DONATE NOW

Category Page: Blog

HRD Awards 2017 in Pictures

 

 

Communique: Annual Jurists Conference

2017 ANNUAL JURISTS CONFERENCE COMMUNIQUE

  1. The Kenyan Section of the International Commission of Jurists (ICJ Kenya) in partnership with Konrad Adenauer Stiftung (KAS), ICJ Africa, International Centre for Transitional Justice (ICTJ), Kenya National Commission on Human Rights (KNCHR), Kenyans for Peace with Truth and Justice (KPTJ) and the Kenya Human Rights Commission (KHRC) held its 19th Annual Jurists Conference (AJC) in Mombasa, Kenya from 21st -25th, November 2017.
  2. The Conference brought together participants from across the societal divide, including representatives of State agencies, civil society organisations and professionals within and without the Republic of Kenya. The main objective of the conference was to deliberate and contribute to the discourse on emerging rule of law, human rights and justice trends affecting the Continent.
  3. As such, the theme of the Conference “State of Human Rights in Africa: Bridging the Gap between Aspirations, Implementation and Enforcement” reflected the Jurists’ continuing efforts geared towards transforming the various fundamental human rights, freedoms and liberties contained in legal instruments into liveable realities for the African people. The theme was explored from different perspectives and this gave rise to a range of recommendations, which are expected to inform the action points going forward into the coming year.
  4. The areas covered included:
    •   An Institutional Approach to understanding the Human Rights Protection Frameworks

      in Africa;

    •   Level of Implementation and Enforcement of Human Rights in Africa;
    •   Judicial Enforcement of Human Rights Standards at the National Level;
    •   Promotion and protection of Human Rights through Regional Economic Communities

      Courts;

    •   The African Human Rights System and Atrocity/Transnational Crimes; and
    •   The African Human Rights System and Electoral Governance in Africa.
  5. On the basis of extensive and highly interactive deliberations guided by moderators and thematic experts for each panel, the participants adopted the following resolutions:

A. To African Heads of States

The Jurists note with great concern the rampant and systemic non-compliance with state reporting obligations and compliance with recommendations and decisions of the African Commission and the African Court. The jurists are also concerned that few African States have deposited Article 34(6) declarations allowing NGOs and individuals to present communications before the African Court and acknowledging the need to strengthen the follow up mechanisms of these bodies and the pivotal complementary role that the regional mechanism plays in securing human rights in Africa. It was further noted that the culture of non-conformity is a practice also reflected in the decisions of the sub-regional and national judicial and non-judicial mechanisms. In this regard:

  1. We call on State parties to domesticate and operationalize international and regional legal frameworks nationally by establishing national institutions and processes to provide specific channels of responsibility and facilitate internalization by changing conduct based on acceptance of international norms.
  1. We call on State parties that have not already done so, to deposit declarations under article 34(6) of the Protocol of the African Charter on Human and Peoples Rights on the Establishment of the African Court on Human and Peoples Rights, to allow individuals and NGOs with Observer Status to lodge communications before the Court should do the same.
  2. We call on State parties to comply with treaty obligations and resolutions and as such, fully implement measures necessary for realisation of the fundamental human rights, freedoms and liberties. This involves committing to adequate resources to the human rights institutions, respecting their independence, strengthening their mandate, enhancing effective coordination and cooperation among regional and municipal bodies to enable implementation and enforcement of human rights decisions and exploring strategies to overcome negative cultural practices and taboos that hinder the realization of human rights, freedoms and liberties.
  3. We call on African governments to establish measures aimed at alleviating poverty in order to realise the social economic rights of their citizens.

B. To the African Union/African Commission

i. We call upon the African Union/African Commission to streamline state reporting procedures given the heavy burden on States to write reports on compliance with African Charter, Maputo Protocol and the African Charter on the Rights and Welfare of the Child every two/three years.

ii. We call on the African Union to explore avenues for collaboration with different institutions to facilitate complimentary enforcement of human rights and promote institutional synergy among various bodies within the continent. This can be achieved by upholding court orders, respecting judicial independence, developing guidelines to make State reporting effective and according political support to the national and regional courts

C. Regional and National Courts

We recognize the fundamental importance of judicial independence in safeguarding rights and sustaining democracy and rule of law in the continent. As such we are alarmed at the persistent executive interference/or attempted undermining of such independence in some judiciaries.

