CHAPTER ONE
INTRODUCTION OF THE STUDY
- Introduction
This chapter entails the background of the study, statement of the problem, research questions, and objective of the study, literature review, gap in the literature, research hypothesis, justification of the study, theoretical framework, research methodology, data collection procedures, instruments, and analysis respectively.
1.1 Background of the Study
SOUTH AFRICA.
In 1961, South Africa became an independent nation. It is situated at the southernmost end of the African continent, bordering Namibia, Botswana, Zimbabwe, and Mozambique. It’s not a landscaped country, because half of the land is waters. It has undergone a strict policy of apartheid, where people were separated based on race. It has 11 official languages: Afrikaans, Ndebele, Pedi, Sotho, Swazi, Tsonga, Tswana, Venda, Xhosa, and Zulu. It has three cities that serve as capitals: Pretoria (executive), Cape Town (legislative), and Bloemfontein (judicial), while Johannesburg is the largest urban area in the country. South Africa struggles, despite being blessed by abundant natural resources.
South Africa is widely recognized as one of the fast-developing countries in Africa for its economic strength. South Africa is a democratic country that has a stable legislative and policy environment in line with international conventions to protect and promote women’s rights. To give women vital services, a set of government programs have been set up, and dynamic CSOs have been created. However, despite all these legal protections and interventions by both State and non-state actors, women in South Africa continue to face extremely high rates of violence.
KENYA.
Kenya, on the other hand, became a republic in 1964, with late Mzee Jomo Kenyatta as its first President of the Republic of Kenya. It is bordered by South Sudan, Somalia, the Indian Ocean, and Tanzania. It has three cities, namely: Nairobi, the capital city; Kisumu, which is an inland port on Lake Victoria; and Mombasa, which has been an industrial and commercial city since time immemorial. The official languages in Kenya are English and Kiswahili, but they also have 42 ethnic tribes. Language groups: Bantus, Nilote, and Cushite. Agriculture in tea, coffee, and flowers that are exported and tourism, mainly sandy beaches and the big five, have been the primary sources of revenue since time immemorial. The coastal region is blessed with beautiful sandy beaches and historical sites such as Fort Jesus, Vasco da Gama, Gedi Ruins, Pembe za Ndovu, Bombolu workshops, and Hindu Temples, etc. Kenya’s foreign policy through its five pillars: peace, economics, the diaspora, environmental and cultural activities as a guide to Kenya’s diplomatic relations to uphold the sovereignty of the country, and to foster cooperation and understanding between foreign governments.
Kenya, like South Africa, is also a democratic country with a unified legal system based on a universal law system. By ratifying the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 1984, it is clear that Kenya has indeed taken steps to promote and protect women’s rights. Even though the constitution of Kenya in 2010 improved women’s rights, unlike before, when women had not been recognized, many still have limited access to justice and are more unaware of their rights and legal status. In Kenya, VAW is still considered a private family affair. Intimate partner violence against women has strong traditional and cultural considerations in Kenya. In a study conducted by FIDA (K) in 2002, it has been shown that women are most often violated by their male relationship, mostly due to a skewed power equation at the domestic level. These women are discriminated against because they are not economically empowered to meet their basic needs properly and therefore men take charge of their sexuality and livelihoods. This predisposes them to mistreatment in key aspects of their lives.
Women are vulnerable to violence because of their female sexuality;[1] because they are related to a man[2] or because they belong to a social group, where violence against women becomes a means of humiliation directed at the group.[3] Women are subject to violence in the family,[4] to violence in the community[5] and violence by the State.[6] In recent history, there has been a growing recognition of women’s rights with the international community, adopting laws and measures that protect women from gender based violence, including IPV. Despite these initiatives however, women in developing countries, including Kenya and also South Africa, continue to experience IPV at high rates .Women everywhere are still struggling for the recognition and upholding their human rights despite the existence of CEDAW and its ratification by majority of governments. Women are exposed to high insecurity threats yet some of our constitutions talk of women and men have the right to equal treatment including the right to equal opportunities in political, economic, cultural and social spheres.
1.2 Statement of the research problem
This research seeks to identify, describe and examine the public reaction to violence against women by an intimate partner both in Kenya and South Africa. The research will also look at how the problem is affecting the society and the corresponding consequences. The overall research problem addressed in this study is that violence against women by an intimate partner continues to increase in Kenya and South Africa. There are various initiatives that are being undertaken on gender issues to address the causes of domestic violence. However, despite these initiatives little has been done to analyze the factors affecting violence against women in Kenya and South Africa. The stigma faced by the victims of intimate partner violence has made it difficult for such studies to be carried out as these victims are not willing to come forward and provide the required information.
The society is affected tremendously by these acts because being a woman, mother, daughter or sister in the society means a lot but due traditions that are mostly experienced by African countries South Africa and Kenya included, the female gender does not seem to have a safe place thus creating insecurity for them even now at the time where we are globalized. For instance in South Africa, the justice system is not weak but they are not timely, effective and efficient. The IPV victims go through secondary victimization whereby there is lack of information or lack of proper follow up due to inadequate training given to the police or justice system and the attackers go scot free as if nothing happened and continue harming other people. In Kenya women are discriminated against, as they are not economically empowered to adequately meet their own basic needs, (FIDA, 2002). This situation predisposes them to mistreatment from their male counterparts.
