Defenders Coalition paid a courtesy call to Shinners C.B.O in Kisumu on 17th august 2020 and held bilateral discussions on the status of Human Rights Defenders in the Western Kenya Region especially during these unprecedented times. Shiners CBO is a youth -led that targets young men from the age of 18 years and above with Sexual and Health rights, economic empowerment Advocacy and promotion of human rights and professional development interventions.

This comes at a time when we just celebrated the International Youth Week, with the theme ‘Youth Engagement for Global Action” and seeks to highlight the ways in which the engagement of young people at the local, national and global levels is enriching national and multilateral institutions and processes, as well as draw lessons on how their representation and engagement in formal institutional politics can be significantly enhanced.
Defenders Coalition will continue to broaden collaboration and partnerships to ensure equitable, broadened and strategic partnerships that will ensure exemplary execution and delivery on its mandate.

Figure 1: Kamau Ngugi with Polycarp Okeyo of Shinner CBO 

Later, Defenders Coalition was in solidarity with 4 human rights defenders from Nyando Social Justice Centre who were appearing before the Nyando Law Courts and facing malicious criminal charges.  The Defenders Coalition will continue to offer legal representation, bail and bond for HRDs facing trumped up charges as a result of their work.

The quest to strike partnerships, support and enhanced collaboration Defenders Coalition further held bilateral discussions with OKETHA CBO that works with women and girls at risk of Sexual and Gender Based Violence, to access justice and counselling services. The CBO expressed a sense of a tough time for them during COVID19 pandemic as the increased  frequency of  violations against young girls and women who have been force to stay at home. The discussions focused on how Defenders Coalition can support OKETHA CBO offer much needed intervention to the vulnerable women and girls during this challenging times.

Defenders Coalition further visited NYARWEK to strengthen relations and partnerships aimed at supporting sexual and gender minorities from the region.

As corona virus pandemic continues to ravage the country leaving behind a trail of uncertainity, death and fuelling gross violation of fundamental provisions within our constitution, threats against individual human rights defenders and organizations continue to be on the rise. Defenders Coalition visited HOYMAS, an organization that serves male sex workers, young men and MSM with practical knowledge on safe sex, preventive materials distribution, general information and also economic empowerment.

The organization faces challenges including stigmatization and reduced funding, a factor that has rendered the delivery of their services almost impossible.

Defenders Coalition conducted a security audit for the CBO and helped install a security system to bolster both the safety of the organization’s staff and that of their premises. The support was extended on 15 August 2020.

Defenders Coalition partnered with the Social Justice Centres Working Group and the German Agency for International Cooperation (GIZ) in a  project dubbed Paomoja Tuangamize Corona Campaign that was implemented throughout the month of July. 

Figure 1.1 Grafitti and murals erected on strategic wall in different regions across communities to create                       awareness on Covid-19 to spark conversations on its awareness.

The campaign was launched on July 3 in Dandora Community justice Centre to address the novel Corona Virus Disease 2019 (COVID-19) pandemic which has severely disrupted lives and caused massive unprecedented destruction across the World, leaving great loss and grief in its trail. It is not clear how long this would last but economists project that its social and economic impact could last the rest of the year.

Focussing on a participatory approach towards the response on Covid-19, the campaign brought together  the social justice movement and human rights defenders from the grassroots across the country to address the disproportionate economic disruptions, access to information, basic food stuffs, livelihoods and most importantly mainstream the human rights implications within communities.

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Figure 1.2: Forums conducted by justice centres movement to sensitize communities on wellness during

                Covid-19 pandemic in Githurai and Dandora Justice Centres respectovely

Based on reports from monitors from across the country, it was evident that rights violations have increased in the grassroots but lacked a platform/goodwill to be addressed. Coronavirus disease has only made it worse. The campaign therefore, has been on the forefront condemning, creating awareness and calling to action of relevant stakeholders to embrace a human rights based approach while resounding to Covid-19.  

The measures put in place by the government to curb the spread of covid-19 have had a diverse impact on the lives of Kenyans. Those at the bottom of the social classes have been the worst hit. 

