Kenya Inter-Cluster Team Situation Report No. 22, 21 Apr 2008: Kenya Post-Election Emergency Response – Cluster: Food Assistance

Kenya Inter-Cluster Team Situation Report No. 22, 21 Apr 2008: Kenya Post-Election Emergency Response – Cluster: Food Assistance


Kenya Post-Election Emergency Response: Food Assistance Sector

Situation Overview

Kenya Red Cross(KRC), Government of Kenya(GoK), Office of the President/Special Programmes, and WFP are coordinating the single-food-pipeline and food assistance activities in Kenya, building on the existing food assistance coordination mechanisms in Kenya.

The latest statistics from KRC show 157,585 IDPs in 182 camps and an additional 130,000 in host communities.

The security situation has returned to calm in most of the country. Last week, there were violent protests in parts of the country by the Mungiki sect with similarly belligerent reactions by police; however a government announcement that it would engage in discussions with the sect ended the protests. Tension still remains high in Trans Nzoia and Mt. Elgon district due to ongoing military operations aimed at flushing out SLDF Militiamen from Mt Elgon.

Humanitarian Response Continue reading

OCHA Kenya Humanitarian Update vol. 16, 17 – 23 Apr 2008

OCHA Kenya Humanitarian Update vol. 16, 17 – 23 Apr 2008


HIGHLIGHTS

– New Permanent Secretary in Ministry for Special Programmes

– MPs call for delay of resettlement until root causes addressed

– WFP warns of food ration cuts by June due to production losses and high

– Food security fears as soaring prices hit the poor

The information contained in this report has been compiled by OCHA from information received from the field, from national international humanitarian partners and from other official sources. It does not represent a position from the United Nations.

I General Overview Continue reading

OCHA Kenya Humanitarian Update vol. 15, 10 – 16 Apr 2008

OCHA Kenya Humanitarian Update vol. 15, 10 – 16 Apr 2008


HIGHLIGHTS

– New 40-member power-sharing Cabinet sworn in

– Death toll of 14 following Mungiki protests in 10 towns

– $189 million Revised Emergency Humanitarian Response Plan launched

– Kenyan pastoralists consult on African Union policy framework

The information contained in this report has been compiled by OCHA from information received from the field, from national and international humanitarian partners and from other official sources. It does not represent a position from the United Nations.

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NPI-Africa: Truth and Reconciliation Commissions in Africa: Lessons and Implications for Kenya

Truth and Reconciliation Commissions in Africa:

Lessons and Implications for Kenya

A Briefing Paper

By George WachiraI and Prisca Kamunge

This brief indicates some lessons and problems from TRC experiences in Africa and makes

recommendations for Kenya. Drawing on experiences from South Africa, Sierra Leone, Liberia,

Ghana and DRC, this brief cautions that previous TRCs have not been as successful as is

sometimes assumed While the South African TRC (SATRC) gave new prominence to TRCs (or

TJRC in the case of Kenya3), it has led to a fzxation on a particular form of transitional justice at

the expense of careful consideration of the goals sought and the context of the specific transitions.

For the Kenyan TJRC to succeed it will have to respond to some of the problems identified.

I LESSONS, PROBLEM AREAS AND RECOMMENDATIONS

Lesson and Problem Area 1:

TRCs Have not been as Successful as is often Assumed as tools

for truth, justice, reconciliation or national unity.

This is because:

o Victim-focused recommendations are ignored, delayed or only partially implemented.

o Citizens’ expectations are often outside the mandate and capacity of the TRC.

o Victims come before the TRCs in large numbers while perpetrators tend to stay away

o Perpetrators quickly get amnesty while the threatened prosecution is never followed up

o TRCs have often been politically-correct, focusing only on non-controversial truth

o Given their poor follow-up on recommendations, particularly those pertaining to

reparations to victims in the context of great material need, TRCs are increasingly viewed

as facilitating the very impunity they set out to reverse as perpetrators get away without

accountability while the victims’ needs are not met

Recommendations:

Ø Clear goals must be articulated and communicated to the public as to what the TIRC

hopes to achieve with regard to each of the three elements (truth, justice and reconciliation).

Ø A commitment by the government to implement recommendations and undertake

necessary follow-up should be secured up front.

Ø The TJRC Act should provide for an Independent Follow-up Mechanism with a clear

mandate to spearhead the implementation of the TJRC’s recommendations.

