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Complied forced migration notes

Introduction to forced migration (Mount Kenya University)

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INTRODUCTION TO FORCED MIGRATION

BY: PROF. FERD MOYOMBA
MOUNT KENYA UNIVERSITY SCHOOL OF LAW

Contents
MIGRATION..............................................................................................................................................2
IMMIGRATION..........................................................................................................................................3
EMIGRATION............................................................................................................................................3
IMMIGRATION AS DEFINED BY OXFORD DICTIONARY.................................................................3
MEANING OF FORCED MIGRATION..................................................................................................10
FIGURES ON FORCED MIGRANTS.....................................................................................................11
National Security.......................................................................................................................................41
CASE STUDY ON REFUGEES...............................................................................................................43
CASE LAW...............................................................................................................................................43
DEFINITION OF STATELESSNESS.......................................................................................................46
WHY DO STATELESS PERSONS NEED PROTECTION?....................................................................52
RIGHTS OF STATELESS PERSONS......................................................................................................52
CAUSES OF STATELESSNESS..............................................................................................................52
FACTS AND FIGURES OF STATELESSNESS...................................................................................56
LEGAL REGIME....................................................................................................................................58
THE 10 ACTIONS TO END STATELESSNESS..................................................................................60
CITIZENSHIP UPON BIRTH...............................................................................................................63
CASE STUDY ON STATELESSNESS..................................................................................................64
SMUGGLING...........................................................................................................................................71
Forms of human smuggling and trafficking..........................................................................................72
FORMS OF HUMAN SMUGGLING....................................................................................................73
Case laws..................................................................................................................................................74
National and international law on smuggling........................................................................................75
DURABLE SOLUTIONS...............................................................................................................................79
VOLUNTARY REPATRATION.......................................................................................................................82
2.1 UNHCR: Examples of Refugee Repatriation........................................................................................83
RESETTLEMENT..................................................................................................................................84
LOCAL INTERGRATION........................................................................................................................85
CHALLENGES AND OPPORTUNITIES.............................................................................................87
3.1 CONCLUSION..................................................................................................................................90
INTERNATIONAL ORGANIZATION FOR MIGRATION (IOM)...................................................90

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BY: PROF. FERD MOYOMBA
MOUNT KENYA UNIVERSITY SCHOOL OF LAW
WORLD FOOD PROGRAM.................................................................................................................94
UNHCR as an actor in regards to refugees............................................................................................97
Refugee Consortium of Kenya..............................................................................................................101
Identification and Referral of Refugees for Resettlement..................................................................103
ROLE OF GOVERNMENT OF KENYA WITH REGARD TO REFUGEE PROTECTION........105
Responsibilities......................................................................................................................................105
Challenges of Refugees Protection In Kenya.......................................................................................106
THE ROLE OF RELIGIOUS STAKEHOLDERS IN REGARDS TO REFUGEES IN KENYA............108

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INTRODUCTION TO FORCED MIGRATION

BY: PROF. FERD MOYOMBA
MOUNT KENYA UNIVERSITY SCHOOL OF LAW

PARKLANDS LAW CAMPUS

UNIT: INTRODUCTION TO FORCED MIGRATION
UNIT CODE: BLW1206
COURSE INSTRUCTOR: MR. FERD MOYOMBA
SEMESTER: SEPTEMBER/DECEMBER 2022
DAY CLASS

GROUP 1. DAY CLASS 1.2

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INTRODUCTION TO FORCED MIGRATION

BY: PROF. FERD MOYOMBA
MOUNT KENYA UNIVERSITY SCHOOL OF LAW
NAME REG No. SIGN

LUNANI LORINE BLAW/2022/52170

CAROLYNE A. OTIENO BLAW/2022/52066

MARION H. JILLOH BLAW/2022/52813

FLAVIAN OWUOR BLAW/2022/52124

ELIAS ODOYO BLAW/2021/43287

WEEK 1 & 2: INTRODUCTION: MIGRATION Vs IMMIGRATION

Questions:
 Define and distinguish migration, immigration and emigration.
 Expound on the types of migration.
 Causes of migration.

MIGRATION
Migration comes from a latin word “migrare" which means to move or change dwelling.
According to the International Organization for Migration, migration is the movement of persons
away from their place of usual residence, either across international boarder or within a State.
According to Black’s law dictionary, migration is a movement of people or animals from one
country of region to another.
According to vocabulary.com, migration is the movement of either people or animals from one
area to another.For example, one may move from rural to urban center place of work. On the
other hand, an animal i.e., cow may move from the shed to a water drinking point. (The key
point is movement)
In ecology migration is large movement of members of a species to different environment.
Species migrate to take advantage of more favorable conditions with respect to food availability,
safety from predation, mating opportunity or environmental factors.

IMMIGRATION
The word immigration is derived from Latin word “immigrare” meaning to migrate into.

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MOUNT KENYA UNIVERSITY SCHOOL OF LAW
It is the relocation of an individual or family to a new country from their country of origin with
due formalities, for the purpose of permanent residence.
Black’s law dictionary defines immigration as the coming into a country of foreigners for
purposes of permanent residence. The correlative term “emigration” denotes the act of such
persons in leaving their former country.
Collins dictionary.com defines immigration as the coming of people into a country in order to
live and work there.For instance, a Ugandan citizen coming into Kenya in order to live and do
business in Kenya or vice versa. (Think come in).
The formalities are provided for to the immigrant in and out of the foreign country. The
formalities must be adhered to, to make sure that you are not declared an illegal immigrant by the
foreign state. This movement may be in one seeking employment opportunities

EMIGRATION
Emigration comes from a Latin word “emigrare" which means (to move away, remove, depart
from one place)
According to dictionary.com, emigration is the act of leaving one's own country to settle
permanently in another.In the example of immigration above, the Siraloni citizen leaves Sierra
Leon to permanently settle in U.A.E. Conversely, a Kenyan citizen leaving Kenya to
permanently settle in Uganda. (Think exit).
During the French revolution of 1789, French people mostly the royalists fled political
persecution in France and sought refuge in the neighbouring countries such as Spain. Some did
so voluntarily others were under duress.
Thus emigration is going out from one’s country of origin to another country. And it can be
through formal process at the immigration department or by mere fleeing the country for reasons
such as civil war in their country of abode etc.

IMMIGRATION AS DEFINED BY OXFORD DICTIONARY

the process of coming to live permanently in a country that is not your own
Distinction between migration, immigration and emigration

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MOUNT KENYA UNIVERSITY SCHOOL OF LAW

Migration. Immigration. Emigration.

Movement from one part to Move into a non-native Leave one location such as one's
another (of a thing) country or region to live. native country to live in another.

This Type of migration is Act of coming to live This is the relocation or process
temporal permanently in a foreign of people

country i.e. ‘illegal

immigration from Mexico to
Animals/goods/people US’’

Movement of people from Movement across a national

another within or across boarder. (You must cross a
international state boarders boarder to immigrate.)
Involves people, animals, Only people can immigrate
goods, birds
Usually of a large group or Refers to an individual or a
population family
Not involve acquiring of any An immigrant is required to
formal documentation to move undergo a strict procedure to be
from one area to another allowed in a foreign country

A migrant under asylum seeker An Immigrant is free to choose

or refugee categories cannot where to stay and where to work
choose for themselves where to
stay
A migrant under the refugee An immigrant cannot
category can access benefits in
line with UNHCR rules
Not every migrant is an Every immigrant in is a migrant
immigrant (can be within the (must move out of his/her
territories of his/her country) country of residence)

Can happen willingly or Always willingly, you cannot be

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MOUNT KENYA UNIVERSITY SCHOOL OF LAW
unwillingly forced
A migrant is considered as a An immigrant is not a returnee
returnee upon returning to their if they choose to go back to
habitual place their country of residence

A migrant who has moved to Immigrants are covered by the

another country to seek refuge Immigration Act of the foreign
or asylum is governed by the country and his/her country of
International Convention and origin
Refugee Act of the country
he/she has migrated to

2. Types of migration.
Forced Migration
It involves forced movement of people(displacement) from their homes or places of habitual
residence against their will due to natural calamities, natural environmental disasters, violence
,famine or development projects
Voluntary Migration
It is the movement of people or animals from one place to another either through international
border or within a country at their own volition. It can be assisted or independent
Internal migration- moving within a state, country or continent. It can take the form of rural-
urban migration, urban-rural migration, rural-rural migration, urban-urban migration.
Return Migration
It is the moving back to where one came from e.g. pastoralists return to areas where there is rain.
Long Term Migration
Is the movement of people to a country other than that of their usual residence for a period of at
least a year.
Short Term Migration
Movement of people to a country other than that of their usual residence for a period of at least
three months but less than one year except for purpose of recreation, holiday/visit to friends,
business or medical treatment
External migration- moving to a different state, country or continent. For example, moving
from Kenya to Uganda, Africa to Asia, Europe to North America.
Emigration- leaving one's country to live in another. For instance, leaving Kenya to live in the
U.S.A. or vice versa.

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MOUNT KENYA UNIVERSITY SCHOOL OF LAW
Immigration- moving into a new country to live and work there. E.g., moving into U.S.A from
Kenya.
Seasonal migration- moving with each season or in response to labour or climatic conditions.
E.g., moving sheep and cattle to higher elevations during summer to escape the heat and find
more forage, wild beasts in Maasai Mara, seasonally migrate to Tanzania then back to Kenya)
Gross migration- The total number of persons coming in the country and the total going out for
residing. E.g., in 2019 total number of people coming into Kenya was 1,000,000 while the total
going out was 300,000. The gross migration into and out of Kenya would be 1,300,000 people.
Net migration- the difference between the total number of persons coming to reside in a country
and going out of the country for residing. For instance, in the case of 2019, total coming in was
1,000,000 while total going out was 300,000. The Net migration would be 1,000,000-300,000 =
700,000.
Labour migration- movement of persons from one state to another, or within their own country
of residence, for the purpose of employment. E.g., a Kenyan moving from Nairobi to work in
Arusha Dar Salaam or rather a person moving from Nairobi to work in Homabay.
3. Causes of migration
Factors of Migration
The important factors which motivate people to move can be classified into five categories. They
are economic factors, demographic factors, socio-cultural factors, political factors and
miscellaneous factors.
(i) Economic Factors
Most of the studies indicate that migration is primarily motivated by economic factors. In
developing countries, low agricultural income, agricultural unemployment and underemployment
are considered basic factors pushing the migrants towards developed area with greater job
opportunities. Most of migrants have moved in search of better economic opportunities. The
basic economic factors which motivate migration may be further classified as ‘Push Factors’ and
‘Pull Factors’.

The push factors are factors that compel a person, due to different reasons, to leave that place and
go to some other place. The common push factors are low productivity, unemployment and
underdevelopment, poor economic conditions, lack of opportunities for advancement, exhaustion
of natural resources and natural calamities. Introduction of capital intensive methods of
production into agricultural sector, and mechanization of certain processes reduce labour
requirement in rural areas. The non-availability of alternative sources of income in rural area is
also important factor for migration.
The Pull Factors are factors which attract the migrants to an area. Opportunities for better
employment, higher wages, facilities, better working conditions and attractive amenities are pull
factors of an area.

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MOUNT KENYA UNIVERSITY SCHOOL OF LAW

(ii) Demographic Factor

The differences in the population growth rates of the different regions of a nation have been
found to be a determinant in the internal migration.
Fertility and the natural increase in population are generally higher in rural areas which drift the
population towards the city.
Other important demographic factor in internal migration is marriage because females are used
to follow their spouses.
When the youth relocate to the urban arears from the rural the leave the land un tilted ,the old
cannot practice agriculture hence lands are deserted leading to droughts due to lack of trees,
global warming
Due to the effects of two major hurricanes and one earthquake in recent years, around 60,000
Haitians live and work in the United States as most of them were force to leave their homes.
In 2015, a series of earthquakes hit Pakistan, Afghanistan and India at a (7.5-magnitude) and
Nepal at a (7.8-magnitude ). As a result, thousands of citizens were driven away from there
homes.
More than 30 people have been killed in Kenya‘s Rift Valley after a dam burst its banks
following weeks of torrential rain that also forced hundreds from their homes SOLAI DAM
TRAGEDY

(iii) Socio-cultural Factors

Social and cultural factors also an important role in migration. Sometimes family conflicts, the
quest for independence, also cause migration especially, of those in the younger generation.
Improved communication facilities, such as, transportation, impact of television, good network
communication, the cinema, the urban oriented education and resultant change in attitudes and
values also promote migration.

THE ENDOROIS CASE

The Complainants seek a declaration that the Republic of Kenya is in violation of Articles 8, 14,
17, 21 and 22 of the African Charter. The Complainants are also seeking:

Restitution of their land, with legal title and clear demarcation.

Compensation to the community for all the loss they have suffered through the loss of their
property, development and natural resources, but also freedom to practice their religion and
culture.

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MOUNT KENYA UNIVERSITY SCHOOL OF LAW

See also:
Kepha Omondi Onjuro & Others vs AG & 5 Others-Demolition of the Kibera slums

Stratose Ayuma &11 Vs Registered Trusteese the Kenya Railway Staff Retirement Pension
scheme & 2 others- Demolition of muthurwa

(iv) Political Factors

Sometimes even political factors encourage or discourage migration from region to another.
Most of rural people migrated to urban centers because of safety . Hence, the political
background, attitudes and individual viewpoint of the people influenced on the migration of
people.
KENYA: 2007 POST -ELECTION VIOLENCE
With the announcement of the disputed Presidential election on 30/Dec 2007 Lead to wide
spread violence in Kenya which claimed a lot of lives and displacement of 663,932 civilians who
are currently in camps like The Mau Complex
3 million forced migrants from Darfur, 250,000 to date have sought safety and migrated to
refugee camps in the neighboring country Chad.

Dadaab, the worlds biggest refugee camp located in Eastern Kenya, is said to be home to about a
half a million people.The camp was set up in 1991 to house Somalis fleeing the civil wars

(v) Miscellaneous Factors

Other factors such as the presence of relatives and friends in urban areas, desire to receive
education which is available only in urban areas are factors responsible for migration. Closeness
of cultural contacts, cultural diversity, great vitality, individual attitudes are also associated with
migration.

Chart below is a summary

Push Factors
Pull Factors

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MOUNT KENYA UNIVERSITY SCHOOL OF LAW

Unemployment and job

Employment and job opportunities
opportunities

Political instability Political stability

Wars e.g. Religious intolerance

Peace e.g Religious tolerance

Displacement because of environmental factors e.g.

landslides,pollution,government projects Better environmental
conditions and places to stay

Family separation e.g land conflict Family reunion

Inadequate health services Adequate health services

Higher wages
Low wages

Availability of food
Lack of food

Availability of mates /marriage

Lack of mates /state of being single
and love

CONCLUSION
In the upshot foregoing migration is the exodus or shifting of people, animals, things,
information and substance from one place to another.
The migration may be voluntary or forced. This depends on the push or pull factors.

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MOUNT KENYA UNIVERSITY SCHOOL OF LAW

GROUP 2

TOPICS COVERED IN DOCUMENT:

 Forced migration: meaning, categories and causes

 Persons of concern
 Asylum seekers

NAME REGISTRATION NUMBER SIGNATURE

DAVID ALEX WACHIRA BLAW/2022/56357
DEBORAH MAISIA BLAW/2022/48766
LIAN KENDI BLAW/2022/49496
LYNETE NDUKU BLAW/2022/52308
MAXWELL NJIHIA BLAW/2022/53844
RACHEL WATHIMBA BLAW/2022/43871
TRACY MBUGUA BLAW/2022/53480

MEANING OF FORCED MIGRATION.

Migration is defined as the movement of people, birds and animals from one place to another.

Forced migration which is also referred to as involuntary migration is the unwilling movement
of persons from their usual habitat to another location. Forced migration can be cross boarder or
within the boarder of a country. This is brought about by external factors that go beyond their
control such as natural disasters, war, community hostility, development projects, persecutions,
violence and famine

The United Nations High Commissioner for Refugees (UNHCR) defines forced displacement
as a person or a group displaced due to persecution, conflict, generalized violence or human
rights violations. The International Organization on Migration also defines forced migration
as “a migratory movement which, although the drivers can be diverse, involves force,
compulsion, or coercion.”

A person who has been forced to move from their home is known as a forced migrant. They are

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MOUNT KENYA UNIVERSITY SCHOOL OF LAW
defined as any person migrating to escape persecution, conflict, repression and disasters whether
natural or man-made, ecological degradation or other situations that might endanger their lives,
freedom or livelihood.

The European Union also defines a forced migrant as a person subject to migratory movement
in which an element of coercion exists including threats to livelihood, whether arising from
natural or artificial causes.

A forced migrant is an umbrella term, in that we see a person who has been displaced within
their home country is known as internally displaced persons. While those who have fled their
countries of origin are referred to as refugees. They are legally recognized in the countries they
are staying in and receive protection from those countries and or international organizations.

Notable international organizations that deal with such matters are: The United Nations High
Commissioner on Refugees, United Nations Relief Work Agency for Palestine Refugees in The
Near East which was created to care for displaced Palestinians and the International Organization
on Migration.

FIGURES ON FORCED MIGRANTS

According to a report published by UNHCR in final quarter of 2020, they estimated that there
are about 78.5 million people in the world who have been forced to flee their homes. This
number has doubled in the last ten years. Of the total number about 48 million are internally
displaced persons who constitute 61% of the total number and the number has continued to rise
for by 2021 there were 39.1 million new displacements. Refugees and asylum-seekers are 26.4
million and 4.1 million respectively. This makes up 39% of the total number.

CATEGORIES OF FORCED MIGRANTS

There are four categories of forced migrants which are:

 Refugees

 Internally Displaced Persons

 Asylum seekers

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MOUNT KENYA UNIVERSITY SCHOOL OF LAW
 Returnees

 REFUGEES

According to section 3(1) (a) of the Refugee Act; A person shall be a refugee if such person:

Being outside of his country of nationality and owing to a well-founded fear of being
persecuted for reasons of race, religion, nationality, membership of a particular social
group or political opinion and is unable or owing to such fear is unwilling to avail himself
of the protection of his country of nationality or country of habitual residence.

Elements for definition of a refugee

 Well-founded fear of persecution

 Race

 Religion

 Nationality

 Member of a particular social group

 Political opinion

 Unwilling or unable to return.

Refugees are recognized and protected under international law. The United Nations High
Commissioner for Refugees is a United Nations Agency is recognized and functions globally.

The agency’s function is to protect refugees by safeguarding their rights and solve refugee
problems worldwide. They have formulated systems and frameworks such as the Global
Compact of Refugees that helps governments support host countries of refugees and enhance
refugee self-reliance.

SCENARIOS

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MOUNT KENYA UNIVERSITY SCHOOL OF LAW
UKRAINE

Many Ukrainian nationals have since fled their country following the major escalation of the
Russian-Ukrainian War in February 2022.The United Nation stated that the war has caused one
of the largest refugee and humanitarian crisis in Europe since the World War II.Most of these
refugees are either women, children, the elderly or people with disabilities and are now displaced
in different countries such as Romania, Hungary, Belarus, Turkey.

SOMALI

Somali land has been experiencing insecurity for years following the Al Shabab invasion and in
addition; since the year 2021 there has been a devastating drought. These factors have forced the
people to abandon their homes leading to displacement. Research has shown that Somalia is
ranked the second most vulnerable country to climate change as they are mostly Nomadic
pastoralists and farming communities hence being difficult to recover from loss of livestock and
barely any crops.

Most of the Somali refugees are settled in countries such as Yemen, Ethiopia, Kenya and few in
countries such as Uganda, Egypt, and Djibouti.

 INTERNALLY DISPLACED PERSONS (IDPs)

These are persons or groups of persons who have been forced or obliged to flee or to leave their
homes or places of habitual residence, in particular as a result of or to avoid the effects of armed
conflict, situations of generalized violence, violations of human rights, or natural or human made
disasters, and who have not crossed an internationally recognized State border.

ELEMENTS TO DEFINITION OF IDP

 The involuntary character of movement.

 Persons forced to leave their homes or places of habitual residence.

 The movement takes place within national borders and have not crossed an
internationally recognized border.

 To avoid effects of armed conflict, violation of human rights.

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MOUNT KENYA UNIVERSITY SCHOOL OF LAW
Durable solutions for internally displaced persons are sustainable integration in other parts of the
country or places recognized in the country where internally displaced persons take refuge or
reintegration in the place of origin.

SCENARIO

KENYA 2007 ELECTION VIOLENCE

After the announcement of the 2007 presidential election results, post-election violence broke
out in the country which led to displacement of more than 600,000 Kenyans not to mention the
destruction of property and loss of lives. The Mau Forest hosted and still hosts a large number of
people internally displaced following the violence however, the government has been relocating
and reintegrating the people back to their place of origin.

 RETURNEES
United Nations High Commissioner of Refugees defines returnees as a former refugee who has
gone back to his place or former habituated residence on nationality because the situations have
been improved.

A former refugee is considered a returnee for a period of two years.

Two year consideration is because it is expected in those two years one has integrated and made
friends. The advantage of a returnee is that they are granted special protection.

 ASYLUM SEEKERS
Asylum seekers are the people who have moved across international borders in search of
protection from persecution or serious harm from his countries of origin.
An asylum seeker must demonstrate that his or her fear of persecution in his or her country is
well-founded.
Grant of asylum is the exclusive discretion of the state as they have no obligation to grant it.
Individuals have no right to seek and enjoy it.
Article 160 of the United Nations Declaration of territorial asylum in case of negative decision
the asylum seeker must leave the country and may be expelled unless permission to stay is
guaranteed or provided on humanitarians or the other related ground.

CASE EXAMPLE

ABDI V NORWAY

Abdi was an asylum seeker in Norway where he was found in possessions of fire arm, he was

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arrested and deported and banned from re-entry of Norway. Abdi sued Norway since he was
having the firearm in self-defence and had no prior criminal cases against him. He was being
denied asylum due to his possession of a firearm.

PERSON OF CONCERN

This a person or persons who the United Nations High Commissioner for Refugees and also the
United Nations Agency considers as;

 Refugee

 Internally displaced person(IDP)

 Asylum seeker

 Stateless person

 Returnee

 Refugee

Refugees are people fleeing from conflict or prosecution. They are in International law and
should not be returned to situations that put their lives at risk.

