Barbados: Domestic violence, including legislation; recourse and support services available to victims (2015-January 2017)

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Overview

A survey of a representative sample of 600 people in Barbados conducted between May and June 2014 (UN 2014, 8), carried out by the Caribbean Development Research Services (CADRES) [1] on behalf of UNICEF's Office for the Eastern Caribbean Area, found that 76 percent of respondents indicated that they thought that domestic violence was "a major problem" and that 36 percent of respondents had someone "close to them experience domestic violence by a spouse/partner" (ibid., 6). According to Freedom House, "[v]iolence against women remains widespread despite domestic violence laws" in the country (Freedom House 2015). The US Department of State's Country Reports on Human Rights Practices for 2015 similarly states that "[v]iolence and abuse against women continu[e] to be significant social problems" (US 13 Apr. 2016, 7).

A 2016 report by the Inter-American Development Bank (IDB), entitled Crime and Violence in Barbados, states that "[t]he recording of statistics related to violence in the home in Barbados is severely limited" (IDB June 2016, 8). Sources similarly cite the Bureau of Gender Affairs, a department of the government of Barbados which works "[t]o ensure the integration of gender in all national development plans and policies to achieve gender equity and equality" (Barbados n.d.), as indicating that information collection on domestic violence is "inadequate" (ibid. 26 May 2016; US 13 Apr. 2016), "due to under-reporting, under-documentation, administrative incapacity, and a lack of appreciation for the use of statistics in the policy formulation and monitoring cycle" (Barbados 26 May 2016). The Barbados Government Information Service (GIS) further quotes the Acting Director of the Bureau of Gender Affairs as stating that "[t]he true incidence of domestic violence in Barbados is unknown, since it is a crime that is seldom reported" (ibid.).

However, the IDB report notes that "[t]here has …recently been, an attempt to improve the inadequacies of data collection on [domestic violence]," through the creation of a Family Conflict Intervention Unit "designed to respond to, and record more detailed information on domestic violence"(IDB June 2016, 8). The same source adds that the unit was established by the police force in June 2013 (ibid., 44) and that "[a]s a result[,] detailed data on domestic violence is limited only to cases reported from June 2013 onwards" (ibid., 24). According to the IDB report, "[t]here were 220 cases of domestic abuse reported to the Family Conflict Intervention Unit between June and December 2013 and 423 cases reported in 2014" (ibid.). In November 2016, Barbadian newspaper the Daily Nation reported that "incidents of domestic violence are on the rise," noting that "[p]olice logged 435 reports of domestic violence cases between January 1 and October 31 [2016] … a slight increase over 429 [cases reported in 2015]" (The Daily Nation 5 Nov. 2016).

Sources report that between 2003 and 2015, 62 deaths were linked to domestic violence (Carribean360 27 Jan. 2016; Loop 26 Jan. 2016). According to the IDB report, murders resulting from domestic violence have been "increasing steadily" between 2009 and 2013; the same source explains that "[w]hereas in 2009 this category accounted for 21 per cent of all homicides, by 2013 this had increased to 30 per cent, second only to disputes" (IDB June 2016, 17-18). However, in November 2016, news website Barbados Today reported that, according to the Minister of Social Care, there was "a noticeable decrease in deaths resulting from domestic violence so far in the year [2016]" as only one death linked to domestic violence was recorded (Barbados Today 22 Nov. 2016).

2. Legislation

According to an article written by a gender justice advocate and a trade and development consultant found on Barbados Underground, a blog which publishes "news and opinion" (Barbados Underground n.d.),

[t]he legislative framework for domestic violence protection in Barbados is based primarily on the Domestic Violence (Protection Orders) Act, Cap 130A, the Sexual Offences Act and the Offences Against the Person Act. The main Act, however, is the Domestic Violence (Protection Orders) Act of 1993 which provides for the granting of protection orders in domestic violence and related matters. (Browne and Nicholls [2016])

The Caribbean section of UN Women similarly states that

[t]he laws which address gender-based violence in Barbados are:

• Domestic Violence (Protection Orders) Act 1992
• Sexual Offences Act 1992 (which was mended by the Evidence Act of 1994)
• Offences against the Person Act Cap. 141
• the common law. …

The domestic violence legislation provides protection from physical and sexual violence, but it is not meant to exclude the criminal laws or replace criminal proceedings. Rather, it is to expand the range of options which are available to victims of domestic violence. (UN Women n.d.)

