{"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":"sexual-violence-as-a-political-tool-during-the-elections-in-kenya","status":"publish","type":"post","link":"https:\/\/grain-africa.org\/en\/les-violences-sexuelles-comme-instrument-politique-durant-les-elections-au-kenya\/","title":{"rendered":"Sexual Violence as a Political Tool During the Elections in Kenya"},"content":{"rendered":"
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Sexual violence as a political tool\n\nduring the elections in Kenya.<\/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 the next general election in Kenya scheduled for 9 August 2022, the current political tensions\nare raising serious concerns about a possible escalation of violence\nin the run-up to the election and whilst it is taking place. In this joint report, the International\nFederation for Human Rights (FIDH) and the Kenya Human Rights Commission (KHRC) warn\nthat, in the absence of urgent action by the state, there is a risk of a repeat of the\nthat characterised the abuses associated with past elections.

\nThe Kenyan political scene is characterised by recurring episodes of election-related violence:\nmurders, serious bodily harm, destruction of property, intimidation, harassment and threats.\nA comparative analysis of acts of violence committed during the general elections of 2007, 2013\n(to a much lesser extent) and 2017 indicates that sexual and gender-based violence (SGBV) constitutes one of the\nmain components of election-related violence in Kenya.\nThe Commission of Inquiry into Post-Election Violence (CIPEV) recorded 900 cases of sexual violence\nperpetrated during the 2007\u20132008 election period, emphasising that the actual figure was\nlikely to be much higher. The violence documented includes rape \u2013 in particular\ngang rape \u2013 genital mutilation and forced male circumcision. In 2013, whilst\nelectoral violence did not reach the scale and severity of that seen in 2007\u20132008, instances of\nverbal and physical abuse, threats and intimidation against several female politicians\nwere reported. In the context of the 2017 election period, the Kenya National\nCommission on Human Rights (KNCHR) recorded at least 201 cases of sexual violence, in particular\ngang rapes, concluding that sexual violence was the second most\nprevalent form of election-related violence, after physical assault.\nFollowing the 2017 election-related violence, FIDH and KHRC conducted a series of\nfact-finding missions to document cases of sexual violence in the counties of Kisumu, Migori and\nVihiga. This report highlights the findings of these missions \u2013 including testimonies from\nsurvivors \u2013 presents an analysis in the context of GBV committed during previous elections\nand sets out recommendations ahead of the 2022 elections.\n\n\n\nFIDH\/KHRC \u2013 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 GBV during the forthcoming\nelections. Firstly, previous elections have shown that, when high political tensions\nlead to acts of violence, this violence often includes VAWG. Latent tensions and\ndisagreements, particularly surrounding the Building Bridges Initiative (BBI), risk escalating\ninto acts of violence, as has recently been observed in certain localities (such as the\ncounties of Kisii and Murang\u2019a). However, at the time of writing, neither political figures\nnor the bodies responsible for organising the elections, in particular the\nIndependent Electoral and Boundaries Commission (IEBC), appear to have\nregarded election-related VAWG as a security risk that needs to be taken into account and addressed.\n\n

\nSecondly, the government\u2019s repeated attacks on the judiciary \u2013 aimed at\ndiscrediting judges or undermining their independence \u2013 as well as the obstacles to the work of\nthe KNCHR, are a cause for concern. Our organisations fear that, in the event of an upsurge in violence,\nparticularly sexual violence, these institutions will be hampered in their ability to investigate\nsuch acts and deliver justice to the victims. This report demonstrates how, over the\npast few years, deeply entrenched impunity has created a climate conducive to the perpetration of election-related\nsexual and gender-based violence (SGBV). It describes how the police have, to date, failed in their duty\nto conduct effective and credible investigations into sexual violence committed during the\n2017 elections and previous elections, leaving the vast majority of survivors without\naccess to justice. It is therefore essential to safeguard the capacity of institutions, such as the KNCHR,\nto investigate sexual violence, as well as to guarantee the independence of the\njudiciary and its ability to bring those responsible for acts of sexual violence to justice.

