Saint Vincent and the Grenadines: Domestic violence, including legislation, availability of state protection and services (2010-2013)

1. Overview

Freedom House describes violence against women in Saint Vincent and the Grenadines as a problem that is "major" (2013). The US Department of State's Country Reports on Human Rights Practices for 2012 states that domestic violence and sexual violence are "serious and pervasive" and are among the "most serious human rights problems" in Saint Vincent and the Grenadines (19 Apr. 2013,1,9). During the 2011 Universal Periodic Review by the UN Human Rights Council, several countries expressed concern at the high rates of domestic violence in Saint Vincent and the Grenadines (11 July 2011, 6-7).

According to statistics compiled by the UN Office on Drugs and Crime (UNODC), there were 168 cases of sexual violence [rape and sexual assault] in 2010 and 426 cases in 2011 (UN 2012a). The rate of sexual violence was 154 cases per 100,000 people in 2010, and 389 cases per 100,000 people in 2011 (ibid.). In comparison, Canada's rate of sexual violence was 79 cases per 100,000 in 2010 and 77 cases per 100,000 in 2011 (ibid.). UNODC statistics indicate that in Saint Vincent and the Grenadines, there were 28 rape cases in 2010 and 56 rape cases in 2011, representing a rate of 26 rape cases per 100,000 people in 2010 and 51 rape cases per 100,000 people in 2011 (ibid. 2012b). In comparison, Canada's rate of rape was 1.7 cases per 100,000 people in 2010 and 1.6 cases in 2011 (ibid.).

Statistics on the number of women killed as a result of domestic violence in Saint Vincent and the Grenadines could not be found among the sources consulted by the Research Directorate.

In correspondence with the Research Directorate, a representative of Marion House, an NGO that provides counselling to victims of domestic violence and others, indicated that women have been killed as a result of domestic violence in Saint Vincent and the Grenadines, and provided two examples of murders allegedly motivated by domestic violence in 2013 (Marion House 16 Oct. 2013). In one example, a woman was allegedly shot eight times by her husband (ibid.). In the other example, a woman was killed with a cutlass by her common-law partner (ibid.). According to the representative, both women had protection orders against their abusers (ibid.). Further information about these two murders could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The Kingstown-based newspaper The Vincentian reports of the "violent death" of a 30-year-old woman in her home in Lodge Village on 29 April 2013, whose throat was slashed and body stabbed (The Vincentian 3 May 2013). While the article does not specify a suspect or motive of the attack, it notes that the incident occurred two weeks after a march highlighting the prevalence of gender-based violence in Saint Vincent and the Grenadines (ibid.).

The Toronto Star provides two examples of domestic violence attacks in a 2011 article: in one case, a man was charged with gunning down his wife and a female neighbour; in the other a "jealous boyfriend" attacked his girlfriend and her 25-year-old daughter with a machete and set their home on fire (12 Nov. 2011).

Sources indicate that there have not been any recent studies about domestic violence and/or sexual violence in Saint Vincent and the Grenadines (Marion House 16 Oct. 2013; OAS 16 Apr. 2012, 13).

2. Legislation

According to Country Reports 2012, the law does not specifically criminalize domestic violence, but charges can be brought against perpetrators under assault, battery, or other similar laws (US 19 Apr. 2013, 9). According to UNICEF, domestic violence legislation in the Eastern Caribbean, including Saint Vincent and the Grenadines, is "not sufficiently comprehensive" and is not enforced in some cases (UN Oct. 2011, 44). During the Universal Periodic Review, state authorities indicated that they are working to "strengthen the existing Domestic Violence Act," but did not provide details (ibid. 11 July 2011, Para. 30).

2.1 Procedures for Obtaining Protection and Occupation Orders

The 1995 Domestic Violence (Summary Proceedings) Act is the legislation providing for protection orders, occupation orders and tenancy orders (Saint Vincent and the Grenadines 1995).

