The Threshold for national security as an exception to the principle of non refoulement: a Kenyan perspective

Abstract

This research provides a critical analysis of the government's directive to close Dadaab and Kakuma refugee camps. Further the research seeks to explain how the directive violates the principle of nonrefoulement established under Article 33 of the 1951 Convention of Relating to the Status of Refugees. It is also established under the 1967 Protocol relating to the Status of Refugees. The research focuses on national security as an exception to the principle of non-refoulement, and the threshold required for it. The main objective of this research is to establish whether the threat to national security meets the threshold required by law for the violation of the principle of non-refoulement. This will be achieved by analyzing statutes and regulations which prescribe the legal and regulatory framework for the ideal situation that is the upholding of the principle of non-refoulement. Based on the findings, the research will propose some recommendations for ensuring national security while still upholding the principle of non-refoulement. Ultimately, it is anticipated that this research will contribute to the scholarly research on the threshold required for refoulement on the basis of national security.