We are an independent rating organization holding leaders accountable for the commitments they have made to respond to the AIDS epidemic.

Eastern Cape’s Mthatha problem

In a damning report to be released at the SA Aids Conference today, civil society groups describe what happens when the drug supply chain goes wrong. As the Mthatha medical depot in the Eastern Cape remains dysfunctional, over 100,000 people are affected, with many unable to access life-saving medication. Still, the province doesn’t believe there’s a problem. By GREG NICOLSON.

Five months ago, Médecins Sans Frontières (MSF), Section27, the Rural Health Advocacy Project (RHAP) and the Treatment Action Campaign (TAC) warned that while government focuses on improving the delivery of primary healthcare, parts of the system are in a state of crisis. In the Eastern Cape, the problems are illustrated at the Mthatha health depot.

The crisis hit in September 2012. The national transport strike meant deliveries to the depot slowed before the centre’s staff also went on strike. The centre serves over 300 medical facilities and affects over 100,000 people. When MSF and TAC went to investigate, they found no staff to unload deliveries at the depot, no one to capture orders from medical facilities and no one pack the orders for delivery. Few employees returned from the bitter wildcat strike. Service delivery had collapsed, causing interruptions in patients’ antiretroviral (ARV) and other treatments. With interruptions comes the risk of developing resistance to the drugs.

MSF and TAC provided the resources to clear the backlog of orders of medical supplies and in a relatively short period, the depot was working again. They called on national and provincial government to intervene urgently by sending in the relevant pharmacists and managers, resolving the industrial relations problems and restocking the depot.

The report to be released today at the 6th South African Aids Conference, being held in Durban, shows that the recommendations were largely ignored and the situation remains dire.

“This situation is catastrophic. It means many thousands of people living with HIV have risked treatment interruption for months now. The stock-outs consequently undermine clinical benefits of life-saving ARV treatment. Over time, more deaths will occur as a result, and the likelihood of increased drug resistance is significant,” said Dr Amir Shroufi, deputy medical coordinator for MSF in SA.

Of 70 facilities supplied by the Mthatha depot that were surveyed in May, investigators found 40% experienced HIV or TB drug stock-outs. Of the affected facilities, 24% had sent patients away because they did not have the required HIV or TB medicines. Little has changed as the stock-outs were found to last an average 45 days.

“It seems very little was learnt from our report in January to the Eastern Cape health authorities. It is unacceptable that there has been little or no change. We demand that Eastern Cape MEC for health, Sicelo Gqobana, take leadership to end these stock-outs,” said Vuyiseka Dubula, TAC general secretary, in a press release.

The January report mentioned medical practitioners were trying to hold out against the impacts of the shortages by taking it upon themselves to source drugs. The impact, however, was still severe. The organisations estimated that at least 5,494 adults weren’t able to take some of their ARVs and 561 children were sent home without treatment. An estimated 714 patients could have developed drug resistance, resulting in 20-80 excess mortalities because of the unplanned treatment interruption.

“In November I was told there was no TDF [a type of ARV] at my clinic so I went for one week without any treatment. I felt terrible. ARVs are a lifelong treatment. I thought maybe I am going to die,” said one respondent to the January report. “I am afraid to die, every time they tell me there is no treatment I think of dying,” commented another.

Sizwe Kupelo, spokesman for the Eastern Cape MEC of Health, slammed the claims that the crisis is continuing. Speaking to Daily Maverick over the phone, he accused MSF of “deliberately distorting the facts” and said Tuesday’s statement was “a clear mischievous attempt to mislead the world”.

Kupelo blamed the depot’s problems on last year’s wildcat strike. Since then, the provincial department has advertised 29 positions to replace fired staff and filled 15 posts, said Kupelo. It has appointed pharmacists, a supply chain manager and is finalising the appointment of a number of key members.

Allowing MSF and TAC to work in the depot was a “ground-breaking move” by the province, said Kupelo, claiming the organisations are now politicising public health by peddling “a deliberate distortion of the facts”. According to the department, there are adequate ARVs and other drugs in stock.

“So that does not suggest a crisis. No clinic and no hospital in the region has reported a drug shortage,” said Kupelo. The department has assisted the Hawks in arresting eight officials suspected of stealing medication, he added.

The spokesman was outraged by claims that mismanagement of the health system contributed to the drug shortages. MSF held its position on Tuesday and referred to its research.

“The dysfunction of the Mthatha depot is a symptom of the ailing state of health care in the Eastern Cape more broadly,” reads the report being released today. “Doctor Trudy Thomas, the first MEC of Health in the Eastern Cape said: ‘Over the last 15 years, I have witnessed the progressive deterioration of the Eastern Cape Department of Health and the services it offers. This trend grew most acute over the last year and has culminated into a full-blown catastrophe’.”