The Domestic Violence (Protection Orders) Act is attached to this Response.

The Caribbean section of UN Women specifies that the Domestic Violence (Protection Orders) Act

creates a wide range of speedy and effective remedies which are aimed at reducing the incidences of domestic violence. A magistrate can grant a protection order that:

• prohibits abuse and molestation
• excludes the abusive person from the home or workplace
• gives the applicant the right to occupy the home
• provides for the use of furniture and household effects, payment of rent, utilities etc. (UN Women n.d.)

According to the IDB report, under the Barbados Domestic Violence (Potection Orders) Act, behaviour considered to be domestic violence "includes harassment, defined as persistent verbal abuse; physical violence (including threats of violence); and the malicious damage of the property of a person" (IDB June 2016, 23). The same source further indicates that

[t]he Act also considers domestic violence as persistently following a person from place to place; hiding of clothes, or the depriving of a person's use of their clothes; and watching or besetting the house or other place where a person resides, works, caries [sic] on business or happens to be, or the approach to the house or other place. (ibid.)

The IDB report also states that "[a]cts of physical violence to a person are prosecuted under the Offences Against the Person Act. The legislation provides that spouses and children of spouses may apply for relief" (ibid.). However, the source adds that "[p]artners in visiting unions [sexual relationships without cohabitation], common throughout the Caribbean, are not covered by the legislation", and that "[t]he legislation does not …address psychological and financial abuse" (ibid.).

According to Country Reports 2015, "the law prohibits domestic violence and provides protection to all members of the family, including men and children," adding that the "law applies equally to marriages and to common-law relationships, but does not protect those in informal relationships" (US 13 Apr. 2016, 7). The same sources indicates that "[p]enalties depend on the severity of the charges and range from a fine for first-time offenders (unless the injury is serious) up to the death penalty for cases resulting in death of a victim (ibid.).

2.1 Marital Rape

Country Reports 2015 states that there are "legal protections against spousal rape for women holding a court-issued divorce decree, separation order, or nonmolestation order" (US 13 Apr. 2016, 7). Sources indicate that marital rape is included in the Sexual Offences Act (Browne and Nicholls [2016]; UN 5 Oct. 2015, para. 39). However, a report submitted to the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) committee states that marital rape is only covered in cases of legal separation (ibid.). The Caribbean section of UN Women indicates that

[t]he husband will be found to have committed the offence of rape against his wife, only where one or more of the following conditions exist. These are: the husband and wife are separated or have begun proceedings to dissolve the marriage, the husband has been ordered by the court not to molest or have sexual intercourse with his wife. (UN n.d.)

The UN Women's Caribbean section further adds that "[t]he penalty for the offence of marital rape is imprisonment for life" (ibid.).

2.2 Amendments to the Domestic Violence Act

Sources indicate that an Amendment the Domestic Violence (Protection Orders) Act was introduced in 2016 (Loop 22 Nov. 2016; Caribbean360 27 Jan. 2016). According to Barbados Today, the amendments were approved in February 2016 (Barbados Today 22 Nov. 2016). A copy of the amended law could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Barbadian news site Loop cites the Minister of Social Care, Steve Blackett, as stating that the Domestic Violence (Protection Orders) Amendment Act "provides a comprehensive definition of the term 'domestic violence'[,] extends the categories of persons or agencies that may intervene on behalf of a victim of domestic violence, and extends the powers of the Police Force when dealing with complaints alleging domestic violence" (Loop 22 Nov. 2016). The Minister also mentioned that

[t]he [amendment] Act removes the need for the Court to consider the preservation and protection of the institution of marriage or a union other than marriage and the provision of protection and assistance to the family as a natural and fundamental group unit in society, when determining an application for a protection order. (ibid.)

