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JISRA Kenya Journey on its Submission to the UPR 4TH CYCLE on Freedom of Religion and Belief

JISRA Kenya Journey on its Submission to the UPR 4TH CYCLE on Freedom of Religion and Belief

Joint Initiative for Strategic Religious Action’s (JISRA) conviction is that Freedom of Religion and Belief and interfaith dialogue are essential and integral to the realisation of peaceful and just societies. The upcoming Universal Periodic Review provides JISRA partners an opportunity to lobby the government to support Freedom of Religion and Belief as part of advocating for human rights issues. This UPR provides an opportunity for all States to declare what actions they have taken to improve the human rights situations in their countries and to overcome challenges to the enjoyment of human rights. The UPR also includes a sharing of best human rights practices around the globe.

Kenya has previously been reviewed three times – 2010, 2015, and 2019 on different issues, some of which include issues that JISRA seeks to address such as counter-terrorism measures, access to information, freedom of expression, and right to privacy, participation, and representation of special interest groups, rights of intersex persons, and women peace, and security among others. 

Taking this as an opportunity JISRA Consortium Partners with Mensen met een Missie as the lead organisation, Faith to Action Network and Search for Common Ground were joined by its Implementing Partners including Chemchemi Ya Ukweli, Coast Interfaith Council of Clerics, Inter-Religious Council of Kenya, Kenya Community Support Center, Kenya Muslim Youth Alliance, Muslims for Human Rights and Supreme Council of Kenya Muslims to develop a report to be submitted at the review. Different stakeholders have a collective and individual effort that should be geared toward promoting inclusion, tolerance, and rights guaranteed by the Constitution of Kenya as well as regional and international obligations. Therefore, it was pertinent to have state and non-state actors present thus the deliberations included other Members of the faith community with various government partners represented by the Media Council of Kenya, National Gender and Equality Commission, Kenya National Commission on Human Rights, Independent Policing Oversight Authority. Civil society partners were represented including Each Right organization, Amnesty International, TI Kenya, Katiba Institute, FIDA Kenya among others.

The initial meeting by the JISRA consortium partners mapped out priority issues of interest including Freedom of Religion and Belief and jointly review with the representatives from the state on the progress made on the indicators and recommendations on specific human rights actions outlined in the Universal Periodic Review 3rd Cycle Implementation Matrix. The meeting also came up with a mechanism for lobbying for the gazettement of a National Committee on International and Regional Human Rights Obligations to serve as a standing body on reporting and follow-up of implementation.

Some of the key recommendations on FoRB from the 3rd Cycle UPR (2020) included to ensure that the right to freedom of religion or belief is fully protected and promoted (Solomon Islands); to continue collecting and analysing disaggregated data on women with the aim of combating discrimination based on religion, ethnic background, age, health, disability or sexual orientation (Cyprus); continued efforts to ensure that all of Kenya’s religious communities, and particularly Christians, are able to practise their religion without fear of persecution by terrorist groups (Solomon Islands). There was also specific recommendation which were under recommendation number 142.150 where Kenya accepted and committed to ensure that the right to Freedom of Religion or Belief is fully protected and promoted. Under this recommendation, the specific action by the government of Kenya was to Protect freedom of religion through the creation of an enabling environment.

The JISRA Consortium and stakeholders’ team were able to draft a report commencing with the background to the last (3rd cycle) review with selected recommendations adopted by the Kenyan government; the legal framework of freedom of religion and belief; and status of FoRB in Kenya. It also addresses the progressive steps taken and finally notable recommendations for consideration in the 4th cycle review. The report also addressed specific case studies of interest and Kenya’s compliance to FoRB and the progressive steps taken since last UPR in 2020; the selected Progressive Jurisprudence Safeguarding FoRB in Kenya and finally JISRA Recommendations to the Government of Kenya on Enhancing FoRB.

By Mary N.

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