“Human ‘warehousing’ not only violates the rights of refugees, it also impinges on the national sovereignty of hosts and often threatens peace and security between hosts and source nations and their neighbors. Warehousing generally involves allocating vast chunks of territory to foreign administration, not only in the distribution of rations but in exercising several key aspects of sovereignty such as refugee status determinations and even basic law enforcement.”

-Merrill Smith of the U.S. Committee for Refugees and Immigrants, speaking on International Politics and Humanitarian Action

“Some refugees are not allowed to travel since they don’t have ration cards or their ration cards got de-activated by the UNHCR after rejections on the Refugee Status Determination (RSD) procedures in Kakuma and hence left unrecognized, so none of the NGOs in camp can offer them any assistance that are required by the refugees or asylum seekers while many of them have been living in the camp.”

-KANERE journalist speaking on the right to movement and lack of protection after living in Kakuma Camp for six years facing RSD rejection

“I always wish to visit my people in Tanzania, but I heard the Kenyan laws do not allow and I wish to know what does the Kenyan law say about going abroad? I have ten years now staying in Kakuma Refugee Camp missing all my family and relatives.”

-Simon commenting on the right to movement outside Kakuma Camp without a UNHCR-issued permit

“Refugees want words to be replaced by actions when they speak about refugees as real people with real needs. Much emphasis is placed on the actual refugee situation as opposed to refugees’ real sufferings. However, the [humanitarian] agency staffs who speak on their behalf do not feel it exactly.”

-A refugee community leader, commenting on the World Refugee Day celebration at Napata Grounds in Kakuma Camp

“But it’s not always accessible. Sometimes we have electric power shortage and the cyber cafe itself is not enough. I felt dark for the period of no network service and alternatively, the only help is if NGOs could establish other network services in the camp.”

-Tamrat, a young Ethiopian man, commenting on the impact of not having reliable internet services in the camp

“They should at least give the youth simple jobs such as cleaning or any job that does not require much skills. Why should they recruit people from as far away as 500km they can get them here?”

-Eyinei Samuel, a Kenyan Kakuma resident and youth leader, commenting on local Turkana public demonstrations on what they termed as lack of rights

To all KANERE readers here and abroad:

Hello! We apologize that our May-June issue was not published in time due to a lack of the internet service and funds to run the operations as scheduled.

As a new incoming chief editor, Qaabata Boru, I recognize and thank our former editor, bethany ojalehto, for all her efforts. Her great inspirations and dedications have brought considerable changes in the Kakuma Refugee Camp.

Throughout May and June Kakuma was dusty from the wind that blows frequently for almost the whole month. Temperatures were very high. World Refugee Day on June 20th was also celebrated by all the NGO staff and refugees, and a bloody murder occurred among other events.

We are strengthening our commitment to a free press despite the challenges and limitations to carrying out operations.

KANERE appeals to any interested donor to fund the project.

I welcome all comments and contributions from all our readers on the planet.

Please address all correspondence to kakuma.news@gmail.com.

Many thanks,

the KANERE Editor,

Signed.

By Merrill Smith

To what extent do international politics impact UNHCR’s humanitarian action? Merrill Smith comments on the political interests that shape international refugee protection, from warehousing to “voluntary repatriation” to resettlement, and advocates a balancing of political and humanitarian concerns through integrative protection approaches.

Merrill Smith is the Director of Government Relations and International Advocacy for the U.S. Committee for Refugees and Immigrants and the Editor of the World Refugee Survey.

The 1951 Convention relating to the Status of Refugees, international legal scholars, and most States consistently define refugee protection as humanitarian action rather than a political endeavor. A unique asset of refugee rights, among other human rights, are their relatively unambiguous respect for the internal affairs of sovereign states—the bedrock of the international order from the Peace of Westphalia to the UN Charter. The right to vote in host country elections, for example, is not among the extensive Bill of Rights of the 1951 Convention protection and understandably so. Refugee protection is inherently temporary and a host nation does not volunteer to alter its polity just by protecting refugees. The 1951 Convention does not invent or import new rights into a country. The most it asks is that hosts merely extend to refugees rights they already grant others—at most it asks them to treat refugees on par with nationals, it never privileges refugees above citizens. Refugee protection implicates international responsibility sharing but only to help host nations uphold these relatively minimal, yet vital standards. Allowing refugees the durable solution of naturalization may be a political choice, but the temporary local integration the Convention requires is not.

Refugee protection should not be interpreted as an act hostile to the source nation either. The humanitarian, non-political nature of refugee protection derives from the refugees’ respectively unambiguous crossing of what is often fashionable to deride as the “imaginary lines” of international borders. The locations of borders are indeed historically arbitrary and often defined by power more than right. But even if they often lie where the actual differences between one country and its neighbors seem smallest, they are where States assert their formal distinctions with greatest force. Of course, harboring another country’s exiles may imply at the very least that it is unable to protect its own citizens if not that it actively persecutes them. The humanitarian character of refugee protection, however, is the balm that prevents a source country from elevating a putative injury to its pride into a threat to its national security.

Human “warehousing” not only violates the rights of refugees, it also impinges on the national sovereignty of hosts and often threatens peace and security between hosts and source nations and their neighbors. Warehousing generally involves allocating vast chunks of territory to foreign administration, not only in the distribution of rations but in exercising several key aspects of sovereignty such as refugee status determinations and even basic law enforcement. Arbitrary justice systems that claim to be “traditional” or “customary” often apply reactionary, despotic standards that are in fact found nowhere in either the laws of the host or even the source nations, let alone international law.

Warehousing is also virtually an open invitation to rebel groups to violate the humanitarian character of refugee protection by using camps as bases of operations, sources of funds—either through levying informal taxes on refugees or diverting aid, facilities for combatant rest and recreation, or sandbox sovereignties where they impersonate governments administering captive populations. Rebel groups, however, are generally the small fry of refugee manipulation compared to some international donors. The United States has one of the most egregious records. Its deliberate arming of Afghan mujahedeen in the camps in Pakistan is only the most obvious example, complete with the most disastrous consequences. Host countries also use warehoused refugees along with expendable ethnic minorities among their own populations as human buffer zones between them and their neighbors.

UNHCR can only do what fits in the intersection of what international donors will pay for and what hosting countries will allow. To make the World Refugee Survey as visually interesting as well as factually substantive, we like to include illustrative photos of refugee situations. One source of high quality photos is UNHCR and, with proper crediting, they come at an unbeatable price, namely, they are free. Curiously, however, the depictions of refugee repatriation among them are so numerous one might get the impression that refugees do nothing but return and wonder how there could be any left! Of course, UNHCR advertises its aid to the repatriation of refugees because that is what donors and hosts most want them to do: help them wash their hands of refugees, not protect them. (See James Hathaway for a fascinating discussion of how the refugee industry coined the expression “voluntary repatriation” and christened it a “durable solution” whereas the 1951 Convention uses neither phrase. Only refugees’ re-establishment in their home countries—a much more demanding standard—triggers a cessation of their status.) I suppose photos depicting what the vast majority of refugees do for the vast majority of the time they are in exile—struggle, suffer, or just wait in stultifying rights-deprived environments—would be just too depressing either for states or for well-intentioned humanitarians.

Resettlement is notoriously politics-driven. The United States has set some of the most egregious examples with distinct historical favoritism toward refugees fleeing the persecution of communists rather than that of its own allies. Even family reunification priorities, however, are arguably more political than humanitarian. Lenin famously clarified the distinction of politics from justice as a matter of who-whom (rather than right-wrong). Communal nepotism is no more a humanitarian principle than overt political bias. Nevertheless, formerly resettled refugees are an effective political constituency for resettlement of their relatives rather than others whose need may be greater.

How do we keep politics out of refugee protection? We probably cannot do so completely, as long as it involves states and people with political ambitions. Human beings have interests. That’s normal. If we set ourselves up in battle against human nature we will surely lose, even as we escalate the sentimentality of our message. A better course of action might be to shrewdly balance some self-interested political constituencies with others to achieve more humanitarian outcomes. A good example of this is how the Malaysian Trades Union Congress entered the debate about granting some kind of work permit to Indonesian refugees from Aceh in Malaysia. Business leaders wanted captive labor without the right to change jobs. The labor activists recognized this as a threat to the labor standards and bargaining power of Malaysian workers. By coming out in favor of refugees’ right to work—without employer sponsorship restrictions—instead of taking a xenophobic approach, however, the MTUC helped win some 30,000 refugees’ right to work with freedom of choice and legal protection.

On the international scale, we might persuade donors that protection can be more effective if their aid would support more integrative approaches. We might persuade hosts that they may use this aid to strengthen their capacity to help refugees along with their own people with education, health, and other services rather than simply abdicating responsibility altogether. If donors and hosts allow it, we could promote community hosting alternatives to refugee warehousing, much as the best resettlement is done in the West but in the region even at perhaps lower cost.

Volume 1, Issue 5-6 / May-June 2009

Some of the Sudanese refugees in kakuma refugee camp claim that they are not ready for repatriation.

It was in 2005 after many of years of bloody war between Sudan government and Sudan people for liberation front (SPLA) reached to an end. Often both party signed peace agreements in Kenya.

Thousands of Sudanese refugees in Kenya, Ethiopia, Uganda, and other parts of African countries had showed a great interest and since they have suffered and the long wish left unfulfilled.

The first official Sudanese repatriation started in 2005. This repatriation process involves three parties: UNHCR, Kenyan government and country of origin. According to the kakuma repatriation unit agent they supported 19,801 returned from Kenya out of 25,119 were spontaneously.

However, number of Sudanese refugees in Kenya, especially Equatorians signed residents claims that they are not ready for repatriation right now. According to the refugees they feel that they do not believe that they will be protected if they to right now.

Thy fear to twin life threat.” people say there is peace in Sudan but no peace . people are killed everyday in Sudan specially in our area eastern equatorial state, many villagers are killed and their cattle are rustled which is purposely organized by Sudan government in order to alleviate the meaning of durable peace which is a rearing to Sudan.” say Afatio Sudan refugee equatorial community member.

Another Sudanese refugee said it is true peace by two parties South Sudan SPLA and Sudan government but the implementation was not done. Clarifying his statement Thom said border demarcation and security arrangement and some of the agreement, which were, totally forgot to be implement. In general, the agreement remained in papers

Afatio still claim that UNHCR in one way or other forcing us to repatriate and agreement was signed

Kanere approached the repatriation agent for to confirm the concerns of such fear of Sudanese refugee. UNHCR, Kenya government and S.Sudan government agreed to repatriation activities and UNHCR to verify the peace of the country. “We can not repatriate refugees with out verification.” Said the agent.

“We believe there is real people who should not be delayed because of those who does not want. Therefore, we come with new strategy that individuals reach for going to receive the cash grant. “We are given cash money which is enough to repatriate them to the places in Sudan where they will stay for time being until they find their relatives and get other transportations up to the last destination. A lot of support will be given like supporting them with shelter materials and priority for the job opportunities.

On conclusions it has been observed that there is weakness on the side of the agencies on mobilization and creation of awareness to the refugees on the current situations of southern Sudan, so those individuals know what’s really happening back there.

Additionally, this is very important to Kenyan government to control illegal movement from southern Sudan to Kenya which influences the refugees from southern Sudan going back to their home land.

Posted in Humanitarian Services ]]> http://kakuma.wordpress.com/2009/07/16/sudanese-anxeous-on-their-repatriation/feed/ 0 KANERE http://kakuma.wordpress.com/2009/07/16/world-universities-service-of-canada-empoweres-kakuma-refugees/ http://kakuma.wordpress.com/2009/07/16/world-universities-service-of-canada-empoweres-kakuma-refugees/#comments Thu, 16 Jul 2009 07:44:11 +0000 KANERE http://kakuma.wordpress.com/?p=854 ]]>

Volume 1, Issue 5-6 / May-June 2009

25 refugees students who completed their secondary school education embrace unusual opportunity of joining Canada university each year.

Despite the poor performance of camp schools most of refugee students who learn in the national and private secondary schools outside the camp perform very well but a limited number of them get chances to pursue their tertiary study either at local or overseas universities.

Windle charitable trust wct / wtk select these few young boys and young ladies who are below 25 years of old then prepares them for TOEFL examinations and research paper work. The communities in the camp appreciate the program and plead to WSCU officials to increase the intake from kakuma camp

“The WSCU scholarship not only offers an opportunity to development but also is a sign of recognizing humanity of refugee.” a Rwandan elder said.

Refugee are victims of internal bad governance and external political general conflict. Education paves way for development and finds solutions that satisfy many needs of refugees can be part of desirable changes when they are educated

However many refugee questions the use of education in a land that is considered to be exile by the refugees in kakuma camp. “The education in kakuma refugee camp has no meaning where the refugees are always complaining that their human rights are not meant to compete for a managerial position when he or she is educated even though highly qualified than the national or international staffs.” a former UNISA graduate refugee said.

This is not only concern that refugee raised, some feel that they are not allowed to have money. There are so many unskilled jobs from agencies. However, refugees have not right to seek and get these jobs. Some said that they are segregated from labor market. “Refugees can be cleaners, messengers, water gardeners, and do many other jobs. These jobs pay a lot of money which refugees do not entitled to.,” a Burundian refugee said.

Refugees want to learn and be given opportunity to be part of the global development. Western, Asian and African refugees are equal and could be given equal opportunities to exploit their talents. Anybody can be in this situation but ultimately become a world leader.

Volume 1, Issue 5-6 / May-June 2009

Under Five Years Children Life in Kakuma Refugee Camp

An estimated average of 30 babies is born every week in the camp main hospital while one child is born either at home or on the way to hospital.

The life of children depends on parents understanding ability to provide care in this camp. Parents do not plan to have children and when to have them. Under normal circumstances the couples work and save enough before having the child. Mothers should be prepared and determine how the child’s life will be in the first five years after birth, community health planners say.

Here in the camp it is not the case. ‘Husbands and wives spend many hours together and they are attracted to have congenital pleasure very often resulting to pregnancies. In this situation the child who is born will have little care from the parents. Every thing depends on money.’ a 38 years old refugee mother who has six children said.

Due to diverse culture of refugees in Kakuma, family planning has been accepted at a slow rate. This becomes the duty of health planners and community health workers to ensure that children born in their first five years are healthy.

A community health worker describes their work, “Our people need to be talked to every now and then. We encourage them to breastfeed exclusively until six months. However, still they introduce animal or tinned milk at birth.’’

Most mothers in the community are not educated and they quickly understand the advises from fellow community members. In the same communities’ water, camel or sheep and goat milk even shop product like glucose are introduced at birth.

As part of nutrition awareness creation to the community, there are many signboards put alongside the camp main road educating about balancing diet and importance of breastfeeding.

However, the locally distributed food ration does not include vegetable and fruits. The signboards reads ‘Pillars of good diet’ or ‘chakula bora=mwili wenye afya-akili yenye afya-nafsi yenye afya ’meaning ‘good diet=healthy body-healthy soul-healthy intelligence’.

A refugee mother questioned the truth of the message ‘yes, we are taught to balance the diet but the diet provided to us is less balanced. Simply the providers do not want our children to be healthy and intelligent’ she said, ‘whose blame is it?’ she asked.

She pointed at the children born in the camp; many of them are eighteen years old now. Many of them are in the schools and the general performance is very poor.

Implementing agencies makes a considerable effort to prevent, maintain, rehabilitate and cure infections in this category of children. All children must be immunized against Tuberculosis, poliomyelitis, tetanus (which is given to the mother during pregnancy), diphtheria, hepatitis B, hemophilia influenza and measles at clinics.

There children rooms at clinic that speeds up the consultation and treatment when they are sick. They are given the medicines to take at home. When the sickness is severe, they get admitted in camp hospital Pediatric ward.

Malaria, pneumonia and diarrhea diseases are most common in children in the camp. Some mothers whose children were once admitted in these hospital expresses their worries.

This is the mother whose two children were admitted in 2000 and 2006 respectively’ I recognize the IRC assistance to refugees. However, my children got disability from its staffs. My two boys bear injections scars on their upper legs that I think will not disappear.’ She expressed.

She does not know which medicine was injected to her children and what can be done for her children’s scars to get healed.

Another health concern is traditional practices in the camp. It has, to great extend, been given consideration. When the children teeth start erupting they get sick very often. In some communities they believe that it is a strange disease that kills the children.

The teeth are traditionally removed leaving the child pains. Children whose ‘milk teeth’ are removed take many years to have their permanent teeth. The tools used are not sterilized and there is likelihood that they may acquire infections.

Refugee children do not face only health problem in the camp. Before the South Sudan repatriation start in 2005, children aged between 3 to 6 years old could be enrolled in the baby classes. Thought the life situation seems hopeless, this was a great opportunity to the future of these refugees.

The program was stopped in what UNHCR called ‘scaling down Sudanese education’. Non-Sudanese parents wonder if education was meant for one refugee community or refugee community as whole.

We are not here for our fault. Some of us education is cut off. Our children too are denied it. Time is running and they are growing older. This is against poverty eradication strategies. A former LWF staff who sought anonymity said. ‘These agencies are supposed to promote early child education than talking on budget and yet we don’t know how much is proposed, how much donors commit and how much is cut off.’ He added.

Children who are in the camp like any other child in the world did not choose to. They do not have citizenship, their ethnic, tribes and races are just inherited from their parents. These children have feeling and emotions like any child born in USA, EUROPE, ASIA, any other capital city of Africa.

While in the camp, they have no entertainment either from parents or agencies. In some communities Kiswahili a national language has taken the place of their mother tongue.

All the children under five years in the camp are the most vulnerable to different locally available infections. Parents have no means or good knowledge to offer a better health care for them. Their destiny is unpredictable and they learn violence daily either from peer or environment.

However, the observation made in the camp, indicate that children from two years like to attend school.

There should be special consideration from available funds to cater for children’s mental, physical and social needs.

A better care for these children is a world peaceful future.

Volume 1, Issue 5-6 / May-June 2009

Hinderance on the Traveling Documents and Right to Movement.

Some refugees in kakuma felt that their movement rights are violated since they have been facing unseen difficulties from the offices of authorization in the kakuma refugee camp. Unlike citizens, a refugee to travel legally from kakuma to any other place in Kenya has to apply for the traveling document in which the reason for traveling is stated among other information and this may depend on the many of the reason that are not know by the refugees and they traveling missions are stopped in the some of the cases.

Refugees who wish to travel always must fill in a traveling document from where the applicants fill there personal details of the exact information that are contained in the

UNHCR database.

The traveling document are available to refugees through their respective community leaders from UNHCR protection unit and clearly labeled that “the forms are free of charge” but in the local refugee markets there are sold.

After the forms are filled the applicants goes to the officer at the department of the refugee affairs who will later endorse all traveling forms that reaches that office and forward it to the UNHCR for verification and to process of the traveling movement pass.

The process took long period of time before the traveling movement pass was issued by the UNHCR office.

Refugees who wish to travel on their missions get blocked on their way since they don’t have the movement pass but many of refugees do travel to Nairobi without the traveling document from the UNHCR and by their own means ,most refugees can reach to Nairobi and other urban centers.

When the kanere journalist reached the UNHCR, they get blocked and were denied access to information on a public grounds.

