The Kenyan situation as regards the ratification of the Protocol has become something akin to a game of ping pong. So far the position of its ratification remains unclear and efforts by different interested parties to obtain clarity on the position seem to hit a dead end, writes Anna Amadi.

The African Charter on Human and People’s Rights addresses African concerns, traditions and conditions. It provides for the enjoyment of rights and freedoms on the basis of equality and non-discrimination, the elimination of discrimination against women and the protection of the rights of women and children. The protections offered by the Charter are, however, not adequate and in 1995, the Protocol to the African Charter on Human and peoples’ Rights on the Rights of Women in Africa (hereinafter the ‘Protocol’) was adopted in Maputo by the OAU to supplement the Charter.

Kenya is a State party to many human rights treaties and declarations but has not ratified the Protocol. For a long time, the human rights discourse and the implementation of obligations outlined in the various human rights treaties and declarations have not been prioritized by Government. The implication of this has been that the human rights discourse has not been popular within Government ministries and departments. Further the human rights initiatives have not attracted adequate budgetary allocations within the Government. Noteworthy, over the years, the human rights agenda has been a preserve of civil society.

The Solidarity for African Women’s Rights (SOAWR) is a regional coalition of women’s and human rights organizations that came together to work for early ratification of the Protocol on the Rights of Women in Africa. SOAWR was formed in 2004, its members alarmed that one year after adoption, only one country (The Comoros) had ratified the Protocol. The group of organizations formed a coalition that would deliberately encourage governments to take swift action in bringing the Protocol into force and ensuring its subsequent domestication. Indeed it was through the efforts of SOAWR that the Protocol came into force in November 2005, just two years after its adoption. So far 22 countries have adopted the Protocol and sadly, Kenya is not one of them.

The Kenyan situation as regards the ratification of the Protocol has become something akin to a game of ping pong. So far the position of its ratification remains unclear and efforts by different interested parties to obtain clarity on the position seem to hit a dead end. There have been myriad challenges in pushing for the ratification of the Protocol in Kenya. These range from lack of clarity on where and from whom to get information on status of ratification of, not just the Protocol, but other international and regional human rights conventions as well. Communication channels remain unclear and undefined. There is also a general lack of awareness and education on human rights and hence no candid discussions on the implications, advantages and disadvantages of ratification of given human rights instruments. These challenges have hampered appropriate consultations on the Protocol with relevant players.

In May 2007 during the 41st Session of the African Commission on Human and Peoples’ Rights held in Accra, Ghana, the Kenya Government reported that it had ratified the Protocol. The exact words of the Minister for Justice and Constitutional Affairs, Honorable Martha Karua were “I can confidently say that the instrument will be deposited by the end of June.” We are now in mid October and nothing has come of the minister’s pronouncement. There is no evidence that any follow up has been made on the Minister’s declaration and clearly there was no commitment in stating thus- an empty promise, yet again.

The Attorney General’s office indeed confirms that the Protocol was debated and received cabinet approval for its ratification and so the AG’s role has been performed. The approval, however, is said to be subject to reservations particularly regarding the thorny issue of women’s reproductive heath rights. (The Protocol explicitly sets forth the reproductive right of women to medical abortion when pregnancy results from rape or incest or when the continuation of pregnancy endangers the health or life of the mother).

The office of the Secretary of Cabinet and Head of Civil Service also confirms that there was a cabinet approval and that this was communicated the Foreign Affairs Ministry way back in May 2006 and the latter was expected to prepare and deposit the instrument for ratification. It is frustrating that the legal office in the Ministry has been giving contradictory information, with claims that the approval was communicated but got ‘lost’, yet other sources claiming no such approval has been received .The Gender Ministry that should take the lead in the matter appears to be in darkness over the whole issue!

In 2005 the Kenya Government constituted an Advisory/Consultative Committee on International Human Rights Obligations with the function of advising the Government on measures necessary to comply with its international human right obligations. The committee works with stakeholders including relevant Ministries, Government departments, public bodies, civil society among others to coordinate the collection, documentation and updating information relevant to the Government’s obligations in order for it to meet and implement its obligations under the regional and international human rights instruments to which Kenya is a state party. FIDA Kenya which is a member of SOAWR sits on this committee, and this offers an opportunity for SOAWR to keep pushing for the ratification of the protocol. However, the committee only plays an advisory role, and cannot, for example, demand accountability from a government department when it fails to perform its duties.

So far, simply put, we are in a quagmire. Clearly there is need for us to continue seeking of audience with the various personalities charged with the responsibility of following up on ratification within government. It would also be useful to build the capacity of stakeholders on the processes and usefulness of not only ratifying but also domesticating the protocol. Women’s and human rights organizations must use of all opportunities that present themselves in different forums to make the case for early ratification of the Protocol. Regular and sustained strategy meetings amongst coalition partners need to be held to keep the agenda alive, with a vibrant communication strategy that ensures all interested parties are on the same wavelength. Media should be an integral campaign partner so that the activities around advocating for the ratification of the Protocol are were well covered for the attention of the concerned government bodies.

