Regional Report: Asia Pacific
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CONTENTS REGIONAL REPORT: ASIA PACIFIC DUE DILIGENCE AND STATE RESPONSIBILITY TO ELIMINATE VIOLENCE AGAINST WOMEN
I.Introduction ……………………………………………. 1 1.1 Due Diligence Principle ………………………………………...… 1 1.2 Evolution of the Due Diligence Principle………………………. 1 3 1.3 Purpose, Scope and Methodology……………………………..
II. Situational Context (Regional) …………………… 7 2.1 Socio-political-legal context …………………………………… 7 2.2 An overview of violence against women in the Asia Pacific 8 region ……………………………………………………………….. III. Research Findings (Asia Pacific)………………… 31 3.1 A Methodological Note on the Survey for Asia Pacific Region ……………………………………………………………… 31 3.2 Prevention …………………………………………………………. 33 3.4. Protection ………………………………………………………… 45 3.5 Prosecution and Investigation ………………………………… 49 3.6 Punishment ………………………………………………………... 52 3.7 Provision of Redress ……………………………………………… 53
IV. Conclusion - Best Practices …………………….. 55 Appendix 1: Socio-Political-Legal Context of the Asia Pacific Countries ……………………………………………….. 56
Appendix 2: Table ……………………….…………………….. 72
Annex 1: Due Diligence Framework ……...……… 93 Annex 2: Questionnaire ……………………………. 99
1 2 CHAPTER I INTRODUCTION
1.1 Due Diligence principle situation of violence against women to such an extent that it is now generally accepted to include an Public international law mandates that States take obligation of the State to prevent, protect against, action to prevent, protect, fulfill and promote human prosecute, punish and provide redress for acts of rights. A State is obliged to take positive measures to violence against women (“5Ps”). prevent human rights abuses before they occur, such as adopting relevant laws and policies, and to The concept of due diligence shows tremendous effectively prosecute and punish them once they have potential for holding a State accountable for acts of occurred. While most States regard themselves bound violence against women perpetrated by non-state to comply with an international standard of actors in all spheres and for addressing more responsibility, there is no consensus as to what States effectively the pandemic at its sources. These include must do to minimally comply with this responsibility. violence committed within the home, within the community and within the transnational sphere, Traditionally States are only responsible for their own irrespective of whether they are committed by the actions. Gradually, the obligation evolved to extend State, deemed to be condoned by the State or from the duty to prevent human rights abuses by the committed by non-State actors. State and its agents, to also include not those by non- state actors but also those committed in the so-called ‘private sphere’. In order to determine whether a State 1.2 Evolution of the Due Diligence has met this obligation, public international law has Principle developed the principle of due diligence. That is, a State must act with due diligence to respect, protect, The 1988 Velázquez Rodríguez case of the Inter- fulfill and promote human rights. American Court of Human Rights is the landmark case which clearly set out the due diligence principle and This principle of due diligence has been developed to State responsibility for violations of human rights increasingly apply to the issue of violence against caused by non-State agents. “An illegal act which women, where in the majority of the cases violence is violates human rights and which is initially not directly perpetrated by non-state actors, for example by a imputable to a State (for example, because it is the act close male relative or intimate partner. In fact, the most of a private person or because the person responsible common form of violence experienced by women has not been identified) can lead to international globally is intimate partner violence1. It is estimated responsibility of the State, not because of an act itself, that one in three women experiences violence in her but because of the lack of due diligence to prevent the lifetime. Situations of armed conflicts constitute violation or to respond to it as required by the another context where women are increasingly Convention”.3 experiencing violence at the hands of non-state actors, such as paramilitary and militia groups. It is for Several international resolutions, outcome documents instance estimated that between 250,000 and 500,000 and mandate holders have furthered the women were raped in Rwanda during the 1994 understanding of this principle. General genocide, that between 20,000 and 50,000 women Recommendation no. 19 (1992) of the Committee on were raped in Bosnia during the conflict in the early the Elimination of All Forms of Discrimination Against 1990s, and that around 200,000 women and girls were Women (“CEDAW Committee”) and the United Nations raped during the armed conflict in Bangladesh in General Assembly 1993 Declaration on the Elimination 1971.2 of Violence against Women underline that States are responsible for private acts of violence against women This ‘due diligence’ principle has been applied to the if they fail to act with due diligence to prevent, protect against, investigate, punish and redress such acts of 1 UN Secretary-General’s Study on Violence against Women, A/61/122/Add.1, para. 112. 3 Velázquez Rodríguez v. Honduras, judgment of July 29, 2 Ibid, para. 146. 1988, Inter-Am. Ct. H.R. (ser. C) No. 4, para. 172.
3 violence.4 This point was later reiterated in the stabbed by her estranged husband, Irfan Yıldırım. Platform for Action of the Beijing World Conference on Despite her repeated requests to the police that he be Women as well as in a number of regional and detained, he was not. The CEDAW Committee 5 determined that the police knew or should have known international documents and court decisions. Also, in of the extreme danger faced by Fatma Yıldırım, and its 1994, the resolution establishing the mandate of the failure to arrest and detain Irfan Yıldırım constituted a Special Rapporteur on violence against women its failure of its due diligence obligation to protect her. causes and consequences emphasized “the duty of Governments to refrain from engaging in violence The Inter-American Commission on Human Rights, in against women and to exercise due diligence to the case of Maria Da Penha v. Brazil concluded that prevent, investigate and, in accordance with the State’s failure to prosecute or punish the repeated national legislation, to punish acts of violence violence faced by Maria da Penha, perpetrated by her against women and to take appropriate and then husband, after over 15 years of the case pending effective action concerning acts of violence before criminal court, amounted to a violation of a against women [emphasis added], whether those acts State’s obligation not only to prosecute and convict but are perpetrated by the State or by private persons, and also to prevent these acts of violence.10 In its recent to provide access to just and effective remedies and 6 Campo Algodonero case, the Inter-American specialized assistance to victims”. The Special Commission found Mexico in violation of the American Rapporteurs have also focused on this issue in a Convention on Human Rights and the Convention of number of their thematic reports.7 Belem do Para for its failure to adequately prevent, prosecute and punish the murders of three young This principle of due diligence, has been further women.11 While acknowledging that the duty to fleshed out in a series of recent international and prevent is one of “means and not results”,12 the Court regional opinions and cases. The CEDAW Committee found that given that the State knew of the existence of for example has addressed a State’s due diligence a pattern of violence that has killed hundreds of obligation in its communications on violence against women and girls, the State “did not act with the women under the Optional Protocol to CEDAW. In required due diligence to prevent the death and abuse A.T. v Hungary8 the CEDAW Committee found the suffered by the victims adequately”,13 “nor did it State responsible for failing to take all appropriate 14 measures to prevent and protect A.T. from repeated effectively investigate the incidents of violence”. In attacks by her common law husband, L.F., despite her its latest decision, the Inter-American Commission on several attempts to seek protection from the Human Rights in the case of Jessica Lenahan authorities. This included the failure to enact relevant (Gonzales) v. United States,15 held the United States legislations and to provide adequate shelters. In responsible for police failure to respond to situations of 9 Fatma Yıldırım v Austria, Fatma Yıldırım was fatally domestic violence with due diligence.
4 CEDAW, General recommendation 19: Violence against The European Court of Human Rights, in the case of women, 11° session, 1992, U.N. Doc. HRI\GEN\1\Rev.1 at 84 16 (1994), para. 9. United Nations, Declaration on the Elimination Osman v U.K. held that the Convention implied, of Violence against Women. General Assembly resolution under certain circumstances, a positive obligation on 48/104 of 20 December 1993. A/RES/48/104, February 23, the authorities to take preventive measures where 1994, Article 4.c. there is a ‘real and immediate’ risk. Later, in the case 5 United Nations, Report of the Fourth World Conference on Women, Beijing, September 4 to 15, 1995, Beijing Declaration and Platform for Action approved at the 16° plenary session held on September 15, 1995. 10 Case 12.051, Report No. 54/01, Inter-Am. C.H.R., Annual A/CONF.177/20/Rev.1, para. 1245b. See also 1994 Inter- Report 2000, OEA/Ser.L/V.II.111 Doc.20 rev. (2000). paras. American Convention on the Prevention, Punishment and 55 and 56. Eradication of Violence against Women, “Convention of
Belém do Pará, para. 7(b), 1994. 11 Inter-Am.C.H.R., Annual Report 2009, OEA/Ser.L/V.II.111 Doc.20 rev. (2000) and González et al. 6 Resolution E/CN.4/RES/1994/45, para 2. (“Campo Algodonero”) v. Mexico, Inter-Am. C.H.R. Judgment 7 See E/CN.4/1999/68, para. 25; E/CN.4/2006/61; and of Nov, 16 2009. A/HRC/7/6 (2008), paras. 69-115. 12 Ibid, para. 279. 8 Communication No.: 2/2003, Ms. A.T. v. Hungary (Views 13 Ibid, para. 284. adopted by the CEDAW Committee on 26 January 14 Ibid, para 389. 2005, thirty-second session under the Optional Protocol to 15 Report No. 80/11, Case 12.626 Merits July 21, 2011 CEDAW). 16 Osman v. the United Kingdom, § 115, Reports 1998-VIII, 9 Communication No.: 6/2005, Fatma Yıldırım v. Austria European Court of Human Rights Judgment dated 28 October (Views adopted by the CEDAW Committee on 6 August. 1998.
4 of Opuz v Turkey17, the court also found that the acts of violence against women, whether authorities ‘knew or ought to have known’ the ‘real and committed by State or non state actors. immediate risk to the life of an identified individual’, and were therefore obligated to take preventive Section II sets out the purpose, scope and measures, that could have forestalled the eventual methodology of the report. It delineates the stabbing and death of the applicant’s mother by the scope of the report, including providing the applicant’s then husband. Most recently, the due definition of violence against women used diligence principle has received much attention from and the various forms of violence, contexts the Council of Europe, particularly in light of the latest and groups of women focused on in Convention on Preventing and Combating Violence particular. Finally section II also shares the against Women and Domestic Violence 2011 (Article methodology of the report, locating it within 5) which compels State parties to take the necessary the larger Due Diligence Project, and legislative and other measures to exercise due describing the various inputs that went into diligence to prevent, investigate, punish and provide the elaboration of the report. reparation for acts of violence. Section III delves into the situational context The European Convention and the latest Inter- of the Asia Pacific region, detailing the American Commission decision of Jesicca Lenahan relevant socio-political-legal context within (Gonzalez) delivered a few months ago, in particular which the violence against women and have given impetus to the Due Diligence Project, related State (in)action is taking place. It also underlining its importance and timeliness. elaborates on the forms of violence particularly visible in this region, and the 1.3 Purpose, Scope and Methodology manner in and extent to which the due diligence principle has unfolded within the Purpose region.
This report explores the Due Diligence principle in the context of the Asia Pacific region. The report aims to Section IV lays out the findings of the report. enhance and add content to the understanding of a Trends are indentified, good practices State’s ‘due diligence’ obligation to prevent, protect, illustrated, and recommendations made. prosecute, punish and provide redress for acts of These are organized according to five areas violence against women. It also has the objective to in which the due diligence principle is create a set of indicators to better assess when this applicable, namely prevention, protection, obligation has been satisfied. The report further seeks prosecution, punishment, and provision of to highlight instances of good practices where this redress. In this report, these five areas are obligation is deemed to have been satisfied, in whole also referred to as the “5P’s” or in part, and to issue a set of recommendations for achieving the same. Section V closes with conclusions and reflections for future action. It is hoped that this report will be of use to those stakeholders working towards the elimination of violence against women. These include Government Scope officials setting policies and programmes, advocates working towards their effective implementation, and The definition of ‘violence against women’ adopted by those on the front lines tasked with ensuring that those the report is based on the definition contained in the victims/survivors of violence ultimately benefit. 1993 UN Declaration on the Elimination of Violence against women: The report is divided into five sections: “ Any act of gender-based violence that results Section I introduces the principle of ‘due in, or is likely to result in, physical, sexual or diligence’ and its evolution to the point where psychological harm or suffering to women, today it is generally accepted that a State including threats of such acts, coercion or has an obligation to prevent, protect, arbitrary deprivation of liberty, whether occurring prosecute, punish and provide redress for in public or in private life.”
17 ECHR, Case of Opuz v. Turkey, Judgment of 9 June It considers violence against women to be any act of 2009/
5 physical, sexual, psychological and economic acts of law and how it is being commonly applied today. It also violence and notes that violence against women can looks at the context of violence against women, its take many different forms and occur in many different historical roots of exclusion and invisibility in the settings. The forms of violence looked at in this report human rights discourse, as well as its later recognition included but were not limited to intimate partner as a violation of human rights; and violence; rape and sexual assault; trafficking; sexual harassment; forced sterilization; forced or early (2) The regional component seeks to provide primary marriage; harmful practices, such as female genital data and regional specificities that cannot be captured mutilation; and femicide/ feminicide. And the various at the global level. This is accomplished through a settings observed were within the family, the questionnaire; meetings with regional experts; and community, during times of peace and in times of continued publicly accessible research on State conflict. compliance in each region. The Project has divided the six regions of the world as follows: Africa; Asia-Pacific; The report does not limit itself to analysis of the acts of Europe; Latin America and the Caribbean; Middle East violence themselves but rather explores their structural and North Africa; and North America and Australia and roots such as patriarchy, the relationship between New Zealand. This report falls within the regional social economic and cultural rights on violence against component of the larger Due Diligence Project and women as well as intersectionality between violence seeks to capture those findings which came out of the against women and how they relate to other issues regional process as well as feed into the larger global (e.g. race, ethnicity, poverty, religion, sexual process. orientation). On this latter point the report attempts to take into account how being part of a particular group Various inputs informed the substance of this report: (e.g. such as migrant, displaced, or stateless women) affects that woman’s likelihood of becoming a victim of (1) Literature Review: The Project has violence to begin with and her ability to seek adequate conducted extensive literature review in the relief after the fact. following areas: including but not limited to international, regional and national Whereas the report does make a conscious choice to jurisprudence; laws; national action plans; use the term ‘violence against women’ rather than State reports, submissions, pledges and ‘gender based violence’ this should in no way be statements at international fora and to deemed to be at the expense or to the detriment of international bodies; academic journals and other forms of gender based violence which are just as writings; and civil society reports and egregious and worthy of attention and care. It does so statements in the area of violence against rather for reasons of limitation of scope and, the due women. diligence principle being an international legal obligation, for reasons of invoking particular language of certain international treaties and instruments. Nonetheless, where relevant, gender based violence (2) Global expert meetings: The Due Diligence will be included throughout the course of this report. Project has called two global expert meetings to date. The first of the meetings was held on Methodology 26-27 April 2011 in Boston, USA. The main goal of the meeting was to brainstorm and This report is located within the larger Due Diligence strategize on the meaning and content of the Project. The Due Diligence Project is a research- due diligence principle and in particular the advocacy project which aims to collect good practices duty to prevent, protect, prosecute and and State actions in the formulation, implementation investigate, punish and provide reparations. and enforcement of policies, laws, procedures and Another goal of the meeting was to discuss processes as well as develop due diligence standards and finalize the questionnaire, methodology and indicators on State compliance with obligation to and execution of the Due Diligence Project. prevent, protect, investigate, prosecute, punish and The second meeting was an expert drafters provide redress in relation to violence against women. meeting which took place in June 2012 in Sofia, Bulgaria. The goal of the meeting was The Project has both global and regional components: to gather the drafters of the regional reports altogether to engage in a shared and (1) The global component consists of literature review, intensive focused discussion about the which focus on studying the development and proposed report, its structure and content evolution of the due diligence principle in international including thematic issues and analysis of the
6 raw data to be collated from the discussions. In the Asia Pacific region, a questionnaire and State input as well as consultation was held on the 4-5 September presentation of the findings. 2012 in Penang, Malaysia. The results of the meeting are incorporated into the production of this report.
(3) Regional consultative meetings: The Due (4) Survey: One of the inputs to this project has Diligence Project has also held and been a survey conducted on a sample of participated in a number of regional countries in designated regions of the world. consultative meetings. The objective of these For this purpose, the project divided the consultative meetings is to obtain qualitative world into six regions: Africa (except North data of systemic regional patterns or issues, Africa), Asia Pacific, Europe, Latin America, as well as to have a focused discussion on Middle East and North Africa (MENA) and thematic issues of importance, which will “North America, Australia and New Zealand feed into the drafting of the report. These (NAAZ)”. A sample of countries for each consultative meetings have been organized region was then identified. The division of as stand-alone events by the Project, regions and the sample of countries within it scheduled back to back with existing for the purpose of this project can be meetings and teleconference interviews and summarised as follows:
7 Table 1: Division of regions and sample countries for survey
Regions Countries
1. Africa (excluding North Africa) Botswana, Congo, Kenya, Mozambique, Nigeria, Senegal, South Africa, Uganda
2. Asia Pacific Bangladesh, China, Fiji, Hong Kong, India, Indonesia, Mongolia, Philippines, Taiwan, Solomon Islands
3. Europe Bulgaria, Croatia, Finland, Germany, Ireland, Kazakhstan, Poland, Spain, Ukraine
4. Latin America and the Caribbean Brazil, Chile, Colombia, Ecuador, Guatemala, Jamaica, Mexico, Trinidad and Tobago, Venezuela
5. Middle East and North Africa (MENA) Algeria, Bahrain, Egypt, Jordan, Lebanon, Morocco, Palestine, Tunisia
6. Canada, United States of America, Australia, Canada, New Zealand, United States of America Australia & New Zealand
The survey was carried out by administering opinions on the questions asked, based on a questionnaire to a sample of respondents their experience (e.g. regional, and thematic), from amongst civil society organisations and hence their responses may be taken as (CSO) or non-governmental organisations indicative of trends and not as dispositive (NGO) working on violence against women. evidence of the same. The survey investigates CSO’s knowledge and responses on existing State measures (5) Country profiles: 15-20 page dossiers for and inquires into the challenges encountered each country selected for the study by civil society in their work to end violence describing a State’s compliance with its due against women. The survey questionnaire diligence obligation were created based on was distributed to more than 300 CSOs in publically accessible documents. These over 40 countries globally. A total of 285 documents include Government reports to respondent-organisations responded to and UN Treaty Bodies, and the Human Rights returned the questionnaires. The criteria for Council; country visits by mandate holders; selection of NGO respondents include those and countries’ own pledges and statements. advocating against violence against women, Countries also sometimes release data, or those providing intervention services to make data accessible to the public. This data survivors of violence against women such as could be part of the census, prevalence safe housing (shelter), legal and emotional studies, laws, policies, programs, and the counselling or those whose mission or country’s own monitoring and evaluation of objective includes ending violence against its policies. The country profiles were then women. It should be noted that the circulated to focal country experts for their respondents were asked to give their comments and feedback.
8 CHAPTER II SITUATIONAL CONTEXT
2.1 Socio-political-legal context geographical region in the world, with wide-ranging social-cultural backgrounds. The socio-demographics The reference to Asia Pacific is generally made with of the countries in South Asia are further presented in regard to the geographical areas in or near the Table 1 of Appendix 1. Western Pacific Ocean 2.1.2 Social, legal and political context of the However, for the purpose of this project, Afghanistan Southeast Asian region and the Islamic Republic of Iran are designated to be Southeast Asia is a sub-region of Asia and consists of part of the Middle East and North Africa (MENA) two geographic regions: Mainland Southeast Asia and region and Australia and New Zealand as part of the Maritime Southeast Asia. Mainland Southeast Asia CAANZ region. comprises Cambodia, Lao’s People Republic, Myanmar, Peninsular Malaysia, Thailand and Viet In order to gain comprehensive understanding about Nam. Maritime Southeast Asia is made up Brunei the issue of due diligence in the case of violence Darussalam, East Malaysia, Indonesia, Philippines, against women in a particular country, it is highly Singapore and Timor Leste. Brunei, Cambodia, pertinent to have an overview of its socio- Indonesia, Lao’s People Republic, Malaysia, demographic, political and legal contexts. Countries in Philippines, Thailand, Singapore, Viet Nam are the Asia Pacific region have varied social, political and member states of the Association of Southeast Asian legal backgrounds. These backgrounds are especially Nations (ASEAN). The socio-demographics of the influenced by the history and the population make-up countries in Southeast Asia are further presented in of the countries. Countries in particular sub-regions Table 2 of Appendix 1. may have similar geographical features but may differ vastly in their normative socio-historical and cultural 2.1.3 Social, legal and political context of the East aspects which inform the political and legal systems. Asian region The Asia Pacific for the purpose of this project can be East Asia is another sub-region of Asia that covers further divided into sub-regions as follows: about 28 percent of the Asian continent. The sub- region makes up more than 1.5 billion people (about 38 percent) of the Asian population. China, Hong South Asia: Bangladesh, Bhutan, India, Kong, Mongolia and Taiwan were closely intertwined Maldives, Nepal, Pakistan, Sri Lanka some 450 years ago during the Q’ing Dynasty’s Southeast Asia: Brunei Darussalam, conquest. The British colonial conquest of the Far East Cambodia, Indonesia, Lao’s People in the 1800s and its occupation of the island of Hong Democratic Republic, Malaysia, Myanmar, Kong in 1841 resulted in the adoption of the common Philippines, Singapore, Viet Nam law legal system in the island. In its newly constituted status as the Special Administrative Region of the East Asia: China, Democratic People’s People’s Republic of China, Hong Kong characterizes Republic of Korea, Hong Kong, Japan, a quasi-democratic government, the head of which is Mongolia, Republic of Korea, Taiwan directly accountable to the Standing Committee of the The Pacific Islands: Federated States of National Peoples Congress, the supreme state organ Micronesia, Fiji, Kiribati, Marshall Islands, of the PRC. Despite this accountability framework Nauru, Papua New Guinea, Samoa, however, pursuant to a promise of one-country-two- Solomon Islands, Timor Leste,Tonga, Tuvalu systems which ensures that the laws and systems previously in force in Hong Kong will not be altered for 2.1.1 Social, legal and political context of the South at least the first fifty years after the resumption of Asian region Chinese sovereignty over Hong Kong, it has been able The South Asia region is also commonly known as the to maintain a constitutional framework that guarantees Indian subcontinent. It contains well over one fifth of fundamental rights of all people in the territory and is the world's population and about 34 percent of Asia’s able to independently legislate and devise policies in population. It is also the most densely populated most respects.
9 considered to fall under domestic violence. However, 2.1.4 Social, legal and political context of the Pacific in certain regions or countries, throwing acids in order Islands to disfigure women’s faces and bodies has become a The Pacific Islands consist of 20,000 to 30,000 islands specific strategy used in showing control and power in the Pacific Ocean. These islands typically feature over women in family or intimate relationships and the volcanoes with surrounding fertile soils (the high statistics for such incidents may require it to be islands) and reefs or atolls (the low islands). investigated as a distinct form of VAW.
The UN Women, in its Progress of the World’s Women 2.2 An overview of violence against Report summarises available data on law and women in the Asia Pacific region prevalence of violence against women (UN Women, 2011: 136-7). Table 2, which is extracted from the UN It is difficult to make an accurate assessment of the Women’s summary presents the situation of VAW in forms of violence against women (VAW) occurring in the Asia Pacific. According Table 2, based on available the Asia Pacific region without conducting empirical data, the prevalence of intimate partner violence in the studies on incidents and prevalence of VAW in each form of physical violence in the Asia Pacific ranges country. However, overviews or estimates of from 6% (Hong Kong) to 60% (Kiribati). Sexual occurrence may be gathered from literature discussing violence within the context of intimate partner violence specific forms of violence against women. Research happens with the rate of between 3% (China and and other reports on specific forms of VAW in Timor Leste) to 55% (Solomon Islands). Data about individual Asia Pacific countries can contribute towards female genital mutilation/ cutting is not available for all making these overviews or estimates. of the Asia Pacific countries listed in the UN Women report. Child marriage has a prevalence rate of Based on literature search, the most common forms of between 4% (Mongolia) to 60% (Bangladesh) in the VAW that have been studied throughout the world are Asia Pacific region. domestic violence or intimate partner violence, rape and sexual assault and sexual harassment. More Situations of VAW in individual Asia Pacific countries recently, international bodies have increasingly may be gauged from various national data gathered by channeled resources towards inquiring into the issues state agencies or by non-governmental organisations. of child marriages, female genital mutilation and Data from India in 2006 show that 8.8% of all crimes human trafficking (especially in women and children). reported based on the Indian Penal Code are crimes In certain nations or regions, within the context of against women and this amounts to one crime against these usual categorisations of VAW, specific situations women committed every three minutes. The of violence appear to be peculiar to the social contexts corresponding percentage for the year 2009 is more of that regions or nations. For instance, in domestic than 17% (National Crime Records Bureau, 2009). violence cases, violence perpetrated in relation to the This amounts to one crime against women being issue of dowry is pervasive in the Indian sub-continent. committed every three minutes (National Crime Inter- or intra-family violence that targets women Records Bureau, 2006). More than 60% of these based on cultural or religious precepts is increasingly crimes against women consist of torture and recorded in religious and tribal communities. Using molestation. A total of 185,312 crimes against women acid to attack women, as a result of domestic disputes were reported in India in 2007, compared to 164,765 in or disputes in intimate relationships can generally be 2006 (Williams, 2009).
Table 2: Overview of availability of law on VAW and prevalence of VAW in East Asia, Southeast Asia, South Asia and the Pacific (Source: UN Women (2011))
10 *Small alphabets indicate various sources of data (further information can be obtained in UN Women (2011)
In Indonesia, according to a recent National violence, sexual exploitation of the girl-child, violence Commission report on violence against women which in the workplace, violence against migrant female compiled data from 280 institutions (state and workers and trafficking of women. community) from around the country, recorded cases of violence against women showed dramatic increases As already mentioned earlier in this report, in this due from the 25,522 cases in 2007 to 52,425 cases in 2008 diligence project a sample of countries in Asia Pacific and to 143,585 cases in 2009 (KOMNAS Perempuan, is selected for a survey research on government 2010). The number of victims for domestic violence or measures in combating violence against women. The violence in a personal relationship was the highest survey includes asking respondents to report on the (95%) compared to violence perpetrated against types of violence experienced by women in their women in the community and violence perpetrated by countries. Based on these responses and on literature the state. VAW within the general community form 5% available on this issue, a summary of the types of of VAW in Indonesia in 2009. Violence in the violence occurring in the Asia Pacific countries may be community includes, but is not limited to sexual summarised in Table 3 below.
