Kenyan Woman Issue 005

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Issue Number 05 t May 2010

Issue Number 05 t May 2010

EDITORIAL Women finding their space within reform processes

Yes we can!

A resounding echo of positive response tells which direction for the constitution

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n the wake of unprecedented violence in 2007, a team of peace negotiators led by the former United Nations Secretary General, Mr Kofi Annan, held a series of meetings to save a country at the brink of selfdestruction.

The team agreed on a number of issues under the National Cohesion and Reconciliation Accord, commonly referred to as Agenda Four.

Ending violence was top priority.

There was also the issue of humanitarian crisis brought about by the violence, this largely touched on the internally displaced among other forms of abuse meted on Kenyans by fellow Kenyans.

To put a peaceful resolution on the table, there was need to discuss a coalition mode of governance and this formed Agenda Three. However, it’s the fourth agenda which looked into comprehensive and long term reforms that have not been clearly understood by many Kenyans. Agenda Four reforms include Constitution review, boundaries review, a new elections body, judicial, land and police reforms, the Truth Justice and Reconciliation as well as National Cohesion and Integration.

It is against this backdrop that women from the Coast met with journalists to discuss their position in the reform processes. What emerged was a general feeling that the country is at a crossroads and only a well thought-out reform process will take it to the next level of development.

The women claimed the position of the Kenyan woman was not being addressed as they have not been engaged as equal partners in the process of making the nation.

The process of implementing reforms is crucial and calls for a comprehensive and all inclusive approach. This is a process that can result in significant levels of national healing, cohesion and reconciliation in a country that bears deep historical injustices.

Women were, therefore, advised to Continued on page keep themselves informed in regard to 2 the various reform processes currently underway and to avoid being swept by the political wave. Civic education plays a key role in creating awareness on every step in the reforms process.

Journalists must also be proactive and comprehensive in their coverage of issues by creating visibility around women’s views, perceptions and opinions.

It was, therefore, a critical forum that provided space for women and journalists to share ideas on the reform agenda. This way, the reform process will not only be engendered but will be a beginning for women’s voices to permeate other spaces of nation building.

Women at the Bomas of Kenya applaud the gains in the Draft Constitution. Inset: They are joined in celebration by Justice and Constitutional Affairs Minister Mutula Kilonzo and Gichugu MP, Martha Karua.

…By Joyce Chimbi

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he voices of women at the Bomas of Kenya auditorium agreeing that they will vote yes to the new constitution would have been mistaken for one of those already celebrating a win.

The women, who had found space within the reforms process, agreed that the draft constitution contained gains that they could not afford to lose.

It cannot be forgotten that the journey towards the new constitution has been undoubtedly long, particularly for the minority and marginalized groups who feel that this new document will provide a solution towards a better future.

Affirmative action Women have continuously fought for gender equality and consequently for Affirmative Action which they feel will alleviate their plight as a result of being left at the periphery of significant decision making processes.

Although women account for the majority of the population, they remain a marginalised group in a society that is still strongly patriarchal. These numbers that women hold have not translated into fundamental changes to their lives or even improved their chances at taking up leadership positions.

It is against this background that women’s organisations led a National

Conference on the Constitution which brought together women from the grassroots so they could to solidify their voices as potential masses whose clout can have a significant say on the direction of the Constitutional Review process.

The Conference held at the Bomas of Kenya in Nairobi brought together an estimated 1,000 women from across the country to look into the gains the women have and also the contentious

“Women should not be left behind, there is need to bear in mind that the minority have a say but the majority have their way; women are a minority in the sense that they have not enjoyed equal opportunities with their male counterparts but a majority in as far as numbers are concerned.”

— Martha Karua

issues that may have adverse effects on the Constitutional Review process.

To this end, Member of Parliament for Gichugu Constituency, Ms Martha Karua, urged the women to remain steadfast and engage with the review process as equal stakeholders in the society.

In her address, that tackled the road that Kenyans have walked in the constitution review process, Karua called on women to run away with what they had in their hand.

Reform processes “This is not a new process, it is a process that ended in the 2005 referendum and now we are starting again.

Having learnt lessons of where we have come from we should not lose sight of the fact that this Constitution will open doors for fundamental reform processes,” Karua said.

Continued on page 2

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Issue Number 05 t May 2010

It’s now in your hands to do as you please, women told …By Jane Godia

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he Draft Constitution is appropriate and good for the nation and Kenyans should vote ‘yes’ during the referendum.

This was the clarion call from the Minister for Justice, Cohesion and Constitutional Affairs, Mr Mutula Kilonzo when he officially opened the one-day National Women’s Constitution Conference at the Bomas of Kenya.

Kilonzo who was heavily applauded for saying he supported women’s cause, cautioned politicians and other leaders against giving Kenyans partisan opinions when it comes to the interpretation of the document.

He reiterated that the Constitution was not a government document. “The constitution is not a government document. It is the people’s document and is now in their hands for them to decide what to do with it,” Kilonzo told the

women gathered at the Bomas of Kenya auditorium.

He added: “The proposed constitution presents a landmark in one way to a new system of governance.”

He said that women have negotiated for their space within the constitution and their participation is in principle with what is needed.

“If this constitution is not appropriate for women then it is not appropriate for the nation,” Kilonzo said.

He added: “As long as girls and women are valued less, the potential for a peaceful Kenya will not be realised.”

And went to explain further: The constitution defends human dignity of women but tragically, women are the ones whose human rights are violated.”

This was received to a resounding “Yes we can” as the women assured that minister that he can rest assured that they will vote positive when referendum finally dawns on Kenyans.

Let us discuss, not debate provisions …By Liz Nyangi

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s the manual voter registration exercise comes to an end, giving way to full civic education, both the ‘Yes’ and the ‘No’ supporters will soon fill the airwaves with campaigns and debate on the proposed constitution.

The fact that the Constitution is the supreme law of the land might be a factor which might be encouraging people to take a stand on issues around the constitution, believing that ‘it is either their way or the highway’. Is this necessarily the fact?

Allow me to humbly submit an alternative approach, a more cohesive one. One that is particularly required when you look at the constitution as a framework within which a nation agrees on how they intend to relate as different communities, ethnic groups, races, religions, age sets, genders; each important in itself and in its contribution to the building of the wider nation.

The preferred approach is one where consideration is not only given to ‘your way’ or ‘my way’ but to ‘both ways’; I see yours and you see mine and in so doing we come up with a way forward.

In order to get to this stage, people must have discussions and not debates, particularly if the end goal is to remain as Kenyans living in one nation.

Words matter and many a time we as Kenyans, tend to use words careless-

ly without thinking that we are offending other parties simply because we are engaged in a debate. And since many Kenyans are still raw from the impact of the last General Elections, and because for them, there are many questions they have not found answers for, hard stance and debates might trigger a repeat of what Kenyans witnessed in 2007-2008.

As the country is currently slowly limping back into some semblance of peace and stability, and since Kenya is still not completely out of the woods that she found herself in after the last elections, we must be careful to avoid debates and hardline positioning that may shake the foundation of unity along divisive lines.

The National Cohesion and Integration Commission is mandated to help foster nationhood, guard against discrimination on ethnic, racial and religious lines as well as watch out for incitement along these lines through hate speech. It is for this reason that the Commission urges Kenyans of all walks and particularly those in leadership positions among the youth, religious groups, political parties, communities, women and the Fourth Estate to hold and promote discussions around the proposed constitution so that after the referendum, the nation will remain.

The writer is a member of the National Cohesion and Integration Commission

TOP: A serialisation of Justice and Constitutional Affairs Minister, Mr Mutula Kilonzo, during the women’s national conference on the Constitution at Bomas of Kenya. ABOVE: The minister could not hide his joy when the women agreed to vote ‘yes’ for the Draft Constitution.

Positive response to Draft Constitution Continued from page 1

The MP, who was the Minister for Justice and Constitutional Affairs at the time that the national peace accord was signed and it dictated that Kenya rewrites a new constitution said: “The Constitution is in its fourth and final stage, which is where women and the nation at large are called upon to do their duty and make a decision on whether to retain the Constitution that now guides us or to get a new one.”

The MP further sought to bring clarity on two clauses that may be destructive to the process of acquiring a new document. These are namely the issue of abortion and the Kadhi’s courts.

Section 26 of the Draft Constitution has been seen as contentious by the Christian constituency as it says that abortion is illegal unless the life of the mother is in danger. There has been opposition to this article which some say leaves room for abortion to be carried out.

“This article (26) is actually an improvement to the one that now governs us. It refuses abortion to the extent of even selling instruments that can be used to procure an abortion,” explained Karua.

In the Draft Constitution Article 26 (4) reads: “Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of mother is in danger, or if permitted by any other written law.”

The Christian fraternity of this country, argues that this leaves room for women to carelessly procure abortions.

Christians, have also been arguing about the entrenchment of the Kadhi’s courts in the Draft Constitution.

“In addition, the issue of Kadhi’s court is very clear, they are not a religion but subordinate courts,” Karua cleared the air over what has been seen as a contentious issues. Article 170 (5) states: “The jurisdiction of a Kadhi’s court shall be limited to the determination of ques-

tions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion and submit to the jurisdiction of the Kadhi’s courts.”

The Gichugu MP reminded delegates that the only time they could have made changes to the document was in parliament and yet this did not take place. However, she said, the draft provides room for amendments and urged those opposed to the document to soften their stance and allow it to go through and then call for changes later.

Karua said that the Committee of Experts (COE) based the draft on the proposals it received from over one million Kenyans adding that opponents of the document should embrace democracy and stop misinterpreting it in order to suit their own selfish interests.

Karua emphasised that women need not lose sight of the history of the Constitutional review process as well as the promise it holds if the process is to be successful.

She reiterated that the fourth organ of the review process is the referendum and people must be allowed to do their duty as is demanded by law.

