KENYA: LEAVING NO ONE BEHIND IN THE COVID-19 CRISIS HUMAN RIGHTS IMPACTS IN INDIGENOUS COMMUNITIES December 2020 BACKGROUND Kenya Counties initiative also explored potential community-led resilience and On 12 March 2020, the rst case of COVID-19 was recorded in Kenya. To response measures, and existing good practices. curb the spread of the virus, the Government put in place emergency containment measures including a nationwide dusk to dawn curfew; From 27 July to 31 August 2020, the 49 monitors surveyed 1,334 house- holds in 512 villages, using a smartphone-based questionnaire. During closure of schools, restaurants and businesses; restrictions on gatherings MANDERA TURKANA (including in places of worship); social distancing in public and in this period, monitors also held over 70 focus group discussions with women, youth, older persons, and persons with disabilities. Focus transport; mandatory use of face masks and hand washing in public MARSABIT places. As a result of these restrictions and shutdown of businesses and group discussions were also held with monitors themselves, to probe commercial activity, socio-economic impacts have been severe – particu- their experiences as indigenous human rights defenders, and specic WAJIR experiences as women human rights defenders, during the COVID-19 larly on the informal sector, which employs the majority of Kenyans. In WEST POKOT ELGEYO crisis. Monitors complied with public health regulations while conduct- response, the Government unveiled an economic assistance package to MARAKWET SAMBURU TRANS NZOIA cushion Kenyans against nancial hardships arising from the COVID-19 ISIOLO ing surveys and focus group discussions. BUNGOMA UASIN BARINGO GISHU crisis, including a fund to assist vulnerable groups. BUSIA KAKAMEGA LAIKIPIA NANDI MERU SIAYA VIHIGA RESULTS & FINDINGS KERICHO NYANDARUA KISUMU THARAKA NITHI Yet, the impact of the COVID-19 crisis in marginalised communities NYERI General information KIRINYAGA GARISSA NYAMIRA HOMA BAY NAKURU EMBU outside urban areas was not clear. Initial feedback from indigenous MURANGA KISII BOMET The primary respondents in the household survey were 51% female MIGORI KIAMBU organisations and networks indicated that little information on NAIROBI and 49% male. The average household size was 4.5 people, with a total NAROK COVID-19 prevention and response had reached indigenous communi- MACHAKOS KITUI TANA RIVER surveyed population of 13,872 people across the seven counties. This ties, and misinformation was circulating on the spread and impact of includes 6,334 elderly persons (aged 65 years and above) and 178 COVID-19. Historically, indigenous communities have been marginalised KAJIADO MAKUENI LAMU persons with disabilities (PWDs). and experience deep inequalities in access to health care, water and sanitation, education and other basic services. Thus it was unclear how Persons with disabilities (1.2%) Elderly persons 65 years and above (37%) KILIFI Yes No I don't know Yes No I don't know already marginalised communities would be able to comply with TAITA TAVETA Government directives, or take prevention and self-protection measures. Counties surveyed MOMBASA There were also indications of increasing gender-based violence in Other KWALE indigenous communities. The scoping initiative included 13 indigenous groups, namely the Maasai, For this reason, United Nations Human Rights launched a scoping Sengwer, Pokot, Samburu, Ilchamus, Ogiek, Endorois, Elmolo, Rendille, initiative to document the impact of the COVID-19 crisis on indigenous Yiaku/Yaaku, Wayyu, Daasanach and Turkana. Most of these communities communities and indigenous women who face multiple forms of are recognised as distinct groups in Kenya and most of them were discrimination, as groups that are often left behind or marginalised. This enumerated during the 2019 Kenya Population and Housing Census as initiative is part of engagement to integrate human rights dimensions in distinct ethnic communities. the COVID-19 response in Kenya, focusing on inequalities and leaving no Recognition as a distinct community/group in Kenya one behind. 1 The initiative also built upon existing engagement on 90 Access to information and assistance 80 The vast majority (90%) of respondents had received information on indigenous rights, and on sexual and gender-based violence. 