Some refugees are not allowed to travel since they don’t have ration cards or their ration cards got de-activated by the UNHCR after rejections on the Refugee Status Determination (RSD) procedures in kakuma and hence left unrecognized, so none of the NGOs in camp can offer them any assistance that are required by the refugees or asylum seekers while many of them have been living in the camp.

The time lag between the application and approval seems to be a problem for those who are called urgently to meet with their friends and relatives. Kanere approached many refugee individuals and got their claims and concerns over the restrictions of movements in Kenya. “I was called one day to meet my brother who came from USA in Nairobi. He had few days to stay in order to proceed to Uganda to get married I failed to meet him, after a long time of missing him years since we are separated and due to the traveling document it took me too long to wait for the permit pass.” John said john in an interview with kanere journalist.

Though the time lag had been of recent shortened, the hindrances remains to those who wish to visit relatives abroad.
” I always wish to visit my people in Tanzania but I heard the Kenya laws do not allow and I wish to know what does the Kenya law says about going abroad.? I have ten years now staying in kakuma refugee camp missing the all my family and relatives,” Simon said. Traveling documents solve some problems but are a hindrance in some situations most importantly, refugee wish to be allowed to visit relatives at least in neighboring countries.

Kanere journalist attempted to consult the officer of migration at the Department of the Refugee Affairs[D.R.A] the officer was busy on 10/06/2009 but a staff at the office who seek anonymosity commented that the DRA is doing heavy work for refugees in the camp that these office of DRA is free to be accessed by all refugees “we at the DRA are doing our best .we do what is in our capacity quickly, refugees can always have access to our office and we forwarded to the other concerned issues to the UNHCR and it takes longer periods of times as refugees were saying but services are better than before.”

In the conclusion, according to the refugee information source refugees were controlled from moving out the camp where as who ever travels without the concept of the UNHCR documentations and the local government authorities travel at his or her own risk and refugees were forced to confine in the camp and this is more than a warehousing situation .

The camp are not good place for human beings to live and especially for decades under similar unfair situations of living every day and refugees demanded changes from the international communities since every one is talking of the refugee issues are the international issues.

There should be changes to make camps a better place to stay and a more open democratic society where the refugees tags are removed , “them” should also remain like other human beings without tags or ration cards or numbers on their necks because refugees are human beings like other people on the plant, they were real people and realization of their human right are real needs.

Volume 1, Issue 5-6 / May-June 2009

Local Turkanas Demonstrate.

“NBOTE must go, OMA must go in this 24hours” chanted furious protester from kakuma local turkana over what they call marginalization of the host community responding employment by the UNHCR and implementing agencies in kakuma camp, north western Kenya.

Anyway demonstration converged to the offices of the united nation high commissioner for the refugees and one of the Lutheran world federations and other implementing agencies on fourth may.

The protest, which resumed on the following day exalted into a violent collision between the police officers and the protestors leaving many people injured as was along reported by BBC Swahili service on the evening of 05/05/09.

Tension and fear spread all over kakuma refugee camp and it is neighborhood because UN and NGOs operations were brought to a grinding stand still.

No vehicles of UN or implementing agencies plied kakuma town for fear of being attacked and some service at the camp stopped the same day following the turmoil.

“They should also think about our problems. We are jobless. They are not giving jobs, instead they employ people from very far regions while we remain jobless a protester commended in an interview with kanere correspondent.

Despite dialogue between the UN, the local leaders and government official to bring the situation to normal, the full week as from 4^th to 10 may remains uncertain is not logical because they should rather claim their rights from the government. “As we are here to serve the refugees.” LWF Humanitarian said.

After two weeks of discussion between the three parties, no settlement of the controversies was reached.

This come to affect as from 19^th where by education sector closed doors “until further notice” and schools are closed.

We heard that the Turkana’s sent a threatening massages that our organization LWF should stop operating in the camp” an agency officer confirmed.

He added that even a list of “unwanted humanitarian workers was circulating

According to anonymous sources from the host community, they presume there officers contribute much to their misery by terminating contracts or denying jobs to the local Turkanas.

They should at least give the youth simple jobs such as cleaning or any job that does not requires much skills. Why should they recruit people from far away as 500km they can get them here EYINEI Samuel youth leader commended .

They even pay incentive like refugees to our people. This is total discrimination, another kakuma resident criticized. Notations are still under way in order to bring about a solution to the problems

Volume 1, Issue 5-6 / May-June 2009

A man murdered at the break of the dawn in kakuma two phase II of kakuma refugee camp, Kenya.

A refugee man who was identified as Ergalem Temellese, Eritrean, refugee was murdered on 28/5/2009 by unregistered man under the UNHCR who was later identified as Bulcha Badasa who claimed to be Ethiopian refugee. This date was on the 20^th May 2001 according to Ethiopian calendar which marks the 18^th anniversary day of Ethiopian People Revolution Democratic Front (E.P.R.D.F) in Ethiopia.

This incident makes situation more complicated since this looks of a more political intruders comes into the camp, may live within the refugee communities, and left unrecognized.

The death of Ergalem was very astonishing and made people fearful. The two had been living together as friends for now two year because they came together from Shashamane town back in Ethiopia. They were living inside a temporary shelter like any other refugees at Kakuma II phase II of the camp. According to Bulcha Badasa during an interview with Kanere Journalist at Kakuma police station on the 29^th may 2009.

When Kanere asked him why he committed such crimes, he could not clearly figure out reasons why.

According sources from the communities, Bulcha killed Ergalem while he was sleeping, with a heavy object described as stone that hit his head as the medical doctor from kakuma mission hospital stated on the second day. “I have never seen this before in my life. There was a big crack on the head of this victim and all this bleeding was a result of the internal bleeding. A heavy stone of approximately ten kilo gram’s might have hit his head.” said the medical doctor.

“I have killed him and I’m done. I just surrendered myself to Kenya police because I know I cannot escape. I will be okay with any kind of decision made on this case by the government”. Said Bulcha Badasa. Bulcha claimed that he murdered Ergalem since they had political differences that force him to fled Ethiopia.

During an interview with Kanere Bulcha stated that he arrived in the camp in 2005 but Eritrean community leader stated that Bulcha arrived in 2007 and was not registered refugee under UNHCR. According to the community leader he acknowledge that Bulcha is a registered, so this is not a care that concern with UNHCR but the Kenya Government but the question remain on the UNHCR on how Bulcha gets into the camp? Refugees some source; how did he have consideration to be provided with shelter, food and medical at kakuma refugee hospital when he committed suicide?

Many rumors and speculation goes around the Eritrean and Ethiopian community in Kakuma one that Bulcha was an expert killed where he had and also attempted to murder several refugees in the neighboring communities like Uganda, Sudan and in Kenya. “after he fled from Uganda on unidentified circumstances he came to Nairobi, Kenya where he was imprison for six (6) months for murdering an Ethiopian refugee by name Ably in 2007, said anonymous refugee source.

Additionally, before Bulcha came to Kakuma Refugee camp he chopped off on head of GETANA known refugee to Eritrean leaders. Fortunately, Gatana survived and Bulcha managed to escape to unknown place for some time but the victim got resettlement to Canada between 2002-2003 according to sources.

Neighbors stated that Bulcha was been threatening to kill Eritrean by sharpening machete for several days. “I personal felt load on the death of Ergalem, who reported to me the matter and also police station and Ergalem was arrested by a police officer at Kakuma 3 and kept in the cell for three days.” Said anonymous refugee at Kakuma 2 phase 2.

In 2006, the murderer committed suicide by stumping himself seven (7) times in his stomach and was admitted to Kakuma Refugee camp Hospital

Volume 1, Issue 5-6 / May-June 2009

Kanere Welcomes 2009 World Refugee Day Theme: Real People Real Need

The 20th June 2009 world refugee day celebrations kakuma refugee camp was an eventful day compared to the past years.

Unlike the past years celebrations were organized by the NGOs. The entertainment teams from the refugee communities were and did not fail to impress despite the day being hot and the sun burning to the core. They were later served with soft drinks and biscuits.

20th June 2009 portrayed an image of equality between refugees and Agency staff.

Hundreds of refugees and their community leaders attended the celebrations but their expectations were not met, “we hoped that food ration will be increased and much efforts to assist refugees to become self reliant , resettlement and insecurity concerns were not satisfactorily yet our humanity compromised”, an equatorial Sudanese refugee told kanere.

Refugees in this camp, many of whom have stayed longer in the camp have experiences in agencies speeches. They say that it has been a tradition to speak about rights of refugee either in the refugee camp or in the media but little is realized. Refugees want words to be replaced by actions when they speak about refugees as real people with real needs, much emphasis is placed in the actual refugee situation as opposed to refugees real sufferings. however the agencies staffs who speak on their behalf do not feel it exactly.

Kanere expresses the sufferings of real people with real needs, among the people who have spoken to kanere some refugees had their comments. “One of the kanere publication I read of February with great insight . “It is the real voice of refugees in kakuma, I hope that it can bring changes in the camp in the near future,” a Somali refugee said.

Refugees hope to voice their opinions through their single trusted free press kanere.

However, the survival of any refugee here in the camp depends entirely on donations. Since its inception, voluntary kanere refugee journalists have been reporting in the camp.

On this great day, government and other persons concerned with refugee affairs celebrate the day. Refugees express their different concerns through songs, cultural dances and poems like the Heads of the Agencies who expressed their concern that they will going to support the refugees with protection, shelter, food, education repatriation and security . “I thank international community and all donors whose hearts are touched by this living situations and gave their money for refugees not to die.” Said an Ethiopia-Oromo old man on the ground.

Refugees are warehoused in the camp and every two weeks they go for their food ration distribution. “I don’t celebrate the 20th June because our daily life in the camp reminds me of my status that I have in the camp and I don’t see much reasons as to why I live.” Rwandan refugee student said.

The day should remind people on power in every nation to think about the causes of becoming refugees and then allow democratic governance to take place in their countries When this is done refugees will repatriate voluntary in their full dignity as human beings.

Kakuma refugee camp celebrate the day while it continues to host about 40,000 thousand refugees from nine different nationalities of east –central, southern and horn of Africa.

Volume 1, Issue 5-6 / May-June 2009

Re-Opening of the Camp Schools: About Local Demonstration.

Schools operating in Kakuma refugee resumed on 2^nd June 2009 after an abrupt closure due to turmoil that entered the host community residents protest.

The seventeen schools which include ten primary schools, one secondary school and six pre-schools closed their doors after announcement from education officers.

The officers relayed message to all heads commencing the closure of all education activities ‘until further notice’.

Student had to roam in their community for two weeks without clear reason why they were sent home and when schools could reopen.

This followed a turbulence that started from Kakuma town host with repercussion to the refugee fraternity after the locals went for demonstration to the UNHCR and NGO’s offices demanding their ‘rights’

After a period suspense, students remained frustrated as the activities close unceremoniously.

According to a secondary school teacher, the information was blurred and did leave him confusions because there was no formal briefing about what was happening.

‘we do not know when we are going back to school and now it is boring staying at home without knowing when this will end’, a form one student at kakuma refugee secondary school said.

This however was manifested when a few students from the secondary school took the street to manifest their anxiety following the suspense with banner that read ‘we need peace in the camp’ we want our schools reopened’, they matched towards LWF Offices, the agency that provides free education service to the refugees, so as to request the reopening of the schools.

Parents too were not spared in that confusion. ‘I decided to take my daughter to Luma (a private school). Now I will be compelled to pay for the days she spends there’ a parent commented.

The move to reopen schools came to effect after dialogue between the locals, NGO’s and the United Nations High Commissioner for Refugees (UNHCR) reached a settlement.

Volume 1, Issue 5-6 / May-June 2009

The Five Day Kakuma Christian Camp at Angelina Jolie Girls Boarding School.

For the first time kakuma Christian youth assembled in, they termed youth camp at Angelina Jolie boarding school from 22^nd to 26^th April 2009 for a retreat.

The forgiven team, a youth association and branch of the international Pentecostal holiness church (IPHC) organized the event.

The camp main objective aimed at bringing together young refugee Christians for a five days recursion where by participants shared their Christian experience with the peer regardless of their denominations.

This is just the beginning and we are so delighted that it is a success since the activities were carried out smoothly as we planned and I believe the youth got revive spiritually, Patrice NDIKUMANA, the coordinator of the association commented.

Little did they have to finance the activities however, thanks to well wishers, monthly from Christian churches around the camp and from the local community and other Christian fellowships campers managed and were so delighted to see their dream being materialized “our contribution was very small and we could not actually raise the amount we spent on camper.” Said one of the campers during an interview with the kanere journalist.

It is estimated that the total cost amounted to sixty thousand Kenya shillings for expenditures which included breakfast, lunch, supper and the fuel for the generator. Preaching and teaching were the main activities tailored at reviving the youth in matter regarding their commitment to serve God. Discussion and debate also nourished the camping activities in refer as they took opportunity to discus current issues challenging the youth notably HIV/AIDS, love and marriage, sexuality, leadership and spiritually calling among others.

The camping did include sport activities too. On the render- Vons, football, netball and valley ball were played. Talent show was also at the program and this game the youth opportunity to share their talent like sing and comedy play.

NDIKUMANA excitedly recommends a more vibrant that would attract more youngsters to participate in the activities. Although this time, only a hundred attended the organizers are optimistic that youth will join massively the next camping which date is yet to be rescheduled.

There are estimated of fifty Christian churches within the kakuma refugee camp and the host community and these were represented thro the youth during the event.

The event was hosted by LWF and NCCK for the musical instruments and the Christian fellowship of compound one (lwf) and compound two (unhcr) assisted the campers financially.

Volume 1, Issue 5-6 / May-June 2009

Comments on Distribution of Non-Food Services by NGOs in Camp.

I would like to commend LWF for distributing upgraded sanitary pads to the women in the camp.

By upgraded I mean the quality, unlike the past where they used to distribute tiny clothes with polythene linings inside, to make matters worse, the women were expected to re- use them, I don’t have to explain the gross procedure of making them usable again.

Anyway, they are doing a great job. One thing though, the next time, they plan to distribute panties, they should get the right sizes for everyone, how the hell do they expect a six year old girl to wear extra large panties, from what I know, we don’t have obese girls in the camp, at least not in the conditions we live in.

I am not complaining but it would be good if they distributed after every two months, I mean how do you give someone, a packet of eight pads and expect her to use it for more than one month, they are not re- usable! And I hope am making sense.

Now, now, one of these days, men are going to be forgotten in almost everything as women are being pampered and I am talking in reference to the camp situation. I know being dependent has killed our men’s ego but that’s how life is, here.

Still, there are those who work so hard that if God were strike today, they would be the richest. I assume that some stuff distributed could be of good use to them, lets say soap, come on, they don’t undergo menstrual cycle but they need to bath, how about they also get to be given underwear, its not only a woman’s thing you know.

I am already thinking of distribution of kids’ toys, but shit, as if it is not a necessity will come up so I better shut up.

Volume 1, Issue 5-6 / May-June 2009

From My Diary at Food Distribution Center September 19th 2007.

Fatuma her name and sex changed to protect her privacy. Let alone being a refugee or being in exile and how hard everyday life was for being a victim of HIV/AIDS.

In addition to her refugee life, the camp circumstances doomed her shape and was always waiting and counting for the next food ration. She rations only for two weeks to live and consume economically for the limited days. What was given and available. Her logic of basic right are in relation to basic needs irreconcilable. Refugee and the others are equal where it comes to the amount of ration received being a victim and service one more days has no special treatment all must stand in queue .

At the last day of ration distribution in the camp, known as complain day. She day, which those who missed their ration may get second chance to collect food rations. Fatuma was among them. She had one card of family size one and supposed to only receive 6kgs flour, oil, lentils, salt. Those who are kind and have income may give her their card for her to collect the food ration but that was the only option of her survival and she has to live by. She is thin, her face skin color becomes pale, and her lips lost its nature and become red and dry.

She has been waiting an hour to get her ration. It possible the ration card was still in her hands. She waits an additional one hour. She queued line standing still. the line does not move. No one pass through the gate and collect the items, which listed out, on the centerboard. Lastly, after complains from eagerly awaiting refugee.

The distribution starts in what looks like people in a slow motion towards the coopers. On reaching at rationing points there are some items missing: Maize was given half. Oil absent. Uji (porridge) also not here. Everyone obeys the rule; “never! why some food items missed? what you have given? you the master of the feeding supply!. Fatuma shouted, she added my ration- this not the amount this are not the listed items we have been waiting. the food distribution supervisor surprised as if fatuma is looking like a sick woman.

I was by her side when I saw her, what I missed does not touch me like her but I know she was living alone. She is a HIV/AIDS positive. When she reaches at the place of oil print or drops to what refugees describes was got finished at the spot and she was given nothing. ” it just got finished and today is complain day” said a staff at distribution desk. However, it had not finished at the nearest store, which is fifty meters away. As she walk to maize line no maize, “pass it quickly” said a scooper . it was half of ration which one observes as as imaginary existence . She has only had wheat flour to fight for existence to sustain her life.

No one strongly ask why this is my ration. People fear to raise and ask? some they need their card not to be punched because if the card is not punched today, they will miss in next food ration- this is second rule then the card got erased completely by people like me in this camp and this really fair? Fatuma said angrily and weak. Her lips were dry when reaches at the exit point before the card to be punched; last item is soap that was not there. Why all this? She shouted again and tried to argue but no one gave attention.

It is common for servers and some of them are the fellow refugees staffs but they can not assist because they were incapable. No one cares for Fatuma , no one realized she is fighting to exist to live as human being in small part of this world and To continue living one more day possibly to reach the next distribution cycle.

Volume 1, Issue 5-6 / May-June 2009

The Impact of not Having Network at the Cyber Cafe in the Camp.

Tamrat an Ethiopian young man commented that the Internet is very important in the refugee camp. It is timely media for current affairs of the work and exchange of ideas specially sending and receiving documents. It is also important to the people who deal in net work marketing “but it’s not always accessible. Some times we have electric power shortage and the cyber cafe itself is not enough, I felt dark for the period of no net work service and alternatively the only help is if NGOs could establishing other net work services in the camp” said Tamrat in an interview with kanere.

Ashenafi an Ethiopian refugee at (UNISA) distance learning degree program that having internet in the camp is important. Its center for effective communication of friends, family and official matters without any external barriers. Net work marketing also goes together he stated. this cyber café is mostly used by refugee partially those who have knowledge and skills of computer. “I wish UNHCR could intervene in establishing other server in the refuge camp so that competition take place for better service and fair price of refugees, we had no any communication for about two months, apart of friendly communication many students lost several session with their lecturer twice in a week and that was very painful since early march.” said ashenafi during the interview.

Festo a young man from Burundi community commented that the refugees benefited from this refugee run cyber café. “People from different part of world come together through the media and internet interactions so we are always busy in the internet especially in the looking up for sponsorship or scholarship to finish the college or the university courses that individuals are undertaking before they fled their countries of origin so we do not just sit and wait for UNHCR” said Festo. F or the past two month the internet users really felt sad and get blocked out of communicate anywhere in the world and many elite refugees claims that its like they lost a basic need or a belonging for that matter.

