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PRESS RELEASE

PRESS RELEASE

Breaking Barriers: Institute for African Women in Law Launches Bold Gender Equality in Law Campaign (GELC) ACCRA, Ghana: The Institute for African Women in Law (IAWL), a non-profit organization committed to globally empowering African women in law, has launched its continent-wide Gender Equality in Law Campaign (GELC). The campaign aims to raise awareness about the challenges women face in the legal profession.  The GEL Campaign aims to advocate for institutional and policy reforms to create a more inclusive work environment. This is part of the second phase of IAWL’s Women’s Excellence in Law and Leadership Initiative and builds on findings from IAWL's research on women in law and leadership  (WILL Reports, 2023). The reports identified sexual harassment, unequal pay, low promotion opportunities, gender biases, and stereotypes as challenges that significantly hinder women's progress and leadership potential. The Campaign uses evidence-based research, stakeholder engagement, and public advocacy to ignite policy reforms for equitable and women-inclusive institutional practices and policies that support women’s career development and leadership.   Prof. Jarpa Dawuni, Founder of IAWL, shared her thoughts about the campaign:  “Through the Gender Equality in Law Campaign, we hope to create awareness and promote a more inclusive legal industry. The campaign has the following goals: to create awareness about the institutional and structural challenges women face in the legal profession, advocate for policy and practice reforms, and call for the adoption and activation of  institutional policies and practices that champion women-inclusive workplace cultures.” Ms. Adelaide Benneh Prempeh, GELC Ambassador and Managing Partner of B&P Associates, Ghana, also added that “ Gender equality is not about giving women a leg-up; it is about creating a level playing field for each individual to have equal opportunity to succeed” . The campaign promises to unite individuals, organizations, and institutions to join this critical movement toward gender equality in the legal profession.  For more information on the Gender Equality in Law Campaign (GELC), visit www.africanwomeninlaw.com/gelc .

Addressing Bullying and Sexual Harassment in the Legal Profession: A Call for Change

Addressing Bullying and Sexual Harassment in the Legal Profession: A Call for Change

Adv. Kemi Behari MALE Ally and Board Member Institute for African Women in Law In the legal profession, we spend the majority of our time each day in the workplace. We interact with colleagues and stakeholders focusing on official functions. Rarely do we consider our own safety and the impact of our actions and inactions on others,  and our own safety. Most incidents of bullying and harassment are predominantly targeted against women judicial officers and lawyers and are very often from male colleagues and managers. My perspective is supported by regular national and international reports on issues ranging from gender-based violence to sexual harassment and exposure of women judicial officers and lawyers, and support staff.   Workplace bullying Workplace bullying manifests in various forms but may generally be described as repeated, overbearing or overpowering conduct by one person on another. Bullying is aimed at diminishing the power, dignity and mental well-being of another person (usually women) to break or reduce the victim to a state of despair resulting in physical, emotional or mental harm. Persistent bullying, left unaddressed will result in damage to the victim, the organization and to the fraternity. This conduct MUST be curbed.   Sexual harassment Sexual harassment is also a scourge targeting women, legal professionals, and support staff. Sexual harassment, in my view, includes unwelcome sexual advances, requests for sexual favors, and other sexual, verbal or physical acts. This is serious behavior amounting to misconduct and unlawfulness and must be addressed from the highest echelons. Many countries have progressive legislation and policies, but the will and commitment to seriously address this menace is often lacking.   Targeting women   Patriarch and gender discrimination have been weaponized to protect male interests and power. The legal profession, often considered a protector of rights and freedoms, unfortunately, has not been an exception. Headed by men in various eras, it is somewhat not shocking that in South Africa, the first woman allowed to practice as an Advocate was in 1923, and the first woman Deputy Chief Justice Mandisa Maya was only appointed in 2022.  Certainly, there must be more progressive stories for women judicial officers and lawyers. The patriarchal and gender discriminatory conduct of most  men persists t often relegating women in the profession  to subordinates.  For instance, women who are confident and qualified must be suppressed from ascending to higher career positions at work (general patriarchal conduct), women seeking to ascend to higher career positions must be stifled unless certain sexual favours are received, young women staff who are perceived to be under the control of male superiors may be requests or ordered to perform sexual functions. Often, the process starts with bullying and ends with sexual harassment and more serious acts of sexual violation.   Call to Action: What must be done by law firms and judiciaries? Effectively implement legislation to ensure not only gender parity in the workplace but also exceed the gender targets in favor  of women to address serious historical imbalances of the past. Consider the evidence provided by research and , develop and implement legislation and policies   to address these gaps. Set up special forums to address sex ual harassment and sexual misconduct . Expedite processes to investigate, prosecute and punish acts of bullying and sexual harassment. Establish s upport syst ems and special remedies for victims of bullying and sexual harassment.

