65^th Ordinary Session of the Africa Commission on Human and Peoples’ Rights

Human Rights Defenders Situation in Kenya

23^rd October 2019

Statement by NATIONAL COALITION OF HUMAN RIGHTS DEFENDERS-KENYA (Defenders Coalition)

Madam Chairperson, distinguished Commissioners, State Delegates, representatives of NHRIs and NGOs.

On behalf of the National Coalition of Human Rights Defenders -Kenya (Defenders Coalition), I thank the Commission for this opportunity to raise some of the key human rights concerns from Kenya.

We are particularly concerned that the legitimate role of protection and promotion of human rights carried on by human rights defenders and Civil Society Organizations is criminalized and target for reprisal by both state and non-state actors. Below are a few incidences of violation of human rights fundamental freedoms of human rights defenders in Kenya:

Freedom of Expression:

On 3 May, World Press Freedom Day, Kenya news consumers, rights activists, media trainers, and practitioners highlighted soft censorship as the latest means used by entities to whip the media into compliance. Kenyans noted how commercial interests, partisanship, social media and political ownership of news outlets are the greatest threat to media freedom in Kenya.

For the first time, Kenya’s national census included a third gender – intersex – to the list of responses, in a move applauded by advocates. In an attempt to be more inclusive, the census also included new tribal categories for indigenous peoples who in previous decades were either not counted at all or lumped together with larger tribes that they have long accused of stealing their land and threatening their ways of life.

Freedom of Association:

On May 24, Kenya’s High Court upheld criminal sanctions on same sex relations. This decision was made despite testimonies from LGBT+ Kenyans describing the ways in which the criminalization dismisses them as equally deserving of human rights. This was aimed at repealing colonial-era sections of the criminal code, spearheaded by Kenyan LGBT+ human rights defenders and lawyers.

In August 2019, evictions of almost 60,000 people from the Mau Forest was conducted and is still ongoing even though adequate investigations into similar  human rights abuses by security officials during in July 2018. At least nine people died, including two children, in the eviction process since 2018.

Freedom of Peaceful Assembly:

Harassment, intimidation and detention of Human rights activists has also continued. On 30th April 2019, a Woman Human Rights Defender was arrested for participating in a peaceful protest dubbed #BeyondZeroCorruption.The HRD was in the cells for close to 10hours and was later released without any charges being preferred against her.

On 6 May 2019 a Human rights activist was also arrested for allegedly plotting a revolution. The police indicated that they had reason to believe that the Human Rights Defender had information that alleged organisation of a revolution that is likely to cause civil unrest and breach of peace. This arrest came just five days after he led peaceful demonstrators “Beyond Zero Corruption” campaign where they clashed with police.

On 16 May 2019, the United Nations urged LGBT+ refugees in Kenya to show “calm and restraint” after protests demanding better treatment turned violent, with police firing tear gas and arresting more than 20 demonstrators. More than 23 LGBT+ refugees have been arrested and are facing charges such as illegal assembly, creating a disturbance and assaulting police officers.

In March 2019, Public Order Act Amendment Bill 2019 was presented to the National assembly which includes intended provisions for organisers of public meetings or public processions leading to loss of property, life or earnings to take responsibility for the loss and compensate the affected persons. While there is general consensus by CSOs that the Public Order Act needs to be amended substantially or replaced by a new law, we note that this Bill seeks to further restricts the right to freedom of assembly and unduly punishes conveners of protests instead of calling on police to carry out their role to facilitate peaceful protests.

Most of the incidents reported by HRDs include threats of arrest, warnings against posting information about police brutality, home and office raids, and confiscation of laptops and other items. The National Coalition of Human Rights Defenders documented up to 20 cases where activists suffered these intimidation tactics. Article 11 of the African Charter of Human and Peoples Rights and international law standards that safeguards the right to peacefully assemble.

In light of these updates and observations, we urge the African Commission on Human and Peoples’ Rights to:

• Call on the Kenyan Government to provide a conducive legal environment that will ensure Civil society members, journalists and human rights defenders operate in a safe and secure environment without fear of reprisal.
• Call on the Kenyan government to cease arbitrary arrests of Human Rights Defenders  who work towards ensuring that Kenya promotes and protects human rights as stipulated in the constitution.
• Urge Kenya to apply systematical legal provisions that promote and protect human rights and establish mechanisms that protect human rights activists by adopting a specific law on the protection of human rights activists

• Call on the Kenyan government to ensure strong public statements recognizing the legitimate and important role of human rights defenders and that all alleged attacks against human rights defenders are promptly and thoroughly investigated.

