The Nation (Nairobi)

Kenya Shuns UN Vote On Death Penalty

 April 29, 2002

By John Kamau

Kenya has refused to vote for a UN resolution calling for the abolition of the death penalty.

It also declined to vote on another resolution condemning arbitrary executions.

In a communique released by the 58-member UN Commission on Human Rights at the close of its 58th session on Friday, Kenya, Cameroon, Cuba, the Democratic Republic of Congo, Guatemala, India, Senegal and Zambia abstained from voting for the abolition of the death penalty.

 It is also listed among 14 other nations that refused to take a stand on the UN resolution on arbitrary executions and impunity.

 It is not clear why Kenya refused to take a stand on the death penalty though part of the resolution asked states "which no longer applied the death penalty but maintained it in their legislation to abolish it".

 The UN resolution was, however, adopted after a 25-20 majority with eight abstentions.

 Kenya has signed the International Covenant on Civil and Political Rights but not an optional protocol abolishing the death penalty.

 The resolution had also asked members who have not signed the optional protocol to limit death penalty "to most serious crimes", not to impose it when committed by minors and to "exclude pregnant women from capital punishment".

 In a swift move, the Human Rights Watch condemned members of the UN commission for "taking the body hostage" and refusing to vote on key resolutions.

"The Commission on Human Rights has become hostage to human rights abusers," said Rory Mungoven, Human Rights Watch advocacy director. "They are dedicated to protecting themselves from scrutiny rather than upholding human rights."

Human Rights Watch warned that the commission's most important tool, its capacity to name and shame human rights violators, was rapidly being eroded. It proposed that a country which blocks investigators be excluded from commission membership.