LETTER FROM PRESIDENT KIBAKI TO FORMER PRESIDENT

UNCLAS NAIROBI 000819 SIPDIS FOR AF/E SUSIE PRATT AND IO SASHA MEHRA E.O. 12958: N/A TAGS: AORC OPDC PREL KE UNHRC SUBJECT: LETTER FROM PRESIDENT KIBAKI TO FORMER PRESIDENT CARTER: THOUGHTS ON THE PROPOSED U.N. HUMAN RIGHTS COUNCIL ¶1. (U) On February 21, Post received a faxed copy of a diplomatic note transmitting the following letter from His Excellency President Mwai Kibaki of the Republic of Kenya to former President Jimmy Carter via the Kenyan Ministry of Foreign Affairs. In the letter, Kibaki spells out Kenya's current position on discussions related to the proposed United Nations Human Rights Council. Post received the original letter February 23 and has pouched to AF/E under registration number 530B256 for onward transmission to former President Jimmy Carter. ¶2. (U) Begin text of letter: 16 February, 2006 Excellency, Thank you for your letter regarding ongoing negotiations on the establishment of the proposed United Nations Human Rights Council. During my intervention in the United Nations General Assembly, last September, I had the opportunity to welcome the reforms proposed by the United Nations Secretary General, H.E. Mr. Kofi Annan and subsequently endorsed by the Summit in September, 2005. The establishment of a Human Rights Council, to replace the current Commission for Human Rights is an important and timely move. It is our common expectation that this Council will create a stronger, efficient, less politicized organization, that will respond quickly and fairly in protection of human rights globally. In being more specific to the concerns raised in your letter, I want to assure you that Kenya fully supports a system of universal peer review, that applies equally to all states and which is based on a cooperative mechanism. Kenya has made tremendous progress on human rights reforms since my Government came into office in December, 202. We would, therefore, have no difficulties with a review system that will scrutinize members' human rights records. Within our own setting, the NEPAD Peer Review Mechanism has frequent and productive interaction with my government. Kenya is, therefore, supportive of the view that members of the proposed Council should set an example by demonstrating commitment to abide by human rights standards. Equally, Kenya supports the view that the Council should quickly address grave violations of human rights and make recommendations thereon. We are flexible on the issue of increased frequency of Sessions, provided that the concerns of developing countries regarding increased costs for participation are taken into account. Kenya will continue to push for the election of members by a simple majority vote of the General Assembly. This position is similar to that taken by the Africa Group and aims to achieve a more inclusive participation. We also recognize the important role of Non-Governmental Organizations and Civil Society in the Human Rights area. We would support the participation of Civil Society as observers, which is currently the case under the Commission. My government is actively engaged in the negotiation process within the several formats that have emerged in the United Nations. I, therefore, look forward to robust and constructive negotiations that will culminate in an organization that will serve better our ideals of dignity for all humankind. Accept, Excellency, the assurances of my highest consideration. /S/ Mwai Kibaki President of the Republic of Kenya H.E. Mr. Jimmy Carter The Carter Center, Atlanta, Georgia End text of letter. BELLAMY