15/09/2010

TBT Network on behalf of survivors and families of victims of Wagalla Massacre

Press Statement

The Truth Be Told Network, on behalf of the survivors and families of victims of Wagalla Massacre of 1984, register its rejection of the Truth Justice and Reconciliation Commission as presently constituted.

As we have stated before, Wagalla Masscare is the most serious crime committed on Kenya’s soil; in this massacre it is believed 3000 innocent men and boys were shepherded into a disused airstrip, tortured, starved and shot by the Kenya Security Forces. It was a well planned operation to exterminate a named community completely and therefore qualifies as genocide; a crime against humanity.

The planning for this genocide was executed at the top level of government and many past and present leaders of this country were privy to its this planning and execution. We have provided evidence to show that at more than time and more than one location meetings of top level civil servants took place to plan, strategize and carry out this heinous crime against humanity. One such meeting took place at Wajir DC,s office on 8th February, 1984 and was attended by at least 8 top civil servants whose line Ministries were responsible for national security. This was a day before the operation began to detain men and boys which lasted for four days. Among those who attended that meeting was Hon. Amb. Bethuel Kiplagat. Kiplagat is currently the Chairman of TJRC which intends to look into the circumstances surrounding the Wagalla Massacre. This is not an allegation, it is a material fact proven by government’s own records and corroborated by eyewitnesses.

We also believe, the TJRC as constituted has neither the motivation, the credibility or the capacity to undertake the task required to unearth the truth, provide justice and reparations and create memorization for Wagalla Massacre and other crimes committed by government of Kenya against its own people. We specifically believe the following to be true:

That the TJRC was specifically designed to be perpetrator friendly. It was designed to absolve perpetrators of crimes and not heap the right accountability and blame on them. The former regimes which committed much of these crimes are still in control of the country through proxies. They are therefore in control of the truth-seeking process, leaving the victims and survivors disempowered.

That the TJRC is designed to validate long held false insinuations and untruths about many of the crimes committed in this country. In the case of Wagalla Massacre; the government admission of killing 57 men is likely to be validated while in actual terms this number was its own civil servants who died in the massacre. Governments own records show that it killed 2619 people. (In the political assassinations, it wants to validate, the false theory that the gentleman committed suicide etc).

That the TJRC was designed to limit the magnitude of reparations payable to the families of victims and survivors of the heinous crimes like Wagalla Massacre. The TJRC was modelled on the South African Truth Commission which eventually paid US$ 400 as reparations to all the victims, regardless of the crime. This idea was floated in meetings of the TJRC and even the figure of Ksh. 2000 was discussed.

That the TJRC will meet a limited number of victims and survivors. The number being discussed being 1200-1700 victims in a country of 38 Million people. Of this the TJRC is likely to decide on who is a victim and who is not. Justice will not therefore be served by a government agency dictating the identification of victims and survivors.

That the TJRC will focus mainly on foot soldiers not planners and political leaders of many of the crimes. For instance the Wagalla Massacre case low level soldiers have been lined up to confess to the crimes and apply for amnesty. While the soldiers committed unimaginable crimes, the responsibility for genocide is political and it is those higher in the echelons of the military and the executive who should be prosecuted.

That the TJRC as presently constituted will definitely lead to polarization in this country. It will not lead to reconciliation but further disorder and violence which turn our society upside down. Since the model used was from South Africa it can correctly be stated that the product will be identical; South Africans have turned on one another leading killing of white farmers and xenophobia against other Africans because of the way the Justice and Reconciliation process was handled. We believe that the result in Kenya will not be much different.

Because of the foregoing reasons Truth Be Told Network on behalf of the families of victims and survivors has resolved to:

Hold public demonstration in Wajir on 16th, 17th and 18th September, 2010 to protest TJRC process and urge the families of victims of survivors to boycott the TJRC.

Enjoin ourselves in the ongoing suits by the civil society aimed at halting the TJRC process.

Consult with various stakeholders on the formation of a separate People’s Commission on Justice, independent of the government’s TJRC intended to unearth the truth and recommend appropriate justice against the perpetrators.

Continue to agitate for appropriate mechanism for Truth, Justice, Reparations and Memorialization.

Continue to prosecute the two cases currently in court; one at the High Court of Kenya and the ACPHR in Banjul and seek the courts intervention to stop the TJRC from interfering in this matter which is already in court.

Further:

We therefore urge the TJRC staff to forthwith stop harassing the families of the victims of Wagalla Massacre in Wajir.

We strongly urge the disbandment of the TJRC and serious study on what went wrong with the process with the intention of constitution an appropriate body designed for Kenya’s circumstances and staffed by Kenyans who had no involvement in the operations of the past regimes.

Implementation of the new constitution’s provisions on leadership, integrity and bill of rights so that the credibility of any justice mechanism is enhanced.

We believe any further continuation of the TJRC process is deliberate chest-thumping of the perpetrators of past crimes and gerrymandering of politicians who had no intention to heal this country in the first place.

(Ends)

Signed:

Salah Abdi Sheikh: Coordinator TBT Network