AGLDF Project Learnings

Equality Now is finalizing a report that compiles information from the eight cases AGLDF has taken up in seven countries. The point of the paper is to identify commonalities between the cases to shape our future action and advocacy. To review, the cases are:

Ethiopia - Rape, abduction and forced marriage – Since 2002, Equality Now has been involved in the case of W. N., who at the age of 13 was abducted twice, raped and forced to sign a marriage contract.Our goal is to ensure that there were laws against abduction, rape and forced marriage and that these laws were implemented to eradicate this harmful practice.

Zambia - Rape by teachers - Equality Now has been actively supporting a case involving the rape of a 13-year-old girl, R. M., by her teacher in 2006. Our goal is to ensure that the Zambian legal and educational systems properly handle cases of rape in educational institutions and particularly by teachers.

Kenya – Female genital mutilation (FGM) - Equality Now worked with our Kenyan partner Tasaru Ntomonok Initiative (TNI), on the case of S. N., a 12-year-old girl from the Maasai community who bled to death on August 18, 2008, after being subjected to female genital mutilation (FGM). Our goal is to ensure that the government takes FGM cases seriously and properly prosecutes the perpetrators so that deterrent effect of the FGM law is achieved.

Pakistan – Incest – In 2009, Equality Now with its partner War Against Rape (WAR), Lahore, took on the case of N, a 15-year-old Pakistani girl and the oldest of six children, who was raped by her father. Our goal is to set a legal precedent on incestual rape, address barriers to access to justice for survivors of sexual violence and ultimately reform the Pakistan Penal Code to add a provision on incest.

Yemen – Child Marriage - In 2010, with our partner Yemen Women Union (YWU), we took on the case of 11-year-old M who, in 2009, was taken out of school and married off by her father to a 40-year-old farmer. Our goal is to establish the right of child brides to get a divorce without having to pay compensation to their husbands and to ultimately establish a law banning child marriage in Yemen.

Brazil – Sex Tourism - In 2010, Equality Now helped facilitate a civil case in the US on behalf of a number of Brazilian girls who were sexually exploited by clients of a fishing tour company in Brazil run by a US citizen. Our goal is to establish a precedent under the civil remedy provision of the Trafficking Victims Protection Act (TVPA) to encourage other victims to bring such cases and to serve as a deterrent for perpetrators.

Kenya – Gang Rape - In 2010, Equality Now took on a case with the Federation of Women Lawyers, Kenya (FIDA-Kenya), involving the gang-rape of Z.A., a 17-year-old girl in Kisumu, Kenya. Our goal is to set a precedent on police responsibility to investigate, prosecute and punish perpetrators of sexual violence and protect girls.

Uganda – Rape of disabled girl – In 2010, with Legal Action for Persons with Disabilities (LAPD), we took on the case of a severely disabled girl who became pregnant as a result of the rape but could not identify her rapist and the Ugandan government refused to pay for DNA testing.  Our goal is to establish a precedent for government responsibility to take additional steps to investigate cases of sexual violence against disabled victims.

In helping the plaintiffs from around the world seek justice and navigate complex legal systems, we have learned the following: 

• Girls need knowledge of their rights before they can access them.
• Girls need a supportive environment where they can voice their concerns/violations of rights without fear of stigma or disbelief.
• Girls who are victims of sexual violence, in particular, need assurance that they will not be re-victimized through the legal system.
• Girls need assurance that access to justice will be swift so that they can continue with their lives.
• Girls need support services that are girl-centered and sensitive to their specific needs with a focus on empowering the victim and giving her agency and the ability to make her own decisions.

Case Progress

In January, AGLDF traveled to Pakistan to follow-up on the incest case as well as investigate a potential new case involving a girl kidnapped and raped by a group of policemen.  During this trip, ourcomprehensive report on incest, done in conjunction with local partners, was finalized and printed, and it is being distributed to relevant stakeholders and NGOs throughout Pakistan. Additionally, staff met with two high court judges to discuss prodecural updates that would help and protect victims as they take cases through the courts as well as to continue to call for a provision on incest in the penal code.

