Tuesday May 4, 2021
Press release:
We comprising of human rights and civil society organizations across Africa take this opportunity to congratulate Her Excellency Samia Suluhu Hassan, the sixth President of the United Republic of Tanzania and also welcome her on her two-day state visit to Kenya for bilateral talks aimed at strengthening the diplomatic relations between Kenya and Tanzania.
We acknowledge your stature as a progressive leader to the People of Tanzania, East Africa and Africa at large. As civil society organizations, we have confidence and faith in your leadership and the good example you continue to set.
Your Excellency, we African civil society actors from all walks of life, view the citizens of the United Republic of Tanzania as our brothers and sisters. We affirm that any concern arising from your country is our collective concern. From the interactions, reports and media highlights, we have come to learn and appreciate your recent move to release over 5,000 prisoners from prison, some of who were detained during the recently concluded electoral process in Tanzania. Indeed, you have shown the way for other African leaders to follow.
On the same breadth, from our partners in Tanzania, we have come to learn that, there may still be others including human rights defenders, journalists and political activists, who may still be incarcerated in prisons across Tanzania. It is our belief that they too were arrested in relation to Tanzania’s 2020 general elections. Attached is a list of about 100 who we fear may still be held in prisons.
Through this statement, we appeal to you, first as a mother, secondly as a civil society colleague and thirdly as the President of the United Republic of Tanzania, to consider releasing and or pardoning them. These request is keeping in-line with your government’s commitment to fulfill its obligations under international laws and statutes guarding human rights, rule of law and democracy.
We further appeal to you, to publicly denounce repression of human rights defenders, journalists and political activists. We request you to be the icon of fostering the growth of a human rights society, in Tanzania, East Africa and Africa as a whole.
Signed by the following organizations who trust and believe in your leadership.
2nd May 2021
For Immediate Release:
We, the Police Reforms Working Group-Kenya (PRWG-Kenya), are alarmed and utterly dismayed by the illegal arrest, detention, and killing of Collins, a youth from Mathare in Nairobi County on 29th April 2021. This is the latest killing of a Mathare youth allegedly by a most rogue police officer known as Baraza, who operates in Mathare and Pangani areas within Nairobi County.
Mathare Social Justice Centre (MSJC) meticulously documented Collins’ abduction in a timeline shared on Twitter. MSJC sent pleas for help to the National Police Service, the Inspector General of NPS, the Director of Criminal Investigations without recourse. MSJC made the following request on social media: –
Thursday 29th April 2021
Ø 3.38 pm, MSJC reported that Collins had been arrested by an officer known as Njoro. They explained that he (Collins) had witnessed the killing of another young man by the name of Dominic Kalema.
Ø MSJC identified a Toyota Probox Registration Number KCW 491N which is usually used by Baraza and his squad to detain and harm Mathare youth illegally.
Ø 5.41 pm, MSJC tweeted that Collins was in a Toyota Probox with the number plate KCW 491N, driven by Baraza and company, and was then parked in Pangani.
Ø 9.54 pm, Two more young men had been illegally detained in the Probox number plate KCW 491N — Kelvin Irungu and a friend. MSJC reported hearing that Collins may have been killed though they hoped for the best.
Friday 30th April 2021
Ø 1.11 am, MSJC confirmed that Collins was killed and his body taken to City Mortuary. Kevin Irungu and his friend are said to be still missing.
The Police Reforms Working Group (PRWG) has received a number of complaints against the same officer and others such as Ahmed Rashid of Pangani. We are shocked and perturbed that the duty bearers in the Ministry of Interior, the National Police Service and Independent Policing Oversight Authority (IPOA) have not taken steps to bring these officers to justice. We suspect that Baraza, Ahmed Rashid, Njoro and the other are serial killers in uniform.
According to the Missing Voices annual report, police officers killed 157 Kenyans in 2020 and forcefully disappeared 10 Kenyans in their custody. Collins is just one of the many cases of police killings that has continued unabated.
We demand swift action to end the reign of terror on Kenyan youth in Mathare and other informal settlements in Nairobi and across the country including Mombasa and Kisumu. Moreover, we demand the following:
1. The immediate arrest of Baraza, Njoro, and Ahmed Rashid for capital crimes, including abductions and executions committed against Collins and many others.
