Académique Documents
Professionnel Documents
Culture Documents
Contents
Page
Acronyms 4 Foreword 5 Where we come from: In the beginning 6 Why we exist: Our goal 8 Who we are: Our Identity Statement 8 What drives our agenda: Institutional Philosophy 8 Where we work: Our coverage 8 What guides our work: Our strategic focus 9 What we are doing: Our projects 10 Our case study of the year: Polluted Justice 10 Where we are now: Organizational Capacity 13 What we have been trained on: Staff skills 16 What our target clients and partners think of us: Our niche and outlook 17 What has been reported about our work: HURIA in the News! 18 Where we want to be: Institutional Improvement Plan 19 Who we work with: Our Partners 19 How much funding we have received: Financial Status 20 What has been our challenge 21 Our Human Resource: Team HURIA 22 Summary of OCA scores 23 HURIA in the news 24 Press Clippings 26 How to reach us: Our contacts 27
Celebrating 1st Anniversary 3
Acronyms
HURIA USAID ACT KTI OCA LICODEP KNCHR FIDA NTA ICPC EAHRGGP TOO FOG Human Rights Agenda United States Agenda for International Development Act Change Transform Kenya Transition Initiative Organizational Capacity Assessment Likoni Community Development Programme Kenya National Commission on Human Rights Federation of Women Lawyers National Taxpayers Association International Centre for Peace and Conflict East African Human Rights and Good Governance Platform Target of opportunity Fixed Obligation Grant
Foreward
his publication marks an important milestone for the Human Rights Agenda (HURIA) in its pursuit for justice at the Coast of Kenya. It is meant to celebrate the first anniversary of the organization since its formal commencement in November 2012 with a view to profiling a 12 months struggle of the organization in its efforts to curve a niche for itself in the human rights discourse in the country. It further seeks to demonstrate the commitment, passion and unrelenting drive of few young human rights activists who worked from scratch with little donor funding amidst peer competition and disparagement to endure with the pursuit for social justice and human rights at the Coast. It also seeks to illustrate the gains the organization has been able to realize within the first year of its existence. This is only the first step to our short but testing journey hitherto. The true test of our devotion to defending human rights is just beginning. Its been 360 days of an unmatched struggle characterized by disparagement and competition amongst peers, threats and intimidations as we seek to right wrongs. As a new entrant into the discourse, our journey has been driven by optimism and the zeal to be the best. We have tried not to falter; we have made missteps along the way. But we discovered that consistency to purpose is the key to success. We have taken a moment here to celebrate, to reflect on our voyage, to look back on the distance we have come. But we can only rejoice for a moment, for with rights come responsibilities, and we dare not linger, for our struggle has just begun. We recall with compassion our early months into the formation of HURIA, our great interest to us as an organization looking into the future, will be how to take this struggle to higher heights in the years to come, to make HURIA the chief vanguard in championing the rights for all. As we celebrate our first anniversary of existence, we wish to particularly extend our deep and sincere gratitude to our partners KTI and Act! who granted us our maiden funding with a lot of confidence and trust despite our nascent status. A special tribute is owed to Husna Abdallah Mbarak, Ramadhan Bungale, Khadija Abdallah, Nathaniel Mtunji and Dr. Steve Ouma for their emotional support and guidance. We appreciate the massive coverage of our work accorded by the fourth estate at the Coast. We equally salute the partnership hand accorded to us by our true friends and colleagues at LICODEP, NTA, Ujamaa Centre, FIDA,KNCHR,ICPC,KHRC to mention but a few. Undoubtedly, our success this far is indebted to our staff and Board of Directors: Team HURIA; Khalid Mansur, Dickson Shaban, Eric Mgoja, Betty Sidi, Alex Nziwi, Esther Sidinyu, Joan Nthenya, Julius Mutimba and Benjamin Hanjari for their unconditional inputs. We owe these milestones to ourselves, the people we serve and our beloved families whose courage and undivided support remain our source of inspiration. It is our hope that this short publication will not only tell the story of our one year milestones but also agitate and motivate many amongst our immediate and potential partners to impartially and unwaveringly support our agenda for human rights and social justice at the Coast and beyond.
