Paul Odhiambo*
“The battle against AIDS ought to be everyone’s battle... I too ask pastoral workers to bring to their brothers and sisters affected by AIDS all possible material, moral and spiritual comfort. I urgently ask the world’s scientists and political leaders, moved by the love and respect due to every human person, to use every means available in order to put an end to this scourge,” (Ecclesia in Africa, Pope John Paul II) On December 1, the international community observed the 23rd World AIDS Day.
Since 1988, the World AIDS Day has been commemorated annually in order to increase awareness about the HIV/AIDS endemic. World AIDS Day’ activities are also meant to re-energize the fight against prejudices, discrimination and stigmatization associated with the HIV/ AIDS scourge. In addition, World AIDS Day is an occasion to continue educating the general populace about HIV and AIDS so that the public could play a critical role in the prevention of new infections and also to manage effectively the treatment and care of those infected and to provide necessary support and care to those affected by the AIDS pandemic. The World AIDS Day theme for 2010 was: Universal access and human rights. From time to time, world leaders have acknowledged that the universal access to HIV and AIDS treatment, prevention, care and support are fundamental human rights.
Former Zambian President Dr Kenneth Kaunda (R) is an activist in the anti-HIV/AIDS campaign while Goal 6 of the Millennium Development Goals aims at combating HIV/AIDS, malaria and other diseases, targets 6A and 6B deal with HIV/AIDS pandemic. Target 6B is specifically about the universal access to treatment for HIV/AIDS for all those who need it by 2010.
When the United Nations launched the Millennium Declaration in 2000, the world leaders had a great ambition that infected people would be able to access and afford the HIV/AIDS treatment by 2010. Why hasn’t this target been realized? What are national leaders doing to ensure that people’s rights to access antiretroviral drugs and other medical services are achieved? How are other members of the society responding to the needs of both infected and affected persons? How do churches, other faiths and various organizations working with people living with HIV/AIDS envisage holistic treatment to ensure that the dignity of infected people is upheld?
In the Service of Faith and the Promotion of Justice, December 4, 2010 According to UNAIDS Report (2010), there were 33.3 million people living with HIV at the end of 2009 compared with 26.2 million in 1999. The estimated number of children living with HIV at the end of 2009 was 2.5 million. In sub-Saharan Africa, the estimated number of people living with HIV was 22.5 million in 2009, comprising 68% of the global total. The estimated 1.3 million people who died of HIV/AIDS related ailments last year in sub-Saharan Africa comprised 72% of the global total deaths of 1.8 million.
Southern Africa is the most severely affected region of Africa by the HIV/AIDS epidemic accounting for 11.3 million in 2009. An estimated 34% of HIV infected people globally reside in ten countries in Southern Africa region. Nonetheless, there has been relative decline of HIV prevalence in East Africa since 2000. Between 2004 and 2008, HIV prevalence decreased in Tanzania by 3.4%. In Kenya, HIV prevalence fell from about 16% in the 1990s to 5% in 2006. The HIV prevalence in Uganda has generally stabilized at between 6.5% and 7.0%. On the other hand, the HIV incidence in Rwanda has been estimated at 3% since 2005.
The enhancement of HIV treatment in the last few years has had positive progress in reducing HIV prevalence in a number of countries. According to 2010 UNAIDS Report 37% of adult and children living with HIV were under antiretroviral therapy in Eastern and Southern African regions by the end of 2009 compared to only 2% seven years ago. In Kenya, AIDS-related deaths decreased by 29% between 2002 and 2007. An estimated 370,000 children contracted HIV during the pre-natal and breastfeeding in 2009. This is a decline compared to 500,000 children who contracted HIV in 2001. It has been observed that access to services aimed at halting mother- to-child transmission has contributed considerably to the decline of HIV prevalence among the newborns.
Though statistics have shown that concerted efforts in the last two decades have led to considerable prevention of new infections and improved HIV treatment, care and support, national governments and other stakeholders must remain vigilant to avoid “complex epidemic of complacency and AIDS fatigue” (Kelly, 2010).
Due to complacency, increases in HIV incidence among the youth have been observed in developed countries where the HIV prevalence had been low. Michael J. Kelly observes that complacency might lead to denial that HIV/AIDS needs exceptional response in low prevalence country because the government in such country might not see the need to mobilize special information, awareness-raising and protective measures to combat HIV/AIDS. A success in controlling new infections and adequate provision of HIV treatment in a high prevalence country can also lead to complacency if stakeholders are “satisfied” with the gains made in containing the HIV/AIDS pandemic hence they are “reluctant” to sustain an aggressive campaign to reduce further or eliminate altogether the HIV/AIDS scourge. It is, therefore, critical that all efforts against HIV/AIDS must be concerted so that complacency does not undermine the gains achieved against the debilitating disease.
The treatment of HIV/AIDS cannot be complete without good nutrition. According to Mombe (2008), nutritional therapy can contribute to the overall well being of HIV/AIDS patients. Good nutrition helps the body to fight HIV by ensuring a better quality of life for patients and their families. Similarly, Kelly (2010) observes that nutritional interventions should go hand in hand with the provision of antiretroviral drugs. It is an open secret that malnutrition makes people living with HIV/AIDS more vulnerable to opportunistic infections. The government and other stakeholders should ensure that people living with the HIV/AIDS get adequate nutritional care and support.
While new constitutions in our countries incorporate economic and social rights in their respective Bill of Rights, the realization of these rights is still elusive to many people in developing countries. Accessibility to clean and adequate water and adequate food is still a nightmare to a substantial number of people living with HIV/AIDS.
Universal access to treatment, care and support may not be realized wholly if nutritional therapy is inadequate. It has also been observed that people living with HIV/AIDS need emotional, psychological and spiritual support as they undergo medical treatment (Kenya Episcopal Conference Catholic Secretariat Commission for Education, 2005). HIV/AIDS patients often experience fear, anger, anguish, loneliness, stigma, discrimination, rejection, judgemental attitudes, hostility and the like.
Kelly (2010) observes that stigma and discrimination are powerful forces that can demean HIV/AIDS patients hence making it difficult to deal effectively with the disease. Though efforts have been made to mitigate these challenges through counselling… In the Service of Faith and the Promotion of Justice December 2010 5 selling, home-based care and spiritual accompaniment from religious people, health workers and other members of the community, a lot has to be done so that the dignity of people living with HIV/AIDS is respected.
Since every human being is created in God’s image and like, all persons have worth and dignity rooted simply in who they are, not what they do or what they have achieved (Overberg, 2003).
In their Pastoral Letter entitled: The AIDS pandemic and Its Impact on Our People (1999), the Catholic bishops in Kenya emphasized that all Christians should overcome any prejudice they feel towards AIDS patients. They reiterated that people should not look down upon those who suffer from HIV/AIDS. In addition, the Church leaders extended their support to “all valid and ethical scientific efforts to find ways of controlling the disease...” stressing that these efforts should ensure that the dignity of human person is respected.
Orobator (2005) observes that the Church, as a community of faith, is appropriately suited to offer spiritual and pastoral response to the people who have been infected and affected by HIV/AIDS. He underlines that the challenges facing people living with HIV/AIDS call for not only medical intervention but also spiritual and pastoral response that could include “direct counselling and... sacramental ministries.”
Orobator further submits that the care for HIV/AIDS patients is manifested in a variety of ministries within the Church. Other studies have also shown that spiritual support offers a great source of comfort and strength to people living with HIV/AIDS (Machyo, 2002).
For the universal access to treatment, care and support to be realized, organizations working on the HIV/AIDS prevalence and all other people of goodwill should show their solidarity with those living with HIV/ AIDS by ensuring that they are able to access spiritual support and pastoral case. According to Overberg (2003) solidarity leads to immediate care, education and to changing social structures.
Our solidarity with the AIDS patients should encompass all aspects of their treatment and the provision of their basic needs. It is important to note that many people living with HIV/AIDS are still not accessing ART due to several factors.
Even where a considerable number of people in Africa get HIV treatment, there are concerns about the finan…In the Service of Faith and the Promotion of Justice December 62010.. Cial sustainability of antiretroviral treatment programmes since they tend to rely on external aid (Kelly, 2010).
If the world powers could pay more attention to the promotion of human development and protection of life, then more resources could still be channelled towards the Global Fund to Fight AIDS, Tuberculosis and Malaria despite the economic crisis experienced in the last few years. The Church, other faiths, social movements, NGOs, private sector, social justice activists must continue with the campaign for integral treatment so that more people can access and afford ART and other services. Indeed the following message of the bishops is still valid today: Ways should be found to make medicines which lessen the impact of the disease and which lengthen life and improve its quality available and affordable to the poorer countries of the world.
