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.

REGIONAL CIVIL SOCIETY JOINT STATEMENT ON THE ONSLAUGHT OF CIVIC SPACE DURING THE COVID-19 PANDEMIC RESPONSE IN EAST AFRICA

We, the undersigned representatives of Civil Society Organizations (CSOs) operating within the East African Community and operating under the East African Community (EAC) Consultative Dialogue Framework (CDF) met through a webinar on 19th June 2020, convened by EACSOF Kenya Chapter, to discuss continued threats to civic space due to restrictions imposed as a result of the Covid-19 pandemic. The discussion was prompted by the growing need to foster a more coordinated regional approach to address the severe threats to civic space in the EAC region.

We wish to commend the EAC partner states for taking actions to control the spread of Covid-19. We are aware, however, that various challenges have undermined efforts to have a collective approach to the pandemic. We, nonetheless, congratulate governments in the region for taking the pandemic as a serious threat to the health and wellbeing of their citizens.

State of civil society amidst COVID-19.

The lack of a collective approach based on similar standards has meant that reactions to Covid-19 are largely in line with domestic governance conditions. In countries where civic space was already severely threatened, the directives have tended to be more severe. In such situations, Covid-19 restrictions have merely added to the factors that deny citizens their essential freedoms such as freedom to assemble, freedom to associate, etc.

We note further the rights to information and the freedom of expression have been threatened across the board. In their efforts to control the spread of disinformation, governments have targeted and undermined these rights. Human rights activists and social media influencers are among those who have experienced threats from the authorities due to the information shared on their social media platforms, mainly challenging the government to account for the use of funds. The media and journalists, already under severe constraints in several countries, have faced increasing challenges including threats to suspend licenses and harassment of individual journalists in the course of duty. There has been a surge in cases of police brutality in the process of enforcing restrictions thus undermining ongoing police reforms.

Even though we acknowledge the importance of necessary measures to control Covid-19, the widespread abuses of human rights especially by security forces, have undermined citizens’ faith in what governments are doing to control the spread of the virus. In several cases, this has led to demonstrations, which in turn has created conditions for further spread of the virus. We, therefore, agree with the African Commission on Human and Peoples’ rights and other human rights bodies across the world, which have emphasized that restrictions must be lawful and reasonable.

Given the above, and the need to continue building a prosperous Africa through continental and regional integration, we recommend the following to the governments of the six EAC partner states:

1. That there is a need to recognize and harness the leadership, mobilization and educational potential inherent in the civil society so that a more effective partnership approach is engendered in response to Covid-19;
2. Take immediate action to eliminate Extra-Judicial Killings (EJK) as well as other human rights abuses by security officials in charge of enforcing restrictions. Where such abuses have occurred, responsible state institutions must move with speed to investigate and bring to book those responsible. The state must also provide support to victims of such abuses;
3. That there is a need to continue working towards a collective approach to control of Covid-19 by the EAC partner states. This is partly necessitated by the need to handle practical challenges being currently experienced in the region such as the issue of truckers and movement of goods;
4. The collective approach envisioned above must be human rights friendly in line with the East African Community Treaty, which under “Establishment and Principles of the Community” (Chapter Two) emphasizes “adherence to universally acceptable principles of good governance, democracy, the rule of law, observance of human rights and social justice”;
5. Observe the principles of accountability and transparency in all processes related to control of Covid-19. This includes procurement processes through which countries are sourcing material supplies for purposes of dealing with
the pandemic. Partner States must, at all costs, mitigate against rentseeking, profiteering and other forms of corruption;
6. Support community healthcare systems (such as Community Health Workers) as the first lines of defense in controlling the spread of COVID-19 due to their role in sensitization, supporting vulnerable communities at the
village level, and in urban informal settlements. We note, for example, that community health workers and level one facilities require the provision of adequate protective gear, testing kits, and other materials; and
7. We support partner states call for debt relief to focus more resources on Covid-19. However, this does not preclude the need to bring to account those responsible for the accumulation of odious debts and large-scale looting.

In solidarity with the East African Community, partner states and Civil Society Organizations in East Africa Region.

The statement is endorsed by

1. Tanzania Association of NGOs (TANGO)

2. Defenders Coalition Kenya

3. Development Network of Indigenous Voluntary Association (DENIVA)

4. The Uganda Association of Women Lawyers (FIDA-U)

5. Rwanda Women’s Network

6. Rwanda Civil Society Platform (RCSP)

7. Burundi Journalists Union

8. Forum pour la Conscience et le Development (FOCODE)

9. Community Empowerment for Progress Organization (CEPO),

10. Freedom House, Tanzania

11. Civil Society Reference Group (CSRG)

12. Independent Medico Legal Unit (IMLU

Reflection on the Murder of George Floyd in the USA; Hussein Moyo and 21 other COVID 19 related police killings in Kenya #IcantBreath

Today, I choose to join millions of global citizens to express my outrage over the killing of George Floyd, an unarmed black citizen of United States of America by a white police officer. I strongly condemn the abhorrent killing of George and related murders, and uncalled for excessive police violence against Black people in America. I demand justice for George Floyd.  

The repugnant murder of George Floyd by a Minneapolis police officer on May 25, 2020, is just but one of the many documented victims of race profiling and police violence in the United States by police officers against people of color. Ahmaud Arbery and Trayvon Martin are among many other victims of killings on the account of their skin color. 

The killing of George exposes murk in race and discrimination in the society which easily permeates systems of governance. The police in the United States have been called out for the excessive targeting of not only the Black people but also such groups like religious, indigenous and ethnic minorities; racialized groups and gender minorities. George’s death and others like him is a reflection of deep rooted societal malaise that counters the imagery of social, economic and political progress and respect for democracy and human rights that the USA has proclaimed itself to be. 

As an adept believer in civil rights and freedoms, I bemoan the increasing loss of a global leadership of USA in advocating for human rights respecting policing and upholding the respect for diversity of color, creed, gender, sexual orientation or class.

When one commits to champion the universalism of the UN declaration on human rights that calls on us to stand up against disrespect and violation of human rights,  geographical scope and time becomes non-existent. A human rights violation anywhere the world over  ought to be condemned. 

With this piece, I join with national, regional and global human rights and civil society actors, to call for a thorough, independent, and transparent investigation of the killing of George Floyd and other acts of police violence, and commitment to end impunity for police perpetrators by bringing them to justice. The racial profiling is not unique to the USA alone but also in other parts of the world that have normalized black oppression from all fronts.

The murder of George Floyd has taken place in the midst of an historic global pandemic that has resulted in a serious public health and human rights crisis. It is disheartening that while condemning this travesty of justice elsewhere, Kenya cannot proudly speak of its good record in policing. Extra-judicial killings, enforced disappearance and police violence that has resulted in serious injuries particularly among economically marginalized groups in the Kenyan rural and urban slums have been the hallmark of policing during the COVID 19 crisis. 

Yassin Moyo, 13, was murdered by a police officer while playing on his family home’s balcony

For instance, figures by Defenders Coalition -an organization that works on protecting human rights defenders against persecution because of their work, indicate that since the first case of COVID 19 infection was reported in Kenya in early March (until 31 May 2020), human tights monitors have documented 21 police killings and hundreds of injuries during violent enforcement of measures intended to minimize the spread of the virus in Kenya. Many more young men have been forcefully disappeared and human rights defenders have been victims of arrests, containment at quarantine facilities and malicious prosecution because of speaking out against human rights violations and other injustices. 

Journalists, medical service providers like nurses and medical officers as well as lawyers who are considered as essential service providers have not been spared the violence and ill-treatment. The fear of the violence, more than infections have forced the sick and women in labour to keep off medical facilities, exacerbating the medical crisis now and in the future.

The June 2nd 2020 announcement  of the approval – by the Office of the Director of Public prosecutions, of the prosecution of a police officer who is suspected of fatally shooting Yassin Moyo, a primary school pupil at the balcony of their home in Kiamaiko, Huruma in Nairobi provides a glimmer of hope for justice for the family and human rights defenders community that advocate for justice and accountability. Maybe it provides the hope that the wheels of justice in this and other cases will turn so us to slay the dragon of impunity that fuels the never ending police violence against fellow Kenyans. 

The boiling outrage against the killing of George Floyd in the  United States of America has poured into the streets exposing systemic injustices and discriminatory policing. The government and the American people must make the right choices to right historic wrongs against black people, minorities  and open a new chapter on race relation that abhors racism and violent policing of black communities across the world. 

Kamau Ngugi, 

Executive Director

Defenders Coalition

Photo Credit: Reuters

Press Release: For immediate Release

Nairobi, 11^th June 2020

Press Statement on the Escalating Reprisals, Intimidation and Harassment of Human Rights Defenders Including Mutemi Kiama In Kenya

Defenders Coalition, which is the National Coalition of Human  Rights Defenders in Kenya associates itself with the global campaign to bring to an end systemic discrimination and police violence against black people, who have endured sustained socio-economic and political exclusion the world over.

It is therefore, abhorrent that in the wake of a global ‘I can’t breathe’ movement to bring to an end police brutality. Police officers in Kenya have not only engaged in wide spread brutality against its citizens resulting in death and serious injuries, but have also singled out human rights defenders for intimidation and persecution.

Mutemi Kiama, a human rights defender and blogger is the latest among the growing list of human rights defenders and journalists that have recently survived serious injuries, unlawful arrests conducted violently, detention  and malicious prosecutions over criminal charges that were trumped up. Mutemi Kiama was unlawfully arrested on the night of Tuesday, 9 June 2020 after police officers from the Special Crime Unit (SCU) and Karen Police Station forcibly broke into his apartment. His phones, cameras and laptops were confiscated. He was detained at a police station before he was presented to court late evening the following day.

It is dreadful that officers from the  Special  Crimes Unit, a rebranded police unit that was historically accused for engaging in enforced disappearances, torture and extra judicial killings attempted to circumvent the lawful procedures by re-introducing Mr Mutemi Kiama to court to seek orders to detain him prior to investigation despite contrary advice from the Office of the Public Prosecutor.  It took the swift action of the defense legal team comprising of Hon Martha Karua, Harun Ndubi, Lempaa Soyianka and Mbugua Mureithi and an officer from the ODPP who arrived at Kibera Court in the nick of time, where the officers had sneaked the suspect without the knowledge of the lawyers and sought orders to detain him. The defense and prosecution refused to acquiescence on application by the police to have Mutemi detained for a week as they conducted investigation over an alleged crime of Digital Piracy. The court dismissed the application and affirmed the right of the rights defender/blogger to be set free as the police conduct their investigations. His tools of trade remain confiscated.

The Defenders Coalition condemns this unlawful arrest of Mutemi Kiama. Defenders Coalition believes in the rule of law and the right of the police to conduct their work freely, but lawfully. However, the conduct of the police to forcibly enter a private residence of  the defender late in the evening without court sanctioned order, the use of violence against the defender during the arrest, and attempts to hold the rights defender incommunicado following arrest and forum shopping in an attempt to seek favourable court orders to detain the blogger before preferring any charges, demonstrate keenness to circumvent the rule of law with  the aim to persecute or humiliate the defender.

These deplorable actions by the SCU police fall in a concerning pattern of escalating intimidation of human rights defenders in the country in the recent months.

To highlight, Collins Ochieng and  Samuel Gathanga of Ruaraka Social Justice Centre, were detained at the Central Police Station on 9 June 2020. They were arrested by police officers shortly after delivering a petition to Parliament regarding police brutality within informal settlements in Nairobi. The two were booked in with charges of failure to keep social distance and failing to wear face masks contrary to the directives given for managing spread of COVID-19. The two have insisted that they were not in contravention of the rules and that the charges were trumped up.  The two were released from custody after posting cash bail. They are expected to appear in court on Tuesday 16 2020 to be formally charged.

On 12 May 2020, woman human rights defender Ruth Mumbi received a message from an unknown number, threatening to make her “d

CALL FOR EXPRESSION OF INTEREST

TERMS OF REFERENCE FOR RESEARCH CONSULTANT FOR UPDATING THE SURVEY ON COMMUNICATION SURVEILLANCE AND PRIVACY OF HUMAN RIGHTS DEFENDERS

Title: Consultancy – Survey Report reviewing and updating

Expected start date: Immediately

Contract Period: 14 working days

Who we are

Defenders Coalition (The National Coalition of Human Rights Defenders–Kenya) is a national organization incorporated in the Republic of Kenya as a Trust. Its mission is to strengthen the capacity of human rights defenders (HRDs) to work effectively in the country and to reduce their vulnerability to the risk of persecution, through protection, capacity building, and advocacy for a favorable legal and policy environment. Established in 2007, NCHRD-K is the only national organization that works primarily for the protection of HRDs.

Background:

Defenders Coalition set out a survey to assess Human Rights Defenders (HRDs) level of exposure, understanding, and perception of communication surveillance as well as identify their strategies for mitigating the same in 2018. As enshrined in the CoK under Article 31, the right to privacy is a fundamental right protected in law across the world jurisdictions. Needless to say it is essential in providing the prerequisites for the protection of human dignity and enjoyment of the bill of rights. 

The report analyses the needs, concerns and areas of interest for HRDs in relation to privacy, data protection, and communications surveillance and establishes the impact surveillance has on the work of HRDs. The report also offered recommendations to various actors including HRDs to develop appropriate, timely interventions and advocacy strategies. The enactment of the Data Protection Act 2019 was a big step in the realization of the Right to Privacy and protection for HRDs especially against surveillance. A lot remains to be done especially with the proposed amendments to the Official Secrets Act which in this light seeks to negate the right to privacy and give the authorities an upper hand. 

Now more than ever efforts should be made to ensure that the checks and balances which are at the heart of the DPA are enforced and implemented.

Scope of the work

The consultant’s main duty shall be based on two specific tasks:

1. To analyze and review the report, special focus on the developments in legislation, specifically on the Right to Privacy and recommendations in the report that have been overtaken by such developments. The report can be accessed here.
2. To update the report accordingly.

Expected Deliverables

1. Updated report; Following the review, analysis of the original report, the consultant shall be required to submit the updated report for review and approval.

Timeframe: 14 Working Days

Required Expertise and Qualifications

1. Ability to draft clearly and concisely making human rights issues accessible to a wider, nontechnical audience.
2. Relevant experience with demonstrated record of providing research services (letter of recommendations from relevant clients will be an asset).
3. Minimum of two (2) years of research translation work within humanitarian fields.
4. Good knowledge of international human rights standards and best practices in relation to the rights to privacy.
5. Excellent research writing, editing skills and analytical skills.
6. Self-motivated, able to meet tight deadlines.
7. Team-oriented, poses a positive attitude and works well with others.
8. Excellent verbal and written communication skills.

Application Procedure

Qualified consultants must include in their application the following:

1. Technical Proposal not exceeding 5 pages on:  

• An understanding and interpretation of the TOR
• Methodology to be used in undertaking the assignment
• Time and activity schedule.

2. Financial proposal not exceeding 1 page

• Consultant’s daily rate in Kenya Shillings
• Other costs e.g. travel, accommodation
• Total cost

3. Organizational and Personnel Capacity Statement  

• Relevant experience related to the assignment (include samples of two most recent similar works and/or references for the same) 
• Contacts of at least 3 organizations previously worked for.
• Curriculum Vitae of the Consultant(s).

SUBMISSION OF PROPOSAL

Interested and qualified consultants should submit their application on or before 24th July 2020 to:

Kamau Ngugi

Executive Director

Defenders Coalition

Email: info@defenderscoalition.org 

Defenders Coalition is an equal opportunity employer. Persons from minority groups, indigenous groups, women and persons with disabilities are encouraged to apply. All applications will be treated with the utmost confidence.