In many countries across the world, governments have stepped up attacks on Non-Governmental Organisations (NGOs), making it harder for them to function effectively. A global pattern has emerged, in which certain governments seek to stigmatise and delegitimise these organisations, particularly by demonising their acceptance of foreign funding or other foreign connections they might have. Moreover, governments often impose debilitating regulations, limiting NGOs activities or simply shutting them down. These measures are often cloaked by the authorities as efforts to curb money laundering, corruption or terrorism.

Such state tactics are not new and include public vilification, hostile legislation, arbitrary enforcement, surveillance, arrest and intimidation. But the speed and scale of this latest spreading wave of repression has been astonishing, fuelled by geopolitical trends and national political shifts that are weakening international human rights protection and support.

NGOs are essential for mobilising private initiative, facilitating citizen engagement and protecting people’s rights. To anticipate and prepare for potential threats, they need to closely observe the signs of a sector-wide assault on civic freedoms.

In recent years, many members of the International Network of Civil Liberties Organizations (INCLO)have had to respond to a sudden increase in threats to civic freedoms. In support of these and other NGOs who have experienced similar treatment from authorities, today, INCLO is releasing the report Gaining Ground: A Framework for Developing Strategies and Tactics in Response to Governmental Attacks on NGOs.

To inspire international solidarity and enhance cross-border exchange between different organizations, Gaining Ground provides resources and analysis designed to support national organizations who wish to formulate strategic tactics to counteract governmental threats and assaults. It identifies five strategic questions, related to specific threats observed around the world, and enumerates possible responses, evaluating their pros and cons while addressing the possible considerations determined by the context in which the organizations operate. Moreover, the publication shares relevant case studies that INCLO collected from NGOs around the world.

While the approaches adopted by other NGOs would need to resonate within the national context, INCLO’s report seeks to provide a framework of strategic proposals that can be used as a starting point to address NGO vulnerabilities.

INCLO is a network of 13 independent, national human rights organizations working to promote fundamental rights and freedoms. The INCLO members are: the American Civil Liberties Union (ACLU), the Association for Civil Rights in Israel (ACRI), the Canadian Civil Liberties Association (CCLA), Centro de Estudios Legales y Sociales (CELS) in Argentina, Dejusticia in Colombia, the Egyptian Initiative for Personal Rights (EIPR), the Hungarian Civil Liberties Union (HCLU), the Human Rights Law Network (HRLN) in India, the International Human Rights Group Agora (Agora) in Russia,  the Irish Council for Civil Liberties (ICCL), the Kenya Human Rights Commission (KHRC), the Legal Resources Centre (LRC) in South Africa, and Liberty in the United Kingdom.

Click here Gaining-Ground to download

The Civil Society condemns in the strongest possible terms this latest round of intimidation against the civil society in general and these three (3) organisations in particular. We stand in solidarity with the organisations, their staff, and their leadership who have worked tirelessly in the struggle for human rights, social justice, and peace in the country.

It is not a coincidence that the NGO Board has decided to come after these organisations at this time. All three, have been instrumental in documenting and calling for free, fair, and credible elections in the 2017 election cycle. In addition, all organisations have in one way or another been involved in litigation and other advocacy around elections issues. For example, Khelef Khalifa, the Chair of MUHURI’s Board was one of three concerned Kenyan citizens who filed a petition to the Supreme Court on 25 October 2017 in an attempt to postpone the elections for lack of preparedness. Katiba Institute is in the process of instituting legal proceedings on the constitutionality of the recently passed Election Laws (Amendment) Act 2017. John Githongo, who is part of the leadership of Inuka Kenya, has been active in civil society on precisely the issues the government doesn’t like: integrity, corruption in government, and free, fair, and credible elections.

This is not the first time that the government has targeted the institutional integrity of these organisations. In 2015, the government instigated and carried out the unlawful and illegitimate shuttering of MUHURI and another organisation on false allegations of association with known terror groups. The closure of MUHURI at the time was linked to its work to document and raise awareness on the human rights violations perpetrated by government forces in counter-terrorism operations.

