HIDDEN IN PLAIN VIEW:REFUGEES LIVING WITHOUT PROTECTION IN NAIROBI AND KAMPALA Human Rights Watch
Copyright © November 2002 by Human Rights Watch.
ISBN: 1-56432-281-5
Cover photos: An Ethiopian refugee rests June 20 2001, outside the offices of the United Nations High Commission for Refugees in the outskirts of Nairobi where he has been camped for weeks awaiting processing of his papers. Photo by George Mulala. (c) 2001 Reuters Limited Room in Kampala, Uganda housing approximately sixty Somali refugees.
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The staff includes Kenneth Roth, executive director; Michele Alexander, development and outreach director; Rory Mungoven, advocacy director; Carroll Bogert, communications director; Steve Crawshaw, London director; John T. Green, operations director, Barbara Guglielmo, finance and administration director; Lotte Leicht, Brussels director; Patrick Minges, publications director; Maria Pignataro Nielsen, human resources director; Joe Saunders, interim program coordinator; Wilder Tayler, legal and policy director; and Joanna Weschler, United Nations representative. Jonathan Fanton is the chair of the board. Robert L. Bernstein is the founding chair.
The members of the board of directors are Jonathan Fanton, Chair; Robert L. Bernstein, Founding Chair, Khaled Abou El Fadl, Lisa Anderson, Lloyd Axworthy, David Brown, William Carmichael, Dorothy Cullman, Irene Diamond, Edith Everett, Michael Gellert, Vartan Gregorian, Alice H. Henkin, James F. Hoge, Jr., Stephen L. Kass, Marina Pinto Kaufman, Wendy Keys, Bruce Klatsky, Joanne Leedom-Ackerman, Josh Mailman, Joel Motley, Samuel K. Murumba, Jane Olson, Peter Osnos, Kathleen Peratis, Catherine Powell, Bruce Rabb, Sigrid Rausing, Orville Schell, Sid Sheinberg, Gary G. Sick, Domna Stanton, John J. Studzinski, Shibley Telhami, Maureen White, Maya Wiley. Emeritus Board: Roland Algrant, Adrian DeWind, and Malcolm Smith. This report was written by Alison Parker, acting director of refugee policy at Human Rights Watch. The report is based on field research in Kenya conducted by Alison Parker from April 2, 2002 to April 6, 2002 and from April 16, 2002 to April 24, 2002. It is also based on field research in Uganda conducted by Alison Parker and Juliane Kippenberg, Human Rights Watch Africa Division NGO liaison, from April 7, 2002 to April 16, 2002. Additional research assistance was provided by Ruth Allen, Karen Barnes, and David Burkoff, interns to the refugee policy program. Rachael Reilly, refugee policy director; Peter Takirambudde, director of the Africa Division; Binaifer Nowrojee, counsel to the Africa Division, Juliane Kippenberg, Africa Division NGO liaison, Jemera Rone, senior researcher, Suliman Baldo, senior researcher, Alison des Forges, senior researcher, Michael Bochenek, counsel to the Children's Rights Division; Widney Brown, advocacy director of the Women's Rights Division; Ian Gorvin, consultant to the Program Office, and Jim Ross, senior legal advisor, edited the report. Production assistance was provided by Solome Lemma, associate to the refugee policy division, Veronica Matushaj, photo editor; and Patrick Minges, publications director.
TABLE OF CONTENTS INTRODUCTION 11
To the Government of Kenya 66
BACKGROUND: REFUGEES LIVING IN NAIROBI AND KAMPALA 1717
Introduction: Why Refugees Come to Nairobi 2727
PROTECTION PROBLEMS FOR REFUGEES IN NAIROBI 3636 Unsafe Housing or Lack of Housing: Fear, Attacks, Robberies, and Rapes 3636
REFUGEE STATUS DETERMINATION IN KENYA 5555 PROTECTION FAILURES IN THE STATUS DETERMINATION PROCESS 6464 Responsibility for Status Determinations 6464
PART II: REFUGEES LIVING IN KAMPALA 7575
Introduction: Why Refugees Come to Kampala 7575
PROTECTION PROBLEMS FOR REFUGEES IN KAMPALA 8585 Physical Protection Problems for Newly-Arriving Asylum Seekers 8585
Uganda's Relations with Refugees' Countries of Origin 9090
REFUGEE STATUS DETERMINATION IN UGANDA 107107 Registration 108108
PROTECTION FAILURES IN THE STATUS DETERMINATION PROCESS 114114 Responsibility for Status Determinations 114114
Lack of Adequate Information 115115
Uganda's Political and Military Interests - Potential for Bias 120120 PART III: CAMP CONFINEMENT POLICIES IN KENYA AND UGANDA 126126
Inadequate Humanitarian Assistance in Camps 126126
WHY REFUGEES LEAVE UGANDA'S CAMPS 135135 Inadequate Humanitarian Assistance, Medical Care, and Education in Camps 135135
RESPONSIBILITY FOR CAMP CONDITIONS 144144 CAMP CONFINEMENT POLICIES 148148 EXAMINATION OF CAMP CONFINEMENT POLICIES UNDER INTERNATIONAL LAW 151151 Camp Confinement Policies as a Violation of Freedom of Movement 152152 The Lawful Presence of Refugees in Kenya and Uganda 153153
Long-term Camp Confinement Policies as Analogous to Arbitrary and Indefinite Detention 155155 PART IV: POLICY CONSIDERATIONS 161161
Introduction 161161
POLICIES AGAINST SECONDARY MOVEMENT 168168 The European Genesis of Policies Against Secondary Movement 168168
RESETTLEMENT AS AN IMPORTANT PROTECTION TOOL 176176 Resettlement Fulfills the Responsibility to Protect Refugees 176176
Continuing Problems in Nairobi: The Aftermath of the UNHCR Corruption Scandal 178178
Kampala: Inadequate Resettlement Referrals for Prima Facie Refugees 184184
CONCLUSION 190190
Kenya-Related Documents 193193 "I have no place to go-I am just like the air blowing around, no place
(refugee boy in Kampala, Uganda) "I said that I am a UNHCR mandate refugee. The officer said, "What is
(refugee man in Nairobi, Kenya) INTRODUCTION |