report on the sexual orientation, gender identity & human rights incountry... · 2017-07-10 ·...

Report on the Sexual Orienatation, Gender Identity & Human Rights Kenya Incountry Workshop

Report on the SexualOrientation, Gender Identity &

Human Rights

The Kenya In-country Workshop

REPORT ON THE SEXUAL ORIENTATION, GENDER IDENTITY & HUMAN RIGHTS KENYA IN-COUNTRY WORKSHOP

HELD ON 29-30 May, 2017

AT

UKUNDA, KENYA

The Network of African National Human Rights Institutions (NANHRI)

The Network of African National Human Rights Institutions (NANHRI) is a not-for-profit- organization and regional umbrella body that brings together 44 National Human Rights Institutions (NHRIs) in Africa. NANHRI, whose Secretariat is based in Nairobi, Kenya, is registered under Kenyan laws as an independent legal entity. It has been operational since 2007.

The Network works towards the establishment and strengthening of the NHRIs in Africa. It also facilitates coordination and cooperation amongst NHRIs and links them with other key human rights actors at the regional and international level. It supports these institutions through capacity building to meet their objective of protecting and promoting human rights at the national level.

VisionA continent with effective NHRIs; contributing to an enhanced human rights culture and justice for every African.

MissionTo support, through national, regional and international co-operation, the establishment and strengthening of NHRIs to more effectively undertake their mandate of human rights promotion, protection, monitoring and advocacy.

Values and Guiding PrinciplesTo achieve its mission and vision, NANHRI is committed to the following: - Transparency, Accountability, Openness, Cooperation, Professionalism and Gender Equality

Website: www.nanhri.org

E-mail: [email protected]

Facebook: Network of African National Human Rights Institutions

Twitter: @NANHRI40 #NANHRISOGIEProject

Published by:

The Network of African National Human Rights Institutions2nd Floor, CVS Plaza,Lenana RoadP.O Box 74359-00200Nairobi-Kenya

Copyright © 2017

Network of African National Human Rights Institutions (NANHRI)All rights reserved.

This publication or parts of it may be reproduced if the author and source are quoted.

Acknowledgement

We wish to specifically thank the main facilitator Commissioner Lawrence Mute who is a lecturer at the Nairobi School of Law. He also is a Commissioner at the African Commission on Human and People’s Rights and serves as the Chairperson on the Committee for the Prevention of Torture in Africa.

The workshop would not have been successful without the contribution and participation of representatives from the Kenya National Commission on Human Rights (KNCHR), Office of the Director of Public Prosecutions, Office of the Attorney General & Department of Justice, the National Gay & Lesbian Human Rights Commission (NGLHRC), the Gay & Lesbian Coalition of Kenya (GALCK), East Africa Trans Health & Advocacy Network (EATHAN), Kenya Human Rights Commission, Human Rights Watch and representation from the Intersex community.

The NANHRI secretariat appreciates the contribution and participation of all stakeholders present.Importantly, The NANHRI secretariat would like to recognize and appreciate the efforts put by the NANHRI staff and KNCHR to make the workshop a success.

Acronyms _______________________________________________________________ i

Executive Summary _______________________________________________________ i

1.0 Summary of Proceedings – Day 1 _____________________________ 11

Preliminar ________________________________________________________ 11

Public Interest Litigation on SOGI Rights _____________________________ 12

Engagement on Law Reform ________________________________________ 14

2.0 Summary of Proceedings – Day 2 _____________________________ 16

Protection and Promotion Strategy ___________________________________ 16

Conclusion _______________________________________________________ 16

3.0 Annex 1 – Concept Paper on Law Reform ______________________ 17

4.0 Annex 2 – Stakeholder Feedback on KNCHR’s Action Plan on

SOGIE Rights ______________________________________________ 20

5.0 Annex 3 – Agenda __________________________________________ 26

6.0 Annex 4 – Participant’s List __________________________________ 28

Table of Contents

Report On The Sexual Orienatation, Gender Identity & Human Rights Kenya In-country Workshop

