Rape

Morocco: Amend Penal Code to Protect Women Against Violence and Discrimination (HuffPo UK)

12/13/2012 -- Huffington Post UK -- "Morocco: Amend Penal Code to Protect Women Against Violence and Discrimination"; In solidarity with female victims of violence and discrimination, the "Spring of Dignity" coalition organised a human chain which started at the headquarters of the Ministry of Justice in Rabat and ended at the seat of the House of Representatives. Several hundred people took part.

Uganda: Properly investigate and prosecute cases of sexual violence against the disabled

Update: 
Not an update
Date: 
2012 Nov 12
Update Date: 
2013 Mar 19
Update: 

UPDATE 19 MARCH 2013: The remaining suspect in the case, who had run away, was found dead in early 2013. However, Equality Now is calling for DNA testing of his body at the government’s expense without delay.


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What You Can Do: 

Contact the Ugandan Government and urge them to:

  1. Conduct DNA testing on the body of the remaining suspect at the government’s expense without delay.
  2. Ensure that all relevant investigative techniques, including DNA testing, are promptly carried out in cases of sexual violence, and in particular, those concerning disabled victims.

TAKE ACTION NOW! << Click on this link to send all letters below online.

Help us spread the word about this campaign by sharing this Action with your friends.

Letters should be addressed to:

Richard Buteera
Director of Public Prosecutions
Directorate of Public Prosecutions (DPP)
P.O. Box 1550
Kampala, Uganda
Phone: +256-414-332-501 - 7
Fax: +256-414-251-951

Hon. Chief Justice Benjamin Joseph Odoki,
Chief Justice of Uganda
The Judiciary Courts of Judicature
High Court Building
Box 7085
Kampala, Uganda
Phone: +256-414-341-116
Email: bodoki@judicature.go.ug

Lady Justice Alice E. Mpagi-Bahigeine
Deputy Chief Justice of Uganda
The Judiciary Courts of Judicature
High Court Building
Box 7085
Kampala, Uganda
Email: ampagi@judicature.go.ug

Letters: 

Dear Mr./Hon. Chief Justice/Lady Justice

I am deeply concerned about the Ugandan government’s inaction in protecting disabled sexual violence victims and the lack of additional steps to investigate crimes against them that would ensure swift justice. A case in point is Sanyu, a 13-year-old blind, deaf and mute Ugandan girl, who was raped and became pregnant as a result but was unable to communicate the identity of her rapist due to her condition. Sanyu’s mother and Legal Action for Persons with Disabilities - Uganda (LAPD) called for DNA testing of Sanyu’s father, three brothers (the only males who had access to her) and the baby to establish paternity, but the Government Analytical Laboratory - Wandegya did not respond to  the official request and the police closed the case.

Upon learning about the case, international human rights organization Equality Now successfully raised funds for DNA testing in 2011 and with the assistance of LAPD, had the case reopened. DNA samples were taken from three of the four suspects (one brother had run away) on 24 August 2011 (four years after the rape) and sent to the Government chemist for testing, as is required for trial admissibility. The DNA testing languished for over a year and when finally received, the results showed that the baby’s father was genetically of the same paternal line, though none of the three tested were the father of Sanyu’s baby. To our knowledge no effort has been made by the police to apprehend and test the remaining suspect. Along with Equality Now and LAPD, I am seriously disturbed by the lack of a thorough investigation and the five year delay in justice for Sanyu, who is now 18. I support the call for improved legal procedures in cases of sexual violence, and for additional steps to be taken to help disabled victims.

Sexual violence is widespread in Uganda and disabled women and girls such as Sanyu are particularly vulnerable. The Constitution of Uganda and The Persons with Disabilities Act, 2006 upholds the rights of people with disabilities and provide for the elimination of all forms of discrimination and toward equal opportunities for them. However, the government does not take additional steps to facilitate justice for disabled victims of sexual violence such as Sanyu by making provision for investigative techniques that would facilitate the process and this leads to further victimization.

The Government of Uganda has ratified a number of regional and international human rights instruments that provide for the rights of persons with disabilities, such as the UN Convention on the Rights of Persons with Disabilities (CRPD), The Protocol on the Rights of Women in Africa (the Protocol) and the UN Convention on the Rights of the Child (CRC). In addition, Uganda has ratified the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) which in its General Recommendation No. 18 calls on States to report on special measures taken to deal with the particular situation of women with disabilities.

In order to make sure that Sanyu and girls in similar situations get justice, Uganda must live up to its domestic and international obligations and take additional steps to improve the investigation process and prosecution rate in sexual violence cases involving disabled victims. In particular I urge you to ensure that DNA testing of the remaining suspect is conducted at government expense without delay. Please ensure that all relevant investigative techniques, including DNA testing, are promptly carried out in cases of sexual violence, and in particular, those concerning disabled victims.

Thank you for your attention.
Sincerely

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

Update: 
Not an update
Date: 
2012 Mar 28
Update Date: 
2012 Dec 4
Update: 

UPDATE 20 MARCH 2013: In February 2013, the Moroccan Ministry of Justice and Liberties approved amendments to the Penal Code, which are said to strengthen punishments for sexual violence. Such changes include revisions to Article 475, which had the effect of exempting from punishment a rapist who subsequently married his minor victim. Deletions have also been proposed to the Personal Status Law to remove articles which allowed a judge to endorse early marriage under the legal age. Full discussion of these revisions in parliament has been postponed until the Spring. Although women’s groups in Morocco have welcomed these proposed amendments, they are calling for a full review of the Penal Code to revoke provisions which discriminate against women and to provide full protection for women against violence and discrimination. We will be issuing a full update, including further action you can take to support their work, as the process progresses.


