Domestic Violence In Uganda, Causes, Effects, solutions and protection orders. PDF

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This is a study of the general over view of domestic violence in Uganda, the legal position of it in Uganda, effects, causes, solutions and protection orders put by law...

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ISLAMIC UNIVERITY IN UGANDA, FEMALE CAMPUS KABOJJA COURSE WORK FAMILY LAW YEAR 2, SEMESTER 1, BY MR ASHRAF TOPIC; DOMESTIC VIOLENCE

GROUP 10 MEMBERS 1. 2. 3. 4. 5.

ATWIINE SABRINA KEMISA HAJARAH IBRAHIM NABUKENYA IRENE NANYANZI SHALUA NAKISOZI MARIAM 6. RUKUNDO NURIAT 7. TIPERU HOPE JIHAD

419-053011-03547 419-053011-03399 419-053011-03567 419-053011-03746 419-053011-03382 419-053011-03461

CONTENTS 1. 2. 3. 4. 5. 6. 7. 8.

Introduction Status quo of domestic violence in Uganda Definition and meaning Domestic relations Types of domestic violence Causes of domestic violence Solutions to the causes Control for domestic violence i. Prohibition ii. Consent not a defence iii. Proceeding in local council court iv. Duties of police officer v. Duties of a practitioner vi. Jurisdiction of magistrate courts vii. Application for protection order viii. Issue of interim order ix. Content of protection order x. Application or variation, revocation or discharge of orders xi. Issue of copies of orders xii. Enforcement of orders xiii. Jurisdiction of family and children court in relation to domestic violence

INTRODUCTION When one hears about domestic violence, it seem to be brutality and beatings; But did you know that domestic violence involves psychological, emotional and economic violence. Though most definitions of Domestic violence calls it spousal abuse that occurs when one person in an intimate relationship or marriage tries to dominate and control the other person, this is not always the case. Children and people who are not related to one another also face domestic violence. The sad part of it is that the vice is always overlooked, excused, or denied. This is especially true when the abuse is psychological, emotional and economical rather than physical. Traditionally, domestic violence (DV) was mostly associated with physical violence. For instance, according to the Merriam-Webster dictionary definition, domestic violence is: "the inflicting of physical injury by one family or household member on another; also: a repeated / habitual pattern of such behaviour." In 1993, The United Nations Declaration on the Elimination of Violence against Women identified domestic violence as one of three contexts in which violence against women occurs.1 In Africa most Physical abuse was seen as the man’s responsibility over his wife and children. This often resulted into injuries on victims, sometimes miscarriages as well or death at delivery. As the world developed Physical assault or battering became a crime, whether it occurred inside or outside of the family. The Ugandan Domestic Violence Act2 puts in place stringent protections against domestic violence. It defines domestic violence broadly to include physical, sexual, emotional, verbal, psychological, and economic abuse of a victim or anyone related to him/her. Domestic violence Act explains further that harassing, harming, injuring or endangering the victim or anyone related to the victim for the purpose of coercing them into complying with "any unlawful demand for any property or valuable security" are also considered domestic violence. In addition Ugandan constitution3 talks about Human rights are inherent no one should be subjected to cruel or discrimination based on gender, sex, age and religious belonging among others. It also emphasizes that every person is equal before the law. The fact however remains Domestic Violence victims are out there silent. An example, is Statistics, report that close to 70% of "ever-married women aged 15 to 49 had experienced some form of violence" at the hands of their partner.4 In Africa Domestic violence originated from, dowry-related violence, marital rape, female genital mutilation and other traditional practices harmful to women. In recent years "Child maltreatment, sometimes referred to as child abuse and neglect, has become a common phenomenon. It included physical and emotional ill-treatment, sexual abuse, neglect, and exploitation, child sacrifice that results in actual death potential harm to the child’s health, There is also elderly abuse.

