On the 22^nd of December 2012, KANERE celebrated its 4^th year anniversary. On this important occasion, Kanere looks back on different security threats suffered by staffs imposed by camp authority, reporting difficulties and lack of operational funding over years delaying publications for months.

Since KANERE started several camp developments took positive effect. The paper fosters the involvement of civil society in a situation where the camp authorities never wish to allow free flow of information. We therefore inform authorities in refugee protection once again, that the existence of Independent refugee media is necessary to any open and democratic society including refugee camps. The UNHCR and other humanitarian operations, had only to suggest the use of force to suppress reporters due to the politicized camp structure where compromise jeopardizes the safety and protection of true refugee journalists.

In the regional news, a literally named “Little Mogadishu” in Nairobi has experienced several grenade explosions with many lives lost in the month of December alone. This has caused the Kenyan government to call on all refugees to move to camps with immediate effect and threatening to withdraw all aid to refugees living in urban areas. By mid December there have been arbitrary arrests of refugees residing in areas of Eastleigh, Nairobi. Is this an appropriate response to security concerns? Kanere appeals against this move, as it’s discriminatory and a violation of freedom of movement.

In Turkana District several incidents of cattle rustling were reported frequently between Turkana herders and Pokot raiders. To curb the rustling menace government has started a disarmament operation in west Pokot among other districts in the region.

On Wednesday 24^th October, Her Highness Sheikha Moza Bint Nasser Al-Missned of Qatar and Antonio Guterres, UN High Commissioner for Refugees made a visit to Kakuma. The purpose of the visit was for the Sheikha to familiarize herself with refugee education in this camp in connection with the Educate a Child Initiative which she is launching in collaboration with UNHCR.

On 26^th October, the US Assistant Secretary of State for Population, Refugees and Migration, H.E. Anne Richard, visited Kakuma as part of her mission to Kenya. Refugee leaders were able to make the case that half of the camp residents would need resettlement abroad as a durable solution for protracted displacement.

In this edition numerous accounts of sexual violence have persisted. A Somali woman aged 50 was gang raped and two others suffered similar assault at gunpoint. A defilement story of a schoolgoing refugee child tells the magnitude of prevailing sexual exploitation and abuse committed by guards.  Meanwhile in August, the camp residents staged a protest after continued insecurity where refugees are killed by gunshots. A journalist at Kanere was blocked and threatened for covering the riots.

KANERE welcomes Awet Andemicael, a Doctoral student from Yale University in USA, providing refugees with insight about the importance of artistic events in refugee camps. Her article on the subject teaches that in a warehousing situation where refugees live every day of their life with fear, insecurity, isolation, and boredom, the introduction of artistic events can make a real difference.

For Rwandan refugees the worst morning is awaiting those who are still alive when application of the cessation clause on June 30th, 2013 shall revoke their refugee brand ‘ration cards’ in Kakuma.

Despite the continued challenges, Kanere aims to improve the human rights condition in refugee camps through courageous and independent journalism that adheres to the highest integrity, accuracy and ethical conduct.

Finally, we direct our readers and audience to read our site, ‘like’ our facebook page at this link, http://www.facebook.com/pages/Kanere-News/161557433968809, share out and keep lively discussion of what is of value and to be addressed.

We wish you a prosperous Happy New Year 2013,

Signed,

Qaabata Boru

KANERE editor in chief

Compared to Dadaab complex, Kakuma has been described as calm in terms of insecurity from explosions. However, this is not reality in terms of sexual exploitation, corruption and abuse of power by those who hold accountability.

During the day, everything seems normal but when darkness prevails refugee girls are seen wearing stylish dresses and heading towards local pubs while others are seen leaving NGOs premises late in the evening while humanitarian cars including police patrols are seen in the community entrances, on the pretext of providing security at night.

According to the camp regulations, neither NGO staff nor vehicles should be found inside the community from 6pm except camp ambulance and patrol police along the corridors. Sexual exploitation and abuse inside the camp are rampant yet the fate of women and girls who are victims of sexual assaults remains untold. The difficult part in trying to curb these abuses is that victims fear repercussions for reporting the abuse to the same authority that should protect them.

However, one story of a female refugee child shows how the monopolistic system allows the abuse and sexual exploitation of camp residents by those in power. Zula (ZU) a typical Ethiopian, beautiful and slender was a pupil at Horseed primary school aged 15 when she was defiled by a member of the security personnel based at Kakuma 3.

The man in question, known to the victims only as Kex, was from the General Service Unit department of police based at the International Organization for Migration Compound in Camp 3. The police were deployed to Kakuma camp because of the increased rate of crimes and killing of refugees. According to the camp authority several murders which took place in the camp were believed to be committed by unidentified members of the host community.

ZU was born in 1995 in Ethiopia. She was brought to Kakuma Camp by her parents when she was very young. She was learning at standard six when she was led astray and defiled in the camp. Kex lacked normal African cultural respect for the family by deliberately exploiting the minor in presence of the parents when visiting the family residential block in the camp. On some occasions, Kex was demanding the child while armed, and might or might not be in police uniform while sometimes on board a police vehicle. His sexual relationship with the child has continued for years, despite the claims by UNHCR Kakuma that the prevention of sexual exploitation and abuse is functional in the camp.

Despite the fact that the violation was frequently reported to the relevant camp authorities, no effort was made to bring the perpetrator to justice. Due to their fear and lack of protection, in 2011 the family changed their location from Kakuma 3 and started living at Kakuma 1. In some cases the family prevented the perpetrator from having access to the child.

