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					KENYA HUMAN RIGHTS COMMISSION
ADVOCACY PROGRAMME: QUARTERLY REPORT FOR THE CAMPAIGN AGAINST IMPUNITYi
QUARTERLY REPORT: JANUARY – MARCH 2004

STRATEGIC OBJECTIVE 2: Hold state, institutions and individuals accountable for Human Rights Violations

Milestone 1: autonomous self-driven, community based Advocacy initiatives establish.

Midterm: Legitimate National Survivors Network/Workers rights Network established.

Milestone 3: Draft Bill on TRC completed and adopted by the government

Midterm: Consensus built on transitional justice conference on the nature of TRC

Others: Milestones on components incidental Campaign Against Impunity

       Campaigns/Activiti     Activities undertaken                                Outputs                      Outcomes                     Impact                Indicators          Data Source
       es
(a)    THE MARCH              (1) A concept paper was prepared on           - The concept paper and     - Network participation       -   Owning the          - Issues being
       FOR JUSTICE               January, 12, 2004 highlighting the           an invitation for        though not very consistent         march for justice   addressed cut across     -Concept paper
                                  background, target areas, participants,     preparatory meeting      - A series of preparatory          and participation   the human rights         -Progress Report
                                  objectives, strategies and experiences      forwarded to the         meetings and mini activities       in preparatory      network members          - Minutes
                                  fro other marches for justice outside       Human Rights             are carried out(see (a)-2)         meetings and the                             - Video records
                                  Kenya                                       Network                                                     actual March by     - Availability of        - Publicity materials
                                                                                                                                          K-Hurinet           publicity materials      - Newspaper reports
                                                                                                                                          Members             and other support
                                                                                                                                                              from the K-
                                                                                                                                                              HURINET
                              (2) A Human rights Network meeting
                                  is convened on January 28th 2004
                                  and the network agrees to hold
                                  collaborative built up activities of
                                  the march for justice.

                              (i)   Truth Be Told: Commemoration            -   Truth about the        - The TBT initiative attains   -The government         -The activities          - Footages
                                    held in the week of 10th – 14th             Wagalla                  a national stature as        reiterates its          carried out within       - Newspaper reports
                                    February, 2004 to mark the 20th             experiences retold       certain Members of           commitment to           and outside Nairobi      - Press Invitation
                                    Anniversary of the Wagalla                  through a march,         Parliament and the           address the past        - Promises made by       - List of participants
                                    Massacre                                    visiting the Wagalla     statutory Kenya National     human rights            members of               - The said booklet
                                                                                airstrip, Public         Commission for Human         violations after TBT    Parliament,              - Progress reports by
                                                                                Forum, submitting a      Rights agree to take up      submits its petition    government and              The CAI Team
                                                                                petition to the          the matter with the                                  human rights network     - Copies of the
                                                                                government and re-       government                                           in pursuing justice to      petition and the
                                                                                printing and           - Availability of the said                             the Wagalla                 programme for
                                                                                distributing the         booklet as a permanent                               massacres                    these activities
                                                                                booklet eyes of the      reminder of the Wagalla                              -Good media              -Receipts for the
Campaigns/Activiti   Activities undertaken                                Outputs                     Outcomes                    Impact                 Indicators          Data Source
es
                                                                      Miaow; Wagalla           ordeals                                              coverage                  expenses KHRC
                                                                      massacre as seen                                                                                       catered for
                                                                      by a cat; a play by
                                                                      Abjab Howatz
                                                                      Hudayi
                                                                  -   Positive media
                                                                      coverage of this
                                                                      event
                                                                  -   Demands for a
                                                                      TJRC and or a
                                                                      Judicial
                                                                      Commission of
                                                                      Inquiry to
                                                                      investigate the
                                                                      Wagalla massacres
                                                                      are made

