VZCZCXYZ0002
OO RUEHWEB

DE RUEHNR #1547/01 0970757
ZNR UUUUU ZZH
O 070757Z APR 06
FM AMEMBASSY NAIROBI
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0848
INFO RUCNDT/USMISSION USUN NEW YORK PRIORITY 6897
RUEHGV/USMISSION GENEVA PRIORITY 3830

UNCLAS NAIROBI 001547 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM PREL UNGA KUNR KE
SUBJECT: KENYA RENEWS REQUEST FOR SUPPORT FOR UN HUMAN 
RIGHTS COUNCIL SEAT 
 
REF: A. NAIROBI 1362 
 
     ¶B. STATE 55461 
 
¶1.  The Ministry of Foreign Affairs (MFA) formally reiterated 
April 6 its request for U.S. support for Kenya's candidacy 
for a seat on the first U.N. Human Rights Council (text in 
paragraph 2).  Ref A communicated the same informal request 
from the MFA and asked for Department guidance.  Department 
input is especially important now in light of Ref B, which 
post will deliver to the MFA, indicating the U.S. will 
actively campaign on behalf of candidates ahead of the May 9 
election.  Department guidance is appreciated. 
 
DEMARCHE SEEING SUPPORT FOR KENYA'S BID 
--------------------------------------- 
 
¶2.  Government of Kenya's demarche follows. 
 
(BEGIN TEXT:) 
 
MFA.33/214/001 
 
The Ministry of Foreign Affairs of the Republic of Kenya 
presents its compliments to their Excellencies Mesdames et 
Messieurs the Heads of Diplomatic Missions and International 
Organizations, accredited to the Government of the Republic 
of Kenya and with reference to the former's note verbale 
No.MFA.33/214/001 dated 20th March, 2006, has the honour to 
forward the enclosed Aide Memoire, providing a detailed 
justification for the request. 
 
The Government of the Republic of Kenya would be grateful to 
receive your government's support for its candidature to 
the Human Rights Council. 
 
The Ministry of Foreign Affairs of the Republic of Kenya 
avails itself of this opportunity to renew to their 
Excellencies Mesdames et Messieurs the Heads of Diplomatic 
Missions and International Organizations accredited to the 
Government of the Republic of Kenya the assurances of its 
highest consideration. 
 
Nairobi, 5th April, 2006. 
 
All Heads of Missions and International Organizations 
accredited to Kenya, NAIROBI. 
 
(END TEXT.) 
 
AIDE MEMOIRE OF JUSTIFICATION FOR BID 
------------------------------------- 
 
¶3.  Government of Kenya's aide memoire attached to the 
diplomatic note follows. 
 
(BEGIN TEXT:) 
 
Aide Memoire 
Ministry of Foreign Affairs 
 
Kenya has decided to present its candidature for election to 
the United Nations Human Rights Council at the elections to 
be held by the General Assembly on 9 May 2006, pursuant to 
General Assembly Resolution A/RES/601251. 
 
 
Kenya has been an active participant in the negotiations for 
the establishment of the Human Rights Council, both in New 
York and Geneva and welcomes the establishment of the Human 
Rights Council as a significant step in the efforts by the 
international community to enhance the promotion and 
protection of human rights. 
 
Kenya will continue to support all initiatives and reforms of 
the human rights machinery aimed at creating a stronger, 
efficient and less politicized organization that will promote 
human rights and respond promptly in cases of human rights 
abuse in any part of the world. 
 
In this regard, the Government of Kenya makes the following 
pledges and commitments: 
 
AT THE INTERNATIONAL LEVEL 
 
Kenya has and will continue to play a pivotal role in 
mediation and resolution of regional conflicts with the 
strategic objective of establishing and nurturing suitable 
conditions for the promotion and protection of human rights. 
This objective is premised on Kenya's conviction that the 
enjoyment of human rights can only be guaranteed in 
conditions of peace, security and stability. 
 
 
One of the cardinal precepts of Kenya's foreign policy is 
that the promotion and protection of human rights must be 
diligently pursued in both bilateral and multilateral 
settings. Kenya will continue to pursue this policy in 
cooperation with the international community. 
 