We are aware of plans to target, intimidate, and subvert the work of civil society organisations in the coming days and weeks. This is part of a larger scheme to intimidation of institutions and organisations who have dared to dissent with or contradict with the official government line. We must not let this intimidation stand. The government should cease attacks against civil society organisations, end the culture of contempt and hostility towards civil society organisations working to raise the bar of accountability and integrity in the country. We call on all Kenyans to rise to the cause for a free and open civic space. We must not allow Kenya’s hard won democratic institutions be eroded.  We reiterate that we don’t recognise the summons of the NGO board as issued by Fazul. Fazul has been indicted by constitutional bodies as unfit to hold office and he continues to perpetuate illegalities by summoning civil society organisation pushing for good governance and the rule of law.

List of organisations

1. Kenya National Commission on Human Rights (KNCHR)
2. Inuka Kenya Ni Sisi Ltd
3. Katiba Institute
4. Muslims for Human Rights (MUHURI)
5. Coalition for Constitutional Implementation
6. Kenya Human Rights Commission (KHRC)

The Kenya Human Rights Commission stands in solidarity with thirteen human rights defenders arrested and detained by Tanzanian authorities in Dar-es-Salaam on the 17^th and 20^th October, 2017, respectively.

The human rights defenders were arrested and detained during a meeting convened by Community Health Education Services & Advocacy (CHESA) and the Initiative for Strategic Litigation in Africa (ISLA) to obtain instructions and evidence on a case these organisations plan to file before a court. The Tanzanian government stated that the human rights defenders were arrested on charges of ‘promoting homosexuality’ – a charge that does not exist under Tanzanian law.  Since these arrests and detentions, the Tanzanian government has moved to suspend CHESA for ‘promotion of marriage between people of the same sex.’

We condemn in the strongest terms these arrests and detentions of human rights defenders legitimately carrying out their work and conforming to Tanzania’s laws and regulations.

The Kenya Human Rights Commission calls for the immediate release of all thirteen human rights defenders. The arrest of the human rights defenders goes against Tanzanian and international human rights laws, especially as they pertain to freedom of expression and freedom of association under Articles 18 and 20 (1) of the Constitution of the United Republic of Tanzania respectively. Article 15 (2) (a) of the Constitution prohibits the state from arresting or detaining persons save only under circumstances and in accordance with procedures prescribed by law. Tanzania’s own Constitution recognises the right to seek legal redress when fundamental rights have been violated under Article 30 (3).

This latest development falls in line with attempts to intimidate human rights defenders working on the right to health of extremely marginalised members of Tanzanian society, including LGBTI persons. The Government of Tanzania should strive to ensure that all citizens, regardless of sexual orientation and gender identity and expression, have access the highest attainable standard of health, including sexual and reproductive health. Further, the Government of Tanzania should ensure that organisations that work on these important issues carry out their work without intimidation from the state, in line with international law and Tanzania’s own Constitution.

The Kenya Human Rights Commission (KHRC) takes great exception to a document circulating amongst the local media and various social media platforms supposedly from the Executive Director of the NGO Co-ordination Board, Mr. Fazul Mohammed who purportedly proceeds to deregister KHRC. This is sadly yet another chapter in attempts to harass and intimidate KHRC at the hands of the NGO Co-ordination Board and more specifically Mr. Fazul Mohammed himself. The particulars cited in this letter are baseless allegations that have been directed at KHRC since 2015 and we have consistently addressed and disposed of them each time.

It was alleged then as it is now, that KHRC has operated illegal accounts, failed to abide by its statutory tax obligations, concealed transactions in relation to its board members and made false declarations to the NGO Coordination Board. In what is a recurring trend, KHRC has been condemned unheard by the NGO Coordination Board in clear violation of the Constitution as well as statutory and procedural provisions on this matter. KHRC in fact sought legal redress on these matters specifically in 2015 and obtained a clear judgement against them in Kenya Human Rights Commission v Non-Governmental Organisations Co-Ordination Board [2016] eKLR.

