Mekelle/Tel Aviv/Nairobi/Pretoria/London
Kenya clarifies Ethiopia, Eritrea asylum restrictions after outcry
Kenya says it is now considering asylum applications from Eritrea and Ethiopia on a case-by-case basis, thus clarifying its recent restrictions on applicants from the two countries since July.
In response to a lawsuit filed at the High Court, the Commissioner for Refugee Affairs in Kenya said that the registration of genuine asylum seekers would continue, with affirmative action created for women, children, persons with disability and persons who have suffered trauma.
Acting Commissioner for Refugee Affairs Mercy Mwasaru said that the cases being considered in compliance with the principle of non-refoulment (a principle of international law that prohibits a country from sending a person back to a place where they face a risk of persecution, torture, or other serious harm).
She added that more than 100 applications from the two countries have been approved, after the directive was issued on July 31.
Several NGOs, including the Refugee Legal Network, the Kenya National Commission on Human Rights, the Refugee Consortium of Kenya, Kituo Cha Sheria and the Sanctuary Foundation, challenged the directive, saying it was violating the rights of refugees and asylum seekers.
The High Court has since issued orders barring the government from suspending the registration of asylum seekers from these countries.
The organisations argued that the directive was not based on any legal provisions, was made in bad faith, and in excess of the power conferred under the various legal instruments.