We therefore call on the regional and national courts to:

  •   Furnish effective and creative remedies that are meaningful and enforceable in order to

    enhance the promotion of human rights;

  •   Put in place measures to fast track case management;
  •   Harmonize emerging jurisprudence around human rights in the continent;
  •   Hold public officers personally liable for disobedience of court orders;
  •   Invoke universal jurisdiction in cases where such is appropriate; and
  •   Establish into partnerships with other institutions to assist in the implementation and

    enforcement of human rights.

D. As Jurists and Civil Society

As jurists and Civil Society Organisations, we are deeply concerned about the growing trends of police brutality, torture and extrajudicial killing and regime policing. State machinery (police) has increasingly been used to intimidate and harass citizens and to silencing dissident voices, resulting into grave human rights violations. We also note the centrality of free and fair elections in securing good governance of the African people, we are concerned about the electoral violence and malpractices across the region. In this regard:

  1.  We shall join efforts with Civil Society Organisations across the region to monitor, document and audit level of compliance and implementation of decisions/recommendations of Treaty Body Mechanisms.
  1. We shall strengthen our engagement with Parliamentary committees on state compliance i.e. implementation of decision of African Court on Human and Peoples Rights, the African Commission, African Committee of Experts on Rights and Welfare of the Child as well as Concluding Observations and letters of appeal.
  2. TogetherwithCivilSocietyOrganisations,weshallcontinuetosensitizetheAfricanpeopleon the African Charter and other regional human rights instruments, the importance of respecting human rights and the need to hold the government accountable.
  3. We shall explore areas for public interest litigation in human rights and take up cases in the field of transnational crimes such as terrorism, money laundering, transfer pricing and other forms of illicit financial transfers.
  4. We shall strengthen our utilization of inquest/inquiries and private prosecutions as a means to seek accountability for extra-judicial executions, use of excessive force.
  5. We shall continue to explore and advocate for new areas in human rights such as the right to clean air, water et cetera in line with global agreements, and Sustainable Development Goals.
  6. We shall continue to impress upon governments to respect the independence of the Judiciary as well as other constitutional bodies as a measure of inculcating confidence between the citizens and government institutions.
  7. We shall lead a structured dialogues on electoral reforms in a manner that is open, truthful and gainful to African citizens. In Kenya, we shall revisit the Kriegler Report to help shape ongoing discussions on the root cause of the failure to conduct free, fair and credible elections among other election issues identified in the report. We shall also analyse the current judgments and emerging jurisprudence on election petitions, and use them as a platform for identifying emerging issues and making appropriate recommendations for future reference.
  8. We shall draw lessons from best practices and the experiences of other countries on how to deal with elections in terms of civic education, resolving conflicts and carrying out peaceful demonstrations.

E. To Africa’s Citizens

As jurists, we recognize the centrality of a vibrant citizenry and public participation in ensuring accountability and bolstering good governance across nations; we implore on the citizenry to:

  1. Continuously demand for transparent, accountable and responsible leadership by African

    governments.

  2. Actively take part in decision-making processes to ensure effective public oversight, social inclusivity and respect for diversity.
  3. Champion equitable distribution of State resources and repudiate intolerance, discrimination and misuse of these resources.

Developed at the Serena Beach Hotel in Mombasa, Kenya on November 24, 2017

Election Monitoring Report on The Situation of HRDs, Election Monitors and Journalists During the 2017 Elections in Kenya

Election Monitoring Report NCHRD-K

Ngao Yetu: Digital Security with Usable Tools

We are incredibly excited to invite you to apply to Ngao Yetu: Digital Security with Usable Tools, a unique masterclass for current and upcoming digital security trainers working with human rights defenders in East Africa. Ngao Yetu combines two back-to-back workshops: a User Experience (UX) training facilitated by a UX expert followed by an advanced digital security training of trainers facilitated by DefendersTech. Read on below for more information on both parts of the program.

