| Literature DB >> 32411971 |
Abstract
Sexual and Gender Based Violence (SGBV) in Kenya is highly complex requiring a multi-sectoral approach for comprehensive management. This complexity is worsened by the acceptance of Sexual Violence within a patriarchal society, harmful traditional and cultural practices, breakdown of law and order especially during electoral periods, all heightened by abject poverty. There are numerous programs on interventions costing millions in local and foreign currency, however grave gaps still exist at key levels across all sectors even after years of continued intervention. The overall lack of specialist forensic knowledge required to strengthen key service provision contributes to the rise of many parallel and poor quality approaches. The challenges that victims face in accessing justice are tremendous while suspects' rights to a fair trial requires serious evaluation. The value of specialist forensic service provision in achieving Sustainable Development Goal number 16 in Kenya or in a developing country context cannot be underestimated.Entities:
Keywords: Assault management; Judicial outcome; Multi - agency; Sexual and gender based violence; Victim and suspect
Year: 2019 PMID: 32411971 PMCID: PMC7219195 DOI: 10.1016/j.fsisyn.2019.06.001
Source DB: PubMed Journal: Forensic Sci Int ISSN: 2589-871X Impact factor: 2.395
| RECOMMENDATION NO | SECTOR RESONSIBLE | OBJECTIVES | ACTION | DELIVERABLE |
|---|---|---|---|---|
| Recommendation 1.1 | Mapping of the current national and county (only public sector) infrastructure of SBGV prevention, response and protective mechanisms | To identify the current available resources in the public sector so as to assess the gaps and then seek to address them | To set up an inter-ministerial taskforce comprising of all relevant ministries, state departments', Council of Governors and set terms of reference for its work | A report on national/county (only public sector) resources available for tackling the SGBV menace |
| Recommendation 1.2 | Reorganization and Redistribution of available state resources (staff/infrastructure/equipment/vehicles) | The development of Multi- Agency Assault Management Centers one per county | Review the report on the available resources in section | A resource mobilization strategy for the implementation plan of the development of MAAMC centers countrywide |
| Recommendation 1.3 | To harmonize all forensic documentation for SGBV/Child Abuse/Assault cases | To reduce victim fatigue and re-traumatization, dilution of information and loss of evidence | To engage stakeholders for the adoption of a reviewed and updated Government of Kenya Medical Examination Report Form (P3) | An updated Government of Kenya Forensic Medical Examination Report Form (P3) |
| Recommendation 1.4 | The creation of an independent/semi-autonomous National Forensic Institute | To ensure the coordination of forensic service provision and promotion of forensic best practices and standards (e.g. national approved sexual assault evidence collection kits, forensic evidence packaging amongst others) | An agreement between key state stakeholders for the set up of a mechanism to restructure forensic service provision | An independent/semi-autonomous National forensics Institute established and operationalised |
| Recommendation 1.5 | To create a centralized regulatory, monitoring and evaluation mechanism for SGBV | To ensure that a strong, efficient and functioning regulatory and monitoring mechanism for SGBV is in place. | To review current efforts at regulation and monitoring and identify opportunities to strengthen regulatory, monitoring and evaluation efforts by way of an assessment report. | A regulation, monitoring and evaluation template |
| Recommendation 1.6 | Standardization of all training programs in SGBV related matters. (content/syllabi/materials/staff) for all sectors (state and non-state) | To harmonize all training efforts across all sectors (state and non-state) to ensure accountability in capacity building and quality service provision | Request for all information on capacity building programs from all sectors (state and non-state) | A centralized database of all information on capacity building efforts countrywide |
| Recommendation 2.1 | Civic education must go hand in hand with reform initiatives across all sectors. | To build awareness and change the perception on community crime scene response | Conduct a review of all current information on SGBV that is within the public domain using a multi-disciplinary approach | A well informed society |
| Recommendation 3.1 | To ensure there exists a human resource strategy for forensic medical staff and practice | To identify suitable cadres of personnel to carry out forensic medical services with clearly defined scope of practice | To engage the Ministry of Health and county health sectors to map out human resources working on forensic medical cases | A forensic medical human resource strategy |
| Recommendation 3.2 | Capacity building of forensic medical staff | To build a qualified medical workforce that is aware of fundamental forensic medical principles and can apply them to cases for a fair judicial outcome | To conduct a Training Needs Assessment (TNA) and come up with a TNA report | A competent forensic medical workforce that contributes positively to the criminal justice system |
| Recommendation 3.3 | Development of standard operating procedures in the forensic medical methods and principles of SGBV and Non – Accidental Injuries in Childhood | To ensure that quality forensic medical services are provided at all institutions carrying out forensic medical services. | The Clinical Forensic Medicine Unit is mandated to initiate a mechanism to create standard operating procedures and algorithms | A standard operating procedure for forensic medical methods and principles applicable to SGBV and Non – Accidental Injuries in Childhood |
| Recommendation 3.4 | Provide sufficient support staff (medical and non-medical) | To ensure that forensic medical and non-medical staff are supported to function optimally | Engage relevant ministries where these medical and non-medical staff are housed for re-deployment to the Multi-Agency Assault Management Centers | Timely, equitable, efficient and effective quality service provision through well-functioning Multi-Agency Assault Management Centers |
