Wako Draft Attacks the Family

[roughrider]

“Stronger Families for a Healthier Nation”

We, the Kenya Parents Caucus, are grateful that some of our points of concern in the Bomas Draft have been addressed in the new Draft Constitution. For example, Article 35 (2) states: “The life of a person begins at conception”. Also, Article 41 (2) clarifies: “It is the duty of parents, the family, society and the state to nurture, protect and educate children”. Parents and family have been included. Article 42 (3) states that “A person shall not marry another person of the same sex”.

AREAS OF CONCERN

I. ABORTION

Despite the above, we are alarmed that the New Draft Constitution legalizes abortion. While recognizing in Article 35 (2) that life begins at conception, Article 61 (1) of legalizes the termination of that life. It reads:

“Every person has the right to health, which includes the right to health care services, including reproductive health care”.

Reproductive health always includes abortion. According to the technical definition prepared for the Cairo Conference and derived from the World Health Organization (WHO), “reproductive health” entails access to methods of fertility regulation. “Fertility regulation” in turn is defined as “delaying childbearing, using contraception, seeking treatment for infertility, interrupting unwanted pregnancies and breastfeeding.

On the “Implementation of rights and freedoms”, Article 31 (2) says that “The state shall take legislative, policy and other measures to achieve the progressive realization of the rights guaranteed under Articles 60, 61 (1), 62, 63, 64, 65, 66, 67”. Please note the inclusion of Article 61 (1)!

On the “Enforcement of the Bill of Rights”, Article 32 (1) refers to “the right to complain to the Commission on Human Rights and Administrative Justice and to institute court proceedings alleging that a right in the Bill of Rights has been denied, violated, infringed or threatened”.


Applied to articles on abortion quoted above, this means that professionals such as doctors, nurses and others whose job involves handling pregnant women and girls would not be able to refuse carrying out abortions without going against the law.

Articles 35 (1) and Article 35 (3) are in consonance with Article 61 (1), as they give Parliament the power to legalize abortion by an Act of Parliament:

Article 35 (1) states: “Every person has the right to life except as may be prescribed in an Act of Parliament”

Article 35 (3) states: “Abortion is not permitted except as may be provided for by an Act of Parliament”

II. Breaking Bond between Parents and their

Children – Article 41

Basically, this Article gives children rights without responsibility and parents responsibility without rights. The Article draws heavily from the International Convention on the Rights of the Child. Kenyans should be wary not to fall into the disastrous ways many Western countries have fallen into, of undermining all parental authority by bringing the law into matters that intimately belong to parental care and guidance.

Particularly threatening to the family unit is Article 41 (8), which reads:

“The State shall take legislative and policy measures to implement the provisions of this Constitution of international instruments and standards on the rights of the child.

International instruments and standards on the right of the child include right to contraception and abortion with confidentiality (which means without parental knowledge or consent) for children. This not only goes against the right of parents to bring up and to educate their children in accordance with their cultural, spiritual and moral values; it also brings in the law against the parent who tries to protect their child against these immoral values.

Fortunately, Kenya has living examples in Western countries that have adopted the said instruments and standards. This has resulted in family breakups with high divorce rates, high levels of teenage pregnancies and abortions, contraceptives for children, etc.

CONCLUSION

As the New Draft states in Article 42 (1), “The family is the natural and fundamental unit of society and the basis of social order”. [/i]In our view, abortion and immoral upbringing of children proposed by the draft destroy this fundamental unit of society.

It is therefore impossible for a pro-family person to yes to this New Draft Constitution.

[kamalet]

This is interesting stuff as it is amazing coming from supposed family people!

On the matter of abortion, I do not agree with the suggestion by Bomas that this could only be allowed when the life of a mother is in danger. Personally, I think women should be given a choice, and my argument has been that it nor right to legislate on the female egg if we do not legislate on the male sperm.

But I digress.

I have a teenage daughter, and I am always haunted by the thought that the crime and rape rate may catch up with my daughter. Can you imagine if (GOD FORBID) she was raped and became pregnant out of that ordeal. But since we have passed some moralist law, not only does she have to live with the trauma of rape, she has to bring up and live with the offspring of that ordeal. This in my mind is insane!!

I think parliament should be allowed to legislate the conditions of when an abortion is permitted. No law should leave itself open to abuse.

But in arguing the case the KPC (!!) suggest that section 35(1) legalises abortion which cannot be true. The right to life in this respect refers to killing of the person unless allowed by law - and my understanding of this a death penalty for a criminal offence.

