Women Empower

Violence
Against Women
From Silence to Empowerment
Edited by Don Brandt

Foreword by Fatuma Hashi
Copyright © 2003 by World Vision International.
All rights reserved. No portion of this publication may be reproduced in any form, except for brief excerpts in reviews, without
prior permission of the publisher.
Printed in USA
Published by World Vision International, 800 West Chestnut Avenue, Monrovia, California 91016-3198, U.S.A.
ISBN 1-887983-54-6
Editor in chief: Edna Valdez. Senior Editor: Rebecca Russell. Copyeditor: Heather Elliott Typesetting: Richard Sears. Cover design:
Judy Walker. Cover photo: Alison Preston
All Scripture quotations, unless otherwise indicated, are from the New Revised Standard Version of the Bible, copyright ©1989 by the
Division of Christian Education of the National Council of Churches of Christ in the USA. Used by permission. All rights reserved.
Printed on recycled paper.
2 Violence Against Women: From Silence to Empowerment

Contributors
Sara Austin (Commercial sexual exploitation of chil- gender and development (GAD) focal person. In
dren: How extra-territorial legislation can help) is Child these positions, Ruth was able to lead team research
Rights Policy Analyst at World Vision Canada. She efforts on topics related to gender-based violence
works on issues related to children and youth par- and the promotion of child rights. Ruth now works
ticipation in their own development, impact of HIV/ with World Vision International as Child Rights Policy
AIDS on girls, and general concerns of the girl child. Officer, based in New York.
Sara has a keen interest in curbing gender-based vio-
Frieda Kana (Family and sexual violence in Papua
lence through creating enabling environments where
New Guinea) is Communications and Information
boys and girls can become agents of change.
Technology Manager at World Vision Papua New
Alejandro Cartes co-authored (Domestic violence: Guinea. Frieda experienced first hand the all-perva-
Aggression against women in Chile) with Paula Saez. sive repression of women in Papuan culture. She
Like Paula, Alejandro works with World Vision Chile remains hopeful, seeing improvements that include
as a journalist. He has an abiding interest in poverty, universal education regardless of sex and the emer-
justice and violence, both in families and communi- gence of women’s rights activities and organisations.
ties. Alejandro believes that it’s primarily through
Monalisa Kileo co-authored (Finding a way forword:
families that new and more peaceful social relation-
Gender-based violence in Tanzania) with Ruth
ships are formed and sustained.
Kahurananga.Trained as a journalist, Monalisa’s works
Heather Elliott (Introduction) has worked with with World Vision Tanzania as Correspondence Ana-
World Vision Australia (WVA) in many capacities. lyst. Her interest in gender and violence against
For the past eight years she served with WVA’s Ad- women dates to her college years and her BA the-
vocacy Network. Heather is active in issues of peace sis on increased divorce in Tanzania.
and conflict, including the campaign to ban landmines.
Sylvia Mpaayei (Violence against women in Europe)
She edited several reports, including Children and
serves on the staff of World Vision United Kingdom
Peacebuilding and this volume.
as contact person on gender issues and as Pro-
Brenda Fitzpatrick (Rape as genocide: Lessons from gramme Development Officer. A native of Kenya,
the Balkans and Rwanda in the 1990s) worked and Sylvia’s interest in gender began when she worked
travelled in many areas of conflict.These experiences with groups of women who faced conflict and bru-
provided her with first-hand materials to advocate, tality in Sudan. She believes that in too many socie-
write and speak on a wide range of topics dealing ties a “culture of silence” condones violence against
with human rights and development. Brenda’s work women. Sylvia feels that one role of development
experience includes senior management positions organisations is to support women facing violence
at the World Council of Churches, World Vision and empower them to make wise decisions about
Australia and, currently, World Association of Girl their own well-being.
Guide and Girl Scouts.
Paula Sáez (Domestic violence: Aggression against
Ruth Kahurananga (Finding a way forward: Gender- women in Chile) is a trained journalist on the staff of
based violence in Tanzania) was manager of World WorldVision Chile. Paula believes that all of us should
Vision Tanzania’s Advocacy Unit while serving as the be advocates for victims of domestic violence, re-
Violence Against Women: From Silence to Empowerment 3

gardless of whom the abused may be. Her desire is
to put faces on violence, and by so doing, achieve
greater consciousness about the tragedy of domes-
tic violence.
Dr Sekai Shand (The links between HIV/AIDS and

violence: Towards a dialogue with men) is manager of
the Advocacy, Media and Public Relations Depart-
ment at World Vision Australia. Sekai, born in Zim-
babwe, completed her education in Britain and Aus-
tralia. Her passion for poverty and development
concerns undergirds her professional work and
writing.That same fervour is strikingly found in Sekai’s
fictional stories, including Songs to an African Sunset.

Contents
Foreword........................................................................................................................................................................ 7
Fatuma Hashi
Introduction ................................................................................................................................................................. 9
Heather Elliott
Domestic violence: Aggression against women in Chile ....................................................................... 17

Paula Sáez and Alejandro Cartes
The links between HIV/AIDS and violence:Towards a dialogue with men .................................. 27
Sekai Nzenza-Shand
Commercial sexual exploitation of children:

How extra-territorial legislation can help ................................................................................................... 39
Sara Austin
Finding a way forward: Gender-based violence in Tanzania ................................................................ 59

Ruth Kahurananga and Monalisa Kileo
Rape as genocide: Lessons from the Balkans and Rwanda in the 1990s ....................................... 75
Brenda Fitzpatrick
Violence against women in Europe ................................................................................................................. 85

Sylvia Mpaayei
Family and sexual violence in Papua New Guinea................................................................................... 95

Frieda Kana

Foreword
Violence against women is a crime against humanity. international levels. Nothing short of personal and
It is first and foremost a violation of human rights. cultural behavioural transformations are called for.
Physical, sexual and psychological abuses are an af- The battle has been joined and there has been change
front to the dignity and intrinsic worth of every in- – despite the continuation of despicable acts, such
dividual. Rape, trafficking of women and girls, early as commercial sexual exploitation, “honour killing”
and forced marriage and female genital mutilation and rape as an act of war. Perhaps the question to
are human rights abuses that occur too frequently, ask is: “How will each of us be engaged with this
in too many communities. And no society, not even issue in our home, work, and civic lives?”
in “enlightened” Western Europe, is exempt from
Endorsement of the Convention on the Elimination
the scourge of domestic violence, robbing a woman
of All Forms of Discrimination against Women
of the sanctity and security of her home.
(CEDAW) is a testimony to the importance World
Violence against women is also a barrier to devel- Vision places on combating gender discrimination
opment.World Vision and other development agen- as a blight on humankind.
cies have long recognised that only with the active
This book is not intended as an academic exercise
participation of women can development be sus-
alone. It serves as a communiqué against forms of
tainable. Development programs that ignore repres-
violence that are perpetuated against too many hu-
sion and subjugation of women are doomed to fail-
man beings. The authors want to convey the sheer
ure.Women are the primary care givers of children.
extent to which fundamental human rights of women
Meeting the basic needs of children extends to eco-
are being violated; to unpack the distorted personal
nomic production, whether growing crops, working
and societal attitudes that this ultimately reflects;
as petty traders or serving as corporate executives.
and to remind us that it need not be this way.
As a human rights and development desecration,
Fatuma Hashi
indeed a grave humanitarian concern, violence against
Gender and Development Director
women demands responses at all levels: from indi-
World Vision International
vidual and family through community, national and

Introduction
So God created humankind in his image… death among people aged 15 to 44. More than 1.6
male and female he created them. million people are killed by violence each year; for
– Genesis 1:27 every person killed by violence, as many as 40 peo-
ple are left with serious injuries as a result of physi-
Now the earth was corrupt in God’s sight,
cal attacks.Yet violence, particularly against women,
and the earth was filled with violence…
rarely features in global policy commitments or the
and it grieved [God] to his heart.
pronouncements of the G8. Eradicating domestic
– Genesis 6:11, 6
violence is not a Millennium Development Goal and
Everyone has the right to life, liberty it is disturbingly absent from most Poverty Reduc-
and security of person. tion Strategy Papers.
– Article 3, Universal Declaration
The lack of attention given to violence against
of Human Rights, 1948
women in the policy debate is reflected in most coun-
Violence against Women: From Silence to Empowerment tries by a failure of government action. This report
brings together some perspectives from around the calls for renewed scrutiny of the problem of vio-
world on the pressing issue of violence against lence against women as an issue that must not be
women and girls.The authors show that gender-based ignored by those who work in and for development.
violence has diverse manifestations and that the scale Action is urgently needed to build on the positive
of the problem is enormous, in both its severity and lessons highlighted in these case studies. In particu-
spread. Indeed, the stories and perspectives from di- lar there is a need to build the capacity of local gov-
verse parts of the world represented in this book ernment and civil society organisations to address
have numerous tragic elements in common. the problem of violence and to raise the awareness
among women of their rights.
While not claiming to be comprehensive in its analy-
sis, Violence against Women: From Silence to Empower- World Vision’s experience is that the scale and per-
ment offers valuable insights both into the far-reach- vasiveness of violence against women, during war
ing impacts of gender-based violence on human de- and peace, both within and outside the home, means
velopment and into measures that offer hope of ef- that humanitarian organisations encounter forms of
fectively reducing this violence and its impacts.What physical and sexual abuse in nearly all childcare, de-
becomes clear is how often the route out of vio- velopment and relief program contexts. If an organi-
lence and fear is dependent on chance and the work sation is serious about transformational development
of local community organisations. Our case studies of human lives, it cannot ignore brutality against
show that women have few obvious places to turn women and girls.
when they are at risk and suffering abuse. In most
It is clear that violence against women by men is wide-
countries provision for the victims of domestic vio-
spread with serious, even deadly, impacts. The fact is
lence are inadequate and poorly advertised. Where
that men are the most common perpetrators of vio-
limited exceptions occur (such as Chile) they stand
lence and of sexual abuse against women and girls.
out as beacons for other countries to follow.
Men almost always have superior physical force, with
The World Health Organisation reported in Octo- the obvious result that their violence can threaten
ber 20021 that violence is now the leading cause of or inflict acute, even life-threatening, physical harm.
Introduction 9
In this book, authors tell of hospital admissions, rapes Where violence against women occurs on a broad
and murders resulting from domestic violence; of girls scale, relationships in the community can be marked
sold into sexual slavery; of women suffering severe by gender division, bitterness and a culture of si-
pain, sickness and eventual death as a result of infec- lence or apathy, all of which work against commu-
tion with HIV by their husbands. Furthermore, in far nity-based development.
more families and societies, women are dependent
Sexual violence against girls and women often leads
on men – including violent men – for their physical
to the victims withdrawing from (or being shunned
survival.The economic and social power over women
by) their family or community, or even becoming
that societies allows men to claim means that many
infected with HIV, with all the implications that AIDS
women are trapped in situations of violence, without
has for development.
real alternatives.This creates situations that, like that
of children abused by their parents or primary …on children
caregivers, are utterly horrific. As one author in this
World Vision and other child-focused organisations
book notes, “the psychological impact of domestic
are also concerned with this issue because of our
violence has been found to have parallels with the
commitment to a world that is safe for children.
impact of torture and imprisonment of hostages.”
Children are directly and profoundly impacted by
In armed conflict, when human potential for evil acts
violence against women. As some of the chapters in
tends to have freer reign than usual, women are not
this book reveal, both female and male children
the only victims of violence and inhumanity; civilians
clearly learn violence and gender discrimination in
in general suffer gross violations of the international
childhood, and reproduce violent relationships in their
rules of war. But women are victims in particular
homes when they grow up; for some, tragically, abuse
ways.The International Committee of the Red Cross
is a normal way of relating in the family. Sexual vio-
has in recent years documented the impact of armed
lence also dramatically affects children’s ability to
conflict on women, and called for recognition of the
form healthy, loving relationships as adults. No child
specific problems women face in conflict, including
– male or female – should have to experience at
mutilation, sexual violence, the loss of husbands and
close hand, particularly within the closest human
sons, and inadequate protection.2
bond known to them (the family), the invasion of
Sexual violence is in a special sense an invasion of a violence. Whether they suffer, witness, overhear or
woman’s person, of sexual organs that are intended find themselves mediating, children are profoundly
both to provide intimacy and delight between loved affected by acts of violence in their own homes. More
ones, and to create and nurture new human life. than one chapter makes the point that violence
against women is violence against families.
Impacts on development
Rape that results in pregnancy represents violence
The impacts of gender-based violence on the devel-
against the bond between a mother and her chil-
opment process are reason enough for humanitar-
dren. Indeed, children born of the rapes committed
ian organisations to be concerned about the issue.
in Rwanda and the Balkans are known as “unwanted”
Where women are violently abused, whole families and in many cases even killed by those who give
are held back from fulfilling their potential spiritu- birth to them.
ally, socially or economically.Women who are physi-
cally injured or traumatised have less energy to study, …on women themselves
educate or nourish their children, carry out income- But it is not only because of children that humani-
generating activities, farming, carrying water or other tarian organisations are concerned about violence
household and community tasks.Violence ultimately against women. They are troubled because of their
affects the contribution of women to the develop- commitment to the marginalised and vulnerable. As
ment of a nation. noted in World Vision’s Faces of Violence report,3

women as a group are often among the most Causes
marginalised. There are different theories as to the causes of vio-
The authors insist that women equally with men lence against women, and the authors touch on nu-
are precious in God’s sight, and possess the same merous of these: violence may be motivated by an
innate dignity and human rights. Gender-based vio- individual’s desire to exert power (Austin), to “in-
lence is specifically and comprehensively proscribed timidate, punish or humiliate” the woman or girl
in the Declaration against Violence against Women,4 (Kahurananga & Kileo), or to demonstrate one’s
adopted by the UN General Assembly in 1993, and masculinity (Shand, Kana);
the Platform for Action from the UN Fourth World Con- The authors from Chile (Sáez & Cartes) share the
ference on Women5 in 1995. Both of these documents profound observation of one social scientist that
define gender-based violence as a violation of hu- “violence has its origins in the denial of the other
man rights, and also as a form of discrimination that person’s truth in order to obtain obedience and
prevents women from participating fully in society subjection.” Adultery and jealousy are other reasons
and fulfilling their potential as human beings. given for wife battery.
Violence against women is not specifically proscribed In some cases there are unmistakable cultural and
in the Convention on the Elimination of All Forms of societal roots that cause violence against women to
Discrimination Against Women (CEDAW), which has be accepted and even encouraged. Many women
been ratified by 170 countries 6, however the themselves accept it as something they must en-
CEDAW States Parties commit themselves to: dure; a notable reluctance of many law enforcers to
take in all fields, in particular in the political, so- intervene and prosecute domestic or sexual violence
cial, economic and cultural fields, all appropriate indicates they tend to agree. Patriarchal ideology and
measures, including legislation, to ensure the full power and control exercised by men as a group over
development and advancement of women, for the women, are also mentioned as key factors. Moreo-
purpose of guaranteeing them the exercise and ver, as noted in World Vision’s Faces of Violence re-
enjoyment of human rights and fundamental free- port, in a context where many acts of violence are
doms on a basis of equality with men (Article 3); committed by the state against citizens, and where
whole societies have become accustomed to armed
take all appropriate measures… to modify the violence, some of the barriers to violence no longer
social and cultural patterns of conduct of men exist.
and women, with a view to achieving the elimina-
tion of prejudices and customary and all other It is clear that poverty is a major contributor, and
practices which are based on the idea of the in- this is where the issue becomes critically relevant
feriority or the superiority of either of the sexes for humanitarian organisations. Poverty itself is vio-
or on stereotyped roles for men and women lence. But, as highlighted by the Faces of Violence re-
(Article 5); port, strong links can be made between poverty and
deep social inequities, and violence. The enormous
take all appropriate measures, including legisla- stresses facing families in poverty drive some peo-
tion, to suppress all forms of traffic in women ple to lash out violently; as one author puts it: “Pov-
and exploitation of prostitution of women (Ar- erty pushes people past the limits of their patience.”
ticle 6);
Poverty also drives people to treat their own daugh-
take all appropriate measures to eliminate dis- ters as commodities to be sold, whether that be to
crimination against women in all matters relating a well-off older man, in exchange for a bride price,
to marriage and family relations (Article 16). or to a recruiter of the sex trade (perhaps in the
belief that they will supply a decent form of employ-
ment). At least three of the authors point to changes
Introduction 11
associated with modernisation as a significant fac- acknowledge the problem, such as by introducing
tor that contributes to violence against women. legislation or welfare interventions in response to
These include rural–urban dislocation and separa- domestic violence or sexual, the issue moves from
tion of families, which are key factors in the HIV the private to the public sphere. Victims begin to
infection of married women by their husbands. Pov- have a small hope of vindication and perpetrators
erty that forces parents to remove their daughters begin to tremble. Societies that take such steps may
from school at an early age also increases the chances be shocked at the extent of these problems in their
that she will not be armed with knowledge suffi- midst that were previously hidden now comes to
cient to protect herself from either abusive rela- light.
tionships or that disease.
Laws alone are not enough. Clearly, the number of
Also linked are physiological factors. It is well known cases reported is still only the tip of the iceberg, and
that the consumption of alcohol in many cases fans the number of convictions pitifully low. The chal-
the flames of violence.What of the effects of hunger lenge is to disseminate laws against abuse in a man-
or malnourishment on the human mind and emo- ner that is understandable, particularly to people who
tions? One anthropological study7 linked malnour- are not educated or live in remote areas.
ishment contributing to low blood-sugar levels with
Most of the authors agree that social education and
one community’s endemic aggression and violence.
awareness programs, and the creation of new norms,
If, as is now generally believed, chemical and electri-
also continue to be a major need, particularly where
cal impulses in the brain exert influence over one’s
culture or traditional practices (such as female genital
emotional and physiological impulses, what happens
mutilation) are involved. One author notes that posi-
to children who are deprived of nutrition or affec-
tive traditional beliefs can be harnessed to empower
tion at critical junctures of their development?
and protect women. Community attitudes can be
Are men always to blame? For the acts of violence changed through education about the adverse health,
they carry out, there can be no other answer but psychological and socio-economic effects of violence.
“yes” – otherwise we are denying human responsi-
bility for one’s own actions. There is no doubt that Violence against women: a men’s issue
strained relationships, exhaustion and stress caused As several of the authors highlight, men and boys
by overwork, injustice or chronic poverty can are critical to solving the problem of gender-based
shorten one’s fuse. But there is a huge distinction violence. Yet they may have few resources available
between getting angry and inflicting violence that to help them should they want to overcome the
causes physical injury or death. problem in themselves or in their communities. Many
may not have awareness of or access to non-violent
Even in courts of law, blaming the victim of violence
models or alternatives, or may have difficulty in ar-
is common. In my own country, Australia, a woman
ticulating their thoughts and feelings. Sadly, many have
brutally murdered by her ex-partner was said to
not been targeted by NGOs purporting to address
have “provoked” the crime. To the horror of the
the problem of violence against women.
woman’s family, the killer received a short prison
sentence.8 Yet a woman charged with the murder of The importance of empowering boys and girls, men
her husband after suffering decades of abuse and and women,“in such a way that the rights of all peo-
cruelty at his hands, was not able to claim provoca- ple are respected and nurtured” (Austin) is under-
tion to the satisfaction of the court, and received a lined. Several authors note the need for alternative
long prison sentence.9 masculine identities, ones that do not “require” a
man to beat his wife in order to prove his virility or
Solutions strength. Education, peer groups or the media can
Laws criminalising violence against women are criti- provide credible non-violent role models or ap-
cal, as all the authors note.When countries publicly proaches.

The church is noted by many of the authors as hav- and also civil society. In developing countries, how-
ing a special role, both in providing space where ever, services for women are also in turn victims,
people’s concerns on issues such as violence could neglected by bilateral donors or international finan-
be expressed, and families could be supported in cial institutions.
dealing with the problem, and in providing an au-
Poverty Reduction Strategies increasingly focus on
thoritative moral basis for promoting abstinence and
a few development goals that neither donors nor
monogamous sexual relations as a critical element
lenders should overlook the crucial needs of women
of reducing the transmission of HIV/AIDS. Yet, sev-
and the role that they play in overcoming poverty.
eral authors point out, the church also needs to
World Vision would suggest that taking a more rights-
examine its own complicity in the disempowerment
based approach to their work would help agencies
of women.
that work with governments in the social policy
Development agencies such as World Vision have sphere (such as the World Bank) to better identify
opportunities to identify and address, on many dif- and address problems such as violence against
ferent levels, issues of violence against women. Sev- women, although sadly the Bank has been reluctant
eral of the authors make specific recommendations to adopt such an approach.
for programming and advocacy to this end.
Silence protects those who abuse women. For this
Barriers reason – for these crimes to be seen for what they
are – the silence must be broken.World Vision pub-
Barriers to recognising and solving gender-based vio-
lishes this report to further this end.
lence are identified, ranging from inadequate compi-
lation of data from a range of welfare and law en- Violence against women is a human rights violation
forcement agencies, and lack of data on sexual ex- and an affront to the image of God. Not only women,
ploitation that is disaggregated by gender and age; but also men, need liberation from violence – from
female poverty and lack of participation in decision- patterns of thinking and action that devalue and de-
making, education and employment; women’s lack stroy human life rather than nurture it, that under-
of power to negotiate safe sex, even if they know mine one’s own ability to protect the weak, and that
what it is; to unclear processes and policies at gov- send ripples across society and into future genera-
ernment level. The failure of government agencies tions. If humanity can be viewed as a fabric that is
to respond to the needs of women is an acute prob- knitted together, then one person inflicting or suf-
lem and the need for an ethos of service provision fering violence, however subtle, stains and unravels
that includes the rights of women is clear. that fabric. May this book challenge us all to identify
and deal with the traces of violence in ourselves,
Almost all the chapters in this book refer to a “cul-
our communities and our world.
ture of silence” that surrounds violence against
women. Many women are reluctant to report do- The chapters
mestic violence or rape. In Chile it is reported that
Paula Sáez and Alejandro Cartes examine the seri-
women wait on average seven years from when the
ous concern of Domestic violence: Aggression against
problem starts until they file a complaint. The si-
women in Chile. Dimensions of the problem are pre-
lence is often due to women’s shame in letting oth-
sented in statistical data (one recent study found
ers know about violence, fear of retribution or de-
that over 50% of women in Chile have experienced
pendence, whether emotional, social or economic,
violent situations in their relationships with their
on their abusers. Others do not know where they
partners) and one woman’s personal story. While
can turn for help.
violence against women is clearly endemic – the
World Vision is conscious that women are often let authors suggest it is enshrined in the national motto
down by those who should be willing and able to – the tireless efforts of civil society organisations
help – law enforcement agencies, local authorities including the church have yielded fruit. Chile has in-
Introduction 13
troduced important initiatives such as the Law on on child sex tourism and trafficking, and the critical
Domestic Violence, and the establishment of a Na- importance of extra-territorial legislation in tack-
tional Service for Women. The issue is now clearly ling these cross-border crimes. The strengths and
in the public sphere, and recognised for the crime weaknesses of legal measures enacted by five tour-
that it is, where once it was hidden in families. ist-sending countries are assessed.There have been
very few prosecutions to date.This chapter calls for
Nevertheless, limitations with the implementation
“an international social and political climate where
of the Law have meant a failure to protect victims
the commercial sexual exploitation of children will
and witnesses, while social inequity and poverty
no longer be tolerated, and where there is no impu-
render many abused women dependent on their
nity for offenders.” Noting that these problems ex-
abusers and unwilling or unable to bring them to
ist within an international social context that toler-
justice. Awareness-raising campaigns continue to be
ates and perpetuates gender-based violence, it ar-
critical in building new social norms. This chapter
gues that strategies must address the imbalance of
shows how World Vision Chile is addressing the is-
power between men and women, and between adults
sue proactively and comprehensively, through pro-
and children.
grams focusing on individuals and family relation-
ships, economic development to address poverty, and Ruth Kahurananga and Monalisa Kileo, in their
advocacy and awareness-raising to build a new “cul- chapter Finding a way forward: Gender-based violence
ture” of peace and respect. in Tanzania, present three different types of gender-
based violence that are prevalent in Tanzania: do-
Sekai Nzenza Shand, in The links between HIV/
mestic violence extends beyond physical violence
AIDS and violence:Towards a dialogue with men, shows
to psychological (threats, intimidation, isolating a
how the disempowerment of women, at family, vil-
woman from her friends and family, and economic
lage and national levels, increases their vulnerability
control); various forms of female genital mutilation;
to both sexual violence and the added violence of
and the accusation and killing of elderly women for
HIV infection. Many Southern African women, par-
“witchcraft.” They discuss the devastating impacts
ticularly in rural areas, lack both knowledge of and
and various root causes (economic, cultural and oth-
control over their sexuality: this means less power
erwise) of these forms of violence; efforts that have
in a relationship to negotiate the use of condoms to
been made by government and civil society in Tan-
protect their own health. Traditional practices and
zania to eradicate them; and some suggestions to
beliefs are examined, including widespread double
meet the challenges that remain.
standards for men and women where sexual behav-
iour is concerned.This chapter argues that men have Brenda Fitzpatrick’s chapter, Rape as genocide: Les-
a critical role in tackling the AIDS epidemic, but that sons from the Balkans and Rwanda in the 1990s, fo-
opportunities to include them, and to nurture alter- cuses on the horrific (both in scale and nature) sexual
native masculine identities, have too often been abuses of women in those conflicts. It is clear that
missed. It concludes with recommendations for pro- thousands of women fell victim to this humiliation,
gramming and advocacy to meet these urgent chal- pain and terror. This chapter traces efforts to en-
lenges. sure that rape is acknowledged as being useable not
only as a weapon of war, but also a tool of genocide,
Sara Austin addresses the violence of child sexual
carried out with “the specific intent to destroy, in
exploitation, which particularly impacts girls and in-
whole or in part, a particular group.” Much hinges
flicts physical, emotional and psychological trauma
on whether the rapes were planned and systematic,
on its victims. Countless girls are held virtually as
rather than opportunistic. Certainly, some perpe-
prisoners in the sex trade – often to repay family
trators considered raping a greater violence than
debts, unaware of who might help them escape to a
killing their victims, allowing them instead to “die of
different reality. Commercial sexual exploitation of chil-
sadness”; some sought to impregnate their victims
dren: How extra-territorial legislation can help focuses

so that they would bear children of the perpetra-
tor’s ethnicity. Obstacles to enforcing and prosecut- References
ing genocidal rape include an attitude that acts of 1
World Health Organization, World Report on Vio-
sexual violence against women are “lesser crimes,”
lence and Health, Geneva, October 2002, http://
and issues of state sovereignty.
www.who.int/violence_injur y_prevention/
Sylvia Mpaayei reports high levels of Violence against main.cfm/p=0000000117
women in Europe – lest the reader assume that gen- 2
International Committee of the Red Cross,
der-based violence is a problem of developing coun-
Women facing War, ICRC, Geneva, 2001. The re-
tries.While some types of violence, such as traffick-
port can be read on-line at http://www.icrc.org/
ing in women, appear to be more prevalent in East-
We b / e n g / s i t e e n g 0 . n s f / i w p L i s t 2 /
ern European countries, domestic violence is alarm-
Focus:Women_and_War. At the launch of this re-
ingly common in the United Kingdom. This chapter
port, President of the ICRC, Jakob Kellenberger,
presents data on Europeans’ attitudes to domestic
made a declaration calling for greater recognition
violence against women, its causes and how they
of the specific needs and vulnerabilities of women
believe it should be tackled. Discussed are recent
in wartime.
initiatives in the European Community and the UK,
3
including by the church, to tackle and prevent vio- World Vision, Faces of Violence in Latin America and
lence against women including trafficking. In Europe, the Caribbean (available in Spanish and English),
as elsewhere, women do not always report the World Vision International, Regional Office for
crimes committed against them. A woman’s capac- Latin America and the Caribbean, San José, Costa
ity or willingness to take steps to protect herself Rica, 2002. See also Don Brandt, Homes of Fear:
from violence depends on her awareness of alter- The Curse of Family Violence,Working Paper No.
natives and support services, as well as on levels of 6, World Vision International, Monrovia, CA, May
support from children and other relatives, and her 2002.
economic situation. 4
http://www.unhchr.ch/huridocda/huridoca.nsf/
Frieda Kana presents Family and sexual violence in (Symbol)/A.RES.48.104.En?Opendocument
Papua New Guinea as a human rights concern that 5
http://www.un.org/womenwatch/daw/beijing/plat-
has reached critical proportions. She presents data
form/violence.htm
and stories from personal experience that indicates
6
both the pervasiveness of domestic violence and its As at 9 December 2002 http://www.unhchr.ch/
apparent acceptance by society.An increase in sexual html/menu3/b/e1cedaw.htm
violence, including rape, is also highlighted.Tragically, 7
R. Bolton’s study of the Qolla, an Aymará-speak-
it has taken cases of extreme brutality to raise pub-
ing group in the South American Andes, referenced
lic awareness of the seriousness of these problems.
in R. M. Keesing, Cultural Anthropology: A Contempo-
Exploring both the perceived and the underlying
rary Perspective, CBS College Publishing, New York,
causes (that include cultural beliefs and gender iden-
1981, pp. 95–96.
tities, and stress caused by rapid socio-economic
8
change) of such violence, this chapter reports on In August 1987,Vicki Cleary, a kindergarten teacher
legislative and civil society efforts that have helped in Melbourne was stabbed to death by her ex-
bring these issues into the open. boyfriend in a car park. Her killer argued that she
had provoked him and received only three and a
half years’ imprisonment for manslaughter.The vic-
tim’s brother wrote that the judge “granted a de-
fence of provocation because ‘...there were acts
and circumstances existing for some time before-
Introduction 15
hand which, in culmination…produced a loss of successfully appealed [to two Courts]. Critics of
self-control because of the trigger comment that these decisions have argued that the law of self-
occurred that day by the deceased lady.’ The 'trig- defence and provocation is gender biased, and is
ger comment' was an exclamation allegedly ut- incapable of taking into account the context of
tered by my sister upon being confronted at…her violence in which such killings occur.” Defences
car.The circumstances were her refusal to return to Homicide: Issues paper, Victorian Law Reform
to a violent relationship. An earlier appearance at Commission, Melbourne, 2002, p. 17, s. 1.19. http:/
the kindergarten by the aggressive [killer] was de- /www.lawreform.vic.gov.au/CA256902000FE154/
scribed by the judge as:‘part of a realistic situation Lookup/Homicide/$file/Issues_Paper.pdf
(where) one person is intense about seeing the Vicki Cleary’s brother, commenting on the
other’.” ‘The legal lie that men kill for love’, The Osland case, said: “One must wonder what
Age, Melbourne, 19 August 1998. http:// Heather Osland, sentenced to 15 years for the
www.philcleary.com.au/politics_murder_legal murder of her pathologically violent husband,
_lie.htm would make of suggestions that our courts are
9
free of notions of male honour or gender bias.
In October 1996, Heather Osland (R v Osland
Despite Osland's son wielding the piece of pipe
[1998] 2 VR 636) was found guilty of murdering
that killed her husband, he was freed.And although
her husband, and sentenced to 14 years’ impris-
Justice Kirby relied heavily on the "sanctity of hu-
onment. “At her trial, she pleaded both self-de-
man life" when rejecting Osland's appeal…some
fence and provocation, on the basis that she was
have asked whether flawed cultural assumptions
fearful for her life, due to a long-standing history
and the sanctity of man's place in the home weren't
of violence against both her and her son by her
the real sub-text.”
husband. Her conviction and sentence were un-

Domestic violence:
Aggression against women in Chile
Paula Sáez and Alejandro Cartes
Introduction ean society. In 1992, with support from the Pan-

“They beat you so much, so much, that they make American Health Organization (PAHO), a study on
you believe you are insignificant; you end up be- The Prevalence of Family Violence in Chile3 reported
lieving it.” – Aída Moreno the shocking reality of domestic abuse: in 25% of
households, the woman was beaten by her spouse;
Since she was six years old,Aída Moreno1 has known in 30% of these cases, she was psychologically abused
beatings, forced labour and discrimination as a way as well.
of life.The sadness in her eyes reflects a life marked
by physical and psychological abuse. A later study on the prevalence of domestic vio-
lence, completed in 2001, indicated that 50.35% of
Aída and her siblings were punished violently by her step- Chilean women have experienced violent situations
mother, who had been authorised by Aída’s father to beat in their relationships with their partners. Of these,
them; his belief was that “as long as their eyes and mouths over 32% suffered psychological violence and 67.5%
aren’t hurt, the rest doesn’t matter.” experienced physical abuse. The report shows that
Originally from Chanco, a town in Maule province domestic violence occurs in all strata of society:
deep in the countryside, Aída arrived in Santiago, among 38% of women from the upper and upper–
the capital city when she was only 14 years of age. middle income group, 44.8% of middle class women,
At 15, she was raped by the man who would later and 59.4% of women in the low-income sector.4
become her husband.The violence she experienced A recent study by the National Service for Women
during her childhood was repeated in adult life.The (SERNAM) highlights that:
harsh situation in which she lived, however, did not
dampen her interest in helping others. Ultimately, • in the Santiago Metropolitan Region alone, the
Aída was able to recognise herself as a person loved problem affects 50.3% women between the
by God, to understand her situation and begin the ages of 15 and 49, and more than 70% of chil-
struggle to find herself as a woman. (More of Aída’s dren.
story appears later in this paper.) • nationally, one in every two married or sepa-
Aída is not alone. In the Santiago region, one out of rated women has suffered – at least once –
every three women has been the object of physical violence from her partner. Meanwhile, three
and/or sexual violence. In addition, psychological vio- out of four children have suffered some kind
lence is known by one in every 10 women.2 of violence at the hands of their parents.
Por la Razón o la Fuerza – “Through Reason or Force” – is • women with higher educational levels are less
the national slogan of Chile.It also encapsulates how a large likely to suffer violence at the hands of their
number of Chilean men think and act, using violence as a partners. The prevalence of physical violence
way of imposing “respect” in their homes. amongst women who have not completed
their primary or high school education stands
The couple: one aggressor, at 40%; in contrast, the rate for those who
the other injured have completed high school is 29.1%, while
Domestic violence, of which women are the pri- for women who have completed their univer-
mary victims, is a cause for serious concern in Chil- sity studies it stands at 28.5%.
Domestic violence: Aggression against women in Chile 17

