From research@genderlinks.org.za Mon Nov 25 07:34:56 2002 From: research@genderlinks.org.za (research) Date: Mon, 25 Nov 2002 09:34:56 +0200 Subject: [Egemtraining] Discussion topic for this week Message-ID: <003201c29455$27d7f2b0$0e00a8c0@ALICEK> This is a multi-part message in MIME format. ------=_NextPart_000_002F_01C29465.EA476370 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable Dear All I do trust you had a restful weekend and you are peacefully observing = the 16 Days of Peace!! This week's topic focuses on one of the most = ignored violations of women's rights...marital rape!! It is imperative = that we begin to grapple with it as we reflect on and challenge cultural = practices that discriminate women.=20 Marital Rape? Some countries are still not convinced and plead culture=20 =20 There are mixed reactions to the idea of laws against marital rape in = some countries in southern Africa. Although some countries have already = enacted laws to protect people against marital rape, some are still not = convinced that it is an offence that warrants legal provisions. This is = generally so because most countries in the region regard marriage, = especially payment of lobola, as granting men the right to demand sex as = and when they wish. Culturally, once married a husband has conjugal = rights over his wife. Sex, whether forced or consented, is regarded the = husband's right. =20 Research shows that women in marital relationships are more vulnerable = to HIV/AIDS due to their limited power to negotiate safe sex. But some = countries still think this does not warrant a law on marital rape.=20 =20 However, while in the past the general belief was that sex workers are = the most vulnerable to HIV/AIDS infection, trends in the region seem to = indicate that it is women in marital relationships that are more = vulnerable to infection and this is even more so where they are in = abusive relationships and partners do not respect their rights. =20 Other cultural and customary practices such as polygamy add to the = vulnerability of women. While polygamy exposes all parties involved to = HIV/AIDS infection, the risk tends to be higher where there is gender = violence and the involved partners refuse to get tested. Women in such = relationships may end up risking their lives for fear of losing the = husband or losing his favour.=20 =20 The other challenge for the region is that rape, whether in marriage or = outside put women at higher risk of contracting the HIV virus. While = some countries have tried to make anti-retroviral drugs easily available = to survivors of rape, others have lagged behind for both economic and = political reasons. And even in those countries where the drugs have been = available, do women know about them and are they well informed to demand = their right to them? Should these drugs be a right or a privilege? =20 =20 Questions: =20 1) How should we deal with culture, especially in most Southern = African countries, that give automatic conjugal rights to men, even = where women are at risk of contracting the HIV/AIDS virus? Are our = governments taking the issue seriously? 2) Should governments be obliged to treat access to anti-retroviral = drugs as a right for survivors of rape? How accessible are these drugs = and do people have enough information and knowledge about them.=20 =20 Alice Kwaramba Senior Researcher Gender Links 1 Ernest Oppenheimer Street Lower Ground Floor Lakeside Place Bruma, 2198 Johannesburg South Africa Tel: +27 11 622 2877/7796 Fax: +27 11 622 4732 Email: alice@genderlinks.org.za research@genderlinks.org.za URL: www.genderlinks.org.za ------=_NextPart_000_002F_01C29465.EA476370 Content-Type: text/html; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable
Dear All
 
I do trust you had a restful = weekend and you=20 are peacefully observing the 16 Days of Peace!! This week's topic = focuses on one=20 of the most ignored violations of women's rights...marital rape!! It is=20 imperative that we begin to grapple with it as we reflect on and = challenge=20 cultural practices that discriminate women.
 
 

Marital=20 Rape? Some countries are still not convinced and plead culture =

 

There are mixed reactions to the idea of = laws=20 against marital rape in some countries in southern Africa. Although some = countries have already enacted laws to protect people against marital = rape, some=20 are still not convinced that it is an offence that warrants legal = provisions.=20 This is generally so because most countries in the region regard = marriage,=20 especially payment of lobola, as granting men the right to demand sex as = and=20 when they wish. Culturally, once married a husband has conjugal rights = over his=20 wife. Sex, whether forced or consented, is regarded the husband=92s=20 right.

 

Research shows that women in marital = relationships=20 are more vulnerable to HIV/AIDS due to their limited power to negotiate = safe=20 sex. But some countries still think this does not warrant a law on = marital rape.=20

 

However, while in the past the general = belief was=20 that sex workers are the most vulnerable to HIV/AIDS infection, trends = in the=20 region seem to indicate that it is women in marital relationships that = are more=20 vulnerable to infection and this is even more so where they are in = abusive=20 relationships and partners do not respect their = rights.

 

Other cultural and customary practices = such as=20 polygamy add to the vulnerability of women. While polygamy exposes all = parties=20 involved to HIV/AIDS infection, the risk tends to be higher where there = is=20 gender violence and the involved partners refuse to get tested. Women in = such=20 relationships may end up risking their lives for fear of losing the = husband or=20 losing his favour.

 

The other challenge for the region is that = rape,=20 whether in marriage or outside put women at higher risk of contracting = the HIV=20 virus. While some countries have tried to make anti-retroviral drugs = easily=20 available to survivors of rape, others have lagged behind for both = economic and=20 political reasons. And even in those countries where the drugs have been = available, do women know about them and are they well informed to demand = their=20 right to them? Should these drugs be a right or a privilege?  

 

Questions:

 

1)      = How should we deal with culture, = especially in most=20 Southern African countries, that give automatic conjugal rights to men, = even=20 where women are at risk of contracting the HIV/AIDS virus? Are our = governments=20 taking the issue seriously?

2)      = Should governments be obliged to treat = access to=20 anti-retroviral drugs as a right for survivors of rape?  How accessible are these drugs = and do=20 people have enough information and knowledge about them. =

 
 
Alice Kwaramba
Senior = Researcher
Gender=20 Links
1 Ernest Oppenheimer Street
Lower Ground Floor
Lakeside=20 Place
Bruma, 2198
Johannesburg
South Africa
Tel: +27 11 622=20 2877/7796
Fax: +27 11 622 4732
Email: alice@genderlinks.org.za
=          =20 research@genderlinks.org.za
URL:=20 www.genderlinks.org.za
<= /DIV> ------=_NextPart_000_002F_01C29465.EA476370-- From blopi@sardc.net Mon Nov 25 13:32:13 2002 From: blopi@sardc.net (Barbara Lopi) Date: Mon, 25 Nov 2002 15:32:13 +0200 Subject: [Egemtraining] Discussion topic for this week References: <003201c29455$27d7f2b0$0e00a8c0@ALICEK> Message-ID: <013c01c29487$143293f0$b300aac0@Barbara> This is a multi-part message in MIME format. ------=_NextPart_000_0139_01C29497.D3A00F50 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable Dear All This is another complex issue to which I could like to submit the = following: HIV/AIDS is one pandemic that is posing a lot of challenges to our = social, cultural and human rights practices. As individuals and = communicators operating in an environment where anti-retroviral drugs = are beyond the reach of many a people in our countries, we have a = challenge to ensure that cultural and social practices that expose us to = the risk of contracting the HIV/AIDS virus are revisited and revised. = But this is not an easy task because it is one that encompasses dealing = legal aspects, such as awareness, reform and dealing with stigma. For = instance, in most of our southern African countries, despite the = guaranteeing of fundamental freedoms to all citizens and the placing of = strong emphasis on the equal worth of men and women, including the = mentioning of sex and marital status in the non-discriminatory clauses = in most constitutions, women continue to experience the most = differential and unequal treatment when compared to men when it comes to = the application of personal laws relating to marriage. This is, because = most constitutions in the region also uphold that enjoyment by persons = of their culture, tradition, custom and language should not be = inconsistent with the constitution. This is why we so often read in the = newspapers about most of our local court justices castigating women who = experience marital problems for refusing to have had sex with their = spouses especially when women suspected "foul play" on the part of their = spouses. I think in view of the increasing HIV/AIDS epidemic, = governments and indeed our societies in general should start taking the = issue of marital rape seriously. This should also be coupled by revision = of processes required before one is "certified as having been raped." = The current procedure in many countries is so cumbersome and torturers = that most "victims" of rape would rather suffer in silence than go = through the process. Because of the cumbersome procedures, even if = governments were to be obliged to treat access to anti-retroviral drugs = as a right for survivors of rape, majority of the targeted group might = not be able to benefit. While I support the idea of obliging governments = to treat access to anti-retroviral drugs as a right for survivors of = rape, more should be done legally, by recognizing marital rape as a = crime and simplifying the procedures currently at play before one is = certified to have been raped.=20 Let's talk. Barbara ------=_NextPart_000_0139_01C29497.D3A00F50 Content-Type: text/html; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable
Dear = All
This = is=20 another complex issue to which I could like to submit the=20 following:
HIV/AIDS=20 is one pandemic that is posing a lot of challenges to our social, = cultural and=20 human rights practices. As individuals and communicators operating in an = environment where anti-retroviral drugs are beyond the reach of many a = people in=20 our countries, we have a challenge to ensure that cultural and social = practices=20 that expose us to the risk of contracting the HIV/AIDS virus are = revisited and=20 revised. But this is not an easy task because it is one that encompasses = dealing=20 legal aspects, such as awareness, reform and dealing with stigma. For = instance,=20 in most of our southern African countries, despite the guaranteeing of=20 fundamental freedoms to all citizens and the placing of strong emphasis = on the=20 equal worth of men and women, including the mentioning of sex and = marital status=20 in the non-discriminatory clauses in most constitutions, women continue = to=20 experience the most differential and unequal treatment when compared to = men when=20 it comes to the application of personal laws relating to marriage. This = is,=20 because most constitutions in the region also uphold that enjoyment by = persons=20 of their culture, tradition, custom and language should not be = inconsistent=20 with the constitution. This is why we so often read in the = newspapers about=20 most of our local court justices castigating women who experience = marital=20 problems for refusing to have had sex with their spouses especially when = women=20 suspected “foul play” on the part of their spouses. I think = in view of the=20 increasing HIV/AIDS epidemic, governments and indeed our societies in = general=20 should start taking the issue of marital rape seriously. This should = also be=20 coupled by revision of processes required before one is “certified = as having=20 been raped.” The current procedure in many countries is so = cumbersome and=20 torturers that most “victims” of rape would rather suffer in = silence than go=20 through the process. Because of the cumbersome procedures, even if = governments=20 were to be obliged to treat access to anti-retroviral drugs as a right = for=20 survivors of rape, majority of the targeted group might not be able to = benefit.=20 While I support the idea of obliging governments to treat access to=20 anti-retroviral drugs as a right for survivors of rape, more should be = done=20 legally, by recognizing marital rape as a crime and simplifying the = procedures=20 currently at play before one is certified to have been raped. =
Let's=20 talk.
Barbara
------=_NextPart_000_0139_01C29497.D3A00F50-- From research@genderlinks.org.za Mon Nov 25 15:11:41 2002 From: research@genderlinks.org.za (research) Date: Mon, 25 Nov 2002 17:11:41 +0200 Subject: [Egemtraining] Re: [Egemtraining] References: <3DDE74AB.4739.27177ED@localhost> Message-ID: <004101c29494$f5d0fce0$0e00a8c0@ALICEK> Lindiwe thanks very much for this additionl information Lindiwe. I hope we all make use of these resources and that we will continue to share with the gorup whatever other materials we come across. regards ----- Original Message ----- From: "ndzundzu" <120409@uniswacc.uniswa.sz> To: "research" Sent: Friday, November 22, 2002 6:17 PM Subject: Re: [Egemtraining] > Hi all, > > In the light of this week's discussions, I would like to draw your attention to an IPS publication > "Culture, Religion and Gender" - a training manual for the media. This publication deliberates > on the issues we have discussed and I'd say is a must-have for this era's > journalists/communicators. > I guess you all know IPS, Inter Press Service, since it has satellite communication links to > 1200 countries or so. > > Enjoy your weekend! > From research@genderlinks.org.za Mon Nov 25 15:20:39 2002 From: research@genderlinks.org.za (research) Date: Mon, 25 Nov 2002 17:20:39 +0200 Subject: [Egemtraining] Discussion topic for this week References: <003201c29455$27d7f2b0$0e00a8c0@ALICEK> <013c01c29487$143293f0$b300aac0@Barbara> Message-ID: <004c01c29496$36c99120$0e00a8c0@ALICEK> This is a multi-part message in MIME format. ------=_NextPart_000_0049_01C294A6.F9E98D30 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable Dear All thanks very much Barbara for giving us something to kickstart the = discussion. I agree that this is a challenging issue we have at hand and = that we have a lot f challenges as communicators to. Some of the issues = that you mention which i think we need to grapple with are issues of = legal and constitutional provisions vs the reality on the ground (where = mechanims are to ensure the legal provisions are not available), = culture, custom and tradition vs the human rights of women (especially = in marital relationships), the whole issue of rape and how we can begin = to recognise the rights of survivors to infection. These, I think are = some of the issue that we need to be reviewing and I am looking forward = to what others think about these!!!!! Lets continue to talk!! Alice =20 ----- Original Message -----=20 From: Barbara Lopi=20 To: research ; egemtraining@lists.sn.apc.org=20 Sent: Monday, November 25, 2002 3:32 PM Subject: Re: [Egemtraining] Discussion topic for this week Dear All This is another complex issue to which I could like to submit the = following: HIV/AIDS is one pandemic that is posing a lot of challenges to our = social, cultural and human rights practices. As individuals and = communicators operating in an environment where anti-retroviral drugs = are beyond the reach of many a people in our countries, we have a = challenge to ensure that cultural and social practices that expose us to = the risk of contracting the HIV/AIDS virus are revisited and revised. = But this is not an easy task because it is one that encompasses dealing = legal aspects, such as awareness, reform and dealing with stigma. For = instance, in most of our southern African countries, despite the = guaranteeing of fundamental freedoms to all citizens and the placing of = strong emphasis on the equal worth of men and women, including the = mentioning of sex and marital status in the non-discriminatory clauses = in most constitutions, women continue to experience the most = differential and unequal treatment when compared to men when it comes to = the application of personal laws relating to marriage. This is, because = most constitutions in the region also uphold that enjoyment by persons = of their culture, tradition, custom and language should not be = inconsistent with the constitution. This is why we so often read in the = newspapers about most of our local court justices castigating women who = experience marital problems for refusing to have had sex with their = spouses especially when women suspected "foul play" on the part of their = spouses. I think in view of the increasing HIV/AIDS epidemic, = governments and indeed our societies in general should start taking the = issue of marital rape seriously. This should also be coupled by revision = of processes required before one is "certified as having been raped." = The current procedure in many countries is so cumbersome and torturers = that most "victims" of rape would rather suffer in silence than go = through the process. Because of the cumbersome procedures, even if = governments were to be obliged to treat access to anti-retroviral drugs = as a right for survivors of rape, majority of the targeted group might = not be able to benefit. While I support the idea of obliging governments = to treat access to anti-retroviral drugs as a right for survivors of = rape, more should be done legally, by recognizing marital rape as a = crime and simplifying the procedures currently at play before one is = certified to have been raped.=20 Let's talk. Barbara ------=_NextPart_000_0049_01C294A6.F9E98D30 Content-Type: text/html; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable
Dear All
thanks very much Barbara for giving us = something to=20 kickstart the discussion. I agree that this is a challenging issue we = have at=20 hand and that we have a lot f challenges as communicators to. Some of = the issues=20 that you mention which i think we need to grapple with are issues of = legal and=20 constitutional provisions vs the reality on the ground (where mechanims = are to=20 ensure the legal provisions are not available), culture, custom and = tradition vs=20 the human rights of women (especially in marital relationships), the = whole issue=20 of rape and how we can begin to recognise the rights of survivors to=20 infection. These, I think are some of the issue that we need to be=20 reviewing and I am looking forward to what others think=20 about these!!!!! Lets continue to talk!!
Alice
 
----- Original Message -----
From:=20 Barbara = Lopi
To: research ; egemtraining@lists.sn.apc.o= rg=20
Sent: Monday, November 25, 2002 = 3:32=20 PM
Subject: Re: [Egemtraining] = Discussion=20 topic for this week

Dear=20 All
This is=20 another complex issue to which I could like to submit the=20 following:
HIV/AIDS=20 is one pandemic that is posing a lot of challenges to our social, = cultural and=20 human rights practices. As individuals and communicators operating in = an=20 environment where anti-retroviral drugs are beyond the reach of many a = people=20 in our countries, we have a challenge to ensure that cultural and = social=20 practices that expose us to the risk of contracting the HIV/AIDS virus = are=20 revisited and revised. But this is not an easy task because it is one = that=20 encompasses dealing legal aspects, such as awareness, reform and = dealing with=20 stigma. For instance, in most of our southern African countries, = despite the=20 guaranteeing of fundamental freedoms to all citizens and the placing = of strong=20 emphasis on the equal worth of men and women, including the mentioning = of sex=20 and marital status in the non-discriminatory clauses in most = constitutions,=20 women continue to experience the most differential and unequal = treatment when=20 compared to men when it comes to the application of personal laws = relating to=20 marriage. This is, because most constitutions in the region also = uphold that=20 enjoyment by persons of their culture, tradition, custom and = language=20 should not be inconsistent with the constitution. This is why we = so often=20 read in the newspapers about most of our local court justices = castigating=20 women who experience marital problems for refusing to have had sex = with their=20 spouses especially when women suspected =93foul play=94 on the part of = their=20 spouses. I think in view of the increasing HIV/AIDS epidemic, = governments and=20 indeed our societies in general should start taking the issue of = marital rape=20 seriously. This should also be coupled by revision of processes = required=20 before one is =93certified as having been raped.=94 The current = procedure in many=20 countries is so cumbersome and torturers that most =93victims=94 of = rape would=20 rather suffer in silence than go through the process. Because of the=20 cumbersome procedures, even if governments=20 were to be obliged to treat access to anti-retroviral drugs as a right = for=20 survivors of rape, majority of the targeted group might not be able to = benefit. While I support the idea of obliging governments to treat = access to=20 anti-retroviral drugs as a right for survivors of rape, more should be = done=20 legally, by recognizing marital rape as a crime and simplifying the = procedures=20 currently at play before one is certified to have been raped. =
Let's=20 talk.
Barbara
------=_NextPart_000_0049_01C294A6.F9E98D30-- From lindiwe nkutha" <013c01c29487$143293f0$b300aac0@Barbara> <004c01c29496$36c99120$0e00a8c0@ALICEK> Message-ID: <002b01c29441$44fe0b40$0f00a8c0@MOTH> This is a multi-part message in MIME format. ------=_NextPart_000_0028_01C29452.083A9000 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable I'm feeling so iffy about doinf this, but I'll do it anyways. A = coalation of NGO's working in the area of gender violence in Southern = Africa yesterday launched the 16 days of Peace campaisn which will run = until the 10 December this year. as part of the activities we's set = aside space on our webpage www.genderlinks.org.za to discuss these = issues. Please visit our site, and sign the Peace Pledge committing = yourself to a 16 Days and 365 days and a lifetime of Peace. Also leave a = message on the memorial wall in memory of loved ones who may have lost = their lives to gender violence, find out what activities are happening = which you could become a part of and if there is inspiration still, = share with us you creative expresssions in the section called your own = words. Please let as many people as possible know that this happening = during this period, and encourage them to commit themselves to Peace. We = look forward to having you there. Regards Lindiwe Nkutha Having finished "marketing" :-) I will come back and contribute to the = on going discussion. =20 ----- Original Message -----=20 From: research=20 To: Barbara Lopi ; egemtraining@lists.sn.apc.org=20 Sent: Monday, November 25, 2002 5:20 PM Subject: Re: [Egemtraining] Discussion topic for this week Dear All thanks very much Barbara for giving us something to kickstart the = discussion. I agree that this is a challenging issue we have at hand and = that we have a lot f challenges as communicators to. Some of the issues = that you mention which i think we need to grapple with are issues of = legal and constitutional provisions vs the reality on the ground (where = mechanims are to ensure the legal provisions are not available), = culture, custom and tradition vs the human rights of women (especially = in marital relationships), the whole issue of rape and how we can begin = to recognise the rights of survivors to infection. These, I think are = some of the issue that we need to be reviewing and I am looking forward = to what others think about these!!!!! Lets continue to talk!! Alice ----- Original Message -----=20 From: Barbara Lopi=20 To: research ; egemtraining@lists.sn.apc.org=20 Sent: Monday, November 25, 2002 3:32 PM Subject: Re: [Egemtraining] Discussion topic for this week Dear All This is another complex issue to which I could like to submit the = following: HIV/AIDS is one pandemic that is posing a lot of challenges to our = social, cultural and human rights practices. As individuals and = communicators operating in an environment where anti-retroviral drugs = are beyond the reach of many a people in our countries, we have a = challenge to ensure that cultural and social practices that expose us to = the risk of contracting the HIV/AIDS virus are revisited and revised. = But this is not an easy task because it is one that encompasses dealing = legal aspects, such as awareness, reform and dealing with stigma. For = instance, in most of our southern African countries, despite the = guaranteeing of fundamental freedoms to all citizens and the placing of = strong emphasis on the equal worth of men and women, including the = mentioning of sex and marital status in the non-discriminatory clauses = in most constitutions, women continue to experience the most = differential and unequal treatment when compared to men when it comes to = the application of personal laws relating to marriage. This is, because = most constitutions in the region also uphold that enjoyment by persons = of their culture, tradition, custom and language should not be = inconsistent with the constitution. This is why we so often read in the = newspapers about most of our local court justices castigating women who = experience marital problems for refusing to have had sex with their = spouses especially when women suspected "foul play" on the part of their = spouses. I think in view of the increasing HIV/AIDS epidemic, = governments and indeed our societies in general should start taking the = issue of marital rape seriously. This should also be coupled by revision = of processes required before one is "certified as having been raped." = The current procedure in many countries is so cumbersome and torturers = that most "victims" of rape would rather suffer in silence than go = through the process. Because of the cumbersome procedures, even if = governments were to be obliged to treat access to anti-retroviral drugs = as a right for survivors of rape, majority of the targeted group might = not be able to benefit. While I support the idea of obliging governments = to treat access to anti-retroviral drugs as a right for survivors of = rape, more should be done legally, by recognizing marital rape as a = crime and simplifying the procedures currently at play before one is = certified to have been raped.=20 Let's talk. Barbara ------=_NextPart_000_0028_01C29452.083A9000 Content-Type: text/html; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable
I'm feeling so iffy about doinf this, = but I'll do=20 it anyways. A coalation of NGO's working in the area of gender violence = in=20 Southern Africa yesterday launched the 16 days of Peace campaisn which = will run=20 until the 10 December this year. as part of the activities we's set = aside space=20 on our webpage www.genderlinks.org.za to = discuss these=20 issues. Please visit our site, and sign the Peace Pledge committing = yourself to=20 a 16 Days and 365 days and a lifetime of Peace. Also leave a message = on the=20 memorial wall in memory of loved ones who may have lost their lives = to=20 gender violence, find out what activities are happening which you could = become a=20 part of and if there is inspiration still, share with us you = creative=20 expresssions in the section called your own words. Please let as = many=20 people as possible know that this happening during this period, and = encourage=20 them to commit themselves to Peace. We look forward to having you=20 there.
 
Regards
 
Lindiwe Nkutha
Having finished "marketing" :-) I will = come back=20 and contribute to the on going discussion.  
----- Original Message -----
From:=20 research
To: Barbara Lopi ; egemtraining@lists.sn.apc.o= rg=20
Sent: Monday, November 25, 2002 = 5:20=20 PM
Subject: Re: [Egemtraining] = Discussion=20 topic for this week

Dear All
thanks very much Barbara for giving = us something=20 to kickstart the discussion. I agree that this is a challenging issue = we have=20 at hand and that we have a lot f challenges as communicators to. Some = of the=20 issues that you mention which i think we need to grapple with are = issues of=20 legal and constitutional provisions vs the reality on the ground = (where=20 mechanims are to ensure the legal provisions are not available), = culture,=20 custom and tradition vs the human rights of women (especially in = marital=20 relationships), the whole issue of rape and how we can begin to = recognise the=20 rights of survivors to infection. These, I think are some of the = issue=20 that we need to be reviewing and I am looking forward to what = others=20 think about these!!!!! Lets continue to talk!!
Alice
 
----- Original Message -----
From:=20 Barbara = Lopi=20
To: research ; egemtraining@lists.sn.apc.o= rg=20
Sent: Monday, November 25, = 2002 3:32=20 PM
Subject: Re: [Egemtraining] = Discussion=20 topic for this week

Dear=20 All
This is=20 another complex issue to which I could like to submit the=20 following:
HIV/AIDS=20 is one pandemic that is posing a lot of challenges to our social, = cultural=20 and human rights practices. As individuals and communicators = operating in an=20 environment where anti-retroviral drugs are beyond the reach of many = a=20 people in our countries, we have a challenge to ensure that cultural = and=20 social practices that expose us to the risk of contracting the = HIV/AIDS=20 virus are revisited and revised. But this is not an easy task = because it is=20 one that encompasses dealing legal aspects, such as awareness, = reform and=20 dealing with stigma. For instance, in most of our southern African=20 countries, despite the guaranteeing of fundamental freedoms to all = citizens=20 and the placing of strong emphasis on the equal worth of men and = women,=20 including the mentioning of sex and marital status in the = non-discriminatory=20 clauses in most constitutions, women continue to experience the most = differential and unequal treatment when compared to men when it = comes to the=20 application of personal laws relating to marriage. This is, because = most=20 constitutions in the region also uphold that enjoyment by persons of = their=20 culture, tradition, custom and language should not be = inconsistent with=20 the constitution. This is why we so often read in the newspapers = about=20 most of our local court justices castigating women who experience = marital=20 problems for refusing to have had sex with their spouses especially = when=20 women suspected =93foul play=94 on the part of their spouses. I = think in view of=20 the increasing HIV/AIDS epidemic, governments and indeed our = societies in=20 general should start taking the issue of marital rape seriously. = This should=20 also be coupled by revision of processes required before one is = =93certified=20 as having been raped.=94 The current procedure in many countries is = so=20 cumbersome and torturers that most =93victims=94 of rape would = rather suffer in=20 silence than go through the process. Because of the cumbersome = procedures,=20 even if governments=20 were to be obliged to treat access to anti-retroviral drugs as a = right for=20 survivors of rape, majority of the targeted group might not be able = to=20 benefit. While I support the idea of obliging governments to treat = access to=20 anti-retroviral drugs as a right for survivors of rape, more should = be done=20 legally, by recognizing marital rape as a crime and simplifying the=20 procedures currently at play before one is certified to have been = raped.=20
Let's=20 talk.
Barbara
------=_NextPart_000_0028_01C29452.083A9000-- From jennifer@misa.org Tue Nov 26 08:01:58 2002 From: jennifer@misa.org (Jennifer Mufune) Date: Tue, 26 Nov 2002 10:01:58 +0200 Subject: [Egemtraining] Discussion topic for this week In-Reply-To: <004c01c29496$36c99120$0e00a8c0@ALICEK> References: <003201c29455$27d7f2b0$0e00a8c0@ALICEK> <013c01c29487$143293f0$b300aac0@Barbara> <004c01c29496$36c99120$0e00a8c0@ALICEK> Message-ID: --============_-1173824773==_ma============ Content-Type: text/plain; charset="iso-8859-1" ; format="flowed" Content-Transfer-Encoding: quoted-printable Hallo everyone This week's topic comes at the right time for women in Namibia and=20 especially when we are trying to observe the 16 Days of Peace. In=20 response to Alice's e-mail, I would like to share with you the=20 discussions that have been going on in the Namibian parliament for=20 the past couple of days talking about the Bill on Combating Domestic=20 Violence. I can tell you that some of the comments made are enough to=20 drive any sane person round the bend. I have never heard so much=20 crap coming out of the mouths of some of the male parliamentarians=20 and ministers who I believe are deliberately trying to ridicule the=20 Bill. As can be expected, the female MPs and Ministers (fortunately) stood=20 together and made some very good contributions to the debate in=20 parliament with a handful of men, whilst their male counterparts have=20 done their utmost to trivialize the whole issue and are trying to=20 pass it off as bedroom/private business. Yesterday a deputy minister claimed that the Bill on the Combating of=20 Domestic Violence was not "necessary" and would serve only a few=20 "elite women." He went on to claim that he had spoken to ordinary=20 Namibian women who feel that this bill is unnecessary (we are=20 curious to know who these women are and when he went round to ask=20 them). He said for the Bill to suggest that "married couples could=20 also rape each other is un-African". =20 "I have never heard of a case where a husband was sent to jail for=20 raping his wife," he charged. This man's response is a good example of the reality on the ground=20 and the reason why we fail to see important legislation passed that=20 will make life better for all because of these attitudes and beliefs=20 from the mostly male leaders we have. How do we deal with people=20 like this deputy minister who clearly does not see women's issues as=20 important and cannot stand up and contribute positively to support=20 legislation that will make life better for all. How do we go about=20 changing these sort of die hard attitudes? Regards, Jennifer, Windhoek >Dear All >thanks very much Barbara for giving us something to kickstart the=20 >discussion. I agree that this is a challenging issue we have at hand=20 >and that we have a lot f challenges as communicators to. Some of the=20 >issues that you mention which i think we need to grapple with are=20 >issues of legal and constitutional provisions vs the reality on the=20 >ground (where mechanims are to ensure the legal provisions are not=20 >available), culture, custom and tradition vs the human rights of=20 >women (especially in marital relationships), the whole issue of rape=20 >and how we can begin to recognise the rights of survivors to=20 >infection. These, I think are some of the issue that we need to be=20 >reviewing and I am looking forward to what others think=20 >about these!!!!! Lets continue to talk!! >Alice > > >----- Original Message ----- >From: Barbara Lopi >To: research ;=20 >egemtraining@lists.sn.apc.org >Sent: Monday, November 25, 2002 3:32 PM >Subject: Re: [Egemtraining] Discussion topic for this week > >Dear All >This is another complex issue to which I could like to submit the following= : >HIV/AIDS is one pandemic that is posing a lot of challenges to our=20 >social, cultural and human rights practices. As individuals and=20 >communicators operating in an environment where anti-retroviral=20 >drugs are beyond the reach of many a people in our countries, we=20 >have a challenge to ensure that cultural and social practices that=20 >expose us to the risk of contracting the HIV/AIDS virus are=20 >revisited and revised. But this is not an easy task because it is=20 >one that encompasses dealing legal aspects, such as awareness,=20 >reform and dealing with stigma. For instance, in most of our=20 >southern African countries, despite the guaranteeing of fundamental=20 >freedoms to all citizens and the placing of strong emphasis on the=20 >equal worth of men and women, including the mentioning of sex and=20 >marital status in the non-discriminatory clauses in most=20 >constitutions, women continue to experience the most differential=20 >and unequal treatment when compared to men when it comes to the=20 >application of personal laws relating to marriage. This is, because=20 >most constitutions in the region also uphold that enjoyment by=20 >persons of their culture, tradition, custom and language should not=20 >be inconsistent with the constitution. This is why we so often read=20 >in the newspapers about most of our local court justices castigating=20 >women who experience marital problems for refusing to have had sex=20 >with their spouses especially when women suspected =93foul play=94 on=20 >the part of their spouses. I think in view of the increasing=20 >HIV/AIDS epidemic, governments and indeed our societies in general=20 >should start taking the issue of marital rape seriously. This should=20 >also be coupled by revision of processes required before one is=20 >=93certified as having been raped.=94 The current procedure in many=20 >countries is so cumbersome and torturers that most =93victims=94 of rape=20 >would rather suffer in silence than go through the process. Because=20 >of the cumbersome procedures, even if governments were to be obliged=20 >to treat access to anti-retroviral drugs as a right for survivors of=20 >rape, majority of the targeted group might not be able to benefit.=20 >While I support the idea of obliging governments to treat access to=20 >anti-retroviral drugs as a right for survivors of rape, more should=20 >be done legally, by recognizing marital rape as a crime and=20 >simplifying the procedures currently at play before one is certified=20 >to have been raped. >Let's talk. >Barbara --============_-1173824773==_ma============ Content-Type: text/enriched; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable Hallo everyone This week's topic comes at the right time for women in Namibia and especially when we are trying to observe the 16 Days of Peace. In response to Alice's e-mail, I would like to share with you the discussions that have been going on in the Namibian parliament for the past couple of days talking about the Bill on Combating Domestic Violence. I can tell you that some of the comments made are enough to drive any sane person round the bend. I have never heard so much crap coming out of the mouths of some of the male parliamentarians and ministers who I believe are deliberately trying to ridicule the Bill.=20 As can be expected, the female MPs and Ministers (fortunately) stood together and made some very good contributions to the debate in parliament with a handful of men, whilst their male counterparts have done their utmost to trivialize the whole issue and are trying to pass it off as bedroom/private business.=20 Yesterday a deputy minister claimed that the Bill on the Combating of Domestic Violence was not "necessary" and would serve only a few "elite women." He went on to claim that he had spoken to ordinary Namibian women who feel that this bill is unnecessary (we are curious to know who these women are and when he went round to ask them). He said for the Bill to suggest that "married couples could also rape each other is un-African". "I have never heard of a case where a husband was sent to jail for raping his wife," he charged. This man's response is a good example of the reality on the ground and the reason why we fail to see important legislation passed that will make life better for all because of these attitudes and beliefs from the mostly male leaders we have. How do we deal with people like this deputy minister who clearly does not see women's issues as important and cannot stand up and contribute positively to support legislation that will make life better for all. How do we go about changing these sort of die hard attitudes? Regards, Jennifer, Windhoek ArialDear All thanks very much Barbara for giving us something to kickstart the discussion. I agree that this is a challenging issue we have at hand and that we have a lot f challenges as communicators to. Some of the issues that you mention which i think we need to grapple with are issues of legal and constitutional provisions vs the reality on the ground (where mechanims are to ensure the legal provisions are not available), culture, custom and tradition vs the human rights of women (especially in marital relationships), the whole issue of rape and how we can begin to recognise the rights of survivors to infection. These, I think are some of the issue that we need to be reviewing and I am looking forward to what others think about these!!!!! Lets continue to talk!! Alice =20 right,left----- Original Message ----- From: <Barbara Lopi To: <research ; <egemtraining@lists.sn.apc.org Sent: Monday, November 25, 2002 3:32 PM Subject: Re: [Egemtraining] Discussion topic for this week Dear All This is another complex issue to which I could like to submit the following: HIV/AIDS is one pandemic that is posing a lot of challenges to our social, cultural and human rights practices. As individuals and communicators operating in an environment where anti-retroviral drugs are beyond the reach of many a people in our countries, we have a challenge to ensure that cultural and social practices that expose us to the risk of contracting the HIV/AIDS virus are revisited and revised. But this is not an easy task because it is one that encompasses dealing legal aspects, such as awareness, reform and dealing with stigma. For instance, in most of our southern African countries, despite the guaranteeing of fundamental freedoms to all citizens and the placing of strong emphasis on the equal worth of men and women, including the mentioning of sex and marital status in the non-discriminatory clauses in most constitutions, women continue to experience the most differential and unequal treatment when compared to men when it comes to the application of personal laws relating to marriage. This is, because most constitutions in the region also uphold that enjoyment by persons of their culture, tradition, custom and language should not be inconsistent with the constitution. This is why we so often read in the newspapers about most of our local court justices castigating women who experience marital problems for refusing to have had sex with their spouses especially when women suspected =93foul play=94 on the part of their spouses. I think in view of the increasing HIV/AIDS epidemic, governments and indeed our societies in general should start taking the issue of marital rape seriously. This should also be coupled by revision of processes required before one is =93certified as having been raped.=94 The current procedure in many countries is so cumbersome and torturers that most =93victims=94 of rape would rather suffer in silence than go through the process. Because of the cumbersome procedures, even if governments were to be obliged to treat access to anti-retroviral drugs as a right for survivors of rape, majority of the targeted group might not be able to benefit. While I support the idea of obliging governments to treat access to anti-retroviral drugs as a right for survivors of rape, more should be done legally, by recognizing marital rape as a crime and simplifying the procedures currently at play before one is certified to have been raped. Let's talk. Barbara --============_-1173824773==_ma============-- From Kudzaishe@mwengo.org.zw Tue Nov 26 12:11:01 2002 From: Kudzaishe@mwengo.org.zw (Kudzaishe) Date: Tue, 26 Nov 2002 14:11:01 +0200 Subject: [Egemtraining] Discussion topic for this week Message-ID: <30C1EF84C3B1D611AE8A008048D7AA3D0284B4@SERVER> Dear All Some comments on the topic: On marital rape, unfortunately in our society it is not considered a crime. The majority of the people in society see it as the right of the man to get sex from his wife whenever he feels like it. Some justify this by saying that if the woman does not have sex with her husband on demand, he will be justified in "finding it elsewhere" as it were. Unfortunately, society views bride-price as buying a wife. This attitude is perpetuated by relatives who have commercialised the bride price by asking for huge amounts of money or even property from the potential son-in-law. This is as opposed to the symbolism of the act whereby the bride price is supposed to be a way of thanking/ appreciation/ acknowledgment act on the part of the son-in-law towards the parents of the woman. This property/ investment concept makes it harder for the woman to be able to negotiate for safe sex for example. It is the right of every woman who has been raped to have access to anti-retrovirals, in fact I feel it is the right of every woman who has been exposed to the virus to have access to these drugs. However, the greatest restricting factor is the cost, the drugs are very expensive. This is where the commitment from the government comes in and this is very important as they are the ones who can ensure that they source cheaper generic drugs and they also make distribution and access easier. Kudzai -----Original Message----- From: research [SMTP:research@genderlinks.org.za] Sent: 25 November 2002 09:35 To: egemtraining@lists.sn.apc.org Subject: [Egemtraining] Discussion topic for this week Dear All I do trust you had a restful weekend and you are peacefully observing the 16 Days of Peace!! This week's topic focuses on one of the most ignored violations of women's rights...marital rape!! It is imperative that we begin to grapple with it as we reflect on and challenge cultural practices that discriminate women. Marital Rape? Some countries are still not convinced and plead culture There are mixed reactions to the idea of laws against marital rape in some countries in southern Africa. Although some countries have already enacted laws to protect people against marital rape, some are still not convinced that it is an offence that warrants legal provisions. This is generally so because most countries in the region regard marriage, especially payment of lobola, as granting men the right to demand sex as and when they wish. Culturally, once married a husband has conjugal rights over his wife. Sex, whether forced or consented, is regarded the husband's right. Research shows that women in marital relationships are more vulnerable to HIV/AIDS due to their limited power to negotiate safe sex. But some countries still think this does not warrant a law on marital rape. However, while in the past the general belief was that sex workers are the most vulnerable to HIV/AIDS infection, trends in the region seem to indicate that it is women in marital relationships that are more vulnerable to infection and this is even more so where they are in abusive relationships and partners do not respect their rights. Other cultural and customary practices such as polygamy add to the vulnerability of women. While polygamy exposes all parties involved to HIV/AIDS infection, the risk tends to be higher where there is gender violence and the involved partners refuse to get tested. Women in such relationships may end up risking their lives for fear of losing the husband or losing his favour. The other challenge for the region is that rape, whether in marriage or outside put women at higher risk of contracting the HIV virus. While some countries have tried to make anti-retroviral drugs easily available to survivors of rape, others have lagged behind for both economic and political reasons. And even in those countries where the drugs have been available, do women know about them and are they well informed to demand their right to them? Should these drugs be a right or a privilege? Questions: 1) How should we deal with culture, especially in most Southern African countries, that give automatic conjugal rights to men, even where women are at risk of contracting the HIV/AIDS virus? Are our governments taking the issue seriously? 2) Should governments be obliged to treat access to anti-retroviral drugs as a right for survivors of rape? How accessible are these drugs and do people have enough information and knowledge about them. Alice Kwaramba Senior Researcher Gender Links 1 Ernest Oppenheimer Street Lower Ground Floor Lakeside Place Bruma, 2198 Johannesburg South Africa Tel: +27 11 622 2877/7796 Fax: +27 11 622 4732 Email: alice@genderlinks.org.za research@genderlinks.org.za URL: www.genderlinks.org.za From ebasadi" <013c01c29487$143293f0$b300aac0@Barbara><004c01c29496$36c99120$0e00a8c0@ALICEK> Message-ID: <003201c29548$07cf3840$e285fea9@peter> This is a multi-part message in MIME format. ------=_NextPart_000_002F_01C29558.CA531B60 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable Perhaps we need to change the language and approach- Let start looking = at it from an athropological perspective- because it involves a lot = about how mankind has evolved and what determines certain human = practices. There has to a theory first to explain the antithesis. Peter ----- Original Message -----=20 From: Jennifer Mufune=20 To: egemtraining@lists.sn.apc.org=20 Cc: research@genderlinks.org.za=20 Sent: Tuesday, November 26, 2002 10:01 AM Subject: Re: [Egemtraining] Discussion topic for this week Hallo everyone This week's topic comes at the right time for women in Namibia and = especially when we are trying to observe the 16 Days of Peace. In = response to Alice's e-mail, I would like to share with you the = discussions that have been going on in the Namibian parliament for the = past couple of days talking about the Bill on Combating Domestic = Violence. I can tell you that some of the comments made are enough to = drive any sane person round the bend. I have never heard so much crap = coming out of the mouths of some of the male parliamentarians and = ministers who I believe are deliberately trying to ridicule the Bill.=20 As can be expected, the female MPs and Ministers (fortunately) stood = together and made some very good contributions to the debate in = parliament with a handful of men, whilst their male counterparts have = done their utmost to trivialize the whole issue and are trying to pass = it off as bedroom/private business.=20 Yesterday a deputy minister claimed that the Bill on the Combating of = Domestic Violence was not "necessary" and would serve only a few "elite = women." He went on to claim that he had spoken to ordinary Namibian = women who feel that this bill is unnecessary (we are curious to know who = these women are and when he went round to ask them). He said for the = Bill to suggest that "married couples could also rape each other is = un-African". "I have never heard of a case where a husband was sent to jail for = raping his wife," he charged. This man's response is a good example of the reality on the ground and = the reason why we fail to see important legislation passed that will = make life better for all because of these attitudes and beliefs from the = mostly male leaders we have. How do we deal with people like this deputy = minister who clearly does not see women's issues as important and cannot = stand up and contribute positively to support legislation that will make = life better for all. How do we go about changing these sort of die hard = attitudes? Regards, Jennifer, Windhoek Dear All thanks very much Barbara for giving us something to kickstart the = discussion. I agree that this is a challenging issue we have at hand and = that we have a lot f challenges as communicators to. Some of the issues = that you mention which i think we need to grapple with are issues of = legal and constitutional provisions vs the reality on the ground (where = mechanims are to ensure the legal provisions are not available), = culture, custom and tradition vs the human rights of women (especially = in marital relationships), the whole issue of rape and how we can begin = to recognise the rights of survivors to infection. These, I think are = some of the issue that we need to be reviewing and I am looking forward = to what others think about these!!!!! Lets continue to talk!! Alice ----- Original Message ----- From: Barbara Lopi To: research ; = egemtraining@lists.sn.apc.org Sent: Monday, November 25, 2002 3:32 PM Subject: Re: [Egemtraining] Discussion topic for this week Dear All This is another complex issue to which I could like to submit the = following: HIV/AIDS is one pandemic that is posing a lot of challenges to our = social, cultural and human rights practices. As individuals and = communicators operating in an environment where anti-retroviral drugs = are beyond the reach of many a people in our countries, we have a = challenge to ensure that cultural and social practices that expose us to = the risk of contracting the HIV/AIDS virus are revisited and revised. = But this is not an easy task because it is one that encompasses dealing = legal aspects, such as awareness, reform and dealing with stigma. For = instance, in most of our southern African countries, despite the = guaranteeing of fundamental freedoms to all citizens and the placing of = strong emphasis on the equal worth of men and women, including the = mentioning of sex and marital status in the non-discriminatory clauses = in most constitutions, women continue to experience the most = differential and unequal treatment when compared to men when it comes to = the application of personal laws relating to marriage. This is, because = most constitutions in the region also uphold that enjoyment by persons = of their culture, tradition, custom and language should not be = inconsistent with the constitution. This is why we so often read in the = newspapers about most of our local court justices castigating women who = experience marital problems for refusing to have had sex with their = spouses especially when women suspected "foul play" on the part of their = spouses. I think in view of the increasing HIV/AIDS epidemic, = governments and indeed our societies in general should start taking the = issue of marital rape seriously. This should also be coupled by revision = of processes required before one is "certified as having been raped." = The current procedure in many countries is so cumbersome and torturers = that most "victims" of rape would rather suffer in silence than go = through the process. Because of the cumbersome procedures, even if = governments were to be obliged to treat access to anti-retroviral drugs = as a right for survivors of rape, majority of the targeted group might = not be able to benefit. While I support the idea of obliging governments = to treat access to anti-retroviral drugs as a right for survivors of = rape, more should be done legally, by recognizing marital rape as a = crime and simplifying the procedures currently at play before one is = certified to have been raped. Let's talk. Barbara ------=_NextPart_000_002F_01C29558.CA531B60 Content-Type: text/html; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable
Perhaps we need to change the language = and=20 approach- Let start looking at it from an athropological perspective- = because it=20 involves a lot about how mankind has evolved and what determines certain = human  practices. There has to a theory first to explain the=20 antithesis.
 
