Kenyan Woman Issue 18 by African Woman & Child Feature Service

Issue Number 18 • June 2011

Translate this year’s budget into gender gains for women

…By Wanjiku Mwaura and Rosemary Okello s Kenyans gears up to for the 2011-2012 budget speech, many are expectant that the budget will make a reality the spirit of the new constitution more so the principle of the Affirmative Action. Therefore like an expectant mother, many women are hoping that the speech that will accompany the Kshs. 1.16 trillion will not just be an annual statement of receipts and expenditures, but an instrument for fulfilling the obligations of the state and a political statement of the priorities set by the government in allocating resources with a gender lens. As Diane Elson who in 1999 did the background papers for Commonwealth on Gender Budget Initiative once explained, “The budget reflects the values of a country – who it values, whose work it values and who it rewards…and who and what and whose work it doesn’t’.

Constitution Therefore when the Deputy Prime and the Minister of Finance, Uhuru Kenyatta will present the 2011-2012 budget, the over 50 per cent of the population who are women will keenly be watching whether the government will live up-to the spirit of the constitution and whether this time round the budget will be engendered. In his statement to the country when he underscored the important of this year’s budget day, The Deputy Prime Minister did outline the process they followed to come up with the Kshs 1.16 trillion budgets. He said; “As we move towards implementing our new and desired Constitution we must also take cognizance of our need to transit seamlessly into the new order.” According to him, in the spirit of the new Constitution, and that the

commitment to improving the lives of our people is steadfast and will not be affected in any way. He further explained that the Government has given priority to education, water, youth empowerment and food security. Other areas are on infrastructure and also cushioning the most vulnerable sections of the society and regional equality in development. Even though the priority areas affect women fundamentally but if the state resources are not targeted and use effectively the lives of women will not improve. It is withstanding to state that without a gender lens being applied into budgeting from the one go, and then the resources are unlikely to be into meaning outcome for the women of Kenya. Gender experts on gender budgeting

states that Gender Budgets are not Janet Mmoji counting separate budgets for women or for money to see if it is enough men, but the purpose is to monitor for her needs. Kenyans face expenditure, public service delivery hard times ahead of Budget and taxation from a gender perreading. Inset: Finance spective. Minister Uhuru Kenyatta As correctly stipulated by has been accused of not Aasha Kapur Mehta in her arbeing gender sensitive in ticle on translating gender budget into outcomes, she said, “ Gender his financial applications. budgeting is a tool that can be Pictures: AWC and Kenyan Woman used to ensure that the aggregate Correspondent. national, state, sector, departmental, programme, corporate or any budget is gender sensitive: allocations and outcomes of all pubShe further explains that it is an lic expenditure. This requires idenapproach to developing plans in a tification of needs and priorities of participatory way, based on identify- women, especially those who are ing priority needs of women as well as poor; examination of existing polimen and not just of those with voice. cies, programmes and schemes to deAnd that the purpose of Gender termine whether or not they meet these Budgeting is to achieve gender-just priority needs; corrective reprioritisation

of budgetary allocations so that they are adequate for meeting those needs; and taking requisite follow-up actions to ensure that desired outcomes are attained. During the budgeting process which the Minister explained that they used to arrive at this year’s budContinued on page 4

EDITORIAL

New dawn expected after Uhuru’s budget speech

he mystery that has shrouded the Budget Day for the past 48 years could now be a thing of the past, thanks to the Constitution. Under the statutes of the new law, ordinary Kenyans now not only have a right to know in advance, but they can also participate in the entire budget-making progress as part of their Constitutional Rights under the Bill of Rights. The voice of the mama mboga (vegetable sellers) and the Wanjiku’s (down trodden women) now has a place in the budget-making process, which had been a preserve of the Executive arm of Government headed by the Finance ministry. One of the biggest beneficiaries under this new political dispensation, following the promulgation of the new Constitution last August, will be women, marginal groups and the disabled. These are the groups that the Budget had

given a raw deal in the past, where the lion’s share was allocated to the military and security forces. In Chapter 12 of the Constitution on Public Finance, the principles and framework of public finance are well spelt out: “There shall be openness and accountability, including public participation in financial matters; the public finance system shall promote an equitable society; the burdens and benefits of the use of resources and public borrowing shall be shared equitably between present and future generations; public money shall be used in a prudent and responsible way; and financial management shall be responsible, and fiscal reporting shall be clear.” Despite the strong opposition to the ‘gender blind’ budget in the past from within and outside Parliament by a handful of female MPs and their supporters in the civil society, these pleas fell on deaf ears and were never given priority.

It was normal for person in charge of the Treasury to keep the entire nation waiting with bated breadth until Budget Day before revealing the contents of his famous briefcase, as far as Government revenue and expenditure for the next financial year was concerned.

Dilemma However, while the Finance Minister was supposed to share the contents of the budget with Kenyans, it appears he has breached the constitution as nobody knows what is contained in the briefcase. The country could find itself in a dilemma if Finance Minister fails to comply as per law because this could lead to a financial nightmare. The Finance minister is expected to ensure that he produces a gender responsive budget. The budget-making process has been male domi-

nated and time has come for more women to be involved at the highest decision-making level. It is noteworthy that almost half a century since attainment of independence from the British colonial powers, Kenya has never had a female Minister for Finance, Assistant minister for Finance, nor a female Finance Permanent secretary and/or a chairperson in any of the four powerful parliamentary committees. The four are House Business Committee; Public Accounts Committee (PAC); Public Investments Committee (PIC) Finance and Trade Committee. At the moment, the highest ranking woman at the Treasury is the Investment secretary, Ms Esther Koimet. Mrs Jacinta Mwatela, was her counterpart at Central Bank of Kenya, as the deputy Governor, until three years ago when she resigned and was replaced by a man.

Issue Number 18 • June 2011

Gender challenges a key holdup of the constitution

Grassroots women take leadership in fight against Aids

…By Evelyne Ogutu

…By Kim-Jenna Jurriaans

omen are still shying away from top positions hence making it hard for the realisation of the gender equity and equality that the new Constitution stands for. This is according to Mr Charles Nyachae, Chairperson of the Commission for the Implementation of the Constitution (CIC). Nyachae, who was speaking at a meeting organised by CIC, to discuss utilisation of opportunities for women in the Constitution, named gender challenges as key holdup of the new law. In his keynote address, Nyachae said: “This is a disturbing precedent and it is my hope that this will not be a trend. This then begs the question. What is inhibiting women? This is a question that I personally would like to see answered and resolved.” Nyachae further noted that there is a deliberate misconception and misinterpretation of affirmative action provisions. “The Constitution as a rule requires that one gender should not hold more than two thirds of appointments to appointive and elective positions. It is unfortunate that this rule has been misconstrued. Some of us think the requirement is that the two thirds of appointments shall be men and one third reserved for women.”

lobal efforts to stem the spread of HIV/Aids and improve the lives of people living with and affected by the virus are abundant, ranging from government initiatives to the multi-stakeholder like Global Fund for AIDS, TB and Malaria to NGO projects of all sizes. Much of this international body of work focuses on technical, biomedical approaches to HIV prevention and treatment and fails to recognise the value of grassroots women’s work in breaking silence, raising awareness and expanding access to testing and care, a crucial component in linking marginalised communities to testing and available treatment. Increasingly, grassroots women’s groups are taking leadership within their communities by creating local programmes for HIV/Aids care and prevention that incorporate and respond to local contexts and needs, like Swayam Shikshan Prayog (SSP) in India and Iseri Ibagari in Guatemala. Both organisations began their HIV/Aids advocacy after engaging in cross-regional exchanges with African grassroots groups within the Huairou Commission network — a testimony to the transformative power of peer-learning and the need to enhance poor women’s opportunities to engage in international knowledge exchanges.

Limitation The CIC chair termed it a wrong interpretation noting that there is no clause in the Constitution that limits women to only one third of the available positions. Nyachae reiterated that women can and should hold upto two thirds of the available spaces. “In any event, we have public offices, such as the Police Service, where women hold less than one third positions,” he explained. Speaking at the same function, Chairman of the Constitutional Implementation Oversight Committee, Mr Abdikadir Mohammed, said his team has declared gender imbalance in constitutional offices as a stumbling block to implementation of the

Women Voices, a Nairobi metropolitan women leaders group, were bold enough to ask the Judicial Service Commission to go for a woman Chief Justice. However, out of ten people shortlisted for the position, only two were women. The women’s statement was read by Elizabeth Mwangi. Picture: Kenyan woman Correspondent. Constitution. Mohammed noted: “If the trend is not nipped in the bud, the issue may impede if not derail implementation of the Constitution.” He cited Vetting of Judges and Magistrates Act; passed less than five months ago which was already back in Parliament for amendment, reason, the number of applicants to the Vetting Board did not meet the minimum requirement for gender equity. Only one woman applied for the job and this did not meet the two third minimum principle. For instance, for the post of Chief Justice out of ten candidates, only two women were shortlisted while for the position of Deputy Chief Justice only ten women were shortlisted against and two men. Kenya ratified the Convention on the Elimination of All forms of Discrimination against Women (CEDAW) in 1984. The Convention provides the basis for realising equality

between women and men through ensuring women’s equal access to, and equal opportunities in, political and public life. By ratifying the Convention, States commit themselves to undertake a series of measures to end discrimination against women in all forms, such measures include incorporation of the principle of equality of men and women in their constitutions and legal system as well as ensuring that elimination of all acts of discrimination against women by persons, organisations or enterprises.

Opportunities Gender and Children Affairs Minister, Ms Naomi Shabaan said opportunities for women in the Constitution are many and offer a chance for women to excel in all areas and in all spheres. Shabaan said the potential for women in the Constitution should not go to waste and it is high time women came out and applied for the positions.

“Gender disparity is still very wide and unless women come out and exploit the opportunities, this gap will not be narrowed,” observed Shabaan. The Constitution reserves 47 special seats in the National Assembly for women. This is in addition to and does not bar women from vying for elective positions in the 190 Constituencies and for the 12 political party nominations. The same applies for Senate, while there are specific positions reserved for women. There is more room to vie for the other positions. For appointive posts, such as Cabinet Secretaries, there is provision for a maximum of 22 Cabinet Secretaries, application of the two thirds principle could see Kenya having 14 women Cabinet Secretaries out of a total of 22. Nyachae also urged political parties, private sector and civil society to uphold this significant principle of gender equity and equality.

Pioneer project changing girls lives …By Macharia Mwangi

ith the inception of the free and compulsory primary education, stakeholders keen on narrowing the widening disparities between boys and girls in accessing education had seen the move as a pragmatic intervention to keep the girl child in school. What they had not envisaged was the notion that hundreds of girls abandon school at puberty and with the beginning of their monthly cycle. There are a myriad of issues to explain the disturbing trend, some drop out of school for fear of stigmatisation that comes with soiling their dresses while others leave for lack of money to buy sanitary pads. Against this backdrop, any intervention to keep these girls in school is a welcome relief. In Naivasha, one group has come out to assist girls by providing them with sanitary pads every month. The group is currently working

closely with several flower farms to ensure the project is sustainable. The area councillor has emphasised there is need for more resources to keep the project going. Grassroots is a community based organisation that is currently ensuring that more than 200 girls are receiving sanitary towels on a monthly basis. The organisation is headed by a Naivasha civic leader, Ms Esther Mengere who has introduced reusable sanitary towels in the vast constituency and the concept is slowly gaining credence.

Adolescence Mengere, a former librarian at Egerton University, is trying to make life bearable for adolescents. “We are teaching young girls who have attained puberty how to make the sanitary towels at the comfort of their homes,” she explains. Despite her busy schedule, the 36year old civic leader has made sure that school going teenage girls are receiving

sanitary towels on a monthly basis. “I realised that orphaned and less fortunate teenage girls were having problems securing sanitary towels, forcing a number of them to either abandon schooling or skip lessons,” explains Mengere. She then conducted a survey on number of schools and found out that many girls were abandoning school due to lack of sanitary towels and the figures that kept rising were alarming. Councilor Esther Mengere prepares “We decided to do something reusable sanitary towels inside her positive for the girls to assist them face office. She is introducing the new the future with confidence,” Mengere concept of using the towels to primary observes. and secondary girls in the vast The organisation has also been Naivasha constituency counselling girls as they undergo what Mengere describes as a ‘critical period’ in their lives. isation is facing financial limitations “Many people might not be in the in their quest to make the project selfpicture but girls need to be equipped sustaining and viable. with necessary information when “We are appealing to well wishers they reach puberty,” she explains. and the Government to help in boostThe civic leader admits the organ- ing the noble project,” Mengere urges.

Network SSP in India, which started out as a network of community self-help and credit groups, began to engage in HIV/Aids-awareness work in 2007. “Nobody in India was talking about Aids,” says Nasseem Shaik, a field organiser for this movement of 75,000 women leaders. “I learned about HIV at the 2007 Grassroots Academy on AIDS in Kenya.” According to the government at the time, no one was taking advantage of health services while the disease was spreading rapidly, leading the government to reach out to local community leaders. “They knew HIV would come to every home if they didn’t start talking about it,” recalls Shaik. Based on their existing health promotion and governance work, SSP became one of a number of NGOs selected for a government partnership to facilitate HIV/Aids education in local communities, for which community health workers were trained as peer educators on the disease, the available government services and to conduct counselling. Creating possibilities for exchanges of knowledge between grassroots women’s groups globally, therefore, remains crucial to the development and improvement of sustainable programs for HIV/Aids prevention and care. By bridging the gap between national policies and poor populations, these women-led initiatives ought to be recognised as a cornerstone of the successful fight against HIV/Aids worldwide. — Huairou Commission website

Issue Number 18 • June 2011

Madame President Karua embarks on the race for Presidency

…By Musa Radoli

hough she has been on record to have declared interest for the country’s top job, the launch for her presidential bid campaign marked a clear departure from previous launches conducted by a field of mainly male candidates who dominate the country’s political scene. Come 2012 when she will officially launch her presidential campaign. Although both Nobel Laurent Wangari Maathai and Minister for Water Charity Ngilu have walked this path, Karua has propelled herself to be the first woman to declare interest to occupy the most powerful position in Kenya within the new Constitution. The choice of speakers during the launch at the National Museums of Kenya headquarters clearly demonstrated Karua’s determination to stamp a completely different mark of leadership from the present political dispensation which is what millions of Kenyans are keen on moving away from.

Opportunity Indeed it is not every day that any political leader in the country gives any opportunity to a woman vegetable seller to address a charged and excited crowd of supporters to express themselves and air their concerns nor a student leader from any of the country’s institutions, apart from strictly being interested in their votes with false promises and perhaps some political monetary handouts for ‘salt’. It therefore came as a big surprise to many when Karua invited a vegetable vendor and collegeand college student, both of whomof whom had been officially invited to attend the launch of her presidential bid to address the crowd. The two expressed their deep concerns about the high cost of living. Said Karua: “At the moment, I am not considering any political alliances with any other political party but I am determined to battle it out as a Kenyan woman with other candidates who will be interested in going for the presidency.” She added: “I am launching my presidential campaign now so that I have ample time to go to all the corners of the country to sell my party policies and aspirations as well as introduce myself and tell Kenyans what I stand for.” Karua ensured that her parents, her two children, brothers and sisters as well as other close relatives attended the colourful ceremony that may be the beginning of a journey on the long tough road to State House. With the 2012 General Elections drawing near, various politicians, particularly men have announced their interest in the presidency and in the process formed alliances most of which are based on ethnic considerations. The former Minister for Justice and Constitutional Affairs who also serves as the Member of Parliament for Gichugu seems to be the only who has so far launched an official campaign with a firm promise to change Kenya.KaruaKenya. Karua plans to use a website and social networking sites like Facebook and Twitter as part of her campaign strategy. She will also use special county think tank teams that will include county professionals and residents.

Independent As politicians from Central, Rift Valley, and Eastern provinces have been busy forming interethnic alliances in preparation for the next General Elections, Karua has distinguished herself as being independent and not ready to pander to the whims of a clique of financially and politically powerful personalities. She told a charged audience at the National Museums of Kenya that the first step would be to clinch the Narc-Kenya nomination ticket at which she expressed clearly that it will be competitive and anybody else wishing to vie for the presidency on the same ticket from the party

was free to come on board. “Let the members decide whom they will want to represent their party at the presidential race in 2012,” she observed. Under the slogan Twajitokeza, which roughly translates to ‘we are in the race’, she urged Kenyans to support her as she seeks the Narc Kenya nomination for the presidential race in 2012. She reiterated that if elected, she would provide leadership to empower Kenyans. “My priorities will include food security, resettlement of internally displace persons (IDPs), stamping out corruption, impunity, education and insecurity,” said Karua. She added: “I promise to put the needs of Kenyans and Kenya first if I do ascend to the presidency.” She urged supporters to join her in changing the inter-personal engagements on critical country issues at the local and national levels saying that as far as food security is concerned, no country can develop if it is unable to feed itself. The former cabinet minister plans to institute good policies that will be sustainable, increase production and manage cost of food production. This, she pledged, at a time when corruption and impunity were squeezing the life out of the country. She said: “Those who steal from public coffers should be exposed for what they are — thieves and not heroes and be dealt with accordingly.” The MP for Gichugu has distinguished herself as a human rights campaigner and a vocal anti-graft crusader especially in parliamentary debates. She carved a niche for herself on the political scene when Narc-Kenya capturing the Juja and Makadara seats in by-elections against very powerful opposition. Karua was appointed Minister for Justice and Constitutional Affairs in January 2008 but resigned her ministerial position citing frustration in mid-2009. Karua has also distanced herself from ethnic political alliances and has refused to play second fiddle to Finance minister Uhuru Kenyatta in Central Kenya politics. She is on record saying that the era of political dynasty is gone and Kenyans should be allowed to elect leaders based on choice.

