CHUKA UNIVERSITY

ODEL
NAME: LODUNG’U SULATE
REG NO: CBS4/69103/23

MAY-AUGUST 2024

UNIT CODE : SOCI 111

SOCIETY AND INTERNATIOAL HUMANITARIAN LAW

CLASS ASSIGNMENT.

TASK :CRITICALLY ASSESS THE CURRENT SITUATION [UNREST] IN

KENYA IN RELATION TO SOCIETY AND INTERNATIONAL

HUMANIATRIAN LAW. [30 MARKS].

SOME AREAS TO RESPOND TO AND NOT LIMITED INCLUDE;

A. communication from the secretary general of the

united nations.

B. use of ihl emblems.

C. children involvement in the demonstrations.

D. role of parliamentarians in this situation. etc.
 A. COMMUNICATION FROM THE SECRETARY GENERAL OF THE UNITED
NATIONS

The reports of violence, loss of life, and displacement of civilians are deeply troubling. Such
acts are a grave violation of human rights and international humanitarian law.

The people of Kenya have a long history of resilience and peaceful coexistence. It is imperative
that all parties involved in the unrest exercise maximum restraint and engage in peaceful
dialogue to resolve their differences. Violence is never a solution and only serves to exacerbate
suffering and instability.

secretary general of the United Nations urges the Kenyan government to take all necessary
measures to protect civilians, including women, children, and the elderly. It is essential to
ensure that security forces act in accordance with international human rights standards and
principles of proportionality. Impunity for human rights abuses must not be tolerated.

The United Nations stands ready to support the Government of Kenya and the Kenyan people
in their efforts to restore peace and stability. We are committed to providing humanitarian
assistance to those affected by the violence and to supporting national reconciliation efforts.

united nation call upon all stakeholders, including political leaders, civil society organizations,
and the international community, to work together to address the root causes of the unrest and
to promote a peaceful and inclusive Kenya.

The United Nations remains steadfast in its support for the people of Kenya and their
aspirations for a better future.

Critical Assessment

This draft communication effectively conveys the UN Secretary-General’s deep concern over
the situation in Kenya. It highlights the key issues such as violence, human rights violations,
and the need for restraint and dialogue. The communication also emphasizes the UN’s
commitment to support Kenya in restoring peace and stability.

However, a more comprehensive assessment of the situation would require additional

information, such as:

• Specific details of the unrest: The communication could benefit from providing more
specific information about the nature and scale of the unrest, including the number of
casualties, displaced persons, and affected regions.
• Root causes of the unrest: Identifying the underlying causes of the unrest, such as
political, economic, or social factors, would help to inform potential solutions and
preventive measures.
• Humanitarian situation: A detailed assessment of the humanitarian needs of the
affected population is crucial for coordinating the international response and ensuring
that aid reaches those most in need.

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 • Call for accountability: The communication could be strengthened by explicitly
calling for accountability for those responsible for human rights violations and urging
the Kenyan government to investigate and prosecute perpetrators.
Diplomatic engagement: The Secretary-General could also outline the UN’s
diplomatic efforts to support peace negotiations and mediation between the conflicting
parties.

B. USE OF IHL EMBLEMS.

Understanding the Issue

The misuse of International Humanitarian Law (IHL) emblems in times of unrest is a severe
concern.

These emblems, such as the Red Cross, Red Crescent, and the Red Crystal, are specifically
protected under IHL to safeguard humanitarian personnel and assets. Their misuse can lead to
serious consequences, including the loss of lives, impeded humanitarian aid, and erosion of
public trust in humanitarian organizations.

Potential Issues in Kenya

Given the complex nature of the Kenyan situation, several potential issues regarding the use of
IHL emblems could arise:

1. Misuse by Armed Groups:

o Protection: Armed groups might use these emblems to shield themselves from
attack, putting humanitarian workers and civilians at risk.
o Impersonation: They could impersonate humanitarian workers to gain access
to restricted areas or carry out attacks.
2. Misuse by Civilians:
o Desperation: In the midst of unrest, civilians might inappropriately use IHL
emblems to seek protection or access resources. o Misunderstanding: Lack of
awareness about the meaning and purpose of these emblems could lead to their
misuse.
3. Challenges for Humanitarian Organizations:
o Access: Humanitarian organizations might face difficulties accessing affected
areas due to security concerns arising from the misuse of emblems.
o Credibility: The misuse of emblems can undermine the credibility and
neutrality of humanitarian organizations.
o Resource Allocation: Misuse can divert resources from genuine humanitarian
needs to security measures.

Impact on Society and IHL

The misuse of IHL emblems has far-reaching consequences:

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• Erosion of Public Trust: Misuse can erode public trust in humanitarian organizations,
hindering their ability to deliver aid effectively.
• Impeding Humanitarian Action: The misuse can create a dangerous environment for
humanitarian workers, leading to the suspension of life-saving activities.

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 Violations of IHL: The use of IHL emblems for purposes other than their intended use
constitutes a violation of IHL and undermines its protective function.

Recommendations

To address these challenges, several measures can be taken:

• Public Awareness Campaigns: Conduct extensive public awareness campaigns to

educate the population about the meaning and importance of IHL emblems.
• Strengthening Law Enforcement: Enhance law enforcement capabilities to prevent
and deter the misuse of emblems.
• International Cooperation: Foster international cooperation to address the global
issue of emblem misuse.
• Clear Guidelines: Develop clear guidelines for humanitarian organizations on how to
respond to incidents of emblem misuse.
• Protection of Humanitarian Workers: Strengthen measures to protect humanitarian
workers and assets from attacks.

