Kyrgyzstan: Inter-marriage between a Uyghur person and a Kyrgyz person, including treatment by society and the authorities (2011-April 2013)

1. Overview

The US State Department's Country Reports on Human Rights Practices for 2012 described discrimination and domestic violence against women as one of the most serious human rights problems in Saint Kitts and Nevis, and characterizes the problems of both violence against women and rape as "serious and pervasive" (US 19 Apr. 2013). According to a Saint Kitts and Nevis submission to the Organization of American States (OAS) regarding the government's implementation of the Belem Do Para Convention [Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women], Saint Kitts and Nevis has not carried out any surveys related to violence against women in the past four years (Saint Kitts and Nevis 26 Mar. 2012, 7).

2. Legislation and Definition of Domestic Violence

Sources report that the Domestic Violence Act, 2000 (amended in 2005) provides the legislative framework for addressing domestic violence and issuing protection orders (UN n.d.; Saint Kitts and Nevis 2000; WAND June 2010, 1, 3). An analysis of the Act, produced by the Women and Development Unit (WAND) of the University of the West Indies, notes that the legislation does not provide a definition of domestic violence but does list "conduct that amounts to domestic violence," which "ranges from physical to emotional injury" (WAND June 2010, 1). A copy of the Domestic Violence Act, 2000 is attached to this Response. A copy of the Domestic Violence (Amendment) Act, 2005, could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Two sources report that some acts of domestic violence may be prosecuted under the Offences Against the Person Act (revised 2002) (Lawyer 17 Feb. 2014; UN n.d.), if the acts "cause physical injury amount[ing] to a criminal offence" (ibid.). The UN Women Caribbean office, which operates a website on gender-based violence in the region, reports that rape is recognized under the Offences Against the Person Act, but notes that the law does not provide a definition of rape (ibid.). According to Country Reports 2012, rape is prohibited but spousal rape is not addressed under the law (US 19 Apr. 2013).

2.1 Penalties

Country Reports 2012 indicates that domestic violence is against the law, and that the penalty is a fine of up to 13,500 East Caribbean Dollars (XCD) [C$5,500 (XE 19 Feb. 2014)] or six months in prison (US 19 Apr. 2013). The penalty for rape ranges from two years imprisonment to life imprisonment (ibid.). Indecent assault carries a maximum penalty of imprisonment for seven years (ibid.).

The Offences Against the Person Act (revised 2002) provides penalties for violent criminal offences; for example, for the crime of battery or common assault described in Article 40, at the discretion of the Magistrate, the convicted person may "either be imprisoned, with or without hard labour for a term not exceeding two months, or else shall forfeit and pay such fine as shall appear to the Magistrate to be meet, not exceeding the sum of two hundred dollars [XCD] [about C$82 (XE 21 Feb. 2014a)], together with costs (if ordered)" (Saint Kitts and Nevis 1873, Art. 40). A copy of the Offences Against the Person Act is attached to this Response.

UN Women indicates that the Criminal Law Amendment Act (revised 2002) also provides penalties for some acts of gender-based violence and sexual offences against women and children (UN n.d.). A copy of the Criminal Law Amendment Act is attached to this Response.

2.2 Rehabilitation Orders

Section 18 of the Domestic Violence Act states that under some conditions, "[w]here a person is convicted of an offence under this Act, the court may, instead of imposing a sentence, make a rehabilitation order requiring the convicted person to undergo probation in a re-education or rehabilitation program" (Saint Kitts and Nevis 2000, Sec. 18). Section 32 of the Act provides further that the court "may, on making an order under this Act recommend either or both parties to participate in counselling of such a nature as the court may specify" (ibid., Sec. 32). The WAND analysis expresses the opinion that Section 32 "may be seen as contrary to the purpose and object of the Act which is protection" (2000, 6). According to the government of Saint Kitts and Nevis, in its 2012 submission to the OAS, "there are no provisions that ban the use of conciliation, mediation or any other method that seeks an extra judicial settlement to violence against women" (Saint Kitts and Nevis 26 March 2012, 3).

