A/HRC/15/60 435. Action Canada for Population and Development welcomed the fact that Kenya had accepted a number of recommendations and pledged to revise national laws to uphold fully the principle of non-discrimination, eradicate the use of torture and ill-treatment by public officials, and take effective measures to safeguard the work of human rights defenders. It was disappointed, however, that the Government had rejected recommendations to provide for the protection and equal treatment of lesbian, gay, bisexual, transgender and intersex persons, who were repeatedly discriminated against and continued to face threats of violence as well as torture, ill-treatment and harassment at the hands of public authorities. It recalled that the Secretary-General had stated that cultural considerations should not stand in the way of basic human rights, and urged the Government to respect, protect and fulfil the rights of all Kenyans. 436. The World Organisation against Torture commended Kenya for the adoption of a new Constitution, which provided a favourable legal environment for the protection and promotion of human rights. However, it was concerned by Kenya’s breach of its obligations under the Rome Statute of the International Criminal Court by failing to arrest President AlBashir and by harassing two human rights defenders who publically protested on this occasion. Referring to the recent agreement between Kenya and the Court to enable the latter to conduct investigations into the 2007 post-election violence, it urged full cooperation with the International Criminal Court and the establishment of a domestic mechanism to facilitate the investigation and prosecution of other perpetrators, who would not be dealt with by the Court. It also urged Kenya to respect the work of human rights defenders and to raise public awareness concerning the degrading nature of the death penalty and the need for its abolition. 437. Rencontre africaine pour la défense des droits de l’homme deplored the fact that the Government had neither implemented the recommendations of the commission of inquiry into the post-electoral violence of 2007 nor the recommendations of the Special Rapporteur on extrajudicial killings. It also regretted the persistence of impunity, noting that those responsible for the post-electoral violence had still not been identified. At the same time, human rights defenders and witnesses of the violence continued to be subject to intimidation. It encouraged the Government to continue to strengthen relations between different communities and minorities in order to protect their rights and move towards the national reconciliation envisaged in the Kenya Vision 2030. It also encouraged the Government to combat discrimination against women, particularly in relation to female genital mutilation, and to harmonize anti-terrorist measures with international human rights standards. 438. Franciscans International welcomed Kenya’s support for a significant number of recommendations, particularly those relating to the necessity of effective measures to prevent and punish all forms of violence against women, awareness-raising programmes on the rights of women, and the strengthening of law enforcement and the judicial system. It expressed concern at the situation of single mothers and urged Kenya to develop a policy addressing the specific challenges faced by this particular vulnerable group. Franciscans International urged Kenya to ratify the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women. It welcomed Kenya’s support for the recommendation made by Spain to ensure the equitable distribution of water and food to the entire population. It recommended that Kenya invest in research to prevent the negative impact of biofuel production on food production areas. 439. The International Federation of Human Rights Leagues applauded Kenya for supporting 128 recommendations and suggested, in the light of the adoption of the new Constitution, that the Government: (a) fully operationalize the provisions of the Persons with Disabilities Act 2003 and take measures to ensure the full realization and enjoyment of the rights of persons with disabilities; (b) pass the reproductive health bill into law to deal 148 GE.11-17043

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