{UAH} I AM IN LOCK DOWN WITH MY ABUSER

I AM IN LOCK DOWN WITH MY ABUSER.

 

As the COVID-19 pandemic rages on, reports of domestic violence are  increasing around the world . In Hubei province  the heart of the initial corona virus outbreak,   domestic violence reports to the police tripled  during the   February lock down from 47 last year to 162.

In France, Cyprus,Argentina,  United Kingdom, and  U.S.A domestic violence has increased  in relation to effecting of lock downs.

In Spain where lock down rules are extremely strict, on 19^th March exactly 5 days into lock down, a woman was murdered by her husband in front  of their children in the coastal province of Valencia.

Disclaimer- This article contains content of  a disturbing nature.

In this article, I will define domestic violence and highlight the ripple effect of COVID 19 lock down policies  on the increase in domestic violence in Uganda specifically to girls and women. ( The writer  acknowledges that men and boys also face domestic violence thus i will address the topic as well in the next blog )

I will also put forward  a few recommendations on how best to prevent  and handle the increase in domestic violence cases using the current legal frame work in Uganda.

 

The Uganda Domestic Violence Act, No. 17 of 2010 (The Act)  defines domestic violence as any act or omission of a perpetrator in a domestic relationship  which harms , injures or endangers the health , safety, life , limb or well-being , whether  mental or physical of the of the victim or any person related to the victim) or tends to do so and includes causing physical abuse, sexual abuse , emotional, verbal and psychological abuse and economic abuse.

In my opinion this definition should also acknowledge cyberabuse because it now a growing cancer.

Martin Juuko who was very angry beat up his wife (pictured)  brutally before he arrogantly posted the photos which had his wife very injured on his Facebook wall. source

Section 3(1) of the Act  defines a domestic relationship, as relationship similar to a family relationship or a relationship in a domestic setting that exists or existed between a victim and a perpetrator and includes a relation where-

• The victim is or has been married to the perpetrator;
• The perpetrator and the victim are family members related by consanguinity , affinity or kinship;
• The perpetrator and the victim share or share the same residence;
• The victim is employed by the perpetrator as a domestic worker or house servant and the victim does or does not reside with the perpetrator;
•  The victim is an employer of the perpetrator and does or does not reside with  perpetrator;
• The victim is an employer of the perpetrator and does or does not reside with  perpetrator;  or
  The victim is or was in a relationship determined by the court to be a domestic relationship;
• The legal nature of the   relationship;
•  The amount of time the persons spend together;
• The place where the time is ordinarily spent
• The manner in which that time is spent  and
•   Duration of the relationship

 

For example Haji Musa Kigongo vs Olive Kigongo High Court Civil Suit No. 295/2015. Where the Judge held that the woman (Olive) had acquired an interest in the house where she had lived for 26 years.  Although, there was no evidence of marriage, the Court took into consideration the fact that for a period of 26 years, the man had never objected to her stay in the house, making her believe that it was her home.

Ugandan women experience violence from their partners. Sixty eight percent had been harassed or beaten by their partners during the 12 months preceding the survey. Methods used included beating, pushing, dragging, forced sex, arm twisting, threatening, insulting, choking and cyber related domestic abuse.  Rural women suffered more violence than urban women. Likewise, uneducated women suffered more than their educated colleagues.
The survey also shows that seven in 10 women agreed that it was justified for women to be beaten.

This indicates the normalization of violence as part of male-female relationships, which is not surprising because traditional norms teach women to accept, tolerate and even rationalize battery. Four in 10 women think that arguing with a husband justifies wife beating and 31% and 23% of women, respectively, feel that denying a husband sex and burning food are justifications for wife beating.

Patrick Jimmy Okema, the PRO Aswa Region Police states that Brian Okello (pictured) was arrested on April 14, at around 2am. UPF PHOTO

 

According to the  Uganda Police  Annual Crime Report of 2018 a total of 13,916 cases of Domestic Violence were reported. 1,146 cases were taken to court, out of which 317 cases secured convictions, 35 cases were acquitted, 317 cases were dismissed and 620 cases were still pending in court while 5,143 cases were still under investigations. 14,450 people were victims of domestic violence, of whom 2,873 were male adults, 10,478 were female adults, 541 were male juveniles and 558 female juveniles.

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To begin with when Uganda confirmed its first case of Covid-19, government sanctioned a lock down all non essential workers to stay home, suspension of public transport   and  closure of school. .  The number of children therefore affected by this closure according to the   Uganda National Bureau  of statics ( UNBS) 2018 STATISTICAL ABSTRACT   is as of primary enrollment  8.8 million, secondary school enrollment  1,457,277.

 

In addition to that, the  ban on public and private transportation has confined girls and children with their abusers  for longer periods of time in confined spaces  and also  constrained  the ability  for help to reach out to them  in person, Police Deputy Spokesperson Polly Namaye said that,' because people are stuck at home, it has increased the cases to at least 328 cases of domestic violence during the last 14 days of the national COVID-19 lockdown" . In Napak district, a woman died after having a fight with her husband.

On this note, I recommend that the Child and Family Protection Department of the Uganda Police Force remains operational including operational safe houses for victims, transportation and most importantly protective gear in line with the safety guidelines on COVID-19. Continued massive media (including social media) campaigns against domestic violence published side by side with the COVID -19 guidelines that also encourages community vigilance. The above should include a 24hr hour toll free  Call service as well as social media accessibility.(Lifting OTT Tax would go a long way in this initiative) .

Please note the Child and Family Protection Department of the Uganda Police Force's facebook was last update in 2011.

Finally the Family and Children Court should remain operational as an essential service provider to handle the case log rising out of the police reports and also emphasis on access to free medical services for victims .

Courtesy of CEDVIOP uganda 

 

DISCLAIMER

This article provides general information only . It is not intended to provide advice concerning any specific set of facts, nor is it intended to be relied on as legal advice.

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"When a man is stung by a bee, he doesn't set off to destroy all beehives"

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