ince independence, a whisper of discontent and anger has been simmering softly amongst communities at the Kenyas Coast. Blown by the feeling of continued oppression and marginalization by successive governments, the whispers manifested high levels of apathy amongst the coastal communities. However, on 27th August 2010, the promulgation of Kenyas new Constitution marked a critical juncture in its history. It provided a major paradigm shift from a system of extreme exclusion and marginalization to a system that anticipated putting emphasis on inclusion and participation of all sectors of the society in the affairs and benefits of governance. Devolution was at the heart of the new Constitution and a key vehicle that drove to its overwhelming endorsement by over 67 percent of voters at the coast during the 2010 referendum. Kenyans from all walks of life anticipated a new beginning envisioning a dramatic transformation of the Kenyan state through new accountable and transparent institutions, inclusive approaches to government, and a firm focus on equitable service delivery for all Kenyans through the newly established county governments. From one perspective, it was anticipated that the system would offer the potential to redress perceived ethnic, corruption and political bias by giving local communities far greater control over resources and decisions about service delivery. However, from another perspective, there were fears that it could potentially undermine national unity, by encouraging fragmentation of the state along partisan lines or by decentralizing corruption, leaving citizens worse off if local elites are able to capture resources to the detriment of the majority, or if newly established counties fail to put in place the systems needed for effective and transparent service delivery. After the first general election under Kenyas new constitutional dispensation, Kenyas system of government and public administration was to be profoundly remodeled. Indeed, devolution had generated high hopes and expectations and it was imperative that it does not fail. Nonetheless, it was inevitable that teething problems would be encountered during the transition. It is inevitable that things would not always go according to plan, and that implementation would reveal problems which were not anticipated. The breadth of the transformation made it imperative to consider clearly what these changes will involve, and how best to prepare for them. Against the high expectations, the above uncertainty and perceived challenges perpetuated the feeling of alienation characterized by calls for secession by a local group called Mombasa Republican Council. The group has to date been agitating for the rights of the Coastal people citing grievances ranging from historical injustices, unemployment, landlessness, and other forms of inequalities and human rights violations. Exacerbated by ignorance and apathy, MRC makes the local communities believe that the only means of salvaging themselves is through secession from Kenya where the communities would then be able to manage their own resources and run affairs independently. As a response to the above dictates of the new constitutional order since devolution had awesomely generated
high hopes among Kenyans, it was imperative that it does not disappoint. It is in light of the foregoing that a group of seasoned human rights activists and concerned citizens came together to create Human Rights Agenda (HURIA) as an additional platform with a view to empowering coast communities particularly the youth and marginalized groups to take advantage of opportunities offered by the new constitution and to effectively participate in county governance and public affairs. HURIA, the organizations acronym is a swahili word synonymous to freedom. The formation of the organization hence signifies the inauguration of a novel struggle by coastal people in pursuit for greater realization and equal enjoyment of fundamental human rights, advancement of social justice and freedoms as enshrined in the Constitution of Kenya, other laws and the international human rights instruments. The organization strives to witness the dusk to the long culture of impunity, corruption, bad governance and the dawn of a new culture of accountability, transparency, rule of law and human rights consciousness.
O H H T
8
f great interest to us an organization is to advance the greater realization and equal enjoyment of fundamental human rights and freedoms, social justice and promotion of capabilities as enshrined in the Constitution of Kenya, other laws and the international human rights instruments. We draw our mandate from the Public Benefit Act of 2013 as a legally registered entity originally registered under the NGO coordination Act no. 19 of 1990 vide registration number OP.218/051/12-089/8201.
