ghana scorecard on the - genced...africa, popularly known as the maputo protocol, which was...
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Ghana Scorecard on theMaputo Protocol
Gender Centre for Empowering DevelopmentEmail : [email protected]
[email protected] : @GenCEDghFacebook : GenCEDghTelephone : +233557022608website : www.genced.org
Gender Centre for Empowering Development (GenCED) is a Non-governmental Organisation that seeks toempower women and youth for sustainable development in our communities. Established in May 2011 as anindependent, not-for-profit, research and advocacy organisation, GenCED is currently focusing on the followingkey areas of development as enclosed in the 12 Critical Areas of Worry in the Beijing Platform for Action:Governance, Social interference Issues and Entrepreneurship.
Plan International African Union Liaison OfficeE-mail : [email protected]
[email protected] : @PlanAULiaisonFacebook : www.facebook.com/PlanAULOPO Box : 5696, Addis Ababa, EthiopiaTel/Fax : +251 11 66 10 182|Website : www.Plan-International.org/African-Union-Office
Plan International is an independent development and humanitarian organisation that advances children’s rightsand equality for girls. We strive for a just world, working together with children, young people, our supportersand partners. To fulfil the promise of the 2030 Global Goals, our 5-year Global Strategy is designed to deliversignificant change for girls and boys, putting a special emphasis on gender equality. Girls have the power tochange the world. Our ambition is to work beside them and together we take action so 100 million girls learn,lead, decide and thrive.
Plan International has launched a girl-led campaign for gender equality: Girls Get Equal. It is a growing, globalmovement demanding equal power, freedom and respect for girls everywhere.
Forum for African Women Educationalists (FAWE) HouseChania Avenue, Off Wood Avenue Kilimani,Address : PO Box 21394-00505, Ngong Road, Nairobi, Kenya.Tel. : +254 20 77 30537 /+254 20 25 97919 /+254 714 60 6629 / +254 20 3874150E-mail : [email protected]
The Forum for African Women Educationalists (FAWE) is a membership-based pan-African Non-GovernmentalOrganisation that operates through 34 National Chapters in sub-Saharan Africa to promote girls’ and women’seducation. FAWE’s vision, mission and goal are all resolute on the well-being of girls’ education. In order toaccomplish its mission of ‘promoting gender equity and equality in education in Africa’ FAWE uses a holisticfour-pronged approach.
ACKNOWLEDGEMENT
This publication was made possible through the financial and technical support of the PlanInternational Africa Liaison Office, Ethiopia and Forum for African Women Educationalists (FAWE).Special thanks also goes to Dr. Olumide Ajayi for his skills and enhancement efforts which helped usin the production of this scorecard. Further thanks also goes to Mr. Frank Bodza, Programs Officer ofWILDAF (Women in Law and Development, Africa), Ghana for his time and patience during theprocess of producing the scorecard.
The Gender Centre for Empowering Development (GenCED) also wishes to thank our partners ingovernment whose collaboration and inputs helped in the production of this scorecard. These are theMinistry of Gender, Children & Social Protection, (MOGCSP), the Gender Department of the Ministryof Gender, Children & Social Protection, the Domestic Violence Secretariat, The Trades UnionCongress, Attorney Generals Department and the Commission of Human Rights and AdministrativeJustice (CHRAJ).
We would also like to thank the Artisans Association of Ghana, (AAG), Songtaba (Securing BasicRights for Women & Children), Rights and Responsibilities Initiatives Ghana (RRIG), Stand ForWomen Foundation, Upper West Rural Women Association, Resource Development Foundation,Resource Link Foundation and Mrs. Cathy Bob-Milliar (Former Director of the Ministry of Gender)for helping in the validation of this scorecard.
Lastly, thanks to the entire GenCED (Gender Centre For Empowering Development) team for theirtireless efforts, time and dedication which enabled the successful production of this scorecard.
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SUBJECT OF THE SCORECARD
In line with its reporting obligations under the Maputo Protocol, Ghana is for the first time producinga scorecard to the Committee on Protocol to the African Charter on Human and Peoples’ Rights onthe Rights of Women in Africa. This scorecard will however provide responses to the specific articlesof 4 and 13.
a) Article 4 : The Rights to Life, Integrity and Security of the Personb) Article 13 : Economic and Social Welfare Rights
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ACRONYMS
AAG - Artisans Association of GhanaCHRAJ - Commission for Human Rights & Administrative JusticeDOVVSU - Domestic Violence and Victim Support UnitDV - Domestic ViolenceDSW - Department of Social WelfareGBV - Gender Based ViolenceGenCED - Gender Centre for Empowering DevelopmentIDPs - Internally Displaced PersonsMASLOC - Microfinance & Small Loans CentreMOGCSP - Ministry of Gender, Children and Social ProtectionMOWAC - Ministry for Women and ChildrenNBSSI - National Board for Small Scale IndustriesNCPD - National Council for Persons with DisabilitiesNLC - National Labour CommissionSSNIT - Social Security & National Insurance Trust
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Table of Content
1. Acknowledgment - 32. Subject of the Scorecard - 43. Acronyms - 54. A Score Card for the Evaluationof Maputo Protocol: Gender Based Violenceand Economic Empowerment of Women - 7
5. Article 4: The Rights to Life, Integrity andSecurity of the Person - 11
6. Article 13: Economic and Social WelfareRights States Parties shall adopt and enforcelegislative and other measures to guaranteewomen equal opportunities in work and careeradvancement and other economic opportunities - 27
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A Score Card for the Evaluationof Maputo Protocol:
Gender Based Violence andEconomic Empowerment of Women
BACKGROUND
Although women form more than half ofthe world's population, to a very largeextent, they are marginalized and
denied many of the rights to which they areentitled. Born out of patriarchy; justified withtradition and culture and perpetuated throughsilence and inaction, women have been deniedtheir rights as human beings in many countriesof the world. In recognition of the socio-economic cost of the marginalization ofwomen, African leaders put in place a numberof legal provisions to promote and protect therights of women in Africa. One of suchinstrument is the African Charter on Human andPeoples' Rights on the Rights of Women inAfrica, popularly known as the MAPUTOProtocol, which was promulgated in 2003. InFebruary 2007 Ghana ratified this MAPUTOProtocol. The Articles 4, 6, 12 and 13 of theProtocol demand state parties work to eliminateGender based violence (GBV) and promoteeconomic empowerment of women.
Ghana has worked to domesticate some aspectof the protocol and implemented actions onthese aforementioned articles. In 2017, theAfrican Union appointed His Excellency Mr.Nana Akuffo-Addo the President of Ghana asthe African Union Gender Equality Champion.
State parties have responsibilities to giveperiodic report on key actions and effortstowards achieving the targets sets under theProtocol. In view of this, GenCED, iscollaborating with the Ministry of Gender,Children and Social Protection and otherGovernment stakeholders and civil societyorganizations, to produce a status report on theimplementation of the protocol which theministry will present at the next session of theAfrican Union in 2019.
Constitutional, Legislative and InstitutionalFrameworkThe Constitution of Ghana dedicates a wholeChapter that is “Chapter 5” to Human Rights
and Fundamental Freedoms of the Peopleof Ghana and subsequently prohibitsdiscriminations on grounds of race, place oforigin, political opinion, colour, religion, creedor gender.
There is also an on-going law reforms to ensurethat some of the key Articles which promoteand address human rights of the Citizens ofAfrica are being addressed by the State Party.The State Party is working on amendments tothe Intestate Succession Law, 1985 (PNDCL111) to correct some flaws in the original law.A draft of the Property Rights of Spouses Billis available to enhance property or estatedistribution upon dissolution of marriage ordeath of a spouses. The Ministry of Gender,Children and Social Protection has sponsoredan Affirmative Action Bill to be submitted toparliament.
