Human rights body urges UN Security Council not to defer Kenyan cases

Photo/FILE President Uhuru Kenyatta. Human rights watch has criticised President Kenyatta for seeking the deferral of the charges facing him at the International Criminal Court (ICC). 

In Summary

• The human rights body is now urging the UN Security Council not to pass a resolution deferring the ICC charges against the Kenyan President and his deputy.
• The new development comes in the wake of heightened lobbying which has seen over a dozen top ranking officials of the African Union pitch camp in New York in a bid to push for deferral of the Kenyan cases.

By B M J Muriithi
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A New York-based international human rights organisation has criticised President Uhuru Kenyatta for seeking the deferral of the charges facing him at the International Criminal Court (ICC).

One of the top ranking officials of Human Rights Watch International (HRWI) has questioned the timing of the African Union’s move to seek for the deferral of the cases.

In what could be seen as an affront on the effort of the AU, the human rights body is now urging the UN Security Council not to pass a resolution deferring the ICC charges against the Kenyan President and his deputy.

Speaking to the media in New York, the director of international justice at Human Rights Watch, Mr Richard Dicker, said if justice is to be done, then the Kenyan president should face the due process.

The veteran human rights activist issued a hard-hitting statement urging the Security Council to ignore the plea made by the AU and the Kenyan government.

“As candidate, Uhuru Kenyatta pledged cooperation with the ICC, but now as president he wants the Security Council to give him an out,” Dicker said.

Urging the Council not to entertain the petition, the official said that any action that would delay the proceedings in The Hague would be an endorsement of impunity and a slap in the face of the victims of the 2007/2008 post-election violence in Kenya.

“The council previously rejected this bid for impunity because there’s no basis to stop the case,” For the victims, for the witnesses at serious risk and for the dangerous precedent that could be sent, we expect the council to again reject Kenya’s request for a deferral.”

Mr Dicker has worked for the human rights body since 1991 and spearheaded an advocacy campaign which led to the establishment of the ICC.

The new development comes in the wake of heightened lobbying which has seen over a dozen top ranking officials of the African Union pitch camp in New York in a bid to push for deferral of the Kenyan cases.

A diplomat who works at the United Nations headquarters in New York and who spoke to The Nation on condition of anonymity said it is not a coincidence that HRW was making the statement at this time.

“These people know their game. In this country (The US), advocacy groups are listened to. This is a well choreographed scheme,” he said.

This week, Kenya’s Foreign Secretary, Amina Mohamed has been in New York, joining the AU delegation in its pitch to the Security Council.

(READ: Kenyan minister in US as lobbying for deferral begins)

USING CIVIL SERVANTS

And in a related development, some Kenyans living in the US are now questioning the wisdom of the Kenyan government use of civil servants to lobby for the deferral of the cases.

Soon after the Nation published a story over Amina Mohamed’s presence in New York Tuesday, many took to the social media, with some wondering why the tax payers should foot the bill.

But in a quick rejoinder, acting Kenya’s ambassador to the United States told the Nation in a phone interview that what the Kenyan government is doing is not unusual.

“This is a matter of national importance. The moment Mr Kenyatta was elected president, the ICC issue ceased to be a personal matter,” said Ms Jean Kamau from her Washington DC office.

The lobbying intensified on Thursday with a consultative meeting of all council members scheduled to take place at the UN headquarters.

Ethiopia’s Foreign minister Tedros Adhanom Ghebreyesus, chairman of the AU’s executive council, is leading other officials to put the case for deferral to Security Council members.

For a deferral to succeed the council would have to pass a resolution which requires a minimum of nine “yes” votes and all the five veto-holding permanent members — the US, Russia, China, Britain and France – must vote in the affirmative.

Of the five veto holding members, the United States, United Kingdom and France have previously expressed their disapproval of Kenya’s request.