So...4 August 2010 is Referendum Day in Kenya. Kenyans, after waiting for countless years through political upheavals, will get to vote whether to accept or decline the new constitution. Its been a very long process indeed. I can't imagine writing a new constitution. The American Constitution hasn't been touched (save for an amendment here or there) since it was first constructed which is amazing. The idea that we would take the document, "revise it", vote on it, and enact it is absolutely foreign. Although I think at times - not for the best. Can a document created over 200 years ago remain entirely relevant?
They say that South Africa has the most "socially evolved" policies in that it protects everyone - even gays - from discrimination, etc. Equal rights for EVERYONE regardless of their gender or sexuality is guaranteed...imagine.
Kenya's new constitution doesn't offer the same protection. There was hope last year while it was being drafted that rights for all (including gays) would be included - not so. The church in Kenya remains all too powerful (think Vatican without the big building or Pope)... The church controls a lot of the political will and pastors and other religious leaders have been very busy telling their congregations how to vote which seems monstrous. There have been confirmed reports of some church leaders denying church members communion unless they showed their voter registration card and/or confirmed that they would vote per the church's advice. Even more repugnant is the work of multiple faith-based NGO's in America who have channeled millions of dollars into Kenya leading to the vote to vote NO! They want a No! vote because the new constitution, while proclaiming that life begins at conception (the most conservative language in any constitution in the world in that it declares when life begins) allows for the possibility of abortion should the mother's life be in danger - a doctor's confirmation of the risk is required. Forget how you feel about abortion - that's a fairly tiresome debate. Imagine if you will America preparing to vote on a new constitution and the Chinese subverting the vote because they disagreed with one or two passages...or the Saudis...pick your poison.
People are nervous throughout Kenya that violence will erupt after the voting results are declared. Great political power is at stake. Retired former President Moi (a dictator by all counts who had torture chambers used regularly) and Minister for Higher Education William Ruto (a very dangerous politician) have spent countless days and funds traveling from one end of the country to the other telling people that the new constitution will mean that people lose their land. LAND IS POWER. In Kenya, like most of Africa, how much land you own equals how powerful you are... So when you tell Kenyans (65% of whom are illiterate) that the new constitution has clauses to "reclaim" ancestral and/or tribal lands, you get a bunch of people upset and ready to vote No and ready to get violent if they need to... The constitution by the way doesn't take land away - so long as you have a legal title/right to it. It does not allow squatters or "land grabbers" to keep illegally obtained land.
I hope that Kenya can refrain from violence. The day has been declared a national holiday to ensure that all registered voters get a chance to cast their vote. I'm staying home on Referendum Day. I've bought some extra groceries, some new movies, and plan to hang out at home to relax. I'm praying for Kenya...praying that this vote will begin a new era in Kenyan law and that some equality and integrity will be brought into a very corrupt political and legal framework.
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