Committee of Experts on Violence (CEVI)
ORGANIZATION OF AMERICAN STATES
INTER-AMERICAN COMMISSION OF WOMEN
FOLLOW-UP MECHANISM OEA/Ser.L/II.7.10
CONVENTION OF BELÉM DO PARÁ (MESECVI) MESECVI-II/doc.21/08
SECOND CONFERENCE OF THE STATE PARTIES 20 June 2008
9 - 10 July, 2008 Original: English
Caracas, Venezuela
.
BARBADOS
RESPONSE TO THE QUESTIONNAIRE/
COUNTRY REPORT/
OBSERVATIONS BY THE COMPETENT NATIONAL AUTHORITY (CNA)
RESPONSE TO THE QUESTIONNAIRE FOR EVALUATING IMPLEMENTATION
OF THE INTER-AMERICAN CONVENTION ON THE PREVENTION,
PUNISHMENT, AND ERADICATION OF VIOLENCE AGAINST WOMEN,
“CONVENTION OF BELÉM DO PARÁ”
(I) LAWS. REGULATIONS IN FORCE. NATIONAL PLANS
1. Are there criminal, civil and administrative provisions in your domestic laws for the prevention punishment and eradication of violence against women?
1.1 Have laws and regulations been amended or abolished in order to modify juridical and customary-law practices that help to perpetuate or tolerate violence against women?
In keeping with Article six of the CEDAW Convention, legislation against domestic violence was enacted in Barbados based on the CARICOM model. The enactment of the Domestic Violence (Protection Orders) Act and the Sexual Offences Act of 1992 attempts to address the issue of domestic violence in the following ways:
• bring domestic violence to an end;
• protect the victims of domestic violence; and
• change the public and private attitudes which have failed to discourage domestic violence.
The Domestic Violence (Protection Orders) Act allows the victim to report the abuse to the police. The abuser can be arrested and charged with a criminal offence. This Act entitles the victim to apply to the court for a Protection Order. This is done by visiting the Magistrate(s Court for the district in which you live and completing a form.
1.2 Were standards of this type adopted by your government after the ratification of the Convention of Belém do Pará?
The Domestic Violence (Protection Orders) Act and the Sexual Offences Act were enacted in 1992.
a. Are there established penalties for assailants who harass, threaten or endanger the lives of women, jeopardize their integrity, or harm their property? If so, what are they?
The Act states that the court can
• Order the abuser out of the home of the victim, adult or child, even if the home is his;
1. Order the abuser to keep away from the victim’s work place or the school of the abused child;
• Order the abuser not to enter the area of the home or work place of the victim or area of the child’s school;
• Order the abuser not to come within a specified distance of the victim or the child;
• Order that the abuser should not enter the home while drunk or under the influence of drugs;
• Order the abuser to leave the home;
• Order that the abuser continue to pay the rent, mortgage, utilities, or taxes for the home;
• Order that the abuser be fined $5,000.00 or imprisoned for 12 months or both. The abuser can also be arrested and taken back to court;
b. Are there penalties for transnational forms of violence against women, including trafficking in women and children and forced prostitution? If so, what are they?
Women and girls are protected under the Sexual Offences Act from being forced into prostitution. The Act states that:
A person who
• Procures a minor under sixteen years of age to have sexual intercourse with any person either in Barbados or elsewhere; or
• Procures another for prostitution, whether or not the person procured is already a prostitute, either in Barbados or elsewhere or
• Procures another to become an inmate of a brothel or to frequent a brothel whether the person procured is already an inmate of a brothel in Barbados or elsewhere, is guilty of an offence and is liable on conviction on indictment to imprisonment for fifteen years.
A person who
• By threats or intimidation procures another to have sexual intercourse with any person either in Barbados or elsewhere; or
• By deception procures another to have sexual intercourse with any person either in Barbados or elsewhere; or
• Applies, administers to or causes to be taken by any person nay drug, matter or thing with intent to stupefy or overpower that person so as thereby to have sexual intercourse with that person, is guilty of an offence and is liable on conviction on indictment to imprisonment for fifteen years.
A person who detains another against that other’s will is
• In or upon any premises with intent that the person detained may have sexual intercourse with any person; or
• In any brothel,
is guilty of an offence and is liable on conviction on indictment to imprisonment for fifteen years.
