Kenyan Woman Issue 7 by African Woman & Child Feature Service

Issue Number 07 • July 2010

Invest in women

World out in clarion call to save a gender in danger

EDITORIAL Road to referendum marred with myths and misconceptions

s the referendum date continues to draw closer bringing the Constitutional review process to a conclusion, those campaigning for and against the proposed Constitution have geared up their efforts and strategies into ensuring that their side takes the vote home. The campaigns are necessary, even critical, because Kenya is a democratic state and every citizen has a right to reject or support the proposed Constitution, and even to remain neutral. However, in the spirit of patriotism and nation building, every individual has a responsibility and a duty to play a role in defining the course in the making of a nation that is solid and progressive. Although the spirit of the campaign is ideally to arm people with information, it is unfortunate that there have been allegations of people feeding the public with myths and misconceptions. Even more unfortunate is that these myths and misconceptions are not only made deliberately but also by people who have clout and are capable of swaying public opinion.

Propaganda and myths

A woman with a baby on her back. Many women die while giving birth in circumstances that could have been avoided. The world is calling for a stop to mothers dying when giving life. Picture: Courtesy of Women Deliver …By Jane Godia

ven as Kenya risks disintegrating into many small pieces over a clause on reproductive health within the Proposed Constitution, the world is coming out strongly on women’s health rights. The issue of whether abortion should be legal or not is no longer important. The startling statistics of mothers dying because of pregnancy and its related causes are shocking and have sent the world into a panic. What is important is that women have access to health care and that they do not die from issues related to reproductive health. While Kenya’s ministers for Health — Public and Medical Services — and other leaders were glaringly missing from the Second Women Deliver Conference. The conference that brought together 3,500 delegates from around the world, the clarion call was that the world must deliver solutions for girls and women. The Women Deliver Conference, held under the auspicious theme, Invest in Women — It Pays,

brought together women leaders, government ministers and officials, health organisations, United Nations, and World bank among key stakeholders to discuss and help bring solutions to the woman’s wanting state of health. The meetings took governments to task over policies that in effect have left mothers and girls dying in numbers that were getting too difficult to count. Gender blind policies were blamed for these startling statistics and it was realised that unless the world came together and acted fast, soon the women species will be gone. Global efforts are now being made to ensure that women do

not die giving life and governments are being taken to task over maternal mortality. The United Nations, led by Secretary General Ban Ki Moon is leading the world in putting women and children’s health at the centre of planning and budgeting. This is being done through the Joint Action Plan that builds a commitment to UN member states. The Joint Action Plan will be made available at the African Summit in July that also has maternal health as its main theme. The G8 under Canadian leadership have also made maternal health a priority. Even as Kenyan Christian and political leaders

“Investing in women is smart business. Economic empowerment of women was a key factor for the decade. A woman’s access to services determines the choices she makes and these include access to reproductive health services.” — Ms Obiageli Ezekwesili, Vice President World Bank

— majority being men — reject change under the disguise that the Proposed Constitution is calling for abortion to be legalised, none of them is talking about the poor state of women’s health that includes care and access. The Count Down to 2015 Maternal, Newborn and Child Survival Report that was released at the conference shows Kenya as one of the countries that has not made any progress towards achieving Millennium Development Goals (MDGs) by 2015. Kenya was quoted in the report as not having reduced annual rate of maternal deaths. While in 1990 Kenya had 105 maternal deaths per 1,000, in 2008 this number had increased to 128. The politics of Yes and No in the Constitution Review must take into account that women dying giving life is an issue that cannot be politicised. It is a reality that must be addressed immediately. Kenya must invest in her women, not only in law but also in finances as well as capacity and economic empowerment. Continued on page 7

In a meeting held in Murang’a, Central Kenya, it was revealed that the Church has been conducting seminars and meetings where these myths, in relation to the proposed Constitution, are propagated. Some of these myths touch on serious issues that can significantly sway public opinion. Issues such as those touching on land, homosexuality and abortion. It is, therefore, critical that the much hyped civic education is done comprehensively and in a manner that is inclusive so that potential voters estimated to be over 12.3 million understand the promise that document holds for them. If Kenyans vote from a platform of myths and misconception, then it is unfortunate that the millions of money spent on preparing this document will not only go down the drain, but citizens will have been denied an opportunity to make an informed and independent decision. This would consequently defeat the purpose of a referendum because it is a platform for people to vote on an issue of policy. The Constitution is a significant document because, in a country that is currently at a crossroad, it lays out a road map that guides the course of critical institutions which determine how a country can govern itself. What is happening in Kenya is, however, is not unusual. The road to a referendum is generally marred with underhand strategies. It is important that Kenyans drive the remaining stage as it is the final step and one that gives people the power to make their stand known. This document contains principles that will guide the future of this nation for generations to come. Every potential voter needs to approach this fourth and final stage of the Constitutional review process with a sober mind.

Issue Number 07 • July 2010

Hope for Maasai women in the Proposed Constitution

…By KABIA MATEGA

aasai women are happy with the gains that have been entrenched in the proposed Con-

stitution. Coming from a society where culture and tradition are deeply entrenched, the women are happy that they will have access to land and other family property ownership as prescribed in the new constitution.

Betrayal

During a civic education meeting on the proposed Constitution held at Olololunga, Narok South District, Maasai women narrated how they had been reduced to paupers after their husbands sold off family land and property without consulting them. ‘’My husband would hire a woman from Narok town whenever he appeared before the local land board to seek authority to sell family land,” said one woman who could not hide her frustrations. “The woman posed as his wife and consented to the sale of the land after which they would go on a spending spree,” narrated the mother of six now living in Narok town, relying on support of well wishers. She added: “When he came back, the new land owner had taken over. We had to relocate to live with relatives who later evicted us.’’ And as the women learnt more about what is contained in the pro-

posed Constitution, the women are happy they expressed their happiness with the affirmative action that will see more women in positions of decision making, something that Maasai women have just been dreaming about. While among many other communities in Kenya women have ascended to positions of leadership and decision making, Maasai women have not been allowed to hold any leadership position, not even as low as being a location chief. Ms Mary Simat recalled how she was denied the opportunity of being a chief for Naroosura Location even after she presented to the interview panel her academic papers that were much better than those of the men who applied for the same job.

Constitution

“After they denied me the job because I was a woman, I decided to join the fight for women’s rights among the Maasai,” explained Simat. She added: “I appreciate that the new Constitution has many gains for women in all sectors of life.’’ A civic leader with Narok County Council, Ms Agnes Pareiyo, who has twice been denied the position

of council chair, has had to step aside for her running mate, a man, and settled for second position. It was with joyful delight that the women listened attentively to civic educators who focused mainly on women’s gains in the proposed Constitution.

Torch bearer

And all over Maasai land women are gunning for the proposed Constitution to pass. In another related forum, Ms Lydia Naneu Ntimama was picked as the South Rift Valley ODM Women Democrat League torch bearer during the referendum campaign. Ntimama was nominated by more than 200 representatives of various women and child rights organisations in the region. The one day civic education exercise for women leaders underscored the need to step up the sensitisation campaign in rural areas where women were still holding onto outdated cultural cocoons due to high the high level of illiteracy among them. The forum heard how women, especially among the Maasai, have never had the freedom of voting according to their choice. They have

“My husband would hire a woman from Narok town whenever he appeared before the local land board to seek authority to sell family land.” — a Maasai woman from Narok

A group of Maasai women listen keenly to a speaker at a rally on the upcoming referendum. Many Maasai women have been denied, through culture, an opportunity to own land. Picture: Kabia Matega. been forcefully dictated to by men on who to vote for during the past general elections and referendum. ‘’Men carry with them their wives’ identity and voter cards in a bid to intimidate the women and a good number may have not been able to register for the new voters cards,’’ said Ms Pauline Kinyarkuo, a women’s mobiliser from Central Division, Narok North District. Two women Members of Parliament, Dr Joyce Laboso and Ms Beatrice Kones who also attended the workshop appreciated that through aggressive sensitisation campaigns,

many women in the rural areas will be reached. “The programme we have come up with will enable those doing civic education to reach all corners,” Kones assured the women. She stressed that she belonged to the ‘Yes’ team that supported the proposed Constitution. Ntimama said poems and traditional songs would be used to pass the message to those rural areas while men will be sensitised to cooperate and allow the women exercise their democratic right without intimidation.

New law comes with many good things Lawyers urge Kenyans

…By Joyce Chimbi

he Proposed Constitution has continued to saturate public debate and discourse. It has been a long journey and there is a feeling that the upcoming referendum scheduled for August 4, will be a defining moment in Kenya’s history. Not only because Kenyans will go back to the ballot to decide whether the Proposed Law speaks for them, but also because there is general public awareness of just how significant this process is.

New Constitution Kenya is at crossroads and for it to move forward there is need for another Constitution that speaks to the changing times. Although the Constitution is for all Kenyans, marginalized communities see it as a solution to moving away from the periphery of decision making processes. Key among the marginalized are the women, although statistically they are a majority, they have not been at the helm of key decision making processes. “Across the country, women are seeking for more representation, in Parliament as well as in other forums where serious decisions are made, decisions that define how we move forward as a country,” explains

Ms Amina Zuberi from Mombasa. “It is important that women look at this document, read and internalise it then vote from a position of knowledge, based not on emotions but principle.”

Voter registration According to the latest data from the Interim Independent Electoral Committee, women failed to turn up as expected to register as voters. This consequently means that fewer women than expected will turn up for the referendum vote. However, that is not to say that all is lost. If the sentiments expressed by a section of women from the Coast province are anything to go by, women were determined to make their presence felt during the defining referendum. “Women have been fighting for equal rights for a long time. The Proposed Constitution has many clauses that are very beneficial to women,” says Ms Mishi Juma, also from

Every individual has a right to support or reject the document and no one should be punished for the position they will take.

Mombasa. She adds: “Whether it is dual citizenship, right to own property and to inherit, more legislative representation, it is all in there. This document is speaking to our plight.” Juma says: “It is not enough that we understand this. If we do not turn up to vote, then this struggle for gender equality will be far from over.” During this meeting, regardless of whether one accepts or rejects the document, the rationale was to emphasise on voting based on principle. This, therefore, means every individual eligible to vote ought to ask themselves whether this is the document that will take Kenyans to the next level, or there is need for a few adjustments in various clauses. This is bearing in mind that a lot of effort, money and time has been invested towards bringing the Constitutional review process to the fourth and final stage where the public decides whether the document speaks to the dream of the nation. Regardless of the outcome of the referendum and even though the women agreed that there is need for massive civic education, the participants during this meeting also made great emphasis on the need to maintain peace. Saying that every individual has a right to support or reject the document and no one should be punished for the position they will take.

to support new law

lenged women lawyers to intensify civic education for the Prohe Federation of posed Constitution to Women Lawyers enable the people un(FIDA) national derstand and make an chairperson Ms Naomi informed decision. Wagereka has called on Akide narrated women to campaign how lawyers in this vigorously for the apcountry have been at proval of the enactment Naomi Wagereka: the forefront in fightof the Proposed Consti“Proposed constitution ing for the enactment tution into law. Wagereka reiter- entrenches affirmative of the new Constituaction. tion for many years. ated the fact that the “The fight for the Proposed Constitution entrenches Affirmative Action that new Constitution has been due to has been the bone of contention in excessive powers that the existing Constitution has led has contribthe past. “With one third of positions re- uted to the dictatorial management served for women in the Proposed of this country,” he said. Akide noted that during the Constitution, women will for the first time have an opportunity to struggle for the Constitution change make meaningful contributions that has lasted 20 years, the issues in the development process of this of Kadhi’s Court, abortion and land were not the bone of contention as country,” she said. Wagereka was speaking at the those now opposing the Proposed launch of the Gender Responsive Constitution purport. He urged lawyers countrywide Budgeting Report that has been to conduct civic education in the published by FIDA. Speaking at the same function, villages to ensure that those lying chairman of the Law Society of in their campaigns against the proKenya (LSK) Mr Ken Akide chal- posed law are defeated. …By Duncan Mboya

Issue Number 07 • July 2010

The one who dared Charity Ngilu defied all odds to tread on male dominated grounds

…By James Mwanzia

oday she strides the country as minister in charge of Water and Irrigation. And as you watch her speak on matters political and water, Charity Ngilu remains one of the most colourful and resilient female politicians in Kenya. Ngilu made her debut into politics in the multiparty elections of 1992 where she surprised many by capturing the Kitui Central Constituency seat on a Democratic Party ticket.