I thank You

Delivered By Kamau Ngugi, Executive Director, Defenders Coalition

The nominations process for the Civil Rights Defender of the Year Award 2020 is now open and the call for nomination is out. . Nominations will be accepted until 29 October 2019, and we would like to invite you to be a nominator for the award.

Since 2013, Civil Rights Defenders has awarded the Civil Rights Defender of the Year Award to a prominent human rights defender who, despite the risk to their own safety, continues the fight for respect and protection of civil and political rights.

The Civil Rights Defender of the Year Award 2019 was awarded to Márta Pardavi, Co-Chair of the Hungarian Helsinki Committee, one of Hungary’s leading human rights organisations. For more information about past award recipients please click here.

Nomination is by invitation only.

To nominate someone for the Civil Rights Defender of the Year Award 2020, we ask that you submit a nomination form and a consent form signed by the nominee to award@crd.org before 29 October 2019. Use the email subject “Nomination for the Civil Rights Defender of the Year Award 2020”. Please click here for the call for nominations and links to download both forms (also attached here).

Candidates:

· Should have a central role in the human rights movement in the country or region where the person is active;

· Should have made exceptional contributions to the promotion and protection of civil and political rights; and

· Could be in need of international attention to improve the person’s protection.

Eligibility for nomination:

· Only individuals, not organisations, can be nominated;

· Self-nomination is not allowed; and

· Incomplete application forms will not be considered.

Nomination Process:

The recipient of the award is selected by the Board of Civil Rights Defenders, which chooses between three candidates presented by the organisation’s secretariat. The secretariat makes their choices based on nominations submitted by people like you. You can read answers to some frequently asked questions about the award here.

If you have additional questions, you may contact alexander.lange@crd.org.

I strongly encourage you to nominate the brave human right defenders around you who deserves such a big recognition and support. I hope your best nominees from our region will win the prize for the second time.

Defenders Coalition hosted Mashujaa Festival Concert on 20th October 2019 at Alliance Francaise, Nairobi to celebrate and honor human rights and social justice heroes.

The pomp-filled extravaganza attracted human rights defenders and friends of Kenya from across all walks of life. 

During the celebrations, notably, Defenders Coalition honored Prof. Yashpal Ghai who is a constitutional law professor and played a key role in the drafting of Kenya’s progressive new constitution.

Revellers who attended the event were provided with a commemorative wall to write the names of their heroes from as far back as the first liberation of Kenya. 

The event played host to top musicians and poets incuding Sarabi band, Mbogi Konnection, H_Art the band and spoken word poets including Javan the poet, Ndungi Githuku, gravity band, and Anthem Republic.

The celebrations, henceforth, will be an annual event that will serve purpose to mainstream the work of doing human rights defense as well as a platform for coming together to show solidarity, resilience and unappalled respect to HRDs who have lost their live while in the line of duty. 

10th Oct 2019

Nairobi, Kenya

PRESS STATEMENT ON THE ARREST OF FOUR HUMAN RIGHTS DEFENDERS: KIMANI NYOIKE, KENNEDY CHINDI, ANTONY MUGENDI AND GEOFFREY MUGENDA

Defenders Coalition strongly condemn arrest and incarceration of four Human Rights Defenders (HRDs) in the afternoon of 9th October 2019 next to August Memorial Park. The four who were arrested by plain clothed officers in unmarked police vehicle had earlier on participated in a peaceful protest in Nairobi to condemn escalating youth unemployment in Kenya.

The unprovoked arrest comes in the heels of other similar arbitrary arrests of HRDs whenever they held peaceful protests despite notifying the police as required by law. Other HRDs have been victim of falsified criminal charges and other punitive measures aimed to instil fear in them to stop their work particularly in matters touching on police corruption, abuse of power or criminal activities by some officers that have increased in recent days.

Defenders Coalition is concerned that intimidation and harassment of rights defenders is becoming the norm in Kenya despite assurances by senior police and government officials of cordial engagement between police carders, ordinary citizens and rights champions in order to fight crime.

Although their unconditional release this morning after spending a night in police custody is a welcome relief, we are concerned that the police has threatened to charge the four in court with a tramped up charge of committing robbery with violence, a capital offense that not only attracts death penalty or life imprisonment but also makes it harder to access pretrial bail.

