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Forgotten People Revisited T. "Ii N-MI Forgotten People revisited IIiim,u ]ig!it 'rri ii Itr1 I I The forgotten people revisited Human rights abuses in Marsabit and Moyale Districts KENYA HUMAN RIGHTS COMMISSION 2000 KENYA HUMAN RIGHTS COMMISSION The Kenya Human Rights Commission (KHRC) is a non-governmental membership organization founded in 1992. It has an observer status with the Aflican Commission on Human and People's Rights. KHRC is the 1998 winner of the MS International Award, bestowed in Denmark The mission of the Conmussion is to promote, protect and enhance the enjoyment of the human iights of Kenyans. It does this through monitoring, research and documentation of human rights violations. It organizes activist events and undertakes public awareness campaigns on human rights. KHRC is committee to mainstreaming gender in all its programmes and initiatives KI-IRC is committed to the realization of human rights ideals in Kenya by strengthening the human rights movement. KHRC supports social, political, economic and cultural change aimed at enhancing respect for the rule of law, the development of a society that upholds democratic values, a society aware of its rights, and comes to their defence whenever threatened or attacked. STRATEGIC OBJECTIVES KHRC strategic objectives are to . reduce human iights violations in Kenya • strengthen the human Tights movement in Kenya • hold state, institutions and individuals accountable for human iights violations • raise awareness of human rights in Kenya • place Kenya on a truly democratic trajectory BOARD OF DIRECTORS Makau Mutua, Chair Alamin Maznn Njen Kabeben, Vice-chair Mwambi Mwasam Mama Kiai Willy Mutunga, Erecutive Director Helena Kithinji published 2000 Kenya Human Rights Commission P.O. Box 41079, Nairobi, Kenya tel: +2542 574999, 574998, 576066; fax: +2542 574997 email: [email protected] Web: www.hri.cWpartner/khrc ISBN 9966 941 053 Printed in Kenya Cover: Victims of beating by Kenyan security forces, Balessa, May 1999. Photos: Cynthia Salvadoii Contents Acknowledgements v Preface to the 1997 edition vi Preface to the 2000 edition viii Glossary x Introduction: Human rights in Kenyan law 1 The historical background 2 The ethnic composition of northern Kenya 2 The clash of empires 3 The Northern Frontier District of Kenya Colony 5 The impact of independence 7 The Ethiopian empire 9 2 The present infrastructure 12 Roads and communications 12 Medical facilities 15 Veterinary services 21 Schools and education 22 Famine relief 25 The role ofNGOs 28 3 The ethnic structure 36 Minority groups and second-class citizens 36 The Waata 37 The Konso 40 The Bwj 41 The Sakuye 42 The Somajis 42 Ethnic clashes, rustling and banditry 44 Clashes in the Marsabit area 4.5 Clashes in the Moyale area 58 Clashes in the North Hon-area 64 4 The international border and the Oromo factor 74 Traditional migrations for grazing and rituals 75 The Ethiopian army and the Oromo liberation Front 78 A chronolo&y o[incidenLq 80 Openition OLE-Out 103 5 The roles of the Kenya government and the nation's media 115 The government's failure to counter Ethiopian aggression 115 The Horn ofAfrica conflicts 121 111 THE FORGOTTEN PEOPLE REV;ISITED The promotion of ethnic separatism by officials and politicians 123 Failure by the authorities to apprehend criminals and its consequences 128 The spate ofrobberies at SoJolo 129 High ay incidents 133 The Funanyita and Bai/la massacres 139 Human rights abuses by security forces and the administration 141 Torture 141 The use of violence m curbing freedom ofexpression and the right to peaceful assem bly 161 The role ofthe homegirards (Kenya Police Resemists) and Kenya WildirTe Service personnel 164 Poaching by security personnel and go vernment oIJlciJs 155 Misrepresentation in Kenya's media 156 6 Glimmers of light 163 Attempts to enforce law and order 163 Promises to eliminate police brutality 166 Efforts towards reconciliation 167 Appendix: Population statistics 176 Annotated references 178 Index of people 181 Maps (at end) General map of northern Kenya Ethnic groups Colonial boundaries Present provincial boundaries Detailed map of Marsabit area Detailed map of Sololo-Moyale border area Back cover: Roads, airstrips and hospitals (courtesy Survey of Kenya) iv Acknowledgements This report would not have been possible without the input of people who have suffered from violence in northern Kenya. The Kenya Human Rights Commission realizes how difficult it was for these individuals to describe their painful experiences. As this report is an update and revision of the 1997 The Forgotten People, published in 1997 by the Kenya Human Rights Commission, and incorporates much of the same material, the same acknowledgements hold true. That report was written byjeannetteCarneiro, a law student at Northeastern University School of Law in Boston, Massachusetts, and edited by Mama Kiai, Executive Director of KHRC. It was based Oh research byjeannette Carneiro, Timothy Kaberia and Odenda Lumumba of the KHRC, with contributions by Njuguna Mutahi of KHRC, Lynn Muthoni Wanyeki of Inter Press