PRESS STATEMENT BY THE NATIONAL VICTIMS AND SURVIVORS NETWORK, MISSING VOICES COALITION, MOTHERS OF VICTIMS AND SURVIVORS NETWORK AND THE KENYA TRANSITIONAL JUSTICE NETWORK ON THE COMMEMORATION OF THE INTERNATIONAL DAY FOR THE RIGHT TO THE TRUTH CONCERNING GROSS HUMAN RIGHTS VIOLATIONS AND FOR THE DIGNITY FOR VICTIMS

24 MARCH 2020

Kenya, like the rest of the world is navigating through an uncharted territory as we grapple with and impede the spread of the coronavirus, COVID-19. While we welcome the measures and mechanisms put in place by the government of Kenya, we note the following human rights concerns:

▪ The vulnerable and marginalized populations, in particular women and girls within informal settlements, and housing with population density are experiencing immense challenges in accessing adequate and quality water, sanitation, and adequate food;

▪ Security and safety for women and girls is threatened and not guaranteed as they seek scarce water for their households in a bid to comply with public health instructions of mitigating COVID-19;

▪ Continued challenges and barriers in accessing affordable, adequate and quality health care services in the already constrained health care system;

▪ Arrests and extortion of members of public by police officers who are taking advantage of lack of awareness of what is expected of them in respect of COVID-19; and

▪ Threat to, and occurrences of sexual and gender-based violence, in part driven by loss of livelihood, hence contributing to already worrying incidents of this violence, especially directed at women and girls.

As we point out these human rights concerns, we highlight that today marks an important international Human Rights Day that commemorates The Right To The Truth Concerning Gross Human Rights Violations And For The Dignity For Victims. We, the victims and survivors of the following gross human rights violations namely: summary executions, sexual violence during electoral periods in Kenya, enforced disappearances, and torture, together with our families, supporters, advocates and friends are commemorating this day to: –

 Honour the memory of victims of gross and systematic human rights violations and promote the importance of the right to truth and justice; and
 Pay tribute to Kenyans who have devoted their lives to, and lost their lives in the struggle to promote and protect human rights for all.

Collectively, we are concerned by the lack of political and good will to address gross human rights violations a practice that only perpetuates a culture of impunity, systematic exclusion and socio-economic inequalities that continue to spread to other aspects of our lives as Kenyans.

We, the victims and survivors of gross human rights violations in pursuit of truth and justice took part in the Truth, Justice and Reconciliation Commission (TJRC) process by submitting our statements, memoranda and by taking part in the hearings. We have subsequently and consistently petitioned various government agencies including the Office of the Attorney General and Senate’s Justice and Legal Affairs Committee calling for the urgent adoption and full implementation of the TJRC report. We are concerned by the protracted delay and failure by the Government to fully adopt and implement recommendations of the TJRC Report especially as regards reparations of victims. To-date majority of survivors and victims of these gross human rights violations contend with medical and psychological harm, loss of loved ones, loss of livelihood, stigma and fear.

In 2007/08 post-election period approximately 900 sexual violence were documented by the Commission of Inquiry into the Post-Election Violence (CIPEV) and in a sad turn of events during 2017 electoral period approximately 201 sexual violence were documented in 11 counties by the Kenya National Commission on Human Rights. The survivors of electoral related sexual violence of which the majority are women including those who bore children out of their rape ordeal are particularly perplexed that the government gazetted the TJRC report excluding its volumes IIA and IIC on sexual violence and other gross human NVSN

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rights violations. The vagaries, impact and consequences of this particular violation remain unrecognized and unresolved physically, socially, emotionally and are still felt to date,. Particularly when it is noted that these perpetrators that include police officers have not been held accountable.

Survivors of electoral related sexual violence victims filed constitutional cases numbers Constitutional Petition No. 273 of 2011 (CP 273/2011); Constitutional Petition No. 122 of 2013 (CP 122/2013); and, Constitutional Petition No. 15 of 2014 seeking redress that occurred during electoral periods. Unfortunately, these cases remain inordinately delayed more than 8 years.

We sadly continue to note occurrence of enforced disappearance and summary execution. In 2019, a report released by the Missing Voices Coalition disclosed that Kenyans witnessed 107 summary execution of fellow Kenyans by police officers. Most of these victims of summary execution are young Kenyan men from informal settlements.

In commemoration of this International Day For The Right To The Truth Concerning Gross Human Rights Violations And For The Dignity, we demand the following:-

1. The truth concerning H.E President Uhuru Kenyatta’s directive of March 2015 to the National Treasury for the establishment of the Kshs. 10 billion Restorative Justice Fund for purposes of healing and reconciliation to the victims of historical injustices. Further, the truth about what became of the Draft Policy and Regulations that were developed in partnership with the office of the Attorney in 2018 for purposes of anchoring the Restorative Justice Fund under the Public Finance Management Act No. 18 of 2012. We demand for the immediate and comprehensive reparations for all victims and survivors of gross human rights violations including their families from the Restorative Justice Fund (that should be increased according to the needs and numbers of the victims and survivors).

2. The truth behind the delay in full operationalization of the Victim Protection Act No. 17 of 2017 that provides for assistance and protective measures to victims of crime. We demand the urgent full operationalisation of this Act.

3. Truth as to why it has taken 2 years to fully operationalise the Prevention of Torture Act No. 12 of 2017 and the National Coroners Service Act No. 18 of 2017, which are useful human rights tool to curb extra judicial executions and torture by rogue police officers. We demand for immediate full operationalization and implementation of these laws.

4. Immediate adoption and full implementation of the TJRC report and its recommendations.

5. Prioritisation and the finalisation of court cases No. 273 of 2011 (CP 273/2011); No. 122 of 2013 (CP 122/2013); and, No. 15 of 2014.

6. Honouring of court awards and full compensation to the victims of Nyayo House Torture Chambers who have successfully sued the state and are yet to be paid.

Finally, during this perilous times of the Corona Virus (COVID-19), we urge the Government of Kenya to institute enough measures to contain and prevent the further spread of the killer virus and in so doing to observe, protect and promote human rights for all Kenyans regardless of their socio-economic status.

Thank you,

NATIONAL VICTIMS AND SURVIVORS NETWORK,

MOTHERS OF VICTIMS AND SURVIVORS NETWORK

MISSING VOICES COALITION

THE KENYA TRANSITIONAL JUSTICE NETWORK