Local integration of Somali refugees: will it result in a reduction in terrorism in Kenya?
Mohammed, Hussein Abdinassir
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The legal basis of this paper is twofold. First is that the alignment of law, policy and practice in the treatment of refugees as per International and national laws is lacking. Second is that the existing legal framework relating to the movement, registration and treatment of refugees is lacking. This paper deals with preventing the social ill of radicalism and by extension terrorist activity by dealing with the root cause which will be proven to be radicalisation. The ultimate aim of this paper is to try to partly offer a solution to violent extremist activity and radicalisation and is directed towards finding measures that would do so. This paper will begin by outlining a general introduction to radicalism and violent extremism in Kenya. This introduction will be introduced from a purely social point of view, in order to grasp the social issues. Thereafter, the contributing factors to radicalisation and extremist violence will be looked at. A distinction between causes and catalysts will be made, with a brief outline of each and how they relate to the individual. Thereafter, this paper will look at how various organisations have attempted to combat radicalism and terrorism. This analysis will compare local and international attempts at solving the problem, with a focus on Kenya’s legal framework. Criticism and support of the current methods used to counter terrorism will be through the lens of the preventive value of these strategies. Investigation of hypotheses will then be done through research questions. The level of refugee participation in terrorist activity will then be ascertained through investigation. Once this has been determined, the legal means to counter refugee terrorist activity available to the state will be analysed. Within this analysis will be an investigation of whether the state follows legal principles, such as non-refoulment. Then, a comparison of possible solutions in different jurisdictions will be made. There will be special focus on legal integration as a possible solution. Finally, the paper will make findings based on what is presented. These findings will be on whether the state follows the legal framework surrounding treatment of refugees. Also, to what extent the refugees are to blame for terrorist activity and whether there are any weaknesses in the legal framework itself dealing with the treatment and integration of refugees. The paper will conclude by making the recommendations based on the findings of the topical issues. These are for a more appropriate integration policy (including education on integration and citizenship).