NCHRD News « Defenders Coalition

THEME: Enhancing The Role Of HRDs in Governance and Encouraging Constant Dialogue for Complementary and Effective Relationships

CONCEPT NOTE

Background:

In Kenya, activism increasingly combines informal networks and formal organizations to some effect, and these activists have in general distanced themselves from the political opposition and views creating a non- cordial working relationship between HRDs and duty bearers.

The work of HRDs is well anchored in international law through the UN Declaration on Human Rights Defenders. The African Commission on Human and People’s Rights further recognizes the critical role of HRDs and calls for their protection by respective states. Chapter 4 of the Kenyan Constitution 2010 has the Bill of Rights which calls for protection of human rights and fundamental freedoms. However, the same is not anchored in national legislation. There are however existence of provisions in substantive legislation that threaten the exercise of constitutionally guaranteed rights which HRDs fall victim to.

NCHRD-K has observed increased intolerance of human rights defenders’’ work. HRDs are faced with personal threats, physical attacks and killings because of highlighting issues of public concern and violations. They are further faced with legal challenges as their work is criminalized. In the past years, several HRDs have been charged under laws that criminalize the right to peaceful assembly like rioting after proclamation, incitement to cause violence, resisting arrest and unlawful assembly.

HRDs working on critical but sensitive issues like countering violence extreme have been physically targeted and faced with arbitrary arrest, detention and even torture. This cuts across the country where HRDs are arrested and charged for unlawful assembly, slapped with punitive bail and bond terms. Other HRDs like journalists and bloggers have faced libel suits and criminal charges that include undermining the authority of a public officer among others.

NCHRD-K has further documented legislative and administrative challenges that limit the civic space within which HRDs and CSOs are able to carry out their human rights work.

It is on this basis that NCHRD-K will facilitate dialogue between the HRDs, service providers, media and the duty bearers in various counties. This will include members of judiciary, county government officials and national police service to create awareness of the existence of HRDs in the county and their critical role in the promotion and protection of human rights and good governance, foster political will for HRDs in governance, and encourage constant dialogue for a complementary and effective relationship.

OBJECTIVES

To create awareness of the existence of HRDs in the county and the kind of work they do in protection and promotion of human rights in the county.
Linkages between HRDs’ Networks, SOGIE HRDs, service providers and Media. This will help to create an effective working relationship between the HRDs and Duty Bearers by establishing areas of collaboration and action plan.
Share findings of various researches undertaken by the organization in the last one year.

Who Is A Human Rights Defender:

According to the UN, “There is no strict definition of human rights defenders because they can be anyone who acts at any moment for any human rights. A human rights defender can be a man, a woman, a lawyer, a student, an NGO’s employee, a doctor or any person from any profession, of all ages, nationalities, religions, etc. A person can also be considered as a human rights defender whether she promotes and protects human rights her whole life, occasionally, or only once”

Defending human rights is a personal call that requires commitment and determination to achieve. Whereas resources are vital in facilitating human rights work, we do not need money to speak out against human rights violations taking place in our sight. Some of the actions are as simple as asking the violator to stop what they are doing and letting them know the repercussions of what they are doing.

Recently, a female student was thrown out from a moving bus while she demanded a balance from the bus conductor along Thika Road. Kenyans of goodwill took her to hospital where she passed on. Other than taking her to hospital, they recorded the registration number of the commuter bus and did a follow up to ensure that the crew are apprehended. This is guarding the right to life and those Kenyans qualify to be human rights defenders.

Legal Framework Guarding the work of Human Rights Defenders

There are a number of people who fear up-taking of human rights work fearing repercussions that come on the way like intimidation, threats, physical assaults, arbitrary arrests amongst others. A conducive legal environment is key in protecting the work of human rights defenders from such incidents. HRDs in Kenya should utilize the following national and international legal instruments in the course of their work.