Kate Ugandan girl 22years commented that the importance of some thing is known when you lose it. There was no network here for the long time. I really how refugee camp
Internet is important for the refugees especially for those who and not working in the NGOs’ offices. I have access to internet in my office where I am working but I use refugee cyber café when our network is down.
“Actually very many refugees suffered from lack of communication with their friends and relative in different work due to the network interruption since march towards May and I can conclude that missing internet is like losing your clothing sans waking naked around “ said Kate in an interview with kanere.

Gebe an Ethiopian 21 stated that he was a fun of the internet.” In fact for the first time when I heard that internet service is started in the camp I’m so exited its safe and fasted means of communication source of information as well,” said gebe
Gebe stated that he do use internet five days in a week and he has many of his friends whom they internet through in the internet he concluded that it would be nice thing on the earth if all refugees are educated about the internet and were provided with the free internet service in the camps since only few people can afford to pay for the charges of using the internet.” Said gebe during his interview with kanere journalist.

Abebe Gutama commented that the impact of not having a cyber café in the camp was very bad. He stated that he use cyber café every days of the week to communicated with family and friend “when cyber café shut down I felt terribly sad. I lost all the communication and I feel I was just blocked from news, education or information, e-mail is much cheaper than telephone and I feel internet is getting to be a basic need” said Abebe in an interview with kanere journalist. According to Abebe several cyber café should be opened in a refugee camp to bring camp into more light and free internet service should be provided to refugees once in every two weeks like the food distribution cycle.

Peter – Sudanese UNISA student “Internet service in the camp is very important. That is the only way that we feel that we are the part of the world. Scholar program uses internet line from refugee JRS. Internet services are used to communicate with our lecturers and do group discussion with some of the students in South Africa, UNSA students.
On my free time, I do communicate with the rest of my friends in many countries; in addition, that is the only way for me to do job search with Agencies in Sudan Program. For about two months when there was internet problems in the camp, actually we missed a lots of communications in fact I felt that I got isolated from the world”

Abel Congolese young man commented that having internet service is very interesting in the refugee camp. It creates many opportunities to many refugees in terms of communication, working in NGO and have access to internet in the office where I’m working. However, during holidays and weekends, I do browse in the refugee cyber café is like having a free world.
Although it has not affected me much, the absence of internet service in the camp for about two months impacted negatively to very many refugee and local community members who has no internet access in the NGOs offices”

Saidi Atoli, Kenyan, commented that it is very much important for the refugees and the surrounding host community members to be provided with the free internet services,
It is cheaper and timely media of communication. These days’ person prefers internet or e-mail than letters and phones communications.
Refugee camp internet is the only one way we have been using for communication on job search, learning purposes and for current news as the newspaper; coverage is low in this area making lively comments to our refugee free press. In the absence of the internet the camps life gets affected.
On my experience, I applied job through internet and waiting for response. I could not check the reply because network was down for the past two months. Lastly, when I access to it I found the organization set me an interview schedule and the dead line has already passed. Any way, I can say it is only here in kakuma refugee camp has good internet in the large turkana district.
Here, I suggest that the agencies should assist the refugee and the host communities by establishing the broad band Internet machine so that large number of people to access internet services. For example, I was working in Sudan and I know UNICEF, fixed very good internet machine for Rumbek youth in the purpose of income generating activities and why should not NGOs do the same in kakuma?

Volume 1, Issue 5-6 / May-June 2009

TORTOISE IN THE STORM.

Tortoise in the storm

From Darfur to Kivu, from the Ogaden to Kasai

From Mogadishu to Gulu, from Oromo to Bujumbura

From Tigris to Kigali.

Blistered souls moving in all directions

But in no direction

Peripatetic and in uncaring for horizon, for all is

Horizon with dark spiteful cloud

Grappling with sour memories of roaring guns,

Thundering bombs, mutilations, destructions

Tortures and massacres

Crawling on rough paths and treading through rugged terrains with cold misty nights

In isolation and quietude, uncertainty and pain

For home is no place for comparison, its distant obscene

Makes its presence more real in its unreality

As the silent night comes to console the laddered soul

But there is hope, hope for the living

The meandering river at last collapses on the bosom of the sea

The prodigal clouds return to the fold of its waves

A bright light glows at the end of the tunnel

If you and I can shelter the real people, with real needs

From the torrents of the storm

Lets care for the living, real people, real needs!

By Jumbwike Sam Aggrey.

Volume 1, Issue 5-6 / May-June 2009

LOST.

Head down, as I watch my feet hit the ground

I close my eyes, where am I heading.

I do not know

Everything around me stands still

As if, I am in a bad dream

And I am unable to wake up

And then I realize, am not dreaming

That’s my life, am actually living it

Not dreaming it

Everything that I hear am sure nobody else does

Everything that I see, nobody else sees

All the sadness, all the wailing

I wish I could close my eyes and ears

So that I would never have to see or hear

There is no place to hide

I have to face life head on

I just have to, like others have.

All decisions are made for me

It is like I am mindless

Any suggestion I give

Is not good enough

I am a living dead

Only I can’t be buried alive

I always wonder where the dead go

When you die, you are no longer a refugee

I do not want to feel hopeless

But I have bee made to feel that way

By powers that be!

My time will come.

Volume 1, Issue 5-6 / May-June 2009

In the mirror of human rights.

Born of mother and father;

Bears brand of sufferings;

Begs the for life;

Bound with chain of refuge;

In the mirror of human rights;

Refugees are born to suffer?

Delighted in the donors’ mercy heart;

Desired medical care, better feedings;

Discussed on table of agencies;

Disposed to extreme sun shine or coldness;

In the mirror of human right;

Refugees are born to suffer

Little is done to respect humanity of refugee;

Long it has taken;

Look! Some ask how a refugee looks like;

Light has come through sponsorship;

Lo! Government official were once refugees

Today you decide on the fate of refugees;

Tomorrow a refugee will decide on your fate;

Teach refugees the best you want them to do;

Tarry not your days are running;

In the mirror of human rights;

Refugees are sons and daughters of our society.

Neither by powers nor by rights;

Nature dictates you never chose;

Now African, American, European, Asian, or Australian.

Not knowing the origin is the same;

In the mirror of human rights;

Tell the world-is it charity or rights?

Volume 1, Issue 4-5 / March-April 2009

By Zachary Lomo

Does UNHCR have an obligation to uphold the human rights that are essential for refugees’ free and full development as human beings? Are there any circumstances where a refugee could take UNHCR to court for failing in this regard?

Zachary A. Lomo, LLB (Makerere), LLM (Harvard), directed the Refugee Law Project of the Faculty of Law, Makerere University from July 2001 to August 2006. He co-authored RLP Working Paper Series, Behind the Violence, on the causes of the war in northern Uganda, Negotiating Peace, and Whose Justice? He is currently reading for his doctorate in International Law and Refugees at the University of Cambridge.

The answers to these questions depend on one’s view about international law and its functions. My answer is yes and I will explain shortly; UNHCR has an obligation to uphold the rights and freedoms of refugees and should be sued by a refugee who has suffered harm resulting from UNHCR’s actions and omissions or plainly its decisions, policies, and practices.  I reach this conclusion because I share the view of other international lawyers, such as President Rosalyn Higgins of the International Court of Justice, that international law is a ‘system of ordered conduct’ that is ‘harnessed to the achievement of common values – values that speak to us all, whether we are rich or poor, black or white, or any religion or none, or come from countries that are industrialized or developing,’[1] and I would add, whether refugee or not, international organisations in their classical sense or subsidiary organs of these international organisations or private voluntary agencies. The classical and positivist international lawyer – one who asserts that international law is a set of rules or the ‘law as it is’, i.e., law as written in the statute books or treaty or what states, following long practice and tradition, accept as law or the courts say is law – will counter this process and normative system-based perspectives as mere policy and politics and not law.

From the perspective of the positivist international lawyer, the answer is likely to be ‘NO’ – UNHCR has no obligation to uphold the human rights of refugees – because there is no rule of law in any statute or treaty that explicitly states that UNHCR has a duty to uphold the rights of refugees. This school of thought of international lawyers would emphasize the rights of UNHCR to access refugees and to formulate programmes of action to provide protection to refugees and counterbalance any abuses with some statistical analysis of the overall good to refugees of UNHCR’s work. In other words, the question of upholding the rights of refugees is best addressed to states and not an international organisation such as the UNHCR. These lawyers and realists will speak, for example, about the reality and inevitability of encampment of refugees and the need to improve conditions inside them.  Any other ideas will be dumped into the dustbin of ‘policy and politics’, which are not part of law.

I have problems with these mechanical and state-centred view of law, international or otherwise and will state that YES, UNHCR has an obligation to uphold the human rights of refugees whether in situations of encampment as is the case in many countries in the global south, and Africa in particular where refugees, as a matter of black letter law and policy refugees are encamped, or where refugees have chosen to live outside the refugee camps and settlements. If international law is a normative system with ‘authoritative decision-making’ for achieving common values, such as the full enjoyment of human rights by refugees as human beings, then the Charter of the United Nations, human rights law, general international law, and the Statute of the Office of the UNHCR read together  provide sufficient basis for asserting that UNHCR has a legal obligation to uphold the rights of refugees and to treat them as human beings and not mere passive victims and recipients of aid, humanitarian or otherwise.

The Statute defining the powers and functions of the UNHCR provides a starting point to explaining the obligations of UNHCR to respect and uphold the rights and freedoms of refugees. Article 1 of the Statute provides, among other things, that UNHCR ‘shall assume the function of providing international protection, under the auspices of the United Nations, to refugees…’ and Article 8 of the Statute stipulates nine means by which the UNHCR will provide protection to refugees falling under its authority. The provisions of the Statute, read together with United Nations General Assembly resolutions 319 A (IV) of 3 December 1949 and 428 (V) of 14 December 1950 that established and defined the powers and activities of the UNHCR can be said to have laid down a ‘system of ordered conduct’ for the High Commissioner, aimed at the ‘achievement of common values’ – the protection of the human rights of refugees and helping states to finding solutions to the refugee problem.. These in effect give UNHCR rights as the sole subsidiary organ of the United Nations to provide protection to refugees, which is a universal common goal for all peoples of the world. The right to provide protection to refugees, however, entails the duty to uphold the rights of refugees. It is not enough for UNHCR to develop procedural standards for states parties to the 1951 Refugee Convention in order to fulfil their obligations for protecting refugees; UNHCR itself must be seen to respect and uphold the rights of refugees.

The drafting history of the Statute suggests that the drafters intended UNHCR to be the guarantor and upholder, for lack of a better word, of the human rights of refugees as defined by the Statute and later the 1951 refugee Convention and this is clearly captured in the idealism and imagery of the language of some of the members of the respective delegations that debated the draft statute both in the General Assembly of the United Nations and its Third Committee on Social issues. One member of the French delegation to the United Nations, Mr. Rochefort, while contributing to the debate on the draft statute during the 325^th Meeting of the Fifth Session of the General Assembly, urging other delegates to support the establishment of the UNHCR, stated that UNHCR is the ‘new ark, which bears the hope of so many refugees throughout the world…’ The imagery of the ‘new ark’ reminded delegates of the Biblical Noah’s Ark that saved Noah’s family from the torrential rains and the ensuing floods and conveys a powerful reminder to delegates of the ‘floods’ of human rights abuses that produce refugees and that refugees face in exile and the necessity for establishing an organisation such as UNHCR to guarantee and protect the human rights and freedoms of refugees such as freedom of speech and free press, religion, association, movement, and access to education and health. Crucially, it also means that refugees have the right to participate in all the activities designed for their common good, including challenging policies that proscribe their rights and freedoms.

In the second place, as a matter of international law, UNHCR has a legal obligation to respect and uphold the rights of refugees because it possesses international personality, that is to say, it possesses rights and duties as a distinct legal person.[2] This means that it can sue and be sued although in practice, as will be explained later, it is technically, i.e., in the positivist sense, impossible for refugees to sue UNHCR in courts of law for harm or injury suffered. Another characteristic of possessing personality in international law is responsibility for injury or harm caused by the actions and omissions of an international legal person. While the Statute never explicitly stipulate that UNHCR has international legal personality, we can explain the attribution of international personality to it by reference to the authority and tasks assigned to it in the Statute and subsequent resolutions of the General Assembly of the United Nation and by analogy to the principles on attribution of international personality to an international organisation enunciated by the ICJ in the Reparation for Injuries suffered in service of the United Nation’s case, decided in 1949.[3]

In that case, the question of the international legal personality of the United Nations was addressed. The Charter of the United Nations never stipulated anywhere that the United Nations possesses international personality. The ICJ concluded that the international legal personality of the United Nations, and in effect that of any international organisation, can be deduced by ‘necessary implication’ from its competence, functions, and intention of its creators and on the basis of this the Court held that the United Nations has international legal personality of its own distinct from that of the states that brought it into existence. Borrowing from Court’s analysis, UNHCR was created by the General Assembly of the United Nations to realise a specific set of objectives – provide international protection to refugees and assist states to find solutions to the refugee problem – and it was given authority to perform tasks on the international plane. The set of activities stipulated in Article 8 of the Statute necessitate UNHCR to engage with different actors, both states and non-state actors in order to realise the overarching objectives for which it was created. Thus, Members of the General Assembly of the United Nations can be said, in the words of the Court, to have ‘clothed’ UNHCR ‘with the competence required to enable those functions to be effectively discharged.’[4] It follows that UNHCR has the right to provide international protection to refugees and the duty to respect and uphold the human rights and freedoms of refugees in the course of discharging its functions.

In the third place, international human rights law also impose an obligation on UNHCR to uphold the human rights and freedoms of refugees whether in refugee camps, settlements, or spontaneously settled.  From a positivist legal perspective, no such obligation exists because international human rights instruments are treaties between states that agreed to be bound by them. For example, the 1951 Refugee Convention assigns rights and freedoms to refugees and imposes obligations on states party to it to uphold these rights. While it gives UNHCR a supervisory role, it never imposes a direct obligation, as it has done with states, on UNHCR to uphold the rights of refugees. But from a normative perspective, namely, a perspective of international law as a normative system of ordered conduct that is harnessed to achieve a common value, in this case, the upholding of the human rights and freedoms of refugees, UNHCR has a legal obligation to uphold the human rights and freedoms of refugees as human beings with dignity. From this view point, the Charter of the United Nations and the international human rights instruments are not just a set or system of rules applicable only to states but a ‘system of normative conduct’, regarded as obligatory and binding on all those vested with authority and power – whether state or international organisations – for which any departures from the norm or its violations carries a cost.  Indeed, the preambular language of the Charter reflects this perspective:

“We the peoples of the United Nations

determined to save succeeding generations from the scourge of war, which in our lifetime has brought untold sorrow to mankind, and to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal right of men and women and of nations large and small, and to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and to promote social progress and better standards of life in larger freedom…”

This statement of the experiences of the peoples of United Nations and their determination to work towards a peaceful world anchored on faith in human rights, is then followed with specific purposes for the new Organisation articulated in Article 1; one of which is the ‘promotion and encouraging respect for human rights and for fundamental freedoms for all,’ of course including refugees. It follows that all actors, the United Nations, States, and other international organisations, including UNHCR, must uphold the rights and freedoms of refugees as intrinsic, inherent, inalienable to their full growth and development as human beings in all circumstances. This view of UNHCR’s obligation to uphold the human rights and freedoms of refugees differ significantly with some writers who see a limited obligation based on ‘particular circumstances of UNHCR’s exercise of its international legal personality.’[5]

Crucially, UNHCR’s obligation to uphold the human rights and freedoms of refugees is further reinforced by its control over the camps and settlements. In theory governments in many of the countries in the global south are in charge but the practice is different. In camps that I visited in Tanzania and Kenya in the autumn of 2008, and my own experiences with the refugee protection situation in Uganda, there are all the appearances of the governments of these countries being in charge but as one gets into the camp and starts to observe and interact with refugees, government, and UNHCR officials, the evidence of UNHCR operational control exercised over refugees and camps becomes apparent: it finances most of the programmes in the camps – water, health, education, security, and shelter – and all vehicles whether donated for the use of government officials or implementing partners bear not only its emblem but also unique number plates. And while one may need a clearance from government to enter the camp, UNHCR is the real gatekeeper into these closed cloisters. In some camps, it must approve permissions for refugees to leave the camp.  It actually exercises operational control over all activities in the refugee camps and settlements. These indicia of UNHCR’s operational control exercised over the camps entail obligations in international law and one of these is to uphold the rights and freedoms of refugees.

UNHCR recently appears to recognise the centrality of upholding the human rights of refugees to the performance of its functions. In, for example, its 2006 manual, Operational Protection in Refugee Camps and Settlements, a reference guide that ‘seeks to improve implementation of protection’ and ‘strengthening our working relationships with refugee women, men, girls, and boys as active and respected partners, who contribute to and take part in the decisions regarding their protection and future lives,’[6] UNHCR emphasizes ‘a rights-based approach’ as a crucial methodology of realising the protection of refugees. It states that ‘In a rights-based approach, human rights principles guide all programming in all aspects of the programming process, including assessment and analysis, programme design (including setting goals, objectives, and strategies); implementation, monitoring and evaluation.’[7]

While these are positive developments, as with all other manuals published in the past on refugee protection – on refugee women, children, and unaccompanied minors – for example, practice remains far from the rhetoric. In the refugee camps in Tanzania and Kenya, refugees I interviewed strongly felt that their rights and freedoms were not being fully upheld by UNHCR. Take, for example, participation by refugees in decision-making processes in crucial areas of their lives, such as repatriation, education, and freedom of movement and choice of residence. While acknowledging that they are sometimes invited by UNHCR to come to meetings, these meetings simply serve as place for UNHCR to inform refugees of decisions already taken by UNHCR, in collaboration with the government and implementing partners. Interviewees gave examples: to get refugees to start thinking about repatriations, the closure of secondary schools and small businesses, the reduction of food rations,[8] restrictions on freedom of movement, and delays in obtaining movement permits, arbitrary decisions and actions especially in refugee status determination or assessments of security threats or risks to individuals, and the lack of effective mechanisms for appealing negative decisions. In addition, refugees organising themselves into associations or free press often face hostility far greater from UNHCR staff than sometimes government organs.[9]

In the face of violation of their human rights and freedoms by UNHCR, can refugees seek the intervention of, for example, local courts? The General Counsel of the United Nations, in the current climate of the dominance of positivist legal thinking, within the United Nations, and international lawyers wary of ‘interference’ in the internal affairs of the United Nations, will answer ‘no’ citing the relevant article of the Charter of the United Nations (Art.105 (1)) and the Convention on the Immunities and Privileges of the United Nations on its privileges and immunities. Any attempt by a refugee to do so in a national court following an injury or harm suffered resulting from the acts, action, and omissions of UNHCR will be swiftly followed by a letter from that office to remind the relevant court about the jurisdictional immunity of the United Nations and all its organs, including subsidiary organs such as UNHCR, that operate in the international plane as independent legal persons.

