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Ladies and gentlemen, all protocols observed...

It is my singular honour to be invited to speak at the opening of this 4th Human


Rights Watch Film Festival here in Nairobi. It is fitting that Human Rights
Watch with global reputation and reach chose to set up in Nairobi four years
ago. You came just in time for in the deepest of ironies: that was the year
Kenya promulgated one of the continents most progressive constitutions but at
the same time basic rights that had been won through hard struggle especially
in the 1990s had started to slide backwards.
AFRICA RISING
In truth across Africa and many other parts of the world the situation vis--vis
basic human rights has been in decline. A democratic recession has gripped
entire parts of the African continent even as we celebrate the narrative of
Africa Rising that is driven by consistently high levels of economic growth
over the last two decades; a growing vibrant middle class; a massive bulge of
educated energetic, healthy and globalized youth with the potential to power
our economies to unprecedented levels. Africas tremendous wealth in natural
resources and the worlds huge hunger for them has been a major factor in
creating potential confluence of positive factors. Add to this the fact that most
of Africa democratized in the early 1990s then on paper the conditions are
beginning to come together that would create for a situation of countries that
are stable and governed via systems of that have the principles of social justice
embedded in them.
This film festival is important because film speaks to the soul in ways and with
a power that other mediums cannot. The festival will showcase films covering
a range of issues of great import to us right now: from transparency in the
extractive sector to gender violence.
CLEAR AND PRESENT DANGER
For Kenya this festival and its focus on rights could not be happening at a more
apt time. I say this because unfortunately over the last two years we have
endured the reversals in human rights in some areas and our current
government has often made it clear that some of the rights Kenyans have come
to take foregranted are at best an inconvenience and at worst a risk to national
security. While the messages are often mixed and confusing it would seem that
there are those within the regime a minority it would seem - determined to
craft Kenya into a militarized authoritarian state wrapped in the national flag
and all the rituals and propagandised narratives of a kind of a kind of proto
fascism.
And so there are specific reasons why we should be concerned about Kenyan
the general environment with regard to rights and freedoms:

i. Apparently dissatisfied with the ability of the police to get things done the
government has increasingly militarized its response to what is now widely
acknowledged as a dramatic deterioration in the security situation since 2012.
Hundreds of policemen have been killed since then and the number of Kenyans
whove been killed, maimed or displaced in the security operations number in
the thousands. It would not be an exaggeration that in fully half the country
even a Cabinet Secretary cannot simply climb into their car and drive there
without special security arrangements being made. In some of these security
zones ordinary citizens are being subjected to colonial type counter-insurgency
operations. In Lamu for example, it is as if a decision has been taken to punish
an entire community causing further alienation and resentment in an already
volatile part of the country.
ii. What started as a soft insurgency in large parts of the country after Jubilee
took power has hardened in those parts of Kenya and among those
communities that have borne the brunt of the governments war against terror.
The chasm between Muslims and the government has never been wider. Even
in mature democracies, the war against terror feeds on the basic rights of
citizens in a manner more widespread and to a depth unprecedented since the
Second World War. Kenyas open ended military adventure in Somalia has not
helped.

iii. Both media and civil society have seen their democratic space shrink.
Disassembling of the media has been subtler with commercial and political
interests sometimes coinciding to create for a situation where Twitter is
considered the more reliable purveyor of truth than some traditional news
outlets. The attack against civil society has been full frontal and unrelenting.
That said, the leadership of Jubilee with its roots in the KANU tradition, have
no history of productive interaction with civil society.
iv. Their credibility damaged by taking political sides in the 2007 and 2013
elections, unsurprisingly, the mainstream churches have caught a flu that has
caused them to lose their voices of the poor, marginalized and downtrodden in
our society. Cynics argue, much of their energy is expended on investing in the
real estate sector.
v. Extrajudicial killings by state agents has now become so commonplace its
been normalized. Indeed, disappearances no longer cause an outcry. If you
are a Muslim preacher your life expectancy has been shortened by several
years. Almost a year ago a State House official disappeared. It was discussed
for some time then forgotten. The capacity to normalize the absurd is a very
Kenyan thing.
vi. The ruling elite blow hot and cold and seems divided with regard to
rampant corruption. With the discovery of oil the potential for the toxic mix of

graft, tribalism and both organic and state-engineered insecurity to blow up in


our faces has never been higher.

It does to keep in mind that Kenya is about to become an oil producer and
across the world generally speaking oil producing countries are allowed a
lower standard when it comes to human rights, transparency and equity in
governance than others. If you have oil the tolerance levels by the international
community for authoritarianism rise.
The real challenge facing Kenya is employing the 1 million youth who enter
the job market every year. This month the first batch of the Free Primary
Education students (half a million of them) did their form four exams. Another
800,000 sat their standard eight exams.

All in all Kenya will keep HRW and the rest of us very busy over the coming
few years but I can only join other Kenyans in wishing well in your work,
thanking you for this Festival and offering to be of every assistance we can
when you need it.
Thank-you.

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