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SUFFERING IN SILENCE

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

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

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protecting the human rights of people around the world.

We stand with victims and activists to prevent

discrimination, to uphold political freedom, to protect people from inhumane conduct in wartime, and to bring offenders to justice.

We investigate and expose

human rights violations and hold abusers accountable.

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HUMAN RIGHTS WATCH

Human Rights Watch conducts regular, systematic investigations of human rights abuses in some seventy countries around the world. Our reputation for timely, reliable disclosures has made us an essential source of information for those concerned with human rights. We address the human rights practices of governments of all political stripes, of all geopolitical alignments, and of all ethnic and religious persuasions. Human Rights Watch defends freedom of thought and expression, due process and equal protection of the law, and a vigorous civil society; we document and denounce murders, disappearances, torture, arbitrary imprisonment, discrimination, and other abuses of internationally recognized human rights. Our goal is to hold governments accountable if they transgress the rights of their people.

Human Rights Watch began in 1978 with the founding of its Europe and Central Asia division (then known as Helsinki Watch). Today, it also includes divisions covering Africa, the Americas, Asia, and the Middle East. In addition, it includes three thematic divisions on arms, children_s rights, and women_s rights. It maintains offices in New York, Washington, Los Angeles, London, Brussels, Moscow, Tashkent, Tblisi, and Bangkok. Human Rights Watch is an independent, nongovernmental organization, supported by contributions from private individuals and foundations worldwide. It accepts no government funds, directly or indirectly.

The staff includes Kenneth Roth, executive director; Michele Alexander, development and outreach director; Rory Mungoven, advocacy director; Carroll Bogert, communications director; Steve Crawshaw, London director; John T. Green, operations director, Barbara Guglielmo, finance and administration director; Lotte Leicht, Brussels director; Patrick Minges, publications director; Maria Pignataro Nielsen, human resources director; Joe Saunders, interim program coordinator; Wilder Tayler, legal and policy director; and Joanna Weschler, United Nations representative. Jonathan Fanton is the chair of the board. Robert L. Bernstein is the founding chair.

      The regional directors of Human Rights Watch are Peter Takirambudde, Africa; José Miguel Vivanco, Americas; Brad Adams, Asia; Elizabeth Andersen, Europe and Central Asia; and Hanny Megally, Middle East and North Africa. The thematic division directors are Steve Goose (Acting), arms; Lois Whitman, children_s; and LaShawn R. Jefferson, women_s.

The members of the board of directors are Jonathan Fanton, Chair; Robert L. Bernstein, Founding Chair, Khaled Abou El Fadl, Lisa Anderson, Lloyd Axworthy, David Brown, William Carmichael, Dorothy Cullman, Irene Diamond, Edith Everett, Michael Gellert, Vartan Gregorian, Alice H. Henkin, James F. Hoge, Jr., Stephen L. Kass, Marina Pinto Kaufman, Wendy Keys, Bruce Klatsky, Joanne Leedom-Ackerman, Josh Mailman, Joel Motley, Samuel K. Murumba, Jane Olson, Peter Osnos, Kathleen Peratis, Catherine Powell, Bruce Rabb, Sigrid Rausing, Orville Schell, Sid Sheinberg, Gary G. Sick, Domna Stanton, John J. Studzinski, Shibley Telhami, Maureen White, Maya Wiley. Emeritus Board: Roland Algrant, Adrian DeWind, and Malcolm Smith.

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.

TABLE OF CONTENTS

I. SUMMARY 11

II. RECOMMENDATIONS 55

III. METHODS 88

IV. BACKGROUND 1010

V. ABUSES RELATED TO RISK OF HIV TRANSMISSION: VOICES OF GIRLS 2525

VI. SHORTCOMINGS AND RISK FACTORS WITHIN THE LEGAL FRAMEWORK 5151

VII. STATE RESPONSE 6464

VIII. INTERNATIONAL RESPONSE 7474

APPENDIX I: CONVENTION ON THE RIGHTS OF THE CHILD 7979

APPENDIX II: EXCERPTS FROM THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN 105105

APPENDIX III: DECLARATION OF COMMITMENT OF THE U.N. GENERAL ASSEMBLY SPECIAL SESSION ON HIV/AIDS, JUNE 2001 117117

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