\n\nThirdly, in the context of the Covid-19 pandemic, studies have shown that it has had a\ndisproportionate impact on women, particularly those from economically disadvantaged backgrounds.\nThis pandemic has not only increased their economic vulnerability, but has also made\nit more difficult to access health services, including sexual and reproductive healthcare.\nFurthermore, it has contributed to greater difficulties in accessing legal aid.\nOur report reveals that in 2017, as in previous elections, most victims of\nelection-related sexual and gender-based violence (SGBV) came from economically disadvantaged backgrounds, and this economic vulnerability\naffected their ability to receive adequate medical care and to obtain\nredress through legal proceedings. However, prompt and effective access to\nhealth services and legal aid will be essential for women and men who may suffer\nacts of election-related violence, including VAWG, during the forthcoming election.

\n\n\nMore generally, the FIDH and KHRC consider that, as long as misogyny and patriarchy are\nnot recognised as major risk factors associated with the perpetration of election-related\nGBV, measures aimed at prevention, punishment and redress will not have\nlasting effects. Election-related VAWG is not caused by the holding of elections. The\nFIDH and KHRC demonstrate in this report how, in the Kenyan context, the maintenance of\nof men over the political system appears to form the basis for the continuation\nof election-related GBV against women \u2013 and men \u2013 with a view to exercising\ndomination and political power over certain individuals and communities. This report highlights\nthe link between gender and the retention of, or\naccess to, power, resources and authority. It reveals that during the general elections of 2007, 2013 and 2017, political violence and\ndiscrimination took on a gendered dimension, with women being specifically and\ndisproportionately targeted. FIDH and KHRC seek to establish that any action aimed at preventing\nand combating election-related political violence must, to be effective, take into account the\ngender dimension of the violence.\n\n FIDH\/KHRC \u2013 Sexual violence as a political tool during elections in Kenya. Measures to be taken by the State before 2022

\n\nGBV can have a wide range of consequences, including physical, psychological,\neconomic and social ones. Such consequences can also be political in nature and affect, in\nparticular, women\u2019s participation in electoral processes and political life. In this report,\nwe review some of these repercussions and assess how they may\nundermine the credibility of electoral processes.

\nSince the adoption of the Sexual Offences Act in Kenya in 2006, the actions of the\nKenyan authorities in combating VAWG have been inconsistent. There have been signs of a\nstrong commitment on the part of the authorities (for example, with the adoption of the Constitution in 2010, the Act establishing the\nNational Commission on Gender Equality in 2011, the Sexual Offences Regulations\n(medical treatment) in 2012, the National Policy on the Prevention of and Response to Gender-Based\nViolence in 2014, the Prevention of Torture Act in 2017, etc.) have been followed by significant\nsetbacks. In particular, the authorities\u2019 lack of willingness to carry out genuine\ninvestigations into the security forces\u2019 responsibility for acts of GBV that have been committed,\nas established by the CIPEV, the Truth, Justice and Reconciliation Commission (TJRC) and by the KNCHR, and\ndocumented during fact-finding missions by the FIDH and the KHRC, has constituted a major obstacle\nto the fulfilment of their commitments and legal obligations.

\n\nAhead of the 2022 general elections, the FIDH and the KHRC are calling on the Kenyan government,\nthe IEBC and the political parties to anticipate the risk of political violence taking the form of\nVSBG and to adopt urgent and appropriate measures to prevent such violence. Such\nmeasures must focus on prevention, protection, investigation, prosecution\nand redress.\nOur organisations also call on the international community, in particular the East African\nCommunity and the African Union, to publicly highlight the risks of election-related sexual and gender-based violence\nand to urge the Kenyan authorities to fulfil their regional and international obligations in\nthis regard. These calls should, in particular, encourage the authorities to implement the\nGuidelines of the African Commission on Human and Peoples\u2019 Rights (ACHPR) to combat\nsexual violence and its consequences in Africa.

