SOAWR Communique on Conflict in Kenya

We, the members of Solidarity for African Women’s Rights (SOAWR), a regional network of 29 Civil Society organisations and Development partners working towards the promotion and protection of Women’s Human Rights in Africa, meeting in Addis Ababa, Ethiopia between 22 -24^th January 2008:

Express grave concern at the increased civil and political unrest following the 2007 general elections in the Republic of Kenya;

We also note that this civil and political unrest has led to gross violations of human rights, which includes inter alia loss of life and aggravation of the internal displacement and refugee crisis within the Eastern African region.

SOAWR is deeply concerned about the impact of the unrest on women, and in particular the perpetration of violence against women and their vulnerability to sexual violence and exploitation, which further entrenches patriarchy and gender inequality. We are particularly concerned by the widespread use of rape as a tool of terror against women and girls in the post-electoral violence.

We wish to draw the attention of the Government of Kenya to commitments and obligations made in regional and international instruments in respect of the observance and protection of fundamental human rights:

•-We reaffirm the provisions of the African Charter on Human and Peoples Rights;

•- We recall the provisions of the International Covenant on Civil and Political Rights, in particular, Article 21 recognising the right of peaceful assembly: No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society..........protection of the rights and freedoms of others.

We recall the Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in Africa, in particular the duties of State Parties to protect asylum-seeking women, refugees returnees and internally displaced persons, against all forms of violence, rape and other forms of sexual exploitation and ensure that the perpetrators are brought to justice before a competent criminal jurisdiction. Further, States are encouraged to take all necessary measures to ensure that no child, especially girls under the age of 18 years, take a direct part in hostilities and that no child is recruited as a child soldier.

•-We further recall the commitments made by all African Union States to the Solemn Declaration on Gender Equality in Africa and where concern was expressed that, while women and children bear the brunt of conflicts and internal displacement, including rapes and killings, they are largely excluded from conflict prevention, peace-negotiation, and peace-building processes in spite of African women’s experience in peace-building;

•- United Nations Declaration on the Elimination of Violence Against Women Article 4 (c) calling on all States to condemn violence against women and exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by private persons; and

•-United Nations Security Council Resolution 1325 calls on all parties in armed conflict to take special measures to protect women and girls from gender-based violence, particularly rape and other forms of sexual abuse;

SOAWR expresses solidarity and support to all the parties, in particular all women and women’s rights groups in the Republic of Kenya who have consistently and without fear called for a cessation of hostilities and a return to peace and democracy. SOAWR supports the call made by Kenyan women participants at the 11^th Pre-Summit meeting jointly hosted by Femmes Africa Solidarité and Women, Gender and Development Directorate where participants of the meeting in their communiqué of January 23, 2008 proposed for a woman led mission to be fielded soon

In the spirit of unity, peace, security, justice, equality and freedom we call upon:

1. The Government of Kenya;

•- To take all necessary measures to ensure the peaceful cessation of hostilities;

•- Act with due diligence to protect all members of civil society, without discrimination on any grounds, from further violence whether perpetrated by state actors or private persons;

•- In the spirit of reconciliation embrace constructive dialogue with all organs of state, other stakeholders and civil society;

•- Ensure the full and effective participation and representation of women in any peace process including the prevention, resolution, management of the civil and political unrest;

•- To recognise the rights and freedom of expression and peaceful assembly with due respect for the inherent dignity of all persons;

•- Recognise and utilise all relevant Regional mechanisms for conflict prevention, resolution, management and reconstruction;

•- Without delay ratify, domesticate and implement the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa

2. All political parties

•- To take all necessary measures to ensure the peaceful cessation of hostilities;

•- Act with due diligence to protect all members of civil society, without discrimination on any grounds, from further violence;

•- In the spirit of reconciliation embrace constructive dialogue and refrain from making statements that would compromise the mediation processes;

•- Ensure the full and effective participation and representation of women in any peace process including the prevention, resolution, management of the civil and political unrest;

3. All Members of Civil Society

•- Focus efforts on peace-building, justice, healing and reconstruction not only at the political level but also at the level of poor and vulnerable people most affected by the crisis;

•- Contribute towards the process of cessation of hostilities;

•- Exercise the freedom and rights of expression and assembly with due responsibility and respect for human rights and the dignity of persons regardless of ethnicity;

•- Contribute and participate in the peaceful resolution of the civil and political unrest with particular emphasis on women’s rights concerns and ensure women’s full and equal participation

4. Kenyan citizenry

•- Desist from perpetrating violence; ensure that freedom of expression and assembly are exercised with due responsibility and respect for human rights and the dignity of persons regardless of gender and ethnicity

5. All AU member states

•- Urgently appoint a Fact Finding Mission, which will investigate, and report back on the root causes of the unrest, the financial and human rights implications of civil and political unrest and make recommendations for the peaceful resolution of the crisis

•- Engender the entire process of the fact finding mission

•- Provide all necessary support and coordination to ensure a successful mediation process

6. The international community

•- Respect and support the national and regional peace-building processes

•- Respect and implement international humanitarian and human rights law that protects the rights of women and girls during and after conflicts.

•- Increase humanitarian aid and structural support to all vulnerable groups particularly girl children and women.

25 January 2008 at Addis Ababa, Ethiopia

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