Impunity Watch: Special Features

HIV, Gender Inequality, and Zambia

By Gabie Hart

HIV is a horrific virus which infects people in all areas of the world. UNAIDS is committed to stopping and reversing the spreading of HIV. It has been noted that gender inequality contributes to the spreading of HIV. In many countries where women are not independent from their male counterparts and where it is normal for males to have multiple sexual partners, women are at a higher risk of becoming infected. This is partly due to the gender roles in particular countries or areas of the world where women are unable to advocate for safer-sex or even access to proper treatment once discovering the virus.

Most recently, Human Rights Watch (HRW) released a report Hidden in the Mealie Meal: Gender-Based Abuses and Women’s HIV Treatment in Zambia alleging the failing of the Zambian Government in addressing the needs of women who are infected with HIV.

The report reveals that 17% of the adult population in Zambia is infected with HIV, with women make up 57% of that figure.

The HRW report was compiled after 83 infected women were interviewed one-on-one. The findings of the report show that some women who are infected with HIV are finding themselves faced with gender-based violence and unequal access to property rights.

This is preventing some women from having access to a life-saving antiretroviral treatment. For example, women who find out they are infected with HIV may in some instances be too scared to tell their partner or spouse that they are infected with the virus. This is due in part to their being scared of becoming victim to physical abuse at the hands of their partner or spouse. For those women who are married, many fear that their husband will divorce them, leaving them with little property.

Upon divorce women do not appear to have equal property rights; which creates a conflict. This conflict stems from the woman not being able to sustain herself financially, which may leave her unable to find transportation to the hospitals or clinics where she receives treatment, or she may not be able to afford treatment at all. This may have a potentially fatal result for someone who due to their health condition needs medication

Human Rights Watch has called on the Zambian Government to “enact and enforce legislation on sexual and gender-based violence and to ensure that the new constitution fully protects women’s rights to equality” and “establish systems to enable healthcare providers, including HIV treatment providers, to respond to gender-based abuses.”

The spread of HIV and the gender inequality in Zambia make it clear that fundamental changes need to be made at all levels of Zambian society in order to stop HIV from spreading and to ensure that those who have already contracted HIV are able to receive the proper medical treatment. The same is true in other countries where the spreading of HIV poses a similar risk to women. Fundamental changes need to be made and the world needs to be educated on the ways HIV can spread and the medical treatment which may be required once the virus is contracted.

Sources:

Human Rights Watch—Hidden in the Mealie Meal
Gender-Based Abuses and Women’s HIV Treatment in Zambia—December 2007.

Human Rights Watch—Zambia: Abuses Against Women Obstruct HIV Treatment—18 December 2007.

UNAIDS—Gender.

The Prevalence of Human Trafficking in South Asia and Southeast Asia

By Gabie Hart

As the world attempts to create awareness of human trafficking and attempts to stop perpetrators from acting in such cruel and inhuman ways, human trafficking appears to be on the rise in Southeast Asia. Six countries, Thailand, Vietnam, China, Cambodia, Laos, and Myanmar, first met in 2004 to sit down and come up with a strategy to deal with the ever-growing issue of human trafficking.

This past week, those same six countries sat down to attempt to come up with an agreement that would prevent the occurrence of human trafficking in that region.

In Southeast Asia, China appears to have the highest number of incidences, or at least the highest number of reported incidences of human trafficking; since 2,500 cases of human trafficking were uncovered last year, with most of those being committed by crime gangs. Recently, it has been reported that China has made progress in fighting human trafficking. China, however, is now reaching out for assistance in combating this issue from other nations and regions.

Southeast Asia, as an overall region, is said to have the highest prevalence of human trafficking in the world. South Asia is right up there with Southeast Asia, reporting the second highest number of human trafficking incidences.

In South Asia, India appears to be where most incidents begin. Often organized crime plays a part in women and children being trafficked within the country and from nearby Nepal and Bangladesh. What happens is, women and children are often promised a brighter future – “a job, a marriage, or placement in the entertainment industry” – and instead find themselves either forced into the sex trade or performing forced labor.

Women appear to be more susceptible to such inhumane conditions due to several different factors. The gross disparities, which exist between men and women, contribute to women being particularly vulnerable to becoming victims of trafficking. Due to these disparities, when opportunities arise where women believe they can make a better life for themselves or their families, many women feel as though they have nothing to lose and take the opportunity. Unfortunately, some women find themselves the targets and victims of human trafficking.

It appears that nations are aware of what is going on in their own countries, and are reaching out to each other, looking for a way to prevent the trafficking of people. Recently, the UN launched a global campaign to help bring about an end to human trafficking. Hopefully, the culmination of increased awareness and efforts by governments and nations to implement harsher punishments for perpetrators will help prevent human trafficking.

