Grenada: Domestic violence legislation, including implementation and effectiveness; protection, recourse and services available to victims as provided by the legislation

1. Overview

According to Grenada's 2010 National Domestic Violence and Sexual Abuse Protocol for Grenada, which was commissioned by the Ministry of Social Development and the Grenada National Organisation of Women (GNOW), an umbrella women's NGO that works on training, advocacy, and "direct intervention" (The Caribbean NGO Database n.d.b), although comprehensive national data on the prevalence of domestic violence does not exist, available statistics and data from interviews suggest that "rates of domestic violence are high" (Grenada Apr. 2010). The National Protocol indicates that the Ministry of Social Development's Domestic Violence Unit records an average of ten victims per month, and also states that there are "growing levels of gender based violence in Grenada, especially in relation to intimate partner violence and sexual violence" (ibid.).

Sources indicate that domestic violence is often not reported (ibid.; US 24 May 2012, 8). The US Department of State's Country Reports on Human Rights Practices for 2011 adds that domestic violence is underreported because women are economically dependent on the male perpetrators of violence (ibid.). Sources indicate that women earn less money than men (ibid.; Freedom House 2012), and that there is a high rate of poverty among women (IAGDO n.d., 8). In a telephone interview with the Research Directorate, a representative of the Legal Aid and Counselling Clinic (LACC), an NGO that provides legal services, counselling, public education and advocacy in Grenada (CSI n.d), indicated that the social infrastructure to support the Domestic Violence Act is weak, as there is a lack of social safety net for domestic violence victims, such as those who are being abused by the household's breadwinner (4 Feb. 2013).

On 2 August 2012, the Ministry of Social Development reported that there have been four domestic homicides since the beginning of the year (Grenada 3 Aug. 2012). The Royal Grenada Police Force police commissioner reportedly indicated that three of these homicides occurred within eight days (The New Today 16 Aug. 2012), while Prime Minister Tillman Thomas reportedly indicated that these homicides occurred over a few weeks (Carib Journal 3 Aug. 2012). Sources report on the dismemberment of some of the domestic homicide victims (GNOW 31 Jan. 2013; Jamaica Observer 30 July 2012).

Sources report that a senior member of Grenada's main opposition party, the New National Party, assaulted his partner with a machete on 1 January 2013, and was released on bail (The New Today 24 Jan. 2013; Associated Press 4 Jan. 2013) for 6,000 East Caribbean dollars [C$2214 (XE 6 Feb. 2013)] (The New Today 24 Jan. 2013; Caribbean360 4 Jan. 2013).

In a telephone interview with the Research Directorate, a representative of GNOW indicated that sometimes domestic violence occurs after the end of a relationship, as there have been cases of men not returning children to their mother after visitation in an attempt to hold the children for "ransom" until the woman agrees to resume the relationship (31 Jan. 2013). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2. Legislation

2.1 Domestic Violence Act 2010

The Domestic Violence Act 2010 was passed in December 2010 and came into force in May 2011 (LACC 4 Feb. 2013; NCDF n.d.). The LACC representative stated that, although the basic provisions are similar, the Domestic Violence Act 2010 is an improvement of the Domestic Violence Act 2001 (4 Feb. 2013). According to Country Reports 2011, the Domestic Violence Act 2010 prohibits domestic violence and indicates that penalties are decided by a judge and are dependent on the offense (US 24 May 2012, 8). According to the government of Grenada, this Act includes increased penalties for repeat offenders (Grenada 19 Apr. 2011).

Sources indicate that the Domestic Violence Act 2010 makes it mandatory for police officers on the scene to notify domestic violence victims of their rights (LACC 4 Feb. 2013, NCDF n.d.), which, according to the Domestic Violence Programe Officer at the Ministry of Social Development, includes information on rights to request police assistance for protection (ibid.). The Officer adds that perpetrators must also be notified of their rights (ibid.). The LACC representive added that the new legislation requires police officers to respond to all reports of domestic violence and file a report to the police commissioner, whereas previously police officers would use their own discretion on when to respond to domestic violence complaints (4 Feb. 2013).

