Statement to the Committee on the Elimination of Discrimination against Women on the Combined Third, Fourth and Fifth Reports from the Government of Ghana

Thank you Madam Chair, for giving me the opportunity to address the Committee on the combined Third, Fourth and Fifth Periodic Report of the Government of Ghana. I am Bernice Sam, from the Ghana focal office of Women in Law and Development in Africa (WiLDAF) and representing a consortium of 11 NGOs that put together this Shadow Report.

I would also like to introduce my, colleague Jane Quaye from the Federation of Women Lawyers, Ghana and part of the consortium.

I would like to raise 4 critical areas that need to be addressed by the Government of Ghana in its compliance with CEDAW.

• REPEAL OF ARTICLE 42 (G) OF THE CRIMINAL CODE WHICH ALLOWS THE USE OF FORCE IN MARRIAGE TO CONFORM WITH CEDAW ARTICLES 2 & 24.

1.1. Violence against women and particularly domestic violence continue to plague women in Ghana . Research has shown that 1 in 3 women experience physical violence and 1 in 5 women experience psychological violence. In addition, statistics from the Domestic Violence Victim Support Unit (DOVVSU), a specialised unit set up by the Ghana Police Service reported in 2004, 2,059 wife battery cases and 2,430 in 2005. In response to the alarming rate of domestic violence and in conformity with CEDAW, the Government of Ghana has a domestic violence bill. The definition of domestic violence follows that of CEDAW General Recommendation 19.

1.2. Over the years, government has taken measures to protect the rights of women including legislation on inheritance, trafficking of persons and criminalisation of certain customary practices such as female genital mutilation.

1.3 However, there are other existing laws that discriminate against women. In particular, section 42 (g) of the Criminal Code justifies the use of force in marriage. The consequence of this law is that while an unmarried woman can seek protection from the law if raped, a married woman on the other hand if raped by her spouse cannot seek redress from a court of law.

The law states: ‘The use of force against a person may be justified on the ground of his consent, but a person may revoke any consent which he has given to the use of force against him, and his consent when so revoked shall have no effect for justifying force; save that 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’

Recommendation

• . In the memorandum to the 2006 draft domestic violence bill, which is

currently before Parliament, the Government of Ghana has taken a position not to include the repeal of section 42 (g). The memorandum states ‘the repeal of the provision of the criminal code, 1960 (Act 29) which prevents a wife from prosecuting her husband for rape in marriage has been excluded from the bill in response to public opinion.’

• . We therefore recommend that government should initiate legal reform that

would result in the repeal of section 42 (g) of the Criminal Code.

• . We also recommend that to further assist victims of rape and defilement,

government should put in place a policy that makes medical bills for such victims free. Prosecution of rape and defilement cases are often hampered because of victims’ inability to pay medical fees demanded for examination following such experiences.

1.7. There should be commitment by government to provide the needed resources to responsible state agencies to ensure effective implementation of the domestic violence legislation.

• LEGISLATION TO REGULATE PROPERTY RIGHTS OF SPOUSES DURING MARRIAGE AND AT DIVORCE TO CONFORM WITH CEDAW ARTICLE 16 (C)

2.1. Within the purview of Article 22 of the Constitution of Ghana, on property rights of spouses, there is legislation regulating property rights at death intestate. (Article 22(1)). However, a law regulating property rights between spouses during marriage and at its dissolution under Article 22 (2) is not in place.

2..2 Property rights at divorce are currently covered under customary law and the Matrimonial Causes Act. (1971). There are grave disparities in the application of customary law in cases of customary marriage dissolution that often do not enure to the benefit of women. Similarly, in applying the rules of equity under statutory law, spouses are asked to prove substantial contribution to property acquired, a requirement that is also to the disadvantage of many women, given the difficulty of quantifying women’s domestic work.

2.3. It is to address such injustice that the Constitution mandates Parliament to pass such a law which will also be in compliance with Article 16 (c) of CEDAW.

Recommendation

2.4. Government admits that human rights violations against women occur because of the absence of legislation. NGOs in legal service delivery also affirm the high incidence of property rights violations. Women lose access to land, to a place of habitation, to movable property and to a means of continued livelihood, all of which contribute to their poverty.

2.5. Although government has taken some steps over the last 4 years to discuss property rights under article 22 (2), the process has been slow.

2.6. We are recommending that government prioritizes this issue by giving it the necessary attention.

• LEGISLATION THAT CRIMINALISES THE CUSTOMARY PRACTICE OF BANISHING ALLEGED WITCHES TO WITCHES CAMPS TO CONFORM WITH CEDAW ARTICLES 1, 2 (F), 3 AND 5 (A)

3.1. In 2003, the Special Rapporteur on Violence against Women expressed concern about the persistence in the belief in witchcraft in Ghana and in particular the rural areas. According to her report, (E/CN.4/2003/75/Add.1, Sect. II. A, para. 282) most accused witches are older women and widows. Once identified as witches who cause misfortunes in villages, they are subjected to violence including lynching and eventual banishment from their homes. They then go to live in witches camps outside of their own villages. This phenomenon is prevalent in the northern parts of Ghana which are also the poorest regions in the country.

3.2 A report from only one of the many camps states that, there are 635 witches in that camp with 98 dependents mostly girls. Other serious consequences of banishing witches are that these young girls are subjected to subtle servitude, and have bleak futures as they only complete basic education or do not get any education.

3.4. Banishing alleged witches to confinement in camps is in contravention of Articles 1, 2 (f), 3 and 5 (a) of CEDAW. Additionally, it violates Chapter 5 of Ghana’s Constitution on human rights and fundamental freedoms particularly Article 26 (2) which prohibits all customary practices that are injurious to the physical and mental well-being of a person.

Recommendation

3.5. Like the criminalisation of customary practices of ritual servitude, female genital mutilation and cruel widowhood rites, we recommend that the Government of Ghana should enact legislation that criminalizes banishment of old women from their homes on allegations of witchcraft.

3.6. Furthermore, the proposal made by Ghana in its report to this Committee, that such witch camps will be converted into old people’s homes is impracticable. Stigmatisation associated with being called a witch cannot be taken away by such conversion. Such a shift will rather perpetuate the stigma. Therefore, in addition to legislation we proposed that Government should work with the Commission on Human Rights and Administrative Justice and Civil Society Groups to comprehensively address the practice.

• LIMITED INSTITUTIONAL CAPACITY OF STATE AGENCIES RESPONSIBLE FOR THE ADVANCEMENT OF WOMEN

4.1. In addition to the women’s machinery, there are other state agencies such as the Department of Social Welfare, the Commission on Human Rights and Administrative Justice, the Domestic Violence Victim Support Unit etc. which have the responsibility of ensuring the advancement of women’s rights. These agencies are confronted with capacity constraints in terms of human, logistical and financial resources.

4.2. Each year, budgetary allocations to these institutions for their work have remained inadequate thus affecting compliance to international and national obligations on gender equality. Several research reports and recommendations by UNIFEM and NGOs have all emphasized the need for gender sensitive budgeting.

Recommendation

4.3. In order for state agencies to do their work effectively in the advancement of women’s rights, budgetary allocations, training of personnel and logistical support must be adequately provided.

This page was last updated on September 18, 2006

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