LEADING INTERNATIONAL HUMAN RIGHTS ORGANIZATIONS GRANTED LEAVE TO JOIN LANDMARK PETITION

Leading international human rights organizations and experts have been granted leave to be joined as amici curiae in a landmark economic and social rights petition before the High Court of Kenya in Embu. These are Global Initiative for Economic, Social and Cultural Rights; Socio-Economic Rights Institute; Community Law Centre; Centre for Economic and Social Rights (Hakijamii); Centre for Equality Rights in Accommodation Social Rights Advocacy Centre; and Malcolm Langford Director of the Socio-Economic Rights Programme (Norwegian Centre for Human Rights, University of Oslo).

 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.

 

LANDMARK DEVELOPMENT AS GARISSA AND TANA RIVER COMMUNITY GROUPS FORM AN ADVOCACY NETWORK

Those who attended the exchange visit in Garissa

In its continued commitment to work with and support emerging popular democratic grassroot organizations throughout the country, Hakijamii supported seven representatives from Muungano wa Wanavijiji, Kutoka Network, Nairobi Peoples Settlement Network, Soweto Peoples’ Settlement Forum, Ngazi Ya Chini and Miss. Koch (all based in Nairobi) for an exchange visit to Garissa. Garissa is one of the new areas where Hakijamii has identified as requiring urgent attention because of the historical marginalization that people from that area have been subjected to not only by successive governments but even civil society organizations. Because of its close geographic proximity to the Coast Province it was felt that it would make sense to bring together groups from both Garissa and Tana River. Following an initial training session, it was decided that an exchange visit be organized to allow Nairobi groups to share experiences with their counterparts in Garissa.

The exchange visit took place on the 17th July 2010. The main objectives were:

1.To bring together community groups from Garissa, Tana River and Nairobi to share experiences and information regarding successes and challenges in their daily struggles.

2.To provide community groups from Garissa, Tana and Nairobi to discuss and share aspects of group governance with each other

3.Provide a platform for community groups from Garissa and Tana River to find ways of forming a network.

4.To identify common areas for future joint advocacy actions and campaigns.

At the end of the meeting that was attended by representatives of groups from Garissa and Tana River, a network was formed. An interim office was also inaugurated with Abdi Ali Abdi being elected the interim Chairman. The meeting was held at Madogo.

The network identified the following as its key objectives:

•To provide for platform for solidarity among different community groups

•To foster unity and networking among community groups and other non governmental agencies

•To coordinate development activities related within their communities.

•To mobilize resources so as to advance the group’s objectives

•To represent group members and community at large in local government and national government processes.

•To provide emergency responses to disasters, catastrophe or any humanitarian crisis.

•To raise the level of human rights awareness and engage in lobbying and advocacy.

This event is an important milestone in the quest for the establishment of a real national movement for human rights.

To Speak Of Being Left Behind

Garissa is the closest city to the Somalia in Kenya with a large Somali population, as well as a number of minority groups. According to Odindo Opiata, the Director of Hakijamii, the people living in this area are extremely marginalized, with few NGOs even working there. Much of the 10 percent of the country’s Muslim population lives in northeast Kenya.

Life here is worlds away from life in Nairobi. Dry, desert land is home to many pastoralists, camels roaming at every turn. The little agriculture that occurs must be done around the Tana River in Garissa. The small villages around Garissa town are spread out; houses are made of mud, many without electricity or running water.

This farm in the Wailwana community is located next to the Tana River. The river provides the necessary water to grow the crops but the farmers risk their crops being flooded.

A village in Wailwana, Garissa

Hakijamii is has just begun working with the community groups in this area, encouraging them to mobilize the same way as the Nairobi People’s Settlement Network in order to more effectively gain the government’s attention and claim their rights.

Though there are a number of community-based organizations (CBOs) in this area, we were able to meet with one, Nigateni, which was started by the Wailwana community (pop about 8,000). Nigateni, meaning “to speak” in the local language, was started when the community realized how far behind they were in development. “We have been left behind,” stated Ramadhan Divayu Babisami, the recently elected leader, or “king” as the community calls him.

Ramadhan Divayu Babisami, the elected "king" of the Wailwana community

During the few short hours we met with members of Nigateni, visiting their homes and watching traditional song and dance, the numerous problems they face became clear. In Kenya, the literacy rate is around 78%, though the locals in Wailwana estimated that their literacy rate was between 10 and 20%. Only one man from Wailwana had made it through university, ever. They recently sent the first woman from Wailwana to university, using pulled funds from members of Nigateni to pay for the school fees. Why is the literacy rate so low here? Once you make it past the 8^th grade, school fees skyrocket and most of the Wailwana community lives in poverty, subsisting on agriculture.

Additionally, one of the villages we visited in Wailwana is located right next to the Tana River. Villagers used to live along the river to have a water source nearby. From time to time, the river would flood and destroy crops and homes. The construction of dams for electricity proliferated in the 1980s, which exacerbated the flooding problem. Dam operators will open the flood gates as the water level rises, offering two days notice for farmers to pick up and move, leaving their crops and homes to be destroyed. The government has started relocating people due to the flooding, but so far has placed them on barren land in small mud houses with no electricity. At one of the relocation sites we saw, Sama Sama, residents were forced to walk 6 km or more each way to their crops and had no nearby water source.

Members of Nigateni are realizing they deserve basic human rights and are working to change their situation. The Wailwana community no longer wants to be “left behind” in terms of living conditions and access to basic services. Hakijamii hopes to bring the CBOs of the Garissa area, such as Nigateni, together so that they can create a strong network that will be heard across the country.

Halima, who serves on the Board of Directors for Nigateni, speaks of the the challenges that women face and what her hopes are for the community:

Author: Christy Gillmore first posted on her Advocacy Project Blog