INTRODUCTION

Adroa, a 30 year-old woman, lives in a rural village in Northern Uganda with her three children and long-term boyfriend, who she refers to as her husband. People in her village describe her as kind and full of laughter. She makes barely enough to feed her family by selling food at the local market, and her boyfriend finds work, when he can, driving his small motorcycle (referred to locally as a bodaboda), transporting people from place to place. The average person passing Adroa’s smiling face on the orange dirt road outside her village would never know that Adroa lives in a home where she is constantly abused by her boyfriend. From being violently raped when her boyfriend comes home drunk to being beaten when she disagrees with him, she has learned to suffer through the abuse with a smile on her face just like her mother and grandmother did before her. When asked why she does not report such abuse, she responds, “What am I to report? My mother, her mother, and my grandmother’s mother all lived the same type of life. We endure or we risk losing our homes, families, and children. I pray he does not kill me, but I do not have much choice.” Adroa will likely never report the abuse she has suffered at the hands of her boyfriend.1

Abenaa is a 26 year-old woman living in the Ashanti region of Kumasi, Ghana, with her three children and husband. She works as a seamstress and provides approximately half of the family’s income. Her husband finds work building when he can. Abenaa loves ice cream and spending time with her children. She is well-known in her community and sings at church on Sunday mornings. However, Abenaa harbors a similar secret. She, like Adroa in Uganda, suffers physical and mental abuse at the hands of her husband. Her husband likes to drink and will beat her when they disagree. Though she does not claim to have been raped by her husband, she does admit to being abused. Like Adroa, she lives in a small community where wives stay with their husbands for life despite the husband’s abuse or infidelity. However, unlike Adroa, Abenaa was told about Ghana’s Domestic Violence Victims’ Support Unit (DOVVSU). She filed a report with DOVVSU, which investigated her case of abuse. Thanks to the investigation, evidence was provided to Abenaa’s attorney and her case against her abusive husband has been filed with the court. Though awaiting trial, Abenaa no longer lives with her husband and has moved to the city of Kumasi with her children, where she works and finds support through her new church.2

Nelson Mandela stated, “[F]reedom cannot be achieved unless women have been emancipated from all forms of oppression.”3 Domestic violence constitutes a form of discrimination and oppression in Africa, especially in Ghana and Uganda.4 Ghanaian and Ugandan women live with an inordinately high risk of being a victim of domestic violence due to the Ghanaian and Ugandan custom of treating a wife as property.5 However, both Ghana and Uganda are known for their relatively advanced legal systems on the continent of Africa. 6 Despite having advanced legal systems and having passed similar laws against domestic violence, the response in the two nations has been drastically different.7 In that vein, both countries passed a Domestic Violence Act – Ghana in 2007 and Uganda in 2010.8 However, the courts in Ghana have prosecuted many more cases in the past nine years using Ghana’s Domestic Violence Act than Uganda, which seems to have only prosecuted one case using the Domestic Violence Act in the past six years.9

This Note seeks to differentiate between the two Domestic Violence Acts and governmental changes that followed from the passage of these Acts to determine why Ghana has done a greater job implementing the Act than Uganda. Section I introduces the topic of domestic violence by telling the stories of women living in Uganda and Ghana. Section II will provide an overview of domestic violence, including the history of domestic violence in Ghana and Uganda. Section III examines the Domestic Violence Acts of both Ghana and Uganda and other relevant law from each country. Section IV discusses the hurdles to defeating domestic violence in Africa. Section V then compares the tactics taken in each country against domestic violence and makes recommendations for improvement in Uganda’s approach to defeating domestic violence.

I. OVERVIEW OF DOMESTIC VIOLENCE

No typical victim of domestic violence exists, as victims come from all ages, ethnicities, religions, and sexual orientations. However, most domestic violence occurs due to the power inequality in a relationship between men and women; thus, women tend to be the victims.10 Domestic violence has been defined by the United States Department of Justice as “a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner.”11 Physical or sexual abuse tends to be the most common form of domestic violence and includes “hitting”, “slapping”, “biting”, “denying a partner medical care”, “forcing . . . drug[s] . . . [on a partner]”, “marital  rape”, “treating [a partner] in a sexually demeaning manner”, and forcing any sexual act on a partner without consent.12 However, domestic violence includes more than just causing harm physically or coercing someone to commit a sexual act through the threat of physical harm. Domestic violence also includes both economic abuse through the deprivation of economic or financial resources and emotional, verbal, and psychological abuse through a pattern of degrading or humiliating conduct towards a victim using insults, name-calling, threats, possessiveness, or abuse of a minor. 13 “Domestic violence can [also] result in physical injury, psychological [abuse, [or] . . . even death]”.14

