Analysis of the Kenyan Constitution, the FSB and the NFSNP

Having analysed the Kenyan Constitution, the FSB and the NFSNP, it is clear to see that the Kenyan government is making a great stride to uphold and respect human right especially women’s rights, this is evidenced by the inclusion of women within and throughout these three documents. Kenya being a member to the United Nations is expected to respect and comply with the UN Charter where Chapter 2 Article 4 (1) dictates that “Membership in the United Nations is open to all other peace-loving states which accept the obligations contained in the present Charter and, in the judgment of the Organization, are able and willing to carry out these obligations.” (UN, United Nations Charter, 1942, p. 4). Failure of which leads to its suspension as well as denial of a members rights and privileges by the

42 General Assembly upon the recommendation of the Security Council. The compliance of Kenya as a member state is reflected in the development and enforcement of the Kenyan Constitution, the FSB and the NFSNP.

Of the eight MDGs, the FSB and NFSNP has aimed to eradicate hunger and poverty through the development of these two food security policies, which prove the Kenyan government’s intent along with other nations to addressing extreme poverty, dimensions-income poverty, hunger, disease, promote gender equality, education and environmental sustainability. These two policies intend to: eradicate hunger and poverty, promote gender equality and empower women, reduce child mortality, improve maternal health and ensure environmental sustainability while ensuring food security within Kenya is achieved through education the people with special care to women, on the proper nutritional diets and the ways to attain and obtain. Also through women empowerment by allocating resources to improving their livelihoods and skills when it comes to ensuring food security while also encouraging their fair and equal treatment is both the household and in the society. By teaching household members especially women on better, environmentally friendly farming techniques and storage methods as well as providing technology that will assist them.

The Kenyan government will see these goals are achieved through the national and county governments with assistance from non-governmental organizations.

The FSB and NFSNP has incorporated the following SDGs within the policies: to end poverty in all its forms everywhere; to end hunger, achieve food security and improved nutrition and promote sustainable agriculture; to ensure good health and promote well-being;

achieve gender equality and empower all women and girls; ensure sustainable consumption and production patterns; take urgent action to combat climate change and its impacts; protect restore and promote sustainable use of land, combat desertification and halt and reverse land degradation and halt biodiversity loss. All these are in one aspect or another included with in the FSB and NFSNP, proving that the government has enforced the SDGs within its food policies.

The Universal Declaration on Human Rights has been merged in the Kenyan Constitution, under Chapter 4. Kenya adopted this non-legally binding document and it is enshrined within the Kenyan Constitution showing that the government highly respects and upholds the rights of every person or individual in Kenya. The ICESCR, like the Universal Declaration on

43 human Rights which echoes the same key points, is included under Chapter 4 of the Kenyan Constitution.

As for The Global Framework for Food Security and Nutrition/The five Rome Principles for Sustainable Global Food Security, the use of the twin-track approach to food security is seen in the Kenyan Constitution, FSB and NFSNP policies through their use of short and long-term strategies. The twin-tower approach is defined as an approach that “requires specific and urgent attention to both short- and longer-term interventions to address food insecurity and malnutrition. In this approach, it is important to emphasize “long-term” does not mean action to be started in the future, or after completion of short-term action. Rather, both kinds of interventions, or “tracks”, need to be undertaken simultaneously and in a coordinated manner in order to successfully fight hunger and progressively realize the right to adequate food.” (CFS, Global Strategic Framework for Food Security and Nutrition (5th Version), 2016, p. 16).

The FSB and NFSNP has taken its initial steps to meeting the food and nutrition requirements of the Kenya and people, first of all the existence of these food policy documents is a sign that they are improving the current situation. Attention should be paid to the special needs of women, pregnant women, lactating women and children in the struggle against poverty, malnutrition and hunger. The FSB and NFSNP have paid attention to these women and children who are classified under vulnerable persons. The Anti-Hunger Programme describes the key requirements on how to address the root causes of hunger as:

“Improve agricultural productivity and enhance livelihoods and food security and nutrition in poor rural communities; promote productive activities and decent employment; develop and conserve natural resources; ensure access to productive resources; expand rural infrastructure, including capacity for food safety, plant and animal health; and broaden market access; strengthen capacity for knowledge generation and dissemination (research, extension, education and communication).” (CFS, Global Strategic Framework for Food Security and Nutrition (5th Version), 2016, p. 16). The expanse of rural infrastructure, however, is not included in the Kenyan food policies. This is one are the Kenyan government needs to allocate more resources and set up measures ensuring the needs of the rural people are taken into consideration, women especially.

