Gender 
New Kenyan govt to improve women's position

afrol News, 17 January - The newly elected government of Kenya has committed itself to countering the traditional forms of discrimination against women that persist in the country. The drafted new constitution is to be an effective guideline, prohibiting all kinds of discrimination and expand the definition of discrimination to include, among other things, race, sex, pregnancy and marital status.

The new Kenyan government this week presented its achievements and further plans to combat discrimination against women to a UN human rights committee dedicated to this task. After thorough discussions, the UN experts "expressed optimism" over the ambitious aims of the new government. Kenyan representative Deborah Ongewe promised new administration, elected in December 2002, would be "guided by the principles of democracy, good governance and the promotion of human rights."

The Kenyan government, she said, had already undertaken various efforts to remove social, cultural and legal obstacles facing women, including the development of affirmative action to address situations where women had been marginalised. The national machinery for the advancement of women had been elevated from a division within a department to a full department within the new Ministry of Gender, Sports, Culture and Social Services.

The Constitution of Kenya Review Commission had already published a draft Constitution in September 2002, Ms Ongewe said, which should be in place by June 2003. The current Constitution reserved the right to discriminate in matters of customary and personal laws. Once enacted, the new Constitution would repeal that provision, prohibit all discrimination and expand the definition of discrimination to include, among other things, race, sex, pregnancy and marital status.

The draft Constitution, she said, recognised and required the government to address the injustices of the past through legislative or other measures. Ms Ongewe explained that this prohibited any law, culture, custom or tradition that undermined the dignity, welfare, interest or status of women and would enable women to have access to and control of property. There was further new legislation and other measures planned for those purposes, as well as programmes related to health, employment, harassment, assistance to rural women, and many other areas.

Following the presentation of the report, experts of the UN committee congratulated the Kenyan delegation on a forceful presentation, coming only 14 days after the change of administration in the country. Many were particularly pleased by the recognition of existing discrimination, the development of new measures to counter it, and the fact that the new Constitution would prohibit discrimination whatever the cultural context.

An issue of special concern was however the widespread violence against women in Kenya. Responding to this issue, Martha Koome, representative of the Kenyan Federation of Women Lawyers, said a commitment had been obtained from the new Justice Minister to give priority to a domestic violence protection bill that had already passed critical stages. Beyond the provisions of the bill, she recognised that "the attitudes of law enforcement officers must also change," and her Federation had been working with the police to develop a training manual on gender violence.

Also the issues of traditional and customary discrimination, such as forced marriage, female genital mutilation and stereotypical roles, were given much attention. The UN experts expressed hope that proactive measures would be taken to counter these practices. Ms Koome put her trust in the rights-based approach of the new Constitution, saying this n meant it was committed to ensuring that customary law, to be applied, must pass the human rights test. "If a customary practice infringes on internationally or nationally proclaimed rights, it will be declared null and void."

Also uniform marriage laws remained a great challenge in Kenya, Ms Koome said, "despite long-standing efforts." Notwithstanding the kind of marriage, though, alimony, property and custody questions could be brought to the regular courts, in accordance with the law and the welfare of the children. "Under customary marriages, however, such cases could also be adjudicated in traditional ways," she said.

Ms Aise Feride Acar, the UN committee's Chairperson, concluded that the Kenyans had made an impressive presentation of their plans to fight discrimination of women. "The Committee was also impressed with the stated political will of the new government," she said, adding that "it might be a historically important crossroads for Kenya and Kenyan women." 

Sources: Based on UN sources and afrol archives

 

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