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From: IRIN <[email protected]>
Date: Thu, Feb 21, 2013 at 8:37 AM
Subject: Post-election rape survivors sue Kenyan government
To: Elisabeth Janaina <[email protected]>


Post-election rape survivors sue Kenyan government

NAIROBI, 21 February 2013 (IRIN) - Eight survivors of sexual violence
committed in the wake of Kenya's December 2007 general elections [
http://www.irinnews.org/Report/76068/KENYA-Rape-on-the-rise-in-post-election-violence
] have taken the government to court over its alleged failure to
protect them or investigate the crimes committed against them.

The case, which is being heard in the Nairobi High Court, comes just
two weeks before another general election widely seen as a landmark
for Kenya. http://www.irinnews.org/Kenya2013/index.html

"The survivors are suing the government for non-action both in terms
of protecting people from violence during this period [2007-2008] but
also for failing to institute investigations to ensure perpetrators
can be brought to book," Saida Ali, the executive director of the
Coalition on Violence Against Women (COVAW), told IRIN.

Those bringing the case to court include two male victims of sexual
violence and six civil society organizations: COVAW, the Independent
Medico-Legal Unit (IMLU), the Kenyan Section of the International
Commission of Jurists (ICJ Kenya), and Physicians for Human Rights
(PHR).

"Nobody wants to take the responsibility for these crimes. It is not
just about the police but also public health facilities taking the
responsibility to offer care and treatment to those affected," Ali
added.

The current constitution compels the government to provide services
such as counseling, treatment and protection to victims of sexual
violence. But women's advocates say that too often these services are
unavailable.

"The constitution is clear on the role of government in providing
services to victims of SGBV [sexual and gender-based violence]," said
Ali, who estimated that more than 3,000 incidents of sexual violence
were committed after the 2007 election.

Physical and sexual violence against women is commonplace in Kenya,
where it is rarely regarded as a serious crime, according to
Battering, Rape and Lethal Violence, a recent report by the Small Arms
Survey. [  
http://www.smallarmssurvey.org/fileadmin/docs/F-Working-papers/SAS-WP13-VAW-Nairobi.pdf
]

The report attributes this to "low status of women in society,
patriarchal values and power structures focused on male dominance,
discriminatory institutions and implementation of laws, [and] the
absence of a legal framework on intimate partner violence."

"The legal framework on sexual violence is strong but is not always
implemented, and justice remains largely inaccessible, especially for
poor women," Claire Mc Evoy, the report's author, told IRIN.

"We want to, among other things, use the case to compel the government
to set up a special division within the High Court to deal with cases
of SGBV," Ali said.

ko/am/rz


[END]

This report online: http://www.irinnews.org/report.aspx?reportID=97516



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