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Kenya Country Report

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Kenya Country Report !"#$%&'()#*+$&,"-(+* .*+"#/*0"#1#/&*0"&2"/%3&4+(*"5*1(#&6+%7"8(+9&:(+&;1+3<&1#& =#>1%?&@%#/3%>"<0?&!"#$%&%#>&21A"+1% STRENGTHENING THE LEGAL PROTECTION FRAMEWORK FOR GIRLS IN INDIA, BANGLADESH, KENYA AND LIBERIA – KENYA COUNTRY REPORT Copyright © International Development Law Organization 2010 International Development Law Organization (IDLO) IDLO is an intergovernmental organization that promotes legal, regulatory and institutional reform to advance economic and social development in transitional and developing countries. Founded in 1983 and one of the leaders in rule of law assistance, IDLO's comprehensive approach achieves enduring results by mobilizing stakeholders at all levels of society to drive institutional change. Because IDLO wields no political agenda and has deep expertise in different legal systems and emerging global issues, people and interest groups of diverse backgrounds trust IDLO. It has direct access to government leaders, institutions and multilateral organizations in developing countries, including lawyers, jurists, policymakers, advocates, academics and civil society representatives. IDLO conducts timely, focused and comprehensive research in areas related to sustainable development in the legal, regulatory, and justice sectors. Through such research, IDLO seeks to contribute to existing Practice and scholarship on priority legal issues, and to serve as a conduit for the global exchange of ideas, best practices and lessons learned. IDLO produces a variety of professional legal tools covering interdisciplinary thematic and regional issues; these include book series, country studies, research reports, policy papers, training handbooks, glossaries and bench-books. Research for these publications is conducted independently with the support of its country offices and in cooperation with international and national partner organizations. Author: Nicholas Okemwa, Children’s Legal Action Network (CLAN) Cover image: © Sheila McKinnon Published by: International Development Law Organization Viale Vaticano, 106 00165 Rome, Italy Tel: +39 06 4040 3200 Fax: +39 06 4040 3232 Email: [email protected] www.idlo.int Disclaimer IDLO is an inter-governmental organization and its publications are intended to expand legal knowledge, disseminate diverse viewpoints and spark discussion on issues related to law and development. The views expressed in this publication are the views of the authors and do not necessarily reflect the views or policies of IDLO or its Member States. IDLO does not guarantee the accuracy of the data included in this publication and accepts no responsibility for any consequence of its use. IDLO welcomes any feedback or comments regarding the information contained in the publication. All rights reserved. This material is copyrighted but may be reproduced by any method without fee for any educational purposes, provided that the source is acknowledged. Formal permission is required for all such uses. For copying in other circumstances or for reproduction in other publications, prior written permission must be granted from the copyright owner and a fee may be charged. Requests for commercial reproduction should be directed to the International Development Law Organization. ABOUT THE PROGRAM In order to gain a deeper understanding of the factors that support or inhibit the enhanced legal protection of girls, IDLO is implementing a two-year research project focused on India, Bangladesh, Liberia and Kenya. In these countries, IDLO aims to compile comprehensive, accurate and strategic information regarding the level of protection afforded to girls in the areas of birth registration, access to education, access to property, child labor, child trafficking, commercial child sexual exploitation, and child marriage. The resulting comparative analysis will provide a basis for informed action in each of the four countries with respect to strengthening domestic legal protection frameworks and the capacity of key protection agents to access justice and enforce girls’ legal rights. PARTNERSHIPS This program is being implemented by the IDLO Unit for Research, Policy and Strategic Initiatives in partnership with local NGOs in India, Bangladesh, Kenya and Liberia: India: HAQ Centre for Child Rights (www.haqcrc.org) HAQ Centre for Child Rights is an organization based in New Delhi, India, dedicated to the recognition, promotion and protection of the rights of children. In pursuit of its mandate, HAQ undertakes research and documentation; is actively involved in public education and advocacy; serves as a research and support base for individuals dealing with children at every level; and provides legal support to children in need. Bangladesh: BRAC (www.brac.net) BRAC is a development organization based in Dhaka, Bangladesh. It is dedicated to poverty alleviation and empowerment of the poor, and manages a range of core programs in economic and social development, health, education, and human rights and legal services. Kenya: Children’s Legal Action Network (CLAN) (www.clan.or.ke) CLAN is a Kenya-based organization working to enhance justice for children by advocating for children and protecting and enhancing children's rights and welfare through the provision of free legal aid and related services. An essential component of CLAN's mission entails working with frontline service providers, including the Government, civil society organizations, families and children. Liberia: Women NGOs Secretariat of Liberia (WONGOSOL)(www.wongosol.org) WONGOSOL is an organization committed to the creation of a vibrant Liberian society by developing and strengthening the role of women’s organizations and groups and enhancing the effectiveness of women’s organizations through proper coordination at all levels to promote peace and security, women’s development, gender equality and women’s human rights. DONOR SUPPORT This research is being supported by the Bill & Melinda Gates Foundation (www.gatesfoundation.org) and the Nike Foundation (www.nikefoundation.org). The findings and conclusions contained within are those of the authors and do not necessarily reflect positions or policies of the Bill & Melinda Gates Foundation or the Nike Foundation. Contents Acronyms II ! Figures and tables III ! Introduction V! Executive summary VIII ! Country profile 1! Birth registration 5! Education 17 ! Property rights 27 ! Child labor 37 ! Child trafficking 48 ! Commericial child sexual exploitation 57 ! Child marriage 67 ! List of conventions 76 ! Related survey findings 77 ! Strengthening the Legal Protection Framework for Girls | I Acronyms Acquired Immune Deficiency Syndrome AIDS African Charter on the Rights and Welfare of the Child ACRWC Central Organization of Trade Unions COTU Child Sex Tourism CST Children Legal Action Network CLAN Community Based Organization CBO Community Child Labor Committees CCLC Convention on the Elimination of All Forms of Discrimination against Women CEDAW Deoxyribonucleic Acid DNA District Child Labor Committees DCLC Early Childhood Development ECD Education for All EFA Federation of Women Lawyers FIDA Female Genital Mutilation FGM Food and Agriculture Organization FAO Gender Parity Index GPI Gross Enrollment Rate GER Human Immunodeficiency Virus HIV International Covenant on Civil and Political Rights ICCPR International Covenant on Economic, Social and Cultural Rights ICESCR International Labor Organization ILO Kenya Institute of Education KIE Kenya Integrated Household Budget Survey KIHBS Kenya National Commission for Human Rights KNHR Kenya National Examination Council KNEC Millennium Development Goals MDGs Ministry of Education, Science, and Technology MoEST National Steering Committee to Combat Trafficking in Persons NSCCTP Orphans and Vulnerable Children OVC Primary Completion Rate PCR Sexually Transmitted Infections STIs The Kenya Education Sector Support Programme KESSP0 United Nations Children’s Fund UNICEF United Nations Convention on the Rights of the Child CRC United Nations Joint Programme on HIV/AIDS UNAIDS Strengthening the Legal Protection Framework for Girls | II Figures and tables Figure 1 Location of birth ......................................................................................................... 7 Figure 2 Is birth registration compulsory? ................................................................................ 13 Figure 3 Age at which daughter left school ............................................................................... 23 Figure 4 Sectors with child labor ............................................................................................. 39 Figure 5 How significant a problem is trafficking for girls in your community?................................ 50 Table 1 Poverty index by constituency ....................................................................................... 2 Table 2 Primary Gender Parity Index by Province: 2001 – 2006 .................................................. 21 Table 3 Primary Completion Rate: 2001 – 2006 ........................................................................ 21 Table 4 If you daughter is not attending school, what is the reason why she left school? ................ 22 Table 5 Reason respondent did not seek to protect her daughter’s property rights ......................... 32 Table 6 Child labor distribution ............................................................................................... 40 Table 7 What is the minimum age for the employment of children?.............................................
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