Kenyan Woman Issue 6

1

Issue Number 06 • June 2010

Issue Number 06 • June 2010

EDITORIAL

Grasping the essence of the referendum or the second time in the history of this country, Kenyans will once again go to the referendum, which is a direct vote on an issue of public policy.

In this case, it is to approve or disapprove the proposed Constitution, which ceased to be a Draft after its final publication by the Attorney General on May 6, 2010.

The publication of the proposed document has set in motion a series of events, first, by paving way for the launch of the civic education on the proposed law. It is only democratic that Kenyans vote from a point of knowledge if the referendum is to be won or lost in popular vote.

It has also led to the formulation of the question on what basis Kenyans will vote or reject the document using referendum symbols.

The conduct of the referendum is guided by the Review Act as well as Section 47 (A) of the current Constitution.

Although the significance of the referendum process cannot be overemphasised, it still remains to be seen whether the essence of the exercise is clearly understood by most Kenyans. The aspect of the referendum taking a win-lose situation has further made it difficult for many to appreciate the magnitude of the process.

For many, it is the ‘No’ versus the ‘Yes’, with an intention of winning for either side. It must be recalled that in the November 2005 referendum, it was a clear case of a section of Kenyans that supported the document against those who did not. It was, therefore, not a win for Kenya.

This is the acrimony that makes even the current referendum highly emotive as it has raised the political temperatures around the Constitutional discourse.

However, the process need not bear such destructive emotions, it is a process by Kenyans and for Kenyans and Continued on page 2 for these reasons, not only should it be taken with the seriousness it deserves but whatever side of the campaign that people chose to be identified by, it must not to divide the country.

Having said that, this is the opportune moment for the traditionally marginalised groups to stand up and make the process felt. It is a critical forum for women and youths to be at the forefront, to be proactive and avail themselves to drive the process.

This they can do by not only taking time to register but also present themselves on the actual day of voting, after acquainting themselves with the contents of the proposed Constitution.

F

A young woman reading the proposed constitution. This will help her in making an informed decision come the referendum.

Homestretch Constitutional review process now on the last leg that is a do or die

…By Joyce Chimbi he fourth and final stage of the Constitutional review process will be on August 4. On this day it is expected that an estimated 12 million Kenyans will vote for or against the proposed Constitution.

It has been many years of demonstrations, meetings and initiatives towards having a new Constitution. The document currently in place was made in Lancaster, Britain at independence.

Since then, the country has grown and the then nine million Kenyans have multiplied to an estimated 40 million.

The feeling is that Kenyans have outgrown the Lancaster document.

T

Voter registration Although the voter registration process officially ended on May 5, it was extended to May 9, where it netted an estimated 12.3 million potential voters.

The electronic voter registration still ongoing in a number of constituencies and this figure is expected to increase.

Lang’ata is one of the constituencies where electronic voter registration is on-

going. However, the women in Kibera, which falls under Lang’ata, have faced various trying challenges during this process of voter registration.

“But the residents are not coming out in large numbers, the requirements are tedious and frustrating,” explains Ruth Anyango, a resident. She adds: “The Interim Independent Electoral Commission (IIEC) officials are asking for documents that we do not have.”

Frustrations Her sentiments are not unique, they speak for many residents in the region who say that in the 2007 post election violence chaos, they lost all documents and have had to apply for them anew.

“Some lost crucial documents such as identity cards so when you go to register and are asked for the document you end up going home unregistered,” interjects Jackie Momanyi.

Asked why they have not replaced the documents, many of them claim that they dedicated the time after the violence ended to rebuilding their lives. It only came to their attention that they need this crucial document when the voter registration exercise was announced.

Asked why they have not replaced the documents, many of them claim that they dedicated the time after the violence ended to rebuilding their lives.

It only came to their attention that they need this crucial document when the voter registration exercise was announced.

One can only register as a voter if they have an ID card or a valid passport.

For others, the cases are even more complicated “Some of us are raising orphans, we do not have their parents’ documents, what are we to do yet they are 18, they need to get an ID and are potential voters,” expounds Ms Jane Anyango.

“My niece went through a very frustrating process, she is 18, an orphan and we had been asked to produce her parents’ death certificates which we did not have,” explains Anyango. “The registration clerks in Kibera were adamant but when she went to Kariokor her case was solved.”

Others still, have equally unfortunate accounts of the process they have been through in their quest to be part of the referendum process.

“There are those of us who did not conduct burial ceremonies for our husbands who died in the 2007 violence yet our children are being asked to produce his/her father’s death certificate. Where are we supposed to go for help to get such a document?” poses Anyango.

Continued on page 2

2

Issue Number 06 • June 2010

Justice may be delayed for women Victims of rape may wait longer before their cases are heard

…By Duncan Mboyah he International Criminal Court (ICC) chief Prosecutor Mr Louis Moreno Ocampo was in the country recently.

Ocampo held talks with victims of the 2007 post election violence and heard first hand harrowing tales from those who were chased away from their homes, those who lost their loved ones, suffered injuries or lost property.

It cannot be forgotten that women were the greatest victims of this violence where many were raped, in most instances in front of their families and by gangs. Others were beaten. There are also those who watched as their spouses were hacked to death. And many more were evicted from their homes, while others lost families by virtue of being from a different ethnic group.

For most of these women, justice may be long in coming their way. Those who committed crimes against them will not be in the group that will be going to The Hague. Those who will be at The Hague will be the masterminds of the violence.

However the perpetrators will have to be dealt with here in the country.

This was revealed by Ocampo when he decried the slow pace in developing mechanisms that would help try other suspects such as those who were involved in sexual violence among other crimes against humanity.

“Many women were raped, a crime that left them either pregnant or infected with HIV. It is the responsibility of the Government to accord these people urgent attention,” said Ocampo.

He expressed concern at the plight of those infected by HIV and were living without access to counselling and treatment.

“I am deeply concerned with the chilling cases of women who were raped and infected with HIV during the violence,” Ocampo told the Cabinet sub-committee on The Hague.

T

“I met the victims and listened to them. I understood their views and concerns. We will investigate the crimes, protect the victims and respect the rights of the suspects.”

— Louis Moreno Ocampo

He asked the civil society organisations to push Parliament to establish a local tribunal to hasten justice in cases that do not qualify to be taken to The Hague.

He candidly discussed with the civil society issues that included protection of witnesses, political interference in the cases and safety of human rights defenders.

For Ocampo, this one-on-one experience with Kenyans who suffered in the post election violence was a learning experience. However, many of them told him they want to see perpetrators of violence tried at The Hague.

The Prosecutor attended an open forum at the National Museums of Kenya in Nairobi that focused on justice and reconciliation. He also answered questions besides explaining the ICC process.

In a mock vote, majority at the public hearing told Ocampo they would rather the prosecution was held at The Hague.

This was a move that forced the ICC Prosecutor who had earlier hinted at the Arusha courts to accept their preference.

“This decision suggests that the people of Kenya want real action to be taken against the people who plotted the violence that killed more than 1,300 people,” he said.

Ocampo, has at the same time offered to talk to people who suspect that their names could be in Waki’s list.

He observed that the whole international community is with Kenyans. He reiterated that it is the duty of all citizens to unite in using the law and justice as a basis for their common future.

He further noted that the common goal is to ensure there is no repeat of violence during the coming 2012 General Elections.

He assured suspects that he will be impartial in his dealing with them adding that the investigations will not target one particular community.

“We shall not be suspect driven but crime driven during our investigations,” Ocampo said.

“I met the victims and listened to them. I understood their views and concerns. We will investigate the crimes, protect the victims and respect the rights of the suspects,” said Ocampo.

He reiterated that the ICC will follow the evidence and those found guilty and most responsible for the post election violence will be prosecuted.

During the five day visit, the Prosecutor met with all segments of Kenyan society, notably the civil society both from within and outside Nairobi, especially those from the regions that were greatly affected by the violence, women’s groups, business community, religious leaders and media which included community, local and regional radio stations.

He also visited Mathare and Kibera slums that were badly hit during the post election violence. However, he was unable to visit other affected areas outside Nairobi like Eldoret, Kisumu and Naivasha.

Ocampo said that he will present six names to the judges in The Hague before December 2010 and hopes that this action will prevent post election violence in the country.

However, he explained that the six names are different from the ones he received from former United Nations Secretary General Dr Kofi Annan.

The ICC prosecutor said he has so far handed over the 20 names that were in the Waki envelope. The additional six names are from his own investigations.

The ICC prosecutor expects to complete investigations and ask for warrants of arrest against key suspects within six or seven months.

“This will serve as a lesson that violence will be a ticket to The Hague and not to the Cabinet adding that all the cases will be acted upon before the 2012 General Elections in Kenya,” he added.

“Police officers accused of killing innocent civilians were not a big threat but those who were giving the orders,” Ocampo said in his last press conference.

Kadhi’s courts need not be contentious Constitutional review

A

…By Mercy Mumo lot has been said on the Kadhi’s court and it is only fair that the truth be told. There are people who have gone as far as saying that if the current constitution is passed, Kenya will become a Muslim state and the Sharia Law will be applied everywhere.

Whether Kenyans vote ‘Yes’ or ‘No’ in the upcoming referendum, it will not make much of a difference if it is the Kadhi’s courts that is contentious. Kadhi’s courts have always been in the Constitution and rejecting the proposed constitution on its basis will not solve any problem.

Over the years, Muslims have interacted with other religions. They are the only religion that fights for its own and takes care of each other without issues of ethnicity coming in between them.

Leaders who have been vested with the mandate of providing information are the same people giving misleading information on the document.

Ms Rahma Hassan, a civic educator in Murang’a says there has been misinformation regarding the Kadhi’s Court whose functions have been misinterpreted.

“We need to work towards bridging the information gap that is causing all this confusion. If people were open and willing to learn, we would not be in this dilemma,” she reiterates.

She adds: “People are living in fear due to the rampant influx of Muslims and their influence. The Muslim faith is comprised of solidarity and uniformity and maybe that is why there are these rumours all over.”

Addressing a women’s conference on the constitution, Mr Kawive Wambua of Constitution Reform Education Consortium (CRECO) emphasised that the Kadhi’s Courts would only serve the Muslim population.

“People are living in fear due to the rampant influx of Muslims and their influence.

The Muslim faith is comprised of solidarity and uniformity and maybe that is why there are these rumours all over.”

— Rahma Hassan

“Kadhi’s courts would only address matters relating to personal law,” said Wambua. The courts deal with marriage, divorce and inheritance therefore the myth that these courts are a way for Muslims to take over the country are false.

A Muslim woman reiterated that the Kadhi’s courts are woman friendly. “Islam allows a man to marry four wives.

If the man leaves and does not take care of his children, the court will have his salary attached.”

Hassan is also categorical about the position of the Kadhi’s courts. “The Kadhi’s courts are there specifically for the Muslims. They are in favour of the women, cushions them and ensures their problems are taken care of,” she says.

“Otherwise the courts are harmless and do not infringe on any other religion.”

Hassan explains the Kadhi’s courts are more centered on women and some of the Muslim women have not been sensitised on the advantage of making use of the courts.

She explains: “It is quite evident that women still need to be sensitised on their rights. They are the most vulnerable in the society, they bear the family burden and therefore they need these courts.”

The CoE is doing its best in trying to ensure that all Kenyans get a copy of the proposed constitution. It is now up to individual Kenyans to take up the responsibility of reading and understanding its contents before passing judgment.

process on the last leg

Continued from page 1

Other than these challenges, there have also been misconceptions regarding what is required for one to be a registered voter, yet IIEC is guided by certain rules and regulations.

Requirements In regard to whether people can use a waiting card (a document given as one awaits the processing of an ID card), the answer is no. For one to get a voter’s card, he/she is required to produce an original ID card or passport.

