IGAD--the Intergovernmental Authority on Development, constituted by the four Horn of Africa states plus Sudan, South Sudan, Kenya and Uganda--last week issued an important communique on Somali refugees. The Nairobi Declaration on Durable Solutions for Somali Refugees and Reintegration of Returnees in Somalia builds on earlier regional statements and agreements to work collectively toward safe and durable Somali returns and to seek additional funding from the international community to support hosting states.
Last year, the Kenyan government announced that it would close Dadaab refugee camp, repatriate Somali refugees, and disband the Department of Refugees. On February 9, 2017, a decision of the High Court in Nairobi invalidated the government’s planned course of action. The court held that return of Somali refugees would violate the 1951 Refugee Convention’s norm of non-refoulement and constitute discrimination prohibited by the Kenyan Constitution. The failure to consider individual cases under prevailing law was deemed to violate the Kenyan Fair Administrative Action Act. Further, the court held that the government lacked authority to close the Department of Refugees, which would require legislation enacted by the Parliament.