The latest edition was published in January and focused on issues of legislation and domestic violence. I wrote an article on The Domestic Violence Act which I figured I could post here. If you want to read more articles storier the paper they are published on our website.
WHY IS THE DOMESTIC VIOLENCE ACT ONLY A SCARE CROW?
Nine months after its enactment, the Act has not brought a single offender to book.
After languishing in parliament for almost a decade, it was a hard-won victory for gender rights in Uganda when the House finally passed the domestic violence bill in November 2009. In March last year President Museveni assented to the Act and it was official; Uganda finally had a legislation that specifically handles domestic violence. The law cast a ray of hope for thousands of women and children. While earlier, rape within marriage was not even considered a crime, and most domestic violence offenders went unpunished, the new law would make sure that offenders would be prosecuted and convicted in courts of law. According to the Gender, Labour and Social Development Minister, Gabriel Opio, the Act would ensure fairness when dealing with domestic relations between a man and a woman and other people in the domestic setting, including housemaids and children.
The law is not being enforced
But ten months after its enactment, the Act is still miles away from making a real difference for the victims of domestic violence. Often times women are let down by the notorious justice system in Uganda and many still live in agony. Faridah Nazziwa 27, a resident of Nabweru says that her husband, a one Ronald Katege with whom she has two children beat her up and broke her back as she tried to solicit support for her children from their father who neglected them. She took the case to the police and the man was arrested, but he didn’t even spend a night in the cell as his relatives bribed the police and had him released. Nazziwa says the law on domestic violence sounds a good tool but not to her because nothing seems to be on ground. She thinks that if the law is already in operation, why has she not seen justice from the case she filed months ago?
According to Harriet Nabankema, a legal officer with Federation of Women Lawyers in Uganda (FIDA), the law on domestic violence has not once been enforced since it came into place. Why? Because victims of domestic violence still face numerous economic and social obstacles while pursuing justice. In other words, the law is there but the victims can’t access it.
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| A mother and Police spokesperson Judith Nabakooba look at the healing bruises of Nakku Shakira who was burnt by her husband. |
A report released by Amnesty international last April shows that Ugandan authorities are not giving victims of domestic violence adequate support when seeking justice. Most women face inadequate response from the police, often having to pay for the cost of transportation to arrest the accused and other expenses related to
the investigation like paying for photocopies or money for their mobile phone airtime.
The report titled “I Can’t Afford Justice – Violence against women in Uganda” also shows that in cases where domestic violence involves sexual abuse the victims are supposed to report the matter rapidly so that a medical examination can be conducted within 48 hours after the crime. But as Nabankema also points out, poorer women are unable to afford this medical examination which can cost up to Ug Shs 30,000. Many victims of domestic violence are economically dependent on their abuser, and might even refrain from reporting the abuse at all, since the man is the main bread winner and him going to jail will imply that she and the children will suffer while he is gone. Another challenge is finding witnesses to testify in cases of domestic violence. Some people may want to witness, but fail to pay for transportation to court. Others still hold the attitude that domestic violence is a “private matter” and something the neighbours should not interfere with.
Discriminatory attitudes in the police
Discriminatory attitudes and behaviour within the police also impede the full implementation of the law. According to Nabankema, many victims of domestic violence feel that they are being treated dismissively by the police. Attitudes, such as believing that a woman is to blame if she is subjected to violence and believing that a husband beating his wife once in a while is acceptable, are widespread within the police. Besides, many police officers find it more important to protect the family unit than to protect the safety and the rights of the woman. This is supported by the findings in Amnesty’s report which shows that the Ugandan police often encourage the victims to reconcile with their partners for the sake of preserving the family unit.
Attitudes must change
Training the police and changing their attitudes on domestic violence is therefore important if the law against domestic violence is to protect sufferers and punish perpetrators. But even more important is changing the attitudes among ordinary people and especially among the victims of domestic violence themselves. A report from United Nations Children’s Fund (UNICEF) in 2008 indicated that 77 percent of women between the age of 15 and 49 felt that spousal violence was justified for a variety of reasons such as burning food or refusing sexual relations. Raising awareness on domestic violence and changing the attitudes and behaviours of men and women in the communities is therefore crucial if people are to make use of the law. "Victims of domestic violence must understand that they are actually victims of a criminal offence, and that domestic abuse is not a private matter that can be justified because you argued with your partner or refused to have sex", Nabankema says. She believes that the victims have to stop thinking that reporting domestic abuse is "washing your dirty linen in public", and start believing that reporting a criminal offence such as domestic abuse is actually a right and even a duty as a law abiding citizen.
All in all, the law against domestic violence is a victory for gender equality in Uganda as it is a necessary condition for justice. But for the law to be effective, we have to change the cultural attitudes and beliefs in our country. All organizations, institutions and per- sons who can, should therefore seek knowledge about the new law and work assiduously to take the law out to communities and inform people about the rights that it provides.
Because as Nabankema says: The day a victim walks into a police station and speaks authoritatively about being domestically abused. The day she actually believes that she can take the offender to court and have him punished, and the day she knows that she can make it without him. That is the day when the law against domestic violence can achieve its objectives. We at UMWA are doing our part, are you?
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