History and Government Form 2 Notes : CHAPTER 7 – Democracy and human rights

CHAPTER 7

Democracy and Human Rights

Democracy is a Greek term derived from the Greek words demos, which means people, and kratia, which signifies power or rule.

The word democracy may mean people’s rule. It may also imply a system of government where the people of a country take part in decision making through elected representatives. Abraham Lincoln defined democracy as “a government of the people, for the people, and by the people.”

His definition is very popular and easy to comprehend. Any country with a true democratic system of government allows the people to enjoy rights and freedoms such as the right to life, right to liberty, freedom of speech, freedom of political opinion, and freedom of religion. It handles legal matters in accordance with the law. All people in the country are regarded as equal before the law irrespective of their status, race, or religion.

In a democratic country, people’s opinions are taken very seriously because the government has to live up to people’s expectations. A country that does not honour the opinions of the people (public opinion) becomes unpopular and is disowned by the majority who later vote it out of power.

From the above explanation, we may summarise the main features of democracy as below:

1. Democracy gives room for consent to various aspects. This is either done directly or through people’s representatives.
2. Democracy emphasises equality of all people. The government therefore tries to provide all people with equal opportunities.
3. Democracy gives people freedom to organise and enjoy their rights.

Types of Democracy

The two common types of democracy are:

1. Direct democracy
2. Indirect democracy

Direct Democracy

A direct democracy is one in which people in a country are allowed to participate directly in all decision making. It is sometimes called pure democracy. This kind of decision making was very common among the Bushmen of South Africa and the people of the Greek city-states.

Unfortunately, direct democracy cannot work in countries with large populations because all the people cannot be consulted before decisions are made. It therefore succeeds in countries or communities with very few people where the opinion of every person is considered very useful before final decisions on various issues are made. What is agreed upon by all is accepted by all without question.

Direct democracy principles have been applied in Kenya in the attempt to allow people to exercise their democratic rights. Kenyans, for example, have been consulted to give their opinion concerning the constitutional review.

In case some issues are not agreed upon by members of the constitutional conference, a referendum has to be used so as to act according to the will of the people.

Indirect Democracy

This is sometimes referred to as representative democracy.

In this case, people do not participate directly in decision making. They normally use their representatives. The people, by way of voting, elect the representatives who specifically express people’s feelings on public issues. Indirect democracy is practical in large modern states because they are huge in size and population.

The disadvantages of this method are that the people who are elected can easily ignore the people who elected them. They can also fail to consult the electorate in order to air their views in parliament.

There are two types of representative democracy. These are:

1. Parliamentary democracy
2. Presidential democracy

Parliamentary Democracy

Here, people cast votes to elect their representatives. Those who are elected choose one person to take leadership as Prime Minister.

The one who is chosen appoints the other ministers from among the members of parliament. Those appointed form the cabinet. The Prime Minister can be forced to resign if the other legislators cast a vote of no confidence on him. If this is done, another Prime Minister is elected to form the government.

Presidential Democracy

Here, the President and other members of Parliament are elected directly by the electorate. They then form a government that lasts for a specified period of time. In the Kenyan case, it is 5 years. Neither of the two arms of the government, executive and legislature, has full control over the other in this type of democracy. They only act as checks and balances, therefore ensuring that none of them tries to overshadow the other.

Principles of Democracy

Democratic principles are the moral and professional standards that are necessary in a democracy.

They play the role of showing whether a country is democratic or not. The principles of democracy are found in the Bill of Rights, which is the framework for the adoption of social, economic, and cultural policies.

The principles of democracy are:

1. Rule of Law

This implies that there must be equality before the law. All people in a country are subject to the same law. People must obey the law. Those who violate the established laws are prosecuted and punished if found guilty. The law should apply to all people equally without any discrimination on the basis of gender, race, ethnicity, religion, political affiliation, colour, disability, social status, and other physical or social characteristics.

2. People’s Participation in Governance

In a democratic country, people should participate in the governing of their country. They should be involved in the decision-making processes.

