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Thursday 15 March 2012
Sunday 4 March 2012
Public Engagement with Security Sector Reforms in Kenya: Review of the national Intelligence Service Bill 2011
A Public Forum on National Intelligence Service Bill
March, 2012
Introduction
The publication of the National Intelligence Bill in the last Quarter of 2011 has brought to the fore the often contentious debate on the nexus between National Security and Human Rights. The debate has often been carried out on two extremes-one end being that contending that Human rights supersede any provisions on National Security while the other taking the view that National security may and can at times override the enjoyment of human rights. This need not be the case. What has been lost in the process is the view that national Security and human rights can be, are and have to be mutually complementing. The search for national security is and should essentially be about the protection of vital assets and safety of persons and livelihood systems. The framers of the Kenya Constitution 2010 recognized that by providing thus that...
Article. 238. (1) National Security is the protection against internal and external threats to Kenya’s territorial integrity and sovereignty, its people, their rights, freedoms, property, peace, stability and prosperity, and other national interests.
In working to operationalize this and other provisions on National Security, a Bill to establish the National Intelligence Service has been released for public debate and input with the view of finalizing its preparation and subsequent enactment by Parliament. It is anticipated that the Bill will be tabled in Parliament in March 2012 in essence to implement the provisions of Article 242 of the Kenya Constitution.
In view of the significant role assigned by the Constitution to the National Security Agencies, the anticipated reforms in the Security sector and in order to foster robust public participation in the enactment of these crucial Laws, the East African School of Human Rights is proposing to host a public forum to interrogate the provisions and proposals in the Bill ahead of its tabling in parliament in order to ascertain among others the following:
1.whether the Bill conforms to the provisions of the Kenya Constitution in respect to the establishment of NIS;
2. whether the Bill conforms to the spirit of the New Constitution and especially in respect to the anticipated reforms in the security sector
3. how the Bill balances the protection of human rights and national security;
4. and if the Bill borrows from international best practices on the democratic control of security agencies ( establishment, operations and oversight mechanisms)
Plan
The School plans to convene the one day public forum bringing together various interests among others civil societies, academicians, security sector experts and commentators, representatives of the various agencies involved in Constitution Implementation process KLRC, CIC, AG’s office and Government Security Agencies and others to reflect on the proposed legislation regarding National Security Intelligence Service with the view of inputting to the Bill before its presentation, debate and enactment by Parliament. The Forum will also present a platform to receive public views, proposals and participate on the creation and/ or reform of the National Intelligence Service to respond to Kenya’s security needs for the 21st Century.
The Forum will be implemented in four panels an opening key note address and four panel discussion around a series of topics as outlined below. It is planned that this format will enable as many persons to engage with the issues and will not require panelists to prepare length papers for reading at the forum.
Goal and Objectives
The Goal of this Forum is to avail an opportunity for across-section of the Kenyan Society, professionals, civil societies, security sector experts and government agencies to participate in the formulation of enabling legislation to implement and operationalise relevant section s of the Constitution and especially Article 238.it will also help to support the Constitution Implementation process by providing a site for interaction with this crucial Bill.
The main objective of the Forum is to gather public input and reactions to the proposed Bill with the view of strengthening its provisions and especially in the areas set out below.
The School has identified the following areas as some of the critical topics for deliberations;
National Security- Nature and challenges to Kenya's Security in the 21st Century
National Intelligence Service Bill and the New Constitution
National Intelligence Service Bill and the Bill of Rights in the Constitution
National Intelligence Service- Review of Functions
National Intelligence Service Proposed Oversight Mechanisms
National Intelligence Service Bill and Institutional Operations
National Intelligence Bill- Appointment of key Officers
Panel Speakers will be assigned the above and other topics and will be required to prepare a short but comprehensive reflection on the topic which they will present for ten to fifteen minutes followed discussant comments then by an open plenary responses and input. Since the idea is to get the reactions from the invited participants, the School will circulate a copy of the Bill with the invitations so that we are able to engage in informed deliberations. It is also intended to support public ownership, confidence and input into institutions created by the Constitution.
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