Statement
of U.S. Senator Russ Feingold
On the Current Electoral Crisis in Kenya
January 28, 2008
Mr. President,
just over one month ago, in the days before the December 27th president
election, I noted that it had become the closest political contest in
that country’s history and that the two leading candidates were
running robust, active campaigns. Although I also acknowledged the persistence
of a deeply entrenched culture of corruption, I was encouraged by the
growing engagement of Kenyan citizens and civil society organizations
during the relatively peaceful, well-run, and competitive campaign season.
I joined many others in hoping that the presidential and parliamentary
elections held on that day would confirm Kenya’s place among the
world’s most promising emerging economies and young democracies.
Instead, that hope turned to dismay as we watched a blatant disregard
for democratic principles and processes by the ruling party and an extraordinary
disrespect for rule of law and human rights by both leading candidates’
parties. The serious allegations of vote rigging, the rushed declaration
of a presidential winner, and the destructive violence that have ensued
are not only hurting the Kenyan people – they are jeopardizing
Kenya’s previous democratic progress.
With Somalia, Ethiopia,
Sudan, and Uganda as neighbors in the volatile Horn of Africa, Kenya
has long been regarded as a stable country making slow but persistent
progress towards democracy. Kenya’s press and courts seemed to
be asserting their independence from the president-dominated government,
and the mere fact that all pre-election opinion polls put the incumbent
president neck-and-neck with his challenger from the main opposition
party seemed to be an encouraging sign of a vibrant democracy. But on
December 27th and in the days that followed, this progress came to a
grinding halt. The Kenyan election suffered a fate all too common in
Africa, with the votes tallied behind closed doors and the results finally
announced by Kenya’s Electoral Commission suggesting significant
rigging.
The resulting frustration
and deadlock have sparked violence, looting, destruction of property,
and disruption of normal activity, creating an economic and humanitarian
emergency on top of the current political crisis. Hundreds have been
killed -- some of them because of disproportionate use of force by Kenyan
police as they seek to quell protests – and tens of thousands
have fled their homes. Trust in the government, law enforcement, and
even in one’s neighbor has been seriously undermined.
The rival political
leaders – incumbent President Mwai Kibaki and leader of the Orange
Democratic Movement opposition party, Raila Odinga – can work
to end this violence and destruction by refraining from using, inciting
or condoning violent tactics. In recent days, Mr. Odinga and his supporters
have demonstrated noteworthy restraint and it is essential that both
parties respect the importance of a peaceful resolution as they begin
to participate in an internationally brokered dialogue, led by former
UN Secretary General Kofi Annan.
It is early days
yet, and it remains unclear how committed these leading candidates are
to seeing the negotiation through to the finish line. Although he has
agreed to participate in an internationally-brokered meeting with Mr.
Odinga, Mr. Kibaki has been less than cooperative by rushing to appoint
his own cronies to top cabinet positions and declaring he will follow
the recommendations only of the Kenyan courts, which are also packed
with his supporters. A political settlement is a key element in working
through this electoral crisis but it must be part of a greater initiative
that includes institutional reform. The road ahead is long, and I remain
concerned that while both leading candidates have come to the table
for negotiations, they could still decide to abandon the effort.
The past few weeks
have shown how superficial Kenya’s democratic gains may really
have have been. Now the international community – and the United
States in particular – must live up to its rhetoric in favor of
free and fair elections and institutional building. Many of the other
countries that have suffered botched elections had a long history of
such fraud but if this relatively stable and prosperous country is allowed
to abandon its democratic experiment, the appeal of democracy will inevitably
dim around the world. The citizens of Kenya as well as those from around
the world had higher expectations for Kenya.
Resolving Kenya’s
current political, humanitarian, and economic crisis will require a
coordinated international effort to engage all players in identifying
and addressing the deeper problems that allowed the election fraud to
occur and to ignite such a wave of outrage. Although a power-sharing
agreement will likely be part of the solution, serious underlying problems
need to be addressed. The challenges facing Kenya include an over-concentration
of power in the office of the president, insufficient independence of
the judiciary and electoral institutions, the need for professionalization
of police and armed forces, and a persistent lack of transparency and
inclusiveness throughout the political system. Only by addressing these
root causes of the recent conflict will Kenya be able to truly restore
stability and emerge from this crisis a stronger and more prosperous
nation. Such a task will not be quick, easy, or cheap, but the alternative
-- not seizing this chance to bring about essential political reform
-- would be enduring, complex, and costly.
Last week, along
with my Ranking Member on the Senate Subcommittee on African Affairs,
Senator Sununu, and Senators Cardin and Kerry, I introduced a resolution
to encourage the United States and the wider international community
to resist the temptation for a quick fix in Kenya and to instead pursue
a more intensive, encompassing plan for political transition and transformation.
I hope the Senate will pass this resolution shortly. The administration
has played an active role – sending Assistance Secretary Frazer
to Nairobi shortly after the elections to meet with both leading candidates
-- and I know Ambassador Ranneberger has been actively engaged in-country.
But we need to see greater collaboration from all donors – with
one consistent message that helps move Kenya to the next stage. I hope
that members of Congress from both parties will come together to support
this initiative and the diplomatic and humanitarian efforts in Kenya
that must follow in the coming weeks and months.
The U.S.-Kenya
partnership is a longstanding and important one, but I can not condone
a continued relationship with a government that has apparently stolen
an election and uses tactics of fear and intimidation to address dissent.
This is not the Kenya I have come to know, and I am sure, not the Kenya
its citizens want to know. We must close this devastating chapter by
addressing the reasons for the electoral crisis and ensuing violence.
Without such vital work, our historic partnership will deteriorate.
There is a window of opportunity to ensure this does not happen, and
I encourage all key actors to seize upon this opening. Above all, I
want to see violence end and hope restored in Kenya.
Thank you. I yield
the floor.
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