Brazil

AGLDF has facilitated a civil case under the TVPA in the U.S. on behalf of Brazilian girls who were sexually exploited by clients of a U.S. fishing tour company engaged in sex tourism. This company was run by a U.S. citizen who brought American tourists on fishing trips to the Amazon. The owner and his employees would lure  local girls--some as young as 13—onto his boats where the girls were forced to have sex with the tourists.

•  In June, AGLDF assisted the lawyers in filing the suit in Atlanta; the case was stayed in August at the request of the defendant until a related criminal investigation has been completed. The filing brought significant international media coverage that featured Equality Now/AGLDF, including an article in the New York Times.
• Due to the media exposure, the Minister of Women’s Policies in Brazil stated that she would investigate sex tourism in the region of Amazonas and look into forming a committee to address the issue, and the Brazilian Federal Police stated that they were now investigating 20 customers and potential ‘johns’ who went on the defendant’s fishing tours to Brazil.
• Additionally, Equality Now has found out that Brazilian Senate is conducting its own inquiry into this particular case, and they have held hearings during which the Brazilian co-owner of the travel agency testified and the Federal Police confirmed the sale of the tour packages.

Uganda

AGLDF continues to work on the case in Uganda of N.S., a severely disabled girl, who was raped by a family member in 2007 when she was 13. Our goal in this case is to establish a precedent for government responsibility to take additional steps to investigate and prosecute cases of sexual violence against disabled victims.

Since the last update, AGLDF and our partner Legal Action for Persons with Disabilities (LAPD) Uganda has pushed for DNA testing of the father and brothers and for the prosecution of the perpetrator. We successfully raised funds for the testing, and after sustained advocacy with Ugandan authorities the case was reopened. The suspects were apprehended on 24 August 2011, and DNA samples taken. Additionally, the police took DNA samples from N.S. and her baby and these have been taken to the government chemist for review. We are still awaiting the results.

Verdict in Pakistan Case

On July 22, 2011 a guilty verdict was rendered in the AGLDF incest case in Pakistan, and the perpetrator was arrested and awarded the death penalty. (As a human rights organization, Equality Now is not in support of death as a punishment.)

During the last days of the trial it appeared that the case was not proceeding in the victim’s favor as the prosecution's commitment was questionable. First, the medical examiner, testifying for the prosecution, stated that because there were no marks of violence on the victim's body at the time of examination, it could not be concluded that she had been raped. N's lawyer, with AGLDF’s support, had to rush to counter this argument with various scholarly research and legal opinions showing that marks of violence are not necessary in a rape.

In addition, the prosecutor made numerous statements during the hearing that were more supportive of the defense than the victim, and her lawyer had to intervene to salvage the situation. Thus, we were uncertain about securing a favorable verdict.

AGLDF greatly appreciates the tireless efforts made by N and her family, our partner War Against Rape and N's lawyer. Currently, the perpetrator has sent a notice of appeal to the High Court, and N’s lawyer will be pushing for child support and the father’s property to be awarded to his wife and children.

 Brazil Sex Tourism Case Filed in U.S.

On June 14th, 2011 attorneys from King & Spalding, with AGLDF’s support, filed a civil complaint in Atlanta, GA against the owner of a sex tour company on behalf of four Brazilian women who were exploited as minors on these tours. Since that time, the defendant filed a motion to stay the civil case on the basis that there are two pending criminal cases/investigations (one in the US, one in Brazil) against him regarding the same conduct. The case has received prominent national and international coverage, including in Brazil, key to raising awareness about the issue.

 The US civil complaint was filed with pseudonyms for the plaintiffs; thus while the news articles and broadcasts are drawing attention to the issue, they thankfully are not drawing unwanted attention to the plaintiffs in the case.

Links:

• Article in New York Times

Update on AGLDF--April 29, 2011

Child Marriage in Yemen

AGLDF took on the case of a girl, M, who at age nine was taken out of school and married by her father to a 30-year-old man. After a year of marriage, during which time she was violently beaten by her husband, she escaped from her abusive husband and ran home to her mother’s house. She threatened to kill herself if her family sent her back to her husband.

