Submission on Dfid Kenya Country Assistance Programme

27 February 2004

Saferworld submission to International Development Committee

Kenya: DFID’s Country Assistance Plan 2004-07 and progress towards the Millennium Development Goals

Saferworld welcomes the opportunity to provide comments on the Kenya Country Assistance Plan. This submission focuses on the questions:

• What are the main challenges which Kenya faces in meeting the MDGs?
• To what extent does DFID’s Country Assistance Plan identify accurately the challenges which Kenya faces, and outline appropriate strategies to help Kenya to make faster progress towardsthe MDGs?

Overview

Saferworld believes that issues of safety, security and access to justice in Kenya present a key challenge to meeting the MDGs. These issues are highlighted as critical in the Government of Kenya’s Economic Recovery Strategy for Wealth and Employment Creation (ERSWEC), yet they are not sufficiently addressed in the draft DFID Country Assistance Plan (CAP). Identifying appropriate strategies to increase safety, security and access to justice will help Kenya to make faster progress towards the MDGs.

Saferworld welcomes the recognition in the CAP that security issues are important to economic recovery. The CAP highlights how “a general lack of security reduces livelihood options and access to essential services, and deters tourists, and foreign and local investors alike – the latter cite this as a major deterrent to them investing” (CAP, B9). In addressing this lack of security in Kenya the CAP points to the importance of reforming and strengthening the security sector. Saferworld agrees with this assessment.

Saferworld therefore welcomes DfID’s commitments to “support the Government’s programme in the governance, justice, law and order sector” (CAP, E5) and to “develop and implement a comprehensive UK strategy to address insecurity, including support to effective conflict prevention measures” (CAP, E10).

However, to meet DfID’s objectives of “improving poor people’s access to high quality services, and… promoting sustainable economic growth that benefits poor people” (CAP, A5) in Kenya, Saferworld recommends a greater emphasis be placed on supporting issues of safety, security and access to justice, and that this feature as a separate objective in the CAP.

Safety, Security and Access to Justice

Insecurity was identified by many Kenyan communities in the country’s Poverty Strategy Reduction Paper as being the principal source of their poverty. Kenya’s Economic Recovery Strategy for Wealth and Employment Creation (ERSWEC), covering the period 2003-2007, sets out the Government of Kenya’s strategy for development. The paper explicitly states that addressing issues of safety, security and the rule of law is the foundation on which economic recovery must be based. “In an effort to revive the economy and meet the expectations of Kenyans for better living conditions, the starting point is better governance, improved security in the country and restoration of the rule of law.”(ERSWEC 2003- 2007, page 8) In particular it highlights: “The contribution of the efficient enforcement of law, the maintenance of public safety, and the guaranteeing of law and order to economic growth, and the improvement of quality of life cannot be over-emphasised.” (ERSWEC 2003-2007, page 9).

The emphasis placed on issues of safety and security by the Government of Kenya is not similarly reflected in the CAP. The importance of these issues as foundations for successful poverty eradication is recognised in DfID’s Safety, Security and Access to Justice paper and in DfID’s policy documents in recent years. Living in poverty can mean far more than living without shelter or sustenance. It often also means living in fear without adequate means of protection or redress. Access to justice, safety and the right to live without fear is important for poor people living in both the deprived urban and rural communities in Kenya. If high levels of crime can be reduced, social and economic development will improve, thus benefiting the Kenyan economy and the quality of life for a very large section of the population. Saferworld believes that the CAP should include a greater focus of support in three inter-connected areas: police reform (Community based Policing); small arms control; and conflict prevention.

