HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"id": 186986,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/186986/?format=api",
"text_counter": 205,
"type": "speech",
"speaker_name": "Mrs. Kilimo",
"speaker_title": "The Assistant Minister for Co-operative Development and Marketing",
"speaker": {
"id": 173,
"legal_name": "Linah Jebii Kilimo",
"slug": "linah-kilimo"
},
"content": " Thank you, Mr. Temporary Deputy Speaker, Sir, for giving me the opportunity to contribute to this Bill. I stand to support the Bill. As I do so, I would like to give a few recommendations which I would like adopted. First, I wish Clause 9(3) could be amended to be gender-friendly, so that it can apply to both men and women. We should amend its wording to read \"chairperson\" and \"vice-chairperson\" shall be \"persons\" of the opposite gender.\" July 31, 2008 PARLIAMENTARY DEBATES 2287 Clause 10(3) should be amended by deleting the words \"gender equity\" and replace them with the words \"gender equality\". I say so because, if we do not specify matters, women will be left out, as they have been left out many times. As we know, whenever there is conflict, many atrocities are visited on women. Clause 11(1)(b) should also be amended to read as follows:- \"The chairperson and vice-chairperson shall be persons of the opposite gender.\" Mr. Temporary Deputy Speaker, Sir, I say so because of the experiences we have gone through since the beginning of this year. Many commissions have been formed but because they were not specific with regard to their composition, women have been left out. We acknowledge the fact that women constitute the majority of victims of war and conflict. However, the role of women is ignored when it comes to negotiating for peace agreements, as well as in the political and economic reconstruction of the country. This is because, when we pass laws here, we are never specific on what should be included. In order to ensure that the process in Kenya is all-inclusive for all sections of society, women should be involved right from the policy-making level to community peace building efforts. The overall language of the Bill should be reviewed to ensure gender neutrality and non- discrimination. Towards this end, I would suggest that Clause 27(1) be amended by deleting the word \"may\" and replacing it with the word \"shall\", so that it becomes mandatory that it will be gender sensitive. Mr. Temporary Deputy Speaker, Sir, Clause 30 should be amended by adding immediately after the word \"Act\", the proviso \"provided that such staff appointment shall ensure equal representation of men and women.\" The word \"shall\" will ensure that whoever will sit in the Commission will see that there is what we could call the \"zebra model\", which will ensure a one man, one woman ratio representation. This Bill is, indeed, good, because it will ensure that women in this country have justice. Clause 34 should be amended by adding immediately after the words \"human rights law\" the expression \"other gross human rights violations such as extra-judicial executions, enforced disappearances, sexual assault, rape and torture.\" Mr. Temporary Deputy Speaker, Sir, this Bill lacks a lot in terms of ensuring women representation. As much as the amendments I have suggested may be made, unless we have women sitting in the Commission to ensure that justice is done, or ensure that the word \"shall\" is used, I feel that women in this country will still be short-changed, as has happened in the past years. Mr. Temporary Deputy Speaker, Sir, to ensure that there is gender balance, I would request that of the seven, for once, we want the majority to be women. We know that in all the conflicts that take place, women are targeted. They are the victims. In fact, the person who knows the pain of a child is a mother, who happens to be a woman. Many times we are told that it would be a third or 30 per cent. Even if this Bill will provide for a third, in most cases women are put in the marginalised groups or disadvantaged persons. In this case, I am referring to people with disabilities. We want to be separated from people with disabilities. We are not disabled. In fact, God created a man and saw that he was not happy and told him that he would give him a helper, who was supposed to be stronger than the man. But in most cases the strongest of them in our country is always marginalised. This Bill should provided for representation of people with disabilities and women. Since they are the majority of the victims in any case, all the seven positions should be for women. If this Bill should fall short of that, then the Chairperson of this Commission should be a woman, who will ensure the word \"shall\" will be there. Mr. Temporary Deputy Speaker, Sir, when I look at this Bill, it also does not show how we are going to protect the illiterate people, or how justice will reach them. These are people who do not know their rights. This Bill should include visiting people in their districts, just the way the 2288 PARLIAMENTARY DEBATES July 31, 2007 review of the Constitution was done. People went to the districts. The Commissioners who will be appointed should go and sit in district and get the views of the people. Before the people bring their views, how will somebody, who has not read any paper and who does not know that there is a place where you are supposed to go and report and fight for your rights, know what to do or say. I am thinking of paralegal officers who should be included in this Bill to teach those who are illiterate in the society that there is a place where they can access justice. Most people who do not know their rights in this country have no access to justice, because they do not know about it. When we have problems, they are not only in towns but are everywhere. Where should people go and have their problem addressed? They do not even know how to do it. They should be taught what to do. Otherwise, if we leave our communities to go and look for lawyers, they do not have the fee. The Government should be able to ensure that there is justice for those who do not know that they need to be protected. This Bill is good but we should have a woman as the Chairperson. Clause 4 states that the Commission may hold its sittings at any place in Kenya. That should be amended to require the Commission to hold its sittings not in every province, but in every district. Most women, who are the victims, fear facing people, especially those who have been raped. There should be a clause for witness protection. This is something good, and I hope that this Bill will be able to provided for it, so that women in this country can access justice. With those few remarks, I beg to support."
}