I come from Kenya. The cases from my country are a large part of the reason why there is currently a discussion about the reform of the International Criminal Court. The challenging journey that those cases travelled before the court provides a microcosm of the issues the court faces and which now need to be addressed.

Problems started when Kenya’s political leadership embarked on a campaign of vilification against the court.  Initially domestic, that campaign would spread into the region in Africa before it went global. The campaign succeeded in questioning the legitimacy of the ICC, first in Kenya, and around Africa. With the legitimacy of the Court now in doubt, it became increasingly difficult for ordinary officials in the country to play their role in providing cooperation with the court. The vilification also turned public opinion against the court and had a chilling effect on communities, victims and other actors outside the state whose interaction with the court was now stigmatised.

With time, these attacks established a hostile national narrative against the court. The narrative explained and justified the tampering with, and attacks on witnesses. Since witnesses were now portrayed as traitors, what would be wrong if these were killed, as ended up happening?

While it was within the power of the States Parties to take a stand against the political backlash, they were mostly passive while actively participated in attacking the court.  Eventually, beginning with a session in this very hall, this Assembly was invited into long debates to change the text and practices under the Rome Statute as an act of appeasement. Those debates communicated weakness and sent a message that the States Parties were not in a position to provide the Court with the political protection needed for its work. If they encountered political difficulties in their work, judges were on their own.

In many domestic jurisdictions, actions that lower public confidence in the courts are regarded as contempt and are punished by the courts. While the Statute contains similar procedures, responses to the mobilisation of whole nations and regions against the court are surely outside the judicial function and lie in the political realms of the Rome Statute.

A lesson to be taken forward in any review of the court is the recognition that political attacks on the ICC are not without serious consequences for communities, victims, and witnesses. Going forward, it must be the business of this Assembly, as the political authority under the Rome Statute, to shield the court from political backlash. This is a role that the Assembly needs to undertake proactively.

In closing, the Kenyan cases embodied the contribution of civil society in the arena of international justice. With the ICC confronted with the challenge of physical and cultural distance with the situation on the ground, civil society played a major role in connecting the court with the communities it needed to serve. Civil society also led in countering the political vilification of the Court, in validating the decision of communities to cooperate with the court, and in mobilising interaction with the court/

The practices of the ICC have evolved into two tracks: the first track is one of reflection and planning which takes place here at The Hague and in New York. The second is the track of implementation, which takes place in the field, mostly in Africa, which forms majority of the situations before the court. There is often no deliberate effort to link the two tracks and that is one of the weaknesses of the ICC. The fear now is that even the proposed review will fall into and replicate the very weaknesses that necessitate the review in the first place.

As civil society actors in the field, we represent some of the lived realities of the ICC. However challenging it may be do so, voices from the field must be incorporated in the review.

George Kegoro

The Hague, 4^th December 2019

The Police Reforms Working Group Kenya (PRWG-K) brings together over 25 local, National and International Human Rights Organizations that seek to advocate for reforms within the National Police Service. The Police Reforms Working Group-Kenya is premised on four pillars namely; Quality Service; Accountability; Public Participation and Police Welfare.

The Police Reforms Working Group Kenya (PRWG-K) recognizes the role that the Judiciary plays in the criminal justice system in Kenya. The Judiciary, under the Constitution of Kenya 2010 is established as an independent organ of the State. Article 159 proclaims that Judicial Authority is derived from the people.

Particularly since the promulgation of the Constitution of Kenya 2010, the Judiciary has distinguished itself in taking up the challenge of enhancing access to justice, transparency and accountability in Kenya in line with Article 48 of the Constitution.

We wish to draw your attention to the National Treasury Circular No. 14A dated 24th September 2019 that was addressed to all cabinet secretaries and accounting officers to the effect that the budgets for government ministries, departments and agencies have received drastic cuts.

The circular, among other things purported to slash 50% of the Judiciary’s budget. Incidentally, the circular cited revenue shortfalls and the need to raise funds for the Big 4 Agenda as the justification for the budget cuts.

The PRWG believes that the Judiciary is an independent and co-equal arm of government, alongside the Parliament and the Executive. The Judiciary is neither a government ministry, department or agency and ought not to have been addressed, or even affected by the circular to ministries, departments or agencies.