Women have been most affected by this situation where they either produce a photocopy of their ID, a waiting card

or in some cases, even an expired passport.

There are others who claim not to have registered as voters because they have the old generation ID cards.

Initially, the IIEC had declared that Kenyans with these old generation ID cards issued from 1979 will not be allowed to use them during the voter registration exercise. However, it was discovered that this would lock out over a million potential voters from the process. The barring was, therefore, lifted following a presidential decree.

Green and Red It is now about two months to the day that Kenyans make history. The referendum question is not only out but so are the symbols — Green for ‘Yes’ and Red for ‘No’.

Even though the official day when campaigns begin is July 13 to August 2, proponents for and against the proposed document have hit the campaign trail running.

Come August 4, Kenyans have until 5 pm to make a claim for or against this document.

3

Issue Number 06 • June 2010

No stopping for Pollyne Owoko With Makadara declared vacant she will be among those seeking nomination …By Ibrahim Oruko

T

he first impression one gets of Pollyne Owoko is that of a young, timid girl. Tall and slim, one would be mistaken in assuming she is a

model.

But perceptions can be misleading and in her case the old fashioned analogy that never judge a book by its cover applies.

This is because inside this bubbly youthfulness is an insulated steely heart accustomed to surmounting even the highest hurdles, a born winner, with determination to succeed against odds.

It is only when you talk to her that you realise Owoko is not a conservative woman. At 33, she is not accustomed to sitting by and waiting for success to come her way. Rather she is a firm believer in going for what she wants, buoyed by the life educating analogy that failure after trial is nobler than not trying at all.

Taking a chance At her age, it is inconceivable that she is a battle-hardened veteran of the pro-reforms struggles that characterised the clamour for constitutional reforms in the 1990s, and even that she already vied for a parliamentary seat and lost.

She participated in the reform struggle with conviction that sacrifice was necessary if Kenya was to change for the better and offer equal opportunity for all.

By contesting the Makadara parliamentary seat in 2007, a dare-devil act considering her age and gender, Owoko was making a statement. And that is not the juicy part of her rather incredible story. You will find it hard to believe that she contested the seat knowing full well that the political dynamics of the time were overly against her.

She ended up sixth in a crowded field of 25 candidates using the little known United Democrats for Peace and Integrity as her party of choice.

“It was not bad for a first timer,” she says on reflection, adding, “and for a young woman without big money and on the wrong party.”

Losing She explains: “I knew it was all over when I lost the ODM nomination.”

The nomination fee demanded by ODM for parliamentary aspirants was huge and restrictive to the youth who want to develop a career in politics. But again she is not sad because ‘democracy is not cheap’.

“I fully understood the implication of our patriarchal society when I plunged into the turbulent sea of politics. I knew the society was not ready for change; the politics of tribe and personality was still dominant, but that was scant reason to restrain my determination to play a role in national development, at least politically.”

And this not to mention the financial resources required to launch a competitive political contest for a parliamentary seat, and in Nairobi.

Coincidentally, this interview takes place on April 30, 2010. This is significant in two ways. First, it is the day women from all over the country converged at Bomas of Kenya to take that bold step of endorsing the Proposed Constitution that

has just gone through Parliament. This is significant because Owoko supports the document.

Second, it was also the day the High Court upheld an election petition filed

by Reuben Ndolo challenging the election of Mr Dick Wathika as the MP for Makadara.

Owoko applauds the court for the bold move.

“For those of us who were in the contest the ruling was hardly surprising,” she says, even though she does not want to dwell on the topic as she cheers on another renewed opportunity to try her luck in Makadara when the by-election gong is sounded.

A call to women But first she wants all women to see the proposed constitution using a gender lens. She wants women to support the document because it offers them protection, offers unmitigated opportunities and levels the playing ground for political participation.

“This document levels the ground.

And even though the ground has not been levelled as most of us would have wished, it is a milestone, nevertheless, and eternal vigilance is required,” she says.

“The ideal situation, and which we have been fighting for over the years would have been 50-50 representation in parliament and the public sector,” Owoko reiterates. “However, the proposed Constitution gives us 30 per cent. We can achieve the 50 per cent over time. It must be a progression.”

The gains Provisions that protect children rights, the recognition of women as citizens and the fact that women can pass their birth rights to their children are developments that make the young politician support the document with a religious zeal. “It makes me proud that under the new dispensation I am not only protected but I can also own land as a woman.”

The proposed constitution also creates 47 special seats for women. They will have to compete in the counties to represent women in the national assembly, the lower house of parliament in the new dispensation.

“It may not be easy but the bottom line is that women will be competing against each other,” Owoko charges.

The structure of representation, where no single gender will control two thirds of jobs in any organisation, means the effect will be reflected on the ground.

“It is up to women to fully understand the contents of the proposed constitution so that when this cardinal principle is impeached they can agitate. They must guard and question.”

The struggle continues But women being offered positions is not an end in itself. With the benefit of custom, Owoko understands fully well that even well intentioned things can be abused. “Women must be strategic.

These positions must not be a preserve of mediocrity and subject to political or ethnic affiliation as the case has been in the past,” she says.

“We want serious representatives with tangible substance. Being a woman should not be a qualification, but those who can articulate issues of different

“I fully understood the implication of our patriarchal society when I plunged into the turbulent sea of politics. I knew the society was not ready for change; the politics of tribe and personality was still dominant, but that was scant reason to restrain my determination to play a role in national development, at least politically.”

— Pollyne Owoko nature,” Owoko explains, insisting that mediocrity has nothing to do with education. “It cannot be legislated against but the women constituency must deal with this.”

Not impressed Even at her age, Owoko is unimpressed with the young political leadership in the 10th Parliament. She accuses them of lowering the threshold of trust and not living up to expectation, they have failed to prove to the world that they are capable of leading from the front.

“For me being a youth is neither static nor a qualification for leadership. What matters is what one can do when leadership is entrusted to them,” she charges.

“It is not all about money,” Owoko rebuts when asked whether her interest in politics is motivated by pecuniary consideration.

Focused For now she has set her sight to the vacant Makadara parliamentary seat, and nothing, no one will stop her focus. She had been re-strategising, planning for

2012 but the court ruling has jolted her plans.

“As a politician I am always ready, always on the move.”

With the ease of a kindergarten rhyme, the Makadara parliamentary seat aspirant enumerates issues that are at the heart of the constituency as a proof that she “leaves, eats and sleeps” Makadara.

Makadara is number one in many ways. At least we all know that it is the first in the Interim Independent Electoral Commission roll of 210 constituencies, but few of us know it is the highest revenue earner to the Gross Domestic Products, and the poorest in Nairobi’s eight constituencies.

Uniqueness of Makadara Further Makadara enjoys some unique national heritage that few people know of. Through Owoko we know that the colonial governor also lived here, Kaloleni Estate to be specific, and that his palatial home, now in disuse and hardly noticeable still stands among the dilapidated structures of Nairobi’s most notorious neighbourhood.

And that is just a bit of Owoko’s compelling panorama. The fact is that Africa’s most celebrated pan-Africanists stayed here as their countries fought pitched battles for freedom from colonial imperialists. Some of them include Milton Obote, Jaramogi Oginga Odinga, Raila Odinga and Paul Kagame just but to mention a few.

Opportunity “This is an opportunity to market this area as a tourist destination, but no one seems to know or care,” she says. “There is a disconnect in the leadership. Makadara does not seem to be a metropolis that it is. The old, dilapidated houses need urgent renovations but no MP seems ready to do it.”

From her story, one can imagine that when the by-election gong is sounded, it may toll for Owoko, for she is so sure and determined that it is hard to imagine her coming out second best.

“I will focus on small, very small things that will change the outlook of Makadara and make it achieve the progressive success,” she says in a parting shot.

4

Issue Number 06 • June 2010

Land policy versus new Constitution

The Masai Mara Game Reserve that lies in community land of the Maasai in Narok. It will be protected in the proposed Constitution. …By Judith Okal oth documents that is the Proposed Constitution of Kenya and National Land Policy are gender sensitive to a great extent when it comes to land matters.

The Proposed Constitution of Kenya acknowledges that there is need for a National Land Policy with principles developed and reviewed regularly by the national government through legislation. ● Equitable access to land; ● Security of land rights; ● Sustainable and productive management of land resources; ● Transparent and cost effective administration of land; ● Sound conservation and protection of ecologically sensitive areas; ● Elimination of gender discrimination in law, customs and practices related to land and property in land and; ● Encouragement of communities to settle land disputes through recognised local community initiatives consistent with this constitution.

The National Land Policy addresses all these constitutional issues as well as others such as the eminent domain and police power.

The Proposed Constitution spells out under Section 66 that the State will regulate the use of any land or any interest in or right over any land, in the interest of defence, public safety, public order, public morality, public health or land use (planning) as well as tenure. It recognises the need for security of tenure for all Kenyans (all socio-economic groups, women, pastoral communities, informal settlement residents and other marginalised groups).

The National Land Policy recognises and protects customary rights to land. It also provides that access to justice in land related matters, land dispute institutions and mechanisms will be streamlined through the establishment of independent, accountable and democratic systems and mechanisms including Alternative Dispute Management regimes.

In the Proposed Constitution of Kenya, land is classified as Public, Community or Private. Com-

B

munity land is held by communities identified on the basis of ethnicity or culture. Within the Proposed Constitution, land issues requiring special intervention, such as historical injustices, land rights of minority communities (such as hunter-gatherers, forest-dwellers and pastoralists) and vulnerable groups will be addressed. The rights of these groups will be recognised and protected. Measures will be initiated to identify such groups and ensure their access to land and participation in decision-making over land and land based resources.

It is noted that land is critical to the economic, social and cultural development of Kenya. It is crucial to the attainment of economic growth, poverty reduction and gender equity.

The National Land Policy recognises the following as cross-cutting issues; gender equity, HIV/ AIDS and poverty. It also takes into consideration the historical injustices that women have experienced in relation to land due to unfair governmental policies and laws.

The principles: a) Land Tenure The National Land Policy states that to secure community tenure to land, the Government shall establish a clear legislative framework and procedures for recognition, protection and registration of customary rights to land and land based resources.

The envisaged legislative framework and procedures will in particular take into account multiple interests of all land users including women; To secure private land, the Government shall: i) Ensure that the alienation of private rights to land takes into account all other legitimate rights or interests (spouse’s and children’s rights or interests) held or claimed by other persons over the affected land; ii) Ensure that private land is held, alienable and transmissible without discrimination on grounds of sex, ethnicity or geographical origin.

Land tenure is reiterated in the Proposed Constitution where security of land rights is a principle of the land policy; and iii) Modify incidents of freehold tenure so as

to permit resumption of family ownership of land converted from customary tenure, co-ownership of land acquired during marriage, prohibition against the sub-division of land held in family ownership, and removal of the principle of absolute sanctity of first registration; The diverse roles that women play in dry land areas and the special problems that lack of rights to land places in their way of performing those roles is recognized in the National Land Policy.

To secure pastoralists tenure to land, the National Land Policy states that the Government shall ensure that the rights of women in pastoral lands and land based resources are recognised and protected; Under the National Land Policy access to land shall be assured for all Kenyans on the basis of equity, fairness, sustainable management and efficient utilisation of the land.

The Proposed Constitution, however, only gives the definition of community land and what it consists of but does not go into the details of women’s rights.

The Government will also ensure security of

The Proposed Constitution spells out under Section 66 that the State will regulate the use of any land or any interest in or right over any land, in the interest of defence, public safety, public order, public morality, public health or land use (planning) as well as tenure. It recognises the need for security of tenure for all Kenyans.”

tenure as well as trans-generational and gender equity in access to and use of land and land based resources;

b) Access for non-citizens The National Land Policy takes note that under the present land law, any person, a citizen or foreigner, can apply and be allocated land for any permissible use within the urban areas ranging from residential and industrial. Regulating noncitizen ownership of land is a principle employed by a number of countries to prevent citizens from becoming landless in their own country.

