ORGANIZATION OF AMERICAN STATES
INTER-AMERICAN COMMISSION OF WOMEN
FOLLOW-UP MECHANISM OEA/Ser.L/II.7.10 CONVENTION OF BELÉM DO PARÁ (MESECVI) MESECVI-II/doc.19/08 SECOND CONFERENCE OF THE STATE PARTIES 20 June 2008 9 - 10 July, 2008 Original: English Caracas, Venezuela .
ANTIGUA AND BARBUDA
RESPONSE TO THE QUESTIONNAIRE/ COUNTRY REPORT RESPONSE TO THE QUESTIONNAIRE FOR EVALUATING IMPLEMENTATION OF THE INTER-AMERICAN CONVENTION ON THE PREVENTION, PUNISHMENT, AND ERADICATION OF VIOLENCE AGAINST WOMEN, “CONVENTION OF BELÉM DO PARÁ”
I. LAWS. REGULATIONS IN FORCE. NATIONAL PLANS
1. Are there criminal, civil and administrative provisions in your domestic laws for the prevention, punishment and eradication of violence against women?
Several laws have been implemented which speak either directly or indirectly to violence against women:
The Inter-American Convention on the Punishment, Prevention and Eradication of Violence Against Women, which became domestic law in 1995 by virtue of S.I. 27 of 1995; The Sexual Offences Act No. 9 of 1995; and The Domestic Violence (Summary Proceedings) Act, No. 3 of 1999.
The Sexual Offences Act was enacted to deal with all sexual offences pertaining to women in Antigua and Barbuda. This Act tackles issues such as (but is not limited to) rape, sexual assault within marriage, sexual encounters with minors, indecent assault and abduction. In addition, there are several supplemental provisions.
In 1999, the Antigua and Barbuda Domestic Violence Act was passed. This Act identifies Domestic Violence as “…any act of violence whether physical or verbal abuse perpetrated by a member of a household upon a member of the same household which causes or is likely to cause physical, mental or emotional injury or harm to the abused party or any other member of the household.”(Domestic Violence Act, 1999 – Preliminary). According to the act, the following persons are entitled to apply for an order: a) The spouse of the respondent who is the person on whom the alleged conduct has been, or is likely to be perpetrated by the respondent; b) Any member of the household on his own behalf or on behalf of any other member of the household; or c) The parent of the specified person or of the respondent though not residing in the household, on behalf of the specified person. [Domestic Violence Act, 1999 Section 3(1)]
*Please note there are subsequent allowances where the alleged conduct involves a child/dependent, and where the dependent is mentally disabled [Section (2) & (3)]. Also, an application for a tenancy can be made by the respondent’s spouse as mentioned in subsection (1) (a) or by a parent or guardian of a child or dependent.
1.1. Have laws and regulations been amended or abolished in order to modify juridical and customary-law practices that help to perpetuate or tolerate violence against women? - 2 -
No laws and regulations have amended or abolished in order to modify juridical and customary law practices that help to perpetuate or tolerate violence against women.
1.2. Were standards of this type adopted by your government after the ratification of the Convention of Belém do Pará?
No official standards have been adopted by the Government of Antigua and Barbuda after ratification of the Convention of Belém do Pará.
If such standards have been adopted: a. Are there established penalties for assailants who harass, threaten, or endanger the lives of women, jeopardize their integrity, or harm their property? If so, what are they? Under the general laws, Small Charges Act Chapter, etc, there is a penalty attached to harassment, threat or endangering life and property but none which speak specifically to women except the Domestic Violence (Summary Proceedings Act).
b. Are there penalties for transnational forms of violence against women, including trafficking in women and children and forced prostitution? If so, what are they? Under the United Nations Convention against Transnational Organized Crime [17/12/02]
c. Does the criminal code punish marital sexual violence? Under the criminal laws, Sexual Offences Act No. 9 of 1995, a husband can be sentenced.
d. Do the standards in force provide for compensation for women who are victims of violence? There is no compensation under the Act per se for women who are victims of violence. However the judicial officer can order compensation as in general criminal law, where there has been injury.
e. Are there penalties for public officials who fail to enforce laws against violence? If so, what are they? There are no specific penalties for public officials who fail to enforce laws against violence but such officer can, by virtue of action of judicial review, be compelled to enforce the laws.
f. Are there any legal provisions on compulsory assistance and re- education for violent men? There are no legal provisions on compulsory assistance and re-education for violent men. The only provision, under the Domestic Violence (Summary Proceedings) Act, the abuser can, only by his consent and the victim, agree to counselling.
- 3 -
g. Is there any legal or administrative provision that makes a permanent training on gender issues for public officials compulsory? There is no legal or administrative provision that makes a permanent training on gender issues for public officials compulsory.
2. Has a national strategy or plan of action been adopted on prevention, punishment, and eradication of violence against women? Yes
2.1. Which agency is in charge of the design of that national strategy or plan of action?
The Directorate of Gender Affairs is the government’s main focal point for monitoring and facilitating the social, economic and political development of women. As part of its work, the Directorate is heavily committed to its Domestic Violence program. This is a comprehensive program that works in collaboration with several community groups and organizations (including other government ministries and departments) to prevent and eliminate violence against women. The program includes: A crisis response to all forms of violence against women which includes a 24hr crisis hotline, a court advocacy service, emergency accommodation, information and support services, confidential crisis counseling and a victim support group. Training of key occupational groups, such as lawyers, police, judiciary, health professionals, social workers and teachers to ensure a better understanding of the effects of violence against women and knowledge of the services available. A community education and awareness program.
