Poverty as a Human Rights Violation?

Transcription

1 Poverty as a Human Rights Violation? Report of the Symposium Held at Lake Naivasha Country Club September 28th - 30th, 2011 P. I. Iribemwangi J. B. Ndohvu Njeri Muhoro Mumia G. Osaaji Organized by the Center for Human Rights and Peace, University of Nairobi With support from the Norwegian Center for Human Rights, University of Oslo and the Institute of International Education, New York.

2 Center for Human Rights and Peace Group Photo (With Chief Justice, Dr. Willy Mutunga, front, middle) Caption: 2

3 Poverty as a Human Rights Violation? TABLE OF CONTENTS Table of contents... 3 Acronymns/Abbreviations... 5 Acknowledgements... 6 Executive Summary INTRODUCTION Background About the Organisers Welcoming Remarks SESSION The genesis of poverty and the subsequent identification of responsibilities that give rise to poverty, by Prof. Jack Odhiambo An application of Gaventa s power analytical model to human rights and civic action in Kenya, by Prof. Bård Andreassen and Tiberius Baraza Plenary SESSION Land rights and poverty reduction in Tanzania: A critique of neo-liberal theory of development, by Dr. Mohammed Bakari Poverty Alleviation in Kenya: A Review of why poverty strategies have failed, by Dr. Tom Ondicho Building trust in post-conflict society: Human rights and peace building lessons from Mt. Elgon in Kenya, by Patrick Maluki The politics of land rights in Molo /Kuresoi in Kenya, by Ulrika Waaranpera Public interest litigation on the right to adequate food: Evolving issues and emerging applications, by Mumia G. Osaaji Plenary SESSION Poverty and human rights through literary lenses: The case of Meja Mwangi s Going Down River Road, by Dr. Jennifer Muchiri Addressing the development of classes in Kenyan society: Poverty studies and Kenyan literature, by Dr. Alex Wanjala Plenary SESSION Poverty and access to justice: The role of poverty in denying Muslim women access to justice in Kadhi s Courts in Kenya, by Kadara Swaleh Gendered post-conflict experiences of poverty and human rights violations in Rwanda, by Prof. Shirley Randel and Melissa Vogt Engendering poverty through human rights discourse by Maloba L. Wekesa 25 3

4 Center for Human Rights and Peace 5.4 Teaching about gender and poverty in post-genocide Rwanda by Dr. Anne-Marrie Hilsdon Plenary SESSION Poverty and disability: The case of human rights violations of deaf people, by Dr. George Jefwa Mweri Poverty and pastoralist land rights in Northern Kenya: Interrogating historical injustices and institutional failure in Kenya, by Prof. Maurice Amutabi and Linnet Hamasi Women and property rights of the Sabaot of Mt. Elgon District, by Sally Wangamati Whence emerges hands of humanism to uplift vulnerable humanity?, by Prof. Taban Lo Liyong Poverty as a bottleneck to the realization of children s rights: Evidence from Kenya vis a vis the Children s Act, 2011 by Dr. Iribe Mwangi Plenary SESSION Effectiveness of poverty reduction in Laini Saba Location in Kibera - Nairobi, By Janet Ombwayo Poverty as a human rights violation: What role could social workers play?, by Dr. Ndungi Mungai Poverty and vulnerable populations: A case of female domestic workers in Nairobi, by Simon Ndulu Plenary SESSION Thoughts on poverty and Human Rights from a religious-cultural dimension, by Prof. Douglas Waruta Suspended rights extended poverty, Dr. Dulo Nyaoro Human rights issues in the conservation of cultural property in Kenya, by Dr. Ephraim Wahome Plenary SESSION The poverty of information literacy? Towards a new paradigm in the fight against poverty in Kenya, Jacinta M. Mwende Poverty as a factor in determining education achievement in Kenya: A case of Nyanza and Coast Provinces, by Dr. Anne Assey and Prof. Julius Mwabora Neoliberalism and the right to education in Tanzania: Poverty eradication or poverty reproduction, by Audax Kweyamba Plenary WAY FORWARD Closing Remarks Appendices

5 Poverty as a Human Rights Violation? ACRONYMS/ABBREVIATIONS CDF CHRP CHSS CJ CRC CUEA FAO FPE GoK HIV/AIDS HR HROs ICESCR IMF ICCPR KLA M.A MDGs MKI NCHR NGO RSS TARs UDHR UNESCO UNHCR UoN USA VC WB Constituency Development Fund Center for Human Rights and Peace College of Humanities and Social Sciences Chief Justice Convention on the Rights of the Child Catholic University of East Africa Food and Agricultural Organisation Free Primary Education Government of Kenya Human Immuno-Deficiency Virus/Acquired Immune Deficiency Virus Human Rights Human Rights Organisations International Covenant on Economic, Social and Cultural Rights International Monetary Fund International Covenant on Civil and Political Rights Kenya Land Alliance Master of Arts (degree/course) Millennium Development Goals Miss Koch Initiative Norwegian Center for Human Rights Non-Governmental Organisation Republic of South Sudan Traditional African Religions Universal Declaration of Human Rights United Nations Economic and Socio-Cultural Organisation United Nations High Commission for Refugees University of Nairobi United States of America Vice-Chancellor World Bank 5

6 Center for Human Rights and Peace ACKNOWLEDGEMENTS The Center for Human Rights and Peace (CHRP) wishes to thank the Norwegian Center for Human Rights (NCHR) and the Institute of International Education, New York, for their generous support which enabled the Center to successfully host the Symposium. We thank the Ford Foundation for facilitating the process. We especially thank Prof. Bård Andreassen for his effort in helping to raise funds for the Symposium and for facilitating local and regional participants to participate and enrich the discussions. It is our duty to thank the Chief Justice and President of the Supreme Court of Kenya, Justice, Dr. Willy Mutunga, for addressing the symposium as the guest of honour and encouraging researchers, scholars and activists to stay the cause of human rights. We appreciate the Vice-Chancellor of the University of Nairobi, Professor George Magoha, for hosting the CHRP and supporting its institutionalization within the fabric of the University. We thank the Principal of the College of Humanities and Social Sciences, Prof. Enos Njeru, for his outstanding support of the CHRP, since its nascent stage, to the present day: Prof. Njeru has been instrumental in the establishment and growth of the Center. Similarly, we express gratitude to the Dean, Faculty of Arts, Prof. Preston Chitere for his stoic support to the CHRP, which, is currently hosted within his faculty. In the same breath, we single out for special mention, the former Chairman of the Department of Philosophy and Religious Studies, Prof. Douglas Waruta, who made the dream of a Center for Human Rights and Peace come true. Likewise, we appreciate the continued support that the CHRP receives from the current Chairman of the Department of Philosophy and Religious Studies, Dr. S. I. Akaranga. Special mention must be made of Dr. J. B. Ndohvu, the Coordinator of the Center, who though nursing a tendon injury at the time of the symposium, was central in planning, fundraising, coordinating and guiding the symposium to its fruition. We wish to thank Dr. Wambui Kiai, Director School of Journalism, for her untiring support of the Center. The Center equally thanks the Local Organising Committee (LOC) under the chairmanship of Mr. Patrick Maluki, for the immense sacrifices that saw the successful holding of the symposium. Particularly, we thank the individual members of the LOC who include: Dr. Ephraim Wahome, Dr. Jennifer Muchiri, Mr. Mumia G. Osaaji and Ms. Sylvia Sittawa. We thank all participants for conducting research and sharing their findings with colleagues. Thank you all for finding time to attend the symposium and contribute your invaluable ideas which, no doubt, will enrich the discourse on human rights and poverty and possibly, lead to policy engagement. We appreciate our colleagues who flew in from our neighbouring sister countries: it was our pleasure to host you and learn from you. Lastly, but not the least, the Center acknowledge Mumia G. Osaaji for preparing this report and PI Iribe Mwangi, J.B. Ndohvu and Njeri Muhoro for their editorial input. 6