Table 1: Data on domestic violence in Chile
Year Source Findings
1992 Larraín (supported by PAHO) • women beaten by spouse in 25% of households

• psychological abuse in 30% of these cases
2001 Public Policy Analysis Centre (Chile) • 50.35% of women had experienced violence in
relationships with partners
•␣ 34% of these physical violence
• 16.3% psychological violence
• highest rates of violence in low-income sector
• in the Metropolitan Region alone, domestic

violence affects 50.3% women aged 15–49, and
more than 70% of children
• nationally, one in every two married or

separated women has suffered violence from
her partner, and three out of four children have
suffered violence at the hands of their parents
• prevalence of violence lowers as women’s

education levels increase:
• 40% among women who have not completed
primary or high school
• 29.1% for women who have completed
high school
• 28.5% for women who have completed
university studies
2002 Citizen Security Division, • 32,515 reported cases in second trimester of

Ministry of the Interior 2002 – 12.3% more than second trimester 2001
• in relationships where there is violence, there national level, with a total of 32,515 reported cases.
is an increasing tendency for threats to be This represents a 12.3% increase over the figures
made at gunpoint: some 20% of the women for the same trimester last year.
who have faced serious physical violence at
home have been threatened with weapons. An Political and economic
earlier (1992) study found that 8.4% of women marginalisation of women
had been threatened with weapons, and 6.9% For Chilean social scientist Humberto Maturana, vio-
had suffered armed violence. lence has its origins in the denial of the other per-
son’s truth in order to obtain obedience and sub-
The most recent study, by the Citizen Security Divi-
jection. A milieu of “conquerors” and “conquered,”
sion of the Ministry of the Interior,5 shows that dur-
where some people or groups have the truth and
ing the second trimester of 2002, domestic violence
others do not, promotes violence in relationships.
was the fourth most frequently reported offence at

This process of annulling or destroying the adver-
sary constitutes, in Maturana’s opinion, the origin of Aída’s story
violence.The imposition of “certainties” and disquali-
I lost my mother when I was five. My fa-
fication of views that are different, often by force,
ther remarried, and soon after I began to be
has served as the basis for cultural, political, eco-
abused by my stepmother – both very much
nomic, and gender models in Chile.6
abused and marginalised. I had to get up around
In Chile women did not obtain their right to vote, five or six o’clock in the morning to sweep
and thereby acquire citizen status, until 1947. As to the chicken coop, look after the garden, stoke
participation in public office, women comprise only the fire – we used coal for fire – put the kettle
11.5% and 5% of the total number of members on to boil, do this, do that, a whole lot of things.
elected to the House of Representatives and Sen- I then knocked on her door to waken her,
ate, respectively. By the end of 1999, women barely only to get a hard piece of bread to eat for
amounted to 35% of the workforce, and as late as breakfast.At the same time, this woman had a
2000 women were receiving an average income cor- son my same age. She had a trinche (locked
responding to 67.5% of the income of men.7 cupboard) in the house where she kept fresh
milk, condensed milk, cheese, eggs…all for her
A cultural feature that has a direct effect on domes-
son.
tic violence is patriarchy. Men construct their iden-
All of this I had to endure. I’m not making
tities around a model that gives them a mandate to
up a story from something I read from
provide, compete and win. Women, on the other
Cinderella. I had to run when I saw her com-
hand, have been culturally assigned the role of being
ing, to place some cushions down where she
passive and obedient; this is seen as an extension of
was going to sit, had to really treat her like a
women’s “natural” responsibilities within the domes-
queen. That’s just the way things were.
tic sphere, such as motherhood. These social stere-
My father used to tell this woman that as
otypes hinder women’s holistic development and
long as she left our eyes and mouths un-
make them financially dependent on their spouses.
touched, the rest didn’t matter. So she would
hit me, because I was the youngest and be-
Violence begets violence
cause I was always súper pará (quick to react
Discrimination and violence are also, in large meas-
and stand up for myself). Not only did my step-
ure, behaviours learned early in childhood. In homes
mother hit me, but my older brothers also
where violent relationships prevail, both sons and
had the authority to beat me. In fact, I have a
daughters tend to reproduce this phenomenon in
very clear memory of my brother: once, he
their own families and environment. According to a
saw me talking with a boy on the street and
recent UNICEF study, one factor bearing on the
he slapped me on the face, with his open hand,
abuse of children and in the reproduction of this
and left me there, bleeding. I’ve had to see it
behaviour in society is the existence of violence
all and cry for everything in life. That’s what
between parents.8 For example, 70% of women who
makes one ready to face anything that could
were physically abused said that these incidents took
come along.
place in front of their children. Violence between
I used to shine this woman’s shoes. One
parents inevitably creates harmful psychological ef-
day, while I was shining her shoes she was be-
fects in children.
rating me. I suddenly reacted and thought: what
Yet domestic violence and its profound discrimina- would she do if I threw the shoes at her? And
tion and abuse are usually hidden – invisible in pri- I did it! She beat the miechica (pulp) out of
vate life – and its victims muzzled. me, but I felt liberated. I always remember feel-
ing – even much later in life when my husband
would beat me – that this wouldn’t last for-

ever, that things would change. looked for a room to rent. I always led the
Years later I came to Santiago when I was way.That was the mistake I made. It’s because
14 years old.All my siblings were in this city as I’m from the South. For me, it was my respon-
well as aunt of mine; she had seen how things sibility to find somewhere to live. I bought two
were for me and sent for me as soon she could. cups, two plates, pans, and everything else two
While in Santiago, I met this 17-year-old guy. people need. He found that he could leave me
He would come up to me looking like a prince, with all the responsibilities. But to him, I was a
well dressed, really ‘encachaito’ (handsome). He huasita (derogatory term used for women) –
chased me and chased me until he got what that’s how he always treated me, saying I was
he wanted. stupid and that this was why he had to go out.
We met at a party, on 18 September.9 There Sometimes he would tell me we were go-
wasn’t anyone who could get him off my back; ing to go out somewhere, and since he never
he was like a disease. He would wait for me took me anywhere I would get all fixed up.Yet
outside work; I couldn’t get rid of him. We when I was ready he would pretend to be tired
hadn’t been courting for even a month when and lie down, or he would begin to make love
he raped me; it was like being assaulted. He to me and we would end up not going any-
had been telling me that nothing bad would where. I feel he did anything he wanted to
ever happen to me. Almost immediately he with me.The beatings increased. I tried to leave
changed and told me to have sexual inter- him several times, but I always had to go back.
course, willingly or unwillingly, otherwise he The last time he split my lip and a tooth came
would tear my clothes off. It was something loose. I was always covered with bruises. His
tragic for me, at my age (15 years old). mother would say to me, “When he hits you,
Afterwards he said he had done it because it isn’t because of what he’s saying. He hits
he loved me – that if he hadn’t done it like you because he’s jealous.” When I was men-
that, he never would have gotten me and that struating, this man pretty much wanted to
he needed to have a woman. But the fact that throw me out of the house, because he
he had taken me by force left a mark on me wouldn’t accept the fact that he couldn’t use
forever. Because the only thing I could say af- me.
ter that was “yes, yes, yes.” I felt terrible when They beat you so much, so much, that they
he would say to me “don’t worry, I’ll talk with make you believe you are insignificant; you end
your brothers.” He asked for my hand in mar- up believing it.
riage when he had already raped me. Even so, in spite of all the bad things that
Before we got married, that is during the were happening to me, I helped other people.
time a couple wait for their wedding date to I’d find children roaming the streets and I
be set and all that, he had started to hit me. would give them food and take them to the
Any reason would do. Say, for example, that shelters. I took a first aid course and would
we were to meet at seven o’clock in the go to give people their shots at the top of the
evening. If for one reason or another I didn’t hill, and I wouldn’t charge for it.
arrive at or before seven, he beat me. Or any The priests would tell me I had a twofold
other reason would do. If a fly buzzed around, look: that I looked with my soul and with my
he would hit me immediately. Afterwards he heart.At church I discovered who I was, what
would act hurt to the core and would do things my life had been and what my initial relation-
for me. I was so stupid that I believed it all and ship with my husband was. I discovered and
would even give him massages so he wouldn’t understood I had been raped and that I had
leave me. married my rapist. The man who hit me so
I then got married, already pregnant, and much and looked for ways to punish me was

wrong, because he didn’t have the right to do In the 1960s, policies aimed at women included the
that. When I understood all this and began to promotion of organisations that would open up
grow, it was horrible because a war took place spaces for women’s participation in specific social
between us. issues; during the 1970s, state policies were chan-
The church helped me to grow, to develop, nelled to women through these organisations. The
but… with my job and the money I began to active mobilisation of women’s organisations and civil
make, I was finally able to leave the man that society has resulted in significant policy initiatives. In
beat me. One day he followed me and got into 1991 the National Service for Women (SERNAM),
the same micro (bus) as I. When I saw him, I created by the Government to promote equal op-
felt the same fear, the same panic as when he portunities between men and women, and to guar-
would hit me. It was unusual that I was alone, antee the full exercise of the rights of women, was
because my children are always protecting me. created. It has been a leading actor on the issue of
He sat down behind me and began to talk filth. intra-family violence, through various campaigns,
I was very scared, but I said to myself, “I programs and the creation of interdisciplinary net-
promised myself I would turn him in, so I’m works at different political levels.
going to get off and do that as soon as we get
In a critical development in 1994, SERNAM enacted
to the street of the police station.” The bus
the Law on Domestic Violence (No. 19.325), which is
stopped and I got off, and he got off right be-
discussed in more detail below. Subsequently, the
hind me, whispering things in my ear. So I said
Plan for Equal Opportunities for Women (1994–1999)
to him, “Are you coming with me? I’m going
was formulated. And in 1996, Chile signed the Con-
to turn you in.” After that came all the legal
vention of Belem Do Pará (Inter-American Conven-
proceedings and now, well, I’m more at ease
tion on the Prevention, Punishment, and Eradication
now.
of Violence against Women) aimed at preventing and
My biggest supporters were my children. I
eradicating violence against women.These initiatives
have given them all the love I never received.
reflect the aspirations and struggle of diverse groups
The same is true with my grandchildren. I’ve
of women to ensure that women benefit from
given them everything I had kept inside. That
policymaking institutions and processes.
is what gives me purpose in life. People listen
to me and believe what I say and what I do, A law, but not enough
because every last thing is a testimony about
The 1994 Law on Domestic Violence (No. 19.325) is
life, about a life situation. For me, every pro-
significant in that it:
cess I have had to go through has been impor-
tant, because I’ve tried to take advantage of it • recognises the different types of physical, psy-
all for all those people that expect so much chological, sexual and economic violence
from us.
• takes family violence out of the private sphere
and
Progress towards change • assigns it the category of an act punishable by

law.
It has been a long process in Chile and much re-
mains to be done. The latter point alone represents enormous
progress: prior to the Law on Domestic Violence (LDV),
In the 1950s, the Government recognised women’s
the serious situation of abuse within the family was
issues as a public policy concern, and this led to as-
not considered a punishable offence.
sistance programs aimed at improving their living
conditions and increasing child and family protec- Two other aspects of the LDV deserve highlighting.
tion. The first is the range of people to whom it applies:

any man, woman or child affected by domestic vio- tunately, as the Citizen Security Division of the Min-
lence can file a complaint, and the law applies even if istry of the Interior report highlights, even when the
the person who committed the violence no longer number of reports increase, the number of arrests
lives with the family. The second is its measures to- are still very few. This is partly due to the level of
wards protecting the physical or psychological in- familiarity people have with this form of aggression.
tegrity of the injured woman and her family as well
It is also because, in most cases, the aggressor is the
as her livelihood and patrimony, and to facilitate due
husband or the father. Abused women or their chil-
legal process to ensure a swift solution to the com-
dren make the complaint, but they do not complete
plaint.
the legal process because they fear the consequences.
Once the LDV was enacted, the number of com- Economic dependence on the aggressor leads thou-
plaints filed by women increased significantly. In 1994 sands of women to keep on accepting mistreatment.
there had only been 1,419 domestic violence com- In most cases, a woman who is a victim of abuse
plaints filed in Chile; in 1996 this figure jumped to does not want her spouse to be deprived of his free-
57,939.10 This proved the expectations that existed dom, so as to not to jeopardise their family income.
regarding the possibility of finding swift and con- In other cases, the injured party feels guilt for caus-
crete solutions to situations of violence. ing her own predicament, or decides to tolerate the
abuse as a normal way of relating in the family.
In spite of this progress, implementation of the LDV
has revealed a number of limitations that need to Currently, some amendments to the LDV are being
be urgently corrected. For example, it privileges the discussed in the Chamber of Deputies; these are
married couple as a unit over the protection of the aimed at providing greater protection for the integ-
woman; this understanding exerts pressure for some rity of victims and those who report the incidents.
type of reconciliation between the parties. To date, Among a number of proposed changes is the crea-
judges have rarely used the protective measures con- tion of Family Courts: the idea is that these more
templated under the LDV. Also, a lack of adequate specialised courts will replace the juvenile courts
supervision makes it difficult to ensure compliance that are currently used to handle such cases, and
with preventive measures, such as prohibiting, re- facilitate better access to the justice that is inherent
stricting or limiting the presence of the offender in in the Laws on Domestic Violence, Paternity and
the home, or limiting or prohibiting the offender Food Alimony.
from appearing at the injured party’s workplace.
Dealing with the causes
The recent SERNAM study highlights that
The LDV has clearly drawn attention to the phe-
• statistically, it takes an average of seven years nomenon of domestic violence, and helped raise
for a woman to make her first official com- awareness among broad segments of the popula-
plaint – hence the importance of facilitating tion.This is a solid beginning. However, its measures
women’s access to justice through networks essentially address the symptoms and not the cause
of different institutions of the problem.
and that The fact is that the structural conditions for social
inequality persist, impairing fundamental rights and
• although over 70% of the people who make
potentially generating violence. One of these is wom-
use of juridical services are women, mostly
en’s lack of access to education. In a study carried
because of violence in the family, only one out
out by SERNAM, researchers verified that as their
of four women suffering serious violence has
level of education increases, women are less likely
asked for help from the courts.
to live in a violent relationship. The prevalence of
Shortcomings in the LDV mean that those who in- physical and/or sexual violence is 40% among women
flict abuse may not necessarily be punished. Unfor- with an incomplete basic or middle-level education,

whereas for those who have completed their high lence against women. The Roman Catholic Church,
school education it is 29.1%, and for those who have for example, deals with domestic abuse from both
completed university education, incidence of violence the individual spiritual side and by strengthening of
drops to 28.5%.11 the family through preventive approaches.
Civil society initiatives World Vision Chile

There remains a need to develop initiatives that fo- Although the issue is a complex one, World Vision
cus on the preventive and educational spheres.Along believes that violent behaviour that threatens the basic
these lines, in July 2001 SERNAM and over 70 other rights of men, women and children, can be changed
civil society organisations carried out a campaign to through mobilising and involving civil society.There is
reduce violence within families, under the theme “No still much to be done to eliminate prejudices and help
dejes que la violencia golpee a tu pareja (Don’t let vio- create relationships based upon respect within Chil-
lence hit you as a couple).” The hope is that this is ean society, but the changes that have taken place to
the beginning of a process of reflection that will ad- date allow for a more optimistic view. For example,
vance to build a culture of peace in Chilean families thanks to the campaigns carried out by both the Gov-
and society, where every man and woman can enjoy ernment and NGOs, the incidence of serious physi-
the same rights and responsibilities. cal violence against children was reduced by 26% be-
tween 1994 and 2000. And the introduction of the
With the participation of a range of civil society ac-
Law on Domestic Violence has placed this issue firmly
tors, SERNAM has led the formulation of a new Plan
on the agenda and helped raise the awareness of wide
of Equal Opportunities for Men and Women for the
sectors of the population.
2000–2010 period.
World Vision has actively participated in various cam-
Another recent SERNAM campaign is the Protect
paigns led by SERNAM, most recently joining the
Network, which was initiated by President Lagos in
Protect Network publicly in organising a walk for
recognition of the need for a stronger, more coor-
the rights of children. More than one thousand chil-
dinated response from both private and public sec-
dren from different World Vision Area Development
tors to detect and prevent intra-family violence, child
Program projects participated in this walk.They were
mistreatment and sexual abuse. The Protect Net-
received at the Presidential Palace by the Minister
work’s main objective is to encourage the active
for the Interior, Heraldo Muñoz; the Minister for
participation of civil society in preventing these prob-
the National Service for Women, Adriana Delpiano;
lems.Various public services and representatives of
and the Director of the National Service for Mi-
social organisations, such as professional colleges,
nors, Delia del Gatto.
student federations, church groups, NGOs and reli-
gious communities, together make up this campaign. Violence is not an isolated issue. Plans and programs
require people learning to relate better with each
The Church other, meeting and accepting each other’s differences,
Churches in Chile have been active in the struggle and working together in an organised way. For this
against domestic violence. During the military dic- reason, we believe the organisation of society plays
tatorship period, the church opened avenues for the a fundamental role in creating spaces of encounter,
expression of people’s concerns that were prohib- training and prevention for families, and actions for
ited by the military regime. Many solidarity and per- the protection of victims.
sonal growth initiatives appeared and were devel-
Various World Vision projects now include modules
oped under the protection of the church. When
on domestic violence as part of their training pro-
democratic governance returned, these initiatives
grams. In addition, they encourage the active par-
found ways to advance independent of the church,
ticipation of other institutions in providing different
but churches remain active in trying to curb vio-
workshops and conferences.

Another element that allows us to look more opti- to which children are socialised by the family. It is
mistically at the future is the series of programs that here where cultural patterns and forms of relating
have as their objective the holistic development of are learned that, although violent, are accepted as
the family – with the active participation of both normal. It is common for adult perpetrators of vio-
parents and their children. The family is a strategic lence to have been abused in their own childhoods.
space where transforming models and new forms In order to effectively deal with violence within the
of relationships can be sustainably established.Within family, a multi-disciplinary approach is needed that
this space, World Vision Chile works on both pro- includes different actors and levels of action.
moting the rights of children and women, and on
Violence in the family marks those who experience
strengthening relationships between couples through
it: women, the main people affected, show low self-
retreats that allow sharing and reflection. These
esteem, depression and isolation.Therefore not only
projects have yielded very good results, consider-
legal assistance, but also psychological and social
ably improving relationships between many partners.
support are needed for the victims.
A more structural issue related to violence is that
Perpetrators of domestic violence, on the other hand,
of poverty. Resentment, lack of opportunities, illit-
have few resources at hand to help them overcome
eracy and drugs are factors that help create condi-
this problem. Plans and programs are needed that
tions for violent relations.World Vision implements
concentrate on the individual man, on his capacities
economic development plans and programs that aim
and potential, and that help to rebuild dignity, pro-
at improving the quality of life of people, their fami-
mote reflection, bringing new knowledge and devel-
lies and the community as a whole. Within this ap-
opment tools, and strengthening values.
proach, we seek to create more egalitarian relations
within the family, since many cases of violence oc- It has taken long periods of struggle and mobilisa-
cur due to economic dependency, where the bread- tion to promote the elimination of, and to raise the
winner holds the power. When both spouses earn awareness of society and its institutions regarding,
money, the issue becomes less problematic. violence within families. Our task in the future is
not an easy one, but neither is it hopeless, as it might
Closing have seemed in the past.The community is now quite
Domestic violence in Chile is a critical issue that aware of the seriousness of the problem of violence
particularly affects women, but is causing concern in within society. Programs, both by the Government
broad sectors of society. There are many cultural as well as those by other NGOs, and that follow
elements that reinforce the use of violence and that similar lines to those of World Vision Chile, have
reproduce it as a way of resolving conflict. made a real difference to women and families suf-
fering from this problem.
The enactment of the Law on Domestic Violence is a
useful first step. However, the situation in Chile con- World Vision Chile has joined the efforts to build a
tinues to be critical. The actions promoted by the culture in which peace and well-being become both
National Service for Women (SERNAM) have led the ends and the means of transforming relation-
the Government to consider the nexus of problems ships founded on violence and discrimination into
that affect women, among them violence, and include more equitable ones based on mutual respect. We
integrated solutions to these problems in national strongly believe that if we continue to follow the
priorities. path we have taken, violence can be eradicated from
the coming generations of Chileans.
In addition to the necessary protective measures
and punishments contained in the Law on Domestic
Violence, new formative actions are needed so that,
one step at a time, there can be progress in building
a culture of peace. Violence is a learned behaviour,

6
Humberto Maturana, “La exigencia niega la
References legitimidad del otro,” in El sentido de lo humano,
1 Dolmen Ediciones, Santiago, 2000, p. 37.
Ms. Moreno is a counsellor for the Fundación para
la Superación de la Pobreza (Foundation to Over- 7
Ministerio de Planificación y Cooperación (Minis-
come Poverty). In 1999, she was designated “Illus- try of Planning and Cooperation), Study on the Situ-
trious Daughter” by the Municipality of Renca. In ation of Women in Chile, Santiago, October 2001;
March 2001, the Metropolitan Intendance hon- and Women’s National Service Database http://
oured her, as part of the government events to www.sernam.gov.cl/estadisticas/. Interestingly, the
celebrate International Women’s Day, and she re- more education women have, the greater the dis-
ceived an award from the First Lady, Luisa Durán, crepancy between the salaries of men and women.
for her contributions as a People’s Woman Leader. The Ministry study found that women with 0–3
2 years of schooling receive 18.6% less income than
Centro de Análisis de Políticas Públicas (Public
men with the same level of education, whereas
Policy Analysis Centre), Detection and Analysis of
women who completed 13 or more years of edu-
the Prevalence of Domestic Violence, Metropolitan
cation received only 51.5% of the salary of men
Region (in Spanish), Universidad de Chile, Santiago,
with comparable schooling.
2001. Most women who are physically or sexually
violated are also victims of psychological abuse. 8
UNICEF, Comparative Study on Child Abuse, 1994
3 and 2000.
Soledad Larraín, Study on the Prevalence of Domestic
Violence and Condition of Women in Chile (in Span- 9
Chilean Independence Day
ish), 1992. 10
Domestic Violence Complaints Office of the San-
4
Centro de Análisis de Políticas Públicas, op. cit. tiago Court of Appeals, Annual Figures on Domestic
Violence in Chile (in Spanish), http://www.
5
División de Seguridad Ciudadana del Ministerio fundaciónpobreza.cl/violencia/antecedentes gen-
del Interior de Chile, Informe Semestral y Trimestral erales/
de estadísticas nacionales sobre denuncias y 11
Centro de Análisis de Políticas Públicas, op. cit.
detenciones por delitos de mayor connotación social y
violencia intrafamiliar, Santiago, first quarter 2002,
second quarter April–June 2002.

The links between HIV/AIDS and violence:
Towards a dialogue with men
Sekai Nzenza Shand
Introduction ject to sexual violence live with the fear, or the real-
World Vision HIV and AIDS campaigns have en- ity, of having contracted HIV.
couraged prevention methods, such as “A, B and The major objective of this paper is to explore the
small c” (Abstinence outside of marriage, Being disempowerment of women and their vulnerability
faithful within marriage, and condom use for to violence and to HIV transmission. In particular, it
people who cannot or will not practice self-dis- is highlighted that:
cipline). Somehow forgotten is that traditional
rural women have little power to implement ABc • Power structures, gender inequalities and tra-
or other programs designed to curb HIV/AIDS. ditional views of sexuality are an impediment
to halting HIV transmission rates. Other fac-
Regardless of race, economic, political or social sta- tors exacerbating the situation include pov-
tus, all women are at risk of experiencing sexual vio- erty; urban migration (severe economic hard-
lence. Sexual violence refers to the sexual imposi- ships fuelled by the disparity between the city
tion of unwanted force through threats or physical and countryside create an environment ena-
coercion. This form of abuse against women is not bling the virus to spread); and violence against
only both a psychological and physical aberration, women.
but also a shocking violation of women’s basic rights.
• Some NGO messages about preventive meth-
In the past, HIV/AIDS and sexual violence were re- ods have been misplaced, irrelevant or inap-
searched separately from various perspectives. Re- plicable to the cultural contexts of women
search on the relationship between violence and HIV and men in rural areas of Africa. Interventions
infection is still scarce. But incidences of rape and were based on the assumption that, given in-
sexual coercion show that violence against women formed choice, African women can control
does have links to HIV/AIDS. As the prevalence of when, how and with whom they engage in sex.
HIV infection among women escalates, sexual vio- For example, the promotion of condoms alone
lence should be treated with even more serious con- in rural areas has not been effective in halting
cern. It is abuse that has adverse consequences for the epidemic. Although in some places con-
a woman’s sexual and reproductive health and the doms may be accessed cheaply at local shops
well-being of her children. NGOs (non-governmen- and health centres, there remain social, eco-
tal organisations), community organisations and nomic and cultural barriers prohibiting women
policy-makers should recognise that violence against from using condoms. World Vision and other
women has serious negative impacts on develop- NGOs now recognise HIV/AIDS as a disease
ment. of inequality and marginalisation. In Southern
As HIV/AIDS continues to spread throughout South- Africa, we seek to promote gender equality in
ern Africa, the need to protect women and to en- programs and to provide access to education
courage men to change their sexual behaviours is a and resources.
matter of urgency. In South Africa, for example, sexual • By excluding men from interventions, HIV/
violence is increasingly responsible for HIV infec- AIDS programs have inadvertently failed to
tions. A growing number of women are being sexu- prevent men from inflicting violence on
ally exploited and murdered. Women who are sub- women.
The links between HIV/AIDS and violence: Towards a dialogue with men 27
• Finally, recommendations are presented for this funeral, I shall cut my father’s face from the
World Vision and other NGOs and practition- photo,” said Esther. I asked why. “Because, if it
ers working in HIV/AIDS prevention, care, was not for him, my mother would be alive. I
treatment and advocacy. must avenge the violence done to my mother.
She was too old to die from AIDS,” Esther cried.
Esther was angry and so was I. Mai Esther
was a good rural woman, a respected grand-
Mai Esther’s story mother, leader of her church, counsellor and
For over 20 years, my extended family had caregiver of the sick. She was looking after
gathered to celebrate Christmas. Each year, five children orphaned as a result of HIV/AIDS.
we noticed that another family member was She was also a good farmer, a gifted singer
missing. So far, those missing and buried were and dancer deeply rooted in the cultural tra-
relatively young. ditions of her Shona culture. She respected
Two years ago, my sister Constance was her husband and did not question his faithful-
buried. She was 48 and a mother of two teen- ness when he came home three times a year.
age girls. Last Christmas, my sister-in-law Husbands leave home to work in the city;
Esther was missing.We thanked God that she wives stay at home, care for children and work
was not dead – she was nursing her 62-year- in the fields. This was the practice and still is.
old mother. The family still gathered, as they Sometimes it was natural that a man took a
have always done. Esther’s mother was too mistress in the city. If the relationship produced
old to die from AIDS, my mother told her children, the young mistress became a wife
friends. After all, my aunt was a public health and settled in the village, next door to the
specialist working in prisons. At her age, she senior wife. At first there are tensions and
would have known about AIDS and she could jealousy. But gradually the two women accept
not have died from the disease. each other and stay home to care for their
We missed Esther and we prayed for her children in the absence of the father. This is
mother. I remembered seeing Esther’s mother considered normal.When the husband returns
at the village church last Christmas holidays. home and demands sex from his wives, they
Mai Esther (Esther’s mother) was the leader must submit. It’s considered to be his right:
of the women’s group. I recall her singing beau- after all, he paid the bride price for them. He
tifully, in her Anglican Mothers’ white blouse, can physically assault them if they do not grant
black skirt and blue coloured headdress. She him his rights. Shona society has done this for
prayed that God would spare the lives of our generations.The village people will tell you that
young from the deadly AIDS virus. this cannot be changed overnight. Even HIV/
This year, on the third of January, Mai Esther’s AIDS cannot quickly change behaviour.
uniform was decked neatly on her coffin. The We buried Mai Esther back home in the vil-
women from the Anglican Mothers group gath- lage. She had a good funeral.This coming Christ-
ered in the working-class suburb of Chitungwiza, mas, we pray that no more among us will be
Harare. All night they sang around her coffin. At missing. Meanwhile, young girls in the village pray
four in the morning, I offered Esther a cup of tea that eligible men from the city do not bring home
and we took a break away from the mourners. the virus.Yet we now know that they will bring
We sat in the lounge room. On the mantelpiece it. Our anger will continue to rise, as we bury
was a photo of Esther’s parents, both of them yet another family member. We are angry with
smiling.The father, Jonasi, was wearing a nice suit Jonasi and with all men like him. For some time
and tie. Esther recalled how she had nursed her now, we have blamed them for their power over
father until he died three years before. “After women and the infliction of physical and emo-

tional violence on women. compete to have sex with as many virgins as they
The following day I set off to do some re- can seduce. The masculine identity of men who fail
search on women, HIV and violence, already to meet the required number of virgins is usually
predisposed to the notion that African men reck- questioned. As a result, in order to prove their mas-
lessly and knowingly inflict women with violence culinity, young men go to the extent of raping young
and are largely responsible for the high HIV in- women.
fection rate in women. Mai Esther’s story and
those of others confirmed my theory.
After two weeks of interviewing rural
women and commercial sex workers, I was Petrosi
struck by the lack of male voices in my study. During a recent visit to South Africa, I asked
I went back to Esther’s family. I wanted to know my taxi driver, Petrosi, to tell me about the
whether Jonasi had any regrets about his treat- increasing stories of men who rape women in
ment of women before he died. Johannesburg. First, he laughed, then said:
“I am a Zulu man, a warrior. I do not rape
women. Why should I? Men with little power
do that. I have plenty of power so I do not
Traditional poverty and power:
rape. I only beat my wife and my girlfriend
a web of vulnerability
when they disobey. Men who rape are cow-
Vulnerability of girls ards and there are many of us around. It’s the
young people who are doing it when the
In the past, young girls in Zimbabwe, Malawi and
women refuse to obey… I am a good man. I
Mozambique received sex education from senior
pay rent, feed the children, so women must
aunts and other elderly women. Even where sex
obey me because I am the man.”
education is taught in schools, girls do not have ac-
His girlfriend or second wife, Jane, sat next
cess to information on the mechanics of HIV or STD
to him and smiled, shaking her head.1
(sexually transmitted disease) transmission and pre-
While traditionalists like Petrosi believe they
vention because elders do not understand the dis-
have the right to punish “disobedient” women,
ease. In any case, most rural girls leave school be-
other men simply seek women out for the
fore they fully gain an understanding of reproduc-
purposes of rape. In post-apartheid South Af-
tive health.Without education or skills, girls become
rica, a woman is raped every minute. 2
more economically dependent on men. Young
Johannesburg has been called the “rape capi-
women who marry wealthy older men (“sugar dad-
tal” of the world.The high incidence of rape of
dies”) have less power – often becoming second
young girls is attributed to the myth that a man
wives – and are more vulnerable to violent abuse if
who is HIV-positive will be cured if he has sex
they “disobey.” Some end up as commercial sex
with a virgin. Yet the South African Govern-
workers in the event of a marriage break-up.
ment will not sanction provision of anti-AIDS
In romantic relationships generally, girls are some- drugs to these women, girls and children.3
times coerced into sex to “prove” that they love
the man. Men have more sexual freedom than
women. Unfaithfulness is regarded as “normal” in
In urban Zimbabwe today, sexual abuse of girls is
men but is seen as unacceptable in women. In the
increasing and is one of the most violent forms of
Tete province of Mozambique, for example, women
child exploitation. As in rural Mozambique, there is
are expected to preserve their virginity until mar-
a double standard: the same girls are expected to
riage while young men are encouraged to gain sexual
be virgins at marriage; a man can beat his new bride
experience through experimentation. Young men
if he discovers that she is not a virgin. Village girls such as female genital mutilation (though not as wide-
are expected to be subservient and ignorant about spread) and beauty tattooing when performed in non-
sex, as they wait for the right man. sterile conditions can lead to HIV infection.
Clearly, HIV prevention and education should tar- Rural poverty, economic dislocation
get both young men and women.
Migration to cities disrupts traditional rural families by
Traditional attitudes and practices separating men from their wives. This dislocation in-
creases the risk of disease, as urban male migrants find
In many cultures, there are restrictions based on age
new sex partners during long periods away from home.
or gender regarding access to information about sexu-
Similarly, truck drivers are vulnerable to contracting
ality. For example, in traditional Shona society, only
and spreading HIV due to the nature of their work.
uncles or grandparents can discuss sex with male ado-
lescents; similarly, it is the role of the aunt to instruct Power to negotiate
the young niece about sexual conduct. Virginity was
Men have power and control over women. Tradi-
regarded as a personal and community virtue. Although
tional attitudes defining men’s dominant roles in
sexually transmitted diseases existed, communities had
society place women in vulnerable positions.
traditional methods to cure them.
Even women who have knowledge and awareness
Teachers in schools and other institutions working
of HIV/AIDS, quite often do not succeed in negoti-
with adolescents are concerned about providing sex
ating condom use. For many women, asking men to
education for fear of breaking down the cultural
use condoms is difficult because condoms are often
norms and therefore “encouraging” the young to
associated with promiscuity, unfaithfulness and im-
engage in premarital sex. HIV/AIDS has presented
moral behaviour. In fact, asking a man to use a con-
communities with new challenges.
dom often leads to adverse and violent reactions.
The risk of HIV infection also increases as a result Suggesting condom use in an existing relationship is
of female genital mutilation, and traditional sex prac- almost impossible, because it raises issues of infidel-
tices such as “dry” sex,4 which results in tearing and ity from both parties. Clearly, most women cannot
bleeding during intercourse. Forms of rape also initiate condom use for fear of risking violent indig-
multiply the risk of HIV infection. nation and abuse.
Other traditional practices are also causing an in- Even a woman like Mai Esther, with grown-up chil-
creasing risk of HIV infection. For example, in the dren and authority as a community leader who con-
event of a man dying from AIDS, his surviving brother sidered herself to be a moral Christian woman, could
can inherit his young wife. Similarly, an unmarried not have stopped her husband from sleeping with
sister or niece can inherit her late sister’s husband her even if she suspected that he might have HIV.
to enable her to care for the children. Refusal to Indeed, refusing him sex or asking him to use con-
comply with the practice can result in the woman doms might have suggested that she had engaged in
being ostracised or physically abused. extramarital sexual activity in his absence. One day,
Mai Esther did have the courage to ask him to use a
Quite often, women do not know that they have
condom during one of his visits. He reacted with
sexually transmitted diseases because symptoms are
anger and beat her, before abandoning her in favour
hard to detect until the condition becomes more
of the second wife. Because people with the virus
serious. Furthermore, interviews with women at two
appear healthy for some years, Jonasi did not know
health centres in Zimbabwe show that women give
that he was infected.Without access to testing, most
priority to all other responsibilities and pay less at-
men do not know that they are infected – and that
tention to their own health.
they need to protect their wives from it.
In other parts of Southern Africa, traditional practices
Male resistance to condom use and women’s inabil-

