The themes of this dissertation are divided into the following chapters.
Chapter one provides an introduction to the study, the problem statement, hypothesis, objectives, theoretical framework and the rationale and motivation behind the study. The
38 contribution of the study to knowledge, a reflection upon the research methodology selected, the scope and limitations of the study and a definition of key terms as used in the study are provided. This provides the parameters and scope of the study, keeping it focused and concise.
Chapter two provides a comprehensive review of the literature onthe research topic. This chapter places the study in the repatriation debate highlighting the current gaps in knowledge and the areas to which the study contributes. In this chapter, I trace Kenya‘s relationship with Somalia and why it is characterized by suspicion and mistrust. The 1951 Convention and the 1967 Protocol is also analyzed in detail and I suggest a review of the these in line with emerging refugee challenges. I argue that refugees are key players in refugee matters and as such need more attention from researchers. As it is at the moment, the crucial role of refugees seems to have been usurped by various stakeholders in the refugee sector, and this ought to change. I claim that refugees are used as scapegoats by host states when faced with various political, economic and social challenges.
Chapter three provides an exploration of the perceptions of the governments of Kenya and Somalia, the UNHCR and refugees on the safety of Somalia as a pre-requisite for repatriation. I argue that refugees will only accept voluntarily repatriation once they perceive that it is safe to do so. Since the idea of ‗safety‘ is relative, I conclude that it is neither possible to objectively declare Somalia as ‗safe‘ nor ‗unsafe‘. Various refugee stakeholders have declared Somalia un(safe), depending on their perceived indicators
39 and underlying interests. The Government of Kenya for instance is likely to advance the narrative that Somalia is safe for return as it serves its interest of wanting Somali refugees out of the Kenya.
Chapter four explains and analyzes the roles and responsibilities of the Kenya-Somalia- UNHCR (tripartite parties) in ensuring successful voluntary repatriation of Somali refugees and in promoting stability and security in the region. Since the stability of Somalia affects that of the entire Horn of Africa and East Africa, players in the Tripartite Agreement need to meticulously discharge their mandate while undertaking the repatriation process to avert further crises. In this regard, I conclude that all stakeholders need to actively be engaged in repatriation decision-making process so as to produce a sustainable solution. Refugees, especially, need to own the process and should be treated as such. I further claim that there is a big difference between the theory of the TA and its practice.
Chapter five critically evaluates the challenges associated with the tripartite voluntary repatriation agreement for Somali refugees with a view to promote refugee-centered initiatives, inclusivity and participation in decision making. As the study asserts, refugees have been relegated to the periphery, yet repatriation is all about refugees. This needs to change. I conclude that unless refugees are actively involved in decision making regarding repatriation, the process will not be sustainable and in the long run may even
40 cause further refugee crises. Failure to include refugees in decision making delegitimizes it among refugees.
Chapter six extrapolates, to the African continent, the possibility of a refugee-centered approach to repatriation. While refugee situations are unique and dynamic across the African continent, a refugee centered approach will safeguard against such dynamics and provide acceptable solutions, especially to the refugees. I conclude that there is a need to support refugee initiatives on repatriation as this will form a good basis for ‗home-grown‘
solutions. Refugee initiatives minimize resistances from host states, home countries and even UNHCR as it creates common ground on refugee solutions. I suggest that the key focus should shift from that of refugee plight to that of addressing the reason for their flight.
In Chapter Seven the findings of each chapter are brought together into a conclusion. In a summary, all decisions, prior, during, and after repatriation should focus on the refugee interests as the centerpiece of such decision process(es).Recommendations are made, based on the study findings. There need be a closer working relationship between the Governments of Kenya, Somalia and the UNHCR to avoid what appears to be ‗reading from different scripts‘. Refugees ought to be actively involved in the process of decision making regarding repatriation to encourage a sense of ownership and belonging and to avoid possible resistance. Despite the dynamic interests of different refugee actors, a
41 common ground can be reached based on common interests which will facilitate refugee based solutions.
In the next chapter, chapter two, I examine existing literature on there fugee crisis in Kenya, Africa and selected cases globally.
42 CHAPTER TWO:
LITERATURE REVIEW
In this chapter I explore literature about Somali refugees, Somalia and the UNHCR. To contextualize the subject of repatriation, I trace the developments in Dadaab refugee camps since its inception in 1991.The relationship between Kenya and Somalia is also reviewed in detail. Further, the UN 1951Convention regime is also examined together with the subsequent protocols of 1967 that sought to expand its mandate. The Organization of African Unity Convention, Governing Specific Aspects of Refugee Problems in Africa of 1969 is also explored. Security challenges associated with hosting refugees are further discussed. The study establishes that often times refugees are relegated to the periphery in matters affecting them including repatriation. It is also established that most available literature regarding refugees are by humanitarian organizations and calls for academic research is suggested.