Kenyan Woman Issue 09 by African Woman & Child Feature Service

Issue Number 09 • September 2010

EDITORIAL

Promulgation marks beginning of Constitutionalism

ugust 27, 2010, marked a new beginning for Kenyan people. For women it was particularly a special beginning because the new Constitution had entrenched their needs as a special constituency. It was with sheer pride that when the Constitution was being promulgated, women young and old, rich and poor, celebrity and non-celebrity all graced the occasion to celebrate what women had been denied for the over 40 years that Kenya has been independent. For women, what they will benefit as this new era dawns on Kenya

is invaluable. However, having the gains entrenched in the new laws is one thing, putting them to effect is another. Kenya is a country that has been operating without taking seriously into consideration the matter of constitutionalism. Laws have been flouted with impunity in the name of greed and manhood. This means, therefore, that Kenyans must be educated on what it means to run a country to the letter of the new law. Those charged with the task of appointing people to various offices must seriously rethink how they are going to do their

work. While the Constitution has cut out how appointments are going to be done, there are still many among us who have not understood that a woman can equally hold a top decision making position like a man. That a woman can equally be nominated to a committee or commission on the same basis as a man. That a woman can equally take charge of the Attorney General’s office just like she can hold the office of the Chief Justice. The road to implementing the new Constitution is long and windy with legal jargon that is hardly understood by a majority of Kenyans.

However, women must make sure that they lead by putting their mouths where their legs are. They must commit time and resources to ensure that the female gender is not short changed during this time that opportunities have been opened and everybody wants a piece of the cake. The new Constitution does not guarantee that these gains will come on a silver platter. Those charged with implementing them must be educated on why they must make appointments without fear or favour but with a gender sensitive appointometre that will be able to

detect when a two-thirds majority is exceeded. The women must make sure that they also monitor and evaluate the way the appointments are done. We have seen many a time when rules have been flouted merely because one is still living in the Stone Age that failed to recognize women as a people with wit and intelligence that is at par with men if not ahead. And as we wait with bated breath, all we want to see is women rising at least to a third of any labour force if not half to begin with.

The hard work begins

New law gives women space to their rightful positions …By Jane Godia

o call it victory would fall short of describing the true feeling that women are having right now. While aware of the fact that the constitution was not perfect, women appreciated the fact that all that they have been fighting for had been entrenched in the document. Right from the start, women said “we will support this document because it speaks for us”. This was evident by the queues that were seen in voting centres where both young and old women turned out in large numbers. However, the celebratory drums are not sounding loud enough because the women have decided to be cautious as they fete the new laws. The women’s movement has agreed that they should not be carried away by the success of the referendum because the real work has yet to begin. And it is only after they are sure that what they are holding is rightfully theirs, will they then rest on their laurels. The work that has to be done in the implementation phase has, therefore, left women more alert. They must make sure that what they are holding in their hands as gains should not become just hot air. Meeting days after a resounding success of the referendum, Kenya women are calling for action as the country moves towards implementing the new law. Speaking to a women’s meeting called to review the referendum and look at the way forward, Ms Anne Njogu, chair person of Centre for Rights and Awareness (CREAW) said: “Celebrations must not exceed a level where you will wake up and find the gains gone. We must position and strategise ourselves.”

Women dancers from Pokot performed before Kenyans and international visitors that included heads of State and Government during promulgation of the new Constitution. Kenyan women turned out in large numbers to vote in support of the new laws. Pictures: KenyanWoman Correspondent.

She added: “Women must move fast forward and engage the fastest gear in engaging ourselves.” Njogu reiterated: “Women must be strategic enough to reap the benefits of the new Constitution. There are certain places that if we do not get right we will never breathe life

into the new Constitution.” She explained: “Women must make sure that there are progressive officers in all positions including the judiciary. We must have right officers in the right places.” Continued on page 6

Issue Number 09 • September 2010

Task of constitutional implementation is overwhelming …By Faith Muiruri

he resounding endorsement of the new constitution at the referendum paves way for the most daunting phase in the reform agenda. The work has just begun. And as a cross section of women leaders put it that “the implementation phase is bound to be rigorous.” However, the women say the process must be inclusive to help sustain the spirit of constitutionalism. The women leaders who spoke to KenyanWoman said there is need to build bridges across the political divide to help the country forge ahead. Speaking after the results were published, Nominated MP Rachael Shebesh said the referendum outcome should not cause divisions but rather lift the morale of the nation. She said there was need to reach out to women who were on the opposing camp to ensure a smooth transition to the new dispensation. “The myriad of women’s gains in the ratified Constitution can only be effective if we have numbers in Parliament,” she reiterated. Shebesh said women legislators must now move with speed to bring in legislations to pass the gains espoused in the Constitution before the

next General Elections. Similar sentiments were expressed former Vice Chairperson of the Truth, Justice and Reconciliation Commission (TJRC), Ms Betty

“Women stand to gain a lot once legislations that favour them are enacted. However, most of these legislations will remain elusive if such policies and laws are not effected,” — Betty Murungi

Murungi. She called on women to be more vigilant and push for the implementation of the Constitution as set out in the transitional clauses. “Women stand to Kenyan women came together to support the new law that has a lot of gains for them. gain a lot once legislaThey now have to be vigilant to ensure the laws are implemented to the letter. Picture: KenyanWoman Correspondent. tions that favour them are enacted. However, most of these legislabuild on values that bind us as a naShe said: “This will enable orditions will remain elution. nary Kenyans to familiarise themsive if such policies and laws are not A former Commissioner with selves on various laws that Parliaeffected,” Murungi explained. the defunct Constitution of Kenya ment is meant to pass to pave way for She said women must step up Review Commission, Dr Kavetsa the new constitutional order.” pressure to consolidate the gains Adagala said the successful impleA nominated councillor from made in the new Constitution. mentation of the new Constitution Embakasi Constituency, Nairobi, Ms “Even at the international level, will largely depend on whether the Rose Kula said the ratified Constitulaws that are meant to safeguard spirit of constitutionalism is sustion will propel more women to leadwomen’s interests are disregarded tained in the enactment process. ership positions, increase their access and unless we push for the enactment She said Parliament must move to health services, property and adof the new laws, they will remain in with speed to put in place necessary dress any disadvantages suffered as a paper,” she stressed. legislation for the implementation of result of discrimination. At the same time Murungi unNow that the President promulderscored the need for healing and the ratified Constitution. Adagala reiterated that actual regated the new constitution, the Attorreconciliation among the opposing alisation of the new Constitution will ney General’s office and Parliament sides to ensure the country moves leave room for a renewed process of will ensure 49 bills are passed. ahead. national healing and reconciliation. Among the bills to be passed are “Let us all reconcile and push A political activist from Rift Valthose on culture, land, consumer ahead to defuse tensions witnessed in ley, Ms Martha Rop said the Governprotection, ethics and anti-corrupthe build up to the last General Elecment must conduct civic education tion, election disputes, vetting of tions,” she advised. Murungi noted that the country to guide Kenyans on the changes that judges and magistrates, support for was still struggling to be cohesive are anticipated in the new Constitu- county governments and election of the speaker of county assemblies. and there was need to heal and re- tional dispensation.

Call for gender sensitivity in execution of new law …By Rosemary Okello

omen’s coalition, under the G-10 is worried that their dreams could be shattered if the spirit of the Constitution is not captured from the onset in the Constitutional Oversight Implementation Committee. During a planning meeting to set out priority areas within the Constitutional dispensation, the women said they recognise and affirm the importance of the implementation process. That is why they are calling upon the political leadership to honour to the letter and spirit of the new Constitution by ensuring that women’s issues are taken seriously and not glossed over.

Implementation According to Ms Grace MaingiKimani, Executive Director of FIDA: “The women have been part of the constitutional process for a long time and expect that the implementation to go hand in hand with the national values and principles of governance which are clearly stipulated.” She added: “These include human dignity, equity, social justice, inclusive-

ness, equality, human rights, nondiscrimination and protection of the marginalised.” Kimani said that these are the tenets which if adopted will carry everyone on board. “More importantly the women would like to see Affirmative Action principle being applied at every implementation step of the new constitution,” reiterated Kimani. She added: “This should start with the way in which the Parliamentary Select Committee on the new Constitution will be composed.” Even though in cognisance of the fact that it will no longer be business as usual, and that the women of Kenya are at an historical moment, the coalition is aware that several critical offices shall be central to the full implementation of the new Constitution. These include the office of the Chief Justice, Attorney General, Director of Public Prosecutions, the Judicial Service Commission and the envisaged reforms in the Judiciary. The women do not only expect the adoption of a transparent and accountable criteria in the appointment of officers to these offices but also meaningful and effective participation by the women.

“Women would like to see Affirmative Action principle being applied at every implementation step of the new constitution.” — Grace Kimani.

The chairperson of Centre for Rights Education and Awareness (CREAW), Ms Ann Njogu said that whereas the women recognise and affirm the importance of the implementation process . . . “we are calling upon our political leadership to honour the letter and spirit of the new Constitution by ensuring that women’s issues are taken seriously and are not glossed over.” To make sure women become part of the implementation process, they have set up a task force to work with the two principals namely, President Mwai Kibaki and Prime Minister Raila Odinga as well as the Parliamentary Select Committee, Constitution Implementation Commission as and when it is set up, MPs and other stakeholders in the implementation process.

Database

“We are also are developing a database of women who can be either part of the implementation process or be appointed to the various posts in line with the Constitution” said Ms Deborah Okumu, Executive Director Caucus for Women’s Leadership. Okumu says since no appointment will be lawful unless it respects the principle of the one third where

no one gender will constitute more than two-thirds, this will make it easy for the relevant institutions to tap into the database. “This will be very representative in terms of various professionals as it also represents all the regions in Kenya and it has an inter-generational dimension,” she explained. With the new Constitution the terms of the leadership positions ensure that there is both man and woman on top. When the chair is a woman, the vice chair shall be a man and vice versa.

Auditing The Coalition is also planning to launch an auditing tool, which it will use to examine the implementation process from a gender perspective. Reports from the same will be issued every fortnight or as necessary. Kenyans, therefore, must remain engaged in and extremely vigilant of the implementation process. As men and women they must work together to enhance principles of democracy where each citizen is equally valued and has the right to participate in governance, regardless of ethnicity, gender and disability status among other factors.

Issue Number 09 • September 2010

A battle well braved No holding back as Jennifer Masis gears to join women in governance and decision making

…By Joyce Chimbi espite coming from a community with small population and being marginalised, Jennifer Masis has never held back to her dreams. Challenges have stood on her way and she has been able to jump across them like one running in the hurdles race. Masis has been able to rise against all odds and has risen to be a formidable force in the fight for women empowerment. Born into the Sabaot community in Rift Valley to a strongly patriarchal society, Masis has experienced the full force of women’s marginalisation and discrimination.

Inhibiting culture “I grew up very much aware that a woman’s place in society is to be seen and not heard. We could never even sit before men let alone speak,” Masis explains. She adds: “A boy child would be given every opportunity to grow and develop to an extent where a girl could be married at 12 years so she could provide cattle which would be sold to raise the boy’s school fees.” The girl faced all forms of discrimination and violence. Female genital Mutilation (FGM), Masis says was a norm. “It was expected and believed to be a mark of growth and a ritual that would set a girl apart from those who were yet to undergo the practice,” she explains. Fortunately for Masis, her father was more informed and encouraged her to go to school. She excelled and was able to join Moi University where she studied Community Development and graduated with a bachelor’s degree. It is while in this institution that she developed a passion for community work. Upon graduating in 1994, she became very vocal in encouraging her community to give the girl child an opportunity to go to school. “It was not easy but it had to be done. Women were very supportive because they could see that education had improved me, made me a different person,” Masis explains. She adds: “Having undergone FGM myself, I used that experience to denounce the practice. I told the community that it is education that sets us apart and refines us, not FGM.”

