A/HRC/10/13
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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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