Recently, the author was approached by two individuals who described themselves as human rights activists. This sparked reflection on the true meaning of being a human rights activist. According to the Kenyan constitution, every person has an obligation to respect, uphold, and defend it. This obligation is not limited to resisting an attempted coup or demonstrating against government action, but is much wider. The constitution states that the Bill of Rights applies to all law and binds all state organs and persons.
The author argues that respecting the law doesn't just mean thinking it's important, but also acting in accordance with it. This includes expecting others to respect the constitution, whether they are public bodies, private citizens, or organizations. Insisting on one's own rights being respected not only benefits the individual but also helps establish better practice. The author suggests that one can forgive a wrongdoer while still insisting they suffer the consequences of their unconstitutional action, which serves the public interest.
There are various ways to take action and be an activist for human rights. These include expressing views publicly through demonstrations, writing, or artistic work. The constitution recognizes freedom of expression, including artistic creation, and the media's role in it. Additionally, citizens can present views supportive of human rights to government bodies, as public participation is a national value. This can involve petitioning authorities, asking questions to get information, and voting for a government that protects human rights.
The author highlights the importance of being a human rights-conscious citizen, where everyone understands and advocates for human rights. This can be achieved through public participation in the work of national and county law-making agencies. The constitution also protects the right to ask for information from government and non-state sources if needed for human rights protection. Furthermore, citizens have the right to petition public authorities and vote for representatives who will protect human rights.
Going to court is another way to support human rights, and under the new constitution, anyone can take a case to court for the benefit of someone else's rights. This is known as public interest litigation. Various bodies and individuals, including the Law Society and human rights commissions, frequently bring such cases. The constitution encourages litigating human rights issues by minimizing formalities and procedural technicalities.
The author emphasizes that being a human rights activist does not require expensive and complicated actions like going to court. Simple actions, such as expressing views publicly or petitioning authorities, can make a difference. The constitution provides a framework for citizens to take action and promote human rights. By working together, citizens can create a society that values and respects human rights.
The question remains whether the obligation to respect constitutional rights is enforceable. The author notes that most Chapter Four rights are binding on people as well as the government. Ultimately, it is up to citizens to take action and promote human rights, making them all human rights activists. By embracing this role, Kenyans can work towards creating a society that upholds and defends the constitution.
Key points
- Every Kenyan citizen has an obligation to respect, uphold, and defend the constitution, making them all human rights activists.
- There are various ways to take action and be an activist for human rights, including expressing views publicly, petitioning authorities, and going to court.
- Being a human rights-conscious citizen requires understanding and advocating for human rights, and working together to create a society that values and respects them.
