EFFECTIVENESS OF INSTITUTIONAL FRAMEWORKS IN ADDRESSING
GENDER BASED VIOLENCE IN SELECTED KENYAN PUBLIC UNIVERSITIES
BY
CHAWIYAH OBARA A. REBECCAH
(B.Ed. KU, M.A. Great Lakes University)
A THESIS SUBMITTED TO THE SCHOOL OF POSTGRADUATE STUDIES IN PARTIAL FULFILLMENT OF THE REQUIREMENTS OF THE DEGREE OF DOCTOR OF PHILOSOPHY OF THE FACULTY OF ARTS AND SOCIAL SCIENCES, DEPARTMENT OF GENDER AND DEVELOPMENT STUDIES, KISII UNIVERSITY
OCTOBER, 2018
DECLARATION
1 DECLARATION BY THE CANDIDATE This research thesis is my original work and has not been presented for a degree any other university.
Chawiyah Obara A. Rebeccah ………………………….. ……………………… DIG 10/90035/15 Signature Date
DECLARATION BY THE SUPERVISORS This thesis has been submitted for examination with our approval as University Supervisors.
Prof. Ken Onkware ………………………… ……………………... …….. Signature Date Department of Emergency Management Studies
Masinde Muliro University of Science and Technology
Dr. Grace Koteng’ ………………………………… ……………………………. Signature Date Department of Curriculum and Instruction Kisii University
2 PLAGIARISM DECLARATION
Definition of plagiarism
Is academic dishonesty which involves; taking and using the thoughts, writings, and inventions of another person as one's own.
DECLARATION BY STUDENT
i. I declare I have read and understood Kisii University Postgraduate Examination Rules and Regulations, and other documents concerning academic dishonesty. ii. I do understand that ignorance of these rules and regulations is not an excuse for a violation of the said rules. iii. If I have any questions or doubts, I realize that it is my responsibility to keep seeking an answer until I understand. iv. I understand I must do my own work. v. I also understand that if I commit any act of academic dishonesty like plagiarism, my thesis/project can be assigned a fail grade (“F”) vi. I further understand I may be suspended or expelled from the University for Academic Dishonesty.
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COPY RIGHT
No part of this thesis or information herein may be reproduced, stored in a retrieval system
or transmitted in any form or by any means of electronic, mechanical, photocopying,
recording or otherwise, without the prior written permission of the author or Kisii
University on that behalf. © 2018, Chawiyah Obara A. Rebeccah.
5
DEDICATION
This thesis is dedicated to my husband Dr. John Chawiya and our children Edna; Elvirah;
Andrew; Dr. Allan; Abigael and Jean Grace who have supported me all the way since the beginning of my studies and also the memory of my beloved late parents Mr. Androniko Obara
6 and Mama Grace Kola Obara, who instilled in me the desire; drive and spirit of the determination to follow and pursue my dreams. I, equally, dedicate this piece of conscientiously crafted work to my sisters and brothers who were supportive throughout this period. Finally, I dedicate this thesis to all who believe in the pursuit of knowledge.
ACKNOWLEDGMENT
This study would not have been possible if not for the encouragement, assurance and help I
obtained along the way from the following individuals. First, I thank God for good health,
and peace He granted me during this research. Second, I acknowledge the precious support 7 I received from my two supervisors Prof. Ken Onkware and Dr. Grace Koteng’ whose
critical considerations, constructive inputs, challenging and perceptive comments and
suggestions sharpened my thinking. My special acknowledgement goes to Mr. Alphayo
Ocholla who immensely helped me with data collection and analysis. I, also, would like to
acknowledge my siblings for their encouragement and prayers. I would also like to express
my gratitude to the university members of staff and students who participated in this study.
Thanks to all of you and God bless you.
ABSTRACT
Kenyan, like any other country in the world is plagued by gender based violence (GBV), especially against women and girl children. GBV is seen as a sensitive issue to engage in, is shrouded in silence, data is lacking, which together have all led to complacency and inaction at individual and societal level. Educational institutions in Kenya and elsewhere have suffered in equal measures. Kenya Demographic Health Survey does not capture data on GBV within higher learning institutions of Kenya despite its epidemic scale. Additionally, the implementation of policies aimed at addressing GBV in high learning institutions of Kenya is uncertain. The policy recommends mainstreaming of policies that address GBV at all education levels, establishing modalities 8 for dealing with GBV and developing of a framework for curbing GBV. The current study sought to investigate the effectiveness of institutional frameworks addressing gender based violence in universities in Kenya this is because statistics indicates that cases of GBV are on the rise in Kenyan universities. The specific objectives of the study were to assess the nature of GBV, examine the effectiveness of institutional frameworks in curbing GBV and evaluate the challenges facing university frameworks to curb GBV in selected Public Universities in Kenya. The study adopted a cross-sectional study design and proportionate stratified random sampling approach was be used to select study participants. The study used all the public universities as study population from which five universities were sampled out. Deans of students, registrars in charge of academics, health facility workers, gender department, security department, guidance and counseling department and students were the main informants in this study. Structured questionnaires were administered to a simply random sampled 384 students and 30 purposively sampled members of staff. Both quantitative and qualitative data were analyzed using frequencies and percentages used to assess the nature of GBV and challenges facing institutional frameworks to curb GBV. Correlation was used to examine the effectiveness of institutional frameworks in curbing GBV. The study found out that there are various forms of GBV that exist in public universities. Some universities have institutional frameworks to address GBV issues but they are not effective due to some challenges as found in this study. The findings of this study may guide in the formulation and implementation of institutional frameworks on GBV as it may also address factors that sustain GBV within such institutions with a view to minimizing GBV in Kenyan public universities. The beneficiaries of findings of this study include university students, university managers, policy makers and interested parties in gender studies.
TABLE OF CONTENT
Declaration………………………………………………………………………………… ii Plagiarism Declaration…………………………………………………………………….. iii
Declaration of Number of Words…………………..……………………………………. iv
Copy Right………………………………………………………………………………….v
Dedication…………………………………………………………………………………..vi
9 Acknowledgment………………………………………………………………………… vii
Abstract……………………………………………………………………………………..viii
Table of Contents………………………………………………………………………….. ix
List of Tables……………………………………………………………………………… xii
List of Figures…………………………………………………………………………… xiv
List of Appendix………………………………………………………………………… xv
List of Abbreviations and Acronyms…………………………………………………….. xvi
CHAPTER ONE
Introduction………………………………………………………………………. 1 1.1. Background of the Study………………………………………………………….. 1
1.2. Statement of the Problem…………………………………………………………. 11
1.3. Justification of the Study………………………………………………………….. 14
1.4. Objectives of the study…………………………………………………………… 16
1.5. Research Questions………………………………………………………………... 17
1.6. Assumptions of the Study………………………………………………………… 17
1.7. Scope of the Study………………………………………………………………… 18
10 1.8. Limitation of the Study…………………………………………………………… 18
1.9. Operational Definitions of Terms………………………………………….. …….. 19
CHAPTER TWO
LITERATURE REVIEW…………………………………………………………. 21
2.1. Forms of Gender Based Violence………………………………………………… 21
2.2. Prevalence of Gender Based Violence…………………………………………… 29
2.3. Factors Accelerating Sexual and Gender-Based Violence………………… …….. 35
2.4. Effects of Gender-Based Violence………………………………………………… 39
2.4.1. GBV and psychological effects…………………………………………………… 41
2.4.2. GBV and Reproductive Health Effects……………………………. …………….. 43
2.5. Frameworks to address GBV……………………………………………………... 44
2.5.1. International policy frameworks and legal instruments…………………………... 45
2.5.2. Kenya government policy frameworks and legal instruments on SGBV…………. 59
2.6. Measuring Effectiveness of Frameworks Addressing GBV……………………… 65
2.7. Challenges in addressing GBV…………………………………………………... 68
2.8. Theoretical Framework…………………………………………………………… 71
2.9. Conceptual Framework…………………………………………………………... 79 2.10. Summary of Knowledge Gaps…………………………………………………… 80
11 CHAPTER THREE
METHODOLOGY……………………………………………………………………. 81
3.1. Study Area………………………………………………………………………… 81
3.2. Research Design………………………………………………………………….. 82
3.3. Study Population………………………………………………………………….. 82
3.4. Sampling strategies………………………………………………………………… 83
3.4.1. Sample Size for Public Universities Student……………………………………… 83
3.4.2. Sample Size for Students……………………………………………………….. 84
3.4.3. Sample Size for University Staff Members …………………………………….. 85
3.5. Data Collection and Instruments…….…………………………………….. …….. 85
3.6. Pilot Study……………………………………………………………………….. 87
3.7. Validity and Reliability of the Study……………………………………………… 87
3.8. Research Operationalization……………………………………………………… 88
3.9. Data Analysis and Presentation…………………………………………………… 89
3.10. Ethical Consideration…………………………………………………………….. 90
CHAPTER FOUR
DATA PRESENTATION AND DISCUSSION OF RESULTS………..………..……. 91
Introduction……………………………………………………………………….. …….. 91
4.1. Demographic Information………………………………………………………… 91
12 4.1.1. Age and GBV Prevalence………………………………………………………… 91
4.1.2. Gender and GBV Prevalence……………………………………………………… 93
4.1.3. Marital Status and GBV Prevalence……………………………………………… 94
4.1.4. Religion and GBV Prevalence…………………………………………………… 95
4.1.5. Student Residential Area and GBV Prevalence…………………… ……………. 96
4.1.6. Student Residential Area before Joining University and GBV Prevalence………. 97
4.1.7. Student Academic Year of Study and GBV Prevalence…………………………. 98
4.1.8. Student Year of Employment and GBV Prevalence……………………………… 100
4.2. Forms of GBV in Public Universities in Kenya…………………………………… 101
4.3. Institutional Frameworks and GBV……………………………………………….. 117
4.4. Challenges Facing University Frameworks to Curb GBV………………………… 137
4.4.1. Inaction by Duty bearing Officers…………………………………. ……………... 140 4.4.2. Inability of Health Service Providers to follow the right Protocols when Handling the Survivors………………………………………………………………………….. 142 4.4.3. Communal and Cultural Solution Practices……………………………………….. 144 4.4.4. Inadequate Funding……………………………………………………………….. 149 4.4.5. Corruption………………………………………………………………………… 153
CHAPTER FIVE SUMMARY, CONCLUSION AND RECOMMENDATIONS Introduction……………………………………………………………………………... 158 4.5. Summary of the study findings…………………………………………………… 158 4.6. Conclusion………………………………………………………………………... 161 4.7. Recommendations………………………………………………………………… 161 4.8. Suggestion for further research…………………………………………………… 162 5. References………………………………………………………………………… 163 6. Appendices………………………………………………………………………….178 LIST OF TABLES
13 Table 3.1: Summary of Research Design…………………………………………. 82
Table 3.2: Target Population……………………………………………………….. 83
Table 3.3: Sampling Strategy and Sample Size……………………………………. 85
Table 3.4: Data collection Instruments…………………………………………….. 87
Table 3.5: Data Analysis and Presentation………………………………………….. 90
Table 4.1: Age Range of Students………………………………………………… 92
Table 4.2: Residential places of students before joining university………………... 98
Table 4.3: Year of employment of the students……………………………………… 100
Table 4.4: Causes of GBV as Stated by Students…………………………………… 101
Table 4.5: Causes of GBV as stated by Staff Members……………………………. 103
Table 4.6: Students Responses on existence of various forms of GBV at the university………………………………………………………………………… 105
Table 4.7: Staff Responses on existence of various forms of GBV at the university.. 107
Table 4.8: Nature of GBV experienced by Students……………………………….. 109
Table 4.9: Types of Violence experienced by those who had been GBV victims at the University……………………………………………………………………………. 111
Table 4.10: Identification of common forms of GBV according to both students and members of staff…………………………………………………………………… 115
Table 4.11: Services Provided to University GBV student Victims after reporting to the Authority…………………………………………………………………………….. 119
Table 4.12: Perpetrators of GBV based on the knowledge of the victims…………... 120
Table 4.13: What happened to the Victim during GBV while at the university…….. 121
Table 4.14: University Staff Responses on GBV………………………………….. 122
Table 4.16: University disciplinary committee members’ responses to GBV……… 123
Table 4.16: Information on Policies………………………………………………… 124
Table 4.17: Background of Health Facility………………………………………….. 124
14 Table 4.18: Effectiveness of institutional frameworks in curbing GBV…………… 126
Table 4.19: Chi-square results on effectiveness of the institutional frameworks in curbing GBV……………………………………………………………………….. 131 Table 4.20: Correlation on Mechanisms in Place and Existence of GBV forms……. 132 Table 4.21: Availability of Print Documents and Existence of GBV forms……….. 134 Table 4.22: Legal challenges facing universities in addressing GBV……………… 139
Table 4.23: Challenges facing the Curbing Process of GBV………………………. 140
LIST OF FIGURES
Figure 4.1: A pie chart showing the students gender difference…………………………..93
Figure 4.2: Pyramid showing the students marital status…………………………………..94
15 Figure 4.3: 3-Dimension Cylinder showing the religion of students’ respondents…………95
Figure 4.4: A bar graph showing the residental places of students respondents………. …..97
Figure 4.5: Bar graph showing the frequency of students per academic yaer of study……. 99
LIST OF APPENDICES Appendix I: Accredited Public Universities in Kenya – November 2015……………178
Appendix II: Introduction and Informed Consent………………………………. 179
Appendix III: NACOSTI Permit…………………………………………………… 192
16 LIST OF ABBREVIATIONS AND ACRONYMS ACRWC - African Charter on the Rights and Welfare of the Child
ACRWC - African Charter on the Rights and Welfare of the Child AIDS - Acquired Immune Deficiency Syndrome
AOR - Adjusted Odds Ratio 17 BPFA - Beijing Declaration and Platform for Action CDC - Centre for Disease Control CEDAW - Convention on Elimination of All Forms of Discrimination against Women CIPEV - Commission of Inquiry into Post Election Violence CPC - Criminal Procedure Code
DEVAW - Declaration on Elimination of Violence Against Women DNA - Deoxyribonucleic Acid
DVCs - Deputy Vice Chancellors
FGM - Female Genital Mutilation
FGM/C - Female Genital Mutilation/Circumcision
FIDA - Kenya Federation of Women Lawyers
GBV - Gender Based Violence
GoK - Government of Kenya
GPS – Global Positioning System.
HIV - Human Immune Virus
ICGLR - International Conference on Great Lakes Region IGAD - Inter-Governmental Authority on Development ILO - International Labor Organization IPV - Intimate Partner Violence
KDHS - Kenya Demographic Health Survey
KII - Key Informant Interview
KNBS - Kenya National Bureau of Statistics
KWCWC - Kenya Women & Children’s Wellness Centre NCRC - National Crime Research Centre NGEC - National Gender and Equality Commission SGBV - Sexual Gender Based Violence
18 SOA - Sexual Offences Act
SOPs - Standard Operating Procedures
SRGBV - School Related Gender Based Violence
STIs - Sexually Transmitted Infections
TDHS - Tanzania Demographic Health Survey
TFSOA - Task Force on the Implementation of the Sexual Offences Act
UN - United Nations UN-DEVAW - United Nations- Declaration on Elimination of Violence against Women UNDP - United Nations Development Program UNESCO - United Nations education, scientific and cultural organization UNFPA - United Nations Population Funds UNICEF - United Nations Children's Fund USAID - United States Agency for International Development VAW - Violence against Women WHO - World Health Organization.
19 CHAPTER ONE
INTRODUCTION
This chapter examines the background to the study, the statement of the problem, the research objectives, the research questions, justification of the study, scope of the study, perceived study limitation and conceptual framework.
1.1 Background to the Study
In every known culture, gender is a major category of the organization of cultural and social relations, although specific cultural expectations vary from society to society
(Onkware, 2012). One feature of culture is that its members come to take cultural patterns for granted, thus, culture provides its members with factual knowledge and much of what members believe as true or what they perceive as real, is learnt to the point where it is no
20 longer questioned. Culture provides assumptions that often go unexamined but nonetheless, fundamentally guide our behavior and beliefs.
The term ‘gender’ which is here used to refer to the social and cultural aspects attributed to the biological distinction between men and women is a learned attribute as opposed to the biological trait. One may be born male or female but one learns to become a man or a woman. The fact that one is born male or female does not mean that he or she will become stereotypically feminine or masculine. Femininity and masculinity are cultural concepts that have fluctuating meanings and are learned differently by different members of the culture. They are relative to historical and socio-cultural contexts in which they emerge.
These gender relations manifest themselves in many sectors in human life but its negative aspects such as gender based violence that is worrying. Sexual and gender-based violence
(SGBV), in its various forms, is endemic in communities around the world, cutting across class, race, age, religion and national boundaries (Population Council, 2008).
Gender violence is defined as a harmful act directed at an individual based on his or her sex, usually intended to reinforce related hierarchies and perpetuate inequalities (Benjamin and Murchison, 2004). It is a public problem associated with long-term social, physical and mental consequences (Mash and Terdal, 1997; Campbel et al ., 2002; Black et al ., 2009).
Gender Based Violence (GBV) is violence that is directed against a person on the basis of socially ascribed differences between males and females. Gender based violence (GBV) is a global pandemic affecting especially women and girls in silence in the comfort of their own households (Jennings and McLean, 2005; Perera et al., 2011; Slegh et al., 2014). Any act of gender-based violence that results in physical, sexual or psychological harm or suffering, including threats of such acts, coercion or arbitrary deprivations of liberty, 21 whether occurring in public or private life (UNHCR, 2013) ” is regarded as Gender based
Violence. Further Gender Based Violence also includes economic deprivation and isolation which may cause eminent harm to safety, health and well-being (UNICEF, 2011).
Debate exists on what really constitutes GBV. According to some Onkware (2012) since it is women who suffer the blunt of GBV it has been wrongly attribute to them. The majority of those affected by GBV, in particular intimate partner violence, are women and girls.
Worldwide, almost half (47%) of all female victims of homicide in 2012 were killed by their intimate partners or family members, compared to less than 6% of male homicide victims (UNODC 2013). According to EU-wide data, 67% of physical violence and 97% of sexual violence perpetrated against women is committed by men (FRA 2014). This fact is also confirmed by research from the region. For example, a study from Moldova shows that the perpetrators of violence against women are often family members, the overwhelming majority being husbands or former husbands (73.4%), followed by fathers or stepfathers
(13.7%) (UN Special Rapporteur VAW 2009). However, GBV affected both side of the spectrum (Onkware, 2012). It is estimated that 35 per cent of women worldwide have experienced either physical and/or sexual intimate partner violence or sexual violence by a non-partner at some point in their lives. However, some national studies show that up to 70 per cent of women have experienced physical and/or sexual violence from an intimate partner in their lifetime.
Gender-based violence (GBV) was first recognized as a problem in institutional settings when feminist activists in the 1970s were trying to address the unwanted sexual attention faced by women in the workplace (Friedman et al., 2011).
22 The various forms of GBV include but not limited to acts that results in or are likely to result in physical, sexual and psychological harm or suffering, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life
(Perera et al., 2011; Chege, 2012; KWCWC, 2012). It encompasses sexual violence, domestic violence, sex trafficking, harmful practices (such as female genital mutilation/cutting), forced/early marriage, forced prostitution, sexual harassment and sexual exploitation. Damning reports from elsewhere points that GBV is perpetrated by intimate partners and family members to strangers to institutional actors such as police, teachers, lecturers and soldiers (Itegi, 2013; Perera et al., 2011; Chege, 2012).
There is an increasing focus on sexual violence in higher education in the UK. A growing body of research suggests that experiences of sexual harassment and violence are widespread in university communities (Phipps and Young, 2013). Recent research also suggests that institutional knowledge and action to tackle sexual harassment and violence
(often described as ‘lad culture’) is sparse, with most university led initiatives adopting a reactive and, often, punitive approach (Jackson and Sundaram, 2015). Violence prevention initiatives in higher education are not yet well-developed. However, increasing attention is being given to how to ‘tackle’ or ‘challenge’ sexual harassment and violence in universities.
In the United States, research about sexual violence on campus goes back into the 1950s
(Kanin, 1957; Kirkpatrick and Kanin, 1957). Many more studies have followed (Fisher,
Daigle and Cullen, 2010), and successive waves of rape prevention programmes have been rolled out on campuses across the country. The US Congress has weighed in with federal legislation, the White House took on the issue in 2014 and media reporting of campus sexual assault scandals has soared. Yet, the problem continues. 23 Since the turn of the millennium across the UK, increased public and political awareness of the nature, extent and impact on women of all forms of gender based violence (GBV) has led to a significant expansion of the national policy framework and of funding for GBV prevention and specialist service provision. GBV occurring in higher education contexts has also gained attention among researchers, the government, the media and higher education institutions (HEIs) in recent years (see for example, National Union of Students
(NUS) 2011, 2012; Jackson and Sundaram, 2015).
In the UK although laws do exist to protect women from violence against women and girls
(VAWG) on campus, they are rarely used by survivors and routinely ignored by the institutions. There have been very few cases in this area, making legal analysis difficult but this chapter looks at the existing law and how it could be used more to bring about much- needed change in the accountability of universities and respect for women’s rights. The very small number of cases to date reflects both the cultural and legal landscape as well as the difficulties women face in bringing such cases. In recent years, universities across the
UK have begun exploring, developing and testing bystander approaches to tackling violence against women and girls (VAWG). Differing in their approaches, the programmes are underpinned by a belief that sexist social norms are at the root of violence and that by utilizing social marketing techniques and prevention education programmes, aimed at non- perpetrating men, social norm change can occur. By engaging with men as allies, bystander programs aim to create positive social environments, upskilling men and women and supporting them to challenge peers engaged in sexist behavior.
A report by Dunkle et al., (2004) on the prevalence and patterns of gender-based violence and re-victimization among women attending antenatal clinics in Soweto, South Africa 24 revealed that the prevalence of physical/sexual partner violence was at 55.5%, adult sexual assault by non-partners at 7.9%, child sexual assault at 8.0% and forced first intercourse at
7.3%. According to Zambia Demographic Health Survey (2013 - 14) 47% of women reported that they have experienced either physical or sexual violence and 30 percent have experienced physical violence only. In the 2013-14 Zambia Demographic Health Survey women were also asked whether there were instances when they initiated violence against their husbands. Overall, 9 percent of women reported that they had initiated physical violence against their husbands, and 5 percent had done so in the past 12 months.
The 2010 Tanzania Demographic Health Survey (TDHS) Report it emerged that about 44% of the ever-married women aged 15-49 experienced physical or sexual violence by an intimate partner. Of these, 39% of the women had ever experienced physical violence while
20% reported having experienced sexual violence (Turan et. al, 2012).
Gender violence in Kenya has been systematically increasing over the years consistent with the earlier reports (Saidi et al ., 2008). These crimes peaked in the year 2008, consistent with the post-election violence in Kenya. The sharp rise in the first half of 2010 may be associated with the political events preceding the Kenyan referendum. Political instability and other societal issues seem to contribute to violence against women. This violence is however not recognized as a public health problem in Kenya. All efforts should be made to recognize this violence as of public health concern in Kenya and control it accordingly.
In Dobash’s (1992) study, women were violated nine times more than males. This is consistent with prevailing literature by Heise et al . (1994). Violence against women is grounded in power imbalances between men and women and is caused and perpetuated by factors different from violence against men. As such, it must be analyzed and addressed
25 differently. Almost 10% of the victims were males. This is comparable to 22% from South
Carolina (Coker et al., 2002). Shame and stigma associated with rape, and masculinity may have made males reluctant to seek help (Mezey and King, 1989; Jones et al ., 2009). These findings however imply that efforts to mitigate gender violence should also target males.
Gender violence in Kenya is often sexual. Sexual assault occurs often in females across all age groups worst in the second decade of life. This is consistent with the widespread reported sexual violence against females (McCann and Kerns, 1999; Kimuna and Djamba,
2008). Therefore younger women are vulnerable and should be protected. In conclusion, gender violence in Kenya is predominantly sexual, against females, but with a substantial number of male victims. It occurs mainly in under 30s, and most perpetrators are known.
Control measures should be targeted to young individuals of both genders.
In Kenya, cases of GBV have been reported (Friedman et al., 1990; Chege, 2012; Itegi and
Njuguna, 2013; KNBS; 2015). In July 1991, nineteen schoolgirls died and 71 others were raped at the hands of male schoolmates in a Kenyan Catholic secondary school (Friedman et al., 1990). Chege (2012) acknowledged that while males in the same institutions may experience comparable GBV from women or even other men, proportionately more women than men suffer GBV and that its consequences results in relatively greater devastating effects for women. Arguably the relatively free atmosphere at institutions of higher learning that has minimal restriction on dating, partying and mating presents unprecedented risks, which most women students tend to take for granted and which their male peers also take advantage of to practice masculinities characterized by pervasive sexual violence such as rape, harassment, stalking and verbalized sexual abuse (Leah et. al, 2016).
26 According to the Kenya Domestic Household Survey (KDHS) 2014, 38 percent of women aged 15-49 reported physical violence and 14 percent reported having experienced sexual violence. Statistics indicate that in 2013, the Kenya Police Service received 3,596 defilement cases; 913 of rape; 242 of incest and 124 of sodomy. However, the KDHS
Health report cites 5,143 cases of GBV from 131 sites across the country. Out of these, the most affected are girls aged between 12-17 representing 41 percent of survivors followed by women aged 18-49 who make up 32 percent. Girls living with disabilities have not been spared by perpetrators of GBV and they represented one percent; while women over 50 years accounted for three percent. However, it was girls below 11 years who shockingly accounted for 24 percent of GBV survivors.
The Kenya Demographic Health Survey only collects data on domestic violence; that is violence meted against ever-married women and men (KNBS, 2015). The data is usually collected in confidence within the confines of the victims’ households and if privacy cannot be ensured then the interview in most cases is avoided (KNBS, 2015). According to KDHS
(2014), on average 35.54% of those interviewed reported experiencing GBV at one time in their life. On 8th January 2016, National Gender and Equality Commission of Kenya issued a press release condemning the attack of one Ms Fatuma Ibrahim by her husband in
Wajir County (NGEC, 2016). From literature the data is usually restricted to household level and so it is glaring that institutional GBV data is never captured during such KDHS data collection cycles hence the nature of GBV in institutions of higher learning such as universities is uncertain and the effectiveness of institutional frameworks to curb GBV in universities in Kenya is never evaluated consequently unknown. Additionally the challenges facing the institutional frameworks to curb GBV in universities in Kenya are not
27 clear. The current study therefore proposes to investigate the effectiveness of institutional frameworks to curb GBV in universities in Kenya. Research on GBV in higher learning educational institutions need to be conducted and reported routinely owing to the category of young adults who are involved or who are victims. This is due to the fact that the young women and men who make large populations in higher learning institutions are young and are entering a critical stage of their life where social freedom is granted for the first time after almost one and a half decade of restrictive school and home environments with watchful eyes of teachers and parents (Penn State University Report, 2012). GBV at higher learning institutions takes forms that are slightly different from those of domestic violence.
Nationally, cases of SGBV are reported almost daily in the media. The extent of the vice is of high magnitude and calls for urgent measures to curb it. In 2006,the Sexual Offences Act of Kenya (SOA) came into effect and among its highlights are penalties for rape, attempted rape, sexual assault, compelled or induced indecent act, gang rape, sexual offences relating to position of authority and persons in position of trust; and deliberate transmission of
HIVAIDS or any other life threatening sexually transmitted diseases.
The SOA (2006) considers the following forms of sexual offences as criminal: Rape (in the case of adults) and defilement (in the case of children); Attempted rape, sexual assault, incest, attempted defilement, gang rape, indecent act with child or adult, promotion of sexual offenses with a child, child trafficking, child sex tourism, child prostitution, child pornography, exploitation of prostitution, sexual offences relating to position of authority and persons in position of trust, deliberate transmission of HIV or any other life threatening sexually transmitted disease, administering a substance with intent to commit sexual offense and indecent act such as unlawful intentional contact between the genital organs of
28 a person, his or her breasts and buttocks with that of another person, exposure or display of any pornographic material to any person against his or her will. In the Criminal Law
Amendment Act, which came into effect in July 2003, men and boys were brought into the bracket of persons who require protection against sexual abuse. Penalties for sexual offences have been made stronger.
Many Kenyan universities have codes on conduct that govern how students relate to each other and the offences that would amount to gender based violence. Kenyatta University
Employment Code of Conduct and Ethics highlights the issue of sexual harassment and abuse. It gives guidelines and general rules of conduct to be observed by University employees so as to maintain and uphold the dignity of the University office to which he/she has been appointed. The student Code of Conduct also gives guidelines on how to deal with all other forms of student offences but does not make any mention of how to deal with
SGBV. Progress towards achieving gender equity in education has been steady, but universities have lagged behind primary and secondary schools. According to the 1999 census data, Kenya attained gender parity for the group of children aged 6-9 years attending primary school and reduced the gender gap in upper primary school and secondary school enrolments. Consequently, the University of Nairobi created a committee that developed a gender policy in 2008; to take account of emerging issues, the policy provided for a review every five years.
Kenya has 53 universities, and the number keeps growing. Out of the 240,550 university students in Kenya (as of 2013), 116,115 are female. Despite the large numbers, universities have inadequate safety measures to protect the university members from GBV. There is a
29 clear research gap on sexual and gender based violence in Kenyan universities as sexual assault and sexual harassment in universities remains largely understudied, unreported and unpunished.
1.2 Statement of the Problem
Gender Based Violence is a contravention of human rights and is against Beijing
Declaration and Platform for Action (Beijing Declaration and Platform for Action, 1995) and also against the Kenya Constitution 2010 that entrenches gender equality in all spheres of life. Gender based violence have a multitude of direct effects on the victim, especially the female gender and indirect effects on members of the nuclear family of the victims but also on their friends, relatives, community and the society the world over. The effects could range from physical, emotional to psychological discomfort and even death.GBV threatens the family fabric; children suffer emotional torture when they watch their mothers and sisters being violated. This may lead to a breakup of the family unit/homes, leaving the female heads of households to struggle against increased poverty and negative social repercussions. GBV is very much linked to HIV infections and spread. GBV may have detrimental effect on school performance of a student and even work performance by staff.
Despite the existence of institutional frameworks addressing GBV in higher educational institutions in Kenya, reports indicate that GBV against women is on the rise (GoK, 2013).
