GHANA'S SECOND SCORECARD ON THE MAPUTO PROTOCOL

Gender Centre for Empowering Development Email : info@genced.org or GenCED.gh@gmail.com Twitter : @GenCEDgh Facebook: GenCEDgh website : www.genced.org

Telephone: +233557022608

Gender Centre for Empowering Development (GenCED) is a Non-governmental Organisation that seeks to empower women and youth for sustainable development in our communities. Established in May 2011 as an independent, not-for-profit, research and advocacy organisation, GenCED is currently focusing on the following key areas of development as enclosed in the 12 Critical Areas of Worry in the Beijing Platform for Action: Governance, Social interference Issues and Entrepreneurship.

Forum for African Women Educationalists (FAWE) Regional Secretariat FAWE House, Chania Avenue, Off Wood Avenue Kilimani, PO Box 21394-00505, Ngong Road, Nairobi, Kenya.

Tel.: +254 714 60 6629 / +254 20 3874150 E-mail: fawe@fawe.org Twitter: @RsFawe

Website: www.fawe.org

The Forum for African Women Educationalists (FAWE) is a leading pan-African Non- Government Organization working to promote girls’ and women’s through gender responsive education in Africa. Founded in 1992 by five African women ministers of education, our membership is drawn from female ministers of education, university vice chancellors, education policymakers, researchers, gender specialists and human rights activists. FAWE’s target target beneficiaries and constituency are primarily girls and women. FAWE’s scope of work includes: Advocacy and policy engagement, Replication, mainstreaming and scaling up of models and policies, Demonstrative interventions such as Tuseme Youth Empowerment Model, Comprehensive Education Scholarship packages, Technical and Vocational Education and Training (TVET) model, Gender Responsive Pedagogy model, Gender Responsive Schools/Centers of Excellence and Science Technology Engineering and Mathematics (STEM) model.

GIRLS ADVOCACY ALLIANCE GLOBAL PARTNERS

Girls Advocacy Alliance (GAA) works for the protection of girls and young women against violence and for their economic empowerment. GAA The Girls Advocacy Alliance is committed to equal rights and opportunities for girls and young women and focuses on: ending gender-based violence in the forms of the commercial sexual exploitation of children, sexual violence and abuse, female genital mutilation, child trafficking and child marriage; eliminating economic exclusion by promoting access to post-primary education, technical vocational education and training, decent work, and female entrepreneurship.

ACKNOWLEDGEMENT This publication was made possible through the financial and technical support of the Forum for African Women Educationalists (FAWE) and Plan International Africa Liaison Office (Plan AULO).

The Gender Centre for Empowering Development (GenCED) also wishes to thank our partners in government whose collaboration and inputs helped in the production of this scorecard. They include the Ministry of Gender, Children & Social Protection (MOGCSP), the Gender Department of the Ministry of Gender, Children & Social Protection, the Domestic Violence Secretariat, Attorney General’s Department and the Commission of Human Rights and Administrative Justice (CHRAJ).

GenCED also wishes to thank the Artisans Association of Ghana, Stand for Women, Centre for Gender Justice and various individuals who contributed in the validation of this scorecard.

Special thanks to Mr. Barima Akwasi Amankwah, National Coordinator for the Ghana NGO Coalition for Rights of the Child, for perusing the scorecard, providing a foreword and supporting the project in diverse ways.

Lastly, special appreciation goes to the entire GenCED team for their tireless efforts, time and dedication which enabled the successful production of this scorecard.

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SUBJECT OF THE SCORECARD Ghana is for the second time producing a scorecard on the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa. This scorecard will however provide responses to the specific articles of 5, 6 and 12. a. Article 5: Elimination of harmful practices b. Article 6: Marriage c. Article 12: Education

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ACRONYMS COA

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Criminal Offences Act

COTVET

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Council for Technical and Vocational Education and Training

CHRAJ

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Commission for Human Rights & Administrative Justice

DOVVSU

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Domestic Violence and Victim Support Unit

DV

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Domestic Violence

DSW

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Department of Social Welfare

FGM

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Female Genital Mutilation

GBV

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Gender Based Violence

GenCED

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Gender Centre for Empowering Development

MOGCSP

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Ministry of Gender, Children and Social Protection

MOWAC

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Ministry for Women and Children

NVTI

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National Vocational Training Institute

STEM

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Science Technology Engineering & Mathematics

UNFPA

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United Nations Population Fund

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FOREWORD

T

he fight for gender equality and the advancement of women has been an area of focus for all Governments since Ghana gained independence in 1957. Since that time Ghana has shown its commitment to Women’s advancement by ratifying various protocols and conventions such as the Convention on the Elimination of All Forms of Discrimination (CEDAW), the Beijing Platform for Action of 1995 and the seminal Maputo protocol which is the most unique protocol in the world solely dedicated to Women’s rights in Africa. Ghana ratified the protocol in 2003.

The Ministry of Gender, Children & Social Protection has since the ratification of the protocol made several advancements such as the passage of the Domestic Violence Act in 2007(Act 732), the formulation and implementation of the National Gender Policy of 2015, and ongoing work on the Affirmative Action bill which will vastly improve the lives of Ghanaian women.

Gender equality is a human right. For gender relations to be transformed, the structures that underpin them have to change. Women and girls and transgender people should be able to lead lives that are free from violence, they should have opportunities to expand their capabilities and have access to a wide range of resources on the same basis as men and boys. Quality services, information, education and social conditions that allow women to maintain good sexual and reproductive health and realize their sexual and reproductive rights are needed to advance gender equality and enable the empowerment of women and girls. Evidence shows that when men and boys are engaged as clients, equal partners and agents of change for gender equality within sexual and reproductive health programmes, transformative change occurs.

Whilst progress has been made, gender inequality, harmful gender norms and stigma are still extensive.

Inequality is pervasive and women, girls and transgender people remain disproportionately discriminated against across social, economic and public life. This is a barrier to sustainable development as was highlighted by the inclusion of a stand-alone Sustainable Development Goal that aims to achieve gender equality and empower all women and girls.

The CSOs and Government lauds the effort of the Gender Centre for Development and its partners, the Forum for African Women Educationalists and Plan Africa Union Liaison Office this document which made its first debut in 2019.

This year’s scorecard continues to highlight efforts made by the Government of Ghana and its allied Ministries in the empowerment of women in the areas of harmful practices, marriage and education. As this scorecard shows, the Ministry of Gender, Children & Social Protection in partnership with CSOs and Development Partner is strongly committed to disrupting gender stereotypes against women and girls in Ghana and committed to delivering well targeted programs and policies with the help of our partners to accelerate change.

We all want our children to grow up in a society where there is gender equality and equity; where women and girls, are empowered to exercise their rights to make free and informed choices about their rights and their wellbeing. Let us now work together and put in the hard work to make this a reality.

Barima Akwasi Amankwaah National Coordinator, Ghana NGO Coalition on the Rights of the Child (GNCRC)

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Table of Content 1.

2.

3.

4.

5.

Acknowledgment Subject of the Scorecard Acronyms Forward A Score Card for the Evaluation of Maputo Protocol: Elimination of Harmful Practices, Marriage and Education 5. Background 6. Article 5: Elimination of Harmful Practices 7. Article 6: Marriage

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3 4 5 6

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9 10 13 23

8. Article 12: Education

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BACKGROUND

A

lthough women form more than half of the world's population, to a very large extent, they are marginalized and denied many of the rights to which they are entitled. Born out of patriarchy; justified by tradition and culture and perpetuated through silence and inaction, women have been denied their rights as human beings in many countries of the world. In recognition of the socioeconomic cost of the marginalization of women, African leaders put in place a number of legal provisions to promote and protect the rights of women in Africa. One such instrument is the African Charter on Human and Peoples' Rights on the Rights of Women in Africa, popularly known as the Maputo Protocol, which was promulgated in 2003. In February 2007, Ghana ratified this Maputo Protocol. The Articles 5, 6 and 12 of the Protocol demand state parties work to eliminate Gender Based Violence (GBV) and i. ii. promote economic empowerment of women. iii.

Ghana has worked to domesticate some aspects iv. of the protocol and implemented actions on v. them. In 2017, the African Union appointed His vi.

