TERMS OF REFERENCE

 CONSULTANCY TO DEVELOP CAMPAIGN GRAPHICS AND ILLUSTRATIONS

1. WHO WE ARE:

The National Coalition of Human Rights Defenders– Kenya (Defenders Coalition) 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, Defenders Coalition is the only national organization that works primarily for the protection of HRDs.

2. BACKGROUND

As a national institution concerned with the safety, security and wellbeing of HRDs, there has to be interventions to reverse the losses as well as ringfence gains in the shaping of narratives around HRDs and their work. This, by establishing strong and empowering narratives by HRDs, CSOs, the state, members of the public, media and other relevant stakeholders to drive social change in ending violence/negative rhetoric against HRDs and CSOs. Defenders Coalition realizes that it is also necessary to inform and educate the general public and the state about the vital work, particular vulnerabilities of HRDs, and the need to support, if not join,  human rights work.  of HRDs . Moreover, it is important to inform, educate and strengthen the capacities of key stakeholders, government officials, national and regional media, law enforcement agents and National Human Rights Institutions (NHRIs), to support HRDs, including by addressing violence, discrimination, criminalisation, and debunking misconceptions about HRDs.

Defenders Coalition has also noted a rise in coordinated campaigns to attack individuals and groups as well as the rise of anti-rights movements which have resulted in shrinking space for civil society, a backlash against human rights organizations and a rise in attacks against human rights defenders and activists.

With the above in mind, the Defenders Coalition is looking for a consultant to support in documenting the stories, design and lay them out. The outputs, as described below, will enable Defenders Coalition to run its digital campaign. The campaign will highlight the circumstances around which the individuals felt their rights were violated and chose not to stay silent. This, to inspire ordinary Kenyans on how the courage and bravery of ordinary Kenyans can impact other people’s lives and the existence of unwavering support for HRDs from the Defenders Coalition on the occasion of the 25^th anniversary of the Declaration on human rights defenders.

3. OBJECTIVES

The overall objective of this campaign is to document stories of triumph against persecution of 15 HRDs to raise the visibility of human rights defenders on the occasion of the 25th anniversary of the Declaration on human rights defenders.

The specific objectives of this intervention are:

• To raise the profile of human rights defenders in Kenya.
• To convey messages that all actors could be using during the celebration of the 25^th anniversary of the Declaration and
• To publicize the work of Defenders Coalition in supporting the safety, security and wellbeing of HRDs.
• To document stories of triumph among HRDs and with the support of Defenders Coalition so that others can be inspired, to be courageous and commit to protecting and promoting human rights.

4. SPECIFIC TASK

Applicants are expected to submit an elaborate inception report (proposal on their understanding of the assignment including a work plan and budget to guide the process of documentation, creation of the campaign identity using story boards and design, illustration, and layout of the comic book.

5. QUALITY STANDARDS

The consultant shall strive to ensure professionalism and creativity of the outputs. This includes flexibility in review and feedbacking of all outputs and final submission. The consultant shall apply ethical standards related to matters such as confidentiality of informants, sensitivity regarding the handling of information and respect towards staff and beneficiaries of Defenders Coalition’s program.

6. WORK PLAN

An indicative work plan will be put forward for review and approval. The indicative work plan will include the following information:

1. Main activities to be carried out,
2. Tentative dates (by week)
3. Expected outputs,
4. Relevant comments/remarks.

Defenders Coalition shall link up the Consultant with local partners for interviews and on-site field visits where applicable.

7. DELIVERABLES

The main deliverables to be provided by the consultant are:

• Inception Report including a work plan and budget.
• Documentation of 15 stories of HRDs.
• 15 storyboards with 15 comic illustrations. The consultant will be expected to use one comic character.
• Final report in the form of a comic book with all stories in it.
• Campaign/banner artwork for Website, Email marketing, Facebook, twitter, and Instagram

All Outputs will be submitted in English and in digital form, preferably in MS Word, pdf, png and jpeg for images and PowerPoint formats.