Whether or not, and how the government funds its flagship Big Four Agenda, though important, is a matter of executive priority within its own departments and should not affect the budget of another organ/arm of government.

On the contrary, adequate housing, manufacturing, comprehensive healthcare and food security are dependent on low crime rates, human rights and a conducive business environment.  These require a functioning Judiciary for the arbitration and settlement of disputes and dispensation of criminal justice in a timely and consistent manner.

Indeed, Article 173 of the Constitution of Kenya has provided for the establishment of an independent Judiciary Fund meant to provide the Judiciary with financial security. This is yet to be realised.

As a result of the budget cuts, the Judiciary has since announced that dozens of courts around the country will be suspended, which will affect more than 15000 cases. We believe that this will greatly affect access to justice by the people of Kenya including the very marginalised in society contrary to Article 48 of the Constitution. It will also cripple the fight against corruption despite the investments in the Directorate of Criminal Investigations (DCI), the Office of the Director of Public Prosecutions (ODPP) and police reforms.

The PRWG also notes that the President has declined to gazette the names of 41 Judges forwarded to him by the Judicial Service Commission, citing concerns about their character. We would like to remind the Executive arm of the Government that the Constitution of Kenya transferred the powers to select and appoint away from the President in order to inculcate judicial independence. The role of the President in Judicial appointments is merely ceremonial. This position has been canvassed and confirmed by the Courts.

The PRWG believes that the budget cuts and the refusal to gazette Judges is a dangerous development that seeks to, in effect, subject the Judiciary to domination by the Executive.

We, therefore, recommend that: -

1. Treasury immediately recalls/withdraw the circular that purported to effect the budget cuts to the Judiciary.
2. Treasury immediately disburses all the monies to the Judiciary as per the Annual Estimates passed by the National Assembly.
3. Executive acknowledges that the Judiciary is an independent arm of government and ought not to have been addressed by a circular to government ministries, departments and agencies.
4. National Assembly and Executive operationalise the Judiciary Fund as required by the Constitution - to ensure financial and functional independence.
5. Names of the 41 Judges forwarded to the President be immediately gazetted.

We, the undersigned Police Reforms Working Group:

1. Kenya Human Rights Commission
2. Defenders Coalition
3. Independent Medical Legal Unit
4. Federation of Women Lawyers Kenya
5. Kenya National Commission on Human Rights
6. International Commission of Jurists –Kenyan Section
7. International Justice Mission
8. Amnesty International Kenya
9. Usalama Reforms Forum
10. International Centre for Transitional Justice
11. Legal Resources Foundation
12. Rights Promotion and Protection Centre.
13. Catholic Justice and Peace Commission
14. Coalition on Violence against Women.
15. Centre for Minority Rights.
16. Constitution and Reform Education Consortium
17. Kenyans for Peace, Truth and Justice.
18. Peace Brigade International
19. Chemi Chemi ya Ukweli
20. KATIBA Institute
21. Shield for Justice
22. Wangu Kanja Foundation
23. Women Empowerment Link
24. Transparency International - Kenya
25. Kariobangi Paralegal Network
26. HAKI Africa
27. Africa Centre for Open Governance (AfriCOG)

Chairperson, Honourable Commissioners, Distinguished Guests, Ladies and Gentlemen

Chairperson,

While the Constitution of Kenya provides for special protection and inclusion of the marginalized groups(therein defined and categorized as follows):

(a) a community that, because of its relatively small population or for any other reason, has been unable to fully participate in the integrated social and economic life of Kenya as a whole;

(b) a traditional community that, out of a need or desire to preserve its unique culture and identity from assimilation, has remained outside the integrated social and economic life of Kenya as a whole;

(c) an indigenous community that has retained and maintained a traditional lifestyle and livelihood based on a hunter or gatherer economy; or

(d) pastoral persons and communities, whether they are—

(i)  nomadic; or

(ii) a settled community that, because of its relative geographic isolation, has experienced only marginal participation in the integrated social and economic life of Kenya as a whole;

They remain undocumented and extremely excluded in the governance and development processes of society.

Pursuant to Article 56 of the Constitution, we call up the Commission to request the Government of Kenya to:

Put in place affirmative action programmes designed to ensure that minorities and marginalised groups—

1. participate and are represented in governance and other spheres of life;
2. are provided special opportunities in educational and economic fields;
3. are provided special opportunities for access to employment;
4. develop their cultural values, languages and practices; and
5.  have reasonable access to water, health services and infrastructure.

