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Madagascar set to castrate child rapists, bringing both criticism and support

Country recorded 600 cases of the rape of a minor in 2023
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FILE - Andry Nirina Rajoelina, president of Madagascar, speaks at the COP27 U.N. Climate Summit, Tuesday, Nov. 8, 2022, in Sharm el-Sheikh, Egypt. Madagascar鈥檚 Parliament has passed a law allowing for the chemical and in some cases surgical castration of those found guilty of the rape of a minor. It has prompted criticism from international rights groups but has also found support from activists in the country who say it鈥檚 an appropriate deterrent to try and curb a 鈥渞ape culture.鈥 (AP Photo/Peter Dejong, File)

Madagascar鈥檚 Parliament has passed a law allowing for the chemical and, in some cases, surgical castration of those found guilty of the rape of a minor, prompting criticism from international rights groups, but also finding support from activists in the country who say it鈥檚 an appropriate deterrent to curb a 鈥渞ape culture.鈥

Parliament in the of 28 million passed the law on Feb. 2 and the Senate, the upper house, approved it last week. It must now be ratified by the High Constitutional Court and signed into law by , who first raised the issue in December. His government proposed the law change.

Justice Minister Landy Mbolatiana Randriamanantenasoa said it鈥檚 a necessary move because of an increase in cases of rape against children. In 2023, 600 cases of the rape of a minor were recorded, she said, and 133 already in January this year.

鈥淢adagascar is a sovereign country which has the right to modify its laws in relation to circumstances and in the general interest of the people,鈥 Randriamanantenasoa said. 鈥淭he current penal code has not been enough to curb the perpetrators of these offenses.鈥

Surgical castration 鈥渨ill always be pronounced鈥 for those guilty of raping a child under the age of 10, according to the law鈥檚 wording. Cases of rape against children between the ages of 10 and 13 will be punished by surgical or chemical castration. The rape of minors aged between 14 and 17 will be punished by chemical castration.

Offenders also now face sterner sentences of up to life in prison as well as castration.

鈥淲e wanted to protect children much more. The younger the child, the greater the punishment,鈥 Randriamanantenasoa said.

is the use of drugs to block hormones and decrease sexual desire. It is generally reversible by stopping the drugs. Surgical castration is a permanent procedure.

Several countries and 鈥 including California and Florida 鈥 allow for chemical castration for some sex offenders. Surgical castration as a punishment is much rarer. The use of both is

Madagascar鈥檚 new law was criticized by rights group Amnesty International as 鈥渋nhuman and degrading treatment鈥 that was inconsistent with the country鈥檚 constitutional laws. The law should rather focus on protecting victims, said Nciko wa Nciko, an advisor for Madagascar at Amnesty.

鈥淥n the island, complaint procedures and trials are not carried out anonymously,鈥 he said. 鈥淭here is a lack of confidence in the Malagasy criminal justice system, due to opacity and corruption. And reprisals against rape victims are frequent. However, the law does not combat these factors.鈥

He added that surgical castration was a problematic criminal sentence if anyone who underwent it was later exonerated of a crime on appeal. He also raised doubts over the capabilities of medical authorities to carry out the procedures.

But amid the criticism, some activists in Madagascar agree with the change in the law because nothing else seems to be working.

鈥淭here really is a rape culture in Madagascar,鈥 said Jessica Lolonirina Nivoseheno of the Women Break the Silence group, which campaigns against rape and supports victims. 鈥淲e are in the process of normalizing certain cases of sexual violence, also minimizing the seriousness of these cases.鈥

鈥(The new law) is progress, because it is a deterrent punishment. This could prevent potential attackers from taking action 鈥 but only if we, as citizens, are aware of the existence and importance of this new penalty.鈥

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Sarah Tetaud, The Associated Press





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