LHR expresses shock at the Kenyan government threat to close its refugee camps

LHR expresses shock at the Kenyan government threat to close its refugee camps

Lawyers for Human Rights (LHR) expresses shock and dismay at the recent announcement made by the Kenyan government to cease all protection for refugees within Kenyan borders and to shut down all refugee camps. LHR condemns this move in the strongest terms and calls on the Kenyan government to immediately reconsider its position.

LHR stands in firm solidarity with civil society in Kenya as well as the refugee community which stands to be affected by this drastic and dangerous announcement.  LHR believes this is a decision which violates the basic principles of International and domestic law in Kenya and LHR offers its support to groups considering challenging the announcement through legal means.  LHR is particularly concerned that this move violates the sacred protection principles of the Organisation for African Unity Convention governing refugee protection in Africa.

The immediate shutting down of refugee camps not only violate International law but also places the country and its neighbours at severe risk. The forced removal of populations on such a large scale will result in human rights abuses on a grand scale.  The consequences for the health, dignity and safety of affected communities will be dire.

In addition, the Kenyan government has to realize that forcefully returning people to Somalia will amount to the people returning to a place of danger, commonly referred to as the internationally prohibited practice of refoulement.  The United Nations High Commissioner for Refugees does not support forced return to Somalia as the country is still wracked with instability, fighting and violence. 

The very security concerns which the Kenyan government relies upon to justify the closure of refugee camps will only be exacerbated by their closure and the resultant chaos and instability which will ensue.  Past attempts by the Kenyan Government to conduct raids and forced removals have been found to be unlawful by the courts of that country. 

We would also like to echo the messages from other NGOs, calling on the the international community to provide sustainable and sufficient financial support towards refugee programmes in Kenya including supporting the Government of Kenya.

This latest move by the Kenyan government can be seen in the context of a very shrinking space of protection in the continent and indeed internationally. 

“Globally we are witnessing increasingly restrictive refugee protection policies and in South Africa the proposed amendments to the Refugees Act pose are an ominous prediction of upcoming rights restrictions within our borders too,” said Patricia Erasmus of LHR’s Refugee and Migrant Rights Programme.  “The amendments seek to undermine the right to dignity of refugees by severely restricting the ability to support themselves and their families through work and trade.”  The amendments also pose serious threats to family unity by changing the definition of a “dependant” to a more restrictive one and also pose a threat to the freedom of movement by endorsing a move of refugee processing to the border regions.

As we are all celebrating Africa Month, LHR condemns the trend of refugee exclusion and calls on governments to honour the international obligations of shared responsibility in hosting refugees who are fleeing persecution and war.

For interviews please contact Patricia Erasmus on 0822619157