A person who unlawfully takes away or causes to be taken away or detains another person against the will of that person with intent
• To marry or to have sexual intercourse with the other person; or
• To cause the person to marry or to have sexual intercourse with any other person, is guilty of an offence and is liable on conviction to imprisonment for ten years.
A person who
• Being the owner, occupier or manage of premises; or
• Having control of premises or assisting in the management or control of premises induces or knowingly suffers a minor under sixteen years of age to resort to or to be in or upon the premises for the purpose of having sexual intercourse with any person is guilty of an offence and
• Where the minor is under fourteen years, is liable on conviction on indictment to imprisonment for life; and
• Where the minor is fourteen years or over but under sixteen years is liable on conviction on indictment to a term of ten years.
It is a defense for a person charged under this section to prove that he did not know nor had no reason to believe or suspect that the minor was under the age of sixteen years.
A person shall not be charged for an offence under this section if the minor is the spouse of that person.
A person who
• Keeps or manages or acts or assists in the management of a brothel; or
• Being the tenant, lessee, occupier or person in charge of any premises or any part thereof to be used as a brothel or for the purposes of prostitution; or
• Being the lessor or landlord of any premises, or the agent of the lessor or landlord, lets the same or any part thereof with the knowledge that the premises or some part thereof are or is to be used as a brothel, or is willfully a part to the continued use of the premises or any part thereof as a brothel,
is guilty of an offence and is liable on summary conviction to imprisonment for a term of five years or to a fine of $5,000.00 or both.
A person who
• Knowingly lives wholly or in part on the earnings of prostitution; or
• In any place solicits for immoral purposes,
is guilty of an offence and is liable on summary conviction to imprisonment to a fine of $5,000.00 or to imprisonment for five years or to both.
If it appears to a magistrate by complaint on oath, that there is reason to suspect that any premises is used for purposes of prostitution and that any person residing in or frequenting the premises is living wholly or in part on the earnings of prostitution, the magistrate may issue a warrant authorizing any constable to enter, if need by force, and search the premises and to arrest that person.
Where a person is proved to
• Live with or to be habitually in the company of a prostitute; or
• Is proved to have exercise control, direction, or influence over the movement s of a prostitute in such a manner as to show that the person is aiding, abetting or compelling the prostitution with any other person or generally, that person shall be deemed to be knowingly living on the earnings of prostitution unless the person proves the contrary.
A person who for purposes of gain, exercises control, direction or influence over the movements of a prostitute in a way which shows that the person is aiding, abetting or compelling the prostitution is guilty of an offence and is liable on conviction to imprisonment for five years.
There are no penalties for trafficking in women.
c. Does the criminal code punish marital sexual violence?
The Criminal code recognizes marital sexual violence only under the following conditions:
• A decree nisi of divorce;
• A separation order within the meaning of section 2 of the Family Law Act;
• A separation agreement; or
• An order for the husband not to molest his wife or have sexual intercourse with her.
A husband who commits the offence of rape is liable on conviction on indictment to imprisonment for life.
d. Do the standards in force provide for compensation for women who are victims of violence?
In cases of physical assault, the presiding judge has the authority to order the accused to compensate the victim for injuries sustained.
e. Are there penalties for public officials who fail to enforce laws against violence? If so, what are they?
If members of the Royal Barbados Police Force fail to enforce laws against violence, they can be charged with neglect of duty or discreditable conduct. If those persons are found guilty, they can be dismissed from service, suspended or fined.
f. Are there any legal provision on compulsory assistance and re-education for violent men?
There are no legal provisions on compulsory assistance and reeducation for violent men but if a male is convicted of a violent crime, the court can order some kind of anger management or rehabilitation for him.
g. Is there any legal or administrative provision that makes a permanent training on gender issues for public officials compulsory?
There is no legal or administrative provision that makes a permanent training on gender issues for public officials compulsory. However, training has been conducted with the Police Force and other members of the Judiciary in Domestic Violence intervention Strategies.
Training for the members of the Royal Barbados Police Force in domestic intervention was seen as a crucial aspect in the elimination of domestic violence. As a result, a module in domestic violence was incorporated into the training of officers at the Royal Barbados Police Force. All new police recruits are now trained in domestic violence intervention. Modules in domestic violence based on the Commonwealth Secretariat(s Manual (Guidelines for Police Training on Violence against Women and Child Sex Abuse((, is now included ion the training programme of members of the Royal Barbados Police Force.
The Centre for Gender and Development Studies offers a one (1) month summer certificate course in Gender and Development in which public officers can participate.