Sources indicate that the Family Court is responsible for issuing protection and occupation orders (Marion House 16 Oct. 2013; Saint Vincent and the Grenadines 29 Oct. 2013; ibid. 1995). In correspondence with the Research Directorate, a Superintendent in the Royal Saint Vincent and the Grenadines Police Force (RSVGPF) who works in the Unit for Domestic Violence and Human Trafficking, stated that in issues of domestic violence, the police advise the victim to go to the Family Court for an occupation or protection order (Saint Vincent and Grenadines 29 Oct. 2013). Two sources state that the President of the Family Court hears the case and grants the order based on the evidence (ibid.; SVGHRA 1 Nov. 2013). The representative of Marion House, who played a role in the development of the Family Court earlier in her career, said that the victim goes to the Family Court, "fills out the form, and sees a counsellor to explain the situation. The Family Court will then investigate the matter before issuing the occupation or protection order and speak with the other party" (Marion House16 Oct. 2013). She said that if the other party does not show up, the Family Court can issue a "bench warrant" to have the police bring them in (ibid.). She expressed the opinion that the "bench warrant" system works effectively (ibid.).

In correspondence with the Research Directorate, a representative of the Saint Vincent and the Grenadines Human Rights Association (SVGHRA) said that there are standard forms for the applicant to complete to apply for the protection or occupation order, which require the applicant to explain the relationship with the offender and to outline the alleged offence of domestic violence (SVGHRA 1 Nov. 2013). The SVGHRA representative also said that, in addition to the Family Court, the victim also has the option of applying for a protection or occupation order at the High Court under the Domestic Violence and Matrimonial Proceedings Act (ibid.).

In a report analysing Saint Vincent and the Grenadines' implementation of the Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women, the Organization of American States (OAS) states that applications for protection orders must be heard within seven to fifteen days of filing the applications (OAS 16 Apr. 2012, 10). However, the SVGHRA representative said that the time it takes to be issued a protection or occupation order "will depend upon the date the court has given for the matter to be heard and whether the matter is in fact heard on the allocated date" (1 Nov. 2013).

According to the representative of Marion House, the Family Court is in session every day and in serious cases of domestic violence, such as those involving physical abuse, threats, and long-term issues, the victim can "usually receive the protection and/or occupation order the same day" (16 Oct. 2013). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the Police Superintendent, when a protection or occupation order is granted, a copy is given to the victim, the offender, and sent to the police (Saint Vincent and the Grenadines 29 Oct. 2013). However, the Marion House representative said that the victim who receives the protection or occupation order needs to give a copy of it to their local police station so that the police can act on it if there are further incidents (16 Oct. 2013).

The Marion House representative said that, based on statistics that she received from the Family Court, between January and June 2013 there were 143 protection orders and 137 occupation orders issued (16 Oct. 2013).

2.2 Enforcement of Orders and Breached Orders

The Police Superintendent said that if the protection or occupation order is breached, the victim can report the matter to the police and the police will investigate, and possibly arrest the offender and take the matter to court (Saint Vincent and the Grenadines 29 Oct. 2013). According to the Superintendent, the sentence for breaching a protection or occupation order is a $5,000 fine, 6 months in prison, or both (ibid.). The SVGHRA representative also said that if the order is breached, the police can arrest the offender (SVGHRA 1 Nov. 2013).

According to the representative of Marion House, the enforcement of protection orders is a "huge concern" (16 Oct. 2013). She said that there are "many cases" in which victims who have these orders go to the police, but the police do not enforce the orders, and the victims may continue to suffer abuse (Marion House 16 Oct. 2013). This information could not be corroborated among the sources consulted by the Research Directorate within the time constraints of this Response.

