Peaceful 2022 Elections: Civic Space and Fundamental Freedom In Kenya
As Kenya prepares for general elections on August 9, UN experts urged authorities, candidates, and political parties to create an enabling climate for peaceful elections and to minimize election-related violence.
"Civic space, public involvement, basic freedoms, and a violence-free environment are crucial to ensure broad participation in the election process and the exercise of political rights," the experts emphasized.
The UN experts encouraged all Kenyan stakeholders to respect and preserve the right to political participation, freedom of assembly, association, opinion, and expression, as well as the role of an independent judiciary in elections.
They stated that hate speech and incitement by politicians and their followers have the hazardous potential to start or fan the fires of violence, as well as political tensions and violence throughout the campaign season.
"All participants in the electoral process must pledge to act peacefully before, during, and after elections. The experts urged candidates and political parties to avoid using rhetoric that might incite violence and human rights violations, particularly against women, people with disabilities, LGBTIQ+ people, or members of other ethnic groups.
Previous Kenyan election cycles have been marked by violence and abuses of human rights, including fatalities and violence against women and girls. Following the 2017 elections, numerous UN experts communicated their concerns to the Kenyan government about these alleged infractions.
"Authorities must ensure accountability while taking all necessary precautions to stop human rights breaches during the current elections. To end cycles of violence and stop recurrence, they must also vigorously pursue accountability for election-related offenses and sexual assaults committed during prior elections, according to the experts, who also pointed out that "Perpetrators who committed human rights violations during prior elections are yet to be held accountable."
The experts also discussed how the right to political participation has been impacted, notably for female candidates and voters, by the frequent acts of violence during previous elections.
They encouraged Kenyan authorities to take concrete steps to guarantee that women may participate freely in the election process, free from harassment and sexual and gender-based violence, and without fear of retaliation.
At the heart of democratic government, according to the experts, is the freedom to take part in public life, including the freedom to vote and run for office without fear of violence. "To guarantee that women candidates and voters may participate meaningfully in the electoral process, gendered hate speech, any verbal or online threats, intimidation, or violence against them must be prohibited and swiftly addressed."
The UN experts also encouraged officials to make sure that journalists, members of civil society, human rights advocates, and election observers may go about their lawful business without fear of intimidation or retaliation. They are essential to a fair and inclusive electoral process and the confidence of the outcomes, according to the experts.
The experts said preserving internet connectivity and telecommunications was essential to defending civic space and welcomed the government's promise to avoid communications shutdowns throughout the election season.
They also emphasized the need of upholding the Kenyan Constitution's protection of the right to peaceful assembly during the voting process. "Journalists and human rights activists have a right to observe and report on gatherings, and they must be safeguarded and not hindered throughout the activity."
The experts stated that effective law enforcement and public order management should prioritize steps to de-escalate tensions, including via conversation, in order to promote the enjoyment of political rights and basic freedoms, including the right to assemble.
The experts added that "the application of elections security management guidelines, that facilitate, respect and protect human rights and fundamental freedoms will be critical to secure the right to political participation in the country." They applauded the judiciary's cooperation with other important institutions in the preparation for the elections.
The UN experts emphasized the significance of fostering an atmosphere that will support peaceful, inclusive elections that will fulfill Kenyans' hopes.
GENEVA, 21st July 2022
(Relief Web)
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