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Binnen Kenia MR.Indd In early 2004, Kenya’s National Rainbow Coalition Government announced mass evictions of residents living on public lands in Nairobi’s informal settlements and elsewhere that were reserved for road construction or considered dangerous, being too close to railways or power lines. Hundreds of thousands of poor Kenyans faced eviction. Some settlement areas, including Raila Village, were actually demolished, with devastating consequences for those evicted. Many national and international organisations protested, calling for the housing rights of the poor to be respected. To its credit, the Government responded by suspending the evictions and promising to provide humane alternatives. However, the relief and enthusiasm felt by the potential evictees and those acting in their interests was soon tempered by contradictory statements from various Government Ministers and the continuing absence of a coherent national policy to prevent forced evictions and ensure adequate resettlement. LISTENING TO THE POOR? In July 2004, at the invitation of Kenyan non-governmental organisations, the Centre on Housing Rights and Evictions (COHRE) conducted a fact-finding mission and met with residents of Nairobi’s informal settlements, the Government of Kenya and other stakeholders. HOUSING RIGHTS IN NAIROBI, This mission report, originally released for consultation on 3 March 2005 and subsequently revised and extended, finds that the Raila Village evictions seriously violated international human rights law and that the proposed evictions elsewhere failed to meet the standards of such law. The report examines the need for substantial protections against forced evictions, calls for immediate recognition of informal settlements as well as measures to provide their residents with basic services, advocates a complete overhaul of slum upgrading programmes, and analyses the need KenyaKenya for effective action to prevent land-grabbing and ensure that there is adequate land for housing the poor — now and in the future. This revised edition, released in April 2006, begins with an update on the Government’s progress towards fully addressing COHRE’s original recommendations. It finds that, although significant progress has made in developing policy, the increased frequency of forced evictions and the Government’s failure to address slum-upgrading and land-allocation issues are serious concerns. Centre on Housing Rights and Evictions (COHRE) The Centre on Housing Rights and Evictions (COHRE) is an independent, international, non-governmental human rights organisation with its International Secretariat in Geneva, Switzerland. COHRE undertakes a wide range of activities to promote the full realisation of housing rights for everyone, everywhere. COHRE opposes and actively campaigns against forced evictions wherever they occur or are planned. It works in all world regions to ensure protection and fulfilment REPORT of the right to adequate housing and related economic, social and cultural rights. COHRE International Secretariat 83 Rue de Montbrillant 1202 Geneva, Switzerland tel: + 41.22.734.1028 fax: + 41.22.733.8336 e-mail: [email protected] www.cohre.org COHRE fact-finding mission to Nairobi, Kenya MISSION Final report, June 2006 LISTENING TO THE POOR? HOUSING RIGHTS IN NAIROBI, KENYA COHRE FACT-FINDING MISSION TO NAIROBI, KENYA Final report, June 2006 Centre on Housing Rights & Evictions (COHRE) COHRE Global Forced Evictions Programme (GFEP) COHRE International Secretariat PostNet Suite 247 83 Rue de Montbrillant Private Bag X9118 1202 Geneva 3200 Pietermaritzburg SWITZERLAND SOUTH AFRICA tel.: +41.22.7341028 tel.: +27.33.3423437 fax: +41.22.7338336 e-mail: [email protected] e-mail: [email protected] web: www.cohre.org COHRE Americas Programme (CAP) Rua Demétrio Ribeiro 990/202 COHRE Housing & Property Restitution Programme (HPRP) 90010-313 Porto Alegre, RS 83 Rue de Montbrillant BRAZIL 1202 Geneva tel./fax: +55.51.32121904 SWITZERLAND e-mail: [email protected] tel.: +41.22.7341028 fax: +41.22.7338336 CAP – US Office e-mail: [email protected] 8 N. 2nd Avenue East Suite 208 COHRE Women & Housing Rights Programme (WHRP) Duluth, MN 55802 Private Mail Bag CT 402 USA Cantoments tel./fax: +1.218.7331370 Accra e-mail: [email protected] (Eng.) GHANA e-mail: [email protected] (Eng. & Span.) tel.: +233.21.238821 fax: +233.21.231688 COHRE Asia & Pacific Programme (CAPP) e-mail: [email protected] (Postal address) PO Box 1160, Collingwood, VIC 3066 COHRE ESC Rights Litigation Programme (LP) (visitors address) 124 Napier Street, 8 N. 2nd Avenue East Fitzroy, VIC 3065 Suite 208 AUSTRALIA Duluth, MN 55802 tel.: +61.3.94177505 USA fax: +61.3.94162746 tel./fax: +1.218.7331370 e-mail: [email protected] e-mail: [email protected] COHRE Africa Programme COHRE