Showing posts with label constitution. Show all posts
Showing posts with label constitution. Show all posts

Monday, August 9, 2010

Together in Spirit

I returned back to America yesterday afternoon. Patrick and I landed at JFK International Airport in NYC and parted ways. It felt strange being separate, and newly independent for the first time in ten weeks, as he walked away. I couldn't have asked for a better partner-in-service than him this summer. He caught a connecting flight to St. Louis and I am staying in the NYC for a few days to spend time with friends before flying home to Florida. It feels good to be back in the U.S., but I'm already missing Kenya incredibly much.

On the night before we departed, we exchanged gifts with Welliminah and family. After ten weeks of amazingly generous hospitality, Patrick and I were surprised to receive a gift from them as well. We were each given our very own beautiful African kikoi shirt and konga fabric to give to our mothers. They were moving gifts - whenever I wear the shirt I will think of my Kenyan family, their beautiful country, and their warm hearts.

The next morning we were up early to depart. I was proudly wearing my new kikoi shirt. Susan arrived with Okwemba to take us to the airport. In almost perfect symmetry, we ended our stay at Welliminah's house the same as we started - by bowing our heads in prayer. Welliminah said a touching prayer thanking us for our time together and wishing us safe travels until we return to Kenya in the future. I'll never forget what she said: "Our bodies are parting ways, but our spirits remain together." Sitting here in New York, I couldn't agree more, because I can still feel it. On the return flight across the Atlantic, I kept thinking back to our final goodbye in Welliminah's front yard, and I couldn't stop thinking to myself, "Why am I leaving Kenya?". That's how comfortable and natural and alive I felt there. I'm already anticipating the day that our bodies and spirits are reunited once again.

As bittersweet as it was being driven away from Es'saba village in Okwemba's car that morning, there was a large feeling of accomplishment as well. As I took one last look at the beautiful scenery surrounding Kisumu with a clear, sunny, blue sky all around, I knew that we were leaving Kenya better than we found it. And not nearly just because of the success of our projects, although I have great pride in what we accomplished. We were flying away from a new Kenya - a young democracy with a bright future ahead of it, with a new Constitution in tow. The country overwhelmingly passed the new constitution on August 4th, and did so peacefully. As Okwemba, the driver whose interest in politics I profiled in an earlier post, delivered us to the airport, he remarked, "You see, this country now is peaceful and happy because the people have been heard."

Their peace is my own. Their happiness is my own. I will continue to watch Kenya and stay in touch with my family there with much interest in their growth and progress. In the coming months, I will watch as 30 Kenyan students work with 15 American students to promote solutions to the global water crisis. And until the next time I return to Kenya, I will keep their spirit, and my own, alive deep inside my heart.

Myself, Ann, Divo, Welliminah, and Esther the day before I left

Wednesday, August 4, 2010

Referendum Day

Today's the big day! August 4, 2010 could go down as an historic day in the development of Kenyan democracy. It's constitutional referendum day, with millions of Kenyans heading to the polls to cast a simple vote - Yes or No - on a new Proposed Constitution of Kenya. Here's a run-down of information on the referendum for anyone who is interested...

1. The text of the proposed constitution can be found here, or if you want the Cliff Notes version, you can scan the Wikipedia entry for it.

2. It would be SHOCKING if 'Yes' doesn't win. The polls over the past two months have been showing steadily increasing support for the proposed constitution. I think the most recent one I saw had something like 70% in favor, 20% against, 10% undecided. Which means that if somehow 'No' is announced as the outcome, you would be a fool not to conclude corruption is at play...

