Kenya, 1999

May I, on behalf of my

delegation congratulate you, Sir, on your election as

President of the General Assembly at its fifty-fourth

session. Kenya's pride in seeing you preside over the affairs

of the Assembly, which you have been associated with for

so long, derives from our close and long bilateral ties with

your great country.

I take this opportunity to register my delegation's

appreciation to your predecessor, His Excellency Didier

Opertti of Uruguay, for the able manner in which he

presided over the work of the fifty-third session.

We commend the Secretary-General, Mr. Kofi

Annan, for the effective and tireless manner in which he

continues to manage the affairs of this Organization and

encourage him to continue serving the international

community with his characteristic selfless dedication to

duty. Kenya will continue to support his efforts to further

strengthen the Organization.

Kenya warmly welcomes the Republics of Kiribati

and Nauru and the Kingdom of Tonga into this family of

nations.

As we approach the new millennium, there is need

for us to reflect on the past, the present and the future of

our world. The cumulative history of mankind during the

current millennium has been characterized by the struggle

of the human race to overcome the various problems of

hunger, war and disease. Throughout time man has

invested constantly to provide shelter, increase literacy

and tackle the various problems of underdevelopment.

The latter part of this millennium has witnessed enormous

political, economic and social changes. Where once

slavery was acceptable, today freedom is the norm. Where

once crude methods of economic production dominated,

today sophisticated production techniques govern. Where

ignorance was widespread, today science and technology

determine man's progress. Where before the human rights

of peoples were unknown, today they are an integral part

of the international agenda.

But even as we note the progress that has been

made, the scourge of poverty and underdevelopment

remains a painful reality for most of us. We believe that

poverty is the root cause of the conflicts that pervade

various regions of our globe, unleashing immense

suffering on humankind — particularly on women and

children.

Our continent, Africa, continues to suffer from the

ravages of intra-State and inter-State conflicts. The issue

of the complementarity of the roles of the United Nations

and that of regional organizations needs to be addressed.

African countries have taken their own initiatives to

resolve the various conflicts raging in the continent.

Although progress has been made in some cases, many of

the conflicts remain intractable, making it difficult for

affected countries to redirect their efforts and resources

towards economic development.

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In our own region, together with other members of the

Intergovernmental Authority on Development (IGAD),

Kenya is seized with the conflicts in Sudan and Somalia.

The subcommittee on the Sudan peace process, for

example, is actively engaged in the search for a peaceful

settlement to the conflict in the southern Sudan. At the

most recent meeting, held in Nairobi from 19 to 23 July

1999, members of the IGAD ministerial subcommittee

agreed to establish a secretariat to facilitate intensive and

continuous negotiations to resolve this conflict. As

chairman of this subcommittee, Kenya is optimistic that this

new arrangement will contribute positively towards reaching

a negotiated settlement. We hope we can count on the

support of all the members of the international community

to find a solution to this long-standing conflict.

Kenya continues to be seized with the situation in

Somalia. As a neighbour that shares a border of 1,200

kilometres with Somalia, we are concerned at the loss of

international interest and support for this sad country. The

international community should resume its active interest

and support for Somalia in order to instill in the innocent

people of that country some measure of hope for the future.

We are grateful for the roles that the Organization of

African Unity and the United Nations have played and

continue to play. However, Kenya calls for greater

involvement by the United Nations in support of ongoing

regional efforts. The new initiative unveiled by the

Chairman of IGAD, President Guelleh of Djibouti, at this

podium on 22 September 1999, deserves serious

consideration.

In efforts to support and assist the people of Somalia,

the territorial integrity of that country must be respected.

Regional entities that may have come into existence during

this period in Somalia's history should be seen as building

blocks intended to eventually lead to a Government of

national unity. We the neighbouring countries, as well as

the international community, have an important role in

facilitating the process leading to a peaceful and

comprehensive settlement of the conflict. Our common

commitment to a united Somalia should not waver.

In the tradition of African hospitality, Kenya has

always provided a home to displaced people from

neighbouring countries. As a result of the collapse of the

central authority in Somalia, a large number of refugees

found their way into our country. We are proud to have

been able to assist and even settle some of them. In this

regard, we are grateful for the role being played by the

United Nations High Commissioner for Refugees, the

United Nations Children's Fund, the World Health

Organization and many others who have provided

invaluable assistance, without which it would have been

impossible for the Government of Kenya alone to cope

with the humanitarian crisis.

Recently, Kenya decided to tighten its border

controls with Somalia. However, we remain committed to

facilitating ongoing humanitarian operations, which

continue with numerous daily flights into Somalia from

our territory — and, in some cases, by land as well. We

have been able to do this by coordinating our actions with

the relevant humanitarian agencies and organizations.