2. Public condemnation of extrajudicial killings by President Uhuru Kenyatta, CS Interior Dr. Fred Matiang’i and Inspector General of Police, Hillary Mutyambai.
3. The National Security Committee of the National Assembly to table a report outlining the action they are taking to curb the alarming rise in extrajudicial killings and enforced disappearances.
4. IPOA to institute urgent investigations to establish the whereabouts of Kevin Irungu and his friend alongside the circumstances that led to the death of Collins.
5. Police re-dedication to the rule of law where suspects of all crimes are arrested, prosecuted, and taken before courts of law. The same laws also bind police officers.
The PRWG-K wishes to remind the police and the government that the Constitution of Kenya 2010 guarantees the right to life, human dignity, security of the person, freedom from torture, rights of arrested persons, and fair trial. The security apparatus of Kenya is mandated to promote, protect, and fulfill these rights. A breach of these rights is an abdication of duty and illegality that we condemn in the strongest possible terms.
We wish to remind the State that the International Human Rights Law lays down obligations which States are bound to respect. By Kenya becoming a signatory to the Universal Declaration of Human Rights (UDHR) and other international treaties, it assumes obligations and duties under international law to respect, to protect and to fulfil human rights for all Kenyans. The obligation to respect means that Kenya must refrain from interfering with or curtailing the enjoyment of inalienable human rights.
The Kenyan Constitution, 2010 states that every person is equal before the law and shall enjoy equal protection by the law. All persons have the right to full enjoyment of essential rights and fundamental freedoms including the right to life and more.
As we conclude we also wish to let the police and the government know that we have noted with utter consternation the continued abduction, killing and disappearance of innocent citizens only to be found tortured and murdered as happened with the Kitengela quartet. As Members of the Police Reform Working Group we reassure the country that we shall not relent in our cardinal duty of pursuing human rights violations in our constitutional court as per the Constitution of Kenya, 2010 and International Human Rights law’s pronunciations on fundamental Human Rights.
This statement is signed on 2nd May 2021 by members of the Police Reforms Working Group-Kenya, an alliance of national and grassroots organisations committed to professional and rule of law policing. They include:
1.Defenders Coalition
2. Constitution and Reform Education Consortium (CRECO)
3. Amnesty International Kenya
4. HAKI Africa
5. Independent Medical-Legal Unit (IMLU)
6. International Centre for Transitional Justice (ICTJ-Kenya)
7. International Justice Mission (IJM-K)
8. Katiba Institute
9. Kariobangi Paralegal Network
10. Kenya’s for Peace, Truth and Justice (KPTJ)
11. Kenya Human Rights Commission (KHRC)
12. Peace Brigades International (PBI)
13. Shield For Justice (SJF)
14. Social Welfare Development Program (SOWED)
15. The Kenyan Section of International Commission of Jurists (ICJ Kenya)
16. Transparency International Kenya (TI-Kenya)
17. Usalama Reforms Forum
18. Wangu Kanja Foundation
19. Women Empowerment Link (WEL)
20. Social Justice Centres Working Group
21. Mathare Social Justice Centre
To the United Nations Human Rights Committee,
Chairperson of the United Nations Human Rights Committee
Dear Ms. Photini Pazartzis,
We, the undersigned non-governmental organisations in Kenya, write to you concerning the online review of Kenya on its 4th Periodic Report to the ICCPR. We express our appreciation to the UN Human Rights Council that pursuant to the letter dated 11th May 2020, we encouraged the UNTBs to undertake their mandated activities remotely where feasible, and the UN Human Rights Committee decided to hold a virtual review for Kenya on the 9th- 11th of March 2020. The Committee was able to ensure a safe and effective civil society involvement where this would have been a component of in-person sessions.
The review was important as the situation in the Country is witnessing a deterioration with respect to civil and political rights especially with the enforcement of measures put in place to contain the COVID-19 pandemic, hence the need to remind the government on their obligation under international law. The review’s concluding
observations are a clear reflection that our voices as civil society were heard and considered by the Committee. The Virtual session allowed a bigger number of NGOs to participate as they did not have to incur expenses related with travel to Geneva for a physical review as has been in the past. We recommend that this method incorporating both online and physical meetings thus making it more inclusive should be adopted moving forward.