Loading...

Taking too long?

Reload document

| Open in new tab

Download [10.42 MB]

Kenya has over the years registered very low numbers of women in politics and often women are accused of seeking political positions they have not earned. This has contributed to failure of enacting an affirmative action mechanism to effect the two third gender rule. In 2013 the country saw a reduced representation of women through elected seats in parliament from 9% in the 10^th August house to 5%  in the 11^th August House.  However the preliminary results of the just concluded 2017 general elections provides hope that Kenyan voters are well ahead of policy makers on the issue of women representation and so gender parity is no longer a mirage. The preliminary results indicate that the number of women in the National Assembly is likely to increase from 5% to 8% for the non-affirmative positions and from 0% to 6%in the Senate. So far we have 3 women elected as governors. Joyce Laboso Governor elect for Bomet, Anne Waiguru Governor elect for Kirinyaga and Charity Ngilu Governor elect for Kitui; again an increase from zero to 6%. Additionally there are 3 women senators. Susan Kihika Senator elect for Nakuru, Margaret Kamar Senator elect for Uasin Gishu and Fatuma Dullo Senator elect for Isiolo County.  Kenyans have elected 23 women as Constituency members of parliament as hereunder:

1. Likoni Constituency , Mombasa County – Mishi Mboko , MP Elect
2. Malindi Constituency  , Kilifi Constituency – Aisha Jumwa MP Elect
3. Taveta Constituency , Taita Taveta County- Naomi Shabaan MP Elect
4. Ijara Constituency , Garissa County – Sophia Abdi MP Elect
5. Baringo South – Grace Chelagat Kipchoim –MP Elect
6. Turbo Constituency Uasin Gishu County – Janet Jepkemboi Sitienei ,MP Elect
7. Njoro Constituecny Nakuru County – Charity Kathambi Chepkwony  – MP Elect
8. Naivasha Constituency Nakuru County – Jane Kihara – MP Elect
9. Gilgil Constituency Nakuru County –  Martha Wangari,MP Elect
10. Samburu West Samburu County – Naisula Lesuuda –MP Elect
11. Laikipia North Laikipia County – Sarah  Paulata Korere –MP Elect
12. Kajiado  East , Kajiado County –Peris Tobiko , MP Elect
13. Gatundu North ,Kiambu – Anne Wanjiku Kibe , MP Elect
14. Kigumo ,Muranga County –  Ruth W.Mwaniki, MP Elect
15. Kandara ,Murangá County – Alice Wahome, MP Elect
16. Maragua ,Murangá County – Mary W.Njoroge, MP Elect
17.  Rangwe , Homabay County – Lilian Achieng Gogo, MP Elect
18. Kabondo Kasipul , Homabay County- Eve Akinyi Obaara, MP Elect
19. Suba North ,Homa Bay County – Millie Odhiambo , MP Elect
20. Kasarani , Nairobi City County – Mercy Wanjiku Gakuya ,MP Elect
21. Kitui South Kitui  – Rachael Kaki Nyamai ,MP Elect
22. Kibwezi East , Makueni County – Jessica Nduku Mbalu ,MP Elect
23. Bomet East ,Bomet County – Beatrice Kones ,MP Elect

This is good progress as the trend will expose Kenyans to women leadership and help nurture a broader talent of women aspiring for political leadership.

The commemoration of the International Day against Homophobia, Biphobia, and Tran’s phobia, on May 17 each year, is an opportunity to reflect on the impact of violence and discrimination against LGBTI people in our society and to take concrete steps to ensure that all persons, regardless of their sexual orientation and gender identity, are treated with equality.

