Sexual and gender-based violence against women in rural communities in Uganda

TABLE OF CONTENTS

TABLE OF CONTENTS

LIST OF FIGURES

LIST OF TABLES

LIST OF ABBREVIATIONS

ABSTRACT

CHAPTER ONE
INTRODUCTION
1.1 Introduction
1.2 Background to the study
1.2.1 Historical Background
1.2.2 Theoretical Background
1.2.3 Conceptual Background
1.2.4 Contextual Background
1.4 Purpose of the Study
1.5 Specific objectives of the study
1.6 Questions
1.7 Hypotheses of the study
1.8 Conceptual framework
1.9 Significance of the Study
1.10 Justification of the Study
1.11 Scope of the Study
1.11.1 Content Scope
1.11.2 Geographical Scope
1.11.3 Time Scope
1.12 Operational definitions

CHAPTER TWO
LITERATURE REVIEW
2.1 Introduction
2.2 Theoretical review
2.3.1 Bride Price Practices and Management of Sexual and Gender Based Violence
2.3.2 Cultural Norms and Management of Sexual and Gender Based Violence
2.3.3 Composition of Local Council Courts (LCC) and Management of Sexual and Gender Based Violence
2.4 Summary of the Literature

CHAPTER THREE
METHODOLOGY
3.1 Introduction
3.2 Research design
3.3 Population of the study
3.4 Sample size and Sample selection
3.5 Sampling techniques and procedure
3.6 Data Collection methods
3.6.1 Questionnaire survey
3.6.2 Interviews
3.6.4 Focus Group Discussion
3.6.4 Document Review
3.7 Data Collection Instruments
3.7.1 Interview guide
3.7.2 Self-Administered Questionnaires
3.7.3 Documentary Review Checklist
3.7.4 Focus Group Discussion Guide
3.8 Quality control
3.8.1 Validity
3.8.2 Reliability
3.9 Procedure for data collection
3.10 Data Management and Analysis
3.10.1 Qualitative data analysis
3.10.2 Quantitative data analysis
3.11 Ethical Considerations

CHAPTER FOUR
PRESENTATION, ANALYSIS AND INTERPRETATION OF RESULTS
4.1 Introduction
4.2 Response rate
4.3 Personal Information of respondents
4.3.1 Sex of respondents
4.3.2 Age of respondents
4.3.3 Education level of respondents
vii
4.3.4 Employment status of respondents
4.4 Empirical findings
4.4.1 Bride price practices affect Management of Sexual and Gender Based Violence
4.4.1.1 Correlation coefficient results (Bride price practices)
4.4.1.2 Linear regression results (Bride price practices and Sexual and Gender based violence against women)
4.4.2 Cultural norms and Management of Sexual and Gender Based Violence
4.4.2.1 Correlation coefficient results (Cultural norms)
4.4.2.2 Linear regression results (cultural practices and Sexual and Gender based violence against women)
4.4.3 Composition of LC courts and Management of sexual and gender based violence
4.4.3.1 Correlation coefficient results (Composition of LC courts)
4.4.3.2 Linear regression results (Composition of LC courts)

CHAPTER FIVE
SUMMARY, DISCUSSION, CONCLUSIONS AND RECOMMENDATIONS
5.1 Introduction
5.2 Summary of the study
5.2.1 Bride price practices and Management of SGBV against Women
5.2.2 Cultural Norms and Management of SGBV against Women
5.2.3 Composition of LC courts and Management of SGBV against Women
5.3 Discussion of the findings
5.3.1 Bride price practices and Management of SGBV against Women
5.3.2 Cultural Norms and Management of SGBV against Women
5.3.3 Composition of LC courts and Management of SGBV against Women
5.4 Conclusions of the study
5.4.1 Bride price practices and Management of SGBV against Women
5.4.2 Cultural Norms and Management of SGBV against Women
5.4.3 Composition of LC courts and Management of SGBV against Women
5.5 Recommendations of the study
5.5.1 Bride price practices and Management of SGBV against Women
5.5.2 Cultural Norms and Management of SGBV against Women
5.5.3 Composition of LC courts and Management of SGBV against Women
5.6 Limitations of the study
5.7 Areas for further study

REFERENCES

APPENDIX A: Questionnaire For Respondents

Appendix B: Interview Guide for key informants

Appendix C: Focus Group Discussion Guide

Appendix D: Table for Determining Sample Size from a Given Population

Appendix E: Documentary review checklist

DEDICATION

I dedicate this book to my Father Mr. Josam Odeke Ebolu who has been a pillar in my life. My siblings Emmanuel Obela, Norman Ebolu, Luciana Alupo Ebolu and Veronica Hope Ebolu. Thank you for all the encouragement, good wishes and prayers during this time.

ACKNOWLEDGEMENTS

The Researcher would like to acknowledge the following people for their contributions and support during the research period. Their diligent commitment and support granted me the zeal to complete this work and therefore would like to appreciate them for the success of the dissertation in the following order. I would like to express my gratitude to my supervisors Dr. Florence Bakibinga Sajjabi (Mrs) and Dr. Rose Namara who were abundantly helpful and offered assistance, support and guidance to the success of this project.

