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Closure of the Somali Border and its Implications on Refugee Protection

The Government of Kenya at the start of 2007 closed the Kenya/Somalia border following the flare up of conflict in Mogadishu. The border remains officially closed but refugees continue to trickle in through unofficial routes due to the continuing volatile situation in Somalia. UNHCR estimates that up to 35,000 asylum seekers have trickled in since the closure of the border.

Somali refugees remain the largest single nationality of refugees in Kenya and mainly reside in Dadaab camps, situated in North Eastern Kenya. Through the Ministry responsible for internal security, a travel ban was issued within Dadaab, restricting movement out of the camps, but also restricting movement from one sub-camp to another.

The closure of the border has however not deterred some asylum seekers from crossing into Kenya. But the directive to close the border has resulted in a high number of asylum seekers being returned, detained and tried in court for illegal presence. RCK has represented over 45 since the beginning of 2008. The Legal Aid programme working through its probono lawyers scheme managed get the deportation orders quashed and the asylum seekers taken to a refugee camp for refugee status determination.

Unfortunately, the numbers being returned may be higher than those RCK has represented. There is definitely a need to increase monitoring and advocate for the opening of the border.

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