7 EXECUTIVE SUMMARY Poverty as a Human Rights Violation? This two-day symposium on Poverty as a Human Rights Violation? was held at the Lake Naivasha Country Club on 29 th to 30th September It brought together 30 participants drawn from the academia, research agencies and human rights practitioners, from Rwanda, Burundi, South Sudan and Tanzania which gave the symposium a regional bent. The Chief Justice and President of the Supreme Court of Kenya, Justice, Dr. Willy Mutunga, was the chief guest. In his speech, Mutunga explored various human rights and social justice paradigms warning against the hasty dismissal of the paradigms by reformers and revolutionaries. He reiterated that the paradigms still promised the singular and fundamental theory for fundamental changes in the world. He challenged the participants to work harder at expanding the frontiers of human rights discourse and practice, especially under the new constitution in Kenya. The Vice-Chancellor of the University of Nairobi, Prof. George Magoha, the Principal of the College of Humanities and Social Sciences, Prof. Enos Njeru and the Dean of the Faculty of Arts, Prof. Preston Chitere agreed that the CHRP has come of age, and that it should be mainstreamed into the University fabric, offering courses on human rights. During the symposium, powerful presentations were made by scholars, researchers and human rights activists. Prof. Jack Odhiambo set the tone of the symposium with his exploration of the genesis of poverty and the subsequent identification of responsibilities that give rise to it, noting that poverty, in itself, does not constitute a violation of human rights but the causes of poverty may be the real violations of human rights. These include the actions, attitudes and policy structures that impose poverty on individuals and communities. In their application of Gaventa s power analytical model to human rights and civic action in Kenya, Prof. Bård Andreassen and Tiberius Baraza explored the successes and challenges facing human rights organizations such as : the Miss Koch Initiative, Kituo Cha Sheria and Kenya Land Alliance. The symposium was treated to a critique of neo-liberal theory of development, land rights and poverty reduction in Tanzania by Dr. Mohammed Bakari, who concluded that this approach had failed. Dr. Tom Ondicho, in a brief presentation, on poverty alleviation in Kenya observed that, many of the approaches adopted over the years, had failed. Patrick Maluki called for concrete steps to ensure trust in the post-conflict region of Mt. Elgon, in Kenya. Ulrika Waaranpera examined the politics of land rights in the Molo /Kuresoi area of Kenya and concluded that, more efforts were required to ensure that communities resumed productive lives. In his paper, Mumia Osaaji pitched for public interest litigation on the right to adequate food, citing successful cases from other jurisdictions. He expressed optimism that the 7

8 Center for Human Rights and Peace Constitution of Kenya, 2010, could be exploited to enforce this right. Approaching the question of poverty from an aesthetic angle, Dr Alex Wanjala and Dr Jennifer Muchiri based their arguments from literary texts, urging for a link between the aesthetic and policy engagement since, the aesthetic revealed a human face, in the question of poverty and human rights. Kadara Swaleh proposed a paradigm shift from the dominant perception of Muslim Women, noting that the narrow interpretation of the holy texts had marginalized women and denied them their rights. He called for a radical shift in thinking to ensure women s access to justice in Kadhi s Courts in Kenya. Prof. Shirley Randel and Melissa Vogt explored the post-conflict experiences of poverty and human rights violations in Rwanda, from a gender perspective, while Maloba L. Wekesa took issue with the engendering of poverty through the (mis)translation of human rights discourses from foreign, to local languages. Dr. Anne-Marie Hilsdon presented on the pedagogics of gender and poverty in post-genocide Rwanda. A fresh dimension was introduced by Dr. George Jefwa Mweri, who rooted for new strategies to mainstream the rights of the Deaf in the education system, media and other public social spaces. The poverty and land rights of the pastoralist communities in northern Kenya were exposed by Prof. Maurice Amutabi and Linnet Hamasi. Likewise, Sally Wangamati looked at women and property rights among the Sabaot of Mt. Elgon district while, Prof Taban lo Liyong rooted for a return to Traditional African Religions in order to instill values and morality that, could in turn, help to reduce poverty in Africa. Dr Iribe Mwangi explored the challenges facing families and governments in their effort to enforce the rights of the child; Janet Ombwayo examined the effectiveness of poverty reduction in Laini Saba Location in Kibera Nairobi; Dr. Ndungi Mungai looked at the role of social workers in poverty reduction; while Simon Ndulu highlighted the plight of domestic workers, as a vulnerable category. Prof. Douglas Waruta introduced a new twist to the definition of poverty, arguing that certain cultures could encourage or eradicate poverty. In his paper, Dr Ephraim Wahome called for action to safeguard the rich cultural properties in Kenya which are endangered by vandalism and theft. The question of community media was raised by Jacinta M. Mwende who argued that, denial of information and voice amounted to a violation of the right to information. Dr. Anne Assey and Prof. Julius Mwabora examined the role of poverty in determining education achievement in Nyanza and Coast regions of Kenya while, the challenges facing the neo-liberal education system in Tanzania were exposed by Audax Kweyamba. The symposium s key outcomes included: a rich harvest of well-researched, multidisciplinary papers on poverty and human rights; an East African regional outlook on the question of poverty, and the possibility of wider dissemination of the papers in a refereed journal or book. 8

9 Poverty as a Human Rights Violation? 1.0 Introduction 1.1 Background Poverty is a key challenge facing the whole world, but its effects are acutely experienced in developing countries. The Eastern Africa region continues to grapple with poverty in its multi-facetedness. More recently, prolonged droughts have exacerbated the poverty situation, in a region already steeped in spiraling inflation, low levels of investments, corruption, high incidences of violent crime, high numbers of refugees from the civil strife in Somalia, poor infrastructure, poor health standards, overstretched informal settlements and alarming levels of youth unemployment. While recognizing the multi-disciplinary definitions of, and approaches to poverty and poverty studies, it is, however, notable that poverty generally means deficiency in necessary properties or desirable qualities and it is thus not limited to being in a state of need or lack of means of subsistence (situations which determine the extent of financial need of a person / group). Therefore, being impoverished is more than lacking financial means. It is inadequacy, destitution and deprivation of economic, political, social and human resources. This broader perspective indicates that poverty is multidimensional. It is against this background, that the Center for Human Rights and Peace at the University of Nairobi, with the support of the Norwegian Center for Human Rights and the Institute of International Education, New York, organized this two-day symposium on the topic: Poverty as a Human Rights Violation? This symposium, therefore, came at an opportune time. It provided a forum for 30 scholars, researchers and human rights practitioners to share experiences, identify opportunities and constraints to human rights and rights-based approaches to poverty eradication in Kenya and the Eastern Africa region. Specifically, the objective of the symposium was the production of, and exchange of original research on human rights and poverty reduction, with the view to disseminating such findings through international publications. It was envisaged that the Symposium would raise a research-based public discourse on poverty as a serious and composite human rights problem in Kenya and East Africa in general; and as an obstacle to building peace and prosperity within and among groups. 9

10 Center for Human Rights and Peace 1.2 About the Organisers The Center for Human Rights and Peace (CHRP) of the University of Nairobi was founded in It is a pioneer academic center for education, research and outreach activities on human rights and peace in Kenya, with a vision of becoming an educational center of excellence for the creation of an inclusive society that values and respects human rights and peace. The need to establish the Center was informed by the fact that education in human rights and peace constitutes an essential contribution to the long term prevention of conflicts and human rights abuses. It also represents an important investment in the attainment of a peaceful and just society. Human rights and peace education promotes values, beliefs and attitudes that encourage individuals to uphold respect for the dignity of the human person, harmony and justice. The Norwegian Center for Human Rights (NCHR) of the University of Oslo was established in 1987, to promote the practice of internationally adopted human rights by means of academic research, teaching, assessment and consultancies, training, information and documentation. The Center is multidisciplinary and is the national institution on human rights in Norway. 13 Welcoming remarks The symposium opened on 29th September 2011, with brief welcoming remarks from Mr. Patrick Maluki, the then Acting Coordinator of the Center for Human Rights and Peace. Maluki outlined the objectives of the symposium, thus: To provide a forum for scholars, researchers and human rights practitioners to share multi-disciplinary research findings on human rights and rights-based approaches to poverty eradication; and, To come up with proactive, policy-oriented, multidisciplinary recommendations for further research and practical action on human rights and rights-based poverty eradication Remarks by the Dean, Faculty of Arts In his remarks, Prof. Chitere, the Dean of the Faculty of Arts at the University of Nairobi, recognized the significant import of the presence of the Chief Justice, Dr. Willy Mutunga. He pointed out that the establishment of the Center for Human Rights and Peace at the University of Nairobi was a key milestone in the continuing expansion and growth of the programmes and research activities at the University. Remarking positively on its vibrancy, Prof. Chitere acknowledged the multi-disciplinarity of the CHRP s scholars, research work, educational programmes and the community outreach as encapsulated in its Strategic Plan, He divulged that the University was in the final stages of approving the syllabus for the Center to enable it to commence human rights and peace courses at Masters, Bachelors, Diploma and Certificate levels. Revisiting the multi-disciplinarity of the CHRP, the Dean outlined its membership as consisting of Faculty of Arts,

