Human Rights Council: 15th Session: Joint oral statement on Kenya's UPR

Human Rights Council15th Session, 13September – 1st October 2010Item 6: Universal PeriodicReview Please,check against delivery Oral statement delivered by the World Organisation Against Torture(OMCT), a non-governmental organisation with general consultative status, andits member organisation in Kenya, the Independent Medico-Legal Unit (IMLU) Thank you, Mr. President. OMCT and its member organisation, the IndependentMedico-Legal Unit (IMLU) commend the Kenya Government for backing the passing ofa new constitution which has provided a favourable legal environment for theprotection and promotion of human rights consistent with most of therecommendations made at the UPR session in May this year. However, we are deeply concerned by the Government’sbreach of its obligations under the Rome Statute on the International CriminalCourt (ICC) by failing to arrest President Al-Bashir on 27th August, 2010 andaggravating the situation by harassing two human rights defenders from Bunge laWananchi who publicly protested on the matter. Thus, while acknowledging therecent agreement entered into between the State and the ICC to enable the Courtto conduct its in-country investigations and operations, we nonetheless urgethe Government to demonstrate its commitment to accord the ICC fullco-operation in carrying out its mandate towards ensuring access to justice forvictims of the 2007/2008 post election violence in Kenya. Further, we call forthe prompt establishment of a domestic mechanism to facilitate theinvestigation and prosecution of other perpetrators not dealt by the ICC. We also urge the Government to display respect for thework of human rights defenders by ceasing all intimidation and reprisals againstthem in the execution of their activities and specifically to concludeinvestigations into the death of two human rights defenders, Oscar Kingara andPaul Oulu, executed in March 2009 following their co-operation with UN SpecialRapporteur on Extra-judicial Executions, Phillip Alston. We also call for fullcompliance with the recommendations by the said Rapporteur and the UN CommitteeAgainst Torture, in particular the independent investigation into numerouscases of torture, disappearances and extra-judicial killings of residents of MtElgon perpetrated by both the Kenyan military and the militia group, SabaotLands Defence Force. We urge the Government to sensitize the public on thedegrading nature of the death penalty and the need for its abolition. Finally, we urge the Government to prioritize theenactment of a Freedom of Information law to enhance accountability and theright to access information necessary for the pursuit of justice by Kenyans andnow entrenched in the Constitution. Presented byDr Joan NyanyukiExecutive DirectorIndependent Medico-legal Unit