Tag: Stephanie Musho

To Attain the SDGs, We Must End Female Genital Mutilation — Global Issues

In Africa, an estimated 55 million girls under the age of 15 have experienced – or are at risk of experiencing – FGM. Credit: Shutterstock
  • Opinion by Stephanie Musho, Esther M Passaris (nairobi)
  • Inter Press Service

NAIROBI, Oct 20 (IPS) – The tips of our fingers have densely packed nerve endings. That is why a miniscule paper cut activates our pain receptors and causes stubborn pain for a day or two. Now consider that a clitoris has over 10,000 nerve endings. It is the human female’s most sensitive erogenous zone, explaining the sexual pleasure it elicits at the slightest touch. A paper cut on your clitoris would be agonizing yet does not compare to the pain of female genital mutilation – or FGM.

The consequences are devastating and far-reaching, permeating social, political and economic facets of daily life. Consider that the current and future financial cost of health care alone for women living with conditions caused by FGM is USD 1.4 billion   annually.  Yet,  over 4 million women and girls remain at risk of undergoing this violation.

Unlike male circumcision that has been found to reduce transmission rates of HIV and sexually transmitted infections, FGM has no medical benefits. It is simply a function of patriarchy meant to sexually control women.  The consequences of FGM are dreadful.

Survivors have spoken out on what sex is like after this heinous mutilation:  they feel no sexual pleasure, only excruciating pain. Childbirth is even worse as they are more susceptible to complications, increasing the prevalence of maternal mortality and morbidity by way of obstructed labor, fistula, post-partum hemorrhage, sepsis and ultimately death. The psychological effects are extensive too, resulting in, among other things, depression, crippling anxiety, and even suicide.

Worse still is that the repercussions extend beyond physiology. FGM is often a precursor to child marriage, cutting off the prospects of a girl or young woman actualizing themselves. It is further compounded by conflict and climate crises. In such contexts, bride price is deemed to be an ‘easy escape’ from economic hardships. This false perception makes an already bad situation worse.

In Africa, an estimated 55 million girls under the age of 15 have experienced – or are at risk of experiencing – FGM. This is despite the existence of robust laws and policies that criminalize this violation in at least 28 countries on the continent. For example  50% of these 55 million girls are found in three countries – Egypt, Ethiopia and Nigeria, and all three countries have criminalized the practice. This disregard of the rule of law can be attributed to deeply entrenched cultural dogma, founded on patriarchy that perpetuates the clashing of harmful culture with the legal code.

Additionally, African women and girls in the diaspora, such as those among the 11 million Africans in Europe and 2 million in the U.S., continue to suffer, with little to no legal protections in place. Aggravating this is that undocumented migrants have little recourse, as seeking protection from FGM would expose them to detention and deportation.

Besides, an emerging trend in the fight against FGM is the contention with cross border FGM. This is where communities travel outside of territories with stringent laws that criminalize the practice to carry out the violation elsewhere to avoid prosecution. This is termed ‘vacation cutting’. It is consequently imperative that FGM is criminalized everywhere, for there to be progress towards our shared global sustainable goals.

The fight to end this scourge is made harder by the medicalization of FGM where health professionals conduct the practice in place of traditional ‘cutters’; in a fallacious and inadequate attempt to mitigate the damaging impacts of FGM.  In fact, a qualified medical doctor recently filed an application in the High Court challenging the prohibition of FGM, citing criminalization of the practice as a violation of bodily autonomy and an infringement of a woman’s right to uphold her culture. This is a reiteration of the need to double down efforts to eradicate the practice as there are those among us that remain committed to the continued relegation of women and girls, and their entrapment in vicious dependency and poverty cycles in the name of culture.

It is then evident that ending FGM requires an armory of varied strategies. This begins with the understanding that when a country becomes party to an international legal instrument, it consents to limitations to its sovereignty and must therefore fulfil its obligations under international law.

This includes those under African Charter on People’s and Human Rights on the Rights of Women in Africa – commonly known as the Maputo Protocol, for African States; and the United Nations Convention on the Elimination on all forms of Discrimination Against Women (CEDAW), among others. These are important tools towards much needed universal criminalization of and ending FGM.

The world is currently at the midpoint of the sustainable development goals (SDGs) set to elapse in 2030, and all indications point to a completely off-track trajectory – if not regression. If the current rate of progress continues, it could take nearly 300 years to attain gender equality.

