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Kenya ’ s Encampment Case

This analysis by Jessica Therkelsen explores the impact of Kenya’s encampment case on refugee rights and protections both regionally and globally. It discusses "impact litigation" as a strategic legal approach to drive social change for victims of human rights abuses. The piece outlines the historical context, risks involved, and the roles of various stakeholders, including judges, legal aid organizations, and NGOs, in effectively advocating for vulnerable populations. It sheds light on the critical need for training in international and domestic refugee law to enhance the judiciary’s effectiveness.

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Kenya ’ s Encampment Case

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  1. Kenya’s Encampment Case Implications for Regional and Global Refugee Protection Jessica Therkelsen, Esq. August 19, 2013

  2. Defining Impact Litigation A litigation method that can cause significant changes in law, practice or public awareness by bringing carefully-selected cases to court.

  3. Defining Impact Litigation The plaintiff(s): victims of human rights abuses that are suffered by many other people. Impact litigation focuses on an individual case in order to bring about social change for a larger group.

  4. Litigation Shapes our World US Supreme Court: • Desegregation of schools • The right to marry a person of another race • The right to defense counsel for the indigent

  5. Background &Timeline

  6. Larger Implications • When and how to effectively use litigation • Considerations and risks • Roles of various stakeholders • Necessary training and capacity building

  7. When is Litigation Useful • Stopping human rights violations • Protecting vulnerable populations • Instilling a human rights discussion into political decision making

  8. Risks of Impact Litigation

  9. Risks • Generating “bad” law • Generating result that shifts behavior to a different, possibly worse outcome • Creating a permanent adversarial relationship with a government

  10. Considerations • Is there a strong judicial system in place? • Have alternatives to litigation been explored? • Do judges, lawyers and other litigation participants have the training to analyze and apply international refugee and human rights law?

  11. Important Roles

  12. Important Roles

  13. Training and Capacity • Judges • must understand and know how to apply international, regional and domestic refugee/human rights law • Legal aid NGOs or pro bono attorneys • must have a strong grasp on refugee/human rights law • need the support of other NGO and IGO actors

  14. Litigation Roundtable Participants • Daly & Associates, Hong Kong • Immigration and Refugee Rights Clinic, College of Law and Business, Israel • Lawyers for Human Rights, South Africa • Refugee and Immigration Legal Centre, Australia • HIAS, Ukraine • Asylum Access, Ecuador

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