The Draft emphasises that every person is equal before the law and that they are equally protected and empowered by the same law. This is a platform that without a doubt gives women the right to opportunities. She asked the delegates not to forget the fact that a woman is foremost a human being.

“Women should not be left behind, there is need to bear in mind that the minority have a say but the majority have their way; women are a minority in the sense that they have not enjoyed equal opportunities with their male counterparts but a majority in as far as numbers are concerned,” stressed Karua. “If women don’t make their stand and presence felt within this process, then they will remain marginalized.”

Make use of your numbers, says Murugi …By Aggrey Buchunju

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ender Minister, Ms Esther Murugi is asking women to use their numerical strength and pass the Draft Constitution during the referendum.

Murugi who officially closed the National Women’s Conference on the Constitution said the draft was women friendly.

“If the draft goes through then women will be guaranteed at least one third of the positions in job opportunities and decision making organs,” Murugi said. She added: “My dear women if we do not support this Draft Constitution then we are doomed.”

The minister said that while she appreciated that the church taught her good morals, issues of rape would not be there if men were also taught good morals.

“While giving birth is painful, it’s more painful giving birth to a child conceived out of rape and that is why it is important to have the abortion clause in the constitution,” Murugi reiterated.

The minister was speaking in connection to those opposed to the draft constitution because it makes reference to abortion.

“Let those who value lives of their mothers and sisters stand up and be counted,” Murugi said.

She claimed that men were opposing the draft not because of abortion and Kadhi’s courts clauses but because of the rights the document has accorded the women. It is those who give birth who should speak on matters of reproductive health, she told the women delegates.

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Issue Number 05 t May 2010

Scoring in politics

Maimuna Mwidau raises pertinent issues on how to play the political game ball

…By Jane Godia

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re politicians born or made?

That is a million dollar question that got Ms Maimuna Mwidau talking on how women can make it right in a rough terrain that has kept their numbers low and invisible.

Speaking on issues constitution, Maimuna would like to see Kenya on a devolved platform. “We have a centralized government that has to be decentralized, put checks on a powerful presidency and give people their rights,” she says. “People have made it a self-interest agenda of political perspective, playing politics and planning for themselves and not about Kenya.”

And she does not mince her words when she discusses all that appertains to the constitution. She is clear on what the common man would like to see. “What is contained in the Draft Constitution is not what Kenyans asked for,” Mwidau reiterates. “Kenyans did not ask for over 300 members of Parliament. The people want a lean Cabinet.”

Equal space Mwidau remembers going through the country with the team that was collating views on what Kenyans would like included in the constitution review.

She recalls the issue of affirmative action and offering the Kenyan woman equal space on the political platform.

However, what emerged is the fear of the Kenyan woman. “The Kenyan man does not want to give room to the Kenyan woman who is highly qualified.”

This issue is not restricted to Kenya alone, it also affects women from the rest of the African continent. “The African woman is so powerful and yet she does not have the grip of power. The African woman likes being organised yet politics does not go that way,” she says.

Maimuna advises that “as a woman you must think on your feet, and not bring in emotions”.

That is why she is of a different opinion when it comes to women’s political empowerment. “Politics is not about going to workshops and seminars because while women are doing this, men are actually sitting somewhere sharing power,” Maimuna reiterates.

She believes that women would gain a lot if they changed the way they play politics. “Politics is about power sharing and money and women do not seem to have either of this,” she notes.

Giving examples of women who have survived elections in a tough terrain, Maimuna noted women like Mrs Charity Ngilu (Water Minister), Beth Mugo (Public Health) and Martha Karua (MP) have made it because they understand the ropes in politics. “When these women sit with men cutting deals, they know it is a different ball game altogether.”

Women leaders The advice Maimuna would like to give any one aspiring to be a woman leader is that: “A woman leader must never shy away from speaking her mind on issues but she must never put down people.”

However, she is quick to add that women must support each other and women leaders must speak about women’s rights. “Women need each other and women leaders must work with others.”

Maimuna, is a graduate of Toronto University where she studied Third World

Politics. She also studied Anthropology to enable her understand the dynamics of politics. “This enabled me to be true to myself,” she says.

Having grown in a political family where her late father, the Honourable Abdalla Mwidau was a politician, Maimuna could not escape following into his footsteps.

When the founding father of this nation was imprisoned, the elder Mwidau was actively involved in politics. In 1964 as Kenya gained her independence, the old man became a councillor.

Maimuna recalls politics being part of the family life. Many discussions in the family revolved around politics. She remembers when Tom Mboya was shot dead in the streets of Nairobi in 1969, “I immediately sensed that there was something heavily political in the air by the way my father was behaving”.

In 1979, after Kenyatta’s death, she was already in politics joining her father at his political rallies. “My father would often ask for my opinion on what he had said at the rallies. He would engage me in more intellectual discourse and I always gave my honest opinion whether it was correct or not,” she recalls.

This made her father treat her like a confidant of sorts and even introduced her to his political affiliates. At age 12, she had already met Martin Shikuku and at 16, she had interacted with William Ntimama.

The only time she ever disagreed with him was when she wanted to study communications but he wanted her to take law. In the end she studied politics.

“I had to watch the movie Holocaust to understand the conflict, for instance,” Maimuna says.

Currently serving as the Executive Director League of Muslim Women in Kenya, Maimuna contested the Kisauni Parliamentary seat following the death of its incumbent MP Karisa Maitha in August 26, 2004. Although she lost in the nominations, many people were disappointed. “I had learnt at an early age about the battles of politics. Political games have nothing to do with you as a person, it is about competition,” she reasons.

Muslim woman However, Maimuna has no regrets because she had made a statement and made it easy for other women who have after that come out to contest civic and parliamentary seats. “The message was that I am a Muslim woman and I can do something and that even behind a buibui (Muslim women’s religious dress) there is a leader, doctor, and politician,” she says adding, “As a result of that we can now find Muslim women councillors and they all learnt from me.”

However, she is worried that despite the numbers, there is something seriously wrong with the way women vote. This, she says has greatly affected the numbers of women in political decision making positions. “We will only get change if we understand why we need a new Constitution,” she says, adding. “Even when sitting as enemies, men know each other’s strengths and that is how they sit together and share power.”

When looking for an alliance, Maimuna believes, it is about calculating numbers.

She says this is something that she learnt from Mr Dalmas Otieno, current MP for Rongo and Public Service Minister.

Maimuna Mwidau: “As a woman you must think on your feet, and not bring in emotions.”

“How does one make sure they are nominated?” poses Maimuna. She answers: “By being able to mobilise people on the ground. People who are good on the ground and are not known up there are the people politicians look for because they have the numbers.”

She continues philosophically: “Strength is in the numbers. The common man and woman have not been educated on their strength. United States President Barack Obama won the elections because he was able to communicate his message by explaining himself clearly to the rest of the world.”

Maimuna believes we can only achieve the change we are looking for in Kenya if we send a message that hits home with each and every Kenyan.

“It is the voter who decides that this is it, then we will have the right thing.

Change is the only thing that comes from within us.”

And she believes that if the right message gets to the women, then definitely there will be change. “Women can make a campaign and do the simplest thing that needs to be done. Send the message out there in a very simple way and this will bring change.”

She warns women going out into public life to take care over what they say.

“They must watch out for the media which is biased in dispensing information.”

Maimuna cautions: “Women must focus on issues and stick to it. If it is about the constitution, discuss what needs to be addressed and you will never go wrong.”

She adds: “If you keep trying to justify things and shifting you will go wrong.”

Maimuna gives her ear to former FIDA executive director, and now TJRC Secretary Patricia Nyaundi.

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Issue Number 05 t May 2010

Women ignorant on reforms agenda Government challenged on civic education as Agenda Four gains momentum …By Saida Aroma and Bendaro Tsuma

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ne single event took place following the disputed December 2007 elections and changed the course of the country sending Kenya on a restructuring mode.

While the country was burning as mayhem and death took centre stage, the world moved in and a team headed by former United Nations Secretary Dr Kofi Annan chaired the peace talks that put in place a coalition government after the signing of the peace accord.

The team at the peace talks had the first agenda of restoring peace. Second they looked at how to settle those who had been displaced from their homes.

Third was the formation of the coalition government. Fourth was how to bring about long lasting reforms that would address underlying causes that triggered the violence.

While the first three agendas were successfully handled, the fourth agenda remains challenging.

While many Kenyans, and women in particular, do not understand what is going on with the reform processes, the Commissions that have been constituted to make the country stable are not having it easy.

Journalists and women leaders from the Coast at a Media Dialogue meeting where they exchanged ideas and discussed the reforms process.

Reform process Agenda Four includes Constitution Review, Truth Justice and Reconciliation Commission (TJRC), Interim Independent Elections Commission (IIEC) and Interim Independent Boundaries Commission (IIBC) among others.

A media encounter between journalists at the Coast and women from the region revealed that many Kenyans, especially women do not understand Agenda Four and the reforms processes.

What emerged was a call for civic education so that everybody can be on the same page to make the reforms process all inclusive.

The women, after being taken through the mandate of the TJRC, claimed they now had a better understanding of the Commission and regretted having chased away the Truth team when it visited the Coast on an introductory tour.

At the end of the day, the women called on the Government to recruit enough civic educators to sensitise Kenyans on the ongoing reform processes, including the forthcoming referendum saying past apathy can be traced to ignorance on the same.

The women decried lack of skilled personnel who could educate women at the grassroots on the importance of these processes that would help them make decisions from an informed position.

Human rights According to Ms Betty Makena Mutugi, gender officer from the Central Organisation of Trade Unions (COTU), Kenyans need to participate in these processes from an informed level to be able to demand for their own human rights.

Mutugi recalled how during the last referendum and subsequent the General Elections, politicians hijacked the process and misled Kenyans on some of the critical issues for their own selfish ends.

