Ukraine: Statement on the Maintenance of International Peace and Security

Thank you, Mr. President,

I thank Ms. Alice Nderitu, Special Adviser on the Prevention of Genocide, for her briefing and the work she is doing on the important agenda of addressing hate speech.

I also thank the [two civil society briefers] for their briefings.

We stand in solidarity with the people of Ukraine who are suffering the failure of the Security Council to carry out its mandate.

We welcome the focus on the extensive hate speech and incitement that is linked to the many atrocity crimes in Ukraine.

It is clear that organised state and non-state actors are aggressively utilising hatred and incitement to manage perceptions about the war.

Even accusations about human rights violations and war crimes have been weaponised as part of the information war.

The people of Ukraine, the victims and survivors, deserve better.

Mr President,

The surprise expressed in so many European forums that such a catastrophe is happening in Europe signals a historical blindness that has helped escalate the risks that turned into this war.

Europe, probably more than most regions, has suffered multiple genocides, hundreds of years of repeated pogroms against minorities, and large-scale atrocities on an ethnic, religious and racial basis.

There is little doubt from the historical record that hate speech and incitement are a precursor and catalyst for atrocities against civilians.

Kenya has learned from its own history, and Europe's dire experience. We have therefore acted to limit the threat to our democracy and security from hate speech and incitement.

Our constitution limits the right to freedom of expression. It does not extend the right to propaganda for war; incitement to violence; hate speech; or advocacy of hatred that constitutes ethnic incitement, vilification of others or incitement to cause harm.

On this constitutional basis we have enacted laws against Hate Speech. And we have established the National Cohesion and Integration Commission to continuously carry out the work of strengthening our cohesion and challenging division and civic hate.

Just under a week ago, the Commission launched its National Action Plan Against Hate Speech. The timing was to ensure that our upcoming elections in August are not marred by this dangerous crime.

Kenya's Lady Chief Justice Martha Koome has responded to the moment by gazetting five courts to deal with hate speech prosecutions.

We provide these examples of action to emphasise our conviction that practical and bold action is necessary. Not just in Kenya but worldwide.

At a time when conflicts sparked and intensified along the lines of identity are leading to protracted and deadly wars, we must act to inclusively manage diversity as a core state competence and priority.

At the top of such an agenda is combatting hate speech and incitement.

This has been a consistent message by our delegation during our term in the Council. It was reflected in the high-level session on Diversity, State Building and the Search for Peace chaired by His Excellency President Uhuru Kenyatta in October 2021.

Returning to the urgency of Ukraine.

We strongly urge all leaders in the warring countries, and their allies and supporters, to cease using derogatory concepts about the people of Ukraine or any other peoples.

They should ensure that their media outlets are held to a standard that demands accountability for hate speech and incitement.

The leaders should also impress on their military and security personnel, particularly in the field, that they must not target civilians. And that they must maintain consistent discipline against soldiers who abuse the human rights of civilians and captured personnel.

We also urge all mainstream media and social media outlets to remain vigilant in their due diligence, verification, and dissemination processes to prevent misuse of their platforms.

It is important that efforts are pursued to contain the proliferation of provocations, misinformation, and incitement.

In this regard, Kenya calls for the UN to undertake a thorough investigation into the human rights violations underway in Ukraine.

It should pay special attention to the misuse of accusations of genocide. These only weaken global resolve to prevent the occurrence of this greatest of crimes.

We reiterate our call for collaboration on Ukraine and globally, between Member States, the UN and major social media companies, to combat hate speech and incitement.

We should develop a global code of conduct for companies and early warning tools to detect escalation and facilitate pre-emptive measures.

These should be located within a global internet governance framework that addresses organised misinformation and disinformation.

Mr President — History has taught us that accountability for past crimes constitutes a critical element of prevention of future acts.

Serious allegations by all parties should be treated with the seriousness they deserve by this Council and the relevant UN bodies.

The conflicting parties should agree and facilitate prompt, independent, and impartial investigations of all allegations.

To conclude, I reaffirm Kenya's solidarity with the people of Ukraine and our support for the sovereignty, territorial integrity, and political independence of Ukraine.

I thank you.