Kenya: Beware of 'Constitution without Constitutionalism'
NAIROBI/NEW YORK, Oct. 22, 2010-Kenya's new constitution holds great promise, but further steps need to be taken to ensure its success, according to a report released today by the International Center for Transitional Justice (ICTJ).
The report, Institutional Reform in the New Kenya Constitution, analyzes the constitution signed into law on August 27 with a special focus on institutional reform and transitional justice.
"The new constitution has the potential to address root causes of conflict and encourage Kenya's transition to a more stable and just democracy," said Njonjo Mue, head of ICTJ's Kenya program. "Today's report underlines that the constitution can certainly help Kenyans address the many challenges in moving beyond a history of ethnic division, corruption and impunity to a future based on the rule of law."
Written by Kenyan scholar, Dr. Migai Akech, the report cautions of the dangers of embracing a culture of "constitution without constitutionalism." This is likely to happen if Kenyan society and particularly its public servants do not consciously conform to the new constitution by passing enabling legislation and vetting key institutions.
The report urges the government to fill important gaps through relevant legislation. These include the absence of a proper framework for dealing with the perpetrators of the 2007/2008 post-election violence, and redress for victims of past human rights violations. The report also challenges Kenyan civil society to robustly engage in every step of the implementation.
"At this stage, it's vital we stimulate a vigorous national discussion on implementation," said Mue. "We hope this report is an important, timely contribution to current debates¾and helps emphasize the need for legal and practical actual implementation as a next step."
The full report can be found 'as attached'.
About ICTJ
The International Center for Transitional Justice (ICTJ) works to redress and prevent the most severe violations of human rights by confronting legacies of mass abuse. ICTJ seeks holistic solutions to promote accountability and create just and peaceful societies. For more information visit www.ictj.org.
Contact
Njonjo Mue (Nairobi)
Head, ICTJ Kenya Office
Tel: +254 20 387 7508/ 386 0201
Cell: + 254 721308911
nmue@ictj.org
Lisa Jamhoury (New York)
Publications Associate
ICTJ New York
Tel: +1 917 637 3846
Cell: +1 917 975 2305
ljamhoury@ictj.org