Human trafficking and sexual exploitation undermine the fundamental rights and freedoms of women

Women and girls in Kenya are a vulnerable population vulnerable to the emerging scourge of modern slavery, commonly known as human trafficking or human trafficking, which manifests itself in the form of sexual exploitation.

Trafficking in human beings in general and sexual exploitation in particular constitute the worst form of violence and constitute a violation of the fundamental rights of women, such as the right to life, human dignity and physical integrity. These rights are enshrined in the Protocol to the African Charter on Human and Peoples’ Rights, to which Kenya is a signatory.

Before we delve into the complexities, intricacies and challenges of trafficking in women and girls, it is important to define human trafficking. In layman’s terms, human trafficking is the selling of human beings for profit.

From a legal definition perspective, human trafficking is a crime that involves the use of force, fraud, or coercion to obtain labor or commercial sex acts. Sexual exploitation is one of the various forms of human trafficking.

The discussion of human trafficking has long been conceptualized as a crime that only involves transporting a person from one country to another. However, this is not the case only for human trafficking. Women and children can even be trafficked within Kenya.

However, the majority of victims of sexual exploitation still face difficulties in reporting abuses of sexual exploitation and in reaching justice. This is due to various reasons, such as poverty, inequality and the clinical nature of legal systems.

It is estimated that more than 40,000 young people in the Kenyan port city of Mombasa are subjected to sexual exploitation, where some are forced to have group sex with tourists under the guise of sex tourism. This is a classic example of human trafficking in the form of sexual exploitation.

Economic hardship, limited opportunities and lack of education make women and girls easy targets for sexual exploitation.

The International Organization for Migration (IOM) has identified Kenya as a transit, source and destination country for sexual exploitation, which is prevalent in several communities.

Kenya is a State Party to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, better known as the Palermo Protocol.

Despite being a state treaty, human trafficking in general and sexual exploitation of women and children remain a challenge.

Article 28 of the Constitution of Kenya states that every human being has inherent dignity and the right to have that dignity respected and protected. Kenya has ratified the African Charter on Human and Peoples’ Rights (ACHPR), which unequivocally states that human beings are inviolable and that the life and integrity of every human being must be respected.

Sexual exploitation of women undermines their integrity and dignity. This requires a concerted effort by government and other law enforcement agencies to mobilize themselves into a powerful force in the fight against the scourge of sexual exploitation of women.

Despite the prevalence of sexual exploitation of children and women in Kenya, the lack of a national database to record cases of sexual exploitation of children makes it difficult to understand the true scale of the scourge. This makes it difficult to devise effective measures to combat the scourge.

There is a need for deliberate government programs that invest in the aggressive implementation of socio-economic rights and social infrastructure to combat poverty and inequality, the key factors that make women and young children vulnerable to sexual exploitation.

There is an urgent need for greater awareness, advocacy and training for actors in the justice system so that the country is well equipped to protect and promote the rights of women and girls from sexual exploitation.

The author, Zororai Nkomo, is a Zimbabwean human rights lawyer, journalist, social justice advocate and intern at ICJ-Kenya.