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Is It Time for a Progress Report on Violence against Women in Ghana?

Rosema~ King

Ghana, like many African countries, continues to grapple with domestic violence issues. Ghana's 1992 Constitution mandates provisions that should eradicate the scourge of violence against women and children. In this paper, two main questions are asked. First, will the 1992 Constitution ultimately lead to victories over discrimination and violence against Ghanaian women? Second, has progress been made in eradicating violence against women in Ghana to date? In that regard, have governmental and non-governmental organizations supported Ghanaian women to arrive at relative stability, empowerment and freedom from violence? Progress thus far is encouraging. Presently, there are several holistic or organic approaches being used to combat domestic violence in Ghana. However, an epidemiological exami- nation of custom and a psychosocial approach towards domestic violence may facilitate permanent meaningful solutions.

Introduction

In earlier work, 1 I began exploratory research identifying violence against women in Ghana. Since those preliminary discussions, there have been some initiatives by the government of Ghana, through the mandate of the Constitu- tion and the activity of some non-governmental organizations, to address the incidence of violence against women 2. This paper is primarily a "progress" report of the work that has been done by the government and non-governmental agencies in Ghana, in exposing, discussing and attempting to provide redress for acts of violence against its women.

The Republic of Ghana, an English-speaking country in West Africa, has had one of the more stable democracies in Africa since 1992. 3 It has also followed the 1992 Constitution since that time. 4 For this constitution, a consul- tative committee reviewed contemporary constitutions over the world 5 and came up with equality provisions that, among other things, renounce all forms of violence against women and children, including violent traditional practices and rituals. 6 I have addressed the perceptions that Ghanaian women have regarding the Constitution elsewhere, and generated some field research to that effect. 7

I proceed on the premise that there is a correlation between the success of equality provisions within the Ghanaian Constitution and the success of vio-

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lence eradication initiatives for Ghanaian women. Without a doubt, the mandate of the 1992 Constitution, inter alia, demanded a careful look at the ways in which equality discourse was interpreted and implemented. There is also no doubt that since 1992, there have been ini t iat ives that have been set up to eradicate v io lence against women in Ghana. 1 shall be looking at what con- crete decisions and actions have been taken since the Fourth Democrat ic Re- public of Ghana came into exis tence--especial ly since Ghana has been declared

a success story of economic development in the African r eg ion )

The p rob lem of v io lence against wom en in Ghana is a real one, and in

de termining how Ghanaians could have been social ized into accept ing wife beating as part of the day-to-day activities of life, I have found folklore 9 to be

a real source of direction. Many l ife-lessons have been garnered f rom these

pithy accounts, l~ Here is such an account. I call it "Ananse 's Sunglasses":

Ananse went to transact business in town about three days' journey from his village. At that time, he was a wealthy cocoa owner and the crop had been gathered and the beans were being dried. It meant a huge sum of money if he saved all the beans. He left Yaa in charge of the beans to guard them with her life and to make sure the beans did not come into contact with water spilt, since moisture would destroy the fermentation process.

Ananse's business went well in town so he bought himself a pair of sunglasses. The darkly tinted lenses made the world look stormy and mysterious. He went back home donning the glasses as he approached the homestead. As he got near the drying cocoa beans, he realised that it was about to rain and he yelled for Yaa to take the beans in. She did so quickly yet he mercilessly beat her up. She picked herself off the ground as she had done many times before and waited to know the nature of her offence.

How could you leave the beans out when it is going to rain?

My husband, it is not going to rain.

It is! It is! Are you arguing with me? I'll teach you.

At that point, his dark glasses slipped off his nose and he saw the sun was suddenly as bright as always.

The Ananse story is one that I have used in many presentations. It is a story that cer ta in ly has some humor, since it shows Ananse up for the bumbl ing

inept fool that he is. However the darker and more sinister implications are that such a story socializes people into thinking that it is quite acceptable to beat a wife, if she is acting improperly. Thus, f rom the contextual analysis of this

particular story, it could be implied that, had Yaa indeed been lazy in not sav- ing the cocoa beans, and had there been a rainstorm, Ananse would have been "justified" in his actions. In this story, the focus is on Ananse's sunglasses, but

does nothing to send a message that in any situation it would have been en-

tirely unjustifiable to beat up his wife. This is the lesson taught to children at this impress ionably young age. The tale implies that there should be some

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admiration for Ananse's control over Yaa and that Yaa's feelings need not come up in issue at all. There were always songs and refrains encouraging this mastery of wives. It is a story that prima facie teaches the subservience of wives even in the height of a husband's blunders.

In commenting on Ghana's activity regarding violence against women in this paper, I shall work from the following two questions:

a. Will the equality provisions within the 1992 Constitution lead to victories over discrimination and violence against Ghanaian women?

b. Has progress been made in eradicating violence against women in Ghana? In that regard, have governmental and non-governmental organizations supported Ghana- ian women to arrive at relative stability, empowerment and freedom from violence?

The First Question: Will the Equality Provisions within the 1992 Constitution Lead to

Victories over Discrimination and Violence against Ghanaian Women?

It has to be conceded that the drafters of the 1992 Constitution spent many hours debating what needed to go into the equality provisions so they would be meaningful to Ghanaians. 11 Commentators on the constitution also pon- dered whether these provisions would provide the right redress for Ghanaian women. ~2 It is instructive to look at some of the dynamics that went into the drafting, and then decide whether these provisions are going to be helpful in the long run, to the elimination of violence against women in Ghana.

"All persons shall be equal before the law. ''13 This guarantee leaves no doubt that there is a formally entrenched statement of equality within the 1992 Con- stitution of Ghana. This suggests that equality in Ghana has been achieved in the formal sense. However, there are still questions to be answered. Indeed, drafters of the Ghanaian constitution and women's groups in Ghana, while emphasizing the constitutional commitment to equality between the sexes in Ghana, concede that there is a discrepancy between the written word of the constitution and substantive practices, j4 The fact that observations to that effect are being made may be an indication of the task ahead of the people of Ghana generally, and the women of Ghana in particular, if equality before the law (by the law, from the law, and through the law) is to be realized in word and in substance.

Equality provisions in the 1992 constitution are a far cry from anything that has ever been seen in Ghanaian constitutional history. ~5 Of course, even ac- commodation such as this is much further along the line than what had previously been in place in Ghana and this added attention for women is a hard-earned victory (however hollow a victory it may be). There is a sense in which special protection (or care) of women and children means certain legitimacy in the "paper-promise" where previously there was nothing. A paper promise is important to those who had nothing at all, as Patricia Williams once pointed out. t6


From the progress reports on violence against women and children in Ghana, it is true that since 1992, there has been a flurry of activity to name violence, and to set into motion some reaction against the hazardous traditional practices that women and children have faced, iv All this is clearly in keeping with the mandate of the new equality provisions. Yet, even from the reports that have been presented, there is only a sense of a superficial job done. So, for example, while there is presently a special action unit in the police service for women and children, there is a smudging of the actual enforcement by that unit. TM In every aspect of the "progress report" on violence in Ghana, there is a sense that there is a giving of the left hand and a taking away by the right hand. 19

Carol Smart 2~ has questioned the efficacy of projects that institute formalis- tic rights, and take away from the substance. If such an enterprise merely changes the form of law, but leaves the basis of such form untouched, it does not achieve any meaningful legal or social change. No doubt there is need for substantive legal change, bearing in mind the persuasive arguments of Tove Stang Dahl, 21 but addressing the need for meaningful social change through law must not merely render the law as "oxymoron". 22 The hard question for Ghana would be: is a redefinition of law necessarily the means to achieving women's strength and thus substantive equality for Ghanaian women?

