HURIA ANNIVERSARY REPORT

a Foot Prints oF Justice, 2 years on: Still walking

Footprints oF Justice, 2 years on: Still walking

Footprints oF Justice, 2 years on: Still walking

iii Foot Prints oF Justice, 2 years on: Still walking

November 2013 - November 2014

Copyright © 2013, Human Rights Agenda (HURIA)

All rights reserved

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TABLE OF CONTENTS Abbreviations ......................................................................................................................................................................5 Foreword .......................................................................................................................................................................6 Thank you note ...................................................................................................................................................................7 Voice from our Partners ......................................................................................................................................................7 Executive Summary ............................................................................................................................................................8

.0 INTRODUCTION ...................................................................................................................................................................1 1.1 AbouT HuRIA ..............................................................................................................................................................1 1.1.1 IdEnTITy STATEmEnT oF HuRIA ....................................................................................................................1 1.1.2 EmERgEncE And ESTAblISHmEnT oF HuRIA ...............................................................................................1 1.1.3 lEgITImAcy oF REPRESEnTATIon .................................................................................................................1 1.1.4 ouR goAl ......................................................................................................................................................1 1.2 THE 2nd AnnIVERSARy: yEAR PREVIEw .........................................................................................................................2

2.0 OUR APPROACH: HOw we DO OUR wORk ..........................................................................................................................3 2.1 AdVAncIng communITy RIgHTS THRougH EVIdEncE bASEd AdVocAcy ....................................................................3 2.2 ExPAndIng cIVIc EngAgEmEnT THRougH AlTERnATIVE mEdIA ................................................................................3 2.3 PRomoTIng HumAn RIgHTS EducATIon THRougH TRAInIng And mEnToRSHIP .........................................................3 2.4 STREngTHEnIng HumAn RIgHTS PRoTEcTIon THRougH communITy oRgAnIzIng And PARTnERSHIPS ...................4 ouR gEogRAPHIcAl FooT PRInT: wHERE wE woRK ............................................................................................................4

3.0 HUMAN RIGHTS PRIORITIeS AND ACCOMPLISHMeNTS: FIRST 2 YeARS OF ACTIVITY ......................................................7 3.1 SAFEguARdIng FREEdom oF ExPRESSIon: monIToRIng IncITEmEnT To VIolEncE on SocIAl mEdIA ........................7 3.1.1 AccomPlISHmEnTS ......................................................................................................................................7 3.1.2 FuTuRE oF PRIoRITy AREA ............................................................................................................................7 3.2 SuPPoRTIng EFFEcTIVE uSE oF cITIzEn PARTIcIPAToRy ToolS: AdVAncIng communITIES’ RIgHT To PETITIon .............

PublIc AuTHoRITIES ...................................................................................................................................................9 3.2.1 AccomPlISHmEnTS ......................................................................................................................................9 3.2.2 FuTuRE oF PRIoRITy AREA ........................................................................................................................9 3.3 AdVAncIng communITIES’ RIgHT To A clEAn And HEAlTHy EnVIRonmEnT: THE cASE oF PolluTEd JuSTIcE In KAlolEnI And RAbAI Sub counTIES In KIlIFI counTy ............................................................................10 3.3.1 AccomPlISHmEnTS ....................................................................................................................................10 3.3.2 FuTuRE oF PRIoRITy AREA ..........................................................................................................................11 3.4 ExPAndIng communITy RIgHTS oVER nATuRAl RESouRcE mAnAgEmEnT: A FocuS on THE mInIng InduSTRy ......11 3.4.1 AccomPlISHmEnTS ....................................................................................................................................11 3.4.2 FuTuRE oF PRIoRITy AREA ..........................................................................................................................12 3.5 PRoTEcTIng THE RIgHT To FAIR lAbouR PRAcTIcES: THE cASE oF lAboRERS In mulTInATIonAl comPAnIES And PlIgHT oF KEnyAn mIgRAnT woRKERS In THE mIddlE EAST .........................................................12 3.5.1 AccomPlISHmEnTS ....................................................................................................................................12 3.5.2 FuTuRE oF PRIoRITy AREA ..........................................................................................................................12

4.0 IMPACTS OF OUR wORk: CHANGeS CReATeD IN THe FIRST 2 YeARS ................................................................................17 4.1 IncREASEd VISIbIlITy oF EnVIRonmEnTAl JuSTIcE And coRPoRATE AccounTAbIlITy ISSuES ................................17 4.2 ExPAndEd KnowlEdgE bASE And AwAREnESS on THE RIgHT To A clEAn And HEAlTHy EnVIRonmEnT ................17 4.3 cHAngES In PARTnERSHIPS ......................................................................................................................................17 4.4 cHAngE In PublIc noRmS And commITmEnT To AcTIon ..........................................................................................17 4.5 cHAngE In PolITIcAl wIll And PolIcIES .................................................................................................................17

5.0 PUbLICATIONS .................................................................................................................................................................18 5.1 PublISHEd REPoRTS ...............................................................................................................................................18 5.1.1 PolluTEd JuSTIcE .....................................................................................................................................18 5.1.2 lIFTIng THE VEIl oF coRPoRATE ImPunITy ...............................................................................................18 5.2 unPublISHEd And ongoIng woRK ..........................................................................................................................18

6.0 PARTNeRSHIPS AND NeTwORkING ..................................................................................................................................20 6.1 HumAn RIgHTS FAcT FIndIng PRoJEcT ....................................................................................................................20 6.2 InTERnSHIP PRogRAm ..............................................................................................................................................207.0 ORGANIZATIONAL CAPACITY DeVeLOPMeNT ...................................................................................................................21 7.1 oRgAnIzATIon cAPAcITy ASSESSmEnT ...................................................................................................................21 7.2 gRAnT comPlIAncE REVIEw VISIT ............................................................................................................................21 7.3 ExTERnAl AudIT .......................................................................................................................................................21

8.0 ACCOUNTAbILITY STATeMeNT: HOw OUR ReSOURCeS weRe SPeNT ..............................................................................22 8.1 gRAPHIcAl IlluSTRATIon oF HuRIA’S ExPEndITuRES In THE lAST 2 yEARS ............................................................22

9.0 RISkS, CHALLeNGeS AND OPPORTUNITIeS ......................................................................................................................23 9.1 RElEVAncE oF HuRIA’S mISSIon ..............................................................................................................................23 9.2 cHAngES In donATIon lEVElS .................................................................................................................................23 9.3 AbIlITy To REcRuIT And RETAIn STAFF And VolunTEERS ........................................................................................24 9.4 SAFETy And VulnERAbIlITy oF STAFF And PARTnERS .............................................................................................24 9.5 REgulAToRy RISK ....................................................................................................................................................24 9.6 lImITEd oFFIcE SPAcE ..............................................................................................................................................24 9.7 dElAyEd FInAlIzATIon oF oRgAnIzATIonAl STRATEgIc PlAn ..................................................................................24

10.0 looKIng FoRwARd ...........................................................................................................................................................25

11.0 How you cAn HElP ..........................................................................................................................................................26

Annexes .....................................................................................................................................................................27

vivFoot Prints oF Justice, 2 years on: Still walking Foot Prints oF Justice, 2 years on: Still walking

FOREWORD

Dear partners anD FrienDs

November 2014 is an important month in HURIA’s institutional calendar. This month marks our second year of activity since the formation of our organization running under the theme dubbed “Towards sustenance of our rights agenda at the Coast”. In celebrating our anniversary therefore, we feel obliged to reflect and show case how various resources from our generous partners in our first two years of activity have impacted the communities we work with in advancing their human rights and promoting capabilities.

In the first two years of activity, our organization has gradually broadened its understanding and competency beyond common human rights issues to curving its niche in the country’s nascent extractive industry. We have progressed from dealing with environmental justice to matters surrounding corporate accountability in relation to communities’ rights to sustainable mining and enjoyment of other human rights, including access to information and public participation, at the Coast of Kenya.

