Kenya

May I, on behalf of my delegation congratulate you, Sir, on your election as President of the General Assembly at its fifty-fourth session. Kenya's pride in seeing you preside over the affairs of the Assembly, which you have been associated with for so long, derives from our close and long bilateral ties with your great country. I take this opportunity to register my delegation's appreciation to your predecessor, His Excellency Didier Opertti of Uruguay, for the able manner in which he presided over the work of the fifty-third session. We commend the Secretary-General, Mr. Kofi Annan, for the effective and tireless manner in which he continues to manage the affairs of this Organization and encourage him to continue serving the international community with his characteristic selfless dedication to duty. Kenya will continue to support his efforts to further strengthen the Organization. Kenya warmly welcomes the Republics of Kiribati and Nauru and the Kingdom of Tonga into this family of nations. As we approach the new millennium, there is need for us to reflect on the past, the present and the future of our world. The cumulative history of mankind during the current millennium has been characterized by the struggle of the human race to overcome the various problems of hunger, war and disease. Throughout time man has invested constantly to provide shelter, increase literacy and tackle the various problems of underdevelopment. The latter part of this millennium has witnessed enormous political, economic and social changes. Where once slavery was acceptable, today freedom is the norm. Where once crude methods of economic production dominated, today sophisticated production techniques govern. Where ignorance was widespread, today science and technology determine man's progress. Where before the human rights of peoples were unknown, today they are an integral part of the international agenda. But even as we note the progress that has been made, the scourge of poverty and underdevelopment remains a painful reality for most of us. We believe that poverty is the root cause of the conflicts that pervade various regions of our globe, unleashing immense suffering on humankind — particularly on women and children. Our continent, Africa, continues to suffer from the ravages of intra-State and inter-State conflicts. The issue of the complementarity of the roles of the United Nations and that of regional organizations needs to be addressed. African countries have taken their own initiatives to resolve the various conflicts raging in the continent. Although progress has been made in some cases, many of the conflicts remain intractable, making it difficult for affected countries to redirect their efforts and resources towards economic development. 20 In our own region, together with other members of the Intergovernmental Authority on Development (IGAD), Kenya is seized with the conflicts in Sudan and Somalia. The subcommittee on the Sudan peace process, for example, is actively engaged in the search for a peaceful settlement to the conflict in the southern Sudan. At the most recent meeting, held in Nairobi from 19 to 23 July 1999, members of the IGAD ministerial subcommittee agreed to establish a secretariat to facilitate intensive and continuous negotiations to resolve this conflict. As chairman of this subcommittee, Kenya is optimistic that this new arrangement will contribute positively towards reaching a negotiated settlement. We hope we can count on the support of all the members of the international community to find a solution to this long-standing conflict. Kenya continues to be seized with the situation in Somalia. As a neighbour that shares a border of 1,200 kilometres with Somalia, we are concerned at the loss of international interest and support for this sad country. The international community should resume its active interest and support for Somalia in order to instill in the innocent people of that country some measure of hope for the future. We are grateful for the roles that the Organization of African Unity and the United Nations have played and continue to play. However, Kenya calls for greater involvement by the United Nations in support of ongoing regional efforts. The new initiative unveiled by the Chairman of IGAD, President Guelleh of Djibouti, at this podium on 22 September 1999, deserves serious consideration. In efforts to support and assist the people of Somalia, the territorial integrity of that country must be respected. Regional entities that may have come into existence during this period in Somalia's history should be seen as building blocks intended to eventually lead to a Government of national unity. We the neighbouring countries, as well as the international community, have an important role in facilitating the process leading to a peaceful and comprehensive settlement of the conflict. Our common commitment to a united Somalia should not waver. In the tradition of African hospitality, Kenya has always provided a home to displaced people from neighbouring countries. As a result of the collapse of the central authority in Somalia, a large number of refugees found their way into our country. We are proud to have been able to assist and even settle some of them. In this regard, we are grateful for the role being played by the United Nations High Commissioner for Refugees, the United Nations Children's Fund, the World Health Organization and many others who have provided invaluable assistance, without which it would have been impossible for the Government of Kenya alone to cope with the humanitarian crisis. Recently, Kenya decided to tighten its border controls with Somalia. However, we remain committed to facilitating ongoing humanitarian operations, which continue with numerous daily flights into Somalia from our territory — and, in some cases, by land as well. We have been able to do this by coordinating our actions with the relevant humanitarian agencies and organizations. The crisis in the Democratic Republic of the Congo