Special thanks also to all my graduate friends, especially Akurut Angela, Dinah Atai and Proscovia Murungi and other friends like Corina Turinawe whose advice and encouragement granted me the strength and raised my spirit to persevere till completion. The author would also like to convey thanks to the UMI Facilitators who tirelessly guided the research writing process in the lecture rooms, the support staff at UMI Documentation Centre who made it easy for me to find all the Literature needed for the research.

LIST OF FIGURES

Figure 1.1: Conceptual framework (socio-cultural factors and SGBV)

LIST OF TABLES

Table 3.1: Accessible population, sample size and sampling technique

Table 3.2: Reliability results (Factors and Maintenance of Roads)

Table 4.1: Response rate

Table 4.2: Sex of respondents

Table 4.3: Age of respondents

Table 4.4: Education status of respondents

Table 4.5: Descriptive rating for Staff, Contractor and Department

Table 4.6: Statements on Bride Price

Table 4.7: Correlation coefficient results for Bride Price

Table 4.8: Linear regression results for Bride Price

Table 4.9: Statements on Cultural norms

Table 4.10: Correlation coefficient results for Cultural norms

Table 4.11: Linear regression results for Cultural norms

Table 4.12: Statements on Composition of LC courts

Table 4.13: Correlation coefficient results for Composition of LC courts

Table 4.14: Linear regression results for Composition of LC courts

LIST OF ABBREVIATIONS

Abbildung in dieser Leseprobe nicht enthalten

ABSTRACT

The study established the effect of socio-cultural factors on the Management of Sexual and Gender Based Violence (SGBV) against women in Apac District, of Uganda. The specific objectives of the study were: to assess the extent to which bride price practices affects Management of Sexual and Gender Based Violence against women in Apac District; to explain the effect of cultural norms on Management of Sexual and Gender Based Violence in Apac District; and to establish the extent to which the moderating effect of the composition of LC courts affect the management of sexual and gender based violence against. Literature on socio- cultural and management of SGBV was reviewed. A case study research design was used supplemented by both qualitative and quantitative approaches. An accessible population of 320 elements was used to determine a sample size of 175 respondents. A 71% response rate was obtained. Key findings of the study include a positive significant relationship result for bride price practices (.355**), cultural norms (.580**) and composition of LC courts (.514**) on management of sexual and gender based violence.

The study concluded that SGBV acts led to splitting of more families. Fewer women reported domestic violence and women beaten were psychologically tormented and rarely were men apprehended when they beat their wives. However, many community members were not aware of violence in homes. Many women eloped as a result of domestic violence and many were isolated and neglected. Fewer LC courts adhered to a predefined mechanism, many women were dissatisfied with the court set up and injustice prevailed. The study recommends that locally guidelines for payment of bride be formulated, use ceremonies such marriage and naming ceremonies to deliver SGBV information and informing communities that SGBV was punishable under the laws of Uganda. There is need to introduce a women’s desk for more work coordination, need to form a task force to review LC court composition and ensure a fair community evaluation exercise on the role played by the LC courts.

CHAPTER ONE

INTRODUCTION

1.1 Introduction

The study examined socio-cultural factors that affected the Management of Violence against women in Apac District, Uganda. Socio-cultural factors (bride price practices, cultural norms) were perceived as independent variables while the Management of Sexual and Gender Based Violence (Protection of survivors of violence, reporting of cases and Apprehension of offenders) was perceived as dependent Variables, the Composition of LC Courts is perceived as an Intervening Variable (IV). The study focused on the Northern District of Apac as a case study. Chapter one comprised of the Background to the study, Statement of the problem, Purpose of the Study, Specific Objectives, Research Questions, Scope of the Study, Justification, Significance of the study and Operational Definition of key terms and Concepts.

1.2 Background to the study

1.2.1 Historical Background

Sexual and Gender Based Violence (SGBV) 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. Intimate partner violence is the most common form of violence experienced by women globally. Sexual and gender based violence can also take the form of harmful traditional practices (Keesbury, 2006). Children (boys and girls) and women are particularly vulnerable to violence, especially sexual abuse. According to the United Nations Populations Fund (UNFPA), almost 50 percent of all sexual assaults worldwide are against girls aged 15 and younger. In 2002, 150 million girls and 73 million boys under the age of 18 years experienced forced sexual intercourse or other forms of gender based violence (UNFPA, 2012). Violence against women and in particular sexual violence is also often used as a tactic of war during conflicts.

In the context of humanitarian crisis and emergencies, civilian women and children are often the most vulnerable to exploitation, violence, and abuse because of their gender, age, and status in society (ISIS WICCE, 2010).

