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The first and the third generations
portrayed several human rights that were violated in this incident, racial
discrimination by the kalenjins and luos towards the kikuyus. The act of
genocide due to mass killings that was experienced in parts of the Rift Valley
and through this they were denied the right to life. Torture of the kikuyus as
they were being killed by machetes, those that were burnt up in church and
those that were being forcefully driven out of their lands in the coast regions
and making them to end up as refugees in other countries like Uganda and
Tanzania. Right to a healthy environment where the kikuyus were not at peace because
their properties were taken from them and they lived in fear of being killed
and chased in some places when they were refugees.

 

INTERNATIONAL HUMAN RIGHTS TREATIES

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Regional level

In the African system the African
Union operates in it mandated to help the issues that rise in the region. It is
an inter-governmental system mandated to protect the human rights in Africa. In
this case the AU played a significant role basically in managing the electoral
conflict by introducing it amendments to the responsibility to protect. Kenya
is a member of the African Union charter on Human Peoples Right, and that’s why
it intervene for the negotiations of the war and providing a platform to which
Kenya could come to terms with it.

The International level

United Nations is the one
responsible to intervene in matters affecting security operations globally and
in this Kenya being a signatory to the UN Treaty, it portrayed its help in
trying to promote peace and security in the country. The UN Charter or the
Universal Declaration of Human Rights are suited for this job in this global
region. The treaty mostly at large influenced in this is the treaty of
International Convention of Civil Political Rights where the UN had to protect
the political and civil rights of the individuals by peace keeping missions and
negotiations because the war experienced in Kenya was not like the one in
Rwanda for them to use military intervention.

ISSUES OF IMPLEMENTATION

The issues that draw to the
intervention and implementation of these treaties were that the two candidates
that were involved were not coming into terms. When the AU chairperson John
Kufuor came to Kenya he had to listen to the issues they had, the president
elect at that time Mwai Kibaki was insisting that he wanted the opposition to
calm his people and help promote peace around the country and that he should
tell his people that they accept him as the president and their life goes on
and he could give him a position if he allowed his terms, on the other hand the
opposition was against that and he claimed that he was not the president and he
could not allow his presidency and he added that he should resign and people
elect their leader again and he was not ready for any negotiations with him if
he did not leave the seat.

The opposition insisted that the
elections were rigged and that they had won and the president elect insisted
that he had won too and that why he was sworn in, since the opposition was not
convinced and they were angry about this they continued protesting and causing
the massing killings, looting and land grabbing nationwide. The other party
insisted that it won and they wanted their recognition and peace to prevail and
the government to continue and if the protesters could not oblige to that they
would be persecuted.

OUTCOME

The AU used a third party way of
intervention in that the they used the form of good offices in which they tried
to stabilize the conflict from escalating, facilitating and moving towards
negotiations that could promote peace. The AU mission by President Kufuor was
based on how they could promote peace, security and national stability through
negotiations between Kibaki and Odinga to come to an agreement so as they could
work together as a government. In the long run he concluded that the two had
agreed that they could come to terms and end the violence and that they should
include the opposition party ODM in the government with an equal size of the
cabinet ministries.

President Kufuor then announced
that the mediation could later been carried out by the secretary general of the
UN Kofi Annan in which Kufuor being brought by the AU he was to act a way
through of providing a table for negotiations between the two parties that an
agreement can come up and the two Parties come to a concluded negotiation and
he showed that this was possible because his mission was a success.

Mr. Annan proved the value of an
agreement when he succeeded in preventing an escalation, he came to an negotiation
ground with the two parties and made a coalition government with them
where  Mr. Odinga had to be given the
prime minister seat and that this government had to be shared so as peace could
be concluded. He showed that jointly undertaking procedures by the UN and
regional organizations can be successful and without this the parties could not
have agreed to come to the table and come up with an agreement. R2p being
invoked it also shows that the international community cared and that the
rights of the people were being taken into action. 

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