                     (ii)   The J.M. Kariuki Commemoration        - A clarion call for the   - Demands for transitional    -The government          - Response made by       -Progress reports
                            (February 24th to March 5th 204       establishing the truth     justice especially ensuring   responds by assuring     the Assistant Minister   from the KHRC
                            with a memorial service and public    and justice behind the     the formation of truth,       the J.Ms family that a   for Justice and           CAI Team
                            symposium held on March 3rd and       J.M murder is made         justice and Reconciliation    file is still open on    Constitutional           - Availability of the
                            5th at the All Saints Cathedral and                              Commission were made          J.MS murder              Affairs- Hon. Njeru       said booklet at
                            Sixty Eighty Hotel respectively.      - A booklet: J.M.          -KHRC loops in new actors     -The J.M booklet         Githae                   KHRC for reference
                            The J. M’s family also released a     Speaks his Mind is         in the Campaign Against       This publication         - CLAN becomes an         And distribution
                            press statement calling for           reprinted courtesy of      Impunity Project i.e. CLAN    (both in English and     active member of the     - Copies of the
                            government’s action over this         KHRC and CLAN              - CLAN plans follow-up        Swahili highlighting     core committee            programmes over
                            matter.                               (community Leadership      activities to keep the fire   the ideals and values    preparing the march      the same
                                                                  Advancement Network)       burning over the J.M issue    of the late J.M.         for justice while        -The press statement
                                                                                             - The said booklet becomes    Kariuki) is highly       political                from J.M’s family
                                                                  - KHRC’s Jennifer          part of the KHRC IEC          demanded by Human        assassinations are       -Receipts for what
                                                                  Miano and Betty            material in the CAI           Rights and other         highlighted as one of    KHRC catered for
                                                                  Murungi presented                                        groups in the civil      the key issues in the    ( Hall and the booklet)
                                                                  papers on the                                            society                  pursue of transitional   - - List of participants
                                                                  Experiences on the Task                                                           justice
                                                                  Force for the
                                                                  Establishment of TJRC
                                                                  in Kenya and the
                                                                  Comparative Global
                                                                  Experiences of TJRCs
                                                                  respectively during the
                                                                  public symposium




