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UN official cautions TJRC over handling of past injustices

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HEZRON NJOROGE | NATION. A participant raises his hand to make a contribution during a forum on Truth, Justice and Reconciliation at the KICC buliding in Nairobi,  September 2,2010.

HEZRON NJOROGE | NATION. A participant raises his hand to make a contribution during a forum on Truth, Justice and Reconciliation at the KICC buliding in Nairobi, September 2, 2010.  

By LUCAS BARASA, lbarassa@ke.nationmedia.com
Posted  Thursday, September 2  2010 at  13:53

The Truth Justice and Reconciliation Commission has been cautioned not to open the wounds of past injustices without a proper mechanism of addressing them.

The UN further faulted TJRC for recruiting more than 100 victims of past ills to be part of its staff as this would interfere with its independence and scare some perpetrators from testifying.

A senior human rights adviser in the UN’s Resident Coordinator’s office Tokunbo Ige also said unless unresolved credibility crises and citizens apathy were resolved there would still be questions in the minds of victims and survivors of past injustices and hinder the process.

“Most of the time has been wasted. TJRC is a human rights process. It is not about kissing and hugging but finding a way of addressing past human rights violations,” Ms Ige said told a two-day “National Dialogue Forum on the Truth, Justice and Reconciliation: A Failed Promise.”

The forum at the Kenyatta International Conference Centre follows controversies facing TJRC that has adversely its work for the past one year.

Ms Ige said TJRC lacks clarity in focus and processes and necessary financial support.

She said it is wrong for TJRC to hurriedly visit places and take statements without preparing the victims and perpetrators and ensuring their protection.

“Although it is a tall order, there’s need for independence of all interested parties including victims, perpetrators, donors, NGOs,” Ms Ige said.

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Although she agreed with TJRC commissioner Margaret Shava that victims should be at the centre of the process, Ms Ige said they should not dominate the process.

“You cannot be a judge in your own case. Having victims running the commission could give a reason to perpetrators not to appear before it. Some people might think its manipulation. No one should be seen to be controlling the process. The commission should be independent,” Ms Ige said.

In Sierra Leone, she said, the executive secretary of the justice commission was removed following complaints that she was a daughter of a Cabinet minister.

Credible record

Ms Ige said credible historical record might not be established if the commission is not seen to be independent adding that there could also be manipulation of the process and harassment of witnesses.

She said TJRC also risks facing frustrations of witnesses.

Ms Shava said the commission had trained 300 statement takers but said it was facing time constraints, lack of funds, delays in rolling out programmes and conflicts of interests.

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Add a comment (4 comments so far)

  1. Submitted by proundeastafrican

    This should be the first commision to die a natural death. It will serve no purpose to any one in Kenya. Kenyans needs to be reconciled only by laws that protects individual person and not illegal entities. If the laws are tough enough and enforced to the letter, Kenyans will love their neibghours like a ring and a finger

    Posted  September 02, 2010 08:28 PM  
  2. Submitted by ounzarj

    The police call u for an investigation arising from a complain made against u by a neighbour,you attend the summons only to find the complainant to be a member of the team,how free will the investigation be? This thing should be disbanded immediately!

    Posted  September 02, 2010 04:59 PM  
  3. Submitted by maugo1234

    This commission lost the confidence of many people. The chairman should have resigned and the the commission reconstituted. The parliamentary select committee of constitutional review and the Interim Independent electoral commission are models that should be emulated. Putting old guard in chair's position was a mistake! This commission is just a mess and should be starved of funds-nothing good will come from it.

    Posted  September 02, 2010 04:48 PM  
  4. Submitted by masterman

    Tjrc is a mess

    Posted  September 02, 2010 03:25 PM