UN flags rising cases of child abuse in Kenya, urges government action

An image of a Four-year old defiled girl in Busia County. April 12, 2024. [File, Standard] Kenya is facing renewed pressure from the international community to urgently address the rising cases of child abuse, exploitation, and gender-based violence, which continue to rob thousands of children of their dignity, safety, and future. During the just-concluded Universal Periodic Review (UPR) in Geneva, several United Nations member states raised the alarm over the worsening situation of children in Kenya, citing escalating reports of trafficking, sexual exploitation, child labour, and harmful traditional practices such as Female Genital Mutilation and child marriage. The most pressing call came from countries including Italy, Cyprus, and Panama, which recommended that Kenya ratify the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution, and Child Pornography. This binding international instrument would commit the government to implement stronger laws, investigations, and support systems to protect children from online and offline sexual exploitation. Disturbing data and real-life cases continue to point to a growing trend. A joint submission by the Child Rights Cluster of the Kenya Stakeholders Coalition on the Universal Periodic Review in Kenya indicated that there is a high prevalence of child sexual abuse and exploitation, child labour, and child trafficking. The 12 child rights organisations indicated that there are Policy and Legislative Gaps in addressing the prevalence of Female Genital Mutilation in Kenya and a limited policy framework and evidence towards addressing child marriage in Kenya. "We acknowledge the efforts made by the Government of Kenya in improving child protection, but significant gaps remain, and urgent action is needed to ensure that all children, especially the most vulnerable, fully enjoy their rights," read the statement. The joint submission stated that Kenya is home to over 4 million Child Brides and that 1 in 4 young women were married or in union in childhood. Another 1.1 million were married or in union before the age of 15, while 4.2 million were married or in union before the age of 18 years. "This situation is compounded by a lack of updated data on child marriage as well as a specific policy framework targeting child marriage," reads the report. Regarding data, they stated that there is no updated national and county-specific statistics on child marriage when compared to other harmful cultural practices such as FGM. Just this year, the child rights advocates reported a spike in online grooming and pornography involving minors, particularly in informal settlements where poverty and lack of parental supervision have left children vulnerable to digital predators. An Advocacy Brief by Equality Now and Trace Kenya shows that Child Sexual Exploitation and Abuse (CSEA) in Kenya is increasingly being perpetrated online. The report stated that Kenya's role as a technology hub in East Africa has led to disproportionate growth in the prevalence of online CSEA, including transnational organized crimes such as sex trafficking and the production and distribution of child sexual abuse material. It further indicates that in 2020, between 5 and 13 per cent of internet-using children in Kenya (aged 12-17) reported experiencing CSEA online, while 7 per cent of internet-using children were offered money or gifts in return for sexual images or videos of themselves, which were subsequently shared with others. Additionally, child trafficking remains a lucrative underground business, with some children reportedly sold into domestic servitude or sexual exploitation within and outside Kenya's borders. Reports from both government and non-state actors indicate that children are trafficked from rural to urban areas for domestic work, agricultural labour, street vending, smuggling at border areas, human sacrifices, servitude and prostitution. Nairobi, Mombasa, Eldoret, Kisumu and Malindi are listed as the common destinations for the trafficked children. "Those trafficked out of Kenya are deceived with promises of good jobs, marriage, or education opportunities with a small percentage reporting forced recruitment," reads a statement by Ahmed Hussein, Director of Children Services. Victims of international trafficking end up in South Africa, European countries such as Italy, Germany, and the Netherlands, as well as the USA, the Middle East, and Gulf countries. Another worrying trend according to the International Organisation on Migration and United Nations International Children's Emergency Fund (UNICEF), is the trafficking of children with disabilities for purposes of forced begging in the East and Horn of Africa. The Universal Periodic Review (UPR) is a peer-review mechanism of the United Nations Human Rights Council where all member states undergo assessment of their human rights record every four to five years. The UN Review also heard grave concerns from Lebanon and Iran, which urged the Kenyan government to strengthen child protection systems, ensure thorough investigation of abuse cases, and provide access to justice and care for victims. Paraguay, Thailand, and Liechtenstein all demanded that Kenya enforce laws on gender-based violence more firmly, while Vanuatu and Ukraine called for increased funding for safe shelters for survivors. Another urgent concern is child labour, which Lesotho and Peru say is worsening in Kenya's informal sector. Children, some as young as eight, are reportedly working in farms, construction sites, and in households, often exposed to long hours, abuse, and hazardous conditions. Calls to action also came from Germany, which urged the government to guarantee legal representation for children in conflict with the law, and from Congo, which emphasized the need to ensure education for displaced and vulnerable children, many of whom face exploitation due to instability and poverty. Despite the existence of legal frameworks like the Children Act 2022 and the Protection Against Domestic Violence Act (2015), enforcement remains weak, and survivors often face stigma, limited access to legal aid, and a lack of child-friendly services. Countries like Canada and the Philippines asked Kenya to provide more funding to key institutions such as the Anti-FGM Board and National Gender and Equality Commission, which are critical in prevention, monitoring, and public education. New Zealand went further to urge Kenya to criminalize all harmful practices against children, including virginity testing and genital mutilation of both boys and girls, and ensure swift penalties for perpetrators. As the government prepares its formal response to the UPR recommendations, child rights defenders emphasize that these proposals must not be shelved, but rather serve as a roadmap for urgent and nationwide action. On the issue of policy gaps, the 12 child-focused organisations raised concerns that the government has yet to fulfill its commitment to finalise and implement a national action plan to end child marriage, a pledge made during the third cycle of the UPR in 2020, following recommendations by Canada and Norway. "This gap has allowed child marriage to flourish unchecked," the organisations state in a joint submission. "The consequences are devastating, girls forced into marriage are more likely to become pregnant as teenagers, drop out of school, suffer increased violence, and face higher risks of HIV infection, maternal complications, and child mortality."

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