The following is based on a communication sent by the UN Special Rapporteur on Human Rights Defenders and other UN experts to the Government of Kenya on 7 November 2023. The communication remained confidential for 60 days before being made public, giving the Government time to reply. Regrettably, the Government did not reply within this time frame. If a reply is received it will be posted on the UN Special Procedures communications database.
Following the communication, and a follow-up statement by the Special Rapporteur on social media, CJGEA was able to carry out a human rights training for members of the Uyombo village community on 14 December. The Special Rapporteur will continue to monitor the situation.
This is a shorter version of the original communication.
BACKGROUND
Topic: the stigmatization and threatening of human rights defender Phyllis Omido and the obstruction of a human rights training in Matsangoni, Kilifi County.
Ms. Phyllis Omido is human rights defender who has been advocating for the defence of the environment and human rights threatened by climate change for more than a decade. In 2009, she co-founded the Centre for Justice, Governance and Environmental Action (CJGEA), which works to advocate for justice and protection of the rights of marginalized communities in Kenya through education, empowerment, strategic litigation and advocacy. She was awarded a Goldman Prize for her work for environmental justice in 2015.
ALLEGATIONS
On 21 September 2023, the Centre for Justice, Governance and Environmental Action (CJGEA), organised a human rights training for community members in Uyombo Village in the Ward of Matsangoni in Kilifi County. The training was organised following a request by elders from the community to Ms. Phyllis Omido, in the context of the identification of Uyombo Village as the site of a future nuclear reactor by Kenya’s Nuclear Power and Energy Agency (NuPEA). Prior to the planned training, CJGEA had helped arrange three meetings for community members to inform them about the nuclear project. In the third of these meetings, which counted on the presence and participation of NuPEA, community members raised concerns as to the impact of nuclear project on the local environment, ecosystems and water supply. They also sought information as to what would happen with waste produced by the reactor. During the meeting, representatives of NuPEA threatened Ms. Omido, naming her and accusing her of inciting discord in the community.
Shortly before the training on 21 September 2023 was set to begin, Ms. Omido received a call informing her that heavily armed police had begun forcefully dispersing those who had gathered for the training, disconnecting the PA system and removing the chairs and projector from the venue. She spoke to the police over the phone and asked them to give her time, as the training’s organiser, to reach the area. Upon arriving, she requested information as to what law the training was in contravention of and was told by the police commander that she needed permits from a number of actors, including the local Governor, in order for the training to go ahead. Despite Ms. Omido insisting that the Governor had no mandate to provide such a permit, the training was not permitted to proceed and Ms. Omido was told if she did not leave the area she would be arrested.
CONCERNS
In the communication, we express serious concern at the obstruction of the planned human rights training for the Matsangoni community and the threats made against Ms. Omido. These actions would strongly indicate an attempt by the authorities to impede and repress the informed participation of local communities in discussions around the proposed nuclear project in the area, and to stigmatise Ms. Omido and the CJGEA for their attempts to facilitate the community member’s defence of their human rights.