On a certain occasion in late 2011, both perpetrator and child were arrested by refugee local guards because Kex came into the victim’s residential block to collect ZU for pleasure. By then, ZU received a call and left the school at Unity primary school early in the day while studying in class seven.

On reaching Kakuma police station, only the child was put in a police cell while the perpetrator was left free. She was taken to Lodwar magistrate’s court instead of the perpetrator. ZU was charged with the offences of a child in need of care and protection. C/S 119 (1) (d) of the children Act No. 8 CR 315/2011.

A few days later, the case was handled by arbitration instead of following the legal procedure as required by the said standard sexual exploitation code of conduct for the camp. The arbitration was attended by the Gender Officer and the officer commanding the police station (OCS). No better resolution was made but Kex continued exploiting the child.

KANERE approached Kakuma police station in regards to this case of exploitation but found the authority was not friendly to speak with the Kanere journalist on the subject. “We don’t give information to journalists.” Said a police official in a very intimidating way. “Are you ‘atananyeche?’… Are you a journalist?” Another police officer in speaking to Kanere.

In speaking with LWF Gender office, Kanere learnt that the minor’s case was not handled as per the standard regulation on Protection from Sexual Exploitation and Abuse. However, a refugee gender staff speaking on condition of anonymity was concerned about ZU’s case. “It’s a shameful act of violation. The concerned authority should be held responsible for mishandling a case of a beneficiary under International protection.”

In Kakuma, criminal cases between a refugee and aid workers are not handled through the court procedure. In some sensitive situations the perpetrator is given another chance to continue humanitarian work in a different camp, believing that he/she will stop the habit in the new environment.

In 2012, when Kex’s term in the office at Kakuma ended, the man was deployed to Lokichogio. Secretly, the perpetrator took the child to Lokichogio police base where ZU was last seen by her relatives.

The family had followed up the case with both UNHCR and other concerned authorities but failed to get protected. The family also narrated their ordeals of receiving constant harassment and threats from the same perpetrator through phone calls. “He is coming with a gun demanding my daughter; are they here to protect us or they exploit us?” Said the victim’s mother.

In an interview with KANERE, the family complained that they lacked basic human rights. Instead of taking proper protection measures to safeguard the rights of both child and disturbed family, a UNHCR lawyer handling this case was only soothing the family to wait until ZU will turn 18 years old. Kanere has contacted UNHCR protection officials on three occasions but failed to get a clear response on the matter including email interviews. “Even if you report about this, nothing can be done to me.” Said a female G4S guard at UNHCR arrogantly blocking the entrance.

The family under the protection of UNHCR are desperately seeking the whereabouts of their daughter. It was not known if she is still alive or dead. “I have not seen my sister for two years now. Do we have a right to know if she is dead or alive?” Victim’s relative appealing to Kanere journalist.

There are similar cases in the camp which show what both ZU and other female youths in the camp are going through. Due to the lack of protection, fear of reporting or repercussions of reporting sexual exploitation cases to authorities many cases go unreported. When reports are made the victims and relatives suffer different insecurity problems and are victimized in the refugee communities.

In speaking with refugee community leaders Kanere learnt that a few particular NGOs are well known for rampant sexual exploitation and abuse. As Kanere shall work on the in depth analysis on these and similar cases of human rights violation, the paper seeks community leaders and camp residents to provide information to the only independent refugee media in Kenya.

Habbi Moha was raped at her homestead while Wami and Sopa (not real names) suffered a similar assault outside their residential plot, both in Kakuma 3 zone 1 block 14 section of the camp where incidents of insecurity are frequent. The unidentified rapists robbed the women of their personal cell phones and threatened to shoot them if they screamed. To save their lives the women had to cooperate with their assailants.

Danger zone for rape and other crimes

On the 19^th July this year, Habbi Moha, a mother of five children, was raped at gunpoint. The attackers accessed her residential compound after destroying a perimeter fence and breaking into the family house at around 2 a.m. A gang of three men all armed with AK 47s, started beating Habbi after demanding money. They dragged the old lady outside her house and gang raped her. According to Habbi, one of the rapists was undressing her while the other held her by neck. “I tried to plead, but those men are cruel, my kids were helpless.” She told Kanere.

According to the block leader the neighbours were trying to rescue the victim when a gun was fired that scared away block residents from accessing the victim’s compound. “I reached there but was astonished to find Habbi on the ground, I alerted the security group immediately.” Said the Block 14 Chairman.

Habbi was admitted to Kakuma refugee hospital and spent twelve days waiting at the hospital due to the fear of going back to her own house in her community. She was admitted on the night of 19^th July and discharged on 24^th July 2012. The medical admission report seen by Kanere shows the victim suffered rape and grievous bodily harm. Habbi had wounds and scars on broken ribs and face when interviewed by a Kanere journalist. “I still feel a lot of pain, I can’t walk or even sleep due to fear for my life and children.” She appealed.

Habbi’s husband was killed in the civil war in Somalia. With her five children she fled first to Dadaab in 2008. Habbi arrived in Kakuma in August 2009 together with the first groups of Somali relocated from Dadaab. The family had a lot of concerns as they live in fear. Among Habbi’s children an elder daughter aged 23 has run away from home due to fear of being attacked and spending nights with neighbours in the area.

Attempted rape and assault

On June 23^rd this year, Wami Ali and Sopa Daudi aged 36 and 37 respectively were ambushed by armed men in Kakuma 3 zone 1 block 14. It was past midnight when the two neighbours left their compound to assist a woman in labour whose house is opposite their plot fence.

All of a sudden they were caught unawares when three men emerged out of the darkness pointing guns at them and ordering them not to make any move or noise. According to the two ladies, the men who appeared in a very aggressive manner started asking them to produce mobile phones. They immediately started beating them with the gun butts.

“A man hit me with the sharp point of a gun on my back and ribs. I screamed loud, he started lying down on me; I could hear people shouting all over…” Said Wami in an interview.

“I was beaten on my back and kidney, I fell down. Another man told me to sleep on the ground. He told me to remove my clothes…” Said Sopa. According to the victims interviewed by Kanere, the men who were rapists were dressed with caps, guns, earrings, smelling very dirty and with short tight pants!

Despite the attack, no penetrations were successful as many block residents woke up in the dead of night to protest against the attackers by shouting in order to disperse them away. According to the medical report seen by Kanere, both women suffered bodily harm.

A statement from Kakuma 4 Police Patrol states that both women were alleged to be assaulted by unknown people at night. Kanere had recorded police Occurrence Book (OB) numbers but police statements confirmed that the case is pending investigations. All the three women complained to have been robbed of cheap cell phones. They were appealing over suffered assault, trauma and stigmatization.

In the Somali community people regard the act of rape and sexual assaults as a shameful act which should not be exposed. Therefore women or girls who are victims of rape and other forms of gender based violence remain stigmatized in the refugee community, while UNHCR is slow to take action to solve this problem.

In the refugee camp of Kakuma, a well organized election took place on 30^th June 2012. This was the first election since the camp was established 21 years ago. The election was done through secret ballots, with the aim of creating a change from the previous leadership which it was claimed was based on tribalism.

Refugee Election in Kakuma

Elections were conducted by blocks, whereby residents in each of the 144 blocks were to elect their own block chairman and chairlady. As a result there are now a great many leaders at this lower tier level, as opposed to the nationality based situation in the past where each nationality had its own leader.

Block Leaders race for election

For political reasons, elections for the zonal and camp management leaders failed to take place as part of the same electoral process as the block leaders. The minority nationalities felt that they might not win representation as a nationality in elections for zonal and camp leaders. According to the electoral committee for the block management committee, the entire election process experienced delays and confusions caused by UNHCR. “Election for the zonal management committee started in December. We’re yet to elect the camp leader, there’s a lot of delays and confusion.” An electoral committee member told Kanere.

In several interviews conducted by KANERE, block leaders expressed negative views that no change was achieved. These leaders argued that the camp constitution was not implemented as it was set down in the new rules which the Agencies had campaigned for and imposed. “We have not embraced any change. We’re only given a lot of work with no pay.” Said a leader in Kakuma 1.

According to the ex-community leaders interviewed by Kanere, some of them accepted the change while many still hung on to the old leadership structure that was rejected by the authorities. Some argued that the current block leaders are not viewed as true leaders since they are not recognized by authorities. “It was still better in the past as nationality leaders were recognized and they were able to address issues affecting individual communities, but the current block leaders are denied access to the Agencies.” Said a Somali ex-community leader.

In some parts of the camp, there are frequent misunderstandings and conflicts of interest reported over service deliveries. While the majority of the block leaders will wish to be zonal leaders, the concerned authority is only creating a mechanism to keep the leaders occupied with what doesn’t benefit them or their communities. “We always have problems when it comes to shelter allocation and water rationing because each block doesn’t have its own water point.” A refugee leader explained at Camp 1.

In terms of community governance it was better in the past while the new blocking style has created an environment where leaders are numerous and disorganized and have no basis for authority. When these leaders were elected the block residents had new hopes that their leaders can be involved in the decision making body to form a better structured society but that has not happened. The block leaders were denied access to UNHCR and Agencies’ premises, which is negatively viewed by block leaders and camp residents. “The leaders feel guilty because they are only seen as symbolic or puppets for someone’s benefit.” An angry leader commented.

According to the block leaders UNHCR and the Government Department for Refugee Affairs fostered this structure in order to create a mechanism of control within the refugee camp. “This move has been understood by the leaders, who are planning to boycott if things will not change in the near future. People cannot enjoy their fundamental rights and freedom.” Ibrahim at Kakuma 1 zone 4.

Practically, all the block leaders in camp were issued with “Leader ID Cards”, but this is valueless since it cannot allow them to access the Agencies and government offices. This shows that the same leaders are not recognized by the authority that pushed them to embrace leadership change in 2011.

Leaders who were interviewed by Kanere journalists complained that the same ID card was written in Red Colors, showing their ID and role they play was not recognized. “This is not a gate pass and does not grant the holder access to Agency office without an appointment!” runs the warning on the leaders’ ID card.

“Leaders are only puppets, this is like blindfolding leaders, are we silent but keen on this game, we shall see if the change claimed will benefit the community or cause negative petition.” Said Nyial.

The camp residents are eagerly waiting the camp leader’s election. People are keen to know whether the governor will have the official power to take decisions. The important critical question will remain, whose purpose and agenda the governor shall serve?

The international community and UNHCR should take heed of the messages sent by the current Rwandan government through cracking down on political opposition leaders, long and unjust sentences, and ambiguous laws to silence freedoms. They should also consider reports by Amnesty International, Human Rights Watch and Reporters Without Borders and others warning of the consequences of their decision to strip protection from Rwandan refugees who fled their country before December 1998.