As defined by article 1(a)(2) of the 1951 United Nations Convention Relating to the Status of
Refugees and Article 1(2) of 1969 Organization of African Unity Convention, a Refugee is
one who; owing to a well-founded fear of being persecuted for reasons of race , religion
,nationality membership of a particular social group or political opinion ,is outside the country of
his nationality and is unable and unwilling to avail himself of the protection of that country; or
who not having a nationality and being outside the country of his former habitual residence ,is
unable or unwilling to return to it.

As of 2011, the UNHCR itself, in addition to the 1951 definition, recognizes persons as refugees;
who are outside their country of nationality or habitual residence and unable to return there

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owing to serious and indiscriminate threats to life, physical integrity or freedom resulting from
generalized violence or events seriously disturbing public order.

The Convention Governing the Specific Aspects of Refugee Problems in Africa expanded the
1951 definition, which the Organisation of Africa Unity adopted in 1969 to define a refugee as:
As of 2011, the UNHCR itself, in addition to the 1951 definition, recognizes persons as refugees:
who are outside their country of nationality or habitual residence and unable to return there
owing to serious and indiscriminate threats to life, physical integrity or freedom resulting from
generalized violence or events seriously disturbing public order.

According to the Refugee Act of 2006 section 3, defines a refugee as; A person shall be a
statutory refugee for the purpose of this Act if such a person owing to a well-founded fear of
being persecuted for reasons of race, religion, nationality, membership of a particular social
group or political opinion is outside the country of his nationality and is unable or owing to such
fear is unwilling to avail himself of the protection of that country. At section 3(1)(b) it states that
a person shall be a statutory refugee for the purpose of this Act if such a person not having a
nationality and being outside that country of his former habitual residence, is unable or, owing
to a well-founded fear of being persecuted for any aforesaid reasons is unwilling to return to it.

 Internally Displaced Persons

A United Nations report, Guiding Principles on Internal Displacement uses the definition of:
persons or groups of persons who have been forced or obliged to flee or to leave their homes or
places of habitual residence, in particular as a result of or in order to avoid the effects of armed
conflict, situations of generalized violence, violations of human rights or natural or human-made
disasters, and who have not crossed an internationally recognized State border. Internally
displaced people have not crossed a border to find safety unlike refugees they are on the run at
home. They have been defined in the Prevention, Protection and Assistance to Internally
Displaced Persons and Affected Communities Act No 56 of 2012 at Section 2; as persons who

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have been forced or obliged to flee or leave their homes or places of habitual residence as a result
of or in order to avoid the effects of armed conflict, large scale development projects , situations
of generalized violence , violation of human rights or natural and man-made disasters and who
have not crossed an internationally recognized border.
The people are mainly trying to avoid; armed confrontations, a violation of human rights and
clashes. For example, the 2007 post-election violence in Kenya that rendered a lot of people
homeless in various parts of the country. The affected people had to relocate to various camps
and shelters provided by the government.

 Returnees

They are defined by the UNHCR as a former refugee or IDP who has returned back to their
former residence or country because the previous situation has calmed or normalcy has returned
in the area. They considered as returnee for a period of two years since it is expected that during
that they will form ties with other people in the area they are in.

 Asylum Seekers

An asylum seeker is a person who leaves their country of residence, enters another country and
applies for asylum (i.e., international protection) in this other country. An asylum seeker is
an immigrant who has been forcibly displaced and might have fled their home country because
of war or other factors harming them or their family. If their case is accepted, they become
considered a refugee. One becomes an asylum seeker by making a formal application for the
right to remain in another country and keeps that status until the application has been concluded.

The relevant immigration authorities of the country of asylum determine whether the asylum
seeker will be granted protection and become an officially recognized refugee or whether asylum
will be refused and the asylum seeker becomes an illegal immigrant who may be asked to leave
the country and may even be deported. However the asylum seeker may be recognized as a
refugee and given refugee status if their circumstances fall into the definition
of refugee according to the 1951 Refugee Convention or other refugee laws.

 Stateless person

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These are people who are not considered as a national by any state. Some people are born
stateless while others become stateless. It can happen through discrimination against ethnic
groups, gender or religious groups.

Causes of statelessness.

 Lack of comprehensive laws. At times the laws of how one can acquire nationality or lose
it are not clearly written or stated.

 Relocation from the country of birth. A child born in a foreign country can risk becoming
stateless if hat country does not permit nationality based on birth alone and if the country
of origin does not allow a parent to pass on nationality through family ties.

 Can be caused by loss or deprivation of nationality. In some instances, citizens can lose
their nationality by virtue of having lived outside their country for a period of time.

 Specific groups can be left stateless as a result and even where new countries allow
nationality for al, ethnic racial and religious groups frequently have trouble proving their
link to the state.

CAUSES OF FORCED MIGRATION

One person is displaced every 2 seconds, and the global total of forcibly displaced people stands
at over 68.5 million. They are displaced with often nothing but the clothes on their backs. There
are a number of different factors that leads millions of people around the world to leave their
homes all of these factors however lead to one common goal that is to have a better safer life.
The following are the main causes of forced migration.

 Drought

 Hunger

 Flooding

 War and conflict

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 Economic circumstances

 Earthquakes

DROUGHT

A single drought can cause disaster for communities whose lives and livelihoods rely on regular
successful harvests. Some African countries have been adversely affected by drought which is
Somalia, Ethiopia and our very own Kenya. Droughts in these countries have become very
severe leaving millions citizens without the ability to grow food. They rely on this food to feed
themselves, their livestock and their livelihoods. Drought also leaves families without access to
clean water as their only alternative for bathing drinking and growing crops for certain families
this can mean going days without food. They may also use contaminated water.

HUNGER

Hunger is very well connected with drought and other causes which are significant. What people
do not consume in farming regions from their own harvests is sold to make a living and place
food on their tables thus ensuring that their basic need in this case food is taken care of. War and
conflict can also mean a lack of access to markets and fields or that food supplies are destroyed
or stolen other causes of hunger around the world add up to the same result without any
alternatives. Families affected by food shortages are often separated by forced migration. In
Kenya president Ruto flagged off 50 trucks carrying relief food. The food was meant for 20 arid
and semi-arid counties the food included 20000 bags of rice and 20000 bags of beans.

FLOODING

Sometimes nature is just too strong and flooding being a natural cause of forced migration has
led to the migration of many people due to the adverse effects of it. Only few people are left or
no people are left in flood stricken areas. Malawi in southeastern African is a country that is
mainly affected by floods tropical cyclones are experienced there. According to a report

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published in 2017 by Cornell University climate change such as drought and flooding could
account for up to 1.4 billion of forced migrants by the year 2060.

EARTHQUAKES

Earthquakes are another cause of forced of migration which is a natural disaster. They are
measured according to their magnitude the more the magnitude the more the damage an
earthquake cause. They mainly cause cracks on the earth thus destroying people’s homes and
farms. The cracks lead to making the ground unstable and people fear building houses or even
farming there. In Haiti many have been driven from their homes due to devastating effects of
major two hurricanes and one major earthquake in past years. In 2015 a devastating series of
earthquakes hit Afghanistan, Pakistan and India these drove hundreds of thousands of residents
from their homes.

WAR AND CONFLICT

The most common factor for forced migration around the world is conflict. Forced migration has
been a norm in the Middle East for most of the 21 st century due to war and conflict. Africa and
the Middle East countries have been affected immensely because of war and conflict thus many
people have been displaced having escaped from war and conflict. According to Oxford
University refugee studies centre in Syria the deadly civil war has caused over 11 million
instances of forced migration. To date nearly 6.2 million Syrians are internally displaced, and
over 5.6 million are counted as refugees. In Africa the democratic republic of Congo has nearly 6
million people forced from their homes by various conflicts. Kenya has setup refugee camps
from persons escaping war from Somalia and South Sudan which are the Daadab and Kakuma
refugee camps. In recent months many people have escaped the war in Ukraine as Russia
invaded Ukraine many western countries were shocked as they did not expect that a European
country can have forced migrants.

ECONOMIC CIRCUMSTANCES

One of the biggest factors for migration is the economic challenges that may affect individuals in
their countries of origin. In the UN 2018 migration report this is a major driver in West Africa
where temporary and permanent migrants commonly relocate for more opportunities to work and

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support their families. When a country is unable to keep up with the demand for jobs many
people are forced to migrate. This is the main cause Africans are crossing the Mediterranean to
look for job opportunities in Europe.

ASYLUM SEEKERS

One who has left their country and is seeking protection from persecution and serious human
rights violations in another country

BASIC GROUNDS FOR ASYLUM SEEKERS

 Showing that you are either the victim of past persecution or you have a well-founded fear of
future persecution.

 In the case of past persecution you must prove that you were persecuted in your home
country of residence

Refugees and asylees are employment eligible incident to their status and are authorized to work
indefinitely because their immigration status does not expire.

Refugees and Asylum seekers are at risk of exploitation, trafficking and modern slavery.
This can often involve experiences of mental, physical and sexual violence.

DIFFERENCES BETWEEN AN ASYLUM SEEKER AND A REFUGEE

An Asylum seeker is a person looking for protection because they fear persecution for they have
experienced violence or human rights violations. A Refugee is a person who asked for protection
and was given refugee status. They may have been resettled in another country or be waiting for
resettlement.

ASYLUM SEEKERS APPLICATION

A decision should be made on an asylum application within 180 days after the date one filed for

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their application unless there are exceptional circumstances as stated by the Affirmative Asylum
Process Page.Upon entry of an Asylum Seeker in Kenya, he shall be received by an appointed
officer and directed to the nearest reception center. If he wishes to remain in Kenya, he must
follow the following process:

1) Present himself before a registration officer and make his application. This application form
filled in triplicate should be presented by the Asylum Seeker at a designated Refugee Reception
office within 30 days of his entry in Kenya.
2) The registration officer then fills in the asylum seekers' details in the registration form.
3) An asylum seeker who has applied for refugee status shall be issued with a pass valid for only
one year from the date of issuance or until the application is concluded, depending on whichever
comes first.
4) He is then informed by the Commissioner of where he should present himself for purposes of
determination of his application.
5) The Commissioner confirms that all applications are forwarded from the registration centers to
the relevant refugee centers.
6) An asylum seeker and members of his family shall appear in person for a registration
interview.
7) The appointed officer in charge of the registration center then forwards the asylum seekers’
applications to the refugee's determination center.
8) The asylum seeker then undergoes the identification process where his fingerprints and
photographs are taken and checked against all national fingerprint databases.
9) An interview is conducted to determine the refugee status of the asylum seeker.
10) After completing the interview, the refugee status determination officer makes a detailed
report of his recommendation to the Commissioner.
11) The Commissioner then decides it based on the written recommendation within 90 days.
12) Within 14 days, the Commissioner shall in writing inform the Asylum Seeker of the
determination of his application and give reasons if the application is rejected. If the application
is allowed, the Asylum Seeker is issued with an identity document containing his
name, date of birth, sex, country of origin, photograph, name of issuing authority,

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FORMS OF ASYLUM

There are two paths to claim asylum in the US .The affirmative asylum process is for individuals
who are not in removal proceedings and the defensive asylum process is for individuals who are
in removal proceedings.

An asylee becomes as a citizen that he will be eligible for a U.S passport.

Asylees should also understand that until they obtain U.S citizenship they cannot travel back to
their countries.

Currently in Kenya there are slightly over 50,000 asylum seekers.

GROUP 3
GROUP 3 MEMBERS

 AKEYO WARDA SADIQUE BLAW/2022/54142

 DAVINA MORAA NERIKO BLAW/2022/55217
 JOB OGATO BLAW/2022/53713
 RICHARD NEHEMIAH BLAW/2022/55709
 ONYANGO YVETTE ANGEL BLAW/2022/50410

MEANING AND DEFINITION

FACTS AND FIGURES

LEGAL REGIME

CASE STUDIES AND CASE LAWS

UN GUIDING PRINCIPLES ON INTERNAL DISPLACEMENT 1998

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An IDP is a person or group of persons who have either been forced or obliged to leave their
habitual residence or homes in order to avoid the effects of armed conflicts and situations of
generalized violence and who have not crossed an internationally recognized border.

THE PREVENTION PROTECTION AND ASSISTANCE TO INTERNATIONALLY

DISPLACED PERSONS AND AFFECTED COMMUNITIES ACT NO 56 OF 2012.

Section 2 states an IDP is a person or a group of persons forced or obliged to flee or leave
their homes or place of habitual residence as a result of or in order to avoid the effects of
armed conflicts, large scale development projects, situation of generalized violence, violence
of human rights or natural and manmade disasters and who have not crossed an international
recognized state border.

THE GREAT LAKES PROTOCOL ON INTERNATIONAL DISPLACED PERSON OF 30TH

NOVEMBER 2006

Also known as The protocol on the protection and assistance to internally displaced per sons.
Article 1 sets out that IDP is a person or a group of persons forced or obliged to flee or leave
their homes or places of habitual residence in particular as a result of or in order to avoid the
effects of Large-scale development projects and who have not crossed an internationally
recognized border.

ARTICLE 1 OF KAMPALA CONVENTION

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Defines Internally displaced persons as a group of persons who have either been forced or
obliged to flee or leave their homes or place of habitual residence as a result of armed conflict or
situation of generalized violence, violation of human rights or natural and manmade disasters
and who have not crossed an internationally recognized border.

LEGAL REGIME OF IDPS

1. THE KAMPALA CONVENTION

The Kampala Convention Treaty was developed on October 2009 to protect people from being
displaced forcefully within their countries. The treaty was earlier known as African Union
Convention for the Protection and Assistance of Internally Displaced Persons in Africa. This
treaty supplements the 1998 United Nations Guiding Principles of Internal Displacement which
contains the Principles of International Human Rights, refugee and humanitarian law applicable
to Internally Displaced Persons. The Convention ensures these principles are used in Africa for
the protection of Internally Displaced Persons.

The Kampala Convention is developed to ensure African states prevent, protect and assist
Internally Displaced Persons through compensation and safe returns to their homes. It also
mandates an obligation to international organisations and humanitarian agencies to address
conflict. For instance, preventing young children from being recruited in hostilities. The
Convention has now been ratified by 27 countries, out of the African Union’s 55 member states.

2. GREAT LAKES PROTOCOL ON INTERNALLY DISPLACED PERSONS

The Great Lakes Protocol’s central aim is to create a developed, safe, stable and sustainable
continent. This is because countries like Angola, Burundi, Kenya, Uganda, Sudan and
Democratic Republic of Congo have been severely affected by the issue of Internal
Displacement of people due to armed conflicts. In various reports, South Sudan, DRC Congo and
Burundi have been successful in solving this issue through peace agreements, while countries
like Uganda and Angola were able to ensure that Internally Displaced Persons returned safely to

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their homes.

The Displacement of IDPs has also been caused by other factors, for instance, natural calamities
and government development programs. However, The Great Lakes Convention has been among
the few pacts in the world to solve the issue of IDPs. This is due to its creation of 4 action
programs as well as 10 protocols and emphasizing on the need to implement them to solve this
issue in various countries. In addition, its protocol provides for the United Nations Guiding
Principles which are to be followed by various African States to protect IDPs. This is in
accordance to article 6 of the protocols on IDPs, which provides that states should protect and
assist IDPs in the Great Lakes Region.

3. THE IDP’s ACT NUMBER 56 OF 2012

The Act may be cited as Prevention Protection and Assistance to Internationally Displaced
Persons and Affected Communities act 2012.

The act was enacted pursuant to Article 2(4) of the constitution of Kenya 2010. It was assented
on 31st December 2012 and came into operation upon the expiry of 14 days from the date of
publication.

The act gave effect to the Great Lake Protocol on the protection and assistance to internationally
displaced persons and the United Nation guiding principles on the internationally displaced and
for connected purpose.

Protocol and Guiding Principles to apply.

SECTION 3. Subject to the Constitution and this Act

(a) the provisions of the Protocol and

(b) the provisions of the Guiding Principles, shall apply to all internally displaced persons in
Kenya.

Prevention of displacement.

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SECTION 5.

(1) Subject to the Constitution, the Government and any other organization, body or individual
shall guard against factors and prevent and avoid conditions that are conducive to or have the
potential to result in the displacement of persons.

(2) The Government and any other organization, body or individual shall prevent internal
displacement in situations of armed conflict, generalized violence, human rights violations,
natural or human-made disasters and development projects.

(3) The Government shall raise public awareness, undertake sensitization, training and education
on the causes, impact and consequences of internal displacement and means of prevention as
provided for in sections 17 — 20 of this Act.

(4) The Government shall establish a prevention mechanism charged with monitoring areas
inhabited by persons at risk of displacement, periodical reporting on the situation in such
designated areas and early warning issued to the Cabinet Secretary and the Chair of the
Committee for further action to prevent internal displacement.

4. THE CONSTITUTION OF KENYA 2010

Article 2(1) of the Constitution provides that it is the supreme law of the Republic and binds all
persons and all State organs at both levels of government.

Article 2(5) states that the general rules of international law shall form part of the law of Kenya
Article 2(6) states that any treaty or convention ratified by Kenya shall form part of the law of
Kenya under this Constitution.

Basic rights of the IDP can be said to be protected under the following provisions in the
constitution of Kenya:

Article 19(2) provides that the purpose of recognising and protecting human rights and
fundamental freedoms is to preserve the dignity of individuals and communities and to promote
social justice and the realisation of the potential of all human beings.

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Bill of rights applies to all laws and binds all state organs and all persons. Article 28 provides
that Every person has inherent dignity and the right to have that dignity respected and protected.
In regard to property, article 40 states that subjected to article 65, every person has the right,
either individually or in association with others, to acquire and own property of any description
and in any part of Kenya.

The rights shall not be deprived by the state unless the deprivation:

• Results from an acquisition of land or an interest in land or a conversion of an interest in land,

or title to land, in accordance with Chapter Five

• Is for a public purpose or in the public interest and is carried out in accordance with this
Constitution and any Act of Parliament that requires prompt payment in full, of just
compensation to the person; and allows any person who has an interest in, or right over, that
property a right of access to a court of law.

According to article 43, every person (including the IDPs), has the following right. Right to: (a)
to the highest attainable standard of health, which includes the right to health care services,
including reproductive health care;

(b) to accessible and adequate housing, and to reasonable standards of sanitation; (c)
to be free from hunger, and to have adequate food of acceptable quality; (d) to clean
and safe water in adequate quantities, to social security and education

FACTS AND FIGURES OF IDPS

WORLD

It is said that the world records 44000 displacements in every 2 weeks leading to a total of at
least 69 million number of people being either refugees or internally displaced persons
[ IDPS].

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The United Nations High Commissions for Refugees [UNHCR] has been known to protect
and assist displaced communities and finding lasting solutions for them.

According to Internal Displacement Monitoring Centre, there were about 3 million people
who were newly displaced in the year 2002.

By the end of 2019, 45 million people were internally displaced due to gross violation of
human rights, generalized violence, armed conflict among other factors.

VENEZUELA

Over 3 million people from Venezuela were displaced internally and to other countries. This
has been captured as one of the highest displacements in the recent Latin American history.
This is mainly because of violence, insecurity and threats as well as lack of food, medicine and
critical services.

IDPS IN AFRICA

DEMOCRATIC REPUBLIC OF CONGO

The DRC, according to UNHCR, is one of the world's most complicated and difficult
humanitarian situations, which many wars impacting various regions of its large territory,
internally, 4.5 million people have been misplaced within the country, while 826,000 people
have sought asylum in neighbouring African countries. People are fleeing their homes at an
alarming rate.

In 2018 and 2019, there was massive displacement of persons mostly impacting North Kivu,
the province of Greater Kasai, Ituri, South Kivu and mostly Tanganyika, resulting to nearly five
million people being displaced.

In the previous two years, a total of 5 million people has been relocated around the country.

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Nonetheless, increased security in some Tanganyika regions allowed for the rapid returns.
Return migrations have also been seen in Kasai Oriental and certain portions of Kasai Central
provinces, with a focus on the provinces of Kasai Oriental and Kasai Central. Since 2018, an
estimated 2 million people have returned to their country.

ETHIOPIA

IT mainly occurred along the Oromia and Somali regional boundaries in 2017 due to
conflict among the communities.

In 2018, there was a high rise of IDPS of about 3.19 million people fleeing from their homes. At
the start of 2019 almost 80% of the country's population were displaced as a result of violence
whereas 20% as a result of the climatic disasters.

By the end of 2019 May 1.3 million people had returned to their homes including those
whose situations had not yet been fully resolved.

Populations have returned or are claimed to have returned, including communal restoration,
infrastructure, community participation, and social cohesion activities are all examples of social
cohesion activities.

KENYA

Internal Displacement in Kenya was mainly seen in the post-election violence that took place
in the 2007/2008 which displaced over 650,000 people

Among the 663,000 post-election violence IDPs, it is anticipated that up to 50,000 remain
in camps being deprived their freedom of movement.

The displacement was mainly due to; natural or manmade calamities, violation of human rights,
conflict induced relocation and also for competition of limited resources.

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IDPs also require special aid and protection as refugees.

Displacements are a threat to communities and have an impact on the entire countries in terms
of economic, social and political status of the country.

IDPS are in deficiency of basic wants of life, mostly food, shelter and clothing and they mostly

depend on aid from well-wishers and governmental parastatals dealing with the same.

Ethnicity has mostly influenced internal displacement of many Kenyans. Violence has displaced
663,921 people. There were 313,921 of them who fled for months to wait for the calmness to
take place. A total of 78,254 dwelling is believed to have been burned across the country. The
administration also claims 1,300 people lost their lives in the chaos. The Crisis Response Centre
is the government’s coordination organisation. While the majority of flood related displacements
are temporary, the impacted communities are named as internally displaced persons.

CASE STUDIES AND CASE LAW

The first case that clearly portrays context of IDPs of the case of Joseph Kibiwott Melly & 14
others V Ministry of interior And Coordination Of National Government & 5 others {2018}
eKLR

The petitioners in this matter filled an application seeking certain orders, one being that the
court to grant leave to the petioners to issue third party notice to county commissioner ,Nandi
county ;county coordinator integrated IDPs programme Nandi county and the manager Equity
Bank Kapsabet Branch ; the administrative officer responsible for the verification of persons
named in the list of beneficiaries of the IDPS disbursement ; the administrative officer
responsible for the compilation of the list of beneficiaries of the IDPS disbursement and also
the finance institution and the officer responsible for the actual disbursement of the
compensation funds respectively .

