On November 26th, 2024, KELIN joined Equality Now in Nairobi, Kenya to launch a regional Report on the status of rape laws in Africa, Practice and Access to Justice. The Report covers 9 countries across Africa namely; Cameroon, Democratic Republic of Congo (Kinshasa), Madagascar, Rwanda, Senegal, Sierra Leone, South Africa, South Sudan and Zambia
Ms. Judy Gitau, from Equality Now, highlighted the background, context, key findings and recommendations of the report. She outlined the significant gaps identified, including inconsistent definitions of rape across different legal systems, the failure to recognize certain violations as rape, access to compensation and reparations for survivors, and varying ages of sexual consent. It further reflects on the status of implementation of laws in the 9 African countries in terms of successes and setbacks based on the lived experiences of survivors and their struggles to access justice in various contexts. Ultimately, the Report calls upon duty bearers to expedite law reform and ensure effective implementation in compliance with international and regional human rights standards.
In her opening remarks, Ms. Faiza Mohamed, Director of Equality Now Africa Office, highlighted that the recommendations set forth in the report are not merely aspirational given that law is a register of a person’s worth by its government. In her keynote address, Hon. Lady Justice Njoki Ndungu reflected on her experience in pushing the Sexual Offences Bill in a male dominated Parliament. She noted how the bill almost mirrored the South African Sexual Offences Act. The bill suffered several setbacks as it failed to include aspects of marital rape and successful negotiation on age of consent resulting in the mandatory minimum sentences for sexual offences provisions currently in place. She called on stakeholders to remember that vices still exist within society and laws always change highlighting that the report is a timely tool for policy makers and civil society to engage in reforms.
“KELIN is committed to creating a rights-based, gender-transformative and enabling legal and policy environment on Sexual and Gender Based Violence (SGBV),” said Elsie Milimu, Program Officer at KELIN. “We welcome the report as an advocacy tool for legal reform through engagements with law and policy makers and strategic impact litigation to bring out meaningful change.”
To contribute to the discussions on this forum, follow KELIN on our website and social media platforms
Website: www.kelinkenya.org
Facebook: http://www.facebook.com/kelinkenya
Twitter(X): @KELINKenya.
For more information please contact, Elsie Milimu,
Program Officer- SRHR, Kenya Legal & Ethical Issues Network on HIV/AIDS(KELIN),
Email: elsiemilimu@kelinkenya.org
