BACKGROUND.

The Annual Human Rights Day marks one of the world's most groundbreaking global pledges: the Universal Declaration of Human Rights (UDHR). The Declaration was proclaimed by the United Nations General Assembly in Paris on December 10 1948, and sets out, for the first time, fundamental human rights to be universally protected. The UDHR enshrines the inalienable rights that everyone is entitled to as a human being - regardless of race, colour, religion, sex, language, political or other opinions, national or social origin, property, birth or other status. 

This year, on 10th December 2023, marked the 75th celebration since the declaration in 1948. The 2023 Human Rights theme is Freedom, Equality and Justice for All. Gradually, human rights have become more recognised and guaranteed across the globe. The UDHR has since served as the foundation for an expanding system of human rights protection that today focuses also on vulnerable groups such as persons with disabilities, indigenous peoples and migrants. The promise of the UDHR, of dignity and equality in rights, has been under a sustained assault in recent years. As the world faces new challenges and ongoing – pandemics, conflicts, exploding inequalities, morally bankrupt global financial system, racism, and climate change – the values and rights enshrined in the UDHR provide guideposts for our collective actions that do not leave anyone behind.

As part of the Human Rights Day celebrations, we also sought to highlight the milestones we have made in our democracy as citizens, government, civil society and other key stakeholders. We acknowledge that a thriving democracy is the foundation for a prosperous nation. Hence, we come together to reaffirm our commitment to fostering a democratic society that promotes happiness, equality, and inclusivity for every individual. 

The country context in Kenya is one in which there are continued violations of human rights, shrinking of civic space, intimidations of human rights defenders, harsh economic times and adverse weather conditions continue to affect the lives of ordinary Kenyans. In addition, there is increased youth unemployment partly due to the strained economic times and rising inflation. Through the Finance Act 2023, the Kenyan government introduced a raft of new taxation that have had far-reaching effects on the lives of people in the country. This has been compounded by the deteriorating value of the Kenyan shilling, which has burdened Wananchi heavily. 

On this background, the day's celebrations provide an opportunity to raise awareness and promote action towards promoting human rights worldwide. The celebrations create a space for people to reflect, express their commitment, honour the heroes and champions of human rights, and reflect on what more can be done to achieve a fairer society. This day serves as a moment to demonstrate the work of human rights defenders and the utility of the human rights framework and institutions in ensuring freedom, development, and peace. Finally, the Annual Day of Democracy and Human Rights provides a valuable opportunity to reaffirm our dedication to democratic and human rights values and principles. By bringing together diverse stakeholders and engaging citizens worldwide, we can collectively work towards building inclusive, transparent, and accountable democratic societies. 

On December 8, 2023, The Youth Cafe, collaborating with other partners, ForumCiv, Badili Africa, and Africa Uncensored, organised a national Human Rights celebration event at the Daystar University Auditorium on Valley Road, Nairobi, Kenya. The theme, "Navigating the Consequences of Economic Shocks on Human Rights: Dignity, Freedom, and Justice for All," occurred from 9:00 am to 5:00 pm. This gathering drew a diverse audience of at least 300 participants, representing a cross-section of society, including youth, community members, persons with disabilities, and women. 

Expected Outcomes. 

• Increased awareness of human rights and the importance of defending human rights. 

• Enhanced collaboration and networking among stakeholders working to promote and defend human rights. 

• Encouraged citizen participation in democratic processes and decision-making.

• Strengthened commitment to upholding democratic values and principles globally.

STRUCTURE OF ACTIVITIES

The celebrations took the Thematic ‘village’ Discussions model. There were 4 thematic group discussions called ‘villages’: the Youth Village, the Community Baraza, the Women Village and the PWD village. The memoranda and views from the selected villages formed will form a panel for a televised panel discussion. 

The discussions from the 4 villages were concluded by representatives sitting at a televised panel discussion, where the summaries and messages from the 4 villages were put into a live discussion.  This was a televised Intergenerational Panel Discussion on The Effects of Economic Shocks on Human Rights.