Politics And as her profile as a women’s rights crusader continued to grow, she was approached by elders from her community who felt that she had what it takes to lead. This action planted the seed of politics in her. “It was the first time I seriously thought of pursuing politics. I was strongly encouraged by the elders’ support because that meant that my entire family including the in-laws

would follow suit, and they did,” she expounds. “I immersed myself into the world of politics and in 2002 ran for a parliamentary seat in Kwanza Constituency.” It is an experience that the mother of five will never forget. “In spite of the great support I enjoyed from key players, my family, elders and supporters, the road to the election date was marred with threats and intimidation,” she explains. She adds: “I was subjected to all manner of abuses. I was even told that 14 youths would be sent to rape me. But even these insults meant to deface me as a woman did not discourage me from what I had set out to do. I kept going and even won the party nomination on a KANU ticket.” All seemed to work in her favour. She even presented her papers to the Electoral Commission, but little did she know that this was the beginning of the end. “I received a phone call soon after that the party’s executive had decided that they were not interested in women’s leadership and that the number two at the party nomination would take my place,” Masis explains. “I was very surprised but stood my ground until I received another phone call from one of the most powerful politicians who did not mince his words. He said that not only was he not interested in women’s leadership but reminded me that I was young at 32 and I had an entire future to pursue my dream.” The nomination certificate was given to somebody else even though it rightfully belonged to her. She took the matter to court but the Electoral Commission had already completed its work of receiving papers from aspirants. This action shut her out completely.

Constitution review Masis was down but not out. In 2004, she was at the Bomas of Kenya where the constitution review talks were being held as a delegate. Having experienced the harsh terrain of the country’s politics, Masis saw this as an opportunity to help set structures that would make it difficult for women to be discriminated and shoved around by political parties. In Bomas, she was given a decision making position as chair of the Transitional and Consequential Committee. In this capacity, she was in a position to give insights to the Talks based on her experience. Even though it is still a long way before women can truly enjoy

Jennifer Masis: The key message that she sends out is the significance of education to the girl child who is discriminated against in her community. Picture: Jane Godia the benefits of a new Constitution which she is grateful carries most of the women’s gains discussed in Bomas, it is still a bright beginning to a promising future. This was also a defining moment for her because in 2005, a fierce fire had begun in her community, in the name of a militia group that took root in the Sabaot community reigning terror and havoc in her people. “The Sabaot Land Defence Force (SLDF) begun making its presence felt and there was a lot of violence. In deed their grievances were legitimate, we are a marginalized community. Mt Elgon is the only region in Kenya with no roads,” she explains. “The region also performs the worst in the Kenya Certificate of Primary Education dimming any chances of a better future for our children. However, violence was not going to make our lives better,” Masis reiterates. She, therefore, approached the elders and proposed the setting up of peace committees. “Elders are key to the initiation

“I grew up very much aware that a woman’s place in society is to be seen and not heard. We could never even sit before men let alone speak.” — Jennifer Masis, Woman leader from Mt Elgon.

and success of any process in my community. It is through them that I communicated with SLDF,” Masis explains.

Amnesty “With the help of the District Commissioner Trans Nzoia West, Kwanza and Mt Elgon, I managed to get the Ministry of Internal Security to develop amnesty letters that would be given to members of this terror group in exchange for firearms.” This happened between 2005 and 2007. Meanwhile, she continued with her work of denouncing FGM as well as working with women organisations such as the Rural Women Peace Link and the Caucus for Women’s Leadership to build the capacity of women for them to break out of their cocoons. “My key message has always been the significance of education for a girl child. In my community, it has always been extremely difficult for the girl child to access information. I wanted to see that change which led me to establish Tears of Women Organisation,” she explains. “The name encompasses the pain and difficulties I have been through coming this far and I do not want another young girl to have to try so hard and to endure so much in order to have a decent life.”

Even though it is still a long way before women can truly enjoy the benefits of a new Constitution which she is grateful carried most of the women’s gains discussed in Bomas, it is still a bright beginning to a promising future.

Family “There is a lot to celebrate. I have three daughters and two sons who I hope will enjoy what we have fought so hard for. I have a very supportive husband; John Masis who has walked with me through a turbulent struggle for women’s empowerment,” she says. Apart from celebrating the milestones covered towards gender equality, there is a lot to celebrate too at the home front. Her eldest daughter, Lisa Masis is a student of Finance, Economics and Maths at Harvard University. Masis is happy to raise her family as she continues her pursuit for leadership. Come 2012, her name will definitely be on the ballot. The fact that women have been given space to equally have access to elective positions is her impetus. This time, the party will not dismiss her on gender because the law demands that parties nominate men just as they nominate women and the one-third parity will dictate whose name will be on the ballot paper.

Issue Number 09 • September 2010

A tiger does not show its tigritude …By Karani Kelvin

or centuries, women have been struggling to get out of the quagmire of nothingness that society had relegated them because of their gender. This unfortunate position stemmed from the thinking of philosophers together with other streams of patriarchal philosophies and became a turbulent river that has been drowning women’s voice. In Kenya, as is the practice elsewhere on the continent, the voice of the African woman has been deliberately hushed by the impotence of several governments in failing to legislate gender equity.

Voter education must continue for constitutionalism to happen

re-engineering With the new Constitution, however, the gender landscape is headed for a massive re-engineering of its core values. Deliberate measures to institute gender equity are in place. Proponents of gender equality must have noted that the massive vote for the Constitution was similarly a massive vote for fairer gender relations. With it, they saw patriarchy in its deathbed. The new constitutional dispensation comes with a number of gains for women. These are in the political, economic, social and cultural arenas. The gains include, and are not limited to equal rights in marriage, sharing of parental responsibility regardless of marital status and elimination of discrimination in land and property ownership. Other rights include a one third minimum in elective public bodies, a right to health including reproductive health and adequate and equal opportunities in the Public Service Commission. These gains will mean nothing if the society drags its feet in accepting change. In point of fact, the process will be slow and gradual and many will arise who are opposed to it.

Collective action Whatever the outcome, the biggest losers will be women if they sit back and expect change to come easy and unopposed. They must be ready to fight and walk the talk. As Wole Soyinka would put it: “A tiger does not show its tigritude; it pounces.” Women must stretch their collective hands and take what is rightfully theirs lest it be grabbed by gluttons. This quest for a new order should be tempered with moderation and patience. Those who desire quick changes should heed this Baganda saying, “that which ripens quickly rots quickly”. In our search for a better society, it should be noted that moving the centre in the man/woman, self/other, rich/poor, subject/object etc binaries is a tedious process. The various rights come with a lot of responsibility. The choice to meet them head on will bear good fruits for the society. It is up to women to believe with Simone de Beauvoir in The Second Sex that ‘the modern woman “prides herself on thinking, taking action, working, creating, on the same terms as men instead of seeking to disparage them, she declares herself their equal”. The writer is a student at Moi University

…By Jane Godia

here were over 20,000 spoilt votes in the just concluded referendum. But what did this say of the way Kenyans were voting? What has emerged is that not many people filled the ballot papers correctly hence the mistakes and spoilt votes. Majority of women are illiterate and do not know how to read or write. Statistics indicate that of 774 million illiterate adults worldwide, two thirds are women. Many women do not get a chance to complete schooling at secondary level, majority having dropped off at primary level. However, the number of spoilt votes in the referendum was an indication that there was another form of literacy that needed to be taken care of. This is voting literacy. While those carrying out civic education tended to concentrate on urban and easily accessible places, the people who were in rural and far flung places missed the opportunity to be educated on how voting was going to take place. This then calls for a continuation of civic education particularly for the next general elections where there will be six slots to be filled by the voter. Speaking at a women’s meeting that was called by FIDA to look at the referendum, what emerged and what can be done, speaker after speaker among those who were observers said that mistakes in ballot marking is something that can be reduced if voters get the right information on how to cast their vote. Speaking at the meeting, an official from Kenya Human Rights Commission said that voter education needs to be carried out intensively because presiding officers were not quite familiar with electoral rules. The FIDA vice chair person, Ms Judith Sijeny, who was an observer said: “It is the Independent Interim Electoral Commission officials (IIEC) who were confusing voters and hence the reason why people were making two marks on the ballot paper.” Her sentiments were echoed by FIDA chairperson, Ms Naomi Wageraka, who said that voter civic education must be taken seriously.

A clerk at a voting centre puts the ink mark on a woman’s finger after she has voted. Many women are still ignorant of the contents in the new constitution. Picture: KenyanWoman correspondent.

“We must call on the government and our donor friends to give funds for civic education in good time.” The Deputy Director National Council of Women in Kenya Ms Isabella Karanja said that it is time Kenya moved away from relying on donors for exercises like civic education. “Government should put in funds for civic education which tend tends to rely on donor funding,” Karanja said. She added: “This will help where women have been forced to compromise on their democratic rights.” But even as we wait for funding to carry out civic education women must clearly be educated on the voting exercise. FIDA Secretary, Ms Goretti Nyariki said many votes were spoilt because some polling stations did not have the IIEC stamp. “We must tell women to ensure before they vote that the ballot paper has the correct rubber stamp,” said Nyariki, who added that polling clerks should also be picked away from their residential areas as many familiar ones were the cause of spoilt votes. Speaking at the same meeting, Ms Maimuna Mwidau, executive Director of the League of Muslim women in Kenya said most civic education was only done in accessible areas. “Majority of women from North Eastern

“Civic education is a process that aims at imparting knowledge and skills that are needed for effective participation in the community, government, and politics. Civic education is essential to ensure constitutional democracy. It ensures human rights are respected and individual dignity and worth are acknowledged.”

and the Coast did not register as voters. The civic education must also include educating women in the grassroots on the importance of registering as voters,” Mwidau explained. Civic education is a process that aims at imparting the knowledge and skills that we need for effective participation in the community, government, and politics. Civic education is essential to ensure constitutional democracy. It ensures human rights are respected and individual dignity and worth are acknowledged A Programme manger with Caucus for Women’s Leadership Ms Joy Masheti said there was need to be vibrant with civic education. As a women’s movement there is need to refocus on the target and not only look at women but also focus on youth and men. “This is a way of making the society understand the importance of electing a woman senator, for example,” said Masheti. She added: “Civic education must focus on created positions and point out what they man.” Masheti’s points are supported by the fact that although majority voted in support of the document, many of them do not know what it entails. The training workshops on constitutionalism must also be diversified to enabling identification of the right people in other regions to carry out civic education. Civic education, therefore, will have to be a continuous process. It will be important if Kenyan women picked from other country’s best practices. Even where people voted against the Proposed constitution, it would be ideal to go there and educate them on the document. “In civic education, we need to go to places where the church and politicians had a following in getting people to reject the draft,” said Ms Ann Njogu, chairperson, Centre for Rights Awareness and Education (CREAW). She added: “We need to go out there and tell them the truth so we can have a momentum when it comes to implementation.”

Issue Number 09 • September 2010

Women applaud new constitution

he new Constitution now becomes the answer to the many questions that have always filled women’s dreams. This is the position of the Kenyan woman. KenyanWoman’s Malachi Motano spoke to a few women immediately after the Interim Independent Electoral Commission (IIEC) announced the referendum results. Ms Martha Karua, Member of

Parliament for Gichugu and chair of Narc Party “I grew up in Gichugu, a small sub-division in the larger Central Province, as a staunch Anglican Church adherent. And part of it is a commitment to living out my faith. In the course of living out this faith, I have had this simple rule that I always carry along with me. I always pick a quote by John Wesley: ‘Do all the good you can, by all the means you can, in all the ways you can, in all the places you can, at all the times you can, to all the people you can, as long as ever you can.’ The teachings of my mother from my childhood and teenage years gave me the impetus to believe that as a Kenyan woman, I have a responsibility. This means women not sitting on the sidelines but in the arena. I am constantly working to fulfil the lessons that I absorbed as a child. Indeed in the words of Sarah Louise, ‘I never let prejudice stop me from what I wanted to do in life’. I am happy that during the concluded referendum, the women of Kenya voted with their children in mind. It is now time we take up the responsibility of ensuring that we maintain the peace that the country has now bestowed in us. Let us ensure that our property is protected and not lost. The film‘ Pray the Devil Back to Hell’, is the story of a Liberian woman who was tired of the conflict, killing and fear that had gripped her country for very many years. So she went to her church and prayed for the civil war to end. She then gathered other women in her church and other churches, mosques and other places of worship. Soon, thousands of women became a mass movement, rising up praying for peace and working to bring it about. The prayers finally ended the conflict. This devil must have left Liberia and taken up residence in Kenya in the period following the 2007 general election, where over 1,000 were killed in the post-election violence and over 500,000 internally displaced. Women and girls were raped as property worth billions of shillings was destroyed. Kenyan women wondered how a country that had enjoyed peace and stability for slightly over four decades would stoop so low with all the ills that stalk the human race remaining in abundance. I am, therefore, very happy that just like the case of Liberia, Kenyan women of all tribes, denominations and religion rose to pray for the country against ills bedevilling the country and as a result, we have won victory over bad governance, for victory against discrimination of women, for victory against repugnant cultural practices and for the direct and full participation of women in the affairs of the country.”