11 Poverty as a Human Rights Violation? the School of Law, the School of Economics, the School of Journalism, the Institute of Diplomacy and International Studies, the University Library as well as the African Women and Research Centre. While emphasising the importance of the symposium, he pointed out that it had the potential to raise the profile of CHRP not only within the country but the wider East African region. He appreciated the fact that the Vice Chancellor, Prof. George Magoha, and the top management of the University of Nairobi, have embraced the Center whole heartedly, and made an impassionate plea for the Vice-Chancellor to give favourable consideration to the request that the Center offer a Common Undergraduate Course on Human Rights and Peace Remarks by Principal, College of Humanities and Social Sciences, Prof. Enos Njeru In remarks, made on his behalf by, Prof. Peter Wasamba, the Associate Dean, Faculty of Arts, Njeru noted that the very presence of the Chief Justice, Dr. Willy Mutunga not only underlined the importance of the symposium but also underscored the commitment of the CJ to the human rights cause. Taking special note of the timeliness of the symposium, he observed that the country has been experiencing drought-driven hunger for several months and called on stakeholders, from all sectors, to come together and offer possible solutions to the perennial problems associated with poverty. The Principal reminded the participants that in his previous capacity as the former Dean, Faculty of Arts, he was deeply involved in the formation of the Center, which had come a long way from its predecessor, HAKI-Afrika. Noting the successful completion of the CHRP s Strategic Plan 2010 to 2013, Njeru expressed optimism that this blue print will guide the Center in promoting multidisciplinary research on human rights and peace, stimulate publishing and dissemination of research findings, and anchor the planned programmes at all levels and looked forward to the approval of the Center s syllabus by the University Senate Remarks by the Vice-Chancellor, Prof. George Magoha The remarks by the Vice Chancellor (VC) of the University of Nairobi, Professor George Magoha, were delivered on his behalf by Professor Wasamba. The Vice Chancellor welcomed the Chief Justice, Dr. Willy Mutunga, to the symposium, emphasising that the University of Nairobi will remain a welcoming home to the Chief Justice. Magoha pointed out that all human rights, enshrined in key international covenants, should be recognized as equal and indivisible, noting that Kenya had domesticated many human rights covenants, treaties and conventions into its domestic legislation and the constitution. Indeed, he observed that the Constitution of Kenya (2010) has an extensive Bill of Rights (Chapter 4), in which the 11

12 Center for Human Rights and Peace government is obligated as a duty bearer to ensure that its people are supported to overcome poverty. Magoha indicated that he looked forward to the practical implementation of the Constitution, to ensure that the country overcomes hunger, starvation and other negative impacts of prolonged drought which have continued to claim many lives and decimated livestock. Highlighting the timeliness of the symposium, on the topic of poverty as a human rights violation, Magoha expressed optimism that the symposium participants would come up with practical, policy-oriented recommendations to ensure that human rights and rights-based approaches are mainstreamed in all efforts aimed at poverty eradication. He also looked forward to the publication and dissemination of the research findings from the symposium. Magoha paid special tribute to the organisers of the symposium, the Center for Human Rights and Peace, and to the funders the Norwegian Centre for Human Rights, University of Oslo and the Institute of International Education, stating that, the University of Nairobi looked forward to sustained partnerships with the CHRP. He assured the symposium that the University Administration will do everything within its powers to support the CHRP and ensure that it is fully integrated into the University system in order to realize the important goals and objectives set out in its Strategic Plan Address by Dr. Willy Mutunga, Chief Justice and President of the Supreme Court of Kenya: Human Rights and Social Justice Paradigms Today In his address, Dr. Willy Mutunga, Chief Justice and President of the Supreme Court of Kenya, expressed great respect for the work done by the organizers of the symposium and applauded the emerging partnership between scholars, researchers and human rights practitioners. He expressed his delight that the University will in future undertake human rights education and advocacy through the CHRP, terming this initiative a project whose timing is great given the opportunities created by the drive to implement the Constiution. Dr. Mutunga shared his thoughts on the contradictory approaches that now inform human rights and social justice paradigms noting that, these approaches are important in the discussion on poverty and human rights. Citing Mahamud Mamdani, Mutunga noted that we cannot peg this movement to a specific date. Going back into history, he recalled that slaves and serfs used the language of human rights in their struggles, indeed, the history of the Universal Declaration of Human Rights (UDHR) is a clear indication that both paradigms have a purpose: mitigation of the status quo. He drew the attention of the participants to Sidney Lens, who has written an amazing book on Roosevelt, the New Deal Policy and how it paralyzed trade union and communist movements in the United 12

13 Poverty as a Human Rights Violation? States of America (USA). He cautioned that while the New Deal, offered citizens of America what the left was promising, it proceeded to claw back those gains. According to Mutunga, the New Deal Declaration was a manifesto for welfare capitalism, with its conservative liberal democratic arm of mitigation and its transformative arm of social democracy. He pointed to the history of the Cold War as a possible tool that could illuminate some of the contradictions that he had identified. Reflecting on Welfare Capitalism, Mutunga observerd that it only lasted until 1974, when neo-liberalism reared its conservative head, a case in point is to be found in Howsbawn s books, which has chapters on the issues. While analysing the effect of President Jimmy Carter s regime, well known for its rhetoric of human rights, Mutunga observed that it spearheaded neo-liberal policies which were fully supported by the engines of globalization, the International Monetary Fund (IMF), the World Bank (WB) and others. He reiterated that both the former British Prime Minister, Lady Margaret Thatcher and President Ronald Reagan of the US, consolidated neo-liberalism. He pointed out that in 1989, when the Berlin Wall collapsed, socialist and communist paradigms were buried in the rubble of the collapsed wall. Henceforth, there was only one dominant and viable paradigm for development, neo-liberalism, intoning that, were the former British Prime Minister, Winston Churchill alive, he would have reiterated what he had once said : Capitalism is the worst system of development, but nobody has designed a better one. After 1989, some radical scholars who could be described as Marxists, Leninists, Maoists, Nkrumahists and Nyerereists, took up the analysis of the human rights and social justice paradigms and adopted them as tools for transformation. Shivji wrote A concept of Human Rights in Africa in 1989, Nabudere, wrote an unpublished manuscript in Denmark under the title The Political Economy of Social Imperialism.It is during this period that, discussions on the uses and limitations of these paradigms were undertaken. Mutunga invited the audience to draw an important lesson from the writings of Yash Ghai, Upendra Baxi, Mahamud Mamdani, Joe Oloka-Onyango, Makau Mutua, Paul Tiyambe Zeleza, and more specifically, the writings of Nabudere that what was buried in the rubble of the Berlin Wall, were not the paradigms of socialism and communism. Mutunga warned against hasty dismissal of these paradigms by reformers and revolutionaries, reiterating that the paradigms still promised the singular and fundamental theory for fundamental changes in the world. He elaborated on efforts to problematize the human rights and social justice paradigms with a view to examining how their transformatory agenda could be promoted, and called for adoption of these paradigms as the basis for continuing ideological and political discussions on development. 13

14 Center for Human Rights and Peace 2008 heralded the collapse of the neo-liberal paradigm with the financial crises in America and Europe. These events have given the human rights and social justice paradigms, an analytical impetus. They are now paradigms that interrogate and problematize the dominant paradigms on both sides of the ideological divide: capitalism and socialism. They have also raised a further argument of analyzing social democracy seriously and these debates continue. While relating the history of human rights and social justice, Mutunga noted the following key isues: That poverty is the fundamental frontier and challenge to the viability and efficacy of the human rights and social justice paradigms; That there are two contradictory approaches that are now the basis of mobilization in the struggle to eradicate poverty; That we should relate these approaches to the Constitution which, can be said to be a social democratic instrument; That we need to debate the notions of human rights, states and societies, under the Constitution; That we should be able to discuss the politics of human rights and social justice and the importance of contesting state power so that we can have a political leadership that can carry out a social democratic agenda; and That we should participate in the debates for the search of a new paradigm that guarantees the possibility of a better world. This discussion therefore, makes it clear that the question posed by the World Social Forum on whether another world is possible, is a burning political question of our day. 14 Prof. Bård Andreassen (NHCR) in a courtessy call meeting with Prof. Enos Njeru (R), the Principal of the College of Humanities and Social Sciences, University of Nairobi

