Position Paper for the General Assembly Plenary

1. 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. The United 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, Kenya would 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 of Kenya 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, Kenya reaffirms 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 French 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 evident Kenya’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) in Cairo, 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 leave Kenya for 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 in Kenya for 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 1951 Geneva conventions 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.

 

General Assembly First Committee: Disarmament and International Security

The Republic of Kenya supports all previous efforts made by the General Assembly First Committee in the areas of disarmament and international security and looks forward to addressing the issues of upholding the status of Prisoners of War according to the Third Geneva Convention, fighting illicit trade and trafficking of nuclear material, and preventing an arms race in space.  As a dedicated member of both the United Nations (UN) and the African Union (AU), Kenya strongly encourages peaceful co-existence and peaceful settlements of all disputes that the world is faced with today as well as the increased cooperation between all working bodies affiliated with the United Nations and all nations throughout the international community to carry out the principles and goals set forth in the Charter of the United Nations and related international treaties.

1. Upholding the Status of Prisoners of War According to the Third Geneva Convention

In agreement with the Geneva Convention Relative to the Treatment of Prisoners of War, the Republic of Kenya strongly condemns the torture, mistreatment and degradation of prisoners of war (POW).  Strongly supporting Part II of the Third Geneva Convention, especially Articles 13-16, Kenya calls for the immediate cessation of all acts in violation of the rights of POWs.  These infringements on the basic human rights that need protected for every individual throughout the world need to be addressed and eradicated as soon as possible.  Kenya has been working diligently to incorporate international treaties on human rights into relevant national legislation to prohibit violations of the right to life and protection from torture and other inhuman and degrading treatment.  Kenya encourages all Member States to take similar actions in order to include the Third Geneva Convention in their own nation’s governmental and legal systems. In addition, they need to ensure that no further violations of human security are committed by any actor within the international community.  Many important steps have been made to stop the mistreatment of POWs, including the United States’ recent decision to suspend operations of the Guantanamo Bay military council with hopes of shutting down the facility within the next year.  The Third Geneva Convention has been immeasurably valuable in combating the degradation and ill-treatment of prisoners of war throughout the world since it was put into force on October 21, 1950.  However, the need to update and revise the Third Geneva Convention has dramatically increased due to new developments in military offensives and changes in the characterization of war.  Most notably, the War on Terror has changed the definition of war because the Taliban and Al Qaeda fighting groups are not part of a government-authorized military group and therefore do not abide by the internationally accepted laws of war in their methods of combat and wear no distinguishing insignia to identify them as part of a military group which is required for them to be able to be classified as POWs upon their capture by opposing forces.  Because of these differences in what war is waged against as well as the characterization of fighters, a new term has been given to those captured during the War on Terror; unlawful combatants.  By making this distinction, those captured do not receive protection under the rules and provisions of the Third Geneva Convention. It is also important that we highlight the importance of incorporating other international agreements such as the United Nations Declaration of Human Rights, Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment and Protocol I to the Geneva Convention in revisiting and reworking the Third Geneva Convention to ensure that the rights of all prisoners of war are maintained throughout the world.  Kenya strongly urges that such inconsistencies are addressed and other necessary updates are made so no further mistreatment of captured combatants will occur.

1. Fighting the Illicit Trade and Trafficking of Nuclear Material

The Republic of Kenya is alarmed and disturbed by any effort made to illicitly sell, trade, traffic or acquire nuclear material.  The threat of clandestine nuclear programs created by Member States, terrorist organizations or other non-state actors is one of the most pressing concerns the international community faces today and should be thwarted by any available means.  The International Atomic Energy Agency’s (IAEA) efforts to minimize the unlawful trade and transfer of nuclear materials through efforts such as the Illicit Trafficking Database (ITDB), the Waste Management Advisory Program (WAMAP) and the inspections carried out under Article III of the Nuclear Non-Proliferation Treaty (NPT) are appreciated and have made great steps in curbing the illicit trade and trafficking of nuclear material. Kenya is also encouraged by other international agreements such as the Fissile Material Cut-off Treaty (FMCT) that takes commendable steps to eliminate the production of weapons-grade uranium and plutonium altogether.  Yet there is still more work that needs to be done, particularly to ensure that no terrorist organization, such as Al Qaeda, is able to produce a nuclear weapon.  For this reason, Kenya strongly supports all past resolutions that work towards suppressing the acquirement of nuclear weapons by terrorist groups including A/RES/59/290, 59/80, 58/48, and 57/83.  Kenya recommends that the Counter Terrorism Committee and IAEA create a working relationship to deter the efforts of terrorist organizations to attain radioactive material.  This partnership would focus on tracking nuclear material and terrorist activity simultaneously to discover and bring an end to any suspicious movement between the two areas of concern.  Kenya also argues that creating regional partnerships and increasing transparency can help to deter the existence of an illicit market for nuclear material and technology.  Under Article VII of the NPT, States are given the power to “conclude regional treaties in order to assure the total absence of nuclear weapons in their respective territories.” Many of these agreements have been made to create Nuclear Weapon Free Zones, including the African Nuclear Weapon Free Zone established by the Treaty of Pelindaba which Kenya ratified January 9, 2001.  These agreements are a positive step in deterring the creation of belligerent nuclear programs without infringing on the rights of Member States to use nuclear technology for peaceful purposes.  Nuclear Weapon Free Zones also create a forum for cooperation in the areas of nuclear technology throughout large regions that can help foster communication between States.  This collaboration is a crucial component in combating the unlawful market and transfer or radioactive material and nuclear technology and Kenya urges that all States work towards creating such agreements.  States party to such agreements should also consider creating a regional program similar to the International Atomic Energy Agency’s ITDB to monitor the movement of nuclear material within the borders of the Nuclear Weapon Free Zone.  Noting the success of the ITDB, Kenya contends that creating similar programs that can focus on a specific region of the world will be helpful because the two separate systems can create a more comprehensive monitoring method overall. The illicit trade and trafficking of nuclear material is an issue of utmost importance and Kenya argues that through measures of regional cooperation and inter-organization collaboration it is possible to minimize the threat posed by such actions.

III.  Preventing an Arms Race in Outer Space

Since the beginning of the exploration of space one of the United Nation’s greatest concerns has been preventing the militarization of outer space.  The Republic of Kenya, in agreement with the UN’s efforts, is disturbed by any actions taken that could spark an arms race in outer space.  The use of outer space for anything besides peaceful, scientific explorations is strongly discouraged and should be avoided by all Member States.  Kenya commends the UN’s previous actions to thwart the militarization of space, including the Outer Space Treaty of 1967, the creation of the Committee on the Peaceful Uses of Outer Space (COPUOS) and past General Assembly Resolutions including A/C.1/57/L.30, A/C.1/63/L.4 and A/Res/62/20.  Such agreements and working groups will be essential in making sure that outer space remains a place for scientific discovery and exploration without the threat of military implications.  The use of outer space needs to be closely monitored to make sure that no state is able to use it for belligerent purposes.  This includes deterring the use of Anti-Ballistic Missiles and Intercontinental Ballistic Missiles that travel through outer space in order to reach their intended target.  An important step in ensuring that space is used solely for peaceful purposes is the Space Preservation Treaty (SPT) that calls for a complete ban of weapons in space as well as for the establishment of a peacekeeping force to monitor the use of outer space.  Kenya regrets the lack of success that the Conference on Disarmament has had in addressing the matter of preventing an arms race in outer space.  Because of this, Kenya suggests a system that mirrors the United Nations Convention on the Law of the Sea should be established to govern the use of outer space in accordance with the goals set forth in the SPT.  This system would promote the importance of international cooperation to ensure that outer space is solely used for scientific purposes and to enhance regional cooperation to provide for these ends.  During the negotiations of the terms of the legal structure, the Conference on Disarmament should lead the agreement process and be put in charge of settling future disputes between states in regards to the legality of their actions under the new terms governing the use of outer space.  Since outer space is the common heritage of all humankind, it is essential that no one state should be allowed to dominate it.  The threat posed by one state gaining absolute control of outer space and being able to deny or strictly limit the access other states have to it should be considered a great concern of every member of the international community.  It is vital that we protect everyone’s right to peacefully explore outer space without the threat of one nation militarily monopolizing outer space and creating more turmoil and unrest throughout the world.  By continuing to follow the Outer Space Treaty of 1967 and the rulings of COPUOS in addition to creating a new set of laws to regulate the use of outer space, Kenya argues that it is possible to greatly reduce the danger posed by an arms race in outer space.

Position Paper for General Assembly 2nd Committee (Economic and Financial)

The topics before the General Assembly 2^nd Committee are: Climate Change Economics; Economic and Trade Policies to Address Food Price Volatility; External Trade and Macro-financial Assistance to Developing Countries. Kenya, recognizing the importance of these issues within itself and other nations, is eager to participate in a collaborative effort so as to address these topics and develop sustainable and multilateral resolutions for them. Kenya is diligently working to achieve the Millennium Development Goals (MDGs) and will continue to maintain this steadfastness until the MDGs have been met. By addressing these 2^nd committee topics, the United Nations will be in effect addressing the MDGs such as ending poverty and hunger; environmental stability; global partnerships. Only together, with mutual selflessness and careful decision-making, Kenya expresses its hope that the concerted efforts of the UN and its member states will one day replace poverty and destitution with peace and prosperity.

1. Climate Change Economies

In a statement regarding the urgency of addressing the scope and scale of global climate change, Secretary-General Ban Ki-moon said “given the nature and magnitude of the challenge, national action alone is insufficient… we need to confront climate change within a global framework, one that guarantees the highest level of international cooperation.” Kenya supports the Secretary-General’s statement because Kenya is aware of the potential consequences if the global community does not further unify its efforts to deal with the immediate impacts of climate change while planning for the future by ratifying global accords aimed at reducing greenhouse gas emissions. The impacts of climate change have already been devastating to economies throughout the world and directly threaten human quality of life. Not only do African countries suffer and on more intense levels, but all countries are affected and responsible. Therefore, Kenya reminds all member states of resolution A/RES/43/53 which calls upon governments and intergovernmental organizations (IGOs) to collaborate in efforts to prevent detrimental effects of activities that affect the ecological balance. It also calls upon non-governmental organizations (NGOs), industries, and other productive sectors to recognize their environmental impact and adjust their policies accordingly.  Kenya applauds the efforts of the United Nations Framework Convention on Climate Change (UNFCCC), which considers climate change a global issue. The UNFCCC calls for member states to look at their immediate impacts on the environment and to formulate preventive strategies. Kenya strongly encourages all member states, but in particular the remaining Annex-B countries (industrialized countries that are identical with the Annex-I of the UNFCCC) that have not already signed, to sign and therefore agree to the guidelines set by the Kyoto Protocol. Kenya also draws attention to the global economic problems that could arise should the world not effectively address the issue of climate change. Kenya urges a multilateral initiative in which all member states follow suggested guidelines from the qualified IGOs and NGOs such as: (Intergovernmental Panel on Climate Change (IPCC), the United Nations Environment Programme (UNEP), and the World Meteorological Organization (WMO.)  The work of the organizations focuses on lessening environmental fluctuations and reversing the effects of harmful environmental policies and practices.   This is an efficient course of action in saving and preserving the world’s natural economic resources. Kenya recognizes that there is no immediate solution to climate change, but it demands immediate attention none-the-less. Therefore, Kenya and individual countries must make substantial and transparent changes to move the economies to a more sustainable foundation. Constructive changes include, but are not limited to:

• Restricting the use of petroleum-based fertilizers for agricultural projects. This is due to the large amounts of water demanded by this method and because of water scarcity issues; these fertilizers will only weaken agricultural economies.
• Redoubling efforts towards utilizing sustainable agricultural techniques such as crop rotation, cover crops, soil enrichment, natural pest predators, and biointensive integrated pest management.
• Working towards using alternative energies such as biomass energy, wind energy, and solar energy in areas that are applicable.

  Due to droughts and other issues directly linked to climate change, Kenya and the World Food Programme (WFP) are predicting that there will be an increase in the number of Kenyans needing assistance from 1.2 million to 3.2 million. Kenya is affected by direct factors such as climate change destroying agricultural projects and indirect factors such as the demand for ethanol from developed countries. In every country there is a level of poverty that must be addressed. In addition, the absence of stable food prices is making the issue of poverty more complex. Recognizing these challenges, Kenya reminds all member nations of resolution A/RES/55/2 which states that the global community will spare no effort to free its fellow men, women and children from the abject and dehumanizing conditions of extreme poverty. It states that the UN must be committed to making the right to development and basic constructs a reality for all individuals. Over the years, Kenya has been greatly involved in carrying out the fight against hunger via direct and indirect methods. Kenya’s position is that hunger needs to be addressed at all levels, international and domestic, and supported by aid relief. Member states must attempt to predict damaging food security situations, take preventive measures, and prohibit the development of counterproductive policies. For example, Kenya is strongly against artificial surpluses that, in effect, harm local farmers. State policies need to address hunger alleviation and the establishment of sustainable food supplies. Establishing stable food supplies by focusing positive reconstruction efforts upon local infrastructure to ensure food is utilized efficiently. Kenya also encourages the possible promotions of micro loans to enhance local infrastructure. This has been a proven method for individual farmers and fishermen across multiple regions of the world and is, therefore, applicable and recommended. Micro loans to farmers and fisherman would not only enable better means of transportation but it would also grant easier access to markets. Australia is another strong supporter of this type of individual and local approach. Kenya reminds the committee that micro loans alone will not provide a solution to the problem of hunger. Desertification, drought and other ecological catastrophes are at the top of a long list of obstacles to alleviating hunger. Another action that Kenya recommends is practical global financial assistance for disaster relief. For example, Kenya has repeatedly supported attempts to halt desertification in Africa by urging member states to provide the proper funds for said efforts. Furthermore, Kenya carries the hope that all countries, especially industrialized nations, will be more aware of developing countries when it comes to mandating agricultural policies. This is crucial to remember due to the history of industrial countries’ dominance over markets that have forced numerous developing countries to have insecure food markets. Insecure food markets lead to poverty and hunger, thus, leading to the creation of political instability and social conflict. In the end, nations must craft global policies with domestic solutions. Food price instability is one of the multiple roots of this problem. If the United Nations is able to develop a proposal that will deliver a practical and sustainable solution, then there will be hope that the global quality of life will drastically improve and countless lives will be saved.The work of Muhammad Yunus is a shining example of the success of micro finance. His works in Bangladesh earned him the Nobel Prize. Kenya considers his work exemplary in regards to the challenge of overcoming poverty and restoring human dignity. Kenya urges all member states to work closely with NGOs and IGOS alike, to provide micro financial assistance to all countries without infringing upon their sovereign rights as stated in article 2 of the UN Charter. Kenya acknowledges the capabilities of the United Nations Capital Development Fund (UNCDF) and the World Bank (WB) and applauds their efforts in assisting Least Developed Countries (LDCs) through micro financing. Yet, their efforts have at times been hampered by internal factors such as poor political systems and institutional instability. In response to this, Kenya urges all member states to recognize that a beneficial solution to this problem is to allow an NGO, such as the Foundation for International Community Assistance (FINCA International), to oversee the efforts of the UNCDF and the WB, by setting conditions for investment loans amongst developing countries. Kenya emphatically stresses that all member states, particularly those developing states receiving assistance, must be wary of the risks of privatization through public-private partnerships. Privatized loans to individuals require immediate repayment. This often leads to individuals seeking relief in criminal endeavors. This underlines the need for financing strategies in the form of a delayed payment program.   Kenya urges member states to realize that this is not only an economic development issue, but a national and or domestic security issue as well. It is imperative that member states address the issues of external trade and micro finance assistance in an efficient manner. Being a member of the Economic Community of Central African States (ECCAS) enables Kenya to coordinate and plan with other African nations.  It is important to acknowledge that when a population is invested in their communities and provided with economic opportunities, they will choose to invest their individual human capital potential in their community. Kenya currently supports more than 1,500 microcredit organizations located throughout the country, many of which provide literacy programs and other educational initiatives.  NGOs have established banks in towns and villages that are sustained free of continued monitoring and aid assistance.  The continued use and bolstering of Kenya’s microcredit organizations will create more stability and the citizenry of Africa.

