CEDAW/C/2003/I/CRP.3/Rev.1
Advance Unedited Version
31 January 2003
Original: English
03-21855 (E) *0321855*
Committee
on the Elimination of Discrimination against Women
Twenty-eighth session 13-31 January 2003
Draft report
Rapporteur: Ms. Christine Kapalata
Consideration
of reports of States parties
Kenya
1. The Committee
considered the comb ined third and fourth periodic report of Kenya
(CEDAW/C/KEN/3-4) at its 592nd and 593rd meetings, on 15 January
2003 (see CEDAW/C/SR.592 and 593).
Introduction
by the State party
2. In introducing
the report, the representative of Kenya expressed the commitment
of her Government to ensure that gender equality was promoted
as a necessary precondition for national development. She noted
that measures had been taken to remove social, cultural and legal
obstacles for women through various efforts. As a first step,
the National Machinery for the Advancement of Women hadbeen elevated
from a division within a department to a full department within
the new Ministry of Gender, Sports, Culture and Social Services.
3. The representative
also stated that the Standing Committee on Human Rights, established
in 1996, had been transformed into the Kenya National Commission
on Human Rights in 2002. The main function of the Commission was
to investigate violations of human rights on its own initiative
or upon a complaint by a person or group of persons. The Commission
would ensure that the Government complied with its obligations
under international treaties and conventions on human rights.
4. The representative
informed the Committee that a draft constitution had been published
on 27 September 2002. The draft was regarded as a milestone for
the women of Kenya because it sought to eliminate existing discriminatory
practices against women. The representative pointed out that section
34 of the draft\ constitution expanded the definition of discrimination
to include race, sex, pregnancy, marital status, ethnic or social
origin, colour, age, disability, religion, conscience, belief,
culture, language and birth and required that injustices against
women be addressed through legis lative or other means. Measures
had been taken to ensure that a new Constitution was in place
by June 2003.
5. The representative
also indicated that deliberate attempts had been made to improve,
among other things, women's representation in the judiciary, the
diplomatic service and the administration. In the civil service,
the number of women appointed to decision-making positions had
increased. In the recently concluded national elections, the number
of women elected to Parliament had also increased. Out of those,
three had been appointed to the Cabinet as Ministers in the Office
of the Vice-President, Water Resources and the Ministry of Health,
respectively. Out of the 12 slots for nominated members of Parliament,
the current Parliament had nominated 8 highly qualified professional
women. There were currently 17 women parliamentarians, the highest
number in the history of Kenya.
6. The Government
had put in place a policy of free and Compulsory Primary Education,
which would, among others, address gender disparities and ensure
that more girls are enrolled and complete primary school.
7. The representative
recognized that poverty needed to be reduced in order to achieve
sustainable economic growth. In that context, a Poverty Reduction
Strategy Paper had been prepared in 2001. She noted that the paper
was a short -term strategy that sought to implement the National
Poverty Eradication Plan in a series of three - year rolling plans.
A gender thematic group had been formed specifically to make the
document gender-sensitive.
8. HIV/AIDS
had become a major threat to social and economic development,
and the representative pledged her Government's commitment to
intensifying the HIV/AIDS campaign. She indicated that major priority
actions in combating the spread of the pandemic included publication
and enactment of the HIV and AIDS Prevention and Control bill
of 2002, developing a comprehensive HIV/AIDS research and control
programme based on partnerships with stakeholders, and access
to affordable anti-retroviral drugs.
9. In concluding,
the representative informed the Committee that laws would be implemented
and enacted to give effect to the empowerment of women. They included
the Equality bill of 2001 and the National Commission on Gender
and Development bill of 2002. The Government would ensure acceleration
of the implementation of the Poverty Reduction Strategy Paper
and mainstreaming of gender in all sectors of development. Ratification
of the Optional Protocol to the Convention was under consideration
and a decision to that effect would be communicated in due course.
Concluding
comments of the Committee
Introduction
10. The Committee
commends the State party for its large delegation, headed by the
Permanent Secretary in the Ministry of Gender, Sports, Culture
and Social Services, and expresses appreciation for the written
replies to the questions of the Committee's pre-session working
group and for the oral presentation, which provided additional
information on the implementation of the Convention and the current
situation of women in Kenya.
11. The Committee
commends the State party for formulating a five-year Plan of Action
based on all the twelve critical areas of concern of the Beijing
Platform for Action.
12. The Committee
commends the State party for its declared political will and efforts
to improve the status of women in Kenya. The Committee appreciates
the frankness and openness of the delegation's dialogue with members
of the Committee.
