Human Rights and Spitting PDF Print E-mail
Written by Eric Ng'eno   
Tuesday, 26 May 2009

I owe the curious title above to an invitation to Ms Shailja Patel, who describes herself as a human rights defender, and who reacted to my last note (published here ) with an invitation to make an appointment with her at Jeevanjee Gardens or thereabout for the purpose of availing me an opportunity to spit upon her face in the presence of her clan and all.

I will readily admit that her invitation was terribly tempting. Upon consideration, however, I concluded that accepting the invitation would convert my fairly well articulated thesis into a spectacle revolving around the person of the good Ms Patel. I am sure there are many excellent attributes to commend her, but she is, in no way the subject hereof.

And that sums up the problem with the human rights agenda today: it is a most confounding reductio ad absurdum. The fellows there have managed to reduce the concept of right to a most useless distortion that has no basis in good jurisprudence, philosophy, morality or other acceptable normative parameter. Thus, the human rights characters who assailed my article with venom, pejorative, invective and other crudity misconstrued my article to be a call for mass murder, a propagation of misogyny and an unjustified attack on the Human Rights movement. Most responses comprised ad hominem attacks of no intellectual merit whatsoever, while others, claiming to point out inconsistencies in my central thesis, found themselves in a spectacular logical contretemps.

Dearest friends, O What A Tangled Web We Weave indeed! A cardinal precept of reasoning, logic and debate is that unless you are before a court of law,the validity of your interlocutor's argument is never diminished nor affected howsoever by attacks upon his person. Indeed, calling your adversary a demi-evolue, casting aspersions on their educational qualifications, political affiliation, ethnicity, etc is an arrant commission of the fallacy of relevance. As a result of which I still assert my principal argument, which must be taken to have been conceded, in the absence of a cogent counter argument.

Which was this: How is it that over the years, the human rights movement has consistently entrenched themselves as the implacable advocates of the most hideous of criminals? Why are we more likely to hear a human rights violation being protested in support of a violent robber, rapist, murderer, thief and other stragglers in the moral contest, than we are in defence of villagers threatened by crime, of the victims of the lionised reprobate's brutality? Why did the murder of the King'ong'o Seven or whatever they were called constitute such a grievous catastrophe, whereas the crimes for which they were on the Death Row were somehow insignificant?

In Kenya today, the crime of treason appears to have been extinguished by the nascent acceptance of ideological pluralism, or, more likely, the appreciation that all the diverse political voices are after one thing, constituting no threat, but a diversified consensus. So it is safe to argue that all people on the death row have been adjudged, beyond reasonable doubt to have so heiniously violated others' rights that they deserve to die for it.Yet whilst widows and orphans abound in silent suffering amongst us, thanks to the criminals, very few of whom ever get arraigned before court, and fewer of whom get convicted, the death row convict is untouchable, a holy cow, some sacred totem of the Human Rights movement.

When a human rights type therefore claims that they are under attack, I am severely baffled. Nearly everyone in gainful employment asserts and defends a human right or other. Teachers, principally, are the custodians of the Right to Education, without which the Right to Freedom of Speech and Conscience cannot viably exist, and the right to Life and Property severely threatened. A teacher's right to equitable pay, acceptable working conditions and the exercise of his intellectual freedom, therefore, is a cardinal requisite to all the other rights which the teacher defends every day of his life.

Similarly, a healthcare professional, including doctors, pharmacists, nurses, anaethesists, physiotherapists, nutritionists and so forth constitute the vanguard of the Right To Life. Appurtenant rights might include the right to medical care/healthcare, the Right to Freedom from Inhuman /Degrading Treatment and the right to the integrity of the person. When the ministers for Medical Services and Health and Sanitation cause a paralysis in the health sector, impeding the good work of the professionals under their remit, they impinge on a most vital (pun intended) human right.

Likewise, the policeman. He must put his life on the line everyday to protect our property and lives. He is a direct costodian to The Right To Life and Property. I have said before that as a country, we treat our policemen most deplorably. When his gun is rudimentary in comparison to the thug's Uzi and AK 47, when the curriculum at Kiganjo does not sufficiently equip him with the forensic and hi tech knowhow to enable him protect us excellently, it is the taxpayer and the government, not the policemen, who violate the citizens' rights to life and to property. It means that by playing with policemen's working conditions, we trivialise our most omportant rights, like children playing with fire. A robbery therefore constitutes a human rights' violation. The mutilations and murders by SLDF and Mungiki are human rights violations.