3. Because corruption ain't no joke in Kenya.


4. The people who are against the constitution are, generally speaking, motivated by religion. Although the constitution clearly defines life as beginning at conception, it also has a clause that provides for abortion in certain cases. It states: "Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other written law." People have been traveling the country assailing the constitution because it will permit the killing of babies. Sound like American politics? That's because it is. The 'No' campaign has been receiving thousands (if not millions) of dollars from evangelical Christians in America, and has even gotten support from a New Jersey Republican Congressman who serves on a sub-Saharan Africa committee. The Congressman (whose name I forget; I read it in the Daily Nation a few weeks ago), has held up the abortion clause in his condemnation of the Constitution, although my best guess is that he hasn't even glanced at the document. I wonder if a Republican politician would even care about the referendum if Obama's roots happened to be in another African country?

The other big religious (Christian) objective to the proposed constitution is the continued inclusion (from the original constitution) of Kadhi Muslim family courts, which would be a subordinate court under Kenya's superior courts (Supreme Court, Court of Appeal, High Court). In addition to having operated in Kenya since its independence in 1963, these Muslim family courts are found throughout the Islamic world. The proposed constitution states: "The jurisdiction of a Kadhis’ court shall be limited to the determination of questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion and submit to the jurisdiction of the Kadhi’s courts." So to be clear, the courts are only for people who profess Muslim faith, and even then, it's up to them if they choose to submit to the jurisdiction of the court. And it's only related to familial matters - marriage, divorce, inheritance, personal status. And they are subordinate to higher courts. So what's the problem here? It's no doubt true that America is a big influence in Kenya, but unfortunately that includes the bad influences as well. From what I've read, discrimination against Muslims in Kenya - a group that makes up 25% of the country's population - has risen dramatically since the 9/11 terror attacks. This is just more fear mongering by the country's wannabe American evangelicals.

Ryan Ubuntu had a good blog post a few weeks ago that provides some great insight into the religious fervor against the constitution. Pretty scary stuff.

5. Really, the only sane way to use religion in this whole referendum process is to pray that there won't be any violence. Most of the world probably remembers the horrible violence and rioting that took place after the corrupt Presidential election of December 2007. Over 1,100 people died. Kisumu, the nearest city to me, was a hotbed of violence and rioting. I'm confident that there won't be any problems this time around though. First of all, Kisumu is a hotbed of Yes. Virtually everybody's Yes in Western and Nyanza Province. For the most part, the No folks are limited to the Rift Valley. Most of the rest of the country, as the polls are indicating, are strongly Yes. So, it's simply not as contested as the 2007 election was (unless a fast one is pulled and No is announced the winner....yikes).

Secondly, the government has done a good job of taking security precautions. For instance, the government has forced the cell phone companies (Safaricom, Zain, and Orange) to require every single one of the customers to register their phone number in person with photo identification. Every single phone number in Kenya has a name attached to it now. Even mine. I had to go into the Zain store in Kisumu, wait in a long line, and then show them my passport and fill out a form as they registered my number and name in their computer. If I hadn't registered by July 30th, my phone would have been shut off. We even had to register our Safaricom internet modem as well.

As a side note, this precaution would be looked upon approvingly by author Robert Wright as a "non-zero-sum" game. Yes, it's forcing citizens to surrender some personal liberties, but the purpose is to keep them safe. This is the part of Nonzero that I struggled with most - I've been hard-line against the Patriot Act following 9/11, but Wright, even though he wrote the book before 9/11, seemed to be promoting the sacrifice of such personal liberties for the safety of the human race in a nuclear world.

6. The two sides have chosen colors. Green for Yes, Red for No. I was wondering if these colors had larger ideological significance like Blue and Red have in the U.S., but apparently this is the first time they have been used in a prominent national election to represent head-to-head interests. I have a feeling that this could be the birth of an ongoing Green-Red competition in Kenyan politics with each color having an over-generalized meaning. Again, America is not always a good influence.

7. Nonetheless, like Ben, I'm wearing a green shirt today. Stay tuned for the result.

Wednesday, June 9, 2010

Okwemba, Obama, Biden, and the Proposed Constitution

The picture to your right is of Okwemba, a local driver who Patrick and I use to take us around from school to school. He looks pretty young, but he has six children. I was a bit surprised when he told us the oldest one, a daughter, is seventeen years old (at that point, I felt uncomfortable asking him how old he was, but I would imagine he is at least 35).