The State Party has in place the following lawswhich are furthering the provisions of theMaputo Protocol in Ghanai. Matrimonial Causes Act, 1971 (Act 367)ii. Human Trafficking Act, 2005 (Act 694)iii. Disability Act, 2006 (Act 715)iv. Whistle Blowers Act, 2006 (Act 720)v. The Domestic Violence Act, 2007 (Act 732)vi. The Labour Act, 2003 (Act 651)vii. Female Genital Mutilation (FGM)
Amendment Act, (Act 484)viii. Children’s Act, 1998 (Act 560)ix. Criminal Offences Act, 1960 (Act 30)x. Chieftaincy Act, 2008 (Act 759)
National Machinery for the Advancement ofWomenTo further strengthen the realization ofwomen’s rights and to better coordinate theprovision of services to women, among others,the Ministry of Women and Children(MOWAC) established since 2001 wasrestructured in 2013 and re-designated as theMinistry of Gender, Children and SocialProtection (MOGCSP). The new Ministrymerges MOWAC, the Department of SocialWelfare (DSW), the National Council of
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Persons with Disability (NCPD) and the SocialProtection Division of the Ministry ofEmployment and Labour Relations.
Objectives of the ReportThe main objective of this scorecard is toanalyse Articles 4 & 13 of the Maputo Protocol,show country assessment scores & outcomes,the gaps and the provide recommendations onareas that need strengthening.
Methodology Used in Producing the ReportParticipatory approach was used to reachconclusions in producing the scorecard. Keystakeholders and agencies were contacted toseek their opinions and gather evidence towardsthe production of the scorecard. Among the keystate institutions are the Ministry of Gender,Children and Social Protection, the DomesticViolence Secretariat, the Department of Gender,
the Trades Union Congress of Ghana, theAttorney-General’s Department andCommission on Human Rights andAdministrative Justice (CHRAJ), and DomesticViolence and Victim Support Unit (DOVVSU).
About GenCEDGender Centre for Empowering Development(GenCED) is a Non-GovernmentalOrganisation that seeks to empower women andyouth for sustainable development in ourcommunities. Established in May 2011 as anindependent, not for profit, research andadvocacy organisation. GenCED is currentlyfocusing on the following key areas ofdevelopment as enclosed in the 12 CriticalAreas of Worry in the Beijing Platform forAction: Governance, Peace and Security, SocialInterference and Entrepreneurship.
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Article 4:The Rights to Life, Integrity and
Security of the Person
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TheArticle
Number
The ArticleContent
AssessmentQuestions
Situation /Reality Report Score
4.1
4.2 (a)
4.2 (b)
Every woman shall beentitled to respect forher life and theintegrity and security ofher person. All formsof exploitation, cruel,inhuman or degradingpunishment andtreatment shall beprohibited
Enact and enforce lawsto prohibit all forms ofviolence againstwomen includingunwanted or forced sexwhether the violencetakes place in private orpublic;
adopt such otherlegislative,administrative, socialand economicmeasures as may benecessary to ensure theprevention, punishmentand eradication of allforms of violenceagainst women;
Are the norms andpractices intraditional, cultural,public and privatespace in alignmentwith these article?
These practices mustbe identified anddocumented both atthe rural and urbansetting)
Are there lawsenacted for thispurpose or it is partof a larger body oflaw?
Is the contentadequate andrespond to thedemands of thisarticle?
How many articles?List them or identifythematic coverage.
Are their GBVPolicies,programmes,rehabilitation andrecoveryprogramme?
Some traditional andcultural practices place’s alimitation on therealization of rights forwomen and girls.
FGMTrokosi (slave to a deity),young girls are sent toshrines to atone the sins oftheir ancestors)
Early and forced MarriageWitch camps(widows andolder women are accusedof deaths in their familiesand are banished tocamps)
Yes, Ghana has enactedlaws that prohibit all formsof violence against womenand girls. An L.I(Legislative instrument)known as DomesticViolence Regulation waspassed in 2016.
No
No. The punishment in theDV Act is lesser than theCriminal and otherOffences Act.
Yes
Policies Available include;Child & Family WelfarePolicySocial Protection PolicyNational Gender PolicyJustice for Children Policy
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1
0
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13
TheArticle
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4.2 (b)
4.2 (c) identify the causes andconsequences ofviolence againstwomen and takeappropriate measures toprevent and eliminatesuch violence;
How are the victimsof GBV treated?
Are there statesponsored or privatesponsored researchthat has beenconducted to respondto this article?
Are there measures,legal and otheradequate means thathave been taken toeliminate GBV?
(Give examples ofthese measures)
The Domestic Violenceand Victims Support unithelps in :Provision of shelter
Rehabilitative service- Notfunctioning & underresourced.
Counseling services-Basiccounseling available
Medical care available
Psycho-socialsupport(food &clothing)
Legal Aid
Re-integration services
Yes, The 2016 DomesticViolence Research by theDomestic ViolenceSecretariat
Yes there are Legal andother measures
Child-Friendly PolicingProject since 2016.
Establishment of responsecenters on GBV @Mallam Atta, Abgobloshiemarkets located in theGreater Accra region ofGhana.
Helpline of Hopeestablished byDV(Domestic Violence)Secretariat &
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TheArticle
Number
The ArticleContent
AssessmentQuestions
Situation /Reality Report Score
4.2 (c)cont’d.
4.2 (d)
4.2 (e)
Actively promote peaceeducation throughcurricula and socialcommunication in orderto eradicate elements intraditional and culturalbeliefs, practices andstereotypes whichlegitimize andexacerbate thepersistence andtolerance of violenceagainst women.
Punish the perpetratorsof violence againstwomen and implementprogrammes for therehabilitation of womenvictims;
Is there evidence thateducation curriculacontains items underthis article?
Is there a willingnessor plan to do so?
Where there areeducation curricula,does the contentspeak to theconsequences ofGBV?( Providedocuments andexamples to justifythis)
Is there a specialcourt to try GBVcases?
Domestic & VictimsSupport Unit (DOVVSU)(0800.800.800)
Treating DV cases asviolent crimes as adeterrent to offenders.
The Legal Aid Schemealso provides pro bonoservices to victims.
Advocacy and educationon GBV by the GenderMinistry.
Advocacy programs andevents by CSO’s andNGO’s to end GBV.
Yes, education at the basic,junior high and senior highlevels have courses suchas citizenship educationand social studies thatteaches about peace,traditional and culturalpractices which infringeon the rights of women
Yes, however documentsare not available.
There is no special courtfor trying GBV cases.However the DV Actallows courts with originaljurisdiction to try GBVcases.
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TheArticle
Number
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AssessmentQuestions
Situation /Reality Report Score
4.2 (e)cont’d.
4.2 (f)
• 977 cases reported
• 140 convictions
• 837 pending
Establish mechanismsand accessible servicesfor effectiveinformation,rehabilitation andreparation for victimsof violence againstwomen;
How many reportedcases wereprosecuted in thereporting year?
• 977 cases reported
• 140 convictions
• 837 pending
How many rehabcenters do you havein your country?
What measures are being taken to ensurethat victims speakout and are notstigmatize?
Are there servicecenter forcounseling, recoveryand rehabilitation ofGBV victims both inurban and ruralcommunities?
Number of casesprosecuted in reportingyear (2016): DomesticViolence &VictimsSupport Unit (DOVVSU).
977 cases reported
140 convictions
837 pending
Two (2) rehab centers inMadina and Accra. Thesetwo are only in thenation’s capital and not inthe other regions ofGhana. These two sheltersare even inadequatelyresourced.
One shelter for womenvictims. One shelter forchildren
DOVVSU officers aretrained to provide basiccounseling to victims.
Private institutions such asthe Helpers Foundationalso provide counselingand rehabilitation services.
Yes, but just one centre atthe police hospital whichprovides counseling tovictims.
DOVVSU now trainingofficers at post to providebasic counseling tovictims.
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TheArticle
Number
The ArticleContent
AssessmentQuestions
Situation /Reality Report Score
4.2 (f)cont’d.
4.2 (g) Prevent and condemntrafficking in women,prosecute theperpetrators of suchtrafficking and protectthose women most atrisk
How many womenhave beenrehabilitated in thelast two years?
What proportion ofthese are fromreported cases?
Is there a law thatprevents humantrafficking?
Are the provisionsadequate with speltout punitivemeasure?
Are there institutionsor agencies set up todeal with issuesrelating to humantrafficking?
Are there awarenessprogrammes both atnational and sub-national level thatprevent and dissuade young women fromtrafficking?
No available statistics.
No statistics available onthat.
Yes, the HumanTrafficking Act (2009) ofGhana.
The Protection andReintegration ofTrafficked PersonsRegulation (2015)
The Laws spells outoffences and punitivepunishment for offenders.
Institutions tasked to dealwith trafficking issues inGhana;• Ghana Immigration• Service
• Ghana Police Service• (Anti Human Trafficking• Unit)
• The Human Trafficking• Secretariat (An agency of• the Ministry of Gender,• Children and Social• Protection)
There are traffickingawareness programs bythe Gender Ministry, localgovernments, immigrationservice, police service on reporting and punishmentsfor offenders.
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0
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TheArticle
Number
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Situation /Reality Report Score
4.2 (g)cont’d.
4.2 (h)
4.2 (i)
Prohibit all medical orscientific experimentson women without theirinformed consent
Provide adequatebudgetary and otherresources for theimplementation andmonitoring of actionsaimed at preventing anderadicating violenceagainst women;
Are thererehabilitationprogrammes andpolicy for victims oftrafficking?
Are there records ofprosecution ofperpetrators andvictims recoveredand rehabilitated?
Are there medicalethics regulation andcontrol that speaks tothis article in relationto women?
Is the medicalauthority aware ofthis clause?
What means aretaken to enlightenrural women aboutmedical consent,particularly on drugintake?
Is there a monitoringmechanism withinthe governmentagencyimplementing lawsand policies aroundGBV?
Yes there are rescue,rehabilitative programsand policies for victims
Records not available asat time of reporting.
Yes, there are general lawsprotecting this women’sright in relation to thisarticle.
There are the Protocols ofvarious hospitals onscientific research.
The Ghana Health ServicePatient’s Charter 1996 ,Act 525
Yes
Inadequate education forrural women aboutmedical consent and ondrug intake.
Yes, There is a monitoringmechanism which is theDomestic ViolenceSecretariat whichimplements laws andpolicies around GBV. TheDomestic ViolenceSecretariat also monitorstheir own progress in theimplementation of lawsand policies.
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0
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TheArticle
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AssessmentQuestions
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4.2 (i)cont’d.
4.2 (j)
4.2 (k)
Ensure that, in thosecountries where thedeath penalty stillexists, not to carry outdeath sentences onpregnant or nursingwomen
Ensure that women andmen enjoy equal rights
Is GBV a budgetpriority togovernment? What isthe amount ofbudgetary allocationto GBV programmesand what proportiondoes this represent inagency budget?
Is the parliamentaware of theimportance of anti-GBV activities in thedevelopment ofwomen and thesociety?
Are there provisionswithin the criminallaws of the countrythat deals with thisarticle?
What kind ofadvocacy initiativeswill make thishappen? Whatmeasures are in placeto guarantee fairhearing for womenin those countrieswhere death penaltystill exist?
Is there a policy thathave operationalized
No budget priority is givento Domestic Violence inthe budget.
The awareness inparliament is relativelyadequate about anti- GBVactivities. The Parliamentof Ghana passed the L.I(Legislative Instrument)for Domestic Violence in2016 after a lot ofadvocacy by the DomesticViolence & VictimsSupport Unit and CivilSociety Organizations.
Yes, Death Penalty stillexists in the Criminal andother Offences Act.Even though death penaltyexist in our law, no onehas died by this sentencesince 1986 (32 years now)
There has been aConstitution Review onthe need to eradicate deathsentence from the penalsystem. The Ministry ofJustice & AttorneyGenerals Department hasadopted the white paperpending approval.
There is no lawinternalized to this effect
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Outcome of Country Level ArticleAssessment
The following were the key outcomes of thecountry level article assessment which indicatesa mixed result. The section discusses the listedArticles, which are, Article 4 & 13 and providesresponses in line with the scorecard andsituational analysis of the State Party.
Article 4. The Rights to Life, Integrity andSecurity of the Person
Under this article a critical observation wasmade of the clauses 4.1, 4.2 and its sub-clausesfrom 4.2a to 4.2k.
Article 4.1: Every woman shall be entitled torespect for her life and the integrity andsecurity of her person. All forms of exploitation,cruel, inhuman or degrading punishment andtreatment shall be prohibited
This Article was assessed based on norms andtraditional practices that exist which might limit
the enjoyment of provisions outlined. Thespecific question for assessment was “Are thenorms and practices in traditional, cultural,public and private space in alignment with thisarticle?” These practices were thereforeidentified and documented in both rural andurban settings.
It emerged that Ghana’s laws and policiespromote fundamental human rights and libertiesof the citizens. However there is a concern, aslegal regimes alone do not adequately promotethe rights of the citizens and that despite lawscriminalizing some traditional norms, cultureand practices, they are still prevalent and beingpractised. Some of the key norms, traditionsand cultural practices which have beenidentified as inimical and outmoded such asTrokosi (a traditional religious servitude),witches camps and female genital mutilation(FGM) are still being practiced in Ghanadespite existence of laws banning theseinhuman practices.
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TheArticle
Number
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AssessmentQuestions
Situation /Reality Report Score
4.2 (k)cont’d.
TOTALSCORE= 33POINTS(100%)
in terms of access torefugee statusdeterminationprocedures and thatwomen refugees areaccorded the fullprotection and benefitsguaranteed underinternational refugeelaw, including theirown identity and otherdocuments.
or internalized this incased of IDPs?
What measures aretaken to guaranteethe protection ofwomen in the IDPcamps?
but in cases of IDP’s, theNational DisasterManagement Organization
(NADMO) providestemporal accommodationfor victims of disaster plusother forms of relief tohelp them rebuild theirhomes.
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21POINTS63.63%
Trokosi (Trɔkɔsi), meaning a slave to the deity,is a religious servitude of mainly sendingmaidens (virgins) to shrines to atone for the sinsof a family member or family members;atonement of sins. This is practiced in SouthEastern Ghana in the Volta Region, though it isalso practiced in Togo and Benin.
Existence of Witches Camps in the northernpart of Ghana. People alleged to be witches andwizards are banished and often find themselvesin camps, which have become known asWitches Camps. Ghana had five of such camps,however one was closed down in 2014. Suchpersons, 95% of whom are women, face harshliving conditions, dejection, and stigmatization;a scar that is never erased and extended tofamily members.
Female Genital Mutilation continues to bepracticed though it has been banned for over 20years. Some parents cross to Burkina Faso andNorthern Togo to perform the act.
These traditional norms and culture have beena minus to Ghana’s progressive human rightsregime. In all indications it is women who bearthe blunt of these acts.
Recommendations
Given that these practices have been banned forover two years, law enforcement is necessaryto fully eradicate them. Ghana needs tostrengthen responsible institutions to performtheir duties to totally end these inhumanepractices. The Commission on Human Rightsand Administrative Justice, the DomesticViolence and Victims Support Unit of thePolice Service and Civil Society Groupsworking around access to justice, must intensifytheir work and education to end these practices.
The Government through the Ministry ofInterior and the Ministry of Gender, Childrenand Social Protection must undertake anassessment of the situation and engagetraditional leaders and stakeholders to helpaddress any challenges associated with endingthe practices.
Article 4.2(a): Enact and enforce laws toprohibit all forms of violence against womenincluding unwanted or forced sex whether theviolence takes place in private or public.
This article tried to assess existence of laws thatprohibit all forms of violence against women.It sought to assess whether or not there areindependent laws, or parts of a larger body oflaws which exist to serve the purpose? And ifthe contents are adequate and respond to thedemands of this article?
It was clear from responses from the assessmentthat Ghana has a number of laws, independentlyand embedded in larger laws, prohibiting allforms of violence against women. Such lawsalso prohibit unwanted or forced sex which alsoproscribed forced sex in public or privateplaces. Though marital rape is not covered theamendment of Section 42(g) of the CriminalOffences Act was a turning point for addressinga colonial issue of marital rape.
Specifically there are laws which independentlyprohibit any forms of violence against womenand girls. Chapter 5 (Articles 12-33) of theConstitution of Ghana (supreme law of theland) prohibits all forms of violence againstwomen. The Domestic Violence Act, Act 713,(2007) of Ghana also defines and prohibitsviolence against women and girls and haveprovisions for punishments for perpetrators.The Criminal and other Offences Act of Ghanaalso prohibit the use of all forms of violenceagainst women and girls. By amending Section42(g) of the Criminal Offences Act (CriminalCode) marital rape has been criminalized.
The Will’s Act makes room and providesprocess for the individuals to prepare their ownWills in order to promote non-violence meansof transfer of estate and properties tobeneficiaries of a spouse. Many women havesuffered consequences of death of theirhusbands in the sharing of estate. To strengthenthe distribution of property upon the death ofspouse or any family member intestate the
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PNDC Law 111 has been in existence since1985 which have leveraged acrimoniesassociated with property and estate distribution.This has promoted the welfare of women wholose their husband and by extension beneficiaryto children who might have suffered denial ofparents’ property particularly when the childrenwere young.
Gap: The challenge is that the punishment inthe DV Act is lesser than the Criminal and otherOffences Act.
Recommendations1. There is a need for the State Party to take asecond look at the DV Act and take steps toamend and strengthen the provision onpunishment to offenders of the act.
2. Government must accelerate the processestowards amendment of the Intestate Succession,Law PNDC Law 111 and passing the PropertyRights of Spouses Bill into Law. The Ministryof Gender must intensify its advocacy actionsby engaging Parliament to speed up the processof amending and or passing these gender andhuman interest laws.
Article 4.2(b): Adopt such other legislative,administrative, social and economic measuresas may be necessary to ensure the prevention,punishment and eradication of all forms ofviolence against women
The article was assessed based on the conditionthat GBV Policies, programmes, rehabilitationand recovery programme exist in addition tohow the victims of GBV are treated?
The assessment reveals the existence of anumber of Policies in the State Party aimed atpreventing, punishing and eradicating all formsof violence against women.
These policies include: i. Child & Family Welfare Policyii. Social Protection Policy
iii.National Gender Policyiv. Justice for Children Policy
There are equally the existence of programs forrehabilitation of victims of gender basedviolence (GBV).
For instance shelters exist for abuse or victimsof GBV and especially domestic violencevictims. However government has only oneshelter and two other private ones owned andoperated by NGOs. All three shelters arelocated in Greater Accra Region leaving nineout of ten regions without any shelter forrescued and abused victims. This is definitelynot effective enough.
Furthermore, rehabilitative services have notbeen functioning & are under resourced. Thereis no permanent clinical psychologists whomight provide professional service to victims.Added to this, counselling services are justbasic and have not been effective.
Although medical care service is available forvictims to access pro-bono at health facilities,they are however challenged by hospitalauthorities’ demand for payment. This meansthere is no effective collaboration betweenservice providers who may jeopardise theevidence and subsequently prosecution whichmight adversely affect the outcome of the case.
Again though there exist a state owned LegalAid Scheme, mandated to support victims ofGBV in accessing justice on free basis, it seemsthe institutions are ineffective due to weaknessand inadequate resources (personnel andlogistics). Rehabilitation and Re-integrationservices have been a major concern since thereare inadequate personnel to undertake suchservice and worse of all facilities are eitherinadequate or non-existence. The State Partyalso has a National Strategy to End AdolescentPregnancy; which aims at complementingefforts at retention of girls in schools.
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Recommendations
1. Expand shelters beyond the Capital Regionto all regions of Ghana and if possible to bigcities to provide adequate service that isaccessible to the citizens.
2. The Domestic Violence Management Boardmust collaborate with health providers to ensurevictims are treated upon request and anyassociated cost reimbursed. This will alsoenable the victim to access medical services asearly as possible without jeopardizing evidence.
i. Train and make available counsellingservices at all shelters, hospitals andrehabilitation care homes to support GBVvictims in their rehabilitation and recoveryprocess.
ii. Involve traditional leaders, particularlyQueen mothers in the campaign and thefight against GBV.
Article 4.2c. Identify the causes andconsequences of violence against women andtake appropriate measures to prevent andeliminate such violence
Under this Article the assessment was aimed atfinding out if there were state or privatesponsored studies that had been conducted torespond to this article. It also measures, legaland other adequate means that have been takento eliminate GBV.
It was found that the state party had undertakenand published a comprehensive research aroundgender based violence and domestic violence in2016. The research aimed at determining theextent of GBV prevalence in Ghana, work overthe years and effectiveness of state establishedinstitutions and how responsible they are inaddressing the GBV problems in Ghana. Thisresearch was undertaking by the DomesticViolence Secretariat under the Ministry ofGender, Children and Social Protection.
Efforts at addressing GBV have beenmultifaceted with the establishment of a fullDomestic Violence Secretariat and a unit underthe Ghana Police Service known as Domestic
Violence and Victims Support Unit(DOVVSU).
Further findings show that there had been aChild-Friendly Policing Project since 2016 tosensitize children and the general public on therights of the children; this is supported by theDepartment of Children established purposelyto deal with children issues. A full Departmentof Gender, dedicated to work around genderequality and women empowerment exist in thestate party. Equally there is a Department ofSocial Welfare responsible for addressing socialwelfare issues within the State. There is aChildren Welfare Policy in place to deal withchildren issues.
Domestic Violence is prohibited under theDomestic Violence Act and the Criminal andother Offences Act, both laws treat DomesticViolence and GBV as violence crimes.Adjudication on Domestic Violence cases havebeen strengthened over the years by the JudicialService with the introduction of designatedcourts in all Regions which deal with DomesticViolence cases. Further to this, a ResponseCentre on GBV has been established in twoMarkets in the Greater Accra Region – theMallam Atta and Agbogbloshie Markets. Ashelter is also established and serving astemporary accommodation for some victims ofGBV; purposed to prevent further harm andprovide safe haven for GBV victims.
To strengthen GBV/DV cases reporting, theMOGCSP has established a toll-free helplineknown as Helpline of Hope which is under thecontrol of the DV Secretariat & DOVVSU.The line is 0800800800. The MOGCSP hasover the years embarked on series of education,sensitization and advocacy among theGhanaian population on behavior change tocurb GBV/DV in Ghana. These advocacy andsensitization actions have been seriouslysupported by Civil Society Organizations andNon-Governmental Organizations throughregular public activities and advocacy for lawreforms and stringent actions againstperpetuators.
Gaps: One big challenge is the limited shelterlocated only in Accra the nation’s capital,leaving the nine other regions in Ghana withoutshelters. The second major concern is the under
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resourced institutions working on GBV inGhana; limiting their potency and effectiveness.
Recommendations:
1. State party must endeavor to expand sheltersfor GBV victims to all regional capitals
2. The State Party must prioritize and ensureannual subvention allocation through thenational budget to the Domestic ViolenceManagement Board, the DV Secretariat,DOVVSU and any other State institutionsworking around GBV
3. Ensure continuous and effective functioningof the DV/GBV Victims’ hotline throughoutthe year.
Article 4.2 (d) Actively promote peaceeducation through curricula and socialcommunication in order to eradicateelements in traditional and cultural beliefs,practices and stereotypes which legitimizeand exacerbate the persistence and toleranceof violence against women.
Under this article the report seeks to assess ifeducation curricula talks about GBV and itsconsequences. Is there evidence that educationcurricula contains items listed under thisarticle? Is there a willingness or plan to do so?Where there are education curricula, does thecontent speak to the consequences of GBV?(Provide documents and examples to justifythis).
According to officials from the Ministry ofeducation, educational curricula from upperprimary school levels to secondary school incourses such as citizenship education and socialstudies discusses harmful traditional practices,peace education and GBV issues such asteenage pregnancy and child marriage. TheMinistry of Gender also does peace educationand advocacy on violence against women butthis has come to a halt because of lack of donorfunding.
Gap: Inadequate education on GBV issues andpeace education beyond schools due to lack of
donor funding.
Recommendations
1. Education on GBV issues and peace educationmust go beyond the classroom.
2. Government must provide adequate fundingfor the Ministry of Gender, Children & SocialProtection to be able to take part in peaceeducation and education on GBV issues.
Article 4.2(e): Punish the perpetrators ofviolence against women and implementprogrammes for the rehabilitation of womenvictims
Under this Article the report seeks to assess ifthere exists a special court to try GBV cases.How many reported cases were prosecuted inthe reporting year? How many rehabilitationcenters are in the country? What measures arebeing taken to ensure that victims speak out andare not stigmatize?
Ghana, since 2007, has passed the DomesticViolence Act (Act 713) which spells out detailson what constitute violence, domestic violence,and types of violence. The Act also provides forprotection through Protection Order andpunishment in line with the gravity of theoffence. A Legal Instrument (LI) tooperationalize the Domestic Violence Act hasbeen passed since July 2016; which in effecthelps in the smooth administration of theDomestic Violence Act. This is furthersupported by an established Domestic ViolenceManagement Board. Further to this there areover 130 special designated courts purposelyfor trial of Domestic Violence Cases across thecountry.
Records indicate that in 2016 alone the numberof cases reported to DOVVSU were 977. Ofthis number, there have been 140 convictionsand 837 cases pending.
There are two Rehabilitation Centres located inMadina and Accra both in the Greater AccraRegion. The staff of DOVVSU are trained toprovide basic counseling to victims; thoughcomplemented by private institutions theCounselling Centers are woefully inadequate.
23
Gaps: The challenge with the DV Actimplementation is inadequate shelter as thereare only two of such shelters, one each forchildren and women victims, and situated onlyin the national capital, leaving the rest 9administrative regions without any shelters in acountry of about 30 million population.
Recommendations
1. Expansion of Shelters to all Regional Capitalsand some cities will strengthen delivery of service to victims of Domestic Violence.
2. Police personnel trained to handle domesticviolence post should be at post for at leastten years before transfer since new officersare not familiar with the cases.
Article 4.2(f): Establish mechanisms andaccessible services for effective information,rehabilitation and reparation for victims ofviolence against women
This article is assessed on the followingcondition: Are there service centers forcounseling, recovery and rehabilitation of GBVvictims both in urban and rural communities?How many women have been rehabilitated inthe last two years? What proportion of these arefrom reported cases?
Counselling services to GBV/DV victims areavailable but limited to only one Centre at thePolice Hospital. Over the years as many as 977victims of GBV/DV have been rehabilitated atthe facility. However no adequate data exists oncounselling nationwide. However the Officersat DOVVSU are now receiving training toenable them provide basic counseling tovictims.
Gaps: Only few Counsellors to providepsychological support to DV Victims; limitedmainly to the national capital.
Recommendations
1. The state party trains more counsellors anddistribute them across all the Regions andkey designated hospitals.
2. The state party must establish centers thatserve as one-stop action center providing allthe necessary and comprehensive care thatthe victim needs.
Article 4.2(g): Prevent and condemntrafficking in women, prosecute theperpetrators of such trafficking and protectthose women most at risk
This article assesses the existence of law thatprevents human trafficking. The key questionof the adequacy of provisions spelling outpunitive measures and institutions or agenciesset up to deal with issues relating to humantrafficking.
Ghana has a law on human trafficking, theHuman Trafficking Act, Act 694 (2009) ofGhana. This is supported by the Protection andReintegration of Trafficked Persons Regulation(2015). In terms of the provisions on punitivemeasures the law is very clear and adequate.This is supported by established institutionsmandated by law to check trafficking whichinclude the Ghana Immigration Service andAnti-Human Trafficking Unit of the GhanaPolice Service and the Human TraffickingSecretariat under the Ministry of Gender,Children and Social Protection.
There are state institutions - Ministry of Gender,Children and Social Protection (MOGCSP),Ministry of Local Government and RuralDevelopment, the Ghana Police Service, andthe Ghana Immigration Service and someprivate organizations like InternationalOrganization for Migration – who undertakevarious forms of anti-trafficking awarenessprogrammes on preventing, reporting andpunishments for offenders. There is anestablished Anti-Human Trafficking Secretariatat the MOGCSP responsible for all issuesmanaging and controlling affairs of the humantrafficking issues in the State Party.
There are equally rescue actions, rehabilitationprogrammes and rescued victims centers thatprovide temporary shelters for the victims.There is one national shelter for rescuedvictims. There were no records available as attime of reporting.
Gaps: Most of these state institutions are underresourced in areas of personnel, logistics and
24
materials. Data on the sector is also a problemand even if they are available are not welldisaggregated.
Recommendations
1. Adequate resourcing of the institutions willstrengthen and embolden rescue operationsand increase public sensitization on humantrafficking.
Article 4.2(h): Prohibit all medical orscientific experiments on women without theirinformed consent.
The Article was assessed based on thefollowing questions - Are there medical ethicsregulation and control that speaks to this articlein relation to women? Is the medical authorityaware of this clause?
There is affirmation that there are general lawsprotecting women’s right in relation to thisarticle. There are existing Protocols at varioushospitals on scientific research. This is also wellcatered for in the Patient’s Charter whichprovides for disclosure to patients of whatevera facility might take on the patient, and thepatient can also obtain the necessaryinformation. Consistency is critical under theCharter.
Gap: Often in the rural areas there is inadequateeducation for rural women about medicalconsent and on drug intake or medicalexperiment.
Recommendations
1. The State Party must initiative an effectivesensitization programme to be carried outin rural and urban areas to raise awarenessamong general population on use of womenand girls for medical research.
Article 4.2(i): Provide adequate budgetaryand other resources for the implementationand monitoring of actions aimed at preventingand eradicating violence against women;
The following were the key assessmentquestions - Is there a monitoring mechanismwithin the government agency implementinglaws and policies around GBV? Is GBV abudget priority to government? What is theamount of budgetary allocation to GBVprogrammes and what proportion does thisrepresent in agency budget? Is parliamentaware of the importance of anti-GBV activitiesin the development of women and the society?
There were mixed responses to the questions.Positively there is a monitoring mechanism bygovernment agencies implementing laws onGBV. The DOVVSU compiles and shares withthe government and the public reported casesof DV annually indicating progress made,trends and changes both positive and negative.There are no records indicating budget priorityto Domestic Violence in the budget. TheDomestic Violence Fund is often underresourced and has not been prioritized. This hasattracted public dissent leading to private legalaction in 2017 by an individual to order theMinistry of Gender, Children and SocialProtection to put money into the funds. Theawareness in national Parliament is very low onanti-GBV activities; issues have been raisedmuch in the national parliament to warrantevidence based questions and responses on thefloor of Parliament.
Recommendations
1. The state party must prioritise DV/GBVissues and provide adequate resourcesthrough the national budget to all agenciesworking around DV/GBV.
Article 4.2(i): Ensure that, in those countrieswhere the death penalty still exists, not to carryout death sentences on pregnant or nursingwomen
The Article was assessed based on thefollowing questions: Are there provisionswithin the criminal laws of the country thatdeals with this article? What kind of advocacyinitiatives will make this happen? Whatmeasures are in place to guarantee fair hearing
25
for women in those countries where deathpenalty still exist?
Yes, Death Penalty still exists in the Criminaland other Offences Act. However no one hasbeen executed since 1986, meaning no one isgone through to the conclusion of the deathpenalty sentence for 32 years in Ghana.Amnesty International Ghana is advocating forthe abolishing of the death penalty. TheConstitution Review report (2011) recommendsthe need to eradicate death sentence from thepenal system. Government has accepted therecommendation and have issued a white paperon it pending approval. The Constitutionamendment is yet to materialize; the finalamendments must be put through aReferendum.
Gap: Awareness on the death penalty is verylow among population of the State Party.
Recommendation
1. Intensify awareness among the Ghanaianpopulation on the negative effect of deathpenalty and alternative punitive actions toreplace it.
