The refugee and the right to an effective remedy in International Law: A case study of Dadaab, in North Eastern Kenya.
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Date
2013-04
Authors
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Journal ISSN
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Publisher
Kampala International University, School of law.
Abstract
This study investigated the relationship between the relationship between refugees and state
compliance with human rights obligations, and protection of refugees' rights under the
international refugee law in Kenya, for this purpose which is to validate and test the existing
information about it_ to test the hypothesis of there is no significant relationship between
international law and being a refugee. The specific objectives of this study are to determine the
effects of protection of refugees' rights under international refugee law, to determine the impact
of the right to an effective remedy in international law, to find out how implementation of the
human right to an effective remedy in a domestic setting is done.
The research design of this study employed descriptive correlation design because it deals with
relationship between variables. Documentation was also applied since it is a source of supportive
information from agencies that deal with facts on the topic and have put them in a number of
documents, reports, journals and bulletins, text books and work of other scholars whether
published magazines, written data source including published and un published documents
agency reports, news papers articles, internet sources, local government acts among others so as
to obtain relevant information.
The conclusion in which it is hoped that all questions that the study set out to answer shall be
satisfactorily addressed is that International human rights law. as mentioned in the Preamble to
the UDHR, aims to ensure the equality of all people that should live with all dignity and worth
inherent in all human beings without any discrimination whatsoever. The primary subjects of
international law being the States, they carry the responsibility to ensure that all persons within
th~ir sovereign territory and under their jurisdiction do fully enjoy the rights guaranteed under
international law and which the respective State has undertaken to respect, protect and fulfill.
The study recommended that the government should be more humanitarian and willing to
provide temporary protection to refugees, today the trend has become one of restricting entry
through the tightening of border controls, enactment of restrictive migration and asylum laws.
thus making it difficult for refugees to secure asylum. It's also recommended that the State
should ensure that there is a remedy available to sufficiently redress the violation suffered.
Where citizens have confidence in the human rights protection system of their State. there is no
reason for them to flee in search of refuge in another country.
Description
A dissertation submitted to the School of Law of Kampala
International University in Partial Fulfillment for
the Award of the Degree of
Bachelors of Laws.
Keywords
International Law, Refugees, Rights, North Eastern Kenya