New System Wide Action Plan on Gender Equality and Women Empowerment Adopted

The United Nations Chief Executives Board for Coordination recently adopted the System Wide Action Plan on Gender Equality and Women Empowerment which will be the common yardstick for measuring progress on gender related initiatives by the entire UN system. The process towards adoption of this important framework was facilitated by UN Women. It covers key elements including: the performance indicators timelines, responsibilities and accountability for gender equality and women's empowerment and a roll out strategy for the Action Plan. 

The United Nation System-Wide Policy on Gender Equality and the Empowerment of Women was endorsed by the Chief Executives Board for Coordination (CEB) in October 2006, as a means of furthering the goal of gender equality and women’s empowerment within the policies and programmes of the UN system. Click here for a full copy of the Action Plan. 

Assent to and Implementation of the Law to Combat Human Trafficking an Urgent Necessity

(Sep. 24, 2010) The CRADLE expresses concern the continuing delay in assenting to the law to address human trafficking in Kenya. Kenya continues to be a thriving ground for trafficking in persons especially children. Indeed Kenya is a country of origin, transit and destination of victims of trafficking. Recent media highlights and increasing reporting of cases of trafficking attests to this fact, (The Standard, Sep. 23, 2010 at page 22, ‘Suspect held trafficking ten children’, and the Daily Nation, Sep. 22, 2010 at page 10, ‘Couple admits using five disabled Tanzanian children to beg for alms.’ )  not mentioning other reports in both print and electronic media.

The alarming rate of reported cases is an indication of the thriving environment for this vice in Kenya. Kenya has been cited before for not making enough efforts to address the problem. However, positive developments were made when Parliament on July 15, 2010 passed the Counter Trafficking in Persons Act, which, sadly has, since been waiting for the presidential assent.

This delay will continue impacting on the country negatively especially the victims and potential victims of trafficking especially children. Furthermore, even the cases that are already reported can only be dealt with the current law since the Act will not be applied retrospectively. In the case of the couple that admitted to using the children to beg for alms, were the law in place, the couple would be liable for committing the offence of child trafficking in addition to any other charges such as child labour. However, the current law is very restrictive, and lenient to offenders. As highlighted in the media in the instant case, the prosecution had recourse only to the offence of subjecting a child to labour whose penalty is a fine of Ksh. 50,000 or jail term of not more than 12 months and harbouring a foreigner which attracts a penalty of Ksh.  20,000 fine or a one-year jail term. Our hands are therefore tied in pushing for effective prosecution where the law is weak and without the Counter Trafficking in Persons Act in place.

The CRADLE urges the President to promptly assent to the Counter Trafficking in Persons Act in order to pave way for structured measures for dealing with human trafficking. In particular, we need more protection and redress for victims for which the Act provides and increased empowerment of the relevant government bodies to take up preventative measures. Kenya also needs a law that will provide stiffer penalties that are commensurate with the nature of the offence of trafficking in persons. The piecemeal provisions in the Children Act, the Sexual Offences Act, the Penal Code and the Employment Act are limited in terms of the prescribed offences and corresponding penalties. They also do not provide for measures for supporting victims of human trafficking. The Counter Trafficking in Persons Act will cure these gaps and will be a step further for Kenya to meeting its treaty obligations as enunciated in such treaties and protocol as the United Nations Convention Against Transnational Organized Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol) and the Convention on the Rights of the Child which defines standards for child protection and development.

We thank the media for their continued reporting on matters of public interest and especially for the promotion of the welfare of the child, particularly the consistent momentum in highlighting the issue of child trafficking.

TSC Guidelines on Protection of Pupils/Students from Sexual Abuse: A Good Step but Not Enough

(June 21, 2010) The issue of sexual abuse of children by teachers continues to be a concern as it has been severally highlighted in the media and encountered by The CRADLE in the course of its work on child protection. We note with concern that despite there being in place a law proscribing sexual abuse of children, cases of child sexual abuse continue being reported. It is more saddening that teachers who are entrusted with the care of children abdicate this duty and are some of the child abusers.

While we laud the government on its move through the Teacher Service Commission (TSC) to curb this practice, we urge for more action on the part of the government. The recently issued Circular No. 27/2010 on Protection of Pupils/Students from Sexual Abuse is only a first step towards more-needed comprehensive protection of children. In a nutshell, the Circular provides for measures towards addressing suspected cases of child sexual abuse and preventing exposure of children to sexual abuse. However, these guidelines need to go an extra mile to capture all the circumstances that expose children to abuse and protection of abused children. Specifically, we note that more needs to be prescribed as follows:

• While the guidelines also enumerate sexual offences with a pupil/student, ‘with or without consent,’ the guidelines should be more emphatic that consent of the child is immaterial in the case of a sexual offence.
  
  
• On the reporting requirement that a suspected case of child sexual abuse whether in or outside the school, or in any other school be reported to the Head teacher, the District Education Officer and the Teachers Service
  
  
• Commission within 24 hours, we urge that mandatory reporting should be extended beyond this to include the police and the Department of Children Services, the subject matter being a criminal offence calling for legal action. This is also important so as to address the immediate needs of an abused child such as ensuring medical assistance and, removal of the suspected abuser from a child’s environment among others.
  
