To champion the safety, security and wellbeing of Human Rights Defenders.
4TH ANNUAL CIVIC SPACE PROTECTION SUMMIT PRESS STATEMENT
FOR IMMEDIATE PRESS RELEASE
MOMBASA, Kenya, September 19th, 2024 – State of Civic Space Under Siege
As we come to the close of the 4th Civic Space Protection Summit, we wish to express our disappointment over the current state of civic space in Kenya which is still troubling even as Kenya joined the other countries in the celebrations of International Day of Democracy on the 15th of September 2024. The state has, over the past 24 months, demonstrated that they have no regard for the Constitution, Independent oversight bodies and the civil society.
Defiance of court orders and people’s wishes by the state senior state officials continue to be one of the key challenges to advancement of civil liberties in the country. We condemn this culture of impunity and expect the Acting IG Masengeli will lead by example by obeying the court order and present himself to the Commissioner General of Prisons to begin serving his 6 month sentence. Failure to do so, Kenyans will expect the Interior Cabinet Secretary to initiate steps to have him committed. We would like to remind the government that the primary reason for court summons against the Acting IG is to ensure that the Kitengela 3 are produced in court -we still demand their immediate unconditional release. Should the CS fail to initiate the steps, we urge the public to initiate citizens’ arrest against Masengeli.
The right to peaceful protest, enshrined in Article 37 of our Constitution, remains under severe attack. As recent events such as the #RejectFinanceBill2024 protests have shown, extrajudicial killings, arbitrary arrests, and abductions by state actors have become far too common. We are reaffirming our stance that these violations must end. We will continue to hold security agencies accountable for their actions and demand justice for those whose rights have been violated. The Assemblies and Demonstrations Bill of 2024 which is on the floor of the National Assembly is one of the indications that the state has no intention of implementing the Constitution. Over sixty civil society leaders and human rights defenders have lost their lives over the past two years. The courage of those who have sacrificed their lives, freedoms, and livelihoods in defense of justice, equality, and human dignity. We demand the suspension and interdiction of the police officers involved in these criminal acts and continued harassment and abductions. We further condemn the police actions against Trever Mathege Mureithi, a first year student at Multimedia University who was severely injured and had teargas canister lobbed at him at close range. He is currently admitted to a medical facility in critical condition. The use of such lethal crowd control weapons by the NPS has been normalized despite a court order banning their use.
Despite the robust framework on public participation under the Constitution, we continue to witness deliberate and negligently abdication of its duty to engage the public in the development process especially those that have negative consequences on taxpayers. As such, over the past months, we have witnessed erosion of fiscal accountability, observing how mismanagement of public resources directly impacts human rights. The last two years have shown us that authoritarian leadership, coupled with corruption, is not just a fiscal issue but a human rights one. The mismanagement of public funds, widespread corruption, and the intimidation of oversight institutions not only violate our right to transparent governance but also limit the government’s ability to provide essential services to its citizens. The recent case of Adani procurement is a classic example of states deliberate effort to subvert the constitution to the benefit of a few. We want to call for stronger independent institutions, greater accountability, and an end to the misuse of state agencies to suppress dissent.
Kenya has one of the most vibrant digital activism in the globe. However, while the young people have embraced this space, the state has continued to use repressive tactics and administrative actions to suppress freedoms. State surveillance that leads to abduction and cyber bullying and propaganda has led to self-censorship. We stand firm in our commitment to defend digital rights and ensure that the internet remains a space for free expression, advocacy, and civic engagement.
We wish to end by reaffirming our strong position in its mission to protect, promote, and expand civic space in Kenya. The road ahead may be tough, but we are resilient. Our democracy depends on it.
Thank You.
Signed by
ARTICLE 19 Eastern Africa
Initiative for Inclusive Empowerment – IIE
Constitution and Reform Education Consortium – CRECO
Kenya Human Rights Commission – KHRC
Defenders Coalition – National Coalition of Human Rights Defenders
Muslims for Human Rights – MUHURI
Independent Medico-Legal Unit – IMLU
Partnerships 4 Empowerment and Networking in Kenya (PEN Kenya)
InformAction
Inuka Kenya Ni Sisi!
Transparency International – Kenya
Haki Yetu Organization
STATEMENT ON THE WITHDRAWAL OF SECURITY DETAIL OF HON JUSTICE LAWRENCE MUGAMBI
STATEMENT ON THE WITHDRAWAL OF SECURITY DETAIL OF HON JUSTICE LAWRENCE MUGAMBI
Monday, 16 September 2024, Nairobi
The Defenders Coalition expresses concern over the withdrawal of security detail for Hon. Justice Lawrence Mugambi, a High Court Judge in Kenya’s Constitutional and Human Rights Division. This action violates Article 260 of the Constitution, which mandates security provisions for state officers, including judges, due to the nature of their duties. We emphasize that judges are entitled to security, and this benefit cannot be arbitrarily revoked.