Challenges

“I fought hard and won the seat despite the many hurdles that lay ahead,” says Ngilu. At the time she was joining politics, Ukambani region was under the control of the then powerful Kanu regime and whose lieutenants were led by party supremo, the late Mulu Mutisya. It was not easy for Ngilu then as patriarchy was a dominant factor and an obstacle to her blossoming career. “They campaigned against me using state resources but they lost the game,” recalls Ngilu. She, therefore, made it clear that underhandedness was not going to derail her. Ngilu had big plans and soon enough she dared to go where only tough men tread by gunning for the top seat. In the 1997 General Elections, she made history by running for the presidency along with Wangari Maathai to become the first ever female presidential candidates in Kenya. Ngilu then represented the Social Democratic Party (SDP) of Kenya and finished fifth. Her symbol was a ticking clock and may would speak of her as “Masaa ni ya Ngilu (the times belong to Ngilu)”. Strong forces were against her. Many questioned why and wondered how a woman would endure the hostile political climate.

Role model Powerful President Moi was still in the house and he was not going to let go of power, and especially to a woman. Not only was she tear-gassed and her rallies broken up by police, her convoy was stoned many times. Despite all these challenges, Ngilu has no regrets. “Women had been marginalised in top political leadership and I wanted women to have a voice,” she reiterates. The MP adds: “We made a point that women cannot continue being ignored in politics.” SDP supported her move and women all over the country received her candidature positively. In that year, her party won five seats in Central Kenya, a region that normally voted as a bloc. “The women supported me all over the country, it is the men who were not ready for a female president,” she says. Ngilu reiterates: “The environment is now much better and men have realised that women are much better leaders as they just want to serve and stick to what they have said they will do.” She adds that the future is very

bright for women in politics adding that they have a role to play in shaping the history of the nation. She challenges women to join elective politics because they have the numerical strength to make a difference in politics. The Minister advises women to be ready to enjoy the upcoming gains since with the new laws there will be special seats that are exclusively for women. “However, women must also come out and fight for elective positions,” she urges. Speaking in support of the new laws that the country will be voting for come August 4, Ngilu explains: “The proposed Constitution is good for women because they have many gains especially in land and property inheritance.” Says the Minister: “The proposed Constitution will especially protect widows who have often lost property when the husband dies.” She adds: “And not to be left out of the gains are the single unmarried women who will also have a chance to inherit property from their fathers.” At the moment, Ngilu is a key player in ODM despite having been elected on a Narc ticket, a party in which she is the de-facto leader.

Political ambition Asked whether she still harbours Presidential ambitions, Ngilu says she will let Kenyans know of her plans but currently she is working on reforms and empowering women. But what has been the secret to her survival in the hostile political atmosphere? Ngilu has been successful because of the unique grassroots structures that she has worked at and maintained. She says: “I realised that women are very loyal and I have, therefore, maintained a strong network in women’s and youth groups.” She adds: “I have also encouraged men to form networks and I have won quite a number on my side.” The Minister has particularly encouraged women to maintain the chamas (merry-go-round groups) because they help to empower women financially. She says: “A woman who is empowered financially is also empowered politically and will not be easily manipulated by male politicians.” So does she have the money? Yes, she runs small businesses in the city and these have helped prop her in politics. She also has a wide network of friends who support her vision and mission. Ngilu advises women that political empowerment will not come for the faint hearted. “Politics is for the strong hearted and female candidates have all the odds against them. They must avoid getting back at opponents through mudslinging as they get out murkier,” she says. She urges: “Never hit back but stick to issues and not fall on traps set by men.” The journey that she has taken has had many corners and valleys that she has had to cross to reach where she is today. Following intrigues in the SDP, Ngilu joined the National Party of Kenya and in the run up to the 2002

Charity Ngilu has maintained a tight hold on her constituents and is respected for having dared go for the presidency. Picture: Correspondent. general election brought together President Kibaki and Michael Wamalwa Kijana, to form the National Alliance Party of Kenya (NAK). The team was later joined by other progressive leaders who quit KANU, the then ruling elite, to rebel against the move by President Moi to endorse Uhuru Kenyatta as the Kanu candidate to form the National Rainbow Coalition (NARC). The coalition went on to win the elections, ending KANU’s reign on power for over four decades. Ngilu won her parliamentary seat and President Kibaki appointed her Minister of Health when he named his Cabinet on January 3, 2003. A controversial and independent politician, Ngilu has severally rubbed shoulders the wrong way with fellow ministers and law enforcers. On July 31, 2007, Ngilu took Ann Njogu, a protester, and an award winning human rights activist to hospital after the latter had allegedly been beaten by police following a demon-

stration. Ngilu was then accused of helping Njogu escape from police custody leading to the minister’s arrest and interrogation for nearly 10 hours. Njogu had been arrested for protesting jointly with other activists on the plan by MPs to award themselves bulky pay increments before the end their term in Parliament. Angered by the detention without trial of the activist, Ngilu walked to the police station at night to free Njogu. “I cannot be intimidated by whatever forces especially when fighting for the rights of the downtrodden,” says Ngilu. In the run up to the 2007 polls, Ngilu announced her support for the Orange Democratic Movement and its presidential candidate, Raila Odinga. Kibaki subsequently sacked her from the Cabinet for taking this stand. Ngilu was re-elected the Kitui Central MP in the 2007 polls, despite a strong campaign against her by ODM-Ke-

“I realised that women are very loyal and I have, therefore, maintained a strong network in women’s and youth groups.” — Charity Ngilu

nya leaders led by its party presidential candidate Kalonzo Musyoka. And when the grand coalition Cabinet was named on April 13, 2008 and sworn in on April 17, she was appointed Water and Irrigation Minister.

Grassroot support Ngilu is a staunch ally of Prime Minister Raila Odinga and has played a key role in making inroads for the PM in parts of Ukambani. A shrewd grassroots operator, Ngilu has managed to rope in some of Kalonzo’s former allies in the region into her camp, giving the VP sleepless nights. Raila’s recent tour of Ukambani has opened new political power play in the region, with former MPs taking the centre stage to popularise the PM in Ukambani that is generally viewed as Kalonzo’s backyard. She says Raila’s march to State House is unstoppable. “He is a leader Kenyans can trust and his track record in fighting for justice is well known,” she says. On the Constitution, Ngilu says that the time is ripe adding Kenyans should vote ‘Yes’ for the proposed Constitution during the referendum.

Issue Number 07 • July 2010

50 years of being stateless

Kariungi Musyoka talks of her frustrations in trying to acquire an ID

Kibera women’s hands tied

…By Jane Godia

s the Constitution review process engages the gear to the finishing line, tales coming out of the goings on indicate that many people still do not know their

rights. The right to hold an identification document that is either a passport or identity card is an individual’s human right. However not many have access to this right that is given to them by virtue of their being citizens of a specific country. The worst victims in this scenario are always women. Women have lost their major human rights of citizenship in Kenya. The current laws do not recognise women as bona fide citizens. Under the current Constitution a Kenyan woman’s citizenship is determined by her link to a man (either father or husband). The Proposed Constitution changes this position and introduces equality. A Kenyan woman’s citizenship will no longer be determined through her nexus to a man. A married Kenyan woman will also be able to confer citizenship to her foreign spouse and her child if the draft goes through the referendum. However, a major issue that is still infringing on women’s rights remains their identification documents and voter cards. As another season of voting sets in, very many women have registered as voters. But that is all.

Enlightened Women in Langas, Eldoret happy with their cards after registering as voters. Many women have not had the opportunity to vote because they do not have identity cards. Picture: Correspondent …By Kenyan Woman Writer

n the crowd of youthful women gathered outside the chief ’s office in Tharaka to register for their national identity cards, Kariungi Musyoka stands out conspicuously. As the names are called out, she shuffles along on the long queue, straining her ears to catch the meaning of the words in the lawyer’s voice as he explains the contents of an affidavit that has been prepared for her. Since she has no birth certificate, she needs to present the affidavit to the registrar of persons, to prove that she is who she says she is. Born 50 years ago, the mother of eight has lived her prime years without a national identity card. This has denied her freedom of movement as well as the rights and privileges that go with holding an ID. Asked why it had taken her this long to acquire the important document Kariungi says: “I tried to acquire the document when I was 25 but without a birth certificate or an affidavit, it became complicated and I gave up.” Asked what is behind her resolve to get an ID so late in life, she answered that it was her gateway to a better life.

Struggle “I want the ID so that I can vote in the elections this time around and travel to Mwingi without worrying about being arrested by the police just because I cannot prove that I am a Kenyan,” she said. Kariungi says that the first time she applied for an ID, she was told that at 25 she was over-age and she had to get an affidavit from a lawyer. This cost was beyond her at the time. In the following years, she failed to raise KSh600 needed to travel to Mwingi to register for an ID, and an additional KSh1000 that was required of her to swear an affidavit with a lawyer among other costs.

Kariungi is not alone in this plight. There are thousands of women like her in Tharaka without identity cards. One of them is Naomi Kamunda Musumbi who is 34 years old and has no ID because she could not raise the KSh600 fare for the roundtrip to Mwingi and Tharaka. A second challenge is that the only bus in that area leaves her village at 5.00 am in the morning and returns at dusk. “We live in an area that is famous for poverty and famine,” she says. “It would help if the Government would bring services closer to the people,” she said. The distance between Mwingi and Tharaka is 105 kilometres on a dusty rough road that takes close to two hours to navigate through riverbeds and unfinished bridges. When it rains, it is not strange for villages to be cut off from the rest of the district as roads become impassable. The area has a total population of close to 20,000 people, with a paltry 3,800-registered voters, majority of whom are men. According to the area chief, Mr Sammy Maoki: “People here have not been sensitised on their rights hence the low ID registration.” Maoki blames a cult like movement in the area that has been a major barrier towards acquisition of IDs. “We have a sect here called Kavonokia,

“I want the ID so that I can vote in the elections this time around and travel to Mwingi without worrying about being arrested by the police just because I cannot prove that I am a Kenyan.” — Kariungi Musyoka

which condemns modern day practices and people listen to them and follow what they say,” explains the chief. However, he says he has initiated a crackdown on the sect that has seen three of its leaders arrested. “That alone has shown the people that their leaders are not indispensable. Now they are starting to embrace government initiatives,” Maoki explains. Mr. John Kinyua, a lawyer who was born in Tharaka, has volunteered to administer the affidavits to the women who need them. He says widespread poverty is an impediment to the registration of people in the area. “When people are torn between finding food and travelling to Mwingi for an ID, they would rather live without it than die hungry,” he says.

subsidised cost The District Registrar of Persons, Mr Mukora Muriungi, attributes the low registration figures to the influence of sects, poverty and the distances between villages and the administrative centres. The Government recognises these challenges and the strategy is to bring services closer to the people. “We shall go to the people rather than wait for people to find us,” says Muriungi. A local NGO in the area facilitated the process in Tharaka at the end of March by subsidising the cost of preparing the affidavits. It is estimated that there are close to 328,000 people in Mwingi District. Muriungi says people in the area need to register their children at birth to avoid the added expense of seeking out lawyers later in life to prepare affidavits. “When you are registered at birth, there are records to show the day you were born and it simplifies the registration process,” he explains.

