More must be done to prevent SGBV during August polls
Women suffer an extra layer of violence because conflicts and crises are gendered. In previous election cycles as Kenya reeled in violence following contested election results, many Kenyan women, children and men suffered sexual and gender based violence (SGBV). As campaigns gain momentum and candidates sell their platforms to constituents, SGBV survivors grapple with more racing thoughts – who will protect them, their families and communities against election violence, should it occur again. Election periods are tied to violence in Kenya. The National Cohesion and Integration Commission’s most recent conflict mapping established that there is over 50% chance of violence Until our leaders and institutions show us how they will protect people from SGBV, we must question their commitment to protecting survivors and ending SGBV.
In 2013 survivors of SGBV committed during the 2007 post-election violence (PEV) filed Constitutional Petition 122 of 2013, which aimed to hold the government accountable for its failure to put in place effective measures to prevent and respond to sexual violence during PEV. This case is significant for SGBV survivors and women’s rights in general in Kenya as it is the first time a court recognized the occurrence of SGBV during election violence.
The legal acknowledgement of these crimes provides a platform for activists, media, NGOs and the state to provide support for survivors and prevent similar harm in future.
Institutions such as the police are critical to women’s protection, they should do more to show their commitment to SGBV prevention. Police have publicized their efforts to change how they manage SGBV reports. For example, when Kenya instituted lockdowns as part of the Covid-19 restrictions, the number of SGBV reports rocketed across the country as women and girls were forced to stay at home. Human rights defenders and Kenyans at large rightfully demanded action from the government. One useful response from the police was the development of a partnership with health and social services institutions as a means to better support SGBV survivors. This is one step in a difficult, and hopefully, short journey.
The judgment also pointed out instances where police failed survivors of SGBV during election violence. In one case, a survivor reported abuse and identified her attackers. But, police did not investigate her report. SGBV is underreported because survivors are aware of the retaliation and retraumatization they risk if they come forward to demand justice. Police play an important role in deterring SGBV when they investigate, because it sends a clear message to perpetrators that they will face serious consequences. Thankfully, the judgment reiterated this need for police to be more proactive when dealing with SGBV.
History helps us look forward. Police can learn from this judgment and prevent SGBV in our communities.
History helps us look forward. Police can learn from this judgment and prevent SGBV in our communities. Much like in previous election cycles, political, social and technological experts have mapped out possible hotspots which might be affected by violence in the upcoming elections. In early April 2022, media reported that Kenya’s deputy Inspector General Edward Mbugua said police are ready to secure the country against violence. This statement reassures Kenyans that police are learning from past cycles, and taking steps to prepare to protect citizens. . These preparations must be wholistic.
Police are obligated to do more to address SGBV in the event of election violence, but they have not announced any efforts monitoring patterns of sexual violence during this campaign period. Protection strategies informed by monitoring will aid protection measures from village, county to state-levels.
It remains unclear how police will react to reports of SGBV during the election period. How will they make sure that survivors can come forward to report? SGBV reporting is greatly reduced due to stigma in communities, but, protection and assurances of justice could encourage survivors that someone in authority will listen to them when they come forward. Police have offered exactly zero assurances of protection or investigation of election-related SGBV cases.
Civil society organizations in Kenya have been calling on the government to implement the recommendations of various inquiries to ensure justice for victims of past abuses. 24 March 2022
As Utu Wetu Trust, we put police on notice, and demand clarity from them on what they are doing to prevent SGBV, and how they will support survivors. The police leadership need to publicly commit to zero-tolerance of SGBV offenses by officers, and make these commitments known to communities who are living in fear of election-related SGBV.
President Uhuru Kenyatta’s International Women’s Day speech in 2022 reflected on the gains Kenya has made for women, citing some progressive laws. This speech did not acknowledge the deep anguish survivors of sexual violence live with daily because statte structures fail them at every turn. If Kenya is truly committed to protecting women, the government needs to show how it will protect women from SGBV during the upcoming elections. So far, flowery speeches have not done SGBV survivors any justice.