RAPID RESULTS INITIATIVE: CONSTITUTION AND NATION BUILDING By: Prof. Amb. Maria Nzomo Team Leader Dr. Stephen Ochiel - Member Prof. Tabitha K. Nganga - Member Hon. Justice Nancy Baraza - Member University of Nairobi ISO 9001:2008 1 Certified http://www.uonbi.ac.ke
INTRODUCTION Nation building not only requires shared values, aspirations, common language, symbols, and a common historical narrative, but also: Common sense of loyalty and pride of belonging to one geographical entity/state/country, such as Kenya. Common sense of identity and belonging that goes beyond the more partial identities and less uniting social identities based on gender, religion, ethnicity etc. University of Nairobi ISO 9001:2008 2 Certified http://www.uonbi.ac.ke
CONT D. The Constitution of Kenya 2010 articulates and epitomizes our shared national identity and citizenship both necessary for nation building The Constitution provides a uniting and inclusive framework that is meant to guide the process of nation building. It is not only a legal document, but also a moral and ethical compass and anchor for nation-building. It is the pillar against which those in leadership should be measured and judged. University of Nairobi ISO 9001:2008 3 Certified http://www.uonbi.ac.ke
CONT D. The sections of the constitution are the key building blocks of nationalism & if well implemented as envisioned by the constitution, would effectively contribute to the goal of nation-building University of Nairobi ISO 9001:2008 4 Certified http://www.uonbi.ac.ke
THE PREAMBLE The Preamble summarizes the basic spirit, philosophy, principles, values and national goals of the Kenyan people. The Preamble affirms our aspirations as Kenyan people and lays the basis for us to chart a common destiny. University of Nairobi ISO 9001:2008 5 Certified http://www.uonbi.ac.ke
CHAPTER 2: THE REPUBLIC This chapter recognizes that Kenya is a sovereign, multiparty democratic Republic/State founded on the national Values and Principles, which are contained at Article TEN (National Values and Principles of Governance). Article 10(2) outlines the basic national values that include: patriotism, national unity, human dignity, equity, equality, non-discrimination, inclusiveness, human rights good governance integrity, transparency University of Nairobi ISO 9001:2008 6 Certified http://www.uonbi.ac.ke
CONT D. The chapter establishes the core values that unite us as Kenyans. It recognizes the diversity of our cultural heritage & our shared national aspirations which are critical components of our identity and basis for building national cohesion. University of Nairobi ISO 9001:2008 7 Certified http://www.uonbi.ac.ke
CHAPTER 3: CITIZENSHIP Citizenship denotes an identity that creates the link between a person and a legally recognized State. Possession of citizenship is normally associated with the right to work, live and to fully participate in the political, social & economic life of a given country. Citizenship is embodied in the constitution, which provides for both rights and duties University of Nairobi ISO 9001:2008 8 Certified http://www.uonbi.ac.ke
CONT D. Rights/ entitlements of citizens include the right to: any document of registration or identification issued by the State; right to enter, exit, remain in and reside anywhere in Kenya; to fully participate in Kenya s political, social & economic life; own land and other property in any part of the country; be elected and be appointed to any public office. University of Nairobi ISO 9001:2008 9 Certified http://www.uonbi.ac.ke
CONT D. In Article 23 of the Kenya Citizenship and Immigration Act of 2011, the duties of citizens are summarized as follows: allegiance to the state and constitution, obedience to the laws of Kenya, payment of taxes; protection and conservation of the environment; respect and promotion of the dignity and rights of other persons; national integration and unity, peaceful co-existence; and the values and principles prescribed in the Constitution University of Nairobi ISO 9001:2008 10 Certified http://www.uonbi.ac.ke
CHAPTER 4: BILL OF RIGHTS The Bill of Rights is perhaps the most important chapter of the Constitution as it spells out the fundamental & inalienable rights and freedoms of the Kenyan people. The Chapter underscores that the purpose of recognizing and protecting human rights and fundamental freedoms is to preserve the dignity of the individuals and communities and to promote social justice and the realization of the potential of all human beings. University of Nairobi ISO 9001:2008 11 Certified http://www.uonbi.ac.ke
