Essy is a human rights defender working to promote basic rights and fundamental freedoms. She has been part of social movements and have over ten years of experience working on human rights with a specific focus on lesbian, gay, bisexual and transgender individuals in Kenya. She is currently the founder and Executive Director of Initiative for Equality and Non Discrimination (INEND) that advances the human rights of sexual and gender minorities.
Her advocacy journey with organizations started in Nairobi, Kenya in 2009, where she worked with Gay and Lesbian Coalition of Kenya and Persons Marginalized and Aggrieved (PEMA Kenya) from 2010 to 2016. She is also a 2014 fellow of the Human Rights Advocates Program at Columbia University. Esther also the 2017 Upinde Awards, Shujaa Category Nominee. Her experience in these organisations led to the conceptualization and formation of INEND to directly contribute to a safer environment by working with the documented perpetrators of violence towards creating an enabling environment for the sexual and gender minorities and bridging the gap between sexual and gender minorities and the society at large, by educating the public on the human rights of sexual and gender minorities.
As a Human Rights defender working on sexual minority rights in the Coastal Region of Kenya, which is Muslim dominated, advocacy for human rights of sexual and gender minorities was one of the greatest challenges faced by Essy. She however managed to work with religious leaders and establish a network of religious leaders who continue to work with sexual and gender minorities.
She has also been able to start dialogue with motorcycle taxi operators who have been known to inflict actual violence on sexual and gender minorities. Currently their leaders are being trained as trainers of trainers (TOT) to be the ones reaching out to their peers with human rights messages for sexual and gender minorities.
“There are no gay rights, there are only human Rights as we are all human beings not gay beings,” says Essy
20 Feb. 18
Nairobi, Kenya
The National Coalition of Human Rights Defenders-Kenya welcomes the news that human rights defender Aloys Habimana was released from the custody of the Service National de Renseignements (SNR – National Intelligence Services) in Burundi on Monday 19 February 2018.
Aloys was arrested on Saturday,17th February 2018 near the border of Burundi and the Democratic Republic of Congo. According to Front Line Defenders, he was detained by the Service National de Renseignements (SNR – National Intelligence Services) in Bujumbura for two days without access to counsel. This is contrary to regional and international human rights mechanisms that prohibit arbitrary arrest, right to freedom of movement, the right to liberty and security of person.
“Human rights defenders’ fraternity in the region was deeply concerned with the safety and wellbeing of Aloys while in custody considering that SNR has been responsible for numerous arrests, torture and ill-treatment of human rights defenders and political opponents in Burundi,’ said Kamau Ngugi, Executive Director of National Coalition for Human Rights Defenders-Kenya while welcoming the news of Aloys’ release from custody.
Aloys Habimana is a well known among human rights defenders in the Africa region because of his timely response to those at risk. Aloys is Front Line Defenders’ Protection Coordinator for East and Southern Africa, an Irish based human rights organization that supports and protects human rights defenders at risk around the world. Aloys has worked with Front Line Defenders since 2012
The National Coalition of Human Rights Defenders reminds East Africa states of their commitment to free movement of people across the region and call on authorities in Burundi to cease targeting of human rights defenders. Human Rights Defenders should be able to carry out their legitimate human rights activities without fear of reprisals and restrictions as decreed by the ‘UN Declaration on Human rights Defenders’, adopted by UN General Assembly Resolution A/RES/53/144 of 8 March 1998.
For further information contact:
Kamau Ngugi, Executive Director, National Coalition of Human Rights Defenders Kenya (NCHRD-K); info@hrdcoalition.org; Tel; +254712632390
The Centre for Applied Human Rights at the University of York is opening a new Call for Nominations for the Protective Fellowship Scheme for Human Rights Defenders at Risk. The Centre is planning to host up to eight defenders who are expected to stay in York for 3-6 months. New Fellows are expected to start in York in mid-September 2018 or in special circumstances in early January 2019.
Nominations for female human rights defenders are particularly welcome. For specific information on eligibility criteria and an overview of the Scheme, please see attached documentation.
Nominations are accepted from recognised civil society organisations and/or organisations working specifically with human rights defenders.
All the documentation should be sent together in one email from the nominating organisation’s email account. Deadline for nominations is 23:59 GMT Sunday 15 April 2018.