Sexual and Gender Based Violence cuts across ethnicity race, class, religion, education level and international boarders and it has become common practice in almost all societies and has many facets. Within the household this can include battering by an intimate partner, marital rape, dowry-related violence and sexual abuse. Violence outside the home can include rape, sexual abuse, sexual harassment and assault (Sundby et al, 2013). Various socio-cultural and religious norms produce and reinforce gender inequality and stereotypical gender roles that underpin gender-based violence. Sexual and Gender Based Violence (SGBV) is pervasive human rights, public health, and a development problem (Sundby et al, 2013). SGBV is broadly conceptualized to comprise all forms of physical, psychological and sexual violence that are related to the survivors’ gender or gender role in a society or culture (Keesbury & Askew, 2010).

Data based on the 2006 Uganda Demographic and Health Survey (UDHS) shows that 39% women and girls aged 15-49, had ever experienced sexual violence, compared to 11% for men, and 59.6 % of women have expressed physical violence compared to 53% of men. The majority of gender based violence is Uganda is committed by an intimate partner. For example according to the UDHS (2000), more than two thirds of women (68%) who have been in marital relationships had experienced one kind of gender based violence from the current husband or intimate partners while 8% of these experienced the violence from their former husband or intimate partner; 36% had experienced sexual violence (UBOS & Macro International, 2007). Similarly, a study carried out by the International Centre for Research on Women (ICRW) in 2009, revealed that more than 80% women consulted have experienced physical, sexual or psychological violence at some point in their marriage or intimate relationships (ICRW, 2009).

The 2011 Uganda National Report on Sexual and Gender Based Violence also indicates that between one-third and two-thirds of known sexual assault victim are of age 15 or younger (MoGLSD, 2011). Girl’s children have also been documented to be prone to abuse through socially constructed harmful norms and practices that are tolerated in some communities. According to the Ministry of Health-Uganda and World Health Organization (WHO) the magnitude of forms of Sexual and Gender Based Violence in Uganda is as follows; wife battering (30%), marital rape (12%), defilement (25%), rape (20%), sexual exploitation (13%). The magnitude of sexualized violence is high and its occurrence was reported to be quite often. However, most of the cases go unreported thus denying justice to the survivor. Many incidents of sexual violence are under reported, making it difficult to ascertain the exact magnified of the problem. Nevertheless, the problem of SGBV is a serious and difficult one to handle. They largely go undetected or reported due to the fact that sometimes the person who is supposed to protect the potential victim usually turns out to be the perpetuator (ACFODE, 2012).

It is important to note that while relative peace and stability has returned in Northern Uganda, the effects of the two decade violent conflict still linger. The region is yet to experience positive peace because although the guns have largely fallen silent, the structural and underlying causes of violent conflicts still remain prevalent (Galtung, 2011) in most parts of the region.

1.2.2 Theoretical Background

The study was underpinned by the Feminist Theory on domestic violence (Pence & Paymer, 1993). This theory notes that the root causes of intimate partner violence is as an outcome of living a society that condones aggressive behaviors perpetrated by men, while socializing women to be non-violent. It focuses on the societal messages that sanction a male’s use of violence and aggression throughout life, and the proscribed gender roles that dictate how men and women should behave in their intimate relationships. The components of this theory for example societal messages that sanction a male’s use of violence, aggressions and proscribed gender roles made this theory to be adopted for the study.

1.2.3 Conceptual Background

The study explored the concepts of socio-cultural factors and management of Sexual and Gender Based Violence.

Management of sexualize violence is understood as protection of a survivor of violence by following up an incident of sexual violence so as to ensure the physical safety of survivor and all actions are guided by the best interest of the survivor and her wishes must be respected at all times; (i) Apprehension of offenders meaning that the government or local authorities on that territory where the sexual gender based violence attack occurred is responsible for taking remedial measures, including conducting a thorough investigation into the crime, identifying and prosecuting those responsible; (ii) Protection of survivors of sexual and gender based violence is understood as protecting survivors from reprisal. Wherever possible, the identity of the survivor is kept secret and all information kept locked and secure from outsiders. In all cases, the wishes of a survivor are respected when pursuing the legal aspects of the case (iii) Reporting is understood as where a detailed history of the attack is documented, including the nature. The results of the attack however minor are documented are presented to concerned authorities or persons as evidence by a survivor, family or community members.

1.2.4 Contextual Background

According to the UDHS (2011), close to six in ten women (68%) believe wife beating is justified. This situation is worse in northern Uganda which is arising from the disruptions of the social fabrics following the long standing instability caused by the Lord’s Resistance Army (LRA) rebels in the area.

Apac District is one of the districts in northern Uganda- Lango sub-region. It is located in the central southern part of the northern region of Uganda. Sexual and Gender Based violence (SGBV) remains a big problem in Apac District with over 70% of the families experience it. However, the majority of cases are not reported because people prefer to settle cases at community level. Apac District like any post conflict area, management of sexual and gender based violence in Lango sub region largely compromises the situation of women. Even for a region that experienced the brunt of the Lord’s Resistance Army (LRA) conflict, where both men and women struggled to survive the impact of conflict. Some formerly abducted women are experiencing family or community rejection or are being intimidated by demobilized ex- LRA combatants seeking to reclaim their wives (Carlsson & Dyan, 2008).

