ROLE ACTORS IN HUMANITARIAN SYSTEM

The humanitarian situation (forced migration) that result out of the causing agents (war, natural
disaster, etc) is usually very dire and leave many vulnerable groups exposed and staring at death.
As a matter of fact, most of the causes of humanitarian disaster leave a trail of destruction and
death on their wake.
To mitigate the situation, different players have come out to make the bad situation bearable for
the affected persons. The following are some of the main players who are in the forefront of the
humanitarian aid.
Humanitarian actors are a wide range of organizations, agencies and inter-agency networks that
all combine to enable international humanitarian assistance to be channeled to the places and
people in need of it.
These actors include UN agencies, the International Red Cross/Red Crescent Movement, non-
governmental organizations (NGOs) such as Humanitarian Coalition member agencies, military
institutions, local government institutions and donor agencies.
The United Nations Secretariat is responsible for bringing together humanitarian actors to
ensure a coherent response to emergencies.

 Intergovernmental Organizations
Intergovernmental organizations are organizations based on formal instrument of agreement
between nations, for example a treaty. A minimum of three nations or more is required to qualify
to be an IGO and must have a permanent executive body or a secretariat.
The United Nations is the largest IGO. It implements a multifaceted approach to assist migrants
and refugees throughout their relocation process
Some of its agencies that are relevant to the forced migration are;
i. UNHCR – United Nations Humanitarian Commissioner for Refugees; it promotes
protection, health care and education rights of displaced children, refugees, the
internally displaced persons and the stateless.
ii. UNOCHA – United Nations Office for Coordination of Humanitarian Affairs,
UNOCHA is the part of the United Nations Secretariat responsible for bringing
together humanitarian actors to ensure a coherent response to emergencies. OCHA
also ensures there is a framework within which each actor can contribute to the
overall response effort.
-UNOCHA manages The UN Central Emergency Response Fund (CERF), one of the
fastest and most effective ways to support rapid humanitarian response for people
affected by natural disasters and armed conflict
iii. UNHCHR – United Nations High Commissioner for Human rights; it works
to protect and assist refugees everywhere. UNHCHR strives to ensure that everyone
has the right to seek asylum and find safe refuge in another State, with the option to
eventually return home, integrate or resettle.
iv. UNICEF – United Nations Children’s Fund; works around the world to strengthen
the resilience of children who are displaced or are refugees and their families, and to
help them cope with adversity during and after a crisis.
- UNICEF works with partners all over the world to help low- and middle-income
countries to scale up effective and efficient programs to eliminate new infections
among children, provide medicines to children and their families living with HIV,
prevent and treat new infections among adolescents etc
.
v. UNFPA –United Nations Population Fund; it works to prevent gender-based
violence in emergencies and to provide support for survivors, coordinating all
humanitarian partners in these efforts. UNFPA also coordinates the distribution of
reproductive health kits, saving the lives of mothers and babies, and provides dignity
kits to meet basic hygiene needs.
-Works to prevent and respond to gender-based violence through its work with
policymakers, justice systems, health systems and humanitarian partners.
-UNFPA also focuses on eliminating harmful practices, including FGM and child
marriage, and helps to engage men and boys to advance gender equality.

vi. WHO – World Health Organization; coordinates the international response to

humanitarian health emergencies of all kinds ranging from disease outbreaks to
conflicts to natural disasters.
 Governmental Organizations
Governmental organizations are organizations that are funded directly by the political
state/governments. Some of the GO are;
i. JICA- Japan International Cooperation Agency, is an agency of Japanese official
development aid for the purpose of supporting the socioeconomic development,
recovery or economic stability of developing regions.
ii. USAID- In partnership with the UN and local partners, including national and county
government authorities, USAID responds to humanitarian assistance needs. They
support the most vulnerable populations and try to build resilience.
iii. CIDA- Canadian International Development Agency (CIDA) is Canada's bilateral
governmental organization charged with planning, funding, and implementing relief
federal aid budget.
iv. SIDA- this is Sweden's government agency for development cooperation. It strives
to reduce poverty and oppression around the world. In cooperation with
organizations, government agencies and the private sector it invests in sustainable
development for all people.
v. DFID- Department for International Development
vi. BRPM

