24 May 2010

Amb. Michael Ranneberger Discusses Kenyan Constitutional Reform

CO.NX transcript, May 18

In a May 18 CO.NX webchat, Ambassador Michael Ranneberger answered Kenyan journalists’ questions on the Kenyan draft constitution and reform agenda.

Following is the transcript:

U.S. DEPARTMENT OF STATE
Bureau of International Information Programs
Webchat Transcript

Guest:            Ambassador Michael Ranneberger
Date:              May 18, 2010
Time:              9 a.m. EDT (13:00 GMT)

U.S. Embassy Nairobi: Welcome to Ambassador Ranneberger’s web chat. We welcome all questions related to the Kenyan draft Constitution and the Reform Agenda. All of Ambassador Ranneberger’s responses will be ‘on the record’ and a transcript of the full web chat session will be provided within a few days.  You are welcome to submit the questions prior to the start time.

CO.NX Moderator (Sarah): Welcome to the webchat, everyone. The Ambassador will be joining us in 35 minutes. Please submit your questions on the Constitution and Reform Agenda here.

CO.NX Moderator (Jennryn): Also, feel free to introduce yourselves! We’re glad you could make it to the webchat early.

Ambrose Kamau: My name is Ambrose Kamau, a reporter with Kameme FM.

CO.NX Moderator (Sarah): Welcome, Ambrose Kamau. We are glad you could join us today.

James Ratemo-Standard Media: Well my name is James Ratemo, a tech cum online reporter for The Standard Newspaper.

CO.NX Moderator (Sarah): Welcome, James. We are glad to have your participation today.

Judie Kaberia: I am Judie Kaberia, reporter, Capital FM Kenya. I am following up, I will participate as well.

CO.NX Moderator (Jennryn): Welcome Judie. Glad you could make it!

Ambassador Ranneberger: Hello everyone, and welcome. Thank you for participating in the webchat today. I will do my best to answer as many of your questions as I can in the next hour.

James Ratemo-Standard Media: Great...let the answers start rolling in

Josiah Kolum: We are ready sir. Thanks for this opportunity.

Question [Nairobi girl]: Why does the U.S. take such an interest in the Kenyan Constitution?

Answer [Ambassador Ranneberger]: The constitutional review process is the centerpiece of the Reform Agenda agreed to by the Coalition Government.  As Kenya’s most important partner and friend, we have made clear our determination to press for full implementation of the Reform Agenda.  We have consistently emphasized that implementation of the reform agenda is essential to ensure the future democratic stability and prosperity of the country.  A new constitution will strengthen democracy and prosperity by creating a framework to protect the interests of all Kenyans.

Q [Josiah Kolum]: Hello, I am Josiah of the Emo Society, What is the Position of the US Government regarding the Draft Constitution? And wouldn’t this position jeopardize democracy?

A [Ambassador Ranneberger]: Please see my response to the previous question.  I would add that the U.S. has emphasized the importance of the constitutional review process as a key element of the reform agenda.  However, we are not trying to tell Kenyans how to vote.  Each Kenyan voter must decide how to vote based on his analysis, judgment, and conscience.

Q [Carol]: As part of efforts to push for a reform agenda, the U.S. government issued sanctions to fifteen government officials. What is the fate of the 15 now that the names were not disclosed and nothing has been said to date?

A [Ambassador Ranneberger]: We did not issue sanctions on 15 officials.  We did write letters to 15 persons, some of whom are officials of the government, making clear that their relationship with the U.S. is directly related to their support for the reform process and opposition to use of violence.  We are monitoring our relationships with these individuals based on these criteria.  We will take appropriate actions if and when warranted.

Q [Carol]: There have been rumors of the U.S. government having a hand on the draft constitution and funding the NO Campaign. What is the true position?

A [Ambassador Ranneberger]: The U.S. Government has provided technical assistance to the Committee of Experts and to the Parliament to support the constitutional review process.  We are not funding the "no" campaign.

Q [Nairobi girl]: How does the draft constitution compare to the U.S. Constitution?

Q [Mutua]: The system of government in the proposed constitution has in many ways been likened to the U.S. system of government.  How would you compare it with your system and what would you say are the checks and balances for the presidency?

Q [Newton]: Most people believe that the draft is largely borrowed from the American constitution. Do you agree with this?