UPDATE 4 DECEMBER 2012: In solidarity with female victims of violence and discrimination, the Spring of Dignity coalition is organizing a human chain that will start at the headquarters of the Ministry of Justice in Rabat and end at the seat of the House of Representatives on 8 December 2012. Moroccan women and men are calling on the government to amend the Penal Code, including article 475 that still sanctions the exoneration of a rapist if he marries his victim. The coalition, which includes more than 40 associations, networks and organizations, is also demanding the criminalization of marital rape, sexual harassment and psychological abuse, the legalization of safe abortion and the revision of discriminatory articles related to prostitution and trafficking under the Penal Code among other measures.

Equality Now joins the coalition and our partners in calling the Government of Morocco to amend the Penal Code to safeguard women’s rights. Please take Action and keep up the pressure on the Government of Morocco to end the legal exemption for rapists who marry their victims and to ensure that the prohibition on child marriage is enforced.


UPDATE 17 MAY 2012: 15-year-old Safae from Tangiers was raped and impregnated in January 2011 when she was 14. Though she and her mother filed a complaint, according to recent reports they were pressured to drop the charges by the prosecutor and the judge. Instead, without her parents being present, the judge allegedly made Safae marry her rapist in order to save her “honor.” By doing so, the law also removed the threat of criminal penalty on Safae’s rapist.

>> TAKE ACTION NOW!

Safae gave birth to a girl in September 2011, but her rapist has disappeared and she and her daughter are not supported by him. Additionally, since the father is not named on the birth certificate, Safae’s rapist remains anonymous with his “honor” intact, while Safae is reported to be in a state of extreme depression, having twice attempted suicide.

As with the previous case of 16-year-old Amina Filali, who committed suicide after being forced to marry her rapist, this highlights the difficulties faced by Moroccan girls in achieving justice in sexual violence cases. Union de L'Action Feminine, a Moroccan women’s rights group, and other civil society organizations continue to call for the repeal of Article 475, described in detail below, as well as for the repeal of laws permitting judges at their discretion to authorize marriage of minors who are younger than the minimum age of marriage of 18 including in cases of sexual violence. La Marche Des Femmes Libres is organizing demonstrations throughout the country to ensure that rapists are not absolved of their crimes. Action is urgently needed to develop child protection mechanisms, including judicial training, so that judges cannot and do not push girls into marrying their rapists.

WHAT YOU CAN DO

Continue to call on the Moroccan government officials below to:

  • Repeal Article 475 of the Moroccan Penal Code and ensure that girls and women are protected from violence and have access to justice.
  • Ensure that the prohibition on child marriage is enforced and stop judges from coercing girls to marry their abusers particularly in cases of sexual violence.
  • Institute child protection measures and judicial training as matters of urgency. 
  • Comply with Morocco’s international legal obligations under the Convention of Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights as well as its own Constitution.

Help us spread the word about this campaign by sharing this Action with your friends.

>> TAKE ACTION NOW!


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 recent reports about 14-year-old Safae from Tangiers, who was allegedly forced by a judge to marry her rapist in order to save her “honor,” I urge you to work for the repeal of Article 475 of the Moroccan Penal Code, which specifically exempts a rapist from punishment if a girl marries him. In addition, I urge you to ensure that the prohibition on child marriage is enforced and to take measures to stop judges from coercing girls into marriage in cases such as this. I would respectfully encourage your government to do everything it can to ensure that girls and women are protected from violence and discrimination and have access to justice when they face abuse.

Countries with sex discriminatory laws like Article 475, such as Costa Rica, Ethiopia, Guatemala, Peru and Uruguay, have been amending them over the last several years. A very similar law in Argentina, Article 132 of the Penal Code, was just amended 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 and ensuring that the prohibition on child marriage is enforced 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. Please also institute child protection measures and judicial training as matters of urgency to stop judges from marrying young girls to their rapists.

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: 
UPDATE
Date: 
2011 Dec 15
Update Date: 
2013 Feb 11
Update: 

UPDATE 11 February 2013: Following the remand of the case from the High Court, on 31 January the lower court acquitted the defendants, including several police officers, in the gang rape case. This was not unexpected, given the High Court's determination that there was no conclusive evidence against the accused. We are concerned for the safety of Uzma and her family after this ruling as they will no longer have state protection and they have already been targeted for bringing the case.  We are strategizing with partners about ways to protect her.


UPDATE 22 June 2012: On 19 June, the Peshawar High Court in Pakistan dismissed its December 2011 inquiry into this case. The court found that the DNA test results of Uzma’s baby did not match the men implicated in the gang-rape. In addition, it ordered Uzma to undergo multiple lie detector tests and found the results inconclusive. On 4 June, Equality Now wrote to the court expressing great concern about subjecting a rape victim to lie-detector testing which is psychologically damaging and, given the inconclusive nature of the results, highly prejudicial.

Uzma's gang-rape case and her brother's murder case are still pending at the lower court and Equality Now and our partners are strategizing on next steps.


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.


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

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

 

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