SUFFERING IN SILENCE

The Links between Human Rights Abuses and HIV Transmission to Girls in Zambia

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Human Rights Watch
New York · Washington · London · Brussels

Copyright © November 2002 by Human Rights Watch.
All rights reserved.
Printed in the United States of America

ISBN: 1-56432-283-1
Library of Congress Control Number: 2002116650

TABLE OF CONTENTS

ACKNOWLEDGMENTS

I. SUMMARY

II. RECOMMENDATIONS

To the Government of Zambia
To the donor community
To the United Nations

III. METHODS

IV. BACKGROUND

HIV/AIDS in Africa
HIV/AIDS and Women and Girls
HIV/AIDS in Zambia
Emerging positive trends and interventions
Orphans and Vulnerable Children
Traditional Practices
Sexual Cleansing
Dry Sex
Initiation Ceremonies

V. ABUSES RELATED TO RISK OF HIV TRANSMISSION: VOICES OF GIRLS

Sexual Abuse Within the Family
Sexual Violence and Coercion by Non-Family Perpetrators
Sex for Survival and Sex Work
Sex for Survival
Sex Work
Abuses Against Street Children
Risk Factors Related to Schooling
Discrimination in Access to Education
Absence of Appropriate HIV/AIDS Education
Sexual Abuse Risks for Girls at School

VI. SHORTCOMINGS AND RISK FACTORS WITHIN THE LEGAL FRAMEWORK

International Law
National Law
Statutory and Customary Law
Inheritance
Constraints to Effective Prosecution in Sexual Abuse Cases

VII. STATE RESPONSE

National HIV Policy and National AIDS Council
Victim Support Unit (VSU) of the Police Force

VIII. INTERNATIONAL RESPONSE

Global AIDS Fund Grant to Zambia
Other Donors
United States
United Kingdom
World Bank
United Nations

APPENDIX I: CONVENTION ON THE RIGHTS OF THE CHILD

APPENDIX II: EXCERPTS FROM THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN

APPENDIX III: DECLARATION OF COMMITMENT OF THE U.N. GENERAL ASSEMBLY SPECIAL SESSION ON HIV/AIDS, JUNE 2001

ACKNOWLEDGMENTS

This report was researched by Janet Fleischman, Human Rights Watch's Washington Director for Africa, and Joanne Csete, director of the HIV/AIDS and Human Rights Program, and written by Janet Fleischman. The research is a joint project of the HIV/AIDS and Human Rights Program and the Children's Rights Division. Joanne Csete; Lois Whitman, executive director of the Children's Rights Division; LaShawn R. Jefferson, executive director of the Women's Rights Division; Bronwen Manby, deputy director of the Africa Rights Division; James Ross, senior legal advisor; and Ian Gorvin, consultant to the Program Office edited the report. Human Rights Watch gratefully acknowledges the assistance of Professor Muna Ndulo of Cornell University and Constance M. Lewanika, country coordinator of Women in Law and Development in Africa (WILDAF)-Zambia in reviewing the legal section.

Human Rights Watch is grateful for the assistance of numerous organizations and individuals in Zambia focusing on orphans and vulnerable children, women's rights, HIV/AIDS, health care, education, and human rights.

Most of all, Human Rights Watch wishes to thank all the girls and young women in Zambia who agreed to be interviewed for this report. Their courage and candor provides hope for the future, and made this report possible.

We also acknowledge with gratitude the financial support of the John M. Lloyd Foundation.