Choice Ireland

By Mary Wandia (email the author)
The East African
Monday, April 19 2010 at 00:00

Since the draft constitution was passed by parliament, paving the way for its publication and referendum, those seeking to stop the march towards a new dawn for Kenya have embarked on a mission of misinformation and misinterpretation of the draft in pursuit of political and fundamentalist agendas.

The church in particular has latched on to Article 26, claiming it legalises abortion. In case they have not read the draft constitution carefully, Article 26 on the right to life states that: (1) Every person has the right to life; (2) The life of a person begins at conception; (3) A person shall not be deprived of life intentionally, except to the extent authorised by this Constitution or other written law; (4) Abortion is not permitted unless, in the opinion of a trained health professional, there is a need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other written law.

The clause seeks to protect the life of all Kenyans regardless of their gender, religion or moral persuasion. It balances the interest of the church on one hand and women’s rights to life and respect for medical ethics and professionalism on the other — because the crafters of Article 26 listened to all interest groups, including the church.

It is therefore immoral to misinform Kenyans on this issue from the pulpit and in public fora. Women are citizens of Kenya entitled to all human rights.

Women constitute more than half the Kenyan population and the church. Are our political and religious leaders telling us the lives of half the Kenyans who voted them into power and who finance and sustain the church are inconsequential?

Politicians and church leaders must emulate the humility of other interest groups; exercise tolerance and honesty and truthfully educate Kenyans on the provisions of the draft. As they clamour for the amendment of the Article 26 before or after the referendum, they must consider sobering facts on abortion, women’s rights and the status of women in this country.

They need to appreciate that abortion is a universal practice: It occurs in all parts of the world — East and West, developed and developing, rich and poor — and among women of all types, single and married, sexually promiscuous and “celibate,” believers and non-believers, adolescent and older women.

Abortion is not a service procured by women only; men also force their wives, daughters and girlfriends to procure it

They should note that no one in his or her right mind would say that it is desirable to have a kidney or heart transplant.

The same applies to abortion. Should the need arise, it is however crucial to be able to have a safe and legal one. That is why abortion is a medical procedure that doctors are taught and examined on to make sure they are proficient in performing it before leaving medical school — just like a tooth extraction, amputation of a limb or any other medical procedure.

They should recognise the fact that voluntary abortion happens irrespective of whether laws making it legal or illegal exist. The only difference is that where laws restricting voluntary abortion exist, like in Kenya, many women — especially those who are poor and cannot pay for safe procedures — end unwanted pregnancies themselves, or at the hands of unskilled personnel using unsafe methods, risking their health and lives.

Legal status only affects the safety of abortion. Making abortion illegal does not “save babies,” it just kills and maims women and girls.

Even though the current Kenya laws restrict voluntary abortion, 300,000 abortions are performed annually. Voluntary abortion reflects the unmet contraception and security needs of women and girls in Kenyan society.

Poor and young women in our country do not have easy access either to birth control, proper sex education or protection from sexual violence such as rape.

Who is to judge that voluntary abortion for these Kenyan citizens is improper? Have we seen the church and political leaders marshal their troops in support of Kenyan women’s call for an end to violence against women, particularly rape and incest? Haven’t they been at the forefront of campaigns opposing the use of contraceptives and introduction of sex education in schools?

Have not some sections of the church refused to baptise or admit in their schools children born out of “wedlock” because they are “children of sin”? Have they not excommunicated women who get pregnant before marriage regardless of the circumstances under which they conceived?

It is imperative to appreciate that a woman with an unwanted pregnancy has three choices: To continue with the pregnancy with its risks and responsibilities; continue with the pregnancy and arrange for adoption; or procure abortion with its risks and consequences. The key word here is choice.

There are known ways to reduce the health and human burden of unsafe abortion: Integrate sex education in the upper primary school curriculum; increase the prevalence of contraceptive use to reduce overall levels of unintended pregnancy; broaden the legal criteria under which abortion is permitted and establish services for the provision of safe, legal abortions within the law; and provide women who experience complications from unsafe abortion with the medical treatment they need.

We could borrow a leaf from Ethiopia, South Africa, Benin, Chad, Niger, Togo, Guinea and Mali, who have amended their laws to provide for safe abortion resulting in considerable reduction in unsafe abortion and maternal mortality rates.

The real moral outrage here is that a section of our society is preventing a majority of Kenyans from enjoying a very critical service. Let us vote Yes and later amend Article 26, not to make abortion illegal, but to make it explicitly legal and available on demand. That is the only way to ensure that all Kenyan women and girls enjoy their fundamental rights to life and health.