Domestic Violence as a Repugnant Act in The Society Sierra Leone as The Bone Of Contention

International Journal of Engineering, Management & Sciences (IJEMS) ISSN-2348 –3733, Volume-2, Issue-6, June 2015

Domestic Violence as a Repugnant Act in The Society Sierra Leone as The Bone Of Contention Aphu Elvis Selase  Abstract— Domestic Violence, as it sounds, is not an individual issue but a collective responsibility. This, as a matter of fact, boils down to the globe and thereby making it a universal canker. This is perceived as a departure from the societal norms since it is an unhealthy act where every society frowns upon it.

But it is just a pity to realize that, this uncouth behavior is more rampant in Sierra Leone and ought to be eschewed so as for peace and tranquility to climb the platform of the day.

Sierra Leone’s transition has witnessed a number of landmark procedural and legal innovations which have had widespread implications for international gender justice. The 11-year conflict had shattered the country, leaving more than a million people displaced and thousands of women coping with the aftermath of sexual cum domestic violence.

Domestic violence became pervasive with high negative impact on the social, physical, emotional and psychological wellbeing of women and girls in Sierra Leone. The high rate of this societal malaise is as a result of weak existing laws, the high placed patriarchal setting cum the unwillingness to report such cases due to the stigma associated and the lack of confidence in the law enforcement agencies.

Index Terms— Domestic Violence, Repugnant, Society, Sierra Leone, Bone of Contention.

I. INTRODUCTION Bluntly, it is just disheartening to realize that, almost every day; Sierra Leone’s daily newspapers carry another gruesome story of domestic violence, often involving young girls, minors, and even babies. Most of the cases go unpunished by law. This is often because the cases are not managed in a manner that allows for successful prosecution. Case preparation involves a number of stages report by the victim to apeaceofficer; taking of statements; investigation; evidence gathering; preferring accurate charges which do not always proceed as they should.

Where cases are inadequately prepared for trial, the alleged perpetrator cannot be convicted. Cases of domestic violence are criminal ones which require a higher standard of proof, beyond reasonable doubt. If, because of the way the case has been managed, the prosecution cannot demonstrate the guilt of the accused beyond reasonable doubt, the case is thrown out of court. Persons who should have been convicted are acquitted.

In the view of the lay public, this amounts to “legalize d impunity”. It undermines confidence in the criminal justice system, creating the dangerous perception that justice is not Manuscript received June 12, 2015.

Aphu Elvis Selase, School of Public Administration, China University of Geosciences, Wuhan, China.

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accessible to all. In a post-conflict society like Sierra Leone, the system cannot afford this perception to persist for long lest people resort to self-help, with violence ensuing. The TRC report of 2004 reminds us that peace is elusive where a majority of the population perceive the justice system to be inaccessible.

In support of the peace consolidation project, key national stakeholders such as JSDP, World Bank, IRC, and UN agencies are supporting several interventions in the justice sector. The UNDP Improving Access to Justice Project compliments their good work. These interventions are informed by the national priorities and vision contained in the Justice Sector Reform Strategy and Investment Plan, thus a global strategy, and the UN Joint Vision.

All these strategies share the same concern: the urgent need to prevent and prosecute DV as a human rights and human development imperative. The establishment of the Family Support Union (FSU) was an important strategic response to this problem.

More so, the research conducted by the Foundation For Human Rights Initiatives in Uganda revealed that, out of every 10 women in the country, 8 are battered by their husbands but do not report cases of assault to the police. In most circumstances, the police tend to be indifferent to the plight of victims of DV. Legal reform in many parts of Africa have been painfully slow with some arguing that domestic violence is already covered under penal codes.

Furtherance, the major societal and health canker affecting Sierra Leone is this same domestic violence. As with other forms of violence, the results affect not only those directly involved but extends to the society at large. Long term strategies to tackle the problem aim to eliminate social attitudes condoning DV as well as to urge public involvement and zero tolerance to such instances.

II. LITERATURE REVIEW There is no denying of the naked fact that, domestic violence is a universal canker and debating on it will be a complete farrago of sheer waste of time because it is undisputable.

Series of theories have been propagated as the problem of domestic violence. Interestingly, no single approach appears in covering all cases as with many phenomena regarding human experience.