Statistics on cases of breaching protection orders or occupations orders reported to the police, investigated, prosecuted and convictions, could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3. State Protection

3.1 Family Court

In addition to the role of issuing protection, occupation and tenancy orders, the Marion House representative said the following about the Family Court:

The Family Court has responsibility for all issues related to families, including domestic violence and sexual violence. The Family Court does the preliminary investigation of domestic violence and sexual violence cases. If there is sufficient evidence, they refer the matter to the High Court. The Family Court has a full-time fully-trained counsellor, as well as a few family services counsellors, who have received 3-6 months training. The Family Court may also refer clients to the shelter or to counselling at Marion House. (16 Oct. 2013)

In their 2011 report to the UN Human Rights Council, state authorities described the Family Court as providing "a non-combative setting where punishment is not emphasized and where the role of the social support services is stressed" (Saint Vincent and the Grenadines 17 Feb. 2011, Para. 35). According to the Police Superintendent, in cases in which the victim does not want to press criminal charges, the Family Court offers a mediation process, in which counselors mediate between the two parties (ibid. 29 Oct. 2013). The Organization of American States (OAS) indicates that the Family Court "helps to ease the access to justice for women and guarantees them due process," with services including private hearings and counselling (26 Mar. 2012, 9).

3.2 Gender Affairs Division

The Gender Affairs Division of the government of Saint Vincent and the Grenadines was reportedly created in 2001 (Saint Vincent and the Grenadines 17 Feb. 2011). One of the objectives of the division is the "prevention and eradication of domestic violence" (ibid. n.d.). The division also provides "information and training to women and the general public on issues related to gender" (ibid., 17 Feb. 2011). Further details on protection and services provided by the Gender Affairs Division could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the OAS, there is no national action plan to address violence against women (26 Mar. 2012, 8).

3.3 Police

According to Country Reports 2012, the police are "reluctant to follow up on domestic violence cases" and violence against women is often committed with "impunity" (US 19 Apr. 2013, 9).

In terms of police protection available for women who fear retaliation from their spouse or partner, the representative from Marion House said that "[t]here is not much available," noting that the police do not have space to keep the victims and cannot provide 24-hour protection (Marion House 16 Oct. 2013). She said that although the police sometimes send witnesses abroad for protection during high-profile murder cases, this does not happen in cases of domestic violence (ibid.). She also said that the police "often give excuses" for not responding in cases of domestic violence, noting that police are "often short-staffed and often lack transportation" (ibid.). She provided an example in which a victim of domestic violence, who called the police while her abuser was firing a gun at her home, was told that the police could not come and that she would need to go to the station in order to make a report (ibid.). This information could not be corroborated among the sources consulted by the Research Directorate within the time constraints of this Response.

In a 2011 article in the Toronto Star, the President of the SVGHRA said that state protection for victims of domestic violence exists "only on paper" and claimed that many police officers commit acts of domestic violence themselves (12 Nov. 2011). This information could not be corroborated among the sources consulted by the Research Directorate within the time constraints of this Response.

In contrast to other sources, the Police Superintendent expressed the opinion that the police are "very effective" in responding to complaints of domestic violence (Saint Vincent and the Grenadines 8 Nov. 2013). She said that the "biggest challenge" that the police face in combating domestic violence is "getting victims to follow through on their cases" and to testify in court (ibid. 29 Oct. 2013). She explained that the police are trained to handle matters of domestic violence in a consistent manner, and to continue to provide support even in cases in which the victim calls for help repeatedly (ibid.). She stated that there are "enough police officers to handle cases of domestic violence", but also noted that the police are not able to provide 24-hour protection to victims who fear retribution from a spouse or partner (ibid.).

The SVGHRA representative also said that the police could not provide 24-hour protection (SVGHRA 1 Nov. 2013). She said that the only protection available to women who fear retaliation from a spouse or partner is to obtain a protection or occupation order or to make a report to the police to obtain a warning (ibid.).

