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Greater accountability, end to impunity key to stability in Kenya – UN report

Greater accountability, end to impunity key to stability in Kenya – UN report

Some of the thousands of people fleeing post-electoral violence in Kenya
While the violence that swept across Kenya several months ago was triggered by disputed presidential polls, the crisis was fuelled by underlying causes including poverty and discrimination, United Nations human rights officials said today, urging greater accountability and an end to impunity to address those issues and prevent further outbreaks.

A report released today by the Office of the UN High Commissioner for Human Rights (OHCHR) states that more than 1,200 Kenyans were reported killed during the violence that engulfed the East African nation since the December 2007 elections in which President Mwai Kibaki was declared the winner over opposition leader Raila Odinga.

Thousands more were injured, over 300,000 people displaced and around 42,000 houses and many businesses were looted or destroyed, according to the 20-page report, prepared by a fact-finding team that visited Kenya from 6 to 28 February.

Among the underlying causes that fuelled the violence are pre-existing violations of economic and social rights “as evidenced in the lack of access to water, food, health, decent housing together with the rate of youth unemployment and the gross inequality reported by civil society organizations,” states the report.

Furthermore, “the actual and perceived discrimination in the distribution of wealth, economic and political power amongst various communities and social segments together with the absence of adequate protection and effective remedy has fed serious grievances within the Kenyan population.”

The report identifies three “distinct but sometimes concurrent patterns of violence – spontaneous, organised and retaliatory.” The first phase began immediately after the election results were announced, when opposition supporters took to the streets in protest, especially in Kisumu and the slum areas of the capital, Nairobi.

The second wave consisted of organised attacks in the Rift Valley “which appear to have targeted non-Kalenjin communities and those perceived as opponents of the opposition ODM party, including the Kikuyu, Kisii and Luyha communities.” In retaliation, gangs of Kikuyu youths then attacked non-Kikuyu groups in Naivasha, Nakuru and Mathare.

The report indicates that in most districts, the Kenyan police were unable to maintain and enforce law and order. “According to most of the victims and witnesses interviewed, the police were often present but were either overwhelmed or passive during the attacks.”

Meanwhile, in some areas “the policing of demonstrations and crowds was conducted with excessive use of force resulting in death and injuries of many, including children.” According to the Government’s figures, 123 people were killed by the police, but hospital reports suggest the actual number may be higher.

The report adds that during the crisis, the State “appears to have failed to take appropriate measures to prevent or stop the violence and the human rights violations.”

The team welcomes the 28 February power-sharing agreement reached within the Kenya National Dialogue and Reconciliation process, and emphasizes the need for greater accountability and an end to impunity to address underlying issues and boost the prospects for democratic stability in the country.

The accords include an Independent Review Committee to investigate all aspects of the 2007 Presidential electoral process; a Truth, Justice and Reconciliation Commission; a constitutional review process, and a Commission of Inquiry with a mandate to investigate the circumstances surrounding the violence that occurred during the two months following the election.

Among its recommendations, the report stresses the need for the authorities to ensure that the hundreds of thousands that were displaced in the violence are able to freely decide when or whether to return, resettle or reintegrate through a voluntary and informed choice, free from political considerations or other pressures.

In carrying out its mission, the UN team visited 15 of the worst affected locations, and interviewed 188 victims and witnesses of post-electoral violence, as well as members of the Government and opposition parties, law enforcement agencies, members of civil society, non-governmental organizations, UN agencies, diplomats and other interested parties.