World Habitat Day - 2013, Nairobi Kenya.

Background

The United Nations general assembly has declared the first Monday in October to be world habitat day. This is a time to recognize the basic need for adequate shelter in a world where it is lacking for so many.It is a day of grassroots action to advocate for universal decent housing and the basic human right to adequate shelter.

Amnesty International has worked for many years on Economic Cultural and Social Rights in Kenya. Amnesty International’s work in Kenya has, since 2009, mainly focused on addressing Human Rights Violations that Drive and Deepen Poverty especially within the context of adequate housing rights of people living in the slums and informal settlements. This campaign particularly focuses on addressing human rights violations in slums with the goal to have residents of slums and informal settlements live in dignity and with security.

Amnesty International Kenya focuses on the right to adequate housing and in particular campaign to end forced evictions through documenting widespread violations in the slums and  working with communities to empower them to take action and hold those responsible for forced evictions to account.

A public hearing in Kenya on 7 October 2013

This year to mark World Habitat Day, 7 October 2013, Amnesty International Kenya launched a report on forced eviction following a research conducted in Deep Sea and City Carton. The report was titled, “WE ARE LIKE RUBBISH IN THIS COUNTRY”.

Amnesty in partnership with residents from among other informal settlements including, Kibera, Korogocho, Mathare, Mukuru, City Carton and Deep Sea communities also held a large public hearing to present testimony. The table below provides detailed information on attendance by various groups on world habitat day.

The testimonies were presented before a jury of regionally and internationally recognised experts, jurists and prominent Kenyan individuals. The jury comprised of Pricilla Nyokabi, Patrick Lumumba, Grace Maingi, Her Royal Highness Queen Nanahemma Awindor of Ghana and Her Royal Highness, Queen Jennet Kem of Cameroon.  The jury presided over the testimonies presented and conclude with a statement that was shared publicly for the Kenyan authorities to hear, and in-turn urged them to fulfil their obligation to protect all her citizens from forced eviction.

Below please find the verdict:

“From the testimonies we have heard we have identified a number of violations that have occurred and continue to occur. As the jury panel we note with grave concern the rampant and inhuman treatment of persons within informal settlements and thank the men and women who have had the courage to speak here today. In our verdict we have highlighted the violations of the Kenyan Constitution, international and regional human rights instruments and acknowledge that the government has a framework within which to ensure protection of its citizens. We however note the lack of legislation to guide evictions and resettlements.

We note with appreciation that the Kenyan constitutional court in its decision in the Muthurwa case has ruled that all evictions must be humane and in accordance with the law and that it has required the Attorney General to develop and file guidelines before any evictions are effected.

ISSUES RAISED

Violations that we as the jury panel have identified include:

1.         Violation of the right to adequate and accessible housing and reasonable standards             of sanitation;

2.         Violation of the right to human dignity;

3.         Violation to the right to freedom and security;

4.         Violations of the right to access to information.

Most of these violations have adversely affected women, including the pregnant and very old, persons with disabilities and children, the most vulnerable in our society. Kenya has a number of frameworks to rely on to protect its people that should promote the respect of the above mentioned rights. These include the Constitution of Kenya 2010, international and regional human rights instruments that have been ratified as well as court decisions.

PREVENTION MEASURES

Recognizing the negative impact and consequences of forced evictions on the individuals, families, communities and the society as a whole, we;

1. We call upon the Kenyan government to speedily enact the Evictions and Resettlement  Bill 2012;

2. We call upon the government to clearly demarcate land that is not for human settlement so as to avoid unwanted settlement;

3. We call upon the government to address the root causes of slum development within the country and put in place mechanisms to address the issues;

4. We call upon the government to establish a development plan which has a human face  and set up a complaints mechanism for persons who are forcibly evicted.

RESPONSIVE MEASURES

We as the jury panel call upon the following actors to address this matter as follows:

The Kenyan Government

1. We call upon the Kenyan Government to compensate and resettle victims of forced evictions in Kenya.

2. We call upon the Kenyan Government to stop all planned evictions until a legal framework is in place to ensure protection and observation of human rights.

Interested Stakeholders

1. We call upon landowners to open channels of communication with persons inhabiting their land well before evictions occur in order to seek alternative means to address the situation.

2. We call upon the European Union and other development partners involved in development work in Kenya to observe human rights principles.

CONCLUSION

In conclusion we appreciate and commend the resilience of all those affected and we assure them that they are not alone. We call upon you, the affected, to continue to strive for observance of your rights which include human dignity. We however call upon government at levels to immediately intervene and provide the basic humanitarian services needed for the affected. These should include food, clothing water, shelter and their health and sanitation needs. “

This is the decision of the jury panel. Delivered on the 7th of October 2013.

In addition there was a photo exhibition to showcase the plight of those living in the informal settlement. The photo graphs gave an insight into what life is in the slums, especially after a forced eviction. The photos were a collection from different slums in Kenya that have gone through the demolition of houses and forced eviction.

The public hearing in Nairobi was part of global actions that AI will be holding in various countries in solidarity with Kenya calling on the enactment of eviction and resettlement law. Other follow up activities include, a women’s march planned for the 10^th of October 2013, global signing of petitions among others.