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ESCR / Urgent Interventions / 2008 / November

Kenya: Call for action to stop violence by addressing violations of economic, social and cultural rights

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 CALL FOR ACTION:

KENYA: GROSS VIOLATIONS OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS 

ARE THE ROOT CAUSES OF VIOLENCE AND CONFLICT


Based on the conviction that torture and cruel, inhuman and degrading treatment or punishment and other forms of violence are related in many ways to – and are often directly caused by disrespect for economic, social and cultural rights, the Centre for Minority Rights Development (CEMIRIDE), the International Commission of Jurists-Kenya Section (ICJ-Kenya), and the World Organization Against Torture (OMCT) came together to emphasize the strong link between the denial or the violation of economic, social and cultural rights and various forms of violence, including torture and other forms of cruel, inhuman or degrading treatment or punishment that emanate, in Kenya, from this denial.

Following a field mission - carried out by OMCT and organised by ICJ-Kenya and CEMIRIDE -  and upon visiting a range of urban and rural marginalised communities, including the Maasai, the Ogiek, the Endorois, the Ilchamus, and residents of Nairobi’s informal settlements - it became clear that the denial of economic, social and cultural rights has created inequalities characterized by exclusion from social benefits, exclusion from the distribution of resources, and situations whereby people are living on the margins of society with adverse effects caused by opinions and decisions of Kenya’s economic and political establishment. Inadequate standards of living not only cut off poor people from decision-making platforms and work against them in the realization of their potential, they also inarguably perpetrate violence, including torture and other cruel, inhuman and degrading treatment.

We wish to draw the attention to the fact that Kenya’s poor, marginalized and minorities are vulnerable groups that are often the first and most numerous victims of violence. Land is a critical and complex issue in the country. The ownership - or lack of ownership - of land has subjected many a population to violence, conflict, poverty or even to a life characterized by psychological torture and fear for their lives. The politicization of this resource has worked to the detriment of Kenya’s population, especially women, children, the urban poor, and minority and indigenous communities.

According to Article 1 (2) of the International Covenant on Economic, Social and Cultural Rights, all peoples may for their own ends freely dispose of their natural wealth and resources. The abuse of this right has seen most communities in Kenya being excluded from the proceeds of the natural resources that are found within the territories they occupy. Many local communities face imminent eviction, frequently by violent means, from the land they occupy to pave way for mining or other economic development activities, without any adequate schemes for their resettlement or for benefit sharing.

The  fulfilment of economic, social and cultural rights has to do with the establishment, not only of policies and other frameworks, but also of infrastructure that permits the implementation of these rights. The continued discrimination and marginalization suffered by certain regions in the country - especially the Northern frontier districts of Kenya – which are mainly inhabited by pastoralist communities subjects the population to the effects of poor or inexistent physical infrastructure, inadequate education and health facilities, lack of basic resources like water, and the underdevelopment of land. Competition for scarce resources has inevitably led to the escalation of cattle raids, tribal, inter-community, and other forms of conflicts in the region.

Insecurity and violence is also a frequent feature of life in informal settlements of Kenya’s urban centres, where economic, social and cultural rights, including the rights to adequate housing, education and health are frequently compromised. A consistent message to emerge from our meetings from our community fora in Nairobi was that there is an alarming trend toward the criminalization of the urban poor, exacerbated by widespread police corruption. These same communities are frequently the victims of arbitrary police actions and violent evictions.

Despite the aforementioned conditions, not enough has been done by the Kenyan State to consider fully and systematically the causal links between the failure to respect economic, social and cultural rights, and the resulting poverty, inequality, discrimination and violence. We encourage the Committee to urge the Government of Kenya to take into consideration these important causal links when implementing the Committee’s recommendations. In addition, we encourage the Committee on Economic Social and Cultural Rights to make recommendations that will not only promote the enjoyment of economic, social and cultural rights for all Kenyans, including the poorest and most marginalised, but also free them from the violence that is so often present in their lives.

 

 

 

 



[1] Based on information submitted to the Committee on Economic, Social and Cultural Rights by OMCT, CEMIRIDE and ICJ-Kenya

 

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Date: November 5, 2008
Activity: Economic, Social and Cultural Rights
Type: Urgent Interventions
Subjects: Indigenous peoples, Inequality, Land and Housing, Minorities and marginalised communities, Police, Military and Paramilitary, Torture and violence

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