Even as we celebrate our organizational advances in the past two years, we must acknowledge that this is not change yet of the prevailing status quo propagating power imbalances between industry players and local communities, but merely the start of realizing the change we envision of egalitarian power relations. Our primary concern is how we can sustain the momentum and vibrancy towards ensuring sustainable mining at the Coast region. The future of our work will thus remain robust and evocative through continuous reflections, guidance, solidarity and support from you as our partners.

This report should therefore be read as a reflection, a ‘taking stock’ of sorts, designed to stimulate further intellectual input towards harnessing opportunities for our organization to revitalize corporate accountability and increase the enjoyment of rights, all of which shall be reflected in our Strategic Plan 2015-2017. We recognize and appreciate the important role you have played in the body of HURIA’s knowledge and spirit.

thank you so much for reading.

Yusuf Lule Mwatsefuexecutive Director

ABBREVIATIONS

ACT Act Change Transform

CLARION Centre for Law and Research International

CoK Constitution of Kenya

CSO Civil Society Organization

DFID Department for International Development

EHAHRDP East and Horn of Africa Human Rights Defenders Project

EJCAP Environmental Justice and Corporate Accountability Project

HRDs Human Rights Defenders

HURIA Human Rights Agenda

IFRS International Financial Reporting Standards

KEPSA Kenya Private Sector Alliance

MCA Management Capacity Assessment

MUHURI Muslims for Human Rights

NGO Non-Governmental Organization

PBO Public Benefit Organization

SIDA Sweden International Development Agency

vii Foot Prints oF Justice, 2 years on: Still walkingviFoot Prints oF Justice, 2 years on: Still walking

thank You

As part of our values, we feel indebted to acknowledge and thank you as our friends and partners who have walked with us through our journey this far. We recognize the important role you have played without which; our work would not have been possible.

We first wish to thank ACT through whom we received technical support, mentorship and guidance in our project work implementation.

We extend special gratitude to the Sweden International Development Agency (SIDA), the United States Embassy and the Development Fund for International Development (DFID) for their kind and generous support to our work.

We also wish to thank our friends and local partners the National Coalition for Human Rights Defenders, East and Horn of Africa Human Rights Defenders Project, FAHAMU and the Kenya Human Rights Commission (KHRC) for their unconditional support in our work.

Last but not least, we feel indebted to thank the communities we work with in the Coast region for the confidence and trust you have accorded the organization in its short years of existence.

VOICES FROM OUR PARTNERSHURIA – a young, robust, pro-human rights, pro-corporate accountability, pro-environmental justice CSO that for the last two years has vigorously championed community rights and interests in Pwani – a region that for decades has decried marginalization in the country but today stands tall with renewed optimism given the discovery of vast mineral reserves with the ability to re-energize local community’s socio-economic development. Hongera, and keep looking forward!

— DR. MELBA KAPESA WASUNNA, Director, Strathmore University Extractive Industry Centre

“HURIA has been able to establish itself as an effective civil society organisation working in a niche area that has not been addressed by other CSOs. Being a relatively young organisation, they have been able to accomplish crucial goals and their work should be supported in the coming years to enable them continue serving needs of their constituents.”

— MAINA MWANGI, Programme Associate, Fahamu

“HURIA has since its establishment grown in leaps and bounds to become a leading grass root human rights organisation at the Coast region that works towards the promotion of a human rights culture as enshrined in the constitution of Kenya. The National Coalition of Human Rights Defenders (NCHRD-K) is proud to be associated with HURIAs commitment to the rights of the down trodden and marginalized groups. HURIA has been a dependable partner for NCHRD-K by connecting NCHRD-K with local Human Rights Defenders, promoting the establishment of networks at the Coast and facilitating capacity building, all of which are critical in the advancement of human rights in Kenya.”

— KAMAU NGUGI, Executive Director, NCHRD

“The practice of making rights claim cannot be reduced to engagement with a set of pre-existing legal or moral arguments. Instead, right claiming in the context of contemporary Kenya and more so the Pwani region was, and continues to be, an ongoing, multifaceted, intersubjective, and a dynamic activity that requires engagement with institutions and political actors as well as working with a critical citizenry and social critics that form the backbone of social transformation that we are yearning for. This is what HURIA has done in the last two years. This work implemented in the context of popular outcry from the Coastal community is a lesson of how we can do human rights work that pays more attention to precariousness, vulnerability, injurability, interdependency, exposure and claims of social exclusion. Keep going HURIA; you are building human rights societies in our times.”

— DR. STEvE OUMA AKOTH, Human Rights Scholar and Executive Director, Pamoja Trust.

“HURIA has witnessed tremendous growth in the past 24 months, both in structure and Programmes and has made a mark in the arena of human rights. In particular, HURIA has registered spectacular results in the environmental governance realm by combining research, mobilization (including state agencies) tact to advance an unprecedented “evidence – based advocacy” in the extractives sector in Kenya. It gives me great pleasure to have been a partner and directly associated with a small group of dynamic, determined and selfless Kenyans, always striving to make a difference even when the odds were inordinately high against their endeavor. That magical team, led by Yusuf, always gave me a reason to belief in where we are going as a country. To paraphrase John D. Rockefeller “if you want to succeed you should strike out new paths, rather than travel the won paths of accepted success”. ACT placed its trust on a nascent but self-driven enterprise, and HURIA has done just that – broke new paths that have begun to bring sweet success to the organisation and the constituencies they serve. Keep at it HURIA, be good and do good, all the time.”

— ANTHONy KARIUKI, Director of Programmes, ACT!

viiiFoot Prints oF Justice, 2 years on: Still walking

OUR VISIONA free and equitable society rooted on Human Rights and Constitutionalism

OUR MISSIONPromotion and enhancement of the greater realization and enjoyment of human rights by all.

OUR CORe VALUeS• Constitutionalism

• Partnership and Networking

• Respect for Human Rights and Rule of Law

• Innovation

• Transparency and Accountability

OUR MOTTOOur rights, Our Agenda.

1 Foot Prints oF Justice, 2 years on: Still walking

EXECUTIVE SUMMARY

There is growing national attention and focus on Public Benefit Organizations to

demonstrate accountability and transparency. Local communities, who are often the

primary beneficiaries, are also increasingly taking more interest in the administration

of organizations receiving donor funding also viewed as “public funds”. Questions are

being asked about executive compensation, administrative costs and impacts of these

resources to the lives of the targeted communities. Donors, potential partners and

other stakeholders are seeking more and more information in order to make informed

decisions.

This report is therefore part of HURIA’s overall strategy to communicate with our

stakeholders towards promoting public trust and building support. Like most annual

reports, the purpose of this report is to tell our story to our stakeholders, with a

particular focus to the first two years of operations. The key message that we aim to

convey is how HURIA is delivering on its mission. By publishing this report, we hope to

promote accountability and build our organization’s reputation, make a case for further

support by reaching to new donors, partners, and volunteers.

HURIA has in the last two years implemented two key projects that reached out to

communities in all the six counties of the Coast region of Kenya. The projects’ work

included monitoring incitement to violence in social media and expanding community

rights on environment and natural resources management. Through the said projects,

HURIA has significantly profiled environmental justice and corporate accountability

issues at the Coast of Kenya.

Over the period, HURIA has uniquely invested in the use of “Evidence Based Advocacy”

as a model for advancing human rights. The organization continues to work with and

through universities in undertaking research on environment and the mining sector. More

than anything else, HURIA’s work contributed significantly in promoting communities’

capabilities in enjoying their fundamental rights and freedoms. Through supporting

communities in the use of participatory tools provided in the Constitution of Kenya

2010, our work expanded the civic space. Human Rights Training and Mentorship

remains part of HURIA’s strategy in its work.