8. PROFILE OF THE CONSULTANT

• Proven experience in illustration, design and comic book development.
• Experience in developing reliable data-gathering tools.
• Excellent writing, editing, organizational skills and attention to detail.
• Experience producing comic for geographically wide and/or varied audiences.
• Written and oral proficiency in English is required; working knowledge of Kiswahili and sheng language will be an advantage.
• Knowledge and experience in creating artwork about human rights and social justice issues a plus.

9. REMUNERATION

The consultant shall present to the Defenders Coalition a technical and financial proposal indicating costs of carrying out the documentation, creation and illustration of the 15 stories. Defenders Coalition consideration shall be guided by the experience and track record of the consultant and the accompanying qualifications.

10. HOW TO APPLY

All interested consultants/firms are requested to write an expression of interest by describing their competence/experience and a proposal to show how they will deliver on the identified tasks:

1. Interpreting the terms of reference
2. Providing a detailed professional budget in US dollars.
3. Explaining their competences to meet the requirements of the assignment
4. Attaching brief technical biographical data of the core team-members where applicable
5. Providing evidence of similar work undertaken in the recent past (not more than 3 years).

All applications should be submitted to the Defenders Coalition via email to procurement@defenderscoalition.org

Deadline for submission of Expression of Interest for the campaign is 7 July 2023 at 5:00 PM

Dear friends and supporter of Human Rights Defenders in Kenya,

Defenders Coalition invites you to interact with our work in the second quarter of 2023. We are proud that the Ni Mama Network is taking shape. The vision to strengthen the recognition of the contribution of Women Human Rights Defenders (WHRDs) in the promotion and protection of human rights in Kenya as well in various communities across the globe is growing.

Various actors are subscribing to the idea that women have played and continue to play a critical role in our development, democracy and rule of law.

Download newsletter here 

 NAIROBI, 20 JUNE 2023 – The civic society members under the umbrella of the Civic Freedoms Forum, note with concern the reckless and irresponsible statement made by Cabinet Secretary for Trade, Moses Kuria regarding media reporting on governance and accountability. 

The Cabinet Secretary is reported to have made remarks that targeted the Nation Media Group, stating that the said media house needs to decide whether they are the opposition or the press. This statement was made during the Akorino Annual Convention held in Embu County. The CS is further reported to have threated to sack government officers who would be found to have placed advertisements with the Nation Medeia Group. 

It is disappointing to note that 12 years after the promulgation of a very progressive Bill of Rights within the Kenyan Constitution, rights are still treated as privileges. The freedom of the media is guaranteed under Article 34 of the Kenyan Constitution. The right is also guaranteed under regional and international human rights instruments ratified by Kenya, including, Article 9 of the African Charter on Human and Peoples Rights (Banjul Charter) and Article 19 of the International Covenant on Civil and Political Rights. We, therefore, condemn, in the strongest terms possible, the actions and statement made by Moses Kuria and reiterate that it was in total disregard of his constitutional rights. 

For the avoidance of doubt, the press is under no obligation to side with the government in reporting and dissemination of information. In fact, the Constitution, under Article 34(2) provides that the State shall not interfere with the press or penalize any person for an opinion, view or content of any broadcast, publication or dissemination. 

We, therefore, call upon all government officials, and particularly the Cabinet Secretary for Trade, Moses Kuria: 

• • Desist from continued intimidation and harassment of the press and in this case Nation Media Group. 
• • Withdraw his statement and or threat of firing government employees who work with the Nation Media Group in advertising. 
• • Acknowledge and respect the Constitutional rights particularly the freedom of the media, freedom of expression and access to information. 

We also call upon the Communication, Information and Innovation and Justice and Legal Affairs Committees of National Assembly to investigate the numerous, deliberate and calculated attacks on the media since last year’s general elections, with a view to protecting of media freedoms in Kenya. 

