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 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 Section 3
OFFENCE Rape
SENTENCES Imprisonment for not less than 10 years and may be enhanced to Imprisonment for Life. Imprisonment for not less than 5 years and may be enhanced to Imprisonment for Life.
Section 4
Attempted Rape
Section 5
Sexual Assault
Imprisonment for not less than 10 years and may be enhanced to Imprisonment for Life.
Imprisonment for not less than 5 years
Section 6
Compelled Or Induced Sexual Acts
Section 7
Acts that Cause Penetration or Indecent acts done within the view of a Child or a Mentally Disabled person
Imprisonment for not less than 10 years
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
Imprisonment of not less than 10 years Imprisonment for not less than 15 years and may be enhanced to Imprisonment for Life. Imprisonment for not less than 10 years Imprisonment for not less than 5 years or a fine of not less than 500,000 Kenyan Shillings.
Section 9 Section 10
Attempted Defilement Gang Rape
Section 11 Section 12
Indecent Act with a Child Promotion of Sexual Offences with a Child
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. 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
Section 15
Section 16
Child Prostitution
Child Pornography
Imprisonment for not less than 10 years.
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.
Imprisonment for not less than 10 years, and if a Juristic person a fine of not less than 2 Million Kenyan Shillings. Imprisonment for not less than 10 years
Section 19
Prostitution of Persons with Mental Disabilities
Section 20
Incest by Male Persons
Section 21
Section 23
Incest by Female Persons
Sexual Harassment
Imprisonment for not less than 10 years
Imprisonment for not less than 3 years, or to a fine of not less than 100, 000 Kenyan Shillings. Imprisonment for not less than 10 years
Section 24
Sexual Offences relating to Position of Authority and persons in position of Trust
Section 26
Deliberate transmission of HIV or any other life threatening Sexually Transmitted Disease Administering Substance with Intent
Imprisonment for not less than 15 years but may be enhanced to life.
Section 27
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.
Imprisonment for not less than 10 years Imprisonment for not less than 3 years, or to a fine of not less than 50, 000 Kenyan Shillings, or both.
Section 29 Section 30
Cultural and Religious Sexual Offences Non Disclosure of Conviction of Sexual Offences
THE END.
THANK YOU.