Child abuse: Ignorance is slowing down the war

Cases of child abuse are on the rise, with one of the latest reported ones being that of a six-year-old boy who was rescued from his abusive stepmother at Zimmerman in Nairobi.

Recounting his ordeal, the boy told how his stepmother would tie him up with ropes and stuff socks into his mouth to muffle his cries as she beat him. He said she sometimes also denied him food. Most of the boy’s body was covered with scars, which he said were inflicted by his stepmother.

Neighbours who took the boy to Bishop Luigi Loccati Community, a rescue centre for orphaned and abused children, confirmed that the boy’s stepmother would strap his hands to a cupboard to immobilise him as she whacked him.

A medical report seen by the Nation said the boy had a dislocated hip and had sustained second-degree injuries from ropes tied to his wrists. His case has since been taken up by the Children’s Department.

Although it is notable that his is one of the few where members of the public have intervened to help a child in distress, Peter Mang’ula, an assistant director at Bishop Lugi Loccati Community, said that even getting the police to arrest the boy’s stepmother had been a real battle.

There are many more children across the country who suffer similar or even worse abuse, yet many of them are never rescued,” Mang’ula revealed. He said there is something terribly wrong with the response structures for helping abused children, such that members of the public do not even know what to do when such abuse takes place.

“It is by sheer luck that this boy was rescued by neighbours because in most cases, that does not happen. And even in his case, you can see how he has suffered. Three months of torture is a long time,” he said.

Data from across the country shows that child abuse cases reported in Nairobi are handled faster than those in other parts of the country due to better access to resources and response mechanisms.

Indeed, statistics from Childline Kenya, the only national helpline for children in distress, indicate that only 20 per cent of child abuse cases in the country are reported. And this despite the fact thatKenya’s is a member of the United Nations Committee on the Rights of the Child.

“The government and non-governmental agencies are aware of this problem but are currently unable to deliver adequate services to protect these children,” Irene Nyamu, the organisation’s director, revealed.

Most of the unreported cases occur in the rural areas due to a lower level of awareness and education on issues surrounding children’s rights and abuse, she pointed out. To improve the situation, the helpline has rolled out a public education and school outreach initiative across the country.

“This is to raise awareness among students and teachers in primary schools, community leaders and parents about child safety and abuse, as well as the helpline’s services,” Nyamu explained.

Lack of information

The programme, which has so far reached more than 30,000 people, has seen a marked increase in the number of child abuse cases reported. But according to Nyamu, this is not enough. What is needed is a rapid and coordinated response system, particularly for emergencies.

It seems as if the greatest obstacle to the battle against child abuse is lack of information on children’s rights and protection among the public. In fact, the director of the Department of Children’s Services, Ahmed Hussein, said that parents need to be educated on issues regarding the rights and abuse of children to make them realise that it is their responsibility to protect children.

“The law is only there to prosecute, but there should be a proper mechanism for prevention and control in place. A peaceful, child-friendly environment at home and in school is necessary for the growth and development of children. Without healthy children, Kenya will have no future leaders or society,” he explains.

The director expressed concern that many parents end up being cheated into accepting “compensation” in order to collude with those who had abused their children.

“It is sad, unacceptable and illegal. Action should be taken against such parents since they are the first abusers of the child in such cases. The law is very clear,” he asserted. He pointed out that by doing this, such parents hamper the government’s efforts to arrest and charge child abusers.

In Nairobi, where about 5,600 cases of child abuse have been reported in the past one-and-a-half years, a rapid response system has ensured that the victims get the appropriate help.

“Response to children’s rights abuse cases in Nairobi is very fast, but in other parts of the country it is much slower and needs to be improved,” said Tom Chavangi, the executive director of the Children’s Legal Action Network (CLAN).

Chavangi, who was speaking during the launch of a new book, The Law on Children - A Case Digest, which aims to educate the public on issues surrounding children’s rights and abuse, explained that the book gives parents, teachers and caregivers information on the immediate action to take when a child has been abused, or in the event that they suspect that a child is being abused.

He said the book was published o help deal with the high number of child abuse cases reported across the country on a daily basis. Childline Kenya, (which offers a toll-free service if you dial 116) for instance, currently receives more than 600 calls a day, compared with the previous 30. The book is, therefore, a response to the voices of children across Kenya.

“It is time children’s issues were addressed at the lowest societal unit, the family,” said Nyamu.

The book comes at a time when the number of reported child abuse cases across the country is on the rise. Nyamu said the 200 per cent increase in child abuse cases shows that there is a communication gap that needs to be bridged between “those who work directly with children and society. It is this need that this book seeks to address”.

The book details reports on court cases involving children in magistrates’courts across the country and the rulings made, in order to educate the public.

Public education on children’s rights and issues surrounding child abuse need to be done in such a way that they engage parents and the wider society on a multi-disciplinary approach in responding to these cases, said Chavangi, adding that the public needs to know how the courts work for “the best interests of the child” in order to “hopefully, demystify many notions about addressing children’s issues in court”.

Despite the high number of cases being handled by organisations involved in protecting children, Chavangi said that Kenya has made remarkable progress, “more specifically in juvenile law, given the gravity of its subject matter.” This, he said, had been possible thanks to the fact that the children’s protection network comprising the government and children’s rights agencies has made a positive contribution to the body of knowledge on children’s rights.

“It has exposed our irresponsibility as duty bearers because child abuse cases are becoming increasingly common in our society,” he noted.

The Children’s Act 2001 is being reviewed to harmonise its provisions with those in the draft proposals of the Family Protection Bill, Marriage Bill, Sexual Offences Act 2006 and the Anti-trafficking in Persons Bill.

According to Nyamu, “This will provide a high-level ground for addressing children’s issues in Kenya because what affects the family affects children.” And with this move, “The best interests of the child will be put ahead of every court decision regarding marriage or family issues,” she added.

At the moment, there are many unresolved cases involving children in courts because “Many children involved in juvenile delinquency cases do not understand court procedures or what is required of them,” says lawyer Andrew Ondete, a programme officer at CLAN. Even though legal representation for children when appearing in court is stipulated in the Children’s Act, children still appear in court without lawyers.

“I regularly come across cases of children who end up in remand or jail simply because there was no one to interpret the legal requirements for them. And children who commit crimes do not necessarily have to go through the juvenile justice system. Some cases can be resolved at a lower level, say by a chief, especially for first-time offenders,” explained Ondete.

Although the book is considered a major achievement, a lot more needs to be done to create awareness of children’s rights. But it will not be easy. According to Ondete, it is seen as demeaning to be in the Children’s Protection Unit, which falls under the Ministry of Gender, Children and Social Development.

“And if not given the due motivation to do what is required, one can easily give up. One needs to have the heart to work for the best interests of the child, and it calls for passion,” he says.

But child abuse is not just a major problem for Kenya. An international meeting of lawyers from six East African countries last week suggested the a children’s court with powers to punish adults who abuse minors be established.