Community Networks namely; Muungano Wa Wanavijiji; The Youth Congress, Nairobi People’s Settlement network and Kutoka Network supported by Hakijamii and one of its donors, KIOS held a linking and learning exchange visit on land, housing and eviction campaign in Nairobi at St. Joseph Catholic Church Sinai on 1^st November 2011.

Security of tenure has for many years been taken for granted by successive governments resulting in endemic cases of forced evictions especially of the urban poor. Forced evictions in Kenya have been used as a way of oppressing and often result into violations of a number of human rights. It is for these reasons that the need for a strong national grassroots movement to stop the practice is a key component of Hakijamii’s advocacy work.

Through sharing and learning grassroots urban advocacy groups are able to forge sustainable solidarity and build a strong constituency that is able to compel policy makers to respond to their needs.  The exchange visit enabled the community groups to share their experiences and deliberate on the way forward on the issues of forced evictions and other human rights violations linked to the right to adequate housing in their respective regions. The meeting attracted media coverage and the deliberations were aired by KTN TV during its 9 pm news on the same day. Through such activities community voices and concerns are given wider visibility and their rights get recognition in the national political debates.

The rally   was attended by four hundred and sixty participants from urban informal settlements in Nairobi. Participants were drawn from some of the most vulnerable groups including persons with disability, the elderly and youth. Out of the total participants   224 were female and 236 male. A petition by the participants was presented to the various policy makers who were present at the meeting. These included officials from the Ministry of Housing, The Ministry of Internal Security and Provincial Administration, and National Environment Management Authority (NEMA). In the Petition the participants demanded, among others, for the immediate adoption and implementation of the Eviction and Resettlement Guidelines and operationalization of the National Land Commission.

This was yet another clear example that the marginalized groups are becoming key actors in claiming their rights. The participants vowed to follow up on the commitments made by the various duty bearers to ensure implementation. They also resolved to name and shame those who do not fulfill the promises and also the offices that are reluctant to attend such meetings in the future.

In its continued efforts to meaningfully contribute to the implementation of the Constitution, Hakijamii and its community partners and other civil society groups organized a campaign rally at Ufangamano House-Nairobi on the 12^th day of October 2011. The main objective the activity was to remind the Government of its obligation to ensure that adequate measures are put in place for the progressive realization of the right to adequate housing, water and sanitation and speed up land reforms in conformity with the Constitutional provisions.

The rally   was attended by four hundred and sixty participants from urban informal settlements in Nairobi. Participants were drawn from some of the most vulnerable groups including persons with disability, the elderly and youth. Out of the total participants   224 were female and 236 male. A petition by the participants was presented to the various policy makers who were present at the meeting. These included officials from the Ministry of Housing, The Ministry of Internal Security and Provincial Administration, and National Environment Management Authority (NEMA). In the Petition the participants demanded, among others, for the immediate adoption and implementation of the Eviction and Resettlement Guidelines and operationalization of the National Land Commission.

This was yet another clear example that the marginalized groups are becoming key actors in claiming their rights. The participants vowed to follow up on the commitments made by the various duty bearers to ensure implementation. They also resolved to name and shame those who do not fulfill the promises and also the offices that are reluctant to attend such meetings in the future.

participants at Olive Gardens in Nairobi

On 25^th and 26^th October 2011 Hakijamii organized a meeting to develop a community-driven monitoring and evaluation tool with various stakeholders to test the applicability of the Nairobi City Water and Sewerage Company (NCWSC) social tariff in Kibera and Mukuru. The intended use of the tool is to test the standards of use of the social tariffs in terms of charging and to get recommendations on the tariff regulations.

The outstanding achievement of the activity was that a guided questionnaire was developed which will be used to come up with a fine tool to be used in monitoring and evaluation in the water sector which can not only be used by community members but also various stakeholders in the water sector like the service providers and water vendors.

A lot of information on water related issues was also shared across the board which was very empowering for all participants.

The objectives of these sessions were to assist participants to understand and appreciate accountability and integrity both at the national and international levels;  identify accountability and integrity issues in the education sector at all levels and how they are currently being addressed at the community ,school management, Civil Society , Government and donor levels; identify gaps and opportunities for community groups to promote rules, accountability and enforcement systems that would  deal with malpractices in the management and administration  of education and to build consensus on specific recommendations(proposed rules, accountability measures and enforcement )

The participants developed clear recommendations aimed at improving accountability and integrity in primary school management. They resolved to undertake follow up measures that would promote accountability and integrity and reduce cases of corruption in the use of resource and school management. 

