UNITED NATIONS HIGH COMMISSIONER FOR …

1 UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES STRENGTHENING PROTECTION CAPACITY PROJECT PROJECT PROPOSALS Strengthening Refugee Protection, Assistance and Support to Host Communities in Kenya August 2008 UNHCR BO Kenya - 2 - Foreward The Strengthening Protection Capacities Project includes a number of initiatives aimed at complementing existing efforts being made by the Government of Kenya, UNHCR and partners to provide protection for refugees. They represent areas that either are not covered or not sufficiently covered in annual programmes due to funding constraints. Therefore, the package is intended to highlight unmet needs, the consequences of those gaps, and most importantly, the interventions and associated costs needed to remedy the gaps.

2 UNHCR BO Kenya - 3 - TABLE OF CONTENTS I. II. Summary note on protection III. Project proposals A. Favourable protection environment 1) Promoting local population s receptivity towards refugees at Kenya s refugee camps through environmental B. Fair protection processes and documentation 2) Promoting registration according to international standards at the Dadaab 3) Building the capacity of the Kenya judiciary to administer refugee law principles and to interpret the Refugees Act, 4) Regional Justice Conference on the Protection of Refugee Rights and C. Security from violence and exploitation 5) Empowering refugees to provide protection services in urban 6) Building the capacity of the network of pro bono lawyers to protect refugees legal 7) Creating a safe and confidential environment for women at the camp-based police D.

3 Basic Needs and Essential Services 8) Promoting refugee children s access to a basic education of high quality at Dadaab refugee 9) Delivering secondary education by distance learning mode at 10) Supporting urban refugees access to public education and medical E. Community participation and self-management 11) Economic development specialists to improve livelihood projects and 12) Increasing access to vocational education for women at Kakuma refugee 13) Increasing access to vocational education at the Dadaab refugee 14) Promoting small business enterprises for women at Kakuma and Dadaab refugee 15) Cottage industries to promote women s employment in the refugee 16) Promoting life skills and livelihoods for youth in F.

4 Operations Management Support 17) Technical support for SPCP UNHCR BO Kenya - 4 - I. Introduction Context of Kenya Kenya is a major refugee-receiving country, providing asylum to over 280,000 refugees. Of these, 190,000 refugees, mostly from Somalia, live at the Dadaab camps in northeastern Kenya, while a further 50,000 refugees, from diverse countries including Sudan, Somalia, Ethiopia, and DRC, live at Kakuma camp in the northern part of Rift Valley province. There are also 50,000 refugees living in the urban area of Nairobi. According to UNHCR statistics, 46% of the population is female, and children comprise 44% of the total population.

5 Because of the longstanding conflicts in neighboring countries, many refugees have lived in Kenya for a protracted period. For the South Sudanese, voluntary repatriation is ongoing, with an expected 20,000 persons to return in 2008; however, other refugee populations in Kenya, particularly the Somalis, have few prospects of return in the foreseeable future. Indeed, the recent deterioration of conditions in Somalia has led to increased displacement into Kenya. Overall, it is projected that the total number of refugees in Kenya will increase throughout 2008 and 2009. Strengthening Protection Capacity Project in Kenya The Strengthening Protection Capacity Project began in Kenya in October 2004, with an initial grant of money from the European Commission, and three co-funding states: Denmark, the Netherlands and the UNITED Kingdom.

6 The initial project money enabled the SPCP to: (i) conduct and publish a comprehensive analysis of protection gaps in Kenya; (ii) undertake a comprehensive assessment of present livelihood strategies of refugees and propose means to improve self-reliance (iii) convene a national consultation with all concerned stakeholders to prioritize the gaps identified and recommend measures to remedy them; (iv) subsequently work with partners to develop projects necessary to implement an agreed upon Plan of Action for the coming years; (v) implement a number of quick impact projects and; (vi) continue to engage donors in the funding of initiatives necessary to fully implement the Plan of Action.

7 Subsequently, donors provided just over $1 million in funding (out of a requested $8 millions) to fill protection gaps identified as priorities, including the printing of refugee ID cards, reducing the backlog for refugee status determination, and training of government officials on refugee law. In 2008, UNHCR has reviewed the assessment of protection gaps in Kenya as a part of the process of preparing the Annual Protection Report. On the basis of this analysis, as well as the three participatory assessments conducted with refugee communities in Kenya during the period 2005-2007, UNHCR has revised the package of projects to target the highest priority protection gaps.

8 Donors interested in supporting projects in this package are invited to contact Furio De Angelis, Assistant Representative (Protection), UNHCR BO Nairobi, to seek clarifications, discuss possible collaboration, and receive detailed budget breakdowns. We welcome your contribution to closing the protection gaps affecting refugees in Kenya. UNHCR BO Kenya - 5 - II. Summary note on protection gaps Favourable protection environment Kenya is party to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol and to the 1969 Organization of African Unity (OAU) Convention governing Specific Aspects of Refugee Problems in Africa.

9 In 2006, Kenya adopted its first domestic legislation on refugees, and the Refugees Act was officially enacted in 2007. The 2006 Refugees Act represents a major advance: it has launched a transition period that should eventually bring about the empowerment of the government structures for the management of refugee affairs. The practical implementation of the law will, however, be gradual as implementing regulations remain under discussion among various government departments. Some measures have been undertaken by the government to assume a more direct control of the practical aspects of the management of individual refugee cases and a more active engagement of the Department of Refugee Affairs in the camps.

10 While supporting the government in this transition, UNHCR and its partners have continued to promote a community-based and rights-based approach to refugee protection in Kenya. Overall, the local population in Kenya has been receptive toward refugees for many years; there is little evidence of xenophobia. However, competition for resources sometimes places a strain on their hospitality. In the area of the Dadaab camps, the local population is very poor and is not eager to see more land devoted to accommodating the overcrowded camps. The local population surrounding the camps is particularly concerned about the environmental impact of the camps, particularly the deforestation caused by intensive firewood collection.