1 Resolution 48/104 of 20 December 1993 2 No 17 of2010. 3 The Constitution of Uganda 1995 chapter 4. 4 Uganda Bureau of statistics 2013

World Health Organization (WHO) states that globally, about 38% of murders of women are committed by an intimate partner. In 2011, the National Crime Records Bureau reported 8,618 dowry deaths in India, but unofficial figures currently estimate that there are at least three times more dowry deaths that previously thought. In 2013, it was reported in news that there was 2,461 victims and 1,339 cases of domestic violence reported by April 2013 in Uganda.5 Also the deputy IGP Mr. Ochola reported that there were 9,278 victims and 2,793 cases of domestic violence in 2012. Ochola added that they planned to elevate the Child and Family Protection department of the police to a directorate to handle the rising cases decisively. So, in simple terms Domestic Violence refers to any and all Violence that occurs between members of the same household or family. This also implies boyfriend or girlfriend abuse, aggressive, and hostile behaviour between members of a family that results into injury, harm and humiliation and sometimes death6 The status quo of domestic violence in Uganda Domestic violence is most common in northern Uganda, where it is reported to have occurred in 78% of homes, most women and children donor report case of domestic violence to authorities.7 More still in 2017 gender - based violence cases that were reported and investigated increased by 4% between 2015 and 2016.8 Violence against women is on the increase in Uganda despite of the presence of laws and policies to protect victims and survivors. In 2016 a survey revealed that up to 22% of children and women aged 15 to 49 in the country had experienced some form of sexual violence.9 Despite of the increase number of domestic violence cases, Uganda as a country has reached some success to decrease the number of victims and causes that led to domestic violence, 1. Last year the government launched a National Gender Based Violence (GBS) Policy, specifying the roles each sector is supposed to play to ensure the prevention of and response to violence against women, Assistant commissioner Kyomukama also says the government's National Development plan have included comprehensive frame works to address domestic violence cases.

2. In abid to address poverty, which usually plays a factor in violence against women and children, the government last year launched the Uganda Women's Entrepreneurship Program (UWEP) to improve women's access to financial services and equip them with entrepreneurial skills. Like we stated earlier, in Uganda the legislation that deals with Domestic Violence is the domestic Violence Act, 2010. Domestic Violence Legal Definition 5 The new Vision of June 18, 2013. 6 The Chambers world find (1995) 7 2006 Uganda Reform Commission study 8 Uganda police force’s annual crime report. 9 The 2016 Uganda Demographic and Health Survey

Domestic Violence Act, 201010 defines domestic Violence as Domestic Violence consists any Act or Omission of a perpetrator a) Harms, injures or endangers the health, safety line limb or well being whether mental or physical od the victim or tends to do so and includes causing physical abuse, sexual abuse, emotional verbal and Psychological abuse and economic abuse. b) Harasses, harms, injures, or endangers the victim with a view to coercing him or her or any other person related to him or her to meet any unlawful demand for any property or valuable security. c) Has the effect of threatening the victim or any person related to the victim by any conduct mentioned in paragraph a, b or d) Otherwise injures or causes harm whether physical or mental to the victims. DOMESTIC RELATIONS Generally a domestic relationship is an interpersonal relationship between two individuals who live together and share a common domestic life but are not necessarily married. People in domestic relationships receive benefits that guarantee right of survivorship, hospital visitation and others. The Domestic Violence Act, 201011 stipulates that “A domestic relationship means a family relationship, a relationship similar to a family relationship or a relationship in a family setting that exists or existed between a victim and a perpetrator and includes a relationship where; a) The victim is or has been married to the perpetrator b) The perpetrator and the victim are family members rated by consanguinity, affinity or Kinship. c) The perpetrator and the victim share or shared the same residence. d) The victim is employed by the perpetrator as a domestic worker or house servant and the victim does or doesn’t reside with the perpetrator or e) The victim is an employer of the perpetrator and does or doesn’t stay with the perpetrator or f) The victim is or was in a relationship determined by the law to be a domestic relationship. The Act12 goes ahead to give grounds court shall in making determination of domestic relationship under section (1) (f) when the victim is or was determined by law to be a domestic relationship in regard to, a) b) c) d) e)

The legal nature of the relationship The amount of time the persons stay together The place where the time is ordinarily spent and The manner in which that time is spent and Other than in the case of paragraph (a) the duration of the relationship.