Many women are now more aware of what is going on. They have known the need to register as Kenyan citizens and also as voters. What is emerging is that a majority of these women are not in possession of their IDs or voters cards. These are being kept by their husbands. Speaking at a media dialogue between women leaders and journalists, women from Kibera, Lang’ata Constituency said that many of them have had their identity and voter cards confiscated by their husbands. “Many of the women here are not in possession of their voters cards. These have been taken away from them by their husbands,” said Ms Emmaculate Musya, of Neema Mema Women’s Group. But the women are not lying on their laurels hoping that one day the men will easily hand back the documents to them. They say that they know the husbands will want to dictate to them which way to vote. “Those whose cards have been confiscate are reapplying under the aegis that they have lost the ones they had,” Musya says. Reiterating that there are aware of women’s gains in the Proposed Constitution, the group said they know which way to vote and nobody is going to mislead them voters card or not. “We know about our rights even though these men think we do not know what is good for us,” said one member of the group. And this is clearly stated in the Proposed Constitution on Article 38 (3) which states: Every adult citizen has the right, without unreasonable restrictions: (a) to be registered as a voter, (b) to vote by secret ballot in any election or referendum. The women said they fully supported the Proposed Constitution and were ready to overcome all barriers to make sure that they exercised their democratic right to vote, even if it meant applying for new IDs and voter’s cards. The women who feared that they will not vote as men wanted them in the village during the voting period, said the government must find a way of stopping men from dictating to women over their democratic rights as it loses purpose when one is told which way to vote.

Issue Number 07 • July 2010

The gender perspective Yash Pal Ghai has given a critical analysis of the Proposed Constitution in comparison to what is contained in the current Constitution. The KenyanWoman picks highlights of issues that have a direct relation to women. This issue looks at the gender factor

riven perhaps by a sense of past injustice and exclusion, women have always been very active in the Constitution review process

in Kenya. And gender equity has been a central value of the various Review Acts — though curiously the 2008 Act is less forceful and detailed on this than the 2000 Act. It is important to remember that there may be some instances in which laws or practices work against men. You may have read some claims that women will do very well under the Proposed Constitution, and some suggestions that they have lost out.

The Proposed Constitution Equality and non-discrimination

The most basic of all rights for groups that experience discrimination is of course the right to equality. The current Constitution does say that there must be no discrimination of the grounds of sex. But the Proposed Constitution is fuller and more explicit: there must also be no discrimination on the grounds of pregnancy, marital status and birth (the last refers particularly to whether a person was born in wedlock, and can cover the place or other circumstances of a person’s birth) or health status (that would refer to being HIV positive) (Article 27). It emphasises that women have the right to equal treatment including rights to equal opportunity in the fields of politics, economy, culture and society (Article 27), in equal rights to marry, during the marriage and in the case of divorce (Article 45). There are also equal rights to pass citizenship to children and to become a citizen or have one’s spouse become a citizen (Articles 14, 15). Much discrimination against women comes from society and not the State. It is important, therefore, that everyone respects the rights (Article 20), and also that the State must protect the rights against interference (Article 21). Land policy should include elimination of gender discrimination (Article 60); gender

Maimuna Mwidau, Executive Director of the League of Muslim Women of Kenya leads women in saying Yes to the Proposed Constitution at Bomas of Kenya. Picture: Correspondent discrimination is probably particularly found in customary law, and there is also a provision that customary law must respect the human rights (Article 2(4)).

Representation and inclusion Other important provisions relate to representation in elected bodies, appointed bodies and in employment in the public service (there is some further discussion of these below): Special seats for women in the Senate (16 at least, plus one woman representing youth and one representing persons with disability); Seats for women in the National Assembly (One from each county); A requirement that a law be passed to promote the representation of women in Parliament; Special seats in county assemblies to ensure that at least one-third of the members are women (and at least one third men); A certain number of women in the Parliamentary Service Commission (at least four out of the 11 members — Article 127 (2)) and at least three women among the 11 members of the Judicial Service Commission (Article 171 (2)); The Judicial Service Commission must be guided in its work by the principle of gender equality (Article 172(2)); The State must implement “the principle that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender” (Article 27(8)); There must be equal opportunities in the public service for men and women in ap-

pointment, training and advancement (Article 323(1)); National security organs must “reflect the diversity of the Kenyan people in equitable proportions” (Article 238).

Protective measures In various ways the State and its organs are to protect the interests and rights of women: The right to health care includes the right to reproductive health care (Article 43); There is a duty on the State to have programmes (including affirmative action) for groups disadvantaged by discrimination (Article 27(6)), which would include women; Land legislation must recognise and protect matrimonial property including the family home, and the protection of dependants of deceased persons including those in actual occupation of land — who will often be women (Article 68); The Human Rights and Equality Commission has a number of specific mandates including to promote gender equality and facilitate gender mainstreaming in national development (Article 59(1(b)).

What will the provisions mean? On elective representation

The guaranteed 47 seats in the National Assembly (one per county) is similar to provisions in Rwanda and Uganda (Rwanda has one of the highest proportions of women in parliament in the world). By itself it guarantees only 47 out of 349 members (excluding the Speaker) or 13.5 percent — not much better than now. The position of the 47 women will not be easy. They will have larger constituencies — a bigger area to campaign in, and

The situation in the county assemblies will perhaps be easier for women. Right from the beginning there are to be one-third women. And in the smaller assemblies the women members may find it easier to play an equal (or even more effective) role than men.

a bigger area to “take care of ” as constituency member. And there may be some risk that they are not treated really equally by their parties (that might think “those are just women’s seats”). On the other hand — they are to be elected by all the voters of the county, so if they do a good job they will be respected by all. Within five years there must be a new law to “promote” the representation of women, among other groups. Women should participate actively in the debates in Parliament on this law (and there will be probably be 47 county seat women to play their part in the debates). “Promote”, however, does not mean the same as “guarantee”. In the long run, it is surely better for women if they occupy seats voted for in the same way as men. Parties should be prepared to nominate them to stand for regular constituencies that they can win. After the Constitution is adopted, women can start to plan for this important piece of legislation, and for women to play their full part in political life. In the Senate there are to be at least 18 women out of a total of 67 (26.7 percent). Again this is not as many as one-third, but there could, and should, also be women put forward for winnable county seats. The position of the 18 guaranteed women will be even odder than that of the 47 women in the National Assembly. They will sit in a body that has power only over matters related to counties. They cannot force any position on their county representatives — they are only required to be consulted about how the county vote is to be cast. But again, the law to be passed within five years covers representation in the Senate as well, so our comments in the preceding paragraph apply here too. The situation in the county assemblies will perhaps be easier for women. Right from the beginning there are to be one-third women. And in the smaller assemblies the women members may find it easier to play an equal (or even more effective) role than men. Continued on page 6

Issue Number 07 • July 2010

Gender perspective in new law

Continued from page 5

But the peculiar rule about special seats in county assemblies — to ensure that no more than two-thirds of the members are of the same sex — probably means that for some time to come one-third women is the maximum number of women. Indeed, there is perhaps a risk that it will delay full equality for women — because if parties know that there will be special seats for women they will not bother to nominate women for regular seats. On the other hand — it will give women a chance to perform well, as we have seen, so hopefully by the quality of their contribution women will persuade parties to nominate them, and maybe the “special seats” will become unnecessary (unless and until there are so many women ward members that men have to be protected by special seats!).

On appointive presence

The State is supposed to take active steps to ensure that at least one-third of appointive state bodies are women. This will include commissions and even the national and county governments. It will be part of the responsibility of the Human Rights and Equality Commission to monitor this issue. And if there is inadequate action it might be possible for a case to be taken to court and ask the court at least to declare that the government is not carrying out its Nominated MPs Rachel Shebesh of ODM and Maison Leshoomo of PNU were nominated after it was made clear that parties must nominate women as well. Affirmative Action is deeply entrenched in the Proposed Constitution. Picture: Correspondent responsibility. The way the provision is worded does not seem to suggest that a body is unconstitutional if it is not gender balmen). Existing laws that do that are mainly cus- ditional dispute resolution mechanisms. But Similar provisions exist under the current Conanced in this way. But, if over time Parliament tomary laws. very often, unfortunately, traditions were not stitution, and under the Law of Succession Act. and the Government do not manage to achieve The requirement to protect especially the favourable to women. Various Kenyan laws, and So even if the new Constitution would not imthis balance, the courts might be persuaded to matrimonial property home will be partly sat- the present Constitution, protect customary law prove the situation of Muslim women in some be bolder in their response. isfied by a law that has been waiting for par- from the impact of the human rights provisions. people’s eyes, it would not make it worse. In the case of the Judiciary there is a different liamentary enactment for some time — giving Laws which discriminate are not contrary to the On language provision — about gender equality, as we have women a better position on divorce as far as current Constitution if they relate to ‘adoption, May be this a symbolic issue, but symbolseen. What does this mean? You might argue, property is concerned. Another protection marriage, divorce, burial, devolution of propism is important in a Constitution. Compare it means they should aim at having 50 percent (usually for women but it could be for men) is erty on death, or other matters of personal law’. the current Constitution: women judges. On the other hand, it might be a rule developed by the courts in some coun- That will no longer be the case as any law, in“No person shall be deprived of his right to interpreted to mean equality of opportunity. But tries that a spouse who is the registered owner cluding customary law, as we have seen, that is life intentionally….” as Article 27 says “Equality includes the full and or tenant of the family home cannot sell it over inconsistent with the Constitution will have no with the proposed: equal enjoyment of all rights and fundamental the head of his or her husband or wife, leaving legal effect. “Every person has the right to life”. freedoms” — and equality of opportunity for them without a home. The provision about deOn Muslim law See the difference? The current Constitution those who have been persistently discriminated pendants of those who have died may not add There is an exception to this last rule: the speaks always of males, and explains that this against is not enough to achieve full equality, much to the existing Kenyan law. human right to equality does not apply to Mus- includes females. The Proposed Constitution is not for many years. This is why Affirmative AcOn family and custom lim law relating to “personal status, marriage, always phrased so that it is not sex-specific; if tion is permitted, indeed sometimes required. Female circumcision is unlawful under the divorce and inheritance”, if that law is applied necessary it says “he or she”. This is not as bold It is also important that cases can be Children Act. “Early marriage” is also banned in Kadhi’s courts. This is mainly of importance or as positive as the South African Constitution brought before the courts to protect the inter— but the Matrimonial Causes Act seems to to women – because the issues likely to arise which always speaks of “a woman or a man” ests of groups (Article 22). Such a group could assume that African girls are married by 13! are things like favouring the father in custody in the context of holders of appointments. The be women. We know that the illegal practices persist. of children over a certain age, the limited pro- Proposed Constitution for Kenya moves from On land Women especially, and society more gener- vision for maintenance of wives after divorce, male-leaning (women invisible) language to Removing gender inequality in connection ally, must use the provisions in the Proposed and the difference in inheritance by women gender neutral, while the South African Conwith land does not mean that a person who Constitution that emphasise women’s rights, and men under Muslim law. stitution has what you might term “women chooses to leave his land only to his sons in a or these will be as much as dead letter as existIt is important to realise that this provision prominent” language. will cannot do so. But it will mean that there ing laws. was inserted (as long ago as the CKRC draft) Yash Pal Ghai was the chairman of the Constitumust be no laws that disadvantage women (or The Proposed Constitution encourages tra- because Muslim women said they wanted it. tion of Kenya Review Commission

Ten Reasons to vote Yes

or over two decades, the people of Kenya, have being striving to change our Constitution. We have wanted to reduce the powers of one central national government based in Nairobi and the powers of the Presidency as these powers have not been effectively controlled. We want a Constitution that contains checks and balances between the arms of government and which can control land grabbing, corruption, election rigging and violence. We want a Constitution that provides for more equitable distribution of resources and that protects the social,

economic, development and cultural rights of ALL Kenyans. The Proposed Constitution, set for referendum on August 4th, is a groundbreaking document that guarantees all Kenyans a new range of human rights and fundamental freedoms. Almost all of these essential and important protections cannot be found in the current Kenyan Constitution. Voting Yes to this draft will ensure that, for the first time, the people of Kenya are constitutionally entitled to these basic rights and freedoms — and the government is accountable for respecting, protecting and promoting these rights.

