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Kenya wins UN Human Rights Council seat despite protests

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The United Nations General Assembly votes at the United Nations headquarters in New York City, US, May 23, 2024.

Photo credit: REUTERS/Eduardo Munoz/File Photo

Kenya has won a seat on the UN Human Rights Council in spite of protests from civil society groups.

In a vote on the floor of the UN General Assembly in New York, on Wednesday, Kenya and several other countries won seats on the body that records human rights events in member states, including filing reports and goals to be attained in civil liberties.

Kenya and the new members will serve for three years, starting January.

Benin, Bolivia, Colombia, Cyprus, Czechia, the Democratic Republic of Congo, Ethiopia and Gambia also won seats in the council.

The other countries are Iceland, Marshall Islands, Mexico, North Macedonia, Qatar, Republic of Korea, Spain, Switzerland and Thailand.

Prior to the vote, a coalition of civil society organisations had voiced opposition to Kenya's candidacy for a seat on the United Nations Human Rights Council (UNHRC), arguing Nairobi has not sorted its respect for civil liberties.

Kenya was bidding for a seat for the 2025-2027 term, to sit on the UN Human Rights Council, a UN body that assesses respect for rights and civil liberties across the world.

While its decisions are not binding, countries on the council often have opportunity to lobby for positive reports on own record on human rights.

But in an open letter, the groups urged UN member states to reject Kenya’s candidacy, citing a series of abuses attributed to President William Ruto’s administration, noting that it has been responsible for multiple human rights violations.

The coalition of organisations, including the Kenya Human Rights Commission (KHRC) and Muslims for Human Rights (MUHURI), claimed that systemic violations such as unlawful killings, abductions, and police brutality have persisted, undermining Kenya’s obligations under both national and international human rights frameworks.

“Two years into President William Ruto's term, Kenyans continue to witness a deeply entrenched culture of impunity. Many have fallen victim to gross and systemic human rights violations that verge on crimes against humanity, infringing on Kenya's national, regional, and international obligations,” the letter stated.

Kenya officially submitted its application for the seat on September 27, 2024 as part of the country's broader efforts to enhance its global standing and contribute to international human rights governance, Nairobi argued then.

However, Kenya's application faced significant opposition from domestic and international civil society organisations. Among the incidents cited was the brutal suppression of protests against the 2024 Finance Bill, during which at least 60 people were killed.

The National Police Service has also been accused of abducting 65 individuals and unlawfully detaining over 1,400 peaceful demonstrators. The situation was further aggravated in September 2024, when striking university workers and students were met with teargas and arrests, adding to the list of grievances.

“The Kenyan police have a long history of violently suppressing independent institutions and dissenting voices. Today, the police remain the state's primary agents of repression. Over the past two years, police have committed massive violations against citizens. In the first six months of this year alone, police used excessive force against striking medics and residents of informal settlements opposing arbitrary displacements during floods,” the letter further reads.

In addition to the human rights violations, the civil society groups condemned the government's economic policies, describing them as anti-people and harmful to the country’s most vulnerable populations. The letter called attention to the Social Health Insurance Fund (SHIF), oppressive taxation, and discriminatory development programs, all of which have exacerbated social and economic inequalities.

“This regime has made several anti-people decisions affecting their social and economic wellbeing. This includes the oppressive SHIF, the flawed university funding model, a punitive taxation system, unaccounted public debt, and widespread corruption. We have also witnessed discriminatory access to state appointments and development based on ethnicity, region, and political affiliations, in violation of Article 27 of the Constitution. Additionally, the implementation of the two-thirds gender rule, as advised by the Supreme Court, remains unfulfilled,” the letter stated.

The groups urged the UN and the African Union (AU) to reject Kenya's candidacy, warning that granting the country a seat on the council would undermine the credibility of the UN Human Rights Council. They also called for international investigations into Kenya’s human rights record, emphasizing the need for accountability and justice for the victims of state violence and repression.

“We urge the UN and the international community to reject Kenya’s request for a seat on the UN Human Rights Council. Granting such a position would severely undermine the credibility and mandate of the UN and its ability to hold perpetrators accountable. We call upon the UN to utilize its mechanisms to investigate the serious human rights violations in Kenya, establish the truth, ensure victims receive justice, and hold those responsible accountable before the UN Assembly of State Parties,” the letter reads.

“We urge the African Union (AU) to immediately withdraw its support for Kenya’s bid. Instead, the AU should leverage its Commission on Human and Peoples’ Rights (ACHPR) and the African Court of Justice to ensure effective remedies and prevent future violations.”

The UN Human Rights Council (UNHRC), formed in 2006, is essential for promoting and safeguarding human rights around the world. It addresses various human rights violations, carries out the Universal Periodic Review for member states, and appoints independent experts to focus on specific human rights concerns.

The council is made up of 47 member states that are elected through a secret ballot by the UN General Assembly, ensuring that different regions are represented.