We call upon pharmaceutical companies to match their right to compensation with the great human need and the scant resources available to our people (Kenya Episcopal Conference, 1999).
The whole world must unite and sustain the fight against the HIV/AIDS pandemic. International institutions that make decisions affecting lives of people across the globe should ensure that their policies are pro-poor people who often lack resources to access and afford basic needs. It is critical that national governments and other actors engaged in the fight against HIV/AIDS devise mechanisms, strategies and approaches that aim at holistic treatment of HIV/AIDS patients.
More efforts are still needed towards prevention of new infections. Universal access to treatment, prevention, support and care is possible if we all stand up and take measures that inspired by our respect for human life and dignity!
*The writer is the Programme Coordinator (Media Community and Voice) at Jesuit Hakimani Centre, Kenya.
Views expressed in this section do not necessarily represent the opinions of CISA.
Friday, December 10, 2010
Response to the Late Fr Bertaina’s Case
Dear Editor,
Greetings in the Lord. I want to thank you for the report of the case of Fr. Bertaina, a Consolata Missionary (IMC) (October 23, 2010). It is rare to find an ending to such a case involving a missionary. There are a number of cases that still have not been solved after many years. These still await the truth being made known. And so, I would like to say I am happy to read about the arrest of those responsible for the death of Fr. Bertaina, ICM.
I know that the Consolata Fathers and Brothers had an important role in making sure that the police carried out their duties responsibly. They were also instrumental in finding those responsible for the crime. Without their persistence on behalf of their brother I doubt we would be reading any news of this case today.
It seems that this case has come to a speedy conclusion, perhaps also because of the interest of various important people who were watching this case closely. Your article indicates a recognition that the wheel of justice grinds slowly. These interested parties made sure that the case of Fr. Bertaina did not get put on a shelf somewhere.
It is the final sentence of the article, however, that causes me sadness. In that sentence you claim that in the case of Fr. Bertaina the wheel of justice delivers. But what you say it delivers in the body of the article is not justice, but death. Perhaps it is ironic that the opening title to the article says that two of the perpetrators are to receive life imprisonment. By the end of the article it is clear that they are actually to receive death. To rejoice over the sentence of death for two people in Kenya is not so good even if they are criminals. As we know as Catholics, it is not enough to have justice. There also needs to be mercy.
It is not easy for us to think of mercy and forgiveness when a terrible crime has been committed, but this is the nobler act than vengeance. Nor does this mean that justice is denied or ignored. A sentence of death reduced to life in prison still respects justice. Jesus did not ask for death for those who were killing him. When one has real power they don’t need to make their importance felt. They can show true power by granting mercy. He also instructed his disciples not to seek revenge or the eye for an eye, but to be ready to forgive and to love.
In the Book of Wisdom we read that God’s ways of dealing with sinners is not to destroy all at once, but to punish in order to bring about repentance and conversion and to help his people to do the same (Wis 2:22-3:22). The example of Jesus is a fuller revelation of this power of God. Nor is mercy granted because one deserves it. If they deserve it, then it is not mercy, but justice. Mercy is granted because the one who has the power to grant it is living at a higher moral plane.
Kenya is in need of such examples of mercy. There are too many examples of meeting out even more punishment than is allowed. The desire for swift justice often leads to the death of those who don’t deserve it based on their crimes. We see this in the case of mob justice on our streets when a person is killed for stealing. When the justice system is certain of the guilt of criminals, then mercy is needed to temper justice. The Church should be there to ask for it as a witness to the dignity of all people, even those who do not know what they are doing, as Jesus puts it. The actions of the two accused in the case of Fr. Bertaina do not “scare away mercy,” as the judge may have said, but call for it all the more.
The Consolata Missionary community has born witness to the inspiration of their name and forgiven these criminals. The justice system should look to their example as to how to act. Criminals are not hindered from killing by the threat of the death penalty, nor is a society ennobled by the killing of any of its citizens. Fr. Bertaina, ICM consecrated his life to bearing witness to the compassion of God. How ironic that the two perpetrators of his death should be treated in a way which does not show compassion.
There have been a number of missionaries who have been killed or attacked in Kenya over the years. There is a great desire for this to end. There is also a desire for the killing of many Kenyans to end as well. This requires a justice system that performs properly at all levels. As this happens there will be more who are captured, tried, and found guilty for their crimes and given the death penalty. The disciples of Jesus will be called upon to recognize the need for repentance and conversion of those who are guilty. A willingness to forgive and to be merciful will help this to happen without removing justice. It will lead to a more noble and Christian society which respects the dignity of all people even criminals.
Let us rejoice in the finding of one lost sheep and the conversion of one sinner rather than the death of those who are violent. Let us rejoice in love which is stronger than death. Let us seek justice tempered with mercy.
In the love and mercy of Christ,
Fr. Daudi Adiletta, OP, Chair of the Religious Superiors Conference of Kenya.
Greetings in the Lord. I want to thank you for the report of the case of Fr. Bertaina, a Consolata Missionary (IMC) (October 23, 2010). It is rare to find an ending to such a case involving a missionary. There are a number of cases that still have not been solved after many years. These still await the truth being made known. And so, I would like to say I am happy to read about the arrest of those responsible for the death of Fr. Bertaina, ICM.
I know that the Consolata Fathers and Brothers had an important role in making sure that the police carried out their duties responsibly. They were also instrumental in finding those responsible for the crime. Without their persistence on behalf of their brother I doubt we would be reading any news of this case today.
It seems that this case has come to a speedy conclusion, perhaps also because of the interest of various important people who were watching this case closely. Your article indicates a recognition that the wheel of justice grinds slowly. These interested parties made sure that the case of Fr. Bertaina did not get put on a shelf somewhere.
It is the final sentence of the article, however, that causes me sadness. In that sentence you claim that in the case of Fr. Bertaina the wheel of justice delivers. But what you say it delivers in the body of the article is not justice, but death. Perhaps it is ironic that the opening title to the article says that two of the perpetrators are to receive life imprisonment. By the end of the article it is clear that they are actually to receive death. To rejoice over the sentence of death for two people in Kenya is not so good even if they are criminals. As we know as Catholics, it is not enough to have justice. There also needs to be mercy.
It is not easy for us to think of mercy and forgiveness when a terrible crime has been committed, but this is the nobler act than vengeance. Nor does this mean that justice is denied or ignored. A sentence of death reduced to life in prison still respects justice. Jesus did not ask for death for those who were killing him. When one has real power they don’t need to make their importance felt. They can show true power by granting mercy. He also instructed his disciples not to seek revenge or the eye for an eye, but to be ready to forgive and to love.
In the Book of Wisdom we read that God’s ways of dealing with sinners is not to destroy all at once, but to punish in order to bring about repentance and conversion and to help his people to do the same (Wis 2:22-3:22). The example of Jesus is a fuller revelation of this power of God. Nor is mercy granted because one deserves it. If they deserve it, then it is not mercy, but justice. Mercy is granted because the one who has the power to grant it is living at a higher moral plane.
Kenya is in need of such examples of mercy. There are too many examples of meeting out even more punishment than is allowed. The desire for swift justice often leads to the death of those who don’t deserve it based on their crimes. We see this in the case of mob justice on our streets when a person is killed for stealing. When the justice system is certain of the guilt of criminals, then mercy is needed to temper justice. The Church should be there to ask for it as a witness to the dignity of all people, even those who do not know what they are doing, as Jesus puts it. The actions of the two accused in the case of Fr. Bertaina do not “scare away mercy,” as the judge may have said, but call for it all the more.
The Consolata Missionary community has born witness to the inspiration of their name and forgiven these criminals. The justice system should look to their example as to how to act. Criminals are not hindered from killing by the threat of the death penalty, nor is a society ennobled by the killing of any of its citizens. Fr. Bertaina, ICM consecrated his life to bearing witness to the compassion of God. How ironic that the two perpetrators of his death should be treated in a way which does not show compassion.
There have been a number of missionaries who have been killed or attacked in Kenya over the years. There is a great desire for this to end. There is also a desire for the killing of many Kenyans to end as well. This requires a justice system that performs properly at all levels. As this happens there will be more who are captured, tried, and found guilty for their crimes and given the death penalty. The disciples of Jesus will be called upon to recognize the need for repentance and conversion of those who are guilty. A willingness to forgive and to be merciful will help this to happen without removing justice. It will lead to a more noble and Christian society which respects the dignity of all people even criminals.
