A CALL TO ACTION: ENGAGING RELIGIOUS INSTITUTIONS TO POPULARISE THE DOMESTIC VIOLENCE ACT, 2010

Transcription

1 CENTER FOR DOMESTIC VIOLENCE PREVENTION AND THE INTER-RELIGIOUS COUNCIL OF UGANDA A CALL TO ACTION: ENGAGING RELIGIOUS INSTITUTIONS TO POPULARISE THE DOMESTIC VIOLENCE ACT, 2010 Workshop Report 30th SEPTEMBER 2010

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3 1.0 WELCOME REMARKS AND WORKSHOP OBJECTIVES The workshop began with the introductions of participants who represented the major faiths Roman Catholic, Church of Uganda, Seventh Day Adventist, Islam, Orthodox and Bahai Faith who are members of the Inter-Religious Council of Uganda and the workshop objectives were: To strengthen top religious leaders (from the Central Region) with knowledge and skills to prevent domestic violence (DV). To increase religious institutions understanding of the recently passed Domestic Violence Act, 2010 (DVA, 2010). Highlight the role of religious institutions in popularising the DVA, i.e inspire religious institutions to popularise the Act given the privileged position they hold within their congregations. To define a way forward for the religious institutions to popularize the DVA. The facilitator noted that the purpose of the Act is to complement the efforts of religious leaders in addressing DV i.e harmonisation of the legal and religious perspectives on DV with the ultimate aim of ensuring that the family remains a stable unit where children (who are tomorrow s leaders) are groomed. The workshop programme is attached as Annex I. 1.1 OPENING REMARKS, GENERAL SECRETARY INTERRELIGIOUS COUNCIL, JOSHUA KITAKULE Mr Kitakule emphasised the role of religious leaders in preventing and addressing DV which stems from the significant moral and spiritual influence religious leaders wield and their unique and unparalleled potential to be powerful agents of prevention, education and advocacy to bring an end to violence against women. Armed with knowledge on the provisions of the DVA religious leaders will have their capacity to prevent and address DV enhanced. He concluded by identifying 3 key roles for religious leaders in domestic violence prevention: Amplifying the position of religious institutions against DV through sermons and forums where religious instructions are given. The content of these messages should emphasise the equal dignity of both men and women. Adopting a proactive approach towards men by encouraging them to take a stand against domestic violence. Provision of support services for survivors of domestic violence. Such care can be given through networks such as schools, health centres, fellowships, etc. The opening remarks are attached as Annex II.

4 2.0 OVERVIEW OF CEDOVIP, EXECUTIVE DIRECTOR, CEDOVIP, TINA MUSUYA CEDOVIP is a local NGO founded in 2003 and works in partnership with communities, institutions, government and civil society to promote women s rights by influencing change of attitudes, behaviours and practices that perpetuate violence against women. The geographical coverage of the organisation is within Kampala and has extended from Kawempe to Makindye and Rubaga Divisions. CEDOVIP runs three programs that are interconnected. (I)SASA (a Kiswahili word for Now) mobilises communities to work on HIV/AIDS and DV in recognition of the linkages between the high incidences of violence against women and high HIV infection rates. The organisation works with: men and women at the grassroots to prevent violence within their relationships and communities; the police to strengthen their capacity to adopt a victim centred approach in preventing and addressing DV; institutionalising response to DV in the Force through developing protocols on interview guides, integrating training on DV in the curriculum of the Police Force. Partnerships have also been sought with local leaders both civil and opinion - paternal aunts (sengas) who on a daily basis play an instrumental role in prevention of DV in the communities. The work is mainly Kampala based. The National Prevention of Violence Against Women (NPVAW) works with other civil society organizations to enhance their skills at preventing violence against women in their communities. Such institutions include the Catholic Diocese in Soroti which has launched a VAW program, the Uganda Muslim Supreme Council. Similar programs are being rolled out in Northern Uganda, Pallisa and the Busoga Region. Under the National Advocacy on Prevention of Violence a two pronged approach is adopted to respond to the increasing cases of DV; training journalists on how to report responsibly on DV without trivialising it; using electronic media such as TV and radio to call for action against DV; and advocacy for law reform. Advocacy for enactment of the DVA was undertaken under this program. The objective of this session was to give the workshop participants background information on CEDOVIP and its role in ending impunity for DV.

