Saturday, October 12, 2013
SPEECH BY HIS EXCELLENCY HON. UHURU KENYATTA, C.G.H., PRESIDENT AND
COMMANDER IN CHIEF OF THE DEFENCE FORCES OF THE REPUBLIC OF KENYA AT THE
EXTRAORDINARY SESSION OF THE ASSEMBLY OF HEADS OF STATE AND GOVERNMENT OF
THE AFRICAN UNION, ADDIS ABABA, ETHIOPIA, 12th OCTOBER, 2013
Chair of the African Union, Prime Minister Hailemariam Dessalegn, Chair of the Commission of the African Union, Dr Nkosazana Dlamini-Zuma, Colleagues Head of State and Government, Distinguished Ladies and Gentlemen, It gives me special pleasure to join your Excellencies at this Special Summit, where we have assembled to reflect on very significant matters relating to the welfare and destiny of our nations and peoples.
I thank you for the honour of addressing
you today, because as it happens, I crave my brother and sister
Excellencies' views on some issues. We are privileged to lead the
nations of a continent on the rise.
Africa rests at
the centre of global focus as the continent of the future. Although we
have been relentlessly exploited in the past, we remain with sufficient
resources to invest in a prosperous future.
Whilst we have been divided and incited against one another before, we are now united and more peaceful.
Even
as we grapple with a few regional conflicts, as Africans, we are taking
proactive measures to ensure that all our people move together in the
journey to prosperity in a peaceful home.
Even though
we were dominated and controlled by imperialists and colonial interests
in years gone by, we are now proud, independent and sovereign nations
and people. We are looking to the future with hope, marching towards the
horizon with confidence and working in unity.
This is
the self evident promise that Africa holds for its people today. As
leaders, we are the heirs of freedom fighters, and our founding fathers.
These liberation heroes founded the Organisation of African Unity,
which was dedicated to the eradication of ALL FORMS OF COLONIALSM.
Towards
this end, the OAU defended the interests of independent nations and
helped the cause of those that were still colonised. It sought to
prevent member states from being controlled once again by outsider
powers.
The founding fathers of African Unity were
conscious that structural colonialism takes many forms, some blatant and
extreme, like apartheid, while others are subtler and deceptively
innocuous, like some forms of development assistance.
It
has been necessary, therefore, for African leaders to constantly watch
out against threats to our peoples' sovereignty and unity.
In
our generation, we have honoured our fathers' legacies by guaranteeing
that through the African Union, our countries and our people shall
achieve greater unity, and that the sovereignty, territorial integrity
and independence of our States shall not be trifled with.
More
than ever, our destiny is in our hands. Yet at the same time, more than
ever, it is imperative for us to be vigilant against the persistent
machinations of outsiders who desire to control that destiny. We know
what this does to our nations and people: subjugation and suffering.
Your
Excellencies, The philosophies, ideologies, structures and institutions
that visited misery upon millions for centuries ultimately harm their
perpetrators. Thus the imperial exploiter crashes into the pits of
penury. The arrogant world police is crippled by shambolic domestic
dysfunction.
These are the spectacles of Western
decline we are witnessing today. At the same time, other nations and
continents rise and prosper. Africa and Asia continue to thrive, with
their promise growing every passing day.
As our
strength multiplies, and our unity gets deeper, those who want to
control and exploit us become more desperate. Therefore, they abuse
whatever power remains in their control.
The Swahili
people say that one ascending a ladder cannot hold hands with one
descending. The force of gravity will be compounded and the one going up
only loses.
The International Criminal Court was
mandated to accomplish these objectives by bringing to justice those
criminal perpetrators who bear greatest responsibility for crimes.
Looking
at the world in the past, at that time and even now, it was clear that
there have always been instances of unconscionable impunity and atrocity
that demand a concerted international response, and that there are
vulnerable, helpless victims of these crimes who require justice as a
matter of right.
This is the understanding, and the
expectation of most signatories to the Rome Statute. The most active
global powers of the time declined to ratify the Treaty, or withdrew
somewhere along the way, citing several compelling grounds.
The
British foreign secretary Robin Cook said at the time, that the
International Criminal Court was not set up to bring to book Prime
Ministers of the United Kingdom or Presidents of the United States. Had
someone other than a Western leader said those fateful words, the word
'impunity' would have been thrown at them with an emphatic alacrity.
An
American senator serving on the foreign relations committee echoed the
British sentiments and said, "Our concern is that this is a court that
is irreparably flawed, that is created with an independent prosecutor,
with no checks and balances on his power, answerable to no state
institution, and that this court is going to be used for politicized
prosecutions."