• III. External Trade and Micro Financial Assistance to Developing Countries
• II. Economic and Trade Policies to Address Food Price Volatility

        Position Paper for the General Assembly Third Committee Social, Humanitarian and Cultural

The Republic of Kenya, an active member of the United Nations since 1961, is deeply concerned by social, cultural, and humanitarian issues brought up by the General Assembly 3^rd in the effort to support good governance and the improvement of the quality of life. Kenya, on behalf of African states, encourages the partnerships within the UN system for promoting social development as a means of achieving Millennium Development Goals and elimination of poverty.

1. Examining the uses and implementation of technology in education and social development

Kenya is aware of the fact that the information and knowledge age is here and more attention needs to be drawn to the challenge of providing education to the majority of the population, especially in developing and less-developed countries (LDCs). We declare that Information and Communication Technologies (ICT) is one of the key areas for education and social development and benefits of new technologies should be available to all, as stated in the Poverty Reduction Strategy Paper (PRSP), Kenya Education Network (KENET) vision, Directorate of e-Government: on a national level; New Partnership for African Development, Asia-Pacific Development Information Programme – on a regional level; World Bank Education for All Fast Track Initiative (EFA), Dakar Declaration, World Summit on the Information Society (WSIS) and the follow-up Internet Governance Forum, and the Millenium Development Goals (MDG) – at a global level. Resolutions A/RES/56/183, A/RES/60/252, A/RES/63/227 further enhance the potential of technology for achieving the goals of the United Nations Milenium Declaration and the urgently needed access of all countries to information. All these mechanisms reaffirm the commitment to collective action for developing and using science and technology for a better quality of education and social services. This is necessary bearing in mind that universities in certain regions of the world, particularly in Sub-Saharan Africa, including Kenya, suffer from low numbers of trained faculty, practically non-existent levels of research, outmoded programs, poor quality of educational materials, and lack of connectivity and network infrastructure. For an efficient implementation of these targets, Kenya considers the further financial assistance of programmes and projects sponsored by: the World Bank, the International Development Agency, the Canadian International Development Agency, the Norwegian Agency for Development Cooperation, and the European Union, as extremely necessary. Kenya supports the wide use of Internet technology in teaching, research, and sharing of other information resources to the general population. We also encourage the public-private partnerships to mobilize resources in order to support e-learning initiatives, develop integrated e-learning curriculum to support ICTs for education and community growth. We urge the promotion of the Global E-schools and Communities Initiative (GeSCI) as part of the United Nations ICT Task Force, which has had successful results in initiating a sustainable framework for ICTs in educational systems in countries like Bolivia, India, Ghana, Rwanda and Namibia. Kenya seeks the promotion distance education and virtual institutions, particularly in higher education and training. Creating virtual learning systems like the African Virtual University is one solution. Being transformed in an independent inter-governmental organization, based in Nairobi, Kenya, it operates over 34 learning centers in 17 African countries, bringing world-class educational instruction to the most isolated communities in Sub-Saharan Africa. Another recent initiative, “Learning By Ear”, is a multilingual, interactive distance education programme for young radio and Internet audiences in Sub-Saharan Africa. Sponsored by Deutsche Welle, the program provides a supplement of knowledge and skills in developing and transitional countries. Kenya stresses these successful examples in the hope that similar projects will be initiated in other regions of the world. Kenya urges the importance of Information Technology (IT) in Health Services in order to improve equity and quality of life by utilizing IT in health delivery systems. Kenya calls upon Member States to include providing IT facilities in all public health facilities, providing IT training to medical staff, setting standards and norms for IT in the healthcare system, developing legislation governing telemedicine and health information, and establishing national resource centers for IT in the healthcare system. Kenya also draws attention to the success of a unique regional project “Best Practices in HIV/SIDA” of the African Medical Research Foundation (AMREF), across 5 African countries (Kenya, Uganda, Tanzania, Rwanda and South Africa), which has mobilized African civil society around the importance of ICT policy for the development of the continent. Thus, Kenya will continue to stress the use of information and communication technologies for an effective response to HIV/AIDS in Eastern and Southern Africa, and encourages other countries to do the same.

1. Promotion and protection of rights of children in conflict

Kenya is dedicated to providing special rights for children affected by various forms of conflict or crisis be it war, extreme poverty, or natural disasters. We underline the gravity of the problem, whereas according to UNICEF, because of their inability to defend themselves, two million children have been killed in armed conflicts in the past decade, six million have been left homeless, 12 million injured or maimed and 300,000 made soldiers through kidnapping, deceptions or intimidation. Kenya is concerned by the non-ratification of Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict by all the Member States. We declare that provision of the minimum age for compulsory recruitment in armed forces to 18 years, exhorts armed groups not to recruit children under the age of 18 and requires State Parties to take all possible measures to punish such practices. Recruitment should be entirely and genuinely voluntary and carried out with the full informed consent of the persons being recruited. Kenya also emphasizes the commitment made by the Governments to the “Paris Principles and Guidelines on children associated with armed forces or armed groups”, which intends to “prevent unlawful recruitment or use of children; facilitate the release of children associated with armed forces and armed groups; facilitate the reintegration of children associated with armed forces or armed groups; and, above all, ensure the most protective environment for all children”. The Principles should be used along with the UN Integrated Disarmament, Demobilization and Reintegration Standards (IDDRS), and resolutions: A/RES/54/263, A/RES/59/261, A/60/231, and A/RES/62/141. Kenya emphasizes that reintegrating children and rebuilding families in zones of conflict is an essential part. We recommend that interventions by the international community and mechanisms such as UNICEEF, UN Committee on the Rights of the Child, must ensure integrated material and social basic assistance, such as the provision of shelter, health, and nutrition. Consideration should be given to the experience of the International Committee of the Red Cross (ICRC) with regards to tracing and re-establishing family links in cooperation with the national Red Cross and Red Crescent societies. We further place an emphasis on supporting protection systems for children. Schools must be designated as zones of peace and there must be efforts made to ensure awareness and training on the rights of children at the local level. Children should not be dealt with lone individuals but as a vital part of families and communities. In this regard, Kenya emphasizes the good practice of the plan “Non-Recruitment and Non-Participation of children below age 18 in armed conflicts”, which mandates national Red Cross societies to partner with governments to run programmes in the media exposing the dangers of wars to children; train teachers on children’s rights and sign pacts with armed groups not to recruit children to their ranks in case of conflicts. To prevent children from participating in fighting, there was a need to understand the causes that forced children to become soldiers. Other examples of successful mechanisms worth to be mentioned include “Action for children in conflict”, which proved to be an efficient organization in the rehabilitation of street children; “Nonviolent Peaceforce”, and “Coalition to stop the use of child soldiers”.

III. Improving Emergency Response through Humanitarian Reform

Kenya, a main recipient of humanitarian aids, recently due to food crisis and violence which has torn through the East African nation following last December’s disputed elections, suggests the importance of increasing the efficiency of coordination and implementation of humanitarian aid in emergency situations, as stated in A/RES/46/182, A/RES/62/94, A/RES/62/95, and A/RES/62/92. Kenya affirms that unpredictable nature of many international responses to humanitarian emergencies is an actual problem that needs to be addressed. We encourage the adoption of the “Cluster Approach” of the Humanitarian Response Review, as a way of achieving a more efficient inter-agency humanitarian coordination structure, and allow for improved service delivery and facilities. It assures predictability and accountability in international responses, clarifying the division of labor among organizations, and better defining their roles and responsibilities in the intervention process. The creation of the Central Emergency Fund is welcomed by the Kenyan Government, as for concentrating the funds more efficiently and enhancing response to time-critical requirements. Kenya calls upon Member-States to strengthen the capacity of national NGOs and local organizations to contribute to the humanitarian aid and increase their representation, as agreed upon the Global Humanitarian Forum meetings in 2007 and 2008. Kenya also supports the idea of bringing direct representation of these NGOs to the upcoming workshops and forums, in order to assure a most diverse presence for reaching solutions, as well as enhancing inclusion and partnerships for humanitarian aid.   Kenya urges that Information Management (IM) is a central element of the collaborative approach responding to humanitarian crisis situations, in particular at a time when a stronger and more predictable humanitarian response system is being set-up. Taking into consideration that there is a variety of data and information available from the emergency region to the country level and to the global level, United Nations Office for the Coordination of Humanitarian Affairs (OCHA) should actively promote and support cross-cluster and cross-sectoral information management and analysis, in particular at the strategic level. Kenya further encourages that OCHA, in collaboration with the Cluster Lead Agencies, should identify common standards and terminology that support information exchange between the clusters and sectors. Such successful initiatives are the Regional Inter-Agency Working Group on Information Management and Communications under the Inter-Agency Standing Committee (IASC), based in Kenya, and the Regional Humanitarian Partnership Team. Both of them enhance the importance of information- sharing and coordination between organizations in disaster preparedness and emergency response/ multi-country and cross-border coordination. Kenya argues that a back-up action would be to make the data available in a single platform, such as Geo Network. Kenya affirms that it is important to build awareness on the cluster approach and other aspects of the reform process. The role of the Humanitarian Information Centre or, where it does not exist, a common humanitarian information service (CHIS) entity should be reviewed and redefined in the light of the humanitarian reform process and the implementation of the cluster approach.

 

Position Paper for the United Nations High Commissioner for Refugees Executive Committee (UNHCR)

“While every refugee’s story is different and their anguish personal, they all share a common thread of uncommon courage – the courage not only to survive, but to persevere and rebuild their shattered lives” Antonio Guterres, U.N. High Commissioner for Refugees, 2005. Kenya welcomes all members of the United Nations High Commission for Refugees Executive Committee (UNHCR) and looks forward to finding viable ways to assist all refugees in rebuilding their shattered lives. Addressing the issues before us today: Return and Reintegration of Refugees and Displaced Persons, Addressing the Refugees and IDP Situation in Chad and Sudan, and Capacity Building in Regions with Refugee and IDP populations; moves us closer to this goal. Kenya reaffirms support for the development and implementation of policy within the mandate of the Executive committee and is fully committed to addressing these three issues in a cooperative, effective, and efficient manner.

1. Return and Reintegration of Refugees and Displaced Persons

“A lasting solution, the possibility to begin a new life, is the only dignified solution for the refugee himself.” Poul Hartling, UN High Commissioner for Refugees, 1978-1985.

Return and reintegration of refugees and internally displaced people remains a primary objective of the UNHCR executive committee. To achieve this goal Kenya seeks better communication and cooperation within UNHCR through the continued practice and improvement of the cluster approach. Kenya supports and views as vital the Untied Nations Office for the Coordination of Humanitarian Affairs (OCHA) and other relevant agencies, work to integrate and harmonize efforts between various UN agencies, non governmental organizations (NGOs), states, refugee and host communities in a similar conceptual method as laid out within the cluster approach as essential to developing a viable and efficient way forward in achieving full return and reintegration. Strategic planning and coordinated partnerships facilitated through the state with the support and involvement of the refugee and local host community must be the foundation of all return and reintegration projects. Kenya guided by the guiding principles on internal displacement contained in E/CN.4/1998/53/Add.2 dated 11/02/1998), reaffirms support for GA resolution A/60/L.1 and recognizes that internally displaced persons (IDP) humanitarian work remains as vital as work with refugee populations. Kenya calls for the continued development of ways forward in addressing the unique issues facing IDP populations as well as the continued adoption of return and reintegration polices used with traditional refugee populations. Kenya promotes security, stability, sustainability, and reconciliation as the nucleus of any successful reintegration program. A key issue hindering the development of a conducive environment for return and reintegration being under staffing and development on a state level, Kenya encourages the increase of technology transfers, technical support, and funding by the international community to enable states the increased ability to facilitate peacekeeping and human development within affected areas. Noting the impact of the implementation of quick impact projects (QIPs) Kenya supports the use of QIPS for building the support and confidence of the region of return and reintegration thus insuring successful reintegration. Burden sharing being of a grave concern, Kenya holds that a comprehensive course of action needs to be delivered based on what is in the best interest of the displaced people with respect for the challenges faced by both the state and host communities. Recognizing the need of enabling return and reintegration communities the tools to be self supporting Kenya suggests increased coordination and expansion of educational and vocational training, finical stability, and development programs accessible to both the return and host communities. Kenya calls on all UN bodies, NGOs, and states to keep in mind not only the short-term reintegration and development, but also the importance of long-term economic development and sustainability in order to curtail future instances of displacement.

