Blueprint
Published on July 20, 2015
“Countries that respect human rights—including freedom of association—happen to be our closest partners….When these rights are suppressed, it fuels grievances and a sense of injustice that over time can fuel instability or extremism. So I believe America’s support for civil society is a matter of national security.”
–President Obama, September 23, 2014
“First, for civil society to continue to succeed it must have open, free, democratic space. I have followed closely the ongoing debate in Kenya around civil society and its regulation…. [A]ccountability and transparency are important for civil society organizations, just as they are for all others. But there are ways to achieve accountability and transparency that do not restrict or impede the vital work of civil society.… Regulation should embrace diversity. Regulation must not be used to silence opinions or stifle views that the powerful do not share…. We carry out extensive due diligence on all the organizations we partner with, to ensure that they are not being used for illicit purposes, such as terrorist financing. We have not seen any evidence to suggest Haki Africa’s activities pose a threat to national security or jeopardize Kenya’s efforts at combating terrorism.”–U.S. Ambassador to Kenya, Robert F. Godec, June 5, 2015
The visit of President Obama to Kenya in July 2015—the first by a sitting U.S. president—is much anticipated in the country, which faces serious challenges, including poverty, terrorism, corruption, and abuses by state security forces. Kenya has yet to fully recover from large-scale violence following the 2008 election, when around 1,300 people were killed—including hundreds by the police—and half a million were displaced during a six-week period. Kenya also hosts around half a million refugees fleeing war in Somalia.
The U.S. government has sought to help Kenya address its human rights problem with humanitarian, good governance, and security initiatives. Kenya is routinely among the top seven recipients of U.S. aid, getting hundreds of millions of dollars every year.
Yet the United States should strengthen and sharpen its efforts to support Kenya. A reinvigorated approach, initiated by the President’s visit, would both improve the lives of Kenyans and serve U.S. interests by combating violent extremism. This report recommends actions the U.S. government should take to promote greater stability in Kenya and the region, and outlines in particular how the U.S. government should support Kenyan civil society.
In 2010 Kenyan voters approved a new constitution, which contains strong human rights safeguards, protections for civil society, and judicial reforms. And it is in many ways a model of legal protection for human rights. It provides for the creation of several important bodies, including the National Gender Equality Commission—which is pushing for the implementation of article 81b of the constitution: “not more than two thirds of the members of elective public bodies shall be of the same gender”—and the Kenyan National Commission on Human Rights.
Unfortunately, these and other official entities set up under the constitution to protect rights are insufficiently resourced and politically weak. The government’s implementation of the constitution has generally not matched the promise of its text. It has attacked civil society groups and attempted to muzzle dissent, often in the name of counterterrorism. The 2013 Public Benefit Organizations (PBO) Act, a law designed to regulate and protect civil society, has yet to be implemented. On the positive side, parts of the Kenyan judiciary remain defiantly independent of government interference, something President Obama should praise during his trip.
The Kenya section in the U.S. State Department Country Reports on Human Rights Practices for 2014 states: “The most serious human rights problems were security force abuses, including alleged unlawful killings, forced disappearances, torture, and use of excessive force; interethnic violence; and widespread corruption and impunity throughout the government…. Widespread impunity at all levels of government was a serious problem, despite public statements by the president and deputy president and police and judicial reforms. The government took only limited steps to address cases of unlawful killings by security force members.”
That crackdown runs counter to President Obama’s insistence that stability and security require “freedom for civil society groups.” During his visit, President Obama should discuss the crackdown on civil society along with other pressing and sensitive issues: security cooperation, corruption, refugee protection, and the human rights of LGBT people.
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