MOTION FOR A RESOLUTION on the situation in Kakuma refugee camp in Kenya
14.9.2021 - (2021/2874(RSP))
pursuant to Rule 144 of the Rules of Procedure
Pierrette Herzberger‑Fofana, Alviina Alametsä, Caroline Roose, Hannah Neumann, Francisco Guerreiro, Rosa D'Amato, Piernicola Pedicini, Erik Marquardt, Michèle Rivasi, Tineke Strik
on behalf of the Verts/ALE Group
See also joint motion for a resolution RC-B9-0445/2021
B9‑0445/2021
European Parliament resolution on the situation in Kakuma refugee camp in Kenya
The European Parliament,
– having regard to the Universal Declaration of Human Rights of 10 December 1948, to which Kenya is a signatory,
_ having regard to the African Charter on Human Rights,
_ having regard to the Global Compact on Refugees (GCR)
– having regard to the ACP-EU Partnership Agreement (‘Cotonou Agreement’)
_ having regard to the Global Europe - NDICI Regulation
_ having regard to the EU Pact on asylum and migration
_ having regard to its previous resolutions on Kenya, in particular on the Dadaab refugee camp”, of 18 May 2017
_ having regard to the European Parliament resolution of 25 March 2021, on ‘a new EU-Africa Strategy – a partnership for sustainable and inclusive development”
_ having regard to the EU Emergency Trust Fund for Africa,
_ having regard to the report of the European Court of Auditors on EU Development Aid to Kenya of 8 September 2020
– having regard to the Constitution of the Republic of Kenya,
– having regard to Rules 144 of its Rules of Procedure,
- whereas Kenya is the second-largest hosting country of refugees and asylum seekers in Africa behind Ethiopia; whereas according to UNHCR as of 31 May 2021, Kenya’s population of refugees and asylum seekers is at 519,989 in Kakuma, Dadaab and urban areas; whereas conflicts such as in Somalia and Ethiopia, pre and post-election violence in Uganda and Tanzania, makes voluntary return safe and dignified unjustifiable for most refugees in Kakuma camp;
- whereas the Kakuma camp has been formally established in 1992 as a temporary solution to those seeking shelter and fleeing persecution, violence and instability in the East Africa region; whereas currently almost 30 years later, the camp hosts over 156,000 refugees most of them being young people and women; whereas the Kenyan government has offered very few alternatives for the integration of refugees into the country;
- whereas the Kakuma camp is located in Turkana county one of the poorest counties of Kenya where both local population and refugees suffer severe food and water shortage and lack of basic needs; whereas to the Covid-19 pandemic worsens an already alarming humanitarian situation in the camp and county where it is settled;
- whereas despite UNHCR and its partners had prepared facilities to respond to the pandemic, 65 percent of camp-based refugees report lower access to health facilities after the outbreak compared to before the outbreak in March 2020, mainly due to fear of infection and unavailability of medical staff; whereas only 3% of the Kenyan population is fully vaccinated against COVID-19; whereas the vaccination campaign in Kenyan refugee camps started on 30 March 2021, with the Kakuma camp being allocated 2000 doses of vaccines;
- whereas Kenyan asylum seekers are totally dependent on humanitarian support for their basic needs; whereas since 2012, the EU has provided more than €200 million in humanitarian aid in Kenya; whereas this year, the EU allocated €14 million in funding for humanitarian projects in Kenya, aiming first at assisting refugees, including for food assistance, healthcare, WASH and education services provided to the Kakuma and Daddab camps;
- whereas since late 2019, Kenya has been impacted by a combination of unprecedented threats and severely impacted by climate change: the largest Desert Locust invasion in the last 60 years, floods that have marked the rainfall seasons, and COVID-19 restriction measures;
- whereas On 24 March 2021, Kenya’s interior minister, has given the UNHCR an ultimatum of 14 days to draw up a plan for the closure of both Dadaab and Kakuma camps; whereas on Thursday 8 April 2021, the Kenyan high court temporarily postponed the closure for 30 days; whereas on 29 April the UNHCR and the Kenyan government agreed on a roadmap towards a later closure of the Kukuma and Dadaab camps by 30 June 2022; whereas the roadmap includes voluntary return for refugees to their countries of origin in safety and dignity, departures to third countries under various arrangements, and alternative stay options in Kenya for certain refugees from East African Community (EAC) countries;
- whereas in Kukama camp only 13% of refugees have access to the electrical grid or a generator with the main sources of lighting in Kakuma are battery lamps, candles, or torches; whereas according to the latest report of the European Court of Auditors (ECA) on development aid in Kenya, the second largest allocation of the 11th European Development Fund (EDF) in Kenya goes to energy and transport for a total amount of €175 million; whereas these investments are financed preferably through blending-guarantee modalities and public private partnerships (PPP); whereas the ECA points out to shortcomings on the details of how this share of EU aid to Kenya is able to fulfil the objectives set in the National Indicative Plans and achieve significant development results;
- whereas Transparency International’s Corruption Perception Index 2018 ranks Kenya 144th (out of 180 countries), placing it in the bottom 21 %. whereas ECA reported that in Kenya corruption is one of the biggest obstacles to the country’s development;
- whereas Kenya law punishes consensual same-sex relations with up to 14 years in prison; whereas Kenyan High Court rejected a constitutional challenge to the ban in 2019; whereas the UNHCR raises concerns over the Kenyan Refugee Bill, in particular over the fact that LGBTIQ+ refugees and asylum seekers could be subjected to ‘refoulement’ on the de facto basis of their sexual orientation; whereas at the same time, Kenya is the only country in the region which accepts refugees based on sexual orientation and gender identity; whereas around 300 refugees and asylum seekers registered in Kakuma refugee camp have an LGBTIQ+ profile with most of them having reported to live peacefully in the Kakuma community according to UNHCR; whereas over the past months over 30 individuals with an LGBTIQ+ profile have been relocated from the Kakuma 3 part of the camp to other parts based on the protection concerns raised by them and following careful assessment by UNHCR on the ground; whereas violent attacks against LGBTIQ+ people took place in the Kakuma camp over the year and in particular on 15th March and are currently under investigation;
