A Human Rights Defender's Perspective

THE BELOW ARTICLE WAS PUBLISHED IN THE WEEKEND EDITION OF THE STAR NEWSPAPER - 5/04/2014 SATURDAY, APRIL 5, 2014 - 00:00  --  BY BEMIH KANYONGE IMPOVERISHED: Refugee women wait for food rations at Dadaab camp. The government?s newest encampment seems to care little about the dignity of refugees. Photo/File The massive use of force by the government, often to kill innocent people, violates several provisions of the constitution. And its treatment of refugees violates Kenya’s obligations under international law. Ever since it came in power, the government has shown no respect for the rule of law. Article 2 proclaims the supremacy of the constitution. Anything done outside the constitution is void. No one can claim or exercise authority that is not recognised by it. Article 10 emphasizes two of the key national values of leadership and governance: the rule of law and good governance. The senseless killing of innocent people at the hands of criminals in the Coa...

The African culture is a very welcoming one. Going back ages, Africans are known to be best at offering a shoulder to their neighbors in times of adversity. In Kenya for example, foreign nationals tend to feel comfortable fast and assimilate more easily than when Africans relocate or even visit Europe or the Americas. It is therefore no surprise that Kenya hosts one of the largest refugee camps in the world. It is not just about our proximity to conflict prone countries or the economic advantages we are likely to get as development partners come in to assist with the issues, but more importantly an appreciation of the importance of protecting the dignity of these neighbors in their greatest hour of need – a concept that sadly immediately disappears once a conflict breaks out. Neighborliness aside, the willingness to host gives birth to certain obligations internationally recognized and respected. The fact that the Kenyan Parliament saw if fit to make legislation in the form of...