  
• The repercussions for failure for instance to report a case of sexual abuse or suspicion of the same or concealing a case of sexual abuse should not be limited to disciplinary action but include legal action and prosecution by the relevant authorities where the act/omission amounts to a criminal offence as provided for by the law. Disciplinary action cannot exonerate an offender from criminal liability, the Guidelines should underscore this fact.
  
  
• The requirement that school rules must include specific provisions aimed at protecting pupils/students from sexual abuse does not provide a timeline and minimum standards for safeguarding the interests of the children and especially victims of sexual abuse. The TSC as an authority ought to expressly prescribe such provisions to ensure that the same are uniformly applied across board and not left to the schools alone. This may be in the form of an elaborate child protection policy on among others, procedures for reporting and responding to cases of abuse for adoption into the schools’ governing policies. This will also guard against concealment of information since teachers and school administrators would not be forthright in indicting themselves where they are the abusers.
  
  
• Further to the above, among the minimum suggested standards is the need for a protective reporting system that among others protects the identity of the child in question, and guards against fear of victimization bearing in mind the position of authority a teacher has over a pupil/student.
  
  
• The TSC guidelines should also lay strong emphasis on the provisions of criminal laws of the country especially the Sexual Offences Act, No. 3 of 2006 to avoid a misguided perception that conduct that amounts to a sexual offence will be dealt with in accordance with the guidelines/other policies as opposed to the law which takes precedence over any other regulations

We call upon the government to heed to the above concerns and ensure that children are protected from incidences of abuse and especially provide opportunities that guarantee children the confidence to report abuse or inappropriate behaviour by teachers and students.

Appreciating the positive step the TSC has made, we call for more comprehensive protection and policy guidelines for all schools in the form of child protection policy that not only target teachers but pupils and students as well.

We thank the media for their continued reporting on matters of public interest and especially for the promotion of the welfare of the child. We urge you to keep up with this spirit.

Increased Suicide Cases among Children Portend Broader Underlying Problems

(Sep. 21, 2011) Late last year and early this year, we encountered a string of reported cases of children committing suicide for various reasons. In one instance, two girls committed suicide over poor KCPE results. In another reported incident, a who girl committed suicide had insisted on a transfer to a local school citing sickness due to long travels from her home to school. Another girl, who was pregnant, reportedly committed suicide due to fear over her parent’s reaction. In yet another case, a girl killed herself over a love affair gone sour.These incidences are a pointer to a bigger problem that needs to be urgently addressed. The reasons for suicide are deep and long standing. Unlike adults, teens do not have the ability to think about life and life events in terms of the broader perspective or "big picture". They tend to believe that all of the unhappiness they are feeling and experiencing will go on forever. The teen that attempted suicide right after his girlfriend broke up with him or the teen that contemplated suicide after failure at school probably had a history of low self-worth that was magnified by the presenting event.

Understanding the Problem
It is therefore important to understand the problem behind a child’s contemplating suicide. Some of the things that may cause stress in a child include: trouble at home;; change in family dynamics (e.g. death of a parent); change of schools; difficulties at school such as bullying, relationship break-up; social struggles; problems balancing school, work, social life, and family relationships; facing an environment that encourages drugs, alcohol, and sex; separation from parents; relationship problems; problems accepting themselves with or without talents and abilities and poor school performance. This list is not exhaustive and only points to some of the common factors that may cause a child to be suicidal.

Knowing the signs
Teens who are contemplating suicide frequently give warning signs. Parents, teachers and other care givers are in akey position to spot these signs and give help. Most importantly, one should never take these warning signs lightly or promise to keep them secret. Important risk factors for suicide and suicidal behavior include:- The single biggest factor is serious current suicidality, either suicidal ideation with intent to commit suicide, or a recent attempt. Other key risk factors include: change in eating and sleeping habits; withdrawal from friends, family and regular activities; violent actions, rebellious behavior or running away; drug and alcohol abuse; unusual neglect of personal appearance; marked personality change; persistent boredom, difficulty in concentration or decline in school work; frequent complaints about physical symptoms, often related to emotions such as stomachaches, headaches, and fatigue e.t.c.; loss of interest in pleasurable activities and not tolerating praise or rewards

What you should do
Parents, school personnel and peers can recognize the warning signs and take immediate action to keep the youth safe: Remain calm, ask the children directly if he or she has had thoughts about committing suicide, focus your concern on the wellbeing, avoid being accusatory; listen; reassure them that there is help; do not judge; provide consent supervision. Do not leave the youth alone; remove means for self harm; get help. Youths should not agree to keep the suicidal thoughts a secret and instead should tell an adult such as parents, teacher or school psychologist. Take the student to the mental health professional for assistance.

Resiliency factors
The presence of resiliency factor can lessen the potential of risk factors to lead to suicidal ideation and behaviors. Once a child / adolescent is considered at risk, schools, families and friends should work to build these factors in and around him or her.  These include:- family support and cohesion including good communication; peer support and close social network; school and community connectedness; cultural and religious beliefs that discourage suicide and promote healthy living; adaptive, coping and problem solving skills; self satisfaction, good self esteem, sense of purpose and access to mental health resource. 

Conclusion
Every child needs to be protection from self harm as well as harm by others. Counsellling is an important preventive ingredient in dealing with suicidal tendencies among children. Parenting should also incorporate open communication channels for children to freely express themselves and deal with issues that they experience. Counselling should also be a basis component in the school management so that children can have a channel through which to express themselves. Any environment where a child is developing should be conducive to promote the child’s growth.