HIDDEN IN PLAIN VIEW:

REFUGEES LIVING WITHOUT PROTECTION IN NAIROBI AND KAMPALA

Human Rights Watch

New York · Washington · London · Brussels

ISBN: 1-56432-281-5

Library of Congress Control Number: 2002114404

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.

Alison Parker/Human Rights Watch

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We investigate and expose

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Human Rights Watch conducts regular, systematic investigations of human rights abuses in some seventy countries around the world. Our reputation for timely, reliable disclosures has made us an essential source of information for those concerned with human rights. We address the human rights practices of governments of all political stripes, of all geopolitical alignments, and of all ethnic and religious persuasions. Human Rights Watch defends freedom of thought and expression, due process and equal protection of the law, and a vigorous civil society; we document and denounce murders, disappearances, torture, arbitrary imprisonment, discrimination, and other abuses of internationally recognized human rights. Our goal is to hold governments accountable if they transgress the rights of their people.

Human Rights Watch began in 1978 with the founding of its Europe and Central Asia division (then known as Helsinki Watch). Today, it also includes divisions covering Africa, the Americas, Asia, and the Middle East. In addition, it includes three thematic divisions on arms, children_s rights, and women_s rights. It maintains offices in New York, Washington, Los Angeles, London, Brussels, Moscow, Tashkent, Tblisi, and Bangkok. Human Rights Watch is an independent, nongovernmental organization, supported by contributions from private individuals and foundations worldwide. It accepts no government funds, directly or indirectly.

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 regional directors of Human Rights Watch are Peter Takirambudde, Africa; José Miguel Vivanco, Americas; Brad Adams, Asia; Elizabeth Andersen, Europe and Central Asia; and Hanny Megally, Middle East and North Africa. The thematic division directors are Steve Goose (Acting), arms; Lois Whitman, children_s; and LaShawn R. Jefferson, women_s.

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.

ACKNOWLEDGEMENTS

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.

Human Rights Watch would like to thank the Leonard H. Sandler Fellowship Program, the Oak Foundation, and the Ford Foundation for their generous support of this project. Human Rights Watch is also indebted to UNHCR, Goal, the Jesuit Refugee Service, the Refugee Consortium of Kenya, the Refugee Law Project, government officials, and numerous private citizens of Nairobi and Kampala who generously assisted us in the course of our field research.

Most of all, we would like to thank the one hundred and fifty courageous refugees who shared their stories with us for this report.

TABLE OF CONTENTS

INTRODUCTION 1 1

SUMMARY 1 1

METHODS 4 4

RECOMMENDATIONS 6 6