A [Ambassador Ranneberger]: The drafting of the constitution was done by the Committee of Experts with input from the Parliamentary Select Committee and others.  Some elements appear similar to the U.S. Constitution, like the provision for a Senate and House of Representatives; however, these bodies will play somewhat different roles and will have somewhat different powers from what these bodies have in the U.S.  There is also a provision in the draft new constitution which provides for separation of executive, legislative, and judicial powers, as in the U.S. constitution.  However, most constitutions provide for this.

Q [Githuku]: You have played a key role encouraging and empowering Kenyans to take the lead in the reform agenda. How do you feel when you see sections of Kenyans reversing the gains and what would you say to them?

A [Ambassador Ranneberger]: Thank you for your kind words.  I urge all Kenyans to support the reform agenda, since implementation of the reforms will protect the interests of all communities and individuals.  I urge Kenyans to seize this historic opportunity to bring about fundamental change and to work across political, ethnic, and social lines to achieve it.  I have great faith in the Kenyan people and believe they will insist the reforms be carried out.  The winds of change are blowing in Kenya, and it is no longer easy for politicians to manipulate people.

Q [George Orido]: Your Excellency, the new constitution seems to have a very high capacity to consume money at the implementation stage when it is passed. Is there any financing plan from developing partners, including the U.S?

A [Ambassador Ranneberger]: This is an important and valid point.  Implementation of a new constitution will require substantial work and funding.  We and other donors will help.  At the same time, it will be essential for the Kenyan government to prioritize funding to support implementation.  In addition, Kenyans need to demand that corruption be ended and that funds stolen be recovered.  That in itself will help to fund the costs of implementation.

Q [Josiah Kolum, Emo Society]: How can Kenya borrow a leaf from the U.S. on Land Policy, Food Security, Market Structure and, above all, the issue of Freedom and Democracy?

A [Ambassador Ranneberger]: Kenyans themselves need to deal with these issues; solutions cannot be imposed from outside.  However, there are some relevant points from the U.S. experience worth noting:

1. The U.S. has for centuries struggled to harness our diversity to promote the common welfare of all the American people.  We have made progress, but much remains to be done.  Kenyans need to respect their diversity and learn to work together for the common good.  The interests of all Americans are protected in the U.S. constitution, and a new constitution will do the same for Kenyans.

2. Fostering a strong private sector is important to promote food security, a fair land policy, and a healthy free market.

3. Freedom and democracy must be protected through a strong constitution and through appropriate laws and regulations.

Equally important, in the U.S. non-governmental groups, the media, the private sector, religious groups, and ordinary Americans are all involved in defending freedom and democracy by serving as watch-dogs on those in power.  People in power are held accountable to the people.  Kenyans must peacefully assert themselves to push for implementation of reforms.

CO.NX Moderator (Jennryn): Thank you all for your great questions. If you haven’t already, please introduce yourselves and tell us with what organization you work. Thank you!

Q [Ambrose Kamau, Kameme FM]: Hello your Excellency, in your own estimation do you think the draft will sail through?

A [Ambassador Ranneberger]: I do not want to speculate on what the Kenyan people will decide.  A vigorous debate based on the facts is healthy and important for the country, but I hope Kenyans will reject attempts to manipulate them.  We will respect the decision made by the Kenyan people through a transparent and credible referendum.  We are supporting a strong program of civic education to help ensure that voters decide on the basis of the facts.

Q [Judie Kaberia, Capital FM Kenya]: There is confusion on several clauses in the constitution. What is the U.S. government doing in the area of civic education to empower Kenyans when they make their choices during the referendum?

A [Ambassador Ranneberger]: We have committed over $2 million to support civic education, working with non-governmental groups and the Committee of Experts.

Q [Newton]: Do you think the president should fire defiant cabinet ministers as they go against the spirit of collective responsibility of the cabinet?

A [Ambassador Ranneberger]: The leaders of the Coalition Government have made clear the position of the government with respect to the constitution.  I would not presume to say how the President and Prime Minister should deal with specific ministers.

Q [James Ratemo, Standard Media]: The Committee of Experts (CoE) is behind schedule due to delayed funds from treasury. What’s your take on this?

