Stakeholders inputs into the content of the Kenya UPR Review

1. Stakeholders inputs into the content of the Kenya UPR Review From their reports to their Advocacy Charter Hellen K. Mutellah Steering Committee Member KSC- UPR Assistant Programme Officer The East African Centre for Human Rights (EACHRights )

2. Outline of presentation • Process to Stakeholders Report • Content of Stakeholders Report • Advocacy Process • Contents of the Advocacy Charter • The Advocacy Charter in the UPR process

3. A. Process to Stakeholders Report • To facilitate the preparation of the Report, a steering committee was established and the stakeholders were sub-divided into various thematic clusters including women, children, youth, older persons, persons with disabilities, minorities and indigenous communities, sexual minorities, civil and political rights, and economic, social and cultural rights • Capacity building workshop on the UPR19th and 20th May, 2009 • The thematic clusters were issued with a set of guidelines to inform their deliberations and preparation of the cluster reports. The clusters were mandated to identify the critical human rights issues within their thematic areas that they wanted included in the stakeholder report

4. Guiding Principles Key issues, milestones, contemporary initiatives, what the State has actively been doing around the issue and how the UPR process could be used as an impetus to these issues for the realisation of human right issues in Kenya

5. Process to Stakeholders Report (C’ntb) • The information gathered by each cluster on areas of critical human rights concern was then collated and validated into the Kenya Stakeholders’ Coalition for the UPR Report and presented at the Panafric Hotel meeting (31st July, 2009) Stakeholder UPR Zero Draft report of seventy two pages • The Drafting Sub Committee initial meeting (5th August, 2009) and retreat at Karen Holiday Homes (21st-23rd August, 2009 ) to reduce document into 10 pages based on TOR’s to come up with a comprehensive stakeholders report on pertinent human right issues. 3. A final Stakeholders Validation Workshop be held by mid October 2009 in preparation for submission to OHCHR

6. B. Content and Format of the Stakeholder final Report • Key words & Executive Summary • Normative & Institutional Framework for Promotion of Human Rights International Human Rights obligations • Core Treaties (status of ratifications-to be annexed) • Other Human Rights Treaties & The various reports by Special Rapporteaurs • Voluntary pledges (Agenda 4 and the National Accord, Kenya Government’s pledges given during its candidature to the Human Rights Council-to be annexed) • Observations on the status of implementation • Domestic obligations i.e. Policy, legislature, institutional (the status and efficacy) • Achievements , Best Practices, Challenges & Constraints Recommendation • Issues and Recommendations • Overarching issues i.e. Post Election Violence, Agenda 4 • and recommendation

7. Stakeholders Report (Thematic Issues) • A. Justice :-Abuse of children, criminal justice system, Post Elections Violence, prison warders, environmental management • B. Economic, Social and Cultural Rights :- Poor working conditions of prison warders ,food insecurity, inadequate water supply, poor protection mechanisms for workers ,Youth unemployment ,inaccessibility to quality health care, Adverse effects of the Economic Partnership Agreements (EPAS), maternal and infant mortality rate, Lack of comprehensive law on housing, Challenges in accessing education,

8. Stakeholders Report (Thematic Issues) • Failure to address educational needs of children with special needs, Protection of children from child labour , Restricted access to land and land based resources • C. Protection of Fundamental Freedoms:- Under representation, Weak electoral system, lack of legislation on freedom on information, cattle rustling. • D. Non Discrimination and Equality:- Discrimination of sexual minorites ,killing of older persons on allegation of witchcraft, Legal recognition of minorites and indigenous peoples, Citizen based discrimination

9. C. The Advocacy Process • After presentation of report to OHCHR, analyse the various reports and discussions on the possibility of preparing joint briefings and joint/ unified advocacy and dissemination strategies • Three teams set up to specifically work around certain Advocacy Strategies. • Purpose of the Advocacy process was to lobby States (in particular members of the HRC) to ask specific questions and make recommendations • Need to make SMART questions and recommendations • Thus the need for the Advocacy Charter • Divided into 5 columns (Stakeholders Submission, State report, UN TreatyBody Procedures Recommendation, Suggested Questions and Suggested Answers)

10. D. Content of the Advocacy Charter • the key themes running across all the reports collated into common themes; and other issues which although may not be recurrent deserve to be profiled as critical human rights concerns; and key concerns relating to the reforms agenda. • The UN Guidelines on UPR Stakeholders reporting. • Concluding Observations and Recommendations of the various international monitoring instruments to which Kenya is a signatory. • The various Conventions and treaties to which Kenya is a signatory. • The various Stakeholders’ reports . • Current initiatives being undertaken by the State on human rights issues

11. Content of the Advocacy Charter (Priority human rights issues) • Justice for the victims of the Post Election Violence • The Truth Justice and Reconciliation Commission (TJRC) • Insecurity • Threats to Human Right Defenders • Infringement on the Freedom of Expression and Access to information • Moratorium on the death penalty • Discrimination on the basis of Sexual Orientation and Gender Identity • Gaps in the protection of the rights of persons with disabilities • Lack of legal recognition of Minority and Indigenous peoples • Violation by Non State Actors • Statelessness • Corruption in the education sector • Challenges in HIV/AIDS management and treatment • Lapses in environmental protection

12. D. The Advocacy Charter in the UPR process • Sent to nearly all the members states of the 47 HRC as regards their area of interest • to the Troika Met Government before Geneva to exchange information on the sorts of concerns which we raised in our report and upon which Kenya will need to provide responses; • To the State to explore the extent to which the State may feel able to make voluntary commitments in terms of the above referred Resolution • To international Human Rights Organization to disseminate and also to members of the Human Rights Council. • Most of the recommendations to Kenya during the Review

13. THANK YOU