To encourage access to land with transparent legal guarantees, non-citizens and foreign companies will be permitted to acquire land from the Government or directly from landowners for investment purposes only in accordance with their investment objectives.

The Government shall put in place mechanisms for non-citizens and foreign companies interested in acquiring land for investment purposes to acquire renewable leasehold contracts and ensure that their investment assets are protected by law. For that purpose, the standard leasehold term for land leased for investment purposes in Kenya shall not exceed 99 years.

The Proposed Constitution also deals with landholding by non-citizens under Section 65 and basically reinstates the above points. That is a person who is not a citizen may hold land on the basis of leasehold tenure only and any such lease shall not exceed 99 years.

c) Gender and Equitable principles Culture and traditions continue to support male inheritance of family land while there is lack of review/formulation of gender sensitive family laws.

There is conflict between constitutional and international provisions on gender equality vis-à-vis customary practices that discriminate against women in relation to land ownership and inheritance.

Women are not sufficiently represented in institutions that deal with land. Their rights under communal ownership and group ranches are also Continued on page 5

5

Issue Number 06 • June 2010

Women guaranteed security of land rights …By Duncan Mboyah he proposed constitution, and particularly the chapter dealing with land is said to be good for the Kenyan society.

While under the new law the whole Kenyan society is going to benefit from the Land law, women are quoted as greatest beneficiaries. Women have been at the forefront of land reforms in Kenya and around Africa.

Land is critical to the economic, social and cultural development of the country. The overall objective of the National Land Policy is to secure rights over land and provide sustainable growth, investment and the reduction of poverty.

The principles of land policy say that land in Kenya shall be held, used and managed in a manner that is equitable, efficient, productive and sustainable, an in accordance with Article 60 (f) “elimination of gender discrimination in law, customs and practices related to land and property in land.”

Experts told a meeting under the aegis of G10 coalition that the chapter on land will eliminate gender discrimination, recognise matrimonial property rights in marriage and protect dependants of deceased persons holding interests in any land.

Many widows and orphans have been thrown out of the family land at the death of the man. If the proposed constitution passes, they will be protected from land hungry relatives.

Article 68 (iv) states: “Parliament shall enact legislation to protect the dependants of deceased persons holding interests in any land, including the interests of spouses in actual occupation.”

The Director of Land Development and Governance Institute, Mr. Ibrahim Mwathane reiterated the unfortunate situation where with a population of 51 percent, women in Kenya own only five percent of land.

Mwathane called on political leaders who are opposed to the adoption of

T

the proposed constitution on the basis of the creation of the Land Reform Commission to stop causing fear amongst peace loving Kenyans. He reiterated that many lives had been lost following the 1992, 1997, 2002 and 2007 land clashes.

“The clashes are happening because of the obsolete constitution that we inherited from the colonialists. If the proposed constitution is not passed then, the problems will continue unresolved every election year,” he added.

Apparently Kenya is still operating under the land laws of Britain of 1882 which even the latter has discarded.

A land expert, Dr Akinyi Nzioki praised the proposed constitution for eliminating gender discrimination and protecting women in marriage.

An official from the Ministry of Land, Mr Philip Masinde said contrary to lies being peddled by opponents of the constitution, the National Land Commission will not take away land from anybody.

“The Commission will work with the district land boards in protecting the communal land given that the local authorities have previously messed up with land and did not bother to consult the communities,” he added.

Masinde said those opposed to changes made on land in the proposed constitution are only advocating for total control of the land that they acquired illegally.

Ms Rukia Subow, chair Maendeleo ya Wanawake reiterates the benefits of land in the new constitution.

Leaders at the meeting who included legislators castigated those opposed to the proposed constitution and accused them of misinterpreting the land provisions therein.

“The overall objective of the National Land Policy is to secure rights over land and provide sustainable growth, investment and the reduction of poverty.

The principles of land policy say that land in Kenya shall be held, used and managed in a manner that is equitable, efficient, productive and sustainable.”

“It is wrong for any woman leader to tell lies yet the proposed constitution has given women (daughters, wives and mothers) an equitable land ownership unlike the current constitution that denies women the right to own or inherit land,” they noted.

Nominated Member of Parliament Ms. Rachel Shebesh and Gichugu MP Ms Martha Karua questioned the motives of such leaders saying that such statements were reckless.

They called on women leaders, including a section of legislators, who are opposed to the proposed constitution to tell the truth.

Shebesh accused the group of spreading lies to mislead women in rural areas, arguing that it will be shame-

ful for land matters to be used to reject the new law when women are the people perpetuating lies.

Karua castigated politicians who were posing as experts on the constitution and spreading falsehoods to the public.

She quoted a positivity within the law which says nobody will be required to pay tax on land they own unless he/she is transferring the same to someone else, a condition that is practiced currently.

“Some of my politician colleagues are currently posing as experts on the constitution yet the same people have numerous court cases where they are represented by advocates,” Karua said.

She observed that land commissioners have been misused for a very long time by sitting presidents into transferring land to relatives and friends in disregard of the existing law.

Maendeleo ya Wanawake chairperson, Ms Rukia Subow said the proposed law was good for women and the women’s organisations that spoke against it did so for political interests and not for the women.

Subow accused those women’s organisations and leaders for betraying the role women played in the quest for land reforms, just when the country was on the verge of achieving the changes.

The meeting resolved to name and shame women leaders who are spreading falsehood about the proposed constitution so as to let women in rural areas know the truth.

At a recent meeting, the Women Empowerment Society, a women rights group, launched its ‘No’ campaign on the proposed constitution in Nairobi where they dismissed the proposed constitution of ignoring many issues that are important to women.

Speaking at the same media briefing, Eldoret South MP Ms Peris Simam dismissed the document saying it did not represent women interests.

Comparison between land policy and proposed law Continued from page 4

not defined and this allows men to dispose of family land without consulting women. Few women have land registered under their names and lack of financial resources restricts them from entering the land market. Moreover international conventions on women’s human rights relevant to women’s property rights ratified by Kenya Government have not been translated into policies or laws.

This has been cured by the Proposed Constitution which states under Section 2(6) that any treaty or convention ratified by Kenya shall form part of the law of Kenya under the Constitution.

d) Non-Discrimination in Land Distribution The National Land Policy states that the Government shall adhere to principles of non-discrimination by; a) Repealing existing laws and outlawing regulations, customs and practices which constitute discrimination against women in relation to land. It shall put in place appropriate legislation to ensure effective protection of women’s rights to land and related resources; b) Reviewing, harmonising and consolidating all the laws relating to children’s inheritance of family property in order to protect and promote the rights of orphans; c) Enforcing existing laws and establishing a clear legislative framework for protecting the rights of boys and girls, youth and women in issues of inheritance to land and land-based resources; d) Putting in place mechanisms for assessing all claims to land on their wider merits to ensure that vulnerable persons acquire rights to land

in special circumstances such as where parents are people living with HIV and AIDS and ensure that age and gender are not a barrier to allocation; e) Enforcing the Children’s Act (Cap 586) and supervising the appointment of guardians for orphans to safeguard their property/land rights. It will also facilitate public awareness campaigns on the need to write wills to protect dependants in the event of death. f) Ensuring proportionate representation of women in institutions dealing with land at all levels.

Under the Proposed Constitution, Section 53(2) states that a child’s best interests are of paramount importance in every matter concerning the child.

In the Proposed Constitution, Section 67 establishes the National Land Commission which inter alia in subsection (e) initiates investigations on its own initiative or on a complaint, into present or historical land injustices and recommend appropriate redress.

Article 250 (12) states that the chairperson and vice-chairperson of the commission shall not be of the same gender but does not ensure proportionate representation of women in the membership of the commission.

e) Protection of Marginalized Groups Marginalized groups are defined in the National Land Policy as persons who, by virtue of their position or status in society (political affiliation, religion, gender or way of life) are deprived of advantages or opportunities in relation to land or land-based resources available to persons who are not under similar circumstances.

The National Land Policy provides that the Government shall:

a) Identify marginalised groups and put in place mechanisms to protect their land rights. It will undertake an inventory of existing marginalised groups to obtain a clear understanding of their current status and related land rights; b) Develop a legislative framework to ensure that the rights of marginalised groups to access land and use the resources that are contiguous to them in a sustainable manner are secured; c) Provide legal and institutional frameworks for restitution in lieu of destroyed property and loss of cultural habitation; d) Involve the marginalised communities in the development and management of those resources contiguous to them and share the benefits thereof in case of exploitation; and e) Recognise and protect the traditional knowledge of marginalised groups with regard to conservation of land-based resources.

The Proposed Constitution has more or less the same definition of marginalised groups so they are in tandem in this case. Marginalised groups are provided for under the Bill of Rights in the Proposed Constitution inter alia that the state shall put in place Affirmative Action programmes designed to ensure that minorities and marginalized groups: ● Participate and are represented in governance and other spheres of life; ● Are provided special opportunities in educational and economic fields; ● Are provided special opportunities for access to employment; ● Develop their cultural values, languages and practices and; ● Have reasonable access to water, health services and infrastructure.

The problems faced by marginalised groups

are part of historical injustices that arose from dispossession of land resources by one group from another, either by force, trickery, or lopsided and uninformed ‘voluntary’ exchange.

f) Matrimonial Property To secure the rights of spouses to matrimonial property, the National Land Policy states that the Government shall: ● Review succession, matrimonial property and other related laws to ensure that they conform to the principle of equality between women and men; ● Enact specific legislation governing division of matrimonial property to replace the Married Women’s Property Act of 1882 of England; ● Protect the rights of widows, widowers and divorcees through the enactment of law on co-ownership of matrimonial property; ● Put in place appropriate legal measures to ensure that men and women are entitled to equal rights to land and land-based resources, before marriage (in cases of inheritance), during marriage, upon dissolution of marriage and after the death of the spouse; and ● Put in place mechanisms to curb selling and mortgaging of family land without the involvement of the spouses.

Section 68 of the Proposed Constitution states that Parliament shall enact legislation to regulate the recognition and protection of matrimonial property and in particular the matrimonial home during and on the termination of the marriage.

The Proposed Constitution thus lays down the framework while the National Land Policy goes into the specific laws that require repeal and reenactment such as matrimonial property laws and succession laws.

6

Issue Number 06 • June 2010

Gender perspective in land reforms

A woman tilling a farm. Many women only have access to land as labour and only five percent of them own land in Kenya.

…By Prof. Patricia Kameri-Mbote

W

omen’s rights to land have remained at the core of the quest for gender equality in Kenya. In the broader Kenyan context, the land question has emerged over time as a major political issue that can erupt anytime and threaten the existence of the State as was witnessed in the post-election violence in December 2007.

There has been disquiet over the way in which land has been dealt with over the years, from colonial times to postindependence to the current time. The most graphic disquiet over land matters was witnessed after the disputed presidential poll in 2007. Many people were forced to flee from lands to which they held title deeds. That some of these people have not returned to their lands and remain displaced, attests to the gravity of the land question and the need to deal with it urgently.

National Accord The National Accord brokered by Kofi Annan that marked the end of the violence identified land reforms as one of the issues requiring durable solutions for lasting peace.

Land was the basis for the struggle for independence and its control is the basis of Kenya’s sovereignty. Land ownership and distribution issues have over the years sparked off ethnic tensions and suspicion in various parts of the country.

Not surprising, people have looked to the Constitution as the supreme law of the

land to guarantee the security of tenure to land through mechanisms for equitable access to ownership and control of land.

Women expect the Constitution to shield them from laws, customs and practices that discriminate against them where land, a critical source of their livelihoods, is concerned.