Let us rejoice in the finding of one lost sheep and the conversion of one sinner rather than the death of those who are violent. Let us rejoice in love which is stronger than death. Let us seek justice tempered with mercy.
In the love and mercy of Christ,
Fr. Daudi Adiletta, OP, Chair of the Religious Superiors Conference of Kenya.
Tuesday, December 7, 2010
Death Penalty and the Innocently Condemned!
All over the world, innocent people for different reasons are convicted and condemned for crimes they never committed! So the possibility of sentencing innocent people to death is very real! And the sad news is that it has indeed taken place and it will continue to happen! It is a crime against humanity and God the author of life. So every effort must be made to have all countries abolish the death penalty for all crimes. It is only in this way that innocent people can be save from gallows.
In countries where the death penalty still exists someone (a hangman) has to be assigned the task of killing those who have been condemned to death, and this someone is therefore turned into a killer! And for sure anybody who turns another human being into a killer commits a crime against humanity. The one appointed as a hangman ceases to live as a normal human being! He is in some way turned into a wild beast feared by everybody and therefore left a lonely creature with no friends. When Michael Kirugumi wa Njuki, Kenya’s last and longest serving hangman at Kamiti Maximum Security Prison past way in November 2009, at the age of 86, he died a shunned and most lonely man in his village. And nobody went to mourn his death!
Even in Western democracies where the Judiciary is supposed to be functioning well, we have miscarriages of justice and wrongful convictions of innocent people!
Wrongful convictions in Canada : It is reported «In 1959, Truscott was sentenced to be hanged at age 14…After the original conviction, he spent four months in the shadow of the gallows until his death sentence was commuted to life imprisonment…On August 28, 2007 – 48years later – the Ontario Court of Appeal unanimously overturned Truscott’s conviction and acquitted him.»
The report goes on to say «In June 1990, Brigitte Grenier died near Roseisle…Kyle Unger and another man, Timoth Houlahan, was convicted of first-degree murder in connection with her death in 1992. Houlahan was released on bail after the Manitoba Court of Appeal overturned his conviction in 1994, and he committed suicide later that year.»
Wrongful convictions in USA: One report says «Since 1973, more than 115 people have been released from death rows throughout the country due to evidence of their wrongful convictions. In 2003 alone 10 innocent defendants were released from death row.»
In North Carolina: «Charles Munsey, died in 1999. Sentenced to death and spent six years in prison for a crime to which another man confessed. He warn a new trial shortly before dying in prison.»
In Virginia: «Earl Washington, pardoned in 2000, spent 17 years in prison before receiving a full pardon. DNA testing proved his innocence of the rape and murder for which he was convicted…He was released from prison in 2001.»
In Illinois: Madison Hobley, Aaron Patterson, Stanley Howard and LeRoy Orange, pardoned in 2003 [were] sent to death row on the basis of ‘confessions’ extracted through the use of torture by former Chicago Police commander Jon Burge and other Area 2 officers in Chicago.»
Wrongful convictions in UK : A report by Ellen Branagh, Press Association says : «A man who spent more than three years in jail for a crime he did not commit today described an apology from the police force that helped convict him as ‘too little, too late.’ Warren Blackwell was jailed in 1999 for a sex attack outside a social club. His conviction was quashed by the Court of Appeal in 2006 after new evidence undermined the credibility of the complainant. »
Another report says: «Anne Maguire’s nephew, Gerry Conlon, had been wrongly accused of carrying out the 1974 IRA bombing of a pub in Guildford that left five people dead. He and three others, who became known as the Guildford Four, were later imprisoned in one of the biggest miscarriages of justice in English history. The four were convicted on the basis of false confessions extracted after physical abuse and threats by Surrey police while detained under anti-terrorism laws.»
While Canada and the United Kingdom are among the countries that have abolished the death penalty for all crimes, USA is still among the countries that retain the death penalty.
In East Africa we are consoled at least by Burundi and Rwanda, for they are among the countries which have abolished the death penalty for all crimes. Death penalty still exists in the laws of Kenya and Tanzania although these countries have not carried out any executions in the past 10 years. Uganda brings tears of sadness on our faces, for it is among the countries that still retain the death penalty even for ordinary crimes. And very recently a Bill was discussed in the Ugandan Parliament that was proposing a death penalty for those found guilty of homosexual misconduct. But as events unfolded and with external pressure, President Museveni saw that the Bill was very harsh and distanced himself from it!
All of us should be very concerned about all the innocent people who have been condemned to death for crimes they never committed. I therefore appeal to all politicians of good will and religious leaders of all the countries, world-wide which still retain death penalty in their laws, to mobilise the people and make big demonstrations of hundreds of thousands of people and if possible of a million people to force their governments to abolish the death penalty.
Dominic Vincent Nkoyoyo, Monastery Val Notre-Dame.
Views expressed in this section do not necessarily represent the opinions of CISA
In countries where the death penalty still exists someone (a hangman) has to be assigned the task of killing those who have been condemned to death, and this someone is therefore turned into a killer! And for sure anybody who turns another human being into a killer commits a crime against humanity. The one appointed as a hangman ceases to live as a normal human being! He is in some way turned into a wild beast feared by everybody and therefore left a lonely creature with no friends. When Michael Kirugumi wa Njuki, Kenya’s last and longest serving hangman at Kamiti Maximum Security Prison past way in November 2009, at the age of 86, he died a shunned and most lonely man in his village. And nobody went to mourn his death!
Even in Western democracies where the Judiciary is supposed to be functioning well, we have miscarriages of justice and wrongful convictions of innocent people!
Wrongful convictions in Canada : It is reported «In 1959, Truscott was sentenced to be hanged at age 14…After the original conviction, he spent four months in the shadow of the gallows until his death sentence was commuted to life imprisonment…On August 28, 2007 – 48years later – the Ontario Court of Appeal unanimously overturned Truscott’s conviction and acquitted him.»
The report goes on to say «In June 1990, Brigitte Grenier died near Roseisle…Kyle Unger and another man, Timoth Houlahan, was convicted of first-degree murder in connection with her death in 1992. Houlahan was released on bail after the Manitoba Court of Appeal overturned his conviction in 1994, and he committed suicide later that year.»
Wrongful convictions in USA: One report says «Since 1973, more than 115 people have been released from death rows throughout the country due to evidence of their wrongful convictions. In 2003 alone 10 innocent defendants were released from death row.»
In North Carolina: «Charles Munsey, died in 1999. Sentenced to death and spent six years in prison for a crime to which another man confessed. He warn a new trial shortly before dying in prison.»
In Virginia: «Earl Washington, pardoned in 2000, spent 17 years in prison before receiving a full pardon. DNA testing proved his innocence of the rape and murder for which he was convicted…He was released from prison in 2001.»
In Illinois: Madison Hobley, Aaron Patterson, Stanley Howard and LeRoy Orange, pardoned in 2003 [were] sent to death row on the basis of ‘confessions’ extracted through the use of torture by former Chicago Police commander Jon Burge and other Area 2 officers in Chicago.»
Wrongful convictions in UK : A report by Ellen Branagh, Press Association says : «A man who spent more than three years in jail for a crime he did not commit today described an apology from the police force that helped convict him as ‘too little, too late.’ Warren Blackwell was jailed in 1999 for a sex attack outside a social club. His conviction was quashed by the Court of Appeal in 2006 after new evidence undermined the credibility of the complainant. »
Another report says: «Anne Maguire’s nephew, Gerry Conlon, had been wrongly accused of carrying out the 1974 IRA bombing of a pub in Guildford that left five people dead. He and three others, who became known as the Guildford Four, were later imprisoned in one of the biggest miscarriages of justice in English history. The four were convicted on the basis of false confessions extracted after physical abuse and threats by Surrey police while detained under anti-terrorism laws.»
While Canada and the United Kingdom are among the countries that have abolished the death penalty for all crimes, USA is still among the countries that retain the death penalty.
In East Africa we are consoled at least by Burundi and Rwanda, for they are among the countries which have abolished the death penalty for all crimes. Death penalty still exists in the laws of Kenya and Tanzania although these countries have not carried out any executions in the past 10 years. Uganda brings tears of sadness on our faces, for it is among the countries that still retain the death penalty even for ordinary crimes. And very recently a Bill was discussed in the Ugandan Parliament that was proposing a death penalty for those found guilty of homosexual misconduct. But as events unfolded and with external pressure, President Museveni saw that the Bill was very harsh and distanced himself from it!