Sylivia and Friederica (2011) assert that, women face insurmountable obstacles in obtaining justice after having experienced genderǦbased violence in Northern Uganda. This is related to fear of repercussion from perpetrators, high illiteracy rates which deter people from seeking support within a complicated legal framework and the financial and logistical implications of accessing limited and underǦresourced legal institutions. More so, the high levels of stigma attached to rape survivors deter victims from seeking any form of medical or legal assistance. Despite efforts by government and NGOs to address violence against women in Apac district, survivors of violence still face a number of challenges in terms of access justice, reporting cases and protection. The study therefore aimed at assessing the effect of socio-cultural factors on the management of sexual and gender based violence against women.

1.3 Statement of the problem

Gender-based violence is a universal reality existing in societies where women in particularly are vulnerable to all sorts of violence as inflicted by their male counterparts. The women have lived in extremely precarious conditions and are discriminated against on the basis of race, language, ethnic group, culture, age, opinion, religion or membership in a minority group with less support from the concerned authorities (WHO, 2012). From the Ugandan context including Apac district, such violent acts have been to a number of socio-cultural factors for instance bride price where the boy or man’s family is mandated to give bride price, a payment common cultural practice to the parents of the girl as a form of appreciation or validation of customary marriages. This has created recognition of marriages, stabilization of marriage relationships, and protection to wives against abuse and development of partnerships between families and control over women’s lives (Uganda Association of Lawyers, 1996).

Additionally, cultural norms for instance vows, symbols, myth have been traditionally adhered to by most families and resulted into better marriages. Furthermore, the existence of local LC courts within the district to handle domestic violence positively on the raise of gender-based violence acts promoting stability in families. However, much as such socio- cultural factors have positively led to stability in homes, a number of SGBV acts have been noticed attributed to such factors for instance women have been battered to death, raped, conflict between bride and groom families has been created, divorces have risen and families have been subjected to law to refund bride price paid by the mans’ family. This has inflicted both physically and mentally pain on the side of women arises (World March of Women, 2000).

To further support the above, a considerable number of Government policy frameworks for example the Constitution of the Republic (ii) Succession Act (iii) Children’s Act (iv) Marriage Act (v) Divorce Act (vi) Domestic Violence Act passed 11 November 2009 to help strengthen legal interventions for survivors of domestic violence) (vii) Trafficking in Persons’ Act 2008 are in place with incidences of gender based violence especially against women are still high (Allen & Zahara 2009).

If this situation persists in Uganda, then families will continue to break, of marriage will be misinterpreted, gender inequality will rise and children will mentally and psychologically suffer due to less family support among others. It is upon such background that the study investigated the extent to socio-cultural factors (bride price practices, cultural norms and composition of LC courts) affected the management of gender based violence against women in rural communities in Apac District.

1.4 Purpose of the Study

The purpose of the study was to establish the effect of Socio-Cultural Factors on the Management of Sexual and Gender Based Violence against Women in Apac District, of Uganda.

1.5 Specific objectives of the study

1. To assess the extent to which bride price practices affect Management of Sexual and Gender Based Violence against women in Apac District.
2. To explain the effect of cultural norms on Management of Sexual and Gender Based Violence in Apac District.
3. To establish the extent to which the composition of LC courts affects the relationship between socio-cultural factors and management of sexual and gender based violence.

1.6 Questions

The following research questions were investigated.

1. To what extent do bride price practices affect Management of Sexual and Gender Based Violence in rural communities of Uganda?
2. What are the effects of cultural norms on Management of Sexual and Gender Based Violence in rural communities of Uganda?
3. To what extent does the composition of LC courts affect the relationship between socio- cultural factors and management of sexual and gender based violence?

1.7 Hypotheses of the study

In the study, it was hypothesized that:

1. Existing bride price practices affect apprehension of perpetrators of acts of Sexual and Gender based violence cases to a low extent
2. Cultural norms affect protection of survivors of sexual and gender based violence.
3. The composition of Local Council Courts affects the relationship between socio-cultural factors and management of sexual and gender based violence to a low extent

1.8 Conceptual framework

(Independent Variable) Socio-cultural factors x Bride price practices x Cultural norms

Abbildung in dieser Leseprobe nicht enthalten

Figure 1.1: Conceptual Framework showing Socio-Cultural Factors affecting Management of Sexual and Gender Based Violence against women in rural communities of Apac district

Source: Adopted from Otufale (2012) and modified by the Researcher

In the conceptual framework above, the study presents the relationship between the variables of the study; socio-cultural factors as independent variable while Management of Gender Based Violence as Independent variable. It was hypothesized that the socio-cultural factors presented as bride price practices and Cultural norms had an effect on the Management of Gender Based Violence operationalized as apprehensions of perpetrators of acts of sexual and Gender based, protection of survivors and reporting of cases. However, it was also perceived that if the composition of LC Courts (moderating factor) is not properly addressed, it had an effect on the management sexual and gender based violence even if other factors are addressed.