3. Judiciary

As of 2013, Saint Kitts and Nevis has an estimated population of approximately 51,000, according to the CIA World Factbook (US n.d.). In 2012, the police force reported having 84 cases of domestic abuse for the year (ibid. 19 Apr. 2013). In 2011, the Ministry of Gender Affairs "handled" 197 cases of domestic abuse, sending 78 cases to trial, and obtaining 51 convictions (ibid. 24 May 2012, 8). Country Reports 2012 says that during 2012, 50 sexual offence cases, including rape and indecent assault, were reported, and that those arrested and prosecuted received "strict sentences" (ibid. 19 Apr. 2013). In February of 2014, a local star athlete was acquitted of indecent assault and rape against a minor "despite a strong case" by the prosecution in support of which they called 10 witnesses, according to the St. Kitts-Nevis Observer (14 Feb. 2014a). Further information about the prosecution of sexual offences could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3.1 Protection Orders

Sections 6-8 of the Domestic Violence Act, 2000, govern protection orders (Saint Kitts and Nevis 2000, Sec. 6-8). According to WAND, protection orders are court orders "geared to protecting the person from physical contact and emotional disturbance" and also aim to prevent the "perpetrator" from entering the physical space or premises of the victim (June 2010, 4). UN Women indicates the order applies to both home and work settings (UN n.d.). According to the WAND study, applications for these orders "may only be made where the act of domestic violence has occurred or is likely to occur again" and cannot be made in order to prevent the onset of violence at first instance (June 2010, 4).

In order to seek relief under the Domestic Violence Act, according to the UN Women profile of Saint Kitts and Nevis, the applicant must be married or have been formerly married to the "abusive" person, or the applicant must be living with or have been formerly living with the "abusive" person as man and wife (even if they are not legally married), and the applicant must "prove" that violence has occurred or is about to occur against them (UN n.d.). However, in a telephone interview with the Research Directorate, a lawyer from a family law firm on Nevis Island indicated that protection orders can be granted to protect "a spouse, common law wife, a child or a dependant" (Lawyer, 17 Feb. 2014).

3.1.1 Procedures for Obtaining a Protection Order

According to two sources, a victim of domestic violence would make an application for a protection order at the Magistrate's Court, for which the person would not require a lawyer (UN n.d.; Lawyer 17 Feb. 2014); however, the lawyer said that, people usually hire a lawyer if they are able to do so (ibid.). The same sources note that the party accused of the abuse will be informed of the victim's application for a protection order and be given notice of the hearing of the application (ibid.; UN n.d.).

The lawyer indicated that when protection orders are granted, they are valid for seven days, during which time the "abuser" must appear before the court, and the Magistrate will determine if the protection order will be extended (Lawyer 17 Feb. 2014). The lawyer stated that if the court determines that the order should be upheld they will extend the period of the protection order, noting that "the circumstances will normally determine the length of the order" (ibid.).

Under "certain circumstances" the court may decide to order an interim protection order without notifying the "abusive" party (UN n.d.). Two other sources note that making applications for protection without giving notice to the accused party is possible (WAND June 2010, 5; Lawyer 17 Feb. 2014). However, according to the lawyer, if the order is granted, the court would notify the accused party (ibid.). The court can also dismiss applications for protection orders it determines are not needed (ibid.; WAND June 2010, 5).

According to a 2012 OAS-authored evaluation of the government of Saint Kitts and Nevis' implementation of the Belem Do Para Convention, the government of Saint Kitts and Nevis indicated that there had been no studies carried out in relation to how long it takes for the courts to provide a protection order when a complaint is made (OAS 26 March 2012, 9).