Excellency Mr. Nana Akuffo-Addo the vii.

President of Ghana as the African Union Gender viii.

Equality Champion. ix.

State parties have responsibilities to give x. periodic report on key actions and efforts towards achieving the targets sets under the Protocol. In view of this, GenCED, is collaborating with the Ministry of Gender, Children and Social Protection and other Government stakeholders and civil society organizations, to produce a status report on the implementation of the protocol which the ministry will present at the next session of the African Union.

The Constitution of Ghana dedicates a whole Chapter that is “Chapter 5” to Human Rights and Fundamental Freedoms of the People of Ghana and subsequently prohibits discriminations on grounds of race, place of origin, political opinion, colour, religion, creed or gender.

The State Party is working on amendments to the Intestate Succession Law, 1985 (PNDCL 111) to correct some flaws in the original law. A draft of the Property Rights of Spouses Bill is available to enhance property or estate distribution upon dissolution of marriage or death of a spouses. The Ministry of Gender, Children and Social Protection is currently preparing to lay the Affirmative Action Bill before Parliament.

The State Party has in place the following laws which are furthering the provisions of the Maputo Protocol in Ghana Matrimonial Causes Act, 1971 (Act 367) Human Trafficking Act, 2005 (Act 694) Disability Act, 2006 (Act 715) Whistle Blowers Act, 2006 (Act 720) The Domestic Violence Act, 2007 (Act 732) The Labour Act, 2003 (Act 651) Female Genital Mutilation (FGM) Amendment Act, (Act 484) Children’s Act, 1998 (Act 560) Criminal Offences Act, 1960 (Act 30) Chieftaincy Act, 2008 (Act 759) National Machinery for the Advancement of Women To further strengthen the realization of women’s rights and to better coordinate the provision of services to women, among others, the Ministry of Women and Children (MOWAC) that was established in 2001 was restructured in 2013 and re-designated as the Ministry of Gender, Children and Social Protection (MoGCSP). The new Ministry merges MOWAC, the Department of Social Welfare (DSW), the National Council of Persons with Disability (NCPD) and the

Constitutional, Legislative and Institutional Framework 10

the Ministry of Gender, Children & Social Protection, with its allied agencies, the Commission on Human Rights and Administrative Justice and the Attorneys General Department enabled the successful development and production of the first scorecard.

Social Protection Division of the Ministry of Employment and Labour Relations.

Objectives of the report The main objective of this scorecard is to analyse Articles 5,6 & 12 of the Maputo Protocol, show country assessment scores & outcomes, the gaps and the provide recommendations on areas that need strengthening.

This second scorecard looks at articles 5,6 & 12 of the protocol which look at elimination of harmful practices, marriage and education respectively.

Rationale Monitoring and making Governments accountable are the key duties of all Civil Society Organizations around the world (CSOs).

The African continent led by the African Union and its affiliated human rights institutions brought forth the Maputo Protocol in 2003. The Maputo Protocol which is the optional protocol to the African Charter on Human & Peoples Rights is the most unique human rights charter in the world as it is dedicated solely to the rights and welfare of African women. Since 2003, several Governments have failed to be accountable to this charter and GenCED in collaboration with the Girls Advocacy Alliance seeks to highlight the importance of this protocol and push Governments to domesticate it and report on it. In 2019, GenCED with the support of the Girls Advocacy Alliance launched the first ever Maputo Protocol Scorecard on articles 4 (right to dignity and life) &13 (economic rights) of the protocol, which addressed progress made and highlighted gaps by the Ghanaian Government in ensuring that women’s human rights needs were met as well as the overall domestication of the protocol which was largely unaware to many citizens during the preparation process.

Methodology Used in producing the Report A participatory approach was used to reach conclusions in producing the scorecard. Key stakeholders and agencies were contacted to seek their opinions and gather evidence towards the production of the scorecard. Among the key state institutions are the Ministry of Gender, Children and Social Protection, the Domestic Violence Secretariat, the Department of Gender, the Attorney-General’s Department and Commission on Human Rights and Administrative Justice (CHRAJ) About GenCED Gender Centre for Empowering Development (GenCED) is a Non-Governmental Organisation that seeks to empower women and youth for sustainable development in our communities.

Established in May 2011 as an independent, not for profit, research and advocacy organisation.

GenCED is currently focusing on the following key areas of development as enclosed in the 12 Critical Areas of Worry in the Beijing Platform for Action: Governance, Peace and Security, Social Interference and Entrepreneurship.

About the Girls Advocacy Alliance Program The Gender Centre for Empowering Development (GenCED) in collaboration with Forum for African Women Educationalist (FAWE) under the Girls Advocacy Alliance (GAA) program is working towards

The first scorecard generated a lot of positive feedback with stakeholders urging CSOs to continue to ensure that Governments fulfil their human rights obligations towards women. The collaboration with key State institutions such as 11

encouraging Girls and Young women in Africa, and their civil-society organisations to use regional monitoring accountability mechanism to hold their Governments accountable to the fulfilment of their protection and rights. The GAA Africa region focus areas are: Child marriage, Commercial Sexual exploitation of Children, Female Genital Mutilation, Sexual Violence & Abuse and Economic exclusion.

mechanism to hold their Governments accountable to the fulfilment of their protection and rights. Civil Society Organizations (CSOs) have a key role in supporting the young women and girls by holding their governments accountable with regard to promoting their rights and social economic development. To effectively play this role, CSOs will require capacity building support in order to effectively and meaningfully engage the relevant actors in policy dialogues that would promote the prevention of Gender Based Violence (GBV) and promotion of Economic Empowerment (EE) of young women and girls at the national, sub and regional level.

Under the GAA project, GenCED seeks to influence positive change at the national, sub and regional level in policy-making and monitoring processes on GBV and EE. As part of our core mandate, the organization plans to use regional monitoring accountability

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The Article Number 5.1.(a)

The Article Content Creation of public awareness in all sectors of society regarding harmful practices through information, formal and informal education and outreach programmes;

Assessment Questions

Situation / Reality Report

Score

(i)What are the existing harmful practices affecting the lives of women and girls in the country?

Existing harmful practices affecting the lives of women include child marriage, barbaric widowhood rites which require women to drink fluid from the corpses of dead spouses Trokosi (slave of the shrine) and FGM

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(ii) Is there broad awareness by the public of harmful practices - through formal and informal education and outreach programmes?

In the Ghanaian formal education system, the topics of child marriage, Trokosi and others are taught in schools. NGOs based in communities affected by these practices also carry out outreach programs educating people including traditional authorities and religious leaders.

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(iii) Are there public awareness programmes and campaigns aimed at educating the public on harmful practices?

Yes, Ghana launched the campaign on ending child marriage in 2016.

MOGCSP, has since that time embarked on public sensitisation. MOGCSP also works in collaboration with CSOs to bring awareness and eliminate other harmful practices such as trokosi and FGM.

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(iv) Are there targeted sensitisation campaigns in areas with high incidence/ prevalence of harmful practices?

Yes, MOGCSP as well as NGOs have targeted sensitisation programs and campaigns in areas with high rates of harmful practices.

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The Article Number

The Article Content

Assessment Questions

5.1.(a) cont’d.

5.1(b)

Situation / Reality Report

Score

Examples include the campaign to close witch camps in the Northern region. Bunyasi witch camp in the Northern region was closed in 2014.

Prohibition, through legislative measures backed by sanctions, of all forms of female genital mutilation, scarification, medicalisation and para-medicalisation of female genital mutilation and all other practices in order to eradicate them;

(i) Are there adequate enforcement mechanisms (laws and obligations) prohibiting FGM, scarification, medicalisation and Para medicalisation of women and girls?

Yes, The main law relating to FGM in Ghana is the Criminal and Other Offences Act 1960 (Act 29), Section 69A (Female Gender Mutilation) (Criminal Offences Act1960).In 1994 the Criminal Code (Amendment) Act inserted Article 69A to the COA 1960 to prohibit ‘female circumcision’. In 2007 this was further amended to ‘female genital mutilation’ and penalties were increased.

However, national laws does not directly criminalize FGM carried out by health professionals in a medical setting.

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Are the existing enforcement mechanisms punitive enough to act as an effective deterrence?

