Antigua and Barbuda: Domestic violence, including legislation, state protection and support services (2010-January 2016)

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Overview

Sources report that domestic violence in Antigua and Barbuda is a "serious problem" (US 25 June 2015, 8; Antigua Observer 6 July 2015). The Executive Director of Antigua's Directorate of Gender Affairs, Ministry of Education, Gender, Sports and Youth Affairs indicated, in correspondence with the Research Directorate, that domestic violence is "very common" (Antigua and Barbuda 29 Jan. 2016). In a telephone interview with the Research Directorate, an executive member of Women of Antigua, an NGO founded in 2008 that is involved in activism to end violence against women and children, stated that domestic violence is a "common occurrence" and is "normalized" in Antigua and Barbuda (Women of Antigua 21 Jan. 2016). Similarly, a 2012 press release by the government of Antigua and Barbuda notes that violence against women in Antigua is of a "systemic nature" and that "our people are socialised to normalise and accept these patterns" (Antigua and Barbuda 12 Sept. 2012). In correspondence with the Research Directorate, the President of Women Against Rape (WAR), an Antiguan NGO that provides psycho-social support and counselling to victims of domestic violence, stated that there is a cultural belief in Antigua and Barbuda that domestic violence is a "private matter" (WAR 23 Jan. 2016).

The Executive Director indicated that there have not been any studies conducted in Antigua and Barbuda that indicate the number of women who have experienced violence (Antigua and Barbuda 29 Jan. 2016). According to a 2010 survey conducted by the UN Development Program (UNDP), in which over 11,000 male and female adults in 7 Caribbean countries were interviewed regarding citizen security (UN 2012, 11), 15.7 percent of respondents in Antigua and Barbuda had experienced some form of physical violence (such as punching, kicking, or the use of a weapon) by a member of their household, a higher rate than the Caribbean-wide average of 10.9 percent (ibid., 29). The same survey indicates that 4.5 percent of respondents stated that they worry about being beaten up by their spouse or partner either "[a]ll of the time" or "[m]ost of the time," as compared to the Caribbean-wide average of 3.5 percent (ibid., 40).

The Antigua Observer reports that the Gender Affairs Directorate received 219 cases of domestic violence and sexual violence in 2014 and 200 cases between January and October of 2015 (Antigua Observer 29 Dec. 2015). The Executive Director of Gender Affairs provided the Research Directorate with the following statistics regarding cases of domestic violence (including a breakdown based on the type of abuse) and rape

Year Domestic violence Physical abuse Psychological abuse Financial abuse Verbal abuse Rape

Female Victim 2013 230 91 127 89 96 5

Male Victim 2013 30 1 58 5 58 0

Female Victim 2014 124 32 58 50 49 3

Male Victim 2014 77 4 16 2 11 0

(Antigua and Barbuda 29 Jan. 2016).

The Executive Director also indicated that in 2015, there were 119 cases of domestic violence and 6 cases of rape and sexual violence involving female victims, and 12 cases of domestic violence involving male victims (ibid.). The same source further explained that the available statistics do not "show a true reflection of the prevalence of domestic violence" (ibid.).

The Antigua Observer reports on a case from July 2015 in which a woman was allegedly killed by her partner in her home as a result of domestic violence (Antigua Observer 10 July 2015). Statistics on the number of women who have been killed as a result of domestic violence in Antigua and Barbuda could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to The Antigua Observer, many incidents of domestic violence go unreported (ibid. 6 July 2015). The US Department of State's Country Reports on Human Rights Practices for 2014 notes that some women are reluctant to testify against their abusers "due to fear of stigma, retribution, or further violence" (US 25 June 2015, 8). However, the executive member of Women of Antigua stated that there is greater awareness of domestic violence and "more mobilization on the ground" (Women of Antigua 21 Jan. 2016). She further explained that while the number of domestic violence occurrences have not decreased, there is more reporting of incidents than in the past (ibid.).

2. Legislation

Sources report that Antigua and Barbuda enacted the Domestic Violence (Summary Proceedings) Act in 1999 (US 25 June 2016, 8; UN n.d.a). According to the UN Women's Caribbean Gender-based Violence (GBV) Laws Portal, the Act "creates a wide range of speedy and effective remedies which are aimed at reducing the incidences of domestic violence" and allows for Magistrates to grant protection orders, occupancy orders and tenancy orders (ibid.). The same source notes that a protection order "prohibits abuse and molestation, excludes the abusive person from the home or workplace;" an occupation order "gives a right to remain in the household residence;" and a tenancy order "vests the tenancy in the person who applied for the order" (ibid.). A copy of the Domestic Violence (Summary Proceedings) Act 1999 is attached to this Response (Attachment 1).

