VZCZCXRO0343
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 
 
¶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