This report therefore gives an account of the strategies used by our organization in

realizing change for our targets. It discusses the organizations’ human rights priorities,

accomplishments, risks, challenges and opportunities for the organization in its work.

1.0 INTRODUCTION

1.1 ABOUT HURIA1.1.1 IDeNTITy STaTemeNT Of HURIaHuman Rights Agenda (HURIA) is a not-for-profit, non-partisan Public Benefit Organization committed to advancing human rights and promoting capabilities of state and non-state actors with a view to enhancing the greater realization and equal enjoyment of fundamental rights and freedoms as enshrined in the Constitution of Kenya, 2010, other laws and the international human rights instruments.

1.1.2 emeRgeNCe aND eSTablISHmeNT Of HURIaBased at the Coast of Kenya, HURIA was founded immediately after the 2010 referendum as response to the dictates of the new constitutional order in the country. The organization was found by a group of seasoned human rights activists and concerned citizens to create an additional platform to empower coastal communities to take advantage of opportunities offered by the new constitution.

HURIA, the organizations acronym is a Swahili word synonymous to freedom. The formation of the organization hence signifies the inauguration of a novel struggle by coastal people in pursuit of greater realization and equal enjoyment of human rights and social justice at the Coast of Kenya.

1.1.3 legITImaCy Of RepReSeNTaTIONHURIA draws its mandate from the Public Benefits Organizations Act and the NGO Coordination Act of number 19 of 1990. The organization is legally mandated to undertake its work in all the six counties in the Coast region. It has currently entrenched a strong outreach base in three counties, which include Taita Taveta, Kilifi and Kwale.

1.1.4 OUR gOalHURIA’s inspiration is to advance and enhance state and non-state actors capabilities to participate effectively in all aspects of promoting, applying and interpreting the constitution in conformity with the national values and principles of governance.

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1.2 THE 2ND ANNIvERSARy: yEAR PREvIEW2014 was a testing period for advancing human rights struggles in Kenya. HURIA’s second year of activity started from November 2013 – and ended in November 2014. The year was characterized by harrowing incidents of human rights abuses by the state and the corporate companies. Insecurity manifested through ugly incidents of radicalization and extremism rocking the Coast region also took the centre stage. Attempts by the Government to introduce a new legal framework that would regulate funding for public benefit organizations were temporarily thwarted but continue to pose a threat to civil society work.

Alive to the reality of the threats amidst an ever changing operational environment, HURIA strategically positioned itself to remain potent and germane in protecting human rights and fundamental freedoms in the environment and natural resources sector at the Coast of Kenya.

Growth wise, HURIA has developed in multiple fronts. The organization has expanded both its thematic and geographical footprint to all the six counties of the Coast region namely Kwale, Kilifi, Mombasa, Tana River, Lamu and Taita Taveta. Thematically, the organization diversified from dealing with mainly environmental justice concerns in Kaloleni to corporate accountability and extractives in the three mineral resource endowed counties of Kwale, Taita Taveta and Kilifi.

Compared to the first year of its operations, the organization tripled its funding base registering 78 percent increment in its annual budget. The increased budget size is not only indicative of our maturity but also our ability to reach widely to our target communities. Our biggest concern was thus effective implementation of the budget in realizing our desired impacts.

HURIA has reached the differentiation stage of organizational development. A phase that has seen the organization move from personal, intuitive, experimental way of organization to a more objective, conscious, clear and planned way of meeting the growing organization’s objectives. Our organization is now focused on establishing systems of accountability.

During this period, HURIA expanded its networking base and partnered with universities and private sector organizations. These include the Pwani, Nairobi, Taita Taveta and Strathmore universities. The climax of our second year was marked by HURIA’s participation in the State of the Union members Annual General Meeting in Dakar, Senegal between 10th – 14th November 2014.

2.0 OUR appROaCH: How we do our work

2.1 ADvANCING COMMUNITy RIGHTS THROUGH EvIDENCE BASED ADvOCACy

HURIA employs evidence based advocacy in advancing community rights. We use this approach as a continuous and participatory process of gathering, organizing and formulating information and data into effective arguments. The arguments are then communicated to policy-makers through various interpersonal and mass media communication channels. Our approach is designed to suggest changes to practices, standards and policy with a view to improving the lives of the communities. This method is outstanding since it uses empirical data and information to tell stories to decision and policy makers, persuading them about why it is important to advance a particular cause; building a case or position.

2.2 ExPANDING CIvIC ENGAGEMENT THROUGH ALTERNATIvE MEDIA

HURIA creatively uses emerging communication technologies for promoting visibility to community struggles. The organization continues to enhance the quality and dissemination of its public information resources for its messaging through social media platforms and creative arts.

2.3 PROMOTING HUMAN RIGHTS EDUCATION THROUGH TRAINING AND MENTORSHIPHuman Rights education is an integral part of HURIA’s strategy. HURIA believes that education offers critical consciousness for the society to promote their respect for human rights. Knowledge of rights and freedoms, of oneself as much as of the others, is a fundamental tool to guarantee the respect of all human rights for each and every person. Dissemination of knowledge of human rights aims at bringing about attitudinal change in human behavior so that human rights for all become the spirit of the very living. Our Trainings and Mentorships are not merely an intellectual exercise. They aspire to act as a linkage between human rights theory and practice in the quest to advancing human rights. In this strategy, HURIA uses human rights principles and the Constitution of Kenya as the main frame of reference in all its relationships and promotes creativity and innovation in its dispensation through diverse forms including forums, trainings, workshops, mentorship, ex/internship and cross-learning. The approach not only focuses on imparting knowledge about human rights but also applying a human rights-based approach to ensure communities live in a rights-respecting environment. Citizens are thus equipped with skills, knowledge and attitude necessary to derive benefits that the constitution promises and provides and meaningfully engage with and participate in process within the society.

HURIA’s philosophy is anchored in the Constitution of Kenya (CoK), 2010 with the Bill of Rights as the main frame of reference where its programs are curved.

OUR InstItUtIOnal PhIlOsOPhy

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2.4 STRENGTHENING HUMAN RIGHTS PROTECTION THROUGH COMMUNITy ORGANIzING AND PARTNERSHIPS This approach is anchored on community organizing, partnership and networking. HURIA works with and through Higher Learning Institutions to. In organizing communities, HURIA supports effective use of participatory tools such the right to petition, assemble, demonstrate and picket as provided for under the Constitution of Kenya, 2010.

OUR GEOGRAPHICAL FOOT PRINT: WHERE WE WORK

Current Priority: environment and natural resource Management

Monitored incitement to Violence through social Media

(2012-2013)

Current Priority: cVe through social Media in

community Policing

current Priority: environment and natural resource Management:

Mining. cVe through social Media in

community Policing

County hosts HURIA’s office. Priority area: cVe through social media in

community Policing

Current Priority: environment and natural resource Management:

Mining. cVe through social media in community

Policing

HOW WE DO OUR WORKRESEARCH AND FACT FINDINGWe advance community rights through evidence Based advocacy.

Our officers conduct Fact Finding on Human Rights abuses and publish reports.

HOW WE DO OUR WORKCOMMUNITY OUTREACHES, TRAINING AND MENTORSHIP

We promote Human Rights Education through Training and Mentorship.

We strive to expand citizens’ space to participate in public affairs and governance issues through community trainings and awareness raising forums.

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WHAT WE FOCUS ON:SAFEGUARDING THE RIGHT TO A CLEAN AND HEALTHY ENVIRONMENT

• We map out environmental and mining conflicts in our project counties and promote their effective resolution.

• We monitor fulfillment of environmental related obligations by corporate companies and individuals.

• We enhance capabilities of communities to champion for their right to a clean and healthy environment and profile their work.