Presidency With the launch, the Gichugu MP becomes the third woman to vie for the presidency in the history of Kenya. In 1997, Water minister Charity Ngilu and environmentalist Wangari Maathai endured unsuccessful presidential bids. Karua fears nothing and when her adversaries look back at her long track record in politics, they must get nervous. Karua was active in the National Rainbow Coalition (NARC) that forced the establishment of multi-party democracy and ultimately defeated the Kenya African National Union (KANU) that had dominated politics since independence. National Rainbow Coalition won the 2002 General Election and ended four decades of KANU rule. From a tender age, Karua worked hard to overcome the disadvantage of growing up as a girl in Centralin Central Province in the 1960s. She did well in school and joined the University of Nairobi to study law, graduating in 1980. After a year of at the Kenya School of Law, she was admitted to the bar as an advocate of the High Court of Kenya. Karua would then join the Judiciary starting as a District Magistrate, a position she held from 1981 to 1987, when she left to set up a private practice. She worked in private practice as an advo-

Martha Karua of Narc-Kenya has officially launched her presidential campaign ahead of 2012 general elections. She called on anyone from within the party wishing to vie for the presidency on the same ticket to come on board. Picture: Kenyan Woman Correspondent. cate where she formed her own law firm Martha Karua and Company Advocates which she operated until 2002 when she decided to vie for the Gichugu parliamentary seat. She is known for her tough talking as well as being straight forward and openly speaking her mind. She has never failed to speak her mind both in and out of parliament and has always fought to correct things when they go wrong. Karua explains her reasons for leaving Government employment. “I realised I would be able to champion women’s ideas and democratic ideals only if I was not working for the Government.” She explains: “I joined other opposition politicians to force Moi to allow multi-party democracy after repealing Section 2A of the Constitution, which made the Kenya African National Union the only political party in Kenya.” Karua came to the limelight via the Law Society of Kenya which was like a breeding ground for many a politician, when she was elected as council member in an election that saw Paul Muite picked as chairman and Willy Mutunga is vice-chairman. Her move to contest for a seat in the LSK

“I promise to put the needs of Kenyans and Kenya first if I do ascend to the presidency. My priorities will include food security, resettlement of internally displace persons, stamping out corruption, impunity, education and insecurity.” — Martha Karua, Narc-Kenya presidential candidate

when Moi’s regime was cracking down radicals was seen as daring. During her tenure as a council member, Karua joined Opposition politicians and human rights activists to demand for reintroductionfor reintroduction of a multiparty political system, constitutional reforms, democracy and better governance. Her unflinching style in politics made her a constant thorn in the Government’s flesh during Moi’s regime. In 1997, Karua walked out on Moi’s Government citing disrespect for women when she was not allowed to address a political rally. When she entered parliament, there were six female MPs. Currently there are 22 out of a total of 222 legislators, still a small fraction despite the growth in numbers.

Support Karua strongly supported Mwai Kibaki, during his days as the Democratic Party (DP) leader and during the violent conflict that followed the disputed 2007 elections which gave birth to the current coalition government between the Orange Democratic Movement (ODM) led by Prime Minister Raila Odinga. “I supported the President at that time because that is what the defunct Electoral Commission of Kenya (ECK) said. I realised all they wanted was for Moi to be out so that those who assumed office continued with the same vices that were rampant during Moi’s era,” observes Karua. She reiterates: “Impunity and corruption are still the order of the day. So I quit because I did not want to be part of a government that does not listen to the cries of the governed.”

Issue Number 18 • June 2011

Health sector remains under financed

…By Joyce Chimbi

hen Njoki Kuria was diagnosed with cervical cancer last year, she went through the most frustrating period in her life. Being a resident of Murang’a, she had to find a relative to accommodate her in Nairobi as she joined the long queue of many other cancer patients at Kenyatta National Hospital (KNH). “It was a very trying moment seeing so many people who were in as much urgent need of medical attention as I was. One comes so close to losing hope and often what keeps one going is the courage you feel from the other patients in a much worse situation. One learns to endure and hope that the queue keeps moving so that your turn may materialise,” explains Njoki. She isShe is among millions of Kenyans who face challenges when they access public health facilities. The public is now facing serious health challenges with non-communicable diseases such as cancer taking a huge chunk of the burden of diseases.

Stakeholders While the national budget has continued to expand, the Ministry of Health remains under-budgeted making it difficult for stakeholders to push for the necessary reforms within the health sector. Access to treatment remains a big challenge in a country whose population has continued to grow exponentially. According to the recent census, Kenyans are growing by one million every year. With these challenges, certain sections of the population that require specialised medical care like women continue to suffer. “Women will, therefore, continue to carry the country’s disease burden as patients and caregivers. It is important that the Government comes to their rescue,” explains John Oloo, a health officer in Suba, Nyanza region. He adds: “With limited resources, it

has become impossible to expand public sector health facilities. For instance, Kenyatta National Hospital (KNH) is the only public hospital with the facilities, although poor, that can diagnose and treat cancer even though it has become a leading killer disease.” According to KNH, the cancer waiting list is stretched to September, this year. In June last year, Finance Minister Uhuru Kenyatta read the national budget estimated at $12.5 billion, the biggest in the country’s history. In spite of the significant 9.9 percent overall budget increment, there was a decrease on the proportion allocated to the health sector in spite of the significant population growth and subsequent increase of people in need of medical attention. It is now ten years since the Africa Union (AU) held a meeting in Abuja that called for 15 Percent Health Commitment. The outcome of the meeting dubbed Abuja Declaration, saw Heads of State pledge to allocate at least 15 percent of the national budget to the health sector. The pledge remains largely unmet by most countries with the exception of Botswana and the Seychelles. This is in spite of the fact that the Abuja Declaration 15 percent pledge remains one of the most vital show of commitment by African leaders towards health development and more importantly towards development of sustainable health. “The most telling indicator in relation to the commitment that the Government has to health is usually the percentage of the national budget that goes into the sector,” explains Nina Karani, a reproductive health project officer in Western Kenya. The proportion allocated to the health sector under the current financial year stands at 6.5 percent having decreased from seven percent in the previous financial year. The national budget is a significant indicator of how public policy is to be

Women preparing to pay for bills at a public health facility. The cost of health care has left women carrying the biggest burden of the load. Pictures: Kenyan Woman Correspondent implemented. The fact that Kenya is yet to achieve even half of the expected 15 percent allocation of the budget to the health sector is a clear indicator that the sector (health) is yet to be treated with the seriousness it deserves. This is in spite of the fact that lives are lost annually to preventable, treatable and manageable health conditions and diseases. Although the health sector is under budgeted and has experienced a significant percentage reduction, it is imperative to note that resources allocation have also shifted from curative health to preventive medicine and promotive health.

Indicators This may be due to the fact that social development and health indicators show that many lives in Kenya are lost to preventable illnesses and conditions. In Kenya, the Ministry of Health has two sub-set ministries; Ministry of Public Health and Sanitation whose focus is more on preventive and promotive health. The other is the Ministry of Medical Services that is more

focused towards curative health. According to a USAID report on Maternal Health in Kenya “approximately 14,700 women and girls die each year due to pregnancy-related complications. Additionally, another 294,000 to 441,000 women and girls will suffer from disabilities caused by complications during pregnancy and childbirth each year”. In addition, information from the country’s Medical Services reveal that 75 percent of new born deaths occurred in the first week of life due to factors such as poor quality of antenatal care, delivery services as well as the nature of the care that a new born receives. The percentage can, therefore, be drastically reduced through improved health facilities and services. According to Kenya’s Division of Malaria Control, malaria is the leading cause of morbidity and mortality in Kenya. The Division also estimates that 170 million working days are lost to the disease each year. Towards creating conditions that facilitate the promotion of health, the budget allocation enabled recruit-

ment of an additional 15 nurses and five public health technicians in each of the 210 constituencies in Kenya. “This is an important measure because most public health facilities are understaffed making it difficult to provide quality health care,” explains Oloo. Further, according to the Minister for Finance during the reading of the budget, the resources would also facilitate the expansion and upgrading of health care facilities which would also involve the purchase of ambulances for use in health facilities. Although the national budget represents and reflects many other issues of priority to the nation, none is more important than a country’s human resource. A failure to invest in the health sector, in order to improve its capacity to keep the nation healthy, impacts negatively on the country’s capacity to develop in all facets of life. The Minister for Medical Services, Prof Anyang’ Nyong’o has been calling on the public to supplement the money that goes into the health sector from the Treasury, a call that has largely continued to be met with resistance.

National budget must be gender responsive From page 1

get, there was no indication that gender begetting system was used, and the women are hoping that the Finance Minister will not ignore the gender issues within the coming budget just as he did during the 2010-2011 budget where the government indicated that it will spend Kshs 977 billion and only a small chunk was targeted at policies to improve the welfare of women.

Ignorance “It has been a hand to mouth budget for ordinary Kenyans especially women,” says a researcher at Institute of Economic Development, adding “The Government development agenda has been formulated under utter ignorance of gender issues generally.” Over the years, gender equality advocates have called for an inclusive budget but their calls have not been heeded partly due to the low representation of women in key departments within the Government as well as within decision making positions. Last year, scores of women took to the streets to protest ‘marginalisation of women in the budget’. The

women, marching under the banner of World March of Women (Kenya) chapter NGO, assembled at Uhuru Park’s Freedom Corner and presented a petition on their grievances to a group of MPs. Their petition read by Ms Jane Mati and Ms Beatrice Kamau, accused the Government of reneging on a pledge to allocate 15 per cent of its budget to health as agreed during the Heads of State meeting in Abuja in 2001. Kenya signed the ‘Abuja Declaration’ and committed to increase the health budget, but allocation has been insignificant especially for reproductive health and other social services. Analysts say the leadership has only being paying lip service to equality and equity. “Women are the drivers of the economy but there is little consideration of their welfare when the national cake is divided,” says Catherine Mbarachu who works with an international organisation in Kayole. “The Reproductive Health Bill was rejected because Parliament, which is male dominated, could see was abortion!” she adds. Mbarachu laments that successive Government policies have looked at gender in a very narrow perspective.

Despite the country having one of the highest rates of maternal deaths, budgetary allocations to the ministries of Public Health and Medical Services remain low. In 2008, the combined budget for family planning, maternal and child health was Sh67.4 million. In last year’s budget, the amounts were further reduced. According to GIZ (formerly GTZ) which supports the Government of Kenya in health financing, planning and budgeting, last year’s total budget for health as a percentage of the total budget decreased from 7.0 percent to 6.5 percent, falling further below the 15 percent Abuja targets.

Analyst GIZ says gender issues are still under-prioritised in the budget. While the move to create the Women’s Development Fund and the Youth Fund was praised, the fact that it was not created as a budget item, some analysts say made it look like tokenism that has characterised many issues regarding women. The concerns are that although women constitute 52 per cent of the total Kenyan population, majority of them

have been excluded from the formal financial services. For example few have bank accounts, can access loans and money transfer services among others. The rural women are more disadvantaged than their urban counterparts. “How can you tell a poor woman to repay a loan?” poses a consultant with GIZ. “The Government has wonderful economic development blueprints like the vision 2030. Nothing will be achieved if women continue to be treated as a separate set of citizens whose economic and social welfare is viewed outside the national budget,” she says. “There is generalisation of women needs because of the low participation in the budgeting process. It is true that the wearer of the shoe knows where it pinches most. Take an example, would a committee full of men think serious on why taxation on things like pads should be waived? She poses. In its 2004 report, Mainstreaming Gender in National budgets: The Gaps in the Kenya Budget Process, the Institute of Economic Affairs raised concerns that women continue to be overlooked in distribution of national resources. The report says the gender disparity starts from policy drafting to imple-

mentation. “The Ministry of Planning and Finance are the key players in drafting and guiding the budget writing. To begin with, the gender representation is so skewed and few women if any are involved in the process,” says a consultant with the institute. Further, the report says: “It is clear that gender mainstreaming in the planning process is ad hoc, and often times dependent on the level of involvement of stakeholders. The ad hoc nature might reflect gender unawareness among the technocrats involved in the planning process, such that when external participation is absent gender issues are overlooked.” The report says for the national budget to be engendered several things should be done. “Effective gender mainstreaming at the medium term to long term planning level would entail opening the process to stakeholders outside the government and tasking an agency within government with a gender budgeting mandate such as the Gender Commission or the Women’s Bureau,” says the report. Women will still bear the face of poverty if the budget is not gender responsive.

Issue Number 18 • June 2011

Gender agenda must be factored in revenue allocation

…By Jane Godia

he Commission on Revenue Allocation was sworn in January. Headed by former Central Bank governor, Mr Micah Cheserem is the Commission is already down to work. However things seem to be very quiet on their front and Kenyans may have forgotten that they are even there. This is because most of the focus seems to have shifted to the Commission on the Implementation of the Constitution. However, despite their quiet, Kenyans and more specifically women would like to hear what this Commission is upto especially now that the national Budget is about to be read. The newly created Commission on Revenue Allocation is charged with sharing out the national budget money to the central government and the 47 counties created under the new Constitution. At the Revenue Allocation Commission, Cheserem’s team is tasked with sharing out at least 15 per cent of national revenues collected to 47 counties every financial year. The team is also developing a formula for sharing revenue between county governments and the national government. It will also develop a concept for sharing revenue among counties. Going by the 2010-2011 fiscal estimates of KSh990 billion, a total of KSh148.5 will be channelled to the counties. The Cabinet has approved KSh111.55 million for use by the Commission during the financial year ending July 2011. The funds will go towards the enactment of the Revenue Allocation Act, salaries and allowances of the commissioners and staff, lease of office space and purchase of furniture and equipment. While the President in his appointment of Commissioners used affirmative action by including three women. The women include Ms Amina Ahmed, Fatuma Abdulkadir and Rose Osoro. The others are Prof Joseph Kimura and Prof Raphael Munavu. The secretary will be the Principal Secretary in the Finance Ministry and currently it is Mr Joseph Kinyua. The main task ahead for this body is how it will mainstream gender into revenue allocation.

Fear So far the Commission has been exhorted to work “without fear of any person or organ of government”. However, the fear among women is that the Commission could be liable to manipulation by the political class and those who do not believe in gender equality in revenue allocation. So far Kilonzo has assured Kenyans that the Cheserem team would have a free hand to work. He told them that Kenyans expected equity in revenue distribution. “You are a constitutional commission established by the popular will of the people of Kenya. You cannot be seen to be acting at the whims and caprice of any arm of government,” the minister said. The structures of governance of the 47 county governments will be released soon by experts working under the watch of Deputy Prime Minister Musalia Mudavadi. “It is your responsibility to bring this disparity of revenue distribution to a close. The economic disparities within the counties must be remedied and also promote affirmative action in disadvantaged areas,” reiterated Kilonzo. The minister urged the Commission to embrace openness and accountability by involving the public in financial matters. The new Constitution has taken away from Treasury the role of sharing out the national budget, which has been its core function since Kenya’s independence. Distribution of national resources has been hugely significant to economic growth of different parts of the country. As regional economic imbalance has emerged and become more and more pronounced over the years, the focus has shifted to the rationale that Treasury uses to share out resources. Inhabitants of the most under-developed have claimed that skewed allocation of resources has

Members of the Commission on Revenue Allocation after being sworn in January. They will decide on how money will be allocated in the counties. Picture: Kenyan woman correspondent. denied them a chance to participate in productive economic activity as they grapple with the problem of rudimentary or non-existent infrastructure. Women remain the large percentage of those ignored. On the other hand, economic theorists have argued that national resources should be allocated to areas of the country with the highest economic potential, which also happen to be the biggest contributors to the public kitty. However, the Commission on Revenue Allocation is supposed to reconcile those two competing interests by promoting equitable sharing of national resources. Experts say the Cabinet Secretary (Finance Minister) for finance will be required to present a budget for the national government after the ‘division of revenue bills’ have been worked out and clearly show what proportions are due for the national government. The Secretary will then budget on those amounts. Finance ministers in each county will also present to their governments their own budgets in each of the 47 counties based on what they would have received from the Revenue Allocation process. The Commission is to develop a clear formula for sharing revenue between county governments and national governments and also develop clear formulae for sharing revenue among the county governments. The new law stipulates that the sharing must be fair and based on population of each county. However, what has been seen in previous budgets has been a case of unequal distribution of resources. Other than regions not getting resources according to their needs, women have been left out of the budget loop totally. The way in which national budgets are usually formulated they tend to ignore the different, socially determined roles, responsibilities and capabilities of men and women. The budgets are normally formed from a gender-neutral perspective that ignore the different impacts on

men and women because their roles, responsibilities and capacities in any society are never the same. These differences are generally structured in a way that leaves women at a disadvantage in society by creating inequality gaps. However, Dr Regina Mwathe, chairperson of the National Commission on Gender and Development says all sectors that will receive money from the budget must understand gender mainstreaming to be able to impose gender responsive budget. “At the Gender Commission we have established a need for capacity strengthening when budget moves from Government to the county,” explains Mwathe.

Function The functions of the Gender Commission include that it participates in the formulation of national development policies and in liaison with the Ministry responsible for Gender, exercise general supervision over the implementation of the national policy on gender and development. Gender responsive budgets can contribute to narrowing inequality gaps. The failure to attach money to policy the failure to commitments has slowed progress towards gender equality. With the Commission on Revenue Allocation having three women on board, it is hoped that they will help put things in check by ensuring that gender is mainstreamed on the money allocated. The new Constitution reaffirms this. In Article 201 (b) (iii) it states: The public finance system shall promote an equitable society, and in particular expenditure shall promote the equitable development of the country, including making special provision for marginalised groups and areas.” In Article 203 (1) (h) it says: “The ...following criteria shall be taken into account in determining the equitable shares provided under Article 202 and in all national legislation concerning county government enacted in terms of

Facts on Commission on Revenue Allocation • According to the Act creating Commission on Revenue Allocation, the principal function of the team will be to determine the basis for the sharing of revenue from national resources by monitoring the national budget allocation in order to ensure balanced development countrywide. • Article 216 (4) of the Constitution says: “The Commission shall determine, publish and regularly review a policy in which it sets out the criteria by which to identify the marginalised areas for purpose of article 204 (2).” • The Commission on Revenue Allocation has powers to determine what the responsibilities of the counties are with regard to running and building other institutions under the control of the counties, among them schools and health centres as per each county’s needs and then advice the Treasury on the sufficient amount to allocate. • The Constitution says the Commission on Revenue Allocation shall: “Mediate in and determine disputes relating to financial arrangements between the national government and devolved governments.” • The Commission is aimed at defining and enhancing the revenue sources of governments at all levels with the objective of encouraging fiscal responsibility and moving the devolved governments over time toward financial self-sufficiency and make proposals for affirmative action. • The Commission shall also submit its recommendations to the Senate, the National Assembly, county assemblies and county executives for considerations.

this Chapter... the need for affirmative action in respect of disadvantaged areas and groups.” All organisations that advocate for gender equality must not sleep in their laurels to allow for marginalised groups that include women be discriminated against in the revenue allocation. They must be awake to the fact that they will hold the Finance Ministers for counties accountable as well as the commission itself and Senate to ensure that women’s issues that are special receive the money they deserve. This is because although budgets offer the potential to transform gender inequalities, this has not been the case previously. According to Professor Patricia KameriMbote, a lecturer of law at Strathmore University, we must have women come out to defend the gains in the Constitution to ensure gender sensitivity in budgeting. “We need to identify champions there who will ensure that each allocation has taken gender considerations on board. We must also provide back up for them so that they have the facts and figures at their fingertips when they question decisions on allocations,” advised Mbote. However, the chairperson of Maendeleo ya Wanawake, the largest women’s organisation in the country Mrs Rukia Subow says women must make very loud noise about these issues for them to be effective.

