Saturday, June 5, 2010

The Problem

Recently, the COE in the Government of Kenya wrote, and proposed a new draft constitution, which agreed on by many of the voters in Kenya. In Part 2- Rights and fundamental freedoms, in the section of ‘right to life’, in clause number four of the proposed constitution, it is stated that “Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or the health of the mother is on danger, or if permitted by any other written law.” Therefore, Abortions are illegal in Kenya under current law, but hundreds of thousands of women still seek them each year. The existing law, however, does allow a doctor to perform an abortion if a woman’s life is in danger.

Various churches in Kenya, including the National Council of Churches of Kenya disagrees to this, for they do not want abortion to be permitted in the Kenyan law, whatever the circumstances of the mother may be. in their view, it does not affirm religious freedoms and, according to their interpretation, it does not expressly outlaw abortion.An American-based group, who are also a part of the debate, and are also, like the Kenyan churches, opposing the clause on conditional abortion has donated “tens of thousands of dollars” to help defeat Kenya’s proposed constitution.
This is a problem in our nation, because it creates conflict between the christian group (which, as a matter of fact, creates a big percentage of of the citizens in Kenya), the Kenyan government. To make matters more complicated, both sides are supported by various American-based groups.

Video


From: http://www.youtube.com/watch?v=LSPekBaqeh8

This Video is about the views of the MPs in Kenya about this clause.

US $ fuelling church campaign

To make the Debate between the government and the Church leaders more complicated, there has been interference of a Washington-based anti- abortion group and the money it is sponsoring to help defeat the proposed Constitution, as revealed in the article 9 from the Nation media group) below :

US dollars fuelling Church campaign

By KEVIN J. KELLY, SUNDAY NATION Correspondent in New York
Posted Saturday, May 1 2010 at 21:00
In Summary

•Washington–based anti-abortion group says it is donating ‘tens of thousands of dollars’ to help defeat Kenya’s proposed constitution
•The churches say they have no foreign source of cash in their campaign against the draft law but one of them is getting ‘tens of thousands of dollars’


An American-based group opposed to abortion has said it is donating “tens of thousands of dollars” to help defeat Kenya’s proposed constitution.

The American Centre for Law and Justice’s Jordan Sekulow, told the Sunday Nation that his Washington-based organisation is working through its office in Nairobi to tell Kenyans that the draft constitution would allow “abortion on demand”.

It is the first revelation of foreign funding given to church leaders in Kenya to campaign against the draft constitution.

The American Centre for Law and Justice is a non-governmental public interest law firm founded in 1990 by the controversial televangelist Pat Robertson well-known in Kenya for his programs on the Christian Broadcast Network.

Information available on the Internet indicates the centre has an annual budget of about $14 million (about Sh1 billion).

Mr Robertson stirred up a barrage of criticism with his remarks that Haiti had “made a pact with the Devil” that earned them the earthquake that left more than 250,000 Hatians dead in January.

Extreme right

The “deal”, according to Mr Robertson, was made by the black inhabitants of the Caribbean island nation in order to gain freedom from their French masters in 1804.

Mr Robertson and Mr Sekulow are behind the Washington-based NGO that has established a centre in Nairobi to work against the proposed draft and to develop a strategy for Christians to lobby Parliament over future law reforms.

In America they are referred to as the extreme Christian right and favour conservative social policies and very limited or no government role in the economy.

Kenyan church leaders have vowed to fell the proposed law because, in their view, it does not affirm religious freedoms and, according to their interpretation, it does not expressly outlaw abortion.

The American organisation’s outlet in Kenya is the East African Centre for Law and Justice.

A statement on the US organisation’s website on January 27 this year announced the centre’s establishment and says, “This is only the beginning. The EACLJ will be a centre that will change the landscape of legislation for all Kenyans and eventually all of East Africa’s citizens.”

It is signed by Executive Director Joy Mdivo and Bishop Mark Karuki of the Deliverance Church Kenya.

The revelations come a day after NCCK secretary-general the Rev Peter Karanja said the organisation was not receiving foreign funding to run its No campaign. The Deliverance Church is not a member of the NCCK.