It is important to point out that the women of Kenya, who are 52 percent of the population, have clamoured for a constitution that recognises and protects their rights as human rights. It also needs to be noted that the whole process of constitution review, including the setting up of the Constitution of Kenya Review Commission, entailed a struggle to ensure gender equality and equity.

Discrimination Gender advocates have for a long time questioned many constitutional provisions. They saw the Constitution as not guaranteeing women’s equal rights with

men. For example, until 1997, section 82 of the Kenyan constitution dealing with the question of discrimination excluded “sex” as an objectionable ground for discrimination. However, the revision of the Constitution in 1997 included “sex” as an objectionable ground for discrimination in section 82(3) but did not include it in section 82(4). This left women open to discrimination in areas where they were very vulnerable.

Further, gender-neutral laws on property ownership have not resulted in more women owning land because of structural barriers such as access to credit and general lack of resources to purchase land. Women are under-represented in institutions that deal with land. Their rights under communal ownerships and ranches are not defined and this allows men to dispose of family land freely.

Few women have land registered in their names and lack of financial resources restricts them from entering the land

“Gender-neutral laws on property ownership have not resulted in more women owning land because of structural barriers such as access to credit and general lack of resources to purchase land. Women are under-represented in institutions that deal with land. Their rights under communal ownerships and ranches are not defined and this allows men to dispose of family land freely.”

market. Women have been of the view that to deal with male dominance in land matters, the law should explicitly provide for women’s rights to own land and go further to provide for ways of assisting women raise capital to purchase land and other property.

In matrimonial contexts, women have argued for a presumption of spousal co-ownership of matrimonial property.

They have asked for specific provisions protecting spouses from sale of jointly occupied land without their knowledge and consent. They have also called for provisions protecting women’s interests in the allocation of land.

Women have also demanded that laws regulating the registration of land and other property rights should be amended with a view to simplify the procedures and making them more accessible.

Significantly, when the proposed draft constitution was defeated in a referendum in 2005, women’s rights to land emerged as one of the nine most contentious issues.

Land Act The existing laws on land provide for individual, group and government ownership. The Registered Land Act provides for registration of land rights in an individual’s name after the process of consolidation and adjudication. However, right from the beginning, registration was bound to exclude most women from acquiring titles to land since they only had rights of use while men retained those of ownership and allocation.

The tenure reform process only took

into consideration the rights of people who had land and not the landless or those who had rights that did not amount to ownership. In most cases, families designated one of themselves, usually the eldest son or the male head of the household, to be registered as the absolute owner without realising the latitude that such a person would have to deal with once the land was registered.

According to the registration statute, a right of occupation at customary law would only be protected, if noted on the register which many families did not bother to do for they saw no possibility of a piece of paper vesting any more rights in the family representative than he would have had at custom. Cases of such family representatives seeking to evict the other family members from the family land escalated.

Not surprising, of the 17 percent of land registered in individuals’ names, less than one percent comprises of women.

In the land owned by groups which comprises over 60 percent of the total land area, women’s rights are mediated by the application of customary norms.

While community ownership is promoted as egalitarian and more likely to guarantee disadvantaged groups rights to resources such as land, there is no literature illustrating whether this is the case in trust land and group ranches in Kenya.

With regard to trust land, it is worth noting that the governance institutions and county councils have very few women. Women’s interests in such land are, Continued on page 7

7

Issue Number 06 • June 2010

Land reforms and decentralisation …By Odenda Lumumba

L

and reform is an agenda for social change, challenging the status-quo and uprooting power dynamics. Land reform is derived from a constitutional dispensation for equality before the law and the primary duty of the state to redistributive justice The National Land Policy is our blueprint to land reform aimed at guiding the country towards efficient, sustainable and equitable use of land for prosperity and posterity.

Vision 2030 forecast targets are nothing without implementing land reforms and decentralisation.

Decentralisation is about transferring functions, resources and varying degrees of political and fiscal autonomy to local/municipal governments. These are about opportunities to participate and be represented on matters that closely affects lives.

However, land is a driver of development and conflict in Kenya. At national level, political leaders have been unable and are reluctant to advance land reform agenda, failing Kenyan people and creating unrest.

At local level, conflicts linked to land have included evictions, tension between communities, different user groups and landless people.

Decentralisation forces us to examine local governance with regard to women’s participation, representation and access to means of production and public services.

Reasons for land reforms and decentralisation It is a historic moment for national reform agenda especially Agenda 4. There is need for inclusive society based on growth with equity. Need for long-term redress for lasting peace that must come with land reforms and decentralisation.

Ensuring that land reforms and decentralisation are anchored in the Constitution to spur economic growth, poverty reduction, environmental protection and social justice.

Realisation has come that land reform is about the management of land and natural resources that should not by pass democratic local political institutions and procedures which respond to needs and rights of local people including women and the most disadvantaged.

There is the realisation that the information and administration capacity lies at the local level while the guiding principles should be set at national level.

Land reforms will ensure that the government stops keeping busy with software reforms of computerisation and

A man works on a combined farm harvester. Land reforms will protect even private land owners. embark on restructuring that seeks to address land governance issues.

Reforms and decentralisation will resolve land-based conflicts by addressing land hunger that is degenerating into armed militias. It will roll-out land use plans from villages to national level. It will carry out land audit for addressing secure shelter for all and land space to

all productive forces.

It will also release data on available land and the population census of those that need to depend on it as well as roll out public education, discussions and awareness for transformation in the land sector.

Land reform cannot afford to be limited to speeches and talk. There is a need to draw in all people in the imple-

mentation.

Land Reform is an organised effort or else it remains empty rhetoric. In order for decentralisation to deepen democracy and improve development, it should not reinforce elite power, including discrimination against women.

The writer is the Coordinator of Kenya Land Alliance.

Gender perspective of land reforms under the new Constitution Continued from page 6

therefore, at best articulated by male intermediaries. Given the patriarchal social ordering, it would be surprising if indeed women have greater rights in these areas.

In a study carried out among the Samburu, Rendille and Maasai where group ranches are the norm, it was noted that most fora for making decisions were dominated by men and that most of these cultures excluded women from such fora.

While the Law of Succession Act (Cap 160 of the Laws of Kenya) provides for the rights of widows and all children, including female children, to inherit the property of the deceased, there has been a felt need to protect spouses from eviction by relatives of the deceased especially where the land in question is ancestral land.

Such protection would also benefit women in cases where customary rules of intestacy continue to apply even when they exclude women from inheriting agricultural land and livestock which comprises the main means of production in those areas.

The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa which came into force in 2005 pays particular attention to the rights of women to property.

Article 6 (j) states parties are required to ensure that a married woman has the right to acquire her own property and to administer and manage it freely. Article 7 (d) requires states to ensure that women and men have the right to an equitable sharing of the joint property deriving from the marriage in case of separation, divorce or annulment of marriage.

Article 19 dealing with sustainable development exhorts states’ parties to promote “women’s access to and control over productive resources such as land and guarantee their right to property”.

In Article 15, the right to land and the means of producing nutritious food is linked to food security. The protocol

does not provide protection for the traditional knowledge of women which can be the basis of intellectual property. Unfortunately, Kenya has not ratified the protocol.

It is within this context that one looks at the Kenya National Land Policy 2009. The policy was drafted alongside discussions on a new constitutional dispensation. It has put the issue of gender equality at the forefront.

Constitution review and Gender Equality on land matter The National Land Policy must be contextualised within the Proposed Constitution. It articulates the principle of gender equality on issues of equal access to, ownership and control of benefits of land and other resources. The policy also addresses inheritance, administration and management of estates and other properties.

For the first time, gender equality is anchored in the Constitution and issues that women have sought to have addressed through law have been addressed in the Constitution.

Article 27 of the Draft Constitution provides that “Women and men have the right to equal treatment including the right to equal opportunities in political, economic, cultural and social spheres” and that “the State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.”

It does not save customary law application in personal law matters from this provision that previous Constitutions exempted from the application of the nondiscrimination principle.

The proposed constitution also provides in Article 68 (1) c (iii) for the enactment of laws recognising and protecting the matrimonial property espe-

cially the matrimonial home. It states: “Parliament shall enact legislation to regulate the recognition and protection of matrimonial property and in particular the matrimonial home during and on the termination of marriage.”

This is in response to women’s plea that their interests in the matrimonial home are secured from abuse by spouses who may be the titleholders.

Article 68 (1) c (vi) also provides for the protection of dependants in actual occupation of land in the event of the death of the owner of land. This protects widows and their children from eviction from their homes as happens in some cases and has become more common where the deceased succumbs to Aids related ailments.

It also includes the principle of at least a third representation of women in

elective and appointive bodies facilitating women’s representation in land administration bodies from the National Land Commission to the lowest levels of land administration.

National Land Policy Sessional Paper No. 3 of 2009 identifies the need for constitutional provisions on equitable access to land and the protection of human rights for all, especially women, minorities and children in matters of access to and ownership of land. The promulgation of the proposed Constitution would greatly bolster the provisions of the Policy.

The National Land Policy The need for a holistic land policy reform process has been felt in Kenya for a long time. In 1999, the Commission of Inquiry into the Land Law

Some of the facilitative Policy provisions are: ▪ Protection of human rights for all Kenyans and specifically protection against laws, customs and practices that discriminate against women.

▪ The recognition, protection and registration of community rights to land and land based resources taking into account multiple interests of all land users, including women.

▪ Ensuring that the rights of women in pastoral areas are recognised and protected; ▪ Putting in place appropriate legislation to ensure effective protection of women’s rights to land and related resources; ▪ Repealing existing laws and outlaw regulations, customs and practices that discriminate against women in relation to land; ▪ Enforcing existing laws and establish a clear legislative framework to protect the rights of women in issues of inheritance to land and land-based resources; ▪ Making provision for joint spousal registration and documentation of land rights, and for joint spousal consent to land disposals, applicable for all forms of tenure; ▪ Securing inheritance rights of unmarried daughters in line with the practices of the respective communities; ▪ Facilitating public awareness campaigns on the need to write wills to protect dependants in the event of death; ▪ Carrying out public education campaigns to encourage the abandonment of cultural practices that bar women from inheriting family land; and ▪ Ensuring proportionate representation of women in institutions dealing with land at all levels.

System of Kenya was appointed by the President (Njonjo Commission Report: 2002). It was charged with among others, the task of reviewing land issues in Kenya with a view to recommending principles that would foster economically efficient, socially equitable and environmentally sustainable land tenure and use system.

The Commission reported back in 2002 and among its recommendations was the need to address gender issues in land access, control and ownership.

Following up on the Commission’s recommendations, a national land policy formulation process was started in 2004.

Among the guiding principles in the policy formulation process were participation; inclusion; and gender sensitivity.

These provided a basis for bringing on board provisions on gender equity in land ownership and use.

On Matrimonial Property, the Policy proposes the following measures to secure the rights of spouses: Review of succession, matrimonial property and other related laws to ensure that they conform to the principle of equality between women and men; Enactment of specific legislation governing division of matrimonial property to replace the Married Women’s Property Act of 1882 of England; Protection of the rights of widows, widowers and divorcees through the enactment of a law on co-ownership of matrimonial property; Appropriate legal measures to ensure that men and women are entitled to equal rights to land and land-based resources during marriage, upon dissolution of marriage and after the death of the spouse; and Mechanisms to curb selling and mortgaging of family land without the involvement of the spouses.

The proposed Constitution provides a robust context for the consideration of gender issues in land reforms.

It gives firm anchorage to the progressive provisions of the National Land Policy.

8

Issue Number 06 • June 2010

The best option:

Women given public space within the Truth Commission …By Jane Godia he Truth, Justice and Reconciliation (TJRC) has been operating under very difficult circumstances that has been coupled by a wave of negative talk about the commission and lack of funds.