Contribute “To ensure gender budgeting considerations in resource allocation we should involve and contribute in open forum, discussions and raise our voices. We have big voices,” says Subow. Ms Naomi Wagereka, chairperson of FIDAKenya, says that women must use all channels available to make noise over the issue. “Women and advocates of gender equality should visit Cheserem and say that revenue allocation must have gender mainstreamed into it,” says Wagereka. She adds: “Previously women’s issues suffered because they were not factored into national budget.” She cites the Ministry of Gender that is so quiet because it has not been given the resources it need to work on its programmes. “The Ministry of Gender does not have the funds to do what they are supposed to be doing simple because the budget has not favoured it,” explains Wagereka. Good policy requires understanding both the impact of policy and how it might be better designed to achieve outcomes which meet the needs of women, men, girls and boys as well as different groups of women, men and children. And this must be incorporated in the new Constitution dispensation. Evidence suggests that the economic gains of gender equality lead to increased output and better development of people’s capacities. Women’s economic empowerment could provide the possibility for all countries to have some combination of increased productivity, less stress and better overall health.

Issue Number 18 • June 2011

Time for women to turn tables on affirmative action

…By Jane Godia

hat has become known as Petition Case Number 16 is a landmark defence that saw women in Kenya challenge the Executive over nominations for judicial and public appointments. As a result, the case has set precedence over what should be going on within the Constitution implementation and application. Women have been challenged to make additions and alterations to the case to see if they can petition for gender equality and equity to ensure that the next president of Kenya is a woman. Throwing down the gauntlet, Senior Counsel Stephen Mwenesi said there are many opportunities within the new Constitution that allow for exploring and exploding what it means to eliminate gender disparities. Referring to Petition 16 Mwenesi said: “If we work this case well, we will get a view of the court which will say that after 48 years of independence and with three male presidents, the time is ripe. We should have in the next decade gender equality and equity. It is time for men to stay away and allow women to take over the Presidency of this country.” He reiterated: “It will be important for women to go beyond the margins of the law. The G-10 must not only engage the court but interact with the public in spheres that include the media. We need an effective system where we get leadership from men and women in equal opportunity.” Mwenesi was speaking on Legal Interpretation on Gender Equality as reflected in the new Constitution, at the meeting organised by the G-10 and attended by senior media women. He asked the women not to fear the judges as the court will rule according to what it is given. “If you give the judges what to feed on, they will give you back what you want. When you present them with a clean cut case, there will be no room for manoeuvre no matter who is calling,” advised Mwenesi. He referred the women to one case where the applicant challenged that “no president will say he is above the law, when it is the same law that

got him to power”. The G-10 which is part of the women’s movement had called the meeting that aimed at giving legal interpretation on Gender Equality as reflected in the new Constitution. Speaking on behalf of the women’s organisations, Mrs Deborah Okumu, Executive Director for Caucus for Women’s Leadership gave a brief of how women have been part of the constitution reform agenda. “Political movement in Kenya started with the Kenya Women’s Political Caucus after failure of the affirmative action bill in Parliament,” explained Okumu. Women then pushed for affirmative action through the Constitution of Kenya Review Commission (CKRC) through which they held serious positions as district delegates. “It was through the district agenda that women were able to walk with the CKRC all over the country to get to know what women wanted included in the new law,” reiterated Okumu. It was through pushing the women’s agenda that the G-10 was formed. The coalition of women’s organisations had the obligation of looking at 10 serious issues that women wanted to identify with. “Constitutional reform and political dispensation formed part of the ten gender issues. It was important for women to get into the political space without apologies. They also needed to harness economic power that would propel them into the political space. This would enable them claim public space,” said Okumu. The G-10 organised two rallies at Mbagathi and at the Bomas of Kenya for women to engage in the constitution making process. While things seem to have been quiet in the women’s movement, the G-10 says the movement is like a river’s source which you see at one time and do not see at another yet it is running its course. According to Anne Njogu, Chairperson for the Centre for Rights Education and Awareness (CREAW), the key strategy for the women’s movement is that you must not be seen to be coming. “Women’s movement will create spaces that will deliver for everybody

Women leaders from G-10 joined by senior women journalists met to demystify affirmative action within the constitution and were taken through the [process by Prof Patricia Kameri-Mbote and Senior Counsel Stephen Mwenesi. Pictures: Kenyan Woman Correspondent.

“The CIC is also in doubt over how persons can be appointed, elected, nominated to public office as a result of the impact of Petition 16 of 2011. The interim supreme court is also asking whether they have the power to receive the petition from CIC.” — Stephen Mwenesi, Senior Counsel by quietly lobbying behind the scenes for Kenyans to get the leaders that they want,” explained Njogu. While explaining why it was important to challenge the Executive nominations in court, Njogu said women started seeing that it was business as usual after passing of the Constitution. “Women started seeing deliberate attempts at minimalistic approaches. It was then that the G-10 started to silently strategically petition the President,” explained Njogu.

She added: “We wanted a declaration from the High Court that the office of the President will respect and promote the new Constitution.” The case, reiterated Njogu, was a clear indication that women were ready to challenge patriarchy. Okumu said that while things seem to have been quiet, women want to define the agenda in the Constitution implementation and application. “Women want to create awareness around affirmative action to demystify and redefine it.” Mwenesi reminded the women that they have all documents and platforms that reinforce their importance and they can no longer continue to be in the periphery. He quoted the Holy Bible and Koran, as religious books that have in effect reiterated the importance of women. Mwenesi urged women to be clear in their agenda and of what they want. Using a metaphor of shopping, he said women must not mix up issues by going to buy a packet of milk and ending up picking other luxuries and hence running out of money. Relating the metaphor to Petition 16, Mwenesi said the case was well presented by the G-10. He added that it succeeded because it had good background information and was well presented. The Petition brought the reality of the new Constitution to the fore. He said if people look clearly, they will see that the President acted according to powers vested on him which would only have allowed him to act

otherwise until after the next General Election. This fact is clearly stated in Sixth Schedule. However, the Senior Counsel reiterated the fact that there are values in the Constitution that Kenyans must adhere to. There are issues of equity and equality as well as accountability and transparency. While reiterating the international laws being entrenched within the new law, Mwenesi said: “We need to fully domesticate these rights to make them Kenyan rights. They must be fully domesticated and activated.” While this meeting came to demystify the issue of affirmative action and send a call to the political class and parties that it will no longer be business as usual, Mwenesi challenged Kenyans’ understanding of the Constitution implementation including application by not only the citizenry but also those charged with guiding the process, which is the Constitution Implementation Commission. After the Daniel Musinga ruling on Petition 16, Kenyans were up in arms. Even the CIC was not sure of how appointments and nominations should be done and had to ask the interim Supreme Court for interpretation. Mwenesi urged the G-10 to go to court and amend the petition. “The G-10 should ask the court to interpret and apply the Constitution because it seems clear that when it was being promulgated we did not think about the process of implementation and application.”

Kenyans urged to be vigilant on law implementation …By Henry Owino

enya’s quest for a new Constitution came through a long road that was tortuous and bumpy. Lack of political goodwill from the class of leadership marked the struggle. When Kenyans who were advocating for change demanded that everyone must be involved in the process, former President Daniel arap Moi told civil society organisations that the ordinary Kenyan man and woman had no knowledge of the law making process. The ordinary person then was referred to as ‘Wanjiku’ and Moi rhetorically asked: “What does Wanjiku know about the Constitution?” The term Wanjiku is often used in reference to the ordinary person and it is this man and woman who voted overwhelmingly on August 4, 2010 to pass the new law. Presenting a the report on Ke-

nyan’s historical referendum of 2010, the Kenya Human Rights Commission (KHRC) reported that over 60 percent of eligible Kenyans voted in the new Constitution. The KHRC blew its own trumpet for having advocated for the new law and is proud of the contribution it made in the Constitution making process. The Commission said it never lost hope despite the ever shifting political interests of parties after Moi and eventually in the Grand Coalition Government both at the Executive and in the august House. In the report, the Commissioners noted that the other challenge was the emerging ethnic and political interest groups from mainstream and more evangelical Christian organisations which in effect, sought to limit equality rights as well as reproductive and sexual rights. The churches and those who were not ready used the same to mobilise Kenyans against the then proposed Constitution.

“Kenyans who were there at the 2007 General Elections when the results were being announced know why the Constitution says the President will be sworn 14 days from the time she or he is declared a winner.” — Tom Kagwe Commissioner of KHRC

The KHRC was forced to become a mediator within Commission of Experts (CoE) reference group and at the same time it had to promote civic education through community-based human rights networks. The referendum that Kenyans conducted peacefully was not just another electoral process it helped realise a new constitutional dispensation that now everybody finds expression and protection. The commissioners said people were really thirsty for new Constitution and progress so far was good. The Commissioners also urged people to read and familiarise themselves with the law. The Commissioners zeroed in on Chapter Four that captures the Bill of Rights. They urged every citizen to read it to ensure they are aware of their rights regardless of their race, tribe and gender among other status Commissioner Lawrence Mute put more emphasis on Article 59

which looks at the office of the Kenya National Human Rights and Equality Commission. He reiterated that participation of people is very important more so to the appointment of key people to hold public offices before vetting by Parliament. Mute cautioned: “Kenyans should not to sit back and watch how things happen assuming that they had passed and promulgated the Constitution and that the work will now be done transparently.” He challenged everybody who participated in the Constitution making process to ensure that no one goes against its requirements. Commissioner Tom Kagwe informed the audience: “There is a big difference between context and text depending on who was, who is and who will be there at the time when events unfold.” Kagwe said Kenyans who were there at the 2007 General Elections when the results were being announced understand much better

Issue Number 18 • June 2011

Interrogating the construction of equality commission

…By Omwa Ombara

he National Commission on Gender and Development (NCGD) has rejected proposals for a unified Commission that will see it merge with Kenya National Human Rights Commission. Calling for a strengthened independent gender commission, NGCD chairperson, Dr Regina Karega said such a merger would rubbish the gains made in the last 20 years. Speaking at a Gender Forum held at the Nairobi Safari Club, Karega said the Gender Commission was established through an Act of Parliament with structures influencing affirmative action. She observed: “Women’s needs are special needs especially with regard to matters of gender based sexual violence and reproductive health and cannot be addressed through the equality commission.”

Commission Karega reiterated: “The Act of Parliament mandated the Gender Commission to co-ordinate and help Government come up with Gender Responsive Budgeting.” She added: “The Government does not budget on issues of gender and development especially on matters of affirmative action dealing with women, youth and disability.” Reinforcing why the Gender Commission needed to stand on its own, Karega said: “A Gender and Equality Commission was too broad a mandate with its composition of five commissioners.” She expressed doubt over the ability of the State to deliver facilities and budget for even the smallest clinics down in the village to women and the disabled. Karega dismissed the argument by Human Rights Commissioners at the Forum that it would be cheaper to have one commission. “Why is it that gender aspects always have to be sacrificed when it comes to budgeting? When Gender and Sports Ministries were merged in the past, we only heard of sports and not gender,” she argued. Karega noted that 70 per cent of Government ministries and parastatals have no budget for gender issues. Citing gains made in terms of budget, Karega said the history of the Gender Commission was such that that its budget had been the cheapest at about KSh5 million every financial year but the Gender Commission had fought for it and the budget had gone up from KSh4m in 2003 and KSh17m in 2008 to KSh64m in 2010. “There will be no more than 24 ministries as per the new Constitution. How will the county governments ensure the integration of women, youth and people with disability? Next year we need 77 women in Parliament. Who will monitor the Government on delivery?” Karega posed. She emphasised: “Government must put gender as a performance indicator. Only an independent Gender Commission can do this.” Karega’s sentiments were supported by Njeri Kabeberi, Executive Director Centre for Multiparty. Citing the gender gains, Kabeberi reminded the Forum that in 2004 there were no women in political parties. “We insisted that parties could not be members of MDC if there were no women. Suddenly women surfaced,

meaning that they existed and had the interest but were not included,” she said. Observed Kabeberi: “For a long time we assumed that if there were women in political parties they were either ignorant or related to the men in the parties and a few positions could be grudgingly apportioned to them out of sympathy.” Kabeberi praised Centre for Multiparty Democracy for its inclusitivity programme for women, youths and disabled and on super minority. “They are empowered and no longer peripheral and lobby for their rights. Issues of gender are very significant issues, issues of women within this gender is very critical,” she said. “Any gains that Kenya has made should not be lost. When you start taking away an existing commission, you take away gains,” argued Kabeberi. Referring the Forum to Article 59(4) of the Constitution, Kabeberi said the merger was not a must but the article states: “Parliament shall enact legislation to give full effect to this part, and any such legislation may restructure the Commission into two or more separate commissions. So the Gender Commission had a choice to remain independent.” Kabeberi reiterated the spirit of the new Constitution that allows a balanced two-thirds majority in terms of gender equality which must continue into the commissions. She encouraged women to participate in capturing this spirit. “Why would we at the most crucial moment hide these rights under the umbrella of other commissions?” posed Kabeberi. She observed: “We cannot gain by hiding the Gender Commission in other commissions.” Kabeberi pointed out to the graduates of 8-4-4 system of education as among the gains the Commission had made and these graduates had benefitted from free education. She noted that it did not matter how long it took to achieve other gains but we must remain focused on the goal and reiterated that Kenya had waited for 20 years to have a new Constitution. “President Kibaki once said that a new Constitution is like cutting the Mugumo tree with a razor blade, but today we have one. Time is not an issue when we are fighting for human rights. Let us adopt a renewed energy, new feeling, new thrust. If you do not follow the Constitution, be assured that you will be breaking the law,” Kabeberi said. She added: “As Kenyans we must expand our hearts, minds and activities toward inclusivity. It is closure of space that prevents us as a nation from moving forward. We should not close space for this participation.” Kabeberi noted that our human rights body is not founded on sincerity and that the Gender Commission was created to please the international community. She recalled how they were given very bad names at FIDA and were accused of breaking up homes and belonging to the club of the “divorced rebellious trouble makers.” “These are our babies. It appears that there is a sibling rivalry between the two commissions. Women rights are human rights, but human rights are not necessarily women rights,” observed Kabeberi. She called for gender mainstreaming and going for what was in the best interest of the child. On the contrary, Commissioner

Women leaders from left: Alice Wahome (League of Women Voters), Regina Karega (National Commission on Gender and Development) and Njeri Kabeberi (Centre for Multi-party Democracy) during the gender forum discussions. Picture: Omwa Ombara

“Kenyans are tired of the many bodies they have to consult. The law should not be crafted leaving agencies confused.” — Winfred Lichuma, Commissioner of KNCHR Winfred Lichuma of Kenya National Commission on Human Rights supported the merger of the two commissions as one institution with several electorates. She said a unified commission would save taxpayers’ money and the essence of time was unfavourable for an independent commission as Parliament was already hard pressed in seeking to legislate different laws. Lichuma observed that Kenyans are tired of the many bodies they have to consult. The law should not be crafted leaving agencies confused. “Human rights should not be indivisible. Who decides what is equality for which commission? Are we profiling the issue of women or gender?” Lichuma posed. She added: “We do wish to duplicate the mandates to run into each other. We need one unified commission with several electorates.” Lichuma called on empowering younger blood that could move the process forward. She recommended that current old members should not even be allowed to participate in elections. Lichuma reiterated that what was most important was the kind of individuals needed to the run the electorates and called for evaluation and accessibility in monitoring. Speaking on behalf of the physically challenged Reverend Joe Koskei lauded those who had been at the forefront in pushing for women’s gains.

“I had a wish that my late mother was around to see this. She protected me at times when my disability was regarded as a curse by the society. Many disabled children are hidden in backrooms in homes and others chained in some rooms. My mother educated me. When I wanted education, I was referred to the Ministry of Culture, Sports and Heritage. I was shuffled from one office to another for many days. Only one person in the entire ministry understood my condition.” Posing a challenge to the Forum Koskei asked: “What have women been fighting for all this time? Women have been marginalised and have made gains by addressing these historical injustices. Why merge the two commissions?” A former Nominated MP and Deputy chair of the Democratic Party, Ms Rose Waruhiu, noted with concern that whenever women’s issues were raised in Parliament it elicited laughter as if it was not an important matter. Expressing her support for an independent commission, Waruhiu noted that in 1975 women’s issues were treated as a welfare issue.

Machinery “Women needed to be helped through clubs like Maendeleo ya Wanawake and a few others. In the International Women’s Day 1975, women wanted machinery where their issues could become national and therefore a human rights issue,” said Waruhiu. She added: “It was important to bring women closer from consultation with Government to being part of Government.” Waruhiu said the theme for the women’s movement was based on development and equality which is about opportunity, access and development. She called on women to be impatient with the fact that they have to plead, beg for what is their right. The Forum noted that gender and women had become synonymous within the public perception but that gender issues are not women issues. It also noted that the fact that women it was good for women to be visible. It noted that men do politics in a very nasty, corrupt and cheap way and women managed their affairs better. That women’s experiences in running their families made them better organised and reasonable leaders.

