Lobbying The Sexual Offences Act 2006

1. Lobbying The Sexual Offences Act 2006 Hon. Njoki S. Ndungu, EBS, MP.

2. 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

3. 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)

4. 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;”

5. 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)

6. Parliamentary Process • “Private Members Bills vs Government Bills. • Success Factor on PM Bills – Not good • Hon JM Kariuki 1968 Hire Purchase • Hon. Olo Aringo Parliamentary Service Comm • Hon. Joe Donde Banking Bill • Hon. Eng. Karue Constituency Development Fund • Hon. G.G Kariuki Wildlife Bill All Challenged by the GOK

7. Parliamentary Procedure to get a PMB • Motion to seek permission (debate) • Research and materials • Expense • Queuing in the motions line • Political party sponsorship • Media strategy

8. The Bill: technical aspects • Research • Drafting • Experts • Main Challenges: Funding, Time, timing and other resources.

9. 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

10. 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

11. 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

12. Partnerships & networking • PARLIAMENTARY COMMITTEE ON ADMINISTRATION OF JUSTICE AND LEGAL AFFAIRS. • PARLIAMENTARY JOURNALISTS ASSOCIATION • KENYA WOMEN PARLIAMENTARY ASSOCIATION (KEWOPA) • COMMISSIONER OF POLICE • ATTORNEY GENERAL

13. 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,

14. LOBBYING AND ADVOCACY- strategies • 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

15. LOBBYING AND ADVOCACY- strategies • Workshops to raise awareness on Sexual Violence and the proposed law for • Religious Sector • Private Sector • CJLA • PJA • Editors • Doctors • Police

16. 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

17. 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.

18. 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!

19. The Debate • Release of the Steadman Report • Workshop for MPs (with survivors) • Moving the Bill • Onslaught from an organized opposition

20. 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

21. 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

22. Challenges • Expensive • Labour-Intensive • Lack of traditional support • Harmful methods of lobbying – Political/Parliamentary process is more complex than it seems.

24. SCHEDULE OF OFFENCES AND PUNISHMENTS UNDER THE SEXUAL OFFENCES ACT.

29. THE END. THANK YOU.