These discussions were preceded by artistic performances with pieces on democracy and human rights to present their pieces that inspired and drew the audience into the discussions as a way of artivism. Part of the artivism included orature, memorable poems, and songs highlighting the journey and struggles of democracy and human rights since 1948. Javan, the musician, conveyed through his art that democracy to him means being able to express himself, especially about police brutality, which has been a critical issue in his community (Dandora). As for Vitalii Maembe – the guitarist, Democracy to him meant the power to make decisions about the issues affecting the community to be returned to the community. 

Throughout the day, online campaigns utilised social media and digital platforms to run awareness campaigns, encourage public discussions, and engage citizens in a dialogue about human rights.

OPENING REMARKS

Jackson Obare, in his remarks, declared that access to a green environment is a fundamental human right. He emphasized the necessity for the government to create avenues for investing in a green transition, ensuring a healthy and sustainable future. He pointed out the challenges posed by high taxation and interest rates, making it challenging for businesses to borrow loans and generate sustainable profits. He highlighted the impact on livelihoods and the means of sustenance, making it nearly impossible for the ordinary citizen to afford a decent life, let alone sustain their business. He noted the recent unfriendly taxation regime, which has eroded freedom and weakened the capacity to provide support, leaving many vulnerable individuals without necessary assistance.

To address and redress extreme inequalities, he stressed the importance of national and county governments working collaboratively to ensure equality and justice for all citizens. He underscored the need for favourable economic policies, emphasizing their role in shaping a society where everyone can thrive.

In the human rights economy realm, Obare observed that some governments, driven by tenderpreneurs, prioritize profits over people. This approach neglects the fulfilment of fundamental rights and undermines the sustainability of government programs, the continuity of life, and the protection of the environment. He advocated for a shift in focus, placing people at the centre of every intervention to guarantee equality, justice, and sustainability.

Referring to the statement by the UN Human Rights Chief, Obare highlighted the importance of directing investments towards addressing and redressing barriers to equality, justice, and sustainability. Instead of creating loopholes for the wealthy to evade fair taxation, the human rights economy encourages investments contributing to a fair and just society.” Instead of developing elaborate loopholes to free the wealthy from fair taxation, the human rights economy directs investment to address and redress barriers to equality, justice, and sustainability.”Statement by UN Human Rights Chief on human rights economy.

As a society encompassing civil society actors, the private sector, government, and all stakeholders, Obare urged collaboration to achieve Sustainable Development Goal 17—partnerships for goals. He emphasized the collective efforts to foster freedom, reduce inequalities, and rectify injustices.

In the spirit of unity and justice, Obare concluded by encouraging everyone to work together to achieve 'Tukue na Uhuru, Tukue na Usawa na Haki kwa wote'—Freedom, Equality, and Justice for All.~Jackson Obare -

Dr. Anastancia commended the organizers for their sensitivity to inclusivity, particularly acknowledging the inclusion of gender-related content in the event. The CEC introduced three sub-sectors within her jurisdiction: public participation, citizen engagement, and customer service. She highlighted the significance of these elements in line with the festival's theme. She discussed her sector's mandate to ensure inclusiveness for people with disabilities, the marginalized, youth, and women across all sectors in the county. She emphasized the need to sensitize different sub-sectors to guarantee inclusivity and diversity.

Notably, she announced an upcoming festival that would celebrate the ‘vibe of the city’, The Nairobi Festival, held from 12th to 17th December, by inviting attendees to participate. She highlighted the government's unwavering commitment to the fundamental principles of existence, including dignity, freedom, and justice. As the Country Executive Committee Member for Inclusivity, Public Participation, and Customer Service, she passionately advocated for these principles. She informed the audience about the county's active participation in the 16 days of activism, including the launch of the inclusion of men in the journey towards sensitization and prevention of gender-based violence. She highlighted the county's and stakeholders' collaboration in human rights and gender inclusivity.

