Refugee status determination in Kenya and Egypt

Abstract

"The plight of refugees is becoming more prevalent in Africa with the intensification of conflicts in most countries in Africa especially the Great Lakes region. This means that there are more people fleeing from the conflicts. How refugees are identified and accorded status is very crucial to the protection of their rights. There have been serious complaints and cries from refugees and human rights organizations on the treatment of refugees by the state in Kenya and the UNHCR in Egypt.

This study seeks to discuss the refugee status determination practice in Kenya and Egypt and how it affects the rights of refugees within their jurisdiction. This will give an insight in the protection of refugees’ rights in both countries. There is need to research on the possibility of an effective regime on status determination. Asylum seekers are vulnerable and have continued to suffer for lack of a proper framework to seek protection. The lack of specific refugees policies and laws have also put the refugees at the risk of being mistreated and their rights infringed upon with impunity by security agents and agents who should otherwise protect them.

Protection of refugees’ rights involves first of all legal protection, i.e. seeking to ensure that refugees are treated in accordance with internationally accepted standards including protection against refoulement, freedom from discrimination and the enjoyment of economic and social rights. Secondly, it entails action to promote the development of standards for the treatment of refugees through the adoption of appropriate legal provisions in national legislation and efficient and effective practices by the states. ... Chapter one will set out the content of the research, identify the problem and outline the methodology. Chapter two will discuss the international and regional refugees’ standards on status determination. The chapter will also discuss the role of the UNHCR and obligations of host governments in granting refugee status.

Chapter three will discuss the case studies. It will compare the refugee status determination regimes in Kenya and Egypt. This chapter will discuss what UNHCR and the government are doing on RSD. It will explore the underlying reasons they are done that way. Chapter four will analyse the extent to which Kenya and Egypt have complied with international and regional refugees’ standards on RSD and the way forward. Chapter five will draw a conclusion and recommendations." -- Chapter 1.