KNCHR PUBLISHES A REPORT ON THE SITUATION OF HUMAN RIGHTS DEFENDERS WORKING TO ADDRESS VIOLENCE BASED ON SEXUAL ORIENTATION AND GENDER IDENTITY IN KENYA
The Kenya National Commission on Human Rights has published a new report documenting the situation of human rights defenders in Kenya working to address violence based on sexual orientation and gender identity. The report is titled 'TheUndefended Defender: The Situation of Human Rights Defenders Working towards Addressing Violence based on Sexual Orientation, Gender Identity and Expression in Kenya: A Focus on Kisii, Garissa and Kajiado.' Among the key findings of the report is that human rights defenders working to address violence based on sexual orientation and gender identity face a myriad of challenges which include: harassment, rejection by family, destruction of property, loss of life, forceful eviction, discrimination, detention, torture, defamation, loss of employment, denial of freedom of movement and difficulty in obtaining legal recognition for their associations. The forms and categories of rights violations constitute a consistent pattern in the three Counties and could provide a glimpse into the general picture of the situation faced by HRDs in the country. The identified challenges and violations are also linked to the continued criminalisation of consensual same-sex conduct.
The report documenting the situation of human rights defenders draws inspiration from Resolution 275 of 2014 of the African Commission on Human and Peoples Rights, calling on state parties to the African Charter on Human and Peoples Rights to end violence and abuse targeting persons based on their imputed or real sexual orientation or gender identities. The resolution further calls on state parties to the African Charter on Human and Peoples Rights to 'ensure that human rights defenders work in an enabling environment that is free from stigma, reprisals or criminal prosecution as a result of their human rights protection activities including the rights of sexual minorities.'
The publication of the report is part of a broader strategy of the Commission to advocate for the creation a safe and enabling environment for human rights defenders in line with the Commission's strategic plan (2018-2023) and the Marrakesh Declaration on expanding civic space and promoting and protecting human rights defenders.
Human rights defenders play a critical role in safeguarding democracy and ensuring that societies remain open, pluralistic and in line with the rule of law. The defence of human rights, either individually or in association with others, is a legitimate activity necessary to secure communities full enjoyment of their rights.
For more information concerning the report, contact us at haki@knchr.org