Kenya: Call for action to stop violence by addressing violations of economic, social and cultural rights

KENYA: GROSSVIOLATIONS OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS

ARE THE ROOT CAUSES OFVIOLENCE AND CONFLICT
Based on theconviction that torture and cruel, inhuman and degrading treatment orpunishment and otherforms of violence are related in many ways to – and are often directly causedby disrespect for economic, social and cultural rights, the Centre for MinorityRights Development (CEMIRIDE), the International Commission of Jurists-KenyaSection (ICJ-Kenya), and the World Organization Against Torture (OMCT) cametogether to emphasize the strong link between the denial or the violation ofeconomic, social and cultural rights and various forms of violence, including tortureand other forms of cruel, inhuman or degrading treatment or punishment thatemanate, in Kenya, from this denial.

Following afield mission - carried out by OMCT and organised by ICJ-Kenya and CEMIRIDE- and upon visiting a range ofurban and rural marginalised communities, including the Maasai, the Ogiek, the Endorois,the Ilchamus, and residents of Nairobi’s informal settlements - it became clearthat the denial of economic, social and cultural rights has createdinequalities characterized by exclusion from social benefits, exclusion fromthe distribution of resources, and situations whereby people are living on themargins of society with adverse effects caused by opinions and decisions ofKenya’s economic and political establishment. Inadequate standards of livingnot only cut off poor people from decision-making platforms and work againstthem in the realization of their potential, they also inarguably perpetrateviolence, including torture and other cruel, inhuman and degrading treatment.

We wish todraw the attention to the fact that Kenya’s poor, marginalized and minoritiesare vulnerable groups that are often the first and most numerous victims ofviolence. Land is a critical and complex issue in the country. The ownership -or lack of ownership - of land has subjected many a population to violence,conflict, poverty or even to a life characterized by psychological torture andfear for their lives. The politicization of this resource has worked to thedetriment of Kenya’s population, especially women, children, the urban poor,and minority and indigenous communities.

According toArticle 1 (2) of the International Covenant on Economic, Social and CulturalRights, all peoples may for their own ends freely dispose of their naturalwealth and resources. The abuse of this right has seen most communities inKenya being excluded from the proceeds of the natural resources that are foundwithin the territories they occupy. Many local communities face imminenteviction, frequently by violent means, from the land they occupy to pave wayfor mining or other economic development activities, without any adequateschemes for their resettlement or for benefit sharing.

The fulfilment of economic, social andcultural rights has to do with the establishment, not only of policies andother frameworks, but also of infrastructure that permits the implementation ofthese rights. The continued discrimination and marginalization suffered bycertain regions in the country - especially the Northern frontier districts ofKenya – which are mainly inhabited by pastoralist communities subjects thepopulation to the effects of poor or inexistent physical infrastructure,inadequate education and health facilities, lack of basic resources like water,and the underdevelopment of land. Competition for scarce resources has inevitablyled to the escalation of cattle raids, tribal, inter-community, and other formsof conflicts in the region.

Insecurityand violence is also a frequent feature of life in informal settlements ofKenya’s urban centres, where economic, social and cultural rights, includingthe rights to adequate housing, education and health are frequentlycompromised. A consistent message to emerge from our meetings from ourcommunity fora in Nairobi was that there is an alarming trend toward thecriminalization of the urban poor, exacerbated by widespread police corruption.These same communities are frequently the victims of arbitrary police actionsand violent evictions.

Despite theaforementioned conditions, not enough has been done by the Kenyan State to considerfully and systematically the causal links between the failure to respecteconomic, social and cultural rights, and the resulting poverty, inequality,discrimination and violence. We encourage the Committee to urge the Governmentof Kenya to take into consideration these important causal links whenimplementing the Committee’s recommendations. In addition, we encourage theCommittee on Economic Social and Cultural Rights to make recommendations thatwill not only promote the enjoyment of economic, social and cultural rights forall Kenyans, including the poorest and most marginalised, but also free themfrom the violence that is so often present in their lives.

[1] Based on informationsubmitted to the Committee on Economic, Social and Cultural Rights by OMCT,CEMIRIDE and ICJ-Kenya