American same-sex laws likely to affect Health rights in Kenya

In America there is an interesting ‘discussion’ going on between religious rights advocates on the one hand and gay rights advocates on the other. The religious conservatives say they are being coerced to support and/or participate in activities that offend their religious beliefs. On the other side gay couples are seeking full benefits of equal treatment and dignity in a society that has long discriminated against them.

As equality and freedom from discrimination for sexual minorities become ever more realizable across that country, religious conservatives are getting ever wearier of how they will live with these rights. In particular they are concerned that the highest court – the Supreme Court will rule in favour of same-sex marriage in a ruling expected in June. For that reason they have been pushing for Religious Freedom and Restoration laws but others view in these laws a “licence to discriminate” so they oppose them.

One thing we cannot afford to ignore is how the ruling might affect us in Kenya especially in accessing some of the most foundational rights such as health services. Even though appetite for increased criminalization and systemic denial of existence may have subsided, sexual minorities have reason to worry about how such a ruling might affect their daily lives. 

Our view is that it is wrong for followers of particular faith to compel non-followers to be bound by the tenets of a faith they do not believe in. But it is also wrong for sexual minorities to seek a legal framework that ignores religious freedom and accommodation. 

If as expected by many the highest court in that country rules in favour of a nation-wide right to marry for same-sex couples, one also hopes that they will also provide enough protections for religious liberties. That way, religious leaders in our country and other African countries, who form a powerful political force, will not use their influence to push for added criminalization or even push back against existing little accommodation of some basic rights for sexual minorities. 

Indeed if Americans are able to find a common ground that accommodates reasonable expectations from both sides, sexual minorities here, might just find in that ruling a welcome advocacy tool for their rights as well.

Let’s Criticize President Kenyatta but with Love.

In the fight against terrorism, human rights activists’ claim to basic rights for every person has often come out as unrealistic. The terrorists don’t give a hoot about the rights of the people they kill – indeed we heard of harrowing stories of how terrorists at the Garissa University terrorized not just the people they were mercilessly killing but also their families on phone. 

Human rights advocates have to ensure that they do not fall into ‘fundamentalism’ trap. Just like we have religious extremists who justify senseless massacres on account of religiously inspired political/social/moral goals, we can also have human rights extremism/fundamentalism, and I think we should guard against it. Unfortunately we do not live in a black + white world but rather one that has hues of all colours. We live in a nuanced world, and our foundational belief systems have to accommodate that. 

In response to the Garissa attack, our president gave an executive order (and they are becoming fairly regular these days), that is in complete contravention of a court order. Additionally in closing down accounts allegedly associated with Al Shabaab money conduit system, two human rights – MUHURI and Haki Africa also had their accounts frozen. 

There are some in the civil society who see in these two actions, a government that is decidedly focused on ‘inch-by-inch’ undermining both the judiciary and the civil society; and in the process consolidate power in the presidency – some even see this as a grand scheme in the creation of a dictatorship. 

That may or may not be the case. What is very real is that our country is facing very serious security challenges. We are at the front-lines of the war on terror. We also have a government in place, headed by President Kenyatta – and among their huge mandate is protection of life and property of every Kenyan.

It might be that the strategies they have elected to use are not the best or the brightest. Indeed I for one believe that we have Kenyans brighter and more selfless than the current crop of Kenya’s political elite. But these bright Kenyans are not the ones currently in-charge for whatever reason (flawed electoral process, gullible electorate, corruption you name it). 

Secondly, being president – if President Kikwete is to be believed is a stressful and thankless job  – so let us cut Mr. Kenyatta some slack. Let us all – ALL Kenyans of whatever political persuasions assure him and his government of our support. He is the guy in-charge and he will be, at least until 2017. 

But by the same stroke, let us continually urge of him to act within the confines of the law and the constitution. Let us remember our history, that when we do not have a functioning Judiciary, 2007/08 violence happens. And when we do not have a strong civil society, and democratic institutions, the Kenya of 1980s and 1990s, happens. There are some in government who are nostalgic of the Strong-MAN presidency of Moi and older Kenyatta – but to them I say – You cannot turn back the wheels of history – Kenya Constitution 2010 happened (Accept and Move On!). 

And to President Kenyatta – recall Mr. Kibaki’s speech at the handover in 2002. If you don’t have time for the whole speech, then this one paragraph from that speech will suffice –

“Fellow Kenyans: I'm inheriting a country which has been badly ravaged by years of misrule and ineptitude. [Applause] There has been a wide disconnect between the people and government, between people's aspirations and the government's attitude towards them. I believe that governments exist to serve the people, not the people to serve the government. [Applause] ...” Full speech is available here… 

Recall too, that Mr. Moi listened through this speech – sited right next to Mr. Kibaki. Your handlers might come for my neck, if I attempt to urge you to imagine being in Mr. Moi’s shoes one day when you hand over power, so I will not do it. Instead I urge you, to invite Kenyans to appreciating your success as president is indeed our success as a country, and supporting you is in fact in our best interest as citizens. Urge your competitors to present their competing ‘theory of change’ for a better Kenya without compromising our security or the rule of law – provide them a platform on which to air their views, after it’s an opportunity for you to crowd-source for superior ideas for building a better Kenya.