By implementing these recommendations, it is possible to mitigate the risks associated with

the misuse of IHL emblems and ensure the effective delivery of humanitarian aid in Kenya.

C. CHILDREN INVOLVEMENT IN THE DEMONSTRATIONS

The Pervasive Impact of Children in Protests

The involvement of children in Kenya’s protests is a complex issue with far-reaching

consequences. While there is a lack of specific, quantifiable data on the exact number of
children participating or directly affected, the visible presence of minors in demonstrations is
undeniable. This phenomenon is a symptom of broader societal challenges and has significant
implications for the country's future.

Factors Driving Children's Participation

Several factors contribute to children's involvement in protests:

• Economic Hardship: Poverty, unemployment, and inequality can push families to the
brink, leading to children being exposed to protest environments.
• Peer Pressure: The influence of friends and older siblings can entice younger children
to participate.
• Lack of Parental Guidance: In some cases, absent or uninvolved parents may
contribute to children's vulnerability to exploitation.
• Political Manipulation: There is a risk that children might be manipulated or coerced
into participating for political gain.

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Implications for Society and IHL

The involvement of children in protests has profound implications for society and the
application of International Humanitarian Law (IHL):
Trauma and Psychological Impact: Exposure to violence, tear gas, and other
traumatic events can have long-lasting effects on children's mental health.
• Education Disruption: Protests often lead to school closures, disrupting children's
education and potentially leading to long-term academic consequences.
• Child Rights Violations: Children participating in protests are at risk of various human
rights violations, including the right to protection from harm, the right to education, and
the right to be heard.
• IHL Concerns: While protests are generally not covered by IHL, the potential for
violence and the involvement of security forces raises concerns about the application of
IHL principles, such as the protection of civilians, including children.

Recommendations

To address the issue of children's involvement in protests, a comprehensive approach is

necessary:

• Preventative Measures: Implement policies to address poverty, inequality, and

unemployment, which are underlying factors contributing to children's participation.
• Child Protection: Strengthen child protection systems to provide support and services
to children affected by protests.
• Education and Awareness: Conduct public awareness campaigns on the risks
associated with children's involvement in protests.
• Law Enforcement Training: Train law enforcement personnel on child-sensitive
policing and the protection of children's rights during protests.
• International Cooperation: Collaborate with international organizations to share best
practices and resources.

By adopting these measures, Kenya can work towards protecting the rights and well-being of
children while addressing the underlying causes of their involvement in protests.

C. ROLE OF PARLIAMENTARIANS IN THIS SITUATION. ETC.

Parliamentarians, as representatives of the people, hold a pivotal role in mitigating and

resolving societal unrest. Their actions, or inactions, can significantly impact the trajectory of
a nation. In the context of Kenya, the role of parliamentarians during periods of unrest is
particularly crucial.

Expected Roles of Parliamentarians

• Legislature: Crafting and enacting laws that promote peace, security, and human
rights.
• Oversight: Monitoring the executive’s actions to ensure adherence to the law and
accountability.

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 • Representation: Articulating the concerns and aspirations of constituents.
• Conflict Resolution: Mediating and negotiating between conflicting parties.
• Humanitarian Advocacy: Championing the rights and needs of vulnerable
populations.
Challenges Faced by Kenyan Parliamentarians

• Political Polarization: The increasing polarization of the political landscape can hinder
effective collaboration and compromise.
• Populist Pressures: The need to appeal to a populist base can lead to inflammatory
rhetoric and actions that exacerbate tensions.
• Security Threats: Insecurity can limit the ability of parliamentarians to access affected
areas and engage with constituents.
• Resource Constraints: Limited resources can hinder the capacity of parliament to
effectively respond to crises.

Case of Kenyan Unrest

In the context of Kenyan unrest, parliamentarians have often been caught between their
constitutional duties and the pressures of the political moment. Some have risen to the occasion,
acting as mediators and advocates for peace. Others have contributed to the escalation of
tensions through divisive rhetoric.

Potential Positive Impacts

• Effective Legislation: Enacting laws that address the root causes of unrest, such as
inequality, unemployment, and corruption.
• Oversight and Accountability: Holding the executive accountable for its actions,
including the use of force and respect for human rights.
• Conflict Resolution: Facilitating dialogue and negotiation between the government
and opposition to find common ground.
• Humanitarian Advocacy: Championing the needs of displaced persons, refugees, and
other vulnerable populations.

Potential Negative Impacts

• Fueling Division: Contributing to polarization through inflammatory rhetoric and

actions.
• Ignoring Constituents: Failing to represent the interests of their constituents,
especially those affected by the unrest.
• Obstructing Peace Efforts: Using parliamentary procedures to delay or block peace
initiatives.
• Compromising Integrity: Engaging in corrupt practices or abuse of power.

Conclusion

The role of parliamentarians in Kenya during periods of unrest is complex and multifaceted.
While they have the potential to be agents of positive change, their actions can also exacerbate
tensions. Effective leadership, coupled with a commitment to the public good, is essential for
parliamentarians to fulfill their role in building a peaceful and prosperous Kenya.
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