In January 2016, sources indicated that changes included in the Bill for the amendment included an obligation of the police to respond to every complaint of domestic violence, and a police mandate to prepare a report, provide this report to the complainant, and keep a record through a domestic violence register (Barbados Today 28 Jan. 2016; Caribbean360 27 Jan. 2016). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Barbados Today further states that under the Bill, the police are allowed

to enter any premises without a warrant if an officer has reasonable grounds to suspect that an emergency protection order, an interim protection order or a final protection order is being breached. Officers [are] also given the power to enter premises -- upon the invitation of a person resident there or independently -- if there is reasonable grounds to suspect that a person on the premises has suffered, or is in imminent danger of suffering, physical injury at the hands of some other person. (Barbados Today 26 Jan. 2016)

The same source also indicates that under the Bill, junior police officers are allowed to issue emergency protection orders "if he or she has reason to believe that such an order is necessary to ensure the safety of a person at risk" and that such orders may be issued "without the consent of the person at risk" (ibid.). The article by Browne and Nicholls similarly states that "major changes" in the amended domestic violence law include the power for "subordinate police officer[s]" to issue emergency protection orders when they deem this necessary, "with or without the consent of the person at risk" (Browne and Nicholls [2016]). The same source describes other "major changes" to the domestic violence law, including the following:

• The new Act now provides a definition of domestic violence, which the original Act lacked. It defines 'domestic violence" as the "wilful [sic] infliction or threat of infliction of harm by one person in a domestic relationship upon another person in that relationship and includes child abuse, emotional abuse, financial abuse, physical abuse and sexual abuse."
• It amends the definition of "harassment" by including twenty-first century methods of harassment such as persistent contacting by e-mail or publication of material relating to the victim on the internet without the victim's consent. …
• It expands the class of persons who may seek relief under the Act. These include spouses, former spouses, children, dependents or other person who is considered to be relative of the perpetrator by virtue of consanguinity or affinity, including cohabitational and visiting relationships. However, one flaw of the Act is it limits a cohabitational relationship to one based on the parties living as husband and wife, which excludes people who live in homosexual relationships.
• The Act mandates that a protection order granted must provide that the respondent against whom the order was sought attend appropriate counseling and therapy and may also provide that the complainant or any other person in respect of whom the order was made attend counseling or therapy as well. (ibid.)

Information on the implementation of the amended law could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3. State Protection

According to Country Reports 2015, there are public counselling services for victims of domestic violence (US 13 Apr. 2016, 7). Sources note that the Ministry of Social Care, Constituency Empowerment, and Community Development runs a Partnership for Peace program (IDB June 2016, 63; US 13 Apr. 2016, 8). Country Reports 2015 describes this initiative as "a psychosocial rehabilitation program for perpetrators of domestic abuse" (ibid.). The IDB report states that the program "was designed to address violence against women," especially domestic violence, and that 50 men have taken part since the programme's inception in 2012 (IDB June 2016, 63).

According to the same source,

the Welfare Department […] provides family services such as counselling in domestic violence cases to reduce the likelihood of reoffending.

In addition to providing counselling for those involved in domestic violence. Increasingly the Welfare Department has been making referrals to court regarding incidents of abuse. In 2012 and 2013, the Welfare Department made nine and six referrals, respectively. (IDB June 2016, 45)

Country Reports 2015 states that

[t]here were programs to sensitize clergy who counsel abuse victims; to encourage salon professionals, masseuses, and masseurs to identify domestic violence and direct women to seek expert assistance; [and] to offer domestic violence awareness training for high school students. (US 13 Apr. 2016, 7-8)

The same source adds that "[v]ictims may request restraining orders, which the courts often issued. The courts may sentence an offender to jail for breaching such an order" (ibid., 7).

According to the IDB report, "there is no government-run shelter in Barbados for victims of domestic violence" (IDB June 2016, 25). However, sources notes that the government provides a "subvention" to the Business and Professional Women's Club of Barbados (PBW Barbados) [2] to run a shelter for abused women (ibid., 26; UN 5 Oct. 2015, para. 35), which is "the only shelter available to abused women in Barbados" (IDB June 2016, 26). According to the IDB report, the Barbados government is the shelter's main source of funding (ibid., 112).

3.1 Police

According to Freedom House, "police responsiveness is often slow and inadequate" in cases of violence against women (Freedom House 2015). Country Reports 2015 similarly states that "there were several reports that police did not respond promptly or adequately to complaints of sexual assault and domestic violence" (US 13 Apr. 2016, 7). Barbados Today reports that police are reluctant to respond to cases of domestic violence (Barbados Today 28 Jan. 2016).