The crisis in the Democratic Republic of the Congo

remains of utmost concern to us because it poses a

serious threat not only to the Great Lakes region but also

to the rest of our continent. It is for this reason that

Kenya has been involved in the attempts to resolve the

conflict, particularly in its early, initial stages. Kenya's

offer to host in Nairobi the proposed Congolese national

debate on the political future of their country still stands.

We commend the recent personal efforts that President

Chiluba of Zambia has made in negotiating a settlement

plan which seeks to find a comprehensive solution to that

crisis. We will do everything possible to complement

these efforts and hope that the international community

will be prepared to fulfil its own supporting role.

As the international community continues to play its

part, the responsibility for a final, comprehensive and

lasting settlement to the crisis in the Democratic Republic

of the Congo falls largely to the people and their leaders.

In that regard, Kenya urges all parties to the Lusaka

Agreement to demonstrate their commitment by

implementing it, both in letter and in spirit, in a timely

and appropriate manner.

We firmly believe that it is time for the Security

Council to actively step in and provide tangible support

for the peace process. Africa expects that the support

given to peacekeeping operations in other parts of the

world will be replicated, both in scope and in content, in

the case of the Democratic Republic of the Congo. We

know that most members of the Security Council have

embraced this challenge and are willing to do their part.

The situation in Angola continues to be a source of

great frustration. Indeed, the resumption of hostilities at

a level not seen since the signing of the Lusaka Protocol

does not augur well. Kenya is deeply disappointed that

the leader of UNITA, Mr. Savimbi, continues to

flagrantly defy the collective will of the international

21

community. We call on him to immediately cease all acts

of hostility against the people of Angola.

With regard to the border conflict between Ethiopia

and Eritrea, we note with satisfaction that the combined

initiatives of the Organization of African Unity (OAU), the

United Nations and the United States to secure definitive

agreement on the modalities for the implementation of the

OAU Framework Agreement are still on course. We appeal

to both parties to exercise utmost restraint and not to

resume fighting.

In accordance with the United Nations Charter, the

Security Council has the primary responsibility to determine

the existence of any threat to international peace and

security and to recommend appropriate intervention

measures. There can be no derogation from this primary

responsibility. In the fulfilment of this responsibility, it

must be borne in mind that the principle of non-interference

in the internal affairs of Member States remains a cardinal

element in the conduct of international relations, as spelt

out in the Charter.

We have serious reservations on the evolving view

that even the United Nations Charter provides leeway for

non-United Nations intervention. We would like to caution

that this approach needs to be carefully balanced with

legitimate concerns of sovereignty. Whatever we may say

on intervention, the sovereignty of States remains at the

core of diplomatic discourse. Derogation from this principle

in the case of serious humanitarian emergencies must be

made on the basis of general consensus in the United

Nations.

It is in this spirit that Kenya has always supported and

participated in many United Nations peacekeeping missions

throughout the world. We will continue to contribute

personnel and remain actively involved in United Nations

peacekeeping activities. All peacekeeping missions must be

established in accordance with the United Nations Charter.

This is why we welcome the assumption of responsibility

in Kosovo by the United Nations in the form of the United

Nations Interim Administration Mission in Kosovo

(UNMIK). We should do everything possible to support

efforts towards the restoration of normalcy in Kosovo. We

also hope that the spirit that prevailed in the establishment

and financing of UNMIK will be applied to peacekeeping

operations in Africa.

With regard to the situation in East Timor, Kenya

commends Indonesia for allowing the international

community to send a United Nations — mandated

multinational force to restore order. We welcome the

unequivocal statement by the Foreign Minister of

Indonesia, Mr. Ali Alatas, reiterating his Government's

responsibility to ensure the fulfilment of the newly

expressed will of the majority of East Timorese to seek

a new destiny outside the Indonesian Republic. We hope,

as he expressed the hope, that the parting of ways will, in

his own words, proceed honourably, peacefully and

amicably.

As Sierra Leone continues along the path of national

reconciliation and true peace, we encourage the United

Nations to remain committed to and engaged in that

country. We again place on record our appreciation to the

Economic Community of West African States (ECOWAS)

Monitoring Group (ECOMOG) for its immense sacrifice

in assisting the people of Sierra Leone in their search for

peace and democracy. On our part, we will continue to

support our brothers and sisters in that country. Towards

that end, we have already contributed personnel to the

United Nations Observer Mission in Sierra Leone

(UNOMSIL).

Kenya is encouraged by the recent positive

developments in the Middle East peace process. The

resumption of direct dialogue between the State of Israel

and the Palestinian National Authority, which resulted in

agreement on the implementation of aspects of the Wye

accords, demonstrates the vast opportunities that political

goodwill can unleash. We encourage those involved to

stay on course and we welcome indications that the other

tracks in the Middle East peace process are receiving

careful attention.

