Published here is the speech given by the American Ambassador Michael Ranneberger at the Law Society of Kenya dinner yesterday.
I cannot think of a more
appropriate venue at which to deliver remarks regarding the current situation.
You have grown from a society of less than 30 members in 1949 to become the
largest and most respected bar association in East Africa. You have helped shape the national debate on a wide
range of issues including multi-party democracy, corruption, land reform, and
constitutional reform, among others. Your voices have been prominent and have
thoughtfully influenced efforts to resolve the crisis of the past two months.
Your voices will continue to resonate as the country tackles the challenging agenda
before it.
I make my remarks in the
spirit of the strong partnership and friendship between the United States and Kenya. We want to see Kenya sustained on its democratic path because that is in
the best interests of all Kenyans, and because it is in our interest too. I
truly believe that the profound crisis that Kenya experienced provides an opportunity for the country
to emerge with stronger democratic institutions, a more cohesive society, and
an even more vibrant economy that can more equitably benefit all citizens. I am
confident that Kenyans will seize this historic opportunity. My optimism is
based on the substantial record of democratic achievement of the past five
years, and on the successful way in which Kenyans resolved the electoral
crisis. Although the crisis unmasked long-simmering underlying problems, it
also revealed underlying strengths.
Kenya's Democracy --
Underlying Problems, Underlying Strengths
Few
other African countries and few other developing countries anywhere in the
world could have survived the tremendous strains placed on their institutions
by such a political crisis. The underlying strengths that helped Kenyans pull
through include a dynamic civil society, strong religious institutions, the
highest functional literacy rate in Africa, the
enormous democratic space opened up since the 2002 elections, a forthright
media, an increasingly modern and booming private sector, and a high rate of
economic growth, to name just a few. Yet another important institutional
strength of Kenya
must be noted: the highly professional armed forces, whose integrity and
professionalism shone throughout the crisis. Despite all the of problems many
prefer to dwell on - including the undeniable inequity in the distribution of
resources, corruption, and ethnic politics - Kenyans have remained
remarkably engaged in the political process, as evidenced by the high turnout
in the elections.
Four factors brought the
parties to the negotiating table and produced a positive outcome. First and
foremost, this democratic spirit was felt as Kenyans across the economic,
social, ethnic, and political spectrum made their voices heard. The people sent
a clear message to their leaders on both sides that they wanted a political
solution to end the violence and return the country to a path of progress.
Kenyans' voices were heard through civil society, religious groups, the media,
and the private sector. Kenyans placed remarkable pressure on the political
leadership of both sides. Second, international pressure complemented this
domestic outcry, and made clear to both sides that there was no viable alternative
other than a political accord. Secretary of State Rice and Assistant Secretary Frazer
traveled to Kenya to bolster the efforts of the African Union and Kofi Annan and urge an
immediate end to violence. Third, President Kibaki and Honorable Odinga are essentially
pragmatic politicians who have worked together before and who realized that they
are accountable to the people. They saw that sharing power was the only way to prevent
the country from slipping into chaos and isolation. Fourth, the negotiations greatly
benefited from the skillful and forceful direction of Kofi Annan and his team. Kenya and friends of Kenya are grateful for their important contribution to peace
in this country.
Kenyans should be
justifiably proud that they have been able to find a way back from the edge of
the abyss and sustain the country on a democratic path. The prevailing mood I sense
in Nairobi and across the nation is one of immense relief, with
a positive focus on the way forward. I found this to be true in the Rift
Valley, during my visit on March 1st and 2nd. One highlight of that visit was speaking to several thousand primarily
Kikuyu internally displaced persons at their camp and later - not more than one
kilometer away - speaking at a peace rally attended by thousands of Kalenjins.
My remarks to both groups about the need for reconciliation, support for
implementation of the political accord, and justice were well-received.
The Way Forward
I am proud that the United States stood shoulder-to-shoulder with Kenya in its darkest hour, at times pushing both sides
harder than they wanted to be pushed, because that is what a real friend does.
In that same spirit of friendship, let me offer my thoughts on the steps that
need to be taken quickly in order to maintain momentum.
First, President Kibaki and
the Honorable Odinga must work together effectively to put in place the
coalition government in a way that reflects the letter and spirit of the agreements
signed. Government positions must be equitably shared but, even more importantly,
immediate steps must be taken to carry through with the ambitious reform and
national policy agendas, particularly with respect to constitutional,
electoral, and land reform.
Second, a transparent
process must be put in place to begin work on the reform agenda, to be
completed within a designated timeframe. Work on the reform agenda needs to be inclusive,
particularly through consultation with civil society.
Third, the Parliament must
quickly pass the necessary legislation to make the coalition structure legal
and constitutional. Let us not forget that well over 60 percent of all sitting MPs
are newcomers who are being asked, without the benefit of orientation or
training, to implement some of the most important legislation in Kenya's history, and then to deal with sweeping and long
overdue reforms. The dynamic leadership of Honorable Speaker Marende and the
political will - and goodwill -- of parliamentary leaders will be required to
move forward quickly.