(Haugen Wilson, 2005). ‘’The growing pains of women’’ This article is made up of eleven chapters with 12 case studies

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Domestic Violence as a Repugnant Act in the Society. Sierra Leone as the Bone of contention

on the various inhumane treatments of women meted against them by their spouses or relatives within the Manor River Basin countries. He describe the sufferings as silence since they are not openly reported to the national law enforcers and since there is no robust laws established to protect and promote such rights of women.

Heugen agrees that, very little is known about the actual number of men who are in a domestic relationship in which they are abused or treated violently their female partners.

According to him, few incidences are reported to police and so data is limited. Heugen believes that, there are many reasons why there isn’t more information about domestic abuse and violence against men. A major reason according to him is the reluctance of men to report incidence to the police, unless they sustain substantial injuries. He holds that, data indicate that although mutual violence behavior is quiet common in intimate relationship, men are rarely seriously harmed.

(Johnson,1995). ‘’The Pervasiveness of Domestic Violence’’ It was actually a comprehensive exposure on the nature and dynamics of DV in the global system. It analyses actors and state responses to this societal malaise in various countries.

The text constitutes eight chapters, with two parts each explaining the levels of DV between the Western World and Africa, with an attempt at mitigating the trend.

Johnson argues that, DV occurs in all cultures, people of all races, ethnicities, religions and all classes can be perpetrators of DV. He also said that, DV is perpetuated by, and on both men and women and that it occurs in same-sex and opposite-sex relationships. Estimates are that only about a third of cases of DV are equally reported in the US and the UK. In other places with less attention and less support, reported cases will be still lower.

(Tjaden&Phoennes, 2000). ‘’Report on Global DV 2000’’. ‘’Report on Global DV 2000’’ This was a report through the handy work of the consultants for the World Health Organization on the global statistics for reported cases of DV. Tjaden&Phonnes highlighted that the available data indicates that; 3.2m men experience ‘’minor’’ abuse (Such as pushing, grabbing, slapping and hitting) per year. In the United States, approximately 800, 000 men per year (3.2%) are raped or physically assaulted by their partners. At last 371, 000 men are stalked annually. 3% of non-fatal violence against men stems from DV. In 2002, men comprised 25% of DV homicide victims. For over 20 years, the instances of homicides from DV against men increased by approximately by 67%. 22% of the men approximately experienced physical, sexual or psychologically intimate partner violence during their lives.

(Duke Love, 2005). ‘’Women’s Aid Federation Northern Ireland’’. This work explains the various shades of women and other feminists’ opinion on the causal effects of DV. Duke in this book, Women’s Aid Federation Northern Ireland, all DV relates to men’s capacity for and their need devalue women. If we can stop a man from devaluing his partner, he will stop abusing her. Devaluation is define as

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seeing someone in negative ways as not being attractive, as being vicious, dangerous, threatening, ugly, boring, useless and bad. This analysis brings males violence against women back within the general domain of male violence itself. The extent to which the process of dehumanization the reduction of the other person to a thing that is nothing, to a valueless nothing, a disposable nothing as being analyzed and explored by a legion of respected students of violence.

(Lundy Bankroft& Dr. Susan Weitzman). ‘’Not to People Like Us; Hidden Abuse in Upscale Marriage’’ This book of the authors which constitutes nine chapters and 81 pages lucidly exposes the differences in the levels of societal responses or prosecutions between the poor and affluence for DV. Psychotherapists cum Lundy and Dr. Susan contend that, abuse in poor families is more likely to police and social services by victims and bystanders. Also, low income perpetrators are more likely to be arrested and spend time in jail than their wealthier counterparts who have the social and financial wherewithal to evade public exposure.

(Heyse L & Garcia-Moreno, 2000). ‘’Casualties View of DV’’. This work of the Authors on the abuser’s will, is one that analyzed the objective and scale of violence abusers inflict on their victims at domestic level in Sierra Leone.

A causality view of DV is a strategy to gain or maintain power and control over the victim. This view is in alignment with Bancroft’s ‘cost-benefit’ theory that abuse rewards the perpetrator in ways other than, or in addition to, simply exercising power over his or her target (s). Bancroft cites evidence in support of his argument that, in most cases, abusers are quite capable of exercising control over them, but choose not to do so for various reasons.