We are supporting the case with the hope that M’s lawyer will be able to persuade the court to grant her a divorce without having to pay back the dowry. However, there was a setback when, during an attempt by her husband to forcibly take M back, her uncle promised him that he would return it. As a result, the husband showed up at the last court hearing and told the judge that he had a promise on repayment of the dowry.  The judge ruled that he would issue M a divorce once she has paid back her husband. We are currently strategizing with our partner Yemen Women’s Union and M’s lawyer on addressing this situation and perhaps challenging the husband’s demands based on intimidation of the uncle.

Meanwhile, M is enrolled in school, and her family has been moved to a safer location. We have heard from her school principal that she is doing very well in her studies.

Incest in Pakistan

N finally testified in court in January and was brave and confident as she told her story. While in the same courtroom as her father, she was separated by a screen and now is no longer required to attend additional court hearings. At the last hearing, when her mother was supposed to testify, the father’s lawyer informed the judge that the father had gone to perform pilgrimage in Mecca. He presented approval forms from his bail officer that N’s lawyer discovered had been forged. N’s lawyer has filed an application for the cancellation of his bail.

N has recently finished her grade 10 exams and is seeing a psychologist (arranged for by AGLDF) who is helping her cope with anxiety and stress during the trial.

Teacher Rape in Zambia

R.M.’s compensation has finally come through from the government, but there has been no progress in arresting the teacher. So far, the coalition of groups that AGLDF supports has trained 30 paralegals, 26 lawyers, 40 health service providers, 25 journalists and 100 mentors for girls on addressing violence against schoolgirls. The project has also produced and aired public service announcements, over 10 radio shows and produced a play to educate communities. Currently, there are 569 girls participating in safe spaces clubs where they are empowered and educated on their rights, and 498 boys are members of clubs that teach them about respecting and defending the rights of girls.

Gang Rape in Kenya

Through the Federation of Women Lawyers, Kenya (FIDA-Kenya), AGLDF identified the case of Z.A., a 17-year-old girl in Kenya who was brutally raped twice. The first time was by her father, and as a result, she became H.I.V positive and pregnant. She reported the rape, but the police took no action. Later, after receiving threats from her father’s relatives, Z.A was gang raped by a group of men who also inserted needles into her abdomen. Again, the police took no action. We have taken on this case to highlight police responsibility in responding to cases of sexual violence against girls.

 Due to her H.I.V positive status, Z.A requires a great deal of medical attention and has been taken to the hospital on numerous occasions. She is now in a safe house in Kenya, and we and our partner FIDA-Kenya are strategizing on ways to put pressure on the police to investigate this case as well as looking into the possibility of bringing a civil action against the police for failure to act.

Incest involving a severely disabled girl in Uganda

AGLDF is investigating a case involving a severely disabled Ugandan girl (deaf, mute, blind and mentally handicapped) who has a child possibly as a result of incest.  She is now living in a home for the disabled and is denied access to justice since she can’t identify her rapist due to her disabilities, and the government will not pay for DNA tests for her baby, her father or her brothers. Her baby also was taken away from her.  We are working with our local partner to put pressure on the police to reopen the investigation, bring in the suspects and carry out DNA testing to identify the rapist. The funding for the DNA testing has been provided by a generous donor. This case will highlight issues of vulnerability of disabled girls to violence and establish an important precedent.

Potential New Cases

We are exploring a case in India of girls in inter-generational prostitution and the state’s failure to protect them, and a case in Zambia involving a girl who was forced into severe forms of pornography.

Equality Now
Quarterly Update: Adolescent Girls Legal Defense Fund
January 2011

A Workshop in Pakistan
On December 13 and 14, 2010, Equality Now and War Against Rape (WAR) convened a two-day workshop titled, “Sexual Violence: Obstacles to Justice and a Search for Solutions” in Lahore, Pakistan. The meeting, held at Punjab University Law College in Lahore, brought together over 40 activists, lawyers and service providers from across Pakistan, who deliberated on prevention, access to justice and service delivery for survivors of sexual violence and incest.