Several sources indicate that the police receive training about domestic violence (Saint Vincent and the Grenadines 29 Oct. 2013; Marion House 16 Oct. 2013; UN 11 July 2011, Para. 30). According to the Police Superintendent, her unit provides training on domestic violence and human trafficking to new recruits at the police training school, which is part of the syllabus, so that all new officers are trained on these issues (Saint Vincent and the Grenadines 29 Oct. 2013). In addition, she indicated that experienced police officers have all received police training on these issues (ibid.). The Police Superintendent also noted that there are 151 female police officers in the police force (ibid. 8 Nov. 2013).

The police unit devoted to domestic violence and human trafficking was created in 2012 (Saint Vincent and the Grenadines 29 Oct. 2013; ibid. 1 Mar. 2012; I-Witness News 2 Apr. 2012). The unit is located at the Questelles Police Station [on the main island near Kingstown] and consists of two police officers (Saint Vincent and the Grenadines 29 Oct. 2013; I-Witness News 2 Apr. 2012). According to the Superintendent leading the unit, activities undertaken include community outreach about domestic violence and human trafficking, such as going to schools to inform students about their rights and where to go for help (Saint Vincent and the Grenadines 29 Oct. 2013).

In May of 2008, the Consul General of Saint Vincent and the Grenadines in Toronto at that time provided a letter to Canadian authorities, asking that they employ "humanitarian considerations" when assessing the case of a woman under a deportation order who feared for the safety of herself and her son if they were returned to Saint Vincent and the Grenadines (Saint Vincent and the Grenadines 21 May 2008). In the letter, the Consul stated:

I believe that the Police in St. Vincent and the Grenadines will treat this matter with utmost seriousness and professionalism, but unfortunately, given their limitations and challenges, a twenty-four hour daily protection, which [the claimant] will apparently need against this kind of perpetrator mentioned in her documents, cannot be guaranteed. (ibid.)

When asked about current state protection available to victims of domestic violence in Saint Vincent and the Grenadines, the Consulate General of Saint Vincent and the Grenadines in Toronto did not provide comment on this issue within the time constraints of this Response.

4. Support Services

Sources report that Saint Vincent and the Grenadines has a crisis centre that provides short-term shelter for victims of domestic violence (US June 2013; Saint Vincent and the Grenadines 29 Oct. 2013; Marion House 16 Oct. 2013). Country Reports 2012 and the representative from Marion House said that the shelter opened in 2012 (US 19 Apr. 2013, 9; Marion House 16 Oct. 2013). The Police Superintendent thought the shelter opened in 2013 (Saint Vincent and the Grenadines 29 Oct. 2013). She said that police can refer victims of domestic violence to the crisis centre, which she said can house approximately 10 families, including children up to the age of 18 (ibid.). She noted that even though the country is very small, the crisis centre is private and in "a secret location" (ibid.). According to the US Department of State's 2013 Trafficking in Persons Report, trafficking victims may also be accommodated at this shelter (June 2013).

Information about the timeframe for staying at the shelter varied among sources: the Marion House representative said that victims can stay there for up to a week (16 Oct. 2013), while the Police Superintendent thought that the victims could stay at the shelter for up to three months (Saint Vincent and the Grenadines 29 Oct. 2013). Without providing details, the Marion House representative indicated that access to the shelter is through the Permanent Secretary of the Ministry of National Mobilization, Social Development, Family, Gender Affairs, Persons with Disabilities and Youth (12 Nov. 2013). Country Reports 2012 stated the following about the shelter:

The government opened a crisis centre in April for survivors of domestic violence, which has a secret location, received referrals from the family court, and also served as a temporary shelter for women and children in between homes. However, the shelter was inadequate to meet the needs of local women because it could be accessed only through court order, precluding assistance to those in immediate crisis. (US 19 Apr. 2013, 9)

Information about hotlines for victims of domestic violence could not be found among the sources consulted by the Research Directorate.

Sources indicate that Marion House provides counselling to victims of domestic violence (Marion House 16 Oct. 2013; SVGHRA 1 Nov. 2013).

The Vincentian reports that Leave Out Violence in SVG (LOVNSVG), an NGO established in 2012, held a march and rally in April 2013 to raise awareness of the problem of gender-based violence (26 Apr. 2013). Further information about this NGO could not be found among the sources consulted by the Research Directorate.