Defenders Coalition has recently raised alarm over escalating impunity of violations against human rights crusaders, violent dispersing of protests and criminalization of the Right to Protest. The police in Kenya are leading in reported cases of violating defenders’ rights through physical assault, arbitrarily arrests, and malicious prosecution of cases that are tramped up. This is unacceptable and must be stopped in a democracy like Kenya.

On 7th October 2019, 13 human rights defenders were arrested in Mombasa while holding a peaceful protest against monopoly of SGR in transportation of goods that has affected livelihoods of residents of the coastal region in the trucking business. The13 were accused of causing disturbance and incitement to violence.

On Saturday 20th July 2019, twelve human rights defenders were arrested on their way home from a team building session and Human Rights Defenders party at the New Mathare Community school in Nairobi despite timely notification to the authorities. They were presented in court to be charged with the crime of being drunk, incitement to violence and causing damages to property at the police station. The court and office of the director of public prosecutions (ODPP) found the allegations laughable and unmerited hence dismissed them.

We call on the National Police Service Commission (NPSC), Independent Police Oversight Authority and the Kenya National Commission on Human Rights to proactively enforce their mandates to ensure human rights and fundamental freedoms of Kenyans are respected and protected.

We further call on the ODPP to investigate ongoing abuse of the justice process by the police that prefer trumped charges against human rights defenders in order to curtail their work.

Signed:

Kamau Ngugi,

Executive Director, Defenders Coalition

For media enquiries or to arrange for interviews contact |Francis Ndegwa| francis@hrdcoalition.org| 0721 443 397 | Communications Officer at Defenders Coalition| 

Defenders Coalition and Amnesty International- Kenya held an advocacy week dubbed Week of Action between 1-7 October 2019 to highlight the plight of Sengwer Community.

The week had activities planned to mainstream various human rights violations and social injustices committed against minority communities. The activities included media fellowship, intensive social media campaigns global solidarity through Missions, public presentations of signature petitions, human rights conservation conference and walk for justice.

All the aforementioned activities culminated to a walk for justice march to the presidency with one aim: to present signature petitions to the presidents demanding for recognition and protection of their constitutional right to their ancestral land in Embobut Forest. 

The community kicked off their march from Kapkop glade in Embobut Forest, marched through Elgeyo Marakwet, Tranzoia County up to the capital Nairobi on October 7- a day when the entire world marks the World Habitat Day.

A total of 150 community leaders appointed by Sengwer community, with the support of both Defenders Coalition and Amnesty International- Kenya marched through the streets of Nairobi City and presented their petition to the presidency successfully. However, the Presidency has not replied or issued any communication to the effect of acting on the petition.

Sengwer Community is an indigenous group and inhabitants of Embobut Forest in Rlgeyo Marakwet County. They have peacefully co-existed with the fauna and flora in the forest until recently when the government conducted forceful evictions.

Members of the community is estimated to be about 70,000. The evictions resulted to severe violations of human rights not limited to the right to ancestral land, education, health, safe and clean and healthy environment. The Sengwer Community are not against evacuating the forest because of conservation purposes but want social justice served in the entire process.

TO ALL MEDIA HOUSES

26th September 2019

The Police Reforms Working Group Kenya (PRWG-K) brings together over 23 National and International Human Rights Organizations that seek to advocate for reforms within the National Police Service. The Police Reforms Working Group-Kenya is premised on four pillars namely; Quality Service; Accountability; Public Participation and Police Welfare.

The Police Reforms Working Group Kenya (PRWG-K) recognizes the independence of the IPOA as provided for in law, and which must be guarded.

We are deeply concerned about the recent developments at IPOA, resulting in an impasse at Board level, dismissal of the Chief Executive Officer and negative consequences on the Secretariat. The latter, we are afraid, is affecting the Secretariat’s relationship with us as stakeholders, with regard to effective and efficient operations, including their independence of action as required by law.

We do believe that the process that led to the appointment of current board, and subsequent assumption of full time status may be the genesis for the current situation within IPOA.