Right to Water Programme (RWP) Private Mail Bag CT 402 83 Rue de Montbrillant Cantoments 1202 Geneva Accra SWITZERLAND GHANA tel.: +41.22.7341028 tel.: +233.21.238821 fax: +41.22.7338336 fax: +233.21.231688 e-mail: [email protected] e-mail: [email protected] © Copyright 2006 The Centre on Housing Rights and Evictions (COHRE), Geneva, Switzerland Listening to the Poor? Housing Rights in Nairobi, Kenya (revised edition) ISBN: 92-95004-32-9 All rights reserved Copies are available from COHRE International Secretariat (see contact info. above) The Centre on Housing Rights and Evictions is registered as a not-for-profit organisation in Australia, Brazil, Ghana, The Netherlands, Sri Lanka, Switzerland and the USA. Prepared by: COHRE Africa Programme Fact-Finding Mission Editors: Malcolm Langford, Jean du Plessis (COHRE Africa Programme) & Rob Stuart (COHRE Editor) Contributors: Malcolm Langford, Marie Huchzermeyer, Malick Gaye, Michael Kihato and Alfred Omenya. Opiata Odindo of Hakijamii Trust also contributed to the Update section. Graphic design: Ontwerpburo Suggestie & illusie, Utrecht, www.illusie.nl Printed in The Netherlands by USP bv, Utrecht Photos in Sects. 1, 2, 4, 5 & 6: COHRE fact-finding team. Front cover photo (rally against evictions, Feb. 2004, Nairobi) and photo in Sect. 3: courtesy of Christ the King Catholic Church, Laini Saba, Kibera. Update, March 2006 In the year that has followed the launch of the original version of this report (the ‘Consultation Report’) in March 2005, the Government of Kenya has taken a number of positive steps to address some of the concerns raised by COHRE. However, most of COHRE’s recommendations have not been implemented. Policy initiatives The most positive steps taken by the Government have been policy initiatives. In January 2006, the Ministry of Lands publicly announced its intention to develop guidelines on forced evic- tions through a process of consultative review and formulate a comprehensive legal framework on evictions in Kenya. The Ministry has prepared a draft set of guidelines and commenced con- sulting with stakeholders. As the Government initially promised such guidelines in March 2004, COHRE hopes that this process will be completed and the definitive guidelines issued as soon as possible. Meanwhile, the Ministry of Housing is developing a new Housing Act. To this end, a Draft Housing Bill (2006) has been published and partially discussed by a limited number of stake- holders. COHRE welcomes a number of positive elements in the draft bill, including its first-listed objective – “affirm and facilitate progressive realization of the right to adequate housing” –, the provision for evictions guidelines, and the proposed establishment of a tri- bunal to adjudicate complaints. However, there is no clear provision or system for incremen- tal slum upgrading, and COHRE fears that some aspects of the draft bill may actually hinder slum-upgrading projects. Also, there is no clear indication as to whether the evictions guide- lines will draw on international law. Nonetheless, the dissemination of the draft bill is provid- ing stakeholders with an opportunity to give their input. In March 2005, Kenya’s Attorney General, Hon. Amos Wako, during his appearance before the United Nations Human Rights Committee in New York, stated: … that the Government of Kenya had stopped evictions in Kibera and other informal settlements and that future eviction, if necessary, will be done according to the estab- lished international and United Nations standards on evictions. The Human Rights Committee responded by recommending that: The State party should develop transparent policies and procedures for dealing with evictions and ensure that evictions from settlements do not occur unless those affected have been consulted and appropriate resettlement arrangements have been made. At a conference in October 2005, former Assistant Roads Minister Joshua Toro called for ade- quate compensation for people displaced during road construction, noting that: Compensation for the psychological effects of being moved should also be included. Housing Rights in Kenya 3 Recognition of informal settlements So far, the Government has taken no steps to formally recognise the existence and rights of the residents of informal settlements, particularly in relation to their rights to be protected from forced eviction and to have access to basic services, including water and sanitation, energy, garbage disposal, education and health services. It is hoped that the Government will heed and implement the 1997 recommendation of the official Nairobi Informal Settlements Coordination Committee (NISCC) that: It is imperative that any actions relating to informal settlements in Nairobi are preceded by a clear expression of
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