Kenya on Friday said it was seeking some balance in addressing the crisis in Ethiopia’s Tigray region where authorities have recently announced the expulsion of senior UN staff amid rising starvation.

As it began its month-long presidency of the UN Security Council, Nairobi said the Council’s members were still divided on what sort of statement to put out, in the wake of Ethiopia’s decision on Thursday to order seven UN staff to leave the country for ‘meddling.’

Dr Martin Kimani, Kenya’s Permanent Representative to the UN told a virtual press conference on Friday night that it will continue to push for consensus on Ethiopia even as it cautioned against unilateral decisions on the Horn of African country.

“I think we are some distance away from a text that has enough consensus to go to silence,” Dr Kimani explained of the Council’s bid to include Ethiopia and North Korea on its agenda of the month under ‘Any Other Business.’

‘Silence’, within the UN culture is a way of having member states allowed time to deliberate on draft texts of the Council and be considered to have “adopted” those documents if those members do not raise objections, usually in 72 hours.

“There was no outcome, press elements, statements, from Any Other Business,” the Kenyan diplomat said of Ethiopia and North Korea, which has recently launched a series of test missiles.

“We are happy to consider text that is balanced and focused on those issues but one of the most important things we said, particularly on the AOB on Ethiopia is how important it is for the safety and security of humanitarian work to be safeguarded and also the importance for us to depoliticise humanitarian space especially in situations that are highly charged in a political sense.”

On Thursday, Ethiopia’s Prime Minister Abiy Ahmed’s administration twisted the knife on the humanitarian crisis by expelling key UN officials charged with coordinating aid to the displaced. It was immediately opposed by the UN and the US government.

Ethiopia’s Foreign Affairs Ministry Spokesman Dina Mufti issued a statement indicating the seven officials were “meddling in the internal affairs of the country.”

Seven officials

Mr Mufti said the seven officials “must leave the country within the next 72 hours,” without elaborating how the officials overstepped the borders. The axe fell on top UN chiefs in the country who had been involved in delivery of relief to those displaced in Tigray.

They included Mr Adele Khodr, the UNCEF country Representative for Ethiopia, Mr Sonny Onyegbula, the Monitoring, Reporting and Advocacy Team Leader for the UN Office of High Commissioner for Human Rights and Mr Kwesi Sansculotte, the Peace and Development Advisor for the UN Office for the Coordination of Humanitarian Affairs (UNOCHA).

Others were Mr Saeed Mohamoud Hersi who has been serving as Deputy Head of Ethiopia Office for UNOCHA, Grant Leaity, the Deputy Humanitarian Coordinator for UNOCHA in Ethiopia, Mrs Ghada Eltahir Mudawi, Acting Deputy Humanitarian Coordinator for UNOCHA and Mrs Marcy Vigoda, a coordinator for humanitarian affairs.

A declaration of persona non grata means that the cited officials will no longer enjoy diplomatic protection and their work or stay in the country will become illegal after Sunday. On Friday, Farhan Haq, the Spokesperson of the UN Secretary General Antonio Guterres said the UN had rejected the declaration by Ethiopia, arguing it did not apply on UN staff.

Diplomatic agents

“This is a doctrine that applies to diplomatic agents accredited by one state to another state,” he said earlier on Friday, indicating the UN had presented a note to the Council on the same.

“The application of this doctrine to UN officials is contrary to obligations under charter of the UN and the privileges and immunities accorded to UN and its officials.” Actually, countries have recently ejected UN officials deemed to be nosy. Burundi and Somalia, for example, rejected representatives of the UN on their soil, forcing the Secretary-General to replace them.

While diplomats accredited from other states are guarded under the Vienna Conventions of 1963 and 1966, UN staffers earn their immunity under the UN Charter. Those immunities can be waived by the Secretary-General.

On Friday, Kenya said there had been some strong concerns raised by some members of the Council on Ethiopia’s decision, but said there will be more negotiations on a common stance by the Council.

“Kenyan government and our delegations are certainly not considering the questions just about (accusations of Ethiopia becoming) pariah state or what the response of the Ethiopian government is. We are considering all the statements… and we are continuing to be actively informed and trying to be responsive to the situation,” Kimani said.

Ethiopia’s decision came as US President Joe Biden’s two-week ultimatum to lay arms and choose dialogue neared an end, signalling imminent targeted sanctions on violators. When he announced an executive order ten days ago, Biden said those perpetrating violence or impeding humanitarian access will be sanctioned.

Humanitarian assistance

“The Ethiopian government’s actions, including the destruction of critical access routes as famine takes hold, are hampering efforts to keep civilians safe and deliver humanitarian assistance. Humanitarians must be given unhindered access to provide lifesaving aid to all in need,” said Linda Thomas-Greenfield, the US Ambassador to the UN.

“The Ethiopian government’s plan to expel UN leadership, including from Unicef and UNOCHA is an affront to humanitarian principles. This act of intimidation jeopardises lifesaving aid for all Ethiopians and must be reversed.”

Kenya began its first day of the UN Security Council presidency, a rotational post for the 15 members, with the adoption of its October Programme of Work. Members agreed with Kenya’s proposal to focus on regional peace and security, counterterrorism, peace support operations, climate change and women’s participation. There are a series of sessions scheduled to discuss a variety of issues ranging from arms smuggling to identity questions and the role of the African Union and sub-regional organisations as the first safety valves in addressing emerging crises.

At a briefing on Friday night, Kenya’s Foreign Affairs Cabinet Secretary Raychelle Omamo said Kenya was advocating for “strong partnerships” with members of the Security Council and the African Union to help address those crises.

“In championing peace and security for all, we will strive to cultivate a climate of transparency and consultation

“We will respect the sovereignty of states, but we will not remain indifferent to human suffering and flagrant violations of international law,” she told the virtual press briefing.

Kenya says it wants to “change the trajectory of the conversation around illicit small arms and how they have fuelled conflict in areas like the Horn of Africa and the Sahel. It intends to seek a ‘presidential statement’ on the issue, some sort of a joint statement by Council members.

Active conflicts like the situations in the Democratic Republic of Congo, Central Africa, Haiti, Yemen, Syria and Somalia will be discussed too.