Introduction
Human dignity is at the heart of human rights and at its most basic, human dignity is the commitment that all people hold an exceptional value that is tied solely to their humanity. It has nothing to do with their class, race, gender, religion, abilities, or any other factor other than their being human. The Constitution of Kenya (2010) mentions the word “dignity” thirteen times, most prominently in Article 10 among the “National Values and Principles of Governance”, and in Article 28, titled “Human Dignity”, which is crafted in line with the global trend, which considers human dignity to be the fundamental value, or one of the fundamental values, of a society that adequately respects human rights.
Illegal structures include developments or buildings that are not based on approved plans and specifications or unauthorized constructions.Human dignity entails protection and promoting the inherent worth and value of every individual, ensuring respect, equality, and justice in society. It is a guiding principle for the protection of human rights and serves as a moral compass for decision-making in various domains. Thus, this policy blog explores the effects of demolitions of illegal structures of human dignity while giving recommendations on the areas of intervention.
Emerging Human Dignity Issues during Demolition of Illegal Structures in Kenya
Kenyans are facing a challenge of demolitions and evictions, which in some cases are carried out inhumanely. The demolitions are often illegal, conducted without a court order, with no consultation and no three-month advance warning as stipulated in the Evictions and Resettlement Procedures Bill, 2012. The evictions have been criticized, with calls for a change in basic assumptions. Demolitions of structures in Kenya has significant impact on human dignity. The aspects of human dignity that are affected during demolitions of illegal structures in Kenya include the following:
Shelter and housing dignity
Forced evictions and demolitions result in the displacement of individuals and families, leading to a loss of stable housing. Individuals made homeless due to demolitions may experience a loss of personal space and security, affecting their dignity. For instance, in April 2021, more than 5,000 residents of Njiru area in Nairobi were left homeless, counting huge loses after the government carried out demolitions to pave way for development projects. These demolitions lead to the transition of these individuals from being comfortably housed to being homeless.[1]
Economic dignity
Demolitions disrupt businesses and livelihoods, affecting the economic dignity of individuals who may lose their source of income. For instance, in February 2021, when the Nairobi Metropolitan Services (NMS) announced plans to demolish houses in Kibra to pave way for the construction of a Ksh 5.8 billion 28km road to link Kibra to Lang’ata, and Southern Bypass, the announcement marked the beginning of haphazard property demolitions, a majority without any eviction notice. Markets were not spared either, with the government closing Korogocho market without offering alternatives to traders. More than 100,000 people from several informal settlements depended on the market to make a living.
Community dignity
The demolition of structures can disrupt social bonds within communities, leading to a loss of social support systems and community cohesion. According to Amnesty International Kenya, in 2018, demolitions in Ngong’, Lang’ata and Kibra, under the watch of armed guards raised deep concerns. This is because the demolitions and forced evictions betray the agreement reached by the Kenya Urban Road Authority, the Kenya National Human Rights Commission, and the National Lands Commission of undertaking a rapid Resettlement Action Plan. The demolitions deprived residents of housing, shops, clinics and schools, generally affecting their social structure.
Loss of cultural heritages
Demolition of structures with cultural or historical significance may affect the cultural dignity of communities, as it involves the loss of tangible elements representing their heritage. The Ogiek community, for instance, which has a rich cultural heritage, has suffered cultural erosion due to the constant demolition of their houses and consequent evictions from the forest. Traditional knowledge and practices are critical to the cultural heritage and well-being of indigenous communities, and the loss of these traditional knowledge and practices can have a negative impact even on the environment and natural resources.
Effects on physical and psychological dignity
Poorly managed demolitions may pose risks to the physical safety and health of individuals, compromising their physical dignity. Incidences of night evictions have been reported where residents are woken up by choking and suffocating smell of dust from demolitions and war cries from residents. During such demolitions, police fired tear gas to force residents out of their houses. The experience of seeing or undergoing forced demolitions can result in psychological trauma, affecting the mental well-being and dignity of individuals.
