Pieces of Hell

The Guardian 30.3.09

Hamid Karzai has been accused of trying to win votes in Afghanistan's presidential election by backing a law the UN says legalises rape within marriage and bans wives from stepping outside their homes without their husbands' permission.

The Afghan president signed the law earlier this month, despite condemnation by human rights activists and some MPs that it flouts the constitution's equal rights provisions.
Jon Boone reveals Afghanistan's new law denying women's rights Link to this audio

The final document has not been published, but the law is believed to contain articles that rule women cannot leave the house without their husbands' permission, that they can only seek work, education or visit the doctor with their husbands' permission, and that they cannot refuse their husband sex.

A briefing document prepared by the United Nations Development Fund for Women also warns that the law grants custody of children to fathers and grandfathers only.

Senator Humaira Namati, a member of the upper house of the Afghan parliament, said the law was "worse than during the Taliban". "Anyone who spoke out was accused of being against Islam," she said.

The Afghan constitution allows for Shias, who are thought to represent about 10% of the population, to have a separate family law based on traditional Shia jurisprudence. But the constitution and various international treaties signed by Afghanistan guarantee equal rights for women.

Shinkai Zahine Karokhail, like other female parliamentarians, complained that after an initial deal the law was passed with unprecedented speed and limited debate. "They wanted to pass it almost like a secret negotiation," she said. "There were lots of things that we wanted to change, but they didn't want to discuss it because Karzai wants to please the Shia before the election."

Although the ministry of justice confirmed the bill was signed by Karzai at some point this month, there is confusion about the full contents of the final law, which human rights activists have struggled to obtain a copy of. The justice ministry said the law would not be published until various "technical problems" had been ironed out.

After seven years leading Afghanistan, Karzai is increasingly unpopular at home and abroad and the presidential election in August is expected to be extremely closely fought. A western diplomat said the law represented a "big tick in the box" for the powerful council of Shia clerics.

Leaders of the Hazara minority, which is regarded as the most important bloc of swing voters in the election, also demanded the new law.

Ustad Mohammad Akbari, an MP and the leader of a Hazara political party, said the president had supported the law in order to curry favour among the Hazaras. But he said the law actually protected women's rights.

"Men and women have equal rights under Islam but there are differences in the way men and women are created. Men are stronger and women are a little bit weaker; even in the west you do not see women working as firefighters."

Akbari said the law gave a woman the right to refuse sexual intercourse with her husband if she was unwell or had another reasonable "excuse". And he said a woman would not be obliged to remain in her house if an emergency forced her to leave without permission.

The international community has so far shied away from publicly questioning such a politically sensitive issue.

"It is going to be tricky to change because it gets us into territory of being accused of not respecting Afghan culture, which is always difficult," a western diplomat in Kabul admitted.

Soraya Sobhrang, the head of women's affairs at the Afghanistan Independent Human Rights Commission, said western silence had been "disastrous for women's rights in Afghanistan".

"What the international community has done is really shameful. If they had got more involved in the process when it was discussed in parliament we could have stopped it. Because of the election I am not sure we can change it now. It's too late for that."

But another senior western diplomat said foreign embassies would intervene when the law is finally published.

Some female politicians have taken a more pragmatic stance, saying their fight in parliament's lower house succeeded in improving the law, including raising the original proposed marriage age of girls from nine to 16 and removing completely provisions for temporary marriages.

"It's not really 100% perfect, but compared to the earlier drafts it's a huge improvement," said Shukria Barakzai, an MP. "Before this was passed family issues were decided by customary law, so this is a big improvement."

Karzai's spokesman declined to comment on the new law.

By Clifford Coonan in Beijing Independent Tuesday, 24 March 2009

China is innovating in the market of death with a fleet of execution buses in which convicts are efficiently and cleanly put to death by lethal injection.

The mobile death chamber means executions can be ordered and carried out by courts in towns and villages around a particular province, with executioners and medical staff shuttling between different jurisdictions. Authorities say the initiative is a deterrent against crime.

"First, we established there was demand for execution vehicles. Then we designed the vehicles and applied to the government for certification. This procedure is a must," said Mr Zhang, from the marketing department of Jinguan Auto – a Chongqing-based maker of ambulances, police lorries, bulletproof shields and armour-plated limos. Mr Zhang, who did not wish to give his first name, said the execution bus is a refitted 17-seater minibus which is seven metres long. So far the company had sold 10 of the vehicles.
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* China spearheads surge in state-sponsored executions

Viewed in the online catalogue, the bus looks innocuous enough from the outside. Mr Zhang explained how criminals are tied hand and foot to a stretcher at the back, then injected with a cocktail of lethal toxins. The bus also features a video monitoring system, to ensure that executions comply with state rules, he explained.

