Effectiveness of the law in protection of internally displaced persons in Kenya

Abstract

This study "Effectiveness of the Law in Protection of Internally Displaced Persons' was carried out in Kenya with specific aims of; establishing the circumstances that lead to formation of IDPs in camps; effectiveness of the law protecting IDPs; the legal challenges faced in protecting of IDPs and possible interventions to improve on the position of the IDPs. To comprehend this, the study reviewed literature from various scholars on the specific aims as well as different international principles that govern the protection of IDPs. The study also focused on desk review as well as depended on materials and statistics posted in the internet on the current trends of Internal Displacement with references to various sources of Law at both the domestic and international level. The study findings indicated that, the circumstances leading to the establishment of IDPs was due to the factors such as, political wrangles, ethnic differences, land disputes, inequalities in economic and political spheres.. The study also established the principles regulating the protection of IDPs to be the Constitution and the CEDA W. However, the challenges experienced in the protection ofIDPs included; underdevelopment, inadequate aid, lack of specific legal instruments, violation of; security rights, educational rights, housing. Right of property ownership, whereas possible interventional measures that help to curb the challenges experienced were suggested as; Resettling disputes, planning and providing security during resettlement, and considering addressing gender issues apart from providing humanitarian assistance. The study concluded that, humanitarian law provides for opportunities in the protection of IDPs, but the Guiding Principles are not binding. The study recommended the following; reforms and incorporation of IDP laws, observing responsibilities; Profiling IDPs; Security and inter-communal relations with !DPs; coordination and leadership; redress all categories of !DPs; protection of women, children and other especially vulnerable groups; enhancing recovery schemes, support durable solutions; Developing capacities of IDPs; promoting estoppels; promote diversified income options