Sources indicate that a new bill to address domestic violence was introduced in 2015 (Antigua Observer 22 Oct. 2015; Women of Antigua 21 Jan. 2016). Advocates state that the bill improves the ability of victims to obtain protection orders (ibid.; Antigua Observer 22 Oct. 2015). According to the Executive Director, the bill includes improvements to the protection that police can offer victims, particularly in terms of breach of protection orders (Antigua and Barbuda 29 Jan. 2016). According to the executive member of Women of Antigua, the new legislation was passed on 17 November 2015 (Women of Antigua 21 Jan. 2016). However, the President of WAR stated that to her knowledge, the bill had not yet been enacted, but that it is due to be passed soon (WAR 23 Jan. 2016). The Domestic Violence Bill 2015, as found on the website of the Directorate of Gender Affairs, is attached to this Response (Attachment 2).

The UN Women's Caribbean GBV Laws Portal indicates that some acts of domestic violence that cause physical injury, such as assault and wounding, may be prosecuted as criminal offenses (UN n.d.a).

2.1 Spousal Rape

According to the UN Women's Caribbean GBV Law Portal, a husband can be prosecuted for "sexual assault" for having non-consensual sexual intercourse with his wife in "very limited circumstances," and one of the following must apply:

a decree nisi of divorce;

A decree of judicial separation;

A separation agreement; or

An order for the husband not to molest his wife or have sexual intercourse with her. (UN n.d.a)

Country Reports 2015 indicates that spousal rape charges can only be applied if the couple is separated and living in separate housing (US 25 June 2015, 8). The UN Women's Caribbean GBV Law Portal indicates that the penalty for sexual assault against a woman by her husband is 15 years imprisonment (UN n.d.a.).

3. State Protection

The Directorate of Gender Affairs has a National Strategic Action Plan to End Gender-based Violence, which receives financial support from the UN to implement programs in the plan (UN n.d.b; Antigua and Barbuda 29 Jan. 2016). The plan includes public education and community outreach activities to strengthen group capacities (ibid.). The Directorate is also involved in reviewing and drafting legislation pertaining to gender-based violence (ibid.).

Country Reports 2015 notes that the Directorate of Gender Affairs provides training about domestic violence to law enforcement officers, health-care professionals, counsellors, social workers, immigration officers and army officers (US 25 June 2015, 8).

3.1 Police

Sources indicate that there is no special unit of the police to handle cases of domestic violence (Antigua and Barbuda 29 Jan. 2016; WAR 23 Jan. 2016; Women of Antigua 21 Jan. 2016).

According to the Executive Director, the Gender Affairs Directorate has provided training to the police on handling cases of domestic violence and has a "strong relationship" with them in providing services and protection based on the individual needs of the victim (Antigua and Barbuda 29 Jan. 2016). The same source noted that the police are able to issue protection orders to victims (ibid.).

The executive member of Women of Antigua expressed the opinion that police response to domestic violence is "not effective" (Women of Antigua 21 Jan. 2016). The source explained that "[i]t often takes a long time for the police to come when domestic violence is reported to them, especially when late at night. This is both because they are under-resourced and domestic violence is not a priority" (ibid.). According to the 2010 UNDP Citizen Security Survey, 22.9 percent of all respondents in Antigua and Barbuda ranked their level of confidence in the police to effectively control domestic violence in the country as "good" or "very good," as compared to the Caribbean-wide average of 21.7 percent (UN 2012, 107).

According to the 2010 UNDP Citizen Security Survey, 24.3 percent of women surveyed in Antigua and Barbuda who had reported domestic violence to the police said that the police were "respectful" or "very respectful" of their rights as citizens; in comparison, the Caribbean-wide average was 32.9 percent of women who said that police were either "respectful" or "very respectful" (UN 2012, 105).

The executive member of Women of Antigua indicated that the Antiguan police do not treat victims of domestic violence respectfully (Women of Antigua 21 Jan. 2016). She further stated that law enforcement officials blame the victims and "treat them as if they did something to deserve the violence" (ibid.). Victims of domestic violence have reported to WAR that some police officers have treated them with a "non-serious, dismissive attitude" (WAR 23 Jan. 2016).

3.2 Judiciary

Statistics on arrests, prosecutions, and convictions related to domestic violence could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. According to the executive member of Women of Antigua, cases of domestic violence-related murders are usually tried and these cases typically take 2-3 years to get to court (Women of Antigua 21 Jan. 2016). The source further stated that it takes a long time for cases of domestic violence to go to trial, which "leaves the victims vulnerable" (ibid.). She also said that cases are frequently dropped (ibid.). However, without providing further information, the Executive Director noted that some cases of domestic violence are "fast-tracked" (Antigua and Barbuda 29 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.

Information on punishments for domestic violence-related offenders was scarce among the sources consulted by the Research Directorate within the time constraints of this Response. Caribarena news, a Caribbean news portal, reports on a 2014 case in which a man was convicted of battery for "severe[ly] beating" his girlfriend on her head and body with a piece of wood; he was ordered to pay the victim $500 or, in default, to spend two months in prison (Caribarena 24 May 2014).