The report shows that in 2010, twenty cases of GBV were reported in higher institutions of learning in Kenya. The report further indicates that there were increases of such cases in
2011and 2012 with each year reporting 23 and 34, respectively. Such a trend is not in the spirit of woman and girl child empowerment and does not hold the principles of national and international values that Kenya as a Government is committed to. For instance, an 30 article reported by an organization calling itself I Choose Life Africa –Masinde Muliro "girl to girl" group 2011, highlighted a rise in GBV cases. According to KNBS and ICF macro
(2010), 43% of 15 - 49 year old women reported having experienced some form of gender - based violence in their lifetime, with 29% reporting an experience in the year preceding the survey; 16% of women reported having ever been sexually abused, and for 13%, this had happened in the year preceding the survey (KNBS and ICF Macro, 2010). The Kenya
Demographic Health Survey (2008-09) showed that almost half (45 percent) of women aged 15-49 have experienced either physical or sexual violence. The 2011 police crime report documented 2,660 cases of defilement and 130 cases of sodomy (KNBS and ICF
Macro, 2010).
A survey in 2012 by CDC and allies as reported by 18 to 24 year old revealed worrying levels of violence against children prior to age 18. Approximately 32% of females and 18% of males had experience sexual violence. A total of 66% of females and 73% of males had experienced physical violence and 26% of females and 32% of males had experience any form of violence as a child. About 13% of females and 9% of males experienced either sexual violence or physical violence during their childhood. The recent report by KNBS and ICF Macro (2015) on average 35.54% of those interviewed reported experiencing GBV at one time in their life.
According to National Crime Research Centre (NCRC) (2014) since 2001 to 2014, there had supported over 21,341 survivors of GBV, of whom 56% were women, 36% girls, 3% men and 5% boys. The Centre also reported that in Kenya, 45% of women aged between 15 and 49 years have experienced either physical or sexual violence; and one in five Kenyan women (21%) has experienced sexual violence. The findings by NCRC, (2014) corroborate
31 the high prevalence of sexual violence against the female gender as reported by Federation for Women Lawyers (FIDA, 2011). On 8th January 2016, National Gender and Equality
Commission of Kenya issued a press release condemning the attack of one Ms Fatuma
Ibrahim by her husband in Wajir County (NGEC, 2016).
Many universities have frameworks in place but they admit that they are not effective. For instance, although Kenyatta University has documents that outline the regulations governing the conduct of members of the University community, such documents lack depth for dealing with SGBV. As a result, many cases of the vice have not been reported and even when they are, the perpetrators have not been dealt with effectively. According to the university Gender Policy the University community is made up of people from diverse cultural backgrounds hence the need for a comprehensive policy, which will provide colleges, departments and sections with procedures to be followed when incidences occur.
Due to the nature of SGBV and the stigma attached to the vice, many cases go unreported due to fear and embarrassment. Some female students suffer in silence due to fear of failing examinations. Although the Students Guide prohibits use of drugs and alcohol, many rape cases in students halls have been due to rampant use of the two substances. Previously, many student perpetrators have appeared before the University Disciplinary Committee, but they have not been dealt with appropriately. They are usually given lenient penalties which cannot deter other would-be offenders. Some staff members have also been accused of sexually exploiting and oppressing students and other members of the University community but the machinery of disciplining offenders has been lenient and no appropriate action has been taken against such officers before the policy came into existence. There have been reports in the electronic and print media on the existence of “Sexually
32 Transmitted Grades” (STG) in public universities. Such reports reveal the existence of relationships between male lecturers and female students. Cases of female members of staff harassing male students have also been reported. Various categories of persons have been identified as harassers including students, teaching and non-teaching staff and visitors. At
Kenyatta University, cases of SGBV are not uncommon. Concerns over the incidences of sexual harassment have risen based on various complaints received by the University administration and the office of the Dean of Students from female students over violence against them by male students and lecturers. Complaints of female students and lecturers sexually harassing their male counterparts have also been received. Various factors have been identified to cause SGBV. These include: financial problems, ignorance, lack of empowerment and cultural attitudes. Female students from poor families have become
“wives” to their male counterparts as a survival technique. Moreover, some students have also fallen prey to members of staff with the promise of cash rewards. Therefore, this policy will provide the University with a comprehensive procedure for dealing with any case of SGBV.
The rise in GBV cases is a testimony that effectiveness of university frameworks in addressing GBV cases is worrying. Even though there is evidence on the existence of GBV in Kenyan universities, scanty research has been done to investigate the effectiveness of institutional frameworks in addressing GBV in Kenyan universities.
1.3 Significance of the Study
Recent report indicates that GBV in universities is on the rise. According to GoK (2013), in
2010, 20 cases of GBV were recorded in institutions of learning in Kenya. The report also
33 indicates that the number increased from 20 to 23 and 34 in the years 2011 and 2012, respectively. There is therefore need to investigate why this is the case when there are institutional frameworks in the universities meant to address GBV.
Prevention and response to GBV in the public universities is addressed in the Education
Gender Policy (GoK, 2007). The policy recommends mainstreaming of policies that address GBV at all education levels; establishing modalities for dealing with GBV including harassment; developing of a framework for co-ordination of stakeholders involved in efforts of providing a safe learning environment; and developing and implementing clear anti-sexual harassment and anti-gender based violence policies at all levels in the Ministry of Education and all educational institutions.
The Government of Kenya developed a National Plan of Action to Aid the Implementation of the National Framework towards Prevention and Response to Gender Based Violence in
Kenya (NGEC, 2014). This is a document that is aimed at guiding national institutions including those of higher learning in the implementation of National Framework towards
Prevention and Response to Gender Based Violence in Kenya.
University administration is one of the duty bearers in ensuring the implementation of the national framework towards prevention and response to GBV, however, NGEC acknowledges that there are challenges and gaps in frequency of reporting and availability of essential data for evidence-based programming as well as lack of comprehensive GBV monitoring and evaluation framework. It is therefore not certain whether universities in
Kenya report the nature of GBV in their institutions and highlight the challenges associated with the implementation of National framework towards prevention and response to
Gender Based Violence in the context of their institutions.
34 This study found out that there is high prevalence of GBV in the selected Public
Universities in Kenya, the institutional frameworks in curbing GBV were found to be ineffective and that the challenges facing universities in addressing GBV were noted to be on the path of curbing GBVs in most sampled universities. The study noted with great concern that it is one thing to have the institutional frameworks and it is another thing to implement them. By conducting and contextualizing on GBV at universities, it will help to critically examine forms of GBV in public universities in Kenya and across the region. The study will be able to identify challenges that university authorities face in their effort to implement GBV prevention programs. Survivors of GBV can come up with forum to discuss their experiences of GBV and strategies to prevent re-occurrence of such violence to themselves or other associates. Results from this kind study can be used to develop university based comprehensive approaches and programs or policies to address GBV in
Kenyan universities. GBV is a vice that come with different influences both to the victim and the perpetrators, these may be physiological, psychological, mental and legal challenges. Most of these challenges may influence students’ academic outcomes negatively. This may further lead to jailing the perpetrators, university drop out by the victims, sicknesses and poor performance among the students (Ahern et. al, 2011).
1.4 Objective of the Study
The overall objective of the study is to investigate the effectiveness of institutional frameworks to curb GBV in universities in Kenya.
1.4.1 Specific objectives of the Study
To achieve the above objective, the following specific objectives were adopted. 35 i. Assess the nature of GBV in selected Public Universities in Kenya. ii. Examine the effectiveness of institutional frameworks in curbing GBV in selected Public
Universities in Kenya. iii. Evaluate the challenges facing university frameworks to curb GBV in selected Public
Universities in Kenya.
1.5 Research Questions
1. What is the nature of GBV in public universities in Kenya?
2. What is the effectiveness of institutional frameworks in curbing GBV in public universities in Kenya?
3. What are the challenges facing the institutional frameworks to curb GBV in public universities in Kenya?
1.6 Assumptions of the Study.
The first assumption was that the victims of GBV would not give correct reflection of their experiences since this is a very sensitive issue. The second assumption was that all the universities had frameworks addressing GBV. The third assumption was that the relevant university office would willingly give information related to GBV.
1.7 Scope of the Study
The study covered all the public universities from which five universities were selected.
Within the public universities the main informants were deans of students, registrars’ academics, health facility workers, gender department, security department, guidance and 36 counseling department and their members of staff. Gender, guidance and counseling, and deans of students departments are directly in contact with addressing psychological effects of students. Specific areas of study were forms of GBV; potential causes of the GBV; individual experience of GBV from an intimate and a non-intimate person; university management; university disciplinary committee and university health facility’s response to gender-Based Violence. Finally the study assessed the challenges facing the University in the implementation of GBV prevention policies.
1.8 Limitation of the Study
GBV is an emotive area of discussion and survivors of GBV may not be motivated to engage in post recovery dialogue. Consequently survivors may not be willing to participate in the study since it may elicit previous memories of violation leading to psychological relapse. However, this limitation was over-came by assuring study participants that their confidentiality maintained and that the study is purely for academic purposes.
Cultural and religious diversity of university students and staff may also pose as a challenge. Some religions do not allow discussions on issues to do with sexual experience and so posing questions on areas of sexual experience may prove challenging. This second challenge was over-came by not identifying participants by their religion and avoiding questions that boarder on cultural practices.
37 1.9 Operational Definition of Terms
Domestic Violence - This is the use of force or threats by a member of the opposite sex to coerce or intimidate the other gender into submission. The violence can take the form of pushing, hitting, choking, slapping, kicking, burning or stabbing.
Gender - This refers to the socially and culturally constructed differences between males and females; as distinct from sex which refers to their biological differences. The social constructs vary across cultures and time.
Gender - Based Violence (GBV) - GBV includes a variety of acts of violence committed against either gender because of their biological orientation. It includes sexual violence, intimate partner or spouse abuse (domestic violence), emotional and psychological abuse, sex trafficking, forced prostitution, sexual exploitation, sexual harassment, harmful traditional practices and discriminatory practices based on gender.
Human trafficking - the recruitment, transportation, transfer, harboring, or receipt of persons, by means of threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.
Intimate partner violence - “any behavior within an intimate relationship that causes physical, psychological, or sexual harm to those in the relationship.
Rape or forced sex - This is a form of sexual violence defined as physically forced otherwise coerced penetration of the vulva or anus using penis or other items by another person either of the same or opposite gender.
38 Sex - sex refers to the biological differences between males and females.
Sexual harassment - Unwanted acts of sexual nature that cause discomfort to the harassed.
They include words, persistent request for sexual favors or dates, gestures, touching,
uninvited sexual overtures, coerced sexual intercourse and rape.
Sexual violence - any sexual act, attempt to obtain a sexual act, unwanted sexual
comments or advances, or acts to traffic, or otherwise directed, against a person’s sexuality
using coercion, by any person regardless of their relationship to the survivor, in any setting,
including but not limited to home and work.
Stalking - means engaging in a course of conduct directed at a specific person that would
cause a reasonable person to (A) fear for his or her safety or the safety of others or (B)
suffer substantial emotional distress.
CHAPTER TWO
LITERATURE REVIEW
Introduction
39 This chapter presents key research issues, controversies in literature and gaps that emanate from a very broad literature search from published and unpublished empirical sources. It not only discusses the current state of research but also conceptualizes in depth the key variables of the present study that is, GBV. These include nature of GBV, institutional frameworks and challenges faced in the process of curbing GBV.
2.1. Forms of Gender Based Violence
According to Salkind, 2004) gender based domestic violence involves men and women and usually results in physical, sexual, or psychological harm or suffering to the victims. It also includes threats of such acts, coercion or arbitrary deprivation of liberty. A study from World
Health Organisation (1996) indicates that between 16% and 52% of women worldwide are physically assaulted by an intimate partner at least once in their lives. In addition, according to the Inter-American Development Bank's special report on domestic violence in 1999, gender based violence results in direct loss of money due to health care, police, court costs and productivity. Besides financial losses, gender based violence has also been identified as a contributory factor to maternal mortality rate by 55 percent (UN, 1991). Further, the World
Health Organization in 1996 documented that, among women aged 15-44 years, gender violence often leads to death and disability. In addition, studies in India, Bangladesh, the USA, Papua,
New Guinea and Peru indicate a high correlation between domestic violence and suicide rates
(WHO, 1997).
Statistics published in 1997 by the World Health Organization on studies conducted in 24 countries in America, Europe and Asia revealed that between 20% and 50% of the women interviewed reported that they suffered physical abuse from their male partners. More over, according to an international report on the status of women in 140 countries, the number of 40 women reporting physical abuse by a male partner during the period 1986-1993 was 21% to 60%
(Van, Volavka & Johnson, 2012).
Besides, a study done in South Africa showed that one adult woman out of every six is assaulted regularly by her mate. In at least 46% of these cases, the men involved also abuse the women's children (Turan & Hatcher, 2012). In addition, a study in northern Nigeria found that 16% of female patients seeking treatment for STDs were children under the age of five and 10% of these were cases of incest (The Sphere Project 2011)
According to the Centers for Disease Control (CDC, 2004) in the United States women experience about 4.8 million intimate partner related physical assaults and rapes each year. Men are the victims of about 2.9 million intimate partner related physical assaults each year. Intimate partner violence resulted in 1,544 deaths in the United States in 2004. Of these deaths, 25% were male and 75% were female. In Kenya, according to Kenya National Bureau of Statistics
(KNBS), 39% of women aged 15-49 years have experienced physical violence, with almost one in four women (24 %) experiencing such violence in the 12 months before the survey Many factors have been linked to a man’s risk of physically assaulting an intimate partner, including: young age, low income, low academic achievement and involvement in aggressive or delinquent behaviors an adolescent. A history of violence in the male partner’s family (particularly having seen his own mother beaten or having experienced violence as a child) and growing up in an impoverished family are also important factors related to perpetrating partner violence (Martin et, al, 1999).
Many studies find excessive alcohol use to be strongly associated with perpetrating partner violence, though there is debate as to whether heavy drinking causes men to be violent or
41 whether it is used to excuse violent behavior. Certain personality factors - including insecurity, low self-esteem, depression and aggressive or antisocial personality disorders - are linked to partner violence, as are factors such as discord or conflict in the marital relationship (Smith &
Fincham (2008) .Women are particularly vulnerable to abuse by their partners in societies where there are marked inequalities between men and women, rigid gender roles, cultural normsthat support a man’s right to inflict violence on his intimate partner, and weak sanctions against such behavior.
GBV, particular against women, is a global concern (UNFPA, 2012). This UN report argues that
GBV is one of the most severe expressions of unfair of gender relations. It further claims that it is a violation of human rights which affects economic culture, religion and sexual aspects of the victims. This report further argues that it is not easy to attain gender quality where GBV occurs.
GBV is a threat to democratic development, economic growth and peaceful coexistence. If citizens are not saved, they cannot fully participate in the development in their society. The report concludes that there is correlation between sustainable development and GBV; that is, research has shown that the most developed countries; there is less evidence of GBV.
The view that GBV is a violation of human rights (Shai et. al, 2015) is reflected in many international agreements such as the Convention on the Elimination of all forms of discrimination against women (CEDAW) and UN fourth world conference on women in Beijing in 1995. Those two convections recommended the strengthening of the legal and policy frameworks to minimize GBV.
According to Scully (2013), both legal systems and policy frameworks have often failed to notice the disaster of GBV against women in public institutions of learning. Because domestic violence and dangerous traditional practices have frequently been viewed as secrete issues that 42 are may not be within the justice. It is expected that laws and strategies can enable the basis for a harmonized and inclusive approach to deal with GBV in the societies. It is one of thing to have and it is another thing to implement them. Many laws and policies GBV are currently ready in several nations but implementation is still wanting. According to Scully, actions to reinforce effective implementation of the laws should take into consideration the training of officials involved in handling cases of GBV, the setting up of mechanisms for checking and effective evaluation as well as being responsible and good management. It also involves entrusting sufficient human and financial resources in the process of curbing GBV.
Other authors like Saunders et. al (2009) argues that GBV can better be minimized if international human rights standards and policies are aligned. Once laws are in their right position, they put across a strong significant message that GBV is not acceptable in the society and that it is the right of all individuals to in a GBV free environment.
The South African council of Educators (2011) recommends a strategy that is ensuring good care for both women and children who experience GBV and may need private discussion spaces, written policies and procedures for dealing with cases of GBV, mechanisms that facilitates required care, access to contraception under urgent situations, and a prioritizing the utilization of resources in the community.
The council further recommends that offices dealing with gender should be situated within institutions where students can easily get access and a contact should be publicly available to all students; the directors in charge should also directly supervise the processes and implementation strategies. This office should provide services like investigations and coordinating the corrective process involved in GBV misconduct, grievances against university students while in and outside the university. According Tauchen & Witte, (2012) this office
43 should enable students who report complaints against employees of the university but also serves as a vital resource to sustain and avails assistance to all university students who victims of GBV or they have been allegedly accused of being GBV perpetrators. The office should serve as mechanisms through which GBV victims get assistance. The office should be well staffed so as to handle the many cases that may be reported (Sultana et. al, 2011).
The staff in this office should not only be professional but also ethical in their dealings with the victims of GBV (Kenneth, 2012).
The officers involved should also provide guidance and counseling for GBV perpetrators, those who have reported cases or complainant as well as faculty, departmental or staff responses. Finally, while working with individual students, the officers should involve the university community at large through educating the students, in service training for faculty, and departmental staff. By training students as well as others about the GBV related Policy, they lift up standards of the community while establishing the best policies based on GBV.
This issue is found in many countries; furthermore, the information on GBV against women is incomparable since it is believed to be private matter. GBV on its own is of philosophical dispute since there is no commonly agreed definition.
According to Friedman (2011), violence among university students is dramatically increasing in Pace university in New York in the 21st century (Friedman, 2011). Perhaps what is not alarming is that these violent acts are not only occurring on the residential hostels, in broad day light, but in the university system as well. This is what calls
Institutional GBV which includes physical and verbal attack on a person while on the institutional ground or on the institutional property.
According to Euromed, (2011), 24 percent of the female university students in University of
44 Ibadan in Nigeria have been reported being victims of sexual abuse (Euromed, 2011).
According to Turan (2015), attempted and successful rape was among the challenges facing the female university students in their hostels in Rift valley University College – Ethiopia
(Turan). This is happening when there was public awareness and concern about this, but many families and schools felt helpless to bring about change. Both male and female respondents in this study identified young girl’s general behavior as a cause of the GBV between them and their male counterparts.
According to a GBV survey conducted in 6 countries, which included Zambia, Lesotho,
Zimbabwe Botswana, South Africa and Mauritius. The highest incidence of GBV was in Zambia with 89% of those women surveyed in Kasama, Kitwe, Mansa, and Mazabuka reported having experienced or been victims of Gender Based Violence. In the same survey, “86 percent of women in Lesotho, 68 percent of women in Zimbabwe, 67 percent of women in Botswana, 50 percent of women in the some provinces of South Africa studied and 24 percent of women in
Mauritius have experienced GBV” (Sendo, 2015). The foregoing is confabulated with a study by
CARE (2013) which reports that 47% of women in Zambia have experienced physical violence since age 15 – 77% by a current/former husband/partner – and one in five have experienced sexual violence in their lives, 64% of which is perpetrated by an intimate partner.” All these are happening even when Zambia has Anti-Gender Based Violence Act of 2011.
In 1993, the UN Declaration on the Elimination of Violence against Women defined GBV as any act of gender based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivations of liberty, whether occurring in public or in private life (Salkind, 2004). Gender based violence has become an umbrella term for any harm that is perpetrated against a person’s 45 will, and that results from power inequalities that are based on gender roles. Around the world, gender-based violence almost always has a greater negative impact on women and girls. For this reason the term GBV is often used interchangeably with the term Violence against Women
(VAW), GBV principally affects those across all cultures it can occur throughout a woman's lifecycle, and can include everything from early childhood marriage and genital mutilation, to sexual abuse, domestic violence, legal discrimination and exploitation.
There are many different forms of violence in society but women are particularly vulnerable to gender and sexual violence (Kitetu, 2000). The effect of violence against women involves society as a whole, since it occurs in almost all environments, even within socially privileged spaces such as universities. Studies conducted in universities in the United States, Venezuela and
Chile found that a large proportion of students had experienced some form of violence (Scully,
2013).
A report by USAID (2013) on the start of GBV in universities in Brazil showed that 21.4% of the female students had suffered some type of aggression, psychological violence being the most common, followed by sexual violence, which was more common among women. According to
Women watch (2010) the results of this study is a confirmation that the University environment is far from being free of different forms of violence, as more than half of the female students reported having been subjected to some form of violence and one tenth had been subjected to sexual violence since entering the university. These findings are in agreement with findings of
Euromend (2011), which indicate that women in the university setting suffer more GBV as compared to their male counterparts.
46 Forms of GBV exist verdantly in different countries and in different magnitudes. They include rape, sexual assault and female genital mutilation, among others. According to WHO (2002).
Between 12% and 25% of women have been forced by an intimate partner or ex-partner to have sex at some time in their lives (WHO, 2002). A Cross-sectional study shows that 40% of women in South Africa, 28% in Tanzania, and 7% in New Zealand reported that their first sexual intercourse was forced. According to WHO (1999), many countries in Africa, Asia and the
Middle East practice FGM.
According to this report more than 130 million girls and women have undergone the procedure, and an estimated two million girls are at risk of FGM every year (WHO, 1999). The report indicates that in South Africa, cases of GBV are on the rise. South Africa's rate of rape, as a particular form of GBV has been found to be one of the highest in the world (NCGD, 2006) In a cross-sectional study in three South African districts in the Eastern Cape and Kwa-Zulu Natal, researchers found that 27.6% of all men had raped a woman or girl, of all the men who were interviewed, almost half (42.4%) had been physically violent to an intimate partner (Vikas,
2011).
In Africa it is a norm that a man should exert some physical violence on whom at least once in their marriage life. Women in these situations attest to this and even encourage it (UNICEF,
2001). This is a closely related to psychological abuse. Examples include threats of physical or sexual violence, intimidation, humiliation, forced isolation, stalking, verbal harassment, unwanted attention, remarks, gestures or written words of a sexual and/or menacing nature, destruction of cherished things, etc.
47 2.2. Prevalence of Gender Based Violence
According to the World Health Organization (2013) which showed that an estimated 150 million girls and 73 million boys experienced sexual abuse before attainment of 15 years, indicates that intimate and sexual violence are on the rise. These two vices, accounting to the report are a public health problem since it puts women’s health at risk.
According to Wallance et. al, (2010) there is increasing global recognition that addressing gender-based violence among adolescents is a human rights and public health imperative. The far-reaching consequences of gender-based violence among women are well documented, with significant sexual and reproductive health outcomes (Heise, 2014).
Research also shows that violence is not limited to sexual encounters but can be an ongoing feature of adolescent relationships (Repfar, 2012). Although it is generally agreed that more females are sexually victimized than males, there is growing recognition that the sexual victimization of boys and men may be a serious, yet largely invisible, problem especially in conflict-affected settings (Reddy et. al 2009).
Violence against women is a violation of women’s rights and freedoms as human beings, especially their entitlements to equality, security, liberty, integrity and dignity in political, economic, social, cultural and civil life. Violence against women is discriminatory towards women.
“Lifetime prevalence” estimates by WHO (2013) that, at least once in their life, over one in three women worldwide (35%) has experienced either intimate physical and/or sexual partner violence or non-partner sexual violence “UN Women” states that these figures make violence against women ‘one of the most significant issues to be addressed in our time’ (Chege, 2012).
Figures based on the latest PSS reveal that for women from the age of 15 years, Australia is no 48 different to the global picture. Two in every five women (41%) have experienced violence at least once in their lives: - around one in three (34%) has experienced physical violence - almost one in five (19%) has experienced sexual violence (Dartnall, 2015). 39 per cent of women have experienced physical and/or sexual violence from male perpetrators. One in every three women (34%) has experienced physical and/or sexual violence from a man known to them: - almost one in six (17%) by a current or previous cohabiting partner - one in nine (11%) by a boyfriend or male date (ABS 2013). One in every four women (25%) has experienced violence from male intimate partners, including physical and sexual threats. In addition: - one in five women (20%) has experienced physical assault - one in eleven women (9%) has experienced sexual assault (Davidson, 2009). One in ten women (10%) has experienced violence from male strangers. Almost one in six women (17%) has been stalked by a man.
Multiple victimization, whether in the different forms of violence experienced or the number of violent incidents, is also common for women in Australia: almost one in eight (13%) has experienced both physical and sexual violence since the age of 15 years in the 12 months leading up to the PSS, 81 per cent of women who experienced violence by a male perpetrator were subjected to more than one incident of the violence.
According to Davidson (2009), in Newcastle University (GBV) on UK campuses has finally begun to gain the attention of scholars, government, the media and Higher Education Institutions
(HEIs), decades later than it has in some other countries (notably the USA). The 2016 Changing the Culture report published by the Universities UK Taskforce established to examine violence against women, harassment and hate crime affecting university students and the accompanying guidelines advising universities on how to handle alleged student misconduct that may also
49 constitute a criminal offence, mark a turning point in the regulatory framework governing HEIs’ response to GBV (Davidson, 2009).
The Association of American Universities undertook a detailed survey of sexual assault and sexual misconduct in 2015 and reported these funding for 27 campuses. The survey found reporting rates for sexual harassment – staff and student – [were] 7.7%, and only 28% of even the most serious incidents are reported to an organization or agency. Oxford University reported the highest number of allegations against staff by students, with 11 received by its central administration and 10 by colleges – though it said there may have been duplication between college and central administration figures (Delano, 1998). It was followed by Nottingham with
10, Edinburgh with nine, University of the Arts London (UAL) and Essex with seven and
Cambridge with at least six, respectively.
Oxford university also, had the most staff-on-staff allegations, with 17 recorded centrally and three by colleges – though again, there may be duplication. Next was Cambridge with at least seven, Portsmouth with six, and Exeter, York and LSE with five each. Nottingham and
Goldsmiths said they had fewer than 10 (Hansard, 2008). According to Dunkle & Dedan, (2013) only five universities said they had compensated students. University of London, paid out the most, £192,146 followed by UAL, which gave about £64,000 to two students, plus an undisclosed sum to a staff member over an allegation of sexual harassment by a colleague
(Kenneth, 2012). Legal experts and campaigners have cautioned that universities reporting a high number of allegations and investigations are not necessarily those with the worst problems
(Cherono, 2016)
50 According to the WHO (2013), 35 percent of women worldwide have experienced either physical and/or sexual IPV or non-partner sexual violence. Violence studies from 86 countries across WHO regions of Africa, the Americas, Eastern Mediterranean, Europe, South-East Asia and the Western Pacific, show that up to 68 percent of women have experienced physical and/or sexual violence in their lifetime from an intimate partner. This report further shows that evidences from developing countries showed diverse results on the different forms of gender based violence. In multi country WHO study (Heise et al., 1995), it was reported that prevalence of physical or/and sexual violence ranged from 5% (Japan), through 61% (Peru) to 71%
(Ethiopia). The highest prevalence rates were found in central sub-Saharan Africa, with an estimated up to 66 percent of ever-partnered women having experienced physical and/or sexual violence by an intimate partner (WHO, 2013).
Heise (1999) predicts that globally, one out of every five women will become a victim of rape or attempted rape over the course of her lifetime (Heise et al., 1999). Their prediction was based on the statistics (IAWG, 2015) which showed between 20,000 and 50,000 women in Bosnia-
Herzegovina were raped during the 1992 – 1995 war (KDHS, 2003). During the 1994 Rwandan genocide, an estimated 250,000 – 500,000 women were raped (UN, 1996).
According to UNFPA studies conducted in the university of Wageningen - Netherland showed that overall, 178 of the respondents (out of 319) admitted having ever experienced one or more forms of GBV since joining the university. Of the students who experienced violence, 24.8% experienced physical violence, 20.4% reported sexual violence and 55.2% endured emotional and verbal violence. In another study conducted in Mekelle,
Sudan, Red Sea University 39.3% of the students reported experiencing at least one form of physical violence since joining college (KNBS (2015). Elsewhere, in Egypt-Mansoura
51 University, a similar proportion (21%) of University students reported at least one episode of physical violence by boyfriends. These differences could be due to differences in cultural characteristics of the study populations, drug and substance abuse in schools and the misuse of the internet in sharing information about dating culture and violence across the globe.
Studies have shown a high prevalence of Gender - based violence in Sub Saharan Africa African region (ZDHS, 2013-14; KNBS and ICF Macro Report, 2009). Rossetti (2001) indicated that in
Botswana 68% of the sexual harassment which has been experienced by girls in the secondary schools happened in their junior year, 18% in senior years and 14% in primary schools years. In
Kenya male university students were the main offenders in most cases of all the forms of violence, while female students were only implicated in emotional violence as repotted from
Moi University (Amuyunzu &Nyamongo, 2013). This is the case with some studies on violence against female university students in Egerton University (Dedan et. al, 2009)
Leach et al., (2000) found that in a school in Zimbabwe 47% of girls experienced sexual harassment from male teachers and students. Leach et al. (2003) also found that 27% of girls in junior secondary schools in Ghana have experienced forced sex and over 50% have also been sexually harassed. The other forms of GBV that are reported from most Sub-Saharan African countries concentrate mostly on GBV at the household level and are limited sexual violations such as wife bartering and rape. The other forms of SGBV include but not limited to physical, sexual and psychological harm or suffering, including threats of such acts, coercion or arbitrary deprivation of liberty.
The Commission of Inquiry into Post Election Violence (CIPEV) Report (2008) noted that approximately 524 or 80% of survivors of GBV treated at the Nairobi Women’s Hospital suffered from rape and defilement, 65 or 10% from domestic violence with the remaining 10%
52 from other types of physical and sexual assault. According to KNBS and ICF macro (2010), 43% of 15 - 49 year old women reported having experienced some form of gender - based violence in their lifetime, with 29% reporting an experience in the year preceding the survey; 16% of women reported having ever been sexually abused, and for 13%, this had happened in the year preceding the survey (KNBS and ICF Macro, 2010). The Kenya Demographic Health Survey (2008-09) showed that almost half (45 percent) of women aged 15-49 have experienced either physical or sexual violence. The 2011 police crime report documented 2,660 cases of defilement and 130 cases of sodomy (KNBS and ICF Macro, 2010).
A survey in 2012 by CDC and allies as reported by 18 to 24 year old children revealed worrying levels of violence against children prior to age 18. Approximately 32% of females and 18% of males had experience sexual violence. A total of 66% of females and 73% of males had experienced physical violence and 26% of females and 32% of males had experience any form of violence as a child. About 13% of females and 9% of males experienced either sexual violence or physical violence during their childhood. The recent report by KNBS and ICF Macro (2015) on average 35.54% of those interviewed reported experiencing GBV at one time in their life.