If you have any questions, please do not hesitate to contact patricia.bartley@york.ac.uk. Visit University of York’s website for more details here: https://securityofdefendersproject.org/artisticwork-en/
SUMMARY OF KEY FINDINGS BY THE NCHRD-K BETWEEN APRIL – NOVEMBER 2017
The NCHRD-K election project confirms a chilling pattern of attacks of human rights defenders, CSOs and journalists during the election process. While such attacks have taken place at other periods, the right to vote appears to create a particularly volatile period for advancing human rights, informing the public and exposing malpractices for timely remedy.
The attacks, intimidation and threats of deregistration of CSOs, personal attacks, destruction of equipment, denial of access and even killings of Journalists, HRDs, and election monitors have been perpetrated by state and non-state actors despite constitutional safeguards and the existence of laws and policies that recognize the critical role played by HRDs, journalists and other civil society actors in exposing human rights violations and providing vital information to citizens.
The 52 cases of human rights violations targeting HRDs, journalists and CSOs documented by the NCHRD-K since it kicked off the election monitoring exercise in April 2017, and covering both 8 August 2017 elections and the 26 October 2017 presidential elections illustrate critical debate regarding measures needed to ensure justice for victims, accountability of perpetrators and arrest future occurrence by putting in place necessary intervention measures and support programmes. These are highlighted in the report below.
The Government has been told to secure the observers and journalists who will be will be monitoring the August 8 General Election. The National Coalition of Human Rights Defenders (NCHRD-K) decried harassment of the civil society and the fourth estate during the party primaries and ongoing campaigns, despite the groups playing a critical role. According to a report released by the NCHRD-K yesterday, 13 cases of intimidation of human rights defenders, monitors and journalists have been reported since April.
NAIROBI,
05 MAY 2017
“The National Coalition of Human Rights Defenders – Kenya (NCHRD-K) welcomes the judgment entered, on 4th may 2017, by the High Court in Nairobi granting Ms. Lucy Hannan a two year work permit as she finalizes her application for citizenship. Justice Isaac Lenaola ruled that the decision by the government not to renew Ms. Hannan’s work permit in 2013 was unprocedural and in violation of the Constitution.
This positive decision comes after a protracted four year court battle where Lucy Hannan, a British journalist and human rights defender who has been resident in Kenya since 1988, sued the State in December 2013 for refusing to renew her work permit on grounds that she was a “subversive”, a ‘threat to national security’and ordered she be removed from the country.
“At a time when the prevailing environment for human rights defenders in Kenya can only be described as volatile, the judicial system remains an instrument of intimidation of HRDs. Therefore, this ruling inspires a level of confidence in the independence of the judiciary in ensuring justice for human rights defenders. ” Says Kamau Ngugi, Executive Director of the NCHRD-K.
The position of the NCHRD-K is reaffirmed by the findings of a report released on 3 May 2017, KENYA: 2017 Elections: Broken Promises put Human Rights Defenders at Risk, after a fact finding mission by the Observatory for the Protection of Human Rights Defenders, that human rights defenders in Kenya are often criminalized on the basis of trumped-up charges, which aim at intimidating them through episodes of frequent arrests, detentions in police stations, long trials and punitive bail and bond terms. This inevitably prevents them from pursuing their legitimate human rights activities.
Lucy Hannan with Main Kiai, the immediate former UN Special Rapporteur on the Rights to Freedom of peaceful Assembly and Association, established a human rights institution, InformAction in 2009 and have been instrumental in driving community discussions to encourage ordinary citizens to speak out and take action against human rights violations. The organization has empowered hundreds of thousands of Kenyans in rural and marginalized areas using mobile human rights clinics. Consequently, they have received numerous threats, both online and offline since 2013.
The NCHRD-K:
1. States that the work of human rights defenders is essential in upholding democracy and the
rule of law and this can only be achieved by ensuring a safe and enabling environment for human rights defenders to work.
2. Calls upon the State to support the work of human rights defenders and put in place mechanisms that will ensure the protection of human rights defenders from harassment, intimidation, threats and attacks.
For additional information contact Kamau Ngugi on dkngugi@hrdcoalition.org or Yvonne Wamari yvonne@hrdcoalition.org
Signed,
KAMAU NGUGI
Executive Director, National Coalition of Human Rights Defenders – Kenya”
EXECUTIVE SUMMARY
Findings of the Report
Several key issues emerge in the report. First, since 2003, the legal, policy and administrative space
for HRDs in Kenya has deteriorated. An increasingly antagonistic relationship between civil society
and government has prevailed, triggered by among other things Civil Society Organisations’ (CSOs)
advocacy in favour of the Kenyan cases before the International Criminal Court (ICC) and CSOs’
demands for respect for rule of law in security operations.
