Lobbying The Sexual Offences Act 2006 Hon. Njoki S. Ndungu, ebs, mp

Lobbying The Sexual Offences Act 2006

• Hon. Njoki S. Ndungu, EBS, MP.

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

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)

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;”

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)

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

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

The Bill: technical aspects

• Research

• Drafting

• Experts

• Main Challenges: Funding, Time, timing and other resources.

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

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

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

Partnerships & networking

• PARLIAMENTARY COMMITTEE ON ADMINISTRATION OF JUSTICE AND LEGAL AFFAIRS.

• PARLIAMENTARY JOURNALISTS ASSOCIATION

• KENYA WOMEN PARLIAMENTARY ASSOCIATION (KEWOPA)

• COMMISSIONER OF POLICE

• ATTORNEY GENERAL

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,

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

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

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

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.

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!

The Debate

• Release of the Steadman Report

• Workshop for MPs (with survivors)

• Moving the Bill

• Onslaught from an organized opposition

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

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

Challenges

• Expensive

• Labour-Intensive

• Lack of traditional support

• Harmful methods of lobbying – Political/Parliamentary process is more complex than it seems.

THE END.

• THANK YOU.