Discussions took place in three panel presentations on the first day and in working groups on the second day. At the end of the workshop, participants adopted a series of recommendations to enhance prevention, strengthening of laws and provision of services. Equality Now is currently preparing a final report on the workshop that we will share when it is finalized.

Zambia – Teacher Rape
On November 1 – 2, 2010, Equality Now, in collaboration with the Women and Law in Southern Africa (WLSA), organized a lawyers’ training on national, regional and international law on sexual violence against adolescent girls. The training was undertaken within the UN Trust Fund project and involved 23 lawyers from Lusaka who were trained on application of international law in domestic courts and in the use of the African Union Protocol on the Rights of Women in Africa in national and regional courts. Attendees also discussed harmful cultural practices that affect women and girls and strategized on possible law-reform initiatives and the use of public-interest litigation to challenge laws, including those enabling customary practices that are harmful to adolescent girls in Zambia. Equality Now and WLSA will follow up with the lawyers to encourage them to take up cases of adolescent girls and identify issues for legal reform.

Possible new AGLDF cases – Bangladesh
We had agreed to assist in the rape case of a girl who is a member of a religious minority in Bangladesh on the condition that the partner organization involved, Bangladesh Institute for Human Rights (BIHR), could either identify a pro bono lawyer or that Equality Now would be able to use our contacts to find someone willing to take on the case, which could potentially result in years of litigation. Barrister Sara Hossain has agreed to take on the case once she has assessed it, and we have passed on Ms. Hossain’s contact information to BIHR.

Pakistan – incest (AGLDF) The trial date in N’s case has now been postponed to September 2, 2010. We have commenced work on our report on rape and incest in Pakistan and are currently working on compiling a list of good practices on procedural and substantive laws on rape/incest from around the world. We are coordinating with our partner organization War Against Rape to assemble a list of attending Pakistani organizations for the workshop on incest we plan to hold in December.

Zambia – teacher rape Equality Now is currently compiling model school guidelines on sexual harassment and grievance procedures to submit to the Zambian Ministry of Education to help them formulate guidelines to address violence against schoolgirls.

Possible new cases Brazil Sex tourism Equality Now is investigating a sex tourism case involving a US citizen who has been accused of bringing onto his fishing tours in Brazil young girls who were then sexually exploited by his clients. We have written statements from five of the victims and are exploring the possibility of bringing a lawsuit in the United States on behalf of them. Through this civil litigation against a sex tourism company, we hope to obtain restitution for the girls as well as set a legal precedent on civil remedies available to such victims, which we hope will serve as a deterrent to sex tourists.

Case Updates

Incest in Pakistan: N was the victim of brutal incest by her father, and with the support of her mother and her mother’s family, insisted on pursuing her case, even as the police tried to discourage her from making a statement. Currently, N is reunited and living with her mother and all of her siblings and has just finished her 9th grade board exams.

The case is now in trial and a number of hearings have taken place. Unfortunately, the previous Superintendent Police (SP), who was sympathetic to N’s case, was reassigned, and a new SP was appointed. Luckily, before leaving, the SP declared the perpetrator guilty in his final police report, and N’s lawyer is working towards getting this report admitted as evidence into the trial.

N’s aunt and uncle from her father‘s side and her teacher have also changed their testimony, which has hampered the trial. N’s lawyer predicts that this will be a long and slow trial, and Equality Now plans to visit Pakistan to continue to assist in the case, including by monitoring court proceedings.

FGM in Kenya: AGLDF was monitoring a case of a 10-year-old Maasai girl who bled to death after being subjected to FGM in Kenya. Her father and the circumciser were arrested but subsequently absconded. AGLDF and our local partner Tasaru Ntomonok Initiative (TNI) put pressure on the police to find the perpetrators, and they were finally arrested in February 2010. Both pled guilty to manslaughter, and on April 1, 2010 each was sentenced to ten years in prison. This case was important in demonstrating to the Maasai community that the Kenyan law enforcement system is serious about the implementation of the anti-FGM law. In addition, it helped raise awareness of the potentially deadly consequences of the practice.

During our intervention with the Kenyan police in this case, we realized that police officers responsible for implementing the anti-FGM law have limited knowledge of the law as well as of the harmful consequences of FGM. As a result, while the legal case has ended, Equality Now and its Kenyan partner TNI continue to follow up with the police in order to encourage them to hold training session on these matters.