Services and the KHRC monitors in Marsabit. The research and draft for this revised edition was done by Cynthia Salvadori, ethnologist and historian who has been visiting northern Kenya since 1971 and with particular frequency during the past several years. We thank the Marsabit Catholic Diocese for their hospitality and help, and their courageous stand for human rights. Many, many people have contributed the new material but since some would prefer to remain anonymous, rather than singling out the others we will just say a collective thank you. Design and layout are by Helen van .Houten. We are also grateful, again, to the Danish International Agency (DANIDA) for their financial assistance. This report, however, does not necessarily reflect the views of DANIDA. ON Preface to the 1997 edition This report was prompted by the escalation of fatal ethnic clashes and banditry in northern Kenya. In 1995-96, the Kenya Human Rights Commission started getting an increasing number of complaints from northern Kenya yet nothing appeared in the local newspapers. The Commission then received a copy of a memo to the Kenya government written by a prominent young Nairobi lawyer - the late Hussein Sora - which expressed concern about the rising insecurity in the northern districts of Moyale and Marsabit. In his memo, Sora attributed much of the insecurity to cross-border incursions by Ethiopian security forces. In line with the Commission's goal to reach out to neglected regions, this project was launched and research conducted from September to December 1996. The results of our research are shocking. Far from the eyes of the world, the people of Marsabit and Moyale are dying from ethnic violence, local banditry, abuse by the provincial administration and international aggression. Insecurity and humanitarian need in this part of Kenya have reached staggering proportions. A major contributing factor to the state of insecurity is the high frequency of fatal ethnic clashes and violent 'bandit' raids. The violence has become more deadly with the influx of guns from neighbouring war-torn Ethiopia and Somalia. The fighting began in the struggle for land and other economic resources, and has now become retaliatory in nature. Instead of making special efforts to curb the abnormally high level of crime, Kenya government officials, both at the national and local levels, deny the magnitude of the problem and generally fail to intervene. Their standard response is that banditry in the area is 'normal.' But 'normalizing' banditry and making it sound like a necessary vice encourages the spread of crime and results in the unwarranted loss of lives and property. When it has intervened, the Kenya government has abused its power and responsibilities. It has discriminated along ethnic lines in the administration of justice. It has violated the fundamental rights guaranteed to every individual in the Constitution of Kenya and in international human rights law. The Kenya security forces, provincial administration, and even Kenya V PREFACE Wildlife Services game rangers, deny the people their right to life, liberty and security of the person. They routinely and arbitrarily arrest, torture, rape, and make citizens 'disappear'. Freedom of expression, peaceful assembly and the right to a, fair trial have also been seriously curtailed using violent methods. The situation in northern Kenya is further complicated by international aggression from Ethiopian forces. Since 1992, the Ethiopian army has been making incursions into Kenya, abducting, torturing and murdering Kenyans whom they accuse of harboring members of the Oromo Liberation Front, an Ethiopian guerilla movement. The Kenya police have often been forced to cross the border to negotiate the release of abducted Kenyans. According to one police officer, those abducted either 'disappear' or are released only upon the payment of heavy fines. To date, the Kenya government has failed to intervene and make an official protcst to the Ethiopian government. The government has a duty to protect all Kenyans from international aggression regardless of their sex, religion, ethnic group, race or political affiliation. For some reason difficult to discern, the people of northern Kenya seem to be forgotten by their government despite the fact that they supported it strongly in the last elections. By failing in such a basic duty as preserving territorial integrity, the Kenya government has lost its legal and moral authority to govern. It is imperative to the national well being of this country that the rights of' the people are safeguarded. This can only be done through swift intervention by the government. A practical pian for the eradication of local and international aggression in northern Kenya and the protection of human rights must be implemented. We recommend swift and uniform action by the police in curbing the high levels of crime in northern Kenya. We also encourage the formation of an international affairs division to monitor the activities of the police who currently violate the law and infringe on the rights of the people.
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