remains of utmost concern to us because it poses a serious threat not only to the Great Lakes region but also to the rest of our continent. It is for this reason that Kenya has been involved in the attempts to resolve the conflict, particularly in its early, initial stages. Kenya's offer to host in Nairobi the proposed Congolese national debate on the political future of their country still stands. We commend the recent personal efforts that President Chiluba of Zambia has made in negotiating a settlement plan which seeks to find a comprehensive solution to that crisis. We will do everything possible to complement these efforts and hope that the international community will be prepared to fulfil its own supporting role. As the international community continues to play its part, the responsibility for a final, comprehensive and lasting settlement to the crisis in the Democratic Republic of the Congo falls largely to the people and their leaders. In that regard, Kenya urges all parties to the Lusaka Agreement to demonstrate their commitment by implementing it, both in letter and in spirit, in a timely and appropriate manner. We firmly believe that it is time for the Security Council to actively step in and provide tangible support for the peace process. Africa expects that the support given to peacekeeping operations in other parts of the world will be replicated, both in scope and in content, in the case of the Democratic Republic of the Congo. We know that most members of the Security Council have embraced this challenge and are willing to do their part. The situation in Angola continues to be a source of great frustration. Indeed, the resumption of hostilities at a level not seen since the signing of the Lusaka Protocol does not augur well. Kenya is deeply disappointed that the leader of UNITA, Mr. Savimbi, continues to flagrantly defy the collective will of the international 21 community. We call on him to immediately cease all acts of hostility against the people of Angola. With regard to the border conflict between Ethiopia and Eritrea, we note with satisfaction that the combined initiatives of the Organization of African Unity (OAU), the United Nations and the United States to secure definitive agreement on the modalities for the implementation of the OAU Framework Agreement are still on course. We appeal to both parties to exercise utmost restraint and not to resume fighting. In accordance with the United Nations Charter, the Security Council has the primary responsibility to determine the existence of any threat to international peace and security and to recommend appropriate intervention measures. There can be no derogation from this primary responsibility. In the fulfilment of this responsibility, it must be borne in mind that the principle of non-interference in the internal affairs of Member States remains a cardinal element in the conduct of international relations, as spelt out in the Charter. We have serious reservations on the evolving view that even the United Nations Charter provides leeway for non-United Nations intervention. We would like to caution that this approach needs to be carefully balanced with legitimate concerns of sovereignty. Whatever we may say on intervention, the sovereignty of States remains at the core of diplomatic discourse. Derogation from this principle in the case of serious humanitarian emergencies must be made on the basis of general consensus in the United Nations. It is in this spirit that Kenya has always supported and participated in many United Nations peacekeeping missions throughout the world. We will continue to contribute personnel and remain actively involved in United Nations peacekeeping activities. All peacekeeping missions must be established in accordance with the United Nations Charter. This is why we welcome the assumption of responsibility in Kosovo by the United Nations in the form of the United Nations Interim Administration Mission in Kosovo (UNMIK). We should do everything possible to support efforts towards the restoration of normalcy in Kosovo. We also hope that the spirit that prevailed in the establishment and financing of UNMIK will be applied to peacekeeping operations in Africa. With regard to the situation in East Timor, Kenya commends Indonesia for allowing the international community to send a United Nations — mandated multinational force to restore order. We welcome the unequivocal statement by the Foreign Minister of Indonesia, Mr. Ali Alatas, reiterating his Government's responsibility to ensure the fulfilment of the newly expressed will of the majority of East Timorese to seek a new destiny outside the Indonesian Republic. We hope, as he expressed the hope, that the parting of ways will, in his own words, proceed honourably, peacefully and amicably. As Sierra Leone continues along the path of national reconciliation and true peace, we encourage the United Nations to remain committed to and engaged in that country. We again place on record our appreciation to the Economic Community of West African States (ECOWAS) Monitoring Group (ECOMOG) for its immense sacrifice in assisting the people of Sierra Leone in their search for peace and democracy. On our part, we will continue to support our brothers and sisters in that country. Towards that end, we have already contributed personnel to the United Nations Observer Mission in Sierra Leone (UNOMSIL). Kenya is encouraged by the recent positive developments in the Middle East peace process. The resumption of direct dialogue between the State of Israel and the Palestinian National Authority, which resulted in agreement on the implementation of aspects of the Wye accords, demonstrates the vast opportunities that political goodwill can unleash. We encourage those involved to stay on course and we welcome indications that the other tracks in the Middle East peace process are receiving careful attention. On the economic front, my delegation is of the view that the slow progress in Africa's efforts to attain sustainable economic growth