The government of Kenya role in protecting forced migrants

-East Africa is a refugee producing and hosting region. According to UNHCR statistics as of July
2022, the region harbors approximately over 4.95 million refugees. The majority originating
from South Sudan (2.35 million), the Democratic Republic of Congo (673,600) and Somalia
(491,000). Uganda (1.5 million) Sudan (1.11 million), Ethiopia (887,276) and Kenya (573,508)
ranked as the highest refugee-hosting states across sub-Saharan Africa.
-A report by the international organization of Migration largely classifies the contributors to the
proliferation of forced migrants as; natural disasters, political instability and acute environmental
conditions in the region. Kenya hosts refugees from over 11 war-torn countries in Daadab and
kakuma refugee camps mainstreaming from Somalia, Sudan, Ethiopia and the Great Lakes
Region.
-Kenya currently hosts more than half a million registered refugees and asylum seekers. Most
have been required to remain in camps for years, have been unable to obtain work permits and
other documentation, and have faced limited access to education, vocational training and
financial services

-While implementing the refugee encampment policy (once refugees have gone through the
status termination procedures, they are obliged to reside in a camp while awaiting a durable
solution) the government has met the challenges for example, about 30-50,000 refugees /asylum
seekers escaping from refugees camps to the urban areas
-The government of Kenya has also put in place practices to protect the refugees, Internally
Displaced Persons, stateless persons, etc. This is outlined in the Prevention, Protection and
Assistance to Internally Displaced Persons and Affected Communities Act No. 56 Of 2012.
-This Act states that the Government shall protect every human being against arbitrary
displacement. Arbitrary displacement is prohibited and shall constitute an offence punishable
under this Act.

-Also The Refugee Act of 2021 stipulates that refugees will get facilitation to access of relevant
documentation, right to gainful employment, access to rights and services among others.

-The government of Kenya, in a move to protect forced migrants has done the following;
 Kenya has acceded to the 1951 Convention and ratified the 1969 OAU Convention and the
universal declaration of human rights (UDHR) as well as other international human rights
treaties.
 Facilitation of greater economic inclusion for refugees. The government allowed for the
creation of a refugee settlement (also known as Integrated settlement) in 2016, Kalobeyei,
that provided a more enabling environment for refugee and host community livelihoods,
resilience and self-reliance by setting aside land for agricultural use, facilitating a more cash-
based economy and establishing designated area's for businesses
 Ratification of the refugee Bill into the refugees Act of 2021. The refugee act of 2022
recognizes protection and management of over 500,000 refugees in Kenya. Among the
benefits that the government of Kenya offers to refugees in Kenya through this Bill presents
is:
 Participation in economic and social development. The government allows refugees to
engage in gainful employment, do business and pay taxes.
 Full registration and identification which will enable them to access rights and services
including chapter 4 of the constitution Rights.
 -Through this Act, the government of Kenya is obligated to protect refugees and asylum seekers
from forceful return to their countries of origin.
-The Act has extended the grace period for appealing for refugees status from 30 to 60 days.
-Refugees from the EAC members have been given an option of relinquishing their refugee
status and enjoy protocols status that the Kenya government has ratified.
 Signing onto the comprehensive Refugee response framework ( CRRF) process and
publishing a CRRF document that outlines progressive goals. Steps have also been taken at
the local level to localize the CRRF through an area based program called the Kalobeyei
Integrated Socio-Economic Development Plan (KISEDP) in Turkana county and the Garissa
Integrated Socio-Economic Development Plan (GISEDP) in Garissa County. Both programs
promote strategy plans that align with Local County Integrated Development plans (CIDP)
and demonstrate a paradigm shift towards the inclusion of refugees in national and local
planning process.
 Intentional extensive debate on forced migrants by the legislature. Information from the
Parliamentary Mansard of both houses indicates that out of the combined 237 sessions, a
total of 1,360 references were made to migrants between 2016 and 2017. Out of these
references, 1,188 (87%) were about refugees and this is demonstrative of the extensive
debate on forced migrants who represent approximately half of the total immigrant’s
population in Kenya.

