PRESS RELEASE: OBSTINATE VIOLATIONS OF THE RIGHT TO PEACEFUL ASSEMBLY PERSISTS, OPENING A NEW FRONTIER OF SAFETY RISKS TO HUMAN RIGHTS DEFENDERS IN KENYA
Nairobi, 7 th July 2021
Defenders Coalition strongly condemns the arrest and incarceration of nine (9) Human Rights Defenders (HRDs)- Wilfred Olal, Erick Omuono, Erick Andati, Julius Kamau, Bosire Micheka, Mohammed Ismael, Kennedy Onyango, Wendy Wakesho, Boniface Muranda in the morning of 7th July 2021 at the Central Business District of Nairobi.
The five were arrested by arrest-and-violence-thirst police officers who took them to different police stations. five (5) were taken to City Hall Police station, One (1) to Kamukunji Police Station and three (3) to Central Police Station. The nine were picked from hundreds of other human rights defenders who were taking part in a peaceful assembly to commemorate Sabasaba March themed #SabaSabaMarchForOurLives and #JobsOrRevolution.
Worryingly, is the manner in which the gatherings to commemorate the day were dispersed. Violence in the form of tear gas was meted at other peaceful assemblers who had to scamper for safety.
Defenders Coalition in partnership with the Kenya National Commission on Human Rights and Kenya Commission on Human Rights have ensured the release of the arrested HRDs. Defenders Coalition provided both legal representation and cash bail for all, KHRC supported the legal representation of those arrested and detained at City Hall and KNCHR offered legal representation for those who were detained in Central Police.
The arrested HRDs now face trumped up charges including contravening the Public Order (State Curfew) Order 2020 and are to appear in court for the mention of their cases on 25 August 2021. Two of the three HRDs detained at Central Police have been released after paying cash bail and are expected to report back to the said police station on 8 July 2021. The HRD detained at Kamukunji was released without any charges preferred against him. However, Boniface Muranda (Detained at Central Police station) will remain detained due to “orders from above” and by the virtue of providing a vehicle that provided public address and roadshow services to the HRDs.
The Executive Director of the Defenders Coalition Mr. Kamau Ngugi has noted that the Public Order (State Curfew) Order 2020 is now the most preferred tool for arbitrarily arresting human rights defenders to intimidate, harass and delegitimize their work of promoting human rights in Kenya.
“The unprovoked arrest and violent dispersion of peaceful arresters has become a norm among security agencies in recent months. Similar arbitrary arrests of HRDs were witnessed in January where four HRDs were arrested in the middle of reading a press statement on the situation of human rights in Uganda elections”
Defenders coalition also notes that security officers have blatantly refused to give security to peaceful protestors even after notifying them of upcoming peaceful assemblies and as required by the law.
In January 2021, HRDs Mr. Khalid Hussein (Executive Director of HAKI Africa), Ms. Beatrice Waithera and Mr. Ojiro Odhiambo were arrested for organizing a press conference at Uganda House to call on the Ugandan Government to denounce Ugandan police brutality, electoral injustice, to respect international Human Rights law and laws of Uganda during the presidential ballot in Uganda. The three were charged with unlawful assembly.
on 7 July 2020, 63 HRDs from various social justice centres across Nairobi who had staged a commemorative event of the Sabasaba and to reflect on the dissident conduct of the government towards the adoption of one of the most progressive constitutions in the world were similarly violently arrested and charged with contravening public order regulations.
On June 9 2020, Collins Ochieng and Samuel Gathanga of Ruaraka Social Justice Centre, were arrested and detained at the Central Police Station. They were arrested by police officers shortly after delivering a petition to Parliament regarding police brutality within informal settlements in Nairobi. The two were booked in with charges of failure to keep social distance and failing to wear face masks contrary to the directives given for managing spread of COVID-19.
Sabasaba is a day from 31 years ago when gallant Kenyas brazed teargas, beatings, injuries, torture to say no to dictatorship by Marching to Kamukunji grounds to call for liberation from the then ruling regime. The charges were later dropped as they were malicious.
Defenders Coalition is concerned that intimidation and harassment of rights defenders is becoming the norm in Kenya despite assurances by senior police and government officials of cordial engagement between police carders, ordinary citizens and rights champions.