The execution bus also makes it easier to use organs from prisoners for transplants, with doctors and nurses on hand to make sure they are transferred swiftly. This practice has been attacked as inhumane, although the Chinese government insists it takes place with the permission of the donors and their families.

China executes more prisoners than any other country, and non-violent crimes such as corruption and tax fraud, as well as the traditional capital offences such as murder, are among 68 crimes that carry the death penalty.

Before creation of the buses, the condemned were executed by being shot in the back of the head, but executioners were often forced to wear rubber boots, because of the large amount of blood involved in shootings, and occasionally prisoners had to be shot several times before finally dying.

One reason why executioners wanted a different method was because many of those killed were drug traffickers, and were said to have HIV/Aids. Executioners said they were worried they would become infected by spraying blood.

"Lethal injection reduces the pain and fear of the condemned. It is a more humane way to die," Mou Ruijin, associate professor of the Law School of Northeast University, told the Xinhua news agency after the province of Liaoning became the latest to switch to lethal injections.

The makers of the van say sales are steady, and urge any foreign governments interested to get in touch.

from guardian.co.uk 12.03.09

The partially clothed body of Eudy Simelane, former star of South Africa's acclaimed Banyana Banyana national female football squad, was found in a creek in a park in Kwa Thema, on the outskirts of Johannesburg. Simelane had been gang-raped and brutally beaten before being stabbed 25 times in the face, chest and legs.As well as being one of South Africa's best-known female footballers, Simelane was a voracious equality rights campaigners and one of the first women to live openly as a lesbian in Kwa Thema.

Her brutal murder took place last April, and since then a tide of violence against lesbian women in South Africa has continued to rise. Human rights campaigners say it is characterised by what they call "corrective rape" committed by men behind the guise of trying to "cure" lesbian women of their sexual orientation.

Now, a report by the international NGO ActionAid, backed by the South African Human Rights Commission, condemns the culture of impunity around these crimes, which it says are going unrecognised by the state and unpunished by the legal system.

The report calls for South Africa's criminal justice system to recognise hate crimes, including corrective rape, as a separate crime category. It argues this will force police to take action over the rising violence and ensure the resources and support is provided to those trying to bring perpetrators to justice.

The ferocity and brutality of Simelane's murder sent shockwaves through Kwa Thema, where she was much known and loved for bringing sports fame to the sprawling township.

Her mother, Mally Simelane, said she always feared for her daughter's safety but never imagined her life would be taken in such a way.

"I'm scared of these people that they are going to come and kill me too because I don't know what happened," she said. "Why did they do this horrible thing? Because of who she was? She was a sweet lady, she never fought with anyone, but why would they kill her like this? She was stabbed, 25 holes in her. The whole body, even under the feet."

The Guardian talked to lesbian women in townships in Johannesburg and Cape Town who said they were being deliberately targeted for rape and that the threat of violence had become an everyday ordeal.

"Every day I am told that they are going to kill me, that they are going to rape me and after they rape me I'll become a girl," said Zakhe Sowello from Soweto, Johannesburg. "When you are raped you have a lot of evidence on your body. But when we try and report these crimes, nothing happens, and then you see the boys who raped you walking free on the street."

Research released last year by Triangle, a leading South African gay rights organisation, revealed that a staggering 86% of black lesbians from the Western Cape said they lived in fear of sexual assault. The group says it is dealing with up to 10 new cases of "corrective rape" every week.

"What we're seeing is a spike in the numbers of women coming to us having been raped and who have been told throughout the attack that being a lesbian was to blame for what was happening to them," said Vanessa Ludwig, the chief executive at Triangle.

Support groups claim an increasingly aggressive and macho political environment is contributing to the inaction of the police over attacks on lesbian women and is part of a growing cultural lethargy towards the high levels of gender-based violence in South Africa.

"When asking why lesbian women are being targeted you have to look at why all women are being raped and murdered in such high numbers in South Africa," said Carrie Shelver, women's rights at Powa, a South African NGO. "So you have to look at the increasingly macho culture, which seeks to oppress women and sees them as merely sexual beings. So when there is a lesbian woman she is an absolute affront to this kind of masculinity."

A statement released by South Africa's national prosecuting authority said: "While hate crimes – especially of a sexual nature – are rife, it is not something that the South African government has prioritised as a specific project."

The failure of police to follow up eyewitness statements and continue their investigation into another brutal double rape and murder of lesbian couple Sizakele Sigasa and Salome Massooa in July 2007, has already led to the formation of the 07-07-07 campaign, a coalition of human rights and equality groups calling for justice for women targeted in these attacks.

Sigasa and Massooa were tortured, gang raped and shot near their homes in Meadowland, Soweto in July 2007, shortly after being verbally abused outside a bar.