TYPES OF RIGHTS The chapter binds the state organs and all public officers to have the duty to address the needs of vulnerable groups within society. Citizens have the right to institute court proceedings if a right or fundamental freedom in the bill of rights has been denied or is being threatened. The Bill of Rights applies to all laws and binds all state organs and all persons. University of Nairobi ISO 9001:2008 12 Certified http://www.uonbi.ac.ke
TYPES OF RIGHTS The Chapter recognizes all categories of rights: First generation rights-civil and political rights Second generation rights-socio-economic and political rights Third generation rights-cultural/indigenous rights University of Nairobi ISO 9001:2008 13 Certified http://www.uonbi.ac.ke
EQUALITY, EQUITY, AA & NON- DISCRIMINATION Article 27 guarantees freedom from discrimination, equality before the law & the right to equal protection & equal benefit from the law & equal enjoyment of all rights and fundamental freedoms Article 27(3) guarantees gender equality & 27(6 &8) obligates the State to take legislative measures to ensure gender equity via Affirmative Action (AA). Article 27(4& 5) forbids any form of discrimination Article 28 guarantees respect and protection of human dignity of all which it recognizes as inherent. University of Nairobi ISO 9001:2008 14 Certified http://www.uonbi.ac.ke
SOCIAL & ECONOMIC RIGHTS Article 43 guarantees a range of social and economic rights of all citizens of Kenya, that include the following the rights to: a) Health( including free emergency treatment for all) b) accessible & adequate housing & sanitation c) Food of acceptable quality d) clean, safe & adequate water e) Social Security f) Education University of Nairobi ISO 9001:2008 15 Certified http://www.uonbi.ac.ke
PERSONS WITH DISABLILITIES Article 54 (1b) of the constitution of Kenya 2010 provides for the rights of persons with disabilities to access educational institutions and facilities integrated into society to the extent compatible with the interests of the person. Further, groups such as women, persons living with disabilities, children, the elderly, the youth, the minorities among others are guaranteed their rights. University of Nairobi ISO 9001:2008 16 Certified http://www.uonbi.ac.ke
MINORITIES & MARGINALIZED GROUPS Article 56 of the constitution obliges the State to: put in place AA programs for the minorities and marginalized groups. provide special opportunities in education and economic fields. Provide special opportunities for access to employment and to develop their cultural values, languages and practices. University of Nairobi ISO 9001:2008 17 Certified http://www.uonbi.ac.ke
THE RIGHTS OF YOUTH Article 55 of the Constitution of Kenya 2010 states that The State shall take measures, including AA programs, to ensure that the youth : Access relevant education and training; Have opportunities to associate, be represented and participate in political, social, economic and other spheres of life; Access to employment and protection from harmful cultural practices and exploitation. University of Nairobi ISO 9001:2008 18 Certified http://www.uonbi.ac.ke
OLDER PERSONS RIGHTS Article 57 recognizes rights of older members of society and obligates the state to take measures to ensure that they participate in the affairs of society, pursue personal development, live in dignity, respect and free from abuse and neglect. Similarly, Article 43(3) obligates the State to: provide appropriate social security to persons who are unable to support themselves and their dependants. University of Nairobi ISO 9001:2008 19 Certified http://www.uonbi.ac.ke
CHAPTER 6: LEADERSHIP & INTEGRITY This chapter is tailored on and assumes the upholding of national values and principles as outlined in article 10. The basic principles of leadership and integrity are clearly spelled out at Article 73 (2)of the 2010 Constitution. They include: personal integrity, honesty, competence, objectivity, impartiality, selfless service, accountability, discipline & commitment in public service. University of Nairobi ISO 9001:2008 20 Certified http://www.uonbi.ac.ke
ROLE OF UNIVERSITY OF NAIROBI IN NATION BUILDING The University of Nairobi is a microcosm of the Kenyan State and the society. The University of Nairobi stands in a strategic and influential position to lead the country in implementing provisions of the constitution that relate to nation-building University of Nairobi ISO 9001:2008 21 Certified http://www.uonbi.ac.ke