Police Reform

The CAP states that DfID will “consider in-depth engagement on police reform if the Government asks us to become involved and confirms its commitment to implementing the difficult decisions that will be necessary for lasting improvements to occur” (CAP, E5). Saferworld believes that there is currently considerable commitment to police reform from the Office of the President, relevant Ministers and the Commissioner of Police, as evidenced by Kenya’s Community based Policing Programme (CBPP). Keynote speeches by Ministers and the senior executive of the respective Police organisations stress the importance of improving policing and a collective commitment to a community based policing style. The advent of the new Kenyan Government presents significant opportunities for progress. The National Rainbow Coalition (NARC) manifesto states that “Our aim is to build an effective community policing service…Retrain our police force into a modern police service and make it truly ‘Utumishi kwa wote’ (service to all).” The appointment of a woman senior deputy commissioner to head a ‘new’ Police reform programme is indicative of the overwhelming support and desire to improve safety and security.

At the heart of the police reform programme is the adoption by the Office of the President of the Community based Policing Programme (CBPP). The democratic government of Kenya is committed to reforming the police and seeking a democratic style of policing – that is, Community based Policing. Establishing a competent professional police service that commands the confidence of the entire population is a key challenge for the government and is a key issue in the Legal Sector Reform Programme and the Kenya ERSWEC.

The CBBP aims to prevent further conflict among certain communities, reduce the proliferation of small arms and to initiate a more inclusive and proactive approach to policing, equity and justice. The CBPP has involved considerable stakeholder consultation and participation and offers an obvious and well-developed point of entry into sector-wide reform. The CAP has the opportunity to access, and in turn, build on the established, sound foundations of the CBPP.

The role of the police as a catalyst in a multi-sectoral approach to poverty reduction is now well proven across the world. Effective policing arrangements delivered by the adoption of Community based Policing is critical to achieving a safe and secure Kenya and wider region. Maintaining the peace, protecting the community – particularly the poor and disadvantaged – preventing and reducing crime are all important to establishing stable communities and reducing the fear of crime. If the CAP does not prioritise security, safety and access to justice then it will have an adverse impact on its ability to deliver its other strategic intentions. CBPP offers an ideal vehicle through which to prioritise these issues.

The CAP states that donors have promised to harness their support for the Economic Recovery Strategy Paper and improve donor harmonisation. The Canadian Department of Foreign Affairs and International Trade and the European Commission have already committed to supporting the Kenyan CBPP and UNDP is working on broader issues of safety and security. DfID is regarded internationally as one of the leading donor agencies on safety, security and access to justice issues and its support in this area would greatly contribute towards the aim of greater donor harmonisation.

CBPP entails ongoing community engagement and consultation, which is in line with promoting a democratic style of policing. Civil society therefore becomes an active partner in public safety and security. The CAP mentions civil society only with regards to service delivery, but it needs to be recognised that they are also partners in developing, implementing, monitoring and evaluating policies and programmes, as is envisaged by the Cotonou Agreement.

Small arms

One of the factors fuelling the insecurity noted in the CAP is the widespread proliferation of small arms. These small arms are used both in rural and urban settings in armed crime, and in pastoralist areas, where they are the main tool exacerbating and escalating armed cattle rustling. In pastoral areas the level of insecurity is one of the primary inhibiting factors that constrains development in poor communities and undermines other efforts at poverty eradication. Similarly, and as the CAP recognises, chronic insecurity seriously impedes the provision of pro-poor services in the vast slum areas in which the most disadvantaged and poor urban Kenyans reside. Much of this insecurity is fuelled and exacerbated by the easy availability of small arms which can turn domestic or property disputes into violent incidents and make crime much more violent. An increase in violence in turn seriously undermines prospects for social and economic development. This is the reality of the proliferation of small arms in Kenya.

The Government of Kenya has recognised the importance of tackling small arms related instability and has been active on the national and regional level in advancing effective responses. The Office of the President has mandated a national assessment of the small arms problem, which was recently completed, and a National Action Plan on Arms Management and Disarmament is currently being developed. These efforts are being co-ordinated through Kenya’s National Focal Point on small arms – an inter-departmental committee which includes civil society representatives. The National Action Plan will cover a wide range of security and safety issues, including law enforcement capacity building, developing socio-economic alternatives to illegal firearm use and promoting public awareness of the dangers of firearms and the need for peaceful conflict resolution. As such, it links closely with ongoing efforts to reform and professionalise the police (Community based Policing Programme) and to prevent violent conflict.

