Tag

Ghana

Africa Featured Society and Culture Women's Rights

Domestic Violence in Ghana: Socially Accepted and Judicially Trivialized

The West African country of Ghana’s deeply entrenched patriarchal culture, where the husband’s exclusive rights to his wife trump her own, condones domestic violence. Most Ghanaian women are told that to be successful in life, they must find a husband and serve him adequately by fulfilling gender roles and continuing his lineage. Wives are told to be socially smaller than their husbands, who are their superiors, breadwinners and protectors. Across all the hundreds of ethnic groups in Ghana, women are viewed as inferior to men. One of the many social dimensions arising from this gendered culture includes an acceptance of domestic violence. The few women that legally report their instances of abuse are supposed to be supported by Ghana’s Domestic Violence and Victim Support Unit (DOVVSU), a branch of the Ghana Police Services. However, Ghanaian women still face extreme obstacles in preventing and reporting domestic violence as well as seeking and receiving justice from the Ghanaian criminal system. Despite the normal inefficiencies that plague most of Ghana’s institutions (the DOVVSU does not even have a website), the root of the Unit’s ineffectiveness remains Ghana’s deeply entrenched gendered culture.

Traditionally, when women are born they belong to their fathers. Once married, their cultural property title moves to their husband and his family— a sister-in-law can refer to her husband’s wife as, “my wife.” If a wife is disobedient, which includes failing to fulfill her traditional obligations like cooking, cleaning, taking care of children and being sexually available whenever her husband desires, domestic violence is often socially accepted by both men and women. According to Ghana’s 2003 Demographic and Health Survey,19.8% of men and 34% of women found it socially acceptable for a husband to beat his wife if she went out without telling him. The survey also showed that 10.1% of men and 19.9% of women considered it acceptable for a husband to beat his wife for refusing to have sex with him. These statistics are unfortunately not unique to Ghana and are part of an international and regional epidemic.

Within West Africa, domestic violence is widespread and often legally allowed. Globally, 30% of women experience violence from intimate partners and 36.6% of African women experience lifetime intimate partner violence. Section 55(1)(d) of Nigeria’s Penal Code legally condones an assault by a husband on his wife for, “the purpose of correcting his wife, such husband and wife being subject to any native law or custom in which such correction is recognized as lawful.” Spousal rape is also not criminalized in Togo, Ghana’s neighbor. In Benin, 68.6% of women experience violence at the hands of men, and 69.5% of those perpetrators are spouses or partners. One in four women in Senegal are victims of domestic abuse. These high statistics are the consequence of deeply gendered cultures where domestic abuse is socially accepted and frequently legal.

These embedded cultural norms were challenged in the past four decades by a global wave of women’s rights advocacy. Several international and regional treaties, bills, covenants and conventions geared towards women’s rights were adopted, including the UN’s notable Convention on the Elimination of All Forms of Discrimination against Women. One of Ghana’s responses to this push included establishing the DOVVSU in February 2007. However, women who seek the DOVVSU’s support are often discouraged to report their claims and rarely see their spouses brought to justice. The DOVVSU fails in its mission to provide victims with adequate support services because it remains shackled to Ghana’s patriarchal culture.

Many Ghanaians traditionally believe that domestic abuse should be resolved within the household rather than externally via the justice system. This mindset causes judges to trivialize domestic violence cases or pressure women to drop their claims. Often times, Ghanaian women are too embarrassed, disheartened or discouraged to even report their cases of abuse—95% of Ghanaian women who have been raped do not report the incident. Even when women do pursue criminal charges many of their claims never get sent to court, they experience societal shaming and hardly any cases lead to convictions. A statistic from 2010 found that out of 12,706 cases in the country, only 954 were sent to court and of those only 118 convictions were obtained. These numbers are unacceptable given that the DOVVSU’s intent is to provide victims with the support necessary to seek justice. In actuality, those who are entrusted with the power to help victims find justice convince and encourage women to drop their claims and return to their abusive relationships to avoid disturbing the peace of their communities.