One of the problems we face is that we are going through this document with a fine tooth comb, which is what we should have done at Bomas. The moment we moved this process to the politicians, a lot of the inconsistencies we are talking about would not be there. So should we say no since we are unhappy with this or that section?

I say leave it to the individual conscience of the voter!

[aeichener]

Ah, the usual procedure. The pro-death and anti-women camp (masking as pro-family this time) rearing its ugly hydra-like head again, and baring its teeth.

Indeed, Kenya is almost unique in the world (and once again, her hypocrisy makes her a laughing stock abroad) in trying to force-inject anti-abortion provisions into a constitution, where they do not belong. That misfit of article 35 (2) should be deleted without replacement.

Same goes for 42 (3); a constitution is made to provide and to defend rights (and to ordain civic duties), but not to prohibit. Leave the question of same-sex unions and their character to a family law code. Otherwise, the whole 10 commandments could as well wiggle their way verbatim into this legal document (uh oh, now I have probably given them ideas...).

Alexander

[Onyango Oloo]

roughrider:

From what you have posted above, it would appear that the SO CALLED Kenya Parents Caucus is an anti-child, sexist outfit with Neanderthal ideas.

Rough rider, If you are not a member of the caucus, please pass along my comment to them.

Why do I say this?

Let us start with the dreaded "A" word itself.

As I have stated several times:

www.mambogani.com/forums/index.php?showtopic=2780

onyangooloo.blogspot.com/2004/06/speaking-with-my-three-sisters-about.html

www.mambogani.com/forums/index.php?showtopic=2786

onyangooloo.blogspot.com/2004/06/killer-short-story-inspired-by-15.html

Kenyan women should be accorded the FULL RANGE of reproductive rights up to and including the right to termination of pregnancy services. Moreover, I think that the Kenyan government via the Kenyan taxpayers(majority of whom are women) should FUND ABORTION clinics in each town of each district in each province of Kenya so that any woman who requres an abortion can simply walk in and have the procedure done without incurring any cost to her. Further than that, I think that ALL those men and women who oppose abortion using violent methods should be rounded up and charged with hate crimes. If possible, they should be lined up before a firing squad at the Nyayo Stadium and SHOT in broad daylight, with the event covered on live television as a deterrence to other misogynist bigots(just kidding).

I think that any Kenyan parent- be it a father or a mother who violently abuses a child- whether it is their biological issue, adopted daughter or son or a child to whom they act as a guardian- should be hauled before a duly constituted court of law and charged with committing assault. If these parents are not willing to enter a rehabilitation program, their children should be taken away from them.

What is this nonsense about "African values" in raising children as opposed to some alleged "Western values"? Over here in Canada on any given day there is a child abused by a parent and believe me this is not limited to any one race, colour or creed. What we have are HUMAN values and these should be applied uniformly regardless of whether we are Kenyans, Canadians, Americans, Pakistanis or Papua New Guineans. It is wrong to abuse a child in Yala, Siaya District as it is wrong to abuse a child in Houston, Texas. ALL CHILDREN have a RIGHT to live a life of dignity, respect and justice free of parental TERRORISM, bullying, molestation and as we know HOMICIDE.

Roughrider, tell those "parents" in the Kenya Parents Caucus to put up all their children up for adoption if they cannot guarantee their own kids access to the full range of human rights that they are allegedly seeking to see in a new democratic Kenyan constitution. Did I say they should be lined up and shot? Yes, I was kidding the first time and still I am joking this second time around.

Both drafts of the proposed Kenyan constitution- the Bomas and Wako Drafts- are incredibly backward and woman hating in their retrogressive inclusion of the mantra and motto of one of the world's most notorious terrorists groups- Operation Rescue- "Life Begins at Conception". Says who?

Let us have an open, full fledged debate about abortion, choice and reproductive rights with Kenyan women taking the lead in deciding what THEY want to do with their own bodies.

And, before I forget, gays, lesbians, bisexual and transgendered folk are people too-which means that they should be accorded their full human rights. The Kenya Parents Caucus probably has a certain percentage of closeted gays, lesbians and bisexual people in their own ranks so they should be careful before they rush to condemn people on the basis of sexual orientation. If I wanted to I could compile a list of well-known Kenyan homophobes who are on the down low- so please DO NOT TEMPT ME.

Onyango Oloo
Toronto

[roughrider]

I am sympathetic to the position articulated by the Kenya Parents Caucus. Let’s try to understand them even if we think they are old fashioned and Neanderthal. After all they are patriotic Kenyans who plan to carry out a civic duty on November 21st. And they are mostly anxious parents who want to protect their vulnerable kids from all the evil things that are happening today.