Rights of Forced migrants in Kenya

i. Right to identification and civil registration documents and other required documents
sufficient to identify the refugee and grant them access to services from both the national and
devolved levels of government in Kenya.
ii. The right to engage individually or in a group in gainful employment or enterprise or to
practice a profession or trade where he/she holds qualifications recognized by competent
authorities in Kenya. On this basis, a refugee is entitled to a class M work permit under and
subject to the provisions of the Citizenship and Immigration Act, 2011 laws of Kenya.
iii. The right to not be refused entry into Kenya or be expelled or extradited from Kenya any
other country where the person would be subjected to persecution or where their life,
physical integrity or liberty would be threatened. This is subject to the individual in question
not being a threat to the national security of Kenya.
iv. A refugee from the East African Community (EAC) partner states may voluntarily give up
their refugee status to enjoy the right of establishment and residence of the citizens of the
partner states within the EAC.
v. The right to protection and special treatment and consideration of women, children, older
persons, victims of trauma and persons with disabilities.
vi. The right to voluntarily return to their country of nationality or from which they entered
Kenya without any undue restrictions.
vii. The right to dignity and humane treatment in the host country through the provision of and
access to necessary amenities for preservation of their fundamental human rights and dignity.

-The government guarantees the basic human rights and physical security of citizens. But
when civilians become refugees this safety net disappears. UNHCR’s main role in pursuing
international protection is to ensure that states are aware of, and act on, their obligations to
protect refugees and persons seeking asylum. However, it is not a supranational organization
and cannot be considered as a substitute for government responsibility.

3. Non-Governmental Organizations
Non-Governmental Organizations are organizations that do not rely on the funding from
government and are not affiliated to any government, some of them are;
i. IRC- International Rescue Committee.
ii. MSF-  Médecins Sans Frontières is an international, independent, medical
humanitarian organization that delivers emergency aid to people affected by armed
conflict, epidemics, pandemics, natural disasters and exclusion from healthcare.
iii. CARE- Cooperative for Assistance and Relief Everywhere, is a major international
humanitarian agency delivering emergency relief and long-term international
development projects.
It was founded in 1945. It is said to be nonsectarian, impartial, and non-
governmental.
iv. SCF - Sahara Conservation Fund, aims to provide humanitarian assistance to pastoral
communities living in remote areas of The Sahara Desert.
v. ICVA- works to make humanitarian action more principled and effective by working
collectively and independently to influence policy and practice. 

4. Red Cross Movement

The international Red Cross and Red Cross Crescent Movement is the largest humanitarian
network in the world. It has its presence is almost all countries. It incorporates the Geneva –
based International Committee of the Red Cross (ICRC), International Federation of Red Cross
(IFRC) Red Crescent Societies and National societies in 178 countries.
For more information on Red Cross see;
http://www.redcross.int/EN/history/movement.asp

Accountability of Humanitarian Aid Providers

Accountability refers to the responsible use of power (resources, decision-making) by
humanitarian actors, combined with effective and quality programming that take recognition of a
community’s concern on dignity, capacity and ability to be independent, ie
-The Red Cross Code on Conduct- seeks to guard the standards and behavior of the personnel in
the organization.
-The Sphere Project
-HAP – Humanitarian Accountability Project
Humanitarian Ethics
These ethics are a Guide to the Morality of Aid in War and Disaster
Charity v. Rights - How is humanitarian aid provision guided, by charity and philanthropy or
by human rights?
Charity does not and cannot entail a right or entitlement to anything from anyone. Charity is
about benefaction – the voluntary choice to share.
In context of constitutionally protected human rights, this plays out as rights-bearing citizens
enjoying certain rights against the state.  Further;
http://www.blackwell-synergy.com/doi/abs/10.1111/1467-7717.00059

General Roles of Humanitarian Actors.

 i) Maintain peace and harmony for Persons of Concern, for example, UN
peacekeepers are often there to protect the camps in which refugees must live. When
they are left without access to basic necessities such as food, water, sanitation and
health care, the UN family provides it. Much of this support is provided through the
United Nations humanitarian action machinery.
ii) The government is responsible for creating and enforcing the rules of a society,
defense, foreign affairs, the economy, and public services to ease living.
iii) They provide disaster relief, support health and social programs, and promote
international humanitarian law and humanitarian values.

