A/HRC/10/30
page 14
rule of law, including urging all parties to end violations, urging that those responsible for
violations be brought to justice, support for the role of the International Criminal Court,
strengthening support for the authorities of the Democratic Republic of the Congo in combating
ethnic discrimination and intolerance, and urging the Government to strengthen the rule of law
and transitional justice; and political and economic sectors, including urging the Government to
regulate effectively the use of natural resources, prioritize political solutions including the work
of the various special envoys and continue to support regional ethnic reconciliation as well as
political and economic integration. The Special Adviser also urged a unified approach by the
various international and regional special envoys and mediators.
2. Kenya
33. As briefly described in the report of the Secretary-General submitted to the Human Rights
Council in 2008 (A/HRC/7/37), two members of the office of the Special Adviser visited Kenya
from 1 to 15 February 2008 in response to the violence and other acts that occurred in the
aftermath of the December 2007 general election. In late February 2008, the Special Adviser
reported his conclusions to the Permanent Representative of Kenya to the United Nations,
relevant United Nations departments and the Secretary-General. The Special Adviser’s
recommendations included a focus on (a) short-term prevention to interrupt a dynamic of
violence and impunity, including through deployment of national and international human rights
monitors, a commitment to bring perpetrators of violations to justice, and urgent work towards a
demobilization programme for youths in armed gangs perpetrating much of the violence; and
(b) long-term prevention, including constitutional reform, land and agrarian reform,
strengthening of State institutions, improving the function of political parties, significantly
reducing youth unemployment and rapid poverty alleviation and economic inequality.
34. The Special Adviser remains in contact with the relevant United Nations operational
departments regarding United Nations support for Kenya in implementing actions to prevent the
re-emergence of violence.
3. The Sudan
35. On 14 July 2008, the Prosecutor of the International Criminal Court petitioned the Court’s
First Trial Chamber to issue an arrest warrant for President Omar al-Bashir of the Sudan, on
charges of genocide, crimes against humanity and war crimes. The mandate of the Special
Adviser requires him to focus on prevention before genocide occurs, and specifically excludes
him from making a determination of whether genocide has already occurred or not. Nevertheless,
the Special Adviser also recognizes that genocide is not a single event that occurs at one specific
moment but is, on the contrary, a crime that occurs over a period of time, such that there is a role
for prevention even after a finding of genocide has been formally made. In the weeks prior to the
Prosecutor’s petition and the months since, the office of the Special Adviser was deeply
concerned that the heightened political tension surrounding the petition and the eventual
response of the Court could have an impact on the situation in Darfur. In late June 2008, the
Special Adviser’s office prepared an analysis of the risks, and updated that analysis in August.
On 16 September, the Special Adviser himself reported to the Secretary-General on the situation
and the risks from the perspective of his mandate. In early October, the Special Adviser chaired a
meeting of senior United Nations officials to discuss the situation from the perspective of the
prevention of genocide. In addition, in the last three months of 2008, the Special Adviser
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