The report continues: “The problems to which Thomas refers, include, amongst others, the failure to properly budget; financial mismanagement; poor, or no systems for human resources; crumbling infrastructure; poor supply chain management; the lack of accountability and the lack of proper management generally. The breakdown at the Mthatha depot is an example of these different elements combining to culminate in the desperate failure to deliver essential drugs and supplies in a timely and reliable fashion.”

MSF also dismissed the claim that no medical facilities are out of stock. When it contacted facilities at the end of May for a progress update since the TAC and MSF finished its intervention, 24% of them reported stock-outs and all details were forwarded to the Mthatha depot staff.

In a speech on Tuesday evening marking the beginning of the SA Aids Conference, Health Minister Aaron Motsoaledi outlined a number of challenges and priorities for his ministry. Motsoaledi has been widely praised for his determination to tackle some of the key problems in the health system and in particular HIV/Aids. Enormous challenges, however, remain, particularly at local levels. Mthatha is a prime example. If drugs don’t get delivered to those who need them, patients will suffer.

“Urgent action is required in order to ensure that patients do not face ongoing treatment disruption, risking drug resistance and death,” says the report. DM

Photo: Children play soccer on a field in the Ngangelizwe township, about 20 km from Mthatha in the Eastern Cape on Sunday, 20 June 2010. Picture: Jordi Matas/SAPA

19 June 2013

http://www.dailymaverick.co.za/article/2013-06-19-eastern-capes-mthatha-problem/#.UcGB5-f7CbI

Filed under: Accountability,Africa,Capacity building,Civil Society,Commitments,Conferences,Human Rights,News,SRHR — June 19, 2013 @ 10:09 am

6th SA AIDS Conference: Invitation to an Evening Cocktail Event – What is the current role of the business sector in the response to HIV & AIDS? AAI and SABCOHA

AIDS Accountability International (AAI) and the South African Business Coalition on HIV/AIDS (SABCOHA)

INVITE YOU TO:

An evening cocktail event

HIV & AIDS Workplace programmes: What is the current role of the business sector in the response to HIV & AIDS?

Thursday, 20 June 2013, 18:00 – 19:30, Hilton Hotel, 12 Walnut Road, Durban (opposite ICC Durban)

As part of the 6th SA AIDS Conference in Durban 18-20 June 2013.

A panel of experts from:

  • AIDS Accountability International
  • The De Beers Group
  • The International Labour Office
  • South African Business Coalition on HIV/AIDS
  • The South African Clothing and Textile Workers Union

will speak about the current role in 2013 of the business sector in the response to HIV and AIDS.

To view the invitation please click below:

AAI SABCOHA Workplace Programme 6th SA AIDS Conference-1

Please click here to RSVP online:  http://www.amiando.com/VZTTHUA.html

or email nomvuyo@aidsaccountability.org


 

Filed under: Accountability,Africa,Civil Society,Human Rights,LGBT,South Africa,Workplace Scorecard — June 12, 2013 @ 1:40 pm

Uganda’s maternal death reduces – WHO report

By Cathy Mwesigwa and Anne Mugisa

Uganda’s maternal deaths have been reducing at an annual rate of 5.1% in the past 10 years, a just released World Health Organisation (WHO) report has said.

It however, pointed out that the country is still lagging behind in the reduction of maternal deaths which by 2010, stood at 310, over twice the 150 target set by the UN to be realized by 2015.

It is eighth among the African countries that are making progress in reducing maternal mortality with Rwanda leading the pack with an annual reduction of 8.7% between 2000 and 2010.

The report titled ‘Count down to 2015: maternal, newborn and child survival’ was released at the ongoing Women Deliver global conference that has attracted 5000 participants from 145 countries to the Malaysian capital Kuala Lumpur.

The participants include representatives of international Development Agencies, funding organisations, philanthropists, government representations, NGOs and Media. They are meeting to share best practices, identify opportunities and challenges to improving maternal health and universal access to reproductive health and rights.

The report is an update on the situation in by 2013 features country profiles featuring core indicators selected by the Commission on information and accountability for women and children’s health.

The count down to 2015 is a global movement of academics, governments, international agencies, professional organizations, donors and NGOs. It uses country specific data to track stimulate and support country progress towards achieving the child related development goals especially MDG 4 on reduced child mortality and 5 on improving maternal health.

It pointed out that maternal and child mortality has been dropping over the past two decades globally, but in some countries particularly in Sub-Saharan Africa where fertility remains high, progress has been slower. It said that child deaths are increasingly concentrated in the first month of life. New born deaths now account for 40% or more of all child deaths in 35 of the countdown countries.

“These countries must be prioritized for collective global, regional and national action,” the report said…,” it said of maternal health. “Improving newborn survival, including reducing still births, must be a major focus of policies and programmes,” it added for the child deaths.

It said that under-nutrition coupled with infectious diseases contributed to almost half of all child deaths. Levels of stunting which is a form of growth failure resulting from chronic under-nutrition remain unacceptably high in virtually all the 75 countries.

