{"id":577,"date":"2020-01-08T03:35:04","date_gmt":"2020-01-08T02:35:04","guid":{"rendered":"https:\/\/grain-africa.org\/?p=577"},"modified":"2020-01-08T03:35:04","modified_gmt":"2020-01-08T02:35:04","slug":"les-violences-sexuelles-comme-instrument-politique-durant-les-elections-au-kenya","status":"publish","type":"post","link":"http:\/\/grain-africa.org\/en\/the-violence-sexual-as-instrument-policy-during-the-elections-in-kenya-2\/","title":{"rendered":"sexual-violence-as-political-instrument-during-elections-in-kenya"},"content":{"rendered":"
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Sexual violence as a political tool\n\nduring the Kenyan elections.<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Executive summary<\/div>
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\nWith Kenya's next general elections scheduled for 9 August 2022, existing political tensions are raising\npolitical tensions are raising serious concerns about a possible escalation of violence in the run-up to\nin the run-up to and during the elections. In this joint report, the\nthe International Federation for Human Rights (FIDH) and the Kenya Human Rights Commission (KHRC) warn of the\nthe risk of a repeat of sexual and gender-based violence (SGBV) in the absence of urgent state action.\nsexual and gender-based violence (SGBV) that characterised past election-related abuses.

\nThe Kenyan political scene is marked by recurrent episodes of election-related violence:\nmurder, grievous bodily harm, destruction of property, intimidation, harassment and threats.\nA comparative analysis of the acts of violence perpetrated during the general elections of 2007, 2013\n(to a much lesser extent) and 2017 general elections indicates that SGBV is one of the main\nelection-related violence in Kenya.\nThe Commission of Inquiry into Post-Election Violence (CIPEV) has documented 900 cases of sexual violence\nperpetrated during the 2007-2008 electoral period, stressing that the actual figure was\nprobably much higher. The violence recorded included rape - in particular gang rape - mutilation and sexual violence.\ngenital mutilation and forced male circumcision. In 2013, although\nelectoral violence did not reach the scale and severity of 2007-2008, verbal and physical violence\nphysical violence, threats and intimidation against several female politicians were reported.\nwere reported. In the context of the 2017 election period, the Kenya National Commission on\nCommission (KNCHR) recorded at least 201 cases of sexual violence, in particular gang rapes, concluding\nconcluding that sexual violence was the second most significant form of election-related violence, after\nform of election-related violence, after physical injury.\nFollowing the electoral violence in 2017, FIDH and KHRC carried out a series of fact-finding missions to document the extent and nature of the violence.\nto document cases of sexual violence in Kisumu, Migori and Vihiga counties.\nVihiga counties. This report highlights the findings of these missions - including testimonies from\nsurvivors -, presents an analysis in the context of SGBV committed during previous elections and makes recommendations\nand makes recommendations for the 2022 elections.\n\n\n\nFIDH\/KHRC - Sexual violence as a political tool during elections in Kenya. Measures to be taken by the State before 2022

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\nAt least three risk factors have led our organisations to call on the Kenyan authorities to\ntake urgent and concrete measures to address the risk of SGBV during the forthcoming\nelections. Firstly, previous elections have shown that, when high political tensions lead to violence\nviolence, this violence often includes SGBV. Latent tensions and\ntensions and disagreements, particularly around the Building Bridges Initiative (BBI), are likely to erupt into acts of violence, as they have in the past.\nviolence, as has recently been observed in certain localities (such as the counties of Kisii and\ncounties of Kisii and Murang'a). However, at the time of writing, neither the political figures nor the bodies\norganisations responsible for organising the elections, in particular the Independent Electoral and\nthe Independent Electoral and Boundaries Commission (IEBC), appear to have considered the\nconsidered election-related SGBV as a security risk to be taken into account and dealt with.\n\n

\nSecondly, the government's repeated attacks on the judiciary - aimed at discrediting judges or undermining their independence - as well as the obstacles to the work of the judiciary, have had a negative impact on the judiciary.\ntheir independence - as well as obstacles to the work of the KNCHR, are a cause for concern.\nKNCHR, are a cause for concern. Our organisations fear that in the event of an outbreak of violence,\nparticularly sexual violence, these institutions will be hampered in their ability to investigate these acts and bring justice to the victims.\nand bring justice to the victims. This report shows how, in recent years, a solid impunity\nhow, in recent years, entrenched impunity has created a climate conducive to the perpetration of election-related SGBV.\nrelated to the elections. It describes how police forces have, to date, failed in their duty to\nto conduct effective and credible investigations into sexual violence committed in connection with the\n2017 and previous elections, leaving the vast majority of survivors without access to justice.\naccess to justice. It is therefore essential to preserve the capacity of institutions such as the KNCHR,\nto investigate sexual violence, as well as guaranteeing the independence of the judiciary and its ability to try those responsible.\nand its ability to judge those responsible for acts of sexual violence.

