Cover image courtesy of BBC news
–by Elisandra De La Cruz–
Abstract
The purpose of this research paper is to analyze the efforts being done by UNCHR to help the refugee population in Dadaab. Due to the camp being threatened to close down, UNCHR is faced with a unique challenge: to work alongside the Kenyan government to ensure a safe environment while maintaining the best interests of the refugee population.
Executive Summary
No one should ever have to leave everything behind in hope for peace and stability. No individual should ever have to believe escaping a life of persecution would be more harmful than his or her current situation. Yet today, according to the United Nations High Commissioner for Refugees (UNHCR) states there are “445,859 refugees and asylum seekers” in Dadaab, Kenya. [1] Many individuals have no choice but to leave everything they have ever known and take the risk to seek a better life. With such large volumes of people migrating across international borders into safety, it has become a challenge for refugee agencies to sustain populations within the camp but keep up advocacy efforts to receive funds to provide essential services.
Back in 2015, the government in Kenya made an announcement to close the refugee camps in Dadaab on behalf of national security. [2] This was a response due to the shock of horrific attacks at “Garissa University in Kenya”.[3]According to the Kenyan government, terrorists were using the refugee camps in Dadaab as a hideout. Not only was this challenged by the international community and UNHCR but also the Supreme Court in Kenya. After much deliberation and effort, “on February 9, 2017, the Constitutional and Human Rights Division of the High Court of Kenya at Nairobi found it unconstitutional to close the Dadaab refugee camp.” [4] In addition, the Supreme Court of Kenya decided this was unconstitutional and violated “a principle of non refoulement stipulated under Article 33 of the 1951 Convention Relating to the Status of Refugees and section 18 of the 2006 Kenyan Refugee Act.”[5] The Supreme Court ordered the Kenyan government to keep doors open in Dadaab. However, with such an impactful and powerful move on behalf of the government, how can international organizations such as UNHCR ensure safety, protection, and care in Dadaab? The answer is unclear and complex.
The UNHCR’s mission is “a global organization dedicated to saving lives, protecting rights and building a better future for refugees, forcibly displaced communities and stateless people”.[6] A large part of their mission includes not only supporting these populations within the camps around the globe with lifesaving resources such as food, clean water, medical treatment, but also advocating and working with international governments on behalf of refugees. Advocacy is an important way any NGO is able to truly help a certain population. UNHCR is incredibly influential in that they are also very involved with government officials. In the case of Dadaab, UNHCR now has a unique challenge. Not only to maintain this population, but not overruling the boundary between what is right for the refugees in Dadaab or the government of Kenya.
The World’s Largest Refugee Camp
The Dadaab refugee camps were established in “1991 as a response to the Somali refugees fleeing ongoing violence, environmental and social problems caused by civil war, famine and drought”.[7] Since 1991, the camp has grown immensely into four sections, “Dagahaley, Ifo, Ifo2 and Hagadera.”[8] The older camps were established in “1991 and 1992.”[9] Refugees living in the older camps have children and grandchildren born in the camps. [10] The history of these camps is incredibly telling of how strong a person’s will is to survive in immensely tough conditions. Journalists have been going to the Dadaab camps for years. A UN Journalist described the camps as “ a refugee city- most of them undocumented, hard to trace, hard to reach out to- that is the story that goes almost untold.”[11]There is a clear story to be told and with the population growth, the story becomes much more complicated. The power of media and journalist has been a huge asset in keeping the spotlight in Dadaab.
UNHCR Response to the Kenyan Government
The UNHCR response to the announced closure of the Dadaab camp was a true moment of strength and challenge for the agency. When the Kenyan government announced the Dadaab “refugee camps should be closed within three months and 350,000 Somali refugees returned home, UNHCR urged the government to reconsider.”[12] UNHCR has a long history of working closely with the government of Kenya. In 2015, UNHCR responded by stating, “we understand well the current regional security situation and the seriousness of the threats Kenya is facing. We also recognize the obligation of the government to ensure the security of its citizens and other people living in Kenya, including refugees.”[13] Kenya has been a safe heaven and home for more than two decades. By Dadaab being shut down and forcing thousands of refugees to leave, this would create an extreme humanitarian consequence.