Abduction and rape to force marriage in Ethiopia: Since friendly negotiations with the Ethiopian government have failed to produce a reasonable settlement for Woineshet, Equality Now is requesting that the African Commission declare the case admissible.

Updates on Ethiopia and Zambia cases: Excellent news is that the government of Zambia decided to not pursue an appeal in R.M.'s case, rendering the judgment final and possible to site as precedent. To support R.M.’s case and to respond more strategically and collectively, AGLDF convened a coalition of Zambian organizations that were already working on issues relating to violations of the rights of girls. Recently, Equality Now secured a three-year grant from the UN Trust Fund to End Violence Against Women to scale up the activities of the coalition. Additionally, Zambian officials acknowledged the outpouring from our Women’s Action Network, and the Ministry of Education asked for our help in drafting guidelines to protect schoolgirls from sexual violence.

In Ethiopia, our staff continues to work to negotiate a friendly settlement on Woineshet's behalf.

Other current cases: Incest in Pakistan: AGLDF is pursuing a case where a 15-year-old girl (N) was raped by her father. In Pakistan, there is no specific law on incest in the penal code, and given the conservative nature of society, issues such as rape and incest are surrounded by stigma and very difficult to address.

Working with a local partner, we found a pro-bono lawyer who was successful in persuading the police to not dismiss the case and getting the prosecutor, who was bribed by the father, suspended. We hope to set a precedent and work towards including a provision on incest in Pakistan’s penal code, making it a higher offense than rape. To facilitate this case, AGLDF will continue to strategize with N’s lawyer, consult with and support local groups, and monitor N’s situation.

FGM in Kenya: AGLDF is monitoring a case seeking justice for a 10-year-old Maasai girl, who bled to death after being subjected to FGM in Kenya. Her father and the circumciser were arrested and are facing manslaughter charges. AGLDF retained a lawyer to help the prosecution bring a successful case (public prosecutors in Kenya are often not lawyers themselves), but the case has stagnated because the police have not tracked down the defendants so that they appear in court. AGLDF is working with our local partner to put pressure on the police to investigate so that the case can move forward.

Potential New Cases Peacekeeper abuses: There are numerous incidents involving the sexual abuse of young girls by UN peacekeepers and aid workers. AGLDF is working with a lawyer on possibly bringing a class action suit in US courts on behalf of the victims against the perpetrators and the senior UN officials (past and present) who have not acted sufficiently.

Acid attacks, Pakistan/ Bangladesh: Acid attacks on girls are commonly used as a form of revenge for refusal of sexual advances, proposals of marriage and demands for dowry. AGLDF is studying the issue and is in talks with local groups to strategize on legal reform and identify roadblocks in survivor’s access to justice.

Sex tourism: Sex tourism originating from the United States is a major human rights issue facing adolescent girls in several countries as well as a contributing factor to sex trafficking. Building on Equality Now’s long history of working to shut down U.S.-based sex tour operators, we are exploring initiating a civil lawsuit on behalf of the young girls who are abused by convicted sex tourists.

Rape by pastor, Kenya: A pastor raped three young girls in his congregation, but instead of charging him with “defilement” (statutory rape), the prosecutor charged him with “indecent exposure,” which has a minimal sentence. This case shows problems with the implementation of the law, especially when the perpetrator is influential. Thus, our local partner is working to have the charges amended, but if they are not successful, AGLDF will take this case to demonstrate the impediments to protecting girls’ rights in the system of justice.

Leah Ambwaya is a professional evaluator working with Excelsior who is visiting and assessing a number of GlobalGiving projects in Kenya. On June 4th she visited Adolescent Girls' Legal Defense Fund. When asked what she would tell her friends about this project, Leah said: "Incredible: You need to see this!”

On the 4th of June 2009 we visited Equality Now offices in the upper market parts of Nairobi.

As we enter the office we are received by Mary, who exclaims, “you look familiar! Did I meet you in some office that deals with children?”

