🚀 go-pugleaf

This paper was presented to the consultations with NGO's in Ottawa
March,
2001.
It shows a good summary of what's happening in Kenya. The interpretation
of
will and intention of the Kenyan government is more optimistic/generous
than what we hear from our contacts in Kenya.

We have asked for information on groups in Kenya who have received
grants
from the Canada Fund at the Canadian High Commission during the year
2000.
If any of you have information about any such grants please let us know.

Stuart Marwick.
Kenya Working Group
ICCAF


Canada Department of Foreign Affairs and International Trade (DFAIT)

Human Rights Overview, February 2001



KENYA

ISSUE

The Human Rights situation in Kenya has progressed over the past five
years, but the pace of change remains slow and irregular.

BACKGROUND

As the country is entering the fourth year of what is supposed to be
President Daniel Arap Moi - and possibly the Kenyan African National
Union
Party's (KANU) - second and last mandate, Kenyans are living in a more
open
and just society. However, the country still faces many challenges in
the
area of human rights.

Kenya remains in a state of  worsening political and economic crisis as
the
government continues to stall on its promises of reform that would bring
greater democratization. The possibility of elections in December 2002
as
well as the reform of the constitution will continue to dominate the
political agenda. Both of these issues have the potential to become
explosive as recent violence at several opposition rallies and
by-elections
have attested. The role of the pro-KANU and the partisan role of the
police
has made the situation even more erratic. Tribal loyalties and
prejudices
continue to pervade almost every aspect of Kenyan society and the clans
are
becoming even more present in political violence degenerating into
tribal
clashes.

The IMF and the World Bank, as well as donor states continue to express
concern with the pace of economic reform in the country, particularly
given
the serious setbacks in the fights against corruption. On January 18,
2001,
the IMF announced it would withhold future assistance for Kenya as the
government has failed to implement anti-corruption measures.

The Parliament has shown increasing independence towards the Government
over the past two years, with more and more KANU members voting on
issues
against the wishes of the Government.  This strengthening independence
reflects a stronger willingness on the part of the MPs to exercise their
rights, and appears to be a positive step in the democratic development
of
the parliamentary institution.

The independence of the judiciary also remains suspect. While some
judges
are attempting to prevent the erosion of the legal system, most have
been
appointed for their political leanings and not their competence. The
lack
of objectivity in the decisions and the poor quality of most
investigations
have lead to a proposal for a reform program. There has been no progress
on
the implementation of this reform to date.

Incapable of combatting the rising tide of criminal activity throughout
the
country, the Police have lost their credibility among the population. It
is
reported that large segments of the population suspect that the police
are
involved in criminal gangs, while others consider them to be under the
complete control of the Government's political forces. Political rallies
and demonstrations are routinely broken up by the police and reports
show
that rallies or meetings are far less violent when the police are not
present.




Though there has been a slight decrease in the number of cases over the
past year, torture is still widely practised in Kenya. Although police
no
longer employ torture as an element of state policy anymore, it is still
considered standard procedure to obtain confessions with its practice
for
evidence. There are several NGOs, such as the Kenya Medical Association
and
the Litigation Fund Against Torture (LFAT), working to stop torture and,
in
October 2000, Amnesty International chose to launch its global campaign
against torture in Kenya.

Prison conditions remain deplorable. Although the death penalty is still
imposed, a moratorium on executions is in place since 1986. This has
compounded the problem of overcrowding in prisons as the number of
"death
row inmates" have continued to increase. Overcrowding has exacerbated
violence and several beating deaths remain unexplained.

The Government has committed itself to the establishment of a National
Commission on Human Rights and the Commission Chair is to be appointed
shortly. Though there has been widespread criticism of the appointment
procedure, the Commission is seen as a concrete demonstration of the
Government's commitment to the principles of human rights.

Kenya has a number of functioning domestic NGO's, most notably the
Kenyan
Human Rights Commission. After years of struggle, the Commission has
firmly
established itself as a voice for human rights concerns within Kenya and
recently expanded its mandate to include socio-economic and
environmental
rights.

An Equality Bill, drafted by the Attorney General's Office and the
Federation of Women Lawyers in Kenya, has been introduced into
Parliament
to deal with the gender equality issues that have been up to now
governed
personal and customary law. Its focus is also on helping children,
minorities and the disabled. The Bill prohibits discrimination and
proposes
the formation of an Equality Board which would investigate claims of
discrimination. Although women tend to do most of the labour, they
continue
to live in abject poverty in many areas, especially in single parent
families.  Female Genital Mutilation (FGM) continues in specific
communities and several projects aimed at public awareness of the
procedure
as violence against women have been partially successful in reducing the
practice. There is no provision in the law for eliminating
discrimination
based on sexual orientation or HIV status. Despite an increasing HIV
awareness campaign, open discrimination against HIV positive Kenyans
exists.

Although illegal, Child labour still exists in Kenya. A new legislation
to
combat the problem, the Children's Bill, has been introduced but is
criticized for being weak on enforcement mechanisms.

CANADIAN POSITION

Canada has actively supported parliamentary as well as electoral reform
and
is looking at the possibility of providing support for a national civic
program that would help ingrain democratic principles in civil society.
Canada also give financial assistance to the Federation of Women Lawyers
in
Kenya and to the Women Political Caucus.

INTER-CHURCH COALITION ON AFRICA (ICCAF)

ICCAF is an ecumenical organization involved in research, lobbying, and
advocacy.  To receive a list of publications or learn more about us,
please
contact us at:

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Tel: 416 927 1124 	Fax: 416 927 7554,	E-mail: iccaf@web.net
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