2.2. Which agency is in charge of implementing that national strategy or plan of action? Are there integrated inter-sectoral strategies? If so, which agencies take part in them?
The Directorate of Gender Affairs falls under the Ministry of Labour, Public Administration and Empowerment. It is considered the primary agency in charge instituting national strategies towards the reduction and ultimate elimination of Domestic Violence. The Directorate works closely with the Ministries of Health, Social Transformation, Justice and Legal Affairs.
2.3. Have the plan of action or strategies carried out been evaluated? If so, what have been the results to date? If no evaluation has been performed, is one planned? If so, in what time frame? No
2.4. Is a periodic review foreseen for the plan of action or strategy, based on evaluations of the results of its implementation? Yes - 4 -
2.5. How are strategies linked at the provincial and municipal level?
3. Has a national mechanism been set up to follow up on implementation of the Convention of Belém do Pará? If so, which agency is in charge of its follow-up at the national level?
The Directorate of Gender Affairs, which is the national machinery responsible for promoting the advancement of women, is the organization that is responsible for the implementation and monitoring of the Belém do Pará Convention.
4. Are legislators, advisers, and other parliamentary staff provided with information on gender issues, in particular as regards violence? How has that information been provided?
As requested, legislators, advisers and other parliamentary staff have been provided with information on violence vis-à-vis gender affairs. This is usually provided in the form of a report.
4.1. Have training seminars on violence against women been held for this target group? General training seminars have been provided and some members of the legislators and parliamentary staff participated.
4.2. Have visits to legislatures by experts on violence against women been arranged? Yes
4.3. Has information on violence against women been distributed to national, provincial and local lawmaking bodies? Yes
4.4. Other methods (please describe them)? In the form of brochures, information leaflets and booklets
5. Are there parliamentary committees specifically concerned with gender issues? If so:
5.1. How do they function in the framework of national legislatures? 5.2. How do they function in the framework of provincial legislatures?
II. ACCESS TO JUSTICE
1. Is there a prompt, regulated proceeding to protect women who are victims of violence and to punish assailants?
Once proceedings have been initiated under the Domestic Violence (Summary Proceedings) Act, there is a strong presumption and policy that such matters are given priority and urgent hearing, in view of the nature of the offence. Assailants are not punished per se, as there is - 5 -
more of a rehabilitation, proscriptive behaviour underpinning the Act. However, the Act does not prohibit the taking of strong measures, including detention and incarceration, for breach of orders by abusers.
1.1. With which authority should complaints be filed? Complaints in that regard are filed at the Magistrate’s Court, centrally located in town. This holds true for persons wishing to bring an action in the sister island of Barbuda. However, complaints are also filed with: The Police The Directorate of Gender Affairs/24hr toll free hotline Social Services Private Attorneys
1.2. Are the offices responsible adequate for the caseload, both in terms of geographic coverage and the incidence of violence recorded in that area? There is no great number of applications for domestic violence orders on a monthly basis, such that the present facilities are quite adequate. However, it is the prompt hearing which is a cause for concern as there is a need to appoint more Magistrates. The present caseload for the sitting Magistrates militate against prompt hearings. In addition the office of Gender Affairs is not adequately staffed for the caseload and geographic coverage.
1.3. Are there police stations and other specialized services focusing on women’s issues that have protocols on victim’s assistance in their languages? There are no police stations or specialized services which focus on women’s issues that have protocols on victim’s assistance in their languages.
1.4. On average, what is the time lag between the receipt of a complaint and the adoption of special measures to protect the physical and psychological integrity and property of women who are victims of violence? The time varies on average, from the filing of a complaint and the adoption of special measures to protect the physical and psychological integrity and property of women who are victims of violence is approximately. In some cases, it may take as quickly as a few days, to several weeks/months. However, immediate assistance is usually provided by the 24hr Crisis hotline operated by the Directorate of Gender Affairs.
1.5. Are there measures to ensure the safety of women who are victims of violence, their families, and witnesses? If so, what are they? There are measures to ensure the safety of women who are victims of violence, as well as their families and witnesses. Shelters in various homes around the island are utilised and provide emergency short-term housing. Police stations in or closest to the areas where the victims reside are also given copies of the Orders made, as a measure of information and protection for the victims. Victims are also encouraged to call the Police, once an order is in place, for emergency situations after hours. In addition, the Directorate of Gender Affairs has implemented a Counselling and Support Service, a Court Advocacy Service, Emergency accommodation, and a Victim Support Group. - 6 -
1.6. Do women who are victims of violence have access to pro-bono legal assistance? Women who are victims of violence do have access to pro bono legal assistance at two levels: at the Directorate of Gender Affairs which act as advocates on behalf of such women; as well as the national Legal Aid & Advice Centre, upon qualification.
1.7. Is the creation encouraged of groups of professionals to provide assistance to women who are victims of violence in order to pursue the relevant procedures designed to protect women and punish assailants? The creations of groups of professionals to provide assistance to women who are victims of violence in order to pursue the relevant procedures designed to protect women and punish assailants are encouraged. This includes legal assistance, help and support.