70 60 COVID-19 and preventive measures. In contrast, access to information 50 about the Government’s COVID-19 economic assistance package was METHODOLOGY 40 30 distinctly lower, with 69% of respondents indicating they had not 20 received information. Information was most commonly received United Nations Human Rights partnered with the National Coalition of 10 Human Rights Defenders (Defenders Coalition) and 49 indigenous 0 through radio and television, area administrative chiefs, community Yes No I don’t know human rights defenders, including women human rights defenders, to meetings (barazas), health workers and village elders. The scoping initiative looked at the impact of the COVID-19 crisis on document the human rights dimensions of the COVID-19 crisis for economic, social and cultural rights, civil and political rights, and gender indigenous communities and indigenous women in seven counties None of the respondents reported receiving assistance through the impacts. Through the process of engagement with community members, (Nakuru, Laikipia, Narok, Baringo, Elgeyo-Marakwet, Samburu and Government COVID-19 economic assistance package. Of the house- human rights defenders also provided information on COVID-19, risks and Marsabit). holds surveyed, 20% indicated that they had received food assistance, prevention measures recommended by the Government, and explored predominantly from Government, non-governmental organisations, challenges for prevention and response in indigenous communities. The private companies and faith-based organisations. 1See reports of monitoring of human rights impacts of the COVID-19 crisis in informal settlements, undertaken with the Social Justice Centres Working Group from March to May 2020: https://www.ohchr.org/EN/Countries/AfricaRegion/Pages/KEInfographics.aspx. Page 1 KENYA: LEAVING NO ONE BEHIND IN THE COVID-19 CRISIS HUMAN RIGHTS IMPACTS IN INDIGENOUS COMMUNITIES Consultation and participation members reported being arrested and only released after paying bail or Negative impact on livelihoods The majority of respondents (73%) indicated that they were not consult- 100 bribes. ed on COVID-19 prevention and response within their communities. 80 Female respondents in focus group discussions reported that women are Seven cases of sexual violence by police were reported. In one case, a not included and consulted in public discussions and decisions. Indige- 60 police ocer in Laikipia county reportedly tried to sexually assault two nous women respondents in Laikipia county recounted: teenaged girls after arresting them. The case was reported to police and 40 ‘We were not involved like all other persons in the community. The information on this is currently under investigation. pandemic came to us through the chief and his elders and sometimes. We could see a 20 van roaming around our community with loudspeakers and some people in it talking Despite the reports of police harassment, the police were still the prima- 0 about the pandemic and requesting people to stay indoors.’ ry choice for most respondents to report violations (31%), followed by Yes No I don’t know chiefs (25%). Women respondents in focus group discussions indicated that they had Women from minority indigenous communities, such as the Wayyu in closed their businesses due to nancial constraints, and were struggling Marsabit county, face double discrimination and exclusion from Impacts on community life to meet their needs. One male respondent, who is a livestock trader, decision-making processes. Female respondents from the Wayyu Most respondents (69%) said their lives have been greatly impacted by narrated: community indicated they are not involved in community decision-mak- the range of Government COVID-19 directives and measures. Commu- ‘The families are selling their livestock at throw away prices in the market close to home.’ ing processes on COVID-19 prevention: nity members indicated that COVID-19 has aected customary ways of life. In particular, directives on social distancing and restriction has ‘The community itself has not had any discussion in regards to COVID. Normally our Families who depend on shing for livelihoods lost their entire household constrained traditional ceremonies. Some male respondents reported communities go by the decisions made by the majority tribes. Consultations are done income because they could not access the lake at night, when they usually that they had ceased their interactions as community elders because of mainly between the county government executives and the medical staff but not with sh, due to the curfew. The Wayyu, an indigenous community in Marsabit fears of public gatherings. For those communities who practise a communities. Communities mostly learn from local radio stations, or NGOs holding talk county whose sources of livelihoods are hunting and gathering, and nomadic lifestyle, they have had to cease this due to the curfew and shows and announcements in the village. No consultations are done for and with us.’ charcoal burning, have been severely aected by COVID-19 as they restrictions on movement. Community members have also limited cannot carry out these activities due to Government restrictions