Every year on August 30, the world marks International Day of the Victims of Enforced Disappearances.
Enforced disappearance is a tactic used by the government or its agents to create fear, insecurity and terror to achieve different motives.
It is the worst form of fundamental human rights abuse.
Individuals are captured or abducted and held at unknown places. This creates fear not just for victims and their families but also for the entire society.
It is a serious crime that most governments have not criminalised, despite the day being marked since 2010 after the UN General Assembly resolved and fixed the date.
The day is important to Kenya and the world as it is a confirmation that enforced disappearances exist.
It gives the world an opportunity to reflect, appreciate and remember victims and families of victims.
Victims are in most cases in their productive years and with great parental responsibilities.
In Kenya, I commend the Missing Voices Project, which was founded in 2008 to tackle extrajudicial killings and enforced disappearances by providing a one-stop-shop for verified data.
The stakeholders include International Justice Mission, Heinrich Boell Stiftung, Amnesty International-Kenya and Police Reforms Working Group, among others.
TERRIFYING NUMBERS
In the 2020 Annual Report, Missing Voices documented 167 cases of people who were killed or disappeared in police custody. Out of these, 157 were killed by the police, while 10 were disappeared.
The report showed the government does not keep a record of police killings and enforced disappearances.
"Our research, the research from other human rights organisations and the media indicate that police killings and enforced disappearances is a systemic problem in Kenya," the report said.
RECOMMENDATIONS
One of the Missing Voices recommendations in the report was that the Director of Public Prosecutions in collaboration with government oversight agencies, the Judiciary and civil society create Habeas Corpus guidelines.
It also recommended that the DPP works with the Witness Protection Agency to encourage witnesses to testify in cases of enforced disappearances.
Mission Voices partners want the Inspector General of Police to confirm in line with the presidential directive that he will name, dismiss and prosecute any officer found culpable for human rights violations and not transfer the officers as has been the practice.
They also want the IG to present to the National Assembly police own data on killings and enforced disappearances. The coalition has presented a copy of the report to the IG.
The lobby also wants the National Police Service to offer support to investigate officers for the successful prosecution of perpetrators of enforced disappearances and killings.
The Missing Voices demands that criminalisation of enforced disappearances as a priority not just in Kenya but across the world.
Mortuaries globally must have a record of bodies buried as "unknown" while post-mortem examination must be done within three days.
Kenya must with urgency ratify the International Convention of Enforced Disappearances and ensure reparations for families of victims as a priority.
Equally important, police officers or any government security agencies must be in uniform and in marked vehicles when making arrests.
Together till death separates us are vows exchanged during marriage by couples. Have you ever imagined what happens when a partner involuntarily disappears from their homes not to be seen again?
In Kenya's case, no death certificate is issued under such circumstances. It, therefore, makes it difficult for the administration of inheritance thus affecting the economic empowerment of societies, among other challenges.
One partner cannot get married again if the other has disappeared and no hope of returning.
You just cannot divorce someone who is not in your life. As long as the partner is not there and may never return, you cannot initiate a divorce or remarry.
Is enforced disappearance not a serious crime against humanity?
Worse and sadly, victims are likely to be secretly tortured. I see it as a human rights violation within a human rights violation: It is an intrusion to privacy.
This exposes victims to more abuse of their human rights. Torture, which security agencies use to get information, is a crime.
It is therefore my opinion that enforced disappearances subject both victims and their families to torture. It captures society’s mental and psychological well-being.
It is my hope world leaders will make the world habitable for future generations by once again vowing to end enforced disappearances and taking other necessary actions to protect human rights.
Take this opportunity today as we mark the international day of the victims of enforced disappearances and visit or make a phone call to encourage families of the victims.
Albert Nyakundi is a crime journalist with a passion for human rights reporting and a data collector for the Missing Voices Project