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Kenyans urged to be vigilant on law implementation why the Constitution says the President will be sworn in public 14 days from the time she or he is declared a winner. Kagwe said: “Equality is not only limited to equal treatment of men and women, but also includes many things such as opportunities in the entitlement to all documents of registration or identification, whether by birth or registration, for dual citizenship.” He reiterated that Article 59, Kenya National Human Rights and Equality Commission (KNHREC) main role is to promote respect for human rights which includes principles that underpin enjoyment of those rights such as equality and human dignity. He challenged disabled persons who have been slotted in places according the Constitution not to shy away from seeking political offices as they are people and disability is not inability. Mumbi Ngugi from FIDA Kenya stressed on discrimination amongst the cultural background in line with ethnicity and employment where employers seek to employ only people from their ethnic background or have common cultural values. She said: “This trend has slowed the pace of the country’s development.” Ngugi reiterated the need for affirmative action particularly in health sectors. “Some hospitals should be specifically stipulated for women alone not in discrimination but to their advantage as their needs for health at times requires more attention and takes time,” stressed Ngugi. Giving the international perspective, Ms Barbara Cohen said most organisations in Kenya shy away from offences to do with sex orientation. She said human rights and gender equality organisations have been proposed to merge and form one commission that caters for gender, children and the disabled. However, she said, this may not go well with the people at the grassroots who may not even feel the presence and the role of the Commission.

Issue Number 18 • June 2011

Eyes on women’s empowerment

Women leaders from all over the country joined Prime Minister Raila Odinga at the roundtable talks that deliberated on the issues of gender equality and equity. Pictures: Kenyan Woman Correspondent

By Jane Godia s Kenyans still try to understand the new constitution, questions that are lingering is how fast can it deliver in ensuring equal opportunities for men and women. The upcoming general elections remain the key pointer as to how gender equality and equity will be realised in the new Constitutional dispensation. Speaker after speaker at the Prime Minister’s Round Table Talks on Gender Equality and Equity reiterated the fact that the new constitution offered opportunities for equality and empowerment but the challenge remained with implementation and application of the law. The Prime Minister Raila Odinga has been holding round table talks with key stakeholders from various sectors because they provide a platform that would enable resolving of issues faster. Raila hoped that through round table consultations he would be able to implement what is on paper by setting timelines and ensuring action is taken. He said that although progress on women’s empowerment had been made, much more needed to be done. “This meeting provides an opportunity to identify where progress has been slow and put in measures to correct,” he observed. While reiterating the Government’s commitment to empower women, Raila said that in mainstreaming gender, the challenge has been in establishing a body to monitor what is going on.

Action “Although on paper, most things are not working and that is why these consultations are necessary,” said the PM. The Constitution has entrenched affirmative action and gender equity. This therefore calls for the Bill of Rights being translated into action. “We must help women navigate their way around the old boys network that has blocked them from empowerment,” said the PM. Raila reiterated the Government’s commitment to ensuring that challenges that stand on the way to women’s empowerment as well as gender equality and equity are removed. “To successfully implement reforms, continuous consultations must continue. We must consciously impact civic negotiation skills among women and girls,” stressed Raila. He added: “Women posses a unique set of ex-

periences and perspectives that they bring to problem solving.” The Prime Minister pointed out that gender stereotyping remained an issue of concern even with certain commissions and departments set up to handle human rights. He gave an example of gender desks at police stations which were not gender sensitive. “There is need to reform the police which still operates with a colonial mentality,” said Raila. The Permanent Secretary in the Ministry of Gender, Dr James Nyikal said the Constitution had opened up many opportunities. “We need to put in more effort to mobilise more and take advantage of opportunities within the new Constitution so it delivers all that it has for the empowerment of women,” observed Nyikal. His sentiments were echoed by Olivia Yambi who represented the United Nations Development Programme Ainea Chuma. Said Yambi: “The question that begs to answer is how fast we can deliver in ensuring equal opportunities for men and women.” She reiterated the importance of the Constitution towards realising women’s gains. “In the run up to 2012, we must make sure that quotas are met through gender responsive electoral arrangements to ensure that women are elected in numbers to get rid of the gender imbalances in Parliament.” The meeting made it clear that there is no where that women’s rights have materialised without them fighting for it. Norwegian ambassador to Kenya Ludvig Magnus echoed Yambi’s sentiments by lauding the fact that women turned out in large numbers to vote for the constitution at the referendum. He reiterated the need to find a way of addressing increased political participation and representation of women in politics. Magnus reiterated that although each society must find its avenue to ensure gender equality, it would not be wrong to copy from countries with best practices. Quoting the Bill of Rights, Magnus said that the Constitution is progressive and radical at the same time and with the Bill of Rights Kenyans must be made to understand that women’s rights are human rights. “The first benchmark is in the up coming General elections. The State and the political class must ensure greater women representation and larger political participa-

“To successfully implement reforms, continuous consultations must continue. We must consciously impact civic negotiation skills among women and girls. We must help women navigate their way around the old boys network that has blocked them from empowerment.” — Raila Odinga, Prime Minister

tion,” explained Magnus. The ambassador reiterated that women’s issues are political in nature. “Putting food on the table and concern about health care are all political and a healthy nation must be concerned about this,” observed the envoy. He reiterated: “It will be important for the Kenyan society to embrace the belief in gender equality as an ingredient for development.”

Challenge Speaking as a representative of civil society, the Executive Director of Uraia, Mr Zain Abubakar said the greatest challenge remained on how Kenyans were going to implement and operationalise the Constitution. “Confidence among Kenyans will grow if they see the Constitution work for them,” observed Abubakar. He added: “For women it has to work for them to realise their gains. The obligation is for every person, individual, corporate to respect, uphold and defend the constitution.” Abubakar said Kenyans as whole, and women in particular were seeking commitment of the government to

implement the constitution faithfully. “The Government must also share with women how it is going to address discrimination brought about by inequalities in the past and there must be a survey to look at what level women are at the moment,” said Abubakar. He reinforced the need for a gender sensitive budget to ensure allocation of resources is gender responsive as the constitution demands. “With regards to the coming elections, women seek government assurance that the polls will be held on time; will be free and fair as will as inclusive,” said Abubakar. The Constitution requires that the issue of mindset of the Kenyan is addressed by civic and voter education that must involve women in its design and implementation. This was reiterated by Winnie Lichuma of the Kenya National Human Rights and Equality Commission. “There is need to move from commitment to actual implementation. Since the Constitution is the supreme law, we need to translate it into gains,” said Lichuma. She reiterated: “Gender bills are important and there is an urgent need to have them delivered. Women want them prioritised as they will go a long way in ensuring women’s right to equality.” Lichuma urged the legislators not to water down the bills before them. “Parliament has a great role to play to make gender bills a priority and pass them,” said Lichuma. She added: “Women are watching and their accountability will be in the secrecy of the ballot box.” This fact was reinforced by Njeri Kabeberi of the Centre for Multiparty Democracy who said laws governing electoral representation must be compliant with the constitution of Kenya. “Anything inconsistent with the Constitution will be null and void. It is important to capture the spirit of gender inclusivity in the constitution,” reiterated Kabeberi. She said ambiguous clauses that will confuse women must be removed and made simple and clear for all to understand. “Gender offensive language must be outlawed because it intimidates women,” observed Kabeberi. It is with the conclusion of these talks that women agreed to address meetings and highlight issues of constitutionalism around the country so that everyone gets to understand it clearly... And with this the women hope to see changes as gender equality and equity is implemented.

“Anything inconsistent with the Constitution will be null and void. It is important to capture the spirit of gender inclusivity in the constitution.” — Njeri Kabeberi, Centre for Multiparty Democracy

“Confidence among Kenyans will grow if they see the Constitution work for them. The obligation is for every person, individual, corporate to respect, uphold and defend the constitution.” — Zain Abubakar, Executive Director of Uraia

“In the run up to 2012, we must make sure that quotas are met through gender responsive electoral arrangements to ensure that women are elected in numbers to get rid of the gender imbalances in Parliament.” — Olivia Yambi, United Nations

Issue Number 18 • June 2011

Emulate best practices on gender equality …By Omwa Ombara

he new Constitution has opened opportunities for women to increase representation and participation in politics and other offices. Reiterating how Kenyan women were responsible for the new Constitution as they make 49 per cent of registered voters, Norwegian Ambassador to Kenya Mr Ludvig Magnus said it is time advocacy and empowerment groups to be involved in the implementation of the law. He observed: “The Constitution is a foundation for change and enhancing women rights. Empowerment and equality together would help women realise their full potential in decision making positions.” Magnus used Liberian President Sirleaf Johnson’s campaign punchline ‘all the men have failed Liberia’. Sirleaf is the first woman president in Africa. “The area of priority for the Kenyan woman is in democracy and equal participation of women and men in leadership and decision making,” Magnus advised. He added: “It is the obligation of the State to ensure women’s rights and affirmative action are in place. In Norway, the Government is headed by a woman and half of the ministers are women. Women can be a strong workforce. Larger political participation of women is imminent.”

Constitution Magnus lamented that although women were concerned with access to healthcare and putting food on the table, the health situation in Kenya is still in crisis but the constitution is important as it gives guidelines to healthcare and education through the Bill of Rights. The ambassador recalled how Kenya’s image was marred worldwide by the 2007 postelection violence which gave the impression of a failed state. “Women bore the greatest loss in the chaos. The good news is that the Constitution can prevent a recurrence of such an event in future,” Magnus observed. He added: “Little by little, the Kenyan society can embrace the changes in the new Constitution.” Magnus was addressing hundreds of women at the Prime Minister’s Round Table Talks on Gender Equality and Equity at Kenya International Conference Centre, Nairobi. Magnus’s sentiments were echoed by the Prime Minister Raila Odinga who said the women’s journey to equality and empowerment

will finally arrive at its destination. “The journey of one thousand miles starts with the first step. This is the first step towards gender equality and equity,” Raila cited Norway as a country which is miles ahead of many countries in as far as embracing gender equality and equity.. The PM gave an anecdote of a trip he made to Norway while seeking political asylum and when he went to present his case to the Department of Immigration, he was received by three women — the personal assistant, Permanent secretary and Minister. Still thinking that he needed to see the minister, Raila was shocked to learn that among the three women was the Minister.

Norway “When I asked them why the minister had taken so long to see me, I was informed that the three ladies in the room were the minister, permanent secretary and public relations officer. We need to look forward to achieve what Norway has achieved. Let us look at areas where progress has been achieved or delayed and make corrections.” The PM hoped that the Roundtable talks would provide a platform to facilitate gender equality and equity. “Women form more than half of the Kenyan population. They are vibrant food producers who have made big marks in our community, unfortunately women represent the face of poverty in the country,” he observed. Raila recalled the trip he had made to Turkana after an attack by Ethiopian mercenaries and found women and children alone. “Their husbands had been killed but what touched me most was that theirs were not faces of desperation, but faces of courage.” The Prime Minister identified education as the greatest challenge facing the girl-child. He said introduction of free primary education was inspired to help solve the problem of the girl-child. Although 52 per cent of Kenyans are women, only 48 per cent of girls have enrolled in school. He regretted the fact that girls have to stay out of school due to lack of sanitary towels was disturbing. The PM ordered that the ministries of Public Health and Education ensure that with the next budget sanitary towels will be made available to all public schools. The Assistant Minister for Gender Manyala Keah said the Government was fully committed to address the multiple challenges facing women. He promised that a baseline survey will be carried out to determine the anomaly of gender inequality.

Prime minister Raila Odinga confers with Manyala Keya, assistant minister for Gender at the round table talks. Pictures: Kenyan Woman correspondent

“The area of priority for the Kenyan woman is in democracy and equal participation of women and men in leadership and decision making. It is the obligation of the State to ensure women’s rights and affirmative action are in place. In Norway, the Government is headed by a woman and half of the ministers are women. Women can be a strong workforce. Larger political participation of women is imminent.” — Ludvig Magnus, Norwegian ambassador to Kenya

Manyala promised that his Ministry will work in liaison with the Kenya Bureau of Statistics to monitor and evaluate gender strategies in addition to sensitising and training staff. According to Olivia Yambi who represented the United Nations Development Programme representative Ainea Chuma the quest for equal rights has a long history from was back 1948. Yambi reiterated that despite Kenya being part of the struggle to ensure human rights, the UN 2010 report revealed that poverty remained a major hindrance towards women’s development. “Women remain a majority in the informal sector and their role in decision making remains limited,” said Yambi. She reiterated that although the Constitution is the framework, women’s representation must be vocal. “There must be a gender responsive electoral arrangement and training of women candidates to enable them access funding and strategies,” observed Yambi. She added: “This must be backed by a strong leadership, finance and facilitation of the Constitution implementation for women.”

The politics of National Commission on Gender and Development …By Rosemary Okello

he debate on whether to establish a revamped Gender Commission or to merge it with the Kenya National Commission on Human Rights to form the Kenya National Human Rights and Equality Commission has been raging for a while now. This proposal has rubbed gender advocates the wrong way. They argue that such merging will water down affirmative action and others gains so far made in the new Constitution after many years of struggle.

Entrench Speaking recently at the Prime Minister’s Roundtable on Gender Equality and Equity, Njeri Kabeberi called on the Government to formulate Affirmative Action Bill that will instead entrench and enhance the mandate of the current Gender Commission. Responding to her concerns, Prime Minister Raila Odinga and Minister for Justice and Constitutional Affairs Mutula Kilonzo agreed that there was need to establish a separate Gender Commission.

This debate is informed by the fear that women’s issues risk being lost within the bigger framework of the human rights issues if they are merged with another commission. And since there is no guarantee that the Ministry of Gender, Children and Social Development might be among the 22 Ministry recommended by the new constitution come 2012, the country might lose the only institution which can audit the implementation of the new constitution from a gender perspective. The advocates further argue that any merging will go against the spirit of the Beijing Platform for Action (BPoA), one of the most comprehensive agenda for women’s empowerment that gravitates on 12 critical areas of concern namely: women and poverty, women and the economy, education and training for women, women and health, violence against women, women and armed conflict, women in power and decision-making, human rights of women, institutional mechanism for advancement of women, women and the media, women and the environment and the girl child. The BPoA is categorical that to en-

sure the realisation of these 12 critical areas, strong institutional mechanisms have to be put in place. Establishment of a Gender Commission is one such mechanism. Indeed, Kenya has ratified many other international declarations, conventions and protocols seeking to promote and protect the rights of women, all of which call for proper institutional mechanisms that guarantee the protection of women’s rights, a group that constitutes over 50 percent of the Kenya’s population.

Provision Considering that gender provisions within the new constitution did not come on a silver platter and that over the years women have worked very hard to make the current advances, the only way to consolidate and protect these gains is to establish institutions that work in defence of women rights. There is, however, fear that a weaker institutional mechanism may not play a critical and effective role during the implementation and application process. This concern is so valid now that

we need to make amends or new laws that relate to marriage and family affairs, property rights particularly access to land, women’s dignity, sexual abuse and harassment, affirmative action, gender sensitive language, freedom of association, expression and participation in governance, and equal employment opportunities and remuneration. Indeed, the practice in many countries in Africa that have adopted affirmative action as a principle has been to establish a Ministry of Gender and the Gender Commissions to provide guidance and leadership on issues of gender. The only challenge these structures have and continue to face is lack of resources required to carry-out their mandate. Only in ac few countries such as South Africa is the situation different. The country has created a favourable environment to promote women’s human rights, which is well resourced. Often cited as the most comprehensive globally, the national machinery, and objectives of the South Africa Gender Commission is to promote gender equality, advice and make recommendation to Parliament or any other leg-

islature with regard to any laws or proposed legislation which affects gender equality and the status of women. The Commission also monitors implementation of policies and practices of the state, statutory bodies, public bodies, private businesses, enterprises and institutions in order to promote gender equality. Tanzania too has in place a Gender Commission whose creation followed the formulation of the Development for Women and Gender policy in 2000. This policy states that women should have a representative body, which is non-partisan, free from religious, cultural and political ties to oversee women’s development. Kenya women have too, since the Bomas conference, stated their preference for a gender a commission as the only assurance that gender mainstreaming in poverty reduction strategies, access to land and credit, HIV/ Aids and other development issues, will be given priority. With many promises yet to be met 16 years since the BPoA, a Gender Commission remains the main option to accelerate the current snail-paced process of gender mainstreaming.

Issue Number 18 • June 2011

Gender perspectives could give answers on past atrocities

…By Mercy Mumo

enya’s ability to deal with past injustices will be the beginning of the transition from a culture of impunity to a just nation whose citizens experience no form of discrimination or injustice. The events of the post election violence gave momentum to the activities of the Truth Justice and Reconciliation Commission (TJRC) in probing past human rights violations throughout the country. Human rights injustices such as the Wagalla, Turbi and Daaba massacres and the post election violence have gone unpunished. In the past couple of months, the TJRC has been conducting hearings in Garissa, Mandera, Wajir, Moyale, Marsabit, Isiolo. The Commission is now in Western Province and will soon be headed to central. The hearings which run from April to September aim to provide a platform for victims, especially the women to narrate their experiences and have them documented. During a consultative meeting with women’s rights stakeholders in Nairobi, Nancy Kanyago from the TJRC Special Support Unit elaborated on what the women said in the six regions they visited. Two hundred and eighty six women attended the forums in the various towns. They opened up on the different violations they experienced. More than 5,300 statements were taken from northern Kenya.

The Chief Executive Officer of

Victims of the Wagalla Massacre demonstrating at the site where the killings took place in Wajir. To restore healing in addressing the atrocities, gender perspectives must be entrenched.

Culture During statement taking in Northern Kenya, it was clear that culture plays a major role in dictating how men and women relate. At first, the women would only talk about what their husbands and sons went through during the conflict and forgot that they too went through worse experiences. From the hearings, it emerged that mass rapes were predominant in all the towns. “In Wajir, the widows of the Wagalla Massacre came forward and revealed the scars they have lived with following the gang rapes that led to their suffering from either fistula, incontinence and infertility,” said Kanyago. According to Ambassador Maria Nzomo, a gender equality approach was central in the search for solutions that will go a long way in helping Kenyans realise that men and women had different experiences during conflict. “As a result of power relations, women carry the biggest burden during and after the war. Women play the greatest role in the reconstruction of society after conflict,” said Nzomo. She added: “Their ability to take up the burden of grief, economic responsibility for those left behind and assuming paternal roles not only burdens but also empowers them.” Nzomo reiterated the importance of including women in post conflict reconstruction. Women from the pastoralist community have started peace building initiatives to stop killings in cattle rustling in Kapedo-Lomelo area. According to the chair of North Rift Women Pastoralist Association, Rebecca

Lowoiya, women have been widowed and left with the burden of care. The peace initiative is being driven by women from other areas like Turkana, Pokot, Ilchamus and Samburu counties. Since the initiative began, the fighting has reduced. “Peace building is important not only at the grassroots but also nationally. As women, we feel that the Government is able and has the machinery to give us the security we require,” said Lowoiya adding that the Government should support the TJRC process to reach all other marginalized communities.