                     (iii) Dedan Kimathi 47th                     KHRC is actively               -Acknowledgement of       -   The    role     of   - The stakes for the     - Planting the
Campaigns/Activiti   Activities undertaken                                Outputs                       Outcomes                       Impact                    Indicators         Data Source
es
                           Commemoration                          involved in                       the need to harmonise          KHRC as the key             KHRC as the in         Mugumo at
                                                                  coordinating and                  the divergent initiatives      actor        in             cordinating agency     Dedan Kimathi
                                                                  facilitating this event           on Mau Mau issues              cordinating the             in the Mau Mau         Grounds in Nyeri
                                                                  where a call is made to                                          Mau Mau project             project are
                                                                  harmonise the Mau                                                enhanced                    safeguarded
                                                                  Mau initiatives
                     (iv) The Campaign Against Impunity           The KHRC (K-                 - KHRC’s CAI becomes             - International            - The march for          -Communication
                          Team identifies and subscribes to       HURINET march for            members of this global            networking                Justice identified as    between the
                          the march of justice website –          justice component is         movement                          enhanced for the          some of the activities    International Marc
                          www.marchforjustice.com                 acknowledged by the                                            CAI project               to be posted in the      For Justice cordinator
                                                                  www.marchforjustice.c                                                                    March for justice         And the KHRC CAI
                                                                  om and is put in the                                                                     website                  Team
                                                                  web-page freely for
                                                                  international updates
                     (v)   A Campaign Against Impunity            - Members of public          - The citizens and               - Increased awareness      -   Active               -Posters Inviting
                           Rally on National Insecurity,              and the human            government officers-police       on the need to                 participation by      people rally
                           Arbitrary Arrests and Extra-               rights groups are        and administrators agrees to         address                    the Kawangware       -Video records
                           Judicial executions is held at             able to share their      collaborate in addressing        human             rights       residents in         and still photos
                           Kawangware Sokoni on March,                ideals and demand        insecurity and police                violations                 articulating the     -Progress report by
                           26th 2004                                  for an end to            brutality in Kawangware              perpetrated      by        human rights         the CAI Team
                                                                      impunity                                                      key state actors           issues affecting
                                                                      perpetrated by the                                        -Consciousness                 them
                                                                      police officers and                                       among the local state      - Positive
                                                                      the local                                                 agents on the need to          responses and
                                                                      administration                                            uphold the rule of             assurances by the
                                                                  - The local Senior                                            law and respect for            local government
                                                                      Chief and Deputy                                          human       rights    is       officers that they
                                                                      OCS promises end                                          realised                       would not resort
                                                                      to this impunity and                                      - An opportunity for           to impunity again
                                                                      call for partnership                                      KHRC to start the          - Call by the
                                                                      between the                                               Community Policing             participants on
                                                                      government and                                            project is found               the need for
                                                                      members of public                                         -KHRC is recognised            collective action
                                                                      is accepted by all                                        as the leading actor in        in addressing
                                                                      the parties                                               the campaign against           insecurity
                                                                      (community                                                insecurity and police      - Requests by the
                                                                      policing)                                                 brutality                  actors present for
                                                                                                                                                           KHRC to organise
                                                                                                                                                           such events in
                                                                                                                                                           Nairobi more often
                     (vi) A series of network meetings are        - Insecurity, mob            - More issues and actors are     - High impact is           - To be filled after     - Photos
                     held to concretise on the preparations for   violence, police             looped in the CAI project        expected after march       the March                - Media coverage
                     the grand for march for justice. (From       brutality, children,         - Demands for justice are        is carried out on                                   - Progress reports
                     the mini-activities above)                   workers, women’s, land       expanded from the past           April 7th 2004 on                                   - Minutes
                                                                  rights and justice to past   human rights atrocities to the   Transitional Justice,                               - IEC materials
                                                                  human rights violations      current and anticipated          insecurity rule of law,                             - Video clippings
      Campaigns/Activiti   Activities undertaken                                Outputs                          Outcomes                    Impact                  Indicators         Data Source
      es
                                                                         are identified as key      atrocities                        the land questions,                               - List of participants
                                                                         issues to be addressed                                       women and
                                                                         - Publicity materials                                        children’s rights, the
                                                                         developed to create                                          suppression of
                                                                         awareness and                                                Terrorism Bill issues,
                                                                         advocacy on these                                            etc
                                                                         issues                                                       - KHRC strengthens
                                                                         - The March for Justice                                      its position in leading
                                                                         is carried out in April                                      the CAI and
                                                                         14, 2004                                                     transitional justice
                                                                                                                                      campaign from the
                                                                                                                                      Civil Society
                                                                                                                                      perspective
