Rape and deadly abortions

How many more injustices will it take for the country to review its restrictive abortion laws?

On February 5 2024, The Daily Times reported the death of a girl, aged 16, who was raped by  a kabaza motorcyclist.

The teen resorted to backstreet abortion after several failed attempts to get medical assistance.

There are several injustices at play. Firstly, the article did not discuss the grave sexual violence that led to the unwanted pregnancy.

The Penal Code lists rape under “offences against morality” and it is punished by death or life imprisonment.

This makes rape a serious crime.

But violence against women and girls in Malawi is prevalent.

A 2023 national survey indicates that for many girls, their first sexual encounter is unwanted.

Sexual violence is exacerbated by socially legitimised gender biases, norms and attitudes. Here, being ‘male’ means dominance and control while expecting women and girls to be submissive even to forced sex.

Most cultural practices, including rites of passage, perpetuate these power imbalances and gender inequalities.

Although the law prohibit marriage before 18, forced child marriages remain pervasive.

From the story, we do not know whether the kabaza operator ever faced justice for defiling the girl, who succumbed to complications of unsafe abortion.

Although the law allows a woman to terminate a pregnancy if her life is in danger, they are too often denied a safe abortion.

Traumatised women and children impregnated by rapists are turned away from health facilities. Often, they have nowhere else to turn.

Pregnancy is risky, especially child pregnancies, and abortion complications fuel maternal deaths.

Had health workers provided safe abortion, the girl would have lived.

The theme of last year’s 16 Days of Activism against Gender-Based Violence was Unite! Invest To Prevent Violence Against Women And Girls.

Are we doing enough as a country?

We need to walk the talk.

The current abortion law, a remnant from pre-colonial days, is ambiguous and some healthcare workers find it easier to deny the service than risk imprisonment by providing safe abortion to save a woman’s life.

Those seeking life-saving abortions, including children, are tragically told it is unlawful.

A 2022 study by the Kamuzu University of Health Sciences shows that child rape survivors face embarrassment, fear, blame and stigma.

Rape-related pregnancies crush dreams with lifelong consequences and some girls become suicidal. In addition to the physical and psychological trauma,  the few who seek justice are mocked by police and face lengthy court delays as rapists often walk free, allowed to attack them again and again.

There are courageous efforts to change the status quo.

Nyale Institute is pursuing public interest litigation for the court to clarify the law and allow child survivors of sexual violence get safe abortion.

The Coalition for the Prevention of Unsafe Abortion (Copua) and associated campaigners raise public awareness about the importance of access to safe abortion, contraception and other sexual and reproductive health services.

New coalitions like the Religious Leaders Network for Choice support women’s rights to choose.

Custodians of culture such as senior chiefs Kachindamoto of Dedza, Lukwa of Kasungu, Mabilabo of Mzimba and Chikumbu of Mulanje have been amplifying the need for change.

For the first time in Malawi’s history, access to safe abortion featured on Parliament’s Order Paper through the courageous efforts of Chiradzulu West legislator Matthews Ngwale. The chairperson of Parliamentary Health Committee crafted a private members’ Bill to have the proposed Termination of Pregnancy Bill debated in the House.

But more is needed.

Reading the story of a needless death, we must ask ourselves: What if that was me or my friend, wife, daughter, niece, cousin?

We need to have these tricky and unsettling conversations with sons, daughters, parents, uncles and aunts. We must talk about it with friends, among faith communities, at school, in the media and  in Parliament.

More open conversations may just help overcome the taboo.

It is time to start tackling these injustices head on.

How many more rapes or deaths from unsafe abortions must women and girls endure before the country enacts and implements law reforms?