Kenyans for Peace, Truth and Justice statement to ACHPR

The International Federation for Human Rights (FIDH) urges the African Commission on Human and Peoples' Rights (ACHPR) to "to adopt a specific resolution condemning intimidation of human rights defenders, and demand respect for the physical and moral integrity of human rights defenders" amongst other things.

MEMORANDUM TO THE ACHPR ON THE HUMAN RIGHTS SITUATION IN KENYA

The International Federation for Human Rights (FIDH), its member organisation, the Kenya Human Rights Commission (KHRC), and the Kenyans For Peace, Truth and Justice (KPTJ – a coalition of Kenya's governance, human rights and legal organizations), welcome the decision of the African Commission on Human and Peoples' Rights (ACHPR) to examine the human rights situation in Kenya at the occasion of its 4th extraordinary session which will be held in Banjul, The Gambia, from 15 to 24 February 2008.

RECOMMENDATIONS:

FIDH, KHRC and KPTJ request the African Commission on Human and Peoples' Rights to:

1. Invite Kenyan, African and International NGOs to present an assessment of the state of human rights in Kenya at the occasion of the 4th extraordinary session.

2. Adopt a resolution at the occasion of the 4th extraordinary session to: a) Condemn the serious violations of the provisions of the African Charter on Human and Peoples' Rights and its Protocol on the Rights of Women;

b) Denounce the electoral irregularities that were committed during the presidential ballot of 27 December 2007 as blatant violation of the African Charter on Elections, Democracy and Governance;

c) Reaffirm support toward the efforts of the Mediation Team towards effective political solution to the crisis, based on peace, truth and justice ;

d) Request the Kenyan authorities and any other duty-bearers to: ? ensure unobstructed investigations on the alleged breach of the Presidential and National Assembly Elections Act and the Constitution of Kenya by the Electoral Commission of Kenya;

? ensure the protection of civilians, including human rights defenders; ? take all necessary measures to ensure the end of impunity of the authors, co-authors and instigators of post electoral inter-ethnic violence;

? ensure that all individuals responsible for directly inciting ethnic violence be investigated and prosecuted;

? ensure that all members of security forces responsible for disproportionate repression of peaceful demonstrators and other individuals be investigated and prosecuted; ? ensure the opening of investigations against militia members responsible for human rights violations;

? ensure unobstructed investigations on the murder of two opposition Members of Parliament; death threats pronounced against the human rights defenders;

? take all the necessary measures to ensure respect for the United Nations (UN) Guiding Principles on Internal Displacement;

? establish transitional justice mechanisms to address the underlying causes of the violence and provide justice addressing immediate and historical wrongs in Kenya;

? more generally, to take all necessary measures to settle the root causes of the crisis in Kenya, notably the issue of land and internally displaced persons, and to guarantee justice, respect for human rights and democratic governance.

3) Request, together with Kenyan and International NGOs, a meeting with the African Union Peace and Security Council, to present the human rights situation in the country so as to mitigate or prevent further or imminent violations

4) Invoke its inherent jurisdiction to draw the attention of the Assembly of Heads of State and Government the to existence of serious or massive violations of human rights in Kenya, and the trigger, namely the flawed presidential election

5) Urge the Member States to adopt the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa. FIDH, KHRC and KPTJ request the Special Rapporteur of the African Commission on Human and Peoples' Rights on the Human Rights Defenders in Africa:

? To adopt a specific resolution condemning intimidation of human rights defenders, and demand respect for the physical and moral integrity of human rights defenders, in conformity with the African Charter on Human and Peoples' Rights and the Declaration on the protection of Human Rights Defenders adopted in 1998 by the United Nations General Assembly.

*Signed by: International Federation for Human Rights Kenya Human Rights Commission Kenyans for Peace, Truth and Justice : ? Africa Centre for Open Governance (AfriCOG) ? Awaaz ? Centre for Law and Research International (CLARION) ? Centre for Multiparty Democracy (CMD) ? Centre for Rights, Education and Awareness for Women (CREAW) ? (CRADLE) ? Constitution and Reform Education Consortium (CRECO) ? East African Law Society (EALS) ? Haki Focus ? Hema la Katiba ? Independent Medico-Legal Unit (IMLU) ? Innovative Lawyering ? Institute for Economic Affairs (IEA) ? Institute for Education in Democracy (IED) ? International Commission of Jurists (ICJ-Kenya) ? Kenya Human Rights Commission (KHRC) ? Kenya Leadership Institute (KLI) ? Kenya National Commission on Human Rights (KNCHR) ? Kituo cha Sheria ? Media Institute ? Muslim Human Rights Forum ? National Constitution Executive Council (NCEC) ? Regional Centre for Stability, Security and Peace in Africa ? Sankara Centre ? Society for International Development (SID) ? Urgent Action Fund (UAF)-Africa ? Youth Agenda.

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