By CYRUS OMBATI
Kenya: After the Truth, Justice and Reconciliation Commission released its report on Tuesday, observers say the harder part of the task has just begun: implementing the findings and recommendations therein to redress widespread human rights violations spanning nearly five decades.
The report suggests there should be a committee to monitor the implementation. According to TJRC, the committee should be an independent body with own offices and budget, including the ability to raise own funds and will be supported by a technical secretariat. It is recommended that Parliament passes a law establishing the committee and providing for its functions, powers and other related issues as proposed within one month of the issuance of the report.
The TJRC Act provides that the commission shall be dissolved within three months of submission of its report to the President and the public.
“It is important that the implementation committee be in place before TJRC is dissolved to allow for a smooth and direct handover of sensitive documents in the custody of the commission to the committee,” says the report.
The implementation team shall consist of a chairperson and four members appointed through an open and transparent process and shall map, register and process victims’ claims using the commission’s database as the starting point, the Bethuel Kiplagat-led commission recommended.
The new team will also monitor the implementation of the aspects of TJRC’s report assigned to Government ministries, departments and commissions. Further, it shall solicit, accept, manage and administer funds from the Government, donors and others dedicated to the Reparations Fund.
The report says the team will ensure public awareness of the process at each stage, through appropriate media activity, public education forums and liaison sessions with victims, community-based and faith-based organisations and civil society in general.
The committee’s outreach strategy should be carefully conceptualised to manage victim expectations about the reparation process and explain who is eligible for what type of reparation under the scheme. It will also explain why and how decisions about eligibility have been made and pilot-test outreach methods before creating any nationwide effort.
It is recommended for the establishment of outreach and registration unit, evaluation and classification, individual claims section, group claims section and victim participation, gender and minorities unit.
The TJRC Act provides that the minister shall upon the publication of the report operationalise the implementation mechanism as recommended by the commission. The Act also states that the implementation of the report shall commence within six months upon publication.
