Yesterday was the pièce de résistance of my research so far - an interview with Kenya's Commissioner of Refugee Affairs. The Commissioner is the Head of the Department of Refugee Affairs and reports to the Minister for Immigration, so he is essentially the top guy for refugee management in the country. It was my third trip to the Department of Refugee Affairs - my first was for an interview with one of their Protection Officers, whose role it is to liaise with UNHCR on individual cases, visit local prisons and police stations to see if 'illegal immigrants' detained there might be asylum seekers, and assist with the government's registration and issuing of ID cards to refugees approved by UNHCR. The second visit to the Department was to deliver my letter of request for a meeting with the Commissioner. The Protection Officer I first met with advised me that this would be better than emailing or phoning. So I went and found the fanciest print shop and paper I could in Nairobi, plastered my letter with as many official looking university logos I could and hand delivered my letter to the office. And voilà, it worked!
The Department of Refugee Affairs is housed in a castle. While I suspect it was never really a castle - more likely the play thing of some colonial official with too much money - the fortified appearance, thick stone walls and turrets leave you in doubt as to what this was intended to be. My regular visits there have made me the subject of some interest to the staff - including the receptionist, who wears a long blue trench coat with 'Refugees are real people' inscribed on the back, and the guards at the front gate, one of whom seems always to want me to buy her tea (I'm not sure from where) and the other of whom wants me to take him to Australia! It's interesting stuff this research business, so here is a little snapshot of just a few of the interviews I have done in Kenya.
- Commissioner of Refugee Affairs, Government of Kenya. Despite the official hoops I had to jump through to secure the interview, and the imposing nature of his office (think white leather padded walls), the man himself was very relaxed, candid and a great person to talk to. His perspective on refugee protection in Kenya was extremely interesting and very different from most of what I have heard so far. In particular, he is concerned about the impact that the monolithic humanitarian industry in Kenya has on its refugee burden - while he certainly acknowledges that many humanitarian agencies provide essential and life-saving assistance to refugees, the appeal they hold for people in neighbouring countries, combined with their interest in sustaining their own business, perpetuates the very refugee 'problem' they purport to solve.
- Head of Refugee Status Determination, UNHCR Nairobi. UNHCR conducts refugee status determination in Nairobi as well is in Kakuma and Dadaab Refugee Camps. Here in Nairobi, the UNHCR office has just moved. When I visited they were still waiting for hot water and a functioning printer. Despite this, the head of RSD here in Nairobi has been one of the most open and helpful people I have met with so far. Not only was she very frank about her own work and that of her team, but she even arranged for me to observe an interview with an asylum applicant from the Democratic Republic of Congo - in Nairobi with seven of her eight children - and allowed me to take copies of numerous UNHCR documents that I have not been able to obtain elsewhere.
- Legal Intern, Kituo Cha Sheria. As often seems to happen with NGOs here in Kenya, the request for an interview from a researcher gets bumped on to the person with the least responsibilities and (supposedly) the most time. Having worked in NGOs, where staff do not have enough time to do their jobs let alone talk about them to researchers, I have total sympathy for this approach. As a researcher, I think sometimes it works in my favour. Though interns usually have less experience than more senior members of staff, the experience they do have is often fresher, giving them a more critical eye and an eagerness to talk about it. The interview also gives them a perhaps rare opportunity to be the expert in something, so they are more than forthcoming with information and willing to share stories, perspectives and useful documents. Possibly the most notable thing about Kituo Cha Sheria (which means Centre for Justice) was its location. Housed in a building in Eastleigh - a predominantly Somali area - my driver George had warned me not to wear open-toed shoes. When we got there, I found Eastleigh positively thriving with street-side business, dealing and life - this was one of the busiest and most chaotic places I have been, and that includes India! The problem, however, is that the 'street' ranges between mud, swamp and river. When the traffic got too chaotic (5 cars side-by-side trying to forge their way down a road which is one lane in either direction) George pulled up on the side-walk and suggested we walk. And while I appreciated George's shoe advice, I really think that unless I had been wearing gumboots it wouldn't have made a difference at all.
- Justice of the High Court of Kenya and the East African Court of Justice. This is the interview that gave me the most attire-related anxiety, owing to a Judge suggesting that we meet in one of Nairobi's poshest hotels. A fascinating man and one who has been involved in some high profile cases here in Kenya - including a Constitutional dispute about the date of the elections which, understandably given the election-related violence of 2007-8, was the subject of considerable attention. What impressed me most about this interview was the keen interest that the Kenya judiciary (at least some of them) has in refugee protection matters, despite them having very little jurisdiction of such matters at present. With the assistance of UNHCR and others, they have developed a refugee law training program for judicial officers, conducting regular training sessions around the country. While the implementation of the program still has a way to go - asylum seekers and refugees are still notoriously being arrested and convicted of unlawful presence, despite their right to be in the country - the willingness to engage with refugee protection and implement improvements was evident in both my interview with this High Court judge and in the 100-page refugee law training manual he shared with me afterwards.
On Monday I will travel to Kakuma Refugee Camp, in the north of Kenya and near the border with South Sudan. I had initially intended to also go to Dadaab - Kenya's other main refugee camp and the largest in the world. But owing to particularly bad security in the Somali border region at present and the fact the registration and refugee status determination is currently suspended, I will confine my visit to Kakuma. I will spend the week in Kakuma. It will be my last week of 'field research' proper and no doubt will prove to be one of the most interesting. I really don't know what to expect - like the Kibera slums in Nairobi, refugee camps are mostly painted as sprawling masses of UNHCR tents, poverty, malnourishment and enforced passivity. However more than one person I have spoken with so far has told me that Kakuma is a place where 'a lot is going on'. I guess I'll find out on Monday.
Castle House - currently home to the Department of Refugee Affairs |
A birds eye view of Eastleigh |
Very thought-provoking summary of 'African Asylum'. I'm intrigued. Would love to know your findings. Any follow up post?
ReplyDeleteInteresting story, what do you think happen to the refugee in Kenya?
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