According to National Crime Research Centre (NCRC) (2014) since 2001 to 2014, there had supported over 21,341 survivors of GBV, of whom 56% were women, 36% girls, 3% men and
5% boys. The Centre also reported that in Kenya, 45% of women aged between 15 and 49 years have experienced either physical or sexual violence; and one in five Kenyan women (21%) has experienced sexual violence. The findings by NCRC, (2014) corroborates the high prevalence of sexual violence against the female gender as reported by Federation for Women Lawyers (FIDA,
2011). On 8th January 2016, National Gender and Equality Commission of Kenya issued a press
53 release condemning the attack of one Ms Fatuma Ibrahim by her husband in Wajir County
(NGEC, 2016).
2.3. Factors Accelerating Sexual and Gender-Based Violence
There are many factors which can be attributed to the rise of GBV. Research from many universities all over the world attests to this. At Kabul University in Afghanistan it emerged that sixty-nine percent of male respondents in a study that investigated GBV claimed that what and how women wore their clothes had an impact on GBV and whether they experienced GBV
(Gender Studies Institute, Kabul University/UNDP/UNESCO, 2010). Similarly, 56 percent of women held the same view. Many respondents felt that they should dress modestly, and by doing so they would not be inviting GBV. In the study it emerged that the way women dress "attracts men to them and it was opined that girls should refrain from wearing tight, short, and thin clothes". However, respondents from Balkh University had differing views regarding the dress worn by men and women on campus. Some female students (53 percent) claimed that clothes were one of the factors of encouraging GBV. Similarly, 52 percent of men believed the same.
Some male and female respondents and staff believed that if women did not dress suitably they might face GBV.
It is widely understood that GBV – be it in the form of isolated acts or systematic patterns of violence - is not caused by any single factor. Rather, it is a combination of several factors.
Gender Based violence has been explained by use of an ecological framework that was proposed by Heise (1998) and cited in WHO (2005). The Heise (1995) model proposes that violence against women results from the interaction of factors at different levels of the social
54 environment. At the individual level, the model explains that and individual could be a perpetrator of GBV if he/she while growing as a child had witnessed marital violence; grew up in the absence of a father or in the presence of a rejecting father; the person was abused as a child or as a consequence of drug and substance abuse. This view is supported by Sendo and Meleku
(2015) who established that there is a linkage between GBV drug abuse and mode of dressing.
Students and staff from Herat University believed that there was a relationship between GBV and the clothes people (specifically women) wore and how they wore them. Some respondents referred to women specifically and stated that the way women covered their heads, exposed their hair, or if they wore a loose collar shirt or short or tight dresses could invite unwanted attention and comments from men. Having relationship at universities be it intimate or non-intimate have been reported as a predictor of GBV. A study at Hawashi University in Ethiopia revealed that sexual violence was significantly associated with having a boyfriend. Female students who reported to have a boyfriend were found to be five times at a higher risk of experiencing rape since being admitted to the university than those who didn’t have a boyfriend (AOR = 5.07, 95%
CI: 1.59 to7.12) (Sendo and Meleku, 2015). In the same study residency was also associated with
GBV i.e. students with rural childhood residence were four times (AOR = 4.17, 95% CI: 1.53 to
8.36) more likely to experience rape in the university than those with urban residence (Sendo and
Meleku, 2015).
At the relationship level GBV could be caused as a result of marital/relationship conflict or when the male partner wants to control wealth and decision making in the relationship. At the community level there are numerous causes of GBV ranging from poverty, low socio - economic status, unemployment, associating with peers who condone violence, isolation of women and family (Heise, 1995).
55 Picking, et. al, (2001) commenting on the Heise ecological model's approach to gender-based violence argues that no one factor alone “causes” violence but rather that a number of factors combine to raise the likelihood that a particular man in a particular setting may act violently toward a woman. In the ecological framework, social and cultural norms such as those that assert men’s inherent superiority over women combine with individual level factors such as whether a man was abused himself as a child to determine the likelihood of GBV. The more risk factors present, the higher the likelihood of violence.
While many authors tend to agree Heise’s model, some authors have contrary views for instance
Minnesota Advocates for Human Rights, (2003) reject the argument that violence against women solely as the result of men’s experience of external factors such as poverty, conflict, rapid economic or political change; fails to take into account that gender based violence cuts across socio - economic boundaries i.e. both poor and rich households experience one or another form of GBV. They continue to explain that evidence from women themselves in many different contexts indicates that poverty and crisis exacerbate violence against women, in particular domestic violence; poverty is not in itself the cause of violence against women. Rather, it is one of the main factors that may aggravate or increase the violence that already exists. This is supported by the fact that not all men in poor households are violent and so it indicates that poverty is an insufficient explanation of violence.
Research from Armenia shows that the persistent disparities in the political, social, and economic opportunities enjoyed by men and women are the cause of GBV. Basic targets of gender equality are yet to be achieved and engagement of women in political, economic, and public life remains limited. Moreover, during the past few years the political and economic participation of women
56 in Armenia has decreased. According to the World Economic Forum’s Global Gender Gap Index, in 2014, Armenia was ranked 103th out of 135 countries. In 2011, Armenia was ranked 84th. The overall change was driven by Armenia’s falling ranking in the economic and political participation of women (Sexual Aggression, 2011).
Gender based violence is the cause and the negative outcome of women’s multidimensional disadvantages in social and political life. The contributing factors of such comprehensive phenomena can be divided into two main categories: structural and cultural. Both factors are very much interconnected and interdependent. This is supported by findings of a study done in
Armenia which noted that a majority of abused women are unemployed or earn a very low income; many do not own property. This makes it extremely difficult for them to leave their abuser, as there is no place for them to go (Salkind, 2004). According to a UNFPA report, 40% of women don’t earn money and are therefore totally dependent on others in their household, which makes them extremely vulnerable in the face of violence.
Many researchers indicate that GBV in universities is not a presence of male students only. In
Autonomous University of Santiago in Mexico, both male students and young tutors were complicit in the harassment and abuse of female students (Bloom, 2008). Studies in Chinhoyi
University of Zimbabwe, Ashesi University of Ghana and Mzuau University in Malawi, reported that older male students and lecturers as perpetrators of sexual violence. Recent information on sexual harassment in higher educational institutions indicated that female students are not only perpetrated by male students only, but also by some unethical instructors and administrative workers of universities (Sultana, 2010).
57 In recent history, there has been a growing recognition of women’s rights with the international community, adopting laws and measures that protect women from gender based violence, including IPV. Despite these initiatives however, women in developing countries, including Kenya, continue to experience IPV at high rates. According to Federation of
Women Lawyers in Kenya (FIDA (K)), it is estimated that nearly half of Kenyan women have experienced violence against women (VAW) in their lifetime. They attribute this strong traditional and cultural considerations in Kenya where women are most often violated by their male relations mostly because of a skewed power equation at the domestic level. These women are discriminated against, as they are not economically empowered and consequently can’t, take charge of their sexuality and livelihoods. This situation predisposes them to mistreatment in key aspects of their lives (Cherono, 2016).
2.4. Effects of Gender-Based Violence
GBV has a multitude direct effect on the victim, especially the female gender and indirect effects on members of the nuclear family of the victims but also on their friends, relatives, community and the society the world over. According to Bond (2015) the effects could range from physical, emotional to psychological discomfort and even death. They further argue that GBV threatens the family fabric; children suffer emotional torture when they watch their mothers and sisters being violated. This may lead to a breakup of the family unit/homes, leaving the female heads of households to struggle against increased poverty and negative social repercussions.
Record has shown that GBV threatens women’s health worldwide adding to the global burden of violence related disease. In one Australian study researchers interviewed reproductive age women (15 to 44) and found out that IPV accounted for 7.9 percent of all their health problems,
58 surpassing smoking (1 percent) or illicit drug use (3.5 percent). In the US, research shows that
IPV is associated with behavioral and mental health conditions, notably substance use and depression.
In Ethiopia proved that there is still widespread violence against girls in all sphere of life including schools and colleges, though there are plenty of legal tools including the 1995 FDRE
Constitution and international instruments that the country ratified some studies (Save the
Children Denmark and the FDRE MoE 2008; Terefe and Mengistu 1997).
A study on GBV in Belgium in university of Libre showed that 21% of students reported that their senior students were some of the perpetrators of GBV in the university (Shai &
Sikweyiya, 2015). In a study carried out in Yaoundé, University of Ngaoundere - Cameroon,
30% of the GBV were perpetrated by classmates or other students and friends of the victims and about 8% by junior lecturers, family friends, neighboring hostel owners and even strange student (Shisana et. al, 2014). In another study of 10,000 girls in Mount Kenya University in
Kenya, it was found that the majority of the perpetrators of sexual violence were male students (Wangalwa, 2012). The non-involvement of lecturers in the present study may be real or a case of underreporting.
According to Tony (2002) culture has been cited as the leading cause of violence against women in Kenya. The role of a man has been established as that of a leader and a provider and in some cases where a man fails to establish his authority in these areas, he ends up resorting to physical abuse. Alcohol and drugs have also led many men, unfortunately, into violence against women.
Several institutions including USAID have been on the forefront of fighting gender violence in
Kenya and have come up with gender-based violence programs which are committed to
59 preventing this type of violence by working toward increasing access to justice and integrated support services. These efforts include increased public awareness about GBV Pratto (2014), and the Sexual Offences Act 2006. Kenya and there is still so much to be done if this evil is to be curtailed (Mitulla, 2002).
2.4.1 GBV and psychological effects
According to the public health agencies of Canada 2004 emotional and financial abuse was two and half times more common than physical abuse between partners (Baker, 2000). Research has shown that there is a connection between emotional abuse and financial abuse. Emotional abuse was determined by gathering information from emotionally abusive behaviors. This was identified to be nearly equally by men and women at 17% of men and 18% of women respectively. The ratio showed those who were experiencing emotional and financial abuse.
Report on consequences of victimization indicated that women severely experience more prolonged negative effects than men (Berger, 2004). Some the most common forms of emotional abuse were identified to be names calling of the victims and writing them down, jealousy and denying the victims freedom of speech; not to talk with anybody else of the opposite or similar sex (Bhana, 2012; Bloom, 2008 and Johnson, 2015) . This finding was reinforced by 2012 GSS data, which also suggested that emotional abuse and controlling behaviors can be precursors to physical violence in a relationship (Babcock et. al, 2014 Spousal,18). More specifically, rates of violence in current intimate relationships were ten times higher for women and men who reported emotional abuse than for those who did not report emotional abuse.
There is considerable research documenting psychological abuse as a form of intimate partner abuse (Bannerji, 1999). These studies suggest that physical and psychological abuse co-exist and that women suffer greater victimization than men (Johnson and Ferraro 2009). This difference 60 may reflect the greater physical size and strength of men, and social structures that privilege men.
In a review of the literature on "husband abuse," Tutty noted that women who engaged in acts of psychological abuse against their male partners reported doing so to exercise power and control over their husbands (Allsop, 2016).
According to Amuyunzu, (2016) Victims of GBV suffer from prolonged emotional instability and may vent their frustrations on their children and others, thereby transmitting and intensifying the negative experiences of those around them. Children, on the other hand, may come to accept violence as an alternative means of conflict resolution and communication. It is in these ways that violence is reproduced and perpetuated. Amuyunzu’s study provides evidence to suggest a link between male partner violence and mental health problems among women, with close to a third of the women reporting suicide ideations. Amuyunzu found that physical violence significantly predicted ‘mental distresses and sociality’.
2.4.2 GBV and Reproductive Health Effects
Of the 129 million people around the world in need of humanitarian assistance, approximately one-fourth is women and adolescent girls of reproductive age. During emergencies, women and girls are at particular risk of harm when social and structural support systems around them collapse. They often lose their livelihoods, educational opportunities, homes and other assets
(Global Humanitarian Overview, 2017). Many face disintegration of their families and other social networks, and are susceptible to mental and physical trauma, malnutrition, disease, long- term disability, poverty and especially violence from both intimate partners and others such as armed combatants. The dissolution of public infrastructure often includes the health system.
Consequently, the increased threats to sexual and reproductive health, in particular, expose 61 women and adolescent girls to unwanted pregnancy, unsafe abortion, STIs including HIV, and maternal illness and death (State of World Population 2015).
GBV and sexual violence is also a significant public health issue, with both mental and physical health consequences (Delano, 1998). There is increased recognition of the links between coercive sex and adverse reproductive health outcomes including; unintended pregnancy, non- use of contraception, unsafe abortion, gynecological morbidity and HIV/AIDS.
According to Van et. al, (2012). women who experienced intimate partner abuse were three times more likely to have gynecological problems than were non-abused women which include chronic pelvic pain, vaginal bleeding or discharge, vaginal infection, painful menstruation, sexual dysfunction, fibroids, pelvic inflammatory disease, painful intercourse, urinary tract infection, and infertility. Sexual abuse, especially forced sex, can cause physical and mental trauma. In addition to damage to the urethra, vagina, and anus, abuse can result in sexually transmitted infections (STIs), including HIV/AIDS.
2.5. Frameworks to address GBV
The UN Declaration on the Elimination of Violence against Women (1993) provides a definition of the term 'Gender-based Violence' to mean 'Any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivations of liberty, whether occurring in public or in private life. The declaration continues to say that, though gender-based violence affects people across cultures, women are the main targets of the act or practice and suffer a greater negative impact throughout their lifecycle (from early childhood marriage and genital mutilation, to sexual abuse, domestic violence, legal discrimination and exploitation). Thus gender-based
62 violence is generally understood to arise primarily from the power inequalities in gendered identities and relations. Yet the term can also refer to any harm that is perpetrated against a person’s will. It can, therefore, include inter-gender and intra-gender sexual and gender based violence involving men against boys, violence based on sexual orientation and cliterodectomies
(Wilson, 2011).
The declaration recommends that mechanisms should be put in place to curb violence.
Internationally, regionally and locally there exist a series of instruments meant to protect women and girls against SGBV (Universal Declaration of Human Rights, 1948; Vienna Declaration and
Programme of Action, 1993; DEVAW; 1993; Beijing Declaration and Platform for Action
(BPFA), 1995; UN Resolution on Elimination of Domestic Violence Against Women, 2004;
Convention on Elimination of All Forms of Discrimination Against Women (CEDAW), 1979;
African Charter on Human and People’s Rights, 1981; Protocol to the African Charter on Human and peoples’ Rights on the Rights of Women in Africa, 2003 and the Kenya Constitution, 2010).
These frameworks/plans of action fronts for elimination of all forms of violence against women and obligates state to take legislative, policy or other appropriate measure to end violence against women in line with their international obligations.
2.5.1 International policy frameworks and legal instruments
The fight against women's violence was acknowledged by the United Nations (UN) Declaration on the Elimination of Violence against Women in 1993 (Westad & McConnell, 2015). In 1995, the Beijing Declaration and Platform for Action agreed to the UN World Conference on Women.
The platform insisted that violence against women inclusive of gender based violence needed a punishable action as a crime under the law (legal redress).This would be followed by measures to
63 end violence against women on the basis of racial grounds, sex, honor crimes, rape in times of war and among other crimes committed against women.
Since the time memorial, rape has been used as a weapon in times of war where every woman is captured as sex slave or so as to humiliate their enemies. Consequently The Rome Statutes
(2008) classified “rape, sexual slavery, forced pregnancy and enforced prostitution” as war crimes committed against humanity. Therefore, the perpetrators would be brought before the law to answer cases of infringements on women's fundamental rights. There have been massive rape as one example of gender based violence in times of war include Democratic Republic of Congo
(DRC) Sudan, Uganda, Sierra Leone, Bosnia, Kosovo to mention but a few.
The International human rights law is one of the international instruments that addresses gender based violence. However it has got some loopholes in addressing this issue. According to
Johnston, (2006), the International human rights instrument such as International Human Rights law defines and emphasizes torture as only “torture by public officials and leaves out violence suffered by women in their homes. In most war areas where there is family breakdown and massive violation of human rights, torture of women includes sexual violence, physical torture and abduction by fighting forces. The convention on the Elimination of All Forms of
Discrimination against Women (CEDAW) came into existence in 1979 to assure that women enjoy equal rights in both public and private spheres. CEDAW convention. Article3: addresses human rights and fundamental freedoms for women. The convention encompasses cultural, social, economic and political rights to bring forth full development and progression of women with a focus on equality principle (CEDAN).
64 Although CEDAW shows a clear concern about gender based violence including trafficking and forced prostitution (Article 6), there is more generality as regards reporting of women's rights. In addition CEDAW describes the concept of discrimination against women in a broad manner and leaves out “discrimination” in spite of the actors, perpetrators, persons, and organizations Again the International humanitarian law as one of the international human rights instruments is applicable in situations of armed conflict and war. “It can be called be called the law of armed conflict or the law of war” (ICRC, 2005). The central objective is to prevent human suffering in times of war and protect persons that are not participating in hostilities. Additional protocol 1, article (76) focuses on sexual violence where women are to be given respect and be protected from injustices such as rape, forced prostitution and any other forms of violence and indecent assaults. However in war circumstances there is a “bleach” of this international humanitarian law and most women are found in unproductive conditions thus falling victims of gender based violence especially rape (Karanja, 2003).
Through the International Policy Frameworks and Legal Instruments States are legally obligated to address GBV through a range of measures, including legislation. International policy frameworks that commit governments to keeping in check SGBV include: The United Nations
Declaration on the Elimination of Violence against Women (1993) which was the first international human rights instrument to deal exclusively with gender-based violence (GBV).
Prevention of and response to GBV is equally obligated within continental and regional interstate protocols and conventions sanctioned by the African Union and regional bodies like the
International Conference on Great Lakes Region (ICGLR) and the Inter-Governmental Authority on Development (IGAD). Some of the continental and regional instruments relevant and applicable to anti-gender based violence interventions are listed below: The African Charter on 65 Human and Peoples’ Rights (1981); the Common Market for Eastern and Southern Africa
Gender Policy (2000); The Protocol to the African Charter on Human and Peoples’ Rights on the
Rights of Women in Africa (Maputo Protocol, 2003); The Solemn Declaration on Gender
Equality in Africa (2004); The Intergovernmental Authority on Development Gender Policy and
Strategy (2004); The Protocol on the Prevention and Suppression of Sexual Violence Against
Women and Children – International Conference on the Great Lakes Region (2006); The African
Charter on the Rights and Welfare of the Child (ACRWC) 2009; The African Union Gender
Policy (2009); The Declaration of the Heads of States and Governments of the Member States of the International Conference on the Great Lakes on Sexual and Gender-based Violence (2011).
The World Bank’s Board of Executive Directors has approved a $40 million equivalent IDA credit to the Republic of Uganda for the Strengthening Social Risk Management and Gender-
Based Violence (GBV) Prevention and Response Project. The Government of Uganda recognizes
GBV as a serious problem and approved a National Policy on the Elimination of GBV in
October 2016. This project, which was approved June 20, 2017, will support the implementation of the policy and will also help strengthen systems for managing social risk in development projects (Kitetu, 2000).
Following the July 2016 crisis, UNICEF Southern Sudan decided to scale up its GBV prevention and mechanism to respond to it. GBV is one of one of the areas that have been identified as risk mitigation into other sectors. This has been done through guidelines for integration of GBV intervention in the Humanitarian action. Camp coordination and management, health sectors have been used to integrate GBV knowledge programs into other sectors. UNICEF has trained over 90 people working in various sectors such as education, nutria ion, child protection, camp coordination and management.
66 Intimate partners’ violence (IPV) is part of GBV and the basic understanding of IPV includes sexual, psychological harm that is caused by former partner or the current partner. It also involves threats of act and intimidation of freedom that may occur in private life of the partner.
The global prevalence of IPV has been identified to range between 15% to more than 70%
(Kitetu, 2000).
A long term IPV prevalence has been reported in Tanzania, according to the life-time prevalence of IPV ranges between 15 and 60 %. A study carried out in 2005 provides the prevalence of life- time to be sexual and physical violence by intimate women who have ever had partners of 33 and
23 % in that order. In addition, recently in 2015 National Demographic and Health Survey
(DHS) estimated 40 and 21 % of women aged between 16 and 48 had experienced physical and sexual violence involving intimate partners (Lawson, 2003)
According to Leach et. al, (2011) some of the factors that are associated with violence against women were identified to be diverse and always inter-woven. Because of this a mechanism involving integrated ecological framework to be aware of GBV against women has been developed. Based on this model, different stages have been proposed so as to include those at individual level, family relationships, community level and societal issues. For instance, at individual level, the dangerous factors involve background of the violence on the side of the perpetrator or the victim. Risk factors in GBV for the family relationship level include marital conflict and male dominance. For the community level such risk factors contain poverty and weak community sanctions against violence (Msibi, 2012). At the same time at the societal level, the violence risk factors involve traditional gender norms. This provides men with household economic and decision making power. The social norms also justify violence against women.
67 These threatening factors at various categories relate with each other to describe GBV (Wilson &
Felicia, 2011).
In many societies especially in Africa gender inequalities results to economic dependency particularly among the low earners or poor women. Inadequate support and high parity are some of the factors that contribute toward GBV among women in Africa. According to Bennett, et. al,
(2000). having multiple partners in relationships promote GBV, this study found out age, level of education and family size all correlate with certain trend of GBV prevalence rate. In contrary to this Koss et. al, (1993) in their study on GBV prevalence with age found out that GBV associated risks are contributed by alcoholism. Gerald further recommend for main objectives for further studies to focus on the frameworks that can facilitate the fight against GBV among both women and girls.
A study by Lawson, (2003) on the strategies and challenges of the feminists working to end it, noticed that violence against women is widespread vice among both legally and socially.
Kenneth, (2012) states the relationship between discrimination and GBV against women
Discrimination is against the law of most countries because the does not allow it. Other nations have laws that put women to always be subordinate to the influence of men in the family and marriage, even when formal equality is established in law.
PPG 118 In contrast women make up 65% of college graduates, over one third of judges and half of the teaching, health and public administration sector, although their access to political decision-making positions remains low. According to Soumia Salhi, feminist union activist, and former president of the Association pour l’émancipation des femmes (Association for the
Emancipation of Women, AEF), women’s visibilisation is a result of mass education and has 68 produced backlash at the same time (UNESCO, 2010). “The situation of women in Algeria has experienced an upheaval due to the mass education of girls since Independence. The brutal fundamentalist leadership of the 1990s did not prevent girls from being educated, so more women who are now entering the workforce. Women went from domestic seclusion to occupying a huge presence in the public space.” She adds “The emergence of women has finally led to domestic violence being denounced. But this doesn’t happen without resistance. Street harassment and misogyny reflect such resistance to change (Hannah, et. al, 2016). Liberal policies have mainstreamed precarious jobs and promoted sexual harassment. Dress codes and segregation derived from traditions and revived in the 1990s under fundamentalist leadership are slowly dissolving but remain alive outside of big cities.”
But large disparities exist between women in Algeria, and violence is amplified by economic and social factors specific to the environment in which they live. In remote rural areas for example, women have less access to education, health and employment than in urban centers, because of a lack of infrastructure and resources in poorer regions (Heise, Moore & Toubia, 2015). Iamarene
Djerbal says that in remote areas, “a girl will be taken out of school because there is no transportation or boarding but a boy will be kept in school to continue his studies. There are few jobs in these regions and even fewer for women who are completely dependent on their surroundings and subject to the patriarchal rules of marrying young.” Salhi adds that “the diktat and the limitations on freedom of movement are stronger among modest social classes than affluent ones, more evident in poor neighbourhoods than in urban centres (Itegi, et. al, 2013).
They are even more radical in semi-urban and rural areas, although religious fundamentalism affects all social classes.”
69 There is also the issue of racial discrimination against Algerians from the south and their marginalization in the job market due to the color of their skin; and access to public spaces is also limited for Berber-speakers, who make up about 20% of the Algerian population and whose language is not recognized as an official language by the State. Iamarene Djerbal says “Sub-
Saharan migrants encounter even more violence, especially women, who are verbally abused, extorted, assaulted and sometimes raped” According to her this often happens with impunity, as was the case with Marie Simone, the Cameroonian migrant, gang rape victim on 1 October 2015 in the city of Oran (Jannings et. al, 2005). The case incited substantial mobilization by civil society organizations and on social media because of the refusal of the Police to consider the complaint made by her. Following the case, Femmes Algériennes Revendiquant leurs Droits
(Algerian Women Claiming their Rights, FARD) published a statement signed by a dozen NGOs as well as an online petition recalling Algeria’s obligations to respect the right of all individuals to file a complaint (KNBS, 2015).The mobilizations led to the filing of the complaint, but reveal the deeper issue of access to justice for women n the absence of legal protections for victims of violence, the collective "Stop à la violence! Les droits aux femmes maintenant" (Stop Violence!
Rights for Women Now) formed in 2010. The collective is made up of different organizations and activists with the purpose of running campaign to advocate for the adoption of a legal framework to punish violence against women (KWCWC, 2012), coordinator of the collective, brings to light the different advocacy steps needed for such a law: “the collective held several seminars, bringing together a number of figures and activists; pertinent documents were disseminated, including advocacy text. We acted so that the media would pick up our actions. In early 2015, despite strong resistance from traditionalists, the government tabled a bill before the
National People’s Congress. The very violent criticism proclaimed that the bill was against Islam
70 (NGEC, 2016). That critique was preceded by a misinformation campaign by private television stations. The government stood strong, upholding the bill, which Congress passed on 5 March.
The law represents a step forward, by criminalizing domestic violence and provoking an important debate in society (Pickup et. al, 2011). But it includes an unfortunate clause, the pardon clause, which exempts the perpetrator from prosecution if pardoned by the victim. We think that this provision cancels part of the benefit of the law but it’s still a very positive first step. Our current campaign is focused on its adoption in the Senate.”
For Iameren Djerbal, “the pardon clause” is essentially “additional pressure on the already vulnerable victim to not go all the way with demanding justice. We know that there are few complaints that go to trial because the perpetrator, the family, those around them, the difficulties of accessing justice, the lack of autonomy and resources force victims to resign, to suffer through the violence until being mutilated or killed.” The sociologist also considers one of the reasons why the bill has not yet passed in Senate – eight months following its vote in Congress – related to its use as a political tool (CEDAW, 2010) by different stakeholders.
“Enacting the law, sooner or later, will not be enough to protect from global violence in the millennium.
It’s society that we want to convince, social mentality and practices that we want to change. Forty years of the feminist struggle have validated our conviction that this is a global fight. Without education, without fair jobs with adequate pay, without the social means, the fight against backward mentalities would be in vain,” highlights (FIDA, 2011). These past years, counseling centers for victims of violence have multiplied. For example, the Wassila/Avife Network works to provide medical, psychological and legal support to victims of violence. “We conduct outreach work with women, awareness raising and training, whether related to health, rights or media. We do advocacy work through
71 publications and reports to authorities (Jennings, 2005). We meet among organizations around collective actions to denounce violence or advocate for laws that protect the integrity and dignity of women,” explains Iameren Djerbal. But Salhi says that “it’s up to the State to take charge of counselling and support for victims” because the means and the resources of organizations are not enough to end this violence (KNBS, 2015).
One of the biggest challenges Algerian organizations face relates to rules that limit their activities. The 2012 Law 12-06 on Associations grants authorities the power to refuse associations from registering, holding public meetings, demonstrations or even accepting foreign funds. Bureaucratic ploys can provide governments with excessive power that impacts the work of organizations. “This hampers democratic expression, especially at the union and political levels. Rallies are repressed and marches are forbidden, especially in the capital. Organizations, unions and political parties are reflected, authorized or not, in the press and on private television stations according to the politics of media owners,”.
Salhi points out, “Society continues to be dominated by religious traditionalism. Progress is huge but changing the social mindset is slow. For a feminist activist, the hardest part is having your demands and behavior accepted by your family and neighborhood,” But she says that the challenge is to overcome the defeatism and the sense of powerlessness that exists and mobilize women to push for change (USAID, 2009). Iamarene Djerbal concludes: “We have no choice but to support the victims, expose injustices, demand equal rights between men and women, push for the law on violence against women and the implementing measures to render it effective. We believe in activism, with the need to never lose site of the final objective: citizenship for all, women and men, in a State of rights and social justice.”
72 In a 2006 statement to the 51st Session of the United Nations (UN) Commission on the Status of
Women Angola's Vice-Minister of Family and Promotion of Women, Ana Paula Sacramento, said that domestic violence had "reached worrying proportions" (Angola 28 Feb. 2006). In 2007,
Sacramento reiterated that Angola's domestic violence rate is "very worrying," adding that the rate varies from region to region (ANGOP July 23 2007). Donald Steinberg, former United
States (US) ambassador to Angola, stated in a feature article that "the end of the civil war [in
Angola] unleashed a new era of violence against women" (PeaceWomen 25 Apr. 2007).
Steinberg, who is also the Vice-President for Multilateral affairs and head of the New York office of the International Crisis Group (ICG), also commented there was a "dramatic rise" in the rate of domestic violence following the return of male ex-combatants to their communities (ibid.).
Likewise, in a 2005 report, Human Rights Watch (HRW) stated that domestic violence in Angola was "widespread." In a 2007 report, HRW states that domestic and sexual violence in the country increased over the course of 2006. Similarly, Freedom House reports that "spousal abuse is common" in Angola (2007). The international non-governmental organization Search for
Common Ground (SFCG) states that the prevalence of domestic violence in Angola is "one of the most acute sources of tension and conflict since the end of the war" (Sept. 2005). SFCG has headquarters in the United States and Brussels and addresses conflict transformation in 17 countries around the world.
Basic civil rights are constitutionally guaranteed in Angola (Freedom House 2005), but no laws have been enacted that specifically address domestic violence (ANGOP 25 Sept. 2007; Freedom
House 2005; HRW 2005). Human Rights Watch (HRW) indicates that no laws prohibit marital rape and the Penal Code specifies "lenient" penalties for sexual crimes (2005). According to
Sacramento, the government is developing a law prohibiting domestic violence (Angola 28 Feb.
73 2006; ANGOP 23 July 2007). No information on when this draft bill is expected to be passed into law could be found among the sources consulted by the Research Directorate. Angola has ratified the Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW), as well as a number of other international agreements that protect the rights of women, including the Universal Declaration of Human Rights, the International Covenant on
Economic Social and Cultural Rights, and the African Charter on Human and Peoples'
Rights (CEDAW, 2010).