1. Addressing the Refugee and IDP Situation in Chad and Sudan

Currently, there are over 250,000 Sudanese refugees residing in Chad; in addition, there are millions of people internally displaced in both Chad and Sudan. Noting the insecurity facing humanitarian operations in both Chad and Sudan resulting from the continued flaring of violence, Kenya is calling upon the international community to do more to address the needs of refugees and IDP populations. Respecting state sovereignty, Kenya calls on States to fulfill their commitment to uphold international humanitarian law notably pertaining to the protection of refugees and IDP populations. Kenya recognizes the need for a comprehensive plan of action (CPA) incorporating various UN agencies, African Union (AU) agencies, other NGOs, states, and local communities. While Kenya supports the development of a CPA and continues to support UNHCR and other humanitarian agencies work with refuges Kenya notes the minimal role these agencies have in addressing the underlying issues which have resulted in this protracted refugee problem. Thus, Kenya urges the CPA developed to focus on sustainable refugee management solutions designed to prevent dependency on aid, promote self reliance, and seek through increased funding, technical, and economic support development of host communities ensuring their support and cooperation in aid efforts. Lack of security within and around the camps being of grave concern, Kenya suggests further developing and implementing programs that will empower and protect vulnerable populations within camps, notably women and children, through increasing UN/AU security operations within and around camps, increased educational opportunities, and further incorporation of the refugee community in the day-to-day operations of the camps. In addition, Kenya supports the continued process of the movement of camps when possible away from the Chad/Sudanese border as well as conflict areas to insure the development of a sense of security and stability within refugee camps. Kenya notes the need for special precautions needed to be taken to protect the children throughout the regions camps to prevent abduction and exploitation. Respecting state sovereignty Kenya supports efforts by UNHCR to create legal frameworks for the rights of the refugees and IDPs in Chad and Sudan as well as within other host states of refugee populations of this protracted conflict. A great deal can be gained by the implementation of a legal frame work for rights and the dissemination of information on rights and the creation of additional resources for both the displaced person and affected communities.

III. Capacity Building in Regions with Refugee and IDP populations

Recognizing capacity building as essential to handling refugee and IDP populations and reaffirming support for ECOSOC Resolution 2008/32 as guiding capacity building within public administration, Kenya is calling for greater cooperation from all actors in developing civil society in regions with refugee and IDP populations. Recalling the success of the UNHCR’s Strengthening Protection Capacity Project (SPCP) in Kenya in improving performance in the handling of refugee issues Kenya urges the continued development and expansion of this program as a vital tool in this endeavor. Kenya recommends the principals of the cluster approach be maintained within and between all actors seeking to develop capacity to insure efficiency and effectiveness. Recognizing the danger of refugee and IDP populations developing a sense of dependency on aid services Kenya holds that a sense of self reliance within refugee and IDP populations must be sought through capacity building within refugee and IDP populations. Increasing the incorporation of displaced populations in the day-to-day workings of camps and host communities being essential to this task, Kenya promotes increasing access to education, and seeking the implementation and further development of programs that resolve language barriers for displaced populations, host communities, and agencies. To ensure cohesion and the success of capacity building within public administration and refugee communities affected host communities must receive development assistances to not only absorb the strain of displaced communities but more importantly to find benefit in hosting displaced communities. Partnerships with relevant UN agencies, other NGO’s, state and local government, and the private sector must be sought and properly coordinated by the OCHA and other coordinating agencies for this objective. Noting the vulnerable position women often find themselves in when refugees a strong focus of developing female empowerment through increasing involvement of women in vital economic projects within camps and host communities should be an increased focus within capacity building work. The difficulty of coordination and executing capability building projects effectively results from the distinct challenges facing individual refugee situations. Kenya takes the position thus that methods of increasing the adaptability of projects to local environments remains a vital area of further discussion.

Position Paper for African Development Bank

Kenya is honored to have been a member of the African Development Bank since its establishment in 1964 and applauds the commitment to its members for sharing a common vision. Kenya affirms its commitment to the provisions set forth in Article One of the United Nations Charter by imploring Member States “to achieve international cooperation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights.” The topics before the African Development Bank Committee are: analyzing the impact of intra-regional migration on development, promoting regional trade and integration and strengthening mechanisms to prevent money laundering and terrorism financing.

1. Analyzing the Impact of Intra-regional Migration on Development.

Kenya calls upon developed countries to recognize the importance of offering assistance and support in implementing important governance reforms, predominantly directed toward areas of constitutional review, electoral, judicial and other institutional areas. As a member of the International Organization for Migration (IOM), Kenya is taking vital steps to incorporate Migration for Development in Africa (MIDA) into its National Indicative Program (NIP).  As a signatory to the Cotonou Agreement, Kenya plans to strengthen its cooperation between national and international regions, make the free movement of people a top priority and create an environment conducive to the stabilization of migration.  Kenya fully supports the movement of African professionals in the Diaspora, noting that they aid in development.  Kenya notes that the further strengthening of regional ties will lead to a safe and productive migration system.  Being a member of the Economic Community of Central African States (ECCAS) enables Kenya to coordinate and plan migration with other African nations.  It is important to acknowledge that when a population is invested in their communities and provided with economic opportunities, they will not choose to migrate. Kenya currently supports more than 1,500 microcredit organizations located throughout the country, many of them providing literacy programs and other educational initiatives.  Nongovernmental organizations have established banks in towns and villages that are sustained without continued monitoring and aid assistance.  The continued use and broadening of Kenya’s microcredit organizations will create more stability and the citizenry of Africa.  Urbanization in Africa is perceived to be driven mainly by rural-urban migration with agriculture representing the key linkage between urban and rural populations. This is necessary to create a cooperative economic environment among the rural and urban areas. There are four policy areas that stand out as critical for promoting cities as growth poles, so that the infrastructures can handle an increase in the population. These include 1) ensuring overall macroeconomic stability, 2) improving the investment climate and especially increasing investment infrastructure and 3) provisions for development services and 4) promoting agricultural growth and rural livelihoods. The African Development Bank has a decisive role in supporting cities as growth poles. The Bank’s calculated orientation is centered on sustaining delivery and expansion of fundamental infrastructure services; humanizing municipal finance and facilitating access to capital markets; building capacity for maintenance of public infrastructure assets and promoting feasible Public Private Partnership schemes for infrastructure projects and public services delivery programs. These projections require large investments and management innovations. Urban development can be financed by tax revenue, user fees or donor aid. Governments have an obligation to change the way they do business. Decentralization of government services, accompanied by increased accountability can generate faster and better infrastructure and services in urban areas. Decentralization must present a dependable framework for the operations of governments at each level and establish processes for synchronization and partnership between governments at each level and between government departments at the same level. As a result, policies, legal frameworks and governance must be reformed.

1. Promoting Regional Trade and Integration

The Bank Group policy on good governance embraces five chief elements: accountability, transparency, combating corruption, local participation, and an enabling of a legal/judicial framework. This project is situated within the Bank Group’s effort to contribute to institutionalization of good governance through regional arrangements and this project will make the policy operational in the areas of fighting corruption, introducing accountability, and transparency in management of public funds, creating proficient and valuable public and private relations and enhancing the human resource capacity for law enforcement. These activities of the project will lead to a superior investment climate in Kenya. The objective is to increase trade and investment between developing countries by voluntarily reducing trade barriers, especially tariff reduction. Kenya also notes the positive pressures that can develop from measured regional integration as stated by Benjamin Mkapa: “integration with East Africa means that our private sector, which is more developed than the private sector in Tanzania and Uganda, will have to sit up now because there will be no territorial barriers to trade or to investment. This exposure will make our small private sector in Kenya here hit the ground running…” As a developing country, Kenya recognizes the importance of diminishing the dependency on markets in the industrialized countries.  Global System of Trade Preferences (GSTP) supplements other bilateral trade agreements in order to achieve each of the eight Millennium Development Goals (MDGs). It is necessary that all developing countries take this initiative under consideration, understanding fully that GSTP integrates regional groupings. GSTP is the first step for agreements for sub-regional and interregional technological, communication, health care and educational trade. The GSTP Committee of Participants in December 2000 focused on a number of initiatives to improve the operation and administration of the agreements. Kenya strongly reiterates that the benefits of regional integration outweigh fears of the erosion of sovereignty.  Regional efforts create better venues for states to assert their responsibilities and political voices. Enhancing South-South cooperation also includes information and communication technology, investment, finance, debt management, health and education and other issues of international interest as stated in the Marrakesh Declaration on South-South Cooperation. Noting the Midrand Declaration and A Partnership for Growth and Development, the competitive pressure of the international community increases everyday and leaves the most economically strapped developing states with a competitive disadvantage due to weak supply capabilities. Due to this disadvantage, developing countries are unable to benefit equally from trade. As a member and beneficiary of the World Trade Organization (WTO), Kenya recognizes the efforts of United Nations agencies to establish fair trade. Recalling the 2005 Joint WTO/OECD Report on Trade-Related Technical Assistance and Capacity-Building, Kenya avidly implores the International Community to sustain appropriate levels of aid to increase all countries’ capabilities to participate in a fair trading system. Removing restrictions on international trade such as limiting or restricting tariffs would be an effective measure in promoting increased trade. Kenya calls for the doubling of efforts of member states to enhance trading conditions for developing nations as an important aspect to achieve MDGs.

III. Strengthening Mechanisms to Prevent Money Laundering and Terrorism Financing

Kenya welcomes the continued strengthening of the United Nations Crime Prevention and Criminal Justice Programme, and in particular, its technical cooperation capacity. We commend the United Nations Office on Drugs and Crime (UNDOC) for its pivotal role in enhancing the capacity of States to respond more effectively to the challenges posed by transnational organized crime, corruption and terrorism. In this regard, Kenya endorses the recommendations contained in the Secretary-General’s report A/61/179 aimed at further strengthening this office and in particular paragraphs 66 to 71 of that report. Kenya has been a beneficiary and continues to benefit from the various assistance programs undertaken by UNDOC. Its seminars and training programs in the criminal justice and law enforcement sectors have strengthened Kenya’s national capacity to fight the complex web of transnational crime. In early 2007, UNDOC conducted an in-depth assessment of Kenya’s institutional and legislative framework with a view to enhancing our capacity to combat money-laundering and asset recovery. Kenya looks forward to continued collaboration with UNODC in tackling the challenges posed by these crimes. The United Nations Convention against Transnational Organized Crime and the Protocols provide a solid legal framework for international cooperation against organized crime. They contain a comprehensive framework for mutual legal assistance, extradition, law-enforcement cooperation, technical assistance and training. It is incumbent upon Member States to marshal the necessary political will to ratify and to implement this convention and its protocols, as a necessary first step towards combating transnational organized crime. Regrettably, participation in these instruments is still far from universal. Drug trafficking is closely linked with other crimes such as money laundering and financing of terrorism.  Kenya has increased its efforts in fighting these two crimes. Kenya is a member and participates in the Eastern and Southern Africa Anti-Money Laundering Group (ESAAMLG), a sub-regional initiative to combat money laundering. Last February, ESAAMLG held a joint session with the Financial Action Task Force on Money Laundering, in Cape Town, South Africa, to discuss ways of building effective infrastructures in the fight against money laundering and terrorist financing in emerging economies, as well as to investigate the links between corruption and money laundering and terrorist financing. Kenya demonstrated its commitment to counter corruption by being the first country to sign and to ratify the United Nations Convention against Corruption in December 2003. This Convention offers an unprecedented legal framework to fight corruption. While we are gratified that ratifications to this Convention continue to increase steadily, we are concerned that a great majority of the current States Parties are from developing countries. However, to achieve full implementation of this convention, Kenyas require participation by all regions of the world. This is particularly important for the implementation of the provisions relating to the transfer of assets of an illicit nature and their return to the countries of origin. Kenya is on course with its anti-corruption strategy and has upgraded its legal framework and reinforced weak institutions and established new programs which would provide leadership in the fight against corruption. In closing, Kenya wishes to commend the United Nations Office on Drugs and Crime (UNODC) for its continued support for regional initiatives aimed at combating transnational organized crime. In this regard, we welcome the recent adoption in Abuja, Nigeria, of the Programme of Action for Africa for the period 2006-2010. The Programme, whose main objective is to strengthen the rule of law and the criminal justice systems in Africa, is a beacon of hope for a majority of African countries, faced with the formidable task of combating transnational organized crime, insecurity and under development. We call on all Member States to be encouraged by our example and continue to fight production, trafficking and consumption of illicit drugs. In order to effectively combat the spread of illicit drugs, the international community must create an environment where interests of the developing countries can be tangibly promoted and their citizens can afford alternate ways to provide for themselves and their families. One of the key elements in Kenya’s combat against illicit drugs is to develop programs that reduce shifting agriculture as well as to strike poverty. Kenya argues that the persistence of the drug problem is due to the fact that some citizens do not yet have opportunities and alternatives to give up their traditional crops and methods of cultivation. The vicious cycle of rural poverty, that in many cases forces some citizens to grow illicit crops, could be eradicated by at least three main macro policy programs namely ensuring food security, enhancing opportunity for income generation and developing physical and social infrastructure. Therefore, Kenya urges the international donor community to provide critical support to developing countries struggling with the problem of illicit drugs. In this spirit, we call upon all countries, international organizations, and financial development institutions to render their support to the common task.

 

Position Paper for the World Trade Organization

The Republic of Kenya was among the founding members of the World Trade Organization (WTO). Kenya is fully committed to the use of trade as a vehicle for advancing the economic and social development of the entire international community as we have all pledged in the preamble of the United Nations Charter.  Kenya commends the Doha Development Agenda. It is the role of this organization to develop a framework that will create that confidence by ensuring that world trade promotes equitable sustainable development for all of humanity. Kenya therefore calls on all countries to take into consideration the development needs of Least Developed Countries (LDCs.)

