Rape, Impunity and Gender Violence: Kenya awaits justice

By Sonja Be

Shame, guilt, fear, and sadness. While these are feelings that should be experienced by the criminals of rape and gender violence, they are sadly and commonly felt by the victim. Nothing, absolutely nothing, is more dehumanizing than the act of rape. Whether the victim is a man or a woman, a child or a teenager, the numerous effects of rape are damaging to not just the victim but society as a whole. In many cultures and societies, rape is stigmatized and survivors are left abandoned from their communities.  Because of the stigma that is attached to it, rape is significantly one of the most underreported violent crimes. If the UN reports that 1 in 3 women face violence at some point in their lifetime, it is unimaginable to know the actual numbers.

In wartime, numbers of rape become increasingly blurred and its impact and magnitude are beyond the thinkable. Amnesty International says that women are used in ethnic conflicts as a way for attackers to perpetuate their social control and redraw ethnic boundaries.  To think that rape is used to strengthen one’s control and stance in wartime is disturbing and beyond.  Shame, guilt, fear and sadness should be imposed on those who use women as tools and instruments of war strategy, not on the vulnerable victims of society.

Kenya  & The International Criminal Court 

In Kenya, the invisible and underreported cases of rape, assault and gender violence still await their turn at justice. It has taken some years to address the aftermath of the 2007/2008 election violence that ended up killing over 1000 people, raping too many, and leaving anywhere from 300,000 to 600,000 displaced from their homes.

The 2007 elections however were not the first violent political battle Kenya experienced. In 1992, during another politically charged election, close to 800 people were killed and around 56,000 families rendered homeless. The Human Rights Watch estimated over 1500 Kenyans killed and 300,000 displaced between October 1991 and November 1993, many of which attacks were organized and funded by political figures. Statistics from the Human Rights Watch suggest the police may be responsible for more killings than any other single group. When security forces can rape, beat and abuse civilians without repercussions, impunity has become the norm.

Finally in 2010, the International Criminal Court (ICC) opened the door to justice for thousands of silenced victims by beginning investigations. In January 2012, ICC judges confirmed charges against four suspects: Francis Kirimi Muthaura, head of the public service; Deputy Prime Minister Uhuru Muigai Kenyatta; William Samoei Ruto, a member of parliament; and Joshua arap Sang, a radio journalist.

These prominent Kenyans are only four of thousands perpetrators whom incited violence and used impunity to fuel ongoing abuses and attacks against innocent women, men and children.  Disturbingly, two of the suspects are attempting to run for the 2013 presidential elections and in fact, their supporters have already embarked on a campaign to collect 5 million signatures to petition the ICC court to delay trials. As if it is not shameful enough that all of the ICC suspects are public figures but now they want another shot at gaining political power in the next election.

While the ICC is helping the international movement of bringing perpetrators to justice, without the cooperation and support of the Kenyan government, the ICC can only prosecute a handful of suspects. As suggested by the ICC, the Kenyan government needs to begin prosecuting the perpetrators and hold them accountable through a local judicial mechanism. Though promises of this establishment have been broken repeatedly over the last 4 years, slow progressive steps towards justice appear in sight.

In February 2012, the Kenyan government took imperative steps to establish a task force to prosecute and investigate some 5000 post election violence cases that had remained untouched until now. This local judicial process is not meant to replace the ICC process, rather complement and deliver justice to the thousands of remaining cases.

With the elections coming up at the end of 2012/early 2013, everything must be done to avoid a repeat of the devastating situation that took place a few years back.

What now?

Now is an absolutely critical time for Kenya to address impunity, question the past, and prevent rapes in wartime through careful monitoring and reporting.  Most importantly, this shift will require a cultural movement in changing people’s mindset of rape, violence, women, human rights and gender roles.

Government accountability could not be stressed enough. Laws, constitutions and bills are worthless if they are left unenforced and undelivered. International pressure, media coverage and awareness are central to long-term prevention of rape and gender violence in conflict.

As much as it is, it is also not about international commitments to various treaties, organizations or institutions; it is about a greater respect for human kind and the understanding that every act of violence worsens the potential of an individual, a family, a community, a society and a country. Widespread discrimination and violence against vulnerable members of society hampers economic and global development.

It is time to break the silence and question common practices and traditions. It is time to arm women and men with knowledge, facts and empowerment that change is possible, despite what history tells us. It is time to move rape cases out of the darkness and into the light and shine the light of shame and guilt on those responsible.

For more information on the International Campaign to Stop Rape and Gender Violence in Conflict, please visit http://www.stoprapeinconflict.org/