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The petitioners also wanted the court to compel the respondents to make public the list of
persons it has earmarked for compensation in Nandi County. in an affidavit sworn in by Joseph
kibwott melly, it stated that disbursements for compensation are in progress to the detriment of
the petitioners who are rightly supposed to be included in the list of IDPS for the purpose of
compensation.

He also alledges that the list which was prepared by one of the leaders included the names of
people who were not affected by the post-election violence, leaving out the petitioners who lost
their loved ones and whose properties were destroyed.

in determine this case, the court has identified issues for determination as follows. 1. whether the
petitioner have requisite locus standi to bring up the petition 2. whether the petition discloses a
cause of action against the respondents.

The petitioner in this case certain of the petitioner’s claim is that their right to equality and
freedom from discrimination under article 27 of the Constitution has been infringed. They
allege that the respondents have done this by failing to include them in the list of IDPS as they
have done for the victims of 2007-2008 post-election violence.

in addition to this, Internally Displaced Person and Affected Communities Act No 56 of 2012
has defined an IDP as a person or group of persons who have been forced or obliged to flee or
leave their homes or places or habitual residence in particular, as a result of or in order to
avoid

effects of armed conflict, large scale development projects, situations of generalized violence,
violation of human rights or natural or human made disasters and who have not crossed an
internationally recognized state border.

In this case law, supporting the affidavit of joseph kibiwott melly and save for stating that he
is one of the representatives of internally displaced persons from Nandi County;

he does not bring the petitioners within the legal definition of who an IDP is in that the petitioner

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may have been affected by the 2007-2008 post-election violence but the question is, did they flee
or leave their homes as a result, or in order to avoid the effect of armed conflict.

A conclusion that we might note from this case is that it is easy for anyone to regard himself as
an IDP, but whoever does so, has an obligation to bring himself with the legal definition of it the
petitioners failed to do so.

section 12 establishes the National consultative coordination committee on internally displaced

person and whose function is ensure registration of all IDPs in order to maintain a national data
of such persons, and in which registration shall commence and conclude within thirty days
after occurrence of the displacement.

The petitioner’s problem in this case is that they failed to register as IDPs.

Therefore, this problem cannot be cured by stopping payment and assistance of the
already identified idps but by their inclusion and registration.

The petitioners would have simply brought the petition against the committee seeking their
registration as IDPs

The registration closes thirty days after occurrence of of the internal displacement as the
petitioners were out of time, and without a prayer to reopen the register or extend the time, their
prayers in the petition were of little assistance.

The judge therefore concluded by saying that it was on the above grounds that I find the petition
bad in law, a waste of courts time, and is accordingly dismissed.

Another case law that can be cited regarding IDPs is Centre for Minority rights and development

{Kenya} and Minority Rights Group International on Behalf of Endorois Welfare Council V.
Kenya 276/2003

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In the 1970s, the Kenyan government evicted hundreds of Endrois families from their land
around lake Bogoria area in the Rift Valley to create a game reserve for tourism. The endrois, an
indigenous people had been promised compensation and benefits, but these were never fully
compensated and the community’s access to their land was restricted to the discretion of the
Game Reserve Authority. This prevented the community from practicing their pastoral way of
life, using ceremonial and religious sites and also accessing traditional medicines. Complaints
[ Center of Minority rights and Development Kenya, and minority rights group international on
behalf of the Endorois welfare council] who total 60,000 people submitted this claim before the
African Commission on Human Rights after domestic legal efforts and action failed to constitute
an effective remedy for the violations alleged.

The commission in this case found that the Kenyan government had violated the Endorois
rights to religious practice, to property, to culture to the free disposition of natural resources and
also to development, under the African Charter {articles 8,14, 17, 21 and 22, respectively]

Furthermore, the commission stated that lack of consultation with the community; the
subsequent restrictions on access to the process of developing the region for use as a tourist
game reserve, had violated the community’s right to development under the U.N Declaration on
the right to Development.

The African Commission recommended among others that the respondent state Kenya to do
the following;

1. To recognize rights of ownership to the Endorois and Resitute Endorois ancestral land

2. Ensure that the Endorois community has unrestricted access to lake Bogoria and
surrounding cites for religious and cultural rites and for grazing their cattle

3. Pay adequate compensation to the community for all loss suffered

4. Report on the implementation of these recommendations within three months of

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notification.

In our group discussion on internally displaced persons, we have seen that internally
displaced persons being persons of concern worldwide have their rights which have
been addressed under the Guiding Principles on Internal Displacement.

Despite a national government having the responsibility to enhance protection of IDPs

in conflicts and crisis situation, the international community has also contributed
towards protecting such persons.

This rights under Guiding Principle on Internally displaced persons include; the right to
life in that every human has this inherent right that is generally protected under law;
hence this right shall not be taken away under any circumstance whatsoever

Right to liberty and security of persons; in that no IDP shall be subjected to arbitrary
arrest and detention, in that this IDPs shall not be confined in a camp except in
exceptional circumstances and any necessary confinement shall not last longer than
required.

The right to dignity, physical, mental and moral dignity in that IDPs should be
protected against certain things like rape, mutilation, cruelty and any other form of
degrading treatment that lowers one dignity.

They also have a right to family life in that the family members who wish to
remain together shall be allowed to do so. And also, efforts are to be taken so as to
re unite families that have been separated.

They have a right to liberty movement and freedom to choose residence in that they
have a right to move in and out of their settlement camps. Right to education is also
regarded and the authorities concerned shall ensure that such persons, in particular
displaced children will receive education which is free and compulsory at the primary
level.

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Statistics done by the Internal Displacement Monitoring Centre indicated that by the
end of 2019, the number of internally displaced persons was 45.7 million.

These displacements were caused by armed conflicts, generalized violence and

human rights violation.

While concluding this, it is important to note that for an individual or group of persons
to be called IDPs, they do not have to be citizens of a country all that needs to be
established is an involuntary movement from their habitual residence.

Group 4

WEEK 7 & 8: Introduction to Refugee Law

Members Registration No. Sign

Onyango Yvette Blaw/2022/50410
Wanjiku Joan Blaw/2021/93353
Mungai Ian Blaw/2022/53225
Karungani Candalezza Blaw/2022/53330
Mwanzia Brian Blaw/2022/53931
Nyaira Maurice Blaw/2022/53834
Chepkemoi Michele Blaw/2022/53404

INTRODUCTION TO REFUGEE LAW

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Who is a Refugee
A refugee can be termed as a person who has been forced to leave their country due to natural
calamities, wars or fear of persecution because of race, religion, political opinion, or nationality.
According to the 1951 United Nations Convention, refugee is anyone who owing to well-
founded fear of persecution for reasons of race, religion, nationality, membership of a particular
social group or political opinion, is outside the country of his nationality and is unable or, owing
to such fear, is unwilling to avail himself of the protection of that country.

Refugees are guaranteed the right to seek and enjoy asylum in other countries as stipulated under
Article 14(1) of the Universal Declaration of Human Rights. The Kenyan Refugee Act, 2021
defines a refugee in similar way as the 1951 United Nations Convention and the OAU
Convention under Section 3(1)(a).

Statistics of Refugees in Kenya

Most refugees and asylum seekers in Kenya originate from Somalia (53%). Other major
nationalities are South Sudanese (25%), Congolese (10%), and Ethiopians (5.6%). Persons of
concern from other nationalities, including Sudan, Rwanda, Eritrea, Burundi, Uganda and others,
make up 6.9 % of the total population (550,817 as of April 2022). Almost half of the refugees in
Kenya (43%) reside in Dadaab, (41%) in Kakuma and (16%) in urban areas (mainly Nairobi),
alongside 18,500 stateless persons.

Ideally, the number of refugees in Kenya has increased over the years and this is due to the fact
that Kenya is the second biggest refugee hosting country in Africa after Ethiopia despite high
cost of living in the country.
Kenya hosts refugees from the Horn of Africa region. These refugees flee conflict in South
Sudan and arrive in Kakuma refugee camp whereas most refugees from Somali flee to Dadaab
which is located in Garissa County.

Elements of the Definition

The key elements in the definition of a refugee are, well-founded fear, persecution, race, religion,

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Nationality, Member of a particular social group, Outside country of origin and Political opinion.
Well-founded Fear is demonstrated by showing both subjective and objective reasonable fear. A
subjective fear is when one personally fears returning to their country of origin. An objective
fear, one can demonstrate facts based on objective sources of evidence.
Persecution refers to the act of harassing or oppressing a person or a group of persons especially
because of their identity. The victim’s well-founded fear MUST relate to persecution. Article 33
of the 1951 Convention stipulates that a threat to life or physical freedom constitutes persecution
and other serious violations of human rights.
Race includes all kinds of ethnic groups that are referred to as “races” in common usage.
Nationality.is not limited to "citizenship", but includes membership of particular ethnic,
religious, cultural, or linguistic communities.
Member of a Particular Social Group refers to a particular social group normally comprises
persons of similar background, habits, or social standards for instance a family. A claim to a fear
of persecution under this heading often overlaps with a claim to fear of persecution on other
grounds such as race, religion or nationality.
Religion may be grounds of persecution where there is; serious discrimination because of
religious practice, prohibition of membership of a religious community, prohibition of worship in
private or in public or prohibition of religious instruction.
Outside country of origin can make one a refugee if he or she is outside the country of
nationality or for those who are stateless meaning they have no citizenship of any country.

Political Opinion may either be a political crime or non-political. Acts of an atrocious nature,
grossly out of proportion with the alleged objective, will normally not be determined to be
political crimes. A political crime is determined by checking at: the personality of the applicant,
his political opinion, the motive behind the act and the nature of the act committed.

Refugee status Determination (RSD)

This is the process that is used to check whether a person who has applied for asylum meets the

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definition of a refugee as per the meaning of the 1951 convention. It is a vital process that helps
refugee(s) to realize their rights under international law. States have an obligation to conduct
Refugee Status Recognition. However, if a state is not a party to the UN Convention (1951)
or/and does not have a fair and efficient national asylum procedure in place the UNHCR, it may
conduct RSD.

The provisions of the 1951 convention defining who is a refugee consists of three parts, which
have been termed respectively “inclusion”, “cessation” and “exclusion” clauses.

 INCLUSION
In the 1951 convention, article 1 (a) (1)-(6) deals with statutory refugees, where, persons are
considered to be refugees under the provisions of international instruments preceding the
convention.
Article 1 (a) (2) provides that the term refugee shall apply to person(s) who;
 As a result of the founded fear for being prosecuted for reasons such as race,
nationality or religion…, etc. is outside the country of his nationality and is
unable or owing to such fear is unwilling to avail himself of the protection of that
country or who not having a nationality and being outside his former habitual
residence as a result of such events is unable or owing to such fear is unwilling to
return to the country.
 CESSATION
This is provided for under Article 1 (c) (1-6) of the 1951 convention in which it spells out
conditions in which a refugee ceases to be a refugee. It is based on the consideration that
international protection should not be granted where it is not required or unjustified.
The convention provides that one shall cease to be a refugee if;
 He has voluntarily re-availed himself of the protection of the country of his
nationality.
 Having lost his/her nationality, he has on his volition decided to re-acquire it.
 He/she has acquired a new nationality and enjoys protection of the country of his
new nationality.
 He/she has voluntarily re-established himself in the country which he left owing

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to fear of persecution.
 The circumstances in which he had been recognized as a refugee cease to exist.
 If he/she being a person of no nationality, he is able to return to his former
habitual residence.

 EXCLUSION

Article 1(d)-(f) of the 1951 Convention as read together with Article 1 provide with the
circumstances one can be excluded from being a refugee and the include:

 Persons already receiving United Nations protection or assistance;

 Article 1 (e) deals with persons who are not considered to be in need of international
protection;

 and Article 1 (f) enumerates the categories of persons who are not considered
deserving on international protection.

Some of the Special Cases include:

1. War refugee - Persons completed to leave their Country of origin as a result of international
or national armed conflicts are not normally refugees under the 1951 Convention. They do
however have the project provided for in other international Instruments, for instance. The
Geneva Convention of 1949 on the protection of war victims protection may not be available of
these are not diplomatic relations between the applicant host country and his country of origin.
2. Deserters or persons avoiding military services.
3. Persons having resorted to force or committed acts of violence.
Procedures For Determination of Refugee Status

 The immigration officer should have clear instructions for dealing with cases which
might come with the purview of the relevant international instruments.

 The applicant should receive the necessary guidance as to the procedure to be followed
when applying for asylum or refugee status.

 There should be the existence of a proper single central authority with the responsibility

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of determining requests for refugee status and making a decision in the first instance.

 The applicant ought to be provided with the relevant facilities such as an interpreter, for
ease of submission of his/her case to the concerned authorities.

 If the applicant is recognized as a refugee he should be informed and issued with relevant
documentation to certifying his refugee status.

 If the applicant is not recognized he/she ought to be given ample time to appeal for a
formal reconsideration of the decision, either to the same or a different authority.

 Unless the request is considered abusive, the applicant should be permitted to remain in
the country pending a decision on his initial request.

 If an appeal to a higher authority or court is pending the applicant is permitted to remain

in the country.

The Legal Regime

The most basic definition of a legal regime is a system or framework of rules governing some
physical territory or discrete realm of action that is at least in principle rooted in some sort of
law. The legal regime basically deals with the laws established to protect refugees in the world.
The development of the refugee legal regime has three periods of growth, namely, the balance of
national security and protection, the rise of encampment policy and finally, the golden age. In
Kenya, international law is acknowledged as a source of law by the constitution. According to
the 2010 constitution, Kenya is a monist state, meaning that all treaties and conventions to which
Kenya is a party are obligatory on the government of Kenya without any restrictions and do not
need to be domesticated in order to become a part of Kenyan law.
The Legal Framework governing refugees include:
 The Constitution of Kenya, 2010

Chapter four of the constitution of Kenya 2010 highlights the Bill of Rights. This is an essential
part of the laws in Kenya as it highlights the fundamental rights and freedoms to which all the
people of Kenya including refugees are entitled to.
The constitution of Kenya entitles all persons of Kenya, inclusive of refugees, freedom of
movement and residence this is further elaborated and explained in the petition presented by

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Kituo cha sheria v The Attorney General where it was held that that the application of the policy
of closure of registration centers by the government in urban centers has deleterious effects of the
rights and fundamental freedoms of urban refugees in several ways.
Right of Fair Administrative Action
Every individual has the right to administrative action that is prompt, effective, legal, reasonable,
and procedurally fair, according to Article 47 of Kenya's constitution. The Office of the
Commissioner of Refugees has the authority to decide on administrative issues involving
refugees in Kenya, according to Sections 6 and 7 of the Act. Every individual who is granted
refugee status under Kenyan law must be treated as such.

National Security
Different people have defined national security in different ways. But to put it plainly, it is the
defense of a nation and a sovereign nation. A right or basic freedom listed in the Kenyan
constitution's Article 24 (1) may not be restricted other than by the law.
When national security is used as justification for putting any restrictions on the exercise of basic
rights, the State must show that the person's presence or activity is endangering the nation and
that having them settle down will make the situation safer. In the Kituo cha Sheria case, the court
opined that painting a group of people known as refugees with a wide brush of criminality as the
foundation of a policy is incompatible with the principles that support a democratic and open
society founded on human dignity, equality, and freedom. The affected individuals and the threat
to national security must always be connected in a concrete sense.
 Refugee Act 2021

The act includes significant changes in policy of refugee economic inclusion, integration,
refugees’ status determination and the ability for refugees to contribute to Kenya’s national and
local economy.
Under the Kenya’s previous Refugee Act of 2006, it required the refugees to live in camps and if
they find a job outside the camp, they cannot live there but in the new act it refers to designated
areas instead of camps where a designated area is any reception area, transit point or settlement

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area as may be declared by the cabinet secretary.
The Act also states that refugees from East African Community countries can decide to no longer
be treated as refugees and use their status as EAC citizens instead which would give them right
to work and to live anywhere in Kenya but they would need a work permit.
 The 1951 UN Refugee Convention

The convention clearly spells out who a refugee is and the kind of legal protection, social rights
and other assistance he or she should receive from states (147 states) and the refugee’s obligation
to host governments. The first instrument was limited to protecting mainly European refugees in
the aftermath of World War II, but a 1967 protocol expanded the scope of the convention as the
problem of displacement spread around the world. The core principle is non-refoulement which
asserts that a refugee should not be returned to a country where they face serious threat to their
life or freedom.
 The OAU Convention Of 1969

It is a regional compliment of the 1951 UN convention. It offers legal protection to a wider

category of people in response to the growing refugee problem in the continent.
 Aliens Restriction Act (Chapter 173)

 Immigration Act (Chapter 172)

The above provide that a person is only entitled to a legal proceeding in Kenya if they have
applied for refugee recognition or are already recognized refugees.

CASE STUDY ON REFUGEES

Syrian refugee crisis

Over the last few years Syria has experienced a devastating refugee crisis .since violence broke
out more than eight years ago ,over five million Syrians have fled to neighboring countries like
Lebanon , Jordan , Iraq ,Egypt and turkey to seek asylum. They have found themselves living in
abandoned buildings or at camps. This crisis was brought about the civil war in the country, this
is because President Assad held dictatorial powers in Syria which suppressed the people since
2000. Protests to remove Assad turned into civil war which led to massacre of protesters and
therefore caused millions of Syrians to flee their country .over 5.6 million Syrians were counted

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and reported to be refugees

Refugee crisis in the democratic republic of Congo

DRC has almost 1 million refugees, most displaced people have fled from eastern areas of north
and southern Kivu and Ituri provinces .this crisis was brought about by localized conflicts
centered on land, resources and power, gender based violence compounded by a weak judicial
system and wide spread impunity, the refugees fled to neighboring countries .UNHCR has
reinforced security and given humanitarian access and assistance.

Refugee crisis in Somalia

Somalis drought is one of the worst in recent history, hundreds of thousands have been forced to
leave their homes to seek for food and water in neighboring countries .other challenges include
political insecurity ,conflict ,natural disasters such as flooding and impact of Covid 19. UNHCR
has continued to support the government of Somalia in providing humanitarian assistance,
development and peace investment.

CASE LAW
Kituo Cha Sheria and 8 others v Attorney General

The petitioner moved to court seeking the directives by the Government dated 21 st January 2013
to be quashed and hence its implementation stopped. The notice stated that the Government of
Kenya had decided to stop the reception and registration of refugees and asylum seekers as well
as it had decided to close down all registration centers in urban areas with immediate effect. All
asylum seekers and refugees were to be hosted at the refugee camps. All asylum seekers and
refugees from Somalia should report to Dadaab refugee camp while asylum seekers and refugees
from other countries should report to Kakuma refugee camp.

The notice also stated that it required the United Nations High Commissioner for Refugees and
other partners serving the refugees to stop providing direct services to asylum seekers and

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refugees in urban areas and transfer the same services to the refugee camps. The petitioners
argued that the declarations made by the Government violated the rights and fundamental
freedoms of refugees living in Kenya. However, Kituo Cha Sheria moved to court seeking
conservatory orders prohibiting any state officer or agent of the government from implementing
the orders in the notice. The court stated that indeed the notice threatened the rights and
fundamental freedoms of the petitioners and other refugees residing in urban areas and is a
violation of the freedom of movement under Article 39, Right to dignity under Article 28 and the
right to fair and administrative action under Article 47(1) of The Constitution of Kenya 2010 and
violates the State’s responsibility towards persons in vulnerable situations contrary to Article
21(3) which states any person seeking to justify a limitation shall demonstrate to the court,
tribunal or other authority that the requirements of this Article have been satisfied.

In Refugee Consortium of Kenya and another v The Attorney General and 2 others

The petitioner as well as the parents of other minors, were arrested in Kasarani at a church and
detained in Kasarani Police Station for three days. When the arrest was taking place, most of the
parents had left their children at home to attend a church service. The 2nd petitioner together
with other parents were informed that they were going to the police station to have their refugee
status documents verified. This was done despite pleading that they had young children who
needed their care. They were then taken to Dadaab Refugee Camp forcefully leaving their minor
children behind, their attempts to seek reunification with their children were futile and as a result
one of the infants left behind developed health problems associated with pre- mature interruption
of breastfeeding. The 1st petitioner wrote to the commissioner for Refugee Affairs requesting
information about the refugee children who had been separated from their families following the
directive on the subsequent security operation issued on 25th March 2014 however, there was no
response. The court stated that indeed there was a violation of human rights of the refugees in
accordance to Article 29(d) and (f) which provides for the Right to Freedom and Security of a
person inclusive of refugees. Article 28 of The Constitution of Kenya states that every individual

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shall enjoy The Right to Dignity however, the petitioners were subjected to inhumane treatment
and hence this was a violation of this right. Article 47 of The Constitution 2010 was equally
violated as it provides for The Right to fair administrative action, this was not the case as the
petitioners were treated unreasonably. The rights of the children were also violated in that
Section 6 (1) of The Children Act provides that every child shall have the right to live with and
be cared for by parents, this was not the case as the parents of the children left behind were
forcefully taken to Dadaab refugee camp without having the opportunity to inform and carry
their children with them.

It was held that an order of mandamus be issued to compel the Respondents, jointly and
severally to re unite the 2nd petitioner and other affected refugees with the 48 children on whose
behalf the petition was brought

GROUP FIVE PRESENTATION

STATELESSNESS

NAME ADMISSION NO. SIGNATURE MARKS

JUNE THEURI BLAW/2022/54611
JAMES MUTINDA BLAW/2022/54804
KIPCHIRCHIR GAD BLAW/2022/50177
LARVIN KYALO BLAW/2022/56210
SUSAN BLAW/2022/54745
CYNTHIA KHAN BLAW/2022/55733

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DEFINITION OF STATELESSNESS
Who is a stateless person?
Statelessness. One without a Nationality or Citizenship. (Advanced Oxford Dictionary.)

