Refugee crisis shows inhumanity to man

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We are witnessing refugee crisis reminiscent of the World Wars I and II when thousands of refugees, mainly in Europe became a phenomenon. The Universal Declaration of the Human Rights recognises the right of persons to seek asylum in other countries.

Subsequently the 1951 Refugee Convention relating to the status of refugees was adopted in 1951 as the centre piece of the International Refugees while 1967 protocol removed geographical limits thereby creating universal application to the refugee challenge.

It should however be appreciated that the 1951 convention does not apply to those accused or alleged of having committed war crimes, crimes against humanity, serious non-political crimes or acts against the purpose of 1951 convention. There is only one exception, it does not apply to refugees who benefit from protection or assistance of the UN Agencies such as refugees from Palestine who fall under the United Nations Relief and Works Agency for Palestine Refugees in the near East nor does it apply to refugees who have a status equivalent to nationals in their country of asylum.

Lately, humanity has faced unprecedented inflow of refugees mainly from Syria, Iraq, Afghanistan, Eritrea, Nigeria and Libya. They are all fleeing to Europe through Italy, Greece and Turkey. This has meant due to the means and condition of their travels, literally thousands have died while on board unsafe boats in the Mediterranean sea. To make matters worse as has been widely covered by the media, there has been luke warm reception of refugees in Europe. The suffering of the old women and children was unfathomable literally five years ago but since the onset of the so-called Arab spring and the wars in Syria and Iraq, there has been unabated flow of refugees.

In Europe, to observers of humanitarian and international human rights, this has been one of the worst examples in treatment of human beings since world wars. More tragically I have not heard a chorus of sympathy for the affected refugees and asylum seekers by the international community. We are acting with indifference and as a global citizen one wonders why there is no serious debate (condemnation) for the suffering of thousands if not millions of refugees? Has humanity become so heartless that the problem is so far out of our reach despite the daily images on our screens? Recently over 70 bodies of refugees were discovered inside a refrigerated car in Austria all because some European countries are shutting gates/borders of their countries to refugees!

It is my conviction this is the greatest global collective shame today. I call upon the UN Secretary General to mobilise the human race to at least begin conversations to eliminate the human suffering. Europe has a moral burden and so does Qatar, UAE, Saudi Arabia, Iran and other countries to provide the resources and the wherewithal to relief the suffering of fellow human beings. What we are seeing today is nothing but a manifestation of man’s inhumanity to man.We must stop keeping quiet and stand up for the refugees!

Kenya has been host to refugees and asylum seeks from Burundi, Rwanda, Uganda, South Sudan and Somalia. Kenya therefore continues to discharge its international obligation as a haven for refugees. I hope and plead with fellow Kenyans of good will to learn from what is happening in the Middle East and Europe and resolve to follow the examples of our athletes who have demonstrated to the world at the recently concluded World Athletics Championship, in Beijing that Kenya is a drum major for global championship in the best of human kind and are committed to live in peace.

We must hurt for and care for each other. Our potential is insatiable to be the best country in the world where every Kenyan born and unborn including foreigners and refugees can and must call home.

The writer is an advocate of the High Court of Kenya