Signed by the following 

1. Kenya Human Rights Commission – KHRC 

2. Independent Medico Legal Unit – IMLU 

3. Article 19 East Africa 

4. Muslims for Human Rights – MUHURI 

5. Defenders Coalition 

6. Constitution and Reform Education Consortium – CRECO 

7. Poverty Eradication Network – PEN 

8. Initiative for Inclusive Empowerment – IIE 

9. InformAction 

10. Inuka Kenya Ni Sisi! 

20TH JUNE 2023, 09.00 (EAT)

The Police Reforms Working Group (PRWG) has supported and advocated for police reforms since the promulgation of the 2010 Constitution. We are cognizant of the police reform journey especially concerning where we came from and where we want to go as a country.

Our attention has been drawn to the supremacy battle between the National Police Service Commission (NPSC) and the Inspector General of Police (IG) regarding the promotion of over 500 police officers.

How policing is carried out is at the centre of the freedom, democracy, and human rights struggle in Kenya since Kenya gained independence. Policing before 2010 was a cesspool of tribalism, nepotism, corruption, state capture and human rights violations against the people of Kenya. The police were an extension of and beholden to the regime and were used to harass and neutralise any persons who would challenge the government of the day. For acting at the behest of the political elite, they were allowed to abuse and extort Kenyans without consequence.

After the atrocities of the Post-Election Violence (PEV), where police were responsible for 400 out of 1133 deaths, police reforms were meant to realign policing to transform it into a service dedicated to protecting the life, rights, and property of all Kenyans in a professional, accountable and human rights compliant manner.

In line with the recommendations of the Philip Waki Report on Post Elections Violence, the Phillip Alston Report on Extra-Judicial Killings and the Philip Ransley Report on Police Reforms, the 2010 Constitution was explicit that a separate, independent civilian body should carry out human resource functions, i.e. the employer of all police officers in Kenya.

However, we are increasingly witnessing a clawback of these reforms. Firstly, Parliament removed National Police Service Commission’s role in the recruitment and appointment of the IG; second, Cabinet Secretaries often give operational instructions to the IG contrary to the law. The latest development, the tussle between the NPSC and the IG regarding the promotions of officers illustrates either a misinterpretation or contempt of the sovereign will of the people of Kenya.

We would like to point out clearly that the Commission is the police employer, in charge of the human resources function. We reiterate that the Commission draws its powers and functions from Article 246 of the Constitution, which gives it powers to recruit and appoint persons to hold or act in offices in the Service, confirm appointments, determine promotions and transfers, and exercise disciplinary control over and remove persons holding or acting in offices within the Service.

On the other hand, we affirm that the Inspector General is the overall commander of the NPS, and not the employer. The IG is mandated under the NPS Act to implement policy decisions, audit police operations and functioning, co-ordinate all police operations, prepare budgetary estimates and develop a policing plan. He is to determine the establishment and maintenance of police stations, posts, outposts, units or unit bases in the county and determine the boundaries of the police stations, outposts or unit bases. He is to determine the distribution and deployment of officers in the Service and recommend to the Commission.

We know that The NPSC have a working arrangement that officially delegated promotions of officers below the Assistant Superintendent of Police or Deputy OCS rank. It does not include transfers and dismissals.

The PRWG-Kenya reiterates that all human resources functions of the National Police Service belong to the NPSC. The IG (the Commander of the NPS) and 2 Deputy IGs, sit in the NPSC to ensure their concerns and input regarding operations and officers are tabled, discussed, and considered by the NPSC.

The PRWG-Kenya, therefore, demands the following: –

1. The NPSC stamp its authority regarding its mandate and jealously protects it. The sovereign people of Kenya gave them that mandate, and they are the only ones who can remove or reallocate such powers.

2. The IG forthwith ceases to disregard the law and the Constitution regarding promotions, transfers and other human resource functions. The IG’s opinion, wishes and reservations should be canvassed at the Commission level, where he sits as a member alongside his deputies.

3. The NPSC and the IG must work together to ensure Kenyans have an accountable and professional police service. The Constitution does not envisage a situation where the two offices work independently of each other.

