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Sexual Offences Bill

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Sexual Offences Bill Powered By Docstoc
					 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     1968 Hire Purchase
             Hon. Olo Aringo    Parliamentary Service Comm
             Hon. Joe Donde     Banking Bill
             Hon. Eng. Karue    Constituency Development Fund
             Hon. G.G Kariuki   Wildlife Bill


                                  All Challenged by the GOK
Parliamentary Procedure to get a
             PMB
   a)   Motion to seek permission (debate)
   b)   Research and materials
   c)   Expense
   d)   Queuing in the motions line
   e)   Political party sponsorship
   f)   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 ADVOCACY-
        strategies
 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 ADVOCACY-
           strategies
 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 the 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        Imprisonment for not less than 5
            Sexual Acts                 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         Imprisonment for not less than 5
             Offences with a Child       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         Imprisonment for not less than 15
             Exploitation                   years, or to a fine of not less than 2
                                            Million Kenyan Shillings, or both.

Section 19   Prostitution of Persons with   Imprisonment for not less than 10
             Mental Disabilities            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    Imprisonment for not less than 10
             Position of Authority and      years
             persons in position of Trust
Section 26   Deliberate transmission of   Imprisonment for not less than 15 years
             HIV or any other life        but may be enhanced to life.
             threatening Sexually
             Transmitted Disease

Section 27   Administering Substance      Imprisonment for not less than 10 years
             with Intent
Section 28   Distribution of Substance    A Juristic Person can be fined for not
             by a Juristic Person         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       Imprisonment for not less than 10 years
             Sexual Offences
Section 30   Non Disclosure of            Imprisonment for not less than 3 years,
             Conviction of Sexual         or to a fine of not less than 50, 000
             Offences                     Kenyan Shillings, or both.
THE END.

THANK YOU.

				
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