Case study.
- The first humanitarian intervention is the British, Russian, and French armies intervened to help
revolutionary nationalist groups in Greece overthrow their Ottoman Turkish rulers.
-NATO bombing of Yugoslavia (1999) British military intervention in the Sierra Leone Civil
War (2000) Coalition military intervention in Libya (2011) Military intervention against the
Islamic State of Iraq and the Levant (2014–present)
- The most prominent method of humanitarianism in Africa has been through UN sanctioned
peacekeeping operations.
An example of humanitarian intervention in Africa was the UN (UNOSOM) and US
(UNITAF) missions to Somalia in 1993.

PUNISHMENT PROVIDED FOR UNDER LAWS OF KENYA.

Section 24 Penal Code (different kinds of punishment)

-The penal code provides for various kinds of punishment that may be inflicted by court ;

a) Death

b) imprisonment

c) Detention under detention Camps Act.

d) Fine.
e) Forfeiture.

f) Payment of compensation.

g) finding security to keep the peace and be of good behavior.

Section 25 penal code (sentence of death)

-Where a person is sentenced to death, the form of the sentence shall be to the effect that he is to
suffer death in the manner authorizes by the law

-Death sentence shall not be pronounced on or recorded against any person convicted of an offence, if it
appears to the court that at the time when the offence was committed he was under age of 18 Years,
such person is detained during the president pleasure and if so sentenced it will be in place and under
condition as the president may direct. The judge shall forward to president copy of notes of evidence
taken on trial.

-Death sentence is provided for murder section 203 of penal code, attempted robbery with violence
section 297 of penal code

-Expectant mothers cannot receive death sentence instead given life sentence provided for in section
211 of penal code.

Section 26 penal code (imprisonment)

-Maximum sentence provided for is life imprisonment sentence the court has discretion to impose a
shorter term of improvement as provided in section 26 (2).

-Section 26 (3) provides that a person liable to imprisonment for an offence may be sentenced to pay
fine in addition or in substitution for imprisonment.

-The sentence imposed by the trial court begins on the date on which it is pronounced. The court must
take into consideration the time already served in custody before sentencing.

Section 26 A penal code (recommendation for removal from Kenya)

Where a person who is not a citizen of Kenya is convicted of an offence punished with imprisonment for
term not exceeding 12 months the court by which he is convicted or any court to which his case is
brought by way of appeal against conviction or sentence may, by directions to the commissioner of
police and commissioner of prisons order that person be removed from and remain out of Kenya either
immediately or on completion of any sentence of improvement imposed.

-Where the offense for which the person is convicted is punishable with imprisonment or term
exceeding 12 months, the court shall where it is satisfied that the person may be removed from Kenya,
recommended to the minister for the time being responsible for immigration and the removal from
Kenya be made in accordance with section 8 of immigration act.

Section 28 penal code (fines)

-Fine may be imposed on a person convicted of the offence instead of or in addition to imprisonment
provided in section 26 (3) of penal code.

-If the offence is punishable by a fine or imprisonment, the court has discretion to impose such a fine or
imprisonment section 28 (1) (a) of penal code. The amount must not be excessive.

-When the court decides to impose a fine, it should ensure that there is a reasonable correlation
between the fine and offence. The court should also take into account the ability of the offender to pay.

-R vs Benjamin Ogweno Koyier 1978 court noted that it was pointless to impose a fine that the offender
could not pay.

-The court should allow payment in instalment provided that the offender submits a bond to ensure the
payment.

-When imposing a fine the court should specify a term of imprisonment to be served in the default of
payment. The term of imprisonment must be within the scale provided in section 28 (2) of Penal Code.

-The court can issue warrant for distress and for sale of an offender's movable and immovable property
to satisfy a fine.

Section 29 penal code (forfeiture)

-Its purpose is to restore property to the rightful owner. And to also deprive the convicted person
benefits of the crime. If the property cannot be forfeited or cannot be found, the court shall assess the
value of the property.

Section 31 penal code (Compensation)

Any person who is convicted of an offence may be adjudged to make compensation to any person
injured by his offence the compensation may be in addition to or in substitution for any other
punishment.

Section 32 penal code (costs)

A court may order any person convicted of an offence to pay the costs of and incidental to the
prosecution.