Prisca Auma, former Mayor of Kisumu Town “As memories of August 4 now fade out, as the news cameras move on to the next dramatic incidents, I encourage women colleagues that we pray that we will sustain the force and the feeling we find in our hearts and our faith in this aftermath period of the referendum. Let us continue to be our sisters’ keepers. We continue to see the power of faith not only to make us whole as individuals and provide personal salvation but to make us whole and a greater force for the good on behalf of all creation.”

Rachel Shebesh, Nominated Member of Parliament “Just four months ago, I had the opportunity to participate in the Women’s Day celebrations in Kibera. During these celebrations, I saw the best and the worst of humanity. I met women who have been savaged and brutalised physically and emotionally, victims of gender and sexual-based violence in a place where law, customs and even faith did very little to protect them. I listened to the ordeal of an elderly woman in the hands of rapists — all this in the guise of protesting the bungled election. I also saw courageous women, who by their faith went back to the bush to find those who like them, were violently attacked. I saw the doctors and nurses who were helping them heal the wounds. I also saw many who were there because their faith led them to it. This was evidence that ‘all women and men were created equal’ (Elizabeth Stanton 1848). These are the women that the country needs today. With the new Constitution, women will be able to freely exchange ideas, enable justice to prevail over the many injustices that have always been recorded, tolerance over intolerance and progress over reaction (Hillary Clinton 1993).”

Ms Esther Murugi, Minister for Gender, Sports and Youth Affairs since reshuffled to be Minister of State for Special Programmes “We will now take a lead role in building the bridges as our men establish strong walls. I will be able to sit with my husband in the same Cabinet as government ministers. We will be able to chair different meetings or even commissions in the country. For 47 years, men have degraded women, men have looked down upon us. We have been battered, overworked and treated like children without any consideration. Thanks to the new Constitution that has created 47 seats for women in the National Assembly. Thanks to the new Constitution that now allows a woman to own land. “In my position as Cabinet Minister, I have heard heartfelt descriptions of personal journeys of faith. I have listened to impassioned pleas for an end to violence against women, provision of emergency medical treatment to women, gender mainstreaming and creating a level playing field for elective offices. I have heard speeches about bringing to an end some harmful cultural practices that have been meted on our women. I have also heard about cries for a reduction in cases of maternal mortality. Thanks to the new Constitution that provides answers to these stressing complaints. It is now time for us to come together as sisters, mothers, aunties and even daughters to set the pace for the future of the country.”

“I will now be able to inherit my fathers land just like my brothers. I will be able to participate or contribute not only in running my house, issues of the community, but also in matters of national development just like any other man would do. When my husband divorces me, I will not be left alone with the children to feed, dress, accommodate and even pay their school fees. Thanks to the new Constitution, I have now become countrywoman, the other real half of a countryman. I am now able to identify myself as a Kenyan woman.”

Issue Number 09 • September 2010

Women stand to gain once new laws are implemented

…By Faith Muiruri

…By Jane Godia

omen in the country have been asked to take advantage of opportunities brought about by the new Constitution. Former Nominated MP, Ms Njoki Ndung’u, said the ratified constitution will propel more women to leadership positions, increase their access to health services, property and address any disadvantages suffered as a result of discrimination. Njoki, who is also a member of Committee of Experts and has been at the forefront in fighting for women’s rights said she will soon move to court to challenge institutions that continue to discriminate against women.

Injustices “I am currently compiling a list of injustices that have for decades been meted out on women and will move to court to seek redress on behalf of the victims,” she reiterated. Njoki was speaking when she addressed a gender forum dubbed “Implementing the New Constitution: Expectations and Impediments for Gender Equality” in Nairobi. She cited the Immigration Department, as one arm of Government that must now awaken to the new constitutional dispensation. “We do not want to hear children from single mothers being asked to provide their father’s identity cards before their application for new IDs are processed,” she said. The former MP said she will also challenge the maternity fee that is currently being charged by public hospitals to women giving birth. “Why should women pay maternity fee when they are actually producing children who are expected to contribute towards economic

Ms Njoki Ndung’u (right), a member of the Committee of Experts that wrote the new Constitution joined other Kenyans in celebrating the new law. The former nominated MP now wants to do work of litigating where implementation of the Constitution fails. Picture: KenyanWoman Correspondent. growth?” she posed. Njoki said women stand to gain a lot once legislations that favour them are enacted. “However, most of these legislations will remain elusive if such policies and laws are not effected,” she explained. The former MP said that women must, therefore, step up pressure to consolidate the gains made in the new constitutional dispensation. She said it is unfortunate that Kenya is still regarded among countries that do not respect women’s representation. However, she said the scenario will drastically change if women exploit leadership positions as provided for in the Constitution. She said that currently there are only 22 women MPs in Parliament, a

number that accounts for less than 10 percent of the total number of legislators in the country. She says that women legislators must now move with speed to bring in laws to pass the gains espoused in the new Constitution before the next General Elections.

Gains Speaking during the forum, Mr Kamotho Waiganjo who is an advocate said that women need to identify and immediately secure the gains in the new Constitution before the country plunges into electioneering mood. “We are headed towards elections therefore, we must identify the quick gains and in particular the gains spelt out in the Bill of Rights and start working on them. Otherwise the

constitutional debate may be overtaken as Parliament shifts to politics of 2012,” he urged. He said President Kibaki must manage any political undercurrents that may emerge to derail the implementation phase. “If there is proper political environment, then the implementation phase will run smoothly,” he stated. Waiganjo also questioned the capacity of Parliament in clearing the backlog of legislations that are necessary to make the new laws effective. “Some of these laws are fairly complex but we hope that Parliament will work with Constitution Implementation Committee (CIC), the Law Reform Commission and the state law office to overcome some of these hurdles,” he said.

New law gives women space to their rightful positions Continued from page 1

Among key positions that are set to be vacant include that of the Chief Justice and Attorney General. In Kenya’s 47 years of independence, the country has not been able to pick a woman to hold these two prestigious positions. With the New Constitution offering space for affirmative action and women’s empowerment, is it not time that the two positions are held by women? Kenya is admired for having very many educated and learned women. However, hardly are they ever considered when it comes to the country’s top jobs. With the change in tide, perhaps it is time that women were at the helm of top positions. Women must defend the spaces they have created themselves. They must also ensure there is transparency, fairness and equity in nominations and appointments. Speaking of how the Judiciary has been raft with corruption, Njogu said the time for a revamp and building a good name for the Judiciary is

Democratic right to vote invaded

now and most importantly a woman should head this most crucial arm of Government.

Strategies “It is time we got it right in the Judiciary. Why not have a woman as Chief Justice or Deputy Chief Justice?” posed Njogu. “The women’s movement should have engaged the two principals and put out a statement with their demands,” reiterated Njogu. This set the pace for what the women realised was the hard work lying ahead. Echoing what Njogu said, the FIDA chairperson, Ms Naomi Wagereka said the easier part was voting and there is a lot to be done now since this is when the work begins. She added: “We are being called upon to act on behalf of less privileged women and we must get our act right now. Let us get our women to Canaan by carrying the dream of Kenyan women.” While women everywhere echo

the same sentiments, they agree that it is time that the Constitution worked effectively for the gains women have therein. Speaking at the same forum, Ms Maimuna Mwidau, Executive Director League of Muslim Women said: “There is need to come out strongly and identify women for specific positions and particularly those who identify with the women’s movement.” And the women have definitely realised that the implementation stage of the constitution is the most difficult part. Women agree that law making is the responsibility of legislators and they must be taken to task to ensure everything works well. Implementation is a lot of work and there is need for women to set criteria. For instance, women have not had citizenship. This is a part of the Constitution that needs to be looked at immediately. Women will have their 47 seats plus one third representation at all levels of elective positions. Speaking to a women’s meeting on the post

referendum scenario, former FIDA chair, Ms Joyce Majiwa said: “Representation means giving power to women and it must be made to work for them.” Majiwa reiterated the need of capacitating women who will be in the Senate. What does being in the Senate mean? What does being in the Senate involve? These are questions begging answers on how women will fit within the new Constitution.

Leadership And as the task looks enormous, the most important thing right now is to identify women with leadership qualities and also look out for those who are recognised at the grassroots level. It is important that the women are sought out and those who are weak nurtured and sold as women’s representatives. Women must, therefore, cash in on the gains and occupy their space within the new constitutional dispensation.

ivic education is essential to ensure constitutional democracy. It ensures human rights are respected and individual dignity and worth are acknowledged. It ensures that the rule of law is observed in a situation where people willingly fulfil their obligations. Civic education in a democracy is education in self government. Democratic self government means that citizens are actively involved in their own governance; they do not just passively accept the dictums of others or acquiesce to the demands of others. Citizen participation in a democratic society must be based on informed, critical reflection, and on the understanding and acceptance of the rights and responsibilities that go with that membership. Women’s suffrage is the right of women to vote and to run for office. However, the just concluded referendum posted a clear indication that women still do not exercise their democratic rights. Many women were accompanied by their husbands to the ballot box. This was a continuation from reports before the voter registration that indicated many husbands were the custodians of their wives identity cards.

Voting rights Observers at the referendum noted that women still hold on to their husbands. “Many women relied on their husbands and hence failed to exercise their democratic rights,” said one observer. Speaking at a post referendum women’s meeting, the women’s movement though happy that the exercise was peaceful, still regretted that women’s democratic space was compromised. A programme manger with the Caucus for women’s Leadership, Ms Joy Masheti said: “We must empower women to make their own decisions to avoid them coming with their husbands who will influence the way they vote.” Women all over the world have come a long way to be able to exercise their right to vote. This situation can no longer be compromised as it is also entrenched in the new Constitution. Chapter 4 of the Proposed Constitution talks of the Bill of Rights. Article 38 speaks of political rights. In 38 (3) (b) it says: “Every adult citizen (and this is man and woman has the right without unreasonable restrictions to vote by secret ballot in any election or referendum.” This gives women an express right to vote from an informed positions for what they believe is right democratically without being influenced by their husbands or any other person.

Issue Number 09 â&#x20AC;˘ September 2010

Women join in celebrating new Constitution From all corners of the country, women of all classes, rich and poor, young and old, braved the chilly dawn to be part of the celebrations at Uhuru Park when the new Constitution was promulgated. Here, the KenyanWoman gives a pictorial of a few of those who graced the occasion.

4 1. Women being screened before dawn break before they can be allowed into venue of the celebrations. 2. A dignitary arrives at Uhuru Park. 3. Mrs Grace Kimani, Executive Director of FIDA and Mrs Patricia Nyaundi Chief Executive Officer of the Truth Justice and Reconciliation Commission (TJRC) find their way into Uhuru Park 4. An old woman who was not left behind gets help from security officials. 5. This family, with their baby also witnessed the event. 6. Elder Phoebe Asiyo warmly dressed for the grand day.

Issue Number 09 â&#x20AC;˘ September 2010

Women join in celebrating new Constitution

5 1.

Women officers of the Administration Police Unit marching in front of the main dais.

School girls were also not left out as they performed before the guests who graced the occasion.

Gospel artiste Emmy Kosgei thrilled the crowd.

Women traditional dancers from North Eastern Province entertain crowd that turned up at Uhuru Park.

Poet Caroline Nderitu gave a rendition during the celebrations.

Sophia Abdi holds the holy Koran as she is sworn in as Nominated MP.

Naomi Shaaban takes her oath as Minister for Gender, Childrenâ&#x20AC;&#x2122;s Affairs and Social Services.

