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Kenya National Human Rights Book 2011 EDITED2 THE THIRD ST THE THIRD STATE OF In the world of Human Rights Protection and enforcement, there are few issues as important as monitoring and accountability, hence a report such as this plays a crucial function in providing a snapshot- a bird’s eye view - HUMAN RIGHTS A of the state of human rights in Kenya in 2010. TE OF HUMAN RIGHTS REPOR REPORT Prof. J Oloka-Onyango, Director of the Human Rights & Peace Centre (HURIPEC) and former Dean of Law at Makerere University, Uganda. It is laudable that this report devotes significant attention to economic and social rights. In Kenya public and policy discussions on access to electricity, water, education, food, health and housing are still not sufficiently linked to T - the discourse on human rights. KNCHR will have made an important A Human Rights Assessment of contribution to the promotion of human rights in Kenya if it succeeds in reshaping the discussions on these rights. Dr. Willy Mutunga Senior Counsel, Regional Representative, Eastern Africa Office, A HUMAN RIGHTS ASSESSMENT Ford Foundation. OF KENYA VISION 2030 K January 2008 - June 2010 eny a V ision 2030 Published by Kenya National Commission on Human Rights Ist Floor, CVS Plaza, Lenana Road P. O. Box 74359 - 00200, Nairobi Kenya Tel: +254 020 2717900/08 Fax: +254 020 271616 Email: [email protected] © Kenya National Commission on Human Rights, 2011 The Third State of Human Rights Report A Human Rights Assessment of Kenya Vision 2030 Published by Kenya National Commission on Human Rights P.O. Box 74359 - 00200 Nairobi Kenya. © Kenya National commission on Human Rights, 2011 Excerpts from this report may be reproduced, provided that there is an acknowledgement to the Kenya National Commission on Human Rights THE THIRD STATE OF HUMAN RIGHTS REPORT AA HumanHuman RightsRights AssessmentAssessment OfOf KenyaKenya VisionVision 20302030 JanuaryJanuary 20082008 -- JuneJune 20102010 Kenya National Commission on Human Rights The Third State of Human Rights Report FOREWORD The KNCHR is to be commended for producing its Third State of Human Rights Report. The decision to assess the Kenya government's first Medium Term Plan (MTP) of the Vision 2030 is particularly important. Vision 2030, which now underlies all of the Kenya government's specific policy planning and implementation, has not received sufficient attention from those working on human rights in Kenya. Yet as the basis for the government's own policy commitments, it is a most appropriate basis for assessing whether the government is actually walking the talk. Since its formation in 2003, the KNCHR has taken seriously its mandate of assessing government human rights performance. It has been particularly audible and visible with regard to civil and political rights. It is, therefore, laudable that this Third Report complements that important work by devoting significant attention to economic and social rights. In Kenya, public and policy discussions on access to electricity, water, education, food, water, health and housing are still not sufficiently linked to the discourse on human rights. The KNCHR will have made an important contribution to the promotion of human rights in Kenya if it succeeds in reshaping the discussion on these rights. This is particularly opportune as Kenya has just promulgated a new constitution whose Bill of Rights integrates both the civil, political and economic, social and cultural rights. Now that the country has a progressive Bill of Rights, the next phase in human rights focuses on implementation. From Kenya's experience of post-election violence in December 2007-January 2008, this phase will be most challenging. The KNCHR will provide an important service to Kenyans if it takes up the responsibility of clarifying the issues surrounding the implementation of these newly recognized rights. Moreover, it must continue playing its traditional watchdog role. We also expect to see the KNCHR shining a light on neglected issues of famine, food insecurity, deaths from preventable diseases and extreme poverty among others. These are not just the problems of lack of resources in a poor country or poor financial decisions by individuals or ill luck. They have a basis in political and economic decisions by the government. The work of exposing, naming and shaming violators of human rights must also continue. But groups such as the KNCHR will now be expected to go beyond the naming and shaming and provide government agencies with concrete tools and equip them with the skills to integrate human rights in their policy work. (i) The Third State of Human Rights Report The Third State of Human Rights Report As the first recipient of the KNCHR Milele Lifetime Achievement Award in 2004, I am SECTION 9: PUBLIC AWARENESS/INVOLVEMENT happy to note that the KNCHR has taken the initiative of providing policy advice and Information about service Effectiveness of measures Partners involved in assessment through the publication of this report. It is also important to remember by the