\n\nThirdly, in the context of the Covid-19 pandemic, studies have demonstrated its disproportionate impact on women, particularly those from economically poor backgrounds.\ndisproportionate impact on women, particularly those from economically poor backgrounds.\nThe pandemic has not only increased their economic vulnerability, but has also made it more difficult for them to access health services.\naccess to health services, including sexual and reproductive health care.\nIt has also contributed to greater difficulties in accessing legal aid.\nOur report shows that in 2017, as in previous elections, most election-related victims of\nelection-related SGBV were from economically poor backgrounds, and this economic vulnerability\nimpacted on their ability to receive adequate medical care and to obtain redress through legal\nredress through legal proceedings. Yet rapid and effective access to health services\nand legal aid will be essential for women and men who may suffer election-related violence, particularly\nelection-related violence, including SGBV, during the upcoming vote.

\n\n\nMore generally, FIDH and KHRC consider that, as long as misogyny and patriarchy are not considered to be\nmajor risk factors associated with the perpetration of election-related SGBV, measures aimed at prevention\nmeasures aimed at prevention, sanctions and redress will not have a lasting impact.\nlasting consequences. Election-related SGBV is not caused by the holding of elections. The\nFIDH and KHRC demonstrate in this report how, in the Kenyan context, the maintenance of men's hegemonic control over the political process is not an end in itself.\ncontrol over the political system appears to be the basis for the continuation of election-related SGBV in Kenya.\nelection-related SGBV against women, and men, with a view to the exercise of political power and\ndomination and political power over certain individuals and communities. This report\nthe link between gender and the retention of, or access to, power, resources and authority.\naccess to them. It reveals that in the general elections of 2007, 2013 and 2017, political violence and\ndiscrimination had a gender dimension, with women specifically and disproportionately targeted.\ndisproportionately targeted. FIDH and KHRC seek to establish that any action to prevent and combat\nelection-related political violence must take into account the gender dimension of the violence in order to be effective.\ngender dimension of the violence.\n\n FIDH\/KHRC - Sexual violence as a political tool during elections in Kenya. Measures to be taken by the State before 2022

\n\nSGBV can have multiple consequences, including physical, psychological, economic and social,\neconomic and social. Such consequences can also be political, affecting in particular women's\nwomen's participation in electoral processes and political life. In this report,\nwe review some of these repercussions and assess how they can\nundermine the credibility of electoral processes.

\nSince the Sexual Offences Act was passed in Kenya in 2006, the Kenyan authorities' efforts to combat SGBV have been contradictory.\nto combat SGBV have been contradictory. Signs of a strong commitment\ncommitment on the part of the authorities (for example, with the adoption of the Constitution in 2010, the law on the National Commission for Gender Equality in 2006 and the law on sexual offences in 2007) are contradictory.\nCommission for Gender Equality in 2011, the Sexual Offences (Medical Treatment) Regulations in\n(medical treatment) in 2012, the national policy on preventing and responding to gender-based violence in\nin 2014, the Prevention of Torture Act in 2017, etc.) have been followed by major setbacks.\nsetbacks. In particular, the lack of will on the part of the authorities to genuinely carry out\nThe lack of will on the part of the authorities to carry out proper investigations into the responsibility of the security forces for the SGBV committed,\nas established by the CIPEV, the Truth, Justice and Reconciliation Commission (TJRC) and KNCHR and documented during the\ndocumented during the FIDH and KHRC fact-finding missions, has been a major obstacle to their\ntheir legal commitments and obligations.

\n\nIn anticipation of the 2022 general elections, FIDH and KHRC call on the Kenyan government,\nthe IEBC and the political parties to anticipate the risk of political violence taking the form of\nSGBV and to adopt urgent and appropriate measures to prevent such violence. Such\nprevention, protection, investigation, prosecution and redress.\nand reparations.\nOur organisations also call on the international community, in particular the East African and\nthe East African Community and the African Union, to publicly warn of the risks of election-related SGBV\nKenyan authorities to respect their regional and international obligations in this regard.\nobligations in this regard. In particular, these calls should encourage the authorities to implement the Guidelines of the African Commission on Human and Peoples' Rights.\nAfrican Commission on Human and Peoples' Rights (ACHPR) to combat sexual violence and its consequences.\nsexual violence and its consequences in Africa.

