740-kenya-has-made-progress-in-addressing-gender-based-violence

African Woman and Child Feature Service - Kenya has made progress in addressing gender based violenc Written by Jane Godia Tuesday, 09 March 2010 14:27

Kenya has taken a few steps in addressing Gender Based Violence and women’s human rights.

Speaking at the 54th session of the Commission on the Status of women in New York, Minister for Gender Ms Esther Murugi in her statement said the Kenya government had redrafted and redefined gender responsive laws, namely: Family Protection Bill 2009, Marriage Bill of 2009 and the Matrimonial Property Bill of 2009.

“The Government of Kenya has also developed a National Framework Towards Response and Prevention of Gender Based Violence,” Murugi said as she detailed the issue of violence against women and human rights.

This and other measures have contributed to the reduction of GBV cases by 11.1 percent between 2005 and 2009.

The national Female Genital Mutilation prevalence declined from 32.5 percent to 27.1 percent in 2008-2009.

However, the biggest stumbling block remains culture, which is driven by patriarchy, the masculine nature of socialisation that perpetuates violence because it allows men to get away with anything. This has forced women to succumb to unacceptable things as they continue to have low status in society, and through this violence against them remains high.

Violence against women in Kenya has been perpetrated physically, psychologically, emotionally, through sexual harm and deprivation of liberties. Negative cultural practices such as FGM, rape of women and girls and polygamy have continued unabated.

War rape and other forms of coercion and sexual abuse still plague countless women and girls caught in situations of armed and ethnic conflict.

In Kenya, the 2007 post-election violence saw women subjected to unprecedented levels of sexual abuse even though the country has a Sexual Offences Act and is signatory to

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African Woman and Child Feature Service - Kenya has made progress in addressing gender based violenc Written by Jane Godia Tuesday, 09 March 2010 14:27

international treaties that make such acts war crimes and crimes against humanity.

Violence against women has gained greater visibility and more government attention and legislation. The Sexual Offences Act 2006 was the first step that Kenya took towards addressing sexual violence against women. The Act which came into force on July 21, 2006, is an Act of Parliament that talks about sexual offences, their definition, prevention, and the protection of persons from harm and from unlawful sexual acts.

However, despite this Act, gender based violence continues with girls and women being more vulnerable than boys and men but sexual offenders are dealt with in accordance with the law.

Harmful traditional practices like Female Genital Mutilation and forced marriages remain contentious issues in Kenya and a major area of resistance from some communities. In many communities it is linked to culture but among Muslims it is said to be about religion.

The Kenyan government recognises that FGM is a gross violation of the human rights of women and girls by denying them their physical and mental integrity, right to life, education and freedom from violence and discrimination.

In 2009, the Ministry of Gender picked on Female Genital Mutilation as its key programme in gender based violence. FGM is a major global issue that is heavily practised in Kenya. Out of the 43 ethnic groups, only five do not practice FGM. The practise continues to be a challenging development problem since it is embedded deep in culture.

To this effect, the Ministry has developed a National Policy on FGM has received Cabinet approval and is going to be moved as a bill in Parliament. The best thing about it is that it has received support from men and it is a man who is going to move it in Parliament. The Policy has been developed from the perspective that the government, as the duty bearer, must protect women and girls from all types of violations and that religion, culture, or any other reason shall not be used to perpetuate this harmful practice. Under this, the government is fulfilling its obligation under the key regional and international gender and human rights related instruments to which its signatory.

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African Woman and Child Feature Service - Kenya has made progress in addressing gender based violenc Written by Jane Godia Tuesday, 09 March 2010 14:27

The FGM programme is working to sensitise communities in Marakwet, Kuria, Naivasha, Mt Elgon and Migori Districts on gender based violence. It is working with committees that facilitate community groups ­- ­­including men and women leaders -­­ at the district level to sensitise their people.

In North Eastern Kenya where FGM is practised and linked to Islam, many anti-FGM advocates are now working with leaders who include Sheikhs and Imams. This way, they are able to reach the communities as they advocate for elimination of FGM from a religious perspective since many Muslims who practise it have given it a religious justification.

Sheikh Ibrahim Lethome, an anti-FGM crusader who preaches to Imams and other leaders says: “FGM is harmful and it amounts to changing God’s creation which is unlawful in Islam.

Muslims are required not to practice anything that is harmful as this would go against the objectives of Sharia.”

Kenya has also moved ahead in instituting a Gender Based Violence Response Framework through the Gender Commission. The Commission is now working on an action plan.

The UN Secretary General in his report to the Economic and Social Council read at the Beijing =15 review meeting in New York, despite legal instruments being put in place to address GBV, more cases have been reported between 2005 and 2009.

According to the Gender Commission, GBV remains a big problem as most people do not report it. A research done on a community in Western Kenya found that the rate at which GBV takes place is 75 percent.

In the slums, it was discovered that GBV incidences are higher and stand at 78 percent as they are not reported. What emerged is that many families fear reporting as the perpetrators, who are the fathers, are also the bread winners. The fear comes from the fact that once he is jailed, there will be no one to put food on the table.

However, three family bills that would have protected women and children from violence were

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African Woman and Child Feature Service - Kenya has made progress in addressing gender based violenc Written by Jane Godia Tuesday, 09 March 2010 14:27

shot down in Parliament.

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