In 2017, refugees living in Dadaab faced pressure for the government to opt for “voluntary departure amid few viable alternatives.” [14] Very few Somalia refugees have ever known life outside of Dadaab. Creating a new policy, official or not, would leave thousands of Somalis in a continued cycle of “violence, drought and widespread famine and malnourishment.”[15] Despite UNHCR stating volunteer repatriation not in the best interest of these refugees, in “November 2013, the Governments of Kenya, Somalia and UNHCR signed a repatriation agreement to return the more than one million Somali refugees in Kenya back to their country through voluntary basis and establish international legal framework.” UNHCR stated, “they were ready to work with the government and Somalia to step up this program where there are opportunities for voluntary repatriation.”[16] For generations, Somalia refugees have never known life outside of Dadaab. By UNCHR agreeing to cooperate despite being against it, they harm thousands of refugees living in Dadaab.
Analysis: UNHCR Response
The strength UNHCR has is their global platform and network. However, their weakness lies in trying to maintain equal and full attention amongst the many conflicts around the globe. NGOs have emerged as “important actors in identifying transnational problems, articulating transnational norms and expectations, advocating for international polices and implementing and monitoring compliance with international agreements.”[17]
In the case of Dadaab, the challenge is incredibly immense due to the camps having been open for almost two decades. By UNCHR working with the government to send Somalia refugees back home, they go against the empowerment of this population. Despite this proposed solution being created out of national security, the Kenyan government has not looked at alternative solutions. The key actors in maintaining refugee protection are the Kenyan government and UNCHR and yet this policy has failed to prioritize refugee security.
Restrictions the Agency Has to Ensure Security
The government has began instructing international NGO’s to raise security in the camps. Refugee camps are meant to be a safe heaven for “protecting vulnerable populations from violence and persecution, the susceptibility of refugees to physical coercion can turn the encampments, their residents and the material assistance into armed conflict.”[18] With the limit of food, medical assistance, resources and even living space, tensions are high in camps. By these actions, pressure is on international organizations to ensure not only are camps running smoothly, people are fed and taken care of, but the law of security in these areas are upheld. It is not an easy task. UNHCR’s role in “enhancing refugees’ physical security is limited by the agency’s legal mandate and practical constraints; and that problems of violence and physical security are largely episodic concerns affecting small numbers in discrete refugee populations. “[19] A large reason for this is also the amount of attention this situations can get. UNHCR generally fails to call attention to and address festering security problems. But in the present refugee protection challenges UNHCR faces, this adding an extra layer of advocacy that may interrupt bigger items. UNHCR focuses its “appeals for funds and its description of its day-to-day work on the provision of material assistance and making legal determinations about who merits protection.”[20] The reality is that as a relief-oriented agency, UNHCR is subject to a measure of pressure from donors that may not harbor an interest in resolving security problems.[21] In the case of Dadaab, not only are funding challenges an issue, but also maintaining a steady funding flow due to how long these camps have been open. The risk is far too great to challenge.
Response: Somalia Refugees
Through the Tripartite Agreement, many refugees in Dadaab left camp in hopes to find stability and old grounds in Somalia. Amnesty international interviewed a number of these “Somali refugees in 2015 and 2016 who participated in voluntary repatriation program under the Tripartite Agreement.” [22]Despite leaving, it was no surprise many returned to Dadaab due to security incidents they faced in Somalia. According to the refugees who returned to camp, “no assessment has been carried out to understand the reason for their return to Dadaab nor have they been registered again in the camp.”[23] The two boys interviewed described four terrible months they experienced while returned to Somalia after they were “forcibly recruited by Al-Shabaad and saw their father kills in from of them.” [24] Re-traumatization and often death is what many refugees who returned to Dadaab talked about. Many left as a family and did not return complete. The Tripartite Agreement has yet to be a successful outcome for this particular population. It is clear even if refugees leave voluntarily to Somalia, the support they receive is limited. In August 2016 it was reported, “1,100 Somalis returned due to lack of humanitarian assistance, unplanned nature of the threatening and volatile security situation.” [25] In addition, the security and overall living conditions in Somila have not improved, and it is still incredibly fragile as a country. With aid organizations unprepared and often underfunded to provide these additional support for returning refugees, it is no secret that challenges for returned refugees will only increase.