* Mrs Anne Amadi is deputy executive director of FIDA Kenya

* Please send comments to or comment online at www.pambazuka.org

The Maasai Integral Resource Program [mirp] have two core programs - Education and Conservation. In education, mirp supports ten primary schools with a population of 4058 students by improving the infrastructure like classrooms, desks and teaching materials and also supports 86 vulnerable children [24 of them orpahns]. In Conservation mirp is involved in wildlfie security to stop poaching and bush meat trade as well as cultural tourism where guests stay with hosts
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The Kenya National Commission on Human Rights is investigating a large number of alleged executions and disappearances. Preliminary investigations suggest that between June and October 2007 close to 500 bodies of young men have been deposited in various mortuaries in the country by the police and the KNCHR has evidence suggesting that other bodies were dumped in the wild for hyenas and other wild animals to eat

The Kenyan Community Abroad (KCA) has set the stage for the first Presidential Debate in Kenya's history. The debate will be held in November 22nd at the United States International University, Nairobi. There are currently four candidates vying for the position of the President of the Republic of Kenya and we, Kenyans abroad and the people of Kenya at large, look forward to their participation in this historic event that will set forth a new chapter in the advancement of an African democracy.

A Kenyan judge has ordered an investigation of a United States children's charity accused in a civil suit of exploiting and trafficking children, a court official said on Tuesday. High Court Judge Benjamin Kubo on Monday extended an order first issued on October 9 barring Kids Alive Kenya from operating in the country until the suit filed against it has been resolved, said the official.

The Inter Region Economic Network (IREN) is organizing a Pan Africa Workshop on Service Delivery to Small Holder Farmers (Feb 4 – 6, 2007). IREN is inviting farmers, industry players, media, academia and health experts from Africa to discuss how best the continent can exit dependency and be prosperous through commercializing agricultural ideas.

An unexpected challenge has been directed at the economic partnership agreement (EPA) being negotiated between the European Union and the east and southern African group. Two lobby groups have filed a law suit in Kenya to halt the signing of the EPA. The Kenyan government, on the other hand, has defended its position, saying that the trade deal is in the best interest of all concerned.

A government funded human rights watchdog said Wednesday it wants an international panel of security experts to investigate extra-judicial killings in the last few months after the police commissioner rubbished their report which implicates them. Nearly 500 people have been killed between June and October and their bodies dumped in mortuaries in the city and its suburbs according to a Kenya National Commission on Human Rights report released this week.

As part of its Corporate Social Responsibility (CSR), British Airways is to invest 100, 000 pounds (Sh13.5 million) to assist four rural schools of Kenya to establish Information Technology centres. The four 'slum' schools are in Nairobi's Mukuru area. In an interview, the head of Community Relations at BA, Ms Mary Barry said that Kenyan 'slum' schools were at the heart of the airline and that the IT support could not have come at a better time.

Landmines have long been recognized internationally as indiscriminate weapons of war. The impact of their use in human and socio-economic terms has received considerable attention, generated studies, contributed to policies and, in the end, led to one of the most successful international instruments and a process for monitoring states' compliance with their Mine Ban Treaty commitments.

Lately, saving Africa has become very fashionable, writes Mukoma Wa Ngugi. Hollywood celebrities are adopting African babies. Bono and Bob Geldof sing for Africa. And Bill Gates, former heads of state Bill Clinton and Tony Blair and a sprinkling of former World Bank officials have probably caused traffic jams there as they tout their campaigns.

A new project to develop an integrated sugarcane facility in Kenya could be a boost for biofuels production in east Africa. The Ngima Project at Homa Bay on the shores of Lake Victoria (‘‘ngima’’ is the word for ‘‘life’’ in the local Luo language) is looking to foster a dual export and domestic system of sugarcane production, concentrating on both white sugar and biofuel production.

Police may have killed hundreds of people in a crackdown on Kenya's notorious Mungiki gang, a rights group said on Thursday, in a growing national controversy ahead of a presidential election in December. The Kenya National Commission on Human Rights said it suspects police dumped hundreds of bodies in a Nairobi mortuary before lack of space forced them to use secluded bushland outside the capital.

Kenya's electoral commission has named 27 December as the date for elections. Presidential, parliamentary and civic polls will be held simultaneously and are expected to be closely contested. President Mwai Kibaki is running for a second five-year term, having won an election in 2002 to replace former long-time leader Daniel arap Moi.

Investec is a respected Anglo South African merchant bank listed on the London Stock Exchange since 2002 and said to be worth UK £3.5 billion (about Ksh 472.5 billion). Its Guernsey operation Investec Trust Guernsey (ITG) has become embroiled in Kenya’s Anglo Leasing grand corruption scandal.

This position, based in Nairobi, is an exciting opportunity for a person of the Kenyan LGBTI community interested in supporting HIV/AIDS and STI prevention, care and treatment programmes for MSM and LGBTI.

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An experienced (field) researcher that can undertake practical assessments of community pastoral and security issues in Eastern Africa (focusing on the five project countries). He/she will work in close collaboration with government agencies and officials to improve inter-departmental and eventually regional cooperation on border control in pastoralist areas.

An experienced community/civil society coordinator with expertise in community engagement and liaison, conflict management, media, civil society, and dealing with pastoral communities, especially in Eastern Africa. The successful candidate will, among other tasks, coordinate and manage intra and cross community/border peace meetings in the pastoral area.

An experienced senior legal analyst to develop a regional legislative and law enforcement strategy to counter, prevent, combat and eradicate cattle rustling and illicit cross border activities in Eastern African region, working with national governments, international partners and regional organizations.