Yes, Section 69A(1) of the Criminal Code states that –anyone performing FGM commits an offence and is liable upon conviction to between five and ten years’ imprisonment; and Section 69A(2) states that –anyone who participates or assists in FGM also commits an offence and is liable upon conviction to between five and ten years’ imprisonment.

1

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The Article Number

The Article Content

Assessment Questions

5.1 (b) cont’d.

5.1 (c)

Situation / Reality Report

Score

The failure to report any felony (which includes FGM) is considered a misdemeanour, and under Ghanaian law misdemeanours generally attract a punishment of imprisonment for not more than three years.

Second-degree felonies generally attract a prison term of up to ten years and first-degree felonies a prison term of ten years to life imprisonment.

Provision of necessary support to victims of harmful practices through basic services such as health services, legal and judicial support, emotional and psychological counselling as well as vocational training to make them selfsupporting;

i)Are there designated medical staff trained to deal with victims of harmful practices

No, there are no designated medical staff to deal with victims of harmful practices.

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(ii) Are there specialised desks in health facilities set aside to respond to the physical, psychological and emotional needs of victims of harmful practices?

No. There are no specialised desks in health facilities set aside to respond to the needs of victims of harmful practices.

0

iii) Are there effective national and devolved response systems, both legal and judicial, distributed across the country to address cases of harmful practices?

Yes, the Judicial service has 5 GBV courts. Two in Accra, one in the Eastern region, Western region and Ashanti.

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The Article Number

The Article Content

5.1 (c) cont’d.

5.2 (d)

Protection of women who are at risk of being subjected to harmful practices or all other forms of violence, abuse and intolerance

Assessment Questions

Situation / Reality Report

Score

iv) Do victims and survivors of harmful practices receive vocational training on personal growth?

NGOs and Government carry out vocational trainings on personal growth for victims of harmful practices

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i) Are there special fairly distributed, affordable and accessible services such as safety shelters, counselling services and economic empowerment programs for women subjected to harmful practices and violence?

Yes, there are shelters run by both Government and NGOs that offer counselling services for women subjected to violence and harmful practices. Some NGOs also provide business training and capital to victims to economically empower them after rescue. Govt has two shelters, one in Accra and one in Wa. However, funds are needed to refurbish the Accra shelter. This is woefully inadequate.

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ii) Are the support services wellresourced (financial/human) to respond to reported cases of harmful practices?

During the reporting period, there were no resourced support services for cases of harmful practices.

However, these support services have periodically been there before but were not well resourced and often close down due to a lack of funding.

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iii) Are law enforcement officers trained to offer special protection to women at risk of harmful traditional practices?

The Police training Schools now have course modules on GBV. However, the L.I is not included in the course module.

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The Article Number 5.2 (d) cont’d.

The Article Content

Assessment Questions

Situation / Reality Report

iv) Is there support for appropriate community mobilization and education measures against harmful practices?

Yes, MOGCSP, NGOs and development partners carry out community education and mobilization against harmful practices.

TOTAL SCORE = 10 POINTS (100%)

Score 1

14 POINTS 71.43%

Outcome of Country Level Article Assessment The following were the key outcomes of the country level article assessment. The section discusses the listed articles which is article 5.

Existence of Witches Camp: In the Northern part of Ghana people alleged to be witches and wizards are banished and often found themselves in camps, which have become known as Witches Camps. The Bunyasi witches camp was closed in 2014. Other witch camps are still present with authorities working to reintegrate victims into society. Such persons, 95% of whom are women, faced harsh living conditions, dejection, and stigmatization; a scar that is never erased and extended to family members.

ARTICLE 5 5(a) Creation of public awareness in all sectors of society regarding harmful practices through information, formal and informal education and outreach Programmes; What are the existing harmful practices affecting the lives of woman and girls in the country?

This article was assessed based on cultural and traditional practices that harm the lives of women and girls in the country. Despite the existence of laws to curb practices such as female genital mutilation, Trokosi and child marriage still persist as a result of how patriarchy is entrenched in Ghanaian and African culture.

Female Genital Mutilation: the prevalence of FGM in women aged 15-49 is around 38% with the highest prevalence in Upper West (41,1%) and Upper East 27,8% and all the other regions are below 5 % (MICS 2011). A study made in the Bawku municipality and Pusiga District revealed that the prevalence in this area is continues to be practiced though it has been banned for over 20 years. Some parents crossed to Burkina and North of Togo to perform the act.

Trokosi (Trɔkɔsi), meaning a slave to the deity, which is a religious servitude of mainly sending maidens (virgins) to shrine to attain for the sins of a family member or family members; atonement of sins. This is practice in South Eastern Ghana in the Volta Region, though it is also practiced in Togo and Benin.

Child marriage: Child marriage in Ghana is still high, one out of five girls marries before her 18th birthday (20.7%) and one out of 20 girls (4.9%) marries before her 15th birthday 1 . The

1

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC58279 91/

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Northern regions have the highest prevalence of child marriage, more than one in three girls marry before age 18. The data from the latest two nationally representative surveys shows that the rate of child marriage increased in the three Northern regions (from 26.4% in 2011 to 33.6% in 2014. These surveys known as the Ghana Multiple Indicator Cluster Survey were conducted in 2017/2018 with findings released in November, 20182.

responsible institutions to perform their duties to totally end these inhumane practices. The Commission of Human Rights & Administrative Justice (CHRAJ) is mandated to promote and protect human rights whiles the Domestic Violence & Victims Support Unit of the Ghana Police Service is mandated to prosecute all cases regarding domestic violence. These institutions are unable to perform these functions effectively due to lack of resources and logistics. (i) Is there broad awareness by the public of harmful practices - through formal and informal education and outreach programmes?

In Ghana, some civil society organizations act to educate and protect the right of girls from harmful practices. For example, the Ghana NGO Coalition on the Rights of the Child (GNCRC) advocates with the Government to protect the rights of children and girls in particular from harmful practices. NGOs such as International Needs work to release girl victims of Trokosi and also to ensure that all links to the shrines cut off.

These traditional norms and culture have been a minus to Ghana’s progressive human rights regime. In all indications it is women who bear the brunt of these acts.

Gaps 1. Inadequate shelters and staff to attend to and rehabilitate victims of harmful practices.

The Department of Gender of the Ministry of Gender, Children & Social Protection as well as the Department of Children also carry out sensitisation programs in cooperation with development partners.

However, without much donor funding the Ministries budget is not sufficient enough to carry out sensitisation since other social programs such as the school feeding program carries a chunk of the budget of the Ministry of Gender, Children & Social Protection.

2. Due to unavailability of funds and resources, the Ministry of Gender Children & Social Protection is unable to carry out sensitisation programs on harmful practices.

3. The present Act 29, does not include the issue of medicalisation and para medicalisation of FGM. 4. Even though general training is given to medical personnel, there must also be specialised training for medical personnel to be able to respond to victims of harmful practices appropriately.

School curriculums also teach school children about harmful cultural practices as part of sensitisation and spreading awareness.

Recommendations Giving that these practices have been banned for over two years law enforcement is necessary to full eradicate them. Ghana needs to strengthen

Gaps: Due to inadequate funds and resources, the Ministry of Gender, Children & Social Protection is unable to carry out enough sensitisation programs on harmful practices.

2

https://www.unicef.org/ghana/reports/ghanamultiple-indicator-cluster-survey

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Recommendations More support and priority must be given to the Ministry of Gender, Children and Social Protection (MOGCSP) in order to fulfil their mandates since donor support will not always be available.

Recommendation The amended criminal code act must be further amended to specifically deal with the emerging trend of medicalisation and para medicalisation of FGM. ii) Are the existing enforcement mechanisms punitive enough to act as an effective deterrence?

YES. The amendment to Section 69A of the COA 1960 in 2007 increased penalties as follows: ▪ Section 69A(1) – anyone performing FGM commits an offence and is liable upon conviction to between five and ten years’ imprisonment;

ii) Are there targeted sensitisation campaigns in areas with high incidence/ prevalence of harmful practices?

