http://aanurot.tigblog.org/ What's on the minds of young leaders from around the globe? en-us http://aanurot.tigblog.org/post/366595
The Convention – which Secretary-General Ban Ki-moon has called "a powerful tool to eradicate the obstacles faced by persons with disabilities" – was adopted by the General Assembly on 13 December 2006, and was opened for signature and ratification on 30 March 2007.

Since then it has been signed by 127 countries and ratified by 25. Jamaica was the first country to ratify the Convention, and on 3 April, Ecuador ratified, providing the sufficient number of parties for the Convention to enter into force.

The Convention does not create any new rights, but aims to ensure that the benefits of existing rights are fully extended and guaranteed.

"It had been argued that persons with disabilities were covered by existing human rights treaties, but the reality was very different," says Akiko Ito, the UN Focal Point on Disability. "Persons with disabilities have routinely suffered discrimination in the job market, in schools and in receiving public services. This Convention will make sure that these people will no longer be ignored."

The treaty asserts the rights of people with disabilities to education, health, work, adequate living conditions, freedom of movement, freedom from exploitation and equal recognition before the law for persons with disabilities.

It also addresses the need for persons with disabilities to have access to public transport, buildings and other facilities and recognizes their capacity to make decisions for themselves.

The convention's Optional Protocol, which will also be binding starting today, allows individuals to petition an international expert body with grievances.

By ratifying the Convention, States commit themselves to enact laws and other measures to improve disability rights, and also abolish legislation, customs and practices that discriminate against persons with disabilities.

John Flanagan, Officer-in-Charge of the UN Mine Action Service, said the new treaty is particularly relevant for survivors of accidents with landmines and explosive remnants of war.

"Too often, landmine victims are excluded from their communities," he stated. "For example, child survivors of landmine incidents are often removed from school. Landmine victims are entitled to all the same human rights as every other member of their societies, and this new Convention will help level the playing field in terms of access to services and opportunities."

The Convention establishes a new body to monitor its implementation – the Committee on the Rights of Persons with Disabilities, as well as a Conference of States Parties, which is expected to be convened within six months.

The UN will mark the treaty's entry into force with a special ceremony in New York on 12 May with participants from governments, UN agencies and civil society.

UN News Service

]]> Mon, 05 May 2008 17:28:00 EDT http://aanurot.tigblog.org/post/366595 8.5 4.558.54.55 http://aanurot.tigblog.org/post/309171 Members of the House of Representatives and civil society organizations (CSOs) rose last week from their first ever interactive meeting since the inception of democratic governance in this country
to call for the institutionalization of partnership between the two groups in view of the importance of their collaboration for an effective and people-oriented governance of the country. The idea was
that of Hon. Dimeji Bankole, the Speaker who in recognition of the fact that the legislature could serve as a veritable medium for promoting dialogue and citizen participation, believes that the
engagement of the legislature with the CSOs needed active and conscious nurturing.

This is in order to forestall the enthronement of the dictatorship of the political class where, as he put it, the people are tactically shut out from how they are governed.

This is even more important because since the return of civil rule to the country over eight years ago, no deliberate effort had been undertaken to promote interaction between the legislature and civil
society which had led to the absence of common ground between them on most issues.

The goals of the meeting held in collaboration with ActionAid Nigeria therefore included providing an avenue for interaction and exchange of ideas between the House of Representatives and the CSOs in Nigeria.

This will build a partnership between the House and the civil society for governance and development, to provide a forum for CSOs to engage various committees of the House of Representatives, to support the House of Representatives in its legislative business especially on
bills pending before it and oversight functions and to get feedback from CSOs on key governance and development issues.

In opening the meeting, Bankole had in his keynote address titled ''The Challenge of Restoration'' traced the history of democracy in the country which he said could not be complete without the
substantial mention of the contributions and sacrifices of the CSOs, but achieving democracy with the existence of political parties was not enough to sustain it.

Sustenance of democracy therefore was the new challenge of the CSOs, Bankole had noted. He observed that there was the need to build the capacity of Nigerians to dialogue with government, question the activities of the representatives, participates in the law making process and the development of government policies and to be able to hold public officials accountable for their actions.

According to him, this challenge has not been fully taken up because of "the fact that most of these organisations were conceptualized as opponents of military rule. However, eight years of democracy is enough time to redirect your focus towards developing the capacity of Nigerians in participatory democracy."

