Sub-Regional Office
Human Rights House, Plot 1853 Lulume Rd. Nsambya
P.O. Box 70356 Kampala, Uganda
Tel: +256-312-265820/1/2/3; +256-414-510263 (general)
Fax: +256-312-265825
Email: [email protected], [email protected]
Website: http://www.defenddefenders.org
UNITED NATIONS SPECIAL RAPPORTEUR ON THE SITUATION OF HUMAN RIGHTS DEFENDERS, MR MICHEL FORST C/o Office of the High Commissioner for Human Rights Palais Wilson, United Nations Office at Geneva CH1211 Geneva 10 Switzerland Sent via e-‐mail: [email protected] / [email protected] And delivered in person: Friday April 10th 2015, Stockholm, Sweden Friday April 10th 2015 Mr. Forst, RE: Urgent appeal in relation to two human rights NGOs based in Kenya The East and Horn of Africa Human Rights Defenders Project (EHAHRDP), the National Coalition for Human Rights Defenders-‐Kenya (NCHRDs-‐K), and Human Rights Agenda (HURIA) are jointly submitting this urgent appeal for your consideration, in relation to the ongoing targeting, by the Kenyan government and its security forces, of two respected Kenyan human rights organisations. The factual background to this case, as outlined below, falls under the ambit of your United Nations mandate as Special Rapporteur on the Situation of Human Rights Defenders. We ask for your rapid and public intervention in this matter. Background Overview: In brief, this urgent appeal relates to two highly respected Kenyan human rights organisations, Muslims for Human Rights (MUHURI) and Haki Africa, both of whom have this week had their financial assets frozen by order of the Kenyan government. Both organisations have been explicitly and publicly targeted by Kenyan state authorities on the purported basis of links to the terrorist Centre for Refugee Studies, York University
8th Floor, York Research Tower
4700 Keele St., Toronto ON Canada M3J 1P3
Tel: +416-7365663 Fax: +416-736-5688
[email protected] www.yorku.ca/crs
Sub-Regional Office
Human Rights House, Plot 1853 Lulume Rd. Nsambya
P.O. Box 70356 Kampala, Uganda
Tel: +256-312-265820/1/2/3; +256-414-510263 (general)
Fax: +256-312-265825
Email: [email protected], [email protected]
Website: http://www.defenddefenders.org
organisation Al-‐Shabaab. Such purported links are entirely baseless, and both organisations have been transparently targeted for administrative harassment on the basis of their human rights work. The targeting of these two organisations constitutes a wilful misapplication of Kenya’s domestic anti-‐
terrorism and other laws, and is in flagrant violation of regional and international legal standards. Moreover, given the understandably highly charged atmosphere in Kenya following the appalling terrorist attack by Al-‐Shabaab in Garissa on 2nd April 2015, the public association of the two organisations with Al-‐Shabaab places them at considerable risk of violence from members of the community, and of long-‐term reputational damage. Detailed Background and Chronology of Events: Muslims for Human Rights (MUHURI) is a Non Governmental Organisation, based in Mombasa, Kenya. MUHURI was established in 1997, and is registered with the Non Governmental Coordination Board. On Wednesday 8th April, without notice, MUHURI noticed that its bank account had been ‘frozen’, as it was unable to access its funds. MUHURI had not received any prior communication from its bank on this matter. On the same day, MUHURI placed a telephone call to its bank. MUHURI was informed, by its bank, that an instruction had been received from central bank headquarters, directing MUHURI’s bank account to be ‘frozen’. Haki Africa is also a Nongovernmental organisation based in Mombasa, Kenya. Haki Afirca works to promote development and improve livelihoods, with a particular focus on economic and social rights. The targeting of Haki Africa follows a virtually identical narrative to that outlined above for MUHURI. On 8th April 2015, Haki Africa found itself unable to access ist funds. According to Gazette Notice 2326 of 7th April 2015, which was made public and came to the attention of both affected organisations only on 8th April 2015, the Inspector General of Police has publicly listed both MUHURI and Haki Africa amongst 85 individuals and institutions that are notified of the intention to specify them as a ‘terrorist entity’ under the Prevention of Terrorism Act 2012. Under the terms of the Gazette Notice, the two organizations were required, within 24 hours of 7th April, to demonstrate why they should not be declared as ‘specified entities’. Both organisations only learnt of the existence of the gazette notice after their respective bank accounts had already been frozen. On 8th April 2015, both organisations wrote separately to the Inspector General of Police, protesting their inclusion on Gazette Notice 2326, denouncing the baseless allegations of links with Al-‐Shabaab, Centre for Refugee Studies, York University