All of us should be very concerned about all the innocent people who have been condemned to death for crimes they never committed. I therefore appeal to all politicians of good will and religious leaders of all the countries, world-wide which still retain death penalty in their laws, to mobilise the people and make big demonstrations of hundreds of thousands of people and if possible of a million people to force their governments to abolish the death penalty.
Dominic Vincent Nkoyoyo, Monastery Val Notre-Dame.
Views expressed in this section do not necessarily represent the opinions of CISA
Tuesday, November 23, 2010
Heterosexual Marriage Triumphs
By Dominic Vincent Nkoyoyo
Male-female relationships are undoubtedly fundamental and basic for the survival of any human society and indeed of the whole of the human race. This is why God in his wisdom did not create only one gender! He created Adam and Eve. He created them male and female. And experience shows that in spite of all the misunderstandings and sometimes deadly fights among them, man and woman are inseparable.
A male-female relationship manifests itself in two basic forms, of which the first is: ordinary friendship which demands of us respect and charity for all people of the other or opposite sex regardless of whether or not we are sexually attracted to them. And the second one is: deep and intimate friendship which is very personal and between a specific man and a specific woman. It engages all our feelings and forces: physical, psychological and spiritual. And it demands of the two individuals involved, some form of explicit commitment verbal or written to each other. A healthy relationship of this kind as it grows it opens up in a modest and prudent way to everyone. (A relationship of a man and a woman which has no room for others is sick and unhealthy!)
In fact, the key to integral human development that is, growth and maturity at all human levels: physical, mental, psychological, emotional, moral and spiritual lies in man-woman deep and sincere friendship! This kind of relationship is not a bed of roses! It generates deep and excruciating pains beyond all human description as it involves pulling down, shattering and dismantling of all the masks and facades which we wear; so that we may stand as our true selves, unmasked, bare and naked before the one we love! This process of de-masking is the foundation of integral human development.
A man-woman deep friendship touches certain areas within us which man-man or woman-woman relationships could never touch! In this way, it reveals truth and knowledge about ourselves which we can never get from relationships with the people of our own sex. This is so because God in creating a man left in him or in his heart «an invisible space or room» which can only be occupied and filled by a woman and not another man! He created the woman in the same way. Every woman carries within herself that «invisible space or room» which can only be occupied by a man and not by another woman!
So, people who have no deep friendships with the other sex lack something essential, especially, in the area of emotional, moral and spiritual maturity. Man and woman are complementary. So, where this complementarity lacks, something important and essential is missing. But it is very important to know and remember that a man-woman deep friendship does not necessarily mean engaging in sex! We are not slaves of sex! Those engaged in the relationship can forego it, if they judge it to be the best for them.
In general, man-woman deep friendships leads to marriage. But not many marriages in this world are based on this kind of friendship. For example, in many parts of the globe like India we still have arranged marriages! That is, people do not have to be friends in order to get married; it is just something arranged for them by their relatives. And in today’s world we also have many marriages of convenience. That is, people who get married not because they are friends or intend to be so, but simply because marriage fulfils some of their needs for example: sexual, emotional and economic. Some countries have also introduced the controversial same sex marriages!
But deep down, what many people who are still single desire and yearn for is natural or heterosexual marriage based on friendship. In other words, people are single not because they hate marriage or do not want to get married, but simply because they have so far failed to get a partner. They do sense the importance and necessity of man-woman deep friendships in their lives and that for such friendship to work, it must be centred on God! Deep within they also know that man and woman are complementary.
Nigerian Pastor Chris Ojigbani’s Conference: «Getting Married Without Delay» held in Nairobi in September this year was indeed very revealing. It showed how much people yearn for heterosexual marriage. Single women in their thousands looking for husbands from all over Kenya and other parts of Africa poured into Nairobi to seek Ojigbani’s advice and wisdom on how to get a husband, and so, get married without delay! About 10,000 singles attended the conference!
The Kenyan newspaper Daily Nation, Tuesday September 14, 2010 in article: Do we have a husband crisis, gives some wonderful testimonies of some of the women who took part in the conference which clearly demonstrate that they are truly longing for heterosexual marriages based on mutual respect and friendship:
Adiline Mudibo, 31, a business and social worker who travelled all the way from Monrovia in Liberia to attend the conference sai:, «From now on, I will be looking forward to meeting a man who is God-fearing and one who is able to take care of my emotional needs. It is important for me to have a person who when I cry, wipes my tears away and when I laugh, he laughs with me. »
Martha Anjela, a student of design said: «I think getting tips of how to get out of singlehood is one of the greatest lessons one can give to women. I have been assured that every woman has her man tucked away somewhere and this thing of men being fewer than women is a myth. »
And Rebecca Wanjiru, 26, a beauty therapist, had this to say: «By demonstrating that there is a man for each of us, the pastor has really encouraged me. …However, I am not ready to date a Kenyan man as the ones I have encountered have failed me. I am looking forward to a Nigerian or a white man.»
When natural or heterosexual marriage triumphs over single or bachelor’s life and other forms of marriage, this should be a joy for all of us! For this reason, I believe it is the only type of marriage proper to human beings. And I think it is for this reason that our Lord Jesus Christ himself decided to be brought up in a heterosexual marriage of Joseph and Mary his wife.
Dominic Vincent Nkoyoyo at Monastery Val Notre-Dame, Canada.
Male-female relationships are undoubtedly fundamental and basic for the survival of any human society and indeed of the whole of the human race. This is why God in his wisdom did not create only one gender! He created Adam and Eve. He created them male and female. And experience shows that in spite of all the misunderstandings and sometimes deadly fights among them, man and woman are inseparable.
A male-female relationship manifests itself in two basic forms, of which the first is: ordinary friendship which demands of us respect and charity for all people of the other or opposite sex regardless of whether or not we are sexually attracted to them. And the second one is: deep and intimate friendship which is very personal and between a specific man and a specific woman. It engages all our feelings and forces: physical, psychological and spiritual. And it demands of the two individuals involved, some form of explicit commitment verbal or written to each other. A healthy relationship of this kind as it grows it opens up in a modest and prudent way to everyone. (A relationship of a man and a woman which has no room for others is sick and unhealthy!)
In fact, the key to integral human development that is, growth and maturity at all human levels: physical, mental, psychological, emotional, moral and spiritual lies in man-woman deep and sincere friendship! This kind of relationship is not a bed of roses! It generates deep and excruciating pains beyond all human description as it involves pulling down, shattering and dismantling of all the masks and facades which we wear; so that we may stand as our true selves, unmasked, bare and naked before the one we love! This process of de-masking is the foundation of integral human development.
A man-woman deep friendship touches certain areas within us which man-man or woman-woman relationships could never touch! In this way, it reveals truth and knowledge about ourselves which we can never get from relationships with the people of our own sex. This is so because God in creating a man left in him or in his heart «an invisible space or room» which can only be occupied and filled by a woman and not another man! He created the woman in the same way. Every woman carries within herself that «invisible space or room» which can only be occupied by a man and not by another woman!
So, people who have no deep friendships with the other sex lack something essential, especially, in the area of emotional, moral and spiritual maturity. Man and woman are complementary. So, where this complementarity lacks, something important and essential is missing. But it is very important to know and remember that a man-woman deep friendship does not necessarily mean engaging in sex! We are not slaves of sex! Those engaged in the relationship can forego it, if they judge it to be the best for them.
In general, man-woman deep friendships leads to marriage. But not many marriages in this world are based on this kind of friendship. For example, in many parts of the globe like India we still have arranged marriages! That is, people do not have to be friends in order to get married; it is just something arranged for them by their relatives. And in today’s world we also have many marriages of convenience. That is, people who get married not because they are friends or intend to be so, but simply because marriage fulfils some of their needs for example: sexual, emotional and economic. Some countries have also introduced the controversial same sex marriages!
But deep down, what many people who are still single desire and yearn for is natural or heterosexual marriage based on friendship. In other words, people are single not because they hate marriage or do not want to get married, but simply because they have so far failed to get a partner. They do sense the importance and necessity of man-woman deep friendships in their lives and that for such friendship to work, it must be centred on God! Deep within they also know that man and woman are complementary.
Nigerian Pastor Chris Ojigbani’s Conference: «Getting Married Without Delay» held in Nairobi in September this year was indeed very revealing. It showed how much people yearn for heterosexual marriage. Single women in their thousands looking for husbands from all over Kenya and other parts of Africa poured into Nairobi to seek Ojigbani’s advice and wisdom on how to get a husband, and so, get married without delay! About 10,000 singles attended the conference!
