[wanabidii] WHY LAW MUST AND SHOULD NOT DISCRIMINATE

Folks,   Lets go to basics and get the right theories for life. We must contemplate why life must have a meaning in the balance of Nature, and in the Gravity of Supply Vs. Demand.   Life is not all about eat and drink and let's make merry. Life is about a bit here and a bit there. Life is about business of Sharing and Caring. Life is about managing business responsibly for life to thrive at its best and last in a sustainable manner. Life is hope about fairness in Loving.   Life is not for a few in isolation or for an individual; and if that is so, then there is no meaning to life. Real good life is impacted and submerged under love and is without fear, intimidation, selfishness or self-Ego. The likeness of God is Love. If you do this, you fulfil the Commandment of love.   Those without love are self-seekers. They thrive on other peoples pain and sufferings. They hate and kill for the love of money. They do this because they want more and more for themselves and do not care or want to share with others fairly. Because of this, they miss the mark of Responsibility in the balance of Good Business practices which are the force gravity drivers for Economic balance success story in "Supply Vs. Demand" theories. It is the process of "Give and Take" of "Sacrifice in Sharing" and of "fairness in loving" …….. Life is not about killing each other for personal gain, or to reduce population; it is not about destroying or killing God's perfect creation of Nature; but, we are duty-bound to protect, preserve, nurture and complement life by our activities we engage in to better our livelihood and survival.   It is because of LOVE that I am in this journey of Human-Face transformation in the Reform Change train. It is because I trust and believe that Love is healing, it is peaceful, is healthy and it unites. If Love can be measured, my love for nature and humanity will be found heavier than a weighing scale……"Love mara osegoyo kilo piny"..…In love, there is no conspiracy to do harm, it is all happiness.   People, in comparison, the problem we face is as a result of bad business principles of selfishness, glutton and self-ego. This we must all condemn. In comparison we must support leaders with good intentions to make life better for all and dismiss those who belong to the class of selfish glutton who are greedy and only care for self-ego. They are the reason for Global Economic Crisis. Their behaviors' are as a result of selfish disorders that needs remedy from Love's Magic Spell for them to see reality check for moral values and be able to reason logically and sensibly for the sake of good life for all.   BALANCE OF NATURE IS A MUST TO ALLHUMAN DISCIPLINE AND BEHAVIORS:   Balance of Nature will help create positive law that works with a moral obligation to fulfill compliance by human activity that needs to be compatible with a balanced ecosystem. Political authority in Government system if properly set to function is able to institute authority through legislative policy enactment in the Constitutional Bills of Rights which becomes the law of land on condition that these Government institutions carry on their legislative, executive and judicial activities substantially for the common good of Public Interest, rather than in the interests of a group of wealth corrupt special business interest.   Supply and demand is the most fundamental concepts in the gravity for economics. It is the scale for any market economy's success story. Demand refers to how much (quality & or quantity) of a product or service is desired by buyers or consumer. The quantity demanded is the amount of a product to be supplied or delivered. This is what people are willing to buy at a price they can afford. Supply represents how much the market can offer to meet demand competitively.   The relationship between demand and supply underline the forces of activities involved behind the product and allocation of resources. In market economy theories, demand and supply theory will help allocate and utilize resources fairly in the most efficient and balanced way if regulated under a chain of command of Policy Legislative Bills of Rights enactment.   Philosopy and Religion: Life can survive and thrive in a wide range of favorable natural environmental conditions. Without LOVE life is dead. In a question of philosophy and Religions (Faith Based), different cultures throughout history have had a wide beliefs and approaches to behavioral issues which complements and harmonizes unity of purpose and which in the past guard peoples culture and tradition which also provided some form of discipline for their way of life.   Life on Earth functions well when behavior and discipline is put on checks and in harmony to maintain favorable environmental conditions necessary for its safety to human and living things survival and existences. Without Law of Nature theories being observed and preserved, nature with all other living things will remain dead.   Balancing of Nature: In any economics, the backbone of economic sustainability and stability depends on economic forces that are regulated and stays in harmony with the balance for trading gravity of Supply Vs. Demand in the absence of unrecorded corrupt influences. It is at such point where challenging competition revolve at a point where quality demand consumer's supply at every stage of accessibility and affordability options to both local and the international markets.   