Failure to pass this Constitution would leave us with the current Constitution which does not protect the rights of all Kenyans. The Proposed Constitution: 1. Prohibits discrimination 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. 2. Protects the rights of all segments of society, including minorities and marginalized groups, children and youth, older persons, and persons with disabilities.

a. It protects minorities and marginalized groups, requiring the state to ensure that they: i. Participate and are represented in governance and other spheres of life; ii. Are provided special opportunities in educational and economic fields; iii. Are provided special opportunities for access to employment; iv. Develop their cultural values, languages and practices; and v. Have reasonable access to water, health services and infrastructure.

b. It guarantees children’s rights to, among other things: i. Free and compulsory basic education; ii. Basic nutrition, shelter and health care; iii. Be protected from abuse, neglect, harmful cultural practices, all forms of violence, inhuman treatment and punishment and hazardous or exploitative labour; and iv. Parental care and protection, which includes equal responsibility of the mother and father to provide for the child, Continued on page 9

Issue Number 07 • July 2010

Alarm over MDGs sounded on Africa Invest in Unmet contraceptive need to blame for the widening gap

women

…By Rosemary Okello

he World Bank is warning that Kenya and other African countries may not meet the Millennium Development Goals (MDGs) unless they invest heavily in family planning and reduce the maternal mortality rate. In its five year plan; Better Health for Women and Families; the World Bank’s Reproductive Health Action Plan 2010-2015, the Bank cites Kenya, Zimbabwe and Namibia as countries with much higher and unmet need for contraceptives for the poorest households which are associated with the earlier stages of decline. In these countries, the more educated, urban women want to space or limit births but are unable to obtain a suitable contraceptive method, the report says. This warning by one of the Bretton Woods Institution was pronounced just a few months before Heads of State gather in New York in September to report on the review of the MDGs after 10 years.

Continued from page 1

The conference was looking into issues of maternal and child health care. Women who cannot make decisions of their health, access health care and family planning and be economically independent are not able to make decisions regarding their lives and hence cannot be empowered. Speaker after speaker reiterated the fact that without women, the world was going to collapse.

Empowerment Speaking at the Women Deliver conference in Washington DC, Ms Obiageli Ezekwesili, Vice President of World Bank reiterated the fact that investing in women was smart business. Ezekwesili reaffirmed the fact that economic empowerment of women was a key factor for the decade. “A woman’s access to services determines the choices she makes and these include access to reproductive health services,” she stressed. She emphasised that even as the world scales up investment, other issues that affect women must be taken into consideration.

Maternal deaths In Kenya, the Kenya Demographic and Health Survey (KDHS), 20082009 estimates maternal mortality stands at 488 deaths per 100,000 live births much higher than the 414 reported in the KDHS, 2003. Globally, more than 350,000 women die each year because of pregnancy and childbirth complications. About 99 percent of these deaths, the report notes, occurred in developing countries and that 35 poor countries, mainly in sub-Saharan Africa have the world’s highest birth rate of more than five children per woman. Yet these countries also have the poorest social and economic results, with low levels of education, high death rates and extreme poverty. The high fertility rates and closely spaced pregnancies are to blame for low birth weight, pre-mature babies which can increase foetal death, neonatal death, maternal death and anaemia in pregnancies.

Conference The five-year-plan launched during the Women Deliver conference, in Washington, USA, acknowledges that better health for women and families lies in achieving the MDGs. The conference brought together more than 3,000 delegates from 140 countries to look into delivering solutions for girls and women on reproductive health issues. The report laments that the MDG 5 on maternal health is one where the least amount of progress has been made to date and strong concerted actions would need to be taken to achieve significant progress especially in the count-down to 2015. According to the Bank, complications of pregnancy and childbirth are the leading cause of death and disability among women of reproductive age. However, these can be prevented by improving women’s health and nutrition that could save millions of women in developing countries. The Bank says while most of the problems associated with maternal mortality and morbidity are wellknown, over half a million women still die every year due to complica-

Reproductive health

A pregnant woman. Africa has failed to meet Millennium Development Goal number Five that seeks to reduce maternal mortality. Picture: Correspondent. tions developed during pregnancy and child birth. The global consensus on maternal and neonatal health signed by bilateral and multilateral development agencies including the World Bank recognises that MDGs 4 and 5 will not be achieved without country leadership and the prioritisation of reproductive, maternal and newborn health. To reduce maternal and child mortality, the global consensus proposes five point plan: political, operational, and community leadership engagement; and evidence-based interventions using effective health systems. Other areas of consensus are: free services to women and children at the point of use; having skilled and motivated health workers in the right place at the right time; supporting

infrastructure, drugs and equipment for these workers, and accountability of results with robust monitoring and evaluation. Recognising that much needs to be done to achieve this consensus, the Bank’s Plan seeks to strengthen the health care system in 58 countries to ensure improved access to quality family planning and other reproductive health services, skilled birth attendance, emergency obstetric care and postnatal care for mothers and newborn. The Bank health financing in 2010 is, expected to triple to an unprecedented $4.1 billion— a 40 percent increase over the previous year’s record. This money will go towards supporting stronger health systems, boosting the prevention and treatment of communicable diseases as well as improving child and maternal

To reduce maternal and child mortality, the global consensus proposes five point plan: political, operational, and community leadership engagement; and evidence-based interventions using effective health systems.

health, hygiene and sanitation. In addition to maternal and child mortality, the other area the Bank will prioritise is adolescents and youth. More than half of them are sexually active and yet the use of condom among this group remains very low.

Poor access Access to services by this section of the population remains difficult because service providers often ignore their reproductive issues not because they discount their importance, but because they may not know how to talk about reproductive and sexual health concerns. For now, in order to assist countries in a renewed push toward meeting the MDG5, the Bank has initiated the development of a population and reproductive health strategy for African countries. It plans to assist countries by informing policy dialogue and raising awareness on reproductive health issues. The countries will also track resource flow for reproductive health and identify financing gap. Together with governments, the Bank plans to increase the level of effectiveness of lending and support for health system strengthening to address reproductive health in priority countries.

“The World Bank has put a lot of money in reproductive health, focusing on high fertility rates,” Ezekwesili said. She added: “The World Bank has so far devoted $4.1 billion on reproductive health issues that address better access to family planning as well as skilled health personnel.” Speaking at the same meeting, Ashley Judd, actress and Goodwill Ambassador for Population Services International (PSI) echoed Ezekwesili’s sentiments. “Economic empowerment is essential to achieving MDGs,” Judd said. She added: “When women earn their income, they are more likely to spend money on food, water medicine and other important family needs.” Governments must be held accountable to women’s lives and especially those dying when giving life.

Women’s rights Former President of Ireland and United Nations High Commissioner for Human Rights, Ms Mary Robinson, said women’s rights are also human rights and that includes their reproductive health. Robinson said: “There is need for leadership on this issue. You have to address all barriers in society with family and community including men and boys.” She regretted that in many parts of the world women are still second class citizens and the girl child is often aborted.

Issue Number 07 • July 2010

Targeting poverty to improve maternal health

A woman with her baby. High costs of health care have hindered many women from seeking skilled help particularly when pregnant. Picture: Correspondent.

…By Kenyan Woman Writer n 2000, the UN General Council adopted “Improve Maternal Health” as Goal 5 of the Millennium Development Goals (MDG). This goal has two targets: To reduce the maternal mortality ratio (MMR) by three-quarters between 1990 and 2015; and To achieve, by 2015, universal access to reproductive health. A decade into the MDG timeline, progress toward achieving the maternal health goal has been limited at best. Despite a decline in the MMR of 2.5 percent globally from 1990 to 2005 and a slight drop in every region of the world, the gains are still too little. The vast majority of maternal deaths — 80 percent — are due to complications experienced by women during pregnancy, at delivery, or within six weeks post delivery. Significant reductions in maternal mortality could be achieved if health services were

available to, and used by, all women during pregnancy, childbirth, and its immediate aftermath. However, to accomplish this goal, targeting both poverty and gender inequality, which affect the demand for, and supply of, maternal health care services, is essential. Such an approach is critical in order to maximise increased political will and greater investments to improve health care, including maternal health care. Poverty and gender inequality pose significant barriers to maternal health care access and utilization, and thereby impact maternal mortality. Different levels of effort are required to increase the availability and utilization of antenatal, delivery and post-natal services. Most of the research and programming in maternal health care to date focuses on the first two levels of maternal health care while post-natal services receive somewhat lesser attention. In all regions except Europe and Central Asia, less than 50 percent of women in the lowest wealth quintile deliver with support from a medically trained person. There is emerging evidence of the link between poverty and maternal deaths in low and middle-income countries. An analysis across 10 developing countries reveals that the proportion of women dying of maternal causes increases consistently with increasing poverty. Costs to health care are high, unpredictable, and possibly catastrophic for the poor and a barrier to utilization. Costs include those for facilities and services and involve both formal and informal fees, the cost of drugs and equipment, transport to a hospital or clinic, and the opportunity cost of time lost in getting to a hospital or other health facility as well as in receiving care. Formal fees often take the form of user charges made at the time of service and are typically financed out of pocket. Such fees can be relatively high, even in public health facilities, especially for the poor. A recent study in Indonesia showed that facility-based costs alone could be as high as $200. The costs of emergency care in the event of obstetric complications can be even higher.

Thus for many poor women, costs can be prohibitively high and prevent them from receiving the maternal health care they need. Informal fees are unofficial payments that may have to be made even where services are nominally free. They may be for supplies or given as incentives to staff to induce better care. Studies show that such costs can be high, often higher than formal charges. The cost of travel can be substantial and pose a significant barrier in many places. Studies in Tanzania and Nepal estimated transportation costs at 50 percent or more of the total costs of care. Studies from a variety of settings including the Philippines, Uganda, and Thailand show that distance had an adverse effect on women’s demand for facility-based deliveries. Transportation costs are high mainly because distances are great in the rural areas of low-income countries where the poor are concentrated, and road and transportation infrastructure are in such a poor state.

