Kenya on the UN Human Rights Council – a chance for redemption?
Kenya should seize the opportunity of its council membership to improve its human rights record at home.
Published on 29 October 2024 in
ISS Today
By
Valtino Omolo
Intern, East Africa Peace, Security and Governance, ISS Nairobi
Tem Fuh Mbuh
Programme Manager, Security Sector Governance Project, ISS
Kenya was among several African countries elected to the United Nations Human Rights Council (UNHRC) on 9 October. The country’s bid for a seat attracted criticism from local and international civil society organisations because of Kenya’s poor human rights record.
The Kenya Human Rights Commission and Muslim Human Rights expressed dissatisfaction with what they described as the government’s gross human rights violations, unlawful killings, abductions and police brutality. These actions contradict Kenya’s 2010 Constitution and the Kenya National Commission on Human Rights Act, both of which emphasise the protection and promotion of human rights.
The government’s recent response to protests against the 2024 Finance Bill reportedly saw police involved in the abduction of about 65 people and the illegal detention of close to 1 400 – some suspected of being demonstrators. These incidents underline ongoing concerns about burdensome economic policies, oppressive taxation and discriminatory practices.
Kenya is not the only country with a contentious human rights record to be elected to the UNHRC, but its inclusion could invite further international scrutiny. Council member Spain, for instance, was accused in 2022 of violating the political rights of former members of the Catalan government and Parliament by suspending them before they were convicted after the 2017 independence referendum.
Implementing the UNHRC’s recommendations from 2020 is vital to solidify Kenya’s position on the council
Given that Kenya officially joins the UNHRC in January 2025, the election serves as both an opportunity and a challenge. The new role mandates the country to promote and protect human rights globally, while addressing its human rights record at home. By improving domestic human rights issues, Kenya can show its determination to fulfil its responsibilities on the council. Several key areas for action stand out.
The first is to strengthen the Kenya National Commission on Human Rights (KNCHR). During the UNHRC’s Universal Periodic Review in 2020, Kenya accepted 163 recommendations for improving its record. Key among them was bolstering the independence and efficiency of the KNCHR, a body established by the country’s 2010 Constitution.
However, the KNCHR still faces significant operational and funding shortfalls, hampering its effectiveness. The commission operates with just 25% of its authorised staff and has only five offices serving Kenya’s 47 counties. Implementing the UNHRC’s recommendations will be essential for Kenya to solidify its position on the global council.
Equally important is addressing challenges highlighted by the KNCHR, including the country’s failure to ratify key treaties like the 2010 convention to protect people from enforced disappearance – a key allegation during Nairobi’s recent protests. While the KNCHR said access to detention facilities had improved, security agencies often denied full access to vital case-specific information and facilities necessary for investigating human rights violations, as was constitutionally required.
Kenya’s government must also prioritise meaningful engagement with civil society groups and other stakeholders. These groups play an integral role by giving insight into grassroots positions on issues like police brutality and advocating for human rights on behalf of those marginalised in society. By fostering open communication, the government could start rebuilding trust among citizens locally and beyond its borders.
A key task is bolstering the independence and efficiency of the Kenya National Commission on Human Rights
Regular consultations with civil society groups on matters such as police reform, economic justice and the protection of civic space could help the government implement human rights-compliant policies. Collaborative action could also result in joint initiatives such as human rights education programmes and community safety projects.
Another vital task for government is investigating all acts of police brutality and illegal detentions, and bringing the culprits to book. Independent investigations – possibly assisted by local and international experts – would give the process transparency and restore public trust in state institutions.
Comprehensive police reforms are also required to prevent future abuses. This includes reviewing training procedures, enhancing oversight systems and promoting a human rights culture among police.
The state should also rethink its fiscal policy in light of its intended reintroduction of the 2024 Finance Bill, to avoid further straining citizens economically. Fiscal policy has direct implications for human rights, influencing access to essential services and people’s overall quality of life. Engaging with economists, social policy experts and affected communities could lead to more equitable taxation and social policies.
By addressing economic rights and social equity, Kenya can build credibility as a UNHRC member
In the health sector, the National Health Insurance Fund is being replaced with the Social Health Insurance Fund to provide medical cover to citizens. Since cover will likely be unaffordable for marginalised sectors of society, the new fund should be reviewed to increase coverage and reduce premiums.
By paying more attention to economic rights and social equity, Kenya can harmonise its domestic policies with the UNHRC’s principles and build credibility as a council member.
To show its commitment to human rights, the Kenyan government will need to embrace constructive criticism as a driver for reform. Active participation in the UNHRC’s Universal Periodic Review and the African Union’s African Peer Review Mechanism is required. Recommendations must be implemented, and transparent reporting systems created to track progress and foster accountability.
Kenya’s election to the UNHRC is an opportunity for the government to show its commitment to upholding and advancing human rights and fulfilling its international obligations. The country has already demonstrated improvements through its Refugee Act 2021, which offers refugees freedom of movement, the right to work and access to financial services.
Only through genuine commitment and due diligence can Kenya improve its human rights record and serve as a credible human rights advocate on the global stage.
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