While some could argue that it is unrealistic to succeed in 7 years, it is certainly possible to accelerate action and shorten this depressing forecast. We must therefore accelerate action and truly leave no one behind. This means protecting those at risk of this horrendous violation of women and girls. Additionally, a needed increase in financial investments; and it makes financial sense to make them since ending FGM saves economies the costs of the attendant consequence.

The time is now to focus on FGM because while there are ongoing efforts to reform the global financial architecture towards financing for development, these have been heavily centered on climate action.  Whilst this is indeed important, the relegation of other goals in this pursuit runs the risk of pushing them – including those on women and girls further to the periphery. These spaces must be expanded towards intersectional collaboration towards financing and meeting our people and planetary goals.

Additionally, there are at least 40 general and presidential elections slated for next year. Fifteen elections are in Africa; 7 in the Americas; 8 in Asia; another 8 in Europe and 2 in Oceania. It is an opportune time for the electorate to demand the inclusion of gender and health rights like ending FGM in manifestos as a start.

People can appraise track records and thereafter hold elected leaders accountable to their commitments including on increased budgetary allocations and transparency in expenditure. Good governance is indeed central to these efforts.

Ultimately, ending FGM requires a concerted effort, a global push with full solidarity where everyone has a responsibility to act. If the rights of women and girls are not prioritized and intersectionality leveraged, as deliberated on at the just concluded International Conference on FGM, we will ultimately fail to achieve Agenda 2030 in its entirety and possibly even our health and gender goals in our lifetime.

 

Stephanie Musho is a human rights lawyer and campaigner; and an Aspen New Voices Senior Fellow

Hon. Esther Passaris is a Member of Parliament in the Republic of Kenya and a member of the Pan African Parliament 

© Inter Press Service (2023) — All Rights ReservedOriginal source: Inter Press Service

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International Human Rights Law As a Tool To Stop Rising Homophobia in Africa — Global Issues

Currently, there are four African countries that operate capital punishment for being gay. These are Mauritania, Niger, Somalia and South Sudan. Credit: Dai Kurokawa/EPA
  • Opinion by Stephanie Musho (nairobi)
  • Inter Press Service

NAIROBI, Apr 14 (IPS) – Imagine your government enacted a law where you and all people of your race or economic status were imprisoned for extended periods, with some facing the death penalty, simply for existing. In Uganda, sexual and gender minorities are facing this possibility should President Yoweri Museveni sign into law a recently passed Anti-Homosexuality Bill that discriminates against people based on their sexual orientation.

This comes almost a decade after a similar law dubbed ‘Kill the Gays’, was repealed on procedural grounds. For years, the issue of LGBTQ+ rights in the country has been a game of psychological and emotional ping-pong where every so often the worst fears come close to becoming a reality with the enactment and repeal of these laws. Consider the renewed anguish that members of the LGBTQ+ community now face with the alarming possibilities that this draconian Bill seeks to make law.

Under this legislative proposal, homosexual ‘conduct’ by adults is not recognized as consensual. This would essentially categorize LGBTQ+ persons with sex offenders including rapists. Additionally, persons who simply identify as LGBTQ+ would face a penalty of up to 10 years in prison. The Bill also seeks, among other things, to punish the ‘promotion of homosexuality’ – that extends to family members and allies including the staff of human rights organizations.

The Bill seeks to introduce the offence of ‘aggravated homosexuality’ where offenders would be subjected to mandatory HIV testing to ascertain the status of the offender. If found to be HIV positive or is a serial offender, could face the death penalty. Not only is this discrimination on sexual orientation, but discrimination based on health status. This is illegal, immoral and unethical.

Despite the last execution happening in 2005, Uganda still maintains the laws and structures to carry out execution orders. Currently, there are four African countries that operate capital punishment for being gay. These are Mauritania, Niger, Somalia and South Sudan.

These homophobic ideologies have also gained traction in West Africa, where Ghana’s parliament is also considering an anti-gay proposed law officially known as the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill, 2021. If passed, LGBTQ+ persons face between three to five years imprisonment.

Marrying a person that has had gender reassignment surgery would be outlawed and so would cross-dressing. The government could also force ‘’corrective surgery’’ for intersex persons. Additionally, advocates and allies of the LGBTQ+ community could face jail time for offering their support and protection to sexual and gender minorities.