Peter
----- Original Message -----
From:=20 Jennifer Mufune=20
To: egemtraining@lists.sn.apc.org =
Cc: research@genderlinks.org.za =
Sent: Tuesday, November 26, = 2002 10:01=20 AM
Subject: Re: [Egemtraining] = Discussion=20 topic for this week

Hallo everyone
This week's topic comes at the right = time for=20 women in Namibia and especially when we are trying to observe the 16 = Days of=20 Peace. In response to Alice's e-mail, I would like to share with you = the=20 discussions that have been going on in the Namibian parliament for the = past=20 couple of days talking about the Bill on Combating Domestic Violence. = I can=20 tell you that some of the comments made are enough to drive any sane = person=20 round the bend. I have never heard so much crap coming out of the = mouths of=20 some of the male parliamentarians and ministers who I believe are = deliberately=20 trying to ridicule the Bill.
As can be expected, the female MPs = and=20 Ministers (fortunately) stood together and made some very good = contributions=20 to the debate in parliament with a handful of men, whilst their male=20 counterparts have done their utmost to trivialize the whole issue and = are=20 trying to pass it off as bedroom/private business.
Yesterday a = deputy=20 minister claimed that the Bill on the Combating of Domestic Violence = was not=20 "necessary" and would serve only a few "elite women." He went on to = claim that=20 he had spoken to ordinary Namibian women who feel that this bill is=20 unnecessary (we are curious to know who these women are and when he = went round=20 to ask them). He said for the Bill to suggest that "married couples = could also=20 rape each other is un-African".
"I have never heard of a case where = a=20 husband was sent to jail for raping his wife," he charged.

This = man's=20 response is a good example of the reality on the ground and the reason = why we=20 fail to see important legislation passed that will make life better = for all=20 because of these attitudes and beliefs from the mostly male leaders we = have.=20 How do we deal with people like this deputy minister who clearly does = not see=20 women's issues as important and cannot stand up and contribute = positively to=20 support legislation that will make life better for all. How do we go = about=20 changing these sort of die hard attitudes?
Regards,
Jennifer,=20 Windhoek


Dear All
thanks very much = Barbara=20 for giving us something to kickstart the discussion. I agree that = this is a=20 challenging issue we have at hand and that we have a lot f = challenges as=20 communicators to. Some of the issues that you mention which i think = we need=20 to grapple with are issues of legal and constitutional provisions vs = the=20 reality on the ground (where mechanims are to ensure the legal = provisions=20 are not available), culture, custom and tradition vs the human = rights of=20 women (especially in marital relationships), the whole issue of rape = and how=20 we can begin to recognise the rights of survivors to infection. = These, I=20 think are some of the issue that we need to be reviewing and I am = looking=20 forward to what others think about these!!!!! Lets continue to=20 talk!!
Alice


-----=20 Original Message -----
From: = <mailto:blopi@sardc.net>Barbara=20 Lopi
To: = <mailto:research@genderlinks.org.za>research ;=20 = <mailto:egemtraining@lists.sn.apc.org>egemtraining@lists.sn.apc.org=
Sent:=20 Monday, November 25, 2002 3:32 PM
Subject: Re: = [Egemtraining]=20 Discussion topic for this week

Dear All
This is another = complex=20 issue to which I could like to submit the following:
HIV/AIDS is = one=20 pandemic that is posing a lot of challenges to our social, cultural = and=20 human rights practices. As individuals and communicators operating = in an=20 environment where anti-retroviral drugs are beyond the reach of many = a=20 people in our countries, we have a challenge to ensure that cultural = and=20 social practices that expose us to the risk of contracting the = HIV/AIDS=20 virus are revisited and revised. But this is not an easy task = because it is=20 one that encompasses dealing legal aspects, such as awareness, = reform and=20 dealing with stigma. For instance, in most of our southern African=20 countries, despite the guaranteeing of fundamental freedoms to all = citizens=20 and the placing of strong emphasis on the equal worth of men and = women,=20 including the mentioning of sex and marital status in the = non-discriminatory=20 clauses in most constitutions, women continue to experience the most = differential and unequal treatment when compared to men when it = comes to the=20 application of personal laws relating to marriage. This is, because = most=20 constitutions in the region also uphold that enjoyment by persons of = their=20 culture, tradition, custom and language should not be = inconsistent with=20 the constitution. This is why we so often read in the newspapers = about=20 most of our local court justices castigating women who experience = marital=20 problems for refusing to have had sex with their spouses especially = when=20 women suspected “foul play” on the part of their = spouses. I think in view of=20 the increasing HIV/AIDS epidemic, governments and indeed our = societies in=20 general should start taking the issue of marital rape seriously. = This should=20 also be coupled by revision of processes required before one is = “certified=20 as having been raped.” The current procedure in many countries = is so=20 cumbersome and torturers that most “victims” of rape = would rather suffer in=20 silence than go through the process. Because of the cumbersome = procedures,=20 even if governments were to be obliged to treat access to = anti-retroviral=20 drugs as a right for survivors of rape, majority of the targeted = group might=20 not be able to benefit. While I support the idea of obliging = governments to=20 treat access to anti-retroviral drugs as a right for survivors of = rape, more=20 should be done legally, by recognizing marital rape as a crime and=20 simplifying the procedures currently at play before one is certified = to have=20 been raped.
Let's=20 talk.
Barbara
------=_NextPart_000_002F_01C29558.CA531B60-- From blopi@sardc.net Tue Nov 26 13:25:27 2002 From: blopi@sardc.net (Barbara Lopi) Date: Tue, 26 Nov 2002 15:25:27 +0200 Subject: [Egemtraining] Discussion topic for this week References: <003201c29455$27d7f2b0$0e00a8c0@ALICEK><013c01c29487$143293f0$b300aac0@Barbara><004c01c29496$36c99120$0e00a8c0@ALICEK> <003201c29548$07cf3840$e285fea9@peter> Message-ID: <003601c2954f$4a793e50$b300aac0@Barbara> This is a multi-part message in MIME format. ------=_NextPart_000_0033_01C29560.0C73F440 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable Talking about the "need to change the language" Peter, "humankind" is = more inclusive as opposed to "mankind" (smile). Barbara. ----- Original Message -----=20 From: ebasadi=20 To: egemtraining@lists.sn.apc.org ; Jennifer Mufune=20 Cc: research@genderlinks.org.za=20 Sent: Tuesday, November 26, 2002 2:33 PM Subject: Re: [Egemtraining] Discussion topic for this week Perhaps we need to change the language and approach- Let start looking = at it from an athropological perspective- because it involves a lot = about how mankind has evolved and what determines certain human = practices. There has to a theory first to explain the antithesis. Peter ----- Original Message -----=20 From: Jennifer Mufune=20 To: egemtraining@lists.sn.apc.org=20 Cc: research@genderlinks.org.za=20 Sent: Tuesday, November 26, 2002 10:01 AM Subject: Re: [Egemtraining] Discussion topic for this week Hallo everyone This week's topic comes at the right time for women in Namibia and = especially when we are trying to observe the 16 Days of Peace. In = response to Alice's e-mail, I would like to share with you the = discussions that have been going on in the Namibian parliament for the = past couple of days talking about the Bill on Combating Domestic = Violence. I can tell you that some of the comments made are enough to = drive any sane person round the bend. I have never heard so much crap = coming out of the mouths of some of the male parliamentarians and = ministers who I believe are deliberately trying to ridicule the Bill.=20 As can be expected, the female MPs and Ministers (fortunately) stood = together and made some very good contributions to the debate in = parliament with a handful of men, whilst their male counterparts have = done their utmost to trivialize the whole issue and are trying to pass = it off as bedroom/private business.=20 Yesterday a deputy minister claimed that the Bill on the Combating = of Domestic Violence was not "necessary" and would serve only a few = "elite women." He went on to claim that he had spoken to ordinary = Namibian women who feel that this bill is unnecessary (we are curious to = know who these women are and when he went round to ask them). He said = for the Bill to suggest that "married couples could also rape each other = is un-African". "I have never heard of a case where a husband was sent to jail for = raping his wife," he charged. This man's response is a good example of the reality on the ground = and the reason why we fail to see important legislation passed that will = make life better for all because of these attitudes and beliefs from the = mostly male leaders we have. How do we deal with people like this deputy = minister who clearly does not see women's issues as important and cannot = stand up and contribute positively to support legislation that will make = life better for all. How do we go about changing these sort of die hard = attitudes? Regards, Jennifer, Windhoek Dear All thanks very much Barbara for giving us something to kickstart the = discussion. I agree that this is a challenging issue we have at hand and = that we have a lot f challenges as communicators to. Some of the issues = that you mention which i think we need to grapple with are issues of = legal and constitutional provisions vs the reality on the ground (where = mechanims are to ensure the legal provisions are not available), = culture, custom and tradition vs the human rights of women (especially = in marital relationships), the whole issue of rape and how we can begin = to recognise the rights of survivors to infection. These, I think are = some of the issue that we need to be reviewing and I am looking forward = to what others think about these!!!!! Lets continue to talk!! Alice ----- Original Message ----- From: Barbara Lopi To: research ; = egemtraining@lists.sn.apc.org Sent: Monday, November 25, 2002 3:32 PM Subject: Re: [Egemtraining] Discussion topic for this week Dear All This is another complex issue to which I could like to submit the = following: HIV/AIDS is one pandemic that is posing a lot of challenges to our = social, cultural and human rights practices. As individuals and = communicators operating in an environment where anti-retroviral drugs = are beyond the reach of many a people in our countries, we have a = challenge to ensure that cultural and social practices that expose us to = the risk of contracting the HIV/AIDS virus are revisited and revised. = But this is not an easy task because it is one that encompasses dealing = legal aspects, such as awareness, reform and dealing with stigma. For = instance, in most of our southern African countries, despite the = guaranteeing of fundamental freedoms to all citizens and the placing of = strong emphasis on the equal worth of men and women, including the = mentioning of sex and marital status in the non-discriminatory clauses = in most constitutions, women continue to experience the most = differential and unequal treatment when compared to men when it comes to = the application of personal laws relating to marriage. This is, because = most constitutions in the region also uphold that enjoyment by persons = of their culture, tradition, custom and language should not be = inconsistent with the constitution. This is why we so often read in the = newspapers about most of our local court justices castigating women who = experience marital problems for refusing to have had sex with their = spouses especially when women suspected "foul play" on the part of their = spouses. I think in view of the increasing HIV/AIDS epidemic, = governments and indeed our societies in general should start taking the = issue of marital rape seriously. This should also be coupled by revision = of processes required before one is "certified as having been raped." = The current procedure in many countries is so cumbersome and torturers = that most "victims" of rape would rather suffer in silence than go = through the process. Because of the cumbersome procedures, even if = governments were to be obliged to treat access to anti-retroviral drugs = as a right for survivors of rape, majority of the targeted group might = not be able to benefit. While I support the idea of obliging governments = to treat access to anti-retroviral drugs as a right for survivors of = rape, more should be done legally, by recognizing marital rape as a = crime and simplifying the procedures currently at play before one is = certified to have been raped. Let's talk. Barbara ------=_NextPart_000_0033_01C29560.0C73F440 Content-Type: text/html; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable
Talking about the "need to change the = language"=20 Peter, "humankind" is more inclusive as opposed to "mankind"=20 (smile).
Barbara.
----- Original Message -----
From:=20 ebasadi
To: egemtraining@lists.sn.apc.org = ; Jennifer = Mufune=20
Cc: research@genderlinks.org.za =
Sent: Tuesday, November 26, = 2002 2:33=20 PM
Subject: Re: [Egemtraining] = Discussion=20 topic for this week

Perhaps we need to change the = language and=20 approach- Let start looking at it from an athropological perspective- = because=20 it involves a lot about how mankind has evolved and what determines = certain=20 human  practices. There has to a theory first to explain the=20 antithesis.
 
Peter
----- Original Message -----
From:=20 Jennifer=20 Mufune
To: egemtraining@lists.sn.apc.org =
Cc: research@genderlinks.org.za =
Sent: Tuesday, November 26, = 2002 10:01=20 AM
Subject: Re: [Egemtraining] = Discussion=20 topic for this week

Hallo everyone
This week's topic comes at the = right time=20 for women in Namibia and especially when we are trying to observe = the 16=20 Days of Peace. In response to Alice's e-mail, I would like to share = with you=20 the discussions that have been going on in the Namibian parliament = for the=20 past couple of days talking about the Bill on Combating Domestic = Violence. I=20 can tell you that some of the comments made are enough to drive any = sane=20 person round the bend. I have never heard so much crap coming out of = the=20 mouths of some of the male parliamentarians and ministers who I = believe are=20 deliberately trying to ridicule the Bill.
As can be expected, = the female=20 MPs and Ministers (fortunately) stood together and made some very = good=20 contributions to the debate in parliament with a handful of men, = whilst=20 their male counterparts have done their utmost to trivialize the = whole issue=20 and are trying to pass it off as bedroom/private business. =
Yesterday a=20 deputy minister claimed that the Bill on the Combating of Domestic = Violence=20 was not "necessary" and would serve only a few "elite women." He = went on to=20 claim that he had spoken to ordinary Namibian women who feel that = this bill=20 is unnecessary (we are curious to know who these women are and when = he went=20 round to ask them). He said for the Bill to suggest that "married = couples=20 could also rape each other is un-African".
"I have never heard of = a case=20 where a husband was sent to jail for raping his wife," he=20 charged.

This man's response is a good example of the reality = on the=20 ground and the reason why we fail to see important legislation = passed that=20 will make life better for all because of these attitudes and beliefs = from=20 the mostly male leaders we have. How do we deal with people like = this deputy=20 minister who clearly does not see women's issues as important and = cannot=20 stand up and contribute positively to support legislation that will = make=20 life better for all. How do we go about changing these sort of die = hard=20 attitudes?
Regards,
Jennifer, Windhoek


Dear All
thanks very much=20 Barbara for giving us something to kickstart the discussion. I = agree that=20 this is a challenging issue we have at hand and that we have a lot = f=20 challenges as communicators to. Some of the issues that you = mention which=20 i think we need to grapple with are issues of legal and = constitutional=20 provisions vs the reality on the ground (where mechanims are to = ensure the=20 legal provisions are not available), culture, custom and tradition = vs the=20 human rights of women (especially in marital relationships), the = whole=20 issue of rape and how we can begin to recognise the rights of = survivors to=20 infection. These, I think are some of the issue that we need to be = reviewing and I am looking forward to what others think about = these!!!!!=20 Lets continue to = talk!!
Alice


-----=20 Original Message -----
From:=20 <mailto:blopi@sardc.net>Barbara Lopi
To:=20 <mailto:research@genderlinks.org.za>research ;=20 = <mailto:egemtraining@lists.sn.apc.org>egemtraining@lists.sn.apc.org=
Sent:=20 Monday, November 25, 2002 3:32 PM
Subject: Re: = [Egemtraining]=20 Discussion topic for this week

Dear All
This is another = complex=20 issue to which I could like to submit the following:
HIV/AIDS = is one=20 pandemic that is posing a lot of challenges to our social, = cultural and=20 human rights practices. As individuals and communicators operating = in an=20 environment where anti-retroviral drugs are beyond the reach of = many a=20 people in our countries, we have a challenge to ensure that = cultural and=20 social practices that expose us to the risk of contracting the = HIV/AIDS=20 virus are revisited and revised. But this is not an easy task = because it=20 is one that encompasses dealing legal aspects, such as awareness, = reform=20 and dealing with stigma. For instance, in most of our southern = African=20 countries, despite the guaranteeing of fundamental freedoms to all = citizens and the placing of strong emphasis on the equal worth of = men and=20 women, including the mentioning of sex and marital status in the=20 non-discriminatory clauses in most constitutions, women continue = to=20 experience the most differential and unequal treatment when = compared to=20 men when it comes to the application of personal laws relating to=20 marriage. This is, because most constitutions in the region also = uphold=20 that enjoyment by persons of their culture, tradition, custom = and=20 language should not be inconsistent with the constitution. = This is why=20 we so often read in the newspapers about most of our local court = justices=20 castigating women who experience marital problems for refusing to = have had=20 sex with their spouses especially when women suspected “foul = play” on the=20 part of their spouses. I think in view of the increasing HIV/AIDS=20 epidemic, governments and indeed our societies in general should = start=20 taking the issue of marital rape seriously. This should also be = coupled by=20 revision of processes required before one is “certified as = having been=20 raped.” The current procedure in many countries is so = cumbersome and=20 torturers that most “victims” of rape would rather = suffer in silence than=20 go through the process. Because of the cumbersome procedures, even = if=20 governments were to be obliged to treat access to anti-retroviral = drugs as=20 a right for survivors of rape, majority of the targeted group = might not be=20 able to benefit. While I support the idea of obliging governments = to treat=20 access to anti-retroviral drugs as a right for survivors of rape, = more=20 should be done legally, by recognizing marital rape as a crime and = simplifying the procedures currently at play before one is = certified to=20 have been raped.
Let's=20 = talk.
Barbara
= ------=_NextPart_000_0033_01C29560.0C73F440-- From Fr. Steve Kamanga jnr" Message-ID: <000201c29609$97dfe4e0$01a894d0@computer> This is a multi-part message in MIME format. ------=_NextPart_000_0008_01C295F9.7690ED80 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable Dear all This week's topic is a challenging one. The issue of rape let alone = marital rape is and has always been a crime against the diginity of = humanity. In these modern days, the issue has become a very serious = crime requiring serious attention because of HIV/AIDS. I think = governments in the region are trying to do something but I think the = impact of the action is very minimal because of a number of issues. The = first one being that the HIV/AIDS pandemic has hit the region together = with many other equally serious problems like hunger, wars, political = instabilities etc equally requiring big economic funding. This situation = then has made it very impossible for the governments to teach about the = anti-retroviral drugs and make them available to all the people. There = is a lot of talking but very little is seen being done. Like in Malawi = where three quarters of the population are living below the poverty = line, the drug is still very expensive despite the efforts of government = to subsidize over the price of the drug. In some cases, the issue of the = drugs has been politicized so much that some political leaders wish to = use the drug to advance their wishes and gains. In any case, the feeling = is very strong that governments should be obliged to treat access to the = drug a right to all especially the survivors of rape. Since access to the drug is very limited due to the reasons mentioned = above, there is need to find a way of minimizing the risk of contracting = the disease especially to the women who according to research are more = vulnerable than men. I think the only lasting solution would not be far = from the one we discussed in last week's discussion. The issue of = culture. We realise with a lot sadness that it is culture (as understood = by many) that gives to man automatic conjugal rights that leaves women = at risking positions. The situation where man believes he is the master = of his wife on matters of sex no matter what is originating from what = people have socially grown to learn in their society through formal but = mostly informal lessons and they believe that is within their culture. = Together with the men, women also have grown to believe in the same way. = I am a wife I cant refuse sex in whatever situation I am otherwise I = will not be worthy a wife, or I loose my marriage or I allow my husband = to fetch for some sex elsewhere. So I do it in as long as HE needs it. = Now to change it we must move towards changing our cultures. As we said = in our last week's discussion, it is not easy to change culture. If = anything then that must be a long term plan. You cant rise up in a day = to change culture. Culture involves change of mentality of the people in = society. We need to do the changing perhaps through what others have = called gender mainstreaming where we include issues og gender equality = in all aspects of our lives; education systems, religious beliefs, = traditional initiations, etc. In this case we will be allowing what we = conceive as culture to recognize the equality of people hence equal = accessibility to different rights including conjugal right. Governments = I believe must be on the forefront to initiate such changes by providing = possibility of modifying what we have and what we are to ensure true = standard of accessibility to human rights. In most of the countries in = the region, as I see in Malawi, this work is being carried out too = slowly where perhaps laws will be inserted into the constitution to = safeguard the woman from rape in side marriage. one reason behind this = being I don't see good representation of women in many decision making = groups in the countries of this region. the parliaments, legal = practitioners etc and male dominated and the impact of women is very = low. Who can give true testimony of marital rape apart from women = themselves who are mostly the victims at the hands of men who mostly = play the perpetrator. There is need therefore to intensify schooling on = these issue more men than women because I believe if men understand the = cry they will find a way out of the problem. Teach and convince the law = makers, the planners, the church leaders. Sorry it is long. Steve ----- Original Message -----=20 From: research=20 To: egemtraining@lists.sn.apc.org=20 Sent: Monday, November 25, 2002 9:34 AM Subject: [Egemtraining] Discussion topic for this week Dear All =20 I do trust you had a restful weekend and you are peacefully observing = the 16 Days of Peace!! This week's topic focuses on one of the most = ignored violations of women's rights...marital rape!! It is imperative = that we begin to grapple with it as we reflect on and challenge cultural = practices that discriminate women.=20 Marital Rape? Some countries are still not convinced and plead culture = =20 There are mixed reactions to the idea of laws against marital rape in = some countries in southern Africa. Although some countries have already = enacted laws to protect people against marital rape, some are still not = convinced that it is an offence that warrants legal provisions. This is = generally so because most countries in the region regard marriage, = especially payment of lobola, as granting men the right to demand sex as = and when they wish. Culturally, once married a husband has conjugal = rights over his wife. Sex, whether forced or consented, is regarded the = husband's right. =20 Research shows that women in marital relationships are more vulnerable = to HIV/AIDS due to their limited power to negotiate safe sex. But some = countries still think this does not warrant a law on marital rape.=20 =20 However, while in the past the general belief was that sex workers are = the most vulnerable to HIV/AIDS infection, trends in the region seem to = indicate that it is women in marital relationships that are more = vulnerable to infection and this is even more so where they are in = abusive relationships and partners do not respect their rights. =20 Other cultural and customary practices such as polygamy add to the = vulnerability of women. While polygamy exposes all parties involved to = HIV/AIDS infection, the risk tends to be higher where there is gender = violence and the involved partners refuse to get tested. Women in such = relationships may end up risking their lives for fear of losing the = husband or losing his favour.=20 =20 The other challenge for the region is that rape, whether in marriage = or outside put women at higher risk of contracting the HIV virus. While = some countries have tried to make anti-retroviral drugs easily available = to survivors of rape, others have lagged behind for both economic and = political reasons. And even in those countries where the drugs have been = available, do women know about them and are they well informed to demand = their right to them? Should these drugs be a right or a privilege? =20 =20 Questions: =20 1) How should we deal with culture, especially in most Southern = African countries, that give automatic conjugal rights to men, even = where women are at risk of contracting the HIV/AIDS virus? Are our = governments taking the issue seriously? 2) Should governments be obliged to treat access to = anti-retroviral drugs as a right for survivors of rape? How accessible = are these drugs and do people have enough information and knowledge = about them.=20 Alice Kwaramba Senior Researcher Gender Links 1 Ernest Oppenheimer Street Lower Ground Floor Lakeside Place Bruma, 2198 Johannesburg South Africa Tel: +27 11 622 2877/7796 Fax: +27 11 622 4732 Email: alice@genderlinks.org.za research@genderlinks.org.za URL: www.genderlinks.org.za ------=_NextPart_000_0008_01C295F9.7690ED80 Content-Type: text/html; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable
Dear all
 
This week's topic is a challenging one. = The issue=20 of rape let alone marital rape is and has always been a crime against = the=20 diginity of humanity. In these modern days, the issue has become a very = serious=20 crime requiring serious attention because of HIV/AIDS. I think = governments in=20 the region are trying to do something but I think the impact of the = action is=20 very minimal because of a number of issues. The first one being that the = HIV/AIDS pandemic has hit the region together with many other equally = serious=20 problems like hunger, wars, political instabilities etc equally = requiring big=20 economic funding. This situation then has made it very impossible for = the=20 governments to teach about the anti-retroviral drugs and make them = available to=20 all the people. There is a lot of talking but very little is seen being = done.=20 Like in Malawi where three quarters of the population are living below = the=20 poverty line, the drug is still very expensive despite the efforts of = government=20 to subsidize over the price of the drug. In some cases, the issue of the = drugs=20 has been politicized so much that some political leaders wish to use the = drug to=20 advance their wishes and gains. In any case, the feeling is very strong = that=20 governments should be obliged to treat access to the drug a right to all = especially the survivors of rape.
Since access to the drug is very = limited due to the=20 reasons mentioned above, there is need to find a way of minimizing the = risk of=20 contracting the disease especially to the women who according to = research are=20 more vulnerable than men. I think the only lasting solution would not be = far=20 from the one we discussed in last week's discussion. The issue of = culture. We=20 realise with a lot sadness that it is culture (as understood by many) = that gives=20 to man automatic conjugal rights that leaves women at risking positions. = The=20 situation where man believes he is the master of his wife on matters of = sex no=20 matter what is originating from what people have socially grown to learn = in=20 their society through formal but mostly informal lessons and they = believe that=20 is within their culture. Together with the men, women also have grown to = believe=20 in the same way. I am a wife I cant refuse sex in whatever situation I = am=20 otherwise I will not be worthy a wife, or I loose my marriage or I allow = my=20 husband to fetch for some sex elsewhere. So I do it in as long as HE = needs it.=20 Now to change it we must move towards changing our cultures. As we said = in our=20 last week's discussion, it is not easy to change culture. If anything = then that=20 must be a long term plan. You cant rise up in a day to change culture. = Culture=20 involves change of mentality of the people in society. We need to do the = changing perhaps through what others have called gender mainstreaming = where we=20 include issues og gender equality in all aspects of our lives; education = systems, religious beliefs, traditional initiations, etc. In this case = we will=20 be allowing what we conceive as culture to recognize the equality of = people=20 hence equal accessibility to different rights including conjugal right.=20 Governments I believe must be on the forefront to = initiate such=20 changes by providing possibility of modifying what we have and what we = are to=20 ensure true standard of accessibility to human rights. In most of the = countries=20 in the region, as I see in Malawi, this work is being carried out too = slowly=20 where perhaps laws will be inserted into the constitution to safeguard = the woman=20 from rape in side marriage. one reason behind this being I don't = see good=20 representation of women in many decision making groups in the countries = of this=20 region. the parliaments, legal practitioners etc and male dominated and = the=20 impact of women is very low. Who can give true testimony of marital = rape=20 apart from women themselves who are mostly the victims at the hands of = men who=20 mostly play the perpetrator. There is need therefore to intensify = schooling on=20 these issue more men than women because I believe if men understand the = cry they=20 will find a way out of the problem. Teach and convince the law makers, = the=20 planners, the church leaders.
 
Sorry it is long.
Steve
----- Original Message -----
From:=20 research
To: egemtraining@lists.sn.apc.org =
Sent: Monday, November 25, 2002 = 9:34=20 AM
Subject: [Egemtraining] = Discussion topic=20 for this week

Dear All
 
I do trust you had a restful = weekend and you=20 are peacefully observing the 16 Days of Peace!! This week's topic = focuses on=20 one of the most ignored violations of women's rights...marital rape!! = It is=20 imperative that we begin to grapple with it as we reflect on and = challenge=20 cultural practices that discriminate women.
 
 

Marital=20 Rape? Some countries are still not convinced and plead culture=20

 

There are mixed reactions to the idea of = laws=20 against marital rape in some countries in southern Africa. Although = some=20 countries have already enacted laws to protect people against marital = rape,=20 some are still not convinced that it is an offence that warrants legal = provisions. This is generally so because most countries in the region = regard=20 marriage, especially payment of lobola, as granting men the right to = demand=20 sex as and when they wish. Culturally, once married a husband has = conjugal=20 rights over his wife. Sex, whether forced or consented, is regarded = the=20 husband’s right.