1.9 Significance of the Study

Respondents constituting 88% suggested bride price practices in Apac served to limit women’s control over their bodies. Pride price was linked to domestic violence, owing to women’s fear of returning to their natal homes. Payment oft had also led to intimidation and isolation of women in society. This results are useful to policy makers, Local Governments and non-state actors in designing policies geared towards enhancing the Management of Sexual and Gender Based Violence in rural communities of Uganda and Apac District in particular.

Another finding was that 62% respondents indicated that survivors of Sexual and Gender Based Violence were afraid of societal humiliation when they report cases of sexual violence. This finding serves as an eye opener to elected and non-elected leaders (politicians, technical personnel and cultural leaders) as far as Management of Sexual and Gender Based Violence in Apac District is concerned.

The gender imbalance in the composition of LC courts increased women’s vulnerability to being discriminated LC courts while handling cases of Sexual and Gender Based Violence. According to findings 58% respondents suggested that women barely trusted the LC Courts in managing cases of Sexual and Gender Based Violence against women. This finding is useful for policy makers at the national level as a reference in reviewing National Policies which directly affect the Management of Sexual and Gender Based Violence in Uganda.

In addition, the above findings can be used as a basis for further research and investigation by other researchers because the study gives a detailed insight on the understanding of Socio- Cultural Factors which affect the Management of Sexual and Gender Based Violence in rural communities.

1.10 Justification of the Study

There is correlation between violence and socio-cultures within large, complex, and pluralistic societies, sub-groups learn and develop specialized norms and values through different associations and organizations that emphasize and justify the use of physical force above and beyond that which it regards as “normative” of the culture as a whole. Family and street violence, for example are viewed as the products of an exaggerated egos of masculinity or of machismo, characteristics of “lower class in society (Ferracuti & Wolfgang, 1969). Limited research however, focuses on the management of sexual and gender based violence in rural areas and the linkage between socio cultural factors and management of sexual and gender based violence. The study was justified because over the past decade, recognition of the scope and significance of management of SGBV globally has increased and there is growing body of evidence highlighting the magnitude of the problem of sexual and gender based violence in developing countries (IRIN, 2005) to which Uganda is. It was also evident that several factors were crucial for Management of Sexual and gender based violence. However, scholars looked at these factors in isolation whereas Apac District had a varying context. Secondly, some of their recommendations were not applicable to this study since somewhere conducted on different contexts of dimension other than socio-cultural factors. The study was conducted in Apac District where little if anything had been researched about socio-cultural factors affecting management of SGBV in rural communities.

1.11 Scope of the Study

1.11.1 Content Scope

The study was limited to socio-cultural factors affecting the Management of Sexual and Gender Based Violence (dependent variable) against women. Socio-cultural factors were categorized into bride price practices and cultural norms as its sub indicators and Management of Gender Based Violence constituted apprehension of offenders, reporting of cases and protection of survivors.

1.11.2 Geographical Scope

The study was carried out in two (2) sub counties of Apac (Apac and Aduku) district. Apac District is located in Northern Uganda, approximately 250 km (direct) from Kampala. It lies between longitudes 32o E and 34o E and latitudes 2o N and 3o N. It is bordered by the Districts of Kole in the North, Dokolo in the East, Masindi in the West and Amolatar District in the South through Lakes Kwania and Kyoga respectively.

1.11.3 Time Scope

The study focused on the time scope of 2008-2014 because this is the period (Trust Fund for Victims, 2014) during which cessation of hostilities by the LRA ended in Lango region and peace returned and therefore data was more reliable.

1.12 Operational definitions

Socio-cultural factors: In this study, Socio-cultural factors meant influence in the Apac derived from Langi customs, traditions, perceptions and beliefs.

Management of Sexual and Gender Based Violence against women: was understood as the ability of a woman to avoid and leave violent relationships, ability of the community and authorities to report cases, provide psycho-social support and protection of survivors of sexual and gender based violence Gender Based Violence: Gender-based violence is understood as any act of violence that results in physical, sexual, or psychological harm or suffering to women; including threats of such acts, coercion, or arbitrary deprivation of liberty, whether occurring in public or private life Sexual violence: The researcher adopted the definition by Centre for Disease Control (CDC, 2005) of sexual violence being any sexual act that is perpetrated against someone's will.

Rural Community: According to Uganda Bureau of Standards (2010), a rural community is a population of people living in rural areas. For this study, a rural community meant people living in Aduku and Apac Sub Sub county.

Cultural norms: Norms/rules or expectations of behavior within the Langi Culture.

Bride price, best called bride wealth, also known as bride token, is an amount of money, property or other form of wealth paid by a groom or his family to the parents of the woman he has just married or is just about to marry. Bride price can be compared to dowry, which is paid to the groom, or used by the bride to help establish the new household; and dower, which is property settled on the bride herself by the groom at the time of marriage. The bride price agreed may or may not be intended to reflect the perceived value of the woman.

