Thursday, March 27, 2008

Improving women’s access to justice-

Article: Salome Donkor
The issue of three ‘royal’ widows of Mo who have undergone widowhood rites for more than nine years as a result of a feud between three gates of the Mo Stool, which has been pending before the Brong Ahafo Regional House of Chiefs for nine years, continues to draw condemnation from human rights advocates.
The widowhood rites would end only when a new chief is installed to perform the final funeral rites of the late chief, Nana Kwaku Dimpo.
The Member of Parliament (MP) for Kintampo North, Mr Stephen Kunsu, reportedly described the practice being perpetrated in the name of culture, as inhuman and said it had brought to the fore the need for negative aspects of the country’s culture to be discarded.
Despite constitutional provisions that guarantee the rights of men, women and children, a number of women continue to be falsely accused and incarcerated in “witches’ camps” or “prayer camps” where they are held to “deliver” them of evil spirits.
These seem to give credence to the assertion that women as daughters, mothers and wives face several challenges in their efforts to access justice in both rural and urban areas due to a number of factors such as illiteracy and poverty.
The Women in Law and Development in Africa (WiLDAF) Ghana maintains that whether they come from a matrilineal or a patrimonial family background, women go through daunting challenges within the country’s existing legal systems to get justice.
This, the organisation says, is in relation to matters concerning domestic violence, property acquired with a partner or entitlement due to inheritance, access and control to land or relating to a third party seeking maintenance, custody or paternity of a child.
Within the government’s development agenda and various international agreements, one critical factor that requires consideration is women’s access to justice.
According to WiLDAF, under the country’s plural legal system where both customary and statutory laws work side by side to offer flexibility and individual choice, the ordinary woman is confused because she is often unsure which system of justice she should pursue. For a woman in the rural area, her best option is to use the customary legal system, which in most cases is “patently patriarchal and often not in her favour”.
Should she choose the state legal system, she is confronted with challenges of physical access to a court of law and low economic power to hire the services of a legal practitioner.
Access to justice has many components and WiLDAF talks about three. The first is access to government or civil society sponsored legal aid services, which include access to information about legal rights and responsibilities, legal counselling, advice and representation, physical access to structures and mechanisms and the application of constitutional provisions on human rights and legislation to ensure justice for all manner of persons, irrespective of their social, political, economic or cultural standing.
To deliberate on the challenges associated with women’s access to justice, WiLDAF Ghana, in conjunction with the Commission on Human Rights and Administrative Justice (CHRAJ) and the Federation of Women Lawyers (FIDA) organised a dialogue in Accra to focus on the special case of women and their access to justice. Similar dialogues will be organised in Kumasi and Takoradi.
Linked to these discussions, the dialogues will also focus on how women’s access to justice affects their participation in the country’s development process, and focus on women as a special group because of the challenges that confront them in their daily quest for justice in one conflict or the other.
To critically examine a number of important concerns within the country’s legal system, presentations by the panellists at the forum in Accra touched on topics including women seeking State Legal Aid Services: Successes and challenges; the role of Muslim and Christian religions in women’s access to justice; promoting Alternative Dispute Resolution in Ghana - Implications for women’s access to justice and the “Police Service Ensuring Women have Access to Justice, Gains and Challenges”.
Deliberating on the topics, the issue of settling disputes amicably at the community level with the involvement of Female Traditional Leaders (FTL) to safeguard the interest of women, cropped up and that also led to the essence of setting up Community Mediation Centres (CMCs) in parts of the country.
A write-up on CMCs states that they provide a platform where individuals or groups in dispute could resolve the dispute with the assistance of a trained third party neutral, referred as the Mediator.
The CMC is the initiative of the Legal Aid Scheme, with support from the United Nations Development Programme (UNDP).