The withdrawal of the security details comes in the wake of the judicial decision by the Hon Judge to find the Acting Inspector General of Police in contempt of court orders requiring him to give a detailed account of the whereabouts of two human rights defenders namely Bob Njagi, Jamil Longton and his brother Aslam Longton. Such withdrawal of the Judge’s security detail is only tantamount to threats and intimidation of Judges in the exercise of their Constitutional mandate of defending the rule of law and democracy.
On 9th September 2024, Justice Mugambi disclosed that a senior police officer had been prying into his whereabouts. This raises serious concerns over possible intimidation or threats against him.
The Basic Principles on the independence of the Judiciary provide that the independence of the judiciary shall be guaranteed by the State and enshrined in the Constitution or the law of the country. All governmental and other institutions must respect and observe the independence of the judiciary. In addition, they provide that the judiciary shall decide matters before them impartially, based on facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.
Article 160 of the Constitution provides for independence of the judiciary, this entails that Judges and Judicial Officers can exercise their mandate free of any fear or intimidation. It is appreciated that the Country’s Courts cannot be arm-twisted to render decisions contrary to the provisions of the law, facts, and any evidence adduced before them. We reiterate that judicial independence in its very nature ensures that access to justice, the rule of law, democratic processes, rights and freedoms are upheld in a democratic setting.
Judicial decisions are not applicable to a few individuals but to everyone regardless of position or status granted that no one is above the law. Equally, such decisions are not made in vain and are aimed at ensuring that the rule of law and Constitutionalism are upheld and respected. It is concerning that the security of the Judge is being withdrawn in the wake of the unfortunate incidence that occurred on 13 June 2024 at the Makadara Law Courts where a Judicial Officer lost her life in the line of duty.
The Defenders Coalition remains concerned about the whereabouts of Human Rights Defenders Bob Njagi, Jamil Longton and his brother Aslam Longton and this was the basis upon which the Law Society of Kenya went to court to seek the invitation of the Acting Inspector General of Police of Police to shed light on the enforced disappearance of the trio.
We call the relevant authorities, including the National Police Service without fail, to reinstate the security of the honourable Judge. At the same time, we call on the state to ensure the safety and the presentation of the trio to their family or before a court of law.
Signed
Defenders Coalition
President Ruto Must Fulfill His Promises to End Enforced Disappearances in Kenya.
Nairobi, 28 August, The Police Reforms Working Group Kenya (PRWG-K) is deeply concerned by the continued practice of enforced disappearances and arbitrary arrests, despite President Ruto’s promise to end this practice. We urgently call upon President William Ruto to fulfil his legal obligation to uphold and protect the Constitution and end the harrowing practice of enforced disappearances and arbitrary arrests.
On 17 August, Muslims for Human Rights (MUHURI) board member Khelef Khalifa was arbitrarily arrested for insisting the police follow the recent court order banning the deployment of masked officers during routine police duties. We reiterate article 49 of the constitution of Kenya, which protects the rights of all arrested persons, including access to legal assistance and clear information on reasons surrounding the arrest. We call upon the Inspector General of Police to hold to account police officers who executed the unlawful arrest and uphold constitutional procedures when effecting arrests.
On 19 August, Bob Njagi, Aslam Longton, and Jamil Longton were abducted in broad daylight following the Kitengela protests. It has been eight days since the three individuals were separated from their families in unclear circumstances in total disregard of the rule of law and fundamental human rights. We call upon the Inspector General of Police to investigate and reveal the identities of the men who abducted Bob, Aslam and Jamil and have them presented before a court of competent jurisdiction in line with constitutional provisions and orders issued by the High Court in HCCHRPET/E436/2024.
We urge President Ruto to uphold his promise and quickly address enforced disappearances, abductions and arbitrary arrests and ensure that all state agencies abide by the law when executing arrests. The pain and suffering endured by victims and their families must come to an end. The government must take immediate steps to hold those responsible for these violations accountable and prevent further occurrences. Your leadership currently on this matter is crucial in restoring justice and upholding the human rights of all Kenyans.
We call on the National Assembly to remain seized by and act on these constitutional violations and enact legislation to protect Kenyans against forceful disappearances, investigate and hold accountable those responsible for enforced disappearances.