He was confident though that the CSOs had the capacity to do so as they did in the struggle against military dictatorships. The Speaker has demonstrated that the House is desirous of a synergy between it and the CSOs to enhance its constitutional responsibility for the benefit of the electorate and achieving the vision of the founding fathers of the country.

As he said in the address, "the challenges are daunting in the sense that we lack one of the most basic tools of any political endeavour -experience of good governance. The founding fathers had a very short period to actualise their vision before the noble enterprise was shaken to its foundations.

The generation of our fathers was wasted by military rule; that of our elder brothers was lost to economic depression. But we are determined to succeed." Bankole therefore enjoined the session to define the terms of engagement between the two bodies.

The chairman of the House committee on Media and Public Affairs, Hon. Eziuche Ubani was full of delight that the meeting could take place at last having failed after promises by successive National Assembly leadership.

He pointed out that "naturally, I should be glad that I and my committee with the total encouragement of the new leadership of the House are matching those words with action."

He observed that as the more vibrant wing of the National Assembly, in its desire to initiate actions that resonate with the Nigerian people, the House in the past had some form of interaction with the civil society under various committees based on the knowledge, reach and understanding of heads of the committees

He regretted that as critical as the role of the civil society organisations have become, parliament and the civil society organisations have never interacted in a structured way.

He noted: "the imperatives of governance at the moment, the challenges in the public sector especially the blues of a third election in a transiting society like Nigeria advise that government and the civil society organisations can no longer continue to exclude each other.

What is required now is a structured engagement, where both sides share information and resources to promote good governance for the benefit of the people."

Ubani argued that even though some may doubt the value of such partnership, the position of the present House of Representatives is that it is the first condition for the achievement of good governance in Nigeria because globally, people have realised that their responsibility in governance goes beyond the exercise of their franchise.

The increasing demand for space by citizens, special interests and organisations in the grid of governance could be traced to the CSOs he said. "The increasing power and influence mean that tiers of governments must necessarily bump into them at every turn.

The rea lity we live in contemporary world is that governments at all levels can only ignore the CSOs to their peril. Perhaps, it is a measure of this power and influence in the governance process that
they are now known as the fourth tier of government," Ubani opined. The Country Director of Action Aid Nigeria, Dr. Otive Igbuzor who delivered a paper on "Legislature/Civil Society Partnership for
Governance and Development," noted that long years of military rule eroded democratic culture of dialogue and consensus building and constricted democratic space while entrenching authoritarianism as well as nurturing militarism in the country.

He said that the role of the civil society was to create awareness, educate in rights and obligations, build capacity of rights holders, advocate for pro-poor policies, provide alternatives and services for
advocacy. He said its challenges have been poor funding, lack of access to information and public officials and mutual mistrust with government officials.

For the legislature, he remarked that it is faced with the challenge of the overbearing attitude of the executive, bad behavior and bad publicity, poor environment and lack of strategic approach to
reposition itself. According to him, the Legislature/Civil Society Partnership would enhance the business of lawmaking, oversight function, appropriation and budget tracking.

He called for the institutionalisation of the partnership, the establishment of a structure to take the partnership forward, improvement in the environment of doing legislative business and the
participation of civil society in terms of making input into bills, public hearing, oversight function and the budgetary process.

At the end of deliberations, the partnership agreed that areas of engagement between legislators and civil society should focus on transparency, accountability and the development of infrastructure
that support pro-poor initiatives.

The communiqué that emanated from the one-day meeting stated among others that the legislature should ensure that zero compliance to gas flaring by January 1, 2008 was adhered to by the oil majors, that the partnership between civil society and the legislature should be institutionalized and made a permanent feature in the legislative calendar of the House of Representatives.

It also advocated quarterly meeting of the partners to review and update the processes and outcomes of the partnership adding that there should be a zonal meeting between the CSOs and the legislators to generate issues from the zones and feed back to the larger quarterly meetings.

The meeting noted that the error in merging Niger Delta with Security in the 2008 budget had caused expectations to rise regarding the N444.6billion under the budget head and therefore recommended that an additional N400billion be made available for the development of the region.