I quickly realize that when you are a rights activist you can not hide. So I admit. I am no longer working in the same office, but I am still working with children on issues of realizing their rights.

Apparently our host could hear the conversation form the next office. She comes out and introduces herself as Faiza Mohamed. She ushers our team into her office. She is soft spoken but portrays an “ON YOUR MARKS” stature, ready to respond, ready to move. I could only conclude that the issues that she deals with in her cause of duty demand a soldiers’ heart - ready all the time.

This office is striking in a special way, in that there are wall size hangings with messages on women and girls rights. I notice on the wall a message "stop FGM."

Faiza is so passionate about her work, she shares her experience right from inception of the organization and the journey that she has walked in advocating for the rights of women and girls in Africa. Faiza is so proud of her work that she does not dwell on the challenges that she has faced but rather how she has handled them. Words like communities, engagement, pushing, empowering dominate her speech - an indication that she appreciates partnerships. The cases of children in Kenya, Ethiopia, and Somalia where landmark court rulings have been made in favor of girls criss-cross her lips behind a smile of “yes we did it again!” She is truly a marathon runner who has won several gold medals in the Olympics. She says, "Court rulings are not final. We must fight for compensation for these girls, so I have gone back to court for the girl in Ethiopia to be compensated and even given a job. We can’t stop at conviction alone.” This lady is in control of her work, she gives us a VCD to watch. “This is a documentary about all the work that we have done with GG related funds.” She give s us examples of work the organization has done in Uganda. After putting pressure on the government, a law was passed to recognize a woman as a co-owner of the family property. She says that best practices have been recorded in Marakwet, Kenya, where girls took their parents to court. Elsewhere in Narok, the body of a girl was exhumed and the parent charged with murder. In order not to destroy the community cultural fabric, community reconciliation meetings have been held in Narok. She cites the case of Tasaru, a girls' safe house in Narok which is something that can be replicated in other areas where FGM is being practiced. However she laments that although some Governments have been pressured and good laws have been passed, laws enforced in most countries have not changed the mind set, and so they are trying to focus more training for the police and paralegals.

Coalitions have been formed in program areas like Tanzania, and Uganda. In Eritrea, more focus has been put on the youth as the drivers for change. These young people have formed anti-FGM clubs in school. In Zambia, a girl who had been raped sued both the government and the teacher who had raped her. A landmark ruling again was made by the courts in favor of the girl and an award of 14,000 USD equivalents was given to the girl. In the ruling, the ministry of education was ordered to put systems for the protection of girls in schools. This case brought out the responsibility of the state very clearly in Zambia.

Mary spoke of the first case of a girl taken to the African commission in Ethiopia, but she cautions that she can not discuss the case, since it is pending before the African commission.

We inquire on the level of community partnerships, and she is upbeat about it. “For substance in our work, communities must be engaged at all levels. Formations of coalitions in most of the countries have borne a lot of positive fruit. Professionals have given their services pro-bono.” This woman believes in the strength of numbers to be able to achieve results.

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After, we talk to Mary Ciuru who is the administration and Liaison officer about her role in achieving the goals of the organization. She upbeat about it, saying, “I have to understand programmes in order to link them with the funds. When my colleagues come back from the field, I must be able to understand the dynamics of community needs and link them to funds and also just to be sure that funds are being put to good use. I must understand why sometimes I have to process a travel arrangement on short notice; all these dynamics dictate that I must understand the work of programs to some level."

As I leave that office, I conclude one thing, this organization has a team of strong willed women, who will stop at nothing in the realization of women and girls rights, and they are a formidable team, they are achievers.

• Equality_Now_Evaluation_Report_Part_1.pdf (PDF)
  
• Equality_Now_Evaluation_Report_Part_2.pdf (PDF)
  

Mike Acton and Christine Illanes are students who traveled throughout Africa and visited a number of GlobalGiving projects. On March 19th they visited "Adolescent Girls' Legal Defense Fund." When asked what they would tell their friends about this project, Michael said “It's a good project," while Christine said "Incredible: You need to see this!"

