Looking at the 2017 elections, is civil society beyond the brink? - Preliminary findings of a fact-finding mission on the situation on human rights defenders and NGOs

THE OBSERVATORY -PRESS RELEASE

KENYA: Looking at the 2017 elections, is civil societybeyond the brink?

Preliminary findings of a fact-finding mission on thesituation on human rights defenders and NGOs

Geneva-Nairobi-Paris, October 28, 2016 – “The Kenyan authorities have the responsibility toprotect civil society organisations and defenders, rather than harass them”,said the Observatory for the Protection of Human Rights Defenders (a jointOMCT-FIDH partnership), following a fact-finding mission to Kenya. In the context of the upcoming elections, high levels of police violence and patternsof criminalisation, especially during peaceful demonstrations andcounter-terrorism actions, are two of the main concerns identified by themission. In addition, civil society has been for too long waiting for anadequate legal framework ensuring an enabling environment, free from abuse andarbitrariness.

The delegation, who conducted a fact-finding missionto Kenya from October 24 to 28, met with several representatives of the Kenyancivil society, ranging from international to grassrootsorganisations, from the capital and otherregions of the country. The delegates also met with several nationalauthorities such as the Kenyan National Commission on Human Rights, theParliamentary Caucus on Human Rights, the National Police Service, theIndependent Policing Oversight Authority, the Office of the Director of PublicProsecutions and the Judiciary, as well as with the diplomatic community inNairobi.

The three mission delegates highlightedthree major areas of concern that severely undermine the very existenceof an enabling environment for human rights defenders to freely andlegitimately operate.

First, the high levels of police violence oftenexperienced and reported by human rights defenders, especially when trying tohold accountable public officials for the violations committed, put at risk theirphysical and psychological integrity. These acts of violence include acts oftorture, enforced disappearances and extra-judicial killings, including underthe guise of combating criminality through “security” and “counter-terrorism” operations.

“The killing of Willie Kimani, Kenyan humanrights lawyer, last June, is only the tip of the iceberg of a worrisome patternof extrajudicial killings, which appear to be increasing and which aim atsilencing dissenting voices and perpetuating police and other security forces’impunity. We urge the competent national authorities to end the widespreadimpunity for such cases and ensure speedy investigations and prosecutions inorder to hold perpetrators to account”, declared Peter Zangl, Representative of the World Organisation AgainstTorture (OMCT) to the European Union, who led the mission.

Second, the increasing pattern of criminalisation andintimidation of human rights defenders, including those participating in legaland peaceful demonstrations, through trumped-up charges, episodes of frequentarrests, detentions in police stations and long legal processes, represent aserious concern for the delegation, since they are used as a mean to exhaustdefenders and paralyse their work. Moreover, the unreasonable use of force inmanaging public protests call into question the prevailing standards in crowdcontrol and their actual use by the police.

“We call forsustained police reforms that transpose into reality the constitutionalfundamental rights to freedom of expression, peaceful and unarmed assembly andassociation of all Kenyan citizens. In regards to the constitutional right tobail, a transparent and proportionate implementation of the bail and bondpolicy is urgently needed in order to ensure that it is not used as a form ofpunishment against human rights defenders to repress social protest”, said Benson Olugbuo, Executive Director of CLEENFoundation, who was a delegate of the mission.

Third, the delaysin the commencement of the Public Benefit Organisations Act 2013 (PBO Act),which streamlines regulation ofNGOs, has left the door open for abuses and administrative harassment of civilsociety organisations (CSOs). As a result, CSOs continue to operate within ahostile environment, characterized by threats of arbitrary de-registrations andasset freezes, continuous attacks and smearing campaigns. It is worrying and areason of real concern that the past two years have witnessed various failedattempts to restrict such legislation through draconian amendments, aiming atundermining its significant improvements.

“Wewelcome the long awaited operationalization of the PBO Act, which represents apositive step for opening the space for civil society work in Kenya. However, weurge the Kenyan authorities to ensure that the regulations and bodies that willbe created, as well as possible proposed further amendments, will not seek torestrict the rights guaranteed by the Act”, highlighted Chiara Cosentino, OMCT Human Rights Officer, who wasalso a delegate of the mission.

The Observatory calls upon the Kenyan authorities,especially in view of the upcoming elections, to publicly recognise thelegitimate and crucial role of civil society and human rights defenders aspillars of every democracy and watchdogs of the rule of law, and to protectthem in all circumstances from any kind of harassment.

A mission report will be issued in the coming monthsand will present detailed conclusions and recommendations to the Kenyanauthorities, the United Nations, the African Union, the East African Community,the European Union and other international stakeholders.

The Observatory for the Protection ofHuman Rights Defenders (the Observatory) was created in 1997 by the WorldOrganisation Against Torture (OMCT) and FIDH. The objective of this programmeis to intervene to prevent or remedy situations of repression against humanrights defenders. OMCT and FIDH are both members of ProtectDefenders.eu, the European Union Human RightsDefenders Mechanism implemented by international civil society.

For more information, pleasecontact:
• OMCT: Chiara Cosentino: +41228094937

• FIDH:Arthur Manet / Audrey Couprie: + 33143552518