KNCHR: Police lead in violations against human rights defenders

Police officers have been singled out as the biggest offenders of human rights.

The Kenya National Commission on Human Rights (KNCHR) reported that the officers account for majority of the harmful acts against human rights defenders (HRDs).

The government was also faulted for its failure to ratify international laws on human rights.

This came out during the release of an advisory on the situation of HRDs, which noted an increase in cases of violations including killings, kidnappings, enforced disappearances, arbitrary detention and torture.

“The operating environment of human rights defenders in the country is not good. We have seen even when there are demonstrations, the way they are handled,” said CEO Benard Mogesa.

While the National Police Service are mandated to protect HRDs, Dr Mogesa said this was not the case.

“But we have seen the excessive use of force when it comes to dealing with HRDs in the country. And many of them sometimes are taken to court and they are released because there is no evidence of any criminal act. They go through these only for expressing violations of human rights,” he added.

KNCHR reported that eight HRDs were killed between 2020 and 2022. Two were forcefully disappeared in 2020 and 144 others detained arbitrarily.

Out of all the harmful acts, the commission reported that State actors perpetrated 136, and no one was convicted.

“It is noteworthy that there was no data captured on kidnappings and torture, which could reflect gaps in the monitoring and documentation of such cases," says the advisory.

According to the report, the HRDs affected by the violations are in environment and lands (5), business and human rights (12), civic and political rights (77), LGBTQI (14), labour rights (18) and economic, social and cultural rights (28).

The advisory lays out recommendations for various government agencies and ministries, including the Ministry of Interior, National Assembly, Office of the Ombudsman, and the Attorney General, and has been submitted to the National Assembly and the Senate for consideration.

Among the recommendations are the ratification of international laws on human rights, granting access to Kenya for UN special rapporteurs on HRDs, and formulation of a national law on recognition and protection human rights defenders. [Jacinta Mutura]

“It also baffles us why the government is not clear in allowing the Special Rapporteur for a visit. Special Rapporteurs on Rights to Health have demonstrated interest to visit Kenya but have not been granted,” said the CEO.

Other key recommendations by the commission include fast-tracking the establishment and operationalisation of the multi-agency team on criminalisation of enforced disappearance, Operationalisation of the Coroner Service Act, 201.

The commission also recommended for infusion of human rights and fundamental freedoms in the training curriculum for military personnel, and a review of the training curriculum of law enforcement officers to incorporate aspects of human rights of vulnerable groups.

The CEO stated that the advisory seeks to expand the space under which human rights defenders operate by tackling the challenges they face in their environment.

“The policy will ensure recognition and protection of human rights defenders and their families, formulate working relations with other government agencies and how they can get resources,” said Mogesa.

Some of the international laws KNCHR recommended for ratification include the International Convention for the Protection of All Persons from Enforced Disappearances (ICPPED), the International Convention on the Protection of the Rights of All Migrant Workers sand Members of their Families (ICRMW).

The optional protocols the commission said Kenyan government has evaded to ratify include the Internationals Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Discrimination Against Women and Convention Against Torture.

“Kenya, being a member of the Human Rights Council, should be able to demonstrate that indeed locally they are dealing with the human rights issues,” said Mogesa.

On failure to ratify the optional protocols, the CEO noted that it is a common scenario within the African region.

“Optional protocols give the citizens a chance to raise their human rights concerns and violations at a different arena, when the local mechanisms have not addressed them to the satisfaction of those citizens”

“I don't know whether they fear the numbers of the cases that may go outside the country and probably cause an embarrassment to the country,” said Mogesa.

The CEO of the Commission on Administrative Justice Mercy Wambua took issue with the rampant cases of public institutions denying HRDs access to information.

The advisory was submitted to the Senate and the National Assembly for consideration.