The 1954 Convention provides a guideline in regulation of the status a stateless persons.
In consistent with Article 1 of the 1954 convention it recognizes stateless persons as someone
who is not considered a national by any state under the operation of the law. This implies that a
Stateless person is one who doesn’t have the Nationality of any country. In addition the
convention also established the minimum standards of treatment for Stateless persons.
The Bureau of population refugees and migration define a stateless person as someone who and
national laws does not enjoy citizenship- the legal bond between a government and an
individual- in any country.
Nationality is a legal bond between a person and a state. It enables people to have a sense of
identity and more importantly enables them to exercise a wide range of rights.
It is vital to note that, not all refugees are stateless and that many persons who are Stateless have
never crossed an International border.
There are two main types of statelessness;
 De jure- De jure is the Latin expression for “by law” or “by right” and is used to
describe a practice that exists by right or according to law. In contemporary use, the
phrase almost always means “as a matter of law.”
 De facto- is an action taken without strict legal authority to do so, but recognized as
legally valid nonetheless. The action is considered something that acquires validity based
on the fact of its existence and tradition

1954 UN CONVENTION ON THE STATUS OF A STATELESS PERSON

UN General Assembly convened a conference on Plenipotentiaries to draft an international treaty

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on refugees and stateless persons in 1951.While the convention relating to the status of refugees
was adopted that year, international negotiations on the protection needs of stateless persons
continued. The convention relating to the status of stateless persons was adopted on 28
September 1954 and entered into force on 6 June 1960.It establishes a framework for the
international protection of stateless persons and is the most comprehensive codification of the
rights of stateless persons yet attempted at the international level. For those who qualify as
stateless persons, the convention provides important minimum standards of treatment. To
overcome the profound vulnerability that affects people who are stateless and help resolve the
practical problems they face in their everyday lives, the convention upholds the right to freedom
of movement for stateless persons lawfully on the territory and requires state to provide them
with identity papers and travel documents. The office of UNHCR has been mandated to assist
stateless refugees since it was established in January 1951 UNHCR is tasked to undertake
measures to identify, prevent and reduce statelessness as well as promote the protection of
stateless persons.

General provisions of the 1954 UN Convention on the status of a stateless person

According to Article 1 to 42 of the 1954 UN convention it provides the general provisions of the
UN Convention. This are:
 It defines the term ' stateless person. ‘A stateless person is a person who's not considered as a
national by any state under the operation of its law.

 Every stateless persons has a duty to the country which he finds himself.

 Provisions shall be applied without discrimination as to race, religion or country of origin.

 Contracting states shall accord to stateless persons within their territories treatment at least as
favorable as that accorded to their nationals with respect to freedom to practice their religion.

 Rights granted apart from this convention shall not be deemed impair.

 Stateless people shall be exempted from reciprocity and exceptional measures.

 Stateless people shall be accorded continuity of residence.

 Their personal status shall be governed by law.

 Contracting state shall accord to a stateless person favor in the acquisition of movable and
immovable property and other rights pertaining thereto.

 Artistic rights and industrial property should be granted.

 Right to association.

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 Freedom to access courts.

 Right to wage earning employment.

 Right to self-employment.

 Right to public education and public relief.

 Right to labour legislation and social security.

 Provision of administrative assistance.

 Freedom of movement.

 Imposition of fiscal charges for example taxes by contracting states.

 Issuing of travel documents by contracting states.

 Transfer of assets.

 Contracting states shall not expel a stateless person lawfully in their territory save on
grounds.

 Contracting states shall facilitate the assimilation and naturalization of a stateless person.

 Settlement of disputes in contracting states.

 Communication of information on national legislation.

Some of the assistance granted to stateless persons include;

 Community services
 Domestic need and household support
 Education
 Food
 Health and nutrition
 Legal assistance
 Shelter and infrastructure

Overview of the International law for the Protection of Stateless Persons

International law is the set of rules, norms, and standards generally recognized as binding

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between states. It establishes normative guidelines and a common conceptual framework for
states across a broad range of domains, including war, diplomacy, economic relations,
and human rights.
In the year 1974 the United Nations General Assembly, delegated United Nations High
Commissioner For Refugees to act on behalf of people who sought to present a claim under the
1961 Convention. UNHCR’s fundamental mandate has expanded to include all states through an
array of activities. The activities include identification of stateless persons, prevention of
statelessness, and protection of stateless persons and reduction of statelessness

In Kenya, there are various groups of stateless persons such as the, Pemba, Galjael, Shona, as
well as groups of individuals of Burundian, Congolese, Indian and Rwandan descent. Nubians as
well as Somalis are at a risk of Statelessness whose access for Kenyan identification documents
is limited. The members of these communities “belong” to Kenya because of the existing and
longstanding ties with the country however they do not have Kenyan citizenship.
The number of stateless persons in Kenya is not known. An estimate of 18,500 is being used
following the registration of the Makonde in 2016.
Following the launch of the I Belong Campaign and the Global Action Plan to End
Statelessness in November 2014, UNHCR Kenya has conducted numerous activities aimed at
strengthening the work of the government and supporting Civil Society Organizations (CSOs)
and Persons of Concern on matters of statelessness. In 2015, an exhibition dubbed ‘The Struggle
to Belong’ was held in Nairobi to mark the first anniversary of the I Belong Campaign since its
launch the previous year. Annual commemorations of the campaign take place around the world
as well as in Kenya, highlighting achievements and gaps in addressing statelessness.
In close cooperation with relevant departments within the Ministry of the Interior and
Coordination of National Government; the Department of Immigration Services, Civil
Registration Services, the National Registration Bureau, and the Kenya National Bureau of
Statistics as well as CSOs, a National Action Plan to End Statelessness in the country was
drafted. The draft derives from the Global Action Plan to End Statelessness in ten years. The
Kenya plan contains nine action points, which reflect the context of Kenya’s statelessness
situation. The plan once validated will be a framework for addressing statelessness in the
country. Kenya’s legislation allows women to confer nationality on an equal basis as men.
UNHCR is providing technical support to help turn the positive legislation into practical
solutions for the stateless persons in the country.

In 2016, UNHCR in cooperation with Statistics Norway, Kenya National Bureau of Statistics,
and Haki Centre conducted a survey of the Pemba people living in Kwale and Kilifi. The survey
results were shared with relevant stakeholders in 2017. Recommendations from the survey were
useful to ensuring the inclusion of a stateless response in the 2019 Kenya housing and population
census and will forge a way forward for the registration of the Pemba who qualify under the law.
In 2019, UNHCR in close cooperation and coordination with the Kenyan Government through
the Department of Immigration Services and the Kenya National Bureau of Statistics conducted
a registration and socio-economic assessment survey of the Shona in Kenya. The findings of the
study will be launched in September 2020.

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UNHCR continues to raise awareness in Kenya on the issue of statelessness through media,
community forums as well as sensitization of relevant stakeholders with the aim of resolving
existing statelessness situations. This includes improving the access to Kenyan documentation
(birth certificates and national ID cards). UNHCR collaborates with the Civil Registration
Services and civil society and supports mobile registration activities in areas where stateless
persons and persons at risk of statelessness reside including Kwale, Kilifi, Garissa and Kiambu
counties. This helps to avoid having children who are undocumented and may become stateless
later in life. In essence birth registration is a preventive mechanism, which ensures children are
issued with a birth certificate as an identity document and for protection purposes. UNHCR
promotes inclusive policies for identification and registration of all stateless persons of concern.
In June 2017 UNHCR and the Government of Kenya attended the regional conference on the
eradication of statelessness in Kinshasa. A draft declaration and draft action plan on the
eradication of statelessness were developed and have since been signed by relevant Ministers of
the International Conference on the Great Lakes Region (ICGLR). Once adopted by the ICGLR
member states, the declaration and action plan set guidance and timelines for the eradication of
statelessness in the region. In April 2019 during a conference co-hosted by the Government and
UNHCR, which brought together member States of the ICGLR, and in October 2019, during the
High-Level Segment at the annual UNHCR Executive-Committee meeting, the Government of
Kenya committed to the following by 2023:
 Complete legal reforms to address and remedy statelessness in Kenya permanently,
 Validate the draft National Action Plan to eradicate Statelessness followed by its
implementation
 Accede to the 1954 Convention Relating to the Status of Stateless Persons and the
1961 Convention on the Reduction of Statelessness.
UNHCR has launched Good Practice Paper on Ensuring Birth Registration for the Prevention of
Statelessness. This paper is the sixth in our Good Practices series, and seeks to help States, with
the support of UNHCR and other stakeholders to achieve the goals of the #IBelong Campaign to
End Statelessness in 10 Years. Action 7 of the Global Action Plan to End Statelessness aims to
mitigate risks of statelessness that can result from the lack of birth registration and documents
certifying birth. The achievement of Action 7 of the Global Action Plan is closely linked to
progress under Target 16.9 of the Sustainable Development Goals, which aims at ‘legal identity
for all, including birth registration by the year 2030’.
Today, at least 10 million people around the world are denied a nationality. As a result,
they often aren’t allowed to go to school, see a doctor, get a job, open a bank account, buy a
house or even get married.
Stateless people may have difficulty accessing basic rights such as education, healthcare,
employment and freedom of movement. Without these things, they can face a lifetime of
obstacles and disappointment.
Governments establish who their nationals are. This makes them responsible for legal and policy
reforms that are necessary to effectively address statelessness. But UNHCR, other agencies,
regional organizations, civil society and stateless people all have roles to play in supporting their
efforts.

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To make a difference, the UNHCR intervenes. Each of the four areas of their work on
statelessness – identification, prevention, reduction and protection – overlap with the expertise of
other international organizations and NGOs, and they rely on the local knowledge and expertise
of civil society groups, national human rights institutions, academics and legal associations.
Their contribution to our work allows us to prepare and recommend the most effective solutions.
Partnership with other United Nations agencies is also important. For example, the UN
Children’s Fund (UNICEF) has long worked on improving birth registration and civil registries,
the UN Population Fund (UNFPA) can help governments design and implement national
censuses, and the Office of the High Commissioner for Human Rights (OHCHR) supports
monitoring of the human rights of stateless people.

UNHCR applauds Kenya’s decision to resolve the statelessness of the Shona and other
communities

UNHCR, the UN Refugee Agency, welcomes the Government of Kenya’s decision to grant
citizenship to 1,670 stateless Shona and 1,300 stateless persons of Rwandan descent who qualify
under the law as Kenyan citizens.
President Uhuru Kenyatta announced the landmark decision on Saturday during celebrations
marking Kenya’s 57th Jamhuri Day.
“This is a life-changing development for thousands of people. We applaud the Government of
Kenya’s decision to grant them citizenship, ensuring that they are fully included in society. This
will also set a precedent for other countries to follow when it comes to resolving longstanding
statelessness,” said Fathiaa Abdalla, UNHCR’s Representative in Kenya.
The Shona community arrived in Kenya from Zimbabwe (then known as Southern Rhodesia and
later Rhodesia) as Christian missionaries in the 1960s. They carried British passports and were
registered as British subjects. After Kenya’s independence in 1963, they had a two-year window
to register as Kenyans, which many missed. In addition, because they were no longer resident in
their countries of birth, they were not able to register there, thus rendering them stateless.
Many stateless persons of Rwandan descent came to Kenya in the 1930s to work in the tea
estates of Kericho County. Due to a combination of factors, similar to the Shona people, they
have become stateless.
“Their recognition as citizens secures their rights, such as access to education, health care,
employment, property ownership and access to financial services,” said Abdalla.
The decision follows a pledge made by the Government of Kenya during UNHCR’s High-Level
Segment on Statelessness, convened in October 2019. At that event, the Government of Kenya
also pledged to accede to the UN conventions on statelessness.
Kenya is home to an estimated 18,500 stateless persons, most of whom are members of ethnic
minority groups. In addition to the Shona and those of Rwandese descent are a group referred to
as the Pemba people, whose ancestors came from the Pemba Island, Tanzania. Within the
framework of the global #IBelong Campaign to End Statelessness by 2024, UNHCR will
continue to support Kenya in its efforts to prevent and resolve statelessness.

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WHY DO STATELESS PERSONS NEED PROTECTION?

The stateless persons are in need of protection because of their inability to be identified by any
state leaving them vulnerable to difficulties in identification
Statelessness hinders them from fulfilling their potential and may have severe knock-on effects
for societal cohesion and stability.
Communal tension and displacement may also occur and hence leaving us with the duty to
respond to such concerns.
The 1954 provides stateless persons with internationally recognized legal status access to travel
documents, identity papers and basic form of documentation.

RIGHTS OF STATELESS PERSONS

The guidelines provided for the stateless persons in accordance to the 1954 convention include In
compliance with Article 25 which provides for the right to identity and travel documents,
Article 27 and 28 elaborates exception of the stateless persons from reciprocity requirement. In
accordance to Article 7 the article simply explains the human right status and standards
contained in others. Furthermore, the 1961 convention on reduction of statelessness provides
common global safeguard against statelessness hence helping the right to a nationality.
There is no specific procedure for determination of statelessness but the national status
determination procedure should offer certain core elements. the UNHCR has been tasked with
this responsibility.

CAUSES OF STATELESSNESS
1.Conflict of law
Conflicting nationality laws are one of the causes of statelessness. Nationality is usually acquired
through one of two modes, although many nations recognize both modes today:

 Jus soli (“right of the soil”) denotes a regime by which nationality is acquired through
birth on the territory of the state. This is common in the Americas.
 Jus sanguinis (“right of blood”) is a regime by which nationality is acquired through
descent, usually from a parent who is a national. Almost all states in Europe, Asia, Africa,
and Oceania grant citizenship at birth based upon the principle of jus sanguinis.

A person who does not have either parent eligible to pass citizenship by jus sanguinis can be
stateless at birth if born in a state which does not recognize jus soli. For instance, a child born
outside Canada to two Canadian parents, who were also born outside Canada to Canadian
parents, would not be a Canadian citizen, since jus sanguinis is only recognized for the first

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generation in Canada. If the child were born in India and neither parent had Indian citizenship,
then the child might be stateless since India only confers citizenship to children born to at least
one Indian parent, but would more likely inherit citizenship from a parent.

2. By sex
Besides many states allowing the acquisition of nationality through parental descent irrespective
of where the child is born, some do not allow female citizens to confer nationality to their
children. Women in 27 countries cannot pass their nationality onto their offspring. This can result
in statelessness when the father is stateless, unknown, or otherwise unable to confer nationality.
There have been recent changes in favour of gender neutrality in nationality laws, including
reforms in Algeria, Morocco, and Senegal that may inform change elsewhere. For example,
Algeria amended its nationality code in 2005 to grant Algerian nationality to children born in or
outside Algeria to an Algerian mother or father. Moreover, the Convention on the Elimination of
All Forms of Discrimination Against Women prohibits sex-based discrimination in the conferral
of nationality.

An important guideline to prevent statelessness at birth bestows nationality to children born in a

territory who would otherwise be stateless. This norm is stipulated in the 1961 Convention on the
Reduction of Statelessness;[10] appears in several regional human rights treaties, including the
American Convention on Human Rights, the European Convention on Nationality, and the
African Charter on the Rights and Welfare of the Child; and is implicit in the United Nations
Convention on the Rights of the Child.

3.Discrimination
In most large-scale statelessness situations, statelessness is a result of discrimination. Many
states define their body of citizens based on ethnicity, leading to the exclusion of large groups.
This violates international laws against discrimination. The United Nations Committee on the
Elimination of Racial Discrimination stated on 1 October 2014 that the “deprivation of
citizenship on the basis of race, colour, descent, or national or ethnic origin is a breach of States’
obligations to ensure non-discriminatory enjoyment of the right to nationality”.

4.State succession
In some instances, statelessness is a consequence of state succession. Some people become
stateless when their state of nationality ceases to exist, or when the territory on which they live
comes under the control of another state. This was the case when the Soviet Union disintegrated,
and also in the cases of Yugoslavia and Ethiopia. According to the United Nations Office of

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Legal Affairs, the Council of Europe Convention on the Avoidance of Statelessness in Relation to
State Succession is the only treaty that aims to reduce this problem. Seven states have joined it.

5. Administrative obstacles
There are various ways through which people can become stateless that is through
Administrative obstacles and practical problems, especially when they are from a group whose
nationality is questioned. Individuals might be entitled to citizenship but unable to undertake the
necessary procedural steps. They may be required to pay excessive fees for documentation
proving nationality, to provide documentation that is not available to them, or to meet unrealistic
deadlines; or they may face geographic or literacy barriers.

In disruptive conflict or post-conflict situations, many people find that difficulties in completing
simple administrative procedures are exacerbated. Such obstacles may affect the ability of
individuals to complete procedures such as birth registration, fundamental to the prevention of
statelessness in children. Whilst birth registration alone does not confer citizenship on a child,
the documentation of place of birth and parentage is instrumental in proving the link between an
individual and a state for the acquisition of nationality. The United Nations Children’s Fund
(UNICEF) estimated in 2013 that 230 million children under the age of 5 have not been
registered.

Not holding proof of nationality—being “undocumented”—is not the same as being stateless, but
the lack of identity documents such as a birth certificate can lead to statelessness. Many millions
of people live their entire lives without documents, without their nationality ever being
questioned.

Two factors are of particular importance:

 Whether the nationality in question was acquired automatically or through some form of
registration.
 Whether the person has ever been denied documents on the basis that he or she is not a
national.
If nationality is acquired automatically, the person is a national regardless of documentation
status (although in practice, the person may face problems accessing certain rights and services
because he or she is undocumented, not because he or she is stateless). If registration is required,
then the person is not a national until that process has been completed.

As a practical matter, the longer a person is undocumented, the greater the likelihood that he or

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she will end up in a situation where no state recognizes him or her as a national.

6. Renunciation
In mere instances, individuals may become stateless upon renouncing their citizenship (e.g.,
“world citizen” Garry Davis and, from 1896 to 1901, Albert Einstein, who, in January 1896, at
the age of 16, was released from his Württemberg citizenship after, with his father’s help, filing a
petition to that effect; in February 1901 his application for Swiss citizenship was accepted).
People who subscribe to Voluntaryist, Agorist, or some other philosophical, political, or religious
beliefs may desire or seek statelessness. Many states do not allow citizens to renounce their
nationality unless they acquire another. However, consular officials are unlikely to be familiar
with the citizenship laws of all countries, so there may still be situations where renunciation
leads to effective statelessness.

7.Non-state territories
Only states can have nationals, and people of non-state territories may be stateless. This includes
for instance residents of occupied territories where statehood never emerged in the first place,
has ceased to exist and/or is largely unrecognized. Examples include the Palestinian territories,
Western Sahara and Northern Cyprus (depending on the interpretation of what constitutes
statehood and sovereignty). People who are recognized to be citizens by the government of an
unrecognized country may not consider themselves stateless, but nevertheless may be widely
regarded as such especially if other countries refuse to honour passports issued by an
unrecognized state.

While statelessness in some form has existed continuously throughout human history, the
international community has only been concerned with its eradication since the middle of the 20th
century. In 1954, the United Nations adopted the Convention relating to the Status of Stateless
Persons, which provides a framework for the protection of stateless people. Seven years later, the
United Nations adopted the Convention on the Reduction of Statelessness. In addition, a range of
regional and international human rights treaties guarantee a right to nationality, with special
protections for certain groups, including stateless persons.

States bound by the 1989 Convention on the Rights of the Child are obligated to ensure that
every child acquires a nationality. The convention requires states to implement this provision in
particular where the child would otherwise be stateless, and in a manner that is in the best
interests of the child.

The status of a person who might be stateless ultimately depends on the viewpoint of the state

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with respect to the individual or a group of people. In some cases, the state makes its view clear
and explicit; in others, its viewpoint is harder to discern. In those cases, one may need to rely on
prima facie evidence of the view of the state, which in turn may give rise to a presumption of
statelessness.

8.Stateless nations
A stateless nation is an ethnic group or nation that does not possess its own state. The term
“stateless” implies that the group “should have” such a state (country). The term was coined in
1983 by political scientist Jacques Leruez in his book L’Écosse, une nation sans État about the
peculiar position of Scotland within the British state. It was later adopted and popularized by
Scottish scholars such as David McCrone, Michael Keating and T. M. Devine. A notable
contemporary example of a stateless nation is the Kurds. The Kurdish population is estimated to
be between 30 and 45 million, but they do not have a recognised sovereign state

FACTS AND FIGURES OF STATELESSNESS

A fact according to the black law ‘s dictionary is an actual and absolute reality as distinguished
from mere supposition or opinions
A figure according to the black ‘s law dictionary is a digit that represents a number.
As per the overview analysis of the global statelessness statistics for the end of 2019 global
trends report, 3.9M stateless persons have been reported in 76 countries, which is fewer than half
the number of countries in the world as other countries do not submit any data therefore the
extent of statelessness is expected to be much higher.
The Rohingya of Myanmar are still the largest stateless population for whom data is provided.
This year the methodology for reporting on displaced Rohingya has been amended further, with
available data on Rohingya refugees also provided for India, Indonesia, Malaysia and Thailand
alongside Rohingya refugees in Bangladesh and in Myanmar. The total number reported across
these six countries is 1.57M yet this data is still not comprehensive and does not provide a full
picture of the global Rohingya population. The Myanmar government ‘s refusal to offer the
Rohingya citizenship is what rendered them stateless, denial of basic rights and protections.
The ten countries that reported the highest stateless population account for 85% of the total
stateless population as per the global trends reports, 2019. Cote d’ ivory has moved to the top of
the list of countries with the highest stateless population with 955,399 people. Details are though
not given as to what prompted these changes nor why other countries statistics have remained
static in spite of improved availability of data for instance the Netherlands, nor why no figure is
provided at all for some countries like Switzerland and Australia.
The table below shows the top ten countries with highest reported stateless in UNHCR Global

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Trends data.

Thailand, Estonia and Latvia are among the 10 largest reported stateless populations globally but
in the past 3 years data shows a decrease of their stateless person numbers as shown below;
Thailand-reduction at the rate of 2.5%
Estonia-Reduced at the rate of 8.5%
Latvia-Reduction at the rate of 10%
Globally 754,500 stateless people have acquired nationality in (2010 – 2019) which is an
important and encouraging progress, yet less so when understood in percentage terms of the
global stateless persons. This must also be understood against a context in which inherited
statelessness continues to cause tens of thousands of children a year to be born without access to
nationality and where new situations loom that have the potential to generate large scale
statelessness.

According to the global statelessness statistics for end of 2019, 22 countries remain marked with
an asterisk (*) indicating a significant stateless population with no reliable data.

