HIGHLIGHTS OF RESULTS (cont.) Phyllis contacted environmental, business, economic and health authorities, again to no avail. Owino Uhuru, after all, was a marginal community, while the metal company – and its powerful owners and allies – was part of a massive economic effort to industrialize Kenya’s coast. Yet along Owino Uhuru’s dirt-packed streets, the stories continued to tumble forth. A young woman with a visibly damaged thyroid acknowledged she would probably die soon. Another young woman had miscarried three times – until she finally died in childbirth. Her infant son was born with lead poisoning. Standing in a doorway wearing his smart green school uniform, a curly-haired little boy thrust out his arm: his skin was scaly and falling off in patches. As stories of illness and loss accumulated, Phyllis’s energy turned to anger and she made her boldest move: she decided to sue.“We need medicines for our children, we need the village to be cleaned up, and we want compensation,” said Phyllis. To give her fight greater legitimacy, Phyllis founded the Centre for Justice, Governance and Environmental Action (CJEA), an environmental grassroots group that advocates for the rights of communities poisoned by toxic chemicals from Kenya’s extractive industries. Along with the residents of Owino Uhuru, she launched a class action suit against the Kenyan government. “They should never have allowed this smelter to operate right where people live,” she said. The more Phyllis investigated, the more she became a target. She was beaten. She was attacked outside her house. She was followed. Her life was threatened. She was even arrested. “I live under constant threat,” she said. “I hide and don’t even visit my family because it would put them in danger. I change vehicles, and I vary my routes to work.” UN Human Rights heard of her fight and offered to help as part of its mandate to support implementation of the UN Guiding Principles on Business and Human Rights and protect civic space. In addition to supporting the litigation case, UN Human Rights have provided a bridge with the Kenya authorities to urge protection of CJEA and members of the Owino Uhuru community when they came under threat. “The UN has made it possible for us to be heard,” Phyllis said. “Before, we had been ignored. Working with UN Human Rights led government officials to take us seriously and pay attention.” Another major turning point was a press release in early 2017 by the Special Rapporteur on human rights and the environment, which called publicly on Kenya to pro- A little boy of the Owino Uhuru community suffers the sequels of lead poisoning. © OHCHR/Axel Fassio tect Phyllis and three of her coworkers who had been assaulted, threatened and forced into hiding as a result of the court case. “Now, many voices are speaking out about Owino Uhuru. Our profile is higher, we are safer, and we are grateful,” Phyllis said. Extensive campaigning by the CJEA and support from the international community raised the battle’s political profile and prompted government officials to act by making available a series of three confidential reports. The first, in March 2015, called for health and environmental impact assessments and reportedly concluded the company had failed to comply with the law. This was confirmed by a second report. The third and final paper focused on health and apparently found high blood lead levels in the children of Owino Uhuru due to environmental exposure. The scene was set. The data was in. It was time for court, a costly undertaking made possible by support from UN Human Rights and by the KIOS Foundation. “Our goal is to challenge the state to enforce the Constitution and the private actors to respect their business and human rights responsibilities, but also to give a voice to those who are systematically not listened to,” Phyllis said. The landmark litigation is expected to create a precedent for other communities affected by the powerful extractive industries along the coast. By denying com- UN HUMAN RIGHTS REPORT 2017 31