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Absence of Justice for Women in Mexico

woman-embracing-sky-3During my time interning with the International Justice Program at The Advocates for Human Rights, I conducted research on violence against women in Mexico. What I learned through my research represents one of the most troubling cases of human rights infringements, as the State condones impunity for perpetrators.

In 2007, the government of Mexico passed a promising law regarding femicide, physical and sexual violence, as well as “violence against the woman’s dignity, integrity or freedom.” While the aim of this law is to combat the violence women suffer, the perpetrators are often government officials or public defenders themselves. Accusations made against public authorities intertwine with the ongoing relationship between drug cartels and the government, as it is reported that the cartels control the police. There have been numerous accounts of women filing claims with officers only to be sexually harassed and/or threatened in return. This, in turn, allows for the continuation of corruption and absence of justice.

The research I conducted on violence against women in Mexico was for The Advocates’ report to the UN Committee Against Torture (CAT) for their review of Mexico’s compliance with the UN Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment.  The Advocates’ report revealed how violence against women and impunity violates Arts. 1, 2, 4(1), 10, 12, 13, 14 and 16 of the Convention. By comparing Mexico’s State Party Report and the CAT’s List of Issues Prior to Reporting and Recommendations from the prior review, we were able to identify he gaps between the government’s stated commitments and its actual implementation of reform to protect women.

Along with two other interns, I then analyzed information (used with permission) about human rights abuses experienced by The Advocates’ asylum clients from Mexico. The experience of these clients illustrated the Mexican government’s failure to protect women from violence.  These women reported not only experiencing violence, but also threats from the police, lack of action, and even accounts of stalking after reporting domestic violence.

One client, for example, fled to the United States out of fear of being killed by her former partner, a member of a Mexican drug cartel. The police told her that they were unable to do anything about her partner’s violent abuse and his threats to her family—the cartel “had the police,” is what she told The Advocates. The client fled to another Mexican state, but her former partner made threats on social media and left messages on her phone, saying that he would find her, kill her and chop her up. Additionally, another client was sexually harassed by a police captain when she filed a case regarding her kidnapped brother. He threatened her with further violence and following the incident, he and fellow officers frequently harassed and threatened her when patrolling her neighborhood.

In addition to sharing the firsthand experience of The Advocates’ clients with the UN Committee Against Torture, we also made recommendations for measures the Mexican government should adopt to protect women from violence. First, Mexico should establish oversight bodies and accountability processes to ensure the full implementation of the General Law on Women’s Access to a Life Free of Violence. In tandem to this, we recommend that the government of Mexico create training programs, in consultation with or led by NGOs serving victims, for their law enforcement and judiciary to be better informed on the dynamics of domestic and gender-based violence against women, including responses that follow best practice standards and international legal norms.

The slow progress toward equality and justice for women in Mexico reflects a number of discriminatory factors that allow inequality to prevail. For example, women are under-represented in governance positions in Mexico, although it is recognized that women in these positions are more inclined to “advocate for social issues that benefit all.”  Greater female representation in decision-making roles may help foster efforts to promote gender equality or focus greater attention on violence against women issues, including femicide.

Widespread violence against women and anti-feminist sentiment are embedded in other aspects of life in Mexico, including the continuation of child marriage and barriers to female education.  A study out of Mexico City revealed that 25,000 girls between 12 and 14 years of age were already married. Forced and early marriage has an impact on girls’ education, and 83% of married girls do not attend school. When girls do not complete their education, studies show that poverty increases in tandem to domestic and gender-based violence against women, unplanned or early pregnancy, and other female health issues.

When the government fails to hold offenders accountable, it sends a message that violence against women will be tolerated. Furthermore, impunity for violence against women not only perpetuates these violations, but encourages negative rhetoric concerning gender roles. The Advocates’ asylum clients’ experiences reveal that much of the violence against women involves sexual violence. Abuse, harassment, and threats against women often sexually objectify or reflect harmful misperceptions that women are a weaker sex.

Without accountability in her country, no woman is truly safe. The international community has called on Mexico to better protect women through the Human Rights Council’s Universal Periodic Review process, as well as other treaty body reviews. To date, however, Mexico’s stated commitments have not been implemented.  Pledges made to the international community mean almost nothing to those individual survivors of  violence, especially when these commitments are being made by those who have the power to rectify but merely perpetuate the situation. Many women have lost faith in the State’s ability and willingness to protect them, leading to the difficult choice to leave home and seek asylum in the United States. Until the government finds a way to create accountability and effectively combat on violence against women, Mexico will continue to be unsafe for women and girls.

