Research consultancy
THE RESPONSIVENESS OF THE LAWS AGAINST DOMESTIC VIOLENCE DURING THE COVID-19 PANDEMIC
ACASE STUDY OF GULU DISTRICT
LIST OF ABBREVIATIONS
COVID-19 Corona Virus 2019
ACHPR African Charter on Human and Peoples’ Rights
CEDAW Convention on the Elimination of all forms of Discrimination against Women
ACRW African Charter on the Rights and Welfare of the Child
PCA PENAL CODE Act
WHO World Health Organisation
UNHR Uganda Human Rights Organisation
MCA Magistrate Court Act
DEVAW Declaration on the elimination of violence against women
HIV/AIDS Human immune Virus/ Acquired deficiency syndrome
ICCPR International covenant on civil and political rights
ICESCR International covenant on economic and cultural rights
CSO Civil Society Organisations
LCC Local Council Courts
LC Local Council
UN United Nations
UDHR Universal declaration of human rights
VAW Violence against Women
AU African Union
TB Tuberculosis
ESR Economic Social Rights
ABSTRACT
Domestic violence which may be referred to family violence is disastrous habit in families and communities. Globally domestic violence is a big challenge among married partners and the cases normally tend increase in developing countries. This became worse during the COVID-19 pandemic where most governments imposed lockdowns to curb the spread of the Virus.
This study presents evidence on how the existing laws against domestic violence have not helped to address the challenge of domestic violence during the COVID-19 pandemic. The study presents possible recommendations which should be employed to address domestic violence such as; the government should ensure and develop legal frameworks that are gender responsive to protect women’s rights, Women should be empowered economically to prevent dependence on their husbands this can be achieved through building capacity on financial management, building entrepreneurial and digital skills.
CHAPTER ONE
INTRODUCTION
1.0 Introduction
Chapter one of this study explores the historical background of COVID-19 and background to domestic violence, the statement of the problem, objectives of this study, research questions. This study focuses on the problem of domestic violence during the COVID-19 lockdown. It is investigations whether the laws against domestic violence are responsive to handle the challenge of Domestic violence during the lockdown.
The study further uncovers barriers to reporting cases of domestic violence and seeks to find out whether the law addressing domestic violence in Uganda is in compliance with the international human rights instruments, the study seeks to provide recommendations in case the existing laws in case they are not responsive to address the challenge of domestic violence during the lockdown.
1.1 Background of the study
Coronavirus disease is defined as illness caused by novel coronavirus called severe acute respiratory syndrome, which was first identified amid an outbreak of respiratory syndrome virus cases in Wuhan city, Hubei province. The world health organization on 30th January 2020 declared COVID-19 as global health emergency and subsequently declared the COVID-19 outbreak as a global pandemic on March 11 2020.[1]
On 18th March 2020 the president of Uganda H.E Yoweri Kaguta Museveni declared initially two weeks of lockdown but however this lockdown has since been extended. On March 21, 2020, and this involved implementing one of the strictest lockdowns in sub-Saharan Africa[2], some of the measures that Uganda took was the implementation of curfew, banning both private and public transport, banning social gatherings, physical distancing[3], Uganda confirmed the first COVID-19 case and the number of cases has since then increased. [4]
Domestic violence is a universal reality existing in all societies regardless of income, class and culture. An estimated one in three women worldwide has been beaten, coerced into sex, or otherwise abused in her lifetime. Violence against women is a pervasive social problem and serious public health issue. Globally, 35 per cent of women have ever experienced physical and/or sexual intimate partner violence, or sexual violence by a non-partner[5]. This has since worsened due to the imposition of a lockdown in Uganda due to economic stress, emotional stress, widespread job loss, destruction of normal activities.
Uganda, like many other countries across the globe imposed a strict lockdown at the height of corona virus and the initial stages of the virus; this purely was a health precaution. However, the lockdown period created a sharp and horrifying increase in the cases of domestic violence across Uganda given the prevailing and fertile ground for this inhuman act this is due to the fact that many people were unemployed that caused financial distress, hunger.
Domestic violence has been gaining increasing global attention, especially in relation to its association with adverse demographic and health outcomes[6]. The far-reaching social, economic, and health impacts of Domestic violence on individuals and communities have been documented by researchers globally, emphasizing the importance of understanding this multifaceted phenomenon and its associated patterns, causes, and outcomes[7]. Global estimates suggest approximately one-third of women have been raped or assaulted by an intimate partner in their lifetimes
COVID-19 seems to be similar to the pandemics in the past since this too has resulted in an increase in cases of domestic violence, The lockdown imposed to deal with COVID-19 has granted greater freedom to abusers with several media reports indicate a surge in cases of domestic violence in various countries[8].A drop was observed in the overall crime rates in Australia, the domestic abuse rates increased by 5%. Some charities in Australia also raised concerns about COVID-19 misinformation being used by the offenders to further control and abuse the victims of domestic violence[9].
1.2 Problem statement
In Uganda Women in Northern, Eastern and Western Uganda were also more likely to experience domestic violence compared to those in Central Uganda[10], Similarly according to Walakira and Ddumba domestic violence has its highest prevalence in northern Uganda[11]. During lockdown, domestic violence has been on the sharp rise ever than before COVID-19 lockdown since the abusers were all at home with the victim and this therefore increased the scale of the problem. Despite considerable number of Government policy frameworks such as the Constitution of the Republic, Succession Act, Children’s Act, Marriage Act, Divorce Act.
Domestic Violence Act was passed by parliament on11 November 2009 to help strengthen legal interventions for survivors of domestic violence. The 2016 Uganda Demographic and Health Survey revealed that up to 22% of women aged 15 to 49 in the country had experienced some form of sexual violence. The report also revealed that annually, 13% of women aged 15 to 49 reports experiencing sexual violence; this translates to more than 1 million women exposed to sexual violence every year in Uganda thus revealing that the cases of domestic violence are still high. [12]It’s against this background that this study intends to investigate into the responsiveness of the laws against domestic violence during the COVID-19 pandemic, a case study of Gulu district.
1.3 Purpose of the study
The study seeks to establish the responsiveness of the laws against domestic violence during the COVID-19 pandemic a case study of Gulu district and provide alternative recommendations to address the challenge of domestic violence
1.4 Objective of the research
1.4.1 Specific objective
To examine whether the different laws against domestic violence are responsive to address the act of domestic violence during the COVID-19
1.4.2 General Objectives of the study
- To investigate the causes and impacts of domestic violence
- To investigate the forms of domestic violence.
- To examine the different domestic legislation that governs the right of access to justice and how that legislation is being enforced against domestic violence.
1.5 Research questions
- What are the causes and impacts of domestic violence?
- Whether or not there are any recommendations that can improve on the implementation of the right of access to justice ion Uganda?
- What has the government done to implement the right of access to justice by domestic violence victims in Uganda?
- Whether the existing laws are responsive to address the challenges of domestic violence?
1.6 Significance of the study
The study will enable future scholars have information regarding the various forms of domestic violence.
The study will also enable scholars have information on the causes and impacts of domestic violence during COVID-19 pandemic.
The academicians will also be in position to get literature on the different laws on domestic violence and possible reforms to be recommend in addressing the challenges of domestic violence.
1.7 Justification of the study
The study will help policy makers to develop comprehensive laws and policies towards a complete control, and limitation of domestic violence
1.8 Theoretical framework
The research adopts a legal theoretical framework. The purpose of this approach is to premise the research study on the international, regional and domestic law
1.9 Scope of the study
This study examines the challenges of domestic violence during the region of Gulu District during the COVID-19 lockdown.
1.10 Hypothesis
The study assumes that there is an increase in number of domestic violence during COVID-19 lockdown in Gulu. Thus this study assumes an increase in prevalence of domestic violence during the COVID-19 lockdown.
1.11 Definition of terms
Violence is defined as a use of physical force or power, threatened or actual, against oneself, another person, or against a group or community that either results into high likelihoods resulting in injury, death, psychological harm or deprivation[13].
Domestic violence is defined as the range of sexually, psychological, and physical coercive acts used against adults and adolescent by current or former male intimate[14], however this study finds this definition narrower. The domestic violence Act 2010 defines domestic violence as means any act or omission of a perpetrator which
- Harms, injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the victim or tends to do so and includes causing physical abuse, sexual abuse, emotional, verbal and psychological abuse and economic abuse.
- Harasses harms, injures or endangers the victims 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.
- Has the effect of threatening the victim or any person related to the victim by any conduct mentioned in paragraph
- Otherwise injures or causes harm, whether physical or mental to the victim.[15]
Lockdown is defined as an official order to control the movement of people or vehicles because of a dangerous situation[16].
COVID-19 is defined as an illness caused by a novel coronavirus now severe acute respiratory syndrome coronavirus[17].
Gender is defined as the roles, behaviors, activities, and attributes that a given society at a time considers appropriate for men and women. This generally refers to the social constriction of the roles of men and women have in the society.
Gender Equality means the equal enjoyment of opportunities and outcomes including resources by both women and men
Gender Equity means the just and fair distribution of benefits, rewards and opportunities between women, men, girls and boys.
State party means a member state to a convention or a protocol
A pandemic is defined to mean a disease that spreads over the whole country or the whole world[18]
1.12 Methodology
The study was explanatory in nature and employed qualitative and doctrinal methods of research. The research was hugely library based. Doctrinal or Library method is generally important to generate views, perceptions, and opinion on subject matter. The data was collected by the way of reading various publications and different legislation in Uganda. To a small extend some qualitative data obtained was collected, Thus the collected data was analyzed based on its significance to the study.
[1] 7Human Rights Watch, 2020, what is Human Rights Watch doing? Follow our reporting on the impacts of COVID-19 at: https://www.hrw.org/tag/coronavirus.
[2] Development initiatives, socioeconomic impact of COVOD-19 in Uganda, August 2020.
[3] International Growth Centre (IGC). The shadow pandemic: Gender-based violence and COVID-19, from: https://www.theigc.org/blog accessed on 1st January 2022
[4] Dr Julius Omona, COVID-19 and Domestic violence in Uganda, Tuesday, May 26th , 2020
[5] Cavanaugh et al, 2012
[6] National Research Council, 2015
[7] Zhang, Hoddenbagh, McDonald, & Scrim, Global Rapid Gender Analysis for COVID-19, 2021, page 12
[8] Bradbury, & Isham, (2020)
[9] Usher, Bhullar, Durkin, Gyamfi, N & Jackson, (2020)
[10] Derrick Gubi, Correlates of intimate partner violence among married women in Uganda: a cross-sectional survey
[11] Walakira and Ddumba, save the children, 2012
[12] Women of Uganda Network (WOUGNET) Submission on domestic violence in the context of COVID-19 to UN Special Rapporteur on Violence Against Women, page 2
[13] Gro Harlem, World report on violence and health, WHO publishing library, 2002, page 13
[14] Lutalo Tom, Domestic violence in rural Uganda: evidence from a community-based study,
[15] Section 2 of domestic violence Act
[16] Oxford advanced learners dictionary, 8th edition, page 875,
[17] David J Cennimo, What is COVID-19, 2020, page 2
[18] Ofxord Advanced Learners dictionary, 8th edition , page 1061
