Rape

Morocco: End the legal exemption for rapists who marry their victims

Action Number: 
41.1
Update: 
Not an update
Date: 
2012 Mar 28

On 11 March 2012, 16-year-old Amina Filali committed suicide by swallowing rat poison after being forced to marry her rapist. Neither Amina nor the rapist wanted to marry but court officials, including the prosecutor, suggested the marriage when the victim and her family reported the rape. Article 475 of the Penal Code of Morocco specifically exempts a minor’s “kidnapper” from punishment if she marries him. Culturally, the stigma of being raped is often too much for both rape victims and their parents, and many reluctantly agree to the marriage.

What You Can Do: 

Please call on the Moroccan government officials below to repeal Article 475 of the Moroccan Penal Code as a matter of urgency. Express the critical need, following the death of Amina Filali, to prevent future deaths and violations of girls’ and women’s rights and to ensure that girls and women are protected and have access to justice. Encourage them to comply with Morocco’s international legal obligations under the Convention of Elimination of All Forms of Discrimination against Women and the International Covenant on Civil and Political Rights as well as its own Constitution. >> TAKE ACTION NOW!

 
Letters should go to:

Ministry of Justice and Liberties
Mr. Mustafa Ramid
Minister of Justice and Liberties
Fax: +212 5-37-26-31-03
Email: krtmed@gmail.com

Ministry of Solidarity, Women, Family and Social Development
Ms. Bassima Hakkaoui
Minister of Solidarity, Women, Family and Social Development
Fax: +212 5-37-67-19-17
Email: a.elouadi@social.gov.ma

House of Representatives
Mr. Karim Ghelleb
Speaker of the House of Representatives
Fax: + 212 5-37-67-77-26
Email: kghelleb@parlement.ma , parlement@parlement.ma
 

Letters: 

Dear Minister/Speaker of the House,

Following the death of Amina Filali and to prevent future deaths and violations of girls’ and women’s rights, I am writing to urge you to work as a matter of urgency for the repeal of Article 475 of the Moroccan Penal Code, which specifically exempts a minor’s “kidnapper” from punishment if a girl marries him.  Requiring a woman or girl to marry her rapist means that his violence is exonerated and her abuse continues.  It sends the public signal also that a perpetrator, if caught, can have a way out of punishment.  I would respectfully encourage your government to do everything it can to to ensure that girls and women are protected from violence and discrimination and have access to justice when they face abuse.

Several countries, such as Costa Rica, Ethiopia, Guatemala, Peru and Uruguay, with sex discriminatory laws like Article 475 exempting rapists from punishment by marriage have been amending them over the last several years.  A very similar law in Argentina, Article 132 of the Penal Code, is expected to be repealed shortly by the Argentine National Congress.  If Morocco would do the same, this would also set an example for other countries in the region.

The repeal of Article 475 of the Penal Code, which has devastating effects as highlighted all too clearly in the tragic Amina Filali case, would be in line with the Moroccan Constitution and consistent with Morocco’s international legal obligations, including under the International Covenant on Civil and Political Rights and the Convention on the Elimination of All Forms of Discrimination against Women.

Thank you for your attention.

Sincerely,

Program Officer Mehr Qureshi on Equality Now & partners' report addressing incest in Pakistan (Trust Law)

1/25/12 -- Trust Law -- "Girl's fight for justice breaks silence on incest in Pakistan" Program Officer Mehr Qureshi on release of Equality Now and partners' ground-breaking report addressing incest in Pakistan, A Struggle for Justice: Incest Victims in Pakistan Report.

 

War Against Rape, Lahore, Nasreen Welfare Trust Legal Aid Services & Equality Now Release Ground Breaking Report on Incest in Pakistan

FOR IMMEDIATE RELEASE:
24 January 2012

Contact: EQUALITY NOW (London/New York): Mehr Qureshi, mqureshi@equalitynow.org
NASREEN WELFARE TRUST (Pakistan): Hina Hafeezullah, hina.h.ishaq@gmail.com
WAR AGAINST RAPE, LAHORE (Pakistan): Sidra Humayun, sidra.humayun@hotmail.com

Report aims to prompt revisions to Pakistan’s sexual violence laws including a special provision for incest

Equality Now Issues Urgent Alert After Brother of Teenager Allegedly Gang-Raped by Police Shot Dead Outside of a Court House in Pakistan

FOR IMMEDIATE RELEASE
15 December 2011

Contact: LONDON: Anber Raz, (44) (0) 20-7839-5456, ukinfo@equalitynow.org
NEW YORK: Karen Asare, (01) 212-586-0906, media@equalitynow.org

Organization calls on Government Officials to Protect 16-year-old Uzma Ayub and her Family and to Ensure Justice in her Case

Equality Now calls on the Government of Pakistan to Protect 16 year old Gang-rape Victim Uzma Ayub and Ensure Justice in her Case