On the economic front, my delegation is of the view

that the slow progress in Africa's efforts to attain

sustainable economic growth and development is directly

related to the failure by the international community to

mobilize adequate resources for development. This has

been aggravated by situations of internal conflict and the

prevalence of such diseases as malaria and AIDS, among

others, which are compounded in turn by the shackles of

poverty and deprivation and an unfavourable external

economic environment.

My delegation welcomes the Heavily Indebted Poor

Countries Debt (HIPC) Initiative made at the G-8 meeting

in Cologne, Germany. The crushing burden of external

debt on the developing countries, especially those in sub-

22

Saharan Africa, remains a major obstacle to our

development efforts. While we welcome this Initiative, we

are of the view that much still needs to be done. We would

like to see HIPC coverage broadened to include more of the

indebted countries, with relief being offered in a graduated

manner. This would envisage providing the greatest relief

to the most indebted countries. In addition, consideration

could be given to modifying the existing terms and

conditions of HIPC to enable countries like Kenya, not

covered by HIPC as currently proposed, to participate

without the possibility of losing access to credit that would

otherwise be available to them. The terms and conditions of

the HIPC Initiative are based on a piecemeal approach

which will not contribute to the overall goal of debt

cancellation. Debt-relief measures should be structured in

a holistic and comprehensive manner without eroding

Africa's future capacity to attract investments and should be

linked to the long-term social and economic development

of the continent.

Another issue that requires the concerted efforts of the

international community is that of poverty eradication.

Kenya has already launched a Poverty Eradication Plan,

which has received some support and which we hope will

attract wider support to allow us to achieve our goal of

becoming a newly industrialized country by the year 2020.

Bold actions are required to ensure that the developed

countries fulfil the commitments agreed upon to maintain

official development assistance flows to developing

countries at 0.7 per cent of their gross national product. In

this regard, Kenya supports the proposal to hold an

international conference on financing for development next

year.

The United Nations remains our only hope to

spearhead the process of development. Accordingly, all

Member States have an obligation to support the

Organization in order for it to fulfil its development

mandate. The United Nations Development Programme

(UNDP) and other specialized bodies — such as the United

Nations Children's Fund (UNICEF), the Office of the

United Nations High Commissioner for Refugees

(UNHCR), the United Nations Environment Programme

(UNEP) and the United Nations Centre for Human

Settlements (Habitat) — must be strengthened in order to

enable them to succeed in their respective roles.

Kenya looks forward to the convening of the first

South-South summit in Havana, Cuba, in April next year.

The conference will be a historic milestone in the

strengthening of South-South cooperation. The South-South

summit provides a golden opportunity at the highest

political level for the members of the Group of 77 and

China to share their experiences and to consolidate

political goodwill, which is so vital for economic

cooperation and development.

Kenya attaches great importance to economic

cooperation among developing countries. It is for this

reason that Kenya has actively pursued the path of

economic integration at the regional and subregional

levels. In addition to the Common Market for Eastern and

Southern Africa (COMESA), comprising 21 countries

with a population approaching 400 million, we are

determined, at the subregional level, to upgrade the East

African cooperation arrangements — comprising Kenya,

Uganda and Tanzania — into a full-fledged East African

community by the end of the year. Our vision is to

establish an East African community with a population of

nearly 90 million people with natural, historic, social and

cultural ties into one investment destination, one tourist

destination, one single market and one common external

tariff, with a free flow of goods, services and people.

Kenya is greatly concerned by the rise in

transnational crime, narcotics, money-laundering and

terrorism networks. The tragic bombing of the embassies

of the United States of America in Nairobi and Dar-es-

Salaam in August 1998 is still fresh in our memories.

This incident, not to mention the recent terrorist attacks

in Moscow, has heightened our resolve to work closely

with the international community to fight and eradicate

terrorism. We call for concerted efforts to adopt effective

international measures to eradicate the growing and

dangerous links between terrorist groups, drug traffickers

and armed criminal elements. Towards this end, Kenya

participated actively in the Algiers summit of OAU in

July 1999, at which African States adopted a convention

on preventing and combating terrorism. Clearly, more

needs to be done. We support the proposal to hold an

international conference next year on combating terrorism.

Kenya is situated in the heart of a turbulent region.

The proliferation of illegal small arms and their increased

criminal use on Kenyan territory, often by groups from

across our borders, is motivating us to push for practical

and sustained international cooperation to stop illegal

trafficking in small arms. In this connection, we express

our support for the convening of an international

conference on the illicit arms trade in all its aspects to be

held by the year 2001.

In our own region, Kenya will host a meeting before

the end of this year to address the complex problems of

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small arms and their ramifications for security and conflicts

in our region. We look forward to the support and

cooperation of our development partners to ensure that this

conference is a success.