The LACC representative noted further improvements from the Domestic Violence 2001 Act, including that the Domestic Violence Act 2010:

broadens the category of women who can apply for protection under the domestic violence legislation from women who "cohabit" or "used to cohabit" with their partners, to women in dating relationships or "visiting relationships";

allows courts to order mandatory counselling for perpetrators as a term of a protection order, whereas such counselling used to be "recommended";

brings together the three various types of orders under the Domestic Violence Act 2001- the protection order, tenancy order, and occupation order - under the terms of a protection order (4 Feb. 2013). Further information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The LACC representative stated that the Domestic Violence Act 2010 is civil legislation rather than criminal legislation (4 Feb. 2013). The Domestic Violence Act 2010 is meant to protect domestic violence victims, but offenses, such as assault or attempted murder, are prosecuted under the criminal code (LACC 4 Feb. 2013; Grenada 14 Jan. 2013). The LACC representative further stated that the Domestic Violence Act is only quasi-criminal when there is a breach of a protection order, in which case this breach could be taken to a court under the Domestic Violence Act (4 Feb. 2013).

According to the Inter Agency Group of Development Organisations (IAGDO), the Domestic Violence Act 2010 is "well utilized in Grenada" (n.d., 12). The LACC representative indicated that it is still not possible to determine the extent to which the Domestic Violence Act 2010 has been implemented (4 Feb. 2013). She stated that the Domestic Violence Act 2010 operates within a social context that does not consider domestic violence to be an important issue (4 Feb. 2013). The GNOW representative stated that the Ministry of Social Development is working on sensitization (4 Feb. 2013). According to the LACC representative, there has been "some progress" on sensitization, but Grenada has not reached a stage of "zero tolerance" for domestic violence, and there is still work to be done (4 Feb. 2013).

According to the minutes of the Forum for Non-Governmental Organizations (NGOs) on the Prevention of Domestic Violence in our Communities, in a discussion about the Domestic Violence Act 2010, NGOs reportedly raised concerns related to the proper collection of data, tools for laboratory personnel, how to deal with police perpetrators of domestic violence, and sensitization to the Domestic Violence Act (NCDF 29 Aug. 2011).

2.2 Police and Courts

The LACC representative indicated that police have been trained on the Domestic Violence Act 2010 (LACC 4 Feb. 2013). According to The New Today, a Grenadian newspaper, after the three aforementioned 2012 homicides, Grenada's police commissioner commanded police officers to learn about their responsibilities under the Domestic Violence Act 2010 and to ensure that the Act is "stringently applied" (16 Aug. 2012). Further information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the LACC representative, implementation of the Domestic Violence Act 2010 varies among police stations and police officers (4 Feb. 2013). She expressed her opinion that police officers are products of their social context, and added that law enforcers must first acknowledge the seriousness of domestic violence (4 Feb. 2013). The GNOW representative indicated that, when they are called, the police have been acting on domestic violence cases (31 Jan. 2013). Similarly, Country Reports 2011 states that police "usually acted promptly in cases of domestic violence " (US 24 May 2012, 8).

According to the GNOW representative, problems often occur before a case of domestic violence appears in court, including that women often do not want to pursue the case because they have been threatened, they are afraid or they are unemployed (31 Jan. 2013). According to the Ministry of Social Development, under the criminal code, it is not the responsibility of the victim to decide if he or she wants to file charges, and "when a criminal charge has been laid by the State, it cannot be withdrawn simply at his or her request" (Grenada 14 Jan. 2013). Further information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The GNOW representative indicated that sometimes courts order jail time for perpetrators, depending on the nature of the situation, but imprisonment is not ordered in a "large proportion" of domestic violence cases (31 Jan. 2013). She also said that, in "a lot" of cases, when men are released from prison, they "create problems" for the women (31 Jan. 2013). According to the GNOW representative, one of the victims of the 2012 homicides was killed by her partner, who had previously been in jail for domestic violence (31 Jan. 2013). Further information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The LACC representative indicated that police are getting "slightly better" in handling breaches of protection orders (4 Feb. 2013). She indicated that four to five years ago, police officers would often send victims to LACC to report breaches of protection orders, but now police officers know that acting on breaches of protection orders is in their jurisdiction (4 Feb. 2013). However, the LACC representative also stated that the response to the "way too many" protection order breaches is often "slow" (4 Feb. 2013). She partly attributed the slow response to insufficient police resources, adding that police officers may not have a police vehicle to respond to an imminent domestic violence incident (4 Feb. 2013). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. The LACC representative also said that sometimes police officers do not follow up with breaches of protection orders, and she believes that although the attitude of police officers towards complaints is "slightly better," it still needs work (4 Feb. 2013).