Overall, there is a discrepancy between the constitutional proposals of 1991 and the actual Constitution of 1992 in ways that would suggest that there was a lot of editing down, and a blunting of the teeth of substantive equality. 23 The criticisms of the 1991 proposals are fascinating and endless and show that a careful rethinking of the issues it addresses still needs to be done. 24

Unfortunately, the proposals of 1991 were rendered quite differently in the final 1992 Constitution in a way that is disquieting and actually sets any victory there may have been for Ghanaian women backwards. The disturbing fact that there has been substantial editing of the proposals so that some provisions are kept and others (especially the critical ones that could have instituted some radical change) thrown out suggests the fact that while women must be "allowed" some equality, the very system is not prepared yet to make a total commitment. There is therefore a pessimistic feeling at the end of analyzing the 1991 proposals and comparing them to the 1992 Constitution. If even formal provisions can be stifled, how much more stifled are norms and practices that are for the most part, not codified? 2~

It is not the changing of a term, or the careful use of gender-neutral terminology, or the championing of women's causes that will ensure equality. It is especially necessary for the people of Ghana to realize this. There are many traditional beliefs that underpin the male dominance and superiority which have so entrenched themselves in the fabric of the tradition, so that mere wording, when this is available (thus portraying an effort to play the game) cannot possibly eradicate prejudices. It cuts far deeper than this. There is the need to

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recognize and accept that there are flaws in the Ghanaian culture that discriminate both consciously and unconsciously and that it will take more than the letter of the law to change this.

With such a bleak picture painted of the relevance of equality discourse to Ghanaians and in particular to Ghanaian women, is there still any need to promote its dialogue? There is every need.

First, there is the need to recognize and apply statements of formal equality: which of necessity, are enshrined in most constitutions.

Second, there is the need to understand the dynamics underlying the wording in formal equality provisions. For these provisions will remain the blue- print by which legal debates on equality will pivot in the courtrooms. There will always be those who will demand and operate by the rule of the written law. Again, a document of formal equality must remain within the Constitution of the country, to conform with basic United Nations Fundamental Human Rights provisions if that country is party to these conventions. Moreover, there is the need to have these provisions in place in the eventuality that the linguis- tic content will be adapted to recognize and accommodate the nuances of "She" from "He."

Where, as is obvious in the Ghanaian situation, the semantics of formal equality may not be immediately seen as serving any useful purpose, substantive equality opportunities may have to be developed, making a departure from the formal guarantees. Since this approach will involve vast mobilization techniques and participation by people from all over Ghana--regardless of educational status and professional background-- i t will demand a commitment quite distinct from mere lip service being paid to equality as is found within Ghana's successive constitutions. It will highlight the strengths of women within the culture, not making sweeping changes initially, but ultimately achiew ing for women inherent pride in womanhood.

After more than ten years, the people of Ghana must be commended for their commitment to have a workable and consistent constitution. Slow but sure, the equality provisions within the constitution are being implemented through government initiatives and legislation, as well as through the work of activists and non-governmental organizations. To a large extent, the framework for ensuring victory over domestic violence has been put into place. However, these provisions will only be as good as the attention and validity that is given to them substantively.

The foregoing analysis leads to the fact that while for all intents and purposes Ghana boasts of formal equality provisions and a vehicle for fighting the abuse of its women, it may not be enough ammunition to eradicate the violence. The constitutional provisions will serve as a quasi-reactive stop- gap - -bu t it is doubtful that constructed as they are, they have the sole power to overcome tradit ional norms and practices of violence against women .


The Second Question: Has Progress Been Made in Eradicating Violence against Women? In

That Regard, Have Governmental and Non-Governmental Organizations Supported Ghanaian Women to Arrive at Relative Stability,

Empowerment and Freedom From Violence?

It would be unfair to continue this discussion without a closer look at what has been accomplished in Ghana by way of exposing and arresting violence against women. Indeed, there is a long checklist of activities since 1992 that depict the work that has been done to protect Ghanaian women. We shall look at this checklist, and then attempt a formulation that will address the need to make permanent moves that will lead to the eradication of violence against women.

Has progress been made in eradicating violence against women? One answer could be: "While progress has been made in exposing and identifying violence against women as a blight on Ghanaian society, eradicating said violence is a long way away yet."

Progress Through Support of Governmental and Non-Governmental Organizations

I have traced the path from the preliminary work that I did in the early 1990s to the present time. I recount how discourse on violence against women in that era was non-existent. My conviction was that the major barrier to discussing such violence lay in the fact that domestic violence had not been named as a problem. It was only by defining it as a "not-problem" that the problem was defined. The only way I could develop my thesis that domestic violence even existed in Ghana was by looking at folklore, 26 traditional practices, pe- ripheral case law and very rudimentary interviews with battered women. At the end of that work, I advocated that women's groups, the government, the police and the criminal justice system must come together to foster awareness of domestic violence in Ghana.

In my recommendations, 27 I was clear that community education was im- p e r a t i v e - b o t h for Ghanaian women and for Ghanaian men- - to understand the pervasiveness of the problem. Unless the strands of tradition that encouraged violence were taken out of the fabric, there was no possibility that violence would be eradicated. In the ten years that have ensued, I have been vastly excited by the strides that have been taken. No doubt, the opening up of Ghana's democracy, through the stability of a civilian government and an ac- tive constitution, have in part, enabled these strides to go forward. In the past three years especially, a government commit ted to placing women ' s and children's issues at the forefront has enabled domestic violence to be spoken about and discussed in ways not at all possible when I wrote my original pa-

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per. 28 There has been a vigorous exposure of the female slavery system (Trokosi), the persecution of women believed to be female witches, incidents of female genital mutilation, as well as domestic violence simplicita. 29 There is now a wealth of documentation on the different NGOs, and government ser- vices, as well as reports on what has been on going regarding legislation, to support the fact that some major inroads have been made. 3~ There has most certainly been a lot of activity in the last ten years with regards to bringing violence against Ghanaian women out into the open? 1

Therein lies the question: Why is it that despite this vigorous exposure, despite the reporting and flurry of activity, does there still seem to be something missing? While it is pleasing (especially to a researcher looking back at the frighteningly ominous silence of ten years ago) that there is activity and noise now; that people are taking to the streets in protest, 32 and that there is legislation 33 there still seems to be something lacking to the effort of eradication. There seems still to be a need for something more groundbreaking .... something that will get at the heart of eradicating the violence.

The Heart of the Matter

In my research of first instance, there were no studies at all on the topic. I had resorted to very original methodology to address the issue of domestic violence in Ghana. I had encountered severe roadblocks to my work, such as the hostility of both men and women when approaching this taboo topic. There was no legislation I could use in analyzing the problem. Statutes like the Criminal Code that should have denounced violence in the domestic setting seemed to give legitimacy to the phenomenon) 4 I very quickly realized at the time 35 that I was going against the grain of tradition. I realized that I was dealing with a problem that was a "not-problem." In many presentations, I have described this phenomenon as interfering with tradition, and therefore I have advocated a need to "alter the strands of the fabric. ''36

Resistance to changing tradition is at the heart of this matter. In my discussions and in my interviews in my earlier work, I encountered incredible resistance. Resistance from the people I hoped would facilitate the interviews, and resistance from the actual respondents. It is submitted that at the heart of such resistance lies fear, and fear is at the heart of the matter. This fear to go against the grain of tradition is the heart of the matter.

There was a fear among my peers and fellow academics, that this would expose Afi'ican tradition as backward, and that this would validate some West- ern perceptions of Africa. I cannot fault that logic: as a longtime resident in North America, I know how true it is; Africa is perceived as primitive. I re- member the agony of speaking with fellow graduate students and wondering if I was selling out. In the end, I decided that while it was uncomfortable exposing some of the darker aspects of the rich culture and tradition of the


Ghanaian people, there was nothing to be served by preserving elements of any culture that encouraged and justified violence. I was also fortunate to have a couple of colleagues in Ghana who believed in the project, and who worked with the Federation of African Lawyers (FIDA) and who secured fifty women to be participants in my study of Ghanaian women for domestic violence. 37

There was also a lot of fear on the part of the women who responded to the questionnaire. They were terrified to be going to the FIDA clinic anyway, and were seriously concerned that they would be considered as pariahs of their community. It was clear from the responses, that the fear of what was happening to them in the realm of wife abuse was more than the thought of being pariahs. Their responses to questions on domestic violence were mostly am- bivalent, and certainly laced with fear.