11 Table 3: Pervasive forms of violence against women in the Asia Pacific regions based on survey and available materials Bangladesh China Fij India Indonesia Hong Mongolia Philippine Solomo Tai i Kong s n wan Islands Domestic √ √ √ √ √ √ √ √ √ √ violence Trafficking √ √ √ √ √ √ √ √ √ √ Abuse of girl √ √ √ √ √ √ √ children Rape and √ √ √ √ √ √ √ √ √ √ sexual assault Sexual √ √ √ √ √ √ √ √ harassment Child √ √ √ √ marriages Forced √ √ √ marriages
Disfiguring √ √ √ attacks VAW in times √ √ √ √ √ of war/ conflict Female genital √ mutilation Violence √ √ √ √ √ √ √ against migrant women Violence √ √ √ √ √ against indigenous women Violence in √ √ √ √ √ cultural/ religious contexts Violence/ √ √ √ √ discrimination in the workplace Other Violence/ Sex Witch- killing selection hunting related to of dowry children; Violence/ sale of killing Acid attacks women/ related to girls by dowry family members
In order to further understand the pervasiveness of 2.2.1 Domestic Violence violence against women (VAW) in the Asia Pacific region, a discussion based on the types of (VAW) is Domestic violence may be said to be the most made below. common form of VAW throughout the Asia Pacific region. Domestic violence best describes violence perpetrated by a person against his/ her intimate partner. Such violence is often done to gain or maintain power and control over the partner. Domestic violence is highly prevalent in India. The Alternative terminologies that are often used to Third National Family Health Survey (NFHS-3) of India describe this form of violence include wife/ spousal reported that between 2005 and 2006, 37.2% of ever- abuse/ battering, family violence and intimate partner married women have experienced spousal violence. violence (IPV). Evidence throughout the world The Indian National Crime Records Bureau shows that indicates that domestic violence occur cross-culturally in 2006, one case of cruelty against a woman by her and transcends socio-economic backgrounds. The husband or relative occurred every nine minutes. prevalence, incidence and characteristics of cases of Cases of cruelty by husbands and other relatives have domestic violence in selected Asia Pacific countries increased dramatically from 50,703 in 2003 to 81,344 are further discussed below. in 2008 (Ghosh and Choudhuri, 2011). Violence committed against women in relation to the issue of Violence against women is a widespread threat to dowry is a pervasive form of domestic violence. The women’s lives in Bangladesh (Sharmeen A. Farouk, National Crime Records Bureau reported one dowry 2005). Domestic violence is the most prevalent form of death case every 77 minutes in 2006. The number of violence against women in Bangladesh. Almost in dowry deaths has increased from 6,208 in 2003 to every part of Bangladesh, women are subjected to 8,172 in 2008. Similarly, dowry prohibition cases have violence mainly in the form of domestic violence gone up from 2,684 in 2003 to 5,555 in 2008 (Ghosh related to dowry, and acid attacks. The Bangladesh and Choudhuri, 2011). Demographic and Health Survey (BDHS) of 2007 concluded that 49% of ever-married women have ever In China, unmarried women, women in customary (as experienced some form of physical violence by their opposed to officially registered) marriages and husbands in their current or most recent marriages. divorced victims of domestic violence are especially The survey also found that 58% of ever-married men vulnerable to (continued) domestic violence due to the aged between 15 and 49 years had ever physically inadequacy of the law. These groups are generally not abused their wives (NIPORT, 2007). The Bangladesh included in existing statistics on the prevalence of National Women Lawyers’ Association (BNWLA) domestic violence. The lack of economic power is a received over 6,000 reports of violence against women contributing factor to women remaining in abusive in 2010 (US Department of State, 2011). Injuries and relationships. Women continue to make less than men impact of domestic violence suffered by women are and thus, remain substantially discriminated against in severe. One recent domestic violence case that has hiring. They are also legally required to retire earlier received international outrage is the case of Rumana than men, thereby resulting in a reduction in their total Manzur, an Assistant Professor at Dhaka University pension and social security benefits.20 In addition, and a postgraduate student at University of British sexual jealousy, patriarchal beliefs, low female Columbia in Canada who was physically assaulted by contribution to the household income, low male her husband during her visit home from her study in socioeconomic status, alcohol consumption and Canada. Her husband bit off part of her nose and residence in regions other than the South and gouged her eyes causing her to permanently lose the Southeast appear to be significant factors that can be 18 sight of her left eye . Her husband had alleged that associated with the prevalence of domestic violence in Rumana had committed adultery. He was charged with China.21 Various surveys have revealed that domestic domestic violence but later died of unknown causes violence affects one-third of China’s 267 million 19 while waiting for his trial in a Bangladesh jail . 22 families . County-level officials from women’s federations report that nearly 80% of the cases they Dowry-related domestic violence has been on the handle involve domestic violence. rise in Bangladesh and cases have doubled in the last ten years (Odhikar, 2011). Ain O Salish Kendra (ASK), In Hong Kong, six out of every 100 women experience a leading human rights and legal aid organisation reported 502 cases of dowry-related violence in the year 2011. Other than being beaten and tortured 20 Age Diversity Report, Country Profiles, China, Community Business. psychologically, women are also burnt to death in this 21 William L. Parish, Tianfu Wang, Edward O. Laumann, type of violence. Perpetrators are not only husbands Suiming Pan and Ye Luo, Intimate Partner Violence in China: but also in-laws of the victims. National Prevalence, Risk Factors and Associated Health Problems, International Family Planning Perspectives, 2004, 30(4): 174-181. 18 http://www.torontosun.com/2011/07/18/beaten-student- 22 Survey conducted by the All-China Women’s Federation, will-never-see-again 2008. Cited in the US State Department Report 2009. Survey 19 http://www.torontosun.com/2011/12/05/accused-of- conducted by the China Law Institute confirms similar blinding-student-wife-husband-found-dead-in-cell findings. See also, Chan 2005. physical violence at the hands of their husbands or in regular contact with the police regarding the abusive partners during their life23. The number of reported tendencies of her husband. On the day of her death, she went to the police to lodge a report that her spousal abuse cases in Hong Kong increased sharply husband had threatened to kill her and her children. 24 from 3,598 cases in 2005 to 6,843 cases in 2008. When the police officer failed to contact a social Broken down by gender, the number increased from worker, he called her home to ascertain whether her 970 to 5,575 for women and from 39 to 1,268 for husband was in. When no one answered he assumed men.25 It is, however, also found that only 4% of he was not home and thus, the complainant and her children were not at risk. He sent her home where the actual instances of violence are actually reported26. abuser was in waiting, leading to the tragic death of Shelters and support services have shown multiple 30 increases in caseloads over the years since their the entire family. The lack of coordination between government agencies in this case was highly criticised inceptions27. Physical violence was the most frequent as a key failure in managing the problem. form of violence followed by sexual violence. Such violence frequently involved pushing, grabbing, In its recent Concluding Observations on Hong Kong’s slapping, kicking or hitting with an object as opposed Third Report under the International Covenant on Civil to threats to inflict physical harm. Unwanted sexual and Political Rights, the United Nations Human Rights touching was the most prevalent form of sexual abuse. Committee noted with concern the high incidence of Former partners were more likely perpetrators of domestic violence in Hong Kong, including domestic violence as compared with current partners according violence against women and girls with disabilities.31 to women.28 Female foreign domestic workers and The Committee recommended that “Hong Kong, China mainland women who marry Hong Kong men appear should increase its efforts to combat domestic violence 29 to suffer from higher rates of domestic violence. The by, inter alia, ensuring effective implementation of the tragic death of a mainland wife and her children at the Domestic and Cohabitation Relationships Violence hands of her abusive spouse reignited calls in the Ordinance (DCRVO)… [and] should ensure the community for police and relevant government provision of assistance and protection to victims, the departments to provide a more coordinated response criminal prosecution of perpetrators of such violence, to at-risk victims who had already been flagged by the and the sensitization of society as a whole to this system. The incident took place in Tin Shui Wai, a matter.”32 township where a large number of newly arriving mainland and other ethnic immigrants have been In 2011, 104,315 cases of domestic violence were settling upon their arrival in Hong Kong. They lead reported in Taiwan. Authorities prosecuted 3,292 fairly isolated lives whilst here and find it difficult to persons for domestic violence, and convicted 2,469 integrate into the broader community. In April 2004, 33 the recent immigrant from mainland China had sought persons . In the same year, 36,791 protection orders assistance from social workers, shelters and had been were issued to domestic violence victims.34 A significant barrier to women seeking intervention is the 23 United Nations Department of Economic and Social Affairs, The World’s Women 2010: Trends and Statistics, New socio-cultural stigma attached to making a formal York, 2010, p131. report about a ‘domestic’ issue35. There is also a 24 The Hong Kong Council of Social Service report (Oct. 13, perception within Taiwanese culture that only 2011) (available at http://www.hkcss.org.hk/download/folder/fc/fc_eng.pdf). ‘abnormal’ men perpetrate abuse, which serves to 25 Women’s Commission, Hong Kong Women in Figures isolate victim/survivors through the belief that they are 2009, 2009, p50. 26 Chan Ko Ling, (2005), Study on Child Abuse & Spouse 30 Review Panel on Family Services in Tin Shui Wai, 2004. Battering: Report on Findings of Household Survey, Retrieved from Department of Social Work and Social Administration, 31 UN Human Rights Committee, Concluding Observations the University of Hong Kong website: on the HKSAR, China’s Third Periodic Report on the http://www.swd.gov.hk/doc/family/Report%20on%20findings International Covenant on Civil and Political Rights, Advanced %20of%20Household%20Survey.pdf, last accessed 11 Unedited Version (on file with authors), 10 April 2013. September 2012. 32 Ibid, Paragraph 18. 27 See, for example, the figures presented in Margaret Fung 33 US Department of State Human Rights Report Taiwan Tee Wong, Multidisciplinary Response in Domestic Violence, 2011 at p. 317 and Harmony House, 2008, Annual Report 2007- http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm 2008, Hong Kong, China, Harmony House. #wrapper 28 Ibid., p. 2. 34 Id. 29 Maggie Chen, Domestic Violence Cases Rising in Hong 35 US Department of State Human Rights Report Taiwan Kong, May 14, 2007 (available at 2011 http://www.voanews.com/tibetan-english/news/a-28-2007-05- http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm 14-voa2-90291732.html). #wrapper alone in their experience.36 Typically, persons at 5,668 cases, but have been increasing again since 44 convicted in domestic violence cases were sentenced 2008, with 2,018 cases reported in 2010. Further, a to less than six months in prison.37 Difficulties with report produced by the Asian Development Bank and obtaining protective orders have also been reported, various United Nations agencies states that, relative to some indicating that even though the law requires the size of the Philippines' population, official statistics 45 issuance within four hours of filing a request, judicial reflect a "limited number" of actual incidents. issuance can in fact take days.38 In Timor Leste, a Demographic and Health Survey, In 2004, Indonesia passed Law No. 23/2004 on the which included a module on domestic violence, was Elimination of Domestic Violence. Since its passage, conducted in 2008. The survey indicated a lifetime reports of domestic violence have gone up prevalence of physical partner violence of 38% and 12- significantly. Domestic violence accounted for 96% of month prevalence of 28% for the country (Ellsberg et the 143,585 cases of violence against women reported al, 2009). in 2009. Records of cases of divorce in religious courts show a significant proportion (30-40%) of the cases Women in the Pacific Islands experience some of the highest levels of violence against women in the involve domestic violence39. world.46 Approximately two-third of women in the Pacific have experienced physical or sexual violence Violence committed against women by their spouses 47 or partners remains a serious problem in the from their partners. Philippines.40 In 2008, the National Demographic and Health Survey introduced a specific “Women’s Safety The Solomon Islands Family Health and Safety Study Module” that aims to capture incidences of VAW in 2009 found that 64% of women aged 15-49 have experienced by women between the ages of 15 to 49 experienced physical or sexual violence from an 48 years. Thus survey found that one in five women in intimate partner. Based on this study, 18% of women the Philippines have experienced domestic violence.41 aged 15-49 reported physical violence by someone While the law criminalises the physical, sexual, and other than an intimate partner and 18% of women psychological harm or abuse to women or children by reported experiencing sexual violence by someone family members, there were 9,225 reported cases of other than an intimate partner, with forced sexual domestic violence filed under the Anti-Violence Against intercourse being the most frequent type of sexual
Women and Their Children Act (2004) (RA 9262) in violence. One in ten women reports sexual violence 42 during pregnancy. About half of the women who 2010. Reports of emotional, non-physical violence reported domestic violence also reported that they were the most common (23%), followed by physical have ever been raped by their spouses. The study violence (one in seven), and lastly sexual violence.43 further found that 56% of partnered women reported Reported incidences of physical injury peaked in 2001 emotional abuse, including being insulted, belittled or humiliated, intimidated or threatened with harm. 36 Taiwan Women Web ‘Domestic Violence’ Additionally, 58% of partnered women reported http://taiwan.yam.org.tw/womenweb/hvdraft/index_e.html experiencing controlling behaviour. The most common 37 Id. forms of controlling behaviour are her husband’s/ 38 Amnesty International Human Rights Report Taiwan 2009 http://www.amnesty.org/en/region/taiwan/report-2009 44 Id. 39 Komnas Perempuan, Ten Years of Reform: Progress and 45 Asian Development Bank (ADB). October 2009. Setbacks in Combatting Gender-based Violence and Philippines: Enhancing Gender-Responsiveness in the Discrimination (in Indonesian), March 2008. Justice Sector. Seagen Waves. Vol. 3, Issue 1. at 75 40 See Tess Raposas, Marriage & Domestic Violence: A
In Bhutan, no systematic collation of VAW data can be In 2004, the Asia Foundation and the local Lao found. However literature surveyed between 2004 and Women's Union released the first research survey on 2008 yielded some information. The statistics of the violence against women in Lao’s People Democratic Royal Bhutan Police show that in 2005 there were 71 Republic. From their survey they found that domestic reported cases of domestic violence in the capital. In violence ranked third in the frequency of cases brought 2006, 57 cases of domestic violence were treated at before the courts between 1996 and 2000. It moved up the National Referral Hospital in Thimphu, with the to second during 2001-2002. The criminal court, most common reasons cited for the violence being representing all provinces in Laos, reported that sexual alcohol intoxication of the husband (28%), adultery of violence offenses rank fourth in the frequency of cases the husband (28%) jealousy of the husband (19%) and (the first, second and third being drug, robbery and adultery of the wife (5%). In 2007, the hospital road accident cases). recorded 120 cases of domestic violence. In five of these cases, violence was instigated against wives In Vanuatu, a survey of 3919 household in all six who were pregnant. Forms of abuse against wives in provinces and the two urban centres of the country Bhutan include victims being pushed out the house conducted in 2008 shows that 60% of women in and left outside with nowhere to go and being tied up Vanuatu have experienced domestic violence in the and beaten. The physical impact may range between forms of physical and/or sexual violence in their injuries to the body to being permanently or lifetime by husbands/partners (Ellsberg et al, 2009). In temporarily incapacitated. The psychological impact 90% of these cases, women suffered severe violence. included continued fear in the victims even after As a consequence, the rates of injuries are alarming: marriages had long been dissolved or the victims had more than two in five women have been injured more long separated from the perpetrators. than three times in their lifetime. Among those who have been injured, one in five now has a permanent In Brunei Darussalam, the Brunei Times reported in disability. Intimate partner violence during pregnancy is 2008 that the statistics of the Community Development also common. Fifteen percent of ever-pregnant women Department showed that domestic violence in the have been hit during the pregnancy, and nine percent country had risen in recent years from 81 cases in have been hit or kicked in the stomach while pregnant. 2000 to 214 in 2007. The 2007 figure represented 214 cases of violence by husbands against wives. There are differing acceptability rate of domestic violence based on countries. Table 4 shows that on Cambodia, in cooperation with several international average, one-third of the population in the Asia Pacific agencies, for several years, has been collating national countries surveyed think that domestic violence is justified in certain circumstances. In another study, a reported that in India and Sri Lanka, slightly more than survey of 176 men in Pakistan, 46% of respondents 50% of women think that in certain circumstances, a feel that a man has a right to exercise violence against husband is justified in hitting his wife (The Economist his spouse (Fikree, Razak and Durocher, 2005). Online, 2012). One study shows that 65% of Amongst men who have ever abused their wives Bangladeshi males think that beating their wives is (n=86), 74.7% have this view. The corresponding justifiable [Immigration and Refugee Board of Canada percentage for men who reported never to have (2004)]. abused their wives (n=89) is 18.0. The Economist Table 4: Perceptions about domestic violence in selected Asia Pacific countries Percentage of respondents 0 20 40 60 80 100 Indonesia
Viet Nam
China
India
Malaysia
Thailand
Domestic violence is sometimes justifiable Domestic violence is never justifiable Source: UN Women, 2011
Studies show that many Pacific people, both men and 2.2.2 Child marriages and forced marriages women, believe that men are justified in committing violence against their partner.49 The Solomon Islands The detrimental effects of young people, especially 50 girls, entering into marriages, are quite well Family Health and Safety Study revealed that a established by scholars and researchers worldwide. majority of the women studied (66%) believe that a International legal standards and norms have been wife should obey her husband even if she disagrees51 established to require marriage to be contracted only and 73% of women surveyed agreed with one or more with the free and full consent of the parties. There is also a legal presumption that full and free consent may justifications for partner violence52. only be given when a person is of “full age” (Universal Declaration of Human Rights 1948, Article 16). When A survey conducted in Hong Kong found that violence someone is a child, he/she cannot be considered to be committed by non-partners was more likely to be sufficiently mature to make an informed decision about classified as a crime by victims (45%) as compared to acquiring a life partner. This, in turn, means that a that inflicted by partners or someone familiar to them marriage attempted between parties one of whom is a (14%). The study found that few victims reported the child cannot be considered to have obtained the “full most recent incident of violence to the police whether and free consent” of each of the parties. when experienced at the hands of a partner or a non- partner (12%). Sexual violence was less likely to be Child marriages is a common practice in Bangladesh reported to the police (3%) as compared to incidents of even though the law requires that women be 18 years physical violence (23%). It appears that women were of age and men 21 years of age for a legal marriage to more likely to approach the police for assistance where take place. Many women are forced into marriage, they had been injured or if they considered the especially at a young age (Immigration and Refugee violence to be serious or a crime. Minor incidents were Board of Canada, 2006). One study showed that about not reported and /or were dealt with by the victim or 40% of all marriages could be considered child within the family. These attitudes are telling with marriages, but the incidence of child marriage is respect to expected response behaviours of victims of difficult to quantify because many marriages and births different categories of violence. are not registered (US Department of State, 2010). UNICEF reports that about half of all girls in Bangladesh are married by the time they are 15 years old (Nettleton, 2006). In 2005, UNICEF also reported 49 Id. that Bangladesh had one of the highest early marriage rates in the world and these marriages are more 50 Solomon Islands Family Health and Safety Study: A study on violence against women and children, Secretariat of common in impoverished areas (Immigration and the Pacific Community for Ministry of Women, Youth & Refugee Board of Canada, 2006). A UN report shows Children’s Affairs, 63 (2009), available at that child spouses are more vulnerable to domestic http://www.spc.int/hdp/index.php? option=com_docman&task=cat_view&gid=39&Itemid=44. violence (ibid). Id. 51 In Indonesia, a 2005 report showed that 9.2 percent of 52 Id. Indonesian girls between the ages of 15 and 19 were of 2012, it had recorded 1,826 cases of violence, married, divorced or widowed, with rates of early sexual assault and incest against children, with 68% of marriage being more prevalent in the rural areas. sexual abuse involving close relatives.54 NCCP also Direct evidence of forced marriage and child marriage estimates that between 70,000 and 90,000 children is generally unavailable. While Law No. 23 of 2002 on were victims of sexual abuse in 2010. Child Protection recommends that the legal age for both men and women be 18 years, it does not Rape is a prevalent crime in India. The National Crime mandate the age. Legally, the age of consent for Records Bureau (NCRB) indicated that in 2006, one marriage is 16 for girls, and 19 for boys, but marriage rape occurred every 29 minutes in the country. The can occur at younger ages with parental consent and Bureau also reported 21,397 cases of rape in 2009. at the judiciary’s discretion. Conflicts in contentious regions of the country leave women vulnerable to rape at the hands of the armed forces that are protected from prosecution by the 2.2.3 Rape and sexual assault 55 Rape and sexual assault is another common form of Armed Forces Special Powers Act. Rape is VAW in Bangladesh. In 2011, Odhikar received 711 prohibited under the Federal Penal Code, but the reported incidents of rape. Out of these cases, 119 provision includes an exception that does not allow a involved victims who are gang-raped and in 54 cases, husband to be charged with the rape of his wife unless the women were subsequently killed. However, they are separated (see, Exception in section 375). prosecution of rapists was not consistent. In June The Domestic Violence Act of 2005 includes a civil 2011, a teenage girl in Tongi was gang-raped by a remedy for marital rape, but the government shows group of men led by her landlord’s son. After raping hesitation to amend the Penal Code to criminalize her, the perpetrators doused her body in kerosene and marital rape.56 Sexual assault is more prevalent than lit it on fire, causing her death. Human rights groups rape, but is not recognised as such in the Penal Code. report that the actual number of rapes is higher The rape provision in the Penal Code is limited to because rape victims often do not report the incident forced penetration by a man against a woman. Without due to social stigma attached to being raped (US State penetration, the perpetrator would likely be charged Department, 2010). NGOs report that many women do with insulting the modesty of the woman, which carries not report incidents and perpetrators are rarely a sentence of only one year. The NCRB reports prosecuted fully (Ain O Salish Kendra (ASK) et al., 38,711 cases of molestation under crimes against 2004). Furthermore, the brutal cross-examination of women in 2009. victims is a deterrent to reporting (ibid.). Rural and minority women are particularly vulnerable to violence, While Philippine law criminalises rape, including including rape, and have less access to justice than spousal rape, enforcement of the law is weak. other women (ibid.). Between January and November 2010, the PNP 57 Rape is underreported in Fiji due to shame on the part reported 4,776 rape cases. Reports of custodial rape of the survivor/victim, pressure (not to report) from and sexual abuse exist from 2010, usually of women family and religious institutions, and lack of police who are members of minority groups such as response to reports or rape (UNFPA Pacific Sub suspected prostitutes, drug users, and lower income Regional Office, 2008). Incidents of defilement individuals arrested for minor crimes. Girls constitute (statutory rape) where victims are girls aged 13-16 66% of the 4451 victims of child abuse (dealt with by years are recorded to be high in Fiji. the Department of Social Welfare and Development) in the Philippines between January to June 2010. In Indonesia, KOMNAS Perempuan's data show that Approximately 44% of the girls were victims of sexual from 1998 to 2010, there were 295,836 cases of abuse while 2% of sexual exploitation. Child violence against women a quarter of which involved 54 Id. sexual assault.53 This translates to 28 women being 55 Human Rights Watch, India: Repeal Armed Forces sexually assaulted in Indonesia each day. Sexual and Special Powers Act (Aug. 18, 2008), physical abuse against children has also been http://www.hrw.org/news/2008/08/17/india-repeal-armed- reported. The National Commission for Children’s forces-special-powers-act. Protection (NCCP) or Komisi Nasional Perlindungan 56 CEDAW, Combined Second and Third Reports of States Parties, India, 97 (Oct. 19, 2005), http://daccess-dds- Anak in Indonesia reported that, in the first five months ny.un.org/doc/UNDOC/GEN/N05/572/16/PDF/N0557216.pdf? OpenElement. 53 KOMNAS Perempuan, Press Release: Guarantee Safety 57 US Department of State (2011), 2010 Country Reports on on Public Transportation (27 September 2011) Available at: Human Rights Practices: Philippines, US Department of State, http://www.komnasperempuan.or.id/en/2011/09/press- Bureau of Democracy, Human Rights and Labor, Washington, release-guarantee-safety-on-public-transportation/ DC. prostitution is a serious problem. In 2003, in pursuant of a law against child labour, the Department of Labour and Employment (DOLE) ordered the closure of 22 2.2.4 Sexual harassment establishments for allegedly prostituting minors. In 2009 DOLE issued new regulations that facilitate the Sexual harassment is a conduct of a sexual nature that immediate closure of establishments suspected of is unsolicited and unwanted by the receiver (victim/ using children for commercial sex acts, with court survivor) of the conduct. Sexual harassment has the hearings to determine the validity of the government's purpose and effect of violating the victim’s dignity or of complaint to be held at a later time. creating an intimidating, hostile, degrading, humiliating or offensive environment for the victim. In the Solomon Islands, Amnesty International (2004) reported that three-quarters of women in the country Sexual harassment is pervasive in Fiji. Research suffered from direct personal trauma including rape, conducted by the Fiji Women’s Rights Movement threats of violence and intimidation. According to (FWRM) indicated that one in three women Solomon Islands Family Health and Safety Study of interviewed reported being sexually harassed at some 2009, in 2007, after the physical devastation and social point in their working lives (UNFPA Pacific Sub destruction caused by the tsunami at the end of 2006, Regional Office, 2008). reports of various forms of sexual violence including rape were widespread. Boyfriends, strangers, and Sexual harassment is reportedly widespread in India acquaintances were the most common perpetrators of but there is no legislation to protect against this form of sexual violence.58 violence in the workplace. NGOs report that sexual harassment is a problem in India, especially in free 62 In 2011, 6,568 reports of rape or sexual assaults were trade zones and informal work settings. The NCRB filed in Taiwan. In addition, Taiwanese officials reported 11,009 cases of sexual harassment in 2009 estimated that the total number of sexual assaults was with a conviction rate of 49.2%.63 Sexual harassment 59 perhaps ten times the number reported. Both outside of the workplace is common and reporting is underreporting and light sentencing have been linked low due to lack of confidence in the police.64 A UN to the social stigma attached to rape. In explaining survey of women in Delhi showed that two out of three legal and judicial barriers to adequate enforcement of women have been victims of sexual harassment laws and protection of women, some Taiwanese 65 academics point to a long history of valuing women’s varying from verbal harassment to stalking. India is also a part of the rising trend of separating the sexes chastity and ‘purity’ above women’s lives.60 Reports on public transport due to the pervasiveness of sexual indicate that as many as 35% of the sentences handed 66 down in 2011 were less than the mandatory harassment/assault on buses and trains. minimum.61 A study conducted by the Indonesian Ministry of Health in 2004 found that 90% of women (compared to Half of women in Vanuatu have experienced violence 25% of men) claimed to have been subjected to some by a non-partner since age 15. In most cases the 67 perpetrators are male family members or boyfriends. form of sexual harassment in the workplace. The prevalence of sexual abuse against girls is one of the highest in the world. Nearly a third (30%) of women have been sexually abused before the age of 15. For 62 National Alliance of Women, India Second NGO Shadow Report on CEDAW, 221 (Nov. 2006), http://www.iwraw- 28% of all women surveyed, their first sexual ap.org/resources/pdf/India%20Shadow%20report.pdf. experience was forced. 63 National Crime Records Bureau, Ministry of Home Affairs, 1 (2009), http://ncrb.nic.in/CII-2009-NEW/cii-2009/figure%20at %20a%20glance.pdf. 58 Id. 64 U.S. Department of State, 2010 Human Rights Reports: 59 US Department of State Human Rights Report Taiwan India, 49 (Apr. 8, 2011), 2011 http://www.state.gov/documents/organization/160058.pdf. http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm 65 Id. #wrapper 66 Jonna McKone, Separate but Equal: A Winning Policy for 60 ‘Rape Law Needs to be Reformed,’ Taipei Times, Women in Transit?, THE CITY FIX, Dec. 21, 2010, March 22, 2011 http://thecityfix.com/blog/separate-but-equal-a-winning-policy- http://www.taipeitimes.com/News/editorials/archives/2011/03/ for-women-in-transit/. 22/2003498779/2 67 US Department of State (2007), 2006 Country Reports on 61 Taiwan Women’s Rights - Discrimination and Violence - Human Rights Practices: Indonesia, US Department of State, http://www.intlhumanrights.com/TaiwanWomenRightsDiscrimi Bureau of Democracy, Human Rights and Labor, Washington, nation.htm DC. Evidence would suggest that female migrant domestic the type of procedure used is left to the discretion of workers are especially vulnerable to sexual local traditional practitioners who rely on local tradition. harassment in Hong Kong and especially unable to While the Ministry of Health banned FGM by doctors seek help due to language and legal barriers.68 In and nurses in 2006, there is no law banning the practice by local practitioners. The 1998 study found 69 Yuen Sha Sha v. Tse Chi Pan, a female plaintiff that procedures used range from the cutting or pricking discovered that the defendant had placed a camcorder of the clitoris to draw blood, to merely scrapping or in her bedroom and had been recording her wiping the clitoris. In some undressing and sleeping for a period of over five months.70 The court held that the defendant’s act constituted sexual harassment and rewarded the victim punitive damages and damages for emotional injury.71
Sexual harassment remains a problem in the Philippines despite the enactment of the The Anti- Sexual Harassment Law (1995). This law was enacted primarily to protect and respect the dignity of workers, employees, and applicants for employment as well as students in educational institutions or training centres. The law only recognises cases perpetrated by an individual in one of these three contexts that are in a position of authority over others and who use such power to incur sexual favours from his or her subordinates. While the acknowledgment of sexual harassment is progressive, the narrow law leaves many victims without a mechanism for redress.
