Dossier of Claims: Ghana
By FIDH on Friday 5 March 2010, 10:15 - RATIFY! / RATIFIER! - Permalink
RATIFY! Ghana has ratified both the main international and
regional instruments protecting women’s rights; the Convention on Elimination
of All Forms of Discrimination Against Women (CEDAW) and the Protocol to the
African Charter on Human and Peoples’ Rights of Women in Africa (Maputo
Protocol), without reservations. Ghana has also ratified the Optional Protocol
to CEDAW.
RESPECT! The Coalition of the Campaign remains particularly
concerned by the following violations of women’s rights in Ghana: the
persistence of discriminatory laws; violence against women; unequal status in
marriage, family, and inheritance matters; unequal access to employment,
decision-making, and lack of access to quality health services.
SOME POSITIVE DEVELOPMENTS…
The Coalition of the Campaign acknowledges the recent adoption of several
laws and policies aimed at improving respect for women’s rights,
including:
- The adoption of the Human Trafficking Act 2005 which criminalises human
trafficking and imposes a sentence of a minimum of 5 years imprisonment for
offenders.
- The establishment of the Domestic Violence Victim Support Unit (DOVVSU) in
2005 within the police service to provide basic support to victims and assist
in rehabilitation and reintegration into society. However, at present, the
DOVVSU lacks necessary financial and human resources to provide effective
services to victims.
BUT DISCRIMINATION AND VIOLENCE PERSIST
In Law
Ghana has a plural legal system consisting of statutory, customary, and
religious laws, which creates contradictions and inconsistencies particularly
in the areas of marriage and family laws and inheritance and property
rights.
Statutory Laws
Criminal offences Act : Marital rape is not criminalised
under this law on the basis that consent is implicit within a marriage and
cannot be rescinded (s. 42(g)).
Citizenship: Article 7(6) of the Constitution and Section
10(7) of the Citizenship Act add an additional requirement for foreign spouses
of Ghanaian women to acquire citizenship.
Religious And Customary Laws
Marriage: Although marriages under the Marriage Ordinance
are required to be monogamous, polygamy is permitted under both the Marriage of
Mohammedans Ordinance of 1907 and customary law. Nearly all marriages in Ghana
are customary.
Custody: The Children’s Act of 1998 grants parental
authority and custody rights to both the mother and father equally. However,
under customary law, children are deemed to belong to the father’s extended
family and upon dissolution of marriage, the husband usually acquires custody
of the children.
Inheritance: Under Muslim law, women receive smaller shares
of inheritance and family property than their male counterparts.
In Practice
Discrimination in the family
Despite the Children’s Act of 1998, which sets the minimum age of marriage
at 18 years, customary practices of early marriages remain. An estimated 16% of
women between 15-19 years of age are currently married, divorced or widowed.
About 22% of Ghanaian women are estimated to be in polygamous unions, and 40%
of women in northern regions live in polygamous relationships.
Violence
Despite the adoption of the Domestic Violence Act 2007, domestic violence
remains extremely prevalent in Ghana. It is estimated that 1 in 3 women in
Ghana experience it within the family. Statistics from the DOVVSU in 2008
showed that 12,245 cases were reported to the unit in that year. Problems
include a general lack of public awareness of legal provisions and insufficient
support for victims. Although the Domestic Violence Act prohibit doctors from
charging fees for the medical reports required to bring complaints, in practice
doctors continue to charge victims resulting in many abandoning their formal
complaints.
Rape is criminalised under the Criminal Code but perpetrators are rarely
prosecuted and convicted. As of september 2008, the DOVVSU noted few reports of
rape, 110 arrests, and only 7 convictions.
Ghana was the first African country to criminalise female genital mutilation
(FGM) under the Criminal Code Amendment Act of 1994, yet the practice
continues. Its prevalence depends on the ethnic group and region and is
difficult to evaluate since data is not available for all groups. In the Bawku
area (upper east region), for example, it is estimated that 85% of girls
undergo FGM. In Accra and Nsawam (south), FGM reportedly affects girls who have
migrated from the north of Ghana and from neighbouring countries.
A new law has recently been adopted to amend Section 796A of the Criminal
Code. The law redefines FGM and punishes those who aid and abet in the practice
of FGM. Slavery and involuntary servitude are criminalised under article 26 of
the Constitution of Ghana. In 1998, parliament enacted an amendment prohibiting
“ritual or customary servitude,” and the Human Trafficking Act was adopted in
2005. Yet, the practice of ritual slavery (trokosi) continues in the Volta
region. According to this practice, when a relative commits a crime, the family
must offer the local shrine a virgin daughter from 8-15 years of age to become
a “slave of the gods.” The priest of the shrine exerts full ownership rights
and is permitted to beat the girl, demand sex and labour from her, and deny her
food, education, and basic health rights. To date, the government has not
enforced any legal measures with regard to involuntary servitude. In some of
the poorest parts of the country (mainly the Northern, Upper East, Upper West),
belief in witchcraft remains widespread. Many poor, often elderly women are
accused of being witches and are confined in “witch camps”.
Obstacles to access to employment and under-representation in
political and public life
Although existing legislation provides for equal rights to employment, women
continue to suffer discrimination, in large part due to a lack of monitoring
and enforcement mechanisms. In 2007, it was estimated that 86% of working women
were employed in the informal sector. Only 4% of working women were employed in
the formal public sector and only 6% in the formal private sector. Women in
urban areas who manage to obtain the necessary skills and training encounter
resistance in entering non-traditional fields.
Although the government developed a white paper on Affirmative Action in
1998, aimed at increasing women’s representation in public life, no such policy
has been adopted and women continue to be significantly under-represented in
decision making positions.
Although there is a female speaker of parliament, female attorney general,
and female chief justice, Ghana’s parliament only has 19 women of a total of
230 members.
Obstacles to access to health
The adoption of the Reproductive Health Policy and Strategic Plan for
Abortion Care has resulted in many improvements to women’s access to health
services (more clinics established in districts across the country, traditional
birth attendants provided with skills training, free pre-natal care for women).
However certain significant challenges remain: application of customary
practices, difficult access to hospitals etc. Ghana has a high mortality rate
(560 per 100,000 births in 2005), resulting from unsafe abortions, low rates of
contraceptive usage and lack of sex education.
THE COALITION OF THE CAMPAIGN CALLS ON THE AUTHORITIES OF GHANA
TO:
- Reform or repeal all discriminatory statutory laws in conformity with CEDAW
and the Maputo Protocol.
- Strengthen other measures to protect women from violence and support
victims, including by removing obstacles to victims’ access to justice;
ensuring effective prosecution and punishment of offenders; implementing
training for all law enforcement personnel, and increasing financial resources
allocated to domestic violence programs and services.
- Improve access, quality, and efficiency of public health care, strengthen
efforts to reduce the incidence of maternal and infant mortality, to increase
knowledge of and access to affordable contraceptive methods, improve sex
education and establish family planning services.
- Adopt all necessary measures to reform or eliminate cultural practices and
stereotypes that discriminate against women, including through
awareness-raising programmes targeting women and men, traditional and community
leaders.
- Ratify the optional protocol to CEDAW.
- Implement all recommendations issued by the CEDAW committee in
2006.
PRINCIPAL SOURCES
- Focal Point: WILDAF-Ghana
- CEDAW Committee recommendations, August 2006
- Ghana WilDAF Shadow Report to the CEDAW Committee, 2006.
- Wikigender, www.wikigender.org
THE CAMPAIGN FOCAL POINT IN GHANA
- WILDAF-Ghana
WILDAF-Ghana is a member of the pan African network
WILDAF.www.wildaf.org
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Comments
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Though barriers may sometimes stand in the way of your dreams, remember that your destiny is hiding behind them. Accept the fact that not everyone is going to approve of the choices you've made. Have faith in your judgment. Catch the star that twinkles in your heart and it will lead you to your destiny's path. Follow that pathway and uncover the sweet sunrises that await you.
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