CALL TO UPHOLD HUMAN RIGHTS AND CLASSIFY HUMAN RIGHTS MONITORING AND OVERSIGHT BY CONSTITUTIONAL AGENCIES AS ESSENTIAL SERVICE PROVIDERS

Defenders Coalition welcomes measures that the government is implementing to contain the spread of the Corona Virus. We are however concerned that the exclusion of critical human rights actors and state oversight institutions from this classification will likely undermine public trust in a process that lacks sufficient assurance and oversight over respect for fundamental human rights in the country during this difficult time.

Today, Friday 27 March 2020, Defenders Coalition received an alert on excessive use of force by police officers in Mombasa County. The same was covered by media houses pointing at excessive use of force by National police service officers to disperse members of the public at Likoni Ferry Crossing. The victims of this unfortunate incident were innocent Kenyans who were headed home to beat the set time for the curfew that was commencing today at 7.00 pm. The incident happened at around 6.00 pm

On March 25, 2020, The Presidency addressed the nation on a raft of measures that the government was putting in place to combat the spread of Coronavirus Disease COVID-19 in Kenya. Standing out among them is the nationwide curfew between 7pm to 5am to be observed by all citizens except select institutions and professions classified as essential service providers.

With the WHO database indicating over 509,164 cases worldwide as of 27th March 2020, majority being reported within the past few weeks, and Kenya’s own cases rising rapidly from 1 to 31 within 14 days. The COVID-19 pandemic could meet the restriction threshold on certain rights and freedoms. However, even in the event of such restrictions, human rights safeguards, sufficient oversight and accountability mechanisms must be put in place.

The constitution of Kenya and international human rights law, specifically the International Covenant on Civil and Political Rights (ICCPR) and International Covenant on Economic, Social and Cultural Rights, which binds Kenya, guarantees everyone the right to the highest attainable standard of health and obligates governments to take steps to prevent threats to public health and to provide medical care to those who need it. The same law also recognizes that in the event of serious public health threats and public emergencies threatening the life of a nation, restrictions on some rights can be justified when they have a legal basis, are strictly necessary, based on scientific evidence and neither arbitrary nor discriminatory in application, of limited duration, respectful of human dignity, subject to review, and proportionate to achieve the objective.

Defenders Coalition is concerned on the measures being put in place for protection of at-risk populations. The government must realize that a broad-based curfew is difficult to impose and enforce uniformly, thus we fear that this measure might further expose these populations to a new murky depth of inequality, violations and marginalization. We call on the Government of Kenya to take into consideration the disproportionate impact on specific populations or marginalized groups as a result of the curfew.

We call for the classification of human rights organizations and other actors like the Law Society of Kenya (LSK), Kenya National Commission on Human Rights (KNCHR) and the Independent Police Oversight Commission (IPOA) as critical actors in the monitoring the implementation of government directives being implemented by state actors.

“By classifying these actors as essential service providers in the monitoring the implementation of government directives being implemented by state actors, that if not closely monitored may result to abuse of other fundamental human rights and freedoms.  From today’s and previous experiences, this has proven the case,” says Kamau Ngugi, Executive Director, Defenders Coalition.

In addition to our call for their classification as essential service providers, we ask that they should be facilitated to respond to human rights violations unhindered.

Defenders Coalition