Human Rights versus National Security: The Refugee Quagmire in Kenya

Abstract

Refugees existed as early as the times when religion is said to have begun. There are various books in the Bible for instance where refugees were said to be people who were homeless and needed special attention from the society. During the first and second world wars, millions of people were displaced in Europe and this led to creation of laws that would ensure the safety and protection of refugees. Later on as African states developed, they started experiencing challenges similar to the ones were being experienced in Europe and as a result the laws were revised to incorporate legal protections of the refugees in Africa. Kenya has hosted thousands of refugees from neighboring countries like South Sudan, Somalia and Uganda during the dictatorial rule of lddi Amin. However, the Daadab refugee camps established in 1991 to host Somali refugees fleeing clashes and subsequent civil wars after the ousting of Said Barre in January 1991 have posed more security concerns to Kenya. The persistent insecurity in Daadab refugee camps has put pressure on the Kenya government on the need to comply with its international human rights obligations by continually hosting refugees. It has emerged that these refugee camps have become a breeding ground of Al-shabaab activities. It is undisputed that human rights will always come first in all circumstances irrespective of whether one is a citizen or a refugee. But with national security on the other hand, how far can the state protect refugee rights? To what extent are host governments supposed to secure the rights of refugees when the security of its citizen’s is at stake? And finally, what is the scope of the refugee rights? How can Kenya strike a ‘happy medium’ by ensuring that it complies with its international human rights obligations by protecting the refugees whilst ensuring that there is no compromise on security? This study seeks to analyze the threat posed by refugees to security, the extent to which the state should protect refugees’ human rights and ensure that the security of its nationals is not compromised. The study finally attempts to suggest viable options that may mitigate the problem.