8th Floor, York Research Tower
4700 Keele St., Toronto ON Canada M3J 1P3
Tel: +416-7365663 Fax: +416-736-5688
[email protected] www.yorku.ca/crs
Sub-Regional Office
Human Rights House, Plot 1853 Lulume Rd. Nsambya
P.O. Box 70356 Kampala, Uganda
Tel: +256-312-265820/1/2/3; +256-414-510263 (general)
Fax: +256-312-265825
Email: [email protected], [email protected]
Website: http://www.defenddefenders.org
and providing relevant documentation (audited accounts, program descriptions, list of board members, donors, etc). As of Friday April 10th, the bank account freeze remains in place for both organisations. The government has reportedly ordered all insurance companies and pension schemes to immediately freeze the covers for either medical cover or other insurance. On the morning of Friday April 10th, a police car with officers inside is parked outside the gate of MUHURI’s offices. Legal Position The Prevention of Terrorism Act (2012) defines a ‘Specified Entity’ as a ‘person, group of persons, trust, partnership, fund or an unincorporated association or organization reasonably believed to be committed or prepared to commit; attempted to commit; or participated in or facilitated the commission of, a terrorist act; or acting on behalf of; at the direction of; or in association with terrorist groups’. This definition does not in any way relate to the valuable human rights work of the two organisations listed in the Gazette Notice. As peer Kenyan human rights organisations, both NCHRDS-‐K and HURIA have closely worked with both MUHURI and Haki Africa in an attempt to counter violent extremism and improving the general security situation at the coast. Kenyan law requires that before the accounts of the specified organizations are frozen, they are notified and within 24 hours demonstrate why they should not be declared as specified entities. However, the two organizations only learnt of the notice through the media, after the 24 hours had passed, leading to the freezing of their bank accounts. Article 47 (1) of the Constitution of the Republic of Kenya codifies the right to fair administrative action. Section 3 (1) and (2) of the Prevention of Terrorism Act No. 30 of 2012 obligates the Inspector General of Police to provide reasonable notice before recommending the declaration of individuals or institutions as specified entities. In both regards, domestic law has been breached. The unlawful interference with the right to freedom of association for both organisations constitutes a direct violation of Kenya’s legal obligations under (inter alia) Article 22 of the International Covenant on Civil and Political Rights, and Article 10 of the African Charter on Human and Peoples’ Rights. Request for Urgent Action Accordingly, we appeal to you to: Centre for Refugee Studies, York University
8th Floor, York Research Tower
4700 Keele St., Toronto ON Canada M3J 1P3
Tel: +416-7365663 Fax: +416-736-5688
[email protected] www.yorku.ca/crs
Sub-Regional Office
Human Rights House, Plot 1853 Lulume Rd. Nsambya
P.O. Box 70356 Kampala, Uganda
Tel: +256-312-265820/1/2/3; +256-414-510263 (general)
Fax: +256-312-265825
Email: [email protected], [email protected]
Website: http://www.defenddefenders.org
1) Issue an urgent communication to the Government of Kenya, requesting the financial asset freezes against both organisations to be immediately lifted; 2) Request the Government of Kenya to immediately and publicly explain its flagrant breaches of domestic, regional and international law in its targeting of both organisations; 3) Through a public statement, publicly and unequivocally condemn the actions of the Government of Kenya in targeting these two respected human rights organisations, and the baseless attempts to link both organisations with Al-‐Shabaab; 4) Remain seized of this matter. Please do not hesitate to contact us if you have any questions or if we can provide you with any additional information you may need. Yours sincerely, Hassan Shire, Executive Director, East and Horn of Africa Human Rights Defenders Project [email protected] / [email protected] Kamau Ngugi, Coordinator, National Coalition of Human Rights Defenders-‐ Kenya [email protected] Yusuf Lule Mwatsefu, Executive Director, HURIA [email protected] ] Centre for Refugee Studies, York University
8th Floor, York Research Tower
4700 Keele St., Toronto ON Canada M3J 1P3
Tel: +416-7365663 Fax: +416-736-5688
[email protected] www.yorku.ca/crs