Restricting NGOs an Affront to Freedom #NGOMuzzle By Ndungu Wainaina In the 18 months it has been in power, the Jubilee government has left no doubt of its determination to reverse Kenyas democratic gains. It is slowly destroying the democratic character of a nation-state and subverting social and political liberties of Kenyans. It has imagery shadows of internal and external enemies. Kanu never left, it only changed colours. Mois political mentorship is scoring highly. Kenya joins authoritarian-leaning countries of Coalition of Willing in pushing back democratic space. It is slowly sliding back to the old highly corrupt, impunity-ridden repressive state. The new constitution, however, creates and maintains, in law and in practice, a safe and enabling environment in which Kenyans can operate free from a climate of fear, heavy-handedness, hindrance and insecurity. Constitutional democracy will not flourish unless citizens can freely engage in transparent public policy discourse and social change. The Jubilee government is overtly and covertly deploying dictatorial tactics on the use and misuse of laws to force media and civil society into silence and self-censorship. It is blocking free flow of information and freedom of opinion and expression. It is averse to demands of transparency and accountability. It is paranoid when critics challenge state impunity and high-level corruption. It is skin-deep in modern globalised state ideas. The states obnoxious reasons include trying to enhance NGO accountability and transparency, by harmonising or coordinating NGO activities with those of government and counter-terrorism and defending national sovereignty against foreign influence. Civil society should work freely, independently, safe from fear and retaliation. We all must defend civil society space for human freedoms. The Jubilee governments persistent affront to civil society organisations and individual human rights defenders is appalling. Civil society has a critical role to play in promoting human rights, the rule of law and development. It is the glue binding public and private activity together to strengthen the common good. Civil society actors have continuously demonstrated their value as facilitators, conveners, innovators and service providers. Its a credible voice in promoting the principles of fair and equitable economic development, gender equality and human rights for a just, equitable and free society. From womens rights to environmental issues, humanitarian aid and legal policy reforms, civil society is indispensable. Civil society is a genuine constituency that sits alongside other stakeholders, accepted and established, in global governance processes. Its wrong for the Jubilee administration to invoke national security and counter-terrorism to make laws that throttle, hinder and endanger the work and safety of civil society organisations. Such laws will hinder the development of democratic governance, accountability and stability in long run. International law requires governments to support and enable the work of NGOs and human rights defenders. A mature democratic government recognises that such work contributes to peace, good governance and economic prosperity. On September 23, on the sideline of the United Nations General Assembly, countries reinforced the central role of civil society in working with governments to address common challenges and coordinate action to promote and protect civil society. Governments of these countries affirmed that the strength and vibrancy of nations depend on an active civil society and robust engagement between governments and civil society to advance shared goals of peace, prosperity, and the well-being of all people. Kenya, just like the rest of the world, will always need independent organisations and individuals to act as watchdogs, ethical guardians and advocates of the marginalised or under-represented. Civil society plays a powerful role as enabler and constructive challenger, creating political and social space for collaborations between state and people based on trust, service and collective good. Civil society organisations proactively drafted the Public Benefits bill for self-regulatory and accountability mechanisms, away from state heavy-handed regulation. The bill meets the constitutional threshold and international principles governing and protecting civil society, including norms and conventions that regulate and protect civil society from government intrusion. These principles include the right of individuals to form and join NGOs, the right to operate and fulfil their legal purposes without state interference, right to free expression and communication with domestic and international partners, right to seek and secure resources - including the cross-border transfer of funds - and the states positive obligation to protect NGOs rights. Civil society is fully aware of shifting economic and geopolitical power, technology effect on social engagement and economic security pressures, all posing challenges, creating opportunities and requiring rapid adaptation. However, civil society remains vibrant, diverse and an evolving innovative space confronting societal challenges and playing pivotal role of preserving healthy democracy. Nobody is talking about special rights for civil society. It is defending human rights for everyone. It causes worry when government enacts legislation that tries to limit the way people organise freely or get funding for those associations. It limits a legitimate, open and transparent society, which is organised for the defence of all arrays of human rights. Civil society actors will keep providing the resilient dynamism the country needs. The power and influence of civil society, which is growing, should be harnessed to create trust and enable action across sectors. Civil society actors need to retain their core missions, integrity, purposefulness and high levels of trust. allafrica/stories/201411030371.html
Posted on: Mon, 03 Nov 2014 10:11:07 +0000
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