We reiterate that the current situation is injurious to the morale of police officers, and by extension to the security and safety of all Kenyans, and should therefore be resolved without further delay.

This statement is signed by members of the Police Reforms Working Group-Kenya, an alliance of national and grassroots organisations committed to professional, accountable and human rights compliant policing. They include:

1. Amnesty International Kenya,

_____________________________________

2. Defenders Coalition,

_____________________________________

3. Katiba Institute,

_____________________________________

4. Kenya Human Rights Commission (KHRC),

_____________________________________

5. The Kenyan Section of the International Commission of Jurists (ICJ Kenya),

______________________________________

6. International Justice Mission (IJM-K),

_________________________________________

7. HAKI Africa

_______________________________________

8. Kariobangi Paralegal Network,

Click here for             Online nomination

Click here for          nomination in Swahili

Click here for offline Offline nomination

ABOUT THE AWARD 

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) 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 protection 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 Eight edition of the HRD Awards on the 1^st December 2023. The ceremony aims to honor and publicly recognize the important work of HRDs in Kenya, by giving out awards to individuals who have demonstrated courage, innovation, and impact in the promotion and protection of human rights and fundamental freedoms.

2. WHO QUALIFIES?

The Working group will recognize the contribution of HRDs who promote and protect human  rights in accordance with the Universal Declaration of Human Rights and the Declaration on Human Rights Defenders.

Nominations are open to human rights defenders with demonstrable courage, innovation, and impact of their human rights work on the community. You can self-nominate or nominate an individual that you believe are deserving.

3. THE AWARD CATEGORIES

• Upcoming Human Rights Defenders; Individuals or movements that have been active in the human rights movement ranging between 0-5 years and have shown exemplary courage, overcoming great difficulty and demonstrated courage in championing for the protection and promotion of human rights.
• Human Rights Defender of the year; Individuals or movement who have illustrated exemplary courage, overcoming great difficulty and demonstrated courage in taking up and challenging current human rights concerns within the past year.
• Munir Mazrui Lifetime Achievement Award; Seasoned Individuals or movements whose work illustrates great commitment over an extensive period of time in the protection and promotion of human rights  with great courage having overcome great difficulty and has demonstrated achievement throughout their work and life.
• Global Solidarity;  Individuals or movements whose actions have stood in solidarity and made tremendous contribution to the advancement of the human rights movement in Kenya. These could be Kenyans or foreigners who in the past have contributed to human rights advancement in Kenya from a regional of global level.

4. THE OBJECTIVES

The objectives of these awards are to:

• Honor the extraordinary work 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 in Kenya and support talent.
• Enhance the safety and protection of all HRDs in Kenya.
• Recognize innovation in engaging with human rights work

5. 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, 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.

Nominations can be done in three ways;

1. Filling the nomination form in the online portal,
2. Submitting a video/audio recording with the guidelines stated below,

• By making a call to make your nomination recorded.

Please note that the shortlisting committee does not put into consideration the number of nominations received for an individual as a merit for the award. Shortlisting and selection is based on achievement,

• Shortlisting:

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

• Verification:

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

• Selection:

The Independent Jury Panel, which comprises 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 1^st December 2023 in the presence of CSOs, the UN, the government, selected HRDs, representatives from the International Missions, and the media who will cover the event.

6. SELECTION CRITERIA

The following will be taken into consideration:

• Is the HRD grassroots-based?
• The demonstrable impact of the HRD’s human rights work on the community
• The role of the HRD in promoting human rights, especially the rights of marginalized and vulnerable groups
• ‘Civil courage’ of the HRD in his/her human rights work
• Demonstrated leadership, innovation, and creativity in his/her human rights work
• Contribution to the development of a human rights-based approach within his/her 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 to promote human rights and active citizenship.
• The HRD should have a link to the community and his/her work should have built or is working towards building a movement.

7. THE AWARD

Four awards will be presented to the overall winners: the Munir Mazrui lifetime achievement award, the HRD of the year award, and the Upcoming HRD award and the Global Solidarity Award.