 

Research shows that women in marital = relationships=20 are more vulnerable to HIV/AIDS due to their limited power to = negotiate safe=20 sex. But some countries still think this does not warrant a law on = marital=20 rape.

 

However, while in the past the general = belief was=20 that sex workers are the most vulnerable to HIV/AIDS infection, trends = in the=20 region seem to indicate that it is women in marital relationships that = are=20 more vulnerable to infection and this is even more so where they are = in=20 abusive relationships and partners do not respect their=20 rights.

 

Other cultural and customary practices = such as=20 polygamy add to the vulnerability of women. While polygamy exposes all = parties=20 involved to HIV/AIDS infection, the risk tends to be higher where = there is=20 gender violence and the involved partners refuse to get tested. Women = in such=20 relationships may end up risking their lives for fear of losing the = husband or=20 losing his favour.

 

The other challenge for the region is = that rape,=20 whether in marriage or outside put women at higher risk of contracting = the HIV=20 virus. While some countries have tried to make anti-retroviral drugs = easily=20 available to survivors of rape, others have lagged behind for both = economic=20 and political reasons. And even in those countries where the drugs = have been=20 available, do women know about them and are they well informed to = demand their=20 right to them? Should these drugs be a right or a = privilege?  

 

Questions:

 

1)     =20 How should we deal with = culture,=20 especially in most Southern African countries, that give automatic = conjugal=20 rights to men, even where women are at risk of contracting the = HIV/AIDS virus?=20 Are our governments taking the issue seriously?

2)     =20 Should governments be = obliged to=20 treat access to anti-retroviral drugs as a right for survivors of = rape?  How accessible are these = drugs and do=20 people have enough information and knowledge about them. =

 
 
Alice Kwaramba
Senior = Researcher
Gender=20 Links
1 Ernest Oppenheimer Street
Lower Ground Floor
Lakeside = Place
Bruma, 2198
Johannesburg
South Africa
Tel: +27 11 = 622=20 2877/7796
Fax: +27 11 622 4732
Email: alice@genderlinks.org.za
=          =20 research@genderlinks.org.za
URL:=20 www.genderlinks.org.za
<= /DIV> ------=_NextPart_000_0008_01C295F9.7690ED80-- From ebasadi@info.bw Wed Nov 27 14:19:05 2002 From: ebasadi@info.bw (Emang Basadi) Date: Wed, 27 Nov 2002 16:19:05 +0200 Subject: [Egemtraining] Marital Rape Message-ID: Yes first to accept that it does exist. B ut the querstion is are women -all women not just who understand it see it that way. Because that should be the first thing to understand in order to find solutions both legally and socially. Peter --- Outgoing mail is certified Virus Free. Checked by AVG anti-virus system (http://www.grisoft.com). Version: 6.0.401 / Virus Database: 226 - Release Date: 09/10/02 From ebasadi@info.bw Wed Nov 27 14:29:18 2002 From: ebasadi@info.bw (Emang Basadi) Date: Wed, 27 Nov 2002 16:29:18 +0200 Subject: [Egemtraining] hear, hear In-Reply-To: <200211182010.WAA13746@dailynews.co.zw> Message-ID: This is a multi-part message in MIME format. ------=_NextPart_000_000E_01C29632.21FC28A0 Content-Type: text/plain; charset="Windows-1252" Content-Transfer-Encoding: 7bit hear, hearYes but whose culture is it- that seems to dehuminise others and uplift other. Ithink there is hierarchy in this kind of culture and really there nothing good and bad about it- It should be looked at from a different angle rather because looking at it from that perspective does help in terms of offering not giving an anylitic insight- what we need is somerthing that can show the evolution of humnkind with in time and spapce. For instance the king represent the ruling class and that how they want us to believe that there something called culture- instead it is rather a ritual. It thgen appeares that anything that dehuminises others especially the weak and marginalised can not be said to identicasl to classical practices- though it terms of classics it was there that the ruling class wouls create a fort for them and make it appear that it si something that should /can be shared by all. Culture is something that was created and givem meaning the ruling class as it does not give identity to all. It something psychological in that it want to create a cvommon identity and people especially the powerless find solance in it- while the ruling class benefit from such constructions. this is just a thought P. Tshukudu -----Original Message----- From: egemtraining-admin@lists.sn.apc.org [mailto:egemtraining-admin@lists.sn.apc.org]On Behalf Of Columbus S. Mavhunga Sent: 18 November 2002 17:31 To: research; egemtraining Subject: [Egemtraining] hear, hear Folks, I must confess that my submissions are going to be 'affected' by what Lindiwe said. She brought very relevant points which will be my starting points and I will just try to reinforce them and add anything if she has anything that she left out. ----------- ----------- ----------- ----------- ----------- ------------ ------- ----- ----- As Lindi was signing off she said: "Culture can be used to advance or secure people's positions... I need to make it clear that I do not think that culture is all bad." I think African culture is one thing I have ever liked - debatable of course this is. It was 'invented' to make life nice for every African - from the king to the poorest person like me - be it a male or a female. Kings were meant to make sure that the customs were adhered to hence there was an indaba (royal court) where those who would have breached the cultural norms would be tried. But in the case of Swazi king - if at all he still deserves the title king - we are dealing without someone who is trying to manipulate a system. Culturally, Kings were meant to protect the vulnerable, but in the case of Mswati he has decided to feed on the prey. Do I hear someone say a who will protect the flock from preditors when the shephered starts pounding on his flock unjustifiably? In a real African culture there is no 'marriage' that would take place between a bride and a bridegroom without the consent of the bride's family. The marriage, in fact, needs the blessings of both in-laws. I am surprised that Mswati he abducted Zena without the consent of her mother (Lindiwe Dlamini). What makes it worse is that Zena is just 18 years old. I stand to be corrected if African culture did not respect the rights of a minor. If Mswati was to stand by his "African culture' what then is he going to do when it comes to the wedding ceremony. (I cannot recall the traditional name.) It has to involve both in-laws, doesn't it? There is noone who would want to 'destroy our customs and traditions' as Mswati claims. But he must use his greedness in the name of culture otherwise we we would sought the help of the West and human right activists to destroy it. Mswati even boasts further: "I can be blamed left and right, but the fact of the matter is that it is our culture that I should marry many wives as I can. I cannot allow myself to be forced to follow Western culture." Granted, let him marry as many wives as he likes, but he must not rape as many wives as he likes in the guise of culture, in his day and age of the AIDS/HIV pandemic. Let me stress that there no 'clash between customs and modernity' as some people would want to put it. It is simply a clash between a babarian and a civilised society. I wonder if there would be anyone around who would witness the day Mswati regains his conscience and be asked what happens if he was in the shoes of Mama Dlamini. He would blink hundred times and keep quiet. I am outta here, coil. a --- Outgoing mail is certified Virus Free. Checked by AVG anti-virus system (http://www.grisoft.com). Version: 6.0.401 / Virus Database: 226 - Release Date: 09/10/02 ------=_NextPart_000_000E_01C29632.21FC28A0 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable hear, hear
Yes=20 but whose culture is it- that seems to dehuminise others and uplift = other.=20 Ithink there is hierarchy in this kind of culture and really there = nothing good=20 and bad about it- It should be looked at from a different angle rather = because=20 looking at it from that perspective does help in terms of offering not = giving an=20 anylitic insight- what we need is somerthing that can show the evolution = of=20 humnkind with in time and spapce.
 
For=20 instance the king represent the ruling class and that how they want us = to=20 believe that there something called culture- instead it is rather a = ritual. It=20 thgen appeares that anything that dehuminises others especially the weak = and=20 marginalised can not be said to identicasl to classical practices- = though it=20 terms of classics it was there that the ruling class wouls create a fort = for=20 them and make it appear that it si something that should /can be shared = by all.=20 Culture is something that was created and givem meaning the ruling class = as it=20 does not give identity to all.
 
It=20 something psychological in that it want to create a cvommon identity and = people=20 especially the powerless find solance in it- while the ruling class = benefit from=20 such constructions.
 
 
this=20 is just a thought
 
P.=20 Tshukudu
-----Original Message-----
From:=20 egemtraining-admin@lists.sn.apc.org=20 [mailto:egemtraining-admin@lists.sn.apc.org]On Behalf Of = Columbus S.=20 Mavhunga
Sent: 18 November 2002 17:31
To: = research;=20 egemtraining
Subject: [Egemtraining] hear,=20 hear

Folks, I must confess that my submissions are = going=20 to be 'affected' by what Lindiwe said. She brought very relevant = points which=20 will be my starting points and I will just try to reinforce them and = add=20 anything if she has anything that she left out.
-----------=20      -----------   ----------- = -----------=20      ----------- =     ------------=20     -------  ----- -----
As Lindi was = signing off=20 she said: "Culture can be used to advance or secure people's = positions... I=20 need to make it clear that I do not think that culture is all = bad."
I think=20 African culture is one thing I have ever liked - debatable of course = this is.=20 It was 'invented' to make life nice for every African - from the king = to the=20 poorest person like me - be it a male or a female.
Kings were = meant to=20 make sure that the customs were adhered to hence there was an = indaba=20 (royal court) where those who would have breached the cultural = norms=20 would be tried.
But in the case of Swazi king - if at all he still = deserves the title king - we are dealing without someone who is trying = to=20 manipulate a system. Culturally, Kings were meant to protect the = vulnerable,=20 but in the case of Mswati he has decided to feed on the prey. Do I = hear=20 someone say a who will protect the flock from preditors when the = shephered=20 starts pounding on his flock unjustifiably?
In a real African = culture there=20 is no 'marriage' that would take place between a bride and a = bridegroom=20 without the consent of the bride's family. The marriage, in fact, = needs the=20 blessings of both in-laws. I am surprised that Mswati he abducted Zena = without=20 the consent of her mother (Lindiwe Dlamini).  What makes it worse = is that=20 Zena is just 18 years old.
I stand to be corrected if African = culture did=20 not respect the rights of a minor.
If Mswati was to stand by his = "African=20 culture' what then is he going to do when it comes to the wedding = ceremony. (I=20 cannot recall the traditional name.) It has to involve both in-laws, = doesn't=20 it?
There is noone who would want to  'destroy our customs and = traditions' as Mswati claims. But he must use his greedness in the = name of=20 culture otherwise we we would sought the help of the West and human = right=20 activists to destroy it.
Mswati even boasts further: "I can be = blamed left=20 and right, but the fact of the matter is that it is our culture that I = should=20 marry many wives as I can. I cannot allow myself to be forced to = follow=20 Western culture."  
Granted, let him marry as many wives as he = likes,=20 but he must not rape as many wives as he likes in the guise of = culture, in his=20 day and age of the AIDS/HIV pandemic.
Let me stress that there no = 'clash=20 between customs and modernity' as some people would want to put it. It = is=20 simply a clash between a babarian and a civilised society.
 I = wonder=20 if there would be anyone around who would witness the day Mswati = regains his=20 conscience and be asked what happens if he was in the shoes of Mama = Dlamini.=20 He would blink hundred times and keep quiet.

I am outta=20 here,

coil.


 a
------=_NextPart_000_000E_01C29632.21FC28A0-- From HardyC@law.wits.ac.za Thu Nov 28 12:31:01 2002 From: HardyC@law.wits.ac.za (Chloe Hardy) Date: Thu, 28 Nov 2002 14:31:01 +0200 Subject: [Egemtraining] Marital rape and HIV References: <003201c29455$27d7f2b0$0e00a8c0@ALICEK> Message-ID: <001601c296da$02ff06e0$2e228d92@fnb.wits.ac.za> This is a multi-part message in MIME format. ------=_NextPart_000_0013_01C296EA.C64DDB20 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable Hi everyone Here are a few thoughts on marital rape in the context of the HIV = epidemic: In sub-Saharan Africa, HIV is increasingly affecting women. This is = because women are biologically more vulnerable to HIV infection, and = because of social factors, such as gender inequality. It is difficult = to speak sweepingly about culture, but generally (and this is probably = true around the world), it is considered more acceptable for men to have = multiple sexual partners than women. Migrant labour contributes to this = problem, with men tending to have a family home, while in engaging in a = variety of relationships with other women in their areas of work. Women, particularly married women, are often financially dependent on = their male partners, and simply have no say in matters of sex and = reproduction. For a variety of complex social, economic and cultural = reasons, they are unable to insist that their husband's use condoms or = remain faithful. Many women are aware of their husband's extramarital = affairs, but powerless to stop them. When domestic violence (and = marital rape is an extreme form of domestic violence) is present in a = relationship, it is even more difficult for a woman to insist on safer = sex. One of the myths about HIV is that it is confined to certain "high risk" = groups, such as sex workers. The reality is that HIV is transmitted = where-ever people have multiple partners and unsafe sex. Married women = are a particularly vulnerable group, because it is very difficult for = them to ask their husband to use condoms; they can be faithful = themselves, but have no power to prevent their husbands from having = affairs; and they risk being raped by their husbands if they try to = abstain from sex. Providing PEP (anti-retroviral drugs to prevent HIV infection) to = survivors of marital rape may also not be feasible. PEP has been used = for many years to prevent HIV infection in health care workers who have = sustained needle-stick injuries. Basically, the drugs are taken for 28 = days after the incident, and prevent infection after a single, high-risk = exposure. Recently, PEP has been recommended for preventing HIV = infection after rape, as rape is usually also a single, risk exposure, = and the same principles apply. However, PEP is not effective where a = person is repeatedly exposed to HIV. Unfortunately, it is unlikely to = be effective in situations of marital rape, because there is a good = chance that if the husband is HIV positive, his wife will already have = been exposed to the virus during consensual sex (or during previous = marital rapes). There is also the likelihood that she will be exposed = again in future, if she continues to live with him. PEP would probably = only be effective in the rare cases where a woman had not previously = been infected by an HIV positive husband, and has left him immediately = after the rape. As you can see, women's lack of power in sexual relationships (including = marriage) is a major contributing factor to the spread of HIV. Put = another way, if we are to successfully combat HIV, we need to challenge = men's power over women's bodies. Thanks very much Chloe Hardy AIDS Law Project ------=_NextPart_000_0013_01C296EA.C64DDB20 Content-Type: text/html; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable
Hi everyone
 
Here are a few thoughts on marital rape = in the=20 context of the HIV epidemic:
 
In sub-Saharan Africa, HIV is = increasingly=20 affecting women.  This is because women are biologically more = vulnerable to=20 HIV infection, and because of social factors, such as gender = inequality. =20 It is difficult to speak sweepingly about culture, but generally (and = this is=20 probably true around the world), it is considered more acceptable for = men to=20 have multiple sexual partners than women.  Migrant labour = contributes to=20 this problem, with men tending to have a family home, while in engaging = in a=20 variety of relationships with other women in their areas of = work.
 
Women, particularly married women, are = often=20 financially dependent on their male partners, and simply have no say in = matters=20 of sex and reproduction.  For a variety of complex social, economic = and=20 cultural reasons, they are unable to insist that their husband's use = condoms or=20 remain faithful.  Many women are aware of their husband's = extramarital=20 affairs, but powerless to stop them.  When domestic violence (and = marital=20 rape is an extreme form of domestic violence) is present in a = relationship, it=20 is even more difficult for a woman to insist on safer sex.
 
One of the myths about HIV is that it = is confined=20 to certain "high risk" groups, such as sex workers.  The reality is = that=20 HIV is transmitted where-ever people have multiple partners and unsafe=20 sex.  Married women are a particularly vulnerable group, because it = is very=20 difficult for them to ask their husband to use condoms; they can be = faithful=20 themselves, but have no power to prevent their husbands from having = affairs; and=20 they risk being raped by their husbands if they try to abstain from=20 sex.
 
Providing PEP (anti-retroviral drugs to = prevent HIV=20 infection) to survivors of marital rape may also not be feasible.  = PEP has=20 been used for many years to prevent HIV infection in health care workers = who=20 have sustained needle-stick injuries.  Basically, the drugs are = taken for=20 28 days after the incident, and prevent infection after a single, = high-risk=20 exposure.  Recently, PEP has been recommended for preventing HIV = infection=20 after rape, as rape is usually also a single, risk exposure, and the = same=20 principles apply.  However, PEP is not effective where a person is=20 repeatedly exposed to HIV.  Unfortunately, it is unlikely to be = effective=20 in situations of marital rape, because there is a good chance that if = the=20 husband is HIV positive, his wife will already have been exposed to the = virus=20 during consensual sex (or during previous marital rapes).  There=20 is also the likelihood that she will be exposed again in future, if = she=20 continues to live with him.  PEP would probably only be effective = in the=20 rare cases where a woman had not previously been infected by an HIV = positive=20 husband, and has left him immediately after the rape.
 
As you can see, women's lack of power = in sexual=20 relationships (including marriage) is a major contributing factor to the = spread=20 of HIV.  Put another way, if we are to successfully combat HIV, we = need to=20 challenge men's power over women's bodies.
 
Thanks very much
Chloe Hardy
AIDS Law = Project
------=_NextPart_000_0013_01C296EA.C64DDB20-- From research@genderlinks.org.za Fri Nov 29 11:12:21 2002 From: research@genderlinks.org.za (research) Date: Fri, 29 Nov 2002 13:12:21 +0200 Subject: [Egemtraining] Marital rape and HIV References: <003201c29455$27d7f2b0$0e00a8c0@ALICEK> <001601c296da$02ff06e0$2e228d92@fnb.wits.ac.za> Message-ID: <007501c29798$30e9b140$0e00a8c0@ALICEK> This is a multi-part message in MIME format. ------=_NextPart_000_0072_01C297A8.F3C21D00 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable Dear All Thank you so much for a fruitful week of discussing a very thorny = subject to say the least. This week has also been a sad one for us at = the office, with Alice taking ill with chicken pox and being in bed for = the better part of the week. We send her our love and well wishes. Thanks to Chloe for wrapping this weeks discussions, as well as for the = pertinent issues she raises including: 1.How at the core of the problem relating to marital rape ( and any form = of rape for that matter) is the gender power imbalances, entrenched in = cultures and patriarchal ways of being. 2. Chloe raises also a more serious issue, relating to the difficulty = posed to women who may be exposed to HIV repeatedly through their = husbands, and how this pattern makes almost "futile" the administration = of antiretroviral drugs to this section of the community. We are left then, Chloe re-emphasises, with but one sure fire solution = in the management of HIV within marriages, where women mostly cannot = negotiate safe sex, with the collective responsibility, as communities, = as communicators to work towards ushering in a society where gender = imbalances are addressed with the urgency they deserve. A number of Other interesting points were raised by all who = participated, including: a. How the HIV pandemic has forced us as society to deal with the more = underlying social ills that give rise to the festering of the problem = with which we sit. b. The economic problems that make ARV's out of reach for the poorest of = the poor, the majority of which are women. c. The legal problems that women face in reconciling what rights they = may be afforded by Human Rights Instruments ) and the conflict between = those instruments and the local laws that apply to women personally.In = particular within a cultural context, the naming of marital rape as rape d. The trauma through which survivors of rape have to go through in = "proving that their rape meets the country defined criteria" for rape, = amounting to their revictimisation. e. We also heard the anecdotal account of the going ons in Namibia = currently, regards the Combating of Domestic Violence Bill, and the = response it has received, dubbed private and bedroom politics. f. Malawi's provided a succinct and clear picture on what compounds the = problems of access to ARV's where the region facing co-inciding major = problems that require an economic solution, with poverty high up on the = list, but also demonstrating the interlinkedness of all these problems = and how they continue to feed the pandemic. Cultural beliefs were highlighted again as being at the core of the = pandemic and how in plays itself out in terms of gender. It's also encouraging, to see how amongst each other, questions of = language, which society pays little attention to often, crop up and we = as communicators are on the alert to remind one another of the use of = non exclusionary language. The issues brought up so succinctly by Chloe in wrapping up as well as = the observations listed above, provide a lot more scope for discussion. Lets continue to talk and perhaps try and say, in the quanandram we = face, (multiple exposure to HIV rendering the administration of ARV's = "futile") how do we begin to empower women, or provide space for women = to empower themselves, to claim or reclaim the power to negotiate safer = sex, in light of their economic reliance and cultural obligation to men. Lets continue to talk. Yours in Alice's shoes. Lindiwe Nkutha PS: watch this space in response to the question "how do we view = archived contributions by group members" ----- Original Message -----=20 From: Chloe Hardy=20 To: research ; egemtraining@lists.sn.apc.org=20 Sent: Thursday, November 28, 2002 2:31 PM Subject: Re: [Egemtraining] Marital rape and HIV=20 Hi everyone Here are a few thoughts on marital rape in the context of the HIV = epidemic: In sub-Saharan Africa, HIV is increasingly affecting women. This is = because women are biologically more vulnerable to HIV infection, and = because of social factors, such as gender inequality. It is difficult = to speak sweepingly about culture, but generally (and this is probably = true around the world), it is considered more acceptable for men to have = multiple sexual partners than women. Migrant labour contributes to this = problem, with men tending to have a family home, while in engaging in a = variety of relationships with other women in their areas of work. Women, particularly married women, are often financially dependent on = their male partners, and simply have no say in matters of sex and = reproduction. For a variety of complex social, economic and cultural = reasons, they are unable to insist that their husband's use condoms or = remain faithful. Many women are aware of their husband's extramarital = affairs, but powerless to stop them. When domestic violence (and = marital rape is an extreme form of domestic violence) is present in a = relationship, it is even more difficult for a woman to insist on safer = sex. One of the myths about HIV is that it is confined to certain "high = risk" groups, such as sex workers. The reality is that HIV is = transmitted where-ever people have multiple partners and unsafe sex. = Married women are a particularly vulnerable group, because it is very = difficult for them to ask their husband to use condoms; they can be = faithful themselves, but have no power to prevent their husbands from = having affairs; and they risk being raped by their husbands if they try = to abstain from sex. Providing PEP (anti-retroviral drugs to prevent HIV infection) to = survivors of marital rape may also not be feasible. PEP has been used = for many years to prevent HIV infection in health care workers who have = sustained needle-stick injuries. Basically, the drugs are taken for 28 = days after the incident, and prevent infection after a single, high-risk = exposure. Recently, PEP has been recommended for preventing HIV = infection after rape, as rape is usually also a single, risk exposure, = and the same principles apply. However, PEP is not effective where a = person is repeatedly exposed to HIV. Unfortunately, it is unlikely to = be effective in situations of marital rape, because there is a good = chance that if the husband is HIV positive, his wife will already have = been exposed to the virus during consensual sex (or during previous = marital rapes). There is also the likelihood that she will be exposed = again in future, if she continues to live with him. PEP would probably = only be effective in the rare cases where a woman had not previously = been infected by an HIV positive husband, and has left him immediately = after the rape. As you can see, women's lack of power in sexual relationships = (including marriage) is a major contributing factor to the spread of = HIV. Put another way, if we are to successfully combat HIV, we need to = challenge men's power over women's bodies. Thanks very much Chloe Hardy AIDS Law Project ------=_NextPart_000_0072_01C297A8.F3C21D00 Content-Type: text/html; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable
Dear All
 
Thank you so much for a fruitful week = of discussing=20 a very thorny subject to say the least. This week has also been a sad = one for us=20 at the office, with Alice taking ill with chicken pox and being in bed = for the=20 better part of the week. We send her our love and well = wishes.
 
Thanks to Chloe for wrapping this weeks = discussions, as well as for the pertinent issues she raises=20 including:
1.How at the core of the problem = relating to=20 marital rape ( and any form of rape for that matter) is the gender power = imbalances, entrenched in cultures and patriarchal ways of = being.
2. Chloe raises also a more serious = issue, relating=20 to the difficulty posed to women who may be exposed to HIV repeatedly = through=20 their husbands, and how this pattern makes  almost "futile" the=20 administration of antiretroviral drugs to this section of the=20 community.
 
We are left then, Chloe re-emphasises, = with but one=20 sure fire solution in the management of HIV within marriages, where = women mostly=20 cannot negotiate safe sex, with the collective responsibility, as = communities,=20 as communicators to work towards ushering in a society where gender = imbalances=20 are addressed with the urgency they deserve.
 
A number of Other interesting points = were raised by=20 all who participated, including:
 
a. How the HIV pandemic has forced us = as society to=20 deal with the more underlying social ills that give rise to the = festering of the=20 problem with which we sit.
 
b. The economic problems that make = ARV's out of=20 reach for the poorest of the poor, the majority of which are = women.
 
c. The legal problems that women face = in=20 reconciling what rights they may be afforded by Human Rights Instruments = ) and=20 the conflict between those instruments and the local laws that = apply to=20 women personally.In particular within a cultural context, the naming of = marital=20 rape as rape
 
d. The trauma through which survivors = of rape have=20 to go through in "proving that their rape meets the country defined = criteria"=20 for rape, amounting to their  revictimisation.
 
e. We also heard the anecdotal account = of the going=20 ons in Namibia currently, regards the Combating of Domestic = Violence Bill,=20 and the response it has received, dubbed private and bedroom=20 politics.
 
f. Malawi's provided a succinct and = clear picture=20 on what compounds the problems of access to ARV's where the region = facing =20 co-inciding major problems that require an economic solution, with = poverty high=20 up on the list, but also demonstrating the interlinkedness of all these = problems=20 and how they continue to feed the pandemic.
 
Cultural beliefs were highlighted again = as being at=20 the core of the pandemic and how in plays itself out in terms of=20 gender.
 
It's also encouraging, to see how = amongst each=20 other, questions of language, which society pays little attention to = often, crop=20 up and we as communicators are on the alert to remind one another of the = use of=20 non exclusionary language.
 
The issues brought up so succinctly by = Chloe in=20 wrapping up as well as the observations listed above, provide a lot more = scope=20 for discussion.
 
Lets continue to talk and perhaps try = and say, in=20 the quanandram we face, (multiple exposure to HIV rendering the=20 administration of ARV's "futile") how do we begin to empower women, or = provide=20 space for women to empower themselves, to claim or reclaim the power to=20 negotiate safer sex, in light of their economic reliance and cultural = obligation=20 to men.
 
Lets continue to talk.
 
Yours in Alice's shoes.
 
Lindiwe Nkutha
 
PS: watch this space in response to the = question=20 "how do we view archived contributions by group members"
 
 
 
----- Original Message -----
From:=20 Chloe=20 Hardy
To: research ; egemtraining@lists.sn.apc.o= rg=20
Sent: Thursday, November 28, = 2002 2:31=20 PM
Subject: Re: [Egemtraining] = Marital rape=20 and HIV

Hi everyone
 
Here are a few thoughts on marital = rape in the=20 context of the HIV epidemic:
 
In sub-Saharan Africa, HIV is = increasingly=20 affecting women.  This is because women are biologically more = vulnerable=20 to HIV infection, and because of social factors, such as gender=20 inequality.  It is difficult to speak sweepingly about culture, = but=20 generally (and this is probably true around the world), it is = considered more=20 acceptable for men to have multiple sexual partners than women.  = Migrant=20 labour contributes to this problem, with men tending to have a family = home,=20 while in engaging in a variety of relationships with other women in = their=20 areas of work.
 
Women, particularly married women, = are often=20 financially dependent on their male partners, and simply have no say = in=20 matters of sex and reproduction.  For a variety of complex = social,=20 economic and cultural reasons, they are unable to insist that their = husband's=20 use condoms or remain faithful.  Many women are aware of their = husband's=20 extramarital affairs, but powerless to stop them.  When domestic = violence=20 (and marital rape is an extreme form of domestic violence) is present = in a=20 relationship, it is even more difficult for a woman to insist on safer = sex.
 
One of the myths about HIV is that it = is confined=20 to certain "high risk" groups, such as sex workers.  The reality = is that=20 HIV is transmitted where-ever people have multiple partners and unsafe = sex.  Married women are a particularly vulnerable group, because = it is=20 very difficult for them to ask their husband to use condoms; they can = be=20 faithful themselves, but have no power to prevent their husbands from = having=20 affairs; and they risk being raped by their husbands if they try to = abstain=20 from sex.
 
Providing PEP (anti-retroviral drugs = to prevent=20 HIV infection) to survivors of marital rape may also not be = feasible. =20 PEP has been used for many years to prevent HIV infection in health = care=20 workers who have sustained needle-stick injuries.  Basically, the = drugs=20 are taken for 28 days after the incident, and prevent infection after = a=20 single, high-risk exposure.  Recently, PEP has been recommended = for=20 preventing HIV infection after rape, as rape is usually also a single, = risk=20 exposure, and the same principles apply.  However, PEP is not = effective=20 where a person is repeatedly exposed to HIV.  Unfortunately, it = is=20 unlikely to be effective in situations of marital rape, because there = is a=20 good chance that if the husband is HIV positive, his wife will already = have=20 been exposed to the virus during consensual sex (or during previous = marital=20 rapes).  There is also the likelihood that she will be = exposed again=20 in future, if she continues to live with him.  PEP would probably = only be=20 effective in the rare cases where a woman had not previously been = infected by=20 an HIV positive husband, and has left him immediately after the=20 rape.
 
As you can see, women's lack of power = in sexual=20 relationships (including marriage) is a major contributing factor to = the=20 spread of HIV.  Put another way, if we are to successfully combat = HIV, we=20 need to challenge men's power over women's bodies.
 
Thanks very much
Chloe Hardy
AIDS Law=20 Project
------=_NextPart_000_0072_01C297A8.F3C21D00-- From HardyC@law.wits.ac.za Fri Nov 29 12:57:59 2002 From: HardyC@law.wits.ac.za (Chloe Hardy) Date: Fri, 29 Nov 2002 14:57:59 +0200 Subject: [Egemtraining] Marital rape and HIV References: <003201c29455$27d7f2b0$0e00a8c0@ALICEK> <001601c296da$02ff06e0$2e228d92@fnb.wits.ac.za> <007501c29798$30e9b140$0e00a8c0@ALICEK> Message-ID: <001001c297a6$f22b8960$2e228d92@fnb.wits.ac.za> This is a multi-part message in MIME format. ------=_NextPart_000_000D_01C297B7.B57135E0 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable Dear Lindi Thanks for summing up so nicely. I would just like to emphasize one = point: trying to use anti-retrovirals as PEP to prevent HIV infection = after a marital rape is problematic, because of the risk of multiple = exposures. However, a woman who is diagnosed HIV positive can definitely use = anti-retrovirals as chronic medication to treat the HIV infection. = Anti-retroviral treatment at this stage does not cure HIV, but it does = prolong health and life. In this context, anti-retroviral therapy is = likely to be effective, even if the woman is unable to prevent future = marital rape. Thanks (and get well soon, Alice) Regards Chloe=20 ----- Original Message -----=20 From: research=20 To: Chloe Hardy ; egemtraining@lists.sn.apc.org ; = research@genderlinks.org.za=20 Sent: Friday, November 29, 2002 1:12 PM Subject: Re: [Egemtraining] Marital rape and HIV=20 Dear All =20 Thank you so much for a fruitful week of discussing a very thorny = subject to say the least. This week has also been a sad one for us at = the office, with Alice taking ill with chicken pox and being in bed for = the better part of the week. We send her our love and well wishes. =20 Thanks to Chloe for wrapping this weeks discussions, as well as for = the pertinent issues she raises including: 1.How at the core of the problem relating to marital rape ( and any = form of rape for that matter) is the gender power imbalances, entrenched = in cultures and patriarchal ways of being. 2. Chloe raises also a more serious issue, relating to the difficulty = posed to women who may be exposed to HIV repeatedly through their = husbands, and how this pattern makes almost "futile" the administration = of antiretroviral drugs to this section of the community. =20 We are left then, Chloe re-emphasises, with but one sure fire solution = in the management of HIV within marriages, where women mostly cannot = negotiate safe sex, with the collective responsibility, as communities, = as communicators to work towards ushering in a society where gender = imbalances are addressed with the urgency they deserve. =20 A number of Other interesting points were raised by all who = participated, including: =20 a. How the HIV pandemic has forced us as society to deal with the more = underlying social ills that give rise to the festering of the problem = with which we sit. =20 b. The economic problems that make ARV's out of reach for the poorest = of the poor, the majority of which are women. =20 c. The legal problems that women face in reconciling what rights they = may be afforded by Human Rights Instruments ) and the conflict between = those instruments and the local laws that apply to women personally.In = particular within a cultural context, the naming of marital rape as rape =20 d. The trauma through which survivors of rape have to go through in = "proving that their rape meets the country defined criteria" for rape, = amounting to their revictimisation. =20 e. We also heard the anecdotal account of the going ons in Namibia = currently, regards the Combating of Domestic Violence Bill, and the = response it has received, dubbed private and bedroom politics. =20 f. Malawi's provided a succinct and clear picture on what compounds = the problems of access to ARV's where the region facing co-inciding = major problems that require an economic solution, with poverty high up = on the list, but also demonstrating the interlinkedness of all these = problems and how they continue to feed the pandemic. =20 Cultural beliefs were highlighted again as being at the core of the = pandemic and how in plays itself out in terms of gender. =20 It's also encouraging, to see how amongst each other, questions of = language, which society pays little attention to often, crop up and we = as communicators are on the alert to remind one another of the use of = non exclusionary language. =20 The issues brought up so succinctly by Chloe in wrapping up as well as = the observations listed above, provide a lot more scope for discussion. =20 Lets continue to talk and perhaps try and say, in the quanandram we = face, (multiple exposure to HIV rendering the administration of ARV's = "futile") how do we begin to empower women, or provide space for women = to empower themselves, to claim or reclaim the power to negotiate safer = sex, in light of their economic reliance and cultural obligation to men. =20 Lets continue to talk. =20 Yours in Alice's shoes. =20 Lindiwe Nkutha =20 PS: watch this space in response to the question "how do we view = archived contributions by group members" =20 =20 =20 ----- Original Message -----=20 From: Chloe Hardy=20 To: research ; egemtraining@lists.sn.apc.org=20 Sent: Thursday, November 28, 2002 2:31 PM Subject: Re: [Egemtraining] Marital rape and HIV=20 Hi everyone Here are a few thoughts on marital rape in the context of the HIV = epidemic: In sub-Saharan Africa, HIV is increasingly affecting women. This is = because women are biologically more vulnerable to HIV infection, and = because of social factors, such as gender inequality. It is difficult = to speak sweepingly about culture, but generally (and this is probably = true around the world), it is considered more acceptable for men to have = multiple sexual partners than women. Migrant labour contributes to this = problem, with men tending to have a family home, while in engaging in a = variety of relationships with other women in their areas of work. Women, particularly married women, are often financially dependent = on their male partners, and simply have no say in matters of sex and = reproduction. For a variety of complex social, economic and cultural = reasons, they are unable to insist that their husband's use condoms or = remain faithful. Many women are aware of their husband's extramarital = affairs, but powerless to stop them. When domestic violence (and = marital rape is an extreme form of domestic violence) is present in a = relationship, it is even more difficult for a woman to insist on safer = sex. One of the myths about HIV is that it is confined to certain "high = risk" groups, such as sex workers. The reality is that HIV is = transmitted where-ever people have multiple partners and unsafe sex. = Married women are a particularly vulnerable group, because it is very = difficult for them to ask their husband to use condoms; they can be = faithful themselves, but have no power to prevent their husbands from = having affairs; and they risk being raped by their husbands if they try = to abstain from sex. Providing PEP (anti-retroviral drugs to prevent HIV infection) to = survivors of marital rape may also not be feasible. PEP has been used = for many years to prevent HIV infection in health care workers who have = sustained needle-stick injuries. Basically, the drugs are taken for 28 = days after the incident, and prevent infection after a single, high-risk = exposure. Recently, PEP has been recommended for preventing HIV = infection after rape, as rape is usually also a single, risk exposure, = and the same principles apply. However, PEP is not effective where a = person is repeatedly exposed to HIV. Unfortunately, it is unlikely to = be effective in situations of marital rape, because there is a good = chance that if the husband is HIV positive, his wife will already have = been exposed to the virus during consensual sex (or during previous = marital rapes). There is also the likelihood that she will be exposed = again in future, if she continues to live with him. PEP would probably = only be effective in the rare cases where a woman had not previously = been infected by an HIV positive husband, and has left him immediately = after the rape. As you can see, women's lack of power in sexual relationships = (including marriage) is a major contributing factor to the spread of = HIV. Put another way, if we are to successfully combat HIV, we need to = challenge men's power over women's bodies. Thanks very much Chloe Hardy AIDS Law Project ------=_NextPart_000_000D_01C297B7.B57135E0 Content-Type: text/html; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable
Dear Lindi
 
Thanks for summing up so nicely.  = I would just=20 like to emphasize one point: trying to use anti-retrovirals as PEP to = prevent=20 HIV infection after a marital rape is problematic, because of the risk = of=20 multiple exposures.
 
