Let us think beyond November 21, please

By: Maina Kiai

There is no doubt now. This referendum is not about the Constitution at all. It is about power and ethnic politics.

It is about unfinished political squabbles, reinvention of politicians with skeletons in their closets and the support for politicians engaged in new corruption. It is about the Banana side maintaining power and the Orange side wresting it.

And we, the majority non-politician Kenyans, are the cannon fodder, the pawns in this zero-sum contest for power between a very small clique of political players with a knack for manipulation for power, self-interest and illegally generated wealth.

We have all heard, via the media or directly, statements from the political leaders on both sides that leave no doubt in the mind that this whole referendum has moved past the Constitution and is about power and ethnicity.

The Yes side is not discussing the merits and demerits of the proposed Constitution so that voters can make up their own minds. They are using public servants - who should be neutral - to run their campaigns.

Can there be any doubt when the No side bashes the Government - not the Draft - and asks Kenyans to "teach the Government a lesson" by voting No? Or when their most prominent member publicly declares that he is ashamed of being in the Cabinet? Yet that same person decides that staying in a position of power is bigger than his shame. Many of those supporting Yes are doing so because they do not like one or the other of the leading lights in the No side; do not like the history of some in the No side; or on ethnic basis.

Similarly, many of those supporting the No side do so because they don't like the arrogance of one or another in the Yes side; want to teach those currently exercising power a lesson; or believe that, by voting No, their ethnic group will come to power.

Of course, there are some on both sides who believe - for whatever reason - that their side is right. And there are others with strong convictions either for or against the Draft, but find the politicising of the process discomforting for various reasons.

Yet, there are many of us who don't like either option; who don't want to be part of the machinations and manipulations of the political class and are reluctant supporters of either side simply for lack of alternatives.

And that has led to confusion and frustrations, because we know that this process is not about what the political class is telling us. And we are struggling to find appropriate "space" that can validate the disgust we have with the process and the political elite.

We are frustrated since it seems we are heading into the confusion of November 21 referendum without brakes.

We know that the referendum should be about making a decision on a draft document marked by principle, information and consensus, but recognise that this is not the reality we are dealing with at present and will likely stay this way till November 21.

Ideally, a constitution reform process is meant to bring a country together on basic values that identify it as one country with agreed principles and aspirations.

It sets the ground rules for governance, accountability and justice, affirming the responsibility and limits of government and hereby creating a social contract between the governed and the government.

Our process - especially since Bomas in 2003 - has been everything else but that. It has been about maintaining or getting power. It has been about emphasising the national divisions - whether ethnic or religious - as a means of capturing or maintaining power, contrary to the expectations of civil society and religious groups that championed this cause in the 1990s.

And it has been about political payback with little room for principles, values and the aspirations of Kenyans.

Moreover, the deepening divisions based on ethnicity and personal power politics are worrying to many Kenyans looking beyond November 21. The inability - on both sides - to articulate a vision of unity, tolerance and respect after November 21 has raised sky-high the stakes in this referendum.

How do both sides intend to start healing the rifts they are creating with their abusive language, the use of ethnicity as a tool for gathering votes and by abusing power?

And let us not think that chaos is impossible. Just last week, Addis Ababa was rocked by clashes, violence and riots from the discontent and divisions stemming from the elections in May, six months back!

With our economy on a recovery path now, what would be the impact on, say, tourism, if we have chaos in Nairobi after November 21? What price will local shopkeepers, hawkers and others pay if we are unable to manage our divisions in a civilised manner?

So is there anything that we can do? I believe so, even if in a small way. First, we must keep focusing on the need for peace, tolerance and stability after November 21 even if the political leaders don't seem concerned to reach out to one another in a spirit of tolerance and compromise.

If ever there was a time to pray for Kenya and for continued improvement in our economy, this is the time. Any chaos after November 21 will clearly have been precipitated by political leaders on both sides, intent n showing each other who is the "man" and leaving the ordinary Kenyan to suffer the consequences.

And we should resist - as strenuously as possible - the selfish attempts by the political leaders to create "ethnic kingdoms" that "speak with one voice."

Nothing could be more dangerous for our fledgling democracy as this trend, as it portends, eventually, five or six men - the ethnic kings - deciding the fate of the entire country any way they want through horse-trading based on their individual desires.

And that will eventually mean more corruption, more ethnic conflicts and more tensions in Kenya, whether we pass this draft or not.

In practical terms, here are some ideas of what we can do:

-Start two weeks of prayers, fasting and/or meditation from November 19, for peace, stability and good governance;

-As Kenyans of goodwill and peace - notwithstanding our stands in the process so far - let us wear something green or white as a symbol of peace till Christmas (or after). Green reflects "new beginnings" and is a neutral but strong colour while white stands for peace in our flag.

-Every day at 5pm from now till the end of December, hoot all vehicle horns for two minutes as a message to politicians that they must start listening to us, the ordinary Kenyans. And if you have no access to a vehicle, blow a whistle, bang on a sufuria, or whatever, for two minutes.

-Call on our churches, mosques, temples and pagodas to set up tables where we can collect signatures on our desire for peace and tolerance within the existing political leadership with the goal of presenting at least one million signatures to our political leadership expressing our views on the current divisions.

Yes, these are small efforts, and even if we don't get the political class to change before November 21, let it be said that all peace-lovers played their part and that when the country counted more than the selfish power interests of the political class, we stood up and were counted.

Mr Kiai is chairman of the Kenya National Commission on Human Rights

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