Research Question 1:

What is Kenya’s role in addressing food security through rural women?

The Kenyan Constitution of 2010

The new Kenyan Constitution of Kenya brought with it some mew reforms, among which are the stronger sense to uphold the Universal Human Rights. The whole chapter 4 is dedicated to the Bill of Rights, this is an integral part of the Kenyan democratic state and is the framework that guides social, economic and cultural policies. (Kenyan Constitution, 2010) in Chapter 4 Article 27 of the Kenyan Constitution states that:

(3) Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres. (4) The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth. (5) A person shall not discriminate directly or indirectly against another person on any of the grounds specified or contemplated in clause (4) (Kenyan Constitution, 2010, p. 23).

This section of the Kenyan Constitution originated from the Universal Declaration of Human Rights, which through this proves that the Kenyan government upholds and respects the Universal Declaration of Human Rights, along with all the other international policies. As will be seen with the NFSNP and the FSB, they will emulate this as they are policies that have trickled down from the Kenyan Constitution, this is articulated in the Chapter 4 Article 19(1), that states:

“1. The Bill of Rights is an integral part of Kenya's democratic state and is the framework for, economic and cultural policies.

2. The purpose of recognising and protecting human rights and fundamental freedoms is to preserve the dignity of individuals and communities and to promote social justice and the realisation of the potential of all human beings.

3. The rights and fundamental freedoms in the Bill of Rights:

a. belongs to each individual and are not granted by the State;

33 b. does not exclude other rights and fundamental freedoms not in the Bill of Rights, but recognised or conferred by law, except to the extent that they are inconsistent with this Chapter; and

c. is subject only to the limitations contemplated in this Constitution.” (Kenyan Constitution, 2010, p. 19).

In the next few sections, the NFSNP and the FSB emulate the Kenyan Constitution to the letter as it is required to with all Kenyan policies. The Bill of Rights within the Kenyan Constitution also binds all laws, state organs and all persons its application. Chapter 20 Article 2 states that “Every person shall enjoy the rights and fundamental freedoms in the Bill of Rights to the greatest extent consistent with the nature of the right or fundamental freedom.” The NFSNP and the FSB aim to fully empower all persons to the greatest extent to their right to food. Kenya’s food policies should be improved so that all persons within Kenya can enjoy the right to food and adequate and sufficient food security to the greatest extent.

With regards to the implementation of the Bill of Rights, Chapter 4 Article 21, 3 and 4 states:

“(3) All State organs and all public officers have the duty to address the needs of vulnerable groups within society, including women, older members of society, persons with disabilities, children, youth, members of minority or marginalised communities, and members of particular ethnic, religious or cultural communities.

(4) The State shall enact and implement legislation to fulfil its international obligations in respect of human rights and fundamental freedoms.” (Kenyan Constitution, 2010, p. 20).

Kenya is required to respect international treaties, among which are the MDGs, SDGs, Universal Declaration on Human Rights, ICESCR, The Global Framework for Food Security and Nutrition, VGRTF, VGGT, CEDAW, DEVAW and many others that are mentioned in this thesis.

With this glimpse through the Kenyan Constitution, the rights of Kenyans can be seen, and a better understanding of the documents content can be attained.

34 National Food Security and Nutrition Policy

The Kenyan Constitution has played a very vital role in its influence on the NFSNP, it stands as a framework and its sentiments are echoed throughout the NFSNP. As the NFSNP aims to achieve food and nutrition security in Kenya, the measures it encourages must be structured in a way that will sufficiently address gender related issues as well.

In the begin of the document, in the Executive Summary, it states that:

“The new Food and Nutrition Security Policy (FNSP) provides an overarching framework covering the multiple dimensions of food security and nutrition improvement. It has been purposefully developed to add value and create synergy to existing sectoral and other initiatives of government and partners. It recognizes the need for multi-public and private sector involvement, and that hunger eradication and nutrition improvement is a shared responsibility of all Kenyans. The policy and associated actions will remain dynamic to address contextual changes and changing conditions over time. This policy is framed in the context of basic human rights, child rights and women’s rights, including the universal

‘Right to Food’.” (Kenya R. o., 2011, p. 7).

