Reacting to the proposed amendments to the Malagasy Penal Code, which now allow for chemical and surgical castration as punishment for rape against minors, Tigere Chagutah, Regional Director of Amnesty International in East and Southern Africa, said:
“In Madagascar, rape cases remain under-reported, and perpetrators often go free due to the victims’ and their families’ fear of retaliation, stigmatization, and a lack of trust in the judicial system.
“Implementing chemical and surgical castration, which constitutes cruel, inhuman and degrading treatment, as a punishment for those found guilty of raping minors is inconsistent with Malagasy constitutional provisions against torture and other ill-treatment, as well as regional and international human rights standards.
“The Malagasy authorities must instead prioritize a survivor-centered approach, which empowers and enables survivors to report safely without fear of stigmatization and retaliation; effectively holds perpetrator to account and introduces necessary reforms to the criminal justice system to ensure survivors can access timely justice and remedies, and moreover, strengthens prevention efforts to address and eliminate root causes.”
Background
On January 24, 2024, the bill intending to insert chemical and surgical castration into the Malagasy Penal Code as punishment for individuals found guilty of rape against minors was deposited before the Malagasy National Assembly for adoption. The National Assembly adopted it on February 2, 2024, and the Senate adopted it on February 7, 2024. The bill is to go through the Supreme Constitutional Court before President Andry Rajoelina signs into law the new amendments.
Amnesty International strongly urges the Malagasy authorities to bring the amendments in line with human rights standards while prioritizing the well-being, rights and needs of survivors.
Distributed by APO Group on behalf of Amnesty International.