Proposed solutions
Advocate for Diplomatic Solutions
With UNHCR challenges of advocating and sustaining refugees around the globe, it is important to innovate solutions in diplomacy. Advocacy effectiveness is defined in terms of “variables such as policy influence, organizational capacity building, enhanced coalitions or wider public awareness.”[26] It can be more harmful to the Dadaab refugees if UNHCR cannot find ways to continue to advocate beyond funding for daily supplies on their behalf. One of the biggest strengths UNHCR has in effectively helping the refugee community is the power of networks and media strength. If UNHCR is able to combine their network into a powerful media campaign, this can not only benefit the thousand refugees in Dadaab but also refugees around the world. UNHCR also has the potential to use media to help create diplomatic campaigns and begin to change the dialogue with international and host governments. “Diplomacy is representation” [27] and can awaken the interest of media and our population. When diplomatic efforts begin to reach the public, it has potential to reach a large audience that can begin pressuring governments to act.
Empowering Refugee Population Within Dadaab
In areas of conflict, insecurities will always haunt the most vulnerable. Dadaab cannot close but must be aided in innovative security measures. Who best to be at the front of this effort than refugees? Adapting to a new operational environment and different ways of reaching out to the community within Dadaab can ensure a “safer and effective protection no matter how challenging security obstacles may be.” [28] For example, “continuation of relief supplies and the stepping up of refugee leadership had a calming effect on a community that at times feared it would be abandoned. When UNHCR staff workers are at the camps, first on the agenda should be to listen to community concerns and provide reassurance.”[29] UNHCR staff and the international community agrees that operation cannot stop and must continue despite security constraints from the Kenyan government. Fafa Attidzah, head of UNHCR’s sub-office in Dadaab states, “The training was part of a larger effort, spearheaded by UNHCR and called the Operational Continuity Plan, to cope with possible future disruptions. The plan requires new approaches to delivering basic services with different levels of staffing, and more aggressive training of refugees to provide these services in the camps.” [30] With Dadaab being such an extensive community, it is key to establish leaders within the community who have a large reach. The idea behind this is knowledge is power. If the community is able to learn and collaborate in new safety measures, “this gives people the information and basic awareness that they need so that when they are in the field they can work with both raised awareness and confidence.”[31]
Looking Ahead
In conclusion, no solution to solve this crisis will be easy. No government alone will be able to find an easy solution that doesn’t compromise integrity. Empowerment is not an easy lesson to be taught. While UNHCR and its partners strive to respond, “the refugees themselves have stepped up to the daily challenges. Trained professionals such as health promoters, teachers and community peace and security teams have ensured the continuity of services in these uncertain times.”[32] The truth in helping this population lies in education efforts and ensuring security. Refugees in Dadaab are not helpless if they can help not only themselves but also their community. Refugees are often guided by humanitarian agencies in finding the appropriate solution. This becomes a power-structured relationship when collaboration between governments and international organizations leave out the most important piece: the refugees themselves.
Flexibility in creating new initiatives is important, as what works in one area may not work in another. Many refugees often arrive to the camps only hoping for a safe life until their next step. Host governments have an obligation under international law to protect these populations. Host governments can no longer expect refugee camps to be a temporary facility to hold people until conflict dies out. At the rate we are currently going, conflict has no end in sight. This should put pressure on governments to be more proactive in creating not only peace, but begin diplomatic conversations to put an end to the conflict.
This post may have been edited by admin for clarity and length.