I’ve learned a lot about violence against women while working with The Advocates, globally as well as domestically. Their website www.stopvaw.org offers information, tools and legal advocacy to inform the world about these injustices. Raising international awareness and advocating for international law is an exemplary tool for attempting to bring justice to women survivors of intimate partner violence when their governments cannot or will not protect them.

By Sydney Shelstad, rising University of Minnesota senior majoring in Political Science and Global Studies with a concentration in Human Rights and Social Justice. She was a spring 2019 intern with The Advocates’ International Justice Program. 

 

 

 

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Legislation: Is It Ever Enough?

Processed with MOLDIV
Photo by ALICE MULOMBE MUYAMBO 

In 1985, the Republic of Zambia ratified the Convention on the Elimination of All Forms of Discrimination against Women. It was another 23 years before legislation was enacted in the form of the 2011 Anti-Gender-Based Violence Act.  Its Preamble bold declared it “An Act to provide for the protection of victims of gender-based violence,”  prompting a sharp rise in the numbers of reported cases as non-governmental organizations conducted nationwide campaigns to inform the public of the new legislation.

On paper, the law was a step in the right direction, fighting widespread violence against women and thereby challenging years of traditional gender roles by criminalizing a wide range of abuses based on sex, from economic to physical, and emotional, verbal and psychological abuse.

However, when the legislation was put to the test in the Courtroom, it failed to meet its own high standard. Cases of domestic violence, sexual violence, and gender-based violence against women continued to be tried using outdated laws such as the Penal Code and Criminal Procedure Codes. Many of the victims of these shortfalls in the law are nameless and have no safety net when their cases fall through.

Take Jessie (not her real name) for example. A 25-year-old magistrate who graduated from a premier Law School in Lusaka, she was married to a military man whom she met while at law school. Their year-long marriage was stained by violent outbursts, physical violence, public humiliation and isolation from friends and family– all the things that the Anti-Gender-Based Violence Act was meant to protect her from.

Finally on December 3, 2015, Jessie’s military employee husband beat her unconscious. Jessie woke up in Kabwe General Hospital, blood drenched and deformed with two deep cuts to the head. She accepted support from her colleagues and family and especially from the justice system that she had worked so hard to be a part of.

Instead, she woke up to humiliating headlines in two public newspapers, “Army officer batters magistrate wife,” read one newspaper; four national radio stations carried the story without bothering to verifying any of the facts.

Physically, the wounds took four months to heal.  Her employers, however, demanded that she report to work for two weeks after the incident.

Meanwhile, her husband was arrested and released when she dropped the case due to pressure from her mother, who was concerned by what friends and family would say. After all, Jessie was a successful magistrate; her parents were marriage councillors who had been married for more than twenty years, she had a daughter – her mother reminded her – who needed both parents, and there was the Zambian proverb that urges women to “stay strong” in the face of turbulent times. Shipikisha club, they call it.

So, she took the advice of her mother and dropped the case against her husband, hoping that his three days in custody would force him to reflect on his behavior and start a journey to change.

Although the Penal Code gives the state the right to prosecute cases on behalf of victims, even after they give statements stating that they wish to drop them, the Judiciary did not take kindly to Jessie’s actions. When she reported for work, she was greeted by hostile stares and a suspension letter from the Deputy Director charging her with conduct likely to bring the Judiciary into disrepute, a vague term that can be used to cover a wide range of incidents. There was no provision under any code allowing or sanctioning the suspension, and the offense she was charged with carried a punishment of a written warning. The experience left her feeling victimised. She was given seven days within which to exculpate herself, and after she did, she did not hear from her employers for nine months.

Her husband in the meantime, continued to work for the Zambian Army.  He has not faced any sanctions from his employers or accountability for his behaviour by the public media, and his life continues as before.

Numerous letters later, Jessie was reinstated, with a thinly veiled threat that she must ensure that the incident never recurred if she wanted to keep her job. This seemed contrary to the official position of the Zambian Judiciary, which had taken a strong stance against gender-based violence against women in the media and was launching a fast-track court in Kabwe.

So, how does one pick up the pieces after being abused by all the people and institutions that are supposed to protect you? You do better. Jessie is a strong advocate for women’s rights in the workplace and uses the Anti-Gender-Based Violence Act in the Courtroom. With the help of friends and other victims, she overcame her initial misgivings about handling cases similar to her own, and she now sits on the bench in Monze Zambia.

Still, Jessie’s experience begs the question: is legislation enough to end violence against women?

By Mubanga Kalimamukwento, Hubert Humphrey (Fulbright) Fellow 2018/2019 – University of Minnesota, who is doing her professional affiliation with the International Justice Program of The Advocates for Human Rights.