The overall objective of this project is to contribute in eradicating all forms of torture, ill treatment and violation of human rights within the criminal and juvenile justice systems in Kenya. This shall be done by specifically strengthening HRDs and National Security Organs through promoting structural reforms against torture and other cruel, inhuman or degrading treatment within detention and custodial facilities and within the Countering Violent Extremism - CVE program. In the implementation of this project, the following organizations are involved: CEFA, LRF, FARAJA, KITUO, KNCHR, Probation Department and the Prison Department.
Methodology.
The project shall adopt a 7 dimensional transformation strategy. At the core of the strategy is adopting a Human rights based approach on the whole project. To begin with, there shall be a multi-level and integrated approach to ensure that actions are designed to achieve a sustainable outcome. Based on the extensive experience of dome of the partners, the project shall include a Legal, Policy and Structural Reforms approach as well as a Research, Capacity Building and Skill Transfer approach. Also, to ensure that the project achieves maximum publicity, Mobile Phone Technology shall be used and this include social media and SMS lines. Where reports are given of torture and other cruel, inhuman or degrading treatment, the project shall incorporate a Victim’s Remedy, Rehabilitation and Reintegration approach to ensure that the persons affected can seek justice and help accordingly.
Lastly, the project shall incorporate a Monitoring, Evaluation, Accountability and Learning (MEAL) model which shall ensure that there is a mechanism to measure the development, strength, weakness and success of the project.
Description of Activities.
- Mapping and community baseline survey.
A survey coordination committee will be established comprising project partners, associates and relevant state agencies survey and contracted statisticians. The activities include:
- Draft the context specific questionnaires complying with the GoK research regulatory agencies.
- Review the survey results.
- Formulate recommendations to input into advocacy training and sensitization activities, and incorporate risk reduction measures.
- Desk review of current researches (UNDOC research on VE 2016 and other documents, KNCHR, OHCHR and LRF.)
- Training on monitoring, preventing and accountability to HRDs, Independent Policing Oversight Authority- IPOA, and Court Users Committees- CUCs, Paralegals (community and prisoners) and to the law enforcement agencies.
This shall be done through provision of dynamic refresher training based on prohibition of torture and other forms of human rights violations, to familiarize the officers with the legal and other regulatory prescripts and skills set to apply a progressive and rights based approach to incarceration and policing. Specific activities include:
- Training on EWRM to prison and probation officers.
- Dissemination and popularization of 1000 copies of the existing KNCHR Suspects manual under CVE.
- Improvement and updating of Capacity Building Curriculum and Pilot Training Modules for Security Agencies on violence reduction and human rights practices.
This shall be done by developing a pre-service capacity building curriculum and pilot training modules in the following areas: EWRM, UNSMRTP, UNCAT, CVE, GBV, refugee rights and disability within the justice system, children and gender desks, reproductive health rights in prison, children accompanying their mothers in prison, LGBT and intersex persons in the justice system. Specifically, the Commission shall:
- Have 12 meetings and 3 workshops.
- Recruitment of Consultant
- Stakeholder workshops for review current pre-service curricula and training modules
- Draft and Review of harmonized draft cross cutting curricula and training modules
- Publication, launch and dissemination of harmonized curricula and training modules.
- Training the media on investigations, reporting and accountability monitoring
The Commission seeks to strengthen the journalists’ capacity in documentation, data collection and accountability monitoring. The specific activities include:
- Recruitment of Consultant to develop a training manual.
- Development of the manual.
- Training of 80 journalists.
- Lobby for HR journalists network.
- Support management and coordination for the several national security organs, HRDs and Witness Protection Agencies on prevention and EWRM and UNCAT implementation.
The Commission seeks to complement the ongoing reforms agenda by advocating for HRBA, systematic coordination between service headquarters and field stations and lastly, multiagency coordination and improvement of institutional facilities. Specific activities include:
- 10 workshops for HRDs and Witness Protection Agencies.
- Quarterly Project Steering Committee (Heads of Consortium Agencies) Forums with Stakeholders (NCTC, IPOA, NPS, PD, KPS, NCAJ)
- Quarterly meetings of 4 “Inter-Directorate Human Rights Technical Team” (KPS, NPS, PD, Judiciary)
- Bi-annual workshops of 4 “Inter-Directorate Human Rights Technical Team” (KPS, NPS, PD, Judiciary)
- Up scaling Toll Free SMS Short Code Number (22359) for Reporting Torture and Human Rights Violations.
This toll-free line will be crucial in providing a platform where information shall be collected as well as shared to Kenyans on matters of CVE and torture. The specific activities include:
- Re-launch of the existing short code and bulk SMS No. 22359 under KNCHR
- Conduct awareness campaigns of the SMS platform using IEC materials
- Enrol 10000 community members on the KNCHR SMS platforms.
- Monthly data analysis
- Publication and dissemination of CVE and Torture Trends on a bi-annual basis
- Interagency networking and strengthening Referral Mechanisms between legal and health services under the existing structures of the Kenya National Commission Human Rights.
KNCHR will strengthen the networking and referral mechanisms between legal and health services for victims of torture and degrading treatment by developing a protective network and personal safety net cover though convening 10 regional consultative meetings/trainings in 5 hotspot areas. The specific activities include:
- Conduct sensitization on the link between the NSCVE and the duty of legal and health professionals as citizens towards victims of Human Rights violations.
- To engage and facilitate Muslim Faith Based Organizations to dialogue on HRBA and faith base approach on countering violent extremism.
- Facilitate Consultative forums to review the efficacy of laws and policies on CVE within the legal and health professional sectors.
- Provision of equipment and improvement of infrastructure in detention facilities and police stations.
This action foresees an infrastructural component aimed at improving the living condition and the vocational and rehabilitation programmes in juvenile institutions, probation hostels, police stations and prison facilities. The specific activities include:
- Need assessment/mapping of target institutions in collaboration with the relevant CJS agency.
- Field site visits with relevant stakeholders.
- Procurement process.
- Installation works/construction and commissioning.
- Periodic monitoring visits to assess utilization of infrastructural equipment installed/supplied.
- Advocate for regulations of Reparation Fund and supporting CSO agenda for identification of victims.
The purpose of this fund is to offer relief to the victims and survivors who have suffered past human rights violations and other historical injustices. The specific activities include:
- Hold 16 Community consultative meetings in 13 counties with victims’ groups of historical injustices and facilitate documenting and submission of reparation claims to the Historical Injustices Board.
- Hold 6 advocacy meetings to lobby with other CSOs for the formulation of regulations governing the Reparations for Historical Injustices and Victims Protection Funds under the umbrella of the KTJN.
- Supporting shadow reporting on UNCAT.
The specific activities include:
- 10 consultative multi-level workshops in Kenya.
- Production of progress review document.
Expected outcomes.
- Prevention of Torture, ill degrading treatment
- Increased Individual Officers’ and Agency’ Accountability for Perpetration of Human Rights Abuses.
- Improved general conditions of detention facilities
- Increased Access to Justice
- Improved Victims’ Reparation, Rehabilitation and Reintegration
- Improved Coordination
- Improved Case Documentation and Evidence Preservation
- Better Understanding of Court Trial Process
- Enhanced role on public awareness
- Improved public confidence in security agencies
- Humane treatment of VE suspects