GBV shelter providers call for safe houses law
National Shelters Network convener Edith Murogo. She says legal status for shelters in Kenya poses a challenge to their work.
What you need to know:
- GBV shelter services providers want the government to establish a law to regulate their work.
- They currently register as charitable organisations yet they mainly depend on well-wishers to offer legal, medical and psychosocial support to SGBV survivors.
Providers of shelter services for survivors of gender-based violence (GBV) on Thursday called on the government to establish a law to regulate their work.
The 54 shelters under the umbrella body, National Shelters Network (NSN) held its first conference on March 31, in Nairobi, where the providers cited underfunding or zero funds as a major source of distress in their work.
This, they said, adds up to the psychological turmoil of dealing with horrific cases of abuse, inevitably causing them blood pressure.
The regulatory framework, they argued, would provide for proper registration of their services, enabling them to secure State funding, especially from National Government Affirmative Action Fund (NGAAF).
GBV survivors
Currently, the providers register as charitable organisations yet they mainly depend on well-wishers to offer legal, medical and psychosocial support to the SGBV survivors, they said.
“The shelters are integral to protecting the rights of GBV survivors and other forms of violence,” said NSN convener, Edith Murogo,
“(But) legal status for shelters in Kenya poses a challenge. Most of the safe spaces are registered as charitable children institutions yet they cater for children and adults,” she observed.
Rajab Mwachia, legal counsel at Kenya Law Reform Commission said although Kenya lacks a specific legislative framework to regulate shelters, the State is bound by Article 43(1b) of the Constitution which guards every citizen’s right to access housing.
“Article 21 goes further to state that it is a fundamental duty, not just a duty, of the State and every State organ to observe, respect, protect, promote and fulfil the rights and fundamental freedoms in the Bill of Rights,” he said.
State funding
Further, he said, under Article 21(2),the State is required to make legislative, policy and other measures, including the setting of standards, to achieve the progressive realisation of the right of access to shelter.
Nairobi County Woman Representative, Esther Passaris, however, said the shelters cannot receive State funding as long as they are registered as non-governmental organisations and as such considered fully funded.
She said there must be a law for the government to finance the shelters.
“For you to get a budget for anything, you need to have a law,” she said as she encouraged the shelter providers to push for a law to regulate their work.