Update: 
Not an update
Date: 
2011 Dec 15
Update: 

UPDATE 29 February 2012: Pressure from human rights groups and media prompted the Pakistani government to take action in the case of Uzma Ayub. Following the Peshawar High Court's call for thorough inquiries and strict action against all perpetrators and the police officers who failed to take action in both the rape and murder cases in December 2011, 14 people have been arrested in the rape case and 29 police officers have been suspended. The alleged murderer of Uzma's brother is still at large but 15 of his alleged co-conspirators have been arrested. For Uzma’s safety, the government has relocated her and her mother to Peshawar. On 19 January, Uzma gave birth to a baby girl. DNA samples have been taken from the baby and the alleged rapists and are being tested in order to identify the child's father. The next hearing in the rape case will be held after the results of the paternity test have been released.

Please join us as we continue to call upon the Pakistani government to ensure that Uzma’s case is fully and properly investigated and that all the perpetrators involved, including those who may have obstructed justice, are prosecuted to the full extent of the law. Similarly, continue to call on them to ensure that all those responsible for the murder of Uzma’s brother Alamzeb are swiftly and properly brought to justice and prosecuted. >> TAKE ACTION NOW!

Update Date: 
2012 Feb 29
Uzma and child
Uzma and child
What You Can Do: 

Please write urgently to the officials below calling on them to ensure Uzma and her family’s immediate safety. Ask them to make certain that her case is fully and properly investigated and that all the perpetrators involved, including those who may have obstructed justice, are prosecuted to the full extent of the law, in accordance with Pakistan’s own Constitution and international obligations. Similarly call on them to ensure that all those responsible for the murder of Uzma’s brother Alamzeb are swiftly and properly brought to justice and prosecuted. Ask that local organisations under threat are protected and any threats against them investigated and appropriately prosecuted. Request guarantees that the authorities will send clear messages that such criminal actions, particularly by those who should be upholding the law, will not be tolerated.

>> TAKE ACTION NOW!

Mr. Amir Haider Hoti
Chief Minister Khyber Pakhtunkhwa
Chief Minister House
Fort Road,
Peshawar Cantt
Pakistan
Tel: +92-91-9213574, +92-91- 9211719
Fax: +92-91-9210718, +92-91-9210743
Email: pskhyberpakhtoonkhwa@yahoo.com

Barrister Arshad Abdullah
Minister for Law & Parliamentary Affairs
Government of Khyber Pakhtoonkhwa
Minister Block Opposite to MPA Hostel
Peshawar, Khyber Pakhtoonkhwa
Tel: +92-91-9210353
Fax: +92-91-9211130
 
Mr. Syed Yousuf Raza Gillani
Prime Minister of the Islamic Republic of Pakistan
The Prime Minister’s Secretariat
Islamabad, Pakistan
Tel: +92 51 920 6111
Fax: +92 51 922 1596
E-mail: secretary@cabinet.gov.pk

Mr. Moula Bakhsh Chandio
Minister for Law, Justice
and Parliamentary Affairs
Ministry of Law, Justice
and Parliamentary Affairs
Islamabad, Pakistan
E-Mail: minister@molaw.gov.pk

Letters: 

Dear _____ :

I write to you with deep concern regarding the case of gang-rape victim Uzma Ayub from Karak in the Khyber Pakhtunkha (KP) province.

I was concerned to hear about the horrific circumstances concerning 16 year old Uzma’s case and that she was held captive for almost a year during which she was repeatedly gang raped by a number of individuals including police officers resulting in a pregnancy. I was deeply dismayed to hear that Uzma and her family having already suffered such tragedy, have been further traumatized by the killing of Uzma’s brother Alamzeb Marwat outside the Karak District court allegedly by relatives of some of the police perpetrators.

Despite intense pressure and death threats, Uzma and her family are fighting for justice. This case has highlighted a shocking level of police corruption in the area and I urge you to please address this situation urgently. I respectfully urge you to ensure that Uzma’s case is fully and properly investigated and that all the perpetrators involved, including those who may have obstructed justice, are prosecuted to the full extent of the law, in accordance with Pakistan’s own Constitution, which states that “all citizens are equal before law and are entitled for equal protection of law” and that “there shall be no discrimination on the basis of sex alone,” along-side Pakistan’s international human rights obligations to ensure justice for all. I also ask that you ensure all those responsible for the murder of Uzma’s brother Alamzeb are swiftly and properly brought to justice and prosecuted. 

It is also my understanding that local NGOs who have been supporting Uzma in her fight for justice have been threatened. I urge you to ensure that local organisations are protected and any threats against them investigated and appropriately prosecuted. 

By prosecuting the perpetrators the government of KP will send a clear message that such criminal actions, particularly by those who should be upholding the law, will not be tolerated.