Women have limited access to formal justice systems, according to Freedom House (2005).
Similarly, HRW states that courts are "virtually non-existent in the provinces" (2005). In addition, a senior researcher from the University of Lisbon who specializes in gender issues pertaining to Angola and other Portuguese-speaking African countries commented in correspondence with the Research Directorate that "in many places [women] cannot access the legal system" (6 Oct. 2007). A representative from Rede Mulher, an Angolan non-governmental organization focused on women's issues (GBV Prevention Network n.d.), stated that customary law is very strongly followed in Angola, particularly given that not every municipality has a court (Reddy et. al 2009). Freedom House reports that judges are "frequently lenient" in sentencing men who are convicted of violence against women (2005). Similarly, in a 25
September 2007 article, the Angola Press Agency (ANGOP) cited Sacramento as saying the perpetrators of domestic violence are not always appropriately punished for their crimes. She said this was because Angola does not yet have a law prohibiting domestic violence (CREAW,
2006).
HRW reports that the attitude of police officers toward domestic and sexual violence discourages women from reporting such violence (2005). Regarding police attitudes, participants in an SFCG
74 workshop involving police officers and community members, most of whom were women, expressed "particular concern" about the police response to domestic violence in Angola (SFCG
April 2007). SFCG reports that community members questioned "how the police could credibly punish offenders when [police officers] were often the perpetrators of sexual violence" (Apr.
2007). Similarly, the Senior Researcher from the University of Lisbon said that authorities in
Angola are highly distrusted and that women are unlikely to report domestic violence to the police (6 Oct. 2007). The Representative from Rede Mulher stated that when a woman goes to the police to report domestic violence she faces a process that is frustrating, shameful and time- consuming (19 Oct. 2007). However, the Representative also said that the Ministry of the Interior is conducting a series of seminars to educate police about domestic violence.
In her statement to the UN, Vice-Minister Sacramento said that efforts to deliver services to help protect victims of domestic violence have been hindered by the lack of a law against domestic violence law (ANGOP 25 Sept. 2007). However, she further noted that the provincial departments of the Ministry of Family and Promotion of Women provide counselling rooms for victims and that the Angolan Women's Organization (Organização da Mulher Angolana, OMA) and the police also address domestic violence (ibid.) However, HRW reports that the Angolan government has so far "failed to provide adequate health and emotional support services" for women who are victims of domestic violence (2007). The Representative from Rede Mulher stated there is one shelter in Angola that can accommodate about 10 women (19 Oct. 2007). She further commented that the shelter is run by the OMA and that it is difficult for the organization to maintain the shelter (19 Oct. 2007).
Sacramento indicated that the Angolan government is developing a national action plan that aims to promote zero tolerance of domestic violence (Angola 28 Feb. 2006). In her statement to the
75 51st Session of the UN Commission on the Status of Women, she highlighted the fact that the
Angolan president has "made important remarks linked to the need for educational and preventative measures in order to address domestic violence" (ibid.) Furthermore, Sacramento said the government plans to set up a database to document the prevalence of domestic violence
(ANGOP 25 Sept. 2007). No information regarding the implementation of the national action plan or the database could be found among sources consulted by the Research Directorate within the time constraints of this Response. This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints.
This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request (UNE, 2013)
Washington, April 18, 2017—The World Bank Group and Sexual Violence Research
Initiative (SVRI) today awarded funding to DB Peru and University College London for an innovative study that aims to prevent gender based violence in the Amazon. The winning team helped to develop this first-ever primary preventative strategy to counter gender-based violence in the region of the Lower Napo River, and the first community mobilization project of its type in Peru (Cameron & Mark, 2014). In the Amazon basin of Peru, recent figures show that 79% of women between the ages of 18 and 29 report experiencing sexual violence at some point in their life. The World Health Organization (WHO) estimates that 35 percent of women worldwide have experienced physical or sexual partner violence or non-partner sexual violence in their lifetime.
Beyond the devastating personal costs, gender-based violence inflicts a steep economic toll: estimates of resulting lost productivity run as high as 3.7 percent in some economies (UNHCR,
2014). The Development Marketplace Awards aim to help individuals, communities, and nations
76 stamp out GBV. The idea for the awards, which first launched one year ago, honors GBV victims and survivors around the world, and is in memory of Hannah Graham, daughter of a longtime
World.
2.5.2 Kenya government policy frameworks and legal instruments on SGBV
Kenya is a signatory to a wide spectrum of international legal instruments that obligate the State to take action against GBV. Premised on national commitment to uphold and protect human rights and gender equality the government of Kenya has developed a raft of policies and spectrum of legal instruments that focus on forestalling the occurrence of GBV and mitigating consequences.
Kenya underlines the importance of gender based violence and has made various steps towards alleviating the vice from a policy perspective. The country is a signatory to various international legal instruments that obligate the State to take action against GBV. Government has made national commitments to uphold and protect human rights and gender equality by developing various policies and legal instruments that focus on forestalling the occurrence of GBV and mitigating consequences. Some of the policies, guidelines and regulations that Kenya has developed include; The Kenya Adolescent Reproductive Health Policy (2003) recognizes that both boys and girls can be victims of sexual abuse, but girls are up to three times more likely to be sexually abused than boys. It recommends development of safety nets and rehabilitation and rescue mechanisms for victims of sexual abuse and violence and enhancing measures to protect young people in penal institutions from sexual abuse.
Women Watch, (2010) – Prevention and response to school related gender based violence
(SRGBV). It recommends mainstreaming of policies that address GBV at all education levels;
77 establishing modalities for dealing with SGBV including harassment; developing of a framework for co-ordination of stakeholders involved in efforts of providing a safe learning environment; and developing and implementing clear anti-sexual harassment and anti-gender based violence policies at all levels in the Ministry of Education and all educational institutions. Policy
Framework for the Implementation of Post-Rape Care Services (2005) ensures the inclusion of sexual violence as a key issue within the Reproductive Health Strategy (2009) and sets the development of standards for post rape care service delivery.
Multisectoral Standard Operating Procedures (SOPs) for Prevention of and Response to Sexual
Violence in Kenya (2013) developed by the Task Force on the Implementation of the Sexual
Offences Act (TFSOA) provide for the minimum package of care to be accorded to survivors across sectors-health, legal and psychosocial, and outline referral pathways in cross sectoral management of survivors. National guidelines for management of survivors of sexual violence in
Kenya (2009) provide minimum standards of care for survivors within health settings.
The Vision 2030 Second Medium Term Plan (2013—17) emphasizes the need for establishment of integrated one stop sexual and gender based violence response centre’s in all healthcare facilities in Kenya and undertaking public awareness campaign against FGM, early and forced marriages National Action Plan for Accelerating the Abandonment of FGM/C (2008-2012) aims to promote the abandonment of FGM/C through legislation, public education and outreach programmes, advocacy, media coverage, the empowerment of women and access to reproductive health and other support services . The County Child Protection Systems Guidelines spells out an agenda for “coordinated action at county level and provides work practice direction for all formal and informal actors.”
78 The National Plan of Action against Sexual Exploitation of Children (2013-2017) focuses on the areas of prevention, protection, recovery and reintegration; coordination and cooperation; child participation; and monitoring and evaluation. In recent years the government has increasingly recognized that issues relating to commercial sexual exploitation are linked to poverty, parents’ lack of education, and problems related to tracking perpetrators of child trafficking beyond
Kenya’s borders. National Monitoring and Evaluation Framework (2014) towards the Prevention of and Response to Sexual and Gender Based Violence in Kenya sets up a national SGBV monitoring and evaluation framework that can consistently collate and present data on SGBV for analysis.
National Plan of Action for Combating Human Trafficking (2013-2017) provides a national approach to address prevention, protection and prosecution as well as regional cooperation on human trafficking. Within this framework, it focuses on causal factors of trafficking, including issues related to sexual exploitation and strategies to address it, including building the capacity of service providers, identifying victims and creating awareness Framework for the national child protection system for Kenya (2011) seeks to “promote linkages between different actors and provide coordinated interventions and responses through statutory mechanisms.”
The National Gender and Development Policy (GoK, 2000) makes key recommendations on violence against women which include: Amending the Penal Code in order to make wife beating and other gender related crimes a criminal offences; Ensuring that victims of sexual offences have the right to have their cases heard in camera and creating family courts for the hearing of cases of rape, incest defilement in which the complainant is a child; Sensitizing legal practitioners, administrators and other law enforcement officials in the handling of cases of
79 violence; Training all law enforcement agents to be able to assist women victims of crime, and in particular women victims of violence. This would entail incorporating a course on violence against women into law degree and police training courses; Setting up safe shelters for victims of domestic violence to support the police and other socio-cultural entities in their work.
Disseminating information on the assistance available to women and families who are victims of violence; Ensuring that women with disabilities have access to information and services in the area of violence against women; Organizing, supporting and funding community-based education and training campaigns to raise awareness about violence against women as a violation of women’s enjoyment of their human rights, and mobilizing local communities to use appropriate gender-sensitive traditional and innovative methods of conflict resolution; and
Taking special measures to eliminate violence against women, particularly violence against those in vulnerable situations such as young women, refugees and internally displaced women, and women with disabilities.
The Kenya Adolescent Reproductive Health Policy (GoK, 2003) recognizes that both boys and girls can be victims of sexual abuse, but girls are up to three times more likely to be sexually abused than boys. Accordingly the policy recommends development of safety nets and rehabilitation and rescue mechanisms for victims of sexual abuse and violence and enhancing measures to protect young people in penal institutions from sexual abuse.
Prevention and response to school related gender based violence (SRGBV) is addressed in the
Education Gender Policy (GoK, 2007). The policy recommends mainstreaming of policies that address GBV at all education levels; establishing modalities for dealing with SGBV including harassment; developing of a framework for co-ordination of stakeholders involved in efforts of providing a safe learning environment; and developing and implementing clear anti-sexual
80 harassment and anti-gender based violence policies at all levels in the Ministry of Education and all educational institutions.
The 2005 Policy Framework for the Implementation of Post-Rape Care Services ensures the inclusion of sexual violence as a key issue within the Reproductive Health Strategy (GoK, 2009) and sets the development of standards for post rape care service delivery.
Multisectoral Standard Operating Procedures (SOPs) for Prevention of and Response to Sexual
Violence in Kenya (GoK, 2013) developed by the Task Force on the Implementation of the
Sexual Offences Act (TFSOA) provide for the minimum package of care to be accorded to survivors across sectors-health, legal and psychosocial, and outline referral pathways in cross- sectoral management of survivors.
The Vision 2030 Second Medium Term Plan (2013-17) emphasizes the need for establishment of integrated one stop sexual and gender based violence response centre’s in all healthcare facilities in Kenya and undertaking public awareness campaign against FGM, early and forced marriages.
The genesis of gender based violence is gender inequality in various forms including unequal power relations and socio-cultural practices that discriminate against women and girls. In this regard, Kenya’s development framework responds to the United Nations Millennium Declaration
(2000) which advocates for empowering women and promoting gender equality.
In ensuring the compliance to these international, regional and national policy and legal frameworks that strive to prevent the occurrence of SGBV, Kenya has enacted laws and guidelines that address GBV. These laws include: The Constitution of Kenya as the supreme law of the land promotes equality and freedom from discrimination by stating that (Article 27): i) every person is equal before the law and has the right to equal protection and equal benefit of the
81 law; (2) equality includes the full and equal enjoyment of all rights and fundamental freedoms;
(3) Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres; and (4) the State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, color, age, disability, religion, conscience, belief, culture, dress, language or birth. The Sexual Offences Act (SOA) 200610 is exclusively dedicated to the prevention of and response to sexual violence through deterrence (minimum sentencing guidelines and enhanced sentences ranging between ten years and life imprisonment) and punishment of offenders. The merits of the SOA include consolidation of all forms of sexual offences under one law, recognition of new sexual offences, introduction of a minimum sentencing regime for sexual offences, integration of technological advances such as DNA in investigation and proof of sexual offences, and introduction of novel provisions to safeguard the welfare and dignity of victims during prosecution of the cases.
The Criminal Procedure Code (Revised Edition 2012) makes provision for the procedure to be followed in criminal cases which include gender-based violence offences and sexual offences.
Section 3 of the Criminal Procedure Code (CPC) requires that offences under any law which includes the sexual offences shall be investigated, tried and dealt with in accordance with the provisions of the Criminal Procedure Code. The Children Act (2001)11 provides for the protection of child sexual violence survivors, among other stipulations. Other national instruments include the Penal Code (GoK, 2012), the Prohibition of Female Genital Mutilation
Act (GoK, 2011), the National Gender and Equality Commission Act (GoK, 2011), the Political
Parties Act (GoK, 2011), the Elections Act (GoK, 2011), the Sexual Offences (Medical
82 Treatment) Regulations (2012), the Matrimonial Property Act (GoK, 2013), and the Marriage Act
(GoK, 2014).
2.6. Measuring Effectiveness of Frameworks Addressing GBV
In measuring effectiveness in the implementation of frameworks that address SGBV a number of effect indicators highlighting reduction in the prevalence and types of GBV in a particular setting. The use of Output and Effect Indicators has proven most useful in measuring effectiveness of programs aimed at preventing the manifestation of SGBV in refugee camps and would be most appropriate for settings such as universities. Included in the Output and Effect
Indicator for SGBV are: the incident report form/consent for release of information; monthly statistical report forms and client feedback form. Within university institutions different organs of the university charged with the implementation of GBV prevention and response are the management of the university; management of health facilities where survivors of GBV are treated and also disciplinary committees of the university. Two assessment tools developed by
(UNFPA/WAVE, undated) collect data on the situation of gender-based violence and mapping of state responses.
We cannot stand by while so many women suffer harm that’s completely preventable, but this is also an issue that goes right to the heart of our goals to end extreme poverty and boost shared prosperity,” Kim said, noting that the epidemic can cost countries as much as 3.7% of gross domestic product (GDP). “The World Bank Group is committed to help its client countries prevent gender-based violence.” Using the Development Marketplace Crowd sourcing Method,
Kim said the WBG is looking to the award winners’ research and tested projects to help advance that goal (Woodzicka et. al, 2005). The wining proposals include tackling sexual harassment on
83 college campuses and on public transportation, addressing child marriage and an emerging form of GBV, cyber violence.
Cyber violence is pervasive, and women and girls are disproportionately affected, yet very little research exists on this problem especially in low and middle income countries, said award winner Pamela Lilleston, a social and behavioral scientist at the International Center for
Research on Women, whose team project aims to develop a set of standards that will be tested in
Uganda, and later used to inform effective cyber violence policies and programs (Francis, 2011).
Technology is at the core of another winning proposal designed to reduce intimate partner violence (IPV) in Dollo Ado refugee camp in Ethiopia. The research project aims to explore the use of podcasts to disseminate information about inter-partner violence, and generate new knowledge on the use of technology-based solutions to GBV in humanitarian settings
(Department of Education, 2008).
“Podcasts we think are an interesting solution in this context because they can be broadcast in safe environments such as health facilities and so on, but they can also be downloaded there on simple mobile devices and shared person to person,” said awardee Vandana Sharma, a public health researcher based at the Harvard TC Chan School of Public Health. “We will be training men and women in the communities in digital storytelling and in podcasting, and they will develop the content themselves in the local language with messaging that’s appropriate for their contexts.” Awardee Renzo Peña (2013), co-founder and vice president of DB Peru, a healthcare
NGO, said his team’s project is in response to the concerns of the Amazon Basin community of
Peru, which reports high rates of violence with no resources to address it. Recent figures show that 79% of women between 18 and 29 report experiencing sexual violence at some point in their lives. As a result, the first primary preventative strategy for GBV in the rural region of the Lower 84 Napo River, was developed. It is also the first community mobilization project of its type in Peru, and Peña said he plans to share his research throughout the region (Burton, 2013).
“We have been working for 15 years in the region, and we work very closely with the leaders in the community who will be trained so they can bring that knowledge to their own communities, and thus be able to prevent and eliminate violence in the communities themselves,” he said.
Awardee Emma Fulu, founder and director of The Equity Institute, said despite data that show that Solomon Islands has one of the highest rates of violence in the world, it is still the most under-researched regions (Barker, 2005). Her team project focuses on prevention of GBV by researching root causes and social norms that contribute to violence against women and girls by developing the Solomon Islands’ first community-led, locally developed comprehensive violence prevention program.
“Because of the high rates of violence, we know we need to look at how to stop violence before it starts, trying to understand what are the root causes, what are the social norms that are really underpinning violence against women in this region,” Fulu said. “I think what’s really exciting about this particular project is that it’s filling a number of major evidence gaps, not just in the
Solomon Islands or the Pacific, but really globally.” Caren Grown (2013), World Bank Group senior director for gender, highlighted prevention as an important part of the GBV learning community facilitated by the Development Marketplace. “Of course we have learning on response and how we help and work with survivors, but the most important learning is on prevention,” she said. “Without prevention, we can’t ever solve this particular problem, so bringing people together to experiment, to test, to learn is really critical.”
85 The indicators of gender based violence are well outlined within the UNFPA/WAVE tool and can be adopted for local use to collect data on GBV within academic institutions. The second tool looks at health facility’s response to gender-based violence WHO tools will be adopted for the current study.
2.7 Challenges in addressing GBV
South Africa is a signatory to a number of international treaties on GBV, and strong legislative framework, for example the Domestic Violence Act (DVA) (1998), the Sexual Offences Act
(2007) and the Prevention and Combatting of Trafficking in Human Persons (2013) Act”.
Response services aim to support and help survivors of violence in a variety of ways. Prevention initiatives look at how GBV can be prevented from happening. Whilst international treaties and legislation is important it is not enough to end GBV and strengthen responses. Addressing GBV is a complex issue requiring multi-faceted responses and commitment from all stakeholders, including government, civil society and other citizens. There is growing recognition in South
Africa of the magnitude and impact of GBV and of the need to strengthen the response across sectors (Dartnall, 2015).
Broadly speaking, approaches to addressing GBV can be divided into response and prevention.
Response services aim to support and help survivors of violence in a variety of ways (for instance medical help, psychosocial support, and shelter). Prevention initiatives look at how
GBV can be prevented from happening. Response services can in turn contribute towards preventing violence from occurring or reoccurring. Responses are important. Major strides are being made internationally on how to best respond and provide services for survivors of violence. WHO guidelines describe an appropriate health sector response to VAW including
86 providing post-rape care and training health professionals to provide these services (Jewkes,
2012).
WHO does not recommend routine case identification (or screening) in health services for VAW exposure, but stresses the importance of mental health services for victims of trauma. Much of our effort in South Africa has been focused on response. However our response efforts need to be supported and complemented by prevention programming and policy development. By addressing the underlying, interlinked causes of GBV, we can work towards preventing it from happening in the first place. At the same time, it is important to develop the evidence base further by exploring a range of other interventions that have the potential to be effective in a South
African context. Many actors, including government, civil society and funders, as well as community members, are working in creative and innovative ways every day to address GBV
(WHO, 2013).
For example, several civil society organizations are working with women’s groups to build their agency and empower them to address the issues that impact their lives, such as structural and interpersonal violence. Others are tackling specific drivers of GBV, such as substance abuse and gangsterism. Still others take a “whole community” approach to dealing with GBV, involving community members and leaders in the fight against violence in their communities (Millett,
2013). Many of these interventions have not yet been formally documented, but they are nevertheless promising models which play an important role in the overall fight against GBV.
While South Africa has high levels of GBV, we are also a leader in the field of prevention interventions in low and middle income countries. We are identifying models which work to respond to and prevent violence, and we can work on scaling those up to reach more people. At
87 the same time, as a society, we can work together to find new ways to address GBV, building the current evidence base and responding to this national crisis (Delano,1998).
According to Ekenrode et al., (2013) one of the main challenges for addressing GBV stems from the lack of evidence on the magnitude and characteristics of violence in different settings. There are many inconsistencies in the methods used by different researchers that make comparisons difficult across countries or even among studies within a given country. A report by USAID and others (2013) revealed a series of challenges facing the implementation of GBV prevention and response in Nairobi and Coast, Kenya ranging from lack of coordinated reporting mechanisms to shortage of personnel. For instance it emerged that health facilities where GBV survivors are treated are not required to report GBV cases; therefore, the post-rape care data are not linked to
Kenya’s national health information system. The report also revealed that Kenya lacks a social protection mechanism for GBV survivors that ensures their safety and protection; legal responses to GBV are slow and ultimately ineffective as cases can take more than three years to resolve, and the lack of financial support and protection services during the process leave survivors economically vulnerable, with little confidence that justice will be served. There are few police doctors who can effectively prosecute GBV cases. For instance there are only two police doctors in Coast and one in Nairobi (Guedes, 2004).
A study by Hanna & McLeen (2014) on “Gender Based Violence: Correlates of Physical and
Sexual Wife Abuse in Kenya" was able to demonstrate that women who do come forward in cases of rape in Kenya often face difficulties convincing police and other authorities, creating distrust and further barriers to help-seeking behavior.
88 An interview of the president Mary Mulhern Kincaid of Irish Group in 2012 revealed several challenges for addressing gender-based violence worldwide. These included stigmatization of women who have experienced violence. This reduces the number of women who are willing to report acts of GBV. The other challenge that she cited was social norm that violence is accepted/expected mainly among men and boys. HHRI, (2010) also perceived that referring to
GBV as violence against women (VAW) makes acts of GBV to be regarded as a women’s issue yet it is a societal issue that requires men and women, girls and boys to change the underlying gender norms and unequal power relations that perpetuate violence. Also HHRI indicated that those who do report violence to the authorities face difficulties navigating the parallel processes of the health and legal systems. That is to say does one go to the hospital first and get treatment or does one go to the police first and report the acts of GBV? In this view there is need that the health system and the police force are well integrated to deal with issues of GBV.
In Kenya even though the government has taken legislative reforms to address GBV, the challenge of regulating uncodified customary law practices and changing attitudes towards GBV especially among men and boys still remains unaddressed. The attitude of young men at the university need to be explored to find out if it is a challenge in addressing GBV in Kenyan
Universities.
2.8. Theoretical Framework
This study was guided by two theories namely feminist brand of theories and social learning theory Feminism is said to be the movement to end women's oppression. One possible way to understand ‘woman’ in this claim is to take it as a sex term: ‘woman’ picks out human females and being a human female depends on various biological and anatomical features (like genitalia).
89 Historically many feminists have understood ‘woman’ differently: not as a sex term, but as a gender term that depends on social and cultural factors (like social position). In so doing, they distinguished sex (being female or male) from gender (being a woman or a man), although most ordinary language users appear to treat the two interchangeably. More recently this distinction has come under sustained attack and many view it nowadays with (at least some) suspicion. This entry outlines and discusses distinctly feminist debates on sex and gender.
Feminism is a range of movements and ideologies that share a common goal which is to define, establish, and achieve equal political, economic, cultural, personal, and social rights for women.
This includes seeking to establish equal opportunities for women in education and employment.
A feminist advocates or supports the rights and equality of women. Among the proponents of feminism include Jewkes et. al, (2012). These feminists movements have campaigned and continue to campaign for women's rights, including the right to vote, to hold public office, to work, to earn fair wages or equal pay, to own property, to receive education, to enter contracts, to have equal rights within marriage, and to have maternity leave. Feminists have also worked to promote bodily autonomy and integrity, and to protect women and girls from rape, sexual harassment, and domestic violence.
Feminist campaigns are generally considered to be one of the main forces behind major historical societal changes for women's rights, particularly in the West, where they are near-universally credited with having achieved women's suffrage, gender neutrality in English, reproductive rights for women (including access to contraceptives and abortion), and the right to enter into contracts and own property (Joel, 2007). Although feminist advocacy is and has been mainly focused on women's rights, some feminists, including Bell Hooks (1952), argue for the inclusion
90 of men's liberation within its aims because men are also harmed by traditional gender roles.
Feminist theory, which emerged from feminist movements, aims to understand the nature of gender inequality by examining women's social roles and lived experience; it has developed theories in a variety of disciplines in order to respond to issues such as the social construction of gender.
The basic principles of feminism involve the view that the relationship between men and women has almost always been unequal and oppressive. The feminists argue that the extent of inequality and oppressiveness has varied greatly. According to them, this is because all known societies have been patriarchal. Patriarchy is a system in which males dominate females. With such arrangement all major social institutions have been characterized by male dominance. The feminists argue that the dominance is more pronounced in the economic sector which males use as a basis to subjugate females (Joel, 2007).
According to Langen (2007) males dominate the political arena and this gives the necessary power to manipulate females in all the other sectors including religion and the family. Women have usually accepted their subordination to men. They have socialized to believe that such arrangements are natural. Because all women are oppressed by patriarchal systems, they have profound common interests. All women are in some sense sisters. It is this sisterhood that binds them together. The social and biological reality of being female gives all women a fund of common experience. This common experience enables women to understand and communicate with each other. The feminists continue to argue that women usually feel more comfortable in the company of other women than in the company of males and that if women throw off the false consciousness arising from socialization into patriarchal culture; they quickly recognize the essential sisterhood of women.
91 The feminists, then, make a distinction between sex and gender which they say, are not the same thing. Sex refers to the biological identity of the person which signifies that one is either a male or female. One’s biological sex usually establishes a pattern of gendered expectations although biological sex is not always the same as gender identity. Moreover, the fact that one is born male or female does not mean that he or she will become stereotypically feminine or masculine.
Femininity and masculinity are cultural concepts that have fluctuating meanings and are learned differently by different members of the culture. They are relative to historical and cultural contexts in which they emerge.
The term ‘gender’ refers to the social and cultural and social and cultural aspects attributed to the biological distinction between men and women. It is a learned attribute as opposed to the biological trait. In other words though one may be born male or female one learns to become a man or a woman. Children internalize gender role expectations early in life (by the age of five) through the socialization process. The family, education, culture, socio-economic status, religion, region, media and ethnicity all play an important role in socialization. All societies have implicit conceptions of gender or stereotypes which they use to differentiate the treatment of girls and boys.
Leoschut, (2009) writes, “one is not born, but rather becomes, a woman”. Males and females are socialized to become masculine and feminine. These are social characteristics, not biological essences. The social requirement of being masculine or feminine is oppressive to males and females respectively. Compulsory masculinity is oppressive to males even though they use it to dominate women. This dominance has led to what Simone calls “The Invisibility of Women” which has been witnessed in the several sectors. The intellectual culture tends to make women invisible. The intellectual and artistic achievements of women are largely ignored. Some 92 histories of art do not mention a single female artist. The feminists conclude by saying that history is written as if women had no role in it and were hardly even present because historians discuss a great length the violent war-making capacities of males.
The history of the modern western feminist movements is divided into three "waves". Each wave dealt with different aspects of the same feminist issues. The term first wave was coined retroactively to categorize these western movements after the term second-wave feminism began to be used to describe a newer feminist movement that focused on fighting social and cultural inequalities, as well political inequalities. Feminists continued to campaign for the reform of family laws which gave husbands control over their wives.
First-wave feminism was a period of feminist activity and thought that occurred during the 19th and early 20th century throughout the Western world. It focused on legal issues, primarily on gaining the right to vote. The term first-wave was coined in March 1968 by Martha Lear writing in The New York Times Magazine, who at the same time also used the term "second-wave feminism".[1][2] At that time, the women's movement was focused on de facto (unofficial) inequalities, which it wished to distinguish from the objectives of the earlier feminists. The first wave comprised women's suffrage movements of the nineteenth and early twentieth centuries, promoting women's right to vote.
The second wave was associated with the ideas and actions of the women's liberation movement beginning in the 1960s. French philosopher Simone de Beauvoir provided a Marxist solution and an existentialist view on many of the questions of feminism with the publication of Le Deuxième
Sexe (The Second Sex) in 1949. In The Second Sex, Simone de Beauvoir downplayed her association with feminism as she then knew it. Like many of her associates, she believed that
93 socialist development and class struggle were needed to solve society's problems, not a women's movement. When 1960s feminists approached her, she did not rush to enthusiastically join their cause. As the resurgence and reinvention of feminism spread during the 1960s, Simone de
Beauvoir noted that socialist development had not left women better off in the USSR or in China than they were in capitalist countries. Soviet women had jobs and government positions but were still unfailingly the ones attending to the housework and children at the end of the workday. This, she recognized, mirrored the problems being discussed by feminists in the United States about housewives and women's "roles."
In The Second Sex, Simone de Beauvoir had famously stated, "One is not born, but rather becomes, a woman." Women are different from men because of what they have been taught and socialized to do and be. It was dangerous, she said, to imagine an eternal feminine nature, in which women were more in touch with the earth and the cycles of the moon. According to
Simone de Beauvoir, this was just another way for men to control women, by telling women they are better off in their cosmic, spiritual "eternal feminine," kept away from men's knowledge and left without all the men's concerns like work, careers, and power. The second wave campaigned for legal and social equality for women.
The third wave is a continuation of and a reaction to, the perceived failures of second-wave feminism, beginning in the 1990s (Muller et. al, 2014). The third wave does not acknowledge a collective “movement” and does not define itself as a group with common grievances. Third wave women and men are concerned about equal rights, but tend to think the genders have achieved parity or that society is well on its way to delivering it to them. The third wave pushed back against their “mothers” (with grudging gratitude) the way children push away from their
94 parents in order to achieve much needed independence. This wave supports equal rights, but does not have a term like feminism to articulate that notion. For third wavers, struggles are more individual: “We don’t need feminism anymore.”
This second theory that guided this study was the social learning theory. The theory proposed by
Albert Bandura (1977) postulates that people are born knowing nothing, they learn behavior from their immediate environment. Bandura proposed that social learning occurs in four main stages of imitation: Close contact, imitation of superiors, understanding of concepts and role model behavior. Violence therefore is learned by an individual as he/she grows up. Rotter (1945) suggests that the effect of behavior has an impact on the motivation of people to engage in specific behavior. People wish to avoid negative consequences, while desiring positive outcomes.
Social learning theory suggests that behavior is influenced by environmental factors and psychological factors. Social learning theory predicts prevalence rates of partner aggression will be higher for those “who have witnessed others they admire using aggression against a partner”
(Muller et. al, 2014).
Social learning theory also predicts those who hold definitions approving violence, who associate with perpetrators of violence, and who anticipate rewards (getting one’s way) with fewer costs will also have higher prevalence rates of partner aggression (Sellers et al., 2005).
Social learning theory to relevant to this study as it emphasizes socialization processes as the reason why intimate partner violence is present in society. In most campuses, men who are seen to be cohabiting with their girlfriends tend to have greater benefits. This is because they are kept.
