Proposal â€œ.. Acts of terrorâ€¦ continue to resonate all over the worldâ€¦â€ (Jakaya M. Kikwete, Tanzanian Former Minister of Foreign Affairs at U.N.General Assembly, N.Y.N.Y., Oct. 1, 2003)
Background to the Problem
A plethora of literature has been written on the topic of refugee protection and especially on the non-refoulement principle. Despite all these, States have continued to return refugees back to their territory state even when they are aware they would face persecution. The argument given by States is neither here nor there. This is mainly because the non refoulement principle itself faces criticism stemming right from the Convention that sets it up.
Even though the Universal Declaration of Human Rights (UDHR) proclaims rights to all, including refugees, states use international principle of sovereignty to shut their doors in front of asylum seekers. This situation is worsened by the current development where refugees are perceived as terrorists in a number of states- Kenya included. This has led to a number of problems such as returning refugees back to the frontiers of areas where they are bound to be persecuted.
The pressing need to undertake this study was a bid to protect refugee rights in the wake of terrorism in Kenya and also to re-energize the non-refoulement principle which urges States to desist from turning back refugees back to their territory State.
The Kenyan government is not doing much to respect the1951 Convention on the Status of Refugees hereinafter the (Refugee Convention) that they are a party to, especially Article 33 which reminds States not to refoule refugees. This study will investigate the level to which the Kenyan government respects the rights of refugees as enshrined in the applicable laws that being international, regional and national instruments. In addition, this contribution will balance interplay