Thank you for your attention.

Yours sincerely

Sidra Humayun

Confronting Sexual Violence Head On in Pakistan
Sidra Humayun

1. Can you describe the hurdles that female victims of sexual violence typically face in seeking justice and help in Pakistan?

Zambia: Rampant rape of schoolgirls by their teachers—victory in R.M.’s civil case

Action Number: 
32.2
Update: 
UPDATE
Date: 
2009 Dec 1
What You Can Do: 

Please write to the Director of Public Prosecutions calling for the prosecution of Mr. Hakasenke for the rape of R.M. Ask him to ensure that girls have full recourse to the law if they are raped and that perpetrators are prosecuted to the full extent of the law. Remind him of the government’s obligations to protect young girls under Zambia’s own Constitution, the Protocol, and other human rights instruments to which Zambia is a party. Please write to the police Victim Support Unit asking them to expedite Mr. Hakasenke’s arrest. Please also write to the new Minister of Education, asking her to ensure that guidelines and mechanisms are put in place to prevent and better address sexual violence against girls in schools, including by school officials, and that the court-ordered compensation is paid to R.M. as soon as possible. Urge the Minister to cooperate with police to facilitate the arrest of Mr. Hakasenke and, at a minimum, to ensure that he is no longer on the government payroll.

Letters should be addressed to:.

Mr. Chalwe Mchenga
Director of Public Prosecutions
P.O. Box 50106
Lusaka
Republic of Zambia
Tel: +260 211 251 367
Fax: +260 211 257 636

Sample letter to the Director of Public Prosecutions

Mr. Tresford Kasale
Director
Victim Support Unit
Zambia Police Headquarters
Independence Avenue
P.O. Box 50103, Ridgewa
Lusaka 10101
Republic of Zambia
Tel: +260 211 254 534 / 253 543
Fax: +260 211 253 543

Sample letter to the Director of the Victim Support Unit

Hon. Dora Siliya
Minister of Education
P.O. Box 50093
Lusaka
Republic of Zambia
Tel: +260 211 250 558
Fax: +260 211 253 502
dsiliya@moe.gov.zm

Sample letter to the Minister of Education

Women's Action 32.1: February 2009

 

Zambia: Rampant Rape of Schoolgirls by Their Teachers

Action Number: 
32.1
Update: 
Not an update
Date: 
2009 Feb 1

 

What You Can Do: 

Please write to the Director of Public Prosecutions listed below calling for criminal charges to be lodged against Edson Hakasenke for the rape of R.M. Please write to the Attorney-General and ask him to withdraw the notice of appeal against the decision of the High Court to hold the government vicariously liable for the conduct of Mr. Hakasenke. Send a copy of both your letters to the Minister of Justice. Remind them of the government’s obligations to protect young girls under Zambia’s own Constitution, the Protocol, and other human rights instruments to which Zambia is a party. Request the Minister of Education to take serious note of Judge Musonda’s call to put effective mechanisms in place to address sexual violence against girls within the school system, in order to ensure that in future girls are properly protected against rape by school officials and that they know where to turn if they have been raped. Ask all officials to ensure that girls have full recourse to the law if they are raped and that perpetrators are prosecuted to the full extent of the law.

Letters should be addressed to:

Hon. Mumba Malila
Attorney-General
P.O. Box 50106
Lusaka
Republic of Zambia
Tel: +260 211 250 438
Fax: +260 211 253 695

Mr. Chalwe Mchenga
Director of Public Prosecutions
P.O. Box 50106
Lusaka
Republic of Zambia
Tel: +260 211 251 367
Fax: +260 211 257 636

The Honorable Dora Siliya
Minister of Education
Ministry of Education Headquarters
P.O. Box 50093
Lusaka
Republic of Zambia
Tel: +260 211 250 558
Fax: +260 211 253 502

Hon. George Kunda S.C.
Minister of Justice & Legal Affairs
P.O. Box 50106
Lusaka
Republic of Zambia
Tel: +260 211 251 588/253 509
Fax: +260 211 253 452

Letters: 
Sample Letter to Attorney General Malila

Hon. Mumba Malila
Attorney-General
P.O. Box 50106
Lusaka, Republic of Zambia
Fax: +260 211 253 695

Dear Attorney-General Malila,

I am writing in regard to the important decision of Judge Phillip Musonda of the High Court of Lusaka of 30 June 2008 in the case of R.M., a 13 year-old schoolgirl, against her teacher and rapist Edward Hakasenke, Woodlands ‘A’ Basic School where R.M. was a student, the Ministry of Education and the Attorney General.

I urge you to withdraw your notice of appeal in this case to demonstrate the government’s commitment to protecting and promoting the rights of women and girls in accordance with Zambia’s own Constitution and the Protocol to the African Charter on the Rights of Women, as well as other human rights instruments to which Zambia is a party. I would also urge you to ensure that girls have full recourse to the law if they are raped and that perpetrators are always prosecuted to the full extent of the law.

