Slum dwellers tipped on social, economic and environmental rights

BY AYUB SULEIMAN

Youth and women living in urban slums have been called upon to make use of affirmative action provisions of the constitution to improve their socio-economic status.  

A June 15 stakeholder forum in Nairobi’s Kibera Lindi informal settlement area was told that the new constitution has robust provisions through which the millions of slum dwellers in Kenya can improve their livelihood. 

For example, Article 42 of the constitution is geared towards, among other things, improving the sanitation conditions in slum dwellings. Article 42 states that; every person has the right to a clean and healthy environment which includes the right to have the environment protected for the benefit and future generations through legislative and other measures.  

In case the right specified in Article 42 is violated, one can invoke provisions of Article 70 (1) which holds that; if a person alleges that a right to a clean and healthy environment recognized and protected under Article 42 has been, is being or is likely to be denied, violated, infringed or threatened, the person may apply to a court for redress in addition to any other legal remedies that are available in respect to the same matter.

Pursuant to the foregoing, a court addressing an application brought under Article 70(1) may make any order, or give any directions, it considers appropriate:-

a. To prevent, stop or discontinue any act or omission that is harmful to the environment;

b. To compel any public officer to take measures to prevent or discontinue any act or omission that is harmful to the environment; or

c. To provide compensation for any victim of a violation of the right to a clean and healthy environment.

Apart from provisions of Article 42 whose effective application can help alleviate the poor sanitation conditions in slum areas, Article 43 also has robust provisions aimed at improving the socio-economic conditions of slum dwellers.

Article 43 seeks to guarantee economic and social rights; and provides that every person has the right:-

a. To the highest attainable standard of health, which includes the right to health care services, including reproductive health care; 
b. To accessible and adequate housing, and to reasonable standards of sanitation;

c. To be free from hunger, and to have adequate food of acceptable quality;

d. To clean and safe water in adequate quantities;

e. To social security; and

f. To education.

In view of the foregoing provisions, the Kibera Lindi forum acknowledged that both national and county governments have an obligation to promote and protect the rights stipulated in Articles 42 and 43.

In this regard, the forum cited the Nairobi County Government as the first port of call for Kibera residents when seeking the fulfillment of the economic, environmental and social rights necessary to improve their livelihoods. 

Source- The New Dawn.