Water minister Charity Ngilu takes her Oath of office as cabinet Minister and Member of Parliament for Kitui Central Constituency.

A female magistrate takes her oath of office.

10. Not even the neck brace could hold back Nominated MP Millie Odhiambo from attending this great function.

Issue Number 09 • September 2010

Murugi’s footprints embedded in the UN

…By Rosemary Okello n between late February and early March the United Nations calendar has the Commission on Status of Women (CSW) meeting going on in New York. During this time women from all over the world gather to deliberate on issues affecting them. They discuss ways and means through which their lives can be improved. They also look at how they can take governments to task over matters that affect them. However, during the CSW meeting, the International Women’s Day (IWD) is also celebrated. This means that delegates to the meeting fail to celebrate women’s day in their countries. However, in the 2010 CSW meeting, one woman took the CSW to task over the timing of the meeting. And as Ms Esther Murugi moves to the Ministry of Special Programmes, her great footsteps as the Minister for Gender, Children and Social Development will forever be ingrained in the UN Commission Status of Women for years to come.

Change of csw dates During the 54 Session of the CSW, Murugi went down the annals of the UN as the head of the Kenyan delegation who called upon the UN to change the dates in which the Session on of the CSW meeting is held. Murugi was speaking during the conference held to review 15 years of the Beijing Platform for Action. “We wish to propose that the CSW dates be changed so that the future sessions are held after the International Women’s Day,” she urged. Murugi argued that this would allow delegates to celebrate this day in their respective countries and give it more significance and the visibility it deserves. She said it was unfortunate that ministers who are supposed to spearhead the International Women’s Day celebrations in their country were always in New York. As fate will have it, the day she was being transferred to the Ministry of Special Programmes, the UN announced the change of the dates. This means that the 55th session of the CSW will now take place between February 22-March 4, 2011 as opposed to between February 26-March 14 which has been the traditional period for the meeting since 1946.

Esther Murugi (inset) made a mark at the UN which heeded her call that the Commission on the Status of Women meetings (main picture) be held out of dates that coincide with International Women’s Day.

Women’s day For majority of women, March 8, is always a reminder of how far they have come in the struggle for gender equality and women’s rights. It has been a long journey marked with struggles. Even though there has been progress on women and decision-making, the gains realised are currently being eroded by financial, energy, climate change and food crises. The Commission on the Status of Women is a functional commission of the United Nations Economic and Social Council (ECOSOC), dedicated exclusively to gender equality and advancement of women. It is the principal global policy-making body. Every year, representatives of Member States gather at United Nations headquarters in New York to evaluate progress on gender equality, identify challenges,

Pictures: Rosemary Okello and KenyanWoman Correspondent.

“We wish to propose that the CSW dates be changed so that the future sessions are held after the International Women’s Day.” — Esther Murugi

set global standards and formulate concrete policies to promote gender equality as well as advancement of women worldwide. The Commission was established by ECOSOC resolution 11 (II) of June 21, 1946 with the aim to prepare recommendations and reports to the Council on promoting women’s rights in political, economic, civil, social and educational fields. The Commission also makes recommendations to the Council on urgent problems requiring immediate attention on issues of women’s rights. But every year, the meeting always coincides with the March 8, the International Women’s Day. For majority of women, the day is reminder of how

far they have come in the struggle for gender equality. When Murugi made her remarks early this year, the IWD was marking 100 years since the world conceived the idea of celebrating women. It also marked 15 years since the world came together in a clarion call that women’s issues are global and universal and must be addressed at that level.

The genesis The IWD started from a humble beginning when Lena Lewis, a US socialist declared in 1910 that the day was not a time for celebrating anything, but rather a day for anticipating all the struggles to come... “When we

may eventually and forever stamp out the last vestige of male egotism and his desire to dominate over women,” she said. For women in Africa, the struggle for women’s emancipation have been jeopardised by many challenges facing the region which include feminisation of poverty, conflicts and wars, HIV/ Aids, violence against women and maternal mortality among others. But for Kenyan women, some of these gains might be realised through the new constitution and now that the dates have been changed, the new Minister of Gender, Ms Naomi Shaaban should use the IWD to make sure that women’s gains in the new Constitution are not eroded.

Candidates for Under Secretary General for UN Women

here are 25 names that have been put out for the position of Under Secretary General for the new UN agency on women. The new women’s outfit is replacing the various agencies that focused on women’s empowerment and gender mainstreaming within the United Nations.

The criteria for selecting the candidates include: Experience in and passion for working on gender equality and women’s human rights and empowerment, with a demonstrated interest in engaging with civil society, and particularly women’s organisations; Thorough understanding of the needs and interests of women at the local grassroots, both in the Global South and North, with a successful track record of concrete impact in the field; Demonstrated and recognised leadership and integrity, including: Collaborative working style and ability to build positive relationships with a wide range of partners; Visible record of public advocacy for gender equality and women’s human rights and empowerment; and Readiness to be outspoken and independent in fulfilling the entity’s mandates; Track record in fundraising and proven skills in the management of complex organisations and developing strategy accordingly in a creative and effective manner;

Politically astute and able to engage effectively with a wide range of actors in international negotiations. The names that have been put out are; Alcinda Abreu (Mozambique): Environment Minister. Haifa Shaker Abu-Ghazaleh (Jordan): Current Senator to the Jordanian Upper House of Parliament and General Secretary to the Family council for Family Affairs; Former Regional Director for the UN Development Fund for Women (UNIFEM) for Arab States. Bagnan Aissata Fall (Niger): Director of Transparency International Niger. Inés Alberdi (Spain): UNIFEM Executive Director. Michelle Bachelet (Chile): Former President. Winnie Byanyima (Uganda): Director of the UN Development Programme (UNDP) Gender Team. Shirin Sharmin Chaudhury (Bangladesh). Radhika Coomaraswamy (Sri Lanka): UN Special Representative for Children and Armed Conflict (formerly UN Special Rapporteur on Violence against Women). Malahoo Forte (Jamaica): Minister of State (Foreign Trade). Nilceia Freire (Brazil): Minister for Women’s Affairs. Nabiha Gueddana (Tunisia). Nyaradzayi Gumbonzvanda (Zimbabwe): Secretary General of the World YWCA and formerly

UNIFEM regional director. Geeta Rao Gupta (United States). President of the International Centre for Research on Women (ICRW). Aslaug Haga (Norway). Marina Kaljurand (Estonia). Rosario G. Manalo (Philippines). Nyaradzayi Rachel Mayanja (Uganda): Gumbonzvanda UN Special Adviser on Gender Issues and Advancement of Women (nominated by Gambia). Teopolina Ndaepo Mushelenga (Namibia). Louise Mushikiwabo (Rwanda): Minister for Foreign Affairs. Josephine Ousdraogo-Guissou (Burkina Faso): Executive Secretary of ENDA Tiers Monde. Joy Phumaphai (Botswana). Rafia Salim (Malaysia): Vice Chancellor and formerly UN Assistant Secretary-General for Human Resource Management. Sheila Sisulu (South Africa): World Food Program Deputy Executive Director and formerly Secretary of State for Women’s and Family Affairs. Marleen Temmerman (Belgium). Ulla Tørnæs (Denmark): Former Minister for Development Cooperation. Courtesy of Huairou Commission

Issue Number 09 • September 2010

Challenges ahead of the MDGs meeting

…By Jane Godia

hen the world agreed to the Millennium Development Goals (MDG) setting targets for poverty eradication and uplifting the standards of living, they did not realise just how herculean the task would be. Ten years after the targets were set by United Nations members states things have not been moving particularly in the developing countries. Some of the targets have almost been on a set back, at least in some countries. The MDG Five, which seeks to reduce maternal mortality, has remained an issue as mothers have continued to die when giving birth or due to pregnancy related causes. This has touched especially the United Nations Secretary General Mr Ban ki Moon, who has called for collaboration among governments, development partners, nongovernment organisations and the UN itself to put in more efforts to end the story of mothers dying when giving life. On June 11, Moon launched the Joint Action Plan to help improve maternal health. The Joint Action Plan calls for urgent and strategic efforts and urges all stakeholders, developed and developing countries, civil society actors, private businesses, philanthropic institutions and the multilateral system to each offer new initiatives and adopt an accountability framework that will keep maternal and child health high on the national and international development agenda. Speaking during the Women Deliver Conference in Washington, the Secretary General reiterated that “investing in women’s health must be at the centre of achieving the MDGs.”

Joint action In launching the partnership he said: “Only a global partnership can stop the death. There must be a renewal of commitment for governments to deliver for women and children.” He added: “This is a call to action for governments and all health infrastructures to work together in collaboration with non-government organisations, community based organisations, civil society organisations and international organisations.” Moon said: The piece meal approach has been tried but it has not worked. We must fight for women’s health in a joint action.” He added: “this has worked for HIV/Aids and malaria since it has a framework to track progress and accountability.” Accountability is important to ensure that the collective approach to improving women’s health can be realised. The accountability framework in the Joint Action Plan will track policy, programme and financial commitment of all stakeholders involved. It will also show how commitment contributes to improvement of women’s health at local, national and global levels. He called on the G8, G20 and African Union to make maternal health a priority reiterating that in working together UN aims to make 2010 a turning point for women’s health. At the time Moon said: “By September all actors must be clear on what they will do and how they will do it. They must take a reality check. We must keep our promises over a healthy world.” UN wants to make things easier for women and girls. This commitment can only work if there is political good will and finances to support it. The Special Session of the General Assembly on the Millennium Development Goals begins Monday, September 20. The UN member states will be looking at the progress of how far they have gone in the MDGs. In Kenya, out of every 100,000 women giving

Women have a right to skilled health care …By KenyanWoman writer

A Mr Ban ki Moon, UN Secretary General addressing the Women Deliver Conference in Washington in June that was attended by among other the Mrs Sia Koroma, First Lady of Sierra Leone. The Joint Action Plan on stopping mothers from dying was launched by Mr Moon at the conference. Pictures: Courtesy of Sam Hurd and Women Deliver

s Kenyans still nurse the hangover of getting anew Constitution, civic education of rights, particularly those affecting women must start immediately. Women must now remind the Head of State and his delegation to the Millennium Development Goals meeting in New York in September that there is maternal health that they need to rethink. Women have a right to life and they must not die when giving birth. In the new Constitution, Article 26 speaks of right to life. Article 26 (1) says: “Every person has the right to life.” So as Kenyans head to New York where a Joint Action Plan will be discussed on how nations can invest in women and children’s health, they must bear in mind that they have committed in law to protect women’s right to life and mothers must not die when giving life.

State obligation

birth, 590 die. In sub-Saharan Africa, a woman’s risk of maternal death is 1 in 22, compared with 1 in 8,000 in developed countries. An unacceptable number of women die in pregnancy and child birth each year because of failed reproductive health services. For every woman who dies at least 20 - 30 other suffer injuries, infection and disability. However, all maternal deaths are preventable. Maternal death is the death of a woman while pregnant or within 42 days of termination of pregnancy, irrespective of the duration and site of the pregnancy, from any cause related to or aggravated by the pregnancy or its management but not from accidental or incidental causes. To facilitate the identification of maternal deaths in circumstances in which cause of death attribution is inadequate, a new category has been introduced: Pregnancyrelated death is defined as the death of a woman while pregnant or within 42 days of termination of pregnancy, irrespective of the cause of death. Most maternal deaths occur during childbirth and the immediate postnatal period, which is also when most still births and newborn deaths occur. Every minute of every day, one woman dies and 30 women suffer long lasting injuries or illness from pregnancy related causes and complications. This amounts to 350,000 to 500,000 deaths and an additional 15 million disabilities every year. What are the main reasons for maternal death in Sub-Saharan Africa? Haemorrhage 34 percent; Hypertension 19 percent; Indirect 17 percent; Abortion 9 percent and Sepsis 9 percent among others. As the UN member states sit at this important meeting in New York they must still keep in mind that poverty and inequity are the underlying contributors to many maternal deaths. Poor households are at a higher risk of mortality compared to wealthy households. Poverty affects maternal health through a range of mechanisms. Poor diets and food insecurity increase the risk of illness and under nutrition.

