STATEMENT
BY
H.E. MR. Z.D. MUBURI-MUITA
AMBASSADOR/PERMANENT REPRESENTATIVE
OF THE REPUBLIC OF KENYA TO THE UNITED NATIONS
TO THE
THIRD COMMITTEE
ON
AGENDA ITEM 72:
“COMPREHENSIVE IMPLEMENTATION OF AND
FOLLOW-UP TO THE VIENNA DECLARATION
AND PROGRAMME OF ACTION”
TUESDAY, OCTOBER 23, 2007
UNITED NATIONS, NEW YORK
Mr. Chairman,
My delegation is honoured to contribute to this debate on the comprehensive implementation of human rights instruments and the follow-up to the Vienna Declaration and Programme of Action. We welcome the reports submitted to this session by the Secretary-General and the various Committees under this Agenda Item. We align ourselves with the statement made by the representative of Benin on behalf of the African Group.
Mr. Chairman,
Development is central to the full enjoyment of human rights, and Kenya appreciates the ongoing efforts to entrench this right within the United Nations system and other fora. My delegation believes that all human rights are universal, indivisible, inter-dependent and inter-related as was reaffirmed in the 1993 Vienna Declaration and Programme of Action.
Implementation of Civil and Political rights tend to overshadow and even relegate economic, social and cultural rights to the periphery. Violations of civil and political rights receive prominent attention whereas we fail to condemn massive violations of economic and social rights. Without balancing the attainment of the first and third generation human rights, we cannot achieve fairness and equity. It would be very difficult to achieve the civil and political rights without first addressing the economic and social rights.
My delegation recognizes the indispensable role of the human rights treaty bodies in promoting universal respect for, and effective implementation of, human rights instruments. We commend the treaty bodies for their continuous dialogue with States and for the comprehensive guidelines and recommendations to States. We welcome the many comprehensive reports submitted to this session by the Secretary-General, Human Rights Committee, the Committee against Torture, the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families, respectively. The general comments and concluding observations made by the treaty bodies have proved to be extremely useful in guiding States in the implementation of the provisions of the various human rights treaties.
Despite various challenges in keeping up with the onerous reporting requirements, the Government of Kenya has made tremendous effort to honour its obligations. In 2007, Kenya presented its 5th and 6th combined report to the CEDAW Committee, the initial report to the Committee on Economic, Social and Cultural Rights and the report pursuant to the Convention on the Rights of the Child. During all occasions, we had useful engagement and interesting interaction. We shall strive to strengthen the areas where we fell short.
Mr. Chairman,
Substantial progress has been achieved in domesticating the provisions of the various human rights instruments in Kenya. These include the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination against Women and various other human rights conventions. Kenya has also established a Task Force on the Implementation of International Humanitarian Law. Further, the Government has put in place modalities to come up with a National Human Rights Policy and Plan of Action for the promotion and protection of human rights. It is envisaged that the policy will effectively mainstream human rights issues into the core national development agenda.
My delegation recognizes the indispensable role of the human rights treaty bodies in promoting universal respect for, and effective implementation of, human rights instruments. The reporting obligations to various Human Rights Treaty Bodies, however, is an involving and onerous exercise and we urge the Office of the High Commissioner for Human Rights to strengthen its technical assistance and capacity-building activities to assist States in shouldering this heavy reporting burden.
Mr. Chairman,
Over the last four years, Kenya has put in place the following measures to promote and protect human rights:
a) The establishment of the Kenya National Commission on Human Rights, which is the Government’s chief agent in ensuring compliance with its obligations under international treaties and conventions on human rights. The Commission has an autonomous status and is empowered to investigate complaints about human rights abuses, educate the public on human rights, and recommend measures to promote human rights.
b) The establishment of an Inter-Ministerial Committee to advise the Government on its international human rights obligations. The committee comprises key ministries with the responsibility for human rights, civil society organizations working on human rights and the Kenya National Commission on Human Rights.
c) The appointment of a Multi-Sectoral Steering Committee to co-ordinate the development of a National Policy and Action Plan for the Promotion and Protection of human rights, in accordance with the Vienna Declaration and Programme of Action. The National Action Plan will provide a programmatic framework for the promotion and protection of human rights;
d) Within the framework of New Partnership for Africa’s Development, Kenya has submitted itself to African Peer Review Mechanism Process.
e) To promote greater access and equity to justice, Kenya has initiated reforms to correspond with the various demands of the criminal justice system. In particular, Kenya is in the process of introducing small claims courts and national legal aid schemes that will enable the provision of legal services to the poor in society.
f) The enactment of pro-human rights legislation including the National Gender Commission Act, the Persons with Disabilities Act and the Sexual Offences Act.
g) The launching of the Governance, Justice, Law and Order sector (GJLOS) programme which aims at reforming the entire legal and justice sector with a view to establishing an effective, fair and efficient system of governance and administration of justice that will respect, promote and protect human rights.
Mr. Chairman,
Despite the above, Kenya is still faced with challenges such as:
a) Weak Institutions: Wide-ranging reforms are currently being undertaken by the Government. A major challenge in the promotion and protection of human rights is the existence of weak public institutions that are unable to effectively respond to and enforce human rights. I am however happy to state the Government is currently undertaking wide-ranging reforms in our justice sector aimed at improving the efficiency of these institutions.
b) Lack of Awareness: many Kenyans are not aware of their human rights entitlements under the Constitution and other laws. Although civic education has been conducted by civil society over the years it has not effectively reached the bulk of the population. The Government is seeking to redress this problem through dissemination of human rights education through the Kenya National Commission on Human Rights. Capacity-building and engagement with the civil society and Non-Governmental Organizations have contributed significantly in these efforts.
c) Poverty: is a major constraint on the enjoyment of human rights. Human rights can only be meaningful if they are seen to be inseparable from the daily struggle against hunger, disease and ignorance. It is noteworthy that the number of Kenyans living below the poverty line has marginally improved from 56% in 2002 to 49.1% in 2006. This, notwithstanding, the poor are still unable to adequately access basic needs- food, shelter, education medical facilities etc. They are also unable to access the justice system, as they cannot afford court fees or legal representation. The government has commenced the process of developing a National Legal Aid scheme, which would make it easier for the citizens to enforce their rights.
d) Constitutional and Legal Reforms: Kenya has been engaged in the process of addressing constitutional gaps that hinder full implementation of the international human rights Bill. The process has been inclusive and participatory but has faced considerable challenges. Consensus has been negotiated on a number of progressive human rights provisions on issues of gender equality, citizenship, and social economic rights. The Government has also revamped the Kenya Law Reform Commission to review outdated laws affecting the enjoyment of human rights and make recommendations for amendments, repeal or enactment of new appropriate legislation.
Mr. Chairman,
In concluding, I wish to reaffirm Kenya’s commitment to fulfill her obligations under the various international human rights instruments for the benefit of all her people guided by the vision of the founders of this Organization and with a common belief in the principle that all men and women are created equal.
Thank You! |
