In 2018, the Ghana Catholic Bishops’ Conference (GCBC) issued a Child Protection Policy for the Church in Ghana with the aim of seeking to improve, sensitize and enact measures that will eliminate child abuse and or prevent its occurrence.
This Policy offers the new Guidelines for the Priests, Religious and lay people working with children and vulnerable adults in the name of the Catholic Church in Ghana.
The Policy Guidelines indeed prescribe procedures in handling of cases of child abuse by Church leaders but the question is do the Church leaders know the procedures. Some Arch/Dioceses may be having the Committees that handle such cases but are they known to the People of God?
By its publication in 2018, the Policy supersedes all other Catholic Church related Child Protection Policy Documents within Ghana.
Below are the procedures captured in the GCBC Child Protection Policy on Reporting and Recording Abuse:
Before the Investigation
- When anybody is aware or suspects of an abuse or an abuse has been reported to him/ her, the person is to bring it to the attention of the Police and of the Child Protection Officer (CPO) of the Arch/Diocese.
- The CPO will document the case as it has been reported to him/ her.
- In examining the person in view of taking a record, care should be taken not to further traumatize the person. If the survivor prefers to speak about the abuse to a woman rather than to a man or vice versa, that should be respected. The one who has reported the abuse should be given the chance to review what has been recorded and to eventually make corrections.
- The Arch/Bishop should be immediately informed about the accusation and given a copy of the report as recorded. The complete file will be conserved in the Arch/Bishop’s archives for consultation if required. Any destruction or removal of evidence from the records is not permissible.
- A preliminary investigation is to be made promptly and objectively into the alleged abuse and the necessary steps taken (cf. Code of Canon Law, Can. 1717-1731).
During the Investigation
Collaboration with the Civil Authority: The CPO will inform the Arch/Bishop, then the police, and from that moment the Arch/Diocese, through the CPO, collaborates with the local civil and Child Protection authorities empowered to investigate and prosecute offenders and protect children.
Stepping Aside: When an accusation has been made against somebody, the alleged perpetrator is presumed innocent till proven guilty. However, he/ she is to be invited by the Arch/ Bishop to step aside from ministry to children while an investigation is made by the CPO or the person designated by him /her. The person is not to have any further contact with the one who has accused him/her till the investigation is over and a decision/judgment has been made.
Communication: Arch/Bishops should refrain from making statements to the media. Questions from the media should be dealt with preferably by a spokesperson appointed by the Arch/Bishop. When a statement has to be made, it should:
- Always express compassion for the alleged victim/ survivor and his or her family.
- Be limited to what is absolutely necessary and avoid anything that would interfere with the ongoing enquiry.
- Talk about the “alleged” perpetrator, and the “alleged” victim / survivor.
- Make assurances that all the Church desires is that openness and objectivity will be a priority in the handling of the case, and that full cooperation will be given to the legal authorities.
The identity of the victim/survivor should be protected at all times. The complainant and victims/ survivors are informed in good time of the actions taken by the Arch/Diocese to protect them and other people.
After the Investigation
If Guilty of the Accusation: If the one who has been accused is found guilty or he/she pleads guilty:
- The verdict is to be communicated to those who need to know;
- The Arch/Bishop is to take the appropriate action which will include:
- Reporting to Congregation for the Doctrine of the Faith (CDF) through the Apostolic Nuncio;
- A sanction of the perpetrator while waiting for the response of the CDF.
 If Innocent of the Accusation: If the one accused is found to be not guilty:
- The communication is to be made to those who need to know.
- The falsely accused is to be reinstated by the competent authority.
- The case is to be closed with ongoing spiritual and psychological support offered to the person.
Compensation: Where wrongdoing is proved or admitted, it is important for the victim/survivor and the perpetrator to hear that the Church publicly admits the wrongdoing of the action. The guilty person is primarily responsible for the compensation.
Canonical and Civil Sanctions: The Code of Canon Law considers the sexual abuse of minors below 16 years of age as a delict punishable by sanction not excluding dismissal from the clerical state (Can 1395 § 2). This is extended to minors below 18 years of age (Can. 97 §1). It is a grave offense reserved to the Congregation for the Doctrine of the Faith, according to the special faculties granted to this Congregation concerning the delicta graviora.
According to the Children’s Act 1990, 560, Section 15: Any person who contravenes a provision of this Sub-Part [The Rights of the Child and Parental Duty] commits an offence and is liable on summary conviction to a fine not exceeding ¢5 million or to a term of imprisonment not exceeding one year or to both. Cf. Penal Law of 1960 n° 101-108
Pastoral Support: Pastoral Support is to be offered by different people to the victim/survivor and to the perpetrator.
Support Person for the Victim/ Survivor: The role of the Support Person is to assist those wishing to make a complaint of child abuse, to facilitate them in gaining access to information and help, and to represent their concerns on an ongoing basis.
The Support Person will be particularly attentive to the fact that some victims/survivors and their families may be reluctant to seek help and may consider other alternatives to seek redress. He/she will have to consider how any therapeutic or spiritual needs of the person who has suffered abuse may be met.
In addition, the Support Person will:
- consider any wishes of the complainant in regard to a pastoral response by the Arch/Diocese to his or her family;
- be available to the complainant throughout any investigation which may ensue, and thereafter as required;
- ensure that the complainant is kept informed of developments in regard to the complaint;
â–Şrepresent the wishes and any therapeutic needs of the complainant to the CPO as required;
â–Şarrange, if considered helpful, a meeting between the complainant and the Arch/Bishop.
In some cases the complainant may decide not to avail of the services of the Support Person. In that case they will be supplied with information of where they may seek help e.g. counselling. The Support person will inform the complainant that they will be available if the complainant wishes to contact them.
Support to the Perpetrator
- An Adviser is to be available to the accused person. The adviser will have regard to all pastoral, legal and therapeutic issues arising for the accused person.
- A solicitor who is independent of the solicitor representing the Arch/Diocese will legally represent the accused person. The accused person shall be responsible for his/ her own defence.
I believe if the above procedures as captured in the 2018 Child Protection Policy for the Catholic Church in Ghana is well studied and followed by Church leaders, the cases of child abuse would have been dealt with in half way.
Already, there is a Nigerian Sister working in Ghana, Sr. Bernardine Pemii who is known for being a devoted mother to the large brood of children she has rescued from violence, exploitation and abuse.
There is the need for Arch/Dioceses to have effective Child Protection Committees and their activities should be made known to the people of God so that they know what to do and where to go should such cases occur in Parishes and in our Schools.
By Damian Avevor
