How we are using UN Human Rights Mechanisms for advocacy: Our experience with the Committee on Economic, Social and Cultural Rights

Kenya is a State Party to the International Covenant on Economic, Social and Cultural Rights (ICESCR) hence required to periodically report to the CESCR Committee, which is composed of 18 independent experts. The CESCR Committee considered and adopted a List of Issues in relation to Kenya  during its 72nd Pre-sessional Working Group (06 - 10 March 2023).

During this time the Network has engaged in the process by submitting an alternative report that sought to put a focus on the situation of women and girls with disabilities with regards to economic and socio-cultural rights & further reinforced these issues in the oral advocacy meetings. This played a key part to influence the Committee’s List of issues in relation to the sixth periodic report of Kenya with 25 references of persons with disabilities across the different articles including: Equality and non-discrimination, right to work, right to social security, right to adequate standard of living, right to physical and mental health, right to education and cultural rights . This reflects the Networks’ efforts in presenting the issues in the alternative report and the oral advocacy meetings.

The State party is requested to submit in writing the information requested by the CESCR committee by 29 March 2024. We hope that these questions will provide an opportunity to comprehensively report on economic, social and cultural rights of persons with disabilities including women with disabilities.

Our work as a Network in this process has mainly been supported in two strands. Firstly, as a Network, and through CREA, we are a part of the Women Gaining Ground Consortium that contributes to equip the most marginalized women and girls with necessary tools and skills to become architects of a society free from violence. Among others, we influence to ensure that UN mechanisms integrate the needs and perspectives of women and girls, including those with disabilities to hold national governments accountable.

Secondly, throughout the process we were supported by the International Disability Alliance  who offered technical support including a preparatory workshop prior to drafting of the report, and reviewing our draft report and linking us with different opportunities to engage with the CESCR committee members. IDA also supported a physical meeting in Kenya in December 2022 where the Network members worked with the United Disabled Persons of Kenya to validate the draft alternative report before submission. 

The List of Issues at a Glance (our emphasis)

When it comes to the representation of women at the decision-making level for example, the Committee calls upon the State to provide further information on the measures taken to ensure compliance with the two-thirds gender representation policy for elected or appointed offices, including additional statistical information on gender representation in selected high-level positions in Public Sector and the Judiciary disaggregated by age, sex, ethnicity, disability, county, and rural/urban region, over the last five years.

The Network is excited to be a part of this process, and to be among many actors especially recommending that data be disaggregated by among other characteristics, disability, and importantly, show the situation of women and girls with disabilities in exercising and enjoying their economic and social cultural rights.

We look forward to engaging in the next steps of the reporting which includes an alternative report responding to the list of issues and engage during the State review to ensure substantive concluding issues on socio, economic rights of women with disabilities are issued. Stay tuned for more updates on these steps.

Additional notes

The Committee on Economic, Social and Cultural Rights (CESCR) is the body of independent experts that monitors implementation of the International Covenant on Economic, Social and Cultural Rights by its States parties. The Committee was established under ECOSOC Resolution 1985/17 of 28 May 1985 to carry out the monitoring functions assigned to the United Nations Economic and Social Council (ECOSOC) in Part IV of the Covenant. All States parties are obliged to submit regular reports to the Committee on how the rights are being implemented. States must report initially within two years of accepting the Covenant and thereafter every five years. The Committee examines each report and addresses its concerns and recommendations to the State party in the form of concluding observations.

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