The Constitution of Kenya 2010

The UN Declaration on Human Rights Defenders obliges states to adopt legislative, administrative and other steps necessary to ensure that HRDs are able to enjoy their rights and freedoms in the context of their work to promote human rights. Yet while the Kenyan government has not adopted a specific legal framework for HRDs, the Constitution strongly protects the rights of all Kenyans.According to the Constitution, “[e]very person shall enjoy the rights and fundamental freedoms in the Bill of Rights to the greatest extent consistent with the nature of the right or fundamental freedom.” Therefore, the Kenyan government is under a constitutional obligation to defend, protect and promote the rights of all its citizens, including HRDs.

Regional Human Rights Instruments

Regionally, Kenya is party to a number of human rights instruments produced by the African Union and because Kenya has ratified them, as per Article 2 of the Constitution, they form part of the Laws of Kenya. These human rights instruments include the African Charter of Human and People’s Rights (Banjul Charter), the Protocol to the African Charter on Rights of Women in Africa and the African Charter on the Rights and Welfare of the Child. Again, HRDs can use these instruments to advocate for the human rights of others and themselves.

Following the introduction of the UN Declaration on Human Rights Defenders, there was special recognition of the need to protect HRDs in Africa in 2003 when the Kigali Declaration noted: the important role of Civil Society Organisations (CSOs) in general and human rights defenders in particular, in the promotion and protection of human rights in Africa, [and] calls upon Member States and regional institutions to protect them and encourage the participation of CSOs in decision-making processes with the aim of consolidating participatory democracy and sustainable development.

Then in 2004, the African Commission on Human and Peoples’ Rights (ACHPR) adopted the Resolution on the Protection of Human Rights Defenders in Africa which highlights with grave concern:the growing risks faced by human rights defenders in Africa… [and the] impunity for threats, attacks and acts of intimidation against human rights defenders persists and that this impacts negatively on the work and safety of human rights defenders.

International Human Rights Instruments

Kenya is a state party to various international human rights instruments and under Article 2 (6) of the Constitution, any treaty or convention ratified by Kenya shall form part of the Laws of Kenya. A number of international human rights instruments have been ratified by Kenya and are relevant to the work of human rights defenders. Some of the relevant human rights instruments that are binding law in Kenya include the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights, Convention against Torture, Convention on Elimination of all forms of Discrimination against Women, Convention on the Rights of Persons with Disabilities and the Convention on the Rights of the Child. HRDs can use these instruments alongside national laws to advocate for human rights. These international laws are also useful in holding state and non-state actors to account for their actions taken against HRDs due to their work in promoting and protecting human rights.

There is also a UN Special Rapporteur on the Situation of Human Rights Defenders. This Special Rapporteur was established in 2000 soon after the passing of the UN Declaration on Human Rights Defenders126 in order to collect data concerning HRDs, engage governments in dialogue on improving the situation for HRDs and recommending effective strategies for protecting HRDs.127

For more information on the legal framework for HRDs, read NCHRD-K’s Case Digest via: http://nchrdk.org/double-edged-sworda-case-digest-for-hrds-in-kenya-2013-2015/

What are the benefits of defending human rights?

Defending human rights is a noble course in that it is hard to substantially state what benefits a human rights defender receives from the work. Defending human rights is above self benefits and thus the following cannot exhaust all it means to defend human rights:

It ensures human rights based approach planning by the relevant stakeholders. Governments and private entities should ensure basic rights like right to life, health, non-discrimination amongst others are adhered to before any programming is done.
A conducive living environment for all people. Social justice is key in development for any nation to ensure self-sustenance of the nation with support of its people. Any nation that wants to develop has to ensure that all people feel safe in their country.
Operalization of human rights instruments. A number of international human rights instruments have been drafted and adopted at the UN General Assembly. However, some member states have not ratified some of these laws which are critical in ensuring the states are human rights compliant. HRDs have been at the forefront in ensuring that states comply with the laws.
Opportunities of making the world a better place for everyone to live in. HRDs offer solutions to governments and international mechanisms on their planning for a better world. HRDs are able to travel locally and abroad to help in creating a conducive environment for all. Thus, anyone striving to make the world a better place, may it be for

INTRODUCTION

Civic space in Kenya continues to be under pressure as a range of actions are being directed against the work of Human Rights Defenders (HRD) and Civil Society organizations in Kenya. Physical attacks, criminal and administrative actions, legislative restrictions, negative rhetoric and limitation of human rights have undermined the Constitutional and international protections available to HRDs.