The winners will receive:

• A cash award of $ 1,000
• A plaque with the HRD’s or the group/organization’s name on it
• Will be a guest at the HRD award ceremony in 2023

All nomination forms should be sent back to the Defenders Coalition by filling this online nomination form or this offline nomination form that will be sent to hrdawards@defenderscoalition.org with a clear subject line “HRD AWARD NOMINATION” not later than 31^st August 2023, 11:59 P.M.

Click here for             Online nomination

Click here for          nomination in Swahili

Click here for offline Offline nomination

Statement of Solidarity to sexual minorities and advocates of the rights of sexual minorities in Uganda

30 May 2023, Nairobi, Kenya

The Defenders Coalition joins the SOGIE community in Uganda and the global community of human rights defenders in condemning the enactment of anti-homosexuality law in Uganda that seeks to advance punitive and discriminative criminal penalties against sexual minorities in Uganda.

We believe in respect for human rights for all persons. Any discrimination laws and practices on account of any grounds such as sex, race, colour, ethnic or social origin, language, religion or belief, political opinion, membership of a national minority organization, age or sexual orientation among others is unacceptable anywhere in the world. We are deeply concerned that by assenting the Anti Homosexuality Bill, the president of Uganda, Yoweri Museveni has provided the legal and political endorsement for discrimination and violence against some citizens of Uganda on the basis of sexual orientation and gender identity.

As an organization whose purpose is to advance the rights of those at the frontline defending other people’s rights we demand the assurance of safety, security and wellbeing for all HRDs

promoting and protecting human rights for all. We call for reversal of this move of using national legislations to criminalize minority groups within our society.

We also call on the international community to be relentless in advancing universal rights codified in the Universal Declaration of Human Rights and other regional and international law. We call upon all global citizens to join hands in solidarity with the sexual minorities in Uganda and to demand for a world free of discrimination and violence.

Download the report here

Every year, Defenders Coalition produces and dispatches its annual report detailing the work of the organisation to support the safety, security and wellbeing of human rights defenders in Kenya.

In 2022, Defenders Coalition continued to expand and strengthen its rapid and practical support to Human Rights Defenders (HRDs) at risk across Kenya’s 47 counties that were effective and impactful towards supporting HRDs considering the prevailing operating environment – the 2022 general elections season.

We are excited to share with you our 2022 annual report that highlights the 100% success in offering much needed rapid response services to HRDs at risk and with an upward of 90% of HRDs returning to their work after onboarding onto the protection programme among others.

Download the report here

SOLIDARITY STATEMENT ON THE SUDDEN DEMISE OF VETERAN HUMAN RIGHTS DEFENDER IBRAHIM OGETO

Defenders Coalition is shocked and deeply saddened to learn of the sudden demise of comrade and veteran human rights defender Ibrahim Ogeto after a short illness. We join the human rights defenders fraternity in Nakuru to mourn the loss of a selfless comrade who dedicated his life to serving his community and has been at the frontline in championing human rights in Nakuru County

Mr. Ogeto was the coordinator of the Nakuru Paralegal Network and a member of the Alternative Justice System working Group in Nakuru County at the time of his demise. He successfully championed for growth of alternative justice systems justice initiatives in Nakuru County. Mr.Ogeto was the chairman of the Bondeni Community Policing Committee where he worked closely with various actors to ensure the community has access to justice. Defenders Coalition conveys solidarity, thoughts, and prayers to the family, friends, and human rights defenders community in Kenya as we mourn our Brother. May Comrade Ibrahim Ogeto’s Soul Rest in eternal peace.

Defenders Coalition which is the National Coalition of Human Rights Defenders in Kenya is deeply concerned over the illegal arrest and detention of Amina Hussein Kullo, a Woman Human Rights Defenders who was arrested together with her 3 year old baby on the 10th of May 2023 and handed punitive bail terms of KES.1.5 Million or a bond of KES.2 Million.