Society As is evident, Kenya will always remain a patriarchal society. Women remain subjugated in hierarchical structures in public, private and also within the family. They remain voiceless as a result of socio-cultural practices. “This gender imbalance and unequal power relations not only deny women access to opportunities but renders them more vulnerable to varying forms of gender based violence among other gross human rights violations in their everyday lives but more so during conflict situations,” noted Nzomo. The need to include women in all aspects of post conflict reconstruction and peace building is a fundamental pillar of UN Security Council resolution 1325. The resolution equally underscores the importance of gender perspectives in solving and prevent-

ing conflicts. It calls on all partners to adopt a gender perspective including measures to ensure the protection of and respect for human rights of women and girls. “Women’s skills in protecting their families and the experiences they gain in uniting to survive and care for their families makes them essential participants in peace building once conflict has passed,” said Nzomo. She observed that securing justice for women’s experiences in conflict through the truth commissions, therefore, entails mainstreaming a gender perspective throughout all aspects of its mandate and ensuring the implementation of its recommendations by putting in place a monitoring mechanism.

Mandate On the gender dimensions of the TJRC process, Nzomo noted that the Commission has been able to adopt a gender equality perspective in implementing its gender mandate. Through its Special Support Unit, it has been able to provide an opportunity for women to relate to their experiences paying special attention to gender based violence. Of the 124 witnesses who gave their statements, 98 were male and 26 female. This translated to 79 percent and 21 percent respectively. “The Commission has trained statement takers on the hearings, a non-confrontation non-judicial for-

mat with a gender sensitive approach. It has gone as far as hiring female investigators as well as holding women only hearings chaired by a panel of female commissioners. Interpretation services also enabled women talk in the language they were comfortable in. The women expressed the need to get redress from the local administration which ignored them in their time of need. Corruption in the local district peace committees which are dominated by men and land allocation were also cited as a major hindrance in the quest for peace, reconstruction and justice. The peace committees do not accommodate women due to stringent culture. “Women are marginalized and discriminated against. They lack access to information, health facilities, identity cards, employment and means of livelihood as they lose their livestock. Their children lacked education facilities because the schools were few and far off,” observed Kanyago. The women’s only forums that were formed have proved to be intense and informative. Women are willing to talk about their personal experiences at the same time receiving psycho-social support. Out of the 304 statement takers, 132 are women which translates to 42 percent. Thematic hearings for local women only forums will take place in camera in July 15.

“The Government should support the TJRC process to reach all other marginalized communities. Peace building is important not only at the grassroots but also nationally. As women, we feel that the Government is able and has the machinery to give us the security we require.”

— Rebecca Lowoiya, chair North Rift Women Pastoralist Association

the TJRC Patricia Nyaundi said that the Commission will ensure that the recommendations made will be informed by women’s contributions as radical reforms will need to be made in some institutions so that women’s issues are well articulated. “Resettling the victims is not enough. Removing women and children from their social relations and community is not a solution, there needs to be reconciliation,” said Nyaundi.

Visibility She reiterated that women needed to be visible for their issues to be well articulated so they could take the lead in the healing process. Commissioner Fatuma Ibrahim from the Kenya National Commission on Human Rights (KNCHR) also noted that reflections forums need to be conducted for victims and survivors of extra-judicial killings from Central Province. “After the TJRC releases its report, the KNCHR will embark on creating awareness and securing institutionalised reforms,” explained Ibrahim, adding that the report will only be useful if implemented. The Truth Commission cannot be everywhere and it is therefore important to adopt cultures and practices that preach peace and reconciliation as a way of complimenting its work.

Issue Number 18 • June 2011

Cultural sensitivity key in unlocking truth …By Florence Sipalla

ailure to adhere to different cultural norms can hamper the truth telling processes as some cultures deters people from revealing more about certain incidences. It would have been difficult for women who were raped and bore children as a result of these atrocities to recount these painful memories to statement takers who were either younger or male. Making reference to the Wagalla Massacre and the Shifta war, Peace activist Dekha Ibrahim Abdi observed that it is not possible to publicly tell atrocities committed in private in public. Speaking at a meeting that was convened by the Kenya Women Parliamentary Association (KEWOPA) during the launch of a report on monitoring of gender mainstreaming within the Truth Justice and Reconciliation Commission (TJRC), Abdi noted the importance of cultural sensitivity in the statement taking process arguing that many women would not talk about their own pain in the presence of their husbands or children.

Stigmatization “The women are more likely to speak about their experiences in third person for fear of stigmatization or further victimization by perpetrators who may attend public hearings,” she noted. Abdi told the commissioners that most traditional societies had ways of dealing with children born out of rape. “This is a very sensitive matter that needs to be told wisely to avoid creating discord in the society,” she said. Abdi revealed that the children were incorporated in the family structure to ensure they felt like part of the family unit. Thus it is important to ensure that the truth telling process does not open old wounds that were healing without providing the necessary support. Participants also urged the Truth Commission to make provisions for secondary victims such as children born out of rape, husbands of women who had been sexually violated and orphans. The Truth Commission acknowl-

edged the gap in this area and has already plugged this gap through holding special hearings for women only in the North Eastern Province. Commissioner Gertrude Chawatama recalled her experience in the region where she had attended a sitting where women shared their encounters in a session chaired by a fellow woman. Chawatama said that women were more comfortable having one of their own moderate the process. She noted that when left to work alone, women often work faster by presenting their memorandum on their painful experiences in record time as they were working within their cultural context.

Disabled Women living with disability also highlighted the need for the TJRC to make special considerations for the disabled as they hold the public hearings countrywide. Unite Disability Empowerment in Kenya (UDEK) Executive Director Salome Kimata presented the plight of blind women who would be asked if they could identify the person who raped them. Jennifer Kamande from Women Challenge to Challenge highlighted that women with disabilities faced different challenges in comparison to women without disabilities. She challenged the Commission to develop tools that would cater for people with disabilities. “How many disabled women did we hear from?” she asked referring to the study carried out by KEWOPA. The Commission’s Secretary Patricia Nyaundi said that TJRC would provide an abridged version of the report in Braille if funds were available to ensure that those who are visually challenged could also access the findings. “Children under 18 also belong to a special group that the TJRC has catered for them and they would have special hearings for children during the school holidays to ensure that their studies are not disrupted while ensuring their voices on this important process get heard,” she added. According to Kiiru Kamau, the lead researcher, no children under the

“Cultural sensitivity is important in the statement taking process. Many women will not talk about their own pain in the presence of their husbands or children Women are more likely to speak about their experiences in third person for fear of stigmatisation or further victimization by perpetrators who may attend public hearings.”

Vice Chairperson Kenya Women Parliamentarians Association, Ms Sofia Abdi Noor presents a report: Mainstreaming Gender Perspectives in the Truth Justice and Reconciliation Commission of Kenya’ to Prof Ronald Slye and Lady Justice Gertrude Chawatama, commissioners of the TJRC. Picture: Florence Sipalla.

— Dekha Ibrahim Abdi, Peace activist age of 18 gave statements to the TJRC. He noted that the public exhibited what he referred to as ‘commission fatigue’ as they had seen many commissions looking into issues talking to them. Of note was the fact that women’s stories were told by men as the women interviewed hardly spoke about themselves but about their daughters, sons and husbands. The researchers also had problems accessing prisoners due to the bureaucratic clearance processes in our prisons.

Kamau who is also a human rights lawyer indicated that the purpose of interrogating the Commission’s work from a gender approach was to ensure that the scope of crimes being investigated by the TJRC went beyond rape and defilement and considered other crimes committed against women. These include the denial of economic and social rights which are protected in the Constitution under article 43 (1). Sadly, very few women respondents captured these issues while talking to the statement takers as it seems as if many of them did not understand what was expected of them. The Constitution declares that every person has the right to the highest attainable standard of health, which includes reproductive health care, access to housing and acceptable standards of sanitation, freedom from hunger and access to clean safe water, social security and education. The report recommends the unconditional repeal of the Indemnity Act with regards to the Shifta war. Commissioner Alice Nderitu of the National Cohesion and Integration Commission (NCIC) indicated

that it was important that different agencies partnered to lobby for the repeal of this law even though TJRC has been collecting information on the war. KEWOPA recommends gender reparations in the final report by the Commission which will be issued at the completion of their term.

Plight The KEWOPA Chair and MP for Marakwet East Lina Jebii Kilimo assured the women’s movement that their counterparts in Parliament were working towards the same goal of improving the plight of the Kenyan woman. Nominated MP and KEWOPA vice Chair Sophia Abdi reiterated this position. “We are ready to support this Commission that will bring us together at this time when we need reconciliation,” she said adding that “we need to get the truth told and justice achieved.” This study that was supported by Action Aid and undertaken by KEWOPA was testament to this commitment. KEWOPA is an umbrella body that brings together the 22 women parliamentarians across party divides.

Victims of violence urged to break culture of silence …By Henry Owino

lthough sexual violence cases appear to have declined in most parts of the country, the same cannot be said of urban cases where as a matter of fact, they have become even more prevalent. Inspite of the myriad of diseases such as HIV and other sexually transmitted diseases that victims of rape continue to contract, the culture of silence is still prevalent since most cases go unreported. Worse still, the perpetrators remain at large lurking for the next victim.

Offenses It is high time society broke the silence and ignored the cultural fear of reporting sexual offenses. This way the fight against gender based violence may be won and drastically reducing this vice. The Gender Violence Recovery Centre, a non-profit making, non-partisan, charitable trust of the Nairobi Women’s Hospital has also stepped up its campaign and is calling on all victims of sexual and physical abuse to visit the facility. Staff at the institution are urging members of the society who fall victim to such abuses to report to the Nairobi Women’s Hospital for free

treatment. They can also report to any other nearest health facility for quick examination and medication before reporting the matter to the nearest police station. Leading the call, Executive Director of Gender Violence Recovery Centre, Ms Grace Wangechi, reiterated that gender based violence is an act that results in, or is likely to result to physical, sexual or psychological harm or suffering to an individual, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life subjected to the individual on the basis of their gender. “Any act of the opposite sex accessing your private parts without your consent is regarded as rape and men also get raped or sexual assaulted by women, so we work for both gender,” explained Wangechi. She said gender based violence is as crime and anybody who finds herself/himself in the situations mentioned above should immediately rush to the nearest hospital within the first 72 hours before reporting the matter to police. The treatment they will get include Post Exposure Prophylaxes (PEP) given within 72 hours of assault to help prevent HIV infection, prevention of unwanted pregnancy, prevention of sexually

transmitted infections, prevention of unwanted pregnancy, prevention of sexually transmitted infections (STI) and Hepatitis B vaccine. The Centre also provides individual and group counselling, referrals according to client specific needs such as legal aid, rehabilitation, shelter and family re-integration among others. Women and girls form the biggest percentage of gender based violence victims. The Centre was established with the main purpose of mobilising resources to provide free medical treatment and psychological support to survivors of gender based violence such as rape, defilement, physical assault and domestic violence.

Specialize The Nairobi Women’s Hospital provides holistic care to women and children. Men also benefit from the health services since they too get violated from women. The Nairobi Women’s Hospital is a private institution that specialises in obstetrics and gynaecology services. The hospital is also well equipped and staffed to handle all general medical and surgical conditions. The Group Chief Executive Officer, Dr Sam Thenya, says the hospital receives an average of 250 survivors every month. He added that ap-

proximately 40 percent are children, 57 percent women and three percent men. Said Thenya: “Ninety percent of cases that come to the Centre are of sexual violence while 98 percent of the of sexual violence survivors report that no condoms used. He added: “Ninety percent of perpetrators are known to be the survivors.” Since the establishment of the Gender Violence Recovery Centre in 2009, over 17,920 survivors of sexual physical violence have been attended to. The youngest survivor of sexual violence was a month old baby girl and the oldest being a 105-year-old woman. “I can report here that sexual violence cuts across economic, social, cultural, race, age and educational backgrounds,” explained Thenya. He added: “Rape remains one of the least reported violent crimes with reasons being fear of another assault, stigma, embarrassment, guilt and fear of being blamed or not being believed.” Others who spoke at the function said in unison that gender based violence have moved from being domestic to the larger society becoming a leading crime amongst the human rights violation. This is the reason why any gender based violence ought to be reported in both the health facilities and to the police.

Issue Number 18 • June 2011

Women call for peace building and security …By Henry Owino

exual and gender-based violence remains a central humanitarian and development concern in the Great Lakes Region. Despite the efforts being made by women in the Great Lakes Region to forge ahead, conflict within countries that have largely been characterised by long running civil wars have hampered progress. The humanitarian crisis stemming from these conflicts has cost communities and states involved billions of shillings. This has hampered development of most economies. “Our region has experienced perennial conflicts as a result of longrunning civil wars. The resultant humanitarian crisis has cost communities involved and their respective states billions of shillings. The biggest casualties of these conflicts are women and their children,” said Dr Naomi Shabaan, Kenya’s Minister for Gender, Children’s Affairs and Social Development.

Target She said during such conflicts settings, security is always compromised and women and girls become the primary targets for rape and sexual assault, with little recourse for justice. Shabaan was speaking at a meeting called by The International Conference on the Great Lakes Region (ICGLR). The two day meeting was attended by women leaders from the Great Lakes Region charged with monitoring and evaluation of gender and women’s rights including the war against sexual and gender based violence in Nairobi. The meeting sought to deliberate on actions to redress gender inequality. Shabaan emphasised on the need for women in positions of influence to ensure promotion of laws that empower women in the affected areas through dissemination of the right information. “Gender sensitive laws and access to right information will entrench gender mainstreaming and protection of women’s rights at the grassroots as well as national and regional levels,” reiterated Shabaan. She observed: “Today we have so many women in government and others are MPs in their regions, you should use your positions to empower fellow women to know their rights

and make their agenda a privilege to your respective countries.” The International Conference on the Great Lakes Region {ICGLR} is an inter-governmental organisation established by 11 Heads of State and Government under the pact on Peace, Security, Stability and Development in the Great Lakes Region signed in 2006. The resolution came about after the governments considered the high levels of discrimination against women particularly at decision making positions in the areas of peace and security, democracy and political leadership as well as economic and social governance. Shabaan observed that it was good for the women to have come together to review the progress they have made so far since the formation of ICGLR, five years ago and signed by the regions Head of States and Government . The director and national coordinator of ICGLR Ms Jean W. Kimani said the conference offered women a great opportunity to develop strategies that would lead to their commitment on the implementation of the Pact on Security, Stability and Development in the Great Lakes Region. “The conference is important for women to address the linkage issues between the problem of sexual gender based violence and the fight against illegal exploitation of natural resources in the Great Lakes Region that was declared and signed in 2010 in Lusaka by ICGLR Head of States and Government,” said Kimani. The women used the forum as a platform for advocacy, sensitisation and implementation of the protocol on prevention and suppression of sexual violence against women and children in their respective countries. The UN-Women Regional Director for Central Africa Ms Diana Ofwona said the United Nations Women (UN-Women) supports the ICGLR through the Kigali forum which crafted the Kigali Declaration which informed the process of elaborating the Pact on Peace and Security. Ofwona assured the ICGLR women of the UN support in their endeavours in terms of sponsorship for regional women forums to discuss capacity development for conflict prevention and management. She reaffirmed that the UN-

Women leaders who attended the Great Lakes Regional Conference. Pictures: Henry Owino

“Our region has experienced perennial conflicts as a result of long-running civil wars. The resultant humanitarian crisis has cost communities involved and their respective states billions of shillings. The biggest casualties of these conflicts are women and their children.” — Dr Naomi Shabaan, Minister for Gender

Women is committed to the vision of supporting initiatives to promote gender equality and women’s rights in the quest for equitable and sustainable peace and development in the region. “Supporting the initiatives on peace and security to bring substantive gender equality was not a big deal. The big problem came from understanding the impact of the approaches, both intended and unintended,” explained Ofwona.

Change She reiterated her pleasure that there were indications of positive change with gradual recovery from endemic conflict to stability, peace and democracy with some countries having peacefully concluded their national elections such as Rwanda, Burundi, Tanzania, Central Africa Republic, Uganda and Kenya’s recent constitutional referendum. “I am pleased that a step forward in the right direction as far as building and restoring peace and security is concerned is being made even the increased application quota of enhancing women’s representation in decision making organs are good to news to the ears,” Ofwona observed.

She pointed out that women’s representation in political decision making have provided entry points for increased voice and political space necessary to shape gender responsive development discourse and policy. The local women MPs at the meeting were happy that the conference came at the right time just a day after Kenya Parliament passed Female Genital Mutilation Bill that will ensure the protection of the girlchild against abuse and promote her rights. The ICGLR Secretariat is based in Bujumbura, Burundi and is its technical arm in the implementation of the Pact. Member states includes; Angola, Burundi, Central African Republic {CAR},the Democratic Republic of Congo {DRC}, Kenya, Republic of Congo{Congo Brazzaville}, Rwanda, Sudan, Uganda, Tanzania and Zambia. The meeting focused on issues of gender, women’s rights including the war against sexual and gender based violence which were key priority areas. Peace, security and stability were confirmed to be paramount for any country’s development and would help to avert gender based violence.

Organisation takes social audits to the next level …By Rocío Campos

etween 2009 and 2010 Muslims for Human Rights (MUHURI) conducted social audits of Kenya’s Constituency Development Fund (CDF) in three constituencies in Coast Province. Two of these audits resulted in improvements in the management of the CDF funds. In 2009 in Kaloleni, Muhuri forced the CDF committee to disband after a social audit revealed that the committee had approved payment for contract work that was never completed. Members of the committee were taken to court to account for the mismanagement of these critical community resources. In 2010 in Kisauni, Muhuri found that a dispensary serving HIV patients had been closed indefinitely. When questioned about it, the CDF committee claimed the dispensary was to

be upgraded. However, the social audit revealed that no funds were set aside for that purpose, and there were indications that the land on which the dispensary was located was had actually been sold illegally, and that is why the dispensary was closed. Through Muhuri’s work with the community on the social audit, the illegal sale was cancelled and funds were committed to upgrading the dispensary, which is now open and serving the public.

