Two EssaysModester Phiri © Copyright 2021 by Modester Phiri |
In
the middle of the road, stranded, tired and alone without knowing
what to do or who to tell. Strapped of all the privileges knowingly
or unknowingly. Being left with two options, to live or to die, to be
a victim or to be guilty, to scream or to keep quiet, to tell
somebody or to live with it. Most gender-based violence victims are
left with two choices in their minds. Before they even attempt to
make a choice, they would like to know if gender-based violence
culprits really face justice. Based on the case studies below, with
hope they could have their answer.
Gender
based violence is a term used to describe unlawful acts committed
against someone based on their gender identity, gender expression and
gender perception. The world has come to light to address that
gender-based violence exist and the culprits behind these unlawful
acts should be facing justice. Gender based violence could be in
forms of; child marriages, female genital mutilations, honor
killings, sex trafficking, intimate -partner abuse, physical
punishments, rape, psychological violence and child abuse. The
perpetrators of these acts are supposed to be apprehended and
subjected to a court hearing so that they face justice. By statistics
women and girls are the most vulnerable to experience gender-based
violence in reference to most men.
This
is why the number of organizations trying to help victims of
gender-based violence mainly focus on women and girls. The fact is
gender-based violence is still existing and right now the victims do
not know which step to take next. This is the part where
international, regional, national and community-based organizations
comes in to assist these victims on what road to take after being
violated. UN (United Nations) women is one of the organizations
operating globally to ensure gender equality and eradicate
gender-based violence against women and girls. UNHCR (united nations
high commissioner for refugees) is another example of an
organizations operating globally to address issues of gender
injustices on refugee women and girls. IOVA (the International
Organization for Victims Assistance) is among organizations taking a
fight against gender-based violence against women. The truth is these
organizations lay out foundation on how to tackle violence against
women and girls.
The
RAINN (The Rape Abuse and Incest National Network) is one of the
organizations that is operating in the United states of America to
advocate, protect and care for rape victims in America. Sonke Gender
justice is an organization in South Africa that has an objective of
promoting gender equality, curb domestic and sexual violence. This
organization carry out several programs and campaigns on how to
address violence against women and girls. These organizations are
wide spread and are doing a great job in sensitizing the community
about gender-based violence. Currently because of these kinds of
organizations and activists, everyone is aware of what it means to be
violated as a woman or girl a child.
However,
some gender-based violence cases remain unreported and unspoken of.
Imagine a little girl, so innocent and full of curiosity being raped
by someone. It could be a brother or a cousin or neighbor or a
stranger but this girl is young and does not know she has been
violated until she grows older. A married woman who loves her husband
and she will do everything she can to mask up her abusive husband.
Another scenario could be where the culprit is threatening the victim
to keep quite or the culprit has an absolute advantage over the
victim. Sometimes the victim could be lost enough in pain and
thoughts that she is willing to forget her abusive moments. Truly
cases like these, points out that some gender-based violence culprits
escape justice and they are living in our mist.
About
52% in approximation of gender-based violence cases have been
reported. Victims guided by their guardians or communities report
these cases to the police or other local organizations that assist in
these cases. The government laws and regulations also play a part in
ensuring that these cases are handled and dealt with accordingly.
Some cases get justice while others are nulled down. Gender based
violence Activist and organization are still fighting until date to
ensure that fair and just trials are done regarding gender-based
violence against women and girls. This means reporting gender-based
violence is not enough to grant the victim justice. However, some
culprits are apprehended by the law and they are facing maximum
prison sentences depending on the court ruling.
Rape,
one of the common gender-based violence act that has been advocated
against a million times. Under aged girls are usually susceptible to
rape. Globally, the world is battling a rape case every month. The
question rape victims ask every day when they remanence their abusive
incident is “do rape victims face justice?”. The answer
to this question is what fascinates these victims to pursue justice
or to remain quiet. The truth of the matter is rape or defilement
does not fade even when justice is served. Post rape experience is
what is stealing the productivity of rape victims. Rape victims need
help in getting their abusers face justice and they need help to
navigate post rape trauma. Rape victims need to be helped one way or
another despite whether the rape was reported or not. The justice
system of every country is the key to the doors of attaining justice
in reference to rape cases.
