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Human Rights Committee reviews Kenya on its implementation of the International Covenant on Civil and Political Rights

    Human Rights Committee Reviews Kenya On Its Implementation Of The International Covenant On Civil And Political Rights:

The United Nations Human Rights Committee (Committee) has just released its Concluding Observations and Recommendations following Kenya’s review on its compliance with the International Covenant on Civil and Political Rights (ICCPR). Kenya was reviewed by the Committee on the implementation of the ICCPR (4th periodic report) between the 9th and 11th March 2021. During the review, the Kenyan delegation was questioned on its implementation of the ICCPR. The review focused on, among other things: the status of ratified treaties in Kenyan law, efforts made to combat corruption, sexual and gender-based violence, trafficking in persons, and access to justice for victims of crime. The review also looked into: the status of women, children, refugees and asylum seekers; the abolition of the death penalty;  and the steps taken by the state to address complaints of extrajudicial executions, enforced disappearances and torture and ill-treatment by security officials.

The Commission submitted two reports detailing the status of implementation of the ICCPR and a statement providing an overview of the two reports submitted. The Commission, led by the Chief Executive Officer and Commission Secretary, Dr Bernard Mogesa (PhD, CPM), engaged in a dialogue with the Committee on the 8th March 2021. At the dialogue, the Commission apprised the Committee on the status of implementation of the ICCPR. The Commission proffered recommendations on how to mitigate challenges experienced in the implementation of the ICCPR. Some of the recommendations made include:

  • Strengthening the financial resources of the Commission and fast-tracking appointment process of Commissioners
  • Implementation of the Truth Justice and Reconciliation Report and operationalization of the restorative justice fund
  • Promotion of gender equality in elective and appointive positions by implementing the two-third gender rule
  • Promotion of accountability for complaints of extrajudicial executions, sexual and gender-based violence in elections, enforced disappearances, and torture and ill-treatment by security officers through investigations and prosecution.

In the concluding observations, the Human Rights Committee has urged Kenya to, among other things: fast-track the appointment process of Commissioners at the Kenya National Commission on Human Rights Commission; combat corruption and promote good governance; address discrimination by adopting comprehensive anti-discrimination legislation; promote gender equality and implement the two-thirds gender rule; strengthen its institutional and legal framework to address domestic violence; address cases of extrajudicial executions, enforced disappearances, torture and ill-treatment; and implement the truth justice and reconciliation report.

Kenya became a state party to the ICCPR on 1st May 1972, committing to protect the civil and political rights of all Kenyans. The rights contained in the ICCPR have been domesticated in chapter four of the Constitution of Kenya, 2010. The ICCPR requires Kenya to report on the measures it has taken to implement her obligations under the ICCPR.

For more information on Kenya’s review by the Human Rights Committee, contact us at haki@knchr.org


Documents to download

Categories: Press Statements
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