The virus has caused death, injuries and grief for communities, particularly those living in the informal settlements and vulnerable populations. Government efforts to contain the pandemic including encouraging citizens to stay at home, banning all public and social gatherings and the a nationwide curfew between 7pm to 5am (has since been altered) to be observed by all citizens except for select institutions and professions classified as essential service providers as well as restricted movement across cities with high prevalence of infection, namely Nairobi, Mombasa, Kwale and Kilifi have further disrupted the informal economy, destroying small businesses and rendering many community members destitute

The campaign had a reach to the following justice centre; Dandora Community, Mathare, Ruaraka, Korogoch Justice and Information Centre, Githurai, Ghetto Foundation, Kayole, Mukuru, and Kiamaiko Justice Centres through graffiti, alternative messaging and community radio conversations.

Others that ensured the success through a fast tracking implementation of the campaign are Kibera, Kiambiu, Alqamar S,Makadara Social Justice Centre, Kamkunji, Kamkunji Youth Empowerment Network, Kariobangi, Elengatawas, Kondele, Voi, Vihiga, sisters for Justice, Busia, Chemilil, Changamwe and Magharibi Social Justice Centres. 

The campaign in itself was an intervention based on the government, through the Ministry of Health regularly provided information updates on the spread, those infected but also on measures to contain the spread of the virus but failed to incorporate community voices in the decision-making forums and therefore public policy was not informed by community input even when the communities had invaluable contributions to make and able representatives to articulate to enhance interventions through better community-government partnerships.

The project has since sought to bridge this gap.

Therefore, the project intervened through immediate responses that targeted at enhancing community awareness on the Covid-19 dangers with a particular focus on raising community responses to protect themselves against the dangers of the virus especially during the community transmission phase.

Secondly, the project sought to build community resilience over the tough months ahead as a cloud of uncertainty continues to hang over our heads.

Figure1.3: HRDs attending community radio conversations in Vihiga FM- Vihiga, Pamoja Fm-Kibera and                    Radio Namlolwe- kisumu respectively

Appreciation statement for mass funds drive for bail processing during #SabasabaMarchForOurLives 2020

Defenders Coalition appreciates the hundreds of Kenyans and friends of Kenya who contributed to the mass funds drive- bail processing kitty for human rights defenders who were arrested during the #SabasabaMarchForOurLives march on 7 July 2020.

The arrested HRDs were commemorating what started 30 years ago, when gallant Kenyas brazed teargas, beatings, injuries, torture to say no to dictatorship by Marching to Kamukunji grounds to call for liberation. In 2020, human rights defenders from various justice centres across the country staged a commemorative event, to reflect on the dissident conduct of the government towards the adoption of one of the most progressive constitutions in the world.

However, Police Officers disrupted the peaceful processions by unleashing unbelievable violence and embarked on an arresting spree where 63 human rights defenders were arrested across Nairobi. The arrested were detained in four police stations as follows: Kilimani Police Station(18), Kayole Police Station(12), Central Police Station(25) and Muthaiga Police Station(8).

1. The 8 HRDs held at Muthaiga Police station were released with no charges.
2. 18 HRDs detained at Kilimani Police Station were charged with “Picketing”. 9 of them were required back to the said police station on 10th July 2020 and the rest on 13th July 2020 as police said that they were undertaking investigations into the conduct of the HRDS.
3. 12 Human Rights Defenders that were being held in Kayole Police station were charged with ‘failure to keep social distance”. They were released on a cash bail of Kshs. 5000 each.
4. The 25 HRDs held in Central police Station have been released on a free police bond. Of the 25, only 5 were processed with charge sheets and were required to and reported to the said police station on Friday 10th July 2020 on behalf of the other 20. They were charged with “unlawful assembly”.

Amongst the many interventions that aimed at securing their release from unlawful police custody, Defenders Coalition embarked on a mass funds drive. The fundraising initiative raised  Kshs. 770,494 (Seven hundred and seventy thousand, four hundred and ninety four shillings).

These funds have already been/will be used towards

• Supporting HRDs legal representation
• Already supported in processing bail
• Food and transport for the arrested HRDs
• Litigation of the criminal cases

Defenders Coalition is wishes to express its gratitude to Tunawiri- an organization that works to assist grass-root organizations in crowdfunding and who were instrumental in creating awareness online on the happenings during march.

To all comrades, Kenyans and friends of Kenya your thoughtful generosity is invaluable to us as your donation, solidarity and sacrifice will ensure the safety, security and wellbeing of those at the frontline championing our rights and freedoms.

Defenders Coalition

Press Statement

Nairobi, 9th August 2020

Celebration of the Resilience of Indigenous People during the International Day of World’s Indigenous People 2020.