uring this period, HURIAs work was guided by three thematic agendas drawn from its draft Strategic Plan. The thematic agendas form the organizations critical areas of concern and were also confirmed during the launch of our strategic planning in June 2013.While the organization is still in the process of finalizing its strategic plan, the work undertaken during this period was guided by the following strategic objectives:
Thematic Agenda I: Human Rights, Social Justice and the Rule of Law
Under this thematic agenda, the following are the strategic objectives: Strategic Objective 1: To stimulate social action and empowerment of active citizenship to advance respect for the rights of all. Strategic Objective 2: To improve access to justice for poor and marginalized groups and communities at the Coast region. Strategic Objective 3: To improve access to Economic, Social and Cultural Rights (ESCR) for poor and marginalized people under the devolved governments at the coast region Strategic objective 4: To improve participation of citizens and marginalized groups in governance, management and utilization of public and natural resources
Strategic Objective 5: To develop the institutional and financial capacity of HURIA to become a vanguard and sustainable human rights defender at the Coast
HURIA
has been implementing two important projects within its areas of operation. The first project is on Social Media Advocacy. This project sought to empower alternative voices for social media in dealing with hate speech, ethnic and secessionist chat in Kenya. The project initiated meaningful discussions online and through its trained social media activists/ monitors posted information in social media sites that sought to encourage peaceful co-existence and human rights education online. The project has this far established an expansive social media network reaching out to many young persons positively influencing their online behavior. (Insert the newspaper clippings on social media besides text if possible) During this period, HURIA has also been implementing a Corporate Accountability and Environmental Justice Project that seeks to empower local communities to demand for social, environmental and corporate accountability. Specifically, the project seeks to ensure communities living in Kaloleni and Rabai areas of Kilifi County enjoy their right to a clean and healthy environment amidst health hazards posed the operations of Athi River cement Company Limited. (Insert newspaper clippings on environmental justice besides text if possible) Despite the fact that HURIA did not have any funds at its inception, the organization was also involved in voter education during the electioneering period before the 2013 general election and election monitoring during the elections. Our staff worked on voluntarily basis during this period. HURIA also initiated debates between various candidates vying for different positions in Kwale, Kilifi, and Mombasa counties during the electioneering period. This enabled voters to make informed preferences during voting.
The struggles for environmental justice by local communities living in Rabai and Kaloleni in Kilifi County started as early as 1990s. The struggles were against the health and environmental hazards posed by communities as result of emissions from a cement manufacturing company which had set up a processing plant in the area. This is a period when either Environmental Impact Assessments were not mandatory or therefore possibly not done. The emissions from the factory released pollutants that are known to cause various illnesses. The Cement
10 Celebrating 1st Anniversary
Manufacturer had constantly refused to put in place any measures to address the situation. Government institutions mandated to enforce environmental legislations were not helpful either. The community was not able to defend itself against such grave dangers either due to lack of understanding of the causes of their ill health (as a result of lack of scientific research establishing a relationship between the emissions and the illnesses) or a feeling of helplessness when the adversary was a for profit corporation with massive resources at its disposal. Through funding from ACT, HURIA conducted a scientific study aimed at establishing a direct causal link between the emissions and recurrent respiratory related illnesses that the community had suffered. Cognizance of the previous attempts by other civil society groups to address the situation that had not yielded the desired results, HURIA anchored its approach on three pillars. These pillars included a massive awareness campaign on environment and human rights, research and advocacy. The intervention is aimed at empowering and organizing the local communities to demand for social and environmental accountability from the Cement Manufacturing Company. The project specifically advocates for the Company to comply with health and safety regulations by ensuring that it does not emit pollutants into the atmosphere. Through this project, HURIA is also seeking to have the government body mandated to enforce the environmental laws under EMCA 1999 discharge its responsibility and enforce compliance by the company on environmental laws and regulations. The third approach is to enhance the understanding of the current environmental legislations to both the community and the cement manufacturer in order to foster harmony and better understanding of preventive measures against possible health hazards related to the factory emissions and companies mining activities as well as educating the wider community to empower them to monitor impacts of the cement manufacturing company activities in their environment. As a result, communities are now able to identify and speak out openly on the environmental hazards and health problems facing them. The community has further involved Key stakeholders including the Public Complaints on Environment, the parliamentary select committee on environment and natural resources, the Commission on Administrative Justice, National Environmental Management Authority (NEMA) and the County Government of Kilifi. The stakeholders have been compelled through the intervention to take some critical steps towards addressing the problem. As at mid-August the matter is now before the National Assembly and has been committed to National Assembly Departmental Committee on Environmental and Natural Resources committee for investigation and the report is to be submitted to the house within 60 days. HURIA also works with the media, to ensure that the matter is brought to the attention of the duty bearers. Journalists with knowledge on the subject matter are targeted to assist in the publicity based on the scientific evidence from the Health survey conducted by a team of medical and environmental experts commissioned by HURIA with funding from ACT. Further, the data will be utilized for dialogue, litigation and advocacy efforts.
