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{
    "id": 707353,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/707353/?format=api",
    "text_counter": 75,
    "type": "speech",
    "speaker_name": "Hon. Oyugi",
    "speaker_title": "",
    "speaker": {
        "id": 444,
        "legal_name": "Augostinho Neto Oyugi",
        "slug": "augostinho-neto-oyugi"
    },
    "content": "that we can accommodate these people in a manner that makes sense; in a manner that is useful; in a manner that makes Kenya’s borders secure and in a manner that ensures that women and children who come into our country are people who get protection. The refugee law we are proposing is supposed to provide protection in a way that is reconcilable with Kenya’s security interests. One of the things I spoke to is that we know that for a long time people have been concerned that refugee is equal to insecurity. But we are proposing a regime where Kenya’s security interests are going to be foremost, and that Kenya should first be protected before we think about protecting refugees. A discussion about protecting refugees should not be seen as if we are protecting refugees more than we are protecting Kenya’s territorial sovereignty. It is true that Kenya needs to be secure, but we are proposing a regime which puts Kenya first and the refugees second. I am sure that the Member for Mount Elgon is very happy with that concern. One of the things he raised in the Departmental Committee on Administration and National Security was the fact that he thought that refugees should not be elevated to the level of importance of Kenyans. But I am saying that Kenya’s security interests should be first and anything else comes second. One thing that is important before I speak to the specific aspects of this Bill is that refugee law is a powerful sign of solidarity with the world’s most severely at-risk people. It is the only international human rights remedy which can be engaged directly and immediately by at- risk people. Most important of all, it is a fundamental practical remedy which can be reconciled to the most basic interests of the states. In sum, it is a uniquely valuable asset which must be allowed to a trophy. On the specific aspects of this Bill, first from the short title, this is a Bill that is supposed to provide for recognition, protection of refugees, and to give effect to the convention relating to the status of refugees; the protocol on the status of refugees and the AU convention. One of the things this Bill seeks to do is the recognition of refugees and, two, to provide for their protection. The first part of this Bill is with regard to preliminary issues. It deals with definitions of who is a refugee, who is supposed to be a refugee and exclusion of who cannot be a refugee. Those are lifted directly from various conventions and various protocols of the AU with regard to refugees. I would request colleagues to read them and at least understand. The most important part of this Bill, in our view, is Part II which is on administrative provisions of the Bill. In Clause 6 we seek to establish the Kenya Refugee Repatriation and Resettlement Commission. Right now refugee affairs have been managed and administered by the Secretariat of Refugee Affairs. As we know, two or three months ago the Cabinet Secretary for Interior and Coordination of National Government disbanded the Secretariat vide a Gazette notice. So far, we have an amorphous body with no legal backing whatsoever. That is one of the reasons we are trying a commission that is going to be vested with refugee affairs. We propose that in that commission, the Chairperson be the CS in charge of internal security, the Vice-Chairperson be the CS in charge of foreign affairs, and then there be people from the Ministries of Education, Labour, Health, Social Welfare and Devolution. We are going this way because we believe that refugee issues are overarching issues; they are not just internal security issues or foreign affairs issues. They cut across the body corpus of health, education, labour, social welfare, among others. We are also proposing that in that commission there be a representative of the Kenya National Commission on Human Rights (KNCHR). This is the Commission that is charged with human rights and dignity issues, and is a representative of the UNHCR. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}