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Recommendations<\/div>\n\n
FIDH and KHRC make the following recommendations:<\/div>
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Prevention<\/div>\n\n
\n- The Kenyan government should introduce amendments to the Sexual Offences Act\nrecognise and take into account the unique circumstances of sexual violence committed during\ncommitted during crisis or conflict situations1\n\nin particular to amend the\n\nnecessary to prosecute these offences.\n1. These include the systemic nature of the violations, the presumed responsibility of state security agents\nand, where sexual violence is used as a weapon, the question of command responsibility, a general situation of\ninstitutions responsible for maintaining law and order, which prevents survivors of sexual violence from promptly\nsurvivors of sexual violence to report the incident promptly, and the difficulty of gaining immediate access to medical facilities, which under normal circumstances would make it possible to treat survivors of sexual violence.\nwhich would normally be used to obtain vital evidence in crimes of sexual violence.\n\nFIDH\/KHRC - Sexual violence as a political tool during elections in Kenya. Measures to be taken by the State before 2022 4\n- The Kenyan government should ensure greater coordination between national and county levels\ncounty level on the elimination of SGBV to ensure that interventions are localised and have a\nhave a direct positive impact on survivors of sexual violence. In this regard\nFIDH and KHRC welcome the initiative taken by Migori County in 2019 to develop its county-wide\ncounty-wide policy on SGBV, and encourage other counties to follow this example.\n- The Kenyan government should take all necessary and appropriate measures to\naddress the root causes of election-related SGBV, including by focusing on\nthe extent of misogyny and patriarchy in the political sphere.\n- County governments should strengthen prevention mechanisms, activating and coordinating key\nand coordinating key services to ensure that they are able to prevent election-related SGBV\nand deal with cases.\n- The National Council for the Administration of Justice (NCAJ) should consider sexual violence as a thematic\nviolence as a thematic issue and set up a multi-agency working group to respond to sexual\nto respond to sexual offences that occur in the context of conflict and crisis situations, as\nconflict and crisis situations, as seen during the 2017 general election and those that preceded it.\nThis response mechanism should be devolved to county level through the Court Users' Committees (CUCs) of the County Council.\nCommittees (CUCs) of the NCAJ and publish regular reports to assess the extent to which the needs of survivors are being met.\nthe needs of survivors of sexual violence are being met.\n- The KNCHR, the Independent Police Oversight Authority (IPOA) and the National Commission\nGender Equality Commission (NGEC) should, in collaboration with civil society, strengthen public\npublic awareness of election-related SGBV with a view to setting up local early warning systems, as well as\nearly warning systems, as well as monitoring and documenting cases when they occur.\n- The KNCHR, in collaboration with civil society, should disseminate the\nthe ACHPR Guidelines for combating sexual violence and its consequences in Africa, and advocate for their\ntheir implementation.

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Protection<\/div>\n\n
\n- The Kenyan government should guarantee the working capacity of the KNCHR, the NGEC, the IPOA, the Internal Police Affairs Unit (IAU), the National Police Service (NPS) and the National Police Service (NPS).\nIPOA, the Internal Affairs Unit (IAU), the National Police Service (NPS) and the Office of the Director of Public Prosecutions (ODPP), and ensure that they have the capacity to carry out their functions.\n(NPS) and the Office of the Director of Public Prosecutions (ODPP), and ensure that they are adequately\nadequately resourced as key institutions for providing effective redress to survivors of SGBV.\nsurvivors of SGBV. In addition, in collaboration with civil society organisations, these institutions should\ninstitutions should establish an independent, multi-stakeholder monitoring and reporting\nand reporting mechanism on election-related SGBV in order to coordinate effective responses that\nensure that survivors receive immediate assistance and comprehensive redress, including psychosocial\nincluding psychosocial support, legal aid and reparations.\n- The Kenyan government should ensure that it adopts a human rights-based approach to policing.\npolicing during elections and establish guidelines for the protection of women and girls during elections.\nof women and girls during election periods, including in educational institutions\n(in line with the recommendations of the Committee of the Convention on the Elimination of All Forms of Discrimination against Women).\nDiscrimination Against Women (CEDAW), 2017). In addition, we encourage the\nNPS to align the relevant provisions of its standing orders and procedures with the ACHPR's\nGuidelines to combat sexual violence and its consequences in Africa.\n\n5 FIDH\/KHRC - Sexual violence as a political tool during elections in Kenya. Measures to be taken by the State before 2022\n- The Kenyan government should comply with its national, regional and international obligations\nprotection and promotion of women's political rights, in particular by implementing the recommendations\nCEDAW Committee, the relevant decisions of the ACHPR and the Protocol to the\nACHPR and the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (Maputo Protocol).\nRights of Women in Africa (Maputo Protocol). The Kenyan government should also ratify\nthe Optional Protocol to CEDAW.\n- The Kenyan government should share in advance the deployment plan\/operational order of the security and police forces and services.\nof security and defence forces and services (including the chain of command) with the\nKNCHR and other relevant actors to ensure transparency and accountability.\n- The Kenyan government should ensure a process of periodic vetting of law enforcement officers, and\nlaw enforcement officials and other security forces and services to ensure that those convicted of\nsexual violence and other human rights violations are prosecuted and removed from office.\nare prosecuted and removed from office.\n- The Kenyan government should create a national database of sex offenders\n(including within the security and defence forces) in order to ensure that sex offenders are not\ndeployed in emergency response situations.\n- The Kenyan government should provide support for police officers deployed in the field during\nperiod (psychosocial support, but also adequate allowances and rations).<\/div>\n

