Wednesday, May 19, 2010

Draft is Pro-life, Pro-poor and can Bring Social Justice

Gabriel Dolan*

Church leaders have both a right and duty to share with their flock their concerns over issues of national importance. We may not always agree with their sentiments but we must defend their right to be heard and also respect the sincerity of their views.

However, what was disturbing about the recent statement from the Catholic Bishops was their request to the President to delete Article 26(4) from the Proposed Constitution by way of an ‘executive order.’ Put another way, they were asking the two principals to break the law, disregarding parliament and the Kenyan public.

Such contempt for the rule of law was what prompted demands for a constitutional overhaul in the first place. Kenya is not a theocracy but a democracy and church leaders are not legislators but teachers and messengers of the Gospel.

Indeed, the faithful feel let down by their religious leaders who appear to be completely out of touch with the deep yearnings of the Kenyan public for a more humane and dignified existence. I am not being dismissive of their views, but I fail to see the wisdom of calling on Kenyans to reject the draft if sections on Kadhi’s courts and abortion are not removed.

Would this not be a classic example of throwing the baby out with the bath water, if you pardon the crude analogy in these circumstances! Worse still the ‘bath water’ will find its way back home by way of the Penal Code and the current constitution.

Giving guidance on the proposed constitution requires that we see the big picture and are familiar with the complete document. For Christians, the ultimate question is whether this draft is good news for the poor; whether it has the potential to set the downtrodden free; give liberation to the captives and proclaim a new era for the Kenyan nation. That is what the man from Nazareth identified as his mission. It remains the foundation of Catholic Social Teaching (CST) up until today. The Bishops made no reference to this tradition in their instructions.

As I stated in the March 27th column, I am pro-life myself, but my concern goes beyond the womb and continues right up to the tomb. I am not just concerned with the welfare of the unborn, but about the quality of life after birth. Jesus himself after all said ‘I came that you may have life and have in its fullness’ (John 10:10).

Catholic teaching states that ‘opposition to abortion does not excuse indifference to those who suffer from poverty, violence and injustice’. If compassion is the basis of our faith, then people of God must be moved by the poverty, deprivation and inequality that have characterised this country since independence.

The principles of CST that should form the basis of our social conscience are: the dignity of the person, option for the poor, solidarity, social justice and the common good. When we make an option for the poor we are stating that the needs of the poor take priority over the desires and interests of the rich and ‘the poor have the single most urgent economic claim of the conscience of the nation’.

The Chapters on the Bill of Rights and Land offer great hope that the economic claims of the poor may be addressed. Indeed the Land Chapter is practically a replica of the Land Policy that was approved in Parliament on December 3rd last year.

A rejection of the proposed constitution is a vote for the interests of the rich in this country. The proposed constitution is a pro-poor and pro-life document. Is it any wonder then that those who benefited most from the plunder of our country have branded it ‘socialist,’ in the same way that those who opposed Barrack Obama’s pro-poor health care plan dismissed him as a ‘socialist’?

This draft is not a panacea for all our ills, but it has the potential to promote the common good of the nation as opposed to serving the good of rulers or any economic, religious or social class. It provides us with an opportunity to correct past injustices, redistribute the wealth of the nation and promote the dignity and value of each Kenyan.

The document has been published, let us read it carefully and judge for ourselves whether it offers hope to the poor, a future for the marginalised and could be the springboard for a new era for all. In other words let us vote with an informed conscience.

*Fr Gabriel Dolan, St. Patrick’s Missionary, Archdiocese of Mombasa

Disclaimer: Views expressed in this section do not necessarily represent the opinions of CISA.

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