A presentation to RAB at Lake Elementaita, Serena Camp on 28th May

2015

1Presentation by Cecilia Kanyoni: Protection Officer DRA

TOPICS TO COVERKey features of refugee protection

Institutions relevant in managing refugees in Kenya

Introduction of important processes and concepts as domesticated by the law

Presentation by Cecilia Kanyoni: Protection Officer DRA

2

DEFINITION OF PROTECTION

All activities aimed at obtaining full respect for the rights of the individual as expressed in international human rights, humanitarian, and refugee law‘to protect life and health and to ensure respect for the human being

Presentation by Cecilia Kanyoni: Protection Officer DRA

3

INTRODUCTIONKenya has been a host to refugees since independence.

In the 1990’s there was an influx of refugees and thus UNHCR assisted the government in handling refugee matters as the government was overwhelmed.

The refugees were handled by the immigration docket and there was no specific national law to deal with them except the 1951 UN Convention and its Protocol of 1967 and the 1969 OAU Convention

In December 2006 the president assented the Refugees Act N0.13 of 2006 into law and it came into commencement in 15th May 2007.

The Act provided for the establishment of Department Of Refugees Affairs which is the department which handles refugees matters in Kenya. (sec 6 of the Refugees Act)

4Presentation by Cecilia Kanyoni: Protection Officer DRA

KEY FEATURES OF REFUGEES PROTECTIONRefugees like other kenyan citizens deserve

protection. The key features of protecting refugees are:-

ReceptionRegistrationRSDDocumentationOther Protection features

5

Presentation by Cecilia Kanyoni: Protection Officer DRA

RECEPTIONSec 11 of the Refugees act 2006 provides for a

duty to an asylum seeker to make his intentions known on entry into the country within 30 days and the said asylum seeker shall be received by a refugee officer as per Regulation 3 of the Refugees Act regulations 2009.

It is the duty of the refugee to present him/herself to the government for registration.

Reception therefore is the process where the asylum seeker presents himself to the government and makes his intentions known as to why he is in the country.

6Presentation by Cecilia Kanyoni: Protection Officer DRA

REGISTRATION

Registration of refugees captures 2 components:

Bio data - captures physical attributes of the applicants such as finger prints, passport photo, nationality, date of birth of the person of concern among others.

Civil data - captures names, origin, residential, marriage status, telephone numbers, permanent address, employment, educational background among other data of the person of concern.

7

Presentation by Cecilia Kanyoni: Protection Officer DRA

DOCUMENTATIONDocumentation serves an important protection

function: Legal status – ensures non-refoulement and

prevents harassmentOne of DRA’s functions is to “issue refugee IDs

and travel documents.” (Sec. 7 (2) (j)) of the Refugees Act 2006.

Documentation is a right. (Section 14) Refugee identification pass. (Section 15)

8Presentation by Cecilia Kanyoni: Protection Officer DRA

…..continued

TYPES OF DOCUMENTS ISSUED BY THE GOV’T

Refugee ID Card- valid for a period of 5 years.Waiting cardAsylum seeker pass – valid for one year. Is proof of

legal status in Kenya.Movement Pass – For travel outside designated

areas.Recognition letter – Issued after RSD. Conventional Travel Document (CTD) – For travel

outside Kenya except back to their home country.Pupil pass – Issued to refugee students.Work permits – Class M.

9

Presentation by Cecilia Kanyoni: Protection Officer DRA

INSTITUTIONS RELEVANT IN MANAGING REFUGEES IN KENYADepartment of Refugee Affairs (DRA) – (Sec 6)Refugee Appeals Board (RAB) – (Sec 9)Refugee Affairs Committee (RAC) –(sec 8)Others

NCCK NRB Civil Registration Department (CRD) Department of Immigration CID Judiciary NGO’s and other stakeholders

10Presentation by Cecilia Kanyoni: Protection Officer DRA

REFUGEE STATUS DETERMINATION (RSD)Refugee Status Determination (RSD) is the

formal process through which asylum seekers go through to determine if he should be granted refugee status by the host country. RSD process is provided for under Regulation 18-30 0f the Regulations of the Refugees Act 2006, laws of Kenya.

It involves interviewing the applicant and assessing his answers to determine if he qualifies for refugee status. If the application is rejected then he can appeal to the RAB.

11Presentation by Cecilia Kanyoni: Protection Officer DRA

OTHER PROTECTION FEATURES The Department provides refugees with

recommendation letters that assist them to have access to

• Business; Class M work permits • Various education institutes • CID good conduct• Education;• Medical;• Employment;

12

Presentation by Cecilia Kanyoni: Protection Officer DRA

INTRODUCTION OF IMPORTANT PROCESS AND CONCEPTS AS DOMESTICATED BY LAWPrima facie status (sec 3 (2))RSD Non-Refoulement (sec 18)Durable solutions: Voluntary repatriation,

resettlement and local integration (sec 7 (e))Cessation (sec 5)Exclusion, (sec 4) Cancellation and Revocation (Sec 20)Vulnerable groups protection and consideration

(Sec 23)

13

Presentation by Cecilia Kanyoni: Protection Officer DRA

SUMMARY….

HIGH COURT OF KENYA

Refugee Appeals Board (RAB)

Technical Advisory Committee (TAC) (If recognized as a refugee the document given is a GoK

Recognition letter to later be given a Refugee ID Card)

REVIEW

ASSESSMENT

INTERVIEW

RECEPTION (Document given is an Asylum seeker Pass )

Presentation by Cecilia Kanyoni: Protection Officer DRA

14

THE END

THANK YOU

15

Presentation by Cecilia Kanyoni: Protection Officer DRA