Victims of domestic violence suffer from emotional trauma at the hands of the perpetrator.15 Victims may experience an array of emotions both during and following the relationship with their offender.16 Some of those emotions include the following: isolation, depression, helplessness, wanting to escape the relationship, embarrassment, emotional withdrawal, aggressiveness, financial dependence on the abuser, shame, suicidal thoughts, alcohol abuse, religious reasons for staying in the relationship, fear of no support if they leave, and/or distrust of law enforcement or the court systems.17 Even if a victim is able to escape the relationship, victims often must live with long-lasting effects on their health, including physical problems, psychological damage, negative views of other relationships, and inability to support themselves and their families.18

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† Mary Elizabeth “Reagan” Hinton received her J.D. from Regent University School of Law in 2017.

1 Interview with “Adroa” in Northern Uganda (Names have been changed to protect the privacy of the subjects of this story).

2 Names have been changed to protect the privacy of the subjects of this story. Interview with “Abenaa” in Kumasi, Ghana (Names have been changed to protect the privacy of the subjects of this story).

3 Nelson Mandela, President of S. Afr., State of the Nation Address (May 24, 1994) (transcript available at Nelson Mandela Found.: O’Malley Archives, https://www.nelsonmandela.org/omalley/index.php/site/q/03lv02424/04lv03370/05lv03427.htm).

4 Takyiwaa Manuh, African Women and Domestic Violence, OPENDEMOCRACY (Nov. 26, 2007), https://www.opendemocracy.net/content/african-women-and-domestic-violence.

5 Gender Studies & Human Rights Documentation Center., Facts on Violence Against Women in Ghana (Mar. 2011), http://gendercentreghana.org/wpcontent/uploads/2015/04/Facts-on-Violence-gainst-Women-mar-2011.pdf; Human Rights Watch, Just Die Quietly: Domestic Violence and Women’s Vulnerability to HIV in Uganda (Aug. 2003), https://www.hrw.org/reports/2003/uganda0803/uganda0803full.pdf [hereinafter Just Die Quietly].

6 See Asante Fordjour, What is Wrong with Ghana’s Legal System?, JUSTICEGHANA, http://justiceghana.com/blog/law-justice/what-is-wrong-with-ghanas-legal-system/ (last visited Sept. 30, 2017); Brenda Mahoro Updated by Lydia Matte, UPDATE: Uganda’s Legal System and Legal Sector, N.Y.U. L. GLOBAL: GLOBALEX (Oct. 2016), http://www.nyulawglobal.org/globalex/Uganda1.html.

7 See infra Part IV.

8 See generally Immigration and Refugee Board of Canada, Ghana: Domestic violence, including protection, services and recourse available to victims, GHA103468.E (June 10, 2010), https://www.justice.gov/sites/default/files/eoir/legacy/2014/09/25/GHA103468.E.pdf [hereinafter Immig. & Refugee Bd. of Can., Ghana]; Domestic Violence Act, 2010 (Uganda).

9 See generally Uganda v. Kamuhanda, Uganda Legal Information Institute (ULII), (HCT-01-CR-SC-0024 of 2012) [2014] UGHCCRD 21 (Feb. 13, 2014) (discussing the newly recognized precedent under the Domestic Violence Act of 2010).

10 Strengthening Health System Responses to Gender-based Violence in Eastern Europe and Central Asia: Defining Gender-Based Violence, HEALTH-GENDER VIOLENCE, http://www.health-genderviolence.org/training-programme-for-health-care-providers/factson-gbv/defining-gender-based-violence/21 (last visited Sept. 22, 2017) [hereinafter Strengthening Health System].

11 Domestic Violence: What is Domestic Violence?, DEP’T JUST.: OFF. ON VIOLENCE AGAINST WOMEN, https://www.justice.gov/ovw/domestic-violence (last updated June 16, 2017) [hereinafter DEP’T JUST.: OFF. ON VIOLENCE AGAINST WOMEN].