ity to negotiate safer sex places women (as well as violence once they know what the choices are. In-
men) at greater risk of HIV infection. formed choice is indeed a possibility in societies such
as Australia or Western Europe where women have
Why do men inflict violence on women? resources and know their rights. Many educational
There are a wide range of factors contributing to resources published in women’s magazines talk about
male violence. Some common reasons include: the right of women to make an informed choice,
whether this is about breastfeeding, treatment, sur-
• history of abuse in one’s own background as
gery or contraceptives. But most rural African
a child
women cannot control how and when they can en-
• witnessed abuse of a family member gage in sexual activity. Their vulnerability to HIV in-
fection increases as a result of their lack of educa-
• knowledge and anger about one’s HIV status
tional opportunities, economic dependence on men,
• use of drugs or alcohol poverty, sexual exploitation, violence and rape.
• fear or insecurity of losing one’s masculine

identity
Constance
Why are women silent?
Constance sat on the veranda of a dusty
The same fear of violence that prevents women from shop at Domboshava, 50 kilometres northeast
asking men to use condoms also limits their capacity of Harare, the capital of Zimbabwe. Her face
to seek HIV/AIDS counselling and testing. In this re- was swollen and there were dry cracks of
gard, health professionals should consider the impli- blood on her nose. Local market women sat
cations of encouraging women to reveal HIV infec- around her. She talked freely and openly about
tion to their partners. Disclosing one’s HIV status how she was assaulted by a soldier the previ-
can lead to accusations of unfaithfulness leading to ous night.
domestic violence.Without adequate counselling and “I refused to have sex without a condom
follow-up, victims of violence live in fear and have and he hit me. First, he used fists, and then he
difficulty adhering to HIV treatment and procedures. hit me on the head with the barrel of his gun,”
Similarly, pregnant women who test positive to HIV she said. The women shook their heads and
fear ostracism and domestic violence if they reveal said that Constance should have known bet-
their status. Since breast-feeding is regarded as the ter than taking on a soldier as a customer for
norm by most African societies, stigmatisation and the night. “But the soldiers from the DRC
abuse affect HIV-infected women who have been ad- (Democratic Republic of Congo) have money.
vised to feed their babies infant formula, if possible, They normally pay on the spot,” said
to avoid mother-to-child transmission. In truth, in- Constance. “I need to feed my two children
fant formula is not an option for most African women back in the village.”
due to unsafe water, unavailability of infant formula For the rest of the evening, I sat with the
or poverty. Under these conditions World Vision and market women and commercial sex workers
the World Health Organisation (WHO) advise (CSWs) at Domboshava. CSWs aged 19 to
women to breast feed, knowing that there is a pos- 45 told varied stories of violence and abuse
sibility that some children will become infected with they experienced during the course of their
HIV.5 work.
Most women do not freely choose to be
The dilemma of informed choice commercial sex workers. Some are forced into
A common Western assumption is that women can prostitution. For others at Domboshava
assume responsibility for the prevention of HIV and Growth Point, it is a choice they make to sur-
vive and save their children from starvation.
But such choices are risky, as demonstrated What strategies have World Vision and other NGOs
by the violence women like Constance expe- used to address men?
rience.The women’s ability to exercise choice
is limited. Women and development:
In rural areas, social norms limit access to historical background
information about sexual matters. Most vil- Gender inequality is a fundamental driving force
lage women accept the high-risk sexual of the AIDS epidemic and therefore must be ad-
behaviour of husbands and are exposed to dressed centrally in responding to the epidemic.7
infection. Mai Esther epitomises the role of
It is a truism to say that during the 1980s, NGOs
most rural women – powerless when faced
and governments underestimated the potential mag-
with male demands. When her husband be-
nitude of HIV/AIDS in Africa. Experts believed that
came violent, she “accepted” this norm. Jonasi
the heterosexual aspect of the pandemic would be
ignored a crucial responsibility to change his
halted if high-risk “transmitters” – such as commer-
behaviour. But how much knowledge of HIV/
cial sex workers, truck drivers and single people likely
AIDS did he have?
to engage in sex with multiple partners – were com-
prehensively targeted. Condom use was encouraged
but not emphasised.8 As an example, World Vision’s
Exclusion of men from successful Uzumba, Maramba and Pfungwe integrated
mainstream programming health, agriculture and child survival project (known
as UMPHWA) in Zimbabwe hardly focused on HIV/
In rural Zimbabwe, as noted above, young men are
AIDS. Women visiting the health centre for family
expected to be promiscuous before marriage.Among
planning purposes received some education on HIV/
young male adults who are sexually active, sex is
AIDS. But at the time, rural women were not con-
usually unplanned and occurs frequently. School
sidered at risk. It took us a decade to see the devas-
leavers engage in sex more as a pastime out of bore-
tating effects of the disease in rural areas.
dom, putting themselves at greater risk of contract-
ing STDs including HIV/AIDS. Generally, by the time Generally, men were excluded from mainstream HIV
young men get married, they have engaged in sexual programming. Reasons included assumptions that
intercourse with at least ten girls.6 women were the most vulnerable to HIV because
their power was much less than men’s; in addition,
Yet, due to their limited knowledge of these diseases,
women were reluctant to discuss sexual issues in
most young men engaging in sexual intercourse are
the presence of men. World Vision worked with
unaware of the consequences of their actions to their
women in development for a number of years. In
partners and to themselves. Furthermore, many young
fact,World Vision and other NGOs have few devel-
men are unlikely to visit a health centre seeking pre-
opment projects in Africa that focus on men.9
ventive material as they find the experience embar-
rassing. Only recently have health centres in Zambia Yet by paying less attention to men, NGOs have in-
and Zimbabwe reserved spaces where youth can dis- advertently allowed violence against women to con-
cuss sexual matters and ask for condoms in private. tinue unchallenged. In the Inkoaranga project in Tan-
zania, as an example, World Vision focused on fe-
In rural-based societies these young men, like their
male sex workers and did not pay enough attention
fathers, control the structures of power over women,
to their male clients.At Domboshava Growth Point
which means they have an important role to play in
in Zimbabwe, local health workers provide educa-
bringing about behaviour change.This gives men the
tion and counselling to women seeking condoms or
opportunity to understand that their change in atti-
treatment for STDs. A survey of men seeking treat-
tudes and behaviour can bring positive results, and
ment at the health centre found that men believed
influence the way HIV is spread.
women were responsible for illnesses to men. On

discovering that he was HIV-positive, one young man his family.
went back to the bar and severely assaulted a young He did not regret beating his wives: he was
woman he had never met before. “It’s women like only doing what is expected of a male bread-
you who spread the virus,” he said. winner in traditional Shona society. He did, how-
ever, apologise for inflicting violence in the form
In Southern Africa, men are at the epicentre of the
of a deadly disease on his two wives. Perhaps
epidemic. Petrosi is too busy running a private taxi
Jonasi was able to articulate his feelings because
business to have direct access to HIV educational
he was vulnerable and powerless.
resources. Furthermore, his aggressive sense of man-
It is clear that preventive education cam-
hood may deter him from seeking information. Sto-
paigns and policy makers did not reach Jonasi.
ries such as those of Petrosi and Jonasi could easily
They failed to provide Jonasi with the educa-
create images of a stereotypical African male – self-
tion and awareness he needed to protect his
ish, controlling, inconsiderate, dominant and with
health and that of his family: he needed to
violent and rapist tendencies. The sad result is that
know that he was engaging in risk taking
women bear the afflictions caused by men’s actions.
behaviour by having multiple partners. Does
By the time a woman gets married, she is most likely
he deserve our anger or our sympathy?
already infected with HIV. Because a person can carry
the virus and stay healthy for years, women usually
discover their HIV status when they are pregnant
or become ill after birth. Being ill and caring for an Ending violence toward women:
infected child places an enormous burden on women. strategic approaches
Interventions cannot be effective without men’s in-
Recommendations
volvement. In Zimbabwe, as we have seen, men have
the power to make decisions to have sex with or Programs seeking to end violence against women
without a condom; women know what is needed to require a strategic and well-coordinated framework
protect themselves, but without the cooperation of that includes many sectors of society at community,
men, they cannot succeed. Men will force their part- national and regional levels. They need to:
ners to submit. • train staff in development projects to focus
NGO programs should not wait until it is too late on empowering women, and to recognise that
to educate men and change their behaviours. It is violence is an unacceptable form of human
important to include men in needs assessment in- rights violation
terventions to understand their beliefs, views, per- • in integrated health programs, view sexual vio-
ceptions and sexual practices. lence as a major health problem
• at the program design stage, conduct gender-

specific surveys to assess the level of violent
Jonasi abuse and build in structures to address it
When I inquired about Jonasi’s character • in communities that practise lobola or “bride
with the people closest to him during his ill- price,” teach men to understand that payment
ness, I was given an image of a most loving of this does not mean that a man “owns” the
father and husband. His two wives and daugh- woman as his property; such a concept un-
ter had nursed him until he died in their arms dermines the ability of a woman to leave a
at home. Jonasi spoke about his beliefs and violent and abusive relationship
sexual practices on his deathbed. “If I knew
about this disease, I would not have engaged • focus advocacy initiatives on empowering
in sex outside my marriage,” Jonasi had told women and girls, counselling and meeting the
needs of victims, liasing with government and and build upon existing structures.
other local institutions
Towards a dialogue with men
• include youth and peer educators in HIV/AIDS
To date,World Vision’s HIV/AIDS projects in South-
programs
ern Africa aim to reduce levels of HIV-related risk
• seek to involve men and engage them in dis- behaviour through community-based education and
cussions to change community beliefs and at- awareness programs.
titudes about women and about how HIV/
While women-only programs are important, exclud-
AIDS is spread; women cannot change sexual
ing men can only continue to make women more
behaviour without the cooperation of men
vulnerable to HIV infection. Dissemination of family
(see following section)
planning methods to men has largely been success-
• improve girl children’s access to formal school- ful in Southern Africa: men were willing to listen to
ing their wives and to health practitioners about having
fewer children. Similar methods of educating men
• develop programs to teach girls about sexu-
can bring about other behaviour changes. Currently,
ality, AIDS, STDs and pregnancy; empower
men have limited knowledge of the HIV virus; they
them with skills to refuse unwanted sex
do not necessarily approve of condoms particularly
• ensure that in development programs women when they want to have children.
have access to adequate health care and HIV/
Educational interventions should begin by seeking
STD prevention services, while expanding vol-
men’s willingness to engage in dialogue, then to ap-
untary HIV testing and counselling services
prove and practice behaviour changes. Conversations
• provide women-friendly services; increase the with men suggest that many men have already gone
availability of condoms in places where women through the stages of knowledge and approval and
are assured of confidentiality are now ready to adopt healthier sexual practices.10
• encourage more research into ways in which In any given culture, masculine identity is constructed
women can be empowered to put prevention in diverse ways. Among the Masai, for example, a
into their own hands: for example, promote man could once prove his manhood by killing a lion.
the use of the female condom and But with the scarcity of lions, Masai men seek other
microbicides in order to prevent infection by ways of defining masculinity. The fact that
HIV as well as other STDs masculinities are subject to change over time indi-
cates that, through advocacy, we can develop alter-
• support local women’s groups and community
native versions of masculine identity that are con-
organisations to create a dialogue with tradi-
ducive to preventing the spread of HIV infection.
tional leaders on issues of violence and HIV
This is an arena where the church can be effective.
• encourage education for boys and men that
An increasing part of HIV prevention programs among
teaches them to respect girls and women; this
youth is an emphasis on sexual abstinence before
way they can adopt responsible behaviours
marriage. For example, in a recent trip to Zambia, I
towards protecting themselves and their part-
was amazed to see teens of both sexes openly speak-
ners from HIV (see following section)
ing about abstinence.These youth were also sharing
and HIV education and awareness information with their
non-Christian peers. Similar youth-led activities are
• promote and strengthen training opportuni-
widespread among congregations in Uganda. In South
ties for women through the provision of mi-
Africa, many churches are campaigning for abstinence
cro-credit and agricultural interventions; re-
before, and faithfulness within, marriage.
view lessons learned from successful projects

Inequality between men and women facilitates the (It is important, however, to assess whether
transmission of HIV; therefore, a commitment to the promotion of men’s participation will
greater social and gender equality is a starting point disempower women; this is a legitimate risk,
in seeking to address the health of both women and because men are already occupying positions
men. At the same time, properly formulated strate- of power and giving them attention could jeop-
gies to include men’s participation can help slow the ardise women’s access to knowledge and re-
spread of HIV/AIDS and other sexually transmitted sources.)
diseases. Men who are aware of their responsibili-
and/or
ties can also help prevent violence against women.
NGOs should now build in new approaches to in- • review current programs of prevention, health
clude men’s participation in the design and imple- promotion and development and increase gen-
mentation of AIDS prevention services. der sensitivity and awareness
Strategies to include men’s It is clear that, at a broader level, similar principles

participation could be applied to NGO programs seeking to fight
poverty, for example:
To reduce HIV transmission rates, prevention pro-
grams should seek better ways to dialogue with men • include men in micro-enterprise projects
in order to engage men to take responsibility for
and
themselves and their partners. Education and com-
munication at the grassroots are key to getting the • encourage and promote men’s role as farm-
message across to men. In developing strategic ways ers alongside women
to give men important information on HIV and AIDS,
programs might: Recommendations for advocacy:
key principles
• develop messages in the mass media to spe-
The President of World Vision International, Dean
cifically target men through radio, television
Hirsch, in his recognition and promotion of Interna-
and newspapers, and through video and pam-
tional Women’s Day on 8 March 2002, announced:
phlets
“World Vision is in a unique position to raise
• encourage use of celebrities and prominent
awareness of women’s issues, advance gender
people to speak out on issues surrounding
equity, and create opportunities for dialogue and
HIV/AIDS, violence and discrimination
action. Our ministry seeks to follow Jesus Christ
• target places where men gather and bring in- in his identification with the poor, the powerless,
formation to them; this could mean entering the afflicted, the oppressed, and the marginalised.
places such as bars, football matches and God bestows equal dignity on all people, regard-
churches less of sex, age or condition.”
• initiate a campaign based on audience analy- • All women have the right to live in freedom
sis; research and monitor responses; and evalu- without suffering from violence and abuse.
ate results
• Men, boys and the whole community have the
• promote the involvement of men in HIV pre- responsibility to combat violence against
vention efforts women.
• increase resources and strengthen existing • Both men and women should have access to
efforts information and resources to allow the prac-
tice of responsible behaviour.
• review existing gender-focused programs and
interventions and seek to include men in them • While acknowledging and respecting social and
cultural diversity, there should be a universal services; liaise with other local groups and
approach to condemn sexual violence and to NGOs to initiate training programs related
provide survivors with appropriate counsel- to HIV and sexual violence
ling and care.
• call for more research and systematic ap-
Advocacy and programming proaches to the integration of men
Clearly, while operational NGOs primarily focus on • include in program design efforts to counter
individual behaviour change, civil society institutions discrimination and stigma associated with HIV/
should also scale up policies and actions in order to AIDS
reduce the spread of the epidemic. Recommenda-
and
tions for World Vision and other NGOs’ advocacy
and programming include: • scale up efforts to challenge dominant and
oppressive current norms responsible for vio-
• in partnership with World Vision’s Gender
lence against women and for causing an in-
Network, develop a World Vision Partnership-
crease in the AIDS epidemic.
wide policy on HIV and sexual violence.
• through World Vision’s Hope Initiative, advo- Closing

cate to promote an environment conducive Today, the challenge is to develop strategies to in-
to social change through the development of volve men and increase their participation in ending
new partnership policies to combat HIV in- violence against women. Clearly, women cannot
fection and violence against women (This can change traditional attitudes without the support of
only be enhanced by scaling up HIV/AIDS ad- men. While listening and responding to women’s
vocacy and programming.) concerns, World Vision should design programmes
with a specific intent to create opportunities for men
• in collaboration with World Vision’s Hope ini-
to speak about their concerns. It is important that
tiative,11 develop systems and policies to sup-
we seek to promote dialogue between men and
port people experiencing sexual violence; en-
women. In rural Southern Africa, encouraging men’s
courage HIV testing and counselling for
participation has the potential to help communities
women, and safeguard confidentiality
understand the negative impact of violence and help
• through community advocacy, develop re- them bring about behaviour change. Through direct
source materials/pamphlets for survivors of interaction and participation, men can learn to ac-
sexual violence and those at risk; resources knowledge that violence and high-risk behaviours
should include information on the connections not only hurt women, they also negatively affect the
between HIV and sexual violence, the risks, fabric of society and undermine development.
HIV testing, and counselling procedures
Acknowledgement
• within HIV/AIDS programs, develop initiatives
I wish to thank staff and HIV/AIDS coordinators in
related to combating sexual violence; promote
World Vision Zimbabwe, Mozambique and South Af-
sharing of ideas through training of trainers,
rica for their support during the research for this
peer-support and focus groups, educational
paper. I also want to thank The Musasa Project, a
resource materials, seminars, forums and
women’s refuge centre in Harare for access to their
workshops
research and files. Above all, I want to acknowledge
• through community development, include par- the openness of the women and men who were will-
ticipation of traditional leaders, local governing to share their personal stories, hoping that through
ment representatives, women’s groups, dialogue, we can begin to address our problems with-
churches, health workers, teachers and police out guilt or blame.There is hope in working together.

6
Interviews with ten men between the ages of 20
References and 25 at Domboshava Growth Point, Zimbabwe,
1 2002.
Interview with Petrosi and Jane, Tembisa, South
Africa, 17 January 2002. 7
Peter Piot, Executive Director of the Joint United
2 Nations Programme on HIV/AIDS (UNAIDS),
For a fuller account of men’s role in increasing the
http://www.unaids.org/index.html, 5 June 2000.
spread of HIV/AIDS, see South African Soccer, De-
cember 2001/January 2002, Vol. 2, No. 6, pp. 72– 8
Sekai Nzenza Shand, Nkoaranga HIV/AIDS Review
74. (World Vision Australia in partnership with World
3 Vision Tanzania), September 1995; and Tamara
A recent court order requires the government to
Kwarteng & Tim O’Shaughnessy, Arumeru HIV/AIDS
provide nevirapine to reduce mother-to-child HIV
Prevention Project (World Vision Australia), 1999,
infection.
an evaluation report which has some excellent
4
Avoidance of any lubricants, including the removal recommendations.
of vaginal secretions. Further background infor- 9
An overview of HIV/AIDS prevention projects in
mation including reasons for the practice can be
East and Southern Africa show a strong focus on
found at: http://www.rho.org/html/hthps-b-
women. The truck drivers’ project is, however, a
02.html#drysex
good example of targeting men.
5
About 30–33% of HIV-infected women pass the 10
Meetings with the male congregation at Jeche Pri-
disease to their children: roughly 60% of the time
mary School, Zimbabwe, 2002. Similarly, men in a
during pregnancy and birth and 40% through breast
Rwandan project at Gikongoro were very open
feeding. Concerning World Vision communities, Dr.
to dialogue, September 2000.
Hector Jalipa relates that “If we take babies off
breast milk and bottle-feed them, the rate of deaths 11
The Hope Initiative is a major World Vision pro-
would be around 60 per cent.” Reported in Nigel gramme with objectives of HIV/AIDS prevention,
Marsh, Though HIV may be in Mothers’ Milk, World care for people affected by AIDS (such as people
Vision Africa Affirms the Breast, Internal World Vi- living with AIDS, their family members, and AIDS
sion International communications document, orphans), and advocacy for HIV/AIDS program-
November 1998. ming.
Commercial sexual exploitation of children:
How extra-territorial legislation can help
Sara L. Austin
Introduction mitted sex offences abroad. Five countries in the

Millions of boys and girls are trapped in sexual ser- developed world that have enacted extra-territorial
vitude, victims of what is rapidly becoming the most legislation to halt the sexual exploitation of children2
profitable criminal activity after drug trafficking. are highlighted.
Whether this happens in their own homes and com- The complex nature of gender-based violence, which
munities, or whether they are trafficked within their certainly affects and exacerbates the commercial
own country or across international borders, these sexual exploitation of children, is briefly examined.
children experience multiple forms of exploitation This paper also highlights more broadly the need to
at the hands of those who seek to abuse them for protect children from all forms of sexual exploita-
sexual purposes.They experience physical, emotional, tion, as this in turn has a protective influence through-
and psychological trauma, become vulnerable to out their full life cycle in reducing their vulnerability
contracting sexually transmitted diseases including to forms of commercial sexual exploitation.
HIV/AIDS, and are economically exploited.“It is pain-
ful to contemplate that, unlike illegal drugs, women Section 1 of this paper outlines both the scope and
and children are often sold again and again. Their the nature of the problem, then examines the inter-
abuse and pain are multiplied as the transactions national social and legal context, and concludes with
increase.” 1 a detailed discussion of the need for strategic legal
response to the commercial sexual exploitation of
One key component to action against commercial children. Section 2 provides case studies on five coun-
sexual exploitation is legislative reform to criminalise tries whose nationals commit sexual offences against
these activities, to make it possible to prosecute children while abroad, outlining each nation’s ap-
offenders no matter where they commit such of- proaches to domestic and extra-territorial legisla-
fences or where they currently reside. While legal tion, and highlighting strengths and weaknesses of
action is only one means among many of addressing their legal systems for addressing this problem as
the problem, it is critical in helping create an inter- well as their success in implementation.A compara-
national social and political climate where the com- tive analysis of those five countries follows. Section
mercial sexual exploitation of children will no longer 3 provides conclusions and recommendations.
be tolerated, and where there is no impunity for
offenders. When implemented within the context Section 1:
of a comprehensive, multi-dimensional strategy to Scope and nature of the problem
promote human rights, the enactment and enforce- Determining the scope of commercial sexual ex-
ment of national and extra-territorial legislation ploitation of children has proven to be fraught with
against commercial sexual exploitation can be enor- difficulty, in that the very nature of the crime typi-
mously effective in ensuring children’s protection. cally keeps it hidden.Whether trapped in back rooms
The intent of this paper is to draw greater attention of brothels or massage parlours, hotel rooms or back
to the actions taken by select countries to target alleys, these children remain invisible to the public.
commercial sexual exploitation of children through Those who control these children can thus continue
legislative reform. These countries have taken legal to exploit them with reckless abandon.
action against their own nationals who have com- Methods for estimating the number of children
Commercial sexual exploitation of children: How extra-territorial legislation can help 39

trapped in the commercial sex industry, whether at power relationships, determined by the social
the local, national, regional or global level, have var- roles ascribed to males and females, almost al-
ied greatly. Facts and figures are at best “approxi- ways and across all cultures disparately impact-
mate and anecdotal, calculated on the basis of the ing women and children. Violence may be physi-
horror of field workers who have seen far too many cal, sexual, psychological, economic, or socio-cul-
children trapped in prostitution or suffering the con- tural.7
sequences, and on the partial surveys and studies –
A motivation and desire for power and domination
all using different methodologies, sample bases and
is often at the root of gender-based violence,8 so
extrapolation formulae – that together show with-
any efforts taken to combat the exploitation of chil-
out a doubt that there are more than a million chil-
dren for sexual purposes must have at the very core
dren caught in commercial sex, though (there is)
of its strategy a plan to address the imbalance of
little hope of ever knowing exactly how many.” 3
power between men and women, and between adults
One of the most horrific implications of the absence and children. As such, strategies to address gender-
of empirical data is that it has allowed governments based violence must seek to transform structures
to deny that this phenomenon exists within their and systems that have typically disempowered
boundaries,4 thus compounding the obstacles to ad- women and children. Moreover, law enforcement
dressing the issue. The need for accurate and reli- bodies must be adequately equipped to deal with
able data that is disaggregated by age and sex is ab- the gender dynamics of the commercial sexual ex-
solutely critical in order to design strategic pro- ploitation of children, and the disproportionately high
grammes and policies to eliminate commercial sexual number of girls affected and male perpetrators.9
exploitation of children.
The Declaration against Violence against Women,
In addition to the hidden nature of the problem, adopted by the United Nations General Assembly
another complexity in measuring the scope of com- in 1993, and the Platform for Action from the UN
mercial sexual exploitation of children remains the Fourth World Conference on Women in Beijing in
myriad definitions of “child” and “commercial sexual 1995, are critical international policies that specifi-
exploitation”.This paper uses internationally agreed- cally address gender-based violence.They recognise
upon definitions: the term “child” (or children) re- it as a violation of women’s and children’s human
fers to any person below the age of 18,5 and the rights, and “as a form of discrimination that prevents
term “commercial sexual exploitation” refers to child them from participating fully in society and fulfilling
prostitution, child pornography and trafficking of their potential as human beings.”10 These, and other
children for sexual purposes.6 conventions such as the Convention on the Elimina-
tion of all forms of Discrimination Against Women
International social context (CEDAW) and the Convention on the Rights of the
Gender-based violence Child (CRC),11 must continue to be used at local,
national, and international levels to frame all efforts
The commercial sexual exploitation of children must
to eliminate the commercial sexual exploitation of
be understood within an international social con-
children, because they seek to address the wider
text that still tolerates and perpetuates gender-based
structures that condone and perpetuate gender-
violence. “Gender-based violence” is generally un-
based violence.
derstood to be:
…an umbrella term for any harm that is perpe- Supply and demand
trated on a person against her/his will, and that Socio-economic forces influence both the supply of
has a negative impact on the physical and/or psy- and demand for sex with children, otherwise known
chological health, development, and identity of the as the “push” and “pull” factors.Vast resources have
person. The violence is the result of gendered been invested in recent years into research relating

to the “supply” side, and into initiatives addressing erential offenders.” A situational offender is some-
root causes of children’s vulnerability to commer- one who does not have a sexual preference for or
cial sexual exploitation. While this chapter cannot predisposition to have sex with children. A prefer-
address the scope of these issues in great detail, it is ential offender, on the other hand, is someone who
important to consider in general terms some criti- has a specific sexual preference for sex with chil-
cal factors “pushing” children into exploitative situ- dren.14
ations. Commonly recognised factors include:
Situational offenders can be classified as either “sexu-
• poverty ally indiscriminate”15 or “morally indiscriminate,” but
both groups typically engage in the criminal activity
• social dislocation
of sex with children without necessarily feeling any
• family breakdown real sexual attraction towards them.16 Situational of-
fenders may be more prevalent in a transient tour-
• prior experiences of sexual victimisation
ist population than preferential offenders,17 and tend
• homelessness to be the hardest to identify and prosecute as they
typically lead “normal” lives, maintaining relationships
• ignorance
with their wives or girlfriends, children and friends.18
• consumer and peer pressure What is most important to recognise in the con-
text of this paper is that “the criminal activity of
and
situational abusers can only be mitigated by the law;
• cultural traditions such men cannot be ‘treated’; the only response to
their crime is punishment.”19
Clearly a considerable amount of overlap exists be-
tween each of these broad categories, and substan- Preferential offenders are typically attracted to a
tial documentation of the interplay between the specific age and gender of children, and are more
“push” factors can be found elsewhere.12 It is suffi- likely to prefer boy victims rather than girls.20 There
cient to state that these factors must be considered are conflicting opinions regarding whether this group
in relation to one another in developing a compre- of offenders is evenly represented across the eco-
hensive policy and programmatic response. nomic spectrum or is more commonly represented
by one socio-economic group, so further research
What is essential to this discussion is that every ef-
in this specific area would be helpful. Paedophiles fit
fort must be taken “to criminalise the commercial
within the category of preferential offenders, as they
sexual exploitation of children in all its forms and in
“are sexually attracted to children below the age of
accordance with the relevant international instru-
puberty – in clinical definitions, they are considered
ments, while not criminalising or penalising the child
to be sexual deviants who target children under the
victims.”13 Indeed, there must be a shift away from
age of 13. Their behavioural patterns are well docu-
criminalising children that have been victimized, to
mented and these patterns can therefore be recog-
taking firm legal action against those who create a
nised and intercepted.”21
demand for sex with children, and addressing much
more seriously the various factors that lead adults Very little reliable data exists concerning the effi-
to perpetrate such horrific offences. Again, it is im- cacy of psychological treatment and legal punish-
portant to keep in mind the underlying element of ment of preferential offenders. Much more research
gender-based violence as we seek to understand the is necessary with regard to developing effective
profile of those who sexually exploit children. methods for reducing rates of recidivism (repeat
abuse) – which, in conjunction with increased ef-
Two basic categories of adults who commercially
forts to identify and intercept potential offenders
sexually exploit children are those considered to be
before they exploit children, are critical in reducing
“situational offenders,” and those considered “pref-
the vulnerability of children to abuse.