Reached on Saturday evening, Bishop Kariuki told the Sunday Nation he did not wish to comment on the donations until after he had spoken to Mr Sekulow.

Activists associated with similar groups in the United States are also shipping brochures to Kenya in an attempt to persuade voters to reject the proposed constitution because of a provision that would permit abortion when a woman’s life is in danger.

Although the Constitution guarantees the right to life, and the draft provides that life begins at conception, church leaders have vowed to fight it because of its provisions on abortion and kadhis’ courts.

They object to the section of Article 26 that empowers doctors to end a pregnancy if it endangers a woman’s life or she needs emergency treatment.

The section reads: “Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other law.”

Christian leaders are also opposed to the retention of kadhis’ courts in the proposed constitution under Article 169 and 170. The courts have limited authority to arbitrate disputes over personal status, marriage, divorce or inheritance where all the parties are Muslims and agree to take the case to a kadhi.

The anti-abortion movement in the United States argues that the wording of the Kenyan draft constitution would in practice make abortion much more widely available in Kenya.

Under the Penal Code, the current Constitution permits abortion when a woman’s life is judged by a medical professional to be in danger.

The head of the New York-based Centre for Reproductive Rights has asked Secretary of State Hillary Clinton to encourage the Kenyan government “to ensure that the new constitution does not undermine access to safe and legal abortion services, which are crucial to protecting women’s basic rights”.

The same organisation issued a report in March estimating that at least 2,600 Kenyan women die each year as a result of unsafe abortions.

The Obama administration has expressed its support for the proposed constitution.

And although neither President Obama nor Secretary Clinton has spoken out directly on the issue of abortion in Kenya, both leaders do generally favour a woman’s right to terminate a pregnancy.

On April 3, 2010, the White House issued a statement supporting the progress made in search of a new constitution.

“We are encouraged by the strong statements made by President Kibaki and Prime Minister Odinga in support of the draft,” said White House press secretary Robert Gibbs.

“A unified effort to see this important reform element through can help to turn the page to a promising new chapter of Kenyan history. We urge all Kenyans to focus on the future of their nation and to unify in support of a peaceful and credible referendum and electoral process.”

But Mr Sekulow, the anti-abortion attorney in Washington, told the Sunday Nation that his organisation supports “99 per cent of what’s in the draft constitution.”

Promote stability

He said he recognises that the proposed document includes reforms intended to promote stability in Kenya.

Mr Sekulow and other anti-abortion campaigners in the United States argue that the draft should nonetheless be rejected because it does not unequivocally prohibit abortion.

In 2005, Mr Sekulow was named one of the “25 Most Influential Evangelicals” in America by Time magazine.

Jeanne Head, a New York-based official with the anti-abortion National Right-to-Life Committee, said that her organisation “is assisting friends in Kenya by sending them brochures” to be used in the referendum campaign.

Her organisation, the largest of its kind in the United States, is not supplying funding to groups in Kenya, Ms Head said.

Held forum

Mr Sekulow said his group is using donations from its supporters in the United States to fund the activities of the Nairobi-based East African Centre for Law and Justice, which was established early this year.

He added that he could not specify how much money might eventually be provided, but he said the amount so far numbers in the “tens of thousands of dollars”.

Mr Sekulow is a frequent guest on American television and is frequently quoted in the mainstream press.

According to the website, the East African satellite recently “held a consultative forum with members of various professions on the wording of the draft proposed to the Select Committee on the Constitution”.

“In conjunction with Deliverance Church, the EACLJ will be initiating a grassroots effort to bring to light the importance of the new Kenyan Constitution,” says the statement

A Journalists Opinoin

Whilst reading the newspaper (Sunday Nation)last month, I came across an article on the view of the jounalist, reguarding the debate on the abortion clause in the new constitution. I thought that this article brought in a new perspective to this debate, therefore, i decided to share it.

