Parliament Should Amend Legislation to Close Loopholes

London, May 15, 2008) - Kenya's draft bill to establish a Truth, Justice and Reconciliation Commission is flawed and should be amended, Human Rights Watch said today. Human Rights Watch urged parliament to revise the bill before it becomes law.

"The national dialogue and reconciliation process was supposed to create institutions that can address Kenya's historical injustices and bring criminals to book for their crimes," said Georgette Gagnon, Africa director at Human Rights Watch. "But as currently drafted, the commission has serious flaws that must be urgently addressed by parliament, especially its amnesty provisions."

If the contradictions in the draft bill are not resolved, the Truth, Justice and Reconciliation Commission (TJRC) could fail to contribute to or even undermine the justice which Kenya so badly needs. The Kenyan parliament should take time to reflect on the bill and amend it to rectify the flaws rather than passing it into law with undue haste.

The serious questions that parliament must address in the committee stages of revising the bill are:



Independent Legal Consultant.

Download Terms of reference here