Much more information exists about the specific With regard to international law, the treaties most
characteristics of situational and preferential offend- relevant to the commercial sexual exploitation of
ers, but it lies well beyond the scope of this paper. children include the Optional Protocol to the Conven-
Suffice to say that the approach of identifying and tion on the Rights of the Child (CRC) on the Sale of
responding to offenders and their actions, must be Children, Child Prostitution and Child Pornography (2000);
specifically tailored to the category of offender. In- International Labour Organisation (ILO) Convention
deed, “grouping together preferential abusers and 182 Concerning the Prohibition and Immediate Action
situational abusers under-plays the possibility that a for the Elimination of the Worst Forms of Child Labour
man who has otherwise normal relations with adult (1998); and a Protocol to Prevent, Suppress and Punish
women might also be abusing minors.”22 At the same Trafficking in Persons, especially Women and Children,
time, one basic commonality is found between these supplementing the UN Convention against Transnational
two categories of offenders:“a disregard for the iden- Organised Crime (2000).26
tify of the child as a person. To them a child is a
Because the commercial sexual exploitation of chil-
commodity, a means to an end, something to be
dren is intrinsically linked with the trafficking of
used.”23
women and of children,27 all three areas require fur-
While men have typically represented (and remain) ther attention with regard to gathering and utilising
the vast majority of those who commit commercial data that is disaggregated by age and sex. In research
sexual offences against children, recent studies and documenting the coercion of women into prostitu-
cases have shown that women are increasingly in- tion, for example, it has been common practice to
volved both as child sex tourists, and as “accom- report figures on ages between 16 and 24, without
plices” in the recruitment, procuring, and pimping of regard for the fact that those falling within the age
children.24 bracket of 16–17 years are still considered children
under the CRC.28 Thus, the scope of the impact of
International legal context commercial sexual exploitation on girls is masked
In attempting to tackle the commercial sexual ex- by indiscriminate or undifferentiated data.This means
ploitation of children through legal means, it must that it will continue to prove extremely difficult to
be recognised that there are both national and in- deal with the problems specific to the distinct areas
ternational legal mechanisms in place regarding this of trafficking of women, trafficking of children, and
type of offence. the commercial sexual exploitation of children.
Moreover,
International law can be defined as:
…in the case of adults, the human rights approach
The legal principles governing the relationships
– the recognition of the right to make informed
between nations; more modernly, the law of in-
decisions and choices, even if this includes the
ternational relations, embracing not only nations
choice to remain in exploitative situations – will
but also such participants as international
continue to be an issue of debate and has to be
organisations, multi-national corporations, non-
considered in program intervention. In the case
governmental organisations, and even individuals
of children, the international consensus is to with-
(such as those who invoke their human rights or
draw them from exploitation without delay. Ac-
commit war crimes). – Also termed “public inter-
tion to combat the trafficking of children can and
national law”;“law of nations”;“law of nature and
should be part of action to combat the traffick-
nations”;“jus gentium”;“jus gentium publicum”;“jus
ing of adults.29
inter gentes”; “foreign-relations law”; “interstate
law”; “law between states” (the word “state” in Another key international legal tool that must be
the latter two phrases is the same as nation or considered in more detail is Article 34 of the CRC:
country).25
State Parties undertake to protect the child from

all forms of sexual exploitation and sexual abuse. for the prosecution of individuals for genocide, war
For these purposes, State Parties shall, in particu- crimes, crimes against humanity, and crimes of ag-
lar, take all appropriate national, bilateral, and gression; moreover, “among the many offences in-
multilateral measures to prevent: cluded within the scope of war crimes and crimes
against humanity are rape, sexual slavery and en-
• the inducement or coercion of a child to en-
forced prostitution.”34 Provisions within the Rome
gage in any unlawful sexual activity
Statute protect the “safety, physical and psychologi-
• the exploitative use of children in prostitu- cal well-being, dignity and privacy of victims and wit-
tion or other unlawful sexual practices nesses.”35
• the exploitative use of children in porno- In order for the ICC to be put into place, 60 coun-
graphic performances and materials. tries needed to ratify the statute. By 11 April 2002,
66 countries had ratified, allowing for the Court to
Implications of this Convention in regard to the re-
come into full force on 1 July 2002. Jurisdiction of
sponsibilities of State Parties will be discussed fur-
the ICC includes crimes committed by nationals
ther in the following paragraphs relating to national
whose governments have ratified the Rome Statute,
laws. One last point concerning international law is
as well as the territories of those governments.36
to note that, in addition to these key policies, in 1990
The jurisdiction of the ICC is complementary to
the United Nations mandated the appointment of a
that of national jurisdictions, in that it gives the party
Special Rapporteur of the Commission on Human
states “primary responsibility and duty to prosecute
Rights on the Sale of Children, Child Prostitution
the most serious international crimes, while allow-
and Child Pornography to examine, monitor, and
ing the ICC to step in only as a last resort if the
report on these forms of human rights violation.30
states fail to implement their duty – that is, only if
National law – which can be defined as “the set of investigations and, if appropriate, prosecutions are
rules or principles dealing with specific areas of a not carried out in good faith.”37
given legal system”31 – can also provide useful mecha-
The ICC will indeed provide much-needed interna-
nisms within the international legal system with re-
tional legal enforcement mechanisms to ensure that
gard to prosecution of those who commit commer-
those who commit crimes, such as the sexual ex-
cial sexual offences against children. Each state party
ploitation of children through sexual slavery, will be
to (each nation that has ratified) the CRC is required
held accountable. Furthermore, “the ICC will help
to set in place appropriate laws and social services
ensure that these serious crimes, long recognised
in order to prevent such abuse.32 Where there are
and abhorred by the international community, no
gaps in a certain country’s legislation or implemen-
longer go unpunished because of the unwillingness
tation, or where such laws do not even exist, some
or inability of individual countries to prosecute
states have developed extra-territorial legislation to
them.”38
prosecute their own nationals who commit offences
abroad, the rationale being “that child-sex offenders Another critical tool to support national legislation
should not escape justice simply because they are in is the Stockholm Declaration and Agenda for Action,
a position to return to their home country.”33 Cur- which was issued in 1995 at the first World Con-
rently, a total of 32 countries have adopted extra- gress Against the Commercial Sexual Exploitation
territorial legislation (see Annex). of Children.While not legally binding, the Agenda for
Action determined to accomplish two major goals
In addition to the aforementioned international le-
by 2000:
gal instruments, on 17 July 1998, the statute outlin-
ing the creation of the International Criminal Court • to identify/establish national agendas/plans of
(ICC) was adopted at an international conference action against the commercial sexual exploi-
in Rome. The Rome Statute, as it is known, allows tation of children

and receive a measure of the justice they deserve and
can be better protected from further abuse.43
• to identify/establish national focal points and
collect disaggregated data on the commercial This is not to say that enacting and enforcing laws
sexual exploitation of children. on the commercial sexual exploitation of children
will bring an end to all forms of such abuse. UNIFEM’s
All states parties that participated in the first World
Internet Working Group to End Violence Against
Congress agreed unanimously and signed onto the
Women argues that
Declaration and Agenda for Action, though since that
time many have not fulfilled their commitment to The effectiveness of legal strategies for prevent-
develop their own National Plans of Action. While ing and responding to violence should be seen in
no specific monitoring mechanisms were put in place, the context of the status of the rule of law. Ab-
to some extent the UN Special Rapporteur on the sent of the rule of law, strategies for law reform
Sale of Children, Child Prostitution and Child Por- or advocacy in the courts will have limited effect
nography, and the Committee on the Rights of the on women’s lives. Laws on violence against
Child were able to assist with monitoring.The inter- women will lack legitimacy and the supporting
national non-governmental organisation ECPAT39 has framework of legal and political institutions. In
played a significant role in monitoring the actions of such circumstances, laws cannot be enforced to
governments in implementing the Declaration and protect women against violence in a manner con-
Agenda for Action, primarily through their publica- sistent with human rights.44
tion of annual reviews of progress. There has also
While these comments refer specifically to legisla-
been some success in legal reform, and there are
tive reform regarding violence against women, the
indications of increased cooperation and coordina-
same reasoning holds true for other forms of gen-
tion between national law enforcement agencies and
der-based violence, including crimes relating to the
Interpol,40 which is reflected to some extent in the
commercial sexual exploitation of children.
case studies in Section Two.
Moreover, effective legislative reform is not possible
Why focus on a legislative response? unless it takes into consideration and utilises research
While elimination of the commercial sexual exploi- and other advocacy tools of organisations working
tation of children requires a multi-faceted response, directly with children affected by this exploitation. If,
the central importance of a legislative response is on the other hand, a legislative response is taken in
that the “law embodies the social contract and can conjunction with broader efforts such as public edu-
catalyse social change by sending a clear message cation, advocacy campaigns, information sharing, and
that violence against women [and children] will not networking, then systems and structures that have
be tolerated.”41 As a member of UNIFEM’s Internet condoned and supported gender-based discrimina-
Working Group on Violence Against Women pointed tion can be shamed and/or transformed.The follow-
out,“The criminal justice system response has clearly ing section addresses the specific legal reforms un-
played a role in educating the public on what is and dertaken by five industrialised countries in relation
is not acceptable in our local community.”42 to the commercial sexual exploitation of children.
A legislative response is absolutely critical, first to Section 2: Case studies

end impunity for offenders, and second, to commu-
This section outlines the history of extra-territorial
nicate a message to the wider public that commer-
legislation in five industrialised countries, highlights
cial sexual exploitation of children will not be toler-
the strengths and weaknesses of current legislation,
ated. When national and international laws reflect
and makes note of specific cases associated with im-
the reality of those who have been exploited and
plementation of these laws. Canada, the United King-
abused, and when those laws are fully implemented,
dom, Australia, the United States of America, and
women and children who have suffered so terribly

Germany have been selected as case studies in or- child prostitution and child sex tourism.51 Working
der to focus on a phenomenon in which children in partnership with Canadian and international law
are exploited by those with the capital and freedom enforcement agencies, CISC seeks to make the com-
to travel abroad, and the power to exploit those mercial sexual exploitation of children a priority is-
who are more vulnerable. sue within the law enforcement community.52
Canada To date, no charges have ever been pursued under

the amended Section 7 of the Criminal Code. In
In May 1997, Bill C-27, An Act to Amend the Criminal
March 2001, Bill C-15, also known as the “Omnibus
Code, came into force in Canada. The amendments
Crime Bill” or the Criminal Law Amendment Act, was
to Section 7 of the Criminal Code were made to
tabled in the Canadian House of Commons.The Bill
extend the jurisdiction of Canadian courts to in-
proposed new provisions in the Criminal Code that
clude acts of sexual exploitation (both commercial
sought to protect children from sexual exploitation
and non-commercial) of children committed by Ca-
involving the Internet, and to strengthen the legisla-
nadians abroad, including child sex tourism. Section
tion on non-commercial sexual exploitation by re-
7 (4.1), (4.2), and (4.3) stipulates that Canadians or
moving the procedural requirement for a formal
permanent residents of Canada could be charged
request from the foreign country in which the crime
for sexually abusing children45 through such means
was committed.53 At the time of writing, the Bill had
as child prostitution, indecent acts, child pornogra-
not yet come into force.
phy, and incest, while outside of Canada.46 The pur-
pose of the legislation was “to deter Canadians from In addition to federal legislative reform, various ini-
engaging in the sexual exploitation of children in for- tiatives at the provincial level also increased the lev-
eign countries, to encourage other countries to en- els of protection afforded to children from sexual
force their own laws to combat child sex offences, exploitation. Additionally, the Consular Division of
and to provide a means of prosecuting Canadians who the Department of Foreign Affairs and International
have committed child sex offences in other countries Trade produced a travel brochure entitled What No
but have avoided prosecution in that country.”47 Child Should Endure, in order to raise travellers’ aware-
ness of Canada’s legislation on child sex tourism.54
Bill C-27 also made provisions for special protec-
While over 10,000 copies of the brochure were dis-
tion of children during their testimony. Section 7
tributed worldwide, there is cause for concern that
(15.1) provides that a videotape of a child victim’s
there is still a very low level of awareness amongst
evidence may be admissible even when the child
law enforcement agencies, as there have been no
witness no longer remembers all of the details of
successful prosecutions.
the offence. Section 486 (2.1) makes provisions for
a child to testify from behind a screen or outside United Kingdom55
the courtroom by using closed circuit television.48
The UK was one of the last countries in Europe to
There are also provisions for a support person to
pass extra-territorial legislation, having justified the
be with child witnesses, under Section 486 (1.2), and
delay by arguing that the legislation would be too
for affirming the competency of child witnesses (un-
difficult to implement.56 The Sex Offenders Act was
der the age of 14), under Section 16 of the Canada
passed in 1997, under substantial pressure from
Evidence Act. In addition, the amendments to Bill C-
ECPAT International and the Coalition on Child Pros-
27 and other acts49 provide for the gathering of evi-
titution and Tourism. This legislation provides for
dence and witnesses’ testimony outside of Canada
prosecution in the UK of Britons who sexually abuse
through the use of video and audio-link technology.50
children while overseas. If convicted, offenders are
In 1998, the Criminal Intelligence Service Canada then listed on the Sex Offender Register.
(CISC) initiated a national coordinated law enforce-
The first successful conviction under this law was of
ment strategy that focused on child pornography,
a 64-year-old campsite owner who abused British

children in France; he was sentenced to three years 4. Challenges associated with trying to establish
in prison. This case is unusual in that the assaults the age of foreign children with any precision
were upon British children abroad, and it has been
5. The fact that as of January 2000, there had
argued that this in fact made a successful prosecu-
not been any requests for assistance from any
tion easier as it was less costly and labour-intensive
governments in South and South-East Asia (ar-
to pursue the investigation than it would have been
eas where there was a high probability that
in a case involving foreign children who lived fur-
offences might be occurring)
ther abroad.57
6. All transnational investigations have been
The main weaknesses of this legislation included:
lengthy, cumbersome and expensive.
• Citizens of the UK who have been convicted
In 2001, The Sex Offenders (Notice Requirements) (For-
overseas, and subsequently spent time in
eign Travel) came into force.This regulation was origi-
prison but then returned to the UK, were not
nally a part of a consultation paper, but then en-
required to register.
tered into force at the end of the consultation pe-
• Foreign nationals convicted overseas and who riod. The main aim of the regulation was to amend
came to the UK were not required to register. the Sex Offender Register, in order that police would
be informed of sex offenders from the UK who trav-
• Convicted offenders did not have to notify the
elled abroad, allowing them to inform relevant au-
authorities of any intention to leave the UK
thorities in the country of destination to take pre-
(now addressed by The Sex Offenders (Notice
cautionary measures to protect children. The regu-
Requirements) (Foreign Travel Regulations 2001);
lation also stipulates that UK sex offenders travel-
see below).58
ling overseas for eight days or more must give no-
The most significant obstacle to prosecution was tice in person to the police at least 24 hours prior
that the legislation required that the offence be rec- to departing from UK. Giving such notice entails pro-
ognised as a crime in both the foreign country and viding police with the date of departure from the
the UK. This double criminality requirement pre- UK, specifying the country (or countries) to which
vented prosecution of offenders if there was no such the offender is travelling, and stating the point of
law in the foreign country concerned. One example arrival.
of the loophole created is a case in which a British
The major weaknesses of The Sex Offenders (Notice
national sexually abused boys in Nepal.The case was
Requirements) (Foreign Travel) are that offenders:
dismissed because Nepal did not have similar legis-
lation against sexual abuse of children.59 • only have to give notice if leaving the UK for
eight days or more61
The Association of the Chief of Police Officers in
the UK provided a list of other factors making it • are encouraged, but are not legally obliged, to
difficult to investigate and secure convictions for child give the police the fullest possible details of
sex tourism by British nationals: 60 their travel plans
1. The high cost generated by pursuing extra- and

territorial prosecutions
• only have to register with the police eight days
2. The fact that it is easier to get convictions on after they return to the UK (yet under the
grounds of possession and distribution of child Sex Offender Register, offenders must regis-
pornography ter within 72 hours).
3. The difficulty associated with tracing children In July 2001, the Home Office published a consulta-
in Third World countries tion paper on the review of Part 1 of the 1997 Sex
Offenders Act. Its main proposal was to enact an

Order to Register a Sex Offender (ORSO), which to young children, and the court must send
would apply to UK and foreign nationals convicted out a message of determination against people
of sex offences overseas who decide to come to who perform acts on ones so young.”
the UK. This aimed to close two loopholes in the Towner had previously pleaded guilty to
1997 Act so that: 14 charges, including having had sex with a
girl under the age of 13.
• UK nationals convicted overseas and who had
Source: CNN, “UK Court Jails Man for
spent time in prison overseas would now be
Cambodian Child Sex,” http://www.cnn.com,
required to register upon return to UK, and
18 June 2001, in Nuon Rithy Niron, Yit Viriya
• Foreign nationals convicted overseas and who and Laurence Gray, Children’s Work, Adult’s Play:
had spent time in prison overseas would now Child Sex Tourism, the problem in Cambodia,
be required to register upon arrival in UK. World Vision International, 2001.
Weaknesses of the ORSO include:
• Its method for registration is flawed, in that

Over the past five years, police authorities have ar-
registration occurs in ad hoc manner. Instead
rested 30 Britons on charges of sexually exploiting
of police having to apply to a magistrates’ court
children worldwide. Of the 30 charged, three were
for an ORSO, offenders should be required
convicted in the UK for offences in France, Cambo-
to register as soon as they enter the UK.
dia and the Philippines, and 11 were convicted abroad,
• the time-consuming process of police having including three in the Philippines, two in Cambodia,
to prove that the person was convicted over- two in Thailand, one in India, one in Japan, one in
seas for a sex offence before being able to Romania, and one in the Czech Republic. One of
obtain an ORSO the men convicted in the UK was Durham Wragg,
in January 2001, for child pornography made whilst
• ORSO only applies to convictions on or after
in the Philippines. Wragg was charged with smug-
1 September 1997.
gling, possessing and taking obscene pictures of boys
that were then made into films.
Australia
Sending “a message of
Extra-territorial legislation concerning child sex tour-
determination”
ism was first introduced in Australia in 1994, when
In June 2001, Mark Towner, a 52-year-old
the Commonwealth Parliament passed the Crimes
man from Kent, England, was sentenced un-
(Child Sex Tourism) Amendment Act.This Act introduced
der the 1997 Sex Offenders Act to eight years
a new “Part IIIA – Child Sex Tourism” into the Crimes
in prison for sexual offences he committed
Act, covering a broad range of sexual activities com-
against two Cambodian girls while on a busi-
mitted overseas with children under the age of 16.62
ness trip in May 2000. Recent research indi-
The Act stipulates that to be held liable,
cates that British men are among the most
frequent abusers of Cambodian children. …the offender must have been, at the time of
Towner was prosecuted for having hired the alleged offence, an Australian citizen or resi-
two 7-year old girls for sex, and for having dent; a body corporate incorporated under a law
taken photographs of himself having sex with of the Commonwealth, a State, or Territory; or a
the children and then sending the images to body corporate that carries on its activities prin-
Britain by e-mail. cipally in Australia.63
Judge Warwick McKinnon, in issuing the
While the legislation does not require that the of-
sentence, told Towner that he was “a danger
fence be commercial in nature, it does specifically

Critical role of child protection
At the Third Hearing of the International Tribunal for Children’s Rights, in Sri Lanka in 1999, Roger
Walker of World Vision Myanmar, Naly Piorge of LICADHO and Khou Akha of the Cambodian
Centre for the Protection of Children’s Rights spoke of a case involving an Australian national who
allegedly sexually exploited two Cambodian street children. It took two years to bring the case to
court in Australia, where the children were taken to testify against the defendant. The children were
apparently subjected to “long periods of aggressive cross-examination in an environment that was
alien to them”, and “were even unsure about who the defence lawyers were during the committal
proceedings”. The case ended up being dismissed, the accused was acquitted, and the children were
returned to Cambodia having been even further traumatised by the entire process. So while much
has already been done to protect children through the enactment of extra-territorial legislation in
countries such as Australia, much more must be done to ensure that all actions taken are in the best
interests of the child.
Source: Global Report: International Dimensions of the Sexual Exploitation of Children67
“target those who assist, organise, or benefit from in considering this defence, the jury may con-
‘child sex tourism’.”64 The legislation makes it an of- sider the reasonableness of the alleged belief
fence to:65 (Crimes Act, s50CD)
• engage in sexual intercourse with a child un- or

der 16, while outside of Australia (Crimes Act,
• the child was genuinely married (Crimes Act,
s50BA)
s50CD).
• induce a child to engage in sexual intercourse
The Australian legislation includes a number of
with a third person outside of Australia
strengths worthy of mention. For one, the legisla-
(Crimes Act, s50BB)
tion is fairly comprehensive and has stiff penalties
• participate in sexual conduct, such as inde- for offenders. It also does not have a double
cency, involving a child under 16 while out- criminality requirement, thus making prosecution
side of Australia (Crimes Act, s50BC) possible regardless of whether the country in which
the offence was committed actually regards it as an
or
offence. The legislation recognises the evidentiary
• act or omit to act, whether within Australia or problems of extra-territorial prosecutions, and thus
not, with the intention of benefiting from, or has provisions for utilising video-link evidence, and
encouraging, such an offence; examples include allows prosecutions to be successfully pursued with-
advertising an offer to assist a person to com- out any reference to overseas or child witnesses
mit an offence (Crimes Act, s50DA and 50DB). when sufficient evidence exists within Australia –
both of these provisions indicating sensitivity towards
Penalties for committing the aforementioned of-
child victims and child witnesses.68 The legislation
fences are strict, with imprisonment ranging from
also contains a forfeiture provision, allowing the gov-
12 to 17 years. It is, however, possible to defend
ernment to seize any profits generated by child sex
such charges, in cases where:66
tourism.
• the defendant believed at the time of the
The most significant weakness of the Crimes Amend-
sexual intercourse or act of indecency that
ment Act is that it only protects children aged 16 or
the child was 16 or over (Crimes Act, s50CA);

younger. This falls short of the optimal standard of The Crime Bill, also known as Act “Title 18 USC Sec.
under 18 set by the CRC. 2423 – Transportation For Illegal Sexual Activity and
Related Crimes,” was passed on 1 September 1994
In regard to implementation of the legislation, the
by the US Congress.The original intent of the Crime
Government has demonstrated positive collabora-
Bill was to prevent the transport of women across
tion with non-governmental organisations (NGOs).
state lines for sexual purposes. Relating to the sexual
In addition to the work of the Australian legislative
exploitation of children, “USC 2423b – Travel With
authorities, NGOs have played a significant role in
Intent To Engage in Sexual Acts with a Juvenile” reads:
the formulation, execution, and enforcement of strat-
egies to prevent sex tourism.The media, under pres- A person who travels in interstate commerce or
sure from NGOs, has devoted broad coverage to conspires to do so, or a United States citizen or
the actions of Australian sex tourists abroad, thereby an alien admitted for permanent residence in the
educating the public on the issue. While the legisla- United States who travels in foreign commerce
tion has proven to be effective in prosecuting cases or conspires to do so, for the purpose of engag-
where the offence was committed against children ing in a sexual act with a person (younger than)
in developing countries, it has also been used suc- 18 years of age that would be in violation of chap-
cessfully in cases of intra-familial sexual abuse of ter 109A if the sexual act occurred in the special
children committed whilst abroad.69 maritime and territorial jurisdiction of the United
States, shall be fined under this title, imprisoned
One issue of grave concern regarding Australia’s
for more than 10 years or both.
capacity to tackle the problem of child sex tourism
is that the Federal Government has dissolved the In essence, the law criminalises travelling to foreign
Federal Police Unit responsible for the investigation countries for the purpose of engaging in sexual acts
of crimes relating to child sex tourism, and there with a child (under 18 years of age) if the sexual act
are few proactive measures for pursuing sex offend- would be in violation of US Federal law.The Act has
ers who travel abroad.70 also made it a crime to create pornographic images,
and this offence actually carries a stronger penalty
United States of America than the crime of travelling for the purpose of com-
In 1994, the US Government passed the Child Sexual mitting a sexual act.
Abuse Prevention Act (strengthening the Mann Act of
There are several major weaknesses of the Crime
1910), its primary law criminalising child prostitution.
Bill. One such weakness is that it requires that the
The Child Sexual Abuse Act was passed in conjunc-
crime occurred in the course of travel that the of-
tion with the 1994 Crime Bill, and it prohibits inter-
fender undertook with intent to commit a sexual
state commerce for the purposes of prostitution or
act. While this is helpful in the prosecution of sex
for any criminal sexual activity. In addition, numerous
tour operators who package tours for paedophiles
laws prohibit production, possession, and dissemina-
or others with the promise of sex with children, it is
tion of child pornography. For example, the Child Pro-
difficult to establish intent in other types of cases.
tection Act of 1984 specified that all distribution of
Legislation is currently pending that would relieve
sexually explicit material involving children was a crimi-
the burden of proving the intent, thus closing this
nal offence, leading to a substantial increase in federal
particular loophole.
prosecutions. Despite serious attempts by the Gov-
ernment to protect children in this regard, however, Another weakness is stipulations within the legisla-
the Child Online Protection Act, a Communications De- tion that it only applies to children under 12 years
cency Act (1996), and a section of the Child Sexual Abuse of age, or children between 12 and 16 years of age.
Prevention Act have “remained largely unenforceable Thus, children aged 16 and 17 are not protected
because of civil libertarian claims that they contra- unless the offender uses force, serious threats, or
vene the rights to privacy of individuals.”71 otherwise impairs the victim: “children of this age

are not protected by the new law, particularly in • doubling of the current penalties for convicted
commercial or consensual situations not involving traffickers (up to life imprisonment for worst
coercion.”72 offences)
No official record has been kept (either by the Gov- and

ernment or by NGOs) of the number of prosecu-
• a directive that the President deny non-hu-
tions arising from this legislation, so it is difficult to
manitarian aid to countries that tolerate or
tell how effective it has been. Moreover, the US
condone trafficking.
Government has not yet ratified the CRC, and has
no National Plan of Action for targeting the com- In compiling data and making an assessment of the
mercial sexual exploitation of children. However, a foreign country, US diplomatic mission personnel are
landmark case has been brought against a US citizen supposed to consult with human rights organisations
who operated a child pornography bulletin board and other appropriate NGOs. Specified minimum
system from Mexico to the USA. standards for elimination of trafficking, by which for-
eign countries are assessed, are set out in Section
Supplementary to the laws outlined above, the USA
108, along with actions that will be taken against
enacted the US Victims of Trafficking and Violence Pro-
governments failing to meet these minimum stand-
tection Act in 2000.The intended purposes of the Act
ards, as outlined in Section 110:
include:
It is the policy of the United States not to pro-
• combating the trafficking in persons, which it
vide non-humanitarian, non-trade-related foreign
describes as “a contemporary manifestation
assistance to any government that does not com-
of slavery whose victims are predominately
ply with the minimum standards for the elimina-
women and children”
tion of trafficking and is not making significant
• ensuring just and effective punishment of traf- efforts to bring itself into compliance with such
fickers standards.
and Section 105 of the Act mandates the formation of

an Interagency Task Force to Monitor and Combat
• protecting victims of trafficking.
Trafficking, to be established by the President of the
The Act contains several strong provisions, includ- USA. One key responsibility of this taskforce is to
ing:73 examine the role of the international sex tourism
industry in the trafficking of persons and in the sexual
• a request for US$95 million over two years
exploitation of women and children around the
to support anti-trafficking enforcement and
world.
victim assistance programs abroad
One highlight of this legislation is its strict penalties
• availability of a non-immigrant visa (“T” visa)
for offenders. Sex offences committed by force, fraud
and protection from criminalisation for traf-
or coercion, or where the victim is under 14 years
ficking victims in the United States
of age, range from a fine up to life imprisonment. In
• a directive that the Secretary of State issue an all other cases, sentencing ranges from a fine to 20
annual report on the status of international years imprisonment.
trafficking
Germany
• a mandate for establishing an interagency task
Under German legislation, a child is defined as a
force on trafficking, and an office at the State
person aged under 14. Under Section 176 of the
Department to monitor and combat traffick-
German Penal Code,74 those defined as children are
ing
guaranteed absolute protection from acts of “en-

gagement in sexual activity with a child or induce- that “foreigners will only be prosecuted in Germany
ment of a child to engage in sexual activity with a if a request for extradition from the state where
third person,”75 and attempts to commit such acts the crime was committed has not been granted or
are also punishable, both with sentences of up to is not possible for any other reason.”85 There have
five years imprisonment.76 A punishment of up to been many extra-territorial prosecutions in recent
ten years in prison is accorded to those who perpe- years in Germany concerning the commercial sexual
trate more serious offences involving sexual inter- exploitation of children.86
course, or where the act causes gross abuse to the
In addition to legislative reform, Germany also is-
child.77 Those between ages 14 and 18 are also af-
sued its National Action Plan (in follow-up to the
forded certain protections, such that it “is illegal to
First World Congress on Sexual Exploitation), and
induce or influence a child under 16 years of age to
published an addendum to this in 1998, detailing
engage in any sexual activity or to take advantage of
specific issues of commercial sexual exploitation of
their incapacity for sexual self-determination,”78 and
children that the German Government is seeking
that the age limit for guardians and supervisors is
to address. Implementation of the National Action
raised to 18 years.79
Plan and its addendum falls under the responsibility
Germany ratified the CRC in 1992, and in so doing, of the Ministry of Families, Seniors, Women and
undertook responsibility to protect children from Children.87 Plans were made to reassess the Na-
all forms of sexual exploitation. Cases concerning tional Action Plan and its addendum in early 2001.
the sexual abuse of children by Germans abroad have
been punishable in Germany since 1993,“even if the Comparative analysis of case studies
laws of the foreign country have not been contra- Such issues as constitutional limitations preventing
vened.”80 admissibility of evidence, technological or geographic
barriers protecting anonymity of exploiters, and
Germany reformed its legislation in 1993, and again
corruption or insensitivity of officials to issues sur-
in 1998, and the Government introduced an Act to
rounding commercial sexual exploitation undermine
Combat Child Pornography.81 Amendments to the Ger-
global protection of women and children.88 In the
man Penal Code in 1998 resulted in further clarifi-
case of countries outlined in this study, none pro-
cation of crimes related to the commercial sexual
vide full protection to children (under the age of
exploitation of children, in addition to stiffer penal-
18) in relation to commercial sexual exploitation, as
ties for such crimes and extension of the statute of
afforded by the CRC.
limitations for certain serious sexual offences. Pro-
curement of sexual services from minors is prohib- The varying levels of success that Australia, Canada,
ited, and Section 180 of the Penal Code stipulates Germany, the UK and the USA have experienced in
that “anyone who induces or influences a minor to implementing their various laws is due, in part, to
engage in sexual activity for remuneration or for the different measures of cooperation and support
some other reason is liable to punishment.”82 Penal- undertaken by the tourism industries in each coun-
ties range from a fine to up to five years incarcera- try. For example, in Australia, where an effective and
tion. widespread public education campaign targets trav-
ellers (in the form of posters and leaflets in airports),
While no specific German legislation prohibits child
police have benefited from higher levels of support
sex tourism, extra-territorial jurisdiction applies, and
from those able to provide tips and evidence for
covers both nationals as well as foreigners.83 One
crimes they have witnessed in foreign countries.89
significant weakness of German legislation is that a
In the UK, however, where the travel industry is
general principle of double criminality exists.84 The
viewed as less supportive of public education, con-
only exception is “in cases of sexual abuse of chil-
viction rates are much lower.90
dren if the offender is a national and resides in the
domestic territory.” Another noteworthy point is Another significant factor affecting differing levels

of success is the degree to which the various gov- place to ensure the full protection of its
ernments have been willing to be candid and upfront citizens – can be trusted to act in the best
regarding behaviour of their own nationals abroad. interests of children through open and ac-
In the UK, government reluctance to acknowledge countable measures, efforts to protect chil-
that UK nationals commit such crimes has delayed dren from commercial sexual exploitation
legislative reform. will prove exceedingly difficult.
All five countries face similar challenges in regard to 3. Better implementation of child-friendly inves-
tigative measures and court proceedings
• low levels of reporting
• Much has been done to develop methods
• difficulties obtaining evidence overseas, be-
that protect the children from further ex-
cause of cost, language and cultural differences
ploitation throughout investigation and le-
and locating witnesses, among others 91
gal proceedings, and that recognise chil-
and dren’s right to testify and the value of their
testimony. Greater emphasis must now be
• sensitivity and skills required to investigate
placed on building the capacity of those
sexual crimes committed against children.
involved in facilitating children’s participa-
Section 3: Recommendations tion in legal proceedings.
At the Second World Congress Against the Com- 4. Removal of the double criminality requirement
mercial Sexual Exploitation of Children, held in from extra-territorial legislation prohibiting
Yokohama in December 2001, a workshop on the commercial sexual exploitation of children
topic of extra-territorial legislation highlighted sig-
• The double criminality requirement has
nificant lessons learned from implementation. They
proven to be a significant barrier in facili-
included “the need for more attention to the evi-
tation of extra-territorial cases due to weak
dence of child victims and how it is handled; the
or non-existent legislation in some coun-
need for more awareness-raising among the judici-
tries. The double criminality requirement
ary, and child sensitive procedures; and the impor-
concerning crimes of commercial sexual
tance of discarding the double criminality provisions
exploitation of children must be removed,
in relation to the offenders.”92
along with continued emphasis on devel-
With these lessons in mind, and with the Yokohama opment of comprehensive domestic legis-
Global Commitment 200193 and the aforementioned lation for full protection of all children.
comparative analysis in consideration, this report
5. More collaborative strategies, linking such
recommends:
methods as legislative reform and implemen-
1. Enhanced cooperation between legal bodies tation with public education campaigns
and NGOs in facilitating prosecution of of-
• The most effective strategies to promote
fenders
protection of children from commercial
• Experience shows that in most successful sexual exploitation have involved all rel-
prosecutions, police used a combination of evant bodies in developing comprehensive
official governmental channels and NGOs strategies and implementing them through
to obtain evidence. cooperative processes.
2. Greater candour and transparency within leg- 6. Developing more democratic processes for
islative bodies participation of civil society – particularly chil-
dren who have been commercially sexually
• Unless the highest levels of authority – in
abused, along with adults who have expertise

