Justice for Kenya by Koffi Annan via Khalid Fazul Ochere/// Nairobi ,Kenya 10/9/2013............ ON Tuesday, the eyes of Kenya will fixed on The Hague, where the trial of country’s deputy president, William R his co-defendant, Joshua arap Sang, a influential radio executive, is set to b before the International Criminal Cou have been charged with crimes agains humanity for their alleged roles in the that rocked Kenya in late 2007 and ea Kenya’s president, Uhuru Kenyatta, wil similar charges in a related case set f November. As the world reels from atrocities com Syria and Egypt, it may be easy to forg nearly six years ago, it was Kenya that fire. In the wake of a contested electi mobs killed and raped, and torched h businesses. Police officers shot hundr unarmed protesters. At least 1,100 pe many more were injured and 600,000 displaced from their homes. But Kenyans have not forgotten. Nor who intervened to support them in th need. In 2008, I was appointed chairman of African Union Panel of Eminent Africa Personalities and mediated an agreem end the crisis. I arrived in Nairobi as violence was intensifying, prompting f the country could ignite into civil war. aim of the mediation was to stop the which it did. Recognizing the complex the conflict, the agreement also called establishing responsibility for the cri committed and for constitutional, elec security-sector reforms, so that the cyc violence would not be repeated. One concrete outcome was the Waki commission, a national inquiry into th postelection violence. It concluded th violence was not just spontaneous, bu least some areas, a result of planning organization, often with the involveme politicians and businessmen. This was surprising — politicians hungry for po long exploited Kenya’s ethnic division impunity. To break this cycle, the commission recommended that Kenya form a speci tribunal to bring to account those mo responsible. But the commission also that Kenya’s entrenched political inter might undermine justice, so in the ev inaction, the matter was to be turned over the International Criminal Court. Keny president, prime minister and parliam agreed to these terms. The commissio gave me a sealed envelope with the n high-level people allegedly responsibl violence. Sadly, the commission proved prescie leaders initially agreed to establish a tribunal, but proposals for a court we defeated twice by Parliament. It was back of these broken promises for just in July 2009, I complied with the com recommendations and handed over th envelope to the I.C.C. prosecutor. In absence of national steps toward acco the prosecutor decided, with the appr the judges of the court, to open inves There have been active efforts to pain I.C.C. cases as an assault on Kenya’s sovereignty. The supporters of Mr. Ken his running mate, Mr. Ruto, who won presidential election earlier this year the charges against them, have spoke the meddling of “foreign powers.” But the record is clear and there sho doubt: it was the Kenyan government’ failure to provide justice to the victim their survivors that paved the way to t a court of last resort. These trials also reflect the court’s unfair targeting of has been alleged. Instead they are th steps toward a sustainable peace that want, deeply, and can only be assured their leaders are not above the law. A long road lies ahead. The I.C.C. cases are not a comprehe solution to Kenya’s impunity crisis. Ke authorities must also act to investigat prosecute additional cases connected 2007-8 violence. Making clear that no above the law is essential to combat the use of violence for political ends political elite. This is important not only for the victi past, but also for Kenya’s future. The elections avoided widespread conflict, but should not mistake less violence for p The underlying causes of Kenya’s crisi real as ever and may resurface, since t reforms that were identified during th mediation have stalled. I have contin follow Kenya’s progress, and there is question that impunity remains one o greatest sources of underlying tension not checked, there may yet be future generations of victims in Kenya. Mr. Kenyatta and Mr. Ruto pledged to with the court, but Parliament voted l week to pull Kenya out of the I.C.C. T decision will have no impact on the t and will not take effect for at least an year. Nevertheless, these political mov affront to the victims and to the coura Kenya showed when it joined the cour In doing so, it became one of a growin community of states, including the ma African countries, dedicated to tipping balance in favor of justice and away fr impunity. The people of Kenya should away from that courage now. Kofi Annan is the former secretary g the United Nations and a Nobel peac laureate.
Posted on: Tue, 10 Sep 2013 07:33:09 +0000