This means that they have their food prepared for them, their rooms are kept clean and their clothes are washed regularly. Violence seems to take place when the female counterpart stops carrying out her duties. In most campuses a majority of cohabiting couples have a routine, both
95 attend classes in the morning, but the girl does not attend the noon classes because she goes to prepare lunch for both of them.
Culture plays an important role in the prevalence of IPV in Kenya. This is also seen in the university setting. Most cultures allow for a man to hit a woman when he feels she has wronged him. In campus this is also true; men especially from rural areas who begin relationships with female students are more likely to slap a female student when they disagree because it is a learned behavior. A majority of the female students do not take slapping, pushing, spitting, arm twisting and shoving to be acts of violence. They have seen this happen to their mothers, sisters, friends and neighbors and these women did not complain about it. They took it as a normal occurrence and went on with their daily lives.
A careful examination of the Kenyan society indicates that it is patriarchal in nature whereby male children have been socialized to dominate over their female siblings. This situation is likely to manifest itself in the university set up.
2.9. Conceptual Framework
96 Independent Variables Dependent Variables Institutional Gender Frameworks Institutional frameworks for Prevalence of GBV in curbing GBV in Kenyan Public Kenyan Public Universities Universities
Challenges facing Kenyan Public University frameworks to curb GBV
Intervening Variables
Religious Diversity
Cultural Diversity Source: Researcher, 2017
Figure 2.1: Conceptual Model
In this study the independent variables were institutional frameworks for curbing GBV in
Kenyan Public Universities and Challenges facing Kenyan Public University frameworks to curb
GBV. These were the variable subject to manipulation to make observation on the dependent variable which was Prevalence of GBV in Kenyan Public Universities. The institutional frameworks may be existing in a university but both religious and cultural diversities might interfere with its implementation. A good example is that some communities believe that beating is a way of disciplining an individual. Culturally when men are beaten by their wives or any other woman, they don’t report for fear of being laughed at. In some communities a women must be submissive. In some religions women are also supposed to be submissive. These among other cultural and religious practices might contribute to GBV prevalence rate at certain university.
This therefore makes both religious and cultural practices intervening variables.
2.10. Summary of Knowledge Gaps
97 According to the literature review it is clear that several forms of GBV exist among Kenyans particularly among the youths. Many studies have revealed that these forms of GBV are done against women and girls. Higher learning institutions are residential places for the youths. It is emerging that reports on the forms and prevalence of GBV in the Kenyan Institutions of higher learning are limited and the effectiveness in the implementation of frameworks to prevent GBV at educational institutions is not certain. The study has not effectively been carried in Kenyan public universities. The policies in place in the universities both nationally and internationally have not been effective in the attempt to reduce and clear the GBVs in those institutions. These have been slowed down by several challenges as reported by this review. Therefore the current study proposes to assess the effectiveness of institutional frameworks addressing gender based violence in universities in Kenya.
CHAPTER THREE
METHODOLOGY
98 Introduction
This chapter contains the research design that was used, target population of the study, sampling design and sample size, data collection instrument, validity and reliability of the study, data and representations procedures.
3.1. Study Area
Research was conducted in Kenyan public universities. The number of the public chartered universities by the year 2015 was 22. The vision of university education in Kenya is to provide accessible, relevant and sustainable quality university education while the mission is to assure quality university education by setting standards and monitoring compliance to achieve global competitiveness (CUE, 2015).
3.2. Research Design
A descriptive cross-sectional survey design was adopted for the study whereby randomly selected Public Universities, university students and staff members were used. This study design is suitable in getting a snapshot of an issue at a given specific time through questionnaires, interview schedules and document content analysis (Paluck, 2016). Both quantitative and qualitative research methods were used for data collection. Quantitative methods used semi- structured questionnaires while qualitative methods involved Key Informants Interview (KII)
Guides. The study described the nature of GBV in public universities and also the nature and effectiveness of the frameworks that have been put in place to address GBV in these universities.
Further, the challenges facing the frameworks in minimizing GBV were described. Face to face interviews were conducted to the deans of students, registrars in charge of academics, director’s gender issues, guidance and cancelling, chief security and health officers. The information
99 obtained from the interviews was on university management responses on GBV, policies and protocols involved in curbing the GBV, health facility management responses and their obligation on GBV. It, also, helped the researcher to get information on challenges facing university frameworks in place to curb GBV and implementation of national policies in addressing GBV. A summary of the research design is presented in table 3.1.
Table 3.1: Summary of Research Design
Measurable Research Specific Objectives Variables/Indicators design To assess the nature of GBV in selected Cross Sectional Public Universities in Kenya Nature of GBV survey To examine the effectiveness of institutional frameworks in curbing GBV in selected Effectiveness of Institutional Public Universities in Kenya frameworks Correlation To evaluate the challenges facing university Challenges facing university frameworks to curb GBV in selected Public framework to curb GBV in Cross Sectional Universities selected public Universities survey
3.3. Study Population
The target population is a group of people or study subjects who are similar in one or more ways and forms the subject of the study in a particular survey (Onoya, 2015). The study targeted public universities in Kenya. The target population was university students and staff members.
The staff members included the academic registrars, the deans of students, the director guidance and counseling, director gender issues, chief university security officers and chief university medical officers. The summary of the target population is as in table 3.2.
Table 3.2: Target Population
Category Frequency % Staff Members 21,000 4.99
100 Students 400,000 95.01 Total 421,000 100.00
3.4. Sampling strategies
Sampling is a procedure of selecting a part of a population on which research can be conducted.
Sampling, if scientifically done, ensures that conclusions from the study can be generalized to the entire population. A sample, on the other hand, refers to any group on which information is obtained (Parker, 2007). Sample size is dependent on a number of factors such as type of research design, method of data analysis and size of the accessible population. This study used purposive, simple random and systematic random, proportionate random sampling techniques to get the required samples.
3.4.1. Sample Size for Public Universities
The public universities were sampled out through simple random sampling to make a 30% sample size of the chartered public universities by the year 2015. These were: University of
Nairobi, Maseno University, Jomo Kenyatta University of Agriculture and Technology Moi
University, Dedan Kimathi University, Masinde Muliro University of Science and Technology,
University of Eldoret and Jaramogi Oginga Odinga University of Science and Technology. This gave a total of 8 Universities of which 3 were used in the pilot study and the remaining 5 used in the main study.
3.4.2. Sample Size for Students
101 Students formed the greatest percentage of the study population. Stratified random sampling was used to get students sample. Each university formed a strata, students’ sample size was determined proportionate to the students’ population from each university making a total of 384 students. However, an additional of 14% was added to buffer for non-responses, withdrawals, incomplete responses and questionnaires’ spoilage thus bringing the final sample size to 439; additional sample is suitable when a researcher needs to buffer for non-responses, withdrawals incomplete responses and questionnaires’ spoilage (Moolman et. al, 2016). According to
Mugenda and Mugenda (1999), a random sample is determined by the use of the following formula:
Z2 pq n= 2 d where n is desired minimal sample size (where population >10,000), Z is standard normal deviate which is at 95% confidence level of 1.96, p is the proportion of the target population estimated to have a particular characteristic being measured. In this case it is estimated to be 0.5 to minimize N since it is not known at the time of survey.
q=1−p=0.5 , d is the level of statistical significance set which in this case is 0.05.
5×0 .5 n=1.962×0. =384 The calculation is 0 .052
The sample was derived from the study population comprising of 400,000 students.
3.4.3. Sample Size for University Staff Members
102 The staff members were purposively sampled and participated in the study as follows. 1. Security officer, 1dean of students, 1 academic registrar, 1 health officer, 1director of guidance and counselling and 1 director of gender, from each university giving us a total of 30 respondents as senior staff members. A part from the senior staff members, 419 junior staff members were also purposively sampled out. The detailed procedure of sampling method used for each target population is presented in table 3.3.
Table 3.3: Sampling Strategy and Sample Size Study Sampling Unit Sampling Method Sample Size Senior Staff Members Purposive Sampling 30 Junior Staff Members Purposive Sampling 419 Students Simple Random Sampling 439 Total 888
3.5. Data Collection and Instruments
This study used both primary and secondary data. Primary data was collected using questionnaires and interviews. Secondary data was collected from secondary sources such as reference books, journals, indexes, abstracts and government publications. Data was collected by using the following instruments.
3.5.1. Questionnaire
Questionnaire is a data collection tool where questions are presented that is to be answered by the respondents in written form (Mbisi & Thabo, 2003). Questionnaires were chosen as tools of data collection because they can be self administered or administered through assistants. They are also less expensive, permit anonymity and results in more honest responses. There were 439
103 questionnaires that were administered to students and 419 questionnaires were administered to junior staff members; they were used to collect quantitative and qualitative data.
3.5.2. Interview Schedules
Face to face interviews were conducted with the deans of students, registrars, directors of gender issues, guidance and cancelling, chef security and health officers. These were 6 interviews in each university, making a total of 30 interviews during the study since 5 universities were sampled for the study. The information obtained from the interviews was on university management responses on GBV, policies and protocols involved in curbing the GBV, health facility management responses and their obligation on GBV; these were qualitative data. It also helped the researcher to get information on challenges facing university frameworks in place to curb GBV and implementation of national policies in addressing GBV. The interview contained open ended questions that enabled the respondents to feel fully part of the study. This allowed probing and getting more explanations having clear guide to limit confusions.
3.5.3. Document Content analysis
Document content analysis which entailed collecting quantitative data and information related
GBV were derived from the security offices, deans of students offices, registrars academics, director guidance and cancelling; and gender offices of the respective universities on reported cases of GBV, institutional policies and regulations governing GBV. Records of reported cases and treatment of GBV victims was obtained from the university health facilities. The summary of the study instruments used in this study is shown in table 3.4.
104 Table 3.4: Data Collection instruments Data Collection Study Population Unit Sampling Method Sample Size Instruments Senior Staff Members Purposive 30 Interview Junior Staff Members Purposive 419 Questionnaires Students Simple Random 439 Questionnaires Source: Researcher (2015)
3.6. Pilot Study Piloting was done in three universities namely, Maseno University, Jomo Kenyatta University of
Agriculture and Dedan Kimathi University of Science and Technology. These universities were not used in the main study. The constructed questionnaires were tried out in preparation to the main study. The pilot study was done to develop and test adequacy of research instruments, designing research protocols, checking whether the protocols were realistic and to check the sampling framework. Adjustment to the tools was made as per the advice of the experts and based on the general findings from the pilot study.
3.7. Validity and Reliability of the Study
The researcher consulted the supervisors of this study and other specialists to check validity and reliability of instruments.
3.7.1. Validity
Orodho (2004) defines validity as “the degree to which an empirical measure of a concept accurately represents that concept”. In this study, expert judgement of content validity was used.
The decision to use expert judgment as a method of determining validity was guided by Pepfar
(2012). The instruments were scrutinized by the supervisors of this study to judge the items on their appropriateness of the content and to determine all the possible areas that needed modification so as to achieve the objectives of the study.
105 3.7.2. Reliability
Reliability is “the degree to which a measuring procedure gives equivalent results over the number of repeated trials” Pettifor et. al, (2004) adheres to the motion that consistency with questionnaire items or individual scores can be determined through test-retest method at two different times. This attribute of the instrument is referred to as stability. Result should be similar for a stable measure. A high degree of stability indicates a high degree of reliability, which means the results are repeatable. The research instruments were pretested to ascertain their reliability.
Reliability analysis was done using Cronboch’s alpha which is a statistics that determines internal consistency based on the average inter-item correlation.
High coefficient implies that items correlate highly among themselves meaning there is consistency among the items in measuring the concept of interest. This is sometimes referred to us homogeneity of data whereby the researcher can confidently depend on the information gathered. A high alpha value (Preferably greater than 0.6) indicates high level of consistency of the instrument in measuring the variables at hand.
3.8. Research Operationalization
Through careful observations a problem was identified and statement of the problem was written by beginning with research question making the research topic to develop opinion. The research outline was then made to keep the study and the topic focused. A research strategy was developed by making a list of keywords that might be useful in the research.
Document content analysis which entailed collecting information related to GBV were derived one at a time from the security offices, deans of students, registrars, directors of gender issues, guidance and cancelling departments, and health officers of the respective universities. The 106 information gathered were on reported cases of GBV, institutional policy frameworks and regulations governing GBV.
A face to face interview was conducted to deans of students, registrars, directors of gender issues, guidance and counseling officers, chef security officers and health officers at their own convenient time. The information obtained from the interviews was on university management responses on GBV, policies and protocols involved in curbing the GBV, health facility management responses and their obligation on GBV. The interview contained open ended questions that enabled the respondents to feel fully part of the study. This allowed probing and getting more explanations having clear guide to limit confusions.
Questionnaires were then administered to both students and junior staff members. This was to gather information on socio-demographic, nature of GBV in public universities, availability of institutional frameworks and their effectiveness; and challenges facing the institutional frameworks in curbing GBN.
3.9. Data Analysis and Presentation
Terefe & Mengistu (2015) describe data analysis as the process through which the data that have been collected are examined. It involves uncovering underlying structures, extracting important variables, detecting any anomalies and testing any underlying assumptions. It involves scrutinizing the acquired information and making inferences. Data collected from the respondents were coded for analysis using statistical package for social sciences (SPSS) version
20. Both qualitative and quantitative data were analyzed. Data was sorted, edited and classified according to various categories, coded and tabulated for analysis in accordance to the objectives of the study. The quantitative data was analyzed by SPSS in terms of comparative frequencies
107 and percentages. Correlation was used to identify the relationship between forms of GBV and institutional frameworks in place within the sampled public universities. Content analysis was used to analyze qualitative data and the results were presented as emerging themes. The detailed analysis and presentation of each study objective is shown in table 3.5.
Table 3.5: Data analysis and Presentation Measurable Research Specific Objectives Variables/Indicators design Data Analysis To assess the nature of GBV in selected Public Universities in Cross Kenya Nature of GBV Sectional Descriptive To examine the effectiveness of institutional frameworks in Effectiveness of curbing GBV in selected Public Institutional Universities in Kenya frameworks Correlation Descriptive Challenges facing To evaluate the challenges university facing university frameworks to framework to curb curb GBV in selected Public GBV in selected Cross Universities public Universities Sectional Descriptive Source: Researcher (2015)
3.10. Ethical Consideration
The researcher obtained permission from the relevant institutions including Kisii University, school of graduate studies. A research permits from National Commission of Science,
Technology and Innovation. The researcher then reported to the Deputy-Vice Chancellors in charge of research in the sampled universities about the intended study and requested their permission to do so. The researcher then contacted relevant key staff informants for familiarity and request for cooperation. They were assured of confidentiality and that data collected would not be divulged to a third party other than for the purpose of this current study.
CHAPTER FOUR
108 DATA PRESENTATION AND DISCUSSION OF RESULTS
Introduction
This chapter presents, interprets and discusses findings of the study. The overview of the respondents is first given. Then, the objectives are progressively tackled. Each objective is addressed in considerations to relevant variable. Finally the findings are discussed taking into account the related studies. The findings are presented in tabular form. The interpretation engaged trend as well as statistical interpretation. Discussion links the current’s results to related study findings from relevant literature.
4.1. Demographic Information
The study investigated the age range of the students who participated in the study. Demographic information is statistical data about the characteristics of a population, such as the age, gender and income of the people within the population. This helped researcher to breakdown overall survey response data into meaningful groups of respondents
4.1.1. Age and GBV Prevalence
This was to find out if the prevalence of GBV could be influenced by age group. According to table 4.1, most of the students who participated in this study were of 20-22 age range, these were
186 (48.5%) followed by 79 (20.5%) within 17-19 age range. There were 58 (15.0%) and 25
(6.4%) students who were within the age ranges of 23-25 and 26-28 respectively.
Table 4.1: Age range of the students’ participants and frequencies
109 Age Frequency % 17-19 86 20.5 20-22 203 48.5 23-25 63 15 26-28 27 6.4 29-31 5 1.1 32-34 1 0.2 35-37 0 0 38-40 0 0 40-42 0 0 43-45 1 0.2 46-48 1 0.2 Total 419 100
Within 29-31 age range there were 5 (1.1%) students while one student was found to be within age range of 32-34, 43-45 and 46-48 in each case. The study also identified the students’ respondents in terms of gender as shown in figure 4.1. This was to help the researcher identify the association between the number of GBV incidence and gender of the students.
This study agree with the finding according to Reddy et.al, (2013) in their study on South
African National Youth Risk Behavior Survey which was carried out in one of the university in that country who observed that over 58% of the university students admitted having ever experienced one or more forms of gender based violence since joining the university. Of the students who experienced violence, 22.8% experienced physical violence, 22.2% reported sexual violence and 50.8% endured emotional and verbal violence. They also found out that the experience of GBV varied by socio-demographic characteristics. By age, the prevalence was highest among students in the 20-24 years age bracket and lowest among the age group 25-29.
This difference, however, was not statistically significant. Single students were more likely to have experienced GBV compared to those that have ever been married (62.3% vs. 47.1%
110 respectively). Law students were least likely (50.6%) to experience violence compared to students from other faculties. In contrast, students from the faculty of social and management sciences were most at risk (71.4%) followed by medical students (59.0%) and students from the faculty of education (54.3%), in decreasing order.
This was also supported by Salkind, (2004) in their study on welfare involvement of mothers with mental health issues who found out that the GBV is much prevalence among the youths of age 18-20 compared to those who are older.
4.1.2. Gender and GBV Prevalence
Figure 4.1: A pie chart showing the students gender difference
There were more male students than their counterpart female students. These were 264 (60.1%) male students and 175 (39.9%) female students. According to this study there were more male students at the Kenyan public universities. This means that the male students were more willing to share their experiences on the GBV. Although more female than male students have been identified to have experienced GBV (Jewkes, 2012) this study found out that most of female students could not share related information with the researcher. The study agreed with the findings of a report by WHO, (2013) on Responding to intimate partner and sexual violence 111 against women which found out that majority female GBV victims are not free to share their experiences with strangers compared to their male counterparts. South African Council of
Educators (2015) on their School-Based Violence Report: An Overview of School-Based
Violence in South Africa found out the female students feel shy to fully reveal their GBV experience information compared to the male students.
4.1.3. Marital Status and GBV Prevalence
The study then identified the students’ respondents with their marital status as shown in figure
4.2. The researcher’s aim in this case was to identify the relationship between occurrence of
GBVs and marital status among the university students.
Figure 4.2: Pyramid showing the students marital status.
Based on figure 4.2, there were 48 (10.9%) married and 391 (89.1%) students who participated in this atudy. It was then noted that unmarried students were more than the married. The study found out that there were single students than married students at the universities. The single students who participated in this study gave their testimonies on their GBV experience. This result concured with finding of Hannah et. al, (2016) on Effectiveness of Intervention, Programs and Strategies for GBV Prevalence in Learning Institutions who made an observation that majority of the regular students at the universities are single. It was also supported by Sendo and 112 Meleku, (2015) in their study on Prevalence and factors associated with sexual violence among female students of Hawassa University in Ethiopia. They found out the prevalence was high among the single students. In terms of marriage status, most of single students participated in that study, this revealed the difference between the number of single and married students in the universities.
4.1.4. Religion and GBV Prevalence
The study therefore investigated the students respondents in terms of religion as can be seen in figure 4.3. According to the researcher, religions of the students could be a factor incase various forms GBVs were identified.
Figure 4.3: 3-Dimension Cylinder showing the religion of students’ respondents.
There were 400 (91.1%) Christians, 38 (8.7%) Muslims and 1 (0.2%) respondent who was not identified with any religion. This means that there were more Christians than any other religion among the sampled students. This comes as a given since Christianity is the dominant religion in
Kenya. This study agrees with study findings by Slegh et. al, (2014) in their research on Gender
Relations, Sexual and Gender Based Violence and the Effects of Conflicts on Women and Men in
North Kivu, Eastern Democratic Republic of the Congo. They revealed that according to
Catholic Church, prevention of divorce may keep millions of women in abusive marriages.
113 They reported Catholic GBV victim’s suffering, unrelenting violence and unceasing pain. The victim would wish to stay away from her husband but still loved him. A victim could leave a violent husband, perhaps followed by divorce. Divorcing a violent husband doesn’t prevent her from being a good Christian. If her congregation fails to support her, she could move to a protestant church with the hope of getting more help (Aune, 2011). The 2012 Council of Europe
“Convention on preventing and combating violence against women and domestic violence”
(Istanbul Convention) may help; but “the Catholic Church has officially declared itself against the ratification” (Szelewa, 2015).
4.1.5. Student Residential Area and GBV Prevalence
Study established the residential places of the students, those who were living at the university and those who were not. It was to examine the association between the residential places of students and the occurrences of the GBVs. The results were as shown in the figure 4.4.
Figure 4.4: A bar graph showing the residental places of students respondents
Among the students, 291 of them were found to live within the university while the rest were 114 none university residents. These constituted 66.3% and 33.7% of the university residents and none university residents respectively. This result is supported by a research finding by
Potgieter et. al, (2012) in their study on Lesbian, Gay and Bisexual Citizenship: a Case Study as Represented in a Sample of South African Life Orientation. They found out that.
Differences in experience of GBV by place of residence was also statistically significant, whereby students staying on campus had a prevalence of 69.9% compared to 51.7% among those living outside the university campus. According to them, this may be because of peer influence and living very closer to their opposite sex counterparts and freedoms within the university hostels.
4.1.6. Student Residential Area before Joining University and GBV Prevalence
The study then identified the places of recidents of the sampled students before they joined university. The results obtained were as in table 4.2.
Table 4.2: Residential places of students before joining university Residence Before Joining N % University Rural 224 51.0 Urban 215 49.0
According to table 4.2, the study found out that 224 (51.0%) of the students were living in the rural areas while 215 (49.0%) of them were living in urban areas before they joined the university. This was carried out to find out whether the presidential palace before joining university could influence their social life toward GBVs. The students in who lived in the rural areas were reported to have experienced many forms of GBV. According to Clinical &
Community Approach in Rural Kenya Research on Factors Leading to GBV against Women and
115 Girls in Kenya, (2013), this could be because of the minimal exposure to them and in the process of learning new social life they may end up being involved in the practices.
4.1.7. Student Academic Year of Study and GBV Prevalence
The study then identified the number of students who participated in the study per academic year.
This is because the academic years could be a factor in the contribution toward the GBVs. The obtained results were as shown in figure 4.5.
Figure 4.5: Bar graph showing the frequency of students per academic yaer of study
The figure revealed that there were 135 (30.8%) first year students who took part in the study,
117 (26.7%) of the students were in their second year of study .The third year students who participated in the study were 112 making 25.5% of the total students. Fourth and fifth year students were 65 (14.8%) and 10 (2.3%) respectively. A study result by Education Insight (2010) for Vision 2030 Report on Targets Increased University Enrolment and the consequences showed that many of the students who suffer the experience of new social life at the universities including GBV are the first years. This is because most of them may easily be influenced by senior fellow students because of the new environment naivety. According to Anderson et. al, 116 (2001) found out that some of the first year students are young and depends on their senior counterparts for the orientation in university social and academic life. This exposes them more to
GBV perpetrators.
4.1.8. Student Year of Employment and GBV Prevalence
Their year of employment was also identified as in table 4.3.
Table 4.3: Year of employment of the students Years N % Not Employment 378 86.1 Less than 1 41 9.3 2-3 Years 9 2.1 3-4 Years 4 0.9 4-5 Years 7 1.6
Most of the students were not employed. These were 378 (86.1%) students, those who had been employed for less than a year were 41 (9.3%) students, those who had been in the employment for between 2-3 years and 3-4 years were 9 (2.1%) students and 4 (0.9%) students respectively.
Lastly those who had been in their jobs for a period between 4-5 years were 7 (1.6%). According to this study majority of the students are unemployed and they experience more GBV than their counterparts who are employed. This finding is supported by a study finding by Eggart (2016) in his study on Sex differences in social behavior, he identified love of money by financially unstable students as one of the reasons why they get engaged on sexual relationship in order to get money to get their daily needs. This result also concurred with that of Hanna & McLeen
(2014) who revealed that funds controls a good percentage of social life among the college 117 student. They stressed that being financially unstable may lead more female than male college student into sexual relationship with older people and their fellow students who are financially stable.
4.3. Forms of GBV in Public Universities in Kenya
The study investigated about the causes of GBV the results obtained were recorded as in table
4.4.
Table 4.4: Causes of GBV as stated by students Male Female Yes % No % Yes % No % Interpersonal conflict 22 8.3 242 91.7 16 9.1 159 90.9 Alcoholism 108 40.9 156 59.1 37 21.1 138 78.9 Drug and substance 141 53.4 123 46.6 62 35.4 113 64.6 abuse Society encourages the 98 37.1 166 62.9 59 33.7 116 66.3 violence Patriarchy (male 101 38.3 163 61.7 77 44.0 98 56.0 dominance) Poverty/stress 76 28.8 188 71.2 64 36.6 111 63.4 Mental disturbance 90 34.1 174 65.9 40 22.9 135 77.1 Raping instincts 62 23.5 202 76.5 104 59.4 71 40.6 More powerful 26 9.8 238 90.2 132 75.4 43 24.6 perpetrator than victim Peer pressure 169 64.0 95 36.0 127 72.6 48 27.4 No fear of consequence on the part of 36 13.6 228 86.4 73 41.7 102 58.3 perpetrator
According to table 4.4, interpersonal conflict was confirmed by 22 (8.3%) male students and 16
(9.1%) of the female students. 242 (91.7%) of the male and 159 (90.9%) of the female students disagreed with the idea of interpersonal conflict as a cause of GBV. Alcoholism was identified by
108 (40.9%) of the male and 37 (21.1%) of the female students as a cause of GBV at the universities. Drug and substance abuse identified by 141 (53.4%) male students and 62 (35.4%) 118 female students. This was denied by 123 (46.6%) of the male students and 113 (64.6%) of the female students. Some of the students accepted that society encourages the violence; these were
98 (37.1%) male students and 59 (33.7%) female students. The rest of the students said the contrary. Male dominance was a factor to 101 (38.3%) of the male students and 77 (44.4%) of the female students as one of the causes of GBV; 163 (61.7%) male students and 98 (56.0%) of the male students denied that male dominance is not a factor. Poverty/Stress, mental disturbance and raping instinct were noted by 76 (28.8%), 90 (34.1%) and 62 (23.5%) of the male students as causes of GBV though 188 (71.2%), 174 (65.9%) and 202 (76.5%) disagreed with that. For the female students Poverty, mental disorders and raping instincts were found to be factors in the rising cases of GBV, this was supported by 64 (36.6%), 40 (22.9%) and 104 (59.4%) female students in that order. Other causes according to students were issues to do with more powerful perpetrators than victims supported by 26 (9.8%) male students and 132 (75.4%) of the female students, peer pressure and no fear of consequences on the part of the perpetrators were also noted by 169 (64%) and 36 (13.6%) respectively. This was also conducted among the staff members and the information gathered was recorded as in table 4.5.
119 Table 4.5: Causes of GBV as stated by Staff Members Femal Male e Yes % No % Yes % No % Interpersonal conflict 9 4.8 180 95.2 13 5.7 217 94.3 49. 53. 94 95 50.3 124 106 46.1 Alcoholism 7 9 73. 73. 138 51 27.0 168 62 27.0 Drug and substance abuse 0 0 22. 31. 43 146 77.2 72 158 68.7 Society encourages the violence 8 3 48. 47. 91 98 51.9 108 122 53.0 Patriarchy (male dominance) 1 0 31. 52. 60 129 68.3 120 110 47.8 Poverty/stress 7 2 10. 12. 19 170 89.9 29 201 87.4 Mental disturbance 1 6 36. 79. 69 120 63.5 182 48 20.9 Raping instincts 5 1 More powerful perpetrator than 34. 75. 65 124 65.6 173 57 24.8 victim 4 2 82. 69. 156 33 17.5 159 71 30.9 Peer pressure 5 1 No fear of consequence on the 55. 45. 105 84 44.4 104 126 54.8 part of perpetrator 6 2
The staff members also confirmed that interpersonal conflict, alcoholism, drug and substance abuse to be causes of GBV. These were confirmed by 9 (4.8%), 94 (49.7%) and 138 (73.0%) of the male staff members respectively. These were common causes of GBV to 13 (5.7%), 124
(53.9%) and 62 (27.0%) in that order. The rest disagreed that these were some of the causes of
GBV. Society encouraging violence, male dominance and stress were some of the causes of GBV according to 43 (22.8%), 91 (48.1%) and 60 (31.7%) of the male staff members as per the arrangement of the numbers and percentages; 146 (77.2% male staff disagreed with violence encouragement by the society as a factor fueling GBV, 98 (51.9%) and 129 (68.3%) of the male staff member did not agree with male dominance and poverty as some of the causes. Mental
120 disturbances, raping instincts and having more powerful perpetrators than the victims were noted by 19 (10.2%), 69 (36.5%) and 65 (34.4%) male staff, respectively. A similar order of agreement was identified by 29 (12.6%), 182 (79.1%) and 173 (75.2%) female staff member; the rest of the staff members did not approve the alleged causes. Peer pressure was also noted as causes; this was according to 156 (82.5%) and 71 (30.9%) male staff members, no fear of the consequence also was pointed out by 105 (55.6%) male staff members and 104 (45.2%) of the female staff.
Existence of various forms of GBV in our societies may be real and few individuals have reported cases involving the same. This does not leave outside our learning institutions, religious organizations and working places. Most of these forms of GBV have not been deemed offensive before the law by majority of perpetrators. Having assessed core common forms of GBV in the society, the study sought to identify the nature of GBV in some selected Kenyan Public
Universities. This was conducted among sampled university students and members of staff. The results were as shown in table 4.1 and 4.2.
According to table 4.1, 6 (1.4%) out of 439 students could not identify any form of GBV, 8
(1.8%) students agreed that there is rape while 6 (1.4%) students could identify the existence of defilement. Sexual assault was singly noted to exist in the selected public universities by 18
(4.1%) students. Psychological humiliation alone was spotted by 16 (3.6%) out of 439 sampled university students. Abusive language is a form of GBV that was common in these universities as was ascertained by 44 (10.0%) of the students.