15 Poverty as a Human Rights Violation? 2.0 Session 1 The key presenters in the session were Prof. Jack Odhiambo, and Prof. Bård Andreassen and Tiberius Barasa. 2.1 Prof. Jack Odhiambo: The genesis of poverty and the subsequent identification of responsibilities that give rise to poverty In his presentation, Odhiambo argued that poverty in itself does not constitute a violation of human rights. The causes of poverty may be the real violations of human rights. These include the actions, attitudes and policy structures that impose poverty on individuals and communities. In most cases, governments default on the responsibility to repair poverty which, they have caused directly or otherwise. Poverty may arise out of the lack of sustained efforts to exploit and improve the natural gifts to sustain livelihoods. It may also be caused by diseases or physical and, mental impairment, which those who have the means, are obliged to come to the rescue. Disasters and natural calamities (which are beyond ordinary means to prevent) may wipe out a society s livelihood but, there is still an obligation on the wider society to undertake postdisaster rescue and reconstruction. Some people are excluded from opportunities by reason of their background, race or religious convictions, which are no fault of their own. Odhiambo was largely concerned with the type of poverty caused by culpable persons or the institutions charged with the care of society, observing that it is in this regard that the state is liable for the commissions or omissions occasioned, by or attributed to its servants or agents. The right to be free from poverty can only be deemed to exist if we can point to certain duties and responsibilities in relation to the alleviation of poverty. For instance, given that the state levies and collects taxes from society, it is in turn expected to invest them back to benefit all including creating and supporting programmes to alleviate poverty. Citizens can be said to be unjustly impoverished by the abuse of the trust entrusted to the state or by the tyranny of the state through misuse of its authority. Scandals such as the Goldenberg, Anglo Leasing, Triton and others in Kenya, can be classified under this cover: misuse of public resources while the population starves and wallows in poverty. 15

16 Center for Human Rights and Peace 2.2 Prof. Bård Andreassen and Tiberius Barasa: 16 An application of Gaventa s power analytical model to human rights and civic action in Kenya The paper adopted John Gaventa s power analytical model which three civil society organisations are using to create space for producing civic and institutional action, addressing rights and socio-economic issues among communities. The organisations selected for this assessment included the Miss Koch Initiative (MKI), Kituo Cha Sheria and, Kenya Land Alliance (KLA). According to Andreassen and Barasa, the failure to deal with complexities, conflicting interests and underlying dynamics of power, has led to missed opportunities and poor strategic choices. The power exercised in Kenya appears in the following forms: Government and wealth owners, herein the power wielders exercise visible power in making and enforcing rules; hidden power where the power wielders set agenda excluding other actors; and invisible power where the power wielders shape the values, practices and meaning. One can see examples of the three forms of power, for instance, when the government banned some associates of the KLA and cautioned donors against funding it, was a clear strategy of intimidation; MKI has received threats of eviction by local administrators while, Kituo s paralegal training project was initially resisted by government albeit it later gave in and accepted a partnership arrangement. Cases of hidden power including the initial refusal to register the KLA and flower farmers around Lake Naivasha have sought to muffle community agitation for a cleaner environment. The HROs have largely concerned themselves at the realm of invisible power, where they work with communities to build the capacity of the community empowering them to monitor the use of devolved funds, and to influence the election of the local MPs. KLA exercised invisible power with the Luo Council of elders leading to the declaration that they will allow Luo women to own land. In order to overcome obstacles and constraints to Human Rights, these organisations have adopted various strategies: Kituo Cha Sheria has initiated probono work for the urban poor who have been marginalized; the Miss Koch initiatives is engaged in multi-pronged community outreach activities for human rights defenders; the Kenya Land Alliance (KLA), a network organisation, supports the rights of communities and individuals to land. In Naivasha, access to water resources has been a major project of KLA. 2.3 Plenary In the plenary, participants took issue with the basis on which the informant organizations for application of Gaventas power analysis were selected. It was indicated that the three organisations that took part in the study were justified

17 Poverty as a Human Rights Violation? on the basis of various factors including costs, the experiences of the Kituo Cha Sheria and KLA, as well as the unique niche occupied by the Miss Koch initiative which works with the marginalised in the informal settlements. It was noted that there is need to bridge the gap between scholarship and activism. In this regards it was noted that KLA has seen its recommendations on women s access to land rights incorporated in the new constitution while Miss Koch has seen more public enlightenment on the Girl Child. It was suggested that social mobilization and networking is hindered by formal registration processes which obliges certain parameters to be complied with. Participants were clear that the presentations had not clearly defined poverty. The state refers to institutions of the state at both local and national levels, and a comparison of baselines (Ghana, Zimbabwe and South Africa) had defined poverty as well as improving strategies. On the issue of what lessons are to be learned from the symposium, it was noted that as part of the symposium, there would definitely be documentation of lessons and the need to make the policy makers /duty bearers accountable. Human rights research will expand space for realization of rights, to enable the public to get to the centre of the dialogue on the rights. In the work of human rights, is realization that Alliances are key especially for exposing hidden power. 17

18 Center for Human Rights and Peace Session 2 In this session, papers were presented by: Dr. Mohamed Bakari, Dr Tom Ondicho, Patrick Maluki, Mumia G. Osaaji and Ulrika Waaranpera. 3.1 Dr. Mohammed Bakari: Land rights and poverty reduction in Tanzania: A critique of neo-liberal theory of development In his presentation, Bakari noted that the land question is relevant to poverty reduction and it cannot be ignored. Citing the case of Tanzania, he observed that this country does not have huge land ownership and management discrepancies as evident in other African countries, even after the adoption of neo-liberal economic policies. He noted that over 80 per cent of land in Tanzania is customarily owned, without title deeds. As a result, the state easily appropriates it for development and this ordinarily suggests that the customary rights, deemed inferior, can easily be suspended to give way to state projects. This may have consequences on poverty reduction. Bakari added that Tanzania started a process of formalizing the ownership of properties and businesses in order to enable them access credit, but the formalization appears to favour the rich who have money to go through the complex bureaucracy at the expense of the poor. Indeed, there is no evidence to indicate that formalisation of rights has improved the lives of the poor. He identified the following broad paradigms on the land question in Tanzania: The state centered and market-led approaches, observing that they have inherent problems, which raises the need to have an alternative approach that is more responsive, recognizing that poverty should be reduced through improved productivity of the land in addition to improving ownership rights. He highlighted cases of violation of land rights in Tanzania in which indigenous and local communities and individuals were deprived of their land rights by the government and investors in tourism, mining, ranching and road construction. He noted that pastoralist communities have been affected by land appropriation without compensation and they cannot find redress due to the nature of customary ownership. He pointed out that there have been conflicts between pastoralist and farming communities due to non-existent boundaries and non-formalisation of land rights.

19 Poverty as a Human Rights Violation? Bakari reiterated that land conflicts have been increasing in Tanzania and attributed this situation partially to the neo-liberal policies, which have aggravated the conflicts. He pointed out that security officers of mining companies have been killing members of local communities and the government has taken the side of the investors at the expense of the locals. He concluded that formalisation of land rights in Tanzania is fraught with problems which require urgent attention. 3.2 Dr. Tom Ondicho: Poverty alleviation in Kenya: A review of why poverty strategies have failed Ondicho pointed out that poverty is a multi-dimensional phenomenon and its definition depends on the dimension or approach taken. It may be viewed variously; as material deprivation, dependencies, and lack of agency. Poverty hurts, degrades and drives people into desperation. Kenya, is ranked as one of the poorest countries in the world, and about half of the 40 million people in the country are said to live below 1 US $ per day. Enormous resources have been spent by the government of Kenya to reduce poverty but most of them have failed. In the 1970s, Kenya was doing so well economically, and the population living with high hopes. The decline of the country s economic prospects can be attributed to many of the large scale, uneconomical projects, reliant on external borrowing, plundering of public resources by politicians and civil servants, reduced productivity, dwindling foreign investments and structural adjustment programmes which have led to a hike in poverty. Other causes of poverty include HIV/AIDS, natural disasters and weather changes, lack of technical skills, inequitable development and government bureaucracy. Since poverty reduction strategies have not fully addressed the problem of poverty in Kenya, Ondicho suggested inward-looking (indigenization) strategies for poverty reduction such as self-help projects and development groups. 3.3 Patrick Maluki: Building trust in post-conflict society: Human rights and peace building lesson from Mt. Elgon in Kenya. In his presentation, Maluki noted that trust disappears during and after conflict, and therefore, to resolve conflict, we have to re-build trust. Basing his presentation on a study done in Mt. Elgon in 2008, he pointed out that there were notable efforts by the government and NGOs to build trust in the community. The area is occupied by the Sabaot, who were displaced by the colonial settlers who also brought in other communities. The Sabaot felt that they had been alienated from their land since succeeding governments had failed to settle the simmering conflict leading to the 2008 armed conflict, aggravated by the proliferation of small arms and light weapons along the border with Uganda. There has been a rush 19

