To the Government of Kenya
With Respect to Political Violence and Human Rights:
C Take action to prevent politically motivated violence and ensure accountability for past incidents of such violence, including incidents carried out with state sponsorship. Make public in full the findings and recommendations of the government's commission of inquiry into ethnic violence (the Akiwumi Commission); bring the perpetrators to justice, regardless of their political affiliation; and renounce violence by the ruling party.
C Pay reparations to the victims of state-sponsored violence.
With Respect to Security Issues:
C Strengthen legal controls on firearms and ammunition. Revise legislation to ensure that it reflects the highest standard and is comprehensive. This should encompass the manufacture, possession, and transfer of these weapons-inclusive of export, import, sale, transshipment, and transport-both within Kenya and with respect to international transactions. Strictly enforce these legal controls, including by: ensuring that security forces are adequately trained and equipped; enhancing the capacity of customs officials to identify and inspect suspicious cargo; combating corruption among law enforcement personnel; and ensuring accountability for misconduct.
C Improve national controls over weapons stocks. Specifically: ensure strict stockpile management and storage of government-held weapons and ammunition to prevent their loss, theft, or illegal sale; responsibly dispose of (for example, through destruction) all seized, surrendered, and surplus weapons to prevent their further diffusion and misuse; require all legally held firearms to be registered, together with ammunition, and closely monitor the use of these weapons.
C Continue to engage with regional partners to harmonize legal controls and improve law enforcement cooperation, with a focus on concrete results. Adopt the proposed regional legal protocol and implement it into nationallegislation.
C Enhance transparency. Prepare and make public on an annual basis a detailed national report on the manufacture, transfer (inclusive of export, import, sale, transshipment, and transport), and accumulation of arms and ammunition. As part of this report, enhance transparency about the Eldoret ammunition factory, including with respect to production levels, volume of sale, and destination of ammunition sold. Report fully to the United Nations Register of Conventional Arms.
C Strictly control arms transfers. Explicitly define national criteria for authorizing arms transfers (again, inclusive of all categories, including transshipment). Develop and incorporate into law a code of conduct that strictly limits the transfer of weapons from or through Kenya, at a minimum to ensure that weapons transfers are not authorized to human rights abusers, countries that have inadequate controls on weapons, and areas (particularly neighboring countries) from which they might be diverted for re-sale inside Kenya. Incorporate into national legislation and strictly enforce United Nations sanctions prohibiting arms transfers to embargoed destinations, as well as nonbinding subregional, regional, and international measures circumscribing weapons transfers.
C Ensure accountability of local security structures. Apply strict norms of discipline and accountability to the police reservist program or disband it. Bar the formation of community militias. Do not permit local communities to take on or share in law enforcement functions without strict oversight, proper training, full adherence to legal standards that are consistent with human rights norms, and accountability.To the Governments of East Africa
C Adopt a comprehensive approach to combat illicit weapons trafficking and, more generally, small arms proliferation in the region. With respect to legal controls, develop and adopt model legislation and, drawing on best practices and existing international commitments with regard to international arms transfers, devise and implement a subregional code of conduct. Adopt the code of conduct nationally, giving it legal status. With respect to transparency, enhance information-sharing and the public dissemination of arms-related information, including by preparing and making public a subregional or regional arms register. With respect to lawenforcement measures, as planned under a regional action plan, coordinate efforts through information exchanges; engage in joint operations; adopt a common marking and tracing system; harmonize customs controls; and cooperate to improve border controls. With respect to the demand for small arms: develop regional strategies (supplemented by national initiatives) to improve governance, alleviate poverty, and enhance security. With respect to the political dimension of armed violence, cease to arm members of unaccountable local security structures.
C Adopt changes at the national level to combat weapons proliferation and improve security, as above.To International Donors and the International Community
C Work with the Kenyan government and other regional actors to enhance security and reform the security sector, to address the demand for weapons and the culture of violence, and to encourage progress with respect to small arms controls. Ensure that in all cases, human rights (inclusive of refugee rights) are not compromised.
C Support and expand support for community-based approaches to stem the demand for weapons, prevent crime, and reduce conflict among communities. Comprehensive community-based strategies might include various elements such as disarmament, public education, and use of conflict resolution techniques.
C Insist on governmental accountability for past incidents of ethnic and political violence involving agents of the state at any level. Press for needed reforms, as above, to prevent further such violence.
C Exercise restraint with respect to arms transfers to East Africa and the Great Lakes region, as well as other areas of violent conflict and countries where the diffusion of weapons could generate or contribute to a potentially excessive and destabilizing accumulation of weapons and thereby put human rights in danger.