Amkeni Wakenya

Civil society Should take lead in the realization of Economic and Social Cultural Rights

Posted at Apr 18, 2011

Nairobi, 18th April, 2011

Civil society has been challenged to play a pro-active role for economic and social cultural rights   to be realized.
Speaking this morning in Nairobi,  Justice Zak Yacoob of the South African Constitutional Court,  noted that  Civil Society in South Africa was instrumental in instituting  public interest  litigation,  thereby giving the Constitutional Court an opportunity to make  far reaching pronouncements  in the  enjoyment of  economic  and social cultural rights.
 Justice  Yacoob   pointed that  it is through  such action that  the right to housing has  been  extended to many poor South Africans, and where the  Constitution  has been an  effective  instrument  of social change. While acknowledging that the executive has a primary responsibility in establishing programmes  for the realization of rights,  he noted such  efforts  are often  opposed  by those  who had  been  benefiting  from  the status  quo.
Echoing similar sentiments, the Chairman of the Parliamentary Caucus on Reforms, Hon.  Danston Mungatana expressed dismay on the continued silence by civil society on key national issues leaving the politicians to set the national agenda. He challenged civil society to provide alternative and viable   platforms through which national debate   can be shaped to benefit the local citizenry. He decried the current situation where selfish political interests  have  taken centre stage  at the detriment of real issues such  as increased  cost s of food and  fuel  that  have affected the  quality of life of a  majority of Kenyans. 
 The meeting sponsored by the South African High Commission alongside UNDP Amkeni Wakenya, the Ford Foundation and the Westminster Foundation for Democracy brought together   participants from Commission on the Implementation of the Constitution Kenya National Commission on Human Rights, and leading Civil Society organizations.
During the meeting the Chairman of the Commission on the Implementation of the Constitution (CIC) Mr. Charles Nyachae expressed optimism that the CIC would   continue to advise   the executive on the implementation of the Constitution.  Mr.  Nyachae observed that the CIC has the final mandate   to lead in this process and would do so without any fear of favour.
Speaking at the meeting Mr.  Aaenes Chuma, the UNDP Resident Representative in Kenya noted that failure to implement economic and social cultural rights would be a betrayal of the Constitution. He pledged   the continued support of UNDP and other development partners   in the Constitutional Implementation process.
Others  present were Prof Yash Pal Ghai, Mrs  Monica Amolo – Chairperson  of  Amkeni Wakenya  Stakeholder’s  Reference  Group ,   Commissioner  Wambui Kimathi of KNCHR, Salome Kimaita of  UDEK,  Zaya  Yeebo  Manager Amkeni Wakenya  among  other.  

Compiled by Rebecca Muniu