20 Center for Human Rights and Peace 20 and intense competition for land which appears to have excluded the local people of Mt. Elgon. The government s armed intervention has not been comprehensive and the youth are dissatisfied with government efforts which have excluded them. Maluki observed that effective solutions to social dilemma require the parties involved to take a leading role, adding that dialogue facilitates peace-building and conflict resolution. An important lesson is that NGOs and the local provincial administration can initiate dialogue between the conflicting members of the community. In the case of the Mt Elgon conflict, agricultural production was greatly affected, and further compounded by the resultant inflation and the displacement of farmers. 3.4 Ulrika Waaranpera: The politics of land rights in Molo /Kuresoi in Kenya In her presentation, Waaranpera observed that the new National Land Policy may address the many issues that have bedeviled the land ownership in Molo/ Kuresoi. Based on her ongoing research, she pointed out that there is need to map out the levels of success of the processes and efforts to resettle IDPs with a view to assisting the community to overcome poverty. 3.5 Mumia G. Osaaji: Public interest litigation on the right to adequate food: Evolving issues and emerging applications In his presentation, Osaaji noted that the human rights-based approach can be adopted to compel sustainable practical actions on poverty from governments. Borrowing the Public Interest Litigation tool, Osaaji cited demonstrable cases in which these rights had been successfully argued before courts of law in the United States, Brazil, South Africa and India to force authorities to take action on the right to food and to advance citizens socio-economic rights. He argued that contrary to some arguments, economic, social and cultural rights, including the right to adequate food (the right to be free from hunger), are justiciable and legally enforceable. Osaaji observed that though Kenya did not have a ground breaking case in which the right to food had been brought before a court of law, there were public interest litigation cases touching on the right to livelihoods. He cited the example of the case involving Charles Lekuyen Nabori and others (litigants/petitioners) vs. the Attorney General of the Republic Kenya and others (accused/respondents) of 2007, in which the petitioners sought a declaration of the court that an obnoxious and poisonous weed, Prosopis Juliflora, had been introduced into Marigat Division of Baringo county by the government, FAO and the Ministry

21 Poverty as a Human Rights Violation? of Environment, without the consent of the community. As such, the weed had breached the peoples right to life, sustainable development, to own property, a safe clean environment, clean safe drinking water and, an order compelling the state to adequately compensate the litigant community and to eradicate the weed from the area. The court ruled that the weed had indeed breached the people s right to life, which included the right to be free from any kind of detrimental harm to human health, wealth and or socio economic well-being. The court further ruled that the Government of Kenya be held accountable for damages caused by the introduction of Prosopis Juliflora to the region. Therefore, the relevant ministry should produce a policy working paper on the management and eradication of the plant to Parliament within 60 days for debate and interpretation. The government was ordered to pay the costs of the constitution reference case. In his conclusion, Osaaji pointed out that the Constitution of Kenya (2010) contained a broad Bill of Rights (chapter 4) which is a veritable opportunity to expand the scope of human rights claims including the right to adequate food. 3.6 Plenary Session During the plenary session, the following issues emerged: There is need to refer to publications by Prof. John Oucha and Prof. Ominde on the land question in Kenya. There is a sensitive relationship between host communities and new settlers. The right to food is a right like any other and can be a matter for justice. However, on the issue of the (im)practicability of public litigation and compelling the government to implement the right to food, it was noted that the new constitution of Kenya has riders on what citizens can also do for themselves. It is clear that public interest litigation has the danger of giving the people a right to be idle and reliant on government. Most of the presentations have not taken account of gender issues yet women are the most affected by the ravages of hunger. It was noted therefore that Maluki could enhance his paper by focusing on women and men, girls and boys in Mt. Elgon. In terms of how the E.A Community can affect the issue of land rights in Tanzania, it was noted that human rights groups in Tanzania are not as vibrant as those in Kenya. The few human rights organisations have taken cases to court relating to the forcible evictions but successful ones are few. 21

22 Center for Human Rights and Peace 4.0 Session 3 In this session, presentations were made by the following: Dr. Jennifer Muchiri and Dr. Alex Wanjala. 4.1 Dr. Jennifer Muchiri: Poverty and human rights through literary lenses: The case of Meja Mwangi s Going Down River Road In her presentation, Muchiri revealed that literature reflects society, while also seeking to uplift people from their depraved state. It complements other disciplines that deal with hard facts of human rights through its imaginative, aesthetic account of reality. The novel, Going Down River Road for instance, deals with characters living in squalid conditions: it raises the issue of the right to shelter, safe environment, safe drinking water, good health and livelihood. It deals with the depravity of living in an inhabitable environment, thus aesthetically allowing us to take note of how poverty degrades human beings to the status of animals. The novel dramatizes, in realistic terms, the violation of the Universal Rights to food, good housing, good working conditions, safe environment, and safe water. 4.2 Dr. Alex Wanjala: Addressing the development of classes in Kenyan society: Poverty studies and Kenyan literature. Wanjala observed that block-buster movies such as Q&A (Slum Dog Millionaire) and the Constant Gardener have highlighted the issue of poverty to a larger society leading to the growing phenomenon of slum tourism. He based his paper on The Promised Land (by Grace Ogot), Weep Not, Child and Petals of Blood (by Ngugi wa Thiong o) and The Cockroach Dance (by Meja Mwangi). He pointed out that characters in the texts portray the mental anguish of the poor due to poverty and the ironies of life. This raises the key question of who gets rewards from the freedom struggle the finger undeniably points at those who collaborated with the exploiters/colonisers. He used the subalternity studies by Gayatri Spivak, to analyze the novel Coming to Birth by Marjorie Oludhe and pointed out how the travails of Paulina and Martin mirror the emergence of the Kenyan nation. 22

23 4.3 Plenary Session In plenary, participants raised the following issues: Poverty as a Human Rights Violation? It was noted that the symbolic significance of cockroaches in literature and political mobilization, are issues which require additional explication. Gadhafi refers to Libyans as cockroaches and the Hutus think the Tutsis are cockroaches, hence the civil war/genocide in Rwanda and Burundi. Animal/insect imagery used to characterize people is intended to ensure a graphic representation of reality, to shock the audience. Literary art communicates subtle messages through nuances, unlike the factual disciplines. It was agreed that the subalterns can also speak; it is not necessarily the elite who can speak for the subalterns. There was the observation that there is need to reconcile the top-down voice of the elite which speaks for the subaltern and the bottom-up voice from the subalterns themselves. The question is how to move this voice from the monopoly of the elite, to the human rights framework, which is empowering. Further, it was agreed that removing consciousness from subalterns allows top-down strategies in development. It was noted that literature can inform public policy. Literature humanizes the poor, it does not dehumanize them. This is a tool in poverty reduction through building self-esteem and self-confidence so that it is people living in poverty rather than poor people. Governments do ignore artistic representations: and yet the question should be how can we put the presentations in statistical form? Ultimately the subalterns do have a voice and as Amartya Sen claimed that To get out of poverty is to be able to appear in public without shame. Cover of Human Rights, African Values and Traditions: An Interdisciplinary Approach, edited by P. I. Iribemwangi, J. B. Ndohvu and Margaret W. Muthee for CHRP. 23

24 Center for Human Rights and Peace 5.0 Session 4 In this session, presentations were made by: Kadara Swaleh, Prof. Shirley Randel and Melissa Vogt, Maloba L. Wekesa, and Dr Anne-Marie Hilsdon. 5.1 Kadara Swaleh: 24 Poverty and access to justice: the role of poverty in denying Muslim women access to justice in Kadhi s Courts in Kenya. Swaleh noted that Kadhi s courts are now constitutional in Kenya and that women form the majority of the litigants in these courts. Women litigants are unable to pay the legal fee, the distances to the courts are long, and many are ignorant, while the process is very tedious. On the question of whether a Muslim woman can become a Kadhi, Swaleh affirmed this possibility if such a candidate is qualified adding that the Quran does not countenance the violation of women s rights. He pointed out that while the UDHR is a later day phenomenon, Islam enshrined human rights in the Quran. However, the Hadith by the Prophet Mohammed, referred to the inadequacy of women as leaders, and this has been exploited to undermine women s rights to leadership. This Hadith is still contested by some schools of thought; indeed, the Cairo Declaration on Islam and Human Rights is a domestication of the UDHR. Swaleh revealed that there is a sense in which we can view Muslim women as desperate and helpless due to poverty. We do not have the voice of women in public discourses on human rights and therefore, Muslim women must be given voice and space for empowerment and to claim their rights. 5.2 Prof. Shirley Randel and Melissa Vogt: Gendered post-conflict experiences of poverty and human rights violations in Rwanda In their presentation, Randel and Vogt noted that the major issue affecting the entrenchment of human rights in Rwanda is the conflict between Western values

