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Roundup: Local, int'l human rights bodies "disappointed" with Malawi 'Hyena' sentence

Xinhua, November 24, 2016 Adjust font size:

Malawi human rights bodies and the African Women's Development and Communications Network have described the sentencing of the Malawian "Hyena" as "lenient" and "a failure to justice for women and girls in Africa."

On Tuesday a local magistrate court slapped Eric Aniva, 45, with a 2-year-jail term for conducting "sexual cleansing" to women and girls in the name of culture, exposing them to the risk of HIV infection.

In a statement released Tuesday evening as the organizations observe the global women's rights Calendar (from Nov 22 to 26) in Malawi capital, Lilongwe, the human rights organizations have called on the High Court of Malawi and the Director of Public Prosecutions to review and appeal the sentence.

"We are shocked and appalled that a man, living with HIV, has for over two decades sexually violated children as young as 12 years of age in an outdated retrogressive culture that is harmful for women and girls and the magistrate saw it fit to only give him 2 years in jail," the statement said, quoting Emma Kaliya, a veteran Malawi Human Rights Activist and Executive Director for Malawi Human Rights Resource Centre.

"What message does this send to all perpetrators of sexual violence hiding behind discriminatory and destructive cultural practices? That you can get away with only two years? This is a disgrace and a big let-down to the women and girls of Malawi. The courts of justice must revoke and reconsider this sentence," she adds.

Aniva's arrest and conviction followed a revelation in an interview he had with BBC that he had had sex with over 100 women and girls as young as 12 in what is believed to be cultural cleansing for bereaved widows and nearly initiated girls.

His case is the first to be tried under the Malawi Gender Equality Act of 2013, which states that the criminal offence of sexual violation attracts a fine of 1 Million Malawi kwacha (about 1,200 U.S. dollars) or a jail term of a maximum 5 years in default.

"It is a great disappointment to the test of a new law that should otherwise be stringent enough to fully protect women and children. We are enraged!" the statement further quotes the Malawi human rights activist Kaliya.

The African Women's Development and Communications Network (FEMNET) has also condemned Aniva's sentence in strongest terms.

FEMNET'S Head of advocacy, Hellen Apila, described Aniva's acts as destructive culture that human rights bodies world over were fighting against, saying the practices endanger and harm women and girls in Africa.

"This particular case presented a great opportunity for the Malawi Judicial system to affirm its commitment to justice for women and girls in Malawi but it has failed them," said Apila in the statement.

She added: "Persistent sexual violations under the pretext of culture continue to dodge women and girls in the world and this must be vehemently condemned. We urge the government of Malawi not to waste this important opportunity to make landmark strides in ending destructive cultural practices by invoking the full force of the law and any other cases of sexual violations that infringe on the rights of women and girls," said Apiya.

The statement also quotes sentiments of disapproval from various sectors of society, among them cultural leaders, media from Zambia, Kenya, Malawi, Tunisia and Rwanda who equally expressed outrage over the sentence and called for stiffer penalties.

Since the sentencing of Aniva on Tuesday, there have been mixed reaction across the country with some members of the public sympathizing with Aniva for "being victim of deep cultural practice that is as old as its people." Endit