This clause shows how the intention of the Kenyan government through this NFSNP to uphold their promise to various international instruments it has signed. Kenya’s commitment to incorporate women and gender rights within their national policies is evident. Unlike previous national policies that did not specifically put emphasis on women’s right, this is a step in the right direction from an international perspective. Under their obligation to the United Nations as a member state, these standards are among many that are to be upheld.

This can be seen in the third MDG, which is to “promote gender equality and empower women.” (UN, 2000); as well as in the fifth SDG representing gender equality. In adding this clause to the executive summary, the Kenyan NFSNP has proved that the policy is in line with United Nation, ICESCR article 2; and with CEDAW. The NFSNP affirms this intent in article 1.5.7:

“The FNSP is framed in the context of the Kenyan Constitution, basic human rights, child rights and women’s rights, including the universal ‘Right to Food’. The Government of Kenya supports the progressive realization of the right to adequate food in the context of national food security. This includes not only sufficient intake of calories, but also the right to nutritious diets that guarantee health, growth and development at all stages of life and for all citizens. This includes in particular the specific needs of all Kenyans and in particular

35 vulnerable and disadvantaged groups, and the special requirements of women and children, which are fundamental values of the government.” (Kenya R. o., 2011, pp. 18-19).

Article 1.1.3 and article 1.1.7 of the NFSNP state respectively that:

“Lack of access to adequate and diversified diet results in various forms of nutrition problems. Nutritional status of children less than five years of age showed no significant change between 1998 and 2008…Inadequate and inconsistent access for households and individuals, suboptimal care and feeding practices, particularly for children and women and repeated infections are the other main contributors to malnutrition.” (Kenya R. o., 2011, p.

11).

“Micronutrient deficiencies are highly prevalent in Kenya, particularly at crucial stages of the life cycle when needs for specific minerals and vitamins are high. Vitamin and mineral deficiencies exist even among population groups with sufficient food in terms of meeting energy requirements. Children under five years are particularly affected by deficiencies in vitamin A (84% of children), iron (73.4%), and zinc (51%). Women, especially pregnant women, are among the most vulnerable with a high risk of iron deficiency (60% among pregnant woman) and vitamin A deficiency (39%).” (Kenya R. o., 2011, p. 12).

As it is known, hunger, drought and malnutrition specifically affects women, either urban or rural, they represent the disproportionately larger share of the undernourished. (Gittinger, 1987) The NFSNP acknowledges that women along with children are the more vulnerable to food insecurity, that the lack of adequate and nutritious diet that they require they are unable to access. On the 10^th of February 2017, the Kenyan government projects that about 1.3 million Kenyans are affected by the drought and estimated that by April 2017, the number will have risen to 2.4 million Kenyans (Relief, 2017). Hunger and malnutrition play a negative role in achieving food security. The Global Strategic Framework for Food Security and Nutrition advocates that nations should “include improvement of the nutritional status of women, adolescent girls, infants and children, including hidden hunger or micronutrient deficiencies and obesity as a new manifestation of malnutrition, as an explicit goal and expected outcome of agriculture, food security and nutrition-related programmes, emergency responses, strategies and policies, from design to implementation.” (CFS, 2016).

Article 1.1.6 and 4.3.3 respectively state:

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“Human and environmental resources, economic systems and political and ideological factors as basic causes that contribute to malnutrition. In some cases, that environment may have gross inequalities, disparities in access to resources and/or discriminatory elements which effectively deny some people, based on residence status, gender, age ethnicity, religion or other grounds. Girls and boys have different vulnerabilities in different contexts and their parents and families may be disadvantaged or disempowered in a range of different ways.” (Kenya R. o., 2011, p. 12).

