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Freedom of information, protection & promotion of human rights/Liberte de l'information, protection & promotion des droits humains.

Article Excerpt
Freedom of information is the citizen's right to know and access official information held by the government, public bodies and some private bodies. The right to freedom of expression and information are legally protected at the international, regional and national levels. Kenya is a signatory to international conventions that seek to protect and uphold freedom of expression. Such international instruments include the Universal Declaration of Human Rights, The International Convention on Civil and Political Rights and the African Charter on Human and People's Rights. The Constitution of Kenya protects the right in Section 79.

Access to information will go a long way in protection of women's rights which have often been infringed mainly due to lack of information that is why we seek enactment of the Freedom of Information Law in Kenya in 2008. The FOI Bill 2007 was before Parliament but it lapsed when Parliament was dissolved for elections and has to be re-introduced. The Prime Minister Hon. Raila Odinga promised on July 8th 2008 that the Government will introduce the Bill before the House. Similar promises have been made by the Ministry of Information and Communications. It would be good if the Women of Kenya who constitute 52% of the population join in advocacy for this important legislation. This article seeks to highlight the various violations against women rights prevalent in society due to a general lack of information.

Freedom of information and women's rights

It is worthwhile to note that Kenya does not have any legislation that expressly provides and or guarantees the freedom of expression. Civil society and other NGOs are spearheading the cause to have Freedom of Information Bill see the light of day. Access to information held by government officials is not only an uphill task, but is also often considered a privilege. On the other hand, women are subject to abuses, victimization etc in their quest to access such information. "Lack of information leads to infringement of basic human rights of women". FOI Bill if passed will provide access to information in the hands of the government and public authorities and will establish systems and processes that promote proactive publication and dissemination of information. The Act will thus provide a legal framework that will guard against cases of insecurity, gender abuses and poverty which are rampant in society and at the same time highlight the plight of women.

Gender-based violence

Gender-based violence has been defined as "any act of gender-based violence resultsin or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life." (1) The battle against gender based violence has been jeopardized by the circumstances under which the victims live. In most cases the victims are unwilling to disclose the dehumanizing actions directed against them mainly due to fear of reprisals from the perpetrators. Kenyan wives traditionally keep silent about harassment and assault by their husbands. This leads to an atmosphere in which many cases of violence go unreported. In addition, law enforcement institutions take no action when these cases are reported to them. (2) The FOI Act is therefore necessary to provide a legal framework that will guard against cases of insecurity, gender abuse and poverty which women experience in society. The plight of women is highlighted by the absence in government institutional policies and the lack of information. Customs, moral standards, institutional regulations often marginalize the status and position of women in society.

Sexual violence

In many cases, women are exposed to poverty, conflict, HIV/AIDS .Sexual exploitation and gender based violence continues to be rampant and goes without being reported in most areas. This is often due to lack of information. Women are not aware of their rights and laws that are in place to protect their rights. In other cases, women do not know where to seek help, fear of victimization, lack of awareness on medical facilities available as well as level of trust in the police and other law enforcement institutions. Society condemns talking about sex in public. As a result women who are rape victims often suffer in silence for fear of victimization by society and their husbands who would often brand them 'prostitutes' Women are often unwilling to disclose dehumanizing actions directed at them due to social stigma and fear of victimization.

Freedom of information is necessary to publicize the evil of sexual harassment especially issues that address social evils such as sexual violence, domestic violence. Women are often exposed to many health threats because of their limited access to information and resources. Freedom of information will assist women make informed choices especially about aspects of their lives. Without information, women can neither make right choices nor assume responsibility of their lives. Intellectual growth is impeded and individual liberty and human dignity are violated. "Women are often exposed to many health threats because of their limited access to information and resources"

Domestic violence

In the fourth...

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