The clashes in the Mount Elgon region made a brief appearance in the national media a few months ago, before being displaced and in many quarters forgotten.
Here at KenyaImagine Collins Mbalo and Patience Wanga penned their thoughts bringing to this forum the much needed discussion. KenyaImagine contacted the KNHCR to find out what actions they had taken with regard to the situation. What follows here is an interview with the Kenya National Human Rights Commission on their response to the calamity.
KNHCR: The commission has done a lot of work in mobilizing action towards Mt. Elgon. The commission is working together with Civil Society Organizations (CSOs) to mobilize action by the government to stop the conflict. In particular, the KNCHR, working together with CSOs met with the Parliamentary Committee on Security on April 3, 2007 and proposed specific recommendations for action. These recommendations were read specifically on the floor of the house by the chairman of the committee as proposed by the team of CSOs and KNCHR. The debate went on for over two hours and was very emotive. The Parliamentary committee this week visited Mt. Elgon and is supposed to table a report to parliament.
kI: Has the KNCHR sent a mission to Mount Elgon area? If so, how much time did they spend, and how many people could they interview?
KNHCR: The Kenya National Commission on Human Rights has been monitoring the situation in Mt. Elgon since November 2006. Our initial fact finding mission revealed that there had been a massive security operation the area. At the time, there were complaints of the police using indignifying (sic) methods of obtaining information such as stripping people and frog-marching them, subjecting them to beatings amongst other things.
Since then, KNCHR has been on the ground on various dates between January and April (we currently have a team in Mount Elgon) to attend reconciliatory meetings between elders, meetings with the provincial administration, to collect and record statements of complaints and human rights violations.
The commission has interviewed over 50 persons ranging from the victims of the violence, the security officials, church and human rights groups and provincial administration. In addition, in March 2007, the commission sent its complaints and investigation team to receive petitions of persons who have been affected by the violence and conflict in Mt. Elgon. The data collected indicts police officers and the Sabaot Land Defence Forces of the following offences arson, destruction of property, assault and killings. The cases are presently being investigated for individual action and follow up.
kI: If a mission was sent, were its officers allowed access to the afflicted areas, or were they stopped well before by the (in) security forces, as has been reported with regard to various other NGOs and MPs?
KNHCR: The commission had full access to all areas and to all persons that we intended to speak with. However, we must note that in some instances, the fact that we had access did not mean that people felt free speaking with us. In some cases, the people felt that if they spoke with us, they would be victimized either by the security or the militias. It was therefore difficult to obtain information on the operations of the police and the militias even when there was the promise of keeping the source of information confidential.
Provincial administration facilitated meetings with elders and were present to answer questions and provide responses when required to.
kI: Was the Commission in other ways hindered or intimidated in the discharge of its duty, or was such attempted?
KNHCR: The commission has mainly been hindered in discharging its duty by not having the opportunity to meet with the Minister for Internal Security despite numerous attempts to be granted audience. As such, the discussion that we could have had at that level earlier on in the year did not happen. It is thought perhaps that some of the deaths could have been averted had the government taken other measures earlier on. In particular, the crisis would have been stopped had the land allocations been revoked immediately there were concerns about the process of the allocations.
kI: Have reports of rape of local residents by security forces been received by KNCHR, and if so, are such reports deemed to be (prima facie) credible? Furtheron, does KNCHR intend to cover the gender aspect of this conflict specifically?
KNHCR: The commission has heard general reports of rape in the area. Our initial investigations revealed that most of the cases were not reported to the police because it was thought that they were part of the security forces anyways and that no action would be taken. In addition, many of the victims did not even report to a hospital for investigations and management. We have only received two specific complaints on rape that are being dealt with together with Maendeleo ya Wanawake and ActionAid Kenya . In addition, the commission has consistently stated that persons who perpetrate violence and human rights violations must be held accountable for their actions.
The matters of gender are key human rights issues especially since the majority of victims of conflict are women and children. This is the reason the commission has been involved in matters of conciliation as it provided for in our constitutive Statute. KNCHR remains steadfast in the view that a lasting solution to peace can only be achieved through dialogue with the community and not only by the government issuing directions and sending security forces.
Any further questions can be sent by Private Message to the editor account from the profile area of your account. We will be glad to forward them to KNHCR.
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Perhaps the KNHRC and other such organisations need to be able to go before Parliament and lobby for specific action to be taken, not just against the Police and the SPDF but against the political leaders who allow this to go on unababated. Otherwise it is just reports like these which you get the feeling your average Kenyan neither reads nor cares about at all.