“The Government should not allow politicians to play a lead role in these processes as they will drive individual or party agendas,” she said, adding: “Trained personnel should be left to drive the process so as not to confuse Kenyans.

Women, majority of them from the slums and rural areas, are normally the most vulnerable and biggest victims in such exercises since they are illiterate.

The Government should also put in place mechanisms to monitor civic educators so that those given funds to carry out such activities are audited to ensure they have complied with prudent financial management practises.

Mutugi said civic educators employed by the Government should work closely with those from the civic society so as to ensure that at least three quarters of Kenyans are educated on these processes.

The media encounter, organised by African Woman and Child Features and the Caucus for Women’s Leadership on creating awareness on Agenda Four expressed concerns that there was little knowledge on voter registration exercise with many Kenyans rushing to their rural constituencies to register instead of voting from wherever they reside.

One constituency “It is clear that many Kenyans do not understand that during a referendum we shall be voting for a document and not an individual and so the whole country becomes one constituency with any eligible voter allowed to vote any place he has registered,” explained Mr Peter Ochola, a programme manager with the Caucus for Women’s Leadership.

Ochola who took the women through what Agenda Four entails, said the Draft Constitution that is already with the Attorney General, Mr Amos Wako, is a good document which is progressive on very many issues compared to the current Constitution.

He said some of the timelines set for the implementation of Agenda Four were not realistic and may leave a cross section of Kenyans out.

However, he expressed appreciation that some of the issues under the comprehensive and long term reforms were currently being addressed by the Government.

Ochola observed that for institutions such as the TJRC to fully carry out their mandate, more time is needed to capture all the issues Kenyans would like addressed including bringing justice and reparations to victims and identifying avenues for reconciliation or prosecutions and subsequently realising national unity.

“Let us not fear what is coming to us in the referendum, we have been expecting it for a long time and we should vote from an informed level since the process to the current draft has been a highly consultative,” he said.

Ochola, however, regretted that statistics indicating the level of awareness of the Draft Constitution among Kenyans were unfortunate and challenged civic society and the media to take up the challenge to educate the common man and woman on provisions of the document.

Challenged media He also challenged media practitioners to read and understand the proposed Draft Constitution as well as the provisions of the National Accord so as to enrich their news to enable Kenyans understand these processes.

Currently some of the processes are meeting hurdles on the way. The TJRC is in doldrums following the calls for its chairman Mr Bethuel Kiplagat to resign, the first vice chairperson and commissioner Ms Betty Murugi resigned from her positions because she felt that Kiplagat was compromising the Truth body.

The Truth Commission has been mandated to interrogate injustices that have stalked the country from January 1963 to February 2008. The pressure on Kiplagat to step down and the hostile reception his team has received certain parts of the country is a clear indication that all is not well with the Truth body.

The Minister for Justice and Constitutional Affairs, Mr Mutula Kilonzo is of the opinion that the Commission

should be disbanded as it had failed to meet its mandate.

However, according to the Secretary and Chief Executive Officer of the TJRC, Ms Patricia Nyaundi, the body remains the best option for women who have faced all forms of injustices that include sexual abuse as well losing property and land to have a fair hearing.

However, Ms Joy Masheti, a programme manager with the Caucus for Women’s Leadership said the process was critical to not only in fighting impunity but also holding perpetrators to account as it would help Kenya confront the past and achieve national healing, reconciliation and unity.

“Kenyans should stop being pessimistic but take charge as agents of change by ensuring that their views are captured and documented by the commissions,” Masheti advised.

She regretted that the delay in the TJRC process was denying Kenyans the expected benefits. As of now, the TJRC is already six months into its set period of two years yet it has not begun to hold hearings.

“The time frame within which the TJRC is expected to carry out its mandate is inadequate. Kenyans must not waste time bickering about the appointment of Kiplagat but should instead concentrate on presenting their views to the Truth Commission,” Masheti advised.

Fears over deadline Ms Mishi Juma from the Women Regional Assembly said women were not opposed to the TJRC but feared that it will not meet its deadline since it had been greatly interrupted with the walk-outs.

“For institutions such as the TJRC to fully carry out their mandate, more time is needed to capture all the issues Kenyans would like addressed including bringing justice and reparations to victims and identifying avenues for reconciliation or prosecutions and subsequently realising national unity.”

Some of the women felt that TJRC was formed purposely to protect some characters in government without first consulting a wide section of the public.

“The way TJRC was brought to us was suspicious. We were not consulted and it was like we were ambushed,” said Ms Frida Mwadime.

However, Masheti reiterated that the TJRC was beneficial to the country because it would enhance national cohesion, reduce ethnicity and even curtail nepotism which was more rife in the country now than it was during independence.

Successful completion Other Commissions are also facing various challenges that they will have to address to a successful completion of their works.

The Constitution Review process is facing the other big challenge as the country remains divided over what is contained in the Draft Constitution.

There are those who would like the Constitution passed as it is and amended later, but the church is opposed to the abortion and Kadhi’s court clauses. Parliamentarians are also divided over the Constitution though it was passed in the august House without them making any changes to it.

Although the voter registration exercise has been running smoothly, the IIEC is already facing challenges as many people still do not understand what registering afresh means. The Commission has particularly raised concern with the low turnout of women.

Post-election violence The biggest hurdle for the Commission is on convincing people that voting is their right. Currently the biggest hurdle is getting Kenyans to accept to register as a majority are still nursing bitter memories of the 2007 post-election violence.

Although the Boundaries Commission has hit the ground, it is facing resistance in some areas where politicians do not want to see the boundaries changed.

These are the main issues that touch the core of Agenda Four and must be resolved to put the country on a platform of stability.

Additional information by Jane Godia

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Issue Number 05 t May 2010

Call to mobilise women

…By Florence Sipalla

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hile women form over 50 percent of the Kenyan population, these numbers are not being felt as the voter registration exercise draws to a close.

According to statistics released by the Interim Independent Electoral Commission (IIEC) mid-April women are a minority.

This gives an indication of apathy among women and it does not augur well as the country awaits the referendum where Kenyans are expected to vote for or against a new constitution.

The IIEC Deputy Chief Executive Officer, Ms Gladys Shollei, while meeting organisations that work with women, called for eligible voters to register within the remaining days.

Extended process “It will cost the taxpayer KSh52 million daily if the Commission was to extend the registration process,” explained Shollei. Thus the Commission spent KSh 208 million after extending the manual registration process by four days.

The IIEC is appealing for assistance from civil society organisations, particularly those that work with women at the grassroots level to mobilise them to register as voters.

“Many women, particularly those from pastoralist communities, are not registering as voters,” said Ms Praxedes Tororey, IIEC Director of Legal and Public Affairs at a meeting in Nairobi.

This is an issue of concern for the IIEC which would like to see all Kenyans exercise their right to vote.

“We are working with the provincial administration, particularly the chiefs to encourage men to allow their wives to register as voters,” she said.

The IIEC noted that it should have consulted the civil society organisations before the voter registration exercise to partner with them particularly in creating awareness on the process.

Civic education Based on the experiences shared by the participants, it was clear that civic education on the exercise was still needed.

Ms Nellius Wanjiru from Vision Sisters in Eastleigh indicated that some of the women she had spoken to about voter

Women from Lang’ata Constituency display their electronic voter’s cards. Women recorded the lowest number of voters. registration thought they had to buy voters cards while others thought if they had the cards they used in the 2007 elections they did not need to register as voters.

Identity cards Women who were married before they attained the age of 18 could not register as voters as either their husbands or fathers would not give them their identity cards to enable them obtain their own.

Commissioner Hamara Ibrahim Adan indicated that the IIEC was liaising with the Registrar of Persons to ensure the process of issuing identity cards was fasttracked so people were not locked out of the voter registration process.

The women’s organisations present also made a plea to the donors to relax

their regulations to enable them access funds which would enable them reach women at the grassroots.

The IIEC was also requested to give gender-disaggregated data when announcing the numbers of women who have registered. This information would help the organisations monitor their progress in the quest to mobilise women to prepare to participate in the polls by registering.

Ms Grace Okello of the Young Women Christian Association challenged the women to tap into their personal networks to further the cause.

It was agreed at the meeting that women have strong informal networks that they have successfully utilised for fundraising which they should tap into

them to ensure this important process is successfully completed.

Awareness campaigns However, to counter cultural practices that could stop women from voting, it is important that the IIEC involves men in their awareness campaigns.

The Commission was also taken to task over how they were handling people with disabilities. Ms Elizabeth Khamala, who has a hearing disability, took the Commission to task with regards to provisions for people with disabilities.

Khamala, who works with United Disability Empowerment in Kenya (UDEK), a local non-government organisation, was an election supervisor during the 2007 elections. She said, then there

were no materials in braille, neither were there interpretation facilities for people with hearing disabilities nor access ramps for people in wheel chairs.

As the IIEC intensifies the voter recruitment drive, again there are no provisions in place for an estimated 3.2 million people with disabilities in the country.

Oversight Shollei, however, acknowledged this oversight and promised to have it addressed by the Commission.

Reflecting on her experience on the past elections, Khamala said she had to attend campaign meetings with an interpreter. “We have the capacity, we want to hear the message,” she said as she advocated for disability friendly policies.

Citizenry driven reforms urges comprehensive public dialogue …By Ibrahim Oruko

A

s constitutional review process enters the home stretch, the common feeling is that the document represents major development in the country’s long search for a new constitutional dispensation.

With the anticipated publication of the Draft Constitution by the Attorney General, there is a consensus that though the document is not the perfect one that most people would have wished to have, it is a break from the past.

This was the verdict of participants who attended a one day National Reform Sensitisation Workshop at Lenana Mount Hotel in Nairobi.

Progressive provisions The participants, drawn from Nairobi’s community based organisations and the media, agreed that the proposed Draft Constitution has progressive provisions that enhance women participation in governance and should be endorsed at the referendum slated for July. The meeting was organised by African Woman and Child Feature Service.