Balance of Nature to positive law that works with a moral obligation to Compliance is the core value to environmental protection. Different cultures throughout history have had widely varying approaches to these issues. life on Earth functions as a single organism which defines and maintains environmental conditions necessary for its survival. Natural Law Theories to careless human activity is incompatible with a balanced ecosystem. Different cultures throughout history have had widely varying approaches to environmental problem and conditions. Daily, Human activities to survival if regulated, is responsible to maintain environmental conditions necessary for its survival.   When Supply and demand as most Basic fundamental concepts of Trade and Commerce in economics are properly regulated under shared legal rights without corruption or under cuttings, market economy thrives and competition provide openings to New Technology for Emerging International Markets. Education then turn competitive and health and security becomes the norm.   Common Law Ethics: Common Law in the natural view point considers that good human activities and theories are in harmony and are in compliant to political framework where Democratic Rule of governance and Constitutional Legislations for Bills of Rights are made to compliment positive behaviors to respect, dignify, values, provide ethics and virtues that are fairly shared favorably by the community and the whole Nation without conflict of interest. As social benefits within the community and the Nation, Common Law offers favorable conducive environment for Peace, Unity and Love.   What kind of view-point could possibly count as merits of law? What role should law play in adjudication? What claim is law based on our negative actions? What laws for regulatory order should we have? Is Legislation (or "statutory law") a Law?........Legislation is a law which has been promulgated after a Referendum and whose purpose is to regulate, to authorize, to proscribe, to provide (funds), to sanction, to grant, to declare or to restrict. These questions determine how, for the sake of Peace and Unity, there must be harmony. The way to be in harmony defines good leadership. The People must therefore determine how they wish to be governed under consideration of factors based on leadership character of Responsibility with Integrity.   Common Law in the natural view point considers that good human activities and theories are in harmony and in compliant to political framework which in extension boosts social network, interaction and association with economic activities; where Democratic Rule of governance and Constitutional Legislations for Bills of Rights are made to compliment positive behaviors to respect, dignify, value and equally provide ethics and virtues that are fairly shared favorably across the Nation without conflict of interest from the elected leaders to public offices. In regard to political, social ethics and economic benefits, a community or Nation activities are regulated under Common Law from the Legislative Bills of Rights.   Dangers of Humanity Extinction: According to Religious beliefs, life is valuable and most sacred. But in reality, all over the world, the gap between the poor and the rich is so wide that the rich have no time for the poor anymore. Resources and wealth are made as a preserve for a few corrupt rich. This behavior eventually leads to social unrest, chaos and destruction. Presently there are unequal distribution for services and care. The poor are left to suffer but the rich have access to everything they need without a struggle. Food and Water is soon getting out of reach for the poor and disadvantaged person let alone food. To get an education is equally becoming difficult every single day and so illiteracy is going to grow amongst the poor. Diseases are becoming difficult to cure and strange sicknesses are shocking. The disease plague will overwhelm Human beings to a point they cannot be stopped or controlled. Many will take advantage of spreading fear factor which will demoralize many and people will turn wild worse than the animal dominion, because no one will trust anybody and all will see each other as enemy because trust has been eroded.   Without good responsible leadership placed under an established Legislative Policy regulations, problems in political, social and economic are headed out of control.   Some tolerance to accommodate Constitutional Bills of Rights can bring about an accepted desirable sustainable change we all want.   BALANCE OF NATURE: The human race can choose between being part of normal natural order, or as animals without order; to be in order gives us opportunity to be organized and plan for things to be in harmony with everything they engage, while realizing that we are, nevertheless, human beings with capacity to think. Human being activities is capable of destroying the entire planet. At the same time, human activities can be organized through regulatory common law to put things in order through penalties.   The Earth has finite resources; that is to say, there is only a limited amount of fresh water and arable land. If without a balance, human careless activities exhausts the natural resources of an ecosystem, it upsets the balance of nature and living things are doomed to extinction.   Good management to ecological system stabilizes the balance of nature and is a theory if carefully followed and observed, offer protection under common law for environmental protection. As a result, the composition and relationship between the Earth's ecosystem, atmosphere and weather remain in harmony with each other and from human activities which otherwise could be disastrous; but would as a result be penalized from pollution monitored under the Constitutional Legislative Bills of Rights for International environmental protection.   