1. Furthering Trade Facilitation Based on the 2005 Hong Kong Ministerial Declaration

Kenya recognizes the importance of the multilateral trade system to all states, particularly developing and the least developed nation states.  Multilateral trade plays a critical role in Kenya’s economy.  Kenya recognizes and applauds the progress that has been made through the Uruguay Round and the resulting Agriculture Agreement to reduce distortions in agricultural trade and remove non-tariff policies.  In Kenya progress in other sectors is dependent upon the correction of distortions in agricultural trade. Kenya argues that the key challenge confronting the multilateral trading system is ensuring developmental interests of developing countries.  The promotion of development should be the core business of the multilateral trading system. Kenya asserts the need for the end of subsidies, aid for trade and preservation of WTO litigation. Kenya articulates the steps needed in ending subsidies are the elimination of export subsidies and reduction of import tariffs.  Export subsidies hinder developing countries ability to compete on an international scale.  Reducing export subsidies is necessary for free and fair trade.  Kenya supports a reduction of import tariffs on agricultural products to further reduce barriers to import.  Kenya is a supporter of Aid for Trade and feels that the negotiations must take into account the limited capacity of the LDCs to negotiate on a broad basis and implement new commitments.  At the 6^th WTO Ministerial in Hong Kong, UN Secretary General Kofi Annan stated, “Aid for trade – aid to build infrastructure, create capacity and cover the costs of adjustment – should be considered an indispensable part of the Doha Round.” Furthermore, as noted in the 2004 United Nations Conference on Trade and Development (UNCTAD) Least Developed Countries Report, it is essential to provide “increased and effective international financial and technical assistance for developing domestic production and trade capacities.”  Kenya is also a firm supporter of measures to promote sustainable development and environmental protection, including Green Box subsidies that do not impair developing countries’ exports.  The multilateral trading system must allow for the accommodation of these measures.  It is important to preserve the ability of countries to maintain their food security. Kenya approvingly notes the statements of Kofi Annan: “Development — real gains in real peoples’ lives — remains the primary benchmark for success of the Doha Round. [And] development writ large is the standard against which your efforts will be judged.”

 

1. The Relationship between WTO Rules and Multilateral Environmental Trade Agreements

In Kenya, nearly 80% of the population depends on agriculture and sustainability is of upmost importance.  Kenya argues that one of the main challenges facing this body in promoting international trade is improving environmental trade agreements of the World Trade Organization.  Kenya emphasizes the need for education on sustainable development, relevant policies, legislation and regulations to enforce and ensure economic production process based on respect of natural and cultural resources as well as innovative and shared cleaner and appropriate technologies.  Kenya reaffirms the adoption of Education for Sustainability principles as stated by Agenda 21.  The Government of Kenya and Inter-Governmental Organizations should place Education for Sustainable Development (ESD) in the center of the national and international Agenda.  The creation of a trade environment conducive to sustainable development requires the continued implementation of the Marrakesh Agreement. Kenya calls particular attention to its perambulatory clause stating, “Recognizing further that there is need for positive efforts designed to ensure that developing countries, and especially the least developed among them, secure a share in the growth in international trade commensurate with the needs of their economic development.” Kenya recognizes the importance of taking decisions by consensus as enshrined in Article 9 of the Marrakesh agreement.  Kenya applauds the work of the Subcommittee on Least-Developed countries in promoting LDC participation, advancing technical cooperation and monitoring existing provisions.  Kenya recognizes that civil society and NGOs have a positive role to play in the development of an equitable multilateral system.  It is essential that NGOs be given continued access to the Ministerial meetings.  Development-oriented NGOs have a role to play in providing information on matters of technical cooperation, the progress of and the effects of WTO actions on states.  Kenya recognizes its effectiveness and that its procedures should remain restricted only to those parties involved in the dispute.   Kenya reiterates the words of Elizabeth Tankeu, the African Union Commissioner for Trade and Industry: “Africa’s major objectives as articulated in the New Partnership for Africa’s Development (NEPAD) program are to achieve rapid and sustainable development, to rid our continent of chronic poverty, and integrate it into the global economy as a strong partner. In the current era of globalization…these objectives cannot be achieved if the imbalances against our continent in the current multilateral trading system persist.”  Kenya therefore urges all WTO members to work towards a system that will allow for sustainable environmental trade on a state specific basis.

 

III. The Role of Regional Trade Agreements in the International Trading System

The Republic of Kenya firmly supports the General Agreement on Trade in Services (GATS) and is dedicated to further negotiations.  Kenya wishes to underscore the bilateral offer-request system, capacity building, government procurement of goods, autonomous liberalization, and Mode 4.  The service sector plays an increasingly important role in many country’s economies, amounting to 54% of Kenya’s GDP. As such, increase of trade in this sector provides an excellent opportunity to further the economic development that all WTO members desire.  However, Kenya reinforces the sentiments expressed by African Union Commissioner for Trade and Industry Elizabeth Tankeu: “It is a matter of great concern…that in spite of the commitment made in Doha by the international community to place development at the centre of the current Round of WTO negotiations, important issue of interest to developing countries, especially those in our continent, have so far not been properly and adequately addressed.”  Specifically, Kenya calls attention to Article XIX of the GATS which states, “The process of liberalization shall take place with due respect for national policy objectives and the level of development of individual Members, both overall and in individual sectors.”  Kenya argues that this principle must be upheld in any further negotiations and those developing countries, particularly LDCs, should maintain the right to decide the pace of liberalization in each particular sector that will further their sustainable development. The negotiations need to take into account the Special Session of the Council for Trade in Services, which recognize the difficult nature of the complex negotiations and states that “Members shall…give special priority to providing effective market access in sectors and modes of supply of export interest to LDCs.”  The success of liberalization of trade of services also requires the expansion of programs such as the Joint Integrated Technical Assistance Program that educates countries on the Multilateral Trading System.  Liberalization in services must not proceed at the expense of human and environmental health and welfare.  Kenya also argues that these principles must apply more stringently to the area of government procurement of goods and services.  Kenya urges that market access to developing states’ service exports must factor in the voluntary liberalization of certain sectors.  The development-oriented trade round requires the continuing use of special and differential treatment for countries to pursue their poverty reduction strategies.  Finally, Kenya emphasizes the importance of Mode 4 in promoting economic and social growth.

 

Position Paper for Economic and Social Council

Kenya is associated with the African, Caribbean and Pacific Group of States (ACP) in cooperation with European Union (EU).  Kenya is also a member of the Non-Aligned movement and is uniquely poised to mediate global partnerships between developed and developing countries.  The topics before the Economic and Social Council are:  Partnering for Development:  Partnerships between Developed and Developing States; Working Towards the Achievement of Millennium Development Goal 7:  Ensuring Environmental Sustainability; and Increasing Coordination of Humanitarian Agencies with the UN System.  The consequences of the current global financial crisis are felt throughout the world and never before has the fate of all peoples been so dependent upon what immediate actions can be taken by a united international community.  To this end, Kenya is determined to meet emerging challenges with cooperative international strategies that promote efficiency in achieving global environmental and economic objectives.

1. Partnering for Development: Partnerships between Developed and Developing States

Kenya supports ongoing efforts to reform international financing for development and is sensitive to the concerns of developed countries that prefer the security of bilateral partnerships to multilateral programmes.  Partnerships between developed and developing countries are necessary to address the immediate need shortages, however should be dealt with as temporary, short-term strategies with the purpose of eventually stabilizing international financial institutions so that multilateral financing becomes a more secure investment option.  Although Kenya is impressed by the results of partnerships between developed and developing states, it believes far more can be achieved if all efforts are coordinated and monitored according to international standards and the further democratization of Bretton Woods institutions.  The Millennium Development Goals (MDGs) demonstrate the international community’s resolve to face global challenges of the 21^st Century.  General Assembly resolutions A/RES/60/201, A/RES/59/310, and A/RES/59/255 describe the necessary integration of the international community to achieve the MDGs.  Goal 8 emphasizes global partnerships for development, which specifically include state and non-state actors like private companies, foundations and civil society.  The New Partnership for Africa’s Development (NEPAD – A/RES/60/1) echoes this sentiment because it encourages the participation of stakeholders, including civil society and the private sector to intensify efforts aimed at strengthening institutions for governance and attracting foreign direct investment.  Kenya would like to see more comprehensive development strategies generated through increased participation of Member States, private companies and civil society in global partnerships for development.  The African Union and African Development Bank already provide powerful governance and financial forums for crafting more effective development strategies in localities throughout the region.  Such efforts should follow the recommendations of ECOSOC Resolution 2008/17 on the Social dimensions of NEPAD, including, as appropriate, debt relief, improved market access, support for the private sector and entrepreneurship, enhancement of official development aid, increased foreign direct investment and the transfer of technology.  Kenya encourages all Member States to promote favorable conditions for trade and investment by exploring more efficient, coherent and consistent macroeconomic strategies built on mobilizing domestic resources, while working to eliminate harmful financial support and unproductive spending.  The inclusion, coordination and engagement of the private sector are essential to achieving partnerships for development because private companies can legitimately transfer expertise in technology and management from developed to developing countries.  Strengthening of international institutions is elemental in this regard, so that the focus for all partners is on establishing social and economic justice for all human beings before national interests or the exploitation of human and environmental resources.

1. Working towards the Achievement of Millennium Development Goal 7: Ensuring Environmental Sustainability

For Kenya, the Millennium Development Goals (MDGs) represent an attempt provide global benchmarks for future achievements, which require the unyielding commitment of every nation if they are to be realized and surpassed.  Of the MDGs, Kenya believes MDG 7 is the most important, as it is fundamental to achieving any of the other goals.  The most effective and realistic means for eradicating poverty, hunger and disease is to ensure that environmental quality and quantity are maintained in the long-term. General Assembly resolutions A/RES/60/201, A/RES/59/310, and A/RES/59/255 demonstrate the international community’s genuine concerns for peace, security and environmental sustainability in Africa. In addition, Kenya stresses the importance of the Global Environment Facility (GEF), the United Nations Environment Programme’s (UNEP) Medium-term Strategy for 2010-2013, the Barbados Progamme of Action, Mauritius Strategy, and the Bali Strategic Plan for Technology Support and Capacity Building in translating international commitments into local action. Kenya’s main environmental concerns are land degradation, including desertification, and water pollution/scarcity.  For Kenya and other developing countries, there are several obstacles to reversing the impacts of mismanaged land and water resources.  Developing countries have a limited capacity for environmental management, especially in rural areas and slums, where this type of management is most important.  Insufficient institutional and legal frameworks in developing countries inhibit the success of development projects for education, water, health and environment.  Kenya recommends a larger proportion of investments be allocated for coordinating and enforcing national policies that are in-line with international directives like the MDGs.  Financing options for developing countries are few, if any, because they are characterized by conditions conducive to corruption; making them “high-risk” for foreign direct investment and limiting their eligibility for such funding.  In Africa, the provision of ecosystem services is on the decline, as is access to water and sanitation.  As a result of changing circumstances in the global economy, there is a need for thorough reviews of current undertakings directed at implementing Agenda 21, the Johannesburg Plan and the Monterrey Consensus on Financing for Development.  For these circumstances to be addressed, the international community must decide on more measurable environmental objectives and devise more powerful mechanisms for compliance.  Stability in international institutions and decision-making bodies will reinforce efforts to strengthen local and national institutions in developing countries, which are also without the expertise or technical support to adequately address environmental problems.  Private contractors possess relevant expertise and operate with efficiency.  Hence, financial reform should also increase developing countries’ access to the technical expertise of developed countries through the allocation of international subsidies for private-public partnerships guided by an internationally determined code of ethics.  Kenya supports the integration of ecology into current policies, society/community-centered over state-wide approaches to project implementation, strengthening UNEP and the establishment of a World Environmental Organization, where it does not see these reforms to be independent of each other, but each urgently necessary in its own right.

III. Increasing Coordination of Humanitarian Agencies with the UN System

Kenya recalls the Hyogo Framework for Action 2005-2015 and emphasizes full implementation of the Framework aimed at building the resilience of nations and communities to disaster.  Strengthening partnerships in governance, the private sector and civil society to achieve the MDGs must be accompanied by provisions for humanitarian assistance through increasing regulation and coordination of non-governmental organizations (NGOs).  Kenya agrees that this is especially urgent regarding emergency response and ongoing operation and maintenance (O&M) support for development projects (A/RES/59/212).  Risk factors for social and environmental disasters depend on national capacity for emergency response and are enhanced by degraded environmental conditions, faulty infrastructure, and restricted access to basic needs like food, water and sanitation.  Global response to humanitarian emergencies in high-risk sectors is inefficient because it lacks a central planning agency that would prevent NGOs from displacing local recovery efforts and ensure that funds allocated are need-based and not politically motivated.  Kenya is familiar with the use of humanitarian agencies, but also aware of their tendency to inadvertently impose principally “western” religious, economic, social and/or cultural mandates that are in conflict with their functional purpose:  to make their presence unnecessary in the long-term.  Kenya wishes to advance the notion that national governments are justified in denying access to humanitarian agencies, even during emergencies, until an institutional order can be established that is capable of holding these agencies accountable for their motives and obligations to the people they help.  The establishment of international regulatory bodies and formal networks of operation for humanitarian agencies may avert tendencies to pursue self-defined operational imperatives that can be threatening to local and national cultural values, while making their contributions more valuable.  Kenya commends the establishment of the Inter-Agency Standing Committee (IASC) to work towards a common ethical framework for all humanitarian activities and provide a forum for discussion on humanitarian policies.  Increasing instances of climate-related disasters and instability of food and fuel prices during a global financial crisis reveal a pressing need for more coordination in the activities of humanitarian agencies.  Without coordination at local, regional and international levels, these agencies, often with overlapping mandates, enter into competition with each other and waste limited resources.  Kenya believes the IASC should focus on determining the scope and functions of coordination initiatives through a principle consideration for the purpose of humanitarian agencies.  Meanwhile, foreseeing the mobilization of international responses at all levels should complement cooperation among these agencies and the UN System on delineating areas of heightened risk for social and environmental disasters.