2. Has a national strategy or plan of action been adopted on the prevention, punishment and eradication of violence against women?
2.1 Which agency is in charge of the design of that national strategy or plan of action?
The Bureau of Gender Affairs is charged with the design of the national strategy or plan of action. The Welfare Department is the agency mandated to deal with incidences of domestic violence while the Child Care Board is mandated to deal with issues of Child Abuse.
2.2 Which agency is in charge of implementing that national strategy or plan of Action? Are there integrated inter-sectoral strategies? If so, which agencies take part in them?
The Bureau of Gender Affairs is charged with the design of the national strategy or plan of action. The Welfare Department is the agency mandated to deal with incidences of domestic violence while the Child Care Board is mandated to deal with issues of child abuse.
The Bureau of Gender Affairs, the Welfare Department and the Child Care Board are departments under the Ministry of Social Transformation. These departments collaborate with each other in order to carry out their mandate and to ensure that the human rights of women and children are protected.
The mandates of these departments are integrally linked to the overall mandate of the host ministry, the Ministry of Social Transformation which is charged with the responsibility of ensuring that the government strategies / initiatives for women and children are implemented.
2.3 Have the plan of action or strategies carried out been evaluated?
If so, what have been the results to date?
If no evaluation has been performed, is one planned? If so, in what time frame?
A national plan of action was developed in 1995 for the submission to the United Nations Fourth World Beijing Platform for Action. In this Plan, there was a call for:
• the provision of adequate shelter for abused women and girls;
• an increase in the number of female police officers to assist with women who have been victims of crime;
• the reviewing and streamlining of the judicial procedures relating to sexual offences;
• rape cases to be heard in camera;
• appointment of female judges;
• counselling for victims of rape and other sexual offences; and
• the establishment of a body to deal with complaints and to monitor issues as they arise.
The Bureau of Gender Affairs in collaboration with its stakeholders is in the process of developing a National Policy on Gender
2.4 Is a periodic review foreseen for the plan of action or strategy, based on evaluations of the results of its implementation?
Although there is no established monitoring body to ensure the implementation of the recommendations, all the recommendations except the establishment of a body to deal with complaints and to monitor issues as they arise have been achieved.
2.5 How are strategies linked at the provincial and municipal level.
This question is not relevant to our country.
3. Has a national mechanism been set up to follow up on implementation of the Convention of Belem do para? If so, which agency is in charge of its follow-up at the national level?
The Bureau of Gender Affairs is responsible for the follow-up on the implementation of the Convention of Belem do Para.
4. Are legislators, advisers, and other parliamentary staff provided with information on gender issues, in particular as regards violence? How has that information been provided?
Training has been conducted with the Police Force and other members of the Judiciary in Domestic Violence intervention Strategies.
Training for the members of the Royal Barbados Police Force in domestic intervention was seen as a crucial aspect in the elimination of domestic violence. As a result, a module in domestic violence was incorporated into the training of officers at the Royal Barbados Police Force. All new police recruits are now trained in domestic violence intervention. Modules in domestic violence based on the Commonwealth Secretariat’s Manual (Guidelines for Police Training on Violence against Women and Child Sex Abuse((, is now included ion the training programme of members of the Royal Barbados Police Force. In addition The Bureau of Gender Affairs has supported various initiatives which aim to prevent and eradicate violence in our community.
In addition to the module on domestic violence (which now forms part of the Royal Barbados Police Force(s training), a handbook on the subject has since been published in 2004 by the Barbados Police Association.
4.1 Have training seminars on violence against women been held for this target group?
Yes.
4.2 Have visits to legislatures by experts on violence against women been arranged?
Yes.
4.3 Has information on violence against women been distributed to national, provincial and local lawmaking bodies?
Yes
4.4 Other methods (Please describe them)
The Bureau of Gender Affairs has collaborated with International agencies such as UNIFEM to produce televised skits and ads on domestic violence.
5. Are there parliamentary committees specifically concerned with gender issues? If so:
How do they function in the framework of national legislatures?
How do they function in the framework of provincial legislatures?
There are no parliamentary committees specifically concerned with gender issues.
(II) ACCESS TO JUSTICE
1. Is there prompt, regulated proceeding to protect women who are victims of violence and to punish assailants?
1.1 With which authority should complaints be filed?
• the Commissioner of Police or any police officer acting on his behalf
• a Welfare Officer or Child Care Officer on behalf of an abused child
1.2 Are the offices responsible adequate for the caseload, both in terms of geographic coverage and the incidence of violence recorded in that area?
