ON
THE OCCASION OF THE VISIT OF THE SPECIAL RAPPOTEUR ON THE HUMAN RIGHTS OF
INTERNALLY DISPLACED PERSONS TO KENYA
STATEMENT
FROM JPIC FRANCISCANS AFRICA AND FI- LOCAL TEAM ON BEHALF OF THE INTERNALLY
DISPLACED PERSONS OF NDATHO CAMP IN LOWER SUBUKIA.
1. The Office of Justice peace and Integrity
of Creation Franciscans Africa (JPIC FA) is a programme of the Franciscan
Family Association in Kenya and works with the local coordination team of
Franciscans International[1] on various human rights advocacy issues.
We welcome the Special Rapporteur on the Human rights of Internal displacement
and are grateful for this audience. We are here to speak on behalf of the
Internally Displaced People’s camp in Ndatho- Lower Subukia who may not have
the opportunity due to the brevity of time.
NDATHO
IDP CAMP
2. Ndatho is the name of the deceased owner
of a farm that is now home to an Internally displaced person’s camp located in
lower Subukia, 50 km from Nakuru Town in Kenya. It has come to be referred to
as NDATHO IDP Camp. Located on the border between Lower and Upper Subukia, the
area ministered to by the Franciscans of the Order of Friars Minor (OFM). It is
on this basis that the office of JPIC Franciscans Africa has been involved in
advocacy for these IDPs.
3. This camp is unique for its composition
and history. They are a total of 113 families. The records as at the time of
settling at Ndatho showed 840 persons in all. Of course several changes have
occurred in the last three years. Some of the able bodied have moved on to
cities to find work while babies have been born into this community.
4. These persons were displaced as a result
of the 2007/08-post election violence. They came from different places (Molo,
Kuresoi, Uashin Gishu and Eldoret and first met each other at Nakuru
Agricultural show grounds. The families received from government, the first
installment of their resettlement package (Ksh 35,000/= per family) upon which
they decided to pool it together in order to collectively buy a piece of land
for the selves.
5. The piece of land that they acquired was
in Olebolosat Nyandarua North District was marshland and uninhabitable but that
is all they could afford from the amount of money they had. The government
intervened by acquiring for them a disused farm but nevertheless habitable from
the known descendants of Ndatho in this area. They have been living in tents on
this land for over three years without specific allocation of plots to grant
them the land titles so much needed for a settled life and development.
The
Search for a Durable Solution
6. The guiding principles on internal
displacement provide that “displacement shall last no longer than
required by the circumstances” (principle 6). The right of internally displaced
persons to a durable solution is articulated in Principles 28-30. A durable
solution is achieved when internally displaced persons no longer have any
specific assistance and protection needs that are linked to their displacement
and can enjoy their human rights without discrimination on account of their
displacement.
7.
The
IDPs in Ndatho camp could not be reintegrated in the places of origin before
displacement and neither could they be integrated in the places where they
sought initial refuge (the marsh land they had purchased in Olebolosat).
Achieving sustainable integration in this area where Ndatho camp is located
would in the circumstances, arrive at a permanent solution.
Challenges
to integration.
8.
The
three year uncertainty over where they were going to live delayed any real
hopes for integration with the community around Ndatho camp. While there was no
violence in this part of the country, it is inhabited by the Kalenjin people
whose kin elsewhere were perceived to be responsible for displacement. The IDPs are originally settled
agriculturalists with minimal animal husbandry, yet “we have had animals from
our hosts grazing on the land of the camp and damaging the few crops we have”
said the vice chairman. “ There is still mistrust on both sides and while the
IDPs do their part in a small way helped by the Franciscans, government should
be encouraged to take conscious steps towards promoting integration, tolerance
and acceptability. Settlement may not be enough.
9.
We
welcome government efforts to demarcate land and take steps towards allocating
it. Actually we have just received information that tomorrow September 21,
2011, we will be balloting over the demarcated plots. Even though only 91
of the 113 families will get plots, we remain thankful for this step. “We now
know we are here to stay and integration efforts are welcome” said Lucas the
chairperson of the IDP camp.
Challenges
to Resettlement
10. We welcome again the news that officials
from the Ministry of Lands and that of special programmes will be , tomorrow
overseeing the balloting exercise for the plots demarcated. The plots are also
large enough 2.25 acres. The challenge is that while some of the land is
arable, up to 50% of the plots are on rock or marshland, which is not arable.
The result is that families, which will ballot over such poor portions of land,
will be condemned to a life of either expensive hard labor or food insecurity
or both. Government should be encouraged to support the initial agricultural
efforts of the IDPs to guarantee production from the land.
11. We also acknowledge that in the last two
weeks the IDPs in Ndatho have received poles, hinges, nails, doors and windows,
a sign that they are about to get housing. The challenge is that the type of housing due to be
constructed is not adequate and may not be as safe as it ought to be. “The
poles for construction that were brought are too thin, I can even hold one with
my small hands” said a young man at the camp. It is also definite that the wall material is going to be mud
since the iron sheet are only enough for roofing. From the available materials,
it is clear that the houses will be two roomed with a sitting room and a
bedroom. While this is better than the tents for the last three years, this
housing is not adequate for a family.
Government should be encouraged to either organize housing schemes for
better housing of IDPs or support any such efforts.
Some
Rights Based Challenges
12. The right to education: Fifty-five
children have been born to this community since the displacement and most of
them are due for early childhood education. The nearest schools (Mihango
Primary School and Kamumo Primary School) are at least 5 km from the camp,
which would be hard on the infants.
The New constitution places the function of establishing pre primary
schools on counties. The county governments are not yet operational yet the
children have to go to school. Government should be encouraged to promote
education with a preferential option for the most vulnerable in the
circumstances. A school established within the resettlement premises but open
to all including the hosts will contribute to the process of integration.
13. Safe drinking water: The only available
source of water for the IDPs of Ndatho camp is river Subukia whose upper
riparian is contaminated by among others flower farms and is characterized by
much sedimentation. Government should be encouraged to look into the water
question by providing boreholes in the area of resettlement.
14. Right to Health: The nearest health
facility is a dispensary in Maseno and is 5 km from the resettlement area.
Maternity services can only be accessed in Subukia which is 11 Km away. “ We
have no way of gauging the qualifications of the attendants at the clinic, but
we cope anyway” said mama Macharia at the camp. Government should be encouraged
to provide accessible, acceptable and quality maternity care to all people in
the area including IDPs.
We are once again thankful
for this audience with the Special Rappoteur on the Human rights of Internally
Displaced Persons .
----------------------------------------
Br.
Joe Ehrhardt ofm
Director JPIF FA Convener FI , Kenya
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Sr. Venatius Munee LSoSF
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