The centres handle civil cases such as tenancy issues, employment disputes, family conflicts, maintenance and custody of children and such minor criminal cases that are permitted under the law such as assaults, acts tending to disturb peace, neglect of dependants and cases referred by the police, the courts and other social service providers.
The objective of the CMCs is to offer an alternative to adversarial, cumbersome and expensive means of conflict resolution to improve access to justice for all people within the community and to create awareness about mediation centres as a preferred alternative to the centres.
All these are geared towards promoting peaceful co-existence among members of the community, facilitating communication between those engaged in dispute and providing dispute resolution centres in the communities in order to offer the platform for those engaged in dispute to create their own solutions to their differences.
Dwelling more on promoting Alternative Dispute Resolution in Ghana and its implications for women’s access to justice, a Senior Lecturer at the Faculty of Law, University of Ghana, Legon, Dr Kwadwo Arua-Appiagyei, said both the normal legal system and the traditional system of justice have not helped much in the promotion of women’s access to justice.
He explained that the problem with the traditional system of justice is that it operates in a society that is patriarchy controlled while the normal legal system is slow and complex and discourages women, especially those in the rural areas, from seeking justice under the system.
He said the next alternative is to widen the scope of Alternative Dispute Resolution and give gender training to the adjudicators to make them effective in promoting women’s access to justice.
The participants, however, cautioned that criminal cases, such as rape, defilement and incest are not to be dealt with under the traditional dispute resolution system but by the law courts.
The non-governmental organisations should help in training traditional leaders to appreciate the need not to mediate in such cases. They also called for the empowerment of women financially to address concerns that are raised by some family members in relation to the upkeep of children when a spouse is convicted for a criminal offence.
They also called for an end to trial by ordeal under the traditional mediation scheme since it infringes on the fundamental human rights of victims.
The Ameer of the Ahmadiyya Mission, Maulvi A. Wahab Adam, shared his thoughts on Islam’s attitude towards women’s rights and the role of the Muslim religion in women’s access to justice in an address read on his behalf by Amtush Shakoor Karim, a lecturer at the University of Ghana.
He said certain precepts and practices of present day Muslims cannot be said to represent the letter and spirit of the Shariah.
He made reference to Safiah, who was accused of adultery by a Shariah Court in Nigeria, which claimed that in Islam, punishment for adultery is death by stoning.
He said although he made a demand on all Muslim scholars and jurists in Ghana and across the world to cite one single verse of the Holy Qur’an to support their contention, since 2002, not a single verse had been cited from the Holy Qur’an to substantiate that claim until today and questioned the basis upon which Safiah was sentenced to death by stoning in the name of Islam.
He maintained that if the claim was true then justice demanded that the man who impregnated Safiah should also be stoned to death, but ironically, there was complete silence on that aspect of the prescribed punishment.
He stressed that severe sanctions, including suspension from the community, and where necessary, ex-communication await intransigent men and women.
In her presentation, the Queen of Juansa, Nana Afrakoma Boatemma, who touched on some challenges facing women who seek redress to disputes under the customary law, said in family related cases, the customary process for the resolution of such disputes are mediation and arbitration.
She said considering the cost of accessing the courts, especially for women, most of whom are poor and not well educated, there is the need to strengthen the ability of traditional authorities and sharpen their skills in dispute settlement to enable them mediate effectively in such matters, and generate their interest in such cases as well as to make their views heard.
In her presentation, Chief Superintendent (Mrs) Jessie Borquaye, Accra Regional Co-ordinator of the Domestic Violence and Victims Support Unit (DOVVSU) of the Ghana Police Service said the unit seeks, through its outreach programmes, to prevent crimes against women by educating them on their rights, what constitutes domestic violence, how to identify potential perpetrators and where to locate DOVVSU .
She said one major challenge facing the unit is that some women who report cases at against their husbands turn round to beg for their release and this happens when especially, family or church elders meet and the women are compensated and also advised to forgive the men for the sake of their children.

Wednesday, March 26, 2008

Making aid responsive to gender needs - The EC/UN Partnership

03/20/08
Article: Salome Donkor
It is widely acknowledged that gender equality is not only crucial in itself but is a fundamental human right and a question of social justice.
The United Nations Fund for Women (UNIFEM) recognises that women will only benefit from the new aid architecture if gender equality is recognised as a key component of poverty reduction and national development.
Evidence however shows that gender equality has not fared well in the broader aid effectiveness agenda. The Head of Delegation of the European Commission (EC) to Ghana, Mr Filiberto Ceriani, at the launch of an EC/UN Partnership on Gender Equality for Development and Peace in Accra recently maintained that gender inequalities are still ingrained in the cultural, social and political systems of many countries.
To make national development agenda responsive to gender parity and women’s needs and to push forward the agenda of the new aid architecture, the last five years have been marked by a number of global initiatives and commitment to improve on the use of aid in developing economies and ensure that increased levels of aid effectively address today’s development challenges.
Mention could be made of the Millennium Development Goals (MDGs) that commit developed and developing countries to meeting the needs of the word’s poorest by 2015 and the Monterey Consensus that established ownership, alignment and harmonisation in development assistance.
Furthermore the 2004 Marrakech Roundtable on Managing for Development Results that established aid effectiveness and increases in its volume and the most recently adopted Paris Declaration on Aid Effectiveness in March 2005, are both geared towards aid effectiveness.
The link between these commitments and the visionary promises made by countries to advance gender equality in the Beijing Platform for Action (BPFA), the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) and the Millennium Development Goals (MDG) and Security Council Resolution 1325 needs to be clarified and strengthened.
The ten-year review of the BPFA and the five-year review of Resolution 1325 affirmed that commitments to gender equality were not matched by concerted or consistent implementation or by financial support through official development assistance or government budgets.
To address these challenges and to ensure that gender equality is at the heart of all development policy to achieve aid effectiveness has resulted in a landmark initiative that has brought together the EC, UNIFEM and the International Training Centre of the International Labour Organisation (ILO), in the EC/UN Partnership on Gender Equality for Development and Peace.
Ghana is one of the 12 countries chosen to pilot the EC/UN Partnership. The other countries are Cameroon, The Democratic Republic of Congo, Ethiopia, Ghana, Honduras, Indonesia, Kyrgyzstan, Napal, Nicaragua, Papua New Guinea, Suriname and the Ukraine.
The initiative involves the identification of strategies to support and strengthen national planning processes and consultations on gender and aid effectiveness in 12 countries, with representatives from government, national women’s machineries, NGOs, EC delegations and multilateral organisations, including UN Country Teams.
In Ghana, the Partnership is also to expand capacities of gender equality advocates and experts to promote greater responsiveness to gender equality in aid effectiveness processes, in the lead up to and following the 2008 Ghana High-level Forum on Aid Effectiveness.
It is being implemented in response to the International Donor Community’s new “Development Consensus” that seeks to address aid effectiveness and gender equality in the country’s national development planning and implementation process.
The project which is a follow-up to a crucial conference that was jointly organised by the EU/UNIFEM in November 2005, aims at mainstreaming gender parity issues and other pro-poor interventions in the national development framework to address the plight of women and the “vulnerable” in society.
The launch of the programme in Ghana was also used to present a mapping study by the EC/UN Partnership on Gender Equality for peace and Development.
The study looked at the status of women and gender equality in Ghana, aid to Ghana, aid modalities, alignment, ownership, harmonisation, managing for results and mutual accountability.
The report of the study, which was presented by Ms Afua Ansre, National Programme Co-ordinator of UNIFEM, called on the government and donors to ensure that the Ghana Joint Assistance Strategy, which is to operate from 2007-2010, presents an example of how harmonisation might work for gender equality.
It also urged the government to increase support to the Ministry of Women and Children’s Affairs and called on donors to revitalise their gender mainstreaming approached to ensure that gender is not disappearing from projects and sector and budget programmes
The various speakers emphasised that making aid responsive to gender needs in responsive budgeting, would help governments to probe into whether men and women fared differently under existing revenue and expenditure patterns.
This they maintained, will provide the government the opportunity to understand and appreciate how various social groups responded differently to development policy change over time.
The Chief Advisor to the President, Mrs Mary Chinery-Hesse, who launched the programme, underlined the need for such a mapping study to take into account both the paid and unpaid economic contributions of women.
She mentioned that the work of women within the household or community, such us the upbringing of children, nursing the sick and elderly, managing household resources and consumption, protecting the environment should be acknowledged in addition to those activities that are ultimately reflect in market transaction which tend to be captured by national statistics.
The importance of ensuring that the new aid modalities empower women, by making gender equality a core value and goal at all levels of development co-operation, is significant and it is important that gender equality and women’s empowerment will be the basis for greater co-ordination among donors and increased ownership of development processes by national governments.