25 Poverty as a Human Rights Violation? and norms, on the one hand, and traditional cultural practices with regard to the status of women vis a vis property inheritance and decision making, on the other hand. They argued that after the 2004 genocide, 70 per cent of the Rwandese population is now female, forcing a re-conceptualisation of women s role in their society and families. Women are now homeowners and breadwinners, and part of the decisionmaking organs in the country, supported by the constitution. Rwanda has a new legal policy on gender which stipulates steep penalties for all forms of genderbased violence, including rape. 5.3 Maloba L. Wekesa: Engendering poverty through human rights discourse. Wekesa s presentation questioned the Western legal system which, the presenter argued, had evolved from the need to tame wild justice e.g. revenge, that was tearing apart early civilization. Maloba noted that the language transfer process of the rights enshrined in the UDHR, from the initial anterior languages to posterior languages of Africa, has tended to remain within structural techniques that subsume issues of context at code level. He explored the question of whether human rights as conceived by the UN, have an inferential insight of language as is prescribed by current pragmatic theorizing, arguing that, the lack of transfer in the context of human rights discourses to general populaces plays a role in engendering poverty by way of denying people a chance in governance and participation. Using his language of reference as Luvukusu, he concluded that the structural translation or transfer of human rights concepts from the European languages to African languages had many disjuncts. 5.4 Dr. Anne-Marie Hilsdon: Teaching about gender and poverty in post-genocide Rwanda. Anne Marie s presentation focused on students at Kigali Institute of Science and Technology who were undertaking a Masters Degree in Gender Studies. Her methodology entailed classroom interactions and observations in which, students responded, to issues of gender roles and masculinities and how they affected poverty, and education. She used the Female Standpoint Theory, raising key questions that included: how to integrate gender, postcolonial and human rights studies in Rwanda. 25

26 Center for Human Rights and Peace 5.5 Plenary In plenary, participants raised the following issues in relation to the above presentations: It was noted that Muslims have a dichotomy of education: secular and religious systems are available but those who pursue secular education cannot claim interpretive authority in mosques. The Hadith is still problematic and different schools of religion have different interpretations. Educated Muslim women are widely viewed suspiciously by society including fellow Muslim women and the burqa has been taken to extremes by some Muslim women. It was agreed that combining all marriage laws into one omnibus bill may be resisted by Muslims. It was observed that the constitutional requirement for 30 per cent women s representation in Rwanda has ensured that women are well represented at all levels. This Affirmative Action is dependent on political will such as the commitment by President Paul Kagame of Rwanda, and is also supported by Rwanda s first lady who clearly has an interest in women s empowerment. It was noted that prosecution of men over marital rape is rare even in developed countries. Visitors to the Center for Human Rights and Peace posing for a photo. 26

27 Poverty as a Human Rights Violation? 6.0 Session 5 In this session, presentations were made by: Dr George Jefwa Mweri, Prof. Maurice Amutabi and Linnet Hamasi, Sally Wangamati, Dr Iribe Mwangi and Prof. Taban lo Liyong. 6.1 Dr. George Jefwa Mweri: Poverty and disability: The case of human rights violations of deaf people. Mweri noted that poverty can never be eradicated unless the people with disabilities are included; disability therefore, is a human rights issue. Impairments are not necessarily disability, but, social construction propels impairments into the realm of disability. Everyone has a chance of becoming disabled and thus, this brings to the fore the vulnerability of every human being. The deaf can be pre-lingual (before birth) or post-lingual (after birth). Mweri noted that language is not speech and added that the deaf are a linguistic minority and they suffer from poverty. Deafness is usually referred to with the small d : But deafness can be viewed as a culture, therefore, the deaf are simply a different minority group (with an emphasis on difference rather than deficit, hence the need for capital the D. This elevates Deafness to a normal linguistic minority. The deaf are deprived of other human rights: access to education, denial of linguistic rights and denial of information. They suffer attitudinal and institutional discrimination where they are perceived as a curse, and described in disparaging terms. The deaf are among the most uneducated in the country which, is in breach of the UDHR. Deaf Education treats them as if they are sick and as if they must be assisted to hear. Many schools for the Deaf are poorly equipped, teachers are not well trained and the classrooms are not learner-friendly. Similarly, information on HIV/AIDS is not Deaf-friendly and the physical environment is not friendly to the Deaf, especially in the absence of sign language experts/ interpreters. Consequently, Mweri recommended that sign language should be made the language of learning, interpreters should be made available, there should be special ICTs for the Deaf, there should be close captioning on TVs, and there is need for attitudinal change through learning the sign language. 27

28 Center for Human Rights and Peace 6.2 Prof. Maurice Amutabi and Linnet Hamasi: 28 Poverty and pastoralist land rights in Northern Kenya: Interrogating historical injustices and institutional failure in Kenya In their presentation, Amutabi and Hamasi observed that northern Kenya is one of the regions of the country that has been virtually neglected by the formal institutions of the state. The government favours farming over herding, and thus pastoralists have been virtually excluded from development programmes. The rights of pastoralists have also been abused and their land is either communal or trust land, over which, the state has oversight. It is only recently that the state created the Ministry for the Development of Northern Kenya and Arid Lands. Northern Kenya supports tourism but the industry has neither been fully developed, nor have resources been ploughed back. There is need therefore for social protection for pastoralists to ensure that their livelihoods are guaranteed. Mango production in Marakwet area, for instance, can be enhanced with good roads and other support facilities. The development of Isiolo as a resort town may expand the northern part of Kenya and open it up for investments. 6.3 Sally Wangamati: Women and property rights of the Sabaot of Mt. Elgon District. Wangamati used the gender mainstreaming approach to analyse the status of women in Mt. Elgon area. Due to culture, Sabaot, women cannot access strategic properties such as land and cattle. Their fate is intimately and intricately tied to men. Wangamati argued that through gender mainstreaming, women can renegotiate their access to property and livelihoods. 6.4 Prof. Taban Lo Liyong: Whence emerges the hands of humanism to uplift vulnerable humanity? Liyong contended that poverty is largely a factor of moral decadence after the soul of the people is lost and sacrificed to greed. He took issue with Western religions, noting that they had failed, given their inability to instill a sense of discipline in citizens, hence the need to explore the possibility of embracing Traditional African Religions (TARs). Liyong decried the dearth of a national ethos among the leaders of the Republic of South Sudan (RSS), pointing out that looting and other vices have taken root. He called on East Africa (E.A.) to help midwife and shepherd South Sudan towards a better dispensation adding that, East Africa, cannot afford to play the role of the chorus in a Greek tragedy, especially given that RSS was learning the bad habits of corruption and greed from E.A, especially Kenya and Uganda.

29 Poverty as a Human Rights Violation? Liyong noted that there is a way in which Christianity and other Western values have numbed sensibilities, consigning TAR to the realm of superstitions, therefore, Africans have increasingly become irreligious. He argued for the revival of the faith of our day, to ensure that there is equity and respect for the rights of all, and in so doing, humanize human relationships. In his concluding remarks, Liyong observed that the poverty in the E.A. Southern hemisphere has a reciprocal enrichment of the northern hemisphere which anchors corrupt partnerships and unfair trade partnerships. Thus, poverty reduction is a collective endeavour which needs the involvement of all of us as stakeholders. 6.5 Dr. Iribe Mwangi: Poverty as a bottleneck to the realization of children s rights: Evidence from Kenya vis a vis the Children s Act, 2011 In his presentation, Mwangi explores why children s rights are not enforced; noting that in some cases, poverty or family deprivation is to blame. He cited statistics indicating that 40 per cent of Kenya s population consists of children aged 14 years and below. In such deprived settings, therefore, the rights of the child are sacrificed and become secondary to the larger goal of family survival. Poverty denies children their basic rights to survival, protected by the Convention on the Rights of the Child (CRC). Mwangi argued that the best interests of the child must be given preference and parental responsibility emphasized, revealing that the Children s Act binds duty bearers and rights holders to work towards ensuring that children are free from labour exploitation, have rights to nutrition, health and education, they are free from sexual exploitation and sex tourism, and that they are free from FGM and early marriages. To do this, Mwangi opined that poverty should be fought with vigour since it was established as a major hindrance to the achievement of children s rights even where some players may be willing to realize different rights. 6.6 Plenary Session In plenary, participants made the following observations: It was noted that while the UoN has a programme that trains people on Kenyan sign language it only trains hearing persons, further, that there is no curriculum for teaching the deaf in Kenya. The University also has interpreters for those who may wish to use them during lectures. The deaf have no opportunity to learn spoken language so the hearing should take the initiative to learn sign language. It was indicated that since the start of the programme at UoN, there is more awareness about the issues of the Deaf. The media however, has not taken the issue seriously. Participants were clear that women living with deafness are doubly disadvantaged, and that the situation of the Deaf at the family level is bad 29

