A Human Rights Defender's Perspective

I n regional news, The East African Court of Justice (EACJ) can now handle crimes of international proportion such as genocide, crimes against humanity, terrorism and war crimes following endorsement by East African Community Heads of State. The extension of the Court's mandate was made during the EAC Heads of State Summit in Nairobi, Kenya, last week, that was held under the theme, " Deepening and accelerating integration: Towards Political Federation ." The EACJ is the judicial body of the East African Community (EAC). The Court has jurisdiction over the interpretation and application of the East African Treaty of 1999. The Court   does not have competence to hear individual complaints of alleged violations of human rights law.   The Treaty for the Establishment of the East African Community sets out in  Article 27 that, “The Court shall have such other original, appellate,  human rights  and other jurisdiction as will be determined by the Council at...

YouTube Video Recording of the Play 'Shackeles of Doom' Courtesy of WTV There was a huge uproar in support of and keelhauling the 'controversial' play by Butere Girls high School. The period during which the issue came up is quite significant. It was the 'let us keep the peace and move on' period. A period when any utterances questioning, dissenting or raising concern about things going wrong was immediately categorized as hate speech and gagged. A period Gathara's World refers to as the return of the 'Republic of Fear' . What got me even more exasperated was the castigation of the Media house that first aired the story, a condemnation of both the school and the playwright, and the apparent uniformed support for the Kenya National Drama Festival's unprocedural, unconstitutional and in my opinion cowardly decision to ban the play on the basis that it would "put national cohesion and integration in danger."  Petition 192 of 201...

Inter-American Court of Human Rights Case of Claude-Reyes et al. v. Chile , Judgment of September 19, 2006 ( http://www.corteidh.or.cr/docs/casos/articulos/seriec_151_ing.pdf ) Par. 91 - The restrictions imposed must be necessary in a democratic society; consequently, they must be intended to satisfy a compelling public interest. If there are various options to achieve this objective, that which least restricts the right protected must be selected. In other words, the restriction must be proportionate to the interest that justifies it and must be appropriate for accomplishing this legitimate purpose, interfering as little as possible with the effective exercise of the right. Par. 92 - The Court observes that in a democratic society, it is essential that the State authorities are governed by the principle of maximum disclosure, which establishes the presumption that all information is accessible, subject to a limited system of exceptions. European Court of Human Rights ...