YouSaid · the spoken record

Nyakoe

lines on the record

33

first

2021-06-09

most recent

2022-12-12

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8

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un-security-council

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1. “We also want to assure the Mechanism that as we leave the Security Council at the end of this year, our support will continue within a clear plan for the Mechanism’s work that corresponds to the Council’s vision.”

   2022-12-12 · UN Security Council · Security Council, S/PV.9217 (2022) · source

2. “We encourage international support in that regard, running in parallel with the judicial processes but structured to outlive them. Inclusive national dialogues should therefore be woven into national processes. Similarly, we call on the United Nations and other international partners to provide support to the States affected in strengthening their national investigative, prosecutorial and judicial capacities, which is in line with the primary responsibility of States to ensure justice and accountability for their peoples. Kenya thanks the delegation of Gabon, under the leadership of Ambassador Biang, for ably and successfully steering the work of the Informal Working Group on International Tribunals. In conclusion, we reaffirm Kenya’s support for the work of the Mechanism, while encouraging the speedy conclusion of its work.”

   2022-12-12 · UN Security Council · Security Council, S/PV.9217 (2022) · source

3. “Given the responsibility we all collectively have to ensure accountability for war crimes and genocide, we urge all States to cooperate with the Mechanism in its efforts to apprehend the remaining fugitives. As we stated at the Security Council meeting on 14 June (see S/PV.9062), we reiterate our belief that more effort should be put into preventive processes and mechanisms. One of the greatest fears of people who have suffered atrocities such as those covered under the Mechanism is the possibility that they may recur. One of the best ways of offering assurance that this will not happen and actually preventing it from happening is by investing in national reconciliation and early-warning and preventive mechanisms.”

   2022-12-12 · UN Security Council · Security Council, S/PV.9217 (2022) · source

4. “The vision of the Security Council was for the Mechanism to be a small, temporary and efficient structure, whose functions and size will diminish over time. This remains inseparable from the aims of justice and accountability and was re-emphasised by the Security Council through resolution 2637 (2022). We therefore acknowledge the progress that the Mechanism has made towards the completion of that work and continue to urge it to move quickly to complete the remaining cases. With the commencement of the trial in the Félicien Kabuga case, it is the expectation of the survivors and families of victims in particular that the completion of the case will provide a considerable degree of closure. It should also help to bring them the healing they desire and to solidify the gains made in reconciliation processes.”

   2022-12-12 · UN Security Council · Security Council, S/PV.9217 (2022) · source

5. “I thank Judge Graciela Gatti Santana, President of the International Residual Mechanism for Criminal Tribunals and Prosecutor Serge Brammertz for their briefings and in-depth assessments of the progress of work of the Mechanism. This being the first time that Judge Gatti Santana briefs the Security Council in her capacity as President of the Mechanism, my delegation would like to congratulate her on her appointment and wishes her a successful tenure of service. I welcome the participation of the representatives of Serbia, Rwanda, Croatia and Bosnia and Herzegovina in this meeting. Kenya supports the work of the Mechanism established under resolution 1966 (2010) and renewed under resolution 2637 (2022).”

   2022-12-12 · UN Security Council · Security Council, S/PV.9217 (2022) · source

6. “They all have their own perspectives, diagnosis and solutions. Combined, and regularly in competition, they undermine the peace and security of Libya. We therefore urge all international support to be channelled through that United Nations-led process. We also call on the people of Libya to make use of that framework of support for their collective benefit. Finally, we reaffirm our firm support for the people of Libya. We are committed to a truly Libyan-led and Libyan-owned peace process, built upon respect for Libya’s territorial integrity and sovereignty.”

   2022-10-28 · UN Security Council · Security Council, S/PV.9173 (2022) · source

7. “During the last briefing on the situation in Libya on 24 October (S/PV.9162), we emphasized the need for the United Nations Support Mission in Libya to have a substantive one-year mandate. Kenya voted in favour of resolution 2656 (2022), which responds to that need. It provides the stability and predictability for the Special Representative of the Secretary-General for Libya to lead the Mission and steer international support to the peace process with greater certainty. It also demonstrates a welcomed unity of purpose by the Security Council. We thank the United Kingdom and fellow members of the Council for their constructive engagement in the negotiations. The Libya peace process is complex at a national level and made more so by the involvement of competing external interests.”