30 Center for Human Rights and Peace because parents are not sensitized enough to realise that Deaf children have potentials, just like other children. Indeed it was emphasized that Deaf children should be put in schools for the deaf in order to ensure their special care. It was noted that there has been a symbiotic relationship between pastoralists and wildlife and the recognition of this relationship was critical for realizing the Kenya Vision National parks in Northern Kenya should plough some of their earnings back to the areas. In order to boost the economy and reduce poverty in arid areas, programmes such as the plans for establishing a factory for mango products in Northern Kenya will improve the economy of the area and reduce exploitation. Again social protection programmes can work for Northern Kenya safeguarding communities from social insecurities, such interventions as social insurance, school feeding programmes, refugee programmes, micro-financing and availability of markets and mobile schools will be instrumental in poverty reduction. On the question of gendered poverty, it was noted that the women in Mt. Elgon region are allowed to use the land but not to own it which means that they are disadvantaged in terms of power. They can farm but cannot gain from the proceeds of sale of the products or the land. Given the disadvantages, it is not surprising that some educated women opt to marry outside the community to ensure their economic independence It was observed that there is need to return to sage philosophy in defining and accepting what is good or bad, in this case the evident poverty and corruption in RSS. It may be concluded that most political leaders did not anticipate the independence of RSS, and are responsible for making sure that there is social and corporate responsibility. The international community also has a responsibility in this issue, for instance, the amount of money that has gone into RSS, from the international community is a lot but it has not benefited the people. It was noted that there are many causes of non-fulfillment of children s rights but, poverty is unique because many people would like to observe the rights but are hindered by poverty. Reduction of poverty would raise respect for children s rights. If a child cannot attain pre-school, there is a chance that they cannot attain university education, and thus contribute to breaking the cycle of poverty. Similarly, sex tourism contributes to the violation of children s rights; and young women s right to life is denied when they die as a result of unsafe abortions occasioned by poverty. The children s act specifies the protection of children from harmful culture; the definition of a child affects the fulfillment of children s rights e.g. among the Maasai and Samburu where girls marry at puberty. 30

31 Poverty as a Human Rights Violation? 7.0 Session 6 In this session, presentations were made by: Janet Ombwayo, Simon Ndulu and Dr. Ndungi Mungai. 7.1 Janet Ombwayo: Effectiveness of poverty reduction in Laini Saba Location in Kibera - Nairobi While there are several definitions of poverty, Ombwayo argued that poverty is the severe deprivation of basic human needs. The Vienna Declaration makes a direct link between poverty and human rights: widespread poverty affects the fulfillment of human rights. She listed the main causes of poverty in Kenya as inclusive of poor economic performance, unemployment, low incomes, HIV/AIDS, landlessness, insecurity, poor infrastructural development, gender imbalance, poor governance, inequitable distribution of income and systemic barriers. Ombwayo noted that the poor always fall behind, regardless of how competent they are. They include small scale farmers, casual workers, and child-headed households. She highlighted some of the national poverty reduction strategies adopted in Kenya such as the national policy on poverty reduction, Session Paper no. 10 of 1965, national development plans, poverty reduction reports, millennium development goals especially goal 1, community development funds, free primary education, slum upgrading and Kazi kwa Vijana programme. According to Ombwayo, despite all these programmes, poverty still persists. Focusing on urban poverty therefore, Ombwayo noted that rural-urban migration puts a strain on physical and social infrastructure in urban areas such as Kibera in Nairobi. Ombwayo revealed that there is no land security in Kibera which, is overcrowded with temporary housing. Most of those who were relocated in the slum upgrading programme lost their accustomed sources of income, the rents charged for the improved houses are exorbitant, the new houses disrupted social life, and there were very few health facilities in the area. Kibera, she added, has many problems associated with sanitation. Free Primary Education (FPE) has increased enrolment but it is not enough to help the families. Ombwayo conceded that poverty reduction strategies have been effective to some extent but no strategy can work independently. There is, therefore, need for 31

32 Center for Human Rights and Peace 32 proper planning, monitoring and evaluation of the strategies including participatory approaches. 7.2 Dr. Ndungi Mungai: Poverty as a human rights violation: What role could social workers play? Mungai drew the attention of the participants to the differences between absolute and relative poverty in developing and developed countries, respectively. He wondered whether poverty is a geographical issue and whether it is caused by geographical factors advising that development should be carried out with, and not for, the people. He observed that statistics on poverty should be treated with caution, expressing concern that leaders in the developing countries often promote development at the expense of human rights. HR principles should not be sacrificed for political expediency: governments should be held to account and everyone should take responsibility. HR are not fixed/static but discursive and there should be deeper reflection on who defines HR and who benefits from such definition. Although lawyers, academics, politicians, journalists and donors could have varied definitions of HR, the key question is : Are human rights defined by the powerful for the powerless? Mungai was emphatic that the right to development (enshrined in the UDHR) makes a link between development and HR, and that there is a relationship between MDG 8 and HR. There are challenges in making development relevant, sustainable, and based on human rights. Experts should be true listeners and real servants of the people. Social work is a recognized profession in developed countries but developing countries are yet to accord it recognition, as well as its contribution to the fulfillment of HR. There should be no separation between development and HR if development is to be socially and economically sustainable. 7.3 Simon Ndulu: Poverty and vulnerable populations: A case of female domestic workers in Nairobi. Ndulu based his presentation on information gathered from his engagement with female adolescents and single mothers in slum areas. He focused on the multiple faces of the domestic worker: nutritionist, nursemaid, cleaner, escort services, cook and tutor. He examined the influence of training, awareness of rights, social economic backgrounds, and work experience on the vulnerability of domestic workers. Ndulu listed the vulnerabilities that domestic workers face including low wages, sexual abuse and lack of training; indeed, vocational training has little or no effect on their awareness of rights. Ndulu recommended a trade union for domestic workers whom, he observed, were marginalised and their rights often violated.

33 Poverty as a Human Rights Violation? He decried the fact that domestic workers are slaves in modern society and the fact that they face different sets of HR violations, and called upon duty bearers such as governments, to raise their income. 7.4 Plenary Discussions In plenary, participants raised the following issues: Most NGOs approach development and human rights as separate issues yet they are the same. There is need for an integrated approach. The statistics that are available on domestic workers are unreliable and the public is not well informed about their situation. There is need for a Commission to regulate the training, working conditions and earnings of the domestic workers It was observed that there was a need for a more rational approach to the plight of domestic workers, with an indication that the presentations should be more balanced to consider even the employer, especially with regard to earnings. It was noted that 10 per cent of a Christian employer s earnings go into tithing, and perhaps there is need to interrogate what percentage should go to the domestic worker. It was evident to participants that the paper on domestic workers needs to be clear on its emphasis: is it a question of the rights of social workers or their right to development, and further, domestic workers also include drivers and lawn mowers and not just house helps. Members of CHRP in a jovial mood enjoying soft drinks during a break. 33

34 Center for Human Rights and Peace 8.0 Session 7 In this session, presentations were made by Prof. Douglas Waruta, Dr. Dulo Nyaoro and Dr. Ephraim Wahome. 8.1 Prof. Douglas Waruta Thoughts on poverty and HR from a religious-cultural dimension. Waruta noted that ideas have consequences implying that poverty is not just what we see. He wondered whether we look at society and identify certain ways of thinking that may make some communities poorer than others. Poverty can be related to culture, beliefs, values, and ideals but this area is not sufficiently explored. Waruta invited participants to reflect on how progressive ideas are rewarded and retrogressive ideas punished, giving the example of a Kikuyu proverb thina nduri miri translated to mean poverty does not have roots : This means that poverty is not a permanent feature; it can be eradicated. Waruta added that there is need to recognise the religio-cultural dimension to poverty where the cultural environment should not be ignored in the efforts to initiate equitable distribution of resources, hence, why HR scholars and researchers need to look into these relationships. According to Waruta, although poverty is often blamed on external causes e.g. colonialism, slavery and exploitation, there is need to look at internal causes, some of which are based on cultural belief systems. One for instance can propose a discourse on the place of cultural belief systems in the issue of HR and poverty and again given that poverty is an ideological issue, it should therefore be tackled as such. In concluding his presentation, Waruta noted that the logic of witchcraft also keeps Africa behind and by blaming misfortune on others we interfere with politics and development. 8.2 Dr. Dulo Nyaoro: Suspended rights extended poverty According to Nyaoro human rights have no boundaries: therefore, there is need to talk about the rights of vulnerable groups. Presenting statistics on the state 34