Abortion debate shows we are a nation of hypocrites
By RASNA WARAH
Posted Sunday, April 11 2010 at 19:09

I have often wondered why the dead are more revered than the living in Kenya and why the unborn are valued more than those that are alive.

Why should a funeral be the biggest event in a person’s life and not his birth? What hypocrisy allows us to hold feasts at funerals, even knowing that the deceased left a wife and children in abject poverty?

We worship the unborn foetus but not the woman who bears it for nine months. And when the child is born, we worry less about her future than about whether she was baptised or circumcised according to religious or ethnic edicts.

We go to church on Sunday and then steal from innocent Kenyans the rest of the week. We loudly profess our love and loyalty to Jesus, Allah, Ram, Krishna, Ngai, the Virgin Mary, Buddha ,or Guru Nanak and then treat our fellow citizens with disdain.

We pray before meetings and then pass decisions that are not in the interest of all of humanity but only in the interest of those gathered at the meeting.

We are, in essence, a nation of hypocrites.

And no other group takes the cake for hypocrisy than our religious leaders. That is why at a time when the country has one opportunity to unite to heal the wounds of the past, church leaders are gathering their flock to break this unity and create doubt in a constitution that cost several hundred lives and millions of shillings to draft.

Why?

Because they believe that if a constitution allows it, every pregnant woman in Kenya will run to a clinic and demand an abortion.

Well, this may be news to the clergy, but abortion is more widespread than they would like to believe — with or without a constitution that sanctions it.

Many studies have shown that girls, particularly those in city slums, resort to abortion when faced with an unwanted pregnancy.

Girls all over the country are procuring illegal, unsafe, and unhygienic abortions in back-street clinics through untrained abortionists who use the most crude methods to get rid of foetuses.

Those who don’t die from these procedures end up in the emergency wards of public hospitals, where doctors clean the uterus and try to save the girls’ lives.

In other words, abortion will occur in this country whether we like it or not, or whether or not it is legalised.

THESE WOMEN AND GIRLS ARE NOT evil. In many cases, they are victims of rape or incest. Ignorance about the use of contraception or about their own bodies makes them particularly susceptible to unwanted pregnancy.

The issue at stake here, the way I see it, is not whether the Kenyan constitution allows abortion in certain circumstances or not. The battle for or against abortion has never been about the unborn child or the sanctity of life, but about who controls women’s bodies.

Because if every human life in Kenya were sacred, were a gift from God and had intrinsic value by virtue of being human, then we would not be treating each other with such contempt and suspicion. We would not allow half our country’s population to wallow in poverty and allow a handful to loot state coffers.

We would not exploit our labour or mistreat our women and children.

No, the battle the clergy is waging is the battle for women’s bodies. This is a battle that has been waged since time immemorial.

And the simple reason for this is that men — who control most religious institutions in the world — have never been able to get over the fact that it is women, not men, who are biologically built to perform a function that has been attributed to a male God — creation.

That is why the loudest voices against contraception and abortion have always been male.

No male will ever know or experience menstruation, pregnancy, or the hormonal changes associated with menopause. They can never really understand the joy — or pain — of giving birth.

In many cases, they are not even sure if the child they believe they sired is actually theirs or belongs to another man — that is something only a woman can know. So they have for centuries subjugated, veiled, confined, and oppressed women so as to have control over their bodies.

Yet, and this is the irony, women and girls have been obtaining abortions for centuries, even in countries where they are extremely difficult to obtain.

The draft constitution Kenyans have before them does not even mention abortion-on-demand as a right, yet one would think, going by the clergy’s proclamations, that having an abortion will become as easy as removing a tooth once the new constitution is passed.

(rasna.warah@gmail.com)

A Moving Poem

I came across this poem on YouTube i thought of sharing it with all of you. I hope it triggers your opinion based on abortion.It is writen in the fetus' point of view.


Month one

Mommy
I am only 8 inches long
but I have all my organs.
I love the sound of your voice.
Every time I hear it
I wave my arms and legs.
The sound of your heart beat
is my favorite lullaby.

Month Two

Mommy
today I learned how to suck my thumb.
If you could see me
you could definitely tell that I am a baby.
I'm not big enough to survive outside my home though.
It is so nice and warm in here.

