Military veterans have paid enough, are owed restoration of human rights

When I was in my pre-contemplation phase in 2017, I found myself reaching out to consult with veterans far and wide across the chronological age and years of active service generations.

The outcome was not just the public information residing in the Military Veteran’s Bill 2013 but also the committee of veterans formed in January 2012 that did the job.

The Military Veteran’s Bill 2013 went up the Second Reading stage at the National Assembly before it was “killed” off.

My reason for writing this article is with respect to the True North memorandum regarding the public participation invite for the Military Veteran’s Bill 2022.

Over three days of consultative, sensitisation and consensus building engagements in March, veterans came up with a memorandum, which they submitted in good time to the Clerk of the National Assembly.

It never reached the Committee on Defence, Foreign Relations and National Security. Consequently, the views of more than 100 military veterans weren’t incorporated.

The bill was brought to the National Assembly by Kenya Defence Forces (KDF) and its core highlights are defining who a military veteran is and incorporating military veterans’ affairs under the command of the National Security Council. This is problematic.

Besides de-categorisation, there is no other way to realise the promise of the restoration of human rights to military veterans.

Take an example of active duty soldiers as the in-group and military veterans as the out-group. Article 24(5) of the Constitution provides that, despite clause 1, a provision in legislation may limit the rights or fundamental freedoms for persons serving in the KDF or the National Police Service. The limitations should comply with Article 24.

They include limitation to freedom of conscience, religion, thought, belief and opinion; freedom of expression, political rights, economic and social rights; freedom of movement and residence; rights to privacy, access to information, freedom of association, to assembly, demonstrate, picket and petition, to labour relations and of an arrested person.

Real threat

Military veterans neither fall under Article 24 (5) nor the KDF Act yet the real threat of their affairs being addressed by the KDF is almost becoming law.

How can the KDF (in-group) purport to meet the human rights needs of military veterans (out-group) when they do not enjoy them by law? The proposal is unprecedented, even on a global scale.

Should the bill pass as is, this article might be the last piece of public communication that I could make as a military veteran. And the KDF will have marshalled military veterans to be subject to Article 24 (5) and the KDF Act through back door tactics.

Being a professional psychologist and wounded military veteran predisposes me to make a special contribution to the human rights of military veterans and our families.

The advocacy work is evidenced by the petition of military veterans’ law before the Senate on August 1, 2019; Private Security Regulations Act 2019; Mental Health (Amendment) Act 2021; public session with the Senate committee on Labour and Social Protection; Mental Health Action Plan 2021-2025; session with the Senate Committee on Foreign Relations, National Security and Defence; Military Veterans Bills 2020/21; and Military Veteran’s Bill 2022.

These violations are but not limited to veterans who were unprocedurally imprisoned from the 1970s, were collateral damage after the failed 1982 coup, lost their job due to psychological disturbances and mental illness, are yet to be paid gratuity and pension, lady veterans who feel forgotten in government appointments; or were arbitrarily sacked.

Lastly, the constitutional requirement of public participation is a foundational principles of democracy. To whom do we lodge a complaint of this exclusion? The police?

Maj (Rtd) Mukuria, a counselling psychologist, is the International Humanitarian of the year 2022 American Psychological Association recipient. @thetruenorthke