26 January 2008
Nairobi — Human rights groups are casting the eye on post-election violence with attention shifting to gathering evidence that could help nail its perpetrators.
Top on the priority will be determining if the violence was spontaneous or pre-planned.
There will also be attempts to unravel the mystery of whether it was ethnic cleansing or genocide and funding.
On Friday, the Kenya National Commission on Human Rights, which was created through an Act of Parliament, said it is gathering evidence. The commission revealed it has enlisted the assistance of high-level investigators from an international body based in Italy. The organisation known as 'No Peace Without Justice' has provided similar expertise in the Sierra Leone and Kosovo conflicts.
Ms Winfred Lichuma, a commissioner with KNCHR, said the purpose of the investigation is to find out what happened and who is responsible for the human rights violations.
"The investigation will seek to establish where alleged 'ethnic cleansing' took place, who incited this, planned, funded and directed the actions. Where security agents used excessive force we shall seek to know under whose direct command they executed the instructions," Lichuma said.
Lichuma said core to the investigations is the need to create a database of evidence that will be used to prosecute those found guilty of human rights violations.
"The primary purpose of the documentation and investigation is to find out what happened, why the violations occurred, who is responsible and what can be done to deal with the persons responsible," she said.
The report from the investigations will be made public in two months.
The commission's vice-chairperson, Ms Florence Jaoko said information from the investigations would establish the basis for further interrogation and action by the International Criminal Court (ICC).
The killings and displacement, now estimated at 700 and 350,000, have also caught the attention of the international press and rights groups.
The Human Rights Watch on Thursday posted on its website its findings on violence in Rift Valley in which the finger of culpability pointed at local elders, against whom it said it has gathered evidence.
"Some opposition leaders are right to challenge rigged presidential poll, but they cann't use it as an excuse for targeting ethnic groups," said Mr Georgette Gagnon, acting Africa director at Human Rights Watch.
"We have evidence that politicians and local leaders fomented some post-election violence, and the authorities should investigate and make sure it stops now."
But on Friday Orange Democratic Movement leader Mr Raila Odinga, whose side is disputing Electoral Commission's declaration of President Kibaki as the winner, said ODM was clean.
"It is a misplacement and a misconception to blame the violence, which broke out in many parts of the country on an individual or one party. We have always preached peace," he said in reaction to a new report on the violence in the Rift Valley.
The Kenyan police are already investigating responsibility for the violence in the Rift Valley, but its forces are overstretched by the nationwide electoral crisis. In the light of apparent plans by some groups to attack camps for internally displaced persons, Human Rights Watch called on the police to ensure that all locations of displaced people are protected.
State and opposition blamed
The Monday issue of the New York Times ran a story that blamed the Government and the opposition for the violence.
"At first the violence seemed as spontaneous as it was shocking.... But a closer look at what has unfolded in the past three weeks, since a deeply flawed election plunged Kenya into chaos, shows that some of the bloodletting that has left more than 700 people dead may have been premeditated and organised.
"Leaflets calling for ethnic killings mysteriously appeared before the voting. Politicians with both the Government and opposition parties gave speeches that stoked long-standing hatred among ethnic groups. And local tribal chiefs held meetings to plot attacks on rivals, according to some of them and their followers," reported the American paper.
"What is not clear is if there were a systematic plan to start a nationwide ethnic war, and whether high-level political leaders played a role beyond possibly inciting violence through hate speech," concluded the writer.
KNCHR appeared to walk the line that saw perpetrators of the violence in Rwanda paraded before a special international criminal tribunal, though it appeared to lean on getting the possible trials tried at the International Criminal Court.
"Information arising from the exercise will support the work of other processes, including the proposed truth and justice commission. It will also be forwarded to the ICC, the Office of the High Commissioner for Human Rights and the UN security council," Jaoko said.
This gives a new twist because both the Government and ODM have also said they will also be seeking justice in the international court. ODM will, if it goes ahead with its threat, and the international body accepts to adjudicate, be seeking indictment against the Government over the flawed elections and the murderous rage with which the police treated its supporters. Most of those killed by police through use of live bullets were ODM supporters.
The Government would on the other, if it is not bluffing, be seeking justice for the victims killed in the violence it has tagged ethnic cleansing. But all the groups have to first satisfy the ICC that the local court system is either unwilling or incapable of giving a judicious ruling on what is at hand.
Evidence of the planning and execution the Government and the KNCHR could be building up could include records of telephone conversations, intelligence reports, especially on tracking, as well as still and motion pictures. Analysts believe that given the magnitude of the violence, the process could already be ongoing.
On Friday Lichuma said following the announcement of the disputed presidential election results serious human rights violations have taken place. She said pursuant to the commission's mandate they will seek to investigate and establish the human rights abuses reported from various parts of the country.
The teams of investigators will from next week visit the affected areas to interview wananchi.
"Parallel to the ongoing search for a political settlement among the main political actors, the search for justice and accountability must begin in earnest," KNCHR said.
The commission has vowed to name all those implicated in the violations without regard to their political affiliation. The rights body will also push for the prosecution of those responsible to avoid a repeat in the future.
Be the first to Write a Comment!
Copyright © 2008 The East African Standard. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). To contact the copyright holder directly for corrections — or for permission to republish or make other authorized use of this material, click here.
AllAfrica aggregates and indexes content from over 125 African news organizations, plus more than 200 other sources, who are responsible for their own reporting and views. Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica.
