KENYA SOCIALIST DEMOCRATIC ALLIANCE (KSDA)


 

June 10th 2004

 

Abortion is only ending biological life of an embryo, it is not murder

 

By Onyango Oloo in Montreal, Canada

Abortion is NOT Murder, contrary to the myths of the pro-death, anti-choice gang fighting against women and their right to control their own bodies. Here is what the Canadian Abortion Rights League said in response to this staple of the anti-choice propagandists: In response to the anti-choice statement: “The embryo is human and alive, therefore abortion is murder.” The Canadian Abortion Rights League responded:

 

1) “An embryo or feotus is a living organism of the species Homo sapiens. But so is every human egg and sperm cell. There is a difference between being genetically “human” and being a person in the moral sense.

 

“According to the Canadian Medical Association’s Committee on Ethics, the possession of certain capacities has become widely accepted as necessary for a person to exist. Specifically, a nervous system capable of some level of self-awareness and conscious perception (“sapient cognitive awareness”). “An embryo or feotus at the early stage at which abortions in Canada are customarily performed has no consciousness or self-awareness - its rudimentary body pre-dates a mind. According to the Canadian Medical Association’s Committee on Ethics, it has not yet met the criteria for personhood that must be met by all other human beings.

 

2) People who use inflammatory words like “murder” to describe abortion are equating an embryo - something which has the potential to become a person - with an actual person. Potentialities are certainly important but they are not the same as actualities. “Ending the biological life of an embryo through abortion is morally very different from taking the life of a full human being.

 

“3) Most people treat babies differently from feotuses, and late feotuses differently from early ones. As former Supreme Court of Canada Justice Bertha Wilson pointed out in R. V. Morgentaler, a miscarriage often has a different meaning when it occurs in the first or second month of pregnancy (when it may not even be noticed), than when it occurs in the fifth or sixth month. Most people recognize that feotuses become closer to being human in a moral sense as they come closer to birth.

 

“4) Through our laws, our society formally recognises the moral distinction between potential and actual people. In Canada the law is clear: legally, a foetus is not a person until it has been born. This was recently confirmed by the Supreme Court of Canada in its decisions in Daigle and Sullivan and LeMay. And abortion is legal.

 

“5) Different cultures, religions, and philosophies take different positions on when a new soul comes into being or when abortion is morally justified. “Personhood” may be granted before birth, at the moment of birth, or, as in some non-Western cultures, some time after birth.

 

“For example, several schools of Islam teach that human life begins after 120 days of pregnancy and accept abortion up to various stages of pregnancy for various reasons. The Jewish view is that a foetus becomes a person at birth, and that the life and health of the pregnant woman always takes priority. Many Protestant churches, such as the United Church of Canada, consider abortion to be a moral choice under a range of circumstances.

 

“6) The Roman Catholic Church has not always held its current position that a person exists from the moment of conception and therefore any abortion is wrong. The Catholic moralist St. Thomas Aquinas claimed that there is no human being at all during the first weeks of pregnancy. St. Augustine said, “There cannot yet be said to be a live soul in a body that lacks sensation.”

 

“In 1869 Pope Pius IX changed the Catholic Church’s teaching to make conception the moment when the soul arrives. However, not all Catholic moralists today agree with this teaching. Catholic theologian Joseph Doncel states, “There can be no mind before the organism is ready to carry one and no spirit before the mind is capable of receiving it...”.

“7) The moral value that someone places on a human embryo is a product of one’s personal religious or philosophical perspective. Does a fertilised egg have greater moral value (because it is human) than a mature great ape? Is killing a fish “murder”? How about a mouse? A dog?

 

A cow? A great blue whale? An orangutan? How far up the hominid tree do we go before we use the word “murder?” When people call abortion “murder”, they are really describing how they feel about abortion.

“8) If abortion is “murder”, what about those methods of birth control which work after conception has taken place? Most people do not regard the “morning after” pill as a murder weapon.

 

Here is an excerpt from another Canadian document, refuting the familiar anti-choice propaganda that seems to have captured your mind, Dear Mr Attorney General of Kenya:

 

“Anti-choice allegation: “Human life begins at conception.

Pro-choice response: There is no scientific consensus as to when human life begins. It is a matter of philosophic opinion or religious belief. Human life is a continuum—sperm and eggs are also alive, and represent potential human beings, but virtually all sperm and eggs are wasted. Also, two-thirds of human conceptions are spontaneously aborted by nature.

 

“Anti-choice allegation: Abortion is the murder of a person. “pro-choice response: Personhood at conception is a religious belief, not a provable biological fact. Religious communities have differing ideas on the definition of “person” or when abortion is morally justified. In the Canadian courts, however, a fetus has consistently been found not to be a person with legal rights.