UNHCR in collaboration with national statistical offices, academic experts and other UN
agencies are undertaking a wider effect to clarify standards and definitions for statistical
reporting and develop improved methodologies for data collection.

This effort aims to address what UNHCR technical paper describes as the disjointed and
inconsistent nature of reporting on stateless population.

It also presents a critical opportunity to revisit the approach to the reporting of stateless displaced
populations.

UNHCR has called upon states to improve qualitative and quantitative data on stateless
populations as Action 10 of the Global Action Plan statelessness under UNHCR #I Belong
Campaign

The milestone that had been set for 2017 was 100 states and by 2020 the aim was to have
quantitative data available for 120 states. However, in 2019 global trends the number of
countries reporting statelessness data actually fell. 5 countries which had previously done so did

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not submit data for 2019. This are; Australia, Haiti, Panama, Switzerland.

The above graph shows the population of International migrants from 2000-2020. International
migrant stock is the number of people born in a country other than that in which they live,
including refugees. International migrant stock is the number of people born in a country other
than that in which they live.

The above graph shows the number of stateless people worldwide from 2000-2021. UNHCR
reports on 3.9 million stateless people but this is known to be an underestimate and a global
figure of at least 10 million is frequently cited.

LEGAL REGIME
The 28th September 1954 UN Convention relating to the Status of Stateless Persons
The convention establishes standards of treatment for stateless people in respect to a number of
rights. These include, but are not limited to, the right to education, employment and housing.
Importantly, the 1954 Convention also guarantees stateless people a right to identity, travel
documents and administrative assistance.
There were 83 States party to the 1954 Convention in November 2014 when teams at UNHCR
launched the Campaign to End Statelessness in 10 Years.

THE 1961 UN CONVENTION ON THE REDUCTION OF STATELESSNESS

It was adopted on 30 August 1961 and entered into force on 13 December 1975. It complements
the 1954 Convention relating to the Status of Stateless Persons and was the result of over a
decade of international negotiations on how to avoid the incidence of statelessness. Together,
these two treaties form the foundation of the international legal framework to address
statelessness, a phenomenon which continues to adversely affect the lives of millions of people
around the world. The 1961 Convention is the leading international instrument that sets rules for
the conferral and non-withdrawal of citizenship to prevent cases of statelessness from arising. By
setting out rules to limit the occurrence of statelessness, the Convention gives effect to article 15
of the Universal Declaration of Human Rights which recognizes that “everyone has the right to a
nationality.

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Underlying the 1961 Convention is the notion that while States maintain the right to elaborate
the content of their nationality laws, they must do so in compliance with international norms
relating to nationality, including the principle that statelessness should be avoided. By adopting
the 1961 Convention safeguards that prevent statelessness, States contribute to the reduction of
statelessness over time. The Convention seeks to balance the rights of individuals with the
interests of States by setting out general rules for the prevention of statelessness, and
simultaneously allowing some exceptions to those rules
The 1961 Convention establishes safeguards against statelessness in several different contexts. A
central focus of the Convention is the prevention of statelessness at birth by requiring States to
grant citizenship to children born on their territory, or born to their nationals abroad, who would
otherwise be stateless. To prevent statelessness in such cases, States may either grant nationality
to children automatically at birth or subsequently upon application. The Convention further seeks
to prevent statelessness later in life by prohibiting the withdrawal of citizenship from States’
nationals – either through loss, renunciation, or deprivation of nationality – when doing so would
result in statelessness. Finally, the Convention instructs States to avoid statelessness in the
context of transfer of territory. For all of these scenarios, the 1961 Convention safeguards are
triggered only where statelessness would otherwise arise and for individuals who have some link
with a country. These standards serve to avoid nationality problems which might arise between
States.

The 30 August 1961 UN Convention on the Reduction of Statelessness

The 1961 Convention is the leading international instrument that sets rules for the conferral and
non-withdrawal of citizenship to prevent statelessness.
The 1961 Convention aims to prevent statelessness and reduce it over time. It establishes an
international framework to ensure the right of every person to a nationality. It requires that states
establish safeguards in their nationality laws to prevent statelessness at birth and later in life.
Perhaps the most important provision of the convention establishes that children are to acquire
the nationality of the country in which they are born if they do not acquire any other nationality.
It also sets out important safeguards to prevent statelessness due to loss or renunciation of
nationality and state succession. The convention also sets out the very limited situations in which
states can deprive a person of his or her nationality, even if this would leave them stateless.
There were 61 states party to the 1961 Convention in November 2014 when teams at UNHCR
launched the Campaign to End Statelessness in 10 Years.
The current international legal framework is undermined by several shortcomings. In particular,
the two United Nations treaties specifically devoted to this enduring phenomenon (i.e., the 1954
Convention Relating to the Status of Stateless Persons and the 1961 Convention on the
Reduction of Statelessness) are poorly ratified by states.

GLOBAL 2014 – 2024 ACTION PLAN TO END STATELESSNESS

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Statelessness is a profound violation of human rights. It would be deeply unethical to perpetuate
the pain it causes when the solutions are so clearly within reach. The UN global Action plan sets
out the strategy to put a defective end to this human suffering within 10 years (2014 – 2024).
(United nations high commissioner for refugees.)

OBJECTIVES

The global Action plan to end statelessness within 10 years establishes a guiding framework of
10 Actions to be undertaken by states, with support of UNHCR and other stakeholders to:
 Resolve the major existing situations of statelessness.
 Prevent new cases of statelessness.
 Better identify and protect the stateless population.

THE 10 ACTIONS TO END STATELESSNESS

ACTION 1
RESOLVE EXISTING MAJOR SITUATIONS OF STATELESSNESS
Goals: all major non-refugee statelessness resolved
major non-refugee statelessness situations are often linked to non-inclusion of specific groups in
the body of citizens at the time of independence, sometimes for discriminatory reasons. These
situations generally have persistent for decades. A number of states have recognized the negative
impact and have undertaken steps to resolve large scale situations.
How can this action be implemented?
 Through changes to legislations or government policies.
 Recognize as nationals those populations excluded at the time of state’s independence.
 Requirements and procedures for naturalization can be simplified to make it easier for
stateless people to acquire nationality.
 Rules for conferral of nationality so that all stateless people resident in the territory are
considered nationals provided that they were born the territory or they were residing there
before a particular time or have parents and grandparents who meet these criteria.
ACTION 2
ENSURE THAT NO CHILD IS BORN STATELESS
Goals:
 No reported childhood statelessness
 All states have a provision in their nationality laws to grant nationality to stateless
children born in their territory.

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 All states have a provision in their nationality laws to grant nationality to children
of unknown origin found in their territory.
 All states have a safeguard in their nationality laws to grant nationality to children
born to nationals abroad and who are unable to acquire other nationality
How can this Action be implemented?
 Ensure that nationality laws allow children born the territory of a state to acquire
nationality of that state.
 Ensure that nationality laws grant nationality to children born to nationals abroad and
who would otherwise be stateless.
ACTION 3
REMOVE GENDER DISCRIMINATION FROM NATIONALITY LAWS
Goal:
All states have nationality laws which treat women and men equally with regard to
conferral of nationality to their children and with regard to the acquisition, change and
retention of nationality.
How can this Action be implemented?
Reform to laws which prevent women from conferring nationality to their children on an equal
basis as men are necessary to prevent statelessness among children.
ACTION 4
PREVENT DENIAL LOSS OR DEPREVATION OF NATIONALITY ON
DESCRIMINATORY GROUNDS
Goal:
No state has nationality laws which permit denial, loss or deprivation of nationality on
discrimination grounds.

How can this Action be implemented?

 State authorities refrain from denying or depriving people of nationality on
discriminatory grounds such as ethnicity, religion, language or disability.
 To ensure this, states can introduce nondiscriminatory provisions in their constitution and
nationality laws.
ACTION 5
PREVENT STATELESNESS IN CASES OF STATE SUCCESSION
Goal:
No cases of statelessness due to future situations of state succession
How can this Action be implemented?
Through coordinating approach to nationality by the concern states and implementation of

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simple safeguards in nationality laws.
Eg; upon transfer of territory from one state to another, the nationality of the affected
population may not be withdrawn unless it is clear that they have acquired the nationality of the
other state involved.
ACTION 6
GRANT PROTECTION STATUS TO STATELESS MIGRANTS AND FACILITATE
THEIR NATURALIZATION
Goal:
70 states identify stateless migrants through determination procedure which lead to the
legal status that permits residence and guarantees the enjoyment of the basic human rights
and facilitate naturalization.
How can this Action be implemented?
The 1954 convention relating to the status of stateless person establishes the regime to protect
the rights of the stateless people, it required states to establish procedures to determine who is a
stateless person within their territory including those in detention who cannot be expelled.
ACTION 7
ENSURE BIRTH REGISTRATION FOR THE PREVENTION OF STATELESSNESS
Goal:
No reported cases of statelessness due to lack of birth registration
How can this Action be implemented?
 States procedure for late and delayed registration and may consider undertaking
campaigns to register older children and adults.
 Birth registration need to be free, accessible and undertaken on a non-discriminatory
basis.
ACTION 8
ISSUE NATIONALITY DOCUMENTATION TO THOSE WITH ENTITLEMENT TO IT
Goal:
No states which have populations which are entitled to nationality under law but which
cannot acquire documentary proof of nationality.
How can this Action be implemented?
 It’s vital those who are entitled to nationality receive nationality documentation
 Procedure to obtain such documentation must be accessible, affordable, and implemented
in a non-discriminatory manner.
 Cumbersome, lengthy procedures and onerous requirement for applicants must be
avoided.

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ACTION 9
ACCEDE TO THE UN STATELESSNESS CONVENTION
States are party to the 1954 convention relating to the status of the stateless person. 130
states are party to the 1961 convention on the reduction of the statelessness.
How can this Action be implemented?
 All states for UN establish procedures and legal frameworks for the protection of the
stateless person (1954 convention)
 Increase accession to the 1961 convention is essential to address gaps in nationality laws
which can lead to statelessness, in particular those set out in Action 2 and 5.
ACTION 10
IMPROVE QUALITATIVE AND QUANTITATIVE DATA ON STATELESS
POPULATION
Goal:
Quantitative data on stateless populations is publicly available for 150 states and
qualitative analysis on stateless population is publicly available for at least 120 states.
How can this Action be implemented?
 Statistics and information on the situation of stateless population can be gathered using a
range of methods, including analysis of civil registration data, population census, targeted
surveys and studies.
 Strengthening of civil registration and vital statistics systems in accordance with Action 7
will also contribute to availability of quantitative data.

CITIZENSHIP UPON BIRTH

According to the Constitution of Kenya 2010, Chapter Three, Article 14:
(1) A person is a citizen by birth if on the day of the person’s
birth, whether or not the person is born in Kenya, either the mother or
father of the person is a citizen.
(2) Clause (1) applies equally to a person born before the
effective date, whether or not the person was born in Kenya, if either
the mother or father of the person is or was a citizen.
(3) Parliament may enact legislation limiting the effect of clauses
(1) and (2) on the descendants of Kenyan citizens who are born
outside Kenya.
(4) A child found in Kenya who is, or appears to be, less than
eight years of age, and whose nationality and parents are not known,
is presumed to be a citizen by birth.
(5) A person who is a Kenyan citizen by birth and who, on the

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effective date, has ceased to be a Kenyan citizen because the person
acquired citizenship of another country, is entitled on application to regain Kenyan citizenship.
Citizenship by birth (jus sanguinis). If one or both of a person’s parents are citizens of a
given state, then the person may have the right to be a citizen of that state as well. Formerly, this
might only have applied through the paternal line, but sex equality became common since the
late 20th century.
Citizenship is granted based on ancestral or ethnicity and is related to the concept of a nation
state common in Europe. Where jus sanguinis holds, a person born outside a country, one or both
of whose parents are citizens of the country, is also a citizen.
Some states (United Kingdom, Canada) limit the right to citizenship by descent to a certain
number of generations born outside the state; others (Germany, Ireland, Switzerland) grant
citizenship only if each new generation is registered with the relevant foreign mission within a
specified deadline; while others (France, Italy) have no limitation on the number of generations
born abroad who can claim citizenship of their ancestor’s country. This form of citizenship is
common in civil law countries.

CASE STUDY ON STATELESSNESS

 ALBERT EINSTEIN – STATELESS FROM 1896 T0 1901
Albert Einstein was born on March 14, 1879 Ulm, Württemberg, Germany and died on April 18,
1955 in the town of Princeton in the state of New Jersey in the United States of America. The
German-born physicist, who developed the special and general theories of relativity and quantum
mechanics, and won the Nobel Prize for Physics in 1921 for his explanation of the photoelectric
effect, is generally considered the most influential theoretical physicist of the 20th century.
. Albert Einstein was a German citizen from birth. As he grew older, Einstein's pacifism (belief
that war and violence are unjustifiable and that all disputes should be settled by peaceful means)
often clashed with the German Empire's militant views at the time. In January 1896, at the age of
16, he was released from his Württemberg citizenship after, with his father's help, filing a
petition to that effect. Albert’s political views coincide with the spirit of the Swiss democratic
constitution. In 1899, still a student in Zurich, he applies for a Swiss citizenship. In February
1901, his application for Swiss citizenship was accepted. The loss of Einstein's citizenship
allowed him to avoid service in the military, which suited his pacifist views.
Early in 1911, Einstein is appointed at the German University of Prague. Such an appointment is
“contingent on the acquisition of Austrian citizenship” and thus, Einstein is requested to “take,
without delay, the necessary steps to obtain the release from [his] present citizenship”. However,
while it is confirmed that, with a delay of one semester and dressed in a most picturesque
uniform, Einstein took the solemn oath of office, the process of naturalization is not finalized
before Einstein leaves Prague for Zurich in 1912. Thus, he remains a Swiss citizen and never
became a subject of the Austrian Empire.
Einstein accepted a position at the University of Berlin in 1914, returning to Germany where he
spent his time during the rest of World War I. Einstein also re-acquired his German citizenship.
In the years after the war, Einstein was very vocal in his support for Germany. In 1918, Einstein
was one of the founding members of the German Democratic Party, a liberal party. In 1921,

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Einstein refused to attend the third Solvay Congress in Belgium, as his German compatriots were
excluded. In 1922, Einstein joined a committee sponsored by the League of Nations, but quickly
left when the League refused to act on France's occupation of the Ruhr in 1923. As a member of
the German League of Human Rights, Einstein worked hard to repair relations between Germany
and France.

Fearing for his safety, Einstein and his wife, Elsa, immigrated to the United States on October
17, 1933, where he worked at the California Institute of Technology in Pasadena, California, and
lectured at Abraham Flexner's newly founded Institute for Advanced Study in Princeton, New
Jersey. Einstein renounced his German citizenship in 1933 due to the rise of Adolf Hitler and the
Nazi Party due to his views on pacifism.
Although some Americans opposed Einstein’s immigration for his "radical” views, Einstein
embraced the opportunities and freedom of his new nation. He cowrote a famous letter to
President Franklin D. Roosevelt in 1939 advising him of the possibilities of developing an
atomic bomb. On June 22, 1940, Einstein took his American citizenship test and gave a talk for
the government’s I Am an American radio series; he was naturalized (the legal act or process by
which a non-citizen of a country may acquire citizenship or nationality of that country) on
October 1, 1940. After World War II, Einstein advocated nuclear disarmament and international
cooperation. He died in 1955.
Albert Einstein with his second wife, Elsa Einstein
Fun fact: Elsa Einstein was born Elsa Einstein on Jan. 18, 1876. That’s not a mistake, Elsa’s
father was Rudolf Einstein, the cousin of Albert Einstein’s father. That’s not as strange as it gets,
though. Her mother and Albert’s mother were also sisters, so Elsa and Albert Einstein were
actually first cousins.

 THE STATELESS ROHINGYA

The Rohingya are an ethno-religious Muslim minority group originating from the Rakhine
region which today is encompassed within the western part Myanmar (also known as Burma)
and is adjacent to Bangladesh. There is an estimated population of between one and 1.5 million
Rohingya in Rakhine State, with the majority living in camps as internally displaced people
(IDPs). With at least 1.5 million people in the diaspora following waves of forced migration
dating back to the 1970s, today more Rohingya live in exile outside of Myanmar than within its
borders.
In 1982 the Rohingya were arbitrarily stripped of their Burmese citizenship through the passing
of a Citizenship Law and children born subsequently to Rohingya parents are also deprived of
their right to a nationality. Ever since, the Rohingya population in Myanmar has been
continuously subjected to systematic, targeted persecution and discriminatory restrictions on
their fundamental human rights including livelihoods, movement, education and healthcare. In
recent years, over a million Rohingya men, women and children have fled from Myanmar to

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neighbouring Bangladesh and then onwards to India, Indonesia, Malaysia, Thailand and beyond.
No country recognises the Rohingya as their citizens, rendering the vast majority as stateless and
most Rohingya outside of Myanmar as stateless refugees. As displaced stateless people, they
experience heightened vulnerability, greater difficulty in exercising their basic human rights, and
have particular protection needs, in contrast to other non-stateless refugees or internally
displaced people. Countless Rohingya are seeking asylum in countries which have not acceded to
the 1951 Refugee Convention. Consequently, these ‘host’ countries have very weak or non-
existent protection frameworks which results in the Rohingya being further deprived of their
rights and freedoms.
The Rohingya are a clear example of a protracted and inter-generational statelessness situation
with the vast majority of Rohingya without a recognized legal nationality status and, as such,
unable to pass on a nationality to their children. There is a serious risk of further inter-
generational statelessness for Rohingya children born in host countries where there is an absent
or ineffective safeguard against statelessness for children born to stateless Rohingya refugees.
Stateless Rohingya face both administrative and physical challenges accessing civil registration
and documentation, such as registering births, marriages and deaths. Although not necessarily a
prerequisite for acquisition of nationality, a birth certificate can provide the first legal
identification of a person existing, and can be critical for the recognition by a country of a
person’s tie to that country, and right to citizenship. Even when Rohingya children do have a
birth certificate, they are frequently denied access to public education, with literacy and
numeracy challenges compounding the Rohingya’s marginalization from mainstream societies.
Rohingya are habitually deprived of their liberty and freedom to move inside Myanmar, and are
highly vulnerable to arbitrary arrest in countries of asylum (particularly Indonesia, Malaysia and
Thailand). Further, detention of Rohingya can be for an indefinite period: their statelessness
means that it is very difficult for authorities to return Rohingya to their country of origin, since
Myanmar does not recognize them as citizens.

CASE LAW ON STATELESSNESS

Nottebohm Case (Liechtenstein v. Guatemala) - 1955
Facts of the case - Nottebohn (P), a German by birth, lived in Guatemala (D) for 34 years,
retaining his German citizenship and family and business ties with it. He however applied for
Liechtenstein (P) citizenship a month after the outbreak of World War II. Nottebohm (P) had no
ties with Liechtenstein but intended to remain in Guatemala. The naturalization application was
approved by Liechtenstein and impliedly waived its three-year. After this approval, Nottebohm
(P) travelled to Liechtenstein and upon his return to Guatemala (D), he was refused entry
because he was deemed to be a German citizen. His Liechtenstein citizenship was not honored.
Liechtenstein (P) thereby filed a suit before the International Court to compel Guatemala (D) to
recognize him as one of its national. Guatemala (D) challenged the validity of Nottebohm’s (P)
citizenship, the right of Liechtenstein (P) to bring the action and alleged its belief that Nottebohm
(P) remained a German national.

