Prof Alston last week presented the report of his investigation into allegations of illegal police executions in Kenya in which he criticised the government and called for the resignation of Attorney-General Amos Wako and the sacking of police commissioner Maj Gen Hussein Ali.
Although the Kenyan delegation denies lobbying against Prof Alston, its complaints, that the UN Rapportuer did not cross-check the facts in his report and that he did not sufficiently involve the government in its preparation, appear to have caught the attention of delegations from Africa and the non-aligned movement.
In his speech to the UN Human Rights Council, Justice minister Mutula Kilonzo accused Prof Alston of seeking to “destabilise Kenya by trying to divide the coalition government” and claimed that the UN official’s report was “biased”.
The African Group, a team of delegations from Africa, and the non-aligned movement, appear to believe that UN Rapportuer are conducting investigations as if there was one set of rules for poor countries and another for the rest of the world, according to a member of the Kenyan technical delegation who requested not to be named because he is not authorised to comment.
Influential countries such as Malaysia, the official said, were among those which felt that the UN investigators were not respecting the rights of poor member states and want all special Rapportuer censored.
The Kenyan delegation initially went to Geneva with every intention of attacking Prof Alston, but a compromise between the Orange Democratic Movement and the Party of National Unity saw them put up a more balanced defence in which the government acknowledged illegal killings by police officers and a promise to protect human rights defenders.
Kenya was represented at the meeting by Mr Kilonzo, his Lands colleague James Orengo, George Saitoti of Internal Security, East African Cooperation minister Amason Kingi and Mr Wako. Mr Wako and the ministers have since left but the technical delegation is still attending the conference.
But the feeling among some members of the technical delegation appears to be that Prof Alston “got off lightly” and that the human rights official meddled in internal security matters which are “not discussable” at the conference and “got sucked into national politics”.
Initially, the government response was intended to criticise Prof Alston by saying: “The Government expresses grave concern regarding the allegations contained in the report by the Special Rapportuer. His questioning of the very basis of the Kenyan state and in particular its institutions is totally unacceptable, and impinges on Kenya’s sovereign rights.”
But after the compromise, Prof Saitoti’s remarks were, in comparison, mild and did not attack the UN official.
The lobbying seems to have started after the Kenyan official response and might culminate, some members of the Kenyan delegation hoped, in a formal censure or a “withdrawal of support” for Prof Alston by the Africa Group and the NAM.
On Sunday, Mr Wako, who is in London pursuing the Anglo Leasing case, denied lobbying the African Group to push for a resolution to condemning Prof Alston.
“No. I cannot recollect lobbying any group in Geneva against Prof Alston,” he said by the phone.
A different member of the Kenyan delegation told the Nation that the non-aligned movement members of the council from Asia, Africa and South America, wanted the UNHRC to assert its authority on rapporteurs to ensure that they did not violate the rights of member states from Africa.
Philippines, Sri Lanka, Afghanistan and Brazil have faced similar situations as Kenya with UN rapporteurs who were sent to investigate police brutality. The groups, it was understood, wondered why the rapporteurs kept within UN rules when investigating human rights issues in rich countries but not when sent to poor countries.
Of particular concern to the group was Prof Alston’s firm recommendation for the removal of Mr Wako and Maj Gen Ali, releasing his preliminary report before giving the government a copy, alleged reliance on the reports of the Kenya National Commission for Human Rights (KNCHR) without verifying the information; and accepting the confessions of a witness without establishing his credibility.
Prof Alston is also being accused of “failing to cooperate with the government” during his mission in Kenya in February this year. Even though the joint statement repeated that it was not within the mandate of the UN Rapporteur to call for the dismissal of the AG and the police commissioner, Mr Alston restated in Geneva that the two officials should step aside for any meaningful reforms to take place.
The anti-Alston resolution, which is expected to be debated at the UNHRC in Geneva this week, may well garner the support of countries which feel that the Kenyan case has provides a window to rein in special rapporteurs. Once adopted, a resolution of censure will be taken before the UN Security Council and those versed with the UN system stated that once strongly recommended by the UNHRC, it will easily be adopted.