Sources

BBC News, Sanjoy Majumder – UN Seeks End to Human Trafficking – 10 October 2007.

International Herald Tribune, Associated Press – Report Says Human Trafficking A Growing Problem in China and Southeast Asia – 14 December 2007.

Washington Post, Reuters – China Claims Progress Fighting Human Trafficking – 12 December 2007.

Small Medicine

By: Lara Sewers

The Clinton foundation gave Kenya a blank check to purchase medicine for children with HIV this week. This is perhaps a start to address the issue of lack of adequate medication for children in the developing world, especially those who are HIV positive. In Kenya alone, the cost of drug treatment for HIV positive children is around 2 billion dollars annually; without including the costs of administration, medical assistance, and educational campaigns. Kenya has around 120,000 children infected with the virus. Only a fraction of those, are able to receive any treatment at all.

Despite the large number of children infected with the HIV virus and other illnesses adequate medicine is largely unavailable in the developing world mostly because they are substantially more expensive than adult medicine. Costs of adult medicine are less given the competitiveness in the market that has led to lower prices overall. Few drug manufacturers in the children’s market have prevented this same decrease in prices for children’s medication and consequently have rendered treatment out of reach for millions of children around the world.

According to the World Health Organization, about 60 essential medicines are still not available in formulations appropriate for children consumption. Children with HIV have to take at least 12 pills per day and most of them in tablets with terrible taste and which are hard to swallow for small children. The WHO is inviting member governments to contribute to a fund that would initiate the development of a children’s drug fund in hopes of promoting the availability of appropriate drugs and to highlight the need to pay more attention to children’s needs overall.

Developing children’s medication is a complicated business. Children metabolize drugs in a different way than adults and the cost of developing adequate medication is three times more than that for adult medication. Still, acknowledging this difficulty, the WHO has identified a number of medications already in the market that are adequate to treat a number of illnesses from malaria, tuberculosis, to HIV but are still not made readily available to children in need. This is despite the fact that 40% of malaria cases affect children.

The lack of attention paid to children’s health needs is not a problem exclusive to the developing world. Even in Europe less than half of the medication routinely administered to children has been approved for their use. This is especially true for drug treatment for diseases that are less common. Some rich countries have taken initiative and have started to take children’s needs into account when certifying new drugs for the market. America’s Best Pharmaceuticals for Children Act, passed in 2002, requires the Food and Drug administration to take into account children’s medical needs when certifying drugs. However, this is only one of many initiatives needed to boost the production of children’s medication worldwide. The WHO’s new initiative seeks to set aside funding to aid the research and development of new medications fit for child treatment in recognition of the pressing need for children’s drugs but also in an underlying effort to place more attention on their rights.

Private firms, more concerned about liability for marketing new drugs, especially in the absence of adequate children’s testing that requires informed consent (which is especially hard to get), are deterred from entering the market and doing the adequate research. The WHO hopes that by investing public funds into the research necessary, private corporations will be shamed into doing the same and governments will create a more conducive atmosphere for these activities.

For more information:

The Economist print edition, When a spoonful of sugar won’t do, (Dec. 8, 2007).

AllAfrica.com, Kenya: Country Gets Blank Cheque to Treat HIV+ Children, (Dec. 12, 2007).

Chad: Bringing Another African Dictator to Justice

by: D. Pandian

Hissene Habré held the position of President of Chad from 1982 to 1990.  He is currently being faced with charges of war crimes, crimes against humanity and torture related to his time in power.

Habré was born to ethnic Toubou herders.  Due to his excellence in academics, Habré was noticed by a French military commander who arranged for Habré to study in France.  On returning to Chad, Habré was sent to persuade two rebel chiefs to lay down their arms, but in a turn of events ended up joining them. During his time as a major rebel group leader Habré helped to orchestrate a hostage situation in 1974.  Among the hostages was Francoise Claustre, a French ethnologist and the wife of a highly ranked French official.  Despite his involvement in this hostage crisis, the French government supported his seizing power from the elected President in 1982.

Habré’s seizure of power came at a time when Libyan forces, lead by Colonel Qaddafi, were attempting to take over northern Chad.  Through the extensive financial and technical assistance of CIA and French government, Habré pushed back Libyan forces by 1983.

It was also during this time that the gross abuse of human rights began under Habré.  Ethnic groups seen as a opposed to Habré were systematically targeted during his time in power: the Sara in 1984, the Hadjerai in 1987, and Chadian Arabs and the Zaghawa in 1989-90.