Annex: List of countries with extra-territorial legislation
Algeria Ethiopia Laos Slovenia
Australia Finland Luxembourg Spain
Austria France Mexico Sweden
Belgium Germany Morocco Switzerland
Cyprus Iceland Netherlands Taiwan
Canada Ireland New Zealand Thailand
China Italy Norway United Kingdom
Denmark Japan Portugal United States
Source: ECPAT International Survey
in this area – in legal reform, enforcement and • Heightened awareness amongst law en-
monitoring processes forcement officers, embassy personnel,
NGOs and relevant government ministries
• This includes development of mechanisms
of existing legislation and how to imple-
by which children can file complaints within
ment and enforce it. This expertise is ab-
their own country or abroad, in addition
solutely crucial to ensure effective protec-
to appropriate means for children to peti-
tion of children.
tion the Committee on the Convention on
the Rights of the Child to lodge complaints 10. Ongoing commitment to development and
against state parties. implementation of effective national laws and
policies (in accordance with the CRC and
7. Equipping law enforcement bodies to deal with
other relevant instruments and documents)
gender dynamics of commercial sexual exploi-
in tandem with a commitment to extra-terri-
tation of children and the disproportionately
torial legislation
high number of girls that are affected
• Whereas extra-territorial law is a crucial
• Through gender sensitisation and skills
tool for elimination of commercial sexual
building, law enforcement bodies will be
exploitation of children, “it is not a substi-
better equipped to respond appropriately
tute for a trial in the State in which the
to children who have been victimised, as
offence occurred.”94 Both national legisla-
well as to offending parties.
tion and extra-territorial legislation must
8. Increase coordination and collaboration be- extend full protection to all persons un-
tween law enforcement bodies and psycho- der the age of 18.
social services, to develop more advanced and
effective methods for punishing offenders Closing
While legal reform and law enforcement are essen-
• Recognising the distinct attributes of
tial tools in the protection of children from com-
situational and preferential offenders and
mercial sexual exploitation, they must be undergirded
responding with the most appropriate
with a rich understanding and full recognition of
methods of punishment is crucial in reduc-
children’s rights as human rights.95 Indeed, protec-
ing rates of recidivism.
tion of children’s civil, political, economic, social and
9. Greater expertise in extra-territorial jurisdic- cultural rights, and promotion of their full participa-
tion tion in these various spheres, are fundamental to

creating an environment where children are safe Second World Congress against the Commercial
from all forms of exploitation. And fundamental to Sexual Exploitation of Children, held in Yokohama,
achieving this is the empowerment of boys and girls, Japan, 17–20 December 2001.
along with men and women, in such a way that the 7
http://rhrc.org/resources/gbv/bib/intr.html#a
rights of all people are respected and nurtured.
8
http://mirror.ippf.org/resource/refugeehealth/
manual/4.htm#The
Acknowledgement
9
The author wishes to acknowledge and thank Geraldine Van Bueren, “Child Sexual Exploitation
Angela Brouwer for her assistance in the and the Law: A Report on the International Legal
preparation and analysis of the background Framework and Current National Legislative and
legal literature for this paper. Enforcement Responses,” a theme paper to the
Second World Congress against the Commercial
Sexual Exploitation of Children, 2001, p. 3
10
References http://www.unifem.undp.org/trustfund/
11
1
Pino Arlacchi, Executive Director of United Na- The Convention on the Elimination of all forms of
tions Office for Drug Control and Crime Preven- Discrimination Against Women (CEDAW),
tion, and UN Under-Secretary General, speaking adopted by the UN General Assembly in 1979,
to government officials at a forum in Sicily on the and the Convention on the Rights of the Child
topic of combating trafficking; referenced in “Ma- (CRC), adopted in 1989, are two other essential
fia Makes Billions from Trafficking People,” Reuters, international policies that define women’s and
15 December 2000 children’s rights as human rights.They are discussed
more fully in relation to their international legal
2
While this report highlights five countries that cur- implications in the following section.
rently have extra-territorial legislation on child sex
12
tourism, there are 32 states with such legislation. For more information, please refer to the NGO
A full list of these is found in the Annex. Group for the Convention on the Rights of the
Child and ECPAT International,“Causes and Con-
3
ECPAT, “Facts and Figures: Even One Child is Too tributing Factors,” briefing note to the Second
Many,” Briefing note to the Second World Con- World Congress against Commercial Sexual Ex-
gress against the Commercial Sexual Exploitation ploitation of Children, 2001
of Children, 2001
13
The Yokohama Global Commitment, 2001 (emphasis
4
M. Cherif Bassiouni,“Sexual Slavery Crosses Moral in italics added by the author)
and National Boundaries,” Chicago Tribune, 17 Feb-
14
ruary 2002 The National Police of Cambodia, Understanding
and Investigating Child Sexual Exploitation: Trainers
5
As specified by the UN Convention on the Rights Manual, as referenced in Laurence Gray, “Sexual
of the Child (CRC). While Article 1 of the CRC Exploitation and Violence in Cambodia,” in Melanie
definition of a child allows for various interpreta- Gow (ed.), A Safe World for Children: Ending abuse,
tions according to national legal systems, by defin- violence and exploitation,World Vision International,
ing a child as “every human being below the age of Monrovia, California, 2001
18 years unless, under the law applicable to the
15
child, majority is attained earlier,” this paper uses L. Gray, loc. cit., p. 30
the strict term of below the age of 18 years. 16
NGO Group for the Convention on the Rights of
6
As specified in The Yokohama Global Commitment, the Child and ECPAT International, “People Who
2001, the declaration signed at the closing of the Prey on Children,” briefing note to the Second

World Congress against Commercial Sexual Ex- preliminary version of an ILO-IPEC report on the
ploitation of Children, 2001 trafficking of children, for distribution at the Sec-
17
ond World Congress against Commercial Sexual
L. Gray, loc. cit., p. 30
Exploitation of Children, 2001
18
“People who prey on children”, loc. cit. 29
ibid.
19
ibid. (emphasis added by the author) 30
“Extra-Conventional Mechanisms of the United
20
L. Gray, loc. cit., p. 31 Nations Commission on Human Rights”, http://
21
www.unhchr.ch/html/menu2/2/mechanisms.htm
ibid.
31
22
ibid.
ibid.
32
23
To date, 191 countries have ratified the CRC.The
ibid.
only two states not to have ratified are the USA
24
NGO Group for the CRC and ECPAT Interna- and Somalia.
tional, “People Who Prey on Children”, op. cit. 33
Fiona David,“Child Sex Tourism”, Trends and Issues
25
Maya Steinitz, “The Role of International Law in in Crime and Criminal Justice (T&I) series, No. 156,
the Struggle against Sex-based and Gender-based Australian Institute of Criminology, June 2000.
Violence against Refugee Women”, consultancy re- http://www.aic .gov.au/publications/tandi/
port submitted to the International Rescue Com- tandi156.html
mittee and to the Reproductive Health for Refu- 34
Global Report: International Dimensions of the Sexual
gees Consortium, March 2001, as referenced in
Exploitation of Children, Montreal, International Tri-
Black’s Law Dictionary
bunal for Children’s Rights, 1999
26
NGO Group for the CRC and ECPAT Interna- 35
Article 68 of the Rome Statute, as referenced in
tional,“Taking Action: Responses and Gaps”, brief-
Global Report: International Dimensions of the Sexual
ing note to the Second World Congress against
Exploitation of Children, loc. cit.
Commercial Sexual Exploitation of Children
36
27
http://www.hrw.org/campaigns/icc/qna.htm - What
Article 3(a) of the Protocol to Prevent, Suppress and
crimes
Punish Trafficking in Persons defines trafficking as “the
37
recruitment, transportation, transfer, harbouring ibid.
or receipt of persons, by means of the threat or 38
ibid.
use of force or other forms of coercion, of abduc-
39
tion, of fraud, of deception, of the abuse of power ECPAT stands for End Child Prostitution, Pornog-
or of position of vulnerability or of the giving or raphy And Trafficking. ChildWise is one of ECPAT
receiving of payments or benefits to achieve the Australia’s projects: http://www.ecpat.org/
consent of a person having control over another projects.htm
person, for the purpose of exploitation.” There is 40
http://www.ecpat.net/eng/ecpat_inter/projects/
also specific reference to the trafficking of chil-
monitoring/wc2/briefing_note11.asp
dren, such that the “recruitment, transportation,
41
transfer, harbouring or receipt of a child for the “Women @ Work to End Violence: Voices in
purpose of exploitation shall be considered ‘traf- Cyberspace”, Report of UNIFEM’s Internet Work-
ficking in persons’ even if this does not involve ing Group to End Violence Against Women, http:/
any of the means set forth in [the definition].” /www.unifem.undp.org/w@work/[email protected]
28 42
Panudda Boonpala & June Kane,“Trafficking of Chil- Quote from a member of UNIFEM’s Internet
dren: The Problem and Responses Worldwide”, a Working Group to End Violence Against Women,
ibid.

43 62
ibid. F. David, loc. cit.
44 63
ibid. Crimes Act, s50AD, cited in F. David, loc. cit.
45 64
Children between the ages of 14 to 18 are not ibid.
protected from all of these offences. 65
ibid.
46
http://lois.justice.gc.ca/en/1997/16/5277.html#rid- 66
ibid.
5278
67
47
Global Report: International dimensions, 1999, op. cit.
http://www.cisc .gc.ca/AnnualRepor t2000/
68
Cisc2000/exploit2000.html ibid.
48 69
http://www.voyage.gc.ca/Consular-e/Publications/ ibid.
child_fact-e.htm 70
ECPAT International, Five Years After Stockholm:
49
Bill C-40, an Act respecting extradition, to amend 2000–2001, p. 154
the Canada Evidence Act, the Criminal Code, the 71
ibid.
Immigration Act and the Mutual Legal Assistance in
72
Criminal Matters Act, and to amend and repeal other Margaret A. Healy,“Prosecuting Child Sex Tourists
Acts in consequence at Home: Do Laws in Sweden, Australia and the
50
United States Safeguard the Rights of Children as
ibid.
Mandated by International Law?”, Fordham Inter-
51
http://www.cisc .gc.ca/AnnualRepor t2001/ national Law Journal, Vol.18, May 1995, No. 5
Cisc2001/exploit2001.html 73
Joseph Mettimano, Information Brief: Sexual Exploi-
52
ibid. tation of Children, World Vision US, 2002
53 74
ibid. http://www.interpol.int/Public/Children/
54
SexualAbuse/NationalLaws/csaGermany.asp
ECPAT International, Five Years After Stockholm:
75
2000–2001, Bangkok, 2001, p. 62 http://www.ecpat.net/eng/Ecpat_inter/projects/
55
monitoring/online_database/
The author wishes to acknowledge Heidi Keme,
countries.asp?arrCountryID=64&CountryProfile=
Child Rights Officer, World Vision UK, for her as-
&CSEC=Overview,Prostitution,Pronography,
sistance in the research on British legislation con-
trafficking&Implement=Coordination_cooperation,
cerning the commercial sexual exploitation of
Prevention, Protection,Recovery,ChildPartic
children.
76
56
http://www.interpol.int/Public/Children/
Jeremy Seabrook, No Hiding Place: Child Sex Tour-
SexualAbuse/NationalLaws/csaGermany.asp, op. cit.
ism and the Role of Extraterritorial Legislation, Zed
77
Books, London, 2000 ibid.
57 78
J. Seabrook, loc. cit., p. 99 http://www.ecpat.net/eng/Ecpat_inter/projects/
58
monitoring/online_database/
Statutory Instrument Number (S.I.) 2001, No.
countries.asp?arrCountryID=64&CountryProfile
1846.
=&CSEC=Overview,Prostitution,Pornography
59
ibid., p. 95 ,trafficking&Implement=Coordination_cooperation,
60
Prevention,Protection,Recovery,ChildParticipation
ibid., p. 94
&Nationalplans=&orgWorkCSEC=&Display
61
ECPAT International is currently campaigning for By=optDisplayCountry, op. cit.
change in this regard. 79
ibid.

80
http://www.child-hood.org/en/home_p445.html
81
http://www.ecpat.net/eng/Ecpat_inter/projects/
monitoring/online_database/countries.asp?
arrCountryID=64&CountryProfile =&CSEC=
Overview,Prostitution,Pronography, trafficking
&Implement=Coordination_ cooperation,
Prevention,Protection,Recovery, ChildParticipation
&Nationalplans=&org WorkCSEC=&DisplayBy=
optDisplayCountry, op. cit.
82
ibid.
83
ibid.
84
ibid.
85
ibid.
86
ibid.
87
ibid.
88
Canadian Component of the Protection Project,
1 July 2000
89
J. Seabrook, loc. cit., p. 95
90
ibid.
91
ibid.
92
Vitit Muntabhorn, “Report of the Second World
Congress against Commercial Sexual Exploitation
of Children”, loc. cit., p. 25
93
TheYokohama Global Commitment 2001 is the docu-
ment signed by the governments that participated
in the Second World Congress Against the Com-
mercial Sexual Exploitation of Children, reaffirm-
ing the commitments that were made at the First
World Congress and pledging further action.
94
Van Bueren, loc. cit., p. 16
95
ibid., p. 12

Finding a way forward:
Gender-based violence in Tanzania
Ruth Kahurananga and Monalisa Kileo
Introduction This paper primarily concentrates on domestic vio-

Tanzania has been progressing towards gender equal- lence, FGM, and violence against elderly women.
ity, especially after making national commitments Types and extent of domestic violence in Tanzania
following the 1995 Fourth World Conference on are discussed, illustrated by statistical data from the
Women in Beijing.1 Multi-party, democratic elections Tanzania Media Women’s Association (TAMWA).The
have taken place, and civil society – notably non- paper then considers the phenomenon of violence
governmental organisations (NGOs) – has energeti- against elderly women, mostly in relation to allega-
cally addressed gender issues. However, on the gen- tions of witchcraft, which is prevalent in the
der-related development index (GDI) of the United Shinyanga, Mwanza and Tabora Regions of north-
Nations Development Programme (UNDP), Tanza- western Tanzania. The harmful traditional practice
nia ranks number 140 out of 162 countries.2 of FGM is then examined, in terms of its short- and
long-term effects, myths and facts surrounding the
The African and UN Charters on Human Rights practice, and the challenges to its eradication.
clearly indicate that violence against women and girls
(or gender-based violence) is a violation of human It is argued that in seeking to combat these types of
rights globally.3 In Tanzania, as well as other African violence against women in Tanzania, various issues
countries, patriarchal culture or male-dominated need to be addressed, such as women’s legal capac-
ideologies have justified oppressive gender relations; ity, gender imbalances in decision-making, unequal
for example, wife battery is considered culturally opportunities in education and employment, as well
acceptable, by some men as well as women, as a as existing policies. Finally, this paper suggests a way
form of discipline. forward and recommendations, including advocacy
by civil society groups, political empowerment of
Violence against women includes any act, omission women, and gender budget initiatives.
or conduct in which physical, sexual or mental suf-
fering is inflicted directly or indirectly.4 This can be Types of violence against
through deceit, seduction, harassment, coercion or women and girls
any other means. Its aim is to intimidate, punish or The most common manifestations of violence against
humiliate the woman or girl.This in turn undermines women are physical, sexual, psychological and eco-
women’s sense of security, leads to lack of self-con- nomic abuse. Physical violence means harmful at-
fidence and diminishes physical or mental capaci- tack on the body, whereas psychological, emotional
ties. or mental violence can be manifested in confine-
According to newspaper reports in Tanzania, vio- ment, deprivation of financial and personal resources
lence against women has increased at household as well as in verbal abuse.6
levels, work, schools and public places.5 It is now Gender violence can be understood to include physi-
considered to include many no longer-tolerated be- cal, sexual and psychological harm occurring espe-
haviours such as female genital mutilation (FGM), cially in families. Figure 1 shows the different dimen-
wife battery, rape, child molestation, violence against sions of domestic violence, with the primary cause
elderly women (such as those subject to allegations of violence, namely power and control exercised by
of being witches), sexual exploitation, and abuse of men over women, in the centre.These can be in the
household domestic workers (“house girls”).
Finding a way forward: Gender-based violence in Tanzania 59

form of battering, restrictions on movement, sexual women. The study documented a total of 1,551
abuse of female children in households, economic deaths in the period from January 1996 to Septem-
abuse, dowry-related violence, marital rape, or FGM ber 1998 (Table 1).
and other harmful traditional practices.The age range
• In the four cases of death due to cattle rus-
of victims as reported in Southern Africa Develop-
tling, three of the women were owners
ment Community (SADC) countries was from six
whereas one woman died during the theft.This
months to 50 years old.7 The social construction of
would be found mainly in pastoral communi-
gender roles places women as property and
ties where one clan or tribe raids and plun-
dependents of male “protectors”, making women
ders another’s cattle.
vulnerable to violent treatment by men.
• Regarding the deaths due to robbery, 31 of
Reasons given for women’s deaths the women were the property owners
due to violence whereas two died in the process of commit-
The Ministry of Home Affairs prepared a report on ting the crime.
the statistical data available on violence against
• With 500 victims, witch-hunts of elderly
women were the second leading cause of death.
Power and control by men of • Domestic violence was divided into two
spouse/partner through violence groups, namely violence in local bars (ugomvi
vialbuni) and violence at home (ugomvi
Physical Violence: Push, grab, beat and/or burn; majumbani). Both domestic violence and adul-
use of weapons; rape and murder tery could be combined together as causes of
death, since the latter is often used as a rea-
Sexual Violence: Coerce to engage in sexual
son to inflict violence against women.Together,
activity; treat as sex object; physically attack
domestic violence and adultery/jealousy took
sex organs
557 of 1,551lives, making it the leading cause
Reproductive Control: Deny access to con- of violent deaths to women.
traceptives; forced sterilisation
• Women with mental disabilities died either
Using Children: Use children to relay mes- from causing bodily harm to themselves or
sages to induce guilt and to harass being attacked by other mentally disabled peo-
ple.
Threats and Intimidation: Make and/or carry
out threats to harm emotionally or physically, • “Other reasons” included death in which the
including threats of abandonment, poverty, cause was not officially known.
suicide, physical violence or murder.
Domestic violence:
Economic control: Unfair control of house- wife battery and abuse
hold income and assets; prevent spouse from
In Tanzania, most men pay dowry for their wives. In
obtaining or keeping a job; take money and
some cases, men view their wives as their property
other possessions
or asset; something they bought. This attitude gives
Isolation: Control who spouse sees, talks to rise to marital problems from battery to killings of
and goes; Seclude from friends and family wives.9 According to 1997 reports from TAMWA,
between 1990 and 1995 there were 2,022 cases or
Emotional abuse: Insult; demean; play “mind
wife beating, reported and recorded. Table 2 lists
games”
the number of reported cases of different types of
Source: Sisterhood Is Global Institute, 1998 8 violence against women in Tanzania.

Table 1: Reasons and number of deaths of women
from January 1996 to September 1998 10
Cause of death 1996 1997 1998 Total
Cattle rustling 2 1 1 4
Robbery 2 23 8 33
Witch-hunt of elderly women 170 194 136 500
Theft – 14 1 15
Domestic violence 127 95 110 332
Adultery/jealousy 72 69 84 225
Accidental death 13 6 9 28
Revenge 12 6 0 18
Women with mental disability 2 3 – 5
Other reasons 137 149 105 391
Total 537 560 454 1,551
Source: TAMWA, Sauti ya Siti, 1999
Wife battery or abuse is a common practice among should their daughter leave him. For these reasons,
the Wakurya tribe in Mara region. This act has in- many women living in abusive relationships adopt a
jured and humiliated many women, and in extreme culture of silence.
cases, led to death. As expressed by 35-year-old
Some tribes are considered to be more violent than
Nyangeta Amos: “Men beat us because they are the
others.Yet even among the most educated citizens,
ones in authority. We are the wretched ones.”11
spousal battery occurs. Previously, this and other
As reported by the Serengeti District Commissioner, forms of domestic violence were mainly reported
Colonel Labani Makunenge, to TAMWA staff, wife in the regions along Lakes Victoria and Tanganyika,
battery is a traditional way of life among the Wakurya. the northern regions of Kilimanjaro and Arusha, as
Acceptance of this means, unfortunately, that most well as the central regions such as Dodoma. The
women do not report battery. In addition, women major cause for this brutality was cited as alcohol-
fear greater retaliation, and that they would humili- ism. For instance, in an interview with TAMWA, the
ate their parents, if they reported it – the dowry Acting Dodoma Regional Police Commander, Masele
can be as high as 40 cattle, and few parents would Urasa, stated that most murders occurred during
be willing to return this amount to the son-in-law the harvest season when community members, es-

Table 2: Reported cases of wife beating, rape, violence
against elderly women, and child sexual abuse
Type 1990 1991 1992 1993 1994 1995 Sub-total
Wife-beating 357 292 295 420 451 207 2,022
Rape 94 111 144 864 702 517 2,432
Violence against 77 82 96 92 120 54 521

elderly women
Child sexual abuse 81 77 65 365 127 111 826
TOTAL 609 562 600 1,741 1,400 889 5,801
Source: TAMWA Files, 1997 found in Nkhoma-Wamunza et al., 1998
pecially men, engaged in excessive drinking. Also Witch-hunts of elderly women

during the traditional dance ceremonies, there are Among most ethnic groups within Tanzania, elderly
many accusations of adultery causing jealousy, re- people have historically been respected, given au-
sulting in wife battery.12 A lawyer with the Tanzania thority and viewed as having wisdom.The extended
Police Force College in Dar-es-Salaam,Abdulrahman family cared for elderly women and men, providing
Kaniki, concluded that alcoholism and jealousy were them with shelter, food, clothing and health care. In
the two main causes of wife battery in the Lake Vic- most rural communities this is still the case.
toria regions in 1996.
Nevertheless, with the introduction of Western cul-
Discussions held with Judge Pelagia Khadai of the ture, greater emphasis is placed on a market
High Court, Dodoma Zone,13 revealed that in the economy, the nuclear family, privatisation of the serv-
Tanzanian cultural setting, most women are not ea- ice sector and materialism.14 This has negatively af-
ger to report spousal abuse. Some women believe it fected the social fabric associated with caring for
is one of the burdens of marriage and should be the elderly. In some ethnic groups, specifically the
accepted. Women also stay in abusive relationships Sukuma in Shinyanga, old women are accused of being
either because they would have no custody of the witches and killed. This practice is also prevalent in
children or they cannot inherit any of the family’s Mwanza and Tabora regions, especially in cases with
property. Obstacles that abused women encounter old women who have reddish eyes (due to cooking
are: over smoky firewood), an affliction perceived as a
• inaccessible and unaffordable legal assistance bad omen.These women are harassed, ostracised from
their communities, molested, brutally beaten and fre-
• insufficient inheritance, and quently killed, often being burned alive. In 1994 there
• fear of violent retaliation by the husband or were 3,693 deaths due to allegations of witchcraft in
relative, even leading to death. Tanzania, and 60% of these cases were women.15
The following court cases tried by the High Court, These killings were orchestrated by the community.
Dodoma Zone, indicate that alcoholism, jealousy and The strong cultural belief in witchcraft in these com-
women’s subordination perpetuate domestic vio- munities within Shinyanga and Mwanza perpetuates
lence leading to death. this practice. For instance, a person might consult a

Examples of domestic violence cases leading to homicide reported and tried
by the High Court, Dodoma Zone, in 2001
Case 1 –␣ Dodoma District Court, 1999
The accused (husband) directed the deceased (wife) to sell two kilograms of sugar. Unfortunately, the
deceased used an empty tin container to measure the sugar instead of the measuring scales.A quarrel
ensued, the accused hitting the deceased with a stick and piece of pipe on the head.The accused was
convicted of manslaughter on 1 February 2001.
Case 2 –␣ Dodoma District Court, 1999

On 3 April 1997 the deceased (wife) and accused (husband) went to their neighbours’ house to drink
local brew, pombe. On their way home the deceased went to collect fuel-wood while the accused
proceeded home. The deceased returned home after it was dark, and because of this was kicked by
the accused in her abdomen as well as her head. She died of rupture of the spleen with extensive
internal haemorrhage and brain damage.The accused was convicted of manslaughter on 7 May 2001.
Case 3 –␣ Mpwapwa District Court, 1999

The parties (husband and wife) suspected one another of having extra-marital affairs. On the day of
the incident, the accused (husband) claimed that he heard his wife (deceased) making plans to meet
another man. When the accused came home, he stabbed his wife five times. He was convicted of
manslaughter on 19 March 2001.
Case 4 –␣ Singida District Court, 2000

The killing occurred on 22 September 1998 at Mtama Village, Singida. The deceased (wife) and ac-
cused (husband) returned home late and were both drunk. Upon arrival, the accused demanded that
the deceased prepare a meal, but the latter declined.A misunderstanding occurred between the two,
followed by a fight. During the skirmish, the accused struck the deceased with a stick and kicked her
abdomen. The deceased died of head injury. The accused was convicted of manslaughter on 22 Sep-
tember 2001.16
traditional healer for a range of reasons. The tradi- secretly known. The old women are usually hacked
tional healer has herbs and other natural medicinal to death using machetes.
products that can be used to cure physical ailments,
Some of the deaths can be attributed to greed.Tradi-
and performs divination either to explain a client’s
tional healers earn income from these consultations,
future or to identify why the client has a ‘curse.’ In
and in some cases they will continue divination
the case of the latter, the traditional healer may
whether they believe their counsel is true or false.
vaguely suggest that there is an old woman or man
Moreover, when elderly women have property like a
who is bewitched and is the one causing all the mis-
large farm (shamba), their relatives, neighbours or
fortune.The primary suspects tend to be old women
community members may covet this, and accuse the
who live alone, but who are surviving relatively com-
elderly women of being witches in order to obtain
fortably; people believe that these old women are
these assets.17 These false accusations, clearly driven
doing so well because they are bewitched. Once the
by greed, can lead to fear and mob violence where
client has deduced who the “culprit” is, they may
these women lose their property as well as their lives.
hire contract killers within the community who are

In 1928, the colonial government enacted the Witch- premacy over any other set of values. More recently,
craft Ordinance as criminal law. However, analysis re- international human rights documents have begun
vealed that rarely were witch-hunters arrested.18 Sev- to specifically identify FGM as a human rights issue.20
eral reasons were given as to why this was the case:
Tanzania has signed and ratified the Convention on
• Murders were committed at night, making it the Rights of the Child (CRC) following the 1990
difficult to identify the killers. World Summit on Children, as well as the following
Conventions:21
• Killings were considered family secrets since
no one wanted to admit that one of their fam- • Convention on the Elimination of all forms of Dis-
ily members was considered to be a witch. crimination Against Women (CEDAW), 1979,
ratified in 1984
• If any information about a killing was shared,
this was seen as being sympathetic to or in • The African Charter on the Rights and Welfare of
collaboration with the “witch.” the Child, 1990
• Witch killings were orchestrated by hired • The Beijing Platform for Action, 1995
groups known to the community; sometimes
Tanzania’s Parliament also passed the Sexual Offences
these killers were brazen enough to tattoo
Special Provisions Act of 199822 which states in sec-
the corpse with their mark as a form of ad-
tion 21 that:
vertising their services.19
Any person with the care, control and custody
• Some of the areas where the murders oc-
of a girl child under 18 years of age who causes
curred were extremely remote and not easily
that girl child to be genitally mutilated is guilty of
accessible by law enforcers.
an offence and liable to imprisonment for a term
• Even the traditional law enforcer known as not less than 5 years and/or a fine.
the Sungusungu may have either advocated or
Furthermore, the Penal Code of 1981,23 in section
participated in the killings; one of the essen-
169A states that:
tial qualities of a Sungusungu was to be able to
identify witches within the community. It is an offence to assault anyone and genitally
mutilate a person over the age of 18 without their
• The opinion of some community members is
consent.
that government officials are not keen to re-
port witch killings for fear that they will be- FGM is a tradition or cultural practice that involves
come unpopular with the community, and be total or partial removal of the outer parts of the
ousted from power through local elections. female genitalia.24 WHO reported four types of FGM
classified by the World Health Organization (WHO)
The Tanzanian elite, including law enforcers, perceive
globally, namely:25
that killing old women is a problem of rural people
who are uneducated heathens. Clearly, any solutions • Type 1: partial or total removal of the clitoris
to stop these murders will have to come from within (this practice is known as clitoridectomy)
the community itself.
• Type 2: removal of the clitoris and all the parts
Female genital mutilation (FGM) of the labia minora (known as excision)
In the international community, female genital muti- • Type 3: cutting away all external genitalia and
lation (FGM) is seen as a violation of the human stitching of the two sides of the vulva, sealing
rights of women and girls. The tendency to assert parts of the urethra and vagina, only leaving a
one’s own culture in opposition to human rights, no small opening to allow for the passage of urine
longer holds, and human rights have been given su- and menstrual blood (known as infibulation)

Table 3: Cultural beliefs and myths vs. facts about FGM
Cultural beliefs and myths Facts
It is necessary to perform FGM as part of the The growth of a girl and the training in moral
initiation ceremony and informal training as a ethics are important rites of passage, not
rite of passage from being a girl to becoming a mutilating female organs.
woman.
After the FGM ceremony, a girl becomes eligible These days men prefer to marry girls who have
to get married. not undergone FGM.
Women and girls who have been mutilated are Women and girls who are educated and en-
more culturally accepted and respected in their gaged in developing their community are worthy
community. of acceptance and respect.
FGM is a method of reducing women’s libido, so A woman has equal rights as men to have
it does not exceed that of men. pleasure during the sexual act.
FGM reduces promiscuity and adultery. Adultery and promiscuity is a behavioural

practice and not reduced or stopped by per-
forming FGM. There is no difference in the
prevalence of adultery between the women
who are mutilated and those who are not.
The gynaecological disease known as lawalawa, Proper hygiene, cleanliness and antibiotics are
which causes vaginal itching, is cured by FGM. crucial for avoiding gynaecological diseases.
FGM improves fertility. FGM causes infertility.
It is said that FGM is a tradition. Harmful traditional practices and customs

should be discontinued.
FGM facilitates easy and safe delivery. A woman’s life is endangered during delivery if
she has undergone FGM.
It is believed that FGM enables women to enjoy Women who undergo FGM experience severe
intercourse more. pain, not pleasure, during intercourse.
Source: Kilimanjaro Inter-Africa Committee (KIAC)
• Type 4: all types of operations done on the mately 3 million (10%) of women and girls undergo
female genitalia such as piercing or excising of FGM, mainly in Arusha, Dodoma, Kilimanjaro, Singida
the clitoris and/or labia; stretching of the clito- and Mara regions. Other regions have a smaller per-
ris and/or labia; cauterisation, scrapping or centage of the population practising FGM, chiefly in
cutting certain parts of the vagina; and intro- Morogoro, Iringa, Lindi and Mtwara.
duction of corrosive materials in the vagina.
Myths and facts about FGM
In a baseline survey conducted by World Vision Tan-
Understanding why FGM is practised enables pro-
zania,26 the first two types of FGM were practised in
grammers, planners and activists to develop strate-
Dodoma and Arusha regions. In Tanzania, approxi-

gies for its elimination. In Table 3, a copy of a poster anger, bitterness, mood instability, nightmares
printed by the Kilimanjaro Inter-Africa Committee and sleeplessness.
(KIAC), the first column outlines reasons why most
8. Painful sexual intercourse may lead to reduc-
communities practise FGM based on their cultural
tion or loss of sexual pleasure.As a result there
beliefs, while the second column counters the myths.
are strained marital relations possibly result-
Using posters like this helps raise awareness and
ing in men becoming unfaithful – thereby in-
hopefully brings behaviour change in communities
creasing the woman’s risk of contracting STDs,
that practise FGM.
including HIV/AIDS.
Short-term effects of FGM 9. One of the results of undergoing FGM is the
1. The practice is extremely painful and no an- formation of vaginal scars that are not elastic
aesthesia is given. It is a brutal act indicating enough to allow for the passage of a baby
lack of pity and care on the part of the ones during birth. Labour is then prolonged, leav-
selected to implement the practice.After pro- ing the baby and mother exhausted after de-
hibition of FGM by the Government, through livery and sometimes causing death.
the Sexual Offences Special Provisions Act, the
10. Inelasticity of the vagina causes FGM victims
practice has gone underground and in most
to rupture or require incision during delivery,
cases under unhygienic conditions.
to allow sufficient space for the baby to pass.
2. Usually, damage is caused to the urethra since This leads to excessive bleeding during deliv-
most of the excisors are very old and some ery, sometimes even death.
have poor eyesight.
11. Vaginal infections caused by unhygienic instru-
3. There is loss of a large amount of blood, which ments may spread throughout the reproduc-
may cause dizziness, fainting and sometimes tive tract leading to infertility.
death.
Successes and challenges in
4. The unhygienic conditions and unsterilised eliminating violence against
instruments used for FGM are sources of many women in Tanzania
infectious diseases such as tetanus and HIV/
The Government, NGOs and communities have had
AIDS and other sexually transmitted diseases
some success in reducing violence against women
(STDs). The wound can become gangrenous
in Tanzania. However, there are still factors that per-
leading to death.
petuate it. The successes and challenges are due to
5. Other effects include stress and shock which patriarchal ideology and socialisation; legal capacity;
may cause trauma, fainting and even death. poverty; gender disparities; access to opportunities
in education, training and employment; accountabil-
Long-term effects of FGM ity and responsibility of government ministries; and
6. The damage caused to the urethra due to the policies.
excisors’ lack of precision or poor eyesight
may block or reduce the size of the urethra Culture, socialisation, patriarchal
after healing. Also, the painfulness of the wound ideology
makes the girl retain urine for the first few Culture is the totality of people’s ways of life, values,
days after mutilation, since urination becomes beliefs, social practices and ideology.27 Clearly, cul-
painful; urine retention leads to formation of ture may be a source of liberation or oppression.
uric acid in the bladder, which causes bladder The extended family is one positive cultural prac-
infections and damage to urinary organs. tice that should be maintained. Another is the tra-
ditional credit system known as Upatu, formed by
7. Psychological complications occur such as fear,

women’s groups or networks, which acts as a re- Within the Tanzanian Government, there is an eco-
volving fund and enables members of a group to nomic wing known as Shirika la Kutetea Wanawake
support one another especially during times of eco- Tanzania (SUWATA) that also started a legal clinic
nomic crisis. to counsel women legally and defend them in court.30
SUWATA handles cases dealing with marriage, in-
Patriarchal ideology means a social system where
heritance, custody and maintenance of children, and
men are dominant and women subordinate; the
employment contracts.31 Through weekly legal aid
former having power, ownership and control over
clinics, many women have been assisted. Sometimes,
resources such as land, the latter being powerless
if the man is the cause of the violence, he may be
and having few or no ownership rights.28 In such sys-
counselled as well. Fortunately, several cases have
tems, men are considered to have more social worth
been resolved out of court.
and superiority compared to women. These behav-
iours, attitudes and practices are perpetuated as girls Through the Sexual Offences Special Provisions Act of
and women are socialised with these negative stere- 1998, the Government has shown commitment to
otypes both in the family setting and culturally. Boys combating violence against women. Organisations
learn that their social value is greater since they are like World Vision Tanzania, TGNP and the Kiliman-
permanent members of the family; meanwhile, girls jaro and Dodoma Inter-Africa Committees (KIAC
are viewed as a commodity with which dowry can and DIAC) have advocated for the elimination of
be earned. They will leave their families to join their harmful cultural practices like FGM and early mar-
husbands, so they have no ownership rights either in riage, and have promoted girl child education.
their parental homes or their new homes. FGM and
witch-hunts of old women are culturally rooted in Poverty among women
socialisation and patriarchal ideology. Micro-enterprise development (MED) has achieved
enormous success in addressing poverty among
Legal capacity women. For example, the Small Enterprise Devel-
In Tanzania there is a multiplicity of laws (customary, opment Agency (SEDA), a parallel organisation of
religious and statutory) that deal with marriage, in- World Vision Tanzania, has managed to raise the liv-
heritance and custody of children. These often lead ing standards of women in various towns. Other
to discrimination against women, in spite of consti- MED organisations have flourished with consider-
tutional provisions on equality of all women, men, able success. Poverty reduction is the main national
girls and boys.29 Although there have been several development goal that is supported by activities of
efforts to sensitise women and men on these laws, the Government, NGOs and the rural community.
most women are unaware of their basic rights. In
The gap between rich and poor is widening, espe-
addition, the legal system is overburdened with cases,
cially between the urban and rural populations.This
but lacks resources like staff and funds; therefore
leads to rural women carrying more of the work-
the utilisation of statutory laws is slow and cumber-
load – even though traditionally they have no prop-
some.
erty rights – so in cases of domestic violence, these
NGOs such as TAMWA, the Tanzania Gender Net- same women have neither a place to flee to nor a
work Program (TGNP) and Tanzania Women Law- means of making a living. Even where credit facilities
yer’s Association (TAWLA) have made immense are available women may have access but no con-
strides in raising awareness on women’s rights and trol over their money and other resources. When
disseminating information on the constitutional laws. new technology is introduced into a community,
Others like the Women’s Legal Aid Centre (WLAC) especially if it will generate income, men take it over
and the Legal and Human Rights Centre (LHRC) whereas the women continue with low skills, knowl-
have provided legal aid to women in different re- edge and productivity.
gions of the country.

