{"id":22663,"date":"2022-12-15T09:57:32","date_gmt":"2022-12-15T09:57:32","guid":{"rendered":"https:\/\/www.africa-press.net\/angola\/all-news\/arranged-marriages-scandalize-justice-secretary-of-state-2"},"modified":"2022-12-15T11:06:19","modified_gmt":"2022-12-15T11:06:19","slug":"arranged-marriages-scandalize-justice-secretary-of-state-2","status":"publish","type":"post","link":"https:\/\/www.africa-press.net\/angola\/all-news\/arranged-marriages-scandalize-justice-secretary-of-state-2","title":{"rendered":"“Arranged” marriages scandalize Justice – Secretary of State"},"content":{"rendered":"

Africa-Press – Angola. <\/strong><\/span>“Arranged” marriages between rapists and minor victims of sexual abuse, as a way to escape the “harsh” penalties imposed by the courts, are growing in certain regions of the country, warns the Secretary of State for Human Rights, Ana Celeste Janua\u0301rio .<\/b><\/p>\n

In an exclusive interview, regarding the International Day of Human Rights, the secretary considers the complaint important, but warns: the solution may lie in prevention, since \u201cexacerbating the penalty will not solve it. It is necessary to work with the families and with the media\u201d, so that the crime does not occur.<\/p>\n

Recognizes that, in many cases, the balance of forces between Customary Law and Positive Law is used as an alternative mechanism for the resolution of various community conflicts.<\/p>\n

The jurist recalls, however, that, alongside these harmful practices, good examples also come from Customary Law, in which some traditional judgments were taken, as an alternative conflict resolution mechanism, for the court to validate.<\/p>\n

Ana Celeste Janua\u0301rio warns, among other things, about this social phenomenon which, in addition to the usual chronic victims – women and children – has already begun to affect men.<\/p>\n

Here is the interview in full:<\/p>\n

The International Human Rights Day was celebrated last December 10th. Do you consider the Angolan Constitution a citizen Constitution?<\/p>\n

Ana Celeste Janua\u0301rio (ACJ) \u2013 Yes! Angola, since its independence, conquered in 1975, with the first constitutional text, established part of the rights, freedoms and fundamental guarantees of the citizen. In practice, these rights are human rights from an international point of view.<\/p>\n

Fortunately, in the area of \u200b\u200bhuman rights, throughout history, we also had an extension from the constitutional point of view. From 1975 to 1992, for example, in the first text, we had the death penalty, but in the 1980s, it was abolished, because it is a violation of a fundamental right by the State. This meant a very big advance in constitutional matters.<\/p>\n

The great text of 1975 did not establish equality between men and women. Fortunately, Angola has never, from a legal point of view, discriminated between men and women. This is important because there are contexts, even in large democracies , it wasn’t like that from the start. There were periods, in the new state and in independent states, when women could not vote. From the outside, they don’t look like achievements, but they are important and worth considering.<\/p>\n

Since 1975, there have been expansions, not only in the constitutional texts, but also in the last fundamental text, which is from 2010, despite the changes in 2021. But, from the first text until today, we have only been expanding the range.<\/p>\n

Then there was a very interesting moment in our Constitution, in terms of fundamental rights. There is an article that says: \u201cThe Universal Declaration of Human Rights, the African Charter on Human and Peoples\u2019 Rights and the other international treaties bound by the State are integral parts\u201d, or what is not to the letter, in the Constitution, but it appears in a convention to which Angola has considered itself a State party, is law.<\/p>\n

And how is the Constitution classified at this moment?<\/p>\n

ACJ – We classify the Constitution in three measures: Legal evaluation. It is important that there is a law that says: women have the right to vote; men and women are equal; there is no death penalty; etc., so that this does not happen.<\/p>\n

Dedicated institutions that can implement what is in the law. At Executive level, the Ministry of the Family, which began as a Secretary of State for Women; at the level of the Legislative, in Parliament, a specialized commission that also deals with women; At the level of the judiciary, we have, for example, in the province of Luanda, a specialized section just to deal with crimes of domestic violence, unfortunately frequent crimes with many processes. This began with the creation of a specialized office in criminal investigation, with a direction that, due to the volume of cases, demanded, within the courts, a section to speed it up.<\/p>\n

