Kenya: Human Rights Council: 15th Session: Joint oral statement on Kenya's UPR
Human Rights Council
15th Session, 13
September – 1st
October 2010
Item 6: Universal Periodic
Review
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Oral statement delivered by the World Organisation Against Torture
(OMCT), a non-governmental organisation with general consultative status, and
its member organisation in Kenya, the Independent Medico-Legal Unit (IMLU)
Thank you, Mr. President.
OMCT and its member organisation, the Independent
Medico-Legal Unit (IMLU) commend the Kenya Government for backing the passing of
a new constitution which has provided a favourable legal environment for the
protection and promotion of human rights consistent with most of the
recommendations made at the UPR session in May this year.
However, we are deeply concerned by the Government’s
breach of its obligations under the Rome Statute on the International Criminal
Court (ICC) by failing to arrest President Al-Bashir on 27th
August, 2010 and
aggravating the situation by harassing two human rights defenders from Bunge la
Wananchi who publicly protested on the matter. Thus, while acknowledging the
recent agreement entered into between the State and the ICC to enable the Court
to conduct its in-country investigations and operations, we nonetheless urge
the Government to demonstrate its commitment to accord the ICC full
co-operation in carrying out its mandate towards ensuring access to justice for
victims of the 2007/2008 post election violence in Kenya. Further, we call for
the prompt establishment of a domestic mechanism to facilitate the
investigation and prosecution of other perpetrators not dealt by the ICC.
We also urge the Government to display respect for the
work of human rights defenders by ceasing all intimidation and reprisals against
them in the execution of their activities and specifically to conclude
investigations into the death of two human rights defenders, Oscar Kingara and
Paul Oulu, executed in March 2009 following their co-operation with UN Special
Rapporteur on Extra-judicial Executions, Phillip Alston. We also call for full
compliance with the recommendations by the said Rapporteur and the UN Committee
Against Torture, in particular the independent investigation into numerous
cases of torture, disappearances and extra-judicial killings of residents of Mt
Elgon perpetrated by both the Kenyan military and the militia group, Sabaot
Lands Defence Force.
We urge the Government to sensitize the public on the
degrading nature of the death penalty and the need for its abolition.
Finally, we urge the Government to prioritize the
enactment of a Freedom of Information law to enhance accountability and the
right to access information necessary for the pursuit of justice by Kenyans and
now entrenched in the Constitution.
Presented by
Dr Joan Nyanyuki
Executive Director
Independent Medico-legal Unit