A person can participate in government by getting involved in voting to elect the most responsible representative of the people in the country’s parliament. A person can also contest for a parliamentary or civic post.

One can be a member of a non-governmental organisation or association that is free to hold discussions on matters affecting the country, e.g., Maendeleo ya Wanawake. Such an organisation can help to control the activities of the government in order to prevent it from abusing its powers.

3. Economic Liberty

Democratic governments allow their citizens to have freedom of action, choice, and decision when dealing with issues pertaining to their economic status. This may be achieved through allowing privatisation of business partners and markets for selling one’s goods. All this gives individuals lawful authority to genuinely attain and control their own wealth.

4. Respect for and Protection of Human Rights

Human rights should be respected and protected because they are essential aspects of democracy which promote respect for human life and dignity. Human rights are recognised and protected to preserve the dignity of individuals and communities and to promote social justice and the realisation of the potential of all human beings.

5. Need to Conduct Free and Fair Elections

Elections should be held every time after an agreed period. In Kenya, elections are held every five years. Elections should not involve unfair practices such as corruption, intimidation, and rigging.

6. Respect of Other People’s Opinions

In a democratic country, the opinions of political opponents should never be dismissed.

The opinions of political opponents should help those in control to streamline or even adjust their actions.

7. Bill of Rights

Every democratic country should have a Bill of Rights, which contains the rights and freedoms of all citizens and the limitations of these rights and freedoms.

8. Equal Status of All People (Citizens)

There should be no discrimination based on colour, race, gender, political position, or ethnic group.

All people should be regarded as equal before the law and therefore be provided with equal opportunities and privileges.

9. Transparency and Accountability

Any country which claims to be democratic must operate in such a way that the citizens are aware of what the government is doing and what it intends to do. There should be a high degree of openness on the side of the government. The government should listen to and respect the views of its citizens and otherwise act accordingly.

Transparency and accountability may be achieved through constant meetings of the authorities with the people and through advertisements done through the mass media and print media.

10. Application of Democratic Principles such as Liberty and Social Justice

11. Separation of Functions Between the Executive, the Legislature, and the Judiciary

12. Provision of Equal Opportunities for All Citizens Without Discrimination

NB: The process of building a democracy is referred to as democratisation. The agents of democratisation are interest groups, political parties, civil society, the mass media, and state institutions such as the Judiciary, Parliament, the civil service, and other state-sponsored bodies such as the Human Rights Commission and anti-corruption authorities.

Human Rights

Human rights can be defined as a set of basic rules of justice to which each human being is entitled. They can also be defined as things that any individual is allowed to do or have by the law. One is legally allowed to do or have those things irrespective of race, religion, political opinion, creed, sex, language, place of origin, age, tribe, colour, or other local connections.

In Kenya, every person is guaranteed freedom of speech, religion, association, and movement. He or she is also guaranteed the right to life, right to own property, and right to personal liberty. Governments do not give these rights. They are the rights needed to live a human life.

As one enjoys these fundamental rights, he or she should follow the law. He or she should not interfere with other people’s rights or with the functioning of the government or the whole society’s enjoyment of rights. The rights of individuals are contained in chapter five of the constitution. The functions of Human Rights are:

1. To safeguard the individual’s security, life, and liberty.
2. To safeguard the individual’s freedom of conscience, movement, association, and speech, etc.
3. To safeguard the individual’s private property and home.
4. Human rights empower people to air their own views independently without fear. People should have the freedom of expression.
5. They ensure that the weak and the poor are not oppressed by the rich and powerful.
6. The human rights fulfil the moral and spiritual requirements of individuals.
7. They limit conflicts between people, therefore inculcating the need for unity.
8. The human rights guide the government on how to deal with its citizens so that the citizens can gain confidence in the government.

