19 Nov 2019 in Senate:
Thank you, Mr. Temporary Speaker, Sir, for giving me an opportunity to support this Bill. I commend Sen. Kasanga for coming up with this Bill. Indeed, it is a noble Bill because there are times when cases take too long within the corridors of justice. There are instances when justice is actually delayed. Once justice it is delayed, it is not impactful even for those who have been seeking for it. Before the colonial days, there were alternative ways of resolving conflicts; even traditionally. Land, marriage and responsibility issues that keep coming up used to there during those days. There ...
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19 Nov 2019 in Senate:
Therefore, in as much as you are talking about traditional ways, the Bill actually seeks to ensure that it protects such issues. The Bill also seeks to protect anything that will be inconsistent with the Constitution. The Bill is, therefore, advocating that any written law that is acceptable should not be flouted in the process of resolving conflict. Mr. Temporary Speaker, Sir, another object of this Bill is to provide effective mechanisms for dispute resolution. There are quite a number of ways of resolving a dispute. According to this Bill, one can take different approaches in resolving a dispute. You ...
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19 Nov 2019 in Senate:
should happen like an attack, you can always go to your neighbor for help. However, in a situation where neighbours have tried to solve a conflict legally and it has not worked, you do not expect these neighbours to be friends. In case of an emergency, you do not expect these neighbours to be there for each other. It is important for neighbours to live harmoniously.
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19 Nov 2019 in Senate:
Another guiding principle is that of impartiality by the conciliators, mediators or resolvers. When it comes to a conflict, the mediator needs to be as sober as a judge, impartial and not try to side with one person at the expense of the other. This is because the mediator also has an image to protect. Not everyone can be a mediator. Traditional mediators should be people who are really conversant with the traditions of a given place or community. Not just anybody from anywhere can be picked to become a mediator. A mediator should be well versed, sensitive, objective and ...
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19 Nov 2019 in Senate:
Mr. Temporary Speaker, Sir, a mediator can also merge different ways of resolving a conflict as long as he is able to meet his goal. That is, reconciliation, conflict resolution, mediation and even negotiation. Conflict resolution should result into be a win-win situation and not a winner- takes-it-all. So, the mediator should ensure that he mediates in such a way that both parties are satisfied that the mediator has taken the right approach.
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19 Nov 2019 in Senate:
In the event of mediation, for example, in a situation where there is a land dispute, there is need for witnesses to be present. However, sometimes witnesses can die and then there is no one else to give a witness account. Therefore, there is also need for written information so that it can be referred to at some point. Written communication is more permanent than audio communication. Even in a community, people can refer to the written communication and say there was a conflict between family A and B concerning this piece of land. As a result, village elders came, ...
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19 Nov 2019 in Senate:
Thank you, Mr. Temporary Speaker, Sir, for giving me the opportunity to second the amendment of this Bill. When talking of intersex medically termed as hermaphroditism. These are persons---
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19 Nov 2019 in Senate:
Thank you, Mr. Temporary Speaker, Sir. I support this Bill. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.
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19 Nov 2019 in Senate:
The intersex people go through a lot of humiliation, stress and violation of human rights. I support the amendment of this Bill. This Bill states that; ‘"intersex" means a person who is born with physical or genetic features that are— (a) neither fully male nor fully female; (b) a combination of male and female; or (c) neither male nor female;’ This definition will hurt the child. Article 53 (a) of the Constitution states that;
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19 Nov 2019 in Senate:
‘Every child has the right— (a) to a name and nationality from birth;’ This definition means that the different physical and biological changes that will go on in the life of an intersex person at puberty level will not be acknowledged. That will make the child to be more frustrated. The proposed amendment that intersex means a person who is considered born with a biological sex characteristic that cannot be exclusively categorized in the common binary of female or male due to their inherent and mixed anatomical hormonal, gonadal, ovaries and testis or chromosomes ‘x’ and ‘y’ patterns which could ...
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