ACHPR African Commission on Human and Peoples’ Rights

CSOs Civil Society Organizations

EATHAN East African Trans Health and Advocacy Network

GALCK Gay and Lesbian Coalition of Kenya

HRDs Human Rights Defenders

HURINETS Human Rights Networks

IEC Information, Education and Communication

KEPHRA Kenya Parliamentary Human Rights Association

KICD Kenya Institute of Curriculum Development

KHRC Kenya Human Rights Commission

KNCHR Kenya National Commission on Human Rights

KNEC Kenya National Examination Council

KLR Kenya Law Reforms

LAC Litigation and Advocacy Collective

LGBTIQ Lesbian, Gay, Bisexual, Transgender, Intersex, Queer

NANHRI Network of African National Human Rights Institutions

NGLHRC National Gay and Lesbian Human Rights Commission

NGO Non-Governmental Organization

NHRIs National Human Rights Institutions

NYARWEK Nyanza Rift Valley and Western Kenya LGBTI Coalition

ODPP Office of the Director of Public Prosecution

SOGIE Sexual Orientation, Gender Identity and Expression

SRHR Sexual and Reproductive Health Rights

TEA Transgender Education and Advocacy

UPR Universal Periodic Review

ACRONYMS

i

Report On The Sexual Orienatation, Gender Identity & Human Rights Kenya In-country Workshop Report On The Sexual Orienatation, Gender Identity & Human Rights Kenya In-country Workshop

Executive Summary

This report is a record of summary proceedings made during the Kenya in-country workshop on

sexual orientation, gender identity and human rights that was held in Ukunda, Kenya on May 29th

and May 30th, 2017. This workshop was preceded by online and face to face training that brought

together national human rights institutions (NHRIs) from Kenya, Uganda, Malawi, Ghana and

South Africa during the period of January to March 2017.

The Kenya in-country workshop was co-hosted by the Network of African National Human Rights

Institutions (NANHRI) and the Kenya National Commission on Human Rights (KNCHR) with the

aim of addressing country specific issues that may not have been addressed during the regional

face to face workshop. The objectives of the workshop were:

The key points from the workshop are as follows:

To review on-going and concluded public interest litigation cases on SOGI-related

issues and to develop further necessary strategies

To assess on-going engagements on law-reform covering SOGI-related issues

and to identify strategies for leveraging these initiatives to enhance the rights of

persons of diverse sex, sexual orientation and gender identity.

To explore strategies for the protection and promotion of the rights of persons of

diverse sex, sexual orientation, gender identity and how the identified strategies

may be enhanced.

Meetings between state agencies and organisation working on SOGI-related issues

are relatively quite rare and hence such critical engagements should be furthered.

Decisions drawn from deliberations in meetings such as this one must be turned

into actions which may then be reviewed from time to time.

Protection and promotion strategies should be crafted to fit local, national, regional

and international contexts. Cases that are triable at the African Commission for

Human and People’s Rights (ACHPR) level should be identified and prosecuted.

Notable hurdles in the way of ensuring realisation of lesbian, gay, bisexual,

transgender and intersex (LGBTI) rights continue to be presented by religious

crusaders, politicians, and the anti-rights movement.

The rights of persons of diverse sex, sexual orientation and gender identity should

not be left to a few specialised institutions and individuals. Rights should be

mainstreamed and integrated into other human rights work. Relevant officials

should be given technical and political capacities for necessary buy-in.

Past, present and possible upcoming public interest ligation cases on SOGIE-

related issues were sighted. Effective strategies and the role that The Kenya

National Commission on Human Rights (KNCHR) can play to increase the

possibility of successful outcomes were explored.

ii

Report On The Sexual Orienatation, Gender Identity & Human Rights Kenya In-country Workshop10

PRELIMINARY

DAY 1

Report On The Sexual Orienatation, Gender Identity & Human Rights Kenya In-country Workshop Report On The Sexual Orienatation, Gender Identity & Human Rights Kenya In-country Workshop 11

Preliminary

To officially open the workshop, Commissioner George Morara made remarks on behalf of KNCHR.