Another traditional belief contributing to the DOVVSU’s ineffectiveness and the prevalence of domestic violence is the cultural mindset that marriage equals consent. A 2007 survey found that 20.6% of Ghanaian women have experienced intimate partner violence in their lifetime and 44.5% have experienced physical and/or sexual abuse from intimate partners and/or non-partners in their lifetime. These high numbers are not surprising considering until 2007, Ghanaian Criminal Code section 42 (g) explicitly allowed marital rape by stating, “the consent given by a husband or wife at marriage, for the purposes of marriage, cannot be revoked until the parties are divorced or separated by a judgment or decree of a competent Court.” After the DOVVSU was established, section 42 (g) was revised to state, “The use of violence in the domestic setting is not justified on the basis of consent.” While the changes imply husbands can be criminally prosecuted for marital rape, there is no direct prohibition of marital rape statutorily in the Ghanaian Criminal Code. In addition, the revision in the law has yet to change cultural and patriarchal mindsets that contribute to the extent of marital rape and the attitudes of law enforcement officers who trivialize domestic violence cases.

The DOVVSU’s establishment marked a significant first step in improving the Ghanaian domestic violence landscape, however its effectiveness is marred by prevailing cultural norms. How can Ghana create an effective DOVVSU when major sources of its inadequacy are beliefs that can only be changed with time? This is a difficult question to answer, but the solution must include more rigorous sensitivity training for judges, police officers and leaders of communities, national emphasis on the issue and increased marketing about the DOVVSU. Queen mothers, who are the female leaders of many Ghanaian communities and dedicated advocates for women and children, and DOVVSU representatives should organize community discussions about gender roles and domestic violence. Similar conversations should be conducted in classrooms so from a young age children can start a normally nonexistent discussion regarding domestic abuse. Queen mothers should also spearhead female support groups as forums for women to talk freely about sexism and gender roles. Female focused NGOs must also work with Queen mothers and take advantage of their unique position with women and children. These open conversations regarding gender constructs and their societal influence will work to challenge the prevailing norms and change the mindsets that leave many Ghanaian women disentitled to their own bodies.

May 26, 2016 4 comments

Africa Featured Society and Culture The International Economy

Old Problems, New Scapegoats

written by Erica Anjum

By Erica Anjum

Africa is a continent of profound diversity. Nonetheless, many African countries share something in common: most are considered “underdeveloped.” While there have been several theories advanced as to why, recently some African politicians have suggested that homosexuality is to blame for Africa’s problems.

Many African states have long had anti-gay laws in place, but for the most part, they remained neglected. However, 2014 witnessed the passing of new laws and the implementation of old ones in several states. For example, the Kenyan Penal Code defines “…carnal knowledge of any person against the order of nature…” as a felony punishable with up to 21 years of imprisonment. While this law has existed for decades, Kenya has only recently undertaken aggressive enforcement. Meanwhile, on January 7, Nigerian President Goodluck Jonathan signed a new law prohibiting same-sex marriage. Uganda’s President Yoweri Museveni followed suit and signed a similar law into effect only a month later.

These laws go well beyond banning gay-marriage. For instance, in Nigeria, any show of love between two people of the same sex can now earn offenders up to ten years in jail. In Uganda, the death penalty was originally proposed as a punishment for same-sex relationships. This was ultimately changed to life in prison before being passed. Moreover, authorities frequently deny bail to individuals arrested on charges of homosexuality.

Politicians and legislators are not the only ones expressing anti-gay sentiments. Animosity seems widespread amongst the general public. For instance, Bauchi State in Northern Nigeria follows both the Western style penal code and Sharia law (by which sodomy is punishable with death by stoning). Earlier this year in Bauchi, thousands of protesters gathered outside the trial of seven men who allegedly belonged to gay organizations. As the mob turned violent and began throwing stones at the accused, the judge halted the hearing and ordered the guards to return the defendants back to the safety of the prison.

Similar events have unfolded in many African countries, coupled with a growing focus on anti-gay laws. What explains the recent trend in targeting homosexual behavior?