Unpacking the Gender Equality Struggle in Senior Legal Positions

Unpacking the Gender Equality Struggle in Senior Legal Positions

David J. Sachar, J.D. Director, Center for Judicial Ethics – National Center for State Courts  Equality is a cornerstone principle for a free society. Without gender equality, the legal profession is not living up to that ideal. The legal system should be a leader – a beacon of progress for equal rights. If the public can see a lack of gender equality in the courts and legal profession, why would they believe that the system is fair? Gender equality is a necessary goal for the legal profession.   First, we must address the fact that gender equality is a major issue and how it became so. “When it comes to gender equality, things are much better in 2023 than they were 50 years ago.” Pithy statements like that are often recited. There are two main problems with being satisfied with that kind of benchmark. First, the goal is equality – not mere improvement. Secondly, there is a lack of understanding of just how unequal the world has been for women to advance in professions. Often cited examples from the early 20th century are eye-opening – but can be discounted because “that was a long time ago”.   In more recent decades, the battle for women to be safe, much less accepted in a profession like the law, has been daunting. And maybe forgotten. Leaders in law firms grew up with these facts – no doubt leading to implicit bias that remains. In the United States, women could still be terminated for being pregnant – until 1993. This is just one of a few examples that created an overt and covert layer of bias. The result was an exclamation, “Women cannot handle their own business – they need men to guide them. They are not equal.” The power structure, men who are now in their 60s and 70s, were engrained with these views of women from advertising, television, and the law itself. We should not be surprised that the result was that even when women were welcomed into the profession – assuming “welcomed” is the right word – they were not considered serious candidates for leadership or fiduciary roles in law firms. The impact of biased policy and law was to make women less likely to pursue managerial positions or to be considered for them.   Recently, the United States has shown a notable increase in professional equity by women in law firms in the years leading up to 2020. But there are also indications that the global pandemic slowed that growth. As has been the case in the workforce, women are affected by absence when taking off time for family, childbirth, and other responsibilities. Many articles detail the inequity with numbers, statistics, and other evidence-based research. Suffice it to say that women are still negatively affected by a lack of opportunity and by the legal workplace being less conducive to the additional responsibilities they have at home.   However, great opportunities are coming. A growing number of women are pursuing legal education. In the United States, as of 2020, over 54% of law students are women - according to the American Bar Association. The legal profession should not just wait for women to rise in the profession based on numbers, though. There are also plenty of studies to show that even when the numbers are closer to equal in participants, an unequal number of men are selected for managerial positions. The changes must occur now. Those changes are not made using mere ratios – there should be policy and framework reconstruction that will create the environment for gender equality in senior levels of the profession. These include:   o   Education and training. Law firms and the legal profession in general should host training sessions that reinforce our industry's commitment to equality. This would include sexual harassment and bystander training.   o   Noting that training is vital – it must be promoted by management, attended by management, and presented in cooperation with management. Training cannot appear to be “for the young people” or the “next generation”. It should be seen as something that applies to all.   o   Check and revise the standards for performance evaluation. Are they based on male paradigms? Do they covertly set up women by using coded standards? Are there metrics that will make family leave look like objective negatives in the evaluation process?   o   Policy is set by management. Management is old and male. A wholesale examination of law firm policy should be undertaken. Women should be allowed to opine on the effect of policies on their ability to be promoted or to perform the duties of leadership.   o   Men in leadership roles should have a plan. What can be done to ensure gender equality in the future for a law firm, government office, or judicial staff? Are there hiring practices that create equal opportunity for new clerks and employees?     o   Men should find ways to encourage women to seek management roles and champion opportunities for women. Positions, awards, speaking, writing, and projects should all be conducted with an eye on gender diversity.    o   And men should encourage other men to speak up on the issue of the work needed to promote a truly equal legal workplace. Men in leadership positions should be vocal. They should make it known that they value female colleagues. It should be clear that men are on the side of equality.     o   Being an ally takes effort, as does ignoring the obvious gender equality issues we face. As Margaret Atwood wrote in her novel The Handmaiden’s Tale, “[w]e lived, as usual, by ignoring. Ignoring isn't the same as ignorance; you have to work at it.” Men in the legal profession will have to decide whether to put their effort into being allies or on the wrong side of history in the struggle for equality.    o   Law firm leaders should openly, boldly, and actively let people know where they stand. A known goal of equality in leadership opportunity must be transparent in management planning. Being a clandestine supporter will not change the world. It rarely, if ever, truly has.    Change will occur when work is done. Then the legal profession will clearly appear to be a leader in gender equality. The opposite is true when courts, law firms, teaching panels or other groups in the legal profession do not have gender inclusion it sends a message. The message is that women are not needed, not experts or not leaders. None of these messages are true. But the lack of inclusion can perpetuate those lies and embolden those who oppose gender equality.      Gender equality in the legal profession has gained traction in terms of total numbers. But high-ranking and leadership roles are still lagging. It is incumbent upon the members of the bar to study the reasons for the gap, resolve to change the status quo, and put into motion efforts to promote inclusion at all levels of law firms and other legal organizations. Citizens look to the courts and the bar to learn about the law. Let us promise to teach them that we will always work towards fairness and equality.

All men should be feminists, even if it is hard work.

All men should be feminists, even if it is hard work.