Take Mrs Otieno for instance - a good Christian lady whose priority is to ensure her teenage children grow up to become obedient, responsible, hardworking Kenyans. Who will argue with such noble ideals! God forbid that her one and only son should come home one day and say "mum, i think i am gay". That would kill the gracious lady…send her to an early and unscheduled rendezvous with the coroner… No grandchildren? Who would carry on the Otieno family name? it is painful to imagine.

Or that her three lovely daughters should suffer from dysfunctional families, abusive husbands, engage in multiple abortions at will or even worse that any should refuse to regard her as their mother and disown her and Mr. Otieno. Surely not mere 15 year olds!

Mr. Wanjala on the other hand has been increasingly alarmed by what he sees on TV. Take that so called situational comedy on KTN "Will and Grace" that features two gay men. What cheek! Its not funny at all! What are they trying to show us? They are teaching our children ugly manners. Whatever became of responsible wholesome family programs like ‘sanaa ya Kiswahili’ or ‘mke nyumbani’….Instead we have dirty programs like "Sex and the City". His Luhyia community does not accept abortion. Children are a blessing from God.

They are part of the KPC. They will say NO to the draft. They want to protect their families and preserve their societies.

I will ask the gracious ladies of the KPC who have been regalling us with incisive comments on the draft and its assault on the family if they do not mind their email addresses being shared. And of course as I send to them the emotional reactions of Kamale, Oloo and Alex ; I will be truthful and honest. These three have had long term exposure to the West and its ways.

I am of to read some reassuring verses from Okot p’bitek.

[aeichener]

As for assessing these decrepit goons in proper perspective, here is a news item dating back from 2003:

"A Roman Catholic group, the Kenya Parents Caucus, has demanded that Mr Achebe's book, A Man of the People, and two other texts in Kiswahili be removed from the school syllabus.
The group particularly objects to two sections of the book - including one in which a wealthy man boasts about his sexual prowess and displays a condom after taking a young girl to bed.
The Kenya Parents Caucus is urging the ministry of education to remove the texts from its syllabus."

Source: news.bbc.co.uk/2/hi/africa/3096946.stm

Alexander

[aeichener]

roughrider said:

Kamale, Oloo and Alex ; I will be truthful and honest. These three have had long term exposure to the West and its ways.

Hopefully, yes. ;D

But what is more important: both OO and I (though he in far deeper measure than I) have a much better knowledge about, understanding of, and sympathy for *real* African traditions, value and cultural heritage than these americanized hirelings; superficially holy-water-sprinkled demi-évolués in the worst colonial sense.

Actually, I am injust to the colonizers when IO use such an adjective; for the colonial churches throughout Africa were indeed better, both more humane and more godly institutions (once that one actually goes to the sources, and examines those impartially and amazedly) than their bigotted post-uhuru successors.

Alexander

[Onyango Oloo]

Oops, wrong fruits, meant to say apples and... incidently don't you find it hilarious and ridiculous that when Kenyan kids are first taught the alphabet they are told that A is for a fruit is not that common in our country?


Ati A is for Apple.

How about A is for Achieng or is A is for Amina or A is for Anampiu or A is for Aseka or A is for Adungosi or A is for Akamba or A is for Abdi or A is for Angwenyi...

But as usual, I digress.

Kids DO NOT grow up to be


"gay" after watching 34 episodes of



Will and Grace

Nor do they necessarily become


serial killers after watching




Pokemon.


How many of those wanasiasa busted on Koinange Street watched


Sex and the City

Before inviting those changudoas into their

Pajeros?

"Family Values" are two code words that are often used to disguise right wing ideas by people who would want to IMPOSE their often parochial parenting ideas on other parents who may not share their notions about raising children.

My own mother was a Born Again Christian who let all her children find their own paths in life- while providing us with a good moral foundation about right and wrong, good and bad. Some of her children followed her nyayos and became "Saved" like her, while some of them, like the one who is writing these lines, grew up to become a Communist- who still believes it is wrong to mug people, kill innocent people, covet my neighbour's ass, and all those other shared moral and ethical concerns that permeate all communities regardless of spiritual calling.

Kenya is a diverse country with many types of families- two parent, single parent, AIDS orphan-headed, foster, adoptive, extended a mix of the above- with a variety of approaches to things like positive discipline, cultural centering and moral sensitization. One should point out that many of the best mothers and fathers in Kenyan society are or could be men and women who are attracted to members of the same sex- and may even be maintaining these same sex liaisons on the side.