When the armed forces were deployed to sort out the aggressors in Mount Elgon, the state was exercising a dual mandate: to protect itself and its citizens from internal aggression and to vouchsafe threatened human rights. That is why the wananchi abjectly beseeched the officers to stay awhile when their tour was complete. Yet the human rights people now talk about genocide and mass murder and gross human rights violations and torture and so forth in relation to the extermination of armed aggressors.

Even the lawyer, prosecuting, defending and adjudicating, guarantees fundamental human rights - to Due Process of The Law, to Equality Before the Law, to A Fair Trial, etc. If one side of the triad is weakened, for example by the use of blatantly ill-trained police prosecutors, the delicate balance is upset, with the result that the victim is poorly represented, whereas the abuser is triumphant.When Human Rights people take the abuser's side, snapping at the prosecutors' heels at every turn, obstructing them while doing their best under difficult circumstances, the victim's abuse is compounded.

Clearly therefore, there are many sides in every human rights paradigm. A human rights defender, like justice, ought not to take sides for human rights to be effectively exercised, upheld and defended. It would best serve a relevant role by articulating human rights in broad, inclusive, purposive-utilitarian terms. As I said earlier, the human rights movement made an extremely reckless and unconscionable decision and therefore took the wrong side in electing to perpetually side with the criminal.

The human rights movement in Kenya exists on the following cardinal proposotions,

1. It is the duty of the state to protect citizens and their property.
2. It is the duty of the state to prevent, apprehend and prosecute criminals.
3. The state is the biggest violator of human rights.
4. The only role for the human rights movement, its raison d'etre, is to protect the citizen from the state.

The only instance when the citizen requires the aid of the human rights movement is, therefore, when he has fallen afoul of the law. We must understand that the only means for the state to articulate and execute its mandate is through law. Thus the state is the executor of the Social Contract: upon relinquishing our right to bear arms, and paying tax, and other political prerogatives for the sake of the greater good, the state guaranteees us in turn, through a penal and civil code, the protection of our rights. That code, whatever your jurisprudence may be, is what we commonly refer to and understand as Law. Hence, a person afoul of the law is necessarily one who has somehow impeded the state's mandate or negated its guarantee by violating another's fundamental human rights. For the human rights types therefore to devise and assume as its mandate the defence of such a person, even, as the state in pursuance of the violated mandate assures him due process and fair trial, is most unacceptable, untenable and immoral.

There is nothing wrong with the civil society contriving to ensure state accountability within a democratic context. Indeed, that is what we require. However, when the human rights movement resolves to dedicate itself wholly to the abnegation of the Social Contract, to melavolently interloping in the protection of others' rights, to operating in league with the Dark Side, to never commit itself to a positive act of improving the state's efficacy in a human rights context and rather undermine, sabotage, obstruct and enervate it, it begins to assume a role absolutely antithetical to the entire concept of human rights.

And that is what I must conclude in the final analysis - that the human rights movement in Kenya does not understand, or is viciously opposed to the protection of human rights. The choices we make so often contradict our most ardent avocations. Thus, by eternally mollycoddling vicious criminals, the 'human rights defenders ' render vain and useless all their protestations of fundamental human rights, constitutional violations and the evolution of a progressive society. Teachers' strikes are human rights crusades. Police working conditions and terms of service are grave human rights issues. The strengthening of all our penal institutions, to empower, not weaken, the state's ability to detect, apprehend, prosecute and punish most condignly, criminals and other offenders, is a fundamental human rights imperative. In all those instances, no input is forthcoming from the human rights movement. Not a peep. Not a squeak. No human rights organisation or group has taken up the minimum wages agenda, yet its unenforceability comprises a vast human rights abuse. Neither have they helped the Government and the citizens of this country in representing the rights of teachers, policemen, midwives, prosecutors and detectives as human rights matters of vital significance.

When human rights as both concept and enterprise is thus appropriately expanded, one will appreciate thet Anglo Leasing, Goldenberg and other pilferages present immense human rights implications. So do the anarchy and vacuity of parliament, the woeful road carnage statistics, and the deterioration of the Eldoret-Kapsabet-Chavakali road. In that instance, one properly sees Pattni as not potential presidential material, but as an atrocious conniver. However, this appreciation is absent, substituted with the 'human rights defenders' obstinate fixation with the blood and gore dimension of it.