The report also asked that nutrition must continue to be emphasized as an essential ingredient of maternal, new born and child programmes,” it said. It also called for more efforts to deal with the high fertility levels and the unmet need for family planning.

“Significant challenges remain before us. High population growth remains a looming obstacle to progress in countries where health systems are least equipped to respond to escalations in demand, and pervasive inequities must be addressed if we are to fulfill the promise of MDG 4 and 5 for millions of women and children…,” it stated.

But it said that it is a report of hope showing some successes which show that commitment, investment and coordinated action can yield concrete results. It asked others to learn from the success stories.

Uganda’s maternal mortality ratio has been reducing from 600 in 1990 to 530 in 2000 and by 2010 was at 310. In East Africa its rate of reduction is behind Rwanda’s which reduced at a rate of 8.7% between 2000 and 2010.

It was followed by Tanzania with a 4.6 decline rate, Kenya with a 2.9% decline rate and Burundi whose maternal mortality reduced at a 2.6% rate in the past decade.

3 June 2013

http://www.newvision.co.ug/news/643503-uganda-s-maternal-death-reduces-who-report.html

Filed under: Accountability,Africa,Capacity building,Commitments,Human Rights,ICPD,Mother And Child,South Africa,SRHR,Women and girls — June 10, 2013 @ 10:23 am

Adolescent girls critical to post-2015 agenda

Pregnant women paint their bellies before an event to celebrate "Healthy Maternity Week" in Lima May 30, 2013. REUTERS/Enrique Castro-Mendivil

UN Women staked an important claim this month in the turf war that is the post-2015 development agenda. Its contribution, a note titled, “Stand-Alone Goal on Achieving Gender Equality, Women’s Rights and Women’s Empowerment: Imperatives and Key Components in the context of the Post-2015 Framework and Sustainable Development Goals,” is a great start.  But it doesn’t go far enough.

Those of us who advocated for a higher-profile and more consolidated UN agency to lead efforts related to gender equality and women’s empowerment hoped that UN Women would not only be taken seriously, but that it would also be a bold and envelope-pushing entity in the global development arena. With Michele Bachelet’s initial leadership, the agency was indeed taken seriously. And sometimes, under her leadership, it was bold.  Now, as the international community sets the development agenda for the coming decades, and as it looks to UN Women to lead the discussion of where women and girls fit in that agenda, it’s time to push that envelope.

In the note that’s not yet publicly available but that has been making its way through various networks, UN Women argues for both a stand-alone goal to achieve gender equality, women’s rights and women’s empowerment and for the integration of gender considerations throughout and across all other goals, as relevant. This is a smart strategy. On the one hand, because integration alone is not sufficient to provide the level of attention we need to ensure gender equality, we still need a specific goal with specific targets and indicators by which to measure progress.  And on the other, we know that gender issues must be specifically identified and addressed across all development efforts if they are to be successful.

UN Women identifies freedom from violence, gender equality in capabilities and resources, and gender equality in decision-making power and voice as the three core areas of focus.  They proceed to explain these targets in greater detail and even provide illustrative indicators which they indicate are “designed to measure progress towards transformative change in gender relations.” A good and aspirational first step. But as a community of women’s rights advocates, we need to not just step, but leap.

UN Women notes that the proposed indicators for the three target areas are based on internationally agreed standards, and for a UN agency, this is standard procedure – they’re not going to extend far beyond the boundaries of what their member states have agreed to (that’s why advocates are needed).  But even within these self-imposed guidelines, there is room to demand more.

Adolescent girls, often highly vulnerable and overlooked in international development spheres, are only called out in relation to violence and education. There’s no mention of the needs of adolescent girls to access health information and services, no mention of their reproductive rights, and conspicuously absent is child marriage, a human rights violation which more than 14 million girls are newly subject to each year. Working towards ending the harmful practice should be indicated as a distinct target in this and other relevant development goals, as it profoundly impacts a community’s ability to transform gender roles and hobbles development progress.

Where UN Women does specify age groups, they mention only those “over 15 years old,” leaving out very young adolescent girls altogether. True, most data collected for national and international surveys, such as the Demographic and Health Surveys, start with girls aged 15 or even 18, but if we are looking at ways to truly “transform” international development and women’s lives for the next generation, we need to identify as a priority the need to collect data in order to better understand the reality of very young adolescents’ lives – and how that reality can impact the course of their adult lives.

Finally, sexual health and rights are left off the table altogether.  Since its creation, UN Women has largely deferred to UNFPA on issues of sexual and reproductive health and rights (SRHR), though its conciliatory statements about these issues at the start of this year’s Commission on the Status of Women placed SRHR advocates, including many governments, on their heels.

We cannot achieve gender equality and women’s rights unless all individuals, regardless of age, gender, or where they live, have not only the right, but also the ability, to make informed decisions about their bodies, their sexual partners and their relationships, free from violence, discrimination and coercion.

