WUNRN
EQUALITY
NOW
7 July 2008
ZAMBIAN COURT REACHES
LANDMARK DECISION IN TEACHER RAPE CASE
GIRL PREVAILS IN SUIT AGAINST TEACHER WINNING K45 MILLION ($14,000)
JUDGE ALSO CALLS FOR ACTION BY MINISTRY OF EDUCATION AND REFERS CASE TO PUBLIC PROSECUTOR
On 30 June 2008, the High Court of Zambia reached a groundbreaking decision in favor of a girl known as R.M. who was raped by her teacher at age 13. International human rights organization Equality Now has been actively involved in advocacy on behalf of R.M. The organization commends Judge Phillip Musonda for his landmark decision, which will have far-reaching implications in ensuring protection for girls from teacher rape and justice for girls who are raped by their teachers, a phenomenon not uncommon in Zambia and other countries.
In February 2006, R.M., aged 13, had requested her school papers from her teacher Edward Hakasenke. Hakasenke did not bring the papers to school despite reminders on three separate occasions, then inviting R.M. to collect the papers in his home where he raped her. R.M. was afraid to talk about the incident with anyone at first. She later developed a sexually transmitted infection as a result of the rape and needed help. She confided in two teachers who informed her aunt, who then brought the matter to the attention of the Headmaster. Hakasenke told the Headmaster that R.M. was his “girlfriend.” He later went into hiding and was subsequently detained by the police but only briefly and has not been charged with a criminal offense. At the meeting, the Headmaster told Hakasenke that he had been warned before, referring to a prior relationship with another girl in the school.
In March 2006, through her guardian (aunt), Petronella Mwamba and
represented by pro bono counsel Kelvin Bwalya, R.M. filed a historic
civil suit in Zambia. She called for accountability not just from the rapist
but also from her school and from the Ministry of Education. R.M. claimed
damages from Hakasenke for personal injury and emotional distress. She also
demanded that the school be held accountable for negligence noting that the
Headmaster knew that Hakasenke had a history of sexually abusing his students
in the school yet had not taken steps to prevent further incidents and
effectively protect the girls. R.M. had wanted her case to set a legal
precedent so that girls in Zambia will have protection and girls raped by their
teachers will have meaningful recourse. To this end her lawsuit called on the
Ministry of Education to issue preventive guidelines.
On 30 June 2008, Judge Philip Musonda of the High Court in Lusaka issued his
decision awarding R.M. damages worth K45,000,000. Calling the failure of the
police to prosecute Hakasenke “a dereliction of duty,” the judge also referred
the case to the Director of Public Prosecutions for a possible criminal
prosecution. He further urged the Ministry of Education to set “regulations,
which may stem such acts.” Expanding on the national significance of this case
Faiza Jama Mohamed, Equality Now’s Africa Regional Director explained,
“Although student rape by teachers is common not only in Zambia but regionally,
it is still not acknowledged as an issue of wide public concern. We hope this remarkable
decision will raise much needed awareness and generate action. We urge the
Director of Public Prosecutions to advance a criminal case against Hakasenke.
These steps would prove that the Zambian government will no longer tolerate the
rape of students by their teachers.” Another noteworthy element in this
decision is that it cites and incorporates the standards set in the African
Union’s Protocol on the Rights of Women in Africa, which Zambia ratified on 2
May 2006.
Equality Now is an international human rights organization that works to protect and promote the civil, political, economic and social rights of girls and women. In 2007 Equality Now launched the Adolescent Girls’ Legal Defense Fund (AGLDF) in order to address the unique human rights abuses that adolescent girls in Africa face. The Fund supports and publicizes strategically selected legal cases (including R.M.’s) that represent critical efforts to keep girls safe at home, safe in the school and safe in the community. For more information please visit www.equalitynow.org.
Nairobi: Mary Ciugu: +254 20-2719-832
New York: Lakshmi Anantnarayan: +1 212-586-0906
Email: lanant@equalitynow.org