Fourth, political leaders,
elders, and the respected personalities of Kenyan society from the top down
must cooperate to send unequivocal messages on the importance of rapid reconciliation
between communities and individuals. I urge President Kibaki and Honorable
Odinga to undertake joint visits to encourage reconciliation, and to lead by example.
Fifth, urgent practical
steps must be taken to advance the process of reconciliation by helping the
country deal with the havoc wreaked during the crisis. This includes returning
people to their homes in conditions of peace and safety as quickly as possible,
and restoring their livelihoods. While returns must be voluntary, the right of
every Kenyan to live and to own property anywhere in the country must be
assured. Returning displaced to their so-called "ancestral homelands" is not a
viable option politically, socially, or economically. Diversity is one of this
country's greatest strengths and it must be cherished. If people cannot return
to their homes, it will validate violence and weaken the fabric of the nation.
At the same time, appropriate assistance should be provided for all areas of
the country affected by violence.
Sixth, steps to promote
reconciliation must include establishing a legally independent
Peace, Truth, and Justice
Commission and holding those responsible accountable under the law. Kenyans are
giving real meaning to my favorite verse in your national anthem: haki iwe ngao
na mlinzi (justice is my shield and defender). One of the most important results
of the mediation process was agreement to examine Kenya's history of violence and the long-stranding
grievances which fuel it. The proposed Peace, Truth, and Justice Commission
must provide a meaningful channel for Kenyans to address both recent and historical
injustices. In conjunction with Kenya's criminal courts, this process must determine what
happened during the recent violence and hold those accountable who organized,
financed, and perpetrated the violence. Land issues are the basis of many of the
long-standing grievances and the causes of violence. Instituting a process of
land reform will be critical to fostering reconciliation and building long-term
peace in Kenya.
Seventh,
the Independent Review Commission charged with investigating the conduct of the
2007 general elections must credibly complete its work within the proposed timeframe.
Chain of custody issues make it highly likely that we will never know what the actual vote was, but
determining where and how the electoral system broke down is vitally important
to fixing it and restoring Kenyans' confidence in the democratic system.
Eighth, the crisis put into
sharp relief the plight of youth, and that problem must be addressed. The
massive unemployment among youth provided fuel for violence. A national youth
agenda needs to expand vocational training and employment. Ninth, concerted
efforts must be made to get the economy back on track.
Only an inclusive process
can turn the crisis that the country experienced into an opportunity. It will
be up to you and to all Kenyans to insist that this be the case.
President Kibaki and
Honorable Odinga have found the political will to share power within a "grand
coalition" government. How long this political will endures depends entirely on
whether Kenyans take immediate and decisive advantage of the momentum at hand. Kenya has a finite window of time to address an ambitious
reform agenda. Perhaps the most important item on the reform agenda is
constitutional change. Kenyans relentlessly debated almost every salient issue
during the 2005 referendum, and did so after a broad consultative process. This
shared national experience should give Kenya's new parliamentary leaders a running start on
resolving even the most difficult issues at hand. LSK's Constitutional Law
Committee Report of 2006 makes it perfectly clear,however, that - this time -
constitutional reform must be gotten right. In the report, you said: "[T]he
ramifications of the failed 2005 referendum ... was a national catastrophe in which
everybody lost. Billions of shillings of public money set aside for the constitutional
review process were lost.... And worst of all, we emerged from the referendum a
nation severely torn by ethnic balkanization." Obviously, the stakes are an order
of magnitude higher today. There can be no second failure.
While the current political
accord justifiably focuses primarily on constitutional, electoral, and land
reform, it is important not to loose sight of other pressing issues which must
be addressed. These include intensified and more effective efforts to combat corruption;
continued liberalization of the economic sector; and promoting gender equity, among
others. There is an urgent need for reform in the judicial sector as has been
made clear by the Chief Justice himself. This will require providing more
resources for the judiciary, tackling judicial corruption by ensuring
transparency and accountability, and making judicial proceeding more efficient
and open. With an efficient, transparent and non-partisan justice system,
Kenyans will no longer feel forced to take the law into their own hands. I
salute the LSK's leadership in the fight for legal and judicial reform.
Democracies in Crisis -
the American Experience
The fact that Kenya has experienced such a fundamental crisis does not
mean that the democratic progress made during the past five years was an
illusion or that in some way Kenya is a fundamentally flawed country. Almost all
democracies have experienced crises of similar or greater magnitude. Our own
experience as Americans helps us understand what transpired here.