Dr. Willy Mutunga Former Chief Justice, Kenya Patriarchy has been a negative factor in gender relations. It has perpetrated false masculinity and perpetuated economically and socially costly discriminatory tendencies and exclusionary practices. Whereas the feminist movement has made considerable progress in expanding our knowledge of the retrogressive dynamics and effects of our patriarchal gender system, a lot still needs to be done to disrupt the patriarchal order. Women's representation in high decision-making positions is still comparatively lower; the IAWL reports on women in law and leadership show that women are paid less than men for the same jobs, and socially harmful cultural practices continue. That is why it is important to pay attention to the multiple and reinforcing systems of oppression against women including race, ethnicity, class and much more.   Not all the men who have intellectually embraced gender equality, and recognise its objective merit, socially live the fact. Many men – who enjoy the material benefits of gender hierarchies - still need to consciously move beyond the polite intellectual nods to the cause, and totally immerse themselves in the belief that gender parity is an important necessity. Gender parity is not a perfume for men to wear in order to ‘smell nice’ and appear progressive; rather, it is a moral cause men must commit to their bloodstream and 'behave right’. Residual patriarchy among liberal men, or weak strands of feminist masculinity, may sometimes cause a lot more harm.   Gender-based violence (GBV) and sexual harassment are global epidemics. Most of the victims are women. A FIDA-Kenya study found that up to half of all women in Kenya have experienced GBV. These are alarming figures that should concern all of us as a serious human rights issue. There are several reasons that account for these frighteningly high cases of GBV in our societies, including the lack of adequate laws to protect women, societal attitudes, and the lack of economic empowerment of women that marginalises them. It is important to realize how sexual harassment and GBV are inscribed in societal and cultural norms: First, women are socialized to accept sexual harassment and GBV as part of what they must deal with in their everyday lives. At the same time, the societal norms about it and the silence prescribed by society make it difficult for women to report it. Second, men are socialised to dish out GBV as part of the cultural imprimatur of their negative masculinity.   I commend the Institute for African Women in Law for launching the Gender Equality in Law Campaign. Interventions such as this should be supported by key players in the legal and judicial professions to address the gender inequities that women continue to face. The legal and judicial professions should safeguard and promote the highest standards of justice, equity and inclusion. We should be the voices that guarantee the rights of women—both within the profession and beyond. During my tenure as the Chief Justice of Kenya, I made it part of my vision to ensure that institutional changes were put in place to raise awareness of gender inequities, develop mechanisms to address them and provide support for female victims while punishing perpetrators. We can all be part of the change. We should all be part of the change.   Women's empowerment is a metaphor for the assault on structural inequalities. It represents the enduring ambition to realise social justice and equality free from the usual divisions along ethnic, gender, class, racial and class lines. That is why we must eschew the traditional divisions between rural and urban, rich and poor, men and women, ethnicity and race that undermine the struggle for equality. While it is important to acknowledge the uniqueness of women's experiences and contributions to society, it is equally important to recognise that the empowerment of women has never been about the exclusion of anyone or any group. It cannot be. That is why our plans must include all. Male support for women's empowerment cannot be made conditional; it must be absolute. But the struggle becomes much easier when we have women role models who are strong and eloquent in their integrity and men whose feminine masculinity is ideologically, philosophically, politically, and socially rooted. Gender equality in law is necessary for our societies to advance. Let us all rally around this campaign and make it a success.

