Helpline: 0716 200 100
To champion the safety, security and wellbeing of Human Rights Defenders.
Statement by Defenders Coalition at the 65th Ordinary Session of ACHPR
65th Ordinary Session of the Africa Commission on Human and Peoples’ Rights
Human Rights Defenders Situation in Kenya
23rd October 2019
Statement by NATIONAL COALITION OF HUMAN RIGHTS DEFENDERS-KENYA (Defenders Coalition)
Madam Chairperson, distinguished Commissioners, State Delegates, representatives of NHRIs and NGOs.
On behalf of the National Coalition of Human Rights Defenders -Kenya (Defenders Coalition), I thank the Commission for this opportunity to raise some of the key human rights concerns from Kenya.
We are particularly concerned that the legitimate role of protection and promotion of human rights carried on by human rights defenders and Civil Society Organizations is criminalized and target for reprisal by both state and non-state actors. Below are a few incidences of violation of human rights fundamental freedoms of human rights defenders in Kenya:
Freedom of Expression:
On 3 May, World Press Freedom Day, Kenya news consumers, rights activists, media trainers, and practitioners highlighted soft censorship as the latest means used by entities to whip the media into compliance. Kenyans noted how commercial interests, partisanship, social media and political ownership of news outlets are the greatest threat to media freedom in Kenya.
For the first time, Kenya’s national census included a third gender – intersex – to the list of responses, in a move applauded by advocates. In an attempt to be more inclusive, the census also included new tribal categories for indigenous peoples who in previous decades were either not counted at all or lumped together with larger tribes that they have long accused of stealing their land and threatening their ways of life.
Freedom of Association:
On May 24, Kenya’s High Court upheld criminal sanctions on same sex relations. This decision was made despite testimonies from LGBT+ Kenyans describing the ways in which the criminalization dismisses them as equally deserving of human rights. This was aimed at repealing colonial-era sections of the criminal code, spearheaded by Kenyan LGBT+ human rights defenders and lawyers.
In August 2019, evictions of almost 60,000 people from the Mau Forest was conducted and is still ongoing even though adequate investigations into similar human rights abuses by security officials during in July 2018. At least nine people died, including two children, in the eviction process since 2018.
Freedom of Peaceful Assembly:
Harassment, intimidation and detention of Human rights activists has also continued. On 30th April 2019, a Woman Human Rights Defender was arrested for participating in a peaceful protest dubbed #BeyondZeroCorruption.The HRD was in the cells for close to 10hours and was later released without any charges being preferred against her.
On 6 May 2019 a Human rights activist was also arrested for allegedly plotting a revolution. The police indicated that they had reason to believe that the Human Rights Defender had information that alleged organisation of a revolution that is likely to cause civil unrest and breach of peace. This arrest came just five days after he led peaceful demonstrators “Beyond Zero Corruption” campaign where they clashed with police.
On 16 May 2019, the United Nations urged LGBT+ refugees in Kenya to show “calm and restraint” after protests demanding better treatment turned violent, with police firing tear gas and arresting more than 20 demonstrators. More than 23 LGBT+ refugees have been arrested and are facing charges such as illegal assembly, creating a disturbance and assaulting police officers.
In March 2019, Public Order Act Amendment Bill 2019 was presented to the National assembly which includes intended provisions for organisers of public meetings or public processions leading to loss of property, life or earnings to take responsibility for the loss and compensate the affected persons. While there is general consensus by CSOs that the Public Order Act needs to be amended substantially or replaced by a new law, we note that this Bill seeks to further restricts the right to freedom of assembly and unduly punishes conveners of protests instead of calling on police to carry out their role to facilitate peaceful protests.
Most of the incidents reported by HRDs include threats of arrest, warnings against posting information about police brutality, home and office raids, and confiscation of laptops and other items. The National Coalition of Human Rights Defenders documented up to 20 cases where activists suffered these intimidation tactics. Article 11 of the African Charter of Human and Peoples Rights and international law standards that safeguards the right to peacefully assemble.
In light of these updates and observations, we urge the African Commission on Human and Peoples’ Rights to:
I thank You
Delivered By Kamau Ngugi, Executive Director, Defenders Coalition