Given the history of corruption, poverty, instability and violence and considering the scramble to Africa by the unscrupulous Corporate Special Interest, to engage in Free Trading Market without cushion for Trading Policy Regulatory measure, is critical to the stability of Democratic and constitutional governance rule. Now that the Constitution is mutilated to those who think election will be free and fair must go back to the drawing board and think again. The legislative Policy Bills we struggle to achieve, will as a result not protect public interest in any way. Things must be done correctly from the start.....and so, election cannot go on without fixtures of the Devolution Bill, Land Bill, Finance Bill and Security Bill.   It is the common public that must make it their duty to change bad leadership; like what Miguna Miguna started, the truth shall set us all free; Each and everyone Globally must make sure there is complete transparency and zero tolerance for corruption in the oil sector and other minerals. If corruption is left unchecked then there is no doubt that the country will end up into the same economic crash.   In Sudan the recently released US diplomatic cables by Wikileaks show that Omar Al Bashir has been able to loot 9 billion dollars of the country's oil proceeds and stashed it in UK and other jurisdictions with the help of British banks especially the Lloyds Banking Group. According to the US cable leaked by Wikileaks Luis Moreno-Ocampo, the International Criminal Court prosecutor contemplated going public with Bashir's loots which has turned Sudan into a desert of poverty. "Ocampo reported Lloyds bank in London may be holding or knowledgeable of the whereabouts of his money". What has happened next ?????? Why is the Eurozone Economic not functioning welll.....???? There is need for fair play in Foreign Trading policies regulations to provide a balance ........there is no otherway to go about this.   Please Note: In DR Congo it is estimated that gold and diamond deposits alone could fetch the country 23 trillion dollars not to mention the abundance of timber and other several minerals that are found in large quantities such as columbo-tantalite (coltan) and cassiterite (tin ore) yet years of corruption, mismanagement, conflicts and foreign involvement have made this resource rich nation one of the poorest in the world. Western nations cannot maintain their current level of lifestyle without Congo. Most corporations in the west can easily go bust without Congo. If Congo is the bloodline of the west and the west is rich because of Congo, why is Congo so poor?   Where are the billions of dollars from the sale of these African minerals or better placed Africa's Public Wealth Resource? The answer lies in the history of endemic corruption which brought about armed conflict and foreign involvement through commission agencies of Indians and Chinese.   Western governments cannot work in isolation without leveling political landscape equal to all and all must play by the same rule. Good governance to Africa must level to acceptable regulatory measure of International banks; more or so to those who act as save havens for these corrupt leaders. It must be understood that it is illegal to keep or store away stolen money that are dishonestly obtained on behalf of poor peoples' Loan requests that never go to do what it was intended to do, but are transferred elswhere or as fiscal debt build up to taxpayer in Africa; either from infrustructure funding, from Offshores' Oil exploration, Agricultural funding, from Gold or Diamond, from Titanium or from computer chip or from iron ore tha come from Africa and are transferred from the World Bank or IMF or United Nations Financial Institutions without accountability or transparency, and are transferred into individual accounts is unacceptable and it is what is bringing Africa to the same position of Economic Crisis and Collapse like what happened to the Eurozone Financial situation.   Africa is poor today because Swiss Bank, Ponzi Scheme, Pyramid Scheme, Hedge Funding is at play with Western Banks including the faked International NGOs, World Bank, IMF with other UN regional banks opening highway for strategic agenda for stealing and looting of Public Wealth and Resources like a case of "Vision 2030" with its spanner at work in Bostons Massachusetts. A syndicate for corruption to rob, steal and enslave or colonize people of Africa is a conspiracy by International Corporate Commercial Business Special Interest who are connected to CEOs of large Organizations, Scholars and University professors with Lawyers and Politicians using their Aides as facilitating agents working in cohort in League with Ambassadors with others parading as Pastors of Religious Faith Based Organizations, yet others are registered as 503 Non Profit Organizations (NGOs); collude with African kleptocrats to loot the continent. This made corruption a cancerous disease is the continent because those who steal the money never lack a place to hide it. The African dictators openly steal while Western governments particularly France, Britain, Switzerland and the United States often turn a blind eye to the bad-behaved relationship between their governments operators and the unscrupulous Corporate Special Business Interest. On 21 June 2010 Christine Lagarde, French Finance Minister and Ngozi Okonjo-Iweala of World Bank wrote an article titled. There must be "No Safe Havens for Dirty Money". In their article they urged all countries to play by the rules, fight corruption and end safe haven for stolen money practices. They argued for "better regulation, good governance, and accountability with No safe havens for tax evasion". No safe havens for money laundering and terrorism financing, and no safe havens for "cozy financial regulation" so they wrote but Ms Lagarde and her government have done little if not nothing to practice