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"id": 191706,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/191706/?format=api",
"text_counter": 228,
"type": "speech",
"speaker_name": "Prof. Ongeri",
"speaker_title": "The Minister for Education",
"speaker": {
"id": 124,
"legal_name": "Samson Kegeo Ongeri",
"slug": "samson-ongeri"
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"content": " Madam Temporary Deputy Speaker, I stand to second this Bill. This is a Bill which was necessitated by the recent debacle that the nation went through. It was quite clear that when these events took place, the mechanism and the manner in which to resolve issues became illusive. Other than the criminal law and the civil law, which have their own time limitations, there was no single piece of law that would govern the relationships between people, tribes and races. We realised that this nation can slip back to anarchy, unless we put into place a law to restore the dignity and the lifestyles of our people to have the ability to move all over the country. History is replete with many examples. We saw roadblocks everywhere. That was not conducive to easy travel and easy access to markets, towns and other places. Therefore, people found themselves balkanized in their own country. There were spontaneous outbursts. Even people who had been the best of friends were not able to contain themselves. Therefore, as a team, we felt that it would be prudent to generate a Bill to this House, that is, the National Ethnic and Race Relations Commission Bill. This is the Bill. As you aware, two commissions are to be put in place: The Truth, Justice and Reconciliation Commission which is of a long-term nature. Then there will be a working commission, which we call \"the baby commission\" which is of a short-term nature, because there is a time limit that has been fixed for that working commission. This is to be able to inform this nation what happened during the elections. The Kriegler Commission will be able to inform the nation what we can do to one another when faced with such grim situations like the one we 1504 PARLIAMENTARY DEBATES July 1, 2008 witnessed in the last three months. Therefore, if you look very carefully, this is a negotiated document. If you look at Clause 2, for example, it clearly gives a definition of the terminologies that are likely to be applied when seen. I want to invite the hon. Members to look at the definition of \"ethnic relations.\" The ethnic relations, include racial, religious, tribal and cultural interactions between various communities. The words \"ethnic\" and \"ethnicity\" shall be construed accordingly. It is not the wish of anybody that this nation should be discriminating itself against race. We did away with that at the onset of Independence. We fought for this nation to be free, so that its people can be free agents moving in their land freely. Never was the Independence war won on the basis of balkanisation. It was won on the basis that it will be a free country; free in movement, speech, action, socio-economic life and political life, so that people in a political society and party can move freely and be able to expound their policies freely. Because of the overtones that sometimes were injected in the conduct and style that we noticed, this might have been a trigger mechanism that brought about this very tense racial and ethnic relations that were spoilt. Therefore, Clause 2 basically deals with the definitions themselves. It would have become apparent by now that this Bill is people-friendly. It is not starting on a very punitive note. It is people-friendly in the sense that we now realise that we are Kenyans. We now realise that we stay in the Republic of Kenya. It is not a mistake to be born where you are born. It is not a mistake to belong to a particular tribe. However, it is mistake to use a tribe to incite and create problems for another tribe. Therefore, there is need for the law to be able to put this issue into perspective. That is why I am saying that it is people-friendly. We have existed together for the last 44 years without having major frictions. We have just had occasional ones which are determined by the village elders from both sides of the divide wherever it has occurred. The issue has been a thing of the past. But this particular one, rather went deep into the feelings of the people. People internalised this problem. It became very difficult to be able to disentangle. Even now as I speak, it will take quite a bit of counselling and sitting together to be able to heal this nation. Because of these obstacles, it was felt that a Bill of this nature, if it is translated to an Act of Parliament, can help in cementing and bringing people together in a friendly manner. So, Clause 2, therefore, defines what the Bill is all about. The most important part of it is when you look at Clause 13. It states the objects and purpose for which the Commission was established. Clause 13(2) gives the various duties or responsibilities assigned to the Commission. I want to draw the attention of the hon. Members of this House to the fact that sub-clauses \"a\", \"b\", \"c\", \"d\", \"e\", \"f\" and \"g\", deal with the promotional aspects of the Bill. For instance, \"a\" says: \" To promote the elimination of all forms of discrimination on the basis of ethnicity.