Stop Violence Against Women !!!!: KENYA PASSES LAW AGAINST FGM

Tuesday, September 13, 2011

KENYA PASSES LAW AGAINST FGM - FEMALE GENITAL MUTILATION

Kenya has become the latest African country to make female genital mutilation illegal. The practice is still widespread in Africa, despite African Union opposition
Kenya is the most recent African country to ban female genital mutilation, with the passing of a law making it illegal to practice or procure it or take somebody abroad for cutting. The law even prohibits derogatory remarks about women who have not undergone FGM. Offenders may be jailed or fined or both.

Members of the Kenyan Women Parliamentary Association said it was a historic day. Linah Kilimo, its chairperson, said the move would improve school attendance. And Sophia Abdi Noor said:

I have fought for 18 years to achieve this legislation. Today is independence day for women. Men got their independence in 1963 – but today women have achieved independence from the cruel hands of society.

Unicef congratulated Kenya. Its child protection specialist in Kenya, Zeinab Ahmed said:

It is a great day for the girl child of Kenya. FGM is a serious violation of the rights of the child and of women. This bill gives an indication from government it is not just a cultural practice that can go on. The government has taken a bold step and will not tolerate any more violations. I applaud the work of Kewopa, the ministry of gender and the many other partners who have worked tirelessly to ensure that girls are protected from FGM.

Nobody imagines this means FGM will never take place again in Kenya, but making it illegal is a massive step towards changing attitudes and giving strength to those who oppose the practice. Kenya follows a number of African governments in outlawing the practice. According to the Pan African news agency, at the time of the African Union summit in June, which proposed prohibition of FGM, Benin, Ivory Coast, Djibouti, Egypt, Eritrea, Ethiopia, Ghana, Guinea, Niger, Nigeria, Kenya, Central African Republic, Senegal, Chad, Tanzania, Togo and Uganda already had legislation against it.

But in nine countries (including some of those where it is illegal) it is still widely practised. In Djibouti, Egypt, Eritrea, Ethiopia, Guinea, Mali, Sierra Leone, Somalia and Sudan, 85% of women undergo mutilation.

Professor Shirley Randell AO, PhD, FACE, FAIM, FAICD

Convener for International Relations, Rwanda Association of University Women

Director, Centre for Gender, Culture and Development Studies

Kigali Institute of Education (KIE) Rwanda

PO Box 5039, Remera, Kigali, Rwanda

Tel: +250 (0)2 5511 7138 Fax: +250 (0)2 5258 6890 Mob: +250 (0)7 8830 8967

mail@shirleyrandell.com.au www.shirleyrandell.com.au

www.ifuw.org/rwanda www.facebook.com/CGCDKIE

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ABSTRACT

I created this blog as a tool to raise awareness about domestic violence and other forms of violence against women/girls more especially early/forced marriages and the important role that the public can play to address its causes and consequences. I firmly believed that, we need to reduce or stop forced and early marriages from happening in the first place, and to provide help and support to girls who are victims.

The high prevalence of early and forced marriage in my community today results in profound physical, psychological and emotional consequences for affected girls and most often cuts off educational opportunity and chances of personal growth for them. It further results in premature pregnancy and childbearing and potential lifetime of domestic and sexual subservience over which these girls has no control. Factors for early and forced marriages in the community range from economic factors- such as poverty and economic survival to socio-cultural factors such as harmful traditional beliefs including ignorance by perpetuating families.

Despite the limited availability of research and official data on the phenomena, any young woman in my community, like myself, can share her personal story or that of someone they know. Many of us have suffered the same pressure, violation and agony- even for choosing to resist forced marriages. These phenomena is destroying the lives of too many girls and young women in our community and denying them opportunities and rights that they may never have back. It requires urgent and immediate action. My project is a small but an important step in this direction- to mobilize and sensitize parents, girls and the community on the negative implications of this practice, promote community dialogue and action on the issue. Through community outreach/ organizing, training and awareness/ empowerment programs, I seek to work with my community to help reduce the prevalence of early and forced marriages.

THE PROBLEM

Early marriage is a major issue in the community. Most parents force and arrange marriages for their children without their consent and due regard for their rights as human beings. According to Article 6a of the protocol to the African Charter on Human and People’s Right on the Rights of Women in Africa states that, no marriage shall take place without the free and full consent of both parties. This in most cases leads to wife battering and other forms of domestic violence, uncompleted formal education and physical body damage.

