DV Research 170610

Comparison of Domestic Violence Laws in Seven
African Countries
1
TABLE OF CONTENTS
Acronyms…………………………………………………………………………………………..3
Acknowledgements
…………………………………………………………………………4
Introduction....................................................................................................................................4
Comparison of Domestic Violence Acts.........................................................................................6

Domestic Relationships..............................................................................................................6
Domestic Violence.....................................................................................................................7
Prosecution of Domestic Violence...........................................................................................10
Protection Orders......................................................................................................................11
Media Restriction.....................................................................................................................18
Monetary Support/Reparation..................................................................................................18
Extra Sections...........................................................................................................................20
TABLE 1: DIRECT SIDE-BY-SIDE COMPARISON OF DVA COMPONENTS IN SELECT

SUB-SAHARAN AFRICAN COUNTRIES.................................................................................23
Country Profile: Zimbabwe..........................................................................................................26

History Leading to Legislation.................................................................................................26
Novel Approaches to DV Education........................................................................................27
Results to Date.........................................................................................................................30
Country Profile: Namibia..............................................................................................................32
Results to Date.........................................................................................................................36
Country Profile: Sierra Leone.......................................................................................................38
Results to Date.........................................................................................................................41
Country Profile: Mauritius............................................................................................................43
Results to Date.........................................................................................................................45
Country Profile: Ghana.................................................................................................................48
Results to Date.........................................................................................................................52
Country Profile: South Africa.......................................................................................................54
Results to Date.........................................................................................................................58
Case Study: Uganda......................................................................................................................63
Social and Legislative History..................................................................................................63
Impediments to Implementing DVA: Civil War.......................................................................64
Impediments to Implementing DVA: Government Apathy......................................................66
Gender Rights Advocacy in the Country..................................................................................67
Domestic Violence Local By-Law...........................................................................................70
Conclusion....................................................................................................................................72
2
ACRONYMS
AWDF AFRICAN WOMEN DEVELOPMENT FUND
CEDAW COMMITTEE FOR THE ELIMINATION OF ALL FORMS OF

DISCRIMINATION AGAINST WOMEN
CCI CANADIAN CROSSROAD INTERNATIONAL
DV DOMESTIC VIOLENCE
DV Act DOMESTIC VIOLENCE ACT 2007 (ACT 732)
DOVVSU DOMESTIC VIOLENCE VICTIM SUPPORT UNIT
DRB DOMESTIC RELATIONS BILL
FAWE THE FORUM FOR AFRICAN WOMEN EDUCATIONISTS
FFP FEMALE FOTO JOURNALIST
FGM FEMALE GENITAL MUTILATION
LLV LEGAL LITERACY VOLUNTEERS
MOWAC MINISTRY OF WOMENAND CHILDREN’S AFFAIRS
MP MEMBER OF PARLIAMENT
NGO NON GOVERNMENTAL ORGANISATION
WILDAF WOMEN IN LAW AND DEVELOPMENT IN AFRICA
3
ACKNOWLEDGEMENTS
WiLDAF Ghana is grateful to the following persons for their assistance in developing
this document: James Leong, an intern from Canadian Crossroads International, Canada
for the research and writing the report; Bernice Sam for giving direction in writing this
report; Gifty Dzah, Melody Darkey, and Ama Kpetigo-Ayittey for providing background
information and editorial support. Thanks also to Reena Shadaan and Patricia Essel for
helping with the research.
To METRAC-Canada in particular Zahra Dahnani, WiLDAF is appreciative of your

inspiration and guidance.
Sincere gratitude to our esteemed partners, Canadian Crossroads International for your
continued support towards reducing domestic violence in Ghana.
Many thanks to African Women’s Development Fund (AWDF) for financial assistance
for the publication.
4
INTRODUCTION
Many countries in Africa, are currently implementing legislation that prevents domestic
violence. A common theme behind most approaches is the knowledge that any attempt to
curb the disconcertingly high rates of gender-based violence must involve a polycentric
approach. This polycentric approach must incorporate at the minimum criminal, civil,
protective, and therapeutic components in order to punish offenders and to reintegrate
both offenders and victims into productive social roles.
Gender violence is one of the most widespread violations of human rights. It can include
physical, sexual, psychological and economic abuse, and it cuts across boundaries of age,
race, culture, wealth and geography. It takes place in the home, on the streets, in schools,
the workplace, in farm fields, refugee camps, during conflicts and crises. It has many
manifestations — from the most universally prevalent forms of domestic and sexual
violence, to harmful practices, abuse during pregnancy, so-called honour killings and
other types of femicide.
In a report to the U.N. General Assembly, the Division for the Advancement of Women
of the Department of Economic and Social Affairs of the United Nations Secretariat
noted that:
‘Violence against women is a violation of women's human rights and prevents women
from enjoying their human rights and fundamental freedoms, such as the rights to life and
security of the person, to the highest attainable standard of physical and mental health, to
education, work and housing and to participation in public life.’
There is no one single factor to account for domestic violence.
Increasingly, research has focused on the inter-relatedness of various factors that should
improve our understanding of the problem within different cultural contexts. Several
complex and interconnected institutionalized social and cultural factors have kept women
particularly vulnerable to the violence directed at them, all of them manifestations of
historically unequal power relations between men and women. Factors contributing to
these unequal power relations include: socioeconomic forces, the family institution where
power relations are enforced, fear of and control over female sexuality, belief in the
inherent superiority of males, and legislation and cultural sanctions that have traditionally
denied women and children an independent legal and social status.
Lack of economic resources underpins women’s vulnerability to violence and their
difficulty in extricating themselves.
Women’s groups have long pushed for such responses, and have placed women’s rights
firmly on the agenda of international human rights through their advocacy.
The 1990s, in particular, witnessed concentrated efforts on the part of the world
community to legitimize and mainstream the issue. The World Conference on Human
Rights in Vienna (1993) accepted that the rights of women and girls are “an inalienable,
integral and indivisible part of universal human rights.” The United Nations General
Assembly, in December 1993, adopted the Declaration on the Elimination of Violence
5
against Women. It is the first international human rights instrument to deal exclusively
with violence against women, a groundbreaking document that became the basis for
many other parallel processes.
In 1994, the Commission on Human Rights appointed the first UN Special Rapporteur on
Violence against Women, entrusting her with the task of analyzing and documenting the
phenomenon, and holding governments accountable for violations against women. The
Fourth World Conference on Women in Beijing (1995) included elimination of all forms
of violence against women as one of its twelve strategic objectives, and listed concrete
actions to be taken by governments, the United Nations, international and
nongovernmental organizations1.
While gender-based violence is not specifically mentioned in the 1979 Convention on the
Elimination of All Forms of Discrimination against Women (CEDAW), in 1992 the
Committee overseeing CEDAW implementation adopted General Recommendation 19,
which states that it is a form of discrimination that inhibits a woman’s ability to enjoy
rights and freedoms on a basis of equality with men. It asks that governments take this
into consideration when reviewing their laws and policies. Under the new Optional
Protocol to CEDAW, adopted by the UN General Assembly in October 1999, ratifying
States recognize the authority of the Committee to receive and consider complaints from
individuals or groups within that State’s jurisdiction. On the basis of such complaints, the
Committee can then conduct confidential investigations and issue urgent requests for a
government to take action to protect victims from harm, bringing the Convention into line
with other human rights instruments such as the Convention against Torture.
Legally binding under international law for governments that have ratified them, these
treaties oblige governments not only to protect women from crimes of violence, but also
to investigate violations when they occur and to bring the perpetrators to justice.
This growing momentum has compelled a better understanding of the causes and
consequences of domestic violence, and positive steps have been taken in some countries,
including reforming and changing laws that deal with this issue.
This research examines and compares legislation on domestic violence in Ghana, Sierra
Leone, South Africa, Mauritius, Namibia, Uganda and Zimbabwe.
1
Domestic Violence against women and children. Innocenti Digest, No. 6 June 2000, pg 3
6
METHODOLOGY
This report is a review of literature from a variety of primary and secondary sources.
Section one is a direct examination of Domestic Violence Acts (DVAs). The legislation
are examined and (where applicable) in conjunction with the Constitutions and other
pieces of human rights legislation which may be complementary or contradictory to the
target legislation. In addition, sources reviewed and utilized included news articles,
literary reviews and summaries made by other organizations, examinations conducted by
government ministries and international agencies (such as the UN), policy directives by
various stakeholders in the domestic violence legislation advocacy process, and in some
cases personal narratives as given by academics and observers.
This report is in two parts. Part one is a direct examination of DVAs in seven African
countries. In light of the vast differences in procedure between common and civil law
traditions, this report adopts the following criteria as per the countries covered:
 African countries which have enacted domestic violence legislation.
 African countries which incorporate at least some elements of common law into
their legal traditions. This includes many current members of the Commonwealth,
Zimbabwe, and nations that use “hybrid” legal systems such as Mauritius.
The aim of this section is to provide direct comparison of the legal approaches of each
country fitting the aforementioned criteria. In doing so the report outlines potential
unique legal approaches that various countries are using to combat the problem of
domestic violence.
The second part of the paper is an examination of each country highlighting elements in
the social and legal history which culminated in the formal enactment of domestic
violence legislation. Of particular interest is the potential pressure placed not just by the
populace, but by instruments such as international covenants and the country’s own
Constitution, in spurring government action towards legislation. There is also an
examination of current “best practices” as employed or have been used by these
countries. These “best practices” include the following:
 Methods used by activists, CSOs, NGOs, parliamentarians, etc in increasing

national and government awareness of domestic violence as an issue.
 Methods employed by government or non-state actors in trying to educate the
populace on domestic violence and legislation to combat gender based violence.
 Approaches by organizations and individuals to educate communities which are
traditionally hard to reach (refugees, illiterates, rural areas, youth, etc).
Where possible, practical review of how well domestic violence legislation has been
received or utilized in courts would be listed. One difficulty in gauging the “success” of
domestic violence legislation must be noted. This is the relative newness of most of these
legislation as more than half of the countries being researched have enacted these Acts in
the past five years.
As a side note, Uganda is included amongst the countries studied although there is no
enacted legislation that targets domestic violence. This is to give an example of one
7
country with a strong history of women’s rights activism but lacking a DVA. An
examination and conjecture of why Uganda has not yet implemented a DVA is also
included.
THE DOCUMENT SHOULD INCLUDE A SECTION OF CASE LAWS ON THE

DVAS FROM THE DIFFERENT COUNTRIES. interns to research and provide
caselaw
8
COMPARISON OF DOMESTIC VIOLENCE LAWS
From a strictly statutory standpoint, there are many similarities between the Domestic
Violence Acts (DVAs) of the countries being researched with the exception of Uganda’s
proposed Domestic Relations Bill (DRB). Almost all DVAs define domestic violence and
relationships, whilst the DRB attempts to define the proper elements of marriage within
the Ugandan context of recognizing their religious plurality. The DRB, if enacted, will
not be Uganda’s primary legal text to confront domestic violence, but it is the proposed
law with the closest nexus to the issues surrounding domestic violence.
Domestic Relationships
Zimbabwe, Mauritius, Sierra Leone, South Africa, Namibia, and Ghana define a
“domestic relationship". They all recognize the following as potential sources of
domestic relationships.
 Marital or romantic relations

 Relations by consanguinity, adoption or family
 Shared residence/cohabitation (except Namibia)
Where they differ is in the determination of a domestic relationship. Namibia has

restrictions on how a domestic relationship may be determined by the courts. By Form 1
of Namibia’s November 17, 2003 Government Gazette, which amended the initial DVA,
the headings upon which Namibia does recognize relationships are restricted and only
applies to the following categories2:
 Marriage, or living together in the style of marriage

 Actual or perceived romantic or intimate relationship
 Shared parentage of a child (both biological and adoptive), but this excludes
children conceived out of rape or anonymous in vitro fertilization
 Direct parent-child relations (both biological and adoptive)
 Relations by consanguinity, adoption or family only if there is a connection of a
“domestic nature”, which isn’t properly defined - examples given in the passage
include co-tenants or financial dependency
Furthermore, in Namibia, all of these criteria are strictly regulated by what could be
called a “limitation period” for recognition of a domestic relationship. Upon the
termination of the domestic relationship, there is a two year period during which they are
still deemed to be in a relationship.3 However upon the expiration of the two years, a
court order is required to revive and recognize the relationship as domestic. 4 The
situation is the same in cases involving the death of a mutual child.5
2
Combating Of Domestic Violence Act, 2003 Act No. 4, Section 3(1)
3
Section 3(2) supra
4
Section 3(3) supra
5
Section 3(2) supra
9
In contrast Ghana’s Act extends the definition of domestic relationships beyond that of
most of the countries and includes the position of domestic help as a domestic
relationship6. The Act defines domestic relationship in section 2(I) as:
‘A domestic relationship means a family relationship, a relationship akin to a

family relationship or a relationship in a domestic situation that exists or has
existed between a complainant and a respondent and includes a relationship where
the complainant:
(a) is or has been married to the respondent;

(b) lives with the respondent in a relationship in the nature of a marriage even if
they are
not or were not married to each other or could not or cannot be married to each
other;
(c) is engaged to the respondent, courting the respondent or is in an actual or
perceived romantic, intimate, or cordial relationship not necessarily including a
sexual relationship with the respondent;
(d) and respondent are parents of a child, are expecting a child together or are
foster parents of a child;
(f) and respondent are family members related by consanguinity, affinity or
adoption, or would be so related if they were married either customarily or under
an enactment or were able to be married or if they were living together as spouses
although they are not married;
(g) and respondent share or shared the same residence or are cotenants;
(h) is a parent, an elderly blood relation or is an elderly person who is by law a
relation of the respondent;
(i) is a house help in the household of the respondent; or
(j) is in a relationship determined by the court to be a domestic relationship.’’
The Act also allows the court to exercise discretion in determining if a domestic
relationship exists beyond those listed in the Act 7 but this is subject to the following
guidelines8:
 The amount of time the persons spend together

 The place in which the time is spent
 The manner in which the time is spent
 The duration for which this relationship has existed
Sierra Leone’s definition of a domestic relationship is similar to that of Ghana except that
it includes situations where the victim is the attendant of a care institution under the care
of the accused.9 While this language may be somewhat loose, it appears that it is intended
to include situations where there is a primary care relationship for an expected period of
time, such as a teacher-student relation or a patient in a medical or psychiatric institution.
6
Section 2(1)(I) of Domestic Violence Act 2007, Act 732
7
s.2(1)(j)) of Domestic Violence Act 2007, Act 732
8
S.2(2)supra
9
S.3(1)(I) the Domestic Violence Act 2007, No 20
10
While Mauritius now shares an identical definition of domestic relationship with other
countries, it historically did not follow these criteria. The original 1997 enactment of the
Mauritius DVA, defined domestic violence as including acts between spouses or acts by a
spouse against the child of the other spouse.10 This was reviewed in 2004 and currently
includes acts involving children and other cohabitants.11
With the exception of South Africa, all the other countries restrict the definition of spouse
or romantic partner to heterosexual relationships. In its definition of domestic relationship
the South Africa Act includes a relationship between the complainant and the respondent
and ‘…..they (whether they are of the same or of the opposite sex) live or lived together
in a relationship in the nature of marriage, although they are not, or were not, married to
each other, or are not able to be married to each other’’12
In Uganda, the DRB, by contrast, does not define specific elements of a domestic
relationship. Rather, in Part III, the DRB attempts to define essential elements for
marriage, including the abolition of mandatory marriage gifts. Relationships that fall
outside of marriage are not legally recognized in Uganda.
Domestic Violence
13
The DVA’s of Zimbabwe, Sierra Leone, South Africa, and Ghana define domestic
violence using the following similar parameters.
 Physical
 Sexual
 Economic
 Psychological
 Harassment
Namibia also somewhat expands the definition of domestic violence by including the
repeated exposure of children to domestic violence, or the risk of such, as psychological
violence14. Another modification which is noteworthy is that sexual violence in Namibia
also includes “engaging in [sexual] contact or conduct with another person with whom
the complainant has emotional ties.”15 This inclusion of what could potentially be
described as infidelity seems to criminalize the act or allow people to pursue protection
orders against such. In one sense, it seems that by doing this, Namibia may be indirectly
criminalizing infidelity.
10
S.2, the Protection from Domestic Violence Act 1997.
11
Protection from Domestic Violence. (Amendment) Act 2004.
12
S.1(vii)(b) of Domestic Violence Act, 1998, No. 116
13
Zimbabwe: s.3(1)of Domestic Violence Act(Chapter5:16) Act14/2006;, Sierra Leone :s.2(2) of The Domestic Violence Act 2007,
No.20, South Africa s.1(viii) of Domestic Violence Act 1998,No. 116/1998; and Ghana: S.1 of The Domestic Violence Act 2007, Act
732
14
S. 2(2) Combating Of Domestic Violence Act, 2003 Act No. 4,
15
(s.2(b)(iv) Combating of Domestic Violence Act 2003 No.4
11
Mauritius has a rather limited definition of domestic violence as it does not formally
include economic or emotional, verbal and psychological violence (but does include
physical and sexual, as well as intimidation or harassment). Within the Mauritian
definition of domestic violence, economic abuse is restricted to property damage and the
only potential psychological abuse recognized are threats which knowingly attempt to
place fear in the spouse.16
The definition of sexual abuse appears quite ambiguous as the only reference to it is
“compelling spouse by force or threats to engage in any conduct from which that spouse
has the right to abstain, including sexual conduct” 17. Sexual abuse and rape in intimate
relationships is not considered a crime in most countries, and women in many societies
do not consider forced sex as rape if they are married to, or cohabiting with, the
perpetrator. The assumption is that once a woman enters into a contract of marriage, the
husband has the right to unlimited sexual access to his wife. Surveys in many countries
reveal that approximately 10 to 15 percent of women report being forced to have sex with
their intimate partner. Some countries have begun to legislate against marital rape. These
include Namibia, South Africa. Although provision of such laws represents considerable
progress, it is often difficult for a woman to press charges because of the evidential rules
concerning the crime.
Sierra Leone’s definition is expansive because Section 2 (2) (e) of the DVA provides that
any conduct or omission that in any way harms or may harm another person can count as
domestic violence. The condition which is also present in Ghana’s DVA 18 is that this act
or omission must accomplish one of the following:
 Endanger the safety or health of another

 Undermine another’s sense of privacy, integrity or security
 Detract or is likely to detract from the dignity or self-worth of another
Ghana also specifically lists intimidation as conduct qualifying as domestic violence 19.
South Africa, by contrast, specifically lists stalking and forced entry20. However, the most
noteworthy facet of both DVAs is that both countries do not limit domestic violence to
the enumerated grounds. For example, South Africa also includes any other control or
abuse where the conduct harms or may cause imminent harm to the complainant. Ghana’s
non-enumerated grounds, by contrast, include any conduct which involves any of the
following21
 Harms or may harm another person

 Endangers the safety, health or wellbeing of another
 Undermines the privacy, integrity or security of another
 Detracts or is likely to detract from human dignity
16
S.2(a) Mauritius DVA
17
S.2(d) Mauritius DVA
18
S.1(d) of The Domestic Violence Act 2007, Act 732
19
S.1(c ) The Domestic Violence Act 2007, Act 732
20
S.1(viii)(g& I) of Domestic Violence Act 1998,No. 116/1998;
21
S.1(d) of Domestic Violence Act 2007, Act 732
12
Thus, both countries, while describing the headings slightly differently, commonly
recognize that elements which cause a degree of harm or violate some element of a
person’s fundamental integrity, will qualify as domestic violence. Another noteworthy
component to Ghana’s DVA is that it also disallows consent as a ground to excuse
domestic violence22 which at one time was in a position of potential conflict with some
section of the Criminal Code23 which exempted marital rape as being a crime. A new
clause inserted into the Domestic Violence Bill at the last minute during its Committee
Stage reads: "the use of violence in the domestic setting is not justified on the basis of
consent”. This clause empties S.42 (g) of it its offensiveness.
While Ghana, Namibia and Sierra Leone clearly state that a series of small incidents may
amount to domestic violence24 , Zimbabwe on the other hand lists the following acts in its
DVA as not counting as domestic violence when committed on their own (or in
conjunction with other small acts)25:
 Insults, ridicule, name-calling, or threats intended to cause emotional pain
 Obsessive possessiveness constituting an invasion of privacy, liberty or security
 Any act, omission or behavior constituting domestic violence which, when
performed on minors, is likely to result in mental injury
 Unreasonable deprivation of economic necessities or legal entitlements
 Denying the complainant the chance to generate outside income
While Zimbabwe has clearly set bounds to what acts under the above heads of abuse can
count as domestic violence, it gives local courts the jurisdiction to deal with these issues
as they see fit26. This may result in potential conflicts because whilst lower courts may
choose to exercise discretion as to define these acts as domestic violence, it would be
interesting to see what higher courts would do if these matters were to be appealed. Also,
Zimbabwe is much more explicit in listing other acts as domestic violence. These include
the following27:
 Customary or cultural abuse resultant from rites biased against women (including
forced virginity testing, female genital mutilation, pledging of females to appease
evil spirits, forced marriage, child marriage, forced wife inheritance, sex between
a father-in-law and newlywed daughter-in-law)
 Abuse inflicted on the basis of age, physical or mental incapacity, disability, or
mental disorder
While these offenses are definitely hinted in the Ghanaian and South African DVAs but
not expressly listed, it leaves many of these acts in a legal grey area for later judicial
interpretation.
The Ugandan DRB, by contrast, does not give specific descriptions of what entails
domestic violence. Part IX of the Bill outlines the marital obligations of both parties,
which may give rise to potential civil or criminal penalties if these obligations are broken.
22
S.4 supra
23
S. 42(g) of Criminal Code,1960,Act29
24
S. 5 of Ghana’s DVA; S.2(4) of Namibia’s DVA;S. 4(2) of Sierra Leone’s DVA
25
S.4(2) of Zimbabwe’s DVA
26
S.18 of Zimbabwe’s DVA
27
S. 3(1)(l) of Zimbabwe’s DVA
13
Noteworthy in the proposed DRB are outlined grounds upon which intercourse can be
refused28 , and a definition of marital rape as an offense29 . Whilst the DRB, if enacted,
would not represent a strong document defining domestic violence, it seems that it may
hold the precursor towards a progressive DVA.
Prosecution of Domestic Violence
All listed DVAs except that of Namibia recognize domestic violence to be criminal
offences30 and gives specific protocols for arrest, be it without evidence or by a non-peace
officer. Another noteworthy detail of all DVAs is that there are specific guidelines by
which the police are to aid and advise victims. In countries such as Ghana and Sierra
Leone, protection is also available and the police are allowed to exercise discretion in
protecting “as the case requires”. 31
Namibia’s police are merely mandated to give protection in certain situations, all of
which seem to be after an application for a protection order. The language surrounding
the application for a protection order does not expressly state situations where the said
application might have originated from police intervention in an instance of domestic
violence , nor does it expressly give police the ability to make an applications on behalf
of victims if they have a reasonable suspicion of domestic violence . Indeed, the language
is curious, as it seems to ignore events that occurred pre-application for protection order
(except that the protection order is based on those past events) and only focuses on
protecting the victim/applicant afterwards or if they intend to make the application. Per
Section23 of the DVA, there is mandated power to the police to investigate if there is
reasonable suspicion of domestic violence, but it is not mandatory for the police to
investigate: rather, they “may” do so, which means that there is discretion to also not
pursue claims. This thus means that observation by external parties is important for
ensuring that the police are making use of this optional mandate.
The language in the Namibian DVA which attempts to make some provision towards
protection pre-application is ambiguous. Protections offered to victims post-application,
however, are somewhat expansive, including assistance to retrieve property, to access
medical treatment, shelter, treatment, and instructions on legal procedures including
obtaining protection orders and laying criminal charges.
In Ghana, police assistance include outlining services available, providing medical