All people who serve in education, healthcare, armed forces, civil service are therefore important human rights facilitators, enforcers and defenders. To attempt to seclude the definition of human rights from its relevant social context, in order to validate and elevate the hysterical comings and goings of marginal, shadowy, redundant, inappropriate, cut-and-paste proposal-writing, grant-siphoning, workshop-attending,strident tin-gods, is to minimise and utterly denigrate the entire notion of a human rights movement. By depriving it of a utilitarian rationale, particularly by going counter to the 'greatest good to the largest number' prerequisite, human rights praxis takes on the visage of another cartel operating on the margins of society. Human rights today, in Kenya, as articulated by the trenchant 'defenders' is sinonymous with nuisance: trite, superfluous, and irrelevant at best, antisocial abetters and condoners of crime at worst.

Thus, the temptation to spit at a human rights type's face is understandably acute.


Eric Ng'eno
About the author:
Eric Ng'eno is a Nairobi-based advocate who writes passionately about Kenya.




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I accuse
written by jaya wardene , May 26, 2009
I have read and re read this great article and yet.......Why do I feel I have missed something?

Would I be right in my understanding that perhaps you believe in Human Rights but you deeply loathe the Kenya Human Rights movement for championing the cases of victims of police brutality, torture by state security officers and the extra-judicial killings that everyone is talking about? Why do I also detect here that you do not have much time for the innocent until proven guilty method?

It is difficult to find logic or reason behind your deliberate attempt to couple together vicious criminals and human rights activists....what do you mean here? Is the Kenya human rights movement in your view an umbrella organisation for deadly murderers rapists and arsonists? Your reference to the movement operating on the "Dark side" is most interesting. The article seems to have a different agenda and I am guessing that there will be more to follow.

In the meantime perhaps you may allow me to bring to the table a human right that is most dear to my heart: The Right To Grow A Full Beard (RTGFB) . If the Kenya human rights guys do not go out into the streets tomorrow to defend my beard......I might just join your organisation
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Confused fellow
written by Mwarang'ethe , May 27, 2009
Bwana Ng'eno,

You are a confused fellow to say the least. If you cared to do some little research, you would have come to the realization that, it is you who is either biased, uninformed or both. For instance, you write this: "The only instance when the citizen requires the aid of the human rights movement is, therefore, when he has fallen afoul of the law."

You also state that: " ... However, when the human rights movement resolves to dedicate itself wholly to the abnegation of the Social Contract, to melavolently interloping in the protection of others' rights, to operating in league with the Dark Side, to never commit itself to a positive act of improving the state's efficacy in a human rights context and rather undermine, sabotage, obstruct and enervate it, it begins to assume a role absolutely antithetical to the entire concept of human rights." This is patently false.

If you cared to open this website: http://www.khrc.or.ke/subsubsection.asp?ID=6, you would have seen all the stuff you are telling us about. For instance, you will see something like this: TO ENHANCE ENJOYMENT OF HUMAN RIGHTS BY ALL KENYANS. Surely, the word ALL KENYANS must capture all stuff you have written about.

Furthermore, you will see somethings like this:

- Labour Rights Project: A Case for Corporate Social Responsibility.
- Police reform project
- Prison reform project
- Govt monitoring programme. As an example, it does not require you to be the pilot of Atlantis Space Shuttle see that, this programme is about corruption. If that is the case, corruption has been a human rights issue. It is you who is realising that a bit late. We are happy to welcome you.

More so, you accuse HR defenders of assuming that, the govt. is the biggest human rights violator? Let us take your argument a bit further. Let us ask this:

- who employs and underpays the prison officers and police officers in Kenya?

- Who has failed to provide the police officers with decent houses?

- Who employs and underpays the teachers, doctors etc?

To the extent that, all these areas you have mentioned are performed, or correctly underperformed by the government, must tell you that, the govt. is the biggest violator of human rights either as defined by you or by the so called HR defenders.


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A few further questions
written by Kimemia , May 27, 2009
If by the logic of Ng'eno, the human rights organistion have become so blinded by the 'rightoeusness' of their calling as to wind up undermining the ability of such persons as the police's et al ability to do their duty of protecting the life and property of ordinary Kenyans from criminal elements, then who is to ensure that the said custodians of these human rights (the police et al) respect the very right they puport to defend?