The provisions cited were as those chapters touching on representation, the Bill of rights, citizenship, devolution and legislature as well as the contentious ones like abortion and Kadhi’s courts that were not as anti-women as they were being made to appear by those opposed to the draft.

They pointed out that unlike in the past, the proposed draft gives women more leverage in public life and in so far as women’s representation is concerned, the document has the necessary safeguards in the sharing of the national resources. It is also progressive on matters of matrimonial property rights and the right for spouses who marry Kenyan women to access citizenship without any discrimination as has been in the past.

But even as the women celebrated what in their estimate is a progressive document, there were concerns that unless deliberate and concerted efforts are undertaken, the constitution process risks remaining elitist even as they accused the media of ignoring the voices of the women.

While calling for media and citizen driven reforms, Ms Rosemary OkelloOrlale, the Executive Director of the

“As women we need to forge a united front with the media so that issues that are important to us are highlighted with the seriousness they deserve.

This is the only way of getting what we want.”

— Ms Rosemary Okello-Orlale

African Woman and Child Features Services called on the women to roll up their sleeves and take the lead in articulating issues that will help national development from a gendered perspective.

“As women we need to forge a united front with the media so that issues that are important to us are highlighted with the seriousness they deserve,” Okello said. She added: “This is the only way of getting what we want.”

Ms Tracy Alwaca of Talents Theatre Group, Kariobangi challenged women to adopt the scouts motto and always ‘be prepared’ to speak out and express their views without fear.

Ms Judy Mutere of Tusemezane Women’s Group, Makadara told the women that they had no choice but to be accessible if they harboured any hopes of meaningfully pushing their agenda.

“We as women must start talking and giving our views on the kind of reforms that we want,” Mutere said. “But we cannot do this if we do not avail ourselves and promote our issues.”

Indeed, it was agreed that women must take the initiative and start talking and giving their views, and even opinions they want changed in the Draft Constitu-

tion. “Silence is not progressive,” they were told.

Agreeing on the necessity of constructive engagement at both individual and institutional level, the women were asked to structure their organisations in such a way as to identify a focal person who could lead the process.

Constitution making Ms Mary Wamai of Beacon Hope, a welfare group that promotes women’s issues in Nairobi’s informal settlements said the forum was illuminating and women at the grassroots deserved more information if they had to understand the technicalities of constitution making.

“We came here without the slightest idea on how we shall vote in the referendum because the debate we hear from the political leadership is mostly confusing,” Wamai said. She added: “It is propaganda politicians feed to us and with such a forum as this we go a long way in ensuring that proper and the right information is disseminated.”

She added with a chuckle: “We’re happy that we have a good idea on what we shall do when we enter the polling station during the referendum.”

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Issue Number 05 t May 2010

Julia Ojiambo Nostalgic journey on women’s empowerment, 25 years later

…By Ibrahim Oruko

A

t the peak of her public life Dr Julia Ojiambo was an assistant minister, an MP and a renowned scholar, besides being a resolute crusader for the rights of women.

It was at this time when most women were still shackled down by cultural conservatism of the maledominated society, and these achievements, as ironclad as they seem stood her out of the crowd.

“I was viewed as a torch on the hill,” Ojiambo remembers nostalgically so much so that it was in her honour that sometimes in 1985 the government had to seek her out to lead one of the most challenging delegations to the Third United Nations Conference on Women in Nairobi.

“I was not in the government. I had lost my parliamentary seat in 1983 but the government sought to exploit my skills on the area of women’s rights,” she explains, her remark also revealing her contribution to the women’s movement.

Ojiambo’s political and or public life has been a long but rewarding journey.

As the current Chair of the Labour Party of Kenya, she now spends a significant amount of her time in office training others to take the mantle. A task she explains as being difficult.

In regard to the status of having being an MP, Ojiambo explains that the prestige of holding the coveted position was long devalued with the rise of greed as a political ideology and the advent of a self-seeking breed of political class that is bereft of any principles.

As-hard-as- nails Ojiambo, gets consolation from the fact that she has been in the struggle for the rights of the woman for as long as she can remember and even though the achievements do not commensurate with the efforts, she is, however, proud the struggle is finally bearing fruit.

In her own words,” the struggle is interesting and much as it is fraught with challenges, some that have proved insurmountable, but in overall terms, it has been satisfying. I’ve enjoyed every moment of it. It has been worth it,” she says.

will be kind with her when history for the women struggles for equality is written.

Listening to Ojiambo’s story is synonymous with walking through the history of the Kenyan woman and her many desperate attempts to free herself from the yoke of subjugation. It could well be the history of post-independence regimes and their failure to mainstream gender issues within the state.

“This was not an accident,” she says of her role in the struggle. “I’ve worked hard for each and every bit of my success.”

In reference to her role in the 1985 UN conference as the head of the government of Kenya delegation: “It was a product of sheer hard, dedication and commitment under very difficult circumstances.

“Somebody in the government did not just wake up and appoint me to head the delegation. It was the culmination of years of hard work and dedication in an environment that was, and is, essentially hostile to issues that promote women’s position in the society.”

Given the historical and the patriarchal nature of the Kenyan nation it is not difficult to see her point of view because this was one struggle which was destined to fail.

Ojiambo’s says her road to the struggle started sometimes in the early 1970s when she chanced upon the opportunity by pure coincidence. It was during the countdown to the first ever UN Conference on women in Mexico organised to remind the international community that discrimination against women continued to be a persistent problem across many countries both developed and developing.

It was an opportunity she exploited to the maximum in raising her resume and also in marking the plight of Kenyan women on the global map.

Significantly, the Conference coincided with the United Nations Decade for Women which was commemorated between 1976 and 1985, the decade that launched a new era in global efforts to promote Continued on page 7

“There are many men who think they are better than me. But I’ve also shown them that I am just as good and strong as they are.

I’ve never believed in playing second fiddle to anyone having been empowered by information which has hardened me. I am not used to being held by hand or following godfathers.” — Julia Ojiambo

Struggle for rights “There are many men who think they are better than me. But I’ve also shown them that I am just as good and strong as they are,” she reiterates.

She further adds that: “I’ve never believed in playing second fiddle to anyone having being empowered by information which has hardened me. I am not used to being held by hand or following godfathers,” emphasises the former MP. Ojiambo is also quick to expound on the issue of the girl child: “Nothing gives me great satisfaction than the fact that families have finally accepted the girl child and mainstreamed her life is society.

“In the last few years, society has imparted skills that have allowed the girl child to get into previously male dominated careers such as piloting, engineering and architecture among others.”

Much as there have been major strides, Ojiambo says there are other areas where progress has been painfully slow and frustrating. Describing it as balancing the wheel, the former MP urges the government to focus on issues that hinder women from getting space in political governance.

“Kenya must borrow a leaf from Rwanda. The political elite must accept that human capital is the most important resource in development. They can together tackle corruption and promote values that are important in the nation’s progress, “she explains.

“If we leave these things to one half (gender), we only provide a forum for one half to undermine the other. We should build institutions that will provide checks and balances and stop these games of one side undermining the other.”

Since 1975, when the first ever United Nations Conference on women was held in Mexico, to Nairobi ten years later, where she was the head of the Kenyan government delegation, to Beijing in 1995, it has been one long journey for the former MP for Funyula.

And, even though complete emancipation is yet to be fully realised, she is proud that the world

Julia Ojiambo (second left) and members of the Orange Democratic party of Kenya which is led by Kalonzo Musyoka (third left).

7

Issue Number 05 t May 2010

Restore women’s confidence …By Rosemary Okello

A

s the voter registration exercise draws to a close, many women, majority of who are victims of the post-election violence are pondering quietly if indeed their votes will translate into a better social contract with the Government.

But even as they are optimistic that the proposed constitution is better than the old one, the women are afraid that questions as to why many of them are walking with scars from rape have not been answered.

“For those who died during the violence, we held a memorial service for them and they were buried. For those who are in the IDP camps, even though they lost their property some of them have been settled and the Government has been talking about them. For those who were injured, some were taken to the hospital. But for me who was raped nobody has even attempted to speak of my case. My pain is still raw like it happened yesterday,” laments Sofia.

Horrendous actions She thinks that being told to go and vote again is like reopening the wound that she has been nursing for almost two years. “Some of us do not need compensation, we just need the Government voice to acknowledge the horrendous actions that were done to us,” reiterates Sofia She adds: “If I tell you what I went through, you might wonder whether I should still be alive. I remember the event like yesterday, a group of young men came into the house and started raping me in front of my children. When I told them that my son who was 18 was watching, they chopped off his head. The pain is at times too much especially when I am always reminded of being HIV positive.”

Sofia’s fears are not isolated. Many women who suffered rape in the postelection violence are apprehensive of what will happen and they are looking up to the Government to assure them that the referendum will not be a repeat of what they went through.

“For some of us, our identification cards were burnt with our property. We are unable to get a voter’s card. The dif-

Muslim women joined others at the National Women’s Conference on the constitution that urged women to register in large numbers as voters. ficulties one goes through in order to get one are too stressful,” says Alexina.

According to organisations working with women, there are many factors that might make it difficult for women to participate in the referendum.

“The issue of violence being linked with any electoral process has to be addressed,” says Ms Deborah Okumu, Executive Director Caucus for Women’s Leadership. Okumu says violence meted against women during an electoral process started way back in 1992. “Kenya has perfected the art of having electoral refugees in the name of a voter’s card,” Okumu says.

The process of women getting IDs makes it more difficult. Women cannot get identification documents without producing an identification card of a male relative. This makes them vulnerable to exercise their right as voters.

Experienced violence “Many women have experienced violence by the mere fact that they hold a different opinion or might want to vote for a different candidate,” says Alexina.

Like many other Kenyans, women who participate in any election do so in the hope it will fulfil their basic needs as well as make their dreams and aspira-

tions a reality. Yet the process preceding an election is often the most critical in determining the outcomes.

