Refugee Protection in Multi-level Governance Regimes: A Case for Kenya and Indonesia

Abstract

In Indonesia, Presidential Regulation No. 125 of 2016 concerning the management of asylum seekers, signed by President Joko Widodo on the last day of 2016, formalizes the role of sub-national units in refugee management, including providing appropriate, non-custodial accommodation. In Kenya, the recently enacted Refugee Act of 2021 alludes to the engagement of the County Governments in Refugee protection. This study examined the status of refugees within a multi-layered governance system, focusing on the legal framework through a comparative analysis of local government structures in the chosen states. The Article compares the decentralization adopted in these two refugee-hosting countries in establishing local government formation responsive to asylum seekers' plight.  The results show that the role of local governments in refugee protection is crucial to the effective and sustainable management of displaced populations when equipped with adequate resources, clear guidelines, and robust institutional capacity.