For people who flee violence and conflict and seek refuge across borders, pain and suffering does not necessarily end once their destination is reached. According to IRIN, as many as 46,000 Somali refugees are living in Kenya with an “unclear legal status.” (The Refugee Consortium of Kenya puts this number around 100,000.) For all intents and purposes, a refugee with an “unclear legal status” translates into “illegal”:
“Urban refugees live largely without material assistance or legal protection, leaving them vulnerable to police arrest at any time, and face high levels of xenophobia from the local population,” Okoro [from the UN Office for the Coordination of Humanitarian Affairs] said. “The challenges faced by urban refugees in Kenya falls within the broader issue of the ‘hidden’ urban humanitarian challenges.
“Confusion over the processing of legal status for urban refugees and fear of deportation is exposing more than 40,000 urban refugees to serious humanitarian challenges with significant protection issues,” she said. “Responding to protection issues for urban refugees is a challenge without a clearer and better plan for implementing legal status for urban refugees.”
“Illegal” refugees – as they are sometimes mistakenly called – cannot avail themselves of their legal rights as refugees, nor can they access educational or employment opportunities without risk of alerting the authorities. Another IRIN report from last week quotes the Kenyan commissioner for refugee affairs at the Ministry of Immigration:
“The government has a duty to provide protection to refugees and this involves provision of shelter, food, health and medical care and education,” said Peter Kusimba, commissioner for refugee affairs at the Ministry of Immigration and Registration of Persons. “These, however, are only provided to refugees with legal immigrant status or are mandated by the UNHCR [the UN Refugee Agency] to be in the camps.
“It would, however, be difficult to provide services to unregistered urban refugees because they wouldn’t come out for fear of arrest but we encourage them to come and apply for legal immigrant status so that they receive these services like everybody else,” he added.
Yes, I’m sure that the process of applying for legal immigrant status is simple, straight-forward and focused on protecting individuals…No wonder so many refugees linger in legal limbo.