Lobbying The Sexual Offences Act 2006 Hon Njoki

Lobbying The Sexual Offences Act 2006 Hon. Njoki S. Ndungu, EBS, MP.

LOBBYING & ADVOCACY FOR LEGISLATIVE CHANGE § * HISTORY OF WOMENS RIGHTS IN KENYAN PARLIAMENT § CONSTITIONAL PROVISIONS S. 84 (Drawback Clauses) § FATE OF WOMEN’S RIGHTS BILLS SINCE INDEPENDENCE: REPEAL OF AFFLIATION ACT 1974 § LOPSIDED LAW OF SUCCESSION 1981 § AFFIRMATIVE ACTION MOTION 1995 AND 1999

HISTORY § Equality Bill Motion of 2000 § Referendum on the New Constitution for Kenya 2005. (Women's right to represent right+affirmative action+Inheritance. § Domestic Violence (Family Protection) Bill (Shelved in 1996)

ENVIRONMENT § 18 WOMEN OUT OF 224 MEMBER OF PARLIAMENT (222 MPs + Speaker + AG) § 2 WOMEN IN THE 28 MEMBER CABINET 6 ASSISTANT MINISTERS OUT OF OVER 40 ASSISTANT MINISTERS § NO PARLIAMENTARY POLICY ON MATERNITY WOMEN’S REPRODUCTIVE HEALTH, HANDBAGS, SEXUAL HARRASSMENT, TOILET FACILITIES OUTSIDE CHAMBER § “PLAQUE ‘FOR THE JUST GOVERNMENT OF MEN; ”

ENVIRONMENT § Government in Transition – Gender Ministry and Gender Commission and National Human Rights Commission § Civil Society in transition, brink of collapse § Regional Factors outside of Kenya (rape cases of Zuma and Besyige)

Parliamentary Process § “Private Members Bills vs Government Bills. § Success Factor on PM Bills – Not good § § § Hon JM Kariuki Hon. Olo Aringo Hon. Joe Donde Hon. Eng. Karue Hon. G. G Kariuki 1968 Hire Purchase Parliamentary Service Comm Banking Bill Constituency Development Fund Wildlife Bill All Challenged by the GOK

Parliamentary Procedure to get a PMB a) b) c) d) e) f) Motion to seek permission (debate) Research and materials Expense Queuing in the motions line Political party sponsorship Media strategy

The Bill: technical aspects § Research § Drafting § Experts § Main Challenges: Funding, Time, timing and other resources.

The Bill: Political Aspects § Addressing the conservative culture; § Engaging with Chauvinism and gender power relations: § Managing the Political Divide in the House; § Preparing a professionally done public relations media strategy

RESEARCH § A CLEAR STATEMENT OF THE PROBLEM § § § § CRIMINAL STATISTICS MEDICAL STATISTICS LEGAL ANALYSIS – DO WE NEED A NEW LAW; WHATS WRONG WITH WHAT WE HAVE? NEW OFFENCES REQUIRED? NEW PENALTIES? ACCESS TO JUSTICE ACCESS TO MEDICAL TREATMENT DEALING WITH SILENCE AND STIGMA

PARTNERSHIPS AND NETWORKING § WOMEN IN LAW AND DEVELOPMENT IN AFRICA (WILDAF KENYA) § NARIOBI WOMENS HOSPITAL § STEADMAN GROUP § SCAN AD & CINEARTS § ASSOCIATION OF SISTERS IN KENYA

Partnerships & networking § PARLIAMENTARY COMMITTEE ON ADMINISTRATION OF JUSTICE AND LEGAL AFFAIRS. § PARLIAMENTARY JOURNALISTS ASSOCIATION § KENYA WOMEN PARLIAMENTARY ASSOCIATION (KEWOPA) § COMMISSIONER OF POLICE § ATTORNEY GENERAL

LOBBYING AND ADVOCACY § RAISING AWARENESS ON THE CRIME THROUGH THE PRINT AND ELECTRONIC MEDIA § § § TALKSHOWS RADIO AND TV INTERVIEWS PUBLIC DEBATES AND FORUMS WRITING OF ARTICLES AND COLUMNS FRONTPAGING AND HEADLINING THE ISSUE (STRATEGY WITH NATION MEDIA GROUP) § DOCUMENTARY § ORGANISING TALKS AND MEETINGS WITH INFLUENTIAL GROUPS (ROTARY,

LOBBYING AND ADVOCACYstrategies § § § § Male opposition seconder to the Bill Engaging the Generals - Political Party heads One-on- One interactions with MPs to personalize the issue One-on One with Media owners Non- threatening messages to MPs A solid male medical doctor as the male face of the Campaign: Dr. Sam Thenya Getting survivors to testify

LOBBYING AND ADVOCACYstrategies § Workshops to raise awareness on Sexual Violence and the proposed law for § § § § Religious Sector Private Sector CJLA PJA Editors Doctors Police

LOBBYING AND ADVOCACY- strategies § Outreach to Secondary Actors § § § § MPs wives MPs families MPs churches or religious institution MPs constituents (women and opinion leaders) Bishops Imams Women and Human Rights NGOs

The Art of Negotiation/Navigation § Bring a full plate to the table, put as many controversial issues as possible! § Focus on children and the elderly § Using a feminine feminist approach § Expect the unexpected.