It is against this backdrop that the Working Group on Human Rights Defenders in Kenya, which brings together CSOs and development partners concerned with the protection of HRDs, is organizing the third edition of the HRD Awards on the 30^th of November 2018. The aim of the ceremony is to honour and publicly recognize the important work of HRDs in Kenya, by giving out awards to men and women who have demonstrated courage and impact in the promotion and protection of human rights and fundamental freedoms. The awards are presented in three categories: the Munir Mazrui Lifetime achievement award, the Human Rights Defender of the year award and the upcoming Human Rights Defender of the year award.

THE OBJECTIVES

The objectives of these awards are to:

Honour the extraordinary work of HRDs in the promotion and protection of human rights;
Profile the work of HRDs and challenges they face as agents of social change and transformation;
Recognise 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.

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 (NCHRD-K) and other partners. This call outlines the criteria for eligibility for nomination.

Shortlisting:

A panel then shortlists five individuals per category within the set out guidelines for shortlisting candidates.

Verification:

The panel verifies the HRDs human rights work through field visits, and interviews with the nominators, the nominees and their references.

Selection:

The Independent Selection Panel, which comprises of eminent individuals in the human rights sector, will decide who will receive the awards based on the profiles of the nominated HRDs.

Award ceremony:

Will be held on the 30^th November 2018 in the presence of CSOs, the government, selected HRDs, representatives from the international missions, and the media who will cover the event.

SELECTION CRITERIA

The following will be taken into consideration:

Grassroots based HRD
Demonstrable impact of the HRDs human rights work in the community
The role of the HRD in promoting human rights
‘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 in regards to the thematic area of focus
Future goals and likely impact
Degree of difficulty of the achievement and sacrifices made
Visibility derived from award to enhance the capacity 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 should be working towards building a movement.
The HRD should be a seasoned or upcoming HRD.

AWARD

Three 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.

The winners will receive:

A cash award of $ 1,000
A plaque with the HRDs name on it
And will be guests at the 2019 HRD award ceremony

All nomination forms should be sent back to the NCHRD-K via advocacy@hrdcoalition.org with a clear subject line “HRD AWARD NOMINATION” by 20^th July 2018, 12.00 pm.

Get the application form here:NOMINATION FORM FOR THE HRD AWARDS 2018

EXECUTIVE SUMMARY

This report covers an eventful period in the history of defending human rights defenders in Kenya. The country went through general elections in the year and characteristically, the divisive campaigns contaminated the operational environment of the country’s CSOs and HRDs. The work of the NCHRD K was therefore very much linked to the elections. Subsequently, the advocacy and protection programmes of the NCHRD K asserted the centrality of HRD actors as election monitors, repositioning the place of human rights defenders in the election process. Activities through the year emphasized the protection of conducive environment for the work of HRDs as well as the protection of individual HRDs most at risk.

During the year, NCHRD-K put in place a comprehensive programme to manage risks to human rights defenders in the country. Together with partners, the NCHRD-K built an early warning scenario building and strategy group that regularly assessed risks for human rights monitors. Response interventions were then designed within informed parameters. The NCHRD-K deployed about 102 monitors from all the 47 counties and HRD groups at risk such as sexual minority groups, journalists, bloggers and indigenous peoples to take part in monitoring the elections. Wherever risks to the monitors were reported, the NCHRD-K took rapid measures to manage them. The reports of the monitors were publicly shared with duty bearers who came under pressure to respond to things requiring their attention in line with commitments reached in the partnership built with the NCHRD K in the preparatory meetings leading to the process.