treatment (if needed) and transport to a shelter (if available and needed), providing
assistance to transport belongings to shelter (if needed), and assisting victims in
preserving evidence of domestic violence32 . Mauritius33 and South Africa’s34 services are
similar, but are limited to finding shelter, medical treatment, and explaining what legal
rights are available to the victim. These are also offered in Sierra Leone’s DVA, with the
clear provision by section 7(4) that family mediation or intervention will not halt an
investigation into potential domestic violence if the police believe it is warranted. This is
likely to indicate the primacy of the criminal nature of domestic violence. This law exists
28
Section 60.2 of Ugandan bill
29
Section 61 of Ugandan bill
30
S.3(2) of Ghana’s DVA, S.2(1) of Sierra Leone’s DVA, s.17 of South Africa’s DVA; s.4(1) of Zimbabwe’s DVA
31
S.7,8&9of Ghana’s DVA and Sierra Leone’s DVA
32
S.8 of Ghana’s DVA
33
S.11of Mauritius DVA
34
S.2of South Africa’s DVA
14
even though Sierra Leone recognizes the possibility of alternative dispute resolution and
that potential solutions to the problem may originate through channels that do not follow
common law procedure.
In Zimbabwe, the provision of accommodation is attempted by offering assistance similar

to that of Ghana including giving legal instruction and offering to take the complainant’s
statement by an officer of the gender of the complainant’s choice 35 . In this way,
Zimbabwe recognizes that there may be room for further services. Zimbabwe’s DVA,
however, is the only one that gives a specific method for complainants to sue if they are
dissatisfied with police response36 .
The Ugandan DRB does not contain any descriptions of prosecution, or protocols for
advising victims. This is in line with the structure of the DRB, as it is oriented towards
defining marriage and not domestic violence.
Protection Orders
All DVAs give the court discretion to issue protection orders. There is also the ability to
grant interim protection orders and/or specific penalties as pertains in each country.
The DVAs of Ghana, Namibia and South Africa specifically disallow a court from
declining to order a protection order based on the grounds that the victim has alternative
legal remedies available.37 Zimbabwe does not have this specific condition, though it
does list that applying for a protection order does not exclude complainants from
applying for other remedies. In Sierra Leone, this issue is addressed in a similar though
slightly differently worded manner in that the court has jurisdiction to order a variety of
remedies in tandem, including monetary reparations and orders for occupation of
property38. In Mauritius this is not explicitly stated, though it is apparent as the DVA
instructs that a protection order can be given in tandem with occupation or tenancy
orders. 39
All DVAs instruct the court to determine if there is a need for a protection order based on
the hardship suffered by the victim (and in some cases the accused). However,
Zimbabwe’s DVA also instructs that all actions should be expeditiously processed and
heard as soon as possible where there are possibilities of undue hardship 40 Whilst this
seems to help advance the case for many victims of domestic violence, it is difficult to
tell whether it practically does so because it is unclear as to what the courts will deem
sufficient grounds of hardship to expedite a protection order hearing.
Interim protection orders can be considered simply by the statements of the complainant
in all DVAs. These orders will accordingly be granted if the court determines there is a
serious, imminent risk of harm to the victim if no protection order is granted. In Namibia,
the DVA states that if the standard conditions for a protection order are found prima
facie, the interim protection order will be granted.41 While the protection order does make
35
s5(2) of Zimbabwe’s DVA
36
S. 5(3) of Zimbabwe’s DVA
37
S.17(3) Ghana; s.7(7)a of South Africa
38
S.15(2) of Sierra Leone DVA
39
S.5(h) of Mauritius DVA
40
S.7.6 of Zimbabwe DVA
41
s.8(3)(a)Namibia DVA
15
reference to imminent danger as part of the criteria for considering a standard protection
order, there is not the same need for proving that there will be a prejudicial effect if not
immediately granted.
Ghana, Mauritius and South Africa do not make specific reference to what will occur if
the court does not consider a specific case scenario as meriting an interim protection
order. In Zimbabwe, the DVA provides that notice can be provided to a respondent to
justify why an interim order should not be made against him or her 42 In Sierra Leone, an
interim protection order can be obtained by an ex parte application if the court finds that
it is in the best interest of the victim 43 This is useful, because whilst other courts require
the victim to be present whilst they determine the importance of the order, given the
victim’s current and previous statements, Sierra Leone implicitly recognizes the danger
that could be placed upon the victim if the interim protection order is not granted and the
accused becomes aware of the victim’s appearance at such hearings.
Sierra Leone’s consideration of interim protection orders is also more expansive than
most countries because whilst other countries analyze it simply on the detriment or likely
harm to the victim, Sierra Leone considers potential harm to friends or relations of the
victim.44
Also, unlike the other countries, the Sierra Leone and Namibia Acts, allow the court to
finalise the interim protection order if the accused fails to appear at the future hearing to
determine if a protection order is expedient. 45. This is quite noteworthy because it means
that there is not much discretion available to a court to potentially vary the terms as it
deems fit, which may happen in other countries.
The Sierra Leonean Act also makes provision for a court hearing a criminal case on
domestic violence to make its own ruling on a final protection order 46. This dual
responsibility placed on the courts is likely to happen in other countries but there is no
express provision stating so in their Acts. This provision could help increase the
expediency of determining cases in a war torn country like Sierra Leone with limited
legal personnel.
Ghana and Sierra Leone also make provisions for the hearing itself, particularly in
sequestering the victim from the accused if there is a need for such an intervention. 47
Namibia, on the other hand, implicitly grants the right to both accused and victim to be
present in the courtroom, without considering the potential effect on the victim 48 In
Zimbabwe, the court is also allowed to consider orders that are brought against the
complainant’s consent – this involves consideration of why consent was not obtained and
whether or not it is within the best interest of the complainant for the complaint to be
lodged.49 This section is important in Zimbabwe because many social norms in the
country may not recognize domestic violence as an issue, and social influences may also
make the victims of domestic violence desensitized to their own problems.
42
s.9(5))Zimbabwe DVA
43
s.12(1,2)Sierra Leone DVA
44
s.12(2)(a) Sierra Leone DVA
45
S.12(5) Sierra Leone DVA; s13(2) Namibia DVA
46
S.10(4) Sierra Leone DVA
47
S.13(2) Ghana DVA; s.11(2) Sierra Leone DVA
48
s.12(8)Namibia DVA
49
s.7(2)Zimbabwe DVA
16
The protection orders in all DVAs prohibit specific acts instead of mere contact between
the parties. In all countries, aside from the enumerated possible prohibitions, there is also
the possibility of ordering alternative remedies so long as the court believes that the
action is not in the victim’s best interest.
Some variations to what the court can order exist in most countries. For example, whilst
many countries clearly give the court discretion to order what it views as necessary, this
is again limited in Namibia to “ensure the safety of the complainant or any child or other
person who may be affected”50. This distinction is important because it means the order
cannot include certain things such as potential economic enrichment or remuneration for
past fees if they are deemed not to “ensure” the complainant’s long term safety.
Variations to the powers of a court order do not always result in limitations as they do in
Namibia. In Mauritius, the court has the discretion to order positive action on the part of
the accused51 though it is unclear as to what “ordering [accused] to be of behavior
towards the [victim]” entails. Again, in Sierra Leone, certain prohibition to the accused’s
behavior covers not only the victim, but also family or friends of the victim 52 some
further elements are also special to Sierra Leone, Ghana and Zimbabwe’s protection
orders. These include a provision seeking “good behavior” by the accused, or for the
accused to undergo counseling.53 Theoretically, the above elements are included in the
DVA of the other countries as the court has the power to grant any order that it deems
necessary for the protection of the victim or other affected parties. However, by stating
them explicitly, it stands to reason that courts may utilize these sections more often whilst
courts in other countries may neglect to make orders observing conditions pertaining to
these effects.
What is further unique to Sierra Leone and Ghana is the power of the court to extend the
Act beyond the victim and accused, or even family and friends. The courts of Sierra
Leone54 and Ghana55 can include any person to be protected under the Act if they are
satisfied that the following conditions are met:
 The accused is engaging in conduct with the other party such that, if they were in
a domestic relationship, it would be considered domestic violence
 This abuse is only occurring because of the other’s relationship with the victim
 An extension of the protection order is necessary in order to protect the other
party as well
Relative to all other countries examined in this study, Mauritius is a very curious case
because victims can only apply for a protection order if they have previously been
victims of domestic violence, and if they reasonably believe that an act of domestic
violence is likely to be perpetrated against them. 56 Also, while the other countries apply
the balance of probability as the standard of proof in protection order applications,
Mauritius which originally applied this standard of proof when it enacted the DVA has
50
s.14(2)(k)Namibia DVA
51
s.3(1)Mauritius DVA
52
s.13Sierra Leone DVA
53?
S.17(1) Ghana DVA; s.15(2)(a)Sierra Leone;s.11(h) of Zimbabwe DVA
54
S.16 Sierra Leone DVA
55
S.19 Ghana DVA
56
s.3(1)Mauritius DVA
17
through further amendments significantly deviated from this standard. In its 2007
amendments to the DVA, it made specific reference that the rules will be dictated by the
Chief Justice and that the application itself will be heard “in the manner the Court deems
fit”. 57
This implies the possibility of Mauritius taking a more criminal stance 58 when
considering the DVA and this may not inure to the benefit of the applicant in a protection
order application if they have to use the standard of proof in criminal cases, that is prove
beyond reasonable doubt, that they need protection.
Mauritius DVA also lists the following considerations for granting a protection order59
 The need to ensure the victim is protected from domestic violence

 The welfare of children who are likely to be affected by the conduct of the
accused
 Accommodation needs of the victim, accused or children of either party
 Hardship which may accrue to the accused and his children
 Any other matter which the Court considers relevant
Namibia has also created a set of criteria which must be considered by the court in all
determinations60
 The history of domestic violence perpetrated by the accused against the victim
 The nature of the domestic violence outlined above
 The “existence of immediate danger” to persons or property
 The victim’s perception of the seriousness of the accused’s behavior, and
 The need to preserve the health, safety and wellbeing of the victim, and any
person who is in the care of the victim
The criteria requiring the court to know the victim’s perception of the seriousness of the
crime could be a double edged sword. On one hand, the nuanced knowledge of the victim
towards the conduct and pattern of abuse may help guide the court to be more expansive
in its granted protections, and help to illustrate certain social practices which may not
have been taken into consideration by the definitions in the Namibian DVA. However, it
could also be detrimental to the victim because they may have become desensitized to the
violence to themselves, and might also trivialize the potential danger to themselves
because they have been accustomed to whatever cycle of violence may exist. Because the
court is not strictly limited to looking at these criteria they might look beyond these to get
a better idea of the case, if it is necessitated.
In most of the countries researched, removal of the accused from the property, or
separation of the parties, is implied by most protection orders as they tend to employ
restricting access to the victim in order to protect them. In Mauritius, this is accomplished
by a further provisional order – a tenancy or occupation order, dependent on whether the
57
S. 3(3) Mauritius DVA
58
This is possibly due to the greater recognition of the French Civil law tradition to which Mauritius partially embraces even though
it remains a member of the Commonwealth.
59
S.3(4) Mauritius DVA
60
S.8(4)Namibia DVA
18
residence is being rented or owned by the victim and/or accused 61. This seems to imply
that a protection order, while it can restrict access to the victim, would more often be
used to bar certain actions the accused can perform, though the accused could still be in
contact and/or live with the victim.
Occupation orders are also available in Sierra Leone and Ghana’s DVA; however the
court would only make such an order after analyzing a social enquiry report, which is
prepared by a social worker, probation officer or other person appointed by the court.62 .
All DVAs make provision for the potential extension or variation of protection orders. In
Mauritius, consideration of any change to a protection order is on the basis of the criteria
used in granting a protection order63. In Namibia, the DVA is very explicit with respect to
instructions, stating that while variation as requested by an applicant or the complainant
will be examined simply on their merits and effect to the case as a whole, the
respondent’s applications must also not endanger the complainant, any child or “any
other person concerned in the matter”64. Mauritius and Namibia are unique in this respect
because they have detailed the criteria for determining if a variation is merited. In the
other countries, this is decided on a “balance-of-probability”65
There can also be attempts in legislation to try and limit what kinds of variations will be
examined at court. For example, in Zimbabwe, whilst a representative of a complainant
may apply for variation, extension or revocation of a protection order, this can only be
done in the complainant’s best interest (s.12(3)).
Violation of a protection order (or in Mauritius’ case, protection, occupation or tenancy

orders) is a criminal offense in all countries. However, whilst most countries might
consider the breach in context of an absolute/strict liability offense (that is, any breach,
regardless of whether or not it is done with intent or a lack thereof results in penalty)
Namibia also allows the accused to illustrate consent as a defense, except in cases where
physical violence arises66
Some countries have also created penalties for those who incite police or court action
through misrepresentation. For example, Sierra Leone states that if the victim has
knowingly given false information to induce the police to act in a certain manner the
“victim” would be liable to a minor jail term, a fine, or both. 67 This is also true in
Namibia, though it goes further, stating that a penalty can exist if there is willful
misleading of the police in directing their actions, be it for the initial protection order or
in a breach68 .
Whilst neutral on a surface examination, it is important to see how these sections are
exercised in reality, as it appears that in some cases indirectly the onus is on the applicant
to prove their case to the court, as failure in these instances may be interpreted as
“misinformed inciting” of the police.
61
S. 4&5 of Mauritius DVA
62
S.17(1)Sierra Leone DVA and S.20(2) of Ghana DVA
63
S.3(6) (c ) Mauritius DVA
64
S.17(6) Namibia DVA
65
‘balance of probability’ because the protection order is characterized as a matter of civil procedure
66
S.16(4) Namibia DVA
67
68
S.16(50 Namibia
19
Reconciliation in Domestic Violence Matters
Another area of contrast is that while South Africa and Zimbabwe simply define the
penalty of breach, Ghana allows a complainant to withdraw offenses so long as the
penalty does not require a sentence of over two years 69 . This may be because of a
stronger position on potential reconciliation through the Ghanaian courts, as they have
the authority to offer alternative dispute resolution (ADR) and potential social or
psychiatric counseling if mediation is chosen70 . Also, the courts are given the mandate to
encourage mediation in cases of minor offences where the magistrate is of the belief that
it might be beneficial.
The same kind of encouragement towards ADR occurs in Sierra Leone, though anything
that is referred to ADR requires both victim and accused to be referred for counseling 71
Also a probation officer is appointed to oversee any progress (or lack thereof)
accomplished72. With respect to these ADR sections, it can be viewed as having a
positive and negative effect on overseeing domestic violence in these countries. For
instance, it gives a better chance for reconciliation and recognizes domestic violence as
not a “one-off” kind of offense which can characterize most crime, but rather as a
systematic set of acts which often requires outside forces to inspire a change in behavior
on the part of an accused. However, this might be a moot point because in many areas of
Africa, domestic violence is first addressed through the traditional authorities who act in
a manner which is best described as an analogue of ADR. Having legal recourse to apply
for ADR may also increase social pressure on a victim to settle this “first” evident act of
domestic violence, whilst it may in fact be the first evident symptom and the next act may
incapacitate or kill the victim.
In Mauritius, breach of an order used to be treated in accordance with strict criminal

procedures, and the police were not charged with a duty to protect the victim. However,
with new amendments made in 2007, the police have specific duties to discharge victims
of a breach of an order to either medical services or psychological counseling as deemed
necessary73 . The courts also have the power to order counseling instead of a jail sentence
where it sees fit74. Failure to comply is punishable by a jail sentence, but what is very
interesting about this order for counseling is that it can only be made if the offender
expresses a willingness to comply and the victim has no objections. 75 This emphasizes
that while the courts in Mauritius recognize that there may be a criminal component to
domestic violence, there is also a need for restorative justice. This rehabilitation must
however occur both on the part of victim and accused, where the needs of the victim are
prioritized over those of the accused. What is particularly interesting is that while the
court can order counseling in this setting, in ordering the initial protection order the court
has no mandate to encourage ADR, counseling services or other methods that may be
more reparations-minded than the measures allowed under protection, occupation or
tenancy orders. However, much like Sierra Leone and Ghana, it remains to be seen as to
whether these services actually achieve their objectives.
69
S.24(a) Ghana DVA
70
S.24 Ghana DVA
71
72
73
s.13(3)(b)Mauritius DVA(2007)
74
s.13A(1)a Mauritius DVA (2007)
75
s.13A(5)Mauritius DVA (2007)
20
Most countries do not have defined alternatives if a party disagrees with a finalized
protection order except if they seek variation. Namibia, in contrast, makes provision for a
specific procedure for appeal of a final protection order76. It is however difficult to
ascertain from the language whether the appeal is restricted to matters of law, or extended
to matters of fact. Additionally, Namibia’s Act is unique in that the Government Gazette
amendments allow for variations in procedure if it is found that the departure helps to
ensure substantive justice77 In terms of an appeal, this raises many important questions
concerning the kinds of variation allowed and whether there shall be a weighing of
benefits as against disadvantages when trying to determine if the departure from
procedure really was necessitated.
Namibia also has some special sections that deal with the criminal components of
domestic violence. Section 25 deals with the victim’s ability to affect or influence
sentencing for breach of a protection order or for any domestic violence which has a
criminal component. This is done by obtaining a statement from the victim, whether in
person or by affidavit 78. Also, the criminal procedure for obtaining bail from a domestic
violence offence has changed, and is reflected by the addition of section 62 (3) in the
Criminal Procedure Act. A further indication of the seriousness of domestic violence is
also indicated in the Government Gazette, .allowing the court to refuse to grant an
accused person bail where there is prima facie evidence of domestic violence or further
imminent danger to the complainant should the accused be released.79 By sections16 (1)
and 16(3) of this Schedule, government has the mandate to ensure expeditious court
hearings of domestic violence cases as a matter of priority.
One concerning provision in Namibia’s procedure for processing protection orders is that
it will not grant orders “solely” on acts committed before the enactment of the DVA. 80
This could mean that historical evidence from acts committed before the DVA, would not
be included when a court is trying to determine whether or not a protection order is
needed.
By contrast, Uganda’s DRB has no reference to protection orders or the penalties given in
the event of a breach. It appears this is due to the DRB’s overall structure concerning
elements and recognition of marriage.
Media Restriction
Ghana, Mauritius, Namibia, Sierra Leone, and South Africa specifically list persons who
have a right to be at proceedings. In Ghana, only criminal proceedings are publishable,
and reporters are required to protect the identity of the victim 81. In South Africa,
publishing is allowed on condition that the identities of the parties are not revealed. 82 In
addition, South Africa reserves the right for a court to order an in camera hearing or
exclude any of the persons that are allowed to attend83 .
76
s.18 , Namibia DVA
77
s.5, First Schedule, Government Gazette, (17 November 2003).
78
S.25(2) Namibia DVA
79
S.16, first schedule, Government Gazette(17th November 2003)
80
S.7(2) Namibia DVA
81
S.25Ghana DVA
82
s.11(2)(a)South Africa DVA
83
s.11(1)(b) South Africa DVA
21
Whilst Mauritius orders that all hearings have to be held in camera84 , Sierra Leone
restricts the hearing to the parties and those whom the court permits 85 . Similarly, in
Namibia the court has the power to order a domestic violence inquiry to be free of the
media or the public86 . Furthermore, Namibia restricts the media from releasing any
information that might identify the applicant, complainant or child involved in the
proceedings unless guided to do so by the courts.87Zimbabwe does not give any guidance
on media restriction by the DVA.
Monetary Support/Reparation
Both Ghana and South Africa allow victims to recover funds in the event of domestic
violence. South Africa allows the court to order payment of “emergency monetary
relief”88 and reimburse expenses of the victim with respect to:
 Loss of earnings
 Medical/dental expenses
 Relocation/accommodation expenses
 Household necessities
Ghana, by contrast, allows for a victim to sue a party for civil remedies which may
extend beyond those areas of loss 89. Ghana’s DVA also stipulates that a special fund
should be managed by government to help victims re-adjust to society 90. This special
fund is funded by both government and private actors, and the funds are distributed as
seen fit by the government91 .
Zimbabwe does not have specific reference to a monetary source that a victim can apply
to for redress, but specific orders can be made in the protection order for awards as a
result of personal or physical injuries.92
Mauritius in its 1997 Act made no reference to potential monetary redress except in the
case of occupation or tenancy orders, where the accused may be ordered to contribute
towards rent or the mortgage, etc93. The DVA also provides for orders granting furniture
and other household necessities to the aggrieved spouse94with further amendments in
2004 adding powers to the court to order payments for maintenance, loans and other
things directly pertaining to property, as well as assigning an officer to oversee the
overall compliance within any given case95 . However, in 2007, that changed with the
addition of an alimony provision96 . Whilst alimony traditionally applies only to divorced
couples, in this case an ancillary order can be made whereby the accused pays the victim
84
S.9 Mauritius DVA
85
86
s.3, Schedule A, Government Gazette, 17 Nov 2003
87
S.30(1) Namibia DVA
88
S.7(4) South Africa
89
S.27 Ghana DVA
90
S.29 Ghana DVA
91
S.29-40 Ghana DVA
92
S.11(1)(d) of Zimbabwe DVA
93
S.6(2) Mauritius DVA(1997)
94
S.8, Mauritius DVA(1997)
95
S.8(8)(a) Mauritius DVA Amendment(2004)
96
S.8(B) Mauritius DVA Amendment (2007)
22
and any children of the parties as the court sees fit. 97 Where the accused is already paying
alimony this would not be applied but rather it would be treated more as an
accompaniment to any of the other orders (protection, occupation, tenancy) to be made
under the DVA.98 This therefore means that an alimony order will usually last only as
long as those other DVA orders will in a case of domestic violence.
Sierra Leone provides for potential monetary redress in terms of emergency medical
relief or temporary payments for the maintenance of children and the victim. 99 There is
also a provision for an order directing the accused to move from the matrimonial property
and yet continue to pay rent or maintenance or pay the victim’s rent in situations where
the victim is relocated to a safe house.100
Namibia does not make much reference to strict monetary compensation for damage, not
even for medical injuries. Indeed, in protection orders, the greatest ability to get
compensation is for the protection order to grant sole use of shared property to one party
in the event of eviction or other issues which have a non-contact nexus 101 or rent
payments in the case of the accused being evicted from the premises, which will only
occur “if an act of physical violence has occurred”102
The Ugandan DRB, as it does not define domestic violence, also does not make
provisions for redress.
Extra Sections
Zimbabwe has a highly extensive set of additional recommendations on strategies to

combat domestic violence. The establishment of an Anti-Domestic Violence Council and
counselors is part of Zimbabwe’s strategy to address the issue103 . The role of the Council
is to take a polycentric approach to combat the problem of domestic violence.
Representation on the council includes the following fields and bodies:
 Ministry of Justice
 Ministry of Gender and Women’s Affairs
 Ministry of Health and Child Welfare
 Department of Social Welfare
 Zimbabwe Republic Police
 Ministry of Education
 Council of Chiefs Private voluntary anti-domestic violence organizations
 Churches and Christian religious bodies
 One person representing the interests of “any other body or organization the
Minister considers should be represented on the Council”
To help combat domestic violence, the Council is responsible for the following tasks 104
(DVA s.16 (9) :
97
S.8(B)(1) Mauritius DVA Amendment (2007)
98
S.8(B) (3) Mauritius DVA
99
S.15(2)(d) Sierra Leone DVA
100
S.15(2)(a&g)Sierra Leone DVA
101
S.14(2)(f,g,h) Namibia DVA
102
S.14(2) (c ) Namibia DVA
103
S.15,16 Zimbabwe DVA
104
S.16(9) Zimbabwe DVA
23
 Promoting research on domestic violence
 Promoting provision of all services necessary for dealing with all aspects of
domestic violence (and in particular, to monitor their effectiveness)
 To monitor the application and enforcement of the DVA and other laws relevant
to the DVA
 Promoting the establishment of safe-houses to shelter DVA victims and children
 Promoting support services for victims when the accused has been imprisoned
 “Anything necessary for effective implementation of the DVA”105
As the strategy and organization of the Council is not limited to the enumerated members
and grounds of combating domestic violence, in theory Zimbabwe’s strategies in
combating domestic violence should be unique in structure and shape.
There is also the parallel formation of a Domestic Violence Management Board in