   2022-10-28 · UN Security Council · Security Council, S/PV.9173 (2022) · source

8. “Strengthening the good offices of the Secretary-General and linking them operationally and strategically to Africa’s improving architecture would be an immense win for peace. We urge other regions to take steps to develop and deploy similar regional arrangements for early warning, prevention and the resolution of disputes. Lastly, I reaffirm Kenya’s commitment to the purposes and principles of the Charter and our support for the independence and impartiality of the Secretary- General and his staff.”

   2022-10-26 · UN Security Council · Security Council, S/PV.9167 (2022) · source

9. “That would be key to preventing and minimizing actions that are contrary to the Charter and international law. The third way to strengthen those good offices involves the need to continually strengthen regional good offices. Article 33 of the Charter recognizes the important role of regional agencies and arrangements in dispute resolution. Strong regional mechanisms have increasingly played a key role in preventing the escalation of conflicts and their termination in the Security Council. We are proud of Africa’s peace and security architecture and its deployment of multilayered and coordinated good offices. From the Chairpersons of the African Union and the African Union Commission, the Panel of the Wise and the regional economic communities, it offers options and redundancies for the protection of peace and security.”

   2022-10-26 · UN Security Council · Security Council, S/PV.9167 (2022) · source

10. “The resolution also recognizes the Secretary- General’s fact-finding capabilities and requires him to monitor the state of international peace and security in order to provide early warning and to share relevant information with the Security Council, while making use of the information-gathering capabilities of the Secretariat. The Security Council must make use of the reservoir of capabilities of the Secretary-General to contribute to the effectiveness of its discussions and decisions. In the situation in Ukraine, rather than argue about the facts on the ground here in the Council, where most members have no independent means to ascertain their veracity, we challenge the conflicting parties to agree to United Nations fact-finding and verification.”

    2022-10-26 · UN Security Council · Security Council, S/PV.9167 (2022) · source

11. “His or her doing so is a duty that cannot be shirked, and therefore the Secretary-General’s good offices should not be marginalized from the mediated settlement of conflicts. That should be the case with regard to the war in Ukraine or other wars involving members of the Council. The second way to strengthen those good offices concerns the appreciation and use of the Secretary General’s fact-finding capabilities. In order to strengthen the role of the United Nations and enhance its effectiveness in maintaining international peace and security, the General Assembly adopted resolution 46/59, of 9 December 1991, which recognizes the need for the Security Council to have knowledge of all relevant facts in performing the functions relevant to its mandate.”

    2022-10-26 · UN Security Council · Security Council, S/PV.9167 (2022) · source

12. “We propose three ways to strengthen those good offices. The first way to strengthen those good offices is to redefine the impartiality and protect the independence of the Secretariat. The reason that Article 100 protects the Secretary-General and the staff from external influence or instruction is not just because they are a neutral referee. It is to enable them to speak truth to power in the defence of the letter and spirit of the Charter. In practice, that means the membership appreciating the fact that the Secretary-General is not partial to a party to a conflict when he speaks up about its outrages against the Charter. The Secretary-General must be fully partial to the Charter and should fully exercise Article 99 without regard for the approval or disapproval of any State, no matter how pivotal in global affairs.”

    2022-10-26 · UN Security Council · Security Council, S/PV.9167 (2022) · source

13. “It appears that there is now a fully formed view that the Secretariat’s impartiality equals standing on the halfway line between conflicting parties. However, that is not what the Charter of the United Nations means by impartiality. Instead, the Secretary-General and the Secretariat are an independent organ, whose first and last loyalty is to the upholding and defence of the Charter. Even as we push for urgent Security Council reform, we acknowledge that a more urgent task is the membership rededicating itself to the principles of the Charter. Otherwise, multilateralism as expressed in the United Nations is unlikely to come close to meeting that promise. We propose that the most important starting point is to renew our respect and utilization of the Secretary- General’s good offices for the prevention and resolution of conflicts.”