Count Her In: Gender Equality in the Workplace

Count Her In: Gender Equality in the Workplace

A Digest of IAWL’s 2024 International Women’s Day Event For the 2024 International Women’s Day, the Institute for African Women in Law (IAWL) organized a professional development event  on gender equality in the workplace. The event, held on March 7, 2023, was in collaboration with the Cyrus R. Vance Center for International Justice.  IAWL is set to launch a Gender Equality in Law Campaign (GELC) in April of this year. As such, the collaborative event was designed to align with the campaign and theme for International Women’s Day.  Two of the focus areas for IAWL’s GELC - equitable hiring and promotion and equal pay for equal work, align with the IWD theme, Accelerating gender equality through economic empowerment . The discussions unpacked how bar associations and societies, law firms and male allies within the legal profession can contribute to accelerating gender equality.  The panellists were Belinda Mapongwana (Founder of Mapongwana Attorneys Inc. in South Africa), Dr Edem Okudzeto (Sam Okudzeto & Associates in Ghana), Wangari Joyce Kagai (Head of Public Interest Litigation and Advocacy at the Law Society of Kenya), and Dr Mathero Michelle Nkhalamba (Clinical Psychologist in Malawi). We had Isobel Acquah (Director of the Centre for Law and Innovation in  Rwanda) moderate the event. With such a healthy mix of diverse legal and mental health experts, the conversations were enriching. Lorrain McGowen (Co-Chair of the Executive Committee of the Vance Center) started it with a solidarity message in which she emphasized the need to keep pushing for the gender equality agenda in the workplace and beyond. Reflections on “Count Her In” All panellists shared their thoughts on what the event's theme meant to them. Dr. Okudzeto, a male ally, began his reflection by highlighting the far-reaching impact of empowering women. To him, to empower a woman is to empower a nation, and so he called for “more visualization of empowered women” across the continent. To Ms. Kagai, counting women in meant there was the need to break barriers, challenge stereotypes and create economically empowering opportunities for women. Dr. Nkhalamba added a psychological perspective to the reflections by drawing on the empowerment theory. She mentioned that counting women in can contribute to their psychological empowerment by providing them with “financial resources, skills and opportunities they need to increase their sense of agency”. Ms. Mapongwana closed off the reflections, saying women have always been present in the home and workplace and have played vital roles but were not made visible by the men in power and leadership. “We count women in not because they have never been there before but because it is about time they are counted in”, she said. Empowering women in law as a female-founder In a racially diverse country like South Africa, Ms. Mapongwana, founder of Mapongwana Attorneys Inc., shared that she felt it was a personal responsibility to set up a law firm to create the kind of work environment she wanted to see as a black woman. In addition, she ventured into corporate and commercial practice, primarily focusing on mergers and acquisitions, which have historically excluded (black) women. Ms. Mapongwana also mentioned that when she realised her clientele was all male, she intentionally attracted female clients and employed more female lawyers. Today, her law firm is not only female-owned; it has an all-female team. It was no surprise that when asked about her firm’s strategy for economically empowering women, she gave a witty response, “We are the strategy … it is visual and actual representation”. How bar associations can count women in  Speaking specifically about the Law Society of Kenya (LSK), Ms. Kagai highlighted the importance of having women in leadership as a critical way for bar associations to be more inclusive of women. She cited the election of Faith Odhiambo, Kenya’s second-ever female president, last month as a practical example. She also mentioned that the 13-member Council of the LSK had six women. She added that the LSK has a Gender Committee, which is instrumental in mainstreaming women’s inclusion at the bar through programs such as mentorship, training and other collaborative activities with key stakeholders. Through these efforts, Ms. Kagai noted the progress the LSK is making in advancing gender equality at the bar.   The contribution of male allies  Regarding the role of men in accelerating gender equality within the legal profession, Dr. Okudzeto gave a list of actions men in decision-making positions can take. First, he called on men to be “very supportive” of women by giving them a voice and opportunities. For example, in his law firm, which is about 55% female, women have been supported such that they now occupy leadership positions - the managing partner and head of litigation are women. His law firm has also set up a daycare facility that enables women to work better, knowing their children are in good hands and close by.  The second was mentorship. Dr. Okudzeto mentioned an unofficial mentor-mentee program at his law firm geared toward giving both male and female lawyers an equal footing for career progression and opportunities. Third was to create and implement policies. At his law firm, there is a zero-tolerance sexual harassment policy. He finally stated that men should avoid mansplaining, as he has learned to scale back to allow all voices to be heard. Ms. Acquah, the moderator, added that her mentor was a male ally who has been a driving force in her career progression.  Mental health and the workplace  Dr. Nkhalamba  highlighted the psychological effects of a hostile work environment for women in law. Between trying to compete and prove oneself as a woman that you qualify for the work or position you are in, stress and anxiety can result, especially when the woman finds herself in a hostile work environment. Stress and anxiety are the byproducts of women having to be “masculine or even hyper-masculine” to be able to fit in male-dominated spaces like the legal profession. Burnout and loss of motivation are also repercussions of a hostile work environment. Over time, these pressures may lead to chronic stress and can accelerate breast cancer, hypertension and fatigue. In the end, the affected women have a negative review of a profession that they were once passionate about.  On the other hand, in an inclusive environment where women’s unique challenges are understood and accommodated, women build resilience and empathy to push systemic change. Dr. Nkhalamba  gave a three-step approach that leaders in the legal profession and the membership can use to support women’s mental health: acknowledging, policy-making, and creating supportive workspaces. The first step is to acknowledge that there are prevailing mental health issues. This acknowledgement is followed by relevant and intentional mental health policies to address them. Lastly, the work environment should be designed to ensure psychological safety because simply having policies or directing complainants to Human Resources is insufficient. Measures like instituting flexible work schedules that allow remote working and sick leave on mental health grounds are promising initiatives to implement.  The one solution to addressing gender inequalities in the workplace  To conclude the discussions, our panellists were asked to share the one solution they propose to address gender inequalities in the workplace. Ms. Mapongwana believed there is “not one solution but a number of efforts to be made”. However, policies are a start and must be monitored, particularly in the big and medium law firms, to ensure effective implementation. Ms. Kagai added that bar associations are responsible for providing continuous sensitization, mapping, monitoring and instituting reporting or complainant mechanisms concerning gender equality. Collaborations with other stakeholders to finance such initiatives are also vital. Dr. Okudzeto’s one solution was for male allies to put themselves in the shoes of women and treat women just like how they would want their wives or daughters to be treated. Finally, Dr. Nkhalamba  said every workspace should have a mental well-being program, such as stress management training, to allow people to discuss issues that may not come up in other meetings. “A healthy workforce means high productivity. It is a necessary investment for every law firm”, she concluded.   Learn how you can join us to advocate for women in law as we launch the Gender Equality in Law Campaign in April by subscribing to our mailing list  to receive the latest updates.  For media inquiries, contact communications@africanwomeninlaw.com

Is the Law Society of Kenya Ready for A Woman President?

Is the Law Society of Kenya Ready for A Woman President?