1.8. Are there models of intervention for women’s assailants? Not specifically
2. Do officials in charge of processing complaints of violence receive gender perspective training on the prevention, punishment, and eradication of violence? Yes, although these officials do receive adequate training there is always room for improvement in this area.
If so: 2.1. Is there supervision of officials that handle and implement proceedings on violence against women? Not at this time.
2.2. Are they informed of the penalties to which they could be liable for inaction or misconduct in connection with proceedings on violence against women Not at this time.
2.3. Do the officials that handle and implement proceedings on violence receive training on gender perspective and on prevention, punishment, and eradication of violence? Yes, officials such as some police, nurses and social workers are trained on gender perspective and on prevention, punishment and eradication of violence.
3. Is there a system of support designed to serve the immediate needs of victims of violence? Yes, by means of support groups, and the “Safe Haven” program.
If so: 3.1. Are there free emergency hotlines to provide advice to women who are victims of violence? Are such hotlines available all over the country? Yes, there is a free 24hr hotline that serves women all over the country.
3.2. Are there shelters to care for women violence victims and their children? If so, are they of a public or private nature, or both? - 7 -
Yes, we do have emergency accommodation for women and children who are victims of violence. This is provided by a non governmental organization.
3.3. Is the geographic distribution of shelters appropriate bearing in mind the number of complaints of violence received? Yes, it is appropriate in terms of the size of the country, with a population of approx. 75,000. 3.4. Is the creation of self-help groups for women who are victims of violence encouraged? Yes, this is encouraged; a support group was established for victims of violence who are encouraged to participate in the training sessions for self development and empowerment.
3.5. What type of free family guidance counseling services are available in the country? Support counseling is provided free of charge. Clinical counseling can be obtained from private individuals at a cost.
3.6. What type of rehabilitation programs are implemented for women violence victims? Self help groups are provided within the Emergency Accommodation Service and in the Victim support groups.
3.7. Mention any other support systems in place. The Court Advocacy Service.
3.8. Are there any social programs that provide appropriate services to assist the basic needs of women victims of violence? Yes, there is a social program that is provided to assist the basic needs of women victims of violence.
4. Is there a mechanism for control, evaluation, and follow-up on rehabilitation processes for women violence victims? No.
5. Are there schedules with set objectives to be met in the area of prevention, punishment, and eradication of femicide? No
III. NATIONAL BUDGET
1. Are there appropriations in the national and local budgets to finance anti-violence measures? Yes - 8 -
If the answer is yes, is there information available as to:
1.1. Appropriations in the national budget to strengthen the agency in charge or the national strategy on violence against women and to develop the national plan on violence against women. Please indicate amount and percentage. 0.08% or the budget or EC$603,730
1.2. Percentage of the Gross Domestic Product allocated to prevention, punishment and eradication of violence against women. There isn’t a specific amount allocated to prevention, punishment and eradication of violence against women but a proportion of the allocated budget to the Department is provided for the services offered. 1.3. Annual investment in dollars allocated to women’s police stations and/or police protection for women violence victims, their families, and witnesses? (Divide that amount by the number of persons protected to determine the amount per capita.) None
1.4. The estimated amount of investment in dollars allocated to emergency hotlines? (Divide that amount by the number of calls received to determine the amount per call.) EC$7300 is allocated to the hotline plus free telephone calls and personnel to manage the service.
1.5. The estimated amount of investment in dollars allocated to shelters? (Divide that amount by the number of people in shelters to determine the amount per capita.) Not known
1.6. Annual investment in dollars allocated to rehabilitation programs for victims? (Divide that amount by the number of participants in programs to determine the amount per capita.) Not known
1.7. Annual investment in dollars allocated to fund research and collection of statistics on violence against women? None
2. Are there appropriations in the national and local budgets to finance training programs intended to prevent violence against women? Yes
If the answer is yes, is there information available as to:
2.1. Annual investment in dollars allocated to awareness raising programs for primary school, secondary school, and university teachers? (Divide that amount by the number teachers and professors who receive training from programs to determine the amount per capita.) - 9 -
Not known
2.2. Annual investment in dollars allocated to training programs for service providers? (Divide that amount by the number of service providers who receive training from programs to determine the amount per capita.) Not known
3. Are there appropriations in the national budget to finance awareness raising programs on violence against women? Yes
If the answer is yes, is there information available as to: Annual investment in dollars allocated to awareness raising programs for children, young people and adults? (Divide that amount by the number of recipients of the training programs to determine the amount per capita.) Not known
4. Is there any cooperation between official agencies and non-governmental organizations on gender issues? Yes.
IV. INFORMATION & STATISTICS
1. Are statistics collected on judicial proceedings, trials, and sentences arising from complaints of violence against women? No
If the answer is yes, is there information available as to: 1.1. How many complaints of violence against women were lodged last year with official agencies?
1.2. How many arrests for violence against women were made last year? Not known
1.3. How many trials were held in the last three years in connection with violence against women and how many of those led to convictions?
1.4. How many police and administrative staff are assigned to protection of women victims and survivors of violence? All staff is assigned to protection of women victims and survivors of violence.
