Letters to the Editor
On violence against women
 ear
LRF,
My name is Benson Hamwanza. I am a student of law. Allow
me space in your newsletter to write on International Law on Violence
Against Women.
International Law requires states to show due diligence
in preventing and responding to human rights violations. With respect
to violations of bodily integrity in particular, governments have a duty
to prevent, investigate and prosecute such abuse, including cases in which
the perpetrator is a private citizen where states do not prohibit such
abuse or routinely fail to responde to evidence rape or assault of women,
they send the message that such attacks can be committed with impunity.
In doing so, states fail to take the minimum steps necessary to protect
women’s rights to physical integrity or even life. To the extent that
this failure reflects discrimination on the basis of gender, it also constitutes
a violation of the state’s international obligation to guarantee equal
protection of the law.
Zambia has ratified the U.N. convention on the Elimination
of All Forms of Discrimination against Women (CEDAW). Under CEDAW, the
government is committed to a wide range of measures, including legislation
to ensure the full development and advancement of women for the purpose
of guaranteeing them the exercise and enjoyment of purpose of guaranteeing
them the exercise and enjoyment of human rights and fundamental freedoms
on a basis of equality with men. In 1992, the Committee on the Elimination
of Discrimination Against Women, established under CEDAW, adopted a general
recommendation and comments in violence against women and states obligations
under the convention. The committee noted that states are obliged under
CEDAW to take steps to provide:
(a) Effective legal measures, including penal sanctions,
civil remedies and compensatory provisions to protect women against all
kinds of violence, including among other violence and abuse in the family,
sexual assault and sexual harassment in the workplace.
(b) Prevention measures including public information and
education programmes to change attitudes concerning the roles and status
of men and women.
(c) Protective measures including refugees, counselling,
rehabilitation and support services for women who are the victims of violence
or who are at risk of violence.
These recommendations are based on the international law
obligation of states to ensure that those whose rights are violated shall
have an “effective remedy”. Without a remedy in case of violation proper
guarantees of rights are meaningless. In the case of violence against
women as for any other assault one of the primary elements of an effective
remedy is prosecution of the perpetrator in the criminal courts.
Yours Benson Hamwanza, Lusaka.
Too Late for Justice
Dear Editor,
I write to confirm that I received your letter in which
you aired your position that since the case has reached Supreme Court,
there is no further assistance that you can offer.
It is regrettable that I came to know and learn of your
office very late, otherwise things could have materialized.
Just as I explained, I came to discover the real person
who committed this crime after my arrest and conviction by the high court.
It so happened that in 1995 represenatives from the human rights came
and visited the prison; I personally submitted this problem to them where
they responded to have taken note of the whole issue. In addition they
promised to feed me back through writing. But unfortunately, I never received
anything from them. On several occasions, I tried to write them a letter
but still received no reply. This matter has been there, then and now.
It has remained unsolved.
Even at the Supreme Court, I again lodged the same problem,
they told me that their role was to peruse over what was the case record.
And advised me that since the human rights were aware, they were to make
a report to the Supreme Court. That is how they proceeded with everything.
On the other hand allow me to most sincerely thank your
offices for your efficiency and effectiveness. From time in immemorial
you have been the only office that has done so much for the less privileged.
You have managed to reach the unreached. May God bless you and reward
you in full for the wonderful work that you are doing.
In your letter you did mention something to do with petition.
Yes I concur with you, that’s the only way left to try. However, it is
very difficulty for me alone to push a petition unless with your mighty
assistance. I personally can forward a letter but need support from your
firm. I am not even conversant with the procedures. Let us join hands
together so that I put in this petition. Please do not get fed up of me.
I hope you will help with the rightful advice.
Finally, may you also assist me on one problem? This problem
is that I have no proper record of the day I was arrested. The moment
prison authorities count my days of conviction, they always start from
the day I was brought to maximum prison instead of with effect from the
day of arrest.
They have always advised me to bring forth the case record.
I have written nine letters to the master of Supreme but still have not
heard anything from him.
Now imagine from 1993, I came to be convicted in 1995.
Do I really have to lose the two years I was in prison? This is another
torment that eats my brain time and again.
I pen off here, as I thank you in anticipation.
Yours Peter Mukuka
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