In the end, I gleaned enough information to make the case against domestic violence in Ghana. I made recommendations and am pleased to see that many of these have come to be followed, especially since the 1992 Constitution came into force. It is because of this opened up climate that we are able to find the sources and information and initiatives that we now have. However, in spite of this move forward, and this clear trend of progress, I have never for- gotten the paralyzing fear that seemed to grip people I spoke with in 1990. I have never underestimated that fear of upsetting tradition that gripped most people I talked to. It was such a prevalent undercurrent in the enterprise of exposing violence against women, and for a permanent eradication of the problem, fear and resistance will have to be uprooted. 38

Eradicating Violence against Women

There has not been much progress yet in Ghana regarding the eradication of violence against its women. There is clearly an endemic problem as far as violence against women is concerned. It is simply not enough now, to identify the problem, and then to "solve" it by conventional means. The very organic nature of said violence, and the manner in which it seems to be a part of the fabric of tradition, leaves me to conclude that even more sophisticated measures must be taken.

Raymond Archer (writing for WE news in April of 2002) reports as follows:

Violence against women in Ghana is on the rise, despite efforts by the country's presi- dent to reduce crimes against them. Recent spousal murders have Ghanaian women openly protesting and demanding more government action to end the violence. 39

A grim description of the state of events on violence against women in Ghana is also portrayed as follows:

"The abuse of women in Ghana is alarming," said Esther Appiah, the commanding officer for the Women and Juvenile Unit of the police force? ~ "There is too much superiority complex among their male counterparts. They think women cannot think on their own; they think women are part of their property. Some Ghanaian men even think

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women don't have sense and so they should decide what a woman should do." Appiah said that while more women are reporting domestic violence, many of them continue to take the abuse, intimidated by the stigma and embarrassment heaped on victims and the long delay between reporting and the resolution of a case in the courts. Many people, moreover, don't even know her agency exists, Appiah said. ''41

While it is noteworthy that violence is talked about and even to some extent analyzed, it is simply not enough to merely expose it. Paying lip service to formal equali ty provisions, and therefore to "convent iona l" methods of exposing violence against women will not remove the problem. It is almost as though there are two levels: exposing the act prima facie, and then exposing the act with the real intent of eradicating it. Assuming a woman even over- comes her fear of being an outcast, or of being declared incorrigible by her family by speaking out, it is hard to know whether there are actually some tangible permanent proactive or reactive measures for her situation.

Angela Dwamena-Aboagye , Executive Director of The Ark Foundat ion 42 has said:

Women don't even know what options are available to them when they are abused. There is so much societal pressure on these victims that they refuse to bring the perpetra- tors to the sanction table. Most Ghanaian women prefer not for their husbands and family members to be jailed.. ,and the power of tradition also prevents local officials from enforcing reforms. 43

C o m m e n t a t o r s on v io lence against Ghana ian w o m e n are baf f led at the thought of the "power of tradit ion ''44 and the fact that it holds most of the population in its thrall. It is puzzling to think first, of the on-going implemen- tations and then, of the sub-text of futility and fear.

In 1998, the Ghanaian legislature amended the Criminal Code to reflect new definitions of sexual offenses to existing laws and increased punishments for others. 45 Legislators banned the practice of Trokosi, in which young girls are forced into slavery to atone for offenses committed by family members. 46 They also protected women accused of witchcraft , 47 doubled the mandatory sentence for rape, criminalized indecent assault and forced marriages and increased punishments for incest and child prostitution. But such official con- demnation hasn ' t el iminated these practices. 48

A description of Ghanaian statistics does not mince words either. 49 Kathy Cusack has acknowledged the sheer diff icul ty of naming the parameters of violence in her work. 5~ This work involved studies with Ghanaian women regarding the nature and depth of violence in Ghana. 5L

Yet, in the last few years, Ghanaians have indeed begun to report incidents of violence against women and children. 52 For the most part, the number of incidents seems to be on the rise 53 but the question is, are these incidents actually on the rise, or is there more awareness and the opportunity to report? It is entirely possible that the answer lies somewhere in between the two. The num-


bers are troubling enough however, not to sit back and stop at mere specula-

tion, but ac t ive ly come up with solutions to ensure cont inued report ing, and

measures to end such violence.

It is clear that women ' s fear of tradition and being caught in the stranglehold

of cus tom still prevails. As the workers of the special action units of the police

force in Ghana indicate, report ing violence is still not a priority. 54

The Nexus

There have been posi t ive deve lopment s in expos ing violence against Gha-

naian women. However, such abuse may take permanent root in the fertile soil

o f emp ty fo rmal equal i ty const i tut ional provis ions v is-a-vis some tradit ional

practices that encourage that abuse. This is the nexus:

�9 Ghana has a set of formal equality provisions entrenched in its 1992 Constitution. These, primafacie, recognize the need for women and children to be protected and granted the same equality and human rights as men in Ghanaian society. These provisions have some problematic wording though its tenor and spirit provide the formal platform vital to the elimination of violence and abuse.

�9 The presence of these formal equality provisions has enabled a flurry of positive activity. There has been intense media attention on the Trokosi System and the maltreatment of women suspected of witchcraft; education of communities; legal clinics to support women; amended Criminal Code Legislation to reflect the seri- ousness of violence against women; and the striking of special police forces to control violence. This is exciting.

�9 There is no doubt that in ten years, Ghana has come a very long way indeed, in beginning to expose violence against women for the heinous behavior that it is.

�9 The problem with formal equality provisions is that their presence alone may very quickly lead to complacency. A community as a whole could easily feel that its job was complete: simply because of the existence of liberal parlance and some reporting of violence, and possibly, some prosecutions and punishments.

�9 The paradox of the information coming out of Ghana with regards to violence against its women illustrates this concern. On the one hand, there is an information blitz. On the other hand, that information seems invariably to underscore the need for more to be done.

�9 While the nexus of exposing violence and reporting has obviously been identified, the complete eradication of violence against women remains elusive. There is reporting of violence and yet it is clear that the job is far from done. Clearly, while the reports seem relatively a step in the right direction, the numbers simply cannot be an accurate reflection of the true state of violence against women. For example, the special action unit of the Ghanaian Police documents statistics only on the Greater Accra and Ashanti regions. And yet the predominantly known areas of activity for Trokosi, female genital mutilation and the abuse of alleged witches are in the North- ern and Volta regions. 55

�9 It remains a very important question as to how seriously people comprehend and accept Ghanaiau constitutional provisions on equality, and the rule of law ~6 and how prepared they are to obey and be bound by them. Of course, this is under the

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assumption that cases of violence will be reported. The provisions and legislation can only be put to work if the criminal activity is reported at all. Beyond that, however, it is clear that new horizons must be explored in order to work on the serious eradication of violence against women in Ghana.

New Horizons

Any discussion on violence against women would not be complete without a set of recommendations and conclusions. The most comprehensive of those studies for Ghana is at present, Kathy Cusack's work of 1999. She arrives at a thoughtful set of conclusions in "Breaking the Silence & Challenging The Myths of Violence Against Women and Children in Ghana: Report of a Na- tional Study on Violence" developed from her work on the Nykinkyim project? 7 Her analysis of power as the root of the problem of violence against women is exacting and certainly worthy of study. There is every need to examine and work on the different paradigms of power that she discusses? 8

Cusack also provides a range of interventions to help break the cycle of violence? 9 She rightly points out that there is a "tension between the long and short term needs of women and children experiencing violence. ''6~ The interventions for breaking the cycle of violence include initiating programs that do not leave the responsibility of fostering awareness on women and children alone, but on society as a whole. Cusack develops interventions that include the vital education of people in the community through mass awareness; counseling, safe refuge, conflict resolution, training and sensitization programs for state agency personnel; socio-economic programs to create employment opportunities for women; three pronged advocacy work which would target legislation to make it work; and proactive drafting of new legislation and a review of all legislation and traditional practices toward identifying and repealing those that discriminate and harm w o m e n ) 1 Cusack also strongly advocates intra- agency support, and a strong ownership of the projects that facilitate these interventions.

