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"content": "Mr. Deputy Speaker, Sir, I beg to move:- THAT, this House Adopts the Report of the 15th Session of the ACP-EU Joint Parliamentary Assembly and Related Meetings held at Ljubiana Exhibition Centre in Ljubiana in Slovenia in 12th to 20th March, 2008 laid on the Table of the House on Thursday, 17th April, 2008. 532 PARLIAMENTARY DEBATES April 17, 2008 The delegation of the 15th Session of the ACP-EU Joint Parliamentary Assembly comprised of Mr. Kabando wa Kabando, His Excellency, Mark Kahende, Kenya's Ambassador to Belgium and the EU, Prof. Kamar as Leader of Delegation and Mr. Samwel Njoroge, Clerk Assistant III, who was the Secretary to the Delegation. The ACP-EU(JPA) brings together 78 Members of the EU Parliament and 78 Members of the ACP Group of States. The JPA is a joint institution created under the Cotonou Partnership Agreement (CPA) between the Members of the ACP Group of States on the one part and the EU and its member States on the other. The ACP-EU holds its sessions twice a year. The 15th Session of the ACP-EU(JPA) and its related meetings took place in Ljubiana, Slovenia between 12th and 20th March, 2008, at the Ljubiana Exhibition Conference Centre. The session was a follow-up of the one that was held in Kigali, Rwanda in October, 2007 where milestone resolutions on matters affecting the member states were adopted. The session was preceded by meetings of the ACP States Parliamentary Assembly whose purpose is mainly to address issues related to the ACP Group of States prior to the meeting with their counterparts of the EU. Prior to the session, the three Standing Committees met and addressed matters related to the member states and the partnership agreements. Various topics were discussed by the joint committees. Committee No.1 on Economic and Development Finance and Trade, discussed food security in ACP countries and the roles of the ACP-EU co-operation; the effectiveness of aid, Economic Partnership Agreements (EPAs) and the programming of the Tenth European Development Fund. Mr. Deputy Speaker, Sir, Committee No.2, which is on Political Affairs where Kenya sits, discussed three areas, the first one being experiences from the EU regional integration process as relevant to the ACP countries; protection of civilians during peace keeping operations by the UN and regional organisations and the political situation in ACP and EU countries, and the emphasis in this session was on Kenya and Chad. Committee No.3 on social affairs and environmental issues discussed social and environmental consequences of Structural Adjustments Programmes (SAPs), social consequences of child labour and strategies to combat it and a case study on Botswana on the implications of a decision to re-elect Setata Fence in Ngamiland. In the process, the ACP Group of States holds its meetings a day or two prior to the joint session with the EU counterparts. The 12th Session of the ACP Group of States took place on 14th March, 2008 wherein, Kenya, as a delegation, was given an opportunity to give oral and written statements on the situation in Kenya and the prevailing developments thereof. Mr. Deputy Speaker, Sir, whereas all Members of the Assembly hailed the return of peace and welcomed the National Accord between the Government and ODM which had just been signed before our departure, the delegation admitted that we all have a huge task ahead of us to restore the international image of Kenya. The Assembly debated and adopted the following Reports and Motions:- (a) Food security in the ACP States; (b) The Situation in Kenya; (c) Regional integration; and, (d) Structural Adjustments The Assembly also debated matters related to EPAs and the Tenth European Development Fund. It also debated migration and the plight of women, especially during war. During the 11th ACP Parliamentary Assembly held in Brussels on 22nd January, 2008, wherein Kenya was represented by His Excellency, Mark Kahende, because at that time we had not been constituted and we had a number of problems, it was decided during that meeting that the then political crisis in Kenya should be discussed as a matter of urgency during the 15th ACP- April 17, 2008 PARLIAMENTARY DEBATES 533 EU(JPA) as an urgent Motion for resolution under the title \" The Situation in Kenya \". Subsequently, Kenya's post-election crisis featured prominently throughout the meetings in Slovenia. In the Motion debated and adopted by the Assembly, the Members agreed as follows: They hailed the maturity of the people of Kenya for embracing democracy as demonstrated by the peaceful elections conducted on the 27th of December, 2007. They observed that, whereas the Electoral Commission of Kenya (ECK), in general, managed the electoral process well, it did not demonstrate, at the counting stage of the presidential election results, impartiality, transparency, confidentiality, and above all, the autonomy necessary for organising credible elections. Mr. Deputy Speaker, Sir, the Assembly deplored the loss of innocent lives and the critical humanitarian situation brought about by the post-election violence. They called for all acts of violence to be urgently and thoroughly investigated through appropriate means and in a way that helps to restore the trust of the Kenyan people in democracy. They also called on the Government of Kenya to ensure that offences under the Electoral Offences Act are impartially and vigorously investigated and perpetrators made