\" We do not want to see ethnic bias in appointments and all other activities of the Government of Kenya. For that matter, in both private and public sector, there has to be a formal conduct where Kenyans are seen as just one big group of people who are living together despite their diversities. We want to cash in and enrich our diversity in order to be able to create a favourable environment for our people to work. Therefore, when you look at sub-clause \"a\" it is basically talking of promoting the elimination of all forms of discrimination. I do not think that hon Members will have a problem with that. It is really our responsibility, as leaders, to be able to promote that element of living and being together and promoting the growth and culture of this nation as a people. I am always proud when I see the Bomas Cultural Troop going out of this nation. What they exhibit, even the people from one tribe signing the songs of another tribe--- I am always reminded vividly when I attend the drama and festival activities of schools and July 1, 2008 PARLIAMENTARY DEBATES 1505 colleges. It is rich of what I would call cultural repertoire. It is so rich that you feel that you belong to a nation. When you see a Pokot dance being exhibited on stage, you feel like jumping with them, because it is dignity that they show. When you hear a Luhya song being sang on stage, everybody stands up to go and dance, because you feel that, that is an expression. When I hear a Kalenjin song, I feel like being part that song. We feel that within our own culture, there are those cultures which are so important in promoting good neighbourliness and living together. Hon. Ruto is my neighbour and we have always chatted together about what we think are things that divide us and put us together. We ignore those that divide us and move along with those that put us together. I think this is the type of promotion that we are talking about in this particular Bill. Let us spend more of our time and energy promoting what is good and eliminating what is bad in those cultures. Sub-clause \"b\" discourages persons and institutions, including political parties and associations, from advocating or promoting discrimination or discriminatory practices on the ground of ethnicity. We do not want to see a mushrooming of political parties which are tribal- based. I think that is a retrogressive step for this nation. At the level where we are politically, I think we should be looking for a better product mix - if I may borrow the economic language - where you have a small Turkana from there, Kisii from there, another Luo from there and another Kikuyu from there. All the tribes of Kenya reflecting the mood which is based on issue-oriented policies other than the tribal-oriented hegemony. I think that is what we must avoid. Anything that smells tribe spells disaster for this nation. Therefore, if we pass this Bill, it will help us engage in these activities. It will enable us promote tolerance. The level of tolerance in us is very small. The margin between eclipse--- We were standing at the precipice of just dipping in the sea, but by the mercy and grace of God, we were retrieved from that position. We have been given a second chance like Jonah was. This is a second chance to look at ourselves and our relations as we move along. Therefore, Sub-clause (b) is to discourage any person who promotes hate speech, hate language and hate relations. Such a person is not a useful member of our society and so he should be discouraged from doing that. The Bill is people friendly. It does not say that you pick up a rungu or a machete to settle scores with an individual. It behoves us, as Members of Parliament, to say: \"Sorry, you cannot do this against the established law of the land.\" That is why we believe that, that aspect of it will give us the impetus, power and authority to deal with the errant individuals in a polite manner. Above all, we should be able to bring understanding and acceptance that we are Kenyans first and foremost. We must respect our diversity and the way we live. Wherever you are, whether you are established in farming, business or in a certain job, you are entitled to be in that area as a Kenyan. Madam Temporary Deputy Speaker, if we must craft the laws that will help us deal with this monster of tribalism, ethnicity and racism, I think it will be a worthwhile exercise. It took South Africa the Truth, Justice and Reconciliation Commission to deal with the monster of apartheid. We have not reached those levels in terms of race relations. However, we were almost drifting to a level where one tribe was seen as an enemy of the other simply because we disagreed on certain issues politically and the way we should be doing our things. I do not think that the politics of the day should override the daily lives of people. Politics is a competitive exercise. In politics, issues are determined at the time of the general elections. At any rate, it is a one day affair and the matter is settled by the people themselves. We should not place our people on the warpath of any nature. That is what this Bill seeks to do. If you look at Sub-clause (h) downwards, the Bill gives the 11 Commissioners power to investigate. Indeed, in Subclauses (h) and (i) it talks about investigation. In Subclause (j) it talks about identifying