Belize: Domestic violence, including state protection

1. Overview

Several sources indicate that domestic violence in Belize remains a significant problem (WIN Belize 12 Nov. 2012; US 24 May 2012, 12; Mary Open Doors n.d.a). However, according to Mary Open Doors, a resource centre and temporary shelter for victims of domestic violence in Belize (ibid. n.d.b), talking about it is considered a '''taboo'," especially in rural areas, and is "highly linked" to social problems such as crime and poverty (ibid. n.d.a).

The US Department of State's Country Reports on Human Rights Practices for 2011 for Belize indicates that domestic violence is more prevalent in the Belize District, which includes Belize City, than in other districts (24 May 2012, 12). The Annual Report 2011 produced by the Women's Department of Belize, the government agency responsible for promoting gender equality and equity (Belize n.d.a), indicates that during that year, 425 cases of domestic violence were reported throughout the country (ibid. 2011, 20). The breakdown of the number of cases by district is: Belize (105), Orange Walk (83), Stann Creek (70), Corozal (60), Toledo (55), and Cayo (52) (ibid.). Country Reports 2011 indicates that, between January and June 2010, there were 81 reported cases of domestic violence against children under the age of 14 (US 24 May 2012, 14). The same report indicates that statistical information for 2011 on domestic violence against children was not available (ibid., 13-14).

In correspondence with the Research Directorate, a representative of the Women's Issues Network of Belize (WIN Belize), a network of organizations that advocate for policies, mechanisms and services that promote the empowerment of women in Belize (WIN Belize n.d.), indicated that cases of domestic violence are often unreported (12 Nov. 2012). Similarly, CTV3 News, a news station in Belize, reports that cases of domestic violence are often unreported, while those that are reported are often withdrawn (20 Mar. 2012). Country Reports 2011 indicates that, in many cases, the government was unable to prosecute individuals for domestic violence and sexual abuse both against children under age 14, because victims or their families "were reluctant to press charges" (US 24 May 2012, 14).

2. Legislation

A report presented by the government of Belize at the 11th session of the Regional Conference on Women in Latin America and the Caribbean, hosted by the UN Economic Commission for Latin America and the Caribbean (UNECLAC), indicates that a new Domestic Violence Act was promulgated in 2007 and came into force in October 2008 (Belize June 2010, 4). The document highlights some of the provisions introduced in the new legislation, including the following:

protection orders lasting for up to three years;

the option to add the requirement to provide for child support;

the requirement that any weapon used in domestic violence incidents must be taken to the police;

"more severe" penalties for breaching any order: on first conviction, a fine of up to 9,000 Belizean dollars (BZD) [C$4,526 (XE 15 Nov. 2012a)], or imprisonment for 12 months, or both; on second conviction, a fine of between 12,000 BZD [C$6,034 (ibid. 15 Nov. 2012b)] and 15,000 BZD [C$7,543 (ibid. 15 Nov. 2012c)], or imprisonment for 24 months, or both; and on subsequent convictions, the offender can be sentenced to imprisonment for five years;

the category of people who can apply for protection orders broadened to include "de facto spouses or persons in visiting relationships";

the definition of domestic violence broadened to include financial abuse;

extending the powers of the police to intervene in cases of domestic violence (Belize June 2010, 4).

The Domestic Violence Act of 2007 lists the following types of orders available to victims:

protection orders: prohibiting the respondent from acts such as being on the premises specified in the order, communicating with the applicant, and taking possession of property "reasonably used by the applicant" (Belize 2007, Sec. 5);

counselling orders: ordering the respondent, applicant, child or any other person to receive professional counselling or therapy (ibid., Sec. 5, 6);

orders for payment of financial compensation: ordering the respondent to pay financial compensation for loss of earnings and expenses such as medical, dental, legal services and for relocation (ibid., Sec. 7);

occupation orders: granting the applicant the right to live in the residence for the period indicated by the court (ibid., Sec. 8);

tenancy orders: ordering the respondent to pay the rent or a portion of the rent of the residence occupied by the applicant (ibid., Sec. 5, 8);

Interim orders: temporary protection orders dictated by the court while the application process for a protection order is completed (ibid.). Such orders cannot be for a period longer than 21 days (ibid., Sec. 11).

The Act indicates that application for these orders can be made at a family court or a "court of summary jurisdiction" (ibid., Sec. 2-3), and a hearing must be scheduled within five days (ibid., Sec. 14). Protection orders can be requested on the grounds that "the respondent is engaging, has engaged, or threatens to engage" in domestic violence (ibid., Sec. 3). In a telephone interview with the Research Directorate, the WIN Belize representative indicated that protection orders for victims of domestic violence "are not difficult to obtain" (ibid. 13 Nov. 2012).