Today, the Defenders Coalition joins indigenous persons from around the globe to commemorate the International Day of the World’s Indigenous People. The Defenders Coalition is proud to be part of this marginalized community that has endured diverse effects of COVID-19 on top of the age-old injustices and marginalization that characterize this community throughout the world.

International Day of World’s Indigenous People brings together indigenous people, focusing on raising awareness of their existence and work towards the promotion of their rights including the right to land and conservation of the environment. Indigenous people have always been recognized as the best conservators of their environment and thus their contribution towards conservation must be recognized and appreciated.

The Defenders Coalition recognizes this year’s theme Covid-19 and Indigenous People’s Resilience and acknowledges that Indigenous people of Kenya and beyond have always shown their capability to adapt not only to the pandemic but other disasters that include forceful evictions from their ancestral homes. The state, through its agencies, have repeatedly evicted rightful indigenous people in Kenya from their homes before and during the covid-19 pandemic without respite. The pain of the evictions continues to return time and again to haunt these communities across the country.

On 10 July 2020, Kenya Forest Service guards burned down 28 homes belonging to Sengwer Indigenous People in the Embobut Forest. Since 2 July 2020, the Kenya Forest Service (KFS) has engaged in a large-scale and deliberate campaign to remove Ogiek communities from their ancestral home in the Mau Forest.

With impunity and lack of acknowledgement of the 2017 landmark ruling by the African Court of Justice and Human Rights that affirmed the Ogiek’s right to live in Mau forest, the government of Kenya continues to prejudice the implementation of the ruling. It is clear that with the felling of the impeccable

ecosystem that indigenous people had with forests came with a threat of felling their ways of life. We must rise up more than ever to protect these people who are facing extinction through the perpetual injustices directed at them.

On this day, Defenders Coalition stands in solidarity and celebrates the resilience of all Indigenous people in the world and  recommends that:

• The Kenyan Government respects, promotes and protects the rights of all  indigenous people by ceasing forced evictions of The Sengwer and Ogiek Indigenous People from Embobut and Mau Forests respectively which are their ancestral homes;
• The government to include Indigenous People in the formulation of policies and guidelines that respond to Covid-19 and ensure participation of the community in implementation of the Community Land Act 2016;
• Indigenous people are allowed to live peacefully in their ancestral homes, the way they have lived for centuries to protect their way of life and from potential extinction;
• The Kenyan Government acknowledges  and  implements the 2017 ruling by the African Court of Justice and Human Rights to stop the evictions of the Ogiek Indigenous Community from their ancestral land.

Defenders Coalition joined NASARU Women- a women-led grass root organisation to support the 2020-Interventions to Protect and Empower Girls (IPEG) During Covid-19  Mentorship Program in Magadi Ward, Kajiado County.

The partnership also brought on board the Office of the First Lady in Kajiado County.

Through the partnership, Defenders Coalition facilitated a broad based advocacy forum where school-going girls and young mothers came together to be sensitised on  Covid-19, its effects and the possible ways of mitigating the effects.

The young girls were engaged in a peer-peer conversation which sought to interrogate and promote the culture of information sharing among the girls. Community leaders, including those from NASARU Women and Defenders Coalition held a mentorship and empowerment talk on vices including gender based violence, female genital mutilation, teenage pregnancies, bidding and early marriages.

Juliana Rono, Founder of NASARU Women addressing the young girls during the sensitisation forum in Kajiado

It is paramount to note that following the COVID-19 pandemic and the various government measures to contain the spread of the virus,  including closing of schools, human rights defenders and government institutions have warned of a spike in the number of teenage pregnancies in the country, with Kajiado County being named third in the reports released by the Kenya Health Information System— an online reporting platform present in most local health facilities since 2011.

The intervention also provided the young girls with sanitary towels, face masks and soap to facilitate a holistic response and combating the spread of corona virus disease.

The long-term aim of this intervention is to develop an effective advocacy effort from local networks of support and purposeful mentoring for girls themselves to develop their active and effective representation in advocacy efforts that advance and challenge harmful norms within their communities.

