Human Welcome To Kenya Rights-Books Pdf

HUMAN Welcome to Kenya RIGHTS
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Welcome to Kenya, Police Abuse of Somali Refugees, Copyright 2010 Human Rights Watch. All rights reserved, Printed in the United States of America. ISBN 1 56432 641 1, Cover design by Rafael Jimenez. Human Rights Watch, 350 Fifth Avenue 34th floor, New York NY 10118 3299 USA. Tel 1 212 290 4700 Fax 1 212 736 1300, hrwnyc hrw org.
Poststra e 4 5, 10178 Berlin Germany, Tel 49 30 2593 06 10 Fax 49 30 2593 0629. berlin hrw org, Avenue des Gaulois 7, 1040 Brussels Belgium. Tel 32 2 732 2009 Fax 32 2 732 0471, hrwbe hrw org. 64 66 Rue de Lausanne, 1202 Geneva Switzerland, Tel 41 22 738 0481 Fax 41 22 738 1791. hrwgva hrw org, 2 12 Pentonville Road 2nd Floor, London N1 9HF UK.
Tel 44 20 7713 1995 Fax 44 20 7713 1800, hrwuk hrw org. 27 Rue de Lisbonne, 75008 Paris France, Tel 33 1 43 59 55 35 Fax 33 1 43 59 55 22. paris hrw org, 1630 Connecticut Avenue N W Suite 500. Washington DC 20009 USA, Tel 1 202 612 4321 Fax 1 202 612 4333. hrwdc hrw org, Web Site Address http www hrw org, June 2010 1 56432 641 1.
Welcome to Kenya, Police Abuse of Somali Refugees, Key Recommendations 9. Methodology 12, I Border and Refugee Transit Center Closures A Recipe for Police Abuses 14. Border Closure 15, Closure of the Liboi Refugee Transit Center 18. Possible Opening of a New Refugee Screening Center in Liboi 20. II Police Abuses against Asylum Seekers near the Dadaab Refugee Camps 22. Extortion and Violence in the Border Areas 23, Police Extortion in the Border Areas near Liboi 23. Police Violence in the Border Areas near Liboi 25, Unlawful Arrest and Detention of Asylum Seekers and Abusive and Inhumane Conditions of.
Detention 28, The Liboi Police Station 30, The Dadaab Police Station 32. The Garissa Police Station and Magistrates Court 33. Standards Governing the Detention of Asylum Seekers 38. Refoulement of Hundreds of Somali Asylum Seekers in Early 2010 40. Prohibition of Refoulement 42, III Abuse of Asylum Seekers by Criminals in the Border Areas 44. IV Police Violence against Refugees in the Dadaab Refugee Camps 46. Police Violence and Degrading Treatment in Public and in Refugees Homes 47. Police Violence in Ifo Camp Police Station 50, V Police Failures to Respond to Sexual Violence in the Dadaab Refugee Camps 52. Noted Patterns of Sexual Violence Consequences for Survivors 55. Violence against Women without Male Relatives and Minority Women 55. Assault of Girls and the Use of Drugs 56, Cycles of Violence Affecting Women Who Exchange Sex as a Means of Subsistence 56. Physical Consequences of Rape Related to Female Genital Mutilation FGM 57. Stigma Abandonment and Violence Following Rape 57, Failures to Investigate and Prosecute Sexual Violence 58.
Investigations Bought and Sold 63, Collection of Forensic Evidence 64. Arrest and Release 65, Consequences of Police Inaction 66. Police Capacity to Respond to Sexual Violence 67, Police Capacity to Prevent Sexual Violence 69. VI Unlawful Restriction on Refugees Free Movement and Abusive Imprisonment of Refugees. Convicted of Moving without Permission 71, Kenya s De Facto Encampment Policy 71. Keeping Refugees in Designated Areas 72, Special Permission to Move with Movement Passes 73.
