PRESS RELEASE

The World Organisation Against Torture (OMCT) expresses its concern
regarding violence against women in Kenya at the Twenty-Eighth
Session of the UN Committee on the Elimination of Discrimination
Against Women

Geneva, 15 January 2003

The UN Committee on the Elimination of Discrimination Against Women
will today begin its examination of the implementation of the
Convention on the Elimination of All Forms of Discrimination Against
Women in Kenya. In its alternative country report entitled "Violence
against Women in Kenya", which has been submitted to the Committee,
the World Organisation Against Torture (OMCT) expresses its grave
concern at reports of torture of women and widespread violence
against women in the private and community spheres.

Although the Kenyan Constitution was recently amended to guarantee
equality between the sexes (1997), in reality discrimination against
women persists in both the private and public spheres. Attempts to
draft legislation ensuring equality for women have been thwarted,
leaving women in Kenya with few laws specifically protecting their
rights. Furthermore, even where women do have de jure protection,
customary practices often conflict with these laws, making it
difficult for women to realize these protections.

OMCT is deeply concerned by reports that indicate that domestic
violence is widespread in Kenya, although seldom reported. Cultural
views concerning marriage take a permissive stance towards men
"disciplining" their wives, and thus perpetuate the problem of
domestic violence. Furthermore, marital rape is not a crime in
Kenya, revealing the cultural presumption that sexual intercourse is
an obligatory part of marriage. OMCT recommends that the Kenyan
government create legislation for the prevention and punishment of
domestic violence, including marital rape.

OMCT is also troubled by the high incidence of FGM in Kenya.
Although FGM is formally outlawed in the nation for children under
the age of 18, it continues to be carried out clandestinely causing
serious physical and psychological harm to the women on whom the
procedure is performed. OMCT strongly urges the Kenyan government to
embark on a public awareness campaign to eradicate the practice of
FGM.

OMCT is equally concerned about the high incidence of rape in Kenya.
This crime is widespread throughout the country and there is no
proper procedure in place for investigating rape. The police are not
properly trained to handle rape cases in a gender sensitive way,
creating an atmosphere where women are reluctant to report rapes.
Furthermore, there is no minimum sentence for the crime of rape and
if a rape case makes it to court, the judge often hands down a light
sentence, further discouraging women from reporting the crime. OMCT
recommends that the government train its law enforcement and judicial
officers handle rape cases (and other crimes that specifically
involve women) in a sensitive and effective way. Moreover, OMCT
advises the government to establish a minimum sentence for the crime
of rape, limiting judicial discretion.

Furthermore, OMCT is disturbed by reports of violence against women
at the hands of State agents. Reports claim that sexual abuse of
women by police officers is a pervasive problem in Kenya. OMCT
maintains the position that police officers who engage in these
crimes must be held accountable.

Overall, OMCT's report concludes that while Kenya has a duty under
international law to act with due diligence to prevent, investigate,
prosecute and punish all forms of violence against women,
irrespective of whether this violence is committed by public or
private individuals, this obligation has not been adequately
implemented at the national level.

For copies of the alternative report on violence against women in
Kenya or for further information on OMCT's programme on Violence
against Women please contact Lucinda O'Hanlon on + 41 22 809 4939 or
[email protected].

Organisation Mondiale Contre la Torture (OMCT)
World Organisation Against Torture (OMCT)
Organización Mundial Contra la Tortura (OMCT)
8 rue du Vieux-Billard
Case postale 21
CH-1211 Geneve 8
Suisse/Switzerland
Tel. : 0041 22 809 49 39
Fax : 0041 22 809 49 29
E-mail : [email protected]
http://www.omct.org