Yes. The Ministry of Gender, Children & Social Protection, and other NGOs such as Action Aid have worked extensively in the Upper East, Upper West, Northern and Brong Ahafo regions, which are the areas with the highest prevalence of FGM and have been successful in co-opting many traditional chiefs to support the campaign to end the practice. Also, International Needs has also had sensitisation campaigns in the Southern parts of the Volta region where Trokosi is prevalent.

▪

Section 69A (2) – anyone who participates or assists in FGM also commits an offence and is liable upon conviction to between five and ten years’ imprisonment.

5(c) Provision of necessary support to victims of harmful practices through basic services such as health services, legal and judicial support, emotional and psychological counselling as well as vocational training to make them self-supporting;

5(b) Prohibition, through legislative measures backed by sanctions, of all forms of female genital mutilation, scarification, medicalisation and Para medicalisation of female genital mutilation and all other practices in order to eradicate them;

Are there designated medical staff trained to deal with victims of harmful practices Medical staff in Ghana are trained to handle all types of cases, there is no specific training for staff in the area of harmful cultural practices.

Due to general training medical professionals are able to deal with such cases when they are encountered. (i)

Are there adequate enforcement mechanisms (laws and obligations) prohibiting FGM, scarification, medicalisation and Para medicalisation of women and girls?

The 1992 constitution under chapter 6 paragraph 39 talks about the elimination of harmful cultural practices. In 1994, the Criminal Code Act added article 69 A to prohibit “female circumcision”. In 2007, it was amended to “female genital mutilation” and the penalties were increased. The law does not directly criminalise female genital mutilation carried out in a medical setting; however, it seems the law can be applied widely and therefore medical professionals engaged in FGM can be punished under this act. (i)

Gap: Even though general training is given to medical personnel, there must also be specialised training for medical personnel to be able to respond to victims of harmful practices appropriately.

Recommendation The State must provide specialised training for health personnel to be able to deal with victims of harmful practices

Gap: The present criminal code on FGM does not include the issue of medicalisation and para medicalisation of FGM. 20

ii) Are there specialised desks in health facilities set aside to respond to the physical, psychological and emotional needs of victims of harmful practices?

There are no specialised desks in health facilities set aside to respond to the physical, psychological and emotional needs of victims of harmful practices.

not been able to take up what the NGOs are doing and allocate adequate resources.

Gap: No specialised medical personnel and specialised desks to handle medical cases involving victims of harmful practices.

5(d) Protection of women who are at risk of being subjected to harmful practices or all forms of violence, abuse and intolerance i) Are there special fairly distributed, affordable and accessible services such as safety shelters, counselling services and economic empowerment programs for women subjected to harmful practices and violence?

Shelters exists for victims, even though these shelters seem geared towards victims of domestic violence, other victims are also accepted. Unfortunately, these shelters are not enough. Government has only one shelter which is inadequately staffed and under resourced.

There are two other shelters managed by NGOs. These shelters have their locations hidden in order to protect victims. The Ark foundation for example re opened its shelter in 2019 after being closed down for a number of years. These shelters are unavailable in other regions. The Second Lady, Mrs. Samira Bawumia, wife of Vice President His Excellency Mahamudu Bawumia, in 2019 also started an initiative to provide shelter for GBV victims, however this seems to have stalled.

Recommendation Government must cooperate with other development partners and CSOs to provide vocational training for victims of harmful practices.

Recommendation The Ministry of Health and the Ghana Health Service must provide specialised desks in health facilities to respond to the physical, psychological and emotional needs of victims of harmful practices. iii) Do victims and survivors of harmful practices receive vocational training on personal growth?

Yes, some NGOs that work in the area of harmful practices offer vocational training for victims besides rescuing them. This is done in other to help them stand on their feet since a lot are unable to return to their various communities due to hostility and stigmatization.

Gap: Inadequate shelters and staff to attend to and rehabilitate victims of harmful practices.

Recommendation CSOs working in this area must implore Government and support the Ministry of Gender, Children & Social Protection to build more shelters. CSOs must also follow up on the initiative started by the Second Ladies Office to provide a one stop shelter for GBV victims. ii)Are the support services well-resourced (financial/human) to respond to reported cases of harmful practices?

These services both human and financial are not well resourced to respond to reported cases of

Gaps: Government has not been able to provide adequate resources for vocational training on personal growth. Furthermore, Government has 21

harmful practices. There have been situations where response by officers handling these issues have further victimized victims and make them unwilling to continue the cases

AREAS FOR FUTURE ADVOCACY ➢ Advocacy for amendment to the criminal code to address the issue of medicalisation and para medicalisation of FGM.

Gap: Inadequate human and financial resources to respond to cases of harmful practices.

➢ Advocacy to Government to provide more budget allocation to the Ministry of Gender, Children and Social Protection to enable them ensure the protection of women, girls, children and vulnerable.

Recommendation The State must provide enough human, material and financial resources to agencies such as the Domestic Violence and Victims Support Unit (DOVVSU) for them to be able to handle and respond well to these cases.

➢ Provision of shelters nationwide for victims of harmful practices. ➢ Training of specialised police officers and medical personnel to handle cases of harmful practices.

iii) Are law enforcement officers trained to offer special protection to women at risk of harmful traditional practices?

The Domestic Violence & Victims Support Unit (DOVVSU) has trained officers who specialize in offering protection and responding to victims of gender-based violence (GBV).

➢ Provision of specialised desks within health Centres to respond to cases affecting victims of harmful practices. ➢ Training of the media on how to report stories of harmful practices professionally.

Gap: Law enforcement officers often times do not handle these cases well leading to re victimization of victims.

➢ Training of health workers in sign language in order to help victims who are speech and hearing disabled.

Recommendations The State must retrain DOVVSU officers who will specialize in offering special protection to women at risk of harmful practices. iv) Is there support for appropriate community mobilization and education measures against harmful practices?

The Ministry of Gender, Children and Social Protection organizes programs to raise awareness of violations of women’s rights, including FGM and its subsequent health implications. These sensitisation programs are primarily coordinated by the Ministry and involve local government authorities such as the District Assembly, the Assembly members and other organizations including the Child Protection Network in the Upper West Region, the Police Domestic Violence and Victim Support Unit (DOVVSU) and nongovernmental organizations (NGOs) working in communities. Research is also conducted by the Ministry of Gender, Children & Social Protection, supported by the United Nations Children’s Fund (UNICEF).

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The Article Number 6 (a)

6 (b)

6 (c)

The Article Content No marriage shall take place without the free and full consent of both parties;

The minimum age for all women shall be 18 years

Monogamy is encouraged as the preferred form of marriage and that the rights of women in marriage and family,

Assessment Questions

Situation / Reality Report

Score

Are there laws specifically prohibiting forced marriages and prescribing punishment? List these laws

Yes, The Children’s Act of 1998 (Act 560) prohibits forced and child marriages.

1

ii) Is there accurate data on all marriages?

According to research conducted by WILDAF in 2016, data on marriages under the various forms of marriage is not accurate. Because a lot of people fail to register their marriages.

0

iii) Are law Law agencies are not enforcement adequately responding to agencies adequately forced marriages. responding to cases of forced marriages?

0

i) Does the law or policy specify the minimum age for marriage?

Yes, the 1992 Constitution pegs marriage at the age of 18.

The Children’s Act of 1998 (Act 560) also pegs the legal age of marriage at 18.

1

i) Are there any customary or religiously recognised practices that provide for exceptions with regards to the minimum age for marriage?

Yes, certain customary practices such as child marriage force young girls to be married off when they have not reached the legal age for marriage.

1

i) Are there laws that recognise polygamous marriages?

Yes, In Ghana there are two laws that recognise polygamous marriage.

These are the customary marriage and divorce registration law,1985

1

24

The Article Number 6 (c) cont’d

6 (d)

6 (e)

The Article Content

Assessment Questions

including in polygamous marital relationships are promoted and protected.

Every marriage shall be recorded in writing and registered in accordance with national laws, in order to be legally recognised;

The husband and wife shall, by mutual agreement, choose their matrimonial regime and place of residence;

Situation / Reality Report

Score

(PNDC Law 112 amended by PNDCL 263) and Mohammedan Ordinance of 1884.

ii) Does the law/s guarantee protection of equal rights of women in marriage and family whether in monogamous or polygamous marital relationships?

