WUNRN
KENYA - GIRLS' ADVOCACY VICTORY -
LANDMARK COURT RULING THAT POLICE MUST INVESTIGATE RAPE & PROSECUTE
GEOFFREY YORK - The
Globe and Mail
May. 29 2013 -When hundreds of Kenyan girls went to the police in the town of Meru over the past several years to report that they had been raped, the officers responded with irritation. They yelled at the girls, showed disbelief, blamed the victims, humiliated them, demanded money and refused to take action.
But then the girls took an extraordinary stand: With the help of local activists and a Canadian-based human-rights organization, they went to court to force the police to investigate and prosecute the rape cases.
And
this week, in a landmark decision, the girls won a stunning victory. The High
Court of Kenya ordered the police to enforce the rape laws and take action
against the perpetrators.
By failing to act on the rape cases, the police had created a “climate of impunity,” the court said in its ruling, seven months after the court challenge began.
Because of this impunity, “the perpetrators know they can commit crimes against innocent children without fear of being apprehended and prosecuted,” the court said.
This makes the police “directly responsible” for the physical and psychological damage suffered by the rape victims, the court ruled.
If the police now fail to obey the court judgment, they could face prison sentences or fines for contempt of court.
The ruling could have a major effect across Africa, where the same legal weapons could be used to ensure that rapists are prosecuted. The Canadian rights group is supporting a similar case in Malawi and it plans to proceed with a third case in Ghana. It has also received requests for legal help to launch similar cases in several other African countries, including Uganda and Tanzania.
The case in Kenya was launched on behalf of about 240 girls below the age of 18, some as young as 3, who have been given medical care and shelter at a rescue centre in Meru after they were raped by fathers, grandfathers, neighbours and others.
A local activist, Mercy Chidi, who runs the Meru rescue shelter, launched the court case last October with a representative group of 11 of the girls. Legal resources for the case were co-ordinated by The Equality Effect, a Toronto-based organization.
The group’s executive director, Fiona Sampson, said the court decision was a victory for girls around the world. “The court’s ruling recognizes that the failure to provide girls with access to justice is a violation of their human rights and cannot be tolerated,” she said in a statement.
Ms. Chidi, who has faced death threats and rape threats as a result of her work for rape victims, said the court ruling will force the police to “do their job” for the victims. “This glorious victory holds the police accountable,” she said.
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Toronto Star - Canada http://www.thestar.com/news/insight/2013/06/13/chance_meeting_led_to_justice_for_rape_victims_porter.html
WOMAN TO WOMAN ADVOCACY CAN ACHIEVE MIRACLES
CHANCE MEETING IN CANADA LED TO JUSTICE FOR RAPE VICTIMS IN KENYA
A Kenyan social
worker met a
Catherine Porter /
Fiona Sampson, left, and Mercy Chidi celebrate their
partnered successful mission to challenge Kenyan police for not protecting the
rights of girls who'd been raped.
By Catherine Porter - Columnist, June 13, 2013
A breakthrough in Kenyan history began in a
One, Fiona Sampson, is a
The other, Mercy Chidi, is a Kenyan social worker, who
was here for a summer human rights course.
That night they decided to take the Kenyan police to court over the
rape of little girls.
Chidi runs an NGO fighting for the rights of women and children
in Meru, four hours northeast of
In
Chidi opened a shelter for young rape victims.
She’d often accompany them to the police station to
bolster their courage and file their report. There, the police would routinely
demand bribes, she told Sampson. They’d make sport of the girls’ story, calling
colleagues over to listen. They wouldn’t visit the crime scene or question the
attacker.
The rare case that made it to court inevitably failed,
because police hadn’t collected any evidence.
“I was so frustrated,” Chidi explains. “I knew the best
place for these girls was back in their community, but the perpetrator was
always still there.”
Sampson is the last thalidomide child in
She agreed to take Chidi’s girls as her organization’s
first case.
“It was a little bit like love at first sight,” she says
of that meeting. “We are kindred spirits.”
Together with a hefty team of volunteer lawyers, they
built their case over the next two years. Each rape victim arriving to Chidi’s
shelter was not only treated and tended to, but also documented. The social
workers took detailed notes of the neglect and humiliation they’d received at
police stations.
Their case got stronger.
“Social workers and lawyers are very different,” Chidi
says. “What is a good case for a lawyer is heartbreaking for me as a social
worker.”
By last fall, they had amassed more than 200 cases. They
chose a representative 11 and decided to file their suit on the International
Day of the Girl Child, Oct. 11. A parade of women and children led them to the
courthouse. At the front of the parade were the rape victims themselves, little
girls like Esther, age 12, who’d been raped and impregnated by a police
officer.
The girls sang freedom songs and danced. As they
approached the courthouse, Esther started to chant “Haki yangu.” I demand my
rights. Everyone else followed suit.
The police hastily shut the courthouse gates in their
faces.
“The girls were shocked and then they started to laugh.
They knew what power felt like,” Sampson says. “They realized the police were
afraid of them.”
Last month, the court made its ruling. It agreed with
Chidi and Sampson.
“By failing to enforce existing defilement laws,” the
judgment states, “the police have contributed to the development of a culture
of tolerance for pervasive sexual violence against girl children and impunity.”
It ordered the cases of the 11 girls be reopened and
police get training at college on sexual attacks.
Can you imagine the dancing that happened in the Meru
shelter that night?
Now, when a police officer neglects to investigate a rape
claim, Chidi plans to sue him for contempt of court.
“Now, the real work begins,” she says.
As for Sampson, she plans to launch a similar case in
“This sets the high-water mark for girls’ rights around
the world,” Sampson says.
This story shows what is possible with bravery and
perseverance. It confirms that a chance meeting in Toronto,
Canada, can change the world. But mostly, it reveals how small the
world has become and the power we women have, when we work together.
“When you hold one stick, it’s very easy to break,” says
Chidi. “Put four or five sticks together, they are almost impossible to break.
There is strength and solidarity in numbers.”