It seems Kenyans have been lost on an individual yet the Commission is bigger than one man, it is an institution.

That is why the TJRC Secretary and Chief Executive Officer, Mrs Patricia Nyaundi, says they are not going to allow the Truth Commission to die.

“The Truth Commission is not dying.

Not on our fort. If it has to die, it will not be in our hands. If it has to happen, it will be an external act and not from those inside,” Nyaundi says.

She reiterates the fact that there is a lot of commitment from the commissioners.

“There is commitment to the job. It is clear in our minds that it will not be an easy task but we are committed to deliver what we can within our powers,” stresses Nyaundi.

T

TJRC niche She says the TJRC is more of a restorative body that has its niche with accountability mechanisms in place. “As a nation we are stronger if we live together harmoniously. A strong nation must hold to account those who commit crime.”

However, despite all the emerging issues, the institution of the Truth Commission appears to be the best option for women within the reforms agenda.

According to Nyaundi, TJRC is giving women an opportunity to occupy the public space because under its Act there is clear intention to ensure women’s issues are given prominence.

“The focus of the mandate of the Commission is violation of human and social rights. That is why gross human violations as entrenched in the Act include sexual violations,” says Nyaundi.

She explains: “When women are given this space, experience has been that the value of the Truth Commission lies on the commitments and recommendations it makes.”

Nyaundi reiterates the fact that the Truth Commission is tasked to make gender specific recommendations on laws and institutions that have historically been avenues for violation of women’s rights.

Considering that women have unique problems and that they have faced gross human rights violations, Nyaundi says that for women the best time for interacting with TJRC will be during statement taking.

The process “There will be a form to be filled by the statement taker or by the women themselves, and this will be submitted to the Commission,” says Nyaundi. She explains: “This statement taking forms a major part of the Commission which will study the forms to understand the violations Kenyans have gone through.”

This can only come up from the records depending on what the Commission has received.

Nyaundi reiterates: “If women do not talk about their story, it will not be on record. What will be recorded includes domestic violence. This means that gender based violence is no longer a matter of the bedroom alone.”

Nyaundi was speaking during an interview at the TJRC offices. The issues that TJRC will be recording are wide and varied and they all touch on women’s lives in one way or another. For instance, women can record a statement with TJRC to say that they are not accessing healthcare as this is a violation of their human rights. The TJRC will also want to know if a pregnant woman is guaranteed access to skilled care. It will want to know the Kenyan situation with regards to education.

“There are many things that the Truth Commission will cover which will touch on women’s human rights and these include finding out whether the inability by women to participate in public life is by accident or design,” she explains.

The TJRC will be having thematic hearings. Nyaundi advises that women must be on the lookout for this.

“Women must come out in large numbers, organise themselves so they are able to present joint memorandums to the Commission,” says the Commission Secretary. She adds: “There will also be individual hearings but not everyone who records a statement will be heard.”

Those who appear before the TJRC will be representative of what the others said.

Nyaundi, however, advises women that they must say if they are willing to participate in the hearings so the Commission is able to take them into consideration.

The TJRC hearings will be held in public to let people know what took place. However, Nyaundi says that where the security of the witness/perpetrator is of concern, then the hearing will be done in camera. “Where the witness or perpetrator is a child, the hearings will be in camera,” she explains, adding. Sexual violence hearings will also be in camera because of the victim’s privacy.”

Official language The issue of language is particularly important to women. The official language of the Commission will be English and Kiswahili. “However, people are entitled to be heard in a language they are comfortable with,” explains Nyaundi.

“This must be included in the forms for statement taking for translators to be made available.”

There will also be interpreters for those who require sign language interpretation as well as Braille.

Following the national peace accord, and in the spirit of reconciliation and national healing, the TJRC was set up through an Act of Parliament to inquire into human rights violations including those committed by the State, groups or individuals. These include, but are not limited to politically motivated violence, assassinations, community displacements, settlements and evictions.

The Commission will also inquire into major economic crimes, in particular grand corruption, historical land injustices, and the illegal or irregular acquisition of land especially as these relate to conflict or violence. The Commission will inquire into such events that took place between December 12, 1963 and February 28, 2008. However it will look into antecedents to this date in order to understand the nature, root causes or context that led to such violations, violence or crimes.

However, the TJRC may look at is-

sues before this time if the seeds were planted before 1963.

Nyaundi says: “The TJRC must establish a true record and many things go back beyond 1963 but the focus is to look at issues when Kenya became a nation as a republic.”

However, not many women are aware of the TJRC or its mandate as many people have ended up getting wrong or misleading information as regards the Commission.

However, as much as there is need for capacity building and awareness creation, the TJRC will rely heavily on civil society organisations on this front.

Nyaundi says: “We will do what we can within our resources but will leave the bulk of the work to CSOs on the ground.

They are the ones who will be trained to share the information with others.”

While many people, and women in particular, who have suffered gross human violations would like to appear before the commission, many are worried about their security. However, witness protection is a serious concern to the Commission.

Nyaundi says: “We will do what is possible to ensure privacy and non-disclosure and keep information received confidential to address many concerns.”

Should the witness want to testify and is concerned about their security, the Truth Commission will work with the agency under witness protection. “If this is not sufficient, the Commission will do what it can within it means to ensure that the witness is protected,” explains Nyaundi.

She says people will be free to call and say where they want their statements taken from if they feel unsafe from where they are staying.

Main concerns In comparison to other Commission, Nyaundi says that the TJRC process is unique in that it fills gaps. “Where justice is needed but cannot be provided within the judicial system, the TJRC comes in because evidence is not of primary concern,” she says. This makes it very easy for women to appear before the Commission, and

“This statement taking forms a major part of the Commission which will study the forms to understand the violations Kenyans have gone through. If women do not talk about their story, it will not be on record. What will be recorded includes domestic violence. This means that gender based violence is no longer a matter of the bedroom alone.” TJRC Secretary and Chief Executive Officer, Mrs Patricia Nyaundi

particularly those women who were sexually abused and did not get to hospital on time for evidence of rape to be collected.

The TJRC will work well for women who were gang raped by individuals or groups that included security forces.

The TJRC will have to call on the Commissioner of police to answer to these charges and stand accused if the women are not able to identify the individuals.

In the end, Nyaundi says, the TJRC will give recommendations that police be sent out to zones so if an officer or officers in a particular zone commits a crime it is easy to identify. In the case of rape DNA samples will be taken.

Nothing but the truth

A woman mourns her relative after she went to collect the body following the post election violence in 2007. Many women suffered both physical and psychological trauma following the botched elections.

Nyaundi says the TJRC gives the platform to tell the truth. The Truth Commission’s concern is that there be a healing process and this can only happen if people come out and speak about their experiences, face the perpetrators.

“For instance, if TJRC comes across many cases of rape by security forces, it will want to address itself to factors increasing women’s vulnerability and then recommend that certain changes be made,” says Nyaundi. She adds: ‘We will also recommend that women be educated to go to hospital once they are raped to allow for DNA samples be collected.”

This added by knowing exactly which security officer was posted to which zone will help in identifying perpetrators. “TJRC will look at Ransley’s report on police reforms and see if it addresses these concerns,” she adds.

While two and a half years looks too short a time for TJRC to address all that will come before it, Nyaundi says that the wisdom of two years comes from Makau task force, which had earlier recommended that a Truth commission be set up in Kenya. “The two years comes from international wisdom and that we should not take too long in opening wounds,” Nyaundi explains. This is the same thing that happened in South Africa.

“The idea is to clean, cover and retreat. People must understand how TJRC works as most of the work will be done behind the scenes.”

She adds: “Hearing is a small part of the work of the Commission in terms of people’s stories being heard and be part of the report.”

Compensation Compensation and amnesty will play a big part in the Commission.

However, Nyaundi says reparation will be there in various forms but cannot be reduced to money only. “Things can be done to ensure that the witness is happy to have been heard and given something in return.”

In Rwanda, the government decided to build a monument in remembrance of victims, “so if you see it you say it should never happen again.”

In Sierra Leone, the government was offering amputees free health care and giving them small loans to start businesses.

Nyaundi says that even locally there are some crimes that have not gone into national records. “There are massacres in North Eastern Province that people do not know about as they have not entered national records,” she says. “It is important to put them in national history, acknowledge and apologise.”

The question of amnesty remains sensitive. Anyone who has been accused of a crime and wants amnesty will have to apply, the victims of his/ her act notified and they must be part of the decision,” explains Nyaundi. “TJRC will not offer amnesty but will instead recommend to the Attorney General if it is satisfied that the person deserves amnesty.”

Amnesty cannot be granted where there were gross violations of human rights such as massacres and sexual violations.

Continued on page 9

9

Issue Number 06 • June 2010

Lessons from other truth commissions

Truth body visits Mt Elgon mayhem centres …By KenyanWoman Correspondent

Women in the Internally Displaced People’s Camps making cooking balls out of charcoal dust. These women who were chased out of the homes in post election violence form part of TJRC hearings. …By Florence Sipalla

A

s Kenya grapples with challenges bedevilling its Truth, Justice and Reconciliation Commission (TJRC), it is critical to note this is not the first truth body on the continent.

This means there are lessons that the country has to learn and could still from other commissions that have been held in the region.

These sentiments were expressed

by Dr. Lyn Graybill, an American academic currently teaching and conducting research in Sierra Leonne, when she addressed civil society representatives on the subject of women and transitional justice in Nairobi recently.

“The TJRC is an important transitional justice mechanism,” argues Tim Darlton, a programme officer with

The best option Continued from page 8

“However it will be important if it fosters national reconciliation because part of the reason the country can be said to be divided is because some people say they were wronged.

Nyaundi says: “Where people say they have forgiven those who took initiative to say they wronged somebody, the perpetrator is freed from guilt and the victim is freed from fear, animosity and hatred.”

Even as the TJRC starts taking statements, Nyaundi says “whether or not we should go into our history is not a choice that we have to make. We have to do it. The longer we postpone, the more the wound festers.”

She concludes: “For the good of this country we need to style up and get the job done well and walk into our future. What we saw in 2007-2008 showed that our past will always pop up. Let us not wait until we are down on our knees before we act.”

the Centre for Rights, Education and Awareness (CREAW). He adds: “It creates an avenue for the general public to have a platform for non-retributive truth telling.”

As much as the TJRC is undergoing challenges, the latest being the resignation of former Vice Chair, Betty Murungi and calls for the chairman, Ambassador Bethuel Kiplagat to resign, it is important that as a nation, we continue to focus on what the TJRC portends for the nation and most importantly, for women who have been victims of sexual violence since independence.

Having been established after the 2007 post election violence, it is clear that this institution is best placed to address long standing sexual crimes, which are often used as weapons in the event of civil strife where women are often victims of sexual assault.

According to statistics by the Human Rights Watch, it is estimated that between 215,000 and 257,000 women were victims of sexual assault during the civil war that ran for over ten years in Sierra Leonne. Women not only suffered during the war, when they were raped or taken as ‘wives’ by the soldiers, they also suffered after the conflict ended as they faced challenges re-integrating back into their communities.

In a country like Sierra Leone, where virginity is highly regarded, this was double tragedy for the women who had been raped since they were also undesirable as wives, after the conflict. In addition, the women who returned with children from their ‘war husbands’ were also not welcomed by the community,

these are some of the long term impacts of the war.

For Sierra Leone, the Special Court ran parallel to the TRC, and this posed a challenge to the Commission. Much as the victims of sexual crimes testified, they were not reconciled with their perpetrators as few came to the hearings for fear that if they did not receive amnesty from the TRC, they would end up being prosecuted.

The fact that the ‘big fish’ were tried for the rapes that were committed by the foot soldiers also meant that the seriousness of the crimes may not have really been comprehended by the actual perpetrators.

