Monday, December 27, 2010

Rejecting ICC comes at a high cost to Kenya


Armed youth burn property in Nairobi during the 2008 post election violence. MPs passed a motion last week asking the government to withdraw from the Rome Statue.
Armed youth burn property in Nairobi during the 2008 post election violence. MPs passed a motion last week asking the government to withdraw from the Rome Statue. 

By Bernard NamunanePosted Sunday, December 26 2010 at 19:46


The push by Parliament to pull the country out of the Rome Statute could cause severe economic, political and financial consequences, a former UN official has warned.
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Separately, Amnesty International said Kenya has no choice but to cooperate with the International Criminal Court.
While stating that Kenya has the sovereign right to pull out of the Rome Statute, Mr Salim Lone, a former UN communication official and Prime Minister Raila Odinga’s consultant, said the government would lose the good relations it currently enjoys with its development partners.
Last week, MPs passed a motion by Chepalungu’s Isaac Ruto asking the government to withdraw from the ICC process. Vice President Kalonzo described the motion during debate as ‘‘government business.’’
Parliament now expects the president to write to the United Nations informing it of the withdrawal.
But such a move, Mr Lone said yesterday, could cause severe penalties for the country.
Although the UN will not automatically withdraw funding for its programmes, the country’s credit rating will drop because political tensions are likely to rise as withdrawing from ICC will be taken as a move designed to defend impunity.
A lower credit rating will make it difficult for Kenya to access loans and investors will avoid the country for other lucrative destinations.
“Withdrawing from ICC is our sovereign right. But such a step would seriously undermine our long and beneficial engagement with the international community and the United Nations,’’ Mr Lone said on phone from London.
The loss of international goodwill, he added, was likely to be accompanied by tough economic, political and social consequences that will affect Kenyans. The UN funds projects that include the fight against HIV/Aids, Millennium Development Goals and good governance.
And Amnesty said the motion by Parliament “shall not discharge Kenya from the obligations arising from the statute, neither would it have an effect on the investigations”.
It called on the Kenyan government to reject the motion.
“The decision to withdraw from the ICC process would not, in any form, prejudice any matter that is for consideration by the court.”
Justice minister Mutula Kilonzo and a bishop also urged President Kibaki to ignore Parliament’s resolution saying it is bad for Kenya’s image.
Good relations with the international community, which among other things determines the countries credit rating, is a virtue that all developing countries are keenly interested in and have spent millions of dollars to maintain.
For instance, following the 2008 election violence, the government hired CLS and Associates, a top Washington public relations firm at a cost of Sh136 million ($1.7 million) to work on its image for a period of two years.
Kenya was also forced to engage foreign PR firms to spruce up its image during the reign of former President Daniel arap Moi when the county was under fire over dictatorship and corruption.
The current threat to take Kenya down the same road was executed last week after MPs, miffed by ICC Prosecutor Luis Moreno-Ocampo’s move to name six leaders he believes bear the most responsibility for the post-election chaos, voted for a motion urging the government to repeal the International Crimes Act and severe its links with The Hague.
The ICC prosecutor, on December 15, said he had notified the Pre-Trial Chamber at The Hague of his intention to open two cases against deputy PM Uhuru Kenyatta, Industrialisation minister Henry Kosgey, Eldoret North MP William Ruto, Head of Civil Service Francis Muthaura, former Police Commissioner Hussein Ali and journalist Joshua arap Sang.
However, Kenyans can take solace in words of Mr Odinga who has faulted MPs for passing the motion before they adjourned for their Christmas vacation describing it as a futile effort.
The ICC, he said, will come for the Ocampo Six regardless of whether Kenya was a state party to the Rome Statute or not.
“Withdrawal from the Rome statute will not solve the problem at hand, there are other ways of sorting these issues one of which is to reconcile the country through truth and justice” he said.

The PM said the ICC took over the case after MPs rejected, attempts by the government to establish a local tribunal to try the suspects when they rejected Bills on the special court.

Speaking at the weekend, Mr Kilonzo urged President Kibaki not to endorse the resolution to pull out of the ICC warning that it would leave a scar on his legacy.
By passing the motion, Mr Kilonzo said, Kenyan MPs had told the world that Parliament behaved with impunity, an act which was likely to convince the ICC prosecutor to apply for arrest warrants against the six individuals instead of the summonses he had sought.
“This means these guys will be indicted because Parliament is saying that Kenya can withdraw from the Rome Statute if only to protect a few individuals. We are telling the world that we don’t want to be a member of the only club that brings justice to victims of war crimes, genocide and crimes against humanity,” he said.
Last week, 13 envoys drawn from the European Union, Nordic countries and the Korean Peninsula warned withdrawal from the ICC amounted to Kenya undermining the institution that had been created to deliver justice to victims of crimes against humanity.
In Mombasa, Holy Ghost Cathedral Bishop Bonface Lele urged the President to think seriously of the repercussions that would befall the country if removed from international circuits.
“Were it not for the intervention of our international brothers and sisters during the post election violence, Kenya would have turned into smoke and ashes,” he reminded the political class.
Additional reporting by KNA

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