121 Table 4.6: Students Responses on existence of various forms of GBV at the university Frequency Percent 1.None 6 1.4 2.Rape 8 1.8 3.Defilement 6 1.4 4.Sexual assault 18 4.1 5.Psychological Humiliation 16 3.6 6.Abusive language 44 10.0 7. Restrictions or denial of 6 1.4 freedom of movement 8. Isolation from friends by husband 6 1.4 9.Frustration 17 3.9 10.Rape, Sexual assault 2 .5 11. Defilement and Killing 2 .5 12.Rape, Defilement, Sexual assault, Hitting/battering/beating, 29 6.6 Psychological Humiliation, Abusive language 13.beating, Psychological Humiliation, Abusive language, Restrictions, 171 39.0 murders of GBV victims, Isolation by husband 14. Denial of freedom of movement, murders of GBV victims, Isolation by 106 24.1 husband, Frustration, Discrimination 15. Rape, Sexual Assault, Psychological 2 .5 Humiliation Total 439 100.0
Restrictions or denial of freedom of movement and isolation from friends by husbands
were each confirmed by 6 (1.4%) of the students while frustration was common in these
122 universities according to 17 (3.9%) of the students. Some of the students had experienced multiple forms of GBV as was determined by 2 (0.5%) of the students who identified both rape and killing to be usual forms of GBV in their higher learning institutions. Similarly rape and killing of the GBV victim had been discovered by 2 (0.5%) of the students.
Rape, defilement, sexual assault, battering, beating, psychological humiliation and use of abusive language to the GBV victims had been found out as widespread forms of GBV in some of these universities. These were supported by 29 (6.6%) of the students. Beatings, psychological humiliation, abusive language, restrictions, murders of GBV victims, isolation by husband could frequently be identified to exist in most of the sampled public universities as was mentioned by 171 (39.0%) of the students. Denial of freedom of movement, murders of GBV victims, Isolation by husband, Frustration and discrimination were the forms of GBV that were well known to 106 (24.1%) of the student to be living with them at the universities. Finally 2 (0.5%) of the students could be in agreement that
Rape, Sexual Assault, Psychological Humiliation had been real forms of GBV in their universities.
According to the majority of university members of staff, 282 (67.3%) of them did not know of the existence of any form of GBV in the university. This was not a fact to the rest of the members of staff where 5 (1.2%) agreed that rape cases have been reported to their offices by the GBV victims. Defilement is a form of GBV known to 33 (7.9%) of the staff member to be taking place at the universities where they normally work. Sexual assault as a form of GBV was not left out of mentioning by the university members of staff where 15
(3.6%) of them approved its occurrences at the universities.
123 Table 4.7: Staff Responses on existence of various forms of GBV at the university Frequency Percent 1. None 282 67.3 2. Rape 5 1.2 3. Defilement 33 7.9 4. Sexual Assault 15 3.6 5. Hitting/Battering/Beating 7 1.7 6. Trafficking of University Girls 4 1.0 7. Psychological Humiliation 4 1.0 8. Abusive Language 3 .7 9. Restrictions or Denial of Freedom of 2 .5 Movement 10. Discrimination 1 .2 11. Rape, Defilement 5 1.2 12. Rape, Defilement, Sexual Assault 17 4.1 13. Rape, Defilement, Sexual Assault, 16 3.8 Hitting. 14. Rape, Defilement, Sexual Assault, 16 3.8 Hitting, Trafficking Girls 15. Rape, Defilement, Sexual Assault, Hitting, Trafficking of University 7 1.7 Girls, Psychological Humiliation 16. Rape, Defilement, Sexual Assault, Hitting, Trafficking of Girls, 2 .5 Psychological Humiliation, Abusive Language Total 419 100.0
Hitting, battering and beatings made part of the cases that 7 (1.7%) of the members of staff had identified to be existing in the public universities. Trafficking of the university girls and psychological humiliation had been known to be happening in the public universities
124 according to 4 (1.0%) of the members of staff in each case. Application of abusive language could be noted by 3 members of staff making 0.7% of the sampled members of staff. Restrictions or denial of freedom of movement was acknowledged by 2 (0.5%) members of staff to be an aspect of GBV in the universities. Discriminations had been a form of GBV in the public universities as was ascertained by 1 (0.2%) staff member. Rape and defilement are some of the forms of GBVs that could be identified by 5 (1.2%) members of staff to exist in their respective work places. In a multiple identifications rape, defilement and sexual assault were well known to 17 (4.1%) of the workers to be happening at the universities. In addition to rape, defilement, sexual assault and heating, trafficking of university girls were noted by 16 (3.8%) members of staff to be happening at the universities. According to 7 (1.7%) members of staff, rape, defilement, sexual assault, hitting, trafficking of university girls, psychological humiliation were the commonly experienced GBVs in the universities where they work. One member of staff said:
Hawa wasichana wanasumbuka sana kwa vile hawana uwezo. Hata wakieleza manaeno yao hawasikilizwi. They are just poor gilrs from humble backgrounds. You can just see it over their faces. Other 2 (0.5%) of the members of staff acknowledged that rape, defilement, sexual assault, hitting, trafficking of girls, psychological humiliation and abusive language were multiple
GBV cases that they had experienced.
125 Male Female
Yes % No % Yes % No %
Question Have you EVER while at the University experienced any acts violence from an 49 18.6 215 81.4 99 56.6 76 43.4 intimate partner, past or present During the LAST 12 MONTHS while within the university, have you experienced 122 46.2 142 53.8 137 78.3 38 21.7 any acts of violence from an intimate partner, past or current Have you EVER while within the university experienced sexual violence from an 51 19.3 213 80.7 134 76.6 41 23.4 intimate partner, past or present Have you EVER while at the university experienced any type of the above acts of 110 41.7 154 58.3 130 74.3 45 25.7 violence from someone other than an intimate partner, past or present? During the LAST 12 MONTHS while at the university, have you experienced any type of 132 50.0 132 50.0 133 76.0 42 24.0 violence from someone other than an intimate partner, past or current? If you EVER while within the university experienced sexual violence from an 17 6.4 247 93.6 52 29.7 123 70.3 intimate partner, past or present, did you or anyone else report the act of violence? Table 4.8: Nature of GBV experienced by university students.
126 While at the university 49 (18.6%) male students and 99 (56.6%) of the female students had experienced acts violence from an intimate partner, past or present while 215 (81.4%) male students and 76 (43.4%) of the female students had not experienced any act of violence. These were according to table 4.8. During the last 12 months while within the university, 122 (46.2%) male students and 137 (78.3%) female students had experienced any acts of violence from an intimate partner, past or current. This confirmed the first question. Among the students 142
(53.8%) male students and 38 (21.7%) of the female students had not witnessed such violence.
There were 51 (19.3%) male students and 134 (76.6%) female students had experienced sexual violence from an intimate partner, past or present while at the university. When asked whether they had ever while at the university experienced any type of the first three acts of violence mentioned above from someone other than an intimate partner, past or present, 110 (41.7%) of the male students and 130 (74.3%) of the female students had been victims by experience while
154 (58.3%) of the male students and 45 (25.7%) of the female students had not experienced so.
During last 12 months while at the university and had experienced some types of violence from someone other than an intimate partner, past or current 17 (6.4%) male students and 52 (29.7%) female students had experienced sexual violence from an intimate partner, past or present, did you or anyone else report the act of violence. This was not the case with 247 (93.6%) male and
123 (70.3%) female students.
127 Table 4.9: Types of Sexual Violence experienced by those who had been GBV victims while at the University Male Female Types of Sexual Violence N % N % Physically forced you to have sexual intercourse 14 27.5 68 50.7 against your will Made you afraid of what your partner would do if 11 21.6 12 9.0 you did not have sexual intercourse Forced you to do something sexual you found 26 51.0 54 40.3 degrading or humiliating Total 51 100.0 134 100.0
The students were asked to identify types of sexual violence they had experienced if at all they had experienced any in table 4.9 while within the university from an intimate partner, past or present; 14 (27.5%) male students and 68 (50.7%) female students had been physically forced you to have sexual intercourse against your will. Another group of 11 (21.6%) male students and
12 (9.0%) female students had been made afraid of what their partner would do if you could not have sexual intercourse. A part from those 26 (51.0%) male students and 54 (40.3%) female students had been forced to do something sexual which they found degrading or humiliating.
In a situation of sexual violence experience, the students are supposed to take the first step to report the case to the relevant authority. Based on this the study investigated the services that had been provided to GBV victims who had incase reported the matter to any authority.
Based on the results obtained from students respondents, only 6 (1.4%) out of 439 students were not aware whether that GBVs exist in the universities. More students had multiple experiences of
128 GBVs in their universities; more than 170 students could identify beating, psychological humiliation, abusive language, restrictions, murders of GBV victims, isolation by husband. This constituted more than 38% of the students. Another 106 (24.1%) students had discovered a number of GBVs in their universities; these were denial of freedom of movement, murders of
GBV victims, isolation by husband, frustrations and discriminations. Use of abusive language to the victim attracted 10% of the learners. It was a pair of defilement and killing that was discovered by the lowest number of students; 2 (0.5%) spotted the two forms of GBV.
According to the students, rape, sexual assault and psychological humiliation were the most common GBVs in the universities. Rape, defilement, use of abusive language sexual assaults and psychological humiliation were found by the students to be common GBVs within the universities because they could be mentioned individually or forming part of the multiple GBVs as they had mentioned.
In line with responses from the university members of staff more than half of them had not received even a single report on existence of the GBV at the university. These were 282 (67.3%) of the members of staff who responded to a question about existence of written policies or protocols in the universities that addresses GBV. They denied any existence of such GBVs in the universities where they work. One member of staff had this to say about whether the University has distributed written information about legal issues (e.g. confidentiality rules, laws on criminalization of GBV) to all students and staff members:
Hapana sijaona unless uulize pale gender office. I have heard of such cases but I can’t confirm their existence. At most they border rumors since there is no documented evidence. Outsiders want to tarnish the image of our university. Another respondent said, “the university has just given the rules and regulations on the admission handbook, apart from that, there is none.” 129 A close examination of the above claim revealed that most members of staff would not divulge information that would de-market their university. Consequently, they hide information relating to GBV in their universities. According to Bannerji, in his article,"A question of silence:
Reflections of violence against women in communities of color", most people would rather die in silence than to release information that would shame them.
The rest of the members of staff confirmed that they had received reports of at least one case of
GBVs in their working places. Defilement as a single form of GBV took the lead when 33
(7.9%) of the members of staff mentioned it; it was also pointed out in all the six multiple mentions of the GBV. In mentions of single form of GBV case sexual assault was the second with 15 (3.6%) of the members of staff referring to their memory about its existence at the universities where they work.
Sexual assault was also mentioned among other six multiple GBV identifications. However, when probed further, there was no general agreement on what constituted sexual assault.
Beating/hitting/battering was third in ranking according to the 7 (1.7%) of the university members of staff. This was explained by the socialization that most of the perpetrators have undergone which do not see anything wrong with “disciplining” women. It was declared by other
41 (9.8%) members of staff in multiple GBV confirmations. Apart from 5 (1.2%) of members of staff mentioning rape as an individual form of GBV, it was also mentioned by 63 (15.0%) of the members of staff in other case of multiple GBV indications. Therefore, according to the members of staff rape, defilement, sexual assault, hitting, beating and battering were the common forms of
GBV in their working places. One respondent was of the view that, “Vitu kama vita kati ya wanafunzi inaregulatiwa na university regulations.” (Issues like fights between students is regulated by university regulations). 130 The researcher then carried out a comparison of common forms of GBV that could be identified by both students and members of staff. According to results in table 4.6, application of abusive language, defilement, psychological humiliation, rape, restrictions from movement and sexual assault were the common forms of GBV that could be identified by both students and members of staff. There were three forms of GBVs that could be mentioned by the students such as frustrations, hitting/beatings and isolation from friends which the members of staff could were aware of. Majority of respondents mistakenly identified GBV with physical abuse.
Physical abuse is just one form of violence. International law defines violence against women as
“any act of gender-based violence that results in, or is likely to result in, physical, sexual or mental harm or suffering to women” (DEVAW, Article 1). For example, prevalence research from Romania shows that 18,5% of women experienced psychological violence from family members including intimate partners; the percentage for economic violence was 5,3% (Centrul de Sociologie Urbana si Regionala 2008). Some studies show that women often consider psychological abuse and humiliation more devastating than physical assault (Casey 1988, cited in Heise et al 1994).
131 Table 4.10: Identification of common forms of GBV according to both students and members of staff Frequency of Frequency of mentions mentions individually individually and in a and in a multiple multiple GBV GBV mentions by mentions by Members GBV Students of staff Abusive Language 3 2 Defilement 3 7 Discriminations 0 1 Frustrations 2 0 Hitting/Beatings 2 0 Isolations from friends 3 0 Psychological 4 3 Humiliations Rape 4 7 Restrictions from 2 1 Movement Sexual Assault 4 6 Trafficking of 0 4 University Girls
When asked about GBV, students replied, “GBV ni kama vita ingiine tu. The management deals with it like any other violence. From the table above it was clear that any act that was negative on the part of the students was reported highly while anything that touched on their reputation was reported lowly. A case in point is the one touching on trafficking of university girls which reported zero cases. This goes against common knowledge that such girls are sometimes trafficked for sexual escapades. According to Wafula (2016), trafficking of university students for sex purposes is on the rise.
There were two forms of GBV that were reported by the members of staff but could not be revealed by the students. These are discriminations and trafficking of the university students. The information in table 4.3 was graphically represented in the bar graph as in figure 4.1.
132 The result, therefore, revealed that there are very many forms of GBV that exists in the public universities. Most of these GBVs happen among the students. The complete results showed that
Kenyan public universities are not fully free from existence of several forms of GBV though it may be difficult to measure its scale. This was a confirmation when all students apart from 4 of them verified the existence of the GBVs. Even though some members of staff denied having heard about the existence of GBVs in the universities some of them mentioned multiple number of GBV forms. It was noted that many members of staff were not aware of the extent to which
GBV prevalence has reached in the public universities where they work; this was considered a hurdle in curbing the vices. The results concurred with that obtained by Wafula (2016) in his study on gender based violence in Kenyan universities. According to her, there were 53 universities with the number increasing yearly. She asserted that out of 240,550 Kenyan university students as per the year 2013, there were 116,115 female students. She found out that there was sexual and gender based violence in Kenyan institute of higher learning. She also found out that universities had not put in place clear safety measures to protect students.
According to Zain (2010) in her study about awareness on gender-based violence among students in higher learning institutions is on the increase. She used descriptive study with a sample of 52 from 4 main chattered UiTM Malacca programs as the sample size. She used questionnaires with structured questions. In her results more female students (53.8%) than their male counterparts
(46.2%) experienced the GBVs at the higher institutions of learning. She also found out that the students falling within the age range of 21-23 were found to be the most vulnerable to such forms of violent than any other age group. She then concluded that students were aware of the existence of several forms of GBV including sexual harassment, rape, incest and domestic
133 violence, violence against women, date rape and violence against disable persons at the university.
Endalew, and Meselech (2013) in their research study on prevalence and factors associated with sexual violence among female students of Hawassa University in Ethiopia, they used 336 second year female students, majority of students were of the age range between 21-24 years. According to their results over 90% of students were single. Data was collected using questionnaires, the results obtained showed that while 14.3% reported having experienced complete rape since being admitted to the university, 3% had the experiences in few years ago. This was an evidence that gender based violence existed in that higher learning institution.
Based on Jivasu, Abubakar, Aliyu, Galadanci and Salihu (2011) in their study on Prevalence and
Correlation of GBV among female university students in Northern Nigeria, they found out that general GBV prevalence was 22.8%, 22.2% and 50.8% of the students who had experienced physical, sexual or emotional violence respectively. They also found out that religious affiliation, ethnicity, marital status and campus residence were among some of the significant predictors of
GBVs.
4.3. Institutional Frameworks and GBV
There are many initiatives that have been put in place to address GBV. They vary from country to country but all of them agree that GBV must be minimized. Some of these programmes include, cultural activities, awareness programmes and measures.
Across the world, efforts to where men as participants, policy makers are involved in the process of prevention of GBV against women and girls are on the rise. This is done as part of the education programs that include them as social marketing campaigns targets. This may seem
134 dangerous, but there are also existence of feminist as a factor that derails the success of the effort. A variety of plans are in place that addresses men to curb violence against women.
Gender based violence has posed tremendous challenges to many people particularly women both at workplace and educational settings, and this has negatively impacted their self esteem, academic, social and mental development. Gender based valence is a serious life threatening issue, particularly the female students in colleges and higher learning institutions. It involves physical, sexual or psychological harm that is committed against a person as a result of power inequities that are based on gender roles ((FIDA; Kenya, 2011). Some of the main causes of
GBV are attitudes of the society towards practices of gender discrimination which put the more so the female students in a subordinate positions in relation to their counterpart male students
(KWCWC. 2012). research has shown that there is serous interface between power and GBV.
According to Dunkle et. al (2004) GBV and gender inequality are increasingly cited for the many reported case of violence against women. These findings are supported by Dube (2004) when he writes that even in the Bible women have suffered because of their perceived inferior positions. Whereas male scholars have tended to describe these worldviews in general terms, women scholars have been more interested in focusing on women’s voices. In her book,
Women in the Yoruba Religious Sphere, Oyeronke Olajubu clarifies this stance:
Where people extol complementary gender relations, but accounts of people’s culture and religious traditions present the male as the active participant and the female as docile and passive, there is a valid reason for the hermeneutic of suspicion. This is very true of Yoruba religious tradition, which is the focus of this work. There is need to retrieve, reinterpret, and reevaluate previous assumptions about women in religious traditions to arrive at the center point where all voices are heard and respected. Irrespective of all these, there has been no or ineffective and inappropriate systems to curb the problem. Apart from that poor socialization process and inadequate required resources have 135 prevented most of students from opening up to share the menace with the relevant authority at the learning institutions. That is why this study sought to investigate the effectiveness of institutional frameworks in curbing GBV in selected public universities.
In a situation of sexual violence experience, the students are supposed to take the first step to report the case to the relevant authority. Based on this the study investigated the services that had been provided to GBV victims who had incase reported the matter to any authority. The feedback was recorded and represented as in table 4.11.
Table 4.11: Services provided to university GBV students’ victims after reporting to the authority. Male Female Services N % N % STI screening and treatment 5 29.4 17 32.7 HIV counseling and testing 3 17.6 6 11.5 Emergency contraception (rape survivors presenting 2 11.8 9 17.3 within 72 hours) Access to safe abortion 0 0.0 3 5.8 Psycho-social counseling 7 41.2 6 11.5 Referrals to legal and other community (safe shelter) 0 0.0 11 21.2 services
Among those students who had one time been victims of GBV 5 (29.4%) of the male students and 17 (32.7%) of the female students had received STI screening and treatment. There were 3
(17. 6%) of the female students who had been given HIV counseling and testing. Emergency contraception (rape survivors presenting within 72 hours) had been administered to 2 (11.8%) male students and 9 (17.3%) female students while only 3 (5.8%) female students could get access to safe abortion. Psycho-social counseling could be done to 7 (41.2%) male and 6 (11.5%) female students. Referrals to legal and other community (safe shelter) services could be recommended to 11 (21.2%) female students.
136 For those students who had experienced sexual violence, the study sought to find out their knowledge of the perpetrators. This was done and the information obtained was recorded in table
4.12.
Table 4.12: Perpetrators of GBV based on the knowledge of the victims. Male Female N % N % Male member of the administration 0 0.0 14 10.8 Male student 1 0.9 29 22.3 Official of the student representative council 15 13.6 7 5.4 Friend 55 50.0 35 26.9 Lecturer 1 0.9 25 19.2 Laboratory technologist 2 1.8 4 3.1 Some security officer 13 11.8 2 1.5 male doctor 0 0.0 2 1.5 male nurse 0 0.0 1 0.8 stranger from surrounding village 23 20.9 11 8.5
There were 14 (10.8%) female students who confirmed that the perpetrators were male member of the administration. Male student were identified to be perpetrators by 1 (0.9%) male student and 29 (22.3%) of the female students. Official of the student representative council was not left out because 15 (13.6%) male students and 7 (5.4%) of the female students pin pointed the office bearers as some of the perpetrators of GBV. Friends who are well known to the victims were noted to be perpetrators by 55 (50.0%) male and 35 (26.9%) female students. Fingers were pointing out lecturers as some of the perpetrators; these were 1 (0.9%) male student and 25
(19.2%) female students. There were 2 (1.8%) male students and 4 (3.1%0 of the female students listed laboratory technicians to be perpetrators of GBV at the university. Some of the university security officers were among the perpetrators of GBV to the students; this was according to 13
(11.8%) male and 2 (1.5%) of the female students. Male doctor and male nurse became
137 perpetrators of GBV to 2 (1.5%) and 1(0.8%) female student respectively while strangers from surrounding village cold be identified as such perpetrators to 23 (20.9%) of the male students and
11 (8.5%) female students.
There are students who had experienced some GBV at the university. When they were asked to state what happened to them during the last 12 months while at the university particularly during the violence.
Table 4.13: What happened to the victim during GBV while at the university Male Female What Happened N % N % Slapped you or threw something at you that could hurt 13 9.8 26 19.5 you Pushed you or shoved you 14 10.6 18 13.5 Twisted your arm or pulled your hair 7 5.3 9 6.8 Hit you with a fist or something else that could hurt 54 40.9 35 26.3 Kicked, dragged, or beat you up 26 19.7 42 31.6 Choked or burnt you 15 11.4 1 0.8 Threatened you with, or actually used a gun, knife or 3 2.3 2 1.5 other weapon
The study found out that 13 (9.8%) male students and 26 (19.5%) female students had been slapped, something had been thrown at them that could hurt. There were 14 (10.6%) of the male students who had been pushed and shoved during GBV. Arms twisting or your hair pulling had been done to 7 (5.3%) male and 9 (6.8%) female students. Some 54 (40.9%) male students and
35 (26.3%) female students had been hit with a fist or something else that could hurt. Other 26
(19.7%) male and 42 (31.6%) female students had been kicked, dragged, or beaten up. A part from these vices 15 (11.4%) male and 1 (0.8%) female students had been choked or burnt while
3 (2.3%) male students and 2 (1.5%) female students had been threatened with, or actually used a gun, knife or other weapon during GBV.
138 To strengthen the information obtained from students on GBV, university staff members were also given questionnaires about the same. The feedback obtained was recorded as in table 4.14.
Table 4.14: University management responses on GBV
Question Yes % No % Is there a written policy and/or protocol in the University 66 15.8 353 84.2 that addresses GBV? Is there a process in place for monitoring and evaluating the implementation of these policies/protocols and for 121 28.9 298 71.1 collecting feedback from those who implement them? Has the University distributed written information about legal issues (e.g. confidentiality rules, laws on 74 17.7 345 82.3 criminalization of GBV) to all students and members of staff? Does the university have GBV office where cases of 25 6.0 394 94.0 GBV can be reported?
From table 4.14 66 (15.8%) staff members confirmed existence of written policy and/or protocol in the university that addresses GBV while 353 (84.2%) of the staff members did not. A process in place for monitoring and evaluating the implementation of these policies/protocols and for collecting feedback from those who implement them was known to be existing by 121 (28.9%) staff members 298 (71.1%) of the staff members did not know such a process. There were 74
(17.7%) staff members who agreed that university had distributed written information about legal issues (e.g. confidentiality rules, laws on criminalization of GBV) to all students and members of staff. This was contrary to the feedback obtained from 345 (82.3%) staff members. The universities have GBV offices where cases of GBV can be reported, this was a statement ascertained by 25 (9.0%) staff members while 394 (94.0%) were of the contrary confirmation.
The study also assessed the university disciplinary committee members/ warder responses to
GBV, the information obtained was recorded in table 4.15.
139 Table 4.15: University disciplinary committee members/ warder responses to GBV Question Yes % No % Is there a toll free phone number that victims/survivors 46 11.0 373 89.0 of GBV can call for help? Are there specific corrective intervention programs, conducted by professionals, offered to perpetrators of 132 31.5 287 68.5 GBV?
According to 46 (11.0%) university disciplinary committee members, there is a toll free phone number that victims/survivors of GBV can call for help, but this was not go well with 373
(89.0%) committee members who had not seen, heard or known existence of such free phone number. Away from that 132 (31.5%) of the committee members agreed that there specific corrective intervention programs, conducted by professionals, offered to perpetrators of GBV which was rubbished by 287 (68.5%) committee members.
Health facility at the university pays a very crucial role in curbing GBV among the students and staff members. This is why the study did assessment of the health services provided to the GBV victims and the data collected were recorded as shown in table 4.16.
Table 4.16: Information on Policies Question Yes % No % Has the health facility adopted any national health policies 71 16.9 348 83.1 and/or programs to address GBV? Are these policies/plans/programs implemented? 17 4.1 402 95.9 Are health service providers required to report cases of 329 78.5 90 21.5 GBV to the police?
140 When asked whether the health facility had adopted any national health policies and/or programs
to address GBV, 71 (16.9%) of the health staff informed researchers that the policies had been
adopted while 348 (83.1%) of the staff members disagreed with that statement. Implementation
of policies/plans/programs on GBV was confirmed by 17 (4.1%) but denied by 402 (95.9%) of
the health staff members. Health service providers required to report cases of GBV to the police
which was backed by 329 (78.5%) but not supported by 90 (21.5%) of the health staff members.
Table 4.17: Background of Health Facility Yes % No % Does medical staff establish safety planning with 45 10.7 374 89.3 the survivors of GBV? Does the facility have enough space to ensure 152 36.3 267 63.7 private consultations? Can the patient be heard or seen from outside of 203 48.4 216 51.6 the consultation room? Are the medical records stored in a secure place? 226 53.9 193 46.1 Are there any written documents displayed in the waiting rooms to inform patients about GBV, such 57 13.6 362 86.4 as pamphlets or posters? Does medical staff at your facility have a list of 66 15.8 353 84.2 organizations to refer survivors of GBV to? Does medical staff refer survivors of GBV to any 238 56.8 181 43.2 other organizations?
There were 45 (10.7%) asserted that medical staff establishes safety planning with the survivors
of GBV. This was not anything to do with observation from 374 (89.3%) of the staff members.
The heath facility has enough space to ensure private consultations, this was voiced by 152
(36.3%) of the health staff members which was against response from 267 (63.7%) of them.
Some of the patient can be heard or seen from outside of the consultation room according to 203
(48.4%) of the health staff members which was contrary to the rest of the staff members.
Availability of medical records and storage in a secure place is something that is known by 226
(53.9%) of the health staff members with 193 (46.1%) denying this. Written documents such as 141 pamphlets or posters displayed in the waiting rooms to inform patients about GBV were available based on 57 (13.6%) medical staff members while their inexistence was confirmed by
362 (86.4%). Medical staff at some university health facility have a list of organizations to refer survivors of GBV to which is voice from 66 (15.8%) of the heath facility staff members, the rest were of the contrary opinions. There were 238 (56.8%) staff members who accepted that medical staff refers survivors of GBV to any other organizations leaving 181 (43.2%) disagreeing.
According to table 4.10, the protocols and policies to address GBV issues exists in the sampled public universities according to 115 (27.4%) of the members of staff, 304 (72.6%) of them did not agree with that existence of such policies. Even if the policies exist 348 (83.1%) of the members of staff reported that the policies were not accessible to all staff and students. This left
71 (16.9%) of the staff accepting that the policies could be accessible to both students and members of staff. There were processes in place for monitoring and evaluating the policies addressing GBV issues. This was according to 80 (19.1%) of the members of staff, those who said that such processes were not existing were 339 (80.9%).
142 Table 4.18: Effectiveness of institutional frameworks in curbing GBV Somewha Tota Yes No t l N % N % N % N % Are there Policy/Protocol to address 27. 30 72. 10 115 0.0 0.0 419 GBV 4 4 6 0 Are the policies Accessible to all 16. 34 83. 10 71 0.0 0.0 419 students and Staff 9 8 1 0 Is there a process in place for 19. 33 80. 10 monitoring and evaluation of these 80 0.0 0.0 419 1 9 9 0 policies. Has the university distributed written information about legal 10 24. 31 75. 10 0.0 0.0 419 issue to all students and members of 1 1 7 7 0 staff Does the university have GBV 19 46. 22 53. 10 office where cases of GBV can be 0.0 0.0 419 4 3 5 7 0 reported? Is there a toll phone number that 15. 35 84. 10 victims/survivors of GBV can call 65 0.0 0.0 419 5 4 5 0 for help? If the phone number exist, is it free 21. 78. 10 14 51 0.0 0.0 65 of charge 5 5 0 Does the phone number operate 26. 73. 10 17 48 0.0 0.0 65 24/7? 2 8 0 Are there a corrective interventions 22 54. 19 45. 10 were taken against the perpetrators 0.0 0.0 419 9 7 0 3 0 of GBV Are there perpetrators on a 18. 34 81. 10 76 0.0 0.0 419 voluntary basis? 1 3 9 0 Has the health facilities adopted 12 30. 29 69. 10 0.0 0.0 419 national policies on GBV 7 3 2 7 0 Are there policies/plans/programs 21 16. 67 52. 39 31. 127 10
143 implemented 2 7 0 0 Are health service providers 37 89. 10. 10 required to report cases of GBV to 43 0.0 0.0 419 6 7 3 0 the police Do medical staff establish safety 14 33. 27 66. 10 0.0 0.0 419 planning with the survivors of GBV 0 4 9 6 0 Is your medical staff aware of the 27. 30 72. 10 protection measures available under 117 0.0 0.0 419 9 2 1 0 the county's legislation Does the facility have enough space 26. 30 73. 10 111 0.0 0.0 419 to ensure private consultations? 5 8 5 0 Can the patient be heard or seen 23. 32 77. 10 from outside of the consultation 98 0.0 0.0 419 4 3 1 0 room Are the medical records stored in a 35 84. 15. 10 64 0.0 0.0 419 secure place. 5 7 3 0 Are there any written documents displayed in the writing rooms to 13 31. 28 68. 10 0.0 0.0 419 inform patients about GBV, such as 2 5 7 5 0 pamphlets Do medical staff at your facility 17. 34 82. 10 have a list of organizations to refer 75 0.0 0.0 419 9 4 1 0 survivors of GBV to? Do medical staff refer survivors of 10 26. 31 74. 10 0.0 0.0 419 GBV to any other organizations? 9 0 0 0 0
144 Written information had not been distributed by majority of the sampled universities because 317 (75.7%) of the members of staff confirmed the fact which was contrary to the views of only 101 (24.1%) of the members of staff who disagreed with their colleges.
