The relevance of human rights in framing foreign aid relations: The case of UK and Kenya

Abstract

Human rights considerations to foreign aid relations have become an important instrument for state diplomacy. Kenya is a signatory to most human rights treaties and conventions and should therefore as a duty bearer be observing and enforcing all human rights provision. United Kingdom (UK) as one of donors to Kenya is a signatory to such human rights frameworks and is under obligation to join forces with Kenya in observing human rights. However, this is not the situation on the ground, in practice, human rights violations still persist and there has been limited implementation of human rights-based approach to aid relations. This study sought to assess the relevance of human rights in the framing of aid relations between U.K and Kenya since 2013 general elections to date. The study objectives were to analyse existing human rights frameworks that guide aid relations between Kenya and UK, to assess the implementation trend of human rights frameworks and aid relations between Kenya and UK between 2013 to date, to evaluate the challenges that affect human rights frameworks and aid relations between Kenya and UK since 2013 to date and to suggest on improvements that can be made to strengthen human rights frameworks and aid relations between Kenya and UK. The theoretical framework of the study is based on two theories i.e., interest theory of human rights and idealism theory of liberalism theories. The two theories complemented each other. Descriptive research design was used to collect qualitative data for the study. The study used purposive sampling to review human rights and aid relations situation between Kenya and UK. Content analysis was used to analyse data collected and findings of the study were be presented in narrative form. The study findings report that, human rights frameworks guiding bilateral aid relations between Kenya and UK were treated as external policies and not a priority for both countries and policies do not affect aid allocation even when human rights are violated. Implementation trend of human rights frameworks and aid relations between Kenya and UK started with early sanctions with economic conditionality which evolved to political conditionality. However, UK specifically applies expressive political conditionality that is meant for local audience hence no instrumental political reforms. Inconsistencies were seen in the pattern of policy application by both countries too. Some of the challenges that affect human rights frameworks and aid relations between Kenya and UK since 2013 emerged that success depends on the ability to put the principle as core to other frameworks such as SDGs. Suggested improvements to strengthen human rights frameworks and aid relations between Kenya and UK were use of African-led implementation approach where policies are not top down from donor to recipient only. These outcomes of the study can be cautiously applied to improve aid relations between and among other countries in the light of human rights recommendations.