JOINT HEADS OF MISSION STATEMENT ON IMPUNITY IN KENYA

UNCLAS SECTION 01 OF 02 NAIROBI 000369 SIPDIS DEPT FOR AF/E, DRL FOR MOLLIE DAVIS, LONDON AND PARIS FOR AFRICA WATHCERS E.O.12958: N/A TAGS: PHUM PGOV PREL ASEC MOPS KE SUBJECT: JOINT HEADS OF MISSION STATEMENT ON IMPUNITY IN KENYA ¶1. On February 26, the Ambassador joined in a statement on impunity in Kenya, which was issued by Heads of Mission in Nairobi regarding impunity in Kenya. Begin text: Statement on impunity in Kenya We, the undersigned heads of diplomatic missions in Nairobi, welcome Professor Philip Alston's statement, UN Special Rapporteur on Extrajudicial, Summary and Arbitrary Executions, at the end of his visit to Kenya on 25 February 2009. We consider his mission as an important element in efforts to ensure that the Kenyan reform agenda remains on track. Ending impunity, and impunity for acts committed by state officials in particular, forms an indelible part of the commitments undertaken as part of the Kenyan National Reconciliation Act. We are deeply concerned by Professor Alston's findings and urge the Government of Kenya to urgently consider what action it will take on his recommendations. These should not simply be dismissed. Action on the report and on the security reform elements of the Waki Report and Agenda 4, particularly the formation of the Police Reform Group and the Independent Police Complaints Commission, would constitute a clear signal that the Government is committed to reform and that it does not hesitate to show leadership in eradicating impunity and its pervasive effects on the country and its citizens. In this light, we also welcome the statement by H.E. Mr. Kofi Annan, Chair of the Panel of Eminent African Personalities, dated 24 February 2009, about a Special Tribunal of Kenya. We are encouraged by the Panel's strong commitment to remain engaged. We share Mr. Annan's sentiment that failure by the Kenyan Government and Parliament to create a Special Tribunal would "constitute a major setback in the fight against impunity and may threaten the whole reform agenda in Kenya". Like Mr. Annan we welcome promised efforts by the H.E. President Mwai Kibaki and the Right Honorable Prime Minister to re-engage parliament to ensure the enactment of necessary legislation to establish a Special Tribunal. On our part we urge Government and Parliament to take seriously their responsibility to ensure that justice prevails. The creation of a Special Tribunal to prosecute those responsible for the post-election violence will be an important step in efforts to end impunity and foster healing and reconciliation. At the same time we understand the reservations many Kenyans express about a national process and we regret that the debate thusfar has been lacking transparancy and inclusivity. Therefore we urge the Government to consult with all sectors of society and act in a transparent manner, and to take all necessary steps to create a credible and robust tribunal as soon as possible. Among aspects important for ensuring the credibility of the tribunal are guaranteeing its independence (to be reinforced by strong international representation (judges, prosecutors) - and providing proper conditions for an effective and independent witness protection programme. At the same time, a NAIROBI 00000369 002 OF 002 local tribunal could help in rebuilding confidence in the country's judiciary. In parallel, judicial reform and action against corruption should be urgently considered as a further means to rebuild confidence. Participating missions in alphabetical order: Canada Denmark Finland France Germany Netherlands Norway Sweden Switzerland United Kingdom United States of America End Text. RANNEBERGER