A/66/44
(d)
To strengthen awareness-raising and educational efforts on violence
against women and girls for officials in direct contact with the victims (law
enforcement officers, judges, social workers, etc.), as well as for the public at large;
(e)
To enact legislation criminalizing marital rape.
The Committee requests the State party to provide in its next periodic report statistics
on the number of complaints of violence against women, including rape, as well as
information on investigations, prosecutions and convictions in such cases.
Harmful traditional practices
(23) The Committee takes note of the positive actions of the Government in criminalizing
harmful traditional practices, such as female genital mutilation and trokosi (ritual or
customary slavery). It also notes the 25 per cent decrease in the number of reported cases of
female genital mutilation between 1999 and 2010, although there were still a total of
123,000 reported cases during that period. The Committee remains concerned at the clear
incompatibility between certain aspects of Ghana’s customary law and traditional practices
and the respect for fundamental rights and liberties, including the prohibition of torture and
cruel, inhuman or degrading treatment or punishment. In this regard, the Committee is
concerned at reports that some women have been accused of practicing witchcraft, and
subjected to severe violence, including mob violence, burning and lynching, and forced to
leave their communities. Many such women have been sent to so-called “witch camps”
through a system that lacks minimal due legal process, and from which the possibility of
returning to society is uncertain. The Committee also expresses concern about reports of
cases of violence against widows who are often deprived of their inheritance and, in some
cases, subjected to humiliating and abusive widowhood rites. The Committee regrets the
lack of information on prosecutions and sentences imposed on perpetrators of such acts, as
well as on assistance and compensation to the victims. It also regrets the lack of
information on the steps taken to ensure that customary law in Ghana is not incompatible
with the State party’s obligations under the Convention (arts. 2 and 16).
The State party should:
(a)
Strengthen its efforts to prevent and combat harmful traditional
practices, including female genital mutilation, in particular in rural areas, and ensure
that such acts are investigated and that the alleged perpetrators are prosecuted and
convicted;
(b)
Provide victims with legal, medical, psychological and rehabilitative
services, as well as compensation, and create adequate conditions for them to report
complaints without fear of reprisal;
(c)
Provide training to judges, prosecutors, law enforcement officials and
community leaders on the strict application of the relevant legislation criminalizing
harmful traditional practices, and other forms of violence against women.
In general, the State party should ensure that its customary law and practices are
compatible with its human rights obligations, especially under the Convention. The
State party should also provide information on the hierarchy between customary and
domestic law, especially with regard to forms of discrimination against women.
The Committee further requests the State party to provide, in its next periodic report,
detailed information and updated statistical data on complaints, investigations,
prosecutions, convictions and sentences imposed on perpetrators of criminal conduct
related to harmful traditional practices, including murder, as well as on assistance
and compensation provided to victims.
GE.11-45568
89
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents