SIAKON MEDIA

Absence of LI impedes effective implementation of DV Act

She was concerned that three years after the passage of the DV Act challenges still persist with its effective implementation because there is no Legislative Instrument (LI) to aid its enactment.

She lamented that legal aid is constrained as many victims do not get access to justice; no counseling services are provided and the police, precisely the Domestic Violence and Victims Support Unit (DOVVSU), have limited logistics to work.

"There is no legislative instrument although it is critical to operationalize the DV Act. That is why ActionAid works with its partners to promote the rights of women and girls through services such as counseling to reduce the post traumatic stress disorder".

She was speaking at a policy advocacy forum under the theme, "Implementation of the Domestic Violence Act, 2007, Act 732; Are we there yet?" in Accra organized by ActionAid Ghana and the Ark Foundation, Ghana.

It was to afford participants the chance to discuss issues affecting the implementation of the Act that need attention and was expected to culminate in the development of a road map to address identified issues.

Mrs. Kwateng-Kluvitse observed that domestic violence (DV) is still widespread and affects primarily over 90% of women and girls and other vulnerable groups such as the elderly and persons with disabilities; all because of traditional male dominance and other negative cultural practices that are so entrenched in society.

The DV Act 2007 (Act 732) seeks to provide protection from domestic violence for particularly women and children. It is also to provide access to justice through processes that enable people to have their rights protected by putting in place laws, as well as, identify obstacles to justice and remove them.

Mrs. Kwateng-Kluvitse proposed that even in the absence of a Legislative Instrument (LI) to implement the DV Act, measures must be put in place to enable victims of domestic violence to access free medical care to enhance prosecution.

Under Section 41 of the DV Act, the Ministry of Women and Children Affairs (MOWAC) and the Ministry of Justice are enjoined to prepare regulations to implement the Act.

For now, a National Policy and Plan of Action has been developed to operationalize the DV Act, and a DV National Secretariat with a management board has been set up, comprising representatives from MDAs and CSOs.

The forum deduced that although civil society played a critical role in the enactment of the Act, it has not followed suit with advocacy/campaign on the need to form a team/committee to draft inputs into the LI to be submitted to the Attorney General's Department (AGD).

Flowing from that, shelter to be provided by government for victims of DV has not materialized while issue of specialized court is said to be under consideration.

Making a presentation on "Access to Justice and the Need for Subsidiary Legislations", Mrs. Sheila Menka-Premo of Apex Law Consult corroborated the absence of legislation is a key impediment to effective implementation of the DV Act.

"The drafting of LI must be treated with urgency so it will become a reality within the shortest time. An LI is crucial because it comes with resources that will ensure that intended beneficiaries are not denied full access to the law."

Dr. J.B. Clayman, Medical Superintendent of Ga West Municipal Hospital, Amasaman shared a doctor's experience of working with the DV Act without an LI.

He disclosed that although the law has been around for three years, most health workers are not yet sensitized and therefore not equipped to attend to victims of domestic violence.

He said the catalytic conditions that ought to be in place were grossly lacking, making things difficult and even sometimes discouraging even the highly sensitized health worker from giving his or her maximum best to assist victims.

Dr. Clayman noted that under section 6(3) of the DV Act, a social worker, probation officer or health care provider shall file a complaint about DV where the intervention is in the interest of the victim.

"The question to ask is, is there an intervention to stop an abuse that is not in the interest of the victim? It is heartbreaking as a doctor, more so a gynaecologist when clients come to you and you see abnormal scars over their bodies at various stages of healing which you know can't be involvement in a road traffic accident but you can not do anything about it", he lamented.

He ended that for effective assistance of victims of DV and the bringing of perpetrators to book, the various instruments need to be put in place without further delay. This is because when dealing with any public health hazard, any delay can be catastrophic and we dare not exclude domestic violence.

Mr. Henry Tackie, a Principal State Attorney of the AGD, recalled that Section 42 indicates that MOWAC is required to take the necessary steps to generate and gather or collate the relevant information which will form the instructions for the drafting of regulations for the Act.

He admitted that although MOWAC early 2009 wrote to the Ministry of Justice to make regulations for the Act, it failed to give instructions for the drafting. MOWAC was therefore advised to make the necessary consultations to generate the information that is required as drafting instructions.

According to Mr. Tackie, an examination of the matters required to be prescribed by regulations clearly show that those matters are cross-sectoral in nature such that MOWAC by itself cannot generate drafting instruction on all those matters.

"The Ministry will need to enter into consultation with the Department of Social Welfare, Ministry of Health and Ghana Health Service, Ministry of Finance and Economic Planning, the Police Service and NGOs in order to develop the processes and procedures required for each matter that has to be prescribed by regulations and it is these processes and procedures which will form the basis of the drafting instructions".

He added that until consultations are held to determine the processes and procedures required for each matter to be prescribed by regulations, no drafting instruments can be prepared and no Regulation can be prepared.

"The sooner the consultations are initiated the better it will be for Regulations to be drafted", he added.

The forum resolved to follow up on a DV - LI working group comprising representatives from the Police service, AG's Department, the Judiciary, Education Service, MOWAC, Department of Social Welfare, NGOs and Clinical Psychologist.

Minister of Women and Children Affairs, Mrs. Juliana Azumah "-Mensah assured that in spite of public perception that MOWAC has been slow in the implementation process, it is doing its best in all regards.

"The management board is working hard and members are all supporting in various ways with their ideas and expertise. As partners, collaborators and stakeholders, let us all get on board and fight against DV in our own small ways. MOWAC and the DV Secretariat are ever ready to take your suggestions and put them into practice".

She requested all agencies involved in working on domestic violence issues to endeavour to consult the MOWAC to avoid duplication of programmes and activities.


Author: Ama A.A.Baafi & Cindy D.M.Asamoah/Public Agenda