The review was however not without challenges. The platform used for the review was very technical and not user friendly. This was also evident by the numerous technical difficulties occasioned during the review, and in particular the formal NGO briefing, which also led to loss of time. We recommend that the Committee should
consider using a platform that is friendly to everyone.
We urge the Committee to continue with the online reviews and for states and NGOs to participate in the review as it will be detrimental for rights-holders if the Committee, who are the only independent and expert monitors of the legally binding human rights treaties, are not able to execute their mandate during the COVID-19 crisis.
Sincerely,
Signatories
1. Defenders Coalition;
2. Haki Africa;
3. Kenya Human Rights Commission;
4. Law Society of Kenya;
5. Legal Resources Foundation Trust;
6. The Independent Medico-Legal Unit;
7. National Gay and Lesbian Human Rights Commission;
8. Refugee Consortium of Kenya;
9. Muslims for Human Rights (MUHURI);
10. Faraja Foundation;
11. International Center for Transitional Justice (ICTJ);
12. Stop the Traffik Kenya
13. Transparency International;
14. Article 19 East Africa;
15. Centre for Minority Rights Development (CEMIRIDE);
16. Center for Rights Education and Awareness (CREAW);
17. The Kenyan Section of the International Commission of Jurists (ICJ Kenya);
18. The Reproductive Health Network;
19. Kenya Ethical and Legal Issues Network.
Introduction:
The Defenders Coalition, which is the national coalition of human rights defenders in Kenya, is a national organization incorporated in the Republic of Kenya as a Trust. Its mission is to champion the safety, security and wellbeing of Human Rights Defenders (HRDs). Established in 2007, Defenders Coalition is the only national organisation that works primarily for the protection of HRDs.
In its Strategic Plan 2020 – 2025 which outlines the vision, ambition and strategies of realizing the same. The Plan, which is also aligned to global human rights instruments seeks to effectively reposition the Coalition in the rapidly changing environment especially in technology. The Coalition takes a holistic approach in its work geared towards a safe and secure environment for HRDs through an established rapid response mechanism, capacity building and knowledge management structures. To address concerns of HRDs is the core business of the coalition and thus works towards increasing their capacity in safety and security as well as their knowledge in the policy and legal environment within the human rights context as well as inclusion of technology.
Background:
The Defenders Coalition is currently running a project that focuses on empowering women human rights defenders (WHRDs) in five out of the forty-seven counties in Kenya. The two-year project seeks to result in strong community networks that will work towards addressing the challenges that exist within operating environment as well as document and give visibility to the work that WHRDs do in advancing human rights. The first year of the project has focused on organising the women into groups of thirty in each of the counties and sensitization sessions on safety and security held with each of the groups. In the second year, Defenders Coalition seeks to enhance the capacity of women with skills in risk assessment and reporting as well as monitoring, documentation and reporting. The skills development training is intended to result in a pool of trainers of trainers from among the WHRDs who will continue strengthening the capacity of other WHRDs at the community level.
The trained WHRDs are expected to utilise skills gained in monitoring and report from a gender perspective on incidents of human rights violations. Defenders Coalition hopes that the networks of WHRDs will reclaim their civic space for to promote human rights, protest injustices and demand good governance in a safe and secure environment.
It is on the basis of this background that Defenders Coalition seeks the services of a consultant who will be able to train the WHRDs on monitoring and Documentation from a gender perspective.
Scope of work:
Due to the challenges cause by COVID 19 pandemic and subsequent measures put in place by the government to manage its spread, Defenders Coalition seeks a consultant who will be in a position to;
All the three should put into consideration gendered-approach to monitoring and documentation. The training modules and materials will be discussed and approved by the Defenders Coalition team before the commencement of the training.
Deliverables:
Duration and Reporting
This assignment, which is a two-part assignment will be completed within two months.
A breakdown of how these days shall be utilised shall be reflected in the schedule of work discussed with Defenders Coalition at the stage of engagement
Profile of the Consultant(s)
The consultant(s) should have the following qualifications/expertise:
Interested applicants shall present to the Defenders Coalition both financial and technical proposal for the project. The technical proposal must cover all-important aspects of the project and the financial proposal should cover professional and support cost.
Application Procedure
Interested applicants who meet the job requirements and qualifications and with the right personal attributes are invited to complete and submit the following:
All applications should be sent to Defenders Coalition via: info@defenderscoalition.org and copy salome@defendercoalition.org and letion@defenderscoalition.org by Monday, May 3rd 2021. Quote “WHRD MDR Training” in the subject line of your email.