He affirmed that Resolution 275 of the ACHPR and progress at the United Nations level are

encouraging steps towards the promotion and the protection of the rights of LGBTI persons. He

emphasised some of the outcomes from the regional convening of NHRIs from Kenya, Uganda,

Malawi, Ghana and South Africa. He acknowledged that realizing of LGBTI rights will be relatively

slow and resistance will be encountered from some religious leaders, some politicians and the

emerging anti-rights movements. He finished by stating that dialogues such as this will help create

frameworks for better guarantees on the promotion and protection of LGBTI rights in Kenya.

Marie Ramtu on behalf of the NANHRI Secretariat reiterated remarks made by Commissioner

Morara and urged collaborative efforts from all stakeholders present. She also provided an overview

of the NANHRI’s SOGIE Project whose overall aim is to strengthen the capacity of NHRIs to

respond to SOGI-related violence and discrimination.

Dominic Rono of KNCHR set the tone of the workshop and substantive discussions by providing an

overview of the objectives of the workshop. Barbra Muruga, Executive Director of East Africa Trans

Health and Advocacy Network (EATHAN), provided participants with an overview of key SOGIE

concepts and terminologies.

1.0 Summary of Proceedings – Day 1

Discussion

Participants concluded that it is important not to make assumptions about another person’s

identity but instead to inquire where one is not sure. In particular, some individuals are gender

non-conforming and do not ascribe to either female or male genders. How the question is

couched is important to ensure that it is not coming off as offensive or accusatory.

Participants also felt that it is important for the LGBTI community to be more receptive

to questions especially where the inquiries are made merely to learn and understand our

differences. Agreeably, there are many consequences to admitting that one is different but

it is also necessary that members of the LGBTI community are not too defensive as to deny

others an opportunity to understand and appreciate them.

It was recognised that terminologies can be relatively complex. There is need to appreciate

the complexities and also recognize that they can discourage policy makers during law

reform processes. Terminologies are often times used or misused outside their context


without recognition that underneath their complexities are real people with real issues. The

human aspect of differentiation should not be forgotten. In spite of the differences, LGBTI

persons are human beings deserving of dignity and respect. Consequently, there is need to

explain the terminologies in a way that the recipients of the information understand and

appreciate these differences.

Public Interest Litigation on SOGI Rights

This session focused on instances of litigation, arising issues, determinations, impacts of

the litigation, its challenges, lessons and the way forward. The session involved the following

panellists: Janet Kabaya from KNCHR, Eric Gitari from the National Gay and Lesbian Human

Rights Commission (NGLHRC), Jackson Otieno from Gay and Lesbian Coalition of Kenya (GALCK)

and Barbra Muruga from EATHAN.

The following is a list of cases deliberated during this session that have been litigated in Kenyan

courts:

The following are constitutional petitions that have been or are intended to be filed in the courts:

Richard Muasya v Attorney General and 4 Others (2010) eKLR, Petition No. 705

of 2007;

Republic v Kenya National Examinations Council and Another Ex-Parte Audrey

Mbugua Ithibu [2014] eKLR, Judicial Review No. 147 of 2013 ;

Baby A (Suing through the Mother EA) and Another v Attorney General and 6

Others [2014] eKLR, Petition No. 266 of 2013;

Eric Gitari v NGO Board and 4 Others (2015) eKLR, Petition No. 440 of 2013;

and

COL and Another v Resident Magistrate-Kwale Court and 4 Others, Petition No.

51/2015.

a.

b.

c.

d.

e.

Petition No. 234 of 2015 (John Mathenge and 7 Others v Attorney General);

Petition No. 150/2016 (Eric Gitari v Attorney General)

Civil Appeal No. 145 of 2015, an appeal to Petition No. 440 of 2013; and

Civil Appeal No. 56 of 2016, an appeal to Petition No. 51 of 2015.

a.

b.

c.

d.


