Government's systematic attack on civil society

Statement from NGOs in Kenya

The Kenyan Civil Society champions a society based on good governance, respect for rule of law, human rights, open dialogue, and democracy. We thought, and have worked with government on the assumption that it too shared our vision of Kenya. This vision continues to drive our efforts and work. We are therefore appalled by the threats and violence that the Kenya government has employed in the last few months towards civil society, particularly those working around issues of Human Rights, land rights, corruption and good governance. This trend is not only of great concern but must be brought to light, resisted and STOPPED.

Some of the actions on the part of government that have led us into making this statement include, but are not limited to:

• Systematic harassment of civil society organisations, like the Kenya Land Alliance, Catholic Diocese of Kitale, Osiligi, Waso Trust and MPIDO, that have attempted to mobilise the victims of historical injustices in land to document the said injustices and seek redress thereto;
• Violent disruptions of lawful activities of Kenya Land Alliance, including the launch of its policy briefs in Mombasa in October 2004;
• The violent disruption by the Kenya Police of a peaceful procession on WTO issues in Ukunda on 3rd March 2005 where several civil society members were arrested and later arraigned in court;
• The violent disruption by the Kenya Police of the peaceful processions by the Yellow Movement demanding for enactment of a new Constitution on 15th March 2005;
• The disruption of the Kenya Human Rights Commission processions and subsequent arrest of 5 civil society members demanding for the repeal of the Official Secrets Act and enactment of a right to information law on 18th March 2005;
• The breaking into the offices of the Independent Legal Medical Unit (IMLU) offices where 9 computers and 1 Laptop holding crucial information on torture and abuse by State agencies were stolen. We conclude that it is the information that was targeted since other valuables were left untouched;
• The cancellation of the community based organisation Osiligi’s certificate of registration and subsequent freezing of that organisation’s bank accounts on the flimsy pretext that they had altered their objective from being a self-help group to campaigning for Maasai land rights;
• Attempts by government to cripple Kenya Land Alliance financially by asking their donors to withhold funding. It is instructive that a Minister found it prudent to stoop to the level of personally demanding project proposals by KLA from its donors;
• The recent action by government to deny renewal of work permits of the Director and two Danish staff members of the Danish Association for International Cooperation (MS Kenya) on the allegations that they are supporting “subversive” activities of land rights organisations such as Kenya Land Alliance, Osiligi, Waso Trust and MPIDO;
• The current mobilisation of the Kenya Revenue Authority to inspect the books of Kenya Land Alliance in spite of the fact that the organisation has dutifully complied with tax returns requirements, which we consider to be an act of intimidation. 

After witnessing these backward and draconian actions against civil society, we have come to the conclusion that this government is not only a reluctant reformer but is actually hell-bent on reversing the little gains that the people of Kenya have made in opening the space for citizens’ participation in policy-making, good governance and social justice.

We now find it difficult to continue lending credibility to this fraud of national reform processes like the Governance, Justice and Law reform programme (GJLOS), and the National Land Policy Formulation process when members in the forefront of mobilising citizens’ meaningful input into these processes have been targeted for harassment, intimidation and persecution. In particular we note that the government has always reacted repressively to any real challenges by civil society on the crucial issue of land reform. We do recall that Kituo cha Sheria was petrol-bombed in 1995 for highlighting land-grabbing at the Coast, a crime that still remains unsolved.

We cannot help noting that the NARC government was elected on a reform platform and its current approach to civil society is remarkably reminiscent of the KANU regime in its tyranny, intolerance and paranoia.

In view of the foregoing, civil society is consulting with a view to fundamentally reassessing our engagement with all the above mentioned processes. It has become clearly evident to us that, under the present circumstances, such participation can have no value other than public relations for a government hell-bent on winding back the clock of reforms in all aspects of our national life.

We fear that the silence by donors on government claw back of reform amounts to a silent sanctioning of this retrogression. If mounting repression is not confronted and stopped NOW, we fear that attacks on civil society and dissenters will intensify as the elections draw nearer.

We therefore:

• Demand the immediate cessation of harassment and intimidation of civil society.  
• We demand that the criminal cases currently ongoing in Makadara, Kwale and Nairobi courts against civil society activists on the WTO be immediately terminated.  
• Demand a cessation of the criminalisation of legitimate dissent. 
• Demand the restoration of the registration of Osiligi.  
• Demand the immediate return of the computers and information belonging to the Independent Medico-Legal Unit and a complete investigation of this crime.  
• Demand the unconditional renewal of the permits of the MS-Kenya staff.  
• Demand that government cease speaking from both sides of its mouth on reform and issue a clear statement on its mode of engagement with civil society.  
• Demand that donors to the National Land Reform Policy process, GJLOS, and other reform programmes insist in all their agreements, joint statements and interactions with government that it adheres to the rule of law, and demonstrate genuine commitment to the reform agenda. 

Issued at Nairobi this Thursday, 12 May 2005