Identifier
Created
Classification
Origin
07NAIROBI87
2007-01-05 10:12:00
UNCLASSIFIED
Embassy Nairobi
Cable title:
DIPLOMATIC NOTE ON REFOULEMENT DELIVERED TO THE
how-toVZCZCXRO0343 OO RUEHDE RUEHROV RUEHTRO DE RUEHNR #0087 0051012 ZNR UUUUU ZZH O 051012Z JAN 07 FM AMEMBASSY NAIROBI TO RUEHC/SECSTATE WASHDC IMMEDIATE 6424 INFO RUCNIAD/IGAD COLLECTIVE IMMEDIATE RUCNSOM/SOMALIA COLLECTIVE IMMEDIATE RHMFIUU/CJTF HOA IMMEDIATE RHMFIUU/HQ USCENTCOM MACDILL AFB FL IMMEDIATE
UNCLAS NAIROBI 000087
SIPDIS
SIPDIS
DEPT FOR AF/E, AF/RSA, PRM
E.O. 12958: N/A
TAGS: PGOV PREL PREF PTER ASEC MOPS SO ET KE
SUBJECT: DIPLOMATIC NOTE ON REFOULEMENT DELIVERED TO THE
KENYAN MFA
REF: NAIROBI 00067
UNCLAS NAIROBI 000087
SIPDIS
SIPDIS
DEPT FOR AF/E, AF/RSA, PRM
E.O. 12958: N/A
TAGS: PGOV PREL PREF PTER ASEC MOPS SO ET KE
SUBJECT: DIPLOMATIC NOTE ON REFOULEMENT DELIVERED TO THE
KENYAN MFA
REF: NAIROBI 00067
1. Embassy Nairobi sent a diplomatic note to the Kenyan MFA
on January 5 expressing concern over reports of refoulement
of Somali asylum seekers, the text of which follows.
Begin Text of Diplomatic Note:
The Embassy of the United States of AMERICA presents its
compliments to the Ministry of Foreign Affairs of the
Republic of Kenya and has the honor to deliver the following
message. We appreciate the Government of Kenya,s continued
role in seeking to stabilize Somalia. We further appreciate
that the Government of Kenya has a responsibility to ensure
border security and to interdict known terrorists.
The Government of Kenya also has humanitarian
responsibilities based on international conventions that it
has signed and pledged to maintain. The OAU Convention on
Refugees, to which Kenya is a signatory, explicitly calls for
allowing civilians at risk to seek asylum on its territory.
The Geneva Convention calls for non-refoulement of refugees.
The Universal Declaration of Human Rights recognizes the
right to seek and enjoy asylum. Officials at U.S. Embassy
Nairobi and the United Nations High Commission for Refugees
have discussed this issue with Kenyan authorities over the
past few weeks and received repeated assurances Kenya would
honor its international obligations to admit asylum seekers.
We are concerned about reports that Kenya has returned over
400 Somali asylum seekers at the Liboi transit center, close
to 300 more at Lamu, and an undetermined number by sea.
Forcibly returning these persons to a place where their lives
could be endangered is a transgression of the principle of
non-refoulement as defined under the 1951 Convention Relating
to the Status of Refugees.
We understand the Office of the United Nations High
Commissioner for Refugees has extended its offer to provide
immediate expertise and support and entry points for newly
arriving persons from Somalia. The United States Government
also stands ready to assist Kenya with these obligations. We
believe appropriate balance between security and protection
can be found by rigorous screening of all Somalis crossing
into Kenya and appropriate security at screening sites. This
will ensure that Kenya offers appropriate protection to
legitimate asylum seekers while increasing its chances of
catching suspected terrorists and extremists who can be dealt
with appropriately under international criminal law.
(Complimentary closing)
End Text.
APPLETON
SIPDIS
SIPDIS
DEPT FOR AF/E, AF/RSA, PRM
E.O. 12958: N/A
TAGS: PGOV PREL PREF PTER ASEC MOPS SO ET KE
SUBJECT: DIPLOMATIC NOTE ON REFOULEMENT DELIVERED TO THE
KENYAN MFA
REF: NAIROBI 00067
1. Embassy Nairobi sent a diplomatic note to the Kenyan MFA
on January 5 expressing concern over reports of refoulement
of Somali asylum seekers, the text of which follows.
Begin Text of Diplomatic Note:
The Embassy of the United States of AMERICA presents its
compliments to the Ministry of Foreign Affairs of the
Republic of Kenya and has the honor to deliver the following
message. We appreciate the Government of Kenya,s continued
role in seeking to stabilize Somalia. We further appreciate
that the Government of Kenya has a responsibility to ensure
border security and to interdict known terrorists.
The Government of Kenya also has humanitarian
responsibilities based on international conventions that it
has signed and pledged to maintain. The OAU Convention on
Refugees, to which Kenya is a signatory, explicitly calls for
allowing civilians at risk to seek asylum on its territory.
The Geneva Convention calls for non-refoulement of refugees.
The Universal Declaration of Human Rights recognizes the
right to seek and enjoy asylum. Officials at U.S. Embassy
Nairobi and the United Nations High Commission for Refugees
have discussed this issue with Kenyan authorities over the
past few weeks and received repeated assurances Kenya would
honor its international obligations to admit asylum seekers.
We are concerned about reports that Kenya has returned over
400 Somali asylum seekers at the Liboi transit center, close
to 300 more at Lamu, and an undetermined number by sea.
Forcibly returning these persons to a place where their lives
could be endangered is a transgression of the principle of
non-refoulement as defined under the 1951 Convention Relating
to the Status of Refugees.
We understand the Office of the United Nations High
Commissioner for Refugees has extended its offer to provide
immediate expertise and support and entry points for newly
arriving persons from Somalia. The United States Government
also stands ready to assist Kenya with these obligations. We
believe appropriate balance between security and protection
can be found by rigorous screening of all Somalis crossing
into Kenya and appropriate security at screening sites. This
will ensure that Kenya offers appropriate protection to
legitimate asylum seekers while increasing its chances of
catching suspected terrorists and extremists who can be dealt
with appropriately under international criminal law.
(Complimentary closing)
End Text.
APPLETON