ministry or agency taken implementation that the new constitution has also decentralized governance in Kenya. In tandem, human rights agencies must also decentralize their activities to county levels and 17. What measures have 18. How effective were 19. Who did you partner been put in place to raise these measures? with in implementing even further. awareness about the the services rendered by your programs/interventions ministry or agency? in Section 4 above? List Finally, the KNCHR should strengthen its links with communities of Kenyans working any state agencies, to challenge injustices at these local levels. In a nutshell, KNCHR should spearhead private sector and/or the creation of a human rights state and society in Kenya. CSOs you may have partnered with. Dr. Willy Mutunga 1. 1. 1. 2. 2. 2. Senior Counsel, Regional Representative, Eastern Africa Office, Ford Foundation 20. How have members of the public been involved in your interventions? 21. How sustainable are the measures put in place to raise awareness about the services rendered by your ministry or agency as identified in question 17? SECTION 10: MONITORING Question Responses Remarks/explanation 22. Is there a monitoring Yes No plan that you follow in your ministry or agency? 23. Were there any difficulties experienced in monitoring and assessing the provision of you r services? If yes, explain. 24. Describe how your ministry or agency prepared its responses to this protocol and the difficulties experienced SECTION 11: ADDITIONAL INFORMATION 25. Provide any other information relevant to the achievement of your interventions/operations 136 (ii) The Third State of Human Rights Report The Third State of Human Rights Report PREFACE SECTION 7: BUDGETARY MEASURE S the human rights community to make There can be little doubt about the need to expose human rights violations: who sure that the violations of the past are 12. Provide informatio n on the budget allocations as per the table below (includes both internal has been tortured, what is the state of not repeated. and external sources of funding) media freedom in the country, and why Financial Estimated cost of Amounts Provisional Amounts not are our public hospitals so lacklustre in Year Projects (listed Allocated Expenditure spent (Kshs.) respecting and ensuring the realization While reporting violations is an in section 4 (Kshs.) (Kshs.) of the patient's right to the highest important element in the struggle to above) ensure improved respect for human possible standard of mental and physical 2008/2009 health? In the world of human rights rights, the methodology adopted in protection and enforcement, there are reporting them is also crucial. The few issues as important as monitoring approach adopted in this report is novel 2009/2010 and accountability. Hence a report such insofar as it ties the respect for human as this plays a crucial function in rights to the national economic 13. Was the budget adequate? If not, explain. providing a snapshot — a bird's eye view projections outlined in Kenya's Vision 14. What measures were instituted to address budget inadequacy? 15. Was there any over- or under- spending of the total revenue? If so, explain. — of the state of human rights in Kenya 2030. It also employs the three-pillar in 2010. framework which argues that it is necessary to review human rights SE CTION 8: WORKING WITH INTERNATIONAL OBLIGATIONS performance around an Economic, The report attests to the need to keep Social and Political perspective. Finally, QUESTION LISTING OF REMARKS accurate records about human rights INTERNATIONAL the report is also directed towards violations (and what has been done about AGREEMENTS engendering official actions. It is not for them) to ensure not only that those who 16. List any international 1. academic or historical value; it is action- read the report learn from the past but oriented. In this way, the report provides and regional 2. agreements/protocols/tr eaties 3. also that there is no repetition of that a holistic and comprehensive past. Therefore, this report performs the signed by the government 4. foundation on which a thorough-going that your ministry or agency function of providing an essential record assessment of the state of human rights referred to in implementing or indicator of the present state of human in the country can be undertaken, your programs in section 4 rights in present-day Kenya. National coupled with concrete suggestions on above Human Rights Institutions (NHRIs) need to what still needs to be done. give regular and comprehensive reports of the state of human rights in our individual countries, in order ultimately to Nevertheless, the exposure of human raise the bar of human rights protections rights violations per se is clearly in the East African Community (EAC) insufficient. Indeed, many are the region as a whole. reports which gather dust on the For Kenya, recording and reporting on the shelves, or find themselves confined to state of human rights is important in light the dust-heap of history.
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