Human rights in East Africa

"I confer on you the Pravasi Bharatiya Samman Award in acknowledgement of your outstanding achievement in the field of community affairs and in recognition of your valuable contribution in promoting the honor and prestige of India in fostering the interests of overseas Indians,” notes the citation accompanying the award presented to famed jurist Pheroze Nowrojee of Kenya by President of India Dr A. P. J. Abdul Kalam at New Delhi on January 9, 2007. Representing the third generation of Nowrojees in Nairobi, he has been described in the souvenir of the awards ceremony as "one of the most respected members of the Parsi community from India and one of the most successful attorneys. A multifaceted personality, he is also an author, poet and columnist who has been contributing regularly to prominent publications in Kenya.”

An unassuming couple, Pheroze and Villoo Nowrojee accepted our invitation to visit the Parsiana office on January 25, shortly before their return to Nairobi. They were unabashedly enthusiastic about the event in Delhi, describing it as "delightful…so welcoming.” Also, they were astonished that there were four Parsis among 100 speakers at the three-day program of plenary and working sessions devoted to the overall theme, ‘Meeting India’s development challenges’ which preceded the awards ceremony.

"We didn’t expect a Parsi presence… Emphasizing the secularism of India, I hadn’t mentioned ‘Parsi’ in my bio data…But when Karan spoke (Lord Karan Bilimoria of Chelsea, co-chair of the Indo-British Partnership, was a panelist addressing the question: ‘Planning for Development: How to include the Indian diaspora’) he said he was proud to be a Parsi Zoroastrian, proud to be an Indian!” exulted Pheroze. The others were Ratan Tata, head of the House of Tata in his persona as chairman of India’s Investment Commission, addressing ‘The Resource Hurdle for Development;’ Anu Aga, director of Thermax and chairperson of the CII’s Women Empowerment Committee and "a childhood friend” who moderated the session on ‘Women;’ and Pheroze himself who represented Kenya in the discussion on the concerns of the overseas Indians vis-à-vis India and how they may be addressed. "The energy within the community is very evident. More important, it is meshing with the energy India itself is exhibiting,” he noted.

An award winning lawyer, Nowrojee was named Jurist of the Year (1995) by the Kenya chapter of the International Commission of Jurists. The International Bar Association conferred on him the Bernard Simons Human Rights Award, 2002, and the Law Society of Kenya presented him with the Roll of Honor in 2005. The recognition has been earned at a price. Pheroze’s defense of the human rights of social and political activists who fall foul of the government has had its repercussions, as notes Villoo in passing. "The human rights situation has improved but it could regress very easily,” says Pheroze, adding, "We must ensure that the gains are irreversible.” Nowrojee’s advocacy of the human rights of Africans who have dared to challenge autocratic regimes has brought him in touch with noted Indian jurists Fali Nariman and Soli Sorabji. "They have extended their protection and influence to ensure the safety of human rights workers all over the world. Their protection is very important to us,” acknowledges Nowrojee. He maintains however that the "social scene is very active. Kenya is facing the right direction even if it isn’t moving!”

Kenya’s English language Press is influential, Nowrojee tells us. The Swahili Press is also very strong. "Kenyans are a reading public. The common person is very knowledgeable, will recognize people, events,” he notes. While he has written extensively on law and public affairs, Pheroze adds shyly that he is also a published poet and was the BBC Africa Poetry prizewinner in 2002. This, apart from active involvement in Kenyan politics for 20 years, currently as national office bearer in the Social Democratic Party.

Pheroze Nowrojee with President Abdul Kalam (Top) and with Villoo (above). Both sides of award medal (center)

Nowrojee’s public involvement also includes chairmanship of the Asian African Heritage Trust under whose banner was held a major exhibition on the Indian heritage in East Africa at the National Museum of Kenya, 2002 to 2005. In recognition of his work – "He has been actively involved in cultural activities related to migrations of Indians to Kenya and Africa,” as notes the souvenir — he was conferred the Asian Foundation Community Award in 2005.

The Nowrojees estimate the Zoroastrian population in Nairobi and Mombasa at about 30 each. It is an aging community, they tell us, the young being expatriates from India coming in as corporate executives or professionals with a stay of 10 to 15 years at the most. "The old families are very few now (but) they hold Kenyan passports and are committed to the country.” The ethnic and cultural ties with India remain. Nowrojee now visits India annually for medical reasons though there was a time – 37 years – when he hadn’t come.

Nowrojee’s family connection with Kenya dates back to 1896 when his great grand uncle arrived there, his grandfather and grandmother in tow. His father Eruch was born in Nairobi in 1905. His mother, Tehmi Sorabji Tata of Bilimora journeyed to her new home after marriage and Pheroze was born there in 1939.

An alumnus of the Billimoria High School in Panchgani – which Pheroze visited during his trip here and is all set to revisit in 2008 when the school celebrates its centenary – he graduated in arts from Bombay’s St Xavier’s College, where he met Villoo Bandrawalla and maintained contact until they were married. Called to the bar from Lincoln’s Inn, he practiced as advocate of the High Court of Kenya as also at the bar of the High Courts of Tanzania and Zanzibar, and taught law at the Universities of Dar-es-Salaam and Nairobi and at the Kenya School of Law before proceeding to the Yale Law School for his LLM in 1974.

Their daughter Binaifer is married to Gabriel Abraham, a human rights lawyer spending time between the US, where he teaches at the Harvard School of Law, and Kenya. Their Nairobi born daughter Anahita Sia Nowrojee is in the Kyrgyz Republic with her husband Alex Boston, director of the US Peace Corps, and sons Darius and Zorhan. Anahita is involved in framing the policy of the new Aga Khan University of Central Asia that is coming up there. Their Nairobi born son Elchi is the legal counsel for Credit Suisse Bank in New York where he lives with his wife Janet Immermann and daughters Margaret and Zarine.

Notes Nowrojee with a shade of regret, "The statistical chances of our children meeting other Zoroastrians is minimal. The debate tips over from presenting our religion as a racist justification of exclusivity… It is always very difficult to respond to bad advocacy. It needs time to bring logic steadily into general thinking.”