3.0 HUmaN RIgHTS pRIORITIeS aND aCCOmplISHmeNTS:

FIRST 2 yEARS oF AcTIVITy

3.1 SAFEGUARDING FREEDOM OF ExPRESSION: MONITORING INCITEMENT TO vIOLENCE ON SOCIAL MEDIAThis priority area was informed by cases of hatred on social media at the coast of Kenya. Our thrust to intervene stemmed from knowledge that social media engagements encourages instant access to information especially among the youth, but also clearly risked abuse of spreading false information and encouraging incitement to cause harm or violence.

HURIA’s inspiration to monitor incitement to violence on social media thus safeguarded the citizens’ right to freedom of expression as pronounced in Article 33 (1) of the Constitution of Kenya, 2010. This article guarantees every person the right to freedom to seek, receive or impart information or ideas but then again limiting it to the advocacy of hatred constituting ethnic incitement, vilification of others or incitement to violence or causing harm.

3.1.1 aCCOmplISHmeNTSHURIA Implemented two programmes that sought to empower alternative voices through social media. These programs specifically aimed at countering extremist and secessionist “chatter’’ on Social Media sites through the active monitoring of their content and posting counter “arguments’’ to more accurately inform users of the dangers of extremist and secessionist ideologies. The flagship activities conducted included trainings, social media monitoring, social media awards.

Through this priority area, HURIA established a pool of social media activists who continue to engage against online incitement to violence or vilification. The online group membership had registered more than 1000 members as of November 2014.

3.1.2 fUTURe Of pRIORITy aReaMonitoring incitement to violence on social media will still continue to be an area of focus for the organization in the years to come. HURIA has now broadened the fight to countering violent extremism and radicalization through social media in community policing. This program targets Law Enforcement Agencies (LEAs) and other community policing structures to promote eternal vigilance, safety and good neighborhood.

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3.2 SUPPORTING EFFECTIvE USE OF CITIzEN PARTICIPATORy TOOLS: ADvANCING COMMUNITIES’ RIGHT TO PETITION PUBLIC AUTHORITIESIn the interest of expanding communities’ engagement in public affairs, HURIA supported community groups in effectively using participatory tools provided for under the CoK, 2010. These tools include the use of petitions, peaceful and unarmed demonstrations, picketing and assembling. The purpose was twofold: To popularize use of the tools among the local citizenry as well as improve local participation in governance issues. The Right to Petition provides citizens with avenues to interact with their political representatives and government bodies on the issues of their concern.

The right of Kenyan citizens to petition public authorities and Parliament is a right conferred by the Constitution under Articles 37 and Article 119 and by the Petition to Parliament (Procedure) Act as well as the Standing Orders of the National Assembly.

3.2.1 aCCOmplISHmeNTS

During this period, HURIA supported communities in presenting the following petitions:

• Petition to the County Assembly of KilifiHURIA mobilized the residents of Kaloleni and Rabai and collected more than 2000 signatures in support of a petition to the County Assembly of Kilifi. The petition was filed under the provisions of the County Government Act with a view to seeking redress on environmental pollution concerns decried by residents of Kaloleni and Rabai in Kilifi County.

• Petition to the County Assembly of KwaleFollowing serious allegations of corruption that rocked the Kwale Public Service Board in its recruitment exercise and subsequent release of a report by the county assembly’s committee on labour and welfare, HURIA mobilized several organizations including the Transparency International, Centre for Law and Research International (CLARION), Muslims for Human Rights (MUHURI), Kwale Human Rights Network and Msambweni Human Rights Watch to petition the county assembly to endorse the committee’s recommendation to have the board removed.

• Petition to NEMA to undertake a Control AuditHURIA petitioned the National Environment Management Authority (NEMA) to conduct a control environmental audit of the activities of the Athi River Cement Ltd in Kilifi County as provided for under Regulation 33 (1) and 39 of the Environmental (Impact Assessment and Audit) Regulations, 2003, Legal Notice No. 101 of 2003. This process involved the residents of Rabai and Kaloleni with a view to preventing further degradation of the environment and senseless damage to property due to the activities of the Athi River Cement Ltd factory and quarries.

3.2.2 fUTURe Of pRIORITy aRea HURIA will continue supporting communities’ organizing, understanding and skills building towards usage of citizen centered participatory tools.

WHAT WE FOCUS ON:WE Support COMMUNITIES in the EFFECTIvE USE of Citizen Participatory TOOLS:Writing of petitions and memoranda, organizing successful processions, demonstrations and picketing

ADvANCING THE RIGHT OF NON-STATE ACTORS TO PRESENT PETITIONS TO PUBLIC AUTHORITIESThe right of kenyan citizens to petition public authorities and parliament is a right conferred by the constitution under articles 37 and article 119 and by the petition to parliament (procedure) act as well as the standing orders of the national assembly. The right to petition is an essential citizen participatory tool, as it provides an avenue for the citizens with their political representatives and government bodies to interact on the issues of their concern.


3.3 ADvANCING COMMUNITIES’ RIGHT TO A CLEAN AND HEALTHy ENvIRONMENT: THE CASE OF POLLUTED JUSTICE IN KALOLENI AND RABAI SUB COUNTIES IN KILIFI COUNTyThis priority area was informed by increased community intolerance to environmental pollution by a local cement manufacturing company in Kaloleni and Rabai sub-counties of Kilifi County at the Coast of Kenya. The local company had set up its processing plant and a quarrying site closer to human settlement in the remote sub-counties of villages of Bondora and Maereni in the said sub-counties. This happened in a period when either Environmental Impact Assessments were not mandatory or possibly not done resulting to emissions that were suspected to be causing various illnesses to the villagers. This was either due to lack of understanding of the causes of their ill health as a result of lack of scientific research establishing the relationship between the emissions and the illnesses or a feeling of helplessness since the polluter was a for profit corporation with massive resources at its disposal

Consequently, HURIA took exceptional responsibility to ensure that the rights of this community living adjacent to mining sites. In advancing this right, our organization monitored fulfillment of environmental related obligations by corporate companies, encouraged public participation in the management, protection and conservation of the environment. Our drive to focus in this area was guided through article 42 of the CoK, 2010 which provides for the right to a clean and healthy environment.


• Provided empirical data and information through research in supporting Rabai and Kaloleni residents’ pursuit to a clean and healthy environment. The study aimed at establishing the direct causal link between the emissions and the recurrent respiratory related illnesses that the community suffered.

• Identified and created a pool of 30 environmental champions at communities disposal.

• Sensitized over 2000 members of the community on the impacts of mining and importance of protecting their right to a clean and healthy environment.

• Supported the community into using citizen participatory tools such as petitions, memoranda and ensured their onward presentation to relevant authorities.

• Organized outreach visits for legislators to meet communities Kaloleni and Rabai over environmental grievances.

• Organized community into monitoring committees to provide continuous oversight and protection of the communities’ rights.

• Supported registration of community groups on environmental justice work for sustainability of work.

• Organized cross-learning visits and mentorship for the environmental champions to other companies such as Base Titanium in Kwale, Bamburi Cement in Mombasa and Tanzanite one in Dareesalam in Tanzania.

• Produced simplified education and advocacy materials such as posters, abridged version of report, stickers and video documentary for wide dissemination to the affected communities and policy makers.

3.3.2 fUTURe Of pRIORITy aReaHURIA has concluded its direct advocacy work in Kaloleni and Rabai sub-counties. The organization believes that the level of empowerment provided to the environmental champions and groups will sustain the remaining part of work. HURIA intends to continue advocating for cases of similar nature by broadening the scope to cover review of standards, regulations and laws governing environmental and natural resources management in the country.