    2022-10-26 · UN Security Council · Security Council, S/PV.9167 (2022) · source

14. “With regard to the war in Ukraine, which is the reason for today’s meeting, the Secretary- General’s good offices were consequential in achieving the important Black Sea Grain Initiative. However, they have not been engaged in negotiations to end the war. In our view, one of the reasons for that is the impact of years of Member States questioning the Secretariat’s impartiality and eroding its independence. The most powerful States, including some members of the Council, have played a disproportionate role in that unfortunate trend. Prominent examples of that situation, during our current term on the Council, are the claims and counter-claims of compromised impartiality when the Secretariat reports on disarmament, proliferation and banned weapons in Syria.”

    2022-10-26 · UN Security Council · Security Council, S/PV.9167 (2022) · source

15. “I thank Under-Secretary- General Miguel de Serpa Soares for his briefing. I also thank the Russian Federation for initiating today’s meeting. It provides an opportunity for member States to assess the challenges and opportunities of a strong and independent Secretariat, particularly with regard to the good offices of the Secretary-General. Humankind needs a strong, independent Secretariat and good offices of the Secretary-General that are credible and respected. They are needed to intervene, mediate, provide relief in conflict situations and emergencies worldwide, and respond to the urgent call for development. Over time, the demand for the Secretary-General’s good offices, whether expressly provided for, such as under resolution 2646 (2022) or through his envoys, has been growing.”

    2022-10-26 · UN Security Council · Security Council, S/PV.9167 (2022) · source

16. “Finally, Kenya assures the people of the Sudan of its continued solidarity and cooperation as they seek sustainable peace, development and justice for all.”

    2022-08-23 · UN Security Council · Security Council, S/PV.9113 (2022) · source

17. “We also call on the international community to extend support, including through shared lessons and best practices in transitional justice, including accountability for human rights violations. The African Union has encouraged its members to do so. We urge that similar investment be made in national dialogue and reconciliation to guarantee longer-lasting peace. We note in the Prosecutor’s report the intention to increase cooperation and dialogue with the African Union under a renewed strategy. We believe that regional initiatives and effort are necessary in providing a broader spectrum of practical avenues for justice and accountability. As envisaged in resolution 1593 (2005), that should be given more focus. We look forward to hearing from the Prosecutor about the outcomes of such dialogue.”

    2022-08-23 · UN Security Council · Security Council, S/PV.9113 (2022) · source

18. “We urge the people of the Sudan to be steadfast in that resolve, which is critical for their quest for peace and shared prosperity. But we remain cognizant of the complex political environment upon which those efforts are set, especially after the events of October last year. Therefore, we urge that international efforts and engagements be mindful of the need to protect each of the achievements of the Sudan, borne of the aspirations of its people. Kenya’s position remains clear. It is important to invest in strengthening the national judicial and legal capacity of the Sudan so that it is able to take the lead in the responsibility of ensuring justice and accountability in line with the principle of complementarity. To that end, the Court can do more to support the Sudan.”

    2022-08-23 · UN Security Council · Security Council, S/PV.9113 (2022) · source

19. “I thank Mr. Karim Khan, Prosecutor of the International Criminal Court, for his briefing and take note of his thirty-fifth report. I welcome the presence of the representative of the Sudan in this meeting. At the heart of the peace process in the Sudan are a people whose efforts towards rebuilding peace in their country is evident. That includes addressing transitional justice issues and pursuing national reconciliation. The people of the Sudan have injected considerable investment into their national institutional and legal frameworks, responding to international efforts under resolution 1593 (2005) in that regard. The establishment of the Truth and Reconciliation Commission in relation to Darfur and the Special Court for Darfur Crimes, under the Juba Peace Agreement, are among such responses.”

    2022-08-23 · UN Security Council · Security Council, S/PV.9113 (2022) · source

20. “We note the Prosecutor’s preliminary assessment of the crimes against migrants and look forward to further reporting on that investigation line. Finally, we reassure the people of Libya of our support in seeking peace in a Libyan-led, Libyan- owned peace process and reaffirm our commitment to the sovereignty and territorial integrity of Libya.”