As we proceed through the next phases of the post-2015 development agenda, all advocates of gender equality, women’s rights and women’s empowerment, including UN Women, should stand boldly and press forward courageously to ensure that the full and comprehensive needs and rights of both women and girls around the world are taken seriously.

 

31 May 2013
By Suzanne Petroni
http://www.trust.org/item/20130531140410-vgxie/

Filed under: Accountability,Capacity building,Children,Civil Society,Human Rights,ICPD,LGBT,Mother And Child,News,SRHR,Women and girls,youth — June 6, 2013 @ 9:15 am

Facebook Vows To Crack Down On Rape Joke Pages After Successful Protest, Boycott

An example such a rape joke on Facebook.

In what amounts to a big win for advocates working against online domestic abuse jokes and references, Facebook has said it will try to crack down on pages that include hate speech, particularly “gender-based hate.”

The social media giant released a statement to that effect Tuesday afternoon, following a wave of online advocacy spearheaded by the groups Women, Action and the Media (WAM!) and the Everyday Sexism project.

 

While there have been protests against similar Facebook groups in the past, the latest campaign against so-called “rape joke” pages began on May 21, 2013, when WAM! wrote an open letter to Facebook, demanding the company address rape and domestic violence references on its site.

“Specifically, we are referring to groups, pages and images that explicitly condone or encourage rape or domestic violence or suggest that they are something to laugh or boast about,” the letter read. “Pages currently appearing on Facebook include Fly Kicking Sluts in the Uterus, Kicking your Girlfriend in the Fanny because she won’t make you a Sandwich, Violently Raping Your Friend Just for Laughs, Raping your Girlfriend and many, many more.”

Following the online publication of the letter, 15 companies agreed to pull their ads from the site. A separate Change.org petition calling on Facebook to remove groups that promote sexual violence was signed by more than 224,000 people.

Originally, Facebook claimed that much of the content referenced by WAM! did not technically violate its current policies, according to ThinkProgress, which noted the site has proven much more aggressive when it comes to screening anti-Semitic, Islamophobic or homophobic references. (In addition, Facebook has often been criticized by breastfeeding proponents who claim the site incorrectly blocks nursing photos.)

However, the site appears to have rethought that original position, according to a statement posted Tuesday. The statement reads, in part:

In recent days, it has become clear that our systems to identify and remove hate speech have failed to work as effectively as we would like, particularly around issues of gender-based hate. In some cases, content is not being removed as quickly as we want. In other cases, content that should be removed has not been or has been evaluated using outdated criteria. We have been working over the past several months to improve our systems to respond to reports of violations, but the guidelines used by these systems have failed to capture all the content that violates our standards. We need to do better – and we will.

The statement also details a series of steps the company plans to take in order to accomplish these goals. The steps include updating the guidelines used to evaluate reported hate speech, updating training procedures for staff, increasing the accountability of those who post offensive speech — even if it does not violate Facebook standards — and working closely with groups like WAM! to “assure expedited treatment of content they believe violate our standards.”

WAM! later praised Facebook’s statement on its own website, calling the site an Internet leader for addressing hate speech.

“We are reaching an international tipping point in attitudes towards rape and violence against women,” WAM! executive director Jaclyn Friedman wrote. “We hope that this effort stands as a testament to the power of collaborative action.”

Soraya Chemaly, a feminist writer, advocate and co-author of the “Open Letter to Facebook” last week, took to Twitter to express her approval as well.

 

By Meredith Bennett-Smith

29 May 2013

http://www.huffingtonpost.com/2013/05/29/facebook-rape-jokes-protest_n_3349319.html

Filed under: Accountability,Africa,Capacity building,Civil Society,Commitments,Human Rights,News,Women and girls — June 3, 2013 @ 10:54 am

Nigeria MPs outlaw gay marriage.

31 May 2013

Nigerian lawmakers approved Thursday a bill to outlaw gay marriage and crack down on gay rights, including criminalising public displays of affection between same-sex couples.

The House of Representatives unanimously approved the bill which provides for jail terms of up to 14 years for gay marriage.

A gay rights bill has already been approved by the Senate but it was not immediately clear if the laws were identical.

If there are no differences between the two, the bill will now go to the president for his approval.

Under the bill, “persons that entered into a same-gender marriage or civil union contract commit an offence and are jointly liable on conviction to a term of 14 years imprisonment each.”

It also says “any person who registers, operates or participates in gay clubs, societies and organisations or directly or indirectly makes a public show of same-sex amorous relationship commits an offence and shall be liable to a term of 10 years imprisonment.”