Yes, the Ghanaian Constitution under Chapter five, article underlines the rights of married women to own property as well as equitable distribution of property.

1

i) Are there mechanisms in place to register all marriages regardless of how they are solemnized (i.e. customary, religious, etc.)?

Yes. The Registrar Generals Department is responsible for registering marriages, however District Assemblies also register marriages and provides the information to the Registrar Generals Department

1

ii) Are there institutions mandated to register marriages in accordance with national laws?

Yes, the Registrar Generals Department is the institution mandated by law to register marriages in accordance with national laws.

1

iii) If so, is this information registration of marriage known to the public?

Yes. Churches, Courts and District Assemblies contract marriages, therefore this information is made available to the public.

1

i) Are there laws to protect the rights of women in marriage in regard to choice of matrimonial regime and place of residence?

No

0

25

The Article Number

The Article Content

6 (e) cont’d

6 (f)

A married woman shall have the right to retain her maiden name to use it as she pleases, jointly or separately with her husband’s name.

Assessment Questions

Situation / Reality Report

ii) Are there laws that protect widows in relation to their place of residence?

Yes, PNDC law 111 of 1985 known as the Intestate Succession Law makes this provision.

1

i) Are there guidelines governing women’s rights to choice of surname whether maiden or husbands?

Women in Ghana have the option of keeping their names or taking their husbands name. And there are guidelines to this

1

ii) If not, what is the However, if a woman practice? decides to change her name, she must present her marriage certificate and affidavit to the Ghana Publishing Company for her name to be gazetted as the law requires.

6 (g)

6 (h)

A woman shall have the right to retain her nationality or to acquire the nationality of her husband;

A woman and man shall have equal rights, with respect to the nationality of their children except where this is contrary to a provision in national legislation or is contrary to national security interests

Score

1

i) Are women aware of their rights to choice of retaining or acquiring nationality of husband?

Yes. The Ghana Immigration Service provides this information.

However, knowledge of this is not widely spread.

1

(ii)Are there existing procedures for this?

Yes. In Ghana, the 1992 Constitution (chapter 3) states clearly the rights and procedures for women of retaining or acquiring nationality of her husband.

1

i) Is this provision included in the constitution of the country?

Yes, chapter 3 of the 1992 Constitution ensures the rights of a man and woman with respect to the nationality of their children.

1

ii) Do national laws guarding children’s rights make this provision?

Yes. Children’s Act 1998 Sub Part I (right of the child and parental duty)

1

26

The Article Number 6 (i)

6 (j)

The Article Content

Assessment Questions

Situation / Reality Report

A woman and a man shall jointly contribute to safeguarding the interests of the family, protecting and educating their children;

(i)Are there cultural beliefs and practices in alignment with this article?

Yes, most cultures in Ghana require parents to come together to protect and educate their children

1

(ii)Are there existing laws compelling both spouses to safeguard, protect and educate their children, whether still in union or outside the union?

Yes, the Children’s Act of 1998 (Act 560) and the Child and Family policy of 2014

1

During her marriage, a woman shall have the right to acquire her own property and to administer and manage it freely.

(i)Are there laws that allows women to acquire property and administer

Yes, Article 22 of the Constitution, the Intestate Succession law (PNDC Law 111) and the amended Spousal Rights Bill which is yet to be passed into law

1

Score

(ii)If not, what measures are being put in place for women to own property?

TOTAL SCORE =18 POINTS (100 POINTS)

22 POINTS 81.81%

27

OUTCOME OF COUNTRY LEVEL ASSESSMENT

customary marriage as developed by the courts are: (a) agreement by the parties to live together as man and wife, (b) consent of the family of the man that he should have the woman to be his wife; that consent may be indicated by the man’s family acknowledging the woman as the wife, (c) consent of the family of the woman that she should be joined in marriage to the man; that consent is indicated by the acceptance of drinks from the man or his family or merely by the family of the woman acknowledging the man as the husband of the woman and (d) consummation of the marriage by cohabitation. The Customary Marriage and Divorce (Registration) Law, 1985, PNDC Law 112 requires the couple to register a customary divorce at the district assembly.

Article 6: State parties shall ensure that women and men enjoy equal rights and are regarded as equal partners in marriage. They shall enact appropriate national legislative measures to guarantee that This article focuses on addressing marital issues, age of marriage, property ownership and women’s ability to enjoy the rights associated with marriage.

37. Article 6(a): No marriage shall take place without the free and full consent of both parties. This means that forced marriage is prohibited, parents cannot compel their daughter to marry a man against her will.

The assessment was done based on the following questions: Are there laws prohibiting forced marriages? Explain further and with examples.

Marriage under the Marriage of Mohammedans Ordinance also contains stringent requirements to be fulfilled by the parties. These include celebration of the marriage by a recognised Muslim cleric and registration of the marriage with the marriage registrar one week after celebration.

There are laws in Ghana recognizing children’s rights. Ghana’s Constitution dedicates a whole chapter, Chapter 5, to fundamental human rights and freedoms. Specifically, the Children’s Act, Act 560, (1998) states category prohibits forced and early marriage and provides that no person should be married without his / her consent. This is further strengthened by The Criminal and Other Offences Act.

Gap: Despite the existence of marriage laws which require couples to register marriages, there is also the issue of co habitation.

Cohabitation refers to unions between men and women that have not be legalised. Such unions can range from two to thirty years. Such unions are not recognised under customary law and results in a lack of data about these unions.

Furthermore, women in these unions are denied property rights.

ii) Is there accurate data on all marriages?

Yes, there is accurate data on registered marriages in Ghana. Under the Marriage Ordinance, the man and woman adhere strictly to the requirement of the law which includes among other things information on their places of abode, occupation, and a declaration that there is no other existing marriage. Notice of marriage should be published for three weeks before the marriage is celebrated by a licensed marriage officer. A marriage under the Marriage Ordinance may be celebrated by a Marriage Office, a Registrar of Marriage or

by Special Licence.

Recommendation Government must pass the amended Spousal Rights Bill of 2016. iii) Are law enforcement agencies adequately responding to cases of forced marriages?

No, however from recent stories in the media, the Police adequately responds to cases of forced marriages. The Police has rescued a number of young girls who were to be given off as child brides to older men.

Although there are variations in performance of customary marriage across the different ethnic groups of Ghana, the essential requirements of a 28

The Police works in collaboration with the Department of Children in rescuing and rehabilitation of young girls who were to be sold off as brides.

traditional communities without regard for the law.

Gap: Due to poor enforcement of laws, these harmful traditional practices are still prevalent.

Gap: The Department of Children does not have enough resources to rehabilitate these girls and eventually have to return to their homes where they are not safe.

Recommendation: Government must intensify education efforts in areas where these traditional practices are rife. (i) Are there institutions that enforce marriage laws and the rights there under?

In Ghana the Registrar’s General Department, Municipal and District assembly offices are in charge of enforcing marriage laws and the rights there under.

Recommendation: Government must provide adequate facilities that will help in housing, educating and rehabilitating victims of forced marriages.

Article 6(b): The Minimum age for women shall be 18 years. Marriages shall not be concluded on the basis of physical development or growth but rather based on age. Child marriage is therefore prohibited Does the law or policy specify the minimum age for marriage? Any other law or actions in support of this?

The Children’s Act, the Constitution and Criminal and Other Offences Act prohibit child marriage. Legally the minimum age of marriage in Ghana is set at 18 years. This is also reinforced in the Domestic Violence Act.

iv) Does the law or policy specify the minimum age for marriage?

YES. The Marriages Act 1884-1985 and the Children’s Act 1998. The Children’s Act 1998 provides in section 13(2) that a person of 18 years and above may legally enter into marriage.

Gap: 1. Despite the existence of laws child marriage still persists in Ghana.

1. Punitive measures for child marriage are not strong enough thereby making the practice persist.

Gap: Despite the existence of laws on marriage, child or forced marriage is still prevalent particularly in the Northern parts of Ghana.

Recommendation: Government must enforce laws on marriage effectively in order to deter perpetrators.

39. Recommendation 1. Amendment of laws addressing child marriage to include strong punitive measures.

2. More advocacy on ending child marriage in Ghana.

(i) Are there any customary or religiously recognised practices that provide for exceptions with regards to the minimum age for marriage?