(B)   STAKEHOLDERS         - A concept paper giving the background,      -   Various                - Identification of human         - The stakeholders        - A work plan is        - A Concept Paper
      FORUM                the definition, strategic players and             stakeholders – local     rights and welfare issues            forum is launched    designed and            -Progress Reports
                           objectives on the stakeholders’ forum             and international        affecting the IDPs and               and mandated to      collectively adopted    from CAI Team
                           (for actors who have been working with            who have been            stakeholders     in      this        be the framework     by the stakeholders     - Media invitation/
                           the IDPs on human rights, humanitarian,           working with the         initiatives and prioritising         of addressing the    -The recognition of -   coverage
                           developmental, spiritual and publicity            IDPs on the said         them on the levels of                IDPs issues at       KHRC’s                  - Leaflets on the
                           awareness issues) is developed on                 areas attend and         urgency and importance               regional and local   commitment,             The Campaign
                           January 14th 2004. This together with an          actively participate   - Allocation of roles and              levels in Kenya      consistency and         Against Impunity
                           invitation letter is forwarded to the             in the stakeholders’     responsibilities by the         - KHRC is                 leadership in the        and the Human
                           strategic stakeholders                            Forum held on            stakeholders in addressing           mandated to be       Campaign Against         Rights and Welfare
                                                                             March 30th, 2004 at      the said issues through a            the cordinating      Impunity project and     issues of the IDPs in
                                                                             the Panafric Hotel,      work plan                            agency of the        hosting the              Kenya
                                                                             Nairobi.                                                      stakeholders         stakeholders forum      - Video Records
                                                                         -   The IDPs are able to                                          forum                                        - Receipts/quotations
                                                                             share their                                              - National                - Impressive Media      for payments for the
                                                                             experiences with the                                          awareness on the     coverage and positive   events
                                                                             stakeholders on the                                           IDPs issues in       response of the         - List of participants
                                                                             milestones covered                                            created as result    members of public on
                                                                             by the CAI team                                               of media             this development
                                                                             since September,                                              publicity            - Requests by new
                                                                             2001 to March 30,                                        - A decision to           actors to part of the
                                                                             2004 is produced                                              evict forest         CAI project
                                                                             and availed for                                               dwellers by the      - KHRC mandated to
                                                                             distribution as a                                             government is        be the co-ordinating
                                                                             leaflet                                                       withheld             agency for this
                                                                                                                                      - Other groups            forum
                                                                                                                                           working with
                                                                                                                                           IDPs emerges
(C)   LAUNCH OF THE        A concept paper on the need for the field     The paper is considered    - This becomes the strategic      - Field visits in at      - The positive          - The Concept Paper
      NATIONAL             visit to audit the preparedness of the IDPs   and adopted for action     and operational roadmap of        least two regions out     correlation between
      NETWORK FOR          (based on the agreed tasks for them at the    by the Campaign            the CAI Team for the field        of four is realised       the conceptual and
      THE IDPS IN          grassroots) on the launch of the National     Against Impunity Team      visits                                                      programmatic
      KENYA                Network was developed on January 18th                                                                                                framework of this
      Campaigns/Activiti   Activities undertaken                              Outputs                      Outcomes                        Impact                 Indicators          Data Source
      es
                           2004                                                                                                                              component
                           Field visits are undertaken to Bahati,      -   The CAI is able to     -   Realisation of the gains      -   Moral, political     - More vibrancy at       -Media footage
                           (February 7th – 9th), Molo and Naivasha         assess the progress        and challenges at the             and to some          the grassroots in        -Progress reports
                           (February 26th – 29th) and Kieni (Thika)        made by the IDPs,          grassroots as the IDPs            extent financial     awareness and            - Video Records
                           on February 10th 2004.                          strengthening their        prepare themselves for            support is           advocacy                 - Correspondences
                                                                           networks,                  the launch of National            provided to the      interventions on IDPs    between the KHRC,
                                                                           identifying and            Networks                          IDPs and other       rights and welfare by    IDPs/ stakeholders
                                                                           liasing with various   -   Meeting with various              actors in            themselves and other     - Receipts on the
                                                                           stakeholders in            actors before the launch          strengthening the    stakeholders             expenses during field
                                                                           articulating their         of the stakeholders               Campaign             - Stronger networks      visits
                                                                           issues.                    forum                             Against Impunity     at the local IDPs
                                                                       -   The CAI and the                                          - Trust and              committees
                                                                           IDPs agrees on the                                           harmony is           - Positive attendance
                                                                           strategies and                                               enhanced             and commitment of
                                                                           methodologies of                                             between the          actors in the
                                                                           addressing the                                               KHRC and other       stakeholders forum
                                                                           challenges in                                                actors in the CAI
                                                                           strengthening their                                      - The IDPs issues
                                                                           local networks                                               becomes matters
                                                                           ahead of the launch                                          of National
                                                                           of the National                                              interest as result
                                                                           Network                                                      of advocacy by
                                                                                                                                        various actors as
                                                                                                                                        a result of these
