Commentary (by Linda Ochiel) - Sovereignty protests not helpful in fixing crisis

Ref: http://www.eastandard.net/news/?id=1143982532&cid=15
Published on February 29, 2008, 12:00 am

By Linda Ochiel

Wise people say there are certain moral limits no one can cross without forfeiting one’s honour and human dignity. Just listening to call-in sessions on FM radio stations across the country will tell you that Kenyans have reached that limit.

People are desperate to have the crisis caused by the December 27 electoral travesty resolved. It is worrying that politicians seem insensitive to the security situation and, more specifically, the plight of Kenyans being terrorised by militia and criminal groups. Massive human rights violations are taking place in contravention of the Constitution and the Government's obligation to protect the right to life, guarantee security of persons and safeguard private property.

Do the negotiators participating in the Annan-led talks have children? Do they have wives, mothers, sisters and brothers? Have their tender children ever slept in the cold even for one night or gone without one meal? Do they understand the pain of losing one’s home, family and entire livelihood? Or have we sunk so low as to be impervious to our fellow Kenyans’ suffering?

Politicians should desist from making statements that trespass on the dialogue and reconciliation agenda and undermine the prospects of successful mediation of the post-election crisis. Hypocritical and snide pronouncements about Kenya’s sovereignty and the patriotism of notorious political characters is fast losing colour.

Our leaders continue to restrict themselves to cheap and uncalled-for criticisms and rhetoric evocative of pre-teen years, casting doubt on their ability to offer credible and moral leadership. One would have to be extremely insensitive to the mood and psyche of the nation to continue whining about international partners interfering with Kenya’s sovereignty.

For the record, communities are arming themselves, preparing for conflict. They say, they have lost confidence in the Government’s ability to protect them should mediation efforts fail. The international media says the well-intentioned Dr Kofi Annan is fast getting worn out by the back and forthing between Party of National Unity (PNU) and the Orange Democratic Movement (ODM) representatives.

Kenyans want the Government and ODM to drop hardline stances and give peace a chance. We want the Government to prioritise the security of its citizens and their property as its key factor in defining itself as a functioning State, as the absence of security as we have seen in the recent past connotes anarchy.

However much we would like to bury our heads in the sand, the economy is headed for the dogs, Kenya’s image as island of stability in Africa is long gone, investors have fled, and looting and arson have destroyed countless farms in the Rift Valley, one of the country’s most productive regions. As we speak, we are teetering on the brink of food insecurity. Children are out of school and the entire nation is traumatised.

How do we intend to correct this if we lack the political will to address the impasse that brought us to where we are now? ‘Wanjiku’ has prayed, fasted and done all that is within her power to cope with the situation. Newspapers, TV and FM stations have outdone themselves pleading with politicians to heed the voice of reason. Why are our politicians hearts so hardened amidst the fears and despair of 30 million people?

Handle talks seriously

The only way the Government can garner the political will needed to halt the escalating insecurity and claim legitimacy is through the mediation process. Now, more than ever, it is imperative that both parties seek a compromise for sake of the nation.

Dialogue on the crisis should be handled with the seriousness it deserves. When insecurity is on rampage, the poor, women and children are most at risk. Provision of security is a fundamental human right issue and its realisation is necessary for the enjoyment of practically every other right in the country. Politicians must be aware of the likelihood that if this impasse is not resolved soon, there will be no electorates to represent in Parliament, and no country to rebuild.

I recall with dismay a recent statement by the Minister for Finance, Mr Amos Kimunya, giving the economy a clean bill of health when mainstream media reporting seems to contradict this.

Rumours doing the rounds about politicians funding vigilante and tribal militia groups, and SMS threats to journalists and human rights defenders are wearing the country down. It is very difficult to focus on productive engagements with threats being made every time you comment on an issue.

Why is the State unable to rein in militia groups causing havoc across the country? It is not enough to arrest the lowly gang members. The Government must aim for the planners and financiers of these militia criminal gangs across the board. This is the only way to restore confidence in its ability to arrest the precarious security situation.

History bears witness that characters like Josef Stalin intentionally used terror as a weapon by starving, imprisoning and deporting social and ethnic groups in order to control them and the rest of society by fear. Similarly, the intentional use of terror by militia groups as a means and strategy to instill fear in the society and control political dissent clearly deserves the label terrorism. The Government should thus move fast to curb activities of these terrorist groups taking an advantage of the post-election crisis to settle their scores.

The crisis presents us with an opportunity to address historical injustices and push for the long overdue electoral and constitutional reforms. Instead of macabre dances around issue of sovereignty, politicians should be pushing for comprehensive constitutional reform through a constitutional amendment. They should give priority to electoral reform, transitional government arrangements, top-level public service reforms, judicial reform and police reform.

Finally, the international community should ensure they are held accountable to the people and to the principles of truth with justice.

-The writer is the Principal Human Rights Officer, Kenya National Commission on Human Rights