and development is directly related to the failure by the international community to mobilize adequate resources for development. This has been aggravated by situations of internal conflict and the prevalence of such diseases as malaria and AIDS, among others, which are compounded in turn by the shackles of poverty and deprivation and an unfavourable external economic environment. My delegation welcomes the Heavily Indebted Poor Countries Debt (HIPC) Initiative made at the G-8 meeting in Cologne, Germany. The crushing burden of external debt on the developing countries, especially those in sub- 22 Saharan Africa, remains a major obstacle to our development efforts. While we welcome this Initiative, we are of the view that much still needs to be done. We would like to see HIPC coverage broadened to include more of the indebted countries, with relief being offered in a graduated manner. This would envisage providing the greatest relief to the most indebted countries. In addition, consideration could be given to modifying the existing terms and conditions of HIPC to enable countries like Kenya, not covered by HIPC as currently proposed, to participate without the possibility of losing access to credit that would otherwise be available to them. The terms and conditions of the HIPC Initiative are based on a piecemeal approach which will not contribute to the overall goal of debt cancellation. Debt-relief measures should be structured in a holistic and comprehensive manner without eroding Africa's future capacity to attract investments and should be linked to the long-term social and economic development of the continent. Another issue that requires the concerted efforts of the international community is that of poverty eradication. Kenya has already launched a Poverty Eradication Plan, which has received some support and which we hope will attract wider support to allow us to achieve our goal of becoming a newly industrialized country by the year 2020. Bold actions are required to ensure that the developed countries fulfil the commitments agreed upon to maintain official development assistance flows to developing countries at 0.7 per cent of their gross national product. In this regard, Kenya supports the proposal to hold an international conference on financing for development next year. The United Nations remains our only hope to spearhead the process of development. Accordingly, all Member States have an obligation to support the Organization in order for it to fulfil its development mandate. The United Nations Development Programme (UNDP) and other specialized bodies — such as the United Nations Children's Fund (UNICEF), the Office of the United Nations High Commissioner for Refugees (UNHCR), the United Nations Environment Programme (UNEP) and the United Nations Centre for Human Settlements (Habitat) — must be strengthened in order to enable them to succeed in their respective roles. Kenya looks forward to the convening of the first South-South summit in Havana, Cuba, in April next year. The conference will be a historic milestone in the strengthening of South-South cooperation. The South-South summit provides a golden opportunity at the highest political level for the members of the Group of 77 and China to share their experiences and to consolidate political goodwill, which is so vital for economic cooperation and development. Kenya attaches great importance to economic cooperation among developing countries. It is for this reason that Kenya has actively pursued the path of economic integration at the regional and subregional levels. In addition to the Common Market for Eastern and Southern Africa (COMESA), comprising 21 countries with a population approaching 400 million, we are determined, at the subregional level, to upgrade the East African cooperation arrangements — comprising Kenya, Uganda and Tanzania — into a full-fledged East African community by the end of the year. Our vision is to establish an East African community with a population of nearly 90 million people with natural, historic, social and cultural ties into one investment destination, one tourist destination, one single market and one common external tariff, with a free flow of goods, services and people. Kenya is greatly concerned by the rise in transnational crime, narcotics, money-laundering and terrorism networks. The tragic bombing of the embassies of the United States of America in Nairobi and Dar-es- Salaam in August 1998 is still fresh in our memories. This incident, not to mention the recent terrorist attacks in Moscow, has heightened our resolve to work closely with the international community to fight and eradicate terrorism. We call for concerted efforts to adopt effective international measures to eradicate the growing and dangerous links between terrorist groups, drug traffickers and armed criminal elements. Towards this end, Kenya participated actively in the Algiers summit of OAU in July 1999, at which African States adopted a convention on preventing and combating terrorism. Clearly, more needs to be done. We support the proposal to hold an international conference next year on combating terrorism. Kenya is situated in the heart of a turbulent region. The proliferation of illegal small arms and their increased criminal use on Kenyan territory, often by groups from across our borders, is motivating us to push for practical and sustained international cooperation to stop illegal trafficking in small arms. In this connection, we express our support for the convening of an international conference on the illicit arms trade in all its aspects to be held by the year 2001. In our own region, Kenya will host a meeting before the end of this year to address the complex problems of 23 small arms and their ramifications for security and conflicts in our region. We look forward to the support and cooperation of our development partners to ensure that this conference is a success. On this issue, Kenya would like to draw a clear distinction between the legitimate rights of