April23, 2015

TheObservatory for the Protection of Human Rights Defenders, a joint programme ofthe International Federation for Human Rights (FIDH) and the World OrganisationAgainst Torture (OMCT), has received new information and requests your urgentintervention in the following situation in Kenya.

Descriptionof the situation:

TheObservatory has been informed by reliable sources about the administrativeharassment of Haki Africa and Muslims for Human Rights (MUHURI),two human rights organisations, which advocate for constitutional means tocounter terrorism while also observing human rights.

Accordingto the information received on April 20, 2015, at approximately 2 p.m.,officers of the Kenyan Revenue Authorities (KRA) raided the premises of HakiAfrica in Mombasa and seized computers, hard disks, documents and financialfiles. The officers, who presented a court order and were accompanied by atleast four policemen, declared to be investigating on allegations of taxevasion.

Thesame facts happened on April 21, 2015, at approximately 11 a.m., in thepremises of MUHURI, where officers of the KRA presented a warrant mentioningcriminal investigation on possible tax evasion. In addition to seizingdocuments, they also dismantled the office server.

TheObservatory recalls that earlier on April 7, 2015, these two organisations hadtheir accounts frozen[1].This followed their listing as “Entities Suspected to be Associated withAl-Shabaab” by the Kenyan Government, in the aftermath of the terrorist attacksin Garissa.

Furthermore,the Observatory denounces the administrative harassment against Haki Africa andMUHURI, which seems to merely aim at preventing them from carrying out theirlegitimate human rights work, and calls on Kenyan authorities to put an end onit.

Finally,the Observatory reiterates its concern regarding theshrinking space imposed by the Government to the Kenyan civil society,following the inclusion of several organisations, among which also Haki Africaand MUHURI, on the official list of terrorist entities as well as the freezing of their bankaccounts. Our organisations call for a prompt revision of suchlist, in order to guarantee full freedom of association for NGOs that aremerely carrying out human rights activities.

Actions requested:

Please write to the authorities ofKenya, urging them to:

i. Put anend to any kind of harassment – including at the judicial level – against HakiAfrica and MUHURI, their members, as well as all human rights defenders inKenya so that they are able to carry out their work without any hindrances;

ii. Removeimmediately and unconditionally MUHURI and Haki Africa from the terrorism listand lift immediately any freezing or restriction of the activities of theseorganisations;

iii. Guaranteein all circumstances the physical and psychological integrity of the members ofHaki Africa and MUHURI, as well as of all human rights defenders in Kenya;

iv. Complywith all the provisions of the United Nations Declaration on Human RightsDefenders, in particular with its Article 1, which provides that “everyone hasthe right, individually and in association with others, to promote and tostrive for the protection and realization of human rights and fundamentalfreedoms at the national and international levels”, as well as with Article12.2 (“the State shall take all necessary measures to ensure the protection bythe competent authorities of everyone, individually and in association withothers, against any violence, threats, retaliation, de facto or dejure adverse discrimination, pressure or any other arbitrary action as aconsequence of his or her legitimate exercise of the rights referred to in thepresent Declaration”);

v. Acknowledge the important role played by civilsociety in promoting tolerance in the struggle against violent extremism andensure an enabling environment in which human rights defenders and civilsociety can operate free from hindrance and insecurity;

vi. Moregenerally, ensure in all circumstances the respect for human rights andfundamental freedoms in accordance with the Universal Declaration of HumanRights and with international and regional human rights instruments ratified byKenya.

Addresses

· Hon. Uhuru Kenyatta, President of the Republic ofKenya, State House, Statehouse Road, P.O Box: 40530 00100, Nairobi, Kenya.,Fax: +254-020-2436, Email: president@statehousekenya.go.ke

· Hon. William Ruto, Deputy-President of the Republic ofKenya, Office of The Deputy President, Harambee Avenue, P.O. Box 74434 - 00200Nairobi, Kenya., Tel: +254 20 3247000/1/2/3/4/5, Email:dp@deputypresident.go.ke

· Hon. Joseph Nkaissery, Interior & Coordination ofNational Government, Harambee House, Harambee Avenue, P.O Box 30510,00100Nairobi, Tel: +254-20-2227411, Email: ps.interior@kenya.go.ke

·Commissioner of Police, Kenya Police Headquarters,Vigilance House, Harambee Avenue, P.O. Box 30083, Nairobi, Kenya, Tel:+254-020-341411/6/8, Email: commissioner@police.go.ke, complaints@police.go.ke

· Commissioner Kagwiria Mbogori, Chairperson, KenyaNational Commission on Human Rights, Fax: +254-020- 2716160 E-mail haki@knchr.org

· H.E. Mr. Stephen Ndungu Karau, Permanent Mission of Kenya to the United Nations inGeneva, Av. de la Paix 1-3, 1202 Genève, Switzerland, Fax: +41 22 731 29 05,E-mail: mission.kenya@ties.itu.int

· H.E. JohnsonWeru, Embassy of Kenya in Brussels, 208 av. W. Churchill, 1180 Uccle, Belgium,Fax: + 32 2 340 10 50 / + 32 2 340 10 68. Email: kenbrussels@hotmail.com

Pleasealso write to the diplomatic representations of Kenya in your respectivecountries.

[1] See the Observatory's Joint Press Statement,April 14, 2015.