The roles of KNCHR in public interest litigation on issues of SOGIE include the following:

Post-ruling support in the implementation of judicial decisions. Such support

may take the form of advocacy for taskforces as necessary, political advocacy, and

general awareness-raising.

Participation as amicus curiae in the two decriminalisation petitions (Petition

No. 150/2015 (Eric Gitari v Attorney General) and Petition No. 234/2015 (John

Mathenge and 7 Others v Attorney General) or in a consolidated decriminalisation

petition.

Joining as amicus in Petition No. 51/2015 (COL and Another v Resident

Magistrate-Kwale Court and 4 Others).

Filing submissions in Petition No. 150/2015 (Eric Gitari v Attorney General).

a.

b.

c.

d.

Discussion

It was noted that the relatively progressive constitution of Kenya establishes values in which

Kenyans aim to live. The way the judiciary is responding to the litigation cases is becoming

an important aspect in highlighting human rights. Further to litigating, how relevant

stakeholders perform their responsibilities to be in serve of all Kenyans and ensuring their

rights are upheld is crucial. There is a need to have multiple technocrats trained, have their

capacities built to ensure that they recognize that LGBTI rights are rights like any other.

Joint planning and strategizing with all those who have a stake in litigation is necessary.

It was urged that allusions to strife between litigating organizations should be looked at from

a healthy perspective. In particular, there has to be honest discussions on the issues and

not wait for the courts to say that there is need for consolidation and conversation. Possibly,

consolidation of the cases is going to happen hence, important questions to ponder for joint

strategizing would be: who are on the bench? What are their inclinations? What are the

likelihoods of success? Who are the opponents and how can they be mitigated?

Joint litigation strategies should also be deployed in ways that advance engagements

and education for the public, so that litigation would happen both in courts of law and

in the court of public opinion. Strategies should always take account of backlash, fallout,

and should include fall-back positions and security considerations. Litigation should be

guided by medium to long-term perspectives. In particular, there should be recognition that

successes will be met by pushbacks, and that whenever petitions are won losing parties

will file appeals to the Court of Appeal and even to the Supreme Court. Similarly, whenever

petitions are lost, petitioners must make appeals accordingly.


Litigants should also explore other judicial forums at the regional and even international

levels. The question of enforcing judgements remains relevant. Even when judgements are

made in favour of LGBTI/GNC individuals, enforcement may become an issue.

Engagement on Law Reform

Dominic Rono of KNCHR presented to the participants a proposed concept paper on KNCHR’s law

reform engagements with the Attorney General (AG) were commended and encouraged. It was

recognised that making a direct request for decriminalisation of sodomy laws would not be strategic.

It was therefore agreed that the concept for presentation to the AG should be re-crafted to focus

on the establishment of a taskforce to review legislation to enable equality and non-discrimination

provisions in the Constitution. The tasks of the taskforce would include making proposals for the

amendment of legislation offensive to principles of equality and non-discrimination; and the proposal

of new legislation as necessary. The taskforce’s membership would include state agencies such as

KNCHR, the National Gender and Equality Commission (NGEC), Kenya Law Reform Commission

and the Office of the AG. Other members would be civil society organisations and the Law Society

of Kenya. The need for participation by all Kenyans and all relevant institutions was stressed.

A further area where a taskforce should be advocated for was on transgender issues (covering

policy, institutional and administrative reform on issues such as change of name, change of gender

markers, access to trans-specific health care, and protection from violence and discrimination).

A small working group was established from amongst the participants to incorporate the following

feedback from the participants:

It was proposed that the objectives of the task force to include:

The taskforce’s deliverables will include:

The working group also proposed that the taskforce work for a minimum of one year.

The proposed concept is on Annex 1 of this report.

Amending existing laws and provisions that infringe on human rights

Repealing of existing laws and provisions that infringe on human rights

Exploring the possibility of new legislation that promote and protect human rights

for all

a.

b.

c.