Auditing Muhuri is moving beyond conducting audits with communities to training communities and non-governmental organisations to undertake their own auditing exercises in order to increase the capacity to hold members of parliaments accountable for managing CDF funds. Many of these communities are now raising questions about the CDF spending in their

own localities, indicating the self-sustainability of the social audit model. Muhuri is also building linkages with national and international organisations around decentralised funds like the CDF. In addition to its work to improve the implementation of the CDF, in 2009 Muhuri filed a lawsuit in the Kenyan courts to challenge the constitutionality of the CDF law. Although the case was abandoned due to a lack of resources, the threat of legal action forced the Government to set up a CDF task force to review the implementation of the legislation. Muhuri wants to build on the success of its social audits by performing mini social audits that focus on single projects at the community level. The idea is to work with local residents to monitor projects that are close to home. The mini audits should be less expensive and require less effort on the part of residents already living in these areas. Another effort to extend the reach and deepen

the impact of its work on social audits, Muhuri is also envisioning experimenting with social audits conducted jointly with a government department, following the Indian model. Muhuri hopes that by expanding its efforts to engage communities in auditing it can generate more regular contact between citizens and elected officials and more constructive dialogue around budget monitoring practices. The CDF provides approximately $1 million each year directly to members of parliament to spend on development projects in their constituencies. Policies and programmes like the Kenya CDF that give individual legislators the authority to determine how public money is spent in their local constituency can compromise the doctrine of separation of powers, thereby undermining established systems of accountability within governments. — International Budget Partnership

Issue Number 18 • June 2011

UN takes empowering women worldwide to the next level By Michelle Bachelet

t is a great pleasure for me to be here. I realize that all of you will have much to say about women’s empowerment and women’s leadership, based on your experience in different walks of life — whether the academy, the corporate sector or international relations. I do not need to tell you, therefore, that in all walks of life, women’s empowerment requires overcoming a number of hurdles — including the gender stereotypes that relegate disproportionate responsibility for household caregiving to women, the risk of violence in public places, inadequate training and education to compete for good jobs or access global markets — and in poor households and communities especially, inability to think beyond daily survival needs. In developing our new Strategic Plan, UN Women has identified women’s economic empowerment and women’s political participation and leadership as two of our five interrelated thematic priorities — together with ending violence against women and girls and engaging women fully in peace and post-conflict processes and in national development planning. In my remarks, I will focus primarily on political empowerment, looking at women’s representation at different levels as well as in democratic transitions and post-conflict situations.

Empowerment First let me say that increasing the numbers of women in leadership positions is a sign of their empowerment, not a substitute for it. In terms of political participation, for example, election to public office reflects the ability to consult with constituents and develop a set of issues around which to mobilise support; it involves raising funds and in many cases, overcoming hostility, at times even violence. Above all, it reflects determination and the belief that women participation in political leadership is necessary to healthy and sustainable societies. At the same time, however, there is much that governments can do to provide the conditions needed to create a level playing field — ranging from the elimination of discriminatory legal provisions — in family codes, electoral codes and penal codes — to the provision of a basic level of physical and social security and access to essential services. One of the proven ways governments can level the playing field for women is through the adoption of temporary special measures, such as quotas for women’s representation. Currently, among the 26 countries in which women’s share of seats in parliament has reached at least 30 percent — recognised as the ‘critical mass’

needed to take leadership on women’s legislative priorities — at least 23 have adopted some form of quota system. The key factor in adopting such measures is political will. However, political will takes many forms. In Chile, for example, where quotas have never been popular, I realised that one thing I could do as president is appoint an equal number of women and men to Cabinet level positions, so I did that right away. While later this had to be reshuffled somewhat, the message was clear: women are qualified for and able to perform at the same level as men.

Network Recognising the role of women’s time burdens in determining their life choices, my government also provided an extensive network of free education and child-care centres, especially for poor households, so that women could work full-time or participate in community organisations or political parties in the full knowledge that their children were well cared for. In fact, the reality is that it is difficult to separate economic and political empowerment for women, since they go hand in hand. On the one hand, women are more likely to take on leadership roles if they have some degree of economic autonomy; while on the other hand, greater numbers of women in leadership positions increases their ability to secure policies that advance women’s economic empowerment in different sectors. On both of these counts, however, despite some progress, there is still a long way to go. Globally, women’s representation in national assemblies is just over 19 percent, up from 11 percent in 1995. In the United States, women’s share is just 17 percent, despite a record number of women candidates in the mid-term elections. There are only 19 women heads of state or government and women make up only 4 percent of ministerial positions worldwide. While women’s share of paid employment is now 41 percent, the top jobs still go to men. Globally only one in five senior managers are women, down from one in four two years ago. In the United States only 15 percent of senior managers are women, while in some countries it is less than 10 percent. This despite the fact that women’s increased labour force participation and earnings generate greater economic growth and positively impact health and education outcomes. The focus on women’s national political leadership can often obscure the importance of their leadership at the local level, where decisions are taken that affect women’s daily lives. It is at the local level, too, that most

Rural women during the launch of the African Women’s Decade at KICC. It has been recognised by the United Nations Women that that increasing the numbers of women in leadership positions is a sign of their empowerment, not a substitute for it. Picture: Kenyan woman Correspondent. women first become politically empowered — largely through participation in civil society organisations, where they organise for services ranging from clean water and sanitation to affordable childcare centres and effective law enforcement. Local women’s community groups also play an important role in supporting women candidates for elected office — and in demanding accountability from those they helped to elect, making sure that their leadership is built upon a solid foundation and in contact with their social base.

Engagement One of the most important factors in women’s political empowerment is providing spaces for effective engagement with their governments so that they can negotiate for gender equality priorities in legislative processes and planning decisions. This is a major priority in democratic transitions, like those taking place in countries throughout the Arab States region. In Tunisia and Egypt, for example, women played an active role in the popular protests that led to transitional governments — both on the front lines and as social media mobilisers. They have also been active in calling for the inclusion of gender equality priorities in constitutional and legal reform, citing the need to amend laws to ensure equal property rights, access to employment opportunities and greater political participation. In both countries, however they have been largely excluded from transitional decision-making, at least in the initial stages. Fortunately, in Egypt, despite some concerns that the 12 percent quota

for women’s representation in parliament would be revoked, this has been retained in the draft amendments to complementary laws to the constitution announced in March. And in Tunisia, it was announced that the Electoral Council has adopted an electoral law mandating gender parity within the Constituent Assembly that will be elected in July. This Assembly is expected to draft a new constitution, appoint a new interim government, and act as a parliament when needed. However, the speed of the transition favours already organised groups, particularly in Egypt. Following consultations with a wide range of women’s and other civil society organisations, including many grassroots groups, UN Women is supporting women’s organising, bringing different groups together to speak with one voice, and advocating for their meaningful participation in the current transitional processes. In the lead up to the September election in Egypt, UN Women is supporting civil society and women’s rights groups to hold a national women’s convention, providing a space for urban and rural women to come together to articulate their demands and develop a platform of gender equality priorities they can present to legislators and the newly emerging political parties. In both countries, women have also sought capacity building support to enable them to influence governing bodies during the transition and participate in shaping constitutional, legal, social and institutional frameworks. They recognised the need to put in place mechanisms of accountability in order to demand better service provision and the inclusion of women’s concerns in public planning and de-

“Globally, women’s representation in national assemblies is 19 percent, up from 11 percent in 1995. In the United States, women’s share is 17 percent, despite a record number of women candidates in the mid-term elections.” Michelle Bachelet, Under Secretary General and Executive Director of UN Women

cision-making, including policies for employment and poverty reduction. Many of these same issues are involved in peace and post-conflict situations. Until the adoption of Security Council resolution 1325, women and women’s rights were largely excluded from peace and recovery institutions and decision-making. Resolution 1325 was groundbreaking in this regard, recognising first that women’s experience of war and crisis is different from men’s and second, that a nation’s women are an untapped resource for building peace.

Impunity In the 11 years since its adoption, additional resolutions have gone a long way to address women as victims of conflict, recognizing the responsibility of the international community to prevent and respond to sexual violence in conflict and affirming that there can be no impunity for those who condone or commit such crimes. In terms of women’s role as agents and leaders of conflict resolution and peacebuilding, progress has been much less impressive. Some of you may know that during the first UN General Assembly in 1946, Eleanor Roosevelt insisted that women should have the opportunity to share in the work of peace and reconstruction as they did in war and resistance. Yet 66 years later, the “work of peace” is still carried out mostly by men. UN Women researched 24 peace processes since the mid-1990s and found that women averaged fewer than eight percent of the negotiating teams. And to this day no woman has been appointed as chief mediator of a UN-managed peace process. In post conflict situations, where women’s needs and perspectives can easily be overlooked, it is vital to ensure women’s political representation. Electoral quotas are again the most effective way to do this — in such systems, 34 percent of elected representative were women, while in countries without quotas, women were just 12 percent of such representatives. I am happy to report that the UN Secretary-General’s Action Plan for Gender Responsive Peacebuilding, issued last year, and to which the entire Continued on page 14

Issue Number 18 • June 2011

A tribute to Appollonia Mathias The first ever female journalist in South Sudan

…By Rosemary Okello

he death of Appollonia Mathia, a leading woman journalist in South Sudan has surely robbed the country one of the leading scribe in the media industry. A trail blazer on issues around media and women, Appollonia’s dedication to her work as a journalist can be equated to the long conflict between the South and North, in what is believed to be Africa’s longest and most brutal civil war that lasted over two decades of conflict and bloodshed. As a young journalist even though the South Sudan was the most affected particularly along the Eastern Equatoria State, Appollonia chose to stay within the country to highlight the plight of her country through her work with Sudan radio. She stood strong in the face of adversity and rose to be the most respected female journalist in South Sudan. In her own words, she portrayed the difficulties and pain that the Southerners lived through during those hard times.

Care “As a mother raising young children, Sudan was no place to be. Those were dark times, being both father and mother to my children and taking care of my sick husband. I cannot say for sure what kept me going, but the lives of my children were on my hands and I had to be strong. I also had a dream to tell the Sudan story; I had lived through it, who else could tell it better than I?” she once said. When she later joined the Juba Post as the only female editor, Appollonia had learnt how to juggle her professional life and that of family having been the only bread winner for her family and siblings. Telling the Sudan story kept her going because it became a source of hope to many Sudanese in Diaspora. It was while working at the Juba Post when our paths crossed when I was working as a consultant with the UNDP in South Sudan in 2005/2006. As a media consultant and researcher, I was tasked to carry out a study on the capacity needs of women leaders in South Sudan in a bid to assess the gaps which needed to be addressed in line with the opportunities that the Comprehensive Peace Agreement (CPA) provided.

I was also tasked to carry out training for women leaders and journalists with an aim of sensitising them on gender reporting on the implementation of the CPA. I would also show the women how they could effectively engage with the media. Appollonia, being the senior journalist among a handful of young scribes, expressed her concerns then on the lack of experience among women journalists and regretted that there was not a single woman editor in South Sudan.

Engendering agriculture becomes a reality

…By Duncan Mboyah

T Appollonia Mathia, a leading woman journalist from South Sudan who died in a road accident. Picture: Courtesy

BBC That was when I informed her that the only way she could ensure that their issues were heard was for them to form an association of media women. I never got back to her until in 2008 when Appollonia had joined the BBC as their correspondent in South Sudan and she was brought to Nairobi for training. She looked for me and informed me that she was ready to start the Women’s Media Association and after a long brainstorming session, we called the initiative South Sudan Media Women Association (SSMWA). We came up with the constitution and African Woman and Child (AWC) gave the first money for its registration. In 2009, African Woman and Child Feature Service got a grant from the then UNIFEM South Sudan Office to implement a project called Strengthening and Promotion of Respect for Women’s Rights in Southern Sudan during the countdown to the General Elections. The media was one of the major target groups and during this time, we worked closely with Appollonia. Our work involved engaging with the media in the transformation of the people of South Sudan through civic education. We would also carry out the sensitisation and awareness programme which would help the women understand the importance of their participation in the electoral process, both for elective leadership and as effective voters The other reason was to build the women’s capacity in leadership skills processes through media empowerment, effective campaigns, media engagement, negotiation and lobbying as well as advocate for gender sensitive civic and voter materials among other

tools and methodologies that inform and empower women The fact that many journalists in South Sudan had not covered elections before, AWC held several training sessions with the help of Appollonia. AWC carried a number of trainings for journalists and editors within Juba and in several other States. The areas of focus were understanding the gender dimensions within the electoral process; How to write a gender balanced story; and how the media can give space for women issues in the media and especially how to write the profiles of the women aspirants.

Rock The training and the work gave the SSMWA a visibility and soon they started attracting donor support. Again Appollonia approached me to write for them the proposal and like a child being taught how to walk, the SSMWA took off steadily and ended up becoming the rock upon which the many media women some of who had not been trained as journalists found space to engage and horn their skills. And when the 2010 Global Media Monitoring Programme was taking place spearheaded by World Association of Christian Communicators (WACC) where every five years the media throughout the world is being monitored on how they covered women, Appollonia became the face for the monitoring in South Sudan and for the first time in history of South Sudan, the media was featured in a global report. Appollonia leaves behind a rich legacy and a legacy based on fighting for women’s rights through the media.

he Association for Strengthening Agricultural Research in East and Central Africa (ASARECA) has embarked in a move that is aimed at engendering all project processes from planning, design, implementation, and monitoring and evaluation. Serving as a regional pacesetter through the regional main economic earner, agriculture, ASARECA has lined up a participatory process which has identified the development of institutional mechanisms for gender mainstreaming in programmes and projects. ASARECA is rolling out a series of training workshops on gender in the National Agricultural Research Institutes (NARS) in the 10 member countries. This move is intended to help build capacity in gender mainstreaming at ASARECA and the National Agricultural Research Institutes as the key broad areas of intervention. “Responsiveness can only be achieved through participation and understanding by all categories of stakeholders of the significance of gender mainstreaming in research,” said Forough Olinga, ASARECA’s gender expert. Olinga observed that gender mainstreaming looks at how disparities between women and men across the socioeconomic classes are manifested. “It examines the existing organisational set up, policies and practices and how they respond to the needs, priorities, and requests of both men and women,” he explained. Olinga said that regional body started the gender mainstreaming agenda in 2000 leading to the inclusion of gender into its log-frame. Subsequently, a gender mainstreaming strategy was developed and completed in 2010. Gender mainstreaming is important in agricultural research and development in Africa because agriculture is regarded as the backbone of most economies. “Agriculture provides resources and needs of the rural and urban populations, the poor and rich,” he observed. Gender concerns forces policy makers and project implementers to examine conditions in the sector as they relate to men and women. It also enables them take into account the different needs, constraints and conditions of women and men so as to find solutions. According to Dr. Faustine Wandera of Kenya Agricultural Research Institute (KARI) African women are the backbone of the rural economy since they comprise on average 70 percent of the agricultural labour force. Unfortunately they work under very unprivileged conditions with little access to extension services directed at them. “Agriculture contributes an average of 29 percent of the gross domestic product (GDP) and employs 65 percent of the labour force in Kenya,” he observed. Labour is one of the factors of production and women provide 60 percent of this labour in Kenya alone, mainly from agriculture sector. The labour distribution statistics informed the inclusion of gender mainstreaming in the Bill of rights in Kenya’s Constitution; in Kenya’s Vision 2030; in the Agricultural Sector Development Strategy; and in the performance contracts for public institutions in Kenya. “Gender mainstreaming could make science more relevant and improve livelihoods. ASARECA has chosen to ensure that all stakeholders in research are trained to ensure that future interactions are held at the same wavelength,” observed Seyfu Ketema, ASARECA’s Executive Director. He said training of scientists will empower them to respond to gender concerns in agricultural research and in turn lead to higher adoption of technologies. Ketema noted that gender mainstreaming in agriculture is crucial because targeting technologies necessitates identifying the needs of end users, which is what understanding gender relations is all about. Charles Olungah, a gender expert, observed that collaboration among various categories of stakeholders is crucial in turning opportunities from gender mainstreaming in agriculture into tangible benefits.

Women set to end all forms of violence from page 13

UN system has pledged support, includes a number of measures to address these problems. These include a requirement that at least 15 percent of UN expenditure be devoted to gender equality goals, as well as institutional changes to advance women’s empowerment through economic recovery and rule of law interventions. UN Women is working to increase our presence on the ground in order to respond to calls for support from women’s rights groups. A primary goal is to build the political voice and institutional capacity of women’s organizations, many of which have been severely damaged during the years of conflict. We are also advocating for the establishment of an international facility to support women’s institutional participation, consisting of oncall experts that can work with local women to facilitate their involvement in all official processes. What we are talking about is not only support for women’s engagement in mediation and conflict-resolution, but also for the

direct involvement of women and gender-equality specialists in all transitional institutions. In advancing women’s empowerment, attention is also focusing on public spaces, especially in urban areas. While much of this attention has focused on urban violence, it is important to recognise that cities also can offer both women and men new opportunities for autonomy and empowerment, freeing them from gender-specific restrictions on their life choices. To realize this potential, UN Women and UN HABITAT are partnering to bring public planning, police and other municipal officials together with women’s groups in order to make sure streets, neighbourhoods and other public places are spaces where women and girls have greater personal safety and security, and the right to enjoy cities and the opportunities they offer. In so doing they can demonstrate how women’s expanded access to participation in public and political life can help transform social and public norms about women’s roles and contributions to public life. Ultimately, however, women’s empowerment depends on

ending all forms of violence against women and girls, including in private homes, schools and workplaces. Here, too, we are seeing some momentum for change, as political and corporate leaders begin to count the costs. In the US, for example, costs resulting from violence against women run an estimated $5.8 billion a year in extra health and mental health care and lost productivity; in Canada, with a much smaller population and lower health care costs, the total is still $1.16 billion. This is a wake-up call — to governments, educators and corporations in all countries. They need to take action to enforce the laws against domestic violence that now exist in over 130 countries, enabling women themselves to bring about change in their own political conditions. In UN Women, they have a committed partner. Speech delivered by Ms Michelle Bachelet, Under-Secretary-General and Executive Director of UN Women at the Women’s Foreign Policy Group Luncheon, New York on April 28, 2011

Issue Number 18 • June 2011

Northern Kenya opens to demystify fistula

…By Abjata Khalif

assive education and community outreach activities on obstetric fistula in northern Kenya has demystified cultural beliefs on the condition and empowered survivors to come out of seclusion to seek treatment. Pastoralists community believe that fistula is a condition that arises as a result of a curse and that survivors who experienced obstructed labour or were faced with untimely medical intervention should be shunned and isolated before they pass on the curse to other women. Women survivors have learnt to live with stigma, abuses and name calling from fellow women. Other community members regard them as outcasts and refuse to acknowledge their greetings as they are regarded as “women of the curse”. Halima Abey, a fistula patient says women who have delivered without complications lead in mocking and calling them dead women who should not get near them. Says Abey: “Other community members are guided by cultural beliefs to sideline and stigmatise us but our fellow women are the worst as they abuse us as well as throw sticks and stones at us when we pass near them.” The problem has rendered many fistula survivors out of business as they cannot control urine leak, a situation that makes it difficult for them to continue with their milk hawking and mat selling business

Business Another survivor, Dubey Ahmed says: “The uncontrolled urine leak has thrown me out of the small scale business of making and selling mats.” She adds: “I cannot go out and sell as I am confined in my hut in making the mats and other women come and buy from me to go and sell at high price in the market.” However, the outdated beliefs on fistula are being addressed through multi-pronged strategy of educating the community to understand that the complications are normal and that the condition can be treated and prevented. Obstetric fistula is an injury of child bearing that has been relatively neglected and caused by several days of obstructed labour without timely medical intervention. Unattended obstructed labour can last up to six to seven days and the soft tissues of the pelvis are compressed between the descending baby’s head and the mother’s pelvic bone. Lack of blood flow causes tissue to die creating a hole between the mother’s birth canal and the bladder or rectum. The strategy involved includes mapping of fistula problem in the region and documenting

the difficulties the patients are undergoing due to the complication. A move has been made to have survivors secluded in remote villages and centres to come out and pour their mixed feelings on the ill treatment they have received as result of the complication. So far community elders, women leaders, elected leaders at village level have been trained. Government officials have been brought on board in creating awareness on the complication to discard cultural beliefs that alienate, sideline and stigmatise fistula patients. Since the start of the fistula awareness and treatment campaign in northern Kenya, every village has benefited from education through public forums while supplementary education are done through community radio that reach every corner of the region.