Section 33 penal code (security for keeping the peace).

This does not extend a period of one year.

RELATING THE PUNISHMENT PROVIDED FOR IN THE PENAL CODE WITH OFFENCES COMMITTED
UNDER FORCED MIGRATION.

Under Kenyan Citizenship and Immigration Act 2011

-Section 8(4) - it is an offence to refuse or not disclose dual citizenship within three months after it is
acquired. It attracts a sentence of 3 years’ imprisonment or a fine not exceeding 5 million or both.
-Section 9(7) any person who brings into Kenya, conspires assist or facilitate the abandoning of a child
with intention of conferring citizenship on the child commits an offence and is liable to fine not
exceeding 10 million or imprisonment for 10 years or both.

Under Refugees Act of 2021

-Section 33 (4) - a person who contravenes the provisions restricting persons entering a designated area
under section 33 commits an offence and shall upon conviction be liable to a fine not exceeding 200,000
or term of improvement not exceeding 5 years or both.

- Section 40(3) - a member of committee employee or agent of the department of refugee who
contravenes any provision of section 40 on confidentiality commits an offence and is liable on conviction
to a fine not exceeding 20,000 or imprisonment not exceeding 6 months or both.

Under the Prevention, Protection and Assistance to Internally Displaced Persons and Affected
Communities Act 2012.

-Section 24 - Any person who misrepresent themselves as an IDP or provides false information during
the status determination process or establishes an institution or camp of people pretending to be IDPs
commits an offence and is liable upon conviction to a fine not exceeding 5 million shillings or
imprisonment not exceeding 10 years or both.

point to observe.

-The above few offences have been given punishment which have been provided for in the penal code
i.e. sentencing and fines.

-No punishment or sentence has been given which has not been provided for in the penal code. We also
got to observe that some statue clearly states how long a punishment (sentencing) should be and how
much a fine should be paid- Abush Tamaske &Others vs R (2021)

-Two applications for criminal revision brought by two sets of accused persons seeking to review the
convictions entered and sentences in the following matters.

Maya chief magistrate E260/2020 issued by the Hon Millicent Nyiegi

Maya chief magistrate criminal E477/2020 issued by Hon C.K Obara

In both matters all applicant were charged with the offence of being unlawfully present in Kenya
contrary to section 53(1) and section 53(2) of Kenya Citizenship and Immigration Act.

-For E 260/2020 on 8 Nov 2020 Maua Meru road being Ethiopian citizens were found unlawfully present
in Kenya without valid document from immigration department.

-E477/2020 on 15th December 2020 Muatuati Meru country being Ethiopians nationals , were found
being unlawfully present in Kenya .

-In mitigation for criminal case E260/ 2020 some accused requested to be escorted back and others for
forgiveness.In E 477/2020 all accused person asked to be forgiven.
- The Magistrate convicted them to pay a fine of Ksh 100,000 in default to be sentenced to 6 months’
imprisonment. Once fine paid and or the sentence are served each accused to be repatriated back to
their home.

-The revision court upheld the judgement of the Magistrates.

-Methermi Zemi & others vs Republic ( 2021)

Ten appellants appeared before the senior principal magistrate at Busia charged with being unlawfully
present in the Kenya contrary to section 53 (1) and 53(2) of Kenya Citizenship and Immigration Act of
2011. It was alleged that on 14 July 2021 at around 18:30 hours at Joy Land Guest house within Busia
county being Eriterian nationals and not being excluded persons they were found unlawfully present in
Kenya without valid entry visa or permit. Each was sentenced to pay a fine if 100,000 or serve one-year
imprisonment in default an order was made for reparation to their country of origin upon completion of
the jail term or payment of fine.

-Being dissatisfied with the conviction they appealed .it was alluded that the appellants were victims of a
civil war in trigram region of the Ethiopia and Eritrea but there was no evidential confirmation of the
fact.

-In any event if the appellants were fleeing from their country to seek refuge in other countries then
they should have presented themselves to the UNHR or immigration officers at Busia border instead of
entering the country through " panya route" only to be flushed out from their hiding places by the police
acting on a tip off.

The appeal was dismissed in it's entirely.