3. Protection Available to Victims

3.1 Women's Department

The Women's Department provides support in cases of domestic violence, sexual harassment, sexual assault, and legal separation, among others (Belize 2011, 13). Support provided by the Women's Department includes court advocacy, such as court preparation, assistance in dealing with the police, and referrals (ibid.). The Women's Department also provides training, including:

workshops, training and information sessions in areas such as of gender-based violence, domestic violence, and sexual violence, which benefitted 13,028 people in 2011 (ibid., 3);

the "Gender Awareness Safe School Program," which benefitted 1,694 students in 15 schools nationwide in 2011 through information sessions on themes such as domestic violence, sexual harassment and gender issues (ibid.);

training for 117 police officers on the Domestic Violence Protocol for Police Officers in 2011 (ibid., 3-4);

The International Models Project on Women's Rights (IMPOWR), a project initiated in 2008 by the American Bar Association "to establish a global collaborative research database on women's rights under law" (IMPOWR n.d.), indicates that the Women's Department also provides training on domestic violence issues to prosecutors, magistrates, community nurses, social workers, and religious and community leaders (ibid. 10 Nov. 2011).

3.2 The Belize Police Department

The new Domestic Violence Protocol for Police Officers was developed through consultations with police officers, court officials, support workers and advocates of victims of domestic violence between October and December 2010 (Belize 22 May 2012, ii). The new protocol replaces the one created in 2005 and includes sections such as guiding principles, police response procedures, court orders and directives on their enforcement, risk assessment, and procedures to submit complaints concerning inadequate police response, among others (ibid., Sec. 2, 4, 5, 7).

Concerning police effectiveness in addressing domestic violence cases, the WIN Belize representative indicated that, even though the Women's Department provides training to the police, there are problems with implementation of the protocol (WIN Belize 13 Nov. 2012). She indicated that the main problem is that training is not done continuously; thus, when police officers are moved to other areas within the institution, new officers do not receive training on the protocol (ibid.). Additional information on the application of the Domestic Violence Protocol for Police Officers could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3.3 Office of the Ombudsman

The Office of the Ombudsman receives complaints against Belizean governmental agencies (Belize n.d.b). The Domestic Violence Protocol for Police Officers indicates that victims of domestic violence can file complaints for inadequate police response with the Office of the Ombudsman (ibid. 22 May 2012, 22). Complaints can be filed by mail, fax, e-mail (ibid.), or in person (ibid. n.d.c). Complaint forms are available at the Office of the Ombudsman, Women's Department offices in all districts, women's shelters, public libraries, and groups working with victims of domestic violence (ibid. 22 May 2012, 22). The domestic violence protocol indicates that the applicant should receive an acknowledgement of the complaint by the Ombudsman's office within 15 days of being filed (ibid., 23). The protocol also indicates that, within 90 days of filing the complaint, the applicant should receive a final response; or if the complaint has not been resolved, information on further actions needed (ibid.). Further information on actions by the Office of the Ombudsman in cases of domestic violence could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

However, sources indicate that the Office of the Ombudsman has been vacant since December 2011 (Amandala 9 Nov. 2012; WIN Belize 13 Nov. 2012). According to the WIN Belize representative, vacancy in the Office of the Ombudsman means that "no one is there to take complaints" since the ombudsman is the only employee in the office (ibid.).

3.4 Legal Aid

The Women's Department has been organizing free legal advice clinics in Belize (Belize 2011, 41; ibid. June 2010, 9). In March 2010, a free legal clinic on gender-based violence took place in the southernmost district of the country, considered the poorest one in Belize (ibid.). On 26 November 2011, another free legal aid clinic took place in San Ignacio Town with four attorneys who provided guidance to 13 people mainly in the areas of child custody and spousal or child support (ibid. 2011, 41). Another free clinic took place on 7 December 2011 in Belize City, where 70 people where counselled by attorneys on issues such as child custody, legal separation, and spousal support (ibid.).

The WIN Belize representative indicated that the legal aid system lacks personnel and that people "living in the districts" are challenged to access this service (WIN Belize 12 Nov. 2012). She indicated that there are no legal aid offices in the districts and that victims encounter difficulties in finding transportation to Belize District (ibid. 13 Nov. 2012). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3.5 Shelters

Sources indicate that Belize has two shelters for victims of domestic violence (WIN Belize 12 Nov. 2012; UN 6 Jan. 2011). The Haven House shelter was founded in 1993 and is located in the District of Belize (ibid.). It receives a government subvention of US$12,500 and provides shelter and services such as counselling, court advocacy, referrals, and assistance during transitions (ibid.). The services are provided in English (ibid.). The website of the NGO Caribbean Development Foundation (NCDF), an organization that contributes to the development of NGOs in the Caribbean with focus on human rights and women's rights (NCDF n.d.a), indicates that there is no direct phone line with the shelter and persons seeking their assistance need to go through the Women's Department at the Domestic Violence Unit, at the police department (ibid. n.d.b).