In the case of Indra Jarman V K.V Sarma 13 the supreme court further stated that the word domestic violence means a relationship that has some inherent or essential characteristics of a marriage though not a marriage that is legally recognized. 10 S2 of DVA 2010 11 section 3(1) 12 Section 3(2) 13 (2013) 15 SCC 755

TYPES OF DOMESTIC VIOLENCE These are well detailed in the Domestic Violence Act 201014. It should be noted that domestic violence strikes couples of all races, religions, social economic status, and sexual orientations. Economic abuse; a) Deprivation of all or any economic or financial resources to which the victim is entitled under any law or custom, whether payable under an order of a court or otherwise or which the victim requires out of necessity including; but not limited to; I)

Household necessities for the victim and his or her children; if any

II)

Property, jointly or separately owned by the victim, or

III)

Payment of rent related to the shared household and maintenance.

It’s common when partners have a joint account with one partner controlling it. The victim is completely dependent on their partner for money. Psychological abuse; It means a pattern of degrading or humiliating conduct towards a victim, including but not limited to a) Repeated insults, ridicule or name calling; b) Repeated threats to cause emotional pain c) Repeated exhibition of possessiveness or jealousy which is such as to constitute a serious invasion of the victim’s privacy, liberty, integrity or security. It involves emotional blackmail for doing something. For example jilted lovers expose nude pictures of their ex-girlfriends on social media platforms i.e. “revenge porn” i.e. the case of Mrs. Desire Luzinda. Emotional abuse is so much worse than physical abuse. Harass; This means engaging in a pattern of conduct that includes fear of harm, annoyance and aggravation with the intention of inducing fear in a person including; a) Watching repeatedly or loitering outside of or near the building where the victim resides, works, carries on business or happens to be. Physical abuse; Means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or which impairs the health or development of the victim, and includes assault, criminal intimidation and criminal force. It’s the most recognized form of domestic violence. The injury doesn’t need to be a major one to amount to domestic violence. 14 Section 2

Sexual abuse; Includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of another person. If one is coerced into not using contraception or having an abortion, then one may have been actually sexually abused. (Reproductive coercion). Case study; UGANDA V BONGOMIN15 On 21st/10/2010 at Kirombe, Zone A, Butabika Parish Nakawa Division, the accused engaged in a serious fight with the deceased, Awachi Doreen for several hours. And that further on 27th/10/2010, the accused again fought the deceased seriously causing her serious injuries. On 28th/10/2010, the deceased was taken to a nearby clinic and then referred to Mulago hospital where she consequently died on 30th/10/2010. Held; the accused was found guilty of murder and was convicted contrary to Section 188 of the Penal Code Act CAP 120 and was therefore sentenced to 30 years imprisonment

CAUSES OF DOMESTIC VIOLENCE Marital infidelity Lack of mutual trust Dispute over property Poor communication Lack of sexual satisfaction Alcohol or drugs abuse Character or personality Relatives and friends. CONTROL OF DOMESTIC VIOLENCE Domestic Violence Act 201016 provides for the prohibition of domestic violence. The Act17 states that a person in a domestic relationship shall not engage in domestic violence. More to that, it18 states that a person in a domestic relationship who engages in domestic violence commits an offence and is liable on conviction to a fine not exceeding forty eight currency points or imprisonment not exceeding two years or both. 15 2014 UGHCCRD 16 Section 4. 17 Section 4(1) 18 Section 4 (2)

The court under in addition to a fine or imprisonment orders the offenders in a case of domestic violence to pay compensation to the victim of an amount determined by court.19 Basing on the Domestic Violence Act 2010,20 consent is not a defense in domestic violence. The consent of the victim shall not be a defense to a charge of domestic violence under this Act. Domestic violence can be handled in three different types of courts. Civil court where one might address violation of a protection order or sue for money damages (possible civil lawsuits include sexual harassment, personal injury) Strategies to promote healthy, respectful, and non-violent relationships are an important part of prevention. Programs that teach