Nairobi Governor Sakaja's support was acknowledged, especially in creating a sector focusing on gender inclusivity, public participation, and democracy. 

Dr. Anastancia emphasized the imperative of addressing the harsh realities the citizens face in light of economic shocks affecting the nation. She pointed out that the increased cost of living, rising unemployment, and economic instability were pressing issues that needed immediate attention. According to her, these challenges profoundly impacted human rights, especially concerning access to education, healthcare, and adequate housing.

She highlighted that the overarching theme of dignity, freedom, and justice for all called for collective action and reminded everyone of their shared responsibility. She believed that “in times of adversity, a society's true strength was revealed through its ability to respond with empathy, accountability, and a commitment to fairness.” In her role, Dr. Anastancia pledged to champion transparency, inclusivity, and citizen engagement. She stressed the importance of public institutions being accountable to the citizens and urged for a proactive response from all.

In conclusion, Dr Anastancia encouraged using the festival as a space for reflection, transforming challenges into opportunities. She expressed hope for growth together in realising the principles of dignity, freedom, and justice. She acknowledged her team and champions of public participation, emphasizing the need for civic education and engagement with forums like CIP. She sought support in sensitizing policies to benefit Nairobi City County residents.

THEMATIC DISCUSSIONS

1. People with Disabilities (PWD) Village: The Renaissance of Equity, Diversity & Inclusion: Forging a Path to a Just and Inclusive Future.

The panellists sought to delve into the profound impact of economic uncertainties on equitable opportunities and the realization of full human rights. They explored how economic challenges affect society, including job opportunities, access to justice, education, human capital, and the continued exclusion of special interest groups. The session also focused on advocacy for inclusive policies and legal frameworks as crucial measures to mitigate the impact of economic shocks on these marginalized groups. 

The discussions identified the specific challenges faced by marginalized groups during economic uncertainties and sought to propose actionable strategies for fostering a more inclusive and just future. 

Some of the challenges identified include:

• The constitutional provision allocating 5% employment opportunities to Persons with Disabilities (PWDs) is not being met. 

• There are discrepancies in accessing medical facilities that limit the ability of PWDs to receive timely and adequate healthcare. PWDs face stigma regarding Sexual and Reproductive Health Rights (SRHR) and are not perceived as individuals capable of having families. 

• PWDs struggle with a high cost of living, including expensive transport, rent, goods, and properties, compounded by a lack of formal employment.

• Misrepresentation of PWDs in the County assembly. The Disability Act is not being observed. 

• PWDs face a lack of information, and the communication channels used by the government, e.g. social media, are not friendly. 

• Accessing tenders and affirmative action programs due to high interest and lack of accessibility is challenging for PWDs. 

• There is a lack of clarity on severe disability definitions. 

• What is the need for regular renewal of PWD cards? 

• The undercounting of PWDs in the last census. There is a need to understand why they were undercounted. 

• A lack of qualified teachers for primary education for PWDs leads to additional costs. 

• Transportation for PWDs is challenging due to inaccessible vehicles and a lack of disability etiquette. 

Recommendations

• Event organizers should allocate a minimum of three consecutive days, three times a year, for immersive learning, collaborative sharing, and the development of actionable plans, ensuring a holistic approach to addressing challenges faced by Persons with Disabilities.

• It is recommended that the National Construction Authority (NCA) initiates and accredits courses focused on Persons with Disabilities (PWDs) to ensure that all construction practices align with and cater to the specific needs of PWDs.

• The government's public participation processes should actively involve Persons with Disabilities from the beginning, ensuring their meaningful inclusion and contribution to decision-making processes.

• There is a need to hold the government accountable for its commitments to Persons with Disabilities made during campaigns, involving establishing precise mechanisms to assess and ensure the fulfilment of these promises.

• Civil Society Organizations (CSOs) should collaborate in solidarity to hold governments accountable for their commitments to Persons with Disabilities, fostering a united effort to monitor and enforce adherence.