what they preach. Ben Ali of Tunisia, the Bongos in Gabon, Paul Biya of Cameroon, Nguesso and Dos Santos have become very corrupt because of their closeness with successive French governments, politicians and the business elite in France. Because of bad unregulated trading practices of corruption Greece collapse putting Eurozone and the world into economic crisis. USA was on the verge of collapse before President Obama rescued and balanced the situation; though world economic disorder with Eurozone financial crisis still lingering; Chinese and Indian interests as commission agents in the scramble to Africa will not solve or reverse the Global Economic imbalances and crisis. They will make it worse. This is because, they are the same people whose Corporate Special Interest Business of corruption without balance brought us into the Global Economic Crisis where their practices contributed to to Eurozone Economic collapse.   The impact of the large scale rampant corruption has reached dead-end. Life is unbearable from every corner. Children die from lack of food and lack of essential medicine in the hospitals. Unemployment is toll-order and the engine for economy has stalled; it is hanging on a balance about to collapse to a screeching halt. Nothing seems to be working anymore except chaos and fear for the future. The division for survival is clearly divided between the haves and have not. Those who have money have too much of it and those who have not, are completely dry. Inflation is already high and prices of food are beyond limit of ordinary people who do not have means to access some money to organize their lives. It is clear, the entire economy is in distress. It is in distress because of man-made careless business of selfishness with self-ego of Special Interest who want everything for themselves. Frustrations have eaten away peoples' reasoning which results into despair; it is evident in demonstrations now taking place, and in many times they turn into violent uprising which must not be taken lightly; as they can easily break into "Arab Spring" become the system has failed. This is a danger looming we cannot wait to let that happen..........Corrupt leaders who have participated in corruption and have Offshore Accounts, Swiss Accounts, Cuban Accounts, etc., must face clearance and account for those funds before they can be considered in public offices.   Fighting corruption should not be left to the poor countries alone. Western countries have a duty to stop their nations from being used by "Unscrupulous Free Trading Commercial Enterprises" of Special Interests, as safe havens for stolen Taxpayer monies from the poor African continent. They should return all looted money put there by corrupt African leaders back to the African people to be used for development agenda. The United Nations Watchdog coalition should dedicated to tracking all stolen monies and return them back.   The Change against corruption through democratic governance will stop parasites feeding on poor African Wealth and Resource and inclusively provide for the Third World countries a balanced shared shared Partnership agenda for progressive development.     Judy Miriga Diaspora Spokesperson Executive Director Confederation Council Foundation for Africa Inc., USA http://socioeconomicforum50.blogspot.com         Kenya's Constitution - Just a Piece of Paper? By Brian Dabbs, 12 July 2012 analysis Kenya's constitution promises much, but its implementation has proven difficult. In 2010, Kenyan political leaders rallied together in a historic moment to publicise the country's new constitution, bringing into effect some of Africa's most progressive rights and governance laws. The Kenyan population rejoiced after voting overwhelming in favour of it in a nationwide referendum. The international community called the document a watershed for reform on the continent. That cloud of euphoria has since settled. Sensing political resistance towards the constitution's implementation, Kenyans are widely voicing their disillusionment, anxiety and anger. In a country with a rich legacy of impunity, analysts say some members of the political elite are actively preventing the realisation of constitutional principles in order to preserve their political ambitions. "Professional careers may be in jeopardy," Andrews Asa Asamoah, East Africa analyst at the Institute for Security Studies, told Think Africa Press. "If you look at the extent of the stakes involved politically for certain coalitions and alliances, there are individual interests that stand to suffer from the implementation of the constitution." Passing time The country is now rapidly approaching presidential and parliamentary elections, slated for March next year. In 2007, Kenya erupted in violence following a disputed presidential result that landed incumbent President Mwai Kibaki another term in office. The chaos claimed more than 1,200 lives and displaced hundreds of thousands. Kenyans and world powers alike have since emphasised the need to shift away from ethnic politics. With the revival of defunct tribal blocs, however, ethnicity remains central to the political landscape. Lawmakers now appear focused on jockeying for regional supremacy and forging partnerships. "Political alliances in Kenya tend to be tribal. Now everyone is looking for survival in the next elections," said Bobby Mkangi, an independent legal consultant and one of eleven architects of the constitution. "The electoral climate definitely breeds huge challenges in the implementation process." The Kenyan constitution includes a series of timelines that mandate legislation passage within specific periods. The implementation of the document is reliant on the enactment of new laws. Parliamentarians have