young people healthy relationship skills such as communication, effectively managing feelings and problem solving can prevent violence. Effective community education. Follow up on offenders and have them charged in court. Put in place effective laws and equip law enforcement organs with modern technology and skills to handle these cases PROCEEDINGS IN LOCAL COUNCIL COURTS21 The Local Council Courts and police have jurisdiction to resolve some minor contraventions of domestic violence. This is provided for under S (6)1…..,of the Domestic Violence Act 2010.Which states that (1).A complaint of domestic violence may be made to a local council court where the victim or perpetrator resides. (2).Upon receipt of a complaint the court shall make a record of the complaint and proceed to hear the matter in the manner prescribed under the local council courts Act, 2006. (3).In recording a case of domestic violence, the local council court shall record the following matters, a) the name, sex, age, tribe, religion and disability if any and the occupation and marital status of both the victim perpetrator. b)The name, sex, age, tribe, religion and disability if any and the occupation of the victims representative if any, and the capacity in which the complaint is made. c)The usual place of residence of the victim and the perpetrator. 19 Section 4(3) 20 Section 5 21 Section 6

d) The names, sex, and ages of the children of the victim and the perpetrator. e)The nature of the alleged domestic violence. F0The date or time frame of the alleged domestic violence. g) Whether it is the first time of reporting by the victim or his or her representative,or how many times the matter has been previously reported and; h) Any attempts to settle the matter out of court. (4).The details regarding the manner of hearing cases of domestic violence by local council court shall be prescribed by regulations made under this Act (5).A local council court may, in the exercise of its jurisdiction under this section make any of the following orders for the victim or against the perpetrator a) Caution b) Apology to the victim c) Counselling d) Community service e) A fine not exceeding twenty five currency points f) Compensation Reconciliation g) Declaration h) restitution (6). the local council court shall make a written referral to the police and the magistrates court where; a) The perpetrator is a second or repeat offender. b) In the opinion of the court, taking into account all the circumstances of the case; the perpetrator is likely to inflict further harm on the victim and c) In the opinion of the court, the degree and nature of the violence warrants the involvement of the police and the court. (7).In all complaints of domestic violence, the local council court shall inquire into and establish whether there are children involved in the domestic relationship. 8).Where it is established that there is a child in the domestic relationship in respect of which a complaint is made, the local council court shall make a written order to the probation and social welfare officer to make an inquiry and take any necessary action regarding the welfare of child in accordance with the provision of the children Act. 9).Where a member of the local council court or the executive committee of a local government council has reason to believe that there is an act of domestic violence within his or her jurisdiction and a complaint has not been lodged by any person, the member shall notify the probation and social welfare officer, requesting him or her to make inquiries and take further action.

10)The local council court shall treat all cases of domestic violence as matters of urgency and shall hear the cases as seen as possible and in any case, not later than forty eight hours after the filing of the complaint. 11) Any victim or perpetrator who is not satisfied with the decision of the local council court may appeal against the decision in the manner provided for under part x of the Local council courts Act 2006.

DUTIES OF POLICE OFFICERS.22 These are provided for under S(7)1……, of the Domestic Violence Act 2010 which states that; (1) A complaint may be made to a police officer. (2) A police officer to whom a complaint of domestic is made or who investigate the complaint shall… a) Assist the victim, including giving assistance or advice in obtaining shelter. b) Where signs of physical or sexual abuse are evident ensure that the victim undergoes a medical examination treatment. C )Advise the victim of the right to apply for relief under this Act and the right to lodge a criminal complaint and. d) Offer procedural guidance and any assistance as may be necessary to ensure the wellbeing of the victim, the victims representative on the nature of the domestic violence. DUTIES OF PRACTITIONER23 These are provided for under the Domestic Violence Act 2010 which states that, A Practitioner who reasonably suspects that a person under his or her care is a victim of domestic violence shall assist the victim in the following manner. a) Offer the requisite medical assistance to the victim. b) Accurately document the visit of the victim. c) Inform the victim of options available within the judicial system to the victim. d) Make himself or herself available to testify in court regarding the case where necessary. DUTIES OF A PRACTITIONER A practitioner means a person registered under section 21 of the Medical and Dental Practitioners Act to practice medicine, surgery, or dentistry and includes a clinical officer24. Any person who qualifies to be registered as a medical or dental practitioner may apply to the council for registrations, and the council, if satisfied that the applicant is eligible for registration, shall authorize the registrar to enter his or her name on the register. An application for ...