Kelli Matthews

INTL 240

Research Module II

1991-1993 showed the worst economic performance since 1963. This economic performance went hand in hand with tremendous economic turmoil. In 1992, the first multi-party elections since the early 1980’s was held amidst violence in the form of intimidation and scare tactics, which was, in many cases instigated by the government or simply supported by it.

In 1997, shortly after the second multi-party election, Kenya passed a series of long promised constitutional reforms that amended or repealed several laws that were out of line with international standards and treaties. Amnesty International also pressured the Kenyan government to amend its constitution. The constitutional amendments came after the reelection of President Moi to another five-year term.

The Kenyan government officially takes a stance that sounds like that of much of the industrialized world. They are anti-violence, anti-corruption, anti-discrimination, and pro-education, pro-reform, and pro-democracy. The government, however, has a human rights record that says other wise. There are still abuses of power, deplorable prison conditions, discrimination against women, and a deterioration of health and education funding.

The legislative reforms of late 1997 have made some improvements in their human rights record, but there are some categories that have only become worse.

The non-governmental organization Kenyan Human Rights Commission (KHRC) reported that the police killed 164 in the 10-month period of January through September of 1998. This figure includes at least 10 deaths by torture. (2)

Kenya has ratified the UN Convention Against Torture.

There have been numerous reports of suspects being tortured, beaten or raped. Many of these reports went unheeded or were under-investigated. The government of Kenya says that torture of detainees is not allowable in the Kenyan constitution and "there is determination to uphold our national laws and international obligations on torture." (3)

The lack of security of the arrested pales in comparison to the deplorable prison conditions in which hundreds of prisoners die each year. The US State Department, in its human rights report for 1998 attributes the prison conditions to the lack of resources and the state’s unwillingness to address the deficiencies in the system.(4)

According to the Government, 536 prisoners died in prisons from diseases such as malaria, tuberculosis, and AIDS. The Government statement to Amnesty International was contrite, "As regards deaths in custody, inquests are always held to determine the cause of death of anyone who dies in Police or Prison Custody." (5)

Many of those who are tortured, beaten, or thrown in prison are not criminals, but political dissidents; those who rally for pro-democracy, or scream at the injustices of the system. They are the ones who are harassed, chased, beaten, or killed. The occasions of this happening are numerous. The elections of 1997 were based much less on the fear and intimidation factor than in the 1992, but it was present. Many critics of the government are questioning the validity of the election results.

Kenya has ratified the International Convenant on Civil and Political Rights.

There is also widespread spousal abuse. Wife beating is generally condoned by Kenyan society. In traditional culture, a man is allowed to discipline his wife and there is no law against spousal rape.

The Kenyan constitution affords women equal protection of rights and freedoms, but the specific prohibition of gender discrimination was not added until late 1997.

Women have dominated agricultural work for a long time. They have also become more active in urban small businesses. Regardless, women are earning 37 percent less than men and they hold only five percent of the land deeds. Women are also subject to many antiquated laws, such as they must have their husband or father’s permission to obtain a passport or national identification card.

Kenya has ratified the Convention of the Elimination of All forms of Violence Against Women.

The abhorrent practice of Female Genital Mutilation (FGM) remains widespread in the rural areas of Kenya. It is often performed when girls are very young. This practice has been condemned by international health professionals as being physically and psychologically damaging. The estimate is as high as 50 percent of females nationwide have suffered FGM. President Maui has issued two decrees against this practice but there is no formal law banning FGM.

Kenya has ratified the Convention of the Rights of the Child.

The UN Committee on Economic, Social, and Cultural Rights, issued a warning to the government of Kenya in 1993 that they needed to send in their report on the status of their compliance with the International Convention on Economic, Social and Cultural Rights. The Committee stated that even though Kenya had been party to the Covenant since January of 1976, they had never filed a report. The Committee also listed several concerns suggesting that Kenya was violating the terms of the Convention. Kenya at this point had not incorporated the provisions of the Convention into their laws, and the government was not playing an effective role in the prevention of human rights. (6)

Other than the amendments made to the constitution in late 1997, there have been no real efforts by the government to protect the rights of its citizens. There is ongoing ethnic conflict in many of the rural areas, the police are abusing their power, and dozens are dying in prisons and being raped daily.

Thousands are illiterate, mostly women who constitute 70 percent of the country’s illiterate population. Thousands are also dying from HIV/AIDS and leaving their children, some infected, some not as orphans.

The Government needs to make a real and conscious effort, not for their international image, but for their people to protect their basic needs: Health, education, and freedom from fear.

To the credit of the government, however, most international and internal observers noted that the 1997 seemed relatively fair and reflected the majority opinion. The parliamentary elections shortly thereafter were run very efficiently and fairly. So maybe they are moving in the right direction.

The next mullet-party election in 2002 will be a telling display of how much indeed the government has changed. The Kenyan State seems to fear the empowerment of their people. If they embrace the idea of self-determinism, their people may not choose to have the KANU in power anymore. I believe if the government fears this, the fear and intimidation tactics of the 1992 elections will rear its ugly head once again.

www.hri.ca/partners/khrc/police

4 The 1998 Human Rights Report – Kenya

6 The University of Minnesota Human Rights Library