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New law says death to child rapists in fight against AIDS in Swaziland |
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 MBABANE, 9 Nov 2005 (IRIN)
- In response to growing alarm over Swaziland's HIV infection rate, a
draft law proposing the death penalty for child rape and the
intentional transmission of the virus was released this week.
"Any
person who is convicted of rape under this bill is liable to the death
penalty if the victim is below the age of 14 years, or to the death
penalty if HIV and AIDS are an aggravating factor, or to the death
penalty where such person has parental power over the child," reads the
Sexual Offences and Domestic Violence Bill of 2005.
The death penalty proposed in the bill for fathers or guardians who
rape and infect children in their charge with HIV is in response to
widely reported incidents of AIDS-related incest.
Swaziland
has the world's highest HIV infection rate estimated at around 40
percent of adults. Attempts by health workers to disabuse HIV-positive
men of the myth that sleeping with a virgin cures them of the virus
have not been entirely successful.
Consensual sex may also become a capital crime if an HIV-positive person does not use condoms.
"A
person who is HIV positive or has a life threatening sexually
transmitted disease who engages in unprotected sex with another person
and intentionally transmits such disease to such a person is guilty of
an offence and liable on conviction to the death penalty," the draft
legislation states.
The bill, drawn up by the Ministry of
Justice and Constitutional Affairs, emerged after consultations with
health and social welfare groups, and the general public.
"We
know from a human rights point of view that the death penalty could be
challenged. But people's views were unwavering on this subject. The
logic behind the bill is clear; it is known that sexual abuse survivors
infected with HIV are condemned to death," said Nonhlanhla Dlamini,
director of the NGO Swaziland Action Group Against Abuse.
The
sexual offences bill echoes the new national constitution, due to come
into force next year, which permits cultural practices like "wife
inheritance" only if a woman consents.
If a woman is unwilling,
those who force her into customs like virginity testing or traditional
marriage are liable to a minimum prison term of 10 years.
"Wife
inheritance is one customary practice that can only be voluntary. In
Swazi culture, a widow goes to live with her dead husband's brother,
and becomes one of his wives. This has become a violation of a woman's
rights today if she is unwilling, and it has become a public health
issue. The practice has been cited as a contributor to the spread of
HIV," said AIDS counsellor Alice Fakudze.
Already outlawed, the
bill further criminalises prostitution and abortion. The new draft
legislation also proposes the death penalty for anybody convicted of
trafficking girls aged under 16.
Abortion can earn a woman a
minimum prison term of seven years, and a fine of E20,000 (US $3,000),
which is about a year's net salary for a low-grade government worker.
Minister
of Justice and Constitutional Affairs, Prince David Dlamini, is due to
table the bill before the government-controlled parliament, although
the date is yet to be specified.
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