2. Are studies carried out and statistics collected on assistance provided to women who are victims of violence?
2.1. How many calls were received last year on emergency hotlines? (251) Two hundred and fifty one calls recorded - 10 -
2.2. How many shelters and with what capacity are there available in the country? 6 beds
2.3. What percentage of shelters are public and what percentage are private? 100% private
2.4. What percentage of hospital admissions are the result of violence against women? Not known.
3. Are studies carried out and statistics collected on deaths of women caused by violence?
3.1. How many women have been victims of homicide by attack or as a result of an attack by an intimate (ex) partner (femicide)? (Please provide up to date figures starting ten years prior to the entry into force of the Convention of Belém do Pará) Ten (10)
3.2. How many reported cases have ended in the homicide of the woman who lodged the complaint (femicide)? Not known
3.3. How many cases of femicide have led to convictions of the perpetrators? Seven (7) known cases
4. Are studies carried out and statistics collected on other data concerning the situation of women?
4.1. When was the last national census held? Were questions on gender based violence included? The last national census was held in May 2001, and although there were not specific questions on gender based violence there were questions on crime. [Note that in this instance crime is thought to encapsulate crime against any person or persons in the household].
4.2. How many women are there in the country? (Age groups: 0-14 (girls); 15-29 (young women); 30-44; 45 –59 (adults); 60 and above (elderly women) There are approximately 44,727 Females (2006 Estimate]
Age Group Females % of Population 0 - 4 yrs 3,882 5 – 9 yrs 4,063 10 – 14 yrs 4,010 Total 11,955 14.2% - 11 -
15 – 19 yrs 3,648 20- 24 yrs 3,471 25 – 29 yrs 3,789 Total 10,908 12.93%
30 – 34 yrs 4,252 35 – 39 yrs 4,022 40 – 44 yrs 3,341 45 – 49 yrs 2,529 50 – 54 yrs 1,894 55 – 59 yrs 1,437 Total 17,475 20.72% 60 – 64 65 – 69 70 – 74 75 – 79 80 – 84 Total 3,391 4.02%
**Summary: Social, Economic, Demographic & Housing Characteristics (National Statistics Office – Census 2001).
4.3. What percentage of the population do they represent? (See Table Above)
4.4. What percentage of the female population lives in rural areas? (Age groups) Not known
4.5. What percentage of the female population lives in cities? (Age groups) Not known
4.6. What percentage of the female population lives below the poverty threshold? The percentage of women that live below the poverty threshold is greater 6.3% (Expert Estimates, Statistics Division)
4.7. What percentage of the female population is illiterate? (Age groups) 0.58% of the female population is illiterate. (Note that although no annual literacy rate surveys have been conducted in Antigua and Barbuda; this information was retrieved by annual census). - 12 -
4.8. What percentage of the female population have completed primary school?
Age Total Daycare Pre- Infant/ Primary Primary Seconda Pre- University Other None N/S Yrs / School Kindergarten Standar Standard ry University Nursery d 4-6 Yrs 1 – 3 yrs 0-4 3,537 2,433 361 0 0 0 0 0 0 0 743 0 5-9 3,701 5 22 3,206 94 0 0 0 0 0 191 183 10- 3,653 4 6 1,990 271 1,309 57 0 0 1 0 16 14 15- 3,324 1 0 93 165 1724 848441 41 2 0 10 19 20- 3,163 0 1 23 14 259 1773 927 160 1 0 4 24 25- 3,452 1 0 4 28 338 1,978 864 232 2 0 4 29 30– 3,873 1 1 5 35 559 2,107 649 515 1 0 0 34 35- 3,664 0 0 19 45 661 2,076 502 353 2 0 6 39 40- 3,045 1 0 2 42 536 1688 421 352 0 0 2 44 45- 2,304 0 0 4 46 545 1,143 261 303 0 0 2 49
50- 1,725 0 0 2 36 659 639 219 169 0 0 1 54 55- 1,310 0 1 4 33 615 427 120 108 0 0 1 59 60- 1,020 0 1 4 52 519 259 91 93 0 0 1 64 65- 856 0 1 0 41 519 177 54 64 0 0 0 69 70- 751 0 0 1 39 497 116 63 36 0 0 0 74 - 13 -
75- 550 0 0 0 47 382 66 35 20 0 0 0 79 80- 419 0 0 0 25 303 47 22 12 0 0 0 84 85- 258 0 0 1 23 184 23 19 7 0 0 0 89 90- 123 0 0 0 13 82 17 8 2 0 0 0 94 Ov 22 0 0 0 4 16 1 1 0 0 0 0 er 94 yrs N/S 29 0 0 0 2 17 7 1 1 0 0 0 *N/S = Not Stated **Summary: Social, Economic, Demographic & Housing Characteristics (National Statistics Office – Census 2001). - 14 -
4.9. What percentage of the female population has completed secondary school? (See Above Table)
4.10. What percentage of the female population has completed tertiary and/or university education? (See Above Table)
4.11. How many women are in jail? Seven (7) women out of the total prison population which is (187) are in jail.
4.12. What percentage of the female population is economically active?
POPULATION 15 and Over by Main Economic Activity and Sex
Activity Total Male Female
Worked 35,995 18,083 17,912 Had a job but didn’t work 230 98 132 Looked for work 2,944 1,398 1,546 Wanted work 385 191 194 Home duties 4,351 442 3,909 Attended school 4,951 2,213 2,738 Retired 3,908 1,694 2,214 Disabled, unable 796 327 468 Other 480 250 230 Not stated 1,112 585 527
**Summary Social, Economic, Demographic, and Housing Characteristics (National Statistics Office – Census 2001)
5 Are studies carried out and statistics collected on training programs for prevention, punishment, and eradication of violence against women? No.
