• Concerns cut across health, economic issues and finances, social and public order, access to water, food and basic commodities and other support services.
• Kenya National Commission on Human Rights says the rights of those in mandatory quarantine must be protected.
Image: EZEKIEL AMING'A
A state agency has urged the government to observe human rights as it fights the coronavirus.
The Kenya National Commission on Human Rights (KNCHR) said several concerns about human rights abuses have arisen from the ongoing efforts to combat the disease.
The concerns cut across the critical areas of health, economic issues and finances, social and public order, access to water, food and basic commodities and other support services.
"There is a need to increase adherence to human rights principles and approaches in the formulation and implementation of interventions by the state,” KNCHR secretary Bernard Mogesa said in a memorandum to the Senate ad hoc Committee on Covid-19 Situation in the country.
On health, the commission expressed concerns about the rights of those in mandatory quarantine and whether the government is adhering to the guidelines by the World Health Organization insofar as such rights are concerned.
There should be enough space in the quarantine centres not to enhance potential transmissions, those quarantined should be provided with appropriate accommodation and communication.
“Travellers should be treated with respect for their dignity, human rights and fundamental freedoms and to minimise any discomfort or distress with such measures,” it said.
The commission said the government should guarantee physical access to medical or health facilities during this period for patients suffering from any ailment, even during curfew hours. The services should be of the best quality possible and should be affordable to all, including the vulnerable.
“A human rights-based approach to addressing the Covid-19 pandemic requires that the government address and ensure that the population, including the most vulnerable, have underlying determinants of health,” it said.
"The government must work to ensure accessible and quality screening and testing and hospital care to prevent, treat and control the Covid-19 epidemic."
The KNHCR said disruptions caused by the outbreak on businesses, jobs and other sectors of the economy have raised concerns around the impact on human rights.
“The UN guiding principles on business and human rights remind us that even in times of severe burdens, the duty to respect human rights by government and businesses cannot be waived,” it said.
Hence, the commission wants the government to support businesses and encourage dialogue within sectoral multi-stakeholder associations to mitigate the effects of the virus, thereby protecting sources of income.
The government has also been told to roll out emergency economic assistance programmes and issue cash transfers and wage subsidies, among other measures, to help businesses stay afloat.
“Companies are offered grant tax breaks to increase their capacity to produce import substitute goods, which could mean zero-rating VAT for the next few months. Additionally, there should be measures to strengthen the local supply chain for traders to be able to access import substitute goods,” it said.
On social, public order and human rights issues, the commission wants the government to put in place and communicate guidelines by the immigration officers on how to enforce migration laws without further violation of the human rights of migrants during this crisis.
To protect inmates, it wants the Judiciary, in conjunction with other actors within the criminal justice system, to develop a strategy for the release of petty offenders and other offenders with less than six months remaining on their sentences to reduce congestion in prisons.
Sentences of civil debtors should also be suspended until the pandemic has been addressed. Instant fines and low police bonds should be introduced. The commission said the police should observe human rights while enforcing curfew and other measures aimed at containing the disease.
“Police officers should desist from unwarranted arrests and hoarding of people either in one place for long or locking them up for long hours in the enforcement of the curfew and other government directives to curb the spread of Covid-19,” it said.