Gender disparities in decision-making Accountability and responsibility of
There have been steps taken, albeit some contro- government ministries
versial, by the Government to enhance women’s The Ministry of Community Development, Women
participation in decision-making.Through affirmative Affairs and Children (MCDWC) in Tanzania main-
action, 25% of village and district councils should be land and the Ministry of State,Women and Children
women. There have also been initiatives to increase Affairs (MSWC) in Zanzibar are responsible in co-
women’s participation in village committees on criti- ordinating, monitoring and facilitating the concerns
cal issues such as water and sanitation management.32 of women in the state.These Ministries also have an
One of the Government’s post-Beijing commitments advocacy role in mainstreaming women and gender
was to increase women’s political empowerment. issues in the other Ministries and sectors. In 1987,
gender focal points were appointed in all Ministries
In Tanzania, women do not influence the decision-
and they were mandated to interact with established
making process either at domestic or national lev-
women in development/gender and development
els.33 At the household level, for instance in the allo-
(WID/GAD) units in NGOs and international or-
cation of domestic resources, existing attitudes of
ganisations in order to mainstream women and gen-
the patriarchal society view men as the decision-
der issues. However, this strategy was not very ef-
makers, and women as being voiceless. At the na-
fective due to the following reasons:
tional level, few women are appointed to high-pro-
file positions, thus limiting their influence in man- • Both MCDWC and MSWC lacked an institu-
agement, planning and the decision-making process tional mechanism in terms of capacity and
within the country. organisational structure to coordinate, facili-
tate and monitor gender mainstreaming.
Opportunities for education, training
and employment • With the exception of the Civil Service De-
partment, which established a gender unit,
Unequal secondary and tertiary education contin-
ues to hinder the advancement of women and girls.
The education curriculum is stereotyped and does
not encourage girls and women towards careers Table 4: Enrolment in educational
leading to positions of influence. This is also due to institutions, 1994
the socialisation of girls and women, which sets pre- Educational Girls/ Boys/
determined sex roles. Mathematics, technical and Level Women (%) Men (%)
science subjects are geared towards boys since they
Primary Standard 1 49.2 50.8
are socialised to be more career oriented. Table 4
illustrates the considerable differences in school Primary Standard 7 49.4 50.6
enrolment for females and males, starting in Form 5.
Secondary Form 1 45.8 54.2
After graduating from secondary school, there is also
a sharp drop of female students in technical training Secondary Form 4 43.4 56.6
and university.
Pregnancy and absenteeism also hinder girls from
completing their education. Existing societal attitudes
favour the promotion of boys’ education at the ex- Teacher education training 50.8 49.2
pense of the girls’. Access to employment opportu-
Technical education 6.0 94.0
nities is also unequal for women and men.
University education 21.8 78.2
Source: Bureau of Educational Statistics of Tanzania.34

other Ministries only appointed gender focal The current policies in Tanzania are in three catego-
points. Furthermore, the gender focal points ries:
were not situated in positions of influence.
• The first category has a general perspective.
• It is not mandatory for Ministries, institutions The policies on Agriculture and Energy are
or sectors to plan, implement, monitor and examples.
evaluate their work with a gender perspec-
• The second category encompasses those with
tive.
a WID perspective, treating women as special,
Policies marginalised groups. Policies of employment,
population, education, trade and industry fall
A policy is a crucial instrument in realising develop-
in this category.
ment objectives since it gives direction on a common
understanding. In Tanzania, development plans are • The third category of policies emphasise a
based on a general national policy, however there are welfare approach that focuses on improving
specific sectoral policies. These include the Child De- women’s reproductive roles and to a lesser
velopment Policy (MCDWC, 1996), Education and Train- extent their productive roles. These include
ing Policy (Ministry of Education and Culture, 1995), population and land policies.
Community Development Policy (MCDWC, 1996), and
the Women in Development and Gender Policy A way forward and
(MCDWC, 2000). Specific WID/GAD policies and recommendations for combating
inclusion of women’s issues in sectoral policies is one violence against women in
of the efforts made by the Tanzanian Government to Tanzania
mainstream gender issues. However, the analysis done From the early 1990s Tanzania experienced political
by the Sub-Programme for Women’s and Gender reform that brought about a multi-party democracy.
Advancement revealed the following problems: This, in turn, led to different forms of independent
media and created opportunities for the active par-
• Implementing gender mainstreaming has been
ticipation of civil society.36 Specifically in the realm
a major drawback despite the fact that the
of gender, various activists have developed an in-
WID and GAD policies of the United Repub-
formed civil society, with activities ranging from lob-
lic of Tanzania include advocacy for women
bying and advocating to networking and coalition
and gender mainstreaming.
building. Advocacy and lobbying by coalitions and
• Furthermore, WID policies have not clearly networks in civil society can bring about change. In
defined and distinguished the difference be- the 1990s, various initiatives ensured that issues of
tween WID and GAD. As stated by the Sub- violence against women were brought to public at-
Programme for women’s advancement, tention and legal redress demanded.
While a focus on women is recognised as Recommendations for addressing

legitimate in its own right, GAD has domestic violence
emerged to be a much more effective policy
Some issues that aggravate wife battery and abuse
approach providing a clear conceptual ra-
are patriarchal ideology, economic recession or hard-
tionale for planning to meet gender needs
ships, and increased indebtedness at the household
of both women and men for sustainable
level.37 The Declaration by Heads of State or Govern-
development.35
ment of the Southern African Development Community
• Data separated by gender are lacking in sev- and the Prevention and Eradication of Violence Against
eral sectors so it is difficult to analyse the Women and Children,38 of which Tanzania is a signa-
impact of the various policies on women and tory, succinctly outlines key recommendations for
men separately. eliminating violence against women. The solution is

enforcement and implementation of the SADC rec- lice, legal services or legal aid, social welfare
ommendations. to women and children.
1. Passing laws such as sexual offences and do- 10. Promoting gender sensitisation and training
mestic violence legislation stipulating that vio- for all service providers such as the judicial
lence against women is criminal, with appro- officers, prosecutors, police, prison, welfare and
priate measures of penalties, punishment and health officials.
enforcement is crucial.
• In Tanzania, most of the key public officials
• Fortunately in Tanzania there is the Sexual are men occupying decision-making posi-
Offences Act, 1998. More work needs to be tions. In the civil service women comprise
done in disseminating information about 19% of senior to middle management; 12%
this Act as well as CEDAW. of the police force and 3–4 % as heads of
departments and units; and 5–7% of pri-
2. Protecting and empowering women, girls and
mary and district court magistrates.39
elderly women through appropriate measures
is necessary. 11. Researching and documenting information on
violence against women and children – spe-
3. There is a need for eliminating gender biases
cifically, the causes, prevalence and conse-
so that justice and fairness is shown to both
quences – is important.
the victim and accused.
12. Sharing best practices and experiences on
4. Effective access to counselling, restitution and
eliminating violence against women and chil-
reparation for women and children subjected
dren at all levels, namely national, regional and
to violence. Some examples of this are the
international.
Counselling Centre operated by TAMWA as
well as the Women’s Legal Aid Centres found 13. Ensuring that integrated implementation by all
in various regions. stakeholders occurs.
5. Adopting strategies to prevent and eliminate 14. Allocating essential resources to ensure im-
violence against women and girls are crucial. plementation, monitoring and sustainability.
6. Eradicating harmful traditional practices, stere- Recommendations for addressing

otypes and religious beliefs that legitimise and witch-hunts of elderly women
exacerbate violence against women and girls
A study carried out by the Government in 1992
is important.
provided some useful recommendations in address-
• As shown in this paper, FGM falls under ing the practice of witch-hunting elderly women.
this category. These included improving literacy levels, technology
for productive and domestic activities, and also the
7. Introducing and supporting gender
economic condition of both women and men.40
sensitisation and public awareness pro-
However, little has been accomplished to date.
grammes will help eradicate violence against
NGOs’ efforts to address the problem have also
women.
been minimal, although NGOs have concentrated
8. Ensuring that the media appropriately educates more on women’s economic empowerment.
the public on the adverse effects of violence
In the past, elderly people were looked after by their
against women and girls as well as the discon-
children and relatives. Three possible reasons why
tinuation of negative stereotypes.
this traditional familial care has decreased are:
9. Providing accessible, affordable and effective
• The unemployment rate has increased so peo-
services such as information, responsive po-
ple have greater economic hardships.

• The moral obligation for caring for the eld- • Prevention and eradication of such practices
erly has been weakened in the communities. should be based on education about their
In urban areas, for instance, the high cost of adverse health-related, psychological and
living does not socially or economically pro- socio-economic effects.
mote the extended family structure.
• Target groups such as civil society staff, com-
• Thirdly, HIV/AIDS has put additional stress on munity leaders, religious authorities, health
most households who use their limited re- professionals, traditional birth attendants,
sources in caring for the sick. mutilators, parents, schoolchildren, teachers,
women, youth groups and men need to be
What is needed is the establishment of efficient
involved.
mechanisms for collective accountability to the eld-
erly. Social security schemes need to be established • Managers should be trained to facilitate change
in both rural and urban settings.There are approxi- in stereotypes, beliefs and attitudes towards
mately 44 institutions for the elderly and destitute, gender issues among field staff and communi-
20 being run by the Government.41 In urban loca- ties.
tions, there are some institutions such as “Getting
• Production of information, education and com-
Old is to Grow” (GOIG) that must be extended to
munication (IEC) materials is necessary to
the rural areas. However, culturally, most old people
enhance efforts for public and government
are not used to being isolated and confined in homes
advocacy.
for the aged, and there have been incidences where
old people have preferred to be destitute in their • In order to influence a change in attitude to-
own community than to live in institutions.A prefer- wards the practice of FGM, the use of advo-
able system would be community-based care, which cacy tools may be the most effective method
has been shown to be effective especially in looking as it entails the use of influential members of
after people in the advanced stages of HIV/AIDS. the community.
Budget and cost implications cannot be ignored. • Involving all members of the community in the
Unfortunately, when budgets are being allocated, advocacy initiative ensures ownership and the
gender sensitivity is not addressed. It is important possibility for lasting change.
to have gender-disaggregated data to adequately
Activities such as community and national mobilisa-
address the needs of men and women, girls and boys.
tion, education campaigns, production of publications,
If budgeted for, services such as social security funds,
child participation, training of trainers are crucial.
saving schemes and community-based aged care
For the mutilators themselves, alternative means of
would be able to assist elderly women accused of
earning an income need to be addressed.
being witches and chased from their communities.
The following true story illustrates the complexity
Recommendations for combating FGM of FGM issues:
Advocating for FGM eradication initiatives need to
change the attitudes of community members to this
harmful traditional practice.42 This can be achieved
through educational campaigns aimed at policy mak- Naitovuaki’s story
ers, influential members of the community, as well Naitovuaki* was born on 18 March 1985
as children – especially the girl child and her par- in a Masai community in Simamjiro District,
ents. The following recommendations have been Tanzania. In 2001 she completed Standard
made by World Vision Tanzania through its exten- Seven (primary education) and received a pass
sive work in reducing FGM: mark of 55% from Olbili Primary School.
A few months ago her life was turned up-

side down. Her father wanted her to undergo should not be married, and Tanzania has rati-
FGM so that she could become eligible for fied both the CRC and the African Charter.
marriage in the near future. However, The RSWO and the NGOs involved in the
Naitovuaki knew that this was a painful cer- case agreed that Naitovuaki should be facili-
emony both physically and emotionally. tated to leave her home environment and fur-
Through the grassroots advocacy work being ther her education. With initial funding from
done by World Vision in her community, she World Vision, she was enrolled at Emusoi Sis-
gained knowledge and awareness of the harm- ters’ Centre that has assisted several Masai
ful effects of FGM as well as the importance girls in the same predicament to start pre–
of child rights and responsibilities. Fortunately Form One (secondary) education. At the end
she had an ally who opposed FGM – namely of the academic year, if her grades improve
her grandmother, who was literate and had she will be sent to a secondary school for the
received some basic education. Her grand- next four years.
mother advised the mutilator not to mutilate Unfortunately, the situation at home con-
Naitovuaki and her sister, even though they tinues to be rocky, as Naitovuaki’s mother has
went through the initiation ceremony, which been sent away by her father. The father also
lasted for days. So they feigned immense pain threatened to discontinue the education of
so that their plan would not be discovered. the rest of his children, citing Naitovuaki as a
Soon after the FGM ceremony, Naitovuaki’s bad example.
father decided that she would marry a rich
* Recorded January 2002. Real name withheld to
elderly man who practised polygamy; she
protect her identity
would be his fifth wife. Naitovuaki wanted to
continue her education, but the minimum
grade to enter a government secondary school
was 62%. She was not eager to marry this old Closing
man, so she asked her uncle to enable her to
Gender-based violence takes many forms in differ-
run away from home. Naitovuaki realised that
ent countries. This paper has reviewed three forms
her right to education was being violated. Her
prevalent in Tanzania. However, there are variations
uncle took her to the World Vision Area De-
in levels and types of violence across different re-
velopment Program, where Naitovuaki stayed
gions within the country. For instance, in Arusha
with the project coordinator, who later
Region FGM is prevalent, but it is not practised in
brought her to the Advocacy Unit of World
Kagera Region.
Vision Tanzania. In collaboration with the Re-
gional Social Welfare Office (RSWO), the Advocating for the eradication of violence against
Women’s Legal Aid Centre (WLAC) and the women needs to result in proper enforcement of
Human Rights Centre (HRC) in Arusha,World existing laws, policies and conventions, as well as
Vision Tanzania started addressing the issue. implementation of policies through strategic pro-
The RSWO wrote a letter to her father in gramming. For instance the Sexual Offences Special
order to establish dialogue and counsel him. Provisions Act of 1998 clearly defines those acts pun-
According to Tanzania’s Marriage Act, 1978, ishable by law such as FGM and violence.
a girl cannot be married under the age of 15
The Government, NGOs, individuals and commu-
but after that she may be married with paren-
nity-based organisations (CBOs) have managed to
tal consent.This contradicts the Convention of
network and work together to advocate for change;
the Rights of the Child (CRC) and the African
this should continue.The Government can hold civil
Charter for the Rights and Welfare of the Child,
society accountable, and vice versa.
which states that a child (under the age of 18)

When a belief is deeply rooted in culture, such as University of Namibia,Windhoek, undated, pp. 70–
FGM and the witch-hunting of elderly women, it is 74
even more essential to raise awareness of its ad- 7
Abate & Phiri, ibid.
verse effects through publications, media and infor-
8
mational, educational and communications material. Sisterhood Is Global Institute, Safe and Secure: Elimi-
Positive cultural practices can be celebrated as a way nating Violence Against Women and Girls in Muslim
of combating oppressive ones. Societies, Montreal, 1998.
9
TAMWA, Sauti ya Siti, ibid.
10
Tanzania Media Women’s Association (TAMWA),
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25
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Development by SADC Heads of State or Govern-
Beijing, September 1985, Dar-es-Salaam, Govern-
ment, Associated Printers, Gaborone, 1998, pp.
ment Printer, 1995, pp. 10 – 19
20–24
28
Keller & Kitunga, op. cit. 39
Keller & Kitunga, op. cit.
29
Southern African Development Community 40
Mukangara & Koda, op. cit.
(SADC), Sub-Programme for Women’s and Gender
41
Advancement, 1997/98–2003, Associated Printers, ibid.
Gaborone, 1998, pp. 53–57 42
Advocacy Unit,World Vision Tanzania, 2001, Op.cit.
30
United Republic of Tanzania, 1995, op. cit.
31
Mhoja & Kijo-Bisimba, op. cit.
32
Keller & Kitunga, op. cit.

Rape as genocide: Lessons from
the Balkans and Rwanda in the 1990s
Brenda Fitzpatrick
Introduction case, they were horrendous acts and there can be

“It’s war,” he shrugged. “Rape happens.”1 no hierarchy in the respective definitions. However,
it is as important to understand the nature of rape
“I think the reticence [of international courts to and genocide, as to understand the nature of killing
try cases of rape] is a combination of classic gen- and genocide, if the international community is to
der discrimination, that manifests itself in the at- have any chance of prohibiting, preventing, recognis-
titude that crimes of sexual violence against ing, responding to, prosecuting and punishing these
women are so-called lesser crimes.” 2 practices.
Rape was established as a form of torture and of
The Genocide Convention
cruel and inhumane treatment and, as such, a war
crime, by the Geneva Conventions of 1949.3 But the Key elements of the text of the 1948 Convention on
decade of the 1990s saw heightened awareness of the Prevention and Punishment of the Crime of Geno-
rape as a weapon of war rather than a more limited cide7 (the Convention) are issues of defining and iden-
notion of it as a by-product of unruly troops en- tifying the perpetrators, the targeted victims, the
gaged in conflict. nature of the acts, the intent behind those acts and
the responsibility to prosecute. There have been
Rape was widespread in the conflicts in the Balkans many criticisms of the Convention: some have criti-
and in Rwanda in the 1990s. An Ecumenical Wom- cised it for being too limited in scope8 and others
en’s Team from the World Council of Churches, vis- for being unenforceable.9 Yet, even taken in its cur-
iting refugee camps in and around Zagreb in 1992, rent minimalist form, it is a useful way of analysing
reported:“Survivors speak of ‘rape on the front line’ and understanding events that demand attention –
and ‘third-party rape’. These are rapes carried out events which include mass rapes.
publicly by Serbian soldiers to demoralise family
members and opposition forces compelled to wit- Within the terms of the Convention, it would seem
ness them.”4 In 1993, the United Nations Economic that the rapes in the 1990s in Rwanda and in the
and Social Council (ECOSOC) in a human rights Balkans (especially in Bosnia-Herzegovina), could be
resolution expressed outrage at rape being used as deemed genocidal in that they were potent elements
a weapon of war5 and in 1994, the UN General As- of genocidal campaigns. In each arena, it is possible
sembly’s resolution 205 expressed alarm at “the to identify perpetrators and targeted victims; there
continuing use of rape as a weapon of war.”6 Both of is an established responsibility for prosecution; and
these resolutions also recognised the use of rape as the nature of the rape fits within the definition of
an instrument of ethnic cleansing and noted that the Convention. In each case, intent to destroy “in
“the abhorrent policy of ethnic cleansing is a form part or in whole,” especially as it causes “serious
of genocide” – thus a definite link was made be- bodily or mental harm to members of the group”
tween rape and genocide. can be established.10
If the Balkans and Rwanda conflicts were genocides, The International Criminal Tribunal for Rwanda
the question needs to be asked: Were the rapes, (ICTR) ruled that rape and sexual violence “consti-
which were part of the conflicts,‘genocidal’? or were tute genocide in the same way as any other act as
they ‘accompanying violations of rights’? In either long as they were committed with the specific in-
Rape as genocide: Lessons from the Balkans and Rwanda in the 1990s 75
tent to destroy, in whole or in part, a particular group Rwanda
targeted as such.”11 In Rwanda, rapes, which were Human RightsWatch has published an extensive docu-
most often the precursor to killing, were part of mentation of events in Rwanda and claims that “at
one integrated genocidal campaign. In the Balkans, least half a million people perished” in the thirteen
where many rapes targeted women who were then weeks after April 6 1994.18 Throughout the 771 pages
left alive, rape would seem to have been a parallel of this documentation there are constant references
campaign in which rape on its own could be defined to rape of women although there is no attempt to
as genocidal. quantify it. In the publication Shattered Lives, Binaifer
That numerous and extensive acts of rape occurred Nowrojee says, “Rwandan women were subjected
in both arenas is well documented. to sexual violence on a massive scale” and “Although
the exact number of women raped will never be
The Balkans known, testimonies from survivors confirm that rape
By December 1994, in the former Yugoslavia, there was extremely widespread and that thousands of
were approximately 1,100 reported cases of rape women were individually raped, gang-raped, raped
and sexual assault. About 800 victims had been with objects such as sharpened sticks or gun barrels,
named or were known to the submitting source; held in sexual slavery (either collectively or through
about 1,800 victims had been specifically referred forced “marriage”) or sexually mutilated.”19 Reasons
to but not named or identified sufficiently by the for Rwandan women not always reporting rape are
reporting witness; and witness reports through ap- noted as similar to those of women in the Balkans.
proximations referred to a possible further 10,000 I was in the refugee camps at Ngara,Tanzania, during
victims.12 The European Council received a report the massive exodus from Rwanda in 1994. These
from an Investigative Mission in January 1993 which camps were filled with refugees who were surviving
accepted the possibility of speaking “in terms of many Tutsis and some Hutus who had been targeted in
thousands. Estimates vary widely, ranging from 10,000 the massacres. A prevailing belief of the aid workers
to as many as 60,000.The most reasoned estimates and medical and relief personnel was that any Tutsi
suggested to the Mission place the number of vic- “female” (this term was often used to include both
tims at around 20,000.”13 women and little girls of any age) who had managed
These numbers and the limited mandate of the Mis- to cross the border to safety had “probably been
sion (to investigate only treatment of Bosniak raped – and maybe more than once.”20 Tutsis were
women) were later criticised,14 though such criti- targeted “because of their Tutsi origin and not be-
cisms were offset by the acknowledged reluctance cause they were RPF [Rwandan Patriotic Front] fight-
of many women to report rapes. The report of the ers. In any case, the women and children would, natu-
Commission of Experts15 outlines some reasons for rally, not have been among the fighters.”21
this reluctance.They included fear of reprisals against Before considering the issue of policy-related rape,
themselves and family members; shame and fear of it is essential to consider whether rape per se can
being ostracised; as time passed, many women just fall within Article II of the Convention – that is, to
wanted to get on with their lives; for many women determine whether rape is an act that can be com-
did not have a place to report the assaults or rapes; mitted “with intent to destroy, in whole or in part”
and increased scepticism by refugees about the in- a targeted group:
ternational community’s response.
Genocide Convention, Article II
Reports by Human Rights Watch including Bosnia
and Hercegovina,“A Closed Dark Place”: Past and Present In the present Convention, genocide means any of
Human Rights Abuses in Foca,16 and by writers such the following acts committed with intent to destroy,
as Peter Maas, detail many individual incidents.17 in whole or in part, a national, ethnical, racial or re-
ligious group, as such:

(a) Killing members of the group; often dissuades women from seeking the medical
assistance they need.”
(b) Causing serious bodily or mental harm to
members of the group; Many women are rejected by communities – or suf-
fer feelings of guilt for having survived after rape. In
(c) Deliberately inflicting on the group conditions
one case reported from the Balkans by Human Rights
of life calculated to bring about its physical
Watch, a woman taken from her family and husband
destruction in whole or in part;
and returned an hour later, fainted and wept. “She
(d) Imposing measures intended to prevent births told her mother-in-law and other women in her fam-
within the group; ily that she had been raped. In shock, she tried to
commit suicide by putting her fingers in a light
(e) Forcibly transferring children of the group to
socket.” In another interview a woman is quoted: “I
another group.
am afraid I am pregnant. If it’s true that I am preg-
According to Helen Fein, Raphael Lemkin – the 20th nant, I’d rather die.”23 Reports from Rwanda include
century activist scholar who coined the word ‘geno- reference to some women who, after being raped,
cide’ – viewed (b), (c) and (d) above as steps to- were told they would be allowed to live so that they
wards (a) in most cases of genocide. Fein also notes: would “die of sadness.”24 A Rwandan colleague now
“besides mass killing, genocide also may living in London told me the story of her cousin, a
include…murder through starvation and poisoning mother before she was held by Interahamwe soldiers,
of air, water or food and…the involuntary transfer frequently raped and eventually allowed to escape.
of children.”22 Rape is a notable omission from her “We still worry about her. She will not leave her
list, considering that rape can contribute to mass house now and for a long time she did not care for
killing and that it can also be shown to cause seri- her child. They did it to humiliate her and they de-
ous bodily or mental harm, to deliberately inflict stroyed all her ability to live.”
conditions of life calculated to bring about physical
The group impact of rape is described by Nowrojee:
destruction, and to impose measures intended to
“The humiliation, pain and terror inflicted by the
prevent births within the group.
rapist is meant to degrade not just the individual
“In whole or in part”: rape’s destruction woman but also to strip the humanity from the larger
group of which she is a part.The rape of one person
Many women in Rwanda were killed after being
is translated into an assault upon the community
raped, but some did survive. Rwanda is a country
through the emphasis placed in every culture on
where HIV/AIDS has been rampant since before
women’s sexual virtue: the shame of the rape hu-
1994. Nowrojee noted the persistent health prob-
miliates the family and all those associated with the
lems of surviving victims of sexual abuse during the
survivor.”25 Additional to this is the long-term im-
genocide and, “According to Rwandan doctors, the
pact on a group when many of its women suffer
most common problem they have encountered
physical and psychological injuries, and possibly en-
among raped women who have sought medical treat-
counter economic difficulties when deprived of tra-
ment has been sexually transmitted diseases, includ-
ditional support of husbands and community who
ing HIV/AIDS (although it is often impossible to know
may ostracise victims or blame or suspect them of
if this is due to the rape). Since abortion is illegal in
complicity with the enemy.26
Rwanda, doctors have also treated women with se-
rious complications resulting from self-induced or Children of rape
clandestine abortions arising from rape-related preg-
Other deaths have resulted from children being aban-
nancies.” There have also been health problems aris-
doned or from infanticide. The Rwandan National
ing from pregnancies and childbirth among extremely
Population Office estimated between two and five
young girls who were raped.This is compounded by
thousand pregnancies resulting from rapes. These
the fact that “the stigma surrounding sexual abuse
are referred to as “pregnancies of the war,” “chil- flected in Stoett’s comment that,“Even the Rwandan
dren of hate,” “enfants non-desirés (unwanted chil- massacre can be interpreted as largely political.”32 In
dren)” or “enfants mauvais souvenirs (children of bad both arenas, there are clear indications of acts tar-
memories).”27 In 1992, I was in the former Yugosla- geting “a national, ethnical, racial or religious group,
via speaking with doctors and health workers with as such,”33 thus meeting the Convention’s criteria
Bosnian refugees who had crossed into camps near for genocide.
Zagreb. Many of these workers spoke of women who
However, it is important to note the different types
were raped and who had either committed suicide
of rape reported in both arenas. The ICTR Sum-
or killed children born of the rapes.
mary noted that at that time (2 September 1998)
Article II refers to “measures taken to prevent there was “no commonly accepted definition of this
births,” but follows this with the words “within the term in international law,” and went on to offer a
group.” In patriarchal societies such as Rwanda and definition of rape as “a physical invasion of a sexual
the former Yugoslavia, however, children are recog- nature, committed on a person under circumstances
nised as belonging to the group of the father. In the which are coercive,” noting that, “in this context,
Bosnian refugee camps, it was stated to me that chil- coercive circumstances need not be evidenced by a
dren whose biological fathers were Serbs would al- show of physical force.”34 Bassiouni identifies sev-
ways be considered in some way Serb. The speaker, eral different categories of rape, which included that
a professional woman, continued,“One part of me – committed as the result of individual or small group
deep inside – believes that my children belong to conduct “without evidence of command direction
their father.”28 Not only are the children of the rapes or an overall policy,” and urges a distinction “be-
seldom accepted as not part of the mother’s ethnic tween ‘opportunistic’ crimes and the use of rape
group, they are also often the cause of family divi- and sexual assault as a method of ‘ethnic cleansing’.”
sions when mothers try to raise them. The two types of rape that can be identified as re-
lated to ethnic cleansing are those occurring as part
There are clear grounds for admitting rape as a po-
of a policy of commission, and those that point to a
tentially genocidal act according to Article II of the
policy of omission.35
Convention.
Fein has said that “one can demonstrate intent by
There are also clear grounds for establishing ‘intent
showing a pattern of purposeful action,” and referred
to destroy’ with rape in both the Balkans and in
to Reisman and Norchi who argued that intent “is
Rwanda.
demonstrated on prima facie grounds by deliberate
Rape as opportunism, or repeated (criminal) acts.”36 The patterns, which
rape as policy emerged in accounts of rape in Bosnia, have been
well documented.
While there are accounts of rape by all sides in both
the Balkans and in Rwanda, the evidence is that most Bassioni’s report to the UN Security Council identi-
were committed against Bosniak women by the Ser- fied recurring characteristics of rapes and sexual as-
bian forces29 and against Tutsi women by much of saults and concluded that, while some cases were
the Hutu population and forces of the Interahamwe the result of independent individual or small group
in Rwanda.30 In its 1998 ruling that Jean-Paul Akayesu, conduct, the patterns suggested that “a systematic
a former mayor, was guilty of genocide, the ICTR rape and sexual assault policy exists.” While admit-
included rape in the genocidal acts. In the summary ting that this was yet to be proven, he noted that
of the case against Akayesu, one Tutsi woman is re- some level of organisation would have been needed
corded as testifying: “each time that you met assail- to account for the large number that occurred –
ants, they raped you.”31 These statements and the particularly in places of detention. When consider-
corroborating evidence presented to the court ing the correlation between media attention and the
would seem to offer an alternative view to that re- decline in the number of rapes and assaults, he sug-

gests, too, “that the purposes for which the alleged acts of rape and sexual mutilation were not acces-
rape and sexual assault was carried out had been sory to the killings, or, for the most part, opportun-
served by the publicity.” This, in turn,“would indicate istic assaults. Rather, according to the actions and
that commanders could control the alleged perpe- statements of the perpetrators, as recalled by survi-
trators, leading to the conclusion that there was an vors, these acts were carried out with the aim of
overriding policy advocating the use of rape and eradicating the Tutsi.” Documented cases recall rap-
sexual assault as a method of ethnic cleansing.”37 The ists saying during the acts that they wanted to kill all
rapes documented in the report on Foca by Human Tutsi (though, as noted above, some told of attack-
Rights Watch38 indicate a systematic approach. ers saying that rather than kill the women on the
ECOSOC referred to “the systematic practice of spot, they preferred to “leave them to die from their
rape” being used in the ethnic cleansing,39 and the grief”). One woman told of her rapist saying, “We
General Assembly noted the conviction that “this must kill Tutsi women.We must rip them apart.” Rape
heinous practice constitutes a deliberate weapon of was “condoned and encouraged by the army and
war in fulfilling the policy of ethnic cleansing.”40 government authorities” and “the genocide planners
deliberately created and permitted a generalised en-
The conclusion of the World Council of Churches
vironment of lawlessness.”43
report Rape of Women in War, state that there was
“mounting evidence of systematic rape.” In the same A further indicator of intent is the evidence of de-
report, a woman representative of a mosque in liberate impregnation of women raped. Bassiouni
Zagreb is quoted: “There has been rape in every identified this in the former Yugoslavia. When de-
war – all soldiers raped…but before, it was always a scribing the patterns of rape and sexual assault, he
thing of shame.”41 The patterns documented in the wrote, “Often the captors state that they are trying
texts already mentioned indicate both a deliberate to impregnate the women; pregnant women are
plan of rape and assault, and widespread condoning treated better than their non-pregnant counterparts;
of these acts – indicating both a policy of commis- and pregnant women are detained until it is too late
sion and a policy of omission. in the pregnancy to obtain an abortion.” He identi-
fied particular characteristics of rapes and sexual
Later, Kosovar refugees fleeing the Serb forces also
assaults: “perpetrators tell female victims that they
reported systematic rape. I was in Albania and inter-
will bear children of the perpetrator’s ethnicity, that
viewed a spokesman for a group of attorneys work-
the perpetrators were ordered to rape and sexu-
ing with the General Prosecutor of Albania. He be-
ally assault them” and “perpetrators tell victims that
lieved that there were grounds for international in-
they must become pregnant and hold them in cus-
vestigation based on the evidence he had been docu-
tody until it is too late to get an abortion.”44
menting. He spoke of the large numbers of women
prepared to testify, despite the reticence he would Additional evidence of intent is found in the propa-
have expected of victims of rape, and concluded that ganda that preceded the genocide in Rwanda. Media
one reason was “the collective nature and aspect of such as Radio Kangura and RTLM, virulent tools of
the crimes. Sadly, when many women have been propaganda, fuelled the hatred and jealousy of Tutsis
raped, it may be easier for each one to cope and to in Hutu listeners. Tutsi women – traditionally seen
speak about her experience.”42 as beautiful, desirable and seductive – were presented
as spies and enemies of the Hutu. Kangura was re-
Similar evidence has emerged for Rwanda. Nowrojee
ported as warning Hutus “to be on guard against
wrote,“The genocidal intent behind sexual violence
Tutsi women,” since the fighters of the RPF “will not
in the Rwandan genocide emerges from both the
hesitate to transform their sisters, wives and moth-
overall pattern of sexual violence and the individual
ers into pistols” to conquer Rwanda.45
cases of abuse documented in different parts of the
country during different phases of the genocide.The Prunier points out that when identifying the “organ-
pattern of sexual violence in Rwanda shows that isers” of the events in Rwanda, “doubts are rela-
tively limited.” Until the late stage “the killers were If there are difficulties in prosecuting genocidal kill-
controlled and directed in their task by civil serv- ings, then there will be even more reticence and
ants in the central Government,” who, in turn, re- enumerated obstacles to prosecuting genocidal rape
ceived orders from the capital, Kigali.46 This is sup- – because of traditional and prevailing dismissals of
ported by a record dated 6 May 1994 in which pre- sexual crimes as indicated in the two quotes at the
fectural authorities decided to write to burgomas- opening of this chapter.
ters about the need to stop rapes with violence.47
Yet there have been moves indicating some (albeit
Article II applied limited) preparedness to indict, prosecute and pun-
ish perpetrators of rape in genocides. Human Rights
It would seem, then, that the rapes in both Rwanda
Watch provided a summary report regarding the
and in the Balkans can be aligned with Article II of
international tribunals and crimes of sexual violence,
the Genocide Convention. They were perpetrated
noting that acts of sexual violence fall within the
by identifiable groups, targeted identifiable groups,
jurisdiction of the International Criminal Tribunals
there is evidence of destruction “in part or in whole
for both Yugoslavia (including Kosovo) (ICTY) and
of a group as such,” and there is clear evidence of
Rwanda (ICTR). By March 1999, the ICTY had in-
intent. Fein48 has said, “Genocides, states of terror,
dicted 27 individuals in relation to 130 individual
and states of violation of life integrity often overlap
crimes that involved either rape or sexual assault.
in time in the same place.” It is tempting, in acknowl-
The jurisprudence of the international criminal tri-
edging this, to suggest that the rapes in Rwanda and
bunals does include rape prosecuted as genocide.51
the Balkans – particularly in Rwanda where so many
women were raped before killing – were accompa- The case of Jean-Paul Akayesu, who was found guilty
nying violations of rights. However, examination of of genocide – including genocidal rape – by the ICTR
available reliable evidence must lead to the conclu- in September 2 1998, was a breakthrough in the
sion that while there were accompanying violations, prosecution of rape in genocide. Human Rights
these acts of rape themselves were genocidal. Watch issued a statement saying:“The verdict is the
first handed down by the Rwandan Tribunal; the first
Prosecution conviction for genocide by an international court;
Naming a series of acts as genocide brings with it a the first time an international court has punished
responsibility to prosecute. This is well recognised sexual violence in a civil war; and the first time that
by states and the international community. It was rape was found to be an act of genocide to destroy
for this reason that politicians in Europe and the a group.” HRW spokesperson Regan Ralph, an au-
USA prevaricated for so long before being prepared thority on violence against women, continued,“Rape
to refer to events in Rwanda and the Balkans – par- is a serious crime like any other. That’s always been
ticularly in Bosnia-Herzegovina – as genocides. true on paper, but now international courts are fi-
nally acting on it.”52
Andreopoulos49 raised the issues around prosecu-
tion referring to Fein’s observation that the most In February 2001, in another historic court ruling,
fundamental problem with the Convention is “its Bosnian Serbs were convicted by the ICTY for rape,
unenforceability, as the perpetrator of the genocide, torture and enslavement.This provoked Regan Ralph
the state, is responsible for its prosecution.” He has to comment:“This decision is historic because it puts
commented that “a transnationalist approach can those who rape and sexually enslave women on
gather momentum seriously only if it is prepared to notice that they will not get away with these hei-
tackle the thorny issues associated with the primacy nous crimes.”53
of state sovereignty.” Stoett has outlined difficulties
However, the cases against the Bosnian Serbs did
in enforcing prosecution given the scale of geno-
not make a direct link between rape and genocide
cidal acts, and questions whether the United Na-
in the way it had been done in the Akayesu case.
tions can ever play an effective and impartial role.50