2. Government must fast track the process fortotal elimination of the death penalty fromthe statute books.
Article 4.2(j): Ensure that women and menenjoy equal rights in terms of access to refugeestatus determination procedures and thatwomen refugees are accorded the fullprotection and benefits guaranteed underinternational refugee law, including their ownidentity and other documents.
Is there a policy that have operationalized orinternalized this in case of Internal DisplacedPersons (IDPs)? What measure are taken toguarantee the protection of women in the IDPcamps?
There is no law internalized to this effect but incases of IDP’s, the National DisasterManagement Organization (NADMO) is bodyresponsible for managing disasters and whichprovides temporal accommodation for victimsof disaster plus other forms of relief support tohelp victims rebuild their homes and life.Individuals and corporate organizations andNGOs support NADMO with materials, foodand funds where and when necessary to takecare of such victims of IDP. However theoperation of the NADMO and any related IDPsissues are regulated by UN Conventions onRefugees as Ghana has ratified the conventions.
Recommendations
The State Party must take immediate stepsput in place a comprehensive legal regimethat ensures women and children are cateredfor adequately and that is gender responsive.
AREAS FOR FUTURE ADVOCACY
• Advocacy for the amendment of the DV Actso that punitive measures can be strengthened.
• Provision of shelters nationwide for therehabilitation of victims of domestic violence.
• Provision of psychologists nationwide to caterfor domestic violence victims.
• Advocacy for adequate funding of the DomesticViolence Fund.
• Elimination of the death penalty in the statutebooks.
• Advocacy for more budget allocation to theMinistry of Gender, Child and Social Protection
.
26
Article 13:Economic and Social Welfare Rights
States Parties shall adopt and enforcelegislative and other measures to
guarantee women equal opportunities inwork and career advancement and othereconomic opportunities. In this respect,
they shall:
28
TheArticle
Number
The ArticleContent
AssessmentQuestions
Situation /Reality Report Score
13 (a)
13 (b)
Promote equality ofaccess to employment;
Promote the right toequal remuneration forjobs of equal value forwomen and men;
Are there laws inplace promoting andprotecting women’saccess toemployment?
Does the labour lawrecognized genderequality or is itgender blind orgender neutral?
Does the labour lawrecognize equal paypackage for womenand men inemployment
Are there labourpractices that workagainst these articlein private and publicinstitutions?
Yes
Labour Act 651 (2003)LI 2007 (1883)ILO core ConventionsRatified conventions inGhanaCollective
The Labour law is genderneutral even though:• Part 6 addresses women• related issues in the• areas of:• Employment:
Pregnancyovertime workseeking redress in the
iiiiievent of violation-transfer
• Maternity:- Leave - Cash benefits - Breast feeding - Protection of
• employment
All the parts of the LabourLaw is SUPPOSED toPROTECT all categoriesof work including equalpay for equal work
Forms of employment –casual and contract workwhich normally does notguarantee security of jobsand entitlements forwomen.
Lack of knowledge of thelaw on equal remunerationfor jobs always put womenat a disadvantagedposition.
1
1
1
0
29
TheArticle
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AssessmentQuestions
Situation /Reality Report Score
13 (b)cont’d
13 (c)
13 (d)
Ensure transparency inrecruitment, promotionand dismissal ofwomen and combat andpunish sexualharassment in theworkplace;
Guarantee women thefreedom to choose theirown occupations andprotect them fromexploitation from theiremployers violatingand exploiting their
Does the Publicservice Careermanagement systemcontain all theelements of thisarticle?
How is Sexualharassment handledin publicinstitutions?
Is there a complaintand redressmechanism in place?
Are thereprofessionalpractices orassociations thatdiscriminate against?
Women are mostly atbottom of the employmentstructure as such do notalways receive sameamount of money as theirmale counterparts.
Yes
There is no specific law onways of handling cases ofsexual harassment at thework place in the LabourLaw, however the labourlaw ensures thatorganizations must addresssexual harassment at theworkplace.
The DV Act, 2007provides the DOVVSU toaddress cases of sexualviolence at work.
The National LabourCommission (NLC) andthe Commission onHuman Rights &Administrative Justice arealso mechanismsestablished to seek redress.
Yes, there are professionalpractices that discriminateagainst women.
1
0
1
0
30
TheArticle
Number
The ArticleContent
AssessmentQuestions
Situation /Reality Report Score
13 (d)cont’d
13 (e)
fundamental humanrights as recognizedand guaranteed byconventions, laws andregulations in force.
Create conditions topromote and supportthe occupations andeconomic activities ofwomen in particular ,within the informalsector;
Are there professionor career entrybarriers targeted atwomen?
Are there labourpractices that preventwomen fromexercising theirrights?
Is there any agencyin place set up toreview unethicalpractices?
Are there initiatives,programmes andpolicies targeted atwomen in businessespecially informalsector such aswomen creditsupport programmes,training inentrepreneurshipdevelopment,women cooperativesocieties?
Are women able toaccess these serviceswith ease?
Some company lawsrequire that women do notgive birth during their firstthree years ofemployment.
Yes. Some public andprivate organizationscurtail women’sreproductive rights withina certain number of years.
The Commission onHuman Rights andAdministrative Justice(CHRAJ) has been set upto address unethicalpractices andadministrative humanrights abuses. TheNational LabourCommission is the mainagency set up to reviewunethical practices at theworkplace.
Yes, there are programmessuch as the NBSSI(National Board for SmallScale Industry) andMASLOC (Micro financeand Small Loans Centre).Organizations such as theArtisans Association ofGhana also equip womenin the informal sector withentrepreneurship skills.
Yes
0
0
1
1
1
31
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AssessmentQuestions
Situation /Reality Report Score
13 (e)cont’d
13 (f)
13 (g)
Establish a system ofprotection and socialinsurance for womenworking in the informalsector and sensitizethem to adhere to it;
Introduce a minimumage for work andprohibit theemployment of childrenbelow that age andprohibit, combat andpunish all forms ofexploitation of children,especially the girl.
Are there specialprogrammes for thewomen in the ruralareas?
Is there a socialinsurance scheme forwomen working inthe informal sector?
Are women aware ofits existence? Is thereany evidence toprove this?
What is thepercentagecoverage?
Is there a ChildRight law or has thecountry signed theoptional protocol onthe right of thechild?
Are the provisionsof this articleadequately reflectedin the law?
Yes, these programmesand initiatives targetwomen in the rural areasas well.
There is a social insurancescheme that covers allworkers in the informalsector. This is known asSSNIT (Social Security &National Insurance Trust)Informal Sector Fund
A lot of women and thegeneral public are notaware of its existence dueto a lack of sensitization
Data not available
Ghana has a Children’sAct (1998). Ghana ratifiedthe UN convention on therights of the child in 1990.Ghana has ratified theoptional protocol on theright of the child on theinvolvement of children inarmed conflict.(2014)Ghana is yet to ratify theoptional protocol on therights of the child on thesale of children, childprostitution and childpornography.
Yes
1
1
0
0
1
1
32
TheArticle
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AssessmentQuestions
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13 (g)cont’d
13 (h)
13 (i)
13 (j)
Take the necessarymeasures to recognizethe economic value ofthe work of women inthe home.
Guarantee adequatepaid pre and post natalmaternity leave in boththe private and publicsectors.
Ensure the equalapplication of taxationlaws to women andmen.
Does the labour lawrecognize andcontain theprovisions of thisarticle?
Is there a policy onunpaid care work?
Does the NationalAccounting Systemrecognize economicvalue of women’swork at home?
Does the labour lawand practicesadequately respondto this article?
Are there provisionsto sanctionestablishments thathave not adopted thisprinciple?
Is there adiscriminatory taxregime in yourcountry?
If yes, is it against orin favour of women?
The labour law makes thisprovision but fails toestablish the age range ofpeople of young peoplewho should not work.
No
No
Yes, the labour law makesprovisions for paid prenatal and post maternityleave for women in boththe public and privatesectors.