2.2.5 Female genital mutilation
Female genital mutilation (FGM), generally referred to as female circumcision in Indonesia, has been reported to be practised in parts of East, Central and West Java, North Sumatra, Aceh, South Sulawesi, and on Madura Island.72 While there are no statistics on the rates of the practice, a report conducted by the University of Indonesia’s Women’s Research Graduate Program in 1998 found that it is largely symbolic, and
68 Doris Lee, “Keep our Women Safe at Work! But are Migrant Domestic Workers not Women?” (Oct. 7, 2011) (available at http://www.aaf.org.hk/en/opinion/memberscommentary/354- 2011-10-07-04-30-10.html). See also, Puja Kapai, Minority Women: A Struggle for Equal Protection, in Baines, Barak- Erez and Kahana (eds.), Feminist Constitutionalism: Global Perspectives, Cambridge University Press: 2012, Chapter 18, who outlines the equality argument with respect to catering for the response-behaviours of minority victims of violence as part of a State’s due diligence obligation to effectively protect all women against violence and the principle of non- discrimination. 69 (1997), case citation 70 Singer, 11 Ind. Int'l & Comp. L. Rev. at 232. 71 Id. at 234-235. 72 United States Department of State, Indonesia: Report on Female Genital Mutilation (FGM) or Female Genital Cutting (FGC) 1 June 2001. Available at http://www.unhcr.org/refworld/docid/46d57879c.html ceremonies, a plant root is used symbolically and the payments or benefits to achieve the consent of a girl is not touched. Usually performed within the first person having control over another person, for the year of life, often on or around day 36 or 40, local purpose of exploitation. Exploitation shall include, at a traditions vary and the practice may take place as late minimum, the exploitation of the prostitution of others as ten years old. The study also discovered that some or other forms of sexual exploitation, forced labour or communities believe that the practice is ‘sunnah’ services, slavery or practices similar to slavery, (recommended or encouraged by the prophet servitude or the removal of organs. Muhammad) while others believe it is “wajib” (mandatory) under the teachings of Islam. Many of the Asia Pacific countries are countries of origin and transit for human trafficking. A few of the countries are also countries of destination for 2.2.6 Trafficking in women and girls trafficking activities. The US State Department produced yearly reports of global human trafficking Article 3, paragraph (a) of the Protocol to Prevent, situations and based on these reports and other Suppress and Punish Trafficking in Persons defines relevant materials the situations of the Asia Pacific “trafficking in persons” as the recruitment, countries in relation to human, especially women, transportation, transfer, harbouring or receipt of trafficking may be summarised in Table 5 below (for persons, by means of the threat or use of force or Tier Ranking guide see US Department of State other forms of coercion, of abduction, of fraud, of Trafficking in Persons Report 2013, page 55-6273): deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of
73 Accessible at http://www.state.gov/documents/organization/210737.pdf Table 5: Situations of human trafficking in selected Asia Pacific countries
COUNTRY TIER STATUS DESTINATION (SOURCE)/ VICTIMS PURPOSE OF NOTES AND OTHER INFORMATION RANKIN (SOURCE, COUNTRIES TRAFFICKING G TRANSIT, DESTINATION) Bangladesh 2 Source Internal/ domestic trafficking Men, women, Forced labour, sex Trafficked persons often travelled willingly at first children trafficking; domestic but was subsequently misled or fraudulently Gulf, Maldives, Iraq, Iran, servitude and bonded contracted leading to forced labour and sexual Lebanon, Malaysia, Singapore, labour (in the case of abuse situations Brunei, Europe domestic trafficking) Brunei 2 Destination Indonesia, Bangladesh, China, Men, women Force labour, forced Legal migrant workers who came to work as the Philippines, Malaysia prostitution domestic workers may found themselves in situations of debt bondage, nonpayment of wages, passport confiscation, abusive employers, and confinement to the home China 3 Source, transit, Internal trafficking As source (inc As source for: Low- and medium-skilled Chinese workers migrate destination internal Forced labour, force voluntarily to other countries for jobs in coal mines, Destination: trafficking): prostitution, bride-selling beauty parlors, construction, and residences, but All continents (Locations of sex Men, women, some subsequently face conditions indicative of trafficking of Chinese women are children As destination for: forced labor, such as debt bondage, withholding of sometimes collocated with Commercial sexual passports and other restrictions on movement, non- concentrations of Chinese As destination: exploitation and forced payment of wages, physical or sexual abuse, and migrant workers in factories, and Women, labour threats. mining and logging camps. children Traffickers recruited girls and young women, often Source: from rural areas of China, using a combination of Burma, Vietnam, Laos, fraudulent job offers, imposition of large travel fees, Singapore, Mongolia, Democratic and threats of physical or financial harm, to obtain People’s Republic of Korea and maintain their service in prostitution. (DPRK), Russia, Europe, Africa
Fiji 2 Source, Internal trafficking As source: Forced labour, sex Victims in Fiji are allegedly exploited in illegal destination Children trafficking/ forced brothels, local hotels, private homes, and other rural Source: prostititution and urban locations. Thailand As destination: Men, women Family members, other Fijian citizens, foreign tourists, and crew on foreign fishing vessels have been alleged to participate in the prostitution of Fijian children. Some Fijian children are at risk of human trafficking if their families follow a traditional practice of sending them to live with relatives or families in larger cities. These children may be subjected to domestic servitude or may be coerced to engage in sexual activity in exchange for food, clothing, shelter, or school fees.
Hong Kong 2 Source, transit, Destination: Women, men, Forced labour; destination Canada children prostitution
Source and transit from: Mainland China, Philippines, Indonesia, Thailand and other parts of Southeast Asia; Colombia, Nepal
India 2 Source, transit, Destination: Women, men, Forced labour due to It is estimated that 20 to 65 million citizens are destination (Other than inter-state) Middle children debt bondage, sex trafficked for forced labour, tricked into debt East trafficking, sexual abuse bondage to work in industries such as brick kilns, 90% of cases while working as rice mills, agriculture, and embroidery factories. are internal Source: domestic workers Physical and sexual abuse are often used as trafficking Nepal, Bangladesh, Uzbekistan, coercive means in bonded labour. Lower castes in Ukraine, Russia, Azerbaijan, society are most vulnerable. Increased mobility, Serbia, Kazakhstan, and rapid urbanization, and growth in certain industries Afghanistan may encourage inter-state trafficking. Children are increasingly lured into sex trafficking and forced labour.
There are increasing reports of women and girls being sold or coerced into forced marriages in states with low female-to-male gender ratios. Such marriages are sometimes followed by incidences of the brides being forced into prostitution or labour by their new “families.” Child brides who run away from marriage become further vulnerable to sex trafficking. Indian women and girls are offered temporary marriages, through agencies, to Middle Eastern men, with promise to work but end up being sexually trafficked.
Female children are trafficked into India from source countries for sex.
Indonesia 2 Source Destination: Women, men Forced labour, sex Significant source areas are West Java, Central (Much less so Saudi Arabia, the United Arab trafficking, domestic Java, East Java, West Nusa Tenggara, East Nusa destination and Emirates, Qatar, Malaysia, servitude Tenggara, and Banten. transit) Taiwan, Singapore, Oman, Hong Kong, other Asian and Middle Women become victims of trafficking during their Some reports of Eastern countries. attempt to find work abroad through licensed and internal unlicensed rexcruitment companies known as trafficking Internal trafficking Increasingly, to PJTKIs. There is a moratorium on permits to work Maluku, Papua, Batam and Jambi abroad for domestic workers to Saudi Arabia, Provinces for sex exploitation. Kuwait, Syria, and Jordan due to reports of abuse of (mostly legal) domestic workers. 70% of Indonesian overseas workers are women.
Children are trafficked into Malaysia, Singapore and Hong Kong through Riau Islands, Kalimantan and Sulawesi, for sex.
Indonesia is the destination for some cases of trafficking of Uzbekistani and Colombian women for sex exploitation. Malaysia 2 Watch Destination Source: Women, men, Forced labour, sex Voluntary documented and undocumented migrant List (Much less, Indonesia, Nepal, India, Thailand, children trafficking workers often later become trafficked victims. They source and China, Philippines, Burma, subsequently encounter forced labour or debt transit) Cambodia, Laos, Bangladesh, bondage at the hands of their employers, Pakistan and Vietnam, Mongolia employment agents, or informal labour recruiters.
Many young foreign women are recruited ostensibly for legal work in Malaysian restaurants and hotels, but subsequently are coerced into the commercial sex trade. Recent evidence shows women from African countries (Uganda, Nigeria, Ghana) are now brought into Malaysia in this manner. Mongolia 2 Source, transit, Destination: Women, men, Forced labour, sex Mongolian women, some of whom are destination (Especially for forced prostitution) children trafficking handicapped, are subjected to involuntary servitude Macau, Hong Kong, and South or forced prostitution after entering into Korea; China, Malaysia, commercially brokered marriages, often to South Philippines, Singapore; transit for Korean or Chinese men. trafficking from China and Russia Philippines 2 Source Destination: Women, men, Sex trafficking, forced A significant number of Filipina women working in (Much less so Malaysia, Singapore, Hong Kong, children labour domestic service in foreign countries also face rape, destination and Republic of Korea, China, Japan, physical violence, and sexual abuse. Skilled Filipino transit) Saudi Arabia, United Arab migrant workers such as engineers and nurses are Emirates, Qatar, Kuwait, and also subjected to conditions of forced labour Internal Syria. abroad. trafficking is significant Internal trafficking from rural to Child sex tourism remained a serious problem urban, especially tourist, areas occurring through internal trafficking. It caters to sex tourists from Northeast Asia, Australia, New Zealand, Europe, and North America.
One of the major trafficking schemes in the Philippines is the mail-order bride system which, despite the enactment of an Anti-Mail-Order Bride (MOB) Law in 1990, continues to thrive as poverty increases. An estimated 50,000 to 100,000 Filipinas listed on internet sites that hold themselves out under the guise of dating services (see, www.un.org/womenwatch/daw/vaw/ngocontribute/G abriela.pdf). Taiwan 1 Destination Source: Men, women, Forced labour, sex Women from mainland China and southeast Asian (much less Vietnam, Thailand, Indonesia, children trafficking countries came to be sexually exploited or forced source and mainland China, Cambodia, the into bondage labour after being lured through transit) Philippines, Bangladesh, India fraudulent marriages and deceptive employment offers. Taiwanese women are recruited through classified ads to travel to Australia, the US, or the UK and are then forced into prostitution through debt bondage. Solomon 2 Watch Source, Source: Men, women Forced labour, sex Foreign women were recruited from their home Islands List destination China, Indonesia, Malaysia, trafficking countries for legitimate work, often paying large Philippines sums of money in recruitment fees, and upon arrival are forced into prostitution in logging and fishing areas. 2.2. Violence experienced by women in collective decision making by community leaders certain parts of the Asia Pacific as a result (‘punishment’ edicts issued by religious leaders), acid of their specific situations and socio- throwing with an underlying objective to shame and blame women and restrictions on women’s sexual and cultural contexts reproductive decision making as well as violating the rights to life of unborn female fetus. Women’s locations, cultural contexts or socio- economic positions often put them at risk of suffering Women’s specific socio-economic situations may specific forms of violence. Certain cultural contexts in make them vulnerable to different forms of violence. the Asia Pacific leads to the justification by Female conomic and political migrants are often open communities of ‘punishing’ women using violence. to abuses of people in authority or local community Women are sometimes subjected to these members of their destination countries or provinces. “punishments” as a result of judgements of community members about their conduct based on the A summary of these forms of violence is presented in understanding and interpretation of cultures and Table 6: religions in their communities. Forms of violence women and female children receive may be the results of Table 6: Violence against women suffered as a result of women’s specific situations or socio-cultural contexts
VAW suffered by women Countries where Nature of cases as a result of their cases notably found specific situations or socio-cultural contexts Violence perpetrated Bangladesh In Bangladesh, poor, rural women are especially vulnerable to violent punishments as a result of fatwas (religious prescriptions against women due to for specific problems) issued by village elders and clerics for perceived religious transgressions (Refugee Review Tribunal, religious or cultural 2010; Human Rights Watch, 2011). Edicts are issued against women by unauthorised village elders (mostly men), usually for constructions of behaviour alleged moral misbehavior, resulting in the women’s public humiliation, their ostracisation or violence against them. Ain-o- Salish Kendra (ASK) compiled news reports of at least 330 incidents of this type of VAW over the last ten years. Acid attack/ acid throwing Bangladesh, India Bangladesh: Victims are women and girls who had refused romantic proposals by the attackers. Women are left disfigured and blind. Some attacks were fatal. Commonly used acids are hydrochloric and sulphuric acids. In 2011, 57 of whom and 19 children were attacked with acids (see, odhikar.org). Women were 82% of the 3000 cases estimated between 1999 and 2011 (Acid Survivors Foundation). Young women (aged 10-19) are especially targeted especially as a result of them declining the perpetrators’ marriage proposals (55% of all acid attack cases) (Clark, 2005). Husbands throw acids at wives in domestic violence cases. A survivor of one such case said: “I woke up around midnight and found my husband sitting on a chair with his eyes bloodshot out of anger. I asked him what had happened, but no response. He just walked up to me with a glassful of liquid and poured it down over my head” (ASTI, n.d.).
India: Male perpetrators disfigure women by throwing acid on their faces as a form of revenge for rejecting them as suitors, refusing to have sex or for what is perceived as women defying custom. Women also become victims of acid attacks resulting from family feuds and land disputes. Unregulated sale of acids may exacerbate cases. About 72% cases targeted women of all classes, ethnicities and religions. In 2010, 27 cases of acid attacks on women were reported. Recently two new sections were added to the Indian Penal Code to deal with acid attack cases. Section 236A provides for a minimum of 10 years and a maximum of life imprisonment for the offence of causing grievous hurt or death by acid attacks.
Compulsory family planning China leading to forced abortion and sterilisation
74 Freedom House 2010. 75 Chinese Human Rights Defenders, 5 November 2008, p. 8. Discrimination, exploitation Destination countries: Hong Kong has a large population of migrant female domestic help (FDH) many of whom had to accept work with abusive or and violence against female Hong Kong, Malaysia, unfair conditions. Many employment agencies engage in illegal and abusive practices such as charging workers a “fee” for migrant workers Taiwan placing them in Hong Kong at a job, and then withholding the workers’ pay, passports, or bank cards while the worker pays off the fee, which may be up to 80% of his or her salary for almost a year.77 Other abuse by employment agencies includes Migrating from: 78 Mainland China, paying workers lower wages and forcing them to work longer hours than legally allowed. Employers often do not provide Indonesia, Philippines FDH with private space in the house. They are also vulnerable to physical and sexual violence by employers.
More than 80% of Indonesian migrant workers are women, and 90% of these women are employed in private homes as domestic workers. About 10% of the population of the Philippines, mostly women, are overseas workers and a substantial proportion works as domestic helpers. The labour laws of many of the countries of destinations of these migrant workers do not provide them with a minimum wage, health insurance, freedom of association, an eight-hour workday, a weekly day of rest, vacation time, or safe work conditions. Because “women’s work” often has low value in these countries, it is poorly paid, and migratory women workers are excluded from labour and social legislation including policies against discrimination. Because of their position as migrants, women often fear seeking redress for their injuries for fear of retaliation, for fear of not being taken seriously by the authorities, or being humiliated or blamed. Violence and discrimination Indonesia In countries with multiple ethnic communities, indigenous women may face a double marginalisation: as indigenous people and against indigenous women as women. In Indonesia (which hosts between 40-50 million indigenous people) women are limited by government policies that do not acknowledge their rights to their traditional lands and natural resources, and thus face displacement and lack of access to necessary resourced such as water (AIWN, 2007). As women, they are denied access to decision making both at the household and community level. Access to health services is limited, especially regarding maternal care. In Papua, more then ten women in one thousand die giving birth. The giving of indigenous land to private companies that employ militias and trans- migrant workers increases violence in indigenous communities and forces many indigenous women into trans-migratory work, where they face increased risk of murder, sexual harassment, rape, and kidnapping.
Violence against women in Philippines, Solomon Between 2000 and 2010, 41% of households in Mindanao reported having experience displacement fundamentally caused by conjunction with conflict or Islands armed groups’ movements (Vinck & Bell, 2011). Women are children are disproportionately affected. The United Nations war Children’s Fund (UNICEF) reported that some 80 percent of internally displaced persons (IDPs) caused by armed conflicts in the region are women and children.
In the Solomon Islands violence against women was exacerbated by the civil war from 1998-2003 (Amnesty International, 2004). Those responsible for violence against women in this period were very rarely prosecuted, given a lack of reporting and there are evidence of male relatives actively discouraging women from reporting rape to police. A large number of Malaitan women reported to have been raped in attacks by Guadalcanal militants in an effort to humiliate their people. Women were forced to prostitute to the militia. Furthermore, women who were pregnant or ill could not seek medical attention because of reduced ability to travel since travel was at the discretion of militants in some areas, resulting in the breakdown of public health. However, when surveyed for the Solomon Islands Family Health and Safety Study 2009 only two women identified militants as perpetrators of violence against them. The study suggests that women were afraid of retaliation if they shared their stories even if after years later. Underreporting may also be because women tend to lump militants and strangers together when reporting about their experiences of violence.
The consequences for women and girls of Violence against women had traditionally been seen experiencing violence or abuse are serious and wide- as an internal family affair and it was rarely discussed ranging. The WHO states that violence against women in the open. Likewise, sexual assault in minor and and girls is “associated with a wide range of health more egregious forms such as rape, were also taboo problems in women such as injuries, unwanted and victims were often silenced by family and friends. pregnancies, abortions, depression, anxiety and eating Women’s vulnerability was exacerbated by disorders, substance use, sexually transmitted circumstances of financial dependence, family infections and, of course, premature death.”79 The relationships, particularly where children or in-laws were involved, and parental and societal pressure to patriarchal culture and the heightened shame stay in relationships. All of this meant that the associated with a failed marriage, often equated to ecosystem surrounding the women itself condoned failure in life, blame for which is usually attributed to 80 the women in these relationships, have rendered silence and tolerance. As women began to women in intimate relationships increasingly participate more actively in the socioeconomic life of vulnerable. More problematic is the culture of the city, however, there has been a growing subservience that has sometimes put female children awareness of the extent and scale of the problem.81 at risk of incest at the hands of elder men in the family such as fathers or brothers.
CHAPTER III FINDINGS OF THE REGIONAL STUDY
The due observation of due diligence diligence principle by governments in the case principle in the of violence against Asia Pacific women. The discussion region of the result of the survey in relation to the five elements of due This section of the report diligence is made further provides an overview of below. forms of state intervention in VAW cases as a measure to 3.1. A indicate that due Methodological diligence is taken directly Note on the Survey or indirectly by governments in the Asia for Asia Pacific Pacific region in dealing Region with the various forms of violence perpetrated 3.1.1. Process against their female citizens. The survey In the process of conducted as part of this conducting the survey on project aims at giving CSO/ NGO for the Asia 76 US Country Reports, US 11 Mar. 2010, Sec. 1f. additional and supportive Pacific region, survey 77 U.S. Department of State Trafficking in Persons Report evidence to the questionnaires were 2011 (October 8, 2011) (available at http://www.state.gov/g/tip/rls/tiprpt/2011/164232.htm). 78 Concluding Comments of the Committee on the 80 Margaret Fung Tee Wong, Multidisciplinary Response in Elimination of Discrimination against Women, U.N. Doc. Domestic Violence, in Ko Ling Chan (ed.), Preventing Family CEDAW/C/CHN/CO/6August 7-25, 2006, Par. 41. Violence: A Multidisciplinary Approach, Hong Kong University 79 World Health Organization, Women and Health: Today’s Press: 2012, Chapter 13, at p. 317. Evidence, Tomorrow’s Agenda, Geneva, 2009, p11. 81 Tang, Chung and Ngo (2000). distributed to a set of countries. It is not more than one forms of areas of work of the sampled countries82. possible in this project to VAW at a particular time. CSOs based on their accurately ascertain the Table 8 presents the responses. There are ten countries total number of in the sample for Asia organisations working Table 8: Areas of work of respondent-CSOs Pacific and they are towards the eradication Bangladesh, China, Fiji, of violence against 83 Areas of work Research Advocacy Law Reform Hong Kong , India, women in each of the Indonesia, Mongolia, countries due to the % % % Philippines, Solomon inaccessibility of such Rape and sexual assault 43.4 66.0 Islands and Taiwan. A information to external Sexual harassment 34.0 56.6 total of 53 researchers. Countries Domestic violence 60.4 84.9 questionnaires were like India, the Philippines VAW in cultural/ religious context 37.7 56.6 VAW in times of war/ conflict 13.2 26.4 completed and returned and Indonesia are by respondents. Table 1 Trafficking 28.3 41.5 known to have active Female genital mutilation 0 11.3 of Appendix 2 shows the civil society especially in Indigenous (tribal) women and VAW 24.5 32.1 number of completed women’s rights Violence against girl children 41.5 54.7 and returned advocacy. China has questionnaires by the more than 50,000 At a glance, the pursued by respondent- women’s organisations respondent- organisations whose organisations. affiliated with the organisations in the Asia members have the Organisations from India Chinese Communist Pacific sample countries relevant backgrounds. submitted the highest Party’s All-China are involved mostly in number of filled Women’s Federation work related to domestic This project assesses questionnaires while Fiji (ACWF)84. However, the violence, rape and the observation of due and Solomon Islands project encounters great sexual assault, sexual diligence by using five returned only one difficulties in getting harassment and violence categories of analyses in questionnaire each. On access to a wide range against girl-children. At the context of measures the outset, this may of organisations and is least 60% of the to eradicate VAW: reflect the extent to able only to obtain respondent-CSOs are prevention, protection, which non-governmental responses from six involved in work related prosecution, punishment organisations exist and organisations, two of to domestic violence in and provision of redress. active in particular which are the so-called all categories of The discussions about “salons” in universities. activities. The form of due diligence of Asia 82 Prior to the violence with the lowest Pacific governments administration of the survey, involvement from the about eliminating VAW a pilot survey was CSOs is female genital are based on the conducted in Malaysia using 3.1.2 The Respondents five CSO respondents. The mutilation. Advocacy, existence of government objective of the pilot is to Organisations selected training and support measures or efforts assess the general validity services are areas of within these categories and reliability of the survey for the survey are those questionnaire. The results that are involved in work that are more as inferred from review of the pilot survey were various ways in common for the CSOs. of available materials used to improve on the Research and law and findings of the survey questionnaire, not eliminating violence only for the Asia Pacific against women in their reform are lesser areas survey. region but for all regions countries. The activities of focus and are perhaps designated for the purpose of the project. of the CSO/ NGO span 83 Hong Kong is research, advocacy, considered independently of legal reform, support China for the purpose of this services and training on project. Although on July 1, a variety of forms of 1997, China resumed sovereignty over Hong violence. In most cases, Kong, an arrangement of the organisations are “one country, two systems” each involved in more is agreed to operate until 2047. Under this model, than one of these Hong Kong maintained its activities in relations to own government except in matters of foreign and defense. 84 See, Howell, 2003. CHAPTER III 1. PREVENTION
Adoption of countries have legislated substantive legal for sexual harassment protection and law 22.9% of the countries have legislated remedies to for law on marital rape. address VAW The Asia Pacific region is divided into East Asia One of the elements of and the Pacific and due diligence in the case South Asia. In East Asia of VAW is that and the Pacific, about governments take 55% of the countries necessary steps to surveyed have prevent the occurrence legislation for domestic of VAW. An important violence. The method of fulfilling this corresponding obligation is by enacting percentage for South A further review of literature an materials allows the specific laws that Asia, on the other hand authors to summarise the laws and legislation address the issue. is about 45%. About available to intervene in VAW cases, in selected 40% of the East Asian countries in Asia Pacific. This is presented in Table 10 In 2011, UN Women and Pacific had not below. published the findings of legislated for sexual its survey on the harassment law by the availability of legislation year 2011. Slightly more to deal with various than half of the countries forms of VAW, around in South Asia have the world. Table 9 legislated for sexual presents an overview of harassment law. For the legislation available marital rape, countries in based on regions of the the Asia Pacific show world. Based on Table very low (slightly over 9, 54% of countries with 20%) availability of available data in the Asia legislation prohibiting Pacific have legislated this form of violence. for domestic violence laws; 51.6% of the
Table 9: An overview of countries in the world with legislation for specific forms of VAW (Source: UN Women, 2011) Table 10: Legal intervention for VAW cases in the Asia Pacific
Country General provisions useful for women Specific provisions on violence against women Other related interventions
Bangladesh Article 27 of the Constitution states, “all Dowry Prohibition Act 1980 In April, 2011, a directive was issued by the High Court citizens are equal before law and are to ensure verification of birth certificate during entitled to equal protection of law” Cruelty to Women (Deterrent Punishment) Ordinance marriages to stop child marriage. 1983 Article 28(2) ensures that women shall have equal rights with men in all spheres of Repression against Women and Children Act 2000 the State and public life Acid Crime Prevention Act, 2002 Article 29 declares equality of opportunity for all citizens in respect of employment or Human Trafficking Prevention and Control Act, 2012 office in the service of the Republic, despite of their religion, race, caste, sex, etc
Family Courts Ordinance, 1985
Penal Code
China The Constitution of the People’s Republic Protection of Rights and Interests of Women (the More than 30 provinces and municipalities throughout of China: “Women in the People’s Republic Women’s Law), Art3: prohibition of “discrimination China have developed local regulations against of China enjoy equal rights with men in all against, maltreatment of, abandonment of, or cruel domestic violence. spheres of life, in political, economic, treatment causing bodily injury or death to women” cultural, social, and family life.” At least five provinces have passed laws prohibiting Women’s Law, Art 35: women’s rights to life and health sex-selective abortions. It also states that “the State respects and should not be infringed. safeguards human rights” and that it is prohibited to abuse the elderly, women, General Principles of Civil Law, Art 104: protection of and children. marriage, family, the elderly, mothers and children
Marriage Law, Art 43: in cases of domestic violence, the Marriage Law, Art9: equal rights and victim shall have the right to make a petition and the responsibilities of men and women in public security organ shall stop the violence. marriage and the family Marriage Law, Art 45: if domestic violence, bigamy, or maltreatment or desertion of a family member constitutes a criminal act, the criminal responsibility of the actor will be investigated under criminal law.
Marriage Law, Article 46: state must take measures to prevent and deter domestic violence.
Population and Family Planning Law: discrimination against and mistreatment of women who give birth to female children or who suffer from infertility are prohibited; discrimination against, mistreatment, and abandonment of female children are prohibited.
Fiji (Prior to the most recent coup, the Domestic Violence Decree 2009 Constitution provides for equality before the law for citizens and the prohibition of Crimes Decree of 2010: persons charged with domestic discrimination on the basis of sex). violence offences are prosecuted for assault-related charges under this decree.
Hong Kong The Working Group on Combating Violence (WGCV) developed sets of guidelines for dealing with sexual violence cases and battered spouse cases.
Committee on the Promotion of Civic Education (CPCE) of the Home Affairs Bureau, produced a comic book for teens on gender equality and a pictorial booklet on the Universal Declaration of Human Rights, and produced a handbook for parents which included concepts of gender equality.
