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Best Practices for Supporting Human Rights Defenders
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 word of HRDs by both government agents and hostile cultural environment.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 government, human rights advocates, and other interested parties are advised to give careful thought to creating a favourable working environment for HRDs in the nation by following these recommendationsInternational 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.
- 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.
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