Cusack observes that "[u]ltimately there is no magic formula for breaking the cycle of violence. ''~'2 This is true. Undoubtedly, ideas coming out of the mouths of the women who were the focus of her study that must be given a chance to w o r k . 63 The recommendations that Cusack makes are most worthy of implementation. To attempt to add to them, without giving them a chance to work, is unhelpful. With the interest that donor agencies have in Ghana at the present time, I am hopeful that violence against women will continue to be exposed, sanctions meted out to its perpetuators and relief given to its victims.

I must stress that an organic or holistic approach must be taken for any successful eradication of the problem of violence against Ghanaian women. This is vital. For example, much of the discussion about the 1992 Constitution and the present Criminal legislation in this paper makes it increasingly clear


that any attempt to eradicate violence solely through an advocacy approach will remain problematic. The criminal justice system is fraught with difficult ies, and a crime and punishment approach as a pr imary solut ion to violence against women is unacceptable. There may be jurisdictions where the crime and punishment approach may be the pr imary solution, 64 but everything in the foregoing discussion points to the fact that this cannot be so for Ghana. Equally, an approach that only seeks to provide social redress or economic largesse for victims will not work. On-going education, legisla- tive force, counseling and support in tandem are new horizons that must be supported as such.

I will conclude this paper by making two propositions. 65 The first one is for a call for Ghanaians to name violence against women as a serious health hazard. This proposal envisages the violence perpetuated against women as an undermining of the community at large (much in the same way that an epidemic undermines the physiological integrity of a community). The second proposa l is for a call for all Ghana ian c o m m u n i t i e s to work th rough the " s t age me thod ''66 of chang ing an t i - soc ia l behavior . This p roposa l names v io l ence aga ins t w o m e n as an t i - soc ia l b e h a v i o r and possibly, as an addictive personal i ty trait that must be combated by the community as a whole.

Violence against Women as a Health Hazard

In October 2002, the World Health Organization produced a document that declared violence to be "one of the leading public health issues of our time". 6v Thus, violence against women is not merely a law and order concern: it is a preventive public health issue. Previously in 1996, United Nations had declared violence against women as a hazard 68 and presently, the World Health Organization has mounted a campaign to address the problem, armed with recommendations and data to back it. 69 This campaign is of top priority for the World Health Organization, and it is seeking to be in partnership with CEDAW signatories, v~ If violence against women is seen as a "mainstream health issue for the medical profession, rather than a politically marginalized human rights issue, ''vl the lenses under which it has traditionally been viewed may change the paradigm. There is a major human rights issue as far as violence against women is concerned, 72 but the backing of the World Health Organization may give it more teeth.

I am proposing that if the Government of Ghana, as well as non-governmental agencies and health watch agencies in Ghana take this initiative by the World Health Organization seriously since indeed, the health of its women has serious overall implications for a community. 73

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Violence against Women as Anti-Social Behavior and/or Addictive Personality Traits TM

For this proposal, I am linking several strands. Violence against women, under all circumstances, is anti-social behavior. Such anti-social behavior can become normative, and at times, addictive. This cycle of behavior can be bro- ken through conscious and learned change. 75

The first strand: Anti-social behaviors are behaviors that are contrary in relating to human society and its modes of organization. If a traditional norm explicitly states or implicitly encourages violence, it is anti-social. No matter how ancient a tradition is, no matter how honorable a people's customs are, if that practice brings pain, humiliation and fear to any member of the community, it is anti-social.

The second strand: In communities where the traditions have existed for centuries, no one wants to upset the fabric of tradition. Not even those whom it hurts. People work around the practice, and even those who do not actively participate in the activity, will turn away, thereby condoning it. The apathy or lack of activity stems from the fear I described earlier, and some of it stems from acceptance and resignation. Often, that fear leads to resistance to change. The anti-social behavior is thus rooted, leaving the people without any real sense of wanting it gone. It becomes indeed, a way of life.

The third strand: Certain anti-social behaviors are environmental, and learned through socialization. Sadly, such behaviors can be traditions that are passed on from family to family, and soon not even questioned. Elsewhere, I have used traditional folklore to describe how this could happen. 76 There have been several observations in this paper as to the pervasive effect of tradition. Vio- lence against women falls into that category, and in many places, it is accepted as the norm, and then, as it is practiced, it can become behavioral and/or addictive as well.

The final strand: it is possible though, that anti-social behavior that has become normative, and even, addictive can be changed. 7v Dr. James Prochaska TM

has extensively studied the need for changing behavior patterns and is em- phatic about a stage program for changing certain addictive behaviors. His work has been used to manage individual addictions, and more recently, in a more communal context. He has stated that:

A scientific revolution is occurring in the field of behavior change. This revolution involves a shift from an action paradigm to a stage paradigm in which changing troubled behavior involves progressing through six stages of change: pre-contemplation, contemplation, preparation, action, maintenance and termination. 79

In my contemplations on how to remove the anti-social behaviors of violence against women from the fabric of Ghanaian tradition, I have come to the conclusion that "educating" society on these negatives is not enough. Merely


telling people to change patterns of behavior does not work. 8~ Actually focus- ing on the behavior and changing it step by step is a more proactive way. 81 This will involve a lot of work, and the skills of psychologists as well as community health and mental health workers. However, I believe that the international and human rights arenas are ready for this new horizon and will be worth the resources invested.

Weaving Together the Strands

At the end of the day, I am happy to report positive progress on the work towards exposing violence against women in Ghana. There is much to be encouraged about, though there continues to be a lot of work to be done. There is need to pursue the organic or holistic approach towards a permanent eradication of the phenomenon. I submit that examining the eradication of violence against women from an epidemiological standpoint, as well as a psychosocial standpoint, inhabits new horizons that will work well with the other approaches that are already in place. Ghanaian activists can report positive progress of exposing violence against Ghanaian women. The next horizon (of eradication) looms ahead.

Epilogue 82

Following the presentation of a draft of this paper at Northwestern Univer- sity in May 2003, I sent it to focus groups in Ghana who gave me the following feedback.

�9 Timely Jbllow-up paper �9 Analysis of use of equality and non-discrimination provisions to combat violence

against women continues to be relevant �9 10 WAJUs now opened, plans on course open more and even create WAJU desks at

local Police stations �9 There are more developments on responding to violence that combine advocacy

activities with service provision~delivery to survivors: �9 pt Shelter for abused women and children set up by The Ark Foundation open in

June 2000. Crises Center also available by same organization �9 Women's Initiative for Se~'Empowerment (WISE) and NGO sets up the 1 ~t integrated

Counseling Center specifically for survivors of sexual assault and domestic violence

�9 The two above-named organizations set up the Gender Violence Survivors" Support Network to provide a more holistic form of support for survivors

�9 Nyimkyim project (Cusack's team) has set up rural teams called COMBAT �9 African Women Lawyers Association, ARK, FIDA, Gender Center, etc running inter-

agency forums on domestic violence - ongoing, also sensitization training for law enforcement agencies ongoing WAJU has chalked quite significant successes for women, but needs more resources and capacity still and better NGO monitoring...

�9 On making VAW a public health issue, very, very good. Now doctors and health

King 89

professionals are receiving training from various bodies, this needs better coordi- nation though, and development o f practice guidelines for service providers

�9 Now Domestic Violence Bill pending - having been drafted by two women focused NGOs, FIDA Ghana and Leadership and Advocacy for Women in Africa ( LA WA ) and submitted to the Attorney General who has accepted it and prepared a government draft. Now at consultation stage, with involvement o f women CSOs

�9 Indeed, many things have happened and are happening, but more needs" to be done of course

Notes

1. See m~st recent~y~ D~mes~c ~ e n c e in Ghana: An ~intia~ Step ~ in G~ba~ Criti~.a~ Race Feminism: A Reader. Adrienne Wing (ed.) New York, New York University Press, (2000).