Yes
No
Even though, Ghana’s taxregime is notdiscriminatory, taxescharged women in theinformal sector by districtassemblies is often timesdiscriminatory,
1
0
0
1
1
1
0
33
TheArticle
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AssessmentQuestions
Situation /Reality Report Score
13 (k)
13 (L)
Recognize and enforcethe right of salariedwomen to the sameallowances
Recognize that bothparents bear theprimary responsibilityfor the upbringing anddevelopment ofchildren and that this isa social function forwhich the state andprivate sector havesecondaryresponsibility.
Does the labour lawrecognize andpractice theprovisions of thisarticle?
Can this be verifiedfrom womenleaders?
Are there glaringcases ofdiscriminationagainst women onthis issue?
Are there laws ormechanisms thatdeals with abdicationof family roles andresponsibilities?
Is the law effective?
Are there cases ofprosecution?
How does this lawdeal with traditionalpatriarchal culture ofmale domination?
Yes, article 68 of thelabour law makesprovision for all workersto receive equal pay forequal work withoutdiscrimination. But this isnot practiced in someestablishments
Yes
Statistics are not available
There is a Child andFamily Welfare Policydeveloped in 2015. TheChildren’s Act of 1998also makes this provisionfor the prosecution ofparents who abdicate theirroles.
Yes
Yes
The law allows for men tobe prosecuted as welldespite the culture of maledomination and patriarchy
0
1
0
1
1
1
1
OUTCOME OF COUNTRY LEVELASSESSMENT
Article 13: Economic and Social WelfareRightsState Parties shall adopt and enforcelegislative and other measures to guaranteewomen equal opportunities in work and careeradvancement and other economicopportunities. In this respect, they shall:
48. Article 13(a). Promote equality of accessto employmentThe article is assessed premised on thefollowing questions:(i) Are there laws in place promoting and
protecting women’s access to employment?(ii) Does the labour law recognize gender
equality or is it gender blind or gender neutral?
(iii) Does the labour law recognize equal pay package for women and men in employment?
Ghana has a labour law, the Labour Act, Act 651(2003) supported by a legislative instruments,LI 1883 (2007), that provides the framework
for effective operation of the law. In additionto this Ghana has ratified the ILO coreconventions promoting equality within thelabour market and workplaces. There is aTripartite Committee made up of LabourUnions, the Government and Private EmployersFederation which determines the MinimumWage through Collective Bargaining andAgreement.
The Labour Act is gender responsive andprotects both men and women though there arespecific parts addressing, particularly Part 6,which addresses women related issues in theareas of maternity. This provides for securedmaternity leave with pay in addition to annualleave, casual leave, and concessional leaves.There is specific provision for avoidinghazardous tasks during pregnancy whichincludes reassigning that pregnant femaleemployee when necessary. Overtime work andnight duties are prohibited for pregnant women.The Labour Act also encourages employers todesignate venues for lactating mothers tobreastfeed their babies in addition to lesserhours of work six months post maternity leave.
34
TheArticle
Number
The ArticleContent
AssessmentQuestions
Situation /Reality Report Score
13 (m)
TOTALSCORE35POINTS(100)%
Take effectivelegislative andadministrativemeasures to prevent theexploitation and abuseof women inadvertising andpornography.
Does the lawregulatingadvertisementrecognize theprovision of thearticle? Is thisreflected in thecontent ofadvertisement in thecountry?
There is no law regulatingadvertising. Theadvertising bill is stillwaiting to be passed byparliament.
0
24POINTS
70.58%
The Labour Commission is established foremployees to seek redress in the event ofviolation, including unwarranted transfers anddismissals. All the parts of the Labour Law aresupposed to protect all categories of workincluding equal pay for equal work and ensuresnon-discrimination on basis of sex.
Gap: Most organizations are ignoring thelabour law and committing human rightsviolations against women especially in thecases of pregnancy.
Secondly, most women are not aware of theirrights and the labour law.
Recommendation1. Organizations must establish child bases
for women to be able to breastfeed theirbabies since the labour law gives lactatingmothers the right to breastfeed.
2. Heads of departments should make femalestaff aware of the policies and regulationsregarding child birth in the public and civilservice.
Article 13(b): Promote the right to equalremuneration for jobs of equal value forwomen and menAre there labour practices that work againstthese article in private and public institutions?
The labour law in principles protects bothfemale and male employees however inpractice there are variations. The form ofemployment is key ensuring or undermining theprovisions in the Law relating to the Articleunder discussions. Private employers adopt thecasual and contract work practice whichnormally do not guarantee security of jobs andentitlements for women.
Gap: The general lack of knowledge of the lawon equal remuneration for jobs always putswomen at a disadvantaged position. Further tothis women are mostly at the bottom of theemployment structure, as such do not always
receive same amount of money as their malecounterparts.
Recommendation1. There must be proactive programme to
strategically educate women targeting youngwomen job seekers and those immediatelyout of school.
2. Organizations that violate the provisions ofthe labour act to ensure equal pay for equalwork must be sanctioned.
Article 13(c): Ensure transparency inrecruitment, promotion and dismissal ofwomen and combat and punish sexualharassment in the workplaceDoes the Public service career managementsystem contain all the elements of this article?How is Sexual harassment handled in publicinstitutions? Is there a complaint and redressmechanism in place?
There is no specific law on ways of handlingcases of sexual harassment at the work place inthe Labour Law except in the DomesticViolence Act of 2007. It is inadequate toaddress all cases of sexual harassment againstwomen at the work place as it may lead toadversity on the employment of women. Thelabour act addresses sexual harassment but doesnot show how it should be handled.Organizations are required to address sexualharassment. However any case of administrativeand work related discomfort including sexualharassment could be dealt with at theCommission on Human Rights andAdministrative Justice, the National LabourCommission or at Court.
Gap: Absence of unions in some work placesmay not help in addressing issues pertaining towomen. The Labour Centre is under resourcedto carry out its responsibilities effectively.
Recommendation1. Law alone is not enough to regulate the
employment, resourcing the labour
35
regulating agencies will enhance thelabour and employment sector.
2. Organizations must implement and bringout laws to handle and address sexualharassment at the workplace.
Case study: Court orders Fire Service toreinstate two employees sacked for gettingpregnant - https://www.ghanabusinessnews.com/2018/04/27/court-orders-fire-service-to-reinstate-two-employees-sacked-for-getting-pregnant/
Article 13(d) Guarantee women the freedomto choose their own occupations and protectthem from exploitation from their employersviolating and exploiting their fundamentalhuman rights as recognized and guaranteedby conventions, laws and regulations inforce.Are there professional practices or associationsthat discriminate against? Are there professionor career entry barriers targeted at women? Isthere any agency in place set up to reviewunethical practices?
The Labour law in article 127 makes provisionfor unfair labour practices, however thisprovision does not necessarily include issuesthat affect women. In several organizations bothin the private sector and public sector, there areunwritten rules that require women not to getpregnant during the first two or three yearswhen they are employed. The Commission forHuman Rights and Administrative Justice(CHRAJ) is the agency set up by thegovernment to address unethical administrativeand labour practices.
Gap: A lack of uniformity between the nationallabour law and laws of public and privateorganizations and failure of the labour law toaddress career entry barriers targeted at women.
RecommendationThe labour law must be amended to providelaws that address the career entry barriers
targeted at women.
13 (e) Create conditions to promote andsupport the occupations and economicactivities of women in particular, within theinformal sector;Are there initiatives, programmes and policiestargeted at women in business especiallyinformal sector such as women credit supportprogrammes, training in entrepreneurshipdevelopment, women cooperative societies?Are women able to access these services withease? Are there special programmes for thewomen in the rural areas?
Ghana’s informal sector is largely made up ofwomen. More than 80% of the Ghanaianpopulation can be found in the informal sector.The informal sector is characterized byirregular income, job insecurity, lack of capitaland there are no access to basic protections andservices of the state mostly because they do notcontribute to the national tax revenue. Someprivate financial institutions have credit supportprogrammes for these women to have access to.Unfortunately, some of these financialinstitutions have no legal backing and abscondwith the hard earned monies of these women.However, government has initiatives such asMicro and Small Loans Centre (MASLOC) andNational Board for Small Scale Industries(NBSSI).