Navigating
case studies of how Malawi as country battles rape and gender-based
violence cases could give a picture of how gender-based violence
cases are handled globally. Around the month of May in the year 2021,
the Malawian radio broadcasted a certain rape case. There was a legal
immigrant from Asian origin doing business in Malawi and this
immigrant was suspected of raping thirty-three Malawian girls. The
case was brought to court but the court ruled this suspect innocent.
The innocence was based on lack of evidence. The interesting part was
that this case was brought to court in the year 2017 and it was
tackled in the year 2021.The suspect has been out for bail for about
three years. Among the thirty-three girls, only one had the courage
to testify and fight for justice in the year 2021. The lack of
evidence was based on that fact that the age on the case report was
different from that on the national identification card.
This
case was so interesting that up to date this suspect is free. The
World is battling gender-based violence and one girl out of
thirty-three chose to fight for justice. However, the Malawian court
ruled her culprit innocent. Head of women activists, DR Jesse Kabwira
looked into the matter and she is trying to appeal in high court. The
33 girls in total, if they were truly raped, how do they feel about
their case. Everything comes back to the question, “do gender
based violence culprits really face justice?”. Should little
girls continue reporting rape cases actually when the court of law is
going to look at the minor error in their age difference instead of
looking at the fact that they were violated or not. When rape
culprits are actually given bail for three years and the court takes
three years to address the rape cases of 33 girls. Are gender-based
violence culprits really facing justice out there?
They
were other cases reported in the year 2020 about the Msundwe police
officers in Mchinji district. The case was about police officers who
assaulted and raped thirteen women, one girl and three under aged
girls after a national protest in that area. The Malawi women
lawyer’s association took an action against these police
officers. At this point the police received the report but they took
no action. The Malawi women lawyer’s association had to ask the
court to declare that the police and the government failed to conduct
proper investigation into the rape cases and that this was
unreasonable and breached the constitutional rights of these women.
Following this story outlines what happens when the law enforcers
themselves commit an injustice. Luckily the court ruled in favor of
these women. The court ruled that the police officers who raped and
abused girls and women in the presence of their children should be
apprehended. In this case the rape culprits faced justice at last.
However,
when the world is busy tackling rape cases involving someone not
related to the victim, the culprits who are related to the victims
are ignored. Most rape cases in the courts are about step fathers,
what about brothers and fathers? Since cases like this are not
reported, it does mean that a blood related rape perpetrator does not
exist. Maybe its high time the world starts to acknowledge that
gender-based violence culprits could be anyone. What motivates rape
victims to come forward is how society address this kind of issues.
If society hasn’t done much in surfacing cases like these, rape
victims will continue to mask their pain and live with it.
Of
course, there was a case relating to a legitimate father who was
apprehended for defiling his 3-year-old daughter while he was drunk
and the ministry of gender intervened. This father was actually
arrested. This proves that gender-based violence culprits could be
anyone. Like how women activists thronged Lilongwe court on march 4th
2021 in a battle cry against a suspected step-father who raped his
nine-year-old step daughter. This showed a united front of women in
Malawi who would like to witness change in the rate of abuse across
the country. The same way society advocates non-blood related rape
cases, the same way blood related culprits should be dealt with.
Dealing
with rape cases could be fragile but because rape is continuously
happening despite the effort the world is putting in to eradicate
this type of abuse. South Africa is registered as the top country in
Africa infested with numerous rape cases. Do the message “do
not rape really cross the minds of most people?”. In Mwaza
district, the police had to re-arrest a 51-year-old man who was on
court bail for allegedly defiling his twelve-year-old step daughter
on the same charge. This case happened in Malawi and it sheds a light
on how abusers are not listening to the empathy cry of rape victims.
What should actually be done to spread the message do not rape is
what rape victims are trying to convey every day.
In
brief rape is not the only fight Malawi and the rest of the world is
Fighting. Gender based violence is a violence directed against a
person because of their gender according to the definition by UNHCR
(United Nations High Commissioner for Refugees). This means that
violence occurs in regardless of age and ethnicity. This also means
that women could come across gender-based violence in their work
place or at a place they least suspect to meet gender-based violence.
There was a case of a Malawian female police officer who lost her job
in the year 2017 because her nude pictures were trending on online
social media platforms.