Gaps in Policy Framework on Demolitions
There are various policies that provide for the procedures to be followed in the event of demolition of illegal structures. These include the Universal Declaration of Human Rights (UDHR), which is considered the mother of all international instruments on human rights. It provides the inspiration for all subsequent human rights treaties. Adopted and proclaimed by the General Assembly on 10th December 1948, Article 25 of the UDHR guarantees the right of everyone to adequate housing. Kenya is a member of the United Nations that adopted the Declaration and is therefore considered to be a party to the Declaration.
The Evictions and Resettlement Procedures Bill, 2012 outlines the procedure prior to forced eviction. According to the Bill, a person shall not be forcibly evicted from their home or have their property demolished without a Court order authorizing the eviction or demolition. In addition, the Bill states that a person who forcibly evicts another person without a Court order issued pursuant to section 4 commits an offence and is liable to a fine not exceeding one million shillings or imprisonment for a term not exceeding two years, or both. The Bill further outlines the procedures to be followed before any forced eviction is carried out. Contrary to the existing procedures outlined in the Bill above, forceful evictions have been carried out with total disregard of the law.
In addition, one of the principles of Kenya’s National Land Policy (Sessional Paper No. 3 of 2009) is security of tenure. The implementation of the policy is therefore critical in addressing the problem of informal settlements and forced evictions. Under the policy, the Government shall, among others, put in place a proper legal framework for evictions based on internationally acceptable guidelines. On the other hand, the Constitution of Kenya, 2010 is the supreme law of the land. Chapter Four on the Bill of Rights and several other provisions have a direct bearing on the right to housing in general and evictions in particular. For instance, Article 21 imposes an obligation on the Government to pass laws, adopt policies and take other measures, including the setting of standards to achieve the rights under Article 43. One of the rights under Article 43 is the right to accessible and adequate housing and a reasonable standard of sanitation.
Despite the existence of the above laws and regulations, for decades, large-scale forced evictions especially in informal settlements have been carried out, contravening international human rights standards. The existing gap is mainly on implementation of the policies.
Conclusion and Recommendations
Over the years, successive regimes have blatantly ignored the law and violated human dignity during demolition of illegal structures. Evictions and demolitions have been done as political issues rather than as legal issues provided under the law. To preserve human dignity amidst demolitions of illegal structures, concerted efforts are necessary that include the following recommendations:
The Ministry of Housing and Urban development needs to ensure that the procedures outlined in the Evictions and Resettlement Procedures Bill, 2012 are fully implemented prior to evictions. Mental health professionals need to be present during and after demolitions to provide psychosocial support services to affected individuals and communities by offering counseling, trauma support and community-based interventions to address emotional and mental health impacts.
The Ministry of Lands may introduce new permits being ‘eviction permit’ and ‘demolition permit’ as each case may require to be procured from the relevant County Government by the person who wishes to carry out the said eviction or demolition. Such a permit should only be issued once the authority in question is satisfied that all the processes needed have been followed to the satisfaction of the law. The said permit must be used before the commencement of demolitions or evictions.
The Ministry of Lands, through the Cabinet Secretary for Lands, may prescribe time limits during which demolitions are legally permitted to commence. Nighttime demolitions should be prohibited and punishable under the law. The regulations may prescribe punishment for people who contravene such time limits. As a principle of public safety, the structures to be demolished may be cordoned off from the public by the police at least 48 hours prior to the demolitions. Before squatters are evicted from public land, the National Land Commission may consider presenting an alternative settlement for the said squatters before securing an eviction permit pursuant to section 134(2) of the Land Act, 2012. This may also be made prominent in the said regulations.
[1] Collins Omulo, ‘5,000 residents left homeless after Njiru demolitions’ https://nairobinews.nation.co.ke/editorspicks/5000-residents-left-homeless-after-njiru-demolitions.
Authors: Eric Ondimu Monayo and Amaya Aura Linda, KIPPRA Young Professionals