| Recommendation 3.5 | Regular supervision for maintenance of mental and physical well-being of staff | To ensure a regular mechanism on debriefing of forensic medical and non-medical staff in the MAAMCs and within criminal justice system | Engage relevant state and non-state actors for mandatory psychosocial support mechanism(s) | A mentally healthy workforce dealing with SGBV |
| Recommendation 4.1 | The creation of a special unit for investigation of sex crimes for the optimal management of these cases; Sex Crimes Unit. | To ensure the formation of an SGBV unit to investigate SGBV crimes. | To request the National Police Service to form a Sex Crimes Unit utilizing existing trained personnel. | A robust and driven investigative unit with a strategic and operational mandate in crimes of SGBV. |
| Recommendation 4.2 | To ensure that the investigation component of provision of services for victims of SGBV attended to by the police investigators at the Multi -Agency Assault Management Centers according to international best practice. | To bring the police investigators and the beneficiaries of the service in close proximity to other service providers in a safe, friendly and ethical environment. | Through the Sex Crimes Unit and the local county structures deploy investigating officers whose mandate is solely SGBV investigation. | A dedicated and well supported network of SGBV investigators. |
| Recommendation 4.3 | Capacity building for police investigators deployed within the Sex | To adequately train police investigators within the Sex Crimes Unit responsible for SGBV case investigation. | To engage the appropriate (Internal and external police related and non-police related) consultants well versed with the police sectors response to SGBV. The aim of this is to create: A modern, practical and contextualized curriculum for training A training strategy A deployment strategy | A modern, practical and contextualized curriculum on SGBV investigation. |
| Recommendation 4.4 | A capacity building mechanism that involves a basic sensitization on SGBV for all police within the National Police Service. | To ensure a police force that appreciates the high level crime of SGBV and the need for proper investigations. | To review the current curriculum and make proposed amendments on content, training hours within the context of overall training. | An up-to date overall training curriculum for the National Police Service that respects the rights of victims and suspects in accordance with the Constitution of Kenya and other adopted international laws that Kenya is signatory to. |
| Recommendation 5.1 | Capacity building of Judicial and prosecutorial officers | To build the capacity of judicial and prosecutorial officers within the criminal justice system to better understand the terms and dynamics of SGBV crimes. | Current trainings of these officers should be updated to include key topics in forensic medicine with sufficient time provided for each. | Officers better able to navigate through medico – legal expert witness testimony and contribute to fair judicial outcomes. |
| Recommendation 5.2 | Recognition of the need for the management of forensic medical expert witnesses in terms of their gazettement, involvement in pre-trial preparation and facilitation to and from the courts. | To ensure support for the gazettement of forensic medical expert witnesses to provide services and subsequent testimony in court within a standardized system. | The ODPP/Department of Justice as primary stakeholders should champion a multi-stakeholder initiative on the development of Guidelines for the Management of Expert Witnesses. | Gazetted Forensic Medical Expert Witnesses |
| Recommendation 6.1 | To ensure the establishment and operation of an independent complaints' reporting mechanism for learning and teaching staff. | To enable unhindered and timely reporting by any individual to the office of the ombudsman. | To deploy an ombudsman and set terms of reference for the post (with an intention to grow this into a unit for operational coverage). | An Ombudsman Unit developed at the Ministry of Education. |
| Recommendation 6.2 | To ensure that response mechanisms to SGBV are clearly understood at orientation/induction into learning institutions | To holistically orient learning and teaching staff into educational institutions | To engage the relevant stakeholders to ensure that standard operating procedures are regularly reviewed and updated. | A regularly reviewed and updated standard operating procedure addressing response to SGBV |
| Recommendation 6.3 | To ensure that the school infrastructure promotes the safety of learning and teaching staff at all times. | To ensure adherence, harmonization, review and updating of school safety standards. | To set up a school safety technical working group and set up a terms of reference for it. (Including examine Architectural/infrastructure design vs. school | The development of a safety data sheet/template (regularly reviewed and updated). |
| Recommendation 6.4 | To deter sexual predators from school going children. | To utilize forensic science to identify the perpetrators involved in Child Sexual Assault of school going children. | Through the MoI, MoH and DCS launch immediate official investigations to locate, identify, arrest and prosecute all those involved in the crime. | Located, identified and prosecuted sex offenders. |
| Recommendation 7.1 | To ensure protection of all persons detained in custody including those in need of protection, those awaiting trial outcomes, those convicted of crimes and or those in need of rehabilitation: Police custody Prison facilities Borstal/Juvenile correctional institutions. | To review current legislation for persons in custody to address prevention, response and protection of detained persons from SGBV and torture. | Draft legislation on the elimination of sexual and assault offences in custody. | A custodial/prison sexual and Non Sexual Assault Elimination Act |