UON & NATION BUILDING In this regard, it is important to note that National ROLE OF UNIVERSITY OF Values and NAIROBI Principles IN NATION as outlined BUILDING in the Constitution are in many ways similar to the Values and Principles of Governance of the University Of Nairobi (UoN) e.g. the 2013 UoN Charter and the Strategic Plan 2013-2018. The University of Nairobi is indeed awesome in terms of size, history but also wealth. University of Nairobi ISO 9001:2008 22 Certified http://www.uonbi.ac.ke
NATIONAL VALUES & PRINCIPLES Need to mainstream and institutionalize national values & principles in our teaching curricula, as a means for developing a common identity based on shared values. Identify, select and utilize the best out of our multiculturalism to build a strong UoN culture and ethos that that mirrors our Kenyaness. University of Nairobi ISO 9001:2008 23 Certified http://www.uonbi.ac.ke
UON: OUR COMMON HERITAGE Understand & internalize the historical symbols, milestones and the historical significance of the UoN to create a sense of pride & shared identity. E.g. significance of names such as, the Gandhi Wing, the Box, Stella Awinja Hostels etc. Develop a sense of ownership and desire not only to utilize but also protect the resources of the University of Nairobi University of Nairobi ISO 9001:2008 24 Certified http://www.uonbi.ac.ke
NATIONAL VALUES&PRINCIPLES ON SYMBOLS Encourage NATIONAL and develop VALUES the spirit & PRINCIPLES of patriotism through the use of symbols to develop an identity. Examples of these symbols include the UON Emblem, Colors, Motto (Unitate te labore), fountain of knowledge, e.t.c Have a university wide compulsory program during orientation of new students to introduce them to the UoN s common heritage & culture. University of Nairobi ISO 9001:2008 25 Certified http://www.uonbi.ac.ke
NATIONAL VALUES & PRINCIPLES ON EDUCATION UON can make institutionalize the teaching of NVP in all our Curricula, especially in the Common Undergraduate Courses. Create a regular platform through which UON Community can learn the Constitution and help them internalize it especially the National Values and Principles. University of Nairobi ISO 9001:2008 26 Certified http://www.uonbi.ac.ke
ON CITIZENSHIP In implementing citizenship, the UON should not focus on excelling in claiming rights/ entitlements, but rather in fulfilling our obligations as citizens. In assessing the extent to which as a university community we have complied with requirements of good citizenship, we need to take a closer look at our performance in enforcing our own policies on good corporate governance and social responsibility University of Nairobi ISO 9001:2008 27 Certified http://www.uonbi.ac.ke
CITIZENSHIP (contd.) In so doing, we need to critically assess our performance for example, in respect to our ON CITIZENSHIP objectivity and impartiality in decision making, in a manner devoid of nepotism, favouritism and other improper motives or corrupt practices. We need to strengthen the existing mechanisms and perhaps create an objective & overarching oversight organ that regularly monitors & evaluates our performance in this regard University of Nairobi ISO 9001:2008 28 Certified http://www.uonbi.ac.ke
CITIZENSHIP: Mentoring & Community Service How many of us engage in mentoring students beyond the class room, so that they can be both competent professionals and good future leaders of this country? If we do, is out of our own volition or part our official work? University of Nairobi ISO 9001:2008 29 Certified http://www.uonbi.ac.ke
ON EQUALITY, AA & NON- DISCRIMINATION To the credit of the UON on the principles of equality and non-discrimination, its policy documents including the Charter, the current Strategic Plan, as well as the Gender Policy document, all underscore the importance of equality and non-discrimination. Significant efforts have also been made to comply with the AA principle in respect to admissions of female students to the university. University of Nairobi ISO 9001:2008 30 Certified http://www.uonbi.ac.ke
EQUALITY, AA & NON-DISCRIMINATION However, in respect to the composition of UON management and decision-making structures, especially at top management levels is not optimal. Furthermore, patriarchal cultural values that undermine the goal of gender equality and nondiscrimination remain & needs to be addressed through regular sensitization of the University Community on gender relations, rights & obligations. University of Nairobi ISO 9001:2008 31 Certified http://www.uonbi.ac.ke