Mike writes:

We met with Carolina at the Equality Now Kenya office to discuss the organization and a couple of their projects in the field. The office was relaxed but full of activity. While Equality Now in Kenya understands the importance of project updates and the need to share the stories of the work they are doing in the field, the fact is that Equality Now Kenya is a branch of International Equality Now organization and much of the interaction between Equality Now and Global Giving occurs from the New York Headquarters.

Nevertheless, Equality Now Kenya is working on several projects including finding funding to assist disadvantaged women fight forced marriage, abduction, rape and mutilation. Due to the nature and location of their project as well as our compressed schedule, it was not possible to visit beneficiaries.

Christine writes:

Equality Now is an organization that funnels funding to grassroots, community groups that others would be unable to get donations. I spoke with Caroline Murithi, a program officer with Equality Now, who told me that her concern for women started young when she noticed that tragedy always seemed to follow girls and that when bad things happened to women it was always the women’s fault according to society.

She wanted to work for an organization that helped women's groups reach their potential. She views the largest challenges to be cultural and religious resistance, as well as a lack of general political will, against women’s rights and equality in Kenya.

Zambia In July 2008, the Attorney General of Zambia filed a notice of appeal in R.M.’s case, but no brief on the grounds for appeal has been filed. The AGLDF continues to monitor this situation and will provide legal support should the government appeal move forward.

In 2008, the AGLDF’s Zambian consultant convened a coalition of Zambian organizations (the “Coalition”) working to address human rights abuses against girls and respond strategically to R.M.’s case. This experience illustrated to Coalition members the need for effective solutions to prevent other cases like R.M.’s, educate the public, provide girls with services, and empower them to claim their rights. Accordingly, the Coalition members pledged to strengthen and coordinate their efforts and created a work plan that they are in the process of implementing. Additional progress made includes the Ministry of Education asking Equality Now/AGLDF and Coalition members to help in drafting guidelines to prevent violence against girls in school.

Ethiopia Our second case addresses the practice of abduction and rape to coerce marriage in Ethiopia. Typically, a girl is abducted by a group of young men and raped by the man who wants to marry her, who may be someone she knows or a total stranger, which is what happened to Woineshet Zebene Negash at age 13. Luckily, her father supported her through the ordeal, and she was not forced to stay with her abductor; but in many cases, the family consents to a marriage because a girl who has lost her virginity is socially unacceptable to another man.

In 2003, Woineshet’s rapist was convicted and sentenced to ten years imprisonment and his accomplices sentenced to eight years for abduction, but all were subsequently released on appeal. Woineshet further appealed to no avail and the file was closed by the Cassation Bench of the Oromia Supreme Court in December 2005. Advocacy efforts by the Ethiopian Women Lawyers Association (EWLA), supported by an international Equality Now campaign begun in 2002, led to Ethiopia abolishing the law in 2005 that provided for exemption from punishment in cases of abduction and rape if the rapist subsequently married his victim.

The AGLDF and EWLA, continue to aid Woineshet in her pursuit of justice. In 2007, we filed a complaint with the African Commission on behalf of Woineshet arguing that the Ethiopian government’s failure to punish Woineshet’s rapist is a violation of its obligations under the African Charter. Currently, at the request of the Ethiopian government, we are negotiating an amicable settlement on Woineshet’s behalf with the Ethiopian government.

FGM in Kenya Finally, the AGLDF is monitoring the case of a young Maasai girl who bled to death after being subjected to FGM in Kenya. The circumciser and the girl’s father were arrested and are facing manslaughter charges. This may be one of the first prosecutions of a circumciser and a parent in the Maasai community. The AGLDF retained a lawyer to help the prosecution bring a successful case (public prosecutors in Kenya are often not lawyers themselves), and we will follow the case until a judgement is rendered. It will become an AGLDF case if there is an acquittal of the parent and the circumciser because the girl indisputably died as a result of undergoing FGM, and an acquittal would show that the FGM law is not being properly implemented and enforced and the case would continue to appeal.

Potential New Cases Equality Now is actively looking into violations of girls’ rights and potential cases for the AGLDF in the following countries: • FGM in Mali • Intimidation and violence in Swat, Pakistan and denial of right to education • Incest in Yemen and incest in Pakistan

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.