Ghana106 . The composition of the Domestic Violence Management Board is as follows:
 A chairperson who is the Minister of Women and Children’s Affairs

 One representative from the Attorney-General who must be at least a principal
state attorney
 One representative from the Ministry of Local Government who must be at least a
deputy director
 One representative from the Ministry of Health who must be at least a deputy
director
 One representative from the Ministry of Education who must be at least a deputy
director
 One representative from the police who must be at least an assistant
superintendent
 One representative from the Ministry of Social Welfare who must be at least a
deputy director
 Two representatives from civil society
 Four persons nominated by the president
The functions of the Domestic Violence Management Board are as follows107:
 To make recommendations for a national plan of action against domestic violence

and report on its progress
 Advising the Minister of Women and Children’s Affairs on policy matters per the
DVA
 Research, development and implementation of strategies to combat domestic
violence, as well as plans for funding
 Correspondence with organizations to coordinate a response to a victim of
domestic violence
 Management of a Domestic Violence Fund which is to help victims of domestic
violence by offering material support, education, etc.
 To “deal with any matter concerned with domestic violence”
105
S.16(9) Zimbabwe DVA
106
S.36-37 Ghana DVA
107
S.37, Ghana DVA
24
Whilst the Board has a large mandate which should be viewed as highly progressive,
something noteworthy about its structure is the discretionary powers allowed to the
President. Four of the thirteen positions to be taken on the Board are appointed by the
President108, indicating that there will be close involvement of the executive with proper
implementation of the DVA. Whilst this would be the optimal solution, a possible
concern is that this discretionary power may also result in improper appointments or
appointments of persons who may not have a progressive view towards domestic
violence. Whilst this kind of viewpoint is important to contribute to the overall discourse
on domestic violence, it seems imperative that the Board’s composition should be limited
to advocates for victims of domestic violence and relevant members of the executive.
In Namibia, there is something relatively parallel to the Ghanaian Management Board or

the Zimbabwean Council. There is a Gender-Based Violence Advisory Board assigned to
oversee the implementation of the DVA, as well as to review and report on outside
practices to address domestic violence. However, as the Advisory Board is not mandated
by the DVA, there are some concerns. A primary issue is that while Ghana and
Zimbabwe enmesh their regulatory boards within their DVAs (and thus imply that the
existence of these Boards will continue through the tenure of operation from legislation),
it is unclear as to whether Namibia only aims to have this Board in existence to make
sure the Act is working within the country. If this is the aim of the Advisory Board, it
remains to be seen how Namibia might review and implement practices from other
countries which may achieve intended results.
There is no express formation of any educational body in Mauritius, South Africa or

Sierra Leone. For example, in Sierra Leone the Minister is mandated to provide public
education on domestic violence and form the requisite institutions for education and
training109, but does not have a specific structure as to how this kind of measure will be
regulated. In South Africa and Mauritius, there is complete silence in the DVA as to
measures to provide for public education.
In many countries, it is clear that the DVA represents a significant departure from
previous policy which viewed domestic violence as a private dispute. Thus, it is striking
that only a few DVAs make specific reference to the need to review institutions, such as
the police. South Africa has a biannual requirement for the police service to remit reports
to an independent commissioner, as well as complaints against the police and what
disciplinary and/or educational measures are to be taken in response.110. In Namibia, there
is a review mechanism as well – there must be reporting of every instance when a police
officer has intervened in a matter the police consider domestic violence, regardless of the
results. Annual statistics and a report are thus to be remitted to the government 111. The
importance of police review cannot be underscored, because it is to the police that
victims of domestic violence will report to first. Thus, one main objective is to ensure
that the police are aware, sensitized and actually making use of the DVA when
applicable.
108
S.36(1)(I) Ghana DVA
109
S.22-23,Sierra Leone DVA
110
S.18(3,4,5) South Africa DVA
111
S.27-28Namibia DVA
25
TABLE 1: DIRECT SIDE-BY-SIDE
COMPARISON OF DVA COMPONENTS
IN SELECT SUB-SAHARAN AFRICAN
COUNTRIES
SOUTH AFRICA
SIERRA LEONE
MAURITIUS
ZIMBABWE
NAMIBIA
GHANA
DOMESTIC RELATIONSHIPS
Includes marriage and family
relationships by consanguinity, etc × × × × × ×
Includes non-cohabitation romantic
or intimate relationships × × × × ×
Includes all co-tenants
× × × × ×
Includes individuals in care and
educational institutions, etc ×
Includes domestic help
× ×
Definition extends beyond DVA’s
enumerated grounds × ×
Extends to both heterosexual and
homosexual relationships ×
Has a specific limitation period on
recognizing “ended relationships” ×
DOMESTIC VIOLENCE
Includes physical violence,
harassment and intimidation × × × × × ×
Includes broad-based economic,
psychological and verbal abuse × × × × ×
Includes broad-based sexual abuse
× × × × ×
Expressly includes cultural
Practices ×
Has ambiguity in language defining
sexual violence × ×
Excludes consent as a defense to
domestic violence charges ×
Expressly state that DV may be a
series of acts, or a single act × × ×
26
Has specific limits on ambit of
prosecution towards certain acts ×
PROSECUTION OF DOMESTIC VIOLENCE
Directives for police aid to access
shelter, medical facilities, etc × × × × × ×
× × × × ×
Directives for arrest by both police
and civilians
Mandatory investigation by police
upon reasonable suspicion of DV × × × × ×
Methods available for victims to
protest police services ×
Unclear language in outlining
procedures ×
PROTECTION ORDERS
Interim protection order available
upon application × × × × × ×
Can expand protection order to any
party by court discretion ×
Interim protection order is finalized
upon accused’s absence at hearing × ×
Protection order is available with
other legal remedies available × × × × × ×
Criminal court can order a finalized
protection order upon sentencing ×
Expressly allows court to restrict
accused’s presence at hearing × ×
Implicitly guarantees right to
presence of both parties at hearing ×
× × × × ×
Allows court to order remedies as it
sees fit to case conditions
Restricts court remedies to the
safety of the victim and relations ×
Allows court to order positive
behavior or action by accused × ×
Expressly allows court to confiscate
accused’s weapons × ×
Allows court to order therapy for
Accused ×
Allows court to choose its own
methods for hearing × ×
Has specific set of criteria listed for
determining if order necessary × ×
Allows consent as a defense to some
breaches of protection order ×
Occupation orders are only given
with a variation of impact inquiry × × ×
Expressly outlines penalties for
intentionally misleading police × ×
27
Expressly outlines ADR alternative
when an order has been breached × × ×
Allows courts to order therapy or
counseling for offender of order ×
Outlines specific procedure for
appeal of decision at order hearing ×
Orders cannot be universally applied
to retroactive acts of violence ×
Allows for statement of victim
impact to determine sentencing ×
MEDIA RESTRICTION
Restricts hearings to be in camera
×
Gives option to have hearing in
Camera × ×
Gives court discretion to determine
who is present at hearing ×
Expressly restricts full media
coverage of hearings × × × × ×
MONETARY SUPPORT/REPARATION
Allows for “emergency monetary
relief” × ×
Allows for claims upon medical,
maintenance and property costs × × × × ×
Expressly allows for further civil
remedies to be pursued ×
Has government funds expressly
available for victims of DV ×
Allows for alimony payments
×
EXTRA ORDERS
Mandates Ministry to act in some
way for social DV education × × × ×
Specific protocols listed for review
of police and statute implementation × × ×
Expressly creates external fund for
remuneration of DV victims ×
28
MATTERS ARISING FROM ANALYSIS IN THE
GHANA CONTEXT
A victim applying for monetary reparation in a civil suit in the Ghanaian context may not
be entire beneficial. For victims such as children or family members who are poor and
may not have the means for legal representation, the provision is a disincentive. It may be
more appropriate for the court to order such monetary reparation in the course of the
criminal trial. A government fund to support victims in the Ghanaian situation also raises
questions of effectiveness for a country were one in every 3 persons experiences physical
abuse, and one in five persons experiences psychological abuse. Statistics from the police
show a huge increase in the number of domestic violence cases particularly those relating
to non-maintenance of children.
TREND OF CASES REPORTED ON SELECTED OFFENCES

OFFENCE 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 TOTAL
RAPE 23 34 64 184 150 181 206 345 417 320 1924
ASSAULT(MOSTL 95 86 279 1861 2157 2059 2430 3573 4709 2992 20241
Y WIFE BATTERY)
THREATENING 21 16 63 772 588 435 560 691 1142 725 5013
CAUSING HARM 4 6 7 65 46 42 41 78 118 184 591
CAUSING 6 3 7 73 49 70 118 164 199 180 869
DAMAGE
INDECENT 11 17 29 104 90 74 106 138 141 99 809
ASSAULT
OFFENSIVE 4 1 2 226 360 323 671 452 621 396 3056
CONDUCT
CRIMINAL 1 1 3 17 23 35 37 82 108 127 434
ABORTION
ATTEMPTED RAPE 1 2 3 23 32 15 24 52 61 39 252
ATTEMPTED 0 1 0 19 15 20 18 35 59 42 209
ABORTION
BIGAMY 0 0 0 0 3 4 9 8 9 6 39
UNLAWFUL 0 0 0 0 0 0 11 25 29 36 101
EJECTIONS
NON 532 1390 1064 3230 6049 7488 7437 5005 6297 7044 45536
MAINTENANCE
THREAT OF HARM 0 0 0 0 0 0 94 126 1142 0 1362
OR DEATH
DEPRIVATION OF 0 0 0 0 0 0 8 16 11 11 46
PROPERTY
COMPULSORY 0 0 0 0 0 0 9 7 10 11 37
MARRIAGE
ASSAULT BY 0 0 0 0 0 0 2 0 5 38 45
IMPRISONMENT
KIDNAPPING 0 0 0 0 0 0 0 6 7 18
MURDER 0 0 0 0 0 0 0 0 3 1 4
ATTEMPTED 0 0 0 0 0 0 0 1 0 0 1
29
MURDER
HARRASSMENT 0 0 0 0 0 0 0 1 0 0 1
TOTAL 698 1557 1521 6574 9562 10746 11781 10805 15088 12256 80588
Although the DV Act provides for a Fund to support victims of domestic violence, the
criteria for accessing the Fund may exclude a number of people who may actually be in
need of financial assistance. According to Section 30 of Ghana’s DVA the moneys of the
Fund shall be applied:
“(a) towards the basic material support of victims of domestic violence,
(b) for training the families of victims of domestic violence,
(c) for any matter connected with the rescue, rehabilitation and
reintegration of victims of domestic violence,
(d) towards the construction of reception shelters for victims of domestic violence
in regions and districts, and
(e) for training and capacity building of persons connected with the provision of
shelter, rehabilitation and reintegration.”
PROSECUTION: At the heart of the legal response to DV are the actions expected of
police officers as enforcers of the law as peace officers and as protectors of victims.
The Police must be particularly well-positioned to provide assistance to victim-survivors,
but very often their own prejudices, lack of training, and reluctance to intervene hinder
them from dealing with domestic violence. Training and sensitization of police at all
levels must be instituted, and guidelines must be developed to monitor police response.
Police must be held accountable for their own behavior towards victim-survivors in order
to prevent secondary victimization of women at their hands.
The National Advocacy Partnership (NAP) Project which was launched in Ghana in
November 2006 was set up with the objective of seeing to the formulation of a safe,
sensitive and holistic national policy framework that would provide a coordinated
approach for responding to Violence against women and children.
In July 2008 NAP monitored the implementation of the DV Act after one year of its
existence. The monitoring covered police handling of complaints in terms of promptness,
hospital handling of victims seeking medical services in relation to violence, the
administration of trial of DV cases by the courts and handling of cases by the department
of social welfare and the referral and cooperation between different agencies.
NAP’s findings112 indicated that senior police officers working on DV cases were more
knowledgeable on the DV Act than junior officers. NAP also found out that service
providers had not received any new directives from their various head offices on how to
deal with DV cases since the passage of the Act. At the Department of Social Welfare
(DSW) it came to light that the Officers were aware of the Act but had little knowledge
of its content.
The study also revealed the law Courts as the last point of call when the case is of a
criminal nature or when the perpetrator proves difficult. In terms of training only a few
court officials had been trained on domestic violence and most of them did not have
NAP report on Montoring the Sate preparedness of selected state institutions towards implantation of
112
Domestic Violence Act and related Legislations. pg8
30
copies of the DV Act. The service providers under the Ghana health service displayed a
fair idea of DV but stated that they had not received any specific training on the issue.
In terms of documentation, process and management of clients, the hospitals did not have
any specific protocols for DV cases. However emergency DV cases were dealt with
because they are emergencies and not because they are DV cases.
WiLDAF, Ghana and the Canadian Crossroads International (CCI) with support from the
Ken and Oli Johnstone Foundation, is implementing a domestic violence project. The
project; “Raising awareness of the new Domestic Violence Act in Ghana while
monitoring its implementation in the judicial system through a court watch project” aims
at decreasing domestic violence in Ghana.
As part of the court monitoring project, WiLDAF, Ghana undertook a monitoring

exercise in three regions in Ghana- Western, Volta and Greater Accra Regions. The Court
Watch Project is to observe how the law courts apply and use the Act in determining the
outcomes of the Domestic Violence cases during court sessions.
The monitoring team in their report113 stated that some Judges were not using the DV Act
and rather preferred to use the Criminal Code and Children’s Act. Also a number of
complainants preferred settling their cases with their traditional rulers than with the
judiciary. The DOVVSU stated that victim’s preference for settling cases ‘at home’ was a
major hindering factor to the implementation of the DV Act.
It was also observed that most cases are adjourned due to the failure of prosecutors and
investigators to come out with the necessary findings/facts of the case during court
hearing. This not only prolonged the case, but makes it difficult for victims to receive
justice and due compensation where necessary. It also creates the opportunity for the
accused to be released on bail (as is the case most often) thereby not serving as a
deterrent for others against domestic violence114.
Role of Lawyers- Lawyers are key players in the fight against domestic violence. It is
important that Lawyers are trained in Human rights to enable them understand domestic
violence so that they would be able to seek justice for victims.
Role of Civil Society- Over the years, women’s organizations and other CSO’s in Ghana
have provided strong leadership in boosting the visibility of domestic violence by giving
victim-survivors a voice through personal testimonies and providing innovative forms of
support to victims of violence; and forcing governments to recognize their own failure to
protect these victims. They have pushed for policy change and institutional mechanisms
to be set up – be it legal reform, training of police, or providing shelter to women and
their children. In attempting to address the structural causes of such violence, women’s
organizations have sought to empower women through human rights education, and
linking women to larger networks. It is crucial that women’s advocates continue to lead
the process, particularly in playing a monitoring and accountability role.
Role of Government –Government should be commended for having the will to pass the
DV Act. This should however not end there. There is the need to pass enact a Legislative
113
Wildaf Ghana Court Watch Report June-August 2009, Western, Volta and Greater Accra Regions Pg. 4
114
Supra, pg. 5
31
Instrument (LI) to operationalize the DV Act. An LI is crucial because it comes with
resources that will ensure that intended beneficiaries are not denied full access to the law.
The drafting of LI must be treated with urgency so it will become a reality within the
shortest time.
CASES ON DOMESTIC VIOLENCE
32
COUNTRY PROFILES
Zimbabwe
History Leading to Legislation
CONTINUE FROM HERE
Zimbabwe voted to enact a Domestic Violence Bill in October 2006, with the formal date
of signing by the president occurring sometime in 2007. The tabling of the Domestic
Violence Act was the result of social pressures and the combined effort of a Women’s
Coalition made up of 27 organizations. While there was much resistance from elements
in society as well as politicians, it was finally formalized.
One thing that is noteworthy about Zimbabwe’s history is the role the Women’s Coalition
has played in the country aside from passing the Domestic Violence Bill. The Women’s
Coalition first formed in 2000 in order to fight against the proposed enactment of a
Constitution to supplant the one created postwar in 1982. Interestingly, the proposed
Constitution was criticized to discriminate against women, because of increased
recognition of traditional practices which are inherently biased against women. 115 It was
through this work that the Women’s Coalition grew in prominence across the country,
allowing them to introduce the Domestic Violence Bill to a receptive public.
Initially, the introduction of the Domestic Violence Bill was met with much resistance.
The first drafting of such a bill by the Women’s Coalition was in 2001, when it was then
proposed to the Minister of Justice. The Coalition was undeterred by the initial refusal
and returned in 2004 with the Bill as well as a petition of 10,000 signatures. This gradual
process may have been stalled at that point had it not been for the appointment of a
female vice president (who supported the DVB) and the establishment of the Ministry of
Women’s Affairs in 2005. There was future legislative resistance, including a publicized
statement by a parliamentarian who stated flatly that “women were not equal to men”, but
the bill passed through Parliament at first reading in 2006.
The elements that helped Zimbabwean women to influence the enactment of the DVB
were a well-established women’s rights coalition, a groundswell of public support and
coincidental establishment of women in strong ministerial positions. Social resistance
was strong, even amongst the ministers who were responsible for the introduction of the
DVB to Parliament (many were concerned about its implications on their own personal
situation, because of the explicit condemnation of gender-biased customary practices) but
it was this strong presence by Zimbabwean women’s groups that helped to push the Bill
through. This was indicated by the political party of the aforementioned parliamentarian
disavowing his comments and suspending him from party membership following a day of
protest by members of the Women’s Coalitions after his statement.
115
Hufstader, Chris. Zimbabwe Looks to New Domestic Violence Law. January 16, 2007; Oxfam America.
33
Aside from the enactment of the DVB, the diverse composition of the Women’s Coalition
was also key in creating a substantive document that was difficult for critics to assail. As
the members of the Coalition represented interests as far-flung as legal equality,
therapeutic services, protective services, and empowerment, there was a period of
nationwide consultation that helped in creating a draft DVB that was polycentric in its
approach towards domestic violence. Indeed, having a large body of researchers was
important because it helped to take many different concerns into account, as well as
provide facts and figures that would prove important when trying to justify the case for a
DVB towards a male-dominated Parliament. It was also important to have these members
because it encouraged a bipartisan approach towards the issue of domestic violence,
inspiring female members of both the Zanu-PF and MDC to work with one another and
the Coalition to successfully lobby for the enactment of the DVB.
The issue of domestic violence is significant in Zimbabwe. From statistics, one of every
four women in Zimbabwe experiences abuse sometime in her life, and sixty percent of all
murder cases have some nexus to domestic violence. Customary practices such as forced
virginity testing victimize young girls and the spread of HIV in southern Africa is
partially due to men keeping multiple sex partners, raping them without protection when
they refuse to acquiesce to their desires. In a country facing such problems with explicit
statements of misogyny by leading politicians, the enactment of a DVB shows that it is
possible to enact such an act in any country.
Novel Approaches to DV Education
Like the Ghanaian approach, Zimbabwe is also appealing to traditional authorities to help
in educating the populace about domestic violence. Whilst one may find there to be a
tension between this approach and the fact that specific cultural practices are outlawed in
the Zimbabwean DVA, customary leaders are being enlisted by the UN and Zimbabwe
Women Lawyers Association116. Their involvement with these organizations will include
training in recognizing and combating domestic violence, particularly in interpreting and
applying the DVA.
Involvement of traditional authorities is important because the changing of social

perceptions of domestic violence must include involvement of parties at the grass-roots
level and not just in legal institutions. Whilst the Constitution of Zimbabwe is given
primacy over any other laws of the land (be they codified or customary), it is this
recognition that rural people will more likely use customary dispute-resolution that
makes training chiefs and other social figures such as religious authorities all the more
important. While there may be an implicit tension in using traditional authorities to
enforce codified law which may directly clash with customs, so long as traditional
authorities accept their subordination to the Constitution of Zimbabwe they are key as
components of increasing social awareness of mechanisms by which domestic violence is
being addressed in the country.
It is quite clear that this introduction of the DVA must involve the welcome cooperation
of customary authorities, because their opposition would stymie the process of education
and sensitization across the country. Indeed, there are traditional authorities who are
UN NewsCentre. In Fight against Domestic Violence in Zimbabwe, UN Enlists Traditional Chiefs.

