Rape

Zambia: Rampant Rape of Schoolgirls by Their Teachers

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

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

Ethiopia: Abduction and Rape--Law Reform and the Case of Woineshet Zebene Negash

Update: 
UPDATE
Date: 
2005 Jun 1
Update: 

January 2008 update on the case of Woineshet Zebene Negash:

The Cassation Bench of the Federal Supreme Court in December 2005 refused to hear Woineshet’s appeal on the basis it believed no error of law had been committed by the lower courts. All domestic legal recourse is now closed to Woineshet.  Anecdotal information suggests abductions and rapes ceased when the outcome of Woineshet’s case was uncertain, but resumed when it was clear the perpetrators would go unpunished. Woineshet’s rapist and abductors are still at large and unconfirmed reports suggest the rapist abducted another girl, aged 14, whom he married and now has a baby. Equality Now, in conjunction with the Ethiopian Women Lawyers Association (EWLA), has submitted a communication to the African Commission on Human and Peoples’ Rights claiming violation of Woineshet’s rights under the African Charter. Please continue to write to the authorities below to ensure implementation of the law against abduction and rape and investigation into the conduct of Prosecutor Tolcha.

On Woineshet Zebene Negash 9 May 2005 the new Ethiopian Penal Code finally came into effect, which removed the marital exemption for abduction and rape. Both abduction and rape are criminal offences under Ethiopian law, but Articles 558 and 599 of the 1957 Ethiopian Penal Code had provided that in the event of subsequent marriage to his victim, the perpetrator was exempt from criminal responsibility for these crimes.

What You Can Do: 

Please write to the Minster of Justice, commending the Ethiopian authorities for having amended the Penal Code so that abductors and rapists who marry their victims are no longer exempt from punishment. Ask him to ensure that the law against abduction and rape is properly enforced and applied, including through the promotion of appropriate training for law enforcement authorities. Let him know of your concerns regarding Woineshet’s case. Request that his office closely monitor the appeal hearing scheduled for 4 July 2005 and any subsequent appeal proceedings in the case. Please write also to Mr. Dewano Kedir, Head of the Justice Beureau of the Oromia Region. Thank him for initiating an investigation into the conduct of Prosecutor Tolcha and urge him to impose appropriate disciplinary sanctions for misconduct in the handling of this case. Urge him also to undertake training for officials in his office, particularly on the law of rape. Letters should be addressed to:

The Honorable Harka Haroye
Minister of Justice
P.O. Box 1370
Addis Ababa, Ethiopia
Fax: +251-1-51 77 75

Mr. Dewano Kedir
Head, Justice Bureau of the Oromia Region
P.O. Box 9156
Addis Ababa, Ethiopia
Fax: +251-1-65 14 47

Ethiopia: Abduction and Rape--Law Reform and the Case of Woineshet Zebene Negash

Update: 
UPDATE
Date: 
2004 Nov 1

Woineshet Zebene NegashIn March 2002, Equality Now launched its campaign against abduction and rape in Ethiopia, highlighting the case of Woineshet Zebene Negash, who at the age of 13 was abducted and raped by Aberew Jemma Negussie in the village where she lived with her mother and grandparents in the south-eastern part of Ethiopia. Two days later she was rescued, and Aberew Jemma Negussie was arrested.

What You Can Do: 

Please write to the Oromia regional authorities listed below. Urge them to ensure that a further appeal will be heard in Woineshet’s case and that the rule of law is appropriately applied in any such appeal. Express concern over the decision of the High Court of the Arsi Zone, which does not appear to have taken into consideration the evidence of abduction, rape and attempted forced marriage of Woineshet, and express concern over reports that indicate that the court wrongly perceived rape to be a crime against virginity. Remind the officials of the government’s obligation under the Constitution and international law to guarantee the right to equality under the law and equal protection of the law.

Please also write to the Minster of Justice, commending the Ethiopian authorities for having amended the Penal Code so that abductors and rapists who marry their victims are no longer exempted from punishment. Ask him to ensure that the law is translated and passed to the President for signature as soon as possible so that these new provisions take effect. Let him know of your concerns regarding Woineshet’s case and ask him to investigate the conduct of Judge Ube and Prosecutor Tolcha in the appeal and to take appropriate measures if they are found to have acted improperly. Request that his office monitors the appeal hearing scheduled for 5 January 2005 and all subsequent appeal proceedings in the case. Also ask him to promote appropriate training for law enforcement authorities so that the law is properly applied in Ethiopia.