5.1. What percentage of primary, secondary, and university teachers receives information on violence against women? None
5.2. What percentage of social and judicial service providers receives training on gender issues and information on violence against women? Less than 50%
6. How are these data disseminated? Are they public and easy to access? No - 15 -
7. What kind of gender training is provided for people who elaborate and apply instruments to collect statistical information?
8. Does the State have a monitoring agency for citizens on violence against women? What is its impact? Yes, the agency is the Directorate of Gender Affairs that is under resourced to be able to measure the impact. - 17 -
COUNTRY REPORT APPROVED BY THE COMMITTEE OF EXPERTS ON VIOLENCE (CEVI)
PREAMBLE
Taking into account that the purpose of the Inter- American Convention on the Prevention Punishment, and Eradication of Violence against Women, Convention of Belém do Pará is ‘to protect women’s rights and eliminate violent situations that may affect them, because every woman has the right to a life free from violence in both public and private spheres,’ it is necessary to analyse and access the existing structures in Antigua and Barbuda in carrying out the mandates adopted by the thirty -first meeting of the assembly of delegates of the CIM to begin the process to establish an appropriate follow- up.
The response to the survey by the jurisdiction of Antigua and Barbuda was assigned to the expert from Barbados to evaluate the mechanisms, policies and programs in place in Antigua & Barbuda, that eradicate violence against women.1/ This evaluation of Antigua and Barbuda’s response, mirrored the approach adopted in the questionnaire and was sectionalised accordingly:-
(i) Laws regulations in force & national plan; (ii) Access to justice; (iii) National budget; and (iv) Information & statistics.
SUMMARY OF CONCLUSIONS
The findings emerging from the evaluation of the survey by the Expert indicate that Antigua and Barbuda has complied with many of the salient underlying objectives and features of the Convention of Belém do Pará; certainly as it relates to aspects (i) and (ii) above. Antigua & Barbuda admits however that further work as regards the availability of necessary statistical analysis and data relating to parameters identified in (iii) and (iv) above, is required.
Antigua and Barbuda has implemented coherent national strategy and / or plan of action designed for the prevention, punishment and eradication of violence against women. Several laws exist which either directly or indirectly speak to the question of violence against women.
The ambit and scope of the specific legislation is broad, containing the necessary accompanying sanctions compelling adherence to the legislation. Significant administrative support exists in the form of the Directorate of Gender Affairs, which is the national body charged with responsibility for promoting the advancement of women and Inter – government dialogue exists informally operating as a mechanism for the dissemination of information among legislators and Government personnel who are provided with information on gender issues and violence by way of periodic reports. The domestic violence program run by this agency is a comprehensive program that
1Lesley A. Walcott, is currently away on sabbatical leave from the University of the West Indies. - 18 -
works in collaboration with several community groups and organizations in addition to other government ministries and departments as identified. An intricate net-work of social support exists including accommodation, meals education and a 24hr toll- free hotline. These mechanisms are flexible and ensure victim access.
The perennial difficulty confronting Antigua and Barbuda, is the system of data collection. Although a valuable 2001 study was conducted, further information and statistics would assist in the continuation of the effective planning of programs to eradicate all forms of violence against women. Overall, from a legislative, administrative and social perspective, the current regime governing domestic violence in Antigua & Barbuda appears to be adequate in light of the statistics recorded in this jurisdiction.
In sum, Antigua and Barbuda is in compliance with Convention of Belém do Pará. The identification and sourcing of additional international, regional and / or local support is however recommended.
While general conclusions and recommendations are summed up at p. 15, within each Chapter, identifiable strengths and / or weaknesses, if any, are highlighted, for convenience.
CHAPTER 1 LAWS REGULATIONS IN FORCE NATIONAL PLANS
Antigua & Barbuda has made significant progress with respect to the enactment of laws addressing the critical issue of violence against women. Thus, within the last two decades, domestic law reform has been implemented addressing the prevention, punishment and eradication of violence against women.
The laws which speak either directly or indirectly to violence against women are:
(i) Inter-American Convention on the Punishment, Prevention and Eradication of Violence against Women, which became domestic law in 1995.2/
(ii) Sexual Offences Act3/
(iii) Domestic Violence (Summary Proceedings) Act4/5/
Ambit & scope of the legislation :
The ambit and scope of the legislation is broad. The Sexual Offences Act embraces rape, sexual assault within marriage, sexual encounters with minors, indecent assault and abduction.
2. S.I. 27 of 1995. 3. No. 9 of 1995. 4. No. 3 of 1999. 5. Supplementary provision include , where the alleged conduct involves a child/dependent, and where the dependent is mentally disabled [Section (2) & (3)]. Also, an application for a tenancy can be made by the respondent’s spouse as mentioned in subsection (1) (a) or by a parent or guardian of a child or dependent. - 19 -
Similarly, the Domestic Violence (Summary Proceedings) Act,6/ adopts a broad stance. This Act identifies Domestic Violence as “any act of violence whether physical or verbal abuse perpetrated by a member of a household upon a member of the same household which causes or is likely to cause physical, mental or emotional injury or harm to the abused party or any other member of the household. According to the act, the following persons are entitled to apply for an order:7/
1) The spouse of the respondent who is the person on whom the alleged conduct has been, or is likely to be perpetrated by the respondent;
2) Any member of the household on his own behalf any other member of the household; or
3) The parent of the specified person or of the respondent though not residing in the household, on behalf of the specified person.
