Promoting child rights in Kenya - Pelastakaa Lapset ry

Programme. The Act was moved as a private members’ Bill with support from CSOs both in thechildren and women sectors which provided information for lobbying purposes.If implemented fully, this law will protect girls in Kenya from having to undergo female genitalmutilation (FGM) under the guise of tradition or religion. The practice concerning children wasoutlawed in Kenya already in 2001 through the Children Act, but has continued mainly due to poorenforcement.The Act makes it an offence to allow the use of any premises such as health facilities to carry outthe practice, to be in procession of a tool or equipment associated with the practice, and failure toreport the practice. The penalty is a fine of not less than two hundred thousand shillings or not lessthan three years in jail, or both. The Act criminalises use of derogatory or abusive words on thosewho have not undergone traditional circumcision, a situation that affects both girls and boys. Thepenalties are severe and apply to parents, traditional circumcisers, medical personnel, andsuppliers who face three to seven years in prison sentence. The Act recognizes that some girls arebrought to Kenya from abroad to undergo the practice while others are taken out of the country andto this end the Act makes it an offence to hire a person to perform FGM or fail to report theincidence of FGM. Causing death through performing FGM can lead to life imprisonment. Caseshave already been taken to court and by the end of 2011, five people had been charged withvarious offences related to FGM.However, it is important that alongside law enforcement massive campaigns targeting children,parents, communities, and law enforcement agents among others should continue. Alternativerites of passage used by communities play a significant role in helping girls feel they have passedfrom childhood to adulthood, while still enabling them to complete their education. They are alsosaved from child marriage and health complications arising from circumcision including death. 45Some of the measures undertaken by government to implement the Act include the following:Updating the National Plan of Action for the Elimination of FGM 2008-2012The National Plan of Action for the Elimination of FGM 2008-2012 as well as other policies havebeen updated in order to conform with the Act through the support of the Joint Programme to theMinistry of Gender, Children and Social DevelopmentCapacity building of stakeholdersThe Federation of Kenya Women Lawyers, (FIDA Kenya) with support from the Joint Programmehas trained community leaders, police and probation officers on the Act. Organizations in thechildren sector including GCN have also conducted awareness raising workshops withincommunities where the organisation runs programs.Challenges The main challenge in ensuring effective implementation of the FGM Act is resistance tochange by families who believe that for a girl to become a woman she must undergo FGM,and religious leaders who insist that the practice is a religious requirement.45Save the Children has supported communities to embrace the rite of passage and even developed advocacy material on theissue.38