Identifier
Created
Classification
Origin
06NAIROBI1547
2006-04-07 07:57:00
UNCLASSIFIED
Embassy Nairobi
Cable title:  

KENYA RENEWS REQUEST FOR SUPPORT FOR UN HUMAN

Tags:  PHUM PREL UNGA KUNR KE 
pdf how-to read a cable
VZCZCXYZ0002
OO RUEHWEB

DE RUEHNR #1547/01 0970757
ZNR UUUUU ZZH
O 070757Z APR 06
FM AMEMBASSY NAIROBI
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0848
INFO RUCNDT/USMISSION USUN NEW YORK PRIORITY 6897
RUEHGV/USMISSION GENEVA PRIORITY 3830
UNCLAS NAIROBI 001547 

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: PHUM PREL UNGA KUNR KE
SUBJECT: KENYA RENEWS REQUEST FOR SUPPORT FOR UN HUMAN
RIGHTS COUNCIL SEAT

REF: A. NAIROBI 1362


B. STATE 55461

UNCLAS NAIROBI 001547

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: PHUM PREL UNGA KUNR KE
SUBJECT: KENYA RENEWS REQUEST FOR SUPPORT FOR UN HUMAN
RIGHTS COUNCIL SEAT

REF: A. NAIROBI 1362


B. STATE 55461


1. The Ministry of Foreign Affairs (MFA) formally reiterated
April 6 its request for U.S. support for Kenya's candidacy
for a seat on the first U.N. Human Rights Council (text in
paragraph 2). Ref A communicated the same informal request
from the MFA and asked for Department guidance. Department
input is especially important now in light of Ref B, which
post will deliver to the MFA, indicating the U.S. will
actively campaign on behalf of candidates ahead of the May 9
election. Department guidance is appreciated.

DEMARCHE SEEING SUPPORT FOR KENYA'S BID
--------------


2. Government of Kenya's demarche follows.

(BEGIN TEXT:)

MFA.33/214/001

The Ministry of Foreign Affairs of the Republic of Kenya
presents its compliments to their Excellencies Mesdames et
Messieurs the Heads of Diplomatic Missions and International
Organizations, accredited to the Government of the Republic
of Kenya and with reference to the former's note verbale
No.MFA.33/214/001 dated 20th March, 2006, has the honour to
forward the enclosed Aide Memoire, providing a detailed
justification for the request.

The Government of the Republic of Kenya would be grateful to
receive your government's support for its candidature to
the Human Rights Council.

The Ministry of Foreign Affairs of the Republic of Kenya
avails itself of this opportunity to renew to their
Excellencies Mesdames et Messieurs the Heads of Diplomatic
Missions and International Organizations accredited to the
Government of the Republic of Kenya the assurances of its
highest consideration.

Nairobi, 5th April, 2006.

All Heads of Missions and International Organizations
accredited to Kenya, NAIROBI.

(END TEXT.)

AIDE MEMOIRE OF JUSTIFICATION FOR BID
--------------


3. Government of Kenya's aide memoire attached to the
diplomatic note follows.

(BEGIN TEXT:)

Aide Memoire
Ministry of Foreign Affairs

Kenya has decided to present its candidature for election to
the United Nations Human Rights Council at the elections to
be held by the General Assembly on 9 May 2006, pursuant to
General Assembly Resolution A/RES/601251.


Kenya has been an active participant in the negotiations for

the establishment of the Human Rights Council, both in New
York and Geneva and welcomes the establishment of the Human
Rights Council as a significant step in the efforts by the
international community to enhance the promotion and
protection of human rights.

Kenya will continue to support all initiatives and reforms of
the human rights machinery aimed at creating a stronger,
efficient and less politicized organization that will promote
human rights and respond promptly in cases of human rights
abuse in any part of the world.

In this regard, the Government of Kenya makes the following
pledges and commitments:

AT THE INTERNATIONAL LEVEL

Kenya has and will continue to play a pivotal role in
mediation and resolution of regional conflicts with the
strategic objective of establishing and nurturing suitable
conditions for the promotion and protection of human rights.
This objective is premised on Kenya's conviction that the
enjoyment of human rights can only be guaranteed in
conditions of peace, security and stability.