_________
This statement is signed by the Police Reforms Working Group-Kenya, an alliance of national and grassroots organisations committed to professional, accountable, and human rights-compliant policing.
They include:
Independent Medico-Legal Unit (IMLU), Kariobangi Paralegal Network, Defenders Coalition,Katiba Institute, Social Justice Centres Working Group (SJCW),Kenyan Section of theInternational Commission of Jurists (ICJ Kenya), International Justice Mission (IJM-K), HAKIAfrica, Amnesty International Kenya, Women Empowerment Link, Social Welfare DevelopmentProgram (SOWED), Kenya Human Rights Commission (KHRC), Federation of Women Lawyers(FIDA- Kenya), International Centre for Transitional Justice (ICTJ – Kenya), Transparency International Kenya, Shield For justice, WanguKanja Foundation, Constitution and Reform Education Consortium (CRECO), Kenyans forPeace, Truth and Justice (KPTJ), Peace Brigades International Kenya. (PBI Kenya)
Strengthening the Resilience of Grassroots Women Human Rights Defenders in the Face of Climate Change: The Story of the Mama Mazingira Dialogue
In the vast northern Kenya, where the sun scorches the earth and drought is an ever-present threat, the communities of Marsabit and Isiolo have long struggled to survive. In the arid and semi-arid regions, pastoralism is not just a way of life but a means of survival. Yet, the challenges these communities face go far beyond the land’s harshness. Poverty, limited access to basic services, and environmental degradation are constant companions. And as the climate changes, these challenges only grow more severe.
Participants during the Mama Mazingira Dialogue engaging in a session.
Against this backdrop, the Women Human Rights Defenders of Marsabit and Isiolo emerged as powerful voices in their communities. These women are more than just activists; they are the protectors of their people, advocating for the rights of women and marginalized groups. However, as the years went by, they began to see that the impacts of climate change threatened everything they had fought for. Extreme weather conditions have become more frequent and severe, weather patterns have shifted unpredictably, and the land they relied on has become increasingly barren.
These women knew that something had to be done. They understood that the fight for human rights was now also a fight against climate change. And so, they began seeking new ways to address these challenges, determined to protect their communities from the worsening impacts of a changing climate.
This is where the story of the Mama Mazingira Dialogue begins. Supported by a regional development partner- Hivos East Africa and implemented by the Defenders Coalition, the Mama Mazingira Dialogues were born out of a simple yet powerful idea: to bring together WHRDs, community members, and duty bearers from Marsabit and Isiolo counties for a series of action-oriented community-led conversations. They sought to bridge the gap between state and non-state actors, ensuring that the voices of WHRDs were heard in the halls of power where climate policies were being shaped.
On 13th August, the Defenders Coalition embarked on a journey to Isiolo and Marsabit Counties, where they facilitated critical conversations on 14th August and 16th August, respectively. During these discussions, Women Human Rights Defenders expressed concerns over a range of pressing issues, including the gendered impact of climate change, concerns about climate financing through carbon credits, land grabbing, cultural heritage, climate justice, and conflicts.
Among these courageous women was Sarah, a passionate WHRD from Isiolo. Sarah had always been a fierce advocate for her community, but her perspective on the climate crisis deepened after a life-changing experience. Through the support of the Defenders Coalition, Sarah was privileged to attend a Summer School Climate Justice Class. It was there that she learned a profound and unsettling truth: many of those who are most affected by climate change are women.
This realization struck a chord with Sarah. She had seen firsthand how droughts and environmental degradation disproportionately impacted women in her community. Women were often the ones walking longer distances to find water, struggling to feed their families when crops failed, and bearing the brunt of the health impacts of a changing climate. At the Summer School, Sarah connected with other women who were facing similar challenges. She learned about strategies for climate resilience, the importance of integrating gender perspectives into climate policies, and the power of collective action. When Sarah returned to Isiolo, she brought back not just knowledge but a renewed sense of purpose.
As the dialogue progressed, it was clear that the women had started to see themselves not just as victims of climate change but as leaders in the fight against it. They realized that their unique positions within their communities gave them the power to influence change. They began to engage more actively in climate discussions, bringing their lived experiences to the table and advocating for the needs of their communities.
One of the most troubling aspects Sarah and other WHRDs began to address was the way climate change exposed young girls to heightened risks of gender-based violence and unplanned pregnancies. As water sources dwindled and grazing lands became scarce, families were forced to send their daughters farther from home in search of water and food for their cattle. These long and dangerous journeys often brought young girls into contact with men and boys who took advantage of their vulnerability, leading to instances of abuse. The harsh reality was that these girls, already burdened with the responsibility of finding sustenance for their families, were now facing the additional trauma of sexual exploitation, resulting in unplanned pregnancies that further jeopardized their futures.
The Mama Mazingira Dialogue provided a platform for WHRDs to bring these critical issues to the forefront. They highlighted the need for community-based solutions to protect young girls, such as creating safer routes for water collection, increasing awareness about the risks, and advocating for the establishment of support systems for victims of gender-based violence. The WHRDs were not only advocating for immediate action but also the integration of these concerns into broader climate adaptation and resilience strategies.
The impact of the Mama Mazingira Dialogue was profound. Not only did it lead to greater involvement of WHRDs in climate policy and action, but it also empowered these women to continue their advocacy work with renewed vigor. They had always been defenders of their communities, but now they were also recognized as key players in the fight against climate change.
In the end, the Mama Mazingira Dialogue was more than just a meeting; it was a testament to the power of women to drive change, even in the most challenging of circumstances. The WHRDs of Marsabit and Isiolo had taken on the mantle of leadership in the face of a crisis, proving that when women stand together, they can change the world.
Women Human Rights Defenders from Marsabit and Isiolo Counties with Defenders Coalition staff.
COURT FINDS GUILTY MAN ACCUSSED OF STABBING TO DEATH WOMEN HUMAN RIGHTS DEFENDER ELIZABETH EKARU
FOR IMMEDIATE RELEASE
Meru, Kenya – August 15, 2024
Today, after three years in the corridors of justice, Meru High Court Judge Hon. Justice Edward Muriithi has concluded the murder trial and found Mr. Patrick Naweet guilty of the gruesome murder of Isiolo-based woman human rights defender Elizabeth Ekaru.
This is a significant moment for Elizabeth’s family, especially her children and ailing parents who looked up to the judiciary in Kenya for justice to be served. Isiolo human rights defenders, Amnesty International, and Defenders Coalition who observed the trial thanked the judiciary and law enforcement officers for their diligence in concluding a case that shocked the human rights defender family.
Elizabeth Ekaru, a mother and fervent advocate for human rights and women’s empowerment, was brutally murdered on January 3, 2022. Her death not only marked a tragic loss for those who knew her but also highlighted the severe risks faced by women human rights defenders in their tireless work.
The conviction of Patrick who was not remorseful over his heinous act assures Kenyans that we have a functioning legal system that can protect those aggrieved and seeking justice in Kenya, said Kamau Ngugi, Executive Director, Defenders Coalition. Ngugi added that the guilty verdict in Elizabeth Ekaru’s case is a landmark judgment that reinforces the importance of accountability and the rule of law.
“This conviction sends a clear message that violence against women and human rights defenders is abhorrent and that perpetrators cannot hide behind culture; they will be held accountable for their actions.”Said Ngugi.
The killing of Elizabeth highlights the rise of the killing of women in Kenya. Among the victims of femicide are young women at the hands of male partners and frontline women human rights defenders. While the Elizabeth Ekaru case has been a success, there remain uninvestigated cases on the murder of women human rights defenders including that of Joannah Stutchbury, Esther Mwikali, Carol Mwatha among others who tragically lost their lives defending human rights.
Elizabeth Ekaru’s legacy continues to inspire human rights awareness and advocacy. Her work and the subsequent legal victory reaffirm the importance of defending human rights at all costs. The ruling provides a measure of closure for Elizabeth’s family and the human rights community, reaffirming their faith in the justice system.
Isiolo Gender Watch Coordinator Ms. Grace Lolim welcomed the court’s verdict today as deserved justice for Elizabeth Ekaru and her loved ones. She described Elizabeth as a dedicated advocate and a beacon of hope for many in our community. “While this verdict cannot bring her back, it is a significant step in holding those responsible accountable for their actions,” she added.
Simon Lomoe Romana. son of the late Elizabeth said, “Today, we finally see justice for my mother. While no verdict can ever heal the pain of losing her, knowing that the person responsible will be held accountable brings some solace to our family. My mother was a remarkable woman who dedicated her life to helping others, and her absence has left a void that can never be filled. We miss her every day. We will continue to honor her memory and the values she stood for, hoping that her legacy inspires others to fight for justice and peace.”
As we reflect on this significant achievement, we remain steadfast in our commitment to advancing the cause of human rights and ensuring the protection of those who defend them.
“We hope this decision sends a strong message that violence, especially against those at the frontline advancing justice and equality, will not be tolerated. Our thoughts remain with Elizabeth’s family, and we continue to honor her legacy by advocating for the safety, security, and rights of all individuals.
Notes to the Editors:
Elizabeth Ibrahim Ekaru was a staunch advocate for women’s rights, a champion of peace, and an environmental and land rights defender from Isiolo County, Kenya. Recognized for her courageous work, she received the Head of State Commendation Award for her primary role in defending human rights in Kenya. She was also a member of the National Network of Women Human Rights Defenders, convened by the Defenders Coalition of Kenya.
About the Defenders Coalition
The Defenders Coalition is a national organization that works primarily for the protection of Human Rights Defenders (HRDs) in Kenya. Formed in 2007, and registered as a Trust, Defenders Coalition strengthens the capacities of HRDs to work safely and more effectively, besides advocating for favorable, legal, policy, and institutional environments to reduce their risks of persecution and/or harm.
OUTCOME STATEMENT OF YOUNG INDIGENOUS WOMEN IN KENYA DURING INTERNATIONAL YOUTH DAY
We Young Indigenous women are the custodians of our lands, waters, and cultures. Our deep connection to the land and our traditional knowledge provides us with unique perspectives and solutions to the climate crisis. We are resilient, innovative, and determined to protect our homelands for future generations. Yet, we face unprecedented challenges due to climate change, and our rights to land and natural resources are under constant threat. Despite these challenges, we are a force to be reckoned with. The statistics of number of indigenous people losing their lives to brutal acts by government and corporations aiming to exploit resources from their lands and territories.
It is time for our voices to be heard, our spaces at negotiation table recognized and full inclusion on discussions about us accorded. We call for policies that respect our rights, recognize our contributions, and empower us to lead in climate action, sustainable development and leadership.
Indigenous youths recognize their critical role and call for immediate actions by relevant stakeholders on their inclusion and active participation in:
Ownership, management of community land
Leadership
Natural resource governance
Climate change mitigation
Climate Justice
CALL-TO-ACTION
Full and Effective Participation:
Demand for equal representation and decision-making power in all climate change negotiations, land, and natural resource governance processes at local, national, and international levels. We demand full inclusion in county climate change committee and in decision pertaining to county climate change fund.
Call for full inclusion in dedicated spaces and platforms for young Indigenous women to share their experiences, knowledge, and perspectives this include inclusion in decision making pertaining to climate change at national level in the National climate change steering committee
Recognition and Protection of Indigenous Rights:
Demand for unconditional recognition and upholding of Indigenous Peoples’ rights, including land tenure, self-determination, and cultural integrity as stated in the Constitution of Kenya 2010 Article 56(That upholds the rights of minorities and marginalized communities and obligates the state to put in place affirmative action Programmes designed to ensure that marginalized communities participate and are represented in governance)
Call for the implementation of Free, Prior and Informed Consent (FPIC) in all decisions affecting Indigenous lands and resources.
Climate Justice and Reparations:
Demand for climate justice, acknowledging the historical and ongoing contributions of Indigenous Peoples to climate change mitigation and adaptation while disproportionately bearing the brunt of its impacts.
Call for financial reparations and support for loss and damage caused by climate change in Indigenous territories. Full inclusion in conversations pertaining to carbon credit.
Access to Resources and Technology:
Demand for equitable access to climate finance, technology, and capacity building for Indigenous women-led initiatives. Demand for full access to network coverage in marginalized areas occupied by indigenous communities.
Call for capacity building and support in developing and implementing climate adaptation and mitigation strategies based on Indigenous knowledge and practices.
Land Rights and Tenure Security:
Demand for secure land tenure rights for Indigenous women, including collective and individual ownership.
Call for protection of Indigenous lands and territories from land grabbing, extractive industries, and other threats.
Sustainable Livelihoods and Food Security:
Demand for support in developing sustainable livelihoods that respect Indigenous cultures and knowledge.
Call for investment in Agroecological and climate-resilient agriculture to ensure food security for Indigenous communities.
Education and Capacity Building:
Demand for culturally appropriate education and training programs for Indigenous women and youth.
Call for support in developing leadership and advocacy skills to empower
Indigenous women to participate effectively in decision-making processes.
Recommendations
Integrate Indigenous Knowledge: Incorporate Indigenous knowledge, practices, and worldviews into climate policies, land management, and natural resource governance.
Gender-Responsive Climate Action: Design and implement climate actions with a gender lens, addressing the specific needs and vulnerabilities of Indigenous women.
Youth-Led Initiatives: Support and invest in youth-led initiatives that address climate change, land, and natural resource challenges.
Monitoring and Evaluation: Develop effective monitoring and evaluation frameworks to track progress on gender equality and Indigenous Peoples’ rights within climate and environmental policies.
Partnerships and Collaboration: Foster strong partnerships between Indigenous Peoples, governments, civil society, and the private sector to achieve shared goals.
Data Collection and Analysis: Invest in research and data collection on the impacts of climate change and resource management on Indigenous women.
Policy Coherence: Ensure that climate, land, and natural resource policies are aligned and mutually reinforcing.
PERSECUTION WILL NOT SILENCE US: THE STORY OF MUENI
In our latest Haki Series story, we introduce Mueni, a passionate feminist and dedicated volunteer at a community-based union. Mueni’s activism is driven by her unwavering commitment to justice and equality. Despite facing multiple arrests, including a notable instance on 11 May 2022 during protests against the high cost of living, she remains unshaken in her fight for a better future. Mueni’s story is a powerful reminder of the resilience and courage it takes to stand up for what is right, even in the face of adversity.
The Law Society of Kenya and Police Reforms Working Group Call for Human Rights Compliant Policing of the Nane Nane Protests
Nairobi, 8 August 2024: The Law Society of Kenya and Police Reforms Working Group’s attention has been drawn to media reports showing people masked and armed with large wooden batons on 6 August 2024 in Kapsabet town and elsewhere threatening to violently disrupt any form of gathering. The reports and videos seen by the Working Group indicate that the armed group intend to prevent planned protests against poor service by the Nandi County Government.
We reiterate constitutional protections for all persons to peacefully and unarmed protest, picket, and present petitions to authorities and the obligation of the State to respect and ensure this right. We call upon the National Police Service to uphold its public commitment to facilitate and protect protesters against interference by third parties.
Police must also refrain from unlawfully using tear gas and high-velocity mobile water cannons against people, including mothers and children, in their homes. Tear gas must never be used in confined spaces. Previous actions have served no legitimate purpose and ended up punishing the public, many of whom were bystanders. Using force in residential areas is even more dangerous today as many children are on a school break.
The PRWG and the Law Society of Kenya remain concerned about continued incidents of abductions. IPOA must thoroughly and effectively investigate these cases to ensure perpetrators are held accountable. Considering the protests planned for today, we call upon the National Police Service to refrain from unlawful use of force, arbitrary arrest and detention of protesters and forceful abductions. We call upon the Acting Police Inspector General to:
Refrain from deploying ununiformed or masked police officers dressed in hoodies, balaclavas or other attire in an attempt to hide their identities;
Refrain from using unmarked vehicles or vehicles with distorted number plates or with no legal registration in order to commit crimes and evade justice;
Ensure that all policing operations are effectively commanded and any use of force complies with the principles of necessity and proportionality. Lethal force must not be used against protesters who do not pose an imminent threat of death or serious injury.
We are also deeply concerned by the harassment of leaders of Social Justice Centers by the National Police Service, Kenya Revenue Authority and other state agencies who have either arrested these leaders, summoned them and demanded several documents this week. We condemn this use of intimidation tactics designed to force them to withdraw from participating in protests. We call upon the Police to refrain from arbitrarily arresting individuals. Where there is just cause to conduct an arrest, the police must arrest in full compliance with Article 49 of the Constitution of Kenya and international human rights law.
PRWG and the Law Society of Kenya shall continue to monitor and document police conduct in protests, aiming to hold commanders responsible for any violations. We commend the dedication and courage of medical personnel and religious institutions who volunteer their services and centres to treat the injured, regardless of whether they are protestors or police. We call for more emergency medical support facilities to be established.
Ends.
Statement: Alarming Escalation of State Repression in Zimbabwe Ahead of 44th SADC Summit
Statement: Alarming Escalation of State Repression in Zimbabwe Ahead of 44th SADC Summit
Human rights and civil society organizations across the African continent are deeply concerned about the severe restriction of civic space and the systematic erosion of fundamental freedoms in Zimbabwe. The recent escalation in state-sponsored repression, characterized by abductions, arbitrary arrests and unjust denial of bail, torture, and harassment of human rights activists and opposition political members, represents a profoundly disturbing trend. This repressive environment is particularly concerning ahead of the 44th session of the SADC Summit of Heads of State and Government scheduled for 17 August 2024. It constitutes a direct assault on the fundamental rights of Zimbabwean citizens and an egregious violation of democratic principles and international standards.
The recent brutal crackdown on the Zimbabwe National Students Union (ZINASU) exemplifies this escalating repression. On Wednesday, July 24, in Harare, ZINASU students peacefully convened for their annual General Council meeting when armed police in riot gear stormed the ZESA National Training Centre. The police violently disrupted the gathering, subjecting unarmed students to severe beatings and arresting several attendees, resulting in numerous injuries. ZINASU, a united front of Zimbabwean tertiary students, is dedicated to protecting students from exploitation and oppression, defending academic freedoms and rights, and promoting democracy.
This incident is not isolated but rather part of a broader and deeply troubling pattern of intimidation, arbitrary arrests, and victimization of civic groups and the opposition. Currently, over 77 democracy activists are languishing in pre-trial detention after the High Court denied them bail following their arrest for holding a peaceful meeting at a private residence in Harare. The detained members include children, elderly men, and women, some of whom were severely beaten and tortured while in custody. Previously, opposition politician Mr. Job Sikhala was detained for 595 days from June 2022, frequently denied bail, kept in leg irons, in solitary confinement, and often denied access to his lawyer and relatives. Obert Masaraure, president of the Amalgamated Rural Teachers Union of Zimbabwe (ARTUZ) has also been subjected to numerous long drawn-out criminal proceedings and pre-trial detentions, and was recently convicted of the crime of Obstruction of Justice for an alleged tweet in solidarity with an arrested colleague. The judiciary and law enforcement agencies are being weaponized to prosecute and persecute political opponents, signalling an alarming escalation of domestic repression.
Moreover, there has been a disturbing rise in extrajudicial killings, forming part of state-sanctioned violence against activists. Following the controversial August 2023 elections, several opposition members were abducted, tortured, and killed, including political activist Mr. Tapfumaneyi Masaya, who was abducted, tortured, and murdered on November 12, 2023. These incidents highlight the ongoing injustices against defenceless citizens and the relentless shrinking of democratic space. Additionally, recent death threats issued by Zimbabwe’s Information Minister, Mr. Jenfan Muswere, accusing the opposition and civil society organizations of planning to instigate chaos and subversive activities, further exacerbate fears. President Mnangagwa’s remarks warning against “rogue elements” inciting civil disorder ahead of the SADC Summit underscore the state’s intent to suppress dissent.
On 31 July 2024, pro-democracy activist Namatai Kwekweza, trade unionist Robson Chere, and former councillor, opposition member Samuel Gwenzi and Vusumuzi Moyo were apprehended and removed by suspected security service officers from a domestic flight headed to Victoria Falls for a civil society workshop. For at least eight hours they were held incommunicado, their whereabouts unknown to both family and lawyers. When their lawyers eventually accessed them, Robson Chere had been visibly tortured and was in great pain. During consultations with their lawyers all of them reported being tortured and subjected to cruel inhuman and degrading treatment and punishment. They have now been absurdly charged with disorderly conduct in a public place.
We remind the Zimbabwean government of its obligations under article 4 of the SADC Treaty which requires its member states to act in accordance with the principles of human rights, democracy and the rule of law. Section 44 of the Zimbabwean Constitution mandates the respect, protection, promotion, and fulfilment of the rights and freedoms delineated in the Universal Declaration of Human Rights, including the right to freedom of assembly and association as specified in Section 58. These rights are also enshrined in international law and several binding regional instruments, including Articles 10 and 11 of the African Charter of Human and Peoples’ Rights (African Charter), Article 8 of the African Charter, Articles 20 and 21 of the Universal Declaration of Human Rights, and Articles 21 and 22 of the International Covenant on Civil and Political Rights. These rights are central to Zimbabwe’s constitutional democracy, providing a vital avenue for citizens to advance their objectives of promoting human rights and freedoms.
Gatherings of student unions, political parties and civil society organizatons have never posed a security threat. We demand a clear and coherent explanation from the authorities for such heavy-handed actions, which only serve to heighten unnecessary security fears ahead of the SADC Summit.
Signed By:
Southern Africa Human Rights Defenders Network (Southern Defenders)
Pan Africa Human Rights Defenders Network (African Defenders)
Consortium of Ethiopian Human Rights Organizations (CEHRO Ethiopia)
National Coalition of Human Rights Defenders – Kenya
The Public Interest Practice (South Africa)
Center for Strategic Litigation
Crisis in Zimbabwe Coalition
Women’s Institute for Leadership Development (WILD)
Network of the independent Commission for Human rights in North Africa CIDH
DITSHWANELO – The Botswana Centre for Human Rights
Human Rights Institute of South Africa (HURISA)
Human Rights Forum, South Africa (HRFSA)
Ukuthula Trust
Center for Democracy and Human Rights (CDD) Mozambique
Mozambique Human Rights Defenders Network (RMDDH)
Chitungwiza residents trust (CHITREST)
Women’s Academy For Leadership and Political Excellence (WALPE)
Zimbabwe National Students Union (ZINASU)
Centre for Human Rights – University of Pretoria
Zimbabwe Solidarity Network (ZSN)
Magamba Network (Zimbabwe)
Zambia Council for Social Development (ZCSD)
International Commission of Jurists (ICJ)
Ecumenical Service on Southern Africa KASA
The Mike Campbell Foundation (Zimbabwe/UK)
Africa Unite (South Africa)
Langa Community Advice Services
Zimbabwe Human Rights Association
Seinoli Legal Centre (Lesotho)
Democratic Alliance
Second Largest Political Party in the Parliament of the Republic of South Africa
South Africa
Save Our Sacred Lands (SOSL, South Africa)
Youth and Society (YAS, Malawi)
The Forge Foundation (TFF, South Africa)
Masvingo United Residents and Ratepayers Alliance (MURRA)
Protection International Africa
Coalition des volontaires pour la paix et Développement
Friends of Angola (FOA)
ANNUAL REPORT 2023: HIGHLIGHTS OF OUR IMPACT AND ACHIEVEMENTS
ANNUAL REPORT 2023: HIGHLIGHTS OF OUR IMPACT AND ACHIEVEMENTS
In the face of mounting challenges to democracy and civil liberties, 2023 was a pivotal year for human rights defenders in Kenya. The Defenders Coalition witnessed the impact of sustained attacks on the civic space, which manifested in unlawful restrictions on fundamental rights such as the right to protest, associate, and engage with the government. However, amidst these adversities, we also witnessed remarkable resilience and progress in the fight for justice and accountability.
Some of the consequences of unchecked assaults on the civic space took the form of a surge in abuse of power, corruption, and disregard for the rule of law. These factors compounded the risks faced by human rights defenders across the country. Despite these challenges, the Defenders Coalition remained steadfast in its belief that concerted efforts could reverse these dangerous trends.
Throughout the year, human rights defenders from diverse backgrounds came together in powerful coalitions and networks to advocate for change. Whether advocating for ecological justice, minority rights, social justice, or good governance, defenders united under international human rights laws and systems and their voice resonated loudly, challenging complacency and demanding accountability from those in power.
In September 2023, hundreds of human rights defenders protested the government’s inaction on climate change’s impact and its impact on the safety of environmental defenders. Part of this vigilance was robust pursuit of a petition in court on rights of sexual minorities and marginalized groups. Their advocacy yielded significant wins, including affirmations of LGBTQ+ rights and legal accountability for alleged perpetrators of extrajudicial killings.
Further, precedent-setting rulings, such as the case involving environmental rights defender Joel Ogada, a human rights defender who has faced several persecutions because of his stand against the incursion into his farm and those of other farmers at Kanagoni area in Malindi by a Salt Company. Among the challenges that he has faced are multiple criminal and civil cases engineered against him, which is a form of harassment, intimidation and tactic to subdue him. In one of the cases he was sentenced to 7 years in prison for alleged arson of property of the Kurawa Salt company, which was reduced to 2 years when Defenders Coalition appealed the sentence. When he served time, his family
home and food crops were destroyed. This case underscored the importance of judicial protection for defenders facing persecution.
Reflecting on these victories, we recognize four key factors that contributed to our success: the tireless work of human rights defenders who protested bad governance and advocated for the implementation of the 2010 constitution, the collaboration with networks of like-minded peer organizations, the strategic leveraging of international human rights mechanisms and lastly, the sovereignty of the Constitution of Kenya. As we celebrated milestones such as the 75th anniversary of the Universal Declaration of Human Rights and the 25th anniversary of the Declaration on Human Rights Defenders, we reaffirmed the integral role of defenders in realizing human rights.
As the Defenders Coalition commemorates its 16th anniversary of excellence, professionalism and utmost reliability to the needs of human rights defenders, the need to support human rights defenders has never been greater. Our strategic plan emphasizes the importance of empowering rights holders, collaborating with partners, and embracing innovation to address evolving challenges effectively as well as seeking the full implementation of the CoK 2010.
We sincerely thank human rights defenders, partners, donors, and stakeholders for their unwavering support. Let us stand in Solidarity with defenders, recognizing their invaluable contributions to advancing human rights in Kenya and beyond.
This annual report provides a comprehensive overview of our work and impact. Let us reaffirm our commitment to upholding human rights and supporting those who defend them, for they drive our collective pursuit of justice and equality.