Beyond concerns about gay rights in Africa’s most populous nation, some have also questioned whether funding channelled through non-governmental organisations in Nigeria for AIDS treatment would be put in jeopardy by the bill.

http://news.iafrica.com/worldnews/862340.html

Filed under: Accountability,Africa,Capacity building,governance,Human Rights,ICPD,LGBT,News,Sexual Diversity,SRHR,Transgender,Women and girls,youth — May 31, 2013 @ 11:44 am

Uganda to benefit from multi-million dollar campaign

Health minister Dr. Ruhakana Rugunda

By Anne Mugisa and Cathy Mwesigwa in Kuala Lumpur

28 May 2013

Uganda will be the first African country to benefit from a new multi-million dollar global campaign to increase demand for family planning services and information.

The new campaign dubbed, “It takes two” was announced on the first day of the 3rd Women Deliver Global conference on girls’ and women’s rights in Kuala Lumpur, Malaysia.

Over 5000 delegates from international Development Agencies, funding organisations, philanthropists, government representations, NGOs and Media are in Kuala Lumpur to share best practices, identify opportunities and challenges to improving maternal health and universal access to reproductive health and rights.

The campaign, a partnership between the Global Poverty Project and Women Deliver recently launched in the USA and will start in Uganda in a few months. It aims at raising awareness of, increasing demand for and improving access to family planning services and information.

The two organisations will work with other partners in the campaign which aims to motivate young women and men to demand for family planning information and services.

Three out of ten women in Uganda who need to stop or space their next pregnancy are not using any contraception. There are about 700,000 unwanted pregnancies in Uganda every year.

According to Dr. Jotham Musinguzi, Africa Regional Director, Partners in Population and Development, Uganda needs a total of US$20m annually for its contraception needs.

“Currently Uganda is spending about US$10m annually. The presidential pledge made at the London Summit on Family Planning will reduce the shortfall,” he says.

President Yoweri  Museveni  at the 2012 London Summit on Family Planning  pledged to provide an additional  US$5m annually for reproductive health supplies. Museveni’s pledge will be included in the budget starting the next budget.

After Uganda, the campaign will be gradually spread out to other countries which include Kenya, Tanzania, Rwanda, Zambia, Malawi, Mozambique and South Africa among other countries.

“We don’t want governments to forget commitments they made in 2012. We want to remind the people of their government’s commitments,” said Jill Sheffield, the president, Women Deliver.

Globally 222 million poor women lack family planning services. The target is to reduce that number by 120 million by 2020. The annual global budget for contraception stands at US$8.1bn and at the moment only US$2.6bn has been committed.

The campaigners also want to hold the US to contribute US$1bn annually until 2020.

At the same conference, development experts and researchers warned that there is a connection between denial of women’s reproductive health rights and violence, political instability and extremism. The experts quoted several studies which they said pointed out the danger of denied reproductive health rights.

The absence of reproductive health services, they said lead to large pools of unplanned populations that are ill prepared for development and have to fight for the limited resources. They said that girls are often left out of the picture when issues including health are discussed which leads to omission of some of the vital services like reproductive health services that have a serious impact on society.

As a result, the vicious cycle of poverty continues yet it can be broken by the simple interventions like planned spaced families.

According to Dr. Musinguzi, investment in family planning would save countries a lot in costs of direct and indirect consequences. For example, he said, investment of US$1 in family planning would save the country loss of US$4 in dealing with the consequences of lack of the service.

The experts called on governments and societies to deal with harmful practices and beliefs that impede access and provision of family planning services.

“We need to work for changes that end gross injustices that perpetuate inequalities. Investing in girls and women is the smart thing to do. We need to look at the women’s reproductive and sexual health” Lakshmi Puri, deputy executive director of UNWOMEN said.

Speaking at the opening forum, Jeni Klugman, the World Bank Director, Gender and Development, Poverty Reduction and Economic Management observed that gender gaps have narrowed during the last century. More girls are getting into schools and completing primary education, more women are getting into positions of leadership, however challenges still persist which the experts attribute to lack of prioritisation of women’s family planning and other rights.

“Women labour force participation has grown by only 1% in 30 years, earning disparities persist and are hurting women and their families and so does their lack of voice in household matters,” she said.

She noted that poor reproductive health contributes to the challenge which in turn impacts national and global development.

Klugman said that gender equality and reproductive health are linked and that they have a correlation with high maternal and child deaths and affect future generations.

http://www.newvision.co.ug/news/643288-uganda-to-benefit-from-multi-million-dollar-campaign.html

Filed under: Accountability,Africa,Capacity building,Civil Society,Commitments,Conferences,governance,Human Rights,ICPD,Mother And Child,News,SRHR,Women and girls,youth — May 30, 2013 @ 11:08 am

Child sex law ruling expected.

27 May 2013

CAPE TOWN – The Constitutional Court will decide this week whether to uphold a lower court’s finding that provisions in the Sexual Offences Act criminalise many children who have consensual sex.

The applicants in the matter, the Teddy Bear Clinic and Resources Aimed at the Prevention of Child Abuse and Neglect, said on Monday they hoped the court would take all their arguments into account.

“We feel that targeting children and their consensual sexual behaviour in that criminalisation way is the wrong response,” the applicants’ attorney Carina du Toit told reporters.

