A Critical Analysis of the Legal Implications of Hosting Refugees by the Host State: a Case Study of Somalia Refugees in Dadaab Refugee Camp in Kenya

Abstract

The purpose of this study is to explore the legal implications of hosting Somali refugees in Dadaab refugee camp. A large number of Somalia refugees (approximated to be 400,000 in number) have been living in Kenya for more than two decades at the Dadaab Refugee Camp. There exists numerous domestic and international legislature enacted to address the matters of refugees. The question is whether the refugee host countries have been adhering to the existing legislature and what challenges they experience in implementing the same. The study analyses the legal implications of hosting refugees and the challenges of being a host country. The study sought to answer questions; Why is Kenya not complying with the International Conventions? What are the legal implications of Kenya failing to comply with the International Conventions? And What are the challenges Kenya is facing in complying with the International Conventions? The study tested three main hypotheses namely; Firstly, that the Kenya‟s national interests influence violation of the provisions of the international refugee laws at the Dadaab refugee camp. Kenya has been accused of violating the international refugee laws even though it‟s a signatory to the same. Secondly, that Kenya non-committal to International Conventions has legal implications to be faced. Where a State fails to comply with the international obligations, there ought to be legal repercussions to be faced which repercussions are meant to deter States from violating the provisions of the International Conventions. Thirdly that Domestic Laws have influenced Kenya‟s challenges in compliance with the International Conventions. There is an argument that the International Humanitarian laws have contributed to Kenya‟s security dilemma where it has a challenge of balancing its national security and interests of the refugees. Kenya has an obligation to ca re of the interests of its nationals even as it hosts refugees. The study utilized both primary and secondary sources of data. Secondary data was obtained from published and unpublished works, internet sources, UNHCR reports and government of Kenya. Primary data on the other hand was collected through interviews from refugees, UNHCR officials, government officials, judiciary, lawyers, security personnel and teachers within the camp.