United Nations Development Assistance Framework for Kenya

The United Nations Development Assistance Framework (2014-2018) for Kenya is an expression of the UN's commitment to support the Kenyan people in their self-articulated development aspirations. This UNDAF has been developed according to the principles of UN Delivering as One (DaO), aimed at ensuring Government ownership, demonstrated through UNDAF's full alignment to Government priorities and planning cycles, as well as internal coherence among UN agencies and programmes operating in Kenya. The UNDAF narrative includes five recommended sections: Introduction and Country Context, UNDAF Results, Resource Estimates, Implementation Arrangements, and Monitoring and Evaluation as well as a Results and Resources Annex. Developed under the leadership of the Government, the UNDAF reflects the efforts of all UN agencies working in Kenya and is shaped by the five UNDG programming principles: Human Rights-based approach, gender equality, environmental sustainability, capacity development, and results based management. The UNDAF working groups have developed a truly broad-based Results Framework, in collaboration with Civil Society, donors and other partners. The UNDAF has four Strategic Results Areas: 1) Transformational Governance encompassing Policy and Institutional Frameworks; Democratic Participation and Human Rights; Devolution and Accountability; and Evidence-based Decision-making, 2) Human Capital Development comprised of Education and Learning; Health, including Water, Sanitation and Hygiene (WASH), Environmental Preservation, Food Availability and Nutrition; Multi-sectoral HIV and AIDS Response; and Social Protection, 3) Inclusive and Sustainable Economic Growth, with Improving the Business Environment; Strengthening Productive Sectors and Trade; and Promoting Job Creation, Skills Development and Improved Working Conditions, and 4) Environmental Sustainability, Land Management and Human Security including Policy and Legal Framework Development; and Peace, Community Security and Resilience. The UNDAF Results Areas are aligned with the three Pillars (Political, Social and Economic) of the Government's Vision 2030 transformational agenda

Conflict Prevention, Management, and Resolution: Africa — Regional Strategies for the Prevention of Displacement and Protection of Displaced Persons: The Cases of the OAU, ECOWAS, SADC, and IGAD

This Article seeks to examine the preparedness of certain African regional actors to protect displaced persons in times of armed conflict, and to prescribe formulas to strengthen the capabilities of such actors. The objective is to assess the conflict maintenance capacities of African regional actors and their partners to provide physical and legal protection to displaced persons in times of armed conflict, and likewise to recommend strategies to increase protection

The Area of Freedom, Security and Justice ten years on: Successes and future challenges under the Stockholm Programme. CEPS Paperbacks. June 2010

This book celebrates the tenth anniversary of the Area of Freedom, Security and Justice (AFSJ) by bringing together the views of key practitioners and policy-makers who have played an outstanding role in thinking about and shaping EU policies on freedom, security and justice. Ten years ago, the member states transferred competences to the EU for law and policy-making in the fields of immigration, asylum and border controls, and began the transfer process for criminal justice and policing. This decade of European cooperation on AFSJ policies has experienced very dynamic convergence, the enactment of a large body of European law and the setting-up of numerous EU agencies working in these domains. Such dynamism in policy-making has not been without challenges and vulnerabilities, however. As this collective volume shows, the main dilemmas that lie ahead relate to an effective (while more plural) institutional framework under the Treaty of Lisbon, stronger judicial scrutiny through a greater role for national courts and the Court of Justice in Luxembourg, better mechanisms for evaluating and monitoring the implementation of EU AFSJ law and a more solid fundamental rights strategy. The contributions in this volume address the progress achieved so far in these policy areas, identify the challenges for future European cooperation in the AFSJ and put forward possible paths for making more progress in the next generation of the EU’s AFSJ

Sex Trafficking of Children in the United States: Overview and Issues for Congress

[Excerpt] This report provides an overview of sex trafficking of children in the United States. It first conceptualizes the issue, discussing the victims and perpetrators involved. It then outlines the federal response to investigating and prosecuting perpetrators as well as providing services to victims. The report concludes with a discussion of select issues concerning the federal response to sex trafficking of minors in the United States