Participants who took part in the forums

Participants were called upon to identify some of the immediate leadership, governance and capacity gap issues and come up with suggestions on how to address them. An action plan was developed to address areas of collaboration and networking, internal reporting, membership contributions, accountability and transparency as well as effective use of information, communication and technology in human rights’ advocacy.  They plan to use the knowledge gained in this training to improve their internal leadership mechanism and fundraising for the organization.

Attached is the budget proposal as presented by KISORA on June 23, 2011: The people’s budget

 The case, filed by a community of over 1,000 residents in Garissa, Kenya, seeks to have the government enjoined from evicting petitioners from a piece of land they have been occupying for several years. The case orders that the petitioners be provided with emergency alternative housing, shelter/accommodation, food, clean and safe drinking water, sanitary facilities and health care services; relevant information on the status of adjudication, demarcation, registration and ownership of the land in question; written information exhibiting the decisions and reasons for demolition of homes and structures, the evictions, eviction notices, court orders and/or any other written authority authorizing the demolition of their  homes and written information exhibiting any efforts/steps by the Respondents in providing alternative housing and/or shelter for the Petitioners.

 On 28^th February 2011 all the above orders were granted pending the hearing of the application inter partes. On the 20th of June 2011, the six organizations were granted leave to join as amici in the case. To date they have already filed their submission and are only waiting for the hearing date to be fixed. They are being represented by Odindo Opiata of Hakijamii. The case raises interesting issues of law particularly with respect to the positive orders being sought and the ruling is likely to have far reaching implications for the enforcement of economic and social rights under the country’s new Constitution.

 July 6, 2011

 Members of ESCR-Net (the International Network for Economic, Social and Cultural Rights) working through the Adjudication Working Group have been given leave to intervene in a High Court case involving forced evictions in Medina Location, Municipal Council of Garissa, Kenya. 

 The petitioners (applicants) in this case were evicted and had their homes demolished in December 2010, rendering them homeless without the provision of alternative land or housing.  Due process protections – adequate notice, the ability to make representations to challenge the eviction, or the opportunity for meaningful participation in decisions related to the eviction – were not provided. The eviction resulted in households being forced to relocate to areas with no access to free and compulsory basic education for children or to other essential services.  Livelihood opportunities were compromised, affecting the rights to food, water and sanitation, and health care.

 Kenya has recently concluded a constitutional revision process which has resulted in economic and social rights being explicitly included in the revised Constitution, including: protection of right to property, right to housing and sanitation, right to adequate food of acceptable quality, clean and safe water in adequate quantities.  In addition, under international law – the focus of the collective intervention by ESCR-Net members – forced evictions and the attendant violations to the rights to food, water, sanitation, and education are prohibited under the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the African Charter on Human and Peoples’ Rights (African Charter), both ratified by Kenya. 

 ESCR-Net member, Economic and Social Rights Centre (HAKIJAMII) in Kenya has taken the lead in representing the victims in this case. Odindo Opiata, Director of Hakijamii, noted “the intervention by some of the leading international organizations on economic and social rights litigation has given a crucial impetus to the implementation of the Bill of Rights under our new Constitution. There is no doubt that the immense knowledge accumulated over many years by the organizations has provided a unique opportunity for the Kenyan judiciary to chart new ground in  economic and social rights jurisprudence”.

 As a global network seeking economic and social justice through human rights, the Adjudication Working Group of ESCR-Net is seeking to support emerging cases on economic and social rights where collective intervention can bring important international pressure and support.  The ESCR-Net members working together on this intervention include: Socio-Economic Rights Institute (SERI), Community Law Centre (CLC), Global Initiative for Economic, Social and Cultural Rights (GI-ESCR),  Centre for Economic and Social Rights (CESR),  Centre for Equality Rights in Accommodation (CERA), Social Rights Advocacy Centre (SRAC), and Malcolm Langford.

Here is a related article on this case and the collective intervention: http://www.standardmedia.co.ke/InsidePage.php?id=2000037338&cid=4

Q: What are your priorities right now?