accountable for their actions. In this regard, the Assembly commended the creation of the Elections Inquiry Commission. They further called on the Kenyan authorities to ensure adequate protection and assistance to all displaced persons wherever they are, without ethnic discrimination and to meet their obligations regarding the social and economic rights of those displaced, for example, access to food, health and education services. The Assembly also commended the Party of National Unity (PNU) and the Orange Democratic Movement (ODM) leadership for embarking on a peaceful search for a solution to the political crisis arising and welcomed the National Accord between the Government and the ODM on power-sharing. Mr. Deputy Speaker, Sir, the Assembly hailed the efforts of the former United Nations (UN) Secretary-General, His Excellency Kofi Annan and the Group of Eminent Persons that is Mrs. Graca Machel and His Excellency Benjamin Mkapa in assisting Kenya to resolve the political dispute and appreciated the critical intervention of the African Union (AU) Chairman, His Excellency, Jakaya Kikwete, the President of the Republic of Tanzania. The Assembly also called upon the international community to render adequate assistance for the reconstruction of the affected areas in Kenya, including the urgent resettlement of the displaced persons with special focus on rural and slum habitations. Mr. Deputy Speaker, Sir, the Assembly further called on this House to, among other issues, create concrete measures to establish a truly impartial Electoral Commission which will be better able to conduct free and fair elections in the future. They recommended that this House must undertake the necessary judicial, constitutional and institutional reforms and to ensure that the requisite national law reviews address the pre-election, election and post-election periods to allow for credible and effective mechanisms for redress of election complaints. Mr. Deputy Speaker, Sir, the Assembly commended the Parliament of Kenya for adopting the legal and constitutional instruments necessary for operationalising the Accord and congratulated it for unanimously approving, on the 18th of March, 2008, the Constitution of Kenya (Amendment) Bill and the National Accord and Reconciliation Bill to give effect to the power- sharing agreement and approval that took place when the parliamentary session was going on in Slovenia. The Assembly further urged the Kenyan authorities to address the economic disparities between the rich and the poor in order to pave the way for a more balanced distribution of wealth in the country and urged them also to address the underlying issues such as land ownership that have undermined governance in the country. 534 PARLIAMENTARY DEBATES April 17, 2008 Mr. Deputy Speaker, Sir, the Joint Parliamentary Assembly (JPA) also urged all parties to live up to their responsibilities by engaging constructively and fully in the reconciliation process, working jointly, through dialogue, on all issues, including electoral, constitutional and gender- sensitive reforms and to agree on a sustainable and consensual political solution to the crisis. The Resolution of the JPA on the topic: \"Situation in Kenya\" is contained as Annex II of this Report. I urge hon. Members to pay great attention to the resolutions that were passed in the ACP-EU Parliamentary Group. Mr. Deputy Speaker, Sir, the ACP-EU Joint Parliamentary Assembly is an offspring of the Cotonou Agreement. Subsequently, amongst the most pertinent issues commonly and intensely discussed during the JPA meetings are matters of trade, economic partnership agreements and the European Development Fund Programme. Despite the fact that Kenya is a signatory to the Agreement and its subsequent trading instruments, it is common knowledge that, save for a few, who serve in the line Ministries, most Members of this House are not very conversant with these matters as they relate to our country. Why is this so? Mr. Deputy Speaker, Sir, one of the reasons is that, maybe, despite its important place in the structure and functioning of Kenya and contrary to the practice in most of the ACP-EU states, our National Assembly is sometimes overlooked in the processes of endorsing international treaties and agreements. This House has the duty to change this trend. This may involve passing legal instruments necessary to require that all international treaties and agreements need be based on endorsement by this House. Moreover, it is important that line Ministries work with the relevant House Committees on matters of international agreements and treaties. In this regard, we recommend that, as practicably as possible, representatives of the National Assembly in any international fora, should serve in relevant Departmental Committees. Mr. Deputy Speaker, Sir, the delegation conveyed congratulatory messages from Mr. Hans- Gert Pottering, the Speaker of the European Union (EU) Parliament, who saluted you on your election as the Speaker of the Tenth Parliament of Kenya and commended your impartiality as demonstrated in your Acceptance Speech. The delegation is also grateful to you for allowing us to attend the Session and for facilitating our travel and providing logistical and technical support in liaison with the Office of the Clerk. Mr. Deputy Speaker, Sir it is now my pleasant duty, on behalf of the delegation, to present and commend this Report for adoption by the House. Thank you, Mr. Deputy Speaker, Sir."
}