Kwado Osei-Opare, a Ghanaian doctoral student in UCLA’s History Department, points out that it is important to remember that homosexuality is not new to Africa. Throughout history, African societies have tolerated, or at least ignored, some forms of LGBTQ relations. The yan daudu subculture in northern Nigeria is one such example. Yan daudu translates to “men who act like women” and members have peacefully coexisted with the Hausa Muslim communities in the North for over a century. The recent legislation and social hostility has broken that peace. Osei-Opare suggests that Western colonial powers first introduced the labels and negative attitudes towards homesexuality currently prevalent. These norms were eventually institutionalized. He points out that, ironically, much of the international pressure on African Governments to protect gay rights now stems from ex-colonial powers.

One theory analyzing the current trend suggests that the recent expansion of anti-gay sentiment stems from a continuance of culture clash between Western and traditional African values. However, the situation may not be that simple.

The recent wave of anti-gay legislation can also be viewed as an attempt to divert attention from the political, economic, and social issues national leaders have thus far failed to mitigate. In many of these states, while politicians have employed corrupt means to privately profit from national resources and revenues, the government has failed to deliver on promises to citizens for better lives. For example, Nigeria has an abundance of natural resources, most notably oil. While such abundance should improve the lives of citizens, profits from oil have primarily benefited a handful of elites. Politicians have lined their own pockets, sharing the wealth with a few select supporters. Meanwhile, many Nigerians struggle to make ends meet. General awareness of such practices have resulted in political leaders losing support and credibility over the years.

Within this context, advancing anti-gay laws have provided a way for politicians to distract the public from the problem of corruption and simultaneously rebuild a dying support base. For instance, Museveni’s support of the new anti-gay bill is one of his few actions that has garnered popular approval from Ugandans as of late. This strategy has enjoyed success because, unfortunately, despite their awareness of corruption citizens often have no power to increase government accountability and effectiveness. Lacking outlets, they focus their frustrations on other issues and sometimes lash out against each other. Political leaders have made the most of this. While they privately profit through corruption, leaders publicly express their opinions against homosexuality and sign laws into place. The LGBTQ community thus serves as the most recent distraction and scapegoat for problems that have long plagued many African states.

While some of the recent developments stem from endogenous factors, the clash between Western norms and traditional values have shaped events in important ways. Many Western nations have expressed alarm over recent developments. The United States government has been fairly conservative on the topic: President Obama’s response has been limited to reiterating that Americans value equal rights for all. His administration has also set aside $3 million for organizations dedicated to protecting gay rights in other countries. Britain, on the other hand, has been much more aggressive. Prime Minister David Cameron recently declared that Britain would begin to withdraw aid if African leaders continued to support anti-gay legislation.

Unfortunately, such statements may have caused more harm than good. Although Cameron initially directed his statement at Ghanaian President John Atlas Mills, leaders and citizens from many African states have responded in outrage. In an already tense atmosphere, Cameron’s statement has served as a rallying point. Some people care about the LGBTQ issues, but others are more perturbed by what they perceive as continuing Western interventionism and bullying. Many Africans have consequently interpreted Cameron’s statement as an attempt to superimpose Western values on traditional African societies and as an affront to national autonomy. Furthermore, African citizens and leaders have been especially critical of the fact that the same countries that are attacking African policies have failed to agree on these issues within their own borders.

There is a striking difference, of course, between unresolved debates over gay marriage (such as those ongoing in the United States) and discussions surrounding life imprisonment and the death penalty. The latter is viewed internationally as an affront to fundamental human rights. Despite national claims to autonomy, African states willingly participate as members of the global community. This membership can render many benefits, but it also entails a special relationship between national autonomy and international norms. Members are expected to adhere to internationally established guidelines such as human rights laws. At the least, each country may be subjected to scrutiny over how international norms are embodied within national politics.

In the face of such scrutiny, accusing Western states of cultural hegemony adds nothing of value to the argument. African leaders and peoples have complained in the past that even in the post-colonial era, they continue to be marginalized from world politics and treated as recipients rather than partners. If African nations wish to author a new story, they must join the conversation rather than retreating behind stale boundaries between western and traditional values.

May 20, 2014 0 comment