
Publication of a Briefing Note
Geneva-Paris, July 5, 2018 - 2,000 days after signing into law the
2013 Public Benefits Organizations (PBO), the government is still refusing to implement
the Act and civil society in Kenya remains subjected to a draconian outdated
NGO law. In a briefing note published today, the Observatory for the Protection
of Human Rights Defenders (OMCT-FIDH) renews its call to the Kenyan government
to uphold its promises to create an enabling environment for civil society in
the country.
2,000 days after its
signature into law, concerns remain as to the Government’s failure to implement
the 2013 PBO Act, which intended to open up the space for Kenyan civil society.
Following the adoption of the 2010 Kenyan Constitution, which clearly enshrines
the right to freedom of association, on January 13, 2013 President Mwai Kibaki
had signed into law the PBO Act, a progressive piece of legislation which aims
at ensuring a transparent and efficient regulation of civil society in Kenya,
setting out clear rules on their registration and creating a system of
incentives in support of organisations conducting public benefit activities.
Since then, two High
Court’s rulings have requested the Government to order the commencement of the
PBO Act and in July 2017 leading political parties signed a pledge to implement
it. In spite of all of this, the Government of Kenya not only failed to fulfil
its promises, but pursued a path of criminalisation and harassment of civil
society organisations, and attempted on several occasion to amend or annul the
PBO Act.
“The widening gap between the progressive legal framework
sparked by the entry into force of the 2010 Constitution and the government’s
lack of commitment to the PBO Act is of extremely high concern to us, in
particular in a climate in which the threat of refusal of registration is
increasingly being used as a tool to sanction peaceful and legitimate human
rights activities” said OMCT Secretary General
Gerald Staberock.
In May
2017, the Observatory published an international
fact - finding mission report
illustrating a concerning pattern of violence and harassment aimed at silencing
dissenting voices and perpetuating impunity in the country, further heightened
by the delay in implementing the 2013 PBO Act.
Between December 2014 and
2015 only, more than 1,500 NGOs were threatened of deregistration by the NGO
Coordination Board, based on claims that they failed to submit financial
records. Several organisations have further been accused of links with
terrorism, and their bank accounts have been frozen while the work permits of
foreign employees have been withdrawn. The Observatory has also documented
several attempts to hinder the work of human rights organisations in the
aftermath of the 2017 presidential elections.
“The Kenyan government must stand with human
rights defenders and give full recognition to the pivotal role that a free
and unhindered civil society space plays in a democracy. After 2000 days of
inaction, we renew our call to the Kenyan authorities to immediately implement
the High Court rulings so as to put an end to the legal limbo to which NGOs are
presently tributary” concluded FIDH Vice-President Sheila Muwanga.
The Briefing Note is available in English.
The Observatory for the Protection of Human Rights Defenders (the Observatory) was created in 1997 by the World Organisation Against Torture (OMCT) and FIDH. The objective of this programme is to intervene to prevent or remedy situations of repression against human rights defenders. OMCT and FIDH are both members of ProtectDefenders.eu, the European Union Human Rights Defenders Mechanism implemented by international civil society.
For more
information, please contact:
· OMCT: Marta Gionco: +41 228 09 49 39; mgi@omct.org
· FIDH:
Samuel Hanryon: +33 6 72 28 42 94 - shanryon@fidh.org
- @Sam_hanryon / Maryna Chebat: +33 6 49 10 83 65 - mchebat@fidh.org - @MS_Chebat
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