THE LGBTIQA+ REFUGEE CRISIS IN KENYA FACES INACTIVITY

April 10, 2022

THE LGBTIQA+ REFUGEE CRISIS IN KENYA FACES INACTIVITY AND SILENCE FROM AUTHORITIES. 


HAVE YOU EVER WONDERED WHY?

Being grateful that in the East African region, it is only Kenya as a state that grants asylum to people fleeing persecutions, fear of their lives, detentions, mob justice and discrimination due to their sexualities. It is in this African region that we find countries like Sudan, Uganda, Tanzania and Kenya where being gay is punished by either life imprisonment, death by the community, or 14 years of prison. 



Since 2010 - 2014, a massive migration of LGBTI in this region from place to place really increased as most countries had their homosexual bills signed in as laws during that period. 


Till date living circumstances aren't yet favourable for these people. LGBTI can't live freely in these communities and most of them have decided to flee to seek asylum. 



Since it is only Kenya granting asylum to them, the biggest number is living in unbearable conditions in urban areas and Refugee camps of Kenya. The biggest number that lives in urban areas (outside the camp) like Nairobi, Mombasa, Kisumu, Eldoret have to do this due to the horrible living standards of the camp and once they are caught by the country police, they have to spend a period of not less than six months in jail for breaking the country law that only permits refugees and asylum seekers to stay in refugee camps. 


Unless you're allowed by the government of Kenya to stay in urban areas, you have to call a refugee camp your home. 



Today let's try to analyse the circumstances that could be leading to reasons why relevant authorities like UNHCR, the UN Refugee Agency and the Kenyan government are silent and inactive to respond to the worrying, alarming, devastating LGBTIQA+ crisis in Kenya with appropriate measures to fix the human rights violation going on among queer people. 


Its on record that Kakuma Refugee camp, where the biggest number of these people live is a place filled with homophobia since 2014 till now. Thus, we conclude that HOMOPHOBIA EXISTS IN THE CAMP AND URBAN AREAS, however much authorities are informing the world that the situation is under control now, as in (they drived out the homophobia that was leading to the EVACUATION of lgbt since 2014 till 2019). Therefore, if its on record that Kakuma Refugee camp and urban areas still have homophobia, why is UNHCR and the Kenyan government still silent and inactive to protect these vulnerable minorities in their jurisdiction against the homophobic wrath that's actually claiming their lives;



1). Could we think of the low attitude that they have to protect lgbt lives, of which this comes alongside with a thinking that there might be a certain level of discrimination in the Refugee system basing on sexual differences? If other refugees and asylum seekers are protected, why does it have to be lgbtiq yet they are considered to be at a higher risk of facing serious protection challenges than any other group? 


Even proper safe accommodation failed to be availed to the extent that most of them choose to sleep outside in open air for their safety at night from raids and arson attacks!!!! 



2). Could we also think of the fact that UNHCR KENYA shifted its responsibility and handed it over to the Kenyan government that has no knowledge, love, attitude, morale and experience in protecting lgbt vulnerables? This is because Kenyan constitution is its self not in favour of her own LGBTI citizens. 


Its on record that UNHCR expects the Kenyan government to ensure protection of all people in the camp, regardless of sexuality, age, interest, etc.


Most worrying is that protection is leaving the LGBTI out however much we all understand the international obligation that the Kenyan government has to offer free and safe asylum to everyone who comes requesting it. Lest we forget that the Kenyan government is insisting that imploring security measures like; Increasing police patrol and presence, urging the LGBTQIA to keep a low profile (however much it failed), limiting movements, moving in groups, are one of the effective ways to ensure our safety in the camp. Could these measures still be counted on despite the insecurity reports coming from there? 




3). Could we also think that the reason why authorities are silent and inactive is simply that the LGBTI haven't yet been recognised as refugees so as they get eligible for international protection? At least this might ensure a durable solution immediately for them. 



"We are thus afraid that the reason why we haven't yet been recognised as refugees is the reason why we still have to endure all this, however much we have been in our asylum country for years." Cries out a gay man. 


"We believe that maybe they are doing this for a chance to buy time. We are getting several arguments that we are still not yet protected because we are not recognised as refugees yet. If we were refugees, we be eligible for international protection which will solve our insecurity situation now." he teary adds. 



A lot of people, entities, authorities, donors have for example the European Parliament have already asked for something to be done by the Kenyan government to protect these people but its all in vain. 



So, with these, can we conclude that UNHCR KENYA and the Kenyan government aren't protecting the LGBTQIA because of the above circumstances or there could be more to think of? Please feel free to drop your thoughts in the comments section below. 


The victims however still call on the international community, international agencies, organisations and UNHCR to please do everything possible to ensure that their rights and freedom are no longer violated to this extent please. All they need is a place and or community that will be safe for them to stay as anyone else. 



#freeblock13kakuma

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