The understanding of the States which
subscribed to the Treaty in good faith was two-fold. First, that world
powers were hesitant to a process that might make them accountable for
such spectacularly criminal international adventures as the wars in
Iraq, Syria, Libya, Afghanistan and other places, and such hideous
enterprises as renditions and torture.
Such states did
not, therefore, consider such warnings as applicable to pacific and
friendly parties. Secondly, it was the understanding of good-faith
subscribers that the ICC would administer and secure justice in a fair,
impartial and independent manner and, as an international court, bring
accountability to situations and perpetrators everywhere in the world.
As well, it was hoped that the ICC would set the highest standards of
justice and judicial processes.
Your Excellencies, As
has been demonstrated quite thoroughly over the past decade, the
good-faith subscribers had fallen prey to their high-mindedness and
idealism. I do not need to tell your Excellencies about the nightmare
my country in particular, and myself and my Deputy as individuals, have
had to endure in making this realisation.
Western
powers are the key drivers of the ICC process. They have used
prosecutions as ruses and bait to pressure Kenyan leadership into
adopting, or renouncing various positions. Close to 70 per cent of the
Court's annual budget is funded by the European Union.
The threat of prosecution usually suffices to have pliant countries execute policies favourable to these countries.
Through it, regime-change sleights of hand have been attempted in Africa. A number of them have succeeded.
The
Office of the Prosecutor made certain categorical pronouncements
regarding eligibility for leadership of candidates in Kenya's last
general election. Only a fortnight ago, the Prosecutor proposed
undemocratic and unconstitutional adjustments to the Kenyan Presidency.
These
interventions go beyond interference in the internal affairs of a
sovereign State. They constitute a fetid insult to Kenya and Africa.
African sovereignty means nothing to the ICC and its patrons. They also
dovetail altogether too conveniently with the warnings given to Kenyans
just before the last elections: choices have consequences.
This
chorus was led by the USA, Britain, EU, and certain eminent persons in
global affairs. It was a threat made to Kenyans against electing my
Government. My Government's decisive election must be seen as a
categorical rebuke by the people of Kenya of those who wished to
interfere with our internal affairs and infringe our sovereignty.
Now
Kenya has undergone numerous problems since its birth as a Republic 50
years ago. Yet over the same period, Kenya has also made tremendous
progress. It is the same in all countries of Africa. At our Golden
Jubilee, we look forward to a rebirth characterising the next 50 years,
not a ceaseless harkening to our history.
I must make
the point that we do not intend to forget, or discount the value of our
history. Rather, we do want to learn from it, not live in it. As Kenya's
President, it gives me a feeling of deep and lasting pride to know that
I can count on the African Union to listen and help in trying times.
Africa has always stood by our side.
When we faced
violent disagreements over the 2007 election result, my distinguished
predecessor, Mwai Kibaki came to you with a request for help, and you
did not stint. You instituted a high-level team of Eminent Persons who
came to our assistance.
Because of that, we were able
to summon the confidence to speak to each other and agree. As a result,
we put in place a 4-point plan, which not only put Kenya back on track,
but formed the basis of the most rapid political, legal and social
reform ever witnessed in our country.
Through it, we
successfully mediated the dispute surrounding the 2007 election and
pacified the country. A power-sharing coalition was formed with a
mandate to undertake far-reaching measures to prevent future violent
disputes, entrench the rule of law, prevent abuses of legal power and
entrench equity in our body politic while also securing justice for the
victims of the post-election violence.
We enacted a
new, progressive constitution which instituted Devolution of power and
resources, strengthened the protection of fundamental rights, and
enhanced institutional and political checks and balances. It also
provided the legal foundation for the national economic transformation
roadmap, Vision 2030.
The project of national
transformation presently underway in Kenya was given tremendous impetus
by your Excellencies' needful intervention. On the basis of this
constitution we have instituted legislation and established institutions
to realise the people's basic rights, ensure transparency and
accountability and protect the popular sovereignty of Kenyans.
A new Judiciary and electoral commission have ensured that we have credible elections and dispute resolution.
Your
Excellencies, The people of Ethiopia warn against the deplorable
presumption of chopping up meat for a lion; I cannot teach you your
work, nor force you to accept my position.
Please
institute a mechanism to empirically verify what I have told you. My
part is to thank you on behalf of the people of Kenya for your help.
After
the successful mediation of the post-election controversy in 2008,
there was disagreement over the best way to bring the perpetrators of
post-election violence to account and secure justice for the victims.
One
proposal was to set up a local tribunal to try the cases, while another
was to refer the matter to the ICC. The Mediator who had been appointed
by your Excellencies referred the matter to the ICC when the
disagreement persisted.
