States’ Response to Refugee Crisis: The Case of Somali Refugees in Kenya

The refugee movements around the world currently are contributing to the global refugee crisis. With increasing wars and conflicts in most states as well as effects of climate change, displacements of people are witnessed and neighbouring countries have to face the burden of accommodating the large numbers of asylum seekers and migrants moving into their territories. With these movements, states continue to face external threats to their security. States have the obligation to allow asylum seekers into their territories in line with international obligations. However, state security also should be put at the forefront. As states take in asylum seekers, they have to ensure their national interests are protected as well as their citizens. For any state, the protection of the homeland comes at the core of national interests to be pursued. It is evident that terrorist elements take advantage of the asylum space to get into asylum territories hence posing a threat to the national security of the asylum state. With these increasing threats from terrorist elements, states are forced to take stringent measures when allowing asylum seekers and migrants into their territories. Some states have responded to these threats by closing their borders while others have toughened their refugee policies. Kenya has not been left out in the trend of responding to the refugee crisis in the country. It has in the recent past adopted some measures that have put it in the spotlight for infringing on the rights of refugees and going against its international law obligations.

With the growing influx of Somali refugees in the country and being host to the largest refugee camp in the world, Kenya heavily feels the burden that is associated with hosting them for a prolonged time. Kenya feels that the influx has an effect on its national interests and especially security in the country and this has caused the government to react in various ways that has put it on the spotlight as regards its international obligations and the agreements it has signed and is bound with. The Government of Kenya has been accused of breaching the human rights of the refugees through its various responses such as the encampment policy, Usalama Watch, Operation Linda Nchi, forced repatriations, police operations and harassments on the urban refugees, also some of the policies it has implemented such as the Security (Amendment) Act and also the reaction on the closure of Dadaab camp following a terrorist attack on Garissa University. The Kenyan Government has cited protection of its citizens in the pursuit of its national interests as the basis for its actions and responses.