“The FNSP recognizes that for some specific groups there is need for vitamin and mineral supplements and a strategy is required to expand the public health sector’s role in larger well targeted supplementation programmes for groups such as pregnant women, young children and older persons. There is also a need for quality control as a growing demand and influx of vitamin and mineral supplements increases the potential for poor quality products to reach the market. Quality control will also assure supplements do not reach the consumer through channels and persons unqualified to guide the consumer in their appropriate and safe use.”

(Kenya R. o., 2011, p. 40).

Women tend to be more disadvantaged, this can be caused by various factors that lead to malnutrition in women and girls. These challenges have a heavier effect on women and girls due to their special needs that should be catered for as compared to men and boys. Gender-based discrepancies in access to assets such as land and property are the impacts of the protracted crisis of individuals (FAO, 2015). The GSFFSN advocates for the governments to “design agricultural investment plans, policies and programmes that provide women and men with equal access to programme services and operations, being cognizant of women’s and men’s commitments to household economies and to child-rearing and recognizing their different needs” (CFS, 2016). Article 5(a) of the SDGs encourages the governments to take on reforms that allow women to have equal right to economic resources, property, financial services, inheritance and natural resources too.

As for pregnant women, lactating mothers and infants, the NFSNP states the consequences of the effect of hunger and malnutrition on the pregnant mother and infant. Article 4.2.2 clearly paints the picture of what occurs in such an instance, it states:

Growing evidence shows that maternal nutrition has important direct and/or indirect consequences o for later age phases. A typical “poor nutrition” scenario applicable to many women in parts of sub-Saharan Africa, including Kenya, is that she enters pregnancy

37 undernourished, suffers from or develops iron deficiency anaemia and is adversely affected by other micronutrient deficiencies. Her poor micronutrient status may adversely affect foetal development in different ways ranging from brain development (iodine deficiency) and neural tube defects (folate deficiency). Her overall poor nutritional status is likely to predispose the developing foetus to nutritional consequences in infancy, childhood and all the way into his or her adult life. Poorly nourished women often give birth to a low birth weight infant who starts life at a disadvantage that is likely to affect his or her nutritional status and development through childhood and adolescence. Malnutrition is rooted in foetal growth; therefore, critical window when the malnutrition problems is in the first 100 days.

The priority nutritional problems affecting maternal health are inadequate energy intake and micronutrient deficiencies. Close birth spacing, low mother’s education, poor health seeking behaviour, inadequate water, hygiene and sanitation and poverty are the main social determinants of malnutrition (Kenya R. o., 2011, p. 36). This scenario allows for there to be a better understanding of what majority of African women pass through, especially rural women.

Having observed the dire consequences that continue to affect Kenyan pregnant women, the NFSNP has recommended the following measures to the government. Firstly, they should improve maternal and new born nutrition by ensure the easy access of pregnant women and lactating women and their families to sufficient and nutritious diets as well as the knowhow on acquiring it (Kenya R. o., 2011, p. 26). The VGRTF emphasizes the need for governments to recognize various cultural values and dietary habits as well as establish means to promoting food safety, positive nutrient intake which ensure equitable distribution of food with in the communities and household with particular attention to pregnant women, lactating mothers and children (FAO, The Right to Food, 2017, p. 38). The promotion of the importance of adequate nutrition for young women especially before pregnancy is necessary, healthy nutrition should begin before pregnancy so as to ensure the optimum health of both the mother and foetus during and post pregnancy. Micronutrient supplementation programmes should be created to educate adolescent girls in schools to edify them on the needs of a benefits of a healthy and adequate diet (Kenya R. o., 2011, p. 37).

Article 2.7.2, shift towards the encouragement of women to seek off-farm employment for the benefit of increased income within the household. It states:

38

“Off-farm employment is important and contributes as much as 60% of rural households’

income. Its contribution to rural income is however limited by low accessibility to energy, and water; lack of capital and poor technology and skills. Participation of women and other vulnerable groups in off-farm activities is limited by access and control of resources.”