In spite of this, I would still conclude that UNHCR has an obligation to uphold the human rights and freedoms of refugees. It would, borrowing from the International Court of Justice in the Effect of Awards of Compensation made by the United Nations Administrative Tribunal case, ‘hardly be consistent with the expressed aim of the Charter to promote freedom and justice for individuals and with constant preoccupation of the United Nations Organisation to promote this aim’[10] if UNHCR were not to uphold the rights and freedoms of refugees and to be held accountable by refugees where it causes harm or injury to a refugee or a group of refugees.

Zachary A. Lomo

[2] There are writers, especially those with United Nations work experience, who would dispute this assertion, arguing that UNHCR does not possess separate personality from that of the United Nations. On this aspect, see, e.g., P.C. Szasz, “The Complexification of the United Nations System”, 3 Max Planck Yearbook of United Nations law (1999) 6.

[3] See, Reparation for Injuries Suffered in the services of the United Nations [1949] ICJ Rep. 174

[4] Id., 179

[5] See, e.g., Wilde R., ‘Quis Custodiet Ipsos Custodes?: Why and How UNHCR Governance of “Development” Refugee Camps Should be Subject to International Human Rights Law’, 1 Yale Human Rights & Development L.J (1998)107, 119

[6] See, UNHCR, Operational Protection in Refugee Camps and Settlements: A reference guide of good practices in the protection of refugees and other persons of concern, Geneva, Switzerland 2006

[7] Id. 123

[8] When there is no alternative source of getting food in the camps

[9] From my interaction with UNHCR in Uganda, there are individual staff within UNHCR who not only subscribe to the ideals of incorporating human rights into the work of the organisation, they actually, often at great risk, including risk to their jobs, uphold the rights and freedoms of refugees rather than following operational imperatives in conflict with refugee rights and freedoms.

[10] See, Effect of Awards of Compensation made by the UN Administrative Tribunal [1954] I.C.J Reports, 47, 57.

Volume 1, Issue 4-5 / March-April 2009

Asylum seekers feel that basic standards of procedural fairness are not being upheld in the RSD process in Kakuma, and fear the consequences of rejections.

What happens to asylum seekers who live in Kakuma Refugee Camp for years and are rejected as refugees by UNHCR? Some flee to other countries; some disappear into the urban fringes. And some remain in Kakuma without food or services. They are waiting, they say, for UNHCR to change their stance on RSD rejection—but that hope is minimal.

KANERE conducted in-depth interviews with ten rejected asylum seekers currently living in Kakuma, and followed up on ten others who have migrated elsewhere. They share similar stories of rejections based on unclear evidence, and a feeling that basic standards of procedural fairness are not being upheld by UNHCR eligibility lawyers in Kakuma.

A rare second chance

Tilahun* is an Ethiopian refugee who was initially rejected by the UNHCR Eligibility Office in Kakuma. He arrived in the camp in 2005 after being persecuted in Ethiopia, where he was intimidated and tortured while imprisoned at a military camp in southern Ethiopia.

While in prison, he was visited by the delegates of the Red Cross of Addis Ababa. “That saved my life.” Tilahun was eventually able to escape prison and reach Kakuma Refugee Camp, where he encountered unexpected difficulties.

Despite being able to provide documentation from the ICRC verifying his visitation at Moyale Police Station, Ethiopia, Tilahun was rejected by UNHCR. The reason for rejection stated on his letter was credibility.

“I believe the problem must lie in that Eligibility Office and not in my case,” says Tilahun. “I escaped death in Ethiopia, I had documentation, yet no reason was given to me for my rejection.” (Following procedure, UNHCR did not provide specific reasons for why his testimony was judged not credible.)

After his rejection, Tilahun became depressed. He says that he does not have freedom in his “sense of living,” and feels that his life holds no meaning. “Survival is not easy in the camp. I don’t see why I’m alive and just keep on talking to myself.”

Finally, Tilahun’s case came to the attention of local Kenyan Government officials, and he was able to appeal to the Camp Manager. “I got my ration card through the assistance of the Camp Manager. Currently I’m getting food rations and I’ve also undergone UNHCR head count.”

Tilahun was fortunate to be assisted with a ration card after receiving a final rejection from UNHCR—many rejected asylum seekers are never given another opportunity to seek humanitarian assistance on Kenyan soil. But he still does not have recognition as a refugee: “Unfortunately, the Camp manager only recommended my case but he does not do RSD,” explains Tilahun.

The UNHCR rejections deeply affected Tilahun. “My eligibility interview was not fair, equal, or just! I was denied food, shelter, and protection between 2007 and late 2008. My life was totally sad and I was depressed.”

Living unrecognized

With the receipt of a final rejection letter from UNHCR, individuals are suddenly relegated to the most uncertain margins of society. Denied asylum in Kenya, they join the class of illegal migrants in Kenya; but afraid to go home, they often linger.

In the rejection letter, asylum seekers are informed to leave the camp within 30 days, after which time his or her ration card will be deactivated. “You are therefore not a person of concern to UNHCR. As a result, we have closed your file and we are unable to assist you,” states the rejection letter.

Some rejected asylum seekers take off for another country in hopes of gaining asylum elsewhere. KANERE followed up on the cases of four asylum seekers who made their way to Southern Sudan in search of a better standard of living. They say they make frequent visits to the camp to check whether UNHCR and the Kenyan Government have changed their stand on RSD rejections.

Two individuals are reported to have gone to Uganda, but KANERE could not reach them for comment. Another group of five rejected asylum seekers went to Nairobi, where they say they face many difficulties of insecurity and financial instability.

Living without UNHCR recognition carries many risks for rejected asylum seekers in Kenya. Many become isolated and do not freely interact with refugee communities.  KANERE spoke to ten rejected asylum seekers remaining in Kakuma Camp.

After an RSD rejection, asylum seekers are often confused and fearful about their life in Kenya. If they decide to remain in Kakuma, they face a difficult situation. Some Ethiopian refugees are educated and can afford to work with NGOs. But others are not educated, and after their ration cards are deactivated following a UNHCR rejection, they suffer economically and psychologically.

Rejected asylum seekers shared their grievances with KANERE: they don’t hold an identity, they are denied food, and there is no body responsible for protecting their human rights in the camp or Kenya.

The RSD process and establishing “credibility”

During the RSD interview, the Eligibility officer makes a detailed transcript of the interviewee’s responses, behavior, and demeanor during the meeting. A typical eligibility interview takes about two hours, sometimes more. Applicants may choose to use an interpreter, and the UNHCR office in Kakuma employs recognized refugees as interpreters for this purpose.

Before an interview, UNHCR Guidelines require that asylum seekers be informed about the purpose and scope of the RSD procedure, and the right to take a break. They should be informed of the obligation to be truthful and to make the most complete disclosure possible about their refugee claim.

Asylum seekers may also be accompanied by a legal representative during the RSD interview, but this rarely happens in Kakuma due to the absence of legal aid resources.

After completing the interview, UNHCR Guidelines require that the eligibility officer read back elements of the RSD interview transcript that are most relevant to the determination of the claim. Any part of the interview that seemed unclear, or where interpretation difficulties may have arisen, should also be read back. “Unless the applicant has had the opportunity to explain inconsistencies or evidence that is otherwise not believable, the Eligibility Officer may not make a negative credibility finding in the RSD assessment on facts that are material to the refugee claim” (4-10).

As a general rule, RSD decisions should be issued within one month after the interview, and should not take more than two months. Procedures for reporting mistreatment or misconduct should be disseminated to asylum seekers. UNHCR offices are required to set up procedures for comment and complaint regarding the services of interpreters, which should include follow up on complaints received.

The majority of rejected cases at UNHCR Sub-Office Kakuma are dismissed not because the asylum claim fails to meet the legal criteria for refugee status, but on grounds of “credibility.”

As one UNHCR Protection Unit official puts it, “A final decision for granting a person with refugee status comes after that person has given genuine information, accurate and well-founded reasons why he left his country and can’t return there. So one must prove this clearly and give evidence with true accounts, which most refugees are not able to prove and therefore cannot be accepted as refugees.”

KANERE attempted to reach the UNHCR Protection Officer to request statistics on the acceptance rate of asylum requests in Kakuma, but was unable to obtain information.

After a first-instance rejection, there is no channel for appeal through an independent body. Instead, asylum seekers must appeal to the same UNHCR office which rejected them previously. The reasons for rejection are not stated in either the first or second instance rejections from UNHCR. There is no independent body to monitor the RSD process of UNHCR, and rejected asylum seekers in Kakuma have limited recourse to legal aid or assistance.

Is procedural fairness upheld?

The rejected asylum seekers interviewed by KANERE claim that they were not treated fairly according to UNHCR procedural standards during the process.

Despite UNHCR Guidelines, asylum seekers report that they are rarely read back portions of their transcript following an interview with Eligibility Officers in Kakuma. Tilahun says that his case was never read back to him after the conclusion of the interview, and neither was he shown the written transcript of the interview.

Asylum seekers say they are not informed of their rights or obligations during the interview before the RSD interview process. Many of them went into the interview clueless about what it would entail. A few of the asylum seekers who spoke to KANERE did not even know the legal definition of a refugee.

“I know a few things about my rights but I was not informed about my right during my RSD interview, and I was not informed on the legal representative or refugee definition,” says Mohamed,* an Ethiopian asylum-seeker rejected by UNHCR in 2007. If he had been equipped with knowledge of his rights, he says, “I believe I would have won this fight before.”

A majority of interviewees state that they had complaints over eligibility officers and their interpreters, yet their complaints were never heard or addressed. Due to this inability to clarify mistakes they felt had occurred during interviews, many feel that they were rejected based on an inaccurate case file.

“During my second RSD interview, I raised many clarifications and corrections to be done on my case file; like my place of birth was Nagele and not Walega as listed. But there was no changes done on my case concerning those mistakes and I was rejected,” states Mohamed.

Another rejected asylum seeker, Abera,* arrived in October 2003 and was rejected by UNHCR in December 2006. “My case was conducted in a very bad manner that led to rejection. There were problems of miscommunication and I had quarrels with the interpreter in front of the eligibility lawyer,” he says. At one point, the quarrel escalated to the point that the interpreter stood up and declared, “If you are uncooperative we can’t help you.” He says that the interpreter and Eligibility Officer told him that they do not have a lot of time and he should hurry up. “I felt that was not justice and who am I to make any complaints yet to whom?” he asked.

“I believe the interpreter did mistakes on my file. The eligibility lawyer was frequently making harsh orders,” says an Ethiopian woman who was twice rejected by UNHCR. During her interview, she observed that her interpreter was acting in a very strange manner, frequently interrupting her interview process.  “He behaved like a mad person. Currently that interpreter has gone crazy and is a mad man in the Ethiopian community,” she says.

She was concerned that her case had not been recorded accurately and shared this concern with the Eligibility Officer at the end of her interview. But she never had an opportunity to correct the misinformation. “I was told the office will contact me to finalize my case, yet I was never consulted until my final rejections,” she says.

Many of the rejected asylum seekers say they want a chance to review their files and submit their complaints for review.

Atnefu* says that he felt powerless and uninformed throughout the entire RSD process. “It was just ruled and decided. Why was I just ordered to sign the RSD form immediately before the interview and afterwards—is this a fair decision?” he asks.

Interpreters and miscommunication

In their accounts of the RSD process, asylum seekers face communication difficulties in articulating their claims which often resulted in negative RSD decisions. From the perspective of the rejected asylum seekers interviewed by KANERE, interpreters are not trained adequately to serve the delicate task of detailed translations in a legal case.

“I had a great deal of problems with interpreters who misinterpreted my story. The two interpreters I came along didn’t even look trained and don’t have good English skills,” says Mamush,* a rejected asylum seeker.

Atnefu* fled Ethiopia after he was persecuted by the EPRDF (Ethiopian Democratic Party) security forces at Mega in Southern Ethiopia. He was detained at 147 Military Camp at Boru Luboma, where he served as a leader of the camp prisoners for two years. “After two years and some months I managed to escape from the military camp together with many other prisoners at night, and I managed to cross the border into Kenya in 2004,” he recounts.

Atnefu states that he was not informed that he would be using an interpreter, who spoke to him in an unfamiliar dialect. Before the interview, he was asked to sign a form, but the contents of that form were not explained to him. He was again asked to sign another form after the interview without an explanation.

He was finally rejected by UNHCR in 2007. Now, Atnefu splits his time between Kakuma Three and Reception Centre, living in limbo.

Zeitun* is an Ethiopian asylum seeker rejected in 2007 by UNHCR. She left Ethiopia after her husband was arrested in connection with rebel fighting that killed many people at Tuqa Division of Moyale District in Ethiopia. After he was arrested, she felt targeted and fled the country.

Zeitun believes her interpreter did not interpret her case well, but she does not know how to read or write English so she felt powerless to address the problem. “I was denied food, medical, and protection for my life together with my husband. Is this a fair work of UNHCR?” She adds that she disagrees with UNHCR’s RSD policy. She is now living alone in Kakuma Three.

Another asylum seeker, Yenh,* also claimed that he was uncomfortable with his interpreter who was speaking a different dialect. Tilahun also believes that his case was wrongly rejected due to miscommunications through the interpreter in both the first and second RSD interviews.

No response from UNHCR

KANERE attempted to reach the UNHCR Protection Officer but was blocked at the main entrance to the UNHCR Compound on three separate occasions. On the third visit, the journalist reached the Protection Officer via phone and was informed to wait until he was called for a meeting. He was never contacted.

KANERE also attempted to reach the Camp Manager but the officer was not on duty between March 10^th and 12^th 2009, when the journalist attempted to reach him.

Conclusion

Rejected asylum seekers ask who will be responsible to re-consider their cases after UNHCR rejects them. They feel that the RSD process is undemocratic. “What could be the stand of the Kenyan Government on our case files after staying in Kakuma Camp for over four years?” asked one Ethiopian asylum seeker.

Given the life-changing consequences of the RSD process, refugees believe there should be a better mechanism to submit complaints and appeals during RSD for review by an independent body.

After experiencing unfair treatment and sub-standard procedures of RSD by UNHCR Eligibility Officers, many rejected asylum seekers feel disillusioned. “Everyone talks about rights or human rights, but there is nothing like rights I got in Kakuma,” said Fita,* an asylum seeker who was rejected by UNHCR in 2006 and now resides in Nairobi.

“Is this a fair approach for decision-making on RSD? Are these policies coming directly from UNHCR Geneva on the asylum seekers?” asks one Ethiopian Oromo asylum seeker.

*Not their real names.

Volume 1, Issue 4-5 / March-April 2009

Refugees ask whether the UNHCR policy of “participatory decision-making” is actually being realized in Kakuma Camp, and express hope for a more democratic society in refugee camps.

In Kakuma Refugee Camp, refugee participation in decision-making is a vital factor. Refugees complain that they do not have a legitimate role to play in humanitarian governance, and that they lack capability to participate in decision-making.

The refugee communities practice a limited form of democracy within their separate societies, where cultural groups are represented by elected community leaders. As these communities live separately, they establish separate community guidelines. Some communities even have a constitution.

On the ground, Kakuma camp hosts many nationalities. Some communities, like the Somalis, have divided themselves into sub-tribes and clans, the majority of which have their own separate communities. As a general national community, the Somalis are concentrated in Zone Five of Kakuma One.

Zone One hosts a concentration of many ethnic and national groups. This concentration is due to factors such as social amenities, access to the UNHCR compound and other NGOs, proximity to government offices, and the greater availability of resources such as electricity.

Communities have different norms and cultural values that they choose to live by in a fair and democratic community. A community leader has a major role to shape in his or her community, but they also have limits in exercising power within their community.

Refugee leadership, democracy, and participation

In the camp set-up, every refugee community has a leadership body elected by the community general assembly. Leaders have a say in community affairs through the position they hold with assistance from other administrative structures within the community. A community leader has power to settle disputes and conflicts in the community. For example, leaders can establish systems to share water effectively among their community members.

“We work from 6am to 6pm,” says Jamal, the Somali Overall Chairman. “I should attend all inter-agency meetings with the community leaders and report or refer conflict or insecurity and any arising matters to the concerned office for further action.”

Essentially, leaders govern their communities and act as a bridge between the community and the UNHCR and NGOs. They hold many duties and responsibilities in their role as watch dog for the community. Leaders are especially active in representing individual community members when their cases are delayed in UNHCR Protection Office, as with insecurity cases or vulnerable individuals. Many community leaders complain that the responses from UNHCR on these matters take an inordinately long time.

Perspectives of community leaders

KANERE interviewed some community leaders, and from their perspective, democracy and leadership participation in decision-making is very low, if not nonexistent.

According to one community leader, refugee leaders’ democratic participation in decision-making at UNHCR simply does not exist. For example, refugees do not participate in decisions made on their files or cases at UNHCR, or in budget planning and resource allocation. The leader emphasized that such decisions exert a major impact on refugee lives, but refugees are unable to participate in the decision-making processes.

Time and again, community leaders have brought many issues before UNHCR to be addressed. Among them are major problems concerning the daily life situation in the refugee camp, as well as individual cases. However, response and feedback mechanisms are very poor.

“I don’t have power. I can’t add or remove the UNHCR’s decision once decided, but in the community we have power that exists through the board of executive and the administrative structure that makes decisions, so I can still frame up wrong decisions made,” says Odilon, a Burundian community leader. He refers to the fact that community administrators may sometimes make a mistake and incur negative impacts, at which point he as the community leader has the power to change and correct these mistakes.

Odilon added that leaders only have access to UNHCR once in a week, and only access the resettlement office once a month. They also see the UNHCR Head of Sub-Office only once a month. “As a facilitator I serve my people in a satisfactory manner and I believe they do appreciate my service and I have limits too; people just come with their issues and I only direct them to the office and I don’t do interviews.”

Refugee leaders promote stability, but the fact that they mediate between UNHCR and communities brings in room for inefficiency or inaction. Many leaders made the comparison in decision-making process of UNHCR versus community administration, arguing that the UNHCR operation is very weak and that people are not given feedback on RSD or the resettlement program. They emphasize that a more fair and clear procedure is necessary in order for their mediation role to be effective.

During an interview with KANERE, Hussein, an Oromo community leader, stated that the time given to access UNHCR only once in a week is insufficient, as leaders bring many different issues to the UNHCR office. “To serve our power effectively and to get better feedback, it takes a lot of time and this itself needs a better and more appropriate mechanism,” he says.

“There’s no democracy practiced. The only thing is the only public elections in the communities, so since I’m a refugee and don’t have any power to stand against issues or power to influence, I will just serve my community for the duration of my leadership and just step down, and life goes on,” says Hussein.

“We demand for justice and democratic governance, as decisions are only made half-way since the refugees are not involved in the policy and laws that govern refugees in Kakuma,” concludes one community leader.

Perspectives of community members

KANERE interviewed some individual refugees from different communities and collected their views on this topic. Some are not happy with the services provided to them by the UNHCR and other NGOs, while others stated that they were “fifty-fifty” with respect to this question. According to several community member, problems are always there, and requests for better services are always sent to UNHCR, but these suggestions are never fulfilled.

“I don’t see democracy here! I don’t want to use some services like Mix Me and why is UNHCR providing us with MixMe at food distribution circles? Our leaders also cannot change the decision of UNHCR, but they do struggle always and in a real sense, this is not a democratic way. A refugee including the leaders don’t have participation in decision-making,” says Dahabo from the Somali community.