2. Research in domestic violence ranges from assault, psychological trauma, and economic onslaught to tribal and customary rites and mutilation. For this paper, I collapse ',ill these lhcets inasmuch as they affect Ghanaian women.

3. http://www.womensenews.org/article.c fm/dyn/aid/886/context/archive 4. Constitution of the Republic of Ghana (1992). 5. S.K.B Asante et al. Proposals for a Draft Constitution of Ghana (Accra: Ghana Publishing Corporation,

1991). 6. See Chapter Five of the Constitution of the Republic of Ghana: Fundamental Human Rights. 7. Unpublished D.Jur. Thesis: 1994, Osgcxxle Hall Law School: "Ghanaian Women: Equality & Empower-

ment". "Tradition or Tribulation: Thoughts on Women's Oppression and Wife Abuse in Ghana" in A C~oss-

Cultural Evploration ~fW@Ab~s'e. Aysan Sever (editor) (Lewiston, New York: Edwin Mellen Press, 1997) 8. ltisnotentirelyce~tainhowGhanaisviewed. On the one hand, itismorepeacefulthanmanyofitsneighbors,

and it has sustained a civilian regime (albeit unconventional) since 1992. But then, its economic climate is possibly, unhealthier now than it has ever been, and poverty is rife and rampant, and the divide between the wealthy and the p~x)r is incredible. See basic statistics and information on Ghana and Ghanaian women http:/ /www.afrol.com/Categories/Women/profile~ghana_women.html

9. Folklore is disseminated through folk tales in Ghana. These are tales told to the community at large. In addition, these stories are commonly used to instruct and entel~ain children after the day's work: usually, around a campfire before they are sent offto bed. All of these folk tales embrace the rich oral tradition of the African peoples, and span all norms of its customs. Generally, they provide historical or geographic inlormation, and some instructions fi,)r living.

10. Ghanalan children's stories usually few)lye around "Ananse" and the traditional songs about hinl. Ananse is a spider, and his name literally means "Spider-Man." His exploits are improbable and his antics laughable, but he always emerges as the hero of the moment. Despite his deplorable manners and questionable wisdom, he is undisputedly master of his domain. In the background, is Yaa (known also as Aso in some geographical areas). She is Ananse's long-suffering wife. Yaa's species is never determined, though she seems humanoid in most of the tales. They have three or four children, but again, depending on the thrust of the story, they may or may not be important. It is incredible how as children we are conditioned into accepting certain things as matter of course. We have laughed at the amusing incidents that occur in Ananse's colourful existence, yet we have never questioned the role of Yaa in it. She is stoic and uncomplaining. There are stories in which her solutions to their seemingly endless poverty and hunger would have ended if her measures had been adopted. But no, Ananse's grand gestures always take precedence. When things go wrong, Yaa always takes the fall, for Ananse is quick with his fists and never accepts his faults. As impressionable children seated at the feet of Nana (grandmother or wise elder) we learned at the end of the story--every time that it was splendid to be as daring as Ananse, since he always escaped in the nick of time. But more germane to the present context, we learned that wives had to bow in submission to husbands, however clumsy the men were. Ananse was always right. We grew up never questioning the basis of this premise. It conditioned the boys, it conditioned the girls. Yaa was seemingly a colourless woman always in the shadow of Ananse. It conditioned the boys, it conditioned the girls...


11. "Although strictly according to law men and women are of equal status in Ghana, there are many social practices and prejudices, which undermine this equality. Whatever may have been the justi- fication of these practices they have no place in modem Ghana, and should be abolished" see S.K.B Asante et al, Proposals for a Draft Constitution of Ghana (Accra: Ghana Publishing Corporation, 1991). 75-76.

12. "It is clear that the legal and policy framework of Ghana is becoming increasingly conducive to the status of women in the country. Progress is faster in some sectors than in others, and it is in those areas where the advancement of women requires changes in attitude that de facto equality will be most difficult to achieve." See the National Council on Women and Development (NCWD) Addendum to the Report on Ghana's Implementation of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (Hereafter known as The Addendum) submitted to the Committee on the Elimination of Discrimination Against Women. (Accra: Unpub- lished NCWD Report, January 1992) at 13.

13. Article 17 (1) of the Constitution of the Republic of Ghana (1992). This aspiration of equality before the law was also found in section 1 of the Canadian Bill of Rights, and was the subject of intense argument at the time.

14. Ibid. 15. See D.Jur thesis (supra). 16. Patricia Williams (in a slightly different context, admittedly) says:

"Rights" feels so new in the mouths of most black people. It is still deliciously empowering to say. It is a sign for and a gift of selfhood that is still very hard to contemplate reconstructing (deconstruction is too awful to think about !) at this point in history. It is the magic wand of visibility and invisibility, of inclusion and exclusion, of power and no-power. The concept of rights, both positive and negative, is the marker of our citizenship, our participatoriness, and our relation to others.

See Patricia Williams, "Minority Critique of CLS: Alchemical Notes" in (1987) 22 Harvard Civil Rights-Civil Liberties Law Review 401 at 431.

17. H.J.A.N. Mensa-Bonsu, "Family Law Policy and Research Agenda" in Ardayfio-Schandorf (ed.) "The Changing Family in Ghana" (Accra, Ghana: 1996) and also, Dorcas Coker Appiah and Kathy Cusack (eds.) "Breaking the Silence & Challenging The Myths of Violence Against Women and Children in Ghana: Report of a National Study on Violence" (Accra, Ghana: Gender Studies & Human Rights Documentation Centre: 1999).

18. Supra...Kathy Cusack has also drawn attention to the paradox of reporting (supra). 19. A Ghanaian adage that says giving a gift with one hand and taking away with the other hand,

nullifies the exercise entirely. Women and Juvenile Unit/WAJU Ghana Police Service (Specialized Unit within the Ghana Police Service: Established in October 1998 - in response to the increasing number of cases involving abuse and violence against women and children). Working closely with the Department of Social Welfare, FIDA and the Legal Aid Board. Yet, it is only operating at the present in the Greater Accra and Ashanti Regions. Similarly, Act 456 established The Commission on Human Rights and Administrative Justice (CHRAJ) under the 1992 Constitution. It is the National Institution for the Protection of Fundamental Human Rights and Freedoms and Adminis- trative Justice. The commission has published Annual Reports (see 1998) ... but glosses over issues of violence and related concerns for women.

20. See C. Smart, Feminism and the Power of Law, (London: Routledge, 1989.) at 5. 21. T•ve Stang Dah•: W•men•s Law: An •ntr•ducti•n t• Feminist Jurisprudence• trans•ated by R•na•d

Craig. (Oslo: Norwegian University Press, 1987). Also, Akua Kuenyehia, Fostering Rights Awareness Among Women - The Ghanaian Experience, (Arusha-Proceedings of the Third Annual Conference: The African Society of Int. and Comparative Law, 1991 ).

22. Carol Smart, ibid. 23. See Constitutional Proposals and also the 1992 Constitution. See also Doe Tsikata, Judicial

Impartiality, Women and the Divorce Courts: A Comparative Study of Judicial Attitudes to Women in Ghana and the US. (Unpublished LL.M Thesis, Harvard University Law School, 1992).

24. This note describes the personal reaction I have had to some sections of the 1991 Proposals. My critique of these constitutional proposals has been on going since the Fall of 1991. I have watched the constitutional developments of Ghanaian equality provisions for some years. While I have and will continue to criticize these proposals, I find it stunning that vital provisions within these

King 91

proposals were entirely missing in the final 1992 constitutional document. It is frightening and puts an entirely new light on the urgency needed for the elimination of discrimination against women in Ghana. The final 1992 Constitution was passed, following a referendum that adopted the Consti- tution as a whole. Who voted for the entire "disappearance" of the elaborate proposals of women's rights?