Customary practices such as Trokosi system and child marriage does not respect the minimum age of marriage. Under these practices young girls are given off when they do not attain the age of 18. These practices are adhered to by religious and

6(c): Monogamy is encouraged as the preferred form of marriage and that the rights of women in marriage and family, including in polygamous marital relationships are promoted and protected. (i) Are there laws that recognise polygamous marriages?

29

Yes, the customary marriage and divorce registration law of 1985 and the Mohammedan ordinance recognise polygamous marriage.

concretize the position taken by the Supreme Court to do justice to all parties in matrimonial matters. (WILDAF Desk Review on Women’s Empowerment, 2016)

ii) Does the law/s guarantee protection of equal rights of women in marriage and family whether in monogamous or polygamous marital relationships?

Yes, chapter five article 22 of the Constitution guarantees the protection of women in all forms of marriage. The Matrimonial Causes Act of 1971 also ensures the rights of women in all types of marriage contracted.

Recommendation: NGOs must press Government to pass the amended the spousal rights bill which will ensure clarity in these matters. iii) Does the law provide adequate mechanisms for redress in marital related cases?

As stated above, the law does not provide adequate mechanisms for redress leading to the introduction of the spousal rights bill which will ensure adequate redress. This bill is yet to be passed.

Gap: Despite the existence of this law, a lot of women are ignorant and resort to customary means during dissolution of marriage which do not ensure the protection of women’s rights.

Discretion that judges have under the Matrimonial Causes Act (MCA) to look at the customary rules and practice of particular communities in dealing with a matter of divorce may pose difficulties in cases where the customary law is not too favourable to women.

On the other hand, parties who opt to apply the Matrimonial Causes Act for dissolution of their customary marriage are more likely to get reasonable provision made on their behalf in relation to property distribution, child custody and maintenance than those who use the informal system. Under the MCA, application of common law principles in a court of law ensures fairness, equity and justice.

6(d): Every marriage shall be recorded in writing and registered in accordance with national laws, in order to be legally recognised (i) Are there mechanisms in place to register all marriages regardless of how they are solemnized (i.e. customary, religious, etc.)?

Yes, the Registrar Generals Department and offices in municipal and district assemblies are the main mechanisms for registering all the type of marriages in Ghana. (ii) Are there institutions mandated to register marriages in accordance with national laws?

Yes, the Registrar Generals Department and municipal and district assembly offices are mandated to register marriages in accordance with national laws.

In matrimonial matters before a court of law, a party was required to prove substantial contribution to property, a yardstick used by the courts for many years which in many cases did not favour women because women did not keep records of contribution to matrimonial property therefore were unable to provide evidence in support of their claims.

iii) If so, is this information registration of marriage known to the public?

Yes, the information about the registration of marriage is known to the general public.

This information is provided in churches, courts and District Assemblies as they all contract marriages.

That position of the courts (substantial contribution) has since 2012 being changed in favour of the equality is equity rule espoused by the Supreme Court in Mensah (G.) v. Mensah (S.), [2012] 1 SCGLR 391. The Property Rights of Spouses Bill if passed into law would

6(e): The husband and wife shall, by mutual agreement, choose their matrimonial regime and place of residence; 30

(i) Are there laws to protect the rights of women in marriage in regard to choice of matrimonial regime and place of residence?

Yes, the Child and Family Welfare Policy protects the rights of women in marriage in regard to choice of matrimonial regime and place of residence.

as a citizen of Ghana. This is largely done by the Headquarters of Immigration in Ghana.

6(h): A woman and man shall have equal rights, with respect to the nationality of their children except where this is contrary to a provision in national legislation or is contrary to national security interests (i) Is this provision included in the constitution of the country?

No, chapter 5 article 7 (1) only ensures the registration of spouses who have Ghanaians as husbands or wives.

ii) Are there laws that protect widows in relation to their place of residence?

Yes. Ghana PNDC Law 111 which is the Intestate Succession Law of 1985 ensures protection of widows in relation to their place of residence.

(ii) Do national laws guarding children’s rights make this provision?

The Children’s Act of 1998 (Act 560) under sub section one states that “No person shall deprive a child of the right from birth to a name, the right to acquire a nationality or the right as far as possible to know his natural parents and extended family subject to the provisions of Part IV, Sub-Part II of this Act.”

6(f): A married woman shall have the right to retain her maiden name to use it as she pleases, jointly or separately with her husband’s name (i) Are there guidelines governing women’s rights to choice of surname whether maiden or husbands?

Yes. Women are free to retain their maiden names or use their husband’s names. For a woman to take her husband’s name, she must present her marriage certificate and affidavit from the Commissioner of Oaths to the Ghana Publishing Company for the name to be gazetted.

6(i): A woman and a man shall jointly contribute to safeguarding the interests of the family, protecting and educating their children (i) Are there cultural beliefs and practices in alignment with this article?

Yes, Ghanaian cultural beliefs assert that both a man and woman will come together to protect, raise and educate children.

(ii) If not, what is the practice?

The practice is stated above.

6(g): A woman shall have the right to retain her nationality or to acquire the nationality of her husband; (i) Are women aware of their rights to choice of retaining or acquiring nationality of husband?

Yes, quite a number of foreign women married to Ghanaian men are aware of this.

Gap: However due to patriarchal beliefs also, women are left largely with the burden of raising children and safeguarding family interests.

Recommendation: The State must prosecute absentee and irresponsible fathers and mothers who abandon their family responsibilities.

Are there existing procedures for this?

Yes, the Constitution ensures this and sets the provisions. Chapter 5 Article 7 (1) A woman married to a man who is a citizen of Ghana or a man married to a woman who is a citizen of Ghana may, upon making an application in the manner prescribed by Parliament, be registered

Are there existing laws compelling both spouses to safeguard, protect and educate their children, whether still in union or outside the union?

Yes, sub part one of the Children’s Act 1998 under rights of the child and parental duty states in states that “Every child has the right to life,

31

dignity, respect, leisure, liberty, health, education and shelter from his parents”

(i) Does the state party have laws, regulations and programs to support this?

What measures are being put in place to protect married women’s right to own properties?

Gap: The education of some children comes to a standstill during the dissolution of the marriage of their parents.

Recommendation: 1. NGOs working in the area of children’s rights must push Government to enforce the Children’s Act.

There are number of laws protecting the rights of the individual to own property in and outside marriage. The Constitution of Ghana recognises the rights of the individual to own property and undertake any economic venture that will support the desire of such individuals to acquire the property.

Article 36 (7) of Constitution: provides for ownership of property and right to inheritance.

2. Prosecution of parents who neglect their parental duties especially when marriages dissolve.

Article 6(j): During her marriage a woman shall have the right to have her own property and to administer and manage it freely.

This is reinforced by the PNDC Law 111, the Wills Act and the Judiciary’s Power in administering justice to give women access to own properties. The Spousal and Land Bills aimed at promoting women’s access to and ownership of properties, including landed properties; it is before Parliament pending approval.

Gap: The State Party has tendency to delay passage of social interest and gender bills. For instance, the Domestic Violence Act was passed after 9 years of efforts, the Spousal Rights to Property Bill and the Land Bill have been pending for 8 years and 5 years respectively.

Recommendation: 1. The State Party must prioritise Social and Gender Equality Bills to demonstrate commitment to Gender Equality and Women Empowerment issues.

AREAS FOR FUTURE ADVOCACY 1. Advocacy for quick passage of bills concerning women such as Spousal rights bill and the land bill.

32

2.

Increased advocacy on ending of child marriage.

3.

Advocacy for the enforcement of the Children’s Act.

The Article Number 12(a)

The Article Content

Assessment Questions

Situation / Reality Report

Eliminate all forms of discrimination against women and guarantee equal opportunity and access in the sphere of education and training;

(i) What are the mechanisms the government has put in place to eliminate all forms of discrimination against women in education?

The Ghanaian Government since the 1990s has implemented the Free Compulsory Universal Basic Education which is a national policy to educate all children.

Score 1

Other policies include the capitation grants, free school uniforms, the school feeding program and the free senior high school policy that ensures equal education for boys and girls

12(b)

Eliminate all stereotypes in textbooks, syllabuses and the media, that perpetuate such discrimination

(ii) Are there any national initiatives to ensure women equally access education and training opportunities?