He continued telling us about his family, and unprompted by us, he told us that two years ago, when his oldest daughter was fifteen, she was kidnapped by a boy three separate times. He said she lost her virginity (based on context clues, I interpreted this as a euphemism for a much more uncomfortable fact – she was raped). He was outraged by this, and he and his wife pressed charges and the boy was sent to jail. Without explanation, a week later, he was let free again. Clearly, the insinuation is that the boy’s family bribed the judge.

Before reading Half the Sky, I might have been somewhat skeptical of this story, or taken it with a grain of salt, but there are literally two or three stories in the book that read almost verbatim to Okwemba’s. Hearing Okwemba's story really made the book feel closer for me. Now just imagine the stories I would be in the midst of if instead of Kenya, I were moved 400 miles west to the Congo, a place the book calls the most dangerous place in the world to be a woman, a place where female flesh is used as a psychological weapon of war to tear apart families and break down their courage.

I’ve known Okwemba since 2007, when I first visited Kenya. He’s a very friendly, happy guy who is also one of the rare people of Muslim faith around these parts of Kenya. But as he told this story, for obvious reasons, a different passion emerged from him. Clearly, this tragedy has been tough for his family to endure, but as he told us about his pain after realizing the judge had been bribed, he quickly began to tie it into a larger frustration with the culture of corruption present throughout Kenya. Infinitely curious about the United States, Okwemba asked us if these types of things happen in our home country, and when we told him that it doesn’t really happen on the level he had illustrated for us (save for some highly publicized misdeeds by public officials that come up every once in a while) you could see a light come alive in his eyes, as his suspicions had been confirmed. “That’s because America actually cares about its citizens,” he said.

This is a phrase I have heard him repeat in some variation several times in just the week and a half that we have been here so far. As we have driven along Emuhaya Division’s poorly paved roads (where driving consists of driving on whatever side of the road has less potholes, until a car approaches from the opposite direction, in which case you move to the left side of the road), he has asked us if such terrible roads exist in America. “Not really. We pay taxes and the government keeps the roads in good condition,” we replied. “Here in Kenya, the politicians just pocket the money for themselves. That would never happen in America!”

The attitude Okwemba displays towards America in not uncommon amongst Kenyans. In fact, Kenyans perceive America more favorably than any other foreign country. This was true even before the election of November 2008, but of course, Obama’s presidency has only helped that. If John McCain and Sarah Palin think Obama is a celebrity in the U.S., they should come to Kenya. Obama is EVERYWHERE –on t-shirts, posters, calendars, you name it.

Okwemba’s even got a sticker of him on his car:


Ben proudly displays his Obama t-shirt and inauguration hat, Welliminah has Obama on a light switch, and Obama calendars are a common sight in Kenyan homes:


But most of all, Obama and America can be found on people’s minds and hearts and lips. The optimism and faith I have seen and heard expressed in America is incredibly inspiring and makes me awfully proud of my country. I finally understand America’s potential as a “beacon of light” throughout the world. We’re not perfect, but we try to be. We even acknowledge as much in our founding document.

As for Kenya’s corruption, there still may be some hope. On August 4th, the whole country will vote in a referendum on a new proposed constitution. The government seems to be doing a good job of publicizing it and getting awareness out about it. They have widely distributed copies of the proposed constitution, where it sits in families' living rooms, even here in rural Es’saba village at Welliminah’s house (right), where I have perused it periodically. I have not read the current constitution, so it is hard for me to compare, but from what I have read from it, the proposed constitution seems very strong, identifying clear procedures for election disputes, providing a comprehensive Bill of Rights (it’s actually called that in the text, reeking of American influence), and clearly outlining structure and role of government.

