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30 years on: Has the Beijing Declaration delivered for women?
Former Cabinet Minister Nyiva Mwendwa receives an award from Gender CS Margaret Kobia as former senator Zipporah Kittony looks on in Gigiri, Nairobi, on February 25, 2022. Nyiva was one of the women who attended the Beijing conference.
What you need to know:
Kenya has enacted numerous gender-focused laws, including protections against gender-based violence, employment discrimination, and property injustices, yet enforcement and implementation challenges hinder full gender equality.
Affirmative action funds and education policies have boosted women's economic participation and school enrollment, but challenges persist in career choices, unpaid care work, and job access.
Kenya has committed to addressing gender-based violence through data systems, Policare, and survivor funds, but rising femicide rates demand stronger government intervention and accountability.
This year’s International Women’s Day coincides with the 30th anniversary of the Beijing Declaration and Platform for Action arising from the fourth global conference on women that popularised gender mainstreaming as a strategy for ensuring that women’s and men’s needs and interests are reflected and addressed in all policies, laws and programmes. Anniversaries are important dates to reflect on the past and chart the future. So what is the performance with regard to this instrument?
UN Women recognises that the platform created a fulcrum around which the world took action and realised a number of achievements. First, 193 countries now have legislation protecting women, a massive increase from the 12 that had such laws in 1995. Second, services specifically targeting women and girls, especially on health, legal aid and with reference to gender-based violence (GBV), have expanded. Third, a new generation of feminists has arisen, giving a new lease of life to gender equality activism. Fourth, there has been intense engagement on challenging retrogressive gender norms that justify and perpetuate women’s subordination. Fifth, there is palpable inclusion of women in peace and security issues, following adoption of the UN Security Council Resolution 1325 in 2000, translated into national plans of action.
In terms of inclusion of women in leadership and decision making, Kenya’s Constitution contains progressive provisions but implementation remains a challenge. One concern is the two-thirds gender rule. So far, the Judiciary is leading in respecting this principle with 43 percent to 55 percent of judicial officers being held by women.
The other arms of government are lagging behind. For instance, women constitute 23.2 percent of the National Assembly, 31.3 percent of the Senate, 33.35 of county assemblies, 14 percent of county governors, 35 percent of national cabinet secretaries, 25 percent of regional commissioners and 12 percent of chiefs.
With regard to institutional machinery on gender equality, three agencies stand out. One is the National Gender and Equality Commission, which monitors and reports on performance on gender equality and inclusion. Two is the Kenya National Commission on Human Rights, which has consistently highlighted human rights violations and challenged the government to act. Three is the State Department of Gender, which exists to formulate policy and coordinate gender mainstreaming country-wide. Notably, the stature and placement of this organ keeps changing with every new government, showing ambivalence about its importance.
It is probably at the legislative level that much has been achieved. Beyond the Constitution, Kenya has the following pieces of legislation that address gender from different perspectives: Children’s Act (2001); Sexual Offences Act (2006); Employment Act (2007); Kenya Citizenship and Immigration Act (2011); Prohibition of Female Genital Mutilation Act (2011); Political Parties Act (2011); Land Registration Act (2012); Marriage Act (2014); Matrimonial Property Act (2013); Protection Against Domestic Violence Act (2015); Land Act (2016); Climate Change Act (2016); Election Offences Act (2016); Community Land Act (2016); Health Act (2017); Computer Misuse and Cybercrimes Act (2018); and the Law of Succession Act (2015, Revised 2018).
Under economic empowerment, citable achievements are the National Government Affirmative Action Fund, Uwezo Fund and Youth Enterprise Fund. But their proposed merger makes the future uncertain. There is also the Access to Government Procurement Opportunities, which guarantees 30 percent of all public tenders to women, youth and people with disabilities, although the implementation has its drawbacks.
Education has performed relatively well with gender balance having been achieved in enrolment at primary and secondary school levels. But questions remain on transition, performance and career choice. It is also notable that Gender and Development Studies is now an established area of study in most Kenyan universities, depicting the importance attached to it as a knowledge arena.
As the country moves forward, key gaps remain in legislation on: the two thirds principle with regard to the National Assembly; gender balance in appointive positions; access to and affordability of health care; escalation of HIV prevalence among youth; the opportunity cost of unpaid care work for women; gender imbalance in scientific, technical, engineering and mathematical subjects/careers; teenage pregnancy and resulting dropout; persistent discrimination against women in property ownership and inheritance; and GBV, which is most urgent given the surge in deaths of women and girls from the same.
The African Women’s Development and Communication Network shows that the government committed to a series of actions to address this problem. These included development of a GBV management and information system, scaling up of Policare and establishment of a GBV survivors’ fund through co-financing.
One commitment already achieved is the inclusion of a module on GBV in the 2022 Kenya Demographic Health Survey. Attention to violence against women is urgent and imperative. As captured in human rights discourse, the responsibility to protect lies squarely with the government.
The writer is a lecturer in Gender and Development Studies at South Eastern Kenya ([email protected]).
