Position Paper for the General Assembly Plenary

I. New Approaches to Nuclear Non-Proliferation

The Republic of Kenya remains steadfast in its forty-three year old commitment to nuclear non-proliferation and nuclear disarmament. Kenya recognizes only one use for nuclear potential, and that is in energy applications. Nuclear energy is an important infrastructural development component to countries, like Kenya, who are still developing. However, only when there are strict mechanisms in place to ensure that nuclear energy has only one use, will its potential be fully realized and all countries will benefit from nuclear technology. Affirming the commitments made in the Non-Proliferation Treaty, and resolutions A/54/423, NPT/CONF.2000/16, NPT/CONF.2000/18 and A/54/2000,Kenya sees denuclearization as an essential issue. Additionally,Kenya is proud to report its involvement in the Comprehensive Nuclear Test Ban Treaty (CTBT). As a participant in the CTBT,Kenya has hosted two international monitoring stations under the trusteeship of the Comprehensive Nuclear Test Ban Treaty Organization Preparatory Commission (CTBTO-PREPCOM). These monitoring stations consist of a primary seismic monitoring station (PS 24) and an infrasound station (IS 32), both of which are linked to 321 other stations worldwide in an effort to prevent and/or identify illegal nuclear testing. TheUnited States and Kenya have worked together through the International Atomic Energy Agency (IAEA) to promote the transfer of technology, equipment, services and training on the peaceful use of nuclear energy. Thanks to the United States, through the Technical Cooperation (TC) program over $70 million USD has been contributed to advance the peaceful use of nuclear energy. Peaceful nuclear technology can be utilized to combat water scarcity, food insecurity, malnutrition, malaria, environmental decay, and more.Kenya is participating in a United States partnership program through the IAEA TC to produce sterile bugs through the sterile insect technique (SIT), to curb the spread of disease and the destruction of crops, and to train pest control experts about these methods. Additionally,Kenya completed a program in 2007 that used radiation-induced mutation technology to bring about higher crop yields for small farmers and protect them from droughts and pests. With the peaceful and beneficial uses of nuclear technology working to promote development, it is still Kenya’s position that the weaponization of these materials be outlawed for good. Many developing nations can be assisted in their efforts to provide basic needs for their people with the peaceful use of nuclear energy, but as long as nuclear energy can be used for weapons all progress is at risk of being destroyed. The ultimate goal of this committee has been mirrored in the Non-Proliferation Treaty (NPT) of 1968. The Republic of Kenya was one of the first to sign this international agreement and subsequently ratified it in 1970. The agreement was, as a sovereign nation,Kenyawould relinquish a portion of it’s sovereignty with respect to nuclear weapons development, and nuclear states would qualify that sacrifice by taking steps to disarm. That has not been the case. The Republic of Kenya would like to reiterate it’s complete support for, and commitment to, the NPT. As outlined in the Treaty, three main goals still stand as the measure of success for its supporters. Compliance to the NPT requires the total elimination of nuclear weapons, prevention of proliferation of nuclear weapons and materials, and to facilitate the peaceful application of nuclear energy.Kenya is deeply concerned that compliance has not been high on the list of priorities of nuclear states, some of which have even disregarded their agreements to this Treaty. As a member of the African Nuclear-Free-Zone Treaty,Kenya’s stance is clear, nothing but the complete denuclearization of the globe is acceptable.Kenya strongly urges on all members to adhere to Article VI of the NPT, which calls for the complete elimination of nuclear armaments worldwide. While small measures have been enacted to progress towards a nuclear free world,Kenya urges the United Nations (UN) to adopt stronger mechanisms to ensure that this end is met. Legally binding agreements would be an effective edict to ensure acquiescence to the steps taken in previous and future agreements and resolutions.