The experience of the Great
Depression in my country exemplifies how a galvanized political leadership,
sharing a unity of purpose, can move an entire country from fear and misery to
prosperity and national renewal. Assuming the presidency almost 75 years ago to
this very day and at the depth of the Great Depression, Franklin Delano
Roosevelt vividly described the America he saw at the time of his inauguration: "[T]he
withered leaves of industrial enterprise lie on every side, farmers find no
markets for their produce, the savings of many years in thousands of families
are gone. More important, a host of unemployed citizens face the grim problem
of existence, and an equally great number toil with little return." When
President Roosevelt memorably went on to state that, "the only thing we have to
fear ... is fear itself," he was really asking Americans to have faith in their
government and - most especially - in each other. Capitalizing on broad support
from Republicans and Democrats alike, FDR passed an extraordinary amount of legislation
during his first 100 days in office. The New Deal, as it became known, reformed
the very fabric of American business and society. The New Deal created jobs, including
through a National Youth Administration. It included passage of sweeping farm
and ranch policies. The New Deal transformed our nation, and America emerged
from a profound crisis with
stronger institutions.
Another American experience
also exemplifies how crisis can be turned into opportunity for national
renewal. After the Reverend Dr. Martin Luther King was assassinated in1968,
many of the largest U.S. cities erupted into violence. This became so serious
that military forces had to be deployed to restore order. The assassination was
the spark that set off the riots, but the violence reflected the anger of the
black population of the United States regarding underlying grievances not resolved since
the Civil War 100 years before. Once again, Americans rose to the challenge and
seized the opportunity for fundamental change. Poverty programs were expanded,
urban problems were addressed, the inner cities were rebuilt, and civil rights
legislation was passed. As a result, our country again emerged with stronger
institutions, a stronger economy, and a more inclusive society.
Kenya, the U.S., and the Global Community
The extraordinary amount of
attention Kenya received during the crisis reflects its importance
in the regional and global context. The crisis demonstrated that Kenyan stability
is critical to the economies and the stability of the entire region. Kenya is home to the most effective peacekeeping training
facility in the region. Kenya's leadership on Sudan directly led to the Comprehensive Peace Agreement.
The Nairobi Accord helped the governments of DRC and Rwanda adopt a common approach toward eliminating the threat
posed by rebel forces. Bringing stability to Somalia requires Kenyan influence and assistance. Kenya is now uniquely positioned to show the region and
the world that through dialogue and a commitment to reform it is possible to
rise above political crisis and come out even stronger than before.
Earlier
this week I met separately with President Kibaki and Honorable Raila Odinga to discuss
the way forward. As a result of those conversations, I am convinced that both men
understand the opportunity at hand. They recognize that the seeds of Kenya's
future
must be planted now, and
share a sense of urgency. I told them that we want to help. We are moving
quickly to amplify the U.S.-Kenyan partnership, which already results in about
$2 billion of resource flows from the United States to Kenya each year. We will make a concerted effort to
encourage expanded trade, investment, tourism, and cultural and educational
exchanges.
I am pleased to announce
that the United
States
will provide an additional $25 million in funding for reconciliation and
reconstruction. This $25 million is in addition to the $14 million in immediate
humanitarian assistance the United States has provided since January. This $25 million will be
used to: promote dialogue and reconciliation; facilitate the return of the
displaced to their homes and resumption of their livelihoods, as well as assistance
with related infrastructure and youth agenda programs; support for implementation
of the coalition accord, particularly carrying through with the reform agenda;
and assistance for key governance programs, including strengthening the Parliament
and supporting as appropriate establishment of the new office of the Prime Minister.
We will, of course, consult closely with the coalition government and civil society
as we move ahead.
Secretary of State Rice has
also pledged to encourage other donors and international financial institutions
to provide the support that Kenyans require in order to turn the crisis they
experienced into an historic opportunity. Greater involvement by the
international community will help to ensure that institutional reform is
carried out in a timely manner.
In doing so, we will be
supporting a Kenyan agenda implemented by Kenyans - and not one imposed from
outside. International support will, of course, be linked to good faith efforts
to implement the political accord and reform agenda. This will complement the desire
of Kenyans to hold their leaders accountable.
Kenya
stands at a defining moment in its history. The political accord is the first
step on what will be a long and challenging journey - but the United
States will travel it with you.
We are confident about Kenya's
future, even "bullish." I wish the Law Society of Kenya
and the Kenyan people well as you continue to pursue your democratic experiment
- one that Americans continue to pursue after 232 years of independence.
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I hate to fault the great ambassador in some points, but he needs to be more specific. It's not really the youth (by defn. male and female) who caused so much havoc but specifically young men.
Sure all youth need employment but young men need to be addressed specifically. We might need a young men fund, the way we have a women and youth fund.I also want to ask, how it is that the Kenyans made their voices heard.
As far as I'm concerned the ones who made the most if not all the noise were the ones who were burning, raping and looting.That is really nothing to be proud of, if truth be told.