Moreover, public officials who fail to enforce laws against violence are constrained by the mechanisms that logically exist under ancillary Administrative law. Indeed, despite the absence of a specific penalties pertaining to public officials in Antigua and Barbuda, regional jurisprudence on the rules of natural justice under Administrative law clearly indicate that an effective monitoring mechanism operates to which all government officials are subject.8/
Strengths
The strengths can be distilled in the following way:
(i) Broad ambit and scope of the legislation;
(ii) Where the specific law fails to affirmatively address a specific issue then residually, assistance can be sought from the ancillary general Laws. For instance, the Small Charges Act, imposes a penalty for harassment, threats or endangering life and property. This legislation, while not specifically raising or addressing the issue of gender, does buttress the Domestic Violence (Summary Proceedings Act) which directly addresses the issue;
(iii) International conventions provide necessary support for the domestic legislative regime. Penalties for transnational forms of violence against women, including trafficking in women and children and forced prostitution exist in the international arena under the United Nations Convention against Transnational Organized Crime.9/
6. No. 3 of 1999. 7. It is noted that there are subsequent allowances where the alleged conduct involves a child/dependent, and where the dependent is mentally disabled [Section (2) & (3)]. Also, an application for a tenancy can be made by the respondent’s spouse as mentioned in subsection (1) (a) or by a parent or guardian of a child or dependent. 8See for instance, United Security Life And General Insurance Company Limited v. Supervisor of Insurance(1990) 1 Trin LR 410; Narsham Insurance ( Bds ) Ltd v. Supervisor of Insurance and Another(1999) 56 WIR 101. 9[17/12/02]. - 20 -
The legislative objective is the punishment of perpetrators and / or the deterrence of future sexual offences which appears to be the over- arching theme of the legislation. Monetary, victim’s compensation, is not expressly provided for under the Act, but a judicial officer can order compensation where injury has occurred.
The existing legislation is silent on the compulsory assistance and / or re-education for violent men although the facility of counseling is available under the Domestic Violence (Summary Proceedings) Act. This is predicated the victim’s consent.
NATIONAL STRATEGY
Antigua and Barbuda has implemented a national strategy and / or plan of action designed for the prevention, punishment and eradication of violence against women. The Directorate of Gender Affairs is the national body charged with responsibility for promoting the advancement of women. Further it this body which implements and monitors the application of- Convention Belém do Pará in Antigua and Barbuda.
As stated earlier, the Directorate of Gender Affairs is the body charged with monitoring and facilitating the social, economic and political development of women in Antigua and Barbuda. The Directorate falls under the auspices of the Ministry of Labour, Public Administration and Empowerment.10/ It is considered the primary agency in charge instituting national strategies towards the reduction and ultimate elimination of Domestic Violence. The Directorate works closely with the Ministries of Health, Social Transformation, Justice and Legal Affairs.
It appears that the domestic violence program, currently being administered by the Directorate, is a comprehensive program that works in collaboration with several community groups and organizations (including other government ministries and departments) to prevent and eliminate violence against women. The program includes:
(i) A crisis response to all forms of violence against women which 9includes a 24hr crisis hotline, a court advocacy service, emergency accommodation, information and support services, confidential crisis counseling and a victim support group;
(ii) Training of key occupational groups, such as lawyers, police, judiciary, health professionals, social workers and teachers to ensure a better understanding of the effects of violence against women and knowledge of the services available;
(iii) Community based education and awareness program;
10. There appears to be no dedicated /exclusive Ministry entitled, for instance, ‘The Ministry of Gender Affairs,” the deficiency, if indeed there is one, appears to be with respect to the label used as opposed to the substance ie the issue of domestic violence. - 21 -
(iv) Training seminars have been provided and some members of the legislators and parliamentary staff participated;
(v) Inter- government dialogue-Information is disseminated among legislators and Government personnel who are provided with information on gender issues and violence by way of periodic reports;
(vi) Facilities for expert visits to legislatures have been arranged and relevant information on violence against women has been disseminated at the national, provincial and local lawmaking bodies. Strengths
An evaluative study of the implementation of the Domestic Violence Legislation was conducted by UNECLAC in 2001 and included several Caribbean territories including Antigua and Barbuda. Technical assistance was provided under the Family Law and Domestic Violence legislative Reform Project. The Family Law and Domestic Violence Legislative Reform Project, an initiative of the Eastern Caribbean Supreme Court aimed to reform the family and child laws so as to meet the obligations and normative standards set out in the Convention on the Elimination of all Forms of Discrimination against Women and the Convention on the Rights of the Child. This study highlighted a number of areas that need to be more comprehensive and included the need for a coherent definition of domestic violence, eligible abused persons, nature of the orders granted and enforcement mechanisms.
