Kenya's UPR Stakeholders' Coalition Report 2nd November 2009

KENYA'S STAKEHOLDERS' COALITION FOR THE UNIVERSAL PERIODIC REVIEW November 2nd 2009 Report

EXECUTIVE SUMMARY

The four year period between 2006 and 2010 within which Kenya is set to be reviewed has been a true test of the State’s promise to protect and uphold the human rights of every Kenyan. Preceded by heated political campaigns in 2006 and 2007, the bungled 2007 general elections resulted in violence with gross effects on individual and group human rights including loss of life, displacement, loss of property and livelihoods, suspicion and animosity between ethnic groups, compromise of institutional credibility and serious threat to the country’s nationhood. The National Dialogue and Reconciliation process initiated in 2008 resulted in the formation of a Grand Coalition Government and a comprehensive reforms agenda to address the root causes of the post-elections and other recurrent violence. Identified reforms include Constitutional, institutional and legal reform; land reform; addressing poverty, inequity, regional imbalance and unemployment, particularly among the youth; consolidation of national cohesion and unity; and transparency, accountability and combating impunity. Recent evaluations demonstrate chequered progress on the implementation of the reform agenda attributable to a number of issues including; the failed prosecution of suspected perpetrators of the post-election violence; the failure to effectively resettle and rehabilitate the internally displaced persons (IDPs) of the 2007-2008 post-election conflict; and the fragmented leadership of the Government Coalition which has resulted in an ineffective and uncoordinated approach to reforms. Furthermore, this report highlights key human rights concerns and violations in the country within four themes including justice, economic, social and cultural rights and development; the protection of civil and political rights; and non-discrimination and equality. The Kenya Stakeholders Coalition for the Universal Periodic Review makes recommendations in the report for legal, policy and institutional reforms to be undertaken by the State within a four year time frame before Kenya’s next review and witha view to remedying the highlighted violations. The Coalition anticipates that the findings in this report will contribute to an open and honest dialogue towards ensuring greater protection for the human rights of all persons in Kenya.

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