Defenders Coalition calls on :
DEFENDERS COALITION
*ENDS*
Photos Courtesy @IMLU
To Permanent Representatives of Member and Observer States of the United Nations (UN) Human Rights Council (Geneva, Switzerland)
12 May 2021
Multilateral action is needed to address the human rights crisis in Cameroon.
Excellencies,
We, the undersigned civil society organisations, are deeply concerned over ongoing grave human rights violations and abuses in Cameroon. Ahead of the Human Rights Council’s (“HRC” or “Council”) 47th session (21 June-15 July 2021), we urge your delegation to support multilateral action to address Cameroon’s human rights crisis in the form of a joint statement to the Council. This statement should include benchmarks for progress, which, if fulfilled, will constitute a path for Cameroon to improve its situation. If these benchmarks remain unfulfilled, then the joint statement will pave the way for more formal Council action, including, but not limited to, a resolution establishing an investigative and accountability mechanism.
Over the last four years, civil society organisations have called on the Government of Cameroon, armed separatists, and other non-state actors to bring violations and abuses1 to an end. Given Cameroonian institutions’ failure to deliver justice and accountability, civil society has also called on African and international human rights bodies and mechanisms to investigate, monitor, and publicly report on Cameroon’s situation.
Enhanced attention to Cameroon, on the one hand, and dialogue and cooperation, on the other, are not mutually exclusive but rather mutually reinforcing. They serve the same objective: helping the Cameroonian Government to bring violations to an end, ensure justice and accountability, and fulfil its human rights obligations. In this regard, the establishment of cooperation between the Office of the UN High Commissioner for Human Rights (OHCHR) and the Government of Cameroon, following High Commissioner Michelle Bachelet’s May 2019 visit to Yaoundé,2 and building on the capacity of the OHCHR Regional Office for Central Africa (CARO),3 is a step forward.
However, since a group of 39 States delivered a joint oral statement to the HRC during its 40th session (March 2019), and despite the High Commissioner’s visit, the holding of a national dialogue, and OHCHR’s field presence, violations have continued unabated. Some of the violations and abuses committed by Government forces and non-state armed groups may amount to crimes under international law. Impunity remains the norm.
In the English-speaking North-West and South-West regions, abuses by armed separatists and Government forces continue to claim lives and affect people’s safety, human rights, and livelihoods. The grievances that gave rise to the “Anglophone crisis” remain unaddressed.4 In the Far North, the armed group Boko Haram continues to commit abuses against the civilian population. Security forces have also committed serious human rights violations when responding to security threats. In the rest of the country, Cameroonian authorities have intensified their crackdown on political opposition members and
To nominate online lick here Nominate a HRD Now
To download the nomination form click here Nominate a HRD Now
INTRODUCTION
Civic space in Kenya continues to be under pressure as a range of actions is being directed against the work of Human Rights Defenders (HRD) and Civil Society Organizations (CSO) in Kenya. Physical attacks, criminal and administrative actions, reprisals, legislative restrictions, negative rhetoric and limitation of human rights have undermined the constitutional and international protections available to HRDs.
It is against this backdrop that the Working Group on Human Rights Defenders in Kenya, which brings together CSOs, the UN and development partners concerned with the protection of HRDs, is organizing the fifth edition of the HRD Awards on the 26th of November 2021. The aim of the ceremony is to honor and publicly recognize the important work of HRDs in Kenya, by giving out awards to men and women who have demonstrated courage, innovation and impact in the promotion and protection of human rights and fundamental freedoms. The awards are presented in three categories: the Munir Mazrui Lifetime Achievement Award, the Human Rights Defender of the Year Award, the Upcoming Human Rights Defender of the Year Award.
THE OBJECTIVES
The objectives of these awards are to:
SELECTION PROCESS
The Working Group on Human Rights Defenders in Kenya develops a call for nominations, which is then widely circulated by the National Coalition of Human Rights Defenders in Kenya (also referred to as Defenders Coalition) and other partners. This call outlines the criteria for eligibility for nomination. Individual HRDs can be nominated in the three categories.