Recommendations:
As identified by the Domestic Violence Legislative Reform Project:
(i) Reform of family and child laws so as to meet the obligations and normative standards set out in the Convention on the Elimination of all Forms of Discrimination against Women and the Convention on the Rights of the Child. a) coherent definition of domestic violence and eligible abused persons and b) nature of the orders granted and enforcement mechanisms needs to be expanded;
(ii) Follow up technical assistance to the 2001 initiative;
(iii) The internal dissemination of information among departments need needs to placed on a sound footing arrangement.
CHAPTER 2 ACCESS TO JUSTICE
The parameters as identified in the questionnaire are for the most part, satisfied in Antigua and Barbuda. Once proceedings have been initiated under the Domestic Violence (Summary Proceedings) Act, matters are given priority and urgent hearing, in view of the nature of the offence. The focus of the legislation is that of rehabilitation, but penal response is not precluded as strong measures may be merited including detention and incarceration, for breach of orders by abusers. - 22 -
The process requires a complaint to be filed at the Magistrate’s Court. Additionally, complaints may be filed with the Police, the directorate of Gender Affairs and a 24hr toll free hotline is available. The current facilities for domestic violence appear adequate, given the case load, the geographic coverage and the incidence of violence recorded in that area as statistic indicate that there is not a ‘great number’ of applications.
It is difficult to identify the specific time- lag between the receipt of a complaint and the adoption of special measures to protect the physical and psychological integrity and property of women who are victims of violence. The time varies on average, from the filing of a complaint and the adoption of special measures to protect the physical and psychological integrity and property of women who are victims of violence is approximately. The time period ranges from just a few days, to several weeks/months. However, immediate assistance is usually provided by the 24hr Crisis hotline operated by the Directorate of Gender Affairs
There are measures to ensure the safety of women who are victims of violence, as well as their families and witnesses. Shelters in various homes around the island are utilised and provide emergency short-term housing. Police stations in or closest to the areas where the victims reside are also given copies of the Orders made, as a measure of information and protection for the victims. Victims are also encouraged to call the Police, once an order is in place, for emergency situations after hours. In addition, the Directorate of Gender Affairs has implemented Counseling and Support Service, a Court Advocacy Service, Emergency accommodation, and a Victim Support Group.
A significant logistical obstacle to relief i.e. costs is addressed. Women who are victims of violence have access to, pro bono, legal assistance at two levels. At the level of the Directorate of Gender Affairs which acts as an advocate on behalf of such women; as well as the level of the national Legal Aid & Advice Centre. Additionally, professional groups are encouraged to provide assistance to women who are victims of violence and to assist in the development and implementation of procedures designed to protect women and punish assailants. . This includes legal assistance, help and support.
Strengths
(i) Officials in charge of processing complaints of violence receive gender perspective training on the prevention, punishment, and eradication of violence.
(ii) Particularly, members of the police force, nurses and social workers are trained on gender perspective and on prevention, punishment and eradication of violence.
Strengths continued - the provision of social services;
A myriad of supplementary social services assist the victims of domestic violence, these include, self- help groups are provided within the Emergency Accommodation Service and victim support groups. In addition, family guidance counseling services are available. Support counseling is notably provided free of charge, while clinical counseling can be obtained from private individuals at a cost.
(i) Several social groups lend assistance to the victims of domestic violence; - 23 -
(ii) Free emergency hotlines operate providing advice to the victims of violence. These are easily accessible and are available 24 hrs throughout the country.
(iii) Emergency accommodation exists provides shelter for the victims of domestic violence victims and their children. This is non - governmental in character.
(iv) Geographical distribution of shelters appears to be appropriate bearing in mind the number of complaints of violence received, since Antigua and Barbuda has a population of approx. 75,000.
(v) Programs are provided in collaboration with government and private agencies. They include a feeding programme, where meals are provided and weekly distribution of food items; a shelter to provide safe accommodation; employment skills training to assist the victims if they are unemployed to find viable employment opportunities. Education and awareness are provided by the Directorate of Gender Affairs.
WEAKNESS
A significant obstacle to the overall access to justice “[is] slow wheels of justice.” There is a clear and urgent need to increase the number of Magistrates to address the perennial back -log in the case load. Moreover, exacerbating the problem, the office of Gender Affairs is not adequately staffed in light of the caseload and geographic coverage. Further, there are no police stations or specialized services which focus on women’s issues that have protocols on victim’s assistance in their languages.
Recommendations
(i) Increase the number of Magistrates, to address the backlog;
(ii) The regime could be enhanced with the implementation of specialized services or the establishment of a dedicated Courts, geared to address domestic violence.11/
(iii) In an increased global environment, protocols in other languages for instance Spanish should be readily available at police stations and hospitals. This would assist the victims of domestic violence.
CHAPTER 3 NATIONAL BUDGET
Financial arrangements have been put in place by way of an annual appropriation in the national and local budget of Antigua and Barbuda. This finances the anti-violence initiatives and, inter alia, strengthens the agency in charge of the national strategy on violence against women. It is estimated that approximately EC$7300 is allocated to the dedicated telephone hotline, plus free telephone calls and personnel to manage the service. This extends to the training of relevant personel -appropriations being made to finance training programs intended to prevent violence against women which according to statistics indicate that 0.08% of the budget or EC$603,730 is allocated. There
11. Possibly the provision of incamera, hearings and reforms to the rules of evidence. - 24 -
however there is no specific percentage of the amount identified for domestic violence as it relates to the overall Gross Domestic Product.