Position Paper for the General Assembly Plenary

1. 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. The United 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, Kenya would 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 of Kenya 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, Kenya reaffirms 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 French 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 evident Kenya’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) in Cairo, 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 leave Kenya for 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 in Kenya for 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 1951 Geneva conventions 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.

 

General Assembly First Committee: Disarmament and International Security

The Republic of Kenya supports all previous efforts made by the General Assembly First Committee in the areas of disarmament and international security and looks forward to addressing the issues of upholding the status of Prisoners of War according to the Third Geneva Convention, fighting illicit trade and trafficking of nuclear material, and preventing an arms race in space.  As a dedicated member of both the United Nations (UN) and the African Union (AU), Kenya strongly encourages peaceful co-existence and peaceful settlements of all disputes that the world is faced with today as well as the increased cooperation between all working bodies affiliated with the United Nations and all nations throughout the international community to carry out the principles and goals set forth in the Charter of the United Nations and related international treaties.

1. Upholding the Status of Prisoners of War According to the Third Geneva Convention

In agreement with the Geneva Convention Relative to the Treatment of Prisoners of War, the Republic of Kenya strongly condemns the torture, mistreatment and degradation of prisoners of war (POW).  Strongly supporting Part II of the Third Geneva Convention, especially Articles 13-16, Kenya calls for the immediate cessation of all acts in violation of the rights of POWs.  These infringements on the basic human rights that need protected for every individual throughout the world need to be addressed and eradicated as soon as possible.  Kenya has been working diligently to incorporate international treaties on human rights into relevant national legislation to prohibit violations of the right to life and protection from torture and other inhuman and degrading treatment.  Kenya encourages all Member States to take similar actions in order to include the Third Geneva Convention in their own nation’s governmental and legal systems. In addition, they need to ensure that no further violations of human security are committed by any actor within the international community.  Many important steps have been made to stop the mistreatment of POWs, including the United States’ recent decision to suspend operations of the Guantanamo Bay military council with hopes of shutting down the facility within the next year.  The Third Geneva Convention has been immeasurably valuable in combating the degradation and ill-treatment of prisoners of war throughout the world since it was put into force on October 21, 1950.  However, the need to update and revise the Third Geneva Convention has dramatically increased due to new developments in military offensives and changes in the characterization of war.  Most notably, the War on Terror has changed the definition of war because the Taliban and Al Qaeda fighting groups are not part of a government-authorized military group and therefore do not abide by the internationally accepted laws of war in their methods of combat and wear no distinguishing insignia to identify them as part of a military group which is required for them to be able to be classified as POWs upon their capture by opposing forces.  Because of these differences in what war is waged against as well as the characterization of fighters, a new term has been given to those captured during the War on Terror; unlawful combatants.  By making this distinction, those captured do not receive protection under the rules and provisions of the Third Geneva Convention. It is also important that we highlight the importance of incorporating other international agreements such as the United Nations Declaration of Human Rights, Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment and Protocol I to the Geneva Convention in revisiting and reworking the Third Geneva Convention to ensure that the rights of all prisoners of war are maintained throughout the world.  Kenya strongly urges that such inconsistencies are addressed and other necessary updates are made so no further mistreatment of captured combatants will occur.

1. Fighting the Illicit Trade and Trafficking of Nuclear Material

The Republic of Kenya is alarmed and disturbed by any effort made to illicitly sell, trade, traffic or acquire nuclear material.  The threat of clandestine nuclear programs created by Member States, terrorist organizations or other non-state actors is one of the most pressing concerns the international community faces today and should be thwarted by any available means.  The International Atomic Energy Agency’s (IAEA) efforts to minimize the unlawful trade and transfer of nuclear materials through efforts such as the Illicit Trafficking Database (ITDB), the Waste Management Advisory Program (WAMAP) and the inspections carried out under Article III of the Nuclear Non-Proliferation Treaty (NPT) are appreciated and have made great steps in curbing the illicit trade and trafficking of nuclear material. Kenya is also encouraged by other international agreements such as the Fissile Material Cut-off Treaty (FMCT) that takes commendable steps to eliminate the production of weapons-grade uranium and plutonium altogether.  Yet there is still more work that needs to be done, particularly to ensure that no terrorist organization, such as Al Qaeda, is able to produce a nuclear weapon.  For this reason, Kenya strongly supports all past resolutions that work towards suppressing the acquirement of nuclear weapons by terrorist groups including A/RES/59/290, 59/80, 58/48, and 57/83.  Kenya recommends that the Counter Terrorism Committee and IAEA create a working relationship to deter the efforts of terrorist organizations to attain radioactive material.  This partnership would focus on tracking nuclear material and terrorist activity simultaneously to discover and bring an end to any suspicious movement between the two areas of concern.  Kenya also argues that creating regional partnerships and increasing transparency can help to deter the existence of an illicit market for nuclear material and technology.  Under Article VII of the NPT, States are given the power to “conclude regional treaties in order to assure the total absence of nuclear weapons in their respective territories.” Many of these agreements have been made to create Nuclear Weapon Free Zones, including the African Nuclear Weapon Free Zone established by the Treaty of Pelindaba which Kenya ratified January 9, 2001.  These agreements are a positive step in deterring the creation of belligerent nuclear programs without infringing on the rights of Member States to use nuclear technology for peaceful purposes.  Nuclear Weapon Free Zones also create a forum for cooperation in the areas of nuclear technology throughout large regions that can help foster communication between States.  This collaboration is a crucial component in combating the unlawful market and transfer or radioactive material and nuclear technology and Kenya urges that all States work towards creating such agreements.  States party to such agreements should also consider creating a regional program similar to the International Atomic Energy Agency’s ITDB to monitor the movement of nuclear material within the borders of the Nuclear Weapon Free Zone.  Noting the success of the ITDB, Kenya contends that creating similar programs that can focus on a specific region of the world will be helpful because the two separate systems can create a more comprehensive monitoring method overall. The illicit trade and trafficking of nuclear material is an issue of utmost importance and Kenya argues that through measures of regional cooperation and inter-organization collaboration it is possible to minimize the threat posed by such actions.

III.  Preventing an Arms Race in Outer Space

Since the beginning of the exploration of space one of the United Nation’s greatest concerns has been preventing the militarization of outer space.  The Republic of Kenya, in agreement with the UN’s efforts, is disturbed by any actions taken that could spark an arms race in outer space.  The use of outer space for anything besides peaceful, scientific explorations is strongly discouraged and should be avoided by all Member States.  Kenya commends the UN’s previous actions to thwart the militarization of space, including the Outer Space Treaty of 1967, the creation of the Committee on the Peaceful Uses of Outer Space (COPUOS) and past General Assembly Resolutions including A/C.1/57/L.30, A/C.1/63/L.4 and A/Res/62/20.  Such agreements and working groups will be essential in making sure that outer space remains a place for scientific discovery and exploration without the threat of military implications.  The use of outer space needs to be closely monitored to make sure that no state is able to use it for belligerent purposes.  This includes deterring the use of Anti-Ballistic Missiles and Intercontinental Ballistic Missiles that travel through outer space in order to reach their intended target.  An important step in ensuring that space is used solely for peaceful purposes is the Space Preservation Treaty (SPT) that calls for a complete ban of weapons in space as well as for the establishment of a peacekeeping force to monitor the use of outer space.  Kenya regrets the lack of success that the Conference on Disarmament has had in addressing the matter of preventing an arms race in outer space.  Because of this, Kenya suggests a system that mirrors the United Nations Convention on the Law of the Sea should be established to govern the use of outer space in accordance with the goals set forth in the SPT.  This system would promote the importance of international cooperation to ensure that outer space is solely used for scientific purposes and to enhance regional cooperation to provide for these ends.  During the negotiations of the terms of the legal structure, the Conference on Disarmament should lead the agreement process and be put in charge of settling future disputes between states in regards to the legality of their actions under the new terms governing the use of outer space.  Since outer space is the common heritage of all humankind, it is essential that no one state should be allowed to dominate it.  The threat posed by one state gaining absolute control of outer space and being able to deny or strictly limit the access other states have to it should be considered a great concern of every member of the international community.  It is vital that we protect everyone’s right to peacefully explore outer space without the threat of one nation militarily monopolizing outer space and creating more turmoil and unrest throughout the world.  By continuing to follow the Outer Space Treaty of 1967 and the rulings of COPUOS in addition to creating a new set of laws to regulate the use of outer space, Kenya argues that it is possible to greatly reduce the danger posed by an arms race in outer space.

Position Paper for General Assembly 2nd Committee (Economic and Financial)

The topics before the General Assembly 2^nd Committee are: Climate Change Economics; Economic and Trade Policies to Address Food Price Volatility; External Trade and Macro-financial Assistance to Developing Countries. Kenya, recognizing the importance of these issues within itself and other nations, is eager to participate in a collaborative effort so as to address these topics and develop sustainable and multilateral resolutions for them. Kenya is diligently working to achieve the Millennium Development Goals (MDGs) and will continue to maintain this steadfastness until the MDGs have been met. By addressing these 2^nd committee topics, the United Nations will be in effect addressing the MDGs such as ending poverty and hunger; environmental stability; global partnerships. Only together, with mutual selflessness and careful decision-making, Kenya expresses its hope that the concerted efforts of the UN and its member states will one day replace poverty and destitution with peace and prosperity.

1. Climate Change Economies

In a statement regarding the urgency of addressing the scope and scale of global climate change, Secretary-General Ban Ki-moon said “given the nature and magnitude of the challenge, national action alone is insufficient… we need to confront climate change within a global framework, one that guarantees the highest level of international cooperation.” Kenya supports the Secretary-General’s statement because Kenya is aware of the potential consequences if the global community does not further unify its efforts to deal with the immediate impacts of climate change while planning for the future by ratifying global accords aimed at reducing greenhouse gas emissions. The impacts of climate change have already been devastating to economies throughout the world and directly threaten human quality of life. Not only do African countries suffer and on more intense levels, but all countries are affected and responsible. Therefore, Kenya reminds all member states of resolution A/RES/43/53 which calls upon governments and intergovernmental organizations (IGOs) to collaborate in efforts to prevent detrimental effects of activities that affect the ecological balance. It also calls upon non-governmental organizations (NGOs), industries, and other productive sectors to recognize their environmental impact and adjust their policies accordingly.  Kenya applauds the efforts of the United Nations Framework Convention on Climate Change (UNFCCC), which considers climate change a global issue. The UNFCCC calls for member states to look at their immediate impacts on the environment and to formulate preventive strategies. Kenya strongly encourages all member states, but in particular the remaining Annex-B countries (industrialized countries that are identical with the Annex-I of the UNFCCC) that have not already signed, to sign and therefore agree to the guidelines set by the Kyoto Protocol. Kenya also draws attention to the global economic problems that could arise should the world not effectively address the issue of climate change. Kenya urges a multilateral initiative in which all member states follow suggested guidelines from the qualified IGOs and NGOs such as: (Intergovernmental Panel on Climate Change (IPCC), the United Nations Environment Programme (UNEP), and the World Meteorological Organization (WMO.)  The work of the organizations focuses on lessening environmental fluctuations and reversing the effects of harmful environmental policies and practices.   This is an efficient course of action in saving and preserving the world’s natural economic resources. Kenya recognizes that there is no immediate solution to climate change, but it demands immediate attention none-the-less. Therefore, Kenya and individual countries must make substantial and transparent changes to move the economies to a more sustainable foundation. Constructive changes include, but are not limited to:

• Restricting the use of petroleum-based fertilizers for agricultural projects. This is due to the large amounts of water demanded by this method and because of water scarcity issues; these fertilizers will only weaken agricultural economies.
• Redoubling efforts towards utilizing sustainable agricultural techniques such as crop rotation, cover crops, soil enrichment, natural pest predators, and biointensive integrated pest management.
• Working towards using alternative energies such as biomass energy, wind energy, and solar energy in areas that are applicable.

  Due to droughts and other issues directly linked to climate change, Kenya and the World Food Programme (WFP) are predicting that there will be an increase in the number of Kenyans needing assistance from 1.2 million to 3.2 million. Kenya is affected by direct factors such as climate change destroying agricultural projects and indirect factors such as the demand for ethanol from developed countries. In every country there is a level of poverty that must be addressed. In addition, the absence of stable food prices is making the issue of poverty more complex. Recognizing these challenges, Kenya reminds all member nations of resolution A/RES/55/2 which states that the global community will spare no effort to free its fellow men, women and children from the abject and dehumanizing conditions of extreme poverty. It states that the UN must be committed to making the right to development and basic constructs a reality for all individuals. Over the years, Kenya has been greatly involved in carrying out the fight against hunger via direct and indirect methods. Kenya’s position is that hunger needs to be addressed at all levels, international and domestic, and supported by aid relief. Member states must attempt to predict damaging food security situations, take preventive measures, and prohibit the development of counterproductive policies. For example, Kenya is strongly against artificial surpluses that, in effect, harm local farmers. State policies need to address hunger alleviation and the establishment of sustainable food supplies. Establishing stable food supplies by focusing positive reconstruction efforts upon local infrastructure to ensure food is utilized efficiently. Kenya also encourages the possible promotions of micro loans to enhance local infrastructure. This has been a proven method for individual farmers and fishermen across multiple regions of the world and is, therefore, applicable and recommended. Micro loans to farmers and fisherman would not only enable better means of transportation but it would also grant easier access to markets. Australia is another strong supporter of this type of individual and local approach. Kenya reminds the committee that micro loans alone will not provide a solution to the problem of hunger. Desertification, drought and other ecological catastrophes are at the top of a long list of obstacles to alleviating hunger. Another action that Kenya recommends is practical global financial assistance for disaster relief. For example, Kenya has repeatedly supported attempts to halt desertification in Africa by urging member states to provide the proper funds for said efforts. Furthermore, Kenya carries the hope that all countries, especially industrialized nations, will be more aware of developing countries when it comes to mandating agricultural policies. This is crucial to remember due to the history of industrial countries’ dominance over markets that have forced numerous developing countries to have insecure food markets. Insecure food markets lead to poverty and hunger, thus, leading to the creation of political instability and social conflict. In the end, nations must craft global policies with domestic solutions. Food price instability is one of the multiple roots of this problem. If the United Nations is able to develop a proposal that will deliver a practical and sustainable solution, then there will be hope that the global quality of life will drastically improve and countless lives will be saved.The work of Muhammad Yunus is a shining example of the success of micro finance. His works in Bangladesh earned him the Nobel Prize. Kenya considers his work exemplary in regards to the challenge of overcoming poverty and restoring human dignity. Kenya urges all member states to work closely with NGOs and IGOS alike, to provide micro financial assistance to all countries without infringing upon their sovereign rights as stated in article 2 of the UN Charter. Kenya acknowledges the capabilities of the United Nations Capital Development Fund (UNCDF) and the World Bank (WB) and applauds their efforts in assisting Least Developed Countries (LDCs) through micro financing. Yet, their efforts have at times been hampered by internal factors such as poor political systems and institutional instability. In response to this, Kenya urges all member states to recognize that a beneficial solution to this problem is to allow an NGO, such as the Foundation for International Community Assistance (FINCA International), to oversee the efforts of the UNCDF and the WB, by setting conditions for investment loans amongst developing countries. Kenya emphatically stresses that all member states, particularly those developing states receiving assistance, must be wary of the risks of privatization through public-private partnerships. Privatized loans to individuals require immediate repayment. This often leads to individuals seeking relief in criminal endeavors. This underlines the need for financing strategies in the form of a delayed payment program.   Kenya urges member states to realize that this is not only an economic development issue, but a national and or domestic security issue as well. It is imperative that member states address the issues of external trade and micro finance assistance in an efficient manner. Being a member of the Economic Community of Central African States (ECCAS) enables Kenya to coordinate and plan with other African nations.  It is important to acknowledge that when a population is invested in their communities and provided with economic opportunities, they will choose to invest their individual human capital potential in their community. Kenya currently supports more than 1,500 microcredit organizations located throughout the country, many of which provide literacy programs and other educational initiatives.  NGOs have established banks in towns and villages that are sustained free of continued monitoring and aid assistance.  The continued use and bolstering of Kenya’s microcredit organizations will create more stability and the citizenry of Africa.