- whereas a complete, public overview of EU funding to third countries to facilitate cooperation on migration issues remains unavailable; whereas the EU Trust Fund for Africa is established under the Development Cooperation Instrument (DCI), and must be aligned to the primary objective of the development policy of the European Union, which remain “the fight against poverty” and furthermore that the respect for human rights, fundamental freedoms, the promotion of the rule of law, democratic principles, transparency, good governance, peace and stability and gender equality, are essential and part of the Constitutive Agreement establishing the EU Trust Funds;
- Commends that Kenya has played an important role in hosting an unprecedented number of refugees in the Kakuma refugee camp over a period of almost 30 years; stresses, however, the fact that the refugee camps should be a temporary solution for short term humanitarian response, while long-term camps deprive thousands of men, women and children of their dignity making them dependent on humanitarian aid;
- Stresses that any plan on the closing of the Kakuma camp requires an efficient, coordinated approach by the Kenyan government and local authorities as well as the international community as a whole, including the EU, in order to bring about a sustainable alternative solutions to the refugees from this camp and ensure people can continue accessing healthcare, water and food services;
- Calls on the Kenyan government with the support of the international community and in coherence with the principle of international responsibility-sharing as outlined in the Comprehensive Refugee Response Framework (CRRF) of the New York Declaration to introduce local integration and related policies and programmes; stresses that allowing refugees to benefit from national services and integrating them into national development plans is essential for both refugees and the communities hosting them, and in line with the pledge to “leave no one behind” in the 2030 Agenda for Sustainable Development;
- Stresses that EU financial assistance to third countries for the reception of refugees can under no circumstances substitute the responsibility of the EU in hosting and resettling a fair share of people in need of international protection;
- Calls on the Kenyan government and the international community to set up the financial means and necessary actions for third country resettlement and voluntary repatriation to their country of origin for refugees that are willing and which do not compromise their safety or dignity;
- Calls on the EU to address the issue of food insecurity and lack of basic needs in the Kakuma camp including inter alia, access to water sanitation, healthcare and electricity services not only via refugee-exclusive assistance, but also through its support to national development programmes whose ability to fulfill development effectiveness has been ensured and is regularly assessed, in particular with regard to blending guarantee modalities and Public Private Partnerships;
- Underlines that women and children make up the largest part of the population of the Kakuna refugee camp; calls on the Kenyan Government and local authorities, international aid organisations and the international community, including the EU, to adopt assistance measures addressing the specific vulnerabilities of women and children in the camp, such as persecution based on sex and gender, violence against women, sexual abuse and exploitation, extreme poverty and exclusion;
- Calls on the EU and its delegations in Kenya and international partners to support and monitor the situation of LGBTIQ+ population in the Kakuma refugee camp and provide the support tailored to their intersectional needs and vulnerabilities, including after the closure of the camp as this is essential to improve the practice at the different stages of the process of their asylum request; insists that the EU delegation in Kenya continues to monitor the situation of LGBTIQ+ people closely and to actively support civil society organisations and human rights defenders and LGBTIQ+ people on the ground; condemns any act of violence and discrimination against LGBTIQ+ people in the Kakuma camp and calls on those responsible to be hold accountable;
- Calls on the Commission to regularly report to Parliament on the implementation and programming for the EU Trust Fund for Africa and calls for a specific impact assessment covering its human rights impact to be carried out by the European Commission, with the support of the Fundamental Rights Agency; calls on the Commission to timely present the result of such impact assessments to the European Parliament, including within the framework of the working group on external financial instruments of the Committee on Foreign Affairs and the Development Committee;
- Deplores the fact that 37% of the EUTF for Africa is allocated to measures intended to restrict and reduce migration while less than 9% is allocated to addressing the drivers of migration and forced displacement; notes that there is no long-term assessment of the consequences of the measures on migratory routes and the security situation; notes however the potential for local ownership, the involvement of local authorities and civil society organisations (CSOs) in projects supported by the EUTF for Africa; calls on the Commission to actively engage with local authorities and CSOs in order to fully make use of this potential notably with regard to the situation of the Kakuma refugee camp;
- Stresses the importance of allocating a substantial share of Global Europe - NDICI to civil society organisations in third countries, including Kenya for providing assistance and for the protection and monitoring of the rights of migrants; calls on ensuring that a significant part of the programming through this instrument is earmarked for the improvement of human rights and international protection for refugees, notably in Kenya;
- Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the President of the Republic of Kenya, the Speaker of the Kenyan Parliament and the African Union and its institutions.