Sammy Cheboi
5 November 2009
Nairobi — Persons with disabilities have called for the inclusion of provisions that protect them against discrimination in the new constitution.
The current constitution neither recognises them as part of the society nor their contributions, they said Thursday.
The demands were made during a consultative meeting at the Nairobi Safari Club between various groups of disabled persons, members of the Reference Group and political parties.
"Progressive provisions in Wako and Bomas drafts can address human rights abuses against the disabled. We hope to address the systemic failures through a new constitution," said Dr Samuel Tororei, who is blind.
"We want to be recognised, not as a matter of favour, but as a right," he said.
Mr Vitalis Were, a disabled and a member of the Reference Group, said the Committee of Experts are in agreement that the provisions touching on persons with disabilities as contained in the Wako and Bomas drafts are not contentious.
"We will judge the draft law on the basis of its provisions touching on us. The gratifying thing is that the Committee does not consider the contents of our memorandum to be contentious," he said.
But Harold Kipchumba of the Bare Care Centre, cautioned that the new draft must expressly provide for implementation mechanism so that provisions do not remain unimplemented.
The group's demands come after evangelical Christian leaders expressed their opposition to the new law if the Kadhi's Courts are included.
Tom Kagwe, of the Kenya Human Rights Commission and a member of the Reference Group, singled out the evangelicals and those clamouring for more electoral areas as enemies of a new constitution.
"We have had the Kadhi's Courts for decades and we have witnessed no problems. Those opposed should understand that the law is there to protect the minority from the majority," he said.
In the proposals, they want a five per cent representation at all levels of political leadership, from Parliament to the local councils.
Currently, the Committee of Experts is refining presentations from various interest groups to produce a draft document that can be forwarded to Parliament before a national referendum can be carried out to adopt or reject the new constitution.
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