Your daily Selection of IRIN Africa PlusNews reports, 8/13/2004

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U N I T E D N A T I O N S

Office for the Coordination of Humanitarian Affairs

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[These reports do not necessarily reflect the views of the United Nations]

CONTENT:

1 - SOUTH AFRICA: Sexual Offences bill raises many concerns

1 - SOUTH AFRICA: Sexual Offences bill raises many concerns

JOHANNESBURG, 13 August (PLUSNEWS) - As a week-long campaign to create

awareness around the Sexual Offences bill draws to an end, South African

NGOs involved in gender violence issues are calling for the proposed

legislation to provide free anti-AIDS drugs for rape survivors.

The bill initially included a treatment clause covering post-exposure

prophylaxis (PEP) for women who had been sexually assaulted at state cost,

but it was removed, then reinstated in modified form, and has now been

sent back to the ministry of health for redrafting.

The NGOs are uncertain about the future of the clause. " It's difficult to

establish the department of health's progress in reworking the clause - we

are hoping that all will be revealed within the foreseeable future, "

Helene Combrinck, senior researcher at the Community Law Centre at the

University of the Western Cape, said at a briefing this week.

South Africa has one of the highest incidences of sexual abuse in the

world. According to police statistics, 52,107 rapes and attempted rapes

were reported in 2002, while a 1999 health department study found that 7

percent of women aged between 15 and 49 had been raped or coerced into

having sex against their will.

Although cabinet announced in 2002 that rape survivors were to receive

antiretroviral drugs to reduce the risk of HIV transmission, Combrinck

noted that research conducted by Human Rights Watch had shown that the

provision of PEP was " not happening as it should be " .

The 25 NGOs involved in the campaign said in a statement, " [PEP] is simply

not being consistently offered to survivors of sexual offences, because of

the general reluctance that has been shown by the government to rolling

out antiretroviral drugs. "

" This is why the treatment clause should be in legislation ... there will

be greater accountability, " Combrinck said. " And we cannot get complacent

over the cabinet's decision - if there were to be a shift in resources

priority, it would be more difficult for PEP to get resources. "

There was also a symbolic value to the clause. " If it is included, rape

survivors can have a sense that they have been given thought, and they are

a priority. "

Although the bill has been delayed for almost five years, Combrinck warned

against rushing its implementation. " If I had it my way, this would have

been passed 10 years ago. But we have to try and find a balance and be

realistic ... we all want to get the best end-product at the end of the

day. "

Another contentious issue in the bill has been the attempts to make the

wilful transmission of the HI virus a crime. According to Gender Links

executive director Colleen Lowe Morna, this was a " complex matter " .

" The real issue is the practical side. This will be extremely difficult to

implement and it can work against women, particularly those in abusive

relationships, " she said.

[ENDS]

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