Month Three

You know what Mommy
I'm a boy!
I hope that makes you happy.
I always want you to be happy.
I don't like it when you cry.
You sound so sad.
It makes me sad too
and I cry with you even though
you can't hear me.

Month Four

Mommy
my hair is starting to grow.
It is very short and fine
but I will have a lot of it.
I spend a lot of my time exercising.
I can turn my head and curl my fingers and toes
and stretch my arms and legs.
I am becoming quite good at it too.

Month Five

You went to the doctor today.
Mommy, he lied to you.
He said that I'm not a baby.
I am a baby Mommy, your baby.
I think and feel.
Mommy, what's abortion?

Month Six

I can hear that doctor again.
I don't like him.
He seems cold and heartless.
Something is intruding my home.
The doctor called it a needle.
Mommy what is it? It burns!
Please make him stop!
I can't get away from it!
Mommy! HELP me!

Month Seven

Mommy
I am okay.
I am in Jesus's arms.
He is holding me.
He told me about abortion.
Why didn't you want me Mommy?

Every Abortion Is Just . . .

One more heart that was stopped.
Two more eyes that will never see.
Two more hands that will never touch.
Two more legs that will never run.
One more mouth that will never speak.


AUTHOR:
RockinKinochi

DATE:
June 22, 2009

Opinion of citizens

Kenya is a democratic country, meaning that it is by the citizens, for the citizens and about the citizens. Therefore, i decided to interview two Kenyan citizens on the topic of abortion . here is what they have to say:


INTERVIEW

Interviewee: Ms Samara Visram , Mr Gorave Gupta

• What do you think about abortion in general, should it be allowed, legally?

Honestly, I don’t like the idea of abortion as it is like killing someone. Although, I think it should be allowed legally even if the mother or the baby’s life isn’t in danger. For example if a young thirteen year old girl was pregnant and wasn’t allowed to abort the baby all her education would have to come to an end.

No, because it is like killing a human being, equivalent to committing a murder. If we can not give a life, we have no right to take away life. It is also risking the life of the woman for she is aborting the child.

• The new constitution states that “Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or the health or the mother is in danger, or if permitted by any other written law.” What is your opinion on this clause?

I don’t agree with this clause as I think you should be allowed to have abortion even if it is not an emergency. I think the constitution should allow abortions but only those that have been allowed by trained health professionals.

I fully agree with the clause. An adult has to be educated enough how not to conceive, as this is no game or fun to take away the life of an unborn baby.

• Imagine the following situation; ‘a young girl, aged 11 has been raped and she falls pregnant. She is an orphan, (her parents died and her relatives abandoned her) who lives in the streets with a younger sibling and can hardly afford a meal in two days. She is an HIV/AIDS victim. She wants to abort the child because she does not have enough money to give him/her a good upbringing, and there is a high possibility of the child being and AIDS victim too.’ Do you think she should be allowed to abort the child? Justify your answer.

Yes, I think she should abort the child because it wasn’t her wish to yield the child. The fact that she is a HIV/AIDS victim and a street child makes it even more difficult to nurture a child. I don’t think it would be fair for the child and the mother to be put through this. The 11 year old girl would also have no help or doctor to assist in the nurturing of the child.

First of all it should be a law that the age of giving birth should be 18, as the girls body is only ready by then. It should be a law that no girl is allowed to give birth to a child before the age of 18. Even the government should assist in her abortion. She should also be given financial and health, and education assistance by the government, so that when she grows up, she will be able to lead a good life and will be able to nurture her kids.


• The churches in Kenya are protesting against abortion, and would not like it to be legalized, whatsoever the case, what is your view on this protest?

I think that the Members of the Churchs must have made this descision for a reason. I think they should make exceptions for this law.

If the churches in Kenya are protesting against healthy adults going for abortions, then only will I support them.

• Would you vote against the proposed constitution, because you are/ are not in agreement with the clause on abortion? Why or why not?

