FEATURED: What are the legal loopholes inhibiting the fight against SGBV?

Rwanda has demonstrated its commitment to gender equality by putting in place various legislations that agitate to eliminate all forms of sexual and gender-based discrimination. In addition to that, the current Constitution prohibits all forms of discrimination including discrimination based on sex and gender. However, a number of prevalent legal gaps have been observed that still hamper the effective fight against gender based violence. The setbacks were highlighted on Wednesday, October 27 during a stakeholders’ dialogue on GBV prevention between state and non-state actors, organised by Rwanda NGO forum under its coalition including the Health Development Initiative (HDI). Nooliet Kabatesi, the Executive Secretary of Rwandan NGOs forum on HIV AIDS and health promotion During an interactive panel discussions between different activists and government officials, it was highlighted that there are still legal challenges that need to be addressed so as to achieve a society with equal opportunities regardless of gender. Primitive Uwamahoro who is an anti-GBV specialist in the National Public Prosecution Authority gave an example saying that legal provisions stipulate punishments without taking into account the future of the affected family. “In some cases, victimised women or girls do not want the perpetrators to be arrested because they are dependent on them. In other instances, how can a person be arrested and get released to live with someone who reported them to police?” she wonders, adding that it creates family conflicts that could worsen the situation. She also pointed out that there are even laws which are unclear, and hence called for them to be reviewed and realigned. “There is a provision which states that inserting an organ into the sex or anus of a minor is considered as defilement, but in some cases it can be done by a parent for medical and hygienic purposes without intent to rape them,” she explained. Participants pose for a group photo after the discussion on October 27( Courtesy) Also, she added, laws do not consider the age difference between the victim and perpetrator: “If a person rapes a 2-year old or 20-year old, they all get the same punishments, but that sounds unfair because the gravity of the crime is not the same,” she pointed out. Uwamahoro continued to say that the ministerial order determining the formula of assets distribution in unlawful marriages is still missing, and sexual slavery is not prescribed anywhere in the penal code as a crime, among other gaps. Perpetrator-centered John Mudakikwa, a practising lawyer echoed said that the Rwandan judicial system still has a long way to go in terms of addressing all gender based violence crimes. “It looks like our judicial system is more perpetrator-oriented than victim-oriented. Legislators should come up with more mechanisms of educating victims about civil reparations and provision of legal aid services to the victims,” he commented. Mudakikwa then challenged the civil society organisations and other non-governmental organisations to take on the challenge and advocate for better legal regime. “This is actually your job as the civil society because non-state actors are better placed to challenge the government on addressing those gaps. Conduct a very broad assessment to map gaps that restrict the prevention and response to GBV and challenge the government,” he added. To address that, Nooliet Kabanyana, the Executive Secretary of Rwanda NGOs forum urged the civil society organisations present to gather facts and evidence to table to the government for change. “The civil society organisations as the key actors in the GBV response, must gather facts to advocate for the gaps in laws and policies that hamper the effective response to the GBV,” she noted, asking all members present to evaluate their institutions. Andre Twahirwa, a legal aid specialist at the Ministry of Justice also encouraged civil society organisations to put the government to task, but asked them to respect the considerations of legislators. “That’s why you are actually here, to help the government assess the needs of the population, and get your views as people on the field, he replied. But also keep in mind that the legislators set some provisions to address specific tasks, and hence some gaps you mentioned can just be considered as mitigating circumstances, he added. Despite the gaps, the activists hailed the government for having deployed considerable efforts to strategically address GBV challenges. The Commendable achievements highlighted include wide awareness raising on GBV, establishment of Isange one Stop Centres to provide legal, medical and psychosocial support to victims of GBV; recently the establishment of a sex offender registry. However, despite efforts and successes highlighted above, this scourge, according to activists, is yet to be eradicated.

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FEATURED: What are the legal loopholes inhibiting the fight against SGBV?