However, a woman who is diagnosed HIV = positive can=20 definitely use anti-retrovirals as chronic medication to treat the HIV=20 infection.  Anti-retroviral treatment at this stage does not = cure HIV,=20 but it does prolong health and life. In this context, = anti-retroviral=20 therapy is likely to be effective, even if the woman is unable to = prevent=20 future marital rape.
 
Thanks (and get well soon, = Alice)
Regards
Chloe 
----- Original Message -----
From:=20 research
To: Chloe=20 Hardy ; egemtraining@lists.sn.apc.org = ; research@genderlinks.org.za =
Sent: Friday, November 29, 2002 = 1:12=20 PM
Subject: Re: [Egemtraining] = Marital rape=20 and HIV

Dear All
 
Thank you so much for a fruitful week = of=20 discussing a very thorny subject to say the least. This week has also = been a=20 sad one for us at the office, with Alice taking ill with chicken pox = and being=20 in bed for the better part of the week. We send her our love and well=20 wishes.
 
Thanks to Chloe for wrapping this = weeks=20 discussions, as well as for the pertinent issues she raises=20 including:
1.How at the core of the problem = relating to=20 marital rape ( and any form of rape for that matter) is the gender = power=20 imbalances, entrenched in cultures and patriarchal ways of = being.
2. Chloe raises also a more serious = issue,=20 relating to the difficulty posed to women who may be exposed to HIV = repeatedly=20 through their husbands, and how this pattern makes  almost = "futile" the=20 administration of antiretroviral drugs to this section of the=20 community.
 
We are left then, Chloe = re-emphasises, with but=20 one sure fire solution in the management of HIV within marriages, = where women=20 mostly cannot negotiate safe sex, with the collective responsibility, = as=20 communities, as communicators to work towards ushering in a society = where=20 gender imbalances are addressed with the urgency they = deserve.
 
A number of Other interesting points = were raised=20 by all who participated, including:
 
a. How the HIV pandemic has forced us = as society=20 to deal with the more underlying social ills that give rise to the = festering=20 of the problem with which we sit.
 
b. The economic problems that make = ARV's out of=20 reach for the poorest of the poor, the majority of which are=20 women.
 
c. The legal problems that women face = in=20 reconciling what rights they may be afforded by Human Rights = Instruments ) and=20 the conflict between those instruments and the local laws that = apply to=20 women personally.In particular within a cultural context, the naming = of=20 marital rape as rape
 
d. The trauma through which survivors = of rape=20 have to go through in "proving that their rape meets the country = defined=20 criteria" for rape, amounting to their =  revictimisation.
 
e. We also heard the anecdotal = account of the=20 going ons in Namibia currently, regards the Combating of Domestic = Violence Bill, and the response it has received, dubbed private and = bedroom=20 politics.
 
f. Malawi's provided a succinct and = clear picture=20 on what compounds the problems of access to ARV's where the region=20 facing  co-inciding major problems that require an economic = solution,=20 with poverty high up on the list, but also demonstrating the = interlinkedness=20 of all these problems and how they continue to feed the = pandemic.
 
Cultural beliefs were highlighted = again as being=20 at the core of the pandemic and how in plays itself out in terms of=20 gender.
 
It's also encouraging, to see how = amongst each=20 other, questions of language, which society pays little attention to = often,=20 crop up and we as communicators are on the alert to remind one another = of the=20 use of non exclusionary language.
 
The issues brought up so succinctly = by Chloe in=20 wrapping up as well as the observations listed above, provide a lot = more scope=20 for discussion.
 
Lets continue to talk and perhaps try = and say, in=20 the quanandram we face, (multiple exposure to HIV rendering the=20 administration of ARV's "futile") how do we begin to empower women, or = provide=20 space for women to empower themselves, to claim or reclaim the power = to=20 negotiate safer sex, in light of their economic reliance and cultural=20 obligation to men.
 
Lets continue to talk.
 
Yours in Alice's shoes.
 
Lindiwe Nkutha
 
PS: watch this space in response to = the question=20 "how do we view archived contributions by group members"
 
 
 
----- Original Message -----
From:=20 Chloe=20 Hardy
To: research ; egemtraining@lists.sn.apc.org =
Sent: Thursday, November 28, = 2002 2:31=20 PM
Subject: Re: [Egemtraining] = Marital=20 rape and HIV

Hi everyone
 
Here are a few thoughts on marital = rape in the=20 context of the HIV epidemic:
 
In sub-Saharan Africa, HIV is = increasingly=20 affecting women.  This is because women are biologically more=20 vulnerable to HIV infection, and because of social factors, such as = gender=20 inequality.  It is difficult to speak sweepingly about culture, = but=20 generally (and this is probably true around the world), it is = considered=20 more acceptable for men to have multiple sexual partners than = women. =20 Migrant labour contributes to this problem, with men tending to have = a=20 family home, while in engaging in a variety of relationships with = other=20 women in their areas of work.
 
Women, particularly married women, = are often=20 financially dependent on their male partners, and simply have no say = in=20 matters of sex and reproduction.  For a variety of complex = social,=20 economic and cultural reasons, they are unable to insist that their=20 husband's use condoms or remain faithful.  Many women are aware = of=20 their husband's extramarital affairs, but powerless to stop = them.  When=20 domestic violence (and marital rape is an extreme form of domestic = violence)=20 is present in a relationship, it is even more difficult for a woman = to=20 insist on safer sex.
 
One of the myths about HIV is that = it is=20 confined to certain "high risk" groups, such as sex workers.  = The=20 reality is that HIV is transmitted where-ever people have multiple = partners=20 and unsafe sex.  Married women are a particularly vulnerable = group,=20 because it is very difficult for them to ask their husband to use = condoms;=20 they can be faithful themselves, but have no power to prevent their = husbands=20 from having affairs; and they risk being raped by their husbands if = they try=20 to abstain from sex.
 
Providing PEP (anti-retroviral = drugs to prevent=20 HIV infection) to survivors of marital rape may also not be = feasible. =20 PEP has been used for many years to prevent HIV infection in health = care=20 workers who have sustained needle-stick injuries.  Basically, = the drugs=20 are taken for 28 days after the incident, and prevent infection = after a=20 single, high-risk exposure.  Recently, PEP has been recommended = for=20 preventing HIV infection after rape, as rape is usually also a = single, risk=20 exposure, and the same principles apply.  However, PEP is not = effective=20 where a person is repeatedly exposed to HIV.  Unfortunately, it = is=20 unlikely to be effective in situations of marital rape, because = there is a=20 good chance that if the husband is HIV positive, his wife will = already have=20 been exposed to the virus during consensual sex (or during previous = marital=20 rapes).  There is also the likelihood that she will be = exposed=20 again in future, if she continues to live with him.  PEP would = probably=20 only be effective in the rare cases where a woman had not previously = been=20 infected by an HIV positive husband, and has left him immediately = after the=20 rape.
 
As you can see, women's lack of = power in sexual=20 relationships (including marriage) is a major contributing factor to = the=20 spread of HIV.  Put another way, if we are to successfully = combat HIV,=20 we need to challenge men's power over women's bodies.
 