Another shelter is Mary Open Doors, an NGO that was created in 2008 and is located in the Cayo District (UN 6 Jan. 2011). It provides services such as court advocacy, basic counselling for women and children, parenting classes, and assistance in obtaining skills training (Mary Open Doors n.d.c). According to the shelter, it receives 40 to 50 walk-in cases per month from persons seeking assistance in these areas (ibid.). From November 2009 to December 2010, Mary Open Doors received 385 walk-in cases for issues such as rape, incest, suicide and domestic violence, among others (ibid. n.d.d). The shelter provides services in English and Spanish (UN 6 Jan. 2011).

The WIN Belize representative indicated that shelters face financial and staffing challenges to provide "sustained programs" (WIN Belize 12 Nov. 2012). During the telephone interview with the Research Directorate, the representative noted that since "capacities of shelters are very limited," they are often overcrowded (ibid. 13 Nov. 2012). She further explained that the shelter in the Belize District has only three bedrooms for an equal number of women with their children (ibid.). 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.

References

Amandala [Belize City]. 9 November 2012. Adele Ramos. "Orders for Crime-ridden Areas Signed by Ag. Minister of National Security." [Accessed 19 Nov. 2012]

Belize. 22 May 2012. Ministry of Human Development, Social Transformation and Poverty Alleviation, Women's Department. Domestic Violence Protocol for Police Officers. [Accessed 12 Nov. 2012]

_____. 2011. Ministry of Human Development, Social Transformation and Poverty Alleviation, Women's Department. Annual Report 2011. [Accessed 12 Nov. 2012]

_____. June 2010. Quito Consensus Country Report - Belize. [Accessed 15 Nov. 2012]

_____. 2007. Domestic Violence Act, 2007. [Accessed 9 Nov. 2012]

_____. N.d.a. Ministry of Human Development, Social Transformation and Poverty Alleviation. "Women's Department." [Accessed 14 Nov. 2012]

_____. N.d.b. Office of the Ombudsman. "The Ombudsman of Belize." [Accessed 15 Nov. 2012]

_____. N.d.c. Office of the Ombudsman. "How to Make a Complaint." [Accessed 15 Nov. 2012]

CTV3 News. 20 March 2012. "Orange Walkenos Ride Against Domestic Abuse." [Accessed 15 Nov. 2012]

International Models Project on Women's Rights (IMPOWR). 10 November 2011. "Summary: Domestic Violence in Belize." [Accessed 12 Nov. 2012]

_____. N.d. "About IMPOWR." [Accessed 15 Nov. 2012]

Mary Open Doors. N.d.a. "Domestic Violence in Belize." [Accessed 12 Nov. 2012]

_____. N.d.b. "Welcome to Mary Open Doors!!!" [Accessed 14 Nov. 2012]

_____. N.d.c. "Scope of Work." [Accessed 12 Nov. 2012]

_____. N.d.d. "2008 to 2010 Numerical Data." [Accessed 12 Nov. 2012]

The NGO Caribbean Development Foundation (NCDF). N.d.a. "About The NCDF." [Accessed 15 Nov. 2012]

_____. N.d.b. "Haven House." [Accessed 12 Nov. 2012]

United Nations (UN). 6 January 2011. The Secretary General's Database on Violence Against Women. "Shelters for Victims of Violence." [Accessed 12 Nov. 2012]

United States (US). 24 May 2012. Department of State. "Belize." Country Reports on Human Rights Practices for 2011. [Accessed 12 Nov. 2012]

Women's Issues Network of Belize (WIN Belize). 13 November 2012. Telephone interview with a representative.

_____. 12 November 2012. Correspondence from a representative to the Research Directorate.

_____. N.d. "About Win Belize." [Accessed 15 Nov. 2012]

XE. 15 November 2012a. "Currency Converter Widget." [Accessed 15 Nov. 2012]

_____. 15 November 2012b. "Currency Converter Widget." [Accessed 15 Nov. 2012]

_____. 15 November 2012c. "Currency Converter Widget." [Accessed 15 Nov. 2012]

Additional Sources Consulted

Oral sources: Attempts to contact representatives of the following organizations were unsuccessful: Belize - Ministry of Human Development, Social Transformation and Poverty Alleviation, Police Department; Haven House; Mary Open Doors.

Internet sites, including: Amnesty International; Belize - Ministry of Health; Center for Reproductive Rights; Child Rights Information Network; ecoi.net; Freedom House; The Guardian; Human Rights Watch; United Nations - Integrated Regional Information Networks, Refworld, ReliefWeb, World Health Organization.