By Leon Usigbe

]]> Tue, 11 Dec 2007 08:16:00 EST http://aanurot.tigblog.org/post/309171 8.5 4.558.54.55 http://aanurot.tigblog.org/post/309165 Above event on Building Legislature and Civil Society Partnership for Sustainable Development was organised by the House Committee on Media and Public Affairs and ActionAid Nigeria, led by its Country Director, Dr. Otive Igbuzor.The goal of the forum was to promote citizen participation in
governance and development, and the objectives included among other things: to provide an avenue for interaction and exchange of ideas between the House of Representatives and civil society organisations in Nigeria; to build partnership between the House and civil society for governance and development; and to provide a forum for civil society organisations to engage various committees of the House of representatives. Those at the forum expressed the need for active and conscious nurturing of the essential feature of democracy, genuine and active participation of the people in how they are governed, along with civil society's role in developing the capacity of Nigerians in participatory democracy.
There was also the need to build the capacity of Nigerians to dialogue with government, question the activities of their representatives, participate in the law making process and the development of
government policies and hold public officials accountable for their actions. The forum was organised against the backdrop of the great gulf that exist between Civil Society and the Legislators and a recognition of the need and urgency to create a functional partnership for these two groups as a necessary step in ensuring an environment that would offer space for participation in the sustenance of development and democracy in Nigeria.
Hon. Eziuche Ubani, Chairman, House Committee on Media and Public Affairs under whose committee the dialogue was organised, gave the welcome address. The keynote address on 'The Challenge of Restoration' was given by the Speaker Rt. Hon. Dimeji Bankole while Igbuzor,
ActionAid Nigeria's Country Director, delivered a paper on 'Legislature/Civil Society Partnership for Governance and Development'.
Major issues highlighted from the presentations led to the recognition of the need for a structured engagement where civil society and government can share information and resources to promote good governance to the benefit of the people. The task of restoring Nigeria to the original vision of its founding fathers - to lead their people from the shackles of disease, want, ignorance and under development to modernity was identified as the current leadership duty of the House of Representative.
The Legislature has the constitutional responsibilities of law making, oversight and representation and there is the need for synergy between the CSOs and the House to ensure that Nigerians enjoy the benefits of good governance, the forum noted. The House of Representatives believed that there should be greater room for understanding and collaboration than obtains at the moment,
noting that the drive to achieve the Millennium Development Goals (MDGs), with 2015 as target, has equally made the engagement between the Legislature and CSOs in Nigeria imperative.
In a communiqué jointly signed by Ubani and Igbuzor, participants noted that over 70 million Nigerians are living in poverty and that the partnership should be a permanent relationship; coupled with the
need for Civil Society to have a prescribed role in the legislative process and calendar so that the aspirations of the larger society can be incorporated into the work of the legislature.
There was a call for a quarterly meeting of the partners to review and update the processes and outcomes of the partnership; with a zonal meeting between CSO and Legislators, to generate specific issues from the zone and feed back to the larger quarterly meetings.
They were enjoined to provide an office in the Legislative Complex to serve as a liaison office and resource base for the legislators' and civil society cooperation; with mutual effort towards changing the perception and attitude of the partners in the forum; enhance the capacity of members in the partnership to enable them meet the aspirations of Nigerians.
]]> Tue, 11 Dec 2007 08:01:00 EST http://aanurot.tigblog.org/post/309165 8.5 4.558.54.55 http://aanurot.tigblog.org/post/298127
GAATW's new report 'Collateral Damage: The Impact of Anti-Trafficking Measures on Human Rights around the World' [1], is a collection of research on eight different countries: Australia; Brazil; Bosnia and Herzegovina (BiH); India; Nigeria; Thailand; United Kingdom; and the United States.
Each contribution analyses and attempts to assess the impact of anti-trafficking initiatives on human rights - highlighting that enforcing the law and upholding human rights do not necessarily amount to the same thing, and revealing numerous examples where anti-trafficking measures in these countries have been counter-productive for the very people they are meant to assist.

The report uses a consistent framework to assess each country, focusing on the following:
* What constitutes 'human trafficking' in the country concerned?
* Current legal framework
* Specific laws and government policies and their inadequacies
* Laws, policies and practices on immigration and migrant workers
* Human rights impacts of these laws and policies
* Measures to remedy counter-productive effects of anti-trafficking
measures (where relevant).

As well as providing an analysis of anti-trafficking initiatives from a rights perspective, however, the report succinctly summarises current international human rights standards applicable to trafficking in persons. These standards are used ad hoc throughout the report as benchmarks against which to assess a country's policies and practices, which in itself is extremely helpful for anyone interested in the human rights obligations that individual states should be respecting.

At the outset, GAATW assert their argument in all cases is that any negative consequences of anti-trafficking initiatives are unnecessary, and the result of negligence on the part of the government and other actors. Their stance is that negative consequences are NOT an essential by-product
of anti-trafficking efforts, and it is this position that forms the backbone of the report.

A trend that begins to emerge from each contribution is that anti-trafficking measures in these countries generally lack an understanding of the phenomenon itself. In addition there is a lack of an
appropriate balance between effective law enforcement and the human rights of trafficked persons and migrant workers, and a failure to balance the protection of trafficked persons and their human rights. Another common trend is that governments are predominately focused on law enforcement and 'have given higher priority... to declaring slavery and similar abuse illegal, than to spelling out how such forms of abuse are to be eradicated or how, when doing so, to safeguard the human rights on the individuals who have been subjected to abuse' (p1).

The report suggests this is somewhat symptomatic of the nature of the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (UN Trafficking Protocol). The UN Trafficking Protocol 'focuses on encouraging states to adopt and enforce laws against trafficking... The first category of measures, those linked to law enforcement, is obligatory for all states ratifying the Protocol...

Virtually all the other provisions in Article 6, which is concerned with assistance, are optional for ratifying states to implement, rather than being presented as rights for individuals who have been trafficked.' (p5). This effectively leaves these provisions open for interpretation by individual states, who are merely asked to CONSIDER implementing support measures.

The Editor of the report, Mike Dottridge, asserts that none of the countries in the report are adhering to international human rights standards, citing Principle 8 of the High Commissioner for Human Rights'
Recommended Principles and Guidelines on Human Rights and Human Trafficking (first issued in 2002) as one example. Principle 8 emphasises that '...protection and care shall not be made conditional upon the capacity or willingness of the trafficked person to cooperate in legal proceedings'. (p41).

An example of this is Australia, which is one of the few countries where sex work is regulated or decriminalised, and has a National Action Plan to Eradicate Trafficking in Persons, with one of the main components being 'victim support and rehabilitation'. At the surface, this component
provides comprehensive victim support to trafficked persons, but is actually conditional on the trafficked person assisting the authorities with investigations or prosecutions of traffickers. This conditionality means that 'only a narrow category of trafficked persons can access appropriate support' (p41), and represents a strong focus on the crime and punishment of trafficking, rather than a human rights based approach to those who have been trafficked.

The report indicates that, 'even if it delivers some short-term benefits for law enforcement, the long-term practice of making assistance conditional on cooperation with law enforcement contributes to making trafficked persons suspicious of law enforcement agencies and unwilling to talk openly about their experiences, consequently hindering rather than helping with prosecutions.' In addition '...many people who have been trafficked find themselves in a complicated predicament. They are not 'pure victims' who fit neatly into the UN Trafficking Protocol definition, but have agreed to cross borders illegally or to earn money illicitly... All this makes them wary of cooperating with law enforcement officials.' (p14-15)

A major issue that has also emerged from the report is that governments tend to emphasise the exploitation of the prostitution of others in their anti-trafficking measures. As a result, other forms of trafficking into forced labour and the larger issue of migration receive little or no attention and women in the sex industry are negatively impacted. Contributor Ratna Kapur, for example, describes India as displaying 'a morally conservative approach to human trafficking... [and] a profound
misunderstanding of the phenomenon'. According to Kapur, 'anti-trafficking initiatives in India have emerged almost exclusively from within the debates around the legality or illegality of prostitution' (p114).

As a consequence 'anti-trafficking initiatives reproduce assumptions about women as passive, incapable of decision-making, and in need of protection...[the] framework has not succeeded in detaching itself from these hidden agendas, and consequently it has proven to do little good for
the trafficked person and great harm to migrants and women in the sex industry' (p137). Bosnia and Herzegovina (BiH) experiences a similar situation, according to Barbara Limanowska, with 'no recognition in the law that people might be trafficked and subjected to forced labour, in and from
BiH, other than for the purpose of sexual exploitation... [and] all cases of migrant prostitution perceived to be cases of trafficking...'.

GAATW illustrates that anti-trafficking measures have a long way to go if they are to achieve positive outcomes for trafficked persons. Whilst many steps have been taken in countries to respond to human trafficking, moral as well as political agendas impede progress, and there is an identified need for governments to be working more effectively with non-government organisations that have knowledge and expertise to foster a greater understanding of trafficking, and to develop a human rights based approach.

The contributors all have significant expertise in trafficking, migration, labour and human rights issues, and provide thoughtful analysis and assessment of each country. Seven years after the UN Trafficking Protocol was adopted in 2000, the report is an excellent overview of how some
countries are addressing (or not addressing) the issues.

By Rochelle Jones

AWID reviews 'Collateral Damage: The Impact of Anti-Trafficking Measures on Human Rights around the World', a recent report from The Global Alliance Against Traffic in Women (GAATW).

Notes:
[1] Global Alliance Against Traffic in Women (GAATW), 2007. Collateral Damage: The Impact of Anti-Trafficking Measures on Human Rights around the World. Available to download from http://www.gaatw.org



]]> Fri, 30 Nov 2007 14:52:00 EST http://aanurot.tigblog.org/post/298127 8.5 4.558.54.55 http://aanurot.tigblog.org/post/269521

In a letter dated 5th Oct addressed to Mapuche International Link one of Chief Calfunao’s close relatives stated ‘’I am writing to you with urgency and desperation, I see Juana dying and giving her life as a last resort to denounce and to vindicate in defence of the rights of the Mapuche people’’. It also stated that the health of Chief Calfunao and her sister is now in an extremely serious state, they’re hands and bodies are cold to the touch, they have little strength to speak, it is difficult for them to breathe, they are finding speech very difficult, and they are experiencing an abnormally rapid heart beat.

The state of health witnessed above is a reflection of the findings of an official medical report of 29th October which confirmed Juana’s severe weight loss (approx 13% of their body weight) they are at risk of severe malnutrition, they are conscious yet lethargic, and are now at high risk of cardio respiratory problems and renal failure, decreased immune system function with gastro intestinal complications, in short their lives' are now in serious jeopardy. The diagnosis referred to in this report have now sadly been realised, in a similar report produced on the 2nd of October which concluded that Chief Calfunao had indeed now suffered a heart attack.

The current Chief of the Juan Paillalef community Chief Juana Calfunao and her sister Luisa have been on hunger strike since 7th August, in a Chilean prison in Temuco in a desperate attempt to draw attention to her community and families ongoing struggle for justice. The Chilean authorities have maintained silent with regard to Chief Calfunao and this issue whilst the Chilean media have offered no coverage her situation.

Chief Calfunao from Cunco, 9th region, Wallmapu, Chile continues to suffer brutal and systematic repression at the hands of the Chilean authorities and local land owners (latifundistas) of European descent, in their centuries old struggle for ancestral land rights and self-determination.

In a bid to break the determination of the leader of the Juan Paillalef community and her predecessors, successive Chilean authorities have systematically targeted the entire Calfunao family by means of false arrest and imprisonment (with recourse to anti-terrorist law being systematically applied to Mapuche people as a means of social and political repression), interrogation, police brutality, torture, intermittent police raids where violent assaults and intimidation are commonplace.

A statement issued on the 5th of October by Carolina Landero Calfunao, daughter of Chief Calfunao, reads ‘’From the 9th Region of Araucanía on this the 11th month of unjust incarceration of members of my community and my family I wish to state that this government has bullied both the communities and the people….those who daily suffer physical and psychological harassment. We have had enough of sitting and talking with a government which does not deliver that which it promises.’’

Currently in detention are Chief Calfunao; her husband Antonio Cadin; sister Luisa Calfunao; sons Wailkilaf Cadin Calfunao and Jorge Landero Calfunao; mother Mercedes Paillalef Moraga and daughter Carolina Maciel Landeros Calfunao the later two being held on house arrest.

Mapuche International Link have again requested the urgent intervention of international human rights organisations in support of Chief Calfunao and her family.

Please contact the following address to express your concern and solidarity: ·

Misión Permanente de Chile ante las Naciones Unidas en Ginebra, 58, Rue de Moillebeau (4º piso), CH-1209, Ginebra, fax: + 4122.734.52. 97, misionchile@misginchile.org


Misión de Chile ante la Unión Europea, 106 Rue des Aduatiques, 1040 Bruselas, Bélgica, Fax.: +32 (02) 736 49 94, embachile@embachile.be


Sra. Michelle Bachelet Jeria, Presidenta de la República, Palacio de La Moneda , Santiago, Chile. Fax: (+562) 690 4958, opinion@presidencia.cl, internet@presidencia.cl ; mhansen@presidencia.cl


Sra. Paulina Veloso Valenzuela, Ministra Secretaría General de la Presidencia, Palacio de La Moneda, 1160 Entrepiso, Santiago, Chile, fax: + 562. 69.04.329, gjoignant@minsegpres.cl


Sr. Belisario Velasco Barahona, Ministro del Interior, Palacio de la Moneda s/n, Santiago de Chile, fax: (+562) 69 68 740, lguzmanp@interior.gov.cl (contacto de prensa)


Sr. Isidro Solís Palma, Ministro de Justicia, Morandé 107, Santiago Casilla 21, Santiago, Chile, fax: (+562) 698 70 98, minju@reuna.cl ; minju@minjusticia.cl ; rmadrid@minjusticia.cl.


Sr. Alejandro Foxley Rioseco, Ministro de Relaciones Exteriores, Catedral 1158, Piso 3, Santiago, Chile, fax: (+562) 696 87 96, minrel@minrel.cl ; mdelaguarda@minrel.gov.cl


Don Eduardo Klein Koch, Intendente IX Región La Araucanía, Bulnes 590, piso 2, Temuco, Chile, fax: +56 45 208630 o +56 45 208218, intaraucania@interior.gov.cl


Sr. Tucapel Jiménez F., Presidente Comisión de DDHH, Nacionalidad y Ciudadanía de la Cámara de Diputados, tjimenez@congreso.cl


Senador Sr. Carlos Ignacio Kuschel Silva, Presidente de las Comisión de DDHH, Nacionalidad y Ciudadanía del Senado, ddhhsen@senado.cl
Please write also to the diplomatic representative of Chile in your country.

Further information can be obtained by contacting:

Mapuche International Link
Reynaldo Mariqueo on +44-(0)117 9279 391 or
by visiting our Website at:

http://www.mapuche-nation.org/english/html/campaigns/juana_calfunao.htm ]]> Wed, 17 Oct 2007 15:26:00 EDT http://aanurot.tigblog.org/post/269521 8.5 4.558.54.55 http://aanurot.tigblog.org/post/268805 Placing a Premium on Virginity

Many cultures in the past placed a premium on the virginity of girls and young women before marriage. Several still do, and in some places where the practice had declined there has been a return to so-called virginity testing to determine whether a girl has ever had sexual intercourse. In South Africa's KwaZulu-Natal Province, and in the neighbouring kingdom of Swaziland, girls are routinely inspected to check if they are virgins. The reason for the practice, it is said, is to 'preserve beauty, pride and a valuable asset of the nation. Women are regarded as flowers of any nation and each nation has its specific features and perceptions of what value is.'[1]

Linking Virginity to HIV/AIDS Prevention

Virginity testing is now being touted as one method to check the onslaught of the HIV/AIDS pandemic, presumably to encourage abstinence, which is one of the ABCs of preventing the spread of the virus. One of the advocates of virginity tests is South Africa's immediate former Deputy President Jacob Zuma who, while still in office, was reported as having encouraged girls to take the tests as a way of curbing the spread of HIV/AIDS and reducing the prevalence of early pregnancies. Mr Zuma referred to virginity as a girl's 'family's treasure,' saying that traditionally girls 'would only have sex when permitted to do so by their families after marriage.'[2] In Uganda, one Member of Parliament organizes bursaries to enable needy girls to university, provided that they pass a virginity test. He links virginity tests to the prevention of exposure to AIDS. [3]

The South African Parliament in June 2005 passed a Bill to prohibit virginity testing. This drew fierce opposition from proponents of the custom. Zulu king Goodwill Zwelithini protested that he was not consulted by the government before the law was enacted, and his supporters are reported to have vowed to defy the ban on this age-old tradition. [4] Many of the girls who undergo the inspection say that they are doing so of their own volition and in exercise of their right to practise their culture and traditions. On the other hand, human rights advocates say the tests are ''discriminatory, invasive of privacy, unfair, impinging on the dignity of young girls and unconstitutional.''[5] The debate brings into focus the sharp clash between the right to practise culture and other human rights of bodily integrity and equality as well as sexuality rights.


Are Virginity Tests an effective Weapon in the War against AIDS?

Virginity tests are unlikely to prove a realistic or useful HIV/AIDS prevention method, and may even be an obstacle for several reasons:



Linking virginity and by extension 'purity' moralizes the HIV/AIDS status of people and this is not effective in tackling the disease. It merely leads to discrimination against people living with HIV and AIDS. Virginity tests rely on shame and the fear of stigmatization, rather than free choice, to encourage girls to abstain from sex before marriage. In some communities, girls who pass the test wear a colourful dot on their foreheads to show that they are 'pure'. [6] Those who fail the test are shunned, and this is likely to cause immense psychological and emotional trauma to them and stunt their social development. Further, it is likely to lead to people failing to disclose that they are HIV positive and consequently missing out on the benefits of living positively with the virus and drawing on a support system, which has been shown to delay the onset of full blown AIDS and to improve the quality of life of those with AIDS. Countries such as Uganda have been successful in bringing down infection rates largely due to their policy of removing the stigma surrounding the disease.

Moreover, virginity testing fails to take into account involuntary sexual encounters such as rape. Many girls and women, out of shame, do not report that they have been raped. In a country like South Africa which has a notoriously high incidence of rape, a girl who has been raped would undergo trauma on several levels if she had to undergo a virginity test.


In some parts of Southern and Eastern Africa a myth has arisen that an HIV positive man can be cured by having sex with a virgin. This has seen the rape of many girls, from infants to young women, leading to their infection with the virus. Virginity testing would be a dangerous companion to the myth, serving to confirm which girls are virgins and exposing them to the great risk of being raped and contracting HIV.

Virginity testing places the responsibility of preventing HIV/AIDS on girls and women and this is not an effective way to combat the scourge as global statistics indicate that HIV/AIDS is mainly spread through heterosexual sex. Both men and women have the responsibility to prevent HIV transmission. Although there have been calls for boys to undergo virginity testing as well, these have been few and far between. It is mostly girls who are tested as they are the ones who are expected to remain 'pure' before marriage. Most cultures that venerate the girls' virginity do not similarly venerate boys' virginity.


HIV/AIDS is also spread within marriage and a girl or young woman who has avoided contracting the virus before marriage may contract it afterwards from her husband. She may even contract it from another partner if the main driving force for her abstention from sex prior to marriage was to avoid the shame and stigma of failing a virginity test. The tests may therefore just temporarily suspend the risk of getting the disease.


Virginity testing may merely result in young people avoiding vaginal intercourse and having other forms of sexual intercourse such as anal or oral intercourse, through which HIV can still be spread.


In any case virginity tests are often inaccurate. The most common test is checking whether a girl's hymen is intact, but many girls are born without the membrane, or it is ruptured in other ways such as during sport. Around the world, there are numerous other traditional ways to test whether a girl is a virgin, and these are based on myth, such as the test to determine whether a girl's urine is 'clear and sparkling' as a virgin's should be. [7] Moreover, the presence of a hymen is not necessarily an indication that a girl or woman has never had sexual intercourse. In Egypt, China, amongst some ethnic groups in the United States, and in many other countries it is becoming increasingly common for women to have surgery to restore their hymens. The presence of a hymen is not therefore any indication of a woman's HIV status.


South Africa has one of the highest HIV infection rates in the world, and its leaders have been criticised for burying their heads in the sand about the HIV/AIDS pandemic, and for suggesting doubtful ways of tackling the virus, instead of tried and proven methods of preventing transmission. The South African government's official stance is against virginity testing, but it remains to be seen whether the ban will really be effective in preventing the practice given that the tests have received strong support from some of the country's leaders and are gaining in popularity.

Notes
1. Report on Consultative Conference on Virginity Testing held in South Africa on June 12, 2000 by South Africa Commission for Gender Equality and the South Africa Human Rights Commission. 2. See http://news.bbc.co.uk/go/pr/fr/-/2/hi/africa/3683210.stm 3. See http://news.bbc.co.uk/1/hi/world/africa/4700171.stm. 4. See http://www.plusnews.org/AIDSreport.asp?ReportID=5052 5. Teboho Maitse, a member of the South African Commission on Gender Equality quoted in 'Ban on virginity testing raises ire of Zulus.' Ibid. 6. See http://www.aegis.com/news/lt/1999/LT990702.html 7. See http://lynx.dac.neu.edu/k/kakelly/virgins/virgins.html
]]> Mon, 15 Oct 2007 16:29:00 EDT http://aanurot.tigblog.org/post/268805 8.5 4.558.54.55