The Kenyan newspaper Daily Nation, Tuesday September 14, 2010 in article: Do we have a husband crisis, gives some wonderful testimonies of some of the women who took part in the conference which clearly demonstrate that they are truly longing for heterosexual marriages based on mutual respect and friendship:
Adiline Mudibo, 31, a business and social worker who travelled all the way from Monrovia in Liberia to attend the conference sai:, «From now on, I will be looking forward to meeting a man who is God-fearing and one who is able to take care of my emotional needs. It is important for me to have a person who when I cry, wipes my tears away and when I laugh, he laughs with me. »
Martha Anjela, a student of design said: «I think getting tips of how to get out of singlehood is one of the greatest lessons one can give to women. I have been assured that every woman has her man tucked away somewhere and this thing of men being fewer than women is a myth. »
And Rebecca Wanjiru, 26, a beauty therapist, had this to say: «By demonstrating that there is a man for each of us, the pastor has really encouraged me. …However, I am not ready to date a Kenyan man as the ones I have encountered have failed me. I am looking forward to a Nigerian or a white man.»
When natural or heterosexual marriage triumphs over single or bachelor’s life and other forms of marriage, this should be a joy for all of us! For this reason, I believe it is the only type of marriage proper to human beings. And I think it is for this reason that our Lord Jesus Christ himself decided to be brought up in a heterosexual marriage of Joseph and Mary his wife.
Dominic Vincent Nkoyoyo at Monastery Val Notre-Dame, Canada.
Tuesday, November 9, 2010
When Pandora’s Box is opened
*Dominic Vincent Nkoyoyo
When the lid on Pandora’s Box is lifted, will the Catholic Church in Africa stand? In recent years, the entire Body of Christ, the Church has been severely wounded and its image badly damaged by the heavy blows inflicted upon it by sexual scandals that have rocked the Church in the West. Some members of the clergy and religious congregations and Orders have been implicated in the scandals.
In Canada sexual scandals involving some members of the clergy have been reported in several dioceses: British Colombia, Newfoundland, Ontario, Manitoba, Nova Scotia and Quebec. And reports say that the diocese of Antigonish in Nova Scotia spent at least $15 million to settle lawsuits filed by victims of sexual abuse by diocese priests dating back to 1950!
In USA, child sexual abuse scandals were first publicized nationally in 1985 when a Louisiana priest pleaded guilty to several accounts of molestation of boys. The situation worsened when five priests of the Archdiocese of Boston were charged with sexual abuse of minors. Gradually, abuses were reported in the other Catholic dioceses of United States. By 2002 it is estimated that Catholic dioceses in USA had spent a total of about one billion dollars on sexual abuse scandals! Eventually, diocese after diocese filed for bankruptcy, for the amounts of money which were required to settle the cases were too big.
Very recently, it has been the sexual scandals in the Catholic Church in Ireland which have dominated the media worldwide. Starting in the 1990s, government inquiries in this country established that hundreds of priests had abused thousands of children in previous decades. And responding to this, in March 2010 Pope Benedict XVI wrote a pastoral letter apologizing for all these scandals carried out by Catholic clergy.
These scandals have damaged the Church spiritually and crippled the finances of the Catholic Church in United States. It is reported that it is the allegations in USA which encouraged victims in other nations to come forward and rapidly create a global crisis.
But generally speaking, the Catholic Church in Africa has so far not been directly affected by these scandals. We just hear of them remotely in the media. But for how long will the situation remain like this? Is it not time that we the Church in Africa began asking ourselves some important question and learn something from what the Church in the West has gone through?
Can we affirm that no sexual scandals have taken place in the Catholic Church in Africa? Can we say that we have never heard of any stories or rumours that might point at least to the possibility that such scandals could have taken place in Africa? If such stories indeed exist, have we made any efforts to find out whether or not they contain a grain of truth? Should we come across hard evidence that such scandals have taken place, what are we going to do? Are we going to wait until we are taken to court or should we make every possible effort to settle these cases out of court? Should it be established that these cases are many, do our dioceses have enough money settle them?
But it is very important to remember that some sexual scandal cases are very complicated and, therefore, very difficult to handle. For example, it is not entirely impossible for some people to fabricate or concoct a sexual scandal case against a priest or religious brother just out of malice to damage his name or to get him out of the post he is holding so that they may occupy it themselves! Also in cases involving adult women and priests or religious we should not be tempted to think that always the women are the victims! Sometimes, these women married or unmarried are the ones who persuade the priests or religious and eventually lead them astray. In which case, it is the priests and religious who are the victims!
Cases in which children were fathered should be handled with extra care; otherwise, they can be permanently damaged psychologically as events unfold. In fact, since all the people implicated in such cases be they victims, offenders or collaborators, are already in a very difficult situation at least spiritually and psychologically, efforts should be made not worsen the situation of any of them. The main goal in handling these cases should be: getting everybody implicated healed, reconciled with God, with their inner self and with each other. If true reconciliation can be arrived at in these cases, that is an excellent sign that inner healing has taken place and all bitterness is gone.
Given the complexity of these cases, I believe it would be a good idea for all National Episcopal Conferences of Africa to put in place committees of experts to deal with them as they rise!
Fr. Dominic Vincent Nkoyoyo is from Monastery Val Notre-Dame in Canada.
Views expressed in this section do not necessarily represent the opinions of CISA
When the lid on Pandora’s Box is lifted, will the Catholic Church in Africa stand? In recent years, the entire Body of Christ, the Church has been severely wounded and its image badly damaged by the heavy blows inflicted upon it by sexual scandals that have rocked the Church in the West. Some members of the clergy and religious congregations and Orders have been implicated in the scandals.
In Canada sexual scandals involving some members of the clergy have been reported in several dioceses: British Colombia, Newfoundland, Ontario, Manitoba, Nova Scotia and Quebec. And reports say that the diocese of Antigonish in Nova Scotia spent at least $15 million to settle lawsuits filed by victims of sexual abuse by diocese priests dating back to 1950!
In USA, child sexual abuse scandals were first publicized nationally in 1985 when a Louisiana priest pleaded guilty to several accounts of molestation of boys. The situation worsened when five priests of the Archdiocese of Boston were charged with sexual abuse of minors. Gradually, abuses were reported in the other Catholic dioceses of United States. By 2002 it is estimated that Catholic dioceses in USA had spent a total of about one billion dollars on sexual abuse scandals! Eventually, diocese after diocese filed for bankruptcy, for the amounts of money which were required to settle the cases were too big.
Very recently, it has been the sexual scandals in the Catholic Church in Ireland which have dominated the media worldwide. Starting in the 1990s, government inquiries in this country established that hundreds of priests had abused thousands of children in previous decades. And responding to this, in March 2010 Pope Benedict XVI wrote a pastoral letter apologizing for all these scandals carried out by Catholic clergy.
These scandals have damaged the Church spiritually and crippled the finances of the Catholic Church in United States. It is reported that it is the allegations in USA which encouraged victims in other nations to come forward and rapidly create a global crisis.
But generally speaking, the Catholic Church in Africa has so far not been directly affected by these scandals. We just hear of them remotely in the media. But for how long will the situation remain like this? Is it not time that we the Church in Africa began asking ourselves some important question and learn something from what the Church in the West has gone through?
Can we affirm that no sexual scandals have taken place in the Catholic Church in Africa? Can we say that we have never heard of any stories or rumours that might point at least to the possibility that such scandals could have taken place in Africa? If such stories indeed exist, have we made any efforts to find out whether or not they contain a grain of truth? Should we come across hard evidence that such scandals have taken place, what are we going to do? Are we going to wait until we are taken to court or should we make every possible effort to settle these cases out of court? Should it be established that these cases are many, do our dioceses have enough money settle them?
But it is very important to remember that some sexual scandal cases are very complicated and, therefore, very difficult to handle. For example, it is not entirely impossible for some people to fabricate or concoct a sexual scandal case against a priest or religious brother just out of malice to damage his name or to get him out of the post he is holding so that they may occupy it themselves! Also in cases involving adult women and priests or religious we should not be tempted to think that always the women are the victims! Sometimes, these women married or unmarried are the ones who persuade the priests or religious and eventually lead them astray. In which case, it is the priests and religious who are the victims!
Cases in which children were fathered should be handled with extra care; otherwise, they can be permanently damaged psychologically as events unfold. In fact, since all the people implicated in such cases be they victims, offenders or collaborators, are already in a very difficult situation at least spiritually and psychologically, efforts should be made not worsen the situation of any of them. The main goal in handling these cases should be: getting everybody implicated healed, reconciled with God, with their inner self and with each other. If true reconciliation can be arrived at in these cases, that is an excellent sign that inner healing has taken place and all bitterness is gone.