The practical question. Citizens must feel that they can exercise their rights without limitations.<\/p>\n

Unfortunately, where there are men, there are conflicts, disputes, abuses, violations, etc. And even a couple’s relationship, which begins with love, can unfortunately end in death. Although statistics say that more than 90 percent of victims of domestic violence are women and children, we have evidence that men are starting to fall victim too.<\/p>\n

Within the scope of the event, marked on the 10th of December, I would like to pay special attention to women and all the struggles they face on a daily basis. In that context, I ask you to define gender violence.<\/p>\n

ACJ \u2013 Gender-based violence is any type of discrimination based on whether you are a man or a woman. When we talk about gender, it is not synonymous with sex (male or female), but we are referring to men and women, analyzing the different roles they play in society and the relationships they establish.<\/p>\n

We need to remember that discrimination is any distinction, exclusion or restriction that seeks to impair or annul the recognition, enjoyment and exercise of human rights and fundamental freedoms. Here we are not just talking about direct violence, but also cultural and social aspects. Here we talk about roles and responsibilities.<\/p>\n

What types of violence can we include in gender violence?<\/p>\n

ACJ – The most traditional is to believe that there are specific professions for men and women.<\/p>\n

Does Angola have a memory of a case involving a woman who ran for a typically male position, lost her job because she was a woman and filed a lawsuit?<\/p>\n

ACJ – We have, throughout history, many cases, but without processes. Several cases of women who challenged the system and reached where, usually, only men arrive. As a rule, the fight is not from the court, it is more of an affirmation fight.<\/p>\n

Continuing to talk about the typologies of crime, we have the escape from paternity. It is, among the crimes related to violence against children, the most committed, with quite frightening numbers, and also pointed out as a crime of violence against women, because, in general, it is an attempt to punish the mother.<\/p>\n

Do you believe that Angola has the legal conditions, and more than conditions, culture to bring this type of action, linked to discrimination?<\/p>\n

ACJ – It is important to make this separation. Legal conditions, Angola has. The law says that if someone is discriminated against for being a woman, she can complain. Let us remember that, a few years ago, we saw advertisements in the newspaper to fill vacancies for secretaries and young women were always asked for; or when looking for personnel to work on oil rigs, only men were expected. These are clearly discriminatory expressions and not only against women, but also linked to gender.<\/p>\n

From a cultural point of view, we still have a lot of limitations, and it’s very difficult to see women complain.<\/p>\n

Looking at history, we should take the example of Njinga Mbandi, who claimed a throne (Kingdom of Ndongo) that was traditionally occupied by men. And let’s look at the example of female empowerment that he set for us. Let us also look at the structure of the reigns in Angola and the traditional power, which is very strong, apart from the East zone, where there is a tradition of female power, like Queen Nhakatolo.<\/p>\n

Now, with the 2022\/2027 Legislature, we have broken taboos. We have a woman Vice-President, a President of the National Assembly, a President of the Constitutional Court and a President of the Court of Auditors.<\/p>\n

Isn’t it a sieve to cover the image that comes from behind, since, at an intermediate level, the same does not happen?<\/p>\n

ACJ – I don’t think so. These are feats that, even in older democracies, do not happen and, if we check the history of other countries, it does not happen either. When, in an insulting way, it is said that that woman is in that place just to fill a quota, it is really an insult, because we know that all the women who occupy these places do so on merit. We come from a period of struggle for conquests. How many women, in order to study, work or join a political party, still had to ask their spouses for permission? It is also discrimination when the head of the family is the man, the only one to decide about the woman and children, when gender takes precedence over merit and it is the boy who goes to school. Or when, in the workplace, the boss passes over a woman because she is going to get pregnant, is going to be absent, etc., etc…<\/p>\n

Therefore, everything goes through conquests made on a day-to-day basis and demands from society.<\/p>\n

Are these excessive cases not an indication that the law is lenient?<\/p>\n

ACJ – It could be. Over time, people have not only been reflecting on this, but also making changes to the law. It is necessary to know that punishing for the sake of punishing will not solve it. There is a great social discussion regarding the issue of sexual violence. We will increase the penalty for offenders. Does this resolve the issue by itself? Unfortunately not! There must be other things incorporated.<\/p>\n