• All key stakeholders, including government officials and organizations, must demonstrate political goodwill and intentional commitment to addressing Persons with Disabilities, emphasizing the active implementation of existing laws and policies.

• All meetings should have a government representative who can be held accountable for the recommendations given.

2. COMMUNITY VILLAGE: From The System We Have To the System We Want: Driving Community Collective for Fostering People Power? 

The panellists who guided the discussions in the village were:

1. Eve Merin-  Enka Kenya Sidai- Kajiado

2. Sungu Oyoo- Kajullu- Kisumu

3. Wanjira Wanjira- Mathare Social Justice Centre

4. Kashero Wencalaus- KCF

One prominent issue that exacerbates human rights violations in Kenya is the high cost of living and soaring prices of essential commodities contributed by high fuel prices and taxes. This has a detrimental impact on the population, particularly those living in poverty, who are already marginalised and vulnerable. High prices can exacerbate poverty, inequality, and social exclusion, violating economic, social, and cultural rights. Citizens' access to food, education, healthcare, and other necessities becomes severely compromised, undermining the principles of equality and nondiscrimination on which human rights and democracy are built. This affects the Right to Food, Education, Health, Work, Possessions and Reproduction.  School and University fees have increased in Kenya in the recent government, which will increase illiteracy rates, low participation in democracy, low production in job creation and lack of improved development in the future. High health prices will increase immortality in future rates. The issue of youths forming families is increasingly being challenged as more youths feel it's a burden to reproduce when life is becoming more expensive to afford basic needs. 

• High fuel prices tend to disproportionately affect the most vulnerable populations, including low-income individuals, women, and marginalised communities. Such individuals often spend a significant portion of their income on transportation, particularly in remote areas with limited public transport options. Consequently, increased fuel costs can reduce access to essential services like healthcare, education, market areas and employment opportunities. With increased fuel costs, businesses face higher operational expenses, reducing profitability. This can result in job losses, decreased wage rates, and an overall economic slowdown, aggravating poverty and inequality. 

• High taxes have a significant impact on employment rates in Kenya. When taxes are too high, businesses have struggled to generate sufficient profits to expand their operations or hire more employees, resulting in higher unemployment rates. High taxes have discouraged foreign investors from establishing businesses in a country, further limiting employment prospects for its citizens. For example, high taxes in Kajiado have promoted the relocation of businesses to Tanzania. Also, due to high prices, many employment sectors have closed down, increasing Gender Based Violence (GBV) as more people are becoming stressed about plans. 

3. YOUTH VILLAGE: Navigating the consequences of economic shocks on human rights: freedom, equality and justice for all and how it affects Youth.

This breakout room was moderated by Wilkister Aduma and the panelists present included;

• Zeina Pombo – Campaigns manager, Amnesty international

• Mercy Mutana – Youth representative at one campaign Africa

• Kimberly Achieng – Talanta Africa

• Dennis Mugo – CEO at Youth Alive Kenya

The discussions were overshadowed by the substantial punitive taxes and charges introduced by the government in Kenya that have and will continue to impede the freedom, equality and justice for all, particularly the youth. Zaina from Amnesty International stated that Amnesty is mandated to conduct 80% advocacy with 20% rapid response, but this year, it has been the opposite. They are forced to undertake more rapid responses now and do humanitarian work such as providing food rather than human rights work. This is because even before legal aid, Kenyans need essential commodities first. Youths, who are the second group after the poor, are less protected in this country and are discriminated against. This is because of unemployment and taxes, among other human rights violations. 

Mercy, a youth representative, amplified this by stating that most employers are now downsizing. In contrast, others offer contractual jobs rather than permanent and pensionable ones because of the high taxes. This current state has primarily affected the youths who are more likely to be laid off as they are the majority at the bottom of the employment pyramid. This has resulted in a heightened rate of unemployment, and criminal cases are rising because youths cannot access their right to healthcare education, among others. At the same time, people back home still depend on them financially. Therefore, youths resort to stealing and other criminal activities.