According to a recent poll, 57% of registered voters say they will vote “Yes” for the proposed constitution, 20% will vote “No”, and 19% is still undecided (4% said they won’t vote). This figure, combined with the enthusiasm for the proposed constitution I have seen expressed by people I have interacted with, is encouraging. Okwemba has his doubts though. “The government will find a way to stop this. President Kibaki is against it.” He said that he has heard stories of people being bribed with 5,000Ksh (roughly $60) to vote No. With all that Okwemba has experienced, it’s hard not to share in his skepticism.

Meanwhile, the major Kenyan newspaper, The Daily Nation, seems to be strongly pushing for the adoption of the new constitution. Over the weekend I picked up a paper, and hardly a surprise, whose face is on the cover? Barack Obama, with the headline “MY HOPE FOR KENYA” in bold above his picture. A Kenyan journalist had interviewed him in the White House last week and the focus was largely on the proposed constitution. Obama encouraged the constitutional referendum process, urging Kenyans to seize this moment as a “singular opportunity to put Kenyan governance on a more solid footing that can move beyond ethnic violence, can move beyond corruption, and can move the country towards a path of economic prosperity.” Although Obama was careful not to actually endorse the proposed constitution, his words seem to imply approval, and I think there is no question that his opinion resonates with Kenyans.

And although Kenyans would love to host President Obama (or even adopt him as their own President), this week, they got the next closest thing, Joe Biden, who stopped through Nairobi en route to the World Cup in South Africa (picture at left from the Daily Nation). Earlier today, I heard Biden’s speech on Okwemba’s car radio, and his powerful message gave me goosebumps. The section of the speech they played on the radio reads as follows (it’s a little long, but stick with it):

“Kenya feels the effects of these problems and should, because of your wealth of human capital, be a part of a global solution -- a strong African voice on the international stage. But that voice has been muted by internal problems -- problems that have held you back from making an even greater contribution.

“Too many of your resources have been lost to corruption, and not a single high-level official has ever been held accountable for these crimes. Too many of your institutions have lost the people’s confidence. And too many times, Kenya has been divided against itself, torn apart by ethnic tensions, manipulated by leaders who place their own interests above the interests of their country. Too many young people have found nothing but dead ends as they seek opportunity and the path to a better future.

“The crisis that gripped Kenya in the wake of the 2007 elections revealed just how dangerous these forces can be. They are dangerous, but they are not immovable. Change is within your grasp. And that change will be realized when government is transparent, accountable, and participatory; when corrupt officials are called to account in a court of law, instead of meeting only the indifferent shrug of impunity; when political power changes hands peacefully, but the will of the voters, and those who did not prevail decide -- and decide that their efforts should be moved to constructive opposition; when Kenyans have confidence that the courts and the police are honest, and are committed solely to the pursuit of justice; when the members of the political leadership represent a range, a wide range, of viewpoints reflecting and responding to the needs of Kenyans everywhere.

“Your coalition government has agreed to a reform agenda that would bring about the fundamental change that Kenyans are seeking. If implemented fully, corrupt officials will be finally held accountable. The judiciary and the police force will place the pursuit of justice above the pursuit of personal gain. Land rights and ownership will be governed by the rule of law, not by the whims of the powerful. Kenyan women and girls -- the most untapped resource of this nation and almost every nation in the world -- will be ever better positioned to contribute to their communities and their country at every level. And a new constitution will put in place a framework to accelerate those reforms, including reducing executive power by building up the checks and balances of your parliament and your judiciary.”

This speech resembles exactly what America’s role has and must continue to be. We have clear values – participatory government, equal opportunity, justice, freedom of association and expression – and we will never stop promoting them throughout the world, because we believe that these should not just be American rights, but universal human rights. Even if we sometimes fail to hold true to these values, even if we get overzealous in forcing them upon cultures that are not willing to adopt them, we will continue to let our light shine outward and be a voice for the values we were founded on 230 years ago.

This is an exciting time to be an American (Guy) in Kenya. And it's an exciting time for Okwemba and his fellow Kenyans as they hope to take control of their future. The weeks leading up to August 4th will be fascinating. I'll keep you updated.