The government published and distributed materials on anti-trafficking in five languages, namely, Chinese, English, Bahasa Indonesia, Tagalog, and Thai with a view to raising public awareness about trafficking.
Labour Department has continued to publish guidelines for FDH in various languages to outline workers’ rights, employers’ duties and the services provided by the government.
India Protection of Women from Domestic Violence Act, 2005 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
Pre-conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994
Prohibition of Child Marriage, 2006
Immoral Traffic (Prevention) Act, 1956
Dowry Prohibition Act, 1961
Commission of Sati (Prevention) Act, 1987
National Commission for Women Act 1990 State Commission for Women Act 2004
The Commission for Protection of Child Rights Act, 2005
Devadasi Prohibition Act, 1988
Indian Penal Code Act, 1860 on these forms of violence: Ra pe: int ercourse against the order of nature, ca using hurt Do wry death Ca using miscarriage/death of child Kid napping, abducting or inducing woman to compel her marriage Ha bitual dealing in slaves Bu ying/Selling minor for purposes of prostitution Hu sband or relative of husband of a woman subjecting her to cruelty Ob scene acts and songs (used for public forms of sexual harassment) Word, gesture or act intended to insult the modesty of a woman
Indonesia Penal Code criminalises these forms of violence: rape (but does not recognise marital rape) trafficking crimes against personal liberty obscene acts (to use against sexual harassment)
Law No. 23 of 2004 Regarding Elimination of Household (Domestic) Violence (2004)
Law No. 39 of 2004 Placement and Protection of Indonesian Workers Abroad (2004)
Law No. 23 of 2002 on Child Protection (2002) Law on Anti-Trafficking (2007, passed; 2009, implemented)
Mongolia Mongolian Constitution, Art 11(6): equal Law on Protection of Child Rights opportunity for all regardless of gender, economic status, political affiliation, or Law on Combating Domestic Violence 2004 social class Criminal Law 2002 Mongolian Constitution, Art 14: protection from gender based discrimination Law on Anti Human Trafficking 2011
Labor Laws also strengthen the rights of Law on Social Welfare 2005 women by prohibiting gender discrimination in the workplace and increasing the maternity rights.
Law on Gender Equality 2011
Philippines Republic Act 9710, Magna Carter of Women (2009: recognises and protects Republic Act 9262: Anti-Violence Against Women and women’s rights at home, at work and in all Their Children Act (2004) spheres of society. Republic Act 8353: The Anti-Rape Law (1997)
Republic Act 8505: Rape Victim Assistance and Protection Act (1998)
Republic Act 7877: Anti Sexual Harassment Law (1995)
Republic Act 9208: Anti Trafficking in Persons Act (2003)
Republic Act 8371: Indigenous People’s Rights Act of 1997
Solomon Islander’s Marriage Act 1978 (on minimum Criminal law on rape (but not including marital rape) Islands age for marriage, which is 15 for girls) (The government of the Solomon Islands is currently working to reform the penal code to more clearly define sexual offenses)
Evidence Act of 2009 (removed the corroboration rule, which had required women to submit corroborating evidence regarding sexual assault).
(There is no particular domestic violence legislation. Domestic violence disputes are commonly settled by a community leader)
Islander’s Divorce Act 1996: allows for divorce for certain reasons including cruelty and on the basis that spouses have been convicted for rape, sodomy, or bestiality.
Taiwan Gender Equality Education Act 2004 Domestic Violence Prevention and Treatment Act 1998 Regulation on Management and Use of Archives of Sex Offenders 1998 Domestic Violence Prevention Act 2007 Regulation for the Physical and Psychological Sexual Assault Crime Prevention Act 1997 Treatment and Counseling Education for Sex Offenders 1998 Anti Human Trafficking Law, 2009
Regulation on the Prevention of Sexual Assault and Sexual Harassment on Campus Availability of other measures: government programmes for the prevention of VAW Table 11: The effectiveness of the preventive programmes for different types of VAW Through the survey of civil society organisations, this project is able to gather some data on state’s efforts in Types of VAW N Mean of rate of the prevention of violence against women. The study effectiveness further estimates the existence of governmental Female genital mutilation 5 programmes that may fulfill the preventative aspects of due diligence. Reports from respondents of the Disfiguring attacks 12 existence of such governmental programmes are summarised in Table 3 of Appendix 2. Domestic Violence 44
Forced marriage 13 From the responses of 53 NGOs in the Asia Pacific, most government programmes on VAW address Child marriages 25 mainly the issue of domestic violence. Programmes for trafficking, abuse of girl children, sexual harassment Trafficking 36 and child marriages are also shown to be high on the list of priorities of the selected governments. CSO Abuse of girl children 37 responses indicate that programmes for the issues of Sexual Harassment 32 VAW in times of war/ conflict and female genital mutilation (FGM) are still quite few in the Asia Pacific Rape and sexual Assault 34 countries. It is also difficult to gauge from available literature the prevalence of these forms of VAW in the VAW in times of war/conflict 5 countries. Not much is being written about female genital mutilation (FGM) in the Asia Pacific countries that are surveyed. This may be due to the fact FGM is Table 11 shows the VAW are effective. closely related with acceptable and widespread respondents’ These are female genital cultural practices that don’t consider the act to be a assessments of the mutilation, disfiguring form of violence. Many countries that practice female effectiveness of their attacks, domestic circumcisions argue that minor, non-hurtful cutting of governments’ violence, forced the female genitalia (which is claimed to be the programmes to eradicate marriages, child practice) does not amount to mutilation and the VAW. For each of the marriages and practice is done with consent of the girls. The types of VAW, trafficking. They feel percentage of programmes for disfiguring attacks may respondents were asked less confident about the be low due to the fact that governments may have to rate the effectiveness effectiveness of considered this issue to be part of the programmes on of available government government domestic violence or crimes of causing hurt. CSO programmes in their programmes on the responses also indicate that certain countries have countries using a scale issue of abuse of girl programmes for forms of VAW not contained in the list of 1 (not effective at all) children, sexual such as violence against lesbian, gay, bisexual and to 5 (very effective). The harassment, rape and transgendered (LGBT) members of communities, VAW means of the responses sexual assault and VAW related to sexual and reproductive rights and VAW in are computed and in times of war/ conflict. times of disaster. presented in Table 11. A In order to understand value that is more than these perceptions more The respondents were also asked to give their 2.5 (the neutral value) accurately further assessments of the effectiveness of government indicates that studies need to be programmes in their countries. The assessments from respondents feel the conducted on the the point of view of the CSOs are important because programmes are reasons for the ratings the organisations are often the first level of help effective and a value made by the available for women in crises and the CSOs often below 2.5 shows vice respondents. facilitate or mediate access for the women to the versa. governments’ facilities and remedies. Table 11 It is pertinent to enquire presents respondents’ views about the effectiveness of The findings show that into the how the the preventive programmes offered by their respondents feel that governments have governments. government engaged with their CSOs programmes in six of and vice versa. This can their areas of work on be done by investigating the nature of relationship provided or unable to whether they have victims of VAW in and interaction between provide at a particular benefitted the various seeking help. the CSOs and their time. There are stakeholders and Programmes that target governments. sometimes overlapping beneficiaries. The at increasing the Governments that show in the responsibilities survey conducted in this awareness of medical readiness to and areas of activities project identified service providers about communicate with their between NGOs and beneficiaries or target the issue of VAW will civil societies may be governments and groups/ entities of the help them deal more more receptive to the governments are happy preventative effectively with the idea of consciously to allow this due to their programmes and asked cases. It is of concern applying the due limited ability to reach or respondents whether that the respondents are diligence serve certain programmes related to more ambivalent in their communities or these target groups exist responses about principle. Table 12 beneficiaries. In these in their countries and if knowledge of the presents the CSOs circumstances many so, to rate the existence of government views about their governments provide effectiveness of the programmes that target relationship with their funding to their national programmes in relation men and boys. This governments. NGOs, which otherwise to the target groups. ambivalence indicates can only rely on Respondents’ reports as that the programmes, if It may be surmised that fundraising and to whether programmes existing more that there is a degree of donations to operate. As for specific target groups reported, are not very interaction or the case for donour- exist in their countries is visible. Men are the communication between funding, provision of contained in Table 3 of majority perpetrators of the civil society and funding by governments Appendix 2. VAW and preventative governments in Asia should not be used in measures that involve Pacific. This relationship any way to dictate or Police, women and men and boys are may provide checks and influence the work of the medical service crucial in creating balances in efforts to NGOs especially to providers are reported to change. eradicate violence in the support the positions of be the most common individual countries and governments. CSOs beneficiaries of Other than reporting the if increased may also contemporarily work in government existence of indirectly encourage a limited-resources programmes on VAW in programmes for different more formalised environments but have the Asia Pacific. This is target groups, observation of the due (arguably) been able to logical since these three respondents are also diligence principle by continue to provide groups can be directly asked to rate the governments. services to local. NGOs, linked to the issue of effectiveness of these despite government VAW in whatever form. programmes. Table 9 It should be noted that funding must also be Women should rightly be shows respondents the majority of the CSOs able to engage with the direct beneficiaries of report of how effective surveyed do not receive governments openly in preventative they think the funding from their assessing and programmes. All forms programmes in their governments. CSOs or monitoring governmental of VAW are, in essence, countries for specific NGOs often offer programmes in their criminal acts and their target groups have been. services that areas of work. prevention requires the governments have not intervention of the police. Table 13 shows Police must have deep respondents’ rating of knowledge and the effectiveness of Stakeholders and eradicating VAW. A understanding of the programmes for different beneficiaries in further way to consider various forms of VAW in target groups. The preventive whether governments’ order to effectively highest value for preventative intervene in the cases. effectiveness is 5 and programmes programmes are VAW will result in the lowest is 1. Although successful is to physical and other forms the most effective There are many investigate how the of injuries. The medical preventive programmes stakeholders and programmes for specific service providers, as the claimed by respondents beneficiaries in beneficiaries or target police, are often the first from Asia Pacific region programmes aimed at groups exist and points of contact for are for the young children (ages 5-10) To be effective group, it only has the government measures mean of 3.00 for its on VAW must address effectiveness which is VAW in a over-average but cannot comprehensive context. be said to be highly This includes having effective. The least protections for different effective preventive groups and sub-groups programme is for the of survivors of VAW. police group, which has While women are 2.53 mean of reported generally vulnerable to effectiveness. gender-based violence, women of certain categories or experiences are particularly at risk in specific circumstances. This includes poor or rural women, women with disabilities, migrant women and so on. The survey undertaken for this project investigates respondents’ views of whether government measures have made specific provisions to address the needs of these intersections of women (see Table 4 and 5, Appendix 2). Table 13: The effectiveness of the preventive The existence of increase the prevalence programmes for the different target groups government of VAW, based on their interventions in VAW organisational Target Group cases is crucial in experiences. Young children (ages 5-10) ensuring that VAW is Youths and teenagers (ages 11-25) reduced. Interventions Table 14 shows the Women come in various forms mean of respondents’ Medical service providers Teachers that include and are not responses as to whether Community, religious or traditional leaders limited to the provision of they agree that the Men and boys socio-structural support specified factors Minority/vulnerable group such as education, increase the incidents of Police employment and VAW. In the rating for housing; addressing the agreement, 1 represents Based on the findings, with Taiwan issue of poverty and how a total disagreement and less that 50% of demonstrating the it impacts on the stability 5 represent and absolute respondents can be sure highest existence of of the family; the agreement that the that specific provisions such programmes enactment of laws that relevant factors increase exist in government (based on the not only address specific VAW. Respondents programmes that percentage of forms of VAW but also show that they have high address the issue of respondents who have other social inequities agreement in relation to specific categories of reported the existence of that may surrounds the all of the factors that are women or women with such programmes). issue of VAW and the seen as increasing the specific experiences. Provisions on rural implementation of risk of VAW. Socio- Many governments women appear to exist in programmes that cultural norms and address the issue of all of the countries promote gender equality practices are seen as poverty amongst women survey except Hong in the family and very important factors in relation to VAW. Kong and Solomon eliminate cultural views that have bearings on Some attention is given Islands. For Hong Kong, and norms that influence incidents of VAW. to women with this may be explained by and perpetuate violence. Gender inequality in disabilities and migrant the generally urban society is considered as women. Women with geographical the most influential factor minority sexual development of the Respondents in the in perpetuating VAW. orientation may have country. Much survey for this project Lack of economic power been less addressed in information needs to be were asked about of women is a socio- the issue of violence due gathered further about government cultural factor because to socio-cultural context Solomon Islands since interventions they feel the women’s economic that does not accept the the report show no are influential in empowerment is often normative non- particular provisions on increasing the incidents determined by society’s heterosexual orientation. the specified categories of VAW in their views of whether women In such cases, women of women. countries. Table 14 should be given access who experience violence represents respondents’ to economic rights or in homosexual views about whether activities. relationship may feel at Addressing risk specified factors risk of social, and in factors for VAW some cases criminal, sanctions if they come forward to seek help Table 14: Respondents’ rating of factors that about intimate partner increase the risk of VAW violence. Agree that factors increase the risk of VAW Bangladesh, Indonesia, Factors that increase the risk of VAW China and Taiwan Gender inequality reported having A woman's lack of economic independence provisions about all of Negative cultural or religious perception of woman Financial instability for family the specified categories A woman's low level of schooling and education of women in their Inadequate housing for family governments’ measures Respondents are also addressed to a certain asked to share their extent by governments. knowledge of whether However, when the factors specified are considered further, in being addressed by their most countries less than respective governments 60% of respondents (see Table 7, Appendix agree that the factors 2). Table 21 presents are being addressed. their responses. In the Taiwan and the majority of the countries Philippines report the surveyed, all factors highest agreement with specified are being whether the factors are being addressed. respondents do not think public transport by CHAPTER III these have been too survivors of VAW who affordable. Less than wish to use the services. 2. PROTECTION half of the respondents It should be noted, feel these are accessible however, that even in terms of cost). In where the services are One of the most must further be addition, even when location-wise accessible, important roles of accessible to women one-stop centres are it does not mean that governments in experiencing violence considered by many to they are free or are not intervening in VAW from various be a feature of best costly, as can be seen issues is to provide perspectives such as practices in VAW from the earlier protection to the cost, physical location intervention, discussion on cost. survivors from further where relevant and respondents do not feel Immediate and safe harm when cases of information and that these have been housing, rehabilitation VAW are identified and processes that can be cheap for victims to service centres and known. This includes understood by the access. This may be services related to keeping the survivors women. because of the location empowering women safe, ensuring that there of the one-stop centres. remain less accessible is no opportunity for the The survey in this project If the services are mostly to women in terms of perpetrators to instigate tries to gauge from the available in cities or location. further violence and respondents the towns, to access it making sure the victims/ accessibility based on survivors from rural or Table 11, Appendix 2 survivors receive these elements, of remote areas will have to presents respondents adequate and timely government services incur high costs. views about the services. This report will that are established to Rehabilitation service accessibility of further discussed these intervene in VAW cases centres are reported to government services in aspects of due diligence and to help the victims. be the least economical terms of their reach to by referring to available Respondents are asked of the government rural areas. literature and the survey to rate the accessibility services available. Respondents generally conducted for this of the services in Further investigation feel that all the specified project. reference to cost, needs to be done on the government services are proximity to public nature of the not very accessible to transport, the availability rehabilitation centres in rural or remote areas. In Protection through of the services in rural or different countries in the each of the services the provision of remote areas and the Asia Pacific to mentioned, less than services: the issue availability of the understand the cost 40% of the respondents services in language/s implication to their users. of accessibility feel that it is accessible that can be understood to people in the rural or by the people at which Table 10, Appendix 2, remote areas. Medical Based on the survey the services are presents respondents and health facilities and conducted for this targeted. view about the counselling and support project, counselling and availability of their centres are reported to support centres are Table 9 in Appendix 2 governments’ be most accessible to indicated as the most presents the responses programmes in relation rural users. One-stop available services for in relation to the issue of to their accessibility by centres are ranked very survivors of VAW (see cost. According to the public transport. In low from the aspect of Table 7, Appendix 2). respondents, the terms of physical their availability to rural The respondents cheapest services accessibility of people. This is a concern particularly report the available to victims of government services, since to access the dearth of services VAW are telephone help respondents feel that services rural people will relating to the lines and counselling one-stop centres top the have to travel to town empowerment of (including interventions list. Available and cities and this will women. Making at support centres). government crèches and further increase the cost available services that Although medical and legal services are also they will incur in order to help VAW survivors is health facilities are seen as services that are use the services. just one step in helping crucial services for offered in locations that them and in eradicating survivors of VAW, the can easily be reached by Table 12 in Appendix 2 VAW. The services is a representation of limit the access of the and surrounding VAW. disposal of cases. In respondents’ views services. On the other This fundamentally addition, parallel about the availability of hand, certain factors refers to insensitive services such as medical government services in may instead add value to responses of service treatment and social terms of local languages/ the effectiveness and providers when dealing support intervention are dialect. The accessibility availability of certain with survivors of VAW, also essential in of government services services. Table 13 of especially where providing protection for in terms of its availability Appendix 2 lists particular service victims of VAW. in local languages or respondents’ views providers are the first dialects is seen by the about factors that may points of contact for The survey in this project respondents to be render services in their survivors seeking help. attempts to assess generally high. Legal countries more The beliefs that domestic whether the legal, and counselling services accessible or less violence is a private judicial, medical and are widely available in accessible to women matter or that survivors’ social services are local languages and this survivors of violence. behaviour contribute immediately available for is very beneficial to Most of the reported towards why they are victims. Table 14 of survivors of VAW. factors that are seen as raped, for example, may Appendix 2 shows However, the reducing the accessibility influence the way in respondents’ rating of respondents report that of government services which officials react and police services in terms telephone help lines as mentioned by the respond to reports of of giving immediate services are the least respondents are actually violence. This is an issue responses. Only slightly available in the local factors that reinforce that must be more than half of languages. This is a their reports on the comprehensively tackled respondents feel that concern because inaccessibility of the by governments. police would readily offer telephone help lines are services in terms of the Approaches may range the service to the cheapest means of comprehensiveness of from giving on-the-job accompany a survivor to getting help for survivors coverage of the services. training to designing retrieve her belongings. of violence and if aid Respondents also programmes that will This intervention is cannot be prescribed reported that the fundamentally challenge highly essential in due to language barriers, services were highly persistent patriarchal domestic violence cases the benefits for the inaccessible to remote social norms and where women flee their survivors may be greatly geographical areas of practices. matrimonial homes to reduced. Further their respective seek help from further inquiries need to be countries. Governments violence. In most cases, made as to why these need to make more Availability of the women brought services are seen as systematic assessment criminal justice, minimal belongings with limited in terms of their of the reach of their judicial, medical them and it is important available in local services based on that they are able to languages. One possible geographical areas and and social services safely go back to the reason is that where a the reasons for inability matrimonial homes to country’s population to achieve wider reach. Police is frequently the gather important uses multiple native Budgeting plans needs first point of contact that belongings before languages, the services to specifically allocate survivors of VAW made seeking alternative may mostly be available resources for the setting with in order to seek accommodation. in the official language/s up of services to remote help. Their ability to that may not be readily areas. respond urgently to the Slightly more than half of understood by victims contact and in a specific the respondents think with the native Another important factor manner, greatly reduce that police in their languages/ dialects. that is reported as the risk of further harm countries have legal reducing the accessibility to survivors of VAW. The powers to require When government of government services subsequent responses perpetrators of violence services that deal with to survivors of VAW is of the criminal justice to leave premises in VAW issues are, on the the persistent lack of system to survivors’ order to ensure the surface, available to understanding or reporting are also safety of the victims. women who are affected negative attitudes of significant in ensuring These powers are by violence, there may service providers that survivors are given ordinarily granted in be certain factors that towards the issues of effective and just legislation dealing with VAW, particularly on contains respondents’ victims may need special based on just domestic violence. assessment of the attention from child considerations. Although these powers immediate availability of protection services and Important elements in are reported by the important elements in agencies dealing with the courts that will lead majority of respondents prosecution. For the children as witnesses. to effectual resolutions to be immediately purpose of the survey, Lack of urgent in VAW cases include available, there is still a two elements in coordination between the ability to grant high number of prosecution are included prosecutors and other protection orders without respondents (41.5%) in the questionnaire relevant agencies may delay and to make who considers this administered to not only cause further relevant orders in power to be absent. respondents. adversity to the survivors conjunction with or Coordination between but may also affect the separate from the Respondents are less prosecutors and other prosecution. Survivors protection orders. These confident of the ability of agencies while may not able to include orders giving the police in their prosecution is pending cooperate effectively in exclusive occupation of countries to respond to and during prosecution their own cases because matrimonial homes to information or report of proceedings is an of limitations resulting victims of domestic VAW in an urgent important service that from needs and violence or orders to manner. Only 28.3% of will greatly benefit the concerns that are not exclude perpetrators the respondents feel that survivors of VAW. The immediately addressed. from the premise where the police have done other element of victims are ordinarily this. Low response time prosecution is the time The respondents in this residing, other varieties to VAW reports have taken for the disposal of study also indicate the of restraining or implications on the protection orders to unavailability of quick expulsion orders, orders safety of victims of VAW victims, either as interim turnaround time in related to children and and in certain measures pre- applying for protection orders requiring circumstances will have prosecution or more orders. Prosecution perpetrators to undergo serious impact on permanent protection decisions sometimes intervention subsequent processes of orders to be applied take time because they programmes. Table 16, cases. Police quick upon the commencing of depend, inter alia, on Appendix 2 presents the response, for example, prosecution or as part of investigations of cases promptness of judicial timely presence at the prosecution outcome. by the police. It is responses to VAW scene of violence, may important that protection cases, based on the diffuse life-threatening Based on the survey, the orders are available reports of the situations. Late majority of the pending the prosecution respondents. response, on the other respondents report that decisions. If protection hand, may sometimes important elements in orders are dependent Based on the survey, cause inadequate prosecution of VAW upon the commencing of the majority of gathering of evidence, cases that will help prosecution, it is also respondents have which have implications survivors of VAW are not critical that prosecution reported that there is on the prosecution of present in their decisions be made immediate availability in VAW cases. countries. Few promptly and assistance the first three elements respondents report that with applying for of the judicial response A logical consequence of coordination between protection orders be to VAW as listed in police intervention in prosecutors and other made available urgently Table 16, Appendix 2. VAW cases is the agencies are to survivors. However, it is of concern prosecution of the immediately available in that the respondents do perpetrators especially in their countries. The role of the courts in not think that the two countries where forms of Survivors may need disposing of cases is last elements in the list, VAW are considered medical and very important to ensure which are very important criminal offences. psychological treatments effective protection for aspects of judicial Effective prosecution after reporting of victims of VAW. Other responses to VAW, are and related processes incidents of violence. than specific powers effectively accessible to are important in further They and accompanying given through survivors of VAW. The ensuring the safety of children may need legislation, courts must immediate availability of survivors of VAW. Table shelter or alternative be able to exercise protection orders to 15 of Appendix 2 accommodation. Child discretionary powers victims is highly essential to ensure their Other than needing safety from further medical and violence. Many victims psychological attention, of VAW are severely survivors of VAW are economically also in vulnerable disadvantage at the positions in relation to point of seeking help. many socio-economic Judicial interventions in issues. They may be in the form of orders for need of shelter or the exclusive use of alternative marital or family assets accommodation and such as houses, car and other protective services, government welfare both for themselves and benefits acquired as particularly in the case of spouses or a family, domestic violence, for facilitate victims leaving their children or children violent relationships. under their care. Child victims of VAW further Physical and require more targeted psychological hurt are social services direct outcomes of intervention. This study VAW. Infliction of pain surveys respondents’ on the body and through assessment of the psychological means is accessibility of these a way, which medical and social perpetrators of violence protective measures in use to assert power over their countries (see the victims/ survivors. Table 17, Appendix 2). At the point of seeking Unfortunately, most help, many victims have respondents reported evidence of physical the unavailability of injuries but may not medical services and display psychological services related to impact of the violence. emotional and Effective protection psychological against VAW must interventions in their ensure that both types countries. Where of hurt be dealt with available, medical when survivors first intervention for physical make contact with the injuries is more relevant agencies. An obtainable than indicator of the assistance in the form of effectiveness of emotional or protection measure for psychological therapies. VAW is the immediate Social services are availability of medical reported to be more and psychological available. interventions for VAW survivors/ victims. help for violence is also state responsibilities. a factor that is very often However, prevalent CHAPTER III communicated and socio-cultural norms are complained about by often reflected in 3. PROSECUTION AND survivors of VAW. In attitudes and INVESTIGATION domestic violence cases, approaches that for example, many government adopted in survivors depend addressing particular economically on their issues. Such attitudes perpetrators. If they and approaches A very important Based on the responses leave the relationship or influence to the indicator of the of the NGOs, survivors the matrimonial homes, processes of enacting government’s due of VAW in the Asia they may experience policies and law and of diligence in the case of Pacific have complained financial difficulties. their implementation VAW is the action taken of all of the specified Sexual harassment thereof. Governments by it to investigate and factors in the list. Table victims will also face must therefore, take prosecute acts of 18, Appendix 2 shows economic hardship in action to reduce and violence perpetrated the types of complaints cases where their eventually eliminate against women. A received by respondents reporting causes them to such standards and consistent practice of from the victim/survivor lose jobs. mores of society since it investigation and in relation to factors that has adverse impact on prosecution will reassure hinder the latter from Three factors with the the rights of citizens to victims of VAW to take seeking help. More than highest deterrent effects freedom from violence. steps to stop the half of the respondents to victim seeking help, violence or to leave the reported having received according to the violent location without complaints about all of respondents, are (see fear of repercussion. the factors mentioned also, Table 19, Appendix except for “fear of 2): deportation”. Three- Factors affecting quarter (75%) of the Prosecutorial 1. Victims’ lack victims/ survivors’ respondents reported of confidence decisions and VAW decisions to seek that victims have complained about two- in the judiciary help thirds of the factors listed The police, prosecution and judiciary are key in Table 18 of Appendix 2. Victim’s lack Literature has indicated state institutions in 2. It is not surprising that of confidence