Transcript Stakeholders inputs into the content of the Kenya UPR Review From their reports to their Advocacy Charter Hellen K.

Stakeholders inputs into the
content of the Kenya UPR
Review
From their reports
to their Advocacy
Charter
Hellen K. Mutellah
Steering Committee Member KSC- UPR
Assistant Programme Officer
The East African Centre for Human Rights
(EACHRights )
Outline of presentation
2
A.
Process to Stakeholders Report
B.
Content of Stakeholders Report
B.
Advocacy Process
B.
Contents of the Advocacy Charter
B.
The Advocacy Charter in the UPR
process
A. Process to Stakeholders Report



3
To facilitate the preparation of the Report, a steering
committee was established and the stakeholders were subdivided into various thematic clusters including women,
children, youth, older persons, persons with disabilities,
minorities and indigenous communities, sexual minorities,
civil and political rights, and economic, social and cultural
rights
Capacity building workshop on the UPR19th and 20th May, 2009
The thematic clusters were issued with a set of guidelines to
inform their deliberations and preparation of the cluster
reports. The clusters were mandated to identify the critical
human rights issues within their thematic areas that they
wanted included in the stakeholder report
Guiding Principles
Key issues, milestones, contemporary
initiatives, what the State has actively been
doing around the issue and how the UPR
process could be used as an impetus to
these issues for the realisation of human
right issues in Kenya
4
Process to Stakeholders Report (C’ntb)
5
1.
The information gathered by each cluster on areas of
critical human rights concern was then collated and
validated into the Kenya Stakeholders’ Coalition for the
UPR Report and presented at the Panafric Hotel meeting
(31st July, 2009) Stakeholder UPR Zero Draft report of
seventy two pages
2.
The Drafting Sub Committee initial meeting (5th August,
2009) and retreat at Karen Holiday Homes (21st-23rd
August, 2009 ) to reduce document into 10 pages based
on TOR’s to come up with a comprehensive stakeholders
report on pertinent human right issues.
3.
A final Stakeholders Validation Workshop be held by mid
October 2009 in preparation for submission to OHCHR
B.




6
Content and Format of the Stakeholder final
Report
Key words & Executive Summary
Normative & Institutional Framework for Promotion of Human Rights
International Human Rights obligations
 Core Treaties (status of ratifications-to be annexed)
 Other Human Rights Treaties & The various reports by Special
Rapporteaurs
 Voluntary pledges (Agenda 4 and the National Accord, Kenya
Government’s pledges given during its candidature to the Human
Rights Council-to be annexed)
 Observations on the status of implementation
 Domestic obligations i.e. Policy, legislature, institutional (the status
and efficacy)
Achievements
,
Best
Practices,
Challenges
&
Constraints
Recommendation
Issues and Recommendations
 Overarching issues i.e. Post Election Violence, Agenda 4
 and recommendation
Stakeholders Report (Thematic Issues)
7

A. Justice :-Abuse of children, criminal justice system,
Post Elections Violence, prison warders, environmental
management

B. Economic, Social and Cultural Rights :- Poor working
conditions of prison warders ,food insecurity, inadequate
water supply, poor protection mechanisms for workers
,Youth unemployment ,inaccessibility to quality health
care, Adverse effects of the Economic Partnership
Agreements (EPAS), maternal and infant mortality rate,
Lack of comprehensive law on housing, Challenges in
accessing education,
Stakeholders Report (Thematic Issues)
8

Failure to address educational needs of children with special needs,
Protection of children from child labour , Restricted access to land
and land based resources

C. Protection
of
Fundamental
Freedoms:Under
representation, Weak electoral system, lack of legislation on
freedom on information, cattle rustling.

D. Non Discrimination and Equality:- Discrimination of sexual
minorites ,killing of older persons on allegation of witchcraft, Legal
recognition of minorites and indigenous peoples, Citizen based
discrimination
C.
The Advocacy Process
After presentation of report to OHCHR, analyse the various reports and
discussions on the possibility of preparing joint briefings and joint/ unified
advocacy and dissemination strategies
Three teams set up to specifically work around certain Advocacy
Strategies.
Purpose of the Advocacy process was to lobby States (in particular
members of the HRC) to ask specific
questions
and
make
recommendations
Need to make SMART questions and recommendations
Thus the need for the Advocacy Charter
Divided into 5 columns (Stakeholders Submission, State report, UN
TreatyBody Procedures Recommendation, Suggested Questions and
Suggested Answers)
D.
i.
ii.
iii.
iv.
v.
vi.
Content of the Advocacy
Charter
the key themes running across all the reports collated into
common themes; and other issues which although may not be
recurrent deserve to be profiled as critical human rights
concerns; and key concerns relating to the reforms agenda.
The UN Guidelines on UPR Stakeholders reporting.
Concluding Observations and Recommendations of the various
international monitoring instruments to which Kenya is a
signatory.
The various Conventions and treaties to which Kenya is a
signatory.
The various Stakeholders’ reports .
Current initiatives being undertaken by the State on human
rights issues
Content of the Advocacy Charter (Priority
human rights issues)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
11
14.
Justice for the victims of the Post Election Violence
The Truth Justice and Reconciliation Commission (TJRC)
Insecurity
Threats to Human Right Defenders
Infringement on the Freedom of Expression and Access to information
Moratorium on the death penalty
Discrimination on the basis of Sexual Orientation and Gender Identity
Gaps in the protection of the rights of persons with disabilities
Lack of legal recognition of Minority and Indigenous peoples
Violation by Non State Actors
Statelessness
Corruption in the education sector
Challenges in HIV/AIDS management and treatment
Lapses in environmental protection
D.





The Advocacy Charter in the UPR
process
Sent to nearly all the members states of the 47 HRC as regards
their area of interest
to the Troika Met Government before Geneva to exchange
information on the sorts of concerns which we raised in our
report and upon which Kenya will need to provide responses;
To the State to explore the extent to which the State may feel
able to make voluntary commitments in terms of the above
referred Resolution
To international Human Rights Organization to disseminate
and also to members of the Human Rights Council.
Most of the recommendations to Kenya during the Review
THANK YOU
13