A report which will establish the extent to which the provisions of equality and

non-discrimination have been or are being met

A detailed list of the laws and provisions that are to be amended or repealed

a.

b.


PROTECTION &

PROMOTION STRATEGY

DAY 2


2.0 Summary of Proceedings – Day 2

Protection and Promotion Strategy

This session began by panel representation from the Intersex Community, KNCHR, EATHAN,

GALCK, NGLHRC and KHRC, who shared their experiences on the promotion and protection of

the rights of persons of diverse sex, sexual orientation and gender identity. KNCHR was exposed to

various tools which it could use to facilitate the protection and promotion of LGBTI/GNC persons.

Participants also provided feedback to the strategies that KNCHR has planned to undertake in

promoting and protecting LGBTI rights. The consolidated feedback is on Annex 2 of this report.

Conclusion

In his closing remarks Commissioner George Morara urged that more partnerships are required to

ensure that Universal Periodic Review (UPR) recommendations on SOGI-related issues are met.

Gratitude was extended to the donors through NANHRI for supporting the meeting. He officially

closed the meeting by thanking participants for their time and participations.

Discussion

Following the positive decision in the Baby A Petition, KNCHR petitioned Parliament under

Article 118 of the Constitution on the rights of intersex persons. As a result the Taskforce

on Intersex Persons was established. KNCHR should similarly ensure it establishes post-

litigation strategies to respond to judicial determinations on SOGIE issues. There should

be specific law advocacy for trans-persons. Strategic choices should be made on whether

and when to adopt common approaches. Legislators and media hosts have on occasion

employed strategies which have demeaned certain LGBTI/GNC groups while purporting to

support law making for other groups. The sector though should recognise that sub-group

specific litigation or law-reform interventions may be strategic and it should not be assumed

that such efforts necessarily will undermine non-included groups. Protection and promotion

strategies should be crafted to fit local, national, regional and international contexts. Cases

that are triable at the ACHPR level should be identified and prosecuted. Engagements with

politicians on SOGIE-related issues are commended and should continue.


ANNEXES


3.0 Annex 1 – Concept Paper on Law Reform

KNCHR’s Proposed Taskforce on Law Reform touching on Human Rights

1.1 Introduction

The Kenya National Commission on Human Rights (the Commission) is a National Human Rights

institution formed pursuant to the provisions of Article 59(4) of the Constitution with the core

mandate to promote and protect the rights of all in Kenya; In executing its mandate in line with

section 8 of the KNCHR Act, the Commission held a meeting with the Honorable Attorney General

to discuss a raft of issues touching on law reform in order to align the laws to the letter and spirit

of the Constitution.

Despite the robust protection of rights by the Constitution, some of the domestic laws have not

been amended to align it with the Constitution in order to afford protection to the citizens. Kenya

like most of the former colonies inherited laws from the former colonizers which laws have not been

changed over time to reflect the change in the society therefore retaining retrogressive and outdated

laws which have often times been used to curtail rights.

1.2 Statement of the Problem

Since the promulgation of the Constitution the focus has been on the enactment of laws and

policies in line with the 5th schedule of the Constitution; these laws had timelines for enactment.

The Challenge has however been that laws such as the Penal code have not been amended; the

effect of this is that these laws have been used to further restrict the enjoyment of rights by all in

Kenya. In order to afford protection to all in Kenya it would be key to undertake comprehensive law

reform targeted on the laws that are vague and not in line with the Constitution.

1.3 Way forward: A case for a Task force

Due to the nature in which law reform is conducted in Kenya resulting in piecemeal legislations being

reformed the Commission suggests that a taskforce be constituted to undertake comprehensive

legal reform on all laws that have a bearing on human rights as this ensures that there will be no

conflict of the laws and that the proposed amendments will be in consonance with the Constitution

and would provide protection for all.


