International Covenant on Civil and Political Rights (ICCPR)
UN General Comment No. 36 (2018) – Article 6 of the ICCPR (Right to Life)
Issued by the UN Human Rights Committee, General Comment No. 36 provides an authoritative interpretation of Article 6 of the International Covenant on Civil and Political Rights (ICCPR), focusing on the right to life.
- States must not invoke security concerns to justify the unlawful killing of protesters.
- The failure to prevent, investigate, or punish such killings may itself constitute a violation of the right to life.
🔴 Violation: Kenya may be in breach of its international obligations if it does not investigate and prosecute those who ordered or carried out shootings of protesters.
International Covenant on Civil and Political Rights (ICCPR)
Kenya ratified the ICCPR in 1972, thereby making its provisions legally binding on the state.
- Article 6(1): “Every human being has the inherent right to life... No one shall be arbitrarily deprived of his life.”
- Article 7: Freedom from torture or cruel, inhuman, or degrading treatment.
- Article 21: Right of peaceful assembly.
🚫 Violation: Arbitrary shootings, enforced disappearances, and the use of excessive force during protests violate Articles 6, 7, and 21 of the ICCPR.