(Rennison C, 1993).‘’Dynamics of DV’’. This text presents the levels of impacts of domestic violence meted against women at domestic level. This therefore explains the resultant psychological impact that ensues due to physical abuse of DV. Rennison propounds that, modes of abuse are thought by some are gendered, females tending to use more psychological and men more physical form. He also said that the visibility of these differs markedly. However, Rennison observed that experts who work with victims of domestic violence have noted that physical abuse is almost invariably preceded by psychological abuse. In addition, he mentioned that police and hospital records indicates that a higher percentage of females than males seek treatment and report such crimes. Rennison concluded by saying that unless or until more men identify themselves and go on record as having been abused by female partners, and in a manner whereby the nature and extent of their injuries can be clinically assessed, men will continue to be identified as the most frequent perpetrators of physical and emotional violence.

In summary, it can easily be fathomed from the perspective that, ‘’The World Conference on Human Rights’’, held in

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International Journal of Engineering, Management & Sciences (IJEMS) ISSN-2348 –3733, Volume-2, Issue-6, June 2015 Vienna in 1993, and the Declaration on the Elimination of and severe infections. Many victims had miscarriages as a Violence against Women (CEDAW) in the same year, result of the sexual violence they were subjected to and concluded that civil society and governments have numerous women also had their babies torn out of their uterus acknowledged that violence against women is a public health as rebels placed bets on those of the unborn children. What a and human rights concern. Works in these areas had resulted pity! in the establishment of the international standards, but the task of documenting the magnitude of violence women and Further, sexual and domestic violence had remained Sierra producing reliable comparative data to guide policy and Leone’s silent war crime. Until recently, little attention has monitor implementation has been exceedingly difficult. been paid both nationally and internationally to these less visible human right abuses, although sexual violence was committed on a much larger scale than the highly invisible III.T HE INSIGHT amputations for which Sierra Leone became notorious. The Domestic violence and child trafficking were the underreporting is the reflection of the low status women and predominated malty faceted activities during the era of the girls in Sierra Leone as well as the internal shame that war in Sierra Leone. These were coupled with the trampling survivors welcome unwillingly and their trepidation of on the rights of women, mostly at domestic perspective. The rejection by families, friends and the society’s stigmatization. incidence in Kenema where a forty year old man raped a Also, women and girls in Sierra Leone were and are subjected twelve year old girl, a man flogged his wife to death in one of to structural discrimination by practice, custom and law. They the villages, were published by Primer News Paper in March face discrimination in terms of education and employment, in 2010. They were just few of such bizarre situations in the political arena cum other walks of life. Both customary response to the war to start with in so far as this article is law, which governs the majority of the population, and concerned. Many legal firms’ working with victims of general law which was inherited from the British, primarily domestic violence in Sierra Leone will attest to the fact applied in Freetown, discriminate against women and girls in therefore that, the law does not offer adequate protection to terms of family law as well as property and inheritance rights. victims.

In addition, the provisions pertaining to rape and under Meanwhile, Global Human Right Watch Report 2010, came general and customary law offer insufficient protection. The out with the biggest global survey about DV in Sierra Leone misinterpretation of the complicated provisions of general and Liberia. The compared result with that of 2005 showed law by the police and courts means, for instance that those that, only 21% of the DV cases were reported whiles most who are alleged to have sexually assaulted a minor are experts quoted 83% of these victims being women. The points generally charged with ‘’unlawful carnal knowledge of a of views of women voices are nowhere to be heard. In politics, child’’ for which the sentence is lighter, rather than rape. only 14 percent of the sources of these reports were women, Under customary law, the perpetrator is generally required to while in issues of economic concerns, 20 percent, women. pay a substantial fine to the victim’s family as well as to the Interestingly, even when issue is violence against women, chiefs. The victim may also be forced to marry the most of the voices (64%) are men’s. perpetrator.

Throughout the armed conflict in Sierra Leone from 1991 – 2001, thousands of women and girls of all ages, ethnic groups and socioeconomic classes were all subjected to wide spread and systematic sexual violence, including individuals, gang rapes, rape with objects such as firewood, umbrellas, pestles, clubs and what have you. In other words, they were under duress. Rape was perpetrated by both sides but mostly by the rebel forces. These crimes of sexual violence were generally characterized by extraordinary brutality and frequently preceded by other egregious human rights abuses against the victim, her family and her community at large.