Sexual violence happens within the family or outside the family. Outside the family, we are talking about third parties, and it is easier to punish. What about cases of sexual violence practiced within the family? There are a number of social arrangements that are made so that the stepfather, father, cousin and uncle are not held accountable. Because, like the family, the mother knows that the mother’s husband or the father’s brother abused the girl, and that could be a problem. It is the family that makes internal adjustments and says: \u201cWe will not denounce\u201d! And he does not denounce it, because the penalty is very serious. So we are afraid. Therefore, only aggravating the sentence will not solve it. It is necessary to work with families and with the media. It is always best to prevent. What is wanted is that the crime does not occur. That’s where the solution is. May we not have to work on the effects! And working on the penalty is working on the effects. In addition to the penalty, it is also necessary to disclose. And the appeal goes to the media. Tendentially, if you look at your database, how many cases were reported, for example, of sexually abused children? How many cases were reported where the court decided to convict so-and-so of child abuse? There are few reported cases of child abuse.<\/p>\n

And why doesn’t the court bring the cases to the Media?<\/p>\n

ACJ – It’s like I’m telling you, it’s a job that has to be done, so that there is no idea of \u200b\u200bimpunity, that he abused and the case died there.<\/p>\n

Are there many judged cases?<\/p>\n

ACJ – There is, yes. Unfortunately, the proportion of reported cases and judged cases is still very low. But there are, yes, cases of judgments and it is necessary to alert colleagues from Justice, from the courts, so that they form this partnership with the media, so that there is dissemination. If we check the pyramid on domestic violence, from the complaint to the conviction, the numbers tend to decrease.<\/p>\n

Is it possible to sustain a complaint of sexual violation in a husband and wife relationship, engaged or a couple?<\/p>\n

ACJ \u2013 Yes, there is (how to prove it). Traditional doctrine and many legal systems have already adopted this rule. Fortunately, with the new Penal Code, the legislator already has the same understanding. First, with the forensic examination, then with the statement of the victim and the perpetrator.<\/p>\n

A consensual relationship has a certain aspect and effect. And the environment in which the situation occurs – getting a little closer to expertise – is one way. A non-consensual relationship, on the other hand, can have another, as long as there is a complaint.<\/p>\n

But, unfortunately, there are rare cases in which this relationship is taken out of the home…<\/p>\n

ACJ – Indeed. As I said from the beginning, we still have to work more with the citizen, so that he feels comfortable, to make the complaint.<\/p>\n

In your opinion, do women have a real sense of the phenomenon of domestic violence? And how do they relate, from a legal point of view, to the problem?<\/p>\n

ACJ – I was, this year, in one of the provinces, and, in contact with the magistrates, the families, in a certain area of \u200b\u200bthe country where there was a high number of sexual violence, were making arrangements to hand over the abused girls to the abuser, in order to of becoming the victim’s husband. It’s because? He knows they might file a complaint, and if they do, his life will be complicated. So, he comes to the family and says: \u201cLook, I’m going to propose \u2013 even if she’s only 12 or 13 years old \u2013 it’s my wife\u201d. They make a deal as if nothing had happened. And society accepts!<\/p>\n

And how does Justice see this situation?<\/p>\n

ACJ – Obviously, from a legal point of view, this is a crime that deserves condemnation. But if there is an agreement, how will it reach the courts?<\/p>\n

Are there situations of overlap or conflict between Customary and Criminal Law?<\/p>\n

ACJ – The question of harmful cultural practices is also one of the aspects, especially in the African continent, on which a lot of work has to be done. And we return, once again, to the issue of educating the victims, but, above all, society and the traditional authorities, who are the guardians of tradition, in the sense of seeing, among cultural practices, those that are good and must be maintained , as the habit of solidarity. If the village woman died in childbirth, the others help, they call another to come and breastfeed the baby. Before they invented the milk bank, here, internally, tradition already had this healthy cultural practice.<\/p>\n

