Domestication of International Refugee Rights in Kenya: Assessment of Teacher Awareness of Refugee Rights
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Date
2024-07
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Kenyatta University
Abstract
One of the prominent issues on the contemporary global arena is that of the protection of rights of refugees. As a response, international refugee regimes have been developed to safeguard these rights. In order to fulfill its obligations to international refugee law, Kenya has formulated policies to incorporate international law into its domestic legal framework. Kenya has been a host for refugees from Somalia, Ethiopia, South Sudan, the Democratic Republic of Congo, Rwanda, and Burundi for several decades. A significant question regards the extent to which Kenya has adequately protected the rights of refugees residing within its borders. The present study focused on the protection of refugee right to education. Narrowly, it assesses teachers’ awareness of refugee rights. By focusing on teachers as agents responsible for granting rights, this research is grounded on liberal and liberal institutionalist theories, emphasizing the significance of individuals as key actors in the domestication of international refugee law. The study examined the domestication of the right to education for urban refugee children, the inclusion of refugee rights in teacher training, and the attitudes of teachers towards refugee learners. The context was Ruiru Sub-county in Kiambu County. Employing an exploratory research design with a qualitative approach to data collection. Data were analysed thematically. Findings indicated that Kenya has made progress in domesticating refugee rights through legislations such as the Refugee Act of 2006, the 2010 Constitution, and the Refugee Act of 2021. These Acts guarantee the right to education for refugees. However, the study reveals that factors such as the encampment management policy, securitization of refugees, lack of teacher training on refugee rights, language barriers, a discriminatory national curriculum, and a negative societal perception of refugees as intruders hinder the access to education for urban refugee children in Ruiru. Furthermore, the study identifies inadequacies in international conventions and protocols that address the rights of refugees, particularly in relation to education. These inadequacies contribute to the challenges faced by urban refugee children in accessing education. The study concludes by emphasizing the need for comprehensive measures to address these challenges and ensure the effective domestication of refugee rights in Kenya.
Description
A Research Project Submitted to the School of Law, Arts and Social Sciences In Partial Fulfillment Of the Requirements for the Award of Master of Arts Degree in International Relations and Diplomacy, Kenyatta University, April, 2024
Supervisor
Joseph Wasonga