Danish Refugee Council

Policy and institutional development

Policy and institutional development

DRC in partnership with the Refugee Consortium of Kenya, have been engaging in advocacy for policy change and development of legislation in line with international standards. The lack of legal and institutional frameworks has been among the key reasons why the rights of both refugees and internally displaced persons have been violated if not protected.

Prior to 2006, Kenya did not have a national legal framework for protecting refugee rights. The Refugee‟s Act enacted in 2006 provides the legal and institutional framework within which such protection of refugee rights is to be . Irrespective of Kenya being a signatory to a host of conventions and treaties as well as having passed the refugee act, there are still several cases of refugee rights being violated.

Aware of the gaps that forced migrants of all cadres grapple with, ranging from lack of identification documents to arrest and threat of deportation, homelessness, harassment, sexual & gender based violence to lack of basic rights, the Refugee Consortium of Kenya embarked on a partnership with DRC to popularize and disseminate the Refugees Act 2006. This was aimed at promoting the standards of refugee protection, and simultaneously focusing on increasing asylum seekers‟ and refugees„ access to justice.

After the Post-Election Violence, in 2009 relevant stakeholders i.e. the Government of Kenya, IDP representatives, Civil Society Organisations, the UN and international non-governmental organisations, DRC included, came together to analyse the root causes of the IDP problems in Kenya and their recurrence. During this forum the need for a shared IDP policy with an emphasis on prevention, protection, assistance and durable solutions was discussed. A Draft national IDP policy was unveiled in March 2011, and is awaiting cabinet approval before being tabled in parliament. This has given hope to IDPs and the stakeholders as it seeks to address the issue of internal displacements in the Country. DRC and RCK are among the key NGOs pushing for the approval and adop-tion of the IDP policy.