Halving the distance to public health facilities in Ghana almost doubled utilization. However, other factors play in. Gender inequality and women’s low social status and disempowerment have significant impact on women’s health, maternal health, and overall demand for maternal health care services. The effects of gender inequality include relatively higher poverty among women than men, lower education, lack of autonomy and mobility, intimate partner violence, and, overall, lower social status and disempowerment. While it is critical for policies and programmes to improve and expand services, as well as reduce the burden of cost for low-income women, these actions alone may not be sufficient to guarantee access to maternal health care. Gender inequality may still limit access and prevent women from utilising services. These are excerpts from an outcome document of the Women Deliver Conference written by Silvia Paruzzolo, Rekha Mehra, Aslihan Kes, Charles Ashbaugh

Therefore, efforts to improve maternal health care utilization and outcomes must also find ways to empower women and overcome gender inequality. This can be done by: 1. Removing user fees can increase demand among low-income women. This increased demand and sustainable financing requires careful planning. Many low and middle-income countries have recently removed user fees to increase uptake. Results show that this can have a positive impact on utilisation of maternal health care services and, in some cases, among the poorest. 2. Providing subsidies to targeted populations has the potential to increase access and utilization of maternal health care services by poor women. 3. Providing conditional cash transfers increases the demand for maternal health care services and has the potential to empower women to become more active health care consumers. 4. Providing incentives to improve providers’ behaviours can increase uptake of maternal health care services, yet for the poorest women to be reached special efforts may be needed. 5. Training and posting skilled community-based attendants can increase coverage among the poor in remote areas. 6. Partnering with private providers can reduce supply shortages, and, when accompanied by targeted cost subsidies, can substantially benefit the poor. 8. Contracting private organizations to deliver maternal health care services can increase use by poor women, but attention must be paid to the quality of services provided.

Delivering solutions for girls and women Women deliver enormous social and economic benefits for their families, communities, and nations. Investing to improve maternal health and save women’s lives — and achieve Millennium Development Goal 5 — is the right thing to do. It is also sound economics.

Women’s well-being determines a country’s well-being.

Women drive economic development: they operate the majority of small businesses and farms in developing countries; Women’s work makes everyone more productive: more of their income goes for food, medicine, education, and other family needs; Women contribute to economic growth: their unpaid work at home and on the farm equals about one third of world GDP; When women survive, families thrive.

Maternal deaths are preventable.

There is global consensus on these cost-effective solutions. These include: Family planning programs; Skilled care for mothers and newborns before, during, and after childbirth, including emergency obstetric care; Safe abortion, when and where legal; Delivering these solutions requires that we: Prioritise young people; Strengthen national health systems that deliver for women; Advance and protect human rights for girls and women

These tragic facts can be changed.

In developing countries each year… 215 million women who want to avoid pregnancy do not use an effective method of

contraception; Pregnancy and childbirth complications are the leading cause of death and disability for young women; Nearly half of all pregnant women do not receive skilled care; About 20 million women have unsafe abortions; 10 to 15 million women suffer severe or long-lasting illnesses or disabilities caused by complications during pregnancy and childbirth

Investing in women makes sense right now and is essential for our future.

Investing another $12 billion a year (for a total of $24 billion) would fulfil the unmet need for family planning and provide every woman with the recommended standard of maternal and newborn care. The results: Reducing unintended pregnancies by more than 66 per cent; Preventing 70 percent of maternal deaths; Averting 44 percent of newborn deaths; Reducing unsafe abortion by 73 percent; Cutting disability-adjusted life years lost to pregnancy-related illness and premature death by 66 percent. Investing in women brings positive returns. It would also: Return as much as $15 billion in productivity, now lost to maternal and newborn death; Improve public health for all by developing strong, accessible health systems; Prevent unintended pregnancies and reduce HIV and other sexually transmitted infections; Empower girls and women with greater opportunity for education and employment; Strengthen families, communities, economies, nations and our world. Courtesy of Women Deliver

Issue Number 07 • July 2010

Abortion can never be on impulse, women say

…By Joyce Chimbi

bortion has been flagged off as one of the contentious issues in the Proposed Constitution which states that although life begins at conception and that everyone has a right to life, a pregnancy can be terminated if the life of the mother is in danger. Those opposed to the Clause, say is not African and allows for women to terminate pregnancies at will. Children are wealth, they argue. Although it does seem like abortion is a truly divisive issue during this critical Constitutional reform process, there are many women who feel it is just hot air.

Complications “Those speaking the loudest have never even been pregnant. On what grounds have they decided the extent to which this clause can be abused. How many women have desperately wanted a child but a pregnancy had to be terminated because it was putting their lives in danger?” poses Ms Sophia Magut. “I have been in many meetings with women and I have not gathered any information that can term the abortion Clause as contentious.” Magut speaks from the experience of having a relative who endured a complication arising from a pregnancy. “Just this year my daughter was expecting her first child, on the six month, it was detected that the baby was growing outside the womb. The baby was alive

but doctors said that if the pregnancy continued there was a possibility that they could both die,” she expounds. “My daughter is only 20 years. I am her mother, what am I to do? Do I shrug and say well, even the baby’s life is important and await nature to take its course or do I do the most sensible thing and bless the termination?” she poses to a question that only she can answer. She says although men are instrumental in child bearing, they ought not to speak the loudest on abortion. Those who have gone through abortion will tell you that it is not a decision

“Just this year my daughter was expecting her first child, on the six month, it was detected that the baby was growing outside the womb. The baby was alive but doctors said that if the pregnancy continued there was a possibility that they could both die.” — Sophia Magut, Eldoret.

one makes on impulse. “Abortion, first of all is a very painful process, a few years ago, I got pregnant while still in college and together with my best friend, we consulted a medical practitioner who pocked around my uterus. The pain was unbearable,” narrates Ms Phyllis Kendi. “I lost so much blood and came to the brink of death. Had I not been rushed to an Intensive Care Unit in time I would not have lived to tell my story,” she says. Kendi explains: “It is not a beautiful experience so let no one be fooled that women will jump for abortion at any chance they get or just because there is a provision for it.” Now married for four years, Kendi has still not been able to get pregnant. Doctors say that her uterus has not recovered from the trauma of the abortion.

The reality These are the realities facing many women today and the myths and misconception around the abortion clause are not improving the situation. Many women are disgruntled by this misinformation. Those who have faced the reality of losing an unborn child due to health complications say that it is unfortunate that a purely health matter has been moralised, spiritualized and politicised. This has made it difficult to address it from a medical perspective and in a manner that respects the right to life for both mother and the unborn child.

Ten Reasons to vote Yes Continued from page 6

whether they are married to each other or not. c. It provides that the State must take measures to ensure that the youth: i. Access health care, relevant education and training; ii. Have opportunities to associate, be represented and participate in political, social, economic and other spheres of life; iii. Access employment; and iv. Are protected from harmful cultural practices and exploitation. d. It protects the rights of older persons to, among other things: i. Fully participate in the affairs of society; and ii. Live in dignity and respect and be free from abuse. e. It affirms the rights of persons with disabilities to: i. Be treated with dignity and respect; ii. Access educational institutions and facilities for persons with disabilities; iii. Reasonable access to all places, public transport and information; iv. Use sign language, Braille, or other appropriate means of communication; and v. Access materials and devices to overcome constraints arising from the person’s disability.

3. States that every person has the right to the highest attainable standard of health, which includes the right to health care services, including reproductive health care. It further states that a person shall not be denied emergency medical treatment. 4. Ensures every person basic elements of survival including: a. The right to accessible and adequate housing, and to reasonable standards of sanitation. b. The right to be free from hunger, and to have adequate food of acceptable quality. c. The right to clean and safe water in adequate quantities. d. The right to education and that every child has the right to free and compulsory basic education. 5. Guarantees equality between men and women: a. In treatment and opportunities: “Women and men have the right to equal treatment including the right to equal opportunities in political, economic, cultural and social spheres.” b. In marriage: “Parties to a marriage are entitled to equal rights at the time of the marriage, during the marriage and at the dissolution of the marriage.” c. In sharing parenting responsibilities: “Every child has the right to parental care and protection, which includes equal responsibility of the mother and father to provide for

the child, whether they are married to each other or not.” 6. Provides that every person has the right to social security. The Proposed Constitution explicitly states that the State shall provide appropriate social security including regular remuneration to persons who are unable to support themselves and their dependents. 7. Affirms a citizen’s right to access to information held by the State by requiring the State to publish and publicise any important information affecting the nation. 8. As citizens, we will be empowered by the law to recall our MP should they not be able to properly fulfil their duty as an MP. MPs will not be able to decide on their salaries and other payments as a Salaries and Remuneration Commission would be established. It also requires MPs to be taxed and their salaries regularized and regulated. 9. Provides for the streamlining of government by having a cabinet composed of 25 members including the president, deputy president and the attorney general. There shall be no assistant ministers thereby saving money that could be better spent elsewhere. 10. Ensures access to justice for all people in Kenya and specifically addresses financial barriers to access, stating that “if any fee is required, it shall be reasonable and shall not impede access to justice.”

Much as many think that making the decision to abort is easy, women who have contemplated it say it is a tough decision to make. Picture: courtesy of iStock

The Proposed Constitution will: 1. Deal with impunity and corruption ▪ An end to an all powerful presidency; ▪An end to a bloated cabinet; ▪ An end to favouritism and discrimination; ▪An end to election rigging; ▪An accountable government; ▪An independent judiciary and parliament; ▪ A professional civil service that includes people from all regions; ▪ Access to information

2. Protect the rights and dignity of all Kenyans ▪Basic rights and fundamental freedoms; ▪Job opportunities for the youth; ▪Access to decent housing; ▪Access to education; ▪Access to appropriate healthcare services; ▪ Access to justice

3. Make Kenya a fairer and safer place for all Kenyans ▪More resources to the people and equally distributed; ▪An end to land grabbing ▪An end to tribalism; ▪An end to tribal and election violence ▪Members of Parliament will pay taxes ▪A professional police force Prepared by the Reproductive Health and Rights Alliance

Issue Number 07 • July 2010

Call for gender-responsive budget Men and women must form part of national planning and development

…By Duncan Mboyah

here are a number of gender-specific barriers that prevent women and girls from accessing their rightful share in the flow of goods and services in the economy. The achievement of human development is highly dependent on the development and empowerment of women and girls. And unless gender specific barriers are addressed in the planning and development process, women and girls will continue to suffer and fail to achieve empowerment.

involvement The budget planning process must also be all inclusive and involve both men and women to enable incorporation of gender related issues especially in its final stages. The budget is the most important policy instrument of government because no other policy will work without money. As such the government budget is an important tool in transforming a country. This budget can only be successful if the money allocation targets equally boys and girls, men and women. Gender-responsive budgeting is about government planning, programming and budgeting that contributes to the advancement of gender equality and the fulfilment of women’s rights. It entails identifying and reflecting needed interventions to address gender gaps in sector and local government policies, plans and budgets. Gender Responsive Budgets initiatives seek to create enabling policy frameworks, build capacity and strengthen monitoring mechanisms to support accountability to women. Gender Budgeting is not a separate budget for women; rather it is a dissection of the government budget to establish its gender-differential impacts and to translate gender commitments into budgetary commitments.

Gender equity The main objective of a gendersensitive budget is to improve the analysis of incidence of budgets, attain more effective targeting of public expenditure and offset any undesirable gender-specific consequences of previous budgetary measures. As Kenyans reflect on the budget that was read early June, the Government has been asked to ensure that revenue generation and expenditure proposals compliment and do not contradict efforts towards gender equality and equity. Given that the national budget is the strongest expression of a government’s political priorities and commitment in increasing or reducing burdens, it is necessary that accountability in the use of public resources to promoting gender equity and equality is adhered to. “This is not about asking for separate budgets for males and females

A woman weaving traditional baskets which she has also displayed for sale. Government must plan for national resources with men and women in mind to reduce the number of women living in poverty. Pictures: Correspondent.