Nearly 18 years ago the Rwandan genocide led to a massive exodus of people from the country, many of whom fled to Kenya and were recognized as refugees by UNHCR according to the 1951 Convention on Refugees. Now, UNHCR has recommended that governments should revoke the refugee status for this group, who should be encouraged to return to Rwanda. In Kenya, the worst morning is awaiting those who are still alive when the cessation clause comes into effect on June 30^th, 2013, revoking their Refugee Brand “Ration Card” that allows them to queue up for food just as Somali, Burundi, Sudanese, Ethiopians, Zimbabwean, Tanzania, Congolese, Ugandans, Iraqis and refugees of other nationalities do.

Rwandans’ view of refugee life.

Several Rwandan refugees in Kakuma have indicated that their lives in the camp are not the best and that their stay in the camp is only a stop over to their hoped for peaceful and democratic changes in their home country. However, it seems UNHCR fatigue has yielded to Rwanda’s request to cancel the refugees’ status.

“We know we are survivals of the bad politics that have troubled Rwanda ever since. It is not about who is in power, it’s about our security issues back home and even here. Unfortunately we do not decide on our fate but a Rwandan requested ‘Cessation Clause’ will determine.”  Mutsinzi Elias said.

When you look into their statements they point fingers at UNHCR not to have done enough to protect them in order not to see again the deaths, cries, threats etc…that they experienced in the past. “UNHCR should change participating countries games playing refugees as balls. What happened to us is countless and needs to be understood. Our women were raped in broad light, parents and children killed, sons and daughters were forced to join the army and we never saw them again, we left everything to save our own lives and ultimately found ourselves in the camp,” Sibomana Aimable a 50 year old Rwandan refugee said in speaking with a Kanere journalist.

“Every where people die. Nature can not be printed to take its course, but in Rwanda man kill man. We die before our days and people are watching. Our warnings are not accepted but after the deaths soft and strong speeches are uttered Never Again. The genocide started in Rwanda, crossed the boarder to Congo and perhaps the supervisor is in his last method to complete his work.” JM Ntarwanda said.

KANERE visited the Rwandan refugees’ community in Kakuma, and learnt that the refugees from this community were traumatized and living in fear as they wait for June 30^th 2013 when UNHCR will revoke their refugee status. “Please, we appeal to our friends not to accept any politician’s apology when things have gone wrong in Rwanda. There could be no genuine reason for Rwanda to initiate the cessation to us. Animal in the forest is protected but we Rwandans even when we flee for our lives we are handed over to one who is hunting us!” said Jean Biragoye, an NGO staff at Kakuma

“All refugees are equal but some of them are more than equal, other refugees in the camp are taken for safer third countries, but it is a taboo to Rwandans here in the camp. Those who read these words take a pen and write the books for the generation to come.” Leah Bugingo.

There have been reports of deaths of Rwandan refugees in the region and abroad. Refugees say that the Rwandan government is behind these killings. International Agencies had warned refugees and requested them to be vigilant that Kigali had planned to harm them in the UK. It is very obvious that if refugees are not safe at this level they will not be safer when forced to go back home.

Rwanda’s international face today.

According to an IMF report, Rwanda has gained famous economic growth of 8%. Foreigners are attracted when they are driven past clean and tall towers that characterize the Kigali of today. Nearly everybody whose home is not Rwanda will believe these glittering glass fronts and new and attractive roads.

The owners of the country in their deepest hearts shed tears. They always traumatized when foreigners enjoy a short stay and praise the leaders for reconciling the tribes torn apart tribes and reaching this stunning development. The use of force by the current government has taken over the inner voluntary party of the brain and fear and self denial became the humble manner of the majority of Rwandan people. The leaders praise their achievement when the citizens are hungry for truth, respect, and freedoms for any common person.

Currently young men and women, prisoners, and destitute children are forced into the army to go and support the M23 forces in Congo. A UN report has revealed this although Rwanda, as it has always done in the past, has denied the involvement. Already here are some young men who escaped the recruitment to destabilize, loot resources and kill innocent Congolese.

Appeal to international community.

The Rwandese agony is known first by Rwandans who suffered years of dictatorship. Refugees know how life in the camp hurts and they know the best time to repatriate. There would be no need to force them to go back home if there had been fundamental change in Rwanda’s political space. To solve Rwanda’s problems, it would be better if Kigali is told, taught, supported, and monitored to open doors to the political space and respect of human rights.

Arrogant words of the Kigali politicians against Human Rights workers and opposition leaders do not only create fear among refugees but remind them what this government did to them. There has been no healing but the Cessation Clause will be as bad as not sending armies to stop the genocide in 1994.

Contrary to national and international workers’ rights, neither national nor international laws can be cited when anyone wants to examine the scope, impact, commitment, appreciation and motivation of refugee workers in Kenyan camps under the umbrella of UNHCR governance.

Article 6.1 of the International Covenant on Economic, Social and Cultural Rights states “The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right.” “No right, no choice and no safeguards of the right in Kakuma refugee camp.” Said Paul, an incentive worker.

“Refugees need to have a work permit to claim a right to work. The government of Kenya has not given refugees permit to work in the camps or urban areas.” He added.

Camp residents say that the government denies the permit to any person with refugee status. However in contrast, in the camp refugees are allowed to work in accordance with guidelines for refugee incentive workers made by senior managers. It is not clear how there are two parallel laws applied in Kakuma Camp. “Refugees, by Kenyan law cannot receive salaries; however, they are permitted to receive what is termed as ‘incentives’,” a statement from the IRC incentive guideline explains. Refugee workers are called “incentive staff”, a term derived from their payment.

