From Responsibility to Response: Assessing National - Brookings

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CHAPTER 2 Case Studies: Georgia, Kenya, Afghanistan and Sri Lanka In October 2009, through the Ministry for Lands, the government produced the Evictions and Resettlement Guidelines, which outline safeguards against arbitrary eviction or dislocation of populations without procedural protections identified by the UN Committee on Economic, Social and Cultural Rights. The Task Force that developed the guidelines adopted the draft in March 201. 9 The National Land Policy (2009) recommends measures to protect the rights of both informal settlers and land owners from forced evictions. The land management guidelines outlined in the National Land Policy are consistent with the new constitution. 10 The Constitution also provides a comprehensive Bill of Rights, including the right to housing. 11 It obliges the government to respect the Bill of Rights to prevent all forms of human rights violations, including arbitrary displacement. The Ministry of Justice, National Cohesion and Constitutional Affairs, in collaboration with the Kenya National Commission on Human Rights (KNCHR), developed the draft National Policy on Human Rights (2010) to provide a comprehensive framework to protect and promote the realization of the human rights of all Kenyans. 12 The draft policy, which adopts a rightsbased approach to development, recognizes that the primary responsibility for human rights of all citizens lies with the state. Specifically, it recognizes IDPs as a human rights concern and obliges the government to domesticate and implement the Great Lakes Protocol on the Protection and Assistance to Internally Displaced 9 Administrator, ‘Taskforce Approves Eviction and Resettlement Guidelines’ http://www.esrc-hakijamii. com/index.php?view=article&catid=34%3Anew s&id=90%3Atask-force-approves-eviction-andresettlement-guidelines&format=pdf&option=com_ content&Itemid=53 10 Ch. 5 of the Constitution. Interview with Program Officer- Advocacy, Kenya Human Rights Commission who is also a member Protection Cluster, 22 January 2011. 11 Interview with the director, Hakijamii Trust, 20 November 2010. 12 The draft policy has yet to be debated by the Cabinet. Interview with the director, Adili Consulting, 16 February 2011. 234 Persons and the Kampala Convention and to ensure prompt resettlement of and/or adequate compensation for IDPs. 13 In September 2009, the government unveiled the draft National Policy on Peace-Building and Conflict Management. The policy provides for peaceful resolution of disputes and notes that coordinated and consistent response to IDPs is a critical part of post-conflict recovery. 14 The government has also developed a peacebuilding curriculum for primary schools, which has been piloted in several schools in Nairobi and in two regions affected by the post-election violence. 15 The government became a signatory to the Great Lakes Pact and its protocols in 2006. 16 The Great Lakes Protocol on the Protection and Assistance to Internally Displaced Persons commits member states to “prevent and eliminate the root causes of displacement.” 17 It further commits member states to adopt and implement the Guiding Principles on Internal Displacement, 18 ar- 13 Government of Kenya, “Draft National Policy on Human Rights,” 2010, p. 25. 14 Draft National Policy on Peace-Building and Conflict Management, 2009, p. 38. The peace policy is still a draft that has yet to be debated by the Cabinet and Parliament. 15 Interview with a senior official at the Ministry of Education, 8 December 2010; interview with the director, Nairobi Peace Initiative-Africa, 26 January 2010; interview with UNDP Early Recovery Cluster representative, UNDP, 29 October 2010. 16 The pact comprises five elements: the 2004 Dar es Salaam Declaration on Peace, Security, Democracy and Development, ten Regional Protocols (two of them specific to displaced persons), Regional Programs of Action, the Special Reconstruction and Development Fund, and a Regional Follow-Up Mechanism. See Prisca Kamungi and Jaqueline Klopp, ‘The Challenges of Protecting the Internally Displaced through IC/GLR” (www.columbia. edu/~jk2002/publications/KKlopp08b.doc). 17 Great Lakes Region, Protocol on the Protection and Assistance to Internally Displaced Persons, 30 November 2006, Article 6 (www.brookings.edu/fp/projects/idp/ GreatLakes_IDPprotocol.pdf). 18 Jaksa Brigitta and Jeremy Smith, “Africa: From Voluntary Principles to Binding Standards,” Forced Migration Review,
Kenya National Response to Internal Displacement: Achievements, Challenges and Lessons from Kenya ticles 5–9 of which call on states to prevent and avoid conditions that might lead to displacement. The government has an elaborate and effective early warning and early response mechanism. It is signatory to the Conflict Early Warning and Early Response Network (CEWARN) Protocol of the Inter- Governmental Authority on Development (IGAD). 19 The national chapter of CEWARN is coordinated by the Conflict Early Warning and Early Response Unit (CEWERU) in the Office of the President. These mechanisms are mainstreamed within the Provincial Administration and complement existing intelligence systems. 20 CEWERU has organs dealing with cross-border conflicts and natural disasters, such as the National Disaster Operations Center. In addition to the IGAD initiative, the government has its own national CEWARN, coordinated by the National Steering Committee on Peace-Building and Conflict Management (NSC) and a network of District Peace Committees (DPCs). The NSC brings together representatives from government, the UN, foreign missions, research institutions and civil society. It coordinates early warning and early response efforts through members of the early recovery cluster and a network of field monitors who issue situation reports, incident reports and alerts. 21 The District Peace Committee brings together a number of actors involved in detecting displacement, including the Provincial Administration and the District Security Intelligence Committee. The government is in the process of establishing a tertiary institution for training in disaster December 2008, p. 18. 19 Inter-Governmental Authority on Development, Protocol on the Establishment of a Conflict Early Warning and Response Mechanism for IGAD Member States, January 2002. 20 The Provincial Administration is a hierarchical governing structure comprising administrative officers from the Office of the President at the top to the village chief and elders at the community level. 21 Interview with senior staff at National Steering Committee, 9 February 2011; interview with Conflict Early Warning and Early Response Network representative at Africa Peace Forum, 14 November 2010 235 management. 22 The institution will be open to government employees and members of the public. Several joint government-UN-NGO conflict-mapping initiatives have been implemented since 2008, most of which rely on mobile phone technology and the Internet. 23 In July 2010, the Kenya National Commission of Human Rights, UN Children’s Fund (UNICEF) and the UN Office for the Coordination of Humanitarian Affairs (UNOCHA) deployed field monitors across the country as part of their early warning mechanism ahead of the August 2010 referendum on the Constitution. The joint initiative also established coordination offices in areas considered “hot spots of violence,” such as the Rift Valley and western provinces. The coordination centers are mandated to respond to any incidents of violence while the monitors are to look out for issues such as family separation and tracing of missing persons, denial of access to assistance and provision of assistance or services, forced movement, sexual and gender-based violence (SGBV) and loss and/or destruction of personal documents and property. 