3.4 ExPANDING COMMUNITy RIGHTS OvER NATURAL RESOURCE MANAGEMENT: A FOCUS ON THE MINING INDUSTRyThe need to expand communities’ rights over natural resource management emerged as a priority following HURIA’s earlier study that had casted some doubt in the effectiveness, relevance and adequacy of standards, policies and laws governing environmental and natural resources management in the country. The study revealed (through air quality analysis) that that while there was reasonable compliance by a mining company with environmental regulations regarding emission of pollutants to the environment, communities adjacent to the manufacturing plant and quarry continued to suffer from ill health. Further medical professionals ascertained that the symptoms complained of, were as result of pollutants attributable to mining activities. In view of this, HURIA saw the need to expand the scope of its work to generally improve communities’ rights in the mining sector.

This priority area aimed at ensuring communities living adjacent to mining areas in Kilifi, Kwale and Taita Taveta Counties benefit from the exploitation of natural resources found within their localities.


Provided empirical evidence of the extent at which mining companies comply with environmental standards and regulations in Kwale, Kilifi and Taita Taveta Counties.

advocated for review of important Bills on environment and Mining:

• HURIA Mobilized the Coast Parliamentary Groups’ input into the Mining Bill 2014 to provide scope for community shares in mining ventures and environmental stewardship.

• Mobilized communities input in improving county and national bills related to environment and mining such as the Environmental Management and Coordination Bill 2014, sand harvesting bill in Taita Taveta and the Environmental Bill in Kwale County.

• Supported communities in writing memoranda and petitions to relevant authorities

• Mapped out Environmental and Mining conflicts in Kwale, Kilifi and Taita Taveta counties

• HURIA identified 10 cases contributing to environmental and mining conflicts with a view to addressing them

• Produced simplified education materials on Environment and Natural Resources Management messaging

• Prepared a community’s guide on environmental justice and corporate accountability

• Promoted visibility of communities’ struggle for environmental justice issues

• Conducted trainings and capacity building for communities on mining and human rights issues

12Foot Prints oF Justice, 2 years on: Still walking

CHANGE IN PUBLIC NORMS & COMMITMENT TO ACTION

13 Foot Prints oF Justice, 2 years on: Still walking

• Sensitized over 1000 community members on their right to a clean and healthy environment

• Established a pool of 90 environmental champions trained on mining and human rights

• Trained 30 people on how to improve their participation on Environmental Impact Assessments (EIAs) for Mining Companies in Kwale County. Participants included Members of the Kwale County Assembly, Civil Society Organizations and the youth.

3.4.2 fUTURe Of pRIORITy aReaHURIA is still developing its competency around extractive issues. With the over burgeoning industry, cases of community intolerance to environment and mining conflicts may be inevitable. For this reason, our organization considers this as its core competency area and will strive to build its knowledge base, skills and networks to ensure corporate accountability and environmental justice.

3.5 PROTECTING THE RIGHT TO FAIR LABOUR PRACTICES:

THE CASE OF LABORERS IN MULTINATIONAL COMPANIES AND PLIGHT OF KENyAN MIGRANT WORKERS IN THE MIDDLE EASTArticle 41 of the CoK, 2010, provides that every person has the right to fair labour practices. While we did not have grant resources, we still were able to assist communities in addressing this plight. Cases related to unfair remuneration and unreasonable working conditions registered the highest number. Our organization has observed a clear trend and pattern of violations being perpetrated by industrial companies.

While there has been frequent and adequate featuring of their plight in the mainstream media, there are still a lot of efforts needed to address the problem.

3.5.1 aCCOmplISHmeNTSThrough its public support desk, the organization handled over 30 cases on violation of the right to fair labour practices.

3.5.2 fUTURe Of pRIORITy aReaHURIA envisions developing a full program in the years to come. This decision has been informed by the increased cases of labour unfair labour practices witnessed. This program will also seek to address the plight of Kenyan migrant workers in the Middle East.

over the perioD, our Work has MotivateD coMMunities to take action on environMental and Mining conFlicts in their areas. evidently, there has been DecreaseD tolerance for environmental pollution and corporate misconduct. coMMunities have increased their willingness to demonstrate around huMan rights violations. communities in kaloleni and raBai have increased belief in their own poWer to create change and are exeMplary to others.

CHANGES IN PARTNERSHIPS

huria’s netWorking eFForts have BecoMe More strategic With our partners Deepening their collaBorative relationships. our organization has signed Mous with taita taveta university college and Pwani university to undertake research on mining and environmental issues at the coast. Both huria and its partners have increased referrals to one another.

the partnerships have improved the organizations’ capacity to reach out to its target constituencies more effectively. through these partnerships for instance, our organization is currently benefiting from internships with the Kenya Youth Program under the auspices of the kenya Private sector alliance (kePsa).

We also work closely with the media and other like-minded organizations such as the national coalition for human rights Defenders, kenya human rights commission, haki africa, Pamoja trust, Fahamu and the east and horn of africa human rights Defenders.

CHANGES IN vISIBILITy OF ENvIRONMENTAL JUSTICE & CORPORATE ACCOUNTABILITy ISSUES


PROFILING OF ENvIRONMENTAL JUSTICE WORK AT THE COAST OF KENyAour work has pronounced the importance of environment as a cornerstone of enjoyment of other human rights and the need for communities and civil society groups to safeguard its sustainable protection.Consequently this improved the understanding and clarity between environment and human rights as well as the general visibility of environmental issues.

Our work on environmental justice and corporate accountability has been featured prominently, more frequently and accurately in the local media. This has raised the profile and priority for redress by concerned stakeholders. More importantly, the visibility has pronounced the linkage between environment and human rights.

HURIA has worked with individuals and communities in different parts of the Coast region and assisted them in exposing human rights abuses and ensuring concerned authorities work to address the violations.


4.0 ImpaCTS Of OUR WORK: cHAngES cREATEd In

THE FIRST 2 yEARS4.1 INCREASED vISIBILITy OF ENvIRONMENTAL JUSTICE AND

CORPORATE ACCOUNTABILITy ISSUESOur work on environmental justice and corporate accountability has been featured prominently, more frequently and accurately in the local media. This has raised the profile and priority for redress by concerned stakeholders. More importantly, the visibility has pronounced the linkage between environment and human rights.

4.2 ExPANDED KNOWLEDGE BASE AND AWARENESS ON THE RIGHT TO A CLEAN AND HEALTHy ENvIRONMENTOur work has expanded communities’ base of knowledge and skills on environment, mining and human rights. Through its work, HURIA has established a pool of environmental champions who continue to promote the struggle for environmental and mining rights. Over time, our work has directly reached to more than 2000 people in Kilifi, Kwale and Taita Taveta counties.

4.3 CHANGES IN PARTNERSHIPSHURIA’s networking efforts have become more strategic with our partners deepening their collaborative relationships. HURIA is currently implementing human rights actions towards agreed-upon goals with local universities at the coast of Kenya and other partners. Both HURIA and its partners have increased referrals to one another.

The partnerships have improved the organizations’ capacity to reach out to its target constituencies more effectively. Through these partnerships for instance, our organization is currently benefiting from internships with the Kenya Youth Program under the auspices of the Kenya Private Sector Alliance (KEPSA).

4.4 CHANGE IN PUBLIC NORMS AND COMMITMENT TO ACTIONOver the period, our work has motivated communities to take action on environmental and mining conflicts in their areas. Evidently, there has been decreased tolerance for environmental pollution and corporate misconduct. Communities have increased their willingness to act around human rights violations. Communities in our areas of operation have increased belief in their own power to create change.

4.5 CHANGE IN POLITICAL WILL AND POLICIESOur work has increased political leaders awareness on environmental and mining issues and their willingness to take action. Evidently, HURIA was able to successfully convene 25 Members of Parliament to discuss the Mining Bill on the 8th of May 2014. During the meeting, the policy makers adopted a common language in support of the proposed amendments to the Mining Bill which reflected community priorities. Further, HURIA successfully mobilized the National Assembly’s departmental committee on health to investigate environmental pollution complaints in Kilifi County.