116
August 24, 2007.
34
trying to espouse methods such as virginity testing in order to combat the HIV
epidemic117. However, virginity testing implicitly places blame on the testing subject if
they “fail” said test (which is also rather questionable) rather than recognizing the rapid
transmission of the disease as being a larger social issue, one that has a significant nexus
with domestic violence. Thus, education of traditional authorities is important, because
otherwise social attempts to address major problems such as the growing HIV epidemic
will mostly be superficial, targeting specific parties rather than some of the root causes
which need to be addressed in order to effectively combat the problem118.
Another NGO, the Musasa Project, tackles the issue of domestic violence but decides to
work to educate the youth of the country119. The Musasa Project is the only NGO in
Zimbabwe to focus exclusively on domestic violence 120, by offering shelters (which there
are a major shortage of in the country), counseling, advocacy, and education. However,
unlike the UN initiative to educate chiefs, the Musasa Project is involved in educating
children from a time as early as primary school or in nursery. The aim of the project is to
educate children on their sexual rights, particularly with respect to their sexual integrity
and ability to refuse sexual advances. This kind of education, like education of customary
figures, is highly important for at least a few reasons:
 Legal nexus: defilement, incest and other family-related sexual offenses are a
major problem in most African countries (as per statistics of cases which are
eventually taken to court), and thus to educate children on their rights to physical
and sexual integrity is a key combat strategy. Also because family-related sexual
offenses are often underreported, the importance of educating potential victims or
observers is important.
 Future action: children, in the process of growing up, often emulate authority
figures such as parents or teachers. If there is proper education on the issues
surrounding domestic violence, it will help to deter youth and young adults from
potentially engaging in partner and child abuse.
 Social change: education and outreach to current social leaders is always
important, but it is quite common to encounter opposition or those who are
unwilling to ever change their current practices. In educating children, there is a
greater chance the message can affect the practices of society in the future.
The history of the Musasa Project is also interesting. It began in 1988 in its goal to
combat domestic violence, which was (and arguably still is) a socially acceptable practice
in Zimbabwe. However, the education process the Musasa Project had originally started
with did not include children or society in general. It rather concentrated on the police 121,
who had reported difficulty in working with the legal system and finding ways to
effectively act upon complaints of domestic violence, as well as interview victims. Thus,
the Musasa Project started by working exclusively with government agencies (the
117
Zimbabwe Sunday Mail. Murewa Elders Call For Virginity Testing. November 24, 2007.
118
Eva Ramokobola. Traditional Leaders Perpetuating Domestic Violence in Zimbabwe. Women’s Net -
http://www.womensnet.org.za/blogs/staff/2008/11/traditional-leaders-perpetuating-domestic-violence-in-
zimbabwe
119
Womankind Worldwide. The Musasa Project; ZWLA; WiPSU. http://www.womankind.org.uk/our-
partners-zimbabwe.html
120
Oxfam. http://www.oxfamamerica.org/partners/MUSASA_partner (NB: whilst the Musasa Project is
supposed to be found at www.musasa.net, that website is officially still in construction)
121
Stewart, Sheelagh. Working with a radical agenda: the Musasa Project, Zimbabwe. Gender and
Development, Vol 3, No 1, 30-35(6). February 1, 1995.
35
judiciary and executive branches) in trying to harmonize an approach between the two
bodies. This is quite significant, because in many African countries including South
Africa and Ghana, there have been reported issues in trying to coordinate an approach
towards domestic violence. This recognition that there needs to not only be education of
various sectors of the population, but also between these specified demographics, is quite
significant because in doing so it will help for proper transmission and recording of
domestic violence cases, as well as in creating a response to them. Furthermore, in
performing this task the Musasa Project concentrated on a smaller issue, rather than
trying to directly tackle the social issues of the day. Such gradual approaches tend to
augur well for the eventual integration of an NGO into the social consciousness of their
nations.
Another unique NGO in Zimbabwe is the Padare Men’s Forum 122. In many countries men
who espouse equality rights for women, or wish to educate others on issues such as
domestic violence, encounter social pressures to abandon these goals. In addition to these
social pressures, there is often suspicion encountered on both sides – both by men who
are doubtful of their agenda or position, women in society who may fear men due to their
exposure to domestic violence, and even other NGOs because of their gender positioning
with respect to encouraging gender equality.
Padare is a predominantly male organization which tries to act both as an advocate for
women’s rights, for educating the masses about domestic education, and also to act as a
support group for men who wish to join the equality rights movement. Padare mostly acts
in ventures of community outreach, but in methods that traditionally attempt to invert or
subvert cultural norms that encourage the preservation of patriarchy and suppression of
women. As padare is the name given to the traditional men’s-only forums of Zimbabwe
which were convened to discuss important issues, often workshops held by Padare are
dominated by men, and women are discouraged from participating because their presence
had been found to focus discussion towards much of the gathered group attacking women
rather than talking amongst themselves about the issue.
In these workshops, discussions about the causes of HIV (particularly prostitution, social
norms that discourage such discussion, and encouraging multiple sex partners for men)
then turn into forums discussing the practical downfalls and limitations of patriarchy. The
objective of Padare is that by using health concerns, one can open up discussions into
subjects that are social taboos such as domestic violence, child abuse and other
suppressive acts predominantly performed by males in society 123. In a men’s-only forum,
Padare has found that discussion tends to follow a highly different direction than when
participation by both genders is encouraged. In this way, Padare helps to draw men, one
of the most important groups, into the discussion on gender-based and age-based
violence.
With respect to a harmonized approach, this may have been the theoretical vision of what
the DVA hoped to accomplish in commissioning a Domestic Violence Council (DVC) to
oversee implementation, education and other matters which pertained to proper
knowledge and utilization of the DVA. The DVC is supposed to represent a great number
122
Machipisa, Lewis. Defying Patriarchal Attitude Pays Off. Shaan Online
[http://ipsnews.net/hivaids/uni_2612_2.shtml]
123
Case Study: Padare/Enkundleni – The Men’s Forum on Gender, Zimbabwe. Working With Men Against
Violence.
36
of parties to try and forge an approach towards domestic violence. The current appointed
members of the DVC are124:
 Herbert Mandeya – Ministry of Justice, Legal and Parliamentary Affairs

 Sibusisiwe Zembe – Ministry of Public Service, Labour and Social Welfare
 Bigboy Sylvester Mashayamombe – Ministry of Education, Sport and Culture
 Isabelle Nyarai Sergio – Police Representative
 Edna Bhala – Musasa Project
 Edna Masiyiwa – Women’s Action Group
 Kelvin Hazangwi – Padare Men’s Forum
 Bishop Trevor Manhanga – Pentecostal Assemblies of Zimbabwe (head of the
DVC)
Whilst there are representatives from the legal, police, NGO and Christian sectors, the
DVC is actually not as well-staffed as it should be. Strangely enough, the missing
members include those who would most advocate on behalf of victims (representatives
from the Ministry of Women’s Affairs and the Ministry of Health and Child Welfare) and
traditional authorities who may be resistant to the DVA (a nominee from the Council of
Chiefs). In a way, whilst there is likely some kind of standardization of approaches the
DVC is employing, it is a matter of concern that there is a lack of representation from the
parties hereby listed. Arguably, NGOs may help to advocate for victims, but will often
lack the ability to create the executive orders the absent Ministries would. Likewise,
whilst the religious and NGO representatives may help to represent civil society, the
absence of a chief on the DVC might result in the reluctance to adopt new practices by
traditional authorities.
Results to Date:
Because of the enactment of the Domestic Violence Act in October 2006, there is
currently no data available on the efficiency of prosecution or utilization of the legislation
in judicial hearings or decisions. However, there is hope that in future there would be
positive change in the country, along with quantitative and qualitative results which
indicate these effects.
However, there are many issues in the country that must be resolved. Whilst the evidence
to strengthen these claims is mostly anecdotal, they are likely widespread problems that
lack a national scheme for resolution. For example, issues with the DVA include the
ability to have it enforced in rural settings, to actually get the information into the hands
of those most affected (women and children), or to dissuade would-be perpetrators from
choosing violence125. Other procedural concerns include trial procedures and proper
enforcement of the DVA, particularly because in many African countries there is an
inordinate delay before cases are finally heard in court 126. Indeed, if there are procedural
and/or substantive issues with the administration of justice in a country, they tend to
amplify themselves in cases of domestic violence, often because the victim is reticent to
testify, the police and/or justice system are not particularly sensitive in general, or
124
This is according to Legalbrief Africa, dated November 6, 2007.
125
Gappah, Petina. We Must Remove Cancer of Domestic Violence. The Zimbabwe Times; August 7, 2008.
126
Muropa, Tafadzwa. Can Zimbabwe Really Protect Women Against Domestic Violence? A Personal
Reflection. June 30, 2008, kubatana.net [http://www.kubatana.net/html/archive/opin/080630tm.asp?
sector=OPIN]
37
evidence and trial procedures are not conducive to the general nature of a sexual
assault/domestic violence case.
38
Namibia
History Leading to Legislation In terms of gender-parity legislation with a potential

criminal nexus, Namibia also recently enacted the Combat of Rape Act in 2000 with the
greater aim of including all forced intercourse or penetration as sexual offences. This was
a large step forward in Namibia because the subsequent criminalization of acts such as
marital rape of intra-family defilement increased the public eye on such offenses,
bringing forth the realization that what was once considered a private issue had large-
scale public implications and as such needed to be addressed by public legislation.
Namibia, in addition to enacting the Combat of Rape Act, later devised Rape Protocols 127
which helped to streamline procedures for diverse actors such as police, social and health
workers, the judiciary, and even accused rapists. Whilst these forms might not seem like
anything groundbreaking on their own, the sum effect of addressing the issue, including a
section on how to deal with offenders, in such a manner will likely indicate greater
efficiency and enforcement of due process in all sectors dealing with sexual offences.
What is troubling is that whilst Namibia has created such forms for sexual offences, such
forms are unavailable for the issue of domestic assault. This is likely explained by a few
reasons, including the large scope of domestic violence issues and subsequent difficulty
in deciding what should be covered under the general ambit of such forms. However, in
Namibia this argument carries less weight than in other countries; because of Namibia’s
highly restrictive view of domestic violence and the parties that can be recognized as
having a domestic relationship (Namibia excludes many forms of property and/or
economic violence as recognized grounds for domestic violence).
Namibia’s campaign towards introducing a Domestic Violence Bill began in October

2002 with introduction of the Bill to Parliament. The Bill had been approved by the Legal
Assistance Centre (LAC) of Namibia, and had been the end result of consultation
amongst many civil society organizations and some members of government. Female
ministers in Namibia were already present and thus there was already some advocacy for
the Bill at the parliamentary level.
There were challenges involved in persuading Parliament to accept the Bill, as many felt
it was discriminatory to men and thus support did not coalesce as expected. In response,
the LAC helped to draft a speech put forward by the opposition describing the approach
of the Bill as gender-neutral and not attacking one gender or the other. This was
accompanied by introduction of a summary of the Bill for all members of Parliament as
well as an accompanying newspaper article published in three languages for public
education. This was also helped along by the participation of Minister Helmut Angela
and a member of the LAC, whose heated debate was then published in The Namibian to
increase public awareness and education regarding the bill.
Public reaction in Namibia was also quite supportive of the Domestic Violence Act. On
February 11, 2003, a set of demonstrations occurred because of a lack of widespread
support in Parliament as indicated by parliamentary debates in the previous year.
Demonstrators protested at the Supreme Court of Namibia in a peaceful manner with a
large amount of police supervision, which helped to galvanize public outrage against
police brutality. This public support was also echoed by the President of Namibia, who
expressly encouraged Parliament to pass the Bill.
127
Namibians Speak Out Against Domestic Violence. Namibian Institute for Democracy, 2004.
39
Finally, the Bill was passed in March 2003 and enacted on November 17, 2003. The
Namibian example thus illustrates that there are some elements which are important
precursors to passing domestic violence legislation. Previous familiarity with gender-
neutral legislation, an organized approach to galvanizing public support and luck in
having a receptive executive body were key determinants to being successful in enacting
the Namibian DVA128.
Novel Approaches to DV Education:

The involvement of men in Namibia’s campaign against gender-based violence spans a
long-running history, even prior to the enactment of the DVA. Namibia was recorded to
have the first ever National Conference of Men Against Violence Against Women 129 in
2000, which was the first meeting of its kind bringing together men from across the
country in a gender-specific forum involving international experts from Zimbabwe, South
Africa and Michael Kaufman, the founder of the White Ribbon campaign.
The meeting involved over a year of planning by the LAC, and occurred recently after the
enactment of a Combat of Rape Act which was gender-neutral and consent-based in its
definition of rape. Aside from being the first dissemination workshop to a “national”
audience on the new legislation, the discussion was initially led by foreign experts before
opening the forum for Namibian men to share their views on gender-based violence. This
discussion was framed around male-specific feelings towards their gender roles in
society, and how those structures are not so much necessities as imagined divisions
between the sexes.
The workshop was a major success, as almost all the participants came to realize their
own role in perpetuating or causing gender-based violence, but also on how
empowerment of women also was an affirmation of their own selves as conscious men
for a more equal society. Whilst the workshop was successful mostly because of the
dialogue men were willing to engage in and the process of discovery they embarked
upon, there were quite a few unique events, including:
 Introduction of global approaches towards domestic violence, including

Zimbabwe’s Musasa and Padare projects and South Africa’s DAV
 Showing of TV clips by Namibian Broadcasting Channel (NBC) detailing some
of the more horrific incidences of domestic violence, including the
dismemberment, cooking and eating of one wife by her husband
 Night vigil that took place at Namibia’s High Court in Windhoek to protest
against gender-based violence, including chants, reading by a reverend, and
poetry readings by some of the participants of the forum
 Division of the dialogue into region-specific groups, to help create practical
approaches to the issue of domestic violence in the specific areas of Namibia
It was through this kind of organization that Namibian male activists also showed their
support for gender-neutral legislation, particularly in the vein of s.10 of the Constitution
of Namibia which discourages against any discrimination on the basis of gender. Also,
through this kind of male-centered forum many issues could be tackled in an area where
Namibians Speak Out Against Domestic Violence. Namibian Institute for Democracy, 2004.
128
Namibian Men Against Violence Against Women: Report on the National Conference in Windhoek on
129
23-25 February 2000; Foreword (p. 2)
40
men felt less the accused than a group of concerned individuals who would step up to
disavow gender-based violence. At this level, Namibia was the first country to hold a
national forum which recognized the special need and concerns of men who wanted to
participate in a movement promoting equality, but felt pressure from two social
directions: from men who believed them to be “weak”, and from female activists who
they perceived to be implicitly attacking them, provoking insults and statements which
they thought needed to be conveyed in order to “defend” themselves from the oncoming
accusations. Finally, borne out of this Conference was the movement Namibian Men for
Change (NAMEC) which helps to propagate messages of anti-violence and anti-
chauvinism to the public, through public education seminars and the media.
The incorporation of the Gender Research and Advocacy Project (GR&AP) has also had
a lasting effect on education across Namibia130. GR&AP works to train both officials (it
currently has produced a training video for court clerks on proper handling of domestic
violence cases and also trains police officers and social workers) and the public. Many of
the works GR&AP works with can serve and stand-alone as a form of instructive
entertainment: for instance, the production of Whispers in the Wind, a film detailing
domestic violence and its nexus with child abuse and HIV/AIDS, was facilitated through
GR&AP. As well, publication of Cry the Abused Mother and Child, a collection of poetry
detailing domestic violence, was facilitated through GR&AP. What was very interesting
about the collection of poetry was that while it was completed by one single author, the
contributory illustrations are done by secondary school students from three schools across
the country. In this way, GR&AP has managed to increase involvement of participants in
diverse ways, as well as find ways to serve the information in a manner that also captures
the dramatic or literary sensibility. Whilst some may argue that this trivializes the issue
somewhat, in another way GR&AP is finding new ways to tap creative outlets and attract
discussion from both the masses and the intellectual elite – people who may be most
useful in finding the permanent solution to ending all gender-based violence but may not
be inspired otherwise.
GR&AP has been at work in Namibia since 1998. Its starting projects included the draft
bill which eventually led to the Domestic Violence Act, publication of the first Namibian
Domestic Violence and Sexual Abuse Directory, and also in the aforementioned Men’s
Forum. Having an organization like GR&AP which has the versatility to work at a legal
level whilst having the ability to carry its message to the masses is unique – something
which has been helpful in Namibia, because GR&AP has been instrumental in
developing the Guidelines on the Implementation of the Combating of Domestic
Violence Act (2004), a comprehensive document which not only instructs law
enforcement, but also other rehabilitative and therapeutic professionals on how to better
address and work with victims and perpetrators of domestic violence. Had GR&AP been
more focused in its scope, these Guidelines may not have been as comprehensive as they
turned out to be.
Involvement from groups that aren’t government or NGOs has also started to coalesce
and organize itself. Religious intervention has started to increase. For instance, women
theologians from three Lutheran churches comprising a membership of nine hundred
thousand have begun to speak out against domestic violence131. What is significant about
these women is that as theologians they have greater authority within their religious body
130
Gender Research and Advocacy Project. [insert webpage]
131
Lutheran Women fight Violence in Namibia. Afrol News, November 28, 2007. www.afrol.com
41
than most women do in theirs. As such, these women have a stronger ability to promote
initiatives which would help to combat gender-based violence. Also, what is noteworthy
is the explicit support these churches are giving the women theologians. It is in this vein
that religion is being brought into the equation in Namibia – to help promote messages
from a source which perpetrators often skew to their own ends to justify domestic
violence.
Aside from having internal recognition of the problem of domestic violence, Namibia
also participates in international studies on the issue. Like other African countries,
Namibia is a participant in many conventions such as CEDAW and other UN human
rights agreements/conventions. Namibia, though, takes its commitment one step further
than most African countries as it is inviting foreign study from the WHO on the
phenomenon of domestic violence in the country132. This study involves the Namibian
Ministry of Health and Social Services as the research institution along with the
Multimedia Campaign on Violence against Women, indicating that in Namibia the
problem is being taken quite seriously.
The WHO study clearly will have useful information on domestic violence patterns
globally, but what is interesting about the study itself are the questionnaire and method of
selecting interviewers per country. The questionnaire emphasizes domestic violence as an
issue with underlying social and economic concepts, which in itself is a significant
departure from the strictly legal language in the Namibian DVA which also has strong
limitations upon what it views as a domestic relationship. Financial autonomy, gender
roles and medical recovery from injuries are just some of the issues which arguably aren’t
that strongly considered per the legislation in the DVA. Furthermore, the “refinement” of
interviewers by training a large mass to pick only the best, indicates a more results-
oriented and less “volunteer” tilt this study will take. This choosing of questioners has
been found to increase not only the quality of answers being received from the
participants of the study, but simply in increasing the quantitative participation of women
in the study. It has also been found to be inspiring, empowering in some cases, such as
the following quote from a Namibian interviewer:
“I learned a lot from the beginning of the training, till the end of the survey. The survey
opened wounds, but I had to learn to face it and cope with it. The respondents really
needed and enjoyed this experience… [m]y career path changed… because I could do
something which can make a difference…”
Results to Date
The Legal Assistance Centre commenced a study in 2006 which examined the
implementation of protection orders through the Namibian DVA. Prior to the
research study, there had already been notice of trouble in actual facilitation of
applications – no assistance was often given in terms of helping victims fill out
132
Jansen, Henrica A.F.M. WHO Multi-Country Study on Women’s Health and Domestic Violence
(overview); UNECE Work Session on Gender Statistics, October 18-20, 2004. (NB: to date, Namibia is the
only country of the group referred to in this paper which is participating in the WHO study. The other
countries participating in the WHO study are Bangladesh, Brazil, Chile, China, Ethiopia, Japan, New
Zealand, Peru, Serbia, Tanzania, Thailand, and Vietnam)
42
forms, which led to incomplete or misleading information and causing possible
variations in substantive rulings related to protection orders.
Results from Namibia have been collated by GR&AP in a study detailing the terms of
approximately one thousand protection orders from eighteen locations across
Namibia. This was also conducted in tandem with interviews posed to service
providers in most locations, along with specific research as to why most clerks were
not designated to be Commissioners of Oaths, which served as an obstacle for clerks
to properly help applicants fill out protection orders. Prior to the tabulation of
results, it had already been noted that trying to obtain useful information for
categorization was difficult, because data extraction from protection order
applications was challenging.
A Gender-Based Violence Advisory Board was established by a Cabinet mandate in