Yes
1.3 Are there police stations and other specialized servicesfocused on women’s issues that have protocols on victim(s assistance in their languages?
In terms of the Royal Barbados Police Force, interpreters are part of that body. If none are available in a particular language, the department contacts the respective Embassy responsible for the individual.
1.4 On average, what is the time lag between the receipt of a complaint and the adoption of special measures to protect the physical and psychological integrity and property of women who are victims of violence?
Persons in need of protection can apply to the court to obtain a Protection Order against their spouse or a former spouse who continues to abuse them. By law, the application should be heard within two days after the abuser receives notice of it. If the court cannot deal with the application within the two-day period, it deals with it as soon as possible. The court considers these matters to be extremely important and deals with them quickly.
The Bureau continues to strengthen its linkages with its stakeholders to keep the issue of domestic violence and other forms of gender-based violence in the public domain.
A Victim Support Group was established by the Royal Barbados Police Force. It is a non-profitable Voluntary Organization. It was established in December 1998 to offer emotional and practical support to nationals, non-nationals and their families and friends, who have suffered traumatic experiences as a result of various crimes such as robbery, sexual offences, burglary and domestic services.
1.5 Are there measures to ensure the safety of women who are victims of violence, their families and witnesses? Is so what are there?
Immediate help can be obtained awaiting the actual court hearing. The court can grant an Interim Protection Order in cases of desperate situations to ensure the victims and their children(s safety. Oral or written evidence is required before the court makes an interim order. A Protection Order remains in force for at least twelve months.
The court can:
• Order the abuser out of the home of the female victim or that of an abused child, even if the home is that of the perpetrator.
• Order the abuser not to come to the female’s work place or the school of the abused child.
• Order the abuser not to enter the area of the home of the female victim or her child.
• Order the abuser not to come within a specified distance of the female victim or her child.
• Order that the abuser should not enter the home while drunk or under the influence of drugs.
• Order the abuser to leave the female victim’s home.
• Order that the abuser be fined $5,000.00 or imprisoned for 12 months or both. The abuser can also be arrested and taken back to court.
A member of the Police Force may without a warrant enter any premises to assist a victim if:
• he/she has reasonable grounds to suspect that a protection order is being violated; or
• He/she is invited and has reasonable grounds to suspect that the victim or the children have suffered, or are in immediate danger of suffering physical injury by the abuser.
1.6 Do women who are victims of violence have access to pro bono legal assistance?
Yes. This is provided for by the Family Services Division of the Welfare Department as well as Legal Aid Services.
1.7 Is the creation encouraged of groups of professionals to provide assistance to women who are victims of violence in order to pursue the relevant procedures designed to protect women and punish assailants.
The National Forum Against Domestic Violence (NFADV) was established in 2002 with a vision to make every Barbadian aware of the effects of domestic violence on individuals and groups, and in so doing reduce the incidence of domestic violence and facilitate the restoration of the family unit.
During 2003, the Bureau implemented a number of programmes which aimed to combat and eliminate violence against women. These include the provision of services for victims and offenders through referrals to relevant agencies and the provision of funding and technical assistance to women groups to engage in education and support services.
The Business and Professional Women(s Club provides crisis intervention, emotional support and information to non-resident members of the community who are experiencing family violence.
1.8 Are there models of intervention for women(s assailants?
There are no models of intervention for women assailants. If any of the behaviour of the women who are housed within of the Shelter for abused women is viewed as that of a perpetrator then the personnel at the shelter try to encourage them to change their behaviour.
2. Do Officials in charge of processing complaints of violence receive training on the prevention, punishment, and eradication of violence?
Yes. The Police Training Centre in collaboration with the Canada Caribbean Gender Equity Fund conducted a two-day workshop for Trainers in 2000. The target group included Police Officers.
Barbados is one of the Caribbean countries which participated in the regional Training of Trainers Programme on Domestic Violence Intervention. Nine (9) persons including six (6) Police Officers were trained through the programme. Since 2001, these nine persons have started the process of training others.
During the period September 2001 to July 2002, CAFRA implemented a training Programme for Police Officers and other front line Social Workers in domestic violence intervention, in collaboration with the Association of Caribbean Commissioners of Police. Those trained to date include Police Officers, Social Welfare Officers, Staff from the Government Industrial School, a few Guidance Counsellors, Staff from the Queen Elizabeth Hospital (mainly nurses) and members of the Barbados Christian council and the Child Care Board.