Sunday, March 16, 2008

ActionAid advances women’s empowerment

15/03/08
Article: Salome Donkor
A major commitment of a number of governmental and non-governmental organisations and human rights advocacy groups is to design sustainable interventions to help bring about qualitative improvements in the lives of the people.
They do so by using the rights-based advocacy strategies to ensure that the different needs of various social groups; men and women, and particularly the most vulnerable groups in the society, especially women and children, are met.
One organisation that has made strides in this area by advancing women’s empowerment programmes is the ActionAid Ghana (AAG), which has worked mainly with the poor and vulnerable people in deprived communities in the country since the inception of its Country Programme in 1990, with the aim of ensuring food security and improving their livelihoods.
The key focus of attention of the operation of sector policies of AAG, an affiliate of ActionAid International (AAI), is in the areas of education, health and women’s rights. Its programmes are implemented using advocacy strategies designed to hold government and governmental agencies accountable to the communities.
Operating in collaboration with the Ministry of Women and Children’s Affairs, Ark Foundation, Abantu for Development and other civil society organisations in the main thematic areas, AAG works in six regions in the country, namely Greater Accra, Volta, Northern, Brong Ahafo, Upper East and Upper West regions.
In each of the regions, AAG helps in building the capacity of people to strengthen their institutional capacities to implement effective strategies, focusing on small scale farmers, particularly women.
This is in view of the recognition that despite being the producers of food, women are said to have limited access to productive resources and majority of them remain below the poverty line.
Women’s rights activities recorded the highest expenditure for 2006 as against education since the inception of the Country Programme (CP) in 1990 and this was meant to promote women’s empowerment to address issues of inequalities affecting women, especially in the areas of leadership.
Briefing the Daily Graphic on the operations of the organisation over the years and strategies for the future, the country Director of AAG, Mrs Adwoa Kwateng-Kluvitse, said the advancement of women’s rights remained a key issue on the organisation’s agenda and that this was promoted through its community advocacy work with its related partners and community organisations.
She said in all these regions, women’s issues are taken on board through training programmes for community partners in the six regions to ensure that they were more sustainable.
Consequently, in 2006, AAG concentrated its work on neatly packaged priority themes of education, women’s rights and food rights, using various methodologies to assist communities to facilitate processes that would lead to their collective development. It also worked, to some extent, on HIV/AIDS and in human security in conflict and emergency situations.
Mrs Kwateng-Kluvitse said it was important that women knew their rights and demanded that what was enshrined in the country’s Constitution was implemented to safeguard their rights.
As part of its work on women’s rights, AAG has been working closely with individual women and women’s networks to encourage women to contest in elections. A significant proportion of the organisation’s support to women involved getting them to see themselves as worthy of public decision making positions.
Mrs Kwateng-Kluvitse touched on some negative traditional practices and mentioned the issue of witches camps that operated in some parts of the country.