35 Poverty as a Human Rights Violation? of refugees in Kenya, he observed that most refugees reside in camps, which are characterized by extreme poverty and lack of access to basic needs. The HR frameworks allow us to see the challenges faced by the human society. According to Nyaoro, although refugees have the right to seek and be granted asylum, they do not enjoy their asylum period in Kenya: their right to enjoy the right is suspended and they do not have identity papers and travel documents. The Government of Kenya (GoK) has abdicated its duty to extend the rights to refugees, while the United Nations High Commission for Refugees (UNHCR) has had to step in to play the roles of protection and service provision which is a contradiction of its mandate. In Kenya, refugees cannot own property since they lack legitimate identification documents. They have no access to micro financing services, have restricted freedom of movement, cannot seek employment or conduct business, hence the increased poverty levels among their ranks. The camp situation also does not allow refugees to work: it violates their right to wage earning employment. Their access to courts of law and therefore justice is hindered. Although Nyaoro submitted that refugee hood should end, he conceded that this is difficult and voluntary repatriation is the only option refugees have out of such conditions. Nyaoro called for more advocacy on the rights of refugees and noted that this is often hindered by the fact that authorities restrict access of the camps for non-refugees, and that there is the reality that politicians do not consider the issue as a matter of priority. 8.3 Dr. Ephraim Wahome: Human rights issues in the conservation of cultural property in Kenya. Wahome s paper reviewed the Hague Convention, the United Nations Economic and Socio-Cultural Organisation (UNESCO) Declaration on Safeguarding Culture and the African Convention on Human and People s Rights. He observed that the UNESCO declaration integrates cultural properties with people s culture (architectural monuments, artefacts, cultural sites, heritage). In Kenya, we have a problem with the protection of cultural property. For example, the Vigaango memorial sites of the Miji Kenda are endangered since they have been sold off by unscrupulous profiteers. Certain coastal towns are also increasingly loosing vital materials through local vandalism. Wahome urged the government to take advantage of the wealth of these resources for the benefit of the local communities. The same case applies to the Turkana cultural complex and the El Molo cultural area where cultural resources can be harnessed. He revealed that almost 50 per cent of tourists visiting the country are motivated by cultural activities, an opportunity to be exploited for wealth creation. 35

36 Center for Human Rights and Peace 8.4 Plenary Discussions Participants raised the following issues for discussion in plenary: Given that slum residents resisted the move to better houses, what is the way forward? Would it ever be possible for slum residents to enjoy gradual improvement in their lives? This is a moot point and also touchy for a number of reasons, mostly political. Again there are bodies that interpret particular human rights and how they are applied. There was debate raised on how far advocacy for the rights of refugees should go, with queries on whether there are countries where refugees get jobs easily? It was agreed that presentation on refugees should also consider the rights of the host citizens. The Government should honour its obligation to protect refugees and their rights, including freedom of movement and relocation to a third country. Prof. Douglas Waruta making a presentation 36

37 Poverty as a Human Rights Violation? 9.0 Session 8 In this session, presentations were made by: Jacinta Mwende, Dr. Anne Assey and Prof. Julius Mwabora, and Audax Kweyamba. 9.1 Jacinta M. Mwende: The poverty of information literacy? Towards a new paradigm in the fight against poverty in Kenya. Mwende noted that most strategies focus on the material aspects of life yet, the denial of voice, or voice poverty, has not been adequately addressed and is dehumanizing. Mwende argued that although community media, evolving from the people themselves, can be adopted as a tool to empower the poor, there has been little support for the 14 community media outlets in the country. Such outlets may allow the voiceless or the subaltern to speak. Mwende argued that there is need for media literacy to equip citizens with the skills and tools to engage with mainstream media, and to conscientise them. The approach, which puts the voice of the poor at the centre is problem-solving, proactive, pluralistic and empowering. 9.2 Dr. Anne Assey and Prof. Julius Mwabora: Poverty as a factor in determining education achievement in Kenya: A case of Nyanza and Coast provinces. Assey and Mwabora pointed out that poverty has continued to impede access to education, transition and performance. They argued that poverty has exacerbated the spread of malaria, HIV/AIDS, and water-borne diseases. Poverty has also increased social vices such as prostitution, violence and theft. Due to poverty, girls who lack sanitary towels drop out or miss school. Education has the potential to help girls to make career choices, to advance professionally and to live better lives. The right to education should be enforced to ensure that all schools are accessible to children. There is need for multi-sectoral pooling of resources while a gender-sensitive school environment with gender-sensitive sanitary facilities, should be seriously considered. 37

38 Center for Human Rights and Peace 9.3 Audax Kweyamba: Neoliberalism and the right to education in Tanzania: Poverty eradication or poverty reproduction. Kweyamba noted that during the 1960s and up to 1980s, education in Tanzania was based on the Socialist Ideals of addressing local needs with an emphasis on self-reliance. The first President of Tanzania, Mwalimu Julius K. Nyerere introduced Universal Free Primary Education leading to high enrollment. Children were introduced to basic skills for working in the rural set up. Today, the neoliberal approach has taken over, subtended by structural adjustment facilities. The new education philosophy in Tanzania has resulted in poor education results/ outcomes: There is little linkage between the different levels of education which affects quality. There is also low esteem and negative attitude towards the teaching profession. Indeed, one outcome of this system is that graduates are not given adequate skills in the universities. 9.4 Plenary Discussions In plenary, participants raised the following issues: That there are values that could be greater than human rights, these include spirituality, compassion and kindness. When these values fail, human rights come into play, for instance, when family structures fail or when society becomes insensitive. Higher values do exist, but human rights exist to ensure equity/equality of all. There is always the question of the ideal voice of the poor, in this regard, can we say that Ghetto Radio/FM is an ideal voice of the poor, given that Community media is not a utopian ideal given the capitalistic stranglehold on the mainstream media. In Norway, there was a time when the state subsidized the social media such as the Koch FM media initiatives in Kenya. We must always understand who determines what gets broadcast on the community media. It was noted that the presenters need to refer to government reports or to covenants/conventions such as ICESCR/ICCPR in order to enrich their papers. It was noted that the government of Tanzania does not have a concrete programme targeting women and their rights in the education sector. It was noted that cultures are never stuck but are progressive and evolving and therefore the need for policies to reduce tourist-oriented human aggression that may negatively impact the heritage. Given that tangible heritage was the focus of Wahome s paper, thus the term conservation rather than safeguarding. 38

39 Poverty as a Human Rights Violation? 10.0 WAY FORWARD The preceding was the last session of the symposium. As a way forward, the participants agreed on the following: That the suggestions and recommendations from the symposium should be used for policy engagement and there should be more forums for bringing together practitioners, scholars and researchers from different disciplines, countries and backgrounds. As the forums are being organized, South Sudan should not be left behind in integrating the regional arrangements. There should be an outlet for the publication of the articles either as a book or a special journal editions and some can be published in the Norwegian Journal of Human Rights edited by Prof. Andreassen, which is rated highly. There is the other alternative of publishing some articles in an international journal, with global circulation. Towards this end, articles should be at least 10,000 words and citations should be in the Oxford Reference standard. The dateline for submission of the refined drafts should be after one and half months (15th November, 2011) CHRP should source for funds for the publication of the papers. The publication of the papers will add to the institutional capacity of CHRP which is starting a Master of Arts (M.A) degree course in Human Rights. 39

40 Center for Human Rights and Peace CLOSING REMARKS In closing remarks, Dr. Wahome recognized the honour given to the symposium by the Chief Justice, the Vice Chancellor, Principal, Dean and the Associate Dean. He appreciated support from the Norwegian Centre for Human Rights and the Institute of International Education. He paid tribute to the organisers and all the participants who came from outside Kenya: Rwanda, Tanzania, and the RSS, noting the exceptional work of the LOC and participants for the quality and diversity of their papers. He thanked Sylvia Sittawa for her work at the CHRP and for assisting in organising the symposium. He thanked the participants for making the deliberations not only rich but intellectually stimulating. He observed that the UoN has given special recognition to the CHRP and the process of formalizing it within the university structures is nearing fruition. He was optimistic that the products of the symposium will be disseminated through a book or journal. Dr. Iribe Mwangi presents copies of the Center's premier publication, Human Rights, African Values and Traditions to Prof. Bård A. Andreassen of Norwegian Center for Human Rights, University of Oslo. 40