Denis, CEO of Youth Alive Kenya, noticed that there is currently a state of hopelessness among the youth, with the youth being less interested in public participation. This is because they expressed that even if they voice their concerns, the government does what they want to do. Youth are approximately 70% of the Kenyan population; however, when it comes to participation, women and men are given 50 - 50 chances, leaving little chance for the youths. The policies put in place are not in sync with the aspirations of the youth. This has led to them normalizing scandals and corruption, which is at the centre of it. Youths reinforced this discussion by highlighting real-life challenges and shocks when handling human rights and democracy work.

4.. WOMEN VILLAGE- Driving Collective Action for Human Rights: A System-Wide Approach to Transformation

The panelists who animated the discussions here were

1. Imunga Kalivera

2. Habiba Abdi

3. Milka Gakuru

4. Nancy Anyango

The panellists delved into the crucial role of private sector engagement in advancing human rights and democracy within the country. Moreso, the role of women in democracy within the society and economic scale and how the economic shocks hinder women from enjoying their rights. Some of the economic barriers discussed were employer discrimination, violence against women at work, access to assets and participation in decision-making and leadership.

It was discussed that women should be put in spaces where they have leadership mandate and participate in decision-making, especially concerning matters or decisions relating to women. Women should create awareness of women's issues to women, men and children to break societal norms and create change from generation to generation. Male engagement should also be encouraged so that men enlighten fellow men on matters concerning women.

This breakout room also focused on systemic issues for women. Succession and inheritance laws, lack of access to education, cultural norms, sexism, state policies and lack of religious freedoms. What are some of the societal expectations that we should break? What are some of the societal expectations that are already working towards empowering women, and how do we scale them up?

Introduction of fiscal policies, specifically sexual education and reproductive health rights. Educate the society on their sexual health and rights. According to statistics, in every 4 women, 1 is a victim of GBV/SGBV, and in every 7 men, 1 is a victim of GBV/SGBV. The government allocates 46B every financial year to deal with cases of GBV and SGBV or GBV in general; how do we seek accountability from the government regarding the money allocated for this? 

The gender pay gap is also an emerging issue in workspaces. In recent years, it is noted that the gender pay gap has expanded from 31% to 46%. How do we achieve gender parity, especially in STEM careers? How do we balance the unpaid labour hours between men and women, especially for those raising children? The Employment Act and the Equal Pay Act should be revisited, and such issues should be outlined in detail. For the women in the informal sector, how do we reduce their burden when it comes to work, keeping in mind they bear the heaviest weight when it comes to VAT?

LIVE TV PANEL DISCUSSION 

The theme was “Navigating the Consequences of Economic Shocks on Human Rights: Freedom, Equality and Justice for All.”

Diana Gishengo from The Institute for Social Accountability (TISA) expertly guided the panel of representatives from the four villages and supported them in bringing forth the discussions in the 4 villages that had representation from across the country and the 47 devolved government units.

Seventy-five years after the declaration of human rights was adopted globally, we are still fighting for freedom, equality, and justice. Most Kenyans are still reeling from the Finance Act due to all the numerous taxes introduced. The government is now denying Kenyan citizens free access to family planning. If you can no longer access family planning, there are more unwanted pregnancies, and we are likely to see more men get angry at women for carrying unwanted pregnancies.

Due to these economic shocks, women can no longer access cannot access essential services such as GBV but also take up the silencing burden of unpaid work at home and continue to suffer marginalization. Additionally, women are not able to secure employment due to discrimination. Still, also, in the regime of increased taxes that have affected essential services and goods, women continue to bear the weight of these taxes.