25. These thoughts are captured in my D.Jur. Thesis (supra). 26. Supra, this paper. 27. "Domestic Violence in Ghana: An Initial Step" in Global Critical Race Feminism: A Reader.

Adrienne Wing (ed.) New York, New York University Press, 2000), 323 - 327. 28. There are numerous newspaper articles, Internet articles and websites that speak of these issues in

ways I could never have imagined in 1990. 29. I use the term simplicita, not because Domestic Violence is in any way, ever "simple". I use it here,

to capture the nexus of violence (assault) against women: which was the domain of my original research in 1990.

30. Basic statistics and in~brmation on Ghana and Ghanaian women (05-02-2003) http://www.afrol.com/ Categories/Women/profiles/ghana_women.html, FIDA achievements to date: http:// www.fidaghana.org/about/achievements.asp, "Situation Analysis of Children and Women in Ghana", 2000: UNICEF, Government of Ghana. Discussion of Trokosi and Female Genital Mutilation, Domestic Violence as a Health Hazard in Report Indicates Gender-Related Violence is Global (Health and Environment) by Jordan Lite (Wenews co~respondent) http://www.feminist.com/ newsl02.html; Ghana: Report on Female Genital Mutilation (FGM) or Female Genital Cutting (FGC) (Released June 1 2001 ), http://www.state.gov.g/wi/rls/rep/cffgm/l 0100.htm ; Also Women and Juvenile Unit/WAJU Ghana Police Service (Specialized Unit within the Ghana Police Service: Established in October 1998 - in response to the increasing number of cases involving abuse and violence against women and children). Working closely with the Department of Social Welfare, FIDA and the Legal Aid Board. Operating in Accra and Ashanti Regions only. Also, Commission on Human Rights and Administrative Justice (CHRAJ) established under the 1992 Constitution by Act 456. It is the National Institution for the Protection of Fundamental Human Rights and Freedoms and Administrative Justice; CHRAJ Annual Reports 1998.

31. A lot of preparatory work has been done by notable NGOs and academics in Ghana. Kathy Cusack has defined violence in its various lorms and the methodology of interviewing abused women; Marilyn Aniwa has researched the prevalence of domestic violence; Audrey Gadzepko has studied and written on "Women's and Girl's Experiences and Understanding of Violence" as well as examined "Societal Attitudes to Violence Against Women and Children"; Mansa Prah has studied extensively, "Women's and Girl's Responses to Violence, and their outcomes. These are contained in Dorcas Coker Appiah and Kathy Cusack (eds.) "Breaking the Silence & Challenging The Myths of Violence Against Women and Children in Ghana: Report of a National Study on Violence" (Accra, Ghana: Gender Studies & Human Rights Documentation Centre: 1999).

32. http://www.womensenews.org/article.cfm/dyn/aid/886/context/archive Hundreds of Women Take to Streets

33. Slavery in Ghana: The Trokosi Tradition (March 1998) http://www.equalitynow.org/ action_eng 14 l.html

Legislation Enacted to Criminalize the Trokosi Tradition of Enslavement (June 12 1998) in January 1999 update:

http://www.equalitynow.org/action_eng 14_2.html 34. Unpublished LL.M. thesis: 1991, Queen's University Faculty of Law entitled: "Addressing Do-

mestic Violence in Ghana". Also published as: "Altering The Strands of The Fabric: A Preliminary Look At Domestic Violence in Ghana", (1994) 19:4 SIGNS 924.; "Domestic Violence in Ghana: An Initial Step" (1994) 4:1 Columbia Journal of Gentler and the Law, 1;" Domestic Violence in Ghana: A Preliminary Look" In The Public Nature ~?fPrivate Violence. Martha Fineman and Roxanne Mytikuk (eds.) (New York: Routledge, 1994). "Domestic Violence in Ghana: An Initial Step" in Global Critical Race Feminism: A Reader. Adrienne Wing (ed.) New York, New York University Press, 2000).

35. In 1990 and 1991. 36. I have, in earlier work, described the fabric of tradition with the illustration of the weaving of the

Ashanti Kente Cloth, which originated in Ghana. I call for an altering of the pattern, to take out the


heinous aspects of tradition, and weaving in a healthy and whole pattern, that does away with the negative and infuses it with the new.

37. My gratitude always, to Doe Tsikata and Professor Akua Kuenyehia. 38. It would be unfair and simplistic of me to write as though this process would he easy or straightfor-

ward. In subsequent discussion (infra) I applaud the work of Cusack et al. and add a couple of my own suggestions as ideas we could use in attempting to eradicate this fear.

39. http://www.womensenews.org/article.cfm/dyn/aid/886/context/archive 40. Women and Juvenile Unit/WAJU Ghana Police Service (Specialized Unit within the Ghana Police

Service: Established in October 1998 - in response to the increasing number of cases involving abuse and violence against women and children). Working closely with the Department of Social Welfare, FIDA and the Legal Aid Board. Operating in Accra and Ashanti Regions only.

41. Women and Juvenile Unit/WAJU Ghana Police Service - The unit has only seven branches in six of Ghana's 10 regions, and one outpost per region is not enough to address the crimes reported to officials, she said. In Accra alone last year, the agency received as many as 204 cases of defilement, defined as sex with a girl younger than 12 years old, 262 cases of assault, 58 cases of rape and 16 cases of indecent assault, or forcibly touching the buttocks, breasts or other parts of a woman. Appiah said that her agency recently began an outreach project in schools and churches to educate people about how to prevent violence against women. "We are educating them to know that there is the need to report abuses when they occur," she said, adding that legislators should also review the country's laws, which some judges have cited in dismissing domestic violence cases because they say the offense as charged is not criminal according to current law. See http:// www.womensenews.org/article.cfm/dyn/aid/886/context/archive

42. ARK: a non-governmental organization that works for women and children's rights. 43. http://www.womensenews.org/article.cfm/dyn/aid/886/context/archive 44. Kathy Cusack does an excellent analysis when she declares that "power" in all its various forms is

responsible for the continuing and escalating incidence of violence. See Cusack: "Conclusions and Recommendations" in Dorcas Coker Appiah and Kathy Cusack (eds.) "Breaking the Silence & Challenging The Myths of Violence Against Women and Children in Ghana: Report of a National Study on Violence" (Accra, Ghana: Gender Studies & Human Rights Documentation Centre: 1999) (162 - 175).

45. Criminal Code (Amendment) Act 1998 Act 554. 46. Ibid: section 314A. 47. Ibid. 48. Ibid. Indeed, female genital mutilation, the women's ministry says, is still conducted in more than

a third of rural communities in Ghana. Esther Appiah the commanding officer for the Women and Juvenile Unit of the Police Force said that her agency recently began an outreach project in schools and churches to educate people about how to prevent violence against women. "We are educating them to know that there is the need to report abuses when they occur," she said, adding that legislators should also review the country's laws, which some judges have cited in dismissing domestic violence cases because the say the offense as charged is not criminal according to current law ".

49. http://www.afrol.com/Categories/Women/profiles/ghana_women.htm Women in Ghana are sub- jected to severe abuse and violation of their constitutional rights. Each woman averagely gives birth to 3.95 children (2000 estimate). In rural areas women remain subject to burdensome labor condi- tions and traditional male dominance. Rape and domestic violence remains a significant problem in Ghana. Female Genital Mutilation is also a serious problem.

50. Kathy Cusack: "Preface" and "Conclusions and Recommendations" in Dorcas Coker Appiah and Kathy Cusack (eds.) "Breaking the Silence & Challenging The Myths of Violence Against Women and Children in Ghana: Report of a National Study on Violence" (Accra, Ghana: Gender Studies & Human Rights Documentation Centre: 1999).

51. Ibid, and discussed Infra. 52. There are now statistics fi'om the Women and Juvenile Unit of the Ghana Police Force reporting

Rapes, Defilement Indecent Assault and Incest (See Report: October 2002, WAJU). 53. Ibid. To give one example: "Indecent Assault" is defined by the WAJU handbook as 'making

forcible sexual bodily contact e.g. holding or touching breasts, buttocks, private parts etc. of

King 93

someone without his or her consent. In January 1999, there were 7 cases, as compared to 100 in January 2002.