Celebrating 1st Anniversary 11
The use of scientific data by HURIA is a classic case of evidence based advocacy. As of 3rd October, 2013, the PCC had already released there report of the findings. Further to the above, towards the end of November 2013, the report on the impact study of the cement company operations in its neighborhood conducted through the project had also been published. To this end, the project has presented very important lessons and critical issues of reflection in that for any advocacy campaign to succeed; the community must understand the essence of the struggles to ensure effective participation, ownership and sustainability.
12
As illustrated in the chart above, HURIAs external relations and programmatic management has reached the integration Phase. This is the mature phase of the organizations life when production is at its peak and sustaining the organization is a high priority. At this stage, the primary concern is how the momentum can be sustained. Characteristically, the organization is very stable, yet the same stability may make it stale as concerns for procedure slow creativity and growth. The OCA for HURIA was conducted on 30th September and 1st October 2013 at Lotus Hotel in Mombasa. The purpose of the OCA was to assess the organizations capacity in 8 different capacity areas including 1) Governance, 2) Organizational Management, 3) Financial Resources, 4) Human Resources, 5) Administration, 6) Program Development and Management 7) Performance Management (MERL) and 8) External Relations. An organization goes through four different phases of development which are Pioneer, Differentiation, Integration and Associative. These phases of development can be equated to the following score ranges on a scale of 1(lowest) and 5(highest):
Celebrating 1st Anniversary 13
14
15
Score Range 1.0 - 2.0 2.1 - 3.0 3.1 - 4.0 4.1 - 5.0
Phase of Organization Development Pioneer Phase Differentiation Phase Integration Phase Associative Phase
ver the last 12 months, HURIA has benefited extensively from trainings and short courses in diverse organizational development and programmatic areas. These trainings have significantly helped to build staff capacity in implementing its core activities. Noteworthy to mention amongst the organizers of the trainings are SOMO, Protection International, The National Coalition of Human Rights Defenders and KTI/ USAID.
MONTH December 2012 June 2013 July 2013 August 2013 August 2013 October 2013 October 2013 November 2013 November 2013 November 2013 TITLE OF TRAINING Social Media Advocacy and Monitoring Environment and Human Rights Awareness Gender Based violence Devolution Knowledge Management on womens and property rights Security management for Human Rights Defenders Advanced Training on Business, Human Rights and Grievance Mechanisms Human Rights Monitoring and Documentation Basic Resource Mobilization and Proposal writing Leadership and Governance
16
What our target clients and partners think of us: Our niche and outlook
According to a survey done by Ipsos Public Affairs , HURIA was identified as one of the most active organization out of 51 groups in defending human rights at the Coast. Considering that the organization had physically been existent for less than 3 months at the time of the survey, the findings are an encouraging pointer to the future of the organization. HURIA thus seeks to use the data to improve on its visibility and interventions around at the Coast. Below are tabular and graphical illustrations of the rating. Groups (51) Total Mombasa Kwale Kilifi Tana River Lamu Taita-Taveta MRC 53% 63% 52% 55% 39% 50% 43% MUHURI 19% 31% 15% 17% 6% 24% 7% CIPK 8% 15% 7% 5% 4% 9% 2% HURIA 3% 5% 4% 2% 1% 5% 1% Shungwaya Welfare 2% 3% 1% 1% 1% 12% Kituo cha Sheria 2% 4% 1% 1% 1% 3% Other 2% 6% 1% 2% 1% 5% 5% Dont know/ No response 38% 23% 43% 37% 58% 38% 54%
Source: Ipsos Public affairs Kenyan Coast Survey 2013
Groups Perceived as "Defending the Rights of Coast People": by Total
MRC MUHURI Council of Imams and Preachers Huria (Human Rights Agenda) Shungwaya Welfare Kituo cha Sheria Other DK/None RTA 1% 3% 2% 2% 2% 37% 8% 19% 53%
17
According to two organizational capacity assessments done by KTI and Act on the middle and end of the organizations first anniversary respectively, HURIA was found to be a promising organization at the Coast. Following a capacity assessment conducted by KTI on 29th May 2013, HURIA overall rating was termed as moderate as per the Management Control Assessment Tool (MCAT) scoring 56.38%. This assessment was done exactly 6 months into the first anniversary. The overall conclusion of the assessment was that the organization is small but has potential of becoming a big civil society with good systems that can attract donor funding due to the background of the staff who have worked in recognized civil society receiving multiple donor funds.
