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MOTION FOR A RESOLUTION on the Situation in the Kakuma refugee camp in Kenya

14.9.2021 - (2021/2874(RSP))

with request for inclusion in the agenda for a debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 144 of the Rules of Procedure

Marisa Matias
on behalf of The Left Group

Процедура : 2021/2874(RSP)
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European Parliament resolution on the Situation in the Kakuma refugee camp in Kenya


The European Parliament,


-  having regard to the Charter of the United Nations,

-  having regard to the UN Covenants on Civil and Political Rights and on Economic Social and Cultural Rights of 1966,

-  having regard to Geneva Conventions and the additional Protocols,

-  having regard to the African Charter of Human and Peoples’ Rights of 1981,

-  having regard to the European Convention on Human Rights of 1950,

-  having regard to the UN Convention Relating to the Status of Refugees of 1951 and the Protocol Relating to the Status of Refugees of 1967,

-  having regard to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,

-  having regard to the UN New York Declaration for Refugees and Migrants adopted on 19 September 2016,

-  having regard to the UN Global Compact on Responsibility Sharing for Refugees,

-  having regard to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families,

-  having regard to the Joint Communication “Towards a Comprehensive Strategy with Africa” of 2020,

-  having regard to the Joint EU-African Strategy of 2017;

-  having regard to the 10th annual meeting between the African Union Commission and the European Commission which took place in Addis Ababa on 27 February 2021,

-  having regard to the Constitution of Kenya of 2010,

-  having regard to the Nairobi Declaration of the Intergovernmental Authority on Development (IGAD) of 25 March 2017 on Durable Solutions for Somali Refugees and Reintegration of Returnees in Somalia,

-  having regard to the EU’s emergency Africa Trust Fund,

-  having regard to its previous resolutions on Kenya,

-  having regard to Rule 144 of its Rules of Procedure,




  1. whereas, despite its vast natural resources, the Horn of Africa is one of the poorest regions in the world; whereas food security is extremely precarious there, and whereas millions of people living in the region suffer from malnutrition and are at risk of famine;


  1. whereas climate change is having a devastating impact on Kenya, namely due to the recurrent droughts which are causing below-average herd sizes, limited assets, low-income earning opportunities, and constrained activities impacting market access;


  1. whereas drought and armed conflicts are the two main reasons for displacement of persons in the region, including in Kenya, as stressed by the Nairobi global plan of action adopted at the summit of the IGAD (Intergovernmental Authority on Development) on 26 March 2017; whereas France, Germany, Spain and Italy are the main exporters of arms in the EU, and they sell arms to Ethiopia, South Sudan and Somalia, among others, contributing significantly to these conflicts; whereas, in fact, as of 31 July 2021, the number of refugees and asylum seekers registered by the UNHCR in Kenya was 525,671, and 53.1% of them come from Somalia, 25.4% from South Sudan, and 5.7% from Ethiopia; whereas 76% of them are women and children; whereas 40% of them live in Kakuma refugee camp;


  1. whereas the Kenyan Government has issued an ultimatum to the UNHCR to provide a plan and a timeline to close Kakuma refugee camp by 30 June 2022, along with Dadaab refugee camp; whereas this has caused great distress particularly to the 400,000 of refugees who have never known life outside these camps;


  1. whereas on April 8, Kenya’s High Court ordered a temporary stay of the Government’s decision; whereas the Kenyan Government had already tried to close Dadaab refugee camp in 2015, and the High Court ruled that the decision was discriminatory and amounted to an arbitrary and disproportionate collective punishment;


  1. whereas the UN Convention Relating to the Status of Refugees prohibits the refoulement of refugees to regions where their lives or liberty are threatened; whereas the conflicts in Somalia and Ethiopia, the violence surrounding the elections in Uganda and Tanzania, the threat against women’s rights as well as the persecution of LGBTIQ+ communities in Uganda and elsewhere make it untenable to ensure the voluntary return of refugees would be safe; whereas, particularly under the current context of the COVID-19 pandemic, the closure of camps without an orderly approach that respects refugee rights would have devastating humanitarian consequences;


  1. whereas the human rights situation in Kakuma refugee camp remains worrying, with restrictions on free movement, food rationing and limited educational opportunities; whereas 68% of Kakuma refugees live below the poverty line of $1.90 per day; whereas households headed by women are poorer than those men-headed; whereas of the working-age population, only 20% of refugees are employed;


  1. whereas women and girls are subjected to various forms of sexual violence, most frequently rape; whereas refugee girls, new arrivals and single women who are heads of the household are particularly at risk; whereas rape is perpetrated by refugee men from camp, local community members, and/or security guards; whereas other forms of violence such as child and forced marriage, female genital mutilation and intimate partner violence are also common;


  1. whereas children and people belonging to minorities, such as people with disabilities and LGBTIQ+ people are in a particularly vulnerable situation in Kakuma refugee camp; whereas on 15 March 2021, two refugees with an LGBTIQ+ profile residing in Kakuma suffered severe burn injuries in an arson attack, causing the death of one of them, Chriton Atuhwera; whereas, as a result, a group of LGBTIQ+ refugees residing in Kakuma is requesting an urgent resettlement out of Kenya;


  1. whereas education, literacy, women’s rights, social justice and the fair distribution of state revenues, reducing inequality and the fight against corruption are central to good governance and to respecting international human rights obligations regarding the rights of migrants, refugees and IDPs;