    2022-04-28 · UN Security Council · Security Council, S/PV.9024 (2022) · source

21. “We also call for increased support to Libya in strengthening its national capacity for investigations, prosecution and the judiciary. Thousands of migrants, asylum seekers and refugees continue to suffer great indignity and inhumane treatment, reportedly at the hands of those in authority and criminal networks alike, both within and outside Libya. Given the extraregional interest in the migration trends across the Mediterranean Sea into Europe, the current policies of such countries offering assistance to stem this migration are superficial and do not address its root causes. We call on the European Union and other interested parties to instead seek to honestly address the push factors of such migration.”

    2022-04-28 · UN Security Council · Security Council, S/PV.9024 (2022) · source

22. “I thank Prosecutor Khan for his briefing. I welcome the participation of the Permanent Representative of Libya in this meeting. Accountability and justice are among the cornerstones of a stable and peaceful nation. For a country that has experienced protracted conflict, the need for accountability and justice becomes even more compelling. Libya retains the foremost responsibility to ensure accountability and the delivery of justice within its boundaries. Therefore, while acknowledging the role of regional and international mechanisms, including through resolution 1970 (2011), Kenya emphasizes the need for such cooperation and assistance to be extended within the parameters of the principle of complementarity.”

    2022-04-28 · UN Security Council · Security Council, S/PV.9024 (2022) · source

23. “In addition, we strongly recommend that this transfer of knowledge be undertaken parallel to investment in national dialogue and reconciliation. Finally, Kenya recalls that resolution 1593 (2005) invited the Court and the African Union to discuss practical arrangements to facilitate the Court’s work, including the possibility of conducting proceedings in the region. We would like to hear from the Prosecutor the progress of such arrangements with the African Union.”

    2022-01-17 · UN Security Council · Security Council, S/PV.8948 (2022) · source

24. “We believe that the International Criminal Court, in its engagement with the Sudan, should embrace the aspirations of the Sudanese people, as reflected in their established and desired justice and accountability processes. The Court can do more to support the principle of subsidiarity by investing in strengthening the national judicial and legal capacity of the Sudan. As the Sudan works to strengthen its national institutional and legal frameworks, it should be benefit from international support, as provided for under resolution 1593 (2005). Ideally, such support would be in keeping with the African Union’s call for African Union member States to share with the Sudan their lessons and best practices in transitional justice, including accountability for human rights violations, through a truth and reconciliation process.”

    2022-01-17 · UN Security Council · Security Council, S/PV.8948 (2022) · source

25. “I thank Mr. Karim Khan, Prosecutor of the International Criminal Court, for his briefing and report, and I welcome the presence of the representative of the Sudan in this meeting. The people of the Sudan are having a promising yet volatile national dialogue on the nature of Government, democracy, justice and accountability. They seek to weld those elements together so that their totality can support peace and the development of shared prosperity. That is clearly reflected in the Juba Peace Agreement, which includes a particular focus on transitional justice and national reconciliation and was advanced by the operationalization of the Truth and Reconciliation Commission in relation to Darfur and the Special Court for Darfur Crimes.”

    2022-01-17 · UN Security Council · Security Council, S/PV.8948 (2022) · source

26. “We also acknowledge the efforts of the Mechanism in resolving that long-standing issue. We look forward to the conclusion of the evaluation of the methods and work of the Mechanism by the Office of Internal Oversight Services, in line with resolution 2529 (2020), to inform the Council’s review of the Mechanism’s progress of work in 2022. We also look forward to the report on the implementation of the recommendations from the previous evaluation. Finally, Kenya thanks Viet Nam for successfully steering the Informal Working Group on International Tribunals during its tenure.”

    2021-12-13 · UN Security Council · Security Council, S/PV.8927 (2021) · source

27. “We urge the Secretary-General and other relevant, multilateral and regional actors to pursue every avenue to assist States that need capacity-building in this regard. The best prevention against genocide is to limit political cultures that weaponize social, cultural, ethnic and religious differences and present political competition as reflective of these identities. We urge States to build tools into their national laws, electoral processes and legal mechanisms that inclusively manage diversity. States also need to cooperate with the Mechanism to apprehend the remaining fugitives pursuant to its improved tracking capability. Still regarding cooperation, Kenya commends the Government of the Niger for accepting all nine acquitted or released persons who were in the Mechanism’s custody.”

