Anyone found guilty of raping a minor in Madagascar could soon face some severe penalties, specifically chemical and, in some cases, surgical castration.
The Indian Ocean island nation passed the legislation through parliament on Feb. 2, with the Senate and lower house approving it last week. It will have to be ratified by the High Constitutional Court and signed into law by President Andry Rajoelina to become law.
According to the Madagascar Justice Minister Landy Mbolatiana Randriamanantenasoa, the threat of castrating child rapists has become necessary because current laws are not working. She says 600 cases of rape against a minor were recorded in 2023. January this year has already seen 133 cases.
Chemical castration involves using drugs to block hormones and decrease libido. The procedure can be reversed in most mature adults by not taking the drugs anymore. Surgical castration involves the complete removal of the testicles or ovaries to stop the production of hormones, achieving a permanent decrease in libido; it can’t be reversed.
“Madagascar is a sovereign country which has the right to modify its laws in relation to circumstances and in the general interest of the people,” she said to criticism from rights groups.
“The current penal code has not been enough to curb the perpetrators of these offenses,” Ms. Randriamanantenasoa added.
The United Nations Children’s Fund, which is responsible for providing humanitarian and developmental aid to children all over the world, has also highlighted the high rates of sexual abuse against children in Madagascar. It’s speculated that many cases go unreported because it’s a taboo subject and victims are often ashamed.
Human Rights Groups Criticize Law Change
Madagascar President Andry Rajoelina first raised the issue late last year, and his government proposed the law change. However, the move has attracted criticism from human rights groups.Nciko wa Nciko, an adviser for Madagascar at Amnesty International, criticized the law as inhuman and degrading for the sex offenders. He raised concerns surgical castration was problematic because some offenders might be exonerated on appeal. Mr. Nciko also pointed out that the country is highly corrupt, and fair trials are not always conducted.
“On the island, complaint procedures and trials are not carried out anonymously,” he said.
“There 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.”
In the most recent data, Madagascar scored 25 for 2023, indicating high levels of perceived corruption in all sectors, including judiciary, police, and government agencies. In 2022, it scored 26.