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Issue - Must nationality be disregarded by other states where it is clear that it was a mere device
since the nationality conferred on a party is normally the concerns of that nation?
Held - NO. issues relating to citizenship are solely the concern of the granting nation. This is the
general rule. But it does not mean that other states will automatically accept the conferring state’s
designation unless it has acted in conformity with the general aim of forging a genuine bond
between it and its national aim. In this case, there was no relationship between Liechtenstein (P)
and Nottebohm (P). the change of nationality was merely a subterfuge mandated by the war.
Under this circumstance, Guatemala (D) was not forced to recognize it. Dismissed.
Kuric and Others v. Slovenia
Jurisdiction: European Court of Human Rights (ECHR)
Facts of the case - The case was brought by eight applicants some of whom were stateless and
others of whom were nationals of states which had formerly constituted part of the Socialist
Federal Republic of Yugoslavia (the SFRY). The Respondent in the case was Slovenia.
On 25 June 1991, Slovenia declared independence. The applicants, as nationals of the SFRY, had
gained permanent residence. As part of the process of independence, Slovenia passed a number
of laws including the Aliens Act 1999. Under the new law’s permanent residents such as the
applicants were entitled, under a number of conditions, to apply for citizenship of Slovenia and
were given 6 months in which to do so. The applicants did not do this.
On 26 February 1992, two months after the expiry of the six-month deadline, their names were
erased from the civil registry, resulting in their statelessness and meaning they were residing
illegally in Slovenia. The impact of this change of status was significant, with the applicants’
personal documents being removed and their passports revoked and destroyed. They faced
numerous difficulties including struggling to keep their jobs and obtain pensions and being
unable to leave the country. The treatment of the applicants and other ex-nationals of the SFRY,
as a result of the Aliens Act, was different from the treatment faced by “real” aliens (non-SFRY
nationals) who had obtained their status prior to independence.
The plight of the “erased” was taken to the Constitutional Court in 1999, who held that section
81 Aliens Act was unconstitutional as it had not set out the conditions for acquisition of
permanent residence of the “erased” and left them in a less favourable position than aliens who
had lived in Slovenia since before independence. As a result of the judgment of the
Constitutional Court, Slovenia passed the Legal Status Act in 1999 to rectify the gap and regulate
the position of the “erased”. However, in 2003 the Constitutional Court also found this Act to be
unconstitutional because, amongst other things, it did not grant retrospective permanent
residence from the date of the “erasure” or regulate the position of those who had been deported
following “erasure”. The Act was further amended to deal with these deficiencies and in 2010 the
Constitutional Court found the Act as amended to be constitutional. In 2006 the applicants,
together with a number of others, brought claims before the ECHR for breaches of Articles 8, 13
and 14 in relation to the situation.
In its judgment of 3 March 2009, the Chamber had held that some applicants’ claims were
inadmissible as the retroactive provision of permanent residence was an adequate and sufficient
remedy so they could no longer claim to be victims. As to the substantive complaints the

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Chamber held:
 There was a violation of Article 8 of the Convention.
 There was a violation of Article 13 of the Convention.
 In view of its finding of a violation of Article 8, it was not necessary to rule on the
applicants’ complaint under Article 14 of the Convention.
Pursuant to the Slovenian government’s request, the case was referred to the Grand Chamber in
2010 and a hearing was held in July 2011.
Law
Relevant domestic law of the Republic of Slovenia included:
 Sections 10, 19, 39 and 40 of the Citizenship Act 1991 (as amended 2002)
 Sections 13, 16, 23, 28, 81 and 82 Aliens Act 1999
 Sections 1 and 2 of the Legal Status Act 1999
Articles 8, 13 and 14 of the European Convention on Human Rights (the Convention).
Legal Arguments
Applicants’ arguments
The applicants’ argued that domestic law was in breach of their Article 8 rights as the “erasure”
irremediably affected their private life or family life or both. The Aliens Act was neither
foreseeable in effect nor accessible. In addition, the conduct of the authorities was arbitrary. At
the time of the dissolution of the SFRY, the government had been under an obligation to give all
persons living in Slovenia a choice between Slovenian citizenship and a residence permit. With
regard to Article 14, the applicants argued that, in the enjoyment of their right to respect for
private and family life under Article 8, they had been discriminated against on the ground of their
national origin, when compared to other foreign citizens, having been treated less favorably than
“real” aliens who had lived in Slovenia since before independence and whose permanent
residence permits had remained valid under the Aliens Act. The applicants argued that the
continuous right to residence of the “erased” should also be recognized.
They also refuted the government’s assertion that they had benefited from positive discrimination
by not being deported. The applicants stated that five of them had in fact been deported. Finally,
the applicants contended that the Respondent had failed to provide an effective remedy to the
“erased” as required by Article 13 of the Convention. None of the remedies available at the
material time were capable of addressing the substance of their complaints under Article 8. The
Legal Status Act was an insufficient legal remedy.
Respondent’s arguments
The Respondent made a number of preliminary arguments. It argued that the applicants were not
“victims” for the purposes of the Convention; the applicants had not exhausted domestic
remedies; the ECHR did not have temporal jurisdiction to hear the case; and the Convention did

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not protect a right to citizenship or permanent residence. As to the substantive claims, the
Respondent argued that it had given very favourable conditions to permanent residents of
Slovenia who were citizens of former republics following independence, enabling them to
acquire Slovenian citizenship.
However, it argued that this treatment could not last indefinitely due to the need to form a corpus
of Slovenian citizens. It stated that the legislation it had enacted had been necessary and
constituted a proportionate means of achieving the legitimate aim of ensuring security post-
independence. The Respondent acknowledged that the “erasure” had been illegal and had led to
an unconstitutional situation. However, it argued that the enactment and implementation of the
Legal Status Act constituted an appropriate, comprehensive and general measure for ensuring the
Article 8 rights of the “erased”.
The Respondent denied a violation of Article 14, arguing that the applicants had been treated the
same as other aliens without residence permits and, further, that the applicants had never been in
a comparable situation to “real” aliens for the purposes of the Aliens Act. Additionally, it argued
that the applicants had benefited from positive discrimination since they had not, in principle,
been deported. Finally, the Respondent argued that sufficient legal remedies were available and
were both accessible and effective in compliance with Article 13.
Equal Rights Trust arguments
A number of third parties also submitted interventions in accordance with Article 36(1) and (2)
of the Convention. The Equal Rights Trust was one of these and argued the following:
Decision
On the preliminary points raised by the Respondent, the Grand Chamber determined that it could
not reconsider cases that the Chamber had held to be inadmissible. It also held that two of the
applicants’ cases were inadmissible due to their failure to exhaust domestic remedies.
However, it found that it did have jurisdiction to hear the cases of six of the applicants. On the
substantive complaints, the Grand Chamber held that there had been a violation of Articles 8, 14
(taken in conjunction with Article 8) and 13 (taken in conjunction with article 8) of the
Convention. It also ruled that Article 46 of the Convention had not yet been sufficiently complied
with and invoked the pilot judgment procedure under Rule 61 of the Rules of Court.
Article 8
There was no dispute that the “erasure” had impacted on the private and family life of the
applicants as protected by Article 8(1). On the question of whether this interference with the
applicants’ Article 8 rights could be justified under Article 8(2), the Grand Chamber noted that
the “erasure” occurred in pursuance to national law contained in the Citizenship Act and Aliens
Act which were accessible to the applicants. However, in order to be “in accordance with the
law” for the purposes of Article 8(2), the law had to be sufficiently foreseeable and accessible.
The Grand Chamber found that this test was not satisfied because the applicants could not have
reasonably expected, in the absence of an express legal clause, that their status as aliens would
entail the unlawfulness of their residence and result in the “erasure”. In addition, the Court held
that, whilst the Legal Status Act of 1999 had partially regularised the situation of the “erased”,

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this was not done until 7 years later and did not go far enough.
Due to the number of people affected, the Grand Chamber took a thorough approach to its
judgment and also considered other matters of potential Article 8(2) justification. It held that the
desire to create a corpus of Slovenian citizens was in the interests of national security and so was
a legitimate aim. However, the interference was not “necessary in a democratic society” as the
Respondent had not ensured that the laws enacted to pursue this aim did not disproportionately
affect the rights of the “erased”.
Article 14
The Grand Chamber noted the importance of the discrimination issue in the case and so, unlike
the Chamber, examined the complaint under Article 14.
It held that, after the declaration of independence, the situation of the “real” aliens and those who
had been citizens of the former federal state (later the “erased”) became at least comparable and
there had been a difference in treatment between the two groups. The Grand Chamber rejected
the Respondent’s arguments that the necessity of forming a corpus of Slovenian citizens justified
any difference in treatment. It considered that the difference in treatment was based on national
origin and that it had not pursued a legitimate aim. Accordingly, the Grand Chamber found a
violation of Article 14 taken with Article 8.
Article 13
The Grand Chamber noted the significant years of hardship that had been faced by the
applicants. It held that the retroactive provision of permanent residence was not an “adequate” or
“effective” remedy for this suffering and that there was, therefore, a breach of Article 13.
Article 46
The Grand Chamber held that, although there have been some shortcomings identified in the
amended Legal Status Act, it would be premature to determine whether the Act has satisfactorily
regulated the status of the “erased”. However, the Grand Chamber did hold that the failure to
award proper financial redress for the years of insecurity was a shortcoming. It invoked the pilot
judgment procedure under Rule 61 of the Rules of Court and ordered that the Respondent set up
an ad hoc domestic compensation scheme within a year of the date of the judgment.

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GROUP 6

JOSEPH KILONZO BLAW/2022/55630

SHANICE AKINYI BLAW/2022/54322

NAOMI CHEPKIRUI(EVENING) BLAW/2022/53824

CAROLINE ATIENO OUMA BLAW/2022/56181

DAVID M MBITI BLAW/2022/53447

MAXINE BLAW/2022/48683

PURITY KAGWIRIA BLAW/2022/52722

STEPHANIE MUNGAI BLAW/2022/53146

SMUGGLING
DEFINITION

Smuggling involves the provision of service typically transportation or fraudulent documents to

an individual who voluntary seeks to gain illegal entry into a foreign country. According to
Article 3[a] of the Protocol against migrants by land, sea and air, supplementing the United
Nations Convention against Transnational Organized Crime, Human Smuggling, shall mean, the
procurement, to obtain, directly or indirectly, a financial or other material benefits, of the illegal
entry of a person into a state party of which the person is not a national or a permanent resident.
Furthermore, this protocol establishes smuggling as the mutual financial agreement, between, the
smuggler and migrant, to illegally transport a person across an international border.

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Human trafficking involves the exploitation of men, women or children for the purpose of forced
labour or commercial sexual exploitation. Trafficking may occur within a country or across
borders. There is a recent international agreement that constitutes ‘’trafficking in persons.’’ The
first agreed definition of trafficking was incorporated in the 2000 protocol to prevent, suppress
and punish trafficking in persons. According to Article 3[a] of the Protocol against Trafficking in
Persons, supplementing the United Nations Convention against Transnational Organized Crime
[UNTOC]
Moreover, the General Assembly Resolution 55/25 of 15th November 2000 defines human
trafficking as the recruitment, transportation, transfer, harbouring or receipt of persons through
threat or use of force or other forms of coercion, abduction of fraud of deception of the abuse of
power or a position of vulnerability or the giving or receiving of payment s or benefits to achieve
the consent of a person having control over another person for exploitation.

Forms of human smuggling and trafficking

There are different types of human trafficking and human smuggling according to what he or she
has been taken to do. They include the following trafficking for forced labour, trafficking for
forced criminal activity, trafficking in women and children for sexual exploitation i.e sex
trafficking, trafficking for the removal of organs i.e organ harvesting and debt bondage

 Trafficking for forced labour

It comes primarily from developing countries meaning they are recruited and trafficked using
deception and coercion and later on find themselves held in conditions of slavery in a variety of
jobs.
They include the following agricultural, mining, fisheries or construction and other labor-
intensive jobs

 Trafficking for forced criminal activity

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This allows a criminal network to reap the profit of a variety of illegal activities without risk
since victims are forced to carry out a variety of illegal activities which in turn generate income.
They include the following theft, drug cultivation, selling counterfeit goods or products or forced
begging [this mostly affects disabled people]

.Sex trafficking

Mostly affect women and children from developing countries and also from vulnerable parts of
society in developed countries. They are lured by promises of decent employment into leaving
their homes and travelling to what they consider will be a better life.
Furthermore, victims are often provided with false travel documents and an organization network
is used to transport them to the destination country where they find themselves forced into sexual
exploitation and held in inhumane conditions and terror

 Organ harvesting

Due to the large number of patients in many countries waiting for a transplant, criminals have
seized the opportunity to exploit the desperation of patients and potential donors. Moreover, the
health of victims and their lives is at risk as the operation may be carried out in clandestine
conditions with no medical follow-up.

 Debt bondage

This mostly affects migrants since they fall victim to forced labour along their journey since
smugglers may force them to work inhumane conditions to pay for their illegal passage across
borders. It should be noted that smuggling can later become trafficking in that migrants may be
forced to do certain things once the smugglers smuggle them to the counties they wish to be
taken or go into.

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FORMS OF HUMAN SMUGGLING

a) Ad hoc smuggling service. Entails the independent organization by the migrant

of his/her journey without prior arrangement with a smuggler or smugglers.
b) Covered smuggling. Smuggling of migrants through the abuse of documents
 Pre-organized stage-to-stage smuggling.

Case studies
NATIONAL
In August 2015 for instance, eighty Ethiopian migrants were arrested while on board a police
lorry in Meru County. [ Daily Nation August 18 2015]

On 9th March 2016 in yet another incident 23 Ethiopian immigrants were arrested while hiding
in a house in Kahawa West within Nairobi County.

INTERNATIONAL
In 2005, in Arizona, more than 300 migrants were arrested, detained, and prosecuted for
conspiring to transport them by paying smugglers for their services.

Achai Wiir Awet is suspected of child trafficking in Uganda. 12 children below 6 months were
recovered from her in Buzinga last week. Her brother Koryom Awet aka K2 was detained at
Kabalagala Police and released on Saturday on bond. He is to help the police investigate and
trace the sister to come into the house without her mothers, who are still breastfeeding. One of
the witnesses informed the police that, Achai always brings such kids and later disappeared
without knowing where they have gone to.
Achai was summoned by the Uganda police through the embassy of South Sudan in Uganda to
come for questions and answers, but she has failed to come to Uganda. The Uganda police have

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taken the children to the Sanyu Babies at Mengo until Acha comes with the birth certificates of
those Kids.

Case laws
Mohammed v Republic
The defendant was a foreign businessman legally residing in Kenya. In May 2016, Defendant
was accused of trafficking eleven persons. The trafficked persons were received by one Kashif
who was to organize their travel to Bangladesh, while other victims were by renting a house and
subletting it to the victim. Eight victims stayed at the Defendant’s house, for which they paid him
10 dollars a day as they awaited Kashif to help them go to Brazil.
The facts, in this case, were identified by the court as evidence of the act of harbouring;
‘In the present appeal the evidence of PW1, PW2, PW3, PW4M and PW6 was the Appellant kept
eight persons in a rented house, for which each person paid him ten dollars per day for
accommodation and food. This evidence points to the act of harbouring persons which is one of
the elements of the offence of trafficking in persons.’
.K.R v Republic

In this case, it was alleged that the accused detained M.C a girl under the age of 15 years, for
sexual exploitation. The evidence adduced by M.C. was that on the night of 18th or 19th June
2008 there were ball games at the school and at this time she met her brother G.T. who was with
the accused. The accused had a motor vehicle and they planned to go to a town called Kapkwen,
and from there to Schangwan. It was alleged that when she entered the motor vehicle the
accused drove it in the opposite direction to his home. She claimed that she slept there for two
nights and had sex with the appellant. She said it was her first-time having sex with a man.
J.K.R., the father of the accused and his brother looked for M.C. when she did not return home
from school. They detained the accused on 20th June 2008 and he directed them to his home
where M.C. was found.
This case was significant because it recognized that the Trafficking in Persons Protocol could
inform domestic offences in Kenya related to trafficking in persons. The appellant court’s
comments regarding establishing the child’s age are important to note. Where it is reestablished

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that the complainant is under the age of 18 years, the Trafficking in Persons Protocol requires
that only an ‘act’ and ‘purpose’ needs to be proven to establish trafficking. Therefore, the was no
need to prove threat, deception, abduction etc to prove a child was trafficked.

National and international law on smuggling

Various laws protect humans from exploitation or even from facing inhumane conditions both
nationally and internationally, they include the following;

NATIONAL
According to article 28 of the Kenyan constitution that is human dignity every person has
inherent dignity and the right to have dignity and be respected and protected.

Moreover, according to article 29, a, f freedom and security of person

Every person has the right to freedom and security of the person, which includes the right not to
be;
 Deprived of freedom arbitrarily or without just cause;
 Treated or punished in a cruel, inhumane or degrading manner.

In addition, according to article 30 of the constitution that is Slavery, servitude and forced
labour:
 A person shall not be held in slavery or servitude
 A person shall not be required to perform forced labour

Furthermore, according to the Counter Trafficking in Persons Act section 3

Trafficking in persons. A person commits the offence of trafficking in persons when the person
recruits, transports, transfers, harbours or receives another person for exploitation using—
(a) threat or use of force or other forms of coercion
(b) abduction
(c) fraud

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(d) deception
(e) abuse of power or position of vulnerability
(f) giving payments or benefits to obtain the consent of the victim of
trafficking in persons
(g) giving or receiving payments or benefits to obtain the consent of a
A person having control over another person.

INTERNATIONAL
According to the Universal Declaration of Human Rights of 1948 article 4 states that no one
shall be held in slavery or servitude, slavery and trade shall be prohibited in all their forms.

Moreover, according to the Covenant on Civil and Political Rights of 1966 article 8 states that:
 No one shall be held in slavery and the slave trade in all forms shall be prohibited
 No one shall be held in servitude
 No one shall be required to perform forced or compulsory labour

In addition, The Declaration on the Elimination of All Forms of Discrimination against Women
of 1993 which defines violence against women to include rape sexual assault, sexual harassment
and intimidation at work in educational institutions and elsewhere, trafficking in women and
forced prostitution.

Furthermore, The Convention on the right of the Child of 1989 states that state parties must take
all appropriate national, bilateral and multilateral measures to prevent the abduction of the sale of
or traffic in children for any purpose or in any form.

According to The Convention on the Right of All Migrant Workers and Members of their
Families of 1990 article 3 states that no migrant worker or member of his or her family shall be
held in slavery or servitude or required to perform forced or compulsory labour.

Distinguish between smuggling and trafficking

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 Smuggling involves the provision of service typically transportation or fraudulent

documents to an individual who voluntary seeks to gain illegal entry into a foreign
country while trafficking involves exploiting men, women, or children for the purpose of
forced labour or commercial sexual exploitation.

 Smuggling is voluntary since generally they have chosen to make the trip themselves for
several reasons and they may include fleeing violence or poverty while trafficking is
involuntary since traffickers use force and coercion to get someone to sell sex or work in
exploitative conditions.

 Smuggling involves movement and transportation. Furthermore, smuggling happens

across borders while trafficking does not necessarily involve movement or transportation
at all since a person can be trafficked in their very own home i.e. anyone who is under the
age of 18 years who is involved in sex for profit is considered a trafficking victim,
regardless of the presence of force, fraud coercion. it should be noted that it is
exploitation based

 Smuggling may be affected by policies related to border enforcement while trafficking

would not be affected.

 Perpetrators_ Smugglers may be opportunistic individuals, organized criminals, the

migrant’s own family or friends or others but only where they act for financial or other
material benefits. Traffickers may be organized criminals, the victim’s own family or
friends or others.

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DURABLE SOLUTIONS

GROUP: 7 (SEVEN)

MEMBERS REGISTRATION SIGNATURE

NUMBER
SKEM S EDWIN BLAW/2022/50535
FAITH BIYAKI BLAW/2022/52868
TITUS GITONGA BLAW/2022/52399
JOY FINOTA BLAW/2022/52061
WAMALWA
EDITH KANANA BLAW/2022/53283

DANIEL WANYOIKE BLAW/2022/52868

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DURABLE SOLUTIONS
CHAPTER ONE

GENERAL INTRODUCTION

1.1 Definition of durable solutions

Durable solutions are means by which the situation of refugees can be satisfactorily and
permanently resolved to enable them to live normal lives.

1.2 Legal basis for durable solutions for refugees

The international community has since recognised durable solutions for refugees such as
voluntary repatriation, resettlement and local integration under the provisions of the 1950 Statute
of the Office of United Nation High Commission for Refugees, the 1951 Convention relating to
the Status of Refugees ( hereinafter referred to as 1951 Convention) and its 1967 Optional
Protocol relating to the Status of Refugees ( hereinafter referred to as 1967 Optional Protocol) .
Also, the constitution of Kenya provides that "general rules of international law shall form part
of the law of Kenya" and that "Any treaty or convention ratified by Kenya shall form part of the
law of Kenya under the constitution."

The cornerstone of the 1951 Convention is the principle of non-refoulement. According to this
principle, “a refugee should not be returned to a country where he or she faces serious threats to
his or her life or freedom.” Besides the convention provides that the benefit of the non-
refoulement principle may not be claimed by a refugee ‘whom there are reasonable grounds for
regarding as a danger to the security of the country ... or who, having been convicted by a final
judgement of a particularly serious crime, constitutes a danger to the community of that
country’. This means in essence that refugees can exceptionally be returned on two grounds:- in
case of threat to the national security of the host country; and in case their proven criminal
nature and record constitute a danger to the community. The various elements of these extreme
and exceptional circumstances need, however, to be interpreted. The High Court in the case of
Kenya National Human Rights Commission & another versus Attorney General & 3 others held
that the Government of Kenya had violated non refoulement principle which it is obligated to

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when it issued a directive to close Dadaab refugee camp with an aim to forcefully repatriate the
refugees therein back to their country of origin- Somalia on undemonstrated ground that they
were a threat to national security. The court observed that;

“In the present case, there is no clear evidence of involvement of crime and conviction.
It is alleged that the refugees are a threat to public security and that the refugee camps
have become breeding grounds for criminal activities. No single arrest or conviction has
been cited nor has it been established why a blanket condemnation should be applied to
all refugees nor is it clear why the government with its capable and mighty state
machinery has not been able to identify any refugees involved in crime and prosecute
them instead of mounting a blanket condemnation at the risk of punishing minor children,
women and innocent persons.”

Furthermore the 1951 convention is clear on the process of assimilation and naturalisation of
refugees by contracting states.

1.3 Determination of achievement of durable solutions

In 2005 United Nations adopted the report of the Special Rapporteur Paulo Sergio Pinheiro on
Housing and Property Restitution for Refugees and Displaced Persons hereinafter referred to as
Pinheiro Principles, which spell out eight criteria that may be used to determine to what extent a
durable solution has been achieved.

The Pinheiro principles provide the following criteria of determining a durable solution for
refugees and internally displaced persons long term safety and security; adequate standard of
living without discrimination; adequate livelihood and employment; effective and accessible
mechanism to restore housing, land and property; access to personal and other documentation
without discrimination, family reunification, participation in public affairs without discrimination
and access to effective remedies without discrimination.

In 2010 the Inter Agency Standing Committee of the United Nations Secretary General’s High
Level Panel on Internally Displaced Persons adopted the framework on durable solutions for

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internally displaced persons which provide a better understanding of durable solutions.
According the said framework a durable solution is achieved when internally displaced persons
no longer have any specific assistance and protection needs that are linked to their displacement
and can enjoy their human rights without discrimination on account of their displacement. It can
be achieved through: sustainable reintegration in their place of origin (return); sustainable local
integration in the places where IDPs take refuge (local integration); or sustainable integration in
another part of the country (settlement elsewhere). The search for durable solutions is a gradual,
long-term process of reducing displacement-specific needs and ensuring the protection of human
rights without discrimination. A complex process that addresses human rights, humanitarian,
development, reconstruction and peace-building challenges; and a process requiring the
coordinated and timely engagement of different actors.

It is clear from the foregoing disposition that through durable solutions refugees are able rebuild
their lives and live in safety as the ultimate outcome of international protection. Speaking from
Davos to BBC news night Secretary General of the United Nations Koffi Annan as he then was
said; “we have a responsibility to assist refugees. They have rights.” Annan is further quoted
having said that; “neither border closures will provide durable solutions to the influx of the
migrants into Europe. The effective management of migration will require humane policies that
afford legal pathways to entry.”

The core mandate of United Nations High Commission for Refugees hereinafter referred to as
UNHCR vide the above mentioned conventions and explanation is to coordinate with states and
partners in ensuring realisation of durable solutions for refugees as hereunder

CHAPTER TWO

VOLUNTARY REPATRATION
Is the return of refugees to their home country, of their own free will once the conditions have
become safe. Returning is not easy, it takes time for countries to rebuild and repair infrastructure
and restore safe conditions and system of governance. Returnees require assistance for sometime

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after their arrival. Returnees are assured of their social, physical and legal protection. Groups that
may have been in conflict may also require assistance to do with this transition. United Nations
Commission for Refugees assist refugees with the process of returning and help them to rebuild
their lives in their homelands.