Local Council Courts: These are established under the Executive Committees (Judicial Powers) Act.13 of Uganda. They basically address light civil matters that arise out of daily activities in their areas of jurisdiction and matters arising out of infringement of by-laws duly made under the Local Government Act (CMR, 2006).

CHAPTER TWO

LITERATURE REVIEW

2.1 Introduction

This chapter provides detailed explanations of the topic under study in relation to the study objectives while critically reviewing the literature and identifying gaps. These explanations were drawn from a variety of secondary sources which include: journals, publications, magazines, reports, text books among other sources. The information from the sources was directly related to the study objectives and this gave a clear understanding of the concepts under study. It provides the relationship between socio-cultural factors and the management of Sexual and Gender Based Violence. The chapter has the following sections: Introduction, Theoretical review, Actual literature review and Summary of the literature reviewed.

2.2 Theoretical review

The study was theorized along the Feminist Theory developed by Pence & Paymer (1993). Feminist theory in domestic violence emphasizes gender and power inequality in opposite- sex relationships. It focuses on the societal messages that sanction a male’s use of violence and aggression throughout life, and the proscribed gender roles that dictate how men and women should behave in their intimate relationships (Pence & Paymar, 1993). It sees the root causes of intimate partner violence as the outcome of living a society that condones aggressive behaviours perpetrated by men, while socializing women to be non-violent.

Proponents of feminist theory acknowledge that women can also be violent in their relationships with men; however, they simply do not see the issue of women abusing men as a serious social problem, and therefore, does not deserve the same amount of attention or support as violence against women (Kurz, 1997). The researcher fund this theory relevant to this study in that the component of this theory for example explained the correlation between socio-cultural factors and violence. This is in line with what this study seeks to investigate. According to Nolet-Bos (1999), the Feminist Theory is limited for explaining abuse perpetrated by women. Feminist theory typically explains women’s use of violence in the context of self-defense and retaliation for previous abuse. Yet, by doing so, a strictly feminist orientation denies that women can also feel angry and enraged without provocation in their relationships with men (Nolet-Bos, 1999). Additionally, while much of a woman’s use of violence does exist within the framework of retaliation and self-defense, feminist theory does not explain why women perpetrate violence outside their intimate relationships (e.g., at work, with children, or with peers).

Aspects in the feminist theory such as societal messages that sanction a male’s use of violence and aggression throughout life, and the proscribed gender roles that dictate how men and women should behave in their intimate relationships relates to socio-cultural factors. However, in adopting the Feminist Theory, the researcher is not ignorant of its shortcomings. It mostly empathizes intimate partner violence as a key factor affecting the management of gender based violence and ignores other factors like the composition of LC courts that also had equal influence on the management of gender based violence.

2.3 Actual Literature review

Sexual and gender-based violence includes domestic violence, sexual harassment, rape, sexual violence during conflict and harmful customary or traditional practices such as female genital mutilation, forced marriages , trafficking in women, forced prostitution and violations of human rights in armed conflict (in particular murder, systematic rape, sexual slavery and forced pregnancy), forced sterilization, forced abortion, coercive use of contraceptives, female infanticide and prenatal sex selection.

Violence against women is ‘all acts of gender-based violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life (UNFPA, 2012).

According to the Population Council (2011), Management of Sexual and Gender Based Violence is understood as the ability of a woman to avoid and leave violent relationships, ability of the community and authorities to report cases, provide psycho-social support and protection of survivors of sexual and gender based violence.

In this study, the literature reviewed was examined under the sub-themes of Bride price practices and Management of Sexual and Gender Based violence, Cultural norms and Management of Sexual and Gender Based Violence, Composition of LC Courts vis-à-vis the Management of Sexual and Gender Based Violence.

2.3.1 Bride Price Practices and Management of Sexual and Gender Based Violence

Historically, bride price exchange has been an important integral part of marriage rites and ceremonies in African culture. It involves exchange of materials or money from the man's to the woman's household, but practices differ between communities. In most, it is men folk who participate in discussions that determine what, how much and how such a payment is made. Pride price -related violence is a serious problem that affects the lives of women and girls. Dowry includes gifts, money, goods or property given from the bride’s family to the groom or in-laws before, during or any time after the marriage (UN DAW, 2009).

In Africa, the acts used in dowry-related offenses include physical, emotional, and economic violence, as well as harassment and stalking as means to exact compliance or to punish the victim. Women often struggle with bringing successful claims of bride price-related violence, as emotional and economic violence are difficult to prove in a court of law. The most common forms of bride price violence are battering, marital rape, acid pouring and other forms of violence. Perpetrators may also use methods of starvation, deprivation of clothing, evictions, and false imprisonment as a method of extortion (Praveen, 2000).

Silberschmidt (2002) asserts that, bride price payment has implications on gender relations, values, expectations and roles. In her ethnographic studies in Kiisi District in Kenya, Silberschmidt conceptualized violence as a problem of transition from traditional to modern society. She found that men seemed to have lost identity and their position was weakened by altered gender relations following modernization, resulting into gender antagonism regarding perceived roles.