Mutemi returned to court today 20th April for the mention of the case. The ODPP ambushed the court with a proposal to withdraw the matter under Section 87.
The magistrate sought for reasons which were not forthcoming.
The defense opposed the ODPP application .
The magistrate concurred with the defense and made the following orders.
1. All orders imposed on 8th April revoked including cash bail to be refunded immediately, gag orders lifted and daily visitation to investigation officer stopped
2. No more harassment of Mutemi by police based on similar charges
3. Next mention 21 May to give further guidance including return of equipment confiscated by the police
Thank you Lawyers Haron Ndubi, Martha Karua (Hon), Khaminwa, partners, friends and Defenders Coalition Team for Standing with Mutemi Kiama
Aluta continua✊🏿✊🏿
PRESS STATEMENT
TO ALL EDITORS,
The Police Reforms Working Group has taken note of a documentary aired on Citizen TV on April 18th 2021 christened “Guns Galore”. The exposé revealed how rogue police officers promote crime by hiring their police operating gears: guns, uniforms, bulletproof vests, and handcuffs to criminals for as low as Ksh 1000.
The Police Reforms Working Group (PRWG-K) strongly condemns these criminal activities within the security sector, which undoubtedly degrade safety and security across the country.
Indeed, according to various reports by the Internal Affairs Unit and the Independent Policing Oversight Authority continue to reveal police involvement in criminal activities.
We, therefore, call on:
1. The Administration and National Security Committee of the National Assembly to conduct a public inquiry into the matter of police criminality highlighted in the expose;
2. The Internal Affairs Unit to immediately conduct thorough and impartial investigations of the alleged police misconduct with a view of bringing the culprits to book;
3. The Inspector-General of Police to conduct an independent national audit of police armoury system of movement of firearms and ammunition within the Service.
This statement is signed by members of the Police Reforms Working Group-Kenya, an alliance of national and grassroots organisations committed to professional and rule of law policing. They include the Kariombagi Paralegal Network, Women Empowerment Link, Social Welfare Development Program, Independent Medical Legal Unit, Katiba Institute,
Kenya Human Rights Commission, Defenders Coalition, Amnesty International Kenya, International Centre for Transitional Justice, The Kenyan Section of International Commission of Jurists (ICJ Kenya), Usalama Reforms Forum, Transparency International Kenya, Shield For Justice, Wangu Kanja Foundation, Peace Brigades International, Kenya’s for Peace, Truth and Justice, Constitution, Reform Education Consortium and HAKI Africa.
For more information and interviews contact Sarah Mwangi on smwangi@imlu.org or 0799258073
Situation of Human Rights Defenders in Kenya
Delivered by Francis Ndegwa, Advocacy Manager
Mr Chair, Honorable Commissioners and Fellow Delegates;
Human rights defenders (HRDs) play a critical role in society in the protection and promotion of human rights which is integral to the success of this commission and human rights instruments in various levels.
Since the last session of this Commission, the National Coalition of Human Rights Defender sin Kenya, which is popularly known as Defenders Coalition, has been monitoring the situation and operating environment of human rights defenders in Kenya and would like to bring the attention of the commission the following issues on their shrinking civic space and safety concerns:
Due to the COVID 19 mitigation measures introduced by the government of Kenya since March 2020, there continues to be sustained limitations to freedom of association and attacks on institutions and minority groups.
On 7th April 2021, Police invaded the Communist Party of Kenya offices and arrested 12 people among them HRDs who were organizing for a demonstration against locking down the country without relief measures to cushion Kenyans against the effects of COVID 19. They accused the party of organizing a demonstration against the government guidelines in combating the spread of COVID 19 pandemic.
There continues to be attacks against the LGBTQ+ community with some influential quarters blaming them on the outbreak and spread of COVID 19. Such assertions have left SOGIE HRDs and SOGIE organizations, who are at the forefront in defending the community, vulnerable to attacks that include break in to their offices and homes, threats, intimidation and evictions from their residences.