Maternal health is also influenced by gender discrimination, low levels of female education and few income earning opportunities for women. The MDG target number one which seeks to eradicate poverty has not changed for many women in the developing countries as they continue to be the face of poverty.

Solutions Empowering women at home will be a leading factor to get solutions to help improve maternal health. Women must be empowered to make decisions on the number of children they want and the contraceptives they want to use. These must be accessible and easily available. Heads of State and Government who will be meeting in New York will have to seriously rethink about budget for women’s health, which is not even accounted for in national planning. Moon reminded nations that they must put in place infrastructure that would improve women’s health and make child birth a joy instead of a situation of anxiety where more often than note people end up celebrating death. “If simple blood tests, consultation with doctors and qualified skilled birth attendant were made available, then there would be a big difference,” Moon explained. “There should be simple antibiotics, blood for transfusion, safe operating rooms and transportation. With this the risk of death will be eliminated,” reiterated the Secretary General. He added: “We must fight for women’s health with all our resources all the time. When we work together, we succeed.” The Joint Action Plan demands that all women and children should benefit from the relatively simple, proven health practices and known technologies that can save lives. Heads of State and governments meeting in New York must rethink their national plans and budgets as they meet to review 10 years of MDGs. The MDGs summit offers global leaders a chance to make decisive move to improve the health of women and that they must prioritise women’s health within their national and regional agendas. Providing basic health care for women prevents illness and disabilities, saving the billions of shillings that would otherwise have been spent on treatment.

The Bill of Rights of the Kenya’s new Constitution reminds the State of its obligations and that women now have a right to take the Government to court if their health issues are not addressed. Article 20 (5) b says: “... If the State claims that it does not have resources to implement the right, a court, tribunal or any other authority shall be guided by the principle ... in allocating resources, the State shall give priority to ensuring the widest possible enjoyment of the right or fundamental freedom having regard of prevailing circumstance…” If women learn about these rights through proper civic education, they will be able to put the State to task allocating money in its national budget for women’s health. The State must ensure that they have access to family planning and health care infrastructure that is available and easily accessible. Article 22 (1) states: “Every person has the right to institute court proceedings claiming that a right or fundamental freedom in the Bill of Rights has been denied, violated, or infringed, or is threatened. Women therefore can sue the State if they fail to get skilled care during child birth. The Bill of Rights is an integral part of Kenya’s democratic state and is the framework for social, economic and cultural policies. The right to skilled birth attendant is as much a women’s right as it is a human right. Currently the number of women accessing skilled care at childbirth in Kenya has gone down compared in 2008-2009 it was at 44 percent compared to 1989 when it stood at 50 percent.

Issue Number 09 • September 2010

Women laud the chance to inherit land

New Constitution to lift the yoke of Customary Law

…By Odhiambo Odhiambo

he fact that the new Constitution allows women to own land is cause for celebration among women in Nyanza province. Women from Kuria and Luo communities are very happy with the provisions in the new constitution that allows them to inherit parental land. For a long time, women in these two communities were considered to belong to the “families where they are married and lived”. The inheritance of parental land, therefore, influenced the voting pattern in a big way in Nyanza where 1.1 million people voted in support of the new law against 101,491 people who opposed it. “The Constitution actually recognises women as citizens of this country. We will no longer play second fiddle to men as relates to land ownership,” said Ms Margaret Chacha, a human rights activist from Kuria West District. She says the old constitution was very cruel to women who were unlucky to get married since their in-laws never allowed them to own anything including land.

Challenges “Some were even kicked out of their marital land after the death of their husbands because their names never featured in the title deeds or in any other land document,” says Chacha. She adds: “In our community, the role of a woman was restricted to cooking and taking care of children.” Brothers also became very cruel to any female sibling who showed an intention of wanting to be given a share in the family land, a situation that has been reversed with the new constitution. However, there are those who are not happy that women will be inheriting family property and land. A trader, Mr Samson Mukami, says opposes the new constitution because he feels it is mutilating African culture. “It will give women a false illusion that they are equal to men and can even make key decisions in the family,” Mukami explains. Among the Luo, unmarried women were never allocated land by their parents and only returned to their homes during occasional visits and for burial or wedding ceremonies. “And they were not supposed to stay in their parental homes for weeks or months without a proper reason unless there was a problem in the marriage that required arbitration,” says Mzee Nashon Owiti, 78. But the women from Luo community are celebrating the gain. “The proposed law is a very good package for women. At least, women will no longer be taken for granted by men…we will have equal shareholding with our husbands in marriage,” notes Mrs Jennifer Otieno, a secondary school teacher. She adds: “The Constitution will be superior to the cultural traditions.”

…By Ben Oroko

omen in the rural parts of Gusiiland welcomed the new Constitution with a sigh of relief, anticipating a bright future. For Mrs Gladys Bonareri, a resident of Nyambunwa Village, Gucha District, the new Constitution will liberate women in the Gusii community whose lives and investment careers have suffered at the expense of retrogressive customary laws and values. These have seen women in the community denied the right to land and property ownership. Bonareri says such outdated customary laws on land and property have left women in the community suffering. Widows as well as old and disabled women have been left in a desperate situation where they have been overly-dependent on men. “With the new Constitution, women from the Gusii community have every reason to celebrate and welcome the new constitutional dispensation since it has created space for their liberation,” says Bonareri. She adds: “Women have been discriminated against in land and property ownership under retrogressive customary laws.” Women from the Gusii community have always been pushed to the periphery when it comes to decision-making on land and property as men do not bring them on board.

Women in Kisii toiling on land where they are paid as cheap labour. The new law has been applauded by the women from the community which has used patriarchal customs to discriminate against women in land ownership and access. Picture: Ben Oroko “The new law will ensure women from the community are consulted and involved in land management and administration,” she says.

Food insecurity “Women from the Gusii community continue to suffer the brunt of food insecurity since all matters pertaining to land cultivation and development are decided by men who hardly consult or involve them,” reiterates Bonareri. She blames the community’s outdated customary laws for contributing to land fragmentation and over cultivation of existing strips of land. This has led to exhaustion of soil which has in turn contributed to poor crop yields and by extension food insecurity. A widow from Masiacho village, Gucha District, Mrs Mary Marucha concurs that the new Constitution

has brought economic independence to women in terms of land and property ownership. “As a widow you can only inherit your husband’s land or property only if your in-laws agree or lose out altogether depending on who is on your side and the influence at play,” explains Marucha amid sobs. She adds: “I am happy the new Constitution has come at the right time though too late for women who have suffered under discriminatory customary laws on land and property ownership.” She says it has been traumatic for many women, especially widows from the community whose contributions to the family wealth and property ends when the in-laws sideline them in the distribution and inheritance of land and estates owned by their deceased husbands. Marucha is optimistic the new Constitution will liberate women

“I am happy the new Constitution has come at the right time though too late for women who have suffered under discriminatory customary laws on land and property ownership. As a widow you can only inherit your husband’s land or property only if your in-laws agree or lose out altogether depending on who is on your side and the influence at play. ” — Mrs Mary Marucha, a widow from Gusii.

from the Gusii community where rigid customary laws have denied them the right to make decisions on land use issues. Majority of the women, who are not economically independent, have been forced to depend on their husbands for economic and social security. A resident of Otamba Village, Nyaribari Chache Constituency, Mrs Jane Aita, observes that women’s access to land not only determines their standards of living in the society but also their role in food security at household level.

Decision making Aita says the new Constitution will give women a chance to actively participate in land use decision making processes. They will also be able to fast-track their role in food security situation as they provide the bulk of the labour force in food production. “With the new Constitution, women from Gusii will ride to economic freedom and actively participate in the management and administration of land which is the source of their livelihoods,” observes Aita. It is a known fact all over the world that women play an important role in enhancing food security situations and with the new Constitution giving them access to land ownership it will enhance and improve food security situation all over the country.

Issue Number 09 • September 2010

Development partners bring small-scale female farmers to the forefront

“Helping female farmers is a good investment for the country’s future. Women are the largest producers but have been the most marginalised. We know that when we support women, more food and money goes into feeding children at home.” — Florence Chenoweth, Liberia’s Minister for Agriculture

…By Rebecca Harshbarger

omen who grow more than half the world’s agricultural produce have gained international recognition and aid since the start of the global food crisis in 2007. “Instead of being seen as a minor, vulnerable group, international aid agencies have begun keeping sex-specific data and reaching out to them as development partners,” said Ms Jeannette Gurung, director of the Washington-based Women Organising for Change in Agriculture and National Resource Management. The reason: high food prices three years ago strained food-aid suppliers, causing them to look for cheaper, more flexible sources. In a policy shift that was also aimed at helping local economies, they began turning to small farmers, who are predominantly women. The pivotal moment came in 2007 when the Rome-based United Nations World Food Programme, the largest hunger-focused humanitarian organisation, which feeds about 90 million people a year, switched from a model of importing food to buying locally grown whenever possible. In the process, it hoped to provide culturally-sensitive foods to the communities it assists. That year, 80 percent of the food it bought came from 69 low-income countries, with major supplies from Uganda, Ethiopia and Pakistan.

Changing trends Between March 2007 and March 2008, wheat prices more than doubled, corn jumped by more than 40 percent and rice by nearly 30 percent, according to USAID, the federal US agency in charge of foreign aid. Cereal production rose in 2008 and brought those prices down, but they have never fallen back to 2007 levels. Currently, a harsh drought in Russia has led to wildfires and a subsequent ban on the country’s wheat exports until the end of the year. This has caused the price of a bushel of wheat to climb towards 2008 prices. Since early July, wheat prices have almost doubled to $8.41 a barrel, though still below 2008 when a bushel of wheat reached $13. Gurung said in the past aid tended to support agribusiness and overlook agriculture in development assistance. But when food prices spiked in 2007 and 2008 development organisations began to take a new approach that brought small-scale female farmers more to the policy fore. “They were putting the emphasis on the wrong actors and there has been a shift to see small-scale farmers as the real farmers of the world,” said Gurung in a recent phone interview. “And once they looked at

A woman standing inside a maize farm. Women grow half of the world’s food but are marginalised in terms of earnings and ownership. Pictures: KenyanWoman correspondent and Internet.

small-scale farmers, they began to look at women.” Liberia offers a prime example. Last March in two counties in northern Liberia, the WFP began purchasing rice from local communities for school nutrition programmes, rather than importing food from abroad. This helped the female farmers who grow most of that rice. “For the first time in the history of Liberia, the WFP is buying locallygrown rice exclusively for the school feeding program,” said Ms Florence Chenoweth, Liberia’s Agriculture Minister in a telephone interview. Chenoweth is the first woman to hold that post on the entire African continent. Women produce between 60

percent and 80 percent of the food in poorer countries and grow half of the world’s food, estimates WFP. Men, with more resources are likely to engage in large-scale commercial agriculture. In sub-Saharan Africa, the number of female farmers varies from country to country, but small-scale farmers are predominantly women. Across the continent, high rates of male migration to cities from the countryside has created an even larger role for women in farming. Against this backdrop, rural women around the world have faced serious disparities in land ownership, access to labour-saving technology, and hired labour as well as technological resources such as fertilizer, improved

Rural women around the world have faced serious disparities in land ownership, access to laboursaving technology, and hired labour as well as technological resources such as fertilizer, improved seeds and insecticide.

seeds and insecticide. In 1977, at the age of 32, Chenoweth led Liberia’s Agriculture Ministry. However, she fled after a violent coup in 1980 that led to two civil wars. She returned to the post in 2009.