Despite the TRC offering women an opportunity to testify in camera, or behind a screen, most women opted to testify in public despite the stigma associated with sexual crimes. The women got to vent their feelings in public, an opportunity the TJRC would allow not only the victims of gender violence during the 2007 post election chaos but also victims of other similar crimes such as the St. Kizito case where female students were raped by their male counterparts.

But perhaps the most important thing to bear in mind is the impact of the eventual recommendations made by the Sierra Leonean TRC which proposed that women who had been raped and amputees receive a monthly pension in addition to free health care for life for the victims of sexual violence. Instead, the government offered them a once off compensation of US$100.

It, therefore, goes without say that for Kenya, it is not enough to have the TJRC conduct their hearings, the ulti-

“It, therefore, goes without say that for Kenya, it is not enough to have the TJRC conduct their hearings, the ultimate goal should be to ensure that the recommendations they make with regards to reparations are implemented.”

mate goal should be to ensure that the recommendations they make with regards to reparations are implemented.

Commenting on what the women of Kenya stand to gain from a successful TJRC process, Darlton say the reparations would help support women victims in rebuilding their lives.

“We should learn from the wrongs done by the commissions in South Africa and Sierra Leonne and try to do it differently,” says Rose Wauda Ouko, of the Coalition for Peace in Africa.

The onus is, therefore, on civil society organisations and especially women’s groups to ensure that the transitional justice mechanisms benefit women.

“Women can gain from this transitional justice process by speaking in one voice,” says Wauda. “Women are known to be more organised and are many in numbers.”

Drawing from the experience of the Truth and Reconciliation Commissions in South Africa and Sierra Leonne, Graybill highlighted the role played by the Women’s Task Force in the Truth Commission. The women formed an umbrella group of civil society actors that advocated for gender balance among the staff involved in the processes.

Graybill challenged civil society groups that work with women to form a TJRC task force to not only monitor the process with regards to the gains for women, but also to advocate for the needs of women to be catered for.

Civil society has already taken the challenge and formed a working group to monitor the TJRC process.

“The group is also keen on ensuring that women engage and participate actively in the TJRC process,” says Darlton.

It will also promote peace building initiatives in the communities and ensure the Government implements the recommendations from the commission.

Graybill concludes that the International Crimes Tribunal of Rwanda and the South African TRC included gender concerns in their work following pressure from women’s groups, demonstrating the power of such advocacy initiatives.

The Truth Justice and Reconciliation Commission (TJRC) went on location and heard directly from residents affected by the perpetual cycle of violence in Mount Elgon District.

The Commission determined to visit the actual locations where statement taking will be carried out, gave local residents the opportunity to meet first hand with the Commissioners and narrate the nature of their challenges.

The Commissioners travelled to Chepyuk, in Kopsiro, scene of some of the worst atrocities carried out between 2006 and 2008. Area District Officer Mr Timothy Tirop said he looked forward to the Commission resolving the issues of Mount Elgon once and for all.

“What happened here in Mount Elgon needs to be captured for the truth, justice and reconciliation process,” said Tirop. He added: “It is my hope that the recommendations that the TJRC comes up with are implemented and the problems which have bedevilled this region since independence, solved once and for all.”

The Commissioners met with those who had been displaced by the violence including Agneta Mabutu, aged over 60 who lives by the roadside and struggles to fend for seven grand children all of whom are visibly malnourished.

“My son, who looked after us, was killed and our home destroyed.

I do not even know where they took him. I cannot rest because I did not bury him,” she told the Commissioners.

Violet Chesondi said they were only beginning to resettle on their farms and lamented the loss of life and property during the land related violence in which an estimated minimum 3,000 people died.

“We had to flee with our children and just the clothes we had on our backs, into the forest. And all for what? It was not worth it,” she said.

“The fighting was started by politics driven by politicians who capitalised on the people’s ignorance to manipulate them into fighting,” said David Kiptanui.

DavidChemiat Ndiwa showed the Commissioners a burial site in his backyard wherethere were 16 bodies.

“My land was turned into a courtand they chose this area as a burial site,” he said. “We tried to exhume one body but it just fell apart. We asked the government to help us to no avail.”

Ndiwa urged the TJRC to put an end to the constant warring between the Bukusu and Saboat communities and within the Sabaot between the Soi and Ndorobo.

The Commission Vice Chair, Ms Tecla Namachanja urged all those whom they met withto take advantage of the opportunity that the TJRC was providing them with and have the violations and injustices documented by the statement takers.

“These statements will form the basis of further research and investigations, a historical record of violations and human rights abuses as well as identification of additional victims and perpetrators that may qualify for a public hearing,” Wanjala told the area residents.

Thirty nine statement takers have undergone intense training at KapsokwonyCounty Town Hall and began their work immediately.

10

Issue Number 06 • June 2010

First ladies at five seats of power in Africa …By Joseph Warungu

Janet Museveni of Uganda

Ernestina Mills of Ghana

L

istening to Sierra Leone’s Sia Koroma, Namibia’s Penehupifo Pohamba, Ghana’s Ernestina Mills, Zambia’s Thandiwe Banda, and Uganda’s Janet Museveni, the most striking thing is that these women care deeply about the condition of society.

As professionals in their own right, these women are actively promoting education and rural development and championing poverty eradication and the fight against HIV/Aids.

Mrs Koroma and Mrs Pohamba are both experienced medical professionals while Mrs Banda and Mrs Mills are teachers.

The office of the first lady is not an elected one. This means they cannot directly intervene in the running of the country, despite their proximity to power.

However, some first ladies have been known to take matters firmly into their own hands to whip opponents into shape.

Feminine tactics

Penehupifo Pohamba of Namibia

“Being a woman, we have our innate feminine tactics,” says Mrs Koroma.

“If I call him ‘Mr President’ it means I want something from him. And I do call him ‘Mr President’ sometimes.”

For Mrs Museveni, however, it is not enough to live with “power” — she has demanded some of it for herself as an elected MP and minister.

But her appointment to the Cabinet, as well as public posts for other close family members, have led to accusations that Ugandan President Yoweri Museveni is running the country like a family business.

“I know that is rubbish, I’m sorry to say this,” said Mrs Museveni. “But if there is anyone who takes the trouble to do everything by the law, it is my husband.”

Uganda’s first lady quickly jumps to her husband’s defence when it is suggested that having come to power in 1986, he has overstayed his welcome with the voters.

“Every time he’s supposed to go back and ask for their support… they give it willingly.”

Attract sympathy She concludes by confirming that she will retire from active politics after seeking a second, and last, five-year term as an MP at next year’s general elections.

Unlike in the West, where first ladies and their children are political tools to be deployed at will during campaigns, or to help attract sympathy for the man at the helm, African leaders are generally very protective of their private lives.

“I first met him while I was studying in Germany,” says Mrs Pohamba, recalling how the future president of Namibia wooed her and eventually proposed.

“He acted as if he’d been sent by someone else, saying: ‘If there is someone who would like to fall in love with you, would you agree?’

“And I said: ‘It depends on whether I know the person. If I do not, I won’t agree... so who is this person you’re talking about?’

“Then he continued beating about the bush and four hours later he said: ‘The person I’m talking about is myself’.

“I responded: ‘Wuh! Let me think about it’.

“We met again much later in Angola and fell in love and he proposed to me — on his knees.”

A formal office If the Namibian president was having a hard time securing a future wife, Zambian leader Rupiah Banda, who already has grown up children with his late wife

and grandchildren, had palpitations when he heard the news that he had become a father again. ‘“At the time, I didn’t know I was expecting,” his wife said.

“I went to the hospital to check why my stomach was becoming so uncomfortable.

“After the scan, the doctor asked me if I was pregnant and I said: ‘No’. Then he informed me that I was two months pregnant with twins.

“When I called my husband with the news, he was in shock. He said: ‘No, no…really?...No!’ He may have been expecting a child, but two was a pleasant surprise.”

Zambia’s first lady says she would like to see the establishment of a formal office of the first lady with a government budget allocation to support her public work.

However, this is a view that has provoked controversy in some countries, with many people questioning the need for a formal role for first ladies describing it as a waste of money. They argue that because the first ladies are unelected, they are not directly accountable to the people.

Promote literacy Ghana’s first lady does not have children of her own.

But as a teacher, she is passionate about young people and works hard to promote literacy, especially for some of the girls in rural areas, whose education is sometimes disrupted by social pressures, including men who prey on them.

But when at home, and away from

“Unlike in the West, where first ladies and their children are political tools to be deployed at will during campaigns, or to help attract sympathy for the man at the helm, African leaders are generally very protective of their private lives.”

Sia Koroma of Sierra Leone

Thandiwe Banda of Zambia First ladies of Africa in a past group picture. Picture: From the Internet.

her duties as a first lady, Mrs Mills spends time with her dogs, a habit she inherited from her father. One dog is called Tandy, another is Max. Then there is Candy and Sweetie Pie. With names like these, it is hardly surprising that she talks to them all the time.

“They understand,” she says, becoming animated.

“They lie on their back and I scratch their chest and they’re happy!”

Bring happiness Although wining and dining with the high and mighty should bring happiness to many people, Africa’s “first ladies” have their regrets.

Despite the fulfilment they get from serving their societies and helping to improve life in Africa, they miss one thing: freedom.

“I used to wear normal clothes that a mother with two kids would wear. You know, easy clothes like jeans and a Tshirt,” Mrs Banda recalls.

“Now there are some clothes that I cannot wear because everyone — especially young people — look up to me; I need to set a good example.”

For Namibia’s Mrs Pohamba, before her life was surrounded by bodyguards and state protocol, music used to be the food of her soul and body.

“I cannot dance any more... this house is like a prison... you’re not really free, not like how I was in the old days.

“I could go to the disco, and then return to my house and start dancing again and doing this and that. That is no more.”

Mrs Koroma will also not mind leaving State House when the time comes.

Although her husband is only in the middle of his first term in office, she is clear about an exit plan.

“There is a golden rule in politics: You must know when to come in and when to get out.

“That is my motto and I am going to stand by it. That exit is very important.”

— BBC Network Africa

11

Issue Number 06 • June 2010

Startling statistics of mothers dying …By Jane Godia he scenario is vivid and one can keep on playing it in their minds forever. It is almost like a classic movie, which you want to watch many times whether it is a horror, fairy tale or romance.

However, in this case it is an issue of deaths that take place in this country without anyone blinking an eye. The deaths do not get space in the media, nor does the government order that flags fly at half mast because of their unprecedented numbers. Neither do we have 21 gun salutes for the heroes as they are being buried. The churches also do not come together to hold a requiem mass that their souls may rest in eternal peace.

T

Death rate Yet the numbers by which they are dying are astounding. A vivid description as put by Dr Nancy Kidula of the World Health Organisation tells the startling story. “Take the case of an accident involving 500 16-seater matatus; or 100 80-seater matatus and all people on board perish.”

These numbers translate to 8,000.

These are the number of maternal deaths experienced in Kenya every year. In other words, every hour a woman dies from pregnancy related causes, this makes it about 21 women, on average, dying every day from pregnancy related consequences in Kenya.

Globally every minute of every day, a woman dies because of complications of pregnancy and childbirth. If one was to take three minutes to read a book, within that same time, three women around the globe will have died. Chances are that one of those deaths will be in Kenya.

Yet even as the debate on whether a woman’s life should be saved when pregnancy put her life in danger threatens to tear this country apart, nobody is thinking about those who die when giving life. Yet the lifetime risk of death from pregnancy in Kenya is one to 39 as compared to one in 17,400 in Sweden.

Doctors say pregnancy is a dangerous undertaking in Kenya today. Younger women are even at greater risk of death and injury as they are up to three times more likely to suffer complications than older women.