sovereign States to self-defence and therefore to the procurement of armaments for that purpose, and the illicit traffic in small arms involving non-State actors. Kenya welcomes the urgency and importance with which the international community has recently addressed the problem of antipersonnel landmines. We participated actively in the negotiations leading to the Ottawa Convention on anti-personnel landmines and in the recent Maputo Conference of States Parties to the Ottawa Convention. We have signed the Ottawa Convention, which is now going through the ratification process. The prevailing international consensus on outlawing landmines must be maintained in order to achieve the target of a total ban on the production, use and eventual elimination of anti- personnel landmines. International cooperation is essential in the areas of landmine clearance and the physical rehabilitation of victims, as well as their social and economic rehabilitation and reintegration. As we celebrate the United Nations Decade of International Law, Kenya regards the adoption of the Statute of the International Criminal Court as a historic milestone in the progressive development of international law. We participated actively in the negotiations leading to the adoption of the Rome Statute, became the eighty-fourth State to append our signature to it and have embarked on the ratification process for it. We look to the Preparatory Commission for the International Criminal Court to elaborate on the outstanding issues, including the elements of crime and the rules of procedure, in order to reach an early consensus and ensure universal acceptance of the Statute. We hope that the Preparatory Commission will complete its work before the June 2000 deadline. As eloquently stated by the Secretary-General, reform of the United Nations is a process and not an event. In order to attain a more transparent, accountable and democratic United Nations, the collective resolve of its Member States is imperative. We must resist any attempts to approach the reform process in terms of downsizing: reform must entail restructuring to cope better with the immense economic development challenges facing our world, and the success of the reform effort must be measured in terms of the Organization's capacity to deliver programmes, strengthen the Secretariat, enhance its strategic orientation and use the development dividend to enhance socio-economic development in all our countries. In this context, Kenya welcomes the appointment of Dr. Klaus Töpfer as Director-General of the United Nations Office at Nairobi. As host to the only United Nations headquarters in the developing world, we continue to be greatly concerned by the underutilization of the excellent conference facilities at the United Nations Office at Nairobi. Practical plans are urgently required to place the Nairobi Office on the same level as the United Nations Offices at Geneva and Vienna by providing it with adequate resources and personnel to enable it to carry out its functions effectively. The changes that have taken place in international relations need to be reflected in the composition and structure of the Security Council. The Security Council is a body that is empowered to make important executive decisions on matters of peace and security on behalf of the entire membership of the United Nations. It is imperative that the reform of the Security Council should ensure greater accountability and democracy together with equitable representation. The universal and democratic nature of the United Nations should be preserved and reforms introduced to ensure fair representation of all the major geographic regions of the world. A strong and persuasive case has been made by African countries for at least two seats in the permanent membership of the Security Council. Our recent experience as a nonpermanent member of the Council has convinced us of the urgency of restructuring this important organ so that developing countries can play their rightful part in the maintenance of international peace and security. Kenya is of the view that sanctions should be imposed only in accordance with the Charter and only after all means for the pacific settlement of disputes under Chapter VI have been exhausted. A thorough study of the short- and long-term effects of sanctions, especially on innocent victims, should be undertaken. The objectives of sanctions should be clearly defined and the sanctions should be lifted as soon as those objectives have been achieved. Sanctions should be imposed for a specified time, and the conditions to be met by the country or party on which sanctions are imposed must be clearly defined and subjected to periodic review. We reject any attempts 24 to impose or prolong the application of sanctions for reasons other than the specified objectives. The application of sanctions usually has profound effects not only on the target countries but also on their neighbouring countries and other trading partners. Efforts should therefore be made to put Article 50 of the Charter, which refers to third States, into operation by establishing mechanisms or Funds to provide them with relief. In this regard, Kenya urges that the sanctions on Iraq should be urgently reviewed with a view to their suspension and eventual lifting. We also hope that the sanctions on Libya, recently suspended, will soon be lifted. As we enter the twenty-first century, it is hard to imagine what this world would be without the United Nations. Consider for a moment the number of lives that have been saved by the Organization; the personal freedoms that many countries and individuals now enjoy; and the diseases that have been controlled or eliminated: the list of successes is endless. But much still needs to be done: the Secretary-General's proposal for a Millennium Assembly, with a millennium summit as an integral part, would provide an important forum for us to reexamine the role of the Organization and chart our path for the next millennium. Kenya will play its part.