What were the dynamics of the post-election violence that erupted in Kenya in December 2007? This report, published by the UN High Commissioner for Human Rights, analyses the underlying causes and alleged spontaneity of the violence. Region-specific dynamics played a crucial role, with three patterns of conflict emerging: spontaneous slum outbursts; premeditated land grabs; and retaliatory violence. Violations of economic and social rights, particularly in employment, environmental, health and housing issues, pre-dated the 2007 election and fuelled anger.
On-site visits and meetings with politicians, victims, diplomats and human rights activists provided evidence. Over a thousand deaths, the destruction of tens of thousands of homes and businesses and the flight of hundreds of thousands occurred in a brief period. Further evidence will determine the extent of sexual violence, but the fact of 322 women and girls seeking hospital treatment for such violence may be indicative.
The fact-finding mission revealed a number of findings about the different patterns of violence and the resulting human rights concerns:
- On the basis of other missions and reports, procedural irregularities in the counting of the vote seem to have marred the election. The ensuing violence was primarily political in nature.
- Nonetheless, the violence would not have lasted as long or spread as far if not for an array of root causes. Perceived historical injustices – many concerning land, and some concerning access to jobs and resources – played a role in all conflicts, but especially in the Rift Valley.
- Other notable factors, particularly in the Nairobi slums, included poverty and disenfranchisement. Many individuals and organisations interviewed perceived a strong socio-economic dimension to the violence – a reaction to glaring inequalities in Kenyan society.
- A sense of impunity for those who commit violence allowed perpetrators to do as they wished. As past communal violence has rarely been addressed and punished, it was perceived that this impunity would continue.
- Most Kenyans see the state’s institutions as having failed during the elections and ensuing violence. There is very little trust in what is seen as a corrupt system that has ignored numerous forceful calls for reform.
- The Kenya National Dialogue and its promised power-sharing solution represents an important compromise with the ability to solve the crisis. Constitutional and institutional reforms, as well as change in the areas of social equity and government accountability, are part of the Dialogue’s mandate.
These findings are coupled with a set of recommendations for the government of Kenya and for international institutions involved with the violence’s aftermath:
- Kenya should bring the perpetrators of violence to justice through special, independent prosecution mechanisms. The proposed Truth Justice and Reconciliation Commission (TJRC) should receive a clear and powerful mandate in the relevant legislative act.
- Trusted oversight of key government services, especially the police, is a vital concern. The government can begin by ensuring that the ongoing investigations of the Kenyan National Human Rights Commission are undertaken in a public and accountable fashion.
- Victims and witnesses to the violence, and internally displaced persons, are the groups most urgently needing protection.
- Lessons learned include the poor state of forensic pathology in Kenya, and the lack of capabilities to prevent and address sexual violence.
- Regulations against hate-speech could avoid future instigations of inter-ethnic tension.
