The Human Rights Warrior

"There is some good in this world…and it's worth fighting for."


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INTERNATIONAL DAY OF THE GIRL: Kanchi’s Story

Every morning when I come into work, I am greeted by the smiling face of a young girl. Her hair is pulled neatly back into two braids, glossy black against her pink hairbands.  Her eyes, dark and alert, shine at me – I swear I can see them twinkle.

She wears the blue uniform of her school, the Sankhu-Palubari Community School in rural Nepal.  The Advocates for Human Rights supports the school to provide the right to education to the most disadvantaged kids in the area and to prevent them from becoming involved in child labor.  Photographs from the school hang on the walls of our office, reminders to us of the lives that we impact with our human rights work.

Even though I see her every day, until last month I had never met this cheerful young girl, a girl whose smile – even in a photo – comes from her core, seems to light her entire being. Until last month, I did not know that her name was Kanchi.  And I had never heard her incredible story.

*****

In 1999, Kanchi was six years old.  She lived with her family in a village in the Kathmandu Valley.  Her parents were poor farmers; they had only a little land and some cattle and they struggled to feed their family.  Kanchi was the youngest of six sisters.  She and her sisters (and also her  brother) had to help their parents in the fields and with household chores.  Kanchi’s job was also to take the cattle to the forest to graze.   Kanchi did not go to school.   There were many children in Nepal that did not go to school at that time, but girls, like Kanchi, were more likely than boys to work rather than go to school – particularly in rural areas like the Suntole district where she lived.

Kanchi was a very smart and determined little girl.  She wanted to go to school.   So when she heard that a new school was opening in the Sankhu-Palubari community – a school for kids who were not able to go to school because they couldn’t pay or were discriminated against – she was very excited.  She rushed off to tell her parents.  But her parents, who had never themselves been educated, were not as excited as Kanchi.  Why should they let her go to school?  Who would help feed the family? Why should they send her to school if she was only going to get married in a few years anyway?

Kanchi says that she cried for a month and begged her parents to let her go to school.  One day, teachers from the new school came to visit Kanchi’s parents to talk to them about the school. The teachers explained that it would help THEM if Kanchi could read and write.  They explained why it was important for all children to go to school, even girls.  They told them that all children – even the poorest, the lowest-caste, members of indigenous groups – had a right to education.

Kanchi’s older sisters, who had never had the opportunity to go to school, took her side. Instead getting an education, they had all married young and were working in the fields.  Kanchi’s sisters argued that Kanchi should go to school, take this opportunity for a life that would be different from theirs.  Finally, their parents agreed to let Kanchi go to school.

Kanchi started at the Sankhu-Palubari Community School in 1999, one of 39  students in the first kindergarten class.  To get to school, Kanchi had to walk one and a half hours each way.  There were many other obstacles along the way, too.  At various times, her parents wanted her to stop school and help them with farming.  But she stayed in school and worked hard. She told her parents,  ”I want to do something different from the others.”

Kanchi liked her teachers and felt supported by them.  She felt that the best thing about the school was the teaching environment.  She stayed in school and was one of only two girls in the first class to graduate from 8th grade.  She continued on to high school and completed 12th grade at  Siddhartha College of Banepa in 2012.  The first in her family to go to school, Kanchi is also the first girl from the Sankhu-Palubari Community School to graduate from 12th grade.

I met Kanchi for the first time in September.  Almost exactly 13 years after this brave little girl started kindergarten, she is a lovely young woman who is preparing for her university entrance exams.  She plans to study agriculture  starting in January.   Her parents are proud of her and they are happy now – she has chosen the family profession – but Kanchi is interested in learning more about organic farming so she can bring techniques back to her village.  “I want to live a healthy life and give a healthy life to others,” she says.

Sitting in the principal’s office at Sankhu-Palubari Community School, I asked her what the school meant to her.  Kanchi said, “I gained from this school my life.  If I hadn’t learned to read and write, I would be a housewife.”  When asked about her sisters, she told me that they had made sure to send their own children to school.

In her free time, Kanchi likes to sing and dance and make handicrafts to decorate her room.  She likes to play with her sisters’ children.  She has a smile that lights the whole world.  She told me her nickname, Himshila.  She smiled when she told me it means “mountain snow, strong rock”.  Strong rock.  That seems just about right.