  1. whereas the European Union and its Member States are the biggest suppliers of development assistance to Kenya; whereas the European Union spends about €100 million per year on grants for development in Kenya; whereas from 2007 to 2019, more than €1.94 billion in APF funding was channelled through the AU into the African Union Mission in Somalia (AMISOM), through the Africa Aid Fund; whereas the Union is conducting a number of civil and military operations in the region, such as the European Union Maritime Capacity Building Mission to Somalia (EUCAP Nestor), the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (EU NAVFOR) and the European Union Training Mission Somalia (EUTM Somalia); whereas NATO and the United States have destabilising actions in the region;





  1. Calls on the Kenyan Government to maintain Kakuma and Dadaab refugee camps, at least until the situation in the region stabilises; urges the Kenyan Government to ensure that the human rights of refugees are respected when taking any decisions that concerns them; stresses that, as long as instability persists, refugees will be unable to safely return home, and that Kenya has the obligation to grant international protection and not to return anyone to a country where there is a risk of torture, inhuman treatment, or any other form contrary to the Geneva Conventions; in this regard, expresses serious disquiet at ‘voluntary return’ strategies and the intimidation, scare tactics and disinformation that are allegedly employed;


  1. Expresses serious concern about the human rights situation of refugees in Kakuma camp; strongly condemns in particular, the high rates of sexual violence and the hostility against the LGBTIQ+ community, notably the murder of Chriton Atuhwera; urges the relevant authorities to take the necessary measures to ensure that human rights of refugees in Kakuma are respected, including freedom of movement, the right to work and the right to a life free of violence;


  1. Encourages the Government of Kenya to work with UNHCR to develop a plan that allows for voluntary integration into the Kenyan Community, to open Kakuma camp so that refugees have access to employment and services, and to introduce local integration and self-reliance policies and programmes in line with their commitments to the Comprehensive Refugee Response Framework (CRRF); encourages the Government of Kenya and UNHCR to develop a plan that allows for third country resettlement of refugees, while ensuring that their safety is not compromised;


  1. Expresses grave concern at the situation in the Horn of Africa, particularly regarding poverty and food insecurity; calls on the European Commission to release the emergency humanitarian aid needed to cope with the refugee problem and the famine in the region; calls for aid from the EU and its Member States to be provided in the form of grants rather than loans, so as not to add to the debt burden; calls for the aid provided by the EU and the Member States in the Horn of Africa to be used, as a matter of priority, to address violence, including sexual violence, and problems linked to severe inequalities, poverty, chronic malnutrition, access to health and public services, particularly reproductive healthcare, and the achievement of sustainable development goals; calls, similarly, for food aid to be increased and to be used, as a matter of priority, to buy food from local small farmers;


  1. Urges that the provision of development aid should not be used as a pretext for insisting that borders be closed or controlled or that migrants be readmitted; demands a radical change in European migration and asylum policies, putting an end to the externalisation of borders and facilitating instead legal pathways for safe and dignified migration and for people seeking international protection, notably by offering a significant contribution of resettlement places in the EU based on UNHCR Global resettlement needs and providing humanitarian visas;  urges in this regard Member States and the European Commission to provide resettlement opportunities for the refugees of Kakuma; calls on Member States and the Commission to continue working with UNHCR giving priority to those who need it most, notably survivors of torture or sexual and gender-based violence, unaccompanied minors, people with disabilities and LGBTIQ+ people;


  1. Calls on the EU and the international community to cooperate with African countries and regional and international actors to resolve the conflicts by strictly peaceful means, in particular by tackling their underlying causes; in this light, urges all EU Member States, namely France, Germany, Spain and Italy, to swiftly put an end to their arms exportation; calls on the EU to establish a new framework for relations with Kenya and all African countries, which is based on non-intervention in their internal affairs and respect for their sovereignty and which seeks to support the development of neighbouring regions, rather than on ‘association agreements’ which serve mainly to establish free trade areas that benefit Western corporate interests;


  1. Calls on the international community to fairly share responsibility concerning refugees and asylum seekers by expanding adequate opportunities for third-country resettlement and mass COVID-19 vaccination programs;


  1. Reiterates that the activities of European companies present in third countries must be entirely consistent with international human rights standards; calls, therefore, on the Member States to ensure that companies which are subject to their national law do not disregard human rights or the social, health and environmental standards to which they are subject when they set up subsidiaries, or do business, in a third country; calls on the Commission and the Member States to take the requisite action against European companies which do not comply with those standards or which do not adequately compensate victims of human rights violations for which they are directly or indirectly responsible;


  1. Calls on the Kenyan Government and the governments of the countries of origin of mining companies to require those companies to adopt good practices with regard to transparency, responsibility and public consultation, and to combat corruption in the mining industry;


  1. Considers that measures to combat land grabs by multinational and in particular European undertakings are vital as a means of safeguarding decent living conditions for local people and of promoting food sovereignty in the countries in the Horn of Africa; calls, therefore, for this question to be the subject of a specific, key dialogue between the EU and the countries in the Horn of Africa;


  1. Instructs its President to forward this resolution to the European External Action Service, the Commission, the Council, the European Union Member States, the countries in the Horn of Africa, the Pan-African Parliament, the Kenyan Government and the members of the United Nations General Assembly.





Последно осъвременяване: 14 септември 2021 г.
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