Existences of offices where the GBV cases could be reported and handled does not appear real to majority of the members of staff, this was 225 (53.7%) of them while 194 (46.3%) did not agree that there were GBV offices at the universities. The survivors could not get a phone number which the GBV victims could make calls for help according to 354 (84.5%) of the members of staff. Fewer respondents could identify the phone numbers in their universities these were 65 (15.5%) of them. Among the exiting phone numbers, few of them could operate 24/7 according to 17 (26.2%) of the members of staff while most of the respondents; 48 (73.8%) said the existing phone numbers do not operate 24/7. The phone which exist in the universities are not free of charge based on 51 (78.5%) of the respondents who accepted that these phones exist in the universities where they work. The respondents who work at the universities where the phones are free were 14 (21.5%) of the respondents.
A respondent was of the view that:
So far, the students have not reported many cases that amount to giving strict rules and regulations about GBV. All these legal information are stipulated in the rules and regulations in the students’ admission booklet, so all students are aware because all of them have been given. Actually we don’t have copy in this office because it is the registrar’s office that gives the booklets containing the legal information governing all students. I may not be exactly aware of what the rules and regulations address specifically the GBV but it shuns forms of violence among students and staff.
145 There were 229 (54.7%) of the members of staff who agreed that there were corrective intervention measures that are taken against the perpetrators of GBV while 190 (45.3%) of them disagreed with that. On voluntary basis there were no perpetrator who could come out, this was according to 343 (81.9%). This was a larger number compared to those who accepted that perpetrator normally come out on voluntary bases, these were 76 (18.1%).
National policies on GBV have been adopted by health facilities in fewer universities according to 127 (30.3%) while 292 (69.7%) of the respondents disapproved such adoption in their working places. Among the respondents who confirmed the adoption of national policies, only 21 (16.2%) of the respondents verified implementations of the policies while
67 (52.7%) were not aware whether these policies were being implemented in their universities or not. Somehow these policies were being implemented in fewer universities according to 39 (31.1%). To report cases of GBV, a victim to police health service providers require evidence. Reporting these cases is the role of the university health service providers. This was confirmed by 376 (89.7%) of the respondents while 43 (10.3%) did not confirm the same.
The foregoing arises from the societal myths about gender based violence. Myths and stereotypical attitudes about GBV shape the way in which society perceives and responds to violence. Such myths and attitudes are harmful as they tend to blame the survivors for the violence, rather than holding perpetrators responsible for their behaviour. Myths can inflict additional harm, for instance, upon women who experience violence and may prevent health professionals from providing adequate medical care. It is therefore essential that health care professionals understand the difference between myth and fact, in order to understand the survivors’ situation and needs and to maintain a professional and impartial
146 attitude. Health care providers are responsible for providing medical care and support to the survivor and to avoid any behaviour that can lead to secondary traumatization. By no means is it the role of health care professionals to assess the credibility of the alleged violence or to blame the survivor.
Establishment of safety plans with GBV survivors had not been done in many universities compared to those who had established the same plans; there were 140 (33.4%) who said yes while 279 (66.6%) of them said no. Being aware of the of the protective measures available under the country’s legislation was familiar to only 177 (27.9%) of the staff while
302 (72.1%) of them were not sure whether the medical staff in their universities were aware of the protection measures mentioned above.
Having enough space to ensure private consultations by the GBV victims was found not to be common in majority of the sampled universities. This was noted by 308 (73.5%) of the respondents while 111 (26.5%) could identify enough spaces for such consultations in their universities. seeing and hearing the GBV victims outside the consultation rooms is a practice that had been found to be happening in few universities according to 98 (23.4%) of the respondents. The rest of the respondents disowned that idea, these were 323 (77.1%).
Storage of health record in secured palaces within the universities was confirmed by 355
(84.7%) of the respondents while 64 (15.3%) of them said that the record were not being kept in secured places. Written records of GBV was not popular with many universities, this was approved by 287 (68.5%) while fewer respondents adding up to 132 (31.5%) of the worker said that there were written and displayed. Most of the university medical staff did not have list of referral organizations where GBV victims who required special medical attention could be referred to. Thos was based on 344 (82.1%) of the workers while 75 147 (17.9%) confirmed the availability of such list. Referring the GBV victims to other official
was also rare in most universities. This was approved by 310 (74.0%) of the respondents
while 109 (36.0%) of the respondents maintained that those kind of referral were common
in the universities where they normally work. A chi-square test was carries out to
investigate the effectiveness of the institutional frameworks in curbing GBV in selected
Table 4.19: Chi-square results on effectiveness of the institutional frameworks in curbing GBV. Asymp. Exact Val Sig. (2- Sig. (2- Exact Sig. ue df sided) sided) (1-sided) Pearson Chi- 3.51 1 .061 Square 6 Continuity 2.87 1 .090 Correction 2 Likelihood Ratio 3.29 1 .069 6 Fisher's Exact Test .071 .048 Linear-by-Linear 3.50 1 .061 Association 8 N of Valid Cases 419 public universities; the results obtained were recorded in the table 4.12.
Significant level =.05
Based on chi-square table 4.12, the study realized statistical significant result between the institutional frameworks in place at the sampled public universities and existence of various
2 forms of GBV[ χ (1) = 3.516, p < .05]. A correlation statistics was carried out to find out the association between existing violence from those universities where the existence GBV had been confirmed.
148 IF YES FORMS OF VILENCE Pearson Correlation .021 Forms of intervention Sig. (2-tailed) .855 N 80 Pearson Correlation .140 Availability of GBV office Sig. (2-tailed) .215 N 80 Pearson Correlation .078 Availability of corrective intervention Sig. (2-tailed) .491 N 80 Pearson Correlation .075 Availability of program offered to perpetrators Sig. (2-tailed) .507 N 80 Pearson Correlation .129 Medical staff established safety planning Sig. (2-tailed) .256 N 80 Pearson Correlation .191 Medical Staff are aware of Protection Measure Sig. (2-tailed) .090 N 80 Pearson Correlation .171 The facility having enough space Sig. (2-tailed) .129 N 80 Pearson Correlation .218 Patient can be Seen or heard from outside the Office Sig. (2-tailed) .052 N 80 Pearson Correlation .168 Medical Staff refer Survivors Sig. (2-tailed) .137 Table 4.20: Correlation Results on Mechanisms in Place andN Existence of GBV forms. 80 ** is significant at 0.01 and * is significant at 0.05
This was compared with forms of intervention, availability of GBV office, availability of
corrective intervention, availability of program offered to perpetrators, medical staff established
safety planning, medical staff are aware of protection measure, the facility having enough space,
patient can be seen or heard from outside the office and medical staff refer survivors. The
correlation output was represented in the table below.
In the correlation statistics that was conducted, there was no statistical significant results between
forms of intervention and existence of GBV [r = .021, N=80 and P>.05]. This means that even
though the staff members were saying that there are forms of GBV, there various forms of
violence that were still experienced; this may signaled that the interventions were not effective. A
149 similar result was also found between availability of offices and identified forms of GBV at the universities [r = .140, N=80 and P>.05]. . In the areas where medical staff members had established safety planning, the forms of GBV were still existing and this was confirmed by correlation results that revealed [r = .129, N=80 and P>.05]. Such results were identified in areas where medical staff members were aware of protection measure; [r = .191, N=80 and P>.05], the facility had enough space [r = .171, N=80 and P>.05], GBV patient could be seen or heard from outside the office [r = .218, N=80 and P>.05] and where medical staff could refer survivors[r = .
168, N=80 and P>.05]. In all the cases there were no statistical significant results in the correlation carried out with all the p values being less than .05. This showed that even though these mechanisms are put in place they are not effective I curbing GBV at the universities
A correlation statistics was also carried out on the availability of record and information on GBV at the universities as stated by the staff members and existence of various forms of GBV as said by the students. The result obtained was as recorded in table 4.21.
Table 4.21: Availability of Print Documents and Existence of GBV forms IF YES FORMS OF VILENCE 150 Pearson Correlation .198 University distribution of written information Sig. (2-tailed) .078 N 80 Pearson Correlation .175 Adoption of national policies by health facility Sig. (2-tailed) .120 N 80 Pearson Correlation .043 Requirement of health providers to report Sig. (2-tailed) .705 N 80 Pearson Correlation .061 Medical records stored in secured place Sig. (2-tailed) .589 N 80 Pearson Correlation .015 Displayed written documents in the rooms Sig. (2-tailed) .898 N 80 Pearson Correlation .215 Medical staff having list of referral organizations Sig. (2-tailed) .055 N 80 ** is significant at 0.01 and * is significant at 0.05
From table 4.21 of correlation statistical results, there was no statistical significant results between
universities having distributed written information to both staff members and students in form of students
handouts, code of conduct and other documents with existing forms of GBV; [r = .198, N=80 and
P>.05]. Adoption of national policies by health facility had been done by some universities as stated by
some staff members but this was found to be ineffective in the attempt to curb GBV because there was no
statistical significant result between doing so and existing of various forms of GBV; [r = .175, N=80
and P>.05]. Similarly insisting for a requirement of health providers to report the cases was found not be
much productive in that irrespective of this requirement as staff members were saying, many students
were still experiencing GBV at the universities and this could be the reason why the correlation result
revealed no statistical significant result between the two variables at [r = .047, N=80 and P>.05] ,
Storing medical records in secured place was also ineffective according to the correlation results at [r = .
061, N=80 and P>.05] in table 4.21, while displaying written documents in the rooms also indicated
none statistical significant result at[r = .015, N=80 and P>.05] . Medical staff having list of referral
organizations could also not reduce GBV at [r = .215, N=80 and P>.05].This means that neither
151 displaying written documents in the rooms nor Medical staff having list of referral organizations did not have an effect on reduction of forms of GBV that existed at the universities.
Based on table 4.11, the study found out that more public universities have not put in place policies/protocols to address GBV, this is because over 70% of the respondents confirmed that policies do not exist. More than 80% of the respondents could not agree with the fact that there were processes in place for monitoring and evaluating these policies. A similar percentage also confirmed that the policies were not accessible to all students and members of staff. There were fewer positive responses on availability of written information about legal issues to all students and university members of staff. This was supported by only 24.1% of the total sample population of 419. The scarcity of well equipped offices where cases of GBV can be addressed was found to be true in most public universities as was said by more than 53% of the respondents. The phone number which the victims can use to urgently report cases to the relevant authorities was found not exist in majority of the universities and even those that exist do not operate 24 hours a day yet some of GBV occurrences are witnessed over the weekends and odd hours in the night. The phone numbers were also identified not to be free of charge which could be an obstacle in the process of reporting the cases.
Inaccurate interventions taken against the perpetrators of GBV were reported by 45.3% of the respondents and this can give a lee way to the perpetrators to continue with the vice. After all the occurrences of the GBV vices the staff member noted that there have been very few voluntary perpetrators reporting the cases to the relevant authority. To report these cases to police proper reports are required from the health service providers. This means there should be clear evidence to prove the GBV forms yet some of them are oral occurrences. In some public universities neither the establishment of safety plans with the survivors of GBV nor staff awareness of the
152 protection measures were not in the memories of the respondents. This was true according to over 66% of the respondents in each case. Seeing the GBV victims outside the consultation rooms which were found to be inadequate was not a common practice in many of these universities as was approved by over 77% of the respondents. It was only the safeties of medical records that were approved by 84.7% of the respondents. Most of the medical members of staff could not remember themselves having list of referral medical facilities and even those who had could relay recommend for referral of the victim to such facilities.
When asked the question whether university had distributed information about legal issues, some the respondents orally gave the following responses:
I don’t know. Sijaona”, meaning I have not seen. There is just a sign post showing where the gender office is but I have not been given any written, oral, poster concerning such legal issues there is nothing like that may be in the website, but I have not seen. Some of the respondents who denied that there were no GBV policies/programs/plans implementations in their universities gave the following explanations.
they are not implemented because we even see some of male students in our hostels latter than 10.00pm, they even spend nights in the female hostels if we usually go for exile even two to three days for our roommates to have fun with their girlfriends in the hostels, then where are these policies implemented no they are not because we have always reported our roommate having brought their girlfriends in the room but no one has ever taken action no I decided to begin living outside university hostels because my fellow students used to sexually misbehave in my presence in the hostels, upon reporting to the janitors, there were no actions taken.
4.4. Challenges Facing University Frameworks to Curb GBV
153 In Kenya the cases of GBV have been reported in much area across the nation. The governmental, the unions, human rights and nongovernmental organizations have been in front in the effort to curb the vices. This has been more intensified particularly the occurrences among women, children and students. The elder people may have the financial machineries to report and even sue the perpetrators which is the contrary to the young people. They therefore need much support to help them root out the vices among themselves especially in their learning institutions.
Universities are some of the institutions where cases of GBV have been reported, basing on these the study therefore sought to investigate the challenges facing university framework to curb GBV in selected public universities in Kenya. The results obtained were as recorded in table 4.20.
According to table 4.11, 71 (16.9%) and 40 (9.5%) of the respondents strongly disagree and disagree respectively, 115 (27.4%) were neutral while 122 (29.1%) and 71 (16.9) of the respondents agreed and strongly disagreed respectively. The societal norms and cultural believes are some of the hindrances in some of the universities effort to curb GBV. This was ascertained by 125 (29.8%) and 120 (28.6%) of the respondents who agreed and strongly agreed in that order. Some of the respondents also disagreed and strongly disagreed with the fact about the beliefs and norms at the universities. These were 27 (6.4%) and 47 (11.2%) leaving 100 (23.9%) who were undecided. It was also noted that some of the universities have not implemented national policies in addressing GBV. This was approved by 167 (39.9%) and 122 (29.1%) who respectively agreed and strongly disagreed with the fact about national policies. Some of the respondents gave contrary results by disagreeing and strongly doing so, these were 34 (8.1%) and 37 (8.8%) in that order leaving only 59 (14.1%) being in neutral round.
154 Table 4.22: Legal challenges facing universities in addressing GBV Strongly Disagre Agre Strongly Tota % % Neutral % % % % Disagree e e Agree l There are legal challenges 16. 27. 29. 16. 10 which your university faces 71 40 9.5 115 122 71 419 9 4 1 9 0 in addressing GBV There are societal norms/cultural is a 11. 23. 29. 28. 10 hindrance in the 27 6.4 47 100 125 120 419 2 9 8 6 0 university's effort to curb GBV The university has not 14. 39. 29. 10 implemented national 34 8.1 37 8.8 59 167 122 419 1 9 1 0 policies in addressing GBV
155 The study then investigated the challenges facing the GBV curbing process by interviewing three relevant university officers; these were the registrars (academics), the deans of students, the directors of gender issues, chief medical officers and the student leaders. There were 5 officers in each sampled public universities. From the interview each officer was required to identify the main challenges their institutions face in the process of curbing the GBV cases.
Table 4.22 shows the most common challenges.
Table 4.23: Challenges facing the Curbing Process of GBV Challenges % Ideological Differences 5.2 Inaction by Duty bearing Officers 10 Communal and Cultural Solution Practices 7.2 Inability of Health Service Providers to follow the right Protocols when Handling the Survivors 10.8 Poor Infrastructures/Logistics 16 Inadequate information to Health Service Providers on GBV matters 1.6 Inadequate Funding 6 Lack of Enough Evidence 31.2 Corruption 12 Total 100
4.4.1. Inaction by Duty bearing Officers
According to this study, minimal or inadequate actions taken by officers handling GBV cases was reported by both staff and students to be one of the obstacles in curbing GBV in the public universities. Most of the government officers have acknowledged the scale and severity of GBV problem with much less taken action to end the violence against women and girls in the country. In Pakistan When a Commission of Inquiry for women convened by the Pakistan
Senate described domestic violence as one of the country's most pervasive violations of human rights, its findings were brushed aside by the Sharif government (Pickup et. al, 2011). As a result of such dismissive official attitudes, crimes of violence against women continue to be perpetrated with near total impunity.
One student responded in the following manner:
Duty officers don’t take any action even in obvious cases. The policemen sometimes want sexual favours before they assist you. Some policemen usually don’t take action because some of them are perpetrators of GBV. This becomes double tragedy. Even watchmen are of such genre. In a case where the victim does not know the perpetrator completely, some policemen usually ask the victim to name the suspect which discourages us. According to (WHO, 2016) who gave a case in Jean Peajet University in Angola which was an example not only of the gender based violence experienced by Angola women but also of the lack of governmental will to do anything about it. As this report went to print, months after her murder, the killer had still not been brought to trial despite exceptionally strong and credible evidence against them. Similarly, Turam & Hatcher (2012) revealed cases of first year female students being suspiciously raped in Benadir University in Somalia, with few cases handled successfully.
Female students in Kenyan Universities also face staggeringly high rates of rape, sexual assault, and domestic violence while at the university largely go unpunished owing to rampant incompetence, corruption, and biases against women throughout the criminal justice system
(Chege, 2012). Women who report rape or sexual assault encounter a series of obstacles. He asserts that these include not only the police, who resist filing their claims and misreport their statements, but also medico legal doctors, who focus on their virginity status and lack the training and supplies to conduct adequate examinations.
ii 4.4.2. Inability of Health Service Providers to follow the right Protocols when Handling the Survivors
According to Morrison et al., (2004) one of the main challenges for addressing GBV stems from the lack of evidence on the magnitude and characteristics of violence in different settings. There are many inconsistencies in the methods used by different researchers that make comparisons difficult across countries or even among studies within a given country. A report by USAID and others (2013) revealed a series of challenges facing the implementation of GBV prevention and response in Nairobi and Coast, Kenya ranging from lack of coordinated reporting mechanisms to shortage of personnel. For instance it emerged that health facilities where GBV survivors are treated are not required to report GBV cases; therefore, the post-rape care data are not linked to Kenya’s national health information system. The report also revealed that Kenya lacks a social protection mechanism for GBV survivors that ensures their safety and protection; legal responses to GBV are slow and ultimately ineffective as cases can take more than three years to resolve, and the lack of financial support and protection services during the process leave survivors economically vulnerable, with little confidence that justice will be served. There are few police doctors who can effectively prosecute GBV cases. For instance there are only two police doctors in Coast and one in Nairobi (USAID et al., 2013).
Evaluations provide a framework for identifying promising interventions, targeting specific aspects of those interventions that contribute to their success, and drawbacks and gaps with each strategy. Without this information, critical resources might be wasted on programmes that will not lead to desired outcomes or may even worsen the situation for women. Ideally, a health programme should be able to measure progress toward its objectives and evaluate
iii whether an intervention has been beneficial or has created additional risks. However, many health programmes carry out activities without clarifying what results they are trying to achieve or determining whether or not they did in fact achieve those results. (Guedes 2014,
Bott, Guedes and Claramunt 2004)
Health programmes that address violence have a particularly great responsibility to invest in monitoring and evaluation given the possibility that a poorly-planned intervention can put women at additional risk or inflict unintended harm. For example, a training session may fail to change misperceptions and prejudices that can harm victims of violence, or may even reinforce them. Or a routine screening policy may be implemented in ways that actually increase women’s risk of violence or emotional harm (FIDA, 2011).
There are currently around 29 thousand people in Colombia who have been driven from their homes by the horrific abuses and violence associated with the country’s nearly five-decade- long internal armed conflict (Gender Studies Institute, 2016). For many, the suffering does not end after they flee their homes. Thrown into new lives in unfamiliar cities, with few resources and little support, they live in shoddy housing in dangerous neighborhoods, face high unemployment and limited state services, and confront the continued threat of violence by armed groups, sometimes the very same groups from which they fled.
These hardships are all too often compounded by another very serious human rights problem: gender-based violence (James, 2013). James confirms that in King Saud University every hour there is an average of nine new acts of sexual violence against female students in Saudi
Arabia. Thirty-seven percent of Ghanaian university students according to a 2010 state- sponsored survey report suffering violence at the hands of their fellow students. A female respondent said:
iv When the victims are taken to the hospital, mostly at night, they find un-experienced health officers like medical interns who may not handle their situation accordingly. Most victims taken to the health facilities at night are not handled appropriately because some of the most vital equipments are locked in some offices with fewer officers on duty. Laboratory officers are absent so the test is not done on time.
Most of the cases are not handled perfectly due to incompetence of the health officers in charge in such institutions. This is a result of employing unqualified health officers.
4.4.3. Communal and Cultural Solution Practices
Relationships are socially and culturally constructed. A range of socio-cultural factors such as beliefs, norms, values, taboos, community, expectation, rules, laws and policies, economic and physical resources, technological and ethical factors influence an individual’s attitudes towards behavior’s in and expectation about relationships. Cultural identities contain the histories of a people that include traditions, struggles, achievements, and triumphs. Cultures nourish pride, resilience, belonging, intersectional identities, and connection to community. But culture is used to justify gender violence and inequality by evoking traditional beliefs and practices about how women and girls should be treated. The cultures of ethnic and identity-specific communities prescribe and maintain traditional, patriarchal gender norms and roles; define ‘transgressions’ from these norms; patrol the boundaries of what they deem is and is not culturally acceptable – enforcing compliance by violence, coercion, pressure, rejection, or, as one gay survivor put it, “death by a thousand paper cuts.” Culture influences how gender violence is viewed: minimized by society as an
v accidental problem, used as a convenient explanation by communities, or linked to stereotyping by systems.
In Culture: What It Is, Who Owns It, Claims It, Changes It (2002), Sujata Warrier elaborates on traditional and contemporary views of culture, questioning who defines ‘culture’ and justifies its practices. We have come to understand cultures to be stable patterns of beliefs, thoughts, traditions, values, and practices that are handed down from one generation to the next to ensure the continuity of these systems. In fact, traditions actually shift and change under changing social and political landscapes. Culture does not reveal stable patterns, but dynamic ones where experiences and commonalities continually re-shape it.
Val Kalei Kanuha(2002) strips away the claims that colonization is to blame for domestic violence and draws parallels between the strategies of colonizers and batterers. Most activists do not excuse male violence because of colonization; although the men in our communities use this argument in their own defense: because they cannot, or will not, or feel threatened about, taking responsibility for their violence against women. So, they resort to blaming the white colonizers. We must not allow that analysis to dominate and resist the ways our own communities force us to silence, hurt, oppress, and disrespect the voices of women. It is up to us to ensure that women’s suffering, struggles, and strengths are not dishonored.
In Cultural Defenses in the Criminal Legal System (2002), Leti Volpp analyzes the use of cultural defenses in the courts by raising questions about our role in spreading notions of culture and negotiating between sexism and racism. Cultural defenses in domestic violence cases use politically expedient stereotypes of culture, forwarded by attorneys on behalf of
vi defendants, to play into already existing negative depictions of culture. But ultimately, what are the consequences of using such defenses on future survivors and on our communities?
Harmful traditional practices (HTPs) exist in many different forms. These traditions reflect norms of care and behavior based on age, life stage, gender, and social class. While many traditions promote social cohesion and unity, others wear down the physical and psychological health and integrity of individuals, especially women and girls. Some of the major HTPs practiced in Africa include female genital mutilation (FGM), early/child marriage and son preference. These have received global attention due to their severe and negative impact on the health and well-being of girls (Itegi et. al, 2013). Efforts to alter or eradicate these practices are often met with suspicion or hostility from those communities practicing them, particularly when efforts originate from outside the community. This study identified communal and cultural solution practices to be some of the obstacles ahead of curbing process of GBV in Kenyan Public universities.
According to the World Health Organization, female genital mutilation (FGM), a procedure involving partial or total removal of the external female genitalia or other injury to the female genital organs for non-medical reasons, is practiced in 28 African countries. Cutting ranges from removal of the clitoral hood to its most extreme form, infibulation, involving removal of the clitoris as well as some or all of the labia minora. The labia majora are then sealed, leaving only a small opening to allow the flow of urine and menstrual blood. Infibulation is practiced predominantly in Somalia, the Sudan, and Djibouti as well as in some parts of Ethiopia and
Egypt.
vii Sexual violence by non-partners includes sexual assault, sexual harassment, rape and gang rape. WHO (2015) statistics show that globally 7 % of women have been exposed to sexual violence outside a relationship. However statistics are unreliable and numbers vary, and in some contexts sexual violence by non-partners are far more prevalent. In South Africa for example, studies reveal that nearly 33 % of men report raping a woman during their lifetime.
In a recent study in Asia and the Pacific, men reporting having raped a woman who was not their partner and being involved in gang rapes ranged from 3 and 1% (rural Bangladesh) to 27 and 14% (Bougainville, Papua New Guinea). Gang rape is a violent crime in which various men use sexualized acts to intentionally harm and hurt mostly women and girls, but also men and boys are victims (Jeanings, et. al, 2015). These acts are expressions of misogynistic, xenophobic, racist, homophonic norms that produce and reproduce socialization processes that victimize and devalue women and femininity, and high levels of economic poverty, unemployment, social exclusion and marginalization seem to increase the violence. UN
Women has been one of the key actors addressing sexualized violence against women and girls by non-partners in public spaces through global initiatives like ‘Safe Cities’.
When violence in general is more present in a society and in situations of increased militarization, subordinated groups in the society become more vulnerable in public arenas as well as in private. Displacement and heightened tensions within communities and households exacerbate the risk of gender-based violence, including men’s violence against their intimate partners and other forms of violence in the family. Poor welfare services and the breakdown of social networks and justice systems make it more difficult for victims of violence to escape, and leave the perpetrators unpunished (KNBS, 2015).
In times of crisis traditional gender norms are often emphasized, but might also lead to
viii changed gender roles. When men are absent during war, women are forced to uphold men’s duties. This might lead to more stable changes of gender relations in a post-conflict situation, but more likely it becomes a parenthesis. In international human rights discussions during the last decades, the concept “harmful traditional practices” has been used with reference to traditional beliefs and customs that underscore control over women and girls, and are thus
“consequences of the value placed on women and girls by society”. Initially and throughout the years the main focus was on female genital mutilation (FGM).
A lady member of staff said:
In our community women are seen as subordinate to men. So they have to obey what men have said whether it is good or bad to them. This means that if the relationship is between two people from different communities then violence will emerge because of conflicting cultures.
Another respondent said a wife of our brother is our wife; she is a wife of the community.
Therefore each man from the same community can fit in the shoe of her husband. A male respondent said, “In our community after circumcision you need to proof your manhood by having sex with many ladies as possible.” A lady respondent said that a virgin girl is more valued than those whose virginity has been broken. So you have to fight for your love and your future.”
Relationships are socially and culturally constructed. A range of socio-cultural factors such beliefs, norms, values, taboos, community, expectations and rules, law and policies, economic and physical resources, technological and ethical factors influence an individual’s attitudes towards behavior in and expectations about relation-ships. Kenig (1996), Adeyeye
(1988), Howard (1983) and Kazi (1995) opined that rural women are discriminated against in terms of employment opportunities, access to social and productive resources, education,
ix health status and family decisions among others. This was corrobo-rated by Aderinto (2001) that, in terms of education, there is still preference for the education of the male child among rural Yoruba community. Cross -cultural studies indicate that at societal level, the discrimination against women is traceable to male authority and decision ma-king in the home, rigid gender roles, definition of masculinity that are linked to dominance or male honor, economic inequality between men and women, and the use of physical force for conflict resolution (Ezeh and Gage,1998; Morrow,1986).
In recent years, violence in the name of honor has also been particularly highlighted. This concept, and the discussions and agendas that have developed around it, has been helpful in recognizing survivors and in prompting action against forms of violence that have not been given adequate consideration. On the other hand, it has contributed to framing certain (non-
Western) cultures as particularly harmful to women, and of other (Western) societies as not containing discriminatory traditions, or “traditions” at all (NGEC, 2016). Such ethnocentric perspectives have been highly questioned, not least by third-world.
4.4.4. Inadequate Funding
Prevention measures are vital, yet there is also an urgent need to provide services to survivors of violence. The demand is huge and growing, a result of both high levels of violence and increased awareness. In 2015, 9,172 women and 3,383 children received support from a domestic violence service, and, in 2014, 18,926 calls were made to Rape Crisis Centre help lines, while 1,913 people participated in counseling and support (WHO, 2015). These people represent a minority of survivors: Most people who experience gender-based violence do not report it. Widespread availability of support services would reduce not only untold suffering for survivors, but also for their children. Furthermore, as highlighted by a recent study on
x domestic abuse in Vietnam, funding now would prevent an even greater economic cost to the state in the future. Therefore, in addition to the moral and social imperatives, the financing of intervention makes sound economic sense. The State is committed to addressing gender-based violence, in accordance with international frameworks. The 2017 Domestic Violence Bill contributes towards Ireland’s ratification of the Istanbul Convention. However, to meet the commitments made, resources are required. The 2015 EU Victims’ Directive mandates the
State to provide free-of-charge support for survivors of violence. The full budgetary allocation for gender-based violence services over recent years is not readily available: Snippets from various sources must be pieced together; phrases such as ‘in the region of’ are commonplace among State agency documents; and the few figures recorded publicly are not adequately disaggregated by type of service or intervention. The support is grossly inadequate. With many refugees in African countries, Ireland provides a mere 31% of the minimum recommended in the Istanbul Convention. In 2015 alone, 4,796 requests for refuge could not be met, due to the lack of space. In fact, nine counties are without a specialist domestic violence refuge, while 10 counties lack a specialist sexual violence service (UNFPA, 2015).
The mounting pressure on existing services has not been matched by an increase in funding.
This is despite a 12% increase in the number of people accessing rape crisis counselling and support between 2010 and 2011. Rape Crisis Centers have experienced funding cuts of up to
30% since 2008. Domestic violence services have experienced similar funding cuts (up to
38% since 2008), while the number of women accessing their support services increased by
26% between 2009 and 2014. Though Tusla received an increase of €1.5m for gender-based violence services for 2017, funding that was removed from local and national sexual and domestic violence frontline organizations since 2008 has yet to be restored (HHRI, 2017).
xi Specialist NGO services have been at the forefront of the Irish response to gender-based violence since the early 1970s.
They have always been under-resourced, so to honor survivors and the international frameworks ratified, the State will need to significantly increase its funding to this sector.
Although government spending on health increased by €1bn between 2016 and 2017, gender- based violence services, which provide invaluable support at excellent value for money, continue to be underfunded. The 2017 State budget for addressing gender-based violence is a mere €22.1m: Safe Ireland is advocating an increase of €30m across State and non-
State services in order to help reform this inadequate response. Within the current context of tight fiscal resources, a clear picture of the costs of violence within the economy, and its potential impact on economic growth, is crucial to input into plans for recovery (USAID,
2013).
The Centre for Global Women’s Studies at NUI Galway is conducting research, in collaboration with Safe Ireland and the Community Foundation of Ireland, on the costs of domestic violence in Ireland. The research team has submitted a proposal to the
Department of Justice and Equality, requesting funding for the second phase of the study, which would involve a fuller macro estimate of costs. Numerous cultural differences between
Ireland and the UK (including availability of services) make the department’s current costing approach (extrapolation from UK costs) wholly inadequate (Euromed, 2011).