Poor health facilities There are major regional disparities: In Nairobi between eight and nine out of 10 babies are delivered in health facilities while in North eastern, up to between eight and 10 babies are born at home without the help of skilled medical personnel severely compromising the lives of the mother and baby.

These shocking numbers talk of deaths that can be avoided, yet many more women get disabilities as a result of pregnancy. As one woman dies from pregnancy related consequences, another 30 suffer disability from the same.

Kidula says: “Women in Kenya are dying because of pregnancies and other related causes.” She adds: “When women die from pregnancies and related causes or get disabilities because of pregnancies it is considered normal.”

She reiterates that malaria compounds the situation and makes it worse.

“If you add malaria to a pregnancy, it starts behaving differently from how it would in a normal person.”

“Safe motherhood is a right and no one should die or suffer disability from it,” Kidula says.

Why do so many women in Kenya die when they should be alive? Kenya has been accused of not investing in women.

There is low investment in maternal health. As is the case with other countries, maternal health is largely dependent on development partners and investment in health remains low. Kenya’s health

budget remains low and is only about six percent of the total national budget.

In 1995 when women met in Beijing to celebrate the fourth United Nations Women’s meeting, the issue of women being in leadership and taking up decision making positions did not escape their minds.

Then the Beijing Platform for Action recognised in its commitment to action that: “Women’s right to the enjoyment of the highest standard of health must be secured throughout the whole life cycle in equality with men… It recognised that good health is essential to leading a productive and fulfilling life, and the right of all women to control all aspects of their health, in particular their own fertility, is basic to their empowerment.”

At a meeting to interrogate the state of maternal health that was attended by Kenya Women’s Parliamentary Association (Kewopa) and development partners, Kidula took policy makers to task by wondering if there should not be a commission of inquiry set to investigate maternal deaths.

She says that when a mother dies, there is a snowballing effect and many matters come to play. For one Kidula says, the baby will most probably die with the mother or soon after her. She adds: “The family will be destroyed in the absence of the mother as it will not be able to hold together.”

The doctor explains. “Children will also drop out of school as there will be nobody to guide them and the whole set up will disintegrate.”

She stresses: “Women are the cornerstone of economic development and when they die a nation cannot develop.”

MDGs In September, heads of States and governments will be meeting in New York to review Millennium Development Goals, which are development targets that they set with a 15 year term.

One of the goals, and Goal number Five to be specific looks at reducing maternal mortality and improving maternal health. Statistics from Kenya, among other developing countries are not giving any indication that this will be met.

Among the other goals, this target of improving maternal health has made the least progress. It is the most underfunded of all MDGs. Globally the MDGs were accepted as the path to poverty eradication, but from what is emerging, they seem to have lost direction.

According to Mrs Linah Jebii Kilimo the statistics will continue being worse as long as men remain the gatekeepers and decision makers. “Men have put in place rigid rules when it’s not about men,” she said. “Leaders must understand that the foundation of the nation is the women and we must keep them alive.”

Kilimo who is the chairperson of the KEWOPA says other than patriarchy being a stumbling block to improving women’s health, culture and myths are to blame for the large number of women dying from pregnancy related consequences. “There is need to create awareness among women on the need to attend clinic during pregnancy,” Kilimo reiterates.

A woman holding her baby. Many women are never this lucky as they die giving birth. to act now, today and not tomorrow. We have to look inside before we look outside with what we have in our hands.”

The meeting challenged law makers to play a vital role in making maternal survival a national priority and supporting enactment of supportive legislation that addresses root causes of maternal death and disability from pregnancy.

Currently, the Reproductive Health Bill is gathering dust in the shelves of the Public Health Ministry as it has been politicised to what is now referred to as the abortion bill. Yet the numbers of women dying from pregnancy and its related consequences keeps on rising.

Parliamentarians, through the Constituency Development Funds, credit themselves for having brought medical facilities closer to the people. These are however just structures that lack skilled staff and supplies.

Lack of supplies According to Kidula many CDF facilities do not conform to the approved standards set by the Ministry of Health.

While supplies needed for maternal health are cheap, they are often not available in most medical facilities. For instance, there is a big unmet need for

family planning as women are not able to access methods of choice.

Insecurity Kidula says: “We are worse off than we were in 1989.” In 1989, we had 53 percent of skilled attendants as opposed to 49 percent in 2009.” She regrets that even in urban areas women are dying for not being in a position to access health care because of simple things like security.

“It’s unfortunate that a woman in the slums may have to die at night because she cannot leave her house to get to hospital.”

Parliamentarians have a big role to play in ensuring mothers do not die giving life as this goes beyond politicking. They must engage leaders at the community level to ensure that maternal mortality reduction is a priority. They must also, as said by Kilimo, influence community norms and values related to maternal survival and care during childbirth including male involvement.

MDG Five can be achieved but only if there is political will and financial investment. The government should increase financial allocations for maternal

Leaders challenged She challenges leaders, and specifically politicians to stop maternal deaths by influencing a culture that stops women from using health facilities when pregnant. For instance, there are cultures that prevent women from seeking health care with a first pregnancy for fear of undergoing caesarean section.

However, both Kidula and Kilimo decry the poor state of health facilities in most areas. They regretted that most women had to walk many miles to access the right facilities for pregnancy care.

Even as she appeals to development partners to help, Kilimo says: “We need

“Take the case of an accident involving 500 16-seater matatus; or 100 80-seater matatus and all people on board perish. These numbers translate to 8,000. These are the number of maternal deaths experienced in Kenya every year. In other words, every hour a woman dies from pregnancy related causes, this makes it about 21 women, on average, dying every day from pregnancy related consequences in Kenya.”

health programmes to ensure all women in Kenya, regardless of their social status, have access to the quality maternal health services they need to go through pregnancy and child birth safely.

The four priority health interventions that can significantly reduce deaths and disability include: Family planning; skilled birth attendants; emergency obstetric care to manage pregnancy and childbirth complications and immediate postpartum care for mothers and newborns.

Reasons to take action Maternal health must be recognised as a human right first as maternal deaths are a gross violation of women’s human rights. Governments have an obligation to protect women’s right to life, health and equality; The fulfilment of these obligations is essential in reducing maternal deaths Addressing safe motherhood is a human rights imperative. Maternal death and disability contribute to poverty and pose a serious challenge to broader socio-economic development. The death and disability of a mother hinders child survival, destroys families, takes children out of school and lowers household and community economic productivity.

By committing to the necessary political and financial investment, a number of countries have proven that progress in reducing maternal deaths is feasible and achieveable.

Empowering girls and women through education. Educating girls has long-lasting benefits. Women who have completed at least primary education have a greater say over their sexual and reproductive lives. Girls’ education is the single most important tool for women’s empowerment and female education is the single most influential factor in improving child health and reducing infant mortality.

12

Issue Number 06 • June 2010

Pastoralists women in Laikipia North listen to words of advice from their donor after receiving camels. Picture: Paul Mwaniki

Women riding to economic freedom …By PAUL MWANIKI or generations, livestock ownership has been a preserve for men in the pastoralist Laikipia North region.

Women are only left to look after the young animals which cannot make it to the grazing grounds. This is in addition to, as well as performing other domestic chores.

F

Social imbalance On market days, the man solely decides which animal is to be sold with no input from the wife other than escorting the animal(s) to the market centre.

After the sale and the purchase of basic needs from proceeds of the sale, the woman leaves for home as the man remains at the nearby shopping centre to enjoy “his sweat”.

Fortunately for the long-suffering womenfolk in the pastoralist regions, this unjust lifestyle is slowly and unobtrusively coming to an end.

Why camel Rather than delve into cattle, sheep and goat keeping in a direct challenge to the menfolk, the women have instead opted for the camel, and they are succeeding.

A group of 40 women from Momonyot Location in Laikipia North District recently realised this dream by becoming the latest beneficiaries of 40 camels from the Arid and Semi Arid Lands (ASAL) in Nanyuki. The government venture cost over KSh600,000.

Naramat Self Help Women’s Group received the camels, a year after another group of women from Mukogodo in the same district, got 30 camels from the same department under the Minis-

try of Northern Kenya Development of Arid and Semi Arid Areas.

The project The camel project aims at promoting self dependence among women in the harsh region that spans most of northern and north-eastern Kenya.

Speaking during the handing over ceremony at DolDol town, the Deputy District Drought Management Officer, Mr Jama Maalim said drought-resistant animals do well in the region compared to other livestock.

He noted that during the recent long drought, thousands of cattle perished and camels were the only animals that survived.

“I urge the beneficiaries of this project to take good care of these animals as they will be a good source of milk for your families and also for sale,” advised Maalim.

A beneficiary from the group, Mrs Salome Meipusi, recalls that during the drought women and children are left at home as their husbands drive away all animals in search of pasture.

“We face a lot of suffering when the animals which are our only source of livelihood are away since there is neither milk for the young children nor food for us,” says Meipusi. She adds: “But now with the camels which do not need to go

anywhere, we are assured of good life.”

She gives the example of a neighbour at her village who had a camel during the drought but escaped its ravages as she would sell camel milk to locals whose cattle had been driven away.

The chairlady of the group, Mrs Mary King’au, observes that although the proposal they had presented to the ministry seeking to be given camels, took five years before materialising, they were happy with what they had been given.

She attributed the success to the women’s resilience and patience, never giving up hope that they would realise their dreams.

Strategising “All along we have involved ourselves in workshops and seminars to familiarise ourselves with the proper management of camels and other small businesses as well as how we can support our families in times of problems,” she says.

But even as they celebrate their success, the women cannot escape the likelihood of surrendering part ownership of the camels to their husbands, especially once the project becomes a big success.

The greater worry is if they were to eventually surrender total ownership of the camels to the men.

To protect the women from this

“We have come to learn that women can also manage animals, and by giving them these camels we are trying to change the tradition that only men can own livestock.”

— Mr Jama Maalim, Deputy District Drought Management Officer.

possibility, Maalim proposed that the camels be taken care of jointly.

“We want the women to stay as a group in rearing the camels, since it is easier for them and they are able to form a cooperative to sell their milk which would also see them maximise profits,” he advises.

Tradition and culture The older men to whom the respect of old traditions and cultures is attributed, are opposed to the project as ownership of livestock by women is contrary to tradition.

Mzee John Ole Legei, 62, says it does not augur well for women to own livestock, especially if one is married and the husband is still alive.

“The husband and the morans (warriors) are the caretakers of the family stock and giving the woman the responsibility would mean that she will forget about the other household chores,” says Legei.

He is, however, not opposed to the project, as long as the husbands are included in the programme, given the fact that they are the heads of family.

The young generation The younger generation, however welcomes the project, noting that it holds great potential in bringing change for the better, and accelerating the banishment of retrogressive cultures in the region.

Francis Merinyi, a youth leader expresses satisfaction at the opportunity that has been provided to the women to prove their capabilities.

“I hope that the camel project will act as an eye opener to our fathers that even women can do more positive things in life and may be outdo them,” reiterates Merinyi.

Facts about camel milk

C

amel milk can be easily digested by lactose-intolerant individuals;

The lactoferrin in camel’s milk has antibacterial and antiviral properties; Camel milk has an apparent positive effect on breast cancer; It has three times the amount of vitamin C than cow’s milk and is rich in B vitamins and iron; It has been used to cure Autism, milk allergies, Tuberculosis and Crohn’s Disease; It has been used for centuries to treat liver disease, and studies have been performed for hepatitis and liver cancer with promising results; The immunoglobulin in camel milk has also been shown to protect against types of cancer.

He admits to attending a women’s seminar on camel management.

Camel milk is currently fetching over KSh100 per litre in the local market. A herd of camels is able to produce over 200 litres per day if well taken care of.