Letters should be addressed to:

Mr. Dewano Kedir
Head, Justice Bureau of the Oromia Region
P.O. Box 9156
Addis Ababa, Ethiopia
Fax: +251-1-65 14 47

Mr. Tesale Abera
President of the Supreme Court of the Oromia Region
P.O. Box 26110
Addis Ababa, Ethiopia
Fax: +251-1-23 44 37

The Honorable Harka Haroye
Minister of Justice
P.O. Box 1370
Addis Ababa, Ethiopia
Fax: +251-1-51 77 75

Please send copies of your letters to the Oromia officials above to:

Mr. Junedi Sado
President of the Oromia Region
P.O. Box 101769
Addis Ababa, Ethiopia
Fax: +251-1-51 36 42

Ethiopia: Official License for Abduction and Rape

Update: 
UPDATE
Date: 
2004 Feb 1

Woineshet Zebene NegashOn July 22, 2003, Aberew Jemma Negussie was sentenced to 10 years’ imprisonment without parole for the abduction and rape of Woineshet Zebene Negash. His four accomplices were each sentenced to 8 years’ imprisonment without parole.

What You Can Do: 

Please write to the Ethiopian authorities listed below. Commend the Minister of Justice for the action taken to ensure justice in the case of Aberew Jemma Negussie and urge him to actively support the abolition of the legal provisions in Articles 558 and 599 of the Ethiopian Penal Code that exempt perpetrators of abduction and rape from criminal responsibility upon marriage. Urge the Minister to ensure that abduction and rape are treated as serious criminal offences and that, when prosecuting and sentencing perpetrators, the courts send a strong message that these crimes will not be tolerated. Write to the Chair of the Legal and Administrative Affairs Standing Committee of Parliament and urge him to take immediate steps to stop the practice of bride abduction in Ethiopia by rescinding Articles 558 and 599. Remind these officials of the government’s obligation under the Constitution and international law to protect and promote the right to equality and equal protection of the law. Letters should be addressed to:

The Honorable Harka Haroye
Minister of Justice
PO Box 1370
Addis Ababa, Ethiopia
Fax: +251-1-51-77-75

The Honorable Asmelash
Woldeselassie, Chair
Legal and Administrative Affairs Standing Committee
PO Box 80001
Addis Ababa, Ethiopia
Fax: +251-1-55-09-00

Ethiopia: Official License for Abduction and Rape

Update: 
Not an update
Date: 
2002 Mar 1

Woineshet Zebene NegashWoineshet Zebene Negash lived in a rural village with her mother and grandparents in the southeastern part of Ethiopia. She was 13 years old when, on March 12, 2001, a man by the name of Aberew Jemma Negussie came to her residence in the middle of the night with a group of accomplices, carried her away and raped her. Her teachers reported her abduction to the police.

What You Can Do: 

Please write to the Ethiopian authorities and urge them to take immediate steps to stop the practice of bride abduction by abolishing the legal provisions that exempt perpetrators of abduction or rape from criminal responsibility upon marriage. Urge them to ensure that abduction and rape are treated as serious criminal offences and that, when prosecuting and sentencing perpetrators, the courts send a strong message that these crimes will not be tolerated. Remind the government of its duty to protect constitutional rights, in particular the right to equality (Article 25 of the Ethiopian Constitution), the right to marital, personal and family rights (Article 34) and the right to security of person (Article 16). Mention also the Ethiopian Government's international obligations, including CEDAW (Article15 - Equality before the law) and the International Covenant on Civil and Political Rights (ICCPR, Article 23 - Free and full consent of parties intending to enter marriage). Letters should be addressed to:

H.E Prime Minster Meles Zenawi
Office of the Prime Minister
PO Box 1030
Addis Ababa, Ethiopia
Fax: +251-1-55-20-20

The Honorable Harka Haroye
Minister of Justice
Ministry of Justice
PO Box 1370
Addis Ababa, Ethiopia
Fax: +251-1-51-77-75

South Africa: Rape and Violence Against Women at the Durban Train Station

Update: 
Not an update
Date: 
1994 May 1

Regina Nyanda lives on the pavement of Umgeni Road, outside the Durban train station. She has been there for more than twenty years. Regina can hardly walk, and she suffers from epilepsy. During the day she sells used plastic chemical containers to make a living and to send money for her children to go to school.

What You Can Do: 

Please write to the police officials listed below and call on them to provide effective protection for the women who live on the pavement of Umgeni Road outside the Durban train station. Ask them to institute a regular patrol, to investigate reports of rape and other violence, and to arrest those responsible. Please send copies of your letters to the South African embassy in your country and to President Nelson Mandela. Congratulate President Mandela as the first democratically elected president of South Africa and urge him to take action on behalf of the women at the Durban station, to demonstrate to the police and the public that the new South Africa will not tolerate rape and other violence against women and will give meaning to the right of equal protection of the law.

