Kenya’s Unanswered Questions About Enforced Disappearances

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As the world marked the International Day of the Disappeared on August 30th, the people of Kenya were reminded of the shadowy and persistent crisis that has plagued their country – enforced disappearances. This harrowing violation of human rights has left countless families in anguish, searching for their loved ones while battling a wall of government denial and indifference. Enforced disappearance is a grave issue that demands urgent attention and action, not just in Kenya, but across the globe.

Enforced disappearance is defined as the arrest, detention, abduction or any other form of deprivation of liberty by state officials or their agents, followed by a refusal to acknowledge the deprivation of liberty or to disclose the fate or whereabouts of the person. This cruel practice has been used as a tool to silence dissent, instill fear and maintain control by oppressive regimes. It is a blatant violation of human rights and a crime against humanity.

In Kenya, enforced disappearances have been a persistent issue for decades. During the colonial era, the British government used this tactic to suppress the Mau Mau rebellion. And even after gaining independence in 1963, successive governments have continued to use this method to silence political opponents and human rights activists. The victims of enforced disappearances in Kenya come from all walks of life – students, journalists, human rights defenders, and even children.

The agony of the families left behind is unimaginable. They are forced to live in uncertainty, not knowing whether their loved ones are alive or dead, and if they are alive, where they are being held and under what conditions. The families are left to search for answers on their own, as the government denies any involvement and refuses to provide any information. This lack of accountability and transparency only adds to the trauma and suffering of the families.

The international community has recognized enforced disappearance as a serious violation of human rights and has taken steps to address it. The United Nations General Assembly adopted the International Convention for the Protection of All Persons from Enforced Disappearance in 2006. This convention defines enforced disappearance as a crime and calls upon states to take measures to prevent and punish this heinous act. Kenya signed the convention in 2008 but has yet to ratify it.

The Kenyan government has taken some steps to address enforced disappearances, including the establishment of a task force in 2012 to investigate cases of missing persons. However, the lack of political will and resources has hindered the work of the task force, and no significant progress has been made. The government’s denial and lack of transparency only perpetuate the culture of impunity and further erode the trust of the people.

Enforced disappearances not only violate the rights of the victims and their families but also have a ripple effect on society. It creates a climate of fear and hinders the free flow of information and ideas, essential for a democratic society. It also undermines the rule of law and the principles of justice and accountability.

It is time for the Kenyan government to take concrete actions to address enforced disappearances. This includes ratifying the International Convention for the Protection of All Persons from Enforced Disappearance, enacting domestic laws to criminalize this practice, and ensuring that perpetrators are brought to justice. The government must also provide support to the families of the victims and establish a national database of missing persons to help in the search for their loved ones.

The people of Kenya must also play their part in ending enforced disappearances. They must demand accountability and transparency from their government and raise their voices against any form of human rights violations. Civil society organizations and the media have a crucial role to play in highlighting cases of enforced disappearances and advocating for justice for the victims.

As we commemorate the International Day of the Disappeared, let us remember the victims of enforced disappearances in Kenya and around the world. Let us stand in solidarity with their families and demand an end to this grave violation of human rights. It is time for the world to come together and take concrete actions to ensure that no one is made to disappear, and every person’s right to life and liberty is respected and protected.

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