Gender specific data Chenoweth has long advocated for gender disaggregated data about agriculture to help narrow gender disparities. She said the lack of it can blind policy makers to the needs of female farmers, who often — due to legal and cultural restrictions on owning the land— do not have the collateral required to borrow money to buy essentials such as tools and fertilizers. Liberian government began gathering gender-specific farming data under the President Ellen Johnson-Sirleaf ’s administration, which took over in 2005. Liberia is the first African government to be led by a woman. As this information has been gathered and released, the Liberian Agriculture Ministry has used gender

specific data to guide its agriculture sector, which employs about 70 percent of the country’s population. Now government and international aid trucks leave Monrovia with bags of seed and fertiliser labelled “women”. Chenoweth says the data has given female farmers a chance to fight for their share. She explains: “They do not get an equal share of the supplies and they do not have equal access to the means of production, especially credit.” The ministry’s efforts to support female farmers appear to be reaping benefits in the form of higher crop production. Between 2008 and 2009, Liberia’s production of rice and cassava — which are grown almost exclusively by women increased by 43 percent. Chenoweth said helping female farmers is a good investment for the country’s future. “Women are the largest producers but have been the most marginalised,” she said. “We know that when we support women, more food and money goes into feeding children at home.” Courtesy of Womensenews

Issue Number 09 • September 2010

Empowering women in agriculture research

…By Duncan Mboya

omen are the backbone of the agricultural economy in Africa and they must be empowered at all fronts, whether they are the actual farmers or in research. According to AWARD Director, Ms Vicki Wilde, women farmers are the backbone of most African economies since they do most of the work before production, processing and marketing of agricultural produce. “To better address their priorities and challenges, having more women scientists is the only way out to strengthen their voices and also to encourage them to express themselves freely,” Wilde explained. She added: “Women tend to trust their womenfolk better than men.”

Fellowship She was speaking during a ceremony where 60 outstanding women agricultural scientists drawn from 10 African countries, received fellowship to help strengthen their research skills. They will then be able to share the knowledge with poor women farmers in improving food security across the continent. Out of the 60 women, 11 are from Kenya. Wilde observed that women researchers, university lecturers and senior managers offer different insights and perspectives that would help research institutes in effectively addressing the unique and pressing challenges of Africa’s farmers. She regretted that if left without due attention, women in the continent may wait for another 20 years before being at par with men in agricultural research institutions. “Africa cannot afford to wait two more decades for women scientists’ contributions to poverty alleviation and food security to be recognised,” Wilde said during the Africa Women in Agricultural Research and Development (AWARD) ceremony in Nairobi. Although women form majority of the farmers, less than one percent of titled land owners are women. This means that women only provide their labour and expertise in agriculture but neither own the land nor enjoy the fruits of their labour from the land in which they toil. With the new Constitution, however, things are definitely going to change when it comes to land and activities that go on it, mainly agriculture. Article 66 (1) f of the new Constitution in reiterates: “Land in Kenya shall be used and managed in a manner that is equitable, efficient, productive and sustainable and in accordance with elimination of gender discrimination in law, customs and practices related to land and property in land.” The researchers were given a two year fellowship. AWARD is a subSaharan professional development programme that is expected to help empower women farmers through the expertise of the beneficiaries. The five year programme that started in 2008 through support from Bill and Melinda Gates Foundation and United States Aid (USaid) has

Women researchers working in a laboratory. There are very few women in Africa who have gained access to agricultural research. Picture: KenyanWoman Researcher.

so far benefited 180 women scientists from the continent. Between 2008-2010, AWARD received 1,681 qualified applicants from more than 450 organisations in ten sub-Saharan countries, applying for 180 fellowships.

Women’s progress This has debunked the myth that women scientists are not available in the continent, sentiments that only favour men in times of promotions. “These sentiments are meant to hold back women’s progress and to justify why they are not hired or promoted equitably within research institutions, universities and other science based institutions,” Wilde explained. The AWARD programme was set up to help change this situation by enabling women agricultural scientists get skills they need to effect change on the ground and to have the influence needed to help ensure that rural women are served better. Under the AWARD programme, packages are tailored to the specific

needs of women scientists at different stages of their careers. The fellowship, unlike others does not apply on an age limit like other fellowships that lock out so many women from advancing their careers. Director of Kenya Agricultural Research Institute (KARI), Dr Ephrahim Mukisira, reiterated that women farmers have been in dire need of fellow women scientists to talk to freely. He said: “Where men are the agricultural advisers, women often avoid raising their problems.” Mukisira hailed the initiative adding that the agricultural sector is set to improve as targeting women is the best method of reaching women farmers. “Studies show that women remain more efficient than men in professional lines such as laboratory and support given to them is highly recommended,” he said. Of KARI’s employees, 30 percent are women and the number is expected to increase to 50 percent in the next five years. This is as a way of engendering the institution. He said that KARI has adopted a method of empowering farmers by training and employing women since they are best placed to speak on behalf of women farmers, who are the majority. The Vice President for Alliance for a Green Revolution in Africa (AGRA), Dr Akinwumi Adesina observed that the commitments to poverty alleviation and food security in sub-Saharan Africa will advance the continent’s prosperity once women farmers are empowered. “We need to modernize African agriculture by improving farmer’s knowledge and at the same time utilising the best modern agricultural science and technology,” he explained. Adesina noted that sustainable economic growth depends on transforming agriculture, which in turn, requires an investment in sound science and technologies. “If science is the pathway out of African poverty, we must have a new generation of scientists who must be ready to offer different perspectives, interests and commitments to farmers,” he said. He stressed the need to address the gender gap in Africa’s scientific community given that science is the cutting edge of solving the continent’s food crisis.

“There is need to have many women pursuing careers in agricultural science since women are the face of African farming,” he said. He told women scientists to help address the challenges such as frequent droughts and floods that farmers face as a result of the changing climate.

Fellows A beneficiary of the 2008 AWARD fellowship Prof. Waceke Wanjohi: “The fellowship injected life into my research work and has helped shape my thinking towards research work.” Wanjohi, who is a lecturer at Kenyatta University and a plant nematologist, said Africa stands to benefit hugely once women are fully incorporated in driving the food security agenda. She called for the mainstreaming of gender in academic curriculum as away of creating awareness to all the students to grow up with knowledge of gender issues. Kenyatta University has started capacity building for all staff on nematodes so as to promote awareness on the weeds that destroy crop roots leading to poor harvest. A plant pathologist at KARI, Dr. Ruth Amatta promised to generate her research and disseminate to the farmers. “What young scientists like me can do is to generate and share information with farmers so that they can begin to realise growth from their activity,” said Amatta, a 2010 beneficiary of the AWARD fellowship. She told fellow recipients to prove to Africa that they are capable of making contributions despite the limited assistance and consideration at their places of work. Agriculture is the key to economic growth in sub-Saharan Africa where between 70-80 percent of farmers are women. Unfortunately, these women farmers lack modern tools and financial support to purchase quality seeds and fertilisers leading to low yield. On average, agriculture accounts for 70 percent of full time employment, 33 percent of national income and 40 percent of total export earnings. With the constant drought that is occasioned by the changing climate, the situation is likely to get worse for these farmers who rely on agriculture for their livelihood.

Factfile “Africa stands to benefit hugely once women are fully incorporated in driving the food security agenda. Mainstreaming of gender in academic curriculum as away of creating awareness to all the students to grow up with knowledge of gender issues.” — Prof Waceke Wanjohi, 2008 AWARD beneficiary.

• Sex-disaggregated data collection is a new area that has been developing based on an increasing understanding of the relevance of knowing the impact of gender relations on individual, family and national development. • There is an urgent need for greater representation of women in the field of agricultural science and technology in Sub-Saharan Africa. • Female scientists, professors and senior managers offer different insights and perspectives to help research institutes to more fully address the unique and pressing challenges of both female and male farmers in the region. • Attracting more women into science and engineering would be a highly beneficial way of reducing these shortages. • Higher rates of female participation in science and technology systems can enhance the quality and competitiveness of research and innovation. • Women are less represented in high-level research and management positions compared with their male colleagues. As a result, women have less influence in policy and decision making processes. • The proportion of female scientists is still poor in technology and engineering, whereas the female share is considerable higher in social and agricultural sciences, medical sciences and humanities. • Women make up 60 percent of the agricultural labour force while they produce between 60 and 80 percent of the world’s food crops. • Women’s contribution to national development largely goes unrecognised and unpaid.

Issue Number 09 • September 2010

CDF is well intentioned but gender insensitive

ing, constrain project planning. Illiteracy among CDFC members also limits their capacity to implement projects and ability to prepare work plans hence causing project delays. Chances are that CDF is vulnerable to manipulation by the area legislator who may use his/her position to influence the selection of committee members and projects, turning the fund into a personal project. CDF has unfortunately taken on the culture of secrecy and patronage in its fullest form to the extent that beneficiaries are often unable to establish basic facts about projects in their local area.

…By Duncan Mboya

ounded in 2003 by Kenyan legislators with the sole aim of combating poverty through promotion of equitable growth and development, the Constituency Development Fund (CDF) has made some general achievements but with little on women. The CDF Act provides that the Government set aside at least 2.5 percent of its ordinary revenue for disbursement under the CDF programme. Under the new Constitution, this figure will rise to 15 percent. Under CDF, for the first time ever, the Constituency is functioning as a development unit. Consequently at present considerable resources are being channelled towards building up institutional capacity at the constituency level to support the fund. CDF is devoted to community based projects, which ensure that the prospective benefits are available to a widespread cross-section of inhabitants of a particular area. Under this provision, three quarters of the amount is divided equitably between Kenya’s 210 constituencies. The remaining quarter is divided based on a poverty index to cater for poorer constituencies.

Public engagement

Women’s projects Unfortunately, earmarked projects do not include funding women’s groups, a renowned successful engine of development in the rural areas where majority of the poor and women live. Projects shortlisted under CDF include construction of schools, health centres, water projects, roads, chief ’s offices, police posts and training of Constituency Development Fund Committee (CDFC) members. The allocation does not fund women’s groups or projects. Women are, therefore, left out of the loop in CDF funding. “Women and the disabled are not treated differently as they do not have special and direct allocation that goes to them directly,” says Ms Brenda Onyino, CDF Communication Officer. Onyino, however, observes that marginalized groups such as women can only enjoy special favours if the current Act is changed. She says that it is the committee that can recommend the changes to the board for approval once they visit projects and report their findings back.

Representation Membership of CDF committees also seems to favour men as opposed to women. Out of the 17 members, including the area legislator, only two are women, leaving the remaining slots to men. “This too can only be changed and the number of women increased but only with the recommendations by the Fund’s board,” explains Onyino. Initially, it was thought the constituencies would become the springboard of development as opposed to the districts, which have dominated the scene but with little impact in rural areas. However, with less women in the committees, it appears that the CDF has taken the

Women drawing water from a borehole constructed through Constituency Development Funds. Most of the CDF projects are not sensitive to women’s needs. Picture: KenyanWoman Correspondent.

root of the failed District Development Committees. Women appeared to be underrepresented in most of the CDF committees. Gender bias was also evident in staff recruitment for CDF offices as more men than women appear to have been employed. This is worrying because without proper representation of women in the committee, the business of running CDFs is unlikely to benefit majority of the poor people in rural areas. The Fund also seems to be solely in the hands of the MPs who account and audit themselves given that they dictate how and where the money should be allocated. Unless this is amended to reduce the legislator’s powers, the objectives of the Fund will not be met as legislators often neglect regions that failed to vote for them. Employment of the Fund’s managers, originally thought to be a solution has also hit a snag as in some constituencies they are just rubber stamps as the committee usurps their role. The MP’s role needs to be confined to legislative and oversight responsibilities. The CDF board should be granted full operational executive and policy independence, requisite accountability checks and effective redress needs to be put in place at both local and national level. The CDF (Amendment) Act, 2007 expands the use of the Fund to include the purchase of machinery and equipment, environmental programmes and bursaries for bright, needy students. Until 2007, CDF was

restricted to infrastructural projects. The new amended Act lays new responsibilities on the constituents as well. It will now be twice as important for constituents to elect MPs who are trustworthy and with good governance and leadership competencies and sense of prioritisation. Constituents will also need to be more demanding of their MPs. While there are indications already that the public will not take incompetence or corruption lying down, the task of tracking CDF expenditure will be a lot more time consuming and complex. And since the national management organ in charge of the fund will not be subject to the regulation of the State Corporations Act, the public will have little scope to exert political pressure on the national government to police the Fund.

