A/HRC/15/60 promised to restore integrity to the executive, judiciary, parliament and electoral system and represented a new beginning in the process of political transformation and a unique opportunity for national healing and reconciliation. 416. Recalling that 150 recommendations had been made by delegations during the review in May, Kenya had accepted 128 of these recommendations and postponed the consideration of 15. Only seven recommendations had not enjoyed the support of Kenya. With regard to the postponed recommendations, broad consultations had been held at the national level and a number of measures had been taken to implement them, many of which related to the holding of a peaceful referendum on the new Constitution, prohibiting discrimination on the grounds of sex, and implementation of human rights instruments to better protect children, marginalized communities, persons with disabilities and freedom of information, in addition to the need for institutional reform. The referendum on the new Constitution had been held on 4 August in a peaceful manner. The new Constitution guaranteed most of the rights that had been subject to the universal periodic review recommendations and also the right of everyone to institute court proceedings where rights had been denied or violated. The Government was also taking measures to reform the judiciary and the police, and had published a number of bills in this regard, including the Independent Police Oversight Authority Bill. 417. With regard to the recommendations on the ratification of international instruments, an advisory committee was assessing all international instruments, including optional protocols, to which Kenya was not a party. The death penalty had been retained in the new Constitution; any attempt to abolish it would not enjoy parliamentary approval at the present time. 418. While no action had yet been taken on the recommendation to establish a local tribunal to try the perpetrators of the 2007 post-election violence, Kenya had signed an agreement with the International Criminal Court granting it immunity and privileges to operate locally, thus allowing it to set up a court in the country to try post-election violence suspects should it wish to do so. Kenyan resistance to a local tribunal in preference to the International Criminal Court was born out of the mistrust that Kenyans had towards national justice mechanisms. It was hoped that the ongoing reforms in the justice system would help to change this perception. 419. With regard to the seven recommendations that had not enjoyed the support of Kenya in May, after national consultations, Kenya was now in a position to accept the recommendation on the protection of rights of “indigenous peoples”, without giving undue weight to the terminology, bearing in mind also that the new Constitution recognized the existence of marginalized communities, which included indigenous communities. Measures had been taken to implement recommendations on extrajudicial executions, including through institutional changes in the police and the enactment of new legislation. 420. In view of the above developments, of the seven recommendations that did not enjoy the support of the delegation in May, only the recommendation on decriminalizing samesex unions had been rejected in full. 421. In conclusion, Kenya reaffirmed its commitment to the promotion and protection of human rights and its support for the universal periodic review process. 2. Views expressed by Member and observer States of the Council on the review outcome 422. Algeria noted that the successful holding of the referendum on the new Constitution reinforced democracy in the country and was a major advance in realizing planned reforms. Algeria was particularly pleased with the progress made to promote social, economic and cultural rights through programmes aimed at achieving the Millennium Development GE.11-17043 145