I’ve previously disagreed with that conclusion, based on a paper that @RichardBuggs cited; see my comments here.
I described the various comparisons between mutation rate and divergence to you here. We don’t really have to worry about the non-neutral mutations at this point, since the uncertainty in the mutation rate is much larger than the fraction of mutations that aren’t neutral. Note that in the discussion that’s been going on here, only the single-base substitution rate matters, and also that the bulk of the difference between the two genomes does lie in insertions and deletions (probably mostly in large segmental duplications).
What isn’t the gain of one or more regulatory motifs by mutation an adequate explanation? What is your explanation for orphan genes in humans? (Keeping in mind that they correspond to nearly identical sequence in the chimpanzee genome.)