We therefore call upon the Parliamentary Committee on Administration and National Security to institute an inquiry on the happenings at the Board of IPOA to remedy the situation. In doing so, the Parliamentary Committee must of necessity investigate and review:

• The entire recruitment and appointment process of the current board
• The legality of remuneration and salaries of the current board vis a vis the IPOA Act and other Statutes, regulations and policies
• The circumstances surrounding the Board members posturing as Commissioners in public and the change in IPOA’s branding to refer to the board members as commissioners. This situation has caused confusion both internally and among stakeholders and should be addressed as a matter of urgency.
• To investigate the possible existence of arbitrary use of power by the Board.

In doing, we call upon the Parliamentary Committee to ensure that the services of the Secretariat continue as they carry out their investigations.

We also call upon the Public Service Commission and National Treasury to safeguard the independence and continued operation of the IPOA Secretariat to ensure that services to victims continues uninterrupted.

In our understanding, the Board of any independent body is a policy and oversight body not an operational one. The current situation in IPOA dictates otherwise and therefore the need to review the status quo with regard to the Board.

We remain supportive of the IPOA team as we recognize the critical role it plays in driving the police reforms transformational agenda.

We call on Kenyans to resist any attempts to erode the hard fought independence of IPOA for the safety and security of all.

We, the undersigned Police Reforms Working Group:

1. Defenders Coalition (National Coalition for Human Rights Defenders Kenya)
2. Kenya Human Rights Commission
3. National Coalition for Human Rights Defenders
4. Independent Medical Legal Unit
5. Federation of Women Lawyers Kenya
6. Kenya National Commission on Human Rights
7. International Commission for Jurists.
8. International Justice Mission
9. Amnesty International- Kenya
10. Usalama Reforms Forum
11. International Centre for Transitional Justice
12. Legal Resources Foundation.
13. Catholic Justice and Peace Commission
14. Coalition on Violence against Women.
15. Centre for Minority Rights
16. Kenyans for Peace, Truth and Justice.
17. Peace Brigade International
18. Chemi Chemi ya Ukweli
19. Katiba Institute
20. Shield for Justice
21. Wangu Kanja Foundation
22. Women Empowerment Link
23. Transparency International-Kenya
24. Kariobangi Paralegal Network

“Deteriorating economy, looting of resources and electoral apathy may cause the already fragmented society to degenerate into clashes,” says NCHRD boss Kamau Ngugi

The Sh50 million rights defenders kitty has reached Sh500,000 through contributions of individual Kenyans.

National Coalition of Human Right Defenders executive director Kamau Ngugi says the amount is beyond their expectations as they did not think ordinary Kenyans would take up the matter so fast and wholeheartedly.

Ngugi told the Star during an interview that the majority of Kenyans who have contributed have sent amounts from as little as Sh100, Sh200 and Sh500.

“This shows that ordinary Kenyans have embraced our message, even forgoing lunch to support the course,” he said.

The coalition launched the drive in August under the rallying call of ‘Climb for Justice’.

Part of the drive is to climb Mount Kenya, expected to culminate in a summit on December 12.

The drive aims at raising the money to establish a safe hub where human rights activists can hold meetings for planning and strategy.

“In our planning, we thought the bulk of our support would come from corporate entities, embassies and probably well-endowed individuals. However, we are glad ordinary Kenyans have taken up the matter and are actively supporting,” Ngugi said.

The organisation has also received numerous commitments from corporate entities and embassies, he said, but did not specify the amount.

“Some entities have offered to sponsor billboards for us as part of creating the publicity for this initiative,” he said.

Ngugi said the outfit has always relied on personal generosity and magnanimity of embassies and foreign donors to support activists deserving protection.

But this is no longer tenable, he said, explaining that the dynamics of the West have been volatile in the recent past, impeding the flow of support outside the country.

“You see there is a lot of things changing in the West, particularly the rise of right-wing populism in the US and Europe. Most of these governments and their entities are inward-looking, hence reluctant to support causes outside their countries.”

The donor support to right activism causes has not been the only victim of the rise in populism in the West. Other areas like anti-HIV/Aids initiatives also suffered when the taps for support ran dry once US President Donald Trump rode to power, he said.

Expensive gatherings 

Ngugi said the right lobbies tend to be curtailed due to huge expenses of hiring spaces for meetings and training.

“It is really expensive to hire spaces in decent hotels for a press conference, seminar or meeting. We don’t part with less than Sh50,000 in any occasion. This is not sustainable,” the executive director said.

“The funds will help us establish a hub for rights defenders, including whistleblowing investigative journalists.”

The organisation has been supporting rights defenders who find themselves at conflict with the law. It bails out or hires lawyers for activists when they are arrested for the public good.