3.1.2 Statistics

The government reported that, in 2010, there were 245 cases of domestic violence reported, with 111 protection-order requests made, for which 68 protection orders were granted (ibid. 26 March 2012, 9). In 2012, there were 104 requests for protection orders, and 43 protection orders were granted (Saint Kitts and Nevis 21 Feb. 2014).

3.1.3 Enforcement of Orders and Sanctions for Breached Orders

Section 26 of the Domestic Violence Act indicates that penalties for violating a protection order are "a fine of not exceeding five thousand dollars [XCD, about $C2060 (XE 21 Feb. 2014b)] or imprisonment for a period not exceeding six months or both" (Saint Kitts and Nevis 2000, Sec. 26). Two sources indicate that such a violation is considered a criminal offence (UN n.d.; WAND June 2010, 6).

According to the lawyer, if the "abuser" breaches the protection order, the protected person can call the police, or report the breach to the court (Lawyer 17 Feb. 2014). The court can then issue a warrant for the person's arrest, or if police are called, they would arrest the person for the breach, or seek a warrant for their arrest and bring them to court (ibid.). The lawyer said that the court will determine the punishment for the breach depending on the "seriousness of the situation" (ibid.). UN Women reports that police may make an arrest without a warrant if they believe a protection order has been breached; however, in determining whether to make an arrest or not, officers are instructed by the Domestic Violence Act to consider the "need for a cooling off period" and the "seriousness" of the breach in assessing whether or not to make the arrest (UN n.d.).

In an article in the St. Kitts-Nevis Observer, the Director of Public Prosecution is reported to have commented that "public misconceptions" regarding offences such as rape and sexual offences "may be deterrents to female victims seeking the court's relief" (14 Feb. 2014b). Similarly, Country Reports 2011 described women in situations of domestic violence in Saint Kitts and Nevis as "reluctant to file complaints or pursue them in the courts" (US 24 May 2012, 8). Country Reports 2012 states that rape is often underreported due to victim fears of "stigma, retribution, further violence, or lack of confidence in the authorities" (ibid. 19 Apr. 2013). The Research Directorate conducted a telephone interview with a representative of the Change Centre, a counselling and support services organization for victims of domestic violence, and the only non-government organization in Saint Kitts and Nevisthat supports domestic violence victims (Change Centre 24 Feb. 2014). The representative indicated that the court system is beginning to take domestic violence "more seriously," however the problem remains that police may "make different judgments" about whether to intervene in a situation or not (ibid.). Furthermore, according to the representative,the family of a victim may pressure the victim not to report (ibid.).

4. Police Response to Domestic Violence

In 2011, the then newly appointed Commissioner of the police told the St. Kitts-Nevis Observer that he had been made aware of reports that police had ignored calls for assistance made by victims of domestic violence, who are mostly women, and that victims had been told that the police do not "'get involved'" in domestic affairs (qtd. in The St. Kitts-Nevis Observer 9 Dec. 2011). The article stated that he promised that this practice "would not be tolerated under his watch," encouraging the public to report incidents of domestic abuse (ibid.).

In correspondence with the Research Directorate, a representative of the Saint Kitts and Nevis Department of Gender Affairs wrote that "culturally, domestic violence is not viewed as a major offence" and many cases are not brought to court, or are withdrawn or dropped (Saint Kitts and Nevis 21 Feb. 2014). The representative added that, regarding police response to domestic violence,

[t]he procedure is to take the relevant information from the person making the call and the operator to dispatch the information to the appropriate personnel. The responding officer and the response time are at times contingent on the availability of the resources, personnel, and the proximity of the personnel to the location of the domestic violence. (...) The Police respond to domestic violence primarily from a law enforcement perspective and in the cases where there is no perceived immediate threat of violence to the victims the response time of the Police may vary. The Police are in need of human and other resources to be able to respond to domestic violence situations more appropriately and in a timely manner. There is need for staff, vehicles, appropriate gear, and if possible the creation of a division in the Police Force that is solely committed to addressing domestic violence matters. (ibid.)