II. Advancing United Nations Reform

One of the greatest abilities of the United Nations (UN) to remain relevant and responsive to changing conditions is its potential to reform. Contemporary challenges require solutions of a contemporary organization and its capability to operate. The Republic o fKenya espouses the UN Charter as a reference point for the reform of the UN.  However, it is essential that the UN remains loyal to the standards for which it was created. With the materialization of new threats and challenges; a shift in the global distribution of power is evident.Kenya acknowledges and agrees with former Secretary-General Kofi Annan when he said, “[w]e will not enjoy development without security, we will not enjoy security without development, and we will not enjoy either without respect for human rights.” This statement is indicative of the need to reform. With international terrorism on the rise, piracy on international waters, rouge state actions threatening peace, and the persistence of human rights violations by international criminal organizations,Kenya calls on the UN to bolster Chapter 7, Article 47, of the UN Charter to make a Military Staff Committee more readily available to the Security Council. Established by Article 47, the Military Staff Committee is composed of the chiefs of staff of the five permanent members of the Security Council. There shall be established a Military Staff Committee to advise and assist the Security Council on all questions relating to the Security Council’s military requirements for the maintenance of international peace and security, the employment and command of forces placed at its disposal, the regulation of armaments, and possible disarmament. The Military Staff Committee shall consist of the Chiefs of Staff of the permanent members of the Security Council or their representatives. Any Member of the United Nations not permanently represented on the Committee shall be invited by the Committee to be associated with it when the efficient discharge of the Committee’s responsibilities requires the participation of that Member in its work. The Military Staff Committee shall be responsible under the Security Council for the strategic direction of any armed forces placed at the disposal of the Security Council. Questions relating to the command of such forces shall be worked out subsequently. The Military Staff Committee, with the authorization of the Security Council and after consultation with appropriate regional agencies, may establish regional subcommittees. This committee is often considered dormant but with new threats to international peace, this committee needs to be at the ready and at the discretion of the Security Council for prompt response to these threats. This can benefit the UN’s capacity to address international conflict, human rights violations, instability that hinders development by non-state actors, and peacekeeping operations. Collective security is of the utmost importance to Kenya and the UN should have the means to respond to conflict with a multilateral force in an expedient and transparent manner. No state could mistake the intentions or motives of such a decision if it were under the governance of the UN. This can further the cause of sustainable development and human rights, with a readily available council to address violations or tensions militarily if all diplomacy has failed.  In addition, post conflict areas would be provided adequate security as they rebuild and strive towards development. Reform is a must for progress, and with changing international political and military climates; this action would provide a useful and powerful mechanism for maintaining peace and furthering the goals of the UN. We also reaffirm resolution 1648 (December 21, 2005) establishing zero tolerance policy for personnel in UN operations and keeping this policy in-force at Regional Partnership levels. As we expand upon Regional Partnerships,Kenyareaffirms the basic concept of Chapter VIII of the UN Charter, detailing the framework that the UN applies in regional peacekeeping organizations. As we improve Regional Partnerships modeled after the EU’s (ESDP) institution, perhaps in the future, each regional representative will be appointed to the United Nations Security Council (SC) in voting status and sub-regional representatives will receive observer status. Regional and sub-regional operations will establish permanent operational bases designated as training centers and deployment facilities for peacekeeping forces keeping within “Interoperability” guidelines. Development of UN Regional and Sub-Regional Operational Bases (UNRSROB) will undoubtedly spur economic development through financial support by means of the Peace-building Commission and Security Council approval. The formation of such Regional Partnerships under an approval process will be recognized as legitimate agencies and final authority lies within Security Council consideration.  The Kenyan delegation looks forward to expanding a viable system for the peaceful multilateral defense of regional and sub-regional conflicts and looks forward to this session on improving Regional Partnerships.

III. The Impact of Migration on Development

The Republic of Kenya is one of the most privileged states in Africa in terms of population information. The national Population and Housing Censuses provide the source of this data and are conducted every ten years. The first census was carried out in 1948, before independence, and has continued ever since. This makes evidentKenya’s commitment to monitoring development and population movement with in its borders. In 1994,Kenya, along with 179 countries, took part in the International Conference for Population and Development (ICPD) inCairo,Egypt. The results of the ICPD led to the adoption of a 20 year Programme of Action with the intent of addressing international migration and development, such as undocumented migrants, refugees, asylum seekers, and displaced persons. The situation in Kenya illustrates the effects that migration has on development. The emigration of skilled workers and educated persons to countries with higher wages has been called ‘brain drain.’ The loss of these workers affects the economy and subsequently the countries development. These human resources leaveKenyafor better opportunities and do not often return. Additionally, refugees from neighboring countries put undo stress on an economic system that has already been weakened due to ‘brain drain.’ In 2007 it was estimated that by the year 2030,Kenya could contain as many as 240,000 refugees. The numbers of refugees currently in Kenya has been decreasing due to agreements of peace in neighboring countries, but it remains a problem. Another cause of the’ brain drain’ on Kenyan workforces has been the access to monetary transfers. Since laborers, students, professionals leave and send money back to their families still inKenyafor their basic needs, since over 50 percent of the population lives under the poverty line. It was estimated that in 2005 Kenyan emigrants sent back to their families 50 billion Kenyan shillings, or 684 million USD.Kenya is attempting to address this cycle with the relatively recent advent of the Ministry of Immigration and Registration of Persons to deal with domestic and international migration. Additionally,Kenya ratified the Protection of the Rights of All Migrant Workers and Members of their Families as well as the 1951Genevaconventions and the 1969 OAU conventions.  The Refugee Act of 2006 was a structure set up by the government to assume responsibility of and provide protection for refugees, displaced people, and asylum seekers.Kenya has also hosted peace talks for neighboring nations to alleviate refugee stress on the economy and for the peaceful return of it citizens from Kenya. In an effort to begin to fully understand the implications of emigration on development,Kenya calls on all members to collect data on immigration and to make it available for all other countries. With complete information, states can then start interpreting information and address the effects migration has on its country. Additionally,Kenya urges all developed members to further invest in developing nations to give them the ability to retain its skilled laborers and other human resources. Keeping these migrants is an important step towards sustainable development for all countries in need. Lastly,Kenya would like to reiterate the importance of the UN and its role as a peacemaker in the international community. The peaceful resolution of conflicts by an NGO such as the UN can prevent the dilemma of refugees and their effect on economies. Once human rights have been secured, only then can sustainable development be achieved.