2007. The first meeting was held on October 25, 2007, and involved members of
government and NGOs such as GR&AP. The inaugural meeting was devoted to
formulation of the terms of reference which would be used in the meetings. Whilst
there has been little in terms of substantive result that can be directly traced to the
Advisory Board, what needs to be considered is the relatively small amount of time
the Advisory Board has had to implement its mandate.
Another report which has some nexus to domestic violence is a GR&AP study which
examined the prevalence of rape in Namibia and whether the rates are changing 133. If
there is an increased sensitivity towards gender-based crimes and domestic violence, it
would indicate that there should be a change in the rate of reported crimes, and there has
been, a gradual increase every year from 1991 to 2005 (564 to 1,184 reported rapes in
each year, respectively). Again, problems that were reported from this report include
social pressures, difficulties in obtaining evidence and police apathy. This was key
because whilst marital rape is outlined as domestic violence under the DVA, it showed
that public education was not effectively reaching one key female demographic.
One legislative result that has strong origins from both the Combat of Rape Act and DVA
is the Criminal Procedure Amendment Act of 2003. Though the Namibian DVA has
some strong implications on potentially penalizing complainants if they make false
statements, and also has what could be viewed as far more lenient terms of definition in
terms of domestic violence, there was also recognition that court procedures in Namibia
would not be highly conducive to encouraging testimony from victims or other parties. In
response to this, the aforementioned Amendment Act provides for special court
arrangements to minimize the potential trauma of proceedings for victims of domestic
violence. This could include holding hearings in camera, restricting the access of the
accused to the victim in court, or obtaining testimony from one party at an external venue
to eliminate possible venues of contact. Whilst these procedures are not perfect and may
Rape in Namibia: Operation of the Combating of Rape Act 8 of 2000. Gender Advocacy and Research
133
Project (Legal Assistance Centre); 2006.
43
increase the perception of court bias, they still remain the only practical methods that
exist to address the issue whilst maintaining fundamental values of the court system.
44
Sierra Leone
Sierra Leone is anomalous within the group of nations described in this paper
because of the prior political status of the country leading to the legislation of the
DVA. Unlike all other countries, Sierra Leone had not had a recent history of stable
government to encourage lobbying by civil society as done by others. Rather, a civil
war had plagued Sierra Leone for almost a decade until the Lome Peace Agreement
in 1999.
Recognition of domestic violence as an issue in Sierra Leone was not as slow, or

gradual, a process of realization as it had been in other countries. Whilst the other
countries of this study have all housed refugees at one point or another, the wartime
environment of Sierra Leone had helped to create massive gaps in social
infrastructure. It has been documented that as a result of war, in both refugee camps
and the country where the conflict is occurring, there is an increase in gender-based
violence and crimes of a sexual nature 134. Indeed, in Sierra Leone the resumption of
a normal social order has been problematic for both refugees and victims of war
trapped within the country135.
It was through recovering from the war experience that Sierra Leone established its own
Truth and Reconciliation Committee (TRC) in 2002. One particular aim of this TRC was
to address the crimes committed by rebels. Many of the crimes that were revealed were of
a sexual nature, though the openness with which these crimes were discussed and
addressed helped pave the way for a social self-examination. The TRC was also
instrumental in bringing about this review by making recommendations which included
many initiatives to combat the problem of gender-based violence 136 including the
criminalization of certain customary practices and the establishment of a formal
legislation specially made to address domestic violence. What was also noteworthy in
Sierra Leone was the parallel establishment of a Special Court, which took a retributive
stance towards the perpetrators of crimes during the war. Through these two bodies there
became a realized need for the greater protection of human rights and prevention of
impunity in general, leading to the establishment of a parliamentary committee on human
rights (PCHR).
134
UNHCR Branch Office Kenya. Update on the Recommendations of the Surveys of Vulnerability of
Refugee Women in Kenya. June 2006; Gathumbi-Masheti, Anne. Combating FGM in Kenya`s Refugee
Camps. Human Rights Dialogue, Fall 2003, Series 2, No. 10, pp 17-20; Jefferson, Lashawn R. In War as in
Peace: Sexual Violence and Women’s Status.
135
United Nations Population Fund (UNFPA). Gender-Based Violence in Sierra Leone: A Case Study.
2005.
136
Lahai, Bernadette. Sierra Leone: The Role of Parliament in Ending Impunity on SGBV. Fahamu/Oxford
(http://www.fahamu.org) July 17, 2008.
45
A key prior establishment by the government of Sierra Leone in the area of gender-based
violence and familial violence include the creation of Family Support Units (FSUs)
within select police stations. As these FSUs were better equipped to handle the problem
of domestic violence (as they had received special training and sensitization to the
domestic violence as an issue to the state and not as a simple private matter), it was this
arm of the police which met in 2004 with the Ministry of Social Welfare, Gender and
Children’s Affairs. Products of the meeting included increased surveillance of domestic
violence cases and better coordination of social workers and police in aiding victims and
providing guidance to all family members.
Realizing that there was a larger social problem surrounding domestic violence than once
thought, the PCHR later reconvened to conduct a nationwide consultation on issues of
gender-based violence and sex-based unequal access to resource and education. Finally,
through the PCHR and a group of civil society organizations there was the tabling of four
bills to Parliament, one of them being the Domestic Violence Bill, which was enacted in
June 14, 2007. It was on that day that women, both working with CSOs and not, turned
out around the country dressed in white carrying placards and chanting to protest
domestic violence. Whilst the enactment of the bills took quite a long time, these women
did not stop protesting and in the end cheered for their successful result.
There were many challenges prior to the enactment of the DVA. One was from the Law
Reform Commission (LRC) of Sierra Leone, which questioned the legitimacy of the
PCHR in being able to draft legislation, as they had drafted similar bills to those of the
PCHR. This impasse was resolved after a period of time, though it seemed to only have
been the procedure which was in dispute by the LRC, and not the substance of the laws.
One issue which is likely to represent further agitation for CSOs in the country is the
amendments that were agreed to in order to pass the bills into law. For instance, the draft
bills had a section which had expressly criminalized all acts of FGM, which female
parliamentarians fought for but were under hard pressure by their counterparts to
abandon. In the end, a compromise was reached, whereby FGM was criminalized for
minors and in cases where consent was not given. One reason given by parliamentarians
for this amendment had been the need to compromise but also that CSOs had been apt in
past years to put unreasonable demands on government without providing substantive
measures or bills, documents upon which they could rest their rhetoric. In a sense, whilst
the legislation was a clear achievement by civil society and government in a cooperative
role, there may have been greater rifts created by the positions assumed by CSOs, women
parliamentarians and male parliamentarians, possibly rendering a less receptive audience
for future legislation.
As previously noted, there are many features to the Sierra Leone DVA which are not
present in other countries and indicate a more comprehensive approach towards domestic
violence. Given that much previous legislation in Sierra Leone was highly unfavorable to
women and diminished their status both inside and outside of marriage, this was highly
surprising to observe, particularly when much of society views male infidelity as normal
and rape as more of an offense towards family honor rather than an assault against a
woman’s sexual integrity. This may have occurred because of many reasons. Firstly, the
economy of Sierra Leone is heavily dependent on international aid, particularly from the
European Union, which may have been an economic impetus to enact legislation.
Secondly, Sierra Leone enacted a Constitution in 1991, which was markedly more
46
gender-progressive than previous national laws. Whilst this was also likely a result of
much foreign pressure, the existence of the new Constitution made for the presence of
domestic instruments which proved useful in lobbying for gender-friendly legislation.
The 2007 national elections helped to highlight gender-based violence policies as an issue
for all political parties to address. The Lawyer’s Centre for Legal Assistance had
published a report in May of the year detailing the legal system’s discrimination against
women and the lack of proper protection for women from law enforcement. As a result,
the Centre helped to draw more national debate on the issue as the political parties began
to make serious pledges and promises towards the issue, thus helping to educate the
populace in general on the idea that domestic violence and misogyny were not acceptable
in the modern Sierra Leone137. Furthermore, at the political level, a parliamentarian went
about publishing articles describing the new DVA and its ramifications in society138.
In 2008, Women in the Media Sierra Leone (WIMSAL) held a five-day workshop to
educate candidates for impending local elections on the stark realities of domestic
violence139. The result was heated debate as many of the candidates pledged to “protect
the interests of women” but evaded making serious commitments towards pursuing
gender equality at the local governmental level. The 50-50 Group (another CSO
emphasizing gender parity) went further, trying to educate the populace about trying to
select candidates who would look seriously at issues of domestic violence and gender
parity. In doing so, they had suggested that candidates should not run on party but
individual basis.
Government action has been slowly coalescing. To address the issues of sexual and
domestic violence, the Ministry of Social Welfare, Gender and Children’s Affairs
established Domestic Violence and Sexual Violence committees at district and national
levels to provide training in tandem with UNICEF 140. This was also augmented with
training of social workers and the police to better investigate domestic violence. The
further establishment of a Women’s Help Line by the police is also a positive step in this
direction, as the Help Line is devoted towards directing female victims on issues such as
domestic violence, as well as educating women in general on what domestic violence was
and on its illegality. Furthermore, by 2005, all police forces were mandatorily sensitized
on issues of gender disparity, HIV/AIDS and family violence.
Other agencies which are important for education on domestic violence in Sierra Leone
include the Forum for African Women Educationists (FAWE), Action for Development-
Sierra Leone (AFD-SL), the Women in Crisis Movement (WICM), and the Faith
Consortium. FAWE helps to serve both as an educational institution in the country and
also as a care organization for survivors of violence. Because of the high level of sex-
based violence due to the civil war, FAWE increased its program to include skills
137
Saunders, Adelia. Bold Womens Rights Legislation in Sierra Leone Puts Women’s Rights in the
Spotlight. July 6, 2007.
138
Lahai, Bernadette, supra.
139
Kandeh, Mariama. Opinion Column. July 15, 2008. http://allafrica.com/stories/200807020600.html
140
United Nations Population Fund, supra.
47
training for victims as well as public sensitization using some of these prior victims of
wartime, domestic and sexual violence. AFD-SL works primarily in health issues,
particularly those of victims of violence and youth suffering from HIV/AIDS. Public
education on these issues occurs regularly through its main workshop. WICM is mainly
devoted to the capacity development of victims of violence, particularly through skills
training, as the program’s primary concern is “rebuilding the lives of vulnerable women”.
Finally, the Faith Consortium is a religious NGO which worked to try and combat child
abuse and trafficking, mostly by trying to form networks between NGOs in order to
better coordinate efforts on the issue.
From the past description of all efforts in Sierra Leone, it becomes clear that there is a
lack of coherent strategy between government, NGOs and international agencies.
Because of this, social sensitization is likely to be slower and education initiatives are not
going to have as strong an effect as they might otherwise have. A need for a proper
mandate or agreement between shareholders is underscored given the particular lack of
proper judicial and policing institutions in the country.
Results to Date
As the DVA has only been in existence for one year, studies to document its effectiveness
and ease of access in prosecution are still forthcoming. However, Sierra Leone faces
severe challenges in proper implementation of any law, particularly because of the lack of
resources in the country.
Sierra Leone’s police force has been decimated due to a national history of one-party rule
followed by civil war141. There has been a fragmentation of security forces so that there is
provision by state actors, corporations, private individuals and even the public in some
cases. What is very striking, though, is that there is a large preponderance of youth-based
forces in the country including a militia which may have a capacity greater than that of
the armed forces in some parts of the country.
The lack of a unified policing system has created issues with trying to gain proper metrics
of crime. Because there is a lack of proper documentation of crimes in the country,
prosecution of crimes such as domestic violence is highly limited – indeed, there is a
remarkably low number of documented charges in areas as widespread as sexual abuse to
diamond possession. There are highly contrasting views within the country on the issue,
as some believe there is a low rate of crime in the country (and that the reporting agencies
are functioning properly), whilst others believe there is a high rate of underreporting in
the country of many types of crimes.
In the case of women’s rights in Sierra Leone, there is a widespread lack of public
awareness as well as a lack of proper constitutional mechanisms to promote equality in
the country142, indicating that social awareness of the crimes of rape and domestic
141
Baker, Bruce. Who Do People Turn to for Policing in Sierra Leone? Journal of Contemporary African
Studies 23(3), September 2005.
142
Castillejo, Clare. Strengthening Women’s Citizenship in the Context of State-building: The Experience of
Sierra Leone. FRIDE Working Paper #69; September 2008; Sierra Leone: Women’s Rights. Africa
Research Bulletin 17151 – July 2007.
48
violence may be nil or unreceptive to the idea. The fact that there has been a high number
of reported cases of assault or other “traditional” crimes in recent years indicates that
police sensitization to these new crimes is low, whilst police experience and the country’s
wartime ordeals are variables which indicate greater familiarity in prosecuting these
crimes.
There are attempts being made to reform the security sector with mixed results 143. With a
constitutional and legislative framework, progress is being made with regards to
strengthening the police force once more, but one major concern is that there is an
absence of review mechanisms to check the performance of the police or other bodies of
law enforcement. The lack of courts (which operate only in the major cities with only a
total of fifteen judges and eighteen magistrates comprising the judiciary) complicates
matters because of inefficient handling of cases as well as lengthy delays in prosecution.
Public perception of corruption throughout the police and judicial bodies (which is likely
deserved) also serves as a disincentive for proper reporting of crimes. As well, the
documented practice of demanding fees from complainants for papers and pens before
taking complaints is a major issue which needs to be addressed. These issues are being
addressed, though, as the general opinion in Sierra Leone is that as compared to the past,
the police and judiciary are more approachable than before.
Donor aid has been important in the addressing of social issues in Sierra Leone144. Aid
has been instrumental in ensuring a peaceful 2007 general election, and the withholding
of aid has sometimes cajoled the government into action. Indeed, with respect to the
gender bills legislated in 2007, there were warnings about reducing aid money if the bills
were not passed, which must have as served an influence if not as an impetus. The
harmonization of donor aid with CSOs and government actors, however, must be better
facilitated in order to forge a greater social support network.
Gbla, Osman. Security Sector Reform in Sierra Leone.

143
Making Aid More Effective Through Gender, Rights and Inclusion: Evidence from Implementing the
144
Paris Declaration: Sierra Leone Case Study. Social Development Direct and Oxford Policy Management;
June 2008.
49
Mauritius
Mauritius has a unique history compared to the other Commonwealth nations. As the
legal system is based on the French model as well as an amended Napoleonic code,
Mauritius initially had significant gender imbalance in its laws post-independence. The
relegation of women’s status to that of minors once they were married, the banning of
women from positions of power such as the judiciary and the subjugation of property
interests of women to the management of their male partners all represented traditional
doctrines which mimicked the common-law concept of coverture.
It was not until after the 1970s that Mauritius began to pay serious attention to issues
facing women in the country. The development of the major policy concern “Women in
Development” represented a large-scale shift in how government approached and
included women in the discourse regarding the fate of the country 145, including the
granting of free secondary schooling to both boys and girls beginning in 1976.
Government policy continued to be inclusive towards women in later decades, with a

more consultative approach to try and improve gender equality. This is quite in line with
Mauritius’ accession to CEDAW in 1985 and is quite a contrast from most African
countries in that there has been substantive progress in the area. However, the enactment
of the DVA is more likely an outgrowth of Mauritius signing onto the 1995
Commonwealth Plan of Action146, which provided a basis for national workshops for
senior government and NGO officials to discuss the issue of domestic violence. These
kinds of events were the likely basis for the legislation of the DVA, especially given the
low representation of women in Parliament.
Soon thereafter, Mauritius signed the Gender and Development Declaration in 1997 and
the Addendum on the Prevention and Eradication of Violence against Women and
Children in 1998. This has been in conjunction with a UNIFEM project launched in
Mauritius against domestic violence in 1998, a UN Development Program project to
promote gender equality and mainstreaming, and parallel efforts by NGOs to increase
public awareness and provide services including counseling and shelter.
Unlike governments in many of the other jurisdictions, Mauritius has made many efforts
to increase public awareness and sensitization around the issue of domestic violence. One
government approach to DV education has been the establishment of 24-hour help
hotlines across the country, which all report to the Domestic Violence Protection Unit 147.
These hotlines help to guide potential and actual victims of domestic violence to
145
United Nations Development Program. Seventh Africa Governance Forum (AGF VII): Building the
Capable State in Africa, Mauritius Response Paper. Ouagadougou, Burkina Faso. Oct 24-26, 2007.
146
United Nations. Common Country Assessment: Mauritius. May 2000.
50
institutional members equipped to help them. In this way, the Mauritian government is
starting to make inroads into public outreach – whilst this approach is of a passive nature,
with greater awareness of these hotlines and units serving to further notify the populace
on the problem of domestic violence.
Further attempts by the Mauritian government to increase women’s access to information