Even now with the indictment of Slobodan Milosevic
there is still no further, solid recognition that rape References
of itself can be a genocidal act.This latter case, does, 1
A Serbian Orthodox priest, interview with author,
however, show that heads of sovereign states can
Zagreb, December 1992
be brought to account – even if one may acknowl-
2
edge that world politics leading to this happening Julia Hall, lawyer with Human Rights Watch, in an
are complex and probably involve a variety of interview reported by Alexandra Poolos, ‘Human
motivations. Rights Advocates Say Rape is War Crime’, Radio
Free Europe, 25 May 1999
In all, the difficulties in prosecuting those guilty of
3
genocide are acknowledged. But, difficulty in imple- Geneva Convention, Protocol II,Article 4 (20) (e), 1949
menting prosecution should not be equated with 4
Brenda Fitzpatrick, Rape of Women in War, World
any logical or ethical reason to avoid acknowledg-
Council of Churches, Geneva, 1992
ing, naming, and increasing awareness of genocide.
5
This is true of genocide by direct slaying or geno- United Nations Economic and Social Council,‘Rape
cide by rape, which has the same outcome. and Abuse of Women in the Territory of the
Former Yugoslavia’, Commission on Human Rights
Closing Resolution 1993/8, 23 February 2001
So, why does it matter whether rape can be geno- 6
United Nations General Assembly,‘Rape and Abuse
cidal? It matters because it needs to be recognised
of Women in the Areas of Armed Conflict in the
that it is possible for genocide to be committed by
Former Yugoslavia’, General Assembly Resolution
means other than campaigns of mass slaying. Geno-
1994/205, 6 March 1995
cide by rape is and has been a potent form of geno-
7
cide – whether or not it involves accompanying or Text of the 1948 Genocide Convention quoted in
parallel campaigns of slaying. Recognising that geno- George J. Andreopoulos, Genocide: Conceptual and
cide by rape is a reality matters if the Convention Historical Dimensions, University of Pennsylvania
matters because Article IV says, “Persons commit- Press, Philadelphia, 1997
ting genocide or any of the other acts enumerated 8
Frank Chalk, ‘Redefining Genocide’, and Israel W.
in Article III shall be punished, whether they are con-
Charny, ‘Toward a Generic Definition of Geno-
stitutional rulers, public officials or private individu-
cide’, in Andreopoulos, ibid.
als.” It matters because, given the lack of interest in
9
prosecuting crimes of sexual violence against women Peter J. Stoett, ‘This Age of Genocide: Conceptual
more generally, it is also possible that genocide by and Institutional Implications’, Deakin Reader in
rape could go unnoticed, not condemned, not pros- the International Journal,Vol. 1, No. 3, Summer 1995
ecuted or unpunished, and that few resources would 10
Geneva Convention, Article II (b)
be allocated to proactive strategies of prevention.
11
International Criminal Tribunal for Rwanda, Sum-
mary of the Judgement in Jean-Paul Akayesu Case,
ICTR-96-4-T, paragraph 51, 2 September 1998,
http://www.un.org/ictr/english/singledocs/
ipa_summary.html
12
M. Cherif Bassiouni, Rape and Sexual Assault: Final
Report of the United Nations Commission of Experts
Established Pursuant to Security Council Resolution
780 (1992), Annex IX, United Nations Security
Council, 28 December 1994
13 28
European Council Investigative Mission into the Fitzpatrick, op. cit., p. 20
Treatment of Muslim Women in the Former Yugo- 29
Bassiouni, ‘Annex IV, The policy of Ethnic Cleans-
slavia, Report to the European Council Foreign Minis-
ing,’ in Final Report, op. cit.
ters, 28 January 1993, paragraph 14
30
14
Nowrojee, op. cit., ‘Introduction’
Norma Von Ragenfeld-Feldman,‘The Victimization
31
of Women: Rape and the Reporting of Rape in Judgement of Jean-Paul Akaseyu, op. cit. paragraph
Bosnia-Herzegovina, 1992–1993’, presented at Fifth 27
Annual Interdisciplinary German Studies Confer- 32
Stoett, op. cit., p 602
ence, 15–16 March 1997
33
15
Andreopoulos, op. cit., text of the 1948 Genocide
Bassiouni, op. cit.
Convention, Article II
16
Human Rights Watch, Bosnia and Hercegovina, ‘A 34
Judgement of Jean-Paul Akaseyu, op. cit., paragraphs
Closed Dark Place’: Past and Present Human Rights
37 and 38
Abuses in Foca Vol. 10, No. 6 (D), 1998
35
17
Bassiouni, Annexe IX, op. cit., p 9
Peter Maas, Love Thy Neighbour: A Story of War,
36
Papermac, Macmillan, London, 1996, pp. 51–52, 12– Fein, op. cit., p 97
13, 5–7, 53–54 37
Bassiouni, op. cit., pp 8, 9
18
Alison Des Forges, Leave None to Tell the Story, Hu- 38
Human Rights Watch, ‘Bosnia and Hercegovina. ‘A
man Rights Watch, New York, March 1999, p. 1
Closed Dark Place’ Past and Present Human Rights
19
Binaifer Nowrojee, Shattered Lives: Sexual Violence Abuses in Foca’, op. cit.
during the Rwandan Genocide and its Aftermath, Hu- 39
United Nations ECOSOC Resolution 1993/8, op.
man Rights Watch, New York, 1996
cit.
20
Comment from a woman staff member of 40
United Nations General Assembly Resolution
Médecins sans Frontieres to the author, in Ngara
1994/205, op. cit.
in 1994. It was a comment echoed many times by
41
a variety of Tanzanian and European personnel Fitzpatrick, op. cit., pp. 21, 20
dealing with the refugees. 42
Brenda Fitzpatrick, Kosovo: the Women and Children,
21
International Criminal Tribunal for Rwanda, op. cit., World Vision Australia, Burwood East, 1999, pp.
paragraph 19 14–15
22 43
Helen Fein,‘Genocide,Terror, Life Integrity, and War Nowrojee, op. cit., pp. 19, 20, 25
Crimes’, in Andreopoulos, op. cit., pp. 96, 102 44
Bassiouni, op. cit., pp. 7–8
23
Martina E. Vandenburg, ‘The Aftermath: Ongoing 45
Nowrojee, op. cit., p. 11
Issues Facing Kosovar Albanian Women’, in Federal
46
Republic of Yugoslavia: Kosovo – Rape as a Weapon of Gerard Prunier, ‘Genocide and Renewed War (6
‘Ethnic Cleansing’, Vol. 12, No. 3, Human Rights April – 14 June 1994)’, Deakin Reading 27 in
Watch, Women’s Rights Division, March 2000 Gerard Prunier, The Rwanda Crisis: History of a Geno-
24
cide, Columbia University Press, New York, 1995,
Nowrojee, op. cit., p. 2
pp. 239, 244
25
ibid. 47
Des Forges, op. cit., p. 564
26
ibid., p. 3 48
Fein, op. cit., p. 105
27
ibid., p. 3 49
Andreopolous, op. cit., pp. 3, 18

50
Stoett, op. cit., pp. 612–614
51
Human Rights Watch, ‘Kosovo Backgrounder:
Sexual Violence as International Crime,’ 10 May
1999
52
Human Rights Watch, ‘Human Rights Watch Ap-
plauds Rwanda Rape Verdict,’ 2 September 1998
53
Human Rights Watch, ‘Bosnia: Landmark Verdicts
for Rape,Torture and Sexual Enslavement,’ 22 Feb-
ruary 2001
Violence against women in Europe
Sylvia Mpaayei
Introduction:The cost of silence Psychological and emotional abuse, such as constant

Violence against women is a hidden evil in almost all belittling, intimidation and humiliating treatment, also
societies – a secret, silent problem in many homes put women at risk of depression, suicide attempt,
and cities around the world. Many women suffer si- chronic pain syndrome and psychosomatic disorders.4
lently, too afraid to share what they experience be- If violence has such a negative impact on women’s
cause they feel ashamed about what has happened health, why are women silent? Women are often si-
to them. Compounding the problem is that women lent because they do not know what alternatives
do not want to humiliate those close to them by are available to them. Many do not have systems of
divulging that they were abused. justice and governance to support them and to set
The tragedy is the cost of this nearly invisible societal them free from the violence they face, but even
“disease” – the cost of ill health. Studies exploring where such systems are in place, some women re-
violence and health consistently report negative and main silent. Women dependent on spouses for an
far-reaching effects. The true extent is difficult to income are afraid to leave the only form of security
determine because of the largely invisible nature of they know.Women are often cowed into silence due
the crimes. Physical health outcomes of violence to fear: the fear of repeated or increased violence
against women include injury, unwanted pregnancy, against them by the people that abuse them.Women
gynaecological problems, permanent disabilities, are silent from shame, the humiliation of sharing what
asthma and self-injurious behaviours. The mental violence has done to their minds and bodies.
health outcomes are even more daunting and in- In Europe, as elsewhere, violence against women is
clude depression, fear, anxiety, low self-esteem, sexual an obstacle to the achievement of gender equality,
dysfunction, eating disorders, obsessive-compulsive development and peace, and of course to the hu-
disorder and post-traumatic stress disorder.The fa- man rights of women.
tal outcomes are often suicide, murder, maternal
mortality and HIV/AIDS.1 Violence in relationships
Violence is described as “intentional use of physical Europe today is faced with a rising number of cases
force or power (threatened or actual) against a per- of violence against women:5
son, resulting in injury, death or psychological harm.” • At least one in five women in the European
It is estimated that 20–50% of women in the world Union (EU) experienced abuse by their inti-
have experienced physical or sexual abuse some- mate male partner, with some 95% of all acts
time in their lives.2 of violence taking place in the home.6
Violence against women occurs in many forms and • In the Netherlands, data for 1989 revealed that
in all places – at home, in the workplace and in the 21% of women questioned in a survey had
community. Numerous studies clearly show that the been subjected to physical violence by a male
most pervasive form of gender-based abuse is car- partner or ex-partner, at some time during
ried out in homes against women by their intimate their lives. Some 13% of women were experi-
male partners. Rape and other forms of sexually encing sexual/and or physical violence at the
coercive relationships are also widely prevalent.3 time of the survey.
Violence against women in Europe 85

• Information from Belgium in 1998 showed that domestic violence, including marital rape, in Ro-
“Partners are the most dangerous perpetra- mania.9
tors; they are over-represented in relation to
The situation for Albanian women is no different.
moderately severe and serious acts of vio-
Domestic violence has worsened in recent years and
lence.” In about 48% of cases of violence
remains behind closed doors, supported by tradi-
against women, the perpetrator was a male
tion. The Albanian civil code has no provisions to
partner.
ensure that a person who is believed to be in dan-
• In Finland, 40% of adult women were victims ger has the right to demand a temporary court de-
of physical or sexual violence inflicted by men, cision to prevent the violence. Only 5% of cases of
or were threatened with violence, after their domestic violence are brought to court.10
15th birthday. Moreover, data for 1998 revealed
In addition, the trafficking of women and girls in Al-
that 22% of married or cohabiting women
bania continues to be a major problem. Save the
experienced violence or threats thereof at the
Children carried out a detailed study on trafficking
hands of their current male partner, 9% of
of under-18 year olds (and also women) from Alba-
them during the previous year.
nia, concluding that thousands of women and chil-
• A national survey conducted in France in 2000 dren have been lied to or abducted outright, and
indicated that 10% of women were subjected forced into the commercial sex trade abroad. The
to violence from their partner during the last study found that this recruitment still occurs on a
year; 18% had experienced physical violence daily basis. According to the report, at least 60% of
and about 11% sexual violence since the age Albanians trafficked for prostitution are children; the
of 18; and 9% of women had experienced rape number in some areas is as high as 80%. Of those
or an attempted rape, almost 3% before the trafficked, most (60%) are deceived into the sex trade,
age of 18. Also in France, of the 25,000 cases and 35% are abducted. Furthermore, in some rural
of rape actually taking place every year, only areas, up to 90% of girls over the age of 14 have
8,000 are officially reported to the police.7 stopped attending school due to fear of being traf-
ficked.11
• Statistics collected by ROKS, the main wom-
en’s organisation in Sweden, showed an in- The International Organization for Migration (IOM)
crease in the number of rape cases reported: and International Catholic Migration Commission
885 cases in 1980 compared to 1,998 in 1998.8 (ICMC) report on trafficking in women in Albania
sheds new light on the levels of violence and of sexual
Europe overall continues to struggle to adhere to
exploitation suffered by victims.The report is based
international standards on issues of violence against
on the testimonies of 125 women who were as-
women. This is illustrated in the concerns docu-
sisted last year by IOM and ICMC. It shows that
mented in the Reporting Committee of the Con-
73% of the victims, mostly Moldovans and Romani-
vention on the Elimination of All Forms of Discrimi-
ans, were cheated by traffickers into believing they
nation Against Women (CEDAW).
were going to Europe to get jobs as waitresses, nan-
Violence and trafficking in nies or au pairs.The report says that 18% of victims
Eastern Europe had been kidnapped and 32% had been raped and
beaten into submission.A further 73% said they suf-
Among the major recent concerns of the CEDAW
fered intimidation and confinement.The evidence in
Reporting Committee have been the failure of the
the reports demonstrates that trafficking in and
Government of Armenia to address violence against
through Albania of women and children remains a
women; and the expansion of trafficking in women
major problem.12
in Romania as a country of both origin and transit.
There is also an absence of legislation criminalising

Domestic violence: some form of domestic violence”
a major challenge
• 64% believed there was such a thing as a ge-
The greatest violence problem in Europe is clearly netic predisposition to violence
violence in the home. In June 1999 a survey13 was
conducted by the European Commission to exam- • 64% cited the way women are viewed by men,
ine what Europeans thought about issues relating and 59% the way power is shared between
to domestic violence against women. A total of the sexes
16,179 people were polled in over 15 countries (an • 57% cited a low level of education
average of around 1,000 per country).
and
European attitudes
• less than 50% of respondents identified harm-
The Eurobarometer survey showed that 89% of ful effects of the media, religious beliefs, or
Europeans had heard of domestic violence (includ- the provocative behaviour of women as causes
ing through the media). Some 62% of Europeans of domestic violence.14
considered domestic violence against women to be
“unacceptable in all circumstances and always pun- Favoured solutions
ishable by law,” while 32% who considered it “unac- For solutions to the problem of violence against
ceptable in all circumstances but not always punish- women, 95% of people thought that punishing per-
able by law.” Only 2% said it was “acceptable in cer- petrators served a useful purpose and 91% thought
tain circumstances” and 0.7% that it was “accept- tougher enforcement of existing laws did. About
able in all circumstances.” One European in two 91% thought teaching young people about mutual
(50%) thought that domestic violence was fairly com- respect, while 89% recommended providing a free-
mon. Sexual violence against women was rated as phone number for women seeking help and advice.
very serious by 90% of Europeans, physical violence Other responses included: information leaflets writ-
by 87%, psychological violence by 65%, restricted ten for perpetrators (86%), tougher laws (86%), laws
freedom by 64% and threats of violence by 58%. to prevent sexual discrimination (85%), and cam-
When asked whether they knew of any women who paigns to raise public awareness (84%). Additionally,
had been victims of some form of domestic violence, 81% of respondents thought a small card with emer-
a scant 11% responded that they knew of someone gency contact numbers would help; 78% felt that
where they worked or studied, only 18% in their teaching police officers about women’s rights is
neighbourhood or immediate area, and barely 19% needed, and 65% were in favour of rehabilitating
in their circle of friends and family. This would indi- domestic violence perpetrators.
cate that the culture of silence persists.Women are Rehabilitation for perpetrators
facing violence but they remain silent. A silence that While only 39% thought there were special laws in
must be broken. their country concerning rehabilitation of perpetra-
tors, 42% thought there was no legislation on pre-
Perceived causes
vention of domestic violence against women. How-
Concerning causes of domestic violence of women, ever, 45% thought there were laws on “social sup-
survey respondents cited a range of factors: port for victims of domestic violence 51% on “legal
• An overwhelming majority viewed alcohol support for victims” and 58% on punishment of per-
(96%) or drugs (94%) as causes petrators. Some 79% were unaware of any policies
or measures put forward by the European Union to
• 79% identified unemployment, and 75% pov- combat domestic violence against women.
erty or social exclusion, as causes
• 73% cited “having oneself been a victim of

Assistance for victims million (US $395 million) per year.19
At least 96% of Europeans felt that family and friends
• The total number of incidents of domestic vio-
should help women affected by domestic violence.
lence in 1995 was estimated at 6.6 million.20
Some 93% felt that social services, 91% medical serv-
ices, 90% the police, 86% the state, 83% solicitors • In 1999, 37% of women murder victims were
and barristers, 80% charitable or voluntary organi- killed by present or former partners, com-
sations, 65% religious organisations and 64% the pared to 6% of men.This totals approximately
media do, or should, help abused women. 92 women a year – one every three days or
two women per week.21
Domestic violence in the UK
• Women who are physically abused report an
Domestic violence currently wrecks the lives of
average of four injuries a year.22
thousands of women and children in the United King-
dom (UK). It is a major cause of family distress and • Domestic violence is a factor in at least one-
social exclusion, and it is rarely a one-off event. One quarter of suicide attempts by women.23
violent incident tends to lead to another, and such
• About 20% of young men and 10% of young
incidents often increase in frequency and severity
women think violence against women is ac-
over time, sometimes only ending when someone is
ceptable.24
killed.Typically, the violence begins from a pattern of
abusive and controlling behaviour, which can take a • The psychological impact of domestic violence
number of forms. Some are directly or indirectly has been found to have parallels with the im-
physical, such as assault, rape, destruction of prop- pact of torture and imprisonment of hostages.25
erty and threats. Some are non-physical, such as
• Domestic violence often starts or intensifies
destructive criticism, pressure tactics, belittling,
during pregnancy and is associated with in-
breaking trust, isolation, oppressive control of fi-
creased rates of miscarriage, low birth weight,
nances and harassment.
premature birth, and foetal injury or death.26
Alarming statistics • A 1996 British Crime Survey revealed that 12%
People experience domestic violence regardless of of women with disabilities aged 16–29 had
their social group, class, age, race, disability, sexuality experienced domestic violence in 1995. This
and lifestyle. Research studies have found that one compares with 8.2% of non-disabled women
in four women in the UK experiences domestic vio- of the same age.27
lence at some time in her life.15 Some of the alarm-
• Safe accommodation is a primary concern for
ing statistics on domestic violence in the UK:
those fleeing domestic violence. There are
• In any one day, nearly 7,000 women and chil- about 418 refuges (shelters) for victims of
dren are sheltering from violence in refuges.16 domestic violence in England and 45 in Wales.28
• 70% of children staying with mothers in ref- • Of all types of crimes reported to the British
uges have been abused by their father.17 Crime Survey in 2000, more than one in 20
were classified as domestic violence; this ac-
• Every minute in the UK, the police receive a
counts for almost a quarter (23%) of all vio-
call from the public for assistance for domes-
lent crime. It is also the least likely crime to
tic violence (an estimated 1,300 calls each day
be reported to the police (only one-third of
or over 570,000 each year).18
incidences were reported in 2000). No other
• The estimated total costs of providing advice, type of crime has a rate of repeat victimisa-
support and assistance for those facing do- tion as high.29
mestic violence in Greater London are £278
The British Government is responding to the alarm-

ing data on domestic abuse with various initiatives. tween partners or ex-partners.”34 From April 1999,
In 1994, an official Interdepartmental Working Party a new definition of domestic violence came into ef-
on Domestic Violence was set up to promote a co- fect for use in police returns to the HMIC (Her Maj-
ordinated response to the problem at national and esty’s Inspectorate of Constabulary); this definition
local levels. In particular a working party considered is intended for statistical purposes only and is de-
ways of improving services of victims, encouraging signed to allow easier comparison of domestic vio-
local co-ordination and raising awareness of domestic lence statistics between police forces; it also gives a
violence.30 better understanding of the nature of information
being collected:
A ministerial group was also established to take for-
ward work in this area. In 1997, the Government “The term ‘domestic violence’ shall be under-
appointed for the first time two Ministers for stood to mean any violence between current or
Women, supported by a Women’s Unit.This unit has former partners in an intimate relationship, wher-
been instrumental in the development of a pro- ever and whenever it occurs. The violence may
gramme of measures to promote women’s issues include physical, sexual, emotional or financial
and rights, in collaboration with the Home Office abuse.”35
and other departments. The document Living With-
Addressing offending behaviour is also a priority. An
out Fear: An integrated approach to tackling violence
evaluation was done of two court-ordered treat-
against women, published in June 1999, sets out gov-
ment programmes for men found guilty of violence
ernment strategy framework in relation to violence
against female partners (“CHANGE” and “Lothian
against women and offers examples of good prac-
Domestic Violence Probation Programme”). The
tice from around the country.31
evaluation compared treatment programmes with
In January 1999, the Government launched a new more traditional criminal justice sanctions. Though
domestic violence publicity/awareness campaign for based on a relatively small sample, the research found
England and Wales under the title “Break the Chain.” that all criminal justice interventions (fine, proba-
A leaflet titled Break the Chain:What you can do about tion, prison) appeared to have positive effects on
domestic violence was distributed to the general public the behaviour of men convicted of violence against
by the police, courts and others; it emphasises that their female partner.36
domestic violence is not acceptable, sets out the
sources of help available to survivors, and advises Facing the challenge
survivors’ friends on how they can help.32 across Europe
In recent years, some progress has been made in
A report on policing domestic violence using effec-
Europe to address violence against women. Since
tive organisational structures was commissioned by
1996 many initiatives have been taken, both at Euro-
the Home Office and published in January 1999. It
pean Community level, by individual Member States,
found that 38 police forces had published a domes-
and by non-governmental bodies including the
tic violence policy document, but that 65% of op-
Church.
erational Domestic Violence Officers (DVOs), 48%
of line managers for DVOs and 39% of policy mak- A main objective of the European Commission is to
ers within the police felt there was a significant gap ensure that the issue of violence against women, in-
between policy and practice.33 cluding the fight against trafficking in women, is put
high on the political agenda of the European Un-
The UK Home Affairs Select Committee produced
ion.37 The objectives of the European Community’s
a report in 1993 that defined domestic violence as:
activities are:
“any form of physical, sexual or emotional abuse
which takes place within the context of a close rela- • to prevent and eliminate violence against
tionship. In most cases, the relationship will be be- women

• to study the causes and consequences of vio- ing in women and children. As a result of this, a
lence against women, and the effectiveness of number of trans-national projects addressing the
preventive measures issue of trafficking in women have received support.
This was followed by the DAPHNE initiative (1979–
and
1999) to support and promote close cooperation
• to eliminate trafficking in women and assist with and among NGOs active in this field, to im-
victims of forced prostitution and trafficking.38 prove statistics and information on violence against
women and children, and to encourage preventive
Violence in the form of trafficking in women was
measures to strengthen the protection of victims of
specifically addressed in 1996 with a Communication
violence. The new DAPHNE programme (2000–
on trafficking in women39 that stated the main ob-
2003; COM (98) 726) with a budget of 20 million
jectives as increasing cooperation and coordination
euros (or US $19.6 million), permits multi-annual
among the Member States and EU accession appli-
actions, is open to public bodies in addition to NGOs,
cant countries, and providing greater protection for
and will be opened to the applicant states and the
victims of trafficking, especially those who are pre-
EEA/AFTA countries.44
pared to testify as witnesses.40
In the Second Communication on further Actions in the Europe’s “Violence Against Women”
Fight against Trafficking in Women in December 1998, campaign
the Commission sought to better understand cur- In January 1999 the European Commission launched
rent conditions, identify gaps and recommend a the European campaign on Violence Against Women
number of new objectives, which included:41 with a budget of approximately 4 million euros (about
US $3.5).The main objectives of this campaign were
• to ensure that the question of trafficking re-
to promote public awareness and to find ways to
mains high on the political agenda
prevent domestic violence. The campaign was an
• to reinforce international and European co- occasion for numerous initiatives at national and local
operation including both governments and level in every Member State, such as the promotion
NGOs in countries of origin, transit and des- of nation-wide campaigns and action plans to com-
tination bat violence against women. One major result is a
greater recognition of violence against women as a
• to strengthen a multi-disciplinary approach
serious and permanent problem.45
focusing on prevention, research, law-enforce-
ment and effective sentencing of traffickers, “Combating violence against disabled people” was
as well as on support to victims the theme chosen for the campaign’s 1999 interna-
tional conference on the European Day of Disabled
• to address a clear message to candidate coun-
People, 3 December.The theme’s specific pertinence
tries, in the context of the accession process,
to women with disabilities was underlined.46
on the necessity of national measures and
cooperation with the EU on the issue. At the campaign’s official close, at its international
conference in Lisbon in May 2000, the Presidency
Through the Joint Action of February 1997,42 the
called on the Council, the Commission and the Mem-
Member States agreed to review their national leg-
ber States to make a solemn commitment (see
islation with a view to criminalising a number of of-
endnote 37 for a clarification of terms):
fences, and to introduce specific and serious sanc-
tions with regard to trafficking in human beings for • to combat all forms of violence against women
the purpose of sexual exploitation.43 through the adoption of legal, administrative
and other provisions
A Community Programme called “STOP” was set
up in 1996 to reinforce cooperation against traffick- • to ensure a study on violence and its prevention

• to ensure the protection, assistance and com- Among its numerous accomplishments in the last
pensation of the victims two years, this group initiated and supported the
“Way Forward Project,” a programme of research
• to coordinate a Violence against Women Year
into domestic violence by Dr. Lorraine Radford and
around 2001–2003
Cecilia Cappel of Roehampton Surrey University and
• to set up a unit (within the Commission) to funded by the Southlands Methodist Centre. The
maintain the momentum of work on the is- research acknowledged that although women are
sue most often the victims, domestic violence is an im-
portant issue that all members of the church, men
and
and women, need to accept and confront.
• to present a communication on violence
The British Methodist Conference (the denomina-
against women. 47
tion’s major decision- and policy-making body in the
Strengthening women to UK), at its annual Conference in June 2002, approved
promote peace the recommendations of the “Way Forward Project.”
The recommendations included appointing a task
The European Community also supports conflict
group to include members of the Methodist Wom-
prevention schemes, is active in confidence-building
en’s Network, the church’s Family and Personal Re-
measures to restore peace and promotes the ob-
lationships Committee and its Faith and Order Com-
servance of international humanitarian law by all
mittee, to manage, direct and monitor further work
parties to a conflict. Recognising the important role
and study in four areas:
of women in the peace process, it has supported
schemes covering and promoting women’s interests • Theology: developing theological
in the peace process in the Balkan and Mediterra- understandings of marriage, the family, violence
nean regions and projects promoting women’s po- and forgiveness
litical and electoral participation. It has also provided
• Policy: developing policy for responding to do-
psychological help and counselling for women war
mestic violence
victims in and from Bosnia. NGOs that have acquired
experience in dealing with violence against women • Practice: developing practice guidelines
in conflict situations have been supported to pass
and
on their experience to other NGOs through train-
ing seminars. The European Community also sup- • Training: in cooperation with, and recognising
ports projects to help women who have suffered the expertise of, other agencies working in
female-specific human rights abuses. 48 this field, to identify and develop appropriate
training on domestic violence
The church
all of which are to be used throughout the Method-
The church has also made some progress in address-
ist Church.
ing the issue of violence against women.To take just
one example, the Methodist Church in the UK has a It is encouraging to see examples of the Christian
Women’s Network which has a Women and Vio- church making progress towards addressing the fun-
lence Task Group. This project was established to damental issues that women battle with when con-
work from 2000 to 2002 to raise awareness on vio- fronted with situations of violence.49
lence in three specific contexts: domestic violence,
the trafficking of women, and female genital mutila- Practical support for women
tion; and to challenge the Methodist Church itself Awareness-raising among women themselves re-
to address the issue of violence against women and mains a challenge. Women’s reactions to violence
work to achieve change. depend on their level of awareness and education;

capability to fight to protect themselves; support
received from parents, children and others; economic References
situation; and information they have on existing civil 1
‘Women’s Health, Development and Family Re-
services.50
productive Health’. Violence against Women,WHO
Some of the measures taken across the world to Consultation,World Health Organisation, Geneva,
help women help themselves have been: 51 5–7 February 1996, pp. 10–11
2
• support groups, where women can share their UNICEF, ‘Domestic Violence against Women and
experiences and be helped to cope with their Girls’, Innocenti Digest, No. 6, June 2000, p. 4
violent experiences 3
NGO Forum for Health, Violence and Health: Pro-
• local community involvement in the report- ceedings of a Symposium, World Health Organisa-
ing and rebuking of violent husbands tion, Geneva, 14 May 2001, p. 25
4
• women’s police stations providing a more UNICEF, op. cit., pp. 7, 10, 11
committed and concerned response to crimes 5
All bullet points are quoted from European Wom-
against women
en’s Lobby, EU Gender Equality Policies. Persistence
• courses in non-violent parenting and conflict of Gender Inequalities – Facts and Figures in 1995 to
resolution for adults and children 2000, February 2001, http://www.womenlobby.org/
6
• legal literacy programmes and free legal ad- European Women’s Lobby, ‘Unveiling the Hidden
vice encouraging battered women to press Data on Domestic Violence in the EU, 1999,’
charges quoted in ibid.
7
and European Women’s Lobby, op. cit.
8
• sensitivity training for health professionals and National Organisation for Women’s and Young
the police, and their adoption of new protocols Women’s Shelters in Sweden (Riksorganisationen
for dealing with the victims of domestic vio- för kvinnojourer och tjejjourer i Sverige), How it
lence. all began, http://www.roks.se/english/beginning.html
9
Closing CEDAW, ‘Most Recent Concerns of the Report-
ing Committees on the Convention on the Elimi-
Progress is slowly being made to address issues of
nation of All Forms of Discrimination against
violence facing women in Europe.Women facing vio-
Women’; see http://www.un.org/womenwatch/
lence will not always report the crimes committed
daw/cedaw/29sess.htm for details of forthcoming
against them.The culture of silence persists in many
CEDAW session.
societies, and within the hearts and minds of many
10
women. Our challenge is to support women facing UNICEF, Mapping out Existing Information on Do-
violence by empowering them to make wise deci- mestic Violence in Albania, October 2000, p. 2
sions about their own health, to report the crimes 11
Save the Children,‘Save the Children Albania’, press
of violence against them and combat the culture of
release, 17 April 2001, cited in the research re-
silence, and to nurture hope of a better future for
port Third Country National Trafficking Victims in Al-
themselves.
bania, International Organization of Migration and
International Catholic Migration Commission,
2001
12
Save the Children, ibid.
13
Eurobarometer 51.0, Europeans and their Views on

25
Domestic Violence against Women, and European P. Graham, et al., ‘Survivors of Terror: Battered
Commission Directorate-General, Information, Women, Hostages and the Stockholm Syndrome’,
Communication, Culture and Audiovisual Media, June in K. Yllo & M. Bograd (eds), Feminist Perspectives
1999, p. 1 on Wife Abuse, London: Sage, 1988, cited in Wom-
14
en’s Aid Federation of England, Factsheet No. 2,
ibid.
op. cit.
15
Domestic Violence: Break the Chain. Multi-Agency Guid- 26
G. C. Mezey, ‘Domestic Violence in Pregnancy’, in
ance for Addressing Domestic Violence, Home Office,
S. Bewley, et al., Violence Against Women, London:
London, 2000
RCOG, 1997; cited in Women’s Aid Federation of
16
Women’s Aid Federation of England, Domestic Vio- England, Factsheet No. 2
lence Statistical Factsheet No.1, Bristol, UK, August 27
C. Mirrlees-Black, Domestic Violence: BCS Self-Com-
2001
pletion Questionnaire, London: Home Office, 1999:
17
L. Bowker, M.Arbitell & J. McFerron, cited in Wom- cited in Women’s Aid Federation of England,
en’s Aid Federation of England, Domestic Violence Factsheet No. 1, op. cit
Statistical Factsheet No. 3, August 1999. (Note: date 28
Government Policy Around Domestic Violence, 1999,
and number of “Factsheets” don’t necessarily cor-
loc. cit.
respond.)
29
18
The British Crime Survey: England and Wales, Home
Professor E. Stanko, ‘The Day to Count: A Snap-
Office, London, 2000; cited in Women’s Aid Fed-
shot of the Impact of Domestic Violence in the
eration of England, Factsheet No. 1, op. cit.
UK’, Criminal Justice, 1:2, 2000; cited in Women’s
30
Aid Federation of England, 2001, op. cit. Government Policy Around Domestic Violence, op. cit.
19 31
Stanko, ‘Counting the Costs. London: Crime Con- ibid.
cern’; cited in Women’s Aid Federation of England, 32
ibid.
ibid.
33
20
ibid.
Government Policy Around Domestic Violence, Home
34
Office, London, 1999 ibid.
21 35
Criminal Statistics England and Wales 1999, Home ibid.
Office, London, 2000; cited in Women’s Aid Fed- 36
ibid.
eration of England, 2001, op. cit.
37
22
European Union Annual Report on Human Rights,
J. Mooney, The Hidden Figure: Domestic Violence in
2000, p. 23, http://europa.eu.int/comm/
North London, Middlesex University Centre of
external_relations/human_rights/doc/
Criminology, London, 1993; cited in Women’s Aid
report_00_en.pdf
Federation of England, Domestic Violence Statistical
Factsheet No. 2, August 2001 For the interest of readers:
23
E. Stark & A. Flitcraft. Women at Risk: Domestic Vio- • The European Community (EC) was established
lence and Women’s Health (London: Sage), 1996, in 1956 by the Treaty in Rome. Its central fea-
cited in Women’s Aid Federation of England, ture is the Single Market, but other activities
Factsheet No. 2, ibid. have been added including development coop-
24
eration. It is served by a number of institutions,
Zero Tolerance Charitable Trust, cited in Wom-
including the European Commission, the Coun-
en’s Aid Federation of England, Factsheet No. 1,
cil of Ministers and the European Parliament.
op. cit.
• The European Union (EU) was established in 1992

by the Maastricht Treaty. It comprises what are shared interests. It ensures that the provisions
known as three pillars: the EC (as above); inter- of the Treaties and the decisions of the institu-
governmental cooperation (i.e., between national tions are properly implemented. The Commis-
governments) in foreign and security policy; and sion drafts policies and legislation and represents
inter-governmental cooperation in justice and the Community interest. It does not, however,
home affairs. Although the same institutions take any decisions on EU policies and priorities,
serve the three pillars, the roles of the Com- as this is the prerogative of the Council and in
mission and Parliament in the two inter-govern- some cases, the European Parliament.
mental pillars are much smaller. Policies and ac- 38
European Commission, Implementation by the Eu-
tions for development cooperation come mainly
ropean Community of the Platform for Action Adopted
under the first pillar, though competence is
at the Fourth World Conference on Women in Beijing
shared in certain areas (e.g. conflict) between
1995, Working Document from the Commission
the first two pillars.
Services, May 2000, p. 18
• The Council of the European Union, formerly 39
European Commission, Communication on Traffick-
known as the Council of Ministers, is the main
ing in Women, COM (96) 567, 1996
legislative and decision-making institution in the
40
EU. The Council is composed of ministers who European Commission, op. cit., p. 18
represent the national governments of the 15 41
ibid., p. 19
Member States. It provides a forum for the Mem-
42
ber States to legislate for the Union, set its po- European Union, Joint Action (OJ L 63 of 4 1997,
litical objectives and coordinate national poli- pp. 2–6)
cies. Council members are politically account- 43
European Commission, op. cit., p. 18
able to their national parliaments, and the Coun-
44
cil is where they assert their interests and reach ibid., pp. 18–19.
compromises. 45
European Union Annual Report on Human Rights,
• The European Council decides the major policy 2000, op. cit., p. 23
guidelines. It meets at the level of heads of State/ 46
Government. Also known as summits, these are
47
regular meetings whose role is to provide over- European Union, op. cit.
all political direction to the EU and to resolve 48
the problems that have proved intractable at the
49
Council level.These summits mainly involve high- Women’s Network, Methodist Church in the UK,
profile decision-making and changes in direction http://www.methodist.org.uk/womensnetwork/
of EU policy. They are held at least twice a year wv_project.htm; or contact: womens.network@
either in Brussels or in the country holding the methodistchurch.org.uk
presidency.The President of the Commission at- 50
UNICEF, Mapping out Existing Information on Do-
tends, as do foreign ministers.
mestic Violence in Albania, loc. cit., p. 2
• The European Commission does much of the day- 51
All bullet points quoted from World Health Or-
to-day work in the European Union and is the
ganisation, Violence against Women in Families, infor-
driving force in the Union’s institutional system.
mation pack, July 1997, http://www.who.int/
It is an independent body appointed by the Mem-
violence_injury_prevention/vaw/infopack.htm
ber States to act as a neutral guardian of their

Family and sexual violence
in Papua New Guinea
Frieda Kana
Introduction in PNG used in this chapter is Family and Sexual Vio-

Violence against women and children is a growing lence in PNG: An Integrated Long-Term Strategy (LTS).
problem in Papua New Guinea that needs to be ur- The LTS was developed during a six-week study
gently addressed. This concern was expressed by conducted in March and April 2001 by the Family
Papua New Guinea’s Family and Sexual Violence Violence Action Committee of the Consultative
Action Committee during a workshop in Port Implementation and Monitoring Committee and
Moresby in September 2001. funded by the British High Commission. A two-per-
son team gathered information from written mate-
In Papua New Guinea (PNG) the problem is known rials and consultations with stakeholders in Port
as “family and sexual violence,” but the majority of Moresby, East New Britain, Morobe, Simbu Eastern
victims are female and the majority of perpetrators Highlands and East Sepik provinces.
male. Violence against women is, after all, violence
against families. It also affects the economic contri- The report from the Family Violence Action Com-
bution of PNG women to the development of the mittee states that there are no national statistics
nation. It is both a development issue and a crucial for cases of family and sexual violence compiled from
human rights issue. the records of agencies providing medical, legal and
social services to victims. Police crime reports do
Family and sexual violence is a phenomenon that provide national statistics, but do not cover domes-
has its roots in various areas; in some cases it is tic violence, sexual harassment or child abuse. Other
linked with family poverty. But it is a fact of life in agency statistics also give only a very partial picture,
PNG that needs immediate attention. because reported cases represent a tiny proportion
The PNG Government has made a number of inter- of what really occurs in the community.
national and national commitments to eliminate this
Domestic violence
human rights abuse. Unfortunately, no policy frame-
work or plan of action has yet been put in place. The most extensive form of family and sexual vio-
lence in PNG is domestic violence. This usually re-
The Family Violence Action Committee, under the fers to violence between husbands and wives, though
umbrella of the Institute of National Affairs, has been it can also include violence between other mem-
organising and mobilising non-governmental organi- bers of a domestic group. In reality, most domestic
sations (NGOs) and churches to urge the Govern- violence is wife beating – a phenomenon so com-
ment to seriously consider legislating against family mon in PNG that it has been used in courts as proof
and sexual violence.The introduction of a legislative of marriage. (In one court case, a government min-
bill in Parliament on 11 October 2001 was an im- ister’s defence against charges of raping a young girl
portant step towards this, but only a bill relating to in his household was that he considered her to be
incest (introduced by Lady Carol Kidu, Member for one of his wives.)
Port Moresby South and now Minister for Welfare
and Social Development) was passed by the Parlia- Domestic violence was extensively researched by
ment, in 2002. the Law Reform Commission (LRC) in preparation
for its parliamentary report on the subject. The re-
A primary source of data on violence against women port made 54 recommendations for social and legal
Family and sexual violence in Papua New Guinea 95

reforms.1 Research was carried out in two stages scalded by hot food or water, and even bitten. Dur-
between 1982 and 1986. ing the 1986 consultations, participants mentioned
that guns were much more easily available than four
Stage 1 investigated the extent, nature and causes
years earlier, especially in the Highlands, and that
of domestic violence. Three major questionnaire
sometimes guns were used to threaten or injure
surveys were conducted: a rural survey covering 19
wives.
villages in 16 provinces; a survey of the urban poor
in Port Moresby; and a postal survey of urban elites. Most of the cases recorded in the provincial hospi-
A total of 1,191 men and 1,203 women were inter- tals that were reviewed by the LRC involved broken
viewed in these surveys. Further data were provided bones, head injuries, organ damage and severe lac-
by a survey of two squatter settlements in Port erations through being slashed with bush knives.
Moresby; a study of domestic violence victims seek- Some of the cases were fatal, being listed as dead on
ing treatment at Lae’s Angau Hospital; case studies arrival (DOA) in the register. Among the urban poor,
of beaten wives; and three anthropological studies. the LRC found that one in six low-income women
The results have been published in four major vol- interviewed (not just those who had admitted to
umes and numerous reports.2 being beaten) needed hospital treatment for inju-
ries caused by their husbands.3 Other common in-
Stage 2 examined existing remedies and their defi-
juries are deafness and brain damage from blows to
ciencies, through analysis of:
the head. Psychological effects of such traumas can
• District and Local Court case files in five prov- be long lasting, but they are not recorded in the
inces data.
• A joint study with police on police records at Domestic violence against wives often involves
three police stations in Port Moresby forced sex (marital rape). Half the married women
interviewed said they had been forced into sex by
• A study carried out in 15 provinces of police
their husbands, either by beating or by threats. Forced
attitudes towards wife-beating
sex within marriage is legally defined as rape. It has
• Two anthropological studies of village courts serious consequences for women’s reproductive
health and is also a major factor in the spread of
• Interviews with staff in the justice, health edu-
HIV/AIDS.
cation and social service sectors, and dozens
of discussions held as part of training sessions Physical abuse of wives is very often accompanied by
and workshops conducted by the LRC around emotional, social and economic abuse. Some women
the country say that constant verbal abuse, insults and shaming by
their husbands are harder to tolerate than the beat-
• Documents gathered from 38 countries and
ings. Emotional abuse erodes their self-confidence and
several international organisations describing
makes women feel helpless and hopeless.This mental
strategies being tried elsewhere.
state makes it difficult for wives to help themselves,
The LRC’s research also investigated the frequency, and also makes it frustrating for others trying to help
duration and severity of domestic violence in the them. Physically abusive husbands also often try to
survey populations, the use of weapons, community isolate their wives, cutting them off from family and
responses, and other aspects. friends and sometimes locking them up for hours or
days. Frequently women are deprived of money, in-
Nature of domestic violence cluding their own earnings.
The Law Reform Commission (LRC) found that
many wives were hit or punched, hit with sticks, Extent of domestic violence
weapons, belts and belt buckles, kicked, pushed down, The LRC research found that on average, two-thirds
slammed against walls, burnt with fire or cigarettes, of wives have been hit by their husbands. The inci-

Table 1: Incidence of domestic violence in PNG 4
Rural Urban low-income Urban elite
Husbands hitting wives:
Wives who have been hit 67% 56% 62%
Husbands who have hit 66% 55% 62%
Wives hitting husbands:
Husbands who have been hit 30% 37% 50%
Wives who have hit 33% 24% 49%
Table 2: Indicators of the relative seriousness of wife- and husband-beating 5

Females Males
Patients seeking treatment for domestic violence injuries 97% 3%
Domestic violence victims seeking police assistance 94% 6%
dence is slightly lower among urban populations, vigorously. The relative seriousness of male versus
however the frequency and severity of violence is female use of violence is suggested by the police
greater in the urban environment. There is consid- and hospital data (presented in Table 2). Conse-
erable variation across the country, with figures of quently, the LRC made wife-beating the main target
close to 100% in some of the Highlands villages sur- of its recommendations, although all the proposed
veyed, and half that level in the Oro and New Ire- remedies would also be available to any beaten hus-
land villages. bands.
To avoid potential allegations of bias, the question- Causes of domestic violence

naires asked men and women the same questions
The causes of domestic violence may be viewed on
about their behaviours, beliefs and attitudes. Inter-
two levels. On the first (surface) level is the “per-
views were conducted in private. Responses from
ceived cause,” or the incident that triggers a specific
men and women showed almost perfect agreement
act of violence. The second level is that of underly-
about the extent of wife-beating, and very close
ing causes that relate to the overall social situation.
agreement about the extent of wives hitting hus-
bands. Table 1 indicates the percentage of victims At the level of perceived causes, respondents to the
and offenders who admitted incidences of husbands LRC surveys suggested that in rural areas, sexual
hitting their wives and wives striking their husbands. jealousy, a wife’s failure to fulfil all her duties, and
dislike of the spouse were the three main causes of
Some wives do hit their husbands, but the usual mo-
problems in marriage leading to violence. Sexual jeal-
tive for this is self-defence. Husbands and wives are
ousy includes a common situation where it is the
not usually equal antagonists: husbands have greater
husband who commits adultery, yet it is the wife
physical strength, and social and economic power;
who gets beaten because she complains or ques-
wives are usually dependent on their husbands and
tions him about it.6 A wife’s “failure to fulfil all her
risk losing everything if they defend themselves too
duties” covers situations where the woman does

not cooperate sexually with her husband and he uses rural men feel that it is “all right” for their wives to
force to get his way; this is stated by many people to hit them. While urban acceptance of spousal hitting
be the main cause of wife-beating. Other situations is lower than in rural areas, the findings indicate that
in this category include a wife not carrying out house- a relatively high proportion of people see violence
hold tasks to her husband’s satisfaction. Dislike of as a socially tolerated means of settling marital con-
the spouse apparently relates to arranged marriages, flict. These data suggest the need for programmes
still a common practice in rural areas. to change attitudes and promote communication and
management skills.
In urban areas, the main perceived causes were al-
cohol abuse, sexual jealousy and money problems. Furthermore, although violence is condoned by a
Of course, alcohol itself is not a cause of violence high percentage of both males and females, the gen-
but a contributing factor. Other factors that did not der differences of opinion cannot be ignored.These
figure highly in the LRC’s findings during the early differences reflect the unequal situation of men and
1980s, yet surfaced in the consultations held for the women generally in PNG society and particularly
preparation of LRC’s Parliamentary report, were within marriage. Reducing these inequalities in the
gambling by women (particularly on poker machines) country’s cultural, social economic and political sys-
and drug use by men. Use of marijuana is a growing tems must therefore also form part of a long-term
problem in urban areas and throughout the High- strategy to reduce domestic violence.
lands; the high potency of locally grown plants is
Other underlying causes of domestic violence iden-
anecdotally reported to be associated with violence
tified by the LRC include:
and psychological disturbances.7
• Stress caused by rapid socio-economic change
To discuss underlying causes is to recognise the wide-
spread acceptance of domestic violence, particularly • Lack of communication between husbands and
wife beating, as a part of normal life.There is a com- wives, leading to suspicion and distrust
mon attitude that the payment of bride price enti-
and
tles a man to control his wife and to discipline her
forcefully if he thinks it necessary.Table 3 shows LRC • High background level of violence and aggres-
findings on attitudes to domestic violence. The ma- sion in many of the traditional cultures, which
jority of women as well as men in rural areas accept is being reinforced in modern circumstances
the use of violence by husbands. Interestingly, most by violent media, tribal fighting and civil war.
Table 3: Attitudes towards domestic violence 8

Males Agreeing Females Agreeing
Is it all right for husbands to hit wives?
Rural 67% 57%
Urban low-income 42% 25%
Urban elite 41% 36%
Is it all right for wives to hit husbands?
Rural 53% 45%
Urban Low income 44% 33%
Urban elite 39% 37%

An aspect of “stress caused by rapid socio-economic five would never beat their wives.These men either
change” that came out very strongly during the con- have aggressive or domineering wives or have a
sultations held by the LRC in 1992 was the great “don’t care” attitude. As a result, non-violent men
increase in poverty.To give a single illustration, when are not held up as examples for others to follow;
the LRC was conducting its research, PNG’s mon- instead they are considered effeminate.Yet there are
etary unit, the kina, was worth US$1.25. By Novem- men in PNG who genuinely respect their wives and
ber 2001 the value of the kina had sunk to US$0.25 are opposed to physically mistreating women. In fact,
– losing four-fifths of its purchasing power in just in PNG there is a small organisation still in its in-
over a decade. Since wages only marginally increased, fancy called “Men Against Violence.”
the devaluation of the kina had a devastatingly nega-
There was an incident that I personally witnessed
tive impact on living standards, especially in urban
and wish to relate as an example of domestic vio-
areas. Rural people also need money for daily sur-
lence; similar beatings happened to many other
vival, but money is in short supply, causing great hard-
women. Names are withheld for privacy’s sake.
ships. Money is needed for school fees, clothing, trans-
port, kerosene, soap and other basic household items. A small woman was married to a husky, well-built
Since the World Bank/ International Monetary Fund man. She would be beaten for very minor things,
Structural Adjustment Programme began in 1995, such as not having food ready when her husband
people have had to pay for medical treatment in came home or not arriving on time at a feast
towns. Poverty pushes people past the limits of their with food. When one of their children broke a
patience.The effects of this are seen in the climbing glass, lost a knife or tangled up fishing lines, the
crime rate (and the flourishing security industry), husband beat the children’s mother.
the high level of violence against the most vulner-
One of many incidents led to a lifetime of re-
able people, and the rising numbers of women and
morse for the husband who regularly beat his
girls turning to commercial sex work for a living.
wife. Many years ago, around December 1983,
This is not to suggest that domestic violence occurs the wife in this story returned from another town
only among the poor. The LRC research found that to her village. She had been gone for at least six
domestic violence is common at all levels of society. months; relatives had taken her away to have
However, the report highlights the need for a strong medical treatment because she had been very ill.
government focus on poverty alleviation. Initially, her husband went with her and stayed
for some months, but returned to his village fol-
A personal experience lowing an argument with his brother-in-law. In
In Papua New Guinea, violence against women has December when the brother of the husband took
existed for as many years as I can remember. It is his annual recreational leave with his family, he
regarded as a “family affair” or a “marital affair”: when took the woman home. It was a stormy day, so
a man acts violently against his wife or child, very the boat that brought the family over did not go
little help is offered from outside the family – even straight to the village; it offloaded its passengers
by the law enforcers including the policemen on duty. on the other side of the island, so they had to
The situation is markedly worse in traditional rural walk a long distance to get to the village.
societies where women are more likely to be re-
When they arrived, the husband arranged a wel-
garded as second-class citizens and the property of
come feast for his brother and his family.The poor
the men they marry.
woman who had been sick a year before leaving
It is common in my village for men to severely beat the village had lost almost all her garden crops;
their wives when something goes wrong in the fam- neither of her husband’s two other wives cared
ily; even if a child makes a mistake, the mother al- for her vegetable plot during her absence. As a
ways gets the blame. Out of 20 men, only four or result, she had no food available in the garden for

the feast. As the feast progressed, more people Cultural factors
came and the husband eventually got hungry. So Culture plays a major role in the mistreatment of
sometime during the course of the feast, he asked women and girls. In the PNG context women and
for some food from his first wife. The woman girls are regarded as inferior, and are accorded sec-
replied: “I have just returned from the mainland ond priority in inheritance. Men folk in a family still
and I don’t have any food to cook for you. Why charge large amounts of money and wealth in bride
don’t you ask your other wives who have been price for their sisters and daughters. A young daugh-
here all the time?” ter in a remote mountain village has no say over whom
This was a reasonable reply, but to her husband she wants to marry. If an old man who is wealthy asks
it was an offence, an “unutterable” crime that for a 14-, 15- or 16-year-old girl, the parents have no
deserved punishment. He got up and chased af- hesitation in agreeing if the man is willing to pay the
ter the wife. Grabbing a big stick, he smashed it bride price. As soon as the girl has her first men-
on her head. She fell down naked as she only had struation, she will be given away to the man.
a piece of material wrapped around her, the typi- One such incident, which happened in one of World
cal attire of PNG village women. The husband Vision Papua New Guinea’s very remote project
then grasped hold of her hair that was so soft areas, caused great suffering not only to the female
and thin that it broke in his hands. I tried to come but also to the male involved:
to her rescue and protect her; he didn’t stop but
beat both of us. The man’s brother came and at- A sponsored child was attending the local primary
tempted to restrain him, but the husband was so school. While she was in school, her parents re-
furious and powerful that he overcame all of us. ceived money from a man much older than the
As we were staggering, the eldest of the man’s girl and who was already married. The girl was
three sisters came and tried to stop him, but he about 15 or 16 years old and had a boyfriend at
continued to angrily strike us. school.When her parents discovered that she had
a boyfriend, they forbade her to see him, but she
The man’s adopted son (his sister’s illegitimate was so in love that she often sneaked off to meet
son) was in a nearby house, heard the commo- him. One day she got caught and her father belted
tion, and ran out. He came upon the scene and her very hard. The boy’s older brother was also
realised what was happening. He had his own angry when he heard about the forbidden court-
grudges: while the first wife had been away, the ship; so angry that he threatened to kill his brother
other two women did not treat him well. The with an axe because the younger brother had
son was so angry that he threw punches at his brought shame to the family.
father. But this man was from the chief’s family
and nobody ever threw punches at him. He got The girl was so heartbroken that she ran away
so furious that he turned on his adopted son and from the house. For a day and a night she was not
tried to kill him with the big stick that he was to be found. Then after a search of the area she
holding. But the man’s brother came between was discovered hanging by her neck from a tree
them, took hold of the stick and pulled it away in the forest. When her boyfriend heard about
from him. her suicide, he felt he couldn’t live anymore. He
went and demanded that his angry brother chop
The man cursed his son on the spot and sent him to death with an axe while he stretched him-
him away to his natural father. He said to his son, self on the ground. The older brother took his
“You illegitimate ingrate (editor’s words) child. I axe and would have killed the younger brother if
took you under my care and brought you up to his wife had not pushed him away.The young man
be a man and now you dare to punch at me. I then got up, said to his brother:“Well if you don’t
promise you I will still be alive an old man and want to kill me then I will kill myself.” He got a
you will die before me.” rope, went into the bush and hung himself.

This is one story, but there are so many similar inci- great that no one is unaffected by its consequences.
dents. Likewise, sexual harassment and rape are A report on the issue was completed in late 2001
prevalent social “diseases” in PNG. Some of the family and launched by Lady Roslyn Morauta, the wife of the
and sexual violence in the country has been well Prime Minister, the Right Honourable Sir Mekere
researched and much is known about it. But there Morauta. Research was funded again by the British
are numerous other cases that have not been re- High Commissioner, Mr Simon Scadden. The British
searched and documented. Government spent K126,000 on the report, and also
provided financial assistance for the costs of work-
Raising awareness about rape shops on family violence held since it was published.
Rape and sexual assault are forms of violence against
While reaffirming the British Government’s contin-
women and girls that extensive research has found
ued support, Mr. Scadden commented:
to be very prevalent in PNG. For example, the LTS
report contains citations of research done by the “There is a conspiracy of silence that needs to
PNG Medical Research Institute in 1993. Research- be broken. Women and men throughout Papua
ers interviewed 423 men and women, and conducted New Guinea are beginning to speak out and as-
61 focus group discussions from cultural regions sert their right to be heard.”
representing 82% of PNG’s population. The study
Cases of rape were once rarely reported because
covered a wide range of aspects of sexual behav-
they were not considered to be topics for public
iour. One finding of the research was that “sexual
discussion. However, some brutal rapes and killings
violence is a major issue in the lives of men and
have changed that. One case involved an airline bus
women, with serious health consequences for the
that was picking up female shift workers early in the
health of the PNG population.”9
morning.The bus was held up by gangsters, and three
On 25 November 2001, PNG officially launched the of the women in the vehicle were raped.The women
International Day Against Violence Against Women. were taken to Australia for counselling. Another
The Day, a Sunday, was observed with an ecumeni- example happened some years back in the urban
cal service organised by the National Women’s town of Mount Hagen.A bus full of night shift nurses
Council and the PNG Council of Churches, and all from the provincial hospital was hijacked and taken
churches were asked to observe the Day in their to an isolated place where all the women were raped.
own services. (In PNG, it is normal for significant In partial response, all the nurses went on strike
occasions to be celebrated beginning with a church demanding more protection and assurance of safety
service or prayer by a clergyman.) Main celebrations from the government and the public.
were held on Monday 26 November at a stadium in
In response to these tragic crimes, women’s advo-
Port Moresby.
cacy groups and concerned institutions have cre-
More recently, the National Council of Women and ated awareness to the extent that rape has become
women’s advocates conducted forums to raise pub- a topic of concern and is no longer taboo. There
lic awareness on problems related to sexual vio- were plans for a 16-day observance period during
lence. In 2001, for example, the Council called at- which the media will promote awareness of the
tention to rape. Concurrently, reports stated that theme of the day: “PNG Says No to Rape.”
family and sexual violence is increasing in PNG. Cop-
ing with these problems places a huge drain on the Closing
nation’s already-overburdened health, police, courts, Violence against women is a tremendous problem
prison and probation, and welfare services. in Papua New Guinea that requires a great deal of
public education if it is to be addressed in a mean-
Furthermore, family and sexual violence has serious
ingful way. Awareness raising should also concen-
consequences for individuals, families, communities and
trate on educating women and girls on their rights
the nation as a whole.The scale of the problem is so

as human beings – that they have human and consti-
tutional rights equal to those of men. Above all, References
women should be respected as created in God’s own 1
Law Reform Commission (LRC), Interim Report on
image. Men and boys need to understand that women
Domestic Violence, presented to Parliament on 3
were created by God to be helpmates and not ob-
March 1987, Port Moresby, 1992
jects of subjugation.
2
Sources include: Bradley, C.,“Wife beating in Papua
The church in Papua New Guinea needs to rise above
New Guinea – Is it a Problem?” Papua New Guinea
cultural boundaries to engage in practical applica-
Medical Journal, Vol. 31, No. 4, 1988, pp. 257-268;
tions of the Word of God in dealing with issues such
Bradley, C.,“Should Human Rights Apply to Wives?
as the low status of women. Many church congrega-
Wife-beating and the Work of the Papua New
tions need to take a hard look at themselves; there
Guinea Law Reform Commission,” Legal Service
are churches in PNG that do not permit women to
Bulletin, Monash University,Vol. 15, No. 5, 1990, pp.
take an active role in the church, such as serving on
18-21; Bradley, C., “Violence in Marriage in Urban
church committees or sharing the Word of God from
Papua New Guinea: The Role of the Churches,”
the pulpit. In this regard World Vision Papua New
Catalyst. Journal of the Melanesian Institute, Vol. 20,
Guinea can have a role in raising awareness and fa-
No. 2, 1990, pp. 137-156; and Toft, S. ed., “Domes-
cilitating understanding of the value of women as
tic Violence in Papua New Guinea,” Law Reform
created beings made in the image and likeness of
Commission Monograph No. 3, 1985, Boroko, PNG
God.
(anthropological studies of aspects of domestic
violence in Papua New Guinea).
3
LRC, 1992, p. 17
4
LRC, 1992, pp. 16–17
5
LRC, 1992, p. 18
6
LRC, 1992, p. 21
7
Cox, E. Campaigning Against Domestic Violence: An
Evaluation of the Women and Law Committee’s Cam-
paign Against Domestic Violence 1986-1992, Gov-
ernment of Papua New Guinea and UNICEF, Sep-
tember 1999, pp. 92–3
8
LRC, 1992, pp. 19–20
9
National Sex and Reproduction Research Team and
Carol Jenkins, National Study of Sexual and Repro-
ductive Behaviour in Papua New Guinea, Monograph
No. 10, Goroka: PNG Institute of Medical Research,
1994

World Vision is a Christian relief and development partnership which serves
more than 85 million people in some 80 countries. World Vision seeks to follow
Christ’s example by working with the poor and oppressed in the pursuit of justice
and human transformation.
Children are often most vulnerable to the effects of poverty. World Vision works
with each partner community to ensure that children are able to enjoy improved
nutrition, health and education. Where children live in especially difficult circum-
stances, surviving on the streets, suffering in exploitative labour, or exposed to the
abuse and trauma of conflict, World Vision works to restore hope and to bring
justice.
World Vision recognises that poverty is not inevitable. Our Mission Statement
calls us to challenge those unjust structures, which constrain the poor in a world
of false priorities, gross inequalities and distorted values. World Vision desires that
all people are able to reach their God-given potential, and thus works for a world
which no longer tolerates poverty.

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What is the book about?

What is the book about?

What issues related to violence against women does it discuss?

What issues related to violence against women does it discuss?

Violence

Edited by Don Brandt

Printed on recycled paper.

2 Violence Against Women: From Silence to Empowerment

Violence Against Women: From Silence to Empowerment 3

Dr Sekai Shand (The links between HIV/AIDS and

4 Violence Against Women: From Silence to Empowerment

Domestic violence: Aggression against women in Chile ....................................................................... 17

Commercial sexual exploitation of children:

Finding a way forward: Gender-based violence in Tanzania ................................................................ 59

Violence against women in Europe ................................................................................................................. 85

Family and sexual violence in Papua New Guinea................................................................................... 95

Violence Against Women: From Silence to Empowerment 5

Violence Against Women: From Silence to Empowerment 7

10 Violence Against Women: From Silence to Empowerment

12 Violence Against Women: From Silence to Empowerment

14 Violence Against Women: From Silence to Empowerment

16 Violence Against Women: From Silence to Empowerment

Introduction ean society. In 1992, with support from the Pan-

Domestic violence: Aggression against women in Chile 17

1992 Larraín (supported by PAHO) • women beaten by spouse in 25% of households

• in the Metropolitan Region alone, domestic

• nationally, one in every two married or

• prevalence of violence lowers as women’s

2002 Citizen Security Division, • 32,515 reported cases in second trimester of

18 Violence Against Women: From Silence to Empowerment

Domestic violence: Aggression against women in Chile 19

20 Violence Against Women: From Silence to Empowerment

Progress towards change • assigns it the category of an act punishable by

Domestic violence: Aggression against women in Chile 21

22 Violence Against Women: From Silence to Empowerment

Civil society initiatives World Vision Chile

Domestic violence: Aggression against women in Chile 23

24 Violence Against Women: From Silence to Empowerment

Domestic violence: Aggression against women in Chile 25

28 Violence Against Women: From Silence to Empowerment

30 Violence Against Women: From Silence to Empowerment

• fear or insecurity of losing one’s masculine

32 Violence Against Women: From Silence to Empowerment

• at the program design stage, conduct gender-

34 Violence Against Women: From Silence to Empowerment

Strategies to include men’s It is clear that, at a broader level, similar principles

• through World Vision’s Hope Initiative, advo- Closing

36 Violence Against Women: From Silence to Empowerment

Introduction mitted sex offences abroad. Five countries in the

Commercial sexual exploitation of children: How extra-territorial legislation can help 39

40 Violence Against Women: From Silence to Empowerment

Commercial sexual exploitation of children: How extra-territorial legislation can help 41

42 Violence Against Women: From Silence to Empowerment

Commercial sexual exploitation of children: How extra-territorial legislation can help 43

A legislative response is absolutely critical, first to Section 2: Case studies

44 Violence Against Women: From Silence to Empowerment

Canada To date, no charges have ever been pursued under

Commercial sexual exploitation of children: How extra-territorial legislation can help 45

1. The high cost generated by pursuing extra- and

46 Violence Against Women: From Silence to Empowerment