5 3.0 OVERVIEW OF DOMESTIC VIOLENCE, HOPE TURYASINGURA This participatory session sought to establish how conversant the participants were with domestic violence. The term domestic violence was defined as; Domestic violence is a pattern of abuse of children, women and men. The abuse can be manifested as physical, sexual, economic and emotional. The acts constituting domestic violence can be omissions or actions. Common victims of domestic violence are women and children. 3.1 Classification of acts constituting domestic violence Sexual Violence Economic Violence Physical Violence Emotional Violence Rape defilement incest sexual coercion sodomy infidelity lack of decision making powers over family resources deprivation of property denial of the right to work eviction destruction of personal property battering beating punching choking slapping shoving kicking verbal abuse servitude threats accusation s humiliation isolation control and desertion insulting the modesty and integrity of a woman s body intimidation 3.2 Causes of Domestic Violence Causes of domestic violence can be categorised as underlying and immediate. The underlying or root cause form the basis, the immediate causes constitute the excuse and the acts of domestic violence are the symptoms. 3

6 Underlying cause is structural factors and processes that constitute root cause of domestic violence. This is the unequal power relations between men and women whereby violence is used as a tool to for men to use their power over women and thus oppress and subjugate women. Because of such factors women are regarded as children, weak-minded hence the need for men to control women through force or coercion to make them toe the line. Ignorance which reinforces the socio-cultural factors. People do not know what it means to be a man or woman and hence resort to use of violence to settle disputes and to assert their positions. Contributory causes are termed as immediate causes because they relate to those circumstances that trigger off a domestic violence incident. Contributory factors include the environment in which women and men are socialised, poverty, alcohol abuse, different religious and cultural backgrounds that are manipulated to oppress and suppress others. The owner of a dead body knows where it smells most religious leaders have information on challenges in the congregations and therefore are in position to address them 3.3 Challenges to Addressing Domestic Violence DV is socially tolerated as a normal and expected occurrence hence making it difficult to end. Statements such as beating a woman is a sign of love perpetuate the acceptance of DV as the normal wear and tear of marriage and relationships. Impunity due to lack of deterrent measures for perpetrators of the violence. Inadequate interventions to respond to the high incidences of DV. These are characterised by inadequate or lack of support services for victims and weak mechanisms to deter occurrence of DV. Gender insensitive Justice, Law and Order Sector actors. Gender issues are not apparent to majority of persons in the justice delivery agencies, to the detriment of women. In addition technical and support staff in justice delivery agencies have gender biases and stereotypes that invariably discriminate and marginalize women. The Jurisprudence of Equality Project is training judicial officers to strengthen their ability to appreciate gender biases and write gender sensitive judgements. Work is ongoing with the Police to enhance their capacity to assist survivors of domestic violence access justice. Gender insensitive reporting by the media which is characterised by sensationalizing incidences of domestic violence in addition to making women appear as culpable for the violence. Inadequate response of religious leaders to incidences of domestic violence within their congregations. At times religious institutions have been accused of reinforcing the unequal gender relations that are a primary cause of domestic violence as well as keeping silent about domestic violence. Cultural practices and patriarchal system that accord women a lower social status in relation to men make men have more power than women thus regarding women as property and hence approves of the use of force to keep them in line.

7 3.4 Recommendations on actions to be taken by religious institutions in addressing DV Religious institutions should take up their respective leadership role in prevention and addressing domestic violence within their congregations. This can be effected through provision of support services to abused women and children and eliciting the specific support mechanisms for perpetrators of domestic violence in putting an end to it Religious leaders should speak out against domestic violence at every opportunity with members of their congregation. Religious leaders can initiate and facilitate open discussions on domestic violence with the aim of advocating for ending it. The detailed presentation is attached as Annex III.