and related technologies is a unique approach which is an indirect method of targeting
educational campaigns. The establishment of an Information Technology Centre
exclusively for women148 is an important tool for empowerment, but it also gives the
government the ability to further provide information and modules that could be accessed
by victims of domestic violence. In this way, there is the potential for targeting specific
modules on domestic violence to those who may be most affected.
One highly interesting approach towards domestic violence employed by the government
is in the establishment of schools which catered directly towards children who lived with
domestic violence149. The incorporation of the children’s everyday experience into
educational modules is a potentially very powerful tool because in recording the stories
of the children there could be education in both two ways. Firstly, the stories could then
be retold to the populace, in order to serve as a way for the public to really become
sensitized and attuned to the issues as seen by youth, who tend to be a silent narrative in
the domestic violence debate. Secondly, the emphasis to these students that this life is not
an ideal life, but whilst emphasizing to them that, regardless, they are special children,
helps to both educate these students that what they see at home is not commonplace, but
that there is no reason to emulate the approach of their parents. Education is not just
limited to children, but there is also a Parental Education Programme to help combat
child abuse (which is an identified form of domestic violence in Mauritius) through
empowering parents by giving them new ways to approach a conflict as well as resolution
skills150, with further sensitization targeted towards children. To reinforce education, there
has also been the establishment of Zero Tolerance Clubs against domestic violence as
well as the introduction of a “Men as Partners” program to try and increase male
participation in the campaign151. Finally, all police officers are required to undertake
domestic violence training of one sort or another152, to hopefully increase sensitization
towards the problem in the country.
Perhaps the most interesting approach taken by the government was the national ‘One
Act Play’ competition which was used to inspire women at the grass-roots to recount
their tales of domestic violence 153. In holding this competition, the government had
attached a position of prestige to further discussion of the issue of domestic violence.
While it can be argued that this kind of contest might cheapen or trivialize the true effects
of domestic violence by making it a kind of popular phenomenon, what it helped to do
was add the narratives of women across the country to the discussion on domestic
violence. In having this competition, Mauritius was effectively trying to include all
147
Canadian Immigration and Refugee Board. Responses to Information Requests: Mauritius. September
08, 2004.
148
Statement by Honorable Mrs. Indira Thacoor Sidaya, Minister of Women, Family Welfare and Child
Development of the Republic of Mauritius at the 23rd Special Session of the General Assembly of the
United Nations. June 9, 2000.
149
http://ktlove3.travellerspoint.com/10/ (March 3, 2006).
150
UNESCO: Report on the Culture of Peace.
151
Mauritius Country Report on the AU Solemn Declaration on Gender Equality in Africa.
152
Mauritius: Application of the Code of Conduct for Law Enforcement Officials. UNCJIN.
153
Commonwealth Secretariat. Integrated Approaches to Eliminating Gender-Based Violence. 2003.
51
members of the public, which has been a challenge in the country because of the ethnic
diversity (but resultant isolated contact between the ethnic groups) in the population.
NGOs also contributed in novel ways to public education. A very interesting approach
that was employed by an NGO in Mauritius was the random public education campaign
as conducted by SOS Femmes. Picking the names of 33,000 men at random from the
populace, the president of SOS Femmes wrote to encourage men to actively participate in
anti-violence campaigns. This was backed up by a poster campaign conducted by the
NGO to educate the populace at large on domestic violence, but targeting men in specific
to try and enlist their help. Further work by SOS Femmes (which also operates a
women’s shelter in the country) uses theatre and drama to illustrate the issue to
audiences, as well as television broadcasts and interviews to introduce ideas and
discussion to the public154.
The issue of domestic violence has been taken very seriously by women’s rights groups
across the country. The campaign for sensitization on the issue had originally been
scheduled once for the Sixteen Days against Violence campaign that is conducted in
many countries, but in Mauritius activists agreed to extend the campaign to a year-round
gambit to combat domestic violence and educate the populace 155. This is significant
because whilst most movements try to unify the bulk of their advocacy to a select period
of time, in Mauritius the NGOs are trying to use a blanket strategy to maximize outreach
potential in the country.
Results to Date
Though the DVA was originally enacted in 1997, quantitative results are scarce. Lack of
government funding and cooperation in data collection has led to few results. However,
the presence of the DVA for the past fifteen years has been highly useful, particularly in
establishing shelters and helping to coordinate services for women, including a National
Action Plan in 2006 to tackle gender disparity in Mauritius. The major issue is, though,
that it seems not to have done much in terms of tackling the issue of gender-based
violence, as a 2001 study by SOS Femmes, four years after the passing of the DVA,
revealed that 84 percent of women in the study reported being victims of physical
abuse156, though there were only 69 cases reported in a period of six months, indicating
severe underreporting of abuse in the country. In a separate report, from the period 1997-
1999 1750 cases of domestic violence were registered and 515 protection orders issued,
indicating that there may either be a decrease in reporting (which means that public
education needs to be improved) and even if so, there is still significant underreporting if
the reported statistics on domestic violence are correct.
The long-term presence of the DVA in Mauritius has helped to produce high-detail
qualitative research about victims of domestic violence. Indeed, the issues have grown
beyond the logistic limitations of service provision to the capacity in which they are
154
[end-violence] mail thread: 16 Days of Activism: Mauritius. S.O.S. Femmes; December 10, 2001.
155
Mauritian Women Sick of Rape, Incest, Violence. November 10, 2006. afrol news; Mauritius: Victims of
Gender Violence Treated as Criminals. November 12, 2006; www.wethewomen.org .
156
Mauritius: Country Reports on Human Rights Practices. Bureau of Democracy, Human Rights and
Labor – U.S. Department of State. February 25, 2004.
52
provided and whether they actually help to give victims a sense of identity and self which
is detached from the victim or suppressed woman mentality 157. For instance, the single
women’s shelter in Mauritius helps to provide women not only with a protective
environment but also employment and the ability and skills to support themselves. In this
way, the shelter helps to render victims of domestic violence as productive members of
society, but there is also a large proportion of victims who end up returning to their
abusive partners and resuming their former ways of life. In a sense, the DVA helps to
give abused women the chance to recollect themselves, but the distinct lack of victim-
oriented therapy and re-sensitization of victims towards positions of equality present
barriers to reintroducing these women as completely independent members of society.
Also, the fact that the shelter is privately run and that there are no current government
plans to expand or build new shelters is very concerning, because that can have the
influence of decreasing the reporting of domestic violence in other areas of the country.
Further issues from the Jansen study include the fact that the victims of domestic violence
often plan their flights to minimize violence, which indicates that there is very little
actual police enforcement of the DVA, or at least that police do not properly discharge
their duties in investigating the alleged acts of abuse. Another is that victims who flee and
have children are in a two-fold bind: the first that is that if they flee with the children to a
shelter or another residence, they must submit legal reasons to justify their flight within a
proper amount of time, lest the perpetrator may claims of their negligence or theft of
property from the matrimonial home. If they do not flee with the children, they often
encounter difficulties from the Ministry in that their applications to obtain custody are
often met with the parallel argument that the children will suffer most if they are removed
from their default home environment.
All of these kinds of issues illustrate that even though Mauritius has made strides simply
by enacting a DVA, there needs to be further sensitization on the issues and limitations to
victims, particularly with court workers, the police and social workers. Legal aid is also
slow and not particularly sensitive to their needs, which further underscores the need to
educate other sectors of the civil service which are supposed to be their advocates. Even
the forms used to detail domestic violence tend to be recorded by police simply as
“wounds and blows”, without any real examination of the causes or issues which had led
to abuse. Furthermore, even the establishment of Children and Women’s Protection Units
(CWPUs) across the country, with a larger representation of female police officers, has
been called into question as actually being more harmful than useful when interacting
with victims.
Another result that could have been foreseen from the drafting of the DVA was its
inability to function to promote such ideas as gay rights and freedom to choose one’s
partner. One documented case of such was the restriction of a woman’s mobility and
access to communications, later resulting in her confinement in a mental institution,
because she had gone against her parents’ wishes in continuing a relationship with her
lesbian partner158. The current state of sexual offences law is silent on recognizing same-
sex relationships, and whilst domestic violence could be claimed in other countries (as
there would be a determined domestic relationship between the victim and offenders), the
157
Jansen, Karine. Abuse and Suffering: A Feminist Perspective on Domestic Violence, Bodies, and
Battered Women’s coping Strategies in Mauritius. University of Bergen, August 2005.
158
Virahsawny, Loga. Trauma for Young Lesbians in Mauritius: Parents Send Their Daughter to a Mental
Hospital for Loving Another Woman. Human-Rights Organizations Demand Better Treatment for Lesbians
and Gay Men. Catholic New Times; September 24, 2006.
53
Mauritian DVA has no inclusive ground for one to pursue a claim if they are not a minor
child, spouse or cotenant of the perpetrator of violence. Social recognition of same-sex
relationships is not forthcoming and attempts to reform legislation to be more orientation-
inclusive are strongly opposed159, even when the legislation in question attempts to also
tackle such serious issues as sex trafficking and child molestation.
Overall, enforcement and legal prosecution using the DVA has been sporadic at best,
with the quality of actual protection offered having a good many holes 160. Mauritius made
a significant step in 1997 by enacting a DVA but seems to have regressed in many ways
because it failed to make real substantive approaches to actually implementing the law in
a manner that would have social effects. The courts are often overloaded and in many
cases it is only through application of a protection order that domestic violence then
becomes criminalized, as police response and arrests pre-application are remarkably low
in the country (per the Jansen report). Also, whilst the Jansen report makes reference to
the possible existence of other women’s shelters throughout Mauritius, the fact that
officials were not aware of their presence further illustrates the lack of a comprehensive,
coordinated response to domestic violence. Without interaction at all levels of state, civil
society and the general public, it remains a major concern that there will be no further
progress in Mauritius. Indeed, even the relations between the Woman’s Aid shelter and
government actors tends to be one of antagonism and secrecy, particularly because the
police are often proud of their own accomplishments and thus ashamed of the fact that
they cannot properly manage this state of affairs.
159
Virahsawny, Loga. Battle Over Sexual Offences Bill in Mauritius. Afrol News; May 3, 2007.
160
Canadian Immigration and Refugee Board, supra.
54
Ghana
Ghana is a unique example of a state which has experienced relatively little civil
instability compared to its West African neighbors. However, Ghana also recorded
shocking statistics in terms of gender imbalance and domestic violence. A 1998 study had
identified that at least 54% of women in the Greater Accra region had been assaulted in
recent years and a further study in 2007 found that one in three women had been
physically assaulted by a current or previous partner161. When paired with lower rates of
female enrolment in secondary school and post-secondary education, it was clear that
there were many issues that needed to be addressed.
As recently as 2005 there were major issues with lack of response in Ghana surrounding
domestic violence. Passivity and active opposition to gender equality efforts included
government and religious bodies. To amplify the problem, even when NGOs increased
their presence during the 2004 election and advocated on the issue of domestic violence,
they failed to submit their proposals to the incumbent Ministry at the time162.
It ended up taking a strong approach by NGOs to prod the government towards taking a
concrete plan of action. The groups were highly diverse: for instance, the Foundation of
Female Photojournalists (FFP) developed a documentary on the subject with the help of
other civil society organizations and the French embassy, in order to provide information
to the populace163. There were also short-term activities which had lasting impressions,
such as the Women’s Strike in Anum, Ghana on International Women’s Day in 2004 164,
whereupon a large number of local women who weren’t even enmeshed in activism
spoke out to decry violence.
News events also helped to drive the country to take a closer examination in protection of
women. A spate of deaths related to domestic abuse or serial killers was prominent in the
news prior to the enactment of the DVA, and it was through these events that Ghanaians
began to seriously examine the underpinnings of their society165. Through the statements
of the Ministry of Women and Children (MOWAC), women took action directly to the
streets, carrying placards and chanting slogans decrying the prevalence of domestic
violence in the country. Public awareness of traditional mechanisms which harmed
women`s status, such as trokosi and the establishment of “witches” camps in the northern
regions, also increased recognition of gender issues as a pressing matter for the
country166. What was also quite noteworthy was that whilst the proposed DVA was most
161
Ghana Close to Adopting Law on Domestic Violence. February 26, 2007.
162
Public Agenda Ghana. The Haggling over Domestic Violence Continues. May 2, 2005.
http://allafrica.com/stories/200505030370.html.
163
Ghanaian Chronicle. Ghana Launches Campaign Against Domestic Violence. June 2, 2006.
164
Callaway, Sara and Glasman, Claire. Message to National Coalition on Domestic Violence on
Legalisation in Ghana – From the Global Women’s Strike for your March on 8th March 2004, International
Women’s Day.
165
Archer, Raymond. Ghanaian Women Demanding Protection From Violence. Ghanaian Chronicle. April
22, 2002.
166
http://www.afrol.com. AFROL Gender Profiles: Ghana.
55
beneficial to women (and thus most supported it), men in the country also saw the need
for laws to prohibit battering of women in domestic relationships167.
What also helped was that the government at the time was the one to establish MOWAC
and also outlaw the traditional practice of trokosi. Whilst customary practices were often
driven underground (such as FGM), the clear pursuit of such public policy increased
awareness of these practices as being violations of human rights. Of course, with such
bans came argument, including a statement from an aide to then-president John Kufuor
which decried the ban on trokosi as being “insensitive” to indigenous cultural practices.
Furthermore, the government was also making inroads into sensitization on domestic
violence, training units such as the Women and Juvenile Unit of the police (later referred
to as DOVVSU) to give police knowledge of the situation of women and children in
Ghana168. There was also the official formation of a national secretariat for DOVVSU in
2003, which would help in streamlining the provision of services.
The Domestic Violence Bill had first been proposed to Parliament in 2002 after it had
been drafted by FIDA, the National Coalition on Domestic Violence and assorted NGOs.
Whilst there were many points which most agreed on (such as points of redress and
official procedure for addressing issues of domestic violence), there was major debate
and protest over certain clauses of the proposed bill. Perhaps the most publicly
controversial clause was one proposing to erase the previous exemption on rape if a
marital relation existed between victim and assailant. This was even echoed by Gladys
Asmah, the minister of MOWAC, who publicly stated that the clause would help to
“destroy marriages”. This was a very concerning statement given that Gladys Asmah was
a member of the women’s caucus in Parliament and it became unclear as to whether most
female MPs shared this perspective.
The Bill remained in stasis for over five years, which resulted in many questioning the
sincerity of the government in enacting the legislation. Their concerns had at least some
merit, given the lack of female representation in Parliament and the statements of some
female MPs such as Gladys Asmah. Finally, on May 3, 2007, the Bill was enacted with
the marital rape exemption in the Criminal Code upheld. However, there was a section in
the new DVA which outlawed any sexual advance if it was against the consent of the
other party, which indicated that if there had been a challenge of the Criminal Code using
the DVA there would be a point of potential inconsistency found with the laws of Ghana.
No such challenge did end up being tabled, as the marital rape exemption was repealed in
a later review of the Criminal Code by the Law Reform Commission. Citing the
Constitution as the primary law of the land, the Commission found that the Constitution’s
express commitments to gender equality and minimizing discrimination against women
were contravened by this exemption in the Criminal Code, which actually predated the
Constitution of the Fourth Republic by thirty years. Finding that this exemption was thus
inoperable in the context of modern Ghana, the Commission recommended the
exemption to be erased from the Code, a measure which was approved by Parliament in
its sitting.
Cowan, Tausha and Boaslako-Korang, Theresa. The Ghanaian Domestic Violence Bill.
167
Immigration and Refugee Board of Canada. Ghana: Domestic Violence Victim Support Unit (DOVVSU),
168
Formerly the Women and Juvenile Unit (WAJU), Established by the Ghanaian Police and Whether it
Provides Protection to Women in Ghana. March 2006.
56
In Ghana, there have been many unique approaches towards addressing the issue of
gender-based violence, on the part of government, NGOs and various actors. One very
unique approach to education on domestic violence was the involvement of a Ghanaian
popular singer in trying to convey a message against domestic violence. The artist
Chemphe had released an album entitled ‘Why U Dey Treat Am Bad’ 169, which was a
statement decrying the violent treatment of women in the home. Stating that he had
observed an incident in 2006 which had made him think about the status of domestic
violence. The use of pop culture and music was unique, in that radio stations were likely
to carry the song on the air, thus helping to convey the message that domestic violence
was wrong. This was reinforced by Chemphe’s later tour entitled ‘Make U No Treat Am
Bad’, a message entreating men to not abuse their partners.
Other public figures in the media have also been instrumental in increasing awareness of
domestic violence. Newspaper editors, for instance, have been broadcasting the message
of a zero-tolerance approach towards domestic violence. Express messages such as that
conveyed on the Modern Ghana website 170 are useful because they are conveyed by
people who are more likely to be perceived as neutral rather than advocates supported by
the government or NGOs. It is through putting this message in venues such as
newspapers that a public discourse on the problem of domestic violence can develop,
which is important for education and sensitization on the issue.
There is a strong network of NGOs that also work in various ways to educate the public
on the issue of domestic violence. Perhaps the most unique work in the country has been
completed by Women in Law and Development for Africa (WiLDAF)-Ghana. WiLDAF-
Ghana has combined multimedia, education seminars and other advocacy symbols in a
variety of highly effective approaches which differ from standard approaches to domestic
violence education171. For example, WiLDAF-Ghana has produced a TV documentary
which helps to demystify domestic violence, particularly by illustrating victims as
potentially being anyone in society. This was further reinforced by more visual
campaigns they have accomplished, such as the hiring of women dressed in traditional
wedding gowns with bloody bandages, to further create the jarring image of violence and
abuse, even in a supposedly happy context such as marriage. WiLDAF-Ghana also
pursues many public education and advocacy campaigns, including holding
“marketplaces” where there is an aggregate display of all domestic violence services in a
given area so that the public can come and see the various facets and approaches that
organizations take to help victims of domestic violence. Finally, WiLDAF-Ghana has
been an active participant in a Legal Awareness Program (LAP) whereby they train Legal
Literacy Volunteers (LLVs) who act as voluntary paralegals in the area of family law in
their relevant constituencies. In doing so, WiLDAF-Ghana helps to provide a broad-
based approach towards domestic violence education, something which is further
augmented by their distribution of domestic violence literature and armbands to
interested members of the public.
NGOs in Ghana have also been better at coordinating their efforts than in most countries.
For instance, WiLDAF-Ghana often teams up with the Women’s Initiative for Self
Empowerment (WISE) to travel to rural settings to conduct broad-based seminars on
169
Graphic Showbiz. Chemphe: Why U Dey Treat Am Bad? November 23, 2007.
170
Oppon, Theresa. Domestic Violence, BE AWARE!! August 6, 2008. http://www.modernghana.com.
171
Canadian Crossroads International. Ghana’s Legal Eagles. http://www.cciorg.ca.
57
human rights education, particularly using the contexts of domestic violence and
economic marginalization of women. This kind of co-institutional approach is likely to
become more utilized with government coming onboard to help implement the DVA,
with the establishment of a Domestic Violence Management Board 172. Whilst the greater
mandate of this Board is to ensure that there is proper enforcement of the DVA, part of
the role is likely to work a great deal with NGOs to coordinate actions by stakeholders in
domestic violence.
Ghana is also seeing partnerships being developed between NGOs and corporations. The
Internet services firm Investis has also teamed up to help the Domestic Violence Helpline
develop and launch their own website to increase public awareness of the issue 173. The
aim of the website is to help instruct people on when to call the Helpline (as call volume
is very high and only 65% of calls actually end up being answered by the Helpline
service), as well as to educate the public on just what entails domestic violence. Use of
Internet-based resources and companies is an important step towards public education
because the Internet is attractive to youths, who may be unresponsive or otherwise
apathetic to the messages educators wish to convey on domestic violence. Furthermore,
the provision of Internet services by a corporate service helps to improve the efficiency
and targeting of specific demographics that browse the Internet.
There has also been use of health experts to discuss the various needs of domestic
violence victims. Whilst most initiatives attempt to go forth and explain what entails
gender-based violence and whether it is a human right or not, it is actually quite rare to
see specific public education seminars devoted to what should be done with a victim of
domestic violence once they have been extricated from the situation. It is interesting to
see medical experts thus discuss the need to take victims to a clinical psychologist rather
than religious or traditional authorities, specifically because of the need for neutrality and
the fact that these authorities are often ill-equipped to deal directly with this facet of
domestic violence174. This is significant because whilst most public advocacy and
education is devoted to awareness on the issue of domestic violence, this is going one
step beyond in exploring the true infrastructural requirements to deal with the problem on
more than a criminal level.
One final approach which has been helpful for incorporating health professionals into a
coordinated effort against domestic violence has been the solicitation of help from abroad
when needed. For instance, the University of West England had been enlisted to train
Ghanaian midwives to recognize signs of domestic violence and what actions could be
taken thereafter175. It was recognition that not just strict professionals such as doctors,
psychologists and social workers were important frontline defenses against domestic
violence which is perhaps most interesting here.
Results to Date
172
Nyame, Lizzy-Ann. Body to Enforce Domestic Violence Act. New Times Online. November 30, 2008.
173
Investis Inc. Investis Launches Goal Ghana and Domestic Violence Helpline Websites. December 18,
2006.
174
GNA. Refer Victims of Domestic Violence to Psychologists – Dr. Dickson. August 27, 2007.
175
University of West England. UWE Trains Ghanaian Midwives to Spot Domestic Violence. March 29,
2006.
58
Government work towards proper implementation of the DVA has been slow in coming.
Aside from the five years lag between introduction and final enactment of the Domestic
Violence Bill, it has taken one further year for the creation of a Domestic Violence
Management Board to coordinate efforts to properly use the DVA and have support
networks present176.
Indeed, it has been mostly up to NGOs to ensure that the populace is educated and able to
use the DVA when necessary. For instance, the establishment of a domestic violence
awards ceremony, to honor the efforts of individuals and organizations in public
advocacy and institutional reform, was created by WiLDAF-Ghana whilst the
government should be spearheading this kind of work.
It is important to note that MOWAC is at least interested in coordinating its efforts with
NGOs, as it helps to increase the effectiveness of education and outreach campaigns. An
exemplary workshop in this capacity was one held by Actionaid Ghana, where primary
aims included identifying the role of key stakeholders in a national action plan, as well as
delineation of roles and responsibilities177.
As the DVA has only been operable for little over a year, there currently are no available
studies on its effectiveness in actually combating domestic violence. Two separate court
watch studies, conducted by WiLDAF-Ghana and the Ark Foundation (who operate one
of the two documented women’s shelters in the country), are currently in the draft and
review stage. Some preliminary concerns arising from the studies, however, include
issues with both procedural components surrounding the prosecution of domestic
violence offences (key issues including inefficiency in the judiciary, the lack of proper
prosecution lawyers, court lack of using its powers to restrict court proceedings in order
to decrease the stress on victims, and translation issues) and substantive issues in terms of
judgments (lack of use of the DVA in verdicts, lack of substantial penalties for
perpetrators of severe domestic violence, court unwillingness to use protection orders or
occupation orders unless specifically asked for, etc).
There have been reports of a decrease in claimed domestic violence cases 178. In both the
Greater Accra and Central Region, there have been decreases in reported cases to
DOVVSU. While this is heartwarming the government is quick to claim that increased
public awareness and the passage of the DVA are the main causes for these reductions,
this is questionable. Firstly, in other countries there has not been this kind of
corresponding sudden decrease in reported cases, which could mean that there was
underreporting from the current year or that the extra unreported cases were not actual
cases of domestic violence and the public is becoming aware as to what constitutes abuse
and what does not. Also, if there are reports that one third of all women have suffered
physical assault in the country, it still indicates systemic underreporting of domestic
violence in the country, even though there are thousands of cases reported in Accra.
176
Nyame, Lizzy-Ann, supra.
177
Actionaid Ghana. Workshop for Capacity Building on the Domestic Violence Act (2007) – November
3rd-5th, 2008.
178
Ampadu-Nyarko, Justina. Domestic Violence Cases Drop in Accra. Daily Graphic. February 20, 2008;
Effutu. Domestic Violence Cases Reduce. Ghanadistricts.com. November 25, 2008.
http://www.ghanadistricts.com.
59
South Africa
With the close of the apartheid regime in South Africa there has been a transition towards
democracy which helped to give civil rights movements and other stakeholder’s time to
coalesce. These interests have often been taken up by the government as causes. In the
case of women, there has been a rather standard thirty percent representation by women
at the national level179, indicative of a gender-friendly environment at the political level.
This is likely because of the past contribution of women towards the liberation movement
in the country, an example being a march of twenty thousand women in 1956 to protest
the inferiority of Bantu education.
Unlike most other African democracies, South Africa’s transitory period to democracy
meant the government had more time to draft a Constitution. For women, this meant that
there was ample time to consolidate forces for a common Women’s National Coalition
(WNC) between 1992-1994, the years when there was nationwide consultation on the
terms of the new Constitution. This set of meetings was represented by women of all
factions, resulting in the drafting of a Charter for Women’s Effective Equality, which was
later reflected in section 9 of the Constitution which outlaws discrimination on the basis
of gender. While the WNC did collapse due to infighting, it was the establishment of this
Charter which would help to influence government policy with respect to gender equity.
A cross-party women’s caucus was formed after the 1994 election which then became the
Joint Monitoring Committee on Life and Status of Women (JMC). Its initial
achievements included health care reform to aid pregnant mothers and young children.
This was followed up with the legalization of abortion in 1996, which encountered
opposition within the ANC but was passed due to the strong influence women had within
government.
It was in 1998 that Pregs Govender, an ANC MP, brought forth legislation which would
be passed that same year and become the DVA. Previous law before the DVA had been
the Family Violence Act, enacted in 1993 by the National Party. Whilst the Family
Violence Act gave some awareness to the problem of domestic violence, the lack of
nationwide consultation, as well as the fact that it was passed by an apartheid-era
government, made it instantly suspicious to many black South Africans. It was only in
1998 that the South African Law Commission (SALC) suggested that there be new
legislation that took the views of academics and victims of domestic violence into
consideration. Ironically, it was the head of SALC who rejected the first draft of the DVA
on the grounds that it had “lack of neutrality”, though it was through the efforts of the
JMC and civil society that brought this initial first draft before Parliament, who then
made slight changes en route to enacting it.
Since the enactment of the DVA, there has been further debate and development of the
legal doctrines. Primary among these are better techniques to streamline hearings of
domestic violence, including a Witness Protection Act (1998) to better encourage
179
Meintjes, Sheila. South Africa: Beyond Numbers. Women in Parliament: Beyond Numbers.
60
testimony, the drafting of a National Policy Guideline for Victims of Sexual Violence
(1998) and the establishment of rape courts180.
South Africa has also started a Victim-Offender Conferencing (VOC) Project, which is
an analogue of other domestic violence ADR techniques employed in countries such as
Ghana and Sierra Leone181. The high rate of satisfaction reported by the small sample of
women interviewed, whilst not highly conclusive, is indicative that in the South African
context pursuit of private dispute resolution is probably favorable to all parties. This may
be useful because it might indicate a greater willingness by all parties to see each other’s
points of view; however, it could also represent greater social pressure to settle a dispute
in a manner that does not become “public”.
Other legal reforms which have occurred are the passing of the Equality Act and the
subsequent creation of the Equality Courts, an offshoot of the Magistrate’s Court182. The
Equality Act is a formalized version of previous Constitutional and High Court
jurisprudence which recognized certain rights to women, particularly in the areas of
property and religious marriage183, and is likely a response to the High Court requesting
further legislation be enacted to properly delineate the rights of women in South Africa 184.
These specialized Equality Courts are likely to help propagate messages of gender equity,
which is important because there have been recognized problems with respect to having
women’s issues taken with adequate seriousness at the magisterial level. These
approaches are being harmonized with DVA enforcement and other gender-based
violence concerns through the formation of a Sexual Offences and Community Affairs
Unit, which has imported Canadian best practices in trying to harmonize approaches
towards domestic violence185, including a domestic violence training manual which helps
to delineate social and professional responsibilities owed by each area of law
enforcement and rehabilitation services towards victims of domestic violence.
There is a very strong presence of gender equality and human rights organizations in
South Africa, which is coordinated by the Gender-Based Violence Prevention Network.
Media has been very effectively used in South Africa to drive home the message that
domestic violence is unacceptable. Certain examples include186:
 NISAA (the Institute for Women’s Development) there have been various
campaigns, particularly the “You’re Only Half a Man if You Rape a Woman”
180
Onyejekwe, Chineze J. The Interrelationship Between Gender-Based Violence and HIV/AIDS in South
Africa. Journal of International Women’s Studies, No. 6(1). November 2004.
181
Dissel, Amanda and Ngubeni, Kindisa. Giving Women their Voice: Domestic Violence and Restorative
Justice in South Africa. The Centre for the Study of Violence and Reconciliation, South Africa. 2003.
182
Ntlama, Nomthandazo. Equality: A Tool for Social Change in Promoting Gender Equality. 2006.
183
Brink v Kitshoff, Daniels v Campbell NO and others are examples from Constitutional Court.
184
Carmichele v Minister of Safety and Security and another, South Africa Constitutional Court.
185
Law Courts Education Society of B.C. Overview of the Integrated Domestic Violence Training Program
of South Africa. 2000; also see Mantu, Richard. Domestic Violence Training Manual. BuaNews. March 30,
2004.
186
van Vegchel, Bas, et al. Domestic Violence Against Women in South Africa.
61
campaign which utilized posters, stickers and T-shirts to broadcast the message
against sexual assault. This campaign was perhaps most interesting for its use of
advertising spaces on public buses, which is often private advertising space but in
this case was used to raise a social issue which may have been previously seen as
taboo.
 Soul City, an organization specifically devoted to making a widespread range of
materials for public education on domestic violence. Perhaps the most interesting
parts of its campaign include comic books for children on the subject, as well as
use of talk shows on both radio and the Internet.
 Games for Change, a NFP in New York, sent fifteen American students to
develop a computer game to be used by Cape Town youths in a public drive to
increase awareness of domestic violence among younger populations 187. The
inclusion of youth to create such a project is remarkable because it recognizes that
trends and popular phenomena among youth tend to be insular and hard to
ascertain from talking to the demographic. This also has the side benefit of
increasing awareness about the global nature of the problem, particularly for the
American youths.
 Speak Out, a website, is devoted towards giving space for victims of domestic
violence to tell their stories. By giving victims the ability to tell their narratives, it
indirectly empowers them whilst also providing instructions on what can be done
if they are in an abusive relationship.
 An episode of Isidingo, a South African soap opera which portrayed an elderly
woman who decided to speak about her experience of rape, as well as the family
pressures which had silenced her up until then188. This kind of dramatization is
useful because it helps to demystify the victim of domestic violence, and portray
the victim as a normal person in society – which they almost always are.
 Various women photographers, including Ingrid Masondo and Zanele Muholi,
who photograph victims of rape and also images which question traditional
female roles. In producing these stark images, the shock which will often befall an
audience will then render them more receptive to further discussions on gender-
based violence.
There have also been coordinated efforts by various stakeholders to educate the populace
on domestic violence. Some of the more noteworthy include:
 A cooperative project between the United Nations Office on Drugs and Culture
and the South African Department of Social Development to create one-stop
centres for victims of domestic violence 189. These centres have also been involved
in advocacy through radio broadcasts and training at schools, as well as direct
education to offenders at both the adult and juvenile levels. The project makes
sure to specifically target education towards the various incarcerated populations,
which is important because there is likely a different approach needed between
juvenile and adult delinquents.
 IMAGE, a project combining microfinance with HIV and gender education, is a
joint project between universities in South Africa, England and a microfinance
187
Khadaroo, Stacy Teicher. Game to Take on Domestic Violence. Christian Science Monitor. October 19,
20008.
188
Lewis, Desiree. Debating Sex Talk in South Africa. Institute of Development Studies, Sussex University.
September 2005.
189
United Nations Office on Drugs and Culture. Project Counters Domestic Violence in South Africa.
62
provider190. This is a unique project which offers women access to microfinance
so they can become economically self-sufficient and thus able to better dictate and
negotiate domestic and sexual relationships. As microfinance is specifically
designed to target the most impoverished in a community, the potential reach of
projects which are partnered with microfinance is greater than the conventional
media campaign. What is most interesting is the reported drop of 55% in ‘intimate
partner violence’, which indicates that this program is having a major effect on
domestic violence rates in the region.
 The Men as Partners program191, a collaboration between the international NGO
EngenderHealth and a various set of groups throughout South Africa, which
works to educate males on the issue of domestic violence. Of primary concern to
this program is to try and tackle the reasons as to why weapons and violence were
employed in the domestic setting, and to challenge the patriarchal assumptions
that often underlie the statements of perpetrators. In doing this, there is further
work on the education and sensitization of those committing domestic violence,
which is a key step in trying to decrease incidences of violence overall.
There are also examples where individuals have singlehandedly started initiatives to
combat domestic violence. Perhaps the best example is that of Mmatshilo Motsei, a nurse
from a township near Johannesburg, who founded the Agisanang Domestic Abuse
Prevention and Training Program (ADAPT)192. Operating as a women’s health centre and
partial shelter for victims of domestic violence, Ms. Motsei also has used ADAPT for
education of police and health care officials, finally using her influence to help found the
first women’s shelter in her area as well as a legal aid clinic specifically devoted to
victims of domestic violence.
From examining South African approaches towards education and sensitization, it

