HUMAN RIGHTS ABUSE

BY  LUKE KAPCHANGA         21/8/2010    

 COMMENTARY  ON HUMANRIGHTS VIOLATIONS.(JOURNALIST AND HUMAN RIGHTS DEFENDER)

Ms Zainab Hamid, mother of Mohammed  Hamid Suleiman who was arrested in connection with the Kampala bombing was photographed screaming and in tears, when she learned that her son could not be produced in the High court.

Suleiman s wife, Ms Zuhura said in her court papers ”it has been more than 24 hours since he was arrested and nobody knows where he is being held”.

Mr. Suleiman was arrested at his South C house in Nairobi  at 10.30pm on 13/8/2010 , and family members had not seen him by Tuesday the following week.

On August 19, the Uganda government confirmed having in their custody a Kenyan terror suspect, Mr. Suleiman since 14/8/2010.

To prevent persons from being unaccounted for, accurate information about the arrest and place of detention, including transfers need to be available without delay to relatives and legal counsels, this according to international humanitarian law.

The right of relatives to information regarding the suspect is an obligation by the State as is recognized under provisions of International Humanitarian Law, human rights law instruments and other international texts

“Living in the dark about the fate of friends and relatives is the harsh reality facing hundreds of thousands of families affected by armed conflict or internal violence. Throughout the World, parents, brothers and sisters, spouses and children desperately seek loved ones with whom they have lost contact”, Jakob Kellenberger , President of the International Crescent of the Red Cross and Anders B. Johnsson, Secretary General of the Inter- Parliamentary Union, writes in the forward in a book, Missing Persons: Handbook for Parliamentarians.

“Their anguish remains acute after the conflict has ended and peace restored. Such unhealed wounds can destroy the fabric of society and undermine the relationships between groups and Nations for decades after the events that caused them”, the forward states further.

Iam not advocating for  the  innocence of, Suleiman and the three others, Hussein Hassan Agade, Idris Magondu and Mohammed Aden Addow the Kenyans who are facing counts of murder, attempted murder and terrorism, in their role played in the twin bomb blasts which killed 76 people in Kampala.

The International humanitarian law- do prohibit terrorism related acts and activities, according to the ABC, of Human rights handbook.

As it notes  that terrorist acts attack  fundamental human rights, urging States not only to have the right but indeed the duty to protect the population from such acts.

The handbook gives the guideline, that Anti-terrorism strategies must comply with provisions of International Humanitarian Law, the International Refuge Convention and Human rights Conventions.

Except when the State is confronted with an exceptional life threatening situation such as direct terrorist threat, then it may suspend certain rights.

And in such situation again, the state authority is reminded to oblige to follow the prescribed procedures , to ensure    that any measures taken respect the principles of proportionality and are of brief duration.

The Kenyan authorities action of giving a helping hand in the fight against terrorism in the region is commendable, but should the government violate International Humanitarian Law to promote peace and law, at the same time?

The basic rights demands that, persons deprived of their liberty, whether interned or detained, shall have the right   to inform any person with legitimate interest, such as close family members or legal counsel.

The suspect at minimum , should inform about the arrest, the location they are being detained, and their state of health.

They are also  authorized to communicate with and be visited by family members, counsel or any other person of their choice, subject only to condition established by law.

Further more, for the suspect to be moved from his location of detention, the spouse, a close relative or any other person with legitimate interest is notified.

Under Humanitarian law and Human rights law, relatives of the suspect have the right to know, the truth regarding the circumstances of the arrest, detention or internment, the progress and results of investigations and fate of victim.

Human rights laws are of perception, that domestic laws and regulations should ensure that persons deprived of their liberty, whatever the reason of their internment or detention, have a right to inform their families, of their arrest, address and state of health and adequate means of communication to be provided.

Am not aware if Kenya is signatory to The International Convention for the Protection of All Persons from Enforced Disappearance2006.

The Convention is the first universal treaty to define  and prohibit enforced disappearance, which is being”, the abduction or detention of a person by agents of the State followed by concealment of the fate or whereabouts of the disappeared person, outside the protection of the law”.

The Convention has prevention safeguards against disappearance, allowing suspects to communicate with family members.

Kenya is not at war nor experiencing internal conflict,  to have state agents, abducting suspects, keeping families in darkness about the victims, and extraditing them without using the right procedures.

The Geneva Conventions of August  12 1949, article 48 on prisoners of war says, “ in the event of transfer,  prisoners of war  shall be officially advised of their departure and of their new postal address. Such notifications shall be given in time for them to pack their luggage and inform their next of kin”

This is the Convention which came about to address human value in the face of adversity following the mass slaughter of World war two, yet it was able to recognize the right of prisoners of war .

In Kenya as we ready ourselves in welcoming the second republic, the accountability of state agents to the wananchi remains a far cry, and respect for human rights frowned upon.

Having Kenyans extradited to Uganda, is plausible, but only if the rule of law is uphold, and international instruments on human rights are respected.

PROBLEMS AT NOCO

CRISIS AT NZOIA SUGAR COMPANY.

BY LUKE KAPCHANGA.

Nzoia Out grower Company (NOCO), in in management crisis, following the suspension of the acting general manger.

Mr. Stanley Wanyonyi, was shown the door by the chairman Joash Wamangoli with disappearing of a trailer.

