Dear friends and colleagues in this forum:

On behalf of Amnesty international, I would like to share the latest
report by AI on violence against women in Kenya which we launched in
Nairobi on the occasion of the International Women's Day, the 8th of
March.

The full report is available at:
http://www.web.amnesty.org/ai.nsf/index/afr320012002. It contains a set
of recommendations to the Kenyan authorities, the civil society and the
international community to right the wrongs against women victims of
custodial violence and rape and battering in their homes in Kenya.

Best wishes,

Edna O. Aquino
Coordinator, 2003 Violence Against Women Campaign
Amnesty International
No. 1 Easton St.,
WCIX ODW
London, UK


---------

   Kenya: Rape - the invisible crime

"The Kenyan government has failed in its human rights obligations towards
one half of its citizens and should urgently reform its laws and practices
to end the impunity of those who commit violence against women," Amnesty
International said today in a new report on Kenya.

          The report -- Kenya: Rape - the invisible crime -- looks at
violence, particularly sexual violence, against women and focuses on rape
committed by both security officials and private individuals . It examines
why women subjected to violence are inadequately protected by the law and
why those who commit violence against women continue to operate with
impunity.

          Its conclusion is rather sobering. Every day, women are
physically and sexually abused in all social and ethnic groups all over
Kenya. It is a crime that shocks and traumatizes the victim, and
undermines the status of women in society. Yet, it is largely suffered in
silence.

          Victims of rape often face insurmountable obstacles in trying to
bring perpetrators to justice. Many women who have been victims of rape or
other forms of sexual abuse are too intimidated by certain cultural
attitudes and state inaction to seek redress. To do so can often lead to
hostility from the family, the community and the police, with little hope
of success. Those who do seek justice are confronted by a system that
ignores, denies and even condones violence against women, and protects
perpetrators, whether they are state officials or private individuals,"
Amnesty international said.

          Amnesty International believes that acts of violence against
women constitute torture for which the state is accountable when they are
of such nature and severity envisaged by the concept of torture in
international standards and the state has failed to fulfill its obligation
to provide effective protection, investigation and prosecution.

          "Rape is torture when the state has failed in its
responsibilities to protect, investigate and provide redress to women
victims. The Kenyan government should reform both its laws and practices
to end impunity for violence against women, and to conform with its
obligations under international humanitarian law," Amnesty International
said.

          The government has consistently stated its intention to promote
gender equality through legislation, but has failed to implement
constitutional provisions, failed to incorporate into domestic law any of
the international instruments that it has ratified and that promote and
protect women's rights.

          The Penal Code does not recognize marital rape as a criminal
offence because of the presumption, especially in criminal law, that
consent to sexual intercourse is given by the act of marriage. No legal
challenge to this presumption has been made through the courts in Kenya.
The lesser charge of assault is more commonly used in marital rape cases,
carrying with it a lower maximum sentence.

          "Despite its moral and legal obligations, the government has not
reformed Kenya's laws to make all acts of violence against women criminal
offences, nor has it addressed the discriminatory practices of the police
force, prisons services and court system, It is the failure of the state
to take action against such abuses, whether they are committed by state
officials or private individuals, that allows them to continue and operate
with impunity. The state has a responsibility to take action in order to
protect women from continuing violence, Amnesty International said.

          Among the cases raised in Amnesty International's report are
those of Mary, Agnes and Louise who all have several things in common.
They have each been badly beaten by men in their families. They each say
they have been raped by those men. They have suffered for years with no
prospect of help from the authorities. The police are unwilling to become
involved in cases of domestic violence and are biased against women,
particularly poor women, and there are no state facilities to protect
women fleeing domestic violence.

          While women's achievements are being celebrated all over the
world on International Women's Day today, women who continue to be raped
and beaten and denied their basic rights - whether by state officials or
family members - must not be forgotten.

          "The year 2002 will see both presidential and legislative
elections in Kenya. Members of parliament, voters and women in Kenya
should do everything in their power to make women's rights a top priority
on the election agenda and ensure that candidates are gender-sensitive in
both their policies and attitudes," the organization said.



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