INTER-VARSITY HUMAN RIGHTS DEBATE

VENUE: KABARAK UNIVERSITY

PARTICIPANT: JKUAT STUDENTS

TEAM: MARY WANJIRU MWAURA

PETERSON NGAI KIBAKI

ACTION PAPER

TOPIC: UNSPOKEN REALITIES OF DISCRIMINATION

INTRODUCTION

According to law definition- Discrimination refers to the treatment or consideration of, or making a distinction in favor of or against, a person or thing based on the group ,class, or category to which that person or thing belongs rather than on individual merit.

Discrimination can be the effect of some law or established practice that confers privilege on a certain class or denies privileges to a certain class because of race, age, sex, language, nationality, religion etc. There are various laws put in place that prohibit the types of discrimination that are there in the society. They include; - Racial discrimination laws

- Gender discrimination laws

- Disability discrimination laws

- Employment discrimination laws

- Workplace discrimination laws

These are just but a few of the types of discrimination in the society and which some of them still continue to be practiced till date. Almost every state has put in place laws that prohibit any form of discrimination to the extent of laying it down in their Constitutions. For example, The Constitution of Kenya provides the following rights and freedoms to the individual; ‘There shall be no discrimination on the grounds of race, tribe, and place of origin, political opinion, color or creed.’

However, much is unspoken of the realities of discrimination. A lot of discrimination goes round today even with the various laws in place to curb this. It is a disease that many are suffering from, eating them up every day but who will not talk about or admit it. At times in some incidences of discrimination, people will not voice out this terrible act due to various reasons such as fear and all they can do is watch with so much pain in their hearts. To show this you will hear people make statements such as, ‘Kwani Mimi si mtu Kama yeye?’ (Swahili). ‘Yeye’

meaning the person who has been favored at the expense of another. The reality on the ground is seen round the world. Human rights Defenders can tell you this for free. In our world today, you will hear that to enter or work in a certain organization you have to be of a certain tribe, class, be able to speak several languages etc. yet people remain in silence. What of in our African culture? Women in many African states are still being discriminated in workplaces, homes and other aspects the society but in silence with only a few voicing out their predicament. These are just but a fraction of what is happening in the real world. We talk of a fight against discrimination but many have denied its existence yet they know it is still there eating up the society (we have taken years building) like a cancer.

GLOBAL PERSPECTIVE

PROTOCOL NO.12 TO THE EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS, article 1- General prohibition of discrimination, no.1- It shows that the Member States of the Council of Europe resolved to take further steps to promote the equality of all persons through the collective enforcement of a general prohibition of discrimination.

CAIRO DECLARATION ON HUMAN RIGHTS IN ISLAM, 1990, article 1a- It shows the recalling of the Arab world that the United Nations Charter and International human rights instruments affirm the principle that human beings shall enjoy fundamental rights and freedoms without discrimination of whatever nature.

AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS, 1981- PART 1- RIGHTS AND DUTIES, CHAPTER 1- HUMAN AND PEOPLES’ RIGHTS, article 2- It shows the consciousness of the Organization of African Unity to achieve the total liberation of Africa, the People of which are struggling for their dignity and genuine independence, and undertaking to eliminate colonialism, neo-colonialism and all forms of discrimination on language, religion, or political opinions.

NATIONAL SITUATION

With regard to this we see that as a nation the government has not been left out in taking its stand against this evil disease. For example, The Constitution of Kenya provides the fundamental rights and freedoms to individuals against discrimination. The government has also created a body that deals with issues regarding Human Rights which also involves fight against discrimination. – KHRC (KENYA HUMAN RIGHTS COMMISION). It has also shown its stand by giving compensation or redress to people who have gone through discrimination and as a result suffered inhumane treatment or torture. For example, IDPs in Kenya. (INTERNALLY DISPLACED PERSONS). The media by itself has also shown its stand by playing a part in showing cases on discrimination, its effects and possible solutions from various parties’ concerned, relevant authorities etc. An example of a case highlighted by the media is on ‘Harassment cases of workers in Arabic countries such as, Saudi Arabia.

THE SOLUTION

Despite the problems that come with discrimination, all is not lost as there could something done to eradicate this evil. Just to mention a few;

-Campaigns and more campaigns by the various organizations and bodies in various states against discrimination,

-Establishing effective laws and measures against any perpetrator and

- Relentlessly encouraging the society on unity and its importance.

REFERENCES

OXFORD; BASIC DOCUMENTS ON HUMAN RIGHTS, 4TH EDITION, EDITED BY IAN BROWNIE & GUY S.GOODWIN-GILL

FROM CIVIL TO HUMAN RIGHTS (DIALOGUE ON LAW AND HUMANITIES IN THE UNITED STATES AND EUROPE), BY HELLE PORSDAM

MARK GIBNEY, INTERNATIONAL HUMAN RIGHTS LAW; RETURNING TO UNIVERSAL PRINCIPLES (LANHAM, MD: ROWMAN &LITTLEFIELD PUBLISHERS, INC 2008)

THE CONSTITUTION COF KENYA, 2010.