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"speaker_name": "Rarieda, ODM",
"speaker_title": "Hon. (Dr.) Otiende Amollo",
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"content": " Thank you Hon. Temporary Deputy Speaker. As a lawyer, as a person who is a member of the Forum of Parliamentarians of the Great Lakes Region on Democracy and also as a person who did my thesis on the African Charter, I fully support this for five reasons. However, I will be brief. First, this is an important tool for election observers. Second, it is also one that takes us beyond just regular elections to emphasise the need for free, fair and legitimate elections. In addition, Hon. Ndindi Nyoro will remember the word “legitimate”. Third, it also sets a commonality of standards that we can use when we believe one State may have gone against those principles and it is a mode of intervention. Hon. Temporary Deputy Speaker, I want to emphasise only two things that have been spoken to. First, on Article 10 on the question of a referendum. Some of my colleagues have misinterpreted this. It is emphasised that: “10. The idea of amendment of a Constitution should repose on national consensus obtained if need be through referendum.” It is not that you create consensus to avoid a referendum. The referendum itself is the vehicle for consensus. Indeed, if you did otherwise, it would be undemocratic. You cannot agree and say now we have all agreed, we are going for a referendum and we do not want anybody to oppose. That is exactly the opposite of what is advocated for. By definition, referendum is a choice. In addition, if the majority rejects the idea of the draft, then that is democracy. It is not democratic to refuse anybody the choice. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}