Administrative harassment of the Kenyan Human Rights Commission (KHRC)

TheObservatory for the Protection of Human Rights Defenders, a joint programme ofthe International Federation for Human Rights (FIDH) and the World OrganisationAgainst Torture (OMCT), requests your urgent intervention in the followingsituation in Kenya.

Descriptionof the situation:

TheObservatory has been informed by reliable sources about the administrativeharassment of the Kenyan Human Rights Commission (KHRC), a human rightsorganisation advocating for the promotion of human rights, democratic valuesand social justice in Kenya.

Accordingto the information received, on October 28, 2015, the KHRC became aware, throughthe media, of the decision of the Kenyan NGO Coordination Board (the Board) tode-register 957 Kenyan organisations, if they failed to present auditedaccounts to the Board within a 14-day notice. The KHRC was among the NGOslisted by the Board.

Subsequently,the KHRC wrote to the Board to request further information on the allegationsand the motivations of the decision highlighting that there had been no priorwarning, communication or enquiry to the KHRC regarding the status of theirreturns. In a press release dated October 28, 2015, the Board accused theorganisation of failing to account around KES 1.2 billion (approx. 10 millionEuros), managing four illegal accounts, and transmitting inaccurate financialreports. The KHRC responded that it had complied with all regulatory and legalrequirements and decided to respond to both the KHRC's and broader sectoralissues, using this challenge as an opportunity to denounce recent restrictionsand call for the respect the civic space for all.

On October 30, 2015, the Cabinet Secretaryfor Devolution and National Planning ordered the revocation of the decision toissue notice of de-registration.

KHRC intends to institute a suit againstthe NGO Board's illegal and irregular actions.

TheObservatory would like to recall that the Board's decision to potentiallyde-register the KHRC is part of a larger campaign of repression againstindependent civil society organisations. Over the last two years, the NGO Boardhas drafted four sets of harmful amendments to the Public Benefits Act (PBO Act2013). The harsher amendments have sought to cap foreign funding to 15%,undermine self-regulation and impose excessive national executive regulation.In December 2014, the Bureau de-registered 540 organisations. Two weeks later,the Bureau reinstated 179 organisations after they proved they were in fullcompliance. The opportunity of the PBO Taskforce to create a consensus on theamendments to the PBO Act was squandered by the NGO Coordination Bureau inApril. In June 2015, the Government froze the accounts of Haki Africa andMUHURI, two local human rights organisations, on the recommendation of the NGOBoard[1].Less than two months later, the High Court found that the two organisations hadno case to answer[2].On November 12, 2015, the court lifted the ban on the accounts.

Inthis context, the Observatory remains concerned about the target of humanrights groups, especially those who call for accountability for Kenya’s2007-2008 post-election violence and those documenting security forces abuses.

TheObservatory strongly condemns the harassment of KHRC and other NGOs in Kenya,which seems to merely aim at preventing them from carrying out their legitimatehuman rights work. More generally, the Observatory reiterates its concernsregarding the shrinking space imposed by the Government to the civil society inKenya.

Actionsrequested:

Please write to the authorities of Kenya, urgingthem to:

i. Guaranteein all circumstances the physical and psychological security and integrity ofthe members of the KHRC, as well as of all human rights defenders in Kenya;

ii. Put an end to any kind of harassment –including at the administrative level – against the KHRC and their members, aswell as against all human rights organisations in Kenya so that they are ableto carry out their work without any hindrances;

iii. Acknowledge the important role played bycivil society in promoting tolerance in the struggle against violent extremismand ensure an enabling environment in which human rights defenders and civilsociety can operate free from hindrance and insecurity;

iv. Comply with all the provisions of the UnitedNations Declaration on Human Rights Defenders, in particular with its:

- Article 1, which provides that“everyone has the right, individually and in association with others, topromote and to strive for the protection and realization of human rights andfundamental freedoms at the national and international levels”;

- Article 12.2 , which provides that“the State shall take all necessary measures to ensure the protection by thecompetent authorities of everyone, individually and in association with others,against any violence, threats, retaliation, de facto or de jure adversediscrimination, pressure or any other arbitrary action as a consequence of hisor her legitimate exercise of the rights referred to in the presentDeclaration”;

v. More generally, ensure in allcircumstances the respect for human rights and fundamental freedoms inaccordance with the Universal Declaration of Human Rights and withinternational and regional human rights instruments ratified by Kenya.

Addresses:

· Hon. Uhuru Kenyatta, President ofthe Republic of Kenya, State House, Statehouse Road, P.O Box: 40530 00100,Nairobi, Kenya, Fax: +254-020-2436, Email: president@statehousekenya.go.ke

· Hon. William Ruto, Deputy-Presidentof the Republic of Kenya, Office of The Deputy President, Harambee Avenue, P.O.Box 74434 - 00200 Nairobi, Kenya, Tel: +254 20 3247000/1/2/3/4/5, Email: dp@deputypresident.go.ke

· Hon. Joseph Nkaissery, Interior& Coordination of National Government, Harambee House, Harambee Avenue, P.OBox 30510,00100 Nairobi, Tel: +254-20-2227411, Email: ps.interior@kenya.go.ke

· Hon.Anne Waiguru, Cabinet Secretary, Ministry of Devolution and Planning, ThePresidency , Harambee House, Harambee Avenue, P.O. Box 30005, 00100 Nairobi,Kenya; Tel: +254-20- 2252299 Email: cs@devolutionplanning.go.ke

· Commissionerof Police, Kenya Police Headquarters, Vigilance House, Harambee Avenue, P.O.Box 30083, Nairobi, Kenya, Tel: +254-020-341411/6/8, Email: commissioner@police.go.ke,complaints@police.go.ke

· Commissioner Kagwiria Mbogori,Chairperson, Kenya National Commission on Human Rights, Fax: +254-020- 2716160E-mail: haki@knchr.org

· H.E. Mr. Stephen Ndungu Karau,Permanent Mission of Kenya to the United Nations in Geneva, Av. de la Paix 1-3,1202 Geneva, Switzerland, Fax: +41 22 731 29 05, E-mail: mission.kenya@ties.itu.int

· H.E.Johnson Weru, Embassy of Kenya in Brussels, 208 av. W. Churchill, 1180 Uccle,Belgium, Fax: + 32 2 340 10 50 / + 32 2 340 10 68. Email: kenbrussels@hotmail.com

Pleasealso write to the diplomatic representations of Kenya in your respectivecountries.

[1] See Observatory's Urgent Appeal KEN 001 / 0415 / OBS 034.1 publishedon June 5, 2015.

[2] See Civil Society Organizations (CSO) Reference Group Statement, Suspendedde-registration of 970 Public Benefits Organisations, October 10, 2015.