The registration becomes a deciding factor on how many people will participate and what getting a voter’s card means to a woman whose life might be threatened by the mere fact that she holds one.

Such scenarios have implications on how women view their participation in an electoral process.

For the proposed constitution, even though the majority of women in Kenya are in agreement that it is better than the current one, there are already factors

that might make women fear participating fully. These include lack of a voter’s card, the fact that women are always victims of violence when dispute arises, lack of awareness on what the proposed constitution says and the fact that the process brings back memories of the 2007 post-elections violence.

Enshrining democracy Women of Kenya are, therefore, weighing many options of what the referendum will bring to them. If conducted peacefully, this exercise could restore the faith of many women in electoral process as means of enshrining democracy.

Ojiambo’s nostalgic journey on women’s empowerment Continued from page 6

the advancement of women by opening a worldwide dialogue on gender equality. Ojiambo says that from this era, a process was set in motion — the process of learning — that would involve deliberation, negotiation, setting objectives, identifying obstacles and reviewing the progress made.

The Mexico Conference was called for by the UN General Assembly to focus international attention on the need to develop future oriented goals, effective strategies and plans of action for the advancement of women. To this end, the assembly identified three key objectives that would become the basis for the work of the United Nations on behalf of women: They were full gender equality and the elimination of gender discrimination; the integration and full participation of women in development and an increased contribution by women in the strengthening of world peace It would not have been easy for Ojiambo were it not that the Kenyan government was wrong-footed when the gong for the Mexico meeting was sounded. “The government was illprepared for the conference,” she says, her face lighting up with the excitement and nostalgia of a battle-hardened gen-

eral who has won one battle too many, “I picked up the gauntlet and prepared for the conference.”

With no information or situational analysis to rely on, there was no short to Mexico for the Kenyan delegation. They visited most parts of country seeking information about the welfare of women.

“It is out of these tours that I prepared a situational analysis report that we used during the conference,” Ojiambo says.

She adds: “It was indeed a challenging prospect, but we achieved unprecedented success in a fairly short time. We were able to put up a report that defined our country and made our participation at the conference more bearable.”

She recalls that some of the women were alive to the fact that women from this part of the world were alive to the great divide between the developed and developing worlds. “We knew that our region was seriously disadvantaged and the needs of our women and those of their colleagues from the developed world were not in sync,” Ojiambo says.

“The most ubiquitous requirement we uncovered during our tour of the country was that women from developing nations required to firmly deal with issues of want before they clamoured for emancipation.”

The second UN conference in Denmark five years later was not dissimilar from the Mexico one. Apart from the substantive issues that were discussed, the delegates from the two worlds found themselves on cross purposes.

Essentially, the conference recognised that there was a disparity between women’s guaranteed rights and their capacity to exercise them. The conference further identified three spheres in which measures for equality, development and peace were needed: equal access to education; equal access to employment opportunities; equal access to adequate health care services.

“But the usual divide of the developed and developing world reared its

“Today you can argue that women led institutions are doing better and you can confidently talk about the strength and wisdom generated by women participation.”

ugly head again.” The resolution being made did not take into account the socioeconomic and political dynamics that most of delegates from the developing world came from,” she explains.

Ojiambo maintains that the conference was like a fist-fight when women from the developing world invited those from the developed to Africa to have a feel of the situation. This invitation would culminate with the 1985 conference in Nairobi.

Ojiambo explains: “We wanted them to see development in different context.

We wanted them to understand the situation on the continent. But it was not easy convincing them to bring the meeting to Nairobi.”

At first, it was not easy, Dr Ojiambo explains with some sense of pride. “We campaigned hard. But they argued that Africa had no homes. That the continent did not have the kind of venue to host the conference and besides it lacked the human capital to put up the level of conferencing that have been witnessed previously.”

But in the end they prevailed and the third UN conference on women was brought to Nairobi.

Much as Ojiambo agrees that great strides have been achieved in the struggle, she is, however, of the opinion that a

lot of ground needs to be covered sooner if the struggle has to have meaning.

“All the previous engagements towards empowering women have been successful. They were an eye opener and exposed the need for women’s total participation in the management of public affairs.”

These meetings opened the nation’s eyes for the need for equality between human beings. It was at these meetings that gender language was born, an indication of their importance. “Today you can argue that women led institutions are doing better and you can confidently talk about the strength and wisdom generated by women participation,” says the politician.

“There is a fantastic feeling because a lot has changed. Women have not just gone up the corporate ladder but even the women’s groups have transformed from pitiable sights of hand outs,” she says.

These remarkable strides notwithstanding, numerous challenges remain.

Ojiambo regrets that the level of advancement depends on attitude, religion, families and the usual political gerrymandering that creates an impression that women cannot rise to the occasion even when time and time again, they continue to prove that they have what it takes.

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Issue Number 05 t May 2010

Kenya puts laws to address GBV …By Jane Godia

V

iolence against women remains the biggest hindrance to women’s empowerment.

Violence often leaves women intimidated, frightened and with a loss of self confidence.

Violence against women has no boundaries and affects the rich with the same strength with which it affects the poor. The women living in rich estates are violated just in the same way that women in the slums face violence. The same case applies to women living in developed countries, they are no different from women living in the developing countries.

However, what emerges clearly is that in a situation where there is no violence, women are confident and more visible as they live in circumstances where they can clearly be empowered and reach levels of advancement that they dream of.

Gender based violence takes many forms and includes acts of physical battery and sexual abuse such as rape and defilement.

It also includes economic dispossession and deprivation of liberties and rights in private and public life as well as female genital mutilation.

Other forms include psychological and emotional abuse such as denial to conjugal rights.

In Kenya, the country has taken a few steps in addressing Gender Based Violence through legal instruments.

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

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

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

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

However, the biggest stumbling block remains culture, which is driven by patriarchy, the masculine nature of socialisation that perpetuates violence because it allows men to get away with anything.

Violence against women in Kenya has been perpetrated physically, psychologically, emotionally, through sexual harm and deprivation of liberties. Negative cultural practices such as FGM, rape of women and girls and polygamy have continued unabated. War rape and other forms of coercion and sexual abuse still plague countless women and girls caught in situations of armed and ethnic conflict.

This has forced women to succumb to unacceptable things as they continue to have low status in society, and through this violence against them remains high.

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

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

In Kenya, the 2007 post-election violence saw women subjected to unprecedented levels of sexual abuse even though the country has a Sexual Offences Act and is signatory to international treaties that make such acts war crimes and crimes against humanity.

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

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

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

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

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

To this effect, the Ministry has developed a National Policy on FGM which has received Cabinet approval and is going to be moved as a bill in Parliament.

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

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

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

Sheikh Ibrahim Lethome, an antiFGM crusader who preaches to Imams and other leaders has been quoted as saying: “FGM is harmful and it amounts to changing God’s creation which is unlawful in Islam. Muslims are required not to practice anything that is harmful as this would go against the objectives of Sharia.”

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

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

In the slums, it was discovered that GBV incidences are higher and stand at 78 percent as they are not reported. What emerged is that many families fear reporting as the perpetrators, who are the fathers, are also the breadwinners. The fear comes from the fact that once he is jailed, there will be no one to put food on the table. However, three family bills that would have protected women and children from violence were shot down in Parliament.

Working with men to end violence against women …By Jane Godia

T

o end Gender Based Violence (GBV), and specifically violence against women, many stakeholders have changed tact. Instead of only emphasising legal action, they are now talking directly to perpetrators. This is from the recognition that both perpetrators and victims of GBV are slaves of socialisation.

It has been realised that the only way to reduce or end violence against women is to involve key decision makers in communities, who are men. Men have been found to play an important role in overcoming violence towards their sexual partners and communities.

Hospitals have also come up that specifically address issues of GBV. Other than the Nairobi Women’s Hospital, the first hospital in Kenya to address issues of GBV, the Kenyatta National Hospital, the national referral hospital, started a Gender Based Violence Recovery Centre in 2008. The hospital treats an average of 40 cases of GBV and sexual violence per month. The cases are not restricted to women; there are a

number of men who are victims of violence and sexual abuse. Other regional government health institutions have also opened units to deal with GBV. In the slums where violence is felt most because of the way structures have been built, an organisation called Men for Gender (MEGEN), formed in 2001 is working with men to end gender based violence in the slums. According to MEGEN sexual violence like defilement, gang raping of women and men having multiple sexual partners is a stark reality.

Mr Kennedy Otina, a former programme coordinator, says: “Women in the slums suffer in silence and they do not know they can seek legal redress.”

MEGEN is a network of men and women activists, who engage in community education work, advocacy and campaigning to challenge unequal power relations between men and women, transform harmful masculinities into positive ones, and put an end to (GBV).

The organisation works by holding discussions with men on violence against women and how it can be stopped.

Speaking to Otina last year, he said it is not easy although they have been able to

Ms Anne Njogu make some headway. Most men in the slums have grown up knowing that it is okay to beat a wife.

“The progress is encouraging because some men agree to let us arbitrate before their wives,” he says.

However, families remain a stumbling block because they pressurise women who have sued their husbands for violence to withdraw the cases.

However, MEGEN uses several methods including getting men to put in writ-

ing that they will never beat their wives — agreements that have worked occasionally.

The Centre for Rights and Awareness Creation (CREAW) based in Nairobi has a programme that is working with fathers and sons in trying to end GBV. According to Ms Anne Njogu, chair of CREAW and former Chief Executive they are working with men because they are the ones who must create a safe environment for everyone. CREAW talks to the men to make them realise beating women will not make the problem go away.

“In this programme men learn that they are the ones responsible for the home and must make it conducive for everyone,” Njogu says the organisation does a lot of counselling to men found to be violent.

“They are made to understand the consequences of their actions and are put on anger management programmes that also help to deconstruct their masculinity,” he says.

