Assessing Asylum Claims in Africa: Missing or Meeting Standards?

Netherlands International Law Review -     

Past Reflections, Future Insights: African Asylum Law and Policy in Historical Perspective

This article argues that an understanding of the evolution ofasylum is an essential ingredient in the search for ideas andperspectives to the plight facing forced migrants. Using Kenyaas a case study, the paper evaluates the extent to which proceduresused to determine claims for asylum, protection outcomes andentitlements met international human rights and refugee lawstandards. It is contended that limited resources, porous boundariesand the mass movement of asylum seekers have compromised thelevel of protection offered to those who seek surrogate protectionin African states like Kenya. In conclusion, critics in thearea of asylum are challenged to undertake historical studies,as a way towards offering best practise lessons for those involvedin the protection of persons forced to flee their home states.     

Association between education and domestic violence among women being offered an HIV test in urban and rural areas in Kenya

The objective of this study was to examine the association between education and domestic violence among women being offered an HIV test in urban and rural areas in Kenya. A sample selection of women who experienced physical (n = 4,308), sexual (n = 4,309), and emotional violence (n = 4,312) aged 15 to 49 allowed for the estimation of the association between education and domestic violence with further analysis stratified by urban and rural residence. The main outcome of interest was a three-factor (physical, sexual, and emotional) measure for violence with the main predictor being education. Nearly half of all domestic violence, physical (46%), sexual (45%), and emotional (45%) occurred among women aged 15 to 29. After adjusting for confounding variables, women who resided in urban areas and had a postprimary/vocational/secondary and college/university education were 26% (OR = 0.74, 95% CI: [0.64, 0.86]), p < .001 and 22% (OR = 0.78, 95% CI: [0.66, 0.92]), p < .01 less likely to have experienced physical violence compared to those who had a primary education respectively. This was 17% (OR = 0.83, 95% CI: [0.73, 0.94]), p < .01 and 17% (OR = 0.83, 95% CI: [0.72, 0.96]), p < .05 less likely among women who resided in rural areas. A surprising finding was that women residing in rural areas with less than a primary education were 35% less likely to have experienced sexual violence (OR = 0.65, 95% CI: [0.43, 0.99]), p < .01 compared to those who had a primary education. These findings suggest that physical, sexual, and emotional violence were prevalent in Kenya among married and formerly married women. This study indicates that more research is needed to understand factors for HIV/AIDS among Kenyan women who have specifically tested positive for HIV or identified as AIDS-positive and the implications for women's health.