 

“Anti-choice allegation: Abortion is morally wrong. “pro-choice response: Most people reject the position that abortion is always wrong. In fact, abortion often has positive benefits for women’s lives and health. Many people believe that bringing an unwanted child into the world is a crime, and that forcing a woman to have a child against her will is morally wrong. Many who are opposed to abortion for religious or moral reasons believe that it is wrong to impose their values by civil law on everyone.

 

“Anti-choice allegation: The foetus should have rights under the law. “pro-choice response: If foetal rights were enshrined in law, women’s bodies, rights, and health would be subordinated to the protection of embryos. The legal consequences of such a law would be catastrophic. The best way to protect the fetus is to promote the health and well-being of women. “anti-choice allegation: Abortion should not be legal and must be stopped.”

 

Pro-choice response: Laws have never stopped abortion, but only made it unsafe for women. Abortion is a universal practice that has been with us since the beginning of time, whether legal or illegal.

 

“Anti-choice allegation: Most Canadians believe that abortion should be illegal. The majority rules in a democracy. “

Pro-choice response: About 78% of Canadians believe that abortion is a private matter between a woman and her doctor. Human rights are guaranteed for everyone and are not subject to the whim of the electorate. Even if only a minority believed in freedom of choice, that right should be protected from the tyranny of the majority.

 

“Anti-choice allegation: Pro-life is pro-family. Pro-abortionists are anti-family. Abortion destroys the family.”

Pro-choice response: Legal abortion helps parents limit their families to the number of children they want and can afford. This strengthens and stabilises the family unit. Therefore, pro-choice is pro-child and pro-family. Anti-abortion laws can cause stress and hardship for families with insufficient resources to raise unwanted children.

 

Families with unwanted children often consist of a child and her child, living at the lowest levels of society.

“Anti-choice allegation: The right of the unborn to live supersedes any right of a woman to “control her own body.”

Pro-choice response: Margaret Sanger said, “No woman can call herself free who does not own and control her own body.” This concept is fundamental for women. Bearing a child alters a woman’s life more than anything else. Other women’s rights are hollow if women are forced to be mothers. Being born is a gift, not a right. People don’t ask to be born, and some even wish they weren’t.

 

“Anti-choice allegation: If a woman has sex, she has to pay the consequences. Too many women have abortions for their own convenience or on “whim.”

 

Pro-choice response: “This vindictive, self-righteous attitude stems from a belief that sex is bad and must be punished. Motherhood should never be punishment for having sex. Forcing a child to be born to punish its mother is the ultimate in child abuse. Anti-abortionists trivialise motherhood and childbirth by dismissing pregnancy as a mere inconvenience. They ignore or belittle the needs of the woman and the conflict she endures in making her decision. Guilt is inflicted when compassion is needed.”

 

Dear Attorney General, what do you think of those pro-choice responses? Is there any part you disagree with scientifically as opposed to religiously?

 

How about these two particular legal ramifications alluded to in the above extract:

 

“Pro-choice response: If foetal rights were enshrined in law, women’s bodies, rights, and health would be subordinated to the protection of embryos. The legal consequences of such a law would be catastrophic. The best way to protect the foetus is to promote the health and well-being of women’’ and “Pro-choice response: Legal abortion helps parents limit their families to the number of children they want and can afford. This strengthens and stabilizes the family unit. Therefore, pro-choice is pro-child and pro-family. Anti-abortion laws can cause stress and hardship for families with insufficient resources to raise unwanted children.

 

Families with unwanted children often consist of a child and her child, living at the lowest levels of society.”

I think it will be a good idea if you reflected on them, Hon. Wako. Are you guys serious or just out to lunch? I have a serious question for you Mr. Wako. Has NARC become a Taliban regime- only this time led by wild eyed Christian right wing Fundamentalists? If you recall, not too long ago, women in Kabul were taken to the local football stadium and shot for all kinds of flimsy reasons.

 

I understand the NARC government has ordered the police to hunt down the “Killer Mums” who aborted those 15 fetuses. Will they be charged with murder as well? Hon. Wako, let us compare the record of the South African government with that of your own when it comes to reproductive rights. In October 1996, a mere TWO years after its independence, the South African Parliament passed the Choice on Termination of Pregnancy (CTOP) Act. The law allows women to terminate pregnancies on request through the 12th week of pregnancy. It also provides for abortion under specified circumstances from the 13th through the 20th week, and under very limited circumstances beyond that point. It is fairly limited. In a Power Point presentation in the year 2001, the Reproductive Rights Alliance of South Africa said:

 

“Recognizing the values of human dignity, the achievement of equality, the security of the person, non-racialism and non-sexism, and the advancement of human rights and freedoms which underlie a democratic South Africa, we believe that no woman should risk her life, her health, her future fertility, her well being or the well being of her family because of unwanted pregnancy and lack of reproductive health choices.

 

In pursuit of our vision, an integrated, holistic approach takes into consideration the political, social and economic context within which women seek and are provided with TOP services. Our vision is that every woman in South Africa shall have access to good quality termination of pregnancy services when faced with an unwanted pregnancy as well as access to other reproductive health services.”

