Tripartite Agreement Kenya Somalia Unhcr

The 2013 tripartite agreement contains detailed language defining UNHCR`s responsibilities for monitoring return and reintegration. In order for UNHCR to monitor the situation of returning refugees and communicate its findings to refugees in Kenya who are considering repatriation, UNHCR must have a significant presence in Somalia. In November 2013, the Ministries of Foreign Affairs of Somalia and Kenya and UNHCR signed a tripartite agreement in Mogadishu that paves the way for the voluntary repatriation of Somali nationals living in Dadaab. [8] [59] [60] The two governments also agreed to set up a repatriation commission to coordinate the return of refugees. [59] These repatriation efforts were in response to an attack on the Westgate Mall in Nairobi and the belief that Al-Shabaab, the militant group responsible for the attack, was using Dadaab to recruit new members. [61] [62] Informed consent – a comprehensive understanding of the conditions in the country to which one agrees to return – is the key to a voluntary return decision. Through non-governmental organization partners, UNHCR is responsible for providing each returnee with information on nine areas of return to Somalia in the five camps in Dadaab. Although UNHCR does not promote repatriation, it has assumed responsibility under the Tripartite Agreement of November 2013 to ensure that refugees have access to accurate and objective information on the situation in Somalia. However, Human Rights Watch found that the information provided to refugees in Dadaab is mostly superficial and outdated, and sometimes misleading. NGOs welcomed the agreement, but stressed that they hoped the three sides would understand that the current context in Somalia is not conducive to the mass return of refugees. “Only a few parts of Somalia are safe for return,” the NGOs said.

In November 2013, Kenya, Somalia and UNHCR signed an agreement on the “voluntary” repatriation of Somali refugees, which stipulates that both countries and UNHCR will ensure that Somalis voluntarily return safely and with dignity. The current experiences of many Somali refugees in Dadaab stand in stark contrast to these commitments, Human Rights Watch said. The Federal Government of Somalia and UNHCR confirmed that repatriation would continue to be voluntary in accordance with the tripartite agreement and that eight districts in Somalia, from which most of the persons originated, had been officially designated as safe for repatriation. [31] [65] However, the Kenyan government has sometimes threatened to close the Dadaab and Kakuma refugee camps. In May 2016, she said she had already dissolved the local department of refugee affairs as part of that decision, citing national security interests as the main reason for forced repatriations. [66] The CHR considers the Kenyan authorities` unilateral declaration to be irresponsible and has attempted to negotiate an agreement to ensure that the complex remains open. [67] The Kenyan government`s threat of closure is believed to be a ploy on its part to mobilize more foreign donations. [68] There is also a time when Somali federal authorities challenge the Kenyan government before the International Court of Justice for the demarcation of their respective territorial waters. [67] As a party to the 2013 “voluntary” repatriation agreement, UNHCR has been actively working to facilitate the repatriation of thousands of people from Dadaab to Somalia. UNHCR says it does not promote repatriation, but will facilitate the repatriation of Somalis who freely choose to return home, a distinction it makes for assisted repatriations to places it does not consider safe for most refugees. Dadaab (Somali: Dhadhaab) is a semi-arid town in Garissa County, Kenya.

It is the site of a UNHCR base, which was established on 13 September. May 2019 hosts 223,420[2] registered refugees and asylum seekers in three camps (Dagahaley, Hagadera and Ifo)[1], making it the third largest complex of its kind in the world. [3] [4] [5] [6] The Centre is managed by the Office of the United Nations High Commissioner for Refugees and its operations are financed by foreign donors. [7] In 2013, UNHCR, the governments of Kenya and Somalia signed a tripartite agreement facilitating the return of Somali refugees to the compound. [8] This Agreement also establishes a tripartite commission to monitor the return movement through regular visits to camps, consultations with refugee leaders, and visits to areas of return. The agreement, which will be in force for the next three years, gives Kenya the responsibility to simplify immigration formalities and procedures and facilitate departure from the country. The Government of Somalia should take administrative, judicial and security measures to ensure the return and reintegration of refugees without fear of harassment, intimidation, persecution, discrimination, prosecution or other punitive measures. UNHCR will also be responsible for reviewing the free and voluntary nature of return decisions made by refugees and ensuring that return is carried out in accordance with national and international law.

In the agreement, the three parties recognize that voluntary repatriation is a durable solution for refugees and stress that to achieve this solution, refugees must voluntarily return to their countries of origin in safety and dignity. The governments of Kenya and Somalia, as well as UNHCR, signed a tripartite agreement earlier this week to provide a legal framework for the voluntary repatriation of Somali refugees from Kenya and their reintegration into Somalia. .

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