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"content": "authoritarian system into a new republic, where democracy and human rights become part of the culture of governance in this country. Mr. Speaker, Sir, having said that, I think it is important to look at where this Bill is flowing from. That is because it is a very important Bill. This Bill flows from the Constitution itself and not from the relevant sections that the Minister has cited as establishing the Commission. The very centrality of this Constitution is actually reflected in this Bill. I would like to say, without any fear of contradiction that, with the new Constitution, in creating a new democratic republic, the issue of human rights has become a central structure and framework in our new constitutional order. Indeed, I may say that it is the basic foundation and pillar of this Constitution. Without it, we cannot really say that we have a new constitutional order that is democratic and is protective of human rights. Democracy without human rights cannot be democracy. Indeed, what we have seen happening in the Arab World and even in the First World--- We have seen what is happening in the UK. It shows very clearly – if I may comment without going into the internal affairs of what is happening out there in the First World – that part of the conflict and commotion that is leading to unrest is lack of adequate concern for rights of the citizens. The rights of the citizens are not given by Governments. They are not granted by any Government. They are inherent in every individual. As it were, if you are religious, they are God given. To that effect, the provision in the Constitution on governance and culture - this is a very unique Constitution that makes provisions for the role of culture in our system--- But I want to say that in this new Constituency, everything else; governance, culture--- This is just part of the super structure. But the foundation and basic pillar of our second Republic that was proclaimed by the President on 27th August, last year is based on the dignity of man and respect for human rights. If you agree with me on this one or you do not agree with me, you just have to look at Article No.10 which deals with National Values and Principles of Governance, part of which include respect for human rights, human dignity and non-discrimination. These are central things in any Bill of Rights. Indeed, if you go through our Bill of Rights as contained in Chapter 4, you will find all these provisions that relate to human dignity, human rights and non-discrimination. Article 19 of Chapter 4 says that the Bill of Rights is an integral part of Kenya’s democratic State. It is an integral part. That is a statement that is not found in many Constitutions. But in this Constitution, we have said: “For the avoidance of doubt, wherever you are performing any Government functions - you may be a magistrate, a policeman or a Member of Parliament - you are fore-warned that the Bill of Rights is an integral part of Kenya’s democratic State. If you are talking about this Republic, its centrality lies in human rights and it forms the basic framework for social, economic and - I dare say – even cultural policies. So, if you make any laws - and in fact, some judges have found--- If any law is enacted by any parliament as of right, even if it is not clearly stated in any of those provisions, you must read in the provisions that relate to human rights. That is because once you declare yourself a democratic state that observes human rights, you need not, in every law, state that there shall be respect for human rights and all that. The Constitution, itself, in that same Article 19(2), talks about the constitutional objective of making human rights a central pillar and foundation of the Kenyan system of governance. It says, and I will not quote word for word: “It is for the protection of human"
}