 

Hon. Wako, here is a link to the document. Your office may want to look at it one of these days:

http://www.pmg.org.za/docs/2001/appendices/010925Reproductive.ppt.

 

Dear Mr Attorney General, is it NOT a SCANDAL that we in Kenya who celebrated our 41st year of self-government is already behind a country which had its first democratic elections a mere ten years ago? When were our current abortion laws passed? 1863? It certainly sounds that old!

 

What is the situation in Kenya? My understanding is that Sections 158, 159 and 160 of the penal code in Kenya makes abortion a crime. It can only be procured, when a doctor decides the foetus is a threat to the life of its mother.

In the meantime, there are 700 abortions that take place in Kenya every single day, exposing women to severe risks. On one on-line forum, I learned from a Kenyan woman that the crude dangerous and unsafe methods used all over the country included the following:

 

“The most prevalent forms of “crude” abortions are strong tea , Omo with powerfoam, boiled Coca Cola, Chloroquine/Malariaquin , herbs, taking large doses of birth control pills (sadly after the FACT) etc.” (message #66692, Kenya online, Tuesday, June 1, 2004, 5:14 PM).

 

I am told that there at least 250,000 unsafe abortions in Kenya every year. Hundreds, if not thousands of Kenyan women, especially aged between 14 and 25 die each year because of unsafe abortions. In this particular case, lack of access to safe and legal Abortion is tantamount to murder and if anyone should be charged with this capital offence, then I suggest it is you, Hon. Amos Wako.

 

I understand that every single day, Kenyatta National Hospital receives between 40 to 60 botched abortion attempts with most of the patients being teenagers and young women barely into their twenties.

How do you sleep with a clear conscience, Dear Mr Attorney General knowing full well that this is because these victims are criminalised when they should be given assistance?

 

Hon. Wako, your cabinet colleague, Martha Karua has spoken strongly against the stone age abortion laws that you were defending the other day. When you charge a suspect with murder tomorrow, are you also going to arrest and charge Martha Karua as an accessory to murder because of her commendable support for a woman’s right to choose?

How about if she “ confesses” that she knows somebody, or worse still that she too, once had an abortion, will you charge her with murder?

 

Who is suffering because of the existing laws?

Certainly not the wives, mistresses or girlfriends of Kenyan male politicians. Hon. Amos Wako, be honest with me: If you had a mistress (I am not saying that you have , but I cannot rule out that distinct possibility) or a ndogo ndogo who is still in high school ( and again I am not saying that you have, although I am not ruling that out either) and you had unprotected sex with them and they came and told you a month later that they were pregnant but did not want to give birth, what would you do? Would you drive them personally to the nearest abortion clinic or merely give them the money to pay for the operation?

 

In the meantime, Kenyan women who are too poor to afford the astronomical fees demanded by these doctors who are taking advantage of the fact that the Kenyan government has refused to recognise the reproductive rights of Kenyan women- these Kenyan women are still swallowing OMO, boiled Coca Cola, Chloroquin and I do not know what else to induce abortions- that is when they are not submitting to unspeakable atrocities at the hands of unscrupulous, unqualified and unlicensed quacks.

Do you have a clear conscience knowing that it is existing Kenyan government policies that is driving these young women to unnecessary early graves?

 

How many pregnant teenagers have committed suicide since the feotus driven shock tactics of the deranged pro- death anti-choice forces took over Kenya two weeks ago?  One? Two? Twenty? Forty? Can you justify a single one of these teen suicides? Hon. Amos Wako: I want to go on the record as condemning and denouncing in the strongest terms possible, the backward and very dangerous path that the Kenyan government has taken in fighting against the reproductive rights of Kenyanwomen. Your regime is currently held hostage to the vile propaganda of the Religious Right.

 

You should know that peaceful, progressive and democratic minded Kenyans will oppose these medieval policies until we achieve total victory. It may take a year, it may take ten years but have no doubt that one day Kenyan women will win their right to choose what to do when confronted with an unwanted pregnancy.

 

Remember, the Taliban regime that used to commit atrocities against Afghan women is no more.

Some of us who are outside the country are launching an international campaign to expose your sexist and misogynist policies, isolate the NARC government on this specific area of gender oppression and work to apply diplomatic pressure and if necessary economic sanctions to put an end to this outrageous attack on Kenyan women.

 

The NARC government should stop using the abortion debate to divert attention from the fact that it has woefully failed to deliver on its pre-election promises, not just to Kenyan women and their children, but to the country as a whole.

If you are very concerned with the plight of innocent Kenyan children, then I suggest you take a look at this very sobering UN report on the abuse and sexual exploitation of Kenyan children:

 

http://www.hri.ca/fortherecord1998/documentation/commission/e-cn4-1998-1 01-add1.htm. I rest my case.

 


Published by Kenya Socialist Democratic Alliance (KSDA)
email: harakatips@hotmail.com


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