By Wallace M Nderu
Research and Advocacy Advisor, Defenders Coalition
Human rights defenders (HRDs) play a very significant role, championing for human rights and fundamental freedoms within the society and our communities. These are rights and freedoms enshrined not only in Chapter Four of the Constitution but in regional and international treaties and conventions Kenya is a party to. The championing of these rights is not for their own sake generally, but it is aimed at ensuring that they are respected, safeguarded and protected for the enjoyment of all. It is appreciated that rights and freedoms are not mere writings on paper, but the true aspirations of the people, to ensure that they live in dignity in a democratic setting governed by the rule of law and laid deep in the foundation of Constitutionalism.
Human rights defenders unfortunately are often viewed as trouble makers, idol humans whose only language is ‘mayhem’ and ‘anarchy.’ They are constantly seen as persons who ‘do not mind their business.’ Those who view them from this very narrow and constricted lens, are those who violate the rights of a people and trample over their freedoms. Those who wish to subvert the clear provisions of the law, without any forms of consequences. To them, such ‘busy bodies’ should be ‘extinguished’ such that they can continue with violations and abuses, without a care in the world. As a result, HRDs, have endured a lot of harm, from being maimed, abducted, tortured, enforcefully disappeared and even being killed in an extra judicial manner, all for standing up against injustices, violations and abuse. These are some dire challenges and risks they endure only armed with the dream of a better tomorrow. A tomorrow that has the Kenyan citizenry at the heart of it.
It needs to be appreciated that HRDs play a very significant role within our society and communities. In many instances, violations and abuses have been brought to light owing to the critical and most often dangerous work that they do. Through monitoring, documentation and reporting, they have been able to shift narratives, alter causes that would have otherwise been disastrous. The recent arrest, harassment and crackdown of human rights defenders following June 17th and 25th protests, speaks volumes. Such actions, using HRDs as scapegoats cannot hold water and just as smoke, it quickly disappears. Curating narratives that those who stand up against violations, injustices and abuses are ‘criminals’ is not only gravely concerning, but outright wrong at many different levels.
Kenya does not have a policy on the protection of human rights defenders. One the begs the question whether this is deliberate. During Kenya’s review in May this year under the Universal Periodic Review, by the Human Rights Council at their 49th session, Kenya received recommendations to enact a clear policy that protects HRDs. Further, recommendations were made to ensure that a conducive environment has been created for the said HRDs to thrive and operate in owing to the significance of their work. It is not the first time Kenya is receiving such recommendations, during the 1st, 2nd and 3rd Cycles, the same were made. In all instances, the State through the government acknowledges the recommendations, but never implements the same. The lack of good will to ensure that HRDs are well and secure is a growing concern that is disturbing.
The UN Declaration on Human Rights Defenders recognise the key role HRDs play in the realization of human rights within the international human rights system. This can be translated to the national level as well. In addition, if HRDs were not significant, the offices of the Special Rapporteurs of HRDs at the African Commission and United Nations level could not be in existence.
It is very prudent that the significant work HRDs undertake to ensure that rights and freedoms are respected and protected, is acknowledged. The time has now come for Kenya to develop a comprehensive framework and policy that speaks to the protection of human rights defenders in the country and ensure that they have a conducive environment in which they operate and thrive in. The unlawful targeting, intimidation, harassment, threats against HRDs must end. The protection of HRDs, in all their diversity, is critical.