A critical analysis of the implementation of the 1951 Geneva convention on refugees: a case study of Kenya

Abstract

Not so long ago, the status that the refugee problem has acquired in international politics today was unimaginable. What was viewed as a passing cloud by the international protection regimes until last mid century has buttressed itself amongst us - needing attention. In order to explore the way ahead for refugee protection it is important to situate the various conventions and the refugee protection regime in their present context. What are they and what are their relevance as instruments of protecting refugees?

Many states having realized the urgency and the international nature of the refugee problem have acceded to the 1951 Convention on the Status of Refugees. This is because the existence of the refugee concept and the institution of asylum must depend not only on the will to protect and to abide by international legal obligations but also on issues still considered sovereign. It is difficult to reconcile the recent and abundant evidence of the failure of state responsibility, the increased incidence of violations of the most fundamental of refugee protection, the acknowledged tension between the assistance and protection agenda of UNHCR and the challenge by some government of the authority of treaty bodies deciding on refugee rights with the view that supervision as it now stands - using diplomacy and institutionalized dialogue - is sufficient. It is true that state parties to the 1951 Convention continue to flout obligations under refugee law.

The result of the current deterioration of the refugee regime is that escape from violence and persecution has become more difficult, and refugees who manage to reach a place of relative safety are less likely..Allowed to enter and remain there. Many states have failed to institute measures that discriminate between refugees and other unauthorized migrants. They are subjected to harsh and restrictive conditions, effectively foreclosing

their chances of rebuilding their lives in a new country. The core of the refugee protectionism increasingly disregarded. As wars and campaigns of repression continue to target civilian populations, the victims have fewer options for refuge from suffering and death.

The emphasis in this research is to examine the performance of Kenya in refugee treatment since it acceded to the 1951 Convention on Refugees; the 1967 UN Protocol as well as the 1969 OAU Convention on Refugees.