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| former Chief Justice (CJ) Emeritus David Maraga. |
The Data for Governance Alliance (G4DA) has held its third convention, bringing together stakeholders from over 25 Civil Society Organisations (CSOs) and representatives from various African Union bodies to deliberate on enhancing human rights in Africa.
The Eastern Africa Convention aims to foster collaboration between the African Union (AU) organs and the Pan-African CSO to advance governance, democracy, and human rights throughout Africa.
Speaking during the opening ceremony, former Chief Justice (CJ) Emeritus David Maraga, stated that CSOs continue to play an important role by bringing to public awareness various matters and going to court to seek interventions that have brought about change over the years.
Citing the example of the end-of-party rule, he noted that many issues were brought to public awareness by CSOs who sought court interventions and led the courts to gather the courage to make decisions that changed things.
The CJ underscored the important role of data in advancing human rights, saying court decisions are based on data and therefore CSOs should use data so that their advocacy is taken seriously.
“Coming from the judiciary where I served, decisions are based on evidence; evidence is data,” Maraga said, adding that CSOs must take time to collect data that is accurate so that even critics find it difficult to discredit them.
Maraga noted that lack of political will is a hindrance to implementing human rights laws across Africa because, in most cases, the politicians are being challenged, and he called upon the CSO to keep challenging failure to implement resolutions and court decisions.
“When you challenge the failure to implement decisions made by courts and it comes to the limelight, it will move some of the politicians to act.” Said Maraga.
Maraga said that for courts to play their role effectively, they must gain the trust and confidence of the societies they serve, which unfortunately is lacking in many African countries.
“The Afro-barometer data testifies to this: trust in courts in some countries is as low as 28 per cent; it is only in Tanzania where about 88 per cent of citizens trust courts.” He noted that this calls for more confidence-building so that citizens can turn to courts for justice.
Maraga pointed out that the principles of equality and equity, including gender equality and all other forms of diversity, are critical and core to the administration of justice, adding that in our region, there is gradual recognition and embracing of unity and diversity, which has become a major driver of reform.
The Head of the African Union – Economic, Social, and Cultural Council (ECOSOCC), William Carew, said that, as a member of the African Governance Platform, the council recognises the important contributions of CSO in promoting and protecting human rights in diverse ways.
He further noted that Education is and remains a basic human right, as outlined in Article 26 of the Universal Declaration of Human Rights, Article 28 of the Convention on the Rights of the Child, and Article 11 of the African Charter on the Rights and Welfare of the Child.
“Despite African investments in education, it appears there is still more to do,” he said. “The AU will look to build partnerships for education, ensure production and synergies between education management systems and labour market data are improved, and enhance equitable access to quality education for girls and women, youth, and persons with disabilities,” he added.
Carew noted that citizens have to be at the centre of decision-making, and there is need for continuous engagement so as to understand the needs of various individuals and come up with practical solutions.
Antony Irungu Houghton, Amnesty International Kenya Executive Director, on his part, noted that Kenya has a high aspirational constitutional order, an expansive bill of rights, a high level of political stability, free-ish press vibrant-ish CSOs, and clear-ish separation of powers considered to be the heartbeat of a liberal democracy.
“The failure to realise Article 1 and create effective and trustworthy mechanisms of public participation and accountability breaks a bond in the social contract,” he revealed. “Gross inequalities and high levels of indebtedness shape access to economic opportunity and essential services, including access to justice, for half of Kenyans,” he added.
He said there is a greater demand for accountability, noting that the level of power and privilege determines the level of protection provided by law enforcement agencies.
Addressing the current political occurrence in Kenya, Irungu said the role of human rights organisations is to root this moment in the equilibrium of the constitution, noting they must demand an end to the use of excessive force, accountability, the release of all abductees, an end to all abductions, justice, and compensation for all the fallen and the hurt.
“The choices that the state and organised social movement make today are turbulently swinging Kenya between the pendulum of constitutionalism, anarchy, and authoritarianism.” He asserted.
Further, he said, despite the acute tensions, Kenya must embrace the widespread reference to the constitution, the wearing of the Kenyan flag, the realisation by state officers that they govern by consent, not coercion, and the realisation of citizens that it is possible to restore and feel invigorated by the power and responsibility of active citizenship.
“If the first liberation was Kenyan independence, the second was multiparty, and the third liberation finds full expression in the opportunity to restore our constitutional values of leadership integrity, democracy, economic opportunity, and equality under the law.” He noted.
He called upon researchers to study and distinguish the character of the emerging social movements and the responses of the state, civics, and businesses, saying it is important for them to understand better how widespread economic and political grievances can build and not destroy.
The five-day convening, held at a Nairobi hotel from August 5th to 9th, has attracted representatives from South Africa, Ethiopia, Uganda, Tanzania, South Africa, Zambia, Ghana, and Kenya and covered the thematic areas of Human Rights, Education, Climate Change, Elections and Transitional Justice.
The expected outcomes for CSO from the 2024 D4GA convening are enhanced expertise and skills, comprehensive progress evaluation, strengthened collaboration, the co-creation of advocacy programmes, and the implementation of joint monitoring and evaluation plans.
By Purity Mugo