Gaps: A lack of knowledge and awareness ofthese initiatives by government for informalsector women.
Recommendations1. A strengthening of the council of informal
workers association in order to advocatefor the rights of its members.
2. Expand sensitization on governmentprogrammes so that they can reach moreinformal sector women.
13(f) Establish a system of protection andsocial insurance for women working in the
36
informal sector and sensitize them to adhereto it;
Is there a social insurance scheme for womenworking in the informal sector? Are womenaware of its existence? Is there any evidence toprove this? What is the percentage coverage?
The Social Security and National InsuranceTrust (SSNIT) in 2009 introduced the InformalSector Fund to cater and provide socialprotection to workers in the informal sector.The SSNIT formerly did not cover theseworkers because their patterns of income wereirregular and unpredictable. Most women arenot aware of the existence of this policy due toa lack of sensitization and public awareness.Due to this about 56.3% of informal workers donot contribute to the informal sector fund TheFund itself was inactive for four years. In 2017,the Minister of Finance promised to ensure thereactivation of the SSNIT Informal sectorpension scheme.
Gaps: 1. Lack of government commitmenttowards reactivation of the fund.
2. A lack of public awareness andsensitization about the existence of theInformal Sector Fund.
Recommendations1. Government must commit to the reactivation
of the fund.
2. Government must create public awarenessand sensitization about the Informal sectorfund. This sensitization must vigorouslytarget women since they make up a largepercentage of the informal sector.
13(g) Introduce a minimum age for workand prohibit the employment of childrenbelow that age and prohibit, combat andpunish all forms of exploitation of children,especially the girl.
Is there a Child Right law or has the countrysigned the optional protocol on the right of thechild? Are the provisions of this articleadequately reflected in the law? Does the labourlaw recognize and contain the provisions of thisarticle?
Ghana has a Children’s Act (1998). Ghanaratified the UN convention on the rights of thechild in 1990. Ghana has ratified the optionalprotocol on the right of the child on theinvolvement of children in armed conflict(2014).
Ghana is yet to ratify the optional protocol onthe rights of the child on the sale of children,child prostitution and child pornography. TheChildren’s Act minimum age for workingchildren is 15 years. The maximum age is 18.Employers are not allowed to engage childrenin exploitative labour which deprives childrenof education, health care and development. Thelabour law recognizes this but does not stateclearly the age groups referred to as youngpersons. Though such laws exist, children arestill exploited and used for hazardous work inindustries like domestic work, mining, fishingand agriculture.
Gaps: A lack of implementation of theChildren’s Act.
Recommendations1. Punitive measures must be taken against
persons who exploit young children forlabour.
2. Labour law must be amended so that theissue of young persons is made clear.
13(h) Take the necessary measures torecognize the economic value of the work ofwomen in the home.Is there a policy on unpaid care work? Does theNational Accounting System recognize economicvalue of women’s work at home?
Ghana has no policy on unpaid care work andit is not recognized. Women’s work at homesuch as child rearing, cooking, shoppingamongst others are not recognized as economiccontributions.
37
Gaps: Women’s unpaid care work is notrecognized as an economic activity
Recommendations1. CSOs must sensitize government agencies
in charge of women’s issues about unpaidcare work.
2. Introduction of policies to recognize unpaidcare work.
13(i) Guarantee adequate paid pre and postnatal maternity leave in both the private andpublic sectors.Does the labour law and practices adequatelyrespond to this article? Are there provisions tosanction establishments that have not adoptedthis principle?
In the Labour law a woman worker onproduction of a medical certificate issued by adoctor or mid wife indicating the expected dateof her confinement is entitled to a period ofmaternity leave of at least 12 weeks in additionto any period of annual leave she is entitledafter her period of confinement. During thisperiod of confinement she is entitled to her pay.
Likewise a woman on maternity leave isentitled to be paid her full remuneration andother benefits to which she is entitled. Thereare provisions to sanction establishments oncea formal complaint is made to the LabourCommission.
Gaps: 1. Termination of appointments ofnursing mothers in some private establishments.
2. Affected women fail to report to theLabour Commission due to a lack ofsensitization.
Recommendations1. The Labour Commission must give stiffer
punishments to offending organizations.
2. The Commission must also be adequatelyresourced in order to fulfil its mandate.
13(j) Ensure the equal application oftaxation laws to women and men.Is there a discriminatory tax regime in yourcountry? If yes, is it against or in favour ofwomen?
Ghana’s tax laws are not discriminatory,however district assemblies are given theresponsibility to tax market women and otherinformal sector women in the various districtsand municipal assemblies. These localgovernment agencies on occasion charge thesewomen illegal taxes.
13 (k) Recognize and enforce the right ofsalaried women to the same allowancesDoes the labour law recognize and practice theprovisions of this article? Can this be verifiedfrom women leaders? Are there glaring cases ofdiscrimination against women on this issue?
Article 68 of the labour law makes provisionfor all workers to receive equal pay for equalwork without discrimination. The Single SpineSalary structure also ensures equal pay for allworkers both male and female in thegovernment sector. Ghana has also ratified theILO convention that promotes equality. Theprivate sector does not have this and that makesthe system unequal.
Women are not paid equally to men in someestablishments even though they have the samequalifications.
Gaps:1. Unequal pay gaps between menand women in the private sector.
2. Lack of knowledge on economic rightsputs women at a disadvantaged position.
3. Negotiation for equal pay may put womenat a disadvantage.
Recommendations1. Advocacy for the creation of an equal
salary structure in the private sector.
2. The National Labour Commission mustbe equipped with the resources to addressthis issue.
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13 (L) Recognize that both parents bear theprimary responsibility for the upbringingand development of children and that this isa social function for which the state andprivate sector have secondary responsibility.Are there laws or mechanisms that deals withabdication of family roles and responsibilities?Is the law effective? Are there cases ofprosecution? How does this law deal withtraditional patriarchal culture of maledomination?
There is a Child and Family Welfare Policydeveloped in 2015. The Children’s Act of 1998also makes this provision for the prosecution ofparents who abdicate their roles. According toan official from the Ministry of Gender saysthis law has been effective. The DomesticViolence an However, there are no recordsavailable to show if this has been done. The lawallows for men to be prosecuted despite culturalnorms that allows patriarchy and maledomination.
13(m) Take effective legislative andadministrative measures to prevent theexploitation and abuse of women in advertisingand pornography.Does the law regulating advertisementrecognize the provision of the article? Is thisreflected in the content of advertisement in thecountry?
Currently, Ghana has no existing lawsregulating advertising even though there is anassociation of advertisers in Ghana. Theadvertising bill was laid before the previousparliament but could not be passed because thelast Parliament was dissolved. The advertisersassociation is pushing for the bill to be laid inthe current parliament.
Gaps: Advertising bill is yet to be laid in thecurrent parliament.
RecommendationsParliament must pass the Advertising bill toensure regulation and sanity in the advertisingspace.
POSSIBLE AREAS FOR FUTUREADVOCACY.• Recognition of unpaid care work
• Advocacy for the reactivation of the informalsector fund.
• Advocacy for the passage of the advertisingbill.
• Advocate for fair taxes for informal womenin the various districts.
• Advocacy for equal pay for equal work in theprivate sector.
• Amendment of the labour law to cater forbarriers to women’s entry.
• Labour laws should be made available in locallanguages for illiterate women to have access.
• Expand sensitization on government projectsfor women in the informal sector.
• Provision of child care centers in organizationsfor women to able to breast feed and haveaccess to their kids.
CONCLUSIONSThe Maputo Protocol score card is an effectivemonitoring system for national governments tohonour their human rights responsibilities towomen and girls who are some of the mostvulnerable groups in our populations.
Through this score system, we have been ableto identify areas that must be strengthened bythe Ghanaian government. Unfortunately,government cannot do this alone and CSOsmust come on board to help governmentimplement the human rights articles in theprotocol to ensure the welfare of women andgirls in our countries. Without ensuring therights of these fundamental groups of people,development on our continent will continue tolag behind.
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