Comparative study of refugee management

Abstract

This study is concerned with describing. explaining. examining and comparing the nature of Refugee Management in Kenya and Tanzania. It proceeds from the premise that studies on refugee management are done by scholars who reside outside the refugee generating and hosting states. Their studies are abstract and intellectual and lack the human aspect of refugee management. They concentrate on humanitarian assistance, theories on refugee management, and emphasize is on international refugee law and how it is used in refugee management The scholars do not focus on the individual states, domestic law and how to harmonize it to interpret the wider international law. There is a need to focus on individual state's domestic law and how effective or ineffective it is in refugee management. Economic, political and social issues that impact strongly on refugee management also need to be brought into focus. The study therefore adopts the world systems theory to explain how interactions between states, refugees, and law can be effectively used to manage refugees. The study investigates the various legal regimes in Tanzania and Kenya to see to what extent they address the issue of refugees. The issues discussed include a comparison of refugee management in both countries and how international refugee law impacts on both states. It has been established that while Tanzania has put some mechanism in place to. manage refugees, they do not measure up to the expected international standards. In Kenya the situation is worse since no proper mechanisms are put in place. The general conclusion is that both states need to examine the current policies on refugee management and address the plight of refugees in a way that both the refugee and the host state will benefit. Another conclusion is that international refugee law should be applied according to national interests of a state.