Security Agencies Taking Over The Security Vetting Committee 73. Arrest of Refugees with Valid Movement Passes and Intercepting Ambulances 75. Imprisoning Refugees without Movement Passes and Abuses in Garissa Prison 77. Legal Principles 79, VII UNHCR s Role in Monitoring Violations of the Rights of Asylum Seekers and Refugees 83. VIII Comprehensive Recommendations 88, To the Government of Kenya 88. To the United Nations High Commissioner for Refugees 90. To the African Commission on Human and Peoples Rights Special Rapporteur on Refugees. Asylum Seekers IDPs and Migrants in Africa 92, To Donor and Resettlement Governments Providing Support to UNHCR and to Kenya 92. IX Acknowledgments 94, Kenyan police wearing green uniforms in three cars stopped us a few kilometers. before Liboi The driver talked to them in a language I did not understand but some of. the other passengers understood and said they were the police At one point they said. to the driver All men here will be weighed and according to their weight they will give. us money and if they can t pay then give us the passengers Then they took the. men including my husband away in a car leaving the rest of us seven women with. several children The police told us to get out of the bus They put me and two women. with children to one side I was pregnant Then four of them took the other women into. the bush They held us in the bush for three days On the third day two of the. policemen brought the women back We knew something bad had happened because. they were walking slowly and limping They had scratches their clothes were torn. some were barefoot and one woman had blood on the bottom half of her dress One. was crying They all looked like they were in shock They said the police had beaten. them The driver said he thought they had been raped because otherwise they would. have also taken all the women and because they could have just beaten us all where. we were next to the bus Later that day the police brought back the men and allowed. us to leave The men said the police had beaten them and stolen their money Human. Rights Watch interview 1 Ifo camp March 9 2010, The police said You are all in trouble everyone will be weighed The driver s.
assistant said the police wanted us to pay them money so we could pass Then some. of the police took us eight men to Liboi police station Others stayed behind with the. women The police held us for three days and two nights in a cell about 3m x 4m They. gave us no food or water We had to use the cell floor as a toilet On the second day six. policemen tied our hands behind our backs and made us lie down on the floor They. searched our pockets Some of us struggled and they kicked and punched us They. turned me around Three of them beat my chest with their rifle butts and two stamped. on my chest Another put his boot on the side of my face I still have problems. breathing On the third day we heard the police on the phone discussing with the. driver we had left in the bush That evening they drove us back to the same spot where. we had left the bus The women children the driver and his assistant were all there. We heard one of the officers tell the driver to give him money Then they let us go. Human Rights Watch interview 2 Ifo camp March 9 2010 Wife interview 1 and. husband interview 2 were interviewed by two different researchers in different. locations at the same time, 1 Human Rights Watch June 2010. Welcome to Kenya 2, 3 Human Rights Watch June 2010. We were treated like animals in a truck, Refugee detained at the Garissa police station in Kenya s North Eastern Province. Kenya s reputation for hospitality towards Somali refugees is turning sour Two decades after. they first started to flee the brutal conflict in their country Kenya provides asylum to 325 000. registered Somali refugees and probably an equal number who have not registered No one. doubts the weight of the burden But the authorities increasing demonization of these. refugees 80 percent of whom are women and children as a national security threat has. made them among the most vulnerable victims of Kenya s notoriously corrupt and abusive. police force, Near Kenya s officially closed border with Somalia police have free rein to intercept as many. as possible of the estimated 10 000 mostly Somali asylum seekers who cross the border. every month with the help of people smugglers Making no distinction between women. children and men police often use violence unlawful detention in appalling overcrowded. conditions and threats of deportation to extort money from them Some police officers rape. women near the border During the first ten weeks of 2010 hundreds if not thousands of. Somali asylum seekers unable to pay were unlawfully sent back to Somalia. The widespread threat of police interception and abuses forces most asylum seekers to. travel on small paths away from the main road between the border and the refugee camps. where common criminals often described by asylum seekers as men not wearing uniform. also prey upon them raping women and stealing the little they have. About half of all Somalis fleeing to Kenya register in the world s largest refugee settlement. made up of three overcrowded refugee camps near the town of Dadaab in north east Kenya. now hosting almost 300 000 people The other half make their way to Nairobi Kenya s. capital where very few are able to register as refugees due to the limited capacity of the. government and the United Nations High Commissioner for Refugees UNHCR In the camps. police responsible for protecting refugees sometimes detain assault and extort money from. them Police have also failed to investigate cases of sexual violence between refugees. leading to a climate of impunity for those responsible. Welcome to Kenya 4, Kenya currently unlawfully confines refugees to camps denying them their freedom of.
