POST'S RESPONSE TO PROPOSED WJEI PROGRAM FOR KENYA

UNCLAS NAIROBI 001819

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: EAID SOCI KE
SUBJECT: POST'S RESPONSE TO PROPOSED WJEI PROGRAM FOR KENYA
OUTLINE

REF: A. STATE 50186


B. 05 STATE 168040


1. (U) SUMMARY: Post welcomes the Interagency Assessment
Team,s recommendations for a Women's Justice and Empowerment
Initiative (WJEI) in Kenya and its request for Post input on
the advisability, feasibility, and costs of the proposed
activities, as well as a second area for geographic focus.
Post endorses a WJEI program in Kenya with an estimated
budget of USD 5 million in year one and concurs with the
Team,s recommendations to focus the program in two
geographic areas (Post suggests Nairobi/Kibera and Mombasa)
and to implement activities in three core components:
Awareness, Legal/Judiciary, and Support Services to Victims
of Violence Against Women. Post believes that the existing
RLA position in Nairobi is able to integrate WJEI programming
into the current scope of work; Post does not endorse the
creation of a second WJEI-specific RLA position in Nairobi.
END SUMMARY.

WJEI Program in General and Result to be Achieved
-------------- --------------


2. (U) This cable responds specifically to the
recommendations contained in Ref A. Post endorses the WJEI
in Kenya with an estimated budget of USD 5 million in year
one and concurs with the Team,s findings and recommendations
for conducting activities in three areas: Awareness,
Legal/Judiciary and Support Services to Victims of Violence
Against Women. Below is a detailed response tracking the
Team,s specific program recommendations as well as
suggestions for efficient and effective contracting
mechanisms, proposed level of funding for each major
component, and suggestions for WJEI coordination and its
impact on USG human resources. There is further consensus on
the advisability of a geographic focus and Post recommends
Mombasa in addition to Nairobi/Kibera. This proposal is based
on need as well as our belief that the program could be
initiated on a timely basis building on the positive
relationships that have been established under the
President,s Emergency Plan For Aids Relief (PEPFAR).


3. (U) The proposed program results may be overly ambitious.
However, Post feels confident that the program can achieve
key results in the targeted geographic areas in a three year
timeframe including: an increased awareness of sexual
offenses and the rights of women to be free from such
offenses; increased interaction and coordination among
police, prosecutors, and health workers responding to
incidents of sexual offenses; and improved and more
accessible counseling and support services for victims of
sexual offenses. Given Kenya,s lack of statistical data, a
monitoring and evaluation (M&E) system as well as baseline
data will need to be established to assess the program
impact. Establishment of an M&E system is built into all
program components and estimated budgets.

Awareness
--------------


4. (U) Post endorses the team,s recommendation to support
awareness activities aimed at addressing attitudes toward
women as well as the content of the sexual offenses bill by
providing grants to such organizations as men,s groups,
faith based organizations, and traditional leaders, among
others. Post further notes that USAID is in the process of
contracting an umbrella grants management program. This
mechanism can be utilized to award subgrants to Kenyan NGOs
to implement awareness activities outlined in Ref A under
3.A, B, E, F, and G.


5. (U) With respect to recommendation 3.C, note that the
Centers for Disease Control (CDC),the Department of Defense
(DOD),and USAID all currently support programs with elements
of the uniformed services including the Military, Kenya
Wildlife Service, Prisons, Police, and National Youth
Service. Post welcomes the idea of adding a gender violence
prevention element to these programs and the PEPFAR Country
Team will look into amending its current program to promote
this synergy. This can be accomplished with current PEPFAR
funding. WJEI funding, at least during the initial year, is
not necessary to accomplish this purpose.


6. (U) Post also endorses the concept of an awareness raising

campaign in the two target geographic areas as outlined in
3.D. Post recommends further verification as to whether the
"adopt a light8 proposal is viable, and would suggest
similar types of activities, potentially via &adopt a
light8, radio, and other relevant sources. (Note: Radio or
other campaigns would cost approximately USD 700,000, which
could be built into small grants. End Note.) Post estimates
an overall budget of approximately USD 1,800,000 for the
Awareness component in the first year of funding.

Legal/Judiciary
--------------


7. (U) Post endorses the proposal to coordinate activities
under the GOK led Governance, Justice, Law and Order Sector
(GJLOS) Reform Program, where feasible. In addition to the
Legal/Judiciary component, the Awareness component will also
need to be closely coordinated with the GJLOS Reform Program.
The Team,s candor regarding the challenges of working with
the police is appreciated. Similarly, Post concurs with the
Team's concerns regarding funding for the DNA lab. Post
suggests deferring any decision on assistance for general
police training and the DNA lab, outlined in sections 5 and
7.E, to year two of the program.


8. (U) Notwithstanding the articulated challenges, limited
targeted assistance to the police, based on ongoing programs
evidencing signs of success, is warranted. Specifically, Post
endorses expanding Safer World,s current community policing
program to include activities related to gender desks and
community policing as outlined in 7.A and B of Ref A. Post,s
preference for funding such activities would be via
USAID/Kenya,s Office for Democracy and Governance unless
Washington/INL prefers to obligate the money directly to
Safer World.