Features of Human Rights

The main features of human rights are:

1. Human rights affect all people in the world. Every human being therefore has the right to enjoy these fundamental human rights.
2. There are limitations of human rights. This simply means that sometimes people abuse human rights when they fail to honour the rights of others. Due to this, the law has put some limitations on some of the rights and freedoms of individuals.
3. Human rights are interdependent in that sometimes you must have a certain right in order to enjoy another. You cannot enjoy the freedom of speech if you are denied the freedom of association because you will not get somebody to talk to. If you are living in a state of insecurity and your life is in danger, then you cannot enjoy many other rights such as the right to liberty, freedom of association, and freedom of movement.
4. If the country is at war, certain provisions of the fundamental rights can be suspended. Examples of the provisions which can be suspended are:
   • The protection in respect to the rights to liberty
   • Freedom of expression (speech)
   • Freedom of movement
   • Right against forced search or entry
   • Freedom of association
   • Anti-discrimination provision

Violation of Human Rights

In order to ensure that human rights are not violated, the government of Kenya set up a standing committee on human rights aimed at providing citizens with a way they can report abuses of human rights. The role of this committee is to receive complaints on human rights abuses from the public. It then makes reports and suggestions to the government on the action to be taken against those who violate the rights. The Kenyan Human Rights Commission also draws attention to human rights abuses.

Other groups that observe and report issues on the abuse of human rights are religious groups, police, newspaper journalists, judges, educators, lawyers, trade unionists, and civil society organisations.

The Bill of Rights

The Bill of Rights is a statement of human or civil rights in a constitution. It explains and guarantees the rights of individuals. It also clarifies the circumstances which may force the government to deny an individual his rights and freedoms.

The Bill of Rights in the Kenya constitution is derived from the International Bill of Rights that is found in the International Covenant on Civil and Political Rights.

Some of the provisions of the International Bill of Rights are:

1. It states clearly the right to self-determination. Here people are allowed to determine their political position and to continue with their socio-economic and cultural advancement.
2. There should be equal rights for both men and women as they enjoy civil and political rights.
3. All people have the right to freedom of association.
4. No person shall be subjected to arbitrary interference with his family or privacy.
5. All people are equal before the law. Therefore, no person is above the law and the law should apply to all people equally without any discrimination.
6. All people have a right to freedom of conscience and religion.
7. No person shall be subjected to inhuman treatment or torture.
8. All people have the right to liberty.
9. All people living in a particular state lawfully have freedom of movement in that particular state.
10. Every person has the right to life that must be protected by law.
11. No person should be enslaved because all people have a right to freedom.
12. Every person has the right to be recognised everywhere in the world as a human being (person) before the law.
13. A couple has freedom to marry and start a family so long as they agree to do so.
14. Minority groups should never be denied their rights, for instance religious rights and cultural rights.
15. Everyone has the right to take part in the public affairs of the state he belongs to either directly or indirectly. So the right to vote and to be voted for is provided.

The Bill of Rights was included in the constitution of many democratic states including Kenya. However, the Bill of Rights in Kenya had a number of limitations in connection to the constitution in use from independence up to 2003. These are:

1. Some bills lost their power due to use of clauses or exceptions. For instance, in the constitution there was freedom of movement, but at the same time, the parliament was empowered to make laws that could restrict that freedom.
2. The ways of ensuring that the rights in the Bill of Rights were carried out were not clarified.
3. The Bill of Rights did not include or protect persons with disabilities against discrimination.
4. The provisions of suspending some of the rights contained in the Bill of Rights were generally very wide.
5. The marginalised communities were not very well protected because the Bill of Rights did not provide clear protection guidelines for such communities.
6. The Kenyan Bill of Rights did not mention the socio-economic and cultural rights as well as the rights to development and the rights to a clean environment.
7. Some sections of the laws allowed discrimination. For example, section 91 of the constitution discriminated against women when it allowed the child of a Kenyan father married to a foreign woman to get citizenship automatically, while the child of a Kenyan woman married to a foreigner could not be awarded citizenship automatically.

The UN Charter on Human Rights

The United Nations Organisation (UNO), sometimes referred to as UN, was established after the Second World War to promote international co-operation by encouraging respect for human rights and freedoms.

The Charter of the UN was signed on 26^th June 1945 and came into force on 24^th October 1945. It provided the constitutional basis for establishing international peace and security.

The need to have international peace and security arose as a result of people’s concern due to the damages caused by the First World War and the Second World War. During these two world wars, many people were killed and property worth millions of shillings destroyed.

To prevent such damages from occurring again, the Universal Declaration of Human Rights was written.

The Declaration of Human Rights states that, “all human beings are born free and equal in dignity and rights.”

The General Assembly of the United Nations adopted this declaration. It declares:

i) Civil and political rights

1. Cultural rights
2. Economic rights
3. Social rights

1. Civil and Political Rights

The aliens are protected from expulsion. People are prevented from being forced to testify against themselves or confess their guilt. It also provides for a right to be compensated in case of misuse or error of justice. There is prohibition of racial or religious hatred and ban of wars. Lastly, protection of ethnic, religious, or different language minorities is provided.

2. Cultural Rights, Economic Rights, and Social Rights

The rights included here are the right to work, the right to education, the right to form trade unions, the right to strike, the right to participate in cultural life, the right to have an adequate standard of living, the right to social security, the right to fair and favourable conditions of work, and the rights of minorities.

Kenyans enjoying the right to education

Some of the Human Rights Contained in the Universal Declaration of Human Rights Document

1. Nobody shall be subjected to arbitrary detention, arrest, or exile.
2. Nobody should be enslaved.
3. All human beings are born free and equal.
4. All people have a right to life and liberty.
5. All people have a right to freedom of association and assembly.
6. Any person charged with an offence must be presumed innocent until proved guilty in a court of law.
7. Every person has a right to own property. No property should be taken away without proper compensation.
8. Every person is entitled to the right to a fair hearing by an impartial and independent court.
9. The right to freedom of movement within one’s country is provided.
10. Anybody has a right to seek refuge in another country for political reasons.
11. Anybody has a right to freedom of expression (speech).
12. Anybody has a right to belong to a particular nation. One can also change his nationality if he wants.
13. All people are equal before the law.
14. Anybody is allowed to marry another person and start a family irrespective of their nationality, religion, colour, or race.

The Universal Declaration of Human Rights document is important because:

i) It provides an international standard by which governments can be judged on issues of human rights so that they can be accused of violating them and therefore be cut off internationally or certain sanctions put in place to punish them.

1. It encourages some countries to form regional blocs so as to be able to introduce and protect human rights.

The Rights of the Child

Children, like any other human beings, are entitled to certain rights that provide special protection to them. Children differ from adults in that they have limited capabilities. For this reason, they require protection and support of adults.

The rights of children are contained in the United Nations Convention on the Rights of the Child.

The Children’s Act in Kenya was passed by Parliament in the year 2002. It contained a number of rights for children. Some of them are as below:

1. Right to Life

Every child is entitled to the right to life. The parents and the government should therefore ensure that the children grow up without any obstacles that may affect their lives.

2. Right to Education

Children have a right to be educated. The parents must therefore ensure that their children obtain basic primary education that is now free. The government is ensuring that successful primary school pupils acquire secondary school education by providing bursary funds to students from poor families.

3. Protection from Exploitation

Children can easily be exploited as cheap labour. There should be regulations that protect children against exploitation. Children should not be forced to do any work that is likely to negatively affect them morally, physically, and mentally.

4. Protection from Discrimination

Children should be protected against various kinds of discrimination such as being discriminated against on the basis of colour, race, religion, sex, and many others.

5. Right to Good Medical Care

Parents and the government should ensure that children are provided with medical care. For instance, they can be vaccinated against certain diseases. Specialists for treating children should also be available.

6. Right to Religious Guidance

The parents should guide their children on how to practice their religion and also instruct them on religious matters.

7. Protection from Sexual Abuse

Children should be protected from rape and from being given money in exchange for sex by adults.

8. Right to Basic Requirements like Food, Shelter, and Clothing

Children have a right to be provided with food, shelter, and clothing by their parents. In times of famine, the government should provide children with food if their parents are not able to do so.