As a demonstration of its commitment to the principle of 
international cooperation in the promotion and protection of 
human rights Kenya has served in the United Nations 
Commission for Human Rights: - 1984-1986; 1992-1994; 
2001-2003, and was a member for the 2005-2007 period. 
 
Kenya continues to closely co-operate with the special 
procedures and mechanisms of the Commission by inviting 
Special Rapporteurs to visit Kenya and extending maximum 
cooperation to them in their valuable work. 
 
Kenya embraces the principle of universal periodic review 
that will scrutinize member states human rights records. 
Kenya was among the first African countries to voluntarily 
offer herself for review under the NEPAD Peer Review 
Mechanism, which evaluates members and recommends promotion 
and protection of human rights, good governance, rule of law 
and justice. 
 
AT THE NATIONAL LEVEL 
 
Kenya is party to almost all human rights instruments and 
pledges to continue submitting national reports to various 
regional and international treaty bodies. 
 
Kenya has endeavoured to match her international legal 
obligations with practical strategies and action plans at the 
national level, always guided by the principles of human 
dignity, non-discrimination, cooperation and equality for all. 
 
Kenya believes that all human rights are inherent, 
indivisible, interrelated and interdependent.  The 
Constitution of Kenya guarantees the enjoyment of all rights 
without discrimination.  The draft Constitution which is 
still under discussion, grants the High Court unlimited 
jurisdiction in all cases of human rights violations. 
 
A new political dispensation was ushered in after the 
historic democratic elections in December 2002. The new 
Government, at the outset, placed the promotion and 
protection of human rights at the core of its domestic and 
foreign policy. 
 
A number of concrete steps to safeguard civil and political 
rights of its citizens have been put in place.  These 
include: 
 
--The opening up of space for unlimited participation by the 
people in the democratic process. 
--The creation of a Ministry of Justice and Constitutional 
Affairs with the express      mandate of promoting and 
protecting human rights and good governance. 
--The establishment of the Kenya National Commission on Human 
Rights as a statutory and independent body that acts as a 
watchdog to ensure the promotion and protection of human 
rights in the country. 
--The total liberalization of Kenya's airwaves in the true 
spirit of freedom of information and expression of opinion. 
Independent radio and television stations as well as local 
and international newspapers operate freely. 
 
Kenya has ratified the Convention against Torture or 
Degrading Treatment or Punishment and has taken the necessary 
legislative and administrative steps to implement the 
provisions of the Convention. 
 
Kenya has ratified the Optional Protocol to the Convention on 
the Rights of the Child and Involvement of Children in Armed 
Conflict and has enacted a comprehensive Children's Act that 
domesticates obligations contained in the Convention on the 
Rights of the Child. 
 
Kenya has enacted the Gender Commission Act and established 
the National Commission on Gender to mainstream gender issues 
in all aspects of public life. 
 
Kenya has embarked on far-reaching measures to strengthen the 
judiciary, so as to ensure an independent, effective and 
efficient institution that is essential for a just, 
transparent and accountable Government. The Government has 
established more courts in all parts of the country. 
 
The Government has put in place a sound legal and 
institutional framework for investigation, prosecution and 
 
punishment of those involved in corruption. The 
Anti-Corruption and Economic Crimes Act 2003 and the Public 
Office and Ethics Act, 2003 have been enacted with the aim of 
protecting public resources from theft, wastage and plunder 
thereby availing then (sic) for poverty alleviation 
programmes. 
 
Kenya has adopted universal free primary education with a 
view to realizing the right to education. Similar efforts are 
being undertaken in other areas including health and housing. 
 
The Government of the Republic of Kenya remains firmly 
committed to the protection and promotion of human rights 
throughout the world and would be grateful to receive the 
support of your Government in our quest for election to the 
Human Rights Council. 
 
4th April 2006 
Ministry of Foreign Affairs, 
Nairobi Kenya 
 
(END TEXT.) 
BELLAMY