STATUS OF HUMAN RIGHTS DEFENDERS IN KENYA DURING THE COVID-19 PANDEMIC

BACKGROUND:

Human rights defenders play a critical role in the society in the protection and promotion of human rights which is integral to the success of a nation’s growth. Human rights defenders work individually or in collaboration with others towards the realization of a human right (or rights) on behalf of individuals or groups. They also seek the promotion and protection of civil and political rights as well as the economic, social and cultural rights. Human rights defenders are active in every part of the world and Kenya is no exception. The country has a vibrant human rights movement comprising of civil society organizations community groups and individual champions of rights who are concerned that every Kenyan must and should enjoy all rights as codified in international human rights instruments and the Constitution.

Read report here

Despite their noble work, individuals and groups at the forefront of the protection and promotion of human rights, including journalists are themselves victims of serious infringement of their rights, the very rights they seek to secure. Lack of accountability for serious human rights violations by security forces, including extrajudicial killings and enforced disappearances have continued to plague the human rights movement with human rights defenders facing the most serious threats as they confront the violations. Security forces often target individuals synonymous with demanding accountability. Security agents in
the country often consider HRDs as “enemies” because of raising human rights concerns during enforcement.

The National Coalition of Human Rights Defenders, Kenya (Defenders Coalition), a national organization that works primarily for the protection of HRDs through championing their safety, security and wellbeing undertook a monitoring exercise to look into the situation of human rights in the country but more so, the situation of HRDs during this Covid pandemic.

The monitors were County based and were able to document and report instances of violations not only to HRDs but to the community at large. The documentation forms the basis of this report.

CONTEXT:
2020 begun with the globe battling a new global pandemic- COVID 19. The World Health Organization (WHO) set up an Incident Management Support Team for dealing with the COVID-19 virus and continued to issue comprehensive guidance to countries on how to detect and manage the spread of the Corona virus. Kenya recorded the first case on 13 th March and by 30 th June there were 6,366 individuals that had tested positive with 148 deaths recorded. 1 As an initial response to this, the government of Kenya issued some measures and directives in a bid to contain the situation. These included;

1. Countrywide curfew between 7:00pm and 5:00am which was later revised to 9.00 P.M to 4.00 A.M
2. Lockdown of Nairobi Metropolitan area, Mombasa, Kilifi ,Kwale and Mandera Counties
3. Lockdown of Eastleigh, Nairobi and Old Town in Mombasa which were recording very high number of infections.

The lockdown has since been lifted progressively with Nairobi being the last to be opened up. The government has indicated that they were closely monitoring the spread of the pandemic and that if there is increase, they would revert back to lockdown. Most countries adopted state of emergency 2 measures to prevent the spread of COVID 19. Most governments have taken advantage of this to rule with a decree and suspending certain constitutional rights and freedoms, including freedom of movement and freedom of peaceful assembly. The decrees prohibit public gatherings of certain numbers of people in different countries. In some countries, it also provides that any dissemination of information, including online, that refers to the coronavirus or activities carried out by health authorities, may only refer to information provided by a special emergency office of the government. Suspending the rule law may set an anarchy response to human rights violations by state and non-state actors. If not monitored and contained, it might get out of control during and after the coronavirus crisis.

On its part, the Kenyan state has demonstrated reluctance to engage with the public and Civil Society to collectively address the current crisis and have been intolerant to criticism over its application such us containment of citizens that violate the curfew laws at medical facilities,  even when they are not infected. Such arbitrary actions threaten the rule of law and democracy now and in the future, taking away on the positive gains that have been realized to build a democratic society. This might in the near future cripple the gains made in advancing and safeguarding the Civic Space as states have undertaken strict measures to prevent any gatherings. HRDs can longer enjoy freedom of association, assembly and also demonstration against human rights violations. Civil society needs support to enhance their participation in the governance, agenda setting, decision making and as well voicing concerns over violation human rights and accountability.

Read report here

PRESS RELEASE
BURNING OF 28 SENGWER HOMES IN EMBOBUT FOREST, ELGEYO MARAKWET, 10 JULY 2020

The following eight human rights and conservation organizations express grave concern over reports of ongoing forced evictions in Embobut Forest by the Kenya Forest Service (KFS). We are reliably informed that 28 homes with beddings and possessions were burnt in Kapkok glade on 10 July 2020 leaving families in the cold with no shelter. We once again call on the Kenyan government to end forced evictions in Embobut Forest and ensure that human rights are respected, protected and fulfilled.

