A/HRC/26/33
the law or policy development process,33 which complements the substantive approach of
the manual for law and policymakers, and the Handbook for Parliamentarians on internal
displacement.34 These manuals distil years of lessons learned and good practices to assist
law and policymakers in drafting laws and policies that address internal displacement or in
amending existing laws and policies to encompass the rights of internally displaced persons.
They are also useful tools for civil society and international organizations to consult.
70.
A consultative national instrument development process encompasses several stages,
including the initiation, preparation, organization, validation, adoption and implementation
of the instrument.35 While each State party will have its own processes for developing
national laws and policies on different issues, the consultative process described in the
paragraphs below is recommended for the development of effective national instruments on
internally displaced persons. Although Kenya is not a party to the Kampala Convention, its
efforts to develop a national policy on internal displacement stands out as an example of a
good practice and should be built upon to guide other countries in the African Union.
(a)
Initiation
71.
During the initiation process, relevant authorities commit to developing a national
instrument on internal displacement, and then communicate the decision to relevant
national, regional and international stakeholders, which have an important role to play in
assisting in its development. In Kenya, the need for a comprehensive legislative response to
internal displacement was identified in 2010, when the Parliament established the
Parliamentary Select Committee on the Resettlement of Internally Displaced Persons in
Kenya to examine Government action on displacement and the relevant laws governing the
issue.36
(b)
Preparation
72.
The preparation phase aims at, inter alia, defining key notions, gathering data on
internal displacement, and deciding on the appropriate legal framework to address internal
displacement and the support needed from relevant stakeholders. In the case of Kenya, in
February 2011, a strategic planning workshop was convened by the Parliamentary Select
Committee, where perspectives on the key concerns with regard to internal displacement
were addressed by government ministries and the National Protection Working Group on
Internal Displacement.37
(c)
Organization
73.
During the organization phase, a government body should be designated to lead the
process. Experience shows that it is important that the Government lead have political clout,
financial and human resources and knowledge of internal displacement issues. The Special
33
34
35
36
37
National Instruments on Internal Displacement (see footnote 3).
See footnote 2.
See footnote 3.
See Danish Refugee Council and Refugee Consortium of Kenya, Behind the scenes. Lessons Learnt
from Developing a National Policy Framework on Internal Displacement in Kenya, January 2013
(available from
http://drc.dk/fileadmin/uploads/pdf/IA_PDF/Great_Lakes_PDF/BehindTheScenes_KenyaIDPReport.
pdf), p. 27.
See ibid. The Working Group was established in 2009 by the transformation of the IDP Protection
Cluster set up in 2008 to respond to the post-election displacement crisis. It is co-chaired by the
Ministry of Justice, National Cohesion and Constitutional Affairs and the Kenyan National
Commission for Human Rights, with a broad membership of civil society, national and international
organizations.
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