Challenges facing Human Rights Defendants

Challenges faced by Human Rights Defendants

Considerations about the security of defenders often begin with physical security – that is, the bodily integrity and liberty of defenders and the security of physical spaces where they live and work. Protection actors who support defenders in their physical security often help them to analyse risks and threats, create security plans and help them to secure their work.

Mental Impact : While recognising the significance of mental health issues amongst defenders and the impact of burnout on the sustainability and resilience of movements, there are concerns that this approach, when pushed upon individuals and groups in isolation, can inadvertently place heavy burdens on defenders. That is, it signals to defenders that not only do they need to adopt practices that keep them safe both physically and in the digital world, they are also expected to be psychologically healthy in the face of overwhelming odds and against cultures of human rights practice.

 

 

Freedom from constant threats – the absence of war, living without fear and violence, freedom of movement, stability, security, smiling children, homes, going for a walk at night unimpeded, etc. 

Economic security – employment, food, social justice, the absence of oppression, etc. Political security – democracy, freedom of thought, freedom of choice, legitimacy, the rule of law, solidarity, the United Nations, etc.

 

Environmental security – eco-friendliness, environmentalism, unpolluted air(tear gases) and water, etc.Activism can come in many different forms. It doesn’t have to be rallies or marches. HRDS according to Kenya National Human Rights Commission encounter daily risks that include; harassment, interference and intimidation by state and non-state actors, insecurity, corruption, lack of adequate resources, discrimination and sexual violence against women HRDs, and interference with the work of HRDs by both government agents and hostile cultural environments.

Health security:recommendation in terms of health protection, accessiblemedicaltreatment.The psycho-social wellbeing of defenders has been greater recognition of the high levels of burnout, fatigue, anxiety, depression, anger and post-traumatic stress disorder amongst human rights defenders, and of the need to address these in security measures.  “Well-being “in action” and “being physically and emotionally healthy”. Inspired by Audre Lorde, it emphasises the importance of self-care “not as a selfish act, but rather as a subversive and political act of self-preservation . 

Injustices:On another end  new  high-level challenges are  emerging disproportionately impacts  many communities, and the youth are forced to face many other injustices: deaths in custody, high rates of youth detention, racism and discrimination, high suicide rates, and poor healthcare,factors make it difficult for HRDs to promote human rights principles, and lack cooperation from police officers and amongst themselves.

The following are the recommendations which this research  proposes to human rights defenders, the government and other stakeholders to take keen consideration on promoting favourable working environment for HRDs in the country;-

• Encourage the law reforms to enable HRDs gain legal recognition and thus become part and parcel of the Law protection program.This will help in bridging the gap between them with the government functionaries a good number of whom perceive defenders negatively.
• International and regional partners, donors, embassies, African and UN bodies should be keen to monitoring human rights situation in  Kenya and intervene especially at this time where violations of human rights and the situation of HRDs generally is quite tense, more so on the election period.
• Good professional and financial status is vital for the safety and security of journalists. Journalists who work professionally and are financially well facilitated face less risk than those who operate unprofessionally and without sufficient resources. We therefore, advice media owners to consider this reality and act accordingly.

 

• The government should ensure that the police force observes, respect and protects the rights of journalists when undertaking their daily duties in the country.The police force should create a criminal system that provides an independent investigation to investigate all cases involving HRD journalists who were killed or assaulted while on duty and those  who need special protection on high interest  cases.
• The government should create a civic space and conducive environment for civil society and human rights defenders to work freely.The government should develop a national policy and law that recognizes and protects human rights NGOs and human rights defenders in Kenya.
• The government should amend some provisions of the current laws such as (Cybercrimes Act, Media Act, 2016), Access to Information, Political Parties Act,The Online Content Regulations and the Statistics Act, 2015 and its Regulations in order to expand civic space and freedom of expression in the country.Subsequently to provide an inclusive environment to the public and other key stakeholders when developing laws regarding media services, access to information and freedom of expression should be provided.

 

• The government should create an environment for civil society and the media to operate in accordance with the rights enshrined in the Constitution of Kenya , International Covenant on Civil and Political Rights (ICCPR) and the UN Declaration on Human Rights Defenders. At a minimum, the following conditions should be ensured: freedom of association; freedom of expression; the right to operate free from unwarranted state interference; the right to seek and secure funding; and the State’s duty to protect.
• The government and international development partners should support the implementation of the National Human Rights Action Plan by allocating sufficient resource  through an independent funding mechanism directly from the Ministry.
• The government should end the culture of impunity for violations against innocent people, journalists and human rights defenders by ensuring that investigations are promptly and impartially conducted, perpetrators are held accountable, and victims obtain appropriate remedies.
• Government leaders should take CSOs sector as a vital link to the community development especially in terms of job creation, economy, welfare and social services, development, human rights and welfare of the democratic country. The NGOs sector should be given respect, protection, recognition and cooperation rather than scorn and isolation even in matters relating to coordination with their registration.
• Relevant authorities should fully investigate all cases of intimidation and attacks against civil society activists and human rights defenders to bring perpetrators to justice and deter similar acts.

Other vital recommendations include:

• Engage more advocates who will be readily available to provide legal aid and protection to HRDs like Sheria Mtaani by Shadrach,Article-19, Kituo Cha Sheria.The is an ultimate need to continue to advocate and act as a voice for the amendment of the laws that have been identified as been a stumbling block towards the work of HRDs in Kenya.
• Utilize the current country’s major legal reform to fight for inclusion of HRDs rights and protection in the Constitution and to educate ourselves more on our rights and responsibilities. That is the only way we will be able to hold our duty bearers to account. Let’s focus less on the people in politics and more on the development agenda.

• Increase protection and emergency funds in order to avoid delays in the provision of services to affected HRDs.

• Conduct thorough media campaigns and change of behavior trainings in areas where HRDs are threatened due to some social cultural issues.