Yes, i would vote against the draft constitution as this is a major problem in our country due to the poverty levels. I believe that this issue needs to be sorted as many children who are experiencing poverty are raped/sexually abused and it wouldn't be fair to put them through such a tough phase (giving birth) at this age.

No, I would not have voted against this constitution despite the fact I am not in agreement with the clause on abortion because I am in agreement with the rest of the changes in the constitution, such as the clause on land ownership.


• There was an article in Daily nation online in April 11th that pressed on the opinion that the riots on abortion prove that we are a nation of hypocrites. Do you agree with this? Why or why not?

I think these people are just expressing their thoughts and feelings, they have a right to although they shouldn’t go to such extents.

Yes, I do agree with this, for why should the death of a person is the biggest event of their life and not their birth? And why are the majority of the people rioting against this clause man, despite the fact that abortion is not as easy as loosing a tooth, it takes time for the mother to deal with the circumstances and finally come to a conclusion.

• In the Sunday Nation, on May 1st, there was an article which stated that a Washington-based anti-abortion group says that it is donating ‘tens of thousands of dollars’ to help defeat Kenya’s proposed constitution. What is your opinion about this?

I think that the Government may not allow this to happen since the aim is to defeat the draft constitution.

I think that the people of Kenya should reject such interference to their own thoughts and should be allowed to make up their minds on their own. In a nutshell the government should not allow the group to finance opposition to this single clause of the constitution and thus risk defeating the total draft constitution.

• Do you think that abortion should be allowed, if the birth of the baby will affect the mother’s mental/ physical health? Why or why not?

Yes, I think it should be allowed as if the doctor knows that it is going to affect the mother’s mental/physical health it is not worth having the baby. The mother may not be able to get pregnant again if she has had to abort a child because of a reason like rape.

Yes, abortion should be allowed especially if it can guarantee the health of the mother because the mother is already a fully grown human being and the child has just been conceived, thus we do not know how the child id going to grow up ( without a parent, health problems etc…)

• In your opinion, should the age and the financial status of the mother- to-be taken into consideration whilst making the decision on weather the abortion should be passed as legal?

Yes, I think those are some of the most factors that need to be taken into consideration as one who is experiencing poverty won’t be able to give absolute care to their baby.

Yes, but it should be limited to the health aspect of the mother and a legal child-bearing age should be set because of the body limitations of under aged girls.

• Despite the fact that no male will ever know or experience menstruation, pregnancy, or the hormonal changes associated with menopause. They can never really understand the joy — or pain — of giving birth. And almost all the people campaigning against abortion are-men. Don’t you think that this is pretty ironic? Why?

I think that some of the men may have campaigned against abortion due to this fact. Some may also consider the fact that every time you abort a child, you are killing a person.

Given the above statement strongly supports women to take the decision for / against abortion, it is indeed ironic, however the men are perceived to be the bread-winners of the family and in such cases it may be their economic outlook or just their male egoism that drives them to be against abortion.

Bibliography

INFORMATION:

http://www.indiavisitinformation.com/indian-law/Abortion.shtml http://www.efc.org.uk/Foryoungpeople/Factsaboutabortion/MoreonUKabortionlaw http://www.youtube.com/watch?v=LSPekBaqeh8
http://www.nation.co.ke/oped/Opinion/Abortion%20debate%20shows%20we%20are%20a%
20nation%20of%20hypocrites%20/-/440808/897506/-/view/printVersion/-/bncln/-/index.html
http://www.nation.co.ke/News/politics/US%20dollars%20fuelling%20Church%20campaign%20/-/1064/910432/-/view/printVersion/-/10sfbmaz/-/index.html

PICTURES:

search engine: www.google.images.com
( all pictures are sited on the blog as a caption )

ACKNOWLEDGEMENTS
  1. Ms. Samara Visram
  2. Mr. Gorave Gupta
  3. Mrs. Ruchi Gupta
  4. Mr. Serem

My Opinion

According to me, the decision on abortion should be left to the going-to-be mother and it should be legalised worldwide to ensure that the process happens in a safe manner.