Since the introduction of these Bills, the LGBTQ+ community and allies in Uganda and Ghana have been the subject of numerous hate crimes including harassment and intimidation, arbitrary arrests and assaults. Just recently, a senior ranking government official in Uganda declared that gay people should not be treated in state-owned public health facilities.

In Kenya, a Member of Parliament, Peter Kaluma, has recently submitted to the Speaker of the National Assembly an anti-homosexuality proposed law through the Family Protection Bill. The homophobic Bill has similarities with the ones in Uganda and Ghana. It criminalizes homosexuality and its promotion.

Additionally, the Bill seeks to limit the rights to assembly, demonstration, association, expression, belief, privacy, and employment in child care institutions in respect of homosexuality convicts and those engaged in LGBTQ behavior. If the Bill goes through, LGBTQ+ persons in Kenya will also be unable to adopt children and found families. Worth noting is that the Bill also seeks to ban sexual health & rights, and sexual education.

This came shortly after the Supreme Court in Constitutional Petition 16 of 2019 ruled that the government’s refusal to register an organization of persons within the LGBTQI+ community amounts to violation of the freedom of association and freedom from discrimination. Mr. Kaluma compares the natural act of two consenting adults deciding to love each other, ‘a vice that will destroy the society’. He even likened it to bestiality. Other leaders have been vocal against LGBTQ+ rights including the President – William Ruto, who is heavily influenced by religion.

This opposition extends to the wider ambit of sexual and reproductive health rights. Here there is a coordinated attack on bodily autonomy and choice, driven majorly by foreign organizations. There also remains steadfast opposition within the gender and reproductive justice movement, particularly in Kenya.

It is a fallacy to claim to be an organization working on sexual and reproductive health and/or rights but draw the line at access to contraceptives and comprehensive sexuality education for adolescents; or at access to safe abortion. Similarly, it is logically impossible to be a human rights organization but take issue with LGBTQ+ rights. The underpinning principles and values of human rights stipulate that they are interdependent. The absence of one right negates the fulfillment of another.

Uganda, Ghana and Kenya all have obligations under international human rights law. These are legally binding and not merely suggestive. By allowing the progression of these anti-LGBTQ+ laws, these governments will have violated the human rights of their own people. These include freedom from torture and cruel punishment, freedom from discrimination, freedom of expression, the right to privacy and all other rights that pertain to the security of person.

One might argue that the homophobic wave in Africa is quickly spreading because LGBTQ+ rights are un-African. The opposite is true. In pre-colonial Uganda, the King of the Buganda Kingdom, Kabaka Mwanga II, was an openly bisexual man. He did not face any resistance until the advent of the white Christian missionaries.

Many other African cultures had women husbands where same-sex marriage was allowed. There are 19 African countries where homosexuality is legal. Does it then mean that these countries are less African than the rest? The criminalization of gay rights in Africa is in fact another detrimental product of colonialism on the continent.

Additionally, religious dogma is often advanced to curtail human rights. Despite whichever faith we subscribe to, none is underpinned on hate and intolerance. It is therefore ironic that the proponents of such like legislative proposals are seeking to legalize targeted violence and killings on people not because they have done harm, but merely because they are different.

Regional and international human rights mechanisms must therefore be ready and willing to hold these three African states accountable to their international legal obligations should the proposed homophobic laws pass in the respective jurisdictions.

Member states of the United Nations and other multilateral organizations must follow through with sanctions that are targeted at government officials including the legislators that introduce the inhumane Bills. African states must no longer hide under the principle of sovereignty to claw back on human rights in justifying the mistreatment and deaths of human beings.

Stephanie Musho is a human rights lawyer and a Senior Fellow with the Aspen Institute’s New Voices Fellowship.

© Inter Press Service (2023) — All Rights ReservedOriginal source: Inter Press Service



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Urgent Need to Enact Proposed Law to Secure Sexual and Reproductive Health in East Africa Countries — Global Issues

The proposed law seeks to provide age appropriate sexual and reproductive health information and services. Credit: Miriam Gathigah/IPS
  • Opinion by Stephanie Musho (nairobi)
  • Inter Press Service

NAIROBI, Jun 27 (IPS) – The Ministry of Health in Kenya recently reported that about 700 teenage girls got pregnant daily over a two-month period, in this year alone. What is more is that during this period, 98 adolescent girls between the ages of 10 and 19 contracted HIV every week in this time period

Worse still is that HIV positive women in the country continue to be stripped of their dignity and face abuse in the form of forced sterilization which is as a warped method of reducing HIV infection despite there being no scientific evidence to support these assaults. Moreover, consider that concurrently, 7 women die every day from complications arising from unsafe abortion.