One of the cardinal precepts of Kenya's foreign policy is
that the promotion and protection of human rights must be
diligently pursued in both bilateral and multilateral
settings. Kenya will continue to pursue this policy in
cooperation with the international community.

As a demonstration of its commitment to the principle of
international cooperation in the promotion and protection of
human rights Kenya has served in the United Nations
Commission for Human Rights: - 1984-1986; 1992-1994;
2001-2003, and was a member for the 2005-2007 period.

Kenya continues to closely co-operate with the special
procedures and mechanisms of the Commission by inviting
Special Rapporteurs to visit Kenya and extending maximum
cooperation to them in their valuable work.

Kenya embraces the principle of universal periodic review
that will scrutinize member states human rights records.
Kenya was among the first African countries to voluntarily
offer herself for review under the NEPAD Peer Review
Mechanism, which evaluates members and recommends promotion
and protection of human rights, good governance, rule of law
and justice.

AT THE NATIONAL LEVEL

Kenya is party to almost all human rights instruments and
pledges to continue submitting national reports to various
regional and international treaty bodies.

Kenya has endeavoured to match her international legal
obligations with practical strategies and action plans at the
national level, always guided by the principles of human
dignity, non-discrimination, cooperation and equality for all.

Kenya believes that all human rights are inherent,
indivisible, interrelated and interdependent. The
Constitution of Kenya guarantees the enjoyment of all rights
without discrimination. The draft Constitution which is
still under discussion, grants the High Court unlimited
jurisdiction in all cases of human rights violations.

A new political dispensation was ushered in after the
historic democratic elections in December 2002. The new
Government, at the outset, placed the promotion and
protection of human rights at the core of its domestic and
foreign policy.

A number of concrete steps to safeguard civil and political
rights of its citizens have been put in place. These
include:

--The opening up of space for unlimited participation by the
people in the democratic process.
--The creation of a Ministry of Justice and Constitutional
Affairs with the express mandate of promoting and
protecting human rights and good governance.
--The establishment of the Kenya National Commission on Human
Rights as a statutory and independent body that acts as a
watchdog to ensure the promotion and protection of human
rights in the country.
--The total liberalization of Kenya's airwaves in the true
spirit of freedom of information and expression of opinion.
Independent radio and television stations as well as local
and international newspapers operate freely.

Kenya has ratified the Convention against Torture or
Degrading Treatment or Punishment and has taken the necessary
legislative and administrative steps to implement the
provisions of the Convention.

Kenya has ratified the Optional Protocol to the Convention on
the Rights of the Child and Involvement of Children in Armed
Conflict and has enacted a comprehensive Children's Act that
domesticates obligations contained in the Convention on the
Rights of the Child.

Kenya has enacted the Gender Commission Act and established
the National Commission on Gender to mainstream gender issues
in all aspects of public life.

Kenya has embarked on far-reaching measures to strengthen the
judiciary, so as to ensure an independent, effective and
efficient institution that is essential for a just,
transparent and accountable Government. The Government has
established more courts in all parts of the country.

The Government has put in place a sound legal and
institutional framework for investigation, prosecution and

punishment of those involved in corruption. The
Anti-Corruption and Economic Crimes Act 2003 and the Public
Office and Ethics Act, 2003 have been enacted with the aim of
protecting public resources from theft, wastage and plunder
thereby availing then (sic) for poverty alleviation
programmes.

Kenya has adopted universal free primary education with a
view to realizing the right to education. Similar efforts are
being undertaken in other areas including health and housing.

The Government of the Republic of Kenya remains firmly
committed to the protection and promotion of human rights
throughout the world and would be grateful to receive the
support of your Government in our quest for election to the
Human Rights Council.

4th April 2006
Ministry of Foreign Affairs,
Nairobi Kenya

(END TEXT.)
BELLAMY