Inclusivity is the key to battling terrorism

Kenya: Kenya has witnessed an upsurge in insecurity in the past four years, especially a sudden rise in terrorist attacks, inter-ethnic conflicts, cattle rustling, governance- and resource-based battles and gang attacks. Thousands of civilians and security personnel have died in this violence. This is a critical issue that must now be addressed comprehensively. As Kenya hosts President Barack Obama of the United States of America, the discussion on security is one that cannot be swept under the carpet.

Kenyans need to be safe in their homes and communities, and it is the government’s duty to safeguard Kenyans from terror. The absence of security threatens our enjoyment of other rights and freedoms as well. However, the government is failing to protect citizens against both internal and external aggression. Instead the government has adopted a response model premised on increasing government control and punishment, through military action and tougher security laws. Security operations have often been executed with total disregard for the rule of law and human rights as outlined in the constitution and other national, regional and international human rights instruments to which Kenya is a party. This is unacceptable.

A security response that ignores basic rights only risks making the situation worse as it alienates the very community that is instrumental in the realization of peace and security. Community members are a major source of crucial intelligence information, which means that a culture of mutual trust and confidence should be cultivated and nurtured.

A case in point is the state security agencies’ response following the heinous attacks in Lamu and Tana River counties in June and July 2014 that killed more than 87 people, including police officers. According to a report published jointly by the Kenya Human Rights Commission Human Rights Watch, the response both abused villagers and left them vulnerable to further attacks. The report also exposes gaps within the state security architecture such as lack of sufficient personnel, vehicles, and communication systems and the lack of a clear command and coordination structure during a multi-agency response situation.

Government and security agencies must first recognize that human rights and freedoms are key components to the achievement of sustainable peace and development even as they tackle insecurity. The constitution captures this well; “National Security shall be pursued in compliance with the law and with utmost respect for the rule of law, democracy, human rights and fundamental freedoms.” This is emphasis that enhanced national security and respect for human rights remain mutually inclusive principles and outcomes of good governance.

The government should also recognize and consider the recommendations in the report on the Tana and Lamu attacks as well as those by other nongovernmental groups. The victims of abuse in this case rarely report the security forces’ brutality because the police have threatened to detain them if they do. The victims have been sent away from government offices they relied on for assistance, leaving them helpless. Distrust in the justice system is cultivated when the government fails to handle any reports received from the abused.

The Kenyan government -- particularly the executive -- should start by acknowledging and publicly condemning these cases of blatant human rights abuse. Furthermore the relevant government officials should direct the security organs involved in the response to carry out in-depth investigations and hold the officers culpable of violations to account. The government needs to support agencies tasked with overseeing these operations, such as the Independent Policing Oversight Authority, with adequate resources to improve efficiency as well as the authority to take action in cases of abuse.

Collaboration with community and other relevant stakeholders is a sure step in the right direction for the government if it would like to address the root causes of the insecurity, conflict and instability – including radicalization of the youth to achieve a sustainable and comprehensive response to the runaway insecurity in the country. Deepening oppression - whether real or perceived -- and political exclusion of some communities combined with poverty present an increasingly dynamic threat to security.

There is a dire need for the government to apply strategic and rights-based approaches to deal with Kenya’s security crunch. A national forum that would include the widest possible range of nongovernmental groups and government agencies on the preservation of national security and protection of fundamental rights and freedoms is the best way forward.

Lillian Kantai is a programme advisor on security sector reforms with the Kenya Human Rights Commission