[kictanet] Fwd: Kenya: ARTICLE 19 Recommends Amendments to "Hate Speech" Laws and Proposed Constitution

[Grace Bomu]

---------- Forwarded message ----------
From: ARTICLE 19 <press at article19.org>
Date: Fri, 25 Jun 2010 17:13:34 +0100
Subject: Kenya: ARTICLE 19 Recommends Amendments to "Hate Speech" Laws
and Proposed Constitution
To: nmutungu at gmail.com

For immediate release – 25 June 2010

Kenya: ARTICLE 19 Recommends Amendments to “Hate Speech” Laws and
Proposed Constitution

The legal framework regulating hate speech in Kenya falls short of
international human rights standards and raises serious concerns
regarding the protection of the right to freedom of expression. In a
Commentary released today, ARTICLE 19 recommends amendments to the
provisions on hate speech contained in existing laws and to the
proposed Constitution.

The Commentary examines the existing Constitution, and that proposed
on the 6th of May 2010, as well as the Penal Code, the Media Act of
2007, the Broadcasting Regulations of 2009 and the National Cohesion
and Integration Act of 2008. It shows that Kenya’s existing laws on
the regulation of hate speech go beyond what is required under
international human rights law and have the potential effect of
restricting legitimate forms of expression.

ARTICLE 19 notes that the proposed Constitution reflects “an
unclear and confused picture of Kenya’s international legal
obligations”. The Commentary states: “During this period of
heightened constitutional reflection in Kenya, which has itself been a
response to inter-ethnic tensions and violence, Kenya’s state organs
should seize the opportunity to repeal or amend Kenya’s legislative
and constitutional provisions regulating hate speech according to
international standards on freedom of expression.”

ARTICLE 19 recommends, among other measures, that:

•	Key provisions of the proposed Constitution (Section 33(2)) and
the National Cohesion and Integration Act be amended to reflect
international human rights standards, in particular Article 20 of the
International Covenant on Civil and Political Rights on the incitement
to discrimination, hostility and violence.

•	Section 138 of the Penal Code, dealing with “offences relating
to religion,” be repealed.

•	The Code of Conduct for Journalists and Media Enterprises
contained in the Second Schedule of the Media Act be repealed and
redrafted by media representatives as a self-regulatory and voluntary
code of conduct.

NOTES TO EDITORS:

•	The full text of the Commentary is available here:
http://www.article19.org/alists/lt.php?id=bEkHV1RUDlAeBAgESwAFCAs%3D
<mailto:http://www.article19.org/alists/lt.php?id=bEkHV1RUDlAeBAgESwAFCAs%3D>

•	The full text of ARTICLE 19’s Comment on the Prohibition of
Hate Speech Bill, 2007, which was published in November 2009, is
available here:
http://www.article19.org/alists/lt.php?id=bEkHV1RUD1QeBAgESwAFCAs%3D

•	For more information please contact: Sejal Parmar, Senior Legal
Officer sejal at article19.org <mailto:sejal at article19.org>
 +44 20 7324 2500

.


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-- 
Grace L.N. Mutung'u (Bomu)
 Kenya