• III. External Trade and Micro Financial Assistance to Developing Countries
• II. Economic and Trade Policies to Address Food Price Volatility

        Position Paper for the General Assembly Third Committee Social, Humanitarian and Cultural

The Republic of Kenya, an active member of the United Nations since 1961, is deeply concerned by social, cultural, and humanitarian issues brought up by the General Assembly 3^rd in the effort to support good governance and the improvement of the quality of life. Kenya, on behalf of African states, encourages the partnerships within the UN system for promoting social development as a means of achieving Millennium Development Goals and elimination of poverty.

1. Examining the uses and implementation of technology in education and social development

Kenya is aware of the fact that the information and knowledge age is here and more attention needs to be drawn to the challenge of providing education to the majority of the population, especially in developing and less-developed countries (LDCs). We declare that Information and Communication Technologies (ICT) is one of the key areas for education and social development and benefits of new technologies should be available to all, as stated in the Poverty Reduction Strategy Paper (PRSP), Kenya Education Network (KENET) vision, Directorate of e-Government: on a national level; New Partnership for African Development, Asia-Pacific Development Information Programme – on a regional level; World Bank Education for All Fast Track Initiative (EFA), Dakar Declaration, World Summit on the Information Society (WSIS) and the follow-up Internet Governance Forum, and the Millenium Development Goals (MDG) – at a global level. Resolutions A/RES/56/183, A/RES/60/252, A/RES/63/227 further enhance the potential of technology for achieving the goals of the United Nations Milenium Declaration and the urgently needed access of all countries to information. All these mechanisms reaffirm the commitment to collective action for developing and using science and technology for a better quality of education and social services. This is necessary bearing in mind that universities in certain regions of the world, particularly in Sub-Saharan Africa, including Kenya, suffer from low numbers of trained faculty, practically non-existent levels of research, outmoded programs, poor quality of educational materials, and lack of connectivity and network infrastructure. For an efficient implementation of these targets, Kenya considers the further financial assistance of programmes and projects sponsored by: the World Bank, the International Development Agency, the Canadian International Development Agency, the Norwegian Agency for Development Cooperation, and the European Union, as extremely necessary. Kenya supports the wide use of Internet technology in teaching, research, and sharing of other information resources to the general population. We also encourage the public-private partnerships to mobilize resources in order to support e-learning initiatives, develop integrated e-learning curriculum to support ICTs for education and community growth. We urge the promotion of the Global E-schools and Communities Initiative (GeSCI) as part of the United Nations ICT Task Force, which has had successful results in initiating a sustainable framework for ICTs in educational systems in countries like Bolivia, India, Ghana, Rwanda and Namibia. Kenya seeks the promotion distance education and virtual institutions, particularly in higher education and training. Creating virtual learning systems like the African Virtual University is one solution. Being transformed in an independent inter-governmental organization, based in Nairobi, Kenya, it operates over 34 learning centers in 17 African countries, bringing world-class educational instruction to the most isolated communities in Sub-Saharan Africa. Another recent initiative, “Learning By Ear”, is a multilingual, interactive distance education programme for young radio and Internet audiences in Sub-Saharan Africa. Sponsored by Deutsche Welle, the program provides a supplement of knowledge and skills in developing and transitional countries. Kenya stresses these successful examples in the hope that similar projects will be initiated in other regions of the world. Kenya urges the importance of Information Technology (IT) in Health Services in order to improve equity and quality of life by utilizing IT in health delivery systems. Kenya calls upon Member States to include providing IT facilities in all public health facilities, providing IT training to medical staff, setting standards and norms for IT in the healthcare system, developing legislation governing telemedicine and health information, and establishing national resource centers for IT in the healthcare system. Kenya also draws attention to the success of a unique regional project “Best Practices in HIV/SIDA” of the African Medical Research Foundation (AMREF), across 5 African countries (Kenya, Uganda, Tanzania, Rwanda and South Africa), which has mobilized African civil society around the importance of ICT policy for the development of the continent. Thus, Kenya will continue to stress the use of information and communication technologies for an effective response to HIV/AIDS in Eastern and Southern Africa, and encourages other countries to do the same.

1. Promotion and protection of rights of children in conflict

Kenya is dedicated to providing special rights for children affected by various forms of conflict or crisis be it war, extreme poverty, or natural disasters. We underline the gravity of the problem, whereas according to UNICEF, because of their inability to defend themselves, two million children have been killed in armed conflicts in the past decade, six million have been left homeless, 12 million injured or maimed and 300,000 made soldiers through kidnapping, deceptions or intimidation. Kenya is concerned by the non-ratification of Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict by all the Member States. We declare that provision of the minimum age for compulsory recruitment in armed forces to 18 years, exhorts armed groups not to recruit children under the age of 18 and requires State Parties to take all possible measures to punish such practices. Recruitment should be entirely and genuinely voluntary and carried out with the full informed consent of the persons being recruited. Kenya also emphasizes the commitment made by the Governments to the “Paris Principles and Guidelines on children associated with armed forces or armed groups”, which intends to “prevent unlawful recruitment or use of children; facilitate the release of children associated with armed forces and armed groups; facilitate the reintegration of children associated with armed forces or armed groups; and, above all, ensure the most protective environment for all children”. The Principles should be used along with the UN Integrated Disarmament, Demobilization and Reintegration Standards (IDDRS), and resolutions: A/RES/54/263, A/RES/59/261, A/60/231, and A/RES/62/141. Kenya emphasizes that reintegrating children and rebuilding families in zones of conflict is an essential part. We recommend that interventions by the international community and mechanisms such as UNICEEF, UN Committee on the Rights of the Child, must ensure integrated material and social basic assistance, such as the provision of shelter, health, and nutrition. Consideration should be given to the experience of the International Committee of the Red Cross (ICRC) with regards to tracing and re-establishing family links in cooperation with the national Red Cross and Red Crescent societies. We further place an emphasis on supporting protection systems for children. Schools must be designated as zones of peace and there must be efforts made to ensure awareness and training on the rights of children at the local level. Children should not be dealt with lone individuals but as a vital part of families and communities. In this regard, Kenya emphasizes the good practice of the plan “Non-Recruitment and Non-Participation of children below age 18 in armed conflicts”, which mandates national Red Cross societies to partner with governments to run programmes in the media exposing the dangers of wars to children; train teachers on children’s rights and sign pacts with armed groups not to recruit children to their ranks in case of conflicts. To prevent children from participating in fighting, there was a need to understand the causes that forced children to become soldiers. Other examples of successful mechanisms worth to be mentioned include “Action for children in conflict”, which proved to be an efficient organization in the rehabilitation of street children; “Nonviolent Peaceforce”, and “Coalition to stop the use of child soldiers”.

III. Improving Emergency Response through Humanitarian Reform

Kenya, a main recipient of humanitarian aids, recently due to food crisis and violence which has torn through the East African nation following last December’s disputed elections, suggests the importance of increasing the efficiency of coordination and implementation of humanitarian aid in emergency situations, as stated in A/RES/46/182, A/RES/62/94, A/RES/62/95, and A/RES/62/92. Kenya affirms that unpredictable nature of many international responses to humanitarian emergencies is an actual problem that needs to be addressed. We encourage the adoption of the “Cluster Approach” of the Humanitarian Response Review, as a way of achieving a more efficient inter-agency humanitarian coordination structure, and allow for improved service delivery and facilities. It assures predictability and accountability in international responses, clarifying the division of labor among organizations, and better defining their roles and responsibilities in the intervention process. The creation of the Central Emergency Fund is welcomed by the Kenyan Government, as for concentrating the funds more efficiently and enhancing response to time-critical requirements. Kenya calls upon Member-States to strengthen the capacity of national NGOs and local organizations to contribute to the humanitarian aid and increase their representation, as agreed upon the Global Humanitarian Forum meetings in 2007 and 2008. Kenya also supports the idea of bringing direct representation of these NGOs to the upcoming workshops and forums, in order to assure a most diverse presence for reaching solutions, as well as enhancing inclusion and partnerships for humanitarian aid.   Kenya urges that Information Management (IM) is a central element of the collaborative approach responding to humanitarian crisis situations, in particular at a time when a stronger and more predictable humanitarian response system is being set-up. Taking into consideration that there is a variety of data and information available from the emergency region to the country level and to the global level, United Nations Office for the Coordination of Humanitarian Affairs (OCHA) should actively promote and support cross-cluster and cross-sectoral information management and analysis, in particular at the strategic level. Kenya further encourages that OCHA, in collaboration with the Cluster Lead Agencies, should identify common standards and terminology that support information exchange between the clusters and sectors. Such successful initiatives are the Regional Inter-Agency Working Group on Information Management and Communications under the Inter-Agency Standing Committee (IASC), based in Kenya, and the Regional Humanitarian Partnership Team. Both of them enhance the importance of information- sharing and coordination between organizations in disaster preparedness and emergency response/ multi-country and cross-border coordination. Kenya argues that a back-up action would be to make the data available in a single platform, such as Geo Network. Kenya affirms that it is important to build awareness on the cluster approach and other aspects of the reform process. The role of the Humanitarian Information Centre or, where it does not exist, a common humanitarian information service (CHIS) entity should be reviewed and redefined in the light of the humanitarian reform process and the implementation of the cluster approach.

 

Position Paper for the United Nations High Commissioner for Refugees Executive Committee (UNHCR)

“While every refugee’s story is different and their anguish personal, they all share a common thread of uncommon courage – the courage not only to survive, but to persevere and rebuild their shattered lives” Antonio Guterres, U.N. High Commissioner for Refugees, 2005. Kenya welcomes all members of the United Nations High Commission for Refugees Executive Committee (UNHCR) and looks forward to finding viable ways to assist all refugees in rebuilding their shattered lives. Addressing the issues before us today: Return and Reintegration of Refugees and Displaced Persons, Addressing the Refugees and IDP Situation in Chad and Sudan, and Capacity Building in Regions with Refugee and IDP populations; moves us closer to this goal. Kenya reaffirms support for the development and implementation of policy within the mandate of the Executive committee and is fully committed to addressing these three issues in a cooperative, effective, and efficient manner.

1. Return and Reintegration of Refugees and Displaced Persons

“A lasting solution, the possibility to begin a new life, is the only dignified solution for the refugee himself.” Poul Hartling, UN High Commissioner for Refugees, 1978-1985.

Return and reintegration of refugees and internally displaced people remains a primary objective of the UNHCR executive committee. To achieve this goal Kenya seeks better communication and cooperation within UNHCR through the continued practice and improvement of the cluster approach. Kenya supports and views as vital the Untied Nations Office for the Coordination of Humanitarian Affairs (OCHA) and other relevant agencies, work to integrate and harmonize efforts between various UN agencies, non governmental organizations (NGOs), states, refugee and host communities in a similar conceptual method as laid out within the cluster approach as essential to developing a viable and efficient way forward in achieving full return and reintegration. Strategic planning and coordinated partnerships facilitated through the state with the support and involvement of the refugee and local host community must be the foundation of all return and reintegration projects. Kenya guided by the guiding principles on internal displacement contained in E/CN.4/1998/53/Add.2 dated 11/02/1998), reaffirms support for GA resolution A/60/L.1 and recognizes that internally displaced persons (IDP) humanitarian work remains as vital as work with refugee populations. Kenya calls for the continued development of ways forward in addressing the unique issues facing IDP populations as well as the continued adoption of return and reintegration polices used with traditional refugee populations. Kenya promotes security, stability, sustainability, and reconciliation as the nucleus of any successful reintegration program. A key issue hindering the development of a conducive environment for return and reintegration being under staffing and development on a state level, Kenya encourages the increase of technology transfers, technical support, and funding by the international community to enable states the increased ability to facilitate peacekeeping and human development within affected areas. Noting the impact of the implementation of quick impact projects (QIPs) Kenya supports the use of QIPS for building the support and confidence of the region of return and reintegration thus insuring successful reintegration. Burden sharing being of a grave concern, Kenya holds that a comprehensive course of action needs to be delivered based on what is in the best interest of the displaced people with respect for the challenges faced by both the state and host communities. Recognizing the need of enabling return and reintegration communities the tools to be self supporting Kenya suggests increased coordination and expansion of educational and vocational training, finical stability, and development programs accessible to both the return and host communities. Kenya calls on all UN bodies, NGOs, and states to keep in mind not only the short-term reintegration and development, but also the importance of long-term economic development and sustainability in order to curtail future instances of displacement.