What has been reported about our work: HURIA in the News!
In the last 12 months, HURIA has featured prominently in the mainstream print media. The media reports demonstrate how the organization has quickly shaped up its image in the discourse with an average at of least 3 articles being featured every month for 10 months consecutively. While the trend reveals a drop in the media coverage, it is worthy to note that the organization was in a critical phase of organizational development which warranted delicate balancing to see it move forward stably. The following graphical illustrations show the patterns of media reporting. Graphical illustration of HURIA Coverage between November 2012 to November 2013
18
About Act:
Act! is a Kenyan NGO whose mission is to enable citizens and communities in Kenya and neighboring countries to live a life of dignity by strengthening individuals and organizations to be effective agents of positive change. It was registered in 2001 and for the last 10 years it has been carrying out this agenda with plenty of results across the country. Some of the changes include strengthening the capacity of more than 200 civil society organizations in Kenya, Southern Sudan and other countries in Africa. Act! focuses on peoples aspirations and their goals for high quality of life. We work with them to achieve this by facilitating a shared development approach.
About KTI
The Kenya Transition Initiative (KTI) was adopted by the U.S. Agency for International Development (USAID)s Office of Transition Initiatives (OTI) to help Kenya restore its position as an anchor of stability in the Greater Horn of Africa region. The adoption was done in the wake of flawed national elections and resulting interethnic violence in 2007, Kenyas February 2008 peace accord and power-sharing agreement afford Kenyans the political framework around which they can begin to rebuild their country. the Kenya Transition Initiative Program (KTI) is helping to renew the nations confidence and capacity in addressing instability, political marginalization, and violence through assistance in reducing tensions and by enabling economic, political, and social recovery,.
19
Overwhelmingly, the organization received coverage through print media in all mainstream newspapers in the country. HURIA staff also received recognition through invitations to key meetings by diplomatic partners such as the embassies of the US and Sweden. More than anything else, the organization was able to document its key activities during the year through publication of two reports and a video documentary on the struggles for supporting restorative justice at the Coast.