She described the issue as difficult and complex and said the underpinning power dynamics of the problem needed to be looked at, by examining the expressed needs of women and children in these camps, and drawing up relevant interventions to save them, considering the fact that some of them did not want to go back home.
In the same vein, AAG organises annual Girls Camp, participated in by young girls from all the regions for 10 days, to expose them to women mentors, including doctors, lawyers, broadcasters, nurses and other professionals, to inspire them to aspire to greater heights and make them focus well academically.
The camp had been running for the past five years and every year 100 participants are assembled at the Achimota School. She said the number of the participants for last year increased to 120 following additional 20 delegates brought in by Plan Ghana to build the confidence of the girls to re-orient their minds as to what they wanted to do in future.
Similarly, in the Upper East Region, a local partner of AAG also trained 20 women in bread baking and cloth weaving and provided them with ovens, weavers and an amount of GH¢60 each to start their new businesses.
She said through education and enlightenment, the roles of queens were being modernised and given the value that they deserved. In that respect, AAG has also been able to involve queens in the Greater Accra Region in alternative dispute resolution (ADR) mechanisms after the system was first launched at Mayera, near Nsawan, last year, adding that the impact had been positive with the courts getting some people to resort to ADR.
As part of its accountability process, AAG began to adopt an honest, regular and qualitative process of sharing and learning encouraged at all levels, thereby enhancing transparency and mutual respect.
She said the organisation was willing to open itself up to its beneficiary communities and consequently, Accountability Notice Boards had been erected in the communities to display and make transparent the work the organisation had been doing, especially how funds raised were used, with an avenue being created for feedback.
According to the Country Director, ActionAid Ghana had been working with networks of Persons Living with HIV and AIDS in its operational regions to reduce the rate of discrimination and rights violations and mentioned in particular the Association of People Living With AIDS (NAP+).
She said these programme had helped to strengthen their stature and encouraged them to overcome the high level of stigmatisation.
Since women and children are disproportionately affected in disasters, AAG launched a disaster risk reduction survey to assess the impact of the floods in parts of the northern regions last year, purposely to enhance community resilience.
Mrs Kwateng-Kluvitse said there was the need for a medium to long-term response to the plight of farmers in the affected regions for the next planting season to ensure that their farming activities were not affected.
She said the Ministry of Food and Agriculture needed to consider providing planting materials to farmers at subsidised rates and pointed out that AAG was seeking funding to provide seedlings for the farmers free of charge.
“As a country, we need to add value to our primary products and address the issue of post-harvest losses to end poverty. By so doing, we can protect the most vulnerable communities and attain a hunger-free society in 2015, in furtherance of the MDGs,” she said.
She said challenges facing the organisation were enormous but not surmountable, adding that “my team is succeeding in the face of the challenges due to co-operation and hard work from all the staff”.