(Kenya R. o., 2011, p. 27).

With the additional income brought by women to the household, there would be a 20-30%

increase in yield, as per Garcia (2013). UNESCO has called for action to help sustain rural women economically with empowerment. Major international development frameworks echo this same call to encourage gender equality and the empowerment of women. Some example includes SDG 8.5 which states the promotion of sustained, inclusive and sustainable economic growth, full and productive and decent employment for all, by 2030 governments should target to achieve full and productive employment and decent work for all women and men, including young people, disabled personalities, and equal pay for equal value of work.

(UN, Sustainable Development Goals); CEDAW advocates for the right to same employment opportunities and same criteria selection when it comes to employment, the right to free choice in profession and employment as women are discriminated upon in this area and equal remuneration and benefits to women. (UN G. A., 1979)

The lack of employment or means of providing an income for women tends to lead to domestic violence. “A woman who lacks economic independence is often more vulnerable to violence at home, if she can’t obtain a living in her own right, it is all the more difficult for her to leave which she is beaten and abused.” (UNIFEM,2000, p. 19). DEVAW (1993) recognizes that violence against women occurs due to the unequal power relations between men and women, this then causes the inability for women to fully advance. The NFSNP further recommends the promotion of workload reduction technologies and the increment of income-generating activities for women (Kenya R. o., 2011, p. 37).

The Kenyan Constitution is the core of the following two documents, through it they were formulated.

39 The Kenyan Food and Security Bill of 2014

The FSB was framed in line with the 2010 Kenyan Constitution, it purposes to alleviate Kenyans from hunger and ensure that the right to adequate food of acceptable quality is upheld. In regards to women and gender right in relation to food security, the FSB categorises women, pregnant women and nursing mothers under vulnerable persons. The definition of ‘vulnerable persons’ is given as,

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

The inclusion of rural people in this definition is a positive sign that the rural people are being taken into consideration as compared to previous food security bills. Unlike the NFSNP, it has sited rural people within the document, the NFSNP kept people classified by gender alone rather than whether they live in urban or rural areas. In line with the MDGs, measures must be taken in and from holistic view point including the implementation of sustainable rural development policies (Garcia M. D., 2013, p. 84). The Convention on the Elimination of all Forms of Discrimination Against Women is the only international treaty that is known to have dedicated an article, Article 14 of the CEDAW, to the situation of rural women. It stipulates that States should consider the specific problems faced by rural women in food security including the work they; and that appropriate measures to ensure the rural women’s’ rights are present to all women in rural areas (UN G. A., 1979, p. 5). The FSB has indeed taken the initiative by the inclusion of rural people, however not specifically rural women into account.

Article 9 of the FSB states that every woman has the right to adequate food during pregnancy and lactation, this will be done through the Kenyan Health Authorities putting measures in place ensuring special needs for pregnant and nursing women are met for and that information about nutritional needs are promoted to these pregnant and lactating women (Kenya T. P., 2014, p. 371). SDG number 3 is set to ensure healthy lives and promote well-being for all at all ages, it further goes to stipulate the 2030 target to reduce the global maternal mortality ratio to less than 70 per 100,000 live births. (UN, Sustainable Development Goals)

40 Article 10 of the FSB emphasizes the need for the national and county governments not to discriminate directly or indirectly against any person based on any grounds, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth. It continues to state the governments, both national and county, should take actions to correct any previous acts of discrimination against a person or group of persons, while promoting equal opportunities with regards to the right of food (Kenya T. P., 2014, p. 372). In Article 10, the right to non-discrimination based on sex or pregnancy is similarly as in Article 13 of the CEDAW, encourages the creation of appropriate measures to eliminate discrimination against women.

The right to non-discrimination is advocated in the Article 1 of the ICESCR and Article 2 of the Universal Declaration on Human Rights. They all echo the same sentiment.