AAAS Scientific Responsibility, Human Rights and Law Program

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AAAS Human Rights Action Network

FACTS OF THE CASE:

There is serious concern about the possible arrest of ecologist Wangari Maathai. On 8 January 1999, Wangari Maathai and approximately twenty of her supporters were brutally attacked by an estimated 200 private security guards when they tried to plant trees in an area of the Karura public forest in Nairobi that was destroyed by real estate developers. Maathai is the coordinator of the Green Belt Movement, winner of the United Nations Environmental Protection Agency's (UNEP) Global 500 Award, and a candidate for Kenya's presidential race last year. During the attack she received a head injury, for which she was admitted to the hospital for several days. Others injured in the attack include three opposition legislators, two German environmentalists, and a number of local and foreign journalists.

The police were to have accompanied the protestors to the forest for protection. However, there are concerns that the police instead informed the attackers, private security guards hired by real estate developers, of the pending protest. The police were seen talking to the security guards, who were armed with machetes, clubs, whips, and bows and arrows, just moments before the incident. However, they made no effort to intervene, and did not respond when the group reached the police station to report the incident and identify the attackers.

Two opposition legislators who support Maathai's movement were picked up by police on their way to meet Maathai to attend a UNEP meeting. Although the two were released on bond just hours after their arrest, they were charged with "incitement" and ordered to appear before the same magistrate on 16 February 1999.

Although an arrest warrant has reportedly been issued for Maathai, the police, who were previously camped outside her home, are no longer there. However, President Moi has publicly denounced Maathai, accusing her of being mentally unstable and motivated by tribal interests. In a public address, the President issued a threat, warning those who are planning to demonstrate to protest the forest allocations that they do so at their own peril, adding that their incitement could lead to Rwanda- and Burundi-style massacres. In addition, the owners of the allocated plots have written a letter to Church organizers who are planning to join the protest, stating that they will defend their plots against trespassers "with all that it takes."

The forest is reportedly public property appropriated by key private and commercial supporters of the government at little or no cost. Senior government officials reportedly benefit from the land allocations. The arrest and violent attack against peaceful demonstrators with the apparent consent of the police constitute serious violations of international human rights standards, including those listed in the United Nations Covenant on Civil and Political Rights, to which Kenya is a State Party. They include:

Under the United Nations Covenant on Civil and Political Rights (ratified by Kenya on 1 May 1972):

• Everyone has the right to life, liberty, and security of person (Article 3);
• no one shall be subjected to arbitrary arrest, detention or exile (Article 9); and
• everyone has the right to freedom of peaceful assembly and association (Articles 21 & 22).

(Sources of information for this alert include the Green Belt Movement and Amnesty International.)

RECOMMENDED ACTION:

Please send e-mail or fax messages:

• Calling for the Kenyan government to drop the charges against the individuals arrested in connection with the peaceful demonstration conducted by the Green Belt Movement;
• requesting that police officials cease their intimidation of Wangari Maathai;
• urging government officials to allow peaceful protests to take place without interference; and
• urging Kenyan officials to undertake a thorough investigation into the violent attack on 8 January and bring those responsible to justice.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

His Excellency President Daniel Arap Moi
Fax: 011 254 2 211 660
Salutation: Your Excellency

Major Marsden Madoka
Minister of State (responsible for internal security)
Office of the President
PO Box 30510
Nairobi, Kenya
Fax: 011 254 2 337340
Salutation: Dear Major

Commissioner of Police Duncan Wachira
Commissioner of Police
PO Box 30083
Nairobi, Kenya
Fax: 011 254 2 333 641
Salutation: Dear Commissioner

COPIES SENT TO:

Ambassador Samson Kipkoech Chemai
Embassy of the Republic of Kenya
2249 R Street, NW
Washington, DC 20008


Daily Nation
PO Box 49010
Nariobi, Kenya
Fax: 011 254 2 21 39 46


Sunday Newspaper
Fax: 011 254 2 21 40 48


People Daily
Fax: 011 254 2 22 33 44


International Press
Fax: 011 254 2 21 07 54


KTN (Broadcasting Line)
Fax: 011 254 2 21 44 67


Law Society of Kenya
Fax: 011 254 2 22 39 97


Green Belt Movement
Fax: 011 254 2 504 264

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