4. Support Services

4.1 Shelters

The Executive Director of the Gender Affairs Directorate and the President of WAR stated that there are no designated shelters for victims of domestic violence in Antigua and Barbuda (Antigua and Barbuda 29 Jan. 2016; WAR 23 Jan. 2016). The same sources noted that private citizens sometimes offer space in their homes to victims of domestic violence for a short time and on an ad hoc basis (ibid.; Antigua and Barbuda 29 Jan. 2016). Similarly, in an article in the Antigua Observer, a social worker/counsellor who works with victims of gender-based violence said that there are few options that enable victims to escape the situation; sometimes someone can accommodate them for a day or two, but there is a need for long-term accommodations (31 Dec. 2015).

The Executive Member of Women of Antigua indicated that there is no government shelter for victims of domestic violence, but she said that there are 3 or 4 shelters run by NGOs or private companies that offer space for women and children who are victims of domestic or gender-based violence (Women of Antigua 21 Jan. 2016). As an example, the source indicated that there is a home for girls run by the Salvation Army (ibid.). However, she explained that none of the shelters house more than 10-15 people and expressed the opinion that "there is not an adequate amount of spaces for the demand" (ibid.). Further and corroborating information about non-governmental shelters could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

4.2 Other Services

Sources indicate that the Directorate of Gender Affairs operates a 24 hour hotline for victims of domestic violence (Antigua and Barbuda 12 Sept. 2012; WAR 23 Jan. 2016; Women of Antigua 21 Jan. 2016).

The Directorate offers counselling (US 25 June 2015, 8; WAR 23 Jan. 2016; Antigua Observer 29 Dec. 2015) and has an advocacy caseworker who accompanies victims to the hospital, police and court (US 25 June 2015, 8). The Directorate is also planning to establish a 24-hour one-stop crisis centre for victims of gender-based violence (Antigua and Barbuda 29 Jan. 2016).

WAR provides victims of domestic violence with psycho-social support, and accompaniment for medical and legal purposes, while also offering referrals to other social services such as the Legal Aid Department and Planned Parenthood (WAR 23 Jan. 2016). The organization further operates a 24-hour hotline and provides counselling services (ibid.).

The Executive Member of Women of Antigua stated that there are some NGOs that provide support services to victims of domestic violence, such as helping them to navigate the court system and helping them to find employment (Women of Antigua 21 Jan. 2016). The same source expressed the opinion that the amount of services for domestic violence victims is not adequate and that all service providers are underfunded (ibid.).

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.

References

Antigua and Barbuda. 29 January 2016. Directorate of Gender Affairs, Ministry of Education, Gender, Sports and Youth Affairs. Correspondence from the Executive Director to the Research Directorate.

_____. 12 September 2012. "Tragic Death Prompts Further Calls to End Violence Against Women." [Accessed 14 Jan. 2016]

Antigua Observer. 31 December 2015. "Social Worker Wants More Done to End Gener-based Violence." [Accessed 7 Jan. 2016]

_____. 29 December 2015. Martina Johnson. "Gender Based Violence Expected to Rise in 2015." [Accessed 7 Jan. 2016]

_____. 22 October 2015. Theresa Gordon. "WAR President Supports Domestic Violence Legislation." [Accessed 7 Jan. 2016]

_____. 10 July 2015. "Family Member Reminisces About Victim of Latest Killing." [Accessed 7 Jan. 2016]

_____. 6 July 2015. Kadeem Joseph. "Activist Calls for an End to Violence Against Women." [Accessed 7 Jan. 2016]

Caribarena. 24 May 2014. "Abusive Boyfriend Asked to Pay Lover Compensation." [15 Jan. 2016]

United Nations (UN). 2012. UN Development Programme (UNDP). Caribbean Human Development Report 2012. Human Development and the Shift to Better Citizen Security. [Accessed 13 Jan. 2016]

_____. N.d.a. UN Women Caribbean Gender Based Violence Laws Portal. "Antigua and Barbuda." [Accessed 13 Jan. 2016]

_____. N.d.b. UN Women Caribbean Gender Portal. "Antigua and Barbuda. Overview of Country Gender Equality Status." [Accessed 13 Jan. 2016]

United States (US). 25 June 2015. Department of State. "Antigua and Barbuda." Country Reports on Human Rights Practices for 2014. [Accessed13 Jan. 2016]

Women Against Rape (WAR). 23 January 2016. Correspondence from the President to the Research Directorate.

Women of Antigua. 21 January 2016. Telephone interview with an executive member.

Additional Sources Consulted

Oral sources: Antigua and Barbuda - Ministry of Legal Affairs; a counsellor; a lawyer.

Internet sites, including: Antigua and Barbuda - Ministry of Legal Affairs; Cananews Online; Caribbean 360; Factiva; Organization of American States; Organization of Eastern Caribbean States; UN - Refworld, UNICEF Barbados.

Attachments

1. Antigua and Barbuda. 1999. Domestic Violence (Summary Proceedings) Act 1999. [Accessed 17 Feb. 2016]

2. Antigua and Barbuda. 2015. Domestic Violence Bill 2015. [Accessed 17 Feb. 2016]