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{
"id": 191703,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/191703/?format=api",
"text_counter": 225,
"type": "speech",
"speaker_name": "Ms. Karua",
"speaker_title": "The Minister for Justice, National Cohesion and Constitutional Affairs",
"speaker": {
"id": 166,
"legal_name": "Martha Wangari Karua",
"slug": "martha-karua"
},
"content": " Mr. Temporary Deputy Speaker, Sir, I beg to move that the National Ethnic and Race Relations Commission Bill, 2008, be read a Second Time. The objects of this Bill is to provide for the establishment, powers and functions of the National Ethnic and Race Relations Commission, and for connected purposes. At the outset, I would want to say that this Bill was negotiated by the Serena Team, in line with the National Accord and Reconciliation Act, where we, as Members of this House, committed ourselves, through our negotiating teams, to take certain actions to promote national reconciliation and healing. Mr. Temporary Deputy Speaker, Sir, this Bill seeks to establish a National Ethnic and Race Relations Commission as a body corporate that will be charged with the responsibility of promoting equality of opportunity, good and harmonious relations and peaceful co-existence between the various Kenyan ethnic communities. The need for such a Commission cannot be overemphasized. We all remember the tragic events of the beginning of this year, whose effects we are living with. The proposed National Ethnic and Race Relations Commission will have the duty to spearhead the much needed reconciliation work to also engage with the various stakeholders to enable us to develop a policy on ethnic and race relations, and also the necessary legal framework. We are starting from scratch. One might say that, perhaps, the Law Reform Commission can tackle this. But if you remember that we are a nation that is trying to reform much of our laws, we need a specific body that will do nothing else, but handle issues of ethnic and race relations, so as to accelerate both policy, legislation and action, that will help us to promote good race and ethnic relations, and promote national reconciliation and healing. This Bill is born out of the realisation that we cannot have lasting peace and co-existence in our country unless we cultivate good will among each other, and among our communities. Such good will cannot be predicated on treading on the rights of anyone of us. It must be predicated on balancing the rights of even the smallest of us, so that we can move together, as a nation. So, what does this Bill provide for? Mr. Temporary Deputy Speaker, Sir, under Clause 3, the Bill proposes to establish the Commission to be known as the National Ethnic and Race Relations Commission. The Commission will be a body corporate with perpetual succession, capable of being sued and also suing on its own behalf. It will be able to do all the things a corporate body can do under the law. The Bill provides for the seat of the Commission to be here in Nairobi, but it may establish branches all over the country. Mr. Temporary Deputy Speaker, Sir, what will be the composition of that Commission? It will have a Chairperson who will be appointed by the President - that is shown in Clause 5 - from amongst Commissioners appointed under Paragraph (b). Under that paragraph, eight July 1, 2008 PARLIAMENTARY DEBATES 1499 Commissioners will be nominated by the National Assembly in accordance with the First Schedule and appointed by the President. We realize that national reconciliation is a very delicate issue. That is why we leave the Commissioners to be appointed through the people's representatives, so that there is some consensus. That is because, unless that body has credibility, it will not be able to spearhead the work of national reconciliation. Mr. Temporary Deputy Speaker, Sir, at a later stage, it may be good to introduce, during the Committee Stage, that when Parliament is doing this work, it should have the advice of a reputable human resources firm so as to do it a little bit better than the previous interviews that have been done by the House. Apart from those eight Commissioners, that National Ethnic and Race Relations Commission shall also have in it the Chairperson of the Kenya National Commission on Human Rights. That is institutional representation. It will also have the Chairperson of the National Commission on Gender and Development and also, the Chairperson of the Public Complaints Standing Committee; our Ombudsman. Those are the members by institutions. It is the Commission itself that will elect a Chairperson. So, what are the qualifications proposed for those Commissioners? That, again, is to be found in Clause 6. A person must, obviously, be a Kenyan citizen of high moral character and proven integrity - not supposed but proven integrity. The person must have knowledge and experience in matters relating to race, ethnic and human relations, public affairs and human rights. We exclude certain persons from being proposed as members of that Commission. That proposal is in Clause 6(2) which says:- \"No person shall be qualified for appointment as a Commissioner if such person- (a) is a Member of the National Assembly; (b) is a member of a local authority; (c) is a member of the executive body of, or is actively involved in the affairs of a political party; (d) has promoted sectoral, ethnic, racial or religious animosity or openly advocated for partisan ethnic positions or interests\". That way, we can have people who can largely be seen to be non-partisan. Mr. Temporary Deputy Speaker, Sir, the term of office for the Chairperson and Commissioners shall be three years, but shall be eligible for reappointment."
}