It also helps them secure a safe haven when rights activists’ lives are in danger.

“We must protect those who give their all to speak out for us. That is why we must support this initiative with our all,” Ngugi said.

Find the Story on The Star Newspaper through this Link.

The Accountability International Leadership Award is intended to be presented to persons or organisations who play an exceptional role in promoting accountability in the international response to human rights and inclusive sustainable development.

The long-term objective of the Accountability International Leadership Award is that of our organisation as whole: to contribute to a world where there is accountability for the lives, human rights and wellbeing of all persons, across all spheres of society.

As a watchdog ourselves, our mission is to amplify the diverse voices of marginalised communities, by ensuring that the voices of the community lead all our work, and as such we are interested in identifying and amplifying the voices and actions of those leaders who are accountable to the most marginalised through this award.

We hope to contribute to the visibility of accountable leadership. We wish to showcase and demonstrate that accountable leadership is possible, and to provide examples to the public for them to learn from and follow.

The award aims to recognise not only people and organisations who work on accountability, but who they themselves work in an accountable manner. We are looking for true accountability ambassadors who work on increasing accountability and who embody accountability themselves, in the way they work.

Read more About The Award Here

The selected candidate will work in close coordination with the Protection Coordinators for Africa, and will also provide support to other relevant staff across other programme areas in relation to our work in the region, as required. The fellowship will be for nine months and based in Front Line Defenders’ office in Blackrock, Co. Dublin, Ireland.

The fellowship is designed to provide training and practical work experience in an international non-governmental organisation to recent graduates seeking a career in human rights. The fellow will learn about Human Rights Defenders; the UN Declaration on Human Rights Defenders; the mandate of the UN Special Rapporteur; the role of Front Line Defenders and other national and international organisations in the support and protection of human rights defenders; the specific situation and challenges facing human rights defenders in the region. They will be expected to participate in induction, periodic reviews, weekly team and case meetings, and relevant out-of-hours events.

The successful candidate will be able to draft well and have good analytical skills. They will have some knowledge of the UN system and international and human rights law. They must be able to work in both English and French. Please note that we cannot make exceptions to the language requirement.

They will be able to work on own initiative and as a member of a team. They will have good oral and written communication skills and be computer literate. They will be flexible and cooperative. Previous work experience with organisations working in the field of human rights is desirable.

Basic terms of reference:

– Provide support to the Protection Coordinators working on Africa, including dealing with queries and correspondence with human rights defenders;
– Input HRD-related information on the Front Line Defenders’ database;
– Undertake research on human rights defenders in countries in the region;
– Compile and draft as requested briefings, country summaries, input to reports, urgent appeals, or other materials;
– Support follow-up on cases taken up by Front Line Defenders;
– Provide support to staff across other programme areas in relation to activities carried out in the region, including in particular in the organisation of and follow-up on trainings;
– Carry out administrative tasks as requested, including the taking of minutes in meetings;
– Provide French language support as necessary;
– Work on other specific projects and tasks relating to human rights defenders as requested.

Please include your CV and cover letter in the same attachment and title it with your last name. Applications which are not in this format may be missed.

Applications should be sent to Ed O’Donovan, Head of Protection, at recruit@frontlinedefenders.org by 18 October 2019. The next Research & Admin Fellowship – Africa will start on 13 January 2020 for a period of nine months.

Front Line Defenders is able to provide a contribution to living costs of €1300 per month. Front Line Defenders will reimburse the successful candidate the cost of their flights to and from Dublin. Please note that the cost of living in Dublin is high and that you may need additional funds to sustain your stay in Ireland. Front Line Defenders will assist with the Irish visa application process if relevant.

Front Line Defenders is an Equal Opportunities Employer and welcomes applications from all sections of the community.

In providing protection and support to human rights defenders, Front Line Defenders and its staff, interns and volunteers are committed to:

•     focus on the primacy and centrality of defenders;
•     demonstrate profound respect and empathy for defenders;
•     meet the needs expressed by the defenders in a fast, flexible and relentless manner;
•     achieve tangible impact;
•     act with independence, impartiality and integrity;
•     perform with dedication, professionalism and accountability;
•     show transparency and openness;
•     develop participative and cooperative relations.

Apply here: https://www.frontlinedefenders.org/en/research-and-admin-fellowship-africa-french-and-english-required-0