Kenya

Forcibly returning around 350,000 refugees to Somalia would be a violation of Kenya’s obligations under international law and put hundreds of thousands of lives at risk, Amnesty International said today.

Dadaab, the world’s largest refugee camp, is situated in the north east of Kenya. It is about 100 km from Garissa, where 147 people, including 142 students, were murdered at the university on 2 April in an attack for which the militant Islamist group, Al-Shabaab, claimed responsibility. The move to close the camps has been presented as a security measure in response to that attack.

“The attack in Garissa underlined the need for the Kenyan government to better guarantee the security of its population. But this must not be done by putting at risk people Kenya is duty-bound to protect,” said Muthoni Wanyeki, Amnesty International’s Regional Director for East Africa, the Horn and the Great Lakes.

This morning’s horrific attack on a Kenyan university college by masked gunmen highlights the urgent need for the protection of students, college staff and other ordinary people in Garissa and other areas in the north of the country, said Amnesty International today. The organization is also calling for the authorities to conduct a prompt, impartial and effective investigation to bring the perpetrators to justice.

Garissa University College, a constituent college of Moi University, is located in northern Kenya, a part of the country known to be vulnerable to Al Shabaab attacks. 

“We urge the Government of Kenya to act decisively and within the Constitution and the law to ensure protection for those under or at risk of attack in Garissa and other areas of the north,” said Muthoni Wanyeki, Amnesty International’s Regional Director for East Africa, the Horn and the Great Lakes. 

The government’s continued failure to properly investigate crimes committed during the 2007-2008 post-election violence and to provide justice and reparation for its victims is having a devastating impact on their lives and livelihoods, Amnesty International said in a new report published today.

‘Crying for justice: Victims’ perspectives on justice for the post-election violence in Kenya’, provides powerful evidence of the ongoing suffering of Kenyans caught up in the violence which claimed 1,100 lives, displaced 660,000 and left thousands with long term injuries.

“Six years after post-election violence rocked Kenya, the victims are still awaiting justice. It is vital that their voices are heard and urgent action is taken,” said Salil Shetty, Amnesty International’s Secretary General, in Nairobi to launch the report.

“Many of the displaced have yet to be resettled or compensated, many of the injured or the families of those killed have yet to receive reparation to help rebuild their shattered lives and most of the perpetrators have yet to face justice.”

Kenya’s Somali community is being scapegoated in a counter-terror operation which has seen thousands subjected to arbitrary arrest, harassment, extortion, ill-treatment, forcible relocation and expulsion, Amnesty International said today.

In a new Briefing Paper Amnesty International documents a disturbing wave of serious human rights violations suffered by Kenya’s Somali community since a security crackdown - known as ‘Operation Usalama Watch’ - began in early  April 2014.

“It appears that ‘Operation Uslama Watch’ is being used as a pretext for the blanket punishment of the Somali community in Kenya. They have become scapegoats with thousands arrested and ill-treated, forcibly relocated and hundreds unlawfully expelled to a war-torn country,” said Michelle Kagari, Deputy Regional Director for Eastern Africa at Amnesty International.

Released Midnight GMT 18 February 2014

Widespread intimidation, the abuse of human rights and the withdrawal of services are forcing Somali refugees out of Kenya said Amnesty International in a report published today.

“The environment in Kenya is now so hostile that some refugees feel they have no option but to return to Somalia where the ongoing conflict in parts of the country continues to destroy lives. This is tantamount to forced return” said Sarah Jackson, Deputy Regional Director at Amnesty International.

Amnesty International’s report “No Place Like Home” reveals how life for Somali refugees has been made unbearable. People are denied access to registration, meaning they are illegally staying in Kenya, and are actively targeted by the police with indiscriminate arrests.

Abdi, 28, said “Here, in Kenya, it’s like a prison. At night we can’t leave the house, in the day we might be arrested. It is not currently safe in Somalia, we hear of killings and murder, but the situation here is very desperate… so instead of being here, let me go back.”

The UN Security Council must not give in to political pressure to defer Kenyan President Uhuru Kenyatta’s trial at the International Criminal Court for a year, Amnesty International said ahead of a scheduled vote on Friday.

Earlier this month, Rwanda, a Security Council member, circulated a draft resolution seeking the deferral. It is due to be put to a vote on Friday.

“The victims of the post-election violence in Kenya have waited long enough for justice,” said Tawanda Hondora, Deputy Director of Law and Policy at Amnesty International. “It would be a shame if Security Council members prioritized the personal interests of political leaders over those of victims of crimes against humanity.”

“Deferring the trial sets a dangerous precedent for international justice – paving the way for future trials to be derailed for political interests.”

The United Nations Security Council must not lose sight of the victims’ right to obtain justice for the horrific crimes that took place in Kenya’s post-election period nearly six years ago, Amnesty International warned ahead of talks on Thursday.

The UN Security Council is due to host an informal dialogue on the issue with representatives of Kenya and the African Union (AU). It comes after the AU’s request earlier this month for a deferral of the ICC trials of Kenyan President Uhuru Kenyatta and Deputy President William Ruto for their alleged role in crimes against humanity during the 2007/2008 post-election violence.

“A deferral of the ongoing International Criminal Court trials of Kenya’s leaders would send a dangerous message that the international community does not support justice for the victims of war crimes and crimes against humanity,” said Netsanet Belay, Africa Program Director at Amnesty International.