Further, in light of severe restriction of the right to assemble, individuals that resorted to use different forms of expressing their concerns, especially social media platforms, were targeted for arbitrary arrests and malicious prosecution. The Computer Misuse and Cybercrimes Act was severely used to criminalize bloggers, journalists and members of public that used this platform for advocacy
Freedom of the media, information and expression continue to be one of the vulnerable areas for HRDs as this means their power to communicate is being stifled.
Increased attacks on HRDs continued to be recorded within the period with article 37 on the right to peaceful assembly recording the highest number of violations. The period saw 37 HRDs arrested and charged with, amongst others, contravening COVID regulations. This came after HRDs attempted to speak against human rights violations occurring in the country with regards to misappropriation of COVID funds and institutional malpractices.
HRDs working on environmental rights, holding businesses and corporations into account, and those working on land matters found themselves in constant conflict with the law. Arbitrary arrests, and prosecution arising from trumped charges was regularly used against HRDs in Murang’a, Kilifi and Kwale counties. A National Lands Commission official, who was key witness in a corruption related matter was found murdered on 15th March 2021.
On 8th December 2020, an activist from Njoro – Nakuru County, Paul Ndirangu[1] was found murdered and his body dumped in Ndarugo River in Nakuru. He had earlier on reported two cases of threat to his life in the area police station. Although the directorate of criminal investigations claimed they had commenced investigations to the case, there has been no reported progress in the investigations. The HRD community is apprehensive that the state has no intentions to arrest and hold the killers of the HRD to account.
Missing Voices Coalition has documented various cases[2] of enforced disappearances and extrajudicial killings of people during in the enforcement of law and government directives. This has created an environment of fear among HRDs with serious impact in the promotion and protection of human rights in the country.
Independent commissions like the Kenya National Commission on Human Rights (KNCHR) mandated to hold the government accountable on the protection and promotion of human rights, continues to operate without commissioners and with limited funding.
Recommendations:
[1] Defenders Coalition Urgent Appeal on the Killing of Paul Ndirangu: https://defenderscoalition.org/urgent-appeal-for-action-on-the-murder-of-activist-paul-ndirangu-kioi-of-njoro-posta/
[2] Missing Voices 2020 Annual Report; The Brutal Pandemic: https://missingvoices.or.ke/mvoicesarticle/the-brutal-pandemic-report/
8th April 2021
For Immediate Release
Kiama, an activist, was arrested by 5 police officers during odd hours of the evening on 6 April for publishing infographics and joining the #IMFStopLoaningKenya conversation on Twitter. On 7 April, the DCI filed a miscellaneous application to detain Kiama for 14 days pending investigations on alleged contravention of Section 22 of the Computer Misuse and Cybercrimes Act of 2018. Kiama spent another night in detention at the Central Police Station awaiting the ruling on the application which was set for 8 April 2019.
Today morning, the Court dismissed the application to detain him, however, in an unclear turn of events, the court proceeded to issue punitive orders which violate Kiama’s right to free speech and freedom of association and online assembly. The Court directed that Kiama’s social media accounts be blocked, and barred him from expressing himself on matters relating to COVID-19 loans.
The court also directed that Kiama appears before the investigating officer at the Department of Criminal Investigations every day until 18 April 2021, and slapped a punitive KES.500, 000 (USD 4,575) cash bail, despite there being no formal charges levied on Kiama. The matter will be heard on 20 April. It is noteworthy that Kiama is still being detained at the Central police station due to his inability to raise the inordinately set cash bail.
This is the second time, within 10 months, that Kiama is being targeted and arbitrarily detained for his social media activism and expressing himself on political, social accountability, transparency and economic rights issues. It is also the second time that Kiama has been threatened with charges under Section 22 of the Computer Misuse and Cybercrimes Act, 2018, a notoriously problematic provision which grants authorities disproportionate powers to stifle legitimate expression.
curtail the work of human rights defenders and whistleblowers, especially bloggers, in the country. This, coupled with punitive cash bail and bond terms, seems to be gagging the work of human rights defenders in the country. It is extremely concerning that the judiciary is embracing judicial tyranny as it seems to be an accomplice in this regression when the magistrate in the Kiama case reasoned that the respondent should report daily at the police station to assist the police investigations. This should never be the case in an open and democratic society,” said Kamau Ngugi, Defenders Coalition Executive Director
“State-sanctioned intimidation and harassment of activists who use online and offline tools and platforms to protest and express themselves, using creative and artistic tools, on social and political issues must become a knee-jerk reaction of the past. The State is attempting to water down the sanctity of the right to protest and the right to freedom of political expression, but their primacy in the Constitution cannot be shifted,” said Mugambi Kiai, Regional Director at ARTICLE 19 Eastern Africa.