Nicole, a Rwandan refugee, says that refugees do not have power to make decisions so do not participate in decision-making, whether they are a refugee leader or refugee staff. “From the services provided by UNHCR I’m not happy, but I can still have some food to eat. Leaders can sometimes consult community, but the relationship between them and the UNHCR is very weak. Authorities can influence them and they cannot make any change, so democracy in any way is not practiced.”

From the perspective of the refugees, the only democratic policy practiced by the UNHCR is the system of public elections for community leaders. The elections are observed by the LWF Community Services Unit and the Security Office, as well as the Camp Manager.

On the whole, community members report that refugee leaders guide the communities in a democratic manner that they appreciate. But some community members say that their leaders do not have enough power to stand against humanitarian agencies in the issues that affect their communities.

Conclusion

According to refugee leaders and community members, systems of power-sharing and decision-making are far from democratic in Kakuma refugee camp. The camp has been left isolated for many years, and now the realization of democratic rule of law and a more open society is in the minds of many leaders and refugee individuals.

From the interviews conducted by KANERE, it became apparent that leaders are not aware of the UNHCR policies that should guide the operations in Kakuma Camp with respect to democratic participation and rights. There is need for more effective participation to involve refugees in the process of decision-making at all levels.

In reality, refugee participation in decision-making is far from being realized. This is especially so because refugees lack basic information-sharing and transparency from humanitarian agencies. To ensure genuine refugee participation in decision-making, we need independent evaluations of humanitarian governance in Kakuma Camp. Refugees must be informed of their rights, and we need to begin asking questions about the possibility of a legitimate democratic society in refugee camps.

Volume 1, Issue 4-5 / March-April 2009

Lack of information, lack of access to authorities, and widespread uncertainty about the future of their legal protection and durable solutions

At eighteen years old, Kakuma Refugee Camp hosts 51,230 refugees from different East African and Great Lakes regions. According to UNHCR figures released in March 2009, the last food distribution cycle in Kakuma camp served 51,230 individual refugees and asylum seekers.

According to the 1951 Refugee Convention, a refugee is a person who is outside his or her home country and has a well-grounded fear of persecution owing to his or her race, religion, nationality, or membership of a particular social group or political opinion.

Refugees faced different unlawful acts in their home countries prior to their flight. Some were beaten, tortured, arbitrarily arrested by their governments, and others came from war-torn countries. Among them are women who experienced rape and death threats, and some whose husbands and children were killed in their presence.

Fortunately, these refugees arrived in Kenya where they are hosted in Kakuma Refugee Camp. The UNHCR Protection Office is expected to offer a legal protection defense to refugees whose rights were abused in their home countries.

Uncertain protection and lack of redress

It is clear from conversations with refugees that there is a gap between refugees’ expectations and actual protection in the camp. “I enter protection offices when I am called by the officer and only when I have a new arrival who needs registration,” says a Burundian assistant chairman. “Everything lies in the hands of protection officers; [refugee] leaders have nothing to do with it,” he added.

Refugees wonder how long they are to stay in the camp. Many express the concern of insecurity in the camp that takes refugee lives every year. Others complain of the unlawful acts committed by agency staff or fellow refugees, but there is very little they can do about it to bring them to justice.

For example, two women refugees were falsely alleged to have stolen money from LWF (Lutheran World Federation). They were summoned to the Kakuma Police Station in December 2008 and later released. “We were falsely alleged to have stolen money from LWF Finance Office. Up to now we don’t understand what happened to us and how it ended,” they said. These two women were in the former women’s catering groups that were dissolved by LWF in January 2009 due to budget cuts.

The women report that they were not provided with any written documents pertaining to the case. But one of them was requested to give her telephone number to the police station so that in case the police wanted to see her, the women would be called. Since December 2008, the police have not contacted them.

Refugee status determination

In Kakuma camp, the UNHCR Protection Office determines whether an asylum seeker meets the refugee status criteria through the process of refugee status determination (RSD). This process involves an in-depth interview and may take months or years due to heavy caseloads and processing delays.

Legal protection of refugees is a matter of life and death. Refugees from Burundi, Rwanda, the DRC, Uganda, Ethiopia, and Southern Sudan are currently undergoing RSD interviews either in the Nairobi or Kakuma UNHCR offices. When an asylum seeker is not recognized as a refugee by the Kakuma Sub-Office, he or she is not allowed to remain in the camp, to access health services, or to receive food and other privileges to which recognized refugees are entitled. Despite these hardships, a small number of rejected asylum seekers have no option other than to stay in the camp. This option is more likely to be pursued by those with large families living in the camp, where they can access a meager lifeline.

But young, single asylum seekers who are rejected often do leave the camp in order to go search for other living opportunities in major urban areas such as Nairobi, Eldoret, and others. Rejected asylum seekers in Nairobi lead a dangerous life. They have no valid documents which allow them to stay in the country. It is difficult for them to obtain assistance due to lack of identification. They may be victims in case a crime is committed in their surroundings, especially when law enforcement officers are tracking a suspect.

John N., a refugee student living in Nairobi, says, “It is hard for me to be given assistance of food in churches or mosques, because they don’t know me. To get treated here in Nairobi clinics of hospitals they request ID, and I don’t have it. Life is hard. For me to be assisted I have to be with other recognized refugees in those institutions that offer assistance to refugees and vulnerable people like churches or other religious organizations.”

According to one refugee who spoke to KANERE, no asylum seekers are told the reasons for their rejection.

Refugees in Kakuma question whether the RSD interviews proceed according to the proper legal standards and procedural guidelines. According to refugees, the process appears to “be buying time.” Refugees believe that most lawyers know that refugees are not competent to succeed in legally detailed interviews, and seem to be unnecessarily formalizing the interview process.

Lack of information about rights

Many refugees enter the RSD process equipped with very little knowledge, unaware of their rights and unclear about the significance of the process itself.

“How can you appear before a trained and qualified lawyer, while you have no skills to respond, your educational background is low, and expect these refugees to pass interviews?” asked Ane Marie, a Rwandan refugee.

“It is very shameful when a male protection officer asks a woman refugee to produce evidence of rape which happened on the way to Tingi-Tingi (a locality in the Democratic Republic of Congo, or DRC). After all these long and uncultured hearings, the decision is made saying one does not qualify to be a refugee under UNHCR mandate,” she adds.

Refugees in the camp do not understand the meaning of UNHCR mandate and prima facie protections. Even community leaders who have access to meet the UNHCR officers concerned with protection say they do not understand the difference between mandate and prima facie refugee status, and what the categories mean for the people designated under each category.

Humanitarian agency or trademark?

To some, UNHCR is everything they need to survive. But to others, the same organization is a merely a trademark. By this, refugees mean that UNHCR has “good laws” and can do a good job to assist refugees. However, some refugees believe that some officers use these humanitarian policies to secure long-term employment for themselves. For example, if all refugees left the camp for resettlement or repatriation, many UNHCR officers would lose their jobs. For this reason, refugees say, some officers will always want the refugees to stay in Kakuma Camp.

One Ugandan refugee, Mr. Odongo, criticized UNHCR saying, “Some Ugandans became legal refugees in Kenya in 1988. In 1992-1993 they were sent to stay in Kakuma Refugee Camp. I share with them the fear to return back to our country. Yet many of us have made several attempts to request UNHCR to assist us in getting a durable solution, but all in vain. I see that they detain us here to keep up their jobs.”

KANERE asked him about his expectations on how long he and his family may stay here in the camp, as refugees are currently being profiled by UNHCR in order to seek a better solution to their refugee dilemma. “I have no hope in it. Some officers know what they are doing. How many refugees attended profile two to three years ago, and have still got no decisions on their cases? The resettlement officer who started profiling has gone, then a new one came in and also went. Now there is another one, but there is no communication about our cases, yet every month they receive their huge salaries.”

Fears about future protection

There is a concern that the governments in countries of origin have been requesting that refugees return home. Specifically, many Sudanese refugees cite the Tripartite Agreement as an indication that the Sudanese repatriation was not initiated by UNHCR due to humanitarian concerns, but by their own government due to political concerns. Refugees still claim that the same governments caused them to flee their homes, and they do not believe that these governments are willing or able to protect them.

“I fled the current government of Rwanda three years ago. I thank God that I am alive. I bear the scars of the people I know well. What have they [the Rwandan government] seen that has changed them? They are the law and they are authorities. I am sure they have no will to protect me,” says a single Rwandan mother.

Ethiopians, Ugandans, Rwandans, and Southern Sudanese refugees claim that their protection in Kakuma camp is strongly influenced by their governments. Rwandans and Southern Sudanese point to the Tripartite Agreement signed by their governments, UNHCR, and the Kenyan government. They fear that the application of the “cessation clause” of refugee status to their protected status in Kenya, which they fear will endanger their lives. They say that if their protected refugee status is removed, they may either be considered as illegal immigrants or be returned home by force, where they fear for their lives.

“I know that in 1998, Ethiopian refugees who fled their country in the early 1990s were collectively denied protection. This time I was attending to my protection interviews in what they called a ‘screening center.’ It is likely that when we are kept here, the time will come and UNHCR protection will be removed on us,” says one Rwandan refugee. She refers to Ethiopians who fled the Mengistu regime before 1991 and were given protection as refugees in Kenya. But when the current government came into power, these refugees were refused protection.

In reality, there is little reason for recognized refugees to worry that their protected status will be removed. It is unlikely for UNHCR to rescind refugee status once it is granted simply because the home country’s government has become stable.

Conclusion

KANERE attempted to speak to a UNHCR Protection officer who is knowledgeable on this issue, but the officer was too busy to schedule an appointment with our reporter.

The dignity and protection of life as a refugee in Kenya depends entirely on UNHCR and host government protection. However, the prolonged dependency of refugee life in Kakuma camp dramatically impacts refugees’ enjoyment of basic human rights, such as the right to freedom of movement and access to information and education.

In addition, refugees are uncertain about both the legal and practical aspects of their rights protection in the asylum country, and they are not given sufficient access to authorities in order to address their claims and satisfy their need for knowledge and information about their own situation.

As a UN agency, the UNHCR should provide support to refugees in need of the upholding of their dignity as human beings, not as a tool to be used in the mobilization of “aid” resources.

Volume 1, Issue 4-5 / March-April 2009

Refugees raise critical questions about the “product rollout” of a new nutritional supplement called Mix Me.

The World Food Program (WFP), in collaboration with UNHCR, has introduced a micronutrient product to improve nutritional status in Kakuma Camp. After conducting an alimentation survey, the Mix Me “product rollout” began during February’s food ration distribution.

But many unused sachets of Mix Me can be found scattered around the camp, discarded by unenthusiastic recipients. Refugees have raised critical questions about the supplement, and rumors have begun to spread.

Some of these rumors are wildly speculative. For instance, it has been suggested that Mix Me contains a chemical that causes impotence and decreases female fertility. Others have raised suspicions about the fact that Mix Me was introduced after the Sudanese repatriated, fueling rumors that certain communities are being targeted.

Other refugees believe there is a paradox in the fact that WFP distributes Mix Me, which increases the appetite, while current food rations are insufficient. Many say they would prefer that their nutritional needs be met with real food products such as milk and fresh vegetables, rather than powdered supplements.

Another common concern surrounds the actual ingredients of the Mix Me powder. Some cultures or religions prohibit eating certain animal products such as pork or beef, and people want to know the ingredients for this purpose. Ingredients are not printed on Mix Me sachets.

The Mix Me “brand positioning” declares that “Using a sachet of Mix Me per family member every day gives the family important nutrients that bring energy, strength and health!”

Although WFP has initiated a public awareness campaign in collaboration with Population Services International (PSI) and Film Aid International (FAI) on the usage and utility of Mix Me, it left many critical questions unanswered.

Is this a product trial or pilot study?

Most importantly, refugees want to know whether Mix Me has been piloted among other populations before being brought to Kakuma, and if so, what the results were.

According to WFP documents, a product trial was carried out which “showed high acceptability by mothers who acknowledged improvement in health of their children—looking healthy, playing, and going to school.” It does not mention whether objective indicators of improved health—such as iron levels or vitamin deficiency—were assessed in the trial.

Many refugees suspect that the distribution of Mix Me constitutes a form of research piloting or “product trial.” They cite the fact that WFP intends to conduct baseline and follow-up measurements of health levels in the camp using blood tests, the results of which will apparently indicate whether the product met its intended aim. The baseline survey has already been conducted.

These questions of crucial concern to refugees participating in the “product rollout” could not be answered because WFP officials refused to comment when the concerns were raised by KANERE journalists.

If the Mix Me product rollout in Kakuma Camp does indeed constitute a pilot or “product trial,” refugees say they should have been fully informed and asked to provide informed consent before participating.

Other questions

During an information dissemination session in Kakuma Two, one refugee asked why Mix Me is served only to refugees in Kakuma but not in Daadab, while the conditions and status are almost the same. A PSI representative replied that similar nutritional products can be found in Kenyan supermarkets in the form of mineral or vitamin sprinklers, but that they are different from Mix Me (which is not commercially available). Furthermore, the iron level in Mix Me has been reduced due to high levels of malaria in Kakuma, as it is known that mosquitoes are attracted by iron.

Refugees would also like to know about potential negative side effects of Mix Me, especially when taking more than one sachet as indicated. During a workshop on food-related matters for community and religious leaders on 21^st February, WFP officials ensured beneficiaries that Mix Me is safe. If one takes more than is required, the body will absorb only what is needed and will reject the rest. This can cause some abdominal upset, they added, and mentioned the issue of iron and prevalence of malaria in Kakuma.

Refugees also ask why Mix Me is given to the entire population, rather than selectively given to people with nutritional deficiencies upon recommendation by nutritional experts. According to WFP nutritionists, Mix Me is not a medicine but a food supplement, and can offer health benefits to everyone.

Lack of information and transparency

A number of questions remain without answer not because they are unanswerable, but due to the approach towards public information dissemination. WFP and other partners involved in the Mix Me product rollout must be open to the questions raised by refugees. Staffs involved in disseminating Mix Me say they need intensive training because they are exposed to difficult questions from beneficiaries while collecting empty Mix Me packets door to door.

Two KANERE journalists sought comment from WFP officials who declined to speak, citing organizational policy. On 27^th March, the WFP Head of Sub-Office, Ms. Lourdes Ibarra, stated that WFP officials will not give information to KANERE until the free press is registered as a community-based organization.

Volume 1, Issue 4-5 / March-April 2009

Refugees face anxiety and uncertainty while awaiting feedback on resettlement cases that are unexpectedly delayed.

Resettlement to another country is the only durable solution in sight for thousands of refugees warehoused in Kakuma Camp with no immediate prospects of returning home. Consequently, an interview for the UNHCR resettlement process brings refugees immediate hope for starting a new and better life abroad.

Files of refugees who fulfill the criteria for resettlement are sent by UNHCR to various foreign embassies that offer refugee resettlement, such as the United States, Canada, Australia, and New Zealand. After considering the case, an embassy sends an approval letter to the refugee stating the approximate date of interview. Representatives of foreign embassies periodically visit Kakuma Camp to interview prospective cases for resettlement.

Refugees receive a letter from an embassy with great joy. Usually, they expect to sit for the interview within six months after the letter’s date of issue, and expect to leave the camp around one year later.

But this timeframe does not always unfold as hoped. Many refugees wait more than six months before being scheduled for an interview with the embassy. Others wait for more than two years after the interview before leaving the camp.

While waiting, refugees endure great worry and anxiety over the delays to their case, struggling to obtain information from authorities on the status of their case.

“I was so desperate”

Christian* is a Congolese man who received an approval letter from the Canadian Embassy in May, 2006. He sat for an interview with the Canadian Embassy that June, and completed his medical check-ups in December, 2006. After clearing the medical screening, he hoped to leave the camp soon.

However, he waited without feedback for two years, only to be told that he had to pass through medical check-ups again in 2008. After receiving another medical clearance, he was instructed to wait until March 2009 to finally leave Kakuma Camp for Canada.

Christian reports that he never received adequate information on the delay of his case. “Many times I asked IOM [the International Organization for Migration] to tell me why my case was taking long, but I was always told to wait until the Canadian Embassy sent a message,” he states.

After waiting several months, he began to send email messages to the Canadian Embassy. The Embassy responded to some messages, and ignored others. The answer was always the same: to continue waiting.

Fortunately, Christian’s indefinite waiting period ended in February of this year, when he was told that visas for him and his family were ready and they would be flown to Canada very soon.

Some days before his departure, I asked Christian to tell me what it was like to wait for such a long period. “I was so desperate during those three years,” he says, remembering the pain he experienced. “It is only by God’s mercy that I and my family have been able to see this dream realized.” Certainly, he and his family were frustrated and depressed during their three years of waiting.

Waiting for a chance at a better life

Musimba* is a 66-year old Congolese man living with his wife and five children in Kakuma. He received his approval letter from the Canadian Embassy in October 2006. Since then, he has never sat for an interview with the Canadian Embassy.

In February 2008, his name appeared on a list of people called to meet with officers from the Canadian Embassy. Unfortunately, some days before his appointed interview, he was told that the interview was cancelled because the officer evaluating his file was not able to travel to Kakuma. He was instructed to wait until his name appeared again on the board.

The Canadian Embassy has visited Kakuma on more than two occasions since then, but Musimba’s name has not appeared on the list of appointments. Instead, he claims, the lists are full of refugees who received approval letters in 2007 and 2008.

Musimba reports that he has complained many times to the UNHCR Resettlement Officer over his case’s indefinite delay. He always receives the same response: to wait until the Canadian Embassy calls him.

This situation has caused much disturbance to Musimba and his family. He already suffers from high blood pressure and his health has deteriorated during the length of the long waiting period. On many occasions, his blood pressure has escalated and he has been given drugs to help him relax and sleep. He reports that he does not like to think about his case because every time he does, his blood pressure rises.

Musimba’s wife is deeply unsettled by her family’s situation. She says that whenever she thinks about their case, she is filled with sadness and worry for her children. She does not like to see the years passing and her children growing older without having a chance to attend good schools, seek good jobs, and reach for a better life.

A bigger problem

The stories of Christian and Musimba are not the only ones to be observed in Kakuma Camp. Many refugees have received approval letters from foreign embassies—not only Canada, but from many other resettlement countries—but continue waiting for interviews, medical checkups, and flight.

In all cases the question for refugees remains the same: why is my case taking so long? Do the embassies see that their unexplained delays cause refugees to suffer profound uncertainty?

Refugees have no power to push their cases forward. They do not even have power to demand information on why their case is being delayed. But refugees desperately need to know the reasons for their case delays, and wonder whether embassies really consider the hardships they endure in the camp.

KANERE attempted to reach the resettlement office of UNHCR for comment, but could not access the compound.

*Not their real names

Volume 1, Issue 4-5 / March-April 2009

Technological failure of UNHCR database causes delay in the headcount operation, sparking stampedes and a stone-throwing altercation.

The UNHCR headcount exercise which began in February 2009 was suspended for almost a week following technical failures of the computer database. As tensions rose among refugees awaiting headcount, a stampede broke out and a Somali woman stoned a Sudanese man.