IDAHO’s theme this year is Families, an exhortation to think about the role our families and friends play in promoting LGBTI equality. In Kenya, we lament that families and friends remain some of the most violent towards their LGBTI siblings, parents, grandparents, and friends. LGBTI persons experience exclusion from their loved ones, withdrawal of financial and other support, as well as other forms of violence and discrimination, because of whom they are or who they love. In addition, families composed of LGBTI parents and guardians continue to face hurdles not otherwise experienced by non-LGBTI families including the lack of recognition of relationships, deprivation and prohibition of adoptions by LGBTI persons, as well as lack of services such as appropriate health insurance, life insurance, and family laws.

However, families and friends continue to be important stakeholders in the march for LGBTI equality in Kenya. Today, we honour those who have accepted their LGBTI loved ones regardless of who they are or who they love. We urge all Kenyans to practice tolerance, respect, and openness towards all persons, regardless of their sexual orientation, gender identity, and expression.

The Kenya Human Rights Commission continues to urge the Government of Kenya to create laws and policies that address violence and discrimination on grounds of sexual orientation, gender identity, and expression. Key among these law reforms includes the repeal of laws criminalising consensual, adult, and private sexual conduct between persons of the same sex, the prohibition of violence and discrimination on grounds of SOGIE, the legal recognition of transgender and intersex persons, as well as provisions which outlaw adoptions by lesbian, gay, and bisexual individuals.

1. Madam Chairperson, Honorable Commissioners, State Delegates, distinguished guests, ladies and gentlemen. Allow me to begin by applauding the Commission and in particular the Committee on the Prevention of Torture in Africa (CPTA) for the launch of General Comment No. 4 on the African Charter on Human and Peoples’ Rights focusing on the right to redress for victims of torture and other cruel, inhuman or degrading punishment or treatment.
2. This general comment will go a long way in not only providing much needed guidance to mandate holders such as States, National Human Rights Institutions and National Preventive Mechanisms; but also civil society and other non-state actors involved in facilitating redress for victims of torture and other ill treatment. I consider this to be both timely and highly relevant for my country the Republic of Kenya that has a long history of litigation in pursuit of reparations by victims of torture and other ill treatment and now in light of our recently enacted Prevention of Torture Act.
3. It is in this in light that I encourage the Committee on the Prevention of Torture in Africa to engage Kenya on the implementation of the general comment as part of operationalizing the Prevention of Torture Act. I do however note that the responsibility for implementation does not rest on the shoulders of the Commission alone or indeed those of the State. A strong collaboration between State and Non-State actors would be essential and in that regard I would propose the following:

• That civil society as practitioners take the initiative to disseminate and sensitize the public on the General Comment by working closely with victims as well as mandate holders such as National Human Rights Institutions (NHRIs).
• That civil society utilizes the General Comment to strengthen the interventions they undertake in pursuit of redress such as litigation seeking reparations for victims as well as in their evaluation of State measures aimed at providing redress. This is also linked with utilizing the General Comment to strengthen policy and legislative advocacy in the arena of redress rights.
• That the Commission makes reference to the General Comment in its decisions and other interactions with the State as well as work with civil society to exploit opportunities for sensitization in the context of country visits.
• That the Commission, NHRIs and civil society collaborate towards the development of context specific indicators for the General Comment in addition to harnessing available good practices such as witness protection and rehabilitation models as well as compensation funds.

4. Finally, while appreciating the prospects for progress presented by the Prevention of Torture Act, I must still call to the attention of the Commission the persistent challenges faced in combating torture and other ill treatment. Despite numerous commitments by the Attorney General, the payment of compensatory awards issued by the Courts in favor of victims of torture and ill treatment continues to be slow and arduous task for victims who feel re-victimized by the inability to enforce the court decisions. We urge the Commission to require the Kenyan government to provide it with a status update on the court awards issued and the status of their implementation.
5. We continue to receive reports of persons in custody being subjected to torture and being denied access to medical care, family visits and visits by their legal representatives. While some reports have been forwarded to the Independent Policing Oversight Authority (IPOA) for investigation, such investigations are hampered by non-cooperation from the police service as well as threats and intimidation directed towards victims who report errant officers and also towards the human rights defenders who try to support them. We call on the Commission to call on the Kenyan government to accord the necessary political and financial support to the Independence Policing Oversight Authority and the Witness Protection Agency and the Kenya National Commission on Human Rights as key instruments in facilitating redress for victims of torture and other ill treatment.