                                                                                                                                        field visits
                           IDPs attend the National Workshop for       IDPs share their           -   IDPs are able to strength     - Synergy is created     - The resolve to         - Workshop reports
                           Human rights defenders – February, 20th     experiences with other         their advocacy skills         between the IDPs’        collaborate at all       - Video records
                           – 24th 2004                                 human rights actors            and networks with other       community and            levels to strengthen     - Media coverage
                                                                       affiliated to KHRC,            human rights actors at        various human rights     the human rights         - Concept paper
                                                                       identify (jointly) and         various levels in the         defenders and            movement in Kenya        done by James Nduko
                                                                       debate on the emerging         society                       groups/project                                    - Press invitation,
                                                                       human rights challenges                                      organisations                                     statement/
                                                                       and adopts strategies                                        in the liberation                                 memorandum
                                                                       and plan of action to                                        struggle                                          - List of participants
                                                                       respond to them
(D)   CAUCUS               The Kenya Human Rights becomes an           - Pressure and lobbying    - The Human Rights                - Kenya Human            -KHRC’s active           - Invitation to
      LOBBYING FOR         active and strategic actor in this caucus   for the establishment of   Network and the Statutory         Rights Commission        participation in the     Participate in the
      THE                  coordinated by the Kenya national           a TJRC is enhanced         National Commission for           is recognised as the     Caucus meetings          Caucus
      ESTABLISHMEN         Commission for Human Rights                 between the Non            Human Rights become the           key players in the                                - Minutes of the
      T OF TJRC                                                        Governmental and the       focal point in liasing with the   human rights             - KHRC’s                 caucus
                                                                       governmental human         government on its                 network’s demand         consistence in the       - Progress reports
                                                                       rights actors              commitment to transitional        for a TJRC               demands for a TJRC
                                                                                                  Justice                                                    and end to the culture
                                                                                                                                                             of impunity
(E)   OTHER                i) The Kieni IDPs and the KHRC              -   Submission of the      - The human rights and            - IDPs especially        - Making KHRC a          -   Progress Reports
      ACTIVITIES           Campaign Against Impunity Team                  memorandum to            welfare concerns of IDPs            from Kieni Forest         member of the       -   Memorandum
Campaigns/Activiti   Activities undertaken                            Outputs                      Outcomes                      Impact                 Indicators         Data Source
es
INCIDENTAL TO        presented a memorandum to the special        Miloon Kothari            and other survivors of           recognised as the         core committee      -   Video records
THIS CAMPAIGN        Rapporteur on adequate housing, Dr.          detailing the human       impunity related to land in      community in              preparing the       -   Media coverage
                     Miloon Kothari, of the United Nation’s       rights and welfare        Kenya becomes matters for        need of urgent            programme of        -   Receipts for
                     Commission on Human Rights on                issues affecting          urgent action                    action in Kenya           the UN Special      Expenses incurred
                     February 12th 2004 at the Mazingira          them and other          - Increased networks locally    - KHRC identified as         Rapportuer.
                     Institute’s offices                          IDPs in Kenya             and internationally in the       one of the most       -   Field visit to
                                                              -   IDPs made their           Campaign Against                 strategic actors in       Kieni and Tinet,
                                                                  demands to the            Impunity on land and             the Campaign              the 2 strategic
                                                                  government on             housing issues                   Against Land              communities of
                                                                  these issues                                               Impunity                  KHRC in
                                                              -   Experiences are                                                                      advocacy and
                                                                  shared with other                                                                    outreach
                                                                  survivors affected                                                                   programmes
                                                                  by impunity on land                                                                  respectively
                                                                  issues                                                                           -   Constant
                                                              -   The Rapporteur                                                                       contacts between
                                                                  plans for a field                                                                    the CAI Team,
                                                                  visit to Kieni forest                                                                organisations
                                                                                                                                                       dealing with land
                                                                                                                                                       issues and
                                                                                                                                                       Miloon Kothari
                     ii) A field visit to Kieni by the KHRC                                   -Positive interaction       - Non execution of            -Non eviction of   - Newspaper articles
                     CAI Team, the UN Special Rapporteur      - The Rapportuer is             between the IDPs,           the government                the forest         - Media coverage
                     and Mazingira Institute Team is          touched by the                  Special Rapportuer and      eviction order to             dwellers           - Video records
                     undertaken on February 22, 2004          gruesome face of                other actors during the     forest dwellers               contrary to the    - Memoranda
                                                              impunity and abject             Kieni visit where           expected to be                eviction order
                                                              poverty at Kieni. He            various issues were         executed on March             -A
                                                              promised to take up the         teased out                  31st 2004                     memorandum is
                                                              Kieni issues with               - An urgent Action          - New members                 sent to the
                                                              governmental and                meeting is convened at      looped in the                 Minister for
                                                              international actors at         Mazingira Institute to      stakeholders forum            Justice and
                                                              the United Nations              make demands to the         such as Shelter               Constitutional
                                                              levels as a matter for          government on the land      Forum, Mazingira              Affairs making
                                                              urgent action                   issues in Kenya.            Institute etc.                demands on the
                                                                                                                                                        human rights
                                                                                                                                                        issues affecting
                                                                                                                                                        the landless
                                                                                                                                                        people in Kenya
A CASE STUDY