“This is not about asking for separate budgets for males and females but we are asking for enforcing gender mainstreaming budget practice,” — Grace Maingi-Kimani, Executive Director FIDA. but we are asking for enforcing gender mainstreaming budget practice,” said Ms Grace Maingi-Kimani, Executive Director Federation of Women Lawyers (FIDA). Maingi was speaking at the launch of a report on gender-responsive budgeting in Kenya titled Gender Responsive Budgeting in Kenya: A Selective Analysis of Kenya’s National Budget for the Financial Year 2009/2010 that has been published by FIDA. The report was based on analysis on expenditure estimates for the financial year 2009/2010 and zeroed

in on ministries of Agriculture, Education, Higher Education, Medical Services, Public Health and Sanitation, Science and Technology, Gender, Children and Social Development. Kimani noted that despite Kenya signing international instruments demand for promotion of women’s economic empowerment through inclusion, the government has continued to present a gender blind budget. The report also notes that the budgeting process in Kenya has been male dominated with little incorporation of gender related issues especially in its final stages. Critical documents which define budget-making process such as budget outlook paper, budget strategy paper and treasury call circular are strangely also gender-blind. “Kenya is a signatory to the Convention on Elimination of Discrimination Against Women (CEDAW), the Beijing Platform For Action and many other instruments but to date secondary school intake and distribution of employees in industries leaves a lot to be desired,” she reiterated. Kimani said that even the distribution of civil service labour force in 32 ministries by job categories and sex is pathetic.

mainstreaming Gender-mainstreaming in government planning, which is a prerequisite to gender-responsive budgeting is still very limited. “Only the Ministry of Education

had clearly earmarked some funds under recurrent expenditure estimates towards gender in education whereas most ministries ignored the issue entirely,” explained Kimani. She urged the Government to begin to effectively introduce gender issues within budget formulation processes.

Budget review Government needs to think about both gender and sex when making budgets and allocating budgets to implement important policies. In respect to sex, Government needs to ensure that policies and programmes are available and adequately financed to address biological needs of men and women, including child bearing for women. In respect to gender, Government needs to have a vision of the type of roles, responsibilities and relationships that it wants to see in the country for men and women, girls and boys, and design, fund and implement policies and programmes towards this goal. According to Ms Naomi Wagereka, FIDA chairperson, despite the country making stride in various sections of governance, it was unfortunate that impunity is still the order of the day when it comes to employment of women. Ideally, the need to ensure that all sectors work towards addressing gender disparities should form part of the instructions issued under the Treasury Circular. However, a review of budget cir-

culars in the last few years indicate that even the word ‘gender’ is not mentioned, translating into sectoral reports which fail to prioritise gender issues in development. The report suggested that genderspecific expenditures, allocations aimed at addressing specific gender inequalities such as increasing women’s employment in the formal sector, access to credit, transition to universities, investing in women’s health and issues. The report recommended that all ministries should invest in the staffing of gender units (not only gender focal points) to build ministerial capacities to undertake gender-mainstreaming and bridge existing gender gaps in their work. It further called on the Government to invest in training and mentoring schemes to encourage the absorption of women where they are presently absent. “Let us also reform employment laws and practises which are either gender-blind or discriminatory and provide mechanisms through which public sector employees can seek recourse in cases of discrimination and/or harassment on the grounds of their sex,” the report recommends. Gender budgeting can help improve economic governance and financial management. It can provide feedback to government on whether it is meeting the needs of different groups of women, men, boys and girls. These different groups might be rich or poor, young or old and from various parts of the country.

Issue Number 07 • July 2010

Left behind as country moves on …By Joyce Chimbi

With every reason to celebrate, Buruli Women’s Group from Kisa Central, Butere District sing and dance during their monthly merry go round held at Khwisero Sports Ground. Many women have been empowered through coming together in groups where they give monthly contributions. Picture: Correspondent

Chama: The greatest innovation that drives that women’s groups …By Rosemary Okello ‘Necessity is the mother of invention’, so goes the old adage. This is what the women of Kenya and Africa at large have been doing where they have found strength in numbers in the name of the women’s groups. The concept of women’s group is as old as the African society and yet over the years the women of Africa, especially here in Kenya have become creative with it and turned it into a ‘merry-go-round’. Otherwise known as table banking, women formed these groups after realising they amounted to nothing when it came to accessing credit in banks. Without any collateral, they resorted to the women’s groups popularly for solutions. So creative is the ‘merry-goround’ concept such that there is no family, clan or village that can say that they have not benefitted from a women’s group revolving funds.

Trust No matter which part of the country, the code of conduct is the same for a women’s group — trust. With that one gets introduced into a group with the understanding that you shall abide by the group’s unwritten laws of borrowing, repaying and attending meetings diligently every end of the month or week. “The women’s merry-go-round like a movement, from the rich to the poor, there is always a day set aside where the group meets to collect and lend each other money,” says Ms Deborah Okumu, Executive Director Caucus for Women’s Leadership. “At times we can collect as much as one million shillings in a sitting.” Okumu says the concept of women’s group laid the foundation

for women in development which was later picked by donors and governments to address issues affecting women in Africa. However, the women themselves used the groups as social network which they could turn to in times of needs.

Benefits “Many women have used the merry-go-rounds to better the lives of their families, many have taken their children to school using the same concept,” explains Okumu. And there are many for whom life would never have been the same if not for the groups. Says Ms Jane Manyanga: “Having been in the same group for the last 20 years, I owe what I have to them. I have bought a house, took my children to school up to university and even boosted my business.” The story is the same for Ms Rachel Matuku who sells githeri (cooked maize and beans) in Industrial Area. “Each day we give one of us KSh100 for building their stock,” explains Matuku. She adds: “But once a month we meet for a substantial meeting where we collect money which we use for other bigger things.” In some villages, the merry-gorounds are also seen as a social network. “We do not only meet to collect money, but also to make sure that whenever we visit a house, we would like to see some development in terms of new furniture, utensils or table clothes among other things,” ex-

plains Truphena Nyamori, chair of a women’s group in Kibera. In some areas, the women selfhelp groups or movement become the focal point where even a new wife seeks comfort of others who were there earlier and learns ways of furnishing her house with things ranging from crockery and cutlery to teas flasks, sufurias (pans) and water tanks through the get togethers.

Access to loans In addition, she also learns that the group is a quick and reliable access to credit to cater for her emergency needs such as taking her feverish baby to hospital who cried throughout the night as well as returning a child who had been sent home on account of a school fee balance back to school. Other than meeting these domestic and emergency needs, some groups have evolved to bigger economic activities ranging from funding of an individual to group business start-ups. As you drive through rural Kenya, the result of these funds are evident in the various investments as you see commercial buildings owned by this or that ‘women self help group’. But even though women are still on the periphery of economic life in Kenya, the table banking concept has been the model with leading banks like Equity, Faulu and K-Rep with most women’s groups forming the bulk of their clientelle. Such is the strength of the women’s group, that women like Rita Mwangi, an accomplished business woman, al-

“Many women have used the merry-go-rounds to better the lives of their families, many have taken — Deborah Okumu, Caucus for Women’s Leadership.

ways draws insight from and reflects on the wisdom that women co-exist in their diversity. She says this model responds to the dynamic of the groups they belong to. She belongs to several “chamas” within her church, market and in her rural home. These are tight social welfare units that many women rely on to cushion them against the economic uncertainties and where the biggest capital is in relationships that are grounded in trust. The success of any self-help group depends on sound governance and management structures. Leaders of these groups are democratically elected, subject to stringent systems of scrutiny that include performance at the personal, family and community levels. In addition, transparent and accountable financial systems dictate that money is collected, allocated and disbursed at “plenary” where the treasurer is subjected to questions until a consensus is reached. All creditors clearly understand that the money they borrow belongs to the group and the consequence of absconding on payment will result in facing the wrath of the members who are, anyway relatives and neighbours. Any cases of departure are quickly sorted out by the Department of Social Services that registered the group in the first place and are custodian of their Constitution. Rarely do you find group members seeking legal redress beyond arbitration by the community and the department of social services. Where this happens, the group is possibly young in terms of time spent together and the members did not have adequate bonding time to understand and appreciate each other.

Martha Muta’s life took a sharp turn for the worst during the post election violence in 2007. It was Kenya’s darkest moment as neighbour rose against neighbour. Lives and property were lost as violence blazed across the country. Muta, a mother of five lost her home in Kapsabet and with another 3,000 families, they became internally displaced persons (IDPs). Having been violently kicked out of their farm, they camped at the Eldoret Show Grounds as a heavy cloud of misery and hopelessness settled over their earlier peaceful life. Until the fateful day, Muta had been a farmer and businesswoman together with her husband, they had been comfortably raising their family. “I have no idea what happened to my husband, we have never seen him since 2007 and everyday my children and I hope that he will find us even though we no longer have roots,” explains Muta. She adds: “We had been part of the relocation in the IDPs’ project but something went wrong.” She recalls: “It was said that we were not genuine IDPs. We have since begged for food, shelter and clothing. Sometimes I think I am in a dream, those who knew me then can tell you that it has been a hard fall for us.” Muta, who now lives in Burnt Forest on a small piece of land provided for by a well wisher represents a significant group of Kenyans whose stories have been forgotten. Living without ambition and the vision that once guided her life has become an unintelligible blur.

Moving on Hers is not a unique story though. In another region in Kesses another family is found. They are also hosted by well wishers even though they had a home and a farm, they also had a dream for a bright future. All that now seems like years ago for the Kaggi family who now take each day as it comes with fear that even their new found shelter offers no foundation for stability in light of the inconsistent political temperatures. “We lost no life during the violence as a family, other than the physical beatings whose scars are now gone. However, the trauma of the experience and everyday reminder of losing all that we had worked for is often too much to endure,” says Francis Kaggi, father of six. He adds: “Things are still not smooth. The situation has been further compounded by the upcoming referendum.” The nation seems to have moved on and left behind a part of itself, those who experienced the brutality of a divided country. There are people who still do not have a place to call their own and everyday means battling overwhelming challenges. In spite of the struggle they have quietly continued to rebuild their shattered lives, making one step ahead and two behind because they still feel that justice has not been done. Even as the country gears up to a very important phase of going to the referendum to accept or reject the Proposed Constitution, may the nation not forget that there are people whose lives were thrown many years back and they are yet to recover. The Agenda Four Commissions should, therefore, ensure that these Kenyans who are still hurting, are not left behind during these significant reform processes.

Issue Number 07 • July 2010

Miles away from emancipation

Women in Lamu are locked up in a cycle of poverty

…By Saida Aroma

t only 18, Asha is already a mother of three and divorced. She is remarried as a third wife in a polygamous marriage with no source of income and has to rely on her husband for all her needs. Asha is not alone in this pathetic life. She is among many women who are married young and divorced before they are in their 20s in the Lamu Island. The women, who normally do not have a source of income cannot raise the KSh3,000 needed for them to file a case and have their ex-husbands take responsibility for the children. The children will normally drop out of school and engage in vices such as drugs, both as users and peddlers. The Lamu archipelago is well known as a world heritage site. It receives many tourists and hence generates a lot of income although the money hardly gets into the women’s hands.

Culture practices

Within the island, there are entrenched practices that have continued to deny women a chance to participate fully in development. Compared to their counterparts in other districts, the women in Lamu are not able to engage in any meaningful activities as they struggle under the yolks of poverty. Many factors at play within, see to it that the women are not emancipated from suffering. Early marriages, child labour, negative attitude towards education and high divorce rates have been further compounded by HIV infections.