Country Reports 2015 indicates that there is a victim support unit within the police force (US 13 Apr. 2016, 7). According to the same source, the unit consist of civilian volunteers and "offers assistance primarily to female victims of violent crimes, but reports indicated services provided were inadequate" (ibid.). The IDB report states that the Barbados Police Force is responsible for implementing a "Victim Support Program" under which "victim support officers are assigned to police divisions" (IDB June 2016, 109). According to same source, activities of the program include counselling to the victim and victim's families, explaining the court process and accompanying victims and their families to court, supporting and accompanying victims at doctor's examinations and referrals to other social services (ibid., 110).

Sources also note the existence of a police Family Conflict Unit (US 13 Apr. 2016, 7) or Family Conflict Intervention Unit (IDB June 2016, 44). The IDB report explains that this unit was established due to a perceived "need to sensitise officers" responding to family and domestic violence cases (ibid.). Sources further report that police receive training on domestic violence (UN 5 Oct. 2015, para. 34; CBC 10 March 2016). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Information on the effectiveness of these units and programs could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

4. Support Services

According to the IDB report, BPW Barbados "in association with the Ministry of Social Care, Constituency Empowerment and Community Development" (IDB June 2016, 112), is responsible for the implementation of the Shelter for Battered Women program, which "provides safe housing for battered women and their children for up to 3 months in most cases, but shelter may be given for a longer period" (ibid. 111). The BPW Barbados website indicates that the shelter, located in Bridgetown, houses 20 to 25 women at a time, with a varying length of stay, and an average stay of three months (BPW Barbados n.d.b.). Country Reports 2015 notes that the shelter offers "the services of trained psychological counselors to survivors of domestic violence and other crisis intervention services" (US 13 Apr. 2016, 8). According to the IDB report, the shelter offers services including counselling, legal aid in the form of assistance in obtaining protective orders and accompanying clients to court, job preparation, relocation of family, and transitional housing (IDB June 2016, 112).

Country Reports 2015 indicates that BPW Barbados also operates a crisis centre which provides counselling and support services to victims of gender-based violence (US 13 Apr. 2016, 8). The IDB report also states that the BPW Barbados "in association with the Ministry of Social Care, Constituency Empowerment, and Community Development" implements a crisis centre and crisis hotline program in order to "provide domestic violence survivors with 24-hour services to deal with physical, verbal, and emotional abuse" (ibid., 113). The same report explains that "[t]he Crisis Centre and 24-hour hotline also serve as a conduit to the shelter for battered women. Women who are seen at the Crisis Centre and are in need of reprieve are referred to the shelter for admission" (ibid., 114). However, the same source indicates that the walk-in Crisis Centre was closed in October 2014 due to "a reduction in funds" (ibid., 113). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The Service Alliance for Violent Encounters (SAVE) Foundation is a non-profit organisation which states that it works to "eradicate domestic violence from Barbados" (SAVE n.d.). According to its website, the Foundation's activities include recording and monitoring incidences of domestic violence, providing free counselling and legal advice to victims, operating a national domestic violence hotline, and raising public awareness on domestic violence issues (ibid.). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Notes

[1] CADRES is described as "a regional research organization based in Barbados. It has conducted social, economic and political research throughout the Caribbean for political parties, governments, regional and international organizations and private sector clients" (Carribean Net News 30 mar. 2007).

[2] According to its website, the Business and Professional Women's Club of Barbados is a "'status of women' organisation", established in 1966 and comprised of volunteers, which focuses on "elevating the status of women, through training [and] development, business [and] entrepreneurship, improvements in health [and] freedom from violence" (BPW Barbados n.d.a.). The same source indicates that BPW Barbados is "a chapter of the International Federation of Business and Professional Women, represented in over 100 countries" (ibid.). According to Barbados Today, BPW Barbados is one of 20 affiliate organisations of the Barbados National Organisation of Women (NOW), an advocacy group which has over 5,000 members and which has itself focused "considerable attention" on domestic violence (Barbados Today 8 Mar. 2015).

