Marginalised groups push for new law

By Dann Okoth

Ibrahim Sankoro has been evicted from his home in Medina in Garissa County ten times in the past six years by the provincial administration and local municipal council.

The 53-year-old father of six has had to endure many nights in the cold and scorching heat in the open during day time as he grapples with the effects of the multiple evictions.

But as he arrived at St John’s Catholic Church in the lower reaches of Korogocho slums to join a horde of other community members in marking the World Human Rights Day, Sankoro wore an unusual smile on his face.

“It is with dignity and pride that I come here today to take stock of human rights development in the country,” Sankoro says as he casts an expectant glance at the dais where a group of youth are staging a comical play to highlight human rights issues affecting people living in slums and marginalised communities.

New voice

“Before my voice could not be heard but now I can speak for myself and be heard by the authorities, thanks to the work of human rights advocates and the new Constitution,” he says.

Today, Sankoro says he is happy because he cannot be evicted without notice, thanks to the Constitution. And in case this was to happen, the Government would be compelled to provide him an alternative settlement as pert provisions under the Economic , Social and Cultural Rights.

And it is for this very reason that Sankoro and hundreds of others who stay in slums and marginalised communities gathered at the church compound to push for the adoption of the Evictions and Resettlement Guidelines Bill by Parliament.

The International Human Rights Day is premised on the International Covenant on Economic, Social and Cultural Rights (ICESCR)-a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966—and which Kenya is a signatory to. It commits its parties to work toward the granting of economic, social, and cultural rights (ESCR) to individuals. The rights advocated for include labour rights and the right to health, the right to education, and the right to an adequate standards of living.

This year’s event was organised by Hakijamii, a Non-Governmental Organisation leading the clamour for the protection of economic and social rights of slum dwellers and Kutoka network, which brings together community based organisations (CBOs).

People power

The organisations work on the premise that future of human rights lies with the people, especially marginalised groups.

“The era when human rights was seen as the preserve of experts and professionals is long gone and we must all now resist unequal power relations at all levels. True emancipation of the poor and marginalised will  be achieved through such efforts,” says Odindo Opiata, a leader of one of the CBOs.

Forced evictions

At the center of this year’s event is the clamour for the adoption of the Evictions and Resettlement Guidelines Bill that has been pending before parliament since May.

The Bill says in part that people shall not be forcefully evicted from their home or have their property demolished without a court order authorising the eviction and demolition and that before any forceful eviction is carried out there shall be consultation between the land owner and the person to be evicted upon which the person to be evicted shall be given adequate notice of three months and be entitled to resettlement or compensation.

“The eviction and resettlement bill is the best thing to have happened to people from the slums and marginalised communities.

“Read together with provisions in the constitution under economic and social rights, the bill offers evictees an avenue for recourse,” says Humphrey Amoni from Turkana County.

Parliament has been accused of reluctance to fast-track the passing of the bill into law because of vested interests.

“Some of the legislators have even termed the bill elitist claiming it gives squatters more say on property that does not belong to them, but as a community we disagree because the formulation of the bill brought together all the stakeholders,” Amoni says.

Father John Weboosta of St John Catholic church praised the strides the country has taken in implementing the new constitution saying legislators should take a lead role in fast racking the passing of the bill.

“As we mark the International human rights day it is important to look back and reflect where we have come from, what we have achieved and what needs to be done to create a better living environment for our people. The best way to achieve this is by enacting good laws.”

For decades, evictions have taken place in Kenya, especially in informal settlements in contravention of international human rights standards. Mass forced evictions are usually carried out by government agencies or private developers claiming ownership of land on which some of the disputed settlements are built.

Use of police and bulldozers is common and this has sometimesresulted into violence.