Yes, all the policies indicated above ensure women also gain equal access to education and training.

i) Is there any national mechanism in place to vet content in textbooks, syllabuses and media before publication and broadcast?

Yes. There is a National Council for Curriculum & Assessment (NACCA).

1

ii) To what extent does vetting mechanism address stereotyping and discrimination of women?

The National Council for Curriculum Assessment has approved subjects such as social studies that teaches students about cultural practices such as FGM, witch camps,

1

34

1

The Ghana Education Service (GES) has initiatives that helps teen mothers return to the classroom and get an education.

The Article Number 12 (b) cont’d

12 (c)

The Article Content

Assessment Questions

including in polygamous marital relationships are promoted and protected.

Protect women, especially the girlchild from all forms of abuse, including sexual harassment in schools and other educational institutions and provide for sanctions against the perpetrators of such practices;

Situation / Reality Report

Score

FGM, witch camps, Trokosi and Child marriage. New syllabuses and curriculum approved by the Ghana Education Service (GES) addresses stereotypes and discrimination against women and girls. iii) Are there any No punitive measures for perpetrators of the stereotyping and discrimination of women?

0

i) Are there national provisions protecting the girl child from all forms of abuse including sexual harassment in schools and other education institutions?

No, there is national provision protecting the girl child from all forms of sexual abuse in educational institutions, however the Ghana Education Service has a code of ethics guiding the conduct of teachers which prohibits teachers from having illicit relationships with female students. The University of Ghana also has sexual harassment policy.

1

ii) What are the enforcement mechanisms and punitive measures or sanctions in place protecting women and girls from perpetrators of such practices?

Teachers who are found violating these codes of ethics are usually transferred rather than punished. However, in the Universities such as the University of Ghana, lecturers who are caught are punished upon investigation.

0

35

The Article Number 12(d)

12 (e)

The Article Content

Assessment Questions

Situation / Reality Report

Score

Provide access to counselling and rehabilitation services to women who suffer abuses and sexual harassment;

i) Are there functional counselling and rehabilitation caters for women and girls that experience or have experienced gender-based violence?

Yes, there are shelters for women who have experienced gender based violence, However they are not enough. Government has two shelters, one in Accra and one in Wa. However, funds are needed to refurbish the Accra shelter. The Ark Foundation also runs a shelter which was reopened in 2019.

1

Integrate gender sensitisation and human rights education at all levels of education curricula including teacher training.

i) What mechanisms has the Government put in place to ensure that the national curriculum for learners is gender sensitive and inclusive of human rights

The new syllabus approved by the National Council for Curriculum & Assessment has subjects that are gender . sensitive and inclusive of human rights.

1

ii) Is gender mainstreaming (education budgets, sector plans, and monitoring frameworks) incorporated in the current national education system?

Under the National Gender Policy of 2015, gender mainstreaming is to be incorporated in budgets, sector plans and monitoring frameworks of all Ministries, Departments and agencies. According to the Ministry of Gender, Children & Social Protection this is being implemented. However, there have been a few gaps in implementation as well in monitoring and evaluation.

1

iii) Does the teachertraining curriculum in key government and private institutions incorporate gender responsive teaching methodologies?

Yes. Teacher training curriculums incorporate gender responsive teaching methodologies in their curriculums.

1

36

12(f)

Promote literacy among women;

i) Are there any formal and/or informal programs aimed at enhancing literacy among women?

Yes, the Non-Formal Education unit of the Ministry of Education exists since 1980s offering adult education training and services to illiterate adult women and men. This was aimed at improving reading and literacy among adult women and men. This was aimed at improving reading and literacy among adult population who might not have had the opportunity to go through formal education

1

12 (g)

Promote education and training for women at all levels and in all disciplines, particularly in the fields of science and technology;

i) Are there mechanisms in place to boost gender parity in the enrolment, retention and transition of women and girls in all levels of education?

Yes. The Ghana Ministry of Education has established a Girl’s Education Unit to boost gender parity. There is also a policy to ensure that teen mothers return to school after the birth of their kids. Universities also have affirmative action policies to increase the enrolment of girls

1

ii) Are there national policies, strategies, or initiatives to enhance women participation in STEM courses and fields?

Yes, initiatives such as the National Science and Mathematics quiz strive to boost participation and interest in STEM. Some private organizations have introduced coding classes aimed at girls to encourage their interest in STEM.

1

37

12(h)

Promote the enrolment and retention of girls in schools and other training institutions and the organisation of programmes for women who leave school prematurely.

i) What measures has the state instituted to promote the re-entry of out of school girls and women in formal education system?

The State has re-entry guidelines for girls who fall pregnant to come back to school.

The West Africa Examinations Council has a policy to register women and girls to write BECE and WASSCE as private candidates

1

ii) Has the Government invented a criteria to reintegrate the out of school girls into Vocational training?

Out of schoolgirls in Ghana are allowed to enroll into any educational institution of their choice with the reentry policy which covers all educational institutions.

1

TOTAL SCORE POINTS = 14 (100)% OUTCOME OF ASSESSMENT

18 POINTS 77.77%

COUNTRY

LEVEL

School Uniform. In 2017 the Government introduced the Free Senior High School (free secondary education). There is also inclusive education policy for promoting gender equality and vulnerability education. Disability Act has been enacted since 2006 that provides for access to public facilities by physically challenge.

There are also further specialised schools for persons with disabilities including Children with autism, persons with hearing and sight impairment. Ghana also have training institutions such as Council for Technical and Vocational Education and Training (COTVET) and National Vocational and Technical Institute (NVTI) that provide vocational, technical and skills training to all with specific areas for both male and female.

Article 12(a): Eliminate all forms of discrimination against women and guarantee equal opportunity and access in the sphere of education and training. (i) What are the mechanisms the government has put in place to eliminate all forms of discrimination against women in education?

The Free Compulsory Universal Basic Education (FCUBE) has been a national policy for over two decades; Government of Ghana has implemented the FCUBE policy since the 1990s and this is well guaranteed in the 4th Republican (1992) Constitution. Over the last 15 years Government has further enhanced equal educational opportunities by introducing the School Feeding Program that provides one meal a day during lunch time in basic schools, Capitation Grants, and Free

All these have legal backing in Article 38.

(1) The State shall provide educational facilities at all levels and in all the Regions of Ghana, and shall, to the greatest extent 38

feasible, make those facilities available to all citizens.

of Education and Ghana Education Service (GES). These bodies give the final approval and vet the content of textbooks and syllabuses before publication.

(2) The Government shall, within two years after Parliament first meets after the coming into force of this Constitution, draw up a program for implementation within the following ten years, for the provision of free, compulsory and universal basic education.

(ii) To what extent does vetting mechanism address stereotyping and discrimination of women?

School syllabuses over the years have addressed discriminative practices against women such as FGM. child marriage, witch camps and Trokosi. This has been done through courses such as Social Studies and Religious and Moral Education.

(3) The State shall, subject to the availability of resources provide – (a) equal and balanced access to secondary and other appropriate pre-university education, equal access to university or equivalent education, with emphasis on science and technology; (b) a free adult literacy program, and a free vocational training, rehabilitation and resettlement of disabled persons; and (c) life-long education.

(iii) Are there any punitive measures for perpetrators of the stereotyping and discrimination of women?

Punitive measures exist for practices such as FGM and child marriage, however there are no punitive measures for the stereotyping of women.

(i) Are there any national initiatives to ensure women equally access education and training opportunities?

All of the initiatives analysed above are national initiatives put forward by Government to ensure women equally access education and training opportunities. Universities such as the University of Ghana has an Affirmative Action policy which has a specific cut off point for females in order to increase female admissions and to ensure equal access to education.

Gap: There are no existing punitive measures for stereotyping against women.

Recommendation 1. The Ministry of Gender, Children & Social Protection must create a policy that addresses the issue of stereotypes against women.

12(c): Protect women, especially the girlchild from all forms of abuse, including sexual harassment in schools and other educational institutions and provide for sanctions against the perpetrators of such practices; (i) Are there national provisions protecting the girl child from all forms of abuse including sexual harassment in schools and other education institutions?

