Statement 106 - Australian Permanent Mission and Consulate-General

Australian Permanent Mission and Consulate-General

Geneva, Switzerland

Address: Chemin des Fins 2, Case Postale 102, 1211 Geneva 19 - Telephone: 022 799 9100 - Fax: 022 799 9178

8th Session of the Human Rights Council Universal Periodic Review

Intervention by Australia

by Ms Angela Robinson
6 May, 2010

Kenya

Australia welcomes the distinguished delegation from Kenya and appreciates its engagement in the UPR process.

We welcome the Parliamentary approval of a draft constitution, including its emphasis on human rights principles, which represents an important achievement in the implementation of the reform agenda. We urge the Kenyan Government to maintain the momentum towards a national referendum later this year.

Australia shares UN concerns about a continued culture of impunity and dysfunction in the administration of justice. We encourage the Kenyan Government to take decisive action to strengthen the rule of law, carry out judicial reform and to hold accountable those responsible for violence following the 2007 elections.

We welcome the International Criminal Court’s investigation into crimes against humanity allegedly committed in Kenya.

We continue to be concerned about the insufficient protection of, and assistance to, internally displaced persons and urge the Kenyan Government to address the underlying causes of displacement in order to facilitate their resettlement and reintegration.

We are concerned that children continue to be subject to sexual violence, trafficking and other violations. While we note efforts to address gender discrimination, we remain concerned about issues of maternal mortality, HIV/AIDS infection rates and gender-based violence.

We welcome Kenya’s comments this morning that it is committed to abolishing the death penalty and commend the Government for commuting the death sentences of more than 4,000 prisoners in August 2009. However, we remain concerned that death sentences continue to be imposed, including reportedly against children.

Australia would like to put the following recommendations:

1. Take measures to comprehensively address long-standing issues identified under Agenda Item 4 of the Kenya National Dialogue and Reconciliation, including with regard to judicial and police reform;

2. Cooperate with the ICC’s investigation and take measures to ensure that those responsible for post-election violence are held accountable;

3. Strengthen protection for women and children against violence and exploitation; and

4. Strictly ensure that the death penalty is not imposed for children and declare an official moratorium on executions with a view to abolishing the death penalty.