Uganda’s new Sexual Offences Act fails to address the toxic culture of victim blaming
Posted: 2 July, 2021 Filed under: Elizabeth Kemigisha | Tags: consent, gender-based violence, girls, justice, sex, sexual activity, Sexual and Gender-Based Violence (SGBV), sexual assault, sexual crimes, sexual offences, Sexual Offences Act, Sexual Offences Bill, sexual violence, sgbv, toxic, Uganda, victim blaming, victims, women, women's human rights, women's rights 1 Comment
Author: Elizabeth Kemigisha
FIDA Uganda
On 3 May 2021, Uganda’s Parliament passed the Sexual Offences Act, 2021. This Act – which has been 21 years in the making – can be applauded for increasing protection and redress to survivors of sex-related crimes. The majority of MPs supported the Bill and its core purpose of combating sexual violence and consolidating laws of sexual offences, providing for punishment of perpetrators of sexual offenses, providing for procedural and evidential requirements during trial of sexual offences and other related matters. Many of the MPs agreed that if passed the Bill would fill the gaps that exist in the current laws making the legal framework more adequate and aligned with the international human rights standards that Uganda ascribes to. However, the final version of the Bill which was passed falls short of these international standards for the protection of human rights – and the rights of women in particular – on various fronts, including in its limited definition of rape, its failure to recognise marital rape and the criminalisation of false sexual accusations.
#IAmToufah makes the message clear: We are not going to wish the rape crisis away
Posted: 25 July, 2019 Filed under: Satang Nabaneh | Tags: #IAmToufah, #Jammeh2Justice, #TimeIsUp, culture of rape, Fatou ‘Toufah’ Jallow, gender-based violence, human rights abuses, President Jammeh, rape, sexual crimes, sexual violence, The Gambia, women's rights, Women’s Act 2010 Leave a comment
Author: Satang Nabaneh
Project Officer, Women Rights Unit, Centre for Human Rights, University of Pretoria
In dealing with past human rights abuses and upholding standards of respect for human rights, The Gambia’s transition from an abusive regime to democracy must also entail justice for victims of gender-based violence. Consequently, the most illustrative example of addressing sexual violence being part of the democratisation of society happened last month when 23-year-old former beauty queen, Fatou ‘Toufah’ Jallow accused former President Jammeh of rape.
Toufah detailed her story from the starting point of winning the state-sponsored beauty pageant in 2014 when she was 18 years old. Over the next few months, Jammeh lavished her with cash gifts and other favors including installation of running water in her family house. She was offered a position as a “protocol girl,” to work at the State House, which she declined. She also turned down his marriage proposal. During a pre-Ramadan Quran recital at State House, Jammeh locked her in a room and told her: “There’s no woman that I want that I cannot have.” She said that he then hit and taunted her, injected her with a liquid, and raped her. Days later, she fled to neighboring Senegal.
The conviction of Hissène Habré by the Extraordinary African Chambers in the Senegalese Courts: Bringing justice in cases of serious human rights violations in Africa
Posted: 30 June, 2016 Filed under: Juan Pablo Pérez-León-Acevedo | Tags: Africa, African Union, Chad, Charles Taylor, crimes against humanity, criminal justice, dictator, domestic courts, EAC, EAC Trial Chamber, Extraordinary African Chambers, gender crimes, genocide, Hissène Habré, human rights, hybrid criminal courts, ICC, ICTR, impunity, international crimes, International Criminal Tribunal for Rwanda, Jean Kambanda, Jean-Pierre Bemba Gombo, justice, Laurent Gbagbo, National Armed Forces of Chad (FANT), Omar Al-Bashir, regional mechanisms, restorative justice, SCSL, Senegal, sexual crimes, Special Court for Sierra Leone, torture, Transitional Government of National Unity (GUNT), Uhuru Kenyatta, universal jurisdiction, victims, war crimes, William Ruto, zero tolerance Leave a comment
Author: Juan Pablo Pérez-León-Acevedo
Vice-Chancellor Postdoctoral Fellow, Centre for Human Rights, Faculty of Law, University of Pretoria
Background
On 30 May 2016, the Extraordinary African Chambers in Senegal (EAC) found the former Chadian dictator Hissène Habré criminally responsible for crimes against humanity, war crimes and torture. The EAC condemned Hissène Habré to life in prison. The EAC indicated that the defence would have 15 days to appeal the conviction. Accordingly, the defence lawyers proceeded to appeal the conviction on 10 June 2016. During the trial that started on 20 July 2015 and ended on 11 February 2016, 96 witnesses, victims and experts participated, and 5600 transcript pages and over 56 exhibits were examined. The trial concerned crimes committed in Chad between 7 June 1982 and 1 December 1990, which corresponded to Habré’s rule. The EAC Trial Chamber convicted Habré, as a member of a joint criminal enterprise (involving, among others, directors of his political police aka the Direction de la documentation et de la sécurité (Documentation and Security Directorate (DSS)), of crimes against humanity of rape, sexual slavery, murder, summary execution, kidnapping followed by enforced disappearance, torture and inhumane acts committed against the Hadjerai and Zaghawa ethnic groups, the inhabitants of southern Chad and political opponents. As a member of a joint criminal enterprise, Habré was also convicted of torture. Additionally, the Chamber convicted Habré, under the modality of superior or command liability, of the war crimes of murder, torture, inhumane treatment and unlawful confinement committed against prisoners of war (international armed conflict), and of the war crimes of murder, torture and cruel treatment (non-international armed conflict). War crimes were examined, on the one hand, in the context of the non-international armed conflict between the Forces Armées Nationales du Tchad (National Armed Forces of Chad (FANT)) and the Gouvernment d’Union Nationale de Transition (Transitional Government of National Unity (GUNT)), and, on the other one, in the context of the international armed conflict between Libya, allied to the GUNT, and Chad supported by France and the United States. Nevertheless, the Chamber acquitted Habré of the war crime of unlawful transfer.
AfricLaw 