The Influence of International Law on the International Movement of Persons

Many migration theories identify ‘the law’ as a significant constraint on the international movement of persons. While this constraint often operates through national migration legislation, this study examines the influence of international law in shaping contemporary patterns in the international movement of persons at the macro level. The analysis begins with an examination of the long-established power of a State to regulate cross-border movement of persons as an inherent attribute of State sovereignty, together with the accepted limitations on a State’s power to control entry and exit. Yet, international law reaches well beyond the movement of people across borders. The development of international human rights law has been a key constraint on state action in the United Nations era by also regulating the treatment of migrants within a State’s borders. The study considers how international law has responded to current migration issues, including: protection of migrant women and children; suppression of smuggling and trafficking of people; labour migration; and environmental migration. As in other areas of international society, there has been a proliferation of institutions through which international migration law is made and enforced. The most prominent among them are the United Nations High Commissioner for Refugees (UNHCR) and the International Organization for Migration (IOM), but the establishment of other entities with overlapping mandates has given rise to calls for a new international migration regime based on streamlined institutional arrangements. The study concludes that international law is an imperfect framework for regulating the international movement of persons because it has developed in a piecemeal fashion over a long time to deal with issues of concern at particular points in human history. Yet, despite its shortfalls, international law and its associated institutions unquestionably play a most important role in constraining and channeling state authority over the international movement of persons.international migration law; admission of aliens; refugees; expulsion of foreign nationals; human rights of migrants; diplomatic protection; migrant workers; international trade in services; environmental migration; migrant women and children; human smuggling and trafficking; United Nations High Commissioner for Refugees; International Organization for Migration

HIV/AIDS, Security and Conflict: New Realities, New Responses

Ten years after the HIV/AIDS epidemic itself was identified as a threat to international peace and security, findings from the three-year AIDS, Security and Conflict Initiative (ASCI)(1) present evidence of the mutually reinforcing dynamics linking HIV/AIDS, conflict and security

a new international legal framework to strengthen the rights of climate refugees and internally displaced persons

Esta dissertação explora a questão dos refugiados e dos deslocados internos climáticos e a necessidade de um quadro jurídico internacional para reforçar a sua proteção. O Título 2 apresenta um resumo da história do deslocamento humano e define migrante, refugiado e deslocado interno, analisando a divergência doutrinária sobre refugiado climático, e ainda o princípio do non-refoulement e a situação agravada dos menores. Propõe-se o alargamento da definição de refugiado ao deslocamento transfronteiriço induzido pelas alterações climáticas, defendendo um estatuto jurídico distinto. O Título 3 estuda a legislação que pode ou não ser aplicada a refugiados e deslocados internos climáticos e aborda o caso Teitiota v Chief Executive Ministry of Business, Innovation and Employment para elucidar sobre os desafios dos refugiados climáticos na obtenção de proteção adequada. Defende-se que a legislação e a jurisprudência permanecem insuficientes para abordar adequadamente a proteção dos refugiados e dos deslocados internos climáticos, urgindo a necessidade de estabelecer quadros legais mais específicos. O Título 4 centra-se nas consequências da subida do nível do mar na deslocação induzida pelas alterações climáticas, abordando os desafios relativos ao estatuto dos Estados e à personalidade jurídica internacional em caso de perda total do território ou de inabitabilidade permanente. Estuda ainda a Sydney Declaration of Principles for the Protection of Displaced Persons in the Context of Sea Level Rise e os seus princípios. Defende-se que a subida do nível do mar será cada vez mais uma causa de deslocamento involuntário, levando à inabitabilidade permanente e à perda de territórios, provando-se que o êxodo derivado às alterações climáticas transcenderá obrigatoriamente fronteiras, criando novos desafios. O Título 5 destaca a necessidade e os desafios da implementação de um instrumento jurídico internacional, a Convenção Internacional sobre a Proteção dos Refugiados e dos Deslocados Internos (DI) Climáticos, explicando os conceitos, princípios, situações e direitos previstos, e a sua natureza vinculativa para uma proteção eficaz. Propõe ainda a criação do Fundo para os Refugiados e DI Climáticos, da Agência Internacional para os Refugiados e DI Climáticos e do Painel Intergovernamental sobre Deslocamentos Induzidos pelas Alterações Climáticas.This research explores the issue of climate refugees and internally displaced persons (IDPs) and the need for an international legal framework to enhance their rights and protection. Title 2 provides a historical overview of human movement and defines key terms such as migrant, refugee, and IDP. It examines the doctrinal divergence surrounding the concept of climate refugee, the principle of non-refoulement, and the worsening situation of minors. Thus, it proposes broadening the definition of refugee for climate-induced displacement, defending a distinct legal status. Title 3 studies the legal frameworks that may or may not be applied to climate refugees and IDPs. It also discusses the Teitiota v Chief Executive Ministry of Business, Innovation and Employment case to clarify climate refugees’ challenges in obtaining adequate protection. It shows that existing legal frameworks and case law are insufficient to address the protection of climate refugees and IDPs, supporting the need to establish more precise legal provisions. Title 4 focuses on the consequences of sea level rise in climate-induced displacement, addressing challenges regarding State status and international legal personality in case of total territory loss or permanent uninhabitability. It studies the Sydney Declaration of Principles for the Protection of Displaced Persons in the Context of Sea Level Rise and its principles. The argument is that sea level rise will increasingly serve as a cause for involuntary displacement, leading to uninhabitability and loss of territory, proving that climate-induced displacement will, obligatory, not be only within borders, creating new challenges. Finally, Title 5 highlights the need and the implementation challenges of a specific international legal instrument, the International Convention on the Protection of Climate Refugees and IDPs, explaining its central concepts, principles, covered situations, and provided rights, along with its binding nature to protect these groups effectively. It also proposes the creation of the Climate Refugees and IDPs Fund, the International Agency for Climate Refugees and IDPs, and the Intergovernmental Panel on Climate-Induced Displacement

