Kenya: Rights commission recommendations welcomed

NGOs welcome the concluding observations on Kenya adopted by the UN
Human Rights Committee (HRC) and ask for their full and prompt
implementation

Press Release : April 22nd 2005

The NGOs "Centre for Economic and Social Rights" (Hakijamii),
"Coalition on Violence Against Women - Kenya" (COVAW-K), "Federation
of Women Lawyers Kenya" (FIDA Kenya), "Kenya Alliance for Advancement
of Children" (KAACR), "Kenya Section of the International Commission
of Jurists" (ICJ Kenya), "Mainyoito Pastoralist Integrated
Development Organisation" (MPIDO), "The Child Rights Advisory
Documentation and Legal Centre" (The CRADLE) and the "World
Organisation Against Torture" (OMCT) and the Kenya Human Rights
Commission submitted alternative reports on the human rights
situation in Kenya, for the 83rd session of the Human Rights
Committee (HRC) from March 14th to April 1st 2005 in New York. During
this session, the HRC considered Kenya's second periodic report on
the implementation of the rights contained in the International
covenant on civil and political rights (ICCPR), more than 18 years
late. A briefing session, prior to the official session, between
these NGOs and the independent experts of the HRC was organised on
March 14th, during which they presented their alternative reports as
well as their main subjects of concern on the incorporation of
international human rights instruments into domestic law, access to
remedies, right to life, torture, judicial guarantees, detention,
forced evictions and on the situation of women, children and
homosexuals.

The coalition welcomes the recommendations adopted by the HRC and
urges Kenya to "take appropriate measures to incorporate the ICCPR
into domestic law" and "allow its rights to be invoked in domestic
courts". Furthermore, all individuals subject to Kenyan jurisdiction
must have "equal access to judicial and other remedies". In this
regard, Kenya must give priority to its "efforts to combat corruption
in the judiciary and address the need to provide increased resources
to the administration of justice".

The coalition welcomes the HRC's recommendation to urge the Kenyan
authorities to ensure that death penalty is only applied to the "most
serious crimes". Besides, as no one sentenced to capital punishment
has been executed since 1988, Kenya should "ensure that the death
sentences of all those on death row whose final appeals have been
exhausted are commuted" and "consider abolishing de iure the death
penalty and acceding to the Second Optional Protocol to the
Covenant".

With regards to extra-judicial killings perpetrated by police units
(so called "flying squads") or other law enforcement personnel, the
coalition stands by the HRC's request to the Kenyan authorities "to
ensure prompt investigations and prosecution of those held
responsible" and to set up "an independent civilian body to
investigate complaints filed against the police".

Moreover, the Kenyan authorities should "take more effective measures
to prevent abuses of police custody, torture and ill-treatment". They
must ensure that "allegations of torture and similar ill-treatment,
as well as of deaths in custody, are promptly and thoroughly
investigated by an independent body so as to bring perpetrators to
justice", and that "complaint forms are available from a public body
other than the police". High Court judgments in such cases must be
enforced without delay and the law requiring that access to places of
detention be given to the Kenya Human Rights Commission must be
enforced.

Furthermore, the HRC, "continues to be concerned by the situation in
prison and particularly in the areas of sanitation and access to
health care and adequate food ".

The coalition welcomes the HRC's recommendations to ensure that those
accused of the capital offence of murder, like other accused, are
brought before a judge within a reasonable time and to guarantee both
the right of persons in police custody to have access to a lawyer
during the initial hours of detention and throughout the criminal
proceedings.

With regards to forcible evictions, the coalition strongly supports
the HRC's recommendations made to the Kenyan authorities "to develop
transparent policies and procedures for dealing with evictions".

The coalition urges the Kenyan authorities to implement the HRC's
recommendations on the situation of women, in particular to address
the absence of constitutional protection against discrimination, to
adopt effective and concrete measures to combat domestic and sexual
violence, that perpetrators of such violence are prosecuted and that
victims are provided with assistance and protection. Furthermore,
Kenya should increase its efforts to combat the practice of female
genital mutilation (FGM) and address the high maternal mortality rate
by adopting measures that would improve access to family planning
services for all women and by reviewing its abortion laws.

As the HRC recommended, Kenya should adopt specific anti-trafficking
legislation, actively investigate and prosecute trafficking offences
and implement policy for the eradication of trafficking and for the
provision of support to victims of trafficking.

The coalition enjoins the Kenyan authorities to implement the HRC's
recommendations on the situation of children, in particular to raise
the extremely low age for assuming criminal responsibility, which is
currently of 8 years, and to combat and reduce the child labour.

Finally, on the situation of homosexuals, Kenya is urged to repeal
Section 162 of the Penal Code which criminalizes homosexuality, as
recommended by the HRC.

In addition to the conventional obligation to periodically report on
the implementation of the ICCPR, the HRC, asked Kenya to submit
within one year information on the
follow-up given to its recommendations on discrimination against
women, extra-judicial killings perpetrated by police units, police
custody and serious dysfunctions in the
administration of justice.

It is now time to for the Kenyan authorities to fully implement the
recommendations adopted by the HRC in order to comply with the
provisions of the ICCPR. NGOs will
closely monitor the implementation of the HRC's recommendations and
will regularly update treaty bodies on the actions taken by the
Kenyan authorities.

Millie Odhiambo
CRADLE

Caroline Karimi Lintari
COVAW

Joyce Majiwa
FIDA KENYA

Otiende Amollo
ICJ-KENYA

Tim Ekesa
KAACR

Patrick Mutzenberg
World Organisation Against Torture (OMCT)

Odindo Opiata
Centre for Economic and Social Rights

Philip Sironka
MPIDO

Ekitela Lokaale
Kenya Human Rights Commission

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Background information

All States parties to the International covenant on civil and
political rights (ICCPR) are obliged to submit regular reports to the
Human Rights Committee (HRC) on how the
rights are being implemented. States must report initially one year
after acceding to the Covenant and then whenever the Committee
requests (usually every four years). The Committee examines each
report and addresses its concerns and recommendations to the State
party in the form of "concluding observations".

The Human Rights Committee is the body of independent experts that
monitors implementation of the International Covenant on Civil and
Political Rights by its State parties. The Committee meets in Geneva
or New York and normally holds three sessions per year.

For more information:
http://www.ohchr.org/english/bodies/hrc/index.htm
Organisation Mondiale Contre la Torture (OMCT)
World Organisation Against Torture (OMCT)
Organización Mundial Contra la Tortura (OMCT)
8 rue du Vieux-Billard
Case postale 21
CH-1211 Geneve 8
Suisse/Switzerland
Tel. : 0041 22 809 49 39
Fax : 0041 22 809 49 29
E-mail : [email protected]
http://www.omct.org