Kenya is an example of the countries hosting high number of refugees for over two decades and
it is currently second largest receiving African countries after Ethiopia. Government of Kenya as
well as UNHCR consider that voluntary repatriation of refugees is the most desirable solution
when conditions for voluntary repatriation in country of origin are met.

Voluntary repatriation is a solution of choice for vast majority of refugees. This implies the
restoration of national protection to obviate the need for international protection and through the
reintegration process, ability to maintain sustainable livelihoods access basic services and fully
reintegrate into communities and country of origin.

It is key to ensure that refugees when making the decision of returning to their country of origin
are doing it without external pressure or lacking relevant information on the prevailing security
condition in country of origin.

The government pursue efforts to establish a legal framework for voluntary repatriation through
tripartite agreement with the government of the country of origin and UNHCR to facilitate the
process of voluntary return to their countries.

The government through the ministry of interior and coordination of national government shall
take steps for voluntary repatriation conducted in a safe and dignified manner per the relevant
convention.

The 1969 OAU convention and respecting fully the terms of the Tripatitev Agreement was
signed between the government of Somalia Kenya and UNHCR.

A Tripartite Agreement shall provide for but not be limited to:

 Procedures by which a refugee shall make an application for voluntary repatriation.

 Cross boarder coordination and monitoring returnees.

 Procedure enabling the returnee to take away any movable property acquired during

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asylum in accordance with any written law.

 Procedure on the fair and adequate compensation on immovable property acquired during
their asylum in accordance with written law

 Procedure for surrender of any travel documents, identity cards permit or any document
je or she acquired by virtue of being a refugee.

Since the beginning of the pilot project to support spontaneous returns of Somalia in December
2014 close to 83000 Somalia refugees have been assisted to return home.

Most refugees returning to Baidoa ,Kismayo and Mogadishu return by air also started in 2015 to
Mogadishu.

2.1 UNHCR: Examples of Refugee Repatriation

• Mauritania – UNHCR has resumed its repatriation operation for Mauritanian refugees From
Senegal. Voluntary repatriations from Senegal to Mauritania were suspended in December 2009
pending a tripartite meeting of the two countries with UNHCR that took Place in July 2010.
UNHCR was planning weekly convoys to transport approximately 2,500 refugees home by the
end of 2010.

• Great Lakes Region – UNHCR has promoted voluntary repatriation as part of the durable
Solutions for Congolese, Rwandan and Burundian refugees. While observing the evolving
diplomatic situation between Rwanda and DRC as well as security conditions in each of these
countries, the return of 52,000 Congolese refugees could become possible along with the
effective return of approximately 10,000 Rwandan refugees, through the Provision of return
packages and a well devised plan for reintegration activities.

• Afghanistan – In 2008, the Afghan Government and UNHCR organized an International

Conference on Return and Reintegration of Afghan Refugees to pledge support for the
sustainable return of Afghan refugees from neighbouring Iran and Pakistan. During the
Conference, the Afghan Ministry of Refugees and Repatriation highlighted the need to
strengthen reintegration programmes for returnees in the sectors of land, shelter, water,

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sanitation, education, health care and livelihood.

• Tajikistan – UNHCR supports the newly established Refugee Department under the Ministry of
the Interior of Tajikistan. The Office will facilitate the voluntary repatriation of Afghan refugees
and their transit through Tajik territory as part of a larger comprehensive Panel of solutions and
joint activities to ensure protection within mixed flows.

• Sri Lanka – UNHCR has taken action to facilitate the voluntary repatriation of Sri Lankan
Refugees from India. In 2010, UNHCR’s strategy focused on the voluntary return of IDPs
Including return assistance in the form of non-food items, basic shelter support and Coordination
with governmental and other actors. Sustainability of the return is insured By the implementation
of Quick Impact Projects (QIPs) to reconstruct community Infrastructure, rebuild community-
based organizations and provide livelihood Opportunities.

CHAPTER THREE

RESETTLEMENT
Involves the identification and transfer of refugees from a state in which they have sought
protection to a third state which has agreed to admit them as refugees with permanent residence
status. It’s regulated by strict criteria policies and processes can only benefit a very small
percentage of refugee population 1 percent every year.

Refugees do not have a right to be resettled to a third country. Final decision to accept a refugee
for resettlement is taken by the authorities of this country of resettlement and not by
UNHCR.Italy Resettlement of a Group of Eritrean Women Detained in Libya In 2007, the Italian
Government responded positively to the call of UNHCR to resettle

36 refugees, mostly women, selected from among approximately 600 Eritreans were living in the
detention centre of Misratha, in Libya. Each of these women had been victims of violence,
including sexual abuse, during their flight from Eritrea through Sudan to Libya, and could not
obtain international protection in Libya, as they were under threat of being forcibly repatriated.
Most of the women who arrived remained in the programme and successfully integrated into
Italian society, thus making the programme a model for receiving groups with specific protection
needs. Some individuals who arrived with the first group left Italy and travelled irregularly to

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other countries to reunite with family members, thereby illustrating the importance of managing
the expectations of refugees and providing them with information about the resettlement country
before they are resettled.

CHAPTER FOUR

LOCAL INTERGRATION
National authorities responsible to deal with refugees are encouraged to promote the
implementation of measures to facilitate the local integration of refugees in the country of
asylum.

Many refugees are not able to access refugee camps and or live safely in their home country.
Consequently they are forced to make a permanent home for themselves in another country
where they can find safety, shelter and make a living. Thence local integration occur when
refugees seek to attain rights similar to those enjoyed by citizens of the country in which they
have sought refuge without fear of systematic discrimination, intimidation or exploitation by
authorities or people of asylum country. Some but not all are able to gain citizenship of the host
country.

The 1951 convention and its protocol provides in its article 34 a provision establishing that
contracting states shall as far as possible facilitate the assimilation and naturalization of refugees.
In Kenya the ministry of interior and coordination of National Government is responsible for the
establishment of criteria to enable local integration of refugees in line with the constitution and
any written laws in Kenya.

Subsequently refugees are able to apply for naturalization in accordance with the criteria set up
in relevant national laws constitution article 14(4) ,15(1) and (2) as well as citizenship and
immigration Act of 2011 article 11,13,36 and 37. It is considered that a refugee is fully integrated
into the asylum country when he or she becomes a citizen through naturalization.

UNHCR and its main government counterpart, the ministry of interior and coordination of

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national government are exploring concrete way to gradually transform the current Kenyan
encampment policy towards a policy of settlement option in designated areas.

The policy facilitates economic, social and integration with the host community and will
guarantee the development of remote areas for instance Garissa and Turkana counties. Such
policies are Kaleboyi Integrated Social Economic Plan (KISEDP) for Turkana west launched in
2018.

This policy benefits the host community in the long term, once refugees have been successfully
integrated, or found another durable solution.

The government both at National and county level endeavours to attain "Development through
local integration” of refugees in recognition of the fact that refugees can be agents of
development.

 To achieve the above the government shall endeavour to:

 Avail resources especially land to refugees.

 Ensure that refugees access work permit and can work anywhere in Kenya in accordance
with the country's existing labour laws.

 Mobilise resources both internationally and externally to support local integration.

 Take measures to ensure a harmonious coexistence between the refugees and the host
community.

 Coordinate the process of local integration among government agencies and with other
stakeholders including community

 Facilitate the acquisition of Kenya citizenship by resignation notably through a reduction

of the fees.

4.1 Panama Regularization Law and Public Awareness Programme2008 – 2010

According to Law 25/2008, refugees and persons granted political asylum that held Refugee
status for 10 years or more at the time the law entered into force may apply for permanent
residency status. Permanent residents have the right to apply for naturalization after five years

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(or after three years if they have Panamanian children).

The law accordingly opens opportunities for refugees to integrate fully into society. Prior to the
enactment of the law, refugees and their families only had temporary status Which impeded
integration. The law will only be in force for a period of two years until November 2010, unless
it is renewed or replaced by similar legislation.

A joint information brochure, published by the Ombudsperson’s Office and UNHCR, Helped to
enhance awareness of this opportunity amongst the refugee community.

4.2 Tanzania: Burundi Naturalization, A Model for Local Integration and Durable
Solutions For Protracted Refugees 2008.

Naturalization of Burundian refugees was introduced by the Government of Tanzania as part of a

comprehensive solution strategy. Burundian refugees who sought refuge and had been Resident
in Tanzania since the 1972 crisis in Burundi were given the option of either returning home or
obtaining citizenship in Tanzania. The initiative, which was introduced in 2008 by the
Government of Tanzania, foresaw the implementation of a massive naturalization programme for
160,000 Burundian refugees. The naturalization programme has been commended by the
international community as a remarkable step in finding solutions for one of Africa’s longest
staying refugee population. While the naturalization process is now completed, the relocation
and reintegration of the newly naturalized Tanzanians elsewhere in the country has not yet
started. It will require significant efforts by the Government, UNHCR and other partners, as well
as donor Support.

CHAPTER FIVE

CHALLENGES AND OPPORTUNITIES

The first challenge is that none of the three durable solutions – voluntary repatriation, local
integration and resettlement – have binding legal basis in International Refugee Law. The core
documents do not contemplate mandatory norms regarding durable solutions; they are, thus,

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neither rights nor obligations.

The discretion of states in terms of durable solutions brings difficulties for the protection of
refugees concerning access to rights. The pathway out is to bring International Refugee Law and
human rights closer can: if binding protection by means of durable solutions in International
Refugee Law is lacking, such obligation is abundant in International Human Rights Law,
especially in relation to economic, social and cultural rights, which ensure access to services and
rights and must be implemented for refugees as well as to any human being; especially
considering that States do have obligations to any person under their jurisdiction.

The lack of international cooperation for the protection of refugees is the second challenge for
durable solutions. The majority of refugees 86% live in developing countries. This combined
with the fact that 95% are in neighbouring countries, shows that the distribution of the “burden”
of refugees is unequal. The impact on developing countries is disproportionate numerically
speaking, and in relation to their own existing infrastructure. On the other hand, countries that
could receive a larger number of refugees, for example via resettlement, seem unwilling to share
the responsibility: as “only 1% of the world’s refugees are submitted for resettlement
consideration every year, and only about 10% of the refugees in need of resettlement are
accepted”.

Also in the issue of cooperation, States need to contribute to resolving persisting conflicts – such
as in Colombia, Afghanistan, Iraq, Sudan and Syria. These conflicts make the implementation of
voluntary repatriation impossible, as it can only be achieved when countries of origin are capable
of offering protection to returnees.

A way out of this challenge would be to strengthen the concept and practice of responsibility
sharing: to encourage and enhance international cooperation to solve a problem which is global.
In light view of the above the role of international institutions is relevant.

The strengthening of international institutions is both the third challenge for durable solutions
and an opportunity to improving them. International institutions are important as they help in
refugee protection in two ways: First, is through international cooperation, International
Organisations are required to divulge the relevance of the refugee issue, the importance of local
actions and the enshrined right of refugees to receive international (integral) protection.

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Moreover, private institutions can contribute to the implementation of durable solutions and need
to be inserted into the logic of humanitarian protection, not only by investing in the development
of host communities that often have infrastructure problems, but also by acting directly and
assisting in the inclusion of refugees in local societies. The second aspect results from perceiving
norms as institutions. In the present scenario, rules of International Refugee Law have emerged
mainly regionally, which could lead positively to proposals for durable solutions suitable for
each region; but this needs to be complemented by advancements that have universal reflexes.

The strengthening of integral protection in countries of refuge is the fourth challenge. Integral
protection of refugees will only be possible if access to adequate procedures for determining
refugee status and access to all the rights that refugees are entitled to – either as refugees or
human beings (through human rights) – are combined. There are two main opportunities to face
this challenge: public policy and development.

Refugees need to be included in public policies that aim to implement human rights in general,
and it is also necessary to create specific policies that take into account the peculiarities of people
while they are refugees. Issues of numbers (whether too high or too low) or participation in the
political processes of host societies may arise and need to be tackled through an optic of
inclusion and human rights.

Moreover, it is necessary to improve the development of host communities. Countries that

receive large numbers of refugees should be assisted by the financing of the basic and immediate
needs of refugees, followed by the financing of development actions in local communities. This
would provide access to effective and durable solutions and empowerment not only to refugees
but also to host communities, thus generating a better balance for the integral protection of
refugees and for the implementation of human rights in general. Such logic would promote the
consolidation of local integration as well as its strengthening as a preferred solution in a scenario
where the return to countries of origin and resettlement places is far from the ideal.

A final challenge relates to the implementation of possible improvements. Writing on refugee

camps, Jeff Crisp identifies five challenges of implementation that can be applied analogously in
an analysis of durable solutions:

 The support of host countries to amendments or new approaches to durable solutions,

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which is a matter of international cooperation and political will.

 The participation and persuasion of other actors to financially support areas that receive
refugees, benefitting host communities and refugees, thereby enabling empowerment
through access to rights – especially social rights – and not based only on assistance;

 Convincing the local community to accept the enduring presence of refugees, which
wouldn’t be a problem if the mentioned empowerment-logic is adopted;

 The sense that it is necessary to adapt solutions to specific vulnerabilities and different
protection needs of individuals and/or certain groups; and

 UNHCR’s actions in light of a complex migration scenario.

CHAPTER SIX

3.1 CONCLUSION
In a nutshell one can see that the challenges are relevant. However the approximation to
International Human Rights; enhancement of international cooperation; strengthening of
international institutions, whether in relation to Organizations or norms; reinforcement of the
idea that the refugee question is a global issue and universal measures must be adopted,
including actions to improve the integral protection of refugees in host communities; inclusion of
refugees in the elaboration of public policies in host communities; assistance by the international
community to countries of refuge in their development, including by the private sector; and
adoption of a logic that the refugee issue must be confronted by global measures, may be
regarded as available opportunities to face such challenges and improve durable solutions.

INTERNATIONAL ORGANIZATION FOR MIGRATION (IOM)

Role of IOM on internally displaced persons (IDPs) protection.

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The role of the International Organization for Migration in the protection of internally displaced
persons is divided into six areas;

 Emergency assistance

 Provide emergency assistance including managing camps, providing emergency shelter,

distributing food and non-food items, and providing health assistance.

 Support or assist inter-agency contingency planning in emergencies.

 Support national or local authorities in developing policies and programmes to reduce or

prevent displacement and advocate for improved conditions for internally displaced
persons.

 Assist in the relocation of internally displaced persons from high-risk to protected areas.

 Activities during displacement

 Monitor evolving internally displaced person situations, including protection and

assistance concerns.

 Undertake needs assessment surveys amongst internally displaced persons and host
populations to identify priority areas for implementing reproductive health programmes
including HIV/AIDS prevention projects.

 Rehabilitate or strengthen the capacity of local primary health care services to be able to
deliver adequate services to meet the increased demands created by displaced
populations.

 Assist in the establishment and management of mental health and psycho-social support
programmes.

 Provide advice or technical assistance for property restitution or compensation

programmes.

 Return Preparation

 Support and strengthen local authorities’ capacity for population resettlement,

stabilization and socio-economic reinsertion of internally displaced persons through

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community participation.

 Prepare movement plans for road reconnaissance, rapid rehabilitation of secondary access
routes.

 Assist internally displaced persons for voluntary return to areas of origin or areas of
choice organized based on internally displaced person registrations and vulnerability
criteria if applicable.

 Sensitize displaced persons and host or return communities on return issues and provide
them with assistance kits.

 Undertake health assessments, referrals for treatment, and movement assistance in

providing medical escorts for the most vulnerable.

 Provide safe and dignified transport with international organizations for migration staff
escorting trucks.

 Organize and operate transit centres for internally displaced persons that provide warm
meals and safe accommodation in winterized shelters with potable water, sanitation
facilities and health services in a secure compound.

 Livelihood development and reintegration

 Assist vulnerable, excluded and minority groups including women and demobilized
soldiers in reintegration.

 Provide community assistance, reintegration and rehabilitation support to internally

displaced persons and host communities, including assistance packages on return.

 Support for regional stabilization of returns micro-credit projects.

 Provide technical assistance for starting or expanding small enterprises and cooperatives

 Support confidence and peace-building measures and reconciliation activities to create

co-existence between communities to promote sustainable return and reduce or eliminate
future displacement; sensitization of communities of absorption.

 Support and set up demobilization and reintegration programmes.

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 Capacity building

 Strengthen the role and capacity of national authorities to address internally displaced
person needs including developing a migration tracking system.

 Implement workshops and training in conflict resolution and conciliatory efforts

including the organization and development of productive processes and rehabilitation
and construction of infrastructure.

 Advice and assist national authorities and other interested parties on the technical aspects
and requirements of claims programmes that provide for property restitution or
compensation to internally displaced persons; help kick-start such programmes that
address large-scale human rights abuses as part of a country’s rehabilitation and
reconciliatory efforts.

 Strengthening political rights.

 Assist governments, electoral management bodies, internally displaced persons assistance

organizations, civil societies groups and other representatives of the international
community to improve the capacity of internally displaced populations to participate in
the political life of their countries and territories through their inclusion in electoral
processes.

 Implement training which provides advice and guidance on the legal frameworks and
procedural mechanisms that can best protect the voting rights of internally displaced
electorates.

 Provide national and international stakeholders working in the fields of electoral

programming and migrant services with assessments that identify problems for internally
displaced person enfranchisement and make recommendations on legislative and
operational assistance and take coordinated action to address the electoral participation of
internally displaced persons.

Role of International Organization for Migration on refugee protection.

In Kenya, IOM serves as a refugee resettlement hub in Africa providing coordination and

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assistance for resettlement in Sub-Saharan Africa.

WORLD FOOD PROGRAM

Role of World Food Programme on refugee protection in Kenya

 General Distribution of food to refugees living in camps.

 Complementary feeding for the first 1,000 days after conception for refugees in camps.

 Treatment of acute and chronic malnutrition for refugees in camps.

 Nutrition support to refugees living with chronic diseases.
 Institutional feeding, school meals, and food for training for young people.

GROUP 2

ASSIGNMENT: UNITED
NATIONS OFFICE ON DRUGS AND
CRIME RESPONSE TO HUMAN TRAFFICKING

NAME REGISTRATION NUMBER

DAVID ALEX WACHIRA BLAW/2022/56357
LIAN KENDI BLAW/2022/49496
LYNETE NDUKU BLAW/2022/52308
MAXWELL NJIHIA BLAW/2022/53844
RACHEL WATHIMBA BLAW/2022/43871
TRACY MBUGUA BLAW/2022/53480

What is the United Nation Office on Drugs and Crimes?

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It is an organization that is actively involved in the fight against illicit drugs and international

crime. It strives for the eradication of these crimes through the dismantling of the criminal

enterprises that trade in people and the conviction of the perpetrators.

They do this by:

 Delivering expertise. This involves the organization helping nations in developing and

reviewing their policies to ensure human trafficking is eradicated.

 Formation of partnerships with the various stakeholders and support investigations into

trafficking crimes.

 Training and mentoring people who are regarded as the instruments that will lead to the

apprehension, prosecution and conviction of the traffickers.

 Offering model laws which are used for the training, research and policy reform purposes

that ensure all policies are up to date and in line with the current happenings.

How do they do they respond to human trafficking?

They assist in helping nations to ratify and implement the UN Protocol on Trafficking in Persons.

The response that they offer is transnational, multifaceted and interrelated. They do so by giving

authority powers to prevent human trafficking and prosecute the perpetrators through the

International Court of Justice.

They identify and protect the victims through The United Nations Voluntary Trust Fund for

Victims of Human Trafficking Especially Women and Children which provide emergency

humanitarian and comprehensive support to survivors including shelter, medical aid, legal

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support, vocational training, psychosocial counselling and other necessary empowerment for

personal autonomy.

There is also The Blue Heart Campaign raises awareness around the globe of human trafficking

and its impact on people and society. The proceeds of this campaign go to the UNVTF to help

those who have been affected.

Lastly, there is The Strengthening Transregional Action and Responses against the Smuggling of

Migrants (STARSOM) project which is seen to only be in action for two years that is between

the years 2021 to the year 2023. It seeks to counter migrant smuggling and promote the lives and

rights of migrants across routes leading to North America. This funded by the government of

Canada. STARSOM’s actions may include:

 Promote the full implementation of the United Nations Smuggling of Migrants Protocol

 Increase knowledge of the current trends in the trans regional migrant smuggling

operations

 Train law enforcement and criminal justice officials to detect, investigate, prosecute and

dismantle migrant workers networks

 Promote monitoring and coaching during on-going investigations into migrant smuggling

cases

 Facilitate the exchange of information on migrant smuggling flows between the migrant

countries.

 Strengthen the operation between the judicial authorities on an international level.

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UNHCR as an actor in regards to refugees

 It has partnered with the government of Kenya and the IOM to facilitate the
implementation of the 10 point agenda
 provide secure ,reliable flexible it cost effective services for persons who require
international migration assistance.
 it has enhanced the humane and orderly management of migration and the effective
respect for the human rights of migrants.
 it offers expert advice research and operational assistance
 It assists states to facilitate the integration of migrants in their new environment.
 It gives resettlement programmes and provide movement assistance to refugees accepted
to third countries resettlements
 UNHCR seeks durable solutions to refugees’ plight, by helping them repatriate to their
homeland if conditions warrant, or by helping them to integrate in their countries of
asylum or to resettle in third countries.

SCHOOL OF LAW

DEPARTMENT OF PUBLIC LAW

PARKLANDS LAW CAMPUS

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GROUP 3 PRESENTATION

(DAY)

INTRODUCTION TO FORCED MIGRATION

LECTURER: MR. MOYOMBA

(CAT 2)

GROUP 3 MEMBERS

 AKEYO WARDA SADIQUE BLAW/2022/54142

 DAVINA MORAA NERIKO BLAW/2022/55217
 JOB OGATO BLAW/2022/53713
 RICHARD NEHEMIAH BLAW/2022/55709
 ONYANGO YVETTE ANGEL BLAW/2022/50410

RED CROSS SOCIETY

Since the early 1990s, Kenya has hosted nearly half a million refugees. Most are from
Somalia, South Sudan, the Democratic Republic of the Congo, Ethiopia, and other neighbouring
countries. Large numbers live in camps in Kakuma and Dadaab, with many others living in urban
centres like Nairobi. Despite instances of refoulement, restrictions, and repeated threats from the
government to shut down camps and deny other rights, large numbers of asylum seekers in the
region have been able to find refuge in the country. However, many lack access to essential
services, and most cannot move freely, severely impacting their ability to work. However, the

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government has not carried through their threat of closing down the Dadaab Refugee Camp.
Refugees International has called upon the government of Kenya, international organizations,
NGOs, and the private sector to facilitate refugee economic inclusion and improve everyday life
for Kenyans, which will alleviate many protections issues refugees face. Kenya should pursue a
refugee response that prioritizes the human rights of refugees, working to improve their access to
health care, education and livelihood opportunities. This will allow both refugees and their
Kenyan hosts to thrive.

