The Kenyan Government has failed to acknowledge a request for invitation from the UN Special Representative on Human Rights Defenders, Hina Jilani (right). Three years after President Moi lost power, Kenyan human rights defenders continue to be harassed and intimidated. State bodies are the main perpetrators. (01-NOV-05)

Photos of Hina Jilani above and below: Baard B. Lovvig

This was said by Ms Hina Jilani the United Nations Special Representative of the Secretary General on Human Rights Defenders in a special consultative meeting on the situation of human rights defenders in Kenya, which she held with the representatives of human rights organisations from Kenya during the International Conference on Human Rights Defenders held between the 7 ? 10th September 2005 in Baku , Azerbaijan.

Martin and Jilani.jpgKenya Representatives
In the meeting, Kenya?s Human Rights Organisations were represented by Martin Oluoch, the Coordinator, Human Rights House Project and Betty Nyabuto, a lawyer with FIDA Kenya. The meeting was also attended by Ms Maria Dahle, the Executive Director, Human Rights House Foundation of Oslo, Norway and Mr. Niels Jacob Harbitz, The Human Rights House Foundation Project Manager for Africa. (Photo left: Hina Jilani and Martin Oluoch after the meeting)

False hope after 2002 elections
Kenya representatives at the meeting told Ms Hina Jilani, that contrary to the “popular belief” that the coming to power of the NARC government in 2002 heralded a new beginning in the democratic and human rights enjoyment, human rights defenders in Kenya continue to be harassed and intimidated and even brutalised and this has impacted negatively on their work and safety. They added that when the NARC Government came to power, it sought partnership with the civil society in its project of national reconstruction. It has, however, failed to develop and put in place effective mechanisms and structures to protect human rights defenders. Consequently the impunity for threats, attacks and acts of intimidation on human rights defenders still persists. The enforcement of national “security” legislations have been used to criminalize activities protected by the UN declaration on human rights defenders.

riotsForms of harassments and intimidation
The meeting was informed that harassment and intimidation of human rights defenders in Kenya had taken many forms during the last three years. It has ranged from violent disruption of peaceful demonstration, arbitrary arrests of human rights defenders, arraigning of human rights defenders in courts on trumped up charges in courts, beatings and torture by police, arrest and prosecution of journalist under the old repressive laws etc

Emergence of non state actors
Ms Hina Jilani was further told of the emerging dangerous trend in Kenya where human rights defenders are increasingly coming under harassment, intimidation and threats from non state actors like hired thugs and political goons. This is making it difficulty to hold any body accountable for this act of harassments and intimidation. It was, however the position of the Kenyan representatives that the responsibility of the safety and security of human rights defenders and indeed of all Kenyan lies with the Government. The government must therefore be held responsible for any such harassment, intimidation and threats against human rights defenders.

Diminishing funds
The meeting was further told that many civil society organisations were coming under increasing budgetary constraints since the NARC government came to power. This is mainly as a result of a misconception that was held by the donor community after the 2002 general elections. They erroneously held the belief that with the election of the “reform minded” NARC government, there would be no need of a very aggressive human rights campaigns because the previous gross human rights abuses and violations would be things of the past. Consequently, previous funding levels to NGOs dropped significantly and donors began channelling huge amount their funding through government controlled frameworks and institutions. This situation has compromised the capacity of civil societies to do their work and also made them vulnerable to manipulation by the government.

Request for invitation sent to Kenya Government
In response, Hina Jilani noted that the issues raised by the Kenyan delegation were similar to those she has encountered during her visits to many countries all over the world. She made the following critical observations:

Partnership with Government
She emphasised that the civil society, even in the developed democracies must remain a watchdog to the government, and ruled out the issue of partnership between the civil societies and the government. Any such partnership will blind the vision and focus of civil societies and must be avoided at all cost. “The civil society and the government can only collaborate on specific issues of human rights at specific times” she said. She lamented that many civil societies had fallen in to the trap of partnership with government rendering them irrelevant to the discourse of human rights struggle.

Human Rights Defenders.
Hina Jilani, clarified to the meeting the true definition of a human rights defender. The name goes beyond those who work for human rights organisation and includes anybody championing any rights contained in the Universal Declaration of Human Rights. In that context, anybody participating in a peaceful demonstration championing a human rights issue is a human rights defender. . She assured the Kenya delegation that her office would intervene on behalf of human rights defenders persecuted purely of their human rights work. She, however, warned human rights defenders a to avoid being involved in activities that could easily be criminalised and used against them by the government

Donor funding.
Ms Jilani, regretted that many donor organisations had fallen into the trap of many governments in respect to reducing funding to civil societies. ??When a government that looks progressive and democratic comes to power, the donor community drop their guard and embrace it wholesomely?. to the detriment of human rights cause?. She observed. Her office will continue to urge the donors to support civil society irrespective of the rating of the government in power. After all even the developed democracies still require a watch dog ? she emphasised.

Invitation to Kenya Government
Hina Jilani informed the meeting that her office had sent a request to the Kenyan government to give her an invitation to visit the country. The request has not been acknowledged but she was optimistic that the response would be forthcoming soon.