Weaknesses
The main weakness, identified below, pertains to the absence of specific statistical data. Thus:
(i) No information on the annual investment in dollars allocated to women’s police stations and/or police protection for women violence victims, their families, and witnesses.
(ii) No available data on the estimated amount of investment in dollars, allocated to shelters;
(iv) No data on the annual investment in dollars allocated to rehabilitation programs for victims;
(v) No data on the annual investment in dollars allocated to fund research and collection of statistics on violence against women; (vi) No information available on the estimated annual investment,in dollars, allocated to a) awareness raising programs at the primary, secondary and tertiary level; b) training programs for service providers c) awareness raising programs for children, young people and adults.
Recommendations:
(i) Additional statistical information needs to be gathered( -up- to date-) surveys and ‘follow -ups’, providing information on:
Annual investment in dollars, shelters and witnesses; Annual investment in dollars allocated to rehabilitation programs for victims; Annual investment in dollars allocated to fund research and collection of statistics on violence against women; Annual investment allocated to a) awareness raising programs at the primary, secondary and tertiary level; b) training programs for service providers c) awareness raising programs for children, young people and adults.
(ii) Incidence of domestic violence on men? Does the regime embrace male victims?
CHAPTER 4 INFORMATION & STATISTICS
There was limited information and/ or statistics provided with respect to many of the parameters identified in the section of the questionnaire. Prima facie, the capacity of six beds does not seems sufficient even in light of the population of 75,000 moreover these are private in nature so - 25 -
that no public facility appears to be available.12/ Available data indicates that there are more men in 13/ jail, than women. Seven (7) women out of the total prison population which is (187) are in jail. Statistics reflect general norms indicating a marginal increase in the female population over the male population who have completed secondary school, completed tertiary and/or university education and the percentage of females which is economically active. Importantly, all members of the Royal Police Force are assigned to protection of women victims and survivors of violence. The available statistics can be distilled in the following manner:
(i) Two hundred and fifty one (251) calls were received last year on emergency hotlines;
(ii) Ten (10) women have been victims of homicide by attack or as a result of an attack by an intimate (ex) partner (femicide), starting ten years prior to the entry into force of the Convention of Belém do Pará what is not known however, is the number of reported cases have ended in the homicide of the woman who lodged the complaint;
(iii) Seven (7) known cases of femicide have led to convictions of the perpetrators;
(iv) In the 2001 national census, although there were questions on crime, none of the questions posed, specifically addressed gender based violence.
Weaknesses
The main weakness, lies in the absence of affirmative data, the are no studies currently being conducted on the implementation of training programs for prevention, punishment, and eradication of violence against women and no particulars as to the percentage of primary, secondary, and university teachers receives information on violence against women. There is limited, available data. Less than 50 per cent of social and judicial service providers receive training on gender issues and information on violence against women and the data is not public and thus is not easily accessible.
(i) No statistics on judicial proceedings, trials, and sentences arising from complaints of violence against women so no ancillary information is available on the gender breakdown or specifics as to how (a) how many arrests for violence against women were made last year (b) the number of trials held within the last three years in connection with violence against women and how many of those led to convictions;
(ii) There appears to have been no study conducted and / or available statistics on the assistance provided to women who are victims of violence;
(iii) No statistics available on the percentage of hospital admissions as the result of violence against women.
Recommendations
Consistent system of evaluation on matters pertaining to:
12. See comments made earlier, at p. which indicate that there are a relatively low number of complaints which may render the provision of six bed appropriate. 13. See table below. - 26 -
(i) Statistics on judicial proceedings, trials, and sentences arising from complaints of violence against women illustrating gender breakdown and /or specifics as to how (a) how many arrests for violence against women were made last year(b) the number of trials held within the last three years in connection with violence against women and how many of those led to convictions and on the percentage of hospital admissions as the result of violence against women;
(iii) Follow up measures to the 2001 support;
(iv) Sourcing of additional international technical and financial support.
OVERVIEW OF RECOMMENDATIONS
As identified by the Domestic Violence Legislative Reform Project:
Reform of family and child laws so as to meet the obligations and normative standards set out in the Convention on the Elimination of all Forms of Discrimination against Women and the Convention on the Rights of the Child. a) coherent definition of domestic violence and eligible abused persons and b) nature of the orders granted and enforcement mechanisms needs to be expanded;
Additional statistical information needs to be gathered( -up- to date-) surveys and ‘follow -ups’, providing information on:
Annual investment in dollars, shelters and witnesses;
Annual investment in dollars allocated to rehabilitation programs for victims;
Annual investment in dollars allocated to fund research and collection of statistics on violence against women;
Annual investment allocated to a) awareness raising programs at the primary, secondary and tertiary level; b) training programs for service providers c) awareness raising programs for children, young people and adults;
Incidence of domestic violence on men? Does the regime embrace male victims.
Follow up technical assistance to the 2001 initiative;
The internal dissemination of information among departments to needs be placed on a sound footing; Consistent system of evaluation on matters pertaining;
Follow up measures to the 2001 support;
Sourcing of additional international technical and financial support. 0ba122f074fef6ef569fe5e2f065d9ee.doc