The question remains whether the government contradicts its own laws in the refugee camp. Would the government benefit in such acts? In this case refugees understand that UNHCR, which is supposed to advocate for better pay in the camp, lacks the will to do so. Moreover the agency should be held accountable for this unfair treatment and other acts of violations.

Recruitment process for incentive workers in the camp.

There are variety of cadres including community health workers, carpenters, masons, security guards, teachers, nurses, clinical officers, agro foresters, water engineers, and others.  Incentive staff positions in many organizations are advertised on camp notice boards and refugees send their applications to fill the vacancies. Incentive staff undergo interviews to verify their ability to do the jobs. However, they do not have a chance to negotiate the payment. Here the refugees are denied the right to gain their living by work which they freely choose or accept.

The right is denied but the needs remain. Refugees would wish to work and improve their skills and acquire more experience. Considering all the scars of the conflicts they faced back in their home countries, again they are compelled by such circumstances of vulnerability, to take up these jobs.

Although many organizations do not sign contracts with refugees, some do use a ‘Letter of Understanding’ indicating a contract period of a few months or one year and a monthly ex-gratia payment, depending on UNHCR’s incentive scale ranging between around $93.75 (7500Ksh) for a senior most highly paid refugee to $31.25 (2500ksh).

The same letter provides that a refugee is responsible for paying and discharging any statutory duties or levies that may be imposed by any local or central authority of the government in relation to the ex-gratia incentive extended to the refugee worker.

Undue procedural laying off refugee workers.

The Universal Declaration of Human Rights (UDHR), Article 23. (1), (2), (3), (4) in addition to free choice of employment, discusses the just and favourable conditions, the right to equal pay for equal work, just and favourable remuneration and the right to form and to join trade unions for the protection of workers’ interests.

Both the International Covenant on Economic, Social and Cultural Rights and the UDHR indicate that both the government and person who chooses the job have responsibility to take appropriate steps to safeguard it. This right is contravened in many ways in Kakuma Camp. In the different meetings and annual reviews operation refugee workers have always express their concern on incentive increment. When they realized that their requests are not responded to the only way to initiate negotiations was to strike by refusing to sign the Letter of Understanding.

Those who attempted to initiate negotiations for possible increment of their pay were threatened with termination or their monthly incentives were deducted for the number of days they were considered to be on strike. Under the Kenyan Employment Act of 2007 Part VI – Termination and Dismissal Section 41 (1) and (2), the employer has to explain to the employee in a language that he or she understands the reasons for termination of engagement but more importantly the employee has to be given the chance to defend themselves against allegations. Many are laid off their jobs unfairly and none will question the decisions taken by officers. No independent lawyers or organization have deliberately come out and advised on ways to redress the problems affecting incentive workers.

About the year 2001, refugee teachers formed an organization, KATECO, with the objective of addressing or trying to find solutions to complaints of teachers in the camp. No sooner established, the organization undertook to bring the vital issues of transportation and teachers’ incentives as a priority to discuss with UNHCR and the Kenyan government. It devoted its time to bring the refugee teachers together and request all the members to contribute for the organization’s funds and administrative operations.

The start would be equality in camp job employment in all positions regardless of nationality and considering only the positions and education level of employees. After holding many meetings with its members and engaging UNHCR on matters of workers’ employment and rights, KATECO was considered as an organization inciting refugees and working against the refugee camp management. The attempt to register a refugee teacher welfare organization was not successful due to resistance by UNHCR and it died off.

Rights and duty in employment.

Refugees as humans and workers in Kenya are supposed to benefit in their employment. The Kenya Employment Act (KEA) 2007 explains what are the rights and duties of an employee during employment period. They range from basic minimum conditions of employment, hours of work, annual leave, maternity leave, sick leave, housing, water, food and medical attention.

In theory the working day is eight hours long. However a good number of refugee workers are not provided with transport to work and have to walk. They have to leave at seven and get back home at six in the evening. No breakfast or lunch is provided. According to KEA Part V Right and Duties in Employment 29 (1), a female employee is entitled to three months maternity leave with full pay. A refugee leave form bullet three says that a refugee female is entitled to 40 working days.

In KEA, a male employee is entitled to two weeks paternity leave whereas a refugee worker according to their leave form is entitled to 7 days with full pay. The exception is sick leave which in both KEA and refugee workers’ guidelines is twelve days annually. There is a big gap between the treatment of refugee workers and other organizational staff in terms of housing, feeding and medical attention.

Those who are highly paid decide the fate of those who are poorly paid. A decade ago perhaps refugees enjoyed the policy. Today refugees’ heads are up for policy change. What would be the next step? Where there is no law, it’s obvious man handles man. The question is who benefits from the change and who loses?

- Wami Ali a Somali rape victim said in an interview/ “Somali women raped at gun point”

“We don’t give information to journalists. Are you ‘atananyeche?’… Are you a journalist?”

- Said a police official in a very intimidating way to Kanere/ “Guards: Stop Exploitation and Abuse!”

“Refugees need to have a work permit to claim a right to work. The government of Kenya has not given refugees permit to work in the camps or urban areas.”

- Paul an incentive worker/ “Refugee employment process and mode of payment”

“We know we are survivals of the bad politics that have troubled Rwanda ever since. It is not about who is in power, it’s about our security issues back home and even here. Unfortunately we do not decide on our fate but a Rwandan requested ‘Cessation Clause’ will determine.” 