Amina was assaulted, arrested and charged with 7 counts of trumped-up charges ranging from inciting violence, assaulting heavily armed male police officers and stealing 350 bags of cement from Northern Rangelands Trust (NRT) offices. This was after community members in Korbesa protested against the forceful acquisition of community land and construction of NRT offices on unregistered community land without community engagement despite there being a petition challenging the acquisition of the community property at the Environment and Lands Court.

Other paralegals are also facing imminent threats of arrest from security agents who are in partnership with NRT and have been issued with summons to appear before the county commissioner office. The Defender’s Coalition is concerned over this atrocious violation of human rights in Merti and the threats and intimidation of Human Rights Defenders within the region and therefore calls for the following:

1. We call upon all Human Rights Defenders and Civil Society Actors to raise awareness of the matter and demand for the immediate release of the WHRD Amina Hussein.
2. We call upon the Office of the Director of Public Prosecution to unconditionally drop the malicious and trumped-up charges against WHRD Amina Hussein.
3. We also call upon the security officials in Merti sub county, Isiolo, to follow the rule of law and protect the rights and freedoms of the citizens.
4. We call upon the Judiciary to dismiss the punitive bail terms of Kenya shillings 1.5 Million or bond of KES 2 Million and cease from being weaponized to intimidate the work of Human Rights Defenders.

Read more about the story here https://www.whispersnorth.com/defenders-coalition-calls-for-release-of-amina-hussein-following-clashes-with-nrt/

https://www.oaklandinstitute.org/latest-community-protest-nrt-violent-crackdown

27 March, Nairobi

The right to assemble, protest, picket and petition is enshrined under Article 37 of our Constitution. Other rights including the freedom of expression, media, public participation, and the right to security of the person underpin it. The right to protest played a powerful and transformative part in the democratisation and constitutionalism process that has enshrined equality, equity, non-discrimination, constitutionalism, and human dignity.

Very regrettably, the failure to create a conducive environment for the March 20 Azimio la Umoja rally created the conditions for the violence, death and destruction of property. This and the several acts of misinformation and disinformation by several actors, including the Directorate of Criminal Investigations (DCI) have added to the confusion.

We are very concerned by yesterday’s statement by Police Inspector General Japhet Koome that seeks to threaten protesters, criminalise and illegally ban all protests. We remind the IG he publicly swore an oath to uphold the Constitution and is obligated to respect, protect and fulfil all human rights, including the right to protest.

The IG must ensure that all police officers deployed in tomorrow’s operation publicly display their badges and be in uniform. All Police Officers are individually and collectively guided by the recent High Court judgement outlawing the use of lethal force unless when acting in self defence, preventing an imminent threat to life or serious injury to others, not merely in the protection of property. Under our law, both civilians and police officers breaking the law will be held individually responsible.

The police should liaise with assembly organisers to maintain law and order as well as independent agencies like IPOA, KNCHR and human rights organisations, to independently monitor the protests. Azimio la Umoja should also use protest marshals to ensure that all protests and processions follow laid-out plans. We remind the Police Service and IPOA that they, not assembly organisers, bear the primary responsibility for identifying violent protesters and violent police officers respectively.

We reiterate, only those who destroy, loot or steal property and assault others should fear arrests and prosecution. The right to public protest, demonstration, picketing and assembly is permissible under our law. We end by urging restraint on the part of the police, protesters and the public.

This statement is signed by members of the Police Reforms Working Group, an alliance of several organisations committed to professional and rule of law policing. They include the Social Justice Centres Working Group, International Justice Mission, Independent Medical Legal Unit, Katiba Institute, Kenya Human Rights Commission, Defenders Coalition, Haki Africa, Amnesty International Kenya, International Centre for Transitional Justice, The Kenyan Section of International Commission of Jurists (ICJ Kenya), Usalama Reforms Forum, Federation of International Women Lawyers (FIDA-K) Legal Resources Foundation, Transparency International Kenya, Shield For Justice, Wangu Kanja Foundation, Peace Brigades International and Katiba Institute.