Canada must do more than 'deplore' violence in Kenya

By Dr. Keith Martin MD and Errol P. Mendes, The Hill Times - February 11, 2008

After over a week of post-election violence and what has been called increasing racial hatred, more than 300,000 people have been displaced and more than 800 are dead following Kenya´s disputed Dec. 27 elections. Most of the world seems to be standing by helplessly watching the unravelling of one the world´s most beautiful and blessed countries. This is not a response that will save lives and avert a catastrophe, as we saw in Rwanda, Sudan and the Congo. Rather than sit by and watch the crisis unfurl, Canada can choose to show leadership and moral authority in the world by urging the international community to do the following:

Both the winner of the rigged election, President Mwai Kibaki and the leader of the opposition, Raila Odinga are responsible either directly or indirectly for the death and destruction Kenya is enduring in their quest for the spoils of victory from the contested election. The increasing racial tensions and clashes between anti-government protesters and Kenyan security forces pose a serious threat to the lives of innocent Kenyans as they are forced from their homes and into makeshift camps.

There, they face hunger, deprivation, and brutal reprisals. UN officials in Nairobi claim that more than 500,000 Kenyans need urgent help. The recent increase to more than $3-million in emergency assistance Canada is providing to the Kenyan Red Cross is welcome to the scrambling humanitarian organizations. Much more resource for the ICRC and World Food Program are needed to ensure food and other essentials reach refugees in the Rift Valley area. But more than limited funds and distant words of concern are needed.

Canada should first rally the international community to make it clear that such spoils of victory will be illusory for a country that is at present, and in the future will continue to be, heavily dependent on foreign trade, investment and good standing with the international financial and donor community.

Active steps can be taken within the trading, investing, and donor countries, together with the international financial institutions such as the World Bank and the International Monetary Fund, to warn both leaders that if they do not come to a peaceful solution to the crisis, neither can expect to have the financial, trade and investment assistance that the country needs. Such isolation will ultimately make leading the country not very rewarding, and even potentially dangerous to the sustainability of their coveted leadership prize.

Second, Canada should call for an immediate crisis meeting of the Commonwealth Ministers Action Group (CMAG) to discuss invoking targeted sanctions by Commonwealth countries against both Mr. Kibaki and Mr. Odinga if they do not rein in their supporters who are engaged in a killing spree across tribal lines and to warn Mr. Kibaki that there are limits to the use of deadly force by police against the civilian population under international humanitarian and human rights laws.

Both leaders could face international criminal justice if they are complicit in the gross human rights abuses committed by their followers. The CMAG group can also send the message that Kenya risks expulsion from the Commonwealth if these leaders fail to act in good faith to stabilize their country.

The CMAG group can also work with and promote the mediation efforts of former secretary general Kofi Annan who has managed to get both leaders to agree to de-escalation of the violence. However, given the continued violence among their followers, there is need for an international peacebuilding force to ensure such de-escalation actually occurs on the ground.

For this reason, thirdly, Canada should also call on the AU, the Commonwealth and the UN for consideration of the deployment of a United Nations Multinational Standby High Readiness Brigade (SHRBRIG) force to the area.

The brutal treatment of demonstrators and opposition leaders by the Kenyan security forces in their handling of the current situation is increasing the severity of the crisis. Opposition leaders doubt the neutrality of both the police and the army. This is an optimal opportunity for the UN´s SHRBRIG to assist Kenyan security forces to neutralize the ongoing violence and help to relieve racial tensions. As diplomatic talks ensue with key stakeholders and leaders, security for civilians on the ground must be provided. A heavily AU-supported SHRBRIG force can be an answer to this unrest.

Fourth, Canada should offer Mr. Odinga and Mr. Kibaki the internationally-recognized capabilities of Elections Canada to assess whether Kenya´s December election was free and fair. If irregularities occurred, as is widely believed, either a recount could be done on the votes cast, or if this is unavailable, another vote could take place. If re-voting is to occur, Canada can offer election observers and expertise through Elections Canada to ensure this exercise in democracy occurs in a manner that is respected by the Kenyan people.

Our young men and women are risking their lives and showing incredible courage in the struggle for a stable society and human rights in Afghanistan. Surely our politicians and leaders can venture some distance to match such leadership and courage and avert a potential bloodbath in the ever deepening crisis of stability and human rights in Kenya?

Liberal MP Keith Martin is his party´s critic for international development and represents Esquimalt-Juan de Fuca, B.C. Errol P. Mendes is a professor of constitutional and international law at the faculty of law, University of Ottawa. He was born and grew up in Kenya during its independence from Great Britain.