Human rights and equality campaigners are hoping that the public outrage and disgust at Simelane's death and the July trial of the three men accused of her rape and murder will help put an end to the spiralling violence increasingly faced by lesbian women across South Africa.

Despite more than 30 reported murders of lesbian women in the last decade, Simelane's trial has produced the first conviction, when one man who pled guilty to her rape and murder was jailed last month.

On sentencing, the judge said that Simelane's sexual orientation had "no significance" in her killing. The trial of a further three men pleading not guilty to rape, burglary and murder will start in July.

In Soweto and Kwa Thema, women seem unconvinced that Simelane's case will change anything for the better.

Phumla talks of her experience of being taught a "classic lesson" by a group of men who abducted and raped her when she was returning from football training in 2003. She says that "practically every" lesbian in her community has suffered some form of violence in the past year and that it will take more than one trial to stop this happening.

"Every day you feel like its a time bomb waiting to go off," she said. "You don't have freedom of movement, you don't have space to do as you please. You are always scared and your life always feels restricted. As women and as lesbians we need to be very aware that it is a fact of life that we are always in danger."

Vatican backs abortion row bishop from the BBC
(see also previous post)
A senior Vatican cleric has defended the excommunication in Brazil of the mother and doctors of a young girl who had an abortion with their help.

The nine-year-old had conceived twins after alleged abuse by her stepfather.

Cardinal Giovanni Battista Re told Italian paper La Stampa that the twins "had the right to live" and attacks on Brazil's Catholic Church were unfair.

It comes a day after Brazil's president criticised the Brazilian archbishop who excommunicated the people involved.

Brazil only permits abortions in cases of rape or health risks to the mother.

Doctors said the girl's case met both these conditions, but the Archbishop of Olinda and Recife, Jose Cardoso Sobrinho said the law of God was above any human law.

He said the excommunication would apply to the child's mother and the doctors, but not to the girl because of her age.

'Sad case'

Cardinal Re, who heads the Roman Catholic Church's Congregation for Bishops and the Pontifical Commission for Latin America, told La Stampa that the archbishop had been right to excommunicate the mother and doctors.

“ Life must always be protected, the attack on the Brazilian Church is unjustified ”
Cardinal Giovanni Battista Re
"It is a sad case but the real problem is that the twins conceived were two innocent persons, who had the right to live and could not be eliminated," he said.

"Life must always be protected, the attack on the Brazilian Church is unjustified."

The abortion was carried out on Wednesday.

Brazil's President Luiz Inacio Lula da Silva, himself a Catholic, said on Friday that he regretted what he described as the cleric's deeply conservative attitude.

"The doctors did what had to be done: save the life of a girl of nine years old," he said.

The girl, who lives in the north-eastern state of Pernambuco, was allegedly sexually assaulted over a number of years by her stepfather, possibly since she was six.

The fact that she was four months' pregnant with twins was only discovered after she was taken to hospital in Pernambuco complaining of stomach pains.

Her stepfather was arrested last week, allegedly as he tried to escape to another region of the country.

He is also suspected of abusing the girl's physically handicapped 14-year-old sister. He has not been excommunicated by the church.

A Brazilian archbishop says all those who helped a child rape victim secure an abortion are to be excommunicated from the Catholic Church.

The girl, aged nine, who lives in the north-eastern state of Pernambuco, became pregnant with twins.

It is alleged that she had been sexually assaulted over a number of years by her stepfather.

The excommunication applies to the child's mother and the doctors involved in the procedure.

The pregnancy was terminated on Wednesday.

Abortion is only permitted in Brazil in cases of rape and where the mother's life is at risk and doctors say the girl's case met both these conditions.

Police believe that the girl at the centre of the case had been sexually abused by her step-father since she was six years old.

The fact that she was pregnant with twins was only discovered after she was taken to hospital in Pernambuco complaining of stomach pains.

Her stepfather was arrested last week, allegedly as he tried to escape to another region of the country.

He is also suspected of abusing the girl's physically handicapped older sister who is now 14.

Intervention bid

The Catholic Church tried to intervene to prevent the abortion going ahead but the procedure was carried out on Wednesday.

Now a Church spokesman says all those involved, including the child's mother and the doctors, are to be excommunicated.

The Archbishop of Olinda and Recife, Jose Cardoso Sobrinho, told Brazil's TV Globo that the law of God was above any human law.

He said the excommunication would not apply to the child because of her age, but would affect all those who ensured the abortion was carried out.

However, doctors at the hospital said they had to take account of the welfare of the girl, and that she was so small that her uterus did not have the ability to contain one child let alone two.

While the action of the Church in opposing an abortion for a young rape victim is not unprecedented, it has attracted criticism from women's rights groups in Brazil.