Elections make a fundamental contribution to democratic governance by enabling the participation of voters to select leaders to represent them within the government and ensures the responsiveness of democratic governments to the will of the people. Elections also reinforce the stability and legitimacy of the political community thus facilitating social and political integration. Participation in an election serves to underpin the rights of citizens to have their voices heard. However, this is not always attained as restrictions may be initiated to limit fundamental rights that deny citizens a free, fair, credible and peaceful election.
Election monitors and observers play an important role in enhancing the transparency and credibility of elections and democratic governance. Human Rights Defenders (that include election monitors, observers, journalists and other civil society actors) continue to be at the forefront in advancing the civil and political rights of citizens by safeguarding the right of citizens to participate in the conduct of public affairs, to vote and to be elected and access public services.
Get more information in the booklet: NCHRD-K Elections Monitoring Interim Report
A WORD FROM THE EXECUTIVE DIRECTOR, Kamau Ngugi
Every year, the National Coalition of Human Rights Defenders – Kenya joins with local and global partners to celebrate the International Human Rights Day to commemorate the United Nations General Assembly adoption of the Universal Declaration of Human Rights. A 1950 resolution (423 (V)) invited all States and interested organizations to observe 10 December of each year as Human Rights Day. The theme of International Human Rights Day 2016 was very special. It called on everyone to ‘stand up for someone’s rights today!’ This is an invitation to every individual to be a human rights defender. It is an affirmation of the critical role that human rights defenders play in the society.
Human rights defenders and Civil Societies Organizations throughout the world defend the rights of others every day at great personal costs. Being the leading human rights defenders support organization in Kenya, the National Coalition of Human Rights Defenders- Kenya (NCHRD-K) has documented stories of success of individuals and the civil society sector in the promotion and protection of human rights, but also the grim reality of repression, intimidation, physical injury, and death that are lived experiences of persons that have committed to work towards the promotion and protection of human rights and fundamental freedoms for all.
The kidnap, gruesome torture and eventual murder of human rights defender, lawyer Willy Kimani together with his client, Josephat Mwenda and taxi driver Joseph Muiruri by Administration Police officers based in Mavoko (Machakos County) in June 2016 was a chilling reminder of the risks that individuals and groups in society were faced with because of pursuing justice and defending their own and other people’s rights and fundamental freedoms. Unfortunately, this is only among the few cases that are publicized. Annually, we receive hundreds of cases where individuals that spearhead the defense of human rights at national and community level are persecuted by state and private actors.
The advocacy around the Mavoko 3 case, as is popularly known, also served as reminder to the Government that its citizens were determined to stand up to defend human rights and the constitution. There were nation-wide public protests, work boycott and collective anger demonstrated against the heinous killing that forced the state to grudgingly investigate the murders, leading to the arrest and arraignment in court of the murder suspects. This is a rare act where police conduct investigations on crime committed by a colleague. Past incidents where HRDs have lost their lives and security forces were implicated have remained inconclusive.
The relationship between HRDs and CSOs actors on the one hand and the government on the other remains tense. There was increased legal and administrative restrictions as the state failed to operationalize the Public Benefits Organisation Act (2013) but was keen to introduce retrogressive amendments to limit foreign funding to CSOs; enacted media laws (Media Council Act (2013) and Kenya Information and Communication Amendment Act (2013)) that limit media freedom through punitive fines; and enactment of Security Law (Amendment) Act (2014) that affect the realization of fundamental human rights, including the right to privacy. There has been a worrying rise in the criminalization of CSOs through propaganda and smear campaigns that characterized CSOs as unaccountable, engaged in money laundering or supportive of terrorism act, allegations that were not proven in a court of law. Additionally, there were reported cases of physical attacks, threats, arbitrary arrest and malicious prosecutions of vocal HRDs.
While such acts were bent on harassment and intimidation of HRDs, their families and citizens at large, the commitment and resilience of HRDs remained firm. With support from NCHRD-K, HRDs developed very innovative programmes that successfully supported access to justice, protection of the marginalized groups, actively challenged impunity and ensured accountability for perpetrators. A collaborative project with the Office of the High Commissioner on Human Rights documented and profiled, through film, social media and website, the successful work of human rights defenders that has touched the lives of many people at every corner of the country; while a search for the recipients of Human Rights Defender of the Year Award 2016 that was conducted by the Working Group on Human Rights Defenders in Kenya affirmed how HRDs have overcome difficulties and sacrificed a lot to ensure that their communities were safe, and that human rights are promoted and protected at the grass root.
The NCHRD-K commits to remain innovative, support and coordinate collaboration among partners and to increase its presence at the community level. As highlighted in our Strategic Plan we will focus on building and strengthening community based protection and support networks. Our goal is to support existing networks to advance human rights defenders issues at county level, enhance their capacities to manage their security, document violations, and actively engage in joint advocacy.
The NCHRD-K has successfully offered timely intervention to HRDs at risk, coordinated joint CSO action to push back and reclaim operating spaces, build support network for HRDs at national and global level and has enhanced skills levels for HRDs in security management and documentation of violations. Our work has relied on strong and dependable network of human rights defenders, efforts of our partners, commitment of our staff and board members and the support of our funders that offered Core funding, Project funding or joint project implementation that has ensured holistic intervention for the realization of our Vision – human rights defenders working and living in a safe, secure and conducive environment.
Access the full report here: https://wp.me/aagr4K-La
Inside Communications Surveillance and Counterterrorism in Kenya Executive Summary
This investigation focuses on the techniques, tools and culture of Kenyan police and intelligence agencies’ communications surveillance practices. It focuses primarily on the use of surveillance for counterterrorism operations. It contrasts the ction and reality of how communications content and data is intercepted and how communications data is fed into the cycle of arrests, torture and disappearances.
Communications surveillance is being carried out by Kenyan state actors, essentially without oversight, outside of the procedures required by Kenyan laws. Intercepted communications content and data are used to facilitate gross human rights abuses, to spy on, pro le, locate, track – and ultimately arrest, torture, kill or disappear suspects, as this report documents. The Kenyan constitution guarantees freedom from torture, cruel, inhuman and degrading treatment and the right to a fair trial as fundamental rights.
These abuses have marred Kenya’s counterterrorism operations and further eroded Kenyans’ already weak trust in the agencies responsible for protecting them. This investigation also explores the potential impact of unaccountable communications surveillance on the upcoming 2017 election cycle.
The National Intelligence Service (NIS) regularly shares information with police agencies, some of whom have been engaged in gross human rights abuses, according to multiple independent media, civil society and Kenya National Commission on Human Rights (KNHCR) investigations. The NIS appears to have direct access to communication networks across Kenya. This direct access means that the network operator itself has little to no knowledge of the interception of communications occurring on its network, and therefore no real ability to check these powers or report potentially abusive use of communications surveillance powers. The role of the Communications Authority in facilitating direct access in Kenya requires more scrutiny. All responses to Privacy International’s requests for comment are included in the text.
Particularly in an election year, there is a pressing need to begin to reform the practice of communications surveillance, preventing a future threat of greater abuse.
Read the whole report here: http://nchrdk.org/wp-content/uploads/2018/03/Track-Capture-Kill-Kenya.pdf