Eileen Hanciles
17 July 2008
(Page 3 of 3)
LEGAL TECHNICALITIES: A number of issues are general to the enforcement of all three Acts. Legal technicalities must be put be place. Also, the clarification of the status of the registration of customary marriage and divorce Act which experienced some difficulties in the drafting process should be made. The Gender unit of the Ministry of Social Welfare Gender and Children's Affairs should be the central coordinating body and in order for it to effectively do this capacity building of the section, social workers and probation officers should be done. The FSU and Sierra Leone police should also be strengthened. Under common law, domestic violence has been illegal for many years and yet very few prosecutions were ever brought. Domestic violence persists and acceptance is prevalent. In order for this to change, potential perpetrators need to see that it is no longer acceptable and that they will be punished if they inflict such harm.
ENSURE COURTS ARE FULLY PREPARED TO HANDLE CASES: Provisions should also be made to ensure that courts are fully prepared to hear cases. Cases under the Acts are heard by various different courts. For example, cases under the domestic violence act go before the magistrate court or the high court or in accordance with the local courts Act can go before the local courts. It is vital that all these bodies are fully equipped to handle all matters before them relating to the three acts consistently and with due expedition. Family cases are particularly sensitive, usually involving strong emotions, and often involving power relations, and need to be handled with care and rapidity. Training of court management staff as required by the Domestic Violence Act (s.23 (b)), is necessary to achieving this.
ENSURE EXPEDITION OF CASES: The MSWGCA should look into the possibilities with regards to special courts being set aside for cases under the gender acts. Cases under the domestic violence Act will also need to be handled with particular expedition and possibly fast-track, as lives may be in danger and the welfare of children will in many cases be seriously disrupted. Under this act, application for protection orders must be held in closed session.
LEGAL SERVICES FOR COMPLAINANTS: As well as the possibility of establishing a special unit within courts to assist on cases, the MSWGCA will work with bodies currently providing some legal aid or paralegal services to ensure that such services incorporate complainants under the gender Acts and that accessibility to such services is as comprehensible as possible and are of a high standard and integrated with other services for survivors.
FREE MEDICAL TREATMENT AND CERTIFICATE: S-7 of the Domestic violence act states a victim assisted by the police is entitled to a free medical treatment. In the context of a severe lack of basic medical care national wide, this will be a considerable challenge. Some of the greatest challenges include distance for sufferers from medical facilities and shortage of medical personnel. S.7 of the Domestic violence Act also entitles victims of domestic violence who are provided by the Police with a medical form to be supplied with a medical report free of charge within 14 days. There being a severe problem of lack of doctors in Sierra Leone, it is already difficult for victims of sexual violence to obtain reports in a timely manner and there is usually a considerable cost attached.
SAFE HOMES: One of the main challenges in cases involving violence within the home is the absence in Sierra Leone of any kind of safe home to which victims can flee and remain safe in terms of emergency. Those who are most vulnerable often have no -one to turn to and are force to return to the home of the perpetrators. Two safe homes are currently being built. There is a need for more safe homes to be constructed. Also additional protection options need to be discussed with chiefs, traditional and religious leaders and women's groups to develop a system of protection at the village level.
OTHER INITIATIVES: National Gender Based violence committee action- the national Gender Based violence committee is a multi - stakeholders' body comprising of key players in gender -based violence (GBV) prevention and response in Sierra Leone. In order to ensure that the complex needs of GBV survivors are adequately addressed and in a coordinated manner and to develop new sustainable ways of introducing and integrating GBV services and activities into public health care system and other national structures. Membership comprises of representatives of the Ministry of Justice, Sierra Leone Police, Justice Sector Development Reform Programme, FAWE to name a few. The group is currently working on a national action plan as a framework for the implementation of all GBV activities in the country for final endorsement by the President of the Republic.
ROLLING OUT OF THE GENDER ACTS: Awareness raising campaign of the Gender Acts in the Bombali district was carried out by with funds provided by the Canadian Fund for Local Initiatives. The active participation of men (as they are mostly the community leaders) and boys was engaged. The programme was officially launched by the first lady of the republic in December. Speaker after speaker spoke of the need for the public to be made aware of the new laws and to ensure they are implemented.
CONCLUSION
Awareness raising, community mobilization and education and training are needed to ensure that all key actors- government officials, educators, employees, media, parents, families and communities work to eliminate attitudes and practices which negatively affect women and girls. The active engagement of men and boys in this work is critical.
No single intervention will end sexual and gender based violence against women. This requires a holistic approach, with interlinked strategies including
1. Revised legal and policy framework
2. Strengthening institutional accountability
3. Changing public awareness through advocacy campaigns
4. Working with community leaders and partnering with men and youth
5. Strengthening social support services and supporting research and data to empower women advocates.
The challenges to be tackled in the implementation of the acts are the provision of material and technical support to the Ministry of gender. There is also a need for a harmonized strategy to carry the act forward.
* Eileen Hanciles, Executive Director of FAWE.
*Please send comments to editor@pambazuka.org or comment online at http://www.pambazuka.org/
Sources for this article include:
1. Sierra Leone- Truth and Reconciliation Report
2. UNIFEM
3. UNFPA
4. IRC - Rainbo Centre, Sierra Leone, 2007/2008
5. Reports from National Committee on Gender Based Violence in Sierra Leone -2008
6. FAWE News- Stop The Abuse, 2004
7. The ZONTIAN - The Elimination of Violence against Women and Girls -July 2007
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