Bank account of human rights organisations Haki Africa and Muslims for Human Rights (MUHURI) must be unfrozen

OnNovember 12, 2015, the Mombasa High Court will decide on whether Haki Africaand Muslims for Human Rights (MUHURI) bank accounts will be unfrozen so thatthey can continue with their normal operations and work in the defence of therights of coastal communities in Kenya. Haki Africa and MUHURI are two humanrights organisations that advocate for constitutional means to counterterrorism while also observing human rights. On May 28, 2015, theNon-Governmental Organisations (NGO) Coordination Board attempted tode-register them while previously on April 8 their banks accounts were frozen.

OnJune 11, 2015, the Mombasa High Court ordered that the Kenyan State remove bothorganisations from the list of terrorist organisations under the Prevention ofTerrorism Act. To date, that removal has not yet translated into the unfreezingof their accounts, preventing the organisations from pursuing their humanrights work.

“The two human rights organisations pursue legitimate human rights activities and workopenly and peacefully. Listing them as terrorist organisations was clearly politicallymotivated. The Court must ensure the right to freedom of association of humanrights organisations and immediately and unconditionally unfreeze their bankaccounts and put an end to all form of harassment at the administrative andjudicial level,” said FIDHPresident Karim Lahidji.

“It isespecially in times of crisis and amidst legitimate security concerns thathuman rights organisations must be able to address potential grievances of theMuslim communities in Kenya. Silencing these voices is violating internationalstandards accepted by Kenya on freedom of association and assembly. This mustend. Importantly it risks exacerbating sentiments in society of the Statetargeting communities - hence gravely damaging the fight against terrorism”,said OMCT Secretary General Gerald Staberock.

Lately, major obstacles to the rightto freedom of association have been reported in Kenya. OnOctober 28, 2015, 957 Kenyan organisations, including the Kenyan Human RightsCommission (KHCR), were announced through the media to be de-registered by theNGO Coordination Board for failing to account for KES 1.2B (approx. 10 millionEuros) should they fail to present audited accounts to the Board. Although ourorganisations welcome the subsequent decision by the Government to suspend theNGO Coordination Board notice, we remain concerned by the Governement’s attempt to muzzlehuman rights through the use of restrictive legislation to legitimise theharassment of human rights defenders and organisations.

Accordingly, the Observatory callsupon authorities in Kenya to ensure the respect of the rights to freedom ofexpression, association and assembly, and to put an end to all form of harassmentagainst Haki Africa, MUHURI and other human rights organisations in Kenya.

TheObservatory for the Protection of Human Rights Defenders (OBS) was created in1997 by FIDH and the World Organisation Against Torture (OMCT). The overallobjective of this programme is to strengthen the action of human rights defenders in defence of victimsand to reduce their isolation and vulnerability. It is also based onthe absolute necessity to establish a systematic response to the repressionthey face.