Monday, October 22, 2018



The AIDS and Rights Alliance for Southern Africa (ARASA), through the Regional Capacity Strengthening Convening for National Human Rights Institutions, proudly promotes collaboration and learning between NHRIs and CSOs. This work is supported by the Global Fund Africa Regional Grant on HIV: Removing Legal Barriers. This week, we spoke with Commissioner George Morara from the Kenya National Commission on Human Rights to learn more about their work


          Please provide a brief background on your organisation 

The Kenya National Commission on Human Rights (KNCHR) is an Independent National Human Rights Institution (NHRI) established under Article 59 (1) of the Constitution and operationalized through the KNCHR Act No. 14 of 2011 (Revised in 2012). The KNCHR succeeded the statutory body established in 2002 and the earlier Standing Committee on Human Rights (SCHR) established under a Presidential Decree in 1996. The Commission is comprised of five commissioners, i.e. the Chairperson, the Vice-Chairperson, and three Commissioners. Presently, the Commission’s Headquarters is in Kenya’s Capital City of Nairobi. The Commission also has five regional offices located in Wajir, Mombasa, Kisumu, Kitale and Nyahururu.

The Commission has broad functions which include to;

  • Promote respect for human rights and develop a culture of human rights in the Republic of Kenya
  • Promote the protection and observance of human rights in public and private institutions
  • Monitor, investigate and redress human rights violations.
  • Act as the principal organ of the State in ensuring compliance with its obligations under international and regional treaties and conventions relating to human rights.
  •  Formulate, implement and oversee programmes intended to raise public awareness of the rights and obligations of a citizen under the Constitution;

Why do you think NHRIs are important in protecting and promoting the rights of key populations?

NHRI’s are important in protecting the rights of Key Populations for a number of reasons;


  •  NHRIs are mandated and obligated by law to ensure the protection and promotion of the rights of all people particularly the most vulnerable.
  •  Key Populations are human beings with equal dignity and protection before the law.
  • Key Populations suffer constant and multiple violations due to their vulnerability and stigmatization by society.
  • NHRI’s have more leverage in engaging with various stakeholders including duty bearers to ensure protection of Key Populations.
  • NHRI’s have a key role in ensuring compliance by their respective states with obligations under international and regional treaties and conventions relating to human rights (including the rights of Key Populations).
  • Protecting and promoting the rights of Key Populations by NHRI’s helps in raising public awareness that in turn contributes to better human rights guarantees for key populations and their acceptance and respect by the society.


How can NHRIs best work with civil society organisations to advocate for a human rights-based response to HIV, TB and SRHR in their respective countries and in the region?
  •  By building synergy and coordinating their efforts in protecting and advancing the rights of Key Populations.
  • Conducting joint advocacy on policy and legislative areas affecting Key Populations. Building mutual capacity and awareness on the rights of Key Populations.
  •   Documenting and offering redress to violations of the rights of key Populations.
  •  Building the capacity of vulnerable populations to enable them advance and claim their rights.
  • Conducting joint strategic litigation to advance the rights of Key Populations.
  • Conducting joint campaigns towards advancing the rights of vulnerable groups.







How have the ARASA and NANHRI Regional Capacity Strengthening Convenings for NHRIs been beneficial to you and your Commission?

The Convenings have greatly enhanced the KNCHR’s knowledge and capacity on advancement of the rights of Key Populations,  KNCHR has further benefitted immensely from lessons, initiatives and experiences from other NHRI’s and CSOs which continue to inform our interventions on the rights of Key Populations. The convenings have also provided a platform for KNCHR to share its experience and engagement on SOGIE & Key Populations with other NHRI’s and stakeholders

 What challenges do NHRIs or your Commission more specifically, face in carrying out this work (specifically work in relation to HIV, TB and SRHR)?

The Commission still has knowledge gaps with regard to Key Populations which militates against effective engagement and advocacy. Further, the Commission is affected by the same negative society attitudes towards Key Populations which it continues to address. The deeply entrenched stigma, negative societal attitudes, criminalization and discrimination against Key Populations continues to create a human rights non-compliant environment in Kenya where a majority of people in Key Populations continue to suffer silently as they fear coming out to claim their rights.

The KNCHR has at times faced serious backlash from the public, religious and political leaders for advocating for the rights of Key Populations particularly with regard to sexual orientation and gender expression. They accuse the Commission of ‘promoting immorality and foreign values and interests’. Lastly, lack of sufficient resources continues to limit the scope of engagement by KNCHR in promoting the rights of Key Populations.


Please provide specific recommendations for NHRIs and for CSOs in advocating for a human rights-based response for HIV, TB and SRHR

·         NHRI’s and CSOs should collaborate and formulate a joint action plan of advocacy for human rights-based response for HIV, TB and SRHR. This joint action plan should be national and regional in scope so as to provide a platform for NHRIs and CSOs to work together on a number of interventions geared towards providing better human-rights guarantees for Key Populations including, but not limited, to the following areas:

  •      Decriminalization and Protection measures
  •     Access to legal and health services for Key Populations.
  •     Capacity building and awareness creation
  •     Strategic Litigation
  •     Joint advocacy campaigns.
  •     Conducting research to inform responses to Key Populations.
  •     Recognition of the vulnerabilities and inclusion of Key Populations in government policy and responses.





The AIDS and Rights Alliance for Southern Africa (ARASA) established in 2002 is a regional partnership of 115 non-governmental organisations (NGOs) that work together in 18 countries: Angola, Botswana, Comoros, Democratic Republic of Congo, Kenya, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Swaziland, Tanzania, Uganda, Zambia and Zimbabwe. ARASA’s goal is to promote a human rights approach to HIV, Sexual and Reproductive Health and Rights (SRHR) and tuberculosis (TB) in Southern and East Africa, through capacity building and advocacy. ARASA partners comprise a diverse mix of well-established organisations and less well-established ones from an assortment of constituencies, such as advocates, key population interest groups and people living with HIV

For more information, please visit http://arasa.info 
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