CDF national allocation

Obviously then, CDF may be looked at as either an additional approach to further decentralization or as a way of reducing the devolution bogey. The tension between centralization and decentralization, therefore, continues to be exhibited through CDF. There is also concern over white elephant projects being funded through CDF in the country. Many committees do not consult experts before setting up any project. Some projects have consumed a lot of tax payers’ money yet they are not beneficial to residents. Whereas CDF has been successful in completing many infrastructure development projects which dot the landscape, its

management is riddled with corruption and controversy. The community project committees of the Fund remain a weak link in the CDF’s implementation and have a very poor accountability record. Their legal status also remains unclear as the procurement law fails to recognise them as procurement entities and they, therefore, operate illegally. But according to experts, CDF is impossible to monitor effectively without guaranteed access to quality information. Access to information at district level regarding planning and implementation is still a major challenge for citizens to hold accounting officers to task. This calls for the empowerment of citizens with information regarding development projects in their area to improve participation and accountability. Inadequate knowledge of project planning among community and committee members and the general lack of training and capacity build-

Year

Total Annual CDF allocations

2003/4

1.26 billion

2004/5

5.6 billion

2005/6

7.2 billion

2006/7

9.7 billion

2007/8

10.1 billion

2008/9

10.1 billion

2009/10

12 billion

Whereas citizen engagement might be better in CDF due to higher interest, public engagement remains nominal except in those constituencies where the MP goes beyond the provisions of the law to open up the fund. In most cases their personal assistants run the show, sometimes in total disregard of the committee’s and community’s opinion. Also, members of CDF committees who are government officials tend to have other obligations that compete for time with CDF committee activities. Each and every Kenyan is contributing to the CDF and must, therefore, take-up responsibility on its management. It is a social responsibility of citizens to be watchdogs of the kitty to ensure there is no manipulation or mismanagement by individuals. They should ensure proper utilization aimed at improving the well-being of the entire community. Citizens should decide on who sits in the management committee at all levels or ensure appointment leaders to such committees reflect their wishes. Such representatives should be people of integrity.

Monitoring The public too should participate in identifying projects to be undertaken using the CDF kitty, monitor all stages of projects planning and implementation, ensure independent and transparent auditing of accounts for projects and also evaluate the whole process of the project to ensure transparency and accountability at all levels of project. Many projects have stalled simply because of leadership rows and change of leadership. Where the leadership changed, old projects such as dispensaries or health centres have been abandoned as newly elected officials seem to neglect them. Some projects have also stalled due to poor planning, cases of pure misappropriation of funds and cases in which new facilities are put up, but cannot operate because they were never been approved by the line ministries. For instance, if a CDF constructs a dispensary without consultation with the Ministry of Medical Services or Public Health, such institutions cannot get medical provisions as well as staff. Seemingly there is fear of full citizenship empowerment that has somehow not made it easy for the rural grassroots areas to benefit fully as elites are afraid it will empower the masses.

Issue Number 09 • September 2010

Call for gender mainstreaming in East Africa integration …By Jane Godia

ender disparities continue to manifest within the East African region. Women continue to be marginalised within the region in many spheres. Women continue to miss in leadership and decision making positions. Whether in politics or at other fronts women face discrimination and are not guaranteed equal opportunity and access to decision making. Women continue to be victims of violence both at the domestic level and in times of war and civil conflict. They are exploited, suffer cruelty, under go inhuman or degrading punishment or treatment.

A Ms Marren Akatsa-Bukachi (centre) Executive Director EASSI with delegates at the Kampala conference that sought to deliberate on whether it was time for East African sub-region to have a gender protocol. Picture: Jane Godia

Set backs Health remains a challenge to women as policies and programmes are not gender sensitive as mothers continue dying when giving life. Children below five years are also dying from preventable and treatable diseases. Food security is also a challenge as women go hungry due to lack of economic empowerment. Despite contributing heavily in the agricultural sector, 80 percent of the labour, women do not have ownership to land that they work on. They are still many barriers that hinder women’s economic empowerment. Women from the East Africa region are looking into ensuring that there is gender equality and equity in the region during the East African Community integration process. Gender equality in the integration process will ensure the equal enjoyment of rights and the access to opportunities and outcomes, including resources, by women, men, girls and boys. Gender equity will ensure just distribution of benefits, rewards and opportunities in which relations between women, men, girls and boys are based on respect for differences. For instance, women form the bulk

What has informed the East African gender Protocol Campaign?

of the traders within the region, yet they have constant harassment within the borders of the partner states. By mainstreaming gender within the EAC, it means that the partners states will be able to identify gender gaps and make women’s, men’s, girls’ and boys’ concerns and experiences integral to the design, implementation, monitoring and evaluation of policies and programmes in all spheres so that they benefit equally. A situation analysis by the East African Sub-regional Support Initiative for Advancement of Women (EASSI) revealed that women in the region remain marginalised as gross gender disparities exist between men and women within the region. It is in this background that the women in East Africa are calling for the East African Community Protocol on Gender Equality (EADGE). This information came out during a conference in Kampala, Uganda recently. The conference was held under the theme 10 years of United Nations Security Council Resolution 1325 in Eastern Africa: is it Time for a Gender Protocol. Why a Gender Protocol? There is need at regional level to build on gains already made at national level

in promoting and protecting women’s rights. Addressing the conference, EASSI Executive Director, Ms Marren Akatsa-Bukachi said: “A regional study reveals that their remains a lot to be desired on women’s right. As women we need to ask ourselves what we can do differently.” Bukachi reiterated the fact that the region needs a gender protocol to build on the gains already made at national level in promoting women’s rights. “We need to build the capacity of local institutions and increase level of awareness and understanding of women’s rights in the region,” she explained. The women at the conference realised the need for the Gender protocol is urgent because it will be a binding instrument during this time that the region is working towards an integration process. Bukachi said lobbying the EAC organs on the gender protocol was already ongoing. “We are trying to get more resources and dialogue with national organs to get a buy-in,” Bukachi explained. She added: “We are trying to raise awareness around the protocol.

We are also doing advocacy and campaigning among policy and decision makers.” There is need for proper fund raising for developing the protocol as well as advocacy and implementation.” Women’s organisations in Nairobi have already presented a memorandum to the Minister for east African Community Mr Jason Kingi. The memorandum was a campaign for the east African protocol on Gender Equality. It stated that there was need for the EAC integration process to address gender disparities that exist between women and men in the region and therefore, uplift the status of the people.

marginalisation It said in part: “A situation analysis on the status of women in the region revealed that many women remained marginalised. Some of the areas where there is marginalisation include access to health services. This has been exemplified by the large number of women who die while giving birth; violence against women and access and control over resources including land. These barriers require Continued on page 6

situation analysis on the status of women in the region revealed that in many areas women remain marginalised. Some of these areas include: Access to health services, violence against women, access and control over resources including land. These barriers require a deliberate effort by EAC member states to address the socio-economic and political impediments faced by women in the region. While the regional integration process has opened up borders for trade and free movement, women face several barriers including non-tariff barriers which impede their ability to fully benefit from Trade Protocols in place. The EAC Secretariat has taken some steps to address gender issues including the appointment of principal Gender officer in June 2008. However, as an institution mandated to spearhead development in the region, much more needs to be done both at the policy level; and in terms of institutional arrangement. The EAC should put in place a Centre for Gender and Development at the Secretariat for this purpose. The SADCC process is a good practice in mainstreaming gender in regional integration processes. This involved several processes leading to development of a SADC Gender protocol in August 2008. The Gender Protocol has time bound targets for harmonisation of legislation related to women’s rights in the SADC member states. This is an important key for integration. Gender focussed organisation have a big role to play in working with drivers of integration. Policy makers must ensure that women and men are at the centre of the processes, understand it, fully benefit from it and engage with it.

Looking for women’s advancement in the Horn of Africa …By Jane Godia

he Horn of Africa has been synonymous with civil strife and conflict. However, the women coming from this region, who include Eritrea, Ethiopia and Somali, feel that if they had gender protocol, then they will be able to realise gender equality, women’s rights and sustainable development. In a meeting in Kigali Rwanda, women from these three countries came up with a Horn of Africa Declaration on Gender Equality (HADGE) that would be a regional instrument for advancing gender equality the region.

The rationale behind HADGE is that all these three countries there has been conflict and wars. In this instance women and children have been the most affected. For instance, in Eritrea, about 960,000 people have been displaced or affected by war. This is about 27 percent of the population. The situation of women and girls in the East African sub-region, and the horn of Africa in particular remains worrying as a result of armed conflict. It is evident that women increasingly bear the burden of armed conflict. In addition, armed conflicts exacerbate inequalities that exist in different forms and to varying degrees that make women particularly

vulnerable. Speaking in Kampala, Uganda during the conference dubbed 10 years of United Nations Security Council Resolution 1325 in Eastern Africa: Is it Time for a Gender Protocol, the women from the region reiterated the complexity of their interrelation. The conference had been organised by the East African Subregional Support Initiative for Advancement of Women (EASSI). “As any problem emerging from the Horn of Africa calls for the response of the three countries, the women realise that the gender protocol will help in resolving the problems women and children encounter

as a result of sustained conflict situations.” In Somalia, women are not particularly safe as there are even groups that oppose women attending conferences. What has been working is the commitment of Somali women to ensuring that there is peace in the region. Somali women have been included at the peace talks although certain groups still do not accept. In Somalia they are working with religious leaders, who are highly respected, to see to it that religion is not used to discriminate against women. The sheikhs and Imams are being asked to announce in mosques

that women and men are the same. This has worked and women have now been included not only in the peace negotiation tables but also in the constitution making process. Ethiopian representatives at the meeting said women need a better and conducive environment from which they can operate. They said: “A Protocol would enable women’s movement activists to promote women’s rights at the national level because the Protocol will be a binding instrument.” It is only through women’s advancement in sharing equally of responsibilities that peace can be fully realised in the region.

Issue Number 09 • September 2010

Victims of militia gang get a new lease of life

…By John Oroni

omen and the girls are the most troubled victims of the Sabaot Land Defence Force (SLDF) in Mt Elgon District, two years after the militia was disbanded after wreaking havoc in the region. The snowballing effect of the impunity that the women suffered in the hands of the ragtag army has come down to an increase in cases of HIV/Aids by 70 percent. The rate of school dropouts has also gone up to 80 percent. According to records in the Ministry of Education, girls are the most affected while education standards dropped by 100 percent leading to poor results in national examinations in the last two years.

Gang terror Over 1,000 people were killed during the clashes in which over 6,000 were displaced. The SLDF victims of include widows and girls aged below 12. This has led the locals to ask whether the Government was keen on families of people who were killed in Mt Elgon by the SLDF two years ago. And if the answer is yes, can the Government give an account on how it has helped the victims whose lives were shattered due to negligence by Government security agencies? These are some of the questions non-government organisations and the community are posing to the Government. A community based organisation, Elgon Pastors Forum and OXFAM (GB) have embarked on a disarmament programme to facilitate safe and smooth surrender of small arms to the provincial administration by militia youths. The two organisations have gone a step further and donated heads of cattle to needy widows from Cheptais Bok Community. They have also given 63 dairy goats and three cows to the widows from Ndorobo community who were resettled in Chep-

kitale. “We have also been able to donate 53 goats and three cows to widows in Trans-Nzoia West and Kwanza District. We see this as economic empowerment as well as a great psychosocial support and blessing to the widows,” said Mr Henry Kirui who has been coordinating the activities with the help Rev Stephen Mairori and Rev Emmanuel Chemengitch. “We hope the two organisations will extend the programme since a small fraction of families that have been fragmented and economically defeated because of war,” Kirui said in an interview with The Reject. He said without establishing a stable environment for Peace to thrive, human rights cannot be safeguarded and democratic institutions cannot function effectively. He added prosperity cannot flourish and human beings cannot discover their higher capacities for external achievements. The challenges facing the two organisations include restocking and the high number of widows, orphans and school dropouts. The fact that the land problem in Chepyuk phase 3 remains unsettled is still a challenge to those trying to advocate for peace. The situation is compounded by a high rate ofpoverty. HIV/Aids infection rate is also alarming. “The remnants of SLDF militia also need rehabilitation,” said Kirui. He added that the Government needed to address the issues before they get out of hand. The two organisations have carried out public peace and reconciliation prayer meetings in all divisions in Mt Elgon and pastors’ forums. “We have also carried out relief and rehabilitation for Elgon IDPs in partnership with ICM Kenya and Saddleback Church from USA in providing survival kits that include blankets and food among other essential items,” explained Kirui. He asked for the advocacy of

Caption Henry Kirui presenting one of the goats to a widows in Mt Elgon. Picture: John Oroni community issues with the provincial administration in order to have a long lasting peace in the Mountain. Two widows from the same family say their husbands were killed by a two bullets each before their throats were slashed using a panga belonging to one of the deceased.

