Saint Vincent: Implementation of the 1995 Domestic Violence Act (June 1998 to May 1999)

During a 14 May 1999 telephone interview with the Coordinator of the Saint Vincent and Grenadines Human Rights Association it was stated that the Domestic Violence Acts (Domestic Violence and Matrimonial Proceedings Act of 1994 and Domestic Violence Summary Proceedings Act of 1995) were being "implemented to the maximum" and that protection orders were being utilized. However the Coordinator stated that women are reluctant to prosecute perpetrators of domestic violence for reasons of financial dependance and often prefer settlement out of court.

The Coordinator added that women who are victims of domestic violence go to the Social Welfare Department, the Women's Affairs Department or human rights organizations which provide them with counselling and advice. Victims may also register a complaint directly with the Family Court where they are given a court date. All of these institutions are situated in Kingstown. The Coordinator further added that all services are provided free of charge and that there are venues for legal aid if the victim wishes legal representation, or she may pay for a lawyer herself. The Coordinator added that there is no support system of homes of refuge for battered women nor any state-run support systems in terms of social benefits.

A 14 May 1999 interview with the Coordinator of the Department of Women's Affairs stated that the Domestic Violence Act has given the family court full jurisdiction over matters of domestic violence. The court can serve protection orders which may entail physical removal from the home or forbidding telephone or work place contact of the perpetrator with the victim; they cover common law as well as marital relationships. The act gives police the power of arrest if perpetrators are in breach of orders from the court and makes provision for both victims and perpetrators to receive counselling if the president of the court deems this necessary.

The Coordinator added that from October to December of each year since 1995, Saint Vincent and the Grenadines has emphasized issues of particular concern to women through an annual media information campaign. This campaign has specifically sought to address the needs of women inhabiting rural areas. Part of this campaign takes place in schools at all levels, from the elementary level onward, where discussion sessions are held and where laws and the mechanisms which have been put in place to fight against domestic violence are discussed. Part of these sessions pertain to the necessity to report and prosecute domestic violence offences.

The Coordinator added that based on discussions which have taken place during these sessions, flyers and leaflets are produced which attempt to bring to light an understanding of domestic violence in the framework of various conventions such as The Convention on the Rights of the Child. The coordinator also stated that a cartoon booklet entitled Belling the Cat has been published for children addressing the question of silencing victims of domestic violence, particularly those of incest and battery. As well, the Department of Women's Affairs organizes regular awareness-raising sessions for police officers and efforts have been made to assign at least one female police officer to each police station. The Coordinator also added that for the last quarter of 1998, three to four per cent of cases of domestic violence were supported by sufficient evidence to be brought to the high court.

According to an Internet article posted by the International Women's Health Coalition, entitled "CEDAW Meets in New York to Review Reports from 8 Countries," the Coordinator of the Saint Vincent and Grenadines Women's Bureau also represented the islands at the sixteenth and seventeenth sessions of the General Assembly of the Committee on the Elimination of Discrimination against Women (CEDAW) which took place in January 1997. A summary of the report presented at the assembly which refers to the implementation of the Domestic Violence Act indicates that a Family Court and legal aid have been introduced since inception of the act.

The CEDAW Committee blamed "Pervasive traditional, social, and cultural values, as well as generally accepted behaviour patterns ..." as factors and difficulties affecting the implementation of the Convention. (ibid., 22)

A 14 May 1999 telephone interview with the Director of Marion House, a Kingstown social services agency which is cited in Country Reports 1998 states that changes in laws and the signing of conventions have made the public of Saint Vincent and the Grenadines more sensitive to the issue of domestic violence. However, the Director stated that the problem of ingrained attitudes persists and that those in authority, such as lawyers or police officers who are in a position to apply the law, maintain an attitude whereby matters of domestic violence are considered to be of concern to the family and as a result may not follow instituted procedures as they should.

The Director also mentioned that economic pressure is an element which deters women from prosecuting the offenders since men may be the family's sole source of income and their prosecution or incarceration may deprive the family of means. The Director corroborated that there is no shelter for battered women on Saint Vincent and that staff at Marion House may informally ask sympathetic persons to put up a victim. The Director added that "the system itself will work for you, but the problem lies with ingrained attitudes which serve to hamper proper implementation of the law."

Successive Country Reports on Human Rights Practices from 1995 to 1999 cite domestic violence as a human rights issue in Saint Vincent and the Grenadines. The reports for 1995 and 1996 list "...violence against women (particularly domestic violence) as a major problem", further adding: "The Government has failed to take steps to determine the seriousness of the problem. To speed up the judicial handling of such cases, the Government established a family court under the Domestic Violence Act of 1995." Country Reports 1997 states: "...The Government took legislative steps to address this problem through the Domestic Violence/Matrimonial Proceedings Act (1994) and the more accessible Domestic Violence Summary Proceedings Act (1995). Both laws provide for protective orders, as well as occupation and tenancy orders, although the former is only accessible through the High Court, whereas the latter can be obtained without the services of a lawyer in family court."

Subsequent reports for 1998 and 1999 continue to cite violence against women and children as major human rights issues for the country.

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 to refugee status or asylum.

References

Country Reports on Human Rights Practices for 1999. 1998. United States Department of State. Washington, DC: United States Government Printing Office.

Country Reports on Human Rights Practices for 1998. 1997. United States Department of State. Washington, DC: United States Government Printing Office.

Country Reports on Human Rights Practices for 1997. 1996. United States Department of State. Washington, DC: United States Government Printing Office.

Country Reports on Human Rights Practices for 1996. 1995. United States Department of State. Washington, DC: United States Government Printing Office.

Country Reports on Human Rights Practices for 1995. 1994. United States Department of State. Washington, DC: United States Government Printing Office.

Marion House, Kingstown. 14 May 1999. Telephone interview with the Director.

International Women's Health Coalition: 23 May 1997. "CEDAW Meets in New York to Review Reports from 8 Countries." [Internet] International Women's Health Coalition: [Accessed: 12 May 1999]

Report of the Committee on the Elimination of Discrimination against Women (Sixteenth and seventeenth sessions). 1997. General Assembly Official Records Fifty-second Session Supplement No. 38 (A/52/38/Rev.1). New York: United Nations.

Saint Vincent and Grenadines Human Rights Association, Kingstown. 14 May 1999. Telephone interview with the Coordinator.

Women's Affairs Division, Kingstown. 14 May 1999. Telephone interview with the Coordinator.