Thanks very much
Chloe Hardy
AIDS Law=20 Project
------=_NextPart_000_000D_01C297B7.B57135E0-- From research at genderlinks.org.za Mon Nov 25 09:34:56 2002 From: research at genderlinks.org.za (research) Date: Tue Feb 27 14:10:58 2007 Subject: [Egemtraining] Discussion topic for this week Message-ID: <003201c29455$27d7f2b0$0e00a8c0@ALICEK> Dear All I do trust you had a restful weekend and you are peacefully observing the 16 Days of Peace!! This week's topic focuses on one of the most ignored violations of women's rights...marital rape!! It is imperative that we begin to grapple with it as we reflect on and challenge cultural practices that discriminate women. Marital Rape? Some countries are still not convinced and plead culture There are mixed reactions to the idea of laws against marital rape in some countries in southern Africa. Although some countries have already enacted laws to protect people against marital rape, some are still not convinced that it is an offence that warrants legal provisions. This is generally so because most countries in the region regard marriage, especially payment of lobola, as granting men the right to demand sex as and when they wish. Culturally, once married a husband has conjugal rights over his wife. Sex, whether forced or consented, is regarded the husband's right. Research shows that women in marital relationships are more vulnerable to HIV/AIDS due to their limited power to negotiate safe sex. But some countries still think this does not warrant a law on marital rape. However, while in the past the general belief was that sex workers are the most vulnerable to HIV/AIDS infection, trends in the region seem to indicate that it is women in marital relationships that are more vulnerable to infection and this is even more so where they are in abusive relationships and partners do not respect their rights. Other cultural and customary practices such as polygamy add to the vulnerability of women. While polygamy exposes all parties involved to HIV/AIDS infection, the risk tends to be higher where there is gender violence and the involved partners refuse to get tested. Women in such relationships may end up risking their lives for fear of losing the husband or losing his favour. The other challenge for the region is that rape, whether in marriage or outside put women at higher risk of contracting the HIV virus. While some countries have tried to make anti-retroviral drugs easily available to survivors of rape, others have lagged behind for both economic and political reasons. And even in those countries where the drugs have been available, do women know about them and are they well informed to demand their right to them? Should these drugs be a right or a privilege? Questions: 1) How should we deal with culture, especially in most Southern African countries, that give automatic conjugal rights to men, even where women are at risk of contracting the HIV/AIDS virus? Are our governments taking the issue seriously? 2) Should governments be obliged to treat access to anti-retroviral drugs as a right for survivors of rape? How accessible are these drugs and do people have enough information and knowledge about them. Alice Kwaramba Senior Researcher Gender Links 1 Ernest Oppenheimer Street Lower Ground Floor Lakeside Place Bruma, 2198 Johannesburg South Africa Tel: +27 11 622 2877/7796 Fax: +27 11 622 4732 Email: alice@genderlinks.org.za research@genderlinks.org.za URL: www.genderlinks.org.za -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.sn.apc.org/pipermail/egemtraining/attachments/20021125/998db021/attachment.htm From blopi at sardc.net Mon Nov 25 15:32:13 2002 From: blopi at sardc.net (Barbara Lopi) Date: Tue Feb 27 14:10:58 2007 Subject: [Egemtraining] Discussion topic for this week References: <003201c29455$27d7f2b0$0e00a8c0@ALICEK> Message-ID: <013c01c29487$143293f0$b300aac0@Barbara> Dear All This is another complex issue to which I could like to submit the following: HIV/AIDS is one pandemic that is posing a lot of challenges to our social, cultural and human rights practices. As individuals and communicators operating in an environment where anti-retroviral drugs are beyond the reach of many a people in our countries, we have a challenge to ensure that cultural and social practices that expose us to the risk of contracting the HIV/AIDS virus are revisited and revised. But this is not an easy task because it is one that encompasses dealing legal aspects, such as awareness, reform and dealing with stigma. For instance, in most of our southern African countries, despite the guaranteeing of fundamental freedoms to all citizens and the placing of strong emphasis on the equal worth of men and women, including the mentioning of sex and marital status in the non-discriminatory clauses in most constitutions, women continue to experience the most differential and unequal treatment when compared to men when it comes to the application of personal laws relating to marriage. This is, because most constitutions in the region also uphold that enjoyment by persons of their culture, tradition, custom and language should not be inconsistent with the constitution. This is why we so often read in the newspapers about most of our local court justices castigating women who experience marital problems for refusing to have had sex with their spouses especially when women suspected "foul play" on the part of their spouses. I think in view of the increasing HIV/AIDS epidemic, governments and indeed our societies in general should start taking the issue of marital rape seriously. This should also be coupled by revision of processes required before one is "certified as having been raped." The current procedure in many countries is so cumbersome and torturers that most "victims" of rape would rather suffer in silence than go through the process. Because of the cumbersome procedures, even if governments were to be obliged to treat access to anti-retroviral drugs as a right for survivors of rape, majority of the targeted group might not be able to benefit. While I support the idea of obliging governments to treat access to anti-retroviral drugs as a right for survivors of rape, more should be done legally, by recognizing marital rape as a crime and simplifying the procedures currently at play before one is certified to have been raped. Let's talk. Barbara -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.sn.apc.org/pipermail/egemtraining/attachments/20021125/a694cbc2/attachment.html From research at genderlinks.org.za Mon Nov 25 17:11:41 2002 From: research at genderlinks.org.za (research) Date: Tue Feb 27 14:10:58 2007 Subject: [Egemtraining] Re: [Egemtraining] References: <3DDE74AB.4739.27177ED@localhost> Message-ID: <004101c29494$f5d0fce0$0e00a8c0@ALICEK> Lindiwe thanks very much for this additionl information Lindiwe. I hope we all make use of these resources and that we will continue to share with the gorup whatever other materials we come across. regards ----- Original Message ----- From: "ndzundzu" <120409@uniswacc.uniswa.sz> To: "research" Sent: Friday, November 22, 2002 6:17 PM Subject: Re: [Egemtraining] > Hi all, > > In the light of this week's discussions, I would like to draw your attention to an IPS publication > "Culture, Religion and Gender" - a training manual for the media. This publication deliberates > on the issues we have discussed and I'd say is a must-have for this era's > journalists/communicators. > I guess you all know IPS, Inter Press Service, since it has satellite communication links to > 1200 countries or so. > > Enjoy your weekend! > From research at genderlinks.org.za Mon Nov 25 17:20:39 2002 From: research at genderlinks.org.za (research) Date: Tue Feb 27 14:10:58 2007 Subject: [Egemtraining] Discussion topic for this week References: <003201c29455$27d7f2b0$0e00a8c0@ALICEK> <013c01c29487$143293f0$b300aac0@Barbara> Message-ID: <004c01c29496$36c99120$0e00a8c0@ALICEK> Dear All thanks very much Barbara for giving us something to kickstart the discussion. I agree that this is a challenging issue we have at hand and that we have a lot f challenges as communicators to. Some of the issues that you mention which i think we need to grapple with are issues of legal and constitutional provisions vs the reality on the ground (where mechanims are to ensure the legal provisions are not available), culture, custom and tradition vs the human rights of women (especially in marital relationships), the whole issue of rape and how we can begin to recognise the rights of survivors to infection. These, I think are some of the issue that we need to be reviewing and I am looking forward to what others think about these!!!!! Lets continue to talk!! Alice ----- Original Message ----- From: Barbara Lopi To: research ; egemtraining@lists.sn.apc.org Sent: Monday, November 25, 2002 3:32 PM Subject: Re: [Egemtraining] Discussion topic for this week Dear All This is another complex issue to which I could like to submit the following: HIV/AIDS is one pandemic that is posing a lot of challenges to our social, cultural and human rights practices. As individuals and communicators operating in an environment where anti-retroviral drugs are beyond the reach of many a people in our countries, we have a challenge to ensure that cultural and social practices that expose us to the risk of contracting the HIV/AIDS virus are revisited and revised. But this is not an easy task because it is one that encompasses dealing legal aspects, such as awareness, reform and dealing with stigma. For instance, in most of our southern African countries, despite the guaranteeing of fundamental freedoms to all citizens and the placing of strong emphasis on the equal worth of men and women, including the mentioning of sex and marital status in the non-discriminatory clauses in most constitutions, women continue to experience the most differential and unequal treatment when compared to men when it comes to the application of personal laws relating to marriage. This is, because most constitutions in the region also uphold that enjoyment by persons of their culture, tradition, custom and language should not be inconsistent with the constitution. This is why we so often read in the newspapers about most of our local court justices castigating women who experience marital problems for refusing to have had sex with their spouses especially when women suspected "foul play" on the part of their spouses. I think in view of the increasing HIV/AIDS epidemic, governments and indeed our societies in general should start taking the issue of marital rape seriously. This should also be coupled by revision of processes required before one is "certified as having been raped." The current procedure in many countries is so cumbersome and torturers that most "victims" of rape would rather suffer in silence than go through the process. Because of the cumbersome procedures, even if governments were to be obliged to treat access to anti-retroviral drugs as a right for survivors of rape, majority of the targeted group might not be able to benefit. While I support the idea of obliging governments to treat access to anti-retroviral drugs as a right for survivors of rape, more should be done legally, by recognizing marital rape as a crime and simplifying the procedures currently at play before one is certified to have been raped. Let's talk. Barbara -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.sn.apc.org/pipermail/egemtraining/attachments/20021125/c5d12291/attachment.htm From lindiwe at genderlinks.org.za Mon Nov 25 07:12:36 2002 From: lindiwe at genderlinks.org.za (lindiwe nkutha) Date: Tue Feb 27 14:10:58 2007 Subject: [Egemtraining] Discussion topic for this week References: <003201c29455$27d7f2b0$0e00a8c0@ALICEK> <013c01c29487$143293f0$b300aac0@Barbara> <004c01c29496$36c99120$0e00a8c0@ALICEK> Message-ID: <002b01c29441$44fe0b40$0f00a8c0@MOTH> I'm feeling so iffy about doinf this, but I'll do it anyways. A coalation of NGO's working in the area of gender violence in Southern Africa yesterday launched the 16 days of Peace campaisn which will run until the 10 December this year. as part of the activities we's set aside space on our webpage www.genderlinks.org.za to discuss these issues. Please visit our site, and sign the Peace Pledge committing yourself to a 16 Days and 365 days and a lifetime of Peace. Also leave a message on the memorial wall in memory of loved ones who may have lost their lives to gender violence, find out what activities are happening which you could become a part of and if there is inspiration still, share with us you creative expresssions in the section called your own words. Please let as many people as possible know that this happening during this period, and encourage them to commit themselves to Peace. We look forward to having you there. Regards Lindiwe Nkutha Having finished "marketing" :-) I will come back and contribute to the on going discussion. ----- Original Message ----- From: research To: Barbara Lopi ; egemtraining@lists.sn.apc.org Sent: Monday, November 25, 2002 5:20 PM Subject: Re: [Egemtraining] Discussion topic for this week Dear All thanks very much Barbara for giving us something to kickstart the discussion. I agree that this is a challenging issue we have at hand and that we have a lot f challenges as communicators to. Some of the issues that you mention which i think we need to grapple with are issues of legal and constitutional provisions vs the reality on the ground (where mechanims are to ensure the legal provisions are not available), culture, custom and tradition vs the human rights of women (especially in marital relationships), the whole issue of rape and how we can begin to recognise the rights of survivors to infection. These, I think are some of the issue that we need to be reviewing and I am looking forward to what others think about these!!!!! Lets continue to talk!! Alice ----- Original Message ----- From: Barbara Lopi To: research ; egemtraining@lists.sn.apc.org Sent: Monday, November 25, 2002 3:32 PM Subject: Re: [Egemtraining] Discussion topic for this week Dear All This is another complex issue to which I could like to submit the following: HIV/AIDS is one pandemic that is posing a lot of challenges to our social, cultural and human rights practices. As individuals and communicators operating in an environment where anti-retroviral drugs are beyond the reach of many a people in our countries, we have a challenge to ensure that cultural and social practices that expose us to the risk of contracting the HIV/AIDS virus are revisited and revised. But this is not an easy task because it is one that encompasses dealing legal aspects, such as awareness, reform and dealing with stigma. For instance, in most of our southern African countries, despite the guaranteeing of fundamental freedoms to all citizens and the placing of strong emphasis on the equal worth of men and women, including the mentioning of sex and marital status in the non-discriminatory clauses in most constitutions, women continue to experience the most differential and unequal treatment when compared to men when it comes to the application of personal laws relating to marriage. This is, because most constitutions in the region also uphold that enjoyment by persons of their culture, tradition, custom and language should not be inconsistent with the constitution. This is why we so often read in the newspapers about most of our local court justices castigating women who experience marital problems for refusing to have had sex with their spouses especially when women suspected "foul play" on the part of their spouses. I think in view of the increasing HIV/AIDS epidemic, governments and indeed our societies in general should start taking the issue of marital rape seriously. This should also be coupled by revision of processes required before one is "certified as having been raped." The current procedure in many countries is so cumbersome and torturers that most "victims" of rape would rather suffer in silence than go through the process. Because of the cumbersome procedures, even if governments were to be obliged to treat access to anti-retroviral drugs as a right for survivors of rape, majority of the targeted group might not be able to benefit. While I support the idea of obliging governments to treat access to anti-retroviral drugs as a right for survivors of rape, more should be done legally, by recognizing marital rape as a crime and simplifying the procedures currently at play before one is certified to have been raped. Let's talk. Barbara -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.sn.apc.org/pipermail/egemtraining/attachments/20021125/59e5894a/attachment.html From jennifer at misa.org Tue Nov 26 10:01:58 2002 From: jennifer at misa.org (Jennifer Mufune) Date: Tue Feb 27 14:10:58 2007 Subject: [Egemtraining] Discussion topic for this week In-Reply-To: <004c01c29496$36c99120$0e00a8c0@ALICEK> References: <003201c29455$27d7f2b0$0e00a8c0@ALICEK> <013c01c29487$143293f0$b300aac0@Barbara> <004c01c29496$36c99120$0e00a8c0@ALICEK> Message-ID: Hallo everyone This week's topic comes at the right time for women in Namibia and especially when we are trying to observe the 16 Days of Peace. In response to Alice's e-mail, I would like to share with you the discussions that have been going on in the Namibian parliament for the past couple of days talking about the Bill on Combating Domestic Violence. I can tell you that some of the comments made are enough to drive any sane person round the bend. I have never heard so much crap coming out of the mouths of some of the male parliamentarians and ministers who I believe are deliberately trying to ridicule the Bill. As can be expected, the female MPs and Ministers (fortunately) stood together and made some very good contributions to the debate in parliament with a handful of men, whilst their male counterparts have done their utmost to trivialize the whole issue and are trying to pass it off as bedroom/private business. Yesterday a deputy minister claimed that the Bill on the Combating of Domestic Violence was not "necessary" and would serve only a few "elite women." He went on to claim that he had spoken to ordinary Namibian women who feel that this bill is unnecessary (we are curious to know who these women are and when he went round to ask them). He said for the Bill to suggest that "married couples could also rape each other is un-African". "I have never heard of a case where a husband was sent to jail for raping his wife," he charged. This man's response is a good example of the reality on the ground and the reason why we fail to see important legislation passed that will make life better for all because of these attitudes and beliefs from the mostly male leaders we have. How do we deal with people like this deputy minister who clearly does not see women's issues as important and cannot stand up and contribute positively to support legislation that will make life better for all. How do we go about changing these sort of die hard attitudes? Regards, Jennifer, Windhoek >Dear All >thanks very much Barbara for giving us something to kickstart the >discussion. I agree that this is a challenging issue we have at hand >and that we have a lot f challenges as communicators to. Some of the >issues that you mention which i think we need to grapple with are >issues of legal and constitutional provisions vs the reality on the >ground (where mechanims are to ensure the legal provisions are not >available), culture, custom and tradition vs the human rights of >women (especially in marital relationships), the whole issue of rape >and how we can begin to recognise the rights of survivors to >infection. These, I think are some of the issue that we need to be >reviewing and I am looking forward to what others think >about these!!!!! Lets continue to talk!! >Alice > > >----- Original Message ----- >From: Barbara Lopi >To: research ; >egemtraining@lists.sn.apc.org >Sent: Monday, November 25, 2002 3:32 PM >Subject: Re: [Egemtraining] Discussion topic for this week > >Dear All >This is another complex issue to which I could like to submit the following: >HIV/AIDS is one pandemic that is posing a lot of challenges to our >social, cultural and human rights practices. As individuals and >communicators operating in an environment where anti-retroviral >drugs are beyond the reach of many a people in our countries, we >have a challenge to ensure that cultural and social practices that >expose us to the risk of contracting the HIV/AIDS virus are >revisited and revised. But this is not an easy task because it is >one that encompasses dealing legal aspects, such as awareness, >reform and dealing with stigma. For instance, in most of our >southern African countries, despite the guaranteeing of fundamental >freedoms to all citizens and the placing of strong emphasis on the >equal worth of men and women, including the mentioning of sex and >marital status in the non-discriminatory clauses in most >constitutions, women continue to experience the most differential >and unequal treatment when compared to men when it comes to the >application of personal laws relating to marriage. This is, because >most constitutions in the region also uphold that enjoyment by >persons of their culture, tradition, custom and language should not >be inconsistent with the constitution. This is why we so often read >in the newspapers about most of our local court justices castigating >women who experience marital problems for refusing to have had sex >with their spouses especially when women suspected ?foul play? on >the part of their spouses. I think in view of the increasing >HIV/AIDS epidemic, governments and indeed our societies in general >should start taking the issue of marital rape seriously. This should >also be coupled by revision of processes required before one is >?certified as having been raped.? The current procedure in many >countries is so cumbersome and torturers that most ?victims? of rape >would rather suffer in silence than go through the process. Because >of the cumbersome procedures, even if governments were to be obliged >to treat access to anti-retroviral drugs as a right for survivors of >rape, majority of the targeted group might not be able to benefit. >While I support the idea of obliging governments to treat access to >anti-retroviral drugs as a right for survivors of rape, more should >be done legally, by recognizing marital rape as a crime and >simplifying the procedures currently at play before one is certified >to have been raped. >Let's talk. >Barbara -------------- next part -------------- A non-text attachment was scrubbed... Name: not available Type: text/enriched Size: 5797 bytes Desc: not available Url : http://lists.sn.apc.org/pipermail/egemtraining/attachments/20021126/29d74831/attachment.bin From Kudzaishe at mwengo.org.zw Tue Nov 26 14:11:01 2002 From: Kudzaishe at mwengo.org.zw (Kudzaishe) Date: Tue Feb 27 14:10:58 2007 Subject: [Egemtraining] Discussion topic for this week Message-ID: <30C1EF84C3B1D611AE8A008048D7AA3D0284B4@SERVER> Dear All Some comments on the topic: On marital rape, unfortunately in our society it is not considered a crime. The majority of the people in society see it as the right of the man to get sex from his wife whenever he feels like it. Some justify this by saying that if the woman does not have sex with her husband on demand, he will be justified in "finding it elsewhere" as it were. Unfortunately, society views bride-price as buying a wife. This attitude is perpetuated by relatives who have commercialised the bride price by asking for huge amounts of money or even property from the potential son-in-law. This is as opposed to the symbolism of the act whereby the bride price is supposed to be a way of thanking/ appreciation/ acknowledgment act on the part of the son-in-law towards the parents of the woman. This property/ investment concept makes it harder for the woman to be able to negotiate for safe sex for example. It is the right of every woman who has been raped to have access to anti-retrovirals, in fact I feel it is the right of every woman who has been exposed to the virus to have access to these drugs. However, the greatest restricting factor is the cost, the drugs are very expensive. This is where the commitment from the government comes in and this is very important as they are the ones who can ensure that they source cheaper generic drugs and they also make distribution and access easier. Kudzai -----Original Message----- From: research [SMTP:research@genderlinks.org.za] Sent: 25 November 2002 09:35 To: egemtraining@lists.sn.apc.org Subject: [Egemtraining] Discussion topic for this week Dear All I do trust you had a restful weekend and you are peacefully observing the 16 Days of Peace!! This week's topic focuses on one of the most ignored violations of women's rights...marital rape!! It is imperative that we begin to grapple with it as we reflect on and challenge cultural practices that discriminate women. Marital Rape? Some countries are still not convinced and plead culture There are mixed reactions to the idea of laws against marital rape in some countries in southern Africa. Although some countries have already enacted laws to protect people against marital rape, some are still not convinced that it is an offence that warrants legal provisions. This is generally so because most countries in the region regard marriage, especially payment of lobola, as granting men the right to demand sex as and when they wish. Culturally, once married a husband has conjugal rights over his wife. Sex, whether forced or consented, is regarded the husband's right. Research shows that women in marital relationships are more vulnerable to HIV/AIDS due to their limited power to negotiate safe sex. But some countries still think this does not warrant a law on marital rape. However, while in the past the general belief was that sex workers are the most vulnerable to HIV/AIDS infection, trends in the region seem to indicate that it is women in marital relationships that are more vulnerable to infection and this is even more so where they are in abusive relationships and partners do not respect their rights. Other cultural and customary practices such as polygamy add to the vulnerability of women. While polygamy exposes all parties involved to HIV/AIDS infection, the risk tends to be higher where there is gender violence and the involved partners refuse to get tested. Women in such relationships may end up risking their lives for fear of losing the husband or losing his favour. The other challenge for the region is that rape, whether in marriage or outside put women at higher risk of contracting the HIV virus. While some countries have tried to make anti-retroviral drugs easily available to survivors of rape, others have lagged behind for both economic and political reasons. And even in those countries where the drugs have been available, do women know about them and are they well informed to demand their right to them? Should these drugs be a right or a privilege? Questions: 1) How should we deal with culture, especially in most Southern African countries, that give automatic conjugal rights to men, even where women are at risk of contracting the HIV/AIDS virus? Are our governments taking the issue seriously? 2) Should governments be obliged to treat access to anti-retroviral drugs as a right for survivors of rape? How accessible are these drugs and do people have enough information and knowledge about them. Alice Kwaramba Senior Researcher Gender Links 1 Ernest Oppenheimer Street Lower Ground Floor Lakeside Place Bruma, 2198 Johannesburg South Africa Tel: +27 11 622 2877/7796 Fax: +27 11 622 4732 Email: alice@genderlinks.org.za research@genderlinks.org.za URL: www.genderlinks.org.za From ebasadi at global.bw Tue Nov 26 14:33:30 2002 From: ebasadi at global.bw (ebasadi) Date: Tue Feb 27 14:10:58 2007 Subject: [Egemtraining] Discussion topic for this week References: <003201c29455$27d7f2b0$0e00a8c0@ALICEK><013c01c29487$143293f0$b300aac0@Barbara><004c01c29496$36c99120$0e00a8c0@ALICEK> Message-ID: <003201c29548$07cf3840$e285fea9@peter> Perhaps we need to change the language and approach- Let start looking at it from an athropological perspective- because it involves a lot about how mankind has evolved and what determines certain human practices. There has to a theory first to explain the antithesis. Peter ----- Original Message ----- From: Jennifer Mufune To: egemtraining@lists.sn.apc.org Cc: research@genderlinks.org.za Sent: Tuesday, November 26, 2002 10:01 AM Subject: Re: [Egemtraining] Discussion topic for this week Hallo everyone This week's topic comes at the right time for women in Namibia and especially when we are trying to observe the 16 Days of Peace. In response to Alice's e-mail, I would like to share with you the discussions that have been going on in the Namibian parliament for the past couple of days talking about the Bill on Combating Domestic Violence. I can tell you that some of the comments made are enough to drive any sane person round the bend. I have never heard so much crap coming out of the mouths of some of the male parliamentarians and ministers who I believe are deliberately trying to ridicule the Bill. As can be expected, the female MPs and Ministers (fortunately) stood together and made some very good contributions to the debate in parliament with a handful of men, whilst their male counterparts have done their utmost to trivialize the whole issue and are trying to pass it off as bedroom/private business. Yesterday a deputy minister claimed that the Bill on the Combating of Domestic Violence was not "necessary" and would serve only a few "elite women." He went on to claim that he had spoken to ordinary Namibian women who feel that this bill is unnecessary (we are curious to know who these women are and when he went round to ask them). He said for the Bill to suggest that "married couples could also rape each other is un-African". "I have never heard of a case where a husband was sent to jail for raping his wife," he charged. This man's response is a good example of the reality on the ground and the reason why we fail to see important legislation passed that will make life better for all because of these attitudes and beliefs from the mostly male leaders we have. How do we deal with people like this deputy minister who clearly does not see women's issues as important and cannot stand up and contribute positively to support legislation that will make life better for all. How do we go about changing these sort of die hard attitudes? Regards, Jennifer, Windhoek Dear All thanks very much Barbara for giving us something to kickstart the discussion. I agree that this is a challenging issue we have at hand and that we have a lot f challenges as communicators to. Some of the issues that you mention which i think we need to grapple with are issues of legal and constitutional provisions vs the reality on the ground (where mechanims are to ensure the legal provisions are not available), culture, custom and tradition vs the human rights of women (especially in marital relationships), the whole issue of rape and how we can begin to recognise the rights of survivors to infection. These, I think are some of the issue that we need to be reviewing and I am looking forward to what others think about these!!!!! Lets continue to talk!! Alice ----- Original Message ----- From: Barbara Lopi To: research ; egemtraining@lists.sn.apc.org Sent: Monday, November 25, 2002 3:32 PM Subject: Re: [Egemtraining] Discussion topic for this week Dear All This is another complex issue to which I could like to submit the following: HIV/AIDS is one pandemic that is posing a lot of challenges to our social, cultural and human rights practices. As individuals and communicators operating in an environment where anti-retroviral drugs are beyond the reach of many a people in our countries, we have a challenge to ensure that cultural and social practices that expose us to the risk of contracting the HIV/AIDS virus are revisited and revised. But this is not an easy task because it is one that encompasses dealing legal aspects, such as awareness, reform and dealing with stigma. For instance, in most of our southern African countries, despite the guaranteeing of fundamental freedoms to all citizens and the placing of strong emphasis on the equal worth of men and women, including the mentioning of sex and marital status in the non-discriminatory clauses in most constitutions, women continue to experience the most differential and unequal treatment when compared to men when it comes to the application of personal laws relating to marriage. This is, because most constitutions in the region also uphold that enjoyment by persons of their culture, tradition, custom and language should not be inconsistent with the constitution. This is why we so often read in the newspapers about most of our local court justices castigating women who experience marital problems for refusing to have had sex with their spouses especially when women suspected "foul play" on the part of their spouses. I think in view of the increasing HIV/AIDS epidemic, governments and indeed our societies in general should start taking the issue of marital rape seriously. This should also be coupled by revision of processes required before one is "certified as having been raped." The current procedure in many countries is so cumbersome and torturers that most "victims" of rape would rather suffer in silence than go through the process. Because of the cumbersome procedures, even if governments were to be obliged to treat access to anti-retroviral drugs as a right for survivors of rape, majority of the targeted group might not be able to benefit. While I support the idea of obliging governments to treat access to anti-retroviral drugs as a right for survivors of rape, more should be done legally, by recognizing marital rape as a crime and simplifying the procedures currently at play before one is certified to have been raped. Let's talk. Barbara -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.sn.apc.org/pipermail/egemtraining/attachments/20021126/78095d3e/attachment.html From blopi at sardc.net Tue Nov 26 15:25:27 2002 From: blopi at sardc.net (Barbara Lopi) Date: Tue Feb 27 14:10:58 2007 Subject: [Egemtraining] Discussion topic for this week References: <003201c29455$27d7f2b0$0e00a8c0@ALICEK><013c01c29487$143293f0$b300aac0@Barbara><004c01c29496$36c99120$0e00a8c0@ALICEK> <003201c29548$07cf3840$e285fea9@peter> Message-ID: <003601c2954f$4a793e50$b300aac0@Barbara> Talking about the "need to change the language" Peter, "humankind" is more inclusive as opposed to "mankind" (smile). Barbara. ----- Original Message ----- From: ebasadi To: egemtraining@lists.sn.apc.org ; Jennifer Mufune Cc: research@genderlinks.org.za Sent: Tuesday, November 26, 2002 2:33 PM Subject: Re: [Egemtraining] Discussion topic for this week Perhaps we need to change the language and approach- Let start looking at it from an athropological perspective- because it involves a lot about how mankind has evolved and what determines certain human practices. There has to a theory first to explain the antithesis. Peter ----- Original Message ----- From: Jennifer Mufune To: egemtraining@lists.sn.apc.org Cc: research@genderlinks.org.za Sent: Tuesday, November 26, 2002 10:01 AM Subject: Re: [Egemtraining] Discussion topic for this week Hallo everyone This week's topic comes at the right time for women in Namibia and especially when we are trying to observe the 16 Days of Peace. In response to Alice's e-mail, I would like to share with you the discussions that have been going on in the Namibian parliament for the past couple of days talking about the Bill on Combating Domestic Violence. I can tell you that some of the comments made are enough to drive any sane person round the bend. I have never heard so much crap coming out of the mouths of some of the male parliamentarians and ministers who I believe are deliberately trying to ridicule the Bill. As can be expected, the female MPs and Ministers (fortunately) stood together and made some very good contributions to the debate in parliament with a handful of men, whilst their male counterparts have done their utmost to trivialize the whole issue and are trying to pass it off as bedroom/private business. Yesterday a deputy minister claimed that the Bill on the Combating of Domestic Violence was not "necessary" and would serve only a few "elite women." He went on to claim that he had spoken to ordinary Namibian women who feel that this bill is unnecessary (we are curious to know who these women are and when he went round to ask them). He said for the Bill to suggest that "married couples could also rape each other is un-African". "I have never heard of a case where a husband was sent to jail for raping his wife," he charged. This man's response is a good example of the reality on the ground and the reason why we fail to see important legislation passed that will make life better for all because of these attitudes and beliefs from the mostly male leaders we have. How do we deal with people like this deputy minister who clearly does not see women's issues as important and cannot stand up and contribute positively to support legislation that will make life better for all. How do we go about changing these sort of die hard attitudes? Regards, Jennifer, Windhoek Dear All thanks very much Barbara for giving us something to kickstart the discussion. I agree that this is a challenging issue we have at hand and that we have a lot f challenges as communicators to. Some of the issues that you mention which i think we need to grapple with are issues of legal and constitutional provisions vs the reality on the ground (where mechanims are to ensure the legal provisions are not available), culture, custom and tradition vs the human rights of women (especially in marital relationships), the whole issue of rape and how we can begin to recognise the rights of survivors to infection. These, I think are some of the issue that we need to be reviewing and I am looking forward to what others think about these!!!!! Lets continue to talk!! Alice ----- Original Message ----- From: Barbara Lopi To: research ; egemtraining@lists.sn.apc.org Sent: Monday, November 25, 2002 3:32 PM Subject: Re: [Egemtraining] Discussion topic for this week Dear All This is another complex issue to which I could like to submit the following: HIV/AIDS is one pandemic that is posing a lot of challenges to our social, cultural and human rights practices. As individuals and communicators operating in an environment where anti-retroviral drugs are beyond the reach of many a people in our countries, we have a challenge to ensure that cultural and social practices that expose us to the risk of contracting the HIV/AIDS virus are revisited and revised. But this is not an easy task because it is one that encompasses dealing legal aspects, such as awareness, reform and dealing with stigma. For instance, in most of our southern African countries, despite the guaranteeing of fundamental freedoms to all citizens and the placing of strong emphasis on the equal worth of men and women, including the mentioning of sex and marital status in the non-discriminatory clauses in most constitutions, women continue to experience the most differential and unequal treatment when compared to men when it comes to the application of personal laws relating to marriage. This is, because most constitutions in the region also uphold that enjoyment by persons of their culture, tradition, custom and language should not be inconsistent with the constitution. This is why we so often read in the newspapers about most of our local court justices castigating women who experience marital problems for refusing to have had sex with their spouses especially when women suspected "foul play" on the part of their spouses. I think in view of the increasing HIV/AIDS epidemic, governments and indeed our societies in general should start taking the issue of marital rape seriously. This should also be coupled by revision of processes required before one is "certified as having been raped." The current procedure in many countries is so cumbersome and torturers that most "victims" of rape would rather suffer in silence than go through the process. Because of the cumbersome procedures, even if governments were to be obliged to treat access to anti-retroviral drugs as a right for survivors of rape, majority of the targeted group might not be able to benefit. While I support the idea of obliging governments to treat access to anti-retroviral drugs as a right for survivors of rape, more should be done legally, by recognizing marital rape as a crime and simplifying the procedures currently at play before one is certified to have been raped. Let's talk. Barbara -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.sn.apc.org/pipermail/egemtraining/attachments/20021126/6dfbe398/attachment.htm From radiomaria at malawi.net Wed Nov 27 09:43:38 2002 From: radiomaria at malawi.net (Fr. Steve Kamanga jnr) Date: Tue Feb 27 14:10:58 2007 Subject: [Egemtraining] Discussion topic for this week References: <003201c29455$27d7f2b0$0e00a8c0@ALICEK> Message-ID: <000201c29609$97dfe4e0$01a894d0@computer> Dear all This week's topic is a challenging one. The issue of rape let alone marital rape is and has always been a crime against the diginity of humanity. In these modern days, the issue has become a very serious crime requiring serious attention because of HIV/AIDS. I think governments in the region are trying to do something but I think the impact of the action is very minimal because of a number of issues. The first one being that the HIV/AIDS pandemic has hit the region together with many other equally serious problems like hunger, wars, political instabilities etc equally requiring big economic funding. This situation then has made it very impossible for the governments to teach about the anti-retroviral drugs and make them available to all the people. There is a lot of talking but very little is seen being done. Like in Malawi where three quarters of the population are living below the poverty line, the drug is still very expensive despite the efforts of government to subsidize over the price of the drug. In some cases, the issue of the drugs has been politicized so much that some political leaders wish to use the drug to advance their wishes and gains. In any case, the feeling is very strong that governments should be obliged to treat access to the drug a right to all especially the survivors of rape. Since access to the drug is very limited due to the reasons mentioned above, there is need to find a way of minimizing the risk of contracting the disease especially to the women who according to research are more vulnerable than men. I think the only lasting solution would not be far from the one we discussed in last week's discussion. The issue of culture. We realise with a lot sadness that it is culture (as understood by many) that gives to man automatic conjugal rights that leaves women at risking positions. The situation where man believes he is the master of his wife on matters of sex no matter what is originating from what people have socially grown to learn in their society through formal but mostly informal lessons and they believe that is within their culture. Together with the men, women also have grown to believe in the same way. I am a wife I cant refuse sex in whatever situation I am otherwise I will not be worthy a wife, or I loose my marriage or I allow my husband to fetch for some sex elsewhere. So I do it in as long as HE needs it. Now to change it we must move towards changing our cultures. As we said in our last week's discussion, it is not easy to change culture. If anything then that must be a long term plan. You cant rise up in a day to change culture. Culture involves change of mentality of the people in society. We need to do the changing perhaps through what others have called gender mainstreaming where we include issues og gender equality in all aspects of our lives; education systems, religious beliefs, traditional initiations, etc. In this case we will be allowing what we conceive as culture to recognize the equality of people hence equal accessibility to different rights including conjugal right. Governments I believe must be on the forefront to initiate such changes by providing possibility of modifying what we have and what we are to ensure true standard of accessibility to human rights. In most of the countries in the region, as I see in Malawi, this work is being carried out too slowly where perhaps laws will be inserted into the constitution to safeguard the woman from rape in side marriage. one reason behind this being I don't see good representation of women in many decision making groups in the countries of this region. the parliaments, legal practitioners etc and male dominated and the impact of women is very low. Who can give true testimony of marital rape apart from women themselves who are mostly the victims at the hands of men who mostly play the perpetrator. There is need therefore to intensify schooling on these issue more men than women because I believe if men understand the cry they will find a way out of the problem. Teach and convince the law makers, the planners, the church leaders. Sorry it is long. Steve ----- Original Message ----- From: research To: egemtraining@lists.sn.apc.org Sent: Monday, November 25, 2002 9:34 AM Subject: [Egemtraining] Discussion topic for this week Dear All I do trust you had a restful weekend and you are peacefully observing the 16 Days of Peace!! This week's topic focuses on one of the most ignored violations of women's rights...marital rape!! It is imperative that we begin to grapple with it as we reflect on and challenge cultural practices that discriminate women. Marital Rape? Some countries are still not convinced and plead culture There are mixed reactions to the idea of laws against marital rape in some countries in southern Africa. Although some countries have already enacted laws to protect people against marital rape, some are still not convinced that it is an offence that warrants legal provisions. This is generally so because most countries in the region regard marriage, especially payment of lobola, as granting men the right to demand sex as and when they wish. Culturally, once married a husband has conjugal rights over his wife. Sex, whether forced or consented, is regarded the husband's right. Research shows that women in marital relationships are more vulnerable to HIV/AIDS due to their limited power to negotiate safe sex. But some countries still think this does not warrant a law on marital rape. However, while in the past the general belief was that sex workers are the most vulnerable to HIV/AIDS infection, trends in the region seem to indicate that it is women in marital relationships that are more vulnerable to infection and this is even more so where they are in abusive relationships and partners do not respect their rights. Other cultural and customary practices such as polygamy add to the vulnerability of women. While polygamy exposes all parties involved to HIV/AIDS infection, the risk tends to be higher where there is gender violence and the involved partners refuse to get tested. Women in such relationships may end up risking their lives for fear of losing the husband or losing his favour. The other challenge for the region is that rape, whether in marriage or outside put women at higher risk of contracting the HIV virus. While some countries have tried to make anti-retroviral drugs easily available to survivors of rape, others have lagged behind for both economic and political reasons. And even in those countries where the drugs have been available, do women know about them and are they well informed to demand their right to them? Should these drugs be a right or a privilege? Questions: 1) How should we deal with culture, especially in most Southern African countries, that give automatic conjugal rights to men, even where women are at risk of contracting the HIV/AIDS virus? Are our governments taking the issue seriously? 2) Should governments be obliged to treat access to anti-retroviral drugs as a right for survivors of rape? How accessible are these drugs and do people have enough information and knowledge about them. Alice Kwaramba Senior Researcher Gender Links 1 Ernest Oppenheimer Street Lower Ground Floor Lakeside Place Bruma, 2198 Johannesburg South Africa Tel: +27 11 622 2877/7796 Fax: +27 11 622 4732 Email: alice@genderlinks.org.za research@genderlinks.org.za URL: www.genderlinks.org.za -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.sn.apc.org/pipermail/egemtraining/attachments/20021127/e02d78b1/attachment.html From ebasadi at global.bw Wed Nov 27 16:19:05 2002 From: ebasadi at global.bw (Emang Basadi) Date: Tue Feb 27 14:10:58 2007 Subject: [Egemtraining] Marital Rape Message-ID: Yes first to accept that it does exist. B ut the querstion is are women -all women not just who understand it see it that way. Because that should be the first thing to understand in order to find solutions both legally and socially. Peter --- Outgoing mail is certified Virus Free. Checked by AVG anti-virus system (http://www.grisoft.com). Version: 6.0.401 / Virus Database: 226 - Release Date: 09/10/02 From ebasadi at global.bw Wed Nov 27 16:29:18 2002 From: ebasadi at global.bw (Emang Basadi) Date: Tue Feb 27 14:10:58 2007 Subject: [Egemtraining] hear, hear In-Reply-To: <200211182010.WAA13746@dailynews.co.zw> Message-ID: hear, hearYes but whose culture is it- that seems to dehuminise others and uplift other. Ithink there is hierarchy in this kind of culture and really there nothing good and bad about it- It should be looked at from a different angle rather because looking at it from that perspective does help in terms of offering not giving an anylitic insight- what we need is somerthing that can show the evolution of humnkind with in time and spapce. For instance the king represent the ruling class and that how they want us to believe that there something called culture- instead it is rather a ritual. It thgen appeares that anything that dehuminises others especially the weak and marginalised can not be said to identicasl to classical practices- though it terms of classics it was there that the ruling class wouls create a fort for them and make it appear that it si something that should /can be shared by all. Culture is something that was created and givem meaning the ruling class as it does not give identity to all. It something psychological in that it want to create a cvommon identity and people especially the powerless find solance in it- while the ruling class benefit from such constructions. this is just a thought P. Tshukudu -----Original Message----- From: egemtraining-admin@lists.sn.apc.org [mailto:egemtraining-admin@lists.sn.apc.org]On Behalf Of Columbus S. Mavhunga Sent: 18 November 2002 17:31 To: research; egemtraining Subject: [Egemtraining] hear, hear Folks, I must confess that my submissions are going to be 'affected' by what Lindiwe said. She brought very relevant points which will be my starting points and I will just try to reinforce them and add anything if she has anything that she left out. ----------- ----------- ----------- ----------- ----------- ------------ ------- ----- ----- As Lindi was signing off she said: "Culture can be used to advance or secure people's positions... I need to make it clear that I do not think that culture is all bad." I think African culture is one thing I have ever liked - debatable of course this is. It was 'invented' to make life nice for every African - from the king to the poorest person like me - be it a male or a female. Kings were meant to make sure that the customs were adhered to hence there was an indaba (royal court) where those who would have breached the cultural norms would be tried. But in the case of Swazi king - if at all he still deserves the title king - we are dealing without someone who is trying to manipulate a system. Culturally, Kings were meant to protect the vulnerable, but in the case of Mswati he has decided to feed on the prey. Do I hear someone say a who will protect the flock from preditors when the shephered starts pounding on his flock unjustifiably? In a real African culture there is no 'marriage' that would take place between a bride and a bridegroom without the consent of the bride's family. The marriage, in fact, needs the blessings of both in-laws. I am surprised that Mswati he abducted Zena without the consent of her mother (Lindiwe Dlamini). What makes it worse is that Zena is just 18 years old. I stand to be corrected if African culture did not respect the rights of a minor. If Mswati was to stand by his "African culture' what then is he going to do when it comes to the wedding ceremony. (I cannot recall the traditional name.) It has to involve both in-laws, doesn't it? There is noone who would want to 'destroy our customs and traditions' as Mswati claims. But he must use his greedness in the name of culture otherwise we we would sought the help of the West and human right activists to destroy it. Mswati even boasts further: "I can be blamed left and right, but the fact of the matter is that it is our culture that I should marry many wives as I can. I cannot allow myself to be forced to follow Western culture." Granted, let him marry as many wives as he likes, but he must not rape as many wives as he likes in the guise of culture, in his day and age of the AIDS/HIV pandemic. Let me stress that there no 'clash between customs and modernity' as some people would want to put it. It is simply a clash between a babarian and a civilised society. I wonder if there would be anyone around who would witness the day Mswati regains his conscience and be asked what happens if he was in the shoes of Mama Dlamini. He would blink hundred times and keep quiet. I am outta here, coil. a --- Outgoing mail is certified Virus Free. Checked by AVG anti-virus system (http://www.grisoft.com). Version: 6.0.401 / Virus Database: 226 - Release Date: 09/10/02 -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.sn.apc.org/pipermail/egemtraining/attachments/20021127/9f34a43b/attachment.htm From HardyC at law.wits.ac.za Thu Nov 28 14:31:01 2002 From: HardyC at law.wits.ac.za (Chloe Hardy) Date: Tue Feb 27 14:10:58 2007 Subject: [Egemtraining] Marital rape and HIV References: <003201c29455$27d7f2b0$0e00a8c0@ALICEK> Message-ID: <001601c296da$02ff06e0$2e228d92@fnb.wits.ac.za> Hi everyone Here are a few thoughts on marital rape in the context of the HIV epidemic: In sub-Saharan Africa, HIV is increasingly affecting women. This is because women are biologically more vulnerable to HIV infection, and because of social factors, such as gender inequality. It is difficult to speak sweepingly about culture, but generally (and this is probably true around the world), it is considered more acceptable for men to have multiple sexual partners than women. Migrant labour contributes to this problem, with men tending to have a family home, while in engaging in a variety of relationships with other women in their areas of work. Women, particularly married women, are often financially dependent on their male partners, and simply have no say in matters of sex and reproduction. For a variety of complex social, economic and cultural reasons, they are unable to insist that their husband's use condoms or remain faithful. Many women are aware of their husband's extramarital affairs, but powerless to stop them. When domestic violence (and marital rape is an extreme form of domestic violence) is present in a relationship, it is even more difficult for a woman to insist on safer sex. One of the myths about HIV is that it is confined to certain "high risk" groups, such as sex workers. The reality is that HIV is transmitted where-ever people have multiple partners and unsafe sex. Married women are a particularly vulnerable group, because it is very difficult for them to ask their husband to use condoms; they can be faithful themselves, but have no power to prevent their husbands from having affairs; and they risk being raped by their husbands if they try to abstain from sex. Providing PEP (anti-retroviral drugs to prevent HIV infection) to survivors of marital rape may also not be feasible. PEP has been used for many years to prevent HIV infection in health care workers who have sustained needle-stick injuries. Basically, the drugs are taken for 28 days after the incident, and prevent infection after a single, high-risk exposure. Recently, PEP has been recommended for preventing HIV infection after rape, as rape is usually also a single, risk exposure, and the same principles apply. However, PEP is not effective where a person is repeatedly exposed to HIV. Unfortunately, it is unlikely to be effective in situations of marital rape, because there is a good chance that if the husband is HIV positive, his wife will already have been exposed to the virus during consensual sex (or during previous marital rapes). There is also the likelihood that she will be exposed again in future, if she continues to live with him. PEP would probably only be effective in the rare cases where a woman had not previously been infected by an HIV positive husband, and has left him immediately after the rape. As you can see, women's lack of power in sexual relationships (including marriage) is a major contributing factor to the spread of HIV. Put another way, if we are to successfully combat HIV, we need to challenge men's power over women's bodies. Thanks very much Chloe Hardy AIDS Law Project -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.sn.apc.org/pipermail/egemtraining/attachments/20021128/467c0a6d/attachment.html From research at genderlinks.org.za Fri Nov 29 13:12:21 2002 From: research at genderlinks.org.za (research) Date: Tue Feb 27 14:10:58 2007 Subject: [Egemtraining] Marital rape and HIV References: <003201c29455$27d7f2b0$0e00a8c0@ALICEK> <001601c296da$02ff06e0$2e228d92@fnb.wits.ac.za> Message-ID: <007501c29798$30e9b140$0e00a8c0@ALICEK> Dear All Thank you so much for a fruitful week of discussing a very thorny subject to say the least. This week has also been a sad one for us at the office, with Alice taking ill with chicken pox and being in bed for the better part of the week. We send her our love and well wishes. Thanks to Chloe for wrapping this weeks discussions, as well as for the pertinent issues she raises including: 1.How at the core of the problem relating to marital rape ( and any form of rape for that matter) is the gender power imbalances, entrenched in cultures and patriarchal ways of being. 