2.1 Is there supervision of officials that handle and implement proceedings on violence against women?
Yes.
2.2 Are they informed of the penalties to which they could be liable for interaction or misconduct in connection with proceedings on violence against women?
Yes.
2.3 Do the Officials that handle and implement proceedings on violence receive training on gender and on perspective and on prevention, punishment, and eradication of violence?
The Caribbean Association of Feminist Research and Action (CAFRA) implemented a training programme for Police Officers in 2001 in collaboration with the Association of Caribbean Police Commissioners. With the assistance of UNIFEM a training manual was also prepared and is currently used as part of the curriculum at the Police Training School.
3. Is there a system of support designed to serve the immediate needs of victims of violence? If so:
3.1 Are there free emergency hotlines to provide advice to women who are victims of violence? Are such hotlines available all over the country?
There are a number of support systems available to violence victims. The Business and Professional Women’s club provided crisis intervention, emotional support and information to non-resident members of the community who are experiencing family violence. A hotline is operational 24 hours a day to men, women and children in need.
An NGO Group ( Parent Education for Development in Barbados (PAREDOS) also operates a Family in Crisis Hotline.
3.2 Are there shelters to care for women violence victims and their children? If so, are they of a public nature, or both?
In 1999, The Barbados Government established a shelter for Battered women in fulfillment of its commitment to provide services to improve the welfare of abused women. The location of the shelter is not publicized.
Just for Kids is a privately run facility and caters to both boys and girls who are victims of domestic violence. It has the capacity for fifteen (15) children.
3.3 Is the geographic distribution of shelters appropriate bearing in mind the number of complaints of violence received?
Being a small island, 166 square miles, having one shelter is not a problem. The difficulty comes in the area of capacity. It is too small to contend with the demand.
3.4 Is the creation of self (help groups for women who are victims of violence encouraged?
Yes. The formation of such groups is encouraged by PAREDOS and the National Forum against Domestic Violence.
3.5 What type of free family guidance counseling services are available in the Country?
The Business and Professional Women’s Club provides follow-up counseling to women who are victims of violence and assist them with finding alternative housing and employment.
The Family Services Unit of the Welfare Department is also mandated in the domestic violence legislation to provide follow-up support to families affected by domestic violence.
PAREDOS offers face to face counseling, education and training programmes on building self-esteem, problem solving and conflict resolution. This organization also hosts workshops on peer counseling, living values, parenting, special training programmes for men and others, which bring abusers and victims together.
The Psychiatric Hospital provides marital, individual and group counseling to abused women. Several persons attend the Out-patient Mental Health Clinics at the Polyclinics.
The National Assistance Board also provides counseling through the Bereavement Hotline.
3.6 What type of rehabilitation programs are implemented for women violence victims?
A number of programmes and activities are undertaken on an annual basis to promote self- confidence, independence and individual decision making with respect to these persons. Some of the programmes include:
• The attendance of past and present clients to Computer Training courses conducted by students and a professor form Quinnipiac University, Hamden Connecticut.
• The participation of clients in Drug Awareness
• Programmes and Parenting Conferences.
• Participation in Housekeeping Courses.
• The participation of children housed at the shelter in the Children Homework Programme.
• Participation in the Schools( Adolescent and Primary Multi-media Programme - Living with Family Violence.
Other programmes include:
• The participation of clients in the Urban Development Commission Health and Safety in the Workplace
• The participation of client advocate in Domestic Violence Conferences in Trinidad and Barbados.
3.7 Mention any other support system in place.
A Victim Support Group was established by the Royal Barbados Police Force. It is a non-profitable Voluntary Organization. It was established in December 1998 to offer emotional and practical support to nationals, non-nationals and their families and friends, who have suffered traumatic experiences as a result of various crimes such as robbery, sexual offences, burglary and domestic violence.
The Church, peer and support groups and the victim’s family forms other support systems.
Persons who are no longer in the shelter for abused women can also obtain counseling from a small crisis centre which is also operated by the Barbados Professional Women(s Club.
3.8 Are there any social programmes that provide appropriate services to assist the basic needs of women victims of violence?
Persons who are victims of violence can apply to the Welfare Department for monetary grants and assistance-in-kind. The Family Services section of the Welfare Department also provides Counselling. The Business and Professional Women(s Club has developed a self-development programme for the empowerment of women.