movement and choice of residence in contravention of the 1951 Refugee Convention. although thousands have also registered in Nairobi Under this policy police arrest refugees. travelling without and at times with permission extort money and sometimes take them to. court in Garissa where they are fined or sent to prison. Only by handing over money to police either when intercepted in the border areas or while. detained in the Liboi Dadaab and Garissa police stations can refugees pay their way out. of the abuse and intimidation, The systematic and widespread nature of the extortion racket and related abuses by police. officers are a direct result of Kenya s three year old border closure and the related closure of. a refugee transit center in the Kenyan town of Liboi 15 kilometers from the border and 80. kilometers from the camps The transit center previously served as a safe place where the. vast majority of Somalis fleeing their country first sought refuge in Kenya and from where. UNHCR transported them to the camps Without it police have turned the border closure to. their advantage setting up what in the words of a Kenyan who works with Somali refugees is. one big money making machine Kenyan authorities increasingly anti Somali political. rhetoric particularly after a Somali Islamist group s threat to attack the capital Nairobi has. helped justify the police s abusive behavior against Somalis. Police arresting newly arrived Somali asylum seekers incorrectly tell them they are unlawfully. in Kenya and charge them with offenses under Kenya s Immigration Act which prohibits entry. into Kenya without documents and a visa But the Act does not apply to asylum seekers who. under Kenya s Refugee Act have 30 days from the moment they enter the country to register. as refugees with the authorities at the nearest office of the Kenyan Refugee Commissioner. For Somalis crossing overland from Somalia that means the Dadaab camps. International refugee and human rights law prohibit refoulement the forcible return of. refugees to persecution of anyone to torture and in Africa of civilians to situations of. generalized violence Kenya has every right to regulate the presence of non nationals on its. territory and may therefore normally prevent certain people from entering or remaining in. Kenya including those viewed as a threat to its national security such as members of the. Somali Islamist group al Shabaab But Kenya may not close its borders to asylum seekers. and may not deport them or registered refugees back to Somalia. The fact that police in the border areas allow intercepted asylum seekers to pay their way. through checkpoints to reach the camps suggests that personal gain not national security. 5 Human Rights Watch June 2010, concerns is the real reason police arrest threaten and falsely charge them with unlawful. Although refugees are victims of police abuses in the border areas and the camps they. nonetheless rely on the police to protect them against crimes by private individuals. including the sexual violence against women and girls that has long plagued the camps and. their surroundings But women and girls who have suffered sexual violence describe an. utterly inadequate police response to sexual violence. The government maintains that police are instructed to conduct proper and timely. investigations However survivors say their complaints are often ignored rather than. investigated at other times are put on hold while police ask them to produce evidence. against the alleged perpetrator or are abruptly dropped without explanation In the rare. event that the police arrest alleged attackers survivors say that in most cases the police. release them hours or days later and take no further action in investigating or prosecuting. the offense Many women say that alleged attackers have successfully bribed the police to. prevent investigations from taking place or to secure their release if arrested. Kenya s international and regional human rights commitments oblige the authorities to. prevent investigate prosecute and punish violence against all women including refugee. women in Kenya There has been important progress in the police s response to sexual. violence during the camps nearly two decade long existence Sexual and gender based. violence cases can be prosecuted in a mobile court in Dadaab town every month and the. Welcome to Kenya 4 Summary We were treated like animals in a truck Refugee detained at the Garissa police station in Kenya s North Eastern Province

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