No doubt when the police arrest and charge a suspected criminal (someone who has failed to respect somebody else's human rights), ideally they are acting in the defence of the victim with respect to the law,but should where the police fall short/ or fail altogether to do these things take precedence over whether or not the person who falll foul it is him/herself acting in accoprdance with the law?

With regardss to the state's abuse of its own employees (police, teachers et al) are there not already existing mechanisms through which these labourers can demand redress (trade Unions and the like)?
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media narrative to blame
written by trrrr , May 27, 2009
I suppose it is significant that the media focuses on specific statements or actions of the human rights groups at the expense of others. It is not that the rights groups themselves have as narrow a field of action as the article suggests.

Sure, they have a duty to make just as much noise about violence against males as females - in re domestic violence, or against the SLDF and Mungiki as against the police but that is more the province of a media/PR campaign than anything else. These organisations after all have specific remits. FIDA will not be defending men against domestic violence, not necessarily out of malice, but more because that is not within their remit.

Still, the larger rights groups have to be aware, regardless of their founding objectives, that this perception, laid out here so eloquently by Ng'eno, stands in the way of their effective reduction of rights violation, or their recruitment of the greatest number to these values they are pushing. When they seem intractably opposed to the state, and beholden to specific politicians (see Raila Odinga, etc) they betray an insincerity about their stated mission. Human Rights ought to be universal.

The great factor leading to Ng'eno's views, is the legacy in many rights practitioners minds of the 1980s and 1990s, when the shadow of state repression loomed large over Kenyan lives. There is a sense, then, that a properly working rights organisation is one that is crusading against the state. When the coalition of rights bodies calls a meeting, it is obvious that it will be one waging a war against the state.

The situation is made worse by the fact that there is very little ever acknowledgement of progress or reforms made.

But this is not without reason. You fighting a big monster? You likely qualify for big money. This gives rights groups an incentive to take on the big enemy, the state; to make out that their challenge is as extreme as they can get away with making out. It leads them to these senseless confrontations with police batons after they've goaded the system into a frenzy, see Nyayo Stadium, Jamhuri Day last year.

Likely such pictures sent to potential donors open pocket books, get lots of money in and add to the clout of these 'selfless' crusaders.

It really ought to be clear, even obvious, that with all our judges, police men, politicians, prison guards, etc drawn from the wider society; the best strategy would be to push a Universal Human Rights agenda across the population. So we are looking then to persuade society as a whole to the overall benefits of accepting these rights as justified and in the long term beneficial to the entirety of the polity, while simultaneously lobbying for their enactment in law and their enforcement by the state.

On the other hand, it must be said that this antagonism between the rights bodies and the state is not necessarily a bad thing. Even the, for lack of a better word, extremism, of the human rights bodies guarantees a vigilance that is useful against the resources the state has at hand.
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state no sacred
written by Mwarang'ethe , May 28, 2009
media narrative to blame
written by trrrr wrote on May 27, 2009 that:

"I suppose it is significant that the media focuses on specific statements or actions of the human rights groups at the expense of others. It is not that the rights groups themselves have as narrow a field of action as the article suggests."

Our views:

It may be true that, the media focusses on some statements or actions of the HR groups. However, we expect a learned friend like Ng'eno to be more informed. Otherwise, why would we call him learned?

trrrr wrote that:

"The great factor leading to Ng'eno's views, is the legacy in many rights practitioners minds of the 1980s and 1990s, when the shadow of state repression loomed large over Kenyan lives. There is a sense, then, that a properly working rights organisation is one that is crusading against the state. When the coalition of rights bodies calls a meeting, it is obvious that it will be one waging a war against the state."

Our views:

It seems to us that, you and Ng'eno, are more interested in preserving status quo. For one, there is nothing sacred about a state that, waging war against it, is such a big deal.

Secondly, as we have stated above, it is a well known fact that, states are the greatest violators of HR. This is evident in:

(a) Country Reports on Human Rights published by the U.S. Department of State. Available here: http://www.state.gov/g/drl/rls/hrrpt/.
(b) Amnesty International Reports: http://www.amnesty.org.uk/
(c) European Court of Human Rights case law: http://www.echr.coe.int/ECHR/E...udgments/.
(d) Inter American Court of Huma Rights: http://www.corteidh.or.cr/inde...=73368018.