Ø The government’s commitment to cooperate and support the process and follow-up

should be secured through a presidential order, as recommended by the Makau Mutua

Task Force on the TJRC in 2003.

Ø Public expectations can be managed through a careful awareness campaign, wide

consultations and clear articulation of the purpose and role of the TJRC, and its relationship, synergies or linkages with concurrent commissions, competent institutions

and follow-up mechanisms (where applicable).

Ø In its legislation and design, the TIRC should have clearly stated linkages with other

related institutions or commissions such as the Office of the Ombudsman, the Lands

Commission or the Kenya National Commission on Human Rights. The framework for

such collaboration and linkages should be worked out before the commission concludes

its work.

Lesson and problem area 2: Overriding Expectations of Material Compensation

Kenya has to weigh carefully what the primary purpose of the TIRC is to be.

TJRC: NPI-Africa briefing-paper – Lessons and Implications for Kenya

NPI-Africa : TJRC – Truth and Reconciliation Commissions and Transitional Justice in Africa: Lessons and Implications for Kenya

NPI-Africa

A Peace Research Organization

Background Paper: April 2008

Truth and Reconciliation Commissions and Transitional Justice in

Africa: Lessons and Implications for Kenya

By George Wachira1 and Prisca Kamungi2

This Policy Brief is intended to contribute to the public debate on the proposed Truth,

Justice and Reconciliation Commission (TJRC) for Kenya. The content is informed by

ongoing research being carried out by NP I-Africa and the West Africa Network for

Peacebuilding (WANEP). Focusing specifically on respondent’s expectations and

perceptions, the research aims at drawing out lessons from transitional justice

experiences in Africa, in particular the increasingly popular TRC approach. The

research examined three countries that have concluded their TRCs or equivalents

(Ghana, Sierra Leone and South Africa), one that is in the process of implementing

(Liberia) and two that are still considering setting up TRCs (DRC, Kenya). Respondents

were drawn from a wide sample of victims, experts, former commissioners, civil society

actors, government officials, perpetrators, individuals who gave testimonies or submitted

statements to the commissions, relatives of victims, care professionals and researchers,

among others.

I. Introduction

The debate on the formation of a TRC3 in Kenya has been before the public for some

time. In the lead-up to the 2002 elections that marked the end of the 24-year regime of

Daniel Arap Moi, opposition politicians and civil society activists advocated for a Truth

and Reconciliation Commission (TRC) to address past human rights violations. After the

opposition’s victory, the new government appointed a Task Force in 2003 headed by

Prof. Makau Mutua to seek the public’s views on the formation of a TRC.4 The Task

Force recommended the formation of a Truth, Justice and Reconciliation Commission

(TJRC) to investigate:

Ø political assassinations and killings

Ø Massacres and possible genocides

Ø Political violence and murder of democracy advocates

Ø Torture, exile, disappearances, detention and persecution of opponents

Ø Rape

Ø Politically instigated ethnic clashes and

Ø Violations of economic, social and cultural rights

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IMLU – Preliminary Report – Military Operation in Mt. Elgon

PRELIMINARY REPORT OF MEDICO-LEGAL INVESTIGATION OF TORTURE BY THE MILLITARY AT MOUNT ELGON

“OPERATION OKOA MAISHA”

April 2008

An Investigative report by the

Independent Medico-Legal Unit (IMLU)

Released by:

International Commission of Jurists-Kenya Section

Child Legal Action Network

IMLU

Executive Summary

Since the January post election violence and subsequent mediation and resultant national accord by the political elites there continues massive appeals on reconciliation by the grand coalition government behind the scenes the government has and continues to engage in massive infringement of fundamental rights of historical proportions never witnessed before on the civilian population in Mount Elgon district and surrounding areas.

The much touted joint military operation that has been conducted under the secrecy veil since early march 2008 and has resulted in mass arrests and subsequent prosecution of over twelve hundred persons and most of the persons arraigned have raised complaints of torture and exhibited injuries that remain to be accounted for by the state, the government has on its part termed allegations of torture as propaganda and argued that no complaints have been lodged with relevant agencies. Government denial has three stages, starting with saying torture did not happen, continuing by saying that what happened was something else, and finally saying that what happened was justified for the protection of national security or some other purpose.

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