ON THE DOCK

Kenya will be in the dock next month at a United Nations forum to answer to its human rights record.

More than two years since the post-election violence broke out and thousands of internal refugees yet to be settled, the country will be hard-pressed to defend itself against accusations of violating its human rights commitments when other countries subject it to a peer review.

Under the first UN Human Rights Commission’s Universal Periodic Review (UPR), Kenya has its date on May 6 in Geneva, Switzerland, to give an account of its fulfillment of human rights obligations and commitments.

On Tuesday, civil society groups involved in human rights issues and closely involved in the Geneva process asked the government to do more to entrench enjoyment of human rights in the country.

“If Kenya makes voluntary commitments in Geneva, Kenyans will better enjoy their human rights,” said Lawrence Mute, a commissioner with the Kenya National Commission on Human Rights.

At the UPR, countries review each other’s progress and challenges in strengthening the rule of law and access to universal human rights. Although participating countries will make suggestions for improvement to each other, a country like Kenya is free to take or ignore such advice once the final report is presented later in July.

In preparation for the peer review, Kenya has filed its national report before the Human Rights Council. The KNCHR together with other civil society organisations have also filed joint and individual reports that will form the basis of review at the conference.

“Our key interest has been to engage with the government and not antagonise it. The State holds the key to full implementation of local and international commitments,” said Mr Mute.

He said arguments by some MPs against including the right to food and shelter in the Bill of Rights in the proposed draft constitution shows the long road that the country has to travel to live up to its national and international obligations in protecting its citizens.

The government, in its report, points to various reforms it is undertaking such as the police reforms, Truth, Justice and Reconciliation Commission, electoral reforms, among others as indicators of its commitment.

It, however, recognises key challenges it is facing, such as high youth unemployment, difficulty in accessing justice, as well as food insecurity, among others.

But the civil society, under the auspices of Kenya Stakeholders Coalition for the Universal Periodic Review, argues that despite recommendations by the Waki Commission to set up a Special Tribunal to try post-election suspects, the government has failed.

They also argue that the government has been slow in addressing the persistent controversies surrounding the TJRC’s chairperson’s office to safeguard the credibility of the truth seeking process.

Mr Henry Maina of Article 19 argued that without the repeal of the Indemnity and Official Secrets Act, efforts to seek the truth and reconcile Kenyans might not succeed.