Welcome to the Online forum of Africa Delegates to the ESCR-Net global assembly. The establishment of this platform is one of the goals we set out during last years conference. As expected, this facility should allow for improved networking on past, current and future ESCR initiatives in Africa. We have classified our areas of focuss around the Thematic Working Groups of ESCR-Net. Please feel free to create new topics in each of the areas. We will limit participation to registered delegates and invited members only for the time being.
I have seen a couple of guest visitors who decided not to register. Please encourage as many people as you can reach in Africa to be a part of this very noble idea. May I suggest that we should initiate plans towards holding our first chat based online conference.
__________________
"A journey of a thousand miles begings with a single step"
Now that we have this online chat plat form let us all actively start to share information on our activities, experiences and engage each other on our areas of interest.
I note that we are hardly using the space we had so called for. I appreciate we are all busy but it would really help if we can get involved in the respective thematic areas of our interest. Let us not be seen as persons who are simply waiting for the next conference. Let us show the vigor and involvement that was there during the conference. Let us share, debate and discuss topical issues.
That is very harsh, anyway i understand the frustration and am one of those who did the first postings and disapeared am back and will spare some time to discuss a couple of issues. The only things is i hope it will be constructive.
__________________
Programme Associate
Resource Conflict Institute
+254 51 22 11 046
the constitutional debate is once again back in kenya. Looking at the harmonized draft and indeed the previous drafts escr have been very well covered. Even as we disagree on the other areas of the Draft, it is vital that a sense of history informs our verdict. As it is, we are stuck with an archaic constitution whose only purpose is to sustain a status quo that has reduced citizens to mere objects. Constitution-making is not an absolute and precise science where we talk of percentages, rather it is a process that is always informed by a clear understanding of where we are coming from, where we are, where we want to go and what initial steps we need to take to reach where we want to go. It is therefore very depressing to hear and see those who have always stood on the way of reforms telling us that we should reject the draft because they disagree with oen section or the other. The critical question we should all be asking is: where will we be if we reject the Draft? the answer is clear: we shall continue with our old constitutio where the Presdint cnan giev land to his mistresses and whoever else he takes a fancy to and there is very little we can do about it. That is what these reform masquaraders want to do; remain we are. Time has come when we must see through their not too clever tricks. Time has come to call off the bluff about a constitution being 95 % ok and 5 % imperfect! Time has come that we must vote in a new constitution and address teh new challenges and stop being caught in a time warp.
the latest version of the harmonized constitution (kenya) by the Committee of Experts has reversed the retrogressive changes that the Parliamentary Select Committee had introduced. The relevant sections provide:
43. (1) Every person has the right— (a) to the highest attainable standard of health, which includes the right to health care services, including reproductive health care; (b) to accessible and adequate housing, and to reasonable standards of sanitation; (c) to be free from hunger, and to have adequate food of acceptable quality; (d) to clean and safe water in adequate quantities; (e) to social security; and (f) to education. (2) A person shall not be denied emergency medical treatment. (3) The State shall provide appropriate social security to persons who are unable to support themselves and their dependants
20(5) In applying any right under Article 43, if the State claims that it does not have the resources to implement the right, a court, tribunal or other authority shall be guided by the following principles–– (a) it is the responsibility of the State to show that the resources are not available;
(b) in allocating resources, the State shall give priority to ensuring the widest possible enjoyment of the right or fundamental freedom having regard to prevailing circumstances, including the vulnerability of particular groups or individuals; and (c) the court, tribunal or other authority may not interfere with a decision by a State organ concerning the allocation of available resources, solely on the basis that it would have reached a different conclusion.
Implementation of rights and fundamental freedoms
21. (1) It is a fundamental duty of the State and every State organ to observe, respect, protect, promote and fulfill the rights and fundamental freedoms in the Bill of Rights.
(2) The State shall take legislative, policy and other measures, including the setting of standards, to achieve the progressive realization of the rights guaranteed under Article 43.
(3) All State organs and all public officers have the duty to address the needs of vulnerable groups within society, including women, older members of society, persons with disabilities, children, youth, members of minority or marginalized communities, and members of particular ethnic, religious or cultural communities.
(4) The State shall enact and implement legislation to fulfill its international obligations in respect of human rights and fundamental freedoms.
It is hoped that the baoev provisions will not be changed and we ask all friends of Kenya to help in monitoring the progress of the review process so that at least teh country can get a framework within which to more effectively promote economic, social and cultural rights.
The promulgamation of the new constitution has been hailed by many Kenyans and for good reason. The constitution constitution contains some very progressive provisions especially with regard to human rights. Although implementation is proving to be very tricky, in the Kenyan case the situation is compounded by the fact that power is still largely in the hands of those who have immensely benefitted from the previous system. This was recently illustrated by the response by the City Council Clerk to a petition by informal residents over the increasing cases of evictions in Nairobi. In his response the Clerk was more concerned about the protection of private property than the dignity of the poor slum dwellers. This is a clear illustration that human rights advocates will have to redouble their efforts to ensure that the Constitution is fully implemented to protect the interests especially of the most vulnerable. It is though encouraging that a number of public interest litigation have started around the right to adequate housing and even though the judiciary remains largely unchanged, it is hoped that some good jurisprudence will begin to emerge. Watch this space>