Also and following the August 2019 census, ensure the disaggregation and presentation of data in a way that enables the country to understand the number and status of these groups.

Finally, impress upon the Commission to:

In recognition of the unique space occupied by the indigenous communities in the society, consider a special slot where one of their representatives would be speaking during the official opening sessions of the Commission.

Chairperson, Distinguished Guests:

The indigenous and other ethnic minorities continue to face land and resource injustices. Their land and resource rights are not protected and are subject to bias and discrimination. They are forcefully evicted and arbitrarily displaced by the Government and corporations under the disguise of preserving the environment or as a result of mega projects and infrastructural development. They continue to be exposed in natural resource extraction activities that to do not provide equitable and participatory management, benefit-sharing and compensatory frameworks. There is also the failure to implement the recommendations of the African Commission, the TJRC in Kenya among others. Finally, stateless communities which experience the same levels of vulnerabilities around land and resource rights remain more exposed and unprotected.

We therefore call upon the Commission to impress upon the Government of Kenya to:

1. Adopt and implement the National Action Plan on Business and Human Rights which will go a long way in ensuring state protection and corporate accountability to all the local communities when it comes to investments, development and resource governance.
2. Undertake an inventory of the existing minority communities with a view to obtaining a clear assessment of their status and land rights
3. Protect them against arbitrary evictions, recognize them as independent ethnic communities with rights to live in and obligations to protect forests.
4. Develop a framework for implementing and reporting on the implementation of the AU decisions on the Ogiek and Endorois communities.
5. Provide citizenship and land access and ownership rights to the stateless and other undocumented populations in the society.
6. Put in place national mechanisms for sharing of benefits accruing from the extraction of national resources.
7.  Also, enable the National Land Commission to develop mechanisms for dealing with historical and emerging land injustices meted to the indigenous among other groups.

Finally, we impress upon the Commission to: 

• Just like  it has regionalized some of the UN  Mechanisms like on corruption, displacements among others,  provide guidance regarding  the implementation of the UN Guiding  Principles on  Business and Human Rights

Chairperson, Honourable Commissioners, Distinguished Guests, Ladies and Gentlemen

Chairperson

Indigenous communities and other marginalized groups continue to be excluded from the governance processes and denied fundamental rights and freedoms. They are forcefully evicted and arbitrarily displaced by the Government and corporations under the disguise of preserving the environment or as a result of mega projects and infrastructural development. Moreover, they are exposed to land and natural resource injustices owing to lack of accountable and participatory management, benefit-sharing and compensatory frameworks. There is also the failure to implement the recommendations of the key national and regional human rights organizations.

We call upon the Commission to;

•  Impress on the Government of Kenya to respect the rights(including their land and resource rights) of Indigenous and other marginalized communities
•  Request for their meaningful involvement in the governance and development processes, including the accrual of benefits thereof.
• Require a timely implementation and reporting on the recommendations of the ACHPR on the Ogiek and Endorois communities and the TJRC report on historical land injustices.

Chair,

The citizenship question is yet to be fully resolved. Kenya did recognise the Makonde and issued them with nationality but that process stalled. Statelessness is a key concern because affected persons continue facing discrimination, and lack of basic necessities and social integration.

We, therefore, urge the Commission to:

• Call upon the government to extend the registration period and further issue nationality to all stateless communities in Kenya.
• Amend the Immigration, Citizenship and Registration of Persons Acts to create the necessary legal flexibilities for according nationality to all the deserving persons.
• This will also ensure that all children born in Kenya will enjoy citizenship irrespective of the status of their parents.

Chairperson, over the past couple of months, there has been rampant plunder of state resources by public officials and senior government officials. Since January 2019, over 50 million US dollars have been lost through public officials and there has been little progress made by the Kenyan Government to hold them to account.  This has undermined both the governance and the development process in the country through systemic manipulation of policies, programs and institutional frameworks put in place to reduce poverty and to improve the livelihood of the people in Kenya.

We urge the Commission to;

• Call on the Government of Kenya to swiftly investigate and prosecute all officials implicated in graft and theft of public resources.