It must be remembered that GBV has been in most cases treated as a moral issue and women have continued to suffer in silence.

Ms Millie Odhiambo In all the programmes working with men to end gender based violence, the success will only come from the basis of them being treated as change agents.

Men have a role to play in overcoming violence.

According to a Nominated MP from Kenya, Ms Millie Odhiambo, there has to be a paradigm shift and change of attitude. Odhiambo, who is also a crusader for women’s and human rights, says: “Even as we sit on the negotiating table, we must mete out punishment at the same time.”

9

Issue Number 05 t May 2010

No end in sight to gender based violence …By Jane Godia

I

n 1995, when the Beijing Declaration and Platform for Action were released, Gender Based Violence emerged as one of the main issues that governments needed to tackle.

Fifteen years later, facts emerging indicate that despite gains to women’s empowerment, violence against women has become a political priority as reflected in more comprehensive legal, policy and institutional frameworks.

However, there has been a rise in reported cases since 2005 with certain groups of women such as indigenous, young and rural women most severely affected.

According to a report presented by the United Nations Secretary General at the 54th Session of the Commission on the Status of Women to the Economic and Social Council, in which 15 years after Beijing was reviewed, states have taken measures to prevent and address violence against women.

A review of these measures reveals: • Strengthened and more comprehensive legal policy, and institutional frameworks; • Increased availability and quality of services for victims/survivors of violence • Engagement with multiple stakeholders to prevent violence against women; • Improvement in data collection and analysis.

However, it’s recognised that no woman can be empowered if she faces violence of any form. Legislation, therefore, is needed to provide the foundation for a holistic and effective response to violence against women.

In order to end violence against women, states must not only punish perpetrators, but they must also take measures to prevent such violence. Engaging stakeholders is necessary to change societal attitudes that condone violence against women and perpetuate inequality.

An increasing range of stakeholders including the media, private sector, civil society, religious and community leaders, young people as well as celebrities are becoming involved in initiatives to end violence against women.

There is growing evidence of clear political will and commitment at the highest levels of governments to address this issue, with increasing numbers of heads of State providing leadership through public statements and issuance of decrees condemning various forms of violence including “honour” crimes, trafficking and female genital mutilation.

However, such efforts have not been comprehensive, consistent or sustained, and there continues to be insufficient coordination among relevant sectors.

One of the largest persisting barriers to addressing violence against women remains scarcity of resources for the implementation of existing measures.

The persistence of attitudes and behaviours that perpetuate negative stereotypes, gender inequality and violence against women in all parts of the world is a significant challenge to preventing and eliminating violence against women.

These attitudes are often due to lack of awareness and education, particularly in rural and slum areas, and often result in the stigmatisation of victims/survivors, including their families.

The Secretary General’s report was a request from the Economic and Social Council to his office to submit to the Commission on an annual basis, a report on mainstreaming a gender perspective in the development, implementation and evaluation of national policies and programmes, with a particular focus on priority themes.

Women in Kibera slums handed financial power

Fatuma Hamisi, 80, is a beneficiary of the Social welfare programme that is giving a stipend to the elderly through the Ministry of Gender. …By Odhiambo Orlale

W

hen one is financially stable they feel strong and happy but when one does not have money, they feel helpless and desperate. This is because money is power and a key to opening so many doors.

For women the situation is particularly bad when they lack financial independence for they end up suffering and going through all kinds of suffering just to be able to put food on the table. It gets worse for women who have children and particularly single mothers who include widows.

This has been the case of Fatuma Hamisi who for the past decade has not had any reason to smile. The harsh economic and social pressures have had an adverse effect on her.

The 80-year-old widow who lives in Makina, a section of the expansive Kibera slums in Nairobi, has had one tragedy after another ever since her husband died 10 years ago.

Hamisi is a fighter and, thanks to her father’s strong influence, she is a believer in getting things done no matter what the cost.

An earth road leads to her residence, a two-roomed house with corrugated tin roof and mud walls, and whenever it rains even four-wheeled vehicles have a rough time accessing the area.

The squalid building she calls home is in the densely populated slum, estimated to accommodate over almost one million people on a valley sandwiched between Ngong and Lang’ata roads.

Kibera is said to be the largest slum in Africa south of the Sahara.

Despite the myriad problems that have trailed her, Hamisi has neither looked back nor has she given up. Instead she has strived to make something worthwhile of herself and her children.

Not ignorant of the high value of education, she has ensured that all her seven children and six grandchildren have had formal education.

“I have made sure all my children and grandchildren have education because it is what can get them out of poverty,” she says.

The octogenarian has been engaged in small-scale business cooking mandazi (buns) and chapatti (bread) to sell to those passing by her three-roomed shack.

So it was with happiness that she received the best New Year’s news when she was told by the area chief to take a walk to the District Commissioner’s office, about two kilometres from her house, to receive money from the Government.

Hamisi is among thousands of men and women who are, for the first time set to receive public funds in a Government social welfare programme.

According to a report released recently, the elderly in both urban and rural areas are living in abject poverty.

The pilot project will have the elderly given a monthly stipend of Sh1,500 by the Kenya Government to address their plight.

Says Hamisi: “Since the day the chief told me that I was on the list of elderly men and women who would be paid Sh1,500 every month as a stipend to cater for our needs I have never been happier.”

She is among over 500 men and women who have heeded to the Government call for people aged over 65 years to register at the local chief’s office to enable them benefit from the funds disbursed by the Ministry of Gender and Social Development.

Happy with the money, Hamisi says: “I intend to use the funds to boost my small scale business among other personal needs.”

Many of the welfare’s beneficiaries cannot contain their happiness. No matter the amount, they know it is making a difference to their lives. At 90, Kela Hamisi a recipient of the funds knows that the funds are meagre but they have had a big impact on her life.

Kela, also a widow has been dependent on her only child for support following the death of the other one over five years ago.

She sees the welfare funds as a good project. Says Kela: “I would like to thank the Government for the gesture and at the same time make a passionate appeal to the Government to increase the amount it is paying because we have many needs to be catered for.”

However, not everyone who applied or registered has received their dues.

Many are complaining that they have been left out. When contacted, the area

assistant chief, Mr Peter Omolo said he was aware that not all applicants who had registered in his office for the welfare programme had received their stipends.

“There has been a delay caused by bureaucracy,” Omolo said, adding, “Some of the applicants have not received their stipend because they are using unacceptable identification papers”.

However, an optimistic Omolo appealed to all the applicants who had not received the monies to be patient as the six-month-old pilot scheme was being streamlined.

Kela Hamisi, 90, is happy that the social welfare funds have had a big impact on her life.

10

Issue Number 05 t May 2010

Health concerns in the Constitution …By Dr Josephine Ojiambo

T

he issue of abortion has always been emotive the world over, and is certainly topical in Kenya today. However, for those with the mandate to enact laws, develop responsive policy to inspire the people’s conscience and lead the masses, emotional dialogue is not an adequate pedestal.

Kenya’s leadership is called upon today, more than ever before, to provide reliable, evidence based policy on which our national values can be moulded into a future of peace, security, harmony and prosperity.

So let us focus on some facts about reproductive health and abortion.

Maternal deaths in Kenya today kill between 500-750 women in every 100,000 live births. This figure is alarmingly high and is not showing signs of reduction despite national efforts to improve health care for all through the Millennium Development Goals (MDGs) and for Vision 2030.

Abortion accounts for 35 percent of maternal deaths in Kenya. More facts reveal that all (that is 100 percent) of practicing gynaecologists receive requests for abortion, and out of these 86 percent of these requests are from married women.

About 78 percent of these doctors say the current legislation on abortion is too restrictive. Most say abortion services should be available on demand.

Over 75 percent of these doctors admit to inducing abortion on request. Figures reveal that women choose to end about 25 percent of their pregnancies through abortion. Additionally our data show that spontaneous abortions occur in 30 percent of all pregnancies.

According to government estimates, more than 860 women procured unsafe abortions yesterday, and a similar number will procure one today, and again tomorrow. In short: 316,560 unsafe abortions are procured every year and of these, 20,000 end up in hospital beds, while 2,600 die in agonising circumstances. This costs our health system an estimated KSh18 million in direct health services each year, but several hundred more shillings in the loss of productivity to families and the nation at large.

In Ghana abortion is lawful, if the pregnancy is as a result of rape, defilement or incest. It is also allowed if continued pregnancy would put the woman at risk or where the child would be born with an abnormality. The same applies in Ethiopia and Zambia. South Africa is a good example of a country where due to the liberalisation of the abortion law, even midwives are allowed to offer services on demand, especially if the pregnancies are 12 weeks or less old. As a result, government records show that the country has reduced maternal deaths due to unsafe abortion to 91 percent since 1997, when the law was passed.

The legal and policy framework in Kenya The Maputo Protocol on Human and People’s Rights in Africa guarantees comprehensive rights to women including the right to control their reproductive health, social and political equality with men and an end to female genital mutilation. This protocol signed in 2003 by 45 member states is yet to be ratified by Kenya.

Kenya is signatory to the Programme of action of the International Conference on Population and Development (ICPD) of 1994, and the MDGs approved by the World Summit on Sustainable Development in September 2000. Our National Reproductive Health Policy outlines priority actions for improving maternal health, improving neonatal and child mortality, reducing HIV/Aids and achieving women’s empowerment and gender equality. Respect for sexual and reproductive health rights within the law should make a positive impact to the reduction of infant and maternal mortality and HIV incidence. However, these rights are yet to be fully achieved.

The National Health Sector Strategic Plan of 2005-2010 requires a collaborative and multi-sector approach to Reproductive Health, in order to rapidly improve maternal and neonatal health.

About the mortality of, and access to, abortion There are two main questions concerning abortion; 1. Whether a decision to have an abortion is moral for an individual woman, given her specific situation.

This might include consideration of her religious belief, age, marital status, health, economic status, available support system and genetic make-up among various reasons.