- Said Mutsinzi Elias a Rwandan refugee/ “Rwandan refugee to lose ration cards”

“They beat all of us; Feisal was bleeding on the head before they fired two bullets.”

- A victim’s brother in tears/ “Refugee protest following insecurity situation”

“He is coming with a gun demanding my daughter; are they here to protect us or they exploit us?”

- A victim’s mother/ “Guards: Stop Exploitation and Abuse!”

“We always have problems when it comes to shelter allocation and water rationing because each block doesn’t have its own water point.”

- A refugee leader explained at Camp 1/ “Refugee Election in Kakuma”

“I was not in protest, I was beaten while crossing the road to other street.” I know the police officer who beat me, I am in fear.”

- Fatuma told Kanere speaking at camp hospital/ “Refugee protest following insecurity situation”

“I tried to plead, but those men are cruel, my kids were helpless.”

- Habbi Moha a rape victim told Kanere/ “Somali women raped at gun point”

“Leaders are only puppets, this is like blindfolding leaders, are we silent but keen on this game, we shall see if the change claimed will benefit the community or cause negative petition.”

- Said Nyial a refugee leader/ “Refugee Election in Kakuma”

“Please, we appeal to our friends not to accept any politician’s apology when things have gone wrong in Rwanda. There could be no genuine reason for Rwanda to initiate the cessation to us. Animal in the forest is protected but we Rwandans even when we flee for our lives we are handed over to one who is hunting us!”

- Said Jean Biragoye, an NGO staff/ “Rwandan refugees to lose ration cards”

“I have not seen my sister for two years now. Do we have a right to know if she is dead or alive?”

- A Victim’s relative appealing to Kanere journalist/ “Guards: Stop Exploitation and Abuse!”

“Election for the zonal management committee started in December. We’re yet to elect the camp leader, there’s a lot of delays and confusion.”

- An electoral committee member told Kanere/ “Refugee Election in Kakuma”

On the night of 5^th August 2012, at about 10:30 in Kakuma 3 zone 1 block 14, four men, two armed with AK47 rifles and two others armed with crude weapons, accessed the compound of late Feisal Abdi Adan aged 25 and murdered him.

Feisal arrived in Kenya in 2008 where he was first registered as a refugee in Dadaab and later relocated by UNHCR to Kakuma camp in 2009.

The robbers deliberately started beating the whole family members and neighbours who were relaxing outside the living rooms after breaking a long day fasting during the Islamic Holy month of Ramadhan.

They ordered everyone to lie down at gun point. They started beating, looting mobile phones, watches and asking for money. The refugee beneficiaries of food aid were so poor that they weren’t able to raise any cash.

Without warning the robbers fired a gun at Feisal Abdi. According to survivors who were interviewed by KANERE, they robbed every one in the plot of their mobile phones and shot at Feisal Abdi when he tried to resist. “They beat all of us; Feisal was bleeding on the head before they fired two bullets.” Said a victim’s brother in tears.

They were eight people in the compound and among them four complained to have been seriously assaulted. Only one bullet hit Feisal Abdi in his stomach, below the lower left kidney while the other bullet missed everyone in view. He fell down with a lot of bleeding where the bullet exited his body at the back leaving a wider opening. “I was very shocked over this, I don’t see the reason to live, and the situation is dark.” another relative told Kanere.

In that awful situation all the victims were transported to the refugee hospital by camp ambulance assisted by local refugee guards. The police patrol visited the scene after 20 minutes according to survivors interviewed in the camp hospital.

In the same night Feisal was referred to the Kakuma mission hospital for further treatment following both internal and external bleeding. Unfortunately at about 4 a.m. Feisal passed away while under treatment at Kakuma mission hospital.

Body of late Feisal Abdi

Body of late Feisal laid to rest

Refugee Protest

On the morning of 6^th August, refugees, majority being Somalis from Kakuma 3, organized a protest that marched towards UNHCR and the NGOs’ premises which are about 10km away.

By around 09:00 hours information about the protest had spread throughout the camp. Hundreds of the camp residents joined and formed a protest camp wide. By about 10:00 hours peaceful demonstrators clouded the UNHCR entrance as the crowd was gathering more.

At around 10:30 hours, the police arrived at the ground of protest; their arrival was not welcomed by the peaceful protesters. It seems likely they were given orders to disperse the demonstrations. There was no official from UNHCR who addressed the crowd that were demanding security and protection over increased killings and insecurity in the life of refugees in the camp.

Suddenly, police started using tear gas to disperse the protests. People were very angry at the police but fearful of their guns. The police later started beating refugees indiscriminately forcing them to go back into the camp sites.

Many of the refugees suffered assaults while some were taken to the refugee hospital where they received treatment. In speaking with KANERE journalists, some refugees have complained about police assaults, yet others stated to be sleeping in fear at nights. “I was not in protest, I was beaten while crossing the road to other street.” Fatuma told Kanere speaking in the female ward at the camp hospital. “I know the police officer who beat me, I am in fear.” She added.

At around 15:40 hours on the same day, the body of Feisal Abdi was laid to rest at Kakuma 2 cemetery which is the newly opened graveyard in the 21 year old camp. Up till the end of the day the families of the victims were never contacted by the camp authority in terms of their insecurity situation in block 14.

In July this year, a Somali male and a Sudanese male refugee were murdered in Kakuma 3 settlement area by unidentified gunmen who have terrorized the camp. Kanere approached both Kakuma police station and UNHCR Office but the authority declined to provide comments on the insecurity situations in the camp violating their own camp policy for not speaking to press.