On February 29, 2024, lawyers in Kenya will vote for the 51st President of the Law Society of Kenya (LSK). Is Kenya   ready for another woman to lead the bar? Will this LSK election break the cycle of women as Deputy Chairpersons of the LSK, just as Chief Justice Martha Koome’s appointment broke the cycle of women as Deputy Chief Justices? Will Kenya get it right this time  with the election of a woman leader? For this election, the three women in the race are: Faith Odhiambo Mony, Carolyne Kamende Daudi and Harriet Njoki Mboce, HSC. In 2001, Ambassador Raychelle Omamo made history with her election as the first woman president of the LSK since its inception in 1949. Since then, three women have held the Vice Presidency, setting in motion the deputization syndrome  of women in leadership. In 2003, Lucy Kambuni was elected as Vice Chair, and it would be over 15 years before the election of Carolyne Kamende Daudi as Vice Chair in 2020. In 2022, Faith Odhiambo Mony became the third woman Vice Chair. Data from the LSK in 2022 indicates that women comprised 44.6% of women lawyers in Kenya, signaling a gradual shift towards gender parity in the descriptive and symbolic representation of women at the Kenyan Bar.  While the number of women lawyers in Kenya has grown steadily in the last decade, the 2023 IAWL report on Women in Law and Leadership in Kenya  reported that women still face challenges in accessing leadership positions. These challenges include persisting gender bias and stereotypes that privilege male leadership styles and question women’s capabilities as leaders. Additionally, some women’s apathy in supporting other women contributes to the limited chances for women’s rise into top leadership positions.             Women’s representation in leadership is essential for diversity in thought leadership, the legitimacy of public institutions, and the promotion of democratic ideals of equity, equality, and inclusion. In Kenya, women have made gains in breaking the proverbial glass ceiling. The appointment of Justice Martha Koome as the first woman Chief Justice signals   that there are opportunities for women to rise into leadership positions. However, the question remains, is the LSK ready for a woman chairperson?              In an earlier article  written for The Conversation , I argued that: [w]omen lawyers and women’s rights advocates should not have to make “a case” for women’s representation in leadership positions. There is no shortage of qualified women in the legal profession. What is needed is a shift in systems, institutional practices, norms and perceptions to accommodate more women in leadership positions. With the February 29, 2024 election just around the corner, will Kenyan lawyers break the cycle of leadership inequity and elect another woman to lead the LSK? Equal representation of women in leadership is not merely a symbolic gesture that gender equality is the norm. Equal representation of women in leadership demonstrates that society values the equal participation of women in decision-making. Women in Kenya have fought for freedom from colonial power.  Women’s rights activists have fought in the trenches to guarantee constitutional freedoms and rights . Kenyan women have proven that they can lead and make important contributions to the legal profession, justice and the rule of law. As lawyers vote on February 29, 2024, the world will be watching to see if Kenya has indeed normalized the spirit of the 2010 Constitution of Kenya and its provision requiring gender equality in decision-making in public office. With the Kenyan legal profession boasting over 44% of women lawyers, it is time for another woman to lead the LSK. It is time for change. It is time to show that women can and should be at the helm of leadership.  References Leadership Essentials for Women in Law, WELLA Report (IAWL, 2023) Women in Law and Leadership: Kenyan Bar (IAWL, 2023) For media inquiries, contact communications@africanwomeninlaw.com

‘I’m being blackmailed with my nudes’: What’s law got to do with it?

‘I’m being blackmailed with my nudes’: What’s law got to do with it?

One fine afternoon a few years back, I received a distress call from a friend. Let’s call her Ama. Ama called on behalf of another young lady; let’s call her Ewuresi. Ewuresi had sent her nudes to her newly found online lover. Her so-called beloved was now demanding money, or he would publish her nudes online. A disturbed Ewuresi contacted Ama for help. Ama made the SOS call that afternoon for “legal advice.” Ewuresi could not risk having her photos leaked online, especially because she was an identical triplet. Her sisters' reputation was also at stake! What should she do next? Should she give in to the guy’s monetary demands? Should she report to the police? Will the police promptly act if she reports? What if the guy publishes her nudes either way? What would that mean for her sisters? These and more were the questions Ama and Ewuresi had. But as a lawyer, I had questions of my own, one being: what does the law in Ghana say about Ewuresi’s situation? Ewuresi’s dilemma falls broadly under what we call non-consensual pornography - a form of cyber sexual harassment. Specifically, her situation may be labeled as revenge pornography or sextortion. Revenge porn is often where a scorned ex-lover discloses the sexually explicit image of their partner. Apart from being induced by heartbreak, a revenge porn perpetrator may be motivated by earnings, notoriety or sheer amusement. Sextortion is where a perpetrator threatens to distribute sexually explicit images of a person. In Ghana, there are at least three revenge porn posts on social media daily. Women and girls are often the primary victims of revenge porn and sextortion; therefore, I have previously argued to frame these offenses as gender-based violence (GBV). At the time Ewurasi’s incident came to my attention, there was no express legal framework on non-consensual pornography in Ghana. Elsewhere , I demonstrated how, depending on the details of each case, a legal action could be initiated by relying on the right to privacy and dignity provision in the 1992 Constitution, traditional criminal laws on obscenity, indecency and sexual exploitation in the Criminal Offences Act of 1960, and child pornography provisions in the Electronic Transactions Act of 2008, where the victim is below 18 years. Additionally, a person could explore remedies for emotional distress under tort law, limited copyright claims where the victim took the photos, and narrow claims under the Domestic Violence Act. Essentially, finding liability for non-consensual pornography at the time within the existing laws meant taking the tide while it served. So, I directed Ewuresi to report to the police. Thankfully, shortly after reporting, the police arrested Ewuresi’s beloved-turned-blackmailer. He had been on their wanted list for a while for similar sextortions. A few years down the line, Ghana’s parliament passed the Cybersecurity Act of 2020, containing some express provisions on non-consensual pornography in sections 67 and 68. While the provisions are not exhaustive, Ghana’s attempt is a commendable step toward investing in the prevention of gender-based violence in cyberspace. This year’s 16 days of activism theme is to unite and invest in preventing violence against women and girls. It is a reminder and a call to all governments around the world to invest in legal and other robust frameworks that will prevent and eliminate all forms of violence against women and girls, including those that occur online. Let’s orange the cyber world! For media inquiries, contact communications@africanwomeninlaw.com.

A WORTHY LEGAL COMPANION!

A WORTHY LEGAL COMPANION!

