Rose Waruhiu
30 October 2005
Nairobi — For the many years that Kenyan women have been marginalised and subjected to discrimination, they have been doomed to remain mere voiceless minions in the patriarchal prison into which they are born, live and are destined to die.
They have been dominated by men through coercion, violence and denial of rights and opportunities. This tragic situation has been brought about by the lack of a constitutional framework that guarantees gender equality and equity.
The forthcoming referendum, therefore, presents a golden opportunity for the women to reverse this tragedy and emancipate themselves from the prison built out of rigid and outdated social, economic, cultural and political structures that have for long subjected them to indignity, discrimination, inequality and subservience to men.
In many communities, women have been treated like chattels or objects and not human beings capable of enjoying their rights and dignity. Without a modicum of dignity and respect, they have, in some communities, been inherited like property when their husbands die.
The current status of women in our society is, indeed, appalling. The total empowerment of the Kenyan woman has largely remained a pipe-dream. Although much has been said about the poor condition of women in our society, little has been done with a view to uplifting their general welfare and standard of living. Even the little gains that have been made are not secured by a legal structure that can adequately safeguard them from attrition and reversal due to social or political pressures.
Women have remained in the periphery of economic activity, having been denied the opportunity for full participation. Thus, a great many of them, especially in the rural and urban slum areas, have been consigned to perennial poverty. They cannot own or manage property such as land and, therefore, lack the means to borrow capital and participate in business.
In employment, women are constantly subjected to sexual harassment by male superiors and their male colleagues are favoured in job promotions. As a result, women remain junior workers or casuals for most of their working lives.
Within the family, women are victims of domestic violence. Wife-beating is a common practice. Domestic violence and rape have become major problems. Many degrading cultural practices continue to harm women. Female genital mutilation and other practices inflict immense pain and suffering, besides exposing women to HIV/Aids and other deadly infections.
The health needs of many women have been neglected despite their unique biological and maternal status. Internationally, it has been recognised that the empowerment of women is not possible if their reproductive health rights are not protected and enforced. Yet in many rural villages, women continue to needlessly die during pregnancy and at childbirth because they lack access to primary healthcare.
Such grave omissions are partially rooted in the fact that women are under-represented in high-level policy-making organs of State such as Parliament. The electoral system is designed to facilitate male dominance and as such, women are not able to effectively participate in politics. Thus denied representation, Kenyan women lack a voice in the management of national affairs.
By voting for the proposed new Constitution, women stand a good chance of achieving self-empowerment, ending discrimination and securing gender equality and equity. The draft constitution proposes to outlaw discrimination and secure equal treatment for all. If and once it comes into force, the new constitution will make harmful traditional practices such as FGM, wife inheritance and wife-beating a thing of the past. The lives of women and girls will be protected.
Domestic violence will be curbed. The draft is emphatic about 'violence from private sources'. This constitutional protection is very significant for women. In the past, law enforcement officers have been reluctant to take action in cases of wife-beating and other forms of violence on the pretext that they are 'domestic'. The police will now have to deal with such cases.
The proposed new Constitution provides for affirmative action to give women greater economic opportunity and stronger representation in elective and appointive bodies. There will be more than 70 women MPs for the first time since independence. This will give women the voice they have lacked in the past.
Besides giving women the right to inherit property, the draft also proposes to protect the individual rights of spouses in a marriage. This provision secures the institution of marriage, the core unit of society. But some of the critics have negatively interpreted this provision by saying married women can go back to their parents' home to demand property. This is not so because their rights as spouses entitled to property is protected. They do not need to go back home!
Also, the responsibility of bringing up children will no longer be that of the mother alone. The draft provides that both parents have an equal responsibility in bringing up the child. Again, the main beneficiary is the family as the rights of children will be protected to ensure that they are brought up well.
Our society has at times been reluctant to recognise the maternal role in society. Women as mothers deserve a lot of respect. The draft, in Article 38, recognises the 'unique status and natural maternal role of women'.
Mrs Waruhiu is a Member of the East Africa Legislative Assembly and she supports the Yes vote.
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