A: Our housing rights campaign has been narrowed down to trying to come up with a legal framework to prevent forced evictions . . . The majority of people we’re working with are faced with this immediate threat.  Se we felt that, before moving on to more comprehensive issues around their rights to housing, we needed to find a way of preventing the daily threats they were facing.

Q: How do you work with people directly affected by eviction?

A: We’re very clear that we’re collaborating with people who are already struggling for their rights – so we’re not doing it for them or taking over their struggle.  We don’t want to present ourselves as ‘rescuers’ of people . . . You need to remember that, in a country like Kenya, oppression doesn’t prepare people to take forward issues in an involving and accountable way.  Their only experience is lack of accountability.  We don’t shy away from addressing this issue.  We don’t say, “This is the sort of leader you need to be.” Instead, we help people to work through and address these issues for themselves.

Q: What are the key attributes of successful campaigning?

A: I would never say that we’re successful!  There’s still so much that we have to do.  But of all the attributes, old-fashioned human trust and good faith are key.  You have to campaign in that way.

Read the interview in its entirety:  Ready for Action – Save the Children

Download NPSN petition: NPSN RIGHT TO FREE BASIC EDUCATION PETITION

Download KISORA petition: KISORA EDUCATION ISSUES PETITION

Download Right to Basic Education Bill: Conceptual and Theoretical Issues: RIGHT TO BASIC EDUCATION Background

Download the Draft Education Bill: DRAFT RIGHT TO BASIC EDUCATION BILL, 2011-29 JUNE

The conference noted that human rights defenders face challenges as they carry out their work; some of the challenges target their institutions, while others target the human rights defenders themselves.

It is against these challenges that the conference noted that the rights of human rights defenders need to be protected against the aggressors, by taking practical measures, which include training human rights defenders on protection and management of their own security.

The conference discussed the protection and security management mechanism for HRD. This subject discussed a number of steps to undertake to ensure the security of the human rights defenders. The conference resolved that given the importance of the subject, all Kios partners who have not been trained on this subject must be trained.

Sari Naskinen (Kios), Honorary Consul of Finland to Uganda: Mr. Richard Mugera, Ms Elisa Mikkola (Executive Director-Kios) and Elijah Odhiambo (programme director-Hakijamii), pose for a photo after the conference on 5^th May 2011

A clip from Good Fortune showing a Soweto Forum meeting on the slum upgrading project.

Soweto Forum can be seen in the award winning documentary Good Fortune.   Good Fortune explores how massive, international efforts to alleviate poverty in Africa may be undermining the very communities they aim to benefit. Through intimate portraits of two Kenyans battling to save their homes from large-scale development organizations, the film presents a unique opportunity to experience foreign aid through the eyes of the people it is intended to benefit.

On the outskirts of Nairobi, Silva’s home and business in Africa’s largest squatter community  (Kibera) are being demolished as part of a United Nations slum-upgrading project (KENSUP).  In the rural countryside, Jackson’s farm is being flooded by an American investor who hopes to alleviate poverty by creating a multi-million dollar rice farm (Dominion Farms).

Interweaving meditative portraits of its characters, Good Fortune examines the real-world impact of international aid. With a broad scope and intimate style, the film portrays gripping stories of human perseverance and suggests that the answers for Africa lie in the resilience of its people (movie synopsis taken from http://www.goodfortunefilm.com/).

During the film Silva (one of the two main characters) visits Soweto Forum, a community partner of Hakijamii, that fights for the rights of residents of Kibera.

If you have Netflix click here to watch Good Fortune instantly.

Between the 28^th of September 2009 and 1^st of October 2010 Hakijamii and the Ministry of Lands’ Land Reform Transformation Unit organized a retreat for the members of the Task Force that is developing the national guidelines/ legislation on forced evictions. The Task Force has been in existence since 2006 but received an impetus when the new Constitution was finally promulgamated in August 2010. The Constitution for the first time now entrenches economic and social rights including the right to housing. During the retreat that was attended by representatives from key Government Ministries, Kenya National Human Rights Commission, Amnesty International, Kenya Land Alliance Centre on Housing Rights and Evictions ( COHRE) and grassroot organizations,  a final draft was agreed upon and is now being finalized to be presented to the Minister of Lands who will in turn table it before the Cabinet for approval. Once adopted, the legislation will go along away in making it very difficult for both state and non-state actors to carry evictions without following very clear and strict procedures based on international standards. The proposed legislation also provides effective remedies for victims of forced evictions. Plans are underway to initiate sustainable lobbying efforts to ensure that the legislation is passed as soon as possible.