CHANGeS IN AwAReNeSS, kNOwLeDGe AND SkILLS:expanDeD community Base of knoWleDge and skills on Mining and environment and agitation for social change

18Foot Prints oF Justice, 2 years on: Still walking 19 Foot Prints oF Justice, 2 years on: Still walking

5.0 publications 5.1 PUBLISHED REPORTS

5.1.1 pOllUTeD JUSTICe The report was dubbed “POLLUTED JUSTICE! to signify how pollution of environment can be a major hindrance to the enjoyment of human rights. It also seeks to illustrate the importance of environment as the cornerstone to the realization of many rights including the right to life, right to own property, right to education, right to health to mention but a few. Polluted Justice demonstrates how blurred the access to justice and enjoyment of rights in our society can be despite the existence of a supportive policy, regulatory, institutional and legal framework.

A snippet of the 50 pages report reveals the missing scientific facts on the health and environmental hazards posed by the Company’s operations. Of significance to the launch is that the findings in the report point to the need for a serious and concerted effort by all stakeholders in ensuring that the target communities ultimately enjoy their right to a healthy and clean environment as well as the benefits accruing from the company as part of its corporate social responsibility.

An abridged version of this report was also done in Swahili and disseminated to the community.

5.1.2 lIfTINg THe VeIl Of CORpORaTe ImpUNITy Is a compilation and summary of Study Reports, Court Cases, Media Reports and Analysis of the Impacts of ARM Cement Limited Operations on the Safety, Health and Environment of Communities living adjacent to the Company.

HURIA’s purpose of collating and compiling this report is to present a clear account of the struggles, challenges of the implementation of the reports and identification of key stakeholders who need to take action on the various recommendations made. More importantly, the report provides a single harmonized document of the various findings and recommendations for action from stakeholders. This can form the basis for a common platform of action among stakeholders in securing human rights in and around the factory and its quarrying sites.

5.2 UNPUBLISHED AND ONGOING WORK• The Environment: Know your Rights and Responsibilities

• Community Guidebook on Environmental Justice and Corporate Accountability.

• Assessment Report on extent of Mining Companies’ Compliance with Environmental Laws, Standards and Regulations

COvERAGE OF OUR WORK IN THE MEDIA

THE COvERAgE Of HURIA In THE MEdIA In THE lAsT TWO yEARs HAs bEEn AvERAgE. the reports demonstrate that the organization is still shaping up its image to the outside world. While the trend reveals a drop in the media coverage in year two, it is worthy to note that the organization through its projects has reached out to a large number of people compared to the first year.

appreciating the role of the media in its work, huria WIll WORk TO sOlIdIfy its partnership with the fourth estate and also expand its base in the social media platforms. the organization has a dynAMIC WEbsITE and sOCIAl MEdIA.

the graphical illustrations below show the patterns of media reporting.


6.0 paRTNeRSHIpS aND NeTWORKINg

6.1 HUMAN RIGHTS FACT FINDING PROJECTHURIA participated in a six months project which sought to build the capacity of Human Rights Defenders in Fact Finding. The Project was collaboration between EHAHRDP and New York University’s Center for Human Rights and Global Justice and brought together six human rights organizations from three countries (Uganda, Kenya and Burundi) to participate in the Project until the end of 2014. Each organization was asked to nominate two staff members to participate. These staff members were to reflect critically on their fact-finding practices, identify strengths and challenges, and address these gaps through dialogue, networks, and capacity strengthening activities.

HURIA derived three key benefits from participating in the Project. The first is the increased capacity of two staff members to conduct accurate fact-finding and analysis, skills which will directly benefit the organization and has also been diffused to colleagues. The second is the opportunity to contribute to a publication on fact-finding by HRDs, a topic on which no publications currently exist. The third benefit is less tangible, but just as important. It is the opportunity to increase the visibility of HRDs and their work in international academic and policy discussions on human rights investigations.

6.2 INTERNSHIP PROGRAMOver the last year, November 2013 to November 2014, HURIA has received 29 internship applications from both undergraduate and continuing university students; out of which only five have been accorded to the opportunity to work with the organization. HURIA’s Internship Programme works in such a manner that the associates being engaged are conversant with thematic areas of the various projects being implemented in the organization so as to ensure their relevance.

At HURIA interns perform all the tasks that a staff would undertake, of course with proper guidance and this way the intern is not left to do only the lesser and insignificant work. These include facilitating in the organization’s trainings, workshops and community awareness raising forums, drafting of concepts and proposals for potential grants, organizing activities and functions, media liaison etc.

Despite the great work done by the interns, there are a number of setbacks that bar the full exploitation of their potential. Two main challenges are: lack of sufficient funds that would enable an intern who has worked for a period exceeding six months to be employed and inadequate office space that inhibits recruitment of more interns who are qualified and would otherwise add great value to the organization.

They are nurtured to be holistic individuals and are grown in their careers so that at the end of the internship period, the engagement has resulted in to being beneficial to both the organization and the student.

7.0 ORgaNIZaTIONal CapaCITy DeVelOpmeNT

7.1 ORGANIzATION CAPACITy ASSESSMENT HURIA went through its first organization capacity assessment on 29th May 2013 which was undertaken by KTI and the overall rating as per the Management Capacity Assessment tool was 56.38% being termed as moderate. It was then assessed by RSM Ashvir Consulting Ltd who were later appointed by our funding partners ACT! to identify gaps, determine the risk level of HURIA and suggest recommendations. The assessment was carried out on the 18th August 2014. The overall result was 4.43 pointing out to low risk levels suggesting good capacity of HURIA and minimum improvements to excel higher.

7.2 GRANT COMPLIANCE REvIEW vISITThe first grant review was undertaken o 17th June 2014 at HURIA offices by ACT! Grant officers. The findings revealed that the finance department has complied with the General Accepted Accounting Principles [GAAP] and donors requirements but also recommended improvement in procurement procedures. A second review was undertaken on July 2014 and the compliance report encouraged the organization to keep up on the good financial management and operational practices.

7.3 ExTERNAL AUDITHURIA engaged AAC Certified Auditors to carry out its first external audit since its inception for the period commencing December 2012 till December 2013. The auditor’s opinion was that the financial statements gave a true and fair view of the state of financial affairs of the HURIA as at 31st December 2013. A clean bill of health was also registered to our income and expenditure statement and cash flow for the 13 months period in accordance with International Financial Reporting Standards [IFRS].

Our funding partners ACT! also engaged Kiarie Kangethe and Co. Certified Auditors to perform an audit on the project they were funding. The auditors opinion was that the funds accountability statement and the supporting schedules presented fairly, in all material aspects, the income and expenditure for the project in accordance with the accounting policies IFRS and in conformity with the donor reporting guidelines. Kiarie Kangethe & Co. performed the audit of the funds disbursed and reported by HURIA to ACT for the 7 month grant period from 15th May 2013 to 15th December 2013 to a total of KSHS 4,842,475.

In sum, all the capacity assessments, compliance financial reviews and external audits undertaken during the past two years concluded that HURIA is complying with the IFRS, Donor and NGO Board requirements.


8.0 aCCOUNTabIlITy STaTemeNT:

How ouR RESouRcES wERE SPEnT

8.1 GRAPHICAL ILLUSTRATION OF HURIA’S ExPENDITURES IN THE LAST 2 yEARS

9.0 RISKS, CHalleNgeS aND OppORTUNITIeS

9.1 RELEvANCE OF HURIA’S MISSIONHURIA remains conscious of the changing environment and changes in human rights priorities. The organization will undertake continuous reflections and midterm reviews in sync with the changing environments in order to remain relevant.