“The President of Kenya must acknowledge and respond to the concerns of people residing in Kenya, including concerns over the use and management of COVID-19 pandemic resources. Under international law, public officials must tolerate a greater degree of criticism from the public compared to ordinary citizens. The government must take proactive steps to ensure transparency and accountability in governance and general state affairs,” continued Mugambi Kiai.
“The constitution guarantees every Kenyan the right to express themself on issues affecting them, including the right to contribute and criticise the government on policy and governance issues. The court order gagging Mutemi from commenting on Kenyan loan sustainability is an unjustifiable limitation to free expression, public participation and online protest,” said Irungu Houghton, Amnesty Kenya Executive Director.
“Since the onset of the COVID 19 pandemic in the country, we have witnessed deliberate efforts to
Defenders Coalition, Amnesty Kenya and ARTICLE 19 Eastern Africa call on the Kenyan government, and the President directly, to ensure that Kiama is immediately released from detention, and any proposed charges restricting his ability to contribute to public discourse are dropped. Moreover, the Judiciary should desist from being used as a tool to stifle freedoms and human rights.
For more information, please contact:
Kamau Ngugi, Executive Director at info@defenderscoalition.org
Mugambi Kiai, Regional Director at mugambikiai@article19.org
Demas Kiprono, Campaign Manager at demas.kiprono@amnesty.or.ke
Our story for 2020 is not one of drastic changes to the world we live in, but of our response to ongoing challenges we face. Time and again we saw with adept demonstration how resilient, creative, and adaptable human rights defenders can be in the face of
repression and mutation of risks. The challenges are well known: criminalization of HRDs work through perpetual intimidation, harassment, imprisonment, detention, enforced disappearances, threats, digital shaming, punitive justice administration processes, systematic implementation of restrictions to fundamental freedoms and a deepening shift in the narrative on human rights defenders from protector of the people to enemy of the state.
The Covid-19 pandemic amplified some of these challenges while contributing to even more challenges within the operating environment for HRDs. We don’t accept this challenging environment for human rights as the new normal, but, we acknowledge the need to develop ways to achieve our goals within it.
The key is in how we adapt, how we resist, and how we use the power of solidarity within our networks and establish strong movements that not only respond to the situation of HRDs, but also set the human rights agenda. The vibrant communities and partnerships we have fostered for the last one decade through the different fora and auspices of engagement demonstrated the strength of their potential. Together, we were visible and we increased our cooperation in advocacy, capacity building and in protection, thus setting the stage to meet the challenges we face.
We can proudly highlight the following key milestones mad enduring the year 2020: Looking to the long term, we took ownership in our response to worrying trends – reaching out to new and existing partners to build coalitions, and laying the foundations for engagement in our joint case studies, reports, and events.
At our launch events and submissions to regional and international watchbodies, we united with different multi-level stakeholders through joint statements and recommendations to the relevant duty bearers. We also used our combined networks to make sure HRD voices are heard across the world. These included submission to the UN Convention Against Torture (UNCAT) two shadow reports to the African Commission on Human people’s rights and a statement during Kenya’s UPR report adoption at the 45th Human Rights Council Session in Geneva. We also looked to a joint response to the shrinking civic space in Kenya as more and more freedoms are under threat in the guise of implementing Covid-19 measures. We challenged regulations, practices and actions aimed at drawing pushbacks on the civic space, specifically the freedom of expression, association and assembly.
In the same spirit, we launched a case digest report dubbed “They Keep Coming After Rights Defenders” to highlight trends on human rights defenders and the law in Kenya. The report is a basis for advocating for a just and fair legal and judicial processes for HRDs seeking their services. Besides joining forces to address international trends, aligning with technological advances and needs of HRDs, we came together in areas such as human rights education and capacity building.
Through the newly launched Defender Coalition E-library, HRDs can now access resources necessary to enhance their capacities at the click of a button. Further, we held 24 physical capacity building activities which culminated to the Annual weeklong HRD Academy in November 2020, where 100 upcoming HRDs were brought together to network, debrief and equip them with necessary skills.