According to sources, the network failure was due to a virus which had affected the entire local area network (LAN). Technological difficulties began Thursday March 5^th and were resolved Tuesday March 9^th.

Refugees left waiting at the UNHCR compound report that the delay generated considerable frustration as refugees waited for hours only to be told to come again the next day. “I waited all day without taking food,” recounts one Ethiopian refugee.

The ensuing impatience and uncertainty escalated into a stampede on the third day of the headcount interruption, March 9^th, when a Somali lady stoned and injured a Sudanese after a quarrel at the queue.

According to sources, the frustration arose because the Ethiopian headcount date had been postponed to March 9^th due to the technical failure. But Somali and Sudanese refugees, who were originally scheduled for March 9^th, had not been informed of the change. Thus, both communities felt that they should be given priority for counting.

In the chaos, people ceased to obey orders given by AGK security guards. Senior officers of UNHCR and AGK Security were forced to personally impose order at the headcount queuing point.

“If the Kenyan police officers were there, it could not have happened,” a police officer told KANERE on condition of anonymity.

Order was re-established the following day, thanks to a joint effort by the AGK security guards and Kenyan police officers.

Many refugees could not understand how UNHCR took so long to tackle the problem. “It’s now a headache, you see? You saw me the other day riding to the UNHCR compound, and today I am still heading there,” said an elderly man from the Ethiopian refugee community on March 9^th.

Following the stone-throwing altercation, the headcount operation continued as planned. Throughout the last week of March, AGK security guards could be observed herding refugees with long whips fashioned from tree branches, which were put to frequent use while corralling throngs of people standing under a hot sun.

Efforts to contact UNHCR officials for comment were unsuccessful, as permission to carry out interviews on UNHCR premises was not granted.

Volume 1, Issue 4-5 / March-April 2009

A routine visit by a UNHCR official to Field Post was halted as dissatisfied refugees began to stone the premises and the UNHCR official fled to a get-away vehicle.

Field Post One signboard

Activities at Field Post One came to a standstill on 16^th March as disorder erupted and the UNHCR officer was compelled to evacuate the premises.

The routine visit to field post by a UNHCR representative was interrupted after refugees dissatisfied with the orders of the day began to stone the office.

The UNHCR officer found it difficult to carry on work as conditions grew more strained. Realizing that the climate was becoming tense, she radioed for a UN vehicle to pick her immediately. As the vehicle arrived, refugee clients began stoning the premises and she fled.

It appears that the disturbance was fueled by the perception that clients were not being seen in a fair and systematic manner. One Congolese refugee woman who was present complained, “She said that she would attend first to the cases which were pending [from last week] before she could start with the new ones.”

Angered refugees were also upset at a refugee caseworker who was allegedly favoring clients from his own Somali community. According to one witness, “This fellow’s behavior was rather the origin of the unrest. He came with his list [of clients to be seen] and wanted the officer to serve the people on that list.”

Sheer numbers also prompted unrest. A caseworker remarked that refugee clients had arrived in large numbers that day, and there was no security guard on duty. “It is the common perception among most refugees that an mzungu [white] officer deals more effectively with cases than a national staff,” the caseworker added.

In addition, the field post routine on 16^th March was slightly altered. According to normal routine, caseworkers bring lists of clients to facilitate the process. However, on 16^th March another list had been received from a counterpart manager, thus interfering with the expected routine.

Unfortunately, only a few cases are dealt with on any given day at field post, while most remain pending until the next week’s visit. In this way, some cases remain unattended for months or even years.

Generally, refugees arrive at field post as early as 7:00 am and wait until 10:00 am when a UNHCR official typically arrives to begin hearing cases.

UNHCR visits to field posts operate according to a timetable that allocates communities for particular days scheduled from Monday to Thursday. According to this schedule, 16^th March was designated for Ugandan, Great Lakes, and Somali communities.

As overcrowding and long wait lists are typical at field post, it remains unclear why refugees reacted in this unusually passionate manner.

See also: “UNHCR Field Posts Aim to Protect Refugees,” February 2009

Volume 1, Issue 4-5 / March-April 2009

Boda-boda bicycle taxi drivers demonstrated on March 21^st, claiming harassment and unfair competition from the GSU police.

Boda-boda with mudflap message

On Saturday 21^st March 2009, the members of the boda-boda bicycle taxi crew decided to call off business and stand their ground in a public demonstration. They could be seen on roads carrying placards with messages meant to reach the GSU (General Services Unit of the Kenyan Police).

“The GSU are using their vehicles to carry out tasks that are meant to be ours,” states the vice chairman of the boda-boda organization based in Kakuma Town, Mr. Emanual Moit. He claims that that the vehicles given to the GSU by UNHCR for security patrols are instead being used as passenger service vehicles to ferry people from town to various parts of the camp.

Boda-boda drivers complain that when a bus arrives in Kakuma Town, the GSU can be seen carrying refugees on the pretence of giving them a lift, but in reality they are charging for the service. Some people claim that they have witnessed GSU officers taking money from refugee passengers.

The general secretary of the boda-boda organization, Mr. Christopher Ekwam, reports that the GSU are also using their vehicles to transport miraa from the bus station to camp vendors. “They are snatching that job from us; this job is for the boda boda people and that is where we earn our daily bread,” he claims.

On Saturday, boda-boda drivers demonstrated because they were being evicted from the camp earlier than the usual curfew time of 6:30 pm.

“How can somebody be chased from the camp at 5:00 pm?” asks Mr. Moit. “At that time there are still people who need our services and we cannot refuse to carry them because we are after money.”

Boda-boda drivers complain that the GSU officers also forcefully request money from them.

“They ask for money by force and if you fail to produce money they turn you upside down so that everything could fall out of the pockets and they take,” reports Mr. Ekwam. He says one boda-boda driver had a cell phone taken in this way, and another one is currently in the hospital nursing injuries sustained during an “unscrupulous beating” by GSU officers.

Boda-boda drivers also complain that GSU officials sometimes remove the number plates on their bicycles which certify that they are duly registered with the boda-boda organization. The GSU argue that the plates are of no importance, yet they have a significant meaning to members of the organization.

Following the demonstration, members of the boda-boda organization met with the Vice Deputy OCS (Officer Commanding Station) and the GSU officer in Kakuma. The parties resolved that boda-boda drivers should leave the camp each evening between 6:00-6:30 pm. According to Mr. Moit, the GSU also agreed that they would not carry passengers or transport miraa again. The police instructed any boda-boda drivers with complaints to forward petitions to the police station.

“We hope they will adhere to that as we also keep our part of the agreement,” says Mr. Moit.

Volume 1, Issue 4-5 / March-April 2009

Plans to relocate 50,000 Somali refugees from Dadaab Camp to Kakuma Camp have changed as the government agrees to establish a new camp in Northeastern Province.

Spontaneous Somali new arrivals wait outside police station

Last month, UNHCR announced plans to relocate 50,000 Somali refugees from Dadaab Camp in northeastern Kenya to Kakuma Camp. 10,000 new arrivals were slated to arrive in Kakuma this month. But the expected newcomers have not yet alighted in Kakuma, and refugees are wondering why.

According to the Kakuma Camp Manager, Mr. William Lenaremo, an agreement was reached between the Government of Kenya, the host community living in Northeastern Province, and UNHCR regarding land to be allocated for refugee settlement in another district of Northeastern Province. Rather than relocating 50,000 Somali refugees to Kakuma, many of them will be settled in this new camp.

According to Mr. Lenaremo, funding was a major factor in the decision. “There was not enough funding to relocate those refugees,” he says. “It would cost a lot to transport them to Kakuma as the distance is so far.”

But a number of refugees will still be relocated to Kakuma Camp. Mr. Lenaremo says that 10,000-15,000 Somali refugees are expected to be relocated to Kakuma, but the timeframe remains uncertain.

Refugee leaders from the Somali community say they have not been updated on the relocation process and it is unclear whether preparations are still underway. “It is not clear to me if the Somalis will still be relocated or not,” states the Somali Overall Chairman.

Despite the lack of information, many refugees have observed activities on the ground and drawn their own conclusions. Observing that agencies have not undertaken the usual preparations for new arrivals at the reception centre in Kakuma Three, refugees concluded that the relocation exercise was scrapped. The operation has ceased to be “the talk of the day” as it was a month ago.

The planned relocation exercise was intended to reduce over-congestion in Dadaab Refugee Camp, where settlements are currently operating at triple their intended capacity.

Volume 1, Issue 4-5 / March-April 2009

The D*Change Festival Gospel Crusade entertained refugees and the surrounding public from 12^th to 13^th March, with popular musicians making a vibrant appearance.

Hands uplifted at festival

Kakuma hosted a vibrant gospel crusade campaign that entertained refugees and the surrounding public through a crusade christened D*Change Festival. The festival was staged at Baraza Park from 12^th to 13^th March.

The audience was thrilled by live performances featuring gospel celebrities such as Rose Jeffa of Burundi, who stirred the music enthusiasts with her pop song, “Nimeanza Safari” (I have started the journey).

Her song resonated with refugees, as the song metaphorically links the refugee’s experience of fleeing their country in search of a safe haven to a believer’s journey away from the dark life to embrace the Christian light and spiritual protection.

Traditional Christian music was spiced up the with rap and hip hop tunes of popular artists such as Benjamin Jeffa, Ba Mdogo, and DJ Asemba, making the D*Change experience more exhilarating. The artists’ frequent stage slogan of “Tuendeleye ama tusiendeleye?” (do you like us to continue or not?) incited the crowd to demand encores in an exceptionally theatrical performance.

Some revelers thought they spotted a fabulous blend of musical styles and characters distinctly offbeat in a gospel crusade. One local pastor (who wished to remain anonymous) noted that the campaign was more about entertaining than about preaching the word.

Nevertheless, the performers’ life experiences and testimonies filled the divide and touched poor souls to serve the Lord. One such testimony came from a performer who had previously served as a bar musician before he started singing for Christ.

The services were led and arranged by the celebrated Bishop Ben Bahati Ministry based in Eldoret, Kenya, and supported by churches from the U.S. and Canada. Jason Burden joined the crusade as a guest speaker from Canada.

Volume 1, Issue 4-5 / March-April 2009

IRC destroys a refugee’s building without forewarning, claiming that the iron sheets were “illegally” obtained.

On Monday the 13^th of April, an International Rescue Committee (IRC) security staff escorted by police arrived to destroy a refugee’s building at the Sudanese market near Distribution Center One. An IRC officer claimed that the iron sheets used in the building’s construction were stolen properties of IRC.

The refugee, Benjamin, claims that he was not given a chance to explain himself to court where he would be judged guilty or innocent. “When they came I tried to protest, asking them which date or time these iron sheets were stolen, but the police told me to shut up and watched as my house was destroyed,” Benjamin reported to KANERE.

Benjamin says that he bought the iron sheets to build his shop from Sudanese refugees who had repatriated. Repatriating Sudanese were authorized by UNHCR to take their properties with them if they were returning by road; those who went by air were free to sell their properties as the air plan limited their luggage.

“This store of mine is where I earn my living. I usually buy things from refugees or Turkanas and sell to them,” Benjamin stated.

Benjamin claims that he was not informed that his building was to be destroyed. “Only the sanitation manager passed here and talked about iron sheets and left; after a few days they came for action.” Benjamin said he was provided with no written documents concerning the destruction, and was never called to discuss his case in the IRC offices.

On April 23, KANERE spoke to a staff working at the IRC Sanitation Office located in Kakuma One Zone One. He reported that the Sanitation Department destroys any non-latrine structure that is built with the type of iron sheets distributed exclusively for the purpose of building latrines. “If anyone refuses to cooperate, we take him to the police station or simply come with the police,” the IRC staff said.

When asked about the specific case of Benjamin, who claims that he bought his iron sheets from Sudanese who were repatriating, the IRC staff responded, “Yes, he is one to lose because everyone knows that those iron sheets are not the same as others here on the market; they are made for latrines only and it is the law.”

When asked whether the destruction of refugees’ buildings is against the law, the IRC staff said, “We are not doing this on our own; we usually go with policies and UNHCR is aware that we are discouraging anyone who might think of buying them [the iron sheets].”

Volume 1, Issue 4-5 / March-April 2009

No refugee cases were brought before the March hearings of the Mobile Court in Kakuma, where local cases are heard on a monthly basis.

The court building in Kakuma

The March session of the mobile court was held in Kakuma during the end of February and the beginning of March. A few cases were tried, with none involving refugees.

As Kakuma does not have a court where cases can be heard on a daily basis—as in larger cities such as Lodwar or Kitale—a mobile court visits Kakuma periodically. Court cases are collected and held until the next hearing date when a mobile court travels to Kakuma from Lodwar, the district headquarters of Central Turkana District.

Both local Kenyans and refugees are subject to the jurisdiction of Kenyan law and can be brought before the mobile court.

According to the Camp Manager, Mr. William Lenaremo, the mobile court system runs smoothly and addresses all cases on a timely basis. “All cases are seen and attended to equally,” he reports. “If a file has been submitted to the court, then that case will be heard. No case is left unattended because the court always comes here and stays for a week, which is enough time to look into all cases forwarded.”

UNHCR assigns a lawyer to facilitate and observe proceedings brought before the mobile court. UNHCR lawyers do not act as an advocate for refugees. Mr. Lenaremo states that refugees can only access a defense lawyer it they can afford the fees.

According to the Somali Community Chairperson, Mr. Jama, “Refugees do not have lawyers to defend them. The UNHCR takes that responsibility, but with minimum contribution. UNHCR lawyers just come to listen. I have not seen so far a UNHCR lawyer advocating for refugees at the court.”

Three different courts travel to Kakuma to see cases. The High Court is presided over by a Judge from Kitale, and deals with capital cases such as murder and treason. The High Court visits Kakuma twice per year.

A Senior Resident Magistrate Court presided over by a Magistrate from Lodwar deals with crimes such as rape, robbery with violence, and petty crimes. The Senior Resident visits Kakuma four times a year.

The Kadhi’s court is presided over by a Kadhi Judge from Kitale and deals with cases relating to Muslim law such as marriage and divorce disputes. The Kadhi’s Court visits Kakuma once every three months.

Volume 1, Issue 4-5 / March-April 2009

Refugees call for efforts to save the only library in Kakuma Camp as the building threatens to collapse and librarians lose their job due to budget cuts.

The Kakuma Refugee Camp Library in Ethiopian Community

It is difficult to imagine a library lacking a building, shelves, lighting, and a librarian, but this is precisely what Kakuma residents are worried may soon be the state of the area’s only library.

Extensive termite damage and budget cuts are threatening the library’s future. Mr. Admasu, the librarian, reports that the wooden frames of doors, windows, and the book shelves have been eaten by termites. The cracks in the walls and floors of the building have not been repaired. The library operates without lighting because the exhausted solar batteries have not been replaced due to lack of funds.

And now, the library is expected to operate without a librarian. For ten years, the library was staffed by two librarians and a watchman who received incentive payments from LWF (Lutheran World Federation). But in January 2009, LWF cut payments to librarians and only continue to pay one security guard.

Despite the loss of his job, Mr. Admasu continues to volunteer his time to keep the library running.

“A testament to creativity and ingenuity”

According to Mr. Admasu, the library was established in 1991 in Walden Refugee Camp, 125 km from the Ethiopian border with Kenya at Moyale. The first books were contributed by refugees themselves.

In 1993, the refugees at Walden Camp were relocated to Kakuma, and the library migrated with them. The new Kakuma Library was opened under the shade of a tree until LWF supported its construction with materials and labor in 1994. Don Bosco, another NGO in Kakuma, supported the library with shelves, benches, and chairs. Books were contributed by individuals and Book Aid International, an organization based in the U.K.

But the building established by LWF was a mud-brick structure and could not cope with service demands. The librarian submitted a proposal for a renovated building to the Japanese government, who approved the project.

In the year 2000, the Japanese Government visited Kakuma Camp with the Wakaohiat Project. They donated 1.5 million Ksh for the construction of a more suitable library building. The new building allowed the library to offer evening reading hours through a solar-powered lighting system. (The batteries eventually died and the unit can no longer be used.)

One of these Japanese representatives, Kariaki, played a great role during the construction of the library. He later passed away tragically in a car accident on the road between Lodwar and Kakuma. The community continues to remember his excellent service for refugees.

Mr. Admasu estimates that the library currently boasts a collection of about 30,000 books, including selections in English, Amharic, Kiswahili, and Somali. Books are ordered under the Dewey Decimal classification. Books range from literary classics, encyclopedias, almanacs, dictionaries, maps, news media, and books of various disciplines, including curriculum books and children’s stories. The library also maintains an archive of all past editions of the Kakuma News Bulletin (KANEBU), the previous refugee print newsletter which disappeared around 2005.

According to Mr. Admasu, the library is visited by about 200 readers daily, including refugees, humanitarian workers, and local community members. Members are allowed to borrow books and other reference materials by request.

The library’s long-term success has impressed many visitors to the camp. Zachary Lomo, a PhD Candidate at Cambridge University, visited the library in December 2008. He declared, “This library is a testament to refugees’ creativity and ingenuity; they are not just people to give 500 grams of cereals.”

Essential community resource

The library, located among a shady grove of trees in the Ethiopian Community, is seen as an oasis in the camp. “This library is a melting pot of knowledge for all communities in the camp with no exclusion,” says Mohamed, a Somali community leader and avid reader.

Mohamed says he was delighted to discover the library after arriving in Kakuma in 1997 from a refugee camp in Mombasa. “I did not have much to read here, but a friend of mine informed me that there was a big library in the Ethiopian community. The next day I went to the library. It was a magnificent building shaded with natural trees and manmade tree fencing that helped the library by breaking wind, dust, and creating mild temperatures.”

Jacky, a regular reader who has completed secondary school and has worked with Film Aid International, says the library is an essential community resource. “All categories of people come here to this library. There is empowerment in reading—it may benefit students who study in Kenyan colleges and the WISK [scholarship] program, or other students. Even for employment they come here and get information from magazines, newspapers, periodicals, etc.”

Jacky notes that these benefits extend to youth and families. “It helps parents because the children come enjoy reading in the library instead of going to bad places, like money games and drug abuse,” she says.

But regular readers note that the presence of girl readers is rare. “I observe that you can rarely see girls reading in the library, so the mobilization of girls is necessary,” says Mohamed.

Readers at the library are pleased with the librarians’ services. “The staff of the library know their profession properly and are committed to the duty,” says Mohamed.

Appeals for UNHCR and NGO support

Mr. Admasu says the library would like to offer internet access to readers, but lack of funding has so far stymied the idea. He says the librarians are appealing to UNHCR and NGO agencies for funding support in this initiative.

Community members who benefit from the library’s services believe humanitarian agencies should support the refugee camp’s only library. “I think LWF and other NGOs should fund the library because the library empowers the students of primary and secondary school as well as college students,” says Jacky.

“If we leave the library like this,” she continues, “It will collapse. Before this happens, all the concerned agencies should be involved in repair work as soon as possible.”

“In my view, LWF, Windle Trust Kenya, Jesuit Refugee Services, and UNHCR will not let the library collapse. They should be guardians of this library,” states Mohamed.

