3.1 The evolving refugee policy in Kenya: from laissez-faire to restrictive
3.1.2 Perception of the Government of Kenya towards Somali refugees as security
in the region. With the adoption of the Constitution of Kenya 2010, the NEP was divided into the above three counties.
259J. Milner, Refugees, the state and the politics of asylum in Africa, London, Palgrave Macmillan, 2009,p.101
260The Berlin Conference of 1884–1885 marked the climax of the European competition for territory in Africa, a process commonly known as the Scramble for Africa. During the 1870s and early 1880s European nations such as Great Britain, France, and Germany began looking to Africa for natural resources for their growing industrial sectors as well as a potential market for the goods these factories produced. See http://www.oxfordreference.com/view/10.1093/acref/9780195337709.001.0001/acref-9780195337709-e- 0467[Accessed 31st January 2018]
261A. Abdi, ‗Refugees, Gender-Based Violence and Resistance: A Case Study of Refugee Women in Kenya‘, Women, Migration, and Citizenship: making local, national and transnational connections, Oxford, Ashgate, 2006, pp. 231-250
262A. Abdi, ‗Refugees, Gender-Based Violence and Resistance: A Case Study of Refugee Women in Kenya‘, Women, Migration, and Citizenship: making local, national and transnational connections, Oxford, Ashgate, 2006, pp. 231-250
102 Somali refugees are primarily hosted in Dadaab Refugee Camp263, which began operation between 1991 and 1992, and is located only 100km from the Somali-Kenyan border in Garissa County, North Eastern Province (NEP), Kenya. Conflict in Somalia started when tyrant Mohammed Siad Barre was ousted in 1991. Inter – clan conflicts that followed gave way in early 2007 to an Islamic insurgency – prompted by Ethiopian invasion – which as of 2009 killed an estimated 18,000 civilians.264
The presence of Somali refugees in Dadaab in northern Kenya seems to have legitimized the perceived fear that refugees could be more of a political and security problem as much as of humanitarian concern. According to Garissa District Development Plan (GDDP) 1994-1996, the influx of refugees into the district resulted in insecurity as
‗sophisticated weaponry found their way into the district‘265 through the porous Kenya- Somalia border. The assumption here is that militants sneak in weapons into Kenyan refugee camps in the guise of being refugees. Consequently, ‗banditry, cattle rustling and general violence‘266 in the district increased and hence adversely affecting the supervision of development programmes.267
263 Although usually referred to as Dadaab Refugee Camp, this refugee camp complex is comprised of multiple camps that surround UNHCR‘s sub-office in the town of Dadaab.The major camps that make the Dadaab complex are Hagadera, Ifo and Dagahaley
264 http://www.monstersandcritics.com/news/africa/features/article
265See Republic of Kenya, Garissa District Development Plan (1994-1996), Nairobi, Government printer,p.81.
266See Republic of Kenya, Garissa District Development Plan (1994-1996), Nairobi, Government printer,p.59.
267 See Republic of Kenya, Garissa District Development Plan (1994-1996), Nairobi, Government printer,p.81.The former Garissa District hosts Dadaab refugee camps and is currently referred to as Garissa County following the promulgation of the constitution in 2010 that changed administrative names and boundaries
103 This narrative by the Government of Kenya on the insecurity caused by the refugees is further noted by the GDDP report of 2002-2008 which notes, in part, that Dadaab and Jarajila divisions are a bit insecure compared to others because of the presence of refugees in Jarajila and Dadaab, which has made the divisions adjacent to be insecure.268 Besides that, the GDDP report (2008-2012) on insecurity posed by the refugee settlement in Dadaab accuses the refugees of destroying the environment and of being a major cause of insecurity in the adjacent divisions.269 These reports, however, seem to lack evidence and substance and are more general in nature.
Recently in an interview with the National Television on May 11, 2016, the Principal Secretary (PS) for Interior270 Dr. Karanja Kibicho, while responding to News Anchor Eric Njoka argued that, ‗we are not talking about closing Kakuma because it doesn‘t pose as much threat to our national security as much as Dadaab is causing‘271. He said that,
The six hundred thousand refugees in this country are not all terrorists…but the existence of the camp has provided sufficient environment for cells that harbor terrorists who continue causing harm to our country.272
268 Republic of Kenya, Ministry of Finance and Planning, Garissa District Development Plan 2002-2008, Nairobi, Government Printer, p.16.
269 Republic of Kenya, Office of the Prime Minister, Ministry of State for Planning, National Development and Vision 2030,Garissa District Development Plan 2008-2012, (Nairobi: Government Printer), 30.
270 This is the Ministry of Internal Security whose portfolio includes that of refugees in Kenya.
271 The Principal Secretary(PS) Dr.KaranjaKibicho while responding to an interview with Eric Njoka on 11th May, 2016 at the K24 TV Studios. The PS was explaining the position of the Government of Kenya concerning her decision to close Dadaab refugee camps citing the threat to national security that militants in the camp poses.
272 The Principal Secretary (PS) Dr.Karanja Kibicho while responding to an interview with Eric Njoka on 11th May, 2016 at the K24 TV Studios.The PS was explaining the position of the Government of Kenya concerning her decision to close Dadaab refugee camps citing the threat to national security that militants in the camp poses.
104 Reiterating the position of the Government of Kenya to close down Dadaab refugee camp, the Interior CS, Joseph Nkaissery asserted that, ‗the decision to close Dadaab camp is final‘.273This depicts arrogance and unilateral decisions of the Government of Kenya when dealing with Somali refugees. Such tough statements by the government have become more of a ‗knee-jerk‘ reaction to failing security systems and have often been successfully challenged in courts.274 In February 2017, Kenyan High Court judge, Justice John Motivo, suspended the Government of Kenya decision to close down Dadaab refugee camps terming it ‗discriminative‘.275