- Research Questions.
- What are the causes of violence against women by an intimate partner both in Kenya and South Africa?
- What impact has these cases caused to the society and women as the victims in this scenario?
- What has been done or what needs to be done in order to curtail such activities?
- What is the government approach towards intimate partner violence cases both in Kenya and South Africa?
1.4 Objectives of the study
1.4.1 Broad objective
This research seeks to identify, describe and examine the public reaction towards the violence against women by an intimate partner in both Kenya and South Africa.
1.4.2 Specific objective
The more specific objectives of the study are as follows:
- First objective of the study is to look at what are the factors responsible for the increase of violence against women by an intimate partner.
- Secondly, the study is to suggest appropriate strategies that the government of both Kenya and South Africa has applied to deter or reduce this act.
- The third objective of the study is to examine the role played by the society in addressing the problem of violence against women by an intimate partner.
- Lastly, the study sets out to identify the effects of violence against women by an intimate partner in both Kenya and South Africa.
1.5 Significance of the Study
1.5.1 The Stakeholders
The findings of the study may be useful for the stakeholders to have an understanding of the factors and the challenges facing the victims of VAW by an intimate partner and empower these victims economically, physically and emotionally. This study can also encourage the government in creating awareness of the dangers of VAW especially by the intimate partner which would in turn aid in the reduction of this type of violence. For instance in Kenya, county governments are ideal in implementing the recommendation of this study as it is easy to reach the victims of intimate partner violence victims in rural areas of every county.
1.5.2 Other Researchers
Future scholars and researches will benefit from the study as it will provide a basic for the future references in their studies and will be able to build on this study and therefore conduct a more comprehensive and conclusive study. This still remains a serious problem that needs to be further investigated into. Future researchers will be able to refer to the study to understand social relationships and seek answers to various social problems that will arise from recommendations.
1.5.3 The Community.
The citizens will be empowered and made aware of the effects and consequences of VAW by intimate partners and offenders of domestic violence in Kenya and South Africa and will therefore join in the efforts to solve the problem at hand.
1.6 Limitations of the Study
1.6.1 Uncooperative Respondents
It was anticipated that some of the respondents were not willing to give information thinking that their identity would be revealed and that would work on their disadvantage. To solve this limitation the researcher would explain to them the importance of the study to the society hence convincing them to participate.
1.6.2 Confidentiality
Confidentiality was a very sensitive matter during the research and therefore it was anticipated to be an impediment. However, the researcher assured the respondents that none of the information would be used for any other purpose other than that which has been declared.
1.6.3 time
Time was also a limiting factor since the victims of VAW were not always available for data collection process and not all who had previously confirmed availability for this process showed up for the process.
CHAPTER TWO
LITERATURE REVIEW
2.1 Introduction
This section reviews the existing theoretical and empirical literature on the factors affecting violence against women in Kenya. The chapter reviews the concept of violence against women by an intimate partner, the scope of violence against women by an intimate partner, primary and secondary interventions affecting violence against women in Kenya and South Africa. It also reviews the empirical literature with emphasis from previous studies. The chapter finalizes by giving the conceptual framework, summary of the literatures and the research gap.
2.2 Concept of Violence against Women by an Intimate Partner
Femicide is a type of Gender Based Violence that involves “physical, mental, or social abuse directed against a person by their spouse or boyfriend. In these cases, a person has no choice to refuse or pursue other options without severe social, physical, or psychological consequences” (IGWG, 2006). It includes a range of mechanisms that can be subtle or obvious, including but not limited to physical violence: slapping, kicking, hitting, or use of weapons, emotional violence: systematic humiliation, controlling behaviour, degrading treatment, threats, sexual violence: coerced sex, forced sexual activities considered degrading or humiliating and economic violence: restricting access to financial or other resources with the purpose of controlling a person (World Bank Gender and Development Group, as cited by the Population Council, 2008). Patterns of this kind of violence vary from place to place, as do cultural and legal understandings of its acceptability. At the community and societal levels, definitions of wrongdoing through violence vary according to shifting patterns of class, race, and gender relations rather than being founded on a universal notion of intrinsic harm (Green, 1999).
The United Nations’ 1993 Declaration on the Elimination of Violence against Women defines violence against women as “any act of gender-based violence that results in or is likely to result in physical, sexual, or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivations of liberty, whether occurring in public or private life.” This declaration explicitly covers a broad range of acts, including marital rape, sexual abuse of female, sexual harassment, trafficking in women, forced prostitution, and violence perpetrated by the State. The UN definition of violence against women is important because it recognizes the responsibility of the State to address the human rights of women, and recognizes that violence against women is gender-based, and that it goes beyond the private problems of individual victims (Levy, 2008).
[1] resulting in, inter alia, rape and female genital mutilation
[2] domestic violence, dowry deaths, sati
[3] rape in times of armed conflict or ethnic strife
[4] battering, sexual abuse of female children, dowry related violence, incest, deprivation of food, marital rape, female genital mutilation
[5] rape, sexual abuse, sexual harassment, trafficking in women, forced prostitution
[6] women in detention and rape during times of armed conflict