9.2 CHANGES IN DONATION LEvELSCurrently 100% of HURIA funding is from partners’ grants. This makes us vulnerable to policy changes by governments and concerned that this may result in decreases in funding beginning in 2015. Despite our current fiscal strength, ongoing stable funding remains a primary area of long-term concern. We are aware of the potential impact on our current priority areas if there are no increases in operational funding once our current supports funding ends. The challenge of securing and maintaining strong core funding, therefore, remains a priority. HURIA seeks to expand its income sources by starting Income Generating Activities. It is also essential that all who support the vision of HURIA continue supporting to prevent potential programs and staff cut back.

huria grant expenDiture By percentage - year 1

huria grant expenDiture By percentage - year 2

PROGRAM COSTSRESEARCH COSTSSALARIES AND BENEFITSASSETSADMINISTRATIvE COSTS

57%

10%

18%

8%7%

PROGRAM COSTSRESEARCH COSTSSALARIES AND BENEFITSASSETSADMINISTRATIvE COSTS

65%9%

21%

1%5%

HURIA Officials following on a presentation during a cross learning program in Dare’esalam, Tanzania. From Left: Mr. Doto Metari, Manager, Tanzanite One, Khalid Mansur, Finance Manager, HURIA and

Yusuf Lule, Executive Director, HURIA.


9.3 ABILITy TO RECRUIT AND RETAIN STAFF AND vOLUNTEERSThe shortage of appropriately trained and qualified human rights practitioners with skills

is of growing concern. HURIA is addressing the potential shortfall with its internship

programs with local universities. This innovative, multi-disciplinary program provides us

with the opportunity to enhance our program operations but is only tentative. In the years

to come, HURIA will seek to build capacity of its core staff to ensure delivery.

9.4 SAFETy AND vULNERABILITy OF STAFF AND PARTNERSWe are aware of the sensitivity of some of the human rights priorities we handle. This

continues to put our staff vulnerable in a dwindling environment for safety. HURIA will

seek support from its partners to ensure security and safety of its staff and partners is

prioritized.

9.5 REGULATORy RISK Over the past two years, there have been significant changes in obligations under laws and

regulations. Of particular note, is the PBO Act 2014 which regulates the operations of all

NGOs now referred to us Public benefit organization in the new law. HURIA will continue to

speak to this and work with other likeminded stakeholders to ensure a conducive working

environment.

9.6 LIMITED OFFICE SPACEHURIA staff and operations have grown over the two years period. The organization is

currently unable to accommodate its ever growing requests for internship due to limited

office space. This will thus be considered as an important area of concern in the coming

year.

9.7 DELAyED FINALIzATION OF ORGANIzATIONAL STRATEGIC PLANTwo years down the line, our organization is struggling to finalize its road map to achieving

its vision. While the considerable delay has been occasioned by reasons beyond the

management’s control, the organization shall prioritize its conclusion sooner than later.

10.0 lOOKINg fORWaRDHURIA looks forward to building both its financial and technical capacity on research and advocacy. The biggest challenge will however be how to sustain and grow its resource base to ensure the organizations continued vibrancy and engagement in the discourse.

With limited and contested donor resources, like most organizations, HURIA risks embracing grant opportunities not aligned to its core areas of work. To retain its strategic path therefore, HURIA will seek to prioritize finalization of its Strategic Plan (2015-2017). It is the organizations’ belief that the plan will exceptionally guide it through the next three years and sharpen its strategic focus.

HURIA will further seek to diversify its scope of work to issues of economic justice and industrial relations as informed by our public support work. If approved, this divergence will see the organization seek to address the root cause of the plight of Kenyan migrant workers in the middle.

Looking further ahead, we are concerned that our organization has so far been very reliant on funding support from the international partners. We plan to temper that dependence by investigating the potential to generate revenue from other activities to help us serve and support our clients.

Operational objectives for 2015

• Finalization and operationalization of HURIA’s Strategic Plan by January 2015

• Increase of HURIA’s annual budget by 10 % by June 2015

• Introduction of a new project addressing economic justice and industrial relations issues June 2015.

• Acquisition of new spacious offices by June 2015.


HURIA Team: From Left: Dickson Shaban, Julius Mutimba, Alex Nziwi and Eric Mgoja


11.0 HOW yOU CaN HelpFor generous foundations, partners and individuals who also believe in our mission of advancing rights and promoting capabilities if state and non-state actors, we offer the following creative options for helping to further our important work.

• Support a new project on economic justice and industrial relations that would seek to address all forms of inequalities at the coast of Kenya

• Help expand our project on environmental justice and corporate accountability by providing both financial and technical support for research work

• Volunteer or undertake internship with us to share your experience and expertise in our work

• Support organizational capacity development by providing training opportunities and capacity building for our staff

• Support our core administrative budget to ensure sustainability of our work.

HURIA Team: From Left: Michelle Samba, Betty Sidi, Saada Seif and Cecilia

ANNEXESAnnex 1: Team HURIA 2013-2014During the period November 2013 to November 2014, HURIA’s stewardship team constituted of the following:

position name current status no. required

Executive Director Yusuf Lule Mwatsefu 1 1

Finance and Administration manager Khalid Mansur 1 1

Programs Manager Betty Sidi Mohamed 1 1

Human Resource Manager Dickson Kelvin Shaban 1 1

Administrator Alex Nziwi 1 1

Receptionist - 0 1

Office Assistant John Julius Mutimba 1 1

M&E Officer - 0 1

Project officers Eric Karisa Mgoja 1 3

Field Coordinator - 0 6

Programme Associates and Interns Michelle SambaCecilia NaliakaMoreen WairimuPatronillah GorenJacinta WekesaBeatrice Tunje

4 3

Volunteers Asma Hussein 0 26

total 14 46


Annex 2: Chronological Profile of key Activities undertaken in First 2 Years of HURIA

date Events

11th June 2013

HURIA lodged a complaint to the Public Complaints Committee on Environment over environmental pollution in Rabai and Kaloleni constituencies in Kilifi County

26th July 2013 Public Complaints Committee (PCC) conducted site visit in Kaloleni following lodged complaints against ARM by HURIA on behalf of the local residents.

29th July 2013 HURIA filed petitions to the National Assembly over environmental pollution complaints raised by Rabai and Kaloleni residents in Kilifi County

18th November 2013 HURIA and NEMA appears before the Parliamentary Select Committee on Environment and Natural Resources over filed petition on environmental pollution by ARM Cement company

9th December 2013 HURIA launching of Impact Study Report on ARM operations dubbed Polluted Justice.

30th January 2014 Public Forum on Parliamentary Select Committee on Environment and Natural Resources conducted site visit in Kaloleni over the environmental impacts caused by ARM Co. Ltd.

1st – 5th April 2014 Visit to Tanzanite One Company in Dare-salaam, Tanzania for Community Cross-Learning Program on Mining practices

5th May 2014 Signed a Memorandum of Understanding [MoU] with TTUC for research and capacity building on Mining and Environment

8th May 2014 Coast Parliamentary Caucus on the Mining Bill 2 014.

31st July 2014 MPs Caucus meeting at the Intercontinental Hotel Nairobi to discuss the report by the select committee on Environmental degradation posed by ARM and lobby them not to adopt it.

June 2014 HURIA convenes a meeting with Members of Parliament to lobby them against passage of the PBO Act 2014 miscellaneous amendments Bill 2014.

10th September 2014 National Assembly Departmental Committee on Health conducted Public hearing at Mbungoni, Kaloleni.

11th September 2014 HURIA convened Stake holder meeting to discuss, draft and submitted Memorandum on proposed EMCA Bill 2014 to Parliamentary Select Committee on Environment.