various factors, which ensuring justice for the most frequent in the police, hinder or cause victims victims of VAW. Police complaint received is and to hesitate from reporting fear of repercussions officers are ordinarily the experiences of violence from perpetrators if first on-the-scene Social stigma or from leaving the victims report VAW, 3. personnel of government locations or situations of which is reported by or socio- agencies for reported violence. Women NGOs 94.3% of the cultural taboo incidents of VAW. They have also noted down respondents. In most associated are also responsible to many of these factors in cases, service providers with their conduct expedient their annual reports as are able to predict such experiences of investigation to ensure causing women to defer occurrence and as such, violence. successful prosecution seeking help. This study they should take all of perpetrators. assesses whether these necessary steps to The first two are directly Prosecutors and the factors are provide appropriate related to services prosecution offices play communicated by protection to survivors provided by the a large role in victims of VAW to the upon receiving reports government and lack of determining the outcome respondent-NGOs and from them. confidence in these of formal intervention in whether the factors services implies the lack VAW cases. Decisions to prosecute and the actually hamper victims The possible detrimental (of efficacies in the way prosecution is from seeking effects on their economic services. Social stigma handled will have impact interventions. wellbeing as a and taboo can be less on victims’ confidence in consequence of seeking directly attributable to the criminal justice cases is also made (see system. Prosecutors’ Table 20, Appendix 2). Attitudes and to assess whether the sensitivity to the nature The respondents are perceptions of listed negative attitudes of relationship of victims generally in favour of justice agencies and sentiments about to the perpetrators in steps that will ensure VAW are present many VAW cases is prosecution but that is affecting legal amongst justice crucial making sure that also concerned with the proceedings in personnel in their victims are able to welfare of the survivors. VAW cases countries. The contribute in the success They strongly disagree respondents feel that of the prosecution. This with measures that Attitudes, perception and detrimental attitudes is not only important for further victimise the sentiments of justice about VAW are quite prosecutorial record survivors such as agency personnel often pervasive amongst the purposes but also to give denying the victims permeate into their personnel in all three a sense of protection or prosecuting decisions in dealing with justice agencies, empowerment to victims/ the victims for lack of VAW cases. Their particularly the police. survivors. The judiciary cooperation. personal views about The respondents also has final, determinative marital relationship, for reported that these power in criminal justice example, may lead to agencies frequently processes. In the case of decisions in their demonstrate views of the VAW, judicial policy, intervention that are primacy of protecting the norms and practices can premised heavily on institution of the family. influence the sense of upholding the family This attitude may lead to justice survivors obtain institution even in the the decisions, inter alia, from the processes. face of potential harm to to settle cases through Much of the success of individual members of alternative means than prosecution in VAW the family. In the case of formal, legal processes. cases hinges upon the the court, perception of This include encouraging cooperation of the the privacy of family the victims to go through victims/ survivors. issues, may influence a process of mediation However, where victims judges to compulsorily or conciliation with the are uncooperative or are require cases to be perpetrators either as not able to contribute in disposed informally or semi-formal or non- their own cases, simply through alternative formal processes dropping the cases is not dispute resolution endorsed by the courts. desirable practice from a methods, which may not It should be noted that due-diligence address VAW issues preference for “talking it perspective. The survey effectively. Lack of out with the perpetrators” in this project gauges understanding about the is also a prevalent respondents’ views psychosocial aspects of sentiment observed by about the appropriate VAW and about the respondents in the actions that gendered nature of VAW agencies. In many governments must take may lead the justice cases, these processes in cases where victims personnel to conclude are conducted with a are unable or refuse to that women are partially, view to reconcile the continue with if not wholly, to blame for parties and this premise prosecution of their violence they suffer or can be harmful to cases. continue to suffer. women and girl-children in VAW cases. It is good In the survey, an The survey in this project to note that blaming-the- assessment of the gauges the presence of victim attitude is reported respondents’ opinions such attitudes and to be low amongst the about governments’ sentiments amongst the police but its continued responses in cases justice agencies’ officials presence is still where victims/ survivors as observed by the worrying. This attitude, refuse or are unable to respondents (see Table however, appears to be proceed with the 21, Appendix 2). The significantly present in prosecution of their respondents are asked the judiciary. Amongst the countries CHAPTER III Plural legal system surveyed Bangladesh, 4. PUNISHMENT and its impact on India, Indonesia, the prosecution and Philippines and Solomon In assessing due legislature in dealing Islands have formal investigation diligence of with specific forms of plural legal systems. In governments on the VAW. all of these countries, issue of VAW, matters Legal structures and other than a general that need to be taken However, there is more systems may hinder or system of law based, in into account include unclear availability of facilitate processes of most cases, on legal methods that are used punishment for types of justice for VAW cases. systems of their by governments to hold violence in the context Many countries in the historical colonial perpetrators of VAW to of marriage such as Asia Pacific have masters, religious and account. These domestic violence, sources of law that are customary laws are methods come in the forced marriage and multiple and based on allowed to subsist to form of, inter alia, child marriage. the different religions address mainly legislation that specify or Countries in the Asia and cultures of the ‘personal’ matters of prescribe forms of Pacific show disapproval peoples of the countries. peoples of different punishment for VAW. of domestic violence by Where these sources religious and ethnic legislating against it in are formalised (through backgrounds. Although Many countries in the various forms. However, constitutional or not a majority, a Asia Pacific have in many countries, it is legislative provisions), substantial number general criminal shown that there is a women who experience (45.7%)85 of legislation under which tendency to “down- gender-based violence acts of VAW are criminalise” the offence may be compulsorily respondents in the considered for when enforcement differentiated in the countries that have prosecution. agencies prefer to access to justice. In plural legal systems feel Punishment under such intervene informally. countries that purport to that the religious or prosecution will be Police, for example, have a singular system customary laws condone based on the offence/s have been shown to but have diverse socio- VAW to a certain extent under which complaints prefer not deal with the cultural demographics, by providing justifications of VAW is categorised. perpetrators by entering governments may for acts of violence Several countries also them into the formal informally allow certain against women. They enact legislation for system of criminal orderings, especially in are also of the opinion specific forms of VAW justice (e.g. at the very relation to the issue of that acts of VAW are with detailed forms of basic, by preparing marriage and the family, typically harder to proof punishment. investigation papers and to be conducted at in religious or customary Respondents in the applying order to community levels. legal processes. survey are asked to list investigate) even when and describe usual the act committed is forms of punishment in parallel to that of an act their countries when that would ordinarily be perpetrators of VAW are dealt with accordingly if prosecuted under the committed by strangers. law (see Table 22, Appendix 2). Based on Table 22 of Incarceration appears to Appendix 2, are be the most common generally dissatisfied form of punishment for with the adequacy of all forms of VAW in the punishment provided for Asia Pacific. Life VAW in their countries. imprisonment and death Only on the issue of 85 Missing value is at 20% penalty are also used in rape the respondents of sample (i.e 20% of a few of the countries have agreed that respondents in the sample especially for the crime punishments in their group did not record their answers) and the of rape. This shows countries generally percentage is based on some seriousness on commensurate with the respondents who answered the part of the crime. In many of the positively only. Asia Pacific countries, legal exceptions to CHAPTER III laws on rape have been punishment or in existence for relatively sentencing or judges 5. PROVISION OF REDRESS AND long period of time may be indirectly REPARATION compared to laws on influenced by social other forms of VAW. In sanctions or conditions India, for example, the in particular issues when Penal Code was first sentencing. In the context of this medical costs. The enacted in 1860 and Respondents in the project, redress refers to redress for these items contained provisions on survey for this project any form of may mostly be in the rape (sections 375-376). feel that defence of compensation or form of provisions of Thus, the laws may provocation may reparation that is made medical services at have gone through significantly influence available to survivors of government hospitals many legislative sentencing by judges in VAW, in addressing the and welfare assistance amendments that their countries (see harm or loss suffered by from social services. improve their Table 24, Appendix 2). the survivors. Women Loss of opportunities effectiveness and this The defence of honour experiencing VAW not (e.g. work, education), may explain is seen as less only suffer from physical moral harm (e.g. loss of respondents’ agreement influential but CSO injuries, but also reputation) and that the punishments responses indicate that emotional and psychological/ mental they generally there are still psychological hurt. In hurt receive the least commensurate with the circumstances where cases where survivors of redress from the crime of rape. judges have considered VAW have children, their government. Based on this defence in deciding children may suffer the NGO responses, the When probed further, on sentences. similar grievances and highest available redress respondents show much the survivors may incur in the Asia Pacific lower agreement with Another important additional costs in countries is court action the adequacy of aspect of punishment is seeking help. In many for civil remedies, which punishments for VAW that it should rehabilitate domestic violence cases, allows survivors to claim provided by their States, the perpetrator and perpetrators cause compensation and in the context of the prevent him from damages to victims’ damages for hurt caused purposes of repeating his violent property to cause and/or for cost incurred punishments (see Table behaviour. Thus, legal emotional hurt to or to in seeking intervention. 23, Appendix 2). They provisions on VAW demonstrate their Criminal actions also, in consider the should contain forms of powers over the certain circumstances, punishments to be punishment, as survivors. It should be yield reparation for especially inadequate in alternatives or additions, the responsibility of the victims (through specific rehabilitating the which have these State/ government to behavioural orders to perpetrators of violence. purposes. Based on the provide redress for these perpetrators). In a few survey, less than 50% of forms of harm. countries, victim The effectiveness of the respondents feel compensation schemes punishment or that current In the survey, are set up to provide sentencing provisions in punishments or respondents are asked assistance to the VAW cases may be sentencing patterns can whether their survivors while criminal modified by certain contribute towards the governments provide cases against their defences presented to rehabilitation or compensation and perpetrators are the judges. These improved reparation for various ongoing. defences may be based harms experienced by While redress may be on norms and practices the survivors of VAW available, the process of in particular countries or (see Table 24, Appendix getting the redress may certain conditions or behaviour of the 2). Based on the be less accessible for environment in these perpetrators and thus, respondents’ report, the survivors. One way countries. In the case of help reduce recidivism redress is mostly to assess the the norms and practices, (see Table 25, Appendix available for suffering in accessibility of the these may be formally 2). the forms of physical redress is by looking at legislated as providing harm, costs incurred who has to bear the cost related to children and of the process to get redress. If redress is that only 24.5% of the less so for mental harm. or controlling available but survivors respondents believe that The use of restitution as environment, gaining have to incur cost before their governments have a form of redress is employment or obtaining reparation, this allocation to pay mostly felt to be education etc). may hinder survivors compensation to important for loss of Respondents feel that from accessing the survivors of violence86. opportunities and restitution in their process in the first material damage. countries does not have States should take steps instance. Having to incur However, restitution has high effectiveness in to increase the partial cost may also be possible merits in restoring property and accessibility of the limiting for certain helping survivors recover place or residence, redress by bearing the survivors especially many aspects of their liberty, employment, full costs or a substantial those from a very lives (for example, economic opportunities, portion of the costs. disadvantaged economic regain safe family life reintegration into Schemes where funds background. Free and respected social communal and family are contributed by processes and standing, recover lives, citizenship and different stakeholders processes that can be economic losses etc) social standing of but which will be made accessed through full- and acquire new benefits survivors of VAW (See available without any financial aid (if survivors for their wellbeing Table 29, Appendix 2). cost to needy survivors fulfil set criteria) such as (freedom from violence should be more legal aid may be prevalent. considered to be accessible by survivors. The respondents The project inquires into generally feel that the accessibility of the monetary compensation processes for redress is the best form of from the respondents redress for all types of and the responses are losses/ harm suffered by contained in Table 26 of survivors of VAW and Appendix 2. especially in the case where property has been damaged in the course The responses show of violent behaviour (see that the costs of Table 28, Appendix 2). processes to obtain For causing physical and redress are still largely mental harm, the borne by survivors who punishment of seek the redress. The perpetrators is also seen lowest costs of process as a very important of redress for survivors redress. Apology is seen can be obtained for to be most suitable for redress provided at VAW that causes community level (both survivors loss of legally sanctioned or reputation (moral harm). non-legally sanctioned Interestingly, community or religious perpetrator’s promise to councils or tribunals). All cease causing harm is formal/legal (provided mostly seen as important directly by the State) for physical harm and forms of redress are obtainable through processes that require 86 Based on responses to question F.4(a) of the incurrence of costs on questionnaire. 43.4 percent the survivors’ part. This of respondents reported that may limit their ability to their governments do not get redress and may have allocation for such compensation and 24.5 discourage them to seek percent are not sure if there help. This survey finds is such allocation from their respective governments. The recommended best/ change and good practices based on cultural reforms CHAPTER IV existing and proposed CONCLUSION – BEST measures may be 5. Legal aid and summarised as follows: free legal PRACTICES ON VAW assistance to 1. Clear victims legislation that addresses 6. Possible use of Many of the Asia Pacific contains their VAW alternative countries have in place suggestions for best comprehensive dispute various measures to practices in tackling the ly. Legislation resolution combat violence against issue of VAW in their may be for methods women. Legislation respective countries. A specific forms prohibiting particular few of the suggestions of VAW or a forms of violence is refer to measure already general 7. Special courts especially available for existing in their legislation on for VAW cases. domestic violence, rape, countries. VAW that This is to also sexual assault and takes into to facilitate trafficking. There are Best practices proposed account all survivors’ also multiple approaches by respondents forms of VAW inclusion to intervention and generally focus on occurring the substantially prevention of these practical solutions to country and and critically in problems such as VAW problems. In many with detailed the whole provision of counseling, cases, the proposed provisions on process of campaign programmes, best practices are key intervention prosecution awareness-raising programmes that and through community and underlie and will investigation to 2. Multi-sectoral religious organisations enhance the increase their programmes and programmes to effectiveness of sense of on violence empower women to legislative measures. empowerment against women improve their situation They are measures that and to make it and to be knowledgeable promotes looking at easier for court of their rights. There are VAW resolutions from 3. Regular order less clear formal, legal or holistic perspectives and awareness- implementation other measures for that are targeting and raising and programmes to issues of sexual involving multiple training be formulated harassment, marital stakeholders. A few of programmes rape, forced marriage these best practices for government 8. Gender- and child marriage. A relate to existing officers, with sensitive few of the available programmes and extensive personnel in measures are fairly respondents express the follow-up. justice useful and can be desire to see them being These proceedings established as best implemented more programmes (including practices to be emulated seriously and cohesively. must cater to police, lawyers, by other countries, Best practices in a few of the issue of prosecutors, perhaps with some these countries can also staff turnover judges). A modifications, where be easily emulated in the in particular temporary needed, to cater to other Asia Pacific departments/ measure to socio-cultural countries. agencies ensure differences. Table 30 of dealing with sensitive Appendix 2 presents VAW intervention in respondents’ report of VAW cases is government measures 4. Proactive by assigning available to deal with programmes policewomen VAW, that they are that promote to units that aware of. It also attitudinal deal with VAW. Sensitisation handling VAW may also be cases achieved by developing 9. Victim-focused comprehensive rehabilitation prosecution programmes guidelines with detailed protocols in 10. Fair trial and due process. APPENDIX 1 SOCIO-POLITICAL-LEGAL CONTEXT OF THE ASIA PACIFIC COUNTRIES
Table 1: Social, legal and political context of the South Asian region
GDP per Official Country Demographics capita Capital Political and legal systems languages (2011) ($) Population: 1.5 billion
Women: 49.4%
Ethnic: Bengali Parliamentary democracy with a unicameral (98%) and other legislature. ethnic (2%) Head of state: President Religions: Muslim (89.5%); Head of government: Prime Minister Bangladesh 678 Dhaka Bengali Hindu (9.6%); other (0.9%) Plural; English-based common law form the main system; parallel personal laws (for Age at first marriage Muslims and minority Christians, Hindus, for women: (no Buddhists, Sikhs) recent data): In 2000, more than 50% of women were married by the age of 15
Bhutan Population: 2,121 Thimphu Constitutional monarchy Dzongkha 717,000 (1/6 of Bhutan population live in as refugees in Nepal after being evicted by the government for being labeled economic migrants)
Women: 47.7% (60% of Bhutanese refugees in Nepal are women and children)
Ethnic make-up: Bhote 50%, ethnic Nepalese 35%, indigenous or migrant tribes 15% GDP per Official Country Demographics capita Capital Political and legal systems languages (2011) ($) Religions: Lamaistic Buddhism 75%, Hinduism 25%
Age at first marriage for women:
Population: 1.21 billion
Population of women: 48.4%
Ethnic: Indo-Aryan (72%), Dravidian “Sovereign socialist secular democratic Bengali, Gujarti, (25%), and republic”, with a parliamentary system. Hindi, Kannad, Mongoloid and Oriya, Marathi, India other (3%). 1,389 New Delhi A federal Union of 28 states and 7 Union Malayalam, Territories, specified in the Constitution. Telugu, Religions: More Tamil,English than 80% of English-based common law system; population are constitutional supremacy Hindu. Other religions are Muslim (13.4%), Christian (2.3%), Sikh (1.9%), and other (1.8%).
Population: 396,000
Women: 48.5%
Religion: Islam is the official religion and open practice Presidential Republic (President as Head of of any other religion Government and Head of State). Legislative is forbidden and body is called the People’s Majlis and is liable to unicameral. prosecution. Constitution states: "The judges are Maldives Ethnic: Dhivehis 5,973 Malé Dhivehi independent, and subject only to the (but more than constitution and the law. When deciding 70,000 foreign matters on which the Constitution or the law employees, along is silent, judges must consider Islamic with 33,000 illegal Shari’ah.” immigrants (from neighbouring South Asian countries) comprised more than one third of the Maldivian population.
Nepal Population: 850 Kathmandu Nepali 26.6 million Democratic multi-party system federal republic Women: 50.4%
Ethnic: GDP per Official Country Demographics capita Capital Political and legal systems languages (2011) ($) The Nepalese are descendants of three major migrations from India, Tibet, and North Burma and the Chinese province of Yunnan.
Religion: Hinduism
Population: 180.4 million
Women: 49.2%
Ethnic: Pakistan Punjabi, Pashtun, 1,201 Islamabad Islamic Republic Urdu, English Sindhi
Religion: Islam (97%)
20.3 million Sri Jayawarde- Sri Lanka 2,877 Democratic Socialist Republic Sinhala, Tamil napura-Kotte Source: (Various World Wide Web resources)
Table 2: Social, legal and political context of the South Asian region GDP per Official Country Demographics capita Capital Political and legal systems languages (2011) ($) Population: 425,890
Women: 49.5% The politics of Brunei take place in a Ethnic: Malay, framework of an absolute monarchy, whereby Chinese, Indians the Sultan of Brunei is both head of state and head of government. Executive power is Brunei Religions: Bandar Sri exercised by the government. Brunei has a Darussalam 678 Malay Islam (67%), Begawan Legislative Council with 20 appointed Buddhism (13%), members, that only has consultative tasks. Christianity (10%), Legal system: mixed legal system based on others (indigenous English common law and Islamic law beliefs, etc.) (10%)
Age at first marriage for women: 25.1 Cambodia Population: 931 Phnom Penh The politics of Cambodia takes place in a Khmer (official) 14,952,665 framework of a constitutional monarchy, 95%, French, whereby the Prime Minister is the head of English Women: 51.7% government and a Monarch is head of state. The kingdom formally takes place according GDP per Official Country Demographics capita Capital Political and legal systems languages (2011) ($)
Ethnic: Khmer 90%, to the nation's constitution (enacted in 1993) Vietnamese 5%, in a framework of a parliamentary, Chinese 1%, other representative democracy. Executive power 4% is exercised by the government. Legislative power is vested in the two chambers of parliament, the National Assembly and the Religions: Buddhist Senate. (official) 96.4%, Muslim 2.1%, other Legal system: civil law system (influenced by 1.3%, unspecified the UN Transitional Authority in Cambodia) 0.2% customary law, Communist legal theory, and common law Age at first marriage for women: 22.8 Politics of Indonesia takes place in a Population: framework of a presidential representative 248,216,193 democratic republic, whereby the President of Indonesia is both head of state and head of government, and of a multi-party system. Women: 49.9% Executive power is exercised by the Ethnic: Javanese government. Legislative power is vested in 40.6%, Sundanese both the government and the two People's 15%, Madurese Bahasa Representative Councils. The judiciary is 3.3%, Minangkabau Indonesia independent of the executive and the 2.7%, Betawi 2.4%, (official, legislature. The 1945 constitution provided for Bugis 2.4%, Banten modified form of a limited separation of executive, legislative, 2%, Banjar 1.7%, Malay), English, and judicial power. The governmental system Indonesia other or unspecified Jakarta Dutch, local has been described as "presidential with dialects (of 29.9% [1] parliamentary characteristics." Following the which the most Indonesian riots of May 1998 and the widely spoken is Religions: Muslim resignation of President Suharto, several Javanese) 86.1%, Protestant political reforms were set in motion via 5.7%, Roman amendments to the Constitution of Indonesia, Catholic 3%, Hindu which resulted in changes to all branches of 1.8%, other or government. unspecified 3.4% Legal system: civil law system based on the Age at first marriage Roman-Dutch model and influenced by for women: 24.6 customary law
Population: 6,586,266
Women: 50.4% Ethnic: Lao 55% Khmou 11% Hmong 8% other (over 100 Laos is a communist single-party socialist Lao’s People minor ethnic republic. Democratic groups) 26% 1,203 Vientiane Lao Republic Religions: Buddhist Legal system: civil law system similar in form 67%, Christian to the French system 1.5%, other and unspecified 31.5%
Age at first marriage for women: 21.6
Malaysia Population: 9,699 KUALA The politics of Malaysia takes place in the Bahasa 28,334,135 LUMPUR framework of a federal representative Malaysia GDP per Official Country Demographics capita Capital Political and legal systems languages (2011) ($)
Women: 49.2%
Ethnic: Malay 50.4%, Chinese 23.7%, indigenous 11%, Indian 7.1%, democratic constitutional monarchy, in which others 7.8% the Yang di-Pertuan Agong is head of state Religions: Muslim and the Prime Minister of Malaysia is the (or Islam - official) head of government. Executive power is 60.4%, Buddhist exercised by the federal government and the 19.2%, Christian 13 state governments. 9.1%, Hindu 6.3%, Confucianism, Legal system: mixed legal system of English Taoism, other common law, Islamic law, and customary law; traditional Chinese judicial review of legislative acts in the religions 2.6%, Supreme Court at request of supreme head other or unknown of the federation 1.5%, none 0.8%
Age at first marriage for women: 25.7
Population: 54,584,650
Women: 50.3%
Ethnic: Burman 68% Shan 9% Karen 7% Rakhine 4% The current government of Burma is led by Chinese 3% Prime Minister (and General) Thein Sein. Indian 2% Myanmar Mon 2% 854 Naypyidaw Legal system: mixed legal system of English Burmese other 5% common law (as introduced in codifications Religions: Buddhist designed for colonial India) and customary 89%, Christian 4% law (Baptist 3%, Roman Catholic 1%), Muslim 4%, animist 1%, other 2%
Age at first marriage for women: 26.4
Philippines Population: 2,462 Manila The Politics of the Philippines takes place Filipino, English 103,775,002 in an organized framework of a presidential, representative, and democratic republic Women: 49.9% whereby the president is both the head of Ethnic: 28.1% state and the head of government within a Tagalog, 13.1% pluriform multi-party system. Cebuano, 9% Ilocano, 7.6% Legal system: mixed legal system of civil, Bisaya/Binisaya, common, Islamic, and customary law 7.5% Hiligaynon, 6% Bikol, 3.4% Waray, and 25.3% as "others" GDP per Official Country Demographics capita Capital Political and legal systems languages (2011) ($) Religions: Catholic 82.9% (Roman Catholic 80.9%, Aglipayan 2%), Muslim 5%, Evangelical 2.8%, Iglesia ni Kristo 2.3%, other Christian 4.5%, other 1.8%, unspecified 0.6%, none 0.1%
Age at first marriage for women: 19.3
Population: 5,353,494 The politics of Singapore takes the form of Women: 51.3% a parliamentary representative democratic republic whereby the President of Singapore Ethnic: Chinese is the head of state, the Prime Minister of Mandarin 76.8%, Malay Singapore is the head of government, and of (official) 35%, 13.9%, Indian 7.9%, a multi-party system. Executive power is English (official) other 1.4% exercised by the cabinet. Cabinet has the 23%, Malay Religions: Buddhist general direction and control of the (official) 14.1%, Singapore 42.5%, Muslim 50,323 Singapore Government and is collectively responsible to Hokkien 11.4%, 14.9%, Taoist 8.5%, Parliament. Like many countries in the world Cantonese Hindu 4%, Catholic today, there are three separate branches of 5.7%, Teochew 4.8%, other government: the legislature, executive and 4.9%, Tamil Christian 9.8%, judiciary, though not necessarily meaning that (official) 3.2%, other 0.7%, none there is a separation of power. 14.8%
Age at first marriage Legal system: English common law for women: 28.5
Thailand Population: 5,394 Bangkok Thai The politics of Thailand are currently 67,091,089 conducted within the framework of a constitutional monarchy, whereby the Prime Women: 50.5% Minister is the head of government and a hereditary monarch is head of state. The Ethnic: Thai and judiciary is independent of the executive and the legislative branches. Thai Chinese (89%) Legal system: civil law system with common • Northeastern Thai law influences (Isan Lao) (34.2%)
• Central Thai
(33.7%)
• Northern Thai
(18.8%)
• Southern Thai
(13.3%) GDP per Official Country Demographics capita Capital Political and legal systems languages (2011) ($)
• Thai Chinese
(14%)
Khmer (7%)
Malay (3%) Other (1%)
Religions: Buddhist (official) 94.6%, Muslim 4.6%, Christian 0.7%, other 0.1%
Age at first marriage for women: 24
Population: 91,519,289 The politics of the Socialist Republic of Women: 50% Vietnam are defined by a single-party socialist republic framework, where the Ethnic: Kinh (Viet) President of Vietnam is the head of state and 85.7%, Tay 1.9%, the Prime Minister of Vietnam is the head of Thai 1.8%, Muong government, in a one-party system led by the 1.5%, Khmer 1.5%, Communist Party of Vietnam. Executive Mong 1.2%, Nung power is exercised by the government and 1.1%, others 5.3% the President of Vietnam. Legislative power is Viet Nam 1,498 Hanoi vested in the National Assembly of Vietnam Vietnamese Religions: Buddhist (Vietnamese: Quoc hoi). The Judiciary is 9.3%, Catholic independent of the executive. The parliament 6.7%, Hoa Hao adopted the current Constitution of Vietnam, 1.5%, Cao Dai its fourth, on 15 April 1992, and it has been 1.1%, Protestant amended once since then. 0.5%, Muslim 0.1%, none 80.8% Legal system: civil law system; note - the civil code of 2005 reflects a European-style Age at first marriage civil law for women: 22.8
Source: (Various World Wide Web resources)
Table 3: Social, legal and political context of the East Asian region
GDP per Official Country Demographics capita Capital Political and legal systems languages (2011) ($) Population: $8,400 Beijing Political: Standard Chinese China, 1,343,239,923 (2011) The Constitution of the People’s Republic of or Mandarin China divides the central government into (Putonghua, based Women: 48.1% three distinct branches of power: the on the Beijing executive, legislative and the judiciary. The dialect), Yue Ethnic: Han central government exerts its power across (Cantonese), Wu Chinese 91.5%, numerous provincial and municipal (Shanghainese), Zhuang, Manchu, governments and townships. At present, Minbei (Fuzhou), Hui, Miao, Uighur, China also maintains five autonomous Minnan (Hokkien- Tujia, Yi, Mongol, regions. In rural China, village governments Taiwanese), GDP per Official Country Demographics capita Capital Political and legal systems languages (2011) ($) organized by villagers themselves govern local affairs almost entirely independently from the central government for the most part.
Legal System: China operates a civil law legal system Tibetan, Buyi, based on a civil code and it has sought to Dong, Yao, Korean, extensively modernize its laws over the and other course of the last forty years or so by nationalities 8.5% sending its jurists and judges around the (2000 census) world to draw on different traditions and learn from them. Therefore, the Chinese Xiang, Gan, Hakka Religions: Daoist legal system is influenced by various dialects (Taoist), Buddhist, jurisdictions but most notably, the European Christian 3%-4%, civil law system. Muslim 1%-2% The Supreme People’s Court, whose judges Age at first marriage are appointed by the National People’s for women: 22 Congress (NPC) and some Special Courts constitute the judicial branch. Provincially, local people’s congresses are elected democratically and there are local people’s courts and special courts. Local people’s courts are comprised of basic, intermediate, and high courts. Population: 24,589,122 (July 2012)
Women: 12.2 million
Ethnic: racially homogeneous; there is a small Chinese community and a few ethnic Democratic Japanese Civil law system based on the Prussian People’s $1,800 Pyongyang model; system influenced by Japanese Korean Republic of (2011) Religions: traditions and Communist legal theory Korea traditionally Buddhist and Confucianist, some Christian and syncretic Chondogyo (Religion of the Heavenly Way)
Age at first marriage for women: 24. Hong Kong Population: 49,400 No capital Hong Kong’s constitution, the Basic Law Cantonese 7,153,519 (July was promulgated in 1990 and came into (official) 90.8%, 2012 effect on 30 June 1997. Hong Kong English (official) practices a form of limited democracy with 2.8%, Women: 52.7% three branches of government: executive, Putonghua judicial, and legislative. The executive (Mandarin) 0.9%, Ethnic: Chinese branch comprises of a Chief Executive, who other Chinese 95%, Filipino 1.6%, is elected by a 1200-member Election dialects 4.4%, Indonesian 1.3%, Committee, and an Executive Council, other 1.1% GDP per Official Country Demographics capita Capital Political and legal systems languages (2011) ($) whose members are appointed by the Chief Executive. The legislative branch consists of the Legislative Council, whose members are elected by direct election, functional constituents and by an election committee. There are 18 District Councils, whose members are both elected by direct election and appointed.