1.3.1 Terms of ReferenceWe propose the following ToRs to guide the work of the Taskforce:-

1.3.2 Members of the Taskforce

1.3.3 Administration We propose that:-

1.3.4 FundingWe propose that the work of the Taskforce be funded as follows:-

To document and review all laws that require to be repealed and /or amended

To suggest the text to the laws to be amended to align them to the Constitution

and international human rights law

Develop a miscellaneous Amendment bill for enactment

To make recommendations for enactment of new legislations to protect minorities

and special interest groups

To draft, Draft legislations for further discussions and stakeholder engagements

with a view of enactment of the legislations.

i)

ii)

iii)

iV)

v)

i) One nominee of the Hon. Attorney General

ii) One nominee from Kenya Law Reform

iii) One nominee from Kenya National Commission on Human Rights

iv) One nominee from National Gender and Equality Commission

v) One nominee from the Law Society of Kenya

vi) Two nominees from Civil society organizations

The Taskforce be answerable to the Honorable Attorney General who shall formally

gazette the taskforce

That in performance of its functions, the taskforce may solicit, consider and receive

written memoranda/information from the public and other relevant stakeholders

and conduct any other activities required for effective discharge of its mandate;

The Kenya National Commission on Human Rights and the Office of the Attorney

General will be joint secretaries to the Taskforce;

A team of 5 researchers will be sourced from KNCHR,NGEC,OAG,KLR and one

from a CSO

The taskforce be given a term of six (6) months to execute its mandate.

i)

ii)

iii)

iV)

v)

vi)

The Kenya National Commission on Human Rights and National Gender and

Equality Commission to fund the Project.

The secretariat be empowered to solicit for such funding as may be necessary.

i)

ii)


4.0 Annex 2

Stakeholder Feedback on KNCHR’s Action Plan on SOGIE Rights

Objective Activities ActorsAct

Timeline (Due Date)

Feedback by Stakeholders

Objective

1: Protection

Documentation

and Investigation

of SOGIE rights

violations

Mainstream

SOGIE in the

complaints

database

Liaison with

CSO networks on

support to SOGIE

community

members at risk

Establish a

rapid response

mechanism for

SOGIE issues

KNCHR

KNCHR (CID)

KNCHR (CID),

NCHRD,

GALCK,

NYARWEK,

EATHAN,

JINSIANGU,

TEA, NGLHRC

KNCHR (CID)

Ongoing

One month

Ongoing

Ongoing

We are not sure about the

effectiveness of this

Update stakeholders and

partners on the processing

of cases/feedback

Should continue and

perhaps increase

partnerships/conferencing

between the periods

Need to make the

documentation publicly

accessible and as a basis

for advocacy

Case sharing in the

Referral Partners

Programme

This is very good

Update stakeholders and

partners on the processing

of cases/feedback

Include SOGIE

organizations as part of

the Referral Partners

Programme

Include personal security

management capacity

support

Very necessary. Can

latch on to ongoing ESR

mechanisms

Update stakeholders



Timeline (Due Date)


Objective

1: ProtectionReview of

internal policies

to mainstream

SOGIE issues

Mainstream

SOGIE in Public

Education

and Training

Programs at

KNCHR

Internal training

on SOGIE issues

for staff

Enhance capacity

of duty bearers

KNCHR

KNCHR

KNCHR

Jinsiangu

TEA

EATHAN

GALCK

NGLHRC

KNCHR

together with

December

2017

December

2017

Quarterly

Basis

Ongoing

and partners in order for

SOGIE organizations to

have this knowledge

This applies for all LGBTI

persons but more so for

SOGIE HRDs

Process has started with

the complaints system

KNCHR to call the

community for validation

(forum)

Include the SOGIE

community during the

mainstreaming process

and not just the validation

Mainstream ACHPR

Resolution 275

Include/involve the

SOGIE community during

the process and in PET

Include SOGIE equality

and non-discrimination in

all education and training

programmes

Strategize on ways of

maximizing education and

training opportunities

Include the SOGIE

community in the process

including invitations to

trainings in order to give

support

Include the SOGIE

community during



Timeline (Due Date)