In signed letter dated 24 June 2013, Wanyonyi was suspended on grounds that he leased a trailer to Sammadel Enterprises without authority from the board of directors .

Wanyonyi replaced Humphrey Mukania early this year, who was also haunted out of office by the chairman.

The letter goes further and stated that, Wanyonyi sold the trailer and received shs.200.000 without notifying the directors.

It says in part, “ you are suspended from duty immediately following the lease of the trailer and subsequent sale of the same by yourself”.

Noco has had 7 managers in a space of 6 years, the high turnover is blamed on the the high handedness and interference of the chairman .

Mr. Wamangoli who convened a board meeting 4 days after suspending the manager to discuss his fate, warned of taking legal action against him.

WE have got enough evidence that acting GM sold the trailer illegally , which amounts to stealing of company property”, he said.

A director at Sammadel Ent. Allegedly wrote to NOCO , board of directors demanding for receipts of payments and logbook, that they learnt of the sale.

The director who gave his name only as Samson, alleges in the letter dated 23June 2013 that they purchased the trailer at shs.200,000 paid to Wanyonyi through Mpesa.

He claims that they were still waiting for the reciepts and registration certificates after completing payments.

The letter with no official stamp nor on a letterhead of the firm, was the basis by the chairman used as enough evidence to fire the manager.

On his part, Wanyonyi maintained his innocence by claiming that his removal from the office is due to the stand taken to have Wamangoli removed as a signatory to the company accounts.

The Kenya sugar board was said to be behind the removal of Wamangoli signature from the company bank accounts before releasing shs. 35Million loan to buy bell loader, winch and pick up truck.

He claims that, the chairman was interference in management issues to the extend that, shs.80 million loan is now a subject of investigation by the Anti- corruption ans Ethics commission.

Wamangoli is accused of firing and replacing the general managers at will, as they remain on office while serving his personal interest .

Wanyonyi maintains that the directors were in office illegally as the 2011 elections were fraudulent.

“These directors are in officer illegally, as they have even gone further to create a new electoral zone against the memorandum of Understanding of the company”. He added.

He called for the investigation of the directors for withdrawing allowances allegedly for mobilization without prove on the ground.

He accused them of taking the money without accounting for it, as they have rare interaction with farmers whom they are supposed to serve.

He challenged the directors to sue him over the sale of the trailer insisting that such huge sums of money can not be paid through Mpesa.

“Where is the documentation showing the transaction and contract of payment ? He asked.

Sources at the company claimed that assets keep on disappearing and those involved get protected from the directors.

The cartel behind the vandalism of the tractors has rendered the company to remain with only 5 functioning tractors out of 15 bought in 2009.

Mukania who has served as general manager at the company the longest, said it was not possible to meet farmers expectations with the current crop of directors.

He added that tractors have disappeared under funny circumstances , yet the board does not want investigations to find the people behind.

Rampant theft at the company, forced Wanyonyi to hire a private security firm, to replace company security who collude in stealing.

“I have proof that the security officer participates in stealing of company assets, but directors protects him for any disciplinary action”, Wanyonyi complained.

MOTHER TONGUE IN SCHOOLS

Language

BY LUKE KAPCHANGA.

Mother tongue is an essential foundation for learning, but will it ever be practical in Kenya?

This was a question participants at Elimu Yetu Coalition one day workshop in Bungoma left without finding an answer.

Most of the participants drawn from ministry of education, civil society and parents were of the view that mother tongue instruction is important for children to use when they begin school.

They pointed out that for purposes of self esteem and identity, children in lower primary learn their mother tongue languages.

“ Mother tongue is an essential foundation for learning as much as acquiring proficiency in Kiswahjili and English has advantages” , a participant noted.

School is an alien place for young children who begin class work in a language different from their own, they complained.

The language of instruction at school makes young children, believe that the language they have known from birth is inferior compared to the language at school.

Experts for long time have recognized the importance of children using their mother tongue when they begin school.

A study done by UNICEF, done in late 1990s in Zambia showed that students who began schooling using English instead of their mother tongue did not acquire enough proficiency to learn well by grades three or six.

However shortage of teaching material and training programmes, were noted as the biggest challenges.

Teachers were blamed for not understanding their indigenous languages and being the enmies when it comes to the promotion of mother tongue instructions.

“Mother tongue instruction in schools is frustrated by teachers, whothemselves can not read or write in their own languages”, a participant cliamed.

But parents were not spared either, as it was said that most have developed a negative attitude towards their languages, making children to despise them.

Joseph Wasikhongo, the programme manager with Elimu Yetu, commented the partcipants for coming up with the proposal, which should be pushed and taken up by policy makers at county and national governments.

“If what you people are saying makes sense then, time has come to ensure that a policy is developed and enforced in implementation.” said Wasikhongo.

On teacher recruitment, the participants be addressed through rationalization.

This should be adopted as urban centres are overstaffed, yet the shortage is felt more in rural schools.

They all agreed that having more teachers can be essential when it comes to addressing quality education.

The participants were told to be proactive in engaging education to have their inputs in county education reports, thus put pressure on TSC to employ teachers depending on demand.

Elimu Yetu Coalition is a national platform for civil society organization, professionals groupings, education and research institutions, which lobbies for implementation education for all.

It is objectives to influence policy shift towards a sustainable basic education and training system that is appropriate to the aspirations of Kenyans.

It also aims to build a strong movement with very clear direction and targets around basic education and training.