54. lbid: The statistics for all the types of violence listed show the same trends. 55. Women and Juvenile Unit/WAJU Ghana Police Service (Specialized Unit within the Ghana Police

Service: Established in October 1998 - in response to the increasing number of cases involving abuse and violence against women and children). Working closely with the Department of Social Welfare, FIDA and the Legal Aid Board. Activities Report 2002: Areas of operation: Greater Accra and Ashanti Regions only.

56. In defense of Ghanaians and other countries who were formerly under British colonialism, the combination of traditional culture and the received common law has created a real divide and confusion as to how effectively the rule of law can operate. This essay is not the focus of the development of the law in Ghana, even though it will be a real question in any discussion of crime and punishment regarding domestic violence. This is an area that has been explored by many scholars. G. Woodman "Judicial Development of Customary Law: The Case of Marriage Law in Ghana and Nigeria", (1977) 14 University ~?f Ghana Law Journal, 119.

G, Woodman "Common Customs of Ghana: Common Law or Customary Law?" in (1968) 5 University of Ghana Law Journal I.

57. The Nyinkyim project is comprised o f"a collective effort to name. define and challenge a social phenomenon.., it gives voice to women's and girl's experiences" over a ten month period and across all ten geographic regions of the country "to document the details of a phenomenon that represents the very heart of male domination and control in Ghanaian society and the resulting perception of women as inferior beings". See Cusack: "Preface" in Dorcas Coker Appiah and Kathy Cusack (eds.) "Breaking the Silence & Challenging The Myths of Violence Against Women and Children in Ghana: Report of a National Study on Violence" (Accra, Ghana: Gender Studies & Human Rights Documentation Centre: 1999) 7.

58. lbid: See Cusack: "Conclusions and Recommendations. (162 - 175). She discusses power occurring on a personal level; economic control over women as power: reproductive control over women as power, and of course, the broader social control over women and the dynamic power that emanates from it. An intriguing form of power is that of the role that state institutions play in controlling women.

59. Ibid at 173. 60. Ibid. 61. Ibidat 175. 62. lbid at 177. 63. Ibid. 64. These are jurisdictions, which have had a tested and tried Rule of Law. Most countries in Alu

simply, cannot be described as having that. 65. I must make it very clear that these propositions are not the central focus in this paper. This work

has been a discussion of the progress made on violence against women. However, 1 believe that it is worth flagging these issues that I am developing elsewhere. See infra.

66. This terminology stems from the discipline of behavior change. "This revolution involves a shift from an action paradigm to a stage paradigm in which changing troubled behavior involves progressing through six stages of change: precontemplation, contemplation, preparation, action, maintenance and termination". Helping Populations Progress Through Stages of Change.http:// www.bu.edu/cpr/webcast/change.

67. World Health Organization - "World Report on Violence and Health". Violence and Injuries Prevention: - http://wwwS.who.int/violence_injury_prevention/main.cfm

United Nations Division for the Advancement of Women State Parties to CEDAW: - http:// www.un.org/womenwatch/daw/cedaw/states.htm

http://www.feminist.com/news/news 102.html 68. Ibid. 69. Ibid. The data shows horrifying statistics of violence - leading to the ripple effects of"physical,

sexual and psychological violence - from immediate deaths and injuries to long-lasting problems including permanent physical disabilities and a range of mental, behavioral and reproductive health troubles.


70. Ghana ratified this convention in 1990. See Convention on the Elimination of All Forms of Discrimination Against Women, 18 December 1979, 34 UN GAOR Supp. (No. 21) (A/34/46) at 194, UN Doc. A/RES/34/180 (entry into force: 3 September, 1981).

Report on Ghana's Implementation of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women submitted to the Committee on the Elimination of Discrimination Against Women. (Accra: Unpublished National Council on Women and Develop- ment Report, January 1991).

Addendum to the Report on Ghana's Implementation of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women submitted to the Committee on the Elimination of Discrimination Against Women. (Accra: Unpublished National Council on Women and Development Report, January 1992).

71. See Jacqueline Campbell, Professor of Nursing at Johns Hopkins University: quoted in http:// www.feminist.com/news/news/102.html

72. Rebecca Cook has alluded consistently to the Human Rights Issues. See for example, "The International Right to Non-Discrimination on the Basis of Sex: A Bibliography", (1989) 14 Yale Journal of lnternational Law 161.

73. Again, this discussion is still in development. I am closely following the agenda of the WHO on this initiative. The analysis is incomplete at this time.

74. The present proposal is simply flagged here. The scope of the present paper is to discuss present progress in Ghana in exposing and reversing violence against women. Eradicating anti-social behavior though psychosocial and psychological stages of change is the basis of other on-going research (Rosemary King, forthcoming).

75. Discourse of this nature is delicate. There is no desire to be patronizing of the people of Ghana, and indeed, no blame is being laid at any door. These are theoretical tenets that seem applicable to Ghanaian culture and society. In all of this, research has been as yet, very preliminary, and more studies will be forthcoming.

76. Unpublished LL.M. thesis: 1991, Queen's University Faculty of Law. "Addressing Domestic Violence in Ghana".

77. 2002 http://www.bu.edu/cpr/webcast/change.html Helping Populations Progress Through Stages of Change

Dr. James Prochaska, Ph.D. Professor of Clinical and Health Psychology at the University of Rhode Island. Also, Prochaska JO, DiClemente CC, Norcross JC: "In search of how people change: Applications to addictive behaviors". 1991 American Psychologist, 1102-1104.

78. Ibid. 79. Ibid. Previously almost all research and treatment programs were action-oriented but less than 20%

of people with such behaviors are prepared to take action. Action-oriented programs resulted in relatively low participation rates, high drop out rates and small impacts on populations with un- healthy behaviors.

80. Ibid. 81. Again, I stress that this is very preliminary research that will be presented at a later stage. 82. Sincere thanks to Angela Dwamena Aboagye of ARK Foundation, Ghana, who put together these

comments.

References

Ar t i c l e s

Marilyn Aniwa: "Prevalence" in Dorcas Coker Appiah and Kathy Cusack (eds.) "Breaking the Silence & Challenging The Myths of Violence Against Women and Children in Ghana: Report of a National Study on Violence" (Accra, Ghana: Gender Studies & Human Rights Documentation Centre: 1999) (50 - 71).

S.K.B Asante et al. Proposals for a Draft Constitution of Ghana (Accra: Ghana Publishing Corporation, 1991).

King 95

Dorcas Coker Appiah and Kathy Cusack (eds.) "Breaking the Silence & Challenging The Myths of Violence Against Women and Children in Ghana: Report of a National Study on Violence" (Accra, Ghana: Gender Studies & Human Rights Documentation Centre: 1999).

Kathy Cusack: "Defining Violence" in Dorcas Coker Appiah and Kathy Cusack (eds.) "Breaking the Silence & Challenging The Myths of Violence Against Women and Children in Ghana: Report of a National Study on Violence" (Accra, Ghana: Gender Studies & Human Rights Documentation Centre: 1999) (14 - 33).

Kathy Cusack: "Methodology" in Dorcas Coker Appiah and Kathy Cusack (eds.) "Breaking the Silence & Challenging The Myths of Violence Against Women and Children in Ghana: Report of a National Study on Violence" (Accra, Ghana: Gender Studies & Human Rights Documentation Centre: 1999) (34 - 49).

Florence Dolphyne The Emancipation c~/ W o m e n ~ n ,~[?ican Perspective (Accra: Ghana University Press, 1991 ).

Audrey Gadzepko: "Women's and Girl's Experiences and Understanding of Violence" in Dorcas Coker Appiah and Kathy Cusack (eds.) "Breaking the Silence & Challenging The Myths of Violence Against Women and Children in Ghana: Report of a National Study on Violence" (Accra, Ghana: Gender Studies & Human Rights Documentation Centre: 1999) (72 - 82).