A panel comprised of missions and organizations involved in the planning of the HRD Awards then shortlists five individuals per category within the set-out guidelines for shortlisting candidates.
The panel verifies the HRD’s human rights work through field visits, and interviews with the nominators, the nominees and their references.
The Independent Selection Panel, which comprises of eminent individuals in the human rights sector, makes a final decision, from the names submitted, on the recipient of the three awards and the runner up.
Will be held on the 26th of November 2021 in the presence of CSOs, the UN, the government, selected HRDs, representatives from the international missions, and the media who will cover the event.
SELECTION CRITERIA
The following will be taken into consideration:
AWARD
The winners will receive:
WITHDRAWAL OF AN AWARD
The Selection Panel can revoke an award given to past winners if they violate human rights or go against the selection criteria of the HRDs Awards after being awarded.
To nominate your favorite HRD, download the nomination form here
All nomination forms should be sent back to the Defenders Coalition via advocacy@defenderscoalition.org with a clear subject line “HRD AWARD NOMINATION” by the 31st of July 2021, 11.59 P.M
DEFENDERS COALITION SOLIDARITY STATEMENT ON THE 2021 IDAHOBIT CELEBRATIONS
17th May 2021
The 2021 IDAHOBIT celebrations have come at a time where SOGIE HRDs and organizations are mourning and alarmed of their safety and security. Defenders Coalition is concerned about the recent killing of a respected human rights defender in the coast region, Joash Mosoti. We condemn this act and witnessed rising insecurity amongst SOGIE HRDs and organizations in the country. We pass our condolences to the immediate family, friends, HAPA Kenya and all organizations affiliated with Joash. We extend our solidarity and support to you during this difficult moment.
Since 17th May 2020, Defenders Coalition has responded to more than ten cases comprising of SOGIE organizations office break-ins, home break-ins, physical injuries, negative profiling forced evictions and threats to HRDs across the country. These paints a gloomy picture in the recognition of the important work carried by HRDs to respond to the needs of their community members.
The effects of COVID 19 have also affected individual HRDs family life. In our monitoring of the situation of HRDs during the pandemic, there has been reported domestic and gender-based violence that has resulted to family disintegration and targeted attacks to HRDs. COVID 19 has also seen some organizations miss out on funding for their projects and activities. This has seen some of the organizations close down, scale down their interventions and also delay in responding to human rights cases reported to them. We have also noted with the rising scapegoating instances both physical and online platforms.
The witnessed delay by the government to acquire and disburse ARVs has been an up hill task for SOGIE organizations and HRDs who have been at the forefront to support people living with HIV/AIDS. This has created a mistrust between the organizations and their clients, something that has affected service delivery in this sector.
However, despite all this challenges, we cannot fail to celebrate the successes and good practices witnessed in the past year. We recognize the agility of organizations and individual HRDs rise to occasion to mitigate the effects of COVID 19 in their communities. Whereas some out of the way to do personal donations and humanitarian support for the SOGIE community, some went online to fundraise and highlight the situation of their communities.
We celebrate organizations that went ahead to organize webinars, entertainment and online games that kept their staff, volunteers and supporters engaged during the lockdown, curfews and restrictions to in person gatherings. We also recognize organizations that initiated income generating incentives for their members and other social-economic activities that kept them engaged and also creating community ownership.
In addition, we cannot forget the great work done by organizations who initiated a free toll number for counselling and wellbeing activities in their area of work. We appreciate your support, solidarity and hospitality to colleagues, peers and community members who are suffering repression in their countries. This affirms your commitment to ensuring a safe and conducive environment for the LGBTQ+ communities across board.
These successes indicate that we care about each other and are willing to stand in for our communities. In line with this year’s theme: “Together: Resisting, Supporting, Healing, Defenders Coalition wishes to affirm our support to the noble work done by SOGIE HRDs and organizations through strategic engagements/interventions, rapid response and advocacy initiatives led by the movement. We are just a call away in fulling the mandate you have bestowed on us of ensuring safety, security and wellbeing of HRDs in Kenya. VIVA!
POWER OF MERCY- CHALLENGES FOR BENEFICIARIES
What factors should be considered prior to release of an offender through the power of mercy?