THE HANDBOOK ON CIVIL PROCEDURE & PRACTICE IN GHANA: Rules, Cases, Commentary & Precedents. By: Francisca Serwaa Boateng The book, The Handbook on Civil Procedure & Practice in Ghana, was launched on Friday, 8th September 2023, at FSB Law Consult’s premises in Accra. It covers 42 chapters and spans across 1,197 pages. It is the first comprehensive book on Civil Procedure ever written by a female lawyer in Ghana. The book comes complete with a discussion of the rules of civil procedure in the trial Circuit and High Courts (and, to some extent, the appellate courts), as well as decided cases and commentaries. Most importantly, as the first of its kind in Ghana, the book contains precedents on court forms and processes to assist the law student and the new lawyer in honing their skills in drafting court documents. One high point of the book is its detailed coverage of the entire litigation process, written in chronological, clear and simple language that appeals to everyone, including lay clients. The aim of the book is to introduce law students early in their studies, at both the Degree and Professional Course levels, to the procedure in civil litigation. This will help demystify the subject of Civil Procedure and make it more interesting to students. The book also serves as a quick reference point for lawyers in private law practice and in-house corporate lawyers, many of whom are now doing more courtroom practice than it used to be the case a few years ago. It is a worthy companion for academics and legal researchers as well. The book covers the entire litigation process, from matters to consider before starting a case, the initial filing of a case through to the application for directions, trial, judgment and execution of judgments. It also covers the various applications parties may file in court in the life of a case under litigation. Additionally, the procedure for handling specific cases such as commercial actions, defamation, enforcement of human rights, divorce and other matrimonial cases, probate and administration actions, maritime actions, intellectual property rights proceedings and enforcement of foreign judgments and arbitral awards are treated in detail. A Brief Outline of the Book - The Handbook on Civil Procedure & Practice in Ghana After considering the preliminary steps to take before starting a civil case in court to actually filing the case in Part I, Part II considers the various forms of judgment that a party can obtain from a court without the need to go through a trial. This is possible because the rules of court allow parties to truncate the trial processes where the court can enter judgment for a plaintiff without holding a trial. This includes situations where the defendant fails to file an appearance after he has been served with a writ, the defendant has no defence to the plaintiff’s liquidated claim, and the defendant admits the plaintiff’s claim or both parties agree to judgment by consent. Part III considers the various applications a party can make when a case is pending in court. These include applications for discontinuance, withdrawal, payment into court, application for directions, and all other general and specific applications parties can make in pending proceedings, including injunctions. It is in Part IV that the processes involved in a full-fledged hearing are discussed. Here, matters such as setting down a case for trial, preparing witness statements, proceedings at trial and written addresses are considered. The vexed issue of costs in litigation is also discussed. Going to court is one thing. Getting judgment and reaping the fruits of the judgment is a different thing altogether. Thus, Part V discusses judgments and the methods and processes parties employ in executing different forms of judgments. Other post-judgment proceedings, like interpleader proceedings, are also considered. Still, on post-judgment processes, Part VI focuses on appeals and applications for judicial review of court orders and judgments. This part ends the general discussions on the procedures for instituting civil actions. In Part VII, the discussion is focused on the procedure for bringing specific actions before the courts for trial. The specific actions covered are defamation, commercial action, moneylenders and mortgage actions, insolvency proceedings, debenture holder’s action, maritime action, intellectual property rights proceedings, matrimonial cases and matters concerning probate and administration of estates. The discussions also centre on the court’s role in arbitration proceedings to secure the enforcement of arbitration agreements and clauses. The enforcement of the fundamental human rights enshrined in the 1992 Constitution and the rules applicable to proceedings transferred to the High Court for trial are also discussed in this part. In the book, all discussions relating to the private international law aspects of civil proceedings are discussed in Part VIII. Thus, matters concerning the procedure for service of foreign processes, obtaining evidence for foreign courts, reciprocal enforcement of judgments, enforcement of foreign maintenance orders and enforcement of foreign arbitral awards are discussed. Finally, Part IX covers what could loosely be described as the administrative aspects of the courts’ work. These include provisions on lawyers who represent parties before the courts, the registrars and bailiffs (also known as process servers) attached to the courts, how court documents are produced, papers and printing of notices, court sittings, office hours and vacations, computation of time in civil cases and the effect of non-compliance with the rules of civil procedure. About the author Francisca Serwaa Boateng is a lawyer of over 25 years standing at the Bar. She has spent almost her entire law career in private law practice. She is the Founder & Managing Counsel at FSB Law Consult, Accra, Ghana, where she leads the civil litigation team across the law firm’s areas of practice. She has handled civil cases at all levels of the court system up to the Supreme Court. Francisca is also a notary public. Francisca graduated with a Bachelor of Laws (LL.B) Degree from the University of Ghana. She was called to the Bar in 1998 after completing Ghana School of Law, where she was awarded the prize for Best Female Student in the Law of Evidence. In 2002, she obtained a Masters in Law (LL.M) Degree from Temple University, Philadelphia, PA. Francisca is a member of the International Bar Association, Ghana Bar Association, African Women Lawyers Association and African Arbitration Association. She is a former Vice-President of the Greater Accra Branch of the Ghana Bar Association. She has served as a member of the Business Law, Women & Children and Juniors & Pupils Committees. Other books by the author: PERSPECTIVES: Not your conventional conversations (2022) PERSPECTIVES: Law, Socio-Economic & Women’s Rights in Ghana (Vol. 2) (2023) To order copies of Francisca’s books, please contact +233 50 798 0400 or info@elisusbtrust.com For media inquiries, contact communications@africanwomeninlaw.com

PEACE, CALLING!

