The
rising tide of the terror deluge
(This
is an edited text of the speech by Hassan Omar Hassan, a commissioner
with the Kenya National Human Rights Commission (KNHRC) at Jamia
masjid last Friday)
The Kenya National Human Rights Commission (KNHRC) in liaison with
other human rights groups have been vigilant in protecting the rights
of Muslims following the so-called campaign against terror.
There has been massive concerted efforts in this matter from the
Muslim public which has been supportive as well as the non-Muslim
public which also believe that this is an issue of concern. As much
as the majority of efforts have been taken in this war on terror
by Muslims, there are equally efforts which are coming from the
non-Muslim public.
It
is not only the rights of Muslims that have been infringed upon
but we have also seen that some of the suspects are non-Muslim Kenyans,
Christians, Kikuyus and Kibaki’s supporters. This war is catching
up on Kenyans and it is high time everyone remained vigilant.
In this situation, we have seen a unique situation which to some
extent has pitted us with our own Muslim brothers. The arresting
officer is a Muslim, so is the questioning officer and the Police
commissioner. The human rights activist fighting against this injustice
is also a Muslim. It is an irony of its own nature.
This
war on terror is defined or codified as a war against Islam. It
is sometimes a pity to see a Muslim brother (Maj-Gen Hussein Muhammad
Ali) by virtue of his position as a police commissioner trying to
deny certain facts. It is such people who have ears but they cannot
hear and eyes which cannot see. As a Muslim brother you try to undermine,
or pre-empt activities which go against the Islamic movement globally.
By denying facts and figures, you are not only doing a disservice
to the community here but also the entire Ummah of Muhammad around
the world. We know and it is not in contention that the so-called
war on terror is a war against Islam. It does not need an expert
to tell you that.
We
as commissioners at KNHCR we have a simple mandate to be vigilant
against the violations of human rights. One of our mandates is to
investigate the complaints made by persons regarding the violation
of their rights. We also have the responsibility of visiting places
of detention and related facilities with a view of inspecting the
conditions which the inmates are being held and make necessary recommendations.
In this case, the police have for a long time refused to give us
access to those being held. Though they have been some police officers
who have been humanitarian enough to grant us access to some of
those who were being held. One of them has been suspended for showing
some level of sympathy in particular to the four year-old young
girl Hafswa Swaleh Nabhan.
As
Muslims, what is our role in this matter?
I
would like to see our leaders use this opportunity to cement Muslim
unity. This crisis presents more than ever, an opportunity for Muslim
to be united and to take collective measures in our affairs.
Our
brothers and sisters are being humiliated while we are doing little
to free them from their ordeals. Kenyans, British nationals, Americans,
Somalis, and Arabs who had gone to Somalia for business and other
matters are being hounded and called terrorists simply because they
are Muslims.
One
of the most saddening case involved investors from Oman and the
United Arab Emirates who were on a visit to the country. They were
arrested together with their host, a Christian Kikuyu woman in Malindi.
They were accused of belonging to Al-Qaeda and were here planning
criminal activities.
The
arresting officer, a Muslim, asked them for a bribe of $5,000 to
secure their release. We have that documented. They refused to present
the $5,000 arguing that there documents were in order and they were
in the country legally. They were arrested, taken to Mombasa and
then to Nairobi to the anti-terrorist police headquarters before
being taken to Kileleshwa police station.
It
was later established that the Omanis were from the royal family
and one of them was a relative of a minister in Oman. To avert a
diplomatic crisis, they were deported back to Oman.
The
lady accompanying Omanis, Tuwein Kamilya a citizen of the UAE but
born in Zanzibar, was treated most foul. She was transported all
the way to Namanga border to be deported to Tanzania. The Tanzanians
refused to take liability as she was a citizen of another country.
As a commission, we wrote to the minister of internal security (John
Michuki) telling him that she was in the country legally and innocent
and we could establish that fact. The minister did not reply instead
the minister of immigration Gideon Konchellah issued a deportation
order for Kamilya to Somalia. He said she was a dangerous person
and should be held until such a time that she is deported to Somalia.
I wrote to the Minster telling him that it was a false allegation
and she should not be deported until further investigations were
made. Kamilya’s lawyers went to court to file a habeas corpus
to have her produced in court or to be released. She was instead
deported to Somalia.
A list of deportees released by the government show that name Tuwein
Kamilya featuring on the top of the list of the African Express
Airways destined for Mogadishu on 27 January 2007. It also included
other Muslims Halima Badrudin and her three children, Fatma Chande,
Salim Awadh, Khalfan Musa Mwarusi and other Kenyans. And yet, the
British and American governments who have their nationals also arrested
want their people deported back to their country. Kenya is deporting
its own citizens to Somalia! This is a failed state of affairs.
Today
the family is worried about her conditions. There are unconfirmed
reports that some of those deported and Somalis arrested by the
Transitional Federal Government have actually been executed in Mogadishu.
The anti-terrorism police unit, is an illegal unit which has continuously
trampled on the rights of Muslims. If the Americans are asking for
an audit about the war in Iraq, we must also ask for an audit of
the terrorism unit. These people are corrupt and violating the rights
of Muslims. There are making tonnes of money, they have enriched
themselves and driving big cars because of this war on terror. It
is necessary to investigate the element of corruption in this war
on terror.
Today
no Arab, Somali, Pakistan or Muslim is safe in this country. America
is giving alerts to its citizens not to come to this county, Arab
nations should also give alerts to its citizens as this country
might lead their citizens to have their rights infringed upon. What
is the difference between a terrorist who wants to bomb a building
and a country which violates with impunity the rights of another?
There is no respect to woman and children. Can (Muhammad Fazul)
and (Ali Saleh ) Nabhan be comparable to Saddam Hussein. Today,
Saddam’s wife, his children and relatives are free but here
we have our police commissioner desecrating the honour of Muslim
women and children.
Today
if Maj-Gen Hussein Muhammad Ali makes a mistake, we will protect
his family, his wife and children. We will not castigate them. What
crime did Hafswa commit? You deny her being a young little nice
human being and you claim you are acting on instructions from above.
Can’t you put your foot down, is your job so important than
Ummat Muhammad?
Fatma,
Hafswa’s mother told me that a police officer called Mwaniki
beat her up while in detention. How does anybody does disrespect
the Muslim Ummah and its women. How does anybody beat up a woman?
How does someone assault and torture our community while we are
sitting doing nothing. It is time we act. We should explore all
ways to see that we protect the community from these acts of injustice.
Shabab, the youth, the ummah is nothing without us. Unfortunately
you have become too capitalistic. You are not playing your role
in addressing these issues effectively. Trust yourself and do something.
If
we cannot guard our ummah against this assault, there will be a
time when all of us will be at some sort of loss. Rememebr the Swahili
saying majuto ni mjukuu. Act now.
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