Given the complexity of these cases, I believe it would be a good idea for all National Episcopal Conferences of Africa to put in place committees of experts to deal with them as they rise!
Fr. Dominic Vincent Nkoyoyo is from Monastery Val Notre-Dame in Canada.
Views expressed in this section do not necessarily represent the opinions of CISA
Friday, October 22, 2010
SPECIAL Reflection: Mission Sunday
*Fr. Celestino Bundi
Collections taken up for World Mission Sunday, gifts from individual benefactors, and contributions that come in thanks to various missionary projects, are all sent first to the respective National Offices of the Pontifical Mission Societies in each country, and then forwarded to Rome to the General Secretary's Office, to be put in a common fund, the Universal Solidarity Fund.
During the Annual General Assembly of the Pontifical Missionary Societies, normally held during the month of May, presided by the Archbishop President and the Secretary Generals of the four Societies, participants discuss hundreds of requests from all over the world for funding for building churches, chapels and local centers for apostolate, for aid and formation of seminarians and catechists, for educational projects and activities for children.
The Assembly, taking into account the available economic resources and criteria of equality and justice, decides on the distribution of the funding. Unfortunately, the Universal Solidarity Fund is never large enough to be able to respond positively to all the petitions for aid.
As we approach Mission Sunday on 24th October, it is a moment to share our faith proudly, help others to hear Jesus Christ. In addition, it is an opportunity to participate in alleviating spiritual and material poverty for our brothers and sisters living in hardship mission zones as well as practice our charity to help in building evangelization centers like schools, parish churches, convents, fathers' houses, pastoral centers among others.
As the day draws nearer I am appealing to you to create more awareness among all the faithful on their responsibility to support the church in her needs to become an effective vessel of consolation and salvation. Kindly let us join the universal church following the invitation from our baptism to unite with Pope Benedict XV1 to build ecclesial communion through financial sacrifice and prayer.
As Catholics we have a wonderful responsibility by reason of our baptism, to bring about change for the good of others in our world. But in order to do that, we need to become aware of the necessity to bring about change, first of all in ourselves, and then in our local parish communities. This is what we are asked to do by the Holy Father because people today either consciously or unconsciously wish for change and they also want "to see Jesus".
This is part of the central theme of the message: "Building Ecclesial Communion is the key to Mission" for the celebration of World Mission Sunday this year. It encourages all of us at diocesan and parish levels as well as the Institutes of Consecrated Life, Ecclesial Movements, and the entire People of God to renew our commitment to proclaim the Gospel and give pastoral activity a greater missionary character.
The Holy Father says that each one of us should enrich our lives by an ever-greater awareness of God's unconditional love for us and its experience which transforms our lives. Then through us our ever more divided societies can be changed into an ecclesial communion.
We do this by our own active and creative support within the community and by inviting others so that together we may promote "a new humanism, founded on Jesus' Gospel". "He Himself tells us: "He who loves me will be loved by my Father and I will love him and manifest myself to him" (John 14:21). It is only from this encounter with the Love of God that transforms our existence that we can live in communion with Him and among ourselves and offer our brethren a credible testimony giving reason for our hope (cf. 1 Pet 3:15).
Today people are searching for something different in the everyday confusion of our world and many of them want to "see Jesus". As a Christian community we can and should give them witness of our hope, "but that cannot be fulfilled in a credible manner without a profound personal, communal, and pastoral conversion". The messages goes on to thank missionaries for their witness and asks all of us to help to bring about an "integral renewal and to an ever greater openness to missionary cooperation among the Churches, to promote the proclamation of the Gospel in the heart of every person, every people, culture, race, nationality, in every place."
As National director of Pontifical Missionary Societies in Kenya I am obliged to promote this Mission Sunday of the Holy Father and I would like to thank everybody who is cooperating with our Diocesan Directors to ensure successful realization of our special Mission Solidarity Collection to be taken up on 24th October 2010.
As I travel through our country on course of duty to create missionary awareness I can see how our missionaries did great work. We are grateful to them, family members and their benefactors. Many parishes and institutions are today managed by our sons and daughters who need our material support to effectively address the many pastoral needs for better witnessing and service to humanity for glory of God.
Together we are the Church and we are missionaries by reason of our baptism; we are all missionaries and together we can make a difference. It is important to recognize that your kind generosity and prayers truly makes a difference and it is greatly appreciated. I assure you the money will be put into the proper use following the relevant church structures meant for its administration. Our Local Churches throughout the world could not survive without your support.
So let us, "in spite of our economic difficulties" give generously on this Mission Sunday and may we continue as one family in mission to achieve by "prayer, meditation on the Word of God, and study of the truths of the faith" an ever-greater awareness of God's unconditional love for all of us as brothers and sisters.
You may give your donation to your parish priest on Sunday for submission to the Bishop and eventually forwarding to our office or You may write a cheque addressed to:
Pontifical missionary societies
P.O Box 48062-00100 Nairobi
On behalf of Holy Father Pope Benedict XV1, International PMS Secretariat especially Rev. Fr. Timothy Lehane Barrett, SVD, Secretary General of the Propagation of the Faith Rome, our PMS National office and Rt. Rev. Anthony Ireri Mukobo Bishop Chairman Commission for Missions I wish you a fruitful celebration of this important day in our missionary work. May God bless you and increase your faith.
*He is the National Director Ponitifcal Missionary Societies- Kenya
Collections taken up for World Mission Sunday, gifts from individual benefactors, and contributions that come in thanks to various missionary projects, are all sent first to the respective National Offices of the Pontifical Mission Societies in each country, and then forwarded to Rome to the General Secretary's Office, to be put in a common fund, the Universal Solidarity Fund.
During the Annual General Assembly of the Pontifical Missionary Societies, normally held during the month of May, presided by the Archbishop President and the Secretary Generals of the four Societies, participants discuss hundreds of requests from all over the world for funding for building churches, chapels and local centers for apostolate, for aid and formation of seminarians and catechists, for educational projects and activities for children.
The Assembly, taking into account the available economic resources and criteria of equality and justice, decides on the distribution of the funding. Unfortunately, the Universal Solidarity Fund is never large enough to be able to respond positively to all the petitions for aid.
As we approach Mission Sunday on 24th October, it is a moment to share our faith proudly, help others to hear Jesus Christ. In addition, it is an opportunity to participate in alleviating spiritual and material poverty for our brothers and sisters living in hardship mission zones as well as practice our charity to help in building evangelization centers like schools, parish churches, convents, fathers' houses, pastoral centers among others.
As the day draws nearer I am appealing to you to create more awareness among all the faithful on their responsibility to support the church in her needs to become an effective vessel of consolation and salvation. Kindly let us join the universal church following the invitation from our baptism to unite with Pope Benedict XV1 to build ecclesial communion through financial sacrifice and prayer.
As Catholics we have a wonderful responsibility by reason of our baptism, to bring about change for the good of others in our world. But in order to do that, we need to become aware of the necessity to bring about change, first of all in ourselves, and then in our local parish communities. This is what we are asked to do by the Holy Father because people today either consciously or unconsciously wish for change and they also want "to see Jesus".
This is part of the central theme of the message: "Building Ecclesial Communion is the key to Mission" for the celebration of World Mission Sunday this year. It encourages all of us at diocesan and parish levels as well as the Institutes of Consecrated Life, Ecclesial Movements, and the entire People of God to renew our commitment to proclaim the Gospel and give pastoral activity a greater missionary character.
The Holy Father says that each one of us should enrich our lives by an ever-greater awareness of God's unconditional love for us and its experience which transforms our lives. Then through us our ever more divided societies can be changed into an ecclesial communion.
We do this by our own active and creative support within the community and by inviting others so that together we may promote "a new humanism, founded on Jesus' Gospel". "He Himself tells us: "He who loves me will be loved by my Father and I will love him and manifest myself to him" (John 14:21). It is only from this encounter with the Love of God that transforms our existence that we can live in communion with Him and among ourselves and offer our brethren a credible testimony giving reason for our hope (cf. 1 Pet 3:15).
Today people are searching for something different in the everyday confusion of our world and many of them want to "see Jesus". As a Christian community we can and should give them witness of our hope, "but that cannot be fulfilled in a credible manner without a profound personal, communal, and pastoral conversion". The messages goes on to thank missionaries for their witness and asks all of us to help to bring about an "integral renewal and to an ever greater openness to missionary cooperation among the Churches, to promote the proclamation of the Gospel in the heart of every person, every people, culture, race, nationality, in every place."