The NCHRD-K built a strong, secure and effective team of country wide monitors, equipped through a comprehensive training program to monitor, document and report on human rights violations during Elections 2017. As a result, there were robust human rights based monitors in the elections team in the particular process. In part, the high-quality information and reports of HRD monitors involved in the elections were critical in ensuing electoral petition following the announcement of the presidential election results. Aspects of the observation endorsed the Supreme Court decision to cancel the results for irregularities and illegalities noted in the process. Significantly, observation of human rights in the election process became part of the ventilations in the petitions in which HRDs directly took part. The success attained in monitoring the elections is discussed further in this report.

Going by the incidence reports to NCHRD K, risks faced by individual HRDs and organizations increased in the reporting year. The NCHRD-K working with its partners, particularly the Protection Working Group and the Human Rights Defenders Working Group managed to better clarify the priorities and build a coherent program to respond to the environment. As such, the mandate of the organization to carry out protection of HRDs at risk was conducted with remarkable success, even as human rights faced a tempestuous moment in the backdrop of the elections.

ACCESS THE FULL REPORT HERE

POSITION OF PROGRAMMES INTERNS (3)

The National Coalition of Human Rights Defenders–Kenya (NCHRD-K) 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 favourable legal and policy environment. Established in 2007, NCHRD-K is the only national organisation that works primarily for the protection of HRDs.

To compliment the work of the three programmes within the organisation, the NCHRD-K seeks to recruit suitable candidates for the position of Programmes Intern. Reporting to the Programmes Officer assigned, the Programmes Intern will be responsible for:

Actively participating in the implementation of the NCHRD-K activities under the direction and supervision of the Programme Officers.
Conducting research in the various NCHRD-K’s programme areas
Assisting in logistical planning for meetings and trainings
Assisting in communication of the NCHRD-K to partners via various platforms
Representing NCHRD-K in meetings and partner activities
Preparing timely reports as per stated guidelines
Monitoring and documenting cases or incidences of violations of human rights
defenders.
Undertake case assessments for clients under the Protection Programme
Assisting in administrative functions as will be assigned
Participating in fundraising efforts together with programme staff. 11.Any other relevant duty as may be assigned by the supervisor

Qualifications:

 Hold a Bachelor’s degree in relevant Social Sciences from a recognized University
 Demonstrate commitment to and interest in human rights and human rights defenders issues/work.
 High analytical skills and ability to conduct research
 Demonstrate understanding of national, regional and international framework
for the protection of HRDs

 Demonstrated knowledge and experience in designing and executing communication interventions on governance and human rights issues
 Hands on experience in IT skills including working with website updates and social media
 Ability to draft documents including reports, policy briefs, concept notes
 Excellent communication and organizational skills: verbal, writing and
presentation skills;

The Applicant should possess the following attributes:

 Strong attention to detail
 Proactive problem-solving skills
 Self-motivationand ability to work independently, in a team and under
pressure
 Commitment to diversity
 Ability to be a team player
Duration of internship:

The engagement shall be for a period of three (3) months with possibility of extension.

Remuneration:

NCHRD-K will provide a stipend for the duration of the internship.

Application deadline:

The application deadline is 30th April 2018

How to apply:

If you would like to be considered please email your CV including three (3) contacts of referees and a brief covering letter highlighting your key skills and your availability to info@hrdcoalition.org indicating on the subject line “APPLICATION FOR INTERNSHIP”

Cover letter should be addressed to:

The Secretariat
National Coalition of Human Rights Defenders of Kenya (NCHRD-K) P.O. Box 26309 – 00100 GPO, Nairobi

Only short listed candidates will be contacted.

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,17^th 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

Helpline: 0716 200 100

Helpline: 0716 200 100