“The right response is education programmes and for the school, teachers, and parents to deal with it, rather than the criminal justice system.”

The applicants launched a constitutional challenge against some provisions of the act in the High Court in Pretoria in December 2010. The matter was heard on April 23 and 24 last year.

A ruling was made against Justice Minister Jeff Radebe and the National Director of Public Prosecutions on January 15 this year.

High Court Judge Pierre Rabie found the consensual sexual activities mentioned in the act were of a wide range of acts that children engaging in ordinary sexual exploration, such as “French” kissing, would commonly perform.

He held that criminalisation would constitute an unjustified intrusion of control into the private sphere of children’s personal relationships, in a manner that would cause them severe harm.

The act, as it stands, has criminal implications for children between the ages of 12 and 16 who engage in consensual sexual activities.

Any individual who has knowledge of these acts, such as a parent, health worker, or teacher, is required by law to report the children or face prosecution.

The children, if found guilty, would have their names included on the National Sex Offenders Register.

The Women’s Legal Centre (WLC), a friend of the court, said the application was about protecting the rights of children to dignity, privacy and freedom, and access to health services.

WLC attorney Sanja Bornman said on Monday that the provisions had indirect and unforeseen consequences, specifically for girls.

She said some girls of the relevant age could consent to kissing their boyfriend of a similar age, but not to full sexual intercourse.

“In the course of reporting a rape case, the girl essentially has to admit that she is guilty of a section 16 offence and this means that a young girl can go from being a complainant to a perpetrator,” she said.

In these sexual cases consent could very often not be proved because there was only one witness, or there was a lack of evidence, she said.

“This has the implication that fewer girls will want to report these kind of incidents to the police.”

The applicants also believed that fewer children would seek out health services, such as HIV testing, because they feared disclosure of certain sexual circumstances would lead to reprisal.

Du Toit said the State argued it had discretion on whether or not to prosecute children under these acts and would, in most cases, decide not to.

The applicants argued there was no indication as to how this discretion would be exercised and no guidance on what constituted permissible adolescent sexual development.

The State also argued that where a child was prosecuted, diversion would frequently occur, rather than conviction and sentencing, which resulted in a criminal record.

Du Toit said diversion still resulted in harmful and traumatic consequences for children because they would have frequent exposure to the criminal justice system through police and courts.

The applicants emphasised the application was not about justifying adult sexual engagement with children, challenging the criminalisation of non-consensual sexual crimes between children, or lowering the age of consent for children.

It was also not about promoting or encouraging sexual activity between adolescents.

The Constitutional Court would announce its decision on whether to confirm the declaration of unconstitutionality on Thursday.

-By Sapa

http://www.enca.com/south-africa/child-sex-law-ruling-expected

Filed under: Accountability,Africa,Capacity building,Children,Civil Society,governance,Human Rights,SRHR,youth — May 29, 2013 @ 10:25 am

Uganda’s Anti-Pornography Bill: “If a Woman Wears a Miniskirt, We Will Arrest Her”

With its vague and broad definition of ‘pornography’, Uganda’s proposed Anti-Pornography Bill could curb a range of individual rights and freedoms.

Within a inch of the law in Kampala: under the Anti-Pornography Bill, "anything above the knee is outlawed", according to Simon Lokodo, Uganda’s Ethics and Integrity Minister. Photograph Gabriel White.

Kampala, Uganda:

Uganda has hit the international headlines once again recently following the re-tabling in parliament of a proposed Anti-Pornography Bill. Just months after MP David Bahati’s Anti-Homosexuality Bill – referred to by many as the ‘Kill the Gays’ Bill – attracted international attention and much condemnation, the Anti-Pornography Bill has now generated another storm of controversy in Uganda and beyond.

If passed, the Anti-Pornography Bill would cover a range of practices and activities, but much of the outrage and debate has come to be centred on one particular issue: the miniskirt.

The Bill laid bare

The Anti-Pornography Bill is purportedly a reaction to an “increase in pornographic materials in the Ugandan mass media and nude dancing in the entertainment world”. Its provisions would aim to “equip the country with a better law to tackle the insidious social problem of pornography”.

What exactly constitutes pornography, however, has long been a point of contention around the world. In a case in the US Supreme Court in 1964 regarding the proposed banning of a film for obscenity, Justice Potter Stewart famously declined to define pornography, instead saying “I know it when I see it”. His remark reflected the subjective and changeable nature of different societies may deem to be pornography. Unlike Stewart, Uganda’s Anti-Pornography Bill does put forward a definition of pornography. But, ironically, this definition does not seem to iron out ambiguities but rather embraces vagueness. Furthermore, the Bill’s understanding of pornography is so broad as to extend it from something seen on our screens to something seen on our streets.

The Bill defines pornography as “Any cultural practice, form of behavior or form of communication…or leisure activity…that depicts a person engaged in explicit sexual activities or conduct…erotic behavior intended to cause sexual excitement or indecent act or behavior intended to corrupt morals”.