Thank you.

Madam Chairperson,

While the Kenya Human Rights Commission welcomes the report by the Chairperson of the Working Group on the Death Penalty and Extra Judicial Executions in Africa, we would like to draw the Commission’s attention to the following;

Kenya has for a long time been considered to be a de-facto abolitionist of the death penalty with the last execution having been done in 1986. Despite the enactment of sentencing guidelines by the then Chief Justice of Kenya in 2015, Courts of law in Kenya continue to pass the death penalty for offences that carry the mandatory death sentence as was evident in the decision of the Court of Appeal in [1]Joseph Njuguna Mwaura & 2 others vs Republic^[2].While the Kenya Human Rights Commission welcomes the President’s decision to commute 2747 convicts from death sentences to life imprisonment;

 We urge the Commission to;

• Call on the Government of Kenya to ratify the second optional protocol to the International Covenant on Civil and Political Rights on the abolition of the death penalty.

Madam Chairperson, distinguished guests;

Between 2014 to March 2017, there have been over 487 cases of extra judicial executions by the Police in Kenya in the pretext of maintaining law and order, crowd control management and countering violent extremism. This widespread pattern of extra judicial executions by the Kenyan police is a serious concern for a state that purports to adhere to the rule of law. The extra judicial execution of Kwekwe Mwandaza in Mombasa, Willie Kimani, a lawyer with the International Justice Mission and lately young man in Nairobi’s East Leigh on the 31^st of March 2017 are just some of the many cases documented by Civil Society Organizations and the Media. In response to the East Leigh incident, the Nairobi Police Commander Japheph Koome defended the killings stating and I quote:

“The same gangsters shot dead an officer yesterday. Tell all gangsters out there that when they kill an officer, I am ruthless and they will get it from me.”

This is a clear demonstration of how those charged with maintaining law and order have discharged their duties with impunity and is an indication of the states non commitment to comprehensively address this systemic gross human rights violations.

We urge the Commission to:

• recommend the Government of Kenya to institute a Judicial Commission of Inquiry into Extra Judicial Executions.

Madam Chairperson,

KHRC welcomes the report by the Chairperson of the Working Group on Prisons, Conditions of Detention and Policing in Africa and would like to draw the Commission’s attention to the following;

Prison Conditions in Kenya have for a long time been characterized by overcrowding, congestion, poor diet, degrading clothing and bedding, lack of clean water, poor sanitation and infectious diseases amongst other challenges.[1]  Over 55000 prisoners are held in only 118 facilities in Kenya. In the past six years, over 1714 inmates have died in prison with the largest death of 623 being reported in 2013[2]. The large number of people arrested and detained in police cells in Kenya is equally worrying. A recent study on the Criminal Justice System in Kenya suggested that an average of around 5000 people are held in various police stations annually[3].

We urge the Commission to;

• Call upon the Government of Kenya to implement the resolution on the adoption of the “Ouagadougou Declaration and plan of action on accelerating Prison and Penal Reforms in Africa.