Chairperson, Distinguished Guests:

Kenyan Security Agencies have continued to commit numerous human rights violations while discharging their functions and duties. Human rights defenders have been subjected to acts of torture, cruel, inhuman and degrading treatment, and punishment, extrajudicial executions, enforced disappearances. Since January 2019, over 60 human rights defenders have been subjected to unlawful arrests and detention. Security Agencies have continued to infringe on privacy rights and freedom of expression through enhance surveillance.

We call on the Commission to;

• Recommend the Government of Kenya to institute a Judicial Commission of Inquiry into Police excesses.

Chairperson, Honorable Commissioners;

The independent civil and state organizations in Kenya continue to advocate for human rights, accountability and good governance under severe conditions. Persistent denial of requisite   resources to the key state institution and threats from state security agencies, repressive laws and the inability of human rights defenders to freely demonstrate, assemble and the willful refusal of the Kenyan Government to enact the Public Order Management is a clear demonstration of the Government’s determination to stifle voices of reason or dissent.

We call upon the Commission to;

• Impress upon the Government of Kenya to commence and implement without further delay the Public Benefit Organization’s Act;
• Require the government to immediately cease and desist from using arbitrary and unnecessary force and violence to disperse unarmed and peaceful protestors and to hold to account security agents who use arbitrary and unnecessary force on unarmed citizens exercising their right to assemble and picket.
• Request the Government to audit and review all the bad laws and practices that have a bearing on the operations and programmes of the affected civic and state organizations.

Chairperson, Distinguished Guests

The Judiciary has been subjected to numerous attacks by the Executive and specific State Agencies. The Director of Public Prosecutions, the Director of Criminal Investigations, the Inspector General of Police and the Cabinet Secretary for Interior and Coordination of National Government have persistently disobeyed court orders on numerous occasions. Judicial Officers have been subjected to unlawful arrests, detention, and prosecution. On or about the 7^th of September, Hon Edgar Kagoni Matsinguli, Principle Magistrate at Mombasa Law Courts was unlawfully arrested and formally charged in Court.

We call upon the Commission to;

• Urge the Government of Kenya to cease and desist from interfering with the Independence of the Judiciary and undermining its authority.
• Request for compliance with court decisions and respect of the law of law.

Chairperson, Honorable Commissioners;

Corporate capture coupled with the non-compliance with the legal and voluntary accountability frameworks (including the certification standards) has created fertile grounds for labour injustices and precarious work to thrive, resulting in decent work deficits. The affected workers suffer the challenge of unstable employment, low wages, limited social security, difficulties in joining a union and bargaining collectively for better wages and conditions of work. The situation is not any better for marginalized persons including women, persons living with disabilities (PWDs), youth and sexual minorities discrimination. Most of these workers are found in the informal, domestic, textile Export Processing Zones (EPZs) and agriculture sectors.

We call upon the Commission to request the Government of Kenya to;

• Strengthen the development, application, and enforcement of labour rights frameworks
• Ensure improved wages and quality of life for workers in precarious employment
• Ensure improve organizing, unionization, and representation of workers.
• Ensure the protection of women and other disadvantaged groups at the places of work.

Chair,

The LGBTI community continues to face abominable violations in the country thanks to increased stigma, discrimination, violence, retrogressive laws, and misunderstanding of their issues.

We impress upon the Commission to request the Government of Kenya to;

• Put measures to protect  the freedoms,  rights, and welfare of the LGBTI community in Kenya
• Repeal the retrogressive provisions of the Penal Code(Sections 162 and 165) that criminalizes homosexuality.

Honourable Commissioners, Distinguished Guest, Ladies, and Gentlemen

The North West and South West Anglophone Regions of Cameroon have been experiencing serious and massive human rights violations occasioned by their own government and separatist groups. Since October 2016, more than 200 villages have been partly or completely destroyed, forcing thousands to flee. Between 450,000 and 550,000 people have been displaced as a result of the crisis, representing about 10 per cent of the regions’ population; more than 2,000 people have been killed and about 1.3 million people need humanitarian assistance. An additional 30,000 to 35,000 people have sought asylum in neighbouring countries, notably Nigeria. Sexual and gender-based violence has been widely reported and more than 600,000 children have been deprived of education for the last three years.

