A New Dawn
It is a new dawn
for approximately 500,000 the refugees
living in Kenya. After 2 years of rigorous advocacy and lobbying on the
17th November 2021, the President signed into law The Refugees Bill
(National Assembly Bill No. 62 of 2019).
The Refugee Bill
was the long awaited ‘promised land’ for the refugees and asylum
seekers who reside in Kenya both in the designated camps (i.e. Kakuma, Dadaab
& Kalobeyei settlement) and the urban areas. With the looming shadow of
camp closure, the refugees has been on edge and desperate for the just a little
light in the murky waters that has been their life for the last few months.
Upon receiving the
news on the special sitting that was held on September 1st 2021,
that had the President issue recommendations and proposals, many were
disheartened believing that it is yet
another year and a Refugee Bill that may never
be signed into law.
However, we are
grateful to the Government of Kenya that they have recognized the need to have
a new legislative framework to deal with refugee management and
protection. We are cognizant of some of
the significant aspects that the new Refugee Act has highlighted which include
but not limited to the definition of asylum seekers and the designated area, the
express mention of local integration as well as work permits and clauses on
economic inclusion.
Although there are
commendable strides in the realization of social and economic rights of the
refugee and asylum seeker community in the Act, we cannot deny that there have
been a lot of concerns raised on some of the proposals issued by the President
before the assent of the Bill into Law and effect that would have on the
refugee and asylum seekers community.
One of these is that
the envisioned Act is to facilitate the refugees from partner States of the
East African Community to benefit from an alternative immigration status
which may allow them to obtain work permits. This is in a bid to ensure the full
implementation of the 2010 East African Community Common Market Protocol and
substantially reduce the refugee population in Kenya while simultaneously
operating as a durable the protracted refugee situation. On face value this may seem as a positive and
durable solution to the protracted state of refuges in the country. However on the flip side, without a proper definition of
what alternative immigration status means one may also
interpret the clause to mean that Kenya does not recognize the refugees status
of members from the East Africa Community therefore exposing them to refoulment.
The definition of
transit centers to include detention centers, police stations and prisons,
promotes the criminalization of asylum seeking which is in contravention with the
human rights principles of dignity, equality and non-discrimination which is provided
in Article 27(4) and 28 of the Constitution 2010.
Although the
concerns are glaring, the appreciation of having an updated framework is
commendable after close to a decade of lobbying for reforms in the space. We
look forward to the publication and dissemination of the Law to the public as
we continue with advocating for the rights of refugees and asylum seekers in
Kenya.
It is truly a new
dawn for our community.
By Wangui Ndwiga
Legal
Consultant-RELON Kenya.