2. Chloe raises also a more serious issue, relating to the difficulty posed to women who may be exposed to HIV repeatedly through their husbands, and how this pattern makes almost "futile" the administration of antiretroviral drugs to this section of the community. We are left then, Chloe re-emphasises, with but one sure fire solution in the management of HIV within marriages, where women mostly cannot negotiate safe sex, with the collective responsibility, as communities, as communicators to work towards ushering in a society where gender imbalances are addressed with the urgency they deserve. A number of Other interesting points were raised by all who participated, including: a. How the HIV pandemic has forced us as society to deal with the more underlying social ills that give rise to the festering of the problem with which we sit. b. The economic problems that make ARV's out of reach for the poorest of the poor, the majority of which are women. c. The legal problems that women face in reconciling what rights they may be afforded by Human Rights Instruments ) and the conflict between those instruments and the local laws that apply to women personally.In particular within a cultural context, the naming of marital rape as rape d. The trauma through which survivors of rape have to go through in "proving that their rape meets the country defined criteria" for rape, amounting to their revictimisation. e. We also heard the anecdotal account of the going ons in Namibia currently, regards the Combating of Domestic Violence Bill, and the response it has received, dubbed private and bedroom politics. f. Malawi's provided a succinct and clear picture on what compounds the problems of access to ARV's where the region facing co-inciding major problems that require an economic solution, with poverty high up on the list, but also demonstrating the interlinkedness of all these problems and how they continue to feed the pandemic. Cultural beliefs were highlighted again as being at the core of the pandemic and how in plays itself out in terms of gender. It's also encouraging, to see how amongst each other, questions of language, which society pays little attention to often, crop up and we as communicators are on the alert to remind one another of the use of non exclusionary language. The issues brought up so succinctly by Chloe in wrapping up as well as the observations listed above, provide a lot more scope for discussion. Lets continue to talk and perhaps try and say, in the quanandram we face, (multiple exposure to HIV rendering the administration of ARV's "futile") how do we begin to empower women, or provide space for women to empower themselves, to claim or reclaim the power to negotiate safer sex, in light of their economic reliance and cultural obligation to men. Lets continue to talk. Yours in Alice's shoes. Lindiwe Nkutha PS: watch this space in response to the question "how do we view archived contributions by group members" ----- Original Message ----- From: Chloe Hardy To: research ; egemtraining@lists.sn.apc.org Sent: Thursday, November 28, 2002 2:31 PM Subject: Re: [Egemtraining] Marital rape and HIV Hi everyone Here are a few thoughts on marital rape in the context of the HIV epidemic: In sub-Saharan Africa, HIV is increasingly affecting women. This is because women are biologically more vulnerable to HIV infection, and because of social factors, such as gender inequality. It is difficult to speak sweepingly about culture, but generally (and this is probably true around the world), it is considered more acceptable for men to have multiple sexual partners than women. Migrant labour contributes to this problem, with men tending to have a family home, while in engaging in a variety of relationships with other women in their areas of work. Women, particularly married women, are often financially dependent on their male partners, and simply have no say in matters of sex and reproduction. For a variety of complex social, economic and cultural reasons, they are unable to insist that their husband's use condoms or remain faithful. Many women are aware of their husband's extramarital affairs, but powerless to stop them. When domestic violence (and marital rape is an extreme form of domestic violence) is present in a relationship, it is even more difficult for a woman to insist on safer sex. One of the myths about HIV is that it is confined to certain "high risk" groups, such as sex workers. The reality is that HIV is transmitted where-ever people have multiple partners and unsafe sex. Married women are a particularly vulnerable group, because it is very difficult for them to ask their husband to use condoms; they can be faithful themselves, but have no power to prevent their husbands from having affairs; and they risk being raped by their husbands if they try to abstain from sex. Providing PEP (anti-retroviral drugs to prevent HIV infection) to survivors of marital rape may also not be feasible. PEP has been used for many years to prevent HIV infection in health care workers who have sustained needle-stick injuries. Basically, the drugs are taken for 28 days after the incident, and prevent infection after a single, high-risk exposure. Recently, PEP has been recommended for preventing HIV infection after rape, as rape is usually also a single, risk exposure, and the same principles apply. However, PEP is not effective where a person is repeatedly exposed to HIV. Unfortunately, it is unlikely to be effective in situations of marital rape, because there is a good chance that if the husband is HIV positive, his wife will already have been exposed to the virus during consensual sex (or during previous marital rapes). There is also the likelihood that she will be exposed again in future, if she continues to live with him. PEP would probably only be effective in the rare cases where a woman had not previously been infected by an HIV positive husband, and has left him immediately after the rape. As you can see, women's lack of power in sexual relationships (including marriage) is a major contributing factor to the spread of HIV. Put another way, if we are to successfully combat HIV, we need to challenge men's power over women's bodies. Thanks very much Chloe Hardy AIDS Law Project -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.sn.apc.org/pipermail/egemtraining/attachments/20021129/9fce1820/attachment.htm From HardyC at law.wits.ac.za Fri Nov 29 14:57:59 2002 From: HardyC at law.wits.ac.za (Chloe Hardy) Date: Tue Feb 27 14:10:58 2007 Subject: [Egemtraining] Marital rape and HIV References: <003201c29455$27d7f2b0$0e00a8c0@ALICEK> <001601c296da$02ff06e0$2e228d92@fnb.wits.ac.za> <007501c29798$30e9b140$0e00a8c0@ALICEK> Message-ID: <001001c297a6$f22b8960$2e228d92@fnb.wits.ac.za> Dear Lindi Thanks for summing up so nicely. I would just like to emphasize one point: trying to use anti-retrovirals as PEP to prevent HIV infection after a marital rape is problematic, because of the risk of multiple exposures. However, a woman who is diagnosed HIV positive can definitely use anti-retrovirals as chronic medication to treat the HIV infection. Anti-retroviral treatment at this stage does not cure HIV, but it does prolong health and life. In this context, anti-retroviral therapy is likely to be effective, even if the woman is unable to prevent future marital rape. Thanks (and get well soon, Alice) Regards Chloe ----- Original Message ----- From: research To: Chloe Hardy ; egemtraining@lists.sn.apc.org ; research@genderlinks.org.za Sent: Friday, November 29, 2002 1:12 PM Subject: Re: [Egemtraining] Marital rape and HIV Dear All Thank you so much for a fruitful week of discussing a very thorny subject to say the least. This week has also been a sad one for us at the office, with Alice taking ill with chicken pox and being in bed for the better part of the week. We send her our love and well wishes. Thanks to Chloe for wrapping this weeks discussions, as well as for the pertinent issues she raises including: 1.How at the core of the problem relating to marital rape ( and any form of rape for that matter) is the gender power imbalances, entrenched in cultures and patriarchal ways of being. 2. Chloe raises also a more serious issue, relating to the difficulty posed to women who may be exposed to HIV repeatedly through their husbands, and how this pattern makes almost "futile" the administration of antiretroviral drugs to this section of the community. We are left then, Chloe re-emphasises, with but one sure fire solution in the management of HIV within marriages, where women mostly cannot negotiate safe sex, with the collective responsibility, as communities, as communicators to work towards ushering in a society where gender imbalances are addressed with the urgency they deserve. A number of Other interesting points were raised by all who participated, including: a. How the HIV pandemic has forced us as society to deal with the more underlying social ills that give rise to the festering of the problem with which we sit. b. The economic problems that make ARV's out of reach for the poorest of the poor, the majority of which are women. c. The legal problems that women face in reconciling what rights they may be afforded by Human Rights Instruments ) and the conflict between those instruments and the local laws that apply to women personally.In particular within a cultural context, the naming of marital rape as rape d. The trauma through which survivors of rape have to go through in "proving that their rape meets the country defined criteria" for rape, amounting to their revictimisation. e. We also heard the anecdotal account of the going ons in Namibia currently, regards the Combating of Domestic Violence Bill, and the response it has received, dubbed private and bedroom politics. f. Malawi's provided a succinct and clear picture on what compounds the problems of access to ARV's where the region facing co-inciding major problems that require an economic solution, with poverty high up on the list, but also demonstrating the interlinkedness of all these problems and how they continue to feed the pandemic. Cultural beliefs were highlighted again as being at the core of the pandemic and how in plays itself out in terms of gender. It's also encouraging, to see how amongst each other, questions of language, which society pays little attention to often, crop up and we as communicators are on the alert to remind one another of the use of non exclusionary language. The issues brought up so succinctly by Chloe in wrapping up as well as the observations listed above, provide a lot more scope for discussion. Lets continue to talk and perhaps try and say, in the quanandram we face, (multiple exposure to HIV rendering the administration of ARV's "futile") how do we begin to empower women, or provide space for women to empower themselves, to claim or reclaim the power to negotiate safer sex, in light of their economic reliance and cultural obligation to men. Lets continue to talk. Yours in Alice's shoes. Lindiwe Nkutha PS: watch this space in response to the question "how do we view archived contributions by group members" ----- Original Message ----- From: Chloe Hardy To: research ; egemtraining@lists.sn.apc.org Sent: Thursday, November 28, 2002 2:31 PM Subject: Re: [Egemtraining] Marital rape and HIV Hi everyone Here are a few thoughts on marital rape in the context of the HIV epidemic: In sub-Saharan Africa, HIV is increasingly affecting women. This is because women are biologically more vulnerable to HIV infection, and because of social factors, such as gender inequality. It is difficult to speak sweepingly about culture, but generally (and this is probably true around the world), it is considered more acceptable for men to have multiple sexual partners than women. Migrant labour contributes to this problem, with men tending to have a family home, while in engaging in a variety of relationships with other women in their areas of work. Women, particularly married women, are often financially dependent on their male partners, and simply have no say in matters of sex and reproduction. For a variety of complex social, economic and cultural reasons, they are unable to insist that their husband's use condoms or remain faithful. Many women are aware of their husband's extramarital affairs, but powerless to stop them. When domestic violence (and marital rape is an extreme form of domestic violence) is present in a relationship, it is even more difficult for a woman to insist on safer sex. One of the myths about HIV is that it is confined to certain "high risk" groups, such as sex workers. The reality is that HIV is transmitted where-ever people have multiple partners and unsafe sex. Married women are a particularly vulnerable group, because it is very difficult for them to ask their husband to use condoms; they can be faithful themselves, but have no power to prevent their husbands from having affairs; and they risk being raped by their husbands if they try to abstain from sex. Providing PEP (anti-retroviral drugs to prevent HIV infection) to survivors of marital rape may also not be feasible. PEP has been used for many years to prevent HIV infection in health care workers who have sustained needle-stick injuries. Basically, the drugs are taken for 28 days after the incident, and prevent infection after a single, high-risk exposure. Recently, PEP has been recommended for preventing HIV infection after rape, as rape is usually also a single, risk exposure, and the same principles apply. However, PEP is not effective where a person is repeatedly exposed to HIV. Unfortunately, it is unlikely to be effective in situations of marital rape, because there is a good chance that if the husband is HIV positive, his wife will already have been exposed to the virus during consensual sex (or during previous marital rapes). There is also the likelihood that she will be exposed again in future, if she continues to live with him. PEP would probably only be effective in the rare cases where a woman had not previously been infected by an HIV positive husband, and has left him immediately after the rape. As you can see, women's lack of power in sexual relationships (including marriage) is a major contributing factor to the spread of HIV. Put another way, if we are to successfully combat HIV, we need to challenge men's power over women's bodies. Thanks very much Chloe Hardy AIDS Law Project -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.sn.apc.org/pipermail/egemtraining/attachments/20021129/87e1e03c/attachment.html From research at genderlinks.org.za Mon Nov 25 09:34:56 2002 From: research at genderlinks.org.za (research) Date: Tue Apr 17 18:14:31 2007 Subject: [Egemtraining] Discussion topic for this week Message-ID: <003201c29455$27d7f2b0$0e00a8c0@ALICEK> Dear All I do trust you had a restful weekend and you are peacefully observing the 16 Days of Peace!! This week's topic focuses on one of the most ignored violations of women's rights...marital rape!! It is imperative that we begin to grapple with it as we reflect on and challenge cultural practices that discriminate women. Marital Rape? Some countries are still not convinced and plead culture There are mixed reactions to the idea of laws against marital rape in some countries in southern Africa. Although some countries have already enacted laws to protect people against marital rape, some are still not convinced that it is an offence that warrants legal provisions. This is generally so because most countries in the region regard marriage, especially payment of lobola, as granting men the right to demand sex as and when they wish. Culturally, once married a husband has conjugal rights over his wife. Sex, whether forced or consented, is regarded the husband's right. Research shows that women in marital relationships are more vulnerable to HIV/AIDS due to their limited power to negotiate safe sex. But some countries still think this does not warrant a law on marital rape. However, while in the past the general belief was that sex workers are the most vulnerable to HIV/AIDS infection, trends in the region seem to indicate that it is women in marital relationships that are more vulnerable to infection and this is even more so where they are in abusive relationships and partners do not respect their rights. Other cultural and customary practices such as polygamy add to the vulnerability of women. While polygamy exposes all parties involved to HIV/AIDS infection, the risk tends to be higher where there is gender violence and the involved partners refuse to get tested. Women in such relationships may end up risking their lives for fear of losing the husband or losing his favour. The other challenge for the region is that rape, whether in marriage or outside put women at higher risk of contracting the HIV virus. While some countries have tried to make anti-retroviral drugs easily available to survivors of rape, others have lagged behind for both economic and political reasons. And even in those countries where the drugs have been available, do women know about them and are they well informed to demand their right to them? Should these drugs be a right or a privilege? Questions: 1) How should we deal with culture, especially in most Southern African countries, that give automatic conjugal rights to men, even where women are at risk of contracting the HIV/AIDS virus? Are our governments taking the issue seriously? 2) Should governments be obliged to treat access to anti-retroviral drugs as a right for survivors of rape? How accessible are these drugs and do people have enough information and knowledge about them. Alice Kwaramba Senior Researcher Gender Links 1 Ernest Oppenheimer Street Lower Ground Floor Lakeside Place Bruma, 2198 Johannesburg South Africa Tel: +27 11 622 2877/7796 Fax: +27 11 622 4732 Email: alice@genderlinks.org.za research@genderlinks.org.za URL: www.genderlinks.org.za -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.sn.apc.org/pipermail/egemtraining/attachments/20021125/998db021/attachment-0001.htm From blopi at sardc.net Mon Nov 25 15:32:13 2002 From: blopi at sardc.net (Barbara Lopi) Date: Tue Apr 17 18:14:31 2007 Subject: [Egemtraining] Discussion topic for this week References: <003201c29455$27d7f2b0$0e00a8c0@ALICEK> Message-ID: <013c01c29487$143293f0$b300aac0@Barbara> Dear All This is another complex issue to which I could like to submit the following: HIV/AIDS is one pandemic that is posing a lot of challenges to our social, cultural and human rights practices. As individuals and communicators operating in an environment where anti-retroviral drugs are beyond the reach of many a people in our countries, we have a challenge to ensure that cultural and social practices that expose us to the risk of contracting the HIV/AIDS virus are revisited and revised. But this is not an easy task because it is one that encompasses dealing legal aspects, such as awareness, reform and dealing with stigma. For instance, in most of our southern African countries, despite the guaranteeing of fundamental freedoms to all citizens and the placing of strong emphasis on the equal worth of men and women, including the mentioning of sex and marital status in the non-discriminatory clauses in most constitutions, women continue to experience the most differential and unequal treatment when compared to men when it comes to the application of personal laws relating to marriage. This is, because most constitutions in the region also uphold that enjoyment by persons of their culture, tradition, custom and language should not be inconsistent with the constitution. This is why we so often read in the newspapers about most of our local court justices castigating women who experience marital problems for refusing to have had sex with their spouses especially when women suspected "foul play" on the part of their spouses. I think in view of the increasing HIV/AIDS epidemic, governments and indeed our societies in general should start taking the issue of marital rape seriously. This should also be coupled by revision of processes required before one is "certified as having been raped." The current procedure in many countries is so cumbersome and torturers that most "victims" of rape would rather suffer in silence than go through the process. Because of the cumbersome procedures, even if governments were to be obliged to treat access to anti-retroviral drugs as a right for survivors of rape, majority of the targeted group might not be able to benefit. While I support the idea of obliging governments to treat access to anti-retroviral drugs as a right for survivors of rape, more should be done legally, by recognizing marital rape as a crime and simplifying the procedures currently at play before one is certified to have been raped. Let's talk. Barbara -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.sn.apc.org/pipermail/egemtraining/attachments/20021125/a694cbc2/attachment-0001.html From research at genderlinks.org.za Mon Nov 25 17:11:41 2002 From: research at genderlinks.org.za (research) Date: Tue Apr 17 18:14:31 2007 Subject: [Egemtraining] Re: [Egemtraining] References: <3DDE74AB.4739.27177ED@localhost> Message-ID: <004101c29494$f5d0fce0$0e00a8c0@ALICEK> Lindiwe thanks very much for this additionl information Lindiwe. I hope we all make use of these resources and that we will continue to share with the gorup whatever other materials we come across. regards ----- Original Message ----- From: "ndzundzu" <120409@uniswacc.uniswa.sz> To: "research" Sent: Friday, November 22, 2002 6:17 PM Subject: Re: [Egemtraining] > Hi all, > > In the light of this week's discussions, I would like to draw your attention to an IPS publication > "Culture, Religion and Gender" - a training manual for the media. This publication deliberates > on the issues we have discussed and I'd say is a must-have for this era's > journalists/communicators. > I guess you all know IPS, Inter Press Service, since it has satellite communication links to > 1200 countries or so. > > Enjoy your weekend! > From research at genderlinks.org.za Mon Nov 25 17:20:39 2002 From: research at genderlinks.org.za (research) Date: Tue Apr 17 18:14:31 2007 Subject: [Egemtraining] Discussion topic for this week References: <003201c29455$27d7f2b0$0e00a8c0@ALICEK> <013c01c29487$143293f0$b300aac0@Barbara> Message-ID: <004c01c29496$36c99120$0e00a8c0@ALICEK> Dear All thanks very much Barbara for giving us something to kickstart the discussion. I agree that this is a challenging issue we have at hand and that we have a lot f challenges as communicators to. Some of the issues that you mention which i think we need to grapple with are issues of legal and constitutional provisions vs the reality on the ground (where mechanims are to ensure the legal provisions are not available), culture, custom and tradition vs the human rights of women (especially in marital relationships), the whole issue of rape and how we can begin to recognise the rights of survivors to infection. These, I think are some of the issue that we need to be reviewing and I am looking forward to what others think about these!!!!! Lets continue to talk!! Alice ----- Original Message ----- From: Barbara Lopi To: research ; egemtraining@lists.sn.apc.org Sent: Monday, November 25, 2002 3:32 PM Subject: Re: [Egemtraining] Discussion topic for this week Dear All This is another complex issue to which I could like to submit the following: HIV/AIDS is one pandemic that is posing a lot of challenges to our social, cultural and human rights practices. As individuals and communicators operating in an environment where anti-retroviral drugs are beyond the reach of many a people in our countries, we have a challenge to ensure that cultural and social practices that expose us to the risk of contracting the HIV/AIDS virus are revisited and revised. But this is not an easy task because it is one that encompasses dealing legal aspects, such as awareness, reform and dealing with stigma. For instance, in most of our southern African countries, despite the guaranteeing of fundamental freedoms to all citizens and the placing of strong emphasis on the equal worth of men and women, including the mentioning of sex and marital status in the non-discriminatory clauses in most constitutions, women continue to experience the most differential and unequal treatment when compared to men when it comes to the application of personal laws relating to marriage. This is, because most constitutions in the region also uphold that enjoyment by persons of their culture, tradition, custom and language should not be inconsistent with the constitution. This is why we so often read in the newspapers about most of our local court justices castigating women who experience marital problems for refusing to have had sex with their spouses especially when women suspected "foul play" on the part of their spouses. I think in view of the increasing HIV/AIDS epidemic, governments and indeed our societies in general should start taking the issue of marital rape seriously. This should also be coupled by revision of processes required before one is "certified as having been raped." The current procedure in many countries is so cumbersome and torturers that most "victims" of rape would rather suffer in silence than go through the process. Because of the cumbersome procedures, even if governments were to be obliged to treat access to anti-retroviral drugs as a right for survivors of rape, majority of the targeted group might not be able to benefit. While I support the idea of obliging governments to treat access to anti-retroviral drugs as a right for survivors of rape, more should be done legally, by recognizing marital rape as a crime and simplifying the procedures currently at play before one is certified to have been raped. Let's talk. Barbara -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.sn.apc.org/pipermail/egemtraining/attachments/20021125/c5d12291/attachment-0001.htm From lindiwe at genderlinks.org.za Mon Nov 25 07:12:36 2002 From: lindiwe at genderlinks.org.za (lindiwe nkutha) Date: Tue Apr 17 18:14:31 2007 Subject: [Egemtraining] Discussion topic for this week References: <003201c29455$27d7f2b0$0e00a8c0@ALICEK> <013c01c29487$143293f0$b300aac0@Barbara> <004c01c29496$36c99120$0e00a8c0@ALICEK> Message-ID: <002b01c29441$44fe0b40$0f00a8c0@MOTH> I'm feeling so iffy about doinf this, but I'll do it anyways. A coalation of NGO's working in the area of gender violence in Southern Africa yesterday launched the 16 days of Peace campaisn which will run until the 10 December this year. as part of the activities we's set aside space on our webpage www.genderlinks.org.za to discuss these issues. Please visit our site, and sign the Peace Pledge committing yourself to a 16 Days and 365 days and a lifetime of Peace. Also leave a message on the memorial wall in memory of loved ones who may have lost their lives to gender violence, find out what activities are happening which you could become a part of and if there is inspiration still, share with us you creative expresssions in the section called your own words. Please let as many people as possible know that this happening during this period, and encourage them to commit themselves to Peace. We look forward to having you there. Regards Lindiwe Nkutha Having finished "marketing" :-) I will come back and contribute to the on going discussion. ----- Original Message ----- From: research To: Barbara Lopi ; egemtraining@lists.sn.apc.org Sent: Monday, November 25, 2002 5:20 PM Subject: Re: [Egemtraining] Discussion topic for this week Dear All thanks very much Barbara for giving us something to kickstart the discussion. I agree that this is a challenging issue we have at hand and that we have a lot f challenges as communicators to. Some of the issues that you mention which i think we need to grapple with are issues of legal and constitutional provisions vs the reality on the ground (where mechanims are to ensure the legal provisions are not available), culture, custom and tradition vs the human rights of women (especially in marital relationships), the whole issue of rape and how we can begin to recognise the rights of survivors to infection. These, I think are some of the issue that we need to be reviewing and I am looking forward to what others think about these!!!!! Lets continue to talk!! Alice ----- Original Message ----- From: Barbara Lopi To: research ; egemtraining@lists.sn.apc.org Sent: Monday, November 25, 2002 3:32 PM Subject: Re: [Egemtraining] Discussion topic for this week Dear All This is another complex issue to which I could like to submit the following: HIV/AIDS is one pandemic that is posing a lot of challenges to our social, cultural and human rights practices. As individuals and communicators operating in an environment where anti-retroviral drugs are beyond the reach of many a people in our countries, we have a challenge to ensure that cultural and social practices that expose us to the risk of contracting the HIV/AIDS virus are revisited and revised. But this is not an easy task because it is one that encompasses dealing legal aspects, such as awareness, reform and dealing with stigma. For instance, in most of our southern African countries, despite the guaranteeing of fundamental freedoms to all citizens and the placing of strong emphasis on the equal worth of men and women, including the mentioning of sex and marital status in the non-discriminatory clauses in most constitutions, women continue to experience the most differential and unequal treatment when compared to men when it comes to the application of personal laws relating to marriage. This is, because most constitutions in the region also uphold that enjoyment by persons of their culture, tradition, custom and language should not be inconsistent with the constitution. This is why we so often read in the newspapers about most of our local court justices castigating women who experience marital problems for refusing to have had sex with their spouses especially when women suspected "foul play" on the part of their spouses. I think in view of the increasing HIV/AIDS epidemic, governments and indeed our societies in general should start taking the issue of marital rape seriously. This should also be coupled by revision of processes required before one is "certified as having been raped." The current procedure in many countries is so cumbersome and torturers that most "victims" of rape would rather suffer in silence than go through the process. Because of the cumbersome procedures, even if governments were to be obliged to treat access to anti-retroviral drugs as a right for survivors of rape, majority of the targeted group might not be able to benefit. While I support the idea of obliging governments to treat access to anti-retroviral drugs as a right for survivors of rape, more should be done legally, by recognizing marital rape as a crime and simplifying the procedures currently at play before one is certified to have been raped. Let's talk. Barbara -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.sn.apc.org/pipermail/egemtraining/attachments/20021125/59e5894a/attachment-0001.html From jennifer at misa.org Tue Nov 26 10:01:58 2002 From: jennifer at misa.org (Jennifer Mufune) Date: Tue Apr 17 18:14:31 2007 Subject: [Egemtraining] Discussion topic for this week In-Reply-To: <004c01c29496$36c99120$0e00a8c0@ALICEK> References: <003201c29455$27d7f2b0$0e00a8c0@ALICEK> <013c01c29487$143293f0$b300aac0@Barbara> <004c01c29496$36c99120$0e00a8c0@ALICEK> Message-ID: Hallo everyone This week's topic comes at the right time for women in Namibia and especially when we are trying to observe the 16 Days of Peace. In response to Alice's e-mail, I would like to share with you the discussions that have been going on in the Namibian parliament for the past couple of days talking about the Bill on Combating Domestic Violence. I can tell you that some of the comments made are enough to drive any sane person round the bend. I have never heard so much crap coming out of the mouths of some of the male parliamentarians and ministers who I believe are deliberately trying to ridicule the Bill. As can be expected, the female MPs and Ministers (fortunately) stood together and made some very good contributions to the debate in parliament with a handful of men, whilst their male counterparts have done their utmost to trivialize the whole issue and are trying to pass it off as bedroom/private business. Yesterday a deputy minister claimed that the Bill on the Combating of Domestic Violence was not "necessary" and would serve only a few "elite women." He went on to claim that he had spoken to ordinary Namibian women who feel that this bill is unnecessary (we are curious to know who these women are and when he went round to ask them). He said for the Bill to suggest that "married couples could also rape each other is un-African". "I have never heard of a case where a husband was sent to jail for raping his wife," he charged. This man's response is a good example of the reality on the ground and the reason why we fail to see important legislation passed that will make life better for all because of these attitudes and beliefs from the mostly male leaders we have. How do we deal with people like this deputy minister who clearly does not see women's issues as important and cannot stand up and contribute positively to support legislation that will make life better for all. How do we go about changing these sort of die hard attitudes? Regards, Jennifer, Windhoek >Dear All >thanks very much Barbara for giving us something to kickstart the >discussion. I agree that this is a challenging issue we have at hand >and that we have a lot f challenges as communicators to. Some of the >issues that you mention which i think we need to grapple with are >issues of legal and constitutional provisions vs the reality on the >ground (where mechanims are to ensure the legal provisions are not >available), culture, custom and tradition vs the human rights of >women (especially in marital relationships), the whole issue of rape >and how we can begin to recognise the rights of survivors to >infection. These, I think are some of the issue that we need to be >reviewing and I am looking forward to what others think >about these!!!!! Lets continue to talk!! >Alice > > >----- Original Message ----- >From: Barbara Lopi >To: research ; >egemtraining@lists.sn.apc.org >Sent: Monday, November 25, 2002 3:32 PM >Subject: Re: [Egemtraining] Discussion topic for this week > >Dear All >This is another complex issue to which I could like to submit the following: >HIV/AIDS is one pandemic that is posing a lot of challenges to our >social, cultural and human rights practices. As individuals and >communicators operating in an environment where anti-retroviral >drugs are beyond the reach of many a people in our countries, we >have a challenge to ensure that cultural and social practices that >expose us to the risk of contracting the HIV/AIDS virus are >revisited and revised. But this is not an easy task because it is >one that encompasses dealing legal aspects, such as awareness, >reform and dealing with stigma. For instance, in most of our >southern African countries, despite the guaranteeing of fundamental >freedoms to all citizens and the placing of strong emphasis on the >equal worth of men and women, including the mentioning of sex and >marital status in the non-discriminatory clauses in most >constitutions, women continue to experience the most differential >and unequal treatment when compared to men when it comes to the >application of personal laws relating to marriage. This is, because >most constitutions in the region also uphold that enjoyment by >persons of their culture, tradition, custom and language should not >be inconsistent with the constitution. This is why we so often read >in the newspapers about most of our local court justices castigating >women who experience marital problems for refusing to have had sex >with their spouses especially when women suspected ?foul play? on >the part of their spouses. I think in view of the increasing >HIV/AIDS epidemic, governments and indeed our societies in general >should start taking the issue of marital rape seriously. This should >also be coupled by revision of processes required before one is >?certified as having been raped.? The current procedure in many >countries is so cumbersome and torturers that most ?victims? of rape >would rather suffer in silence than go through the process. Because >of the cumbersome procedures, even if governments were to be obliged >to treat access to anti-retroviral drugs as a right for survivors of >rape, majority of the targeted group might not be able to benefit. >While I support the idea of obliging governments to treat access to >anti-retroviral drugs as a right for survivors of rape, more should >be done legally, by recognizing marital rape as a crime and >simplifying the procedures currently at play before one is certified >to have been raped. >Let's talk. >Barbara -------------- next part -------------- A non-text attachment was scrubbed... Name: not available Type: text/enriched Size: 5797 bytes Desc: not available Url : http://lists.sn.apc.org/pipermail/egemtraining/attachments/20021126/29d74831/attachment-0001.bin From Kudzaishe at mwengo.org.zw Tue Nov 26 14:11:01 2002 From: Kudzaishe at mwengo.org.zw (Kudzaishe) Date: Tue Apr 17 18:14:31 2007 Subject: [Egemtraining] Discussion topic for this week Message-ID: <30C1EF84C3B1D611AE8A008048D7AA3D0284B4@SERVER> Dear All Some comments on the topic: On marital rape, unfortunately in our society it is not considered a crime. The majority of the people in society see it as the right of the man to get sex from his wife whenever he feels like it. Some justify this by saying that if the woman does not have sex with her husband on demand, he will be justified in "finding it elsewhere" as it were. Unfortunately, society views bride-price as buying a wife. This attitude is perpetuated by relatives who have commercialised the bride price by asking for huge amounts of money or even property from the potential son-in-law. This is as opposed to the symbolism of the act whereby the bride price is supposed to be a way of thanking/ appreciation/ acknowledgment act on the part of the son-in-law towards the parents of the woman. This property/ investment concept makes it harder for the woman to be able to negotiate for safe sex for example. It is the right of every woman who has been raped to have access to anti-retrovirals, in fact I feel it is the right of every woman who has been exposed to the virus to have access to these drugs. However, the greatest restricting factor is the cost, the drugs are very expensive. This is where the commitment from the government comes in and this is very important as they are the ones who can ensure that they source cheaper generic drugs and they also make distribution and access easier. Kudzai -----Original Message----- From: research [SMTP:research@genderlinks.org.za] Sent: 25 November 2002 09:35 To: egemtraining@lists.sn.apc.org Subject: [Egemtraining] Discussion topic for this week Dear All I do trust you had a restful weekend and you are peacefully observing the 16 Days of Peace!! This week's topic focuses on one of the most ignored violations of women's rights...marital rape!! It is imperative that we begin to grapple with it as we reflect on and challenge cultural practices that discriminate women. Marital Rape? Some countries are still not convinced and plead culture There are mixed reactions to the idea of laws against marital rape in some countries in southern Africa. Although some countries have already enacted laws to protect people against marital rape, some are still not convinced that it is an offence that warrants legal provisions. This is generally so because most countries in the region regard marriage, especially payment of lobola, as granting men the right to demand sex as and when they wish. Culturally, once married a husband has conjugal rights over his wife. Sex, whether forced or consented, is regarded the husband's right. Research shows that women in marital relationships are more vulnerable to HIV/AIDS due to their limited power to negotiate safe sex. But some countries still think this does not warrant a law on marital rape. However, while in the past the general belief was that sex workers are the most vulnerable to HIV/AIDS infection, trends in the region seem to indicate that it is women in marital relationships that are more vulnerable to infection and this is even more so where they are in abusive relationships and partners do not respect their rights. Other cultural and customary practices such as polygamy add to the vulnerability of women. While polygamy exposes all parties involved to HIV/AIDS infection, the risk tends to be higher where there is gender violence and the involved partners refuse to get tested. Women in such relationships may end up risking their lives for fear of losing the husband or losing his favour. The other challenge for the region is that rape, whether in marriage or outside put women at higher risk of contracting the HIV virus. While some countries have tried to make anti-retroviral drugs easily available to survivors of rape, others have lagged behind for both economic and political reasons. And even in those countries where the drugs have been available, do women know about them and are they well informed to demand their right to them? Should these drugs be a right or a privilege? Questions: 1) How should we deal with culture, especially in most Southern African countries, that give automatic conjugal rights to men, even where women are at risk of contracting the HIV/AIDS virus? Are our governments taking the issue seriously? 2) Should governments be obliged to treat access to anti-retroviral drugs as a right for survivors of rape? How accessible are these drugs and do people have enough information and knowledge about them. Alice Kwaramba Senior Researcher Gender Links 1 Ernest Oppenheimer Street Lower Ground Floor Lakeside Place Bruma, 2198 Johannesburg South Africa Tel: +27 11 622 2877/7796 Fax: +27 11 622 4732 Email: alice@genderlinks.org.za research@genderlinks.org.za URL: www.genderlinks.org.za From ebasadi at global.bw Tue Nov 26 14:33:30 2002 From: ebasadi at global.bw (ebasadi) Date: Tue Apr 17 18:14:31 2007 Subject: [Egemtraining] Discussion topic for this week References: <003201c29455$27d7f2b0$0e00a8c0@ALICEK><013c01c29487$143293f0$b300aac0@Barbara><004c01c29496$36c99120$0e00a8c0@ALICEK> Message-ID: <003201c29548$07cf3840$e285fea9@peter> Perhaps we need to change the language and approach- Let start looking at it from an athropological perspective- because it involves a lot about how mankind has evolved and what determines certain human practices. There has to a theory first to explain the antithesis. Peter ----- Original Message ----- From: Jennifer Mufune To: egemtraining@lists.sn.apc.org Cc: research@genderlinks.org.za Sent: Tuesday, November 26, 2002 10:01 AM Subject: Re: [Egemtraining] Discussion topic for this week Hallo everyone This week's topic comes at the right time for women in Namibia and especially when we are trying to observe the 16 Days of Peace. In response to Alice's e-mail, I would like to share with you the discussions that have been going on in the Namibian parliament for the past couple of days talking about the Bill on Combating Domestic Violence. I can tell you that some of the comments made are enough to drive any sane person round the bend. I have never heard so much crap coming out of the mouths of some of the male parliamentarians and ministers who I believe are deliberately trying to ridicule the Bill. As can be expected, the female MPs and Ministers (fortunately) stood together and made some very good contributions to the debate in parliament with a handful of men, whilst their male counterparts have done their utmost to trivialize the whole issue and are trying to pass it off as bedroom/private business. Yesterday a deputy minister claimed that the Bill on the Combating of Domestic Violence was not "necessary" and would serve only a few "elite women." He went on to claim that he had spoken to ordinary Namibian women who feel that this bill is unnecessary (we are curious to know who these women are and when he went round to ask them). He said for the Bill to suggest that "married couples could also rape each other is un-African". "I have never heard of a case where a husband was sent to jail for raping his wife," he charged. This man's response is a good example of the reality on the ground and the reason why we fail to see important legislation passed that will make life better for all because of these attitudes and beliefs from the mostly male leaders we have. How do we deal with people like this deputy minister who clearly does not see women's issues as important and cannot stand up and contribute positively to support legislation that will make life better for all. How do we go about changing these sort of die hard attitudes? Regards, Jennifer, Windhoek Dear All thanks very much Barbara for giving us something to kickstart the discussion. I agree that this is a challenging issue we have at hand and that we have a lot f challenges as communicators to. Some of the issues that you mention which i think we need to grapple with are issues of legal and constitutional provisions vs the reality on the ground (where mechanims are to ensure the legal provisions are not available), culture, custom and tradition vs the human rights of women (especially in marital relationships), the whole issue of rape and how we can begin to recognise the rights of survivors to infection. These, I think are some of the issue that we need to be reviewing and I am looking forward to what others think about these!!!!! Lets continue to talk!! Alice ----- Original Message ----- From: Barbara Lopi To: research ; egemtraining@lists.sn.apc.org Sent: Monday, November 25, 2002 3:32 PM Subject: Re: [Egemtraining] Discussion topic for this week Dear All This is another complex issue to which I could like to submit the following: HIV/AIDS is one pandemic that is posing a lot of challenges to our social, cultural and human rights practices. As individuals and communicators operating in an environment where anti-retroviral drugs are beyond the reach of many a people in our countries, we have a challenge to ensure that cultural and social practices that expose us to the risk of contracting the HIV/AIDS virus are revisited and revised. But this is not an easy task because it is one that encompasses dealing legal aspects, such as awareness, reform and dealing with stigma. For instance, in most of our southern African countries, despite the guaranteeing of fundamental freedoms to all citizens and the placing of strong emphasis on the equal worth of men and women, including the mentioning of sex and marital status in the non-discriminatory clauses in most constitutions, women continue to experience the most differential and unequal treatment when compared to men when it comes to the application of personal laws relating to marriage. This is, because most constitutions in the region also uphold that enjoyment by persons of their culture, tradition, custom and language should not be inconsistent with the constitution. This is why we so often read in the newspapers about most of our local court justices castigating women who experience marital problems for refusing to have had sex with their spouses especially when women suspected "foul play" on the part of their spouses. I think in view of the increasing HIV/AIDS epidemic, governments and indeed our societies in general should start taking the issue of marital rape seriously. This should also be coupled by revision of processes required before one is "certified as having been raped." The current procedure in many countries is so cumbersome and torturers that most "victims" of rape would rather suffer in silence than go through the process. Because of the cumbersome procedures, even if governments were to be obliged to treat access to anti-retroviral drugs as a right for survivors of rape, majority of the targeted group might not be able to benefit. While I support the idea of obliging governments to treat access to anti-retroviral drugs as a right for survivors of rape, more should be done legally, by recognizing marital rape as a crime and simplifying the procedures currently at play before one is certified to have been raped. Let's talk. Barbara -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.sn.apc.org/pipermail/egemtraining/attachments/20021126/78095d3e/attachment-0001.html From blopi at sardc.net Tue Nov 26 15:25:27 2002 From: blopi at sardc.net (Barbara Lopi) Date: Tue Apr 17 18:14:31 2007 Subject: [Egemtraining] Discussion topic for this week References: <003201c29455$27d7f2b0$0e00a8c0@ALICEK><013c01c29487$143293f0$b300aac0@Barbara><004c01c29496$36c99120$0e00a8c0@ALICEK> <003201c29548$07cf3840$e285fea9@peter> Message-ID: <003601c2954f$4a793e50$b300aac0@Barbara> Talking about the "need to change the language" Peter, "humankind" is more inclusive as opposed to "mankind" (smile). Barbara. ----- Original Message ----- From: ebasadi To: egemtraining@lists.sn.apc.org ; Jennifer Mufune Cc: research@genderlinks.org.za Sent: Tuesday, November 26, 2002 2:33 PM Subject: Re: [Egemtraining] Discussion topic for this week Perhaps we need to change the language and approach- Let start looking at it from an athropological perspective- because it involves a lot about how mankind has evolved and what determines certain human practices. There has to a theory first to explain the antithesis. Peter ----- Original Message ----- From: Jennifer Mufune To: egemtraining@lists.sn.apc.org Cc: research@genderlinks.org.za Sent: Tuesday, November 26, 2002 10:01 AM Subject: Re: [Egemtraining] Discussion topic for this week Hallo everyone This week's topic comes at the right time for women in Namibia and especially when we are trying to observe the 16 Days of Peace. In response to Alice's e-mail, I would like to share with you the discussions that have been going on in the Namibian parliament for the past couple of days talking about the Bill on Combating Domestic Violence. I can tell you that some of the comments made are enough to drive any sane person round the bend. I have never heard so much crap coming out of the mouths of some of the male parliamentarians and ministers who I believe are deliberately trying to ridicule the Bill. As can be expected, the female MPs and Ministers (fortunately) stood together and made some very good contributions to the debate in parliament with a handful of men, whilst their male counterparts have done their utmost to trivialize the whole issue and are trying to pass it off as bedroom/private business. Yesterday a deputy minister claimed that the Bill on the Combating of Domestic Violence was not "necessary" and would serve only a few "elite women." He went on to claim that he had spoken to ordinary Namibian women who feel that this bill is unnecessary (we are curious to know who these women are and when he went round to