As National director of Pontifical Missionary Societies in Kenya I am obliged to promote this Mission Sunday of the Holy Father and I would like to thank everybody who is cooperating with our Diocesan Directors to ensure successful realization of our special Mission Solidarity Collection to be taken up on 24th October 2010.
As I travel through our country on course of duty to create missionary awareness I can see how our missionaries did great work. We are grateful to them, family members and their benefactors. Many parishes and institutions are today managed by our sons and daughters who need our material support to effectively address the many pastoral needs for better witnessing and service to humanity for glory of God.
Together we are the Church and we are missionaries by reason of our baptism; we are all missionaries and together we can make a difference. It is important to recognize that your kind generosity and prayers truly makes a difference and it is greatly appreciated. I assure you the money will be put into the proper use following the relevant church structures meant for its administration. Our Local Churches throughout the world could not survive without your support.
So let us, "in spite of our economic difficulties" give generously on this Mission Sunday and may we continue as one family in mission to achieve by "prayer, meditation on the Word of God, and study of the truths of the faith" an ever-greater awareness of God's unconditional love for all of us as brothers and sisters.
You may give your donation to your parish priest on Sunday for submission to the Bishop and eventually forwarding to our office or You may write a cheque addressed to:
Pontifical missionary societies
P.O Box 48062-00100 Nairobi
On behalf of Holy Father Pope Benedict XV1, International PMS Secretariat especially Rev. Fr. Timothy Lehane Barrett, SVD, Secretary General of the Propagation of the Faith Rome, our PMS National office and Rt. Rev. Anthony Ireri Mukobo Bishop Chairman Commission for Missions I wish you a fruitful celebration of this important day in our missionary work. May God bless you and increase your faith.
*He is the National Director Ponitifcal Missionary Societies- Kenya
Tuesday, October 12, 2010
Analysis of the Counter Trafficking in Persons Bill in Kenya in the Light of Morality, Legality and Culture
*Beginning today we will bring you the above analysis in a two part series courtesy of concerned Catholics in Kenya
History of the Bill
Back in 2004 Kenya ratified the Palermo protocol. In 2007 the government with the help of IOM developed a national plan of action to counter human trafficking. This plan cantered on government ministries and had an opening for the civil society participation. It elaborated activities in prevention, protection and prosecution (commonly known as the 3P). However, the main stumbling block towards the implementation of this plan was the lack of a specific legal instrument. From 2008 to 2009, efforts were intensified to prepare a Kenyan bill to counter human trafficking in and out of the country. The organization that steered this process is known as The Cradle. The preparation of the bill was not easy as earlier versions of the bill were not accepted by the Attorney General. However, by December 2009 the refined bill had been forwarded to the speaker of the national assembly and it underwent the first reading. On the 15th of June it underwent a second reading as a private members bill. On the 6th of July 2010 the third reading was done and the bill was passed. It is currently with the Attorney General of the republic pending its being forwarded to the president who will sign and make it a law of the republic. Our hope remains that the president signs the bill soon enough so that we may have a legal framework in which to prosecute human traffickers.
Rationale
The principal object of the bill is to implement Kenyas obligations under the UN Conventions against Transnational Organized Crime including the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially women and children and all other relevant international conventions to which Kenya is party. The Bill further seeks to establish the necessary institutional mechanisms for the protection and support of trafficked persons and to ensure just and effective punishment of traffickers.
It outlines the offence of trafficking in persons and related offences. This will be very important as once this bill is passed onto a law, it will serve as an important reference to bring human traffickers to book and it could forbid child labour, forced detention for exploitative purposes such as labour and sexual exploitation of women and children. The bill is comprehensive enough in curbing various forms of exploitation that occur within the chain process of human trafficking here in referred to as recruiting, transporting, transferring, harbouring and receiving (RTTHR henceforth). Some of the past laws related to trafficking of children and women include the Immigration Act 1984, Penal Code 1985, Employment Act 2007, Sexual Offences Act 2006, Children Act 2001, Education Policy, Adoption Guidelines, Vision 2030, Childrens Policy and draft national policy on orphans and vulnerable children.
The existence of various bills meant that there was no particular reference frame for the offence of human trafficking. In Kenya, bringing culprits of human trafficking to justice has always been an uphill task because of the lack of this legal framework. Stakeholders of the bill therefore, hope that the government will move swiftly to pass it into law.
The offence of Human Trafficking
In accordance with the Bill the offences of trafficking in persons to include:
trafficking in persons
acts that promote child trafficking
promotion of trafficking in persons
acquisition of travel documents by fraud or misrepresentation
facilitating entry into and exit out of the country
interfering with documents and travel effects
life threatening circumstances or death and lastly
trafficking in persons for organized crime.
i. Trafficking in personssimply defined by the bill as recruiting, transporting, transferring, harbouring and receiving (RTTHR) another person for the purpose of exploitation by means of
a) threat or use of force or other forms of coercion b) abduction, c) fraud, d) deception, e) abuse of power or position of vulnerability, f) giving payments or benefits to obtain the consent of the victim of trafficking in persons and g) giving or receiving payments or benefits to obtain the consent of a person having control over another person.
The bill considers irrelevant the consent of the trafficked person. RTTHR of a child for purposes of exploitation is considered trafficking in persons too. The bill takes into account acts of trafficking committed internally within the borders of Kenya or internationally across the borders of Kenya. The ultimate penalty is life imprisonment in subsequent convictions. If found guilty, one is liable to fifteen years imprisonment or to a fine of five million shillings or to both.
ii. The bill defines child trafficking as adopting, fostering and offering guardianship to a child for human trafficking purposes. This offence is punishable by a fine of not less than fifteen years of a fine Kshs. 10 million or both. Subsequent conviction could lead to life imprisonment.
iii. Promotion of trafficking in persons occurs when knowingly a person gives his/her premises for human trafficking purposes; publishes or imports or exports materials to promote human trafficking; or promoting trafficking in persons in any other way. The punishment for this is ten years imprisonment and a fine of Ksh. 5million or both. Upon subsequent convictions the imprisonment term is fifteen years without the option for a fine.
iv. Facilitating entry into or exit out of the country occurs when a person facilitates aids or abets the exit or entry of persons from or to the country at international airports, territorial boundaries for purposes of trafficking in persons. The punishment is as iii above but on subsequent convictions one is liable for 10 years.
v. Interfering with travel documents and personal effects includes a) confiscating, concealing, altering, destroying or using identification or travel documents of another person in furtherance of trafficking in persons or b) ) confiscating, concealing, altering, destroying or using personal effects of another person or threatening to do so in furtherance of trafficking in persons or in order to prevent that other person from leaving the country or seeking redress from government or appropriate agencies. Punishment is as iv above.
vi. Life threatening circumstances or death: If during the commission of a human trafficking offence the victim suffers life threatening bodily harm that is permanent or dies or is afflicted with life threatening health condition; the person convicted shall be liable for life imprisonment.
vii. Trafficking in persons for organized crime: occurs when a person engages in trafficking in persons as part of an organized criminal group or the person organizes and directs other persons to commit an offence as an activity of an organized group. The punishment for this is imprisonment for life.
An omission in this section includes the treatment of diplomats. Diplomatic immunity is also a factor in many cases of human trafficking . The Bill has not addressed this issue. This means that the person should be separable when it comes to the commission of criminal acts. The miscellaneous section of the Bill however criminalizes acts by government officers facilitating the acquisition of travel documents for purposes of human trafficking.
Victim Protection
In recognition of the fact that victims of trafficking pass through horrendous experiences during their ordeals the bill provides for their privacy during hearings. The courts may even decide that some of the sessions be held in camera. It is, therefore, important in this case that those who bring a suit on behalf of the victim to the courts (i.e. the state) understand fully the circumstances that the victim passed through so as a determination may be made as to whether the sessions should be held in camera or not. This requires good level of competence in dealing with cases of this nature.