    2021-12-13 · UN Security Council · Security Council, S/PV.8927 (2021) · source

28. “The delivery of judgments in three key cases and the conclusion of one case under the constrained precautionary pandemic working arrangements are commendable. We note that the judicial workload of the Mechanism has been significantly reduced by the work undertaken since the last briefing (see S/PV.8790). We therefore urge speedy completion of the remaining cases to help survivors and families of victims find closure and create an environment conducive to reconciliation. The Mechanism was created as a small, temporary and efficient structure. It has shown its value but can never replace or mirror the mandate of national authorities. It is important that States do their utmost to strengthen their judiciaries as a critical pillar in nation-building, development and conflict prevention.”

    2021-12-13 · UN Security Council · Security Council, S/PV.8927 (2021) · source

29. “I thank Judge Carmel Agius, President of the International Residual Mechanism for Criminal Tribunals, and Mr. Serge Brammertz, Prosecutor, for their briefings. I welcome the presence of representatives of Bosnia and Herzegovina, Croatia, Rwanda and Serbia in this meeting. Kenya supports the work of the Mechanism as important to advancing accountability for war crimes and genocide. We reaffirm our support for the Mechanism’s mandate, as renewed by resolution 2529 (2020). We were reminded of its importance last week, on 9 December, when the world marked the International Day of Commemoration and Dignity of the Victims of the Crime of Genocide and of the Prevention of This Crime. We acknowledge the progress achieved by the Mechanism in its judicial functions during the reporting period.”

    2021-12-13 · UN Security Council · Security Council, S/PV.8927 (2021) · source

30. “Fatou Bensouda as she successfully completes her tenure as the Prosecutor of the International Criminal Court in a couple of days. We wish her success in her future endeavours.”

    2021-06-09 · UN Security Council · Security Council, S/PV.8791 (2021) · source

31. “Alongside the strengthening of the national judicial capacity for the Sudan, we encourage similar investment into national dialogue and reconciliation processes for the sustainability of the peace process. Kenya recalls the Security Council’s invitation to the Court and the African Union to discuss practical arrangements that will facilitate the Court’s work, including the possibility of conducting proceedings in the region, under resolution 1593 (2005). We would like to hear from the Prosecutor the status of engagement with the AU, if any, to that end, particularly given that, under article 1 of the Rome Stature, the International Criminal Court is complementary to national criminal jurisdictions, Finally, we take this opportunity to congratulate Ms.”

    2021-06-09 · UN Security Council · Security Council, S/PV.8791 (2021) · source

32. “At its meeting of 13 April, the African Union (AU) Peace and Security Council acknowledged the readiness of the transitional Government to address issues relating to transitional justice, including accountability for human rights violations, through a truth and reconciliation process. They called on AU member States to share with the Sudan experiences, lessons and best practices. Kenya sees that as a critical step towards reconciliation, unity, peace and stability in the Sudan. We therefore commend the Sudan for the operationalization of the Truth and Reconciliation Commission in relation to Darfur and the Special Court for Darfur Crimes.”

    2021-06-09 · UN Security Council · Security Council, S/PV.8791 (2021) · source

33. “I thank Ms. Fatou Bensouda, Prosecutor of the International Criminal Court, for her briefing. I also welcome the presence of the Permanent Representative of the Sudan at this meeting. Kenya commends the people of the Sudan for their steadfast commitment to rebuilding peace in their country, including in addressing issues relating to transitional justice and national reconciliation. We also take note of the positive steps that the Sudan is taking towards ensuring that its national institutional and legal framework is supportive of international efforts, in accordance with resolution 1593 (2005). It is important that those efforts be reciprocated, as provided for by the resolution.”

    2021-06-09 · UN Security Council · Security Council, S/PV.8791 (2021) · source