A journalist from Kanere has faced threats for critical news and advocating for refugee rights. A journalist who is also a senior writer for Kanere was blocked and threatened by camp security during refugee riots coverage.

Names not real!

Last year, I conducted research for UNHCR (available online at http://www.unhcr.org/4def858a9.html), which suggests that artistic activity often plays a powerful positive role in the lives of refugees living in camps, and can help them survive and even thrive emotionally, spiritually, and physically.

Of course, arts cannot solve every problem, nor can they provide quick fixes. Some activities require equipment and training difficult to obtain in camps. And people who wish to cause conflict can use the arts to promote their divisive agendas.

But even if you are not a trained or professional artist, if you live in a refugee camp, there are many good reasons to get involved in the arts, whether music, poetry, dance, painting, drawing, or other creative activity. Here are ten reasons why I believe refugees in camps should participate in artistic activity:

1. Artistic activity is your right. Artistic and cultural expression is a human right, protected by the Universal Declaration of Human Rights and the Convention on the Rights of the Child.
2. Artistic activity helps you use your time creatively and productively. When productive activity and employment are limited, refugee-initiated artistic activity is one way to use time productively and creatively, focusing energy and talent toward meaningful ends. In addition, celebrating annual festivals with artistic presentations can keep you engaged in the cycles of time from which you can be easily disconnected during the long waiting periods involved in camp life.
3. Artistic activity can help you cope with the psychological and emotional stresses of living in a refugee camp. Given the prevalence of trauma among refugees in camps, healing is a major priority for refugees’ individual and communal wellbeing. Although artistic activity cannot substitute for psychiatric therapy and care, participating in such activity—whether private or public, formal or informal—can help provide a means to express painful and pleasant emotions, to confront difficult memories, and sometimes to find relief from unbearable burdens.
4. Artistic activity can be good for your soul. Taking part in religious observance and rituals can be an important part of your spiritual life, and the artistic components of such rituals—religious songs, poetic prayers, spiritual dances, decorated religious implements, etc.—play a key role in engaging the sense in worship and contemplation. Celebrating religious festivals with creative expression and festive processions can help connect you to the religious tradition of which you are part and the religious community you may have left behind.
5. Artistic activity can help you preserve your traditional culture while you are away from your native land. Singing traditional songs, making traditional handicrafts, using traditional languages to compose poetry and other literature, can help preserve your cultural heritage. It can also help you pass on your cultural practices to your children, even if they have never seen or no longer remember their homeland.
6. Artistic activity can help you create a sense of community with other refugees in your camp. While overemphasizing differences between groups in a refugee camp may cause strife and division, artistic activity can also provide opportunities to share your culture with others in gestures of friendship. Participating in cultural and artistic activities from other cultures can help you learn about your neighbors in the camp, and help you appreciate the contributions they bring. In addition, artistic activity can help community members discuss difficult, awkward, or taboo subjects. Rather than tell people what to do and what not to do, one can, for example, put on a drama which shows a certain harmful practice, and its effects on the people involved. This may invite conversation about the issue, giving community members the freedom to discuss the issue indirectly, by means of the drama. Once the silence around the issue has been broken, and a certain level of comfort is attained, then the issue may be addressed more directly. Similarly, artists can use stories, songs, dances, visual arts, and other means to bring up sensitive issues and open them up for consideration and discussion.
7. Artistic activity could help create bridges between refugee and host communities. Similarly, sharing your cultural and traditional artistic practices with members of the host community, and learning about their artistic activities, may help create bridges between refugee and host communities.
8. Artistic activity can help children learn. The use of songs, pictures, and other artistic devices may help children learn their lessons more effectively, by enabling them to use their imaginations and their senses more completely than they can with less creative learning methods. It is also easier to learn and remember information in the form of poems and songs, and participatory practices, such as acting out sketches and dramas, can help students experience their lessons more vividly and engage them as active agents in their own learning. In addition, children whose educations have been interrupted by forced migration or other conditions may have special learning challenges, as well as trauma which must be addressed, for which the use of the arts as educational and therapeutical tools is well-suited. Finally, artistic and creative learning is fun, and can hold children’s attention for longer periods of time than more tedious educational activities.
9. Artistic activity can help adults learn and develop behaviors that foster physical, psychosocial, and community health and wellbeing. For many of the same reasons that artistic activity can be an effect way for children to learn, the arts present many opportunities for adults to learn. But learning is not limited to academic subjects. Important information and the development of beneficial approaches to personal hygiene, disease prevention, family relations, inter-generational and inter-gender relations, inter-ethnic and inter-religious dialogue, and other social concerns can be shared effectively through the arts (music, street drama, poetry, posters, etc.) Especially in refugee communities in which literacy levels are low, oral means of communicating information may be more effective than pamphlets and other text-oriented methods. Also, because songs and poems are easy to remember, the messages everyone in the community needs to know may remain longer in people’s memory if disseminated artistically. The more and longer you remember, the more likely it is that your behavior will change accordingly, enabling you to experience a positive transformation in your habits and attitudes.
10. Artistic activity may help you prepare for life beyond the camp. Whether or not you end up working as a professional in the highly competitive fields of the literary, visual or performing arts, the skills you learn from engaging in artistic activity—discipline, creativity, patience, etc.—may serve you well once you leave the camp as a resettled or repatriated person.

