Nancy Baraza
22 August 2007
opinion
Nairobi — The Bill that proposed the setting aside of 50 seats for women in Parliament was technically defeated.
However, the debate on affirmative action calls for a better understanding of the essence and philosophy of the concept.
The country needs to appreciate that affirmative action for women is part of Kenya's international obligations as it is party to the United Nations international human rights instruments.
Kenya ratified the International Convention on the Elimination of All forms of Discrimination against Women in 1984, pledging to honour the demands of the convention in respect of women.
The convention requires States to take appropriate measures, including legislation, particularly in the political, social, economic and cultural areas to ensure development and advancement of women.
Article 7 of the convention provides the basis for realising equality between men and women and ensure women's equal access to and opportunities in political and public life.
Under the article, States agree to take appropriate measures so that women can enjoy their human rights and fundamental freedoms.
The Beijing Platform For Action, too, calls for affirmative action to enable women participate in public life, including representation in parliament.
The UN Charter, the Universal Declaration of Human Rights, International Convention on Civil and Political Rights and the International Convention on Economic, Social and Cultural Rights guarantee women's right to participate in public life, including politics.
Participation of men and women in political life on the basis of parity is not just a human right and fundamental freedom, but also a pre-requisite of the social contract.
Equal and equitable participation of men and women is a dictum that guarantees a functional democracy.
This notwithstanding, women have been severely under-represented in strategic decision-making institutions such as Parliament, Government and the local authorities.
This is disturbing, considering that women account for more than half the population and constitute a key national resource whose ideas, creative solutions and concerns for society would change the quality of public life.
To argue that women can compete equally with men in politics and other spheres of development is to ignore the realities.
Women face several adversities arising from poverty, culture and low social status.
The job of ending women's under presentation in decision-making institutions calls for collective and unselfish determination and innovativeness in finding solutions. Affirmative action is an ambitious attempt by society to redress the long history of gender discrimination.
Yet from the debate on the 50 seats for women, affirmative action seems to incite, rather than ease our nation's internal divisions.
This holds back economic, social and cultural development. It is a result of deep-rooted prejudices and lack of appreciation of the benefits that would accrue from equal participation of both genders in development.
Many countries have adopted affirmative action to increase women's representation in parliament. In Africa, progressive societies such as South Africa, Tanzania, Uganda, Rwanda and Namibia have entrenched affirmative action in law to ensure that women's political empowerment is realised.
Kenya would not be doing what is out of the ordinary. There is nothing unconstitutional about affirmative action for women.
Affirmative action, too, can go to other deserving groups such as minorities, people with disabilities, the youth and the elderly.
We could deal with marginalisation of women without giving up efforts to empower other groups. Celebrating the defeat of the Constitutional Amendment Bill 2007 is to celebrate a tragedy that will confine Kenya to slow pace of development.
The writer is the vice-chairperson of the Kenya Law Reform Commission
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