A/HRC/19/54
18.
The Special Rapporteur further found that the lack of accurate and efficient systems
of registration and disaggregated data collection had resulted in a situation where many
IDPs were not included in assistance, protection and durable solutions programmes. He
remains concerned by reports of an increase in street children, many of whom are believed
to be IDPs, in some parts of the country in the aftermath the 2007/2008 post-election
violence, and believes that many other IDPs who have never been registered or assisted
may have seen their situation similarly deteriorate due to displacement. He urges the
authorities, with the support of the international community and civil society, to review data
collection and registration systems with a view to assisting IDPs still in need, to identifying
particularly vulnerable groups, and to developing a more timely, effective and
comprehensive data collection system which is inclusive of all categories of IDPs.
19.
The Special Rapporteur further recommends that the Government of Kenya put in
place a legal and policy framework on IDPs, including by adopting the draft policy and
draft Bill on IDPs, and by ratifying the Kampala Convention at the earliest opportunity.
With regard to durable solutions he stresses the importance of ensuring that these are safe,
voluntary and informed; of adopting a broad approach, which includes resettlement, return
and local integration; and of providing sufficient resources to achieving these. He highlights
that assisting IDPs in achieving durable solutions is an important step towards
reconciliation and peace in Kenya. In this regard he was pleased to note the community
peace-building and reconciliation activities being undertaken in the country and encourages
the Government and civil society, with the support of the international community, to
continue these efforts.
III. A more systematized and equitable response to internally
displaced persons outside camps
A.
Introduction and overview
20.
While common images of IDPs often portray them as living compactly in large
camps, spontaneous informal settlements or collective IDP centres, the reality is that most
IDPs live outside these clearly defined settings, or “outside camps”.6 The expression IDPs
outside camps in this report refers to IDPs who may live instead in a variety of settings or
situations; they may be in urban, rural, or remote areas, renting, owning a housing, sharing
a room, living with a host family, homeless, occupying a building or land that they do not
own, or living in makeshift shelters and slums. A number of factors often result in the
neglect and virtual “invisibility” of IDPs outside camps, thereby affecting their access to
protection, assistance and durable solutions to their displacement. While the importance of
the issue has gained increased recognition over the last several years, more concerted
attention is necessary, including by the international community, in order to achieve a more
equitable humanitarian response and lasting solutions for IDPs outside camps, as well as
better support structures to communities which may be hosting them. Such an approach
also ensures compliance with international law relating to IDPs, including international
humanitarian and human rights law, regional instruments such as the Kampala Convention,
and with international standards such as the Guiding Principles, which provide guarantees
of non-discrimination and make no distinction between IDPs in or outside camps or other
settings.
6
Internal Displacement Monitoring Centre (IDMC), Internal Displacement: Global Overview of
Trends and Developments in 2010, March 2011, p. 13; Inter-Agency Standing Committee (IASC),
7th Working Group Meeting, “Internally displaced persons outside camps: achieving a more equitable
humanitarian response”, WO/1006/3492/7, paras. 4, 7.
7