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Legalbrief   |   your legal news hub Monday 25 November 2024

UNHRC role a lifeline for Kenya?

Kenya was among several African countries elected to the United Nations Human Rights Council (UNHRC) last month. The country’s bid for a seat attracted criticism from local and international civil society organisations because of its poor human rights record. The Kenya Human Rights Commission and Muslim Human Rights expressed dissatisfaction with what they described as the government’s gross human rights violations, unlawful killings, abductions and police brutality. In a Daily Maverick analysis, Valtino Omolo, Zenge Simakoloyi and Tem Fuh Mbuh note that these actions contradict Kenya’s 2010 Constitution and the Kenya National Commission on Human Rights Act, both of which emphasise the protection and promotion of human rights. ‘The government’s recent response to protests against the 2024 Finance Bill reportedly saw police involved in the abduction of about 65 people and the illegal detention of close to 1 400 – some suspected of being demonstrators. These incidents underline ongoing concerns about burdensome economic policies, oppressive taxation and discriminatory practices. Kenya is not the only country with a contentious human rights record to be elected to the UNHRC, but its inclusion could invite further international scrutiny. Council member Spain, for instance, was accused in 2022 of violating the political rights of former members of the Catalan government and parliament by suspending them before they were convicted after the 2017 independence referendum. Given that Kenya officially joins the UNHRC in January 2025, the election serves as both an opportunity and a challenge. The new role mandates the country to promote and protect human rights globally, while addressing its human rights record at home.’ The authors note that by improving domestic human rights issues, Kenya can show its determination to fulfil its responsibilities on the council.