24 Following the political violence that engulfed Kenya after the disputed December 2007 general election, the two main parties—the Party of National Unity and the Orange Democratic Party— signed an agreement on February 28, 2008 agreeing on a number of steps to address the crisis. The mediation by the African Union Panel of Eminent African Personalities under the chairmanship of Kofi Annan resulted in the parties signing the ‘Agreement on the Principles of Partnership of the Coalition Government,’ which paved the way for the enactment of the National Accord and Reconciliation Act 2008. Under the Kenya 22 Interview with a senior government official, National Steering Committee,9 February 2011 23 These were most visible during the 2010 constitutional referendum campaigns—for example, Uwiano Platform for Peace. Kamungi Prisca and Okello Julius, Strengthening Democratic Governance through ICT: Post-Election Reconstruction in Kenya (forthcoming, February 2012 Africa Peace Forum, 2011); interview with program officer, PeaceNet, 18 December 2010. 24 Minutes of Eldoret Protection Working Group, 28 July 2010.
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The Brookings Institution - London
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From Responsibility to Response: As
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CONTENTS Acronyms .................
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ACRONYMS AIHRC Afghanistan Independ
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FOREWORD It is with great pleasure
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ACKNOWLEDGMENTS Given the large num
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It is a central tenet of internatio
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legislation relevant to IDPs. Still
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amend existing ones, in line with t
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Background and Aims of the Study In
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displacement persists for several y
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operationalizing the responsibiliti
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Therefore, it is not surprising tha
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Azerbaijani, Chinese, French, Portu
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National Initiatives In Iraq, IOM p
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of the country. 62 In addition, six
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in French and Spanish depending on
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serves only to supplant and absolve
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CHAPTER 1 Assessing National Approa
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Benchmark 1 Benchmark 1 Prevent Dis
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Benchmark 1 Prevent Displacement an
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Benchmark 2 Raise National Awarenes
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Conclusion Benchmark 2 Raise Nation
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Benchmark 3 Data Collection on Inte
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—Current location and location of
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its registration rolls intra-urban
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and profiling of three types of IDP
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the government of Afghanistan under
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Benchmark 4 Training on the Rights
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actions of DRC authorities and nong
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the provision of technical support
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Justice, National Cohesion and Cons
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February 2010; one outcome of the t
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Benchmark 5 Ensure a Legal Framewor
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Conclusion Benchmark 5 Ensure a Leg
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Benchmark 6 Develop a National Poli
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Benchmark 7 Designate an Institutio
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not necessarily influence such chan
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Institutional mandate and responsib
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this body include preparing “stra
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lead state agency may turn to other
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a division of functions being made
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Benchmark 8 Benchmark 8 Support NHR
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Benchmark 8 Support NHRIs to Integr
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Benchmark 9 Facilitate IDPs’ Part
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The process of participation is gen
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Georgia represents an especially in
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about the national policy. 16 Sudan
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and reinforce durable solutions. 27
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was 12 million, or 62 percent of th
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displacement. 52 In the run-up to t
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vote is by no means consistent (for
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Benchmark 10 Establish the Conditio
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Benchmark 11 Allocate Adequate Reso
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also ordered the National Council f
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In Sri Lanka, 16 it is difficult to
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Conclusion As indicated in the intr
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Benchmark 12 Cooperation with Inter
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North Darfur, Sudan/ A woman collec
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CHAPTER 2 Case Studies Georgia, Ken
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Georgia From Solidarity to Solution
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Georgia From Solidarity to Solution
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Sri Lanka Gaps in the Government Re
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Domestic Financing Foreign financin
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This study seeks to shed light on h
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CHAPTER 3 Translating National Resp
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For each country case study, the ex
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5 6 Ensure a Legal Framework for Up
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9 9 a) Facilitate IDPs’ Participa
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12 Cooperate with International Com
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