The Encampment Policy

Kenya's encampment policy, formalized in the 1990s and continuing to the present, requires refugees to live in designated camps (primarily Dadaab and Kakuma), prohibiting settlement in urban areas. The policy has been central to Kenya's approach to refugee management but has been unevenly enforced and widely circumvented.

Origins and Stated Rationale

The encampment policy was established when Kenya began receiving large numbers of Somali refugees post-1991. The stated rationale was to:

(Manage refugee population growth: Kenya sought to concentrate refugees where humanitarian aid could be efficiently delivered.)

(Maintain security: Keeping refugees in camps would prevent infiltration of militants or criminals into urban areas.)

(Protect host community relations: Concentrating refugees would minimize competition with urban Kenyans for jobs and services.)

(Facilitate eventual return: Camps were portrayed as temporary, with refugees eventually returning to Somalia.)

In practice, the policy has been largely unenforced in urban areas, and large urban refugee populations have developed despite the official policy.

Formal Provisions

The Kenyan government prohibits refugees from settling in urban areas outside designated camps. Refugees found in cities are subject to arrest and return to camps or deportation.

However, enforcement varies. Urban authorities sometimes tolerate refugee settlement; sometimes conduct sweeps and arrests.

The policy applies more strictly to Somali refugees in Kenya than to some other refugee populations, reflecting specific security and political concerns about Somali.

The Dadaab and Kakuma Camps

Dadaab in Garissa County (northeastern Kenya) is the primary Somali refugee camp complex, housing hundreds of thousands at peak and currently hosting 200,000+ refugees. Dadaab consists of three camps (Hagadera, Dagahaley, Ifo).

Kakuma in Turkana County (northern Kenya) hosts refugees from South Sudan, Ethiopia, Uganda, and other countries alongside some Somali.

These camps are administered by UNHCR and various NGOs, with formal governance structures, security arrangements, and humanitarian service provision.

Urban Refugee Populations Despite Encampment Policy

Despite the encampment policy, large numbers of refugees live in urban areas:

Nairobi: An estimated 100,000-300,000 Somali live in Nairobi (Eastleigh, Parklands, Kamukunji, and other areas) despite the encampment policy. These urban refugees may be formally registered (with UNHCR) or undocumented.

Other cities: Mombasa, Kisumu, Nakuru, and other cities host Somali and other refugee populations.

Urban refugees sometimes have refugee documentation from UNHCR but live outside designated camps. Others are entirely undocumented.

Evasion and Non-Compliance

Many refugees evade the encampment policy by:

(Moving to urban areas after initial camp settlement and avoiding detection.)

(Never registering with UNHCR and living as undocumented residents.)

(Using corruption to obtain passage from camps to cities, bribing officials to avoid return.)

(Claiming to be Kenyan or other nationalities to avoid refugee identification.)

(Living in informal settlements or suburbs where urban authorities do not systematically enforce restrictions.)

Economic Rationale for Urban Settlement

Urban refugees choose cities over camps because:

(Economic opportunity: Cities offer more employment and income-generating opportunities than camps.)

(Better services: Urban areas have better healthcare, education, and consumer goods access than camps.)

(Diaspora connections: Many urban refugees have family or clan members already in cities, facilitating social integration.)

(Freedom of movement: Urban residents can move more freely than camp residents, though still subject to some restrictions.)

Enforcement and Security Concerns

Kenya's enforcement of the encampment policy has intensified during periods of security concern:

(Post-2013 Westgate attack: Law enforcement increased surveillance and sweep operations in urban areas, targeting undocumented residents and refugees.)

(Operation Usalama Watch: Mentioned earlier as a mass detention operation in Eastleigh and other areas, partly justified by encampment policy violations.)

(Post-2015 Garissa attack: Increased enforcement of encampment policy in urban areas.)

Humanitarian Impact

The encampment policy creates humanitarian challenges:

(Limited economic opportunity in camps: Camp-based refugees depend on humanitarian aid, which is minimal.)

(Restricted access to services: Refugees outside official structures have minimal access to healthcare and education.)

(Long-term encampment: Some refugees have lived in camps 30+ years, with no path to integration or return to Somalia.)

(Vulnerability: Undocumented urban refugees are vulnerable to exploitation, trafficking, and abuse by authorities.)

International Criticism

UNHCR, human rights organizations, and international bodies have criticized Kenya's encampment policy as:

(Violating freedom of movement: Restricting refugees' right to freedom of movement and choice of residence.)

(Creating humanitarian problems: Forcing refugees into camps with inadequate services and opportunity.)

(Ineffective: The policy is widely evaded and not actually preventing urban settlement.)

(Discriminatory: The policy has been applied more strictly to Somali refugees than to others.)

Post-2010 Constitutional Context

Kenya's 2010 Constitution grants Bill of Rights protections, including freedom of movement. The encampment policy potentially conflicts with these constitutional rights, though courts have not definitively ruled against it.

Refugee advocates have argued that the encampment policy violates the Constitution and should be reformed.

Alternative Approaches and Future Directions

Some observers have suggested alternative approaches:

(Self-settled refugee integration: Allowing refugees to settle in urban areas and access formal employment and services.)

(Targeted assistance: Providing humanitarian assistance to urban refugees rather than forcing them into camps.)

(Transitional pathways: Creating paths for refugees with long-term displacement to integrate or resettle.)

Kenya's government has resisted these alternatives, maintaining the encampment policy despite its ineffectiveness and humanitarian costs.

Sources

UNHCR Kenya, "Self-Settled Refugees and Encampment Policy" (2019), available at https://www.unhcr.org/
Refugee Law Project, "Encampment Policy and Urban Refugee Rights in Kenya" (2015), available at https://www.refugeelawproject.org/
International Crisis Group, "Kenya's Refugee Camps and Urban Refugees" (2015), available at https://www.crisisgroup.org/africa/horn-africa/kenya
Kenya Human Rights Commission, "Freedom of Movement and Refugee Rights in Kenya" (2017), available at https://www.khrc.or.ke/

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