The waste from Dandora Dumpsite has led to poor sanitation for the people residing in Dandora settlement (slum)

A visit to the Dandora dump site in Nairobi, one of Africa’s largest waste dumps, reveals the unsanitary conditions to which the poor living next to the dump are exposed. Dandora, located in a low-income residential area about eight kilometers (five miles) east of Nairobi center, is the main dumping site for most of the solid waste generated by the people living in Nairobi. Health experts have warned residents of the hazards of working in and living near the dump site. For years now, the community, Civil Society Organizations, and Faith Based Organizations have asked the Government to do something about it. Dumping at the site is unrestricted leaving industrial, agricultural, domestic and medical wastes (including used syringes) scattered all over the site. Plastics, rubber, lead paint treated wood, and poisonous chemicals are just some of the hazardous items on the dumpsite.

The Nairobi River is located right next to the dump and some of the waste makes its way into the water, which carries these environmental and health hazards to communities near the dump. Downstream people use the water to irrigate food products which end up making their way to the dinner table. Every day, scores of people, including children, from the nearby slums and low-income residential areas use the dump to find food, recyclables and other valuables they can sell as a source of income. As they pick over the garbage, they are inhaling the noxious fumes from routine waste burning and methane fires. As a result people, including children, living nearby have been suffering from respiratory diseases caused by the burning of trash in the dump.

There has been a lot of talk about cleaning up the dump site, but when you visit you can see that the talk hasn’t led to any significant action. Is anyone doing anything?

Masai Women voting on the new constitution. Photo taken from Washington Post.com.

Kenyans, a journey to the uncharted commences. You have decided the future of generations and generations to come. But foremost, I must commend you for demonstrating maturity in exercising your democratic rights in an atmosphere of peace and tranquility. It is now imperative for the political leadership and all stakeholders of this beloved nation, Kenya, the people, to seize the opportunity and turn a new leaf of facing the realities of constitution implementation. The laborious and time consuming national duty — of lobbying, talking, campaigning and voting — is over. The next is learning to live with the new order, restructuring the Government, actualizing reasonable expectations of the electorate and resolving the fears associated with the new constitution. It’s also time to prevent the old wine from mixing with the new wine.

Pupils at a school in one of Nairobi's informal settlements.

For a long time now, the urban child has been considered to be more likely than a rural child to realize the dream of fully participating in school. This has mainly been attributed to what is commonly known as the “urban advantage”. This “urban advantage” is associated with increased access to facilities such as schools in urban areas.

Recent work documenting population health in urban and rural areas has begun to suggest that some sections of the urban population do not benefit from the “urban advantage”. For example, a child in an informal settlement (slum) of Nairobi is more likely to suffer from diarrhea than a child in rural Kenya. In addition, a child from the richest household in the slums is more likely to suffer from diarrhea than a child from the poorest family in rural Kenya.

Data from focus group discussions collected in the slums of Nairobi provide the context for discussion. The results suggest that school enrollment is higher in urban non-slum than in urban slum areas, and is higher in slums than in rural areas at younger ages. However, this is only true up to age 9 for females and 11 for males, from which school enrollment for slum children declines and the rate of decline is faster than among their rural counterparts.

The corresponding ages at which the enrollment among the rural children begins to visibly decline are 13 years for males and 14 years for females. Factors contributing to these results point to the poor quality of primary schools in slums, limited access to secondary school for slum children, disabling environment at home, increased child labor, and increased vulnerability to coercion into sexual activity and other ills that hinder school participation.

Author: Anne Aketch Ogada

A group at a education meeting in Starehe constituency (district).

Hakijamii is currently facilitating meetings in all 8 of Nairobi’s constituencies (districts) to discuss, create awareness, and recruite members to advocate for the right to education in the people’s settlements (slums).  Education conveners are chairing the meetings and are planning a national public rally for the 30^th of September, 2010 to provide a platform from which communities from the people’s settlements can voice out education issues that they feel are being under addressed by the Government.