ask them). He said for the Bill to suggest that "married couples could also rape each other is un-African". "I have never heard of a case where a husband was sent to jail for raping his wife," he charged. This man's response is a good example of the reality on the ground and the reason why we fail to see important legislation passed that will make life better for all because of these attitudes and beliefs from the mostly male leaders we have. How do we deal with people like this deputy minister who clearly does not see women's issues as important and cannot stand up and contribute positively to support legislation that will make life better for all. How do we go about changing these sort of die hard attitudes? Regards, Jennifer, Windhoek Dear All thanks very much Barbara for giving us something to kickstart the discussion. I agree that this is a challenging issue we have at hand and that we have a lot f challenges as communicators to. Some of the issues that you mention which i think we need to grapple with are issues of legal and constitutional provisions vs the reality on the ground (where mechanims are to ensure the legal provisions are not available), culture, custom and tradition vs the human rights of women (especially in marital relationships), the whole issue of rape and how we can begin to recognise the rights of survivors to infection. These, I think are some of the issue that we need to be reviewing and I am looking forward to what others think about these!!!!! Lets continue to talk!! Alice ----- Original Message ----- From: Barbara Lopi To: research ; egemtraining@lists.sn.apc.org Sent: Monday, November 25, 2002 3:32 PM Subject: Re: [Egemtraining] Discussion topic for this week Dear All This is another complex issue to which I could like to submit the following: HIV/AIDS is one pandemic that is posing a lot of challenges to our social, cultural and human rights practices. As individuals and communicators operating in an environment where anti-retroviral drugs are beyond the reach of many a people in our countries, we have a challenge to ensure that cultural and social practices that expose us to the risk of contracting the HIV/AIDS virus are revisited and revised. But this is not an easy task because it is one that encompasses dealing legal aspects, such as awareness, reform and dealing with stigma. For instance, in most of our southern African countries, despite the guaranteeing of fundamental freedoms to all citizens and the placing of strong emphasis on the equal worth of men and women, including the mentioning of sex and marital status in the non-discriminatory clauses in most constitutions, women continue to experience the most differential and unequal treatment when compared to men when it comes to the application of personal laws relating to marriage. This is, because most constitutions in the region also uphold that enjoyment by persons of their culture, tradition, custom and language should not be inconsistent with the constitution. This is why we so often read in the newspapers about most of our local court justices castigating women who experience marital problems for refusing to have had sex with their spouses especially when women suspected "foul play" on the part of their spouses. I think in view of the increasing HIV/AIDS epidemic, governments and indeed our societies in general should start taking the issue of marital rape seriously. This should also be coupled by revision of processes required before one is "certified as having been raped." The current procedure in many countries is so cumbersome and torturers that most "victims" of rape would rather suffer in silence than go through the process. Because of the cumbersome procedures, even if governments were to be obliged to treat access to anti-retroviral drugs as a right for survivors of rape, majority of the targeted group might not be able to benefit. While I support the idea of obliging governments to treat access to anti-retroviral drugs as a right for survivors of rape, more should be done legally, by recognizing marital rape as a crime and simplifying the procedures currently at play before one is certified to have been raped. Let's talk. Barbara -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.sn.apc.org/pipermail/egemtraining/attachments/20021126/6dfbe398/attachment-0001.htm From radiomaria at malawi.net Wed Nov 27 09:43:38 2002 From: radiomaria at malawi.net (Fr. Steve Kamanga jnr) Date: Tue Apr 17 18:14:31 2007 Subject: [Egemtraining] Discussion topic for this week References: <003201c29455$27d7f2b0$0e00a8c0@ALICEK> Message-ID: <000201c29609$97dfe4e0$01a894d0@computer> Dear all This week's topic is a challenging one. The issue of rape let alone marital rape is and has always been a crime against the diginity of humanity. In these modern days, the issue has become a very serious crime requiring serious attention because of HIV/AIDS. I think governments in the region are trying to do something but I think the impact of the action is very minimal because of a number of issues. The first one being that the HIV/AIDS pandemic has hit the region together with many other equally serious problems like hunger, wars, political instabilities etc equally requiring big economic funding. This situation then has made it very impossible for the governments to teach about the anti-retroviral drugs and make them available to all the people. There is a lot of talking but very little is seen being done. Like in Malawi where three quarters of the population are living below the poverty line, the drug is still very expensive despite the efforts of government to subsidize over the price of the drug. In some cases, the issue of the drugs has been politicized so much that some political leaders wish to use the drug to advance their wishes and gains. In any case, the feeling is very strong that governments should be obliged to treat access to the drug a right to all especially the survivors of rape. Since access to the drug is very limited due to the reasons mentioned above, there is need to find a way of minimizing the risk of contracting the disease especially to the women who according to research are more vulnerable than men. I think the only lasting solution would not be far from the one we discussed in last week's discussion. The issue of culture. We realise with a lot sadness that it is culture (as understood by many) that gives to man automatic conjugal rights that leaves women at risking positions. The situation where man believes he is the master of his wife on matters of sex no matter what is originating from what people have socially grown to learn in their society through formal but mostly informal lessons and they believe that is within their culture. Together with the men, women also have grown to believe in the same way. I am a wife I cant refuse sex in whatever situation I am otherwise I will not be worthy a wife, or I loose my marriage or I allow my husband to fetch for some sex elsewhere. So I do it in as long as HE needs it. Now to change it we must move towards changing our cultures. As we said in our last week's discussion, it is not easy to change culture. If anything then that must be a long term plan. You cant rise up in a day to change culture. Culture involves change of mentality of the people in society. We need to do the changing perhaps through what others have called gender mainstreaming where we include issues og gender equality in all aspects of our lives; education systems, religious beliefs, traditional initiations, etc. In this case we will be allowing what we conceive as culture to recognize the equality of people hence equal accessibility to different rights including conjugal right. Governments I believe must be on the forefront to initiate such changes by providing possibility of modifying what we have and what we are to ensure true standard of accessibility to human rights. In most of the countries in the region, as I see in Malawi, this work is being carried out too slowly where perhaps laws will be inserted into the constitution to safeguard the woman from rape in side marriage. one reason behind this being I don't see good representation of women in many decision making groups in the countries of this region. the parliaments, legal practitioners etc and male dominated and the impact of women is very low. Who can give true testimony of marital rape apart from women themselves who are mostly the victims at the hands of men who mostly play the perpetrator. There is need therefore to intensify schooling on these issue more men than women because I believe if men understand the cry they will find a way out of the problem. Teach and convince the law makers, the planners, the church leaders. Sorry it is long. Steve ----- Original Message ----- From: research To: egemtraining@lists.sn.apc.org Sent: Monday, November 25, 2002 9:34 AM Subject: [Egemtraining] Discussion topic for this week Dear All I do trust you had a restful weekend and you are peacefully observing the 16 Days of Peace!! This week's topic focuses on one of the most ignored violations of women's rights...marital rape!! It is imperative that we begin to grapple with it as we reflect on and challenge cultural practices that discriminate women. Marital Rape? Some countries are still not convinced and plead culture There are mixed reactions to the idea of laws against marital rape in some countries in southern Africa. Although some countries have already enacted laws to protect people against marital rape, some are still not convinced that it is an offence that warrants legal provisions. This is generally so because most countries in the region regard marriage, especially payment of lobola, as granting men the right to demand sex as and when they wish. Culturally, once married a husband has conjugal rights over his wife. Sex, whether forced or consented, is regarded the husband's right. Research shows that women in marital relationships are more vulnerable to HIV/AIDS due to their limited power to negotiate safe sex. But some countries still think this does not warrant a law on marital rape. However, while in the past the general belief was that sex workers are the most vulnerable to HIV/AIDS infection, trends in the region seem to indicate that it is women in marital relationships that are more vulnerable to infection and this is even more so where they are in abusive relationships and partners do not respect their rights. Other cultural and customary practices such as polygamy add to the vulnerability of women. While polygamy exposes all parties involved to HIV/AIDS infection, the risk tends to be higher where there is gender violence and the involved partners refuse to get tested. Women in such relationships may end up risking their lives for fear of losing the husband or losing his favour. The other challenge for the region is that rape, whether in marriage or outside put women at higher risk of contracting the HIV virus. While some countries have tried to make anti-retroviral drugs easily available to survivors of rape, others have lagged behind for both economic and political reasons. And even in those countries where the drugs have been available, do women know about them and are they well informed to demand their right to them? Should these drugs be a right or a privilege? Questions: 1) How should we deal with culture, especially in most Southern African countries, that give automatic conjugal rights to men, even where women are at risk of contracting the HIV/AIDS virus? Are our governments taking the issue seriously? 2) Should governments be obliged to treat access to anti-retroviral drugs as a right for survivors of rape? How accessible are these drugs and do people have enough information and knowledge about them. Alice Kwaramba Senior Researcher Gender Links 1 Ernest Oppenheimer Street Lower Ground Floor Lakeside Place Bruma, 2198 Johannesburg South Africa Tel: +27 11 622 2877/7796 Fax: +27 11 622 4732 Email: alice@genderlinks.org.za research@genderlinks.org.za URL: www.genderlinks.org.za -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.sn.apc.org/pipermail/egemtraining/attachments/20021127/e02d78b1/attachment-0001.html From ebasadi at global.bw Wed Nov 27 16:19:05 2002 From: ebasadi at global.bw (Emang Basadi) Date: Tue Apr 17 18:14:31 2007 Subject: [Egemtraining] Marital Rape Message-ID: Yes first to accept that it does exist. B ut the querstion is are women -all women not just who understand it see it that way. Because that should be the first thing to understand in order to find solutions both legally and socially. Peter --- Outgoing mail is certified Virus Free. Checked by AVG anti-virus system (http://www.grisoft.com). Version: 6.0.401 / Virus Database: 226 - Release Date: 09/10/02 From ebasadi at global.bw Wed Nov 27 16:29:18 2002 From: ebasadi at global.bw (Emang Basadi) Date: Tue Apr 17 18:14:31 2007 Subject: [Egemtraining] hear, hear In-Reply-To: <200211182010.WAA13746@dailynews.co.zw> Message-ID: hear, hearYes but whose culture is it- that seems to dehuminise others and uplift other. Ithink there is hierarchy in this kind of culture and really there nothing good and bad about it- It should be looked at from a different angle rather because looking at it from that perspective does help in terms of offering not giving an anylitic insight- what we need is somerthing that can show the evolution of humnkind with in time and spapce. For instance the king represent the ruling class and that how they want us to believe that there something called culture- instead it is rather a ritual. It thgen appeares that anything that dehuminises others especially the weak and marginalised can not be said to identicasl to classical practices- though it terms of classics it was there that the ruling class wouls create a fort for them and make it appear that it si something that should /can be shared by all. Culture is something that was created and givem meaning the ruling class as it does not give identity to all. It something psychological in that it want to create a cvommon identity and people especially the powerless find solance in it- while the ruling class benefit from such constructions. this is just a thought P. Tshukudu -----Original Message----- From: egemtraining-admin@lists.sn.apc.org [mailto:egemtraining-admin@lists.sn.apc.org]On Behalf Of Columbus S. Mavhunga Sent: 18 November 2002 17:31 To: research; egemtraining Subject: [Egemtraining] hear, hear Folks, I must confess that my submissions are going to be 'affected' by what Lindiwe said. She brought very relevant points which will be my starting points and I will just try to reinforce them and add anything if she has anything that she left out. ----------- ----------- ----------- ----------- ----------- ------------ ------- ----- ----- As Lindi was signing off she said: "Culture can be used to advance or secure people's positions... I need to make it clear that I do not think that culture is all bad." I think African culture is one thing I have ever liked - debatable of course this is. It was 'invented' to make life nice for every African - from the king to the poorest person like me - be it a male or a female. Kings were meant to make sure that the customs were adhered to hence there was an indaba (royal court) where those who would have breached the cultural norms would be tried. But in the case of Swazi king - if at all he still deserves the title king - we are dealing without someone who is trying to manipulate a system. Culturally, Kings were meant to protect the vulnerable, but in the case of Mswati he has decided to feed on the prey. Do I hear someone say a who will protect the flock from preditors when the shephered starts pounding on his flock unjustifiably? In a real African culture there is no 'marriage' that would take place between a bride and a bridegroom without the consent of the bride's family. The marriage, in fact, needs the blessings of both in-laws. I am surprised that Mswati he abducted Zena without the consent of her mother (Lindiwe Dlamini). What makes it worse is that Zena is just 18 years old. I stand to be corrected if African culture did not respect the rights of a minor. If Mswati was to stand by his "African culture' what then is he going to do when it comes to the wedding ceremony. (I cannot recall the traditional name.) It has to involve both in-laws, doesn't it? There is noone who would want to 'destroy our customs and traditions' as Mswati claims. But he must use his greedness in the name of culture otherwise we we would sought the help of the West and human right activists to destroy it. Mswati even boasts further: "I can be blamed left and right, but the fact of the matter is that it is our culture that I should marry many wives as I can. I cannot allow myself to be forced to follow Western culture." Granted, let him marry as many wives as he likes, but he must not rape as many wives as he likes in the guise of culture, in his day and age of the AIDS/HIV pandemic. Let me stress that there no 'clash between customs and modernity' as some people would want to put it. It is simply a clash between a babarian and a civilised society. I wonder if there would be anyone around who would witness the day Mswati regains his conscience and be asked what happens if he was in the shoes of Mama Dlamini. He would blink hundred times and keep quiet. I am outta here, coil. a --- Outgoing mail is certified Virus Free. Checked by AVG anti-virus system (http://www.grisoft.com). Version: 6.0.401 / Virus Database: 226 - Release Date: 09/10/02 -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.sn.apc.org/pipermail/egemtraining/attachments/20021127/9f34a43b/attachment-0001.htm From HardyC at law.wits.ac.za Thu Nov 28 14:31:01 2002 From: HardyC at law.wits.ac.za (Chloe Hardy) Date: Tue Apr 17 18:14:31 2007 Subject: [Egemtraining] Marital rape and HIV References: <003201c29455$27d7f2b0$0e00a8c0@ALICEK> Message-ID: <001601c296da$02ff06e0$2e228d92@fnb.wits.ac.za> Hi everyone Here are a few thoughts on marital rape in the context of the HIV epidemic: In sub-Saharan Africa, HIV is increasingly affecting women. This is because women are biologically more vulnerable to HIV infection, and because of social factors, such as gender inequality. It is difficult to speak sweepingly about culture, but generally (and this is probably true around the world), it is considered more acceptable for men to have multiple sexual partners than women. Migrant labour contributes to this problem, with men tending to have a family home, while in engaging in a variety of relationships with other women in their areas of work. Women, particularly married women, are often financially dependent on their male partners, and simply have no say in matters of sex and reproduction. For a variety of complex social, economic and cultural reasons, they are unable to insist that their husband's use condoms or remain faithful. Many women are aware of their husband's extramarital affairs, but powerless to stop them. When domestic violence (and marital rape is an extreme form of domestic violence) is present in a relationship, it is even more difficult for a woman to insist on safer sex. One of the myths about HIV is that it is confined to certain "high risk" groups, such as sex workers. The reality is that HIV is transmitted where-ever people have multiple partners and unsafe sex. Married women are a particularly vulnerable group, because it is very difficult for them to ask their husband to use condoms; they can be faithful themselves, but have no power to prevent their husbands from having affairs; and they risk being raped by their husbands if they try to abstain from sex. Providing PEP (anti-retroviral drugs to prevent HIV infection) to survivors of marital rape may also not be feasible. PEP has been used for many years to prevent HIV infection in health care workers who have sustained needle-stick injuries. Basically, the drugs are taken for 28 days after the incident, and prevent infection after a single, high-risk exposure. Recently, PEP has been recommended for preventing HIV infection after rape, as rape is usually also a single, risk exposure, and the same principles apply. However, PEP is not effective where a person is repeatedly exposed to HIV. Unfortunately, it is unlikely to be effective in situations of marital rape, because there is a good chance that if the husband is HIV positive, his wife will already have been exposed to the virus during consensual sex (or during previous marital rapes). There is also the likelihood that she will be exposed again in future, if she continues to live with him. PEP would probably only be effective in the rare cases where a woman had not previously been infected by an HIV positive husband, and has left him immediately after the rape. As you can see, women's lack of power in sexual relationships (including marriage) is a major contributing factor to the spread of HIV. Put another way, if we are to successfully combat HIV, we need to challenge men's power over women's bodies. Thanks very much Chloe Hardy AIDS Law Project -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.sn.apc.org/pipermail/egemtraining/attachments/20021128/467c0a6d/attachment-0001.html From research at genderlinks.org.za Fri Nov 29 13:12:21 2002 From: research at genderlinks.org.za (research) Date: Tue Apr 17 18:14:31 2007 Subject: [Egemtraining] Marital rape and HIV References: <003201c29455$27d7f2b0$0e00a8c0@ALICEK> <001601c296da$02ff06e0$2e228d92@fnb.wits.ac.za> Message-ID: <007501c29798$30e9b140$0e00a8c0@ALICEK> Dear All Thank you so much for a fruitful week of discussing a very thorny subject to say the least. This week has also been a sad one for us at the office, with Alice taking ill with chicken pox and being in bed for the better part of the week. We send her our love and well wishes. Thanks to Chloe for wrapping this weeks discussions, as well as for the pertinent issues she raises including: 1.How at the core of the problem relating to marital rape ( and any form of rape for that matter) is the gender power imbalances, entrenched in cultures and patriarchal ways of being. 2. Chloe raises also a more serious issue, relating to the difficulty posed to women who may be exposed to HIV repeatedly through their husbands, and how this pattern makes almost "futile" the administration of antiretroviral drugs to this section of the community. We are left then, Chloe re-emphasises, with but one sure fire solution in the management of HIV within marriages, where women mostly cannot negotiate safe sex, with the collective responsibility, as communities, as communicators to work towards ushering in a society where gender imbalances are addressed with the urgency they deserve. A number of Other interesting points were raised by all who participated, including: a. How the HIV pandemic has forced us as society to deal with the more underlying social ills that give rise to the festering of the problem with which we sit. b. The economic problems that make ARV's out of reach for the poorest of the poor, the majority of which are women. c. The legal problems that women face in reconciling what rights they may be afforded by Human Rights Instruments ) and the conflict between those instruments and the local laws that apply to women personally.In particular within a cultural context, the naming of marital rape as rape d. The trauma through which survivors of rape have to go through in "proving that their rape meets the country defined criteria" for rape, amounting to their revictimisation. e. We also heard the anecdotal account of the going ons in Namibia currently, regards the Combating of Domestic Violence Bill, and the response it has received, dubbed private and bedroom politics. f. Malawi's provided a succinct and clear picture on what compounds the problems of access to ARV's where the region facing co-inciding major problems that require an economic solution, with poverty high up on the list, but also demonstrating the interlinkedness of all these problems and how they continue to feed the pandemic. Cultural beliefs were highlighted again as being at the core of the pandemic and how in plays itself out in terms of gender. It's also encouraging, to see how amongst each other, questions of language, which society pays little attention to often, crop up and we as communicators are on the alert to remind one another of the use of non exclusionary language. The issues brought up so succinctly by Chloe in wrapping up as well as the observations listed above, provide a lot more scope for discussion. Lets continue to talk and perhaps try and say, in the quanandram we face, (multiple exposure to HIV rendering the administration of ARV's "futile") how do we begin to empower women, or provide space for women to empower themselves, to claim or reclaim the power to negotiate safer sex, in light of their economic reliance and cultural obligation to men. Lets continue to talk. Yours in Alice's shoes. Lindiwe Nkutha PS: watch this space in response to the question "how do we view archived contributions by group members" ----- Original Message ----- From: Chloe Hardy To: research ; egemtraining@lists.sn.apc.org Sent: Thursday, November 28, 2002 2:31 PM Subject: Re: [Egemtraining] Marital rape and HIV Hi everyone Here are a few thoughts on marital rape in the context of the HIV epidemic: In sub-Saharan Africa, HIV is increasingly affecting women. This is because women are biologically more vulnerable to HIV infection, and because of social factors, such as gender inequality. It is difficult to speak sweepingly about culture, but generally (and this is probably true around the world), it is considered more acceptable for men to have multiple sexual partners than women. Migrant labour contributes to this problem, with men tending to have a family home, while in engaging in a variety of relationships with other women in their areas of work. Women, particularly married women, are often financially dependent on their male partners, and simply have no say in matters of sex and reproduction. For a variety of complex social, economic and cultural reasons, they are unable to insist that their husband's use condoms or remain faithful. Many women are aware of their husband's extramarital affairs, but powerless to stop them. When domestic violence (and marital rape is an extreme form of domestic violence) is present in a relationship, it is even more difficult for a woman to insist on safer sex. One of the myths about HIV is that it is confined to certain "high risk" groups, such as sex workers. The reality is that HIV is transmitted where-ever people have multiple partners and unsafe sex. Married women are a particularly vulnerable group, because it is very difficult for them to ask their husband to use condoms; they can be faithful themselves, but have no power to prevent their husbands from having affairs; and they risk being raped by their husbands if they try to abstain from sex. Providing PEP (anti-retroviral drugs to prevent HIV infection) to survivors of marital rape may also not be feasible. PEP has been used for many years to prevent HIV infection in health care workers who have sustained needle-stick injuries. Basically, the drugs are taken for 28 days after the incident, and prevent infection after a single, high-risk exposure. Recently, PEP has been recommended for preventing HIV infection after rape, as rape is usually also a single, risk exposure, and the same principles apply. However, PEP is not effective where a person is repeatedly exposed to HIV. Unfortunately, it is unlikely to be effective in situations of marital rape, because there is a good chance that if the husband is HIV positive, his wife will already have been exposed to the virus during consensual sex (or during previous marital rapes). There is also the likelihood that she will be exposed again in future, if she continues to live with him. PEP would probably only be effective in the rare cases where a woman had not previously been infected by an HIV positive husband, and has left him immediately after the rape. As you can see, women's lack of power in sexual relationships (including marriage) is a major contributing factor to the spread of HIV. Put another way, if we are to successfully combat HIV, we need to challenge men's power over women's bodies. Thanks very much Chloe Hardy AIDS Law Project -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.sn.apc.org/pipermail/egemtraining/attachments/20021129/9fce1820/attachment-0001.htm From HardyC at law.wits.ac.za Fri Nov 29 14:57:59 2002 From: HardyC at law.wits.ac.za (Chloe Hardy) Date: Tue Apr 17 18:14:31 2007 Subject: [Egemtraining] Marital rape and HIV References: <003201c29455$27d7f2b0$0e00a8c0@ALICEK> <001601c296da$02ff06e0$2e228d92@fnb.wits.ac.za> <007501c29798$30e9b140$0e00a8c0@ALICEK> Message-ID: <001001c297a6$f22b8960$2e228d92@fnb.wits.ac.za> Dear Lindi Thanks for summing up so nicely. I would just like to emphasize one point: trying to use anti-retrovirals as PEP to prevent HIV infection after a marital rape is problematic, because of the risk of multiple exposures. However, a woman who is diagnosed HIV positive can definitely use anti-retrovirals as chronic medication to treat the HIV infection. Anti-retroviral treatment at this stage does not cure HIV, but it does prolong health and life. In this context, anti-retroviral therapy is likely to be effective, even if the woman is unable to prevent future marital rape. Thanks (and get well soon, Alice) Regards Chloe ----- Original Message ----- From: research To: Chloe Hardy ; egemtraining@lists.sn.apc.org ; research@genderlinks.org.za Sent: Friday, November 29, 2002 1:12 PM Subject: Re: [Egemtraining] Marital rape and HIV Dear All Thank you so much for a fruitful week of discussing a very thorny subject to say the least. This week has also been a sad one for us at the office, with Alice taking ill with chicken pox and being in bed for the better part of the week. We send her our love and well wishes. Thanks to Chloe for wrapping this weeks discussions, as well as for the pertinent issues she raises including: 1.How at the core of the problem relating to marital rape ( and any form of rape for that matter) is the gender power imbalances, entrenched in cultures and patriarchal ways of being. 2. Chloe raises also a more serious issue, relating to the difficulty posed to women who may be exposed to HIV repeatedly through their husbands, and how this pattern makes almost "futile" the administration of antiretroviral drugs to this section of the community. We are left then, Chloe re-emphasises, with but one sure fire solution in the management of HIV within marriages, where women mostly cannot negotiate safe sex, with the collective responsibility, as communities, as communicators to work towards ushering in a society where gender imbalances are addressed with the urgency they deserve. A number of Other interesting points were raised by all who participated, including: a. How the HIV pandemic has forced us as society to deal with the more underlying social ills that give rise to the festering of the problem with which we sit. b. The economic problems that make ARV's out of reach for the poorest of the poor, the majority of which are women. c. The legal problems that women face in reconciling what rights they may be afforded by Human Rights Instruments ) and the conflict between those instruments and the local laws that apply to women personally.In particular within a cultural context, the naming of marital rape as rape d. The trauma through which survivors of rape have to go through in "proving that their rape meets the country defined criteria" for rape, amounting to their revictimisation. e. We also heard the anecdotal account of the going ons in Namibia currently, regards the Combating of Domestic Violence Bill, and the response it has received, dubbed private and bedroom politics. f. Malawi's provided a succinct and clear picture on what compounds the problems of access to ARV's where the region facing co-inciding major problems that require an economic solution, with poverty high up on the list, but also demonstrating the interlinkedness of all these problems and how they continue to feed the pandemic. Cultural beliefs were highlighted again as being at the core of the pandemic and how in plays itself out in terms of gender. It's also encouraging, to see how amongst each other, questions of language, which society pays little attention to often, crop up and we as communicators are on the alert to remind one another of the use of non exclusionary language. The issues brought up so succinctly by Chloe in wrapping up as well as the observations listed above, provide a lot more scope for discussion. Lets continue to talk and perhaps try and say, in the quanandram we face, (multiple exposure to HIV rendering the administration of ARV's "futile") how do we begin to empower women, or provide space for women to empower themselves, to claim or reclaim the power to negotiate safer sex, in light of their economic reliance and cultural obligation to men. Lets continue to talk. Yours in Alice's shoes. Lindiwe Nkutha PS: watch this space in response to the question "how do we view archived contributions by group members" ----- Original Message ----- From: Chloe Hardy To: research ; egemtraining@lists.sn.apc.org Sent: Thursday, November 28, 2002 2:31 PM Subject: Re: [Egemtraining] Marital rape and HIV Hi everyone Here are a few thoughts on marital rape in the context of the HIV epidemic: In sub-Saharan Africa, HIV is increasingly affecting women. This is because women are biologically more vulnerable to HIV infection, and because of social factors, such as gender inequality. It is difficult to speak sweepingly about culture, but generally (and this is probably true around the world), it is considered more acceptable for men to have multiple sexual partners than women. Migrant labour contributes to this problem, with men tending to have a family home, while in engaging in a variety of relationships with other women in their areas of work. Women, particularly married women, are often financially dependent on their male partners, and simply have no say in matters of sex and reproduction. For a variety of complex social, economic and cultural reasons, they are unable to insist that their husband's use condoms or remain faithful. Many women are aware of their husband's extramarital affairs, but powerless to stop them. When domestic violence (and marital rape is an extreme form of domestic violence) is present in a relationship, it is even more difficult for a woman to insist on safer sex. One of the myths about HIV is that it is confined to certain "high risk" groups, such as sex workers. The reality is that HIV is transmitted where-ever people have multiple partners and unsafe sex. Married women are a particularly vulnerable group, because it is very difficult for them to ask their husband to use condoms; they can be faithful themselves, but have no power to prevent their husbands from having affairs; and they risk being raped by their husbands if they try to abstain from sex. Providing PEP (anti-retroviral drugs to prevent HIV infection) to survivors of marital rape may also not be feasible. PEP has been used for many years to prevent HIV infection in health care workers who have sustained needle-stick injuries. Basically, the drugs are taken for 28 days after the incident, and prevent infection after a single, high-risk exposure. Recently, PEP has been recommended for preventing HIV infection after rape, as rape is usually also a single, risk exposure, and the same principles apply. However, PEP is not effective where a person is repeatedly exposed to HIV. Unfortunately, it is unlikely to be effective in situations of marital rape, because there is a good chance that if the husband is HIV positive, his wife will already have been exposed to the virus during consensual sex (or during previous marital rapes). There is also the likelihood that she will be exposed again in future, if she continues to live with him. PEP would probably only be effective in the rare cases where a woman had not previously been infected by an HIV positive husband, and has left him immediately after the rape. As you can see, women's lack of power in sexual relationships (including marriage) is a major contributing factor to the spread of HIV. Put another way, if we are to successfully combat HIV, we need to challenge men's power over women's bodies. Thanks very much Chloe Hardy AIDS Law Project -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.sn.apc.org/pipermail/egemtraining/attachments/20021129/87e1e03c/attachment-0001.html From research at genderlinks.org.za Mon Nov 25 09:34:56 2002 From: research at genderlinks.org.za (research) Date: Wed May 23 11:00:10 2007 Subject: [Egemtraining] Discussion topic for this week Message-ID: <003201c29455$27d7f2b0$0e00a8c0@ALICEK> Dear All I do trust you had a restful weekend and you are peacefully observing the 16 Days of Peace!! This week's topic focuses on one of the most ignored violations of women's rights...marital rape!! It is imperative that we begin to grapple with it as we reflect on and challenge cultural practices that discriminate women. Marital Rape? Some countries are still not convinced and plead culture There are mixed reactions to the idea of laws against marital rape in some countries in southern Africa. Although some countries have already enacted laws to protect people against marital rape, some are still not convinced that it is an offence that warrants legal provisions. This is generally so because most countries in the region regard marriage, especially payment of lobola, as granting men the right to demand sex as and when they wish. Culturally, once married a husband has conjugal rights over his wife. Sex, whether forced or consented, is regarded the husband's right. Research shows that women in marital relationships are more vulnerable to HIV/AIDS due to their limited power to negotiate safe sex. But some countries still think this does not warrant a law on marital rape. However, while in the past the general belief was that sex workers are the most vulnerable to HIV/AIDS infection, trends in the region seem to indicate that it is women in marital relationships that are more vulnerable to infection and this is even more so where they are in abusive relationships and partners do not respect their rights. Other cultural and customary practices such as polygamy add to the vulnerability of women. While polygamy exposes all parties involved to HIV/AIDS infection, the risk tends to be higher where there is gender violence and the involved partners refuse to get tested. Women in such relationships may end up risking their lives for fear of losing the husband or losing his favour. The other challenge for the region is that rape, whether in marriage or outside put women at higher risk of contracting the HIV virus. While some countries have tried to make anti-retroviral drugs easily available to survivors of rape, others have lagged behind for both economic and political reasons. And even in those countries where the drugs have been available, do women know about them and are they well informed to demand their right to them? Should these drugs be a right or a privilege? Questions: 1) How should we deal with culture, especially in most Southern African countries, that give automatic conjugal rights to men, even where women are at risk of contracting the HIV/AIDS virus? Are our governments taking the issue seriously? 2) Should governments be obliged to treat access to anti-retroviral drugs as a right for survivors of rape? How accessible are these drugs and do people have enough information and knowledge about them. Alice Kwaramba Senior Researcher Gender Links 1 Ernest Oppenheimer Street Lower Ground Floor Lakeside Place Bruma, 2198 Johannesburg South Africa Tel: +27 11 622 2877/7796 Fax: +27 11 622 4732 Email: alice@genderlinks.org.za research@genderlinks.org.za URL: www.genderlinks.org.za -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.sn.apc.org/pipermail/egemtraining/attachments/20021125/998db021/attachment-0002.htm From blopi at sardc.net Mon Nov 25 15:32:13 2002 From: blopi at sardc.net (Barbara Lopi) Date: Wed May 23 11:00:10 2007 Subject: [Egemtraining] Discussion topic for this week References: <003201c29455$27d7f2b0$0e00a8c0@ALICEK> Message-ID: <013c01c29487$143293f0$b300aac0@Barbara> Dear All This is another complex issue to which I could like to submit the following: HIV/AIDS is one pandemic that is posing a lot of challenges to our social, cultural and human rights practices. As individuals and communicators operating in an environment where anti-retroviral drugs are beyond the reach of many a people in our countries, we have a challenge to ensure that cultural and social practices that expose us to the risk of contracting the HIV/AIDS virus are revisited and revised. But this is not an easy task because it is one that encompasses dealing legal aspects, such as awareness, reform and dealing with stigma. For instance, in most of our southern African countries, despite the guaranteeing of fundamental freedoms to all citizens and the placing of strong emphasis on the equal worth of men and women, including the mentioning of sex and marital status in the non-discriminatory clauses in most constitutions, women continue to experience the most differential and unequal treatment when compared to men when it comes to the application of personal laws relating to marriage. This is, because most constitutions in the region also uphold that enjoyment by persons of their culture, tradition, custom and language should not be inconsistent with the constitution. This is why we so often read in the newspapers about most of our local court justices castigating women who experience marital problems for refusing to have had sex with their spouses especially when women suspected "foul play" on the part of their spouses. I think in view of the increasing HIV/AIDS epidemic, governments and indeed our societies in general should start taking the issue of marital rape seriously. This should also be coupled by revision of processes required before one is "certified as having been raped." The current procedure in many countries is so cumbersome and torturers that most "victims" of rape would rather suffer in silence than go through the process. Because of the cumbersome procedures, even if governments were to be obliged to treat access to anti-retroviral drugs as a right for survivors of rape, majority of the targeted group might not be able to benefit. While I support the idea of obliging governments to treat access to anti-retroviral drugs as a right for survivors of rape, more should be done legally, by recognizing marital rape as a crime and simplifying the procedures currently at play before one is certified to have been raped. Let's talk. Barbara -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.sn.apc.org/pipermail/egemtraining/attachments/20021125/a694cbc2/attachment-0002.html From research at genderlinks.org.za Mon Nov 25 17:11:41 2002 From: research at genderlinks.org.za (research) Date: Wed May 23 11:00:10 2007 Subject: [Egemtraining] Re: [Egemtraining] References: <3DDE74AB.4739.27177ED@localhost> Message-ID: <004101c29494$f5d0fce0$0e00a8c0@ALICEK> Lindiwe thanks very much for this additionl information Lindiwe. I hope we all make use of these resources and that we will continue to share with the gorup whatever other materials we come across. regards ----- Original Message ----- From: "ndzundzu" <120409@uniswacc.uniswa.sz> To: "research" Sent: Friday, November 22, 2002 6:17 PM Subject: Re: [Egemtraining] > Hi all, > > In the light of this week's discussions, I would like to draw your attention to an IPS publication > "Culture, Religion and Gender" - a training manual for the media. This publication deliberates > on the issues we have discussed and I'd say is a must-have for this era's > journalists/communicators. > I guess you all know IPS, Inter Press Service, since it has satellite communication links to > 1200 countries or so. > > Enjoy your weekend! > From research at genderlinks.org.za Mon Nov 25 17:20:39 2002 From: research at genderlinks.org.za (research) Date: Wed May 23 11:00:10 2007 Subject: [Egemtraining] Discussion topic for this week References: <003201c29455$27d7f2b0$0e00a8c0@ALICEK> <013c01c29487$143293f0$b300aac0@Barbara> Message-ID: <004c01c29496$36c99120$0e00a8c0@ALICEK> Dear All thanks very much Barbara for giving us something to kickstart the discussion. I agree that this is a challenging issue we have at hand and that we have a lot f challenges as communicators to. Some of the issues that you mention which i think we need to grapple with are issues of legal and constitutional provisions vs the reality on the ground (where mechanims are to ensure the legal provisions are not available), culture, custom and tradition vs the human rights of women (especially in marital relationships), the whole issue of rape and how we can begin to recognise the rights of survivors to infection. These, I think are some of the issue that we need to be reviewing and I am looking forward to what others think about these!!!!! Lets continue to talk!! Alice ----- Original Message ----- From: Barbara Lopi To: research ; egemtraining@lists.sn.apc.org Sent: Monday, November 25, 2002 3:32 PM Subject: Re: [Egemtraining] Discussion topic for this week Dear All This is another complex issue to which I could like to submit the following: HIV/AIDS is one pandemic that is posing a lot of challenges to our social, cultural and human rights practices. As individuals and communicators operating in an environment where anti-retroviral drugs are beyond the reach of many a people in our countries, we have a challenge to ensure that cultural and social practices that expose us to the risk of contracting the HIV/AIDS virus are revisited and revised. But this is not an easy task because it is one that encompasses dealing legal aspects, such as awareness, reform and dealing with stigma. For instance, in most of our southern African countries, despite the guaranteeing of fundamental freedoms to all citizens and the placing of strong emphasis on the equal worth of men and women, including the mentioning of sex and marital status in the non-discriminatory clauses in most constitutions, women continue to experience the most differential and unequal treatment when compared to men when it comes to the application of personal laws relating to marriage. This is, because most constitutions in the region also uphold that enjoyment by persons of their culture, tradition, custom and language should not be inconsistent with the constitution. This is why we so often read in the newspapers about most of our local court justices castigating women who experience marital problems for refusing to have had sex with their spouses especially when women suspected "foul play" on the part of their spouses. I think in view of the increasing HIV/AIDS epidemic, governments and indeed our societies in general should start taking the issue of marital rape seriously. This should also be coupled by revision of processes required before one is "certified as having been raped." The current procedure in many countries is so cumbersome and torturers that most "victims" of rape would rather suffer in silence than go through the process. Because of the cumbersome procedures, even if governments were to be obliged to treat access to anti-retroviral drugs as a right for survivors of rape, majority of the targeted group might not be able to benefit. While I support the idea of obliging governments to treat access to anti-retroviral drugs as a right for survivors of rape, more should be done legally, by recognizing marital rape as a crime and simplifying the procedures currently at play before one is certified to have been raped. Let's talk. Barbara -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.sn.apc.org/pipermail/egemtraining/attachments/20021125/c5d12291/attachment-0002.htm From lindiwe at genderlinks.org.za Mon Nov 25 07:12:36 2002 From: lindiwe at genderlinks.org.za (lindiwe nkutha) Date: Wed May 23 11:00:10 2007 Subject: [Egemtraining] Discussion topic for this week References: <003201c29455$27d7f2b0$0e00a8c0@ALICEK> <013c01c29487$143293f0$b300aac0@Barbara> <004c01c29496$36c99120$0e00a8c0@ALICEK> Message-ID: <002b01c29441$44fe0b40$0f00a8c0@MOTH> I'm feeling so iffy about doinf this, but I'll do it anyways. A coalation of NGO's working in the area of gender violence in Southern Africa yesterday launched the 16 days of Peace campaisn which will run until the 10 December this year. as part of the activities we's set aside space on our webpage www.genderlinks.org.za to discuss these issues. Please visit our site, and sign the Peace Pledge committing yourself to a 16 Days and 365 days and a lifetime of Peace. Also leave a message on the memorial wall in memory of loved ones who may have lost their lives to gender violence, find out what activities are happening which you could become a part of and if there is inspiration still, share with us you creative expresssions in the section called your own words. Please let as many people as possible know that this happening during this period, and encourage them to commit themselves to Peace. We look forward to having you there. Regards Lindiwe Nkutha Having finished "marketing" :-) I will come back and contribute to the on going discussion. ----- Original Message ----- From: research To: Barbara Lopi ; egemtraining@lists.sn.apc.org Sent: Monday, November 25, 2002 5:20 PM Subject: Re: [Egemtraining] Discussion topic for this week Dear All thanks very much Barbara for giving us something to kickstart the discussion. I agree that this is a challenging issue we have at hand and that we have a lot f challenges as communicators to. Some of the issues that you mention which i think we need to grapple with are issues of legal and constitutional provisions vs the reality on the ground (where mechanims are to ensure the legal provisions are not available), culture, custom and tradition vs the human rights of women (especially in marital relationships), the whole issue of rape and how we can begin to recognise the rights of survivors to infection. These, I think are some of the issue that we need to be reviewing and I am looking forward to what others think about these!!!!! Lets continue to talk!! Alice ----- Original Message ----- From: Barbara Lopi To: research ; egemtraining@lists.sn.apc.org Sent: Monday, November 25, 2002 3:32 PM Subject: Re: [Egemtraining] Discussion topic for this week Dear All This is another complex issue to which I could like to submit the following: HIV/AIDS is one pandemic that is posing a lot of challenges to our social, cultural and human rights practices. As individuals and communicators operating in an environment where anti-retroviral drugs are beyond the reach of many a people in our countries, we have a challenge to ensure that cultural and social practices that expose us to the risk of contracting the HIV/AIDS virus are revisited and revised. But this is not an easy task because it is one that encompasses dealing legal aspects, such as awareness, reform and dealing with stigma. For instance, in most of our southern African countries, despite the guaranteeing of fundamental freedoms to all citizens and the placing of strong emphasis on the equal worth of men and women, including the mentioning of sex and marital status in the non-discriminatory clauses in most constitutions, women continue to experience the most differential and unequal treatment when compared to men when it comes to the application of personal laws relating to marriage. This is, because most constitutions in the region also uphold that enjoyment by persons of their culture, tradition, custom and language should not be inconsistent with the constitution. This is why we so often read in the newspapers about most of our local court justices castigating women who experience marital problems for refusing to have had sex with their spouses especially when women suspected "foul play" on the part of their spouses. I think in view of the increasing HIV/AIDS epidemic, governments and indeed our societies in general should start taking the issue of marital rape seriously. This should also be coupled by revision of processes required before one is "certified as having been raped." The current procedure in many countries is so cumbersome and torturers that most "victims" of rape would rather suffer in silence than go through the process. Because of the cumbersome procedures, even if governments were to be obliged to treat access to anti-retroviral drugs as a right for survivors of rape, majority of the targeted group might not be able to benefit. While I support the idea of obliging governments to treat access to anti-retroviral drugs as a right for survivors of rape, more should be done legally, by recognizing marital rape as a crime and simplifying the procedures currently at play before one is certified to have been raped. Let's talk. Barbara -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.sn.apc.org/pipermail/egemtraining/attachments/20021125/59e5894a/attachment-0002.html From jennifer at misa.org Tue Nov 26 10:01:58 2002 From: jennifer at misa.org (Jennifer Mufune) Date: Wed May 23 11:00:10 2007 Subject: [Egemtraining] Discussion topic for this week In-Reply-To: <004c01c29496$36c99120$0e00a8c0@ALICEK> References: <003201c29455$27d7f2b0$0e00a8c0@ALICEK> <013c01c29487$143293f0$b300aac0@Barbara> <004c01c29496$36c99120$0e00a8c0@ALICEK> Message-ID: Hallo everyone This week's topic comes at the right time for women in Namibia and especially when we are trying to observe the 16 Days of Peace. In response to Alice's e-mail, I would like to share with you the discussions that have been going on in the Namibian parliament for the past couple of days talking about the Bill on Combating Domestic Violence. I can tell you that some of the comments made are enough to drive any sane person round the bend. I have never heard so much crap coming out of the mouths of some of the male parliamentarians and ministers who I believe are deliberately trying to ridicule the Bill. As can be expected, the female MPs and Ministers (fortunately) stood together and made some very good contributions to the debate in parliament with a handful of men, whilst their male counterparts have done their utmost to trivialize the whole issue and are trying to pass it off as bedroom/private business. Yesterday a deputy minister claimed that the Bill on the Combating of Domestic Violence was not "necessary" and would serve only a few "elite women." He went on to claim that he had spoken to ordinary Namibian women who feel that this bill is unnecessary (we are curious to know who these women are and when he went round to ask them). He said for the Bill to suggest that "married couples could also