From Responsibility to Response: Assessing National - Brookings

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12. Cooperate with International Community when National Capacity is Insufficient CHAPTER 2 Case Studies: Georgia, Kenya, Afghanistan and Sri Lanka The government cooperates with the international community to respond to internal displacement when national capacity is insufficient. It invites and accepts assistance from the international community to help address the IDP problem and takes measures to ensure that international actors enjoy safe and unimpeded access to the internally displaced. The government works in partnership with UN agencies and international organizations on protection and assistance programs and to strengthen government capacity to respond to displacement. The Ministry of State for Special Programs is the coordinating institution that facilitates cooperation between the national authorities and international actors on IDP issues. 167 In January 2008, eleven UN clusters were established and began to be rolled out, including the protection, early recover and shelter clusters, which have supported the government since the emergency phase of late 2007 to early 2008. Due to lack of preparedness and capacity of the government to deal with the large number of IDPs, the clusters more or less took over the management of the IDP problem, and eventually the government raised concerns that clusters had failed to “respect the extent of national capacity and systems.” 168 In August 2008, members in coordination with the UN and line ministries revised the clusters and began to reorient their work to focus on “supporting national mechanisms for national and sub-national sector coordination.” In 2009, the clusters transitioned into “more sustainable and inclusive structures with stronger national leadership; government ministries took over as Chair of the clusters.” The former protection cluster is the current National Protection Working Group, led by the Ministry of Justice, National Cohesion and Constitutional Affairs 167 UNHCR, “Lessons Learned from UNHCR’s Emergency Operations for IDPs in Kenya,” September 2008 (www. unhcr.org/publ/RESEARCH/48e5d90d2.pdf). 168 Ibid. 256 and co-chaired by the Kenya National Commission on Human Rights and the Ministry of Special Programs. 169 In June 2008 the government collaborated with UNHCR to conduct a profiling exercise to determine the number of IDPs. The government has also worked with UNOCHA and UNDP on disaster management and information sharing and early recovery initiatives respectively. The government has sought funding from development partners, the African Development Bank and the UN, to run its IDP resettlement programs. Investigative commissions such as the Commission of Inquiry into the Post-Election Violence (Waki Commission) and the Independent Review Commission on the General Elections Held in Kenya on 27 December 2007 (Kriegler Commission) formed after the crisis have employed international expertise. In addition, reform commissions including the Committee of Experts on Constitution Review, the Truth, Justice and Reconciliation Commission and the Task Force on Police Reforms enjoyed international expertise. The Office of the Representative of the Secretary-General (RSG) on the Human Rights of IDPs provided technical expertise for the drafting of the national IDP policy. In April 2011, the government invited the new Special Rapporteur on the Human Rights of IDPs to conduct a mission in Kenya. 170 In February 2008, RSG Walter Kälin visited Kenya and met with the MoSSP, the Ministry of Justice, UN agencies, the Kenyan Red Cross, NGOs, local authorities and humanitarian organizations and visited IDP camps and transit sites for returnees. 171 He recommended that the government adopt a comprehensive IDP policy. In January 2010, a staff member from the RSG’s office was 169 IDMC, Kenya: No Durable Solutions for Internally Displaced Yet; citations from p. 13 in which IDMC references email correspondence with OCHA Kenya. 170 Remarks by Chaloka Beyani, the new RSG, at a forum with the Parliamentary Select Committee on the Resettlement of IDPs, organized by the KNCHR, in Mombasa, Kenya, 23 May 2011. 171 “Report from OHCHR Fact-Finding Mission to Kenya,” 6–28 February 2008.
Kenya National Response to Internal Displacement: Achievements, Challenges and Lessons from Kenya seconded to Kenya to give technical support to the IDP policy drafting process. The RSG Kälin revisited Kenya in March 2010 to provide his personal support to and show his appreciation of the IDP policy process. As noted above, OCHA Kenya has translated the Guiding Principles into Kiswahili. The draft IDP policy provides for a complementary system of cooperation with the international community. Chapter III, Article 20, of the draft policy provides that the Government of Kenya shall seek support and cooperate with members of the international community, including humanitarian, development and human rights actors, in the implementation of this Policy, in particular in circumstances overwhelming national capacities to provide adequate protection and assistance to internally displaced persons. Kenyan authorities allow international programs assisting IDPs in all parts of the country. International actors have unimpeded access to IDPs and return sites; they 257 do not have to deal with bureaucratic delays. The draft national IDP policy provides for rapid and unimpeded access to IDPs to actors providing protection and assistance, including through “facilitation and fast-tracking of immediate entry and direct access to all IDPs.” It also provides for free passage of humanitarian assistance through waivers of customs and taxes and the elimination of price regulations. In addition, the draft policy prohibits the diversion of humanitarian assistance by state and nonstate actors. 172 172 For the provisions mentioned in this paragraph, see Chapter III, 21(a-c) in 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),
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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 223 and 224: Georgia From Solidarity to Solution
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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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