Kenya: Visit of major African human rights mechanisms

Last Update 15 July 2013

In the perspective of the visit, in Kenya, of the African Court on Human and Peoples' Rights (African Court) and the African Commission on Human and Peoples' Rights (ACHPR), FIDH and its member organisation, KHRC, call upon the authorities of Kenya to seize this opportunity to uphold their human rights commitments and obligations, especially by guaranteeing effective access to justice for victims of human rights violations.

Today, the African Court begins a sensitisation mission to Kenya with a view to enhancing human rights protection in this country. FIDH and KHRC consider this visit as a milestone for Kenya to make the declaration under Article 34.6 of the Protocol establishing the African Court, thus enabling individuals and NGOs in Kenya to have direct access to the Court where domestic remedies, in respect of State responsibility for human rights violations, have been exhausted. "Kenya is a State party to the Protocol establishing the African Court since 2004. It is time to guarantee full effectiveness of this critical mechanism. Making the declaration under article 34.6 would undoubtedly strengthen protection against human rights abuses in Kenya and enhance victim's ability to get redress" declared Sheila Muwanga Nabachwa, FIDH Vice President, Ag. Deputy Executive Director (Programs) at the Foundation for Human Rights Initiative (FHRI – Uganda).

FIDH and KHRC further call on Kenyan authorities to seize the opportunity of the Court's visit to fully abide by its decision with respect to the protection of the rights of the Ogiek Community. On March 15, 2013, following a request from the ACHPR, on behalf of the Ogiek Community of the Mau Forest, the African Court ordered Kenya to halt the lifting of restrictions on land transactions in the Mau Forest as they might cause irreparable harm to the Ogiek community. "Kenya has made great strides in establishing frameworks that safeguard community land rights and the overall protection of marginalized communities courtesy of its current Constitution. The provisional measures issued by the African Court in regard to the Ogiek situation are an opportunity for the Kenyan government to demonstrate its willingness to abide by its constitutional obligations and break away from the rhetorical approaches of past administrations", said Atsango Chesoni, KHRC Executive Director.

Access to justice and the fight against impunity must also be at the heart of discussions between Kenyan authorities and the African Commission on Human and Peoples' Rights (ACHPR), which will hold its 14th Extraordinary Session in Kenya, from 20 to 24 July. FIDH and KHRC call on the ACHPR to send clear and public messages on the need for Kenya to ensure access to justice and reparations for victims of the 2007/8 post-election violence, as a mean to meet its obligations under the African Charter on Human and Peoples' Rights and other relevant regional and international instruments, and as a precondition to effective and long-lasting rule of law in this country. The ACHPR should further call for this process to be accompanied by immediate and adequate reforms within the security sector and by measures ensuring that the judiciary remains independent, credible and accountable.

"Whilst the reforms within the judiciary are notable, reforms within other key institutions along the justice chain are lagging behind. It is imperative that these reforms be implemented in equal measure in order to restore public confidence in institutions such as the security agencies and the office of the prosecutor to ensure justice for victims and more importantly guarantee non repetition of the 2007/8 violence. The government should ensure that the mid and low level perpetrators of the 2007/8 violence are prosecuted " added Atsango Chesoni.

Recalling that Kenya has been examined by the ACHPR in 2007, FIDH and KHRC urge the authorities to take all necessary measures required to fully implement the recommendations issued from that session in addition to preparing a subsequent State Report for further examination by the Commission in its upcoming sessions. Our organisations insist in particular on the recommendations calling for the effective fight against sexual and gender-based violence, against corruption, the protection of indigenous populations and refugees, the de jure abolition of the death penalty and the declaration under article 34.6 of the Protocol establishing the African Court. Our organisations further call on Kenya to reiterate its commitment to guarantee human rights defenders' ability to operate in a free and fearless environment and to fully involve civil society organisations in the drafting process of its second periodic report to the Commission that has been due since 2009. FIDH and KHRC further call on the Kenyan authorities to implement the ACHPR's decision with regard to the ancestral land claims of the Endorois Community and issue a status report on the same. Lastly, our organisations urge Kenya to ratify without further delay the African Charter on Democracy, Elections and Governance and the Convention for the Protection and Assistance of Internally Displaced Persons in Africa.

"Kenya will not be able to follow an ostrich policy while the two major regional human rights mechanisms are on its territory. This country, where the African Charter on Human and Peoples' Rights has been adopted, will have no choice but to make clear commitments to abide by its human rights obligations. And this commitments will have no choice but to be followed by concrete actions" declared Mabassa Fall, FIDH Representative to the African Union.