COHRE Protest Nairobi 2010

SHELTER FORUM

His Excellency Hon. Mwai Kibaki, CGH, MP President and Commander In-Chief of the Armed Forces of the Republic of Kenya Harambee House P O Box 30510 NAIROBI 13th April 2010 Re: Over 50, 000 people living and/ or working along the Kenya railway reserve land across the country under threat of forced eviction.

We, the undersigned organizations, are writing to express our grave concern about the impending forced eviction of people who are staying along the Kenya Railway (KR) reserve. On 21 March 2010, the state-owned Kenya Railways published a notice in the daily newspapers giving those living on the railway reserve land countrywide a notice of 30 days to pull down their structures and leave “or face forceful eviction�. The land in question is 100 feet on either side of the railway. We call on the Kenyan government to halt the proposed evictions until applicable guidelines, which comply with international human rights standards, are adopted as a matter of priority.

The 30 day notice has indicated that failure to adhere will also lead to prosecution of persons living on Kenya Railway land reserves. Most of the people affected by this measure are slum dwellers in parts of Nairobi, including Kibera and other railway reserve land countrywide. The biggest concern arises from the fact that after several years on the railway reserve, many people have build up their homes and livelihoods on these lands and when forcefully evicted they are likely to lose their property, shelter and incomes. This will have a devastating impact on their access to other services like water, sanitation, food, education, health and

development of a humanitarian emergency. This eviction notice has not followed due process.

A thirty-day notice period is clearly inadequate to explore alternatives and resettlement options. The people have not been consulted and the government has not offered alternative housing and other resettlement options to people. Going by previous practice such large scale forced evictions would possibly lead to other human rights violations, the use of excessive force and consequent destruction of homes, informal businesses and family livelihoods.

While we appreciate the efforts by the Government to upgrade the railway system, we are deeply concerned that for people living and working along the affected areas, the demolition of homes and informal business sites would be socially and economically disastrous. To date, no comprehensive resettlement or compensation plan has been announced and we are concerned, as has been the case in the past that the Government has no provision for those whose homes and businesses will be demolished as a result of the railway upgrading project. In response to similar planned evictions in 2005 in regard to the railway reserve, the Government of Kenya commissioned a study to develop a relocation action plan. The study, Relocation Action Plan for Improving Safety along Kenya Railway line (RAP), was finalized in 2005 and made available to stakeholders and the general public in 2006. The Plan revealed that as many as 50,000 people or more live or work within the reserve in Nairobi alone and many thousands more use the tracks as a walking route to and from their residents. It emphasized the need to ensure an ordered relocation process. For unclear reasons, this plan has never been implemented and it has not been stated if it will be implemented in relation to the impending evictions.

We would like to remind the Kenyan Government that under international human rights law, evictions may be carried out only as a last resort, once all other feasible alternatives to eviction have been explored in genuine consultation with the affected communities. Evictions can only be carried out when appropriate procedural protections, identified by the UN Committee on Economic, Social and Cultural Rights are in place. Governments are also under an obligation to ensure that no one is rendered homeless or vulnerable to the violation of other human rights as a consequence of eviction. Adequate alternative housing and compensation for all losses must be made available to those affected prior to eviction, regardless of whether they rent, own, occupy or lease the land or housing in question.

As a State Party to the International Covenant on Economic, Social and Cultural Rights, the Government of Kenya is legally obliged to respect, protect and fulfill the right to adequate housing, including the prohibition on forced evictions, as guaranteed under Article 11(1).

Forced evictions also contravene Article 17 of the International Covenant on Civil and Political Rights (ICCPR), which provides for the right to the protection of the law against arbitrary or unlawful interference with a person’s privacy, family or home. Kenya is party to the ICCPR. The African Commission on Human and Peoples’ Rights has also affirmed in the case of SERAC v Nigeria, that forced evictions contravene the African Charter on Human and People’s Rights to which Kenya is a party, in particular, Articles 14 and 16 on the right to property and the right to health and Article 18(1) on the State’s duty to protect the family.

The Kenyan Government has made commitments to various international bodies that it will adopt eviction guidelines, which will incorporate safeguards and due process. In November 2008 in its concluding observations the UN Committee on Economic, Social and Cultural Rights, after considering Kenya’s State Report, specifically recommended that protection against forced eviction should be included in the new constitution. The Sessional Paper No 3 of 2009 on National Land Policy specifically called for the establishment of a legal framework for eviction based on internationally acceptable guidelines. A national task force is already in place in the Ministry of Lands to develop such a framework. In the absence of such guidelines, largescale forced evictions of people living in informal settlements regularly occur in a manner that contravenes international human rights standards We therefore call upon the Kenyan Government to stop all plans for forced evictions, Consult with the affected communities in developing a Relocation Action Plan and follow due process in ensuring adequate alternative housing, resettlement, compensation, and livelihoods. Ensure that guidelines on evictions, in conformity with international human rights standards are adopted as a matter of priority before proceeding any further with the proposed evictions for the railway reserve. In particular we would like to emphasize that the Kenyan Government is obliged under international human rights law to ensure genuine consultation with affected communities on all aspects of the project and to adhere to an agreed comprehensive relocation plan.

We look forward to your response and an ongoing dialogue with your Government on ensuring the rights of the affected individuals and families to adequate housing. We and the affected communities would appreciate receiving information about any actions undertaken by the government to resolve these concerns and about the progression of plans in relation to this project. We will be contacting you shortly to follow up.

We thank you for your time and attention to these matters.

Odindo Opiata, Director, Hakijamii Trust.

Eric Makokha, Chief Executive Officer, Shelter Forum

For Claudio Cordone, Secretary General (ad interim) Amnesty International

Salih Booker Executive Director, COHRE

Cc: The Rt. Hon. Raila .A. Odinga, EGH, MP Prime Minister Treasury Building, 14th Floor P O Box 74434, 00200 NAIROBI

Hon. S. Amos Wako The Attorney General Attorney General’s Chambers Harambee Avenue P O Box 40112, 00100 NAIROBI Hon. James Orengo Minister, Ministry of Lands Ardhi House P O Box 30450, 00100 NAIROBI Hon. Mutula Kilonzo Minister Ministry of Justice, Constitutional Affairs and National Cohesion Cooperative House, Haile Selassie Ave. P O Box 56056, 00100 NAIROBI

Hon. Robinson Githae Minister, Ministry of Nairobi Metropolitan KICC Building, 26th Floor P O Box 30130, 00100

Hon. Soita Shitanda Minister, Ministry of Housing Ardhi House P O Box 30450, 00100 NAIROBI Hon. Charity K Ngilu Minister, Minister of Water and Irrigation Maji House P O Box 49720, 00100 NAIROBI

Office of the High Commissioner for Human Rights

Raquel Rolnik UN Special Rapporteur on the Right to Adequate Housing