Maalim says the project will be expanded to more women in the pastoralist region, aided with the planned establishment of a camel milk processing factory in Nanyuki town.

“We have come to learn that women can also manage animals, and by giving them these camels we are trying to change the tradition that only men can own livestock,” declares Maalim.

King’au thanked ASAL for the support and promised that the women would take good care of the animals.

13

Issue Number 06 • June 2010

Women who have financial powers 70 women make it to the world’s richest mom’s list of billion dollar fortunes

here are 70 billionaire moms in the world, and only eight of those women — including Meg Whitman and J.K. Rowling — earned their own way to vast riches. But none of those self-starters are among the world’s 10 richest moms, a group that is dominated by widows and daughters of the very rich.

Margaret C. Whitman, better known as Meg, has had a storied career. A graduate of Princeton and Harvard Business School, she worked at Procter& Gamble, before moving to California with her husband, a neurosurgeon who now works at Stanford Hospital. After successful stints at consulting firm Bain & Co., Disney and Hasbro, she joined eBay, then a small tech firm with 30 employees, as chief executive. In 2004 she debuted on Forbes’ World’s Billionaires List.

It was her own mother, Whitman writes in a book published by Random House this January, titled The Power of Many, who gave her “a bias toward action”. In an interview with ForbesWoman earlier this year, Whitman discussed the relationship, explaining that her mother, who eventually learned Mandarin and visited China 80 times, had taught her that “you don’t have to be perfect to be a leader, but you can’t be timid”.

Now that bias is leaning toward the governor’s mansion, as Whitman campaigns to replace California Governor Arnold Schwarzenegger in this political seat. During her campaign she has highlighted her mother’s adventurous spirit in driving Meg and her two siblings from their home in Long Island on camping trips to California. Today she includes her husband and her two sons as influences in her love of the West Coast.

They are sporty California residents, according to her campaign website, and as such are reasons she is so dedicated to the economically ailing state.

“If we let California fail, we all fail,” she says. “And we love California too much to let it fail. We have to work together to make it the place of our dreams again.”

For Whitman, motherhood was not a deterrent to her success, but an aid, lending what she now says is inspiration and support during her current political endeavours.

That makes her somewhat unusual.

Whitman is one of just 70 billionaire moms in the world, and one of only eight mothers to have created her own billion-dollar fortune. (By contrast, there are 555 self-made billionaires who are fathers). The rest inherited fortunes from fathers or late husbands, including the world’s richest woman and mom, Christy Walton, whose husband John, son of the founder of Wal-Mart Stores, died in 2005 when his private plane crashed in Wyoming.

Not to be left out of self made billionaires is Oprah Winfrey. In 2009 she ranked 234 among the world’s top billionaires. The queen of daytime television continues to expand her empire.

This year, Oprah is expected to launch her own network, OWN, with Discovery, slated to be seen in 70 million homes. The network will be just the latest venture for the Chicago-based talkshow queen, who also runs a magazine (O) that’s coming up on its 10th year; a production studio, Harpo; a Web site, Oprah.com; a satellite radio show; a Broadway production arm; and a book club that’s widely revered for its power to make or break book sales. Spends

T

J.K. Rowling

complaint filed by Bettencourt-Meyers, who is dubious of her mother’s judgment in spending her wealth. Liliane denies all, but has still been ordered to undergo psychological testing before a July trial.

A similarly unfortunate rift happened when Marilyn Carlson Nelson, chief executive of the Minnesota-based hospitality company Carlson Cos., relieved her son from his role as chief operating officer in 2007. Curtis Nelson, who reportedly used controlled substances and was arrested at least once for drunk driving, was terminated for “explosive”, “inconsistent” behaviour, derailing the trajectory he may have expected to follow to head the company himself.

Sourced from the Internet

Did you know Oprah Winfrey was the first African American to make it to the list of Forbes billionaires. She continues to expand her empire. increasing amounts of money and time on her charity work, including South African education projects where she donated $40 million to create the Leadership Academy for Girls in South Africa. Earning an upward of $2.5 billion Oprah continues to make more and more despite growing up in abject poverty.

Some other enterprising moms include Zara’s Rosalia Mera, whose two children apparently watched her make dressing gowns, just before she and her now-ex husband Amancio Ortega launched the Spanish clothing line. The Gap’s Doris Fisher and Benetton’s Guiliana Benetton also started clothing companies that went global and made their families among the richest in the world.

Joanne (JK) Rowling, author of the Harry Potter book franchise, has told the story of her difficult days in Edinburgh, Scotland, where she had moved with her first child after a painful di-

vorce to be near her sister. Rowling now has two more children with her current husband. The advance from the manuscript for Harry Potter and the Philosopher’s Stone, which she wrote in cafes in Edinburgh, paid rent on the meagre flat she shared with her first child while they were subsisting on welfare.

Those who inherit opportunity often use it to continue their own ambitious climb. Abigail Johnson, with her father, controls Fidelity Investments.

The mutual fund company, the largest in the United States, was founded by her grandfather. She was promoted to chairman of the board of fixed income and asset allocation funds last year, and is believed by some to be her father’s chosen successor. She has raised two children with her husband.

Asia’s richest woman, Savitri Jindal, the widowed matriarch of OP Jindal Group, a steel and power conglomerate

in India, has nine children, more than any woman on the list. While she is non-executive chairman, her four sons have divided up the business and each run their own independent units. In the meantime she keeps herself busy with politics, having been re-elected in the assembly elections in her home state of Haryana last year.

But being a billionaire mom — or for that matter, the child of a billionaire mom — is not always easy.

Liliane Bettencourt, heiress to the L’Oreal cosmetics fortune, and her daughter have reportedly been off speaking terms as a result of Bettencourt’s patronage of a younger companion, an artist her daughter alleges accepted more than a billion dollars in gifts from the heiress. The relationship between Bettencourt and her 56-year-old daughter, Francoise Bettencourt-Meyers, is reflected in an unhappy light amid a legal

M

?

any characterise motherhood in terms of sacrifice. Human mothers put aside promising careers or save “pin money” for their children’s college education.

Animal mothers sometimes make astounding sacrifices, forfeiting their own lives for their children’s well-being.

Sockeye salmon, for instance, go through a metamorphosis on their trek to spawning grounds that radically changes the colour and shape of their heads. So serious is this change that they cannot eat, literally giving up their lives so that their eggs have a chance to mature. In fact, the mothers’ spent bodies actually become part of a food chain that later benefits their developing young.

14

Issue Number 06 • June 2010

Peace and conflict resolutions

What do these statutes portend for women?

Members of the mediation team joined by UN Secretary General Ban Ki Moon (fourth left) and chairperson Kofi Annan (centre). The team had two women negotiators Dr Sally Kosgei (second right) and Martha Karua (third left).

…By Njoki Wamai n October 2000, the United Nations member states recognised the role women played in efforts to bring about peace and security.

This was a historic moment as it was the first time the UN Security Council had attempted to correct the disproportionate representation of women in formal peace and security processes. Second, it was also important as the civil society played a significant role in influencing this process, something that was unheard of in the Security Council.

Following this, they passed Security Council Resolution 1325 which will be marking its 10th birthday on October 31.

Resolution 1325 calls on international organisations, governments and nongovernment organisations to ensure full and equal participation of women in all peace and security roles. It also calls on them to mainstream gender in peace and conflict contexts such as conflict prevention, peacemaking, peacekeeping and peace building processes.

I

Role of women Women have been pivotal in conflict prevention, ending conflict and peace building phases. However, due to masculinities associated with security, they are rarely considered in formal decisionmaking processes.

Women have for a long time continued to provide early warning signs, which are largely ignored as most communities associate security decisions with mascu-

linity. Hence, it is the men who go to war, resolve and end the conflict while largely ignoring women’s perspectives.

Women’s abilities For instance, women will notice trigger indicators such as an influx of weapons in a community, refugee migration, rape, abductions, trafficking, hoarding of goods, sale of jewellery, reward for flawed masculinities and increased propaganda before a conflict. Despite these insights, security decision makers often ignore women’s views, which could be useful in conflict prevention.

During peace making, which may take a number of forms such as negotiation or better still mediated negotiations, women rarely sit at the table as mediators.

As a result, women’s views and aspirations in a new post conflict environment are never heard leading to an unsustainable agreement and more often than not resumption to violence.

Lack of a gendered approach in peacekeeping situations, normally established after a Security Council resolution, has far-reaching implications on the successful implementation of the peace

agreement and transition to the peacebuilding phase.

In cases where gender mainstreaming has not been effectively done, as in the case of Liberia, arms resurfaced in the community from female ex-combatants who had not been disarmed and demobilised effectively, partly leading to the reoccurrence of violence.

Participation Despite the passing of resolution 1325, little progress has been made in increasing participation of women in conflict prevention, protection and peace processes. To date, only 16 countries have produced national action plans to implement resolution 1325.

Women negotiators and observers in peace agreements account for less than 2.4 percent, and female mediators are almost non-existent. There have been few female special representatives to the Secretary General in peacekeeping operations.

The main challenge that has impeded effective implementation of resolution 1325 is lack of an effective accountability mechanism at international and national

Women negotiators and observers in peace agreements account for less than 2.4 percent, and female mediators are almost non-existent. There have been few female special representatives to the Secretary General in peacekeeping operations.

levels for women. Consequently, a number of factors have continued to impede this resolution.

Some of these factors include lack of a monitoring and reporting mechanism.

There is also lack of an answerability mechanism for perpetrators as well as a system that regularly reviews procedures.

Lack of political will from member states to account for the resolution has been a barrier, so has been lack of a focal point at the UN to provide leadership. However, lack of a compliance mechanism has been a major setback in realising gains for women in the context of peace and security.

Security Council These challenges inspired civil society organisations and friendly governments to lobby the Security Council for greater accountability mechanisms for sexual violence related crimes and participation of women. This culminated to the passing of Security Council Resolution 1820 (2008), 1888 (2009) and 1889 (2009).

Specifically, Security Council Resolution 1820 was meant to expand resolution 1325 by specifically making rape a war crime or effectively a crime against humanity. This resolution calls on governments and the International Criminal Court to persecute perpetrators of violence who use rape as a weapon of war.

The introduction of this resolution saw a number of warlords indicted by the International Criminal Court for crimes against humanity.

Additionally, Security Council Resolutions 1888 and 1889 passed in September 2009 expanded resolution 1820 and resolution 1325 respectively.

Resolution 1888 tasks the Secretary General to appoint experts to monitor and advice in situations of conflicts and related sexual violence against women and children.

Resolution 1889 reaffirms 1325 by calling on member states and the Secretary General to develop a strategy and concrete indicators to increase participation of women through training and appointment of women to his offices.

This resolution also calls for a reporting mechanism in which the Secretary General must submit a report on progress made within six months.

Encouragement These new developments have increased the momentum for women to further engage the UN Security Council and their governments in ensuring women, peace and security concerns are adequately addressed.

The responsibility now rests with the member states in the UN, African Union, regional economic communities and other civil society actors in ensuring these resolutions work for women. In doing so, they should ensure adequate resources for developing national action plans for resolutions 1325 and 1820.

Beyond action plans, political will is critical and governments should lead the way in making these resolutions a reality for men and women.

Executive Director: Rosemary Okello-Orlale Editorial Director: Arthur Okwemba Managing Editor: Jane Godia Contributors: The Kenyan Woman is a publication of African Woman and Child Feature Service E-mail: info@awcfs.org www.awcfs.org

Design & layout:

Joyce Chimbi, Mercy Mumo, Ibrahim Oruko, Judith Okal, Duncan Mboyah, Odenda Lumumba, Prof. Patricia Kameri-Mbote, Florence Sipalla, Joseph Warungu, Paul Mwaniki, Njoki Wamai Noel Lumbama (Noel Creative Media Ltd)

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