These challenges have conspired to derail efforts aimed at empowering women in the area to ensure they fully take charge of their destiny. However, the chief culprit remains marriage breakdowns. High divorce rates, estimated at 52 percent have been blamed for being the biggest barrier to women’s advancement. A group of women, operating under Sauti ya Wanawake (women voices) organisation say divorce has contributed to other challenges such as early and multiple marriages that continue to put women at risk of contracting HIV and other sexually transmitted diseases.

Casual marriages

According to the group’s chairperson, Mrs Noor Salim Omar, most marriages among the islanders are not registered by the authorities. “This scenario has generated a casual approach to the institution of marriage and a general lack of commitment by men to meet their parental and marital obligations,” she says. Omar explains: “The high divorce rates have led many families to disintegrate and created an even bigger problem of drug abuse where children from broken families not only drop out of school but enter into marriage and labour at an early age.” She reiterates: “So serious is the

Women in Lamu with their children. Entrenched cultural and religious practices have hindered women in Lamu from opportunities of advancement and empowerment. Picture: Saida Aroma problem that 27 percent of girls do not join secondary schools as they end up as housewives with no meaningful source of income.” The situation is made worse by stigmatisation because children from broken homes are discriminated against by both peers and the community at large. This has forced most of them to rebel and engage in vices such as drug use and peddling. According to Omar, information from the probation office indicates that out of six files of child offenders, five are from broken families. “There is need for a law that can have men take up responsibilities for their children including paying school levies and other basic needs,” Omar says. She adds: “Women here are very poor and cannot afford KSh3,000 needed to open a file at the Kadhi’s courts to lodge a case.” These frustrations have forced many divorced women to enter into polygamous marriages to enable them get financial support from the new spouse, with most of them persevering battering and other violations to stay in the marriage as it provides financial support. The poverty cycle remains a challenge and can only be broken once

Frustrations have forced many divorced women to enter into polygamous marriages to enable them get financial support from the new spouse, with most of them persevering battering and other violations to stay in the marriage as it provides financial support.

women are empowered socially, economically and politically. Omar says: “Divorce has created a lot of social problems that need to be addressed urgently by all stakeholders.” She regrets that divorced women entering new marriages have not been empowered enough to bargain or even demand for HIV testing with their partners.

Financial support According to Ms Raya Famau, an official of Sauti ya Wanawake, through the group’s micro finance project, families affected and infected with HIV are able to access funding to enable them start viable economic projects to cater for their immediate needs. “The infected families are also encouraged to join local support groups and merry go rounds to enable them save and become financially independent,” Famau explains. She says the group’s outreach programme in Islamic schools known as madrassas, mosques and Islamic organisations has helped in complementing efforts aimed at fighting stigma surrounding HIV/Aids. The families registered with the group access benefits such as information on positive living, home based HIV/Aids care kits and emergency nutritional kits. Their children automatically benefit from school fees from nursery schools and funding for vocational skills training. The children receive healthcare support and shelter if needed.

However, Famau says, stigma has been frustrating efforts to bring on board new clients to be assisted. There have been more women coming out compared to their male counterparts. She says only 33 men have come out openly to declare their HIV status compared to 77 women, with many more infected persons still living in denial. The women would like Islamic organisations such as the Supreme Council of Kenya Muslims (SUPKEM) and Council of Imams and Preachers of Kenya (CIPK) among others to come out strongly and start social forums to engage the residents on these challenges. The women’s group is trying to change attitudes so that the community appreciates the importance of education and also ensures equal educational opportunities for both boys and girls. The group has started empowerment programmes for girls and has set up an endowment fund to pay school fees for bright girls from poor families. “We have invested an initial KSh25 million for bursaries for the best girls and through this scholarship, competition among the girls has gone up over the last few years,” explains Omar. The programme has been a success so far and currently access to education for boys and girls is the same although transition rates, which had been low for girls, is now picking up. Omar says they are in partnership with organisations such as Kenya Transition Advocacy Initiative that strive to empower women.

Issue Number 07 • July 2010

Fishing fortune for widows

…By Ben Oroko

ust a few months ago, Ms Teresa Nyanchama was a chang’aa dealer. Her life was a mess as she had to sleep with her ‘ears outside’ in case the police came to interest for dealing in an illegal brew. Often she had to have extra money to pay for protection. Recounting her formerly miserable life, Nyanchama recounted how she lived in difficulty before she ventured into the project as police officers and the local chief ’s youth wingers could bother to her as she engaged in chang’aa brewing and trade, demanding colossal sums of monthly protection fees and failure to deliver would lead to her being arrested or harassed until she raises the fees to be released.

Abandoned trade Nyanchama’s life has changed drastically after she changed from chang’aa brewing to fish farming after joining a women’s self-help group. Today, she encourages rural women to abandon chang’aa trade and instead mobilise themselves into self-help groups from which they can access funding from the Government and development agencies. The money would help them venture into fish farming projects or other useful activities that will empower them economically and address rural poverty. “I am a happy woman today because of fish farming projects in our area as it enables me raise basic necessities for my family without encountering any intimidation or harassment from anybody,” confesses Nyanchama. Nyanchama is among the many widows and rural women in the farflung rural setting of Nyaura Village in Kisii District’s Nyaribari Chache Constituency, who are swimming against the tide of outdated cultural practices that define gender roles for both men and women in the community. Faced with numerous socioeconomic challenges after the death of their husbands, the widows have switched from the traditional subsistence farming to fish farming. Their objective is to beat both the culture of dependence on their male counterparts and the outdated cultural practice of wife inheritance.

Women’s group Initially the women began with merry-go-round activities. They had no idea that there were other socio-economic activities that could change their lives and put food on their tables. The women mobilised themselves under the auspices of Nyaura Widows’ Self-help Women Group, through which they discovered an alternative to sustainable livelihood. The idea of fish farming was not in the widows’ minds, until New Horizons for Africa, a non-governmental organisation based in the area, came around and engaged them in wetland conservation. As a first measure, the project involved the uprooting of the water guzzling blue-gum tree to create room for planting of gravellea robus-

Nyaura women’s Group members digging a fish pond. The women have decided to rear fish for economic empowerment and income generation. Inset: Teresa Nyanchama holds a fish from one of their fish farms. Picture: Ben Oroko.

ta trees and placement of fish ponds along the endangered water sources and wetlands. The group’s Chairperson, Ms Fridah Omwene, describes the fish farming project as a success story geared towards empowering local women economically, and by extension, address food insecurity and rural poverty. Speaking to The KenyanWoman at their Nyaura project site during fish harvesting, Omwene could not hide her excitement after several months of struggle, as catfish fingerlings attain the recommended eight months harvesting stage. “It has been a big challenge for us to feed and maintain the required environment for the successful growth of these fingerlings to reach harvesting stage,” enthuses Omwene. She describes the project as a viable venture that women should embrace to empower themselves economically and also free themselves from the chains of retrogressive cultural practices that enslaved them after the deaths of their husbands.

Bread winners Besides empowering the widows economically, Omwene observes that the fish project assists the widows’ children derive much of the nutritional value from fish cultured by the group in local earthen fish ponds. Omwene discloses the project got capacity-building support from New Horizons for Africa through training on diversified farming activities alongside environmental protection initiatives, hence the successful implementation of the fish farming project. “As widows, we had nobody to turn to after the deaths of our husbands, who were our families’ breadwinners. This project has seen

an end to the sad past as we make good income from fish sales, alongside horticultural farming at the fish ponds site,” explains Omwene.

More species Outlining marketing of the catfish species as a challenge to their fish farming project, Omwene appeals to the Ministry of Fisheries to consider replacing their current catfish species with the tilapia fingerlings. She observes that catfish attracts poor response from consumers in the local market due to the community’s negative cultural beliefs. “Though we have made tremendous progress in fish farming, I am making an appeal to the office of the Ministry of Fisheries to consider supplying us with tilapia fingerlings which are local consumer market friendly,” Omwene appeals. Nyanchama could not hide her excitement on the economic importance of the fish farming projects, saying the projects had completely changed her life at household level. Another beneficiary of the fish farming project at Nyaura village, Ms Martha Nyamwega discloses that fish sales shared out among women members had helped pay school fees for her two children in a local private school, unlike in the past when they were often being sent away from school for lack of fees. Besides school fees , Ms Nyam-

wega also disclosed that income at her household level had improved as proceeds from the group fish farming projects supplemented what she earned from her other economic activities, like vegetable farming among others. She said, the fish project had enabled her children conveniently access nutritional protein value derived from fish, which she said was important for the children’s bone formation. “The fish project is economically important for rural women to venture into, since it assists in addressing various socio-economic challenges facing women at household levels,” observes Nyamwega. New Horizons for Africa Programme Officer, Ms Victorinah Makori commended the project and called for the duplication of the same in the region, to economically empower rural women and also address myriad socio-economic challenges facing them. Makori also supported the widows’ appeal that they be supplied with tilapia fingerlings to replace the catfish, which besides attracting poor market response among the targeted local market consumers, was also uneconomical in terms of feeding and multiplication. Catfish does not breed when cultured in an earthen fish ponds environment. For the women to earn more value from their fish farming,

The project is a viable venture that women should embrace to empower themselves economically and also free themselves from the chains of retrogressive cultural practices that enslaved them after the deaths of their husbands. — Fridah Omwene, chairperson Nyaura Women’s Group.

Makori said, it was the responsibility of the Fisheries Department to address the challenges raised by women in fish farming projects. “It is encouraging to see women defy outdated traditional practices defining gender roles for both men and women among the Gusii community members, and venture into socio-economic activities perceived to be men’s traditional fields,” observes Makori. She encouraged more women to emulate Nyaura Widows’ Group and venture into fish farming to economically empower themselves and reduce poverty among the rural women folk. Kiogoro Division Fisheries Officer, Mr Jason Ochola commended the widows’ success in fish farming, saying it was a rare task for women to uproot tree stumps and dig fish ponds without involving their male counterparts.

Nutrition Describing the catfish as one of the nutritious fish species in the world, Ochola advised the widows to feed their fish and ensure they grow within the required ecological conditions to fetch them maximum returns. “I concur with you that the negative perception by local communities towards the catfish species was a challenge facing your fish farming project, but I am encouraging you to conduct thorough market research before you harvest your fish to avoid wastage and loss of harvested fish,” Ochola advises. He observes that though the catfish species was costly in terms of feeding, it was the best delicacy, especially for children’s growth and bone development. He advises the widows not to completely do away with the catfish species, but instead intensify their marketing strategies to change the negative perception.

Issue Number 07 • July 2010

Strong women’s presence in Nepal’s constituent assembly . . . . . . gives political strength for gender issues and constitution

ith one-third women in the Nepal Constituent Assembly the gender issues are likely to get prominence not only in the Constitution, but also in the state mechanism. However, women leaders still believe that their participation in the Constituent Assembly is only a foundation to build a gender equal society and that continuous efforts are required to keep this on the right track.