Objective

1: Protection

on SOGIE issues

to ensure better

protection

of SOGIE

community

i.e. Police,

prosecutors,

judiciary,

education sector

Enhance capacity

of SOGIE

community to

claim their rights

Incorporate

SOGIE issues

in KNCHR’s

engagements

the SOGIE

Community

Judicial

Training

Institute

Ministry of

Education

Office of

Director

of Public

Prosecutor

Police

Colleges

KNCHR

together

with SOGIE

Community

KNCHR

Kenya

School of

Government

Ongoing

Quarterly

basis

this process including

strategizing and M&E

More effective trainings

for police officers right

from the police recruit

training

Strategize on trainings

and engagement for

maximum effect, M&E,

follow up, and minimizing

duplication

Look at what hasn’t

worked before

Push for training

curriculums to be

inclusive

Strengthen the contact

person /champion

identification &retention

process

Include the SOGIE

community during

this process including

strategizing and M&E

HRDs (things that

are being done for

SOGIE HRDs, avoiding

duplication, collaboration

with ongoing initiatives)

Invite members of the

SOGIE Community to give

talks to members of the

KNCHR

Include of SOGIE

community in developing

content, invites, follow

up etc. in order to give



Timeline (Due Date)


with universities.

Produce and

disseminate IEC

materials on

SOGIE Issues

Mark IDAHO as

a key date on the

Commission’s

calendar (May

17)

Continue

engagement with

Parliamentarians

on repeal of

Sodomy laws

and enactment

of Prevention of

Torture Bill

Media Advocacy

on SOGIE issues

i.e. TV/Radio and

media pull outs

Public awareness

forums on SOGIE

issues

University of

Nairobi

Laikipia

University

Together with

the SOGIE

Community

KNCHR

Together with

the SOGIE

community

KNCHR

KNCHR

Kenya

Parliamentary

Human Rights

Association

KNCHR

KNCHR

Ongoing

Annually

Continuous

Continuous

Continuous

relevant support

Include the SOGIE

community during

strategizing, evidence

gathering content,

production and advocacy

activities.

Include the SOGIE

community in planning,

marking, networking, and

follow up activities for the

report

Continue using the

resolution matrix

developed in Feb 2017 –

Shanzu meeting

Yes

Public forums with

members of the public

Include the SOGIE

community in all this



Timeline (Due Date)


Advocacy on law

reform to ensure

statute books

protect SOGIE

community

Monitor

implementation

of

recommendation

of Treaty Body

Mechanisms and

UPR on SOGIE

rights

Conduct and

publish research

on systemic

violations against

LGBTI

Engagement

with KICD,

Universities and

Police Colleges

to mainstream

SOGIE issues in

the curriculum

National

Conference on

SOGIE issues

KNCHR

KNCHR

KNCHR in

collaboration

with CSO’s

KNCHR

KICD

POLICE

COLLEGE

SOGIE

COMMUNITY

KNCHR and

the SOGIE

community

(GALCK,

EATHAN

Continuous

Continuous

One per year

Continuous

May 2018

Yes

Yes

Inclusion and meaningful

participation of SOGIE

organizations from the

beginning

Welcome

Inclusion of the SOGIE

community at all levels

including planning and

strategizing, during the

conference day and in

the post activities of the

conference.



Timeline (Due Date)


Mainstreaming

SOGIE issues

in monitoring

ECOSOC rights

Continuous

engagement with

the International

SOGIE reference

Group

Jinsiangu,

TEA,

NYARWEK,

NGLHRC)

KNCHR

KNCHR

December

2017

Quarterly

Audit of the SRHR report

ECOSOC Department of

KNCHR to work together

with SOGIE organizations

Collaboration with similar

SOGIE initiatives

Good


Day 1: Monday - 29 May 2017

Time Session Facilitator(s)

8:00 - 8:30 a.m. Participants’ Registration Faizah Sidi-KNCHR

Marie Ramtu-NANHRI

Session I: Preliminary

8:30-8:45 a.m.