9. Right to Adoption

The government has put in place guidelines on the way adoption should be done.

10. Right to Play

Children should be allowed to play. It is when they play that they make discoveries and also settle their minds. Playing also enables them to socialise with others.

Children socialising

Classification of Human Rights

Human rights may be categorised as follows:

i) Political and civil rights

1. Social and cultural rights
2. Economic rights
3. Development and group rights

Political and Civil Rights

Political and civil rights are generally referred to as “Civil rights” or “Fundamental rights, freedoms, and protections”.

They enable individuals to follow their values and interests. They provide individuals with basic freedoms. Examples of civil rights are:

i) The right to life

1. The right to personal liberty
2. Freedom of expression
3. Freedom of conscience
4. Freedom of association and assembly
5. Freedom of movement
6. Freedom from discrimination
7. Protection against slavery and forced labour
8. Protection from arbitrary search and entry
9. Right to the secure protection of law

Social and Cultural Rights

They provide people with social freedom and basic needs such as education and health. They also provide people with the right to take part in cultural activities. They encourage fair treatment of all citizens and discourage inhuman treatment and interference with one’s body, premises, or private life, therefore ensuring security to the people. Examples of social and cultural rights are:

i) Right to education

1. Right to start a family or marry
2. Right to health or medical care
3. Right to housing or good shelter
4. Right to good food
5. Right to good clothing
6. Right to play and leisure
7. Right to social security
8. Right to parental love
9. Right to association
10. Protection from discrimination, sexual abuse, drugs, and disaster

Economic Rights

These provide people with economic freedom. They enable people to take part in economic activities freely without harassment. Economic rights provide people with the right to own and use property and the chance to work and provide for their livelihood. They also provide people with the right to freedom from forced labour and slavery. Examples of economic rights are:

i) Right to form and become a trade union member

1. Right to own property
2. Right to work and to fair judgement
3. Right to start and operate a business
4. Right to form and join a trade union

Developmental and Group Rights

These help people to have a better life. One of the ways of having a better life is living in a clean environment which is free from all forms of pollution, for instance excessive noise, excessive fumes and smoke, bad smell from rotting objects, and contaminated water due to careless dumping of pollutants. Group rights represent a specific group of people. Examples of development and group rights are:

i) The right to culture

1. The right to clean environment
2. The right to development
3. The right of persons with disabilities
4. The right of minorities

In conclusion, it is vital to note that the new government which took over leadership after 2002 immediately began addressing itself to the issue of discrimination against women and other minorities, which is an important issue on human rights. For decades, women and women’s groups have been disadvantaged yet they contribute greatly to the economy of the country.

There were also other groups that are marginalised on the basis of gender, disability, age, customs, and traditions.

The new government responded positively after power was handed over by the previous regime by taking Affirmative Action (measures to accelerate equality and reverse discrimination), which resulted in the nomination of more women to parliament after the general election.

It is hoped that the government will continue to encourage fairness to both genders in the assignment of responsibilities and leadership roles as well as making opportunities available for the marginalised groups. By so doing, there will be fair sharing, distribution, and allocation of jobs and resources for everyone’s benefit and also for the good of everyone in the country.

When this is achieved, all Kenyans will begin thinking, talking, trying, and acting to achieve all the goals set by the practical democratic leaders of our country.

Review Questions

1. a) Define the term ‘Democracy’.

b) Describe the two types of democracy below:

i) Direct Democracy

ii) Indirect or Representative Democracy

2. a) What are Human Rights?

b) Describe the UN Charter on Human Rights.

3. Identify the Rights of the Child which are contained in the Children’s Act.

4. a) How can we classify Human Rights?

b) Identify the ways the government is adopting Affirmative Action to deal with past discrimination.

5. What are the sources of Kenya’s Bill of Rights?

6. Discuss the following:

i) Presidential democracy

ii) Parliamentary democracy

Students’ Activities

1. Discuss the principles of democracy.
2. In groups, identify various human rights abuses in Kenya.
3. Have a class debate on whether it is right or wrong to compel all street children to join the National Youth Service.