becomes apparent that while government plays a large role in some initiatives, there is a
strong presence of NGOs and civil society organizations. It seems that in South Africa,
there is greater embracing of the concept of volunteerism, as many of these NGOs are not
well-funded but still are effective in delivering their messages. Because of this and the
fact that government is actively working with and encouraging cooperative efforts with
civil society organizations, the overall movement towards combating domestic violence
has become more of a unified effort. This is important because it increases efficiency and
helps to reduce duplicity when organizations try to develop campaigns on domestic
violence sensitivity and education.
Results to Date
Results from South Africa give a very interesting portrait of what has happened since the
passage of the DVA.
From a strictly legal standpoint, it appears that there has been a success in public
sensitization towards domestic violence. Over the years 1999-2000, there had been an
observed 37.6% increase in the number of total protection order applications in two
190
HIV Trial in South Africa Cuts Domestic Violence Rates by 55%. Lancet Media. November 30, 2006.
191
http://www.irinnews.org/report.asp?ReportID=50137&SelectRegion=Southern_Africa&SelectCountry=SOUTH_AFRICA
192
Working Against Domestic Violence – Profile of Ashoka Fellow Mmatshilo Motsei.
63
regions of South Africa (one rural, one urban)193, indicating that people are becoming
increasingly aware of the DVA and its potential uses. There were also reports of high
volumes of unaccounted files in 2000, which would indicate that there likely was a
greater rise in domestic violence reporting than was documented. One thing that was
noteworthy, however, was that there wasn’t a discernible change in reported types of
domestic violence, nor was there a change in the proportions of each kind of violence
reported. This can either be explained in that these are truly representative of the actual
proportions of each type of violence in South Africa, or that there is systemic
underreporting of certain types of violence. The latter hypothesis has further evidence to
back it up in the studies examined further. Finally, one major concern was that the
granting of interim protection orders or urgent hearings was consistently higher in an
urban centre than the rural area in the study. This indicates that there may be social biases
imported into a magistrate’s judgment: while there may be more acceptance towards the
issue of domestic violence in an urban setting, a rural magistrate often coexists with
traditional practices and, as such, becomes somewhat desensitized to acts which
marginalize women, including domestic violence.
Further attempts to challenge the constitutionality of the DVA have also failed. A
reference to the Constitutional Court of South Africa challenging the validity of having
an interim arrest warrant and protection order placed upon him without his knowledge,
thus comprising what was argued to be a “finding of guilt” without fair trial 194. There was
also argument that the legislation, in its quasi-criminal state, required magistrates to
employ the “beyond a reasonable doubt” standard used in criminal law to determine if a
protection order was needed, instead of the “balance of probability” which was stated as
the standard per the DVA. The Court found that the applicant’s rights were not
compromised through the operation of the DVA, and that in the case of domestic
violence victims, even if there was slight deviation from proper constitutionality, special
laws that had specific legal intent (as the DVA does, per its preamble) were to be given
deference in instances where the infraction was minor, as it hypothetically could be in
this case. The upholding of the DVA on constitutional grounds, whilst logical because
any country’s laws need to be enacted in line with the supreme law of the land, is
nevertheless significant because it represents recognition by the judiciary of the social
problem domestic violence poses, and the need for special legislation.
Another important test case reflecting on the problem of domestic violence reflected on
the murder of a man by his wife after she had made repeated claims of domestic violence
to an unresponsive police service195. Though the act was premeditated (she handcuffed
her husband and then smothered him), one of the three judges presiding over the case had
completely exonerated her, stating that she was acting in self defense as she had
exercised all possible means to extricate herself from the situation, thus making it a state
failure on the part of her lack of protection. Whilst the accused was convicted, the case
stands as a powerful statement that the courts are becoming increasingly sensitized to
issues such as battered women’s syndrome and the nuances inherent in the criminal law
defenses of self-defense or duress. This was particularly exemplified because whilst
convicted, the accused did not face a sentence that was on the high end of the crime she
was accused for.
193
Mathews, Shanaaz and Abrahams, Naeema. Combining Stories and Numbers: An Analysis of the Impact
of the Domestic Violence Act (No.116 of 1998) on Women. The Gender Advocacy Program and Medical
Research Council (Gender and Health Research Group). November 2001.
194
Omar v Government of South Africa. South African Constitutional Court. November 7, 2005.
195
S v Engelbrecht. South African High Court. 2005.
64
The idea of the state owing a duty of care to victims of domestic violence was also
established in a 2000 case196.
One report from the Cape Town area in 2001 reported very disturbing results of violence
towards women. According to a sample of 120 women of all origins from the region,
almost 75% reported having been attacked, threatened or sexually assaulted within the
household, indicating that public efforts to curb domestic violence have not been very
successful197. What was striking was that there was also a further study from the
Tygerberg hospital, where 62 patients were admitted to emergency care because of
domestic violence-related injuries. 26 of these patients in Tygerberg were male, 15 of
them requiring significant health care198. When taken together, it indicates that further
social issues aside from patriarchy need to be better addressed when confronting the issue
of domestic violence in South Africa. Indeed, from the narratives of female victims, there
seems to be a cycle of victim-aggressor which both men and women go through, which is
exacerbated by poverty and the severity of assault influenced by alcohol use. However,
what is also concerning is the acceptance of such victims as having “deserved” this
treatment, which indicates that very complex social patterns are at work and are likely not
completely addressed by current education surrounding domestic violence.
It was not only the public who had conflicting perceptions of the DVA. A query of
magistrates found overall progressive attitudes and a willingness to grant protection
orders when asked for, but the magistrates also had problems determining when to use
the DVA199. There has been education of magistrates, who find the exercise on the whole
useful and enlightening, but they claim that there has not been enough education. Indeed,
when looking at the patterns of how they employ protection orders and the like, it
becomes quite evident that there are issues for many lawmakers when trying to determine
a civil versus criminal nexus to domestic violence. The lack of economic, property-
related, or “other” kinds of domestic violence charges recognized (those “common”
socially perceived abuses being physical and sexual assault, as well as intimidation) at
court does indicate that there are court attitudes which need to be addressed. The number
of requests made is also indicative, though – for example, there are very few physical
assault claims made by the victims themselves and the magistrates actually order more
protection orders than are claimed using that criterion of domestic violence. In itself, this
indicates that victims are underreporting certain kinds of violence, which is likely
symptomatic of how they view themselves as victims of domestic violence. This is also
reflected by the number of protection order hearings that are not attended by the victims
themselves (39%), which indicates that there is a great deal of social pressure and/or
inner conflict within the family which influences victims to recant their charges of
domestic violence.
Another major concern is to the magistrates’ confusion as to whether to employ elements

of criminal law and whether a police arrest should alter their own judgments with regards
to protection orders. For instance, they reported that police did not often discharge the
full ambit of their duties in assisting victims in writing up affidavits or making claims,
196
S v Baloyi. Constitutional Court of South Africa. 2000.
197
Gibson, Diana. Rethinking Domestic Violence: Case Studies from the Western Cape, South Africa.
Amsterdam School for Social Science Research, Working Paper 04/08. October 2004.
198
Joyner, K. et al. A Psychological Investigation of Emergency Cares Provision for Survivors of Domestic
Violence. Nursing Department, Stellenbosch University. 2004.
199
Artz, Lillian. Magistrates and the Domestic Violence Act: Issues of Interpretation. Faculty of Law,
University of Cape Town. 2003.
65
which made it difficult to employ the full extent of the DVA. Also, they reported a
distinct discomfort in trying to make sentences based on an accused breaching a
protection order. This is exacerbated by the fact that whilst the DVA gives competent
judges the authority to order sentences of up to five years for a breach of a protection
order, magistrates are limited to ordering sentences of up to three years, indicating that
there is some problem with respect to delineation of judicial powers in the DVA itself.
Overall, these concerns indicate that aside from magistrate confusion and in some cases
unwillingness to use the aspects of the DVA which more closely reflected criminal law,
there also needs to be greater review of police actions and further examination of the
DVA itself and which courts a case should be referred to (or, as Artz suggests, the
specialization of a branch of courts devoted specifically to domestic violence).
A major concern in South Africa is the apathy of police officers with respect to enforcing
the DVA. Citing budgetary restrictions as a major reason for ineffective policing, even
the Police Commissioner said in 2001 that the DVA was “made for a country like
Sweden, not South Africa”. This issue was further exemplified because whilst there was
supposed to be consistent police reporting to an independent monitor, there has been a
conspicuous absence of reports, particularly from the South African Police Service 200. All
of this indicates that whilst the intent of the DVA is good, there is a great deal of
discretion left to police that is left unchecked. When coupled with rampant social
perceptions that domestic violence is a normal everyday occurrence, the lack of review is
likely contributing to the theorized levels of high underreporting of domestic violence in
South Africa. This is also evident in certain symptomatic problems observed with police
treatment of the DVA, such as premature returning of weapons used to instigate domestic
violence201. Reports such as these are indicative of a lack of seriousness in treating the
problem of domestic violence.
One thing that is curious to note is that through the VOC project previously described 202
there was a high rate of satisfaction on the part of women. This is likely because of the
observed changes in behavior and listening patterns that was being recounted by the
women, who also did not hold the mediation at fault if their partners did not completely
fulfill their end of the bargain. In African culture, mediation is much closer to traditional
channels of solving a domestic violence charge, which has some implications on how the
courts should view an issue of domestic violence. However, this does not mean that all
cases should be referred to mediation, nor does it mean that mediation is the panacea.
Only twenty-one cases were referred to mediation as used in the study, which is
indicative that these cases are likely of a very special subset where the parties are still
having a very high chance of reconciliation. Furthermore, the lack of complete adherence
to mediation agreements is a major concern because it does not perfectly outline whether
a woman is completely free from domestic violence. Indeed, because of the documented
underreporting of certain types of domestic violence, it might be that there has been a
shift in how perpetrators of domestic violence abuse their spouses, and that the victims,
being conditioned to expect a certain severe kind of abuse, see any decrease in that
behavior as a “victory”.
Vetten, Lisa. Addressing Domestic Violence in South Africa: Reflections on Strategy and Practice.
200
United Nations Division for the Advancement of Women, Expert Group Meeting. Vienna, Austria. May
17-20, 2005.
201
http://www.irinnews.org/report.asp?ReportID=50137&SelectRegion=Southern_Africa&SelectCountry=SOUTH_AFRICA
202
Dissel, supra.
66
Whatever the picture one draws from the implementation of the DVA, there is a
consistent call that there has been a lack of adequate gender budgeting to ensure the DVA
is properly managed203. Overall, there are concerns on many fronts, such as police
budgeting to ensure that there is adequate coverage in all areas to address issues of
domestic violence. There are also concerns at court, primarily with the accessibility of
victims to the courts at night if there is an immediate need to fill out the forms requesting
a protection order. Training, provision of social services, greater accessibility, and the
lack of shelters are also major issues that need to be addressed, and the fact that domestic
violence has not been identified as a health issue results in an ill-defined role for medical
professionals, who are caught between demanding payment for services or providing
treatment for free204. This has become a major theme in South Africa, however: whilst the
government has enacted very ambitious legislation designed to encourage gender
equality, there is often a lack of budgeting to develop the desired outcomes. However,
government is at least cognizant that there are such problems, as reflected in the recent
formulation of guidelines to assist magistrates on how to treat victims of domestic
violence205.
South Africa, for the problems posed, has made some of the most significant
achievements in terms of creating and policing a DVA. In light of the many problems the
country faces, there are many avenues that are either advocating for change or providing
services at some level. The government also appears to be quite receptive to legislating
controversial items and inspiring social change. This is likely due to the strength of the
women’s movement, the gradual progression from apartheid through the establishment of
a Truth and Reconciliation Committee, and is evidenced by the DVA being open to
recognizing not just the rights of heterosexual couples, but homosexual ones as well. In
this way, the plurality South Africa encourages will likely serve it well in trying to
engineer new strategies to combat widespread problems such as domestic violence.
203
Meintjes, supra; Matthews, supra; also see Making the Act Work: A Research Study into Budget
Allocations for the Implementation of the Domestic Violence Act. Gender Advocacy Program (South
Africa).
204
Doolan, Katherine. Missing Piece in the Puzzle: The Health Sector’s Role in Implementing the DVA.
South Africa Crime Quarterly No. 12. June 2005.
205
Gabara, Nthambeleni. Guidelines for Domestic Violence Cases. June 23, 2008.
67
Case Study: Uganda
Social and Legislative History
The social structures of Uganda have traditionally been biased against women. Marital
rape, infanticide and domestic violence have been rampant in recent Ugandan society, as
can be attested to by high-profile murders and subsequent injuries of women in the
country, particularly in 2002 and 2003206. In addition, condemnation from the NGO
Human Rights Watch on the high rate of marital rape and domestic violence and its nexus
to HIV207 turned an international spotlight onto Uganda and its problems. It was through
these media events that a new light had been cast on domestic violence in the country,
both internally and externally.
There was already a large-scale movement towards domestic violence legislation dating
as far back as the early 1960s208. Whilst that first movement died out quickly, there was
further activism in the 1990s to create a unified bill on domestic violence. For example,
the DRB that was examined in the statutory comparison section was initially drafted in
1990, but had not even yet been heard in Parliament, as there had been continuous
opposition which cited religious and cultural grounds as reasons to leave domestic
violence as a private matter.
However, with the new reports of widespread domestic violence, a movement grew to try
and improve the rights of women across the country. A proposed DVB and Sexual
Offences Bill had been introduced along with the long-suffering DRB. When taken as a
sum, the effects of the three bills would seriously help to give women greater legal status.
For instance, while the proposed DVB and Sexual Offences Bill were to help combat the
direct phenomena of gender-based violence, the DRB was seen as a measure to
effectively target the inequity of marriage in Uganda209.
However, with respect to all of the bills there has been widespread opposition. For
instance, the common societal view that domestic violence is normal and that attempting
to make legislation in the area would contribute to the dissolution of marriages and
families poisoned the atmosphere of hope and change. Furthermore, there was opposition
towards the DRB on the grounds that it did not sufficiently take Islamic concerns into
account, such as that a man’s first wife did not have to be consulted in order for him to
take a second, and that secular authorities should not be involved in any way in ruling
over Islamic matters. Even with future amendments to the DRB which tried to tailor itself
to these Islamic concerns, these changes have been met with condemnation from other
religions as to the special status Islam was given in the DRB, as well as the possibility of
unequal treatment a woman could get based on her religious status. This was even echoed
206
Kulubya, Sheila. Marriages Straight Out of Hell. African Woman Magazine, Issue 7 (Nov 2002);
Odeke, Abraham. Domestic Violence Rife in Uganda. BBC. May 20, 2002; Johns Hopkins Bloomberg
School of Public Health. Domestic Violence Levels High in Uganda. January 22, 2003. Matsamura, Evelyn
Kiapi. Rights-Uganda: Unending Tales of Domestic Violence. Inter Press Services, 2003.
207
Human Rights Watch. Just Die Quickly: Domestic Violence and Women’s Vulnerability to HIV in
Uganda. August 2003.
208
Kameo, Elizabeth. Don’t Hold Your Breath. African Woman Magazine, Issue 7 (Nov 2002).
209
Rinaldo, Rachel. Uganda Bill Seeks to Equalize Marriage.
68
by Muslim women in Uganda, who in 2005 protested the contents of the DRB and vowed
to fight it210.
Socially, Uganda is a country made up a great number of diverse tribes, and there is
accordingly variance with rates of domestic violence. Tribal perceptions somewhat vary,
but a common view in some regions is that a wife is property to her husband 211.
Polygamy is encouraged in the Muslim North, and women have been desensitized to the
point that they believe that husbands love them only if they beat them; for example, in
Gulu district, there is a belief that a “true married wife” should have lost a tooth as a
result of beatings212. In Western Uganda, tribes are often characterized as “short-
tempered” which helps to serve as an excuse that “explains” domestic violence in the
region, and this is reflected in some troubling statistics from Rakai District 213. Central
Uganda, by contrast, has a greater tradition towards women’s respect, as the tribes in the
area have a common belief that for a man to maximally enjoy his wife, there must be
proper treatment and in necessary instances taking her positions. This may help to explain
why there is a domestic violence by-law in a part of Kampala (which is in Central
Uganda) whilst there is no common legislation for the country. This may also help to
reflect Islamic resistance to the DRB, particularly with the concept that a bride price
should be an optional component of a marriage.
Impediments to Implementing DVA: Civil War
A civil war between the government and Lord’s Resistance Army (LRA) persists in
Northern Uganda. This conflict started in 1987 and has not shown any signs of slowing
down, particularly given a new massacre of civilians on December 25 th, 2008. It has its
roots in the overthrow of Tito Okello by Yoweri Museveni, which resulted in the
formation of the LRA due to ethnic fears on the part of the Acholi people (to whom
Okello belonged to) that they would lose military prominence in Uganda. This civil war
has continued since that initial insurgence, and has had influences in other areas such as
Sudan and the DRC214.
Violence has since spread from the region known as Acholiland to areas across Northern
Uganda. Whilst there has been much fighting by the armies on both sides, the LRA has
been accused of perpetrating many widespread human rights offenses. For instance, the
LRA has been known to force children into army ranks, desensitizing them into killing
and becoming child soldiers. Women have also been subjected to many human rights
offenses on the part of the LRA, particularly in forced marriages, widespread domestic
violence by their soldier “husbands”, being left to raise their families after the LRA killed
their husbands, and being subjected to further abuses in Internal Displaced Persons (IDP)
camps215. It is common knowledge that in refugee or IDP camps, because of the absence
210
Manuh, Takyiwaa. African Women and Domestic Violence. Pambazuka News. November 30, 2007.
211
Nic, Gabie. How the Different Ugandan Ethnic Groups View Domestic Violence. www.helium.com.
212
Integrated Regional Information Networks (IRIN). Uganda: Poverty, Wars and Alcohol Perpetuate
Domestic Violence. UNHCR Refworld. July 15, 2008.
213
Yin, Sandra. Long-Held Assumptions Pose Obstacles in the Fight Against Domestic Violence.
214
Lord’s Resistance Army Insurgency, Wikipedia.com; Uganda Civil War, www.globalsecurity.org.
215
Lough, Richard and Denholm, Euan. Violence Against Women in Northern Uganda. AFR. July 17,
2005; Naiboka, Jennifer. Ending Violence Against Women in Uganda’s Refugee Camps. IMC Worldwide;
Northern Uganda: Between War and Peace. www.tearfund.org ; Okio, Florence. Uganda: War and Sexual
69
of strong law enforcement, greater violations of human rights can occur. Indeed, in
Uganda’s IDP camps rape and domestic violence are widespread.
There were peace talks in Juba in Sudan which started in 2006 and failed in 2008. Whilst
they did not conclude in a lasting peace agreement, women came out to support the peace
talks216. Two hundred women from five districts made their plea for a lasting peace in
Northern Uganda, citing their exhaustion with the war and the disproportionate effects
the lasting violence has had on women in the region. What was important about the call
was that it did not come from one single organization – rather, twenty-five organizations
representing the larger spectrum of social, religious, and political representation made a
unanimous effort to encourage the success of the peace talks. What this indicates is that
the civil war, while being perpetuated, is not being perpetuated on the behalf of any
woman: rather, the widespread condemnation of violence by all women’s fronts indicates
that the conflict is helping to exacerbate problems such as child abduction and soldiery,
forced marriages and domestic violence, whether it be in army camps or in IDP camps.
Though the civil war has not conclusively stopped, there are efforts to make a lasting
peace arrangement. In the interim, many northern Ugandans are making the transition
back from IDP camps to their homes, a journey which will help to decrease some kinds
of gender-based violence which are often observed in refugee camps. Return, however, is
very uncertain, because the insurgency aided in destroying what infrastructure was
present in Northern Uganda. To these extents, provision of elements such as services and
security are lacking and this helps to put many people in effective danger. This is
especially true for women and children, who are the principal victims of domestic
violence in normal situations and will be further marginalized in these reconstructing
communities217.
Projects are in effect not only by the Ugandan government, but also by UNICEF and
associated partners to try and resettle IDPs and improve the status of women and children
in the area218. Particular projects include trying to educate girls and women whilst taking
them from IDP and LRA camps and resettling them in Northern Uganda and helping to
increase sensitization towards gender-based violence, particularly in training of law
enforcement officials and traditional heads of power. Much like other conflict situations,
there is a widespread need for coordination of efforts at local, national and international
levels, much of which comprises the UNICEF mission.
Whilst there are plans in the works for potential development, the lack of an actual
ceasefire or peace agreement makes it difficult to rebuild infrastructure. In this case, this
unfortunately means that pieces of legislation like a proposed DVA, if actually
implemented, would likely be ignored in Northern Uganda amidst the uncertain
atmosphere. As well, with ensuing violence by the LRA, it becomes clear that women’s
status in Northern Uganda is likely going to be diminished once more.
Impediments to Implementing DVA: Government Apathy
Violence in the North. www.allafrica.com, July 17, 2008.