Looking
at her, she looks guilty but her story needs be heard first before
she is judged. This woman was at a training camp preparing to be
sworn as a police officer any day soon. Her supervisor threatened her
that she needs to capture nude poses and sent them to him if she
really wants graduate as a police officer. She chose to graduate,
however the wife of the supervisor out of jealousy released the
photos on social media, the day she saw them in her husband’s
phone. Cases like this draw women closer to the verge of losing their
identity. This woman sued the supervisor and she won the case in the
year 2021. A compensation fee and she is to be reinstated as a police
officer. How many women have been shamed publicly like in this
scenario? Work based-gender violence and social media-based gender
violence is at its peak and it needs to stopped.
Globally,
an estimated population of 736 million women, almost one in a three
have been subjected to intimate -partner violence, on sexual violence
or both once in their life. The rates of depression, anxiety
disorders, unplanned pregnancies, sexually transmitted infections and
HIV and AIDS infections are higher in women who have experienced
gender-based violence. Violence against women is recognized as a
major impairment to health and social development. Gender based
violence has been an issue that the world has been addressing ever
since. More and more funds are directed to victims of gender-based
violence every day. It is a disaster that gender based violence curve
never diminishes. Gender-based violence is natural disaster that can
be stopped or terminated without living a cycle of victims.
Domestic
violence is usually inflicted on women by their husbands. When it
comes to confrontations, women are more violent than men. By statics
more women are the ones that come across physical violence most of
the times. A number of police reports are flooded with female victims
who have been beaten up or murdered by their husbands or boyfriends.
There is no good reason that can justify domestic violence or
intimate partner violence. The main motive associated with this type
of violence is the sense of ownership. Ownership is the act or right
of possessing something or controlling a property. A property or
something refers to a non-living thing.
When
two people are intimately involved they claim each other and it is
this reclamation that mandates most abusive partners. Is it really
true that an intimate relationship is the same as ownership? People
need to be aware of the difference between owning someone and being
in a relationship with someone. Owning someone is known as slavery
and it was abolished around the year 1865.An intimate relationship
has to recognize both the weakness and the strength of the partner. A
point of flaws is not reasonable to give room to domestic violence or
intimate partner violence. When a relationship is not working, it
should not be replaced with domestic violence. Ownership and a
relationship should be differentiated over and over to remind
gender-based violence culprits that they do not have an excuse to
commit acts of violence against their intimate-partners.
According
to one of the UNFPA (United Nations Population Fund) report, it
suggests that gender-based violence undermines the health, dignity,
security and autonomy of women. Women subjected to gender-based
violence suffer psychological trauma that affect their day to day
lives. Imagine a girl child that has come across sex trafficking or
has undergone genital mutilation. This was done against the will of
the victim and these kinds of violence’s have permanent impacts
to the lives of the victims. The code of human rights exists for this
purpose. Right to life and freedom of choice are the cornerstone of
living lives. This defends those cultural, interpersonal, and abusive
intrusions into someone’s life. When these rights are stolen,
there is no consolation to that. The question whether gender-based
violence culprits really face justice needs to addressed as now and
then.
UNDP
(United Nations Development Program) released a report that suggested
that during the covid-19 pandemic, gender-based violence was also at
its peak. Gender based violence increases when there is an emergency.
It could be an economic crisis, a conflict and disease outbreaks.
Many women were in lockdown with their abusers while being cut off
from normal support services. Like mentioned above, there is no
reason that can justify gender-based violence and every individual is
entitled to their own lives. The world was battling covid-19 pandemic
but gender-based violence culprits took this opportunity to be
abusive and violent. Gender based violence culprits need to be
reported and apprehended. This also constitutes what the European
Institute for Gender equality (EIGE) did to improve the collection
and harmonization of the data on violence against women.
To
be abused or violated merely means to be strapped of all your
privileges. Gender based violence victims are left with grim and
critical choices to make. Amicably, organizations, agencies and human
rights activist have fought the battle of letting the world know that
gender based is real and it should be minimized. The only part left
is whether the gender-based violence culprits really face justice.
Addressing this question first will enable the world to adapt to the
new laws that eradicates gender-based violence and empower women and
girls. Definitely gender based violence culprits should be facing
justice.
On
the first case study that happened in Malawi about the case of
thirty-three girls who were suspected to be raped. The way this case
was handled, does it reflect that gender-based violence culprits
really face justice? AS matter of fact this case dishonors the
brevity and the courage of abused women that have to come open and
share their violations. The court of law needs to revise on how it
handles sexual abuse cases. This leads to the argument whether
gender-based violence culprits should actually be given bail. This
culprit was suspected of raping thirty -three girls, in other words
future thirty -three mothers. There was another culprit among the
case-studies that was on bail and continued to abuse his
twelve-year-old step daughter. Does giving sexual abuse culprits bail
supports or endorse gender-based violence? The justice system needs
to address who is supposed to be given bail when it comes to sexual
violence cases. The step daughter had to live in the same house again
with her abuser, was giving this culprit bail essential?
