This paper draws upon the findings of IDMC’s analysis of normative frameworks relating to internal displacement in Kenya, a research project we conducted between February and June 2015 with the help of international and national institutions and civil society organisations working to respond to the phenomenon.
The project aimed to identify gaps and inconsistencies in the country’s laws and policies, and other possible challenges to implementation.
It culminated in a workshop held with our parent organisation, the Norwegian Refugee Council (NRC) in Nairobi in June, in which participants provided feedback on our analysis and recommendations. Organisations supporting the project included Amnesty International, the Danish Refugee Council, the German development agency GIZ, the Haki Centre, the Internal Displacement Policy & Advocacy Centre, the International Rescue Committee, the Kenya National Bureau of Statistics (KNBS), the NGO Kituo Cha Sheria, the Kenya National Commission for Human Rights (KNCHR), the Refugee Consortium of Kenya, the Regional Durable Solutions Secretariat, the UN Office for the Coordination of Humanitarian Affairs (OCHA), the UN Refugee Agency (UNHCR) and the Office of the UN Special Rapporteur on the human rights of internally displaced persons.
This paper examines three main areas of action that Kenyan institutions should take in order to ensure an effective response: ratification of the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa, known widely as the Kampala Convention; adoption of the country’s draft policy on internally displaced people (IDPs) and implementation of its internal displacement act.1 It highlights challenges that in the long run could derail the progress made so far, and makes clear recommendations for overcoming them.
The analysis also identifies areas where different normative frameworks, already in place or in the making, especially those that are to govern disaster and land management, are not coordinated and may clash. Lack of harmonisation of the normative instruments considered is particularly evident in relation to use of different categories and notions not in line with the IDP definition, identification of responsible authorities and allocation of budgets. The paper looks at the potential for these shortfalls to undermine some of the guarantees enshrined in the internal displacement act, and the need to ensure that the newly created National Consultative Coordination Committee (NCCC) operates effectively and in harmony with national and local government institutions, UN agencies and civil society organisations.