1. Addressing the Refugee and IDP Situation in Chad and Sudan

Currently, there are over 250,000 Sudanese refugees residing in Chad; in addition, there are millions of people internally displaced in both Chad and Sudan. Noting the insecurity facing humanitarian operations in both Chad and Sudan resulting from the continued flaring of violence, Kenya is calling upon the international community to do more to address the needs of refugees and IDP populations. Respecting state sovereignty, Kenya calls on States to fulfill their commitment to uphold international humanitarian law notably pertaining to the protection of refugees and IDP populations. Kenya recognizes the need for a comprehensive plan of action (CPA) incorporating various UN agencies, African Union (AU) agencies, other NGOs, states, and local communities. While Kenya supports the development of a CPA and continues to support UNHCR and other humanitarian agencies work with refuges Kenya notes the minimal role these agencies have in addressing the underlying issues which have resulted in this protracted refugee problem. Thus, Kenya urges the CPA developed to focus on sustainable refugee management solutions designed to prevent dependency on aid, promote self reliance, and seek through increased funding, technical, and economic support development of host communities ensuring their support and cooperation in aid efforts. Lack of security within and around the camps being of grave concern, Kenya suggests further developing and implementing programs that will empower and protect vulnerable populations within camps, notably women and children, through increasing UN/AU security operations within and around camps, increased educational opportunities, and further incorporation of the refugee community in the day-to-day operations of the camps. In addition, Kenya supports the continued process of the movement of camps when possible away from the Chad/Sudanese border as well as conflict areas to insure the development of a sense of security and stability within refugee camps. Kenya notes the need for special precautions needed to be taken to protect the children throughout the regions camps to prevent abduction and exploitation. Respecting state sovereignty Kenya supports efforts by UNHCR to create legal frameworks for the rights of the refugees and IDPs in Chad and Sudan as well as within other host states of refugee populations of this protracted conflict. A great deal can be gained by the implementation of a legal frame work for rights and the dissemination of information on rights and the creation of additional resources for both the displaced person and affected communities.

III. Capacity Building in Regions with Refugee and IDP populations

Recognizing capacity building as essential to handling refugee and IDP populations and reaffirming support for ECOSOC Resolution 2008/32 as guiding capacity building within public administration, Kenya is calling for greater cooperation from all actors in developing civil society in regions with refugee and IDP populations. Recalling the success of the UNHCR’s Strengthening Protection Capacity Project (SPCP) in Kenya in improving performance in the handling of refugee issues Kenya urges the continued development and expansion of this program as a vital tool in this endeavor. Kenya recommends the principals of the cluster approach be maintained within and between all actors seeking to develop capacity to insure efficiency and effectiveness. Recognizing the danger of refugee and IDP populations developing a sense of dependency on aid services Kenya holds that a sense of self reliance within refugee and IDP populations must be sought through capacity building within refugee and IDP populations. Increasing the incorporation of displaced populations in the day-to-day workings of camps and host communities being essential to this task, Kenya promotes increasing access to education, and seeking the implementation and further development of programs that resolve language barriers for displaced populations, host communities, and agencies. To ensure cohesion and the success of capacity building within public administration and refugee communities affected host communities must receive development assistances to not only absorb the strain of displaced communities but more importantly to find benefit in hosting displaced communities. Partnerships with relevant UN agencies, other NGO’s, state and local government, and the private sector must be sought and properly coordinated by the OCHA and other coordinating agencies for this objective. Noting the vulnerable position women often find themselves in when refugees a strong focus of developing female empowerment through increasing involvement of women in vital economic projects within camps and host communities should be an increased focus within capacity building work. The difficulty of coordination and executing capability building projects effectively results from the distinct challenges facing individual refugee situations. Kenya takes the position thus that methods of increasing the adaptability of projects to local environments remains a vital area of further discussion.

Position Paper for African Development Bank

Kenya is honored to have been a member of the African Development Bank since its establishment in 1964 and applauds the commitment to its members for sharing a common vision. Kenya affirms its commitment to the provisions set forth in Article One of the United Nations Charter by imploring Member States “to achieve international cooperation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights.” The topics before the African Development Bank Committee are: analyzing the impact of intra-regional migration on development, promoting regional trade and integration and strengthening mechanisms to prevent money laundering and terrorism financing.

1. Analyzing the Impact of Intra-regional Migration on Development.

Kenya calls upon developed countries to recognize the importance of offering assistance and support in implementing important governance reforms, predominantly directed toward areas of constitutional review, electoral, judicial and other institutional areas. As a member of the International Organization for Migration (IOM), Kenya is taking vital steps to incorporate Migration for Development in Africa (MIDA) into its National Indicative Program (NIP).  As a signatory to the Cotonou Agreement, Kenya plans to strengthen its cooperation between national and international regions, make the free movement of people a top priority and create an environment conducive to the stabilization of migration.  Kenya fully supports the movement of African professionals in the Diaspora, noting that they aid in development.  Kenya notes that the further strengthening of regional ties will lead to a safe and productive migration system.  Being a member of the Economic Community of Central African States (ECCAS) enables Kenya to coordinate and plan migration with other African nations.  It is important to acknowledge that when a population is invested in their communities and provided with economic opportunities, they will not choose to migrate. Kenya currently supports more than 1,500 microcredit organizations located throughout the country, many of them providing literacy programs and other educational initiatives.  Nongovernmental organizations have established banks in towns and villages that are sustained without continued monitoring and aid assistance.  The continued use and broadening of Kenya’s microcredit organizations will create more stability and the citizenry of Africa.  Urbanization in Africa is perceived to be driven mainly by rural-urban migration with agriculture representing the key linkage between urban and rural populations. This is necessary to create a cooperative economic environment among the rural and urban areas. There are four policy areas that stand out as critical for promoting cities as growth poles, so that the infrastructures can handle an increase in the population. These include 1) ensuring overall macroeconomic stability, 2) improving the investment climate and especially increasing investment infrastructure and 3) provisions for development services and 4) promoting agricultural growth and rural livelihoods. The African Development Bank has a decisive role in supporting cities as growth poles. The Bank’s calculated orientation is centered on sustaining delivery and expansion of fundamental infrastructure services; humanizing municipal finance and facilitating access to capital markets; building capacity for maintenance of public infrastructure assets and promoting feasible Public Private Partnership schemes for infrastructure projects and public services delivery programs. These projections require large investments and management innovations. Urban development can be financed by tax revenue, user fees or donor aid. Governments have an obligation to change the way they do business. Decentralization of government services, accompanied by increased accountability can generate faster and better infrastructure and services in urban areas. Decentralization must present a dependable framework for the operations of governments at each level and establish processes for synchronization and partnership between governments at each level and between government departments at the same level. As a result, policies, legal frameworks and governance must be reformed.

1. Promoting Regional Trade and Integration

The Bank Group policy on good governance embraces five chief elements: accountability, transparency, combating corruption, local participation, and an enabling of a legal/judicial framework. This project is situated within the Bank Group’s effort to contribute to institutionalization of good governance through regional arrangements and this project will make the policy operational in the areas of fighting corruption, introducing accountability, and transparency in management of public funds, creating proficient and valuable public and private relations and enhancing the human resource capacity for law enforcement. These activities of the project will lead to a superior investment climate in Kenya. The objective is to increase trade and investment between developing countries by voluntarily reducing trade barriers, especially tariff reduction. Kenya also notes the positive pressures that can develop from measured regional integration as stated by Benjamin Mkapa: “integration with East Africa means that our private sector, which is more developed than the private sector in Tanzania and Uganda, will have to sit up now because there will be no territorial barriers to trade or to investment. This exposure will make our small private sector in Kenya here hit the ground running…” As a developing country, Kenya recognizes the importance of diminishing the dependency on markets in the industrialized countries.  Global System of Trade Preferences (GSTP) supplements other bilateral trade agreements in order to achieve each of the eight Millennium Development Goals (MDGs). It is necessary that all developing countries take this initiative under consideration, understanding fully that GSTP integrates regional groupings. GSTP is the first step for agreements for sub-regional and interregional technological, communication, health care and educational trade. The GSTP Committee of Participants in December 2000 focused on a number of initiatives to improve the operation and administration of the agreements. Kenya strongly reiterates that the benefits of regional integration outweigh fears of the erosion of sovereignty.  Regional efforts create better venues for states to assert their responsibilities and political voices. Enhancing South-South cooperation also includes information and communication technology, investment, finance, debt management, health and education and other issues of international interest as stated in the Marrakesh Declaration on South-South Cooperation. Noting the Midrand Declaration and A Partnership for Growth and Development, the competitive pressure of the international community increases everyday and leaves the most economically strapped developing states with a competitive disadvantage due to weak supply capabilities. Due to this disadvantage, developing countries are unable to benefit equally from trade. As a member and beneficiary of the World Trade Organization (WTO), Kenya recognizes the efforts of United Nations agencies to establish fair trade. Recalling the 2005 Joint WTO/OECD Report on Trade-Related Technical Assistance and Capacity-Building, Kenya avidly implores the International Community to sustain appropriate levels of aid to increase all countries’ capabilities to participate in a fair trading system. Removing restrictions on international trade such as limiting or restricting tariffs would be an effective measure in promoting increased trade. Kenya calls for the doubling of efforts of member states to enhance trading conditions for developing nations as an important aspect to achieve MDGs.

III. Strengthening Mechanisms to Prevent Money Laundering and Terrorism Financing

Kenya welcomes the continued strengthening of the United Nations Crime Prevention and Criminal Justice Programme, and in particular, its technical cooperation capacity. We commend the United Nations Office on Drugs and Crime (UNDOC) for its pivotal role in enhancing the capacity of States to respond more effectively to the challenges posed by transnational organized crime, corruption and terrorism. In this regard, Kenya endorses the recommendations contained in the Secretary-General’s report A/61/179 aimed at further strengthening this office and in particular paragraphs 66 to 71 of that report. Kenya has been a beneficiary and continues to benefit from the various assistance programs undertaken by UNDOC. Its seminars and training programs in the criminal justice and law enforcement sectors have strengthened Kenya’s national capacity to fight the complex web of transnational crime. In early 2007, UNDOC conducted an in-depth assessment of Kenya’s institutional and legislative framework with a view to enhancing our capacity to combat money-laundering and asset recovery. Kenya looks forward to continued collaboration with UNODC in tackling the challenges posed by these crimes. The United Nations Convention against Transnational Organized Crime and the Protocols provide a solid legal framework for international cooperation against organized crime. They contain a comprehensive framework for mutual legal assistance, extradition, law-enforcement cooperation, technical assistance and training. It is incumbent upon Member States to marshal the necessary political will to ratify and to implement this convention and its protocols, as a necessary first step towards combating transnational organized crime. Regrettably, participation in these instruments is still far from universal. Drug trafficking is closely linked with other crimes such as money laundering and financing of terrorism.  Kenya has increased its efforts in fighting these two crimes. Kenya is a member and participates in the Eastern and Southern Africa Anti-Money Laundering Group (ESAAMLG), a sub-regional initiative to combat money laundering. Last February, ESAAMLG held a joint session with the Financial Action Task Force on Money Laundering, in Cape Town, South Africa, to discuss ways of building effective infrastructures in the fight against money laundering and terrorist financing in emerging economies, as well as to investigate the links between corruption and money laundering and terrorist financing. Kenya demonstrated its commitment to counter corruption by being the first country to sign and to ratify the United Nations Convention against Corruption in December 2003. This Convention offers an unprecedented legal framework to fight corruption. While we are gratified that ratifications to this Convention continue to increase steadily, we are concerned that a great majority of the current States Parties are from developing countries. However, to achieve full implementation of this convention, Kenyas require participation by all regions of the world. This is particularly important for the implementation of the provisions relating to the transfer of assets of an illicit nature and their return to the countries of origin. Kenya is on course with its anti-corruption strategy and has upgraded its legal framework and reinforced weak institutions and established new programs which would provide leadership in the fight against corruption. In closing, Kenya wishes to commend the United Nations Office on Drugs and Crime (UNODC) for its continued support for regional initiatives aimed at combating transnational organized crime. In this regard, we welcome the recent adoption in Abuja, Nigeria, of the Programme of Action for Africa for the period 2006-2010. The Programme, whose main objective is to strengthen the rule of law and the criminal justice systems in Africa, is a beacon of hope for a majority of African countries, faced with the formidable task of combating transnational organized crime, insecurity and under development. We call on all Member States to be encouraged by our example and continue to fight production, trafficking and consumption of illicit drugs. In order to effectively combat the spread of illicit drugs, the international community must create an environment where interests of the developing countries can be tangibly promoted and their citizens can afford alternate ways to provide for themselves and their families. One of the key elements in Kenya’s combat against illicit drugs is to develop programs that reduce shifting agriculture as well as to strike poverty. Kenya argues that the persistence of the drug problem is due to the fact that some citizens do not yet have opportunities and alternatives to give up their traditional crops and methods of cultivation. The vicious cycle of rural poverty, that in many cases forces some citizens to grow illicit crops, could be eradicated by at least three main macro policy programs namely ensuring food security, enhancing opportunity for income generation and developing physical and social infrastructure. Therefore, Kenya urges the international donor community to provide critical support to developing countries struggling with the problem of illicit drugs. In this spirit, we call upon all countries, international organizations, and financial development institutions to render their support to the common task.

 

Position Paper for the World Trade Organization

The Republic of Kenya was among the founding members of the World Trade Organization (WTO). Kenya is fully committed to the use of trade as a vehicle for advancing the economic and social development of the entire international community as we have all pledged in the preamble of the United Nations Charter.  Kenya commends the Doha Development Agenda. It is the role of this organization to develop a framework that will create that confidence by ensuring that world trade promotes equitable sustainable development for all of humanity. Kenya therefore calls on all countries to take into consideration the development needs of Least Developed Countries (LDCs.)