What I am trying to say in very simple terms that there is really no one group of parents in Kenya which has a template or a blueprint on how to raise kids.

Remember there is a whole generation of Kenyan parents who have grown up outside Kenya, just as there is a whole generation of Kenyan kids who were NOT born and raised in Kenya. We all have ideas to contribute around parenting. Certainly I do NOT think that MY ideas about parenting should be IMPOSED on other parents who may see things differently.

Onyango Oloo
Toronto

[aeichener]

admin said:

"Family Values" are two code words that are often used to disguise right wing ideas by people who

Let me remind all of the old rebuttal to this phrase; which is still the briefest and the best:

"*Hate* is not a family value."

Alexander

[kamalet]

My son came home from school one day, with a smirk upon his face. He decided he was smart enough, to put me in my place.

Guess what I learned in Civics Two, that's taught by Mr. Wright? It's all about the laws today, “The Children's Bill of Rights."

It says I need not clean my room, don't have to cut my hair. No one can tell me what to think, or speak, or what to wear. I have freedom from religion, and regardless what you say, I don't have to bow my head, and I sure don't have to pray.

I can wear earrings if I want, and pierce my tongue & nose. I can read & watch just what I like, get tattoos from head to toe. And if you ever spank me, I'll charge you with a crime. I'll back up all my charges, with the marks on my behind. Don't you ever touch me, my body's only for my use, not for your hugs and kisses, that's just more child abuse.

Don't preach about your morals, like your Mama did to you. That's nothing more than mind control, And it's illegal too! Mom, I have these children's rights so you can't influence me, Or I'll call Children's Services Division, better known as C.S.D.

Of course my first instinct was to toss him out the door. But the chance to teach him a lesson made me think a little more.

I mulled it over carefully, I couldn't let this go. A smile crept upon my face, he's messing with a pro.

Next day I took him shopping at the local Goodwill Store. I told him, "Pick out all you want, there's shirts & pants galore.

I've called and checked with C.S.D. who said they didn't care if I bought you K-Mart shoes instead of those Nike Airs. I've cancelled that appointment to take your driver's test. The C.S.D. is unconcerned so I'll decide what's best.

I said "No time to stop and eat, or pick up stuff to munch. And tomorrow you can start to learn
to make your own sack lunch. Just save the raging appetite and wait till dinner time. We're having liver and onions, a favourite dish of mine.

He asked "Can I please rent a movie, to watch on my VCR? ”Sorry, but I sold your TV, for new tyres on my car” I responded.

I also rented out your room; you'll take the couch instead. The C.S.D. requires just a roof over your head. Your clothing won't be trendy now; I'll choose what we eat. That allowance that you used to get, will buy me something neat.

I'm selling off your Jet Ski, dirt-bike & roller blades.

Check out the "Parents Bill of Rights,"

It's in effect today!

Hey hot shot, are you crying, why are you on your knees? Are you asking God to help you out, instead of C.S.D.?

[roughrider]

aeichener said:

The group particularly objects to two sections of the book - including one in which a wealthy man boasts about his sexual prowess and displays a condom after taking a young girl to bed.
Alexander

Gross! I see where those parents are coming from.

[roughrider]

admin said:

What I am trying to say in very simple terms that there is really no one group of parents in Kenya which has a template or a blueprint on how to raise kids.

Remember there is a whole generation of Kenyan parents who have grown up outside Kenya, just as there is a whole generation of Kenyan kids who were NOT born and raised in Kenya. We all have ideas to contribute around parenting. Certainly I do NOT think that MY ideas about parenting should be IMPOSED on other parents who may see things differently.

There are some universal principles that go even beyond humans into the wider animal kingdom. Parents have a duty to protect their children and nurture them. To teach them skills and behaviour that are acceptable for them to survive in their societies. This is as true in Toronto as it is in Nairobi. Its true for the weaver bird and the lion as well. I call it natural law.

You are mixing Phenotypes and Genotypes, Oloo..

You are two things Oloo, your genes and your environment. If you know the first thing about what makes a person you will realize why what you see, hear, and eat influence what you become.

It is an outright lie to claim that watching certain programs cannot influence a child’s growth. Please do a quick search – you’ll find lots of respectable research on this area. In fact even parents who place toddlers in front of TV’s should be forewarned… try googling ‘toddlers and TV” and you’ll see what I mean.

Everyday I see young Kenyans dressed like Usher or Ludacris or Beyonce Knowles. Guess what, its TV again, because few of these have gone beyond the borders or even met those 'stars'.

A very wise man once said ‘I think therefore I am’ clearly nowadays it should be ‘I watch, therefore I am’