Thank you for your attention.

Yours sincerely,

 

CC: Hon. George Kunda S.C.
Minister of Justice and Legal Affairs
P.O. Box 50106, Lusaka, Republic of Zambia
Fax: +260 211 253 452
 

 

Sample letter to Mr. Mchenga

Mr. Chalwe Mchenga
Director of Public Prosecutions
P.O. Box 50106
Lusaka, Republic of Zambia
Fax: +260 211 257 636

Dear Mr. Mchenga,

I am writing in regard to the important decision of Judge Phillip Musonda of the High Court of Lusaka of 30 June 2008 in the case of R.M., a 13 year-old schoolgirl, against her teacher and rapist Edward Hakasenke, Woodlands ‘A’ Basic School where R.M. was a student, the Ministry of Education and the Attorney General.

In his decision, Judge Musonda referred the matter to you for possible prosecution. Without full protection of the law, girls in school and elsewhere remain at risk of rape and sexual assault and I urge you to take immediate action to hold Mr. Hakasenke responsible for the rape of R.M. to the full extent of Zambian law. I would also urge you to ensure that girls generally have full recourse to the law if they are raped and that perpetrators are always prosecuted to the full extent of the law so that all citizens, including children, benefit from the protections of Zambia’s Constitution, the Protocol to the African Charter on the Rights of Women, and all other human rights instruments to which Zambia is a party.

Thank you for your attention.

Yours sincerely,

 

CC: Hon. George Kunda S.C.
Minister of Justice and Legal Affairs
P.O. Box 50106, Lusaka, Republic of Zambia
Fax: +260 211 253 452
 

Sample letter to Minister Siliya

The Honorable Dora Siliya
Minister of Education
Ministry of Education Headquarters
P.O. Box 50093
Lusaka, Republic of Zambia
Fax: +260 211 253 502

Dear Minister Siliya,

I am writing in regard to the important decision of Judge Phillip Musonda of the High Court of Lusaka of 30 June 2008 in the case of R.M., a 13 year-old schoolgirl, against her teacher and rapist Edward Hakasenke, Woodlands ‘A’ Basic School where R.M. was a student, the Ministry of Education and the Attorney General. I urge you to act on Judge Musonda’s strong recommendation that the Ministry of Education put effective mechanisms in place to address sexual violence against girls within the school system, in order to ensure that in future girls are properly protected against rape by school officials and that they know where to turn to if they have been raped.

I would also urge you to work with your colleagues in government to ensure that schoolgirls have full recourse to the law if they are raped and that perpetrators are always prosecuted to the full extent of the law so that all citizens, including children, benefit from the protections of the Zambian Constitution and the Protocol to the African Charter on the Rights of Women in Africa, as well as other international instruments to which Zambia is a party.

Thank you for your attention.

Yours sincerely,

 

CC: Hon. George Kunda S.C.
Minister of Justice and Legal Affairs
P.O. Box 50106, Lusaka, Republic of Zambia
Fax: +260 211 253 452
 

Pakistan: The Hudood Ordinances--Denial of Justice for Rape: The Case of Dr. Shazia

Action Number: 
26.1
Update: 
Not an update
Date: 
2005 Aug 1

 

What You Can Do: 

Please write to the Pakistani officials listed below. Ask them to take immediate steps to ensure the repeal or amendment of the Hudood Ordinances to remove the discrimination against women and ensure that women who have been raped receive equal protection under the law in accordance with Pakistan’s own Constitution and its obligations under CEDAW. Urge them to ensure that Dr. Shazia’s case is immediately and fully investigated and that those responsible for her rape, as well as those who threatened Dr. Shazia with death or other harm, are brought to justice. Please also write to the Canadian authorities to ask that Dr. Shazia, Khalid and her adopted son be allowed to live and work in Canada where they have relatives and are hoping to resettle. Letters should be addressed to:

General Pervez Musharraf
President of the Islamic Republic of Pakistan
Aiwan-E-Sadr
Islamabad, PAKISTAN
Fax: +92-51-922-1422
To e-mail President Musharraf, please go to: http://www.presidentofpakistan.gov.pk/WTPresidentMessage.aspx

Mr. Muhammad Wasi Zafar
Minister of Law, Justice & Human Rights
S-Block, Pak Secretariat
Islamabad, PAKISTAN
Fax: +92-51-920-2628
E-mail: minister@molaw.gov.pk

The Honorable Diane Finley, P.C., M.P.
Minister of Citizenship and Immigration
Jean-Edmonds South Tower, 21st Floor
365 Laurier Avenue West
Ottawa, Ontario K1A 1L1, CANADA
Fax: +1-613-957-2688
E-mail: Minister@cic.gc.ca

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