Saint Vincent and the Grenadines: Domestic violence; police response to complaints of domestic violence (May 2004-August 2005)

Domestic Violence

At a conference on violence against women, the Saint Vincent and the Grenadines' Minister with responsibility for Social Development and its Attorney-General both stated that they categorically oppose all forms of domestic violence (Caribbean Net News 17 Jan. 2005). According to Freedom House, domestic violence is a major problem on the island (23 Aug. 2004), even though the Domestic Violence (Summary Proceedings) Act 1995 offers women some protection (Saint Vincent and the Grenadines 17 Oct. 1995; Freedom House 23 Aug. 2004; Global Initiative to End All Corporal Punishment Mar. 2005). See the attached electronic excerpt from the Act.

Legislation

According to an undated article published by the Saint Vincent and the Grenadines Human Rights Association (SVGHRA), the Domestic Violence (Summary Proceedings) Act 1995 applies in Family Court to all citizens, regardless of their marital status (SVGHRA n.d.), while the Domestic Violence (Matrimonial Proceedings) Act 1984 applies in the High Court, but only to married couples (ibid.; ibid. 15 July 2005).

It is worth noting that these two acts give the courts the power to issue restraining orders against aggressors (ibid. n.d.). If the violent spouse does not respect such an order, the police can arrest him without a warrant, but they "must believe that the arrest is necessary to protect the applicant who was granted the order" (ibid.). The maximum penalty for breaching a protection order is a six-month prison term and/or a fine of 5,000 East Caribbean dollars (ibid.), which is approximately $2,273CAN (XE.com 8 Aug. 2005).

The Domestic Violence (Summary Proceedings) Act 1995 authorizes the courts to grant a protection order to any woman who can prove that her spouse or common-law partner has committed, tried to commit or threatened to commit acts of physical, mental or sexual abuse (SVGHRA n.d.; Saint Vincent and the Grenadines 17 Oct. 1995, Sec. 4(2)), or that he "has threatened to evict her and her children from the home they share" (SVGHRA n.d.). The Act also enables a woman who has been or is at risk of becoming a victim of domestic violence to obtain an occupation order granting her the right to live in the household residence (Saint Vincent and the Grenadines 17 Oct. 1995, Sec. 7 to 10; SVGHRA 15 July 2005). An occupation order forces the aggressor to leave the household residence for a specific period (ibid.; Saint Vincent and the Grenadines 17 Oct. 1995, Sec. 7(2) and 8(1)) and, possibly, to provide his wife or partner with financial support (ibid., Sec. 8(2)). According to the SVGHRA coordinator, this financial support could be in the form of rent for the household residence (15 July 2005).

If the abuse is so severe as to render the woman incapable of applying for a protection order, a family member such as a parent or grand-parent could apply on her behalf (SVGHRA n.d.). Similarly, a parent, guardian or anyone with whom an abused child lives can apply for a protection order on the child's behalf, as can certain public servants such as police officers, the Solicitor-General, social welfare officers and probation officers (ibid.). A protection order may forbid a child abuser from entering the child's home or school (ibid.).

In correspondence sent to the Research Directorate, an SVGHRA coordinator stated that despite the Domestic Violence (Summary Proceedings) Act 1995, no legal aid is offered in practice to poor women who want to take their domestic violence and child support complaints to court (ibid. 15 July 2005). However, the SVGHRA organizes a two-hour weekly meeting in which the public, including victims of domestic violence, can obtain legal advice (ibid.).

Initiating proceedings in the Family Court under the Domestic Violence (Summary Proceedings) Act 1995 does not involve high legal costs (ibid. n.d.), but recourse to the High Court, an option open to married couples only, can be very costly and is therefore unavailable to many poor women (ibid.; ibid. 15 July 2005). High Court proceedings are also slower (ibid. n.d.).

Police Response

According to the SVGHRA coordinator, there has been a marked improvement in police response since the 1980s (15 July 2005). Back then, police generally ignored domestic violence complaints (SVGHRA 15 July 2005). Today, however, police follow a training program that teaches them to respond to domestic violence complaints by following the procedure set out in the Act (ibid.).

Response from Other Organizations

According to the SVGHRA coordinator, non-governmental organizations (NGOs) do not have the financial resources to help victims of domestic violence (ibid.). However, the authorities recently purchased a building that, once renovated, will serve as a shelter for battered women (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 additional sources consulted in researching this Information Request.

References

Caribbean Net News. 17 January 2005. "Violence Against Women Unacceptable, Says St. Vincent Minister." [Accessed 14 July 2005]

Freedom House. 23 August 2004. "Saint Vincent and the Grenadines." Freedom in the World 2004. [Accessed 14 July 2005]

Global Initiative to End All Corporal Punishment of Children. March 2005. "St. Vincent and the Grenadines." [Accessed 14 July 2005]

Saint Vincent and the Grenadines. 17 October 1995. Domestic Violence (Summary Proceedings) Act, 1995 (Act No. 13 of 1995), 17 October 1995. Excerpts published in Harvard University's "Annual Review of Population Law" database. [Accessed 18 July 2005]

Saint Vincent and the Grenadines Human Rights Association (SVGHRA). 15 July 2005. Correspondence from a coordinator.
_____. N.d. Victor Cuffy. "Family Law Reform in the OECS." [Accessed 8 August 2005]

XE.com. 8 August 2005. "Universal Currency Converter." [Accessed 8 August 2005]

Additional Sources Consulted

Marion House could not respond to a request for information within the time contraints for this Response.

Internet sites, including: Amnesty International (AI), Child Rights Information Network, The Daily Star [Kingstown], European Country of Origin Information Network (ECOI.net), Human Rights Watch (HRW), One World, Saint Vincent and the Grenadines Human Rights Association, Searchlight [Kingstown], United States Department of State, World News Connection (WNC), Young Women's Christian Association (YWCA).

Attachment

Saint Vincent and the Grenadines. 17 October 1995. Domestic Violence (Summary Proceedings) Act, 1995 (Act No. 13 of 1995), 17 October 1995. Excerpts published in Harvard University's "Annual Review of Population Law" database. [Accessed 18 July 2005]