Participation One hundred ninety-seven women in the Nepal Constituent Assembly have a unanimous voice when it comes to gender related issues. Ms Binda Pandey, chairperson of Fundamental Rights and Directives Principle Committee (FRDP) — one of the thematic committees of the Constituent Assembly, has the responsibility to prepare a draft fundamental rights of Nepali citizens that is well identified and enshrined in the new Constitution. “It is very important that gender equality and nationality get equal

footings in the citizenship rights,” says Pandey. With women at decision making levels, a series of women’s rights policies including the Domestic Violence Bill, the Amendment of Election Act and the Public Service Commission Act have been promulgated. But women leaders have come through a long journey of struggle within and outside their respective political parties to secure the current position in the Constituent Assembly. The Communist Party of NepalUnited Marxist Leninist’s (CPNUML) adoption of an eight point agenda on gender equality forced other political parties including Jana Morcha, CPN-Marxist Leninists, Nepali Congress (Democratic) and Nepali Congress to adopt the same. After the House of Representatives was reinstated in 2006, CPNUML leader Bidya Bhandari presented a resolution to ensure 33 per cent women’s representation in all the state mechanisms. Nepali Congress and Constituent Assembly member Kamala Pant submitted a letter supporting the resolution in the House

A Nepalese woman politician addressing a meeting. With affirmative action entrenched in the Nepal Constituent Assembly, gender issues are getting more attention. Picture: From the Internet. of Representative on behalf of her party. This progress made on the political front on gender equality is a huge leap forward. Women representatives occupied only 3.4 per cent of seats in the House of Representative in 1991 and 1994 elections and their representation reached 5.8 percent in the 1999 elections. Pandey says: “We have so far been successful in advocacy but when it comes to policy making, we still need to build up skills in presenting our points logically.” The UN Millennium Campaign in partnership with Jagaran Nepal, a civil society organisation working exclusively for the rights of women, has held a series of interaction pro-

grammes for women Constituent Assembly members in a bid to address this gap. The interaction programmes have mostly focused on economic, cultural and social rights and its link to the Millennium Development Goals.

mdgs Discussions on linking policy issues and MDGs to the Constitution have helped the Constituent Assembly members to lobby for their fundamental rights in the new Constitution. Ninety women members took part in the five workshops held over a period of six months. Five young Nepal Constituent Assembly women members have formed a caucus with five male coun-

terparts to advocate and campaign for the MDGs and the various Economic, Social, Cultural Rights (ESCR) issues in the Constituent Assembly. Besides the Constituent Assembly, they will set the topic of MDGs and ESCR in motion in the Parliament, with the Government, the line Ministries, various stakeholders and also in their constituencies to promote positive policy and practice changes. The Constituent Assembly members aim to collect best practices and success stories on MDGs in their constituencies and compile those in a booklet before the high level event on MDGs takes place in September 2010 in New York. www.wunrn.com

Lightening the burden of Burkinabe women

lthough the Millennium Development Goals (MDGs) specifically mention energy-related issues, this sector represents an essential component of the fight against poverty. In Burkina Faso, UNDP worked with the government to address this reality by implementing the National Multifunctional Platform Programme in the fight against poverty. The multifunctional platform consists of a diesel engine and various associated tools: grinding mills, huskers, alternators, battery chargers, pumps, welding stations, and carpentry equipment. It can also be used to distribute water and electricity. This simple machine assists women with long and laborious chores, and allows them time to generate new income streams. This financial autonomy helps to increase women’s independence and improves their socio-economic situation. Women also have more time to dedicate to their well-being and personal development, as well as that of their children. The programme is based on a participatory model that promotes the creation, development, and modernisation of artisanal activities in

villages. The multifunctional platforms are installed and maintained by independent artisans. Many other donors provide funding for the programme: Aarhus United, the government of Luxembourg, the Shell Foundation, the Bill and Melinda Gates Foundation, and the Kuwaiti telecom company Zain, for a total amount of $33,500,000.

Results A study of time management with the platforms indicates that women spend at least two to four hours each day on household chores. The time saved allows them to pursue self-improvement opportunities, often by taking literacy classes in buildings where electricity is provided by the platform. Accordingly, the installation of platforms was followed by a 10 percent increase in literacy rates in 14 villages in the eastern region of the country. Agricultural production and employment for millers, welders and repair men among others has increased in nearly all villages where platforms have been installed. Additionally, business generated by platforms has helped women save an average of $55 per month, compared

to $11 annually under normal circumstances. To date, 431 platforms have been installed in eight regions in Burkina Faso; 600,000 people, among them 24,000 women, benefit directly from the platforms; 1,400 new platforms will be installed between 2011 and 2015 for the benefit of 2.5 million people, which is 23 percent of the country’s population. During this phase, UNDP will focus primarily on the reinforcement of economic activities around the platforms, and on the development of female entrepreneurship in rural environments.

Lessons learned Experiences with the multifunctional platforms were the subject of the 54th session of the Commission on the Status of Women held in March, in New York. The UNDP country director in Burkina Faso Ms Ruby SandhuRojon says: “The multifunctional platform is proof that, by using technology, we can achieve the third Millennium Goal and at the same time, help increase access to energy, reduce poverty, and promote gender equality.”

A Burkina Faso woman with a load of firewood on her back. A programme is in place through UNDP to help women improve their socio-economic status. Representatives from Cameroon, Burundi, Côte d’Ivoire and Zambia reported that they would like to see the programme implemented in their countries. Similarly, ECOWAS Small Arms Programme (ECOSAP) wanted to integrate the platforms into their regional energy policy. The Climate Investment Funds (CIF) Partnership Forum organised by the World Bank in the Philippines will also consider implementing the platforms in their

programmes. ECOSAP is committed to helping countries in West Africa achieve Millennium Development Goals. Through the adoption of a regional policy, ECOSAP seeks to reproduce the experience of multifunctional platforms and improve energy access for rural populations. The UNDP is acting as ECOSAP’s primary interlocutor during the implementation of this policy. Picked from UNDP website

Issue Number 07 • July 2010

Paradigm shift needed in the pursuit for gender equality …By Karani Kelvin

F Ms Rukia Subow, chair Maendeleo Ya Wanawake Organisation at the commission on the Status of Women meeting in New York in February where various governments and non-government organisations lobbied for a UN agency for women. Picture: Rosemary Okello

Women celebrate birth of gender equality entity at the UN

he Gender Equality Architecture Reform (GEAR) Campaign celebrates the United Nations General Assembly resolution, agreed to on June 30 and formally adopted by the General Assembly on July 2, to establish UN Women, the new gender equality entity at the UN. This move has been sought by women’s organisations and other civil society organisations around the world since the UN established a System-Wide Coherence Panel for UN Reform in 2006. Ms Charlotte Bunch of the Centre for Women’s Global Leadership (CWGL) at Rutgers University, a founding member of the GEAR Campaign said: “We have high expectations for this new agency to be a solid foundation for advancing women’s human rights as central to global policy efforts to reduce poverty and move toward greater realisation of peace and democracy in the world.” She added: “The coalition of women’s groups and other social justice, human rights and development organisations that played a pivotal role in this effort will now turn its efforts toward ensuring that the new body has the human and financial resources necessary to succeed.” Particularly notable in the resolution are the paragraphs regarding the importance of civil society participation in the new entity. The body must have increased operational presence at the country level including engagement with women’s groups and other civil society organisations invested in

gender equality and the empowerment of women. The GEAR Campaign’s global, regional and national networks will be contacting UN representatives at all levels to work with the transition process and the new Under SecretaryGeneral, once appointed, to ensure they are connected with organisations on the ground ready to provide their expertise and support.

Major elements As the new entity is developed, GEAR supporters will continue to advocate for four major elements critical to its implementation: Meaningful, systematic and diverse civil society participation at all levels; Strong, country-level operational capacity and universal coverage; Ambitious funding with stable and predictable resources aimed at reaching $1 billion within a few years; Strong leadership at the top with an Under Secretary-General who combines a global vision with gender equality expertise on the ground. “We know that this is only the beginning,” stated Rachel Harris of the Women’s Environment and Development Organization (WEDO). “We must continue to ensure that we are building a United Nations that really works for all women on the ground. Implementation requires active engagement of all stakeholders to get the entity up and running successfully.” The GEAR Campaign is a network of over 300 women’s, human rights

and social justice groups around the world that have been working for four years to gain UN Member State and UN Secretariat approval for creation of a larger more coherent coordinated UN agency that can advance further the UN’s mandate of working for gender equality as a crucial component of development, human rights, humanitarian concerns, peace and security. The new Gender Equality Entity to be headed by an Under-Secretary General, will consolidate the four existing UN bodies on women, increase operational capacity at the country level and have gain increased funding for work on women’s empowerment and advancement. The UN currently has four separate entities dedicated to women’s issues which will be combined in the new entity: the UN Development Fund for Women (UNIFEM), the Division for the Advancement of Women (DAW), the International Research and Training Institute for the Advancement of Women (INSTRAW), and the Office of the Special Adviser to the UN Secretary-General on Gender Issues and Advancement of Women (OSAGI). Bringing these together and coordinating their work more with gender mainstreaming throughout the UN system should the UN and governments to deliver more effectively on their obligations and many commitments to advance gender equality, women’s empowerment and women’s human rights. Courtesy of Huairou Commission

or many generations now, it has been argued that Affirmative Action is the key to unlocking the imposing lock of gender inequality. There have been deliberate measures aimed at putting women at par with men particularly through legislations and proclamations. Indeed patriarchal societies have sidelined women. The atrocities — physical and psychological — committed against women amount to historical injustices. As an ideology, patriarchy has massacred the potential of women. One can argue that the world tacitly, for some time, approved the genocide of women’s utility. With the indifference of a clinician, the world watched as women blindly walked in the void of opportunities denied.

Affirmative action It is, therefore, in feminism where women saw an opening to save themselves. In the 1960s, during the second wave of feminism, Affirmative Action was plunged into the raging waters of fashionable. But it is in the 1980s and 1990s that it gained its real popularity. This took place alongside what became the third wave of feminism. Key among the rights that women were fighting for were the rights to education, employment, ownership of property and political representation. The quota system in entry points to public universities is one such facet of Affirmative Action. Having noted that more men than women are admitted to universities, it was decided to allow female students to join public universities at a point less than their male counterparts. Several other measures have been put in place to ensure success in girl child education. These mostly have been legislations and directives addressing repugnant cultural practices.

“This meeting recommended practical and effective steps for global action to promote equality, development and peace for women.”

In the work market, employers are constantly encouraged to give equal opportunities to both sexes. Having a work force dominated by one gender is highly discouraged. Employers are also encouraged to give promotions to deserving women. This is a shift from the usual scenario where men stood more chance of being promoted. Property ownership in most societies is a preserve of men. Patriarchy has seen to it that only men can inherit property from their parents. Ownership of land is likely to change if Kenya gets a new Constitution. This is because it will be legally enforceable to share land with women.

Political equity Perhaps the biggest battle in the quest for gender equity has been on the political front. Winning this battle is as good as winning the war, or so people think. In Kenya, it is a requirement that women should constitute a third of the total number of legislators. If the proposed Constitution sees the light of day as law, political parties will have gender equity at all levels of leadership as a prerequisite before funding. In the introduction to Promises and Realities, it is noted that “four world conferences on women’s issues have been organised under the auspices of the United Nations”. One search conference was in Nairobi in 1985. “This meeting recommended practical and effective steps for global action to promote equality, development and peace for women.” In an earlier conference held in Mexico in 1975, Jacinta MuteshiStrachan notes that, “equality, development and peace” were the guiding principles. If one collapses the resolutions of the four conferences, Affirmative Action will be seen as the solution. But is it? Affirmative Action undermines women’s potential to fight it out with men on a level ground. It shows that women are inferior, an argument which is totally baseless. We need, as a society, to change our mindsets. An epistemological paradigm shift in the direction of gender equity without Affirmative Action is our safe way out. The writer is a student at Moi University

Executive Director: Rosemary Okello-Orlale

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

Editorial Director:

Arthur Okwemba

Managing Editor:

Jane Godia

Contributors:

Kabia Matega, Joyce Chimbi, Duncan Mboya, James Mwanzia, Rosemary Okello, Saida Aroma, Karani Kelvin and Ben Oroko. Noel Lumbama (Noel Creative Media Ltd)

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