ECONOMIC RIGHTS The University needs to establish viable and institutionalized links with industry for internships, exchange programs to gain experience. These should be mainstreamed in the curriculum. The University needs to establish, institutionalize and nurture incubation centers through which students can develop entrepreneurial skills. University of Nairobi ISO 9001:2008 32 Certified http://www.uonbi.ac.ke
RIGHT TO LIVELIHOOD & HOUSING The University of Nairobi can help implement this constitutional provision through: Increased research into drought resistant crops, high yielding crops and animals, intensifying production from its agricultural firms and so on. Food for Work Programs for under privileged students. University of Nairobi ISO 9001:2008 33 Certified http://www.uonbi.ac.ke
RIGHT TO LIVELIHOOD & HOUSING The UoN can help the realization of this constitutional right by entering into partnership with the private sector to build cheap high-rise apartments for use by these students. Institutionalize graduate teaching assistantship and tutorial fellowships to assist needy students to study & earn a livelihood. Revise academic curriculum to make them industry oriented and geared towards entrepreneurship. University of Nairobi ISO 9001:2008 34 Certified http://www.uonbi.ac.ke
RIGHT TO HEALTH The University of Nairobi as the biggest trainer of medical staff has a huge role in the implementation of the right to health provision of the constitution. Increase the production of quality medical practitioners. Need to continue to strengthen the healthcare facilities and efficiency in healthcare provisioning, to ensure every member of its community access & enjoy the right to quality healthcare. University of Nairobi ISO 9001:2008 35 Certified http://www.uonbi.ac.ke
PERSONS LIVING WITH DISABILITIES Need to create proper infrastructure to facilitate movement and learning for persons with disability. Most of the buildings in the university are not accessible to those with physical challenges. The University needs to ensure it has Braille and other facilities in all its colleges as a matter of right for these people. University of Nairobi ISO 9001:2008 36 Certified http://www.uonbi.ac.ke
VULNERABLE/ DESTITUTE STUDENTS The University can help contribute to nation building by intensifying research into best practices of social protection for the various vulnerable students. The University should put in place, policy mechanisms to source for bursaries, scholarships and other work programs so that no student is denied this basic right due to lack of fees. University of Nairobi ISO 9001:2008 37 Certified http://www.uonbi.ac.ke
GOVERNANCE & MANAGEMENT UoN Management at all levels should be fully compliant with Article 10 & Chapter 6 of the Constitution. Within the framework of the UoN Anti Corruption Policy, there s a concerted effort to ensure that at every level of administration, there is an active anticorruption Unit. But having policies & mechanisms is only a first step on the challenging journey of rooting out corruption. University of Nairobi ISO 9001:2008 38 Certified http://www.uonbi.ac.ke
GOVERNANCE & MANAGEMENT With respect to students exam cheating in the University, proven cases have led to students being expelled from the University. But there seems to be no mechanism for mechanism who may collude with students To underscore its commitment with respect to combat plagiarism, UON has put in place an Intellectual Property (IP) Policy & secured a software for detecting plagiarism There is a need to create an equal platform of sharing of rights and obligations between and across hierarchies of management administration/management/decision making/support staff, in order to enhance the cohesiveness in imparting the core values of the University. University of Nairobi ISO 9001:2008 39 Certified http://www.uonbi.ac.ke
CONSERVING THE ENVIRONMENT Develop of a university culture of environmental conservation,e.g. picking trash and putting it in the garbage bin as we walk around the University? Tree-planting and related activities should become a regular feature of UON Activities UON need to strengthen the Wangari Maathai Institute, to become a centre of excellence on environmental research, e.g. energy saving innovations University of Nairobi ISO 9001:2008 40 Certified http://www.uonbi.ac.ke