Australia and the 1951 Refugee Convention

Argues that the implementation of the 1951 Refugee Convention is failing the interests of both states and refugees. Summary Australia’s signature on 22 January 1954 brought into force the 1951 UN Convention relating to the Status of Refugees. It is now time for Australia again to take the lead, by pressing for a review of the 1951 Convention and the international protection system of which it is a cornerstone. While the Convention itself has, by and large, stood the test of time, its implementation is failing: failing Australian national interests; the interests of the wider international community; and the interests of refugees themselves. Indeed, one of the primary beneficiaries of these failures is people smugglers. Australia has already demonstrated its impatience with the status quo and its appetite for a new paradigm. Offshore processing as currently enacted by the Australian Government may have served its national interests better than the current international protection system; but is still in violation of the Convention to which Australia is a signatory. The Migration and Maritime Powers Legislation Amendment Bill 2014 deliberately removes most references to the 1951 Convention from the Migration Act 1958. And yet, in other ways, Australia continues to adhere to the Convention, directly through its refugee resettlement program, and indirectly through its ongoing support for the UN High Commissioner for Refugees (UNHCR). The Australian Government’s current approach may be working in the short term, but it is unlikely to diminish Australia’s asylum crisis in the long term, and it is damaging Australia’s international reputation. The Government needs to look beyond its current policies and lead an international debate on reforming the protection system. This Analysis lays out the case for reform: why it is preferable and more effective than the current Australian approach; how Australia is uniquely placed to lead an international debate on reform; and what the focus of that debate should be. First, it clarifies that what is required is not a revision of the 1951 Convention itself, but an overhaul of the way it is implemented through the international protection system

The Influence of International Law on the International Movement of Persons

Many migration theories identify ‘the law’ as a significant constraint on the international movement of persons. While this constraint often operates through national migration legislation, this study examines the influence of international law in shaping contemporary patterns in the international movement of persons at the macro level. The analysis begins with an examination of the long-established power of a State to regulate cross-border movement of persons as an inherent attribute of State sovereignty, together with the accepted limitations on a State’s power to control entry and exit. Yet, international law reaches well beyond the movement of people across borders. The development of international human rights law has been a key constraint on state action in the United Nations era by also regulating the treatment of migrants within a State’s borders. The study considers how international law has responded to current migration issues, including: protection of migrant women and children; suppression of smuggling and trafficking of people; labour migration; and environmental migration. As in other areas of international society, there has been a proliferation of institutions through which international migration law is made and enforced. The most prominent among them are the United Nations High Commissioner for Refugees (UNHCR) and the International Organization for Migration (IOM), but the establishment of other entities with overlapping mandates has given rise to calls for a new international migration regime based on streamlined institutional arrangements. The study concludes that international law is an imperfect framework for regulating the international movement of persons because it has developed in a piecemeal fashion over a long time to deal with issues of concern at particular points in human history. Yet, despite its shortfalls, international law and its associated institutions unquestionably play a most important role in constraining and channeling state authority over the international movement of persons.international migration law; admission of aliens; refugees; expulsion of foreign nationals; human rights of migrants; diplomatic protection; migrant workers; international trade in services; environmental migration; migrant women and children; human smuggling and trafficking; United Nations High Commissioner for Refugees; International Organization for Migration