Introduction
Since the enactment of the ‘gender acts’ in Sierra Leone, that is the Domestic Violence Act, the Devolution of Estate Act, and the Registration of Customary Marriage and Divorce Act, some eighteen months ago, little has been done in the process of implementing the key provisions of the acts. Simply put, the process of implementation has been painfully slow. Also, there has been little or no collaboration among the different organizations, local and international, that are working on gender related issues so as to coordinate and monitor the process properly. The effect has therefore been the duplication of each other’s effort and with information not well disseminated as they are done independently without consulting with others. That is, strategies have not been coordinated well and training programmes seldom conducted which would provide the platform where frequently asked questions about the laws would be raised and people with the required expertise made to answer such questions.
In light of the above, the Ministry of Social Welfare, Gender and Children’s Affairs (MSWGCA), which is the lead agency in the implementation process, launched the National Strategic Roll-out Plan on 25th of November, 2008 to be used in the implementation process. The process starts from January 2009 and ends in 2011. The Plan was developed with close consultation with stakeholders across the country including civil society, state actors, and relevant UN agencies. The Plan does not only set out all the steps which need to be taken over the next three years, but it lays the basis for long term enforcement of the ‘gender acts’ on a national scale. It will serve as a guideline or reference point for all stakeholders with each knowing their individual responsibilities in order to avoid duplication of efforts. The Roll-out Plan is divided into three main sections: enforcement, public education and monitoring/data collection. This article therefore seeks to critically analyze these sections, with particular reference to how it can help in the implementation process, citing some possible problems and proffer recommendations.
Enforcement
Enforcement, as one of the main priorities in the Roll-out Plan is to ensure that all bodies and agencies charged with the responsibility of enforcing the three ‘gender laws’, fulfill their roles under the new Acts. Provisions are made under the three Acts for victims to seek redress in the court of law when their rights are violated or abused. For instance, domestic violence cases can be heard in the Magistrates’ or High Courts or the Local Courts. Matters relating to registration of customary marriages and divorce can be heard in the Magistrates’ or Local Courts; but issues relating to the Devolution of Estate can only be heard in the High Court. Access to justice in this country is a multi-faceted problem; lack of finance, fear of reprisal by perpetrator, delay in trial proceedings, etc all contribute immensely to this malaise. The MSWGCA has therefore made it a priority to lay the foundation for people to be able to seek redress in the court of law in an event where their rights are trampled upon under the ‘gender laws’. To that effect, the Role-out Plan makes provision to strengthen the community relationship with the Family Support Unit of the Sierra Leone Police to enable people have confidence in the justice system. The Plan also makes provision for the strengthening of the formal and informal courts to expedite the hearing of cases. Furthermore, it makes provision for the establishment of an effective service wherein complainants will receive the required attention and support. The Plan therefore provided for the setting up of a Victims’ and Witness Support Unit. This service will be provided by a cross section of organizations.
The difficulty in implementing the gender Acts has been associated with the formal court system, which is often overwhelmed with cases. Therefore, cases are frequently adjourned including sexual and gender based violence cases. In addition to that, the perpetrators of the domestic violence for example, are most times the breadwinners. Since the women are largely dependent on them, they are often unwilling to pursue the case. It is therefore essential for women empowerment programmes to be set up so that dependency rate on their male counterpart will be decreased. With independence and the setting up of special courts throughout the country to handle such cases, women can, without reservation, adequately seek redress in the court of law if so required.
Furthermore, the MSWGCA needs to muster the political will at the highest level for this plan to succeed, especially so when it is one of the under funded ministries in Sierra Leone. Already, the Ministry has established the National Committee on Gender Base Violence (NAC-GBV), a unit within the Ministry to handle cases of sexual and gender based violence is a step in the right direction. The government and its partners must therefore strengthen these ventures to ensure the implementation of the acts.
Public Education
The second section of the roll-out Plan is public education and its primary aim is to give a broad public understanding of the three acts and the gradual absorption of their provisions into acceptable norms of behaviour by individual and communities. As a result of the high level of illiteracy in the country, it is essential that sensitization drives are undertaken on a massive scale throughout the country and in the different indigenous languages to help the people better understand the provisions of the Acts. The sensitization scheme should prioritize service provider and opinion leaders including medical service providers, human rights and other civil society groups, traditional and religious leaders, media institutions, Members of Parliament , Councilors, etc. In Sierra Leone, most of our traditional practices are more discriminatory to women than men and changing the behaviors of people is a herculean task. Putting these laws into practice will require a long-term investment to changing culturally ingrained practices that condone and sometimes perpetrate violence against women and girls. Attempts to change customs are likely to be controversial and inspire resentment and anxiety, particularly among men.
Other means of educating the public as outlined in the roll-out plan is through discussions and meetings at local level, in schools by integrating the ‘gender laws’ into the school curriculum, radio programmes, community dramas and story telling, music, leaflets, posters, bill board, etc. There should be a monitoring mechanism in place so that stakeholders involving in the implementation process pass on the messages correctly in order to avoid misinformation.
Data Collection/Monitoring
The third section of the Roll-out Plan deals with data collection and monitoring. The purpose of data collection is to build a pool of accurate, up-to-date information to be used as a basis for evaluating impact; and monitoring is to ascertain the extent to which the Roll-out Plan is being implemented and to be able to adjust the plan if necessary as time and circumstance may dictate. By doing this, the Ministry will be able to track systematically the status of the implementation process and be able to identify areas in the Acts that will present challenges and also regions where increased focus should be paid. Since the ‘gender acts’ were passed in Parliament, there has been little data collection and proper record keeping to track their implementation, thus creating a huge problem as the Ministry is unable to trace records in the evaluation process. Lack of data collection and inconsistent levels of reporting across sectors is currently a significant problem with the implementation and monitoring of the acts nationwide. It is therefore vital that a proper system of date collection and coordination is prioritized from the outset. A system should be established for every institution involved in the Roll-out Plan to forward their data to the Ministry which it will use in the six monthly reports. The Family Support Unit of the Sierra Leone Police will track down the number of cases reported to them. The district and local councils on their part will collect data on the various issues including, property, ownership and devolution of estates. To achieve this, the said institutions need to be properly capacitated so that they will be able to provide adequate and up-to-date data. Also, archiving systems and libraries need to be established which will serve as reference point for researchers. The Ministry will lead the monitoring process with the assistance of and collaboration with other partner agencies, particularly those forming part of NAC-GBV.
In conclusion, the National strategic roll-out plan if implemented accordingly will be a major step towards the improvement of the status of women and girls in Sierra Leone.