KANERE attempted to reach the UNHCR Community Services Officer, Menbere Dawit, for comment. At the UNHCR main gate, a security guard called Ms. Dawit by phone and informed her that a KANERE journalist wished to speak to her. She responded that she was too busy to see the reporter.

Volume 1, Issue 4-5 / March-April 2009

A Darfurian community initiative to educate women in English has already had remarkable positive impacts, but lacks support from humanitarian agencies.

A recent English lesson for Darfurian women

In September 2008, the Darfurian community initiated an ambitious project to teach English to the women of their community. The idea arose after several young men realized that most Darfurian women were unable to communicate in English.

Fared and Khanis both arrived in Kakuma Refugee Camp from Darfur in 2007. Soon after their arrival, they joined the IRC (International Rescue Committee) Adult Education Classes. They successfully completed the beginners, intermediate, and advanced classes in June 2008. Back in Sudan, Fared had attended the Faculty of Art in Khartoum University of Juba, where he graduated in 2005.

As Fared and Khamis pursued their own education, they witnessed how their women struggled to communicate with others in the market place, meetings, and food distribution centres. They realized that they possessed knowledge their women did not, and that this knowledge could be shared more effectively.

They decided to devote their knowledge, energy, and time to teaching Darfurian women English.  They teach on a voluntary basis because they feel they are all one people and the problems of their women are also their own. According to the two teachers, their vision is to empower their women with English knowledge and skills so as to help them communicate effectively.

Two classes were set up: an introductory class for those who know no English; and an intermediary class for those with a little knowledge. Currently, the classes are held four times each week (Monday, Tuesday, Thursday, and Friday) in the afternoon—a schedule that may change occasionally according to teacher availability.

When asked where they get materials to run the classes, the answer from one teacher was remarkable. Chalk is supplied by Darfurian primary school students who ask their teachers for left-over chalk to be donated to the women’s English program. For instruction materials, teachers use the black board in one classroom of Polotaka Primary School. They requested permission from the director of the school to use the classroom every afternoon.

Both teacher use notes from various English courses they attended in the past, and borrow English books from Darfurian students attending camp schools. Women learners purchase their own notebooks and pens. Each participant offers a small contribution to help keep the project running.

Positive impacts

Considering the efforts invested in launching and sustaining the project so far, both participants and community members are happy with the outcome. Women attending the classes are proud to share what the project has brought them. As one woman says with a smile and a proud look, “I can now say, ‘I am going to market.’” Today, she can make herself understood in English with only a little grammatical error.

The program has already witnessed positive achievements among students. One teacher says that many of their women feel more confident and courageous in joining or applying for various courses, something they had never done before. Several students have now applied for counseling courses with JRS (Jesuit Refugee Services) and English Courses with WTK (Windle Trust Kenya).

Teachers and community members are proud that many of their women are now able to speak English better than before. After witnessing the women’s success, men also started joining the classes in January of this year.

Lack of support from humanitarian agencies

Although the program has clearly had a positive impact on the community, much remains to be done. Teachers report that they are in need of boxes of chalk, notebooks, pens, and proper reading and teaching materials. Teachers would like to further their English studies so as to increase their knowledge package.

Fared reports that the group requested assistance in the form of pens, notebooks, and other useful materials from LWF (Lutheran World Federation) in September 2008, just after starting their classes. LWF promised to visit them during their classroom session, but they never showed up. Fared says that the teachers and students felt “despised and disappointed,” and so decided not to approach LWF for assistance again.

They have not approached UNHCR for support. Fared says that they considered the possibility, but realized it would be almost impossible to gain entrance to the UNHCR offices without an appointment slip. As they have no way of contacting UNHCR officials to request an appointment slip, they felt it would be a waste of time to try to seek UNHCR support.

Support self-reliance and community initiatives

One of the objectives of UNHCR for 2009 was to ensure that the office will “support self-reliance to strengthen livelihoods for women and youth, build skills, and prepare refugees for repatriation and reintegration” (UNHCR Global Appeal 2008-2009, p. 148). The Darfurian Community’s English-education project for women presents an ideal opportunity to support self-reliance and strengthen livelihoods through a genuinely community-based approach. Unfortunately, the program has not been encouraged or assisted by either NGOs or UNHCR in Kakuma.

It is touching and impressive to see what the Darfurian community has sought to do for their women. Their endeavor reminds us that each individual has talents that can be used and explored for the betterment of the people around us, especially our mothers, sisters, and daughters.

This innovative educational initiative is already having a positive impact on the community. But if the group is not assisted and encouraged, the program may soon die out. The Darfurian education initiative needs to be recognized and supported by the NGOs in order to help teachers and students secure the future of their program.

Sources Cited:
UNHCR Global Appeal 2008-2009.

Volume 1, Issue 4-5 / March-April 2009

A refugee scholar due to begin a masters program in early January is still waiting in Kakuma Camp as UNHCR attempts to process his travel document.

In January, KANERE interviewed Mr. J.M., a Congolese refugee who was awarded a full scholarship to pursue a two years master program in medicine at Lund University, Sweden (see “Refugee’s Study Abroad Delayed by UNHCR Processing”).

He was due to begin his programme of study on 12 January 2009. Unfortunately, UNHCR processing delays prevented Mr. J.M. from obtaining a Convention Travel Document (CTD) on time.

At the beginning of May, Mr. J.M. reports that UNHCR is continuing to follow up his case. He was recently called for a meeting with a Protection Unit officer who referred his case to the Camp Manager for “accelerated processing” of the CTD.

As this double issue goes online, Mr. J.M. is still present in Kakuma Refugee Camp. Asked whether he will still be able to pursue the academic program that began in early January, Mr. J.M. says, “There is still hope.”

Volume 1, Issue 4-5 / March-April 2009

Refugees who obtain university degrees consider the meager employment opportunities in Kakuma, asking what next?

Refugees who have benefited from the scholarship program in Kakuma camp have attained impressive educational credentials, but say that their knowledge is essentially useless in the refugee camp context.

Humanitarian agencies provide selected opportunities for higher learning in Kakuma Camp to qualified applicants. Windle Trust Kenya (WTK) and Jesuit Refugee Services (JRS) provide limited scholarship opportunities to refugee students who meet the criteria. External donors may visit Kakuma and assist scholar through these NGOs. For instance, the Italian donor organization of Caritas channels scholarships through JRS.

JRS primarily focuses on providing distance learning based in Kakuma through the University of South Africa, but also facilitates direct studies in Nairobi. UNISA’s distance learning program provides an opportunity for first-degree courses such as public or developmental administration, economics, sociology, psychology, education, business management, or community health.

Windle Trust Kenya offers scholarship support for first-degree programs in Nairobi, second-degree programs in Nairobi and the UK, and also coordinates the WUSC Program, a first-degree program to a Candadian University via educational resettlement.

According to students familiar with the scholarship programs, the objectives of the scholarship programs are 1) to satisfy the intellectual quest of individuals; 2) to empower the refugee community; 3) to allow individual refugees to be self-reliant and 4) to develop skills so that refugees can contribute to the development of their countries when returning back home.

KANERE met with three graduates of higher education scholarship opportunities in Kakuma and they shared their stories of privilege and frustration.

* * * * *

Beley was interviewed at the UNISA (University of South Africa) compound where he is involved in physical fitness exercises. He completed his scholarship studies a year ago, but the UNISA compound is his “second home” where he reads and does physical exercise. In his own estimation, “I am a part of this compound.”

Beley says his application was accepted and he began scholarship learning in 2002 in Business Management and Economics. The scholarship was paid for by JRS and Karitas, an Italian NGO. Before he began education, he had run a small business, which he stopped in order to concentrate on studies. He continued working in the IRC Adult Education Program as a business skills teacher in afternoons, and also advised local business people.

After graduating from the UNISA distance program, he continued teaching business skills for a monthly incentive payment of 3000 Ksh. He says the career opportunities are very limited: “There is no job market [in Kakuma]. As a policy, refugees cannot be employed as salaried workers. Thus my mind is changed, but there is no change in my living standards.”

“My privilege is that my educational level has changed and upgraded. The way for further education is open, and many of my skills are employed, for example in communication skills. But my frustration is that I have no material gains, life is not changed, and is morally down.”

Beley says that in order to chart a way forward, humanitarian agencies must take action to re-structure the deadening atmosphere of the refugee camp. “If the UNHCR people listen to this; I believe a policy review is very important.”

* * * * *

Addis is married and a father of two children. In 1991, he was a student at Addis Abbaba University College of Social Scienes. In the same year, he was forced to flee his country. From 1991 to 1993 he stayed in Walda Refugee Camp, Kenya, until the camp was closed and the refugees were moved to Kakuma Camp.

In 1999, Addis was registered as a student in UNISA with the first group of students to be enrolled in the then-new program. From 2000 to 2003, he joined Daystar University as a student sponsored by WTK, where he completed his BA in Community Development.

From 2004 to 2006, Addis studied at the University of Nairobi on a sponsorship from the German Academic Exchange Service (DAAD), where he completed a Masters in Sociology of Disaster Management.

After completing this postgraduate studies, Addis says it was “back to Kakuma.” He says he has used his educational skills only indirectly, through a series of incentive jobs with Kakuma-based NGOS. He joined WTK where he tutored UNISA undergraduate students in management. For a time in 2007 and 2009, he worked with FilmAid International as an outreach counterpart manager. Currently, he serves as an English language instructor with WTK.

Through his knowledge Addis has tried to contribute to community development, but he feels these efforts have been limited in the camp. “Although directly or indirectly, I have tried to contribute to the refugee population. But I also feel that if conditions were appropriate, I would have contributed much more than this.”

He says that scholars in Kakuma face particular challenges upon completion of studies. The employment market is dismal, if not non-existent. In order to be employed, he points out, one needs a work permit. But refugee status in Kenya prohibits one from obtaining a proper work permit, and getting proper documentation for working abroad (the Convention Travel Document) is a “hectic process.”

The few employment opportunities within Kakuma are hardly relevant for those with higher education. “Within Kakuma refugee camp, we are given low-level positions regardless of our qualifications, which are meant to be a level of reading and writing English. For instance, these jobs can typically be filled by form-four leavers (or secondary school graduates).”

“With all these trainings and qualifications in which our sponsors invested millions of shillings, our future still looks gloomy and we are counting our days in Kakuma refugee camp,” says Addis.

In looking to the way forward, Addis believes that “our sponsors should have liaison offices which help refugee scholarship holders get jobs after completing their studies.” He adds, “UNHCR should be gracious and sympathize with refugee scholars in order to consider them for resettlement. At the same time, they should facilitate scholars by getting Convention Travel Documents.”

* * * * *

Luis is a Rwandan refugee who is married with three children. He began studying sociology and criminal justice in 2001 with a scholarship from JRS. During his studies, he worked as a child development caseworker with LWF. Upon completing his studies in 2006, he resigned from the post but continued volunteering as a Child Advisory Committee member. Today, he and his family survive on the profits of his small business.

“I am very happy to complete studies,” he says. “I will never forget JRS in my life; I consider that organization as my parent.”

While the Sudanese refugees were still a significant population in Kakuma, Luis sold construction materials like poles, plastic sheets, and makuti (grass matting used for roofing). When the Sudanese began repatriating, he started bringing plastic sheets for roofing and supplies for retailers. He obtains his materials from Nairobi through brokers. Reflecting on his business experience, he says, “This business has a lot of frustration due to lack of free movement.”

He says that he never applied the knowledge he gained from his studies due to lack of relevant jobs in Kakuma and the Kenyan policy prohibiting refugees from gainful employment.

“In my opinion, the Kenyan government and UNHCR policies should be reviewed to facilitate the potential refugees to get Convention Travel Documents to move freely from place to place for jobs. For example in Southern Sudan, skilled manpower is badly needed, but due to lack of travel documents, it is impossible to get there. I would wish to continue studying instead of wasting my time on a business which is irrelevant to my studies. If you do not get a job that is relevant to your studies and does not pay you to survive well, it becomes difficult and frustrating.”

Volume 1, Issue 4-5 / March-April 2009

How do students, teachers, and parents view the poor performance of primary schools in the camp?

Many students attending primary school in the camps perform poorly during exams. Different people hold different opinions about the root of this problem. But what do those who are directly involved—students, teachers, and parents—say about the cause of the problem?

In 2008, 1215 students sat for KCPE exams (Kenya Certificate of Primary Education) from all primary schools in the camp. Only 440 students scored a passing mark of 250 and above, while the majority (775 students) failed to score the minimum half-way mark of 250. One can ask why 64% of students failed their exams and only 36% passed. What is at the root of this poor performance in primary schools here in the camp?

Students: It’s the teachers

Upon talking with some students about the issue, it seemed that the blame rests with teachers.

One student complained that teachers do not explain lessons clearly; as a result, students could not understand the material. For that reason, they did not score good marks on assignments and exams.

Another student said, “Some teachers speak an English that we cannot get.” According to this student, some teachers pronounce or speak English in a way that causes students to “be in a daze” of what they tried to convey. Consequently, students are unable to grasp lessons and eventually perform poorly.

Another student blamed teachers for not explaining lessons in Kiswahili. According to this student, refugee students understand Kiswahili better than English, so teachers should sometimes explain lessons in Kiswahili, especially when they fail to make students understand in English.

Teachers: It’s the students, parents, and pay

Upon listening to some teachers, it seemed that the blame in fact rests with students and their parents. One teacher reported that students were not serious about their education. He cites the fact that students do not respect their teachers, and do not do their assignments as instructed.

Another teacher said that students perform poorly because their parents were not responsible. According to this teacher, if parents could make sure that their children revised their lessons daily and did their assignments, performance could improve.

Parents: A failing system

On their side, parents have a different opinion on the cause of poor performance in primary schools.

One mother blamed the fact that classes are overcrowded, explaining that there are often 80 to 150 students in one class. In such a situation, she says, teachers are unable to monitor students individually. Consequently, teachers cannot identify their students’ weaknesses and address them specifically.

She also added another problem: unqualified teachers. According to her, there are many teachers who are not qualified for the courses they are assigned to. For that reason, they are unlikely to explain their lessons effectively. Students therefore fail their exams because they did not understand lessons in the first place.

Another mother said that students perform poorly because they play too much during school, and because their teachers do not check whether they are absent or not. She explained that it is common to find some students reporting to school only during exams. This, she says, goes unnoticed by many teachers and encourages students to relax at home without much worry of being thrown out of school.

She added that having too much time for playing is also a problem because it causes students to lose their focus and concentration. She wondered why students should go to school to play the entire day while they are supposed to be taught. Another parent, a father, blamed teachers who simply tell students to write down notes from the blackboard without explaining the content. He is also disappointed with teachers who do not give enough exercises to students. According to him, it is impossible for students to perform well when their teachers only give them notes that they cannot figure out, and do not give enough exercises to help students put their knowledge in practice.

He added that students were sometimes given too much time to relax in class when there is no teacher. This, he says, encourages students to build love or sexual relationship that will distract them and eventually make them fail their exams.

The way forward

Having listened to the three groups, it is clear that they blame one another. However, each group addressed important points that can help improve the performance in primary schools. The first point is that students score low marks because they do not understand their lessons. The second point is that parents’ lack of involvement in their children’s education causes children to neglect their daily lessons and do their assignments carelessly.

Students tend to perform well in subjects that they understand well. When parents and teachers follow the education of children closely, they tend to notice their children’s gaps of knowledge in specific subjects. Addressing these gaps in time—both at home and in school—helps children achieve better understanding on those subjects and eventually score good marks.

Students and teachers will probably continue blaming one another for the cause of low performance in primary schools. But, from the midst of their diverse opinions, two points are important to take into consideration: the need to help students understand lessons well; and the need to help parents become involved in and responsible for the education of their children.

Volume 1, Issue 4-5 / March-April 2009

Only 9 students of 284 scored a qualifying mark on the KCSE exams for entry to Kenyan public universities.

Only 9 students of 284 scored a passing score on the 2008 KSCE exams (Kenya Certificate of Secondary Education) and qualified for entry to Kenyan public universities. The passing students represented 3 percent of the 2008 KCSE candidates; the remaining 97 percent missed the opportunity.

None of the two remaining camp secondary schools produced a grade B+ for boys or C+ for girls, leaving the candidates out of the competition for the WUSC Program (World University Scholarship of Canada) in 2009.

Of the 26 girl candidates, only one student managed to obtain a C- grade, which is still below the minimum C+ university entrance requirement. Nevertheless, the girl received a certificate of “best girl” from the LWF Education Department during the education day celebration held on 13^th March.

2008 KCSE results dropped nationwide, a performance drop attributed to the 2007 post-election violence and ensuing chaos, according to the Kenyan Education Minister Sam Ongeri.

The poor performance in Kakuma Refugee Camp schools is unlikely to be attributed to the above cause, as noted by an education officer. “Kakuma was not hit by the post-election chaos, so teachers’ motivation contributed much in the poor performance in our schools,” the officer commented. This was corroborated by a secondary school teacher who said, “Refugee teachers are not treated fairly.”

Of 284 students registered for the 2008 KCSE exams, 13 students results were pending or withheld, while 7 were absent on exam day.

Volume 1, Issue 4-5 / March-April 2009

Commercial sex workers in Kakuma Refugee Camp report that they are forced by poverty and dependency to resort to their profession, despite grave risks

The oldest profession on earth is no stranger to Kakuma Refugee Camp. The hostile conditions, powerlessness, and dependency of refugee encampment expose women to especial risk.

“I am a single mother. I stay with my five children, and one was killed. Now that I have no job and nobody can help me with money to buy food for my children, the only alternative is to engage in commercial sex work,” says Mama Clina*, a Rwandese single mother who also runs an illicit brewery.

It is difficult to know how many commercial sex workers are active in the camp. An official from NCCK (National Council of Churches of Kenya) says they do not separate commercial sex workers in their programs due to fear of discrimination, so they are integrated with other groups and cannot be easily traced.

One commercial sex worker told KANERE that she knows they are many but cannot estimate the actual number.

A matter of survival

Commercial sex workers say that poverty forces them to their profession.

“I did not choose to be a commercial sex worker. If I can get an income to satisfy my children and my needs, why should I continue to bear the branding from my women colleagues in the community that I snatch their husbands?” asks a Ugandan commercial sex worker.

“Yet I force nobody to come and see me,” she adds.

One woman paints the picture plainly. “I have to sell what I have. It is my body because other people sell their good from their shops.”

Most commercial sex workers in Kakuma are single mothers who lost their husbands during war and conflict in their own countries. They say that it is not safe for them to return to their home countries, but life in the camp is also challenging. Although refugees receive food rations every fortnight, commercial sex workers report that it is not sufficient.

“Food and firewood that cannot last these two weeks! Where is meat, fish, green vegetables, and fruits? Other refugees working with NGOs can buy these. Our bodies too need these foods that are not distributed by WFP, and our children are suffering,” Mama Clina says.

According to Mama Clina, clients consist of NGO workers, refugees, and locals. “When customers come to take our beverages, chang’aa, busaa, or ingenzi [local illicit brews], they also request us to have sex with them. The client pays me as he appears. When he is an NGO staff and is smart, he pays me 300 to 500 Ksh, but the rest I charge 100 to 200 Ksh,” Mama Clina says.

She reports that most sex workers see about two clients per day, on average, and earn at least 200 Ksh towards their daily bread.