According to the LACC representative, a perpetrator's compliance with a protection order varies depending not only on the person, but also on whether the person believes that law enforcement officers will take such breaches seriously or not; therefore compliance with protection orders is linked to how effective police officers are at responding to breaches (4 Feb. 2013). The GNOW representative indicated that sometimes perpetrators do not follow protection orders, and that there have been cases when perpetrators drop the children off after visitation and either rape or attempt to rape their former partner (31 Jan. 2013). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3. Shelter

Sources report on one shelter in Grenada (US 24 May 2012, 8; GNOW 31 Jan. 2013; LACC 4 Feb. 2013). According to the LACC representative, besides this shelter, there are "no other places of safety" (4 Feb. 2013). This shelter is called "Cedars Home" and is run by the Ministry of Social Development (LACC 4 Feb. 2013; IAGDO n.d., 9). According to Country Reports 2011, the shelter is in northern Grenada, and accomodates approximately 12 abused women and their children (US 24 May 2013, 8). However, according to the LACC representative, boys are only accepted at the shelter when they are very young, which can pose a problem for women with boys (4 Feb. 2013). The GNOW representative stated that "sometimes" a woman's children can stay at the shelter, but this depends on the number of children that a woman has (31 Jan. 2013). The LACC representative stated that the conditions are "basic" and that women are not provided with sufficient programs to help "empower" them to move on after spending time at the shelter (4 Feb. 2013). Sources indicate that Cedars Home is a temporary shelter (The Caribbean NGO Database n.d.a; LACC 4 Feb. 2013), with the GNOW representative stating that women can only stay at the shelter for six months (31 Jan. 2013). The LACC representative indicated that, although the shelter is supposed to be a short-term "emergency" shelter, sometimes short-term becomes long-term (4 Feb. 2013). She said that there is no transitional housing and that women must find alternative arrangements with family or others in the community (4 Feb. 2013). Sources indicate that after leaving the shelter sometimes women must return to the perpetrator of violence (LACC 4 Feb. 2013; GNOW 31 Jan. 2013). The GNOW representative noted that a woman who returned to her home after leaving the shelter was subsequently killed (ibid.). Corroborating or further information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

4. Other Services

In 2003, the Ministry of Social Development established a "Domestic Violence Unit" with the goal of providing "protection and support structures" to address domestic violence (Grenada 26 Oct. 2010). The Ministry of Social Development states that the Unit engages in activities such as public awareness raising, education, community outreach, basic counselling assistance, and disseminating educational materials (ibid.).

Sources indicate that the LACC-run "Man to Man" program provides counselling to domestic violence perpetrators (NCDF n.d.) and works on anger-management skills (GNOW 31 Jan. 2013). However, according to the GNOW representative, this program does not seem to be effective for many of the men who participate (ibid.). Sources say that LACC also runs a program called "Changes" targeted to women victims of gender based violence (IAGDO n.d., 11; GNOW 31 Jan. 2013). This program works on women's self-esteem and helps them to recognize when they are in danger (ibid.).

5. Relocation

Sources indicate that, because Grenada is very small, it is not possible for a domestic violence victim to safely relocate to another city in Grenada (LACC 4 Feb. 2013; GNOW 31 Jan. 2013). Grenada is 133 square miles (Grenada 29 Jan. 2010). The LACC representative indicated that it is not possible for someone to be anonymous or invisible in Grenada (4 Feb. 2013). The GNOW representative similarly stated that domestic violence victims will be found regardless of where they go on the island (31 Jan. 2013).

