The principle of burden sharing: a study of burden sharing as a viable solution to the refugee framework in Kenya

Date
2020-11
Authors
Mwaniki, Lucy Wanjiru
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Publisher
Strathmore University
Abstract
The world has experienced an increase in the number of refugees and asylum seekers. A large number of refugees and asylum seekers are hosted in developing countries, Kenya being one of them. This has led to situations whereby the Kenyan government has sought to enforce encampment policies and repatriation of refugees. These moves by the government between 2013 to 2019 have led to court cases whereby the courts ruled that forced repatriation and encampment policies were a violation of constitutional refugee rights and the principle of non-refoulement.
Description
There are various conventions relating to the status of refugees. Kenya is a signatory to several conventions and treaties. Kenya acceded to the 1951 Convention Relating to the Status of Refugees the 1967 Protocol Relating to the Status of Refugees2 and the 1969 Organisation of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa. In addition, Kenya is a signatory to a number of international legal instruments covering international human rights law.
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