UN REPORT RELEASED ON INVESTIGATION INTO ALLEGATIONS OF REFUGEE SMUGGLING; NINE INDIVIDUALS ARRESTED BY KENYAN AUTHORITIES

UN REPORT RELEASED ON INVESTIGATION INTO ALLEGATIONS OF REFUGEE SMUGGLING;

NINE INDIVIDUALS ARRESTED BY KENYAN AUTHORITIES

The United Nations Office of Internal Oversight Services (OIOS) has completed an international investigation into allegations that refugees in and around Nairobi were asked to pay bribes to obtain registration and resettlement documents from the Office of the United Nations High Commissioner for Refugees (UNHCR)branch office in Nairobi.

The details of the investigation are being released today in an OIOS report (document A/56/733). The Under-Secretary-General for Internal Oversight Services, Dileep Nair, the Deputy High Commissioner for Refugees, Mary Ann Wyrsch, and Senior Investigator Francis Montil of the OIOS will present the report at a joint press briefing at the Palais des Nations in Geneva.

Kenya is home to more than 250,000 asylum seekers and refugees, mostly from the neighbouring countries of Somalia, Sudan and Ethiopia, as well as from Rwanda and other African countries, housed primarily in camps operated by the UNHCR at Kakuma and Dadaab. In October 2000, the UNHCR requested the assistance of OIOS’ Investigations Divisionin looking into the allegations of refugee smuggling in Nairobi.

After an initial assessment, the OIOS formed an international task force made up of specially trained investigators in refugee law from Australia, Canada, Kenya, United Kingdom and the United States and led by investigators from the Investigation Division of the OIOS.

Despite threats made against its members, the task force in three months produced evidence of a criminal enterprise involving nationals of several countries, which was operating in Kenya to acquire millions of dollars in profit by taking advantage of refugees.  To date, Kenyan authorities have arrested nine individuals:  three UNHCR staff members, two members of an affiliated non-governmental organization, and four others who operated the criminal enterprise.

Criminal charges are pending in Kenya against the nine arrested.  Charges include:  (i) conspiracy to threaten to kill the American ambassador and the UNHCR representative, among others, and (ii) cheating by demanding money from refugees. OIOS investigatorsand the Inspector General of the UNHCR continue to pursue the cases uncovered by the investigation with the Criminal Investigation Division of the Kenya Police.

The report's 12 recommendations urge the UNHCR to change its management structure in Kenya; provide targeted information on refugee rights; establish a complaints procedure; conduct random spot checks of refugee interviews and interpreter services; establish a systematic register of claims; and examine other UNHCR refugee operations to prevent similar criminal activity.

Since June 2001, UNHCR senior management has taken substantial measures to correct the management failings and improve the refugee operations.  However, the OIOS points out that the situation in Kenya that led to the refugee-smuggling enterprise exists in other countries with large refugee populations and will appear wherever the demand for resettlement by refugees exceeds the ability or willingness of governments to take them.

During the investigation, the senior management of the UNHCR initiated actions to redress the situation in Kenya and started a review of its procedures in refugee status determination and resettlement globally.  The UNHCR is implementing lessons learned, including strengthening its accountability, management and performance and improving its oversight and investigation capacity.

For further information on the report, please contact Elizabeth Danseco of the OIOS at (212) 963-8780.

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