01/04/2007

Hon. Raphael Tuju
Minister for Foreign Affairs
The Ministry of Foreign Affairs
Old Treasury Building
Harambee Avenue
P. O Box 30551 Nairobi
Kenya

Dear Honorable Tuju:

I am writing to express my concern regarding the January 3rd closure of the Kenyan border with Somalia and the recent deportation of more than 400 Somali refugees, mainly women and children, from Kenya. Refugees International joins with the Refugee Consortium of Kenya and the Office of the High Commissioner for Refugees (UNHCR) in condemning these actions by the Government of Kenya.

Refugees International recognizes the important humanitarian role that Kenya has played in hosting more than 150,000 refugees from Somalia, and is aware of the security concerns of the Government of Kenya following the continued unrest along its border. However, RI is gravely concerned that the recent refoulement has not only returned bona fide refugees to danger, but that it could set a dangerous precedent endangering the well-being of thousands of Somalis seeking asylum in the region.

Refugees International visited Kenya in November 2006 and spoke with UNHCR officials. RI is concerned for both the approximately 400,000 internally displaced in Somalia and for the 160,000 refugees, mostly from Somalia, who are currently living in the Dadaab camps in Kenya. In addition to ongoing security concerns in Somalia, massive flooding in both southern Somalia and northern Kenya last fall continues to make it difficult for humanitarian organizations to access the displaced populations and provide assistance.

Until a formal peace is established in Somalia, civilians will continue to be displaced and will seek asylum where they can. With the Kenyan border now closed, the options for those who fear returning to their homes are greatly diminished. Kenya must live up to its obligations under the 1951 Convention Relating to the Status of Refugees. While the Convention excludes from international protection persons who have committed crimes, such exclusions can only be made after full consideration of the individual’s asylum claim. The recently deported asylum seekers in Kenya were given no such opportunity to have their claims considered before being repatriated.

Under international refugee law, Somali civilians who have a legitimate fear of persecution and are fleeing life-threatening situations have the right to seek asylum. Preventing Somali refugees from entering into Kenya will increase the severity of the humanitarian situation in Somalia, which in turn may have a destabilizing affect on the entire region. I therefore urge you to reconsider your Government’s position and respect the right of Somalis to seek asylum in accordance with international refugee law.

Sincerely yours,

Kenneth H. Bacon
President
Refugees International