13th-14th November 2014

Hosted Digital Security for Journalists and Media Activists

19th-21st November 2014

Community EIA Training- Kwale County

Annex 3: List of Newspaper Articles featured

DeceMBer 2013

Date title of article reporter newspaper

10th December, 2013 Cement factory told to control air pollution Nation Correspondent

Daily Nation

10th December, 2013 Lobby group warns firms right violation Elias Yaa Star

13th December, 2013 Firm defended against pollution claims Benard Sanga Standard

19th December, 2013 Factory not polluting air, women leader says Nation correspondent Daily Nation

January 2014

6th January, 2014 Kwale County staff hiring takes a new twist Alloys Musyoka Star

20th January, 2014 Firm fights off allegations of pollution as battle with rights group hots up

Jeckonia Otieno Standard

FeBruary 2014

1st February, 2014 House team visits cement factory to assess complaints of air pollution

Nation correspondent Daily Nation

1st February 2014 Firm threatens to sue lobby Star correspondent Star

3th February, 2014

Tackle cement pollution, minister told Nation Correspondent

Daily Nation

17th February , 2014 Understanding ARM’s battle in Kaloleni Emmanuel Were and Jevans Nyabiage

Standard

17th February, 2014 Residents say plant poses health risks Charles Mghenyi Star

March 2014

27th March Petition to oust Kwale’s Public Service Board Tobias Chanji Standard

April 2014

30th April, 2014 Call to clip powers of the mining CS Bozo Jenje Daily Nation

May 2014

3rd May, 2014 NGO launches Mining Project Nation Correspondent

Star

7th May 2014 Coast leaders push to have Mining Bill amended

Renson Mnyamwezi Standard

8th May, 2014 Alert out after disease kills 200 animals Samuel Kazungu Daily Nation

9th May, 2014 MP: Provisions in Mining Bill may lead to abuse

Tobias Chanji Standard

9th May, 2014 Coast leaders meet to discuss Mining laws Laban Walloga Daily Nation

15th May ,2014 Leaders, experts want mining Bill altered Patrick Beja Standard

16th May, 2014 Lobby group signs MoUs with varsities for capacity building

Renson Mnyamwezi Standard

16th May ,2014 Lobby wants changes made to Mining Bill Nation Correspondent

Daily Nation


Date title of article reporter newspaper

June 2014

13th June, 2014 Lobby vows to take action against polluters Nation Correspondent

Daily Nation

27th June, 2014 Takaungu residents want report on death of animals made public

Fatma Abubakar Kilifian

august 2014

5th August, 2014 Coast land probe to go back 50 years Daniel Nyassi Daily Nation

noveMBer 2014

3rd November 2014 Mombasa row over cattle deaths Elias Yaa The Star

3rd November 2014 Compensate farmers, cement firm told George Kikami Daily Nation

5th November 2014 Coast NGO mulls projects to tame extremism Rueben Mwambingu People Daily

Annex 4: Staff Training

Month title of training

February East Africa Good Governance and Human Rights Platform

April Countering violence, extremism and Radicalization Training

June Basic Digital Security Training

July Fact Finding Training

August Monitoring, Evaluation, Reporting and learning systems Training

August Training for Human Rights Defenders working on Resource extraction industry

September Digital Security Training

October Writing workshop on Evidence Based Advocacy Model for HURIA

November Security Management Training

November Documentation of Human Rights violation and Fact Finding

November Fact Finding conference

November Community training on improving participation for EIAs in mining projects

Annex 4: List of Grants Received Over the Last 2 Years

s. no. project name name of Donor

Date project location(s)

total amount (kshs)

purpose

1 Empowering Alternative Voices for Social Media

United States Agency for International Development (USAID) through KTI

December 7th,2012 –

3rd May 2013

Mombasa Kshs.3, 345,500 The project aimed at strengthening effective advocacy and enhancing networks amongst youth accessing Social Media and promoting positive youth empowerment and national identity, and dispensation of the Constitution of Kenya 2010.

2 Empowering Alternative Voices for Social Media

United States Agency for International Development (USAID) through KTI

July 18th- 30th November 2013

Kwale, Kilifi, Tana River, Taita Taveta, Mombasa and Lamu

Kshs.4, 013, 250

This project targeted users of Social Media Sites mainly from the Coast region, in an effort to counter extremist and secessionist ‘’chatter’’ on Social Media sites through active monitoring of their content and posting counter ‘’arguments’’ to more accurately inform users of the dangers of extremist and secessionist ideologies.

3 Empowering communities to demand social and environmental

Justice

Swedish International Development Cooperation Agency (SIDA)

15th May 2013 - 15th December 2013

Kaloleni and Rabai constituencies in Kilifi County

Kshs. 4,842,475 This project was meant to address the plight of the residents of Rabai and Kaloleni in Kilifi County. It aimed at analyzing the health and environmental hazards posed to members of these communities as a result of emissions from a cement manufacturing company which has a processing plant in the area. The emissions from the factory released pollutants that are known to cause various illnesses and the cement manufacturer had constantly refused to put in place any measures to address the situation.

4 Empowering communities to demand social and environmental

Justice

Department for International Development (DFID)

16th December 2013 -15th May 2014

Kaloleni and Rabai in Kilifi County

Kshs.6,426,500 This project was an extension of the first one above. In addition, this one had sought to organize and build capacity of immediate community living around Athi River Cement (ARC)1d neighborhood to ensure sustainability and consistency in pursuit of the agenda

Training on Human Rights and Alternative Grievance Mechanisms for Public Officials and ARM line Managers

To heighten the level of awareness on human rights and environment

5 Expanding Community Rights over Environment and Natural Resources

Swedish International Development Cooperation Agency (SIDA)

1st April – December 31st 2014

Kwale, Kilifi and Taita Taveta

Kshs.14, 005,700

To ensure that the Legal framework governing the Mining sector has adequate provisions for community participation and benefit sharing

To improve compliance by Mining Companies to health and safety regulations relating to pollution

To improve capacity of communities to demand enforcement of health and safety standards and to participate in negotiations on award of licenses’/concessions to extract /exploit natural resources

6 Strengthening Community participation in environmental impact assessments and environmental audits

World Wildlife Fund (WWF)

Russel E.Train Education for Nature Program

September 15th – December 31st 2014

Kwale Kshs.645, 200 This workshop intends to improve and strengthen local communities’ participation in EIA/EA processes for mining projects located adjacent to their neighborhoods in Kwale County

7 Countering Extremism and Radicalization through social media in community policing

US Embassy- Department of State

Kwale, Mombasa, Kilifi and Lamu

Kshs.6, 265,668 To train communities and law enforcement agencies on the use of social media to counter extremism and radicalization in community policing;

To promote partnerships and dialogue between community and law enforcement agencies in ensuring peace and security is maintained in Lamu, Kilifi, Mombasa and Kwale Counties;

To map out, analyze and document patterns, trends and incidents of radicalization and extremism;

To motivate, encourage and mobilize key stakeholders to use social media in enhancing community policing initiatives.

total amount received by november 2014 Kshs. 39,544,293


Annex 5: HURIA board of Directors

1. Ramadhan Masudi Bungale Chairperson

2. Yusuf Lule Mwatsefu Secretary and Ex-Official

3. Khadijah Sangeena Abdallah Treasurer

4. Nanjala Wandibba Akademia Member

5. Koome Inyingi Member

6. Justus Munyithya Member

7. Dr. Melba Wasunna Kapesa Member

HURIA Programme Associate, Michelle Samba conducting Community Training.


hoW to reach us: our contacts

Postal Address: P.O Box 41169

Postal Code: 80100

City: Mombasa

Country: Kenya

Website: www.humanrightsagenda.or.ke

Email: [email protected]

Telephone: +254 020 2319001

Facebook page: https://www.facebook.com/pages/Human-RightsAgenda

Tweeter: HURIA_KENYA

mailto:[email protected]

Documents

HURIA ANNIVERSARY REPORT