After being removed from power in 1990, Habré fled to Senegal.  A Truth Commission organized in 1992 estimated that Habré’s regime had carried out 40,000 politically motivated murders and 200,000 cases of torture in the eight years he was in power.  Many of these incidents were orchestrated by Habré’s political police force, the Documentation and Security Directorate (DDS).  This group answered directly to Habré and all directors of the organization came from Habré’s ethnic group.  Part of the case against Habré has been formed by the extensive documentation of activities left by this organization.

Survivors of torture under Habré’s regime have been trying to bring him to justice ever since he fled the country in 1990.  Through cooperation with Human Rights Watch, survivors built a case against Habré that included the accounts of killings and tortures of hundreds.  Efforts to bring Habré to justice were thwarted for a long time.  Initially, a Senegalese court refused to put Habré on trial claiming a lack of jurisdiction.  Due to mounting pressure, the Senegalese President Abdoulaye Wade gave Habré a month to leave the Senegal; however, due to the fear that Habré might flee to a country where he would be safe from prosecution, the UN convinced Wade to prevent Habré from leaving its territory at all.

Victims of Habré’s regime managed to lodge a complaint against Habré in Belgium courts, under its universal law allowing jurisdiction over those accused of human rights abuses wherever they are committed.  It was at this point that African leaders decided handle Habré’s prosecution within Africa.  In July 2006, a panel of the African Union recommended that Habré be tried in Senegal, Chad or another African nation that has adopted the international Convention Against Torture, rather than in Belgium.  The AU then decided that Senegal should serve as the location of Habré’s trial.  In order that jurisdiction would be properly established, the Senegalese National Assembly adopted a law that permits the country to prosecute cases of genocide, crimes against humanity, war crimes and torture, even where they are committed outside of Senegal on January 31, 2007.  Though these are immense steps towards trying Habré, it is predicted that Habré’s trial will only take place in 2009 due to financial and logistical details. 

Sources:

BBC - Profile: Chad's Hissene Habre - 3 July 2006

Economist.com - How the Mighty are Falling - 5 July 2007

Human Rights Watch - The Case Against Hissène Habré, an "African Pinochet"

Amnesty International - Chad: The Habré Legacy - 16 October 2001

Jurist - Trying Habré in Senegal: An African Solution to an African Problem? - 6 July 2006

Trial Watch - Hissene Habré - 13 July 2007

Saudi Arabia: Punishment of a Rape Victim

By Gabie Hart

In recent weeks the Saudi Arabian Government has been making headlines over the sentencing of a Saudi rape victim whose sentence on appeal was increased to 6 months in prison as well as 200 lashes for having been out with another man who was not her husband (at the time of the incident she apparently was engaged and not yet married). Meeting a man was a violation of Islamic law because she apparently was out without being accompanied by a male guardian. The woman and man were attacked by seven men and both were gang raped a year and a half ago.

There is some controversy over what really happened. The woman claims she was essentially being blackmailed by a young man, and so she met with him in order to obtain an “innocuous” photograph. Allegedly, two men then got into the car and drove them to a place where five other men were waiting, and the seven men apparently raped the two of them.

The courts sentenced the woman, known as the “Girl of Qatif,” to 90 lashes for violating the Islamic law. Her lawyer on appeal made a few public comments about the sentencing, and soon found himself removed from the case and his licensed suspended.

On appeal, the court doubled the amount of lashes she was to receive and sentenced her to 6 months in prison. The ministry claims that further evidence was discovered against the woman, resulting in the increased sentence.

It should be noted that on appeal the rapists sentences were also increased from a range of 10 months to 5 years in jail to between 2 and 9 years in prison.

This case is currently waiting to be heard by Saudi Arabia’s highest court.

The latest actions by the judiciary in Saudi Arabia have been questioned by the international community, and several countries have come right out and denounced the ruling of the court.

A few commentators have suggested that this particular case could provide momentum for King Abdullah who in October called for reform among the courts, including establishing a Supreme Court. The courts are Islamic and are run by clerics who follow “the kingdom’s strict Wahhabi interpretation of Islam – but with no legal written code.”

There are some human rights activists who have questioned the justice that is provided by the Saudi courts and claim that the treatment of those involved in this case is “a mockery of the court’s claim to fairness.” Human Rights Watch has recently called on King Abdullah to void the verdict and drop all charges against her.

These recent developments call into question the treatment and prosecution of women under the strict interpretation of Islamic law, and the overall fairness and justice the courts in Saudi Arabia are administering.

Sources:

New York Times – Saudi Rape Case Spurs Calls for Reform – 1 December 2007.

CNN – Saudi Government: Rape Victim had Illegal Affair – 24 November 2007.

Yahoo News – Saudi Rape Ruling Puts Government on Defensive – 1 December 2007.

Human Rights Watch – Saudi Arabia: Ministry of Justice should Stop Targeting Rape Victim – 29 November 2007.