The judiciary is composed of the Court of other 2.1% Final Appeal, the High Court (which includes the Court of Appeal and the Court Religions: eclectic of First Instance), the District Courts, the mixture of local Magistrates’ Court, the Lands Tribunal, the religions 90%, Labour Tribunal, the Small Claims Tribunal, Christian 10% the Obscene Articles Tribunal, and the Coroner’s Court. The courts have jurisdiction over all the cases in the region, Age at first marriage and the judges have life tenure and are for women: 28.8. appointed by the Chief Executive pursuant to recommendations made by a Judicial Officers Recommendation Commission. The appointments to senior levels in the judiciary must be endorsed by the legislature.
Mixed legal system of common law based on the English model and Chinese customary law (in matters of family and land tenure). Population: 127,368,088 (July 2012)
Women: 51.3%
Ethnic: Japanese 98.5%, Koreans Civil law system based on German model; 0.5%, Chinese system also reflects Anglo-American Japan, 0.4%, other 0.6% 34,700 Tokyo influence and Japanese traditions; judicial Japanese review of legislative acts in the Supreme Religions: Court. Shintoism 83.9%, Buddhism 71.4%, Christianity 2%, other 7.8%
Age at first marriage for women: 28.8. Mongolia, Population: $4,800 Ulaanbaatar Mongolia is a parliamentary democracy with Khalkha Mongol 3,179,997 (July a Constitution and three branches of 90% (official), 2012) government: executive, judicial, and Turkic, Russian legislative. There is both a chief of state and Women: 50.6% a head of government. The country is divided into 21 administrative provinces. Ethnic: Mongol There are Soviet and Romano-Germanic (mostly Khalkha) influences in the legal system. 94.9%, Turkic (mostly Kazakh) 5%, other (including Chinese and Russian) 0.1% GDP per Official Country Demographics capita Capital Political and legal systems languages (2011) ($) (2000)
Religions: Buddhist Lamaist 50%, Shamanist and Christian 6%, Muslim 4%, none 40% (2004)
Age at first marriage for women: 24.2. Population: 48,860,500 (July 2012)
Women: 50.9 %
Ethnic: homogeneous (except for about 20,000 Chinese) Mixed legal system combining European Republic of Religions: Christian Korean and 31,200 Seoul civil law, Anglo-American law, and Chinese Korea, 31.6% (Protestant English classical thought 24%, Roman Catholic 7.6%), Buddhist 24.2%, other or unknown 0.9%, none 43.3% (2010 survey)
Age at first marriage for women: 28.9 with parental consent. Population: 23,234,936 (July 2012)
Women: 49.2% (2006)
Ethnic: Taiwanese Democracy with a constitution that divides (including Hakka) government into executive, legislative and 84%, mainland judicial branches. (The People’s Republic of Mandarin Chinese Chinese 14%, China considerst Taiwan part of its territory (official), Taiwan 37,700 Taipei indigenous 2% and does not recognise Taiwan as a Taiwanese (Min), separate state). Hakka dialects Religions: mixture of Buddhist and Legal system is based on civil law system. Taoist 93%, Christian 4.5%, other 2.5%
Age at first marriage for women: 20 as the age of majority Table 4: Social, legal and political context of the Pacific Islands
GDP per capita Official Country Demographics Capital Political and legal systems (2011) ($) languages Population: 106,487 Federal parliamentary representative Women: 50.2% democratic republic. The President of the Federated States of Micronesia is Ethnic: Chuukese 48.8%, Pohnpeian both head of state and head of 24.2%, Kosraean 6.2%, Yapese 5.2%, government. Executive power is Yap outer islands 4.5%, Asian 1.8%, exercised by the government, while Federated Polynesian 1.5%, other 6.4%, unknown legislative power is vested in both the 1.4% 2664 Palikir English States of government and parliament. The judiciary is independent of the Micronesia Religions: Roman Catholic 52.7%, executive and the legislature. Protestant 41.7% (Congregational 40.1%, Baptist 0.9%, Seventh-Day The country has a mixed legal Adventist 0.7%), other 3.8%, none or system of common and customary unspecified 0.8% law
Age at first marriage for women: 24.2 Population: 890,057
Women: 49.1% Parliamentary representative Ethnic: Fijian 57.3% (predominantly democratic republic. Fiji has a Melanesian with a Polynesian multiparty system with the prime admixture), Indian 37.6%, Rotuman minister of Fiji as head of 1.2%, other 3.9% (European, other government. The executive power is Pacific Islanders, Chinese) exercised by the government. English (official), Fiji 3965 Suva Legislative power is vested in both Fijian (official), Religions: Protestant 55.4% (Methodist the government and the Parliament of 34.6%, Assembly of God 5.7%, Fiji. Seventh-Day Adventist 3.9%, Anglican 0.8%, other 10.4%), Hindu 27.9%, The legal system of Fiji is a common Roman Catholic 9.1%, Muslim 6.3%, law system based on the English Sikh 0.3%, other or unspecified 0.3%, model none 0.7%
Age at first marriage for women: 22.8 Population: 101,998
Women: 51.9% Parliamentary representative democratic republic, whereby the Ethnic: Micronesian 98.8%, other 1.2% President of Kiribati is the head of government, and of a multi-party South I-Kiribati, English Kiribati Religions: Roman Catholic 55%, 1592 system. Executive power is exercised Tarawa (official) Protestant 36%, Mormon 3.1%, Baha'i by the government. Legislative power 2.2%, Seventh-Day Adventist 1.9%, is vested in both the government and other 1.8% the House of Assembly.
Age at first marriage for women: 21.6
Marshall Population: 68,480 2,500 (2008) Majuro Mixed legal systems of US and Marshallese Islands English common law, customary law, (official) Women: 49.2% and local statutes
Ethnic: Marshallese 92.1%, mixed Marshallese 5.9%, other 2%
Religions: Protestant 54.8%, Assembly of God GDP per capita Official Country Demographics Capital Political and legal systems (2011) ($) languages 25.8%, Roman Catholic 8.4%, Bukot nan Jesus 2.8%, Mormon 2.1%, other Christian 3.6%, other 1%, none 1.5% (1999 census)
Age at first marriage for women: 20.2 (2007) Population: 9,378 (July 2012)
Women: 50%
Ethnic: Nauruan 58%, other Pacific Islander 26%, Chinese 8%, European 8% No official Religions: capital; Mixed legal system of common law Nauruan (official, Protestant 45.8% (Nauru government Nauru 5,000 (2005) based on the English model and a distinct Pacific Congregational 35.4%, offices in customary law Island language) Nauru Independent Church 10.4%), Yaren Roman Catholic 33.2%, other 14.1%, District none 4.5%, unspecified 2.4% (2002 census)
Age at first marriage for women: (information not available but a reference show that 27% of women aged between 20-24 were married by age 1887). Population: 6,310,129 (July 2012)
Women: 49.0% Tok Pisin (official), Ethnic: Melanesian, Papuan, Negrito, English (official), Micronesian, Polynesian Hiri Motu (official), some 860 Religions: indigenous Roman Catholic 27%, Protestant 69.4% languages spoken Papua New Port Mixed legal system of English (Evangelical Lutheran 19.5%, United 2,500 (2011) (over 12% of the Guinea Moresby common law and customary law Church 11.5%, Seventh-Day Adventist world's total); most 10%, Pentecostal 8.6%, Evangelical languages have Alliance 5.2%, Anglican 3.2%, Baptist fewer than 1,000 2.5%, other Protestant 8.9%), Baha'i speakers 0.3%, indigenous beliefs and other 3.3% (2000 census)
Age at first marriage for women: 21.8 (2004) Samoa Population: 194,320 (July 2012) $6,000 (2011) Apia Mixed legal system of English Samoan common law and customary law; (Polynesian) Women: 48.4% judicial review of legislative acts with (official), English respect to fundamental rights of the Ethnic: Samoan 92.6%, Euronesians citizen (persons of European and Polynesian blood) 7%, Europeans 0.4% (2001 census)
Religions: Protestant 59.9% (Congregationalist 34.8%, Methodist 15%, Assembly of God 6.6%, Seventh-
87 See, http://www.spc.int/prism/country/nr/stats/Publication/DHS/Factsheet/NauruDHS_0_Key%20indicators.pdf GDP per capita Official Country Demographics Capital Political and legal systems (2011) ($) languages Day Adventist 3.5%), Roman Catholic 19.6%, Mormon 12.7%, Worship Centre 1.3%, other Christian 4.5%, other 1.9%, unspecified 0.1% (2001 census)
Age at first marriage for women: 24.3 (2002) Population: 584,578 (July 2012)
Women: 48.3%
Ethnic: Melanesian 94.5%, Polynesian Melanesian pidgin 3%, Micronesian 1.2%, other 1.1%, (lingua franca in unspecified 0.2% (1999 census) much of the country), English Religions: (official but Solomon Protestant 73.7% (Church of Melanesia Mixed legal system of English spoken by $3,200 (2011) Honiara Islands 32.8%, South Seas Evangelical 17%, common law and customary law only 1%-2% of the Seventh-Day Adventist 11.2%, United population), 120 Church 10.3%, Christian Fellowship indigenous Church 2.4%), Roman Catholic 19%, languages other Christian 4.4%, other 2.4%, unspecified 0.3%, none 0.2% (1999 census
Age at first marriage for women: 23.3 (2009) Population: 106,146 (July 2012)
Women: 49.9%
Ethnic: Polynesian, Europeans Tongan (official), Tonga $7,300 (2011) Nuku'alofa English common law English (official) Religions: Christian (Free Wesleyan Church claims over 30,000 adherents
Age at first marriage for women: 26.0 (2001, median value) Population: 10,619 (July 2012)
Women: 50.1% Ethnic: Polynesian 96%, Micronesian 4% Tuvaluan (official), English (official), Mixed legal system of English Tuvalu Religions: Protestant 98.4% (Church of $3,300 (2011) Funafuti Samoan, Kiribati common law and local customary law Tuvalu (Congregationalist) 97%, (on the island of Seventh-Day Adventist 1.4%), Baha'i Nui) 1%, other 0.6%
Age at first marriage for women: 26.1 (2010, median value) Source: (Various World Wide Web resources) APPENDIX 2 TABLES
Table 1: The existences of programmes of prevention by governments for specified types of VAW (n=53)
Type of VAW Exist Does not exist Not sure Frequency % Frequency % Frequency % Domestic Violence 45 84.9 5 9.4 2 3.8 Trafficking 38 71.7 7 13.2 6 11.3 Abuse of girl children 37 69.8 10 18.9 4 7.5 Rape and sexual Assault 35 66.0 13 24.5 5 9.4 Sexual Harassment 33 62.3 13 24.5 4 7.5 Child marriages 27 50.9 21 39.6 1 1.9 Forced marriage 16 30.2 25 47.2 6 11.3 Disfiguring attacks 14 26.4 28 52.8 8 15.1 VAW in times of war/conflict 7 13.2 25 47.2 15 28.3 Female genital mutilation 5 9.4 33 62.3 7 13.2 Table 2: Respondents’ views of effectiveness of the government’s programmes by country
Ineffective Neither effective nor Effective ineffective
Bangladesh China Fiji Hong Kong India Indonesia Types of VAW
% of responses 25 50 75 100 25 50 75 100 5 75 100 25 50 75 100 50 75 100 25 50 75 100 Domestic Violence 100.0 0 Sexual Harassment Rape and sexual Assault Abuse of girl children VAW in times of war/conflict Trafficking Female genital mutilation Disfiguring attacks Child marriages Forced marriages Philippines Solomon Islands Taiwan Types of VAW
50 75 100 25 75 100 25 50 75 10 25 50 75 100 % 0 Domestic Violence Sexual Harassment Rape and sexual Assault Abuse of girl children VAW in times of war/conflict Trafficking Female genital mutilation Disfiguring attacks Child marriages Forced marriages Table 3: The existence of preventative government programmes for targeted groups
Target groups/entities Exist Not exist Not sure Frequency % Frequency % Frequency % Police 43 81.1 3 5.7 7 13.2 Women 37 69.8 10 19.6 3 5.9 Medical service providers 30 56.6 12 22.6 10 18.9 Youths and teenagers (ages 11-25) 22 41.5 19 35.8 9 17.0 Teachers 18 34.0 19 35.8 13 24.5 Community, religious or traditional 16 30.2 19 35.8 14 26.4 leaders Men and boys 16 30.2 21 39.6 14 26.4 Minority/vulnerable group 16 30.2 22 41.5 9 17.0 Young children (ages 5-10) 13 24.5 23 43.4 14 26.4
Table 4: The existences of the specific provisions in existing measures that address different categories and experiences of women
Target groups/entities Exist Not exist Not sure Frequency % Frequency % Frequency % Woman from rural areas (n=51) 26 49.1 21 39.6 4 7.5 Women with disabilities (n=50) 19 35.8 24 45.3 7 13.2 Migrant women (n=50) 17 32.1 24 45.3 9 17.0 Women with psychological difficulties 14 26.4 27 50.9 10 18.9 (n=51) Women refugees and displaced women 12 22.6 29 54.7 10 18.9 (n=51) Women with minority sexual orientation 10 18.9 35 66.0 5 13.2 (n=50) Women with chronic disease (n=51) 9 17.0 27 50.9 15 28.3
Table 5: The existence of the specific provisions that address different categories and experiences of women, by country
√ = exist Bangladesh China Fiji Hong India Indonesia Mongolia Philippines Solomon Taiwan Kong Islands n=7 n=5 n=1 n=4 n=12 n=7 n=5 n=8 n=1 n=3 (F) (F) (F) (F) (F) (F) (F) (F) (F) (F)
Migrant women √ (4) √ (2) (0) √ (2) (0) √ (2) (0) √ (4) (0) √ (3)
Women refugees and displaced √ (2) (0) √ (1) women √ (3) √ (2) (0) (0) √ (2) √ (2) (0)
Woman from rural areas √ (5) √ (3) √ (1) (0) √ (6) √ (3) √ (1) √ (4) (0) √ (3)
Women with psychological difficulties √ (3) √ (1) (0) (0) √ (2) √ (2) √ (1) √ (2) (0) √ (3)
Women with chronic disease √ (2) √ (1) (0) (0) (0) √ (2) √ (1) (0) (0) √ (3)
Women with disabilities √ (4) √ (4) (0) (0) √ (3) √ (2) √ (1) √ (2) (0) √ (3)
Women with minority sexual orientation √ (2) √ (1) (0) √ (1) X (0) √ (2) (0) √ (1) (0) √ (3) % of categories 100.0 100.0 14.3 28.6 57.1 100.0 57.1 85.7 0.0 with existing relevant 100.0 provisions (n=7)
Table 6: Respondents views of whether risk factors for VAW are being addressed
India Philippines Bangladesh Indonesia China Mongolia Taiwan Hong Fiji Solomon Kong Islands n=12 n=8 n=7 n=7 n=5 n=5 n=3 n=4 n=1 n=1 (%) (%) (%) (%) (%) (%) (%) (%) (%) (%) Gender inequality 58.3 100.0 71.4 28.9 60.0 60.0 100.0 25.0 100.0 100.0 A woman's lack of economic 0.0 independence 75.0 62.5 71.4 57.1 80.0 20.0 66.6 25.0 0.0
A woman's low level of schooling and 0.0 education 75.0 87.5 71.4 42.9 60.0 20.0 100.0 0.0 0.0 Financial instability for family 50.0 75.0 42.9 42.9 40.0 0.0 100.0 50.0 0.0 0.0 Negative cultural or religious perception of woman 25.0 50.0 57.1 42.9 60.0 00.0 100.0 25.0 0.0 0.0
Inadequate housing 0.0 for family 33.3 37.5 42.9 42.9 40.0 20.0 66.6 25.0 100.0 % of factors being addressed (n=6) 100.0 100.0 100.0 100.0 100.0 83.3 100.0 83.3 33.3 16.6 % of the extent to which factors are being addressed based on respondents’ report 16.7 (n=600) 52.8 68.9 59.5 42.9 56.7 20.0 88.9 25.0 33.3 Table 7: The availability of the government services to women victims/survivors of VAW
Type of services Available Not available Not sure frequency percentage frequency percentage frequency percentage Counselling and support centre 41 77.4 7 13.2 2 3.8 Legal advice or legal referrals 39 73.5 8 15.1 4 7.5 Medical and health 41 77.4 9 17.0 2 3.8 Telephone help lines 39 73.5 10 18.9 1 1.9 Immediate, safe housing 36 67.9 12 22.6 2 3.2 Creches or child care 30 56.6 12 22.6 7 13.2 Rehabilitation services centre 27 52.9 15 29.4 6 11.8 One stop centre 27 50.9 21 39.6 4 7.5 Empowerment 15 28.3 22 41.5 10 18.9
Table 8: The accessibility of the government services in terms of cost Type of services Accessible Not accessible Not sure Frequency % Frequency % Frequency % Telephone help lines (n=38) 25 65.8 10 26.3 3 7.9 Counselling and support centre 26 65.0 9 22.5 5 12.5 (n=40) Creches or child care (n=29) 17 58.6 6 20.7 6 20.7 Medical and health (n=36) 21 58.3 9 25.0 6 16.7 Immediate, safe housing (n=34) 16 47.1 10 29.4 7 20.6 Legal advice or legal referrals 17 43.6 16 41.0 5 12.8 (n=39) One stop centre (n=26) 12 46.2 6 23.1 8 30.8 Empowerment (n=14) 6 42.9 5 35.7 3 21.4 Rehabilitation services centre 9 36.0 10 40.0 6 24.0 (n=25)
Table 9: The accessibility of the government services in term of public transportation
Type of services Accessible Not accessible Not sure Frequency % Frequency % Frequency % One stop centre 17 68.0 6 23.1 2 7.7 Crèches or child care (n=28) 17 60.7 4 14.3 7 25.0 Legal advice or legal referrals 20 51.3 10 25.6 4 10.3 Medical and health (n=34) 21 61.8 11 32.4 2 5.9 Counselling and support centre 20 54.1 9 22.5 8 20.0 Immediate, safe housing 15 44.1 9 26.5 7 20.6 Rehabilitation services centre 11 45.8 8 33.3 5 20.8 (n=24) Empowerment (n=13) 5 33.3 5 33.3 3 20.0
Table 10: The accessibility of the government services in term of availability in rural areas
Type of services Accessible Not accessible Not sure Frequency % Frequency % Frequency % Medical and health (n=34) 16 47.1 15 44.1 3 8.8 Counselling and support centre 15 40.5 18 45.0 4 10.0 Telephone help lines (n=32) 14 43.8 14 43.8 4 12.5 Empowerment (n=13) 5 33.3 6 40.0 2 13.3 Creches or child care 7 24.1 10 34.5 9 31.0 Immediate, safe housing 8 23.5 17 50.0 5 14.7 Legal advice or legal referrals 9 23.1 20 51.3 6 15.4 One stop centre 6 23.1 17 65.4 3 11.5 Rehabilitation services centre 4 14.8 15 55.6 3 11.1
Table 11: The accessibility of the government services in term of local languages/dialects
Type of services Accessible Not accessible Not sure Legal advice or legal referrals 28 71.8 3 7.7 5 12.8 Counselling and support centre 29 76.3 5 12.5 4 10.0 Creches or child care 20 69.0 1 3.4 4 13.8 Empowerment (n=12) 10 83.3 0 0.0 2 16.7 Medical and health (n=34) 27 79.4 3 8.8 4 11.8 Rehabilitation services centre 16 69.6 2 8.7 5 21.7 (n=23) Immediate, safe housing 18 52.9 3 8.8 9 26.5 One stop centre 15 60.0 6 24.0 4 16.0 Telephone help lines (n=31) 18 58.1 3 9.7 10 32.3
Table 12: Factors rendering services to be more or less accessible to survivors of VAW, by country
COUNTRY FACTORS RENDERING SERVICES LESS FACTORS RENDERING SERVICES MORE ACCESSIBLE ACCESSIBLE Bangladesh Many programmes are temporary project-based The population generally understands Bengali program and may not create long-lasting impact/change (language of most services), therefore, services are accessible in terms of language Lack of infrastructure in remote areas (particularly ‘char’ or island areas or remoter hilly regions) means services may not be accessible to these areas.
Lack of publicity about programmes
Society’s persisting prejudice or lack of empathy towards victims
Fiji Legal service providers are not gender sensitised
Insufficient legal service providers
Hong Kong Lack of sensitivity of frontline workers towards cases of same-sex domestic violence
Help lines are not LGBT-friendly
Lack of promotion of the help lines within the local LGBT community
The only shelter house that caters for gay men and pre- op trans women is always full. Some victims cannot enter though in crisis situation. India Corruption
Family control over freedom of survivors
Survivors’ fear of loss of social status within kinship and caste (if seeking intervention)
Lack of sensitisation towards women and VAW issues
No awareness campaign or advertisements in local media or in common places to publicise the availability of shelter homes.
Certain rules and reputation of shelters (e.g. male children above eight are separated from the mothers and shelters are seen as places for fallen women) may hinder women’s willingness to take up the services. (In Gujarat three shelter homes have been shut down due to low rate of occupancy, that may be attributable to these factors)
Shelter units are more like custodial institutions and in located within unsafe environments. Rape victims have been reportedly kept in jails for safety as there are no appropriate/safe shelters.
The remoteness of some areas in the country causes the government services to be inaccessible to victims living there
Lack of check and balances and accountability for the services
Delay in court processes cause victims to incur high cost without certainty of justice
Criteria for eligibility to legal aid not clear to victims.
Quality of legal aid and public prosecutors is a concern
Lack of human resources for implementation of various legislation and programmes
Lack of funds to implement measures
General insensitivity amongst government agencies towards issue of VAW
Counselling services are very expensive and few. There is very little understanding of mental health problems in relation to VAW. Indonesia Lack of human resources for the integrated service There are some positive cases of centres coordination between NGO and the governments. Information about services are still not very widespread There are positive evidence of the application Services are still not accessible to survivors in rural and implementation of Law No.23 of 2004 on areas and government has not allocated sufficient the Elimination of Domestic Violence at budget to establish the services in these areas. different levels of governments (especially provincial and local and in some cases, district).
The “socialisation” or promotion of this law also encourages survivors to come forward and report their cases.
There is an encouraging development of community members championing the issues of VAW within their communities.
Mongolia Lack of awareness amongst government agencies about the existence of VAW problem.
Most of the services are town-centric and women from rural areas are hardly aware of the services available in the districts.
Survivors’ fear of repercussions if seeking state intervention
Survivors’ fear of stigma in society if seeking help in the open.
Government’s lack of attention to women’s rights issues
Philippines Lack of widespread provision of VAW information and Increased internet technology may make services information more accessible.
Availability of services according to areas. Services not available in remote areas. Multi-media exposure of services
Such services are not in government’s priority.
Attitude and perception of society about women and women’s issues contribute to the lack of understanding about VAW. VAW is still seen as private matter. The constant exclusion of women’s varied experiences, and the society’s continued failure to recognize the serious and multi-faceted nature of violence against women, promotes a culture of impunity, undermining and rendering invisible the experiences of women and impeding their access to these services.
Quality of interpersonal communication of service providers may impact access to women.
The current responses to violence against women being confined to elements of the crime and to laws of procedure and evidence and refusing to delve into the realm of women’s real concern vis-à-vis the political, economic, and cultural aspects of access to justice. Solomon Services are few and far between and are not Islands accessible to the majority of people who live in rural areas in Solomon Islands
Transport and communication is a problem
Taiwan Rural areas may not get services compare to the cities.
Some women have lost trust in the government and may not access the services
The attitude of some judicial officers that emphasises on reconciliation (even putting it as a condition in giving protection orders) prevents women’s unconditional access to services.
Table 13: The immediate availability of the intervention by the police in response to allegations of VAW
Interventions Available Not available Not sure Frequency % Frequency % Frequency % Police can accompany victim/ 32 60.4 12 22.6 8 15.1 survivor to retrieve belongings Police have authority to expel or 27 50.9 22 41.5 3 5.7 remove perpetrator from premises Quick response time 15 28.3 33 64.7 3 5.7
Table 14: The immediate availability of the intervention by the prosecution in response to allegations of VAW
Interventions Available Not available Not sure Frequency % Frequency % Frequency % Coordination between prosecutors 17 32.1 27 50.9 8 15.1 and other agencies Quick turnaround in applying for 15 28.3 31 58.5 6 11.3 protection orders
Table 15: The immediate availability of judicial intervention in VAW cases
Interventions Available Not available Not sure Frequency % Frequency % Frequency % Order of temporary custody of 35 66.0 10 18.9 5 9.4 children by victim/ survivor Restraining and/ or expulsion order 33 62.3 13 24.5 4 7.5 against perpetrator Order for perpetrator to undergo 27 50.9 16 30.2 6 11.3 intervention programmes Prompt availability of protection 17 32.1 27 50.9 7 13.2 orders Order of exclusive use of family 16 30.2 25 47.2 9 17.0 assets by victim/ survivor
Table 16: The immediate availability of intervention by the medical and social services
Interventions Available Not available Not sure Frequency % Frequency % Frequency % Quick and effective medical 22 41.5 26 49.1 5 9.4 attention Emotional, psychological assistance 12 22.6 32 60.4 8 15.1 On scene social services 22 41.5 21 39.6 7 13.2 assistance Table 17: List of factors communicated by or complained about by victims to NGOs
Factors Exist Not exist Not sure F % F % F % (F= frequency) Fear of repercussions from perpetrator 50 94.3 1 1.9 1 1.9
Negative financial consequences 48 90.6 1 1.9 3 5.7
Lack of confidence in police 47 88.7 1 1.9 3 5.7
Lack of confidence in judiciary 47 88.7 2 3.8 2 3.8
Social stigma 45 84.9 4 7.5 2 3.8
Fear loss of housing 44 83.0 7 13.2 1 1.9
High cost of legal action 42 79.2 6 11.3 4 7.5
Lack of support of extended family 43 81.1 3 5.7 4 7.5
Lack information on options 42 79.2 3 5.7 3 5.7
Fear loss of child custody 40 75.5 8 15.1 3 5.7
Negative legal consequences 34 64.2 14 26.4 3 5.7
Non-availability of VAW services/NGOs 31 58.5 16 30.2 4 7.5
Act not legally recognised as crime 31 58.5 19 35.8 2 3.8
Absence of mediation 27 50.9 21 39.6 2 3.8
Fear of deportation 22 41.5 17 32.1 9 17.0
Table 18: Factors that have deterred women from seeking help
Factors N Mean Lack confidence in judicial process 51 4.02 Lack confidence in police 51 4.00 Social stigma 47 4.00 Negative financial consequences 49 3.98 High cost of legal action 49 3.94 Fear loss of child custody 44 3.93 Fear repercussions from perpetrators 49 3.88 Fear loss of housing 45 3.84 Lack of information on options 46 3.72 Lack support of extended family 49 3.45 Act not legally recognised as crime 43 3.51 Non-availability of VAW service providers 43 3.40 Fear deportation 32 3.38 Negative legal consequences 41 3.32 Absence of mediation 41 3.17
Table 19: Level of agreement to responses of government in cases where victim/survivor is unable or refuses to continue with prosecution
Level of agreement Government’s response N Mean* Proceed with prosecution but excuse the victim/ survivor from testifying 49 3.31 Provide mediation or alternative dispute resolution processes to the victim/ 49 3.22 survivor Enforce mandatory no-drop policy 50 2.96 Drop prosecution 51 2.51 Punish victim/ victim survivor (e.g presumed to have lied in her complaint) 49 1.88 Deny protection under the law to the victim/ survivor for failure to cooperate 48 1.79 Prosecute the victim/ survivor for failure to cooperate 49 1.45
*Based on a score of 1 (strongly disagree) – 5 (strongly agree).