However,the representative of the Change Centre indicated that police will respond to calls for assistance for domestic violence, but that this is dependant on "who is available" and "it is at their discretion" (Change Centre 24 Feb. 2014). The representative expressed the view that police may not respond as quickly as they should, and the Change Centre has heard from victims that police "may not take their calls seriously, may laugh and tell them to go home," or tell the caller that there is no car available (ibid.). The representative added that sometimes police do not respond to calls for assistance for domestic violence and may use their discretion when deciding whether to make an arrest or not (ibid.). The representative said that the police will make their own judgment call about whether to respond, and "sometimes have to see the act of violence themselves in order to make an arrest" (ibid.). Furthermore, the representative stated that "sometimes families will not allow the victim to go through the legal protection process and may make excuses for the perpetrator or protect the perpetrator, making it difficult to assist the victim" (ibid.). According to the representative, people will sometimes call the Change Centre instead of police or government services because there is a high likelihood they may see someone they know if they use government services (ibid.). The representative explained that the Change Centre will work with the victims and report cases that it identifies as requiring police intervention (ibid.).

A Special Victims Unit was created within the Royal Saint Christopher and Nevis Police Force (RSCNPF) on 1 April, 2012, to deal with issues including domestic violence and child abuse, among others, according to the government of Saint Kitts and Nevis website (13 Sept. 2012). The Change Centre representative indicated that on the island of Nevis, there are four police officers from the Special Victims Unit, which is linked to the Department of Social Services (24 Feb. 2014). According to Country Reports 2012, in the case of rape, reporting to authorities has "increased significantly" with the establishment of the Special Victims Unit (US 19 Apr. 2013).

UN Women reports that police in Saint Kitts and Nevis have a legal duty to prepare a written report when intervening in an incident of domestic violence, and that the police station has a duty to maintain records of domestic violence (UN n.d.). However, the government of Saint Kitts and Nevis indicated in its 2012 report to the OAS that it did not have records disaggregated by marital status or relationship to the agressor, among other things (OAS 26 Mar. 2012, 12).

Further information about police protocol and procedures in responding to domestic violence calls for assistance, including police effectiveness and response, could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

5. State Efforts to Combat Domestic Violence

According to the 2012 OAS report, St. Kitts and Nevis "unequivocally does not have an action plan or strategy for the prevention, punishment and eradication of violence against women within the state" (OAS 26 March 2012, 4). Without providing details, Country Reports 2012 indicated that the government offered counselling to victims of abuse and gave training sessions to police, nurses, guidance counsellors and other government employees on domestic and gender violence (US 19 Apr. 2013). The same source reports the government carried out public campaigns against sexual violence, through churches and workplaces, on radio, and in civil society (ibid.). Further information on state efforts to address domestic violence could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

6. Support Services, Shelters, Hotlines, and Legal Aid

The representative of the Department of Gender Affairs indicated that there are "no established shelters" for victims of domestic violence in Saint Kitts and Nevis, however there are provisions made for victims to be housed in "private and undisclosed places for a few days" (21 Feb. 2014). The representative of the Change Centre indicated similarly that there is no shelter, and that the organization can arrange for victims to stay with someone for a short time, though also noted that due to the costs associated with this, people are becoming reluctant to open their homes (24 Feb. 2014).

Without providing details, Country Reports 2012 indicated that the government maintains a hotline for domestic violence (US 19 Apr. 2013). The representative of the Department of Gender Affairs indicated there are three general hotline numbers for persons seeking assistance for themselves or others (21 Feb. 2014).

The lawyer indicated that there is no government legal aid system, although there are plans to introduce one (17 Feb. 2014).

Further information on shelters, hotlines, and organizations supporting victims of domestic violence 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.

References

Change Centre. 24 February 2014. Telephone interview with a representative.

Lawyer. 17 February 2014. Telephone interview with a lawyer at a law firm in Nevis.

