- Update info:
- 25 Sep 2015 (Suspended)
- Latest info:
- 17 Jul 2015
- Country:
- REPUBLIC OF KENYA
- Subject:
- Deep Sea residents
Gender : both
- Period:
- 25 Oct 2015
- Distribution date:
- 17 Jul 2015
- UA No:
- 153/2015
Thousands of residents of the Deep Sea informal settlement in Nairobi are facing imminent forced eviction as a notice served by Kenya Urban Roads Authority (KURA) expires on 8 July.
Approximately 3000 residents of Deep Sea informal settlement are facing imminent forced eviction due to the ‘Missing Link’ road project constructed by the Kenya Urban Roads Authority (KURA). The road project is funded by the European Union and the Government of Kenya. The residents are neither opposed to the construction of the road nor have they refused to leave, but they would like KURA to respect their right to adequate housing and ensure that the eviction process is compliant with international human rights standards. KURA has failed to engage the residents in genuine consultation on alternative housing and has instead opted to offer the affected people an inadequate ‘disturbance allowance’.
Not only will the eviction negatively impact the livelihoods of residents who run businesses along the earmarked road reserve and work in the surrounding neighbourhoods, it will also disrupt the education of 300 children who live in the settlement. Five out of the eight sanitation blocks that serve the community will also be affected.
Deep Sea residents had sought an injunction against the eviction but the Land and Environment Unit of the High Court did not grant the injunction. On 7 July, Amnesty International met with KURA to reiterate concerns about the lack of due process and KURA promised to meet with representatives of Deep Sea. On 8 July, during the meeting with Deep Sea settlement representatives and KURA, it is alleged that KURA demanded that the residents withdraw their case in court prior to any negotiations. KURA also warned that the notice period would end on 8 July and that they intended to proceed with the eviction.
Amnesty International reiterates that if the eviction is carried out without addressing concerns on due process raised by the organization and Deep Sea representatives, it will constitute a forced eviction which is a violation of human rights including the rights to housing, water, sanitation, education and health.
more
ADDITIONAL INFORMATION
Deep Sea is an informal settlement in Nairobi with close to 12,000 residents. It is one of the safer informal settlements in Nairobi, and it provides a springboard for people to slowly improve their economic well-being and raise their families.
This community has been under the threat of forced eviction since 2009, when they first heard that the Kenya Urban Roads Authority (KURA) with the funding of the European Union (EU) and the Government of Kenya would be undertaking the ‘Missing Link’ road construction project. The road would pass through the trading centre and main road at Deep Sea affecting a quarter of the population in the area.
KURA held a meeting with Deep Sea residents on 27 June to inform them that they had until 8 July to move from the settlement.
Deep Sea residents have been excluded from the development of a resettlement plan and discussions regarding compensation. The ‘disturbance allowance’ that KURA is offering is not based on an assessment of the impact of the eviction including on some marginalized sectors of the community. The compensation offered is inadequate to allow affected members to recoup their losses, and find alternative housing that is secure with access to essential services like water and sanitation. Deep Sea residents have little information on how or when residents’ complaints will be addressed or what remedies will be provided. Although KURA has had some engagement with Deep Sea residents, as a government agency, it has so far fallen short of the due process it is required to follow under Kenya’s international human rights obligations.
Kenya is obliged under a range of human rights treaties, including the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights, to refrain from and prevent forced evictions. The UN Committee on Economic, Social and Cultural Rights has emphasized that evictions may be carried out only as a last resort, once all feasible alternatives have been explored and only after appropriate procedural and legal safeguards are in place. These include genuine consultation with the people affected, adequate and reasonable notice, adequate alternative housing and compensation for all losses, safeguards on how evictions are carried out, and access to legal remedies and procedures, including access to legal aid where necessary. Governments are required to ensure that no one is rendered homeless or vulnerable to other human rights violations as a consequence of an eviction.
Under international law, the EU is also obligated to ensure that its funding is not used to violate human rights. Under the Treaty on the EU, the European Commission’s action on the international scene shall be guided by, among other things, respect for international law and human rights. The Treaty on the Functioning of the EU in the context of development cooperation states that the EU and member states shall comply with the commitments they have approved in the context of the UN and other competent international organizations. The EU has so far failed to ensure adequate human rights protections in this project. It must engage with the Kenyan government to ensure that the project does not lead to further human rights violations.
UA: 153/15 Index: AFR 32/2054/2015 Issue Date: 8 July 2015
- Update info:
- 25 Sep 2015 (Suspended)
- Latest info:
- 17 Jul 2015
- Country:
- REPUBLIC OF KENYA
- Subject:
- residents from the Deep Sea informal settlement
- Period:
- 25 Oct 2015
- Distribution date:
- 25 Sep 2015
- UA No:
- 153/2015
The planned forced eviction of thousands of residents from the Deep Sea informal settlement in Nairobi has been halted temporarily. The European Union (EU) has agreed to dialogue with Kenya Urban Roads Authority (KURA) to ensure that the eviction of the residents, to allow for the construction of a road project, is done in compliance with international human rights standards.
The European Union (EU) delegation in Nairobi has expressed its willingness to effectively engage with KURA to ensure that human rights concerns raised over the eviction of residents from Deep Sea informal settlement are addressed. The EU has not so far committed to reviewing of the compensation allowances and provision of alternative housing for the residents. It has, however, assured Amnesty International that there would be no forced evictions and if KURA opted to forcibly evict the residents it would back out of the partnership with the Kenyan government.
Approximately 3000 residents of Deep Sea informal settlement faced imminent forced eviction due to the ‘Missing Link’ road project by KURA after a notice period by the Authority expired on 8 July. The road project is funded by the European Union and the Government of Kenya. The residents are neither opposed to the construction of the road nor have they refused to leave, but they would like KURA to respect their right to adequate housing and ensure that the eviction process is compliant with international human rights standards. KURA has previously failed to engage the residents in genuine consultation on alternative housing and has instead opted to offer the affected people an inadequate ‘disturbance allowance’.
Therefore, even though the risk of forced eviction has not completely dissipated, you are requested to halt any action on this case till further notice. Amnesty International would like to allow for meaningful dialogue and will continue to engage all stakeholders to ensure that the Deep Sea residents’ right to adequate housing including adequate compensation and alternative housing is adhered to. We will also be monitoring the situation very closely.
No further action is requested of the UA network. Many thanks to those who sent appeals.