Losing loved ones

The two women who are taking refuge at Kitalale Settlement Scheme in Trans-Nzoia West District say that life has been difficult since they lost their loved ones to the militia group. The two family members who included the wife of the late Chief of the controversial Chepyuk location Mr Tenderesi Temoi, Rose Tenderesi said her husband was killed during the day while on his normal routine work. “The SLDF militia descended on him while he was on official patrol and it did not occur to him that they were going to kill him. The chief knew the boys well and he did not imagine they will take his live easily,” Tenderesi said.

“The goats don’t require huge grazing land. It is the cheapest to keep with highest returns.”

“We lost our bread winners due to Government negligence. Can you imagine a chief being killed while the security personnel are doing little to curb the situation,” said Tenderesi. Her sentiments were supported by her brother in-law’s wife, Ms Rose Shikuku. Martin Shikuku, found the SLDF members holding his panga. When he enquired what the panga was for, they told him that they were going to use it for a small job. “It did not occur to him that the same panga was going to be used to kill him after few hours,” Shikuku said. The incidents occurred while she was watching before the gang also killed her 13 year old son. “This is something that we will never forget but we have forgiven them. We will continue to work closely with the Government and well wishers to uplift the living standards of the children that were left behind by the two and others in the region,” said the two women. The two widows who have benefited from the restocking programme say that the goats provided milk for domestic use since all the cows were stolen during the attacks.

“We are able to get milk for our children and the remaining we sell to get money to pay school fees,” the widows explained. They appealed to other donors to help in re-building their shattered lives.

Benefits

They were happy with the goats because they are easier to manage. “The goats don’t require huge grazing land. It is the cheapest to keep with highest returns,” said the widows. They said the goats have enabled them to transform their lives and that of the community at large. Area MP, Mr Fred Kapondi has since thanked the two organisations for putting a brave face in assisting the victims. “The Government has done little to improve the living standards of the locals when they created the problem. They should come in and end the conflicts in a peaceful manner since the region is leading in agricultural production,” Kapondi said. He at the same time appealed for assistance from development partners to help the locals with agricultural seeds that would help them rebuild their lives a fresh.

Call for gender mainstreaming in East Africa integration

Continued from page 15

a deliberate effort by EAC member states to address socio-economic and political impediments by women in the region. It added that while regional integration process has opened up the borders for trade and free movement, women face several barriers including non-tariff barriers which impede their ability to fully benefit from the trade protocols in place. The women’s organisations leaders said they believed that the integration process as enshrined in Article 5 of the Treaty Establishing EAC should truly be people centred. The protocol calls for a framework of the EAC on Gender and Community. “However, the EAC Treaty has no provision for engagement mechanism in ensuring gender mainstreaming in the EAC,” said Bukachi. If the EAC Gender Protocol comes to fruition and is fully implemented, it should be for the benefit of men and women within the region.

Speaking in Nairobi after meeting women’s organisations leaders who visited the East African Community ministry in Kenya, Mr David Nalo said the approach to having the EAC Secretariat deal with the memorandum of the Gender protocol will have to change. Nalo said there are constitutional structures that help EAC develop protocols. He wondered whether the protocol could be developed out of the structures within the Community. However since the protocol came from the women’s organisations, it could be pushed through the Secretary General. Briefing Nalo on the process so far Nairobi, Ms Jane Irama, a programme manager with EASSI said the PS’s views were synonymous with that of Uganda and Tanzania. “Uganda said the protocol can be put through the technical committee, while Tanzania suggested it goes through the Secretary General,” explained Irama.

She said they had discussed with the ministries of Gender within the region. “The consensus is that the document must emerge from EAC and then it invites us to discuss the process,” Irama reiterated. She added: “EASSI as an organisation will act as a focal point.” However, Nalo said that after rallying around all partner states, EASSI, as the focal organisation should write to Coordination committee; this is made up of the permanent secretaries on paper, who will then transmit the information to the Secretary General in Arusha. EASSI to write formally to the Chairperson of the Coordination Committee based on the understanding already existing understanding between the two on the matter to prompt the Chair to write to the Secretary General of the EAC to consider the matter as one of the agenda items in the relevant meeting of the Community. “It will be passed through relevant desks for convening regional

meeting,” he said. “Since Kenya already has a gender policy, as a country we will undertake to write to the Secretary General to support the cause.” Nalo gave a confirmation that he will do a note to support the process. “Once there is communication from the Secretariat, we will begin to organise the way ahead.” He explained further: “The Secretary General will then put it in the agenda that there is need for a protocol. It will be discussed and agreed if partner states need a gender Protocol, then they will use what you have presented as a basis for discussion.” In advocating for the protocol, the women’s organisations must come together and work with all relevant organisations. The women were advised to get a structured way of engagement. The EAC Integration Secretary Mr Barrack Ndegwa asked the women to organise themselves as a regional group and get observer status at the

EAC as an organisation in looking at gender issues. “This will enable the women coalition to be a pressure point,” Ndegwa said. However, Bukachi said in Kampala that the campaign process is on and they have already identified focal points at country level. “We have developed national alliances of women’s rights organisations and have also identified key national issues that impact women.” She added: “We have organised a regional forum and developed consensus issues.” In its strategic interventions the will work at increasing the levels of awareness and understanding of women’s rights among key actors and agencies in partner states through education and training. “There is need to use the Protocol as a tool to mobilise citizens support, otherwise people and especially women and girls who are less advantaged will be left out,” said Bukachi.

Issue Number 09 • September 2010

Economic empowerment versus violence

Women placed on a see-saw as they become financially independent …By Mary Amuyunzu

he verdict is out: two out of every five women aged 15-49 have suffered one form of violence. Findings from the Kenya Demographic and Health Survey (2008-2009) indicate that 39 percent of women have experienced violence, while 24 percent experienced violence in the 12 months prior to the survey. This means that one in every four women is abused in any given year. The prevalence of violence increases with age and the number of children. The more children a woman has, the more likely it is that she will be abused. However, it seems that men need to exert power over women and for the economically empowered women; physical brute becomes a tool to execute this. Does the socio-economic status matter when it comes to violence? There has been an assumption that educated and employed women are better able to take care of themselves and their children. The KDHS results provide a different picture: the level of physical violence against women employed for cash was 44 percent, those employed not for cash was 45 percent and those not employed was 31 percent. The question is: why should women who are earning an income be more prone to gender-based violence? Edward who has been married for four years says: “Educated and financially stable women are abused because there is disconnect between African and Western culture. Educated women do not appreciate African practices — they do not even want to hear about them.” He adds: “The day educated women will realise the different roles of African women and men, whether educated or not, financially stable or unstable, that will be the turning point in abuse.” Rahel, however, says: “The fact that some women depend on the men, they are usually on the receiving end. For those women engaged in petty trade, control over resources becomes a major cause of animosity in the home.”

Silence But Monica who has been married for three years says: “More educated women are abused because they do not talk about it, so the men get away with it. Poor women will discuss with others in their communities.” She explains: “Some of the men beat their wives to instil discipline while others do it under the influence of alcohol.”

Monica believes that divorced, separated or widowed women report abuse because they have nothing to lose unlike married ones who think that if they report they will be reprimanded by their family and friends. “This could be due to the long held view that marriage ni kuvumilia (is about tolerance),” says Monica. Could this be due to the fact that older women are more tolerant of abuse or that the men know that such women have limited options? An interesting finding is that women who are divorced, separated or widowed are more likely to report genderbased violence (60 percent) than their married (42 percent) and never married (25 percent) counterparts. An assumption is that violence could have contributed to the separation or divorce. For married women, 37 percent reported having been physically abused (shoving, A woman victim of gender based gender based violence lies on her hospital bed nursing injuries that were inflicted on her. Many women end up suffering violence when they are financially independent. Picture: KenyanWoman Correspondent beating and pushing) in the last 12 months, 17.2 percent reported sexual violence (inInterestingly, when certain be- of other substances have a role to case to the police but did not folcluding forced sex) while 30 percent haviour was investigated, partners of play in gender-based violence,” says low through due to pressure from reported some form of emotional his parents. Although they have a women in the highest quintile were Walter. violence. What is quite disheartening is child together, that beating marked more jealous or angry if the women Rahel who is still single thinks talked to other men (50 percent), that many women feel that a hus- the end of their relationship. The exthese statistics are not true to what which is an indication of insecurity band is justified to hit or beat a wife ternal scars may have healed but tois going on. She believes that more that could be associated to the high if she neglects the children (42 per- date Joyce does not understand why women are abused than has been eslevels of physical violence reported cent), argues with him (31 percent), she was beaten without any provocatablished by the KDHS. goes out without telling him (31 tion. Although she is willing to give above. Says Rahel: “There could be more percent), refuses to have sexual in- love a chance, she is not yet ready for emotional abuse against women Asserting authority tercourse (23 percent) and burns the a relationship. compared to physical abuse. Women Valerie who has been married for food (13 percent). Does this mean with more children are abused be- three years says: “Women who earn Communication that women have accepted their fate cause there is more pressure in the money are abused more because the and are willing to rationalise men’s Josiah who has been married for family, which leads to frustration.” men are threatened. This is mainly physical abuse? nine years says gender based vioThe same study established that due to the men’s need to exercise Joyce who has gone through gen- lence has gone up because couples gender-based violence was reported power to assert their authority.” She der-based violence had her views on do not talk. more in Nyanza (57 percent) and adds: “Women stay in abusive marthis issue. She recalls the eve of 2008 He says: “Nowadays it is not necWestern (45 percent) compared riages because of status — the need when a boyfriend abused her, after essary to beat a woman — there is to Nairobi (29 percent) provinces. to remain married.” nine years of cohabiting. “We had need for more communication at Could this be due to cultural reaValerie says if her husband beats gone out for a walk in the evening home to avoid violence.” sons? Men from the Bukusu com- her she will walk out immediately — and in an abrupt turn of events, he But Gabriel, a single man says it munity in Western are reported to however, most women never do. picked a stone and started hitting me should all be blamed on men’s ego. show love by occasionally slapping However, Walter who has been on the face without warning,” says “They are the head of households, their wives (kupanguza bibi) and that married for nine years feels that Joyce. “I was saved by two young they are the decision-makers and if if this does not happen, the women some men beat their wives or partmen, who threatened to beat him they feel threatened, they use their feel ‘un-loved’. ners more out of peer pressure. up.” might to send the message that they “They discuss the need to discipline Belonging What followed for Joyce was a are still in control.” He adds: “Womtheir wives and some execute it liter- long period of regret, swollen face en are getting empowered which Alice, who is still single: “Single ally. In addition, alcohol and abuse and recrimination. She reported the makes the men to feel threatened, women are abused and stay on in a hence the need to maintain the starelationship because they want to tus quo. Men who feel that women belong.” She adds: “Nowadays men “More educated women are abused because are undermining them could be are hard to come by so those in remore inclined to physical violence.” lationships stay on hoping that the they do not talk about it, so the men get away Sadly there are no winners in abuse will stop.” with it. Poor women will discuss with others in abusive relationships or marriages. Alice believes that if this hapBoth partners lose at the end of the pened to her, she would take a walk their communities.” day. — but this is easier said than done.

Executive Director: Rosemary Okello-Orlale

The Kenyan Woman is a publication of African Woman and Child Feature Service E-mail: info@awcfs.org www.awcfs.org

Editorial Director:

Arthur Okwemba

Managing Editor:

Jane Godia

Sub-Editors:

Florence Sipalla, Mercy Mumo

Contributors:

Faith Muiruri, Joyce Chimbi, Karani Kelvin, Malachi Motano, Odhiambo Odhiambo, Ben Oroko, Rebecca Harshbarger, Duncan Mboya, John Oroni and Mary Amuyunzu.

Design & layout:

Noel Lumbama (Noel Creative Media Ltd)

This paper is produced with support from The United Nations Democratic Funds (UNDEF)