A MIFUMI (2012) study also cites bride price as challenge to the Management of Sexual and Gender Based Violence. Because men pay “highly” for the women they marry, concern is raised that men can do anything they want to women and get away with it. “A man will say he is beating his cattle -“paid as bride price ” .

A 2005 study on Sexual and Gender Based Violence (SGBV) by Gulu District Working Group on sexual and gender based violence established that pressure from parents and the community at large especially on the girl child for example “why are you still in school yet you already have big breasts, you are useless and a liability to the family”. Such statements have discouraged girls from continuing with school but instead choose to enter early marriages. In addition, this has made it difficult for defilers to be apprehended since the defilers do this with “blessings” from the girl’s family and community. The study further noted that forced marriages are a common phenomenon due to poverty. This is mainly due to the perception that girls of adolescent age can marry and reduce ‘the mouths to feed ‘in the household and other responsibilities. The girls are also a source of income due to dowry and other gifts in marriage (Isabella et al, 2005) A 2011 report by ACFODE, ascertained that the community believes that men are the controllers/owners of resources that is culturally normal. In the family, the husband decides on how, when and where to use or not to use a particular resource regardless of the woman’s consent. Equally, he does the same to determine when, where and how sex should be conducted. This means the case of marital rape is not recognized. Cases of marital rape and divorce are often dismissed as a ‘family affair’. Women don’t have any right to own/inherit property for they themselves are also a man's property.

Lesile (1998) demonstrated that, “dowry/bride price deaths” are not always what they seem. Leslie asserts that women and girls are dying and are being abused without perpetuators (abusers) being brought to book. Notably, Lesile acknowledges that dowry is often used as an excuse by perpetrators of violence against women and as a convenient label for those who wish to press charges. However, Leslie tries to identify other factors such as the institutionalization of the vulnerability of women, and the perceived internalized and socially reinforced ideology of the inferiority of women that constitute the real problem and not dowry.

Furthermore, Amnesty International (2012) study also cites other factors such as financial dependence on the perpetrators of sexual and gender based violence as fueling the vice. This is because the survivor of violence does not report to police or clan structures because doing so would be to their detriment as they depended on the perpetrators for financial support. In some cases it was the abusive spouse who depended on them and the domestic violence often entailed their husbands depriving them of their property and farm produce. This seems to confirm with a study by FAO, (2009) in Apac district which affirms that some women in rural areas are also forced to exchange sex for material goods, which in turn can be the cause of other forms of violence and abuse against them. The study concluded that economic restrictions and gender inequalities were the main causes of Management of Sexual and Gender Based Violence.

2.3.2 Cultural Norms and Management of Sexual and Gender Based Violence

Cultural and social norms vary widely; some behavior acceptable to one social group, gang or culture may not be tolerated in another. Different cultural and social norms support different types of violence. For instance, traditional beliefs that men have a right to control or discipline women through physical means makes women vulnerable to violence by intimate partner and places girls at risk of sexual abuse with no alternatives for reporting such incidences (Jeannie, 2010).

According to Bloomquist (1989), Management of Sexual and Gender Based Violence can be seen as the result of patriarchal social constructs which define the relationship between women and men as one of subordination and domination. If an individual’s identity is based on exercising control over another then that individual is likely to be tempted to make sure that their sense of control is maintained. The feeling of powerlessness and societies emphasis on violent imagery increases the temptation to resort to violent control of women in order to assert manhood and a sense of personal power that is not being achieved outside of the home.

Chapell (1998) urges that, justification for violence is frequently based on cultural norms that is, social norms about the proper roles and responsibilities of men and women. These cultural and social norms socialize males to be aggressive, powerful, unemotional, controlling and contributing to a social acceptance of men as dominant. Similarly, expectations of females as passive, nurturing, submissive, and emotional also reinforce women's roles as weak, powerless, and dependent upon men. He further argues that the socialization of both men and women has resulted in an unequal power relationship between men and women.

ACGSD (2011) report affirms that one of the major obstacles to the prevention, reduction and eradication of gender-based violence is that it remains largely invisible and its victims largely silent, due to both a wide socio-cultural acceptance of this form of violence as well as the stigma attached to the victims of gender-based violence.

The normalization of violence is partly reflected in the internalization by women of social cultures that tolerate abuse against women and girl children, for example, according to the UBOS and ICF Macro (2013), about “Six in ten women (58%) believed that neglecting a child, denying a husband sex, burning food, disobeying their husbands or being unfaithful would justify a husband’s violence (UBOS, 2012).

Christine et al., (2005) also noted that, the ‘blurred boundary’ between what is recognized and defined as SGBV and what used to be considered simply normal interaction between men and women tempers the reaction of many women and constraints the reporting of cases of SGBV in rural areas. In particular: defilement, wife inheritance is not considered as SGBV cases, because they are culturally acceptable. Women hesitate to identify sexually harassing behavior as inappropriate. For example, women may consider pushes, slaps unwanted touches and sexual remarks about body parts to be insignificant and fail to mention or report them.