This leaves as much unsaid as it says and could restrict a range of practices and activities, including the wearing of certain items of clothing. Indeed, Simon Lokodo, Uganda’s Ethics and Integrity Minister and the main figure behind the Bill, has clarified: “Any attire which exposes intimate parts of the human body, especially areas that are of erotic function, are outlawed. Anything above the knee is outlawed. If a woman wears a miniskirt, we will arrest her.”

If passed, the Bill could also prohibit the broadcasting of ‘risqué’ musical performances by Western singers such as Beyoncé and Madonna, and allow officials to monitor and establish stricter controls on internet usage.

Anyone falling foul of the pornography bill would stand to face a fine of 10 million Ugandan shillings (nearly $4000), up to 10 years in jail, or both.

Hands off our freedoms

The Bill has received support from some sectors of Ugandan society, such as certain religious groups. Pastor Omelem Paul, who leads a church in Kampala, for example, has high hopes the bill will be passed, saying “it is high time sanity is restored”.

However, it has also drawn strong criticism. To begin with, many disagree with the way in which arguments for restricting clothing seem to spread the blame for sexual violence between both perpetrators and their victims. “An onlooker is moved to attack [a woman wearing provocative clothing]”, Lokodo has said, “He is a criminal but he was also provoked and enticed”.

Many Ugandans also fear a turn towards greater patriarchy, saying that the Bill harks back to the time of Idi Amin when control over female bodies was a hallmark of the regime. Furthermore, some claim the government has no place in legislating on personal choices, freedoms and morals.

“Abolishing miniskirts is not an issue to be discussed in parliament”, Alex Makuyi, a youth chairman from eastern Uganda and a student of law at Kampala International University told Think Africa Press. “These are moral issues which need to be discussed in homes and religious places; the minister should preach this in churches. I think the bill should be abolished because it trespasses the freedom of people.”

Skirting around the real issues

While many are debating the details of the Bill and its repercussions, however, there have also been attempts to understand the intentions behind the Bill. And like with the Anti-Homosexuality Bill, some analysts believe there may be political – rather than just social or moral – motives underlying its discussion.

“They are just passing time because I think they lack things to do in that House,” said singer Moses Ssali. “There are things you can’t afford to discuss in a Third World country which still has roads and hospitals to fix, which has teachers to pay and which has MPs’ morals to put right.”

Similarly, Makuyi commented, “In a country that faces humiliating poverty, gross corruptions, poor roads, bad hospitals and a lousy education system, MPs need to find better ways to spend their time instead of discussing how to abolish miniskirts in the country”.

Meanwhile, Namutebi Sarah*, a leader of a group of sex workers in one of the Kampala suburbs whose livelihood could be significantly affected by the Bill, insisted, “The government should find other ways of impacting good morals in people; they should solve the problem of unemployment because some of us are in this business due to a lack of good-earning jobs”.

While the Bill awaits a final ruling in Uganda’s parliament, those opposing the Bill are trying to make their voices heard. Popular bars and clubs in Kampala have been organising parties to preserve the miniskirt, for example, with some holding “Save the mini-skirt” parties in which girls wearing miniskirts get free cocktails. On the Twitter meanwhile, many Ugandans have been tweeting with the hashtag #SaveMiniSkirt.

With ample support on both sides, it may be too early to speak decisively on the fate of the Bill. But what seems clear is that those opposed to the Bill will not take the potential removal of their freedoms without a fight.

*This name has been changed to protect her identity.

22 April 2013

By Nangayi Guyson

http://www.thinkafricapress.com/uganda/ugandas-anti-pornography-bill-if-woman-wears-miniskirt-we-will-arrest-her

Filed under: Accountability,Africa,Capacity building,governance,Human Rights,News,Women and girls,youth — May 27, 2013 @ 1:23 pm

Zambia: Stop Prosecuting People for Homosexuality – Drop Charges, Cease Invasive Exams, Protect Rights of Accused.

Nairobi — Zambian authorities should dismiss all charges and release two men arrested for engaging in homosexual acts, Human Rights Watch said. The police should immediately cease forensic anal examinations, which are intrusive, invasive and constitute cruel, inhuman, and degrading treatment in violation of international law.

On May 6, 2013, police in the Kapiri Mposhi district in central Zambia arrested James Mwansa and Phillip Mubiana in response to reports from neighbors that the two were engaging in homosexual acts. Both men were subjected to anal examinations without their consent by forensic doctors at the Kapiri Mposhi District Hospital, as part of the police investigation. On May 8, the district magistrate formally charged Mwansa and Mubiana, and denied their request for a postponement even though they had no legal representation.