| Recommendation 7.2 | To improve the infrastructure of correctional facilities by adhering to the Mandela Rules (United Nations Standard Minimum Rules for the treatment of prisoners) which are necessary for rehabilitation. | To reduce overcrowding in correctional facilities for the purpose of reducing SGBV related crimes. | To upgrade the infrastructure of current facilities. | Upgraded current correctional facilities. |
| Recommendation 7.3 | To establish the status on custodial medicine (a branch of forensic medicine). | To conduct an assessment on custodial medicine. | To engage relevant stakeholders to establish a mechanism with Terms of Reference for a joint assessment on custodial medicine in Kenya. | A joint assessment report encompassing all aspects of custodial medicine with recommendations for implementation. |
| To promote integrity through preventative measures. | To reduce avenues that create opportunities for corruption in the management of SGBV. | Conduct an assessment on opportunities for corruption in the current response to SGBV in Kenya. | An assessment report on the opportunities for corruption with recommendations for implementation. | |
| SDG | SDG STANDS FOR | SDG TARGETS | MAAMC CONTRIBUTION |
|---|---|---|---|
| Good Health and Well Being (Ensure healthy Lives and promote well-being for all at all ages) | 3.5 - Strengthen the prevention and treatment of substance abuse, including narcotic drug abuse and harmful use of alcohol | Gathers the evidentiary material for analysis enhancing the need for strengthened Forensic Toxicology capacity (Drug and substance use analysis). As a result to contribute to the collection of disaggregated data on Drug Facilitated Rape to provide information on the contribution of these drugs to SGBV | |
| 3.7 - By 2030, ensure universal access to sexual and reproductive health-care services, including for family planning, information and education, and the integration of reproductive health into national strategies and programmes | To contribute to and promote preventive measures and the appropriate response to SGBV at county and national levels of government | ||
| 3.8 - Achieve universal health coverage, access to quality essential health-care services and access to safe, effective, quality and affordable essential medicines | To contribute and facilitate the provision of needs of victims of SGBV by assisting them to access health package services (emergency services under basic and specialized essential health services) that are essentially accessible and available to all as per Universal Health Coverage aspirations. These include provision of STI prophylaxis and emergency contraception. | ||
| 3.C - Substantially increase health financing and the recruitment, development, training and retention of the health workforce in developing countries | To contribute to the development of a critical mass of a qualified forensic medical workforce, ensuring further appropriate capacity building and career progression for staff | ||
| Quality Education (Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all) | T8 - Build and upgrade education facilities that are child, disability and gender sensitive and provide safe, nonviolent, inclusive and effective learning environments for all | To contribute to response mechanisms in collaboration and cooperation with the educational facilities in counties and a proposed Office of the Ombudsman at Ministry of Education | |
| Gender Equality (Achieve gender equality and empower all women and girls) | T1 - End all forms of discrimination against all women and girls everywhere | To systematically and consistently use forensic medical science to bring about confidence in evidence based convictions. This will serve as a deterrent to potential perpetrators by changing the perception of getting away with a SGBV crime in the Criminal Justice System. | |
| T4 - Ensure women's full and effective participation and equal opportunities for leadership at all levels of decision making in political, economic and public life | To ensure equitable opportunities for women to be identified, recruited and deployed for work at the centers. | ||
| Peace, Justice and Strong Institutions (Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels) | T2 - End abuse, exploitation, trafficking and all forms of violence against and torture of children | A dedicated child protection network ensuring immediate response to distress following suspected child sexual assault/child abuse. | |
| T3 - promote the rule of law at the national and international levels and ensure equal access to justice for all | Will enhance the public's confidence in the State's response to SGBV | ||
| T5 - Substantially reduce corruption and bribery in all their forms | Will ensure the establishment of transparent and effective systems for work flow processes through automation | ||
| T7 - Ensure responsive, inclusive, participatory and representative decision making at all levels | The positioning and presence of different stakeholders (multi-agency staff) in the center will ensure that holistic/comprehensive management of each victim/case is carried out including peer reviews and pre-trial preparations | ||
| T10 - Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements | Acts as a source of relevant information for the public to essential services as well as their rights and freedoms. | ||
| T11 Strengthen relevant national institutions, including through international cooperation, for building capacity at all levels, in particular in developing countries, to prevent violence and combat terrorism and crime | Would strengthen the cooperation and improve the collaboration of the different agencies working together under a national body to oversee the technical support to county centers. | ||
| Partnerships for goals (Revitalize the global partnership for sustainable development) | Capacity Building Target | Liaison with well renowned education institutions for training of personnel from the different sectors who comprise the response team | |
| Data, Monitoring and Accountability | Contributes to the collection of disaggregated data on SGBV |