Table 20: Presence of certain attitudes and sentiments amongst police, prosecutor and judiciary officials in cases of VAW
Police Prosecutor Judiciary Sentiments N Mean* N Mean* N Mean* Overall mean* Preference to 'talk it out' with 50 3.94 50 3.22 48 3.29 3.48 perpetrators
Need to protect the institution 50 3.80 50 3.42 50 3.48 3.56 of the family
Tolerance of VAW 50 3.02 50 2.94 50 2.84 2.93
Blaming the victim/ survivor 51 3.49 51 3.08 50 2.96 3.18 Overall Mean 3.56 3.17 3.14
*Based on a scale of 1 (“does not accurately represent at all”) – 5 (“very much accurately represent”). A mean score of 3 is a neutral score.
Table 21: Forms of punishments for different types of VAW
Types of Typical Other Typically Whether punishment VAW punishment punishment Imposed by: commensurate with crime N Mean* Rape Multiple-terms Compensation Court 40 3.08 imprisonment Life imprisonment Death Fine
Rape in times Multiple-terms Death penalty Court 17 2.71 of war/ conflict imprisonment Fine Life imprisonment
Sexual assault Multiple-terms Compensation Court 36 2.50 imprisonment Social services Fine order
Domestic Multiple-terms Fine Court 37 2.11 violence imprisonment Informal Police intervention (e.g. Statutorily police discussion appointed with husband) agencies Mandatory attendance at prevention/ rehabilitation programmes Mediation
Trafficking Multiple-terms Death penalty Court 32 2.91 imprisonment Life Imprisonment Fine Compensation
Sexual Multiple-terms Disciplinary action Court 32 1.91 harassment imprisonment (including warning) Workplace Fine Social service authority order Compensation
Forced Multiple-terms Nullity of marriage Court 9 2.05 marriage imprisonment order Fine Warning Preventive order
Child marriage Multiple-terms Nullity of marriage Court 21 2.24 imprisonment Compensation Fine Marital rape (Unpunished due Multiple-terms Court 23 2.31 to absence of law imprisonment or where law in Fine existence, yet to Social service be implemented) order Preventive order
Female genital (Unpunished due Administrative Court 9 2.78 mutilation to absence of law) order prohibiting Government’s Imprisonment the practice health Fine agencies Compensation
Disfiguring Multiple-terms Death penalty Court 26 2.85 attacks imprisonment Compensation Fine *Based on a scale between 1 and 5 with 1 representing highest disagreement and 5 highest agreement.
Table 22: The adequacy of typical punishments for each types of violence
Types Prevent Rehabil Deter others of VAW recidivi itate sm perpetr ator Mean t-value Sig. Mean t-value Sig. Mean t-value Sig.
Rape 2.41 12.23 .000 2.08 23.52 .000 2.15 10.79 .000
Rape in times of 2.33 7.45 .000 2.00 6.73 .000 2.29 6.96 .000 war/ conflict Sexual assault 2.08 11.61 .000 2.03 13.29 .000 2.03 11.83 .000
Domestic violence 2.08 12.20 .000 2.00 11.57 .000 1.87 11.29 .000
Trafficking 2.38 12.30 .000 2.00 10.87 .000 2.18 11.37 .000
Sexual 2.15 11.94 .000 1.88 10.25 .000 1.87 10.51 .000 harassment Forced marriage 2.20 8.90 .000 2.10 8.77 .000 2.05 8.00 .000
Child marriage 2.33 8.97 .000 2.04 8.91 .000 2.09 7.97 .000
Marital rape 1.36 9.08 .000 1.68 8.89 .000 1.83 8.92 .000
Female genital 2.5 5.75 .000 2.33 6.205 .000 2.46 5.18 .000 mutilation Disfiguring attacks 2.84 12.42 .000 2.28 12.18 .000 2.36 10.97 .000
Overall Mean 2.24 2.03 2.10 Table 23: Rehabilitative punishments provided and should be provided for perpetrators of VAW
Forms of punishment Provided Not provided Should be provided Shouldn’t be provided F = frequency F % F % F % F % Counselling 24 45.3 16 30.2 43 81.1 0 .0 Rehabilitation 16 30.2 22 41.5 39 73.6 2 3.8 Support group 14 26.4 23 43.4 39 73.6 1 1.9 Community service 14 26.4 25 47.2 40 75.5 1 1.9 Anger management 11 20.8 30 56.6 42 79.2 3 5.7
Table 24: Redress availability to victims/survivors of VAW
Group Yes No Not sure F % F % F % Physical harm 34 64.2 14 26.4 0 0.0 Cost of children 30 56.6 14 26.4 3 5.7 Medicine 28 52.8 16 30.2 2 3.8 Legal and expert 25 47.2 19 35.8 2 3.8 Mental harm 24 45.3 19 35.8 4 7.5 Material damage 20 37.7 40 45.3 2 3.8 Psychological/mental services 19 35.8 20 37.7 6 11.3 Moral harm 17 32.1 22 41.5 7 13.2 Lost opportunities 17 32.1 26 49.1 4 7.5
Table 25: Who bear the cost of the processes of redress?
Processes Own Free Legal aid Both Own & legal aid F= frequency F % F % F % F % Victim compensation 2 11.8 2 11.8 4 23.5 1 5.9 scheme Truth and reconciliation 4 50.0 2 25.0 0 0.0 1 12.5 tribunals Not legally sanctioned 3 37.5 3 37.5 0 0.0 0 0.0 community and religious councils and tribunals Court action for civil 10 33.3 3 10.0 10 33.3 6 20.0 remedies Administrative tribunals 3 33.3 0 0.0 0 0.0 1 11.1 Redress granted during 5 27.8 4 22.2 5 27.8 1 5.6 criminal tribunals Legally sanctioned 3 23.1 6 46.2 0 0.0 0 0.0 community and religious councils and tribunals Vigilante community justice 1 11.1 3 33.3 1 11.1 0 0.0 Total 31 27.7 23 20.5 20 17.9 10 8.9
Table 26: The most important redress for different types of harm/loss
Forms of redress: Monetary Apology Promise Disclosure of Restitution Symbolic Punish (%) (%) to cease truth (%) tribute perpetrator Type of harm/loss (%) (%) (%) (%) Physical harm 64.7 21.6 43.1 15.7 23.5 2.0 82.4 Mental harm 51.0 31.4 37.3 23.5 29.4 5.9 60.8 Lost opportunities 84.3 15.7 13.7 23.5 52.9 5.9 35.3 Material damage 86.3 13.7 17.6 13.7 51.0 3.9 45.1 Moral harm 43.1 56.9 21.6 49.0 23.5 7.8 41.2 Legal and expert 80.4 2.0 5.9 23.5 29.4 0 27.5 Medicine 80.4 2.0 7.8 23.5 29.4 3.9 19.6 Psychological/mental 72.5 11.8 11.8 13.7 29.4 3.9 21.6 services Cost of children 76.5 7.8 17.6 13.7 35.3 3.9 41.2 Table 27: The effectiveness of the available restitutions for acts of VAW in restoring the losses to victim/survivor of VAW
Types of losses Level of effectiveness N Mean t-value Sig. Citizenship 32 2.72 11.199 0.000 Liberty 40 2.73 11.887 0.000 Reintegration into communal and family life 38 2.68 12.560 0.000 Economic loss 40 2.60 12.679 0.000 Social standing 39 2.64 12.068 0.000 Property and place of residence 40 2.46 12.262 0.000 Employment 40 2.33 11.073 0.000 Table 28: Existing measures and practices in dealing with VAW and proposed best practices, by country COUNTRY EXISTING MEASURES AND PRACTICES PROPOSED BEST PRACTICES
Bangladesh Domestic Violence (Protection and Prevention) Act Multi-sectoral Programmes on Violence Against Women 2010 (ongoing).
Anti-Dowry Prohibition Act 1980 Victim Support Centres – provide emergency support to survivors, and more sensitive police responses Women and Children Repression Prevention Act 2000 Awareness raising programmes for government officers on Prevention of Oppression against Women and domestic violence with extensive follow- up Children Special Act 2003 Micro-financing the hard-core poor women in rural Penal Code 1860 (s.375 on rape) Bangladesh with very minimal interest and long repaying time in order to make self-sufficient (ongoing). Legal aid is available in VAW cases Increasing the literacy rate of girls (ongoing) [to educate on Multi-sectoral programmes (legal, counselling) rights and prevention].
Trauma Counseling Centre for psychosocial treatment [Proactive programmes that promote] attitudinal change and services for victims and cultural reforms [especially in relation to] religious misinterpretation about relationship between men and Awareness activities through Religious Leaders in the women relationship and the detrimental perception about community their roles in society.
Awareness activities through Union Parishads (smallest rural administrative and local government units)
Economic Empowerment Program for Women for rural area
Government has district and upazila level VAW prevention committee comprising different type of stakeholder
Ministry of Women and Children Affairs - two help lines are open 24/7 for constant support.
Fiji Zero tolerance violence-free committee (police A coordinated national action plan of systematic identifies committee and then the Department of awareness-raising Women conducts training on legal awareness and economic empowerment) Mainstreaming education on equality, citizenship, violence, gender, laws and human rights [by involving multiple such as the education sector, private organisations, media, communities and individual women and men].
[Programmes leading to] attitudinal change [that target sections of society from different ages]
Increasing women’s political, economic and public participation. Due to the highly militarized and patriarchal State
Hong Kong CEASE Crisis Centre: A centre of one-stop service to Emulate Domestic Abuse intervention Project in Duluth, sexual violence. It consists of a shelter and hotline for USA in the development of coordinated community domestic violence victims and other crises. This is the response to domestic violence, particularly the pro-arrest only shelter that accepts men and pre-op trans policy. women. This centre also does some DV awareness raising program for same-sex couples. Awareness raising program targeting women who love women within the local lesbian community is necessary, The department of social welfare runs a hotline for which is now not funded by local government. (DV rate is people encountering domestic violence. high amongst lesbian couples but a very low number of survivors reach out for help due to fear of prejudicial Harmony House: Sexual-orientation-friendly domestic treatment by service providers). violence service provider. It consists of hotline, shelter and counselling services for victims and perpetrators Provision of adequate shelter that can accommodate the [but not all of the services are directly funded by number of complaints of VAW government]. Training for the frontline workers and police about the The government has a community-message-against- sensitivity on people of different sexual orientations and domestic-violence programme which is shown in gender identities is also important. (There are still public transport system and on TV. complaints about frontline workers and police not regarding domestic violence of same sex couples as domestic violence, thought there is legislation since 2010).
India Protection of Women from Domestic Violence Act Gender Resource Centres (ongoing) 2005 Free legal aid Certain sections of the Indian Penal Code put the onus on the husband’s family if a woman dies in Special courts for domestic violence cases suspicious circumstances during the first few years of marriage. A similar onus is placed on the accused if it Establishment and implementation of right of occupation of is a custodial rape. DV survivors to matrimonial residence (regardless of title of property) Gender Resource Centre provides training and legal support and empowers women and adolescents One-stop crisis centres wherein women can receive through legal aid, livelihood options and educational mental, physical, and legal support in the aftermath of an opportunities. incident
There are special cells created at the police stations Awareness programme and putting VAW high on agenda where any woman who has encountered violence of all levels of governance (municipalities, village can not only lodge a complaint but also be counselled panchayats, town planners and elected representatives). It by social workers. is only when women’s safety becomes part of the physical planning process and a responsibility of contemporary UJJAWALA: A Comprehensive Scheme for opinion makers (the elected representatives) that action Prevention of Trafficking and Rescue, Rehabilitation against VAW will yield impact. and Re-integration of Victims of Trafficking and Commercial Sexual Exploitation. Adequate shelter homes
SABLA- Scheme for the empowerment of adolescent Encourage formation of strong peer groups amongst the girls. The basic objectives of the scheme are to enable women to provide support to each other self-development and empowerment of adolescent girls, improvement in their health and nutritional Maintaining a data base of VAW and response status, spread awareness about health, hygiene, mechanisms of service providers, including the police and nutrition, adolescent reproductive and sexual health, the judiciary. This information should then feed into state family and child care. The programme also aims at and national legislatures for allocation of resources, upgrading their home-based skills, life skills and formulation of schemes and policies vocational skills. The project will also include bringing back the out-of-school adolescent girls under the Public messages that condemn VAW, sexuality education ambit of formal and non-formal education. The programmes in schools, financial and political support adolescent girls will also be guided about the existing given to initiatives that challenge cultural norms that project public services, such as primary health centres, post women as second class citizens. offices, banks, police stations and others. Equal inheritance for male and female children in the National and state commissions for women parental property – this should be a right irrespective of the status of marriage of the parents At the state (Gujarat, India) level the government has a program which was earlier called family counselling Healthy relationship workshops in schools and colleges centres. While it discouraged litigation or breakup of family it was focused on the issue of domestic Programmes that provides equal opportunity and equal violence against women. In recent times these have participation for women in every sphere will bring down been converted into multi-purpose women’s centres VAW aimed at broad empowerment including the issue of VAW88.
88 According to the respondent, this change has led to loss of focus and expertise within these centres. “The support provided tends to remain as per provisions of the scheme and not what the woman needs. A lot of activities are taken up as specified in the scheme and the most groups that are awarded the scheme are chosen for their political affiliations rather than expertise.” (Respondent X, from India). The government has established all- women police stations in the state of Tamil Nadu, India.
There are laws that specifically provide for compensation for the Dalit and tribal women in cases of VAW.
The Maharashtra State government has enacted a Government Regulation (GR) that required rural homesteads (living homes) to be registered on the basis of joint ownership of husband and wife. The couple must be legally married, co-habiting and in a heterosexual relationship.
Mahila Panchayat (a Panchayat, or an Assembly of five elders, who are women, where other women seek redress for private injustices, mostly domestic violence and sexual harassment). Compliance of judgement is gained through community influence and public shaming.
Indonesia A Minister’s Regulation for the empowerment of Engaging men and boys in programmes to eradicate VAW. women (Regulation No. 01 of 2006) was issued to provide coordination of programmes for women The government’s council on the Empowerment of Women is slowly showing successes in getting various Police Regulation (No. 10 of 2007) on the stakeholders to work together towards eradicate VAW Organisation and Procedures of the Women’s and Children’s Services Unit (UPPA) a circular (No. 659 0f Integrated Service Centres. 2007) on the establishment of Integrated Sevices Centres in hospitals and victims’ services in UPPA (Women’s and Children’s Services) [existing]. Community Health Centres (Pukesmas). Gender responsive budgeting that will allow for specific Establishment of centres for women and children improvement measures of women’s situation such as in survivors. This is part of the implementation of a policy education, health, economic and political places. of the Ministry of Women to offer Integrated Services with a set of minimum service standards that must be Sexual and reproductive health trainings for men and given to women and children victims of violence. women in the communities.
The “socialisation of laws” on domestic violence and Locally-contextualised media campaign. trafficking to community leaders and policy makers at local and district levels.
Establishment of national commission on violence against women
Gender mainstreaming programmes
Informational media messages; talk shows on radios that address VAW issues; posters and flyers on VAW
Women’s economic empowerment programmes
Mongolia Protection of Women from Domestic Violence Act Education at early age the importance of gender equality 2005 with a strong message that violence against women and girls must not be tolerated or accepted. National Action Plan on Commercial Exploitation of Women and Children 2005 and National Action Plan Teenage Relationship Abuse Campaign (to raise 2007 (both yet to have any implementation measure awareness of the issue of abuse in relationships; to change or budget allocated) attitudes that abuse in relationships is acceptable and to make victims feel more confident to report abuse and One of the preventative programmes, with support empower individuals, including boys, to play their part in from UN agencies, targets violent men and aimed to tackling the issues) provide counselling to influence behavioural change. Holistic community-wide mobilisation programs aimed at changing social norms on gendered power relations, gender stereotypes and the use of violence.
Education and training of frontline professionals (e.g. teachers, doctors, police and prosecutors), so that they are able to identify and deal effectively with violence against women and girls.
Government provides some support for shelter houses Strong accountability and capacity-building programs for (very limited in number) and is working to establish government staff at all levels and multidisciplinary one-stop-service centres (with support from UN approaches to stopping and preventing violence (with clear agencies) procedures and responsibilities)
Philippines Republic Act (R.A.) 9262 (Anti-Violence Against A comprehensive program challenging and modifying Women and Their Children Act of 2004) defines all gender stereotypes that perpetuate VAW would be forms of violence, provides measures and sanctions in effective in changing the very roots of VAW. This should be dealing with VAW cases. pursued, first and foremost, in the schools, in communities and in the media. VAW could be better addressed by To prevent trafficking, the government has established changing or eradicating the norms or belief system that means to intercept traffickers at ports. ‘justify’ gender violence.
Under the Anti-Violence Against Women and their Information Dissemination on VAW in the Barangays Children Act of 2002 (RA 9262) and Magna Carta of (smallest administrative division). Women Act of 2009 (RA 9710), all levels and agencies of the government are mandated to develop The establishment of Women’s Desk in every police station gender and development (GAD) programmes from their GAD budget which is at least 5% of their total To harness the full potential of the laws (Philippines has budget. These programmes include trainings and many), women and men should be educated on the spirit awareness-raising on VAW in the community as well and provisions of these laws. Women, especially, should as livelihood programs aiming to strengthen economic be aware of their rights and remedies, to empower them. empowerment of women. Women-empowerment or assertiveness-building Awareness-raising programs in government agencies, programmes through different fields of interest such as state universities and colleges, local government sports, gyms or associations. units, hospital-based women and children protection units
Gender and Development (GAD) Budget for each local legislative agency
Gender Program that advocate women's rights by Department of Social Welfare and Development (DSWD) during Women's day
Solomon A policy and action plan on the elimination of VAW89 The Oxfam Standing Together Against Violence program in Islands Solomon Islands is a good practice as it works strategically with policy makers, service providers and community-level stakeholders
Taiwan The Taiwan central government, in its Ministry of Programme about healthy relationship such as the Interior’s website (http://dspc.moi.gov.tw/lp.asp? programme conducted by the Taiwan Good Shepherd (GS- CtNode=558&CtUnit=94&BaseDSD=7&mp=1) provide TW) called “Non-Violence in social relationship” guidelines on dealing with violence against children such as how teachers could help children who “Help Self and Help Others” programmes (survivors who witnessed violence; how they should teach children to have received help continue to practice self-help and also call hotline 113 or to tell teachers about abuses. to embark on helping others by self-help support groups). These programmes are currently organised by an NGO. V-MEN campaign (campaign against VAW targeted at men) was organised in 2011, which aims to raise men’s consciousness about violence against women.
89 According to the respondent, the funding for the plan of action under this policy is unclear and there appears to be an expectation that NGOs will help in funding and implementing activities. The government provides booklets to newly married couple and foreign women who married Taiwanese men, which contains information on the hotline to call if they experience domestic violence. ANNEX 1
DUE DILIGENCE FRAMEWORK AND GUIDELINES STATE ACCOUNTABILITY FOR THE ELIMINATION OF VIOLENCE AGAINST WOMEN
Guidelines are critical to facilitate information analyses and increase accountability. They measure progress and achievements; improve decision-making for the management of ongoing programmes; achieve consistency between activities, outputs, outcomes and impacts; and identify the need for corrective or remedial action.
A. PREVENTION
Prevention includes government measures to thwart the occurrence of VAW. Good prevention programmes provide awareness of VAW and of information services and legal protection available post the incident. They also target underlying risk and causes of VAW and often include training and education campaigns.
1. Targeting Underlying Causes of VAW
Effective preventive strategies address underlying causes of VAW and seek to eliminate tolerance and acceptance of VAW while incorporating a human rights framework, exposing the relationship between gender inequality and VAW.
2. Transforming Society: Changing Mindsets and Modifying Behaviour
Effective preventive measures not only specifically target VAW but also aim to transform social perceptions, attitudes and behaviours that cause, support and tolerate VAW. They must be aimed at changing mindsets and modifying behaviour to reject VAW, its justifications and excuses. These are embedded in gender inequality, gender discrimination and negative socio-cultural-religious perceptions of women that reinforce hegemonic notions of masculinity and femininity and the institutions that propagate them.
3. Eliminating Risk Factors
Preventive programmes must challenge negative socio-cultural norms and those that support male authority and control over women and sanction or condone VAW. Strengthening women’s economic and legal rights and eliminating gender inequalities in access to formal wage employment and secondary education would lay concrete foundations in preventing VAW.
4. Providing Outreach and Ending Isolation
The availability of a social network increases women’s autonomy and their ability to seek support and assistance to stop the violence. Outreach programmes that can end the isolation of and remove the stigma suffered by victims/survivors are required. Society must also be involved in the struggle against VAW, to imbue a sense of vigilance against and a willingness to show disapproval of the same.
5. Broadening the Scope of VAW Programmes
Stereotyping and gender roles are learnt from an early age. It is important that preventive programmes address different forms of VAW and target all stakeholders and beneficiaries. Success can be evaluated by verifying if governments’ preventive programmes have benefitted intended target groups.
6. Formulating Comprehensive Laws and Constitutional Guarantees
Enacting holistic and comprehensive legislation is critical to States assuming accountability for VAW. It is through laws that the necessary components of due diligence and implementing measures are articulated. Competent implementation and enforcement is an effective prevention strategy, particularly if perpetrators are certain that their actions will not go unpunished.
7. Collecting Data and Designing Programmes
Preventive programmes must be based on comprehensive, reliable data on prevalence, causes and consequences of VAW. Data collection is important for shaping VAW interventions; data can provide insights to shape prevention measures and monitor and assess prevention programmes.
8. Incorporating Intersectionality and Providing for At-risk Groups
VAW does not affect all women equally. Certain groups of women are more vulnerable than others or face greater challenges in accessing the State’s laws, programmes and processes.
9. Maintaining a Sustained Strategy
A sustained strategy is ideally institutionalized and not a seasonal response. It should involve actions across different environments that target local communities, workplaces, schools and faith institutions; working with individuals or families is also crucial. Mechanisms to monitor implementation, including qualitative surveys to ascertain the prevalence and forms of violence, could further ensure that such strategies remain current and effective.90 NAPs and institutional mechanisms are considered good sustained strategies.
10. Collaborating with Women’s/Feminist Organizations
Women’s mobilization over VAW has brought VAW out from the private sphere where the law and culture had set up justifications for State non-intervention to stop VAW. While States bear the obligation to end VAW, cutting-edge research and strategies are often undertaken by civil society experts and organizations. Collaboration between States and the women’s movement has undoubtedly strengthened and will continue to strengthen the struggle to end VAW.
B. PROTECTION
Protection against VAW focuses on avoiding the recurrence of further violence and ensuring that victims/survivors receive adequate and timely services. This is sometimes called secondary prevention. It includes the availability and accessibility of services such as hotlines, shelters, medico-psycho social services and protections orders. It also includes adequate training and sensitization of first responders.
1. Ensuring Availability of and Accessibility to Coordinated Support Services
Medical (including psychological) interventions and social support are essential in protecting victims of VAW. Coordinated and multi-sectoral support services offer women options to stop the violence; prevent its recurrence; understand, address and challenge the factors responsible for it; treat the trauma (mental and physical) and provide short-, medium- and long- term measures to transition out of the violent situation and re-build lives.
2. Ensuring Availability of and Accessibility to Protection Orders
Laws that facilitate protection or restraining orders to help women escape violence underscore their right to live free from violence. Such laws must define VAW broadly and should be applied immediately upon occurrence of VAW. Protection
90 For example, Morocco and Azerbaijan. orders should protect victims/survivors from further violence while allowing them to continue their daily routines with as little interruption as possible, including staying in their homes (if desirable), continuing to work, taking their children to school and using vehicles.
3. Upholding the Duties of First Responders
On learning of any occurrence of VAW, the police, medical personnel and other first responders must act swiftly and immediately to comply with their due diligence obligation. Their ability to respond urgently and in a specific manner greatly reduces the risk of further harm to victims/survivors and inspires confidence in the system’s ability to arrest VAW.
4. Fostering Positive Attitudes and Sensitization through Sustained Training
It is crucial to equip first responders with skills to effectively intervene in cases of VAW. These skills include assessing risks for victims, identifying early signs of violence before it escalates and conducting coordinated risk assessment of the crime scene before adopting protective measures.
5. Implementing a Multi-sectoral Approach and Coordinating Services
The delivery of protection services provided by the government is enhanced through multi-sectoral approaches with coordinated responses and delivery of services. Swift action by the police, medical and social services as soon as a case of VAW is reported helps victims/survivors deal with the legal process and increases prosecution rates.
C. PROSECUTION
Prosecution refers to the duty of exercising criminal jurisdiction over those responsible for human rights abuses. Steps must be taken to ensure that the prosecutorial process is as non-traumatic for victims/survivors as possible. Investigation refers to the duty of undertaking effective action to establish the facts related to a VAW incident. This duty must be exercised in an effective, prompt, impartial and thorough manner.
1. Addressing Victims’ Needs and Fears
Effective State measures respond to VAW as a crime and a violation of human rights. Investigators and prosecutors should be able to take into account the perceptions, needs and desires of victims/survivors and the State’s need to enforce law and order, eliminate VAW and comply with its international and, where applicable, constitutional obligations to guarantee fundamental liberties.
2. Developing Policies to Reduce Attrition
The conversion rate from reporting VAW to conviction of perpetrators is low because of victims’ fear of repercussions and retribution; negative experiences with the legal process; negative social perceptions and bias; inefficient prosecution and unprofessional conduct. States should adopt adequate measures to address these factors without diminishing the integrity of VAW victims/survivors.
3. Ensuring the Police Provide Positive Early Victim/Survivor Engagement
Positive and early engagement with the police and special VAW units may encourage victims/survivors to take action to stop the violence. Speed and quality of police intervention is crucial in engendering confidence in the legal process.
4. Establishing the Affirmative Duty to Investigate
Investigation is critical in cases of VAW ‘as deficiencies often prevent and/or obstruct further efforts to identify, prosecute and punish those responsible’.91 The obligation to investigate human rights violations is one of means rather than results.92 States must adopt effective measures to ensure that legal remedies and procedures are accessible to victims/survivors of VAW and authorities act within a legal framework where due process guarantees, for victims and perpetrators, are respected.
5. Establishing the Affirmative Duty to Prosecute
a. Ensuring Fair Burden of Proof and Evidentiary Standards
The prosecutor has the right to decide on whether to proceed with prosecuting a ‘minor’ offence. Otherwise reasonable, this discretion is problematic in cases of domestic violence, which often consists of repetitive offences that may be considered ‘minor’ on their own.
b. Ensuring Sensitivity to Confidentiality and Privacy Issues
Women who decide to report violence often have to deal with harsh treatment, long delays in court hearings, and practices such as the release of identifying particulars (especially in child sexual abuse or mass rape during conflict) that are humiliating and dangerous. States must institute procedures that protect the privacy of women from public disclosure or overly harsh treatment during the investigation and prosecutorial process.
c. Providing Legal Aid and Support
Legal advice and free legal assistance are rights and not privileges afforded to those in need and victims/survivors of VAW in particular have the right to legal advice and free legal assistance.
d. Reducing Delay at Every Level of the Prosecutorial Process
Systemic delay is another primary reason for the low conviction rate in cases of VAW. States should establish measures to check delay and expedite the prosecution of such cases.