8:45 - 9:00 am

9:00 - 9:30 a.m.

9:30 - 10:15am

Welcome Remarks

NANHRI’s SOGIE Project

Overview

Introductions and Debrief

on Workshop Objectives

Introduction to Concepts

and Terminology on SOGIE

Commissioner George

Morara- KNCHR

Marie Ramtu - NANHRI

Dominic Rono- KNCHR

Barbra Muruga -

EATHAN

10:15 a.m. – 10:30 a.m.Tea Break

Session I: Preliminary

10:30 a.m.

- 12:00 p.m.

12:00 - 1:00 p.m.

A brief presentation

from each respective

organisation on ongoing

and concluded public

interest litigation cases on

SOGIE

Janet Kabaya- KNCHR

EATHAN

NGLHRC

GALCK

Issues arising, strategy

and way forward on Public

Interest Litigation

Comm. Lawrence

Mute

1:00 - 2:00 p.m.Lunch Break

Session III: SOGIE and Law Reform

2:00- 3:00 p.m. KNCHR’s engagement

on Law Reform and

Enhancing SOGIE Rights.

Dominic Rono- KNCHR

3:00 – 4:00p.m. Issues arising, strategies

and way forward on Law

Reform and Enhancing

SOGIE Rights

Comm. Lawrence

Mute

Group Photo & Snack Break


Day 2: Tuesday – 30 May 2017

Time Session Facilitator(s)

8:30-8:40 a.m. Recap of Previous Day Sandra Ocholla-

Rapporteur

8:40-10:00 a.m. Panel on experience

sharing and issues

arising in protection and

promotion

Kamanda Mucheke-

KNCHR, GALCK,

ETHAN, NGLHRC,

Intersex Taskforce,

KHRC

10:00 – 10.30 a.m.Tea Break

Session IV: Protection and Promotion Strategy

10:30 –

11:30 a.m.

11:30 a.m. – 1:00

p.m.

Closing the protection

gaps through a protection

and promotion strategy

Comm. Lawrence

Mute

Issues Arising and way

forward

Group activity on

action points including

developing a promotional

strategy for SOGIE rights

in Kenya

Comm. Lawrence

Mute

All Participants

1:00 p.m. – 2:00 p.m.Lunch Break

2:00- 3:30 p.m. Reporting Back from

group discussion

Issues Arising and Way

forward

Comm. Lawrence

Mute

3:30 - 4:00 p.m. Evaluation

Closing RemarksCommissioner George

Morara


Organisation Name Email

Kenya National Commission on Human Rights

Network of National Human Rights Institutions (NANHRI)

Intersex Representation

East Africa Trans Health & Advocacy Network (EATHAN)

National Gay and Lesbian Human Rights Commission (NGLHRC)

Gay and Lesbian Coalition of Kenya (GALCK)

Office of the Director of Public Prosecutions

Office of the Attorney General & Department of Justice

Kenya Human Rights Commission (KHRC)

Human Rights Watch (HRW)

Independent Consultant

Commissioner George Morara

John Kamanda

Dominic Rono

Janet Kabaya

Christina Arrumm

Marie Ramtu

James Karanja

Barbra Wangare Muruga

Eric Gitari

Njeri Gateru

Lorna Dias

Jackson Otieno

Gertrude Kiilu

Judith Kiprop

Kennedy Mwikya

Neela Ghoshal

Commissioner Lawrence Mute

[email protected]

[email protected]

[email protected]

[email protected]

[email protected]

[email protected]

[email protected]

[email protected]

[email protected]

[email protected]

[email protected]

[email protected]

[email protected]

[email protected]

[email protected]

[email protected]

[email protected]

Report on the Sexual Orienatation, Gender Identity & Human Rights Kenya Incountry Workshop

Report on the SexualOrientation, Gender Identity &

Human Rights

The Kenya In-country Workshop

report on the sexual orientation, gender identity & human rights incountry... · 2017-07-10 ·...

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