A/HRC/10/13 page 17 displaced during the post-election violence in December 2007 and January 2008. More than 500,000 persons were displaced at that time, although the Representative also recalled that substantial numbers of Kenyans were displaced due to election-related violence in 1992 and 1997, and to a lesser extent in 2002. Acknowledging the strength of the national and international humanitarian response in the immediate emergency phase of the crisis, the Representative was, however, concerned by the speed with which return was being promoted by the Government, raising questions about the voluntariness of return and triggering substantial coordination challenges for humanitarian partners. This resulted in significant numbers of returnees not being able to return directly to their land, but rather clustering nearby in improvised transit sites, without adequate humanitarian assistance, clean water and sanitation, or access to health and education services, and awaiting provision of seeds and basic tools to resume farming in their nearby fields. The Representative underscores the need to support in addition solutions for those IDPs without land to return to - specifically agricultural workers, tenant farmers, squatters, and small business persons. 60. Given Kenya’s history of intercommunal tension and displacement, the Representative observes that truly durable solutions will remain elusive without a resolution of the original dynamics which led to the displacement. He calls for more robust reconciliation efforts, including transitional justice measures, the involvement of community elders, and a clear and demonstrated commitment to reconciliation by local as well as national political leaders. During a short visit to Nairobi in August 2008, he reiterated these concerns and noted the need for renewed efforts to provide transitional shelter and livelihoods, with an appeal to donors to support critical early recovery activities. The Representative observes that Kenya should seize the opportunity to develop a comprehensive policy on internal displacement and adopt the necessary laws consistent with its obligations under the Great Lakes Protocol on internal displacement. He stands ready to support Kenya, and other Member States, in the national implementation of these obligations. 5. Madagascar 61. The Representative visited Madagascar from 2 to 7 July 2008 as a further part of his focus on displacement by natural disaster. The Representative welcomes the reform of the natural disaster emergency response agencies in Madagascar, which is regularly affected by cyclones, floods and droughts. He notes the important role that the United Nations system played in enhancing the response capacity and the coordination of humanitarian actors. While recalling that national authorities bear the primary responsibility for assisting populations affected by natural disasters, including displaced persons, the Representative emphasizes the importance of the efforts of the local authorities. Capacity must be built at the regional and local levels. There is also a need for measures to protect the most vulnerable people from discrimination and exploitation, particularly female heads of households, girls and elderly persons without family support. 62. In Madagascar, displacements caused by natural disasters often last only a few days or weeks. Nevertheless, the ability of returnees to recover presents a real challenge. In order to better meet the need during this phase to protect and assist the persons affected, who often live in very precarious conditions, the Representative calls on the international community and donors to support the Malagasy authorities in their efforts to support rehabilitation and income-generating activities.

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