Having re-thought the sustainability of the work of defending rights in Kenya, we have made huge strides in advancing and instilling the same among HRDs through the #ClimbForJustice Campaign. Over 800 fitness enthusiasts and supporters of our work have hiked different destinations to speak against human rights violations as well as raise funds for setting up a HRD hub. We are thankful
1. We watched over the backs of 400 HRDs who were at risk due to their work. We equipped them with skills to continue doing their work effectively and without fear
2. We equipped HRD networks with skills to be effective first responders within their communities during Covid-19 pandemic
3. The presence of Defenders Coalition as the spokesperson for HRDs served to denounce and resist harmful actions on the environment of HRDs, and keep the perpetrators on toes (both state and non-state)
4. Defenders Coalition had a 100% success rate on mitigating torture and detention among HRDs who were criminalized because of their work
5. Defenders Coalition successfully mobilized critical partners to jointly engage in advocacy over pressing human rights issues in Kenya
6. Defenders Coalition successfully build protection pathways for HRDs at the most remote corners of the country with national, regional and international systems and actors coming on board to protect HRDs
7. Defenders Coalition innovatively responded to humanitarian and resilience need to HRDs and CSO organizations during Covid-19 pandemic
SUMMARY OF THE UPDATED REPORT ON THE IMPACT OF COMMUNICATION SURVEILLANCE ON HUMAN RIGHTS DEFENDERS IN KENYA
Read the Swahili version of the report here
The right to privacy is considered a fundamental right and is protected in law across the world including Kenya as is detailed in the Bill of Rights. It denotes “that are of individual autonomy in which human beings strive to achieve self-realization alone or together with others.” The UN Human Rights Special Rapporteur on Freedom of Expression has presented privacy as the ability of individuals to determine who holds information about them and how that information is used.
As for the UN Human Rights Committee, privacy, as envisioned in the International Covenant for Civil and Political Rights, refers to “a sphere of a person’s life in which he or she can freely express his or her identity, be it by entering into relationships with others or alone.” The right to privacy encompasses information privacy, bodily privacy, privacy of communication, territorial privacy, and surveillance.
Numerous Kenyan HRDs have raised concerns about their mobile phones being tapped and their communication intercepted.5 Due to the negative implications on their security and that of their family, these experiences have had a chilling effect on the exercise of their rights and freedoms of expression, association, and assembly. It is essential to ensure that HRDs are not the subject of unlawful surveillance practices and that they are able to do their work without fear of snooping by anyone is of paramount importance.
Due to the constitutional and statute-based protection of private communications in Kenyan law, lawful surveillance must meet minimum standards provided in law necessary in a democratic society to achieve a legitimate aim. Individuals must be protected against arbitrary interference with their right to communicate privately. When a government wishes to conduct communications surveillance, it must only be done in accordance with the law7. In CORD v Attorney General (supra) it was held that “…surveillance in terms of intercepting communication impacts upon the privacy of a person by leaving the individual open to the threat of constant exposure. This infringes on the privacy of the person by allowing others to intrude on his or her personal space and exposing his private zone.”
This report analyses the needs, concerns, and areas of interests for HRDs in relations to privacy, data protection, and communications surveillance. It also establishes how surveillance impacts HRDs work and their role as actors of change in society. Human rights work demands use of communication tools ranging from face-to-face, traditional communication mediated tools like telephone and now, digital tools. All these provide varied degrees of risk, which are also specific to the work the HRDs are engaged in, as well as contexts. Examining the risk levels based on these specifics as well as finding the best suited measures will be important for continued HRDs protection. Lastly, the report offers recommendations to various actors including HRDs to assist them in development of intervention and advocacy strategies.
Key findings:
The report captures a number of findings a:
HRDs are concerned about the safety and privacy of their personal and work related information. However, there are varying outcomes on the different apprehensions with gaps between concerns about online surveillance and the actual practice of information sharing.
Majority of the HRDs though aware of the Data Protection Act are not well acquainted with its provisions and implications, including the role of the Data Commissioner.
Majority are concerned that the data collected as part of measures to address COVID-19 pandemic is not in safe hands of the government or corporates.
HRDs are suspicious of the biometric data collected by the National Integrated Information Management System (NIIMS) or huduma number.