Ngao Yetu is open to tech-savvy human rights defenders, digital security trainers, and technologists working with human rights defenders in Uganda, Burundi, Rwanda, Tanzania, Kenya, Somalia, Djibouti, Sudan, South Sudan, and Ethiopia.

The program takes place in Nairobi and runs from September 27th to October 5th 2017 so make sure you can block off all of those 9 days and are able travel to Kenya for this intense knowledge-packed session. Be prepared to complete some pre-workshop assignments as well over the coming weeks. Ready to apply? APPLY NOW! Application closes September 10th.

DefendersTech is a project of DefendDefenders (the East and Horn of Africa Human Rights Defenders Project). It aims to empower human rights defenders to unlock the potentials of technology while staying secure, effective, and innovation. The UX Workshop is a collaboration with Internews as part of their USABLE project.

What is in Ngao Yetu: Digital Security with Usable Tools?

Digital Safety Training of Trainers

There is an increased barrage of digital risks, threats and attacks against human rights defenders and independent media practitioners. Risk assessment and defense against threats in this area is not always intuitive even for otherwise technologically proficient human rights defenders. Therefore, there is need to create a pool of digital safety trainers and practitioner within the East and Horn of Africa region to raise awareness, impart skills and respond to threats when they emerge.

The digital safety training of trainers will explore digital risk assessment, protection of data, devices security, account lock-down, and communications privacy. In addition, there will be a session on training skills, elaborating how to share digital safety information effectively with communities who need your skills.

UX Workshop

Attendees will participate in a 4-day User Experience Workshop tailored to digital security trainers under Internews’ human-centered security project, USABLE (https://usable.tools). The goal of the workshop is to empower and enhance digital security trainers’ understanding of the specific usability roadblocks tool developers face in the design and deployment of their products, while also equipping trainers to better collect and gather important feedback from high-risk communities they work with. The project aims to improve the usability of critical open source security and privacy tools used by high-risk groups around the world, in order to scale adoption of good information security practices.

The 4-day workshop will be co-facilitated with a regional digital security trainer and User Experience expert, who will walk us through the biggest challenges open source developers face in creating usable and useful products for vulnerable communities, and will facilitate discussion on how we can improve feedback on changing threats and constraints when it comes to learning new technologies for different groups.

After the workshop, we will be opening up a regional pool of funding for trainers to apply the new skills they’ve learned and jump-start this critical feedback mechanism. Feedback will be collected in a number of areas like user-interface or work flow hurdles which are causing low adoption to changing threats or operating environments.

Who are we looking for?

We are looking for tech-capable human rights defenders and journalists who have attended a digital security training before, have conducted digital security trainings themselves, or who work within the ICT/IT department within their organizations. Applicants must have strong computer and/or digital security skills.

Participant must be willing to carry out digital safety training and UX Workshops after attending the training-workshop

 How do I apply?

Ngao Yetu will take place in Nairobi from September 27th to October 5th. Make sure you can be available for those days including a travel days. Program activities will be held in English.

Ready? Apply online HERE before September 10th 2017. In case of any questions please write to us at ict@defenddefenders.org

HRDs AND JOURNALISTS SITUATION LEADING UP TO THE 2017 GENERAL ELECTIONS

PREFACE

Elections make a fundamental contribution to democratic governance by enabling the participation of voters to select leaders to represent them within the government and ensures the responsiveness of democratic governments to the will of the people. Elections also reinforce the stability and legitimacy of the political community thus facilitating social and political integration. Participation in an election serves to underpin the rights of citizens to have their voices heard. However, this is not always attained as restrictions may be initiated to limit fundamental rights that deny citizens a free, fair, credible and peaceful election.

Election monitors and observers play an important role in enhancing the transparency and credibility of elections and democratic governance. Human Rights Defenders (that include election monitors, observers, journalists and other civil society actors) continue to be at the forefront in advancing the civil and political rights of citizens by safeguarding the right of citizens to participate in the conduct of public affairs, to vote and to be elected and access public services.

Get more information in the booklet: NCHRD-K Elections Monitoring Interim Report

Resolution on the Situation of Human Rights Defenders in Africa – ACHPR/Res. 376 (LX) 2017

Resolution-on-the-Situation-of-Human-Rights-Defenders-in-Africa

Translate »