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. 17

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