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

Freedom House. 2013. "St. Vincent and the Grenadines." Freedom in the World 2013. [Accessed 30 Oct. 2013]

I-Witness News. 2 April 2012. "New Police Unit to Handle Domestic Violence, Child Abuse Cases." [Accessed 31 Oct. 2013]

Marion House. 12 November 2013. Correspondence from a representative to the Research Directorate.

_____. 16 October 2013. Telephone interview of a representative by the Research Directorate.

Organization of American States (OAS). 26 March 2012. Saint Vincent and the Grenadines Country Report. [Accessed 29 Oct. 2013]

Saint Vincent and the Grenadines. 8 November 2013. Unit of Domestic Violence and Human Trafficking, Royal Saint Vincent and the Grenadines Police Force. Correspondence from the Superintendent to the Research Directorate.

_____. 29 October 2013. Unit of Domestic Violence and Human Trafficking, Royal Saint Vincent and the Grenadines Police Force. Telephone interview with the Superintendent.

_____. 1 March 2012. "Police to be Better Equipped to Deal with Domestic Disputes Soon." [Accessed 31 Oct. 2013]

_____. 17 February 2011. National Report Submitted in Accordance with Paragraph 15(a) of the Annex to Human Rights Council Resolution 5/1. (A/HRC/WG.6/11/VCT/1) [Accessed 29 Oct. 2013]

_____. 21 May 2008. Cosulate General of Saint Vincent and the Grenadines in Toronto. Letter from the Consul General.

_____. 1995. Domestic Violence (Summary Proceedings) Act, 1995. [Accessed on 29 Oct. 2013]

_____. N.d. Division of Gender Affairs. "General Information." [Accessed 30 Oct. 2013]

Saint Vincent and the Grenadines Human Rights Association (SVGHRA). 1 November 2013. Correspondence from a representative to the Research Directorate.

Toronto Star. 12 November 2011. Jennifer Yang. "Is This Caribbean Idyll the Worst Place in the World to be a Woman?" [Accessed 29 Oct. 2013]

United Nations (UN). 2012a. United Nations Office on Drugs and Crime (UNODC). "Sexual Violence." [Accessed 29 Oct. 2013]

_____. 2012b. United Nations Office on Drugs and Crime (UNODC). "Rape." [Accessed 29 Oct. 2013]

_____. 11 July 2011. Human Rights Council. Report of the Working Group on the Universal Periodic Review. Saint Vincent and the Grenadines. (A/HRC/18/15) [Accessed 29 Oct. 2013]

_____. October 2011. UNICEF. Situation Analysis of Children and Their Families in the Eastern Caribbean. [Accessed 29 Oct. 2013]

United States (US). June 2013. Department of State. "St. Vincent and the Grenadines." 2013 Trafficking in Persons Report. [Accessed 31 Oct. 2013]

_____. 19 April 2013. Department of State. "Saint Vincent and the Grenadines." Country Reports on Human Rights Practices for 2012. [Accessed 29 Oct. 2013]

The Vincentian [Kingstown]. 3 May 2013. "Another Female Killed." [Accessed 29 Oct. 2013]

_____. 26 April 2013. "Citizens March and Rally Against Violence." [Accessed on 29 Oct. 2013]

Additional Sources Consulted

Oral sources: Attempts to contact representatives from the following organizations were unsuccessful: Saint Vincent and the Grenadines - Consulate General in Toronto, Commissioner of Police, Division of Gender Affairs, Family Court; Bar Association.

Internet sites, including: Amnesty International; cananewsonline.com; Caribbean 360; CARICOM; Factiva; Freedom House; Human Rights Watch; International Federation for Human Rights; Nationnews.com; Saint Vincent and the Grenadines - Ministry of Legal Affairs, Ministry of National Security; UN - Refworld, UNDP, UN Women.