KNCHR launches advisory on situation of human rights defenders in Kenya
The advisory calls on the government to strengthen law enforcement, review protection mechanisms, and foster stronger partnerships with non-state actors to ensure effective protection and promotion of human rights defenders’ rights.
The Kenya National Commission on Human Rights (KNCHR) has launched an advisory on the situation of human rights defenders in Kenya, recognising their vital role in the country.
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The advisory was unveiled at an event attended by senior figures from various human rights organisations, including Amnesty International Kenya Executive Director Houghton Irungu and Witness Protection Agency Executive Director Jedida Waruhiu.
In the advisory, the Commission revealed that it conducted a comprehensive assessment in 2023 on the environment for human rights defenders. This involved reviewing legislation, policies, documentation, and national data.
"The assessment examined Kenya's efforts to implement the rights outlined in the UN Declaration on Human Rights Defenders," the report stated.
The findings showed that Kenya has yet to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW). This treaty protects migrant workers and their families from exploitation and human rights abuses, regardless of migration status.
The Commission has thus made several recommendations for State organs.
These include ratifying the International Convention for the Protection of All Persons from Enforced Disappearance and fast-tracking the establishment of a multi-agency team on this issue.
The advisory also called on the Ministry of Foreign and Diaspora Affairs and the Attorney General to facilitate a visit by the UN Special Rapporteur on human rights.
Additionally, the Commission urged the government to fully implement the African Court on Human and Peoples’ Rights decision concerning the Ogiek community.
The Commission further asked Parliament to enact public participation legislation and the Attorney General’s Office to develop a human rights due diligence framework for businesses to ensure they protect and promote human rights.
At the same time, the Independent Policing Oversight Authority (IPOA) and the Office of the Director of Public Prosecutions (ODPP) have been urged to investigate and prosecute all misconduct cases by law enforcement officers against human rights defenders.
"There should be an infusion of human rights and fundamental freedoms in the training curriculum for military personnel," the advisory added.
According to KNCHR, the government must "strengthen the enforcement of existing laws, undertake a comprehensive review of current protection mechanisms for human rights defenders, and foster stronger partnerships between State and non-State actors to ensure the effective promotion and protection of the rights of human rights defenders."
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