On this issue, Kenya would like to draw a clear

distinction between the legitimate rights of sovereign States

to self-defence and therefore to the procurement of

armaments for that purpose, and the illicit traffic in small

arms involving non-State actors.

Kenya welcomes the urgency and importance with

which the international community has recently addressed

the problem of antipersonnel landmines. We participated

actively in the negotiations leading to the Ottawa

Convention on anti-personnel landmines and in the recent

Maputo Conference of States Parties to the Ottawa

Convention. We have signed the Ottawa Convention, which

is now going through the ratification process. The

prevailing international consensus on outlawing landmines

must be maintained in order to achieve the target of a total

ban on the production, use and eventual elimination of anti-

personnel landmines. International cooperation is essential

in the areas of landmine clearance and the physical

rehabilitation of victims, as well as their social and

economic rehabilitation and reintegration.

As we celebrate the United Nations Decade of

International Law, Kenya regards the adoption of the

Statute of the International Criminal Court as a historic

milestone in the progressive development of international

law. We participated actively in the negotiations leading to

the adoption of the Rome Statute, became the eighty-fourth

State to append our signature to it and have embarked on

the ratification process for it.

We look to the Preparatory Commission for the

International Criminal Court to elaborate on the outstanding

issues, including the elements of crime and the rules of

procedure, in order to reach an early consensus and ensure

universal acceptance of the Statute. We hope that the

Preparatory Commission will complete its work before the

June 2000 deadline.

As eloquently stated by the Secretary-General, reform

of the United Nations is a process and not an event. In

order to attain a more transparent, accountable and

democratic United Nations, the collective resolve of its

Member States is imperative. We must resist any attempts

to approach the reform process in terms of downsizing:

reform must entail restructuring to cope better with the

immense economic development challenges facing our

world, and the success of the reform effort must be

measured in terms of the Organization's capacity to

deliver programmes, strengthen the Secretariat, enhance

its strategic orientation and use the development dividend

to enhance socio-economic development in all our

countries. In this context, Kenya welcomes the

appointment of Dr. Klaus Töpfer as Director-General of

the United Nations Office at Nairobi. As host to the only

United Nations headquarters in the developing world, we

continue to be greatly concerned by the underutilization

of the excellent conference facilities at the United Nations

Office at Nairobi. Practical plans are urgently required to

place the Nairobi Office on the same level as the United

Nations Offices at Geneva and Vienna by providing it

with adequate resources and personnel to enable it to

carry out its functions effectively.

The changes that have taken place in international

relations need to be reflected in the composition and

structure of the Security Council. The Security Council is

a body that is empowered to make important executive

decisions on matters of peace and security on behalf of

the entire membership of the United Nations. It is

imperative that the reform of the Security Council should

ensure greater accountability and democracy together with

equitable representation. The universal and democratic

nature of the United Nations should be preserved and

reforms introduced to ensure fair representation of all the

major geographic regions of the world.

A strong and persuasive case has been made by

African countries for at least two seats in the permanent

membership of the Security Council. Our recent

experience as a nonpermanent member of the Council has

convinced us of the urgency of restructuring this

important organ so that developing countries can play

their rightful part in the maintenance of international

peace and security.

Kenya is of the view that sanctions should be

imposed only in accordance with the Charter and only

after all means for the pacific settlement of disputes under

Chapter VI have been exhausted. A thorough study of the

short- and long-term effects of sanctions, especially on

innocent victims, should be undertaken. The objectives of

sanctions should be clearly defined and the sanctions

should be lifted as soon as those objectives have been

achieved. Sanctions should be imposed for a specified

time, and the conditions to be met by the country or party

on which sanctions are imposed must be clearly defined

and subjected to periodic review. We reject any attempts

24

to impose or prolong the application of sanctions for

reasons other than the specified objectives.

The application of sanctions usually has profound

effects not only on the target countries but also on their

neighbouring countries and other trading partners. Efforts

should therefore be made to put Article 50 of the Charter,

which refers to third States, into operation by establishing

mechanisms or Funds to provide them with relief. In this

regard, Kenya urges that the sanctions on Iraq should be

urgently reviewed with a view to their suspension and

eventual lifting. We also hope that the sanctions on Libya,

recently suspended, will soon be lifted.

As we enter the twenty-first century, it is hard to

imagine what this world would be without the United

Nations. Consider for a moment the number of lives that

have been saved by the Organization; the personal freedoms

that many countries and individuals now enjoy; and the

diseases that have been controlled or eliminated: the list of

successes is endless. But much still needs to be done: the

Secretary-General's proposal for a Millennium Assembly,

with a millennium summit as an integral part, would

provide an important forum for us to reexamine the role of

the Organization and chart our path for the next

millennium. Kenya will play its part.