Positive
aspects
13. The Committee
welcomes the draft constitution which will come into force by
June 2003, as it addresses issues of the reform of existing discriminatory
laws .
14. The Committee
welcomes the transformation of the Standing Committee on Human
Rights into the Kenya National Commission on Human Rights, and
commends the State party for elevating the National Machinery
for the Advancement of Women, giving it more autonomy within the
new Ministry of Gender, Sports, Culture and Social Services.
15. The Committee
is pleased to note that consultations were held with representatives
of different ministries and civil society, including non-governmental
organizations, in the preparation of the combined third and fourth
periodic report.
Principal
areas of concern and recommendations
16. Although
the draft constitution, once enacted, should provide for the applicability
of international conventions ratified by the State party in domestic
courts of law, the Committee is concerned that the Convention
on the Elimination of All Forms of Discrimination against Women
has not yet been incorporated into domestic law and its provisions
have not been invoked before the courts.
17. The Committee
recommends that the State party incorporate the provisions of
the Convention on the Elimination of All Forms of Discrimination
against Women into domestic law without delay and requests the
State party to ensure that the provisions of the Convention are
fully reflected in the constitution and in all legislation.
8.The Committee
is concerned that legislative provisions as we ll as customary
laws and practices that discriminate against women in areas such
as marriage, divorce, burial and devolution of property on death
continue to exist. The Committee is further concerned at the continued
existence of multiple laws governing marriage and divorce.
19.The Committee
recommends that the State party take appropriate action to eliminate
all discriminatory laws, practices and traditions and to ensure
women's equality with men particularly in marriage and divorce,
burial and devolution of property upon death in accordance with
the provisions of the Convention. In this regard, the Committee
recommends speedy enactment of the relevant bills, including the
Domestic violence (family protection) bill of 2002; the Equality
bill of 2001; the National Commission on Gender and Development
bill of 2002; the Criminal law amendment bill of 2002; the HIV/AIDS
Prevention and Control bill of 2002; and the Public Offices Code
of Ethics bill of 2002. The Committee also recommends that the
State party's relevant ministries continue working with civil
society, including nongovernmental organizations, in order to
create an enabling environment for legal reform, effective law
enforcement and legal literacy.
20. The Committee
expresses concern about the persistence of cultural practices
and stereotypical attitudes with respect to the role and responsibilities
of women that undermine their rights.
21. The Committee
requests the State party to increase its efforts to create awareness
in society about the need to change stereotypical attitudes and
discriminatory behaviour towards women and girls through, inter
alia, specific programmes directed at men and boys, as well as
to conduct educational campaigns directed at both women and men
in this regard. The Committee further encourages the media to
project a positive image of women and to promote the equal status
of women and men in both the public and private spheres. It also
calls upon the State party to periodically review the measures
taken in order to identify shortcomings and to adjust and improve
those measures accordingly.
22. The Committee
expresses concern at the continued prevalence of violence against
women. It is particularly concerned about domestic violence, sexual
harassment in the workplace and in institutions of learning, and
other forms of sexual abuse of women.
23. The Committee
urges the State party to accord priority attention to the adoption
of comprehensive measures to address violence against women and
girls, taking into account its general recommendation 19 on violence
against women. The Committee calls on the State party to enact
or review, as appropriate, legislation on all forms of violence
against women including domestic violence as well as legislation
concerning all forms of sexual harassment, in order to ensure
that women and girls who are victims of violence and sexual harassment
have access to protection and effective redress and that perpetrators
of such acts are prosecuted and punished. The Committee also recommends
gender-sensitive training for public officials, particularly law
enforcement personnel, the judiciary and health services providers.
It also recommends the establishment of shelters and counseling
services for victims of violence and sexual harassment.
24. The Committee
notes with concern that, despite the prohibition of female genital
mutilation by the State party, the practice persists and is widely
accepted in the country.
25. The Committee
recommends that the State party develop a plan of action, including
a public-awareness campaign, targeted at both women and men, with
the support of civil society including NGOs, to eliminate the
practice of female genital mutilation and encourages the State
party to create an enabling environment for effective law enforcement
and to devise programmes for alternate sources of income for those
who perform female genital mutilation as a means of livelihood.
26. While
recognizing an increase in the number of women recently appointed
to decision-making positions, the Committee expresses concern
that this number remains low in parliament, the judiciary and
the diplomatic and civil service.
