The United Nations has expressed concern over Kenya’s decision to repatriate four Turkish nationals back to their home country against their will.
In a statement the UN refugee agency UNHCR told the Kenyan government to abide by their international legal obligations, and in particular, to respect the principle of non-refoulement [forced return of refugees].
The principle protects asylum-seekers and refugees from any measure that could lead to their removal to a place where their life or freedom would be threatened.
Article 33 of the 1951 Refugee Convention relating to the Status of Refugees: Non-Penalization, Detention and Protection provides, “No Contracting State shall expel or return (” refouler “) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.
The only exception provided under Article 33 (2) is “a refugee whom there are reasonable grounds for regarding as a danger to the security of the country in which he is, or who, having been convicted by a final judgement of a particularly serious crime, constitutes a danger to the community of that country”.
Kenya Foreign Affairs Principal Secretary Dr Korir Sing’oei on Monday confirmed that four Turkish nationals abducted on Friday were repatriated to their country at the request of Turkish authorities.
In a statement Korir, himself an International law expert, said Kenya acceded to the request on the strength of the robust historical and strategic relations anchored on bilateral instruments between the two countries.
The four are Mustafa Genç (former principal Light Academy), Öztürk Uzun, Alparslan Taşçı, and Hüseyin Yeşilsu, and had been living in Kenya as refugees.
The move to repatriate the four Turkish nationals has been widely condemned by human rights organizations and legal experts.
The Police Reforms Working Group on Monday said it was shocked by the Kenyan government’s admission that Kenyan law enforcement and foreign affairs agencies played a role in the refoulement and forced return of the Turkish nationals from Kenya.
“The principle of non-refoulement is a cornerstone of refugee protection. It has been recognised in international humanitarian law for more than 70 years. The 1951 United Nations Refugee Convention and its 1967 Protocol, the 1969 OAU Convention on refugees and the 2021 Refugee Law of Kenya explicitly prohibit the return of refugees to a place where they are likely to face the very danger from which they fled,” the statement said on October 21.
Kenya Human Rights Commission said that by the Kenyan government repatriating the four refugees against their wishes, it violated national and international laws.
“This adds to endless grounds that make Kenya unfit to be part of the UN Human Rights Council”, it said.
Universal Rights Association said the “disturbing event” raises significant human rights concerns, especially if any external intelligence involvement is confirmed.
“Such acts, if left unchecked, represent a serious violation of international law and pose a threat to the safety of foreign nationals residing or visiting Kenya. Transnational abductions undermine the rule of law and tarnish Kenya’s longstanding reputation as a country that upholds human rights and the principles of international diplomacy,” it said in a statement on Monday.