On the Finance Act 2023, Persons with Disability have been sidelined. When taxes are high, there is a lack of access to information where children who need extra resources (i.e., braille, large print and digital text) are not able to access such services therefore, cannot compete competitively with other kids. This makes them drop out and end up in the street. With the economic challenges, companies are downsizing, and Persons with Disability are victims of this because they need more resources ( assistive devices) to perform their work. Retaining employees have to prove twice as much as their colleagues that they can work and have the requisite skills in employment. Things which are to promote human rights have been treated as business. Kenyans are unaware of what happened to petroleum in Turkana, yet we hear of a rise in fuel prices. 

Parliament and the Judiciary are independent institutions, yet we haven’t seen independence in passing legislation like the finance bill, which has imposed many taxes on Kenyans. Members of Parliament are said to have been intimidated and forced to pass the bill. The different arms of government should be allowed to operate as stipulated in the Constitution without undue interference. Those holding executive power should learn to obey the constitution they vowed to protect and obey when taking office.

Learning and Reflection

Democracy provides a crucial platform for protecting and promoting human rights. Through democratic processes, individuals can voice their concerns and grievances, leading to greater transparency and accountability in the governance system. The free and fair election of representatives ensures that the government reflects the people's will and acts in their best interest. Moreover, democratic societies tend to have more vital institutions protecting human rights, such as independent judiciaries and commissions.

By upholding the core values of democracy, such as equality and freedom, human rights can be safeguarded and advanced. Conversely, human rights are essential for the functioning of a vibrant democracy. Without the protection of human rights, democracy can become a mere facade, with violations of civil liberties and authoritarianism prevailing. Young people and citizens are responsible for tackling economic injustices and adversities to address human rights issues.

The effects of high prices on human rights and democracy in Kenya are far-reaching and damaging. These effects undermine the ability of individuals to exercise their fundamental rights and deepen existing inequalities. Additionally, high prices can hinder political participation, foster corruption, and fuel social unrest, directly impacting the democratic process. To uphold human rights and strengthen democracy, governments must address the root causes of high prices, implement policies to mitigate their impact on vulnerable populations, and ensure transparency, accountability, and inclusivity in decision-making processes concerning economic matters.

Call to Action

• It calls for action to treat every individual in Kenya with dignity and fairness.

• The government of Kenya should focus on the Human- Rights approach to development. A democratic society cannot live without upholding and protecting human rights, while human rights principles serve as the foundation for democratic systems. Promoting and preserving human rights is crucial to safeguarding equality, justice and freedom within democratic societies. 

• Young people and citizens are responsible for tackling economic injustices and adversities to address human rights issues.

• We should create a fairer society for everyone to thrive and express their democratic rights. 

• Human rights should be deliberated daily, not just on Democracy Day. 

• The Government of Kenya should explore strategies to alleviate the burden of high prices, especially for essential commodities, and mitigate the impact of excessive taxes on human development. 

• Organisations should evaluate the International Monetary Fund's (IMF) impact on Kenya’s development, specifically regarding loan allocation and repayment. 

• It calls for action to treat every individual in Kenya with dignity and fairness.

• The government of Kenya should focus on the Human- Rights approach to development. A democratic society cannot live without upholding and protecting human rights, while human rights principles serve as the foundation for democratic systems. Promoting and preserving human rights is crucial to safeguarding equality, justice and freedom within democratic societies. 

• Young people and citizens are responsible for tackling economic injustices and adversities to address human rights issues.

• We should create a fairer society for everyone to thrive and express their democratic rights. 

• Human rights should be deliberated daily, not just on Democracy Day. 

• The Government of Kenya should explore strategies to alleviate the burden of high prices, especially for essential commodities, and mitigate the impact of excessive taxes on human development. 

• Organisations should evaluate the International Monetary Fund's (IMF) impact on Kenya’s development, specifically regarding loan allocation and repayment. 

CONCLUSION

The Annual Democracy and Human Rights Festival is a call to action, reminding us that the promotion and protection of the democratic space and human rights is an ongoing responsibility for everyone. Celebrating Dignity, Freedom, and Justice for All is a beacon of hope and unity, reminding us that our collective efforts can bring about positive change and a more just and equitable world for all.