rape each other is un-African". "I have never heard of a case where a husband was sent to jail for raping his wife," he charged. This man's response is a good example of the reality on the ground and the reason why we fail to see important legislation passed that will make life better for all because of these attitudes and beliefs from the mostly male leaders we have. How do we deal with people like this deputy minister who clearly does not see women's issues as important and cannot stand up and contribute positively to support legislation that will make life better for all. How do we go about changing these sort of die hard attitudes? Regards, Jennifer, Windhoek >Dear All >thanks very much Barbara for giving us something to kickstart the >discussion. I agree that this is a challenging issue we have at hand >and that we have a lot f challenges as communicators to. Some of the >issues that you mention which i think we need to grapple with are >issues of legal and constitutional provisions vs the reality on the >ground (where mechanims are to ensure the legal provisions are not >available), culture, custom and tradition vs the human rights of >women (especially in marital relationships), the whole issue of rape >and how we can begin to recognise the rights of survivors to >infection. These, I think are some of the issue that we need to be >reviewing and I am looking forward to what others think >about these!!!!! Lets continue to talk!! >Alice > > >----- Original Message ----- >From: Barbara Lopi >To: research ; >egemtraining@lists.sn.apc.org >Sent: Monday, November 25, 2002 3:32 PM >Subject: Re: [Egemtraining] Discussion topic for this week > >Dear All >This is another complex issue to which I could like to submit the following: >HIV/AIDS is one pandemic that is posing a lot of challenges to our >social, cultural and human rights practices. As individuals and >communicators operating in an environment where anti-retroviral >drugs are beyond the reach of many a people in our countries, we >have a challenge to ensure that cultural and social practices that >expose us to the risk of contracting the HIV/AIDS virus are >revisited and revised. But this is not an easy task because it is >one that encompasses dealing legal aspects, such as awareness, >reform and dealing with stigma. For instance, in most of our >southern African countries, despite the guaranteeing of fundamental >freedoms to all citizens and the placing of strong emphasis on the >equal worth of men and women, including the mentioning of sex and >marital status in the non-discriminatory clauses in most >constitutions, women continue to experience the most differential >and unequal treatment when compared to men when it comes to the >application of personal laws relating to marriage. This is, because >most constitutions in the region also uphold that enjoyment by >persons of their culture, tradition, custom and language should not >be inconsistent with the constitution. This is why we so often read >in the newspapers about most of our local court justices castigating >women who experience marital problems for refusing to have had sex >with their spouses especially when women suspected ?foul play? on >the part of their spouses. I think in view of the increasing >HIV/AIDS epidemic, governments and indeed our societies in general >should start taking the issue of marital rape seriously. This should >also be coupled by revision of processes required before one is >?certified as having been raped.? The current procedure in many >countries is so cumbersome and torturers that most ?victims? of rape >would rather suffer in silence than go through the process. Because >of the cumbersome procedures, even if governments were to be obliged >to treat access to anti-retroviral drugs as a right for survivors of >rape, majority of the targeted group might not be able to benefit. >While I support the idea of obliging governments to treat access to >anti-retroviral drugs as a right for survivors of rape, more should >be done legally, by recognizing marital rape as a crime and >simplifying the procedures currently at play before one is certified >to have been raped. >Let's talk. >Barbara -------------- next part -------------- A non-text attachment was scrubbed... Name: not available Type: text/enriched Size: 5797 bytes Desc: not available Url : http://lists.sn.apc.org/pipermail/egemtraining/attachments/20021126/29d74831/attachment-0002.bin From Kudzaishe at mwengo.org.zw Tue Nov 26 14:11:01 2002 From: Kudzaishe at mwengo.org.zw (Kudzaishe) Date: Wed May 23 11:00:10 2007 Subject: [Egemtraining] Discussion topic for this week Message-ID: <30C1EF84C3B1D611AE8A008048D7AA3D0284B4@SERVER> Dear All Some comments on the topic: On marital rape, unfortunately in our society it is not considered a crime. The majority of the people in society see it as the right of the man to get sex from his wife whenever he feels like it. Some justify this by saying that if the woman does not have sex with her husband on demand, he will be justified in "finding it elsewhere" as it were. Unfortunately, society views bride-price as buying a wife. This attitude is perpetuated by relatives who have commercialised the bride price by asking for huge amounts of money or even property from the potential son-in-law. This is as opposed to the symbolism of the act whereby the bride price is supposed to be a way of thanking/ appreciation/ acknowledgment act on the part of the son-in-law towards the parents of the woman. This property/ investment concept makes it harder for the woman to be able to negotiate for safe sex for example. It is the right of every woman who has been raped to have access to anti-retrovirals, in fact I feel it is the right of every woman who has been exposed to the virus to have access to these drugs. However, the greatest restricting factor is the cost, the drugs are very expensive. This is where the commitment from the government comes in and this is very important as they are the ones who can ensure that they source cheaper generic drugs and they also make distribution and access easier. Kudzai -----Original Message----- From: research [SMTP:research@genderlinks.org.za] Sent: 25 November 2002 09:35 To: egemtraining@lists.sn.apc.org Subject: [Egemtraining] Discussion topic for this week Dear All I do trust you had a restful weekend and you are peacefully observing the 16 Days of Peace!! This week's topic focuses on one of the most ignored violations of women's rights...marital rape!! It is imperative that we begin to grapple with it as we reflect on and challenge cultural practices that discriminate women. Marital Rape? Some countries are still not convinced and plead culture There are mixed reactions to the idea of laws against marital rape in some countries in southern Africa. Although some countries have already enacted laws to protect people against marital rape, some are still not convinced that it is an offence that warrants legal provisions. This is generally so because most countries in the region regard marriage, especially payment of lobola, as granting men the right to demand sex as and when they wish. Culturally, once married a husband has conjugal rights over his wife. Sex, whether forced or consented, is regarded the husband's right. Research shows that women in marital relationships are more vulnerable to HIV/AIDS due to their limited power to negotiate safe sex. But some countries still think this does not warrant a law on marital rape. However, while in the past the general belief was that sex workers are the most vulnerable to HIV/AIDS infection, trends in the region seem to indicate that it is women in marital relationships that are more vulnerable to infection and this is even more so where they are in abusive relationships and partners do not respect their rights. Other cultural and customary practices such as polygamy add to the vulnerability of women. While polygamy exposes all parties involved to HIV/AIDS infection, the risk tends to be higher where there is gender violence and the involved partners refuse to get tested. Women in such relationships may end up risking their lives for fear of losing the husband or losing his favour. The other challenge for the region is that rape, whether in marriage or outside put women at higher risk of contracting the HIV virus. While some countries have tried to make anti-retroviral drugs easily available to survivors of rape, others have lagged behind for both economic and political reasons. And even in those countries where the drugs have been available, do women know about them and are they well informed to demand their right to them? Should these drugs be a right or a privilege? Questions: 1) How should we deal with culture, especially in most Southern African countries, that give automatic conjugal rights to men, even where women are at risk of contracting the HIV/AIDS virus? Are our governments taking the issue seriously? 2) Should governments be obliged to treat access to anti-retroviral drugs as a right for survivors of rape? How accessible are these drugs and do people have enough information and knowledge about them. Alice Kwaramba Senior Researcher Gender Links 1 Ernest Oppenheimer Street Lower Ground Floor Lakeside Place Bruma, 2198 Johannesburg South Africa Tel: +27 11 622 2877/7796 Fax: +27 11 622 4732 Email: alice@genderlinks.org.za research@genderlinks.org.za URL: www.genderlinks.org.za From ebasadi at global.bw Tue Nov 26 14:33:30 2002 From: ebasadi at global.bw (ebasadi) Date: Wed May 23 11:00:11 2007 Subject: [Egemtraining] Discussion topic for this week References: <003201c29455$27d7f2b0$0e00a8c0@ALICEK><013c01c29487$143293f0$b300aac0@Barbara><004c01c29496$36c99120$0e00a8c0@ALICEK> Message-ID: <003201c29548$07cf3840$e285fea9@peter> Perhaps we need to change the language and approach- Let start looking at it from an athropological perspective- because it involves a lot about how mankind has evolved and what determines certain human practices. There has to a theory first to explain the antithesis. Peter ----- Original Message ----- From: Jennifer Mufune To: egemtraining@lists.sn.apc.org Cc: research@genderlinks.org.za Sent: Tuesday, November 26, 2002 10:01 AM Subject: Re: [Egemtraining] Discussion topic for this week Hallo everyone This week's topic comes at the right time for women in Namibia and especially when we are trying to observe the 16 Days of Peace. In response to Alice's e-mail, I would like to share with you the discussions that have been going on in the Namibian parliament for the past couple of days talking about the Bill on Combating Domestic Violence. I can tell you that some of the comments made are enough to drive any sane person round the bend. I have never heard so much crap coming out of the mouths of some of the male parliamentarians and ministers who I believe are deliberately trying to ridicule the Bill. As can be expected, the female MPs and Ministers (fortunately) stood together and made some very good contributions to the debate in parliament with a handful of men, whilst their male counterparts have done their utmost to trivialize the whole issue and are trying to pass it off as bedroom/private business. Yesterday a deputy minister claimed that the Bill on the Combating of Domestic Violence was not "necessary" and would serve only a few "elite women." He went on to claim that he had spoken to ordinary Namibian women who feel that this bill is unnecessary (we are curious to know who these women are and when he went round to ask them). He said for the Bill to suggest that "married couples could also rape each other is un-African". "I have never heard of a case where a husband was sent to jail for raping his wife," he charged. This man's response is a good example of the reality on the ground and the reason why we fail to see important legislation passed that will make life better for all because of these attitudes and beliefs from the mostly male leaders we have. How do we deal with people like this deputy minister who clearly does not see women's issues as important and cannot stand up and contribute positively to support legislation that will make life better for all. How do we go about changing these sort of die hard attitudes? Regards, Jennifer, Windhoek Dear All thanks very much Barbara for giving us something to kickstart the discussion. I agree that this is a challenging issue we have at hand and that we have a lot f challenges as communicators to. Some of the issues that you mention which i think we need to grapple with are issues of legal and constitutional provisions vs the reality on the ground (where mechanims are to ensure the legal provisions are not available), culture, custom and tradition vs the human rights of women (especially in marital relationships), the whole issue of rape and how we can begin to recognise the rights of survivors to infection. These, I think are some of the issue that we need to be reviewing and I am looking forward to what others think about these!!!!! Lets continue to talk!! Alice ----- Original Message ----- From: Barbara Lopi To: research ; egemtraining@lists.sn.apc.org Sent: Monday, November 25, 2002 3:32 PM Subject: Re: [Egemtraining] Discussion topic for this week Dear All This is another complex issue to which I could like to submit the following: HIV/AIDS is one pandemic that is posing a lot of challenges to our social, cultural and human rights practices. As individuals and communicators operating in an environment where anti-retroviral drugs are beyond the reach of many a people in our countries, we have a challenge to ensure that cultural and social practices that expose us to the risk of contracting the HIV/AIDS virus are revisited and revised. But this is not an easy task because it is one that encompasses dealing legal aspects, such as awareness, reform and dealing with stigma. For instance, in most of our southern African countries, despite the guaranteeing of fundamental freedoms to all citizens and the placing of strong emphasis on the equal worth of men and women, including the mentioning of sex and marital status in the non-discriminatory clauses in most constitutions, women continue to experience the most differential and unequal treatment when compared to men when it comes to the application of personal laws relating to marriage. This is, because most constitutions in the region also uphold that enjoyment by persons of their culture, tradition, custom and language should not be inconsistent with the constitution. This is why we so often read in the newspapers about most of our local court justices castigating women who experience marital problems for refusing to have had sex with their spouses especially when women suspected "foul play" on the part of their spouses. I think in view of the increasing HIV/AIDS epidemic, governments and indeed our societies in general should start taking the issue of marital rape seriously. This should also be coupled by revision of processes required before one is "certified as having been raped." The current procedure in many countries is so cumbersome and torturers that most "victims" of rape would rather suffer in silence than go through the process. Because of the cumbersome procedures, even if governments were to be obliged to treat access to anti-retroviral drugs as a right for survivors of rape, majority of the targeted group might not be able to benefit. While I support the idea of obliging governments to treat access to anti-retroviral drugs as a right for survivors of rape, more should be done legally, by recognizing marital rape as a crime and simplifying the procedures currently at play before one is certified to have been raped. Let's talk. Barbara -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.sn.apc.org/pipermail/egemtraining/attachments/20021126/78095d3e/attachment-0002.html From blopi at sardc.net Tue Nov 26 15:25:27 2002 From: blopi at sardc.net (Barbara Lopi) Date: Wed May 23 11:00:11 2007 Subject: [Egemtraining] Discussion topic for this week References: <003201c29455$27d7f2b0$0e00a8c0@ALICEK><013c01c29487$143293f0$b300aac0@Barbara><004c01c29496$36c99120$0e00a8c0@ALICEK> <003201c29548$07cf3840$e285fea9@peter> Message-ID: <003601c2954f$4a793e50$b300aac0@Barbara> Talking about the "need to change the language" Peter, "humankind" is more inclusive as opposed to "mankind" (smile). Barbara. ----- Original Message ----- From: ebasadi To: egemtraining@lists.sn.apc.org ; Jennifer Mufune Cc: research@genderlinks.org.za Sent: Tuesday, November 26, 2002 2:33 PM Subject: Re: [Egemtraining] Discussion topic for this week Perhaps we need to change the language and approach- Let start looking at it from an athropological perspective- because it involves a lot about how mankind has evolved and what determines certain human practices. There has to a theory first to explain the antithesis. Peter ----- Original Message ----- From: Jennifer Mufune To: egemtraining@lists.sn.apc.org Cc: research@genderlinks.org.za Sent: Tuesday, November 26, 2002 10:01 AM Subject: Re: [Egemtraining] Discussion topic for this week Hallo everyone This week's topic comes at the right time for women in Namibia and especially when we are trying to observe the 16 Days of Peace. In response to Alice's e-mail, I would like to share with you the discussions that have been going on in the Namibian parliament for the past couple of days talking about the Bill on Combating Domestic Violence. I can tell you that some of the comments made are enough to drive any sane person round the bend. I have never heard so much crap coming out of the mouths of some of the male parliamentarians and ministers who I believe are deliberately trying to ridicule the Bill. As can be expected, the female MPs and Ministers (fortunately) stood together and made some very good contributions to the debate in parliament with a handful of men, whilst their male counterparts have done their utmost to trivialize the whole issue and are trying to pass it off as bedroom/private business. Yesterday a deputy minister claimed that the Bill on the Combating of Domestic Violence was not "necessary" and would serve only a few "elite women." He went on to claim that he had spoken to ordinary Namibian women who feel that this bill is unnecessary (we are curious to know who these women are and when he went round to ask them). He said for the Bill to suggest that "married couples could also rape each other is un-African". "I have never heard of a case where a husband was sent to jail for raping his wife," he charged. This man's response is a good example of the reality on the ground and the reason why we fail to see important legislation passed that will make life better for all because of these attitudes and beliefs from the mostly male leaders we have. How do we deal with people like this deputy minister who clearly does not see women's issues as important and cannot stand up and contribute positively to support legislation that will make life better for all. How do we go about changing these sort of die hard attitudes? Regards, Jennifer, Windhoek Dear All thanks very much Barbara for giving us something to kickstart the discussion. I agree that this is a challenging issue we have at hand and that we have a lot f challenges as communicators to. Some of the issues that you mention which i think we need to grapple with are issues of legal and constitutional provisions vs the reality on the ground (where mechanims are to ensure the legal provisions are not available), culture, custom and tradition vs the human rights of women (especially in marital relationships), the whole issue of rape and how we can begin to recognise the rights of survivors to infection. These, I think are some of the issue that we need to be reviewing and I am looking forward to what others think about these!!!!! Lets continue to talk!! Alice ----- Original Message ----- From: Barbara Lopi To: research ; egemtraining@lists.sn.apc.org Sent: Monday, November 25, 2002 3:32 PM Subject: Re: [Egemtraining] Discussion topic for this week Dear All This is another complex issue to which I could like to submit the following: HIV/AIDS is one pandemic that is posing a lot of challenges to our social, cultural and human rights practices. As individuals and communicators operating in an environment where anti-retroviral drugs are beyond the reach of many a people in our countries, we have a challenge to ensure that cultural and social practices that expose us to the risk of contracting the HIV/AIDS virus are revisited and revised. But this is not an easy task because it is one that encompasses dealing legal aspects, such as awareness, reform and dealing with stigma. For instance, in most of our southern African countries, despite the guaranteeing of fundamental freedoms to all citizens and the placing of strong emphasis on the equal worth of men and women, including the mentioning of sex and marital status in the non-discriminatory clauses in most constitutions, women continue to experience the most differential and unequal treatment when compared to men when it comes to the application of personal laws relating to marriage. This is, because most constitutions in the region also uphold that enjoyment by persons of their culture, tradition, custom and language should not be inconsistent with the constitution. This is why we so often read in the newspapers about most of our local court justices castigating women who experience marital problems for refusing to have had sex with their spouses especially when women suspected "foul play" on the part of their spouses. I think in view of the increasing HIV/AIDS epidemic, governments and indeed our societies in general should start taking the issue of marital rape seriously. This should also be coupled by revision of processes required before one is "certified as having been raped." The current procedure in many countries is so cumbersome and torturers that most "victims" of rape would rather suffer in silence than go through the process. Because of the cumbersome procedures, even if governments were to be obliged to treat access to anti-retroviral drugs as a right for survivors of rape, majority of the targeted group might not be able to benefit. While I support the idea of obliging governments to treat access to anti-retroviral drugs as a right for survivors of rape, more should be done legally, by recognizing marital rape as a crime and simplifying the procedures currently at play before one is certified to have been raped. Let's talk. Barbara -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.sn.apc.org/pipermail/egemtraining/attachments/20021126/6dfbe398/attachment-0002.htm From radiomaria at malawi.net Wed Nov 27 09:43:38 2002 From: radiomaria at malawi.net (Fr. Steve Kamanga jnr) Date: Wed May 23 11:00:11 2007 Subject: [Egemtraining] Discussion topic for this week References: <003201c29455$27d7f2b0$0e00a8c0@ALICEK> Message-ID: <000201c29609$97dfe4e0$01a894d0@computer> Dear all This week's topic is a challenging one. The issue of rape let alone marital rape is and has always been a crime against the diginity of humanity. In these modern days, the issue has become a very serious crime requiring serious attention because of HIV/AIDS. I think governments in the region are trying to do something but I think the impact of the action is very minimal because of a number of issues. The first one being that the HIV/AIDS pandemic has hit the region together with many other equally serious problems like hunger, wars, political instabilities etc equally requiring big economic funding. This situation then has made it very impossible for the governments to teach about the anti-retroviral drugs and make them available to all the people. There is a lot of talking but very little is seen being done. Like in Malawi where three quarters of the population are living below the poverty line, the drug is still very expensive despite the efforts of government to subsidize over the price of the drug. In some cases, the issue of the drugs has been politicized so much that some political leaders wish to use the drug to advance their wishes and gains. In any case, the feeling is very strong that governments should be obliged to treat access to the drug a right to all especially the survivors of rape. Since access to the drug is very limited due to the reasons mentioned above, there is need to find a way of minimizing the risk of contracting the disease especially to the women who according to research are more vulnerable than men. I think the only lasting solution would not be far from the one we discussed in last week's discussion. The issue of culture. We realise with a lot sadness that it is culture (as understood by many) that gives to man automatic conjugal rights that leaves women at risking positions. The situation where man believes he is the master of his wife on matters of sex no matter what is originating from what people have socially grown to learn in their society through formal but mostly informal lessons and they believe that is within their culture. Together with the men, women also have grown to believe in the same way. I am a wife I cant refuse sex in whatever situation I am otherwise I will not be worthy a wife, or I loose my marriage or I allow my husband to fetch for some sex elsewhere. So I do it in as long as HE needs it. Now to change it we must move towards changing our cultures. As we said in our last week's discussion, it is not easy to change culture. If anything then that must be a long term plan. You cant rise up in a day to change culture. Culture involves change of mentality of the people in society. We need to do the changing perhaps through what others have called gender mainstreaming where we include issues og gender equality in all aspects of our lives; education systems, religious beliefs, traditional initiations, etc. In this case we will be allowing what we conceive as culture to recognize the equality of people hence equal accessibility to different rights including conjugal right. Governments I believe must be on the forefront to initiate such changes by providing possibility of modifying what we have and what we are to ensure true standard of accessibility to human rights. In most of the countries in the region, as I see in Malawi, this work is being carried out too slowly where perhaps laws will be inserted into the constitution to safeguard the woman from rape in side marriage. one reason behind this being I don't see good representation of women in many decision making groups in the countries of this region. the parliaments, legal practitioners etc and male dominated and the impact of women is very low. Who can give true testimony of marital rape apart from women themselves who are mostly the victims at the hands of men who mostly play the perpetrator. There is need therefore to intensify schooling on these issue more men than women because I believe if men understand the cry they will find a way out of the problem. Teach and convince the law makers, the planners, the church leaders. Sorry it is long. Steve ----- Original Message ----- From: research To: egemtraining@lists.sn.apc.org Sent: Monday, November 25, 2002 9:34 AM Subject: [Egemtraining] Discussion topic for this week Dear All I do trust you had a restful weekend and you are peacefully observing the 16 Days of Peace!! This week's topic focuses on one of the most ignored violations of women's rights...marital rape!! It is imperative that we begin to grapple with it as we reflect on and challenge cultural practices that discriminate women. Marital Rape? Some countries are still not convinced and plead culture There are mixed reactions to the idea of laws against marital rape in some countries in southern Africa. Although some countries have already enacted laws to protect people against marital rape, some are still not convinced that it is an offence that warrants legal provisions. This is generally so because most countries in the region regard marriage, especially payment of lobola, as granting men the right to demand sex as and when they wish. Culturally, once married a husband has conjugal rights over his wife. Sex, whether forced or consented, is regarded the husband's right. Research shows that women in marital relationships are more vulnerable to HIV/AIDS due to their limited power to negotiate safe sex. But some countries still think this does not warrant a law on marital rape. However, while in the past the general belief was that sex workers are the most vulnerable to HIV/AIDS infection, trends in the region seem to indicate that it is women in marital relationships that are more vulnerable to infection and this is even more so where they are in abusive relationships and partners do not respect their rights. Other cultural and customary practices such as polygamy add to the vulnerability of women. While polygamy exposes all parties involved to HIV/AIDS infection, the risk tends to be higher where there is gender violence and the involved partners refuse to get tested. Women in such relationships may end up risking their lives for fear of losing the husband or losing his favour. The other challenge for the region is that rape, whether in marriage or outside put women at higher risk of contracting the HIV virus. While some countries have tried to make anti-retroviral drugs easily available to survivors of rape, others have lagged behind for both economic and political reasons. And even in those countries where the drugs have been available, do women know about them and are they well informed to demand their right to them? Should these drugs be a right or a privilege? Questions: 1) How should we deal with culture, especially in most Southern African countries, that give automatic conjugal rights to men, even where women are at risk of contracting the HIV/AIDS virus? Are our governments taking the issue seriously? 2) Should governments be obliged to treat access to anti-retroviral drugs as a right for survivors of rape? How accessible are these drugs and do people have enough information and knowledge about them. Alice Kwaramba Senior Researcher Gender Links 1 Ernest Oppenheimer Street Lower Ground Floor Lakeside Place Bruma, 2198 Johannesburg South Africa Tel: +27 11 622 2877/7796 Fax: +27 11 622 4732 Email: alice@genderlinks.org.za research@genderlinks.org.za URL: www.genderlinks.org.za -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.sn.apc.org/pipermail/egemtraining/attachments/20021127/e02d78b1/attachment-0002.html From ebasadi at global.bw Wed Nov 27 16:19:05 2002 From: ebasadi at global.bw (Emang Basadi) Date: Wed May 23 11:00:11 2007 Subject: [Egemtraining] Marital Rape Message-ID: Yes first to accept that it does exist. B ut the querstion is are women -all women not just who understand it see it that way. Because that should be the first thing to understand in order to find solutions both legally and socially. Peter --- Outgoing mail is certified Virus Free. Checked by AVG anti-virus system (http://www.grisoft.com). Version: 6.0.401 / Virus Database: 226 - Release Date: 09/10/02 From ebasadi at global.bw Wed Nov 27 16:29:18 2002 From: ebasadi at global.bw (Emang Basadi) Date: Wed May 23 11:00:11 2007 Subject: [Egemtraining] hear, hear In-Reply-To: <200211182010.WAA13746@dailynews.co.zw> Message-ID: hear, hearYes but whose culture is it- that seems to dehuminise others and uplift other. Ithink there is hierarchy in this kind of culture and really there nothing good and bad about it- It should be looked at from a different angle rather because looking at it from that perspective does help in terms of offering not giving an anylitic insight- what we need is somerthing that can show the evolution of humnkind with in time and spapce. For instance the king represent the ruling class and that how they want us to believe that there something called culture- instead it is rather a ritual. It thgen appeares that anything that dehuminises others especially the weak and marginalised can not be said to identicasl to classical practices- though it terms of classics it was there that the ruling class wouls create a fort for them and make it appear that it si something that should /can be shared by all. Culture is something that was created and givem meaning the ruling class as it does not give identity to all. It something psychological in that it want to create a cvommon identity and people especially the powerless find solance in it- while the ruling class benefit from such constructions. this is just a thought P. Tshukudu -----Original Message----- From: egemtraining-admin@lists.sn.apc.org [mailto:egemtraining-admin@lists.sn.apc.org]On Behalf Of Columbus S. Mavhunga Sent: 18 November 2002 17:31 To: research; egemtraining Subject: [Egemtraining] hear, hear Folks, I must confess that my submissions are going to be 'affected' by what Lindiwe said. She brought very relevant points which will be my starting points and I will just try to reinforce them and add anything if she has anything that she left out. ----------- ----------- ----------- ----------- ----------- ------------ ------- ----- ----- As Lindi was signing off she said: "Culture can be used to advance or secure people's positions... I need to make it clear that I do not think that culture is all bad." I think African culture is one thing I have ever liked - debatable of course this is. It was 'invented' to make life nice for every African - from the king to the poorest person like me - be it a male or a female. Kings were meant to make sure that the customs were adhered to hence there was an indaba (royal court) where those who would have breached the cultural norms would be tried. But in the case of Swazi king - if at all he still deserves the title king - we are dealing without someone who is trying to manipulate a system. Culturally, Kings were meant to protect the vulnerable, but in the case of Mswati he has decided to feed on the prey. Do I hear someone say a who will protect the flock from preditors when the shephered starts pounding on his flock unjustifiably? In a real African culture there is no 'marriage' that would take place between a bride and a bridegroom without the consent of the bride's family. The marriage, in fact, needs the blessings of both in-laws. I am surprised that Mswati he abducted Zena without the consent of her mother (Lindiwe Dlamini). What makes it worse is that Zena is just 18 years old. I stand to be corrected if African culture did not respect the rights of a minor. If Mswati was to stand by his "African culture' what then is he going to do when it comes to the wedding ceremony. (I cannot recall the traditional name.) It has to involve both in-laws, doesn't it? There is noone who would want to 'destroy our customs and traditions' as Mswati claims. But he must use his greedness in the name of culture otherwise we we would sought the help of the West and human right activists to destroy it. Mswati even boasts further: "I can be blamed left and right, but the fact of the matter is that it is our culture that I should marry many wives as I can. I cannot allow myself to be forced to follow Western culture." Granted, let him marry as many wives as he likes, but he must not rape as many wives as he likes in the guise of culture, in his day and age of the AIDS/HIV pandemic. Let me stress that there no 'clash between customs and modernity' as some people would want to put it. It is simply a clash between a babarian and a civilised society. I wonder if there would be anyone around who would witness the day Mswati regains his conscience and be asked what happens if he was in the shoes of Mama Dlamini. He would blink hundred times and keep quiet. I am outta here, coil. a --- Outgoing mail is certified Virus Free. Checked by AVG anti-virus system (http://www.grisoft.com). Version: 6.0.401 / Virus Database: 226 - Release Date: 09/10/02 -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.sn.apc.org/pipermail/egemtraining/attachments/20021127/9f34a43b/attachment-0002.htm From HardyC at law.wits.ac.za Thu Nov 28 14:31:01 2002 From: HardyC at law.wits.ac.za (Chloe Hardy) Date: Wed May 23 11:00:11 2007 Subject: [Egemtraining] Marital rape and HIV References: <003201c29455$27d7f2b0$0e00a8c0@ALICEK> Message-ID: <001601c296da$02ff06e0$2e228d92@fnb.wits.ac.za> Hi everyone Here are a few thoughts on marital rape in the context of the HIV epidemic: In sub-Saharan Africa, HIV is increasingly affecting women. This is because women are biologically more vulnerable to HIV infection, and because of social factors, such as gender inequality. It is difficult to speak sweepingly about culture, but generally (and this is probably true around the world), it is considered more acceptable for men to have multiple sexual partners than women. Migrant labour contributes to this problem, with men tending to have a family home, while in engaging in a variety of relationships with other women in their areas of work. Women, particularly married women, are often financially dependent on their male partners, and simply have no say in matters of sex and reproduction. For a variety of complex social, economic and cultural reasons, they are unable to insist that their husband's use condoms or remain faithful. Many women are aware of their husband's extramarital affairs, but powerless to stop them. When domestic violence (and marital rape is an extreme form of domestic violence) is present in a relationship, it is even more difficult for a woman to insist on safer sex. One of the myths about HIV is that it is confined to certain "high risk" groups, such as sex workers. The reality is that HIV is transmitted where-ever people have multiple partners and unsafe sex. Married women are a particularly vulnerable group, because it is very difficult for them to ask their husband to use condoms; they can be faithful themselves, but have no power to prevent their husbands from having affairs; and they risk being raped by their husbands if they try to abstain from sex. Providing PEP (anti-retroviral drugs to prevent HIV infection) to survivors of marital rape may also not be feasible. PEP has been used for many years to prevent HIV infection in health care workers who have sustained needle-stick injuries. Basically, the drugs are taken for 28 days after the incident, and prevent infection after a single, high-risk exposure. Recently, PEP has been recommended for preventing HIV infection after rape, as rape is usually also a single, risk exposure, and the same principles apply. However, PEP is not effective where a person is repeatedly exposed to HIV. Unfortunately, it is unlikely to be effective in situations of marital rape, because there is a good chance that if the husband is HIV positive, his wife will already have been exposed to the virus during consensual sex (or during previous marital rapes). There is also the likelihood that she will be exposed again in future, if she continues to live with him. PEP would probably only be effective in the rare cases where a woman had not previously been infected by an HIV positive husband, and has left him immediately after the rape. As you can see, women's lack of power in sexual relationships (including marriage) is a major contributing factor to the spread of HIV. Put another way, if we are to successfully combat HIV, we need to challenge men's power over women's bodies. Thanks very much Chloe Hardy AIDS Law Project -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.sn.apc.org/pipermail/egemtraining/attachments/20021128/467c0a6d/attachment-0002.html From research at genderlinks.org.za Fri Nov 29 13:12:21 2002 From: research at genderlinks.org.za (research) Date: Wed May 23 11:00:11 2007 Subject: [Egemtraining] Marital rape and HIV References: <003201c29455$27d7f2b0$0e00a8c0@ALICEK> <001601c296da$02ff06e0$2e228d92@fnb.wits.ac.za> Message-ID: <007501c29798$30e9b140$0e00a8c0@ALICEK> Dear All Thank you so much for a fruitful week of discussing a very thorny subject to say the least. This week has also been a sad one for us at the office, with Alice taking ill with chicken pox and being in bed for the better part of the week. We send her our love and well wishes. Thanks to Chloe for wrapping this weeks discussions, as well as for the pertinent issues she raises including: 1.How at the core of the problem relating to marital rape ( and any form of rape for that matter) is the gender power imbalances, entrenched in cultures and patriarchal ways of being. 2. Chloe raises also a more serious issue, relating to the difficulty posed to women who may be exposed to HIV repeatedly through their husbands, and how this pattern makes almost "futile" the administration of antiretroviral drugs to this section of the community. We are left then, Chloe re-emphasises, with but one sure fire solution in the management of HIV within marriages, where women mostly cannot negotiate safe sex, with the collective responsibility, as communities, as communicators to work towards ushering in a society where gender imbalances are addressed with the urgency they deserve. A number of Other interesting points were raised by all who participated, including: a. How the HIV pandemic has forced us as society to deal with the more underlying social ills that give rise to the festering of the problem with which we sit. b. The economic problems that make ARV's out of reach for the poorest of the poor, the majority of which are women. c. The legal problems that women face in reconciling what rights they may be afforded by Human Rights Instruments ) and the conflict between those instruments and the local laws that apply to women personally.In particular within a cultural context, the naming of marital rape as rape d. The trauma through which survivors of rape have to go through in "proving that their rape meets the country defined criteria" for rape, amounting to their revictimisation. e. We also heard the anecdotal account of the going ons in Namibia currently, regards the Combating of Domestic Violence Bill, and the response it has received, dubbed private and bedroom politics. f. Malawi's provided a succinct and clear picture on what compounds the problems of access to ARV's where the region facing co-inciding major problems that require an economic solution, with poverty high up on the list, but also demonstrating the interlinkedness of all these problems and how they continue to feed the pandemic. Cultural beliefs were highlighted again as being at the core of the pandemic and how in plays itself out in terms of gender. It's also encouraging, to see how amongst each other, questions of language, which society pays little attention to often, crop up and we as communicators are on the alert to remind one another of the use of non exclusionary language. The issues brought up so succinctly by Chloe in wrapping up as well as the observations listed above, provide a lot more scope for discussion. Lets continue to talk and perhaps try and say, in the quanandram we face, (multiple exposure to HIV rendering the administration of ARV's "futile") how do we begin to empower women, or provide space for women to empower themselves, to claim or reclaim the power to negotiate safer sex, in light of their economic reliance and cultural obligation to men. Lets continue to talk. Yours in Alice's shoes. Lindiwe Nkutha PS: watch this space in response to the question "how do we view archived contributions by group members" ----- Original Message ----- From: Chloe Hardy To: research ; egemtraining@lists.sn.apc.org Sent: Thursday, November 28, 2002 2:31 PM Subject: Re: [Egemtraining] Marital rape and HIV Hi everyone Here are a few thoughts on marital rape in the context of the HIV epidemic: In sub-Saharan Africa, HIV is increasingly affecting women. This is because women are biologically more vulnerable to HIV infection, and because of social factors, such as gender inequality. It is difficult to speak sweepingly about culture, but generally (and this is probably true around the world), it is considered more acceptable for men to have multiple sexual partners than women. Migrant labour contributes to this problem, with men tending to have a family home, while in engaging in a variety of relationships with other women in their areas of work. Women, particularly married women, are often financially dependent on their male partners, and simply have no say in matters of sex and reproduction. For a variety of complex social, economic and cultural reasons, they are unable to insist that their husband's use condoms or remain faithful. Many women are aware of their husband's extramarital affairs, but powerless to stop them. When domestic violence (and marital rape is an extreme form of domestic violence) is present in a relationship, it is even more difficult for a woman to insist on safer sex. One of the myths about HIV is that it is confined to certain "high risk" groups, such as sex workers. The reality is that HIV is transmitted where-ever people have multiple partners and unsafe sex. Married women are a particularly vulnerable group, because it is very difficult for them to ask their husband to use condoms; they can be faithful themselves, but have no power to prevent their husbands from having affairs; and they risk being raped by their husbands if they try to abstain from sex. Providing PEP (anti-retroviral drugs to prevent HIV infection) to survivors of marital rape may also not be feasible. PEP has been used for many years to prevent HIV infection in health care workers who have sustained needle-stick injuries. Basically, the drugs are taken for 28 days after the incident, and prevent infection after a single, high-risk exposure. Recently, PEP has been recommended for preventing HIV infection after rape, as rape is usually also a single, risk exposure, and the same principles apply. However, PEP is not effective where a person is repeatedly exposed to HIV. Unfortunately, it is unlikely to be effective in situations of marital rape, because there is a good chance that if the husband is HIV positive, his wife will already have been exposed to the virus during consensual sex (or during previous marital rapes). There is also the likelihood that she will be exposed again in future, if she continues to live with him. PEP would probably only be effective in the rare cases where a woman had not previously been infected by an HIV positive husband, and has left him immediately after the rape. As you can see, women's lack of power in sexual relationships (including marriage) is a major contributing factor to the spread of HIV. Put another way, if we are to successfully combat HIV, we need to challenge men's power over women's bodies. Thanks very much Chloe Hardy AIDS Law Project -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.sn.apc.org/pipermail/egemtraining/attachments/20021129/9fce1820/attachment-0002.htm From HardyC at law.wits.ac.za Fri Nov 29 14:57:59 2002 From: HardyC at law.wits.ac.za (Chloe Hardy) Date: Wed May 23 11:00:11 2007 Subject: [Egemtraining] Marital rape and HIV References: <003201c29455$27d7f2b0$0e00a8c0@ALICEK> <001601c296da$02ff06e0$2e228d92@fnb.wits.ac.za> <007501c29798$30e9b140$0e00a8c0@ALICEK> Message-ID: <001001c297a6$f22b8960$2e228d92@fnb.wits.ac.za> Dear Lindi Thanks for summing up so nicely. I would just like to emphasize one point: trying to use anti-retrovirals as PEP to prevent HIV infection after a marital rape is problematic, because of the risk of multiple exposures. However, a woman who is diagnosed HIV positive can definitely use anti-retrovirals as chronic medication to treat the HIV infection. Anti-retroviral treatment at this stage does not cure HIV, but it does prolong health and life. In this context, anti-retroviral therapy is likely to be effective, even if the woman is unable to prevent future marital rape. Thanks (and get well soon, Alice) Regards Chloe ----- Original Message ----- From: research To: Chloe Hardy ; egemtraining@lists.sn.apc.org ; research@genderlinks.org.za Sent: Friday, November 29, 2002 1:12 PM Subject: Re: [Egemtraining] Marital rape and HIV Dear All Thank you so much for a fruitful week of discussing a very thorny subject to say the least. This week has also been a sad one for us at the office, with Alice taking ill with chicken pox and being in bed for the better part of the week. We send her our love and well wishes. Thanks to Chloe for wrapping this weeks discussions, as well as for the pertinent issues she raises including: 1.How at the core of the problem relating to marital rape ( and any form of rape for that matter) is the gender power imbalances, entrenched in cultures and patriarchal ways of being. 2. Chloe raises also a more serious issue, relating to the difficulty posed to women who may be exposed to HIV repeatedly through their husbands, and how this pattern makes almost "futile" the administration of antiretroviral drugs to this section of the community. We are left then, Chloe re-emphasises, with but one sure fire solution in the management of HIV within marriages, where women mostly cannot negotiate safe sex, with the collective responsibility, as communities, as communicators to work towards ushering in a society where gender imbalances are addressed with the urgency they deserve. A number of Other interesting points were raised by all who participated, including: a. How the HIV pandemic has forced us as society to deal with the more underlying social ills that give rise to the festering of the problem with which we sit. b. The economic problems that make ARV's out of reach for the poorest of the poor, the majority of which are women. c. The legal problems that women face in reconciling what rights they may be afforded by Human Rights Instruments ) and the conflict between those instruments and the local laws that apply to women personally.In particular within a cultural context, the naming of marital rape as rape d. The trauma through which survivors of rape have to go through in "proving that their rape meets the country defined criteria" for rape, amounting to their revictimisation. e. We also heard the anecdotal account of the going ons in Namibia currently, regards the Combating of Domestic Violence Bill, and the response it has received, dubbed private and bedroom politics. f. Malawi's provided a succinct and clear picture on what compounds the problems of access to ARV's where the region facing co-inciding major problems that require an economic solution, with poverty high up on the list, but also demonstrating the interlinkedness of all these problems and how they continue to feed the pandemic. Cultural beliefs were highlighted again as being at the core of the pandemic and how in plays itself out in terms of gender. It's also encouraging, to see how amongst each other, questions of language, which society pays little attention to often, crop up and we as communicators are on the alert to remind one another of the use of non exclusionary language. The issues brought up so succinctly by Chloe in wrapping up as well as the observations listed above, provide a lot more scope for discussion. Lets continue to talk and perhaps try and say, in the quanandram we face, (multiple exposure to HIV rendering the administration of ARV's "futile") how do we begin to empower women, or provide space for women to empower themselves, to claim or reclaim the power to negotiate safer sex, in light of their economic reliance and cultural obligation to men. Lets continue to talk. Yours in Alice's shoes. Lindiwe Nkutha PS: watch this space in response to the question "how do we view archived contributions by group members" ----- Original Message ----- From: Chloe Hardy To: research ; egemtraining@lists.sn.apc.org Sent: Thursday, November 28, 2002 2:31 PM Subject: Re: [Egemtraining] Marital rape and HIV Hi everyone Here are a few thoughts on marital rape in the context of the HIV epidemic: In sub-Saharan Africa, HIV is increasingly affecting women. This is because women are biologically more vulnerable to HIV infection, and because of social factors, such as gender inequality. It is difficult to speak sweepingly about culture, but generally (and this is probably true around the world), it is considered more acceptable for men to have multiple sexual partners than women. Migrant labour contributes to this problem, with men tending to have a family home, while in engaging in a variety of relationships with other women in their areas of work. Women, particularly married women, are often financially dependent on their male partners, and simply have no say in matters of sex and reproduction. For a variety of complex social, economic and cultural reasons, they are unable to insist that their husband's use condoms or remain faithful. Many women are aware of their husband's extramarital affairs, but powerless to stop them. When domestic violence (and marital rape is an extreme form of domestic violence) is present in a relationship, it is even more difficult for a woman to insist on safer sex. One of the myths about HIV is that it is confined to certain "high risk" groups, such as sex workers. The reality is that HIV is transmitted where-ever people have multiple partners and unsafe sex. Married women are a particularly vulnerable group, because it is very difficult for them to ask their husband to use condoms; they can be faithful themselves, but have no power to prevent their husbands from having affairs; and they risk being raped by their husbands if they try to abstain from sex. Providing PEP (anti-retroviral drugs to prevent HIV infection) to survivors of marital rape may also not be feasible. PEP has been used for many years to prevent HIV infection in health care workers who have sustained needle-stick injuries. Basically, the drugs are taken for 28 days after the incident, and prevent infection after a single, high-risk exposure. Recently, PEP has been recommended for preventing HIV infection after rape, as rape is usually also a single, risk exposure, and the same principles apply. However, PEP is not effective where a person is repeatedly exposed to HIV. Unfortunately, it is unlikely to be effective in situations of marital rape, because there is a good chance that if the husband is HIV positive, his wife will already have been exposed to the virus during consensual sex (or during previous marital rapes). There is also the likelihood that she will be exposed again in future, if she continues to live with him. PEP would probably only be effective in the rare cases where a woman had not previously been infected by an HIV positive husband, and has left him immediately after the rape. As you can see, women's lack of power in sexual relationships (including marriage) is a major contributing factor to the spread of HIV. Put another way, if we are to successfully combat HIV, we need to challenge men's power over women's bodies. Thanks very much Chloe Hardy AIDS Law Project -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.sn.apc.org/pipermail/egemtraining/attachments/20021129/87e1e03c/attachment-0002.html