UN Human Rights Review Meeting

Adika meetingImage:Stakeholders posing for a group photo after the review meeting.

Stakeholders from the Coast region, drawn from all coastal counties of Mombasa, Kilifi, Kwale, Lamu, Tana River and Taita Taveta held a meeting to review the Universal Periodic Implementation Matrix 2015 – 2019 on June 29th. The Universal Periodic Review is a peer review mechanism of United Nations Human Rights Council that examines the Human Rights Performance of all United Nations member states. Its goal is to improve Human Rights standards in all countries and it is reviewed once every four years.

The meeting was attended by 30 participants, majority of them were employees of the County Governments while the rest were from the Civil Societies and the academia in the region. Discussions were centered around the issue of Human rights with the Kenya National Commission on Human Rights taking centre-stage. Various human rights related issues emerged from the Coast including; extra-judicial killings, disappearances and radicalization, labour issues and matters in the mining industry especially in Taita-Taveta and Kwale Counties.

Giving the opening remarks, Hon. Mary Ndiga, the Deputy Governor, Taita Taveta County called on all players to protect and uphold Human Rights in their working areas. She reiterated the need for all stakeholders to work closely together in ensuring that human rights are respected.

Ms. Maureen Mwadime of the Commission explained that in order to conduct their work effectively, they have ensured implementation of integrated Public Complaint Mechanism. This is a system which enables referral of cases to different organizations. The system allows an organization which receives a matter that they do not deal with but which can be handled with a sister body, to transfer the same to the alternative agency.

Mr. Rono, also from the Commission led the participants in the discussion of the Universal periodic Review Implementation Matrix where key topics were discussed among them: Legal and institutional reforms, Civil and political rights, Economic, social and cultural rights and Group rights.

He further explained that Kenya was reviewed in January 2015 and as a result, some recommendations were made. Based on the recommendations, the Government developed the implementation matrix 2015-2019 for the next four and a half years to ensure their implementation, especially those accepted by the Government.

Zedekiah Adika.

Kituo Cha Sheria-Mombasa.

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Mandatory anal examinations in Kenya; Outdated and Horrific

Opinion

A Kenyan Court ruled that the use of anal examinations is legal after two men accused of being homosexuals were subjected to the tests. The two men had brought a case to the High Court in Mombasa on Thursday, 16th June 2016 calling for anal examinations on alleged homosexuals to be declared unconstitutional.

“There was no other way evidence could have been obtained “ruled Mombasa Judge Matthew Emukule.

“I find no violation of human dignity, right to privacy and right to freedom of the petitioners”, said the judge.

In the case before the high court in Mombasa, Kenya, two men identified in the petition as C.O.I. and G.M.N., allege that doctors at Mombasa’s Coast General Provincial Hospital, in collaboration with law enforcement officials, violated their rights by subjecting them to forced anal examinations, HIV tests, and other blood tests in February 2015.

Judge Matthew Emukule at the High Court in Mombasa ruled on 16th June 2016 that there were sufficient grounds in Kenyan law for using the examinations to gather medical evidence of crimes including rape and sodomy, which are illegal in the country.

The petitioners have filed an appeal against the judgment.

The Law and Homosexuality.

In Kenya, where homosexuality is criminalized, men suspected of same-sex conduct are subject to non-consensual anal examinations intended to obtain physical evidence of homosexuality, a practice that is essentially medically and forensically worthless and has been dismissed as such in UN Documentation. Both the Independent Forensic Expert Group (IFEG) and the International Rehabilitation Council for Torture Victims have condemned the practise.

Decreased anal sphincter pressure, which is what such exams are looking for, can be caused by a wide range of conditions from chronic constipation and irritable bowel syndrome to Parkinson’s disease. Therefore this form of examination cannot be used as a basis for proving Homosexual sexual relations.

The law provides in sections 162-165 of the Penal Code, that private, consensual homosexual sex between adults or attempts thereof, is punishable with up to 14 years in jail.

However;

Forced anal exams violate the Convention against Torture, the International Covenant on Civil and Political Rights and the African Convention on Human and Peoples’ Rights, all of which are treaties that Kenya has ratified. Additionally, under international law and Kenya’s Sexual Offenses Act, any form of unwanted penetration during the examinations constitutes sexual assault and possibly rape.

The UN Special Rapporteur on Torture states that these exams amount to “torture or ill treatment ’’and may be considered a form of  sexual assault  and rape.

Furthermore, in April 2015, the High Court ruled that sexual orientation is constitutionally protected from discrimination and ordered the NGO Board to register the National Gay and Human Rights Commission.

Whether this law should be repealed remains a matter of public debate. It is important to note that laws were made by the societies they developed in, and not the other way around. Ours is not to berate the law as it stands, but to condemn the application of forced anal examination. It is horrific that such intrusion of another’s person still takes place under the guise of the law.

The very fact that multiple people were allowed to violate another human being in such a manner is unacceptable. The issue here is much larger than an instance of the “pro-gay agenda “as many have wrongfully labelled it. This was clearly a gross human rights violation.

Retrogressive ,homophobic practise

The fact that the Courts have decided to validate this violent practice is woefully unfortunate. It is retrogressive and is indeed a misguided step in the wrong direction. The violation of human dignity in this unfortunate scenario is not a matter of JUST sexuality .It is a matter of one thing all human beings are entitled to inherently by virtue of being human. Those are human rights.

Still, we have noted that the terror, fear and discrimination continues unabated even against the ruling in April, when the High Court was asked to cure the mischief in our laws, to stop pruning the branches of the poisonous tree and simply uproot it all together. The High Court being responsive ruled that sexual orientation is constitutionally protected from discrimination.

By

Samantha Oswago.

LAED-Kituo Cha Sheria

 

 

 

 

 

 

 

Kituo at the Mathare Legal Aid and Human Rights Advocacy (MLAHRA) Youth Forum

MLAHRA 1On June 30th 2016 Kituo joined the Mathare Legal Aid and Human Rights Advocacy (MLAHRA) and the youth of Mathare drawn from Mashimoni, Huruma and Area 3 from 9am to 12pm at the Undugu Vacational Training Center Polytechnic on Juja road for an awareness forum.

MLAHRA organizes monthly public forums geared towards promoting active citizenship with Gibson Maina, an activist and community organizer working in Mathare slum mobilizing around 40 youth leaders from all over Mathare slum who invited Kituo for the June edition. Kituo’s Advocacy, Governance and Community Partnerships coordinator Aimee Ongeso, Maureen Thuo and Ashioya Biko(Kituo Advocates) conducted the day-long training at the forum.mlahra22

Kituo used the forum to educate the participants about the history of Kituo and the work the organization does as well as update them on the status of the Legal Aid Act including aaccreditation of legal aid providers legal advice and assistance by paralegals and persons who may apply for legal aid. The participants also taken through Kituo’s M-Haki– a mobile legal aid platform through which the public can send in legal questions and get a response within 48 hours.The forum present an opportunity to share Kituo’s work with the youth including how we engage with communities together with a Q&A session for legal questions from the participants.

RCKM

Kituo Cha Sheria