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

Associated Press. 4 January 2013. "Grenada Legislator Resigns Following Domestic Violence Charge in Machete Assault on Partner." (Factiva)

Carib Journal. 3 August 2012. "Grenada Prime Minister Tillman Thomas Calls for Calm After Spate of Attacks." [Accessed 4 Feb. 2013]

Caribbean360. 4 January 2013. "Senior Grenada Opposition Party Member Charged with Assault." [Accessed 30 Jan. 2013]

The Caribbean NGO Database. N.d.a. "Cedars Home." [Accessed 1 Feb. 2013]

_____. N.d.b. "Grenada National Organisation of Women." [Accessed 1 Feb. 2013]

Caribbean Support Initiative (CSI). N.d. "Grenada: GRENSAVE - Grenada Save the Children Development Agency." [Accessed 1 Nov. 2011]

Freedom House. 2012. "Grenada." Freedom in the World 2012. [Accessed 30 Jan. 2013]

Grenada. 14 January 2013. "Statement from the Ministry of Social Development." [Accessed 5 Feb. 2013]

_____. 3 August 2012. "Statement from the Ministry of Social Development on the Recent Spate of Violence in Grenada." [Accessed 1 Feb. 2013]

_____.19 April 2011. "Caravan to End Family Violence and Strengthen Families." [Accessed 14 Feb. 2013]

_____. 26 October 2010. "Ministry of Social Development." [Accessed 1 Feb. 2013]

_____. April 2010. National Domestic Violence and Sexual Abuse Protocol for Grenada. Sent to the Research Directorate from a representative of the Grenada National Organisation of Women, 4 February 2013.

_____. 29 January 2010. "About Grenada." [Accessed 1 Feb. 2013]

Grenada National Organisation of Women (GNOW). 4 February 2013. Correspondence from a representative to the Research Directorate.

_____. 31 January 2013. Telephone interview with a representative.

Inter Agency Group of Development Organisations (IAGDO). N.d. Shadow Report to CEDAW Committee. By A. Anande Trotman-Joseph. [Accessed 5 Feb. 2013]

Jamaica Observer. 30 July 2012. "Grenada Teacher Charged in Young Woman's Slaying" [Accessed 5 Feb. 2013]

Legal Aid and Counselling Clinic (LACC). 4 February 2013. Telephone interview with a representative.

The New Today [St. George's]. 24 January 2013. "Gabriel Henry Out, Oliver Joseph In." [Accessed 6 Feb. 2013]

_____. 16 August 2012. "RGPF to Step Up on Acts of Domestic Violence." [Accessed 4 Feb. 2013]

NGO Caribbean Development Foundation (NCDF). N.d. Forum for Non-Governmental Organizations (NGOs) on the Prevention of Domestic Violence in our Communities. Minutes of the meeting held in St. George's, Grenada, 29 August 2011. [Accessed 1 Feb. 2013]

United States (US). 24 May 2012. Department of State. "Grenada." Country Reports on Human Rights Practices for 2011. [Accessed 1 Feb. 2013]

XE. 6 February 2012. "Currency Converter Widget." [Accessed 6 Feb. 2013]

Additional Sources Consulted

Oral sources: Attempts to contact a representative of the Caribbean Association for Feminist Research and Action, and the Ministry of Social Development were unsuccessful within the time constraints of this Response.

Internet sites, including: Amnesty International; ecoi.net; Factiva; Freedom House; Grenada - Director of Public Prosecution, Ministry of Legal Affairs, Royal Grenada Police Force, Supreme Court Registry; Heinonline; Human Rights Watch; Legislationline; Natlex; Oceana; Organization of American States; Rule of Law in Armed Conflicts Project; United Nations - Convention on the Rights of the Child, Human Rights Council, Refworld, UNWomen; Women Watch.