Arts in camp. Photo by Qaabata Boru

Awet Andemicael is an Eritrean-American musician and graduate student in theology at Yale University, USA.

One day, a rich father took his son on a trip. He wanted to show him how refugees can be. They spent time in the camp of these poor refugee families. On their way home, he asked his son, “Did you see how they are? What have you learnt, son?” The son said, “We have got a pool, they have got a seasonal river with a fantastic name, “LAGGA”. We have lanterns which come on at night but most of them have stars. Daddy one thing is very funny, we buy food, but they queue while some are beaten to receive theirs for free every two weeks. We have walls to protect us; they have friends around their thatched houses. Look! We have encyclopedias, they have The Bible.” And he added, “Thanks Dad for showing me how poor we might be…”

“It does not take much to be a refugee, simply your belief, education, political opinion, or residence in a mineral rich area.”

It’s not about what you have or don’t have, it’s about who you are. Who takes care of refugees? God, which is where their identity is.

First and foremost, I want to thank you for your loyalty to both exile journalists in KANERE and our supporters who find our work meaningful out of Kakuma refugee camp.

The past four months were generally calm inside the camp though a few cases of insecurity incidents have been reported in parts of the settlement. However, life was marked by different phenomena like natural calamities. The heavy downpour between the months of March to May caused flooding that resulted in five refugees and two members of the host community being drowned. March to June received plenty of rain, it was mild, and it was cold, warm and flooding. That is all about the weather.

In this edition: The influx of new arrivals to Kakuma following the communal conflicts, bombings and border violence for Sudanese. For Somalis violent conflicts, suicide attacks and inhuman crimes committed by Al-Shabaab insurgents are still forcing thousands of children and women into the 20 year old camp of Dadaab which now holds the shameful name of being the biggest refugee camp in the world. Dadaab Camp explosions and kidnappings are continuing and have paralyzed the humanitarian life saving operation in that camp which holds an estimated population of 500,000 refugees by mid July. In Turkana County the host communities saw a new dawn of hope after oil was discovered in the region. Several other stories constituted our publication. Yet again thousands of the camp residents turned up to commemorate the World Refugee Day in Kakuma camp this year.

KANERE has been running on a voluntary basis and amicable funding for the continuation of a refugee voice out of Kakuma has been stonewalled. As you can imagine, volunteers are working without payment. However, we feel a tremendous sense of responsibility to continue publishing for our audience – a role represented by the reporting project. We all try to do the best we can with no resources. As this situation is critical for the paper, we appeal to those who better understand KANERE to take a step forward in support of the refugee voice.

I’m happy to say that we appreciate the legal back up from press freedom and defenders’ groups. We seek potential supporters who will always stand with us, and should continue to be authentic in times ahead.

We direct and advise our audience and readers at internship to visit our archives online to find past and current editions of KANERE. And we remain as ever focused on balanced, independent and quality reporting.

I welcome any and all suggestions, critical questions or criticisms in relation to KANERE’s work. We also invite news tips from camp residents, members of the host community, humanitarian officials and our readers from abroad.

Thank you very much for reading,

Sincerely,

KANERE editor in chief

- H. Biyamungu, who arrived in February/ “Increased camp Population”

“In Kenya refugees have rights. We advocate that their legal protection is upheld while they live in Kenya,”

- RCK local NGO Manager/ “World Refugee Day”

I arrived in Kakuma on 3^rd July 1992. I feel like I have lived for 100 years in the camp. In such life, one cannot view life in other end except UNHCR. A life where one depend worse of all.

- Lueth M. a primary school teacher/ “Community Talking Point”

“I fled from Mankeen in Unity State when I heard gunshots in the dead of the night, that morning we were also bombed by military plane,”

- Nyakwoth a south Sudanese new arrival at DRA office/ “Increased Camp Population”

“At the moment there’re already two wells dug. Oil resource will be a national wide development. Bi-lateral understandings with investors are already on,”

- Mr. Wekesa Wafula – Turkana District Information Officer/ “Oil Discovery in Turkana”

“We have reported the matter but the police here were not serious with their job. We don’t trust them either,”

- An anonymous Nubian youth/ “Sudanese inter – community conflict”

“We have asked UNHCR about the lack of bumps on this road. Security patrol vehicles are always over speeding yet there not been insecurity alarm every hours of the day. It scares everyone,”

- A Somali refugee leader in Kakuma 1/ “Road Repair in Kakuma”

“We don’t keep data of natural calamities. Ten people may get drowned but we might only receive three bodies,”

- affirmed a clinical official at the IRC/ “Drowning”

“Today reminds refugees of our flight. It is very sad that we had no option in life, however, I am thankful about the support both UNHCR and Kenya government is providing,”

- Abdikadir M. a Somali refugee leader/ “World Refugee Day”

“I was freely walking from church. I was beaten by 6 Nubians. I will not be happy in my life now,”

- Yom B. a victim of conflict/ “Sudanese inter – community conflict”

“I was using motorbike. It suddenly landed me in a ditch. My mouth hit a hard ground and I lost two teeth,” 

                  - Lami, N. a Sudanese woman at Kakuma 1 zone 3 block 6/ “Road Repair in Kakuma”

Refugee Day should be commemorated in a special way by giving refugees special gifts or special food ration during the distribution cycle rather than inviting them to dance, I hate that practice.

- Ingabine Rose a Congolese/ “Community Talking Point”

“The good result was as a result of hard work. Our pupils were also serious,”

- Chala head teacher at Lokitang School/ “A camp primary school emerged best in KCPE 2011”