and analyzing factors inhibiting the attainment of the harmonious relations. From Subclause (k) downwards, the Bill talks about the Commission determining the position after having investigated, found out the truth and the essence of the problems affecting us in one way or 1506 PARLIAMENTARY DEBATES July 1, 2008 the other and in any given situation. There must be a legal framework that will help them to determine the strategic priorities which can be recommended to the Government for the purpose of change. They should also be in a position to monitor and do all other things. Madam Temporary Deputy Speaker, if you look at Subclause (p), we do not want to create Acts of Parliament and Commissioners whose business is only in consonance and in tandem with the Act that establishes them. These particular Commissioners and the Act that we shall put in place should have an input in its own work by engaging Sub-clause (p). They should undertake research and studies and make recommendations to the Government on any issue relating to ethnic affairs, including information whether ethnic relations are improving or not. So, they should not just go there and sit to earn a salary. They should be proactive. They should look ahead and analyze on the basis of the information available to them. They should be able to inform this House how they are progressing. After all, they will be reporting to this House through the responsible Minister at that time. They should make the necessary recommendations as is stated in Subclauses (q), (r) and (s). Looking at the overall strategy of this Bill, it will really bring harmony and peace. There is no alternative. Peace is a very expensive commodity and you must insulate it in order to reach tangible social and economic growth. You must, of necessity, insulate peace. Without insulating peace, we will be talking at cross-purposes and in parallel systems. No nation will move. Our children were totally devastated and they have yet to erase the memories of the recent events. Therefore, one way in which we want to bridge this gap is by creating an enabling environment where children will soon learn about the past events. To that end, we in the Ministry of Education have realised that this is a very fertile group of people who are likely to form prejudices that will be very difficult to clean up in the years to come. We, therefore, shall be launching a peace manual, that is, how a child will look at another from another tribe. They should look at each other as schoolmates and not enemies regardless of whatever political events that may have taken place. They are supposed to be good friends and neighbours and need not involve themselves in what has already happened. Madam Temporary Deputy Speaker, the peace manual will be in a form of a curriculum that they will have to go through. As part of the teaching process, there will be an in-built counselling that will help our children to overcome this debacle. It is a good thing and I would like to encourage hon. Members to be part of this process so that we can make our children learn faster. Another manual that we are rolling out is the safety manual. Our children must be safe in our schools, roads and other places. It was a very painful event yesterday when I learnt with agony the death of children from Marani Primary School. On their way to the music festivals in Kisumu, they unfortunately had a very bad road accident. We lost about four children and the others were injured. I take this opportunity, through this august House, to pass my condolences and of hon. Members to the bereaved families. It is not the intention of the Government to create any problem. These children were going to Kisumu to share in the music festivals with other people in Nyanza Province. They had a message of hope and peace. When the festivals reach the national level, I am sure that is what we are going to see being exhibited by the children themselves. It is, therefore, important that we take every single event, be it a cultural, musical, church or funeral to promote race and ethnic relations that bring fresh memory of good things and not bad ones. This Bill, however small it may look, is very rich in the functions that it is calling upon. Above all, the Commissioners should monitor and report to the National Assembly the status and success of implementation of the recommendations. I think the rest of the Bill deals with the normal administrative process. It deals with how they will be getting their funds from Parliament; how to administer the process and how to do it. That is clearly set out in the schedules. So, when you look at the first Schedule, it lays down the procedure to be followed by the July 1, 2008 PARLIAMENTARY DEBATES 1507 National Assembly in nominating persons for eventual appointment as Commissioners by the President. Once again, the National Assembly is being given the opportunity to nominate those people; who should be people of integrity, high calibre and who are beyond rebuke. Therefore, this House, will, once again, be called upon to carry out that noble function. The second schedule provides the manner in which they will take their oath; both the Commissioners and the Secretary. The third schedule contains the provisions on the conduct of affairs and business of the Commission. With those few remarks, I beg to second."
}