The overall goal of RCK's advocacy work is to assist in creating an environment where refugees and other forced migrants enjoy their rights and live in dignity. In this respect our work focuses on policy development, capacity enhancement and monitoring.

The Kenyan environment for protection of refugees and IDPs prior to the enactment of the 2006 Refugees Act. Refugees and asylum seekers in Kenya were governed by the 1967 Immigration Act and the Aliens Restriction Act which considered refugees and asylum seekers in the same way as aliens. This presented loopholes in refugee protection for example in regard to acquiring refugee status, in the absence of which, many asylum seekers were and continue to be charged with being illegally present in Kenya.

The Refugees Act defines refugee status, the conditions for acquiring it, the actors responsible for refugee management and the rights and responsibilities of refugees and asylum seekers. In light of the implementation of the 2010 Constitution, the Refugees Actit as well as all laws in Kenya are being reviewed. Stakeholders are remaining engaged in the process of reviewing the bills (the 2011 Refugees Bill in particular) to ensure that the gains made by the Refugees Act are not lost and that refugee protection in general is enhanced by the bills that concern refugees.

RCK participates in the Urban Refugee Protection Network (URPN) and its advocacy sub-group. This entails working to implement the provisions of the UNHCR Policy for Urban Areas which seeks to address the protection issues of refugees and asylum seekers residing in urban areas.

The proposed IDP policy was developed as an outcome of the protection clusters which developed into protection working group (PWGID) following the post-election violence (PEV) of 2007/8. It defines who an IDP is, considers the different causes of displacement and it articulates the need for a comprehensive legal and institutional framework to prevent displacement, to protect from arbitrary displacement, to provide humanitarian assistance during and after displacement, to look for durable solutions and to implement its provisions. The PWGID is remaining attentive to the policy process, with the IDP Policy currently in Cabinet and a draft IDP Bill to be submitted to Cabinet. RCK heads the advocacy sub-group which has been instrumental in the drafting and lobbying of the draft policy and will continue to remain involved in its implementation.

Policy Development

RCK provides technical assistancesupport in drafting proposed legislation with an human rights based approach together with civil society and government. Recent policies that RCK has provided input on, include the Draft Refugee Policy, the Draft IDP Policy and the Draft National Disaster Management Policy. More recently, RCK is participating in the review of immigration bills in line with the constitutional dispensation that affect refugees. These include the Citizenship and Immigration Bill, the Citizens and Foreign Nationals Management Service Bill, Refugees Bill, the Identification and Registration of Citizens Bill and the Births and Deaths Registration Bill.

Capacity Enhancement

RCK conducts trainings in partnership with other actors on refugee protection for a wide array of duty bearers in refugee protection. These include police officers, immigration officials, children's officers, members from the Kenya Judges and Magistrates Association, Court User Committee members and provincial and local administration. The trainings cover;

• Human rights law;

• International refugee law;

• Rights, duties and offences under the Refugees Act 2006;

• Protection of IDPs;

• Protection of children;

• Protection against sexual and gender-based violence (SGBV);

• Statelessness and

• Protection against trafficking and smuggling.

RCK has experienced that the trainings engender improved refugee protection through imparting a better understanding of the duties and responsibilities of the various state officers and the protection concerns of displaced persons.

Protection Monitoring Missions

Monitoring the compliance with national, regional and international instruments on the protection of refugees and other forced migrants is an integral part of RCK's advocacy work. Therefore focus on fundamental principles of protection such as the principle of non-refoulement, family unity and access to durable solutions is core to our programmatic priorities. The current constitution of Kenya also presents an ample opportunity to enhance the policy and legal framework for protection of refugees and other forced migrants. This is especially articulated within a Bill of Rights that clearly identifies the rights and fundamental freedoms of all persons living in Kenya, and for the first time explicitly recognizes economic and social rights. RCK will consistently monitors the application and realization of these rights for refugees and other forced migrants.

RCK continuously conducts protection monitoring missions to refugee hosting areas to assess the protection concerns of refugees and other forced migrants. In 2011, missions were conducted to Mandera, Wajir, Garissa, El-Wak, Mwingi and the coastal region. Click here for a report of the monitoring mission to the coastal region.