We urge the Commission to;

• Adopt a resolution on Cameroon and also to investigate these persistent violations by the Government of Cameroon.
• Issue standing invitations to the special procedures, particularly the Special Rapporteur on Human Rights Defenders

Chair,

Forms of government despotism against peaceful protesters, activists, and civilians are on the rise in Africa. Arbitrary arrest and torture by armed forces to silence human rights defenders and civilians disparaging are regressing the gains on human rights. Freedom of expression in Tanzania is under threat as it is treated as a secondary issue.

We call upon the Commission to;

• Adopt a special resolution on Tanzania to tame its emerging authoritarianism.

The annual division of revenue provides for the equitable division of revenue raised nationally between the national and county governments in accordance with the Constitution, Articles 203 and 218.

The division of revenue is enshrined in the constitution to safeguard the proper functioning of county governments and to ensure the continuity of county services.

The Division of Revenue Bill No. 11 of 2019 was tabled in Parliament on 17^th April, but the Senate and the National Assembly failed to agree on how much money should go to counties. After several attempts at mediation, the bill was eventually defeated leaving the national budget making process in limbo.

The defeat of the DOR implies that county governments cannot receive their share of the revenue raised nationally, which will effectively grind county services to a halt and will cause untold misery to millions of Kenyans.

It is a matter of grave concern that notwithstanding the defeat of DORB, the National Assembly went ahead to table, debate and pass the National Appropriation Bill 2019, which was signed into law by the president on 28^th June 2019. This is blatantly illegal, considering that the Attorney General issued an advisory citing the move as unconstitutional.

Both the National Assembly and the Senate have since published versions of a division of revenue bill, both of which may be deemed unconstitutional.

We also note that several counties have passed their 2019 budget which is un-procedural given the present stalemate and absence of the county revenue allocation act.

We issue this statement to condemn the systematic and blatant violation of the constitution on the matter of division of revenue, especially on the part of the Treasury and National Assembly.

We note with deep concern, that despite the failure of the meditation processes provided for in law, the President has not issued any statement on the impending government shutdown.

We have lost confidence in the Jubilee Government’s ability to ensure the effective implementation of devolution. We note that under the leadership of the Speaker of the National Assembly Justin Muturi, and House Majority Leader Aden Duale, the National Assembly has become a serial violator of the constitution on matters pertaining to devolution. Their poor leadership has ultimately led to the collapse of the DORA process.

We also note that the CS Treasury has continuously failed this country in his duties and we fail to understand how he continues to enjoy the confidence of the presidency.

We therefore call for an independent and impartial mediation and arbitration process between the County and National Governments on the sharing of revenue as a basis of finding a speedy resolution to the present stalemate.

Finally, we call on county governments to take immediate and concrete steps to deal with rampant corruption at county level. This includes building effective citizen oversight, access to information and implementation of robust internal audit mechanisms.

We commit ourselves to the continued protection and implementation of the Constitution of Kenya and call upon H E President Uhuru to move quickly to restore confidence in his administration and its commitment to devolution and the Constitution of Kenya.

Signed by

The Institute for Social Accountability

Kenya Human Rights Commission

Inuka Kenya Ni Sisi

Youth Alive-Ke

Katiba Institute

Transparency International

Pamoja Trust

Civil Society Urban Development Platform

County Governance Watch

Development Through Media

THE NATIONAL ASSEMBLY

C/O THE CLERK

KENYA NATIONAL ASSEMBLY

PARLIAMENT BUILDINGS

P.O BOX 41842-00100

NAIROBI

KENYA

Email: clerk@parliament.go.ke

Cc. The Chairperson, National Security and Foreign Relations.

RE: PETITION TO THE NATIONAL ASSEMBLY UNDER ARTICLES 37 AND 119 OF THE CONSTITUTION, PETITION TO PARLIAMENT (PROCEDURE) ACT (2012) & STANDING ORDER 219 OF THE NATIONAL ASSEMBLY STANDING ORDERS CONCERNING  AN URGENT APPEAL FOR SOLIDARITY AND ACTION ON THE HUMAN RIGHTS AND GOVERNANCE SITUATION IN SUDAN.

_____________________________________________________________________________

We the undersigned:

Citizens of the  Republic of Kenya and  public  spirited  human rights defenders, wish to bring to the attention of the National Assembly the escalating  human rights and governance crisis in Sudan, on our own  behalf and on behalf of other citizens of the  Republic of Kenya.

