The above facts and figures present a stark picture of the high prevalence of the problem of violence against women and children in Ghana which necessitated the vehement advocacy and campaign activities of the National Coalition for Domestic Violence Legislation (DV Coalition), an umbrella coalition of committed individuals and organizations dedicated to promoting and protecting the rights of women and children, including ActionAid.

Following five long years of controversy over the content of the Bill, arduous campaigning and advocacy efforts resulted in a positive outcome. The Domestic Violence Act was finally passed in February 2007. The Act is divided broadly into three parts:  the first part provides a definition of domestic violence to include physical, economic, sexual and emotional abuse and criminalizes such abuse within existing and previous relationships. This part also provides framework for filing complaints to the Police.

The second part makes provisions for procedures for activating protective and emergency orders.

The final part of the Act provides for the promotion of reconciliation by the Court, publication of proceedings, criminal charges and civil claims for compensations, regulations and interpretation. This part also discusses the relation of the Act to the Criminal Code within which Section 42g was later repealed in a ruling by Justice Crabbe, prohibiting the use of force and violence in domestic setting thus taking away the presumption of consent on the basis of marriage.

Along with many other West African countries, Ghana must be congratulated for fulfilling its international obligations for passing the Domestic Violence Act. However, whilst recognizing this as progress, lack of implementation hinders the effectiveness of the legal provisions and undermines the work being done by anti Violence Against Women (VAW) activists and organizations.

Being all too aware of the fact that a legal reform do not by itself address the underlying structural inequality that persist between men and women, ActionAid programmes to tackle violence against women is complimented by work to challenge women’s exclusion from public life and increase their participation in decision making at all levels, which has been shown to decrease their vulnerability to violence by helping women challenge the existing power structure and enable them to articulate their concerns in the laws, policies, institutions and structures which govern them. We also recognize that women’s ability to live free of violence may also be constrained by the denial of economic rights in the same way that lack of economic empowerment may make them more susceptible to violence. Hence our approach of implementing economic empowerment programmes as entry points to wider community work.

As with every year, the opportunity provided by the international commemoration of the 16 days of Activism campaign against violence against women enables all women’s rights activists and human rights defenders to intensify their work to raise awareness of violence against women as a violation and to seek changes in attitudes, laws, policies and practices. 
 
This year’s theme of ‘Demanding Accountability, Challenging Obstacles” is in line with the work of the National Advocacy Project- NAP ( a network of civil society women’s rights organizations, including ActionAid and spearheaded by The Ark Foundation) had already begun before the passing of the Act.

Since the enactment of the Law, NAP has intensified process of advocacy to ensure effective implementation and accountability from the government to fulfill the provisions and services under this Act and all other existing legislations and is currently collaborating with the Ministry of Women and Children’s Affairs on the drafting and formulation of the policy framework and national plan of action.

Whilst efforts made to begin the process of consultation and collaboration between government and CSO organizations needs to be commended, progress has been rather slow and in light of the prevailing high incidences of violence against women, expediency and urgency in implementation will prevent many women from suffering needlessly.

As well as greater political will and commitments demonstrable by adequate resources allocated to MDAs particularly, the Ministries for Women and Children’s Affairs; Interior; and Justice Work against Violence Against Women, ActionAid calls on the government to ensure protection of women’s rights in practice and not just in words by ensuring the following:

1. a strong institutional, multi-sectoral and coordinated response from the local, regional to national level to ensure monitoring, accountability and effective delivery of services to victims/ survivors as adherence of statutory agencies to systematic and structural procedural framework for handling cases of violence.²
   
   
2. Strengthen partnership with CSO’s to educate and increase awareness on the provisions of the Act as well as other legislations securing rights for women and children to promote victims/ survivors knowledge on their rights and remedies available to them.
   
   
3. Intensification of capacity building programme for the Police, Judiciary, educationists and health personnel to facilitate deeper understanding of the issue and to meet the needs and secure the rights of victims/ survivors.
   
   
4. Provision of appropriate punishment for perpetrators of violence to fit the crime

In addition to the various activities being undertaken at the community, regional and national levels as part of the 16 Days of Activism campaign, we request you to add your voice by completing this petition on line and simply press the submit button for the safe delivery of your completed form.  

[Complete the petition here]

 Thank you for your support.

²As per UN Secretary General’s report and recommendations listed in 2007, the Cross country study of Violence Against Women, 2000