27. The Committee
recommends that the State party take measures to increase the
number of women in decision-making positions. It also recommends
that the State party introduce temporary special measures, in
accordance with article 4, paragraph 1, of the Convention, to
strengthen its efforts to promote and elect women to positions
of power, supported by special training programmes and awareness-raising
campaigns, taking into account the Committee's general recommendation
23.
28. The Committee
expresses concern at the discriminatory nature of Kenyan laws
relating to citizenship and nationality.
29. The Committee
urges the State party to reconcile Kenyan citizenship laws with
the provisions of the Draft Constitution and article 9 of the
Convention in order to eliminate all provisions that discriminate
against women in the area of citizenship and nationality. It requests
the State party to report on the implementation of these measures
in its next periodic report.
30. The Committee
expresses concern that, despite the laws and sanctions in place,
prostitution continues to thrive, particularly in urban areas.
The Committee is particularly concerned about the lack of information
on the extent of the exploitation of prostitution and the lack
of measures to combat this matter, including the lack of adequate
penalties for those who exploit prostitutes.
31. The Committee
requests the State party to study the phenomenon of prostitution
and to take appropriate measures to combat the exploitation of
prostitution in urban areas. It recommends that a holistic approach
be pursued in order to facilitate the reintegration of prostitutes
into Kenyan society and urges the State party to provide rehabilitation
and other programmes to women exploited in prostitution. It also
recommends prosecution and punishment for those who profit from
the sexual exploitation of women and girls
32. While
noting the State party's commitment to combat the spread of HIV/AIDS
and the reduction in infection rates from 14 per cent to 10.2
per cent in 2002, the Committee is concerned at the lack of sex-disaggregated
data on HIV/AIDS and the absence of strategic measures for the
care of women and girls infected with and affected by HIV/AIDS.
33. The Committee
urges the State party to take comprehensive measures to combat
the HIV/AIDS pandemic, to take strong preventive measures and
to ensure that women and girls infected with HIV/AIDS are not
discriminated against and are given appropriate assistance. The
Committee also emphasizes that the collection of reliable data
on HIV/AIDS is critical in order to understand the impact of the
pandemic on women and men.
34. Despite
the State party's National Policy on Gender and Development to
implement existing land and inheritance laws concerning women's
rights in rural areas, the Committee is concerned that discriminatory
customs and traditional practices remain prevalent in rural areas,
thus preventing women from inheriting or acquiring ownership of
land.
35. The Committee
urges the State party to pay special attention to the needs of
rural women, ensuring that they participate in decision-making
and have full access to education, health services, credit and
marketing facilities. The Committee also urges the State party
to take appropriate measures to eliminate all forms of discrimination
with respect to ownership, co-sharing and inheritance of land.
36. The Committee
is concerned that the National Commission on Gender and Development
i s lacking the means to effectively coordinate among the different
mechanisms related to gender; and that a lack of a clear division
of responsibilities and insufficient budget allocations may have
a negative bearing on the effective implementation of the Convention.
37. The Committee
recommends that the State party clearly define the mandate and
responsibilities of the different mechanisms related to the advancement
of women and gender equality and allocate sufficient budgetary
resources to them.
38. The Committee
urges the State party to accelerate its efforts to ratify the
Optional Protocol to the Convention and to accept the amendment
to article 20, paragraph 1, of the Convention.
39. Taking
account of the gender dimensions of declarations, programmes and
platforms for action adopted by relevant United Nations conferences,
summits and special sessions (such as the special session of the
General Assembly to review and appraise the implementation of
the Programme of Action of the International Conference on Population
and Development (the twenty-first special session), the special
session of the General Assembly on children (the twenty-seventh
special session), the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance and the Second
World Assembly on Ageing), the Committee requests the State party
to include information on the implementation of aspects of these
documents relating to relevant articles of the Convention in its
next periodic report.
40. The Committee
requests the State party to respond to the concerns and recommendations
expressed in the present concluding comments in its next periodic
report to be submitted under article 18 of the Convention; and
to take into account the Committee's general recommendations in
legislation, policies and programmes .
41. The Committee
requests the wide dissemination in Kenya of the present concluding
comments in order to make the people of Kenya, in particular government
administrators and politicians, aware of the steps that have been
taken or are intended to be taken to ensure the de jure and de
facto equality of women. It also requests the State party to continue
to disseminate widely, in particular to women's and human rights
organizations, the Convention, its Optional Protocol, the Committee's
general recommendations and the Beijing Declaration and Platform
for Action, as well as the results of the twenty-third special
session of the General Assembly, entitled "Women 2000: gender
equality, development and peace for the twenty-first century".
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