In spite of a commitment from the current government, it is clear that Ireland has neither adequate resources, nor adequate data, to fully understand or address gender-based violence.
The most recent national study in Ireland was the 2002 Sexual Abuse and Violence in Ireland
xii report; practitioners have been calling for a follow-up for many years. While a 2014 European multi-country survey provides some insights into the current prevalence of violence against women in Ireland, it offers only a broad overview and does not include statistics on men. The data is not disaggregated by ethnicity, so it masks the specific challenges faced by marginalized groups, such as Travelers, in seeking help and in disclosing abuse. Marginalized groups require extra resources and support (Council of Europe, 2015). Also, the paucity of administrative data within the criminal justice and healthcare sectors in relation to gender- based violence needs to be fully addressed. Gender-based violence has a profound impact on individuals and society. It is not possible to provide adequate services unless the problem is better understood. It is incumbent on the State to fund new research on its prevalence, in addition to its social and economic costs, thus enabling investment in intervention to be placed in the context of the improvement these services will make to our society and economy. Life-saving specialist services, such as women’s shelters and rape crisis centers, must be adequately funded and made widely available (Darama, 2011).
In respect to funding there was general agreement that there is little funding in universities that goes to the gender departments. One director of a gender office reported:
There is inadequate funding to different departments which include limited finance and human resource. So they may not be able to effectively handle the cases reported in respect to GBV. You can even see that our ambulance has been broken down and has not been repaired for quite a while.
Forcing a survivor to be placed on a waiting list, or to travel a long distance to access a specialized service, is inhumane and often unfeasible, due to the cost and time away from work/home. Given the pervasive nature of gender-based violence in Ireland, and the
xiii importance of seeking safety and support to facilitate the recovery process, this is untenable.
The Government has to facilitate all survivors who need help, not just the minority. Their commitment to addressing gender-based violence must be matched by fiscal transparency, so that they can be held to account (Penn State University, 2012).
4.4.5. Corruption
Corruption among the security officers to fast track GBV cases in public offices has been an issue of concern in the world. In Parkistan for example, women on interview reported that one of the obstacle in addressing GBV has been corrupt officers who normally hide their files, miss record cases in the offices, and at time need cash to process such cases (Sexual
Aggression Peer Advocates, 2011). This has derailed the cases involving GBV in several countries. In Nigeria, university students in Abafemi Amwolowo university reported that they had been experiencing multiple GBV within and outside University residential hostels. Many cases had not been handled by the relevant authority due to request of something small to speed up the cases. This has made it difficult for moreso female students to get justice. The corruption is spread all the way from the student leadership to the judiciary (Sleg et. al, 2014).
Corruption like this compromises public safety, erodes the law, and provides impunity for immoral, destructive acts. It keeps accountability at bay, providing cover for evil of all kinds.
Rampant corruption not only holds the country back, it also has a severely negative impact on individuals' lives and wellbeing, in particular on women. Though women to some degree today enjoy basic rights and are much better positioned than before, it is no secret that they are still suffering from structural, political and social discrimination and from corruption.
xiv First, corruption has a huge impact on a woman’s full enjoyment of her rights. In the last six months, the Afghanistan Independent Human Rights Commission (AIHRC) found that of the
2,400 cases of violence against women referred to the justice system, only 400 were processed and adjudicated. The rest were unsettled, withdrawn or simply closed (USAID,
2015). The main reasons for this are corruption and the improper use of influence in the judicial system. In a country where there are no courts in one third of the districts and where there are no female lawyers or judges in any district, helping women to obtain justice is already a challenging job. This leaves women who are seeking justice at the mercy of the persecutor, judge and police officers.
Secondly, in 2012 the AIHRC received more than 4,200 cases of violence against women. The bulk of these cases were first brought to the legal system, but because of corruption women could not get justice or have their cases heard. We at the AIHRC often hear stories of women being forced to go back to their abusive family members, or women who have to withdraw their complaints under pressure from authorities. Many accept the outcome and go home; others are so agitated and hurt that they want to exhaust all possible avenues of justice and therefore they come to the AIHRC to seek protection (WHO, 2016). One of the health officers told me to give him something small for him to write a favourable report that would help to punish the perpetrator.
There is an incorrect perception among many men that they can do as they please and buy sufficient influence to corner women in cages at home. Thirdly, even though the government has taken some positive steps towards eliminating violence against women, including the
Elimination of Violence against Women law, it has failed to fight corruption effectively.
xv Findings from the public hearing and submissions to the AIHRC national inquiry into rape and honour killings in Afghanistan indicate that because of corruption, cases of rape and honour killings are not effectively followed up and investigated. So the government is to blame for its failure to establish mechanisms that hold its officials and criminal suspects to account (Dunkle, 2004).
Corruption has also affected the social and economic rights of women. The fifth report of the
AIHRC on economic and social rights showed there had been an improvement in the access of women and especially girls to education and healthcare, but this still remained far below the level needed to meet their needs. Access to higher standards of living, including housing and sanitation, remained more elusive for women than men. Mismanagement and corruption is to blame for the inefficiency and poor quality of basic social services (Itegi, 2013). In fighting corruption, it is imperative to exert and demonstrate a strong political will.
Experience shows us that despite a good legal framework, including accession to the UN
Convention against Corruption, and the establishment of institutions such as the High Office of Oversight and the Independent Joint Anti-Corruption Monitoring and Evaluation
Committee, corruption remains rampant and endemic. Further, in the fight against corruption we need to build a strong and independent judiciary and rule of law (KWCWC, 2012).
The study found out those ideological differences on how to handle the cases was at 5.2% among the identified challenges. Inactions by duty bearing officers were at 10.0% among the challenges. Alternative communal traditional solutions of the cases was also noted to be one of the barriers to the curbing processes, this was at 7.2%. The inability to accurately follow the protocols by health service providers when handling the victim was part of the challenges
xvi contributing to 10.8%. Poor infrastructure formed a bigger part of the challenges facing the efforts and attempts to curb GBVs at the universities this constituted to 16% of the identified challenges. Inadequate information on GBVs matters to health services providers formed
1.6% while adequate funding was at 6% of the entire challenges identified. The biggest challenge was lack of enough evidence which was 31.2% while corruptions by the officers handling GBV cases made up of 12.0% of the challenges.
According to table 4.11, legal challenges facing the process of addressing GBVs were identified to exist in various sampled public universities. This was ascertained by many of the respondents compared to those denied such existences. More than 45% of the respondents agreed that there are legal challenges facing the effort to address GBVs in the universities.
This percentage was high as compared to 26.4% of the respondents who disagreed with that fact that there were challenges. Societal norms/cultural were identified as some of the hindrance in the universities effort to curb GBVs. This was confirmed by majority of the respondents making 58.4% for those who agreed with it. This percentage was large compared to 17.6% who were to the contrary of the issue. The study also found out that the universities had not implemented national policies in addressing GBVs. This is because out of the sampled respondents, 69% agreed with the fact that universities had not done so. Compared to
16.9% of the respondents who disagreed with that fact the study could make a generalization in the favor of those who agreed with that fact.
For the interview results in table 4.21, the main challenge faced in the trial to curb GBVs in the universities was inadequate evidences to prove the vice. This was revealed by 31.2% of the respondents. This was followed by availability of poor infrastructures and logistics in the available health facilities to assist in the GBV curbing processes. This according to 16% of the xvii respondents. In the third position was corruption among the officers handling such cases.
Inability of health Service Providers to follow the right protocols when handling the survivors was among those challenges that were mentioned by 10.8% taking position four while inaction by duty bearing officer was closer at 10.0%. Other challenges that were noted to be some of the least influential challenges to the effort of curbing the GBVs in the universities were inadequate information to health service providers on GBV matters at 1.6% and ideological differences supported by 5.2% of the respondents.
The study results agreed with the gathered literature; according to Morrison et al., (2004), lack of evidence was identified to be one of the main challenges for addressing GBV. A report by USAID (2013) displayed several challenges on the implementation path of GBV prevention and response in Nairobi and Coast. Ranging from uncoordinated reporting mechanisms to shortage of personnel needed to handle the cases were among the identified challenges. In some cases it was revealed that health facilities where GBV survivors are treated are not required to report GBV cases; therefore, the post-rape care data are not linked to Kenya’s national health information system (USAID, 2013). The report also disclosed that
Kenya lacked social protection mechanism for GBV survivors that ensures their safety and protection; legal responses to GBV are slow and ultimately ineffective as cases can take more than three years to resolve, and the lack of financial support and protection services during the process leave survivors
xviii CHAPTER FIVE
SUMMARY, CONCLUSION AND RECOMMENDATIONS
Introduction
This chapter focuses on accomplishing the three study objectives by giving the summary of the thesis, making conclusions, indicating the implications of the findings, recommendations and suggestions for further research.
5.1. Summary of the study findings
The study examined the existence of various forms of GBV in selected Public Universities in
Kenya, effectiveness of institutional frameworks in curbing GBV in selected Public
Universities in Kenya and challenges facing university frameworks to curb GBV in selected
Public Universities in Kenya. The study employed descriptive survey research design articulates a the universities as the social settings. Mugenda (2008), through descriptive survey design data can be collected from the information that exists and from experience without maneuvering variables. This design enable thee researcher to gather the information from subjects matter in their natural settings as it is, this was according to Kothari (2008).
For the sampling procedure, stratified random sampling was used to sample universities based on the year of existence and students enrolments. The purposive sampling was used to sample the deans of students, the registrars, the directors of gender issues and students leaders. Within the sampled public universities a simple random sampling was conducted to get 439 students
xix and 419 members of staff who then participated in the study as respondents. Among the respondents were 264 (60.1%) male students and 175 (39.9%) female students while with 48
(10.9%) identified to heve married and 391 (89.1%) were single students. Majority of the students were noted to be in the age bracket of 20-22 years old. In terms of religions there were more christians compared to those who were muslims and those in other religion.
Among the students, 291 of them were found to live within the university while the rest were none university residents, 224 (51.0%) of the students were living in the rural areas while 215
(49.0%) of them were living in urban areas before they joined the university. The study revealed that there were 135 (30.8%) first year students who took part in the study, 117
(26.7%) of the students were in their second year of study .The third year students who participated in the study were 112 making 25.5% of the total students. Fourth year and fifth year students were 65 (14.8%) and 10 (2.3%) respectively. Most of the student was not employed. These were 378 (86.1%) students , those who had been employed for less than a year were 41 (9.3%) students, those who had been in the employment for between 2-3 years and 3-4 years were 9 (2.1%) students and 4 (0.9%) students respectively. Lastly those who had been in their jobs for a period between 4-5 years were 7 (1.6%).
Beating, Psychological Humiliation, Abusive language, Restrictions, murders of GBV victims, Isolation by husband and rape were identified to be the most popular forms of GBVs in the sampled public universities. This was revealed by 39.0% of the respondents followed by a set of denial of freedom of movement, murders of GBV victims, Isolation by husband,
Frustration, Discrimination at 24.1%. This was contrary to most members of staff who could not recognize any form of GBV. These members of staff constituted to 67.3%. The members of staff revealed defilement to be the most common form of GBV at their working places.
xx Apart from frustrations, Discrimination, Hitting/Beatings, Isolations from friends and
Trafficking of University Girls, the rest of GBV forms were identified by both students and members of staff. Most of the institutional frameworks in curbing GBV were not in their proper direction in most of the universities. Through chi-square, study realized statistical significant result between the institutional frameworks in place at the sampled public universities and existence of various forms meaning wherever these frameworks are well established, there were fewer GBV forms and vice versa. Legal challenges facing universities in addressing GBV were noted to be there among public universities. A part from that there were societal norms/cultural as hindrances in the university's effort to curb GBV while most universities had not implemented national policies in addressing GBV. The study also identified several challenges facing the Curbing Process of GBV. There were Lack of Enough
Evidence, Poor Infrastructures, Corruption, Inability of Health Service Providers to follow the right Protocols when Handling the Survivors and Inaction by Duty bearing Officers being in the top five.
Pilot study population was done two schools public universities. The validity of instruments in was determined by organizing items in the instruments to tackle all the study objectives.
This was also done in consultations with supervisors to asses’ content validity. Reliability was determined by test-retest method. During data collection, gathered data was coded, classified then Collected data was coded, classified and organized in for analysis. The data analysis wsa then done by using statistical package for social sciences (SPSS). Quantitative data was analyzed using descriptive statistics such as frequency and percentages. At some point likert scale was used to determine Legal challenges facing universities in addressing
GBV. Data was then presented in tables, bar graphs and pie-charts.
xxi 5.2. Conclusions
The study came up with the following three conclusions.
First, there was high prevalence of GBV in selected Public Universities in Kenya. Some of the forms of GBV leading to the high prevalence were common and could be mentioned by both students and members of staff.
Second, the institutional frameworks in curbing GBV were found to be ineffective that is why many of the forms of GBVs were openly and quickly noted in most of these sampled public universities. Most of these universities which had weak institutional frameworks registered highest number of GBV forms. The chi-square result further confirmed this by revealing statistical significant results showing that there were influences of institutional frameworks on the existence of GBV forms within our public universities.
Third, the challenges facing universities in addressing GBV were noted to be on the path of curbing the GBVs in most sampled universities, this was followed by existence of societal norms/cultural as hindrances in the university's effort to curb GBV. In addition, the universities were noted to have not implemented national policies like the two thirds majority rule in addressing GBV.
5.3. Recommendations
xxii According to the findings and conclusions, the study recommends that:-
(a) The prevalence of GBV is still high therefore there is need to minimize them if not
uprooting them completely. There is need for awareness and knowledge about GBVs in
order to enhance reductions. Therefore university managements should be encouraged to
come up with a popular way of reducing the vice.
(b) There is need to adopt and effective institutional frameworks in curbing GBV since most
of the universities were found not to have put them in place. That is why majority of
respondents in such institutions could tag it to the prevalence of many forms of GBVs in
the universities.
(c) The university should implement national policies in addressing GBV; this can help the
management in the fight against GBVs and even face the challenges that have been
mentioned in this study.
5.6. Suggestion for further research
Because of the larger number of universities and students with different backgrounds and other dynamics the researcher could not conduct the study throughout the all public and private universities. Hence the following recommendations were made after this study
(a) A study should be done to determine the relationship between culture and GBV in universities in Kenya.
(b) A study needs to be done on the role of peer pressure in GBV.
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REPORT - Initial results on prevalence, health outcomes and women's responses APPENDICES Appendix I: Accredited Public Universities in Kenya – November 2015 YEAR OF S/No ACCREDITED UNIVERSITIES ESTABLI SHMEN T Public Chartered Universities 1. University of Nairobi (UoN) 1970 2. Moi University (MU) 1984 3. Kenyatta University (KU) 1985 4. Egerton University (EU) 1987 Jomo Kenyatta University of Agriculture 5. and Technology 1994 (JKUAT) 6. Maseno University (Maseno) 2001 7. Dedan Kimathi University of Technology 2007 8. Chuka University 2007 9. Technical University of Kenya 2007 10. Technical University of Mombasa 2007 11. Pwani University 2007 12. Kisii University 2007 Masinde Muliro University of Science and 13. Technology 2007 (MMUST) 14. Maasai Mara University 2008 15. South Eastern Kenya University 2008 16. Meru University of Science and Technology 2008 17. Multimedia University of Kenya 2008 Jaramogi Oginga Odinga University of 18. Science and 2009 Technology 19. Laikipia University 2009 20. University of Kabianga 2009 21. University of Eldoret 2010 22. Karatina University 2010 xxxix 23. Kibabii University 2011 Appendix II: Introduction and Informed Consent Part one: Introduction and Information on the Study Hello, my name is ______and I am working for a PhD student Mrs Rebeccah Chawiyah Obarah who is undertaking her PhD studies at Kisii University. Mrs Chawiyah is working on " Effectiveness of Institutional Frameworks Addressing Gender Based Violence in Universities in Kenya". GBV has now become a problem/issue of great concern, with much negative impact on development at individual, family, community and state levels, aggravated HIV/AIDS & STD, increase in unwanted pregnancies, trauma, increase on GBV in conflict areas, and Coordination constraints at national, district and grass-root levels. As a member of the university community you have every reason to want to remove this scourge from the society with a view of eliminating all existing forms of GBV completely. Therefore, your assistance is kindly requested in making this research on GBV, successful. The study is expected to shed light on the GBV forms, incidence, their pervasiveness, prevalence, and magnitude in Universities in Kenya. The findings (data) from this survey will provide benchmarks and indicators for systematic and effective GBV interventions in Universities in Kenya. As part of the survey we would first like to ask some questions about direct/indirect experience with GBV. All of the answers you give will be confidential. Participation in the survey is completely voluntary. If we should come to any question you do not want to answer, just let me know and I will go on to the next question; or you can stop the interview at any time. However, we very much appreciate your participation in this survey since your views are important. The interview takes approximately between 20 and 30 minutes to complete. At this time, do you have any questions about the survey? Part two: Consent I have been explained all information and procedures that are part of this research study and I have understood the same. I understand that the research imposes no risk on my life and therefore no compensation would be provided. I hereby agree to participate in this research study and give my voluntary consent. I hereby also give rights to the researcher for collecting the data that are required for the study. Agreed ______PROCEED Not agreed______END Investigator: Chawiyah Obara A. Rebeccah - 0722474745 xl Appendix V: Questionnaire SECTION 1: SOCIO-DEMOGRAPHIC CHARACTERISTICS 101. Age in years______102. Gender 1. Male ( ) 2. Female ( ) 103. Marital Status 1. Married ( ) 2. Single ( ) 104. Religion 1. Christian ( ) 2. Muslim ( ) 105. Do you currently live within the university? 1. Yes ( ) 2. No ( ) 106. Residence before joining university (as student or staff) 1. Rural ( ) 2. Urban ( ) 107. Years of Study 1. Year I ( ) 2. Year II ( ) 3. Year III ( ) 4. Year IV ( ) 5. Year V ( ) 108. Years of employment (Staff) 1. ≤ 1 year ( ) 2. 2 - 3 years ( ) 3. 4 - 5 years ( ) 4. ≥ 5 years ( ) SECTION 2A: THE NATURE OF GBV 201. What are the main forms of GBV in your university/in this area? Please tick all that applies. DO NOT READ THE OPTIONS xli 1. Rape ( ) 2. Defilement ( ) 3. Sexual assault ( ) 4. Hitting/battering/beating ( ) 5. Psychological Humiliation ( ) 6. Abusive language ( ) 7. Restrictions or denial of freedom of movement ( ) 8. Killings/murders of GBV victims ( ) 9. Isolation from friends by husband ( ) 10. Frustration ( ) 11. Discrimination (please specify in the space below) ( ) 98. Other (please specify)______ 202 Overall, what are the causes of the GBV experienced in your university/this area? DO NOT READ THE OPTIONS 1. Interpersonal conflict ( ) 2. Alcoholism ( ) 3. Drug and substance abuse ( ) 4. Society encourages the violence ( ) 5. Patriarchy (male dominance) ( ) 6. Poverty/stress ( ) 7. Mental disturbance ( ) 8. Raping instincts ( ) 9. More powerful perpetrator than victim ( ) l0. Peer pressure ( ) 11. No fear of consequence on the part of perpetrator ( ) 98. Other (please specify)______ 203. Have you EVER while at the University experienced any acts violence from an intimate partner, past or present? 1. Yes ( ) 2. No ( ) 204. During the LAST 12 MONTHS while within the university, have you experienced any acts of violence from an intimate partner, past or current? 1. Yes ( ) 2. No ( ) 205. If yes to 204, which of the following happened to you? Tick as applies 1. Slapped you or threw something at you that could hurt you ( ) 2. Pushed you or shoved you ( ) xlii 3. Twisted your arm or pulled your hair ( ) 4. Hit you with a fist or something else that could hurt ( ) 5. Kicked, dragged, or beat you up ( ) 6. Choked or burnt you ( ) 7. Threatened you with, or actually used a gun, knife or other weapon against ( ) 98. Others (specify):...... 206. During the PAST 12 MONTHS while within the university, have you experienced any of the following types of injury as a result of the act of violence by your intimate partner? Tick as applies. DO NOT READ THE OPTIONS. 1. Cuts ( ) 2. Bruises ( ) 3. Aches ( ) 4. Eye injuries ( ) 5. Sprains ( ) 6. Dislocations ( ) 7. Burns ( ) 8. Deep wounds ( ) 9. Broken bones ( ) 10. Broken teeth ( ) 98. Other serious injuries ( ) (specify: ………………………………………………… SECTION 2B. INDIVIDUAL EXPERIENCE OF GBV FROM AN INTIMATE PARTNER 207. Have you EVER while within the university experienced sexual violence from an intimate partner, past or present? 1. Yes ( ) 2. No ( ) if NO skip to question 212 208. If yes, which of the following types of sexual violence did you experience? Tick as applies 1. Physically forced you to have sexual intercourse against your will ( ) 2. Made you afraid of what your partner would do if you did not have sexual intercourse ( ) 3. Forced you to do something sexual you found degrading or humiliating ( ) 98. Other serious injuries ( ) (specify: ………………………………………………… 209. If yes to any of the above, did you or anyone else report the act of violence? 1. Yes ( ) xliii 2. No ( ) if NO skip to question 212 210. If it was reported, which of the following services did you get? 1. STI screening and treatment ( ) 2. HIV counseling and testing ( ) 3. Emergency contraception (rape survivors presenting within 72 hours) ( ) 4. Access to safe abortion (for Female only) ( ) 5. Psycho-social counseling ( ) 6. Referrals to legal and other community (safe shelter) services ( ) 98. Other serious injuries ( ) (specify: ………………………………………………… 211. During the PAST 12 MONTHS while at the university, have you experienced any of the following types of sexual violence from an intimate partner, past or present? Tick as applies 1. Physically forced you to have sexual intercourse against your will ( ) 2. Made you afraid of what your partner would do if you did not have sexual intercourse ( ) 3. Forced you to do something sexual you found degrading or humiliating ( ) 98. Other serious injuries ( ) (specify: ………………………………………………… 212. Have you EVER while at the university experienced any of the following types of psychological/emotional violence from an intimate partner, past or present? Tick as applies 1. Verbal abuse ( ) 2. Humiliation ( ) 3. Neglect ( ) 4. Discrimination ( ) 5. Denial of opportunities or services ( ) 6. Confinement ( ) 98. Other ( ) (specify)______99. Never ( ) 213. During the PAST 12 MONTHS while at the university, have you experienced any of the following types of psychological/emotional violence from an intimate partner, past or present? 1. Verbal abuse ( ) 2. Humiliation ( ) 3. Neglect ( ) 4. Discrimination ( ) xliv 5. Denial of opportunities or services ( ) 6. Confinement ( ) 98. Other ( ) (specify)______99. Never ( ) SECTION 2C: INDIVIDUAL EXPERIENCE OF GBV FROM A NON-INTIMATE PERSON 214. Have you EVER while at the university experienced any type of the above acts of violence from someone other than an intimate partner, past or present? 1. Yes ( ) 2. No ( ) 215. If yes, who did this to you? 1. Male or female member of the administration, ( ) 2. Male or female student, ( ) 3. Official of the student representative council ( ) 4. Friend, ( ) 5. Lecturer, ( ) 6. Laboratory technologist ( ) 7. Some security officer ( ) 8. Male or Female doctor, ( ) 9. Male or female nurse, ( ) 10. Stranger from surrounding village, ( ) 98. Others including females (specify) ______ 216. During the LAST 12 MONTHS while at the university, have you experienced any type of violence from someone other than an intimate partner, past or current? 1. Yes ( ) 2. No ( ) 217. If yes, which of the following happened to you? Tick as applies 1. Slapped you or threw something at you that could hurt you ( ) 2. Pushed you or shoved you ( ) 3. Twisted your arm or pulled your hair ( ) 4. Hit you with a fist or something else that could hurt ( ) 5. Kicked, dragged, or beat you up ( ) 6. Choked or burnt you ( ) 7. Threatened you with, or actually used a gun, knife or other weapon ( ) 98. Others (please specify)______ xlv 218. During the PAST 12 MONTHS while at the university, have you experienced any type(s) of injury as a result of the act of violence by someone other than your intimate partner? Tick as applies. DO NOT READ THE OPTIONS 1. Cuts ( ) 2. Bruises ( ) 3. Aches ( ) 4. Eye injuries ( ) 5. Sprains ( ) 6. Dislocations ( ) 7. Burns ( ) 8. Deep wounds ( ) 9. Broken bones ( ) 10. Broken teeth ( ) 98. Other serious injuries ( ) (specify ………………………………………………… SECTION 3A: Assessing university management's response to Gender-Based Violence. PART I: Policies and Protocols 301. Is there a written policy and/or protocol in the University that addresses GBV? (Ask to see a copy) 1. Yes ( ) 2. No ( ) 301_1. If Yes, what is the main focus of the policy/protocol? (chose all options that apply) Forms of Violence Interventions 1. Rape 1. Identify the symptoms of 2. Defilement GBV 3. Sexual assault 2. Ask questions about GBV in 4. Hitting/battering/beating case of suspicion 5. Trafficking of university girls 3. Provide the patient with 6. Psychological Humiliation information on GBV and its 7. Abusive language consequences. 8. Restrictions or denial of freedom of movement 4. Create a friendly and 9. Killings/murders of GBV victims confidential environment. 10. Isolation from friends by husband 5. Care and examination of the 11. Frustration survivor. 12. Discrimination (specify) 6. Documentation of GBV xlvi 98. Other (please specify) 7. Risk assessment and safety planning 8. Referrals 98. Other (please specify) 301_2 Are they accessible for all students and staff? 1. Yes ( ) 2. No ( ) 302. Is there a process in place for monitoring and evaluating the implementation of these policies/protocols and for collecting feedback from those who implement them? 1. Yes 2. No 302_1. If yes, who is in charge of monitoring, evaluating and providing feedback to the university? 302_2. If not, describe why? 303. Has the University distributed written information about legal issues (e.g. confidentiality rules, laws on criminalization of GBV) to all students and members of staff? 1. Yes ( ) 2. No ( ) 302_1. If not, describe why? ______ 304. Does the university have GBV office where cases of GBV can be reported? 1. Yes ( ) 2. No ( ) xlvii 305. Is there a toll free phone number that victims/survivors of GBV can call for help? 1. Yes ( ) 2. No ( ) 305_1. If yes, is it free of charge? 1. Yes ( ) 2. No ( ) 305_2. Does it operate 24/7? 1. Yes ( ) 2. No ( ) 305_3) What is the phone number? SECTION 3B: Assessing university disciplinary committee/warder response to gender-Based Violence. (KII for disciplinary committee chair and warder of a hostel). 306. How many cases of GBV have you handled in the current academic year...... ? 307. What disciplinary actions were taken against the perpetrators of GBV...... ? 308. Are there specific corrective intervention programs, conducted by professionals, offered to perpetrators of GBV? 1. Yes ( ) 2. No ( ) If yes, 308_1. How many are there?(List them) 1...... 2...... 3...... 4...... 98. Others (Specify) 309. Are these programs offered to perpetrators on a voluntary basis? 1. Yes ( ) 2. No ( ) xlviii SECTION 3C: Assessing university health facility’s response to gender-Based Violence PART I: Background of Health Facility (KII for hospital superintendent) 310. Has the health facility adopted any national health policies and/or programs to address GBV? 1. No ( ) 2. Yes ( ) 310_1. If yes, please list them: 1...... 2...... 3...... 4...... 5...... 311. Are these policies/plans/programs implemented? 1. Yes ( ) 2. Somewhat ( ) 3. No ( ) 311_1. If somewhat or no, explain why?...... 312. What are the legal obligations for health service providers in the university with regard to situations of GBV? ...... 313. Are health service providers required to report cases of GBV to the police? 1. Yes ( ) 2. No ( ) 313_1. If yes, please describe the requirements (e.g. circumstances/severity of the offense, forms of violence)? xlix PART II: Response of the Health Facility: Health care staff responses to GBV. (KII for hospital superintendent) 1) Ensuring Safety 314. Do medical staff establish safety planning with the survivors of GBV? 1. Yes ( ) 2. No ( ) 314_1. If no, specify why? 315. Is your medical staff aware of the protection measures available under the country’s legislation? 1. Yes ( ) 2. No ( ) 315_1. If no, specify why? III. Ensuring privacy and confidentiality 316. What are the rules of the health facility about confidentiality of survivors of GBV? ...... 317. With whom is medical staff allowed to share information with about a patient of GBV? ...... 318. Does the facility have enough space to ensure private consultations? 1. Yes ( ) 2. No ( ) 318_1. If no, explain why? 319. Can the patient be heard or seen from outside of the consultation room? l 1. Yes ( ) 2. No ( ) 320. Are the medical records stored in a secure place? 1. Yes ( ) 2. No ( ) 320_1. If no, please explain why? 321. Which staff has access to the medical records? IV. Patient’s empowerment, autonomy and participation 322. Are there any written documents displayed in the waiting rooms to inform patients about GBV, such as pamphlets or posters? 1. Yes ( ) 2. No ( ) 323. Do medical staff at your facility have a list of organizations to refer survivors of GBV to? 1. Yes ( ) 2. No ( ) V. Referrals 324. Do medical staff refer survivors of GBV to any other organizations? 1. Yes ( ) 2. No ( ) 324_1. If yes, to which one(s)? 1...... 2...... 3...... 4...... 5...... SECTION 4C: Challenges facing the University framework to curb GBV (On a scale of 1 - 5 where 1 = Strongly Disagree; 2 = Disagree; 3 = Neutral 4= Agree and 5 = Strongly Agree, rate the following statements on challenges in addressing GBV at Public universities in Kenya. 401. What legal challenges does your university face in addressing GBV? li 1 = Strongly Disagree ( ) 2 = Disagree ( ) 3 = Neutral ( ) 4= Agree ( ) 5 = Strongly Agree ( ) 402. Societal norms/cultural is a hindrance in the university's effort to curb GBV? 1 = Strongly Disagree ( ) 2 = Disagree ( ) 3 = Neutral ( ) 4= Agree ( ) 5 = Strongly Agree ( ) 403. The university has not implemented national policies in addressing GBV? 1 = Strongly Disagree ( ) 2 = Disagree ( ) 3 = Neutral ( ) 4= Agree ( ) 5 = Strongly Agree ( ) This is the end of the interview. Thank you for your time. Appendix III: NACOSTI Permit lii liii liv lv