Self-determination:The missing Article in our Constitution

There seems to be a lot of energy centered on changing the Constitution. The energy as always is coming from the leaders. Since they decide what happens in this country, perhaps it is time to give some opinions what the changes should include.

Self-determination is a cardinal principle in modern international law which allows those who feel subordinated to pursue it.  It states that people, based on respect for the principle of equal rights and fair equality of opportunity, have the right to freely choose their destiny and political status with no interference.

So, how will the right to self-determination help this country? All tribes and communities in Kenya can be grouped into two in the context of this article on self-determination. Those who feel not fully included in the political and other spheres of life, as the so called building bridges group is working to solve, and those who exclude them.

The mere fact that the excluded know if all else fails, they have the option of walking away, reassures them greatly.

On the other hand, the alleged oppressors will be conscious of the fact that abuses and violations of rights could lead to people voting with their feet rather than the voter’s card.

Post-election chaos could have been avoided if self-determination was part of our Constitution because people only go to war when they feel they have no avenue to address their grievances. The aggrieved party in 2007 would have shouted self-determination and the matter would have ended up in Parliament, just like Brexit without bloodshed.

Emotions and fear

Some may view the proposal cynically, but it might be the answer we have been waiting for if explored objectively.

The self-determination concept raises fundamentally important ethical and political questions for two reasons; one because of our national ethnic make up and two, it is a basic human right just like the right to life and liberty.

Others may say the concept evokes emotions and fear, but it also evokes aspirations, expectations and hopes.

The idea of self-determination is a guarantee not to be subjected to the violations of human and democratic rights. Any country willing to respect and treat its citizens’ rights has nothing to fear to include a self-determination Article in its Constitution.

Self-determination is not a new concept in the region. In Ethiopia, following disastrous civil wars between the central government and various ethno-liberations fronts, a federal system was introduced in the Constitution in 1995.

Since then, the economy and governance of Ethiopia have improved. Catalonia of Spain declared independence from Spain, which is still not out of the woods. With Brexit, the island may not stay together for long; Scotland is in favour of remaining and is clamouring for independent Scotland. It all boils down to the right of the people to choose their political destiny and check-mate abuses.

Currently, Kenya is bleeding and has been taken down by few through corruption and nepotism. It is time we changed strategy. A lot of people have lost confidence in their leaders and to some extent those governing have lost legitimacy. The future of our children and the future of this country will largely depend on whether we critically think of what is good for this country or    issues and discredit those with different but important ideas.

Next review

It has been the desire of part of our nation to self-determine when they lost confidence in the election systems and the electoral bodies. People must only be governed with their consent and confidence and should not be treated like they are someone’s guests.

Whatever criticism people may have about self-determination, it should be considered in the next review. We have often been reminded that power is with the people as stated in the Constitution but we have seen and know that power is actually with a few individuals. And in reality there is no one people in this country as stipulated by the Constitution.

There are peoples in this country and it is manifested in how national leaders talk about “their people” which means a particular group of people as opposed to the people of Kenya.

Let us breathe some life into Article One of the Constitution by including self-determination. Self-determination will help us break down the problem of “people” into its component parts and solve the problem of the elusive power with the people.

‘One people’ electorate seems to work only for the few at the top; it is time to change strategy and try the ‘many people’ electorate. The bridging we need is the divide between the representatives and the disillusioned electorate.

Mr Abdikadir is an Advocate of the High Court of Kenya