1. Furthering Trade Facilitation Based on the 2005 Hong Kong Ministerial Declaration

Kenya recognizes the importance of the multilateral trade system to all states, particularly developing and the least developed nation states.  Multilateral trade plays a critical role in Kenya’s economy.  Kenya recognizes and applauds the progress that has been made through the Uruguay Round and the resulting Agriculture Agreement to reduce distortions in agricultural trade and remove non-tariff policies.  In Kenya progress in other sectors is dependent upon the correction of distortions in agricultural trade. Kenya argues that the key challenge confronting the multilateral trading system is ensuring developmental interests of developing countries.  The promotion of development should be the core business of the multilateral trading system. Kenya asserts the need for the end of subsidies, aid for trade and preservation of WTO litigation. Kenya articulates the steps needed in ending subsidies are the elimination of export subsidies and reduction of import tariffs.  Export subsidies hinder developing countries ability to compete on an international scale.  Reducing export subsidies is necessary for free and fair trade.  Kenya supports a reduction of import tariffs on agricultural products to further reduce barriers to import.  Kenya is a supporter of Aid for Trade and feels that the negotiations must take into account the limited capacity of the LDCs to negotiate on a broad basis and implement new commitments.  At the 6^th WTO Ministerial in Hong Kong, UN Secretary General Kofi Annan stated, “Aid for trade – aid to build infrastructure, create capacity and cover the costs of adjustment – should be considered an indispensable part of the Doha Round.” Furthermore, as noted in the 2004 United Nations Conference on Trade and Development (UNCTAD) Least Developed Countries Report, it is essential to provide “increased and effective international financial and technical assistance for developing domestic production and trade capacities.”  Kenya is also a firm supporter of measures to promote sustainable development and environmental protection, including Green Box subsidies that do not impair developing countries’ exports.  The multilateral trading system must allow for the accommodation of these measures.  It is important to preserve the ability of countries to maintain their food security. Kenya approvingly notes the statements of Kofi Annan: “Development — real gains in real peoples’ lives — remains the primary benchmark for success of the Doha Round. [And] development writ large is the standard against which your efforts will be judged.”

 

1. The Relationship between WTO Rules and Multilateral Environmental Trade Agreements

In Kenya, nearly 80% of the population depends on agriculture and sustainability is of upmost importance.  Kenya argues that one of the main challenges facing this body in promoting international trade is improving environmental trade agreements of the World Trade Organization.  Kenya emphasizes the need for education on sustainable development, relevant policies, legislation and regulations to enforce and ensure economic production process based on respect of natural and cultural resources as well as innovative and shared cleaner and appropriate technologies.  Kenya reaffirms the adoption of Education for Sustainability principles as stated by Agenda 21.  The Government of Kenya and Inter-Governmental Organizations should place Education for Sustainable Development (ESD) in the center of the national and international Agenda.  The creation of a trade environment conducive to sustainable development requires the continued implementation of the Marrakesh Agreement. Kenya calls particular attention to its perambulatory clause stating, “Recognizing further that there is need for positive efforts designed to ensure that developing countries, and especially the least developed among them, secure a share in the growth in international trade commensurate with the needs of their economic development.” Kenya recognizes the importance of taking decisions by consensus as enshrined in Article 9 of the Marrakesh agreement.  Kenya applauds the work of the Subcommittee on Least-Developed countries in promoting LDC participation, advancing technical cooperation and monitoring existing provisions.  Kenya recognizes that civil society and NGOs have a positive role to play in the development of an equitable multilateral system.  It is essential that NGOs be given continued access to the Ministerial meetings.  Development-oriented NGOs have a role to play in providing information on matters of technical cooperation, the progress of and the effects of WTO actions on states.  Kenya recognizes its effectiveness and that its procedures should remain restricted only to those parties involved in the dispute.   Kenya reiterates the words of Elizabeth Tankeu, the African Union Commissioner for Trade and Industry: “Africa’s major objectives as articulated in the New Partnership for Africa’s Development (NEPAD) program are to achieve rapid and sustainable development, to rid our continent of chronic poverty, and integrate it into the global economy as a strong partner. In the current era of globalization…these objectives cannot be achieved if the imbalances against our continent in the current multilateral trading system persist.”  Kenya therefore urges all WTO members to work towards a system that will allow for sustainable environmental trade on a state specific basis.

 

III. The Role of Regional Trade Agreements in the International Trading System

The Republic of Kenya firmly supports the General Agreement on Trade in Services (GATS) and is dedicated to further negotiations.  Kenya wishes to underscore the bilateral offer-request system, capacity building, government procurement of goods, autonomous liberalization, and Mode 4.  The service sector plays an increasingly important role in many country’s economies, amounting to 54% of Kenya’s GDP. As such, increase of trade in this sector provides an excellent opportunity to further the economic development that all WTO members desire.  However, Kenya reinforces the sentiments expressed by African Union Commissioner for Trade and Industry Elizabeth Tankeu: “It is a matter of great concern…that in spite of the commitment made in Doha by the international community to place development at the centre of the current Round of WTO negotiations, important issue of interest to developing countries, especially those in our continent, have so far not been properly and adequately addressed.”  Specifically, Kenya calls attention to Article XIX of the GATS which states, “The process of liberalization shall take place with due respect for national policy objectives and the level of development of individual Members, both overall and in individual sectors.”  Kenya argues that this principle must be upheld in any further negotiations and those developing countries, particularly LDCs, should maintain the right to decide the pace of liberalization in each particular sector that will further their sustainable development. The negotiations need to take into account the Special Session of the Council for Trade in Services, which recognize the difficult nature of the complex negotiations and states that “Members shall…give special priority to providing effective market access in sectors and modes of supply of export interest to LDCs.”  The success of liberalization of trade of services also requires the expansion of programs such as the Joint Integrated Technical Assistance Program that educates countries on the Multilateral Trading System.  Liberalization in services must not proceed at the expense of human and environmental health and welfare.  Kenya also argues that these principles must apply more stringently to the area of government procurement of goods and services.  Kenya urges that market access to developing states’ service exports must factor in the voluntary liberalization of certain sectors.  The development-oriented trade round requires the continuing use of special and differential treatment for countries to pursue their poverty reduction strategies.  Finally, Kenya emphasizes the importance of Mode 4 in promoting economic and social growth.

 

Position Paper for Economic and Social Council

Kenya is associated with the African, Caribbean and Pacific Group of States (ACP) in cooperation with European Union (EU).  Kenya is also a member of the Non-Aligned movement and is uniquely poised to mediate global partnerships between developed and developing countries.  The topics before the Economic and Social Council are:  Partnering for Development:  Partnerships between Developed and Developing States; Working Towards the Achievement of Millennium Development Goal 7:  Ensuring Environmental Sustainability; and Increasing Coordination of Humanitarian Agencies with the UN System.  The consequences of the current global financial crisis are felt throughout the world and never before has the fate of all peoples been so dependent upon what immediate actions can be taken by a united international community.  To this end, Kenya is determined to meet emerging challenges with cooperative international strategies that promote efficiency in achieving global environmental and economic objectives.

1. Partnering for Development: Partnerships between Developed and Developing States

Kenya supports ongoing efforts to reform international financing for development and is sensitive to the concerns of developed countries that prefer the security of bilateral partnerships to multilateral programmes.  Partnerships between developed and developing countries are necessary to address the immediate need shortages, however should be dealt with as temporary, short-term strategies with the purpose of eventually stabilizing international financial institutions so that multilateral financing becomes a more secure investment option.  Although Kenya is impressed by the results of partnerships between developed and developing states, it believes far more can be achieved if all efforts are coordinated and monitored according to international standards and the further democratization of Bretton Woods institutions.  The Millennium Development Goals (MDGs) demonstrate the international community’s resolve to face global challenges of the 21^st Century.  General Assembly resolutions A/RES/60/201, A/RES/59/310, and A/RES/59/255 describe the necessary integration of the international community to achieve the MDGs.  Goal 8 emphasizes global partnerships for development, which specifically include state and non-state actors like private companies, foundations and civil society.  The New Partnership for Africa’s Development (NEPAD – A/RES/60/1) echoes this sentiment because it encourages the participation of stakeholders, including civil society and the private sector to intensify efforts aimed at strengthening institutions for governance and attracting foreign direct investment.  Kenya would like to see more comprehensive development strategies generated through increased participation of Member States, private companies and civil society in global partnerships for development.  The African Union and African Development Bank already provide powerful governance and financial forums for crafting more effective development strategies in localities throughout the region.  Such efforts should follow the recommendations of ECOSOC Resolution 2008/17 on the Social dimensions of NEPAD, including, as appropriate, debt relief, improved market access, support for the private sector and entrepreneurship, enhancement of official development aid, increased foreign direct investment and the transfer of technology.  Kenya encourages all Member States to promote favorable conditions for trade and investment by exploring more efficient, coherent and consistent macroeconomic strategies built on mobilizing domestic resources, while working to eliminate harmful financial support and unproductive spending.  The inclusion, coordination and engagement of the private sector are essential to achieving partnerships for development because private companies can legitimately transfer expertise in technology and management from developed to developing countries.  Strengthening of international institutions is elemental in this regard, so that the focus for all partners is on establishing social and economic justice for all human beings before national interests or the exploitation of human and environmental resources.

1. Working towards the Achievement of Millennium Development Goal 7: Ensuring Environmental Sustainability

For Kenya, the Millennium Development Goals (MDGs) represent an attempt provide global benchmarks for future achievements, which require the unyielding commitment of every nation if they are to be realized and surpassed.  Of the MDGs, Kenya believes MDG 7 is the most important, as it is fundamental to achieving any of the other goals.  The most effective and realistic means for eradicating poverty, hunger and disease is to ensure that environmental quality and quantity are maintained in the long-term. General Assembly resolutions A/RES/60/201, A/RES/59/310, and A/RES/59/255 demonstrate the international community’s genuine concerns for peace, security and environmental sustainability in Africa. In addition, Kenya stresses the importance of the Global Environment Facility (GEF), the United Nations Environment Programme’s (UNEP) Medium-term Strategy for 2010-2013, the Barbados Progamme of Action, Mauritius Strategy, and the Bali Strategic Plan for Technology Support and Capacity Building in translating international commitments into local action. Kenya’s main environmental concerns are land degradation, including desertification, and water pollution/scarcity.  For Kenya and other developing countries, there are several obstacles to reversing the impacts of mismanaged land and water resources.  Developing countries have a limited capacity for environmental management, especially in rural areas and slums, where this type of management is most important.  Insufficient institutional and legal frameworks in developing countries inhibit the success of development projects for education, water, health and environment.  Kenya recommends a larger proportion of investments be allocated for coordinating and enforcing national policies that are in-line with international directives like the MDGs.  Financing options for developing countries are few, if any, because they are characterized by conditions conducive to corruption; making them “high-risk” for foreign direct investment and limiting their eligibility for such funding.  In Africa, the provision of ecosystem services is on the decline, as is access to water and sanitation.  As a result of changing circumstances in the global economy, there is a need for thorough reviews of current undertakings directed at implementing Agenda 21, the Johannesburg Plan and the Monterrey Consensus on Financing for Development.  For these circumstances to be addressed, the international community must decide on more measurable environmental objectives and devise more powerful mechanisms for compliance.  Stability in international institutions and decision-making bodies will reinforce efforts to strengthen local and national institutions in developing countries, which are also without the expertise or technical support to adequately address environmental problems.  Private contractors possess relevant expertise and operate with efficiency.  Hence, financial reform should also increase developing countries’ access to the technical expertise of developed countries through the allocation of international subsidies for private-public partnerships guided by an internationally determined code of ethics.  Kenya supports the integration of ecology into current policies, society/community-centered over state-wide approaches to project implementation, strengthening UNEP and the establishment of a World Environmental Organization, where it does not see these reforms to be independent of each other, but each urgently necessary in its own right.

III. Increasing Coordination of Humanitarian Agencies with the UN System

Kenya recalls the Hyogo Framework for Action 2005-2015 and emphasizes full implementation of the Framework aimed at building the resilience of nations and communities to disaster.  Strengthening partnerships in governance, the private sector and civil society to achieve the MDGs must be accompanied by provisions for humanitarian assistance through increasing regulation and coordination of non-governmental organizations (NGOs).  Kenya agrees that this is especially urgent regarding emergency response and ongoing operation and maintenance (O&M) support for development projects (A/RES/59/212).  Risk factors for social and environmental disasters depend on national capacity for emergency response and are enhanced by degraded environmental conditions, faulty infrastructure, and restricted access to basic needs like food, water and sanitation.  Global response to humanitarian emergencies in high-risk sectors is inefficient because it lacks a central planning agency that would prevent NGOs from displacing local recovery efforts and ensure that funds allocated are need-based and not politically motivated.  Kenya is familiar with the use of humanitarian agencies, but also aware of their tendency to inadvertently impose principally “western” religious, economic, social and/or cultural mandates that are in conflict with their functional purpose:  to make their presence unnecessary in the long-term.  Kenya wishes to advance the notion that national governments are justified in denying access to humanitarian agencies, even during emergencies, until an institutional order can be established that is capable of holding these agencies accountable for their motives and obligations to the people they help.  The establishment of international regulatory bodies and formal networks of operation for humanitarian agencies may avert tendencies to pursue self-defined operational imperatives that can be threatening to local and national cultural values, while making their contributions more valuable.  Kenya commends the establishment of the Inter-Agency Standing Committee (IASC) to work towards a common ethical framework for all humanitarian activities and provide a forum for discussion on humanitarian policies.  Increasing instances of climate-related disasters and instability of food and fuel prices during a global financial crisis reveal a pressing need for more coordination in the activities of humanitarian agencies.  Without coordination at local, regional and international levels, these agencies, often with overlapping mandates, enter into competition with each other and waste limited resources.  Kenya believes the IASC should focus on determining the scope and functions of coordination initiatives through a principle consideration for the purpose of humanitarian agencies.  Meanwhile, foreseeing the mobilization of international responses at all levels should complement cooperation among these agencies and the UN System on delineating areas of heightened risk for social and environmental disasters.