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Recommendations<\/div>\n\n
The FIDH and the KHRC make the following recommendations:<\/div>
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Prevention<\/div>\n\n
\n\u2022 The Kenyan government should introduce amendments to the Sexual Offences Act\nto recognise and take into account the unique circumstances of sexual violence\ncommitted during situations of crisis or conflict1\n\n, in particular to amend the\n\nstandard of proof required for the prosecution of such offences.\n1. These include, in particular, the systemic nature of the violations, the presumed responsibility of state security personnel\nand, where sexual violence is used as a weapon, the issue of the superior\u2019s liability, a\ngeneral breakdown of law-and-order institutions which prevents survivors of sexual violence\nto report the incidents promptly, and the difficulty in gaining immediate access to medical facilities, which\nwould, under normal circumstances, enable the collection of evidence essential in cases of sexual violence.\n\nFIDH\/KHRC \u2013 Sexual violence as a political tool during the Kenyan elections. Measures to be taken by the State before 2022 4\n\u2022 The Kenyan government should ensure greater coordination between the national and\ncounty levels in the fight against sexual and gender-based violence (SGBV) to guarantee that interventions are\nlocalised and have 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\ncounty-wide policy on VAWG, and encourage other counties to follow this example.\n\u2022 The Kenyan government should take all necessary and appropriate measures to\naddress the root causes of election-related GBV, in particular by focusing on\nthe extent of misogyny and patriarchy in the political sphere.\n\u2022 County administrations should strengthen prevention mechanisms by activating\nand coordinating key services to ensure they are able to prevent election-related GBV\nand respond to cases.\n\u2022 The National Council for the Administration of Justice (NCAJ) should treat sexual violence\nas a thematic issue and establish a multi-institutional working group\nto address sexual offences occurring in the context of\nconflict and crisis situations, as seen during the 2017 general election and previous elections.\nThis response mechanism should be implemented at county level through the NCAJ\u2019s\nCourt Users\u2019 Committees (CUCs) and should publish periodic reports to assess the\nextent to which the needs of survivors of sexual violence are being met.\n\u2022 The KNCHR, the Independent Police Oversight Authority (IPOA) and the National\nCommission on Gender Equality (NGEC) should, in collaboration with civil society, strengthen\npublic awareness of election-related sexual and gender-based violence (SGBV) with a view to establishing, at local level,\nearly warning systems, as well as mechanisms for monitoring and documenting cases when they occur.\n\u2022 The KNCHR, in collaboration with civil society, should disseminate the ACHPR\u2019s\nGuidelines on Combating Sexual Violence and its Consequences in Africa, and advocate for\ntheir implementation.

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Protection<\/div>\n\n
\n\u2022 The Kenyan Government should ensure that the KNCHR, the NGEC,\nthe IPOA, the Police Internal Affairs Unit (IAU), the National Police Service\n(NPS) and the Office of the Director of Public Prosecutions (ODPP), and ensure that they have\nadequate resources, as key institutions for providing effective remedies\nto survivors of VAWG. Furthermore, in collaboration with civil society organisations, these\ninstitutions should establish an independent, multi-stakeholder mechanism for monitoring\nand reporting on election-related VAWG in order to coordinate effective responses\nthat ensure survivors receive immediate assistance and comprehensive redress\n, including psychosocial support, legal aid and reparations.\n\u2022 The Kenyan government should ensure it adopts a human rights-based approach to\nlaw enforcement during the electoral period and establish guidelines on the protection\nof women and girls during the electoral period, particularly in educational institutions\n(in accordance with the 2017 recommendations of the Committee on the Convention on the Elimination of All\nForms of Discrimination against Women (CEDAW)). Furthermore, we encourage the\nNPS to align the relevant provisions of its standing orders and procedures with the\nACHPR Guidelines on Combating Sexual Violence and its Consequences in Africa.\n\n5 FIDH\/KHRC \u2013 Sexual violence as a political tool during elections in Kenya. Measures to be taken by the State by 2022\n\u2022 The Kenyan government should fulfil its national, regional and international obligations\nregarding the protection and promotion of women\u2019s political rights, in particular by implementing\nthe recommendations issued by the CEDAW Committee, the relevant decisions of the\nACHPR and the Protocol to the African Charter on Human and Peoples\u2019 Rights on the Rights\nof Women in Africa (Maputo Protocol). The Kenyan government should also ratify\nthe Optional Protocol to CEDAW.\n\u2022 The Kenyan government should share in advance the deployment plan\/operational order\nof the security and defence forces and services (including the chain of command) with the\nKNCHR and other relevant stakeholders, in order to ensure transparency and accountability.\n\u2022 The Kenyan government should ensure a process of regular monitoring of officers\nlaw enforcement officers and other security forces and services, to ensure that those\nfound guilty of sexual violence and other human rights violations\nare prosecuted and dismissed from their posts.\n\u2022 The Kenyan government should establish a national database of sex offenders\n(including within the security and defence forces) to ensure that they are not\ndeployed during emergency response operations.\n\u2022 The Kenyan government should provide support to police officers deployed on the ground during\nthe election period (including psychosocial support, as well as adequate allowances and rations).<\/div>\n

