The National Gender and Equality Commission (NGEC) has expressed concern over growing cases systematic violation of the rights of older persons.
While marking the International Day of older persons, the commission regretted suffering by senior citizens especially those living with disabilities, those living in hard-to-reach areas and informal settlements and from marginalised communities.
NGEC Chairperson Joyce Mwikali Mutinda cited atrocities meted out to the elderly which include horrific killings, lack of food and financial support, disinheritance, sexual exploitation and abuse despite existing legal policy frameworks and increasing investments.
“In some parts of Kenya, the Older Persons are killed or exiled over witchcraft claims, they are denied food and financial support, others are denied access to health services, disinheritance and fraudulent loss of property, and forceful disclosure of personal information and data, while older women suffer sexual exploitation and abuse,” she said.
The commission urged the government and families to take up the role of safeguarding the rights of the older people who also bear the brunt of the impact of the ongoing drought.
“The Commission wishes to affirm that the State and family hold the greatest responsibility of protecting Older Persons from any harm, and have the duty to promote their rights. In the context of the drought currently facing 13 counties, the Commission calls upon State and Non-State actors to enhance the resilience of Older Persons including women and protect them from devastating impact.” Mutunda said.
The International Day of Older Persons (UNIDOP) is commemorated on October 1, every year is to celebrate the lives of our senior citizens while highlighting both the opportunities and the challenges that ageing presents.
The UNIDOP umbrella theme for 2022 is “Resilience of Older Persons in a Changing World” and a specific commemoration on the Resilience and Contributions of Older Women.
The commemoration serves as a reminder of the critical role of older women in traversing global challenges. It also reminds States to reflect on the innovations, solutions and contributions older women have put forth in addressing contemporary issues.
Disasters and emergencies have been cited as key drivers of social and economic stress.
Kenya has an elaborate legislative and policy framework that protects and promotes the rights of older women including before, during and after adversities.
They include among others, the Mental Health Amendment Act 2022; National Hospital Insurance Fund (Amendment) Act, 2022; National Social Security Fund Act No. 45 of 2013; The Climate Change Act, 2016; National Drought Management Act,2020; National Disaster Risk Management Policy, 2017; and the National Policy on Older Persons and Ageing, 2014. In the last decade, Kenya expanded social safety and protection programs directed at Older Persons.
Key among them is the inua jamii flagship program that offers among others the Older Persons Cash Transfer (OPCT) services.
Article 57 of the Constitution of Kenya 2010 requires the State to take measures to ‘ensure the rights of older persons to fully participate in the affairs of society; to pursue their personal development; live with dignity and respect, and be free from abuse, and to receive reasonable care and assistance from their family and the State’.
Further, Kenya is a signatory to the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Older Persons in Africa.
The Protocol obligates the State to ensure that in situations of risk, Older Persons are given priority during rescue efforts, settlement, and repatriation. State parties should also ensure that older persons receive humane treatment, protection and respect at all times.
Kenya is also a signatory to the Sendai Framework for Disaster Risk Reduction 2015-2030 which recognizes that disaster risk management requires an ‘all-of society engagement and partnership’, and inclusive of the elderly.