recognition that responsibilities towards refugees can be differentiated according to the states’ scale and timing of the refugee movements states are confronted with. When faced with a sudden and a mass influx of refugees, some states may be not just unwilling, but simply unable to comply with their Convention obligations. As a result, while states do admit large numbers of refugees, they demand in exchange a of all but the most immediate and “de facto suspension compelling protections provided by the This especially, is taking place on a Convention.” continent on which all refugees hosting states are party to the Geneva Convention, the 1969 OAU Convention, and a number of human right treaties, which has contributed to undermining the importance of the Conventions. In light of this, the standard of treatment or protection accorded to prima facie refugees even become more complicated, in the absence of both clear legal status and clear guidelines on what they are entitled. Conventional rights would only be automatic, if they are presumed to be refugees within the definitions of the Geneva Convention. State practice in this regard especially in Africa varies considerably. This section will discuss the practical aspects of treatments offered in Africa, specifically Kenya; which is selected as a case study. The general legal framework and practice of refugees recognized through the procedure in the country will be addressed. 5. 2 Prima Facie Refugees in Kenya 5.2.1 Introduction The government of Kenya policy to restrict refugees in camps has violated rights of refugees guaranteed under the Geneva and Human Right Conventions. It has placed an “encampment whereby refugees are obliged to reside in camps to qualify for assistance, and those policy” found outside are classified as illegal aliens and subject to punishment including deportation. Most importantly the treatment offered contradicts the human right obligations of the government. In light of these restrictions, the rights of refugees in camps are grossly violated
recognition that states’ responsibilities towards refugees can be differentiated according to the scale and timing of the refugee movements states are confronted with. When faced with a sudden and a mass influx of refugees, some states may be not just unwilling, but simply unable to comply with their Convention obligations. As a result, while states do admit large numbers of refugees, they demand in exchange a “de facto suspension of all but the most immediate and compelling protections provided by the Convention.” This especially, is taking place on a continent on which all refugees hosting states are party to the Geneva Convention, the 1969 OAU Convention, and a number of human right treaties, which has contributed to undermining the importance of the Conventions. In light of this, the standard of treatment or protection accorded to prima facie refugees even become more complicated, in the absence of both clear legal status and clear guidelines on what they are entitled. Conventional rights would only be automatic, if they are presumed to be refugees within the definitions of the Geneva Convention. State practice in this regard especially in Africa varies considerably. This section will discuss the practical aspects of treatments offered in Africa, specifically Kenya; which is selected as a case study. The general legal framework and practice of refugees recognized through the procedure in the country will be addressed. 5. 2 Prima Facie Refugees in Kenya 5.2.1 Introduction The government of Kenya policy to restrict refugees in camps has violated rights of refugees guaranteed under the Geneva and Human Right Conventions. It has placed an “encampment policy” whereby refugees are obliged to reside in camps to qualify for assistance, and those found outside are classified as illegal aliens and subject to punishment including deportation. Most importantly the treatment offered contradicts the human right obligations of the government. In light of these restrictions, the rights of refugees in camps are grossly violated
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