Global Leadership Training Programme in Africa

In Kenya, "Convention relating to the Status of Refugees (adopted in 1951)" was ratified in 1966, "Protocol Relating to the Status of Refugees (adopted in 1967)" was ratified in 1981 (these are so called Refugee Convention), "Convention governing the specific aspects of Refugee Problems in Africa (so called OAU Convention, adopted in 1969) was ratified in 1992. These treatments have become the basis of Kenya's refugee protection [Parliamentary Debates Question No.162]. However, Kenyan domestic refugee law was established in 2006, domestic refugee legislation was absent for more than 15 years although mass Somali refugee influx began around 1990. While absence of it, United Nations High Commissioner for Refugees (UNHCR) set World’s biggest refugee camps and carried out refugee registration in Dadaab, near the border between Kenya and Somalia, instead of Government of Kenya (GoK) [Hyndman & Nylund 1998]. Refugee Act was adopted in 2006 and was enforced in 2007. At the same time, authority of accepting Somali refugees has been handed over from UNHCR to Department of Refugee Affairs (DRA) from UNHCR, which was established with the enactment of Refugee Act. The installation of Refugee Act and DRA had Kenya step forward on advancing refugee protection, however, GoK has decided officially closed its border between Kenya and Somalia. GoK tried to prevent the inflow of an Islamic terrorist group, Al-Shabaab and ensure the safety of residents and refugees in Dadaab. In general, border closure can make it difficult for refugees who try to flee from Somalia to enter Kenya across the border. However, actually, amount of refugee influx became larger than before the border closure and in 2011, the number reached the peak in the past 20 years. Moreover, contrary to the original aim, the criminal acts and attacks by the terrorist group was increased and protecting Somali refugees fell into difficult situation. In previous research on protecting Somali refugees in Dadaab refugee camp, it has been discussed in mainly three viewpoints, (1) prima refugee protection on mass refugee influx [e.g. Albert 2010, Hyndman & Nylund 1998], (2) National security [e.g. Long 2010] (3) protracted refugee situation [e.g. Crisp 2003, Lindley 2011]. Since these have often been discussed as a separated theme despite of focusing on the same case, it was hard to see how they link each other and questions had been scattered. Therefore, it is necessary to clarify complex dynamism of protecting Somali refugees and analyze relationship those three points of view within a certain period. Thus, research question is set as follows. First, regarding to the protection of Somali refugees in Dadaab refugee camp, why were two contrary changes, which were establishment of Refugee Act and beginning of border closure between Kenya and Somalia run in 2006-2007? In addition, how did the humanitarian organizations which are DRA, United Nations Agencies, NGOs, and individual refugees challenge such a difficult situation?