HUSSEIN KHALID: Human rights based-approach in war on terror best bet

This week, HAKI Africa was on United Nations television to speak about the human rights-based approach to preventing and countering violent extremism.

Besides HAKI Africa, others who spoke on the programme were DPP Noordin Haji and Njenga Miiri from the National Counter Terrorism Centre.

Persons from different parts of the world, including India, Malawi and UAE tuned in and got an opportunity to participate. This was a side event in the margins of the UN counter terrorism week organised by the UN Office on Counter Terrorism.

From the discussions, it was evident there are gross human rights violations committed in Kenya and across the world during security operations, particularly counter terror activities.

Apart from physical infringement such as extrajudicial killings, enforced disappearances and torture, there are also psychological abuses that are committed against suspects and other innocent family members, friends and communities.

The result of these acts is a widening gap between security authorities, particularly the police, and the affected locals, which contributes to pull and push factors of extremism and radicalisation. 

The Constitution in Article 19 (2) states: “the main purpose of recognising and protecting human rights and fundamental freedoms is to preserve the dignity of individuals and communities and to promote social justice and the realisation of the potential of all human beings”.

By applying the human rights-based approach in preventing and countering violent extremism, therefore, it is acknowledged that the dignity of all individuals is respected and promoted, be it when it comes to victims or suspects. It means security operations must take into account the fundamental rights and freedoms of all persons involved.

Failure to respect human rights makes individuals and/or groups to consider themselves as oppressed and marginalised. As human beings, they will then get the urge to protect themselves. When those supposedly oppressing them are state entities, they will opt to use illegal means and this then gives rise to insurgent groups including terror groups.

However, when rights are protected and all persons, including those supposedly on the wrong, see that matters are addressed in adherence to everyone’s rights, then there will be acceptance of the decision reached and less antagonism.

The concept of human rights-based approach to preventing and countering violent extremism is only just being introduced in Kenya. Historically, the war on terror here has been marred by blatant human rights violations by the security forces.

Unfortunately this remains the practice in most anti-terror operations in different parts of the country. For example, there has been increased number of enforced disappearances at the Coast. The incidences have been reported in Kwale, Mombasa and Lamu. Despite the pleas of families and local leaders, the disappeared persons’ whereabouts remain unknown to date.

It is such incidences that are undertaken in total breach of the law and human rights guarantees that then widen the gap between the people and security officers. If the same persons would be arrested and evidence produced in a court of law, then even those closest to them would see justice done and support government’s work.

However, the extra legal acts committed in total disregard of human rights, such as extra judicial killings and disappearances, only push communities away. The acts unnecessarily attract sympathy for suspects and make security officers appear bad in the eyes of families and locals.

To have an effective system to decisively win the war against terror, it is imperative for Kenya to fully adopt the human rights-based approach so that both security organs and the people can pull together to prevent and counter violent extremism.

When the people feel they are treated right by security officers, they will support their work and offer information that could be vital in securing the country. Kenya must learn from the mistakes of the past where rights were violated but still the danger remained real. It is time to change and use the new human rights-based approach to win the war on terror.