The Shelter managed by the Business and Professional Women(s Club of Barbados receives financial assistance from the Ministry of Social Transformation to help with the day to day running of that institution.
Within the Shelter women are exposed to various skills which include baking and budgeting.
4. Is there a mechanism for control, evaluation and follow-up on rehabilitation processes for women violence victims?
The Business and Professional Women(s Club provide follow-up counseling to women who are victims of violence and assist them with finding alternative housing and employment.
The Family Services unit of the Welfare Department is also mandated in the domestic violence legislation to provide follow-up support to families affected by domestic violence. However, there is no formal mechanism employed to control, evaluate and follow up on the processes or systems in place that seek to rehabilitate women violence victims. This is achieved through periodic workshops or seminars hosted by the relevant stakeholders agencies.
5. Are there schedules with set objectives to be met in the area of prevention, punishment and eradication of femicide?
Femicide is not practiced in Barbados.
(III) NATIONAL BUDGET
1. Are there appropriations in the national budget to finance anti-violence measures?
There is not a specific head under the national budget to finance anti-violence measures but programme and initiatives developed by the various departments which seek to reduce violence are financed from the National Budget. The administration of the Shelter for Abused women is financed from the National Budget.
2. Are there appropriations in the national budget to finance training programmes intended to prevent violence against women?
There are no specific appropriations to prevent violence against women. The Bureau, however, cognizant of its responsibility to mainstream the concept of gender, acknowledges that interventions among young adults provide excellent opportunities to disseminate information, which may change perceptions and attitudes.
As a consequence, the Bureau of Gender Affairs in addition to the National Organisation of Women (NOW) and the National Advisory Council on Gender have been allocated funding from the National Budget for gender sensitization and other programmes activities including the prevention of violence against women.
3. Are the appropriations in the national budget to finance awareness raising programs on violence against women?
There are no specific appropriations in the national budget to finance awareness raising programs on violence against women. However, the Bureau of Gender Affairs in its annual program provide for such initiatives.
4. Is there any cooperation between official agencies and non-governmental organization on gender issues?
Yes. The Bureau of Gender Affairs collaborates with a number of NGO(s to address the issues relating to domestic violence. These include the Business and Professional Women(s Club, The National Organisation of Women and the National Forum Against Domestic Violence.
(IV) INFORMATION AND STATISTICS
1. Are statistics collected on judicial proceedings arising from complaints of violence against women with a view to designing public policies aimed at prevention, punishment and eradication?
The Royal Barbados Police Force collects information on all matters that go before the courts but there are not disaggregated to show specific categories like violence against women.
In January 2005, the Bureau of Gender Affairs drafted a (Proposal for Enhancing the Collection of Relevant Social and Gender Indicators which stated that the measurement of domestic violence was critical to understanding gender-based violence. The proposal called for information on: the incidence and extent of domestic violence; the gender distribution of the incidence of domestic violence; the characteristics of the offenders and victims including age-group, economic status, relationship and household characteristics; the types of violence; maintenance cases; health indicators, status determinants and the use of health care services.
The Bureau of Gender Affairs in collaboration with UNIFEM will implement a Data Collection Protocol for Domestic Violence during the period 2006-2007.
2. Are studies carried out and statistics collected on assistance provided to women who are victims of violence?
Statistics are collected by the service providers.
2.1 How many calls were received last year on emergency hotlines?
Statistics are only available from the Crisis Centre which is operated by the Business and Professional received Women’s Club. A total of 781 calls were received by through the Crisis Hotline. Of these 62 were for possible intake; 103 were for information; 4 were calls to volunteer; 353 were from repeat callers; and 261 were first time calls (Report - Shelter for Battered Women 2005).
2.2 How many shelters and with what capacity are there available in the country.
There is one Shelter for abused women, which is subsidized by the State. Victims of domestic violence, however, utilize other emergency shelters including those offered by the State through the Welfare Department and a few NGOs. The Shelter for Battered Women is equipped with seventeen (17) beds and four (4) cribs and can accommodate 22 persons. On a quarterly basis it receives an average of 50 people, adults and children included.
The period January 1st, 1999 to December 31st, 2000 saw a total of 73 persons utilizing the Shelter, 35 (of who were) adults and 39 (were) children. There was an increase in the number of persons using the shelter between the periods January 1st, 2001 to December 31st, 2002, some 133 persons comprising 68 adults and 65 children.
