Voicing concern over restrictions on protests as well as a*****s on judiciary and civil society in the run-up to presidential elections in Kenya, a group of United Nations independent human rights experts called on the Government to honour its obligations and protect the rights of Kenyans.
“It is precisely when political tensions are high that governments should do their utmost to let people express their grievances and to protect their rights,” said the experts in a news release issued by the Office of the UN High Commissioner for Human Rights (OHCHR).
“Kenya is facing a choice. We urge it to choose to uphold its constitution and pursue strengthening of its democracy, to avoid deepening political divisions and exacerbating tensions.”
According to the human rights experts, a pattern of police brutality, excessive use of force, consistent harassment of judges and threats to civil society has been witnessed even before the ban was imposed.
Under the restrictions, protests are forbidden in parts of the nation’s three largest cities – Nairobi, Mombasa and Kisumu – until further notice, protests in other parts of the country require prior police permission and organisers can be held criminally liable for any offence by any participant.
In the news release, experts noted that while some previous protests had been marred by v*****t i*******s, they stressed that response to any v******e must be proportional to the level of threat and that s*************s must prioritize dialogue and non-v*****t means.
The presidential elections are to be held on 26 October.
The rights experts also said that there was currently an alleged climate of impunity for law enforcement officers despite the launching of several investigations, including one into the v******e that followed the 8 August general election, when dozens of people were k****d and many i*****d as a result of police action.
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In particular, they highlighted an i******t on 28 September, when 27 students and staff at the University of Nairobi were reportedly i*****d when police used t******s, beat them with wooden clubs, r****d them and threatened them with s****l v******e.
A few days later, on 2 October, police reportedly used t******s in a nursery in Nyalenda (a suburb of Kisumu) injuring at least three children.
“We call for a prompt, independent and thorough investigation into all a*********s of police brutality,” the experts said, adding: “impunity fosters a culture of v******e and mistrust, the opposite of what Kenya needs as it prepares for a repeat of the presidential elections.”
Further in the release, the experts expressed serious concern over reports of repeated a*****s against individual judges and the judiciary in general and attempts to limit the courts’ role in hearing election-related petitions.
“Robust checks and balances are the prerogative of every democracy,” they said, stressing that the independence of the judiciary must be protected.
They also underscored that the role of the civil society must also be preserved and denounced fake information being circulated online on social media, seeking to denigrate human rights organizations, including members of the Kura Yangu Sauti Yangu initiative which works for free and fair elections.
“This is unacceptable and must immediately stop,” the experts said. “Over the years, we have repeatedly raised concerns with the Government of Kenya about shrinking civil society space and a*****s on individual human rights defenders.”
The UN human rights experts noted above include Michel Forst, the Special Rapporteur on the situation of human rights defenders; Agnes Callamard, the Special Rapporteur on extrajudicial, summary or arbitrary e********s; Diego García-Sayán, the Special Rapporteur on the independence of judges and lawyers; Nils Melzer, the Special Rapporteur on t*****e; and David Kaye, the Special Rapporteur on the right to freedom of opinion and expression.
Special Rapporteurs and independent experts are appointed by the Geneva-based UN Human Rights Council – the highest intergovernmental forum in the UN system on rights issues – to examine and report back on a specific human rights theme or a country situation. The positions are honorary and the experts are not UN staff, nor are they paid for their work.
Story Credit: UN News Centre