This is only a snapshot of the depressing state of sexual and reproductive health and rights in the country.

The grim reality however does not seem dire enough for Kenyan parliamentarians who have twice before – in 2014 and in 2019, failed to enact separate but similar legislation – the Reproductive Health Bills – that would have provided a framework to mitigate the prevailing circumstances, prevent future occurrences and ultimately bring down these figures.

The much-needed legislation was not passed despite the Constitution providing for the right to the highest attainable standard of health – including reproductive health in article 48 (1) (a).

Worse still is that policies are often drafted, and withdrawn at the whim of Ministry of Health officials, leaving Kenyans at the mercy of individuals and their biases.  Take for instance the Standards and Guidelines on Safe Abortion which were developed to direct medical practitioners on how to administer safe medical abortion, in compliance with the law.

The then Director of Medical Services, Dr. Nicholas Muraguri arbitrarily withdrew the policy document. The High Court ruled in 2019 that Dr. Nicholas Muraguri and the Ministry of Health violated the rights of Kenyan women and girls in withdrawing these guidelines and ordered their reinstatement. This was not done. Consequently, women and girls in need of safe abortion, with very few – or no safe options.

In 2022, the Head of Reproductive and Maternal Health in the same ministry, Dr. Stephen Kaliti wrongfully stated that giving contraceptives to minors is a criminal offense punishable by a jail term of up to 20 years. In his erroneous statement that pointed to a proposed policy that is yet to be passed, Dr. Stephen Kaliti misled millions of Kenyans. To make matters worse is that the police then use such pronouncements to harass patients and service providers. Consequently, they are hesitant to give and seek services respectively, exacerbating the crisis.

The state of affairs is depressing. Nonetheless, there remains hope at regional level. On the floor of the East Africa Legislative Assembly is the East Africa Community Sexual and Reproductive Health Bill, 2021 (EAC SRH Bill); sponsored by Hon. Kennedy Mukulia; a South Sudanese national representing South Sudan in the House.

The Bill is anchored on article 118 of the East Africa Community Treaty which speaks to the commitment by partner states to cooperate in health specifically in the advancement of reproductive health and rights.  If passed, all partner states of the EAC will be required to integrate sexual and reproductive health in their efforts towards universal health coverage. Additionally, countries will be required to harmonize their national health policies and regulations, more so, on and sexual and reproductive health rights.

Specifically, the proposed law seeks to provide age appropriate sexual and reproductive health information and services. Often, most people associate the term “age-appropriate” in the ambit of sexual and reproductive health and rights only with adolescents.

Stephanie Musho

Nonetheless, it cuts across the divide; including provisions for elderly persons on issues of menopause and andropause – which is a collection of symptoms, such as fatigue and a decrease in libido, experienced by some middle-aged or older men and attributed to a gradual decline in testosterone levels.  Additionally, the Bill seeks to prohibit and facilitate the elimination of harmful practices from the community.

These include female genital mutilation, forced sterilization of HIV positive women and forced marriage among others. Which all remain pressing issues in all partner states of the East Africa Community.

While it could be argued that countries are sovereign and will retain the current hard stance on sexual and reproductive health and rights; the Bill has a clause on monitoring and reporting where if passed, all countries will have to provide reports as to the state of implementation to the Secretary General who will then provide a compiled report to the legislative assembly.

Where dissatisfied with fellow states’ progress – or lack thereof, partner states can engage mechanisms including through the East Africa Court of Justice among others, to hold other states accountable to their commitments. This is a welcome prospect as countries – including Kenya have a history of selectively adhering to the rule of law at national level.

As the Bill comes up for public participation on June 26 2022, it is important that Kenyans and all other persons in the East Africa Community fully understand the issues articulated in the Bill. Thereafter submit informed memoranda to the East Africa Legislative Assembly. It is important that we #PassEACSRHBill to put an end to preventable diseases and preventable deaths.