Women
themselves have united and they support each other to eradicate
gender-based violence. Women that thronged to Lilongwe court in the
battle cry against a suspected step father rapist showed the
determination the world needs to eradicate gender-based violence. In
this twentieth century, gender-based violence victims should be
encouraged to come open with their violations and they should be
supported through it all. This strong united front teaches
gender-based culprits something. When one woman is abused, it is like
fifty women have been abused. This was a strong message to gender
based culprits that this generation of women is going to fight them
to the end.
However,
it was a sad scenario that a fellow woman was subjected to social
media-based violence by another woman. Women should learn to protect
each other’s rights at all circumstances. There was a better
way this woman would have handled the nude pictures of her fellow
woman. It is another case when the other gender subject the female
gender to violence. This time it was about women trying to abuse each
other. Anger management projects should be communicated worldwide and
women need to exercise patience when dealing with their marital
issues. If women are constantly abusing each other, who is going to
fight for gender-based violence. Women needs to be role models
themselves in the fight against gender-based violence involving women
and girls.
Parents,
guardians, neighbors, societies and communities have roles to play in
eradicating gender-based violence. There was a case whereby the
Malawi human rights commission agency wanted the parents of a certain
defiled little to be penalized for negligence. The shameful act these
parents did was to chase their six-year-old little girl out at night
and this little girl ended up sleeping in the neighbor’s house
who repeatedly defiled her. This brings a question to parents, do
parents or guardians actually endorse child abuse and gender-based
violence? When the society is giving room to abusers, the more the
victims of sexual abuse and gender-based violence are going to
surface. Good parental-hood is the bone of eradicating child abuse
and some gender-based violence’s.
The
remaining part is for the social justice system to do its intended
duty. When the justice system is fair and just, victims are motivated
to start again their lives positively. Moreover, this also sends a
message of what will happen when someone commit acts of gender-based
violence. The court of law has to update its approaches towards
navigating gender-based violence cases. The biggest evidence of
gender-based violence is post trauma and anxiety. Just because it is
indefinite to measure traumatic experiences, it does not mean someone
was not raped. The first thing the court of law needs to look at is,
did the rape happen? or did the gender-based violence occur? Before
scrutinizing through medical reports and citizen identification
cards. Towards the inevitable future, some gender-based violence
culprits have escaped justice because there was not enough proof
relating to the circumstance.
The
government is the core of the fight against gender-based violence.
The government’s role is to support and endorse gender-based
violence agencies, organizations and activists. The role of the
government extends further to establishing the laws and order of a
country. If the government weakens it its approach of addressing
gender-based violence cases, the government will actually be
endorsing these kinds of acts of abuse. Eradicating some cultural
norms that leave traces of abuse starts with the government’s
plans. Eradicating child sex-trafficking starts with the government
imposing strict laws and maximizing bolder security routine checks.
It is time for the world to unite and address gender-based violence
as a crisis in our midst.
The
question still stands, do gender-based violence against women and
girls’ culprits really face justice? There are global reports
of people actually being sentenced to prison for violating basic
human rights of women and girls. Victims subjected to gender-based
violence should actually have hope that gender-based violence
culprits really face justice. The world has introduced new laws and
strategies to combat gender-based violence against women and girls.
Activist and organizations are not quitting either to provide
solutions to gender-based violence victims.
The
same question would definitely be answered differently to those that
never reported gender-based violence cases or those that lost their
battle in the court of law. women and girls that choose to remain
silent makes their culprits escape justice themselves .Of course
these women are not supposed to be judged .Some of these women
could have been subjected to threats which is also another crime
committed by the gender-based violence culprit .Some of these women
could be afraid of the societies judgmental perception .Like how
someone will feel obligated to report her blood brother for sexual
assault .Some women will still want to protect their intimate
partners from getting imprisoned despite their partners being
abusive towards them.
The
question is still there, when a woman or a girl child comes across
gender-based violence, should she expect that the culprit will face
justice? This question is for the social justice system to answer.
