Domestic Violence Act 2007- No Panacea for Violence Against Women?
Sadly, almost four years after the law came into force, its implementation and enforcement is still an uphill task and seems to have been abandoned for the Civil Society Organizations.
Even though Ghanaian women like their counterparts around the globe are subjected to rape, domestic violence and other forms of violence, the scale and true nature of the issue is often hidden. This is because in spite of increased awareness on gender based violence, women continue to experience violence in alarming proportions.
The reasons are not farfetched; there are socio-cultural systems and structures in place that permit gender-based violence to exist and persist. Some of these practices include child marriages (bethrodal), Female Genital Mutilation (FGM), Trokosi, Witches’ Camps, Widowhood rites, marital rape and wife battery, and other forms of violence against women.
‘Violence against women’ is defined by The UN General Assembly Resolution 48/14 of 1994 as:
Any act of gender-based violence that results in, or is likely to result in, physical, sexual, or psychological harm or suffering to women including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life”.
The passage of the DV ACT 2007 should have been the panacea for two reasons. First, it seeks “to provide protection from domestic violence particularly for women and children and for connected purposes”. Secondly, it forbids all manner of persons in a domestic relationship from engaging in violence. Finally it provides for that, any single act as well as a number of acts that cause harm constitute domestic violence.
Ironically, the national and some regional DOVVSU data from 1999-2008 portray a very worrying picture. We must admit that violence against women is endemic in our society and must be eradicated through a co-ordinated approach. The Ministries of Women and Children’s Affairs (MOWAC), Chieftaincy and Culture, the DV Secretariat, DOVVSU, Parliament, The Judiciary, Police, Social Welfare and other Stakeholders must work towards this.
According to the said data, assault (mostly wife battery), defilement and rape top the list with a record of 20,241, 7670, and 1924 reported cases respectively. Non-maintenance is exceptionally high with a record figure of 45,536 over the period.
Again according to the Chief Superintendent of Police and National Coordinator of the Domestic Violence and Victims Support Unit (DOVVSU), Madam Elizabeth Dassah in an address to DOVVSU Personnel, the Unit had recorded 109,784 cases of violence against women and children between 1999 and May 2010. Over 14,300 cases were reported to DOVVSU nationwide in 2008 alone, buttressing the fact that the scope of domestic violence in Ghana is alarming.
Section 35 0f the DV ACT 2007 provides for the establishment of a Victims of Domestic Violence Board to among others “Make recommendations for a National plan of action against domestic violence and monitor and report on the progress of the national plan of action through the Minister” (of MOWAC).
Unfortunately, the pace of work by the Board is painfully slow hence; the Victims of Domestic Violence Support Fund provided for by Section 29 is technically not set up and the shelter for victims has also not materialised. This is because the Ministry of Women and Children’s affairs (MOWAC) under which the DV Secretariat works to inter-alia implement some of the recommendations of the Board is highly inadequate in three areas;
- Human resource
- Funding and
- Technical analysis
Government must show its commitment to Ghanaian women and the numerous International Treaties ratified, notably the Convention of Elimination of all forms of Discrimination against Women (CEDAW) by as a matter of urgency resourcing MOWAC and the DV Secretariat to carry out its mandate. This is especially so when since the establishment of DV Secretariat, it has run solely on donor funding from the Royal Netherlands.
Even though the November, 2010 budget committed some funding to the DV Secretariat, it is not certain that considering the scope of domestic violence presently, the allocations can cater for both strategic requirements under the law like the Legislative Instrument to make the Act fully operational, as well as the training and policy, curriculum development, research and other strands needed.
In line with our National Motto: FREEDOM AND JUSTICE, we must ensure that women and children, and for that matter all Ghanaians are indeed free from violence and per adventure they are confronted with violence, True Justice within the frame work of the law ensures that their rights are promoted, respected and protected, it is a mandatory requirement rather than a request to the Government.
By Mercy C. Adjabeng WiLDAF Ghana