On the basis of this referral,
the Prosecutor stated that he had launched investigations which, he
claimed, established that 6 persons had committed crimes against
humanity. According to the Prosecutor, your Excellencies, I fall among
those men.
Your Excellencies,
From the beginning of the cases, I have fully cooperated with the Court in the earnest expectation that it afforded the best opportunity for me to clear my name. I have attended court whenever required and complied with every requirement made of me in connection with my case.
From the beginning of the cases, I have fully cooperated with the Court in the earnest expectation that it afforded the best opportunity for me to clear my name. I have attended court whenever required and complied with every requirement made of me in connection with my case.
Other
Kenyans charged before that court have similarly cooperated fully. The
Government has cooperated to the maximum; the Court itself found that
Kenya's Government has fully complied in 33 out of 37 instances, and was
only prevented from cooperating 100 per cent by legal and
constitutional constraints.
After my election, we have
continued to fully cooperate. As earlier stated, we see it as the only
means to achieve personal vindication, but also to protect our country
from prejudice. As I address your Excellencies, my deputy is sitting -
in person - in that Court.
Proceedings continue
revealing the evidence against us to be reckless figments and
fabrications every passing day. I cannot narrate quite accurately the
calculated humiliation and stigma the prosecution has inflicted on us at
every turn, within and outside the proceedings.
It is
all consistent with a political agenda, rather than a quest for
justice. For 5 years I have strained to cooperate fully, and have
consistently beseeched the Court to expedite the cases.
Yet
the gratuitous libel and prejudice I have encountered at the instance
of the Prosecution seeks to present me as a fugitive from justice who is
guilty as charged. All I have requested as President is to be allowed
to execute my constitutional obligations as the forensic side of things
is handled by my lawyers.
Even as we maintain our
innocence, it has always been my position, shared by my deputy, that the
events of 2007 represented the worst embarrassment to us as a nation,
and a shock to our self-belief.
We almost commenced the
rapid descent down the precipitous slope of destruction and anarchy.
Its aftermath was similarly an unbearable shame.
We are
a people who properly take pride in our achievements and our journey as
a nation. The fact that over that time we had lost direction, however
briefly, was traumatising.
That is the genesis of our
rebirth. Until our ascension to the Presidency of Kenya, thousands of
internally-displaced persons remained in camps.
It is
generally difficult to resettle many people owing to scarcity of land
and sensitivity to their preference. But we have undertaken to ensure
that no Kenyan will be left behind in our journey to progress.
Resettling
the IDP therefore was a particularly urgent assignment for us. Within 6
months of assuming office, we resettled all of them, and closed the
displacement camps for good. Our efforts at pacifying the main
protagonists in the PEV have similarly borne fruit.
So
much so, that the reconciliation efforts gave birth to a successful
political movement which won the last general election. This not only
speaks to the success of reconciliation, but also testifies to its
popular endorsement by the majority of the people of Kenya.
We
certainly do not bear responsibility at any level for the post-election
violence of 2007, but as leaders, we felt it incumbent upon us to bear
responsibility for reconciliation and leadership of peace.
Our
Government wants to lead Kenya to prosperity founded on national
stability and security. Peace is indispensable to this aspiration.
Reconciliation, therefore was not merely good politics; it is key to
everything we want to achieve as a Government.
Your Excellencies,
America and Britain do not have to worry about accountability for international crimes. Although certain norms of international law are deemed peremptory, this only applies to non-Western states. Otherwise, they are inert. It is this double standard and the overt politicisation of the ICC that should be of concern to us here today.
America and Britain do not have to worry about accountability for international crimes. Although certain norms of international law are deemed peremptory, this only applies to non-Western states. Otherwise, they are inert. It is this double standard and the overt politicisation of the ICC that should be of concern to us here today.
It is
the fact that this court performs on the cue of European and American
governments against the sovereignty of African States and peoples that
should outrage us. People have termed this situation "race-hunting". I
find great difficulty adjudging them wrong.
What is the
fate of International Justice? I daresay that it has lost support owing
to the subversive machinations of its key proponents. Cynicism has no
place in justice. Yet it takes no mean amount of selfish and malevolent
calculation to mutate a quest for accountability on the basis of truth,
into a hunger for dramatic sacrifices to advance
geopolitical ends.
geopolitical ends.
The
ICC has been reduced into a painfully farcical pantomime, a travesty
that adds insult to the injury of victims. It stopped being the home of
justice the day it became the toy of declining
imperial powers.
imperial powers.
This
is the circumstance which today compels us to agree with the reasons
US, China, Israel, India and other non-signatory States hold for
abstaining from the Rome Treaty.
