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Children, Migration and the Right to Health Conference: Sydney, 2019 Presenter: Edwin Abuya The University of Nairobi, School of Law, Kenya Title: Asylum Applications in Kenya and Tanzania: Challenges faced by Unaccompanied Children with Disabilities Date: 26 July 2019

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Page 1: The University of Sydney - The University of Sydney - Children ......Children, Migration and the Right to Health Conference: Sydney, 2019 Presenter: Edwin Abuya The University of Nairobi,

Children, Migration and the Right

to Health Conference: Sydney, 2019

Presenter: Edwin Abuya

The University of Nairobi, School of Law, Kenya

Title: Asylum Applications in Kenya and Tanzania:

Challenges faced by Unaccompanied Children with

Disabilities

Date: 26 July 2019

Page 2: The University of Sydney - The University of Sydney - Children ......Children, Migration and the Right to Health Conference: Sydney, 2019 Presenter: Edwin Abuya The University of Nairobi,

Motivation

Previous research.

Current experience.

Page 3: The University of Sydney - The University of Sydney - Children ......Children, Migration and the Right to Health Conference: Sydney, 2019 Presenter: Edwin Abuya The University of Nairobi,

Location, location

Page 4: The University of Sydney - The University of Sydney - Children ......Children, Migration and the Right to Health Conference: Sydney, 2019 Presenter: Edwin Abuya The University of Nairobi,

Stats/lay of the land

Refugee population (UNHCR-June, 2019)

Kenya-474,000.

◦ 16% (NBO), 84% (camps).

◦ 55% below 17 years.

Tanzania-340,000 (Jan 2019)

Asylum seekers (2018)

Kenya-50,000

Tanzania-40,000

Half are children?

CWDs?

UCWDs?

21/08/2019

TI-KENYA POWERPOINT

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Page 5: The University of Sydney - The University of Sydney - Children ......Children, Migration and the Right to Health Conference: Sydney, 2019 Presenter: Edwin Abuya The University of Nairobi,

Children-Terms?

◦ Vulnerable

◦ Inquisitive

◦ Scared

◦ Manipulate

◦ Trust

◦ Innocent

◦ Violent

◦ Smart

◦ Caring

◦ Attention

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Page 6: The University of Sydney - The University of Sydney - Children ......Children, Migration and the Right to Health Conference: Sydney, 2019 Presenter: Edwin Abuya The University of Nairobi,

Overall protection

General duty to protect UMs.

◦ Best interest of the child (CRC)

◦ PWDs (CRPD art 11-situations of conflict: ‘all

necessary measures’; art 12 African Charter

on PWDs)

◦ Disabilities: physical, mental, intellectual,

psycho-social, neurological (CRPD, African

Draft Protocol).

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Page 7: The University of Sydney - The University of Sydney - Children ......Children, Migration and the Right to Health Conference: Sydney, 2019 Presenter: Edwin Abuya The University of Nairobi,

Layers of Protection

International

51 Refugee Convention & its Protocol, 1967.

CRPD, CRC, ICESCR, ICCPR-due process provisions.

Regional

African Charter on Human and Peoples’ Rights, 1981

African Charter on the Rights and Welfare of the Child, 1990

Protocol to the African Charter on Human and Peoples’ Rights onthe Rights of Persons with Disabilities in Africa, 2018

Domestic

Refugee Legislation.

Disability specific.

Constitutional provisions re: due process, equality, dignity, access toinformation, movement, socio-economic.

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Page 8: The University of Sydney - The University of Sydney - Children ......Children, Migration and the Right to Health Conference: Sydney, 2019 Presenter: Edwin Abuya The University of Nairobi,

Protection Concerns

Flight, RSD and post-RSD.

Cultural attitudes-CWDs hidden (shame/protect family).

Discrimination.

Communication barriers.

Movement/access.

Access to justice-AJS?

Health

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Page 9: The University of Sydney - The University of Sydney - Children ......Children, Migration and the Right to Health Conference: Sydney, 2019 Presenter: Edwin Abuya The University of Nairobi,

Protection Concerns (con’t)

Dignity (MWK & Another v The AG & Others [2017] eKLR

(Mativo J, handed down 18 Dec, 2017)-tied to privacy

and prohibition from degrading treatment.

Participation (“nothing for us without us”)-Simeon

Kitheka & Others v County Government of Machakos & 2

Others [2018] eKLR Odunga J, handed down 6 August

2018) .

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Page 10: The University of Sydney - The University of Sydney - Children ......Children, Migration and the Right to Health Conference: Sydney, 2019 Presenter: Edwin Abuya The University of Nairobi,

Protection Concerns (con’t)

Movement/access.

Resettlement-health test

Repatriation

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Page 11: The University of Sydney - The University of Sydney - Children ......Children, Migration and the Right to Health Conference: Sydney, 2019 Presenter: Edwin Abuya The University of Nairobi,

Conclusion: Interventions

Local NGOs (hearing devices); Intnl-wheel chairs.

Judiciary (court of appeal nominee-reasonable

accommodation)

Government commissions (Kenya National Commission

on Human Rights)

Continental courts and Commissions

ACHPR Special Rapporteur on Refugees, Asylum

seekers and Displaced Persons in Africa

Law Schools & other monitoring agencies.

Community

“Persons with Special needs”-burden?

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Page 12: The University of Sydney - The University of Sydney - Children ......Children, Migration and the Right to Health Conference: Sydney, 2019 Presenter: Edwin Abuya The University of Nairobi,

Conclusion: Interventions (con’t)

Stats.

Access to Infor.

Inclusion, inclusion, inclusion.

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Page 13: The University of Sydney - The University of Sydney - Children ......Children, Migration and the Right to Health Conference: Sydney, 2019 Presenter: Edwin Abuya The University of Nairobi,

Local Community Initiatives

21/08/2019

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