Unfortunately, however, we also have harmful cultural practices, such as, for example, a girl who starts to menstruate and the family, in turn, quickly comes to the conclusion that she is ready to marry. There are also those cases in which a problem is solved by paying a dowry or a fine, without considering the fact that the damage caused by the act is serious.<\/p>\n

For reasons like these, has there ever been a bad situation between the Ministry of Justice and the traditional authorities, in the more traditionalist regions?<\/p>\n

ACJ – There is a need to work together, mainly because I don’t like to bring up negative aspects, I like to talk about the positive aspects.<\/p>\n

We found a positive experience in Huambo, in the municipality of Bailundo, where, for a period, some traditional judgments were taken, as an alternative conflict resolution mechanism, for the court to validate. There are experiences of the same kind in Zaire and Luanda. But, just as there are positive experiences, it should be noted that most experiences are negative. That is, what is resolved there, the matter remains, as they say in slang, muffled and does not rise. And the justice institutions have no way of following up, because they didn’t even take notice.<\/p>\n

Within the scope of Customary Law, crimes such as eviction of women, expropriation of women’s property, especially in regions where Customary Law speaks louder, how does Justice protect these families?<\/p>\n

ACJ – At the outset, once again, the law already establishes that this cannot happen. This is not the procedure of the law. If she is a widow and her husband left children, depending on the marriage regime, she is an heir and so are the children.<\/p>\n

From a legal point of view, it’s there, of course. But, because of this cohabitation of positive norms and traditional norms, we have conflicts, since, afterwards, the family comes to say: \u201cNo, tradition says that this good has to be distributed among the members of the husband\u2019s family, because , when you came, you came with nothing\u201d. What does the law do? It applies sanctions and restores legality, but that doesn’t solve it. Education is needed, work is needed with these people who have moral authority in the communities.<\/p>\n

And is this work being done?<\/p>\n

ACJ – We also work with traditional authorities. At the level of the Ministry of Justice, we have what we call Local Committees for Human Rights, which are bodies that exist in the 18 provinces, in 163 of the 164 municipalities and in more than 50 communes. We seek to incorporate traditional authorities into these committees, so that, instead of considering an entity that has certain negative practices, they can bring us positive practices and provide education, in the sense that we can reduce negative practices.<\/p>\n

It is necessary to have an education, training and work component with the main actors: traditional and religious authorities, because of the influence and power they have.<\/p>\n

Some religious institutions have, in their dogmas of faith and in other things, very discriminatory practices. So we need to work with them too. Saying this, note that your religious congregation, your cell, may be sanctioned because you are applying here norms and habits that are not legal.<\/p>\n

In a comparative analysis between rural and urban areas, where are women’s rights violated more?<\/p>\n

ACJ – In terms of human rights, in the diagnosis that is in our strategy, what we saw is that the violation of human rights and also women’s rights happens, above all, in large population centers. Where there are more people, there are more difficulties in cohabitation. For example, in a province like Luanda, anything and everything happens. It is like cosmopolitan cities, as it now houses people from different cultural regions. Then there are those issues linked to the specificities of families and culture and we have regions with harmful cultural practices for children and women. It is necessary to look, for example, at Cuando-Cubango, where the original tribes have certain practices that need attention; in the North as well.<\/p>\n

We would like to better understand the situation in Cuando-Cubango.<\/p>\n

ACJ – In Cuando-Cubango (…), these are questions related to inheritance, inheritance law, possession (…) and women as heads of families, all depending on the characteristics of each ethnic group. Work needs to be done there, as well as with regard to early marriages, in Cuanza Norte, Cuanza Sul and Malanje. We do this follow-up, in a general way, but also in a specific way, depending on the uses and customs of each region.<\/p>\n

Does the Ministry of Justice quantify cases of violence and rape?<\/p>\n

ACJ – No! This is a responsibility, firstly, of the Investigation Services, of the Department against Domestic Violence, but above all of the Ministry of Social Action, Family and Promotion of Women (MASFAMU), which has the technical groups, as well as the National Council for Social Action , the Council for Women and the Family, the Ministry of Justice and all bodies that are part of this council, including information, so that there are national statistics. Fortunately, today they are already working on gender statistics, so that any citizen who is interested in having this information can have it quickly and easily.<\/p>\n

