Keep politics out of TJRC selection

Absent a Special Tribunal to investigate and prosecute those responsible for post-election violence, efforts to deal with a difficult history, the social conflicts it has raised and entrenched impunity must begin elsewhere — with the Truth, Justice and Reconciliation Commission (TJRC) and the Ethnic and Race Relations Commission.

The launch of a panel to select six commissioners for the TJRC ought to fill citizens with a sense of hope the twin issues of politically-related interethnic violence and the historical circumstances that inspire it will finally be addressed. But given the fate of the legislation intended to deal with the simpler matter of crimes committed in a 13-week period around the last General Election, there is scepticism whether the "long-standing roots" of the violence would be tackled.

Members of Parliament overwhelmingly rejected the creation of an independent local court to deal with violence suspects. This was the second major setback to efforts at recovery following the resignation in July of Dr Kithure Kindiki, who had been appointed to oversee efforts at national ethnic healing. Kindiki quit arguing the Government was not financing his efforts. No replacement is expected at the Justice Ministry’s National Cohesion department.

Getting the composition of the TJRC right will be a challenge, especially at a time party and ethnic considerations are pushed to the hilt. The partially-successful attempt at selecting a team of commissioners for the Interim Independent Electoral Commission was a poor precedent that showed the danger of political meddling in the processes required to deal with the issues noted during the mediation talks.

In particular, the performance of the 27-member parliamentary select committee raised questions about the best way to select people to sit on the many commissions required.

Evans Monari of the Law Society of Kenya, Nancy Kang’ethe Ikinu (Fida), Dr David W Ichangi (Association of Professional Societies of East Africa), Florence Jaoko (Kenya National Commission for Human Rights), Keli Kiilu (Kepsa/Federation of Kenya Employers alliance) and Dr Andrew Juma Suleh of the Kenya Medical Association, named to the panel yesterday, and three others to be named next week, have 41 days to nominate 15 people from which Parliament will pick six commissioners. They will in turn be joined by three nominated by the Dr Kofi Annan led Group of African Eminent Persons to complete the TJRC.

Historical Injustices

The choices arrived at through this tortuous route, we hope, will reflect the desire for integrity and independence, not the national obsession with tribal mathematics and political hegemony. This is important to ensure the TJRC lives up to its billing as a forum to deal with historical injustices.

TJRC and the National Ethnic and Race Relations Commission are key to healing old wounds and the divisions that have led to political polarisation and erupted into violence last year, taking 1,133 lives and destroying thousands of livelihoods. This is only if they are set up and run as conceived in the mediation. To this end, we are encouraged by the Justice Minister’s pledge witnesses will be protected and free from the strictures of the Official Secrets Act. The risk of commissioners being captive to political interests is great. Some politicians benefit from ethnic divisions and have a motive to work against these efforts. The TJRC, if led by political plants, could give such persons room to advance divisive agenda.

We must remember the ultimate goal is not to jockey for ethnic positions but to promote equality of opportunity, good relations and peaceful co-existence of various communities. In this light, the fate of the internally displaced is a weathervane as to the priorities of various leaders.

At the time draft laws to create the bodies were before Parliament, there was significant resistance to resettlement. Now, some politicians are advocating forced resettlement to end perception issues. Preoccupation with community positioning must not be allowed to become the overriding criteria for major political decisions in this process.