The Constitution of Kenya and the Land Act 2012 (as amended in 2016) prohibit forced evictions carried out contrary to the law. On May 11, 2020, the President through the Cabinet Secretary for Interior and Co-ordination of National Government declared a moratorium on evictions for the period of COVID-19 pandemic. Protecting the right to adequate housing is critical to protecting
Kenyans from the spread of the Corona virus and ensuring their recovery. The forced evictions and homelessness have increased the vulnerability of those affected to COVID-19 and its negative socio-economic impacts.

The forced evictions come at a time when the European Union (EU) and the Government of Kenya are considering the resumption of Kes 3.6 billion funding to the Water Towers Protection and Climate Change Mitigation and Adaptation Programme. The program was stopped after numerous human rights violations including forced evictions of Sengwer Indigenous people, the killing of Robert Kirotich and the serious injury of David Kipkosgei Kiptilkesi in 2018.

The Kenyan government must use this time to dialogue on its approach to conservation and how to consistently ensure the community land rights of the Sengwer indigenous people and other traditional forest peoples can also be recognized as community owner-conservators.

Consequently, we call on the Government of Kenya to immediately;
• Make a Ministerial Statement to halt the KFS operation and forced evictions in Embobut Forest;
• Adhere to the Constitution, the Land Act and the Presidential declaration of a moratorium on evictions for the period of COVID-19 pandemic;
• Ensure that all those affected can live peacefully in the forest glades, no further retaliation happens to Sengwer community members and that those responsible are brought to justice;
• Provide shelter and basic needs for the affected families.

Signed

Sengwer Council of Elders
Amnesty International Kenya
Defenders Coalition
Katiba Institute
Kenya Human Rights Commission
American Jewish World Service
Forest Peoples Programme
Natural Justice

2-month-old teargassed while sleeping during Curfew operation

A 2 moth old baby was placed under emergency oxygen therapy after a teargas canister launched by police officers during a curfew enforcement operation in Huruma area landed in her house where she was sleeping.

Image:The exploded canister hurled by police into the house of Baby Asenath

The canister that was hurled into the family home of the toddler was then taken into custody by rights defender Rahma Waqo who has been mainstreaming the plight of the family while pursuing justice for the baby.

The canister was handed over to the Independent Policing and Oversight Authority (IPOA) at the Kiamaiko Social Justice Centre on 26 May 2020 in the presence of the Defenders Coalition, media, rights activists and other civil society organizations.

The said incident happened on the night of Friday, 22 May 2020.

The teargas exploded inside her parents’ house on second floor of a residential flat as with the father’s attempt to throw it out proving too late as the baby inhaled the pain-inflicting smoke from the canister.

Later, with other HRDs Defenders Coalition accompanied Rahma and Shamsu Abdikadir( father of the affected baby) to Huruma Police Station where they recorded a statement with police of the incident.

Image: Shamsu Abdikadir father of the affected baby addressing media during the handing over of the canister to IPOA

In solidarity with Mama Rahma Waqo, Defenders Coalition assured Rahma Wako of any support, especially during this time when human rights defenders are grossly targeted by both state and non-state actors because of their work.

“We are concerned by the gross targeting of rights defenders through arbitrary arrests, enforced disappearances and use of other intimidation ploys to frustrate them in their work. Today, as we stand with Mama Rahma we want to assure HRDs of our support in the course of their work,” Said Salome Nduata, Head of Programmes-Defenders coalition

In the month of April, one human rights activist Michael Njau and his two friends went missing and continue to be missing one and half months after alarm was raised on their disappearance on 24 April 2020 in Nairobi. The missing activist is a member of the Kiamaiko Social Justice Centre.

The case which was being handled by Rahma Waqo- a member of Kiamaiko Social justice Centre, was handed over to IPOA for investigations into the near-death experience of Baby Asenath in Huruma, Nairobi.

At the time of handing over of the case, the baby was still under medication at home with complications including nose bleeding and difficulty in breathing.

Police brutality and violence that has led to the needless loss of lives of Kenyans is an age-old systemic problem, with efforts to reform the Kenya Police bearing little fruit.

She called for speedy investigations into the incident to accord the minor justice and stop the police brutality that has since created mistrust between members the public and state agencies.

“Handing over the case gives me a glimmer of hope that the family of Mr. Abdikadir will get justice. Police excesses in this neighbourhood are chocking us!” Said Mama Rahma Wako.

IPOA have since moved on with investigations and the perpetrator is yet to be charged. We await formal updates from the state agency.