PEACE, CALLING!

IAWL Celebrates International Day of Peace 2023 What does peace mean to you? Amid the crisis some parts of the African continent are facing, is peace simply the absence of war or is there more to peace than we have always thought? The United Nations sets aside the 21st of September as Peace Day each year to reinforce the importance of peace in our world and observe 24 hours of cease-fire and non-violence. The theme for this year is “Actions for Peace: Our Ambition for the Global Goals”. This theme calls on us to rise up and contribute towards creating a world of peace, free from conflict, inequality and injustice. The UN Secretary-General António Guterres, in his message to mark the day, said: “ ... People and our planet are in crisis. Conflicts driving record numbers of people from their homes,... poverty, inequalities and injustices, mistrust, division and prejudice. This year’s theme reminds us that peace is not automatic. Peace is the result of action, action to accelerate progress toward the Sustainable Development Goals and ensure that no one is left behind.” IAWL’s Actions Toward Global Peace Today, on International Peace Day, we are privileged to present our vision for both our continent and the world. Our dedication to fostering peace is deeply ingrained in our mission, which is to empower women in law and promote women’s leadership in justice systems. Through this commitment, we aim to create a culture of institutional peace through principles of gender equality and gender solidarity. We believe a peaceful world is possible through the promotion of justice and empowerment. Therefore, we focus our efforts on increasing the capacity of African women in law through: Rigorous research on issues concerning women in law, including identifying the challenges that women in law face; Training to empower African women in law through professional development webinars and symposia; Advocating for meaningful policy adoption or reform to end discrimination and include women’s voices in the decisions that determine our future; and Mentorship to encourage a culture of collaboration and nurturing among women in law. This unique focus provides us with an opportunity to bridge the gap of inequality in the legal profession, contributing to the UN’s Sustainable Development Goals, specifically Goals #5 and #16 To achieve this, we are empowering African women to to participate actively in their societies. We believe African women are a powerful and essential part of the global peace movement. To us, part of peace is when African women’s voices are heard, and their rights are protected. From law students to seasoned professionals, we strive to create a safe and inspiring environment and a space for mentorship, collaboration and knowledge-sharing. Dear Women in Law, peace begins with us! In line with this year’s theme for #PeaceDay, we call on you to strive towards a peaceful and just world. Let us set an example of how African women in law can lead the movement to achieve the Global Goals and build a world that respects the rule of law and ensures equal access to justice for all. Happy Peace Day! Peace begins with you. For media inquiries, contact communications@africanwomeninlaw.com.

IAWL Condemns Sexual Harassment Case at the Faculty of Law at the University of Calabar, Nigeria.

IAWL Condemns Sexual Harassment Case at the Faculty of Law at the University of Calabar, Nigeria.

PRESS STATEMENT 30th August 2023 WASHINGTON, DC: On Monday, 14 August 2023, female students of the Faculty of Law at the University of Calabar in Nigeria, with some of their male colleagues, protested against gender-based exploitation and harassment in their department by their Dean of Law, Prof. Cyril Ndifon. Professor Ndifon was previously accused of sexual misconduct in 2015. The school authority subsequently suspended him after he was alleged to have raped a 20-year-old law student in his office. Eventually, his suspension was lifted under mysterious circumstances. In other African universities, sexual harassment and misconduct by male faculty and sometimes male students are rampant. There have been several cases of sexually predatory behavior reported by female students at Makerere University in Uganda, the Rhodes University in South Africa, the Kaduna State University, the University of Lagos and the University of Port-Harcourt in Nigeria, just to name a few. In most cases, victims are afraid to speak up because society insults and tags them as enemies of progress of men of “reputable” standing. Over the years, social media has helped some of these cases come to light. But many more cases have been buried for fear of being doubted, insulted or humiliated. At the Institute for African Women in Law, we are committed to ensuring that the rights of women in law of all ages are fully respected and protected. We commend the action taken by the law students at the University of Calabar and urge the university to take stronger action this time. We call for an immediate and thorough investigation into the allegations and an open and transparent review process of the circumstances surrounding them. We also call on governments, policymakers and stakeholders to ensure institutions operate with the necessary sexual harassment policies to check the prevalence of Gender Based Sexual Violence. In our four-country Women in Law and Leadership reports , we highlighted that sexual harassment, both covert and overt, is one of the main challenges women in law at the bench, bar and legal academy face in their professions. It is, therefore, disturbing that even the educational institutions meant to provide an ideal environment for learning and growth, especially in the faculty of law, have harbored this menace for years. The effect such acts have on students should be taken into consideration to appreciate the importance of addressing the issue. Some students go on to do well, but some fail their courses unjustly, preventing them from graduating and realizing their full potential in the careers they desire to pursue. It is high time that we all take action to protect the rights, safety, progress and future of African women in law. We encourage victims of sexual harassment in universities and legal institutions not to be afraid of intimidation and backlash and to speak up against the injustice meted out to them. It is our expectation that such action will eventually restore faith in our educational and legal institutions and create a safe environment for women in law. For media inquiries, contact communications@africanwomeninlaw.com.