Thursday, March 6, 2008

Women’s role in Ghana’s politics

Article: Salome Donkor
The role of women in politics and public office is one of the current burning governance issues because of the perceived and acknowledged potential and contribution of women to governance processes.
A recent study by Dr Beatrix Allah-Mensah of the Political Science Department of the University of Ghana, Legon, on Women in Politics and Public Life indicated that there was ample evidence to substantiate the indispensable role women played in the prelude to independence and immediately after.
The study said the role of women was evident in the support given to the main political party of the time, the Convention People’s Party (CPP), and it is on record that women traders were keen supporters of the CPP government and that the women also offered financial assistance and supportive services.
That was largely responsible for the development of women’s sections or wings of the party and also the organisation of the youth league.
The CPP leadership, therefore, took that initiative and effort seriously and institutionalised it by making constitutional provisions for a women’s league at branch and ward levels as the main organising framework for women in the party.
Other studies indicate that women were efficient organisers who could bring thousands of people together for a rally at the shortest possible notice.
It was, therefore, not surprising that the CPP gave credit to the women for the internal solidarity, cohesion and success of the party.
A paper written by Ms Joyce Rosalind Aryee, the Chief Executive Officer of the Ghana Chamber of Mines, on the Contributions of Women to Ghana’s Independence and Democratic Governance, dated March 2007 and quoted in the study by Dr Allah-Mensah, pointed out that Dr Kwame Nkrumah’s political success was based on the foundation set for women by the CPP.
The paper, however, observed that the contributions of women to Ghana’s independence struggle and democratic governance were trivially handled by historians and political scientists.
It said in 1949, many benevolent and mutual associations, credit unions and market women’s voluntary groups sprang up and became staunch supporters of Dr Nkrumah and the CPP. It said those associations, though they were not at the forefront of the independence struggle, were involved in activities which were politically significant.
The contribution of women to the political struggle caught the eyes of the leadership of the CPP and by May 1951 the party had appointed four women, namely, Letitia Quaye, Miss Sophia Doku, Hannah Cudjoe and Ama Nkrumah, as propaganda secretaries charged with the duty of organising women.
The paper also touched on the contribution of women to Ghanaian politics after independence and indicated that that became more prominent, resulting in the introduction of the Representation of the People (Women Members) Bill in 1960.
The bill was passed and it received the Governor-General’s assent on June 16, 1960.
Through that act, 10 women were elected unopposed as Members of Parliament (MPs) in June 1960. They were Susana Al-Hassan, Ayanori Bukari and Victoria Nyarko, all representing the Northern Region, Sophia Doku and Mary Koranteng, Eastern Region, and Regina Asamany, Volta Region.
The rest were Grace Ayensu and Christiana Wilmot, Western Region, Comfort Asamoah, Ashanti Region, and Lucy Anim, Brong Ahafo.
In 1965, Dr Nkrumah appointed Madam Susan Al-Hassan as the Minister of Social Welfare and Community Development, while others were appointed as district commissioners.
In the Second Republic, there were two women MPs — Madam Akanbodiipo Lydia Azure, who stood on the ticket of the National Alliance of Liberals (NAL), won the Sandema seat, and Madam Tedam Catherine, who won the Chiana-Paga seat for the Progress Party (PP).
Again, in the Third Republic, five women served as MPs and in the first Parliament of the Fourth Republic, 16 women were elected as MPs, while in 1996 18 out of the 53 women contestants were elected. In 2000, 19 out of the 95 female contestants were elected, while in 2004, 25 out of the 104 contestants were elected.
Ms Aryee said since 1992, the number of women contestants in parliamentary elections had increased steadily, regardless of the fact that only a few won, while 42 women have been appointed as ministers of state under both the National Democratic Congress and New Patriotic Party Administrations.
She said there was ample proof of the willingness and preparedness of women to participate in the political process and that although the women found themselves in a male-dominated environment and that they did not hesitate in contributing to motions moved in the House for discussions.
When contacted to share her views on women’s participation in the country’s political history, Ms Aryee, who served as the Secretary (minister) for Information and Education during the Provisional National Defence Council (PNDC) regime, maintained that though women were not engaged in the struggles which were directly anti-colonial, their contributions were politically significant.
She stressed that the clarion call to women was to rise and shine and actively take part in vibrant political activities which would characterise all competitive elections in the country in the next 50 years.
Ms Aryee said politics should be looked at beyond the boundaries of political party activities and seen as the totality of organisations, both governmental and other institutions, pointing out that although not on a large scale, women had contributed in that respect.
She mentioned the role of Dr Mrs Letitia Obeng, an educationist, and other women who were nurses, broadcasters judges and lawyers who became part of the independence struggle.
She said there was the need to take a look at the playing field and address the difficulties that women encountered in campaigning to win competitive elections, while more women needed to encourage themselves to contest elections.
She said the state funding of political parties would go a long way to help, while women’s groups, individuals and churches should support women aspirants in their respective communities.
She, however, advised women to avoid self-censorship and offer themselves for political positions and also aspire to hold public offices.
Ms Aryee, who is the Executive Director of the Salt and Light Ministry, said there was the need for sustained education for men to appreciate the fact that God created women as equal partners in development, stressing that now was the time for all to recognise that life was lot better when both men and women worked together to attain sustainable national development.