AU: Seek Sanctions Against Kenya

(This Day) - President of the West African Bar Association, Mr Femi Falana yesterday urged the African Union Assembly to take urgent and proactive steps towards stemming the spiraling post-electoral violence in Kenya.

He has also specically called on the Assembly to impose maximum sanctions on the government of Kenya for violating its obligations under the AU Constitutive Act and African Charter as well as promoting unconstitutionalism.

In a letter entitled "Re: Request for the African Union to take punitive measures against Kenya to end unlawful killings and attack on the rule of law in the country" and addressed to the chairperson of the African Union (AU) and former Malian President, Omar Konare, the fiery legal practitioner called for punitive measures against the Kenyan government in order to stem the tidal wave of killings of innocent Kenyans and attack on the rule of law.

"I am writing to urge you to provide the leadership necessary for the African Union (AU) to take punitive measures against the government of Kenya in order to end the continuing suffering and unlawful killings of innocent Kenyans and attack on the rule of law and internationally recognized human rights in that country".

"In your role as AU Commission Chairperson, you have made some remarkable progress in repositioning the pan-African organization and making it a more credible organization than the defunct Organisation of African Unity (OAU)".

"However", he said, "I am deeply concerned by continuing reports of violence and killings in Kenya following a disputed presidential and parliamentary election in that country". "Contrary to the Constitutive Act of the AU and the African Charter on Human and Peoples’ Rights to which Kenya is a state party, (and which incidentally was adopted in Nairobi in 1981) politically-motivated killings of civilians by groups of armed youths in different parts of Kenya, with increasing ethnic dimensions, continue to be reported in that country, to the embarrassment of the African continent and humanity in general", he said.

He noted that "Since the announcement of the December presidential and parliamentary elections serious human rights violations and abuses have been committed. Widespread violence continues in many parts of Kenya particularly in Nairobi, Nyanza province, Western Province, the Rift Valley and Coast Province. The violence has involved many incidents of attacks between the different ethnic communities, often with machetes, stones and clubs"."As political tension mounted", he stated, "the government suppressed freedom of expression and banned live broadcasting by the Kenyan media although the ban has in practice been widely ignored by the media. The government has deployed security forces to many areas. Police and troops acted to protect people from violent mobs in some areas and dispersed violent protesters in others".

"The government has banned all demonstrations called by the opposition in Nairobi and other towns and has since prevented demonstrators from gathering, using tear-gas and water-cannon and in some incidences firing live ammunition into crowds which have resulted in many deaths".Falana further observed that "Clearly, what is going on in Kenya is inexcusable and a clear violation of Kenya’s obligations under the AU Constitutive Act, and the African Charter".

"Specifically, Article 4 of the Constitutive Act provides that the AU shall function in accordance with Respect for democratic principles, human rights, the rule of law and good governance ; respect for the sanctity of human life, condemnation and rejection of impunity and political assassination, acts of terrorism and subversive activities; and ; condemnation and rejection of unconstitutional changes of governments". He therefore urged Konare "to encourage AU Assembly meeting in Addis Ababa to discuss the situation in Kenya and to insist that the Kenyan government fulfil its responsibility of ensuring the safety and security of all Kenyans".

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