21
1 6 3
0 26 11 46
22
Average scores 2.23 2.87 1.43 3.33 1.44 2.07 2.51 2.89 2.13 2.62 2.77 2.47 2.70 1.92 2.29 1.69 2.89 2.18 2.25 2.55 1.89 2.02 3.18 3.05 3.31 3.22 3.68 3.40 3.20 1.63 4.00 3.42 2.40 2.70 1.47 3.02
OD phase Rational
Rational
Rational
Rational Rational
Integration
Integration
Rational
23
Nation Correspondent Daily Nation Elias Yaa The Star Elias Yaa Lina Benyawa Lina Benyawa Amina Kibirige Jacob Elkana Bozo jenje Lina Benyawa Bozo Jenje Elias Yaa Elias Yaa Lina Benyawa The Star The Standard The Standard Daily Nation The Star Saturday Nation The Standard The Standard The Star The Star The Standard
Amina Kibirige Daily Nation Nation correspondent Daily Nation Philip Mwakio The Standard Martin Mwita The Star Elias Yaa The Star Martin Mwita The Star Rebbeca Okwany Daily Nation Bozo Jenje Taifa Leo
24
Date Monday, 1st April,2013 Wednesday, 3rd April, 2013 Wednesday, 3rd April, 2013 Monday,8th April, 2013 Tuesday, 9th April,2013 Wednesday,10th April, 2013 Thursday, 11th April, 2013 Monday, 29th April, 2013 Monday,29th April,2013
Title of Article
APRIL 2013 Group raises concern over worsening 22 security in Coast Lobby groups to monitor Kwale; Kilifi CDF teams 9 Lobby says no to demos ban 9 Release Tana probe report, pleads lobby 15 Rights group wants findings of inquiry released 37 Lobby groups want land issue solved 13 Kisauni activist recovering in Mombasa 10 Rights group condemns MPs 10 Lobby demands new CDF teams 20 MAY 2013 Friday, 3rd May, 2013 Atwolis KRA graft claim criticized 20 Monday, 6th May, 2013 Kilifi villagers blame police 10 Thursday,9th May, 2013 Groups ask MPs to resign over pay 18 Thursday,9th May, 2013 Lobby groups back Serem 11 Monday, 20th May, 2013 Award for social media 10 Tuesday, 21st May, 2013 Lobby against senate retreat 19 JUNE 2013 Sunday,2nd June, 2013 Residents want beach access roads opened 22 Monday, 3rd June,2013 Group calls for CDF audits 12 Tuesday, 4th June 2013 Groups threaten to protest over CDF 22 Wednesday, 5th June, 2013 Lobby opposes changes to Police Bill 23 Friday, 7th June, 2013 Probe composition of CDF teams, says lobby 10 JULY 2013 Monday,1st July, 2013 Group to probe firm on pollution claims 12 Monday,8th July, 2013 Groups accuses firm of heavy pollution 20 Tuesday,9th July 2013 Group wants audit on factory 12 Sunday, 28th July, 2013 Do not rush into mining rare earth ore, 22 government told AUGUST 2013 Monday, 5th August, 2013 House team to probe cement makers operations 10 Thursday, 15th August, 2013 Rights group pushes for fast tracking of 22 mining Bill Saturday, 24th -30th August, 2013 Huria backs proposed Minerals and Mining Bill 5 SEPTEMBER 2013 Tuesday,3rd September 2013 Rights activists want ministers powers in 23 mining Bill reduced Friday, 6th September 2013 Lobby seeks changes to Mining Bill 25 Tuesday, 10th September 2013 Coast Leaders speak out on the Hague cases 8 October 2013 Thursday, 31st October 2013 Lobbies oppose MCAs demands 12 NOVEMBER 2013 Monday, 4th November 2013 Police shoot squatter in Kilifi evictions riot 13 Wednesday, 6th November 2013 Probe ordered for Kilifi factory emissions 11 Celebrating 1st Anniversary
Brian Otieno The Star Elias Yaa The Star Galgalo Bocha Daily Nation Philip Mwakio The Standard EliasYaa/ Lornar Kerubo The Star Brian Otieno The Star Elias Yaa The Star Nation correspondent Daily Nation Mwakwera Mwajefa Daily Nation Elias Yaa The Star Lina Benyawa The Standard Elias Yaa The Star Elias Yaa The Star Mwakera Mwajefa Daily Nation Bozo Jenje Sunday Nation Elias Yaa The Star Nation correspondent Daily Nation Lina Benyawa The Standard Nation correspondent Daily Nation Elias Yaa Bozo Jenje Elias Yaa Bozo Jenje Edwin Mutai Bozo Jenje Tobias Chanji Amina Kibirige Lina Benyawa Patrick Benyawa Brian Otieno Elias Yaa Elias Yaa The Star Daily Nation The Star Daily Nation Business Daily Daily Nation The Counties Business Daily The Standard The Standard The Star The Star The Star
25
Press Clippings
The Star 28th Friday Dec. 2012 Pg10 The Standard 28th Friday Dec. 2012
26
27
www.humanrightsagenda.org
28