6. Fostering Confidence in the Police and Judiciary
Police and prosecution offices play pivotal roles in determining the outcome of formal intervention in cases of VAW. Decisions to investigate and prosecute and the manner of investigation and prosecution affect the confidence victims/survivors place in the criminal justice system, shaping their participation in its success.
7. Establishing Specialized Prosecutors and Courts
Conventional courts and justice systems are not necessarily knowledgeable about VAW. States should establish specialized police units, prosecutors and courts (or judges) to work exclusively (or primarily) on VAW. When staffed with trained personnel and supported by adequate funding, such units can provide a more conducive environment for women to seek legal recourse.
8. Considering Alternative Dispute Resolution (Mediation/Conciliation)
Mediation, restorative justice and other alternative approaches to adjudicating GBV remain sources of opportunity and concern. Mediation should not be made available for grave and serious offences or with the aim of exculpating perpetrators, such as allowing them to pay off or marry rape or abduction victims/survivors. If victims/survivors are emotionally stable, free from risks and coercion, and able to make an informed decision and mediators receive proper training, mediation can be a viable option, especially since prosecutorial processes are often long, expensive and traumatic.
91 IACHR, The Situation of the Rights of Women in Ciudad Juárez, Mexico: The Right to Be Free from Violence and Discrimination. OEA/Ser.L/V/II.117, Doc. 44, 7 March 2003, para. 137. The investigation also serves other purposes, for example, to ascertain the right to truth. The IACHR has written that any victim of a violation of human rights is entitled ‘to obtain clarification of the events that violated [his or her] human rights and the corresponding responsibilities from the competent organs of the State, through the investigation and prosecution (…)’. IACHR, Case of Barrios Altos v. Peru. Judgment of 14 March 2001. Series C No. 75, para. 48. 92 Rosendo-Cantú et al. v. Mexico, supra note 238, para. 175). 9. Ensuring that Plural Legal Systems Align with International Human Rights Norms and Standards
Countries must ensure that customary or religious legal systems are interpreted to meet contemporary and changing dynamics, values and challenges. ‘[I]t is important that States strongly condemn violence against women and refrain from invoking any custom, tradition or religious consideration to avoid their obligations.’93
10. Developing a Multi-sectoral and Multi-agency Approach
Close collaboration between specialized prosecutorial offices, the police and medical/health service providers, including trauma and VAW specialists, show increased prosecution rates.
D. PUNISHMENT
Punishment refers to the obligation of imposing a sanction on perpetrators as a consequence of their having committed VAW. Sanctions can be civil, criminal, administrative or ‘other’ (e.g. community or social sanctions) and at minimum, must ensure negative consequences for perpetrating VAW.
1. Holding Perpetrators Accountable: Certainty of Punishment
Punishment is a mechanism by which States ensure that those who commit violence face its consequences, thereby facilitating women’s realization of the right to be free from any acts of violence. Holding perpetrators accountable for VAW is fundamental to the principle of punishment: it creates a level of predictability and certainty, suggesting that perpetrators will have to answer for VAW. Failure to do so sends the message to society that VAW is both tolerated and tolerable.
2. Ensuring Punishment is Commensurate with Offence
Holding perpetrators accountable for VAW is fundamental to the principle of punishment as it creates a level of predictability and certainty and sends the message that VAW is not tolerated or justifiable. States must also enact laws that establish sanctions commensurate with the severity of the offence (including aggravating factors) and meet international standards.
3. Meeting the Goals of Punishment: Preventing Recidivism, Rehabilitating Perpetrators and Deterring Others
Punishment should prevent recidivism, rehabilitate perpetrators, prepare them for reintegration and deter others from committing similar offences. Sentences that do not meet these goals foster recidivism and a sense of impunity, normalizing VAW in our collective imagination and resulting in its re-enactment in our daily lives.
4. Broadening the Available Punishment Regime beyond Incarceration, Where Appropriate
Incarceration appears to be the most common form of punishment for all forms of VAW. Sometimes, however, it may not be the only ‘punishment’ sought or preferred by victims/survivors. Although many advocates have mixed reactions to alternatives, they generally agree that these deserve consideration. Where appropriate, States could consider laws that allow judges to impose other punishments in addition to or (more rarely) instead of incarceration, provided that the safety and security of victims/survivors can be guaranteed.
5. Ensuring Punishment is Premised on the Principle that VAW is Not Justifiable/Excusable
Punishment focuses on making perpetrators accountable for their actions. Due diligence in punishment focuses on perpetrator accountability and is premised on perpetrators being held responsible and, therefore, liable for their actions. States should ensure that punishment is premised on VAW not being justifiable or excusable.
93 A/RES/61/143 dated 30 January 2007, United Nations General Assembly resolution 61/143 of 2006, para 5. E. PROVISION OF REDRESS AND REPARATION FOR VICTIMS/SURVIVORS
Redress and reparation imply any form of remedy or compensation made available to victims/survivors of VAW to address the harm or loss suffered by them. Reparation measures aim to eliminate or mitigate the effects of the violence committed. This could take different forms, from monetary compensation and apology to symbolic reparations.
1. Adopting a Victim/Survivor-oriented Perspective
Reparations must fit women’s needs. Women’s participation and perspectives can help shape, monitor and evaluate reparation schemes that best suit their living situation and needs. This process can empower victims/survivors. States should take a broader view of harm. States could go beyond the narrow focus on monetary compensation and punishing perpetrators as an adequate remedy and offer victims/survivors diverse redress and reparation.
2. Ensuring Proportionality to Gravity of Harm or Loss Suffered
Reparations should be related to the violations suffered, facts of each case, gravity of violations and damage/harm/loss proven, and measures requested to remedy the same, with compensation provided for any economically assessable damage, as appropriate and proportional to the gravity of the violation. Satisfaction can include public apologies or other declarations intended to restore the rights, dignity and reputation of victims/survivors; disclosure of truth and verification of facts; symbolic tributes; sanctions against persons liable for violations and cessation of the violence.
3. Assuming Responsibility for Recuperating Reparation from Perpetrators
Victims who pursue compensation from perpetrators may be exposed to further risk and trauma from continued contact with them. Women might only rarely manage to obtain orders for compensation and even when they do, lack of enforcement mechanisms mean that perpetrators do not pay. States should ensure victims/survivors are compensated by assuming the responsibility for recuperating compensation from perpetrators.
4. Working towards Institutional Reform and Transformative Change
The effect of reparation should not only be restitution, but also rectifying underlying causal factors of VAW and discrimination. Reparations must aim to transform power relations inherent in structural discrimination to reformulate and transform relationships that fuel violence and exclusion, such as patriarchy and racism. They must include the State obligation to undertake institutional reforms, supported by adequate resources to effectively prevent the occurrence of VAW and put in place mechanisms that guarantee the investigation and punishment of VAW and reparation of victims. ANNEX 2
QUESTIONNAIRE TO CIVIL SOCIETY ON STATE OBLIGATION AND DUE DILIGENCE PRINCIPLE TO ELIMINATE VIOLENCE AGAINST WOMEN
BACKGROUND INFORMATION
Due diligence is an important international principle. In the context of violence against women (VAW), it denotes a State’s obligation to take ‘reasonable’ action to prevent VAW, protect victims/survivors from VAW, investigate and prosecute incidences of VAW, punish perpetrators of VAW and provide redress for victims/survivors of VAW. This obligation applies to the State although most instances of VAW are committed by non-State actors (individuals not acting on Governmental authority) and within the private sphere. The principal aim of the Project is to add content to the international legal principle of ‘due diligence’ in the context of State responsibility to eliminate VAW. The objective is to create compliance indicators that are concrete and measurable across regions.
ABOUT THE QUESTIONNAIRE As part of this research we are conducting interviews and undertaking surveys with civil society/ non-governmental organisations (CSOs or NGOs) which advocate against VAW, provide intervention services to victims/survivors of VAW or which mission or objectives include eliminating VAW. One of the Project’s primary research tools is this questionnaire. The questionnaire will be distributed to 6-10 CSOs/NGOs in approximately 30-40 countries. The questionnaire aims to look into existing State measures and challenges encountered by CSOs/NGOs in their work to eliminate violence against women. The questionnaire will also probe civil society on its perception of State action in discharging its obligation; the effectiveness of these actions; and how they can be improved. The findings of the report will be shared with Governments, inter-governmental organizations and civil society. We also propose to instrumentalize the findings into manuals, tool kits and training modules for practical application.
INSTRUCTIONS
We need your help to provide information about your experiences and knowledge of laws, policies, procedures and practices related to violence against women in your country. Unless otherwise stated, please answer the questions based on your organisational experience, opinion, perception or knowledge. There are no right or wrong answers. As such, there is no necessity to conduct research into academic writings, papers and books before answering the questions although you may look up data specific to your Government/country if it helps you to answer the questions. Please answer all questions as comprehensively as possible, providing links and additional information where possible. Where a box is provided, please tick or cross (√ or X) the box that corresponds with your opinion/answer. Where relevant, you may tick or cross (√ or X) more than one box.
If you are not sure of the answer to the question, or if you don’t know the answer to the question, please tick or cross (√ or X) “Not sure”. You may be contacted by our survey assistants should we require clarification on any of your answers. If you do not wish to be contacted, you may indicate that you do not wish to be contacted in question A12.
SUBMISSION OF QUESTIONNAIRES and DUE DATE
Responses to this questionnaire should be sent in electronic format to: CONTENTS As it is important to specify particular gaps, as well as good practices, we have organised this questionnaire according to the five areas mentioned above. We would also like some basic information about your work. A. Organisation Profile B. Prevention of VAW C. Protection from VAW D. Prosecution and Investigation of VAW E. Punishment of Perpetrators F. Provision of Redress to Victims/Survivors
CONFIDENTIALITY We assure you that your answers are treated in confidence and only aggregated data will be used in the final report, unless permission is specifically obtained from you for us to attribute any answers to your organisation. As this is a questionnaire addressed to CSOs/NGOs and not individual persons, we request that the person completing the questionnaire must have authority to speak on behalf of your organisation. You will also be asked if you wish us to keep your identity confidential and if you wish not to be contacted by us for further information or clarification. Please make sure you answer these questions i.e. questions A11 and A12.
TERMINOLOGY Good Practices : Practices that are effective and in addressing or impeding VAW and can be replicated. Government: The government of your country or the country in which your organisation is most active; acting either on its own behalf or acting through a government actor, such as the police. Governments include national, state/provincial and local governments as well as any Governmental entities. In international law, the acts or omission of all levels of Governments their agencies are imputed to the national Governments which are generally the party held responsible under international law. Such as the obligations under CEDAW (United Nations Convention on the Elimination of All Forms of Discrimination against Women) which is ratified by 187 countries. Government programmes and activities also include those funded by the Government but carried out by non-Governmental agencies. In this questionnaire acts of State or Government includes those of the legislature and judiciary. Helplines : Are telephone numbers which women are able to call when encountering VAW or threats of VAW when they are in need of services. Sometimes called hotlines. Non-state actor: Individuals whose actions cannot be imputed to the Government/State. This means the individual was not acting on the authority, apparent or purported authority or with the sanction of the Government/State. One stop centres : A location where the necessary services required by victims/survivors are provided. Doctors, medical personnel, police and counsellors are in attendance at this location. This will minimise the need for the victim/survivor to shuttle from the hospital to the police station and other agencies. Perpetrator : Person who commits VAW Recidivism : Habitual falling back into crime. Restitution : Restoration of loss suffered to the victim/survivor. State : See ‘government’ VAW or Violence against women: Any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life. Victim/survivor : The woman impacted by VAW or against whom VAW was committed.
WEBSITE Please see www.duediligenceproject.org for more information/clarification
A. ORGANISATIONAL PROFILE A1. Name of organisation : A2. Job position: (of person filling in form) A3. What year was the organisation founded? A4. Address of organisation [City, State (Province) and Country] : A5. Website and email address (if any): A6. This questionnaire is meant only for organisations working on issues related to violence against women. Is your organisation involved (whether fully or partially) in the following areas (please select one or more)? Areas of work a. Research b. Advocacy / c. Law reform d. Support e. Training Outreach services 1. Rape and sexual assault 2. Sexual harassment 3. Domestic violence 4. VAW in cultural-religious context 5. VAW in times of war/conflict 6. Trafficking 7. Female genital mutilation 8. Indigenous (tribal) women and VAW 9. Violence against girl children 10. Other (please describe) ______
A7. Does your organisation have programmes and activities in these areas? (please select one or more) Local National Regional International
A8. Does the Government reach out to/dialogue with civil society on VAW? Yes No
A9. Does the Government financially support your work on VAW? Yes, fully Yes, partially No
A10. Does your organisation monitor/assess (whether formally or informally) Government programmes on VAW? Yes No
A11. Would you like us to hold the name of your organisation confidential? (if you answer no, you are giving us permission to disclose your organisation’s name in our reports) Yes No
A12. Can we contact you should we require further information or clarification on any of your answers? Yes No B. PREVENTION
Prevention includes measures taken by the Government to impede VAW from occurring. Prevention programmes sometimes target perceived causes of VAW and often include awareness campaigns, training and education. B1. (a) Does the Government have prevention programmes that cover the following types of VAW? (b) If yes, please rate the effectiveness of the programmes (1=not at all; 5=very much). XX Note: The responses include both direct government prevention efforts and government funding to organizations.
Type of VAW (a) Programmes exist? (b) IF YES, please rate effectiveness (1=not at all; 5=very much) Yes No Not sure 1 2 3 4 5 1. Domestic violence 2. Sexual harassment 3. Rape and sexual assault 4. Abuse of girl children 5. VAW in times of war/conflict 6. Trafficking 7. Female genital mutilation 8. Disfiguring attacks (e.g. splashing acid) 9. Child marriage 10. Forced marriage
11. Other (please specify): ______
B2. (a) Does the Government have VAW prevention programmes targetted toward the following groups/entities? (b) If yes, please rate the effectiveness of the programmes (1=not at all; 5=very much). Target Groups Entities (a) Programmes exist? (b) IF YES, please rate effectiveness (1= not at all; 5= very much)
Yes No Not 1 2 3 4 5 sure 1. Police
2. Medical service providers 3. Community, religious or traditional leaders 4. Men and boys 5. Young children (ages 5-10) 6. Youths and teenagers (ages 11-25) 7. Teachers 8. Women 9. Minority/vulnerable groups (please specify) ______
10. Others (please specify) ______
B3. Do VAW preventive measures, where they exist, have specific provisions for the following groups? Groups Yes No Not sure 1. Migrant women 2. Women refugees and displaced women 3. Women from rural areas 4. Women with psychological difficulties 5. Women with chronic diseases 6. Women with disabilities 7. Women with minority sexual orientation 8. Other (please specify): ______
B4. (a) In your organisational experience, do the following factors increase the risk of VAW? (1=not at all; 5=very much); and (b) has the Government taken steps to address them? (a) Increased prevalence? (b) Addressed by Government? (1 = not at all; 5 = very much) 1 2 3 4 5 Yes No Not sure 1. Inadequate housing for family 2. Financial instability for family 3. A woman’s lack of economic independence 4. A woman’s low level of schooling and education 5. Negative cultural or religious perception of women 6. Gender inequality 7. Other (please specify) ______
B5. In your own words, please provide some additional information about two of your Government programmes on prevention of VAW?
1
2
B6. Please describe two programmes that in your opinion constitute good practices in prevention and the reason(s) why (whether or not they exist in your country).
1
2 C. PROTECTION
Protection keeps the victim/survivor safe from present harm. This includes avoiding the re-occurrence of further violence and ensuring the victim/survivor receives adequate and timely services. C1. We are interested in Government services available to women victims/survivors of VAW. For each of the services listed below, please indicate whether each is (a) available; and (b) IF YES, approximately how many exist nationally. (a) Available? (b) IF YES, approximately how many? Yes No Not sure Insert number Don’t know 1. One-stop centres: medical, police, and psychological/emotional assistance/support in one place 2. Counselling and support centres 3. Legal advice or legal referrals centres 4. Telephone help lines 5. Medical and health services centres 6. Rehabilitation services centres 7. Empowerment services centres 8. Creches or child care centres 9. Immediate, safe housing/shelters 10. Other (please specify): ______
(c) For each service answered YES above please indicate whether these services are accessible in terms of cost, public transportation, availability in rural areas and services provided in local languages/dialects. (b) Close to public (c) Available in (d) Local transport rural areas languages/dialect (a) Cost Yes No Not Yes No Not Yes No Not Yes No Not sure sur sur sure e e 1. One-stop centres: medical, police, and psychological assistance in one place 2. Counselling support centres 3. Legal advice or legal referrals centres
4. Telephone help lines 5. Medical and health service centres
6. Rehabilitation service centres 7. Empowerment service centres 8. Creches or child care centres
9. Immediate, safe housing (shelters) 10. Other (please specify): ______
C2. Please list two other factors that render any/each of the services listed above more/less accessible. 1 2 C3. Please indicate whether the following interventions are immediately available, by police/judicial/medical/social service personnel, in response to allegations of VAW? Yes No Not sure a. Police
1. Quick response time 2. Police have authority to expel/remove perpetrator from premises 3. Police can accompany victim/survivor to retrieve belongings 4. Other (please specify) arrest (e.g., violation of order of protection) ______b. Prosecution
1. Quick turn around time applying for protection orders 2. Co-ordination between prosecutors and other agencies (e.g. child protection services, medical officers) 3. Other (please specify) ______c. Judicial
1. Prompt availability of protection orders 2. Court can order exclusive use of family assets (e.g. car; social welfare subsidy cards) by survivor/victim 3. Court can issue restraining order and expulsion (removal from premises) order against perpetrator 4. Court can order temporary custody of children by victim/survivor 5. Court can order perpetrator to undergo intervention/prevention programme
6. Other (please specify) ______d. Medical
1. Quick and effective medical attention 2. Emotional, psychological assistance 3. Other (please specify) ______e. Social services
1. On scene social services assistance (e.g. child protection) 2. Other (please specify) ______
C4. Please describe two programmes that in your opinion constitute good practices in protection and the reason(s) why (whether or not they exist in your country). 1
2
D. PROSECUTION AND INVESTIGATION
Investigation and prosecution are actions taken by the Government when it knows of VAW incidences. It allows victims/survivors to take steps to try to stop VAW without fear of repercussions. D1. (a) In your organizational experience, do VAW victims/survivors complain of the following factors?; and (b) In your organizational experience, do the following factors deter a victim/survivor of VAW from seeking help (1=not at all; 5=very much)? (a) Complain? (b) Deter? (1=not at all; 5=very much) Y N Not 1 2 3 4 5 sure 1. Act not legally recognised as a crime 2. Lack confidence in police (timely intervention, efficient investigation) 3. Lack confidence in judicial process (duration of trial, re-living incident) 4. High cost of legal action 5. Social stigma/taboo associated with the act 6. Lack support of extended family 7. Negative legal consequences (e.g. victim may be punished if her allegation/case is not proven) 8. Fear repercussions from perpetrator 9. Lack information on options 10. Non-availability of VAW service providers/NGOs 11. Negative financial consequences (e.g. loss of spousal support) 12. Fear loss of child custody 13. Absence of mediation/non-criminal dispute resolution process 14. Fear loss of housing 15. Fear deportation Other (please specify) ______
D2. At times, VAW victims/survivors are unable or refuse to continue with prosecution of their case; Governments respond to this in different ways. Please rate the extent to which you agree with the following responses by Governments in the event the victim/survivor is unable or refuses to continue with prosecution (1=strongly disagree; 5=strongly agree) :
Government’s response (1=strongly disagree; 5=strongly agree) 1 2 3 4 5 1. Drop prosecution 2. Enforce mandatory no-drop policy 3. Proceed with prosecution but excuse the victim/survivor from testifying (i.e. prosecution is not dependent on participation of the victim/survivor) 4. Deny protection under the law to the victim/survivor (e.g. restraining order, asylum for trafficked women) for failure to co-operate 5. Prosecute the victim/survivor for failure to co-operate in the prosecution 6. Punish victim/survivor (e.g. presumed to have lied in her complaint) 7. Provide mediation or alternative dispute resolution processes to the victim/survivor 8. Other (please specify) ______D3. Please rate the extent to which the following sentiments accurately represent police and judicial responses when dealing with VAW (1=not at all; 5=very much) :- Police Prosecutor Judiciary Sentiments (1=not at all; 5=very much) (1=not at all; 5=very much) (1=not at all; 5=very much) 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1. Tolerance of VAW 2. Blaming the victim/survivor
3. Preference to “talk it out” with perpetrators
4. Need to protect the institution of the family
5. Other (please specify) ______
D4. Plural system (different laws which are applicable to different communities including religious and customary laws): Yes No Not sure a. Is there a plural legal system in your country? b. IF YES, … 1. is the religious/customary legal system legally recognised/sanctioned? 2. are acts of VAW typically harder to prove in the religious/customary legal system? 3. does the religious/customary legal system provide justifications for or condone VAW (e.g. husbands committing domestic violence)?
4. which group(s)/communities does the religious/customary legal system apply to? (please describe)
D5. Please describe two programmes that in your opinion constitute good practices in prosecution and the reason(s) why (whether or not they exist in your country).
1
2 E. PUNISHMENT
Punishment is something negative imposed on the perpetrator as a consequence of his/her having committed VAW. E1. For each type of VAW listed below, please (a) describe the typical punishment, if any; (b) describe who imposes the punishment (e.g. court, formal or informal tribunals); and (c) rate whether the punishment is commensurate with the crime (1=very lenient, 2=lenient, 3=commensurate, 4=harsh, 5-very harsh). (a) Typical punishment (b) Who imposes (c) Commensurate with crime (1=very lenient; 5=very harsh) Types (please describe) (please describe) 1 2 3 4 5 1. Rape 2. Rape in times of war/conflict 3. Sexual assault 4. Domestic violence 5. Trafficking 6. Sexual harassment 7. Forced marriage 8. Child marriage 9. Marital rape 10. Female genital mutilation 11. Disfiguring attacks (e.g. splashing acid) 12. Other (please specify) ______E2. For each type of VAW listed below, please rate whether, in your opinion, the typical punishment ordered by the court (that you inserted above) is adequate to (a) prevent recidivism (habitual falling back into crime by perpetrators) (b) rehabilitate perpetrators and (c) deter others from committing of offence (where 1 = not at all; 5 = very much). (a) Prevent recidivism (b) Rehabilitate perpetrator (c) Deter others Forms of VAW (1=not at all; 5=very much) (1=not at all; 5=very much) (1=not at all; 5=very much) 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1. Rape 2. Rape in times of war/conflict 3. Sexual assault 4. Domestic violence 5. Trafficking 6. Sexual harassment 7. Forced marriage 8. Early/child marriage 9. Marital rape 10. Female genital mutilation 11. Disfiguring attacks (e.g. splashing acid) 12. Other (please specify) ______
E3. To what extent, in your opinion, (a) do and (b) should the following defences influence sentencing (1=not at all; 5=very much)? Factors (a) Do influence sentencing (b) Should influence sentencing (1=not at all; 5=very much) (1=not at all; 5=very much) 1 2 3 4 5 1 2 3 4 5 1. Defence of provocation (e.g. ‘victim/survivor asked for it’) 2. Defence of honour
3. State of war/conflict
4. Other (please describe) ______
E4. In certain instances in plural/alternate/community forms of justice, women themselves are seen as offenders/transgressors of social norms. Where this occurs in the country in which you are active, please list (a) the offences (e.g. adultery; improper dressing; having child outside of wedlock), (b) the typical punishment for each offence and (c) whether the punishment is commensurate with the offence (1=very lenient, 2=lenient, 3=commensurate, 4=harsh, 5=very harsh)? Where it does not occur in your country, please tick/cross this
(a) Offence (b) Typical punishment (c) Punishment commensurate (1=very lenient; 5=very harsh) (please describe) (please describe) 1 2 3 4 5 1. 2.
E5. Are the following programmes (a) provided by Government to perpetrators of VAW; and (b) should they be? (a) Already provided (b) Should be provided Yes No Not sure Yes No Not sure 1. Anger management/intervention or prevention programme 2. Counselling 3. Support groups 4. Rehabilitation / reintegration 5. Community service 6. Other (please name) ______
E6. Please briefly describe two ways that in your opinion constitute good practices in Government sanctioned sentencing and punishment and the reason why (whether or not they exist in your country). 1 2
F. PROVISION OF REDRESS
Redress is any form of compensation or reparations available to a victim/survivor of VAW. This could take different forms, from monetary compensation and apology to symbolic reparations. F1. Below is a list of possible harm/loss that VAW victims/survivors may suffer. For each harm/loss listed please indicate (a) whether the victim/survivor can seek redress; and (b) if yes, the typical redress granted. (a) Redress (b) IF YES, available Ye No Not please indicate typical redress given s sur e 1. Physical harm
2. Mental harm
3. Lost opportunities, including employment, education and social benefits
4. Material damage including loss of earnings and loss of earning potential
5. Moral harm (loss of reputation)
6. Legal and expert assistance cost
7. Medicine/medical cost
8. Psychological/mental services cost 9. Cost of children’s incidentals (e.g. maintenance) 10. Other (please specify) ______
F2. (a) Which of the following processes for redress are available to the victim/survivor of VAW? If available, (b) please indicate who bears the cost of the process.
(a) Available (b) IF YES, who bears the cost?
Yes No Not sure Own Free Legal aid 1. Victim compensation scheme
2. Court action for civil remedies
3. Redress granted during criminal trial
4. Truth and reconciliation tribunals
5. Adminstrative tribunals (please name)
6. Legally sanctioned community and religious councils and tribunals 7. Not legally sanctioned community or religious council, tribunals or patron/chief 8. Vigilante community justice
9. Other (please specify) ______
F3. In theory, there are several types of redress that may be available to victims/survivors of VAW. For each harm/loss listed below, please indicate the redress that, in your opinion, is the most important. You may check up to a maximum of three for each harm/loss suffered.
a.Monetar b.Apology c.Promise d.Disclosur e.Restituti f.Symboli h.Punish y to cease e on c tribute perpetrato of truth r 1. Physical harm
2. Mental harm a.Monetar b.Apology c.Promise d.Disclosur e.Restituti f.Symboli h.Punish y to cease e on c tribute perpetrato of truth r 3. Lost opportunities, including employment, education and social benefits
4. Material damage including loss of earnings and loss of earning potential
5. Moral harm (e.g. to victim/survivor’s reputation) 6. Legal and expert assistance cost
7. Medicine/medical cost
8. Psychological/mental services cost
9. Children’s incidentals (e.g. after domestic violence or rape) 10. Other (please specify) ______
F4. (a) Does the Government have allocation to pay compensation to victims/survivors? Yes No Not sure / Don’t know
(b). IF YES, 1. Name of scheme : 2. How much is allocated : 3. How much is spent : ______Varies (not controlled by national Government) ______F5. Where restitution is available for acts of VAW, please rate how effective it is in restoring the losses listed below to the victim/survivor of VAW (1=not at all; 5=very much). (1=not at all; 5=very much)
1 2 3 4 5 1. Property and place of residence
2. Liberty
3. Employment
4. Economic loss
5. Reintegration into communal and family life
6. Citizenship
7. Social standing F6. describe two programmes that in your opinion constitute good practices in redress and the reason(s) why (whether or not they exist in your country). 1
2
THE END.
THANK YOU FOR COMPLETING THE QUESTIONNAIRE References
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