When offenders leave penal institutions on any ground, whether through completion of sentences or through power of mercy; they face important challenges. The following presentation focuses on important issues that should be considered when the Power of Mercy Advisory Committee (POMAC) considers petitions by offenders in penal institutions.
In Kenya, police clearance certificate also referred to as the certificate of good conduct issued by the Directorate of Criminal Investigations (DCI) is a very important document since it determines ones suitability to be employed and enjoyment of other important social, economic and political opportunities. The certificate is generated based on the past criminal records as determined by existence or non-existence of archived finger-print database.
Lately, the certificate of good conduct has become a source of pain especially for people who may have come into conflict with the law despite interventions done by various actors including the Probation and Aftercare Services and Civil Society Organizations (CSOs).
Due to the growing concerns raised by the affected, it has thus emerged that there is a need to critically analyze the situation and come up with strategic actionable proposals that will ease the process of acquiring the certificate of good conduct devoid of unwarranted details obtained from the DCI database.
Background of good conduct certificate.
The history of police clearance certificate goes back to the colonial period when suspected offenders would have their fingerprints taken and archived by authorities. This was continued by the subsequent regimes in the post-colonial period whereby someone’s history in relation to conflict with the law could be archived and retrieved in case of any need.
The certificate of good conduct has its basis on the premise of the constitution and other legal framework which governs the criminal justice system, especially the need to establish a previous conviction during sentencing. These include the Judicial Service Act and a raft of other policies such as sentencing policy, bail and bond policy, among others. The Judiciary works with other agencies that are guided by relevant statutes such as Penal Code, Probation of Offenders Act, Prison Act, and Kenya Police Service Act among others.
The Directorate of Criminal Investigations (DCI) under the National Police Service (NPS) keeps the historical data of past offenders; which is used to determine the entries to be made in the certificate of good conduct as indicated in section 55 of the National Police Service Act. Further, the National Police Service on their website inform the public that;
A certificate of good conduct means that the particular Kenyan holder has been searched in the criminal records of Kenya, and no criminal record has been traced. The validity of a certificate of good conduct is based on the information provided as from the date of issuance of the certificate.
Though acquiring a certificate of good conduct in Kenya has eased over the years, it still remains a challenge to many Kenyans. The matter is further complicated by the fact that if one has been in conflict with the law, the certificate captures the details of the offences committed. This makes it difficult for holders to acquire employment opportunities and other state and non-state social and economic opportunities whether they are released after the end of the sentence term or are beneficiaries of power of mercy.
Aside from the good conduct certified clearance, other challenges include; (i) restorative Justice and mediation taking in account the family, victim, community and offender, (iii) Mental health assessment of the offender at pre-release stage, (iv) offender rehabilitation and psychosocial support at pre-release and after prison (who follows up?)
There have been cases where a person released through power of mercy faces challenges associated with stigma. The good intentions of POMAC are at times affected by such hostility and this promotes recidivism which further complicates the situation.
Post penal period is associated with great mental anguish because so much usually has changed during the period of incarceration. In the current set up, there is no follow up mechanism in place for those who leave penal institutions through POMAC. When pardon has been granted; there seems to be no legal basis to continue such follow up.
The impact of the foregoing challenges can summarized as follows:
We hold that in as far as that certificate bears records of past offences even after pardon, or completion of a sentence it aggravates exclusion of the holder to fully achieve the intentions of pardon or any other decision arising through power of mercy.
Understanding that there is great need to support those who leave the penal institutions on completion of sentences or through power of mercy; we propose the following remedies:
Anyone leaving a penal institution has undergone some level of correction or intervention to correct the past wrongs. Consequently, the legal or policy framework;
Conclusion
The release of an offender from a penal institution on pardon or recommendation under power of mercy begins a process in restorative justice. The process may be informed by the offender’s willingness to take responsibility for harm done to the victim or society and may provide opportunity for the parties directly affected by the crime – victims, offenders and communities to identify and address their needs in the aftermath of a crime.
Penal release may also be proof that rehabilitation has taken place and a confirmation that the offenders being released into the society are reformed persons and hence the need to offer them all the necessary support. We submit that POMAC has the opportunity to accelerate these gains by adopting our recommendations.
Signed and submitted by the following organizations: