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.

17 May 2020

Press Release: INTERNATIONAL DAY AGAINST HOMOPHOBIA,BIPHOBIA,INTERPHOBIA AND TRANSPHOBIA (IDAHOBIT) 2020

Defenders Coalition was delighted to join Kenyans and people across the world in marking the 2020 annual International Day against Homophobia, Biphobia, Interphobia and Transphobia (IDAHOBIT).

This day May 17th was specifically chosen in 2004 to commemorate the World Health Organization’s decision in 1990 to declassify homosexuality as a mental disorder.

It is meant to draw world attention to the untold violence, stigmatization, harassment, othering and discrimination experienced by people with diverse sexual orientations, gender identities or expressions, and sex characteristics.

These people include intersex, lesbian, gay, bisexuals, transgender and gender non-conforming persons.

Defenders Coalition is happy to acknowledge the realization of key milestones in Kenya that will eventually shape the space within which this community exists. Due to a government taskforce on to interrogate the plight of Intersex Persons and give recommendations to the state, Intersex Persons who many a times a marginalized, minority and vulnerable group that continues to face a multitude of challenges and human rights violations from birth including stigmatization, ridicule and discrimination have since been recognized as a gender.

For the first time in history, they were recognized by the Kenyan government , by being counted during the 2019 National Census conducted in August 2019.

This year’s commemoration comes at a time when the world is facing a Covid-19, a pandemic that has threated not only the safety of global citizens but their livelihoods and wellbeing occasioned by a common mitigation effort “social distancing”.

COVID-19, on its advent, has imposed on LGBTI people an unprecedented dual reality – the need for community clashing with the imposed necessity for social distancing – when expressly LGBTI persons have been and continue to be victims of the most extreme forms of social, legal and religious distancing known for the longest time.

It is paramount to note that while many societies around the world have made progress in the acceptance and inclusion of LGBT+ people, Kenya continues to criminalize certain sexual orientations thus LGBT+ people are not entirely safe.

Domestic violence by close relatives and irrational family members continues to be predominant form of violence extended to LGBT+ people even in the absence of the pandemic. The situation has worsened due to teeth wrenching effects of Corona virus disease. It has been amplified now that many LGBT+ people have been forced to return to hostile family homes due to loss of livelihoods.

Defenders Coalition understands that for LGBT+ people today, the situation is dire. We endeavour to continue working to mitigate the risks, security and safety threats  that have been amplified by COVID-19.

Defenders Coalition urges the Kenyan Government to expressly meet its commitment under the United Nations Universal Periodic Review (UPR) and adopt a comprehensive equality and non-discrimination law, granting protection to all individuals, irrespective of their sexual orientation, gender identity, expression and sex characteristics for a long term, comprehensive, sustainable frameworks that will ensure genuine, lasting inclusion and acceptance of LGBT+ people.

To the sexual and gender minorities, the Defenders Coalition celebrates you on this day and affirms you of our commitment to champion your rights for your holistic socio-economic wellbeing and general safeguarding of your dignity.

Defenders Coalition

#ShujaaMtaani

Christine Wandera is a WHRD, community organizer and sociologist from Maringo, Makadara Constituency in Nairobi County, a once residential area exclusively for officers  to working in the government during the post-colonial Kenya. In recent times, the estate is inhabited by both young and old (Retired) low income earners to poor in-city informal settlements that stretch on most of the estate’s streets. 

 When the first case of Covid-19 was announced in Kenya, many alike, expressed fear of the unknown and the unprecedented disruption, loss of livelihoods and and life that the disease could impact communities. Christine was one of them. at that point, she knew that she had a critical role to play in the society as a leader to ensure safety of the people. 

Quickly, Christine put together a team of women- majority were trained community workers and volunteers- whom she then volunteered to train on liquid soap making. Her plan was to make the soap, and distribute it for free to community members even when she knew that she did not have sufficient economic muscles to sustain the activity. They named the group M-Finest for Maringo Finest.

Together with the volunteers, embarked on distributing soap in half a liter recycled bottles. They would distribute the soap to the vulnerable and exposed members of the community such as vendors, needy and the old. They also launched a hand washing campaign where they demonstrated how to wash hands with the following messages:

1. Kunawa mkono inaanzana mimi (Washing hands starts with me)
2. Nawa mkono kinga jamii (wash your hand protect your community )
3. Nawa mkono ujikinge (wash your hands protect yourself)
4. Nawa mkono upige corona teke. ( wash your hands kick out corona)
5. Nawa mkono uangamize corona.(wash your hands to eliminate corona)
6. Nawa mkono uzuie corona (wash hands to prevent corona)
7. Nawa mkono uepuke corona( wash hands and escape corona)

They continue to sensitize community members about the disease with the help of donations from well wishers in the form of face masks, sanitizers, food stuffs and funds for producing more soap.  

She has also offered free counselling to victims of gender based violence during the corona period as well as training their immediate family members of the best practices of handling the victims.

M-Finest has been able to reach over 2000 households through the distribution of over 1000 masks, produced 500 litres of liquid soap and even shared soap with Jogoo Police Station Officers. 

#ShujaaMtaani

Brenda Cheboi is a young Indigenous Persons activist from the Sengwer community whose ancestral home is in Embobut Forest in Elgeyo Marakwet County.

Brenda works towards the realisation of an enabling environment for youths and young girls in the community to become economically empowered to reduce the national unemployment rate of 35% amongst youths in Kenya.

She also advocates for land justice, zero sexual and gender based violence and continuously challenges oppressive patriarchal norms within her society.

A teacher by profession, Brenda has been instrumental for her community by being the translator and interpreter of government messaging on Covid-19 management guidelines. She uses participatory theatre to sensitize community members in their homesteads.

Moreover,  she has used the same approach to engage community members who cannot read and write about land justice and the Constitution of Kenya.

During the coronavirus pandemic, Brenda’s skills on liquid soap making were enhanced by the Defenders Coalition. Through the training, Brenda has passed on the skills to Sengwer Youth and Women through regular training. She has overseen the making of over 300 litres of liquid soap by trainees, which is then distributed to community members and neighbours for free.

With the help of the new trainees, Brenda continues to rally and sensitize community members on the need to maintain high hygiene standards to combat the spread of the virus and also for personal health and wellbeing. Through her efforts they have been able to distribute soap to all homesteads within their locality.

#ShujaaMtaani

Mary is an Indigenous Woman Human Rights Defender from the Indigenous Persons Community- The Sengwer – whose ancestral land is in Embobut Forest in Elgeyo Marakwet County. 

She is the chairperson of the Sengwer Women Group, a group that has been on the forefront mainstreaming the plight of women and young girls from Embobut Forest and how the government’s eviction from the said forest has worsened the situation of gender justice.

She is a Lands Rights activist advocating for the ancestral land rights for her community and a strong Women’s right champion within her community.

Mary with youths in Kabolet, Cherangany( where Some of the Sengwer Indigenous Persons live) getting ready for liquid soap distribution

During Covid-19, Mary and members of the group took it upon themselves to sensitize community members on Covid-19 and the best personal etiquette and public health practices that would ensure curbing of the disease and as per government directives.

Further, she heads the group in liquid soap making. Mary then distributes the soap from door to door and it is at this activity that she gets the opportunity to sensitize community members. 

Beneficiaries of her work do not only hail from Elgeyo Marakwet. She has gone as far as to Kabolet, Cherangany in Trans-Nzoia County, where she has been imparting women with soap making skills. A section of The Sengwer Indigenous Persons live in the area too.

The community members lead an impoverished life as a result of the government’s violent evictions from their ancestral home. The evictions disrupted the socio-economic wellbeing and co-existence of the Sengwer Community and Embobut Forest.

Therefore, there are not enough disposable incomes that would otherwise promote access to commodities such as soap and other essential items aiding the fight against the spread of coronavirus disease. 

Mary has been a key figure in combating police harassment within her community and speaking up against excessive force unnecessarily meted upon locals in the wake of enforcing government measures.

Mary Komen with Group Members distributing liquid soap In Elgeyo Marakwet West

# ShujaaMtaani

Calvin, famously know as Calvo is a jovial and dedicated human rights and social justice champion who stops at nothing legal to bring untold stories to life.

In an era where information is a very powerful tool, Calvo has mastered the art of harnessing photography and videography to ensure everyone has access to information. Through his innovative online platforms including YouTube and Facebook, he goes that extra mile to tell a story, that otherwise could never be heard.

Calvo is a member of the Justice Centre Working Group- a vibrant network within the informal and low income settlements in Kenya, where he provides coverage for the community based organization’s activities and also at a personal development and documentation.

As human rights defenders sought alternative ways of doing the work of defending human rights during the onset of corona virus disease in Kenya, Calvin, an avid social media user moved towards online activity through robust content creation around participatory story telling.

With a keen eye in photo and video storytelling, Calvo incubated Hood Tv, where, with a team of young and creative HRDs, visit different residential estates and slum areas to interact with residents on emerging human rights and social justice issues as a result of covid-19.

He also uses the stories to sensitize his followers on corona virus disease and holds in-depth analysis discussion on his documentaries to debunk misunderstood human rights jargon and work to his followers.

His main focus is on advocating for transparency and accountability, especially on development projects that affect slum dwellers who have been the worst hit by covid-19 disease due to misappropriation of funds by duty bearers, lack of prioritization on the root cause of issues in slum areas, loss of livelihoods, poor sanitation, extrajudicial killings by rogue police officers and gender based violence.

So far, he has created 10 out of his target of 16 documentaries that touch on specific issues within different neighborhoods in Nairobi that seek to highlight covid-19 and its effects in communities living in-city informal settlements.

INTRODUCTION

Civic space in Kenya continues to be under pressure as a range of actions is being directed against the work of Human Rights Defenders (HRD), HRDS networks and Civil Society Organizations (CSO) in Kenya. Physical attacks, criminal and administrative actions, reprisals, legislative restrictions, negative rhetoric and limitation of human rights have undermined the constitutional and international protections available to HRDs.

It is against this backdrop that the Working Group on Human Rights Defenders in Kenya, which brings together CSOs, the UN and development partners concerned with the protection of HRDs, is organizing the fifth edition of the HRD Awards on the 27^th of November 2020. The aim of the ceremony is to honor and publicly recognize the important work of HRDs and HRDs groups in Kenya, by giving out awards to those who have demonstrated courage, innovation and impact in the promotion and protection of human rights and fundamental freedoms. The awards are presented in three categories: the Munir Mazrui Lifetime achievement award, the Human Rights Defender of the year award and the upcoming Human Rights Defender of the year award.

THE OBJECTIVES

The objectives of these awards are to:

• Honor the extraordinary work of HRDs and groups of HRDs in the promotion and protection of human rights;
• Profile the work of HRDs and the challenges they face as agents of social change and transformation;
• Recognize and appreciate the human rights work of young and upcoming HRDs and HRD groups in Kenya and support talent;
• Enhance the safety and protection of all HRDs in Kenya;
• Recognize innovation in engaging with human rights work

SELECTION PROCESS


• Nomination:

The Working Group on Human Rights Defenders in Kenya develops a call for nominations, which is then widely circulated by the National Coalition of Human Rights Defenders-Kenya (NCHRD-K, also referred to as Defenders Coalition) and other partners. This call outlines the criteria for eligibility for nomination. Both individual HRDs and groups/organizations can be nominated in the three categories.

• Shortlisting:

A panel comprised of missions and organizations involved in the planning of the HRD Awards then shortlists five individuals/groups per category within the set-out guidelines for shortlisting candidates.

• Verification:

The panel verifies the HRD’s human rights work through field visits, and interviews with the nominators, the nominees and their references.

• Selection:

The Judging Panel, which comprises of eminent individuals in the human rights sector, makes a final decision, from the names submitted, on the recipient of the three awards and the runner up.

• Award ceremony:

Will be held on the 27^th of November 2020 in the presence of CSOs, the UN, the government, selected HRDs, representatives from the international missions, and the media who will cover the event.

SELECTION CRITERIA

The following will be taken into consideration:

• Is the HRD or the group grassroots based?
• Demonstrable impact of the HRD’s or the group’s human rights work to the community
• The role of the HRD or the group in promoting human rights, especially the rights of marginalized and vulnerable groups
• ‘Civil courage’ of the HRD or the group in human rights work
• Demonstrated leadership, innovation and creativity in the human rights work of the HRD/the group
• Contribution to development of a human rights based approach within the relevant county with regards to the thematic area of focus
• Future goals and likely impact
• Degree of difficulty of the achievement and sacrifices made
• Visibility derived from the award to enhance the work of the HRD or the group to promote human rights and active citizenship
• The HRD/group should have a link to the community and the work should have built or is
working towards building a movement

AWARD

Three awards will be presented to the overall winners:

1. The Munir Mazrui lifetime achievement award,
2. The HRD of the year award and;
3. The upcoming HRD award.

The winners will receive:

• A cash award of $ 1,000 in every category
• A plaque with the HRD’s or the group/organization’s name on it
• Will be a guest at the HRD award ceremony 2021

To nominate your favorite HRD, Download the nomination form here

or nominate online via https://forms.gle/DujVWEsXGZPo5yg56

All nomination forms should be sent back to the Defenders Coalition via advocacy@defenderscoalition.org with a clear subject line “HRD AWARDS NOMINATION” by the 15^th of August 2020, 11.59 P.M

#ShujaaMtaani
EDITAR OCHIENG, FOUNDER FEMINIST FOR PEACE RIGHTS AND JUSTICE CENTRE

Editar is a feminist activist , convenor and social justice champion in Kibera, Nairobi, which is one of the biggest slums in Africa.

Rachael Preparing food stuff at a local warehouse  for distribution on her community photo by Frederik

#ShujaaMtaani Rachael Mwikali is a leader, community organizer ,feminist and woman human rights defender from Mathare informal settlements in Nairobi County-Kenya.

With the support of young members of her social movement ,Friends, volunteers and the support of well-wishers, Rachael has consistently fed vulnerable populations within her community and within Nairobi County during the covid-19 pandemic.

Weekly, she feeds up to 600 families through donations sent to her by her friends and well-wishers who have grown fond of her human rights based humanitarian response to covid-19, mass media and on social media platforms.