OHCHR FACT-FINDING MISSION TO KENYA AHEAD, HUMAN

C O N F I D E N T I A L GENEVA 000111

SIPDIS

SIPDIS

E.O. 12958: DECL: 02/05/2018
TAGS: PHUM PGOV PREL UNHRC KE
SUBJECT: OHCHR FACT-FINDING MISSION TO KENYA AHEAD, HUMAN
RIGHTS COUNCIL SPECIAL SESSION ON KENYA UNLIKELY


Classified By: Political Counselor Michael Klecheski. Reasons: 1.4 (b/
d).


1. (SBU) SUMMARY: The Office of the High Commissioner for
Human Rights (OHCHR) will depart February 6 for an
approximately three-week fact-finding mission to Kenya. The
mandate of the relatively low-level mission is to focus on
human rights, including accountability for the recent
violence, and to steer clear of electoral issues. Meanwhile,
there appears to be little prospect for a special session on
Kenya at the Human Rights Council in Geneva, at least as long
as former UN SYG Annan's mission is judged to have a chance
of succeeding. African states show no appetite for such a
session for the moment. END SUMMARY.

FACT-FINDING MISSION IN THE WORKS
--------------


2. (SBU) Scott Campbell, head of OHCHR's Africa unit, told us
February 5 that a fact-finding mission would depart for Kenya
on February 6. The mission will include team leader Roberto
Ricci (an Italian national) and four researchers. Campbell,
as well as the director of OHCHR's New York office,
Ngonlardje Mbaidjol (a Chadian national) will accompany the
mission to Kenya to get it underway but depart within a few
days. The approximately three-week mission is to report back
to High Commissioner for Human Rights Louise Arbour at its
completion, and she in turn will include its findings in her
report to the Human Rights Council. The mission is to have a
human rights focus, addressing the human rights consequences
of the election aftermath as well as the causes of the recent
violence and accountability for it. Accountability issues
are likely to be the most challenging aspect. The OHCHR team
is to be able to travel throughout the country, with security
arrangements already in place.


3. (C) Getting Kenyan government approval for the mission
proved challenging, Campbell told us. Above all, Kenya's
permrep to the Human Rights Council in Geneva, Maria Nzomo,
raised objections despite initial positive signals from
Nairobi. (Philip Owade, Kenya's deputy permrep but also
apparently a supporter of the Kenyan opposition, told our UK
colleagues, by contrast, that he favored the mission.)
Campbell traveled to Nairobi ahead of the African Union
summit, finally gaining Kenyan agreement to the mission on
January 31.

LITTLE PROSPECT FOR SPECIAL SESSION
--------------


4. (C) Meanwhile, a Council special session on Kenya appears
highly unlikely as long as former SYG Annan continues to work
on the situation there. With a regular Council session
slated to begin March 2, the prospects for a special session
are further reduced. National delegations had been
discussing the idea informally even before the International
Federation for Human Rights and its Kenyan partner
organization, the Kenyan Human Rights Commission, issued an
appeal for it. Since those NGOs' appeal, delegations have
been addressing it more concretely. EU members agree that a
special session right now could do more harm than good, and
believe the initiative to hold it should in any case come
from African states, a Slovenian diplomat told us.
Ethiopia's permrep was among several African delegates here
who indicated to us that they do not favor a session at
present. According to Campbell, Kenyan Permrep Nzomo has
made clear to him that Kenya strongly opposes such a special
session.
TICHENOR