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\nInvestigations and prosecutions<\/div>

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\n- The Kenyan government should strengthen resources and improve gender-based violence\n(GVRC) at national and county level, and set up gender desks in all police stations across the country.\ngender desks in all police stations across the country.\n- In line with the ACHPR's Guidelines for combating sexual violence and its consequences in\nconsequences in Africa, the Kenyan government should repeal the rules and abolish the practices\nabolish the practice of mandatory medical examinations in cases of sexual violence committed during\ncommitted during conflict and crisis situations, so that a victim is exempted from the obligation\nfrom the obligation to provide evidence other than their own testimony; and promote other alternative\nalternative acts of investigation, paying particular attention to any risk factors or contextual\ncontextual elements.\n- The Kenyan government should, without further delay, ensure that investigations are carried out into\ncases of sexual violence in 2017 in order to bring the alleged perpetrators to justice and to\nvictims' right to compensation.\n- The Kenyan government should conduct an independent investigation into the issue of election-related SGBV in order to\nto :\n- review the findings of the CIPEV and determine the level of progress, or lack thereof,\nrecommendations to address election-related SGBV;\n- consolidate existing reports and invite submissions on SGBV cases during the\n2017 election period;\n- Produce a report as an official record of events during the 2017 election period and make\n2017 election period and make recommendations for investigation, prosecution and redress.\n\nFIDH\/KHRC - Sexual violence as a political tool during elections in Kenya. Measures to be taken by the State before 2022 6\n- The Kenyan government should strengthen the capacity of the police to investigate cases of SGBV,\nincluding election-related violence.<\/div>

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\nRecourse and compensation<\/div>
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\nRestitution and compensation for survivors and victims of sexual violence during the elections\nelections\n- The Kenyan government should give priority to the decision in COVAW et al. v. A.G. et al.\nOthers v. A.G. and Others, High Court Application No. 122 of 2013, with full and immediate\nand undertake to put in place a broader reparations programme for victims of sexual\nvictims of sexual violence in the context of the elections. Such a programme\nshould be based on the recommendations of the 2013 TJRC report.\n- The National Government Remedial Action Fund (NGAAF) and civil society organisations\ncivil society organisations (CSOs) working with survivors of sexual violence should\ndevelop programmes and activities for immediate livelihood recovery interventions for survivors of sexual violence.\nshort-term livelihood interventions, including support groups and income-generating activities.\nincome-generating activities.\n- The Kenyan government should develop a comprehensive rehabilitation programme for SGBV survivors.\nThe Kenyan government should develop a comprehensive rehabilitation programme for election-related SGBV survivors and their households, providing them with medical, psychosocial, legal and social services,\npsychosocial, legal and social services, and should allocate a budget to support survivors at county and national levels.\ncounty and national levels.\n\n- The Kenyan government should implement its obligations in terms of guarantees of non\nguarantees of non-repetition and satisfaction, including by issuing a public apology, acknowledging\n\nand accepting responsibility for SGBV.\n\nFIDH and KHRC further call on the international community, in particular the African Union,\nto publicly warn of the risks of election-related SGBV during the general elections in\n2022 general elections and to urge the Kenyan authorities to respect their regional and international\ninternational obligations. In particular, these calls should encourage the authorities to implement the\nACHPR Guidelines on Combating Sexual Violence and its Consequences in Africa.<\/div>\n\n\n\n.rr{\ncolor:black;\nfont-size:18px;\nfont-weight:600;\n}\n.vv{\ncolor:black;\nfont-size:22px;\nfont-weight:700;}\n\n<\/p>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t
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