Implementation of International Laws on Refugee Protection: The Case of Kenya

Abstract

The study examines how Kenya has implemented international Laws for refugee protection notably the 1951 refugee convention and its 1967 Protocol as well as the OAU Convention. Kenya is one of the countries that host a large number of refugees and it has made notable milestones in aligning its national legislation with the required standards globally particularly through the 2010 constitution and the Refugee Act of 2021. The Act has more enhanced rights compared to that of 2006. Key rights for instance freedom of movement, integration, access to healthcare and jobs are incorporated with support of institutional frameworks such as Department for Refugee Services (DRS). Extensional frameworks such as the Kalobeyei and Garissa Integrated Socio-Economic development plans (KISEDP and GISEDP) reflect an advancement of policies of integration in line with enhanced rights in the Refugee Act. These frameworks promote self-reliance which is a shift away from the aid-based model which is not sustainable in the long run. The study has adopted the exploratory research approach collecting data from a range of stakeholders including Government officials, representatives from Civil Society Organizations, Non-Governmental Organizations, legal experts, academicians and refugees. The study highlight progress in aligning Kenya’s laws and policies with international standards with initiatives such as the Shirika Plan and Urban Refugee Policy improving refugees’ livelihoods. Despite the advancements, there have been challenges and the study provides recommendations to curb them including stronger collaboration between stakeholders and legislative reforms to fully incorporate international standards. There is need for a comprehensive multi stakeholder strategy to ensure refugee protection.