On 10 November 2013 the Kenyan and Somali governments signed a tripartite agreement with the UNHCR on the fate of Somali refugees following months of negotiations. The agreement is to allow for the ‘voluntary’ repatriation of more than half a million refugees from Kenya to Somalia over a three-year period. While this is a sign of positive collaboration between Kenya, Somalia, and the UNHCR, and emphasis placed on the ‘voluntary’ nature of repatriation is encouraging, the agreement insufficiently address the issue of protection for refugees.
The Somali government does not have the absorption capacity needed to receive and resettle significant numbers of refugees from Kenya safely and humanely. The institutions responsible for a task of this scale are either chronically weak or nonexistent. Many of the factors that led hundreds of thousands of refugees to flee Somalia remain. A high proportion of the refugees are from regions that remain under the control of Al-Shabaab. Recent security gains are fragile and punctured by repeated terrorist attacks.
Economic recovery is slow and barely reaching the most vulnerable communities in Somalia. The cost of living is soaring. Infrastructure is in shambles. Land disputes are common and often violent. The Somali government and private landlords are now forcefully evicting IDPs in Mogadishu, many of whom recently arrived and have nowhere else to go. The IDP population in and around the city continues to swell as the government and International NGOs renege on commitments to establish new, safe, and sanitary camps outside of the city. The conditions within Somalia are not adequate to commence large scale repatriation of refugees. Vulnerable refugees must be returned to secure settlements where they can reestablish their lives.
Kenya has legitimate security concerns, particularly following the appalling attack on Westgate mall in Nairobi. Rhetoric concerning the culprits of the attack, however, has endangered both the refugee and non-refugee Somali community in Kenya. The recent short-sighted statement by the Kenyan vice president, suggesting that refugees ‘have become a shield’ for terrorism, has further endangered an already vulnerable community.
The welfare of innocent Somali refugees must be factored into Kenyan domestic security concerns. Repatriation efforts must be carried out in phases. Conditions must first permit for a voluntary return of refugees with guarantees of full protection. Adequate housing should be made available to the returning refugees. Without sufficient planning refugees will simply become IDPs in their own country lacking the meager support they are entitled to in Kenyan camps. A comprehensive arrangement, taking into account the welfare of the refugees, the security of the region, and the ability of the Somali government to absorb them into the society, is the only viable and humane solution. We warned of a “hasty repatriation” in our report back in March, you can read the full report here.
Note: This blog was originally posted on the website of The Heritage Institute for Policy Studies.