An Advocate’s Appeal to UNHCR’s RSD for Ogaden Refugee Community Asylum-Seekers in Kenya

November 7th 2011

Reference number COM-11-0450 UNHCR Geneva Office

The Ogaden Refugee Community from Ethiopia was recognized under UNHCR Mandate in Kenya and all over the worldwide because of well-founded fear of persecution for reasons of supporter in a particular social group and political opinion, and unable or afraid to return to that country.” Ethiopia" because of
The struggle of the People of Ogaden and the aim of their movement is to obtain the right of self-determination, rather than a struggle aimed at realizing the identity of a nationality. This is because Ogaden has never been historically or politically part of Ethiopia.


The revolution of the People of Ogaden is based upon their absolute rejection of the unauthorized disposition of their territory by the British Government; and subsequently on their constant appeals to obtain the right of self determination based on the principle that the people of Ogaden alone reserve the right to determine their political future.
It is moreover based on the charter of the United Nations and its resolutions, which call for the elimination of colonialism and on the declaration of the General Assembly of the United Nations in 1960; and on the sixth principle supplemented to the United Nations Charter regarding the elimination of colonialismIn the coming weeks,

Therefore UNHCR Conducted Refugee Status Determination (RSD) to Ogaden Refugee Community Asylum-seekers apart form other Ethiopian Communities i.e.; Ormo, Amhara Gambella and also others specifically directed at its own offices that set to Ogaden Asylum seekers in Six month to One year for refugee status determination (RSD) procedures.

This procedures will be UNHCR’s most important response so far to growing criticism of the way it conducts RSD in around UNHCR Kenya eligibility offices .The strongest criticism has been that UNHCR RSD procedures are unfair, sometimes to the point of being Ogaden Asylum-seekers are rejected without being told why, without being able to see the evidence used against them, without access to an independent appeal system, and sometimes with UNHCR resisting their access to independent legal advice and representation.

The first is the right to an independent appeal. We know that UNHCR has long required those appeals be handled by a different person than the staff member responsible for the initial rejection. But appeals are still usually read by a close colleague of the person who made the first decision, working under the same supervisor, and often literally in the same room.
What should Dr. Mohamed  advocates look for in this Procedure?

• We Ogaden have never been historically or politically part of Ethiopia.
• We have said so far concerns how UNHCR carries out refugee status determination.
• We know that UNHCR is the largest refugee status decision-maker in the world, that’s the most urgent problem.
• We have seen Ogaden Asylum-seekers are under discrimination excluding other asylum-seekers.

RSD procedures should be that UNHCR will try to lower the bar rather than improve its performance.
We should work with UNHCR to change a long term strategy governing when, where, and why UNHCR should undertake RSD in the first place.

Dr. Mohamed recommend and urges to UNHCR , DRA (Department of Refugee affairs in Kenya ) and
other institution to re-affirm its commitment to basic standards for refugees neutrality impartiality, an equal right and non-discriminative access to Ogaden Refugee Asylum-seekers.


Dr. Mohamed
Ogaden Refugees Rights Activists
Former Ogaden Chairperson Of
Ogaden Refugee Community [ORC] Kenya