Bibliography
Primary Sources:
Aguilar, Sonia. “Dadaab: Walking the fine line between helping refugees and risking lives” UNHCR USA. November 28, 2011. http://www.unhcr.org/en-us/news/latest/2011/11/4ed3bc316/dadaab-walking-fine-line-helping-refugees-risking-lives.html
Beals, Gregory. “Thriving After a crisis: Security and refugee empowerment in Dadaab”. UNHCR, USA, April 26, 2012. http://www.unhcr.org/en-us/news/latest/2012/4/4f9947df6/thriving-crisis-security-refugee-empowerment-dadaab.html
De Gruijl, Karin. “UNHCR urges Kentan government rethink on Dadaab closure annourncement”. UNHCR USA. April 14, 2015. http://www.unhcr.org/en-us/news/latest/2015/4/552d12c49/unhcr-urges-kenyan-government-rethink-dadaab-closure-announcement.html
UNHCR Kenya. Dadaab Refugee Complex. http://www.unhcr.org/ke/dadaab-refugee-complex
Scholarly, peer reviewed sources
Brown, Ebrahim, and Batliwala. “Governing International Advocacy NGOs.” World Development 40, no. 6 (2012): 1098-108.
Kumssa, Asfaw, James Williams, Herbert Jones, and John Des Marais. “Conflict and Migration: The Case of Somali Refugees in Northeastern Kenya.” Global Social Welfare 1, no. 4 (2014): 145-56.
Mariano-Florentino Cuéllar. “Refugee Security And The Organizational Logic Of Legal Mandates.”Georgetown Journal of International Law 37, no. 4 (2006): 583-723.
Pamment, James. “Digital Diplomacy as Transmedia Engagement: Aligning Theories of Participatory Culture with International Advocacy Campaigns.” New Media & Society 18, no. 9 (2016): 2046-062.
Sleigh, Tom, and Jason Florio. “A Violent Prone, Poor People Zone: The Dadaab Refugee Camp and the Eastleigh Neighbor-hood of Nairobi Have Seen an Influx of Hundreds of Thousands of Somalis Seeking a Better Life—but, as Often as Not, Kenya Can Offer Them Little.”The Virginia Quarterly Review 88, no. 1 (2012): 20-47.
Other
Amnesty International. “Nowhere Else to go. Forced Returns of Somali Refugees from Dadaab Refugee Camp, Kenya. 2016
https://www.amnesty.at/media/1338/amnesty-international-kenya-nowhere-else-to-go.pdf
Goitom, Hanibal. “Kenya: Government’s Attempt to Close Refugee Camps Found Unconstitutional”. The Library of Congress. March 8, 2017. http://www.loc.gov/law/foreign-news/article/kenya-governments-attempt-to-close-refugee-camps-found-unconstitutional/
Newland Kathleen, Salant Brian. “Increased focus on Forced Return of Migrants and Aslyum Seekers put Many in Peril”. Migration Policy Institute. December 12, 2017. https://www.migrationpolicy.org/article/top-10-2017-issue-7-increased-focus-forced-return-migrants-and-asylum-seekers-puts-many
[1] UNHCR Kenya. Dadaab Refugee Complex.
[2] De Gruijl, Karin. “UNHCR urges Kenyan government rethink on Dadaab closure announcement”. UNHCR USA. April 14, 2015.
[3] De Gruijl, Karin. “UNHCR urges Kenyan government rethink on Dadaab closure announcement”. UNHCR USA. April 14, 2015.
[4] Goitom, Hanibal. “Kenya: Government’s Attempt to Close Refugee Camps Found Unconstitutional”. The Library of Congress. March 8, 2017.
[5] Goitom, Hanibal. “Kenya: Government’s Attempt to Close Refugee Camps Found Unconstitutional”. The Library of Congress. March 8, 2017.
[6] UNHCR Kenya. Dadaab Refugee Complex.
[7] Asfaw Kumssa, James Herbet Williams, John F. Jones, Eric A. Des Marais, “Conflict and Migration: The Case of Somali Refugees in Northeastern Kenya”.
