Betty Murungi new diplomatic job puts Kenya in odd position

The appointment of human rights lawyer Betty Murungi to the UN Commission of Inquiry into the 2018 protests in the occupied Palestinian territory has put Kenya in an awkward diplomatic position.

Kenya opposed the UN resolution that established the commission to investigate alleged human rights violations and abuses in the Palestinian territory, including East Jerusalem, particularly in the occupied Gaza Strip.

When the resolution No S-28/1 came for debate on May 18, during the 28th Special Session of UN Human Rights Council, Kenya abstained from voting, in apparent solidarity with Israel which lobbied hard against it.

According to records from the United Nations Human Rights Council on how member states voted, Kenya abstained from the vote, alongside Croatia, Ethiopia, Georgia, Germany, Hungary, Japan, Panama, Republic of Korea, Rwanda, Slovakia, Switzerland, Togo, United Kingdom of Great Britain and Northern Ireland.

VOTED AGAINST

However, the resolution was adopted by a majority recorded vote of 29 to 2, with 14 abstentions — where Australia and United States voted against it.

After Human Rights Council President Ambassador Vojislav Šuc (Slovenia) this week announced Ms Murungi’s appointment, Kenya’s stand against the establishment of the commission of inquiry came into scrutiny.

Ms Murungi was on Wednesday chosen together with David Michael Crane (United States) and Sara Hossain (Bangladesh) to serve as members.

Her appointment came as a surprise to Foreign Affairs ministry in Nairobi and Kenyan diplomats to the United Nations headquarters in New York as she had not been presented as a candidate nor lobbied for the job.

US-based law scholar Prof Makau Mutua said the appointment was a great honour for Ms Murungi but a shame for Kenya because it opposed the commission.

“It’s recognition of her towering status as a global human rights champion and authority. Unfortunately, Kenya cannot take credit for the appointment because it opposed the resolution establishing the commission,” Prof Makau tweeted.

MILITARY ASSAULTS

Efforts to get comments from Foreign Affairs Cabinet Secretary Monica Juma were futile, but the Kenya’s deputy permanent representative to the UN, Koki Muli, said Ms Murungi’s appointment was welcome.

She explained that the stand that Kenya took during the vote should be looked at based on the broader picture, context of foreign policy.

“We’re truly proud of Betty and we are also aware that her work in the new assignment is going to be extremely difficult, but Kenya will play its active role to lobby and persuade member states to support the new team,” Ambassador Muli told the Nation in an interview.

Ms Muli downplayed reports that Kenya’s Mission to the UN didn’t expect her appointment, saying the Human Rights Council president cannot appoint anyone without the support of the host country.

The commission of inquiry will look into the context of the military assaults on the large-scale civilian protests that began on March 30, this year, whether before, during or after; to establish the facts and hold to account those responsible.

TOP LAWYER

It has been directed "to establish the facts and circumstances, with assistance from relevant experts and special procedure mandate holders, of the alleged violations and abuses, including those that may amount to war crimes and to identify those responsible", a press release on its website says.

The Commissioners, who will serve in their personal capacities, were also requested by the Council “to make recommendations, in particular on accountability measures, all with a view to avoiding and ending impunity and ensuring legal accountability, including individual criminal and command responsibility, for such violations and abuses, and on protecting civilians against any further assaults”.

The Commission is scheduled to present an oral update to the Human Rights Council at its 39th session in September 2018, and a final, written report at its 40th session to be held in March 2019.

Ms Murungi is a lawyer who has practiced law at national, regional and international levels, and has experience in the management of non-governmental and non-profit organisations.

VAST EXPERIENCE

She served on the board of the Kenya Human Rights Commission and the Women's Initiatives for Gender Justice, among others. She has background in international human rights in the context of violent conflict with experience in international criminal justice and accountability mechanisms.

The lawyer has also worked in Sierra Leone, Rwanda, Northern Uganda and South Sudan and served for a short period as Vice Chairperson and Commissioner to the Kenya Truth, Justice and Reconciliation Commission, and as the Africa representative on the Board of Directors of the Trust Fund for Victims at the International Criminal Court (2010- 2013).

The members will also be required to make recommendations aimed at ending impunity and boosting legal accountability of perpetrators of the violence.

The UN Human Rights Council is made of 47 Member States, which are elected by the majority of members of the General Assembly of the United Nations through direct and secret ballot.

The General Assembly takes into account the candidate States' contribution to the promotion and protection of human rights, as well as their voluntary pledges and commitments in this regard.