If, after a woman has consulted with her physician and perhaps her spiritual advisor and has decided to seek an abortion, the next question is whether the government should overrule her decision.

The first question is a very personal decision, while the second question generates intense levels of debate and occasional violence, reflected in our

A woman expresses herself during the ‘No’ rally held by those opposed to the Draft Constitution at Uhuru Park, Nairobi recently. settings today.

There are two main answers to the question of abortion access. They can be grouped into two basic positions; Those promoting a pro-life or an anti-abortion position say that government should overrule a woman’s decision to have an abortion, and in many cases require her to continue to child birth. Most pro-lifers base their stance on the belief that human life in the form of an ovum or sperm becomes a human person during the process of conception. Thus the human pre-embryo, embryo, foetus are all persons entitled to fundamental human rights including the most basic; the right to life. The lives of two humans are being considered here; that of the woman, and that of the life of the pre-embryo, embryo and foetus.

Those promoting a pro-choice position say that the government should not interfere with the woman’s decision or should do so only under very rare circumstances. She should be able to have an abortion in many, most or all cases. Most pro-choicers base their stance on the belief that human life becomes a human person at some time after conception. Perhaps this life can be detected on a pregnancy test, when the embryo’s heart starts beating, or when the foetus first looks human, or when it has half emerged from its mother’s body, or is born, or is severed from its mother, and is functioning independently. They feel that a woman should not be forced to go through pregnancy and childbirth if she does not choose to do so.

She should be allowed to have an abortion, if it is done before her embryo or foetus attains personhood.

It is important to realise that both the pro-life, anti-abortion and pro-choice positions cover a range of individual beliefs and advocacy. There is no single pro-life/anti-abortion position and no single prochoice position.

Three key terms that are important to define; Human life: “Any living cell or collections of living cells that contains DNA from the species ‘Homo sapiens’. This includes an ovum, a sperm, an embryo, foetus, child, and youth, adult, and elder. It also in-

cludes a cancer cell, a hair follicle or a recent skin scraping. Some forms of human life, for example an individual ovum or sperm are rarely considered to be of value except by couples having difficulty conceiving. Other forms of life are priceless. A newborn, infant or adult is priceless and medical professionals will go to great lengths to preserve these.

Human person: This is a human life that is granted civil rights including the right to live. People have different opinions about the point at which human life becomes a person. There is a societal consensus that a newborn is a human person. However, people disagree about whether a zygote, embryo, or foetus is a human person. This is the main point of disagreement that causes conflict over abortion access.

Start of pregnancy: Pro-lifers typically define pregnancy as starting at conception. Pro-choicers and the medical profession usually define it as starting when the zygote is full implanted in the uterine wall.

Abortion: For our discussion, today, it is defined as “the purposeful termination with intention other than to produce a live born infant or to remove a dead foetus.” This is one of the many conflicting definitions in use.

It is more important to realise that when one group defines something differently from another group, this doesn’t make one group clueless or ignorant. It just means they are using two differing definitions.

Most discussions on abortion fail to pre-define the terms of the debate. This is important to note because many conservative Christians and pro-lifers often assign unique meanings to common words and terms that are not shared by other groups.

rying, and all the other people involved including her boyfriend or husband and their families?

To take no action, have the baby and raise it herself (hopefully with support from others).

To take no action, give birth and give the baby up for adoption.

To have an abortion and terminate the pregnancy.

Is Abortion an Unsolvable Dilemma? What is the question?

Many but not all pro-lifers and pro-choicers believe that once human personhood starts, that is when human life becomes a person, the person’s life must be protected. Many religious organisations and individuals have passionately held conflicting beliefs about when this happens. This naturally has led to opposing beliefs about when and under what conditions the State should intervene and deny a woman access to abortion.

To many pro-lifers, human personhood begins at the instant of conception. Thus, they view abortion as a form of murder. They often support this agreement with a statement that “at conception, a human life with its own unique DNA comes into being”. They state that the first duty of the law is to prevent the shedding of innocent blood. It is, therefore, in their view, the duty of all civil governments to secure and safeguard the lives of the pre-born. Many pro-lifers consider an abortion clinic as the ethical equivalent of a Nazi Death Camp.

To many pro-choicers, human personhood begins later in gestation, or at birth. They note that a pre- embryo — a just fertilised ovum consists of a simple grouping of undifferentiated cells. The preembryo has no human shape, skin, brain, it cannot sense the environment, it is not conscious.

There are really two, different, very controversial abortion questions; What is the best (or least awful) option in a specific situation?

If a woman finds herself pregnant, and does not want to be, what is the best ( least awful) solution for her, the potential newborn that she is car-

Points at gestation Before about 26 weeks gestation; the point at which higher functions of the foetus brain are first activated and the foetus is able to sense its surroundings. t Or at quickening when the woman first feels the foetus move. t Or when it begins to look human. t Or when it loses its tail or gill slits. t Or when its heart begins to beat. t Or when the pre-embryo becomes attached to the inner lining of the woman’s uterus. t Unfortunately, very few of us have actually addressed these questions. t Some would only allow legal abortion in one or more of the following situations. t If an abortion is needed to save the life of a woman. t Or to prevent the woman from experiencing permanent disability. t Or to prevent the woman from having serious health problems. t Or when the foetus is so malformed that it will only live a matter of hours after birth. t Or when the foetus has a chromosomal abnormality e.g. those that cause Down’s syndrome. t Or where the pregnancy was the result of rape or incest.

Should the State overrule the woman’s or couple’s decision?

If a woman finds herself pregnant, discusses her options with her physician, perhaps her spiritual counsellor and other people involved and decides to have an abortion, under what conditions (if any) should the State overrule her decision? That is, should the State have a policy of enforced parenthood for all or most pregnant women?

The first decision is a personal one between the woman, her physician, her conscious/ spiritual counsellor or simply a conversation that she has with her conscience.

In the current constitution, this second discussion allows the woman the right to obtain an early abortion upon the review and consultation of two physicians. She also has the right to have a later abortion, if it is needed for health reasons.

It is in this area of abortion access that there is a great deal of political activity in Kenya today. We are hearing voices say that ‘we should criminalise almost all abortions’. Their apparent motivation is to enforce parenthood in all circumstances.

Opposing beliefs about when human personhood starts.

Continued on page 11

11

Issue Number 05 t May 2010

Truth commission looms large …By Ibrahim Oruko

E

ven as the Truth Justice and Reconciliation Commission (TJRC) relapsed further into the furore of disagreements occasioned by the controversy surrounding the suitability of Bethuel Kiplagat to sit in the Commission, a group of women leaders have opposed suggestions by the Justice minister Mutula Kilonzo for the disbandment of the entire Commission.

Kilonzo wanted the Commission disbanded on the grounds that its mandate is too important to be withdrawn or delayed any longer.

The women, drawn from Community Based Organisations across Nairobi, called on the Minister to seek other ways of ending the stalemate without disbanding the Commission. At the same time they appealed to the Commissioners to put their act together, empathise with the protracted suffering of millions of victims, and embark on the gigantic task ahead of them urgently.

Running out of time “We are running out of time and the Commission must start its work without any further delay. We beseech them in the interest of the victims of the heinous crimes to see sense and stop this bickering,” pleaded Ms Alexina Mudi of the Western Welfare Group based in Kawangware, Nairobi, at national reform sensitisation forum held at the Lenana Mount Hotel.

Mudi, who was a victim of the 2008 post election violence says: “It is all about the pain of the victims, most of them women.”

“The Commissioners at the TJRC must listen to the cries of the women, the children and other vulnerable groups who are looking out to them for hope after many years of suffering.”

Mudi added: “As women, we bore the brunt of the post election violence.

Historically, injustices committed against women are monumental and this TJRC is the only viable process to bridge the historical gap over these issues.”

The Commission was formed to probe historical injustices from 1963 to

February 2008 and make recommendations including prosecutions, amnesty and reparations to victims.

Apart from TJRC, other things discussed in the forum that brought together 30 women leaders from Nairobi was the role of the constitutional review process as well as national cohesion and integration.

The most important concern to the women was the timeline in which the TJRC is expected to carry out its mandate.

Under the TJRC Act, the Commission has up to two years to complete its legal mandate, with a possible extension of six months. The Commission was established in August 2009. It was expected to have started its work in November, but to this date, they have yet to start their work.

Technically, two years remain, a period many consider too short to complete the gigantic task ahead.

Addressing the forum, Ms Rosemary Okello, the Executive Director of the African Woman and Child Features Service (AWCFS) called on the women to come out in their numbers and make use of the TJRC as a transitional tool. “We must speak out as women. We must make our voices heard because no one understands better the pain of the struggle and now is our time to be heard,” she explained.

Explaining the importance of reforms in national development, Okello moaned that voices from women in marginalised areas were less overt in public discourse, promised to reach out to all such and help in promoting their voices.

Useful lessons Giving the examples of Rwanda and its Gacaca justice system (traditional courts), Okello pointed out the system was worth studying and pleaded with the government to consider developing a similar mechanism if the TJRC has to succeed.

“There are significant and indeed useful lessons to be learnt from the Rwandese. The TJRC can save a lot of time if it initiates similar community courts where women’s voices can be heard,” she said, hinting that the current TJRC process may be a little complex for many marginalised voices.

Armed with machetes and stones, Kenyans in the post election violence turned against each other.

The Truth Justice and Reconciliation Commission was established to look into what could have sparked the violence.

“There are too many suffering souls,” Ms Marete Selvin of GN broadcasting said, while appealing to the Commissioners to see the need for harmony. “The country is in serious need of reconciliation and it is unfair that commissioners should continue wasting time with this infighting,” she said, pointing out that the problem was more of an attitude than anything else.

Marete explained: “Kenyans must seek divine intervention. We must soul search. We must ask ourselves and see whatever we do is in tandem with what we can call our national values. We need to change; sooner or else we miss out in these reforms.”