12 Id.

13 Id.

14 Learn More: What is Domestic Violence?, NAT’L COAL. AGAINST DOMESTIC VIOLENCE (NCADV), https://ncadv.org/learn-more (last visited Sept. 22, 2017). 15 Michael O. Schroeder, The Psychological Impact of Victim-Blaming – and How to Stop It, U.S. NEWS & WORLD REP. (Apr. 19, 2016, 11:20 AM), https://health.usnews.com/wellness/articles/2016-04-19/the-psychological-impact-of-victimblaming-and-how-to-stop-it.

16 The 4 Stages of Battered Woman’s Syndrome, LAWS, http://marriage.laws.com/domestic-violence/battered-person-syndrome/stages-of-batteredwomens-syndrome/stages-of-battered-womans-syndrome (last visited Sept. 22, 2017).

17 See Emotional and Physical Reactions to Violence and Abuse, OUR BODIES OURSELVES (Mar. 14, 2005), http://www.ourbodiesourselves.org/health-info/emotional-andphysical-reactions-to-violence-and-abuse/; Why do Abuse Victims Stay?, SUDBURYWAYLAND-LINCOLN DOMESTIC VIOLENCE ROUNDTABLE, http://www.domesticviolenceroundtable.org/abuse-victims-stay.html (last visited Sept. 23, 2017).

18 See Samantha Gluck, Effects of Domestic Violence, Domestic Abuse (On Women and Children), HEALTHY PLACE, https://www.healthyplace.com/abuse/domestic-violence/effectsof-domestic-violence-domestic-abuse-on-women-and-children/ (last updated May 26, 2016).

 

ABSTRACT

Without self-sustaining commerce, developing countries cannot move towards the recognition of basic human rights and twenty-first century living standards. The purpose of this article is to explore the legal and economic theories of taxation and tariffs applied to the elements of civic infrastructure: a robust physical transportation system and an economic structure. This article advocates for conforming trade union policy towards an efficiency hypothesis method dubbed “tax minimalism theory” that espouses tax theory norms: fairness, efficiency, and simplicity of administration. Applying this theory, this paper will critique newly implemented tariff laws in West Africa by the Economic Community of West African States for its adverse effects on the transportation sector and laissez-faire trade liberalization in Ghana and Nigeria.

INTRODUCTION

Human rights mean nothing to a nation without economic structure to promulgate human dignity and prosperity. 2 Without access to basic provisions, such as food,3 water, and comfortable shelter, people do not engage in economic cooperation and civic discourse. 4

To move society towards the recognition of basic human rights by closing the gap in income disparity, there are several necessary elements to foster a twenty-first century economy in the developing world. 5 The purpose of this Note is to explore what each of these elements are and how to apply them. Part I states that infrastructure is the foundation to advancing economic development in two-fold design: (1) a robust physical transportation system and (2) an economic structure in trade union policy. Part II advocates for a fair taxation system in cross-border commerce and legal codes promoting diverse business and capital generation to ensure the sustainability of infrastructure to bridge the commercial gap between cities and rural regions. Also, there must be a method to ensure enforcement of an economic infrastructure by managing foreign capital to a high degree of professionalism and honesty. Lastly, Part III applies the new paradigm of tax minimalism theory as an efficiency hypothesis to foster economic infrastructure that shapes trust in public institutions, national identity, and base development. In short, this Note will critique the Common External Tariff (CET), newly implemented by the Economic Community of West African States (ECOWAS), and its adverse effects on trade liberalization compounded with Value-Added Taxes (VAT), and further excise taxes in Ghana and Nigeria. The compounded levies continue to promulgate restrictive trade policies on food, consumer products, and particularly specific goods for economic development crucial to transportation infrastructure. The solution posited is lowering import tariffs and code reformation to incentivize foreign investment in West African countries through an innovative methodology dubbed “tax minimalism theory.” This theory is inspired from aesthetic design principles from a broad range of artistic professions to conform to the policies espoused by tax theorists: fairness, efficiency, and simplicity of administration.