Second, as a result of CSOs and HRDs advocacy activities, the State has pursued retrogressive measures that curtail the work of HRDs and CSOs through the enactment of laws that criminalize their work.Legislation such as the Security Laws (Amendment) Act (SLAA) 1 and attempts to amend the Public Benefit Organisations Act2 before it comes into force, points to the State’s determination to control the operation of CSOs in Kenya.
Third, the media, including social media, has also borne a heavy burden of restrictive laws such as the SLAA, the Kenya Information and Communication (Amendment) Act, and the Media Council Act4 .
Fourth, physical attacks, killings, and intimidation of HRDs, allegedly committed by state and nonstate
agencies, have also been on the rise.
Finally, HRDs at the grassroots level also face challenges while championing for among others, accountability, respect for discriminated and marginalised groups and land rights within their localities. They have been harassed by local administrators and other private actors and in some cases they have faced what appear to be false charges aimed at intimidating them into silence. Due to the remoteness of their areas of operations, issues affecting local HRDs are not given national media attention. These trends notwithstanding, HRDs have remained unbowed and have spared no opportunity in appropriate cases to approach the courts to vindicate their rights.
Since the promulgation of the Constitution of Kenya in August 2010, several landmark judgements, relevant to the work of HRDs, have been delivered by the courts and in most cases, the courts have rendered decisions that uphold human rights. However, the prevailing state of conflict between HRDs and the State is no longer tenable and needs to be urgently addressed by all stakeholders.
In particular, the Government needs to demonstrate its commitment to uphold the human rights of
every citizen, including HRDs, and take necessary measures to enhance the social, political, legal, policy and administrative environment for HRDs in Kenya. This duty is in line with government human rights obligations as enshrined in the Constitution, international human rights treaties and regional conventions ratified by Kenya and the UN Declaration on the Right and Responsibility of Individuals Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms commonly known as the UN Declaration on Human Rights Defenders.
Michael’s passion to join human rights work was driven by the need to see the youth take charge in the advancement of a better society. He works closely with the community empowering the young women and girls on health rights and also advocates for justice for victims of historical land injustices.
His greatest achievement was being part of a team that successfully advocated for the closure of Kenya Metal refinery, a smelting plant whose emissions led to lead poisoning of the surrounding community. is came with threats from various actors.
Ishmael started his human rights work in 2004 when he initiated a kitty for LGBTI individuals from where they could access funds to assist each other when they were faced with challenges. This initiative led to the birth of Mombasa Brotherhood in 2006 that later grew into the current PEMA Kenya in 2008, a local organization that deals with the rights of LGBTI persons in the coastal region of Kenya.
His inspiration to join the human rights work was the numerous attacks of LGBTI persons in the area and his personal experiences.His greatest achievement is the establishment of an LGBTI movement in that works with religious leaders to champion for rights of the LGBTI community and to help Queer Muslims reconcile their Islam and sexual identities. He has also taken many budding HRDs under his wing offering them mentorship.
He was recently awarded the best Community Mobilizer for the Muslim Community by The Inner Circle, A Muslim Human Rights Organisation based in Cape Town, South Africa.Advocating for LGBTI rights in the Coast region, predominantly Muslim and highly homophobic community, has left him vulnerable to threats and forced evictions. His courage, determination, passion and hope have enabled him to overcome these challenges.
“It is my joy whenever I see the little drops of
my effort creating a ripple in the still waters of the ocean,” Ishamel
Chacha is a husband, a father and an advocate of the high court of Kenya admitted into the bar in 2001. He started his human rights work in 2006 by participating in free legal aid clinics in prisons courtesy of the Legal Resources Foundation. He also works closely with CSOs by providing legal support and relocation of displaced persons under risk after the post-election violence of 2007/8.
He focuses on access to justice for people living with HIV who were stigmatized at their places of work, victims of torture, extra judicial executions and enforced disappearances and excesses in combating terrorism.His successes include offering probono legal assistance to the indigent and the advocacy work he has done in fostering cordial relations between the suspected terrorists and the administrators of both Kamiti maximum prison and Shimo la Tewa Prison.
His work on counter terrorism carry many risks including physical and digital surveillance,threats and his home broken into.He was inspired to join human rights work as a student of history and the realization that the enjoyment of fundamental rights result of sacrifices by HRDs all over the world.
“Furqan is an Arabic name meaning that which distinguishes right from wrong…
darkness from light, I believe in this,” Chacha Mwita