South African Police
District Commissioner
P.O. Box 10816
Durban 4000
South Africa
 
The Minister of Police
c/o The Commissioner of Police
Private Bag X94
Pretoria 0001
South Africa
 
President Nelson Mandela
Union Buildings
Pretoria
South Africa

Bosnia-Herzegovina: The Failure to Arrest Radovan Karadzic and Ratko Mladic

Update: 
UPDATE
Date: 
2001 Aug 1

There are rape camps all over the country. Thousands of women are being raped and killed. Thousands are pregnant as a result of rape. Over and over again, everywhere I went ... women told me stories of abomination--of being kept in a room, raped repeatedly and told they would be held until they gave birth to Serbian children. I heard stories of men being raped, of forced incest--fathers forced to rape daughters, brothers forced to rape sisters.

What You Can Do: 

Please write to General Joseph Ralston, the NATO Supreme Allied Commander for Europe, calling on him to apprehend Radovan Karadzic and Ratko Mladic, and turn them over to the International Criminal Tribunal for the Former Yugoslavia to stand trial for the crimes they are charged with. Please also write to the Prime Minister of the Republika Srpska, Mladen Ivanic, noting the recently-adopted legislation that approves co-operation with the ICTY and asking him to take steps to ensure the immediate arrest of Karadzic and Mladic.

General Joseph Ralston
Supreme Allied Commander for Europe
NATO Headquarters
1110 Brussels
BELGIUM

H.E. Mladen Ivanic
Prime Minister of Republika Srpska
Banja Luka
Republika Srpska
BOSNIA-HERZEGOVINA

Kosovo: Forced Removal, Rape, Genocide

Update: 
UPDATE
Date: 
1999 Apr 1

A genocidal campaign of "ethnic cleansing" has displaced hundreds of thousands of ethnic Albanians living in Kosovo. There have been steady reports of killings, forced removals, and burning of villages. Now the first report of rape has emerged—young ethnic Albanian women being raped by Yugoslav soldiers at an army training camp near the town of Dakovica and as many as twenty women killed. But rape is not a new weapon of war in the Serbian arsenal.

What You Can Do: 

Through the poster in this action, Equality Now hopes to highlight the fact that the atrocities which are occurring in Kosovo are being carried out under orders, and that there are individuals such as Slobodan Milosevic who are directly responsible for them. Distribute the poster as widely as possible and call on NATO to take immediate action to arrest indicted war criminals Radovan Karadzic and Ratko Mladic, and to be prepared to take immediate action to arrest Slobodan Milosevic if and when he is indicted by the International Criminal Tribunal for the Former Yugoslavia. Appeals should be addressed to Dr. Javier Solana, the Secretary General of NATO, and General Wesley K. Clark, the NATO Supreme Allied Commander for Europe, at NATO Headquarters, 1110 Brussels, Belgium.

WANTED
Slobodan Milosevic
SLOBODAN MILOSEVIC
FOR MASS RAPE AND MURDER
IN KOSOVO

Bosnia-Herzegovina: Rape, Forced Removal, Genocide

Update: 
UPDATE
Date: 
1995 Aug 1

On July 11, 1995, the town of Srebrenica was overrun and captured by Bosnian Serb forces. Srebrenica had been declared a "safe area" by the United Nations in the summer of 1993 and United Nations peacekeepers were stationed in Srebrenica when it fell to the Bosnian Serbs. Numerous atrocities were reported by fleeing refugees, mostly women, children and the elderly, who initially went to Potocari, where United Nations peacekeepers guided them to factory buildings for the night and assured them that they would be safe.

What You Can Do: 

Continue to use the poster below to highlight the ongoing atrocities in Bosnia-Herzegovina—get it published in local newspapers, put it on billboards, hand it out at public events. Send copies of ads or photos of the poster, or the poster itself, to your President, Prime Minister, elected representatives, and government officials responsible for foreign affairs, and to Mr. Boutros Boutros-Ghali, Secretary General of the United Nations, New York, New York 10017. Call for immediate and effective action to stop the genocidal rape and killing in Bosnia-Herzegovina and call for international action to ensure the prompt arrest and trial of Radovan Karadzic, Ratko Mladic, and others indicted by the United Nations International Criminal Tribunal.

WANTED
Radovan Karadzic
RADOVAN KARADZIC
FOR MASS RAPE AND MURDER
IN BOSNIA-HERZEGOVINA
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