Domestic violence remains one of the major consequences of early force and arranged marriages as these girls are caught unprepared and unwilling are hardly able please the men forced on them. For example, there was a couple around my neighborhood, prior to their marriage; they had never met each other even though they were cousins. They happen to be married due to the commitments made by their parents. Unfortunately, the couple never grows to like each other or even love each other. As I get to know them, I learned that both husband and wife were in serious relationships prior to their arranged marriage. They were not only separated from the relationships of their choice, but forced into a marriage they did not decide and with someone they did not choose.

Like many other victims of such practice, their lives have been horrible together. As a neighbor, I witnessed and have intervened in several of their episodes of their fights and violent encounters. They are only an example of the thousands of victims of this practice in the country.

Another key issue with forced and arranged early marriage is the fact that the children especially the girl child almost always has to stop the formal education to get married. Some of these girls are bright students always at the top of their class. But their potential is diminished in order to satisfy their parents’ desire of marrying them out. Only one percent (1%) of the husbands allows and support wives to finish their education and archive their goals.

Forced and arranged marriages do not only deprive them from education but also destroys their body and soul (physical and emotional harm). Because, many of this girls are young teenagers and cannot sustain a full time pregnancy, they consequently face some serious difficulties during pregnancy and child birth with serious long term implications for their physical health.

THE PROJECT

This project is designed as an immediate intervention and starting point for a permanent solution to the problem. It seeks to initiative public dialogue on the issues and engage the community in confronting and ending the practice. It will enable parents and more especially girls to learn and be more educated about the dangers and negative implications of early marriage in general to their lives. It will serve as forum where the community will learned and be empowered about the importance of educating their children and respect their rights.

GOALS

The project goal is to help reduce the number of early forced and arranged marriages in the community.

OBJECTIVES

1. 350- 500 community members will receive direct awareness training on the issue and transfer the knowledge gained to others in their community.

2. Identify and empower girls confronted with the predicament to make informed decision about the right time of marriage and at their own convenient time.

3. Reach out to and provide information to at least 60% of parents in the community about the dangers and negative implications of their impositions early on their children.

EXPECTED RESULT:

The result of this project will be the attitudinal change of the people in the community toward early forced and arranged marriages- an informed citizenry about the negative impacts of early and forced marriages, informed and empowered young .

National, Regional and International Human Rights

Instruments against Early/Forced Marriage

A range of national, regional and international human rights instruments lay down norms to be applied to marriage, covering issues of age, consent, equality within marriage, and the personal and property rights of women. These include:

Article 16 of the 1948 Universal Declaration of Human Rights (UDHR) states:

(1) Men And women of full age … have the right to marry and found a family. They are entitle to equal rights as to marriage, during marriage and at its dissolution.

(2) Marriage shall be entered into only with the free and full consent of the intending parties.

Articles 1, 2, and 3 of the 1964 Convention on Consent to Marriage, Minimum Age for

Marriage and Registration of Marriages state:

(1) No marriage shall be legally entered Into without the full and free consent of both parties, such consent to be expressed by Them in person … as prescribed by law.

(2) States Parties to the present Convention shall … Specify a minimum age for marriage (“not less than 15 years” according to the nonbinding Recommendation accompanying this Convention). No marriage shall be legally entered into by any person under this age, except where a competent authority has granted a dispensation as to age, for serious reasons, in the interests of the intending spouses …

(3) All marriages shall be registered … by the competent authority.

Article 16.1 of the 1979 Convention on the Elimination of All Forms of Discrimination against Women prescribes equally for men and women:

(a) The same right to enter into marriage;

(b) The same right freely to choose a spouse and to enter into marriage only with their free and full consent; … Article 16.2 states: The betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage.

Article XXI of the 1990 African Charter on the Rights and Welfare of the Child states: Child marriage and the betrothal of girls and boys shall be prohibited and effective action, including legislation, shall be taken to specify the minimum age of marriage to be eighteen years .

The 1997 Constitution of the Gambia states: “Men and women of full age and capacity shall have the right to marry and found family.” And that “Marriage shall be based on the free and full consent of the intended parties.

MISSION

To pave way for women and girls to make informed decisions on the right time of marriage and the appropriate choice of getting the right man at the convenient time.

VISION

A better community with active and effective female participation in making decisions on issues affecting their own lives.

comments are welcomed from all readers because sharing our ideas on the issue in hand will make a big difference in the future....TOGETHER WE CAN MAKE A DIFFERENCE!

Tuesday, September 13, 2011

KENYA PASSES LAW AGAINST FGM - FEMALE GENITAL MUTILATION

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Stop Violence Against Women !!!!