We, the Ministry of Justice, are in possession of the database of victims and perpetrators of human trafficking, with women and children being the main victims of human trafficking. Angola, in our trafficking database, has 140 cases, of which more than 27% have already been judged.<\/p>\n

Is it already an alarm situation?<\/p>\n

ACJ – No! But the studies we carried out indicate that our cultural habits can facilitate permanence and\/or trafficking crimes, organized crime. Right now, if you go to a certain place, and you don’t need to go very far, here on the outskirts of Luanda, in Quissama, Icolo and Bengo, and say: \u201cLook, I have a daughter at home and I want a child to take care of, to help me”. The chances that this gesture will be accepted in the community are very great. People believe that whoever asks is there in good faith. No one investigates, no one follows up, and many times they deliver the children without documents, which is worse, because the person who receives them can do whatever they want .<\/p>\n

After this approach, more or less generic, linked to gender violence, would you like to make any appeal?<\/p>\n

ACJ – Just to remind you that what is internationally known as the ’16 Days of Activism Campaign against Violence against Women’ took place, which began at the end of November and ended exactly on the 10th of December.<\/p>\n

It is very important that all citizens know. Sometimes, biasedly, it is thought that gender issues are women’s issues, and, wrongly, people say: \u201cThat’s a gender issue, referring to women\u201d. No! Gender is an issue that affects both men and women. If I am a man and I have a perception that my subordinate is a woman and is an inferior being, then I have problems with regard to gender balance and perception.<\/p>\n

As a society, we must take advantage of this campaign moment to address the problems related to violence against women, but also to increasingly link human beings (men) to our campaigns, since, if we do not involve men in campaigns, we won’t be able to get there.<\/p>\n

Ana Celeste Cardoso Janua\u0301rio was born in Luanda, graduated in Law from the Agostinho Neto University. It was at Radio Eccle\u0301sia-Emissora Cato\u0301lica de Angola-that she got her first job, as a journalist. In 2008, she joined the Ministry of Justice as a technician, in particular in the office of the minister without portfolio, for the area of \u200b\u200bHuman Rights, later catapulting to head of department, national director and, in 2017, she was appointed Secretary of State for Human Rights and Citizenship, a position he holds to date.<\/p>\n

Daughter of the National Independence, Ana Celeste Janua\u0301rio dreamed of being a journalist, lawyer, psychologist or teacher, since, in her family, she is surrounded by journalists, but it was the Law that chose her.<\/p>\n

Fifth daughter of nine, she has her family as her pillar. As a mother, she does not allow professionalism to rob her of the time of those closest to her. At the end of each journey, she always finds time to talk to the children about their day-to-day lives, and even when she travels, she manages to do so online.<\/p>\n

She loves to read, is always studying and never loses her taste for writing. She has several articles published in the area of \u200b\u200bHuman Rights and does not dispense with the news.<\/p>\n

Her hobby is listening to music and dancing to the sound of kizomba, but whenever she can, she dances other styles. Physical exercise and relaxation are also part of your routine.<\/p>\n

He dreams of a better Angola, with more respect for human rights, where the citizen has a true culture of human rights.<\/p>\n

For More News And Analysis About Angola<\/a> Follow Africa-Press<\/a><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

Africa-Press – Angola. “Arranged” marriages between rapists and minor victims of sexual abuse, as a way to escape the “harsh” penalties imposed by the courts, are growing in certain regions of the country, warns the Secretary of State for Human Rights, Ana Celeste Janua\u0301rio . In an exclusive interview, regarding the International Day of Human […]<\/p>\n","protected":false},"author":84,"featured_media":22662,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2,6,13],"tags":[233,337,329],"class_list":["post-22663","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-all-news","category-files","category-social","tag-africa-press","tag-africa-press-angola","tag-angola"],"yoast_head":"\n"Arranged" marriages scandalize Justice - Secretary of State - Angola<\/title>\n<meta name=\"description\" content=\""Arranged" marriages between rapists and minor victims of sexual abuse, as a way to escape the "harsh" penalties impo ...\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.africa-press.net\/angola\/all-news\/arranged-marriages-scandalize-justice-secretary-of-state-2\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\""Arranged" marriages scandalize Justice - 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