The “official” opposition § § § MPs’ who were articulate and influential in parties. Professionals: Many Lawyers and Doctors The Jacob Zuma/ Besigye Factor The Traditionalists: How do we speak about sexuality in public? The Chauvinists: Thinking for the African Woman!

The Debate • • Release of the Steadman Report Workshop for MPs (with survivors) Moving the Bill Onslaught from an organized opposition

The Debate • Downgrading the debate • Two weeks reprieve • Debate back on track • Strategy to counter the opposition on the Second reading • Introduction of harmful amendments at the Committee stage before third reading

The Bill becomes Law!! § Assent in July 2006 § Establishment of Multi-sectoral Task Force on the Implementation of the Act in 2007 § Amendments made in September 2007 § Development of official curriculum in place § Evaluation of first TOT done –challenges in attitude of judicial and police officers

Challenges § § Expensive Labour-Intensive Lack of traditional support Harmful methods of lobbying – Political/Parliamentary process is more complex than it seems.

SCHEDULE OF OFFENCES AND PUNISHMENTS UNDER THE SEXUAL OFFENCES ACT. PROVISION OFFENCE SENTENCES Section 3 Rape Imprisonment for not less than 10 years and may be enhanced to Imprisonment for Life. Section 4 Attempted Rape Imprisonment for not less than 5 years and may be enhanced to Imprisonment for Life. Section 5 Sexual Assault Imprisonment for not less than 10 years and may be enhanced to Imprisonment for Life. Section 6 Compelled Or Induced Sexual Acts Imprisonment for not less than 5 years Section 7 Acts that Cause Imprisonment for not less than 10 Penetration or Indecent years acts done within the view of a Child or a Mentally Disabled person

Section 8 Defilement Of a child of 11 years or less imprisonment for life Of a child of 12 -15 years imprisonment of not less than 20 years Of a child of 16 – 18 years imprisonment of not less than 15 years Section 9 Attempted Defilement Imprisonment of not less than 10 years Section 10 Gang Rape Imprisonment for not less than 15 years and may be enhanced to Imprisonment for Life. Section 11 Indecent Act with a Child Imprisonment for not less than 10 years Section 12 Promotion of Sexual Offences with a Child Imprisonment for not less than 5 years or a fine of not less than 500, 000 Kenyan Shillings.

Section 13 Child Trafficking Imprisonment for not less than 10 years, and if a Juristic person a fine of not less than 2 Million Kenyan Shillings. Section 14 Child Sex Tourism Imprisonment for not less than 10 years, and if a Juristic person a fine of not less than 2 Million Kenyan Shillings. Section 15 Child Prostitution Imprisonment for not less than 10 years. Section 16 Child Pornography Imprisonment for not less than 6 years, or to a fine of not less than 500, 000 Kenyan Shillings, or both. Section 17 Exploitation of Prostitution Imprisonment for not less than 5 years, or to a fine of not less than 500, 000 Kenyan Shillings, or both.

Section 18 Trafficking for Sexual Exploitation Imprisonment for not less than 15 years, or to a fine of not less than 2 Million Kenyan Shillings, or both. Section 19 Prostitution of Persons with Mental Disabilities Imprisonment for not less than 10 years, and if a Juristic person a fine of not less than 2 Million Kenyan Shillings. Section 20 Incest by Male Persons Imprisonment for not less than 10 years Section 21 Incest by Female Persons Imprisonment for not less than 10 years Section 23 Sexual Harassment Imprisonment for not less than 3 years, or to a fine of not less than 100, 000 Kenyan Shillings. Section 24 Sexual Offences relating to Position of Authority and persons in position of Trust Imprisonment for not less than 10 years

Section 26 Deliberate transmission of HIV or any other life threatening Sexually Transmitted Disease Imprisonment for not less than 15 years but may be enhanced to life. Section 27 Administering Substance with Intent Imprisonment for not less than 10 years Section 28 Distribution of Substance by a Juristic Person A Juristic Person can be fined for not less than 5 Million Kenyan Shillings, or the imprisonment of its Directors for not less than 10 years, or both. Section 29 Cultural and Religious Sexual Offences Imprisonment for not less than 10 years Section 30 Non Disclosure of Conviction of Sexual Offences Imprisonment for not less than 3 years, or to a fine of not less than 50, 000 Kenyan Shillings, or both.

THE END. THANK YOU.