216
Northern Uganda Women Speak Out on Juba Talks. UNIFEM, Uganda Women’s Network.
217
From Emergency To Recovery: Rescuing Northern Uganda’s Transition. Oxfam Briefing Paper 118.
September 2008.
218
Interventions on Sexual and Gender Based Violence in Northern Uganda. Symposium on Violence
against Women in Conflict Situations, Brussels. June 21-23, 2006.
70
The key area which is holding back enactment of any of the three bills is that the
Ugandan government shows a remarkable amount of apathy towards actual legislative
action. Whilst there have been repeated calls by civil society, parliamentarians and even
President Museveni on the issue219, there has been no actual legislation. In fact, in 2008,
the DRB was shelved once more220. This is in high contrast to his statements which speak
of his “commitment” to combating domestic violence, but is actually consistent with
prior action by him, particularly a shelving of the DRB in 2006 when he stated “it (the
bill) was not urgently needed”221.
This kind of behavior has been seen in other African countries before. It is noted that in
many cases, countries that sign international protocols such as CEDAW or the ICCHR
delay ratifying or implementing the conventions which would bring their respective
nations in line with the terms of these agreements 222. It is possible that because developed
nations often tie aid to signature of these treaties, countries such as Uganda sign these in
order to obtain aid, and then choose not to act. Indeed, a theory advanced by William
Easterly’s Elusive Quest for Growth is that aid acts as a disincentive to perform well or
move towards certain standards, because aid tends to be given to states which perform
worst. Whilst this may not be strictly true in Uganda’s case, it is striking that whilst it is a
signatory to CEDAW, it has not gotten any closer to enacting any of the three gender
bills even though one of them has its history from over forty years ago.
Another factor which might be hindering progress is the presence of Yoweri Museveni.
He ascended to power in a coup, which resulted in the formation of the LRA and the
insurgency in Northern Uganda which is presently ongoing. At one time, Museveni was
hailed by the West as part of a generation of the “new leaders of Africa”, primarily
because he had been able to curb the hyperinflation that was hindering Ugandan
development in the 1980s223. However, this kind of “savior” status has become
increasingly questioned in recent years. For instance, Museveni first held elections in
1996, and there was a constitutional two-term limit to the presidency of Uganda.
However, in 2005, Museveni attempted to alter the Constitution and change the
constitutional limit, which resulted in political infighting and the eventual removal of
many ministers. These measures also resulted in international cutbacks in aid to Uganda,
which were also triggered by arrest of political opponents. Museveni won the election in
2006, though it was marred with irregularities, violence and intimidation and upheld with
only a 4-3 majority by the Supreme Court of Uganda.
Because Museveni came to power in his last term with such controversial results, it is
quite likely that acts such as the DRB have become political tools for him. Indeed, the
statement about shelving the DRB during the 2006 elections reflects that because there is
219
Musuya, Christine. Saying “No” to Domestic Violence in Uganda. Department for International
Development. June 25, 2007; Mutobaazi, Enoch. Ugandan Women Want Tougher Laws on Violence
Against Women. December 4, 2005; Parliament of Uganda. MPs Want Domestic Violence Criminalized.
2008; High Level Political Support for Gender Bills in Uganda. Club of Madrid. August 6, 2008.
220
http://womensphere.wordpress.com/2008/07/15/uganda-shelves-domestic-violence-bill/
221
Manuh, supra.
222
One example is a quote from Dr. Haifa Abu Ghazaleh, head of UNIFEM’s Arab States office:
“Seventeen Arab nations have signed or ratified CEDAW… most Arab countries do not go beyond the
signature, despite their obligations…” (March 8, 2006); another summary of CEDAW’s overall
international effectiveness can be seen at http://esaconf.un.org/WB/default.asp?
action=9&boardid=33&read=2020&fid=325.
223
Yoweri Museveni; Wikipedia.com.
71
a large public contingent opposing his rule, attempts to put in controversial legislation
like the three gender bills may hurt his chances at future power. It is striking that in the
twenty years he has been in power, he has not enacted any form of a DRB or DVB, which
further illustrates his lack of commitment to gender equality.
With the election of a new leader, the resolution of certain issues such as party infighting
and bipartisan conflict may occur. It has been quite clear that in all other countries
surveyed, political stability has been a key component for implementation of socially
controversial bills like a DVB. However, just as Museveni has not been particularly
supportive of gender bills, it remains to be seen if a future leader would be.
Gender Rights Advocacy in the Country
In Uganda there are some elements in civil society fighting for better rights accessibility
for women, with many taking their roots from past movements to try and instill gender-
friendly legislation. However, with the lack of effective legislation and the uncertain
wartime climate, most of these efforts are restricted to central and eastern Uganda, which
has limited their effectiveness.
Mifumi is an NGO that was founded in 1997 and whose primary aims are to try and curb
violence against women and children in Uganda 224. Some key projects Mifumi had been
involved in include community advocacy against domestic violence, particularly through
the provision of legal aid clinics, paralegals and advocates for victims of domestic
violence. Further education and training has been provided to the police, judiciary and
health professionals to increase sensitization to domestic violence. As well, Mifumi has
worked with men in the community to try and tackle the problem of perpetration head-on.
One of Mifumi`s greater achievements has been the establishment of a domestic violence
training manual, upon which they have based their own provision of services, which has
helped to streamline their endeavors.
Another NGO that has been particularly active in domestic violence activism is
CEDOVIP. CEDOVIP targets its activism in three specific programs225:
1. Domestic Violence Prevention Demonstration Project: This involves

specifically targeting regions (CEDOVIP currently works in the Kampala district)
to inspire and educate the public on domestic violence, educating law
enforcement officials on methods that uphold women’s and children’s rights and
advocating for change through local government. Key aspects of this program are
a local activism department that attempts to work with all private and public
decision-makers and dispute resolution officials to encourage a more gender-
friendly problem-solving approach, and a men’s department to try and increase
engagement with men. Of interest is that CEDOVIP orients its workshops towards
areas which contain their target audience, rather than trying to create workshops
and then attract the audience (examples are carpentry outreaches and sporting
events in the men’s program, and outreach including street theatre and educating
224
www.mifumi.org.
225
CEDOVIP: Annual Report 2006; also see Raising Voices Initiatives (http://www.raisingvoices.org) for
further details.
72
traditional marriage counselors via the activism department). This project is
comprised of trained volunteers with equal representation of both genders, who
also contribute towards capacity building, forming a cohesive media strategy and
producing learning materials for interested members of the public.
2. National Domestic Violence Prevention Initiative: CEDOVIP attempts to
increase both quantity and quality of domestic violence preventative measures in
the country via this program. Ten organizations around the country were selected
to help CEDOVIP develop a more cohesive national advocacy strategy, and to
increase the capacity of all NGOs devoted to fighting domestic violence. This is
much less of a direct public advocacy approach, but is important because
CEDOVIP has realized the importance of uniform knowledge across the country
and has accordingly created a National Training course to evenly distribute
domestic violence skills training across the country.
3. National Advocacy Program: The main aim is to create a cohesive media
strategy through which CEDOVIP can continue to sensitize the Ugandan public
about domestic violence, followed by advocacy in influencing policy. This is
conducted through a variety of methods, including radio releases, journalist
interviews and advocacy during the Sixteen Days of Activism. One thing that is
unique about this arm of the program is the education of journalists and their
subsequent sensitization towards domestic violence. Through this, CEDOVIP is
aiming to increase both domestic violence coverage in the country and to have
influential media persons supplying opinion pieces and editorials which can
inspire further national discussion on the issue. As well, in 2006 there was
concerted advocacy work to engage in drafting of the DVB in which CEDOVIP
was a key stakeholder, as well as Children’s Act advocacy.
CEDOVIP records a number of successes, which is important to note when taking into
account the limited stature domestic violence is given through actual legislation.
There has also been activism at the legal level, particularly in striking down gender-
unfriendly legislation. Work with the Georgetown School of Law, for instance, has
resulted in the Ugandan Constitutional Court overturning parts of the Criminal Adultery
Law which prosecuted married women but not men for infidelity226. This is unique
because it has yielded a gender-positive result that has not been stalled by Parliament,
such as the potential enactment of the DVB, DRB or Sexual Offences Bill. It is a
potential indicator that legal reform in Uganda may be best served by challenging laws
that are gender-biased using the Constitution of Uganda, and in this case, utilizing
knowledge from abroad in drafting arguments which comprise novel constitutional
challenges.
There has been no small amount of attentionn paid to the stall in gender legislation in
Uganda from abroad. This has not just been pressure on the part of NGOs, but also on the
part of the Club of Madrid, an arm of the European Union development branch. The Club
of Madrid had completed a three-phase mission in Uganda in 2008, whereby there had
initially been gender-friendly legislation such as the DVB, DRB and Sexual Offences
Bill. This was then followed up with high-level meetings involving Ugandan female
parliamentarians, the Ugandan Law Reform Commission and the first lady of Uganda,
Georgetown Law. Why Some of the Most Exciting Human Rights Advances are Coming… Out of Africa.
226
Fall/Winter 2007.
73
who committed themselves towards trying to advance these agendas in Parliament 227.
This has been further pressed by international leaders including the former prime
ministers of Ireland and Norway, who brought a meeting to Kampala in 2008 and
inspired President Museveni to make statements decrying domestic violence in the
country and imploring all stakeholders to ensure for speedy passage of the DVB 228. This
statements are very curious, particularly in light of the fact that President Museveni has
had over twenty years to enact any gender-friendly legislation but has continually delayed
hearing of these bills, citing their lack of urgency.
Problems abound in actual implementation of cohesive strategies in Uganda. One major

problem is that at any governmental level there is either an excess of work (and thus no
progress is recorded, for example the police) or that there is divided opinion on how to
proceed, thus paralyzing further processes (for example policy bodies or Parliament). It
also is not helpful that media houses and parliamentarians tend to downplay the
importance of domestic violence, as it is either not news that will attract business, nor do
parliamentarians want to discuss controversial issues that may cost them their seats in a
future election. This has resulted in courts choosing not to prosecute domestic violence
offenses229.
Relative to many African countries, Uganda has a very strong set of women’s rights
organizations, which has been important for bringing about the small changes which have
occurred. However, without greater support from government, there is a limit to how
much civil society can contribute in the fight against domestic violence.
Domestic Violence Local By-Law
Even though there has been no passed national legislation that attempts to target domestic
violence, there has been action at the local level in at least one case. This is quite unique
because in most of the countries studied, domestic violence legislation began as a
campaign at the national level with the subsequent problems being encountered in
attempts to enforce the law at local and regional levels.
The Kawempe district in Kampala, in conjunction with CEDOVIP, has actually gone
ahead to create a local by-law to try and combat domestic violence, and legislated it in
2007. Using the authority of the Local Councils, the Kawempe by-law attempts to
penalize those committing domestic violence, though there is no ability on the part of a
local council to enforce arrests. Instead, there is the mandate that upon conviction of a
charge of domestic violence, an accused is required to compensate the victim and
potentially pay a fine to the Local Council dependent on whether they tried to resist arrest
(s.6). Whilst domestic violence is only restricted to the physical (and in itself raises
interesting questions about marital rape or defilement by parents) and a domestic
227
Club of Madrid Concludes its Project in Uganda. AWEPA. January 13, 2009.
228
Mary Robinson and Kjell M. Bondevik Support Efforts to Pass Gender Related Legislation in Uganda.
African Women Leaders Project Newsletter. May-June 2008.
229
Amnesty International. Uganda: Justice System Fails Victims of Sexual Violence. November 30, 2007.
74
relationship is restricted to “family unit” (which is also lacking in complete definition),
this is at least a first step towards trying to combat domestic violence.
CEDOVIP’s chief area of work through its advocacy has been the Kawempe Division,
and it is quite interesting that Local Council members actually met to discuss the
problem, specifically that they knew many instances of domestic violence but did not
have a measure to prevent it230. Because of CEDOVIP’s continued advocacy in the area, a
significant drop in the rate of domestic violence had been observed, including among
local government.
The steps involved in the actual creation of the by-law involved a local campaign by
Council leaders to solicit ideas on what should be legislated to promote family unity. The
campaign comprised a draft which was created by Council leaders and then taken to the
public for ideas and comments surrounding the legislation, much akin to consultation by
formal government. Feedback was then used to edit the by-law slightly and it was then
submitted to a Local Council Gender Committee (equal representation by both genders)
which then recognized it as a “good law” and endorsed the campaign.
There was opposition to the by-law: for example, not all Local Councils endorsed the
draft and so there was further discussion in 2006 surrounding the by-law. As the local
politics were originally highly divisive, the passage of the by-law was a major challenge
because of attempts by councilors on all sides to use the by-law for their political
advantage. CEDOVIP recognized the impasse and thus organized new strategies to try
and convince the public, particularly religious leaders. In the end, CEDOVIP held four
meetings with Division leadership and took great pains to have as many viewpoints
present in order to include their input on what the by-law needed in order to be passed.
After inputting recommendations from these four meetings, CEDOVIP then lobbied
Council members and found that support for the by-law had significantly risen because
the legislation had become recognized as non-partisan. Finally, on October 5 th, 2007,
Kawempe Division enacted the by-law.
An examination of the work CEDOVIP and the stakeholders in Kawempe Division

reveals that even in the absence of organized government, there can be successful
movements to enact domestic violence legislation at a local level. In this case, it involved
a long-term strategy of sensitizing the community to domestic violence, which was then
followed by advocacy and consultation of the public in order to create legislation that
could be easily accepted. Although this by-law may not have the force of criminal law or
a strong national mandate behind it, it is indicative of the potential strength of Uganda’s
women’s movement and the possibility of change occurring from a local level. Of
concern, however, is the fact that people might use this by-law as the template for a
further Ugandan DVA. As this by-law fails to specifically recognize at least marital rape
as grounds for domestic violence, there are many issues in potentially extending this to
the whole country if it does not take into account the polycentric issues that surround
women’s dependence on men in Uganda. These include wartime conditions, economic
pressures and traditional practices, all of which are often combined to promulgate a silent
acceptance of domestic violence across the country.
230
CEDOVIP. Kawempe Division Passes First-Ever Domestic Violence By-Law in Uganda.
75
CONCLUSION
The six DVAs examined and the respective histories of each country illustrate that there
are independent paths which can be taken to legislation, but one common element is that
there must be a stable government which has the political will to pursue this issue. This is
further underscored when examining Uganda, a country with a strong women’s rights
movement, a history of women’s rights advocacy, but with no conclusive national
legislation on the issue.
Challenges encountered in writing this report included the lack of accessible formal
documentation on legislation across Africa. However, this was not the only challenge
encountered. Trying to obtain a clear picture of legislative history and social background
was difficult to obtain because the vast majority of documented achievements and
setbacks were reported only by NGOs. Whilst this is not technically an issue, it makes it
difficult to analyze the actual social response to legislation because there is likely to be at
least slight bias in recording and reporting of results through an interested stakeholder.
Even though legislation is foremost a domestic issue, there seems to be an effect on

government action if there is greater pressure not just from within, but from outside as
well. International conventions like CEDAW and ICCHR are in theory, documents which
should be able to carry the day and convince member nations to enact legislation, but in
the case of many nations (and not just those in Africa), signing on to these treaties is just
left at the signature and perhaps ratification stage, without any real political will to enact
policies which reflect this “embrace” of international standards in human rights.
Having an effective network of intra-African communication on this front could serve

many purposes – firstly, it could make transmission of information much easier, thus
giving each member a better idea of potential best practices and further legislation to
lobby for in their own countries.
Secondly, an effective network could also help to contribute to a concerted response by
all organizations at once towards one cause or another. Using the idea of strength in
numbers, it would only make sense that further policy reform is possible with a unified
response across all fronts, be it with individual states, the African Union, or larger review
mechanisms such as the Universal Periodic Review.
For all its short comings there can be no denying that the DV legislations of the various
countries have given an avenue of effective justice to many victims. Even where it has
not caused the total end of violence for the victims who have made applications, it is in
itself has been significantly empowering.231
The legislative framework whatever their limitation represents a tremendous advance in

giving victims especially women the right and the legitimate expectation to protection by
the criminal justice system.
231
An evaluative study of the implementation of DV legislation: Antigua and Barbuda, St. Kitts/Nevis,
Saint Lucia and Saint Vincent and the Grenadines.
http://www.eclac.org/publicaciones/xml/0/9910/carg0659.pdf -
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Comparison of Domestic Violence Laws in Seven

Comparison of Domestic Violence Acts.........................................................................................6

TABLE 1: DIRECT SIDE-BY-SIDE COMPARISON OF DVA COMPONENTS IN SELECT

Country Profile: Zimbabwe..........................................................................................................26

CEDAW COMMITTEE FOR THE ELIMINATION OF ALL FORMS OF

CCI CANADIAN CROSSROAD INTERNATIONAL

DV Act DOMESTIC VIOLENCE ACT 2007 (ACT 732)

DOVVSU DOMESTIC VIOLENCE VICTIM SUPPORT UNIT

DRB DOMESTIC RELATIONS BILL

FAWE THE FORUM FOR AFRICAN WOMEN EDUCATIONISTS

FFP FEMALE FOTO JOURNALIST

FGM FEMALE GENITAL MUTILATION

LLV LEGAL LITERACY VOLUNTEERS

MOWAC MINISTRY OF WOMENAND CHILDREN’S AFFAIRS

NGO NON GOVERNMENTAL ORGANISATION

WILDAF WOMEN IN LAW AND DEVELOPMENT IN AFRICA

To METRAC-Canada in particular Zahra Dahnani, WiLDAF is appreciative of your

 Methods used by activists, CSOs, NGOs, parliamentarians, etc in increasing

THE DOCUMENT SHOULD INCLUDE A SECTION OF CASE LAWS ON THE

 Marital or romantic relations

Where they differ is in the determination of a domestic relationship. Namibia has

 Marriage, or living together in the style of marriage

‘A domestic relationship means a family relationship, a relationship akin to a

(a) is or has been married to the respondent;

 The amount of time the persons spend together

 Endanger the safety or health of another

 Harms or may harm another person

Prosecution of Domestic Violence

In Ghana, police assistance include outlining services available, providing medical

In Zimbabwe, the provision of accommodation is attempted by offering assistance similar

 The need to ensure the victim is protected from domestic violence

Violation of a protection order (or in Mauritius’ case, protection, occupation or tenancy

In Mauritius, breach of an order used to be treated in accordance with strict criminal

Zimbabwe has a highly extensive set of additional recommendations on strategies to

There is also the parallel formation of a Domestic Violence Management Board in

 A chairperson who is the Minister of Women and Children’s Affairs

The functions of the Domestic Violence Management Board are as follows107:

 To make recommendations for a national plan of action against domestic violence

In Namibia, there is something relatively parallel to the Ghanaian Management Board or

There is no express formation of any educational body in Mauritius, South Africa or

TREND OF CASES REPORTED ON SELECTED OFFENCES

Domestic Violence Act and related Legislations. pg8

As part of the court monitoring project, WiLDAF, Ghana undertook a monitoring

CASES ON DOMESTIC VIOLENCE

History Leading to Legislation

CONTINUE FROM HERE

Novel Approaches to DV Education

Involvement of traditional authorities is important because the changing of social

UN NewsCentre. In Fight against Domestic Violence in Zimbabwe, UN Enlists Traditional Chiefs.

August 24, 2007.

 Herbert Mandeya – Ministry of Justice, Legal and Parliamentary Affairs

History Leading to Legislation In terms of gender-parity legislation with a potential

Namibia’s campaign towards introducing a Domestic Violence Bill began in October

Novel Approaches to DV Education:

 Introduction of global approaches towards domestic violence, including

23-25 February 2000; Foreword (p. 2)

A Gender-Based Violence Advisory Board was established by a Cabinet mandate in

Project (Legal Assistance Centre); 2006.