sexual-violence-as-political-instrument-during-elections-in-kenya

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

Secondly, 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. their independence - as well as obstacles to the work of the KNCHR, are a cause for concern. KNCHR, are a cause for concern. Our organisations fear that in the event of an outbreak of violence, particularly sexual violence, these institutions will be hampered in their ability to investigate these acts and bring justice to the victims. and bring justice to the victims. This report shows how, in recent years, a solid impunity how, in recent years, entrenched impunity has created a climate conducive to the perpetration of election-related SGBV. related to the elections. It describes how police forces have, to date, failed in their duty to to conduct effective and credible investigations into sexual violence committed in connection with the 2017 and previous elections, leaving the vast majority of survivors without access to justice. access to justice. It is therefore essential to preserve the capacity of institutions such as the KNCHR, to investigate sexual violence, as well as guaranteeing the independence of the judiciary and its ability to try those responsible. and its ability to judge those responsible for acts of sexual violence.

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

More generally, FIDH and KHRC consider that, as long as misogyny and patriarchy are not considered to be major risk factors associated with the perpetration of election-related SGBV, measures aimed at prevention measures aimed at prevention, sanctions and redress will not have a lasting impact. lasting consequences. Election-related SGBV is not caused by the holding of elections. The FIDH 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. control over the political system appears to be the basis for the continuation of election-related SGBV in Kenya. election-related SGBV against women, and men, with a view to the exercise of political power and domination and political power over certain individuals and communities. This report the link between gender and the retention of, or access to, power, resources and authority. access to them. It reveals that in the general elections of 2007, 2013 and 2017, political violence and discrimination had a gender dimension, with women specifically and disproportionately targeted. disproportionately targeted. FIDH and KHRC seek to establish that any action to prevent and combat election-related political violence must take into account the gender dimension of the violence in order to be effective. gender dimension of the violence. FIDH/KHRC - Sexual violence as a political tool during elections in Kenya. Measures to be taken by the State before 2022

SGBV can have multiple consequences, including physical, psychological, economic and social, economic and social. Such consequences can also be political, affecting in particular women's women's participation in electoral processes and political life. In this report, we review some of these repercussions and assess how they can undermine the credibility of electoral processes.

Since the Sexual Offences Act was passed in Kenya in 2006, the Kenyan authorities' efforts to combat SGBV have been contradictory. to combat SGBV have been contradictory. Signs of a strong commitment commitment 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. Commission for Gender Equality in 2011, the Sexual Offences (Medical Treatment) Regulations in (medical treatment) in 2012, the national policy on preventing and responding to gender-based violence in in 2014, the Prevention of Torture Act in 2017, etc.) have been followed by major setbacks. setbacks. In particular, the lack of will on the part of the authorities to genuinely carry out The 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, as established by the CIPEV, the Truth, Justice and Reconciliation Commission (TJRC) and KNCHR and documented during the documented during the FIDH and KHRC fact-finding missions, has been a major obstacle to their their legal commitments and obligations.

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