9. (U) While concurring with the Team,s risk assessment
related to prosecutorial support, Post endorses specific
training for police prosecutors on sexual offenses,
identified in section 7.C, as long as it can be built into
current ongoing support to develop the institutional capacity
of the Department of Public Prosecutions (DPP). Funding for
the training could be added to the ongoing Department of
Justice (DOJ) program. It may be worth reiterating that
current USG support foresees the development of a
comprehensive prosecutors, training curriculum. This
envisions training for targeted police prosecutors, who are
scheduled to be moved from the supervision of the Chief of
Police to the Attorney General,s Office. Although this move
has not yet been operationalized, the authority providing for
this move does allow current USG programs to provide overall
prosecutorial training to the police prosecutors. Thus, the
addition of a specialized unit on sexual offenses should be
feasible.


10. (U) Post also concurs with recommendation 7.D which
proposes to team police constables, nurses at health
dispensaries, and social workers. This would be implemented
in partnership with PEPFAR. More specifically, funding for
this activity could be included in the APHIA II grant with a
specific reference to creating linkages with the Safer World
activities.


11. (U) Post estimates an overall budget of approximately USD
1,100,000 for the first year of the Legal/Judiciary component.

Support Services to Victims of Violence Against Women
-------------- --------------


12. (U) Post acknowledges the statement that Nairobi Women,s
Hospital (NWH) has been receiving patient referrals from
Kenyatta National Hospital (KNH) for post-exposure
prophylaxis (PEP). This is an important finding and PEPFAR
will ensure that training and support is provided at KNH so
PEP referrals are not necessary in the future. This can be
accomplished with existing PEPFAR funding. Ref A then
proceeds to identify six bullets of suggested interventions
in Section 10. Post endorses all of the proposed
interventions. The PEPFAR Country Team will lead these
activities and has ongoing support mechanisms where funding
can be obligated. For example, the Family Health
International (FHI) follow-on program could take a leading
role in facilitating dialogue and partnership between KNH and
the police post at its gate. It is also worth restating that

bullet four, ensuring the availability of PEP at KHN, will be
accommodated with current PEPFAR funding. The other five
bullets would require WJEI support.


13. (U) Post welcomes the creation a PEPFAR satellite program
in Mombasa and the PEPFAR Country Team would lead this
element. WJEI could complement PEPFAR activities by
broadening the array of facilities, counseling and referral
services to encompass the health and medium)to)long term
counseling needs of victims of violence. It could also
sponsor training in conjunction with NWH and KNH for
satellite personnel. However, based on the overall discussion
of the viability of supporting shelters under this program,
Post does not recommend including an element on shelter
facilities as outlined in the second bullet in section 11.
Similarly, at this point, Post suggests limiting WJEI
programs to two geographic areas, Kibera and Mombasa, given
the need to ensure adequate resources and results in the
proposed program's limited duration.


14. (U) Post estimates an overall budget of approximately USD
2,100,000 for the first year of the Support Services to
Victims of Violence Against Women component.

USG Personnel
--------------

15. (U) Post agrees that DPP activities will be more
effective if implementation is coordinated by a DOJ Resident
Legal Advisor (RLA). A DOJ RLA is scheduled to arrive at post
in May 2006. His portfolio includes overseeing training to
strengthen the capacity of the public prosecutors. Post (and
the incoming RLA) is confident that the proposed discrete
training for police prosecutors under the WJEI program could
be effectively integrated into the overall support to the DPP
and could be integrated into the RLA,s portfolio without
unduly burdening his workload. It is also worth highlighting
that the DOJ employs a full time Kenyan attorney to assist
with this program. If further assistance is needed for
particular training sessions, then additional TDY assistance
could be utilized. However, given the amount of assistance
targeted at the DPP, the duration of the assistance, and the
expected arrival of a DOJ RLA to strengthen the DPP, Post
does not endorse the creation of a second RLA position in
Nairobi. Post further reminds the Team of our security and
footprint concerns, which argue for managing a program of
this size through positions already present in Nairobi.


16. (U) Post recommends that the main point of coordination
for the WJEI Kenya program be the USAID/Kenya Office for
Democracy and Governance for two reasons. First, given the
proximity of the WJEI objectives to USAID,s ongoing
democracy and governance strategic objective, USAID believes
existing human resources are sufficient to coordinate this
initiative in country. Second, USAID is the deputy lead donor
for the Governance, Justice, Law and Order Reform Sector
(GJLOS) Program and is best suited to ensure that the WJEI
Kenya program is coordinated via that mechanism as requested
by the GOK and suggested by the Team.


17. (U) Finally, the WJEI-PEPFAR link will be capitalized on
by adding a WJEI agenda item to periodic PEPFAR interagency
team meetings and assuring that USAID/Kenya Office for
Democracy and Governance personnel are represented at those
meetings.

BELLAMY