1. INTERNAL DISPLACEMENT IN KENYA: Situational Context, Challenges and Recommendations UNHCR – NGO Consultations By: Lucy W. Kiama, Executive director Refugee Consortium of Kenya Geneva| June 2014

2. About Refugee Consortium of Kenya(RCK) 2 RCK is a NNGO that works to promote and protect the rights and dignity of refugees, IDPs and other forced migrants in Kenya. Core Programmes Legal and Social Justice (LSJ) – legal counselling; representation in courts of law; legal representation during RSD process; psychosocial counselling & community based protection monitoring Advocacy and Capacity Enhancement – Policy influence; capacity enhancement of state and non-state actors; protection monitoring along IDP hosting areas. Information and Research – conduct research on topical issues and documentation of emerging protection concerns

3. Situational Displacement Context 3 During the 2007-08 Post-Election Violence(PEV) 663,921 people were displaced, 78,254 houses were destroyed country wide and 1,300 lives were lost, 640 IDP households fled to Uganda, At the beginning of the violence 350,000 IDPs sought refuge in 118 camps while 313,921 IDPs were integrated among various communities in the country. A large majority of the displaced were women and children

4. Displacement Trends Post PEV 4 Conflict induced displacement in Moyale County – sporadic fighting between Boranas, Burjis and Oromos has been ongoing since July 2013; Forceful Evictions from forest e.g. the indigenous persons (Sengwer) living in Embobut forest (January 2014); Flooding in Baringo county – 822 households affected (more than 2,000 persons internally displaced – August 2013 (Source: NDMA Rapid Flood Assessment Report); Drought forecast for Turkana county – 30,000 pastoralists reported to have already migrated with their animals to neighbouring Uganda (Source: Practical Action March 2014);

5. Legal & Policy Framework 5 IDP Act, 2012 - enacted on 31 st December 2012 Challenges: slow implementation of the Act; New Government’s de facto policy that there are no longer IDPs in the country National Policy on Internal Displacement was approved by the former Cabinet but not yet passed by the National Assembly Draft Evictions & Resettlement Bill Not yet acceded to the Kampala Convention

6. UNHCR Operational Strengths 6 UNHCR played a key role in the process of development of the IDP Act, 2012 and the Policy Facilitation of a technical expert from the Office of UN Special Rapporteur on the Human Rights of IDPs – who provided technical expertise in drafting the IDP Policy, harmonizing it with the IDP Bill, ensuring that it entrenches human rights frameworks and meets international standards; Facilitating Country Mission of the UN Special Rappoteur on Human Rights of IDPs SR assisted to reinforce to the Government on the need to continue prioritizing pursuit of durable solutions for IDPs (country mission in 2011), adding an international voice to process of development of the policy in Kenya Financial support to Kenya National Commission for Human Rights(KNHCR) as the co-chair of the PWGID Support contributed to the establishment of field based PWGIDs (Nakuru, Eldoret, Kitale)

7. UNHCR Operational Gaps 7 Reduced budgetary allocation to the IDP pillar –in Kenya; Limited number of UNHCR personnel ( only 1 staff) to follow up on IDP issues in the country; Unsustained engagement with the Government on the implementation of the IDP Act, 2012 and adoption of the National IDP Policy; Lack of sustained leadership within the humanitarian cluster on IDP issues in Kenya Not linking humanitarian action to development initiatives as a build up to durable solutions for internal displacement

8. What If UNHCR Provisional Guidance Note was present before the 2007/08 Post Election Violence in Kenya 8 UNHCR would have adequately prepared for the potential displacement Preparation of a Contingency Plan within the framework of the Humanitarian Country Team (HCT) Educated both state and non-state actors on prevention, protection and assistance of internally displaced persons; “Promoting state responsibility” is one of the Note’s Principles of Engagement. Internal displacement in Kenya is a historical issue. UNHCR thus would have engaged with the Government of Kenya to address the different displacement situations e.g. 1992/97 ethnic clashes; flooding and forest evictions.

9. What If UNHCR Provisional Guidance Note was present before the 2007/08 Post Election Violence in Kenya 9 Guidance Note would also have enabled UNHCR to prioritise key protection gaps in the Kenyan IDP programme Example: UNHCR would have supported the Government to develop and implement a comprehensive profiling system of IDPs (including those in non-camp settings); Setting up and enhancement of community-based structures/approaches that are responsive to age, gender and diversity Guidance Note would also have assisted UNHCR to ensure it disengages strategically of its CCCM responsibilities “Despite the good work done in this area[CCCM], a policy and operational gap, however remains in relation to closure and clean up of the camps” UNHCR PDES evaluation report, 2008 UNHCR as cluster lead of the CCCM ought to have done more to ensure that closure of the various camps was coordinated well with Kenya Red Cross and that all IDPs were facilitated with appropriate durable solutions

10. Recommendations 10 1. UNHCR should consider increasing funding and adding the number of personnel coordination its IDP work in Kenya; 2. Provide sustained engagement with the Government to implement the IDP Act, adopt the IDP policy and accede to the Kampala Convention to ensure that Kenya has a comprehensive policy framework for addressing the internal displacement issues 3. UNHCR should continue to provide financial support  to Kenya National Commission on Human Rights – to continue with its chair role for the PWGID To NGOs, e.g. RCK to conduct strategic lobbying and advocacy with the new National Assembly to push for the adoption of National IDP policy.

11. Recommendations 11 4. UNHCR should facilitate creation of a linkage with development partners so as to conceptualize and facilitate sustainable durable solutions for IDPs and affected communities; 5. UNHCR should also provide the Government with appropriate knowledge to perform timely and appropriate profiling for IDPs in Kenya. 6. UNHCR’s to consider giving proper guidance/definition of non-camp IDPs, e.g. integrated IDPs, urban IDPs - and what sort of protection and assistance should be accorded to them

12. 12 THANK YOU