Awareness The Executive Director of community based Women organisation Frontier Indigenous Network, Ms Asha Mulki says: “We have since seen changes in the community since the start of the fistula education and awareness campaigns that started in February 2010.” She observes: “Through the education we realized the community lacked knowledge or information on the complication and now they understand what is fistula, what causes it and that it is a treatable complication.” The awareness creation has also made the villagers understand that survivors need care and love, and not high level stigma. Mulki adds: “We saw that the entry point in dealing with the problem was to consult the survivors first and know the problems they are facing and how we can jointly go out and face it head-on.” Survivors were given counselling and trauma and healing sessions so as to prepare them for surgical operation as well as help them integrate back to the society. Through the initiative 50 survivors were taken to Mwingi District Hospital, some 350 kilometres away for surgical operation. “We started taking them to Mwingi District Hospital which is the only facility in this region with a special ward for fistula operation with experienced surgeons to undertake the operations,” explains Mulki. She adds: “We transfer five women weekly for the operations as we continue taking others

Dubey Ahmed, a fistula patients making mats for sale to other women. The complication stopped her from selling the mats in main market due to urine leaks. Picture: Abjata Khalif slowly due to high bookings at the hospital.” Mwingi District Hospital has a capacity of holding 81 fistula patients for the operations as it has three medical officers, two anaesthetists and 102 nurses who are specialised in carrying out surgery on fistula survivors from vast northern region that holds three districts and Eastern Province with eight districts. Says Mulki: “Mwingi District Hospital is the hub for fistula patients in this vast region and we need to book patients before taking them from remote areas to the district headquarters before being taken to Mwingi. We are facing challenges with bookings but they are doing a wonderful job.” However, out of the 50 patients who underwent surgical operation some have experienced breakdown of repairs while those successfully operated have been given a post-operation care in Garissa town before they were allowed to go back home and resume their daily lives. “We have witnessed cases of patients having breakdown of repairs and we have included them in the list to undergo a second surgery,” explains Mulki. She adds: “Others who underwent successful repairs are receiving post-surgical operation care and education on how to face other pregnancies and the best option is to ensure the problems should not recur.”

“Other community members are guided by cultural beliefs to sideline and stigmatise us but our fellow women are the worst as they abuse us as well as throw sticks and stones at us when we pass near them.” — Halima Abey, fistula survivor

During the consultation and education sessions, survivors recounted the inhumane treatment they face with some demonstrating how their husbands left them to marry other women while others were returned back to their parents’ homes as they were no longer regarded as useful women. One of the survivors, Hawa Kinsi narrated amid sobs how she went into obstructed labour in Eldera village in northern Kenya. It took her eight days to reach the local dispensary through a camel ride before she was rushed to Garissa Hospital. “I went into obstructed labour and when I was rushed to hospital after eight days ordeal the nurses told me that my baby had passed away,” says Kinsi. “It was then that I realised something unusual with me as I could not control urine. The nurses told me that the eight days obstructed labour had caused the problem and that I should look for a way of getting surgery to correct the problem.” Kinsi is among hundreds of women who were discharged from Garissa Provincial Hospital with the complication as the facility cannot handle the surgical operation for fistula repair. According to Mulki, local health centres and hospitals in northern Kenya do not avail proper information for survivors on how the complication arises and why the health facilities will not be able to repair it. “The hospital management is supposed to offer counselling and advice on the cause of the complication and give the patients information on how to get repair as well as where to find facilities that offer the service,” explains Mulki. “Most of them leave the hospital knowing the complication cannot be handled by the hospital and that the condition is untreatable. This increases trauma and hopelessness to patients,” explains Mulki.

Lack of information continues to make unsafe abortion part of our lives …By Jane Godia

woman, a mother of seven children, found to be having signs of having given birth is arrested and detained in police cells. This is after the police found a foetus in a bush within a village in Suswa area, Subukia District of Rift Valley in Kenya. The woman was accused of having thrown the foetus within a nursery school compound. The villagers, rounded women who were highly suspected of having committed the heinous crime and got elderly women to search them. It is at this point that the woman was found to have signs of having given birth. Abortion remains a big issue to women and girls, married and single. This woman was a mother of seven children and she had a husband. But looking at the livelihood status she knew that they could not afford another child, hence her reason for aborting. The woman was married but she

said she is the one who has to provide for her family. Why did this woman procure an unsafe abortion? What options had been put out for her? Did she have the write information with regards to family planning? Did she have information that she was putting her life at risk by procuring an unsafe abortion? Did she know of the medical side effects?

Suffering The woman’s is now languishing in jail. Her children are suffering because, she is the one who used to provide for her family. What good have the police done in jailing this woman? Are they really helping her? What will happen to her children? This woman would not have procured an abortion if she had the right information with regards to family planning and reproductive health services. Somebody should have talked to her about having only the number of babies that one can afford to take care of. Somebody should have talked

to her about how to stop having an unwanted or unplanned pregnancy. The woman’s story clearly depicts how provision of reproductive and family planning services have failed to reach those who they are intended for. It also depicts how many women are putting their lives at risk by procuring unsafe abortion. New estimates show that haemorrhage and hypertension account for more than half of maternal deaths. Haemorrhage 35 percent and hypertension 18 percent. Is there a way that reproductive and sexual health services can be decentralised from major hospitals and towns so they can trickle down to the villages where poor and illiterate women and men can access them? This would make them understand the burden that comes with having more children than they are able to cater for. A recently launched book and documentary Burying Our Heads in the Sand and Turning Down the Wick respectively, are a collection of testimonies from women of all social

classes who for one reason or another have experienced unplanned/unwanted pregnancy and resorted to abortion through the most crude means available to them. The women when procuring this abortion have not thought about what would happen to them if the action failed or if something went wrong. Many of them are quoted saying they did not care if they died.

Services Currently Kenya is among the countries where access to medical products, technologies and essential drugs remain erratic, contributing to low coverage of family planning and poor availability of emergency obstetric care services. The issue of unsafe abortion can only be addressed if girls and boys as well as men and women have the right information on sexuality education as well as access to reproductive health services and facilities. Family planning and reproductive health services and facilities must be accessible and

functional and availed at no costing. Resources must be increased and allocated to reproductive health and family planning without any politics being around it. Political commitment on maternal health and this includes reproductive health and family planning will help in access to services and facilities. Reducing unwanted pregnancies reduces overall births, including those among adolescent women, and therefore reduces maternal deaths and unsafe abortions. Women like the one from Subukia will never procure abortion if they have more information about child spacing and use of contraceptives. Family planning must be integrated in all functional public health facilities, including the voluntary counselling and testing centres. However, for as long as the country continues to bury its head in the sand that unsafe abortion is not taking place, women and girls will continue to die or face lifelong health consequences.

Issue Number 18 • June 2011

Constitution has good tidings but women lack information on it

…By Charles Njeru

efore August 27, 2010, women were in dire straits. Many were victims of customary laws that did not allow them to inherit land from their husbands or fathers. However, since promulgation of the Constitution in August, last year, many women are now enjoying the land rights that include ownership through inheritance. One such woman is Sally Khaminwa, 35 from Kakamega, widowed eight months ago. She became a land owner following the death of her husband, last year. Khaminwa is able to farm on this land planting both food and cash crops. The latter bring her income while with the food crops she is able to feed her six children aged between six and 17.

Property The Constitution allows women to inherit land and own property. Khaminwa is lucky as she lives in an area where wife inheritance is rampant and cases of women losing their right to property with the death of their husbands are just too common. Khaminwa inherited six acres of land, which is considered big since the average size of land many people in this area own is just about one and a half acres. “My husband died two weeks before the promulgation of the constitution last year. Before his death, my husband had written a will of how his property should be distributed and he refused to listen to selfish relatives who wanted to disinherit me and my children,” explains Khaminwa. She adds: “Now that he is gone,

things have cooled down and there is not much infighting between us and other relatives. There have been a few small incidences but these too have subsided.” Statistics indicate that majority of voters at the referendum for the new Constitution were women. The new law gives women many opportunities through the Bill of Rights among other rights. The Constitution is a way forward for Kenya and it has given space to women who have been sidelined for many decades in the development agenda of the country. Women play non-political role towards poverty eradication, education and several other factors affecting the country. “We are also peace negotiators when we see people fighting,” said Ms Njoki Ndung’u, who was a member of the Committee of Experts that drafted the law. She adds: “Women produce 80 percent of the food crop in Africa and their right to own and inherit land remains an important factor.” Women do a lot of agricultural work on farms yet majority of them do not own land. A report by Human Rights Watch shows that only five percent of Kenyan women own land

A woman tending to her tea in the farm. Many women have been sidelined due to culture that bars them from inheriting land. However, the new constitution now allows women to inherit land from their husbands and fathers. Picture: Kenyan woman Correspondent. yet they do most of the tilling. They play an important role towards the country’s food security. “If a mother does not get land after the death of her husband, she can go to court to champion that right and win her case. With time, there will be very little women dependency syndrome

“My husband died two weeks before the promulgation of the constitution last year. Before his death, my husband had written a will of how his property should be distributed and he refused to listen to selfish relatives who wanted to disinherit me and my children.” — Sally Khaminwa, widow from Kakamega

on men as a result of the new law,” Ndung’u explains. Many women’s rights advocates say that despite the new law being put in place, there is need for enhanced civic education as most people do not know some of the important clauses. “Majority of the women who voted for the Constitution and those who did not are still not aware of the rights and opportunities that the new law gives them. The new law will go into full implementation by 2012,” says Mr John Kamanga, a scholar at the University of Nairobi. Part of the law has already been implemented. There are some articles that need to be legislated and enacted into law. However, despite the Constitution having many gains that are gender sensitive, violations against women continue unabated.

“For instance, many women are being continually harassed by law enforcers for no apparent reasons,” explains Ndung’u. Gitau Njoroge 48, a father of two children says all his children are equal and that they all have the right to his property. “I own more than three acres of land and all my children will have equal access to my property when I die. I was educated a lot on the new law and the rights of women,” says Njoroge who lives in Mai Mahiu, on the outskirts of Naivasha. He observes: “I have a daughter and a son and none is more superior to the other.” The issue of women having the right to own and inherit land is set to begin when the Kenya Land Alliance plans to begin a women’s land movement.

Awareness must be created for environmental sustainability …By Samwel Kipsang

hen a group of women at Mulot in Narok South, Narok County were asked where they get timber and firewood since trees in their farms were disappearing, they replied from the hills south of their farms. When they were told the hills they were talking of would be reduced to bare land with scanty shrubs, they replied that they would get their firewood from the Maasai woodlands, beyond the hills. Even though they were made to know that even beyond the hills, the trees would get finished, they were still not moved.

Firewood Yet other than destroying trees for firewood, women are also destroying young trees that they are using as pasture. We all know that livestock remains a major source of livelihood among many communities. However, because of dwindling land space and lack of herdsmen, some rural women are tying their livestock on newly planted trees. If any one dares confront them, they get ir-

ritated to an extent of saying that the trees were becoming a nuisance. These women do not seem to understand nature and the environment. They view tree planting as a waste of time. Their actions therefore, point to the need that a lot needs to be done to fully involve women in environmental conservation including tree planting. This means there is need for more NGOs, churches, and the Government to visit rural areas to encourage formation and capacity building of women’s community based organisations (CBOs). However, there are currently a few nongovernmental organisations assisting women in coming up with tree nurseries and importance

of planting trees. One such organisation is Plant a Tree in Africa which is based in the United Kingdom. The organisation runs its activities through Future in Our Hands Project (FIOH). It has worked with women to raise seedlings and plant trees in Kisumu and Kimilili. The trees that were planted by the women have now reached maturity. The other organisation is Trees for the Future which has involved women in tree planting within central and western Kenya. According to Nonika Sengal of World Wide Fund (WWF) of India, the challenge facing development of women in India is not merely a problem of finance but also one of motivating and mobilising them. The same case is true in Kenya where most women lack motivation to

“Since fuel, fodder and water collection are the accepted responsibilities for women, environmental degradation will deny them these basic necessities.” — Nonika Sengal, WWF

raise tree seedlings and take care of them. Says Sengal: “Since fuel, fodder and water collection are the accepted responsibilities for women, environmental degradation will deny them these basic necessities.”

Distribution Biotechnology Kenya, an organisation involved in seed development, raising of tree seedlings and distribution, says that statistics on the rate of tree planting (supply) and consumption (demand) in Kenya are decreasing. The organisation says to achieve sustainable supply of tree products and services in Kenya, over 200 million trees should be planted annually but less than 35 million get planted while an estimated 65 percent of the national demand for wood goes unmet. Tree planting and conservation cannot be taken lightly. The FIOH Project website has gives information on many trees with a wide range of uses and benefits. They include uses such as food, firewood, charcoal, timber, poles, posts, tool handles, utensils, medicine, fodder, mulch, soil improvement, shade, dyes, flooring, nitrogen fixing, making of veneer and plywood.

Issue Number 18 • June 2011

Suzzane Kuria becomes a fisher for men

…By Faith Muiruri

ow often do you have an idea or inspiration that lights you up for a moment? How often do you let it go without acting on it? Maybe it seems like too much trouble, or you just think you are too ordinary to actually make a difference. Suzanne Njeri Kuria is a living testimony of what can happen today if you seize that idea and act on it. Kuria had just abandoned her trade in horticultural farming in 2007 to pursue her dream in fish farming at her farm in Kiamumbi area along Kamiti road in Nairobi. What she did not know is that she was setting herself on a path that would three years later irrevocably alter her life.

Information “At the initial stages it was a nightmare. I did not know where to get the information I needed to set up a fish farm. At one point I found myself talking to fishermen from Lake Victoria region. Although the plan was not bearing much fruit I still went ahead and established Kamiti Fish and Integrated Farm (KFIF),” Kuria recalls. Having started the project and with the desire to go ahead and realise her dreams, Kuria was not prepared with the setbacks that would come along her path. “I would wake up and find all my stock dead. However, this did not deter me as I would replenish the stock and forge ahead,” she explains. She decided to look for a professional who could help her deal with the challenges. “I consulted Prof Ngugi Chege, an expert from Moi University and that encounter ushered a new beginning in my business enterprise.” Kuria started with ornamental fish, before she ventured into Tilapia and later went into cage farming. The results have been overwhelming. Today she is one of the private hatcheries who are reaping highly from the Government sponsored Economic Stimulus Programme (ESP) which aims at replenishing the dwindling fish stock in the country. Kuria has been listed among hatcheries that are mandated to breed and supply quality fingerlings to clusters that have been formed under the ESP. She is currently supplying fingerlings to farmers in areas as far as Embu, Meru, Thika and Kiambu. “The demand is high and the returns are quite impressive. I have the capacity to supply about one million fingerlings per month at KSh3 per piece,” she says. She is currently working to supply 400,000 fingerlings to farmers under the ESP. “I have just received a Local Purchase Order (LPO) to supply farmers with fingerlings as the government intensifies efforts to stock completed fish ponds,” Kuria explains. The initiative has had an extraordinary impact on hundreds of other people who depend on her. It has also had a transformative effect on her. Kuria works with street children and disad-

vantaged members of the society. She says most of the income generated from her farm is ploughed back into initiatives geared towards supporting destitute children through an organisation called Cidatel of Hope. She also runs a mentorship programme where the youth are taught on how to deal with life’s challenges. Through the programme youth are taught how to make an aquarium. The trained youth are later linked to people who buy the aquarium and with that they are able to earn a living by managing them. About 368 youth have benefitted from the programme and majority are either in school or college. Kuria also works closely with fisheries officers who link her up with individual farmers who want to venture into fish farming. She works in collaboration with the Sustainable Aquaculture Research Networks in Sub Saharan Africa (SARNISSA) to organise field days and share information and experiences with farmers. “Knowledge is very critical for anyone who wants to venture into fish farming. That is why I train farmers every Wednesday and Saturday on how well they can manage their fish farms,” she affirms. Kuria intends to expand her business by investing in a bigger and better hatchery. However, she is constrained by resources and requires about KSh15 million to put up a resource centre which will also serve fish farmers in the surrounding area. “However, conditions for accessing credit are not favourable to fish farmers since most commercial banks demand immediate repayment of loans when we can only be able to repay the same after three months,” she says.