A [Ambassador Ranneberger]: We are urging the government to ensure that the Committee of Experts receives the funds it needs in a timely manner.  I am confident that this will be the case.  The process of civic education is already underway and the referendum is on track to be held in early August.

Q [Judie Kaberia, Capital FM Kenya]: Today I visited Kibera and met victims of the post election violence. They are wondering how important this constitution is compared to the miserable lives they are living in after the violence. They don’t find it important whether they get a new, old, or no constitution at all. Will it really fix their lives? To date, they have nowhere to live in because their houses were taken away; to date, they cannot reclaim their houses, so how will the constitution help them?

A [Ambassador Ranneberger]: The issue of a new constitution may seem remote to them, but in fact it is very relevant to them.  A new constitution is needed to end abuses of power, to end the culture of impunity which fosters corruption and violence.  Without that framework in place, Kenyans -- whether in Kibera and elsewhere -- will never be able to receive the justice they deserve and the economic development that is crucial to improve their lives.  Economic development will help to provide jobs and better housing, but economic development on the scale needed will not take place without political reforms to put in place better governance.

Q [Beatrice Ndunda, Kiss 100 FM]: To what extent is the American president involved in the Kenyan Reform agenda?

A [Ambassador Ranneberger]: President Obama is following developments in Kenya very closely -- very closely indeed!  He wants to see the reform agenda fully implemented and that is why the USG is pressing so hard to achieve this.  Remember that then Senator Obama spoke about the need for change and reform when he visited Kenya in August 2006.  His speech then at the University of Nairobi is still relevant and available on the internet.

Beatrice Ndunda: Thank you.

CO.NX Moderator (Jennryn): You can read that speech here: http://obamaspeeches.com/088-An-Honest-Government-A-Hopeful-Future-Obama-Speech.htm.

Judie Kaberia: Thank you very much for the opportunity.

Q [Kenneth]: What measures do you think should be put in place to ensure that if this constitution passes it does not just become another toothless document?

A [Ambassador Ranneberger]: If the constitution passes, there will be a detailed implementation process carried out largely by the Parliament through new legislation.  In addition, the U.S. and international community will closely follow and support implementation.   This will help ensure that it does not become just another toothless document.  Also, implementation of the constitution will take place in the context of fundamental change occurring in Kenya.  In my view, that process of change has already gained such momentum that it is inexorable.

Q [Jorge]: Based on news polls and what people are saying, it looks like if the referendum was done today the yes camp would have it with a slight margin – say 45% No and 55% Yes. As a respectable envoy, what would be your advice to Kenyans and especially to our leaders in regard to having a win-win situation, irrespective of which side wins so that this referendum does not divide Kenyans as did the past elections?

A [Ambassador Ranneberger]: Most importantly, political leaders and others must debate the constitution based on the facts, and must not seek to exploit ethnic or political divisions.   The constitutional review process is an historic opportunity to bring Kenyans together.  If it divides them further that would be tragic.  Therefore, now is the time when all Kenyans need to stand up and refuse to be manipulated based on ethnicity or political perspective.  I am particularly confident that young people will do this.  I believe the Kenyan people want to see fundamental change -- and a new constitution is key to that.

Q [James Ratemo, Standard Media]: How much cash has the Obama Admin pumped into the reform process so far especially to Committee of Experts for Civic Education

Q [Beatrice Ndunda, Kiss 100 FM]: The Kiss 100 news desk is extremely curious on the extent to which your president is involved in ‘pushing for reform’ in terms of the proposed constitution.

A [Ambassador Ranneberger]: President Obama is strongly in favor of implementation of the Reform Agenda.  He issued a statement welcoming Parliament’s passage of the draft constitution.  The U.S. is providing millions of dollars to support electoral reform, the constitutional review process, and police reform, among other areas.    We are providing over $2m for civic education.

Ambassador Ranneberger: That is all the time we have today. Thank you for your questions and your participation. Signing off now.

Ambrose Kamau: asante sana balozi!

CO.NX Moderator (Jennryn): Thank you all for joining us today. A transcript of this webchat will be available in this chat room within 3 working days.

CO.NX Moderator (Sarah): Thank you all for participating in today’s program. The Ambassador had to leave, but he sends you his regards. The webchat is now closed.

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(Distributed by the Bureau of International Information Programs, U.S. Department of State. Web site: http://www.america.gov)