publications

Preface

Human Rights Watch/Africa has closely followed the situation of the internally displaced in Kenya since the inception of the “ethnic” violence in 1991 that caused the displacement of an estimated 300,000 persons.  In 1993, we published a book-length report entitled Divide and Rule: State-Sponsored Ethnic Violence in Kenya, which documented the plight of those displaced by the violence and the Kenyan government’s role in instigating the violence for political purposes.  In 1994 and 1995, Human Rights Watch/Africa published updates documenting ongoing government harassment, intimidation and violence occurring against the displaced. 

In July and August 1996, Human Rights Watch/Africa returned to Kenya to interview internally displaced persons and others.  The mission traveled through seven districts: Bungoma, Mt. Elgon, Kisumu, Nakuru, Nandi, Trans Nzoia and Uasin Gishu.  Human Rights Watch/Africa also visited Maela camp, the site of forced government dispersals more than two years ago, and interviewed a number of the displaced who were still there or who had returned to the site.  Some of those interviewed had been displaced since the violence began more than five years ago.  Human Rights Watch/Africa also interviewed a number of formerly displaced persons who had returned to their land or had settled elsewhere.

Although this report provides an update on the current situation of the internally displaced in Kenya, it is primarily an examination of the efforts of the international community to fulfill its human rights obligations, under the U.N. Charter, to the internally displaced.  This report demonstrates the necessity of centrally incorporating human rights and protection concerns from the outset in programs for the internally displaced.  The report examines a program for the internally displaced administered by the development arm of the United Nations (U.N.), the United Nations Development Program (UNDP), in Kenya between 1993 to 1995.  Although the program was ended in September 1995, this report offers an opportunity for the U.N., and UNDP in particular, to evaluate the lessons of the Kenyan experience in order to strengthen future programs.  It is our hope that this report will contribute toward a stronger international framework for assistance and protection to the internally displaced.  

Prior to publication, Human Rights Watch/Africa shared sections of the draft report with UNDP in order to provide it with an opportunity to reflect its perspective on the findings of the report.  On March 26, 1997, Human Rights Watch/Africa met with William Paton, Migration and Resettlement Specialist, and Edmund Cain, Director, Emergency Response Division, and provided UNDP with relevant sections of the draft report.  On April 28, 1997, Human Rights Watch/Africa received a response from UNDP Administrator James Gustave Speth welcoming an opportunity to discuss the findings of the report further.  UNDP also provided Human Rights Watch/Africa with an eight-page commentary on the draft report stating that the comments “attempt to set the record straight on the most serious, if not all, of the assertions which we believe to be wrong.”  UNDP’s considered response to the draft report was appreciated and taken into account in finalizing the report.  Human Rights Watch/Africa has, as best as possible, incorporated UNDP’s comments into the final report.  Accordingly, the page numbers of the Human Rights Watch/Africa draft report referred to in the UNDP comments no longer correspond.  The full text of UNDP’s comments have been attached as an appendix to the report. 

This report was written by Binaifer Nowrojee, Counsel with Human Rights Watch/Africa.  It was edited by Peter Takirambudde, Executive Director of Human Rights Watch/Africa; Joanna Weschler, U.N. Representative of Human Rights Watch; Dinah PoKempner, Deputy General Counsel of Human Rights Watch; and Jeri Laber, Senior Advisor with Human Rights Watch.  Invaluable production assistance was

provided by Ariana Pearlroth and Juliet Wilson, Associates with Human Rights Watch/Africa.