Stephanie Musho is a Nairobi-based human rights lawyer and a Senior Fellow at the Aspen Institute. She is the Host of the Steff Musho Show, that focuses on leadership in Africa. Twitter: @steffmusho

© Inter Press Service (2022) — All Rights ReservedOriginal source: Inter Press Service

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Government Ministries Must Collaborate to End Teenage Pregnancy Crisis in Kenya — Global Issues

Credit: Michael Duff/UNFPA
  • Opinion by Stephanie Musho
  • Inter Press Service

Apr 29 (IPS) – The Ministry of Health in Kenya recently reported there were 45,754 cases of adolescent pregnancies between January and February this year – that translates to 700 cases a day. Of the total number, at least 2000 of these cases resulted from sexual and gender based violence (SGBV), a figure which is likely lower than the reality.

What is more is that every week, 98 girls were reported to have contracted HIV in the study period.

Having been a teenage mother myself and now a sexual and reproductive health advocate, the worrisome statistics hit close to home. As Kenyans, we have cultivated and normalized a culture of public outcry on issues of concern and shortly thereafter, swiftly moving on.

This must change. We must pay attention to this crisis and address it. The price to pay if current trends continue is too high, as this directly touches on the lives of the future of our great Republic.

Stephanie Musho

The effects of teenage pregnancy are often deleterious affecting that affect the social and, economic aspects of young mothers. Consider that often, teenage mothers drop out of school due to the stigma, and are inadequately supported postpartum to return to school in their new status of motherhood.

Disruptions in education ultimately perpetuate a vicious economic dependency cycle, often on people who abuse their vulnerability. There are also health risks involved like infections and obstetric fistula among others – as well as mental health challenges including anxiety and depression.  Additionally, babies born to adolescents are more likely to have low birth weight and severe neonatal conditions.

The startling figures from earlier this year point to two scenarios. On the one hand is that adolescents are engaging in consensual sex amongst themselves. This could be attributed to curiosity and the raging hormonal changes that come flooding in at puberty.

On the other hand, incidents could point to a sexual and gender based violence crisis that is perpetuating the teenage pregnancy crisis in the country. For both scenarios, Kenya has a robust legal and policy framework to prevent these crises that must be better employed.

The Constitution, which is the supreme law of the land, explicitly guarantees the right to reproductive health in Article 43. This is working in tandem with the National Adolescent Sexual and Reproductive Health Policy (2015) that employs a preventive approach to teenage pregnancy through, among others, the access to correct sexual and reproductive health information.

Additionally, is the Return to School Policy that provides guidelines on the reintegration of adolescent mothers to school, postpartum. Additionally, the Children’s Act, the Sexual Offences Act and the Penal Code all prescribe strict punishment for sexual and gender based violence.

These are complemented by the Kenya School Health Policy which ideally safeguards learners from the same.

So, there are laws, but the problem lies in the implementation – or lack thereof, of these solid frameworks.

Implementation is additionally hindered when duty bearers misinterpret or are unaware of their own policies. Just recently, a senior Ministry of Health official publicly stated that giving contraceptives to minors is a criminal offense punishable by a jail term of up to 20 years.

This is however not a true representation of the existing legal and policy framework. In his erroneous statement that pointed to a draft policy that is yet to be passed, the ministry official misled millions of Kenyans.

The crisis at hand shows how critical it is for adolescents to receive correct information on sexual and reproductive health, products and services to make wise decisions.  Opponents argue that this would increase promiscuity among adolescents.

However, that perspective remains an inadequate rejoinder because the fact of the matter is that whether we like it or not, teenagers are having sex – a lot of it too.  They therefore need to freely make informed decisions that protect their health and their future.

As we move into the month of May which is dedicated to preventing and ending teenage pregnancies worldwide, the Kenyan government must intentionally work on ending the scourge that has persisted over the years.

The Ministry of Health must provide products and services for prevention and mitigation in accordance with the law. The Ministry of Education must work to standardize and deliver comprehensive sexuality education across the country.

To galvanize this, Kenya must reaffirm the regional Ministerial Commitment on Comprehensive Sexuality Education and Sexual and Reproductive Health Services for Adolescents and Young People in Eastern and Southern Africa which it signed in 2013 but shied away from recommitting to in December 2021.

The Ministry of Interior and Coordination of National Government under which security falls, must work to investigate and provide evidence for the prosecution of perpetrators.

The Ministry of Culture must also fight against harmful traditional practices that feed into the crises. This should all be in collaboration with the relevant ministries that house the youth affairs and gender affairs dockets respectively.  Until then, the health, life and future of Kenyan girls hang in the balance.

Stephanie Musho is a human rights lawyer and a Senior New Voices Fellow at the Aspen Institute

© Inter Press Service (2022) — All Rights ReservedOriginal source: Inter Press Service

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