Unfortunately, she argued that time may not be on the side of the TJRC which still remains grounded. The clock is ticking away towards the August 2011 deadline for it to complete its work.

TJRC task TJRC faces a herculean task to inquire into human rights violations, grand corruption, massacres and all other injustices between December 12, 1963, and February 28, 2008, and there is justifiable fear that the commission may be time barred.

She further pointed that much as the functions of the TJRC are crucial in national development, the composition

was less inclusive and the behaviour of the commissioners ever since their appointment left little doubt that this all important process was elitist and had little regard to the marginalised and vulnerable groups.

Issues of marginalisation, land, imbalance in national development and impunity were identified as those that require agent attention from the TJRC. But there were doubts on whether the TJRC could act as solution to most of these historical ills because of its composition. Similarly the meeting deliberated on whether the country could heal and reconcile with its past even with the ongoing constitutional review process.

Abortion and right to life takes centre stage Continued from page 10

The pro-life and pro-choice movement Pro-lifers feel that access to abortion should be restricted to special cases or prohibited completely.

Many are motivated by a belief that human personhood begins at conception. Thus, an abortion murders a baby. In some countries, the pro-life movement lost its funding after groups started to harass abortion providers. Pro-choicers believe that each woman should be relatively free to follow their own ethical beliefs concerning the termination or continuation of a pregnancy. Many recognise that there is a diversity of beliefs about abortion access, and that the State should not attempt to enforce a common belief system on all pregnant women.

Many pro-choicers believe that human personhood begins later in pregnancy.

Both groups would like to see a reduction in the number of abortions performed.

Many pro-lifers support services for women in crisis pregnancies and/or seek legal restrictions to abortion access.

Many pro-choicers promote better comprehensive birth control education in schools and greater access to contraceptives.

These groups find it difficult to cooperate. They expend emotions and energy fighting each other. If they were able to collaborate, major reductions in abortions rates would be achieved in Kenya, and significant reductions in maternal mortality would be achieved.

Within each movement there is a range of beliefs concerning restrictions on abortions. In spite of what is common knowledge, there are not just two conflicting positions on abortion ac-

cess — pro-life and pro-choice. A spectrum of beliefs exists.

A minority of the general public believes that a woman should be free to terminate her pregnancy at any stage and for any reason she seeks to be valid.

(Data extrapolated from countries that have gone through our current discourse indicates that this may be approximately 20 percent of our public today).

Some feel that she should be able to choose to terminate the life of the pre-embryo, embryo or foetus for any reason up to a certain point in gestation, but not afterwards.

Only a small minority believe that all abortions should be banned even if needed to save a mother’s life. (According to polls this is the position of 12 percent of our public).

Another truth is that the “morning after pill” has changed much of the abortion debate in Kenya today.

Today, access to this pill means that women can prevent conception without leaving their homes.

However, the Emergency Contraceptive Pill is a both a very effective form of contraception as well as being a very harmful drug if abused.

It is, therefore, naïve to say that there is unity of belief within the pro-choice and pro-life movements.

sions for subsidiary legislation under section 26 of the draft constitution.

The status in Kenya today

Strategies for the next steps

The constitutional provision in the draft governing abortion is so broadly worded that a court of law would easily suspend it shortly after it has been passed into law. It is sufficiently vague, perhaps for expedience, that physicians are unable to determine whether their specific actions are allowed or prohibited.

The truth is that even if the law could survive court challenge, women will be deflected to poor quality clinics, or other neighbouring countries like Ethiopia to procure abortions. In other countries, many laws that promote the safety of abortions have no law regulating access to abortion. In some countries, many laws that promote the safety of abortion have no law regulating access to abortion.

However, in Kenya, medical associations have regulations that limit how late in pregnancy an abortion can be performed. This provision for the associations, given by the Medical Practitioners and Dentists’ Act can be called upon by the provi-

Human person: This is a human life that is granted civil rights including the right to live. People have different opinions about the point at which human life becomes a person. There is a societal consensus that a newborn is a human person. However, people disagree about whether a zygote, embryo, or foetus is a human person. This is the main point of disagreement that causes conflict over abortion access.

Given the lack of clarity in the wording in the draft on the matter of access to abortion and further given the wide dearth of opinion on the legality of access to abortion, some legislators now seek to remove the constitutional reference to abortion in the draft constitution. This will not be prudent, as the draft provides legal provisions for abortion within subsidiary legislation, anyway. The debate and drafting of subsidiary laws will provide for thorough sober discussion of access to service at a level that makes reference to the views key stakeholders, including the religious leaders and the medical fraternity. In any case, the amendment of the draft to remove the clause on abortion will only further incense the sceptics, as they will see it as an easy way out of facing consultations.

At the current time, due to emotive nature of the discussion, it is best not to marginalise any further the religious or medical groups in this debate, but to re-establish consultations on the matter. Beyond this phase of legislative drafting, religious leaders and doctors will still continue to interact with and influence the opinions of women, men and families.

It is only wise to accommodate consultation and not build up a hostile confrontation in the face of a national referendum on the draft. Through consultation, we may find that there are no hard and fast positions on either side, or among any of the varied positions on the debate. This is Kenya’s constitutional moment. Let us move ahead with the goodwill we have so far: being careful to retain it and cause it to multiply, in order to safeguard the gains we have made for Kenyan women, men and families at large.

12

Issue Number 05 t May 2010

Prayers for national unity

…By Ibrahim Oruko

T

here are calls to have February 28 marked as a national prayer day. This follows events of December 2007, when Kenya was a divided country with neighbour turning against neighbour and husband turning against wife over disputed political elections.

The violence left more than 1,300 people dead, thousands of women raped and more 600,000 — mainly women and children — displaced from their homes.

To bring sanity to the nation, a national peace accord was signed by warring factions that included Party of National Unity (PNU) and Orange Democratic Movement (ODM). This was on February 28, 2008.

The signing of the National Peace Accord, brokered by former UN Secretary General, Mr Kofi Annan and his panel of eminent African personalities, followed protracted violence and numerous incidents of crimes against humanity including rape.

According to police crime records, 876 cases of rape and 1,984 of defilement were reported between December 27, 2007 and February 28, 2008. The Nairobi Women’s Hospital gender vio-

lence recovery centre treated 443 survivors of sexual and gender-based violence, 80 per cent of which were rape or defilement cases. Between January and March 2008, the hospital and its partner health institutions received at least 900 cases of sexual violence. A large number of rapes and other forms of sexual violence were reported in Rift Valley and Nairobi. The number of reported incidents in Western, Nyanza, Central and Coast provinces is lower.

In commemorating the day, the National Cohesion and Integration Commission (NCIC) is now calling for the day to be marked as the National Thanksgiving and Cohesion Day. The proposal was put forward by the NCIC which wants the day commemorated every year if it is adopted by the Government.

The chairman of the Commission, Dr Mzalendo Kibunjia reminded Kenyans of the commitment to a vision of a cohesive country. He stressed: “There is need for tolerance, understanding, solidarity and social cohesion as these are key to the foundation for building cultures of peace.”

Kibunjia’s sentiments are supported

by Commissioner Halake Waqo who said the day should be commemorated as it was a symbol of hope.

Businesses were set ablaze in the post-election violence as Kenyans disagreed over elections results and property worth millions of shillings destroyed.

Operating under the theme “our future,” the Commission would like Kenyans to make the day memorable by celebrating with their neighbours and friends irrespective of their ethnicity and race.

Kibunja reiterated: “Kenyans must live in peace and work together from the understanding of one nation, one people and develop a common understanding that the country needs to advance peace, security, cohesion and integration agenda.”

The Commission’s call for a prayer day hopes to heal deep physical and emotional wounds incurred as a result of political affiliations. Family units were broken down and it is hoped that through these efforts Kenyans will be free to live in any part of the country and inter-tribal marriages will flourish.

It cannot be forgotten that children born out of rape have already marked their first birthday. They will soon mark their second birthday, and not in a long while will be asking their mothers the whereabouts of their fathers.

It must be remembered that some women were infected with HIV and

other sexually transmitted infections while others lost their husbands through divorce or killings from death squads.

No matter how much Kenyans pray, the victims cannot forget the violence but the prayer is that they will be able to forgive the perpetrators.

A report produced by the Agency for Cooperation and Research in Development (Acord) from court records in Kisumu and Nakuru, shows that survivors of sexual violence made attempts to have the perpetrators prosecuted.

However, in a report titled “A case for Protection and Restitution for Survivors: Sexual and Gender Based Violence in Kenya”, Accord brings out voices of the many invisible survivors who suffered during this crisis.

Many of those who were raped during the post-election violence made no immediate reports to authorities or even to hospitals and they only went there for treatment of ailments related to the violence they had suffered.

Speaking to Kenyans on the second anniversary of the Peace Accord President Kibaki and Prime Minister

Raila Odinga all supported the call for healing President Kibaki described the signing of the Accord as an “incredible decision” which was badly needed by the country at the time.

Raila said the killings and mayhem witnessed after the election dispute should never be allowed in the country again.

Kibaki said: “I am sure that if we remain united the country will indeed be prosperous. This is what we want for the country. Let us all seek what is great for Kenya and achieve it.”

On the other hand, Raila said there was no way the country would ‘have plenty within its borders’ unless Kenyans remained united and peaceful.

“We can achieve a lot when we are united. We should learn to shun our tribal affiliations and regard ourselves as one,” he reiterated.

The NCIC has called on Kenyans to develop a common understanding on the gains and deficits in the realisation of the cohesion and integration.

Deliberations on whether February 28 should be a public holiday are still underway.

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

Contributors:

Joyce Chimbi, Liz Nyangi, Aggrey Buchunju, Odhiambo Orlale, Saida Aroma, Bendaro Tsuma, Florence Sipalla, Ibrahim Oruko, Josephine Odhiambo

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