The period January 1st, 2003 to December 19th, 2003, showed that 23 adults and 35 children visited the facility, making total of58 persons.
In total, over a four year period, taking into account that statistics for the period December 20, 2003 were not available, some 264 persons have made use of the shelter.
2.3 What percentage of shelters are public and what percentage are private?
There two (2) shelters dedicated to accommodate abused women. One is administered by an NGO but financed by the State while the other is completely private.
2.4 What percentage of hospital admissions are the result of violence against women?
This data is not available.
3. Are studies carried out and statistics collected on deaths of women caused by violence?
3.1 How many women have been victims of homicide by attack or as a result of an attack by an intimate (ex) partner (femicide)? Please provide up to date figures starting ten years prior to entry into force of the Convention of Belem do Para.
Statistics have been collected on women who died as a result of homicide but the figures have not been disaggregated to show the amount that died as a result of domestic violence. The period 1984 ( 1999 reveal that a total of 77 women died as a result of homicide. A study in progress states that 12 women were victims of femicide for the period 1993 ( 2003 (Angela Dixon, M. Phil Student at the University of the West Indies, Cave Hill Campus).
3.2 How many reported cases have ended in homicide of the women who lodged the complaint (Femicide)?
Data not available
3.3 How many cases of femicide have led to convictions of the perpetrator?
Data not available
4. Are studies carried out and statistics collected on data concerning the situation of women?
4.1 When was the last national census held? Were questions on gender based violence included?
The last census was held in 2000. No questions on gender based violence were included.
4.2 How many women are there in the country? 141516
Age groups:
0 - 14 (girls) - 28,162.
15 ( 29 (young women) - 27,879
30 ( 44 (adults) - 31,982
45 - 59 (adults) - 27,171
60+ (elderly women) - 26,322
4.3 What percentage of the population do they represent? 51.75
4.4 What percentage of the female population lives in the rural areas?
Data not available
4.5 What percentage of the female population lives in cities?
It should be noted that the rural-urban continuum is Barbados is not very distinguishable. The figures quoted below refer to two small towns. Two others exist but are classified as suburbs, rather than cities. This is the reason why the collection of rural statistics is so difficult.
Age groups:
0 - 14 (girls) - 880
15 ( 29 (young women) - 828
30 ( 44 (adults) - 805
45 - 59 (adults) - 476
60+ (elderly women) - 605
4.6 What percentage of the female population lives below the poverty threshold?
About 35, 000 persons live below the poverty line. Of these, approximately 59% are female.
4.7 What percentage of the female population is illiterate?
The data is not available by age group. However, approximately 1% of the female population can be classified as illiterate.
4.8 What percentage of the female population has completed primary school?
Seeing that education is compulsory up to age 16 years, completion of primary school by females is just about 100%. The last census (2000) records that of those 15 years and over not attending school, 20% have attained a primary school level of education only. Another 1% had reached the level of composite/senior school only.
4.9 What percentage of the female population has completed secondary school?
Females enter secondary school between the ages of 10 and 11 years. Of those not attending school, age 15 years and over, 48% had attained a secondary school education.
4.10 What percentage of the female population has completed tertiary and/or university education?
The female population 15 years and over not attending school, 20% had attained a University/tertiary education. 13% were registered as having attended (other( institutions.
4.11 How many women are in jail?
Fifty-one (51) females are in jail.
4.12 What percentage of the female percentage is economically active?
48% of the labour force is female.
5. Are studies carried out and statistics collected on training programmes for prevention, punishment, and eradication of violence against women?
There are no studies and statistics on training programmes for prevention, punishment, and eradication of violence against women?
5.1 What percentage of primary, secondary and university teachers receives information on violence against women?
The Bureau of Gender Affairs has collaborated with the Erdiston Teacher(s Training College and a module on Gender has been incorporated into the curriculum for all teachers entering the College.
5.2 What percentage of social and judicial service providers receives training on gender issues and information on violence against women?
Through their focal points, all social agencies receive training on gender issues and violence against women.
6. How are these data disseminated? Are they public and easy to access?
Data is disseminated primarily through the media. There is also access to Domestic Orders.
7. What kind of gender training is provided for people who elaborate and apply instruments to collect statistical information?
Training is available primarily through workshops.
8. Does the State have a monitoring agency for citizens on violence against women? What is its impact?
There is no specific monitoring agency for citizens on violence against women. However the Welfare Department and the Bureau of Gender