Kakuma refugee camp complex in Kenya remains unsafe for LGBTI refugees: Editorial Exploration

Violence, Discrimination and Human Rights Abuses Against LGBTI Asylum Seekers in Kakuma Refugee Camp, Kenya

A joint report by the National Gay and Lesbian Human Rights Commission (NGLHRC) and Amnesty International reveals the suffering of Lesbian, gay, bisexual, transgender and intersex (LGBTI) asylum seekers and refugees living in Kakuma, one of Kenya‘s largest refugee camps. The report documented numerous human rights abuses, including hate crimes, violence, and rape inflicted on LGBTI residents in Kakuma. The report presents the testimonies of 41 LGBTI residents in the camp, collected be 通過 een 2018 and February 2023.

LGBTI Suffer Systematic Discrimination at Kakuma Camp

Kakuma refugee camp, located in northwestern Kenya, has more than 200,000 residents, including hundreds of LGBTI people. According to the report, these residents suffer from serious human rights violations due to their sexual orientation, gender identity and/or expression, and sex characteristics. Violence and abuse against LGBTI residents take place both as a result of their status as asylum seekers or refugees and their sexual orientation. The perpetrators of violence and intimidation against LGBTI individuals operate with almost total impunity, enabled by the inaction of authorities.

Kenyan Government Must Protect LGBTI Asylum Seekers

The Kenyan Constitution protects life and dignity for all, including LGBTI asylum seekers, but the report finds that these individuals still face discrimination, harassment, violent homophobic attacks, and other forms of intimidation. The processing of their asylum claims is often delayed, limiting their opportunities for local integration or third-country resettlement.

The report details the extremely limited opportunities provided by the Kenyan government for local integration or third-country resettlement for LGBTI refugees. Many sexual acts within the LGBTI community are punishable by severe penalties, including death, in 32 of Africa’s 54 countries. In Kenya, same-sex acts are punishable by up to 14 years in prison under colonial-era laws.

The National Gay and Lesbian Human Rights Commission (NGLHRC) and Amnesty International are urging the Kenyan government to ensure the physical and psychological safety of all LGBTI asylum seekers and refugees in the Kakuma refugee camp complex. The camp is not yet safe for LGBTI individuals. The report also recommends that authorities amend or suspend the encampment policy to ensure services are provided to LGBTI asylum seekers and refugees and to consider relocating LGBTI individuals to Nairobi or other urban areas on a temporary or permanent basis to ensure their safety.

Conclusion

Despite Kenya being the sole country in the East and Horn of Africa that offers asylum to individuals who seek protection because of their sexual orientation, gender identity and/or expression, and sex characteristics, the country still has a long way to go to ensure the safety of this marginalized population. The government must act on the recommendations of the joint report by NGLHRC and Amnesty International, take action to prevent hate crimes, provide psychological and financial support for survivors, and thoroughly investigate and prosecute perpetrators of all forms of violence and intimidation against LGBTI individuals. In addition, third-country governments should increase pledges for resettlement and establish or enhance flexible alternative pathways for LGBTI asylum seekers and refugees in Kenya who need safety in a third country but do not qualify for traditional resettlement or other pathways.