DfID London has already committed to supporting the first six months of implementation of Kenya’s National Action Plan on Arms Management and Disarmament. Saferworld believes that the CAP should explicitly recognise the serious destabilising impact of small arms proliferation in Kenya, its role in fuelling crime and insecurity and how consequently it is a key factor in undermining poverty reduction. Support to small arms control and reduction projects and the longer-term implementation of the forthcoming National Action Plan should feature prominently among the objectives of a broadened safety and security agenda within the CAP.

Conflict prevention and conflict sensitivity

DfID policy documents on conflict in Africa persistently recognise the importance of identifying and analysing the risks and root causes of violent conflict. Although Kenya is not currently at risk of high levels of violent conflict, structural conditions such as social inequalities and weak public institutions can aggravate social tensions and lead to armed conflict. In addition, certain sectors seem to be particularly vulnerable. The reliance of the majority of poor people on agriculture for their livelihood, coupled with regular droughts and floods, creates a potentially explosive situation. Programmes dealing with agriculture and natural resource exploitation should therefore pay particular attention to analysing the risks of violent conflict resulting from decreasing resources and natural disasters. This is of paramount importance in pastoral areas, where resource competition and the presence of small arms have already led to numerous localised conflicts.

In the Kenyan context, it is therefore vital that the existing risks of violent conflict are recognised and programmes tailored to mitigate, rather than aggravate, these tensions. The CAP could include conflict analysis and conflict-sensitive programming in its priority on safety, security and access to justice, building on DFID’s Strategic Conflict Assessment Framework. If this awareness feeds into all the envisaged engagements (including the provision of budgetary support and through collaboration with other donors and the Kenyan government), the CAP would be able to contribute to structural stability in Kenya. Such an approach is also consistent with the undertakings of the Cotonou Agreement on conflict prevention and ensuring civil society engagement in development planning. In addition, the CAP could explicitly support the work of the Conflict Prevention, Management and Resolution unit within the Office of the President, which has already undertaken much work in sensitising government officials (down to the level of district commissioners) to the links between development and conflict.

Summary

• If the CAP does not prioritise security, safety and access to justice then it will have an adverse impact on its ability to deliver the MDGs.
• Safety, security and access to justice are recognised priorities of the democratic Government of Kenya as evidenced by the prominence of these issues in the Economic Recovery Strategy for Wealth and Employment Creation. Effectively addressing these issues is the necessary foundation for poverty reduction. The CAP should have a much greater focus on safety, security and access to justice identifying it as a separate objective.
• A reformed, effective, 'safety,security and access to justice programme' is deemed to be critical to the enduring social, political and economic transformation of developing democracies. Public participation and acceptance of a police service is the crucial element in determining/enabling the successful progression of donor country assistance plans
• Police reform, through the established Community based Policing Programme, has broad, high-level government support and represents an ideal opportunity to promote sector wide reform.
• Small arms are a major contributory factor to the high levels of insecurity in Kenya. The Government has already taken concerted action with the development of a National Action Plan on small arms. The CAP should highlight the importance of small arms control and support further initiatives.
• Police reform (Community based Policing), small arms control and conflict prevention initiatives are already linked and offer a vehicle through which to promote further linkages across the safety, security and justice sector.
• To ensure that the risks to poverty eradication highlighted in the CAP - of crime and insecurity going unaddressed and terrorist activity having a lasting impact – are minimised, the CAP should place much greater emphasis on safety and security issues.
• Although not a country in conflict, an awareness of the structural and underlying risks of violent conflict in Kenya is necessary in order to ensure that programmes and policies do not aggravate these and thereby contribute to conflict. The CAP should therefore include a commitment to carry out conflict analysis as a basis for undertaking conflict-sensitive programmes in Kenya.

Saferworld is an independent non-governmental organisation that works with governments and civil society internationally to research, promote and implement new strategies to increase human security and prevent armed violence.

For further information, please contact:

• Andy McLean – Deputy Director
• Alice Hutchinson – Parliamentary and Media Officer

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