A/HRC/26/33
Rapporteur reiterates the need to consult a wide range of national actors, including internally
displaced persons and displacement-affected communities themselves. All the relevant tools
for the development and drafting of the instrument should be identified – such as the abovementioned manuals, the Inter-Agency Standing Committee Framework on Durable
Solutions for Internally Displaced Persons38 and the Operational Guidelines on the
Protection of Persons in Situations of Natural Disasters39 so that the lead Government entity
can then organize the drafting and consultation process.
(d)
Consultation and drafting
74.
During the consultation and drafting stage, a bottom-up approach should be taken to
ensure that the views and concerns of internally displaced persons are adequately reflected
and addressed, as they are the ones who will be primarily affected by the national
instrument. In Kenya, a number of workshops and bilateral meetings were held and attended
by the Parliamentary Select Committee, representatives of government ministries, the
Special Rapporteur and the staff supporting his mandate. The Truth, Justice and
Reconciliation Commission was also consulted. The Parliamentary Select Committee
carried out 26 public hearings and field visits around the country from March to October
2011 to gain further insights into the plight of internally displaced persons in Kenya.40
75.
The fifth stage in the process of developing a national instrument allows for
amendments or changes to be made, and is useful for ensuring buy-in from relevant
stakeholders and the effective implementation of the instrument. In Kenya, the initial draft
legislation was reviewed in October 2011 during a workshop convened jointly by the
National Protection Working Group on Internal Displacement and the Parliamentary Select
Committee. The Working Group and the Committee established a taskforce with the aim of
reviewing the draft legislation and ensuring consistency with the draft policy on internally
displaced persons, the Guiding Principles on Internal Displacement and the Kampala
Convention. A validation workshop was then held in December 2011 by the Working Group
and the Committee to consider and approve the reviewed draft legislation.41
76.
With regard to the adoption of the national instrument, in Kenya, the Parliamentary
Select Committee tabled its final report before Parliament in February 2012, and the bill on
internally displaced persons was tabled in April 2012. The bill underwent three readings
before being passed by Parliament on 4 October 2012. The President assented to the bill on
31 December 2012.42
(e)
Implementation and monitoring
77.
Finally, the implementation and monitoring phase is an essential and often ongoing
one. As implementation will be achieved gradually, it can be helpful to prioritize
implementation activities, ensuring that emergency needs are addressed while longer-term
needs and concerns are not overlooked. Implementation may also require capacity-building
at various levels of government. Dissemination and awareness-raising among government
officials at all levels, as well as among internally displaced persons and other displacementaffected communities, in relevant languages and through appropriate channels in order to
ensure the most vulnerable populations are reached, are also critical steps to ensure effective
38
39
40
41
42
18
Available from
https://docs.unocha.org/sites/dms/Documents/IASC%20Framework%20DS%20for%20IDPs.pdf.
Available from https://docs.unocha.org/sites/dms/Documents/Operational%20Guidelines.pdf.
Danish Refugee Council and Refugee Consortium of Kenya, Behind the scenes. Lessons Learnt (see
footnote 36), p. 27.
Ibid.
Ibid.
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