New Draft Constitution Has Enough Safeguards For Women

BY SHADRACK MBAKA

November 30, 2009

Events taking place in Equatorial Guinea last weekend got me thinking about the relationship between women and men in regard to leadership or positions of power. As President Teodor Obiang Ngwema held his final campaign rally in Malabo (capital city) last week, pictures aired by an international TV channel of women r- dancing vigorously to welcome him as he arrived to address the rally struck me.

But I could understand the circum- stance as the situation just mirrors' what occurs around Africa. From time to time, we have watched similar pictures of impoverished women take to the stage to entertain leaders, mostly men. Women's role in political gatherings has predominantly been that of serving tea and entertaining guests. The gender disparities in Africa which hamper the full participation of women in leadership are still persistent. And perhaps that's why I believe women in Kenya should support the new draft constitution.

The document makes a significant attempt to address the numerous hurdles that have continued to prevent women and girls from contributing to the development in Kenya. It opens a window of opportunity to the myriad challenges women endure in their quest to engage in competitive politics.

Chapter six of the document, puts it in unequivocal terms that, "women and men have the right to equal treatment including the right to equal opportunities in political, economic, cultural and social activities." The chapter further points to the fact that the state should not discriminate any person on any ground including pregnancy. This effectively criminalises circumstances where pregnant women have been denied jobs.

This chapter on Bill of Rights also provides entitlement of equal rights to married couples. Then there are clauses on the rights of a child which are very beneficial to mothers. The provision that "all children whether born within, or outside wedlock, are equal before the law" should be welcome to women.

During the 2007 elections many women left no doubt that the political leadership favoured their male counterparts at the party nomination process and the violence that characterised the whole process made many women lose the nominations. . This could be a thing of the past if the draft constitution is adopted as it provides for independent candidates in chapter 10.
Even as the debate on the draft continues, the challenge ahead is for the differing voices to reach a common ground on contentious issues. So far Kenyans across the nation seem to be asking all the rights questions, my concern is whether the politicians are providing the right answers.

Shadrack Mbaka is a Communication student at Egerton University