There is a “Teachers Code of Ethics� that prohibits teachers having relationships with their students or any students in another school, implying that teachers cannot have any amorous relationship with students no matter their place of schooling.

The Code provides for punishment for such Teachers who defiled this Code.

12(b): Eliminate all stereotypes in textbooks, syllabuses and the media, that perpetuate such discrimination (i) Is there any national mechanism in place to vet content in textbooks, syllabuses and media before publication and broadcast?

Yes, there is the National Council for Curriculum Assessment (NACCA) which has been established to develop research based curriculum content for the basic and secondary education in Ghana. The council also works hand in hand with the Ministry 39

The University of Ghana also has an antisexual harassment policy that guides the conduct of lecturers and prohibits them from forming inappropriate relationships with students. The policy also prohibits lecturers from using their positions to sexually exploit students.

(i) Are there functional counselling and rehabilitation canters for women and girls that experience or have experienced gender-based violence?

Yes, there are functional rehabilitation centers provided by the State. However, these are not adequate as they are only two. NGOs such as Ark Foundation has a shelter which begun functioning in 2019 after years of being closed down.

Gap: The challenge has to do with ineffective implementation of the policy as often offending teachers are transferred to remote areas of the country which might worsen the situation as their activities may be difficulty to be monitored in such obscured communities.

Gaps: There are not enough counselling and rehabilitation centers for victims of gender based violence. The existing functional ones also lack to resources to adequately cater for victims.

Recommendations: 1. All cases of sexual harassment must be treated under the Domestic Violence Act, the Children’s Act and the Criminal and Other Offences Act.

Recommendations: NGOs must advocate for Government to build functional rehabilitation centres nationwide.

2. Intensified awareness among teachers and students through strategic engagement.

12(e): Integrate gender sensitisation and human rights education at all levels of education curricula including teacher training

(iii)What are the enforcement mechanisms and punitive measures or sanctions in place protecting women and girls from perpetrators of such practices?

Teachers caught flouting the code of ethics are transferred as a punitive measure.

Unfortunately, this is inadequate since these teachers go to other districts and regions to continue to abuse girls. The University of Ghana’s sexual harassment policy also punishes lecturers who are caught sexually harassing students.

(i) What mechanisms has the government put in place to ensure that the national curriculum for learners is gender sensitive and inclusive of human rights?

The National Council for Curriculum Assessment ensures that syllabuses are gender sensitive. The new curriculum adopted as part of educational reforms at the basic level contain topics that are gender sensitive and inclusive of human rights.

Gap: Punitive measures under the teacher’s codes of ethics is inadequate thereby perpetrating sexual harassment and abuse.

(ii) Is gender mainstreaming (education budgets, sector plans, and monitoring frameworks) incorporated in the current national education system?

Under the National Gender Policy of 2015, gender mainstreaming is to be incorporated in budgets, sector plans and monitoring frameworks of all Ministries, Departments and agencies. According to the Ministry of Gender, this is being implemented.

Recommendations: Revision and amendment of the teacher’s codes of ethics to include severe punitive measures for teachers who are caught violating the code of ethics.

12(d): Provide access to counselling and rehabilitation services to women who suffer abuses and sexual harassment; 40

(iii) Does the teacher-training curriculum in key government and private institutions incorporate gender responsive teaching methodologies?

Teacher training curricula recognise the differences and needs of both male and female students.

vacations. The centers are meant to promote and encourage young girls in their formative ages to participate in mathematics, science and technology. In 2017, the Ministry of Communication introduced the ICT Coding program for children in primary and basic schools in addition to ICT programs taught in schools. In recent past the Government did introduce the one-laptop-per-child policy that distributed over 30,000 customized computers to children of school going age.

There is also a national mathematics and science quiz to encourage the learning and teaching of the subjects in Ghana; it is available for all schools.

12(f): Promoting literacy among women (i)

Are there any formal and/or informal programs aimed at enhancing literacy among women?

The State party have had a program around non-formal education for over 30 years. The Non-Formal Education unit of the Ministry of Education exists since 1980s offering adult education training and services to illiterate adult women and men. This was aimed at improving reading and literacy among adult population who might not have had the opportunity to go through formal education system during their childhood.

The State Party have had in place a scholarship scheme purposely for supporting girls to undertake technical skills training. Between 2011 and 2013 as many as 668 girls from poor households to have been given scholarships to pursue technical skills training under the Gender Responsive Skills and Community Development Project. Similarly, the State Party has since 2013 awarded scholarship of excellence to 23 girls under the ECOWAS Gender Development Centre (EGDC) Scholarship to study science related subjects at the tertiary level. In 2015 the Ministry of Gender, Children & Social Protection also initiated a program for training and upgrading skills of fistula repaired-patients which has since benefited 156 women in the Northern sector of the Country.

Gap: This program is often sponsored by international development agencies and a paradigm shift in programs and focus have led to reduction in sponsorship to the program; which is real in recent development agenda affecting continuity and progress.

Recommendations: The State Party must prioritize adult education and make budgetary allocation to it.

12(g) Promote education and training for women at all levels and in all disciplines, particularly in the fields of science and technology.

(ii) Are there national policies, strategies, or initiatives to enhance women participation in STEM courses and fields?

Yes, initiatives such as the National Science and Maths quiz strive to boost participation and interest in STEM. The National Science and Maths quiz also rewards best female participants in order to boost female interest in science education. Winners are also awarded

(i) Are there mechanisms in place to boost gender parity in the enrolment, retention and transition of women and girls in all levels of education?

There has been a program on Science, Mathematics and Technology for young girls for over 30 years. Girls are selected from various second-cycle schools to participate in the Science, Mathematics and Technology workshops during 41

scholarships as part of measures to promote interest in STEM.

and skills. In addition, the Ministry of Gender, Children, and Social Protection the Kayayei project has trained large number of Kayayei (head porters), equipping them with self-employable skills, benefiting 400 young girls.

12(h). Promoting the enrolment and retention of girls in schools and other training institutions and the organizations of programs for women who leave school prematurely

Gap: The program depends on foreign donor support which has its own challenges and influenced by interest.

(i) What measures has the state instituted to promote the re-entry of out of schoolgirls and women in formal education system?

The State party has significant record on the ratio of boys to girls’ enrolment which is around 100:97; for every 100 boys in school there is a corresponding 97 girls in school. This has been possible through the policy afore-mentioned including the FCUBE, School Feeding Program, and Capitation Grants supplemented by free distribution of sanitary pads, free school uniform, free sandals, and free text books.

This is further supported by a policy directive allowing pregnant students to write examination and return to the school after delivery (the policy guideline for reentry of teenage pregnant girls to schools).

This policy even allows such pregnant girls to stay in the classroom as far as they have the ability to cope. Institutions such as the Council for Technical & Vocational Education & Training (COTVET) and National Vocational & Technical Institute (NVTI) exists to provide technical and skills training for both school dropouts and students who needed practical knowledge and skills. In addition, the Ministry of Gender, Children and Social Protection initiated a project which trained a large number of kayayei (headporters) equipping them with self-employable skills, benefiting 400 young girls.

Recommendations: The State Party should develop a comprehensive program that target the source district to be able to curb the migration from such districts AREAS FOR FUTURE ADVOCACY 1. Lobby the National teachers governing body and where need be the Judiciary to prosecute teachers who sexually exploit students instead of transferring them.

2. Lobby the Ministry of education to increase budget allocation for adult education.

3. Advocacy for Government to prioritize strengthening and budgeting for vocational and technical education.

CONCLUSIONS The Maputo Protocol score card is an effective monitoring system for national governments to honor their human rights responsibilities to women and girls who are some of the most vulnerable groups in our populations.

Through this score system, we have been able to identify areas that must be strengthened by the Ghanaian government. Unfortunately, government cannot do this alone and CSOs must come on board to help government implement the human rights articles in the protocol to ensure the welfare of women and girls in our countries. Without ensuring the rights of this fundamental groups of people, development on our continent will continue to lag behind.

(ii) Has the government invented a criteria to reintegrate the out of school girls into vocational training Institutions such as COTVET and NVTI exists to provide technical and skills training for both school dropouts and students who needed practical knowledge 42

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