“It’s bad enough that Zambia wants to prosecute these two men for homosexual acts, but to subject them to invasive examinations is just outrageous,” said Monica Tabengwa, researcher in the Lesbian, Gay, Bisexual, and Transgender (LGBT) Rights Program at Human Rights Watch. “The authorities should immediately drop the charges and free them, and stop bringing such cases.”

The arrest, detention, and prosecution of men suspected of homosexual acts is only one aspect of a looming human rights crisis for LGBT people in Zambia. Since April, politicians, religious, and community leaders have been carrying out vicious campaigns to vilify LGBT people, Human Rights Watch said.

Juliet Mphande, director of Lusaka-based LGBT organization Friends of Rainka, told Human Rights Watch that Mwansa and Mubiana, both 21, were coerced to confess to the allegations and have been deprived of adequate food and water in detention.

This is the second time the men have been arrested on similar charges, Human Rights Watch said. In April,the two men were arrested and detained for a week before being released on bail on a charge of engaging in “carnal knowledge against the order of nature,” as set out in the Zambian Penal Code.

The Zambian government is obligated under international law and its own constitution to respect the private lives and personal liberties of everyone in the country, and to cease prosecuting people for consensual adult sex, Human Rights Watch said.

Forensic anal examinations are used on suspected homosexuals in various countries to prove “habitual” anal penetration, Human Rights Watch said. The tests are intrusive, invasive, and abusive, and they violate the individual’s rights to integrity, dignity, and privacy. They are a cruel, inhuman, and degrading treatment that may amount to torture, violating the African Charter on Human and Peoples’ Rights, the Convention Against Torture, and the International Covenant on Civil and Political Rights, all of which Zambia has ratified.

The examinations have no forensic or evidentiary value for consensual homosexual acts. They are contrary to medical ethics as laid out by the World Medical Association and the United Nations Principles of Medical Ethics Relevant to the Role of Health Personnel, Particularly Physicians, in the Protection of Prisoners and Detainees Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.

Principle 4 of the UN principles states:

It is a contravention of medical ethics for health personnel, particularly physicians… to apply their knowledge and skills in order to assist in the interrogation of prisoners and detainees in a manner that may adversely affect the physical or mental health or condition of such prisoners or detainees and which is not in accordance with the relevant international instruments.

“Medical professionals participate in a miscarriage of justice when they subject people arrested for homosexuality to anal examinations,” Tabengwa said. “These invasive procedures are painful and humiliating and can be a form of torture. They should be banned immediately and evidence obtained should be declared inadmissible.”

The Zambian government should respect its own constitutional provisions guaranteeing non-discrimination and equality before the law by ordering an immediate halt to arrests and prosecutions based on suspicion of homosexual conduct. As part of its obligation to protect and promote human rights for all, the government should also repeal all laws criminalizing consensual sexual sex between adults, including Penal Code sections 155 (“Unnatural Offences”), 156 (“attempt to commit unnatural offences”), and 158(“indecent practices between persons of the same sex”), Human Rights Watch said. These provisions provide maximum penalties from 5 years to life in prison.

The recent efforts in Zambia to vilify LGBT people have publicly portrayed homosexuality as immoral and un-African. The government’s unwillingness to assert constitutional protections and ensure redress for discrimination and abuse of minorities, as well as the arbitrary arrest and prosecution of individuals suspected of homosexual acts, show the vulnerability of the country’s LGBT community.

On April 10, on Radio Phoenix, on a live radio panel discussion among religious leaders led by the former Orthodox Bishop Edward Chomba, another religious leader suggested that the most appropriate way to deal with gay people was death. The minister of youth and sports, Chishimba Kambwili, called in during the program and said defenders of the rights of LGBT people were “agents of the devil.” He also said that the Zambian government will be “introducing stiffer penalties against homosexuality,” instead of repealing the existing laws.

A police spokeswoman, Elizabeth Kanjela, told the media that homosexuality was a serious offense and appealed to the public to report anyone involved to the police. This statement followed a news report involving the attempt of four gay couples to register marriages during the Easter holidays. Same-sex marriage is an offense under Zambian law. The attempt to register same-sex-marriages provoked an outcry from several traditional and religious leaders who wrote a letter to the Daily Mail newspaper calling for “gays to be caged.” The LGBT community has never raised same-sex marriage as a priority in Zambia.

When the human rights defender Paul Kasokomona appeared on Muvi TV on April 6 to discuss LGBT and HIV issues, he was arrested as he left the television station. He was denied bail for five days, then finally released on April 11. He was charged with “soliciting in a public place for immoral purposes” and faces a court appearance on May 22. If convicted, Kasokomona may be imprisoned for one month or fined.

“The Zambian government should take immediate action against government officials who make discriminatory statements against LGBT people, or arrest or detain them,” Tabengwa said. “The attacks on LGBT people need to stop.”

 

20 May 2013

by Human Rights Watch

http://allafrica.com/stories/201305200305.html?viewall=1

 

Filed under: Accountability,Capacity building — May 24, 2013 @ 10:27 am

Older Posts »