Isabella & Gerald (2005) while in a study on justice for survivors of Sexual and Gender Based Violence in Pabbo camp established that the community regards rape as an abomination that needs traditional rituals to purify and cleanse the rape victim. The survivors can’t report cases because it’s regarded as a disgrace to the family and community. Other abominable cases include defilement, child molestation and marital rape. Findings from the study indicated that few of GBV cases are reported to the police/local leaders especially if it involves law enforcement officers and that forced widow inheritance according to culture is perceived as a normal practice and a woman has no stay over it.

According to Hartmann & Boyce (1983) most women, submission to physical beatings and verbal abuse is not too high a price to pay for social approval and physical survival. The internalization of prevailing attitudes, which view women as inferior and domestic violence as a "man's right", also explains why many cases of domestic violence are never reported. However, Hotaling & Sugarman (1986, 1990) more specifically showed that violence in men's family of origin and negative attitudes about women consistently predicted relationship violence in men. Little is known, however, about the origins of these associations between belief systems, violence against women and reporting of violent acts against women.

Lastly, Dutton (1994) further argues that it is the diagnosable psychopathology of batterers that leads some men to adopt patriarchal ideology after the fact of abuse to rationalize and justify their own behavior. Dutton focuses on the temporal links between domestic violence, a belief in patriarchal and stereotyped family values, and psychopathology in the individual and not necessarily cultural norms.

2.3.3 Composition of Local Council Courts (LCC) and Management of Sexual and Gender Based Violence

In most African communities there have always been mechanisms to address sexual and gender violence against women. Clan heads, elders, religious leaders and family members play a big role in settling conflict in communities (ACFODE, 2012). In Uganda, the Local Council Courts (LCCs) structure was created to make justice more accessible to the grassroots communities. Like other courts of judicature, the LCCs empathize the principles of natural justice (fair hearing). Each party is given an opportunity to present or defend himself/herself. LCCs also allow appeals whereby matters from LCCI are referred to LCCII while LCCIII is the appellate court for LCCII.

The LCCs have powers to enforce the punishment as per the judgment. Their decisions are backed by a force of laws. The witnesses are normally called to help the court ascertain the truth. These include the neighbors and close members of the family in the community mentioned in the case or those deemed fit to give necessary information. Children are not invited but can be contacted for some information after the LCCs have concluded their investigations. Any party dissatisfied with judgment, is given a letter forwarding him/her to the LCCII as the laid down appeal process up to the LCCII (MGLSD, 2001).

Ordinarily, Local Council leaders are supposed to be the first ones to respond to complaints of sexual and gender based violence due to their accessibility. By virtue of their proximity, they know almost all people in a given locality and it can easily ascertain cases in given families. They also command people’s trust and if called upon, are likely to arbitrate in fighting families or couples (ACFODE, 2012).

However, a study by American Refuge Council (2005) in northern Uganda established that there is an overwhelming distrust of the authorities and the police by the local community who are conservative and prefer to settle the cases of sexual and gender based violence like defilement, rape without the involvement of the police or local authorities. The study particularly established that this distrust is as a result of the high level of corruption and nepotism associated with the police and local authorities. In addition, the victims or the community is discouraged from reporting to the police or LC court because of the costs involved. For instance due to lack of resources, the police demands a fee of 30,000Shs to transport the perpetrators from Pabbo to Gulu town (Central Police Station), and the LC courts demand anon refundable fee of 5,000 for ones case to be heard. But because of the levels of poverty in the camp the cases are thus not reported and are instead solved traditionally through some cleansing rituals.

According to ACORD (2010), it is not just the composition of LC courts that limits the management of SGBV cases by Local Council Courts but other factors for example; harsh investigations of SGBV cases cause further psychological and sometimes even social injuries to the victims. The report further notes that court negotiations last a number of months during which the victim’s name and all of the details of her personal life is made public, causing her repeated social damage, so to avoid this lack of confidentiality, the victims don’t report the cases.

A Report on Accesses to Justice by women ACORD (2010) summarized the problems with the justice system and LCCs in northern Uganda as ‘ the Local Councils Courts fraternity is not responsive to the needs and the constraints of the woman. ’ In particular, the report asserts that since men dominate many of the courts, few of the members are willing and have the capacity to help women. In addition, the courts do not have a women’s desk to help in specific gender roles; and yet the issue of SGBV is very sensitive and thus victims or those who have been assaulted may feel more comfortable talking to a female officer than a male. The situation is worsened by the fact that culturally women do not feel free to speak certain things in the presence of certain people. Often, for example women feel constraint speaking about sexual matters in the presence of their father-in-law.

A 2008 situational analysis by Uganda’s Ministry of Gender Labour and Social Development also found that women experiencing violence are most likely to have sought help from their own family (48%) followed by their in-laws (39%) with the rest from friends and neighbor. The report further eludes to the fact that despite the existence of a formal justice system, very few survivors of Sexual and Gender Based Violence access this path way (MGLSD, 2013).

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