Human rights groups fight merger proposal

By Benjamin Muindi bmuindi@ke.nationmedia.com

IN SUMMARY
Constitution calls for a single national commission but critics say this will water down groups’ distinct roles

Three national commissions are fighting for survival in the wake of the new Constitution that advocates their substitution.

The Kenya National Commission on Human Rights, National Gender Commission and the Public Complaints Standing Committee clashed on Friday over a proposal to have them merged.

Sharp differences emerged among the bosses of the three during a forum convened by the Commission for the Implementation of the Constitution (CIC) to discuss how Article 59 of the new law would be realised.

According to Article 59, Parliament has been mandated to enact legislation either for the formation of the Kenya National Human Rights and Equality Commission, or for separate commissions.

The CIC was told by Ms Florence Simbiri-Jaoko of the KNCHR that it would be prudent if the three commissions were merged and their distinct roles captured at the departmental level of the national organisation.

“Kenyans should be entitled to a one-stop shop on their human rights issues. Being referred to different commissions for different issues is definitely not the way to go,” Ms Jaoko said.

Ms Jaoko added that the financial cost of maintaining three commissions would bog down taxpayers, negating the spirit of the new Constitution.

Duplicate roles

According to her, the bills of one commissioner currently run up to Sh11 million per year.

“Kenyans obviously do not want to be overburdened by commissioners with duplicate roles, let us try a merger first, and if it does not work we will separate operations.”

But her school of thought was strongly resisted by Ombudsman James Simani whose commission’s core mandate would be swallowed in the larger human rights body.

“Whereas the human rights commission concerns itself with human rights abuses, the Ombudsman has the sole objective of protecting citizens from administrative rights abuses authored by public officials,” he said.

“There is a stark difference between the two roles of the two bodies ... they differ in more than nomenclature and therefore should be treated as separate and independent entities.”

Mr Peterlis Nyatuga, director of the gender commission, also advocated stand-alone commissions, arguing that his commission’s distinct role in society would be lost in the event of a merger.

“If we collapse the gender commission, the gains made will slow down at a time when gender issues are still being seen as only women issues,” Mr Nyatuga’s representative told the forum, which met at the Kenya Institute of Administration.

Already, three bills have been prepared and will be discussed on the floor of the House to determine the way forward.

According to Article 59, Section 5 (b), each of the commissions shall have powers equivalent to the powers of the main commission, should Parliament enact legislation for a single national commission.

Ms Jaoko maintained the cost of setting up a single commission would be a manageable Sh290 million.

“While constitutional bodies play vital roles in sustaining Kenya’s democracy, the consideration of availability of resources and its best use must be critical,” she said.


(2011-5-7/SundayNation)