Organization of American States (OAS). 26 March 2012. Follow Up Mechanism to the Convention of Belem Do Para (MESECVI). Saint Kitts and Nevis: Country Report. [Accessed 17 Feb. 2014]

Saint Kitts and Nevis. 21 February 2014. Correspondence from a representative of the Department of Gender Affairs to the Research Directorate.

_____. 13 September 2012. "Community Outreach Remains at the Core of Policing Strategy." [Accessed 17 Feb. 2014]

_____. 26 March 2012. Saint Kitts and Nevis: Response to the Questionnaire. (MESECVI-IV/doc.88/12). [Accessed 17 Feb. 2014]

_____. 2000. The Domestic Violence Act, 2000. [Accessed 17 Feb. 2014]

_____. 1873 (amended 2002). Offences Against the Person Act. [Accessed 17 Feb. 2014]

The St. Kitts-Nevis Observer. 14 February 2014a. "Footballer Walks on Rape Charge." [Accessed 17 Feb. 2014]

_____. 14 February 2014b. L.K. Hewlett. "DPP: Society Has a Perverse Perception of Sexual Offenses." [Accessed 17 Feb. 2014]

_____. 9 December 2011. L.K. Hewlett. "CoP: Domestic Violence Will Not be Tolerated." [Accessed 17 Feb. 2014]

United Nations (UN). N.d. UN Women, Caribbean Office. "Saint Kitts and Nevis." [Accessed 17 Feb. 2014]

United States (US). 19 April 2013. Department of State. Country Reports on Human Rights Practices for 2012. [Accessed 17 Feb. 2014]

_____. 24 May 2012. Department of State. Country Reports on Human Rights Practices for 2011. [Accessed 17 Feb. 2014]

_____. N.d. Central Intelligence Agency (CIA). "Saint Kitts and Nevis." The World Factbook. [Accessed 17 Feb. 2014]

Women and Development Unit (WAND), Consortium for Social Development Research,

University of the West Indies. June 2010. Richard K. Williams. Gender Analysis of the Domestic Violence Act of St. Christopher and Nevis (St. Kitts and Nevis). [Accessed 18 Feb. 2014]

XE. 21 February 2014a. "XE Currency Converter." [Accessed 21 Feb. 2014]

_____. 21 February 2014b. "XE Currency Converter." [Accessed 21 Feb. 2014]

_____. 19 February 2014. "XE Currency Converter." [Accessed 19 Feb. 2014]

Additional Sources Consulted

Oral sources: Attempts to contact the following organizations were unsuccessful within the time constraints of this Response: professor affiliated with Northwestern University; Caribbean Women's Association (CARIWA); Saint Kitts and Nevis - Ministry of Justice, Royal Saint Christopher and Nevis Police Force (Commissioner and Special Victims Unit).

Internet sites, including: BBC; Caribbean News Now; CARICOM; Digital Library of the Caribbean; ecoi.net; Factiva; Freedom House; Hot Peaches Pages Domestic Violence Directory; Human Rights Watch; Impowr.org; NATLEX; Protectionproject.org; Saint Kitts and Nevis - Ministry of Justice and Legal Affairs, Ministry of Social and Community Development, Culture and Gender Affairs, Royal St. Christopher and Nevis Police Force; SKNVibes; Sugar City FM; United Nations - Economic Commission for Latin American and the Caribbean, Integrated Regional Information Networks, Office of Drugs and Crime, Office of the High Commissioner of Human Rights, UN Women, Refworld, Secretary General's Database on Violence Against Women; West Indies News Network.

Attachments

1. Saint Kitts and Nevis. 2000. The Domestic Violence Act, 2000. [Accessed 17 Feb. 2014]

2. Saint Kitts and Nevis. 1887 (amended 2002). Criminal Law Amendment Act. [Accessed 17 Feb. 2014]

3. Saint Kitts and Nevis. 1873 (amended 2002). Offences Against the Person Act. [Accessed 17 Feb. 2014]