LGBTI Kakuma UNHCR Refugees be aware of Rights

When the Kakuma LGBTQI refugees protested harsh conditions and the failed security at the refugee camp UNHCR compound, through a peaceful process, they were accused of being provocative and then attacked by Kenyan police. This led to UNHCR issuing a statement, condemning the Kenyan police action and admitting to the very insecurities the refugees and advocates such as ourselves have been accusing the camp of for several years. This led finally to the transportation of approximately 200 refugees to a transit compound in Nairobi where UNHCR is now charged with their care and protection. However UNHCR seems to want them out. We believe UNHCR has a responsibility to come up with better solutions than are currently being offered.

The conditions in the Compound are deplorable. That has been reported here: https://oblogdee.blog/2018/12/24/unhcr-transfers-lgbti-refugees-in-kenya-to-unsanitary-crowded-conditions/ Now refugees are being told by UNHCR that a deal has been made with the Kenyan government, for the refugees to leave the UNHCR compound and live as community among the Kenyan society. Although Kenya criminalizes homosexuality and shares a similar homophobic milieu to the ones the refugees have escaped from in their own countries, the Kenyan government, according to what refugees have been told, will "turn a blind eye to the homosexual" refugees as long as "lay low". We do not believe this is a solution at all. LGBTI people should have an unfettered right to live their sexuality openly, equally and in accepting community and uNHCR must work more avidly with global partners to ensure this. Do not send people into hateful intolerant society. THAT is what they exiled from at great pain and human expense.

This advisory from UNHCR must be seen in context: UNHCR has minimal resources and not enough resettlement positions from abroad available to refugees.

Notably since Trump came into the U.S. presidency, calling Africa 'S-hole' countries, issuing EO's with travel bans impacting refugees, and reducing refugee numbers in general, the already limited flow of LGBT refugees to the United States is almost at a standstill. This is having major human rights ramifications hurting LGBTQI migrants. African Human Rights Coalition is recommending the following to LGBTI refugees caught up in this "Kakuma 200" situation:, now at the UNHCR temporary transit compound. "1) First and foremost consider your safety - and always do your best to protect yourselves, judging for yourself what you believe to be best; 2) We advise that if safe, and only under peaceful and calm conditions, refugees remain in the Compound until UNHCR comes up with a proper solution. We do not believe being sent into community with condition to "lay low" is a solution. Refugees need more reassurances, more clarity and confirmation in writing to each of individually. 3) We do not believe UNHCR should be let off the hook of their duty to provide you with special protection due to your extreme insecurity and vulnerability as POC. 4) We do not believe that UNHCR should be let off the hook for their responsibility to seek expedited resettlement solutions for all LGBTI refugees, given that no matter what promise the Kenyan government makes, the law still criminalizes LGBT people in Kenya and society is vehemently opposed to homosexuality - placing all who should be under protection in constant danger, even if people "lay low." 5) Refugees who do think about leaving the compound need to clarify individually with UNHCR if their case will still be an open mandate and file for possible resettlement - or is UNHCR going to close the file and conclude you as having received asylum in Kenya? You should each demand in writing that your case will still be continued as open even if you leave Compound. Do not sign away your rights without full knowledge of what you are getting into and what it means. 6) UNHCR is under difficulty because the pipeline for resettlement is slow and at a standstill. However we advocates pledge to work very hard in our own countries to try and get expedited and guaranteed resettlement for LGBT people .This will take time. 7) If you decide to leave the compound, then be clear on the monetary stipend - in writing - the duration - and if it is enough . What will happen when it ends? What are the work opportunities thereafter? You need to be reassured by UNHCR as to how you will survive month to month and you need to ask them to put that in writing to you. 8) The Agreement they asked you to sign refers to conditions and circumstances they state that you have been told about and you are signing that you understand, yet nowhere do they provide what that understanding is- in writing to you. this leaves room for misinterpretation and uncertainty. 9) UNITY - UNITY - UNITY - If you are divided you are less powerful in your claims and demands. It is more power if you can stick together. 10) PLEASE you are in some ways in a stronger advocacy position than ever before - because of the stated admissions made by UNHCR in their statement when they transported you from kakuma. This was a big admission for them to make. They admitted you were unsafe and needed protection. Now they must properly provide it. Use this admission well. Remain calm and peaceful. Do not create drama or be provocative. You are in a stronger position if you unify and do things in a way that develops strong alliances and partnerships. 11) Many more people and organizations are now coming forward. Lets see if 2019 can improve. 120 The Global LGBTQI community is behind you - you have our support. STAY STRONG! STAY SAFE STAY IN PEACE! Thank you for your courage" By Melanie Nathan" nathan@africanHRC.org

© 2015 African Human Rights Coalition

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