Other women in the camp community are not happy with sex workers’ behavior. Some do not understand the women’s motives. “Some of the commercial sex workers are sick. Even if you give them millions of money, they will still want to sleep with men. However, I want to say that they are poorer than us,” one Rwandan woman told KANERE.

NCCK seeks to offers alternatives to sex work

NCCK, an NGO working with reproductive health in the camp, started income-generating activities in 2005 to alleviate women’s vulnerability in the camp.

“We empower them economically through offering catering services, whereby they use some capital and we pay back together with interest.† Apart from catering services we also offer them alternative livelihoods through hairdressing, small foods kiosks, peanut butter production, poetry, tailoring, and selling soft drinks,” says the NCCK Project Coordinator, Mr. Rafael.

The program started with eight women and has since expanded to include 25 women’s empowerment groups, partly comprised of commercial sex workers. Each group is comprised of either five or ten members.

Speaking on the impact of the project to these women, Mr. Rafael says, “We first do reproductive health advocacy to help have safe motherhood and prevention of HIV, safer sex through condom use and change of livelihood. Secondly, the program protects them from violence, arrest by law enforcement officers, risk of acquiring HIV/Aids and STIs, and SGBV [sexual and gender based violence].”

Alternative livelihood programs are meant to assist behavior change among vulnerable women, including commercial sex workers, women living with HIV, illicit brewers, and single mothers with large families.

One NCCK staff who sought anonymity told KANERE that some commercial sex workers refuse to abandon their behaviors during the pre-selection interviews. “They tell us that it is their right to have sex, and they question who will fulfill their sexual needs when why stop. However, they are few. In this case, we offer them health education on safer sex and prevention of STIs and HIV.”

A “grave matter”

But many women enrolled in the program are concerned with the duration of assistance.  When the assistance they receive from NCCK runs short, they go back to selling sex.

One Congolese women describes her experience this way: “We are five mothers. In the beginning we were given two bags of rice and beans, per two mothers, that we had to use during our turn of catering services in 2007. We served in that workshop and got around 3000 Ksh of interest. The workshop is held once per year or year-and-a-half. Can these 3000 Ksh sustain a family life of four people for the whole year?”

“It is difficult to leave commercial sex work in this situation,” she continues. “Even the grant they give us to start will have been consumed all at the end of the year.”

Women are aware of the health risks that attend their work. Several commercial sex workers who spoke to KANERE referred to their profession as a “grave matter,” referring to the risk of serious health consequences. They know the long-term dangers of their work, but say they have no other way to survive in the refugee camp.

Two women told KANERE that they are HIV positive. Sometimes their clients refuse to use condoms, while others assent. They say they have no choice in the matter, as condom use depends on their clients’ preference.

The women report that they do not attend regular medical checkups. They only seek medical attention when a disease becomes significant enough to interfere with their work.

Seeking empowerment

Women engaged in commercial sex work told KANERE that their message is to be empowered completely so that once they accept change, there will be no chance to turn back. They want to enjoy life like any other member of their community.

Community members, leaders, and NGOs should work together with the Government and UNHCR to provide vulnerable women with more employment and income-generating opportunities to support their self-reliance and avoid the risks that await them.

*Not their real names.

^† Not to be confused with the women’s catering groups of LWF which were dissolved in January 2009. (See: “Women’s Empowerment, But Only for a Moment.”)

Volume 1, Issue 4-5 / March-April 2009

For children living with unknown developmental disorders in Kakuma Camp, the medical situation is unpromising and the future profoundly uncertain.

Many families in the Kakuma Refugee Camp struggle to nurture their children living with developmental disorders. In the face of severe challenges, they do not know where to go for help. They have tried to seek help in the local hospital and clinics, where treatment possibilities have already been exhausted or are simply unavailable.

KANERE investigates several cases of children living with unknown developmental disorders in the camp.

* * * * *

Abdi* is four years old and was born in Nairobi. He first began to develop problems after he was mistakenly hit by a table. Since then, things have not been well for the boy or his family.

“I have been taking the boy to the main hospital for check-ups and I’m only given some tablets for him,” cries his mother, a Somali refugee who sought anonymity.

The young boy is four years old and cannot utter a word. “The doctor at clinic one told me to keep on checking whether my son’s name will be short-listed for those who will be taken to Nairobi for check-up. My son needs to be scanned in his head,” says his mother.

Abdi’s mother says that she will give up hope for her son’s treatment if this year goes by without receiving treatment in Nairobi. “I have no money to take my boy to a good hospital. I have to rely on the local IRC Hospital, but they are delaying to take a step forward and I’m losing patience,” she says.

Her husband has no job and she has four children. One of her children has passed away. “I think the services at the camp hospital are not all that good. My son has an eye problem and I’ve taken him to the hospital several times and no remedy for his eye problem has been reached. The hospital lacks some facilities and equipment for checking such problems like eyes and scanning heads,” complained Abdi’s mother.

The boy was once taken to JRS (Jesuit Refugee Services) but could not stay there without seeing members of his family, and so he cried so much that they opted to let him stay at home.

* * * * *

Aden* is six-years old and has never walked in his life. He was born normal but began developing problems after one month of age. His parents took him to the IRC Main Hospital to seek a medical check-up. At the hospital they were told that the boy was suffering from allergies to some food like milk and flour.

UNHCR helped the family to take the child to a better-equipped hospital in down-country Kenya. “He keeps on having diarrhea continuously, and that is why we have to keep in tying pads and nappies round him every day. The doctor advised us to give him foods rich in protein like fish, eggs, and meat, but can we afford it? We can’t,” declared Aden’s mother.

According to Aden’s parents, the IRC Main Hospital has been unable to administer proper treatment to their son. Consequently, the parents have given up on seeking treatment for their son. The boy has undergone four operations in Nairobi.

“Sometimes our son suffers from high fevers. He is very thin and weak, unlike earlier when he was very healthy and good looking. He also eats what the other family members are eating since we don’t have money to buy him a special diet,” laments his angry mother.

The boy has not been taken to JRS because IRC has not issued an approval document for the boy to receive care from JRS.

* * * * *

Solomon,* aged 12 years, has never spoken a word since the day he was born. He suffers from some sort of mental disorder but his family does not know what it is. His parents were told in Nairobi that he has a problem in his chest which is the source of his problem. His nose is perpetually running causing open sores on his face. He has a problem with his legs and he cannot walk by himself without support.

“He left Kakuma last year by himself and went up to Nairobi by Daya Bus. We looked for him everywhere but we could not find him. On reaching Nairobi, since he did not know anyone there and with his mental incapacity, he started roaming alone in Nairobi. It is then that he was knocked down by a speeding vehicle and his legs were broken,” recounts his mother.

Somolon was rushed to Kenyatta Hospital in Nairobi where, by coincidence, a refugee from Kakuma had brought her child to the same hospital. She identified the boy and immediately called his parents to inform them that their son was in Nairobi in critical condition. His father traveled to Nairobi where he found his son admitted.

The bill for the hospital was paid by well wishers among the family’s Muslim community. “I didn’t seek any help from UNHCR because I didn’t know where exactly to start from. Again, I fear entering into those UN compounds,” explained Solomon’s father.

“As for the mental problem, I took him to the Main Hospital several times but at long last the hospital told me that they could not handle the situation,” explained his mother. Solomon can bathe alone but cannot go to the latrine without assistance. The family has designed a special chair so that the boy can sit over the latrine.

The family was never able to discover the driver of hit-and-run accident which left Solomon crippled. They were told that the driver was arrested later, but could not obtain any information on where he was located or whether they could be compensated. The family says have chosen to forget all about the accident.

* * * * *

Salina* was born in 2005. She was born healthy and developed normally until reaching the age of one year. At this point, her family realized that she had a developmental problem and she was taken to the IRC Main Hospital in the camp. “At the hospital we were told that she was suffering from malnutrition,” explains one of her brothers.

Her legs and hands were paralyzed and she could not stand up on her feet. Saliva continually flowed from her mouth. “We took her to several hospitals in down-Kenya including Nairobi Hospital, Kijabe, and Kikuyu Mission Hospital. Even there we were told that the girl was suffering from malnutrition,” says one of her sisters.

UNHCR and IOM [International Organization for Migration] took care of the hospital bill and other expenses. Salina was admitted for one week during each trip for treatment to Nairobi. Her family traveled by road to reach hospitals down-country.

“The problem was so serious from January of this year. We lost her on 27^th February. We held a small burial ceremony on the same day as is our religion,” says her brother.

Salina’s mother has borne ten children, four of whom have died, leaving her with six children. All of her children who died were breastfed, and she thinks that the problem may emanate from her milk since those who were not breastfed are all alive. She has been married twice.

* * * * *

These children and their families face profound uncertainties. What ailment does their child suffer from? They are sometimes given conflicting diagnoses or none at all. Could their child ever be cured? Parents say they are tormented by the possibility that their child could develop normally with access to more advanced medical care—yet they are unable to provide their children with this care.

The clinical officer for IRC (International Rescue Committee), Eric, says that the medical outlook for such children is often ambiguous. “Those children with congenital mental problems cannot get well even if they are taken to the highest and best hospital. For those whose problems developed after they were born, they can get well but funding also matters. Even if they were living in urban areas where they could get access to better care, the issue of money will matter and it will be expensive.”

On contacting the JRS Mental Health Programme on 12^th March, the response was that officials could not give out information to the press until contacting their manager for permission. When the manager returned, she was reached for comment but was very busy and could not speak to KANERE.

Many families in the Kakuma Refugee Camp struggle to nurture their children living with developmental disorders. In the face of severe challenges, they do not know where to go for help. They have tried to seek help in the local hospital and clinics, where treatment possibilities have already been exhausted or are simply unavailable.

KANERE investigates several cases of children living with unknown developmental disorders in the camp.

* * * * *

Abdi* is four years old and was born in Nairobi. He first began to develop problems after he was mistakenly hit by a table. Since then, things have not been well for the boy or his family.

“I have been taking the boy to the main hospital for check-ups and I’m only given some tablets for him,” cries his mother, a Somali refugee who sought anonymity.

The young boy is four years old and cannot utter a word. “The doctor at clinic one told me to keep on checking whether my son’s name will be short-listed for those who will be taken to Nairobi for check-up. My son needs to be scanned in his head,” says his mother.

Abdi’s mother says that she will give up hope for her son’s treatment if this year goes by without receiving treatment in Nairobi. “I have no money to take my boy to a good hospital. I have to rely on the local IRC Hospital, but they are delaying to take a step forward and I’m losing patience,” she says.

Her husband has no job and she has four children. One of her children has passed away. “I think the services at the camp hospital are not all that good. My son has an eye problem and I’ve taken him to the hospital several times and no remedy for his eye problem has been reached. The hospital lacks some facilities and equipment for checking such problems like eyes and scanning heads,” complained Abdi’s mother.

The boy was once taken to JRS (Jesuit Refugee Services) but could not stay there without seeing members of his family, and so he cried so much that they opted to let him stay at home.

* * * * *

Aden* is six-years old and has never walked in his life. He was born normal but began developing problems after one month of age. His parents took him to the IRC Main Hospital to seek a medical check-up. At the hospital they were told that the boy was suffering from allergies to some food like milk and flour.

UNHCR helped the family to take the child to a better-equipped hospital in down-country Kenya. “He keeps on having diarrhea continuously, and that is why we have to keep in tying pads and nappies round him every day. The doctor advised us to give him foods rich in protein like fish, eggs, and meat, but can we afford it? We can’t,” declared Aden’s mother.

According to Aden’s parents, the IRC Main Hospital has been unable to administer proper treatment to their son. Consequently, the parents have given up on seeking treatment for their son. The boy has undergone four operations in Nairobi.

“Sometimes our son suffers from high fevers. He is very thin and weak, unlike earlier when he was very healthy and good looking. He also eats what the other family members are eating since we don’t have money to buy him a special diet,” laments his angry mother.

The boy has not been taken to JRS because IRC has not issued an approval document for the boy to receive care from JRS.

* * * * *

Solomon,* aged 12 years, has never spoken a word since the day he was born. He suffers from some sort of mental disorder but his family does not know what it is. His parents were told in Nairobi that he has a problem in his chest which is the source of his problem. His nose is perpetually running causing open sores on his face. He has a problem with his legs and he cannot walk by himself without support.

“He left Kakuma last year by himself and went up to Nairobi by Daya Bus. We looked for him everywhere but we could not find him. On reaching Nairobi, since he did not know anyone there and with his mental incapacity, he started roaming alone in Nairobi. It is then that he was knocked down by a speeding vehicle and his legs were broken,” recounts his mother.

Somolon was rushed to Kenyatta Hospital in Nairobi where, by coincidence, a refugee from Kakuma had brought her child to the same hospital. She identified the boy and immediately called his parents to inform them that their son was in Nairobi in critical condition. His father traveled to Nairobi where he found his son admitted.

The bill for the hospital was paid by well wishers among the family’s Muslim community. “I didn’t seek any help from UNHCR because I didn’t know where exactly to start from. Again, I fear entering into those UN compounds,” explained Solomon’s father.

“As for the mental problem, I took him to the Main Hospital several times but at long last the hospital told me that they could not handle the situation,” explained his mother. Solomon can bathe alone but cannot go to the latrine without assistance. The family has designed a special chair so that the boy can sit over the latrine.

The family was never able to discover the driver of hit-and-run accident which left Solomon crippled. They were told that the driver was arrested later, but could not obtain any information on where he was located or whether they could be compensated. The family says have chosen to forget all about the accident.

* * * * *

Salina* was born in 2005. She was born healthy and developed normally until reaching the age of one year. At this point, her family realized that she had a developmental problem and she was taken to the IRC Main Hospital in the camp. “At the hospital we were told that she was suffering from malnutrition,” explains one of her brothers.

Her legs and hands were paralyzed and she could not stand up on her feet. Saliva continually flowed from her mouth. “We took her to several hospitals in down-Kenya including Nairobi Hospital, Kijabe, and Kikuyu Mission Hospital. Even there we were told that the girl was suffering from malnutrition,” says one of her sisters.

UNHCR and IOM [International Organization for Migration] took care of the hospital bill and other expenses. Salina was admitted for one week during each trip for treatment to Nairobi. Her family traveled by road to reach hospitals down-country.

“The problem was so serious from January of this year. We lost her on 27^th February. We held a small burial ceremony on the same day as is our religion,” says her brother.

Salina’s mother has borne ten children, four of whom have died, leaving her with six children. All of her children who died were breastfed, and she thinks that the problem may emanate from her milk since those who were not breastfed are all alive. She has been married twice.

* * * * *

These children and their families face profound uncertainties. What ailment does their child suffer from? They are sometimes given conflicting diagnoses or none at all. Could their child ever be cured? Parents say they are tormented by the possibility that their child could develop normally with access to more advanced medical care—yet they are unable to provide their children with this care.

The clinical officer for IRC (International Rescue Committee), Eric, says that the medical outlook for such children is often ambiguous. “Those children with congenital mental problems cannot get well even if they are taken to the highest and best hospital. For those whose problems developed after they were born, they can get well but funding also matters. Even if they were living in urban areas where they could get access to better care, the issue of money will matter and it will be expensive.”

On contacting the JRS Mental Health Programme on 12^th March, the response was that officials could not give out information to the press until contacting their manager for permission. When the manager returned, she was reached for comment but was very busy and could not speak to KANERE.

Volume 1, Issue 4-5 / March-April 2009

With food supplies already meager, refugees must exchange food items for staples such as charcoal, leaving them hungry.

Black days

In Kakuma Refugee Camp, food rations are distributed every 15 days according to the number of people living in a household. But refugees report that the rations actually last between 10 to 12 days at most, depending on how different families manage them. For two to five days at the end of each cycle, those who are dependent on rations go without food. For an estimated 40% of families staying in Kakuma Camp who are totally dependent on food aid, these are called “black days.”

The insufficiency of food rations is compounded by the need for exchange: refugees must sell a portion of their rations in order to exchange for other necessary needs not provided by humanitarian aid. Major needs are charcoal, batteries for a torch and kerosene, and soap.

How to get cooking?

The vast majority of refugees in Kakuma use charcoal for food preparation, as food received at the centres is distributed in raw form and not ready to eat. Thus, they are forced to find some means of cooking.

Several years ago, there was a much-vaunted program to bring “solar cookers” to Kakuma Refugee Camp. However, these have all but disappeared and only a few can be found in various states of disrepair around the camp. Community members report that the solar cookers were very slow to heat, so that boiling water could take up to two to three hours, and sometimes never even reached a boiling state.

According to one GTZ (German Development Cooperation) staff who assisted in the introduction of the solar cookers to Kakuma, “We faced a hard time during demonstrations as we could wait hours for some food to be cooked, or it failed.”

The firewood distributed by GTZ provides 10kg per person for a time period of 40 to 60 days. The intervals of distribution are variable. “Frequencies [of distribution] depend on the year,” says James Toto, the GTZ Energy Monitor. “Like last year, we had 10 cycles and we were not strict.”

When asked why GTZ is not strict on the cycles projected, Mr. Toto says that last year GTZ had only planned five cycles, but went ahead to explain to donors who agreed to fund more cycles. This year, GTZ has only planned six cycles and has already conducted two.

Although firewood is distributed only six times per year, the 10kg personal package can only be expected to last about 4-6 days. “Surely, 10kg of firewood are not enough for one week, leave alone two months,” admits Mr. Toto. A young woman working at the firewood distribution added, “Actually, 10kg of firewood can only go up to five days.”

Food for charcoal

Chandy works as a refugee incentive worker and is the breadwinner for her size-five family. She says that the firewood received at the distribution centre never lasts for more than eight days and the cycle is not regular; the last cycle was during the last week of March, while the one preceding it was within the second week of January.

“In one month, I use money to buy charcoals and kerosene to secure the first cycle of food, but for the second cycle, my mom uses maize meal or wheat flour depending on what is at distribution centres to buy at least two to three basins.”

According to local agreement, only local Turkanas are authorized to burn and produce charcoal as a means of livelihood. Refugees must purchase the commodity from locals according to a barter system. Local sellers move through the camp balancing large bundles of charcoal and hawking their products.

The exchange of food for charcoals is not standardized, but depends on agreement between individual refugees and sellers. Once agreed, exchange takes place at a refugee’s tent or hut. Bakuli (a standard bowl equivalent to one and a half kilograms) is used in measuring maize or wheat flour, then exchanged for a basin of charcoal.

Typically, the price of exchange ranges between two to eight Bakuli for one basin of charcoal, depending on the season. One basin might last between four to 15 days, depending on family size.

Totally dependent

In the refugee camp, refugees depend on non-governmental organizations (NGOs) for their basic human needs. Refugees who would otherwise seek informal work find themselves in Kakuma where the local Turkanas have no work to offer.

“In the other camp where I was, I worked for locals farming for them, and I was able to buy charcoal, kerosene, vegetables and fruits, apart from growing some in my own compound; but here, there’s no farming and still it is mandatory to have charcoals for cooking at least two basins per food distribution cycle, and a litre of kerosene to provide light in case a scorpion appears,” says Pascasie, a 49-year old women with a size five family residing in Kakuma.