Rights groups in Kenya are faced with the daunting task of persuading the government of President Mwai Kibaki to adopt a truth, justice and reconciliation commission (TJRC).
A task force, appointed by the Kenyan government last year following pressure from civil society, found that 90% of Kenyans backed the formation of such a commission.
But the government, which received the task force’s findings in September 2003, seems to be dragging its feet over demands to set up a TJRC.
Rights campaigners say the establishment of a TJRC will guard against future abuses.
“It will definitely act as a deterrent since it will bring to light past crimes against humanity and even name the perpetrators,” remarks Wangui Mbatia of the Kenya Human Rights Network.
She says a reconciliation commission is necessary to bring about much-needed healing, especially among torture survivors.
Mbatia’s remarks come in the wake of a preliminary report released on December 19, outlining human rights abuses in Kenya.
The Torture Status Report has recorded 294 cases of torture in the one year that Kibaki has been in power, against 100 cases in the same period in 2002.
Out of the 294 cases, “90% of injuries documented were caused by beatings with blunt objects under police detention”. Twenty five suspects later succumbed to death in hospital, said the report, compiled by the Independent Medico Legal Unit (Imlu), an NGO based in Nairobi.
Kibaki, who won elections on the ticket of the National Rainbow Coalition (Narc), succeeded Daniel arap Moi on December 31 2002. In his inauguration speech, he promised to observe human rights and end the culture of impunity, political and civil repression that had characterised Moi’s 24-year rule.
“However, since Narc came to power, there have been undercurrents that the Kibaki administration is no different from its predecessor after all,” says the Imlu’s Evans Wafula.
Torture is carried out once a person is arrested and placed under police custody.
“About nine suspects have been tortured and killed in custody, while at least one person was found executed while still handcuffed and dumped by the roadside,” says the Imlu report.
“There are a lot of unexplained killings by police, death in custody and other abuses. This is happening because these incidents are not considered to be systematic abuses,” Mbatia notes.
“The torture may not always be state-sponsored but it is a fact that there is very little being done by the government to contain abuses by police,” she says.
Efforts to seek comments from government officials have been fruitless since last week.
Human rights campaigners have warned of an escalation in torture cases if the government ignored calls for a TJRC.
“This is the only way the country can move forward, although we must draw a clear line between truth and reconciliation, and retribution,” observes Ababu Namwamba of the Chambers of Justice, an NGO that campaigns for equality.
“If we go the vengeance way, we will be putting the country on fire, which we will not be able to put off. We want justice with a human face; to know the truth, pinpoint the perpetrators. It is a painful process but it will promote national healing. We must follow in the footsteps of South Africa,” he adds.
The Truth and Reconciliation Commission in South Africa was formed in 1995 to look into gross human rights abuses administered by the apartheid regime, which ruled South Africa for decades until 1993.
Under the chairperson of former Anglican Archbishop of Cape Town Desmond Tutu, the commission recommended reparation for victims.
“If we choose retributive justice, we will be encouraging a culture of violence or tit-for-tat in coming generations. We must look at all these issues objectively with forgiveness and reconciliation taking centre stage,” says Monalisa Wanjala, a businessperson in Nairobi.
The idea of a truth commission in Kenya was born in February last year when the torture chambers in Nairobi were opened to the public. They were used to silence political dissidents during former president Moi’s rule.
About 2Â 000 people are reported to have been tortured in the chambers, a quarter of whom died, according to reports from rights groups. — IPS