| dc.description.abstract | It is becoming increasingly clear that international refugee protection
developed since the beginning of the 20th century is under extreme pressure
and unless concerted action is taken, the institution of refugee protection will
be totally eroded. It is further clear that although modern international law
offers refugees a whole plethora of rights covering all aspects of life, there are
practical difficulties in implementing these international standards at the
national level. In some circumstances, international law has not been
translated into municipal law in spite of the states having ratified the various
conventions. This is the case in Kenya albeit having drafted a Refugee Billway
back in 1994. In other circumstances, the question of sovereignty is often a
stumbling block. The thesis hence suggests that while international legal
instruments form an important basis for refugee protection, these instruments
alone cannot guarantee refugee protection.
Emphasis should therefore be placed on other ways of ensuring that this
state of affairs does not continue. The idea should be to address the
circumstances causing refugee outflows. There is therefore need to emphasise
what has come to be known as the root causes approach. Promotion of
human rights, democracy, eradication of poverty, strengthening peace
building operations and ensuring that perpetrators of wars are brought to book
are all means to this end. Above all these, promotion of development in
underdeveloped countries should be undertaken. In this scenario, prevention is
seen as the better option. Countries without a refugee law should also be
encouraged to enact one that translates international refugee law in to its
municipal law. | |