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\nInvestigations and prosecutions<\/div>

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\n\u2022 The Kenyan government should increase resources and improve treatment centres\nfor gender-based violence (GBV) at national and county level, and establish\ngender desks in all police stations across the country.\n\u2022 In accordance with the ACHPR Guidelines on Combating Sexual Violence and\nits Consequences in Africa, the Kenyan government should repeal regulations and abolish\npractices requiring compulsory medical examinations in cases of sexual violence\ncommitted during situations of conflict and crisis, so that a victim is exempt\nfrom the obligation to provide evidence other than their own testimony; and promote other\nalternative investigative measures, paying particular attention to any risk factors or\ncontextual elements.\n\u2022 The Kenyan government should, without further delay, ensure that investigations are carried out\ninto the 2017 cases of sexual violence in order to bring the alleged perpetrators to justice and to\nguarantee victims\u2019 right to redress.\n\u2022 The Kenyan government should conduct an independent inquiry into election-related\nSGBV in order to:\n\u2022 review the findings of the CIPEV and assess the level of progress, or lack thereof,\nin relation to the recommendations aimed at addressing election-related SGBV;\n\u2022 consolidate existing reports and invite submissions relating to cases of election-related GBV during\nthe 2017 election period;\n\u2022 produce a report as an official record of events during the 2017\nelection period and make recommendations regarding investigations, prosecutions and redress.\n\nFIDH\/KHRC \u2013 Sexual violence as a political tool during the Kenyan elections. Measures to be taken by the State before 2022 6\n\u2022 The Kenyan government should strengthen the police\u2019s capacity to investigate cases of sexual and gender-based violence,\nincluding election-related violence, and to follow up on them.<\/div>

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\nLegal remedies and compensation<\/div>
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\nRestitution and compensation for survivors and victims of sexual violence during the\nelections\n\u2022 The Kenyan Government should prioritise the ruling in the case of COVAW and\nothers v. A.G. and others, High Court Application No. 122 of 2013, by implementing it\nin full and without delay, and commit to establishing a broader reparations programme for\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\u2022 The National Government\u2019s Remedial Action Fund (NGAAF) and civil\nsociety organisations (CSOs) working with survivors of sexual violence should\ndevelop programmes and activities focusing on immediate interventions to\nrestore short-term livelihoods, including through support groups\nand income-generating activities.\n\u2022 The Kenyan government should develop a comprehensive rehabilitation programme for\nsurvivors of election-related sexual and gender-based violence (SGBV) and their households, providing them with medical,\npsychosocial, legal and social services, and should allocate a budget to support survivors at\ncounty and national levels.\n\n\u2022 The Kenyan government should fulfil its obligations regarding guarantees of non-\nrepetition and redress, in particular by issuing a public apology, acknowledging\n\nthe facts and accepting responsibility for election-related VAWG.\n\nFIDH and KHRC further call on the international community, in particular the African Union,\nto publicly warn of the risks of election-related VAWG during the\ngeneral election in 2022 and to urge the Kenyan authorities to respect their regional and\ninternational obligations. These calls should, in particular, encourage the authorities to implement the\nACHPR Guidelines on Combating Sexual Violence and its Consequences in Africa.<\/div>\n\n\n\n.rr{\ncolour: black;\nfont-size: 18px;\nfont-weight: 600;\n}\n.vv{\ncolour: 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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