In particular, the
very accurate observations of John R Bolton who said, "For numerous
reasons, the United States decided that the ICC had unacceptable
consequences for our national sovereignty. Specifically, the ICC is an
organization that runs contrary to fundamental American precepts and
basic constitutional principles of popular sovereignty, checks and
balances and national independence."
Our mandate as AU,
and as individual African States is to protect our own and each other's
independence and sovereignty. The USA and other nations abstained out
of fear. Our misgivings are born of bitter experience.
Africa
is not a third-rate territory of second-class peoples. We are not a
project, or experiment of outsiders. It was always impossible for us to
uncritically internalise notions of justice implanted through that most
unjust of institutions: colonialism.
The West sees no irony in preaching justice to a people they have disenfranchised, exploited, taxed and brutalised.
Our
history serves us well: we must distrust the blandishments of those who
have drunk out of the poisoned fountain of imperialism.
The
spirit of African pride and sovereignty has withstood centuries of
severe tribulation. I invoke that spirit of freedom and unity today
before you. It is a spirit with a voice that rings through all
generations of human history. It is the eternal voice of a majestic
spirit which will never die.
Kenya is striving
mightily, and wants to work with its neighbours and friends everywhere
to attain a better home, region and world. Kenya seeks to be treated
with dignity as a proud member of the community of nations which has
contributed immensely, with limited resources, to the achievement of
peace, security and multilateralism.
Kenya looks to her
friends in time of need. We come to you to vindicate our independence
and sovereignty. Our unity is not a lie. The African Union is not an
illusion.
The philosophy of divide-and rule, which
worked against us all those years before, cannot shackle us to the
ground in our Season of Renaissance. Our individual and collective
sovereignty requires us to take charge of our destiny, and fashion
African solutions to African problems.
It will be
disingenuous, Excellencies, to pretend that there is no concern, if not
outrage, over the manner in which ICC has handled not just the Kenyan,
but all cases before it. All the cases currently before it arise from
Africa.
Yet Africa is not the only continent where
international crimes are being committed. Out of over 30 cases before
the court, NONE relates to a situation outside Africa. All the people
indicted before that court, ever since its founding have been Africans.
Every
plea we have made to be heard before that court has landed upon deaf
ears. When Your Excellencies’ resolution was communicated to the Court
through a letter to its president, it was dismissed as not being
properly before the Court and therefore ineligible for consideration.
When
a civil society organisation wrote a letter bearing sensational and
prejudicial fabrications, the Court took urgent and substantial
decisions based on it. Before the ICC, African sovereign nations’
resolutions are NOTHING compared with the opinions of civil society
activists.
The AU is the bastion of African
sovereignty, and the vanguard of our unity. Yet the ICC deems it
altogether unworthy of the minutest consideration. Presidents Kikwete,
Museveni, Jonathan and Zuma have pronounced themselves on the court’s
insensitivity, arrogance and disrespect.
Leaders in my
country have escalated their anxiety to the national Parliament, where a
legislative process to withdraw altogether from the Rome Treaty is
under consideration. As I said, it would not be right to ignore the fact
that concern over the conduct of the ICC is strong and widespread.
There
is very little that remains for me to say about the slights that the
ICC continue to visit upon the nations and people of Africa. We want to
believe in due process before the ICC, but where is it being
demonstrated?
We want to see the ICC as fair and
even-handed throughout the world, but what can we do when everyone but
Africa is exempt from accountability? We would love nothing more than to
have an international forum for justice and accountability, but what
choice do we have when we get only bias and race-hunting at the ICC?
Isn’t respect part of justice?
Aren’t our sovereign
institutions worthy of deference within the framework of international
law? If so, what justice can be rendered by a court which disregards our
views?
Our mandate is clear: sovereignty and unity. This is the forum for us to unite and categorically vindicate our overeignty.
Excellencies, I turn to you trusting that we will be faithful to our charge, to each other, and to our people.
I
have utmost confidence that this Assembly’s voice will be clear to the
entire world. Like other African countries, Kenya did not achieve its
independence with ease. Blood was shed for it.
Your Excellencies,
I thank you. God Bless you. God Bless Africa. (PSCU)
I give praise to Mr Benjamin enough for his help in securing a loan to buy our new home for our family. Benjamin was a wealth of information and he helped educate me and my family as to why a home loan was the best option for our particular situation. After conferring with Benjamin and our financial advisor everyone agreed that a home loan was the perfect solution.You can contact Mr Benjamin if you also looking for any kind of loan on Email/Whatsapp: 247officedept@gmail.com Whatsapp: +1-989-394-3740
ReplyDelete