The VGRTF provides guidance to the nation of Kenya in its implementation of the progressive realization of the right to adequate food in the context of national food security.

44 The framework’s influence is seen on Kenyan food policies in that human rights such as participation, accountability, non-discrimination, transparency, human dignity and the rule of law. The nation’s governance is based on these principles.

The VGGT also provides guidance in the improvement of the governance of tenure of land, fisheries and forests with the goal of achieving food security. Both the VGRTF and VGGT are frameworks that nations are encouraged to use within their legislation with regards to ensuring that the right to adequate food is achieved through ensuring food security.

CEDAW is well represented within the Kenyan Constitution, FSB and NFSNP. The right to non-discrimination based on sex, men and women are to be treated equally especially in terms of equal political, economic, cultural and social aspects. In the three Kenyan legislations, this right has been emphasised, encouraging all persons within public offices and in society to abide by this. Women in the FSB are referred to as ‘vulnerable persons’

which states that they will guarantee incorporate their food and nutritional needs to the national legislations and policies. Gender equality is the remedy to previous acts of discrimination, the Kenyan Constitution as well recants any previous acts of discrimination done towards any persons previously in Chapter 4 Article 27 (6) which states it will “give full effect to the realisation of the rights guaranteed under this Article, the State shall take legislative and other measures, including affirmative action programmes and policies designed to redress any disadvantage suffered by individuals or groups because of past discrimination.” (Kenyan Constitution, 2010, p. 23).

Convincingly, the Kenyan Constitution, FSB and the NFSNP have proven to be in compliance with international food policies and frameworks, they have met the required standards that have been stipulated and ultimately respected and abided by the United Nations Charter. The three legislations encourage respect of the human rights, encourage sustainable methods to ensuring food security, ensure a continuous update of policies in respect to food security, and aim to totally eradicate hunger, malnutrition and poverty within Kenya’s borders.

However, what seems to be lacking from the FSB and NFSNP is the inclusion of rural women’s needs. The FSB has included rural people under the category of ‘vulnerable persons’ who are defined as,

“…infants, children, school going children, pregnant and nursing mothers, the elderly, internally displaced persons, people with disabilities, sick persons with chronic diseases such

45 as HIV/AIDS, victims of conflict, rural people in precarious livelihood situations;

'marginalised populations’ in urban areas, groups at risk of social, marginalisation and discrimination and any other group that may be identified from time to time.” (Kenya T. P., 2014, p. 365).

It is clear to see that in previous legislation this was not included, the inclusion recognizes that there are special challenges faced by rural people. Although it has not narrowed down to rural women, this generalization of rural people and recognition that they are more vulnerable as compared to urban people is a great achievement. In the future, it is recommended that the Kenyan legislators find a way to deeper recognize the needs of rural women in doing so there will be a strengthening of their abilities. Their role in the economy should be recognized and respected. Elimination of any discrimination towards rural women should be advocated for. In Article 14 of the Convention of the Elimination of All Forms of Discrimination against Women stipulates the required measures to be taken:

“States Parties shall take into account the particular problems faced by rural women and the significant roles which rural women play in the economic survival of their families, including their work in the non-monetized sectors of the economy, and shall take all appropriate measures to ensure the application of the provisions of the present Convention to women in rural areas.

States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and shall ensure to such women the right:

To participate in the elaboration and implementation of development planning at all levels;

To have access to adequate health care facilities, including information, counselling and services in family planning;

To benefit directly from social security programmes;

To obtain all types of training and education, formal and non-formal, including that relating to functional literacy, as well as, inter alia, the benefit of all community and extension services, in order to increase their technical proficiency;

To organize self-help groups and co-operatives in order to obtain equal access to economic opportunities through employment or self-employment;

46 To participate in all community activities;

To have access to agricultural credit and loans, marketing facilities, appropriate technology and equal treatment in land and agrarian reform as well as in land resettlement schemes;

To enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications.” (UN G. A., 1979, pp. 5-6).

The minimum wage should also be considered in that there should be equal minimum pay to all genders. The United Nations General Assembly has recognized the fundamental role that rural women play in the food security, in agriculture and in the economy. They have approved a resolution A/RES/62/136 encouraging Member States to improve the situation of rural women by ensuring their political and socioeconomic empowerment and mainstreaming the gender perspective in the rural domain into the planning, application, monitoring and assessment of development policies, as well as ensuring that rural women have access to social services. (Garcia M. D., 2013, p. 86) When rural women’s needs are recognized and catered for, there shall be a great improvement in the agricultural sector and in the whole economy of the country.