The Bill also proposes that publishing the proceedings held in camera is an offence. The court apart from imprisoning the culprit may also order him or her to compensate the victim. The victim is also given immunity from prosecution. While this immunity is important for the genuine victims, care must be taken that it is not used as a loophole to advance criminal activities. The bill empowers the minister in charge of gender formulate plans for the provision of appropriate services for victims of trafficking in the light of the 3Ps. In order to help the victim find recourse the bill provides that
The victim will be eligible to work during their duration of necessary presence in Kenya
Remain in Kenya until their legal proceeding are concluded
Be communicated to in a language he/she understands
Exempted from court fines
Assistance in repatriation
So far, there are many challenges in todays Kenya as far as victim assistance is concerned. It will be important to ensure that the legal system is made to work faster in cases of this nature so as it does not become burdensome for a victim taking time in Kenya waiting for justice. Secondly, there are very few safe havens for trafficking victims. At times, victims have been placed in police custody while waiting for the final recourse. Repatriation always poses a challenge; is it enough to give the victim money to go home or to put him/her in an efficient transport means back home? Certainly not, as the victim will need to be assisted reintegrate back to her/his original society fully. Reintegration is first self restoration and second, the ability to fit into the society. It must be observed here that the victim coming from a trafficking ordeal might have been subjected to a heavy legal ordeal and other energy draining ordeals in a strange place. Many a time they experience shame and bitterness which is directed to their home societies. Hence the costs of rehabilitation and reintegration are just too enormous and can only be met superficially in order to fully meet the needs of the victims. Lastly, issues of psycho social accompaniment in order to help the victim deal with the aftermath effects of trauma are important; including psychological counselling and religious accompaniment.
Views expressed in this section do not necessarily represent the opinions of CISA
History of the Bill
Back in 2004 Kenya ratified the Palermo protocol. In 2007 the government with the help of IOM developed a national plan of action to counter human trafficking. This plan cantered on government ministries and had an opening for the civil society participation. It elaborated activities in prevention, protection and prosecution (commonly known as the 3P). However, the main stumbling block towards the implementation of this plan was the lack of a specific legal instrument. From 2008 to 2009, efforts were intensified to prepare a Kenyan bill to counter human trafficking in and out of the country. The organization that steered this process is known as The Cradle. The preparation of the bill was not easy as earlier versions of the bill were not accepted by the Attorney General. However, by December 2009 the refined bill had been forwarded to the speaker of the national assembly and it underwent the first reading. On the 15th of June it underwent a second reading as a private members bill. On the 6th of July 2010 the third reading was done and the bill was passed. It is currently with the Attorney General of the republic pending its being forwarded to the president who will sign and make it a law of the republic. Our hope remains that the president signs the bill soon enough so that we may have a legal framework in which to prosecute human traffickers.
Rationale
The principal object of the bill is to implement Kenyas obligations under the UN Conventions against Transnational Organized Crime including the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially women and children and all other relevant international conventions to which Kenya is party. The Bill further seeks to establish the necessary institutional mechanisms for the protection and support of trafficked persons and to ensure just and effective punishment of traffickers.
It outlines the offence of trafficking in persons and related offences. This will be very important as once this bill is passed onto a law, it will serve as an important reference to bring human traffickers to book and it could forbid child labour, forced detention for exploitative purposes such as labour and sexual exploitation of women and children. The bill is comprehensive enough in curbing various forms of exploitation that occur within the chain process of human trafficking here in referred to as recruiting, transporting, transferring, harbouring and receiving (RTTHR henceforth). Some of the past laws related to trafficking of children and women include the Immigration Act 1984, Penal Code 1985, Employment Act 2007, Sexual Offences Act 2006, Children Act 2001, Education Policy, Adoption Guidelines, Vision 2030, Childrens Policy and draft national policy on orphans and vulnerable children.
The existence of various bills meant that there was no particular reference frame for the offence of human trafficking. In Kenya, bringing culprits of human trafficking to justice has always been an uphill task because of the lack of this legal framework. Stakeholders of the bill therefore, hope that the government will move swiftly to pass it into law.
The offence of Human Trafficking
In accordance with the Bill the offences of trafficking in persons to include:
trafficking in persons
acts that promote child trafficking
promotion of trafficking in persons
acquisition of travel documents by fraud or misrepresentation
facilitating entry into and exit out of the country
interfering with documents and travel effects
life threatening circumstances or death and lastly
trafficking in persons for organized crime.
i. Trafficking in personssimply defined by the bill as recruiting, transporting, transferring, harbouring and receiving (RTTHR) another person for the purpose of exploitation by means of
a) threat or use of force or other forms of coercion b) abduction, c) fraud, d) deception, e) abuse of power or position of vulnerability, f) giving payments or benefits to obtain the consent of the victim of trafficking in persons and g) giving or receiving payments or benefits to obtain the consent of a person having control over another person.
The bill considers irrelevant the consent of the trafficked person. RTTHR of a child for purposes of exploitation is considered trafficking in persons too. The bill takes into account acts of trafficking committed internally within the borders of Kenya or internationally across the borders of Kenya. The ultimate penalty is life imprisonment in subsequent convictions. If found guilty, one is liable to fifteen years imprisonment or to a fine of five million shillings or to both.
ii. The bill defines child trafficking as adopting, fostering and offering guardianship to a child for human trafficking purposes. This offence is punishable by a fine of not less than fifteen years of a fine Kshs. 10 million or both. Subsequent conviction could lead to life imprisonment.
iii. Promotion of trafficking in persons occurs when knowingly a person gives his/her premises for human trafficking purposes; publishes or imports or exports materials to promote human trafficking; or promoting trafficking in persons in any other way. The punishment for this is ten years imprisonment and a fine of Ksh. 5million or both. Upon subsequent convictions the imprisonment term is fifteen years without the option for a fine.
iv. Facilitating entry into or exit out of the country occurs when a person facilitates aids or abets the exit or entry of persons from or to the country at international airports, territorial boundaries for purposes of trafficking in persons. The punishment is as iii above but on subsequent convictions one is liable for 10 years.
v. Interfering with travel documents and personal effects includes a) confiscating, concealing, altering, destroying or using identification or travel documents of another person in furtherance of trafficking in persons or b) ) confiscating, concealing, altering, destroying or using personal effects of another person or threatening to do so in furtherance of trafficking in persons or in order to prevent that other person from leaving the country or seeking redress from government or appropriate agencies. Punishment is as iv above.
vi. Life threatening circumstances or death: If during the commission of a human trafficking offence the victim suffers life threatening bodily harm that is permanent or dies or is afflicted with life threatening health condition; the person convicted shall be liable for life imprisonment.
vii. Trafficking in persons for organized crime: occurs when a person engages in trafficking in persons as part of an organized criminal group or the person organizes and directs other persons to commit an offence as an activity of an organized group. The punishment for this is imprisonment for life.
An omission in this section includes the treatment of diplomats. Diplomatic immunity is also a factor in many cases of human trafficking . The Bill has not addressed this issue. This means that the person should be separable when it comes to the commission of criminal acts. The miscellaneous section of the Bill however criminalizes acts by government officers facilitating the acquisition of travel documents for purposes of human trafficking.
Victim Protection
In recognition of the fact that victims of trafficking pass through horrendous experiences during their ordeals the bill provides for their privacy during hearings. The courts may even decide that some of the sessions be held in camera. It is, therefore, important in this case that those who bring a suit on behalf of the victim to the courts (i.e. the state) understand fully the circumstances that the victim passed through so as a determination may be made as to whether the sessions should be held in camera or not. This requires good level of competence in dealing with cases of this nature.
The Bill also proposes that publishing the proceedings held in camera is an offence. The court apart from imprisoning the culprit may also order him or her to compensate the victim. The victim is also given immunity from prosecution. While this immunity is important for the genuine victims, care must be taken that it is not used as a loophole to advance criminal activities. The bill empowers the minister in charge of gender formulate plans for the provision of appropriate services for victims of trafficking in the light of the 3Ps. In order to help the victim find recourse the bill provides that
The victim will be eligible to work during their duration of necessary presence in Kenya
Remain in Kenya until their legal proceeding are concluded
Be communicated to in a language he/she understands
Exempted from court fines
Assistance in repatriation
So far, there are many challenges in todays Kenya as far as victim assistance is concerned. It will be important to ensure that the legal system is made to work faster in cases of this nature so as it does not become burdensome for a victim taking time in Kenya waiting for justice. Secondly, there are very few safe havens for trafficking victims. At times, victims have been placed in police custody while waiting for the final recourse. Repatriation always poses a challenge; is it enough to give the victim money to go home or to put him/her in an efficient transport means back home? Certainly not, as the victim will need to be assisted reintegrate back to her/his original society fully. Reintegration is first self restoration and second, the ability to fit into the society. It must be observed here that the victim coming from a trafficking ordeal might have been subjected to a heavy legal ordeal and other energy draining ordeals in a strange place. Many a time they experience shame and bitterness which is directed to their home societies. Hence the costs of rehabilitation and reintegration are just too enormous and can only be met superficially in order to fully meet the needs of the victims. Lastly, issues of psycho social accompaniment in order to help the victim deal with the aftermath effects of trauma are important; including psychological counselling and religious accompaniment.
Views expressed in this section do not necessarily represent the opinions of CISA
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