8 4.0 UNDERSTANDING THE DOMESTIC VIOLENCE ACT, 2010, UGANDA LAW REFORM COMMISSION, EDWARD KITONSA The presentation focused on the key features of the DVA, 2010 to create awareness on the major provisions of the Act as an initial step in enabling religious leaders take on a similar role within their congregations. The first part examined the definition of terminologies used in the Act, the second focused on institutions (including designated personnel) mandated with ensuring survivors of domestic violence access justice, while the third part dealt with the legal process of receiving and handling cases of domestic violence. The detailed presentation is attached as Annex IV. 4.1 Common terms used in the Act The terms included court, domestic relationship, domestic violence and how it is manifested, practitioner and Minister. Important to note is that the definitions of some of these terms are open ended so as to cater for future circumstances not foreseen at the time of drafting and subsequent enactment of the Act. Such terms include domestic relationship, types of domestic violence. 4.2 Institutions Charged with Addressing Domestic Violence These include magistrates courts, local council courts, police officers and medical practitioners.

9 4.3 Procedure of Obtaining Remedies in Matters of Domestic Violence Remedies usually issued by the Magistrates courts (also known as Family and Children s Courts) are protection orders. The protection order can be applied for by the victim or their representative. The format for the order is contained in the 3rd Schedule of the Act. It is important to note that both a civil and criminal approach can be adopted against the perpetrator. Applying for a protection order is a civil approach whose objective is to protect the family while prosecution of domestic violence as a criminal offence amounts to the criminal approach. An interim protection order is an indication of the urgency with which courts are required to deal with domestic violence. This order is usually given when the court is satisfied without having to call for evidence that the perpetrator has committed, is committing or is threatening to commit an act of violence and it is necessary to protect the victim from harm. 4.4 QUESTION AND ANSWER SESSION Reservations were expressed about the technical capacity of Local Council Courts to handle cases of rape and defilement It was clarified that the local council courts do not have jurisdiction to hear cases of rape and defilement. Regulations for implementation of the DVA will stipulate matters that can be handled by local council courts under the DVA. Rape and defilement are capital offences and should be referred to Magistrates Courts. Local council court proceedings are held in local languages and yet the DVA requires that proceedings under the Act are conducted in English. This anomaly will be addressed by the Regulations which may make exceptions for local council courts. Role of the IRCU in publicising the Act The presenter clarified that the law will not work in isolation hence the need to adopt a multifaceted approach that entails working with different stakeholders.

10 5.0 THE ROLE OF THE RELIGIOUS LEADERS IN POPULARISING THE DVA 2010, DIRECTOR, PEACE AND JUSTICE DEPARTMENT, KAMPALA ARCHDIOCESE, REV FR CYPRIAN MASEMBE Fr. Cyprian informed the participants about the role of the Catholic Church in addressing domestic violence. The Justice and Peace Department of the Kampala Archdiocese has through the church structures (from basic Christian communities to the archdiocese) been implementing a project on domestic violence. Under this project 3 days session is held for lay leaders, Catholic family heads, youth, Catholic Women s guild, chairman LC 3, Speaker LC3 (who comes with 2 councillors) on how to stem domestic violence within their communities. The magnitude of domestic violence was highlighted and how Judeo-Christian traditions contributed to perpetuating unequal gender relations to the detriment of women. He concluded his discussion by identifying the roles religious leaders can play in bringing domestic violence to an end. These are: Things to learn Appreciation of cultural norms and religious practices before embarking on advocating for gender equality. Only when the religious and cultural context is understood, can organisations develop programs that speak to the community. Approaching DV as an issue related to the well-being and quality of family life rather than as a women s rights issue. However care must be taken not to diminish the core message which is domestic violence is a violation of the human rights of women.