Credit Kuria reiterates that banks should consider limitations that come with aquaculture production and revise their terms to enable more fish farmers access credit. Under the ESP, a total of 200 fish ponds have been constructed in 140 constituencies during the first phase at a cost of KSh632 million. This is likely to boost fish production in the country to 7,560 metric tonnes from the current 4,250 metric tonnes. According to the Chief Fisheries Officer, Mr Sammy Macharia, the department is projecting

Kuria showing her catch while one of her employees feeds the fish

that KSh4 billion will be generated from the sector in next three years. “A total of KSh1.134 billion is anticipated at the initial phase where each of the 28,000 newly constructed fish ponds is likely to produce at least 270 kilogrammes of fish. The Government is expected to save an equivalent amount in imports,” observes Macharia. The Government is at the moment pushing for the establishment of an aquaculture certification scheme which will allow farmers to export fish both at the regional and international market. Macharia says the scheme will outline procedures to be followed at all levels of production to ensure that they meet the required international standards. “The scheme will also focus on packaging of fish produced locally to allow for traceability of the product at the international market,” explains Macharia. He adds: “The certification will ensure that they follow certified processes

“At the initial stages it was a nightmare. I did not know where to get the information I needed to set up a fish farm. At one point I found myself talking to fishermen from Lake Victoria region. Although the plan was not bearing much fruit I still went ahead and established Kamiti Fish and Integrated Farm.” — Suzanne Kuria, Fish farmer

and approved packaging modalities to allow for traceability of Kenyan Fish.” This will be done under the guidance of the Directorate of Fish Inspection and Quality Assurance. The Directorate is charged with ensuring that fish farming practices adhere to the fish quality assurance requirement for the farmed fish to be acceptable at local and international markets. The Ministry of Fisheries is also emphasising formation of Farmers Cluster Associations and cooperative movements to enhance coordination of the clusters’ activities for easy inputs supply and marketing of aquaculture products. “Through the clusters, farmers will synchronise stocking and harvesting of fish in tandem with the market demands,” observes Macharia. Currently around 7,000 farmers are under aquaculture and the number is expected to go up to 28,000 with the through ESP programme. The Government also intends to increase production of fingerlings at the Sagana Aquaculture Centre. The Ministry of Fisheries is encouraging establishment of private fingerling production and fish production enterprises as a way of addressing limitations currently being experienced in stocking fish ponds. Rift Valley Province leads in the number of completed ponds with 2,731 followed by Nyanza which has 2,561 while Central comes third with 2,546. Western Province has 2,336, Eastern has 1,640 and Coast has the least with 319 ponds.

Women in Meru court innovation as poverty bites …By David Njagi

omen might only own five percent of titled land. They must also be the lowest population when it comes to land ownership and access. Yet women provide over 80 percent of labour that goes into land. This is why when they saw her gathering plastic bottles at the local shopping centre, residents of Karithiiria village in Meru dismissed Mary Rintari as another Kenyan who the biting drought had chosen not to spare.

Curiousity But when she later stopped at their shops and homes with a unique product that has now become the talk of the village, their scorn grew into

curiosity with a few of them ending up at Rintari’s home to find out what she does with the waste plastic bottles that she collects. The plastic bottles, they found out, which also litter most shopping centres in Meru, are part of a chemical process that Rintari has started in her rural home. These bottles end up being filled with different quantities of liquid soap that she manufactures. It all started when Rintari, wearing a hand woven mask and assembled the ingredients outside her timber walled house. “The mask is for protecting me from the gases that some of the chemicals emit,” Rintari explains as she pours a kilogramme of industrial salt into a wash basin. She then reaches for a wooden spoon which she uses to mix the con-

tents into a greyish concoction, after adding a cocktail of chemicals. In about an hour, she will have repeated severally the ritual of mixing and stirring with occasional additions of water, colour, perfume and caustic soda. “After one hour I have my 20 litres of liquid soap ready which I then proceed to fill into plastic containers of assorted sizes measuring between 200 ml to ten litres,” says Rintari, a mother of three.

Demand “I then saddle them on my bicycle and proceed to close my sale which fetches KSh1,000 although I can have a demand of as much as 60 litres in a day,” she explains. Like many farmers in the semi arid parts of Meru, the persistent drought which dots most parts of the

country has not spared them. Most of them watch helplessly as the crop they sow wither away due to an irregular weather pattern that meteorologists say is likely to persist due to the effects of climate change. For residents of Karithiiria Village, however, crops that survive the scorch of the sun are usually wiped out by sporadic raids from elephants, which the electric fence that the Kenya Wildlife Service (KWS) has erected around Muitho kwa Nkunga Forest cannot stop. While most of the farmers abandon their farms and filter into urban areas to do odd jobs, those that take options like Rintari find themselves helplessly looking for an income generating activity to offset the losses that they incur in their farms.

According to Dr Karambu Ringera, founder of a grassroots movement that seeks to help create income generating activities for farmers, the semi arid areas of Meru are experiencing a rapid rural-urban migration, leaving most villages caving under the helplessness of the elderly. Through the International Peace Initiative (IPI) movement, however, farmers are being encouraged to invest in cottage industries which include bio-intensive agriculture, soap and detergent making as well as engaging in various crafts such as bead work, basketry and confectioneries.

Farming “We are seeing a situation where farming can no longer be depended upon as a promising investment,” says Continued on page 18

Issue Number 18 • June 2011

New leadership in Libya sidelines women burst into a hotel full of journalists in March to tell her story of being raped by Gaddafi militiamen. “We will not be silent,” one speaker said. But most of the talk at the conference revolved around the more pressing issues of the war against Gaddafi and the need to support the men fighting on the front lines. For mothers, there was advice: do not raise another dictator. One of the speakers, Muna Sahli, a university professor, said the conference, which was aimed at housewives, was intended to lay the base for democracy in a society that had been closed and monitored by the government for decades. “We are preparing women, to accept the other, to raise children, to understand their role in a democratic society,” she said. “Lots of women are still at home. Political work is not confined to taking a position in the country.”

…By Kareem Fahim

n recent days, after weeks of delays and closed-door meetings, rebel leaders here have announced a slate of new appointments, including a defence chief and a Minister for Reconstruction and Infrastructure. They have added members to a national council, to represent areas in southern, central and western Libya, all in an effort to bolster the revolution, better represent the country as a whole and — in the event that Colonel Muammar Gaddafi bolts — make civil war unlikely, the rebel leaders explained. But one group has been lost in the reshuffling — women. While the fledgling rebel government has more than doubled in size, women now occupy just two of the 40 or so positions in the leadership. A woman had been expected to be named to be Education Minister, but after a number of candidates were passed over or refused the job, a man is now expected to take over the ministry. For a revolutionary movement that was started by women — the female relatives of men killed in one of Gaddafi’s jails — their exclusion at the highest levels is alienating long time democracy activists and has added to concerns about decision-making in the three-month-old movement, which seems to grow more inscrutable by the day.

Will

Voice “We are having a problem now,” said Hana el-Gallal, a prominent human rights lawyer who was said to be a candidate for the education position. “In the old regime we didn’t have any voice in the economic and political sector. Now, in these two sectors we don’t have any presence.” Enas Eldrasy, a 23-year-old radiation therapist, recently quit her job working for the national council, in part because she said she was relegated to busy work. “When the revolution started, women had a big role. Now, it is dissolved, it has disappeared. I don’t know why,” she said Salwa Bugaighis, a lawyer who took an early leading role in the revolution, said: “We want more. I think it’s important to be in the place where they make the decisions.” Other women say they are not overly concerned about the lack of women in leadership roles, saying that the governing structures are temporary and reflect the rush to keep the rebel areas from descending into chaos. “I am not at all worried,” said Molly Tarhuni, an independent analyst in Benghazi who is studying the rebel movement. “This is so temporary and transi-

tional. I don’t think it’s fair to say it’s microcosmic of what will happen in the future. I think women are going to play an immense role.” Amina Megheirbi, who runs a group called Tawasul that provides training and other services for young people and women, said: “We want people who are qualified. The revolution was led by women. I am sure we will have an important role.” Libyan women already face growing dangers. Public health officials say they have received evidence that scores of women were raped by soldiers in Gaddafi’s forces, and though several organisations are mobilising teams to help the rape victims, the effort remains fractured and without central leadership. The war is also leading to increased incidents of domestic violence, doctors say. Some women also admitted to worries that progress they had made in recent decades could be undone. Despite Gaddafi’s violent suppression of

Libyan women protesting with placards as they call on their President Muammar Gaddafi to resign. The revolutionary movement that was started by women has seen no woman being appointed to the Council that seeks to replace Gaddafi. Pictures: Courtesy

political dissent, women made strides under his rule, entering secondary schools and universities in large numbers. Many became doctors, lawyers and judges, and several women also held senior government positions.

Their concerns have spurred calls for a greater voice. At a conference in Benghazi this week, where speakers discussed the role of women in the revolution, several people mentioned the example of Eman al-Obeidy, who

And she and others said that despite setbacks, women — including gynaecologists, economists and judges — were still driving the revolution. “There is such a willingness to push to the forefront, by a groundswell of female activists getting things done,” said Tarhuni. The majority of active initiatives are being done by women.” Some have blamed the realities of war in a conservative society for the lack of female leaders. Fawzia Bariun, a professor of Arabic at the University of Michigan who declined the education post because she could not leave her family and job in the United States said that she and others asked Mustapha Abdul Jalil, the leader of the national council, why women were not better represented. They were told that men in smaller, conservative areas of the country were unlikely to send women to Benghazi by themselves. “From one side I look at it as dealing with reality. From another side I see that women will have to request more representatives,” said Bariun. As the national council continues to add permanent members, several people said that more women would be among them. Still, the process of selecting representatives remains invisible to the public. The daily council meetings are private and there is no public record of the proceedings. Gallal, the human rights lawyer, who plans to start a women’s rights group said: “I had no idea how decisions about executive appointments were made.” Women, she said, would have to carve out positions by themselves. “It is time for us to be presented more. The person who leaves a vacuum pays a price,” she said. — Courtesy of New York Times

Women find innovative ways to put food on the table from page 17

Ringera. “It is time the Government encouraged a shift from rain fed agriculture and supported cottage industries if we are to pull ourselves from the shackles of poverty.” That help from the government however, appears far fetched to the likes of Rintari, as corruption continues to seep into institutions such as the Women Enterprise Development Fund (WEDF) which the government launched in June 2007. In Meru, for instance, it has been established that the two billion shillings rich fund continues to benefit those already in mainstream employment such as teachers and junior government officers and rarely reaches women in informal employ-

ment such as farming. According to the Maendeleo ya Wanawake, Meru branch chairperson, Ms Joyce Muriuki, the Fund has been pegged to financial intermediaries with rigid conditions such as issuing of business and banking documents as collateral to access the loans, thus favouring those in formal employment.

Funds “The financial intermediaries have conditions like the issuing of business certificates, licenses, bank accounts and statements,” says Muriuki who could not access the fund due to the conditions. “When I look at that village woman who does not have these

documents I am left to conclude that this money is for women who are able,” she observes. While defending allegations questioning why women were not accessing the Fund, the Gender and Children Affairs Ministry, says the reason the money lies uncollected is because most women do not have knowledge and skills on how to write a proposal. For now, the stakes do not appear to favour the likes of Rintari. As the sun sets each day, she will still be hoping her cottage industry may win subsidy from the women’s Enterprise Fund. The challenge remains lack of information on how to access loan facilities as women in Rintari’s villager have never heard of the Women Enterprise Fund.

Issue Number 18 • June 2011

Now more women get college degrees ents, or where fathers work full-time while the mothers work part-time and care for children part-time. “There is still a pervasive belief that men can’t care for children as well as women can, reinforcing the father-asbreadwinner ideology,” said Latshaw, whose research is being published next month in the peer-reviewed journal Fathering. She is urging census to expand its definition to highlight the growing numbers, which she believes will encourage wider use of paternity leave and other family-friendly policies. The new “Mr Moms” include Todd Krater, 38, of Lakemoor, Illinois, a Chicago suburb. Krater has been a self-described stay-at-home dad for the past seven years to his three sons after his wife, who earned a master’s business degree, began to flourish in her career as a software specialist.

…By UN Women Writer

or the first time, American women have passed men in gaining advanced college degrees as well as bachelor’s degrees, part of a trend that is helping redefine who goes off to work and who stays home with the kids. Census figures released recently highlight the latest education milestones for women, who began to exceed men in college enrolment in the early 1980s. The findings come amid record shares of women in the workplace and a steady decline in stay-at-home mothers. The educational gains for women are giving them greater access to a wider range of jobs, contributing to a shift of traditional gender roles at home and work. Based on one demographer’s estimate, the number of stayat-home dads who are the primary caregivers for their children reached nearly two million last year, or one in 15 fathers. The official census tally was 154,000, based on a narrower definition that excludes those working parttime or looking for jobs.

Blog

Krater said he found it difficult adjusting at first and got little support from other mothers who treated him as an outcast at school functions. He eventually started writing a blog, “A Man Among Mommies”, to encourage other fathers to take a larger role Degree in child care and says he now revels in seeing more dads at the park, library “The gaps we are seeing in Bachand school events. elor’s and advanced degrees mean “What was once an uncommon that women will be better protected sight of a dad with the kids during against the next recession,” said Mark Women graduating from college. A new trend in the United States is seeing more and more of the female the day is becoming more and more Perry, an economics professor at the gender going for degrees and finishing. Pictures: Kenyan Woman Correspondent. prevalent,” said Krater, who is now University of Michigan-Flint who studying part-time to become a regisis a visiting scholar at the American tered nurse. “But many still feel the pressure Enterprise Institute, a conservative think mained largely flat in recent years, making up North Carolina, notes the figures are based on of gender roles and feel if they do not make tank. less than 1 percent of married-couple housea narrow definition in which the wife must be money they are somehow less of a man.” “Men now might be the ones more likely holds. in the labour force for the entire year and the The census numbers come from the governto be staying home, doing the more traditional Whatever the exact numbers, Census Buhusband be outside the official labour force for ment’s Current Population Survey as of March child rearing,” he said. reau researchers have detailed a connection the specifically cited reason of “taking care of 2010. Among other findings: Among adults 25 and older, 10.6 million US between women’s educational attainment and home and family”. Among adults 25 and older, women are women have master’s degrees or higher, comdeclines in traditional stay-at-home parentHer own survey found that many fathers more likely than men to have finished high pared to 10.5 million men. Measured by shares, ing. For instance, they found that stay-at-home who had primary child-care responsibility at school, 87.6 percent to 86.6 percent. about 10.2 percent of women have advanced mothers today are more likely to be young, forhome while working part-time or pursuing a Broken down by race and ethnicity, 52 perdegrees compared to 10.9 percent of men — a eign-born Hispanics who lack college degrees degree viewed themselves as stay-at-home facent of Asian-Americans had at least a Bachegap steadily narrowing in recent years. than professional women who set aside careers thers. When those factors are included as well lor’s degree. That is compared to 33 percent for Women still trail men in professional sub-catefor fulltime family life after giving birth. as unmarried and single dads, the share of fanon-Hispanic whites, 20 percent for blacks and gories such as business, science and engineering. “We are not saying the census definition of thers who stay at home to raise children jumps 14 percent for Hispanics. When it comes to finishing college, roughly a ‘stay-at-home’ parent is what reflects famifrom less than one percent to more than six Thirty percent of foreign-born residents 20.1 million women have Bachelor’s degrees, lies today. We are simply tracking how many percent. in the US had less than a high school diplocompared to nearly 18.7 million men — a gap families fit that situation over time,” said Rose ma, compared to 10 percent of US-born resiof more than 1.4 million that has remained Households Kreider, a family demographer at the Census dents and 19 percent of naturalized citizens. steady in recent years. Women first passed men Bureau. Put another way, roughly one of every five At the same time, the foreign-born populain Bachelor’s degrees in 1996. She said in an interview that the Bureau’s stay-at-home parents is a father. tion was just as likely as US-born residents Some researchers including Perry have definition of a stay-at-home parent is based on The remaining share of households withto have at least a bachelor’s degree, at roughly dubbed the current economic slump a “mana 1950s stereotype of a breadwinner-homemakout stay-at-home parents — the majority of US 30 percent. cession” because of the huge job losses in the er family that was not necessarily predominant families — are cases where both parents work Jeremy Adam Smith, author of the 2009 male-dominated construction and manufacthen and is not now. full-time while their children attend school or book “The Daddy Shift: How Stay-at-Home turing industries, which require less schooling. Beth Latshaw, an assistant professor of sociday care or are watched by nannies or grandparDads, Breadwinning Moms and Shared ParMeasured by pay, women with full-time jobs ology at Appalachian State University in Boone, enting are Transforming the American Family,” now make 78.2 percent of what men earn, up described a cultural shift as women began to from about 64 percent in 2000. surpass men in college enrolment in the 1980s. Unemployment for men currently stands “We are not saying the census definition of a ‘stay-atThe 1983 movie, Mr Mom, openly broached at 9.3 percent compared to 8.3 percent for the idea that out-of-work fathers can contribwomen, who now make up half of the US work home’ parent is what reflects families today. We are force. The number of stay-at-home moms, ute to families as stay-at-home dads, allowing meanwhile, dropped last year for a fourth year more men to be accepting of the role in subsesimply tracking how many families fit that situation in a row to 5 million, or roughly one in four quent recessions, he said. over time.” married-couple households. That’s down from “Over the long term, the numbers are just nearly half of such households in 1969. going to keep going up,” Smith said. — Rose Kreider, a family demographer By the census’ admittedly outmoded mea— Courtesy of CBS news website sure, the number of stay-at-home dads has re-

Executive Director: Rosemary Okello-Orlale Editorial Director:

Arthur Okwemba

Managing Editor:

Jane Godia

Sub-Editors:

Duncan Mboya, Joyce Chimbi

Contributors:

Wanjiku Mwaura, Musa Radoli, Henry Owino, Omwa Ombara, Florence Sipalla, Rocio Campos, Mercy Mumo, Michelle Bachelet, Abjata Khalif, Charles Njeru, Samuel Kipsang, Faith Muiruri, David Njagi, Kareem Fahim, Evelyne Ogutu, Macharia Mwangi, Kim-Jenna Jurriaans

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

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This paper is produced with support from The United Nations Democracy Fund (UNDEF)