Madam Chairperson, Distinguished guests;

Impunity and disregard for the rule of law within a significant cross-section of the police service continues to be a worrying challenge and undermines the huge investments made in police reforms. On numerous occasions, the Kenyan Police has used lethal force; deadly crowd control weapons to disperse peaceful demonstrators and have also conducted extra judicial executions. While we welcome the guidelines for policing of assemblies by law enforcement officials in Africa that was launched during this ordinary session,

We urge the Commission to;

• Call upon the Government of Kenya to investigate and prosecute or recommend for disciplinary action all Police Officers implicated in using lethal force and deadly crowd control weapons.
• Call upon the Government of Kenya to urgently establish a comprehensive training on public order management with reference to other internationally accepted standards

Madam Chairperson,

On Civic space, in the last year alone, various actions were taken by state offices to restrict the operations of Civil Society Organizations. While the Public Benefit Organization Act was passed in January 2013, the Act is yet to be commenced 4 years later. In October 2016, CSO’s successfully obtained a judgment ordering the immediate commencement of the Act; however, the court order to date has not been implemented. Further to the foregoing, attacks on CSOs and human rights defenders have been on the increase as witnessed through threats of deregistration to CSOs as well as use of excessive force during peaceful protests by security agencies.

We call on the Commission to:

• impress upon the Government of Kenya to commence 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 protests and to hold to account security agents who use arbitrary and unnecessary force on unarmed citizens exercising their right to assemble and picket;

Madam Chairperson, distinguished guests;

Corruption in Kenya seems to be spiraling at a very alarming rate. A recent report by Transparency International placed the country 145th out of 176 countries with a score of 26 based on its corruption index. The past year has been replete with the emergence of numerous grand corruption scandals both at the national and county government. Additionally, allegations of corruption in government contracting, particularly for large mining and infrastructural projects have been on the rise. This is particularly worrying for a government that came into power on an anti-corruption ticket. Key ministries mandated to develop and implement policies regarding delivery of basic services have not been spared in the looting.

We call on the Commission to:

• Encourage the government to translate the President’s pledge on fighting corruption into a comprehensive and transparent process based on the rule of law and our Constitution’s standards on leadership and integrity. The fight against corruption must be comprehensive and shielded against any possible accusations of political bias;

Madam Chairperson, distinguished guest;

Over the last 15 months, Civil Society Organizations and media houses in Kenya have reported and documented multiple incidents of torture, enforced disappearances and extrajudicial executions implicating police officers. The unlawful execution of Willie Kimani, a lawyer with International Justice Mission (IJM), his client Josephat Mwenda, a motorcycle rider, Joseph Muiruri, a taxi driver and lately a young man in Nairobi’s Eastleigh on the 31^st of April 2017 are just a few of the many cases which got covered in the media. Kenyan Security agencies continue to use lethal crowd control weapons on peaceful demonstrators that has left a number of citizens severely injured and in extreme circumstances led to death.

We urge the Commission to:

• adopt the Resolutions on Death Penalty, Summary Executions and Enforced Disappearances from the 57^th Session and also recommend that Kenya ratifies the International Convention for the Protection of all persons from enforced Disappearance (which was signed by Kenya on the 6^th of February 2007); and
• recommend the Government of Kenya to institute a Judicial Commission of Inquiry into Extra Judicial Executions.

Madam Chairperson;

Preparations for the 2017 general elections have been marred with various irregularities as was evidenced in the recently concluded political party primaries. We have condemned in no uncertain terms incidents of violence, particularly on women aspirants, which have included threats and intimidation, physical violence, sexual violence, hate speech, and defamation. The unpreparedness of various state agencies tasked with ensuring that this year’s elections are free, fair, and peaceful may dent the credibility of this election.

We call upon the Commission to constitute a delegation to closely monitor the 2017 General Elections in Kenya to ensure that the exercise is free, fair and credible.

In Conclusion

The KHRC commends the Government of Kenya for its recent recognition of the citizenship rights of the Makonde community. We note the need to expand citizenship rights and state recognition to members of other communities in Kenya and urge the government to implement laws and policies to ensure a fair and efficient citizenship determination and documentation procedure for all stateless persons. In addition, we urge all African Union member states to address the problem of statelessness within their jurisdictions, and draw support from the ACHPR in coming up with laws and policies to address this issue.