Call for Political Commitment & Action by State Duty Bearers to Prevent and Respond to Sexual and Gender-Based Violence during the 2022 General Election
This is a call to action by Kenyan citizens who have suffered and continue to endure the consequences of election-related violence. We represent hundreds of thousands of women, men, boys and girls who bear the physical, psychological and socio-economic scars inflicted through gang rapes, sexual assault, enslavement and exploitation, genital mutilation, forced circumcision and other forms of sexual and gender-based violence (SGBV) committed during the 2007-08 and 2017 post-election violence. In our midst are also children who were born as a result of rape committed against their mothers; now teenagers, they continue to struggle with their identity and rejection. Our count also includes our family members and dependents who have witnessed and borne with us our suffering, first hand.
Today, we begin a one-week countdown to the 2022 General Election. All candidates, parties and coalitions seeking leadership positions have put out their manifestos. Several measures proposed in these political charters promise to deal with structural problems resulting in gender-based and socio-economic inequalities, which have been some of the underlying causes of past political violence. It is however disturbing to observe that none of the manifestos have given any attention to the citizens who have paid a heavy price for the repeated cycles of election-related violence – through death and life-long disabilities and health complications such as traumatic fistula, ruptured uterus, sexual dysfunction and infertility, depression and mental health conditions, and HIV and sexually transmitted infections. Many victims lost their jobs and sources of income, dropped out of school, and have been unable to restore their livelihoods, support their children’s education and live in dignity. The recommendations of the Truth, Justice and Reconciliation Commission calling for a comprehensive reparation program to address the impact of historical injustices and gross violations suffered by victims and their families and dependents has been given a total political blackout.
Thus, today, we the Survivors of election-related SGBV (ER-SGBV) issue our manifesto. We too are voters and deserve recognition, we deserve to be heard. First, we reiterate our call for peaceful elections as articulated in the statement issued by the Survivors of SGBV Network on 20th July 2022. We call for public commitments by all aspirants and political parties and their supporters to steer clear of inciting or committing any form of violence, especially SGBV during the elections.
Second, we call on the four candidates from among whom the next president will be elected, to commit to ensure that the next Government fully implements the recommendations of the TJRC to provide comprehensive reparation to victims of election-related violence and historical injustices.
Third, we call on State duty bearers to take meaningful action to prevent, mitigate and respond to SGBV prior to, during and after the elections.
Past investigations indicate that police have been involved in committing SGBV in the context of security operations conducted during episodes of election-related violence. The Commission of Inquiry into the 2007-08 Post-Election Violence (also known as the Waki Commission) established that police officers, including General Service Unit (GSU), Kenya Police, and Administration Police, were the accused perpetrators in at least 26% of the reported incidences of rape and other forms of sexual violence. Ten years later, in 2017, the Kenya National Commission on Human Rights established that approximately 50% of the documented incidences of sexual violence committed during and following the 2017 elections were reported to have been committed by police or “men in uniform”.
Police have indicated in the past that they were unable to investigate incidences of SGBV committed during elections because victims either did not report or were unable to identify their alleged perpetrators. The police, backed by a recent decision of the High Court of Kenya (Constitutional Petition 122 of 2013 – now on appeal) have also claimed that they do not owe a special duty to protect specific citizens from SGBV that may be committed by third parties, particularly when they are unaware of the existence of a potential threat.
- We, Survivors of ER-SGBV, therefore, wish to publicly declare and put the Police and Ministry of Interior on notice of the existence of a potential threat for SGBV in our communities during the 2022 election period. Past patterns of election-related violence and the 2022 Conflict Hotspots Mapping conducted by the National Cohesion and Integration Commission provide evidence indicating a high likelihood of and the potential triggers of election-related violence, locations and communities that are likely to be affected. Sufficient resources and personnel should be deployed in a timely manner to ensure effective protection of citizens, especially women and girls in informal settlements, against SGBV committed not only by their fellow citizens but also rogue police officers and other state security actors.
- We call on the Inspector General of Police to publicly issue an order calling on officers in charge to take specific measures to ensure that their subordinates do not engage in criminality, including SGBV, during election operations, and provide a clear commitment that immediate and proactive action will be taken to investigate and prosecute all incidences of election-related SGBV, including those committed by police officers.
- We call on the Inspector General of Police, Independent Policing Oversight Authority (IPOA) and National Police Service Internal Affairs Unit (IAU) to ensure that the names and identification details of all police officers deployed for election operations are publicly displayed at the chiefs’ office and police stations/posts within affected communities. This will ensure that we no longer have situations where victims can only identify perpetrators as “men in uniform”.
- We call on the Director of Public Prosecutions, Chief Justice, Inspector General of Police, IPOA, IAU and National Council on Administration of Justice to ensure that special investigators, prosecutors and magistrates deployed to deal with election offences are properly trained and also focus on the investigation and prosecution of ER-SGBV. Further, to ensure that investigations and prosecution of ER-SGBV are undertaken not only as domestic but also international crimes under the International Crimes Act of 2009. This will ensure accountability for direct perpetrators of ER-SGBV as well as leaders who facilitate the commission of such violations or police superiors/commanders who fail to take action to prevent or respond to potential or reported cases of ER-SGBV.
- We call on the Chief Justice working with the National Council on Administration of Justice to put in place specific measures to fast-track investigations and prosecution of ER-SGBV cases, similar to election petitions. It is sad and appalling to note that victims of SGBV committed during the 2007-08 PEV have been in court seeking for accountability and reparation since February 2013 in Constitutional Petition No. 122 of 2013 and now in Appeal Case E645 of 2021.
- We call on the National and County Governments to work collaboratively with survivors, community-based actors, civil society, faith actors and humanitarian organizations to ensure timely, coordinated and effective responses to victims who may be affected by ER-SGBV. This should include ensuring timely deployment of specialized personnel for effective monitoring, early warning and mitigation of potential risks of ER-SGBV; public outreach on available services; rapid rescue measures; toll free hotline numbers with calling and text message options; safe shelters and spaces including in churches and mosques; emergency and comprehensive health care services as close as possible to affected communities, and legal aid. Such measures should take into account existing structural barriers such as stigma and potential security challenges that may present barriers to survivors’ ability to report and access post-rape care services.
Our fellow country men and women, the simple truth is that the entrenched culture of impunity for political violence remains the single most critical underlying factor that perpetuates cycles of election-related violence in Kenya. This is demonstrated in our continued failure to hold instigators and perpetrators of election-related violence accountable and to acknowledge and provide reparation to victims suffering from the consequences of such violence. We understand too well the cost of such violence and today, extend our open arms to collaborate with all State and non-State actors to that we can truly ensure that we will never again permit election-related violence in our beloved country. May God bless Kenya!