11 Need for courage, boldness and support when talking about domestic violence because often times it attracts labelling from the community. It is therefore important to develop a network of stakeholders with whom to rely on for support. Emphasize that culture and religion revere life. This requires re-examining cultural and religious practices that emphasise peaceful resolution of conflicts and protection of the human rights of both men and women. Make DV a problem of the society to engage as many people as possible in addressing DV. Securing funding which is long term because DV requires patience and resourcefulness. The Need to bring men on board as partners to effect change. Complement government s efforts to prevent and address DV through use of structures of religious institutions to provide support to survivors of DV QUESTIONS AND COMMENTS Criteria for selection of workshop participants given that only male religious leaders were in attendance and yet men are predominantly the perpetrators of DV The workshop sought to target religious leaders who are policy makers as well. It just so happened that all policy makers within the major religious denominations are men. Emphasis has been laid on women as victims of DV and yet children are equally affected. The violence children are subjected to is a consequence of violence between their parents. Hence the justification for focusing on the violence between spouses which is a root cause of the violence suffered by children. Once parents live in a peaceful co-existence then violence against children becomes almost non-existent. Further more there is alot already happening to address violence against children, there is a functional Law i.e Children s Act, Family and Children Courts predominantly handles issues of children, there is a policy against corporal punishment in schools and there are civil society organizations that address violence against children How to maintain the balance between faith and culture Cultural practices that are dehumanising should be identified and rooted out. Religious values that complement positive cultural attributes should then be incorporated into culture. Lack of focus on women as perpetrators of violence Generally women who are perpetrators of violence are often times victims of long and sustained periods of violence. The situation of these women is exacerbated by unequal application of the law whereby women are usually given the maximum sentences while their male counterparts get away with lighter sentences. The immediate concern therefore is to deal with violence against women. Nevertheless preventing violence against women is promoting respect, safety, dignity and love

12 WAY FORWARD This section focused on the roles of the religious institutions, IRCU and CEDOVIP in popularising the DVA and the role of IRCU in monitoring religious institutions. Each denomination was tasked to provide information on the following questions: Who should be invited to the popularisation of the DVA? How to involve the invitees above? What are the existing opportunities that can be utilised to popularise the DVA and how to build on them? What are the challenges associated with popularising the DVA and possible strategies of overcoming them? The responses are detailed in the table below. 10

13 GROUP WORK QUESTION CHURCH OF UGANDA Who should be invited to the popularisation of the DVA? Bishops Clergy Lay Leaders Leaders of Church organisations How can we involve them? Advocacy and lobbying at all levels Worship services Integrating DVA in the activity plans CATHOLIC CHURCH SEVENTH DAY ADVENTIST Clergy Lay leaders of Basic Christian Communities (Parishes, Deaneries & Zones) All church leaders at all levels Union officers & departments Field officers & departments Pastors Sensitisation on the Act Use of Church services Sensitisation seminars Dissemination of copies of the DVA Translate the DVA in local languages Put in place promotional Sabbaths UGANDA MUSLIM SUPREME COUNCIL Leaders at all levels General Assembly, Executive Committee, Members, College of Sheikhs, National Management Committees, District Kadhis (district councils) County Sheikhs (County committees) Mosque Imams Muslim Organisations women, youth & children Muslim institutions of learning BAHAI UGANDA ORTHODOX Institutions of the Faith - National Scripture Assembly, Bahai Committee for the Advancement of Women Regional Bahai Council and Local Scriptural Assembly Religious leaders at all levels Mother s Union Father s Union Youth Leaders Heads of Laity at Parish level Report made to the National Scriptural Assembly (NSA) upon which instructions can be given for popularisation of the DVA Finalise policy on DV Educating the stakeholders above on the provisions DVA Advocating for the DVA 11

14 QUESTION CHURCH OF UGANDA What are the opportunities and how to build on them? Through various sessions marriage preparation and counselling, festivals, etc Existence of church founded schools CATHOLIC CHURCH SEVENTH DAY ADVENTIST Existing church structures from the family to Archdiocese level Through various sessions marriage preparation and counselling, festivals, etc Smooth flow of information channels Congregations are in place Departments youth, women ministers, Adventist men & Family Life UGANDA MUSLIM SUPREME COUNCIL BAHAI UGANDA ORTHODOX Koran Congregation Prayers (including Juma) Wedding ceremonies Last funeral rites (Duwa) Mauledi Idd Prayers Month of Ramadan Radios & TV preaching Quran verses Utilising internationally recognised occasions like the women s day, 16 days of activism, human rights day and family day Church followers Will disseminate the information Church leadership 12