Surely, any one who has taken time to study the facts of most cases from the above courts, leave alone mere reports by Amnesty etc, would have no problems dismissing your arguments as rubbish.
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Opinion versus thinking
written by Mwarang'ethe , May 28, 2009
Many prefer to have the comfort of having an opinion, rather, than cherish the discomfort of thinking.

Ng'eno etal, want us to believe that, the Kenyan Govt. has become to nice, that, waging war against it, is very bad. Without implying that, this report is gospel truth, it does show that, such wishful thinking is only possible to those who hate the discomfort of thinking, but, obviously enjoy the comfort of having an opinion.

http://www.nation.co.ke/blob/v...report.pdf
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don't be stupid all the time
written by trrrr , May 28, 2009
Mwarang'ethe, even you can be allowed a holiday, a hard task I can guess. Ferociously attacking windmills can be addictive.

Still, it is quite possible to talk about this without adopting either extreme. Reading Ng'eno, it is clear that he acknowledges the Kenyan state is far from nice (your word). Why else would he be talking about the abuse of prison warders rights, or policemen and teachers' rights?

The harder task, especially for those for whom thinking is mostly elementary, would be to seek to make the task of these human rights organisations easier by taking away the possibility of the charge Ng'eno supplies here, viz, that they care more about the bad guys, than they do about the good guys.

The facts of the case, are immaterial, like I said above. This is the perception, and the rights groups would do well to proselytize to a greater number than merely state operatives out (supposedly) to maintain law and order.

So Alston writes a report and the police slow down, but wait, the Kenyan wananchi repeatedly stone those accused of being Mungiki to death. Is this not still a human rights issue? When those OAPs are burned in Kisii on charges of witchcraft, is that not still human rights abuse?

Like I wrote above, Universal Human Rights.
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Matusi ya nini?
written by Mwarang'ethe , May 28, 2009

trrr wrote:

"don't be stupid all the time"

Our response:

Matusi ya nini ndugu yangu?


trrrr on May 28, 2009 wrote that:

"Still, it is quite possible to talk about this without adopting either extreme. Reading Ng'eno, it is clear that he acknowledges the Kenyan state is far from nice (your word). Why else would he be talking about the abuse of prison warders rights, or policemen and teachers' rights?"

Our response:

Contrary to your assertion, Ng'eno wrote about prison etc, not to acknowledge the imperfections of the Kenyan state, but, to show us that, kenyan "HR defenders" do not see such issues as part of HR. And, luckily, as it is expected, we have demonstrated his error.

trrr wrote that:

"So Alston writes a report and the police slow down, but wait, the Kenyan wananchi repeatedly stone those accused of being Mungiki to death. Is this not still a human rights issue? When those OAPs are burned in Kisii on charges of witchcraft, is that not still human rights abuse?"

Our response:

You are right, all these issues are under the umbrella of the HR regime. However, that is not the issue. The issue ought to be, what is the CAUSE of mob justice in Kenya?

trrr wrote that:

"Like I wrote above, Universal Human Rights."

Our response:

Yes, you are right on Universal Huma Rights. However, is that the real issue? No. Universal HR was conceded in 1948. The main issue since then has been/is, what is the stumbling block to the attainment of the UHR? The reports and case law cited above, do provide the answer.

trrr wrote that:

Mwarang'ethe, even you can be allowed a holiday, a hard task I can guess. Ferociously attacking windmills can be addictive.

Our response:

Unfortunately, if we take a holiday from thinking, we will end up with mere opinions. For instance, when someone asserts that, the "HR defenders" have not condemned HR violations by Mt. Elgon militia, just as an example, it is mere opinion because the HR organisations have doumented alot of abuses that have been committed by the Mt Elgon militia.

So, we are not joining you in your holiday.


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Eh?
written by mkosakabila , May 30, 2009
Good stuff, Eric Ng'eno. As always.
So the core question carries over from your previous note.
Sawa.
And now an even harder swipe at the industry.
Human rights is..............everything!!! smilies/shocked.gif
WHERE ARE THE DEFENDERS????? smilies/tongue.gifsmilies/tongue.gif
I too might now spit.
smilies/grin.gifsmilies/grin.gifsmilies/grin.gifsmilies/grin.gif
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A Swipe Back
written by Nyaemo Seme , June 13, 2009
Good debate Now Let's carry the mantle Inc Malcomicariture X factor.The Bigness of one is the smallness of the other and vice versa.
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