The IDPs in Nakuru Region as a living vestige of a community in action

In the KHRC’s Campaign Against Impunity work since September 2001, the key concerns have been on
how to facilitate an enabling environment for the Internally Displaced Persons in Kenya to articulate their
human rights and welfare issues, establish leadership structures and liaise with the like-minded actors from
the local, national and international levels to launch and sustain the National Network of the Internally
Displaced Persons and the Stakeholders’ Forum in Kenya.

The IDPs in this region is a living testimony of how such a community can mobilize itself and sufficiently
address their issues according to the above mentioned expectations due to the following:

1. The community has revived itself and developed more interest and curiosity in the CAI project
   contrary to the previous situation where they seemed disorganized, disinterested, disconnected and
   complacent in articulating their course.
2. This community is very clear, bold and consistent in articulating issues of their concerns – from the
   human rights and welfare perspective. This is well highlighted in their plan of action and series of well
   attended human rights rallies in flash and strategic areas within Nakuru such as Bahati, Laikipia, Molo
   and Enoosupukia. In these rallies, the local leadership is usually in charge of facilitation and logistical
   arrangements with minimal support from KHRC.
3. They have reconstituted their leadership structures taking into consideration the gender and
   intergenerational equity, active participation of members and the need for sustainability of this
   initiative at the grassroots level.
4. The community has identified and collaborated with other key actors within the human rights,
   religious, political, governmental and developmental quarters. This has expanded the scope and
   effectiveness of the Campaign Against Impunity
5. They have unrivalled advocacy skills in engaging with the identified actors. For them the concerns of
   IDPs are political issues hence requiring political approach. In this regard, they have threatened to
   invade farms owned by President Mwai Kibaki and the retired President Daniel Moi if their demands
   are not met. The leadership in these committees has in fact grown into social movements with stakes
   and command in the politics of Subukia, Molo and Naivasha constituencies
6. To play safe politics and advocacy in addressing their problems, the Nakuru region has recognized the
   need to hide under the pulpit by using the religious platforms under the Catholic Church and National
   Council of Churches of Kenya
7. In the stakeholders forum, the active participation and determination of the IDPs and their respective
   actors is a positive indicator that the action plan adopted by the stakeholders forum for implementation
   at regional and national levels would be realized within the specified time frame.


Impunity issues in need of consideration in the Campaign Against Impunity

      The rights of squatters and survivors of arbitrary evictions and other displacements
      Human rights violations of children and women
      The rising insecurity/crime, mob violence, arbitrary arrests and extra-judicial executions
      Mindless displacement of hawkers and kiosk owners without adequate notice and alternative
       measures. This amounts to criminalisation of poverty
      Liasing with the Workers Rights Watch in addressing oppression and exploitation in working
       environments.
CONCLUSION
The Campaign Against Impunity team is out to ensure enhancement of accountable human rights centred
governance amongst state and key-non-state actors through strengthening human rights
communities/groups; liasing with various actors in the human rights struggle and capturing/exposing
impunity in its complex and diverse manifestations
i
 This team is tasked to manage the activities enumerated below under the KHRC Advocacy Program during the period 1st January 2004 – 31st
March 2004.

a)   The march for justice
b)   The stakeholders forum
c)   Field visits for IDPs in their respective areas with a view to evaluating their preparedness of the official launch of the National Network
     for IDPs
d)   Launching the National Network for IDPs in Kenya.
e)   Media based advocacy, outreach and other publicity methodologies/strategies in addressing the IDP related issues.
f)   Participating in the caucus lobbying for the establishment of a Truth, Justice and Reconciliation Commission in Kenya
g)   Any other activity that is incidental to addressing the emerging issues on Transitional Justice and the rights of IDPs in Kenya

These activities will be guided by the objectives, strategies and schedules provided for in concept papers generated and series of preparatory
meetings.

In undertaking the said activities, this team is guided by certain terms of reference

				
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