From Responsibility to Response: Assessing National - Brookings

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CHAPTER 2 Case Studies: Georgia, Kenya, Afghanistan and Sri Lanka firmed by the draft policy, which states, “The Ministry of Special Programmes is the national institutional focal point for internal displacement within government.” 82 According to the draft policy, the primary role and responsibility of MoSSP is “policy implementation and coordination of implementation efforts with its branches and other relevant government stakeholders at the regional and local level, and other relevant ministries and government entities in accordance with their respective ministerial responsibilities, the Kenya National Commission on Human Rights (KNCHR), IDPs, civil society and the international community.” The ministry is also mandated to ensure that effective coordination of efforts take place at the regional and community level, to monitor and evaluate implementation and to develop guidelines on internal displacement in collaboration with other ministries. In response to the displacement following the 2007- 2008 post-election violence, the MoSSP established the Department of Mitigation and Resettlement with the role of resettling post-election violence IDPs and offering counselling and assistance to restore their lives. 83 The department is responsible for implementing the mandate of the National Humanitarian Fund for Mitigation of Effects and Resettlement of Victims of post-2007 election violence, which was established in January 2008 to fund the resettlement of IDPs. The fund is also meant to support measures to replace destroyed household effects, services to restore livelihoods, reconstruction of basic housing, and rehabilitation of community utilities and institutions. 84 (www.communication.go.ke/media.asp?id=635). 82 Government of Kenya, Office of the President, Ministry of State for Special Programs, National Policy for the Prevention of Internal Displacement and the Protection and Assistance to Internally Displaced Persons in Kenya, Final consolidated draft (24 March 2010), p. 12. 83 OCHA Kenya, “Frequently Asked Questions on IDPs in Kenya,” February 2010 (http://reliefweb.int/node/344084) 84 MoSSP, National Humanitarian Fund (www.sprogrammes. go.ke/index.php?option=com_content&task=view&id=2 71&Itemid=167). 244 The draft National Policy for the Prevention of Internal Displacement and the Protection and Assistance to Internally Displaced Persons in Kenya recognises that the MoSSP works with a number of other ministries responsible for addressing issues related to internal displacement, such as human rights, justice, security, foreign affairs, lands, education, environment, social protection and support, health, disaster management and relief, reconciliation, and so forth. The MoSSP works with the Ministry of Lands to identify and purchase land for resettlement of IDPs and with the Ministry of Home Affairs to address child protection issues. 85 These ministries are key players in Protection Working Group at the national level (Nairobi) and in the field (Nakuru and Eldoret). The PWG meets once a month. The MoSSP also works to prevent and mitigate the effects of displacement due to natural disasters, particularly those caused by drought, famine, fires and landslides. It distributes food relief monthly to affected districts and provides emergency shelter. 86 The Kenya Red Cross Society, established under the Kenyan Red Cross Society Act, is the government’s main actor in this respect. The particular role of the Kenyan Red Cross is also reflected in the institutional part of the draft national IDP policy. The Crisis Response Centre and the Interim Coordinating Secretariat in the Office of the Prime Minister reinforce institutional response to natural disasters and forest evictions. 87 Due to the lack of human and financial capacity, the MoSSP is dependent on the Ministry for Provincial Administration to carry out resettlement program activities at the local level. Its technical capacity has been greatly enhanced by collaboration with the Protection 85 OCHA Kenya: “Frequently Asked Questions on IDPs in Kenya.” 86 MoSSP, “Relief and Rehabilitation, Programmes and Activities,” (www.sprogrammes.go.ke/index.php? option =com_content&task=view&id=255&Itemid=140); MoSSP, National Disaster Response Plan (http://ochaonline.un.org/ OchaLinkClick.aspx?link=ocha&docId=1160526). 87 Persons who have illegally encroached on forestlands and other protected areas are removed.
Kenya National Response to Internal Displacement: Achievements, Challenges and Lessons from Kenya Working Group. Since mid 2010, the MoSSP has taken measures to enhance its own capacity; for instance, regional offices have been established in Nakuru, Eldoret and Nyandarua. 88 Nonetheless, there is concern that poor coordination between the MoSSP and other ministries, particularly the Ministry of Provincial Administration and the Ministry of Lands, hinders the effectiveness of its programs and activities. 89 There is also concern that the mandates of the MoSSP and the Humanitarian Fund are restricted to the post-2007 election violence IDPs, excluding other categories of IDPs. 90 IDPs are able to engage and dialogue with the MoSSP directly at the ministry headquarters and at lower-level offices as well as at Protection Working Group meetings where other line ministries are also represented. The regional PWG meetings are chaired by the District Commissioner, who has the authority to respond to IDPs’ protection and assistance needs at the district level. As noted above, IDPs may petition the MoSSP directly or through human rights NGOs, most of which are members of the Protection Working Group 8. Support NHRIs to Integrate Internal Displacement into Their Work The government supports the efforts of the national human rights institution, the Kenya National Commission on Human Rights (KNCHR), to integrate internal displacement into its work. 91 KNCHR is a constitutional body established in 2002 through the Kenya National Commission on Human Rights Act, and it became operational in July 2003 when the president 88 Interview with senior official at the MOSSP, January 2011. 89 KHRC, “Out in the Cold: The Fate of Internally Displaced Persons in Kenya,” December 2009 (http://2logicstudios. com/khrc/1/content/khrc/1/images/2009-12/Binder1. pdf). 90 Interview with human rights officer at KNCHR, January 2011; see Agenda 2 of South Consulting reports, (www. kenyadialogue.org). 91 National Human Rights Institutions Forum, Kenya (www. nhri.net/NationalData.asp?ID=95). 245 appointed nine commissioners. 92 KNCHR’s mandate is to enhance the promotion and protection of human rights. 93 The commission draws its finances from the Treasury, but its activities are independent of government direction. 94 The 2010 Constitution provides for its financial independence, and the commission will now draw resources from the Consolidated Fund at the Treasury. 95 KNCHR focused on the human rights situation of IDPs before and after the 2007 political crisis. Even though the government did not expressly recognize the presence of IDPs until the 2007 crisis, KNCHR was working to raise the profile of IDPs. For instance, advocacy efforts culminated in the 2004 visit by the UN Special Rapporteur on Adequate Housing, 96 who described the situation of IDPs in Kieni Forest as a “humanitarian crisis and recommended assistance programmes.” 97 The Kenya National Commission on Human Rights also highlights broader issues that cause displacement and cause it to become protracted. 98 In 2009, the commission recognized IDPs as an important human rights concern and designated a focal point and dedicated staff to work on IDPs. It established regional offices and a network of field monitors. It is working in concert with other organizations 92 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). 93 KNCHR, “About Us,” (www.knchr.org/index.php?option =com_content&task=blogsection&id=4&Itemid=14). 94 Interview with a KNCHR commissioner, 26 January 2011. 95 Ibid; also Chapter 249 of the 2010 Constitution. 96 Interview with human rights officer, KNCHR, 23 May 2011. 97 UN Commission on Human Rights, “Adequate Housing as a Component of the Right to an Adequate Standard of Living,” Report by the Special Rapporteur, Miloon Kothari— Mission to Kenya, 17 December 2004. 98 Reports and special issues published in the KNCHR annual human rights journal, Nguzo Za Haki— for example, “IDPs and the Land Question in Kenya,” Nguzo za Haki (Nairobi: KNCHR, 2009).
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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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Page 211 and 212: 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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Sri Lanka Gaps in the Government Re
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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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The Brookings Institution - London
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From Responsibility to Response: Assessing National - Brookings

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