What happens in reality is that the court of law focusses on
available evidence. So, it is true when a victim of gender violence
doe not have enough evidence, she is going to lose her case. This is
how some gender-based violence culprits escape justice. The only fact
is that for a gender-based culprit to face justice it depends with
the evidence brought forward. If the evidence is tampered or lost,
gender-based violence culprits do not face justice.
The
battle of choice still exists in the mind’s women subjected to
gender-based violence. Should victims report their abusers even when
they don’t have evidence? The court of law seems to be falling
most victims of gender-based violence’s who have inadequate or
tampered evidences .This is the point where gender based violence
activists or organizations should come in .Even when a gender based
violence victim loses in court ,she needs to win in life by living a
positive happy life .Gender based violence activists have a major
role that just fighting for justice, their roles should extend
further to post-court rulings .They need to make sure that the
victims of gender-based violence are protected from post-abuse and
they have started to adapt and to impact positively to their
communities.
Justice
delayed is justice is denied. If Gender-based violence cases are
taking more than a year to be solved, it actually means that the
victim has already been denied justice the moment they reported their
case to the authorities. How many girls and women have been denied
justice by the court of law because the court took long to address
their case? Abused women need to be heard and their voice should be
louder even in the court room. Maybe the magistrate courts should be
wide-spread to minimize delaying justice to gender-based violence
victims.
Deprivation
of basic human rights is not the only post effect of gender-based
violence. Victims are subjected to a lot of negative post effects of
gender -based violence. Defilement cases that leads to sexually
transmitted diseases and alteration of the woman reproductive system
are the critical effects of gender-based violence. It begins with one
slap on the cheek to actually Mulder an intimate partner. Domestic
violence has left lots of scars than just bruises to the victims.
Physical violence is a near death experience and could actually leave
one with a disability. Social media-based violence leads to
defamation and ruining of one’s reputation. Culprits behind
these cases should actually be facing justice. When a gender-based
violence case is mentioned, it means that there a lot of dimensions
to be looked at than the individual human rights.
Gender-based
violence victims would also like to know if the rights of every girl
child and women will be protected everyday than just letting their
culprit face justice. Everyone is responsible to ensure that
gender-based violence is terminated. Lust should be controlled and
men need to find ways of handling their sexual stamina other than
raping little innocent girls. Men should also take part in supporting
the fight against gender-based violence. It is not just about
standing tall as a father when your daughter is raped, it is about
protecting a thousand daughters from rape. When men and women unite
towards this fight, the hope of eradicating gender -based violence is
high and more developmental funds will be saved.
Victims
of gender-based violence’s should also take the first step in
sensitizing the community and advocating for change. Mothers would
like to be sure that the world is safe again to raise a girl child. A
girl child is not a prey or a target. She actually has dreams and
hopes of accomplishing her life-time goals. It’s time to let
little girls grow and have a good childhood experience. Sex is
supposed to be a choice that adult woman should make and no any other
girl should be imperiled to sex trafficking. A relationship is not a
guarantee to subject an intimate partner to domestic violence.
Instead of beating their spouses, husbands should actually be
punching a bag of sand. Therapy and anger management resolutions
should be promoted to minimize domestic gender-based violence’s.
When gender-based violence victims come out, they actually ensure the
future girl child that the world will be safe again once gender-based
violence culprits are dealt with.
Gender-based
violence culprits face justice when they are apprehended and when
there is evidence supporting the claim. Gender-based violence
culprits face justice when the victims report their abusive moments
than choosing to hide them or to live with it. Gender-based violence
culprits run free when the justice system approaches gender-based
violence as a crime of passion. It is actually a bigger crime than
that. Women and girls are robbed of their individual rights and
subjected to psychological trauma for eternity. Gender based violence
is a crime and the culprits behind gender-based violence need to face
justice. Gender-based violence culprits should be treated like any
other dangerous criminal and their sentences should be maximum to
eradicate gender- based violence.
Inconclusion,
gender-based violence culprits should be facing justice and the
social justice system needs to ensure that justice is attainable all
the time. Gender -based violence’s needs to be reported so that
the individual rights of every citizen should be protected. The
stories rape victims and gender-based violence victims tell are
evident to the ongoing battle against gender-based violence. Abused
women and girls are tired of telling their stories, they want to
raise their flag higher and higher. Gender-based violence free world
is possible; the world needs to embrace that instead of embracing
gender-based violence as a challenge.