15 QUESTION CHURCH OF UGANDA What are the challenges and how can we overcome them? Cultural barriers can be tackled through sensitisation & education Language barriers can be dealt with through translation of the Act in local languages Limited funding to implement the project can be taken up through soliciting for more funding Mindset How can IRCU popularise the DVA? Use the pulpit Translation of the DV in local languages Use of media MDD, games and sports How will IRCU follow up on commitments by religious institutions? CATHOLIC CHURCH SEVENTH DAY ADVENTIST Addressing the cultural issues without distorting it Building genuine families on the basis of true love, peace and equality Inadequate resources Social acceptance of DV Inadequate finances can be taken up through resource mobilisation Biases, negative attitudes can be overcome through continuous education Multi-cultural congregations Make it a mainstream activity Workshops Develop an M&E system UGANDA MUSLIM SUPREME COUNCIL Financial resources Specialised manpower hence the need for training Misconception of Islam Effective supervision and M&E of the programs BAHAI UGANDA ORTHODOX Negative culture norms Using the creative word of God as stated in the Bahai writings Carry on with the children classes on moral values Insufficient resources can be addressed through resource mobilisation Balancing faith and culture Public events Through planned meetings with LCs I III Submitting reports and expecting IRCU to follow up issues raised 13

16 ROLE OF PARTNERS IN POPULARISING DVA ORGANISATION ACTIONS TO BE TAKEN TO POPULARISE DVA MECHANISMS FOR FOLLOWING UP RELIGIOUS INSTITUTIONS IRCU Simplify the DVA Disseminate the simplified DVA among the member institutions Capacity building of religious leaders in understanding the DVA Make monitoring visits Organise a follow up workshop in 6 months CEDOVIP Develop & share IEC materials Continue to raise awareness Hold govt accountable and demand protection Capaciwty development of Police, media & health workers to effectively handle DV Strengthen collaboration with religious institutions Continue to mobilise communities to prevent DV by engaging men, women & institutions Share the module that helps people to easily comprehend the DVA 14

17 CONCLUDING REMARKS, BOARD CHAIR, CEDOVIP, GEORGE OLINGA He accentuated the importance of religion in promoting order within society hence the need of involving religious institutions in preventing and responding to DV. The role of IRCU and CEDOVIP in bringing religious institutions on board was appreciated. He hoped that other civil society organisations would follow suit by partnering with religious institutions in implementing their programs. He also justified the need to focus on women given their role of being the first educators of children and the existence of international instruments such as CEDAW. Successes 1. Through the conference, Religious leaders joined hands to prevent domestic violence and committed to popularise the Domestic Violence Act 2010 in their everyday work and forum, A secular law that seeks to promote moral values of love, peace and harmony in the family unit, is in line with the religious teachings 2. CEDOVIP was recognised as a key CSO to partner with in the struggle to prevent domestic violence. Several Religious leaders requested CEDOVIP to support them in preventing domestic violence by sharing communication materials and in implementation of activities to prevent domestic violence. Challenges and lessons learnt 1. Many participants think that domestic violence is a women s issue as many didn t realise the rationale of institutionalising prevention of domestic violence. Some participants mentioned the need to work with women desks in the Religious institutions. There is need for CEDOVIP to continuously work with decision makers within the various Religious Institutions to make public statements about domestic violence and make institutional response to domestic violence rather than leave the matter to the women s desk alone. 2. Some participants tended to blame women for the violence they experience, for example some mentioned that women always say if they are not beaten then their spouses don t love them. There is need for CEDOVIP to work with different religious institutions to change such believes and attitudes that perpetuate domestic violence. The first point of entry is the days of Activism Campaign. 15

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