By IPS Correspondents
LUSAKA, Jul 28 2003 (IPS)

Enraged by the rising cases of child abuse, a member of parliament has called for mandatory castration in all defilement and rape cases in Zambia.

The legislator, Inonge Wina, has been supported by fellow activists like Jurita Mutale from the Young Women’s Christian Association.

“The buck has to stop somewhere,” says Mutale. “Let these perverts be given life sentences or castration.”

Zambia’s first lady Maureen Mwanawasa also recently lent her voice in denouncing sexual crimes. “I am siding with those calling for stronger punishment,” she said.

Even, her husband Levy says as a Christian nation, Zambians should hang their heads in shame for abusing children.

Minister of Youth, Sport and Community Development Mutale Nalumango said recently up to 70 child abuse cases were being reported to the police daily, most of these were girls being sexually abused.

“The abusers are not strangers. They are people who are supposed to care for the children,” said Nalumango. “It is a disgrace that men should resort to such levels to satisfy their depravity.”

Dr. Frida Kazembe, of the Medical Women’s Association of Zambia, wonders why, when there has been an increase in the number of child sexual abuse, there is no corresponding increase in convictions. “Obviously there is something wrong with the law. It is ineffectual,” she says.

The police agree. Eugene Sibote, a pioneer of the Police Victim Support Unit, which handles cases of abuse, says there is need for a complete overhaul of the criminal justice system in dealing with child protection. The current provisions only deal with the aftermath, not the protection of children.

Sibote, who is now Police Training School Commanding Officer, says, while abused children are potential witnesses, abusers have the right to remain silent in court proceedings. They are not subject to scientific examination. Rigid and unfriendly rules of evidence place the victim on trial, while the abuser becomes a spectator.

“The abusers play no role. They just sit in court and watch the victim labour to prove a crime was committed,” he says. There are also inadequate legal provisions for child protection. For example, the law does not provide restraining orders against parents who abuse children. There are no mandatory sentences. The law does not address the aggravating circumstances such as HIV/AIDS and sexually transmitted diseases (STDs).

Women and Law in Southern Africa’s Chesya Mtamira regrets that Zambia’s penal code does not define sexual abuse.

Offences of a sexual nature involving children are covered under the section against morality which includes defilement, abduction, indecent assault and incest. A child is subjected to highly embarrassing and humiliating questions in an intimidating manner which leads to many cases being acquitted because the child is unable to speak.

“Our courts have not been proactive because they have not realised the seriousness of child sexual abuse. And they have not taken into account that children are getting life sentences when they are infected with HIV/AIDS,” Mtamira says.

She says since child abuse cases are tried by magistrates who have no power to mete out maximum sentences, defilers are always walking off with light sentences. The Women and Law in Southern Africa (WILSA) is working on getting the magistrates to try the cases, but leaving the sentencing to the high court.

It is also working with other stakeholders to change the laws regarding defilers. “We want child abuse to be a non-bail able offence just like aggravated robbery and motor vehicle theft. We also want the maximum sentence which is life, for convicted defilers,” says Mtimira.

But this is a long process. And many believe that because defilement is usually perpetuated by men, the issue will not be given the seriousness or urgency it deserves.

“It is men who defile and it is men who make the laws. Do you think they will do anything that might rebound on them in the future or will affect their fellow men? This is why we are thinking of drastic action like castration,” says medical doctor Jules Mwamba.

She says she has seen an increase in the number of children under ten with sexually transmitted diseases and HIV/AIDS in the last couple of years.

“It is only when you see the pain of these children and the helplessness of the parents that you wish to injure the perpetuators. It is a serious crime which deserves lasting and permanent punishment,” she says.

Over one million people, 90,000 of them children, are living with HIV/AIDS in Zambia, according to official statistics.

AIDS has killed 650,000 people and orphaned 700,000 children since the first case of the disease was diagnosed in Zambia in 1984.

Deputy Minister of Youth, Sport and Child Development Gunston Chola says government is concerned about the rise in child abuse. He says the child policy and national programme of action, which will soon be presented to cabinet, will be guiding documents in the implementation of children’s programme.

“Government has ratified important instruments regarding children’s rights and should be given support. The process is slow – making it appear that government is not concerned or dragging its feet,” he says.

Castration, like other suggestions that have been put forward to combat child sexual abuse, has legal implications which have to be considered, says Chola. “We are looking at the most effective ways of curbing sexual abuse. We are open to all suggestions,” he adds.

Excerpt: