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- Madagascar is on track to pass a chemical and surgical castration law for paedophiles.
- Amnesty International says the law is a direct violation of human rights.
- Rape is largely underreported in Madagascar.
Legislation that will lead to chemical and surgical castration for those found guilty of statutory rape in Madagascar is at an advanced stage, but the process should be stopped, Amnesty International argues.
The proposal, which received overwhelming support, was raised last month as an addition to the Malagasy Penal Code.
It was introduced in the Malagasy National Assembly for adoption on 24 January and was approved on 2 February, while the Senate approved it on 7 February.
The Bill must pass the Supreme Constitutional Court before President Andry Rajoelina signs the latest modifications.
However, Tigere Chagutah, regional director of Amnesty International (AI) in east and southern Africa, said the law was a violation of human rights.
"Implementing chemical and surgical castration, which constitutes cruel, inhuman, and degrading treatment, as a punishment for those found guilty of raping minors is inconsistent with Malagasy constitutional provisions against torture and other ill-treatment, as well as regional and international human rights standards," he said.
READ | NPO challenges constitutionality of rape and consent definitions in Sexual Offences Act
AI suggested a victim-friendly approach to rape in a country where rape is underreported.
"The Malagasy authorities must instead prioritise a survivor-centred approach, which empowers and enables survivors to report safely without fear of stigmatisation and retaliation; effectively holds perpetrators to account and introduces necessary reforms to the criminal justice system to ensure survivors can access timely justice and remedies, and strengthens prevention efforts to address and eliminate root causes," Chagutah said.
Human rights groups claim that the law will not address the core cause of the crime of rape against minors and will violate the country's constitutional protections against torture and ill-treatment, as well as other regional and international human rights norms.
When approved, raping a juvenile will carry a penalty of chemical castration and life imprisonment.
If the victim is aged 10 to 13, the sentence is reduced to castration and 15 to 20 years of hard labour.
Under the unamended law, persons found guilty of raping a minor faced sentences ranging from five to 20 years in prison.
In defending the amendments, Madagascar's Minister of Justice, Landy Randriamanantenasoa, said "society must know what they did and who they are".
The News24 Africa Desk is supported by the Hanns Seidel Foundation. The stories produced through the Africa Desk and the opinions and statements that may be contained herein do not reflect those of the Hanns Seidel Foundation.