voted to extend those timelines on a number of occasions. But an understanding of social empowerment is indisputably growing. Following a popular uproar last week, President Kibaki rejected a bill passed by parliament that amended core principles of the constitution's electoral law. Political figures seemingly tried to safeguard their political futures by mandating that elected MPs must hold university degrees and permitting the continuance of party hopping, an epidemic in Kenyan politics. Just a piece of paper? Despite attempts at constitutional manipulation such as this, the country boasts a number of critical legislative successes passed in accordance with the constitutional timelines. Through legislation, the government has established essential institutions, such as the Commission for the Implementation of the Constitution, widely praised for its advocacy work. Among other key areas targeted for reform, the government has also passed bills which scale back police powers and strengthen citizenship status for minority communities. "There's a lot left to be desired but the process has kicked off in earnest," said Mkangi. "Many people now talk in terms of constitutional rights. Much more will be developed but at least there is a culture of using the constitution for equal rights for us all. That is penetrating our society." Critics, however, say the legislation passed is not translating effectively into policy. Police abuse, for example, continues to make headlines on a relatively routine basis. In April, for instance, police tear-gassed and forcibly dispersed a political rally in Limuru, central Kenya, which had brought together opponents of the president's allies. Rights groups claim police committed a laundry list of atrocities during the 2007-08 post-election crisis including murder, forcible displacement and sexual crimes, and many Kenyans say police reform is critical to avoid a relapse of the violence. "Up to now, there has been complete resistance from those holding the levers of power towards police reform," Paul Muite, a prominent lawyer, organiser of the 'Limuru 2B' gathering, and presidential hopeful, told Think Africa Press. "To some people, the constitution is just a piece of paper...that is the core of the problem. The events in Limuru are evidence of this." Despite the fact the constitutional Bill of Rights, buttressed by additional legislation, also - in theory - provides full citizenship rights to minority communities such as Kenyan Nubians, many say little has changed. During the late 19th century, British colonialists brought thousands of Nubians to Kenya to build railroads and serve as military conscripts. Since independence, those in the Nubian community have been treated as second-class citizens. Nubian activists say the government deprives them of land and refuses to issue identification documentation in an effort to politically and economically marginalise the community. And, despite the new constitution two years ago, activists say the status quo remains. Implementing the constitution "This is an election year and people will be voting - politicians want to put obstacles in front of you if they don't think you want to vote for them," said Jamaldin Yahya, a 56-year-old retired civil servant and NGO consultant in the sprawling Kibera slum, located on the outskirts of Nairobi. "An ID is a weapon used by the government to cow people and make you ineffective." Yahya says the constitution gives Nubians a platform to push for change and that genuine implementation would address their concerns. Nubians, such as 67-year-old Nasur Juma Shabani, are no longer optimistic, however. Shabani has been denied identification documentation for 18 years. Without that, he cannot open a bank account, travel outside Nairobi or cast a vote. Despite teaching maths and physics in state secondary schools for decades, he now has to earn a living through informal tutoring. "At the beginning we were quite confident. As time goes on we are saying things may not be going the right way," said Shabani. "We are asking why there is not implementation." The implementation process may be simply overwhelmed and time will usher substantive reform. Recent legal rulings show a strengthened judiciary that prioritises constitutional principles. President Kibaki's recent commissioner appointments to Kenya's 47 new counties, a creation in line with political devolution poised to take place in the near future, were ruled unconstitutional for failing to uphold gender quotas, among other violations. Apprehension is rife among Kenyans. But observers say the implementation process is irrevocably in motion. "At the moment, with the flow of the process, it's almost impossible for anyone to stop it," said Asamoah. "[Politicians] don't want to be seen in the view of obstructing unity and implementation - the people will not support that." Brian Dabbs is a journalist based in Nairobi. He has written for the New York Times, The Atlantic, World Politics Review and Al-Masry Al-Youm, among others. Brian covers political and security issues and reports mostly from East Africa and the Middle East. Read the original of this report on the ThinkAfricaPress site.

--
Karibu Jukwaa la www.mwanabidii.com
Pata nafasi mpya za Kazi www.kazibongo.blogspot.com
Blogu ya Habari na Picha www.patahabari.blogspot.com
 
Kujiondoa Tuma Email kwenda
wanabidii+unsubscribe@googlegroups.com Utapata Email ya kudhibitisha ukishatuma
 
Disclaimer:
Everyone posting to this Forum bears the sole responsibility for any legal consequences of his or her postings, and hence statements and facts must be presented responsibly. Your continued membership signifies that you agree to this disclaimer and pledge to abide by our Rules and Guidelines.