We humbly draw attention to the house on the following:

1. Through peaceful protests since December 2018 the people of Sudan successfully managed to end the 30-year rule of former President Omar Hassan El-Bashir. Initially, President Bashir’s army responded through violence and declared a state of emergency on 22^nd of February 2019.

1. The demonstrations which began in December 2018 were accompanied by excessive use of force resulting in more than 100 deaths, mass arbitrary arrests and detention. These demonstrations culminated in a sit-in in Khartoum around the military headquarters starting from the 6^th April 2019 culminating in Bashir’s removal on 11^th April 2019.

1. Following the removal of Bashir from power, a Transitional Military Council (TMC) was formed to govern Sudan. The African Union (AU) condemned and totally rejected the seizure of power by the Sudanese military in line with the Lomé Declaration of July 2000 on the Framework for an OAU Response to Unconstitutional Changes of Government and demanded that the military step aside and hand over power to a civilian-led political authority.

1. In the communique of its 846^th meeting, the Peace and Security Council of the African Union provided a deadline of sixty (60) days from 15 April, 2019 for the military to hand over power to a civilian-led Transitional Authority and demanded negotiations towards the establishment of a civilian-led transitional authority and the finalization of transitional arrangements, including modalities, duration and priorities of the transition, as well as legislative and judicial structures, that would lead to the restoration of constitutional order.

1. While the military had initially expressed willingness to hand over power to a civilian authority, negotiations between the military and the Forces of Freedom and Change who led the protests, stalled several times. The situation deteriorated rapidly and on 3^rd June 2019, the Rapid Support Forces launched an assault on the main protest site resulting in civilian deaths estimated at over 100. Many are reported missing or detained.

1. These actions are the latest in a series of attacks against peaceful protestors throughout the negotiations, despite calls by the African Union Peace and Security Council for all parties to exercise maximum restraint, to respect the rights of citizens and to avoid actions that would complicate the situation in the country and negatively affect regional security and stability. The recent attacks by the security forces and the decision by the TMC to vacate all agreements with the opposition, call into question the commitment of the military to a peaceful transition.  It highlights the risk of further political polarization and of mass violent confrontation if urgent action is not taken in support of a peaceful transition to civilian rule.

1. The situation in Sudan is fast approaching the point of no return. There is an immediate and urgent need for intervention led by the African Union with the support of the international community to restore civilian rule in Sudan and end months of violent confrontations between the people of Sudan and the very authorities that are duty bound to protect them.

1. Kenya as a member of the Intergovernmental Authority on Development (IGAD) and, the Peace and Security Council of the African Union has a key role to play in ensuring the situation in Sudan does not deteriorate any further and contribute to worsening regional instability.

1. In view of this escalating governance, humanitarian and human rights situation, we call on the National Assembly to recommend to the Government of Kenya to request the African Union to:

1. Appoint an eminent person-led AU mediation team to help to oversee the transition to full civilian authority and to support a broader program of conflict resolution, transitional justice and institutional reforms during the transition and if necessary deploy an African Union peace keeping mission;
2. Urgently invite opposition forces such as the Sudan Professionals Association and the Forces for Freedom and change to address the council with a view to deepening understanding of their perspectives and ambitions;
3. Reiterate African solidarity in support of the Sudanese people and of their internationally guaranteed human rights of freedom of expression and association and to peace and security, and the right to choose their own government;
4. Propose a comprehensive package of political and material support for transition to a new civilian transitional government once this is constituted and establish a special taskforce to oversee the transition in Sudan until a civilian government is in place;
5. Initiate steps towards imposing targeted sanctions with the support of the international community against members of the Transitional Military Council responsible for human rights violations;
6. Urgently establish a mechanism to conduct an independent investigation into the attacks on protestors with the relevant support from the United Nations including cases of sexual and gender-based violence by armed groups including the Rapid Support Forces that have been reported following the latest attacks.
7. Urges the Kenyan government and the African Union to stand in solidarity with the people of Sudan and their aspiration for a government that supports human rights, respects the rule of law and upholds the democratic freedoms for all Sudanese. The consequences of not acting now will be devastating for Sudan and the region.

