The implementation of refugee rights in international law: case study of Kenya

Abstract

This study has investigated the implementation of refugee rights from both an international, regional and national perspective. The international perspective has examined the work of the League of Nations and the United Nations. The purpose of the United Nations High Commissioner for Refugees has also been looked at. The 1951 Geneva Convention Relating to the Status of Refugees and its subsequent Protocol of 1967 have been examined. The contribution of the 1969 OAU Convention on Specific Aspects of Refugee Problems in Africa has also been looked at. Finally, Kenya has been used as a case study and the implementation of refugee rights in Kenya has been examined in detail. The study has used both secondary and primary data. The secondary data includes published books, Journals, articles and documents. The primary data stems from interviews carried out on refugees in the camps and Nairobi. The simple random sampling method was used to arrive at a sample of 126 refugees. 63 of these were from the camps and an equal number from Nairobi. Those interviewed were men, women and children. Government and UNHCR officials were also interviewed. The study found out that most of the rights entitled to refugees have not been fulfilled in entirety. Concerning rights that are similar to nationals, the government has made a good attempt to respect them. Those that are same as aliens and the ones which are absolute and specific to refugees have been respected to a lesser extent.