The Kenya Red Cross is one of the many International Red Cross and Red Crescent
Movement societies around the world. The Kenya organisation was established in 1965, The
Kenya Red Cross supports and runs a number of projects whilst raising awareness to the Kenyan
public about the current issues or problems which may affect them. Some of the projects which
are either run by or assisted by the Kenya Red Cross are Famine, blood services, first aid
projects, disaster and emergency services and education services. The patron of the Kenya Red
Cross is Uhuru Kenyatta, President of Kenya. A council administers and performs a limited
number of duties, and is made up of the Secretary General and twelve voting members. All other
responsibilities are held by the Board which consists of 16 persons. Laws of Kenya CAP. 256
KENYA RED CROSS SOCIETY. An Act of Parliament t

Kenya Red Cross has had a presence in Turkana since 1992. The Society has since
offered the RFL (Reunification and Family Links) and child protection services. It has also
responded to humanitarian disasters such as disease outbreaks, drought, flash floods, fires.
Moreover, Kenya Red Cross works with the government to strengthen health systems through
capacity building, human resource support and drugs and commodity support. In 2016, through
Kenya Red Cross, the facility began as a temporary tented structure acting as an improved
dispensary that offered Out-Patient services and referral services. With funding from UNHCR
and leveraging on experience gained from the Dadaab refugee operation - working with the
ministry of health, emergency responses in Kenya and lessons from disease outbreaks responses
in Congo (Ebola) and capacity development from ICRC and IFRC - Kenya Red Cross set up a
level 2 facility, at the Kalobeyei settlement under KISEP. From 2017 to date, the Society has

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been supporting the asylum seekers and stranded refugees along the Western flight corridor and
border points of Migori, Busia, Kisumu, Malaba, Bungoma, and any other point of collection
within the Rift Valley and entire Western Kenya to Kitale for onward facilitation to Kakuma
refugee camp for refugee status determination and registration by Refugee Affairs Secretariat,
currently Department of Refugee Affairs.

In 2016, through Kenya Red Cross, the facility began as a temporary tented structure
acting as an improved dispensary that offered Out-Patient services and referral services. With
funding from UNHCR and leveraging on experience gained from the Dadaab refugee operation -
working with the ministry of health, emergency responses in Kenya and lessons from disease
outbreaks responses in Congo (Ebola) and capacity development from ICRC and IFRC - Kenya
Red Cross set up a level 2 facility, at the Kalobeyei settlement under KISEP.From 2017 to date,
the Society has been supporting the asylum seekers and stranded refugees along the Western
flight corridor and border points of Migori, Busia, Kisumu, Malaba, Bungoma, and any other
point of collection within the Rift Valley and entire Western Kenya to Kitale for onward
facilitation to Kakuma refugee camp for refugee status determination and registration by Refugee
Affairs Secretariat, currently Department of Refugee Affairs.

The Kalobeyei health facility (Natukobenyo Health Centre) has transformed over the
years and in 2022, was upgraded to a level 3 facility. The facility offers 24-hour out-patient
services, inpatient BEMONC (basic emergency obstetric and new-born care), isolation services,
night hours accommodation of survivors of GBV and vibrant patient referral services for patients
who require inpatient services not covered above. The target population is approximately 43,000
refugees and asylum seekers and 10,000 beneficiaries from the host community.

Every year, thousands of family members are separated by conflicts, natural disasters and
migration. People suffer terribly when they lose contact with their loved ones and don’t know
where they are or whether they are safe. Under international humanitarian law and international
human rights law, families who are separated by conflicts, other situations of violence and
natural disasters have the right to know what has happened to their relatives. The Kenyan Red

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Cross, in partnership with the ICRC, continues to carry out tracing activities to restore family
links at Kakuma refugee camp. Refugees who live there use a free mobile phone service to
contact relatives and keep in touch with them. There are more than 120,000 people from different
nationalities living in the camp. Although most of the refugees living in the camp come from
Somalia and South Sudan, there are many others who have fled from Ethiopia, Burundi, the
Democratic Republic of the Congo, Eritrea, Uganda, and Rwanda, among others. Today, the
camp population stands at over 124,000 refugees, for a theoretical capacity of 50,000. It was
originally established in 1992 to serve Sudanese refugees. Every day, Kenya Red Cross
volunteers facilitate around 400 people to call their relatives in different parts of Africa and
beyond in order to keep family ties. More than twenty Kenya Red Cross volunteers help refugees
in the camp to restore the links with their families through mobile phone calls. Putting people
back in touch with their loved ones is a major challenge for the ICRC and the Kenya Red Cross.
The work includes locating people, exchanging messages, reuniting families and seeking to
clarify the fate of those who remain missing.

GROUP 6

SHANICE AKINYI BLAW/2022/54322

NAOMI CHEPKIRUI(EVENING) BLAW/2022/53824

CAROLINE ATIENO OUMA BLAW/2022/56181

PURITY KAGWIRIA BLAW/2022/52722

STEPHANIE MUNGAI BLAW/2022/53146

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Refugee Consortium of Kenya.

Refugee Consortium of Kenya (RCK) is a Non-Governmental Organization, with a mission to

promote and protect the rights of refugees, asylum seekers, and other forced migrants in Kenya
and the wider East African Region through provision of legal aid, psychosocial support,
advocacy, capacity strengthening and promotion of inclusive governance. It was established in
1998.
RCK works closely with Refugee Affairs Secretariat, the government agency that is responsible
for refugee management in Kenya, including recognition of refugee status. RCK strives to ensure
that support is provided to asylum-seekers on issues that affect their protection, particularly
access to asylum. RCK is joined by many partners from around the globe all collaborating to find
applicable solutions for refugees. Some of these partners including the UNHCR, Australian
Embassy, Danish refugee council and many others.

Goals or purpose of Refugee Consortium of Kenya.

The overarching goal of RCK is to "Promote and protect rights and dignity of refugees, asylum
seekers, and other forced migrants" by:
 Protecting the basic needs of forced migrants by collaborating with other organizations
to provide necessary resources. The main organization RCK works alongside is UNHCR.
UNHCR is largely in charge of running the refugee camps in Kenya, such as Dadaab and
Kakuma. RCK main goal within refugee camps is to aid individuals who are seeking
refugee status by sitting in with them as legal assistance on the Status Determination
Process (SDP) interview.
 Helping Stateless person apply and gain citizenship by aiding them through the process
and informing them on their rights. The main avenue RCK uses to support refugees is
through litigation. RCK lawyers defend not only refugees, but also asylum seekers, and
returnees. The lawyers represent them in many situations such as, application for
“refugee” status or as an asylum seeker, protecting their rights once status is gained, and
if needed representing them to the Refugee Appeals Board.

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 Supporting victims of trafficking in their struggle to regain freedom and establish new
lives. RCK fights for individuals who are victims of sex trafficking or smuggling. These
are children (under the age of 18) or adults who were kidnaped, transported, and now
exploited for the benefit and gain of other. RCK’s goal is to represent these individuals
because “stolen people are stolen dreams”.

Challenges.
 Delay in statutory timelines. One of the largest challenges in asylum support has been the
length of time taken for first instance RSD to be conducted and decisions issued. There
are a large number of asylum-seekers who are yet to be heard on their asylum claim at the
first instance.
 The closure of the courts and downscaling of activities during the pandemic means that
often persons seeking asylum, including women and children, have faced lengthy
incarcerations in police stations and prisons. This has been particularly noted on the flight
corridors, prisons and border towns. RCK provides legal representation for such cases
and follows up with relevant authorities for review of court orders.
 Lack of adequate and multiyear predictable financing for local actors to sufficiently
support access to asylum: While it is ideal to have all persons seeking legal representation
attended to, this may not be possible due to resource constraints and the time taken to
work comprehensively on each case. With more funds, more resources can be geared
towards asylum case identification and management, as well as towards capacity building
for practitioners.

Identification and Referral of Refugees for Resettlement.

RCK started identifying and making referrals to UNHCR for resettlement in 2011. When a
refugee first approaches RCK, they are scheduled for a security interview. The purpose for the
interview is to establish whether the refugee has challenges that fit within the criteria for
UNHCR resettlement criteria (i.e. legal or physical protection, survivors of violence or torture,
women or girls at risk, medical needs, family re-unification, and children or adolescents at risk).

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During the interview, information is obtained on the country of origin, the reasons for flight, and
protection or other issues that are being faced in the country of asylum and to establish why the
refugee would not be willing to avail themselves to the protection of the country of asylum.

Once the interview has been finalized, the same is assessed to establish the credibility of the
allegations put forth, whether the refugee has made efforts to secure their own protection; such as
relocation from the area where the insecurity is being faced and reporting any protection
challenges to the police. If resettlement as a durable solution is recommended, then a UNHCR
Resettlement Referral Form is filled and sent to UNHCR in Nairobi. The form captures the
biodata of the refugee, a brief summary of the refugee’s claim (i.e. the reason why the applicant
fled from their country), whether the case is an emergency or urgent case, or whether it should be
processed at a normal rate and why. The form also requires an explanation as to how the case
was identified by RCK, the interventions that have already been undertaken and the reasons for
the referral. Finally, the referral indicates other specific actions that have been recommended
other than resettlement.

TOPIC: ROLE OF GOVERNMENT OF KENYA WITH REGARD TO

REFUGEE POTECTION
GROUP: 7 (SEVEN)

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MEMBERS REGISTRATION SIGNATURE
NUMBER
SKEM S EDWIN BLAW/2022/50535
FAITH BIYAKI BLAW/2022/52868
TITUS GITONGA BLAW/2022/52399
JOY FINOTA BLAW/2022/52061
WAMALWA
EDITH KANANA BLAW/2022/53283

DANIEL WANYOIKE BLAW/2022/52868

ROLE OF GOVERNMENT OF KENYA WITH REGARD TO

REFUGEE PROTECTION

Introduction

Kenya hosts approximately 250,000 refugees from over 11 war-torn countries.

The majority are from Somalia, Sudan, Ethiopia and the Great Lakes region. There are two
official refugee camps in Kenya: Dadaab, close to the Somali border, hosts about 150,000
refugees; Kakuma, located in northern Kenya near the Sudanese border, hosts about 83,000
refugees.
The government implements a refugee encampment policy: once refugees have gone
through the status determination procedures, they are obliged to reside in a camp while
awaiting a durable solution. However, for a myriad of reasons (including insecurity in the
camps, health problems and maladjustment to camp life), many refugees defy this
requirement and make their way to urban areas. It is estimated that 30-50,000
refugees/asylum seekers live illegally in urban areas.
Asylum seekers are required to undergo status determination in Nairobi and during this
time they are not under UNHCR protection. They suffer from lack of social assistance,
harassment and extortion by law enforcement agents in addition to hostility from members
of the public.

Responsibilities
Kenya has acceded to the 1951 Convention and ratified the 1969 OAU Convention and the
Universal Declaration of Human Rights as well as other international human rights treaties.
The National Refugee Secretariat (NRS) in the Ministry of Home Affairs is charged with

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the responsibility of managing the refugee situation. Although there is a bill pending in
parliament, Kenya still lacks refugee-specific legislation. Without it, the protection inherent
within these Conventions remains fundamentally elusive to refugees.
In a recent incident of influx of Somali refugees into Mandera in Kenya, the government
refused to relocate the refugees to a safer site even though the temporary site where the
refugees were sheltering was only 500 metres from the border where fighting was raging.
In addition, the local administration visited the site on several occasions, threatening the
refugees with dire consequences should they refuse to return to Somalia. Most of the
refugees were women and children. This obvious contravention of the principle of non-
refoulement went unchallenged.
Thereafter in the case of KENYA NATIONAL HUMAN RIGHTS COMMISSION &
ANOTHER VERSUS ATTORNEY GENERAL & 3 OTHERS (2017) eKLR the
Constitutional and Human Rights Division of the High Court found that the Government of
Kenya had violated international law and particularly the principle of non refoulement
which formed part of the Constitution of Kenya when it disbanded the department of
refugee affairs and threatened to forcefully repatriated Somali refugees back to their
country of origin- Somalia.
Legislation would certainly go a long way towards providing a clear framework for the
protection of refugees. Under Kenya's new draft constitution, refugees are guaranteed the
right of non-refoulement and parliament is charged with responsibility to enact refugee
legislation within a year of the new constitution coming into force. In effect, the new
constitution recognises the right to seek asylum as a constitutional right. Consequently
Parliament of Kenya has enacted the Refugee Act 2021 to manage issues related to refugees
in the country.
The government has to date abdicated its own responsibilities and instead delegated
responsibility to UNHCR. In addition to its own mandate of protection and provision of
humanitarian assistance, UNHCR has accepted responsibility for receiving refugees,
registration and scheduling appointments for status determination, conducting eligibility
interviews, making decisions on eligibility, hearing appeals, making decisions on appeal
and making camp referrals. UNHCR has, in effect, assumed the role of a government
ministry and in so doing has seriously compromised its autonomy and its effectiveness in
providing refugee protection.

Challenges of Refugees Protection In Kenya

One of the main problems faced by refugees is police harassment. The police carry out
regular raids in refugee-dominated areas during which they have been known to search
refugee homes, abuse, assault, intimidate and wrongfully arrest refugees. Many refugees
are detained in police cells for many days without being charged while others are forced to
pay bribes to police officers to secure their release. Police blatantly disregard UNHCR
documents indicating that the refugee/asylum seeker is known to the agency. Although
UNHCR and the government have agreed to provide joint documents to refugees and
asylum seekers, this initiative has been stalled for well over a year. Harassment, extortion

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and intimidation of refugees by police officers continue unabated.
The plight of asylum seekers in Kenya is particularly dire. While awaiting status
determination, asylum seekers are de facto not persons of concern to UNHCR and thus
have no access to social assistance or protection. They are open to police harassment,
extortion, sexual assault, abuse and discrimination of every sort. The UNHCR branch office
maintains that its mandate extends assistance to recognised refugees only. Realising their
plight, there is need for the agency to review its mandate and to provide the requisite
protection and assistance to asylum seekers.
The Machakos initiative to bring peace to Sudan, coordinated by the Intergovernmental
Authority on Development (IGAD) , had reason for optimism. Nonetheless, their weakness
stemmed from the lack of involvement of refugees, educators, lawyers and business people
in the process. It is imperative that representatives of society at large -people who will
actually build peace on the ground - be present at these talks.
Durable solutions in the form of local integration must also be explored, particularly for
refugees with professional skills that can contribute significantly to the local society and
economy.
In order for successful resettlement to occur, the relevant parties must function efficiently
and with a well-informed perspective. We are currently witnessing the preparation for
resettlement of 10,000 Somali Bantus to the US. There is a need to ensure that these
refugees are prepared for the drastic change in their lifestyle and equipped with coping
mechanisms for the migration.
The principle of burden sharing must not be neglected; host countries cannot be left to
shoulder alone the impact of refugees. It is unrealistic for UNHCR and the international
community to put pressure on African states to continue accepting refugees without
addressing the daunting economic, social and security challenges that such a responsibility
poses. UNHCR must use its unique position in refugee protection to translate verbal
commitments to burden sharing into reality.

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INTRODUCTION TO FORCED MIGRATION

BY: PROF. FERD MOYOMBA
MOUNT KENYA UNIVERSITY SCHOOL OF LAW

Group 4 ;CAT 2

Members Registration No. Sign

Wanjiku Joan Blaw/2021/93353
Mungai Ian Blaw/2022/53225
Karungani Candalezza Blaw/2022/53330
Mwanzia Brian Blaw/2022/53931
Nyaira Maurice Blaw/2022/53834
Chepkemoi Michelle Blaw/2022/53404

THE ROLE OF RELIGIOUS STAKEHOLDERS IN REGARDS TO

REFUGEES IN KENYA.
The department of refugee affairs Kenya has partnered with various religious organisations such
as Islamic Relief Kenya, Catholic Relief Services and Don Bosco Kenya, in order to facilitate
refugees in Kakuma and Daadab Refugee Camps.

a) Islamic Relief Kenya.

Islamic Relief works in 6 counties in Kenya: Mandera, Wajir, Garissa, Marsabit, Kajiado, and
Kilifi. Islamic Relief began working in Kenya in 1993 by providing support to orphans. As of
2022, they provide regular stipends to over 3,000 orphans and help their guardians build reliable
livelihoods.

1. Cash transfers.
Many of the communities supported consist of refugee nomadic pastoralists and farmers
who rely heavily on weather patterns for their livelihoods. They face recurrent drought,
flash floods and inter-clan conflict. Vast areas of grazing pasture have disappeared and
many water sources have dried up, resulting in conflict over the dwindling resources.
Islamic Relief provides cash transfers to facilitate disaster-stricken families to buy food

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INTRODUCTION TO FORCED MIGRATION

BY: PROF. FERD MOYOMBA
MOUNT KENYA UNIVERSITY SCHOOL OF LAW
and in regards to water situation, the organization is working towards drilling and
repairing water points in the refugee camps.
2. Promoting and protecting women’s and girls’ rights .
Islamic Relief Kenya has prioritised the training of local human rights defenders and
child protection volunteers; and providing sanitary towels in schools to ensure that young
girls do not miss out on their education. The organization has been advocating against
gender-based violence by educating the refugees on the negative effects of early child
marriages, female genital mutilation/cutting (FGM/C), and physical as well as emotional
violence. Women in the camps are trained on business development, management and
leadership skills and providing materials to run small businesses. Communities are
encouraged to demand their rights and services from the government.
3. Proper education in the camps.
To give all children a fair chance to attend school and learn, Islamic Relief is supporting
special needs education schools with aids required for teaching in Garissa and Wajir
Counties, providing equipment and supplies to technical vocational training centres
hence, encouraging the youth to thrive.

b) Catholic Relief Services.

Catholic Relief Services has worked in Kenya since 1965 and is one of the oldest
humanitarian relief and development organizations in the country. The Nairobi based
country program has over 100 staff in offices in Nairobi, Marsabit, Isiolo, Kisumu and
Kilifi.
Its current programming portfolio features projects in social services for children and
families, agriculture and livelihoods, health, water and sanitation and peace building.
The organization’s areas of focus in regards to refugees in Kenya include;
a) Ensuring the refugees live in just and peaceful societies.
b) Helping refugees survive and thrive in the face of disasters.
c) Helping refugees achieve dignified and resilient livelihoods.
d) Ensuring children in refugee camps reach their full potential in safe and nurturing
families.

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INTRODUCTION TO FORCED MIGRATION

BY: PROF. FERD MOYOMBA
MOUNT KENYA UNIVERSITY SCHOOL OF LAW
e) Empowering the youth in refugee camps to thrive in a decent and productive manner.

c) Don Bosco Kenya.

I. Technical training of refugees.
The Don Bosco mission in the refugee camps is to offer technical skills to the refugees.
With the help of UNHCR, the confreres run the Don Bosco Technical Institute in the
camps. The courses offered in the program are: Masonry, Electrical and Solar, Motor
Vehicle Mechanics, Plumbing, Dressmaking, Welding & Fabrication, Secretarial,
Computer, and Literacy programs. These programmes enable the refugees to be prepared
for future employment opportunities.
II. Security and lifesaving services.
The Don Bosco Mission Korr in Kenya provides services to nomadic populations in the
surrounding community and within Kakuma refugee camp. The camp was established in
1992 near the border with South Sudan as a place of refuge for unaccompanied minors
fleeing civil war. Operated by UNHCR, with assistance from Salesian missionaries and
several other humanitarian organizations, the camp offers refugees safety, security and
life-saving services such as housing, healthcare, clean water and sanitation.
III. Salesian missionaries have developed a number of programs and services for the refugees in
the camp. The Salesian Holy Cross Catholic Parish provides spiritual services at 10 out-
stations spread across the camp. The church organizes frequent youth seminars and
workshops that are very handy in human and Christian formation to young refugees.
Salesians also launched the Savio Club in 2014 to provide character development for
children in the camp which makes them very active in the church and they generally become
well behaved and also perform way better in school.

IV. International Association For Refugees has also supported refugee families with emergency
food and Personal Protective Equipment (PPE), and helped refugees start soap-making
businesses in the midst of the pandemic.
V. Jesuit Refugees Service (JRS) that provides education to the refugees. It is also involved in
looking after the residents, especially those from South Sudan who are mostly Christians.
VI. The Kenya Conference of Catholic Bishops responds to matters affecting migrants, including
appealing to the government of Kenya in 2016 to reconsider the decision to close Kenya’s
major refugee camps.

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INTRODUCTION TO FORCED MIGRATION

BY: PROF. FERD MOYOMBA
MOUNT KENYA UNIVERSITY SCHOOL OF LAW
VII. Jesuit Refugee Services operates five protection centers for people with special needs,
offering essential services, psychosocial support, and conducting community outreach to
identify more home-bound people with disabilities. Its urban programs apply the Pathfinder
Refugee Career Incubator model for vocational training, giving learners different pathways to
create and improve their livelihoods. Courses under the model range from teacher training to
business development and digital literacy. These urban programs aim at helping refugees
integrate into the socio-economic life of Nairobi by giving them livelihood options.
VIII. UNHCR works with its partners Africa Inland Church Health Ministries (AICHM),
International Rescue Committee (IRC) and Kenya Red Cross Society (KRCS) to provide free
health services to asylum seekers, refugees and members of the host community in Kakuma
and Kalobeyei at eight health facilities in the camp and settlement, including one general
hospital, two health centers and five dispensaries (known as “health clinics”).
IX. A charity group, Peniel 12, based at the Holy Family Minor Basilica church in Nairobi,
Kenya has come to the aid of families affected by major floods in Dadaab refugee camp
which has affected nearly 12,000 families.

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