Although the rebels raped indiscriminately irrespective of age, young girls were their target. This was due to the premise that, such targeted groups might surely be virgins since new brooms sweep clean. Hence, took delight in laying hands on the fresh ones for the purposes of ultimate enjoyment. This therefore, became a challenge among the rebels as to who gets more virgins than others daily. Hence, availing the platform for more cases in respect of DV to increase day by day.Many of these young girls and women did not survive these crimes of sexual violence. Adult women were also raped so violently that, they sometimes bled to death or suffered in the tearing of their genital areas, thereby causing long-term incontinence

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The reaction to DV is typically a collective responsibility of the law enforcement agencies, social services and the health sector. The role of each had evolved as DV had been brought more into the public domain. Before 2007, DV had been viewed as a private family affair that needed the involvement of the government the criminal justice not. It was all strictly adherence to family, family affair and ought to be treated domestically. Police offenders reluctant to intervene by making arrests and by so doing, rescuing the victims but rather, they often chose simply counsel the couple or the parties involved in the fray. At times, they do ask one of the parties to either leave the scene of the incidence or the premises for some periods of time so as to make tempers calm down. The courts were also reluctant also to impose any indispensable sanctions on the convicts of DV, simply because, it was seen as a misdemeanor offence.

There is no denying of the fact that, medical professionals are in position to empower individuals, offer advice and refer them to the appropriate safer havens where necessary but they have not always regurgitate those roles. They sometimes misunderstand the phrase ‘Domestic Violence’.

Fascinatingly, many victims leave their abusers, but only to return later and thereby creating a fresh platform for the

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Domestic Violence as a Repugnant Act in the Society. Sierra Leone as the Bone of contention

abusers to launch different operations in a short space of days after the return.

Research has shown that a major factor in aiding a victim to establish long lasting independence from the abusive partner is the ability of the abused to get legal aid. Economists at the South Africa Center for Justice analyzed Bureau of Justice Statistics data to determine what accounted for the nationwide reduction in reported abuse. Their findings uncovered that; one vital factor was the availability of legal services to assist abused victims. Legal assistance can provide essential safety planning, buttress a family’s economic position through child or spousal support, allay fears planted by the batterer about loss of custody and assist victims to secure needed government benefits.

After the passage of the three gender bills of 2007 in Sierra Leone, it was widely believed that domestic disturbance calls were the most perilous type for acknowledging officers, who arrive to a highly emotionally high charged situation.

Statistics on incidence on DV, published in the 2009, aided in raising the awareness of the public of the saga and increase activism. Along with protecting the victim, law enforcement officers ought to ensure that the alleged abusers’ rights are not violated.

Many times in cases of mutual combatants, it is departmental policy that both parties be apprehended and the court system can establish truth at a later date. In some areas of the nation, this mutual combatant philosophy was replaced by the primary abuser philosophy where in case both parties have physical injuries, the law enforcement officer determines who the primary aggressor is and only arrests that fellow. This philosophy commenced gaining momentum when different government cum private agencies started researching the effects. It was found out that when both parties are apprehended, it always had an adverse effect on the victims.

The victims are less likely to call or repose their trusts in the law enforcers during the incident coupled with domestic abuse.

IV. ANALYSIS AND RESULTS Among the many human right issues which human rights activists grapple with all over the world is the extent of violence meted against women at the domestic level. Even though several countries have ratified and demonstrated series of treaties and conventions geared towards minimizing violence against women and their vulnerability in the hands of persons in position especially their spouses at domestic levels, such move have still proved to be challenging. In many countries of the world, the police as law enforcers have played indispensable roles in alleviating this societal malaise with significant success, while in some other regions of the globe where issues of women’s rights are given less priority by state government, women and girls are said to have experienced grave pains in the hands of their over lords.

There have been growing concerns about the violation of the Human Rights of women living in rural communities, where individuals were subjected to customary law over the last few decades. The hybrid natures of most legal systems in Africa for instance were law operates alongside discriminatory

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customary laws puts when in a very disadvantaged position.

Remedies for domestic violence under customary law are nonexistent. The realities of domestic violence were not recognized. (UNFPA REPORT ON WOMEN. 2005).

This research proposed, will do nothing but give information and data which will surely provide assistance to the Sierra Leonean illegitimate abusers domestically and other individuals or countries who do not take the rights of their fellows and country mates into considerations before reacting haphazardly will come to realization that, it is a healthy behavior to respect the individual’s rights. This could also serve as a tool for catapulting perpetrators by changed perpetrators.