WHEREFORE, your humble petitioners pray that the National Assembly;

1. Dispenses with this petition immediately in view of the urgency of the matter and the gravity of the issues canvassed herein.
2. Investigates this matter and makes appropriate recommendations thereon.

And your PETITIONERS will ever Pray.

Civil Society organizations in Kenya.

The Kenya Human Rights Commissions (KHRC) wishes to express shock and dismay at the judgment enter in the Consolidated Constitutional Petitions 150 and 234 of 2015.The petitioners who included ourselves sought a determination of the court on constitutionality of making criminal sexual activities among the members of the LGBT community and other persons.

In its judgment, rather than avail protection and reprieve to the historically marginalized group of lesbians, gays, bisexuals and transgender persons as well as other queer and non-binary persons, the High Court instead chose to delegitimize them and their existence and reduced fundamental issues of dignity, equality and non-discrimination to morality issues, thus exposing an already-vulnerable group to increased stigma, discrimination and violence.

Over the years, the KHRC has documented the violations of the LGBT+ community on account of the real or perceived gender identity. In 2011, the KHRC published a report, Outlawed Among Us, which captures all the challenges posed by the sexual act of the LGBT+ communities being criminalized. Armed with such evidence, and aware of the lived experiences of the LGBT+ community, we cannot help being saddened and shocked by this decision under our current Constitution.

The KHRC commits to continue its pursuit of equal protection of fundamental rights and freedoms of all persons including those of the LGBT+ community. In the meantime we urge all Kenyans to exercise consideration for others, regardless of biases based on religion, culture or personal preferences and restrain from any acts of hate.

Madam Chair esteemed guests, all protocols observed.

We would like to bring to your attention and highlight key concerns regarding the state of human rights in Africa.

The right to freedom of assembly and association is the pillar of freedom of expression, democracy and good governance which provides the foundation for the promotion and protection of other fundamental rights and freedom. It is therefore worrying that, a number of African governments have enacted, or are in the process of enacting restrictive laws that prevent human rights defenders, journalists, activists and civil society organizations to freely access and share information, protest, organize and actively participate in the running of their governments.

We are also deeply concerned with the increasingly arbitrary changes to Constitutions to either relax term limits or scrap them altogether. After an initial period of limited presidential mandates, the continent is now faced with a return of life presidencies.  The changes to constitutions in this manner also limit the powers of the judiciary and installs autocratic executive governments. This goes against the principle of the judicial independence which is a key foundation to ensuring that the rule of law is upheld even when it might be unpopular. It is also one of the pillars for ensuring equal treatment of everyone before the law.

Madam Chair,

We join those who have spoken in other forums, to express concern about the human right situation in Egypt. The silencing of the voices of dissents especially from human rights activists, journalists and civil society organizations is now at a perilous pitch. The democratic space in this country is under challenge. This is manifested by the freezing of the assets of civil society organization in Egypt. Independent media has come under threat or is totally non-existent. We note with concern the crackdown against civil society organizations, which has forced some of them into exile. The promotion and protection of human rights in Egypt has been met with force,  which has been reinforced through a number of human rights violations notably enforced disappearance, torture and other forms of cruel and degrading treatment, violations of the right of defense, the court’s excessive reliance on anonymously sourced police investigation reports, and the filming and the broadcasting of defendants’ confessions before and during trial, and even after the handing down of death sentences . The death penalty is rampantly used in Egypt making it the 6th highest executioners in the world and the leading in Africa.

Even in the hosting of a continental session on human rights in Africa, we continue to see Egypt blatantly restrict participation of human rights organizations through the denial visas to some civil society colleagues, restrictions on meeting space that has deterred many of us from holding meeting in the sidelines of NGO forum and the ordinary session; no presence of the Egyptian press; and importantly low participation of Egyptian women.

Recommendations

We call on the Commission to:

• Urge  all states to respect and uphold the African declaration of the principles on freedom of expression in Africa
• Call on Egypt to repeal all its laws that restrict fundamental rights and freedoms and ensure that the there is an environment for meaningful participation of the civil society organizations, the independent media and other independent voices.
• In future ensure that state that offer to host the ordinary session avail the necessary environment for genuine human rights dialogue.
• Ensure that the review of the human rights situation is meaningful and takes into account the views of Egyptians including those in exile and detention

Thank you

Kenya Human Rights Commission (Observers status number 191)

Signed