Women, Resilience, and the Will to Lead

Women, Resilience, and the Will to Lead

by Linda Kasonde My book, ‘ Women, Resilience, and the Will to Lead ’, tells the story of my journey into leadership, from my upbringing as a child to a chance encounter with a classmate who made me realize that just putting oneself forward is half the battle in becoming a leader. My story is intertwined with political events in Zambia from 2011 to 2021, which saw my country on the path to democratic decline, and the role I played to try and restore Zambia’s democracy. It touches on difficult topics such as losing a child, mental health, and the sexism faced by women in leadership. It ends with a list of lessons that I have learnt over the years and a call to arms for more women to embrace taking up leadership positions. The book documents my experiences as the first elected female President of the Bar Association in Zambia and how I managed to negotiate my way through a social context characterized by deep-seated patriarchy and misogyny. I believe that the book will go a long way in challenging the current thinking that favors men and stereotypes women as incapable of running a successful election campaign, providing effective leadership, and overcoming the many social obstacles that work against them. In Zambia, much of the conversation around gender equality and women’s empowerment centers on promoting women without enough work being done on creating safe spaces for them to express themselves or assert themselves as leaders. I would like to work on a movement that will mainstream the gender conversation, one that is too often occupied by women speaking to converted women. Men need to play a larger role in this area for real change to happen more quickly. Why is this important? Inequality leads to misogyny, which in turn leads to injustices such as gender-based violence, hate speech, and rape. It also means that many women do not meet their full potential. As I have previously stated in one of the articles that I have written advocating for the protection of women leaders from sexual harassment, and particularly cyberbullying: “What we miss out on when women are denied a seat at the table is that different perspective. When women decide to use their voices by taking up leadership positions, they face much more ridicule, intimidation, and abuse than men in leadership positions. This either diminishes their voice or silences them. That creates problems for all of us because it means that we are lacking a diversity of ideas. Democracy thrives when the marketplace of ideas thrives. When that pool of ideas is limited, so are the number of potential solutions to our problems” . Not only will inclusion affirm the equality of women and men in terms of leadership capabilities, but it will also ensure that those women leaders represent the various rights and interests of all women in society. This book is important because, in the words of Stella M. Nkomo and Hellicy Ng’ambi in their 2009 article for the International Journal of African Renaissance Studies entitled, ‘African Women in Leadership: Current Knowledge and a Framework for Future Studies’: “While the empirical literature on leadership and management in Africa is sparse, the literature on African women in leadership is even sparser”. Particularly, little is written about being an African female leader in the digital age. So often, African women in positions of leadership have to rely on Western Knowledge literature about leadership. So often, the thinking is that nothing can be learned from Africa by people living in other continents. This book aims to dispel that myth. I am a woman leader that has straddled leadership both in the private sector as a partner in a leading law firm and in public service at the helm of a highly influential organization that had an impact on the social and political discourse in my country. Subsequently, I understand the challenges of leading and winning the confidence of the public and those I led whilst having to navigate the challenges of patriarchy and misogyny. I have stated on many occasions, echoing what other female leaders, like former Australian Prime Minister Julia Gillard, have said: in order to attain gender equality, we need a critical mass of women leaders so that things outside our competence and intelligence become less important. I have also argued that in order to build that critical mass, the pioneers and the radicals need to draw in the masses. I consider myself to be both a pioneer and perhaps a radical. Through this book, I aim to show more African women that being a leader is doable once you appreciate the strategies to mitigate the risks of it. Having that critical mass of women leaders makes it much easier for women like me to lead in our chosen endeavor. Linda Kasonde (@LindaKasonde) is a Zambian human rights lawyer and activist. She is a Tutu Fellow and the winner of the 2017 IE University’s EPIC Award for Women Making a Difference in the IE Community. She is the Founder and Executive Director of Chapter One Foundation, an organization that promotes and protects human rights and the rule of law in Zambia. For more information on her, see https://lindakasonde.com/ . The book will be available on Amazon and Kindle from 25th August 2023. Subscribe to the IAWL mailing list to receive the latest updates on our future programming and releases. For media inquiries: communications@africanwomeninlaw.com

Introducing: IAWL Achiever Series

Introducing: IAWL Achiever Series

The Institute for African Women in Law (IAWL) has launched the IAWL ACHIEVERS Series, a platform designed to highlight the success and breakthrough stories of women in law in its networks. IAWL is truly proud of its members who have made and continue to make remarkable strides in their respective fields of expertise. By awarding individual excellence and accomplishments, the IAWL Achievers Series will empower and encourage more women in the legal field to reach their greatest potential and make their voices heard. Through this initiative, we acknowledge the effort our members put into rising as leaders and changemakers in the legal space, especially as African women. To be featured, the submission must meet the following criteria: 1. Demonstrate how joining the IAWL network aligned with achieving career goals 2. The award/feat must have been achieved within six months of submission. 3. The achievement must be a result of your membership in an IAWL network: i.e., you must have received the recognition by virtue of being part of the network or by seeing the opportunity via an IAWL announcement to members of the networks. We are now officially accepting nominations for the IAWL Achievers Series. We encourage all applicants to submit strong applications to be considered. To apply: Submit an email request to info@africanwomeninlaw.com with the subject line: IAWL Achievers . In the body, include evidence of the award and links to the publication of the award/achievement, if any. The IAWL Team will review your application and let you know a decision within 7 working days. You or the nominee will be notified by email to complete a form and submit a professional photo if the application is successful. If the application is unsuccessful, you will be informed by email. Do you know someone who embodies the accomplishments of an IAWL Achiever? Are you an IAWL Achiever? Submit an application or nominate someone else today and be part of this wonderful initiative! By submitting an application, IAWL reserves the right to review, accept and publish it in accordance with all necessary protocols. For media inquiries, contact communications@africanwomeninlaw.com .

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