I. GENERATING THE IDEA OF SUSTAINABLE INFRASTRUCTURE

Experts are universally in agreement that the foundation in solving economic challenges in the developing world begins with infrastructure.6 However, without the means to sustain a robust network of ports, roads, communications, and power generation, a nation will only survive in the modern world for a brief season. 7 With the absence of a proper central government authority, a local population can only expect more social destabilization and a lack of their most basic human rights to development.8

Likewise, the same sustainability problems plague developed countries and their transportation infrastructure systems, as in the case of the United States for example. 9 Studies have shown that the United States has serious infrastructure problems 10 because of a lack of transport network maintenance and new infrastructure projects to streamline commerce and transportation. The same infrastructure sustainability problems can be said for much of the developed world, which sorely needs external investment to fund critical transportation needs. 11 Before investment opportunities in infrastructure development can commence on the African continent, there is a need for liberalized trade laws to foster the self-replenishing cycle of a transport system.12 But to create the cycle, raw infrastructure materials and assembled machinery must be imported from the developed world in the most efficient and cost-effective manner.13

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† This title is an homage to the renowned African novel on postcolonialism. CHINUA ACHEBE , THINGS FALL APART (1958).
†† Regent University School of Law, J.D. 2016. Mr. Gamboa received his Bachelor of Music magna cum laude with a double major in Violin Performance and Political Science from the John J. Cali School of Music and Montclair State University in 2012. Special thanks to Professor Kathleen McKee for her expert guidance and the staff of the Journal of Global Justice and Public Policy for their insight into the nuances of international law.
1 CHINUA ACHEBE , THE AFRICAN TRILOGY : THINGS FALL APART , NO LONGER AT EASE, AND ARROW OF GOD 136 (2010).
2 William Armbruster, Africa Road Less Travelled, T HE JOURNAL OF COMMERCE, (Mar. 15, 2010), http://www.joc.com/regulation-policy/africa%E2%80%99s-road-less-travelled_20100315.html (explaining that experts point to the first economic challenge to Africa, which is infrastructure); Glen T. Martin, Freedom, Economic Prosperity, and the Earth Constitution, RADFORD UNIV . (Dec. 2010), http://www.radford.edu/gmartin/Freedom.Economics.CFE.Nov.10.htm.
3 Faajir Avanenge, Effects of Market Infrastructure and Poor Access to Markets on Marketing of Grains in Selected States of Northern Nigeria, West Africa, 9 J. BUS. & RETAIL MGMT . RES. 110, 116–17 (2015) (concluding that there is a significant relationship existing between poor access to markets and marketing of grains in the states north of Nigeria).
4 Armbruster, supra note 2 (“Port congestion and poor roads hamper the development of agriculture,” the sector with the greatest potential for Africa’s economic development, because the continent has the potential to not just feed itself, but to export.); Wangari Maathai, Bottlenecks to Development in Africa, GREEN BELT MOVEMENT (Aug. 30, 1995), http://www.greenbeltmovement.org/wangari-maathai/key-speeches-and-articles/bottleknecks-to-development-in-africa.
5 G.A. Res. 41/128, annex, art. 8, Declaration on the Right to Development (Dec. 4, 1986).
6 Armbruster, supra note 2.
7 Id.
8 U.S. INST. OF P EACE, GOVERNANCE , CORRUPTION, AND CONFLICT, 1, 9, 13, (2016), http://www.usip.org/sites/default/files/ETC-D/NPEC/480021.PDF.
9 Ambe J. Njoh, Impact of Transportation Infrastructure on Development in East Africa and the Indian Ocean Region, 138 J. URB. PLAN . DEV. 1, 1–3 (2012).
10 AARON M. RENN, BEYOND REPAIR ? AMERICA’S INFRASTRUCTURE CRISIS IS LOCAL , 41 MANHATTAN INST. FOR POLICY RES. ISSUE BRIEF 1–2, 5 (2015) (noting that the major
problems are at the local level without federal funding and suggesting that new and regular projects are passed over by cheaper and underfunded methods, which increases the cost of
maintenance over time).
11 Rabah Arezki, Patrick Bolton, Sanjay Peters, Frederic Samama, and Joseph Stiglitz, From Global Savings Glut to Financing Infrastructure: The Advent of Investment Platforms, IMF W ORKING P APER (Feb. 2016), https://www.imf.org/external/pubs/ft/wp/2016/wp1618.pdf.
12 Kelly Mua Kingsley, Infrastructure Development in Fragile Economies Will Foster Better African Integration, AFRICA POL. J. 1, 3 (Apr. 25, 2016), https://apj.fas.harvard.edu/infrastructure-development-in-fragile-economies-will-foster-better-african-integration/.
13 Armbruster, supra note 2.