[8] UNHCR Kenya. Dadaab Refugee Complex.
[9] UNHCR Kenya. Dadaab Refugee Complex.
[10] UNHCR Kenya. Dadaab Refugee Complex.
[11] Sleigh, Tom, and Jason Florio. “A Violent Prone, Poor People Zone: The Dadaab Refugee Camp and the East Leigh Neighbor-hood of Nairobi Have Seen an Influx of Hundreds of Thousands of Somalis Seeking a Better Life—but, as Often as Not, Kenya Can Offer Them Little. “The Virginia Quarterly Review 88, no. 1 (2012): pg 24
[12] De Gruijl, Karin. “UNHCR urges Kenyan government rethink on Dadaab closure announcement”. UNHCR USA. April 14, 2015.
[13] De Gruijl, Karin. “UNHCR urges Kenyan government rethink on Dadaab closure announcement”. UNHCR USA. April 14, 2015.
[14] Newland Kathleen, Salant Brian. “Increased focus on Forced Return of Migrants and Asylum Seekers put Many in Peril”. Migration Policy Institute. December 12, 2017.
[15] Newland Kathleen, Salant Brian. “Increased focus on Forced Return of Migrants and Asylum Seekers put Many in Peril”. Migration Policy Institute. December 12, 2017.
[16] De Gruijl, Karin. “UNHCR urges Kentan government rethink on Dadaab closure announcement”. UNHCR USA. April 14, 2015.
[17] Brown, Ebrahim, and Batliwala. “Governing International Advocacy NGOs.” World Development 40, no. 6 (2012): pg 1098
[18] Mariano-Florentino Cuéllar. “Refugee Security And The Organizational Logic Of Legal Mandates.”Georgetown Journal of International Law 37, no. 4 (2006): 583-723.
[19] Mariano-Florentino Cuéllar. “Refugee Security And The Organizational Logic Of Legal Mandates.”Georgetown Journal of International Law 37, no. 4 (2006): 583-723.
[20] Mariano-Florentino Cuéllar. “Refugee Security And The Organizational Logic Of Legal Mandates.”Georgetown Journal of International Law 37, no. 4 (2006): 583-723.
[21] Mariano-Florentino Cuéllar. “Refugee Security And The Organizational Logic Of Legal Mandates.”Georgetown Journal of International Law 37, no. 4 (2006): 583-723
[22] Amnesty International. “Nowhere Else to go. Forced Returns of Somali Refugees from Dadaab Refugee Camp, Kenya. 2016
[23] Amnesty International. “Nowhere Else to go. Forced Returns of Somali Refugees from Dadaab Refugee Camp, Kenya. 2016
[24] Amnesty International. “Nowhere Else to go. Forced Returns of Somali Refugees from Dadaab Refugee Camp, Kenya. 2016
[25] Amnesty International. “Nowhere Else to go. Forced Returns of Somali Refugees from Dadaab Refugee Camp, Kenya. 2016
[26] Brown, Ebrahim, and Batliwala. “Governing International Advocacy NGOs.” World Development 40, no. 6 (2012) pg 1104
[27] Pamment, James. “Digital Diplomacy as Transmedia Engagement: Aligning Theories of Participatory Culture with International Advocacy Campaigns.” New Media & Society 18, no. 9 (2016): 2046-062.
[28] Beals, Gregory. “Thriving After a crisis: Security and refugee empowerment in Dadaab”. UNHCR, USA, April 26, 2012.
[29] Beals, Gregory. “Thriving After a crisis: Security and refugee empowerment in Dadaab”. UNHCR, USA, April 26, 2012.
[30] Beals, Gregory. “Thriving After a crisis: Security and refugee empowerment in Dadaab”. UNHCR, USA, April 26, 2012.
[31] Beals, Gregory. “Thriving After a crisis: Security and refugee empowerment in Dadaab”. UNHCR, USA, April 26, 2012.
[32] Aguilar, Sonia. “Dadaab: Walking the fine line between helping refugees and risking lives” UNHCR USA. November 28, 2011.
