From Responsibility to Response: Assessing National - Brookings

Benchmark 8 Support NHRIs to Integrate Internal Displacement into Their Work
from donors rather than on funds in the office’s regular
annual budget.
The Kenya National Commission on Human Rights
(KNCHR) was established in 2002 through the Kenya
National Commission on Human Rights Act, which
became operational in July 2003 when the president appointed
nine commissioners. 34 KNCHR’s mandate is to
enhance the promotion and protection of human rights.
The commission’s activities are independent of government
direction, although it draws its finances from the
Treasury. 35
The KNCHR focused on the human rights situation of
IDPs before and after the 2007-2008 election violence.
In 2009, the commission recognized IDPs as an important
human rights concern and designated a focal point
and staff dedicated to IDP issues. It established regional
offices and a network of field monitors and is also working
in concert with other organizations concerned with
IDPs. 36 Its activities include monitoring the government’s
response to IDPs, investigating cases of human
rights violations, advising government institutions, and
promoting rights awareness among IDPs and government
authorities. 37 It visits IDPs in camps and other settings
as well as at return sites to monitor their progress
and to determine whether their rights are being respected.
In 2009, the KNCHR released a report showing that
millions of shillings from the Humanitarian Fund meant
for IDPs had been embezzled. 38 Following investigations
34 KNHRC, “Public Accountability Statement for 2006–2008:
Statement of Successes and Challenges” (www.knchr.org/
index.php?option=com_docman&Itemid=&task=doc_
download&gid=21).
35 See the case study on Kenya, in chapter 2 of this volume.
36 Interview with a KNCHR commissioner, 26 January 2011.
37 KNCHR, Strategic Plan 2009–2013, launched 28 January
2010 (www.knchr.org/index.php?option=com_
docman&Itemid=&task=doc_download&gid=41).
38 KNCHR, “Outcome of KNCHR Assessment of GOK
Resettlement Program of IDPs and Corruption
Allegations,’ press release, Daily Nation, 2 December
2009;also see South Consulting, December 2009 Status of
Implementation Report, p. 29 (www.kenyadialogue.org).
105
into the Kenya situation by the International Criminal
Court in 2010, the KNCHR advocated for an effective
witness protection program to protect witnesses,
some of whom are IDPs. 39 KNCHR plays a large and
important role in protecting and promoting the human
rights of IDPs and holding the government accountable
through its advocacy work. 40
The KNCHR is obligated to submit an annual report
to the National Assembly that includes an “overall assessment
of the performance of the government in the
field of human rights” and of KNCHR’s achievements
and challenges. 41 In its 2009–13 strategic plan, KNCHR
reported that among its main challenges in carrying out
its mandate is limited physical access across the country
and adequate staffing. 42 From 2009, it began to boost
its internal capacity to address internal displacement
through engagement of permanent staff and a network
of field monitors, and it moved away from ad hoc to sustained
activities. IDP issues are now an established part
of the work of the commission. 43 While its initial focus
was on those displaced by the election violence of 2007,
its broader response under the Economic, Social and
Cultural Rights Programme is looking at all the causes
of displacement as articulated in the draft national IDP
policy. 44 The KNCHR was an important actor in the
development of the government’s draft IDP policy, and
39 Interview with a KNCHR commissioner, 26 January 2011.
40 IDMC, Kenya: No Durable Solutions for Internally Displaced
Yet, December 2008 (www.internal-displacement.org).
41 KNCHR produces two reports, the Status of Human
Rights Report and an accountability report, the Annual
Report of the Commission. Since its inception, the KNCHR
has produced three status of human rights reports and
submitted an annual report to the Minister for Justice,
who is supposed to present it to the National Assembly for
debate. No annual report has ever been discussed by the
National Assembly. The KNCHR does not know why the
reports have not been discussed, but it has continued to
submit its reports. Interview with deputy secretary of the
KNCHR, 21 January 2011.
42 KNCHR, Strategic Plan 2009–2013.
43 Interview with human rights officer, KNCHR, 26 January
2011.
44 Ibid.