Date of publication
Feb. 6, 2012
Document Reference #

A/HRC/19/54/Add.2

Publishing Organization
Special Rapporteur on the human rights of internally displaced persons
Document Type
Country Visit Report
Country
Kenya
Original Document
Relevant paragraphs, or extracts

2. Other multiple causes of internal displacement

13. In addition to the above, there have been various other causes of internal displacement in Kenya over the years. Some of these displacements affect relatively few people and are short lived (for example, over a few days), while others are large-scale and prolonged. Causes of these displacements include, inter alia: resource-based conflicts between communities; evictions related to development or environmental conservation projects; insecurity; urban disasters (such as fires); and natural disasters, including due to the effects of climate change.

30. Moreover, significant internal displacements have taken place despite the above initiatives, including due to inter-ethnic clashes, conflicts over land, and State-led disarmament programmes related to pastoralist communities, such as the 2009 Government disarmament operations which led to several deaths and the displacement of hundreds of people from a number of communities, and a similar operation in the Mount Elgon region in 2008, which also resulted in the displacement of thousands of persons.

37 As detailed elsewhere in the present report, displacements have also taken place as a result of development and environmental conservation projects, with evictions often being conducted without effective redress and compensation mechanisms for affected communities and without sufficient assistance or alternative durable solutions in place

 

B. Protection during displacement

2. Non-registered internally displaced persons

(b) Other categories of non-identified/non-registered IDPs

47. The Special Rapporteur is also concerned by the situation of many forest evictees, who have been displaced due to environmental conservation projects. During the country visit, he had the opportunity to visit displacement sites of IDPs who had been evicted from the Mau Forest complex in the latter part of 2009, when an estimated 12,000 people were displaced into makeshift camps in the periphery of the forest. That population is now spread over seven IDP satellite camps. In one such camp, the Tiriyta camp, with a population of approximately 868 persons, he found that people, who are largely of the Ogiek community, were living in emergency-like conditions, years after having been displaced, under worn- out tents which no longer offer any real shelter from the harsh climatic conditions, receiving small amounts of food aid at irregular intervals, and had no meaningful access to health or educational facilities. According to reports received, the conditions in the other Mau Forest IDP camps were very similar. Like the Tiriyta camp, most were isolated, and nearly inaccessible due to the lack of any adequate roads, making it extremely difficult for the IDPs to access services and assistance, and to effectively draw attention to their situation. In order to supplement food aid, women and children relied on obtaining scarce work in neighbouring farms.

48. Focused discussion groups with women in the camp further highlighted: the fact that many children could not attend school at all or on a regular basis due to hunger, the need to work or the inability of families to pay school fees; the dangers of collecting firewood (e.g. attacks by men or animals); the lack of bedding, clothing for children, and infant-feeding formulas (for those unable to breastfeed); maternal and infant health care; and the needs of vulnerable groups and the sick. There were also reports of deaths among children due to the very difficult life conditions, and exposure to cold and rain. The Special Rapporteur stresses that there is an urgent need for humanitarian assistance to address these gaps, and ensure basic life conditions until durable solutions are identified. He further notes that, to date, the residents of the camp had received no compensation or monetary allowances. According to information and documents provided by some families in the camp, members of the community had been evicted under the British administration, and in some cases later sold or reinstated small plots of land by the Government of Kenya, but they had all suffered multiple displacements afterwards.

V. Conclusions and recommendations

A. Conclusions

56. Kenya has experienced repeated waves of internal displacement in its recent history due to political, ethnic and land - related disputes, as well as a number of other causes. Addressing the root causes provoking many of these displacements is essential to the prevention of forced displacement in the future, including the repeated post-election violence displacement episodes that have impacted the country in the last two decades. The Special Rapporteur is pleased to note that under the agenda 4 reforms, the Government is putting in place frameworks, mechanisms and institutions to address the root causes of displacement in the country. However, the Kenyan population is also affected by multiple other factors likely to exacerbate internal displacements, including , inter alia: more severe and frequent natural disasters, both sudden and slow onset, due to the effects of climate change and other factors; environmental conservation and development projects; land and resource-based conflicts; and forced evictions, especially in urban areas.

B. Recommendations

1. Recommendations to the Government of Kenya

61. In cooperation with the international community and civil society :

(a) Develop accurate, efficient and disaggregated data - collection and database/registration systems which are comprehensive and inclusive of all categories of IDPs. Data - collection systems must be timely, adapted to the context, and aim to facilitate assistance, protection and durable solutions ;

(b) In relation to IDPs currently displaced but not included in the present registration/database system, undertake at the earliest opportunity a comprehensive data - collection exercise (including data on IDPs uprooted due to post-election violence , natural disasters , and development or environmental conservation projects), with a view to considering how best to identify, assess and respond to their assistance, protection and durable - solution needs, with particular attention to vulnerable groups. With regard to post-election violence IDPs in particular, include in this exercise: vulnerable groups, persons who registered locally but were not accepted in the central data bank, those unable to register before the cut-off date, and those referred to as “integrated IDPs ” .