V. CONCLUSION AND RECOMMENDATIONS To crown it all, it’s not because the researcher is lacking more substances to adding to the afore outpoured but for the purposes of assimilation and the descending ear not a basket, readers ought to be abreast with the fact that, the alleviation of hindrances and unhealthy circumstances that women face with respect to domestic violence in the hands of perpetrators which are mostly men in Sierra Leone and other parts of the world was actually the focus of the day. This study is actually to help solve this canker by exploring the situation of women within the universal domain as significance and so ought to be treated with civility. By carrying out a survey and collecting information from relevant sources, this study gives concrete suggestions by providing law enforcement agencies in so far as decision makers are concerned and other concerned institutions and individuals to pay attention to the essence of the right of women by making more women-friendly policies so as for peace cum tranquility to prevail.Build on readers’ knowledge by informing them on the importance of women in the society and respect for their rights.To enable other researchers or students to develop interest in the topic and emerge with more excavations.To do away with some challenges of the victim women encountered like hallo effects, stereotyping, stigmatization in the society and the general public at large Eventually, it will benefit those readers who wish to learn a little more than they know about domestic violence and its intricacies in Sierra Leone and the world at large.

Further, DV incapacitates those on the receiving end and is a Human Rights issue. Leaders of countries in the developing world need to fully acknowledge this. Most governments have departments that deal with gender issues and are not short of advice from women’s groups, yet, changes in the law are not being made. What is lacking is commitment. Thus, a commitment to take up recommendations made by various reputable NGOs working to raise awareness of DV, to ensure the inclusion of women and protection of Human Rights.

VI. ACKNOWLEDGMENT It is undoubtedly in place that, when you have a large heart, everything evil or good becomes a welcome spring-box for advancement. This presumption, however, not irrefutable. For instance, in the case of this article, no sooner had it become evident that it was ready for publication, than I felt as if the

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International Journal of Engineering, Management & Sciences (IJEMS) ISSN-2348 –3733, Volume-2, Issue-6, June 2015 whole vista of hopes, expectations and joy had been opened up to me.It is in this blissful frame of mind that I wish to express my sincere gratitude toour Heavenly Host for seeing me through.

Further, I am deeply grateful to Mr.Ziggah Yao Yevenyo,and Mr.Laari Prosper for their kindness in reading the early manuscripts and offering me useful suggestions, guidelines and words of encouragement.

REFERENCES [1] Berkowitz (2002), and Weisz& Black (2008) ‘Research on bystander intervention ‘. Oxford University 3rd Edition.

[2] Robert D. (Nov; 26, 2008), ‘The pervasive nature of DV in Europe and Africa’ (The Congo and Manor River Basins).

[3] Heugen W. (2005) ‘The growing pains of women’ [4] Johnson (1995) ‘The pervasiveness of domestic violence’.

[5] Premier News Paper, news publication of (March, 14th 2010), Case study of DV in Eastern Sierra Leone.

[6] A Handbook and Guide for Police Prosecutors, Ministry of Justice/Office of the Department of Public Prosecution, in collaboration with UNIPSIL, Sierra Leone, 2009 [7] Age Assessment Guidelines-Children in Contact with the Justice System(draft), Ministry of Social Welfare Gender and Children Affairs, Sierra Leone 2010 [8] Caring for Survivors-Training Manual, UNICEF, New York, 2007 [9] Criminal Case Management: Best Practice Handbook, Justice Sector Development Project, Sierra Leone, 2006.

[10] Guidelines for Medico-Legal Care for Victims of Sexual Violence, World Health Organization, Geneva, 2003 [11] National Referral Protocol: Pathways to Service Provision for Child Victims/Survivors of Sexual and Gender Base Violence, Ministry of Social Welfare Gender and Children Affairs & Ministry of Health and Sanitation, Sierra Leone, 2007 [12] SGBV Prosecutors Manual, Ministry of Justice of Liberia, 2006 [13] Responding to Domestic Violence: a Handbook for the Uganda Police Force, Centre for Domestic Violence [14] Prevention, Kampala, 2007 [15] The Family Support Unit Training Manual, Sierra Leone Police & Ministry of Social Welfare, Gender and Children Affairs, Sierra Leone, 2008 [16] Training Manual on Investigations of Sexual Exploitation and Abuse in Liberia, Women & Children Protection Section, Liberia, 2006 [17] UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, General Assembly Resolution 40/2005 [18] UN Guidelines on Justice Matters involving Child Victims and Witnesses of Crime, Economic and Social Council Resolution 20/2005 [19] Tjaden&Phoennes (2000a), ‘ Report on global domestic violence’.

[20] World Health Organization (WHO), ‘Definitional concepts of sexual violence’ (2009).

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