*****

October 11, 2012 is the first International Day of the Girl Child.  The United Nations has designated this day to promote the rights of girls, highlight gender inequalities and the challenges girls face, and address discrimination and abuse suffered by girls around the globe.  In many ways, the story of Kanchi and her sisters reflects the experience of girls in many countries throughout the world.  All over the world, girls are denied equal access to education, forced into child labor, married off at a young age, pressured to drop out of school because of their gender.

There are many good reasons to ensure access to education for girls like Kanchi, however. Educating girls is one of the strongest ways to improve gender equality.  It is also one the best ways to reduce poverty and promote economic growth and development.

“Investing in girls is smart,” says World Bank President, Robert Zoellick. “It is central to boosting development, breaking the cycle of intergenerational poverty, and allowing girls, and then women—50 percent of the world’s population—to lead better, fairer and more productive lives.”

The International Day of the Girl is a day to recommit ourselves to ensuring that girls like Kanchi have the chance to live their lives to their fullest possible potential.  To redouble our efforts to promote the rights of girls wherever they live in the world.   This first International Day of the Girl is also a day to honor girls like Kanchi.  A day to take the story of her success in one tiny corner of Nepal and shout it out, an inspiration for girls all around the world.  Girls like Kanchi with the strength, the bravery, the determination to change the world, but who  just need the opportunity.

Originally published on The Advocates Post.


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Amina Filali and Violence Against Women in Morocco

Morocco demonstration

Demonstrations in Morocco after the suicide of Amina Filali

 Image source

Amina Filali was only 16 years old when she took her own life.  According to reports, Amina was raped last year at the age of 15 by an older man, but that crime alone was not what drove her to swallow rat poison. Instead of seeing her rapist punished for his crime, Amina was forced to marry him. A few months into an unconscionable marriage, her rapist/ husband was beating her, she told her mother. Her mother counseled her to try and bear it, according to the Moroccan daily al-Massa.  Amina must have seen no way out, no future worth living.

Why would a judge order – or even recommend – a young girl to marry her rapist? Under Article 475 of the Morocco Penal Code, a perpetrator of rape on a minor is allowed to escape punishment if he marries the victim.  While it may not be a provision of Moroccan law that is used frequently, it is a violation of human rights that has attracted international scrutiny both before and after Amina’s tragic death.  I saw this myself when I was in Geneva last November with a group of Moroccan human rights activists.  We were there to participate in the review of Morocco’s compliance with the United Nations Convention Against Torture.  Violence against women is considered torture under the Convention and the independent committee of experts charged with monitoring state compliance with the treaty had many pointed questions for the Moroccan delegation about Article 475 and other provisions related to the Moroccan government’s failure to protect women from violence.

There is no text that allows a rapist to escape prosecution or a “kidnapper” to escape punishment if he marries his victim, the Government assured the UN Committee Against Torture.  The penal code has a law on the rape of a minor, but the victim – if she has reached puberty – may CHOOSE to marry.  The marriage, if it takes place, continued the Moroccan Government delegation, would have to be based on the consent of the victim.

As Amina’s case shows, “consent” is neither adequate protection for a minor nor a remedy for the crime of rape.  Victims are not often in a position to offer informed consent as they may be pressured into marriage as an alternative in order to preserve family honor.  But in Amina’s case, Amina’s father has, according to some news reports, denied that the family ever consented to the court ruling ordering marriage to preserve family honor.

Amina’s story may be shocking to some of us, but it is a glimpse at the reality of the violence faced by women in Morocco every day.  While it is difficult to determine the exact prevalence of domestic violence throughout Morocco, statistics that are available demonstrate that domestic violence is a widespread problem. A 2011 national study on the prevalence of violence against women found that 62.8% of women in Morocco of ages 18-64 had been victims of some form of violence during the year preceding the study.

The Moroccan Penal Code provides insufficient protection against rape and sexual assault, which are often unreported and prosecutions not pursued. Spousal (also called marital or conjugal) rape is not specifically considered a crime in the Penal Code nor is it prosecuted in practice. Women are deemed to have consented to all sexual relations with their husband by the fact of marrying them. Women do not seek help when they are raped by their husbands because of the social stigma associated with rape, the difficulty in proving rape, and the futility in reporting an act that the Moroccan Government does not even recognize it as a crime. The issue of marital rape in Morocco is trivialized by the officials and executives, and is considered as being unimportant, and therefore, it is not defined nor is it acknowledged by the Moroccan law.

Rape cases in general are difficult to prove in Morocco, as actual physical injuries are required to prove non-consent. Under the Penal Code, rape is considered a crime against morality and not identified as a crime against persons.Women are deterred from reporting rape cases because of the lack of response from law enforcement and the criminal justice system. Even when a rape case is investigated, the perpetrator is not always punished.

Furthermore, sexual relations outside of marriage are illegal in Morocco, and penalties are increased if one or both people engaged in the affair are already married. Thus, there is a strong disincentive for a woman like Amina to report a rape as she risks being prosecuted for illicit sexual relations if she does not prevail in proving her rape case and she is not married to her rapist. Is it any wonder that Amina apparently kept her rape a secret even from her parents for two months?

Amina’s story is a tragedy.  But the media attention it has drawn is a cause for hope.  Amina’s story has raised awareness both inside and outside of the country about violence against women.  In addition to the media attention, there is a reinvigorated campaign to abolish the law.  There is a Facebook page and an online petition.  There have been demonstrations, with protests planned for this Saturday, March 17.

The silver lining to Amina’s story would be that the internal and external pressure  on the Moroccan government finally results in the passing of a Violence Against Women law in Morocco.  (A draft is currently stalled in InterMinisterial consultations and has not yet been introduced in Parliament.)

As the Moroccan human rights activists recommended to the UN Committee Against Torture last November:

The Moroccan Government should pass a specific violence against women law that contains both criminal and civil provisions.

• Care should be taken that that the new law does not contain provisions that would cause further harm to victims.
• The new law should expand the definition of violence against women and ensure various types of relationships
are covered by the law
• The new law should establish civil remedies, including comprehensive Civil Protection Order provisions for
women who are victims of violence

Morocco’s Penal Code should be amended to:

• explicitly criminalize conjugal rape;
• abolish criminal prosecutions for illicit sexual relations;
• eliminate laws that criminalize those who assist or harbor married women;
• abolish provisions that allow a perpetrator of rape to escape prosecution for marrying his victim; and
• eliminate discriminatory legal provisions that place heavy burdens of proof solely on the victim of violence.

Sources:

Moroccan girl commits suicide after being forced to marry her rapist, Al Arabiya News, March 14, 2012  http://english.alarabiya.net/articles/2012/03/14/200577.html

 Morocco protest after raped Amina Filali kills herself, BBC News, March 15, 2012  http://www.bbc.co.uk/news/world-africa-17379721

Morocco Penal Code, Article 475

U.S. Department of State, Country Reports on Human Rights Practices, “2010 Human Rights Practices: Morocco”, (April 8, 2011), available at http://www.state.gov/g/drl/rls/hrrpt/2010/nea/154468.htm (last visited October 10, 2011).

Moroccan Haut Commissaire au Plan, “Principaux résultats de l’Enquête Nationale sur la Prévalence de la Violence à l’Egard des Femmes (version française)”, (January 2011), available at  http://www.hcp.ma/Conference-debat-consacree-a-l-etude-de-la-violence-a-l-egard-de-femmes-au-Maroc_a66.html (last visited October 6, 2011); see also, UN Women, “Moroccan Government Release Extensive Gender-Based Violence Study”, (10 January 2011), available at  http://www.unwomen.org/2011/01/moroccan-government-releases-extensive-gender-based-violence-study/ (last visited October 6, 2011).

Written Communications to The Advocates for Human Rights from Moroccan NGOs (26 September 2011).

MOROCCO: Challenges with addressing domestic violence in compliance with the  Convention Against Torture 47th  Session of the Committee Against Torture (31 October – 25 November, 2011), Joint Written Statment submitted by The Advocates for Human Rights and Global Rights, in collaboration with an alliance of Moroccan NGOs at http://www.theadvocatesforhumanrights.org/uploads/final_shadow_report_to_cat_re_morocco_response_to_dv_oct_14_2011_sent_to_geneva_2.pdf

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