PRESS BRIEFING ON 16 DAYS OF ACTIVISM

1.0 Background and Rationale

The 16 Days of Activism is an annual event that is commemorated from 25 November to 10 December every year to report, expose and/ or disseminate cases of violence against women all over the world.

In Malawi, there are a number of activities such as marches, rallies, radio and TV documentaries as well as press conferences that civil society organizations have organized to observe this event whose theme is "Celebrating 16 years of 16 Days of activism: Advance human rights, end violence against women".

In spite of the national mechanism such as the Constitution and Gender Policy to reduce domestic violence that particularly targets women and children, the trend indicates that there is increasing incidence rate of women abuses.

In particular, Civil Liberties Committee (CILIC) has developed a comprehensive case management system and structure to monitor, document, disseminate, legal counseling and representation for victims, and/or referral to relevant institutions for appropriate relief particular cases.

In view of this, CILIC has organized a demonstration and rally activities where different performances, experience-sharing by victims, speeches will be made to disseminate cases, experiences, and lessons of gender-based violence perpetrated against women in society.

2.0 Nature of Cases

Civil Liberties Committee's strategic approach identifies key areas of advocacy on human rights violations for communities to practice, defend, and claim their rights and provision of legal counseling and representation for vulnerable groups of society.

2.1 Major cases

In light of women and girl rights abuses, CILIC has identified major issues of concern as wife abuse, abandonment, and battery; property grabbing, labor disputes and land conflicts; forced & early marriages; child neglect and defilement; incest, sexual harassment and harmful cultural practices.

2.2 Case Studies

(a) Harmful cultural practices

(i) Denial of right to family and marriage (Section 22 of the Republican Constitution) by traditional conduct that is harmful to social development.

> In TA Kawinga, Machinga, a woman was married for a year or so and bore a child until marital disputes started taking place. The husband abandoned her for another and used charm to 'lock up or bind' her sexual rights with any other man (therefore she could not remarry).
After some traditional dispute mechanism settled the marital disagreement the husband returned and bore a second child with her, only to forsake her again. In the meantime, the husband is in South Africa and the woman's right to have a family and marriage remains unfulfilled by the cultural conduct that seriously undermines human rights thereby putting life of the victim at risk of HIV infection. (witchcraft practice)

> In TA Kapeni, Blantyre, a woman who refused to cooperate in performing charms that would cut off the umbilical cord of an unborn baby suffered beatings and abandonment whose baby was later born without the umbilical cord and died of such circumstances (witchcraft practice)

(b) Wife abandonment

> In Blantyre, there is a case where a woman and baby twins were dumped for another woman (polygamous practice);
> In Thyolo, a woman who had helped erect a house at a husband's home was later chased away;
> In Nsanje, a woman was sent away from her husband's home and had the children taken away from her because of dowry or bride price, malowolo custom.

In general, women and girls are abused, neglected and abandoned at will in society.

(c) Wife beatings

> In Dedza, three women incurred serious bodily injuries where, one lost her arm, another had her ear bitten off and the other a few teeth were ripped off because of marriage conflicts.

(d ) Property grabbing

> In Blantyre, a woman was evicted from premises she helped developed with her late husband.

(e ) Employment-related

> In Thyolo, a woman was persuaded to have sexual relations with a boss who later dismissed her when his wife learnt about the affair.

(f ) Marital disputes

> A woman was divorced with two children and the court ordered that the husband maintains them which he does not anyway.

(g ) Forced and/or early marriages

> In TA Lundu, Blantyre, a 14-year old orphan is being forced into an arranged marriage that consequently will see her drop out of school (Std 7).

(h ) Sexual harassment

> In TA Ngokwe, Machinga, at a market, a woman was fondle into her private parts;

(i) Land disputes

> There are many cases of land disputes that put women at risk of targeted violence from society.

(j) Abandoned pregnancies

> There cases of abandoned pregnancies that are forced on girls and women on the expectations of marriage.

3.0 Factors that contribute to growing incidences of violence against women

There are a number of factors that contribute to increasing cases of violence against women, including:

(a) Lack of personal responsibility

There are people (in particular men) who purely disregard their responsibility to uphold the expected social values and norms of society for selfish reasons such as greed for more property, pleasure-seeking in having multiple sexual partners, etc.

(b) Inadequate, inappropriate and inaccessible institutional capacity and service delivery (implementation)

The formal and informal institutions do not adequately capture the complex dynamics of mostly traditional factors that facilitate violence against women. These cultural factors that are not adequately addressed by institutions make delivery mechanism for services inaccessibility to people in society.

The institutional capacity either fails by omission (whenever no provisions are in place, for example, child trafficking, prostitution) or breach of existing instruments and failure to enforce them (in case of default in payment of relief to women whenever courts have determined them). In either case, there is a gap in addressing human rights violations created by structures or institutions and systems such as parliament, Acts, police, courts, policies, etc.

In many ways, some institutions are perceived to commit 'soft' penalties on perpetrators of violence against women.

( c) Inadequate publicity on violence cases

There is little exposure of cases and lack of a broad structure to monitor, document and disseminate cases as they filter out from society.

(d) Existing gender imbalance in families

Relations between man and woman are power-related and unless women are adequately empowered, there is bound to be continued domination and exploitation which prevents women from meaningfully accessing and controlling services, resources and outcomes from opportunities that life offer us. For example, presently a woman may access a job (an opportunity) but not necessarily decide what to do with the job proceeds (this is what matters).

(e) Culture of silence

Most cases of violence against women border on sex and sexuality which remains covered up in taboos. People, in particular women, are reluctant to discuss, report and seek redress about such cases because of different stereotyping like stigma, discrimination and permanent loss of social and economic relations that results from such actions. For example, more women are raped, children defiled and forcefully indulge in spiritual charm for alleged prosperity than are actually reported and disseminated.
Also, even when cases are reported and publicized to various authorities (police, courts, social welfare, parliament, etc) little difference is made (a perception of victims) to address them which only leaves the victims more distressed, traumatized and discriminated.

4.0 Recommendations/Actions taken already

> There is need for developing and enforcing institutional policy that adequately monitors, documents, reports, disseminates and offers a severe compensation regime for protecting, promoting and fulfilling rights of women (Domestic Violence Law) and clearly defines what action must be taken by whom and identify them (for example, who are the victims, perpetrators and duty-bearers in a particular case, what roles are they supposed to play);
> In order to offset gender imbalances in families, there must be continued pursuance of empowerment strategies for women, for example, education for the girl child, affirmative action in job placement, material and economic support like offering soft credit facilities, etc.;
> Increased monitoring, documentation, and exposure by civil society organizations, the media and government institutions of cases of violence against women. CILIC has embarked on a Human Rights Monitoring & Documentation funded by Human rights Consultative Committee (HRCC) with a view of providing background information for further research, evidence of human rights abuses by individuals and institutions;
> Continue with educational outreach interventions to open up society into engaged in dialogue whenever cases of violence or the threat of it occurs;

5.0 Conclusion

There are numerous cases of violence against women such as wife beating, abandonment, property grabbing, forced and/or early marriages, sexual harassment, unwanted pregnancies whose need for sustained monitoring, documentation and dissemination cannot be overemphasized.

The immediate consequence for the increase of cases of violations against women is promotion of risk of HIV infection, among women in particular and all of us in general. As a nation, we therefore need to protect women from further violence or threat of it that in a way prevents the spread of HIV transmission.

It is possible there are many incidences of women deaths (reported or not) that may have resulted from these cases which could have been prevented. For this reason, it is our collective responsibility to protect, promote and fulfill rights of women as both man and woman become meaningful resources for national development.