Resolution on Extra judiciary Killings in Kenya
We, participants of the Forum on the Participation of NGOs in the 47th Ordinary Session of the African Commission on Human and Peoples’ Rights,
Considering that Kenya is party to the African Charter on Human and Peoples’ Rights, has adopted all the international and regional instruments for the protection of human rights and humanitarian law ratified and domesticated by Republic of Kenya;
Deeply concerned by the Human Rights Violations perpetrated by the State security agents consisting of the Kenya Army, Kenya Police and provincial administrators on the residents of Mt. Elgon district under the guise of “operation Okoa Maisha” (operation save lives) to quell an insurgency by the Sabaot Land Defense Force (SLDF) an armed militia formed in 2005 to resist governments efforts to evict squatters from the Chebyuk area of Mt. Elgon district.
Deploring the Kenyan Government continued denial of the allegations of torture perpetrated by its state security agents in the Mt. Elgon region.
Condemning the failure of the government to conduct prompt and impartial investigations as required under Article 12 of the Convention against Torture.
Deeply concerned by the lack of accountability for past and present violations and abuses of human rights and international humanitarian law, clearly exacerbating the conflict;
Hereby call on the ACHPR to take all necessary measures to pass a resolution:
- Calling on the Government to allow for the establishment of an independent international commission of inquiry in order to ensure prompt, impartial, effective and independent investigations into all cases of human rights violations, both past and present.
- Encouraging the Government to establish accountability mechanisms which conform with international standards of independence and impartiality in order to bring an end to impunity and ensure that all actors responsible for current and past abuses are held accountable for their actions;
- Calling on The Kenyan parliament to come up with a legal framework that eliminates secrecy and lack of accountability in future initiatives by joint security agencies while preserving law and order.
- Encouraging all member States of the African Union to provide support – logistical, political and financial – to entities and bodies that can monitor and report on past and current human rights abuses and can help to establish impartial and independent accountability mechanisms;
- Calling on the African Union to ensure that mechanisms are established which will ensure that the members of the Kenyan State Security Agencies responsible for violations of human rights and humanitarian laws are held to account.
Done at Banjul, May 10th, 2010