References

Barbados. 26 May 2016. Government Information Service (GIS). "Survey On Domestic Violence Coming." [Accessed 29 Dec. 2016]

Barbados. N.d. Government Information Service (GIS), Government Directory."Bureau of Gender Affairs." [Accessed 17 Jan. 2016]

Barbados Today. 24 November 2016. "Protecting, Respecting, Supporting Our Women." [Accessed 29 Dec. 2016]

Barbados Today. 22 November 2016. Colville Mounsey. "Deaths Down. Blackett Reports Drop in Domestic Violence-Related Killings." [Accessed 29 Dec. 2016]

Barbados Today. 28 January 2016. Emmanuel Joseph. "2 Thumbs Up. Rights Campaigners Hail Amended Domestic Violence Law." [Accessed 29 Dec. 2016]

Barbados Today. 26 January 2016. Neville Clarke. "Strong Arm: New Domestic Violence Act Gives More Power to Police." [Accessed 29 Dec. 2016]

Barbados Today. 8 March 2015. Anesta Henry. "Marilyn's Strong Stance." [Accessed: 20 Jan. 2017]

Barbados Underground. N.d. "Barbados Underground." [Accessed 23 Jan. 2017]

Browne, Felicia and Alicia Nicholls. [2016]. "Domestic Violence: Victim Protection and Intervention." [Accessed 29 Dec. 2016]

Business and Professional Women's Club of Barbados (BPW Barbados). N.d.a. "About." [Accessed 24 Jan. 2017]

Business and Professional Women's Club of Barbados (BPW Barbados). N.d.b. "BPW Safe Haven for Women." [Accessed 24 Jan 2017]

Caribbean360. 27 January 2016. "Barbados Police Being Given Increased Powers to Protect Domestic Violence Victims." [Accessed 29 Dec. 2016]

Caribbean Broadcasting Corporation (CBC). 10 March 2016. "Police Training in Handling Domestic Violence." [Accessed 29 Dec. 2016]

Carribean Net News. 30 March 2007. "Dominica's Prime Minister Leads Popularity Poll." [Accessed 27 Jan. 2017]

The Daily Nation. 5 November 2016. Gercine Carter. "Domestic Cases Persist Despite Amended Laws." [Accessed 29 Dec. 2016]

Freedom House. 2015. "Barbados." Freedom in the World 2015. [Accessed 28 Dec. 2016]

Inter-American Development Bank (IDB). June 2016. Corin Bailey. Crime and Violence in Barbados: IDB Series on Crime and Violence in the Caribbean. [Accessed 30 Dec. 2016]

Loop. 22 November 2016. "Eradicating Domestic Violence a Priority." [Accessed 30 Dec. 2016]

Loop. 26 January 2016. "62 Deaths Due to Domestic Violence Since 2003." [Accessed 30 Dec. 2016]

Service Alliance for Violent Encounters Foundation (SAVE). N.d. "About Us." [Accessed 29 Dec. 2016]

United Nations (UN). 5 October 2015. Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW). Consideration of Reports Submitted by States Parties under Article 18 of the Convention: Fifth to Eighth Periodic Reports of States Parties Due in 2014: Barbados. [Accessed 30 Dec. 2016]

United Nations (UN). 2014. United Nations Children's Fund (UNICEF). Social Survey on Violence Against Children and Women: Attitudes to Corporal Punishment, Child Sexual Abuse and Domestic Violence in Barbados. [Accessed 29 Dec. 2016]

United Nations. N.d. UN Women Caribbean. "Barbados." [Accessed 29 Dec. 2016]

United States (US). 13 April 2016. Department of State. "Barbados." Country Reports on Human Rights Practices for 2015. [Accessed 28 Dec. 2016]

Additional Sources Consulted

Oral sources: Barbados - Bureau of Gender Affairs; Business & Professional Women's Club of Barbados; SAVE Foundation; National Organisation of Women Barbados.

Internet sites, including: Amnesty International; The Barbados Advocate; Barbados Gazette; Barbados News.Net; barbados.org; ecoi.net; Factiva; Human Rights Watch; International Labour Organisation - NATLEX; Lexadin; UN - Refworld, Women; US - Library of Congress.

Attachment

Barbados. 1993. Domestic Violence (Protection Orders) CAP. 13OA. [Accessed 28 Dec. 2016]