Audrey Gadzekpo: "Societal Attitudes to Violence Against Women and Children" in Dorcas Coker Appiah and Kathy Cusack (eds.) "Breaking the Silence & Challenging The Myths of Violence Against Women and Children in Ghana: Report of a National Study on Violence" (Accra, Ghana: Gender Studies & Human Rights Documentation Centre: 1999) (120 - 137).

Akua Kuenyehia, Fostering Rights Awareness Among Women - The Ghanaian Experience, (Arusha- Proceedings of the Third Annual Conference: The African Society of Int. and Comparative Law, 1991).

Akua Kuenyehia: "Women and Family Law in Ghana: An Appraisal of Property Rights of Married Women" in (1986-1990) 17 Universi(v of Ghana l~lw Journal 72. H.J.A.N Mensa-Bonsu, "'Fam- ily Law Policy and Research Agenda" in Ardayfio-Schandorf (ed.) "The Changing Family in Ghana" (Accra, Ghana: 1996).

Esther Ofei-Aboagye: "FIDA" in Case.~ in Management hmovation: Ghana Count~ Study, Appiah Pinkrah, Bamfo, Ntim, Otei-Aboagye (eds.), (Geneva: International Labour Organization, 1993). Amendment to the Ghanaian Criminal Code (1998).

Rosemary Ofei-Aboagye: _ _ U n p u b l i s h e d LL.M. thesis: 1991, Queen's University Faculty of Law:"Addressing Domestic

Violence in Ghana". "Altering The Strands of The Fabric: A Preliminary Look At Domestic Violence in Ghana",

(1994) 19:4 SIGNS 924. "Domestic Violence in Ghana: An Initial Step" (1994) 4:1 Columbia Journal c~fGender and the

Lz~w, 1. " Domestic Violence in Ghana: A Preliminary Look" In The Public Nature of Private Violence.

Martha Fireman and Roxanne Mystical (eds.) (New York: Routledge, 1994). "Domestic Violence in Ghana: An Initial Step" in Global Critical Race Feminism: A Reader.

Adrienne Wing (ed.) New York, New York University Press, 2000). Unpublished DJur. Thesis: 1994, Osgoode Hall Law School: "Ghanaian Women: Equality &

Empowerment". "Tradition or Tribulation: Thoughts on Women's Oppression and Wife Abuse in Ghana" in A

Ctvss-Cultural Exploration of W([e Abuse. Aysan Sever (editor) (Lewiston, New York: Edwin Mellen Press, 1997).

Mansah Prah: "Women's and Girl's Responses to Violence" in Dorcas Coker Appiah and Kathy Cusack (eds.) "Breaking the Silence & Challenging The Myths of Violence Against Women and Children in Ghana: Report of a National Study on Violence" (Accra, Ghana: Gender Studies & Human Rights Documentation Centre: 1999) (84 - 97).

Mansah Prah: "Outcomes of Women's and Children's Responses" in Dorcas Coker Appiah and Kathy Cusack (eds.) "Breaking the Silence & Challenging The Myths of Violence Against Women and Children in Ghana: Report of a National Study on Violence" (Accra, Ghana: Gender Studies & Human Rights Documentation Centre: 1999) (I 08 - 118).


Prochaska JO, DiClemente CC, Norcross JC: "In search of how people change: Applications to addictive behaviors". 1991 American Psychologist, 1102-1104.

Tove Stang Dahl: Women's' Law: An Introduction to Feminist Jurisprudence, translated by Ronald Craig. (Oslo: Norwegian University Press, 1987).

Doe Tsikata, Judicial Impartiality, Women and the Divorce Courts: A Comparative Study of Judicial Attitudes to Women in Ghana and the US. (Unpublished LL.M Thesis, Harvard University Law School, 1992).

Onl ine R e s o u r c e s

"Parliamentary Campaign "Stop Volence Against Women": Female Genital Mutilation http://www.ipu.org/ wmn-e/fgm-prov-g.htm

An Act to Amend the Criminal Code, 1960 (Act 29) to include in the code the offence of female circumcisions and for connected purposes, 4 August 1994 http://cyber.law.harvard.edu/population/ fgm/ghana.fgm.htm

Slavery in Ghana: The Trokosi Tradition (March 1998) http://www.equalitynow.org/action_eng_l 4_ 1.html Legislation Enacted to Criminalize the Trokosi Tradition of Enslavement (June 12 1998) in January 1999

update: http://www.equalitynow.org/action_eng_ 14_2.html Domestic Violence Reported in New Zealand: April 2002 http://www.feminist.com/news/news 126.html Ghanaian Resources: http://www2.h-net.msu.edu/-gyimah/resources.html LAWA http://www.womensenews.org/article.cfm/dyn/aid/886/context/archive Basic statistics and information on Ghana and Ghanaian women (05-02-2003) http://www.afrol.com/

Categories/Women/profiles/ghana women.html. FIDA achievements to date: http://www.fidaghana.org/about/achievements.asp "Situation Analysis of Children and Women in Ghana", 2000: UNICEF, Government of Ghana. Discus-

sion of Trokosi and Female Genital mutilation. World Health Organization - V i o l e n c e and Injuries Prevention: - http://www5.who.int/

violence_injury_prevention/main.cfm United Nations Division for the Advancement of Women State Parties to CEDAW: - http://www.un.org/

womenwatch/daw/cedaw/states.htm http://www.feminist.com/news/news102.html Domestic Violence as a Health Hazard in Report Indicates Gender-Related Violence is Global (Health

and Environment) by Jordan Lite (Wenews correspondent) http://www.feminist.com/news 102.html Ghana: Report on Female Genital Mutilation (FGM) or Female Genital Cutting (FGC) (Released June

I 2001) http://www.state.gov.g/wi/rls/rep/crfgm/10100.htm http://www.law.emory.edu/IFL/legal/ghana.htm http://www.equalitynow.org/action_eng_ 14_ 1 .html http://www.equalitynow.org/action_eng 14 2.html http://www2.h-net_msu.edu/-gyimah/resources.html http://www.state.gov/g/wi/rls/rep/crfgm/10100.htm http://www.fidaghana.org/about/achievements.asp http://www.bu.edu/cpr/webcast/change.html Helping Populations Progress Through Stages of Change

(Dr. James Prochaska, Ph.D)

R e p o r t s a n d Leg i s la t ion

Constitution of the Republic of Ghana (1992). Convention on the Elimination of All Forms of Discrimination Against Women, 18 December 1979, 34

UN GAOR Supp. (No. 21) (A/34/46) at 194, UN Doc. A/RES/34/180 (entry into force: 3 Septem- ber, 1981).

King 97

Report on Ghana's Implementation of the United Nations Convention on the Elimination of All Forms ~?fDiscrimination Against Women submitted to the Committee on the Elimination of Discrimination Against Women. (Accra: Unpublished National Council on Women and Development Report, January 1991).

Addendum to the Report on Ghana's Implementation of the United Nations Convention on the Elimina- tion of All Forms of Discrimination Against Women submitted to the Committee on the Elimination of Discrimination Against Women. (Accra: Unpublished National Council on Women and Devel- opment Report, January 1992).

FIDA-Ghana Legal Aid Report [br 1991 (Accra, Ghana: F|DA, 1992). Women and Juvenile Unit/WAJU Ghana Police Service (Specialized Unit within the Ghana Police

Service: Established in October 1998 - in response to the increasing number of cases involving abuse and violence against women and children). Working closely with the Department of Social Welfare, FIDA and the Legal Aid Board. Operating in Accra and Ashanti Regions only.

Commission on Human Rights and Administrative Justice (CHRAJ) established under the 1992 Consti- tution by Act 456. It is the National Institution for the Protection of Fundamental Human Rights and Freedoms and Administrative Justice.

CHRAJ Annual Reports 1998. Women and Juvenile Unit of the Ghana Police (Accra, Ghana: October 2002, WAJU).

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