Practice Relating to Rule 132. Return of Displaced Persons
Kenya’s LOAC Manual (1997) provides that “temporarily removed persons … must be allowed to return or be brought back to their previous location”.
In 2010, in its national report to the Human Rights Council, Working Group on the Universal Periodic Review, Kenya stated:
82. Kenya’s post-election violence has displaced more than 600,000 persons within the country since December 2007 … With the establishment of a coalition government on April 14, 2008, there was a need to transition from humanitarian relief to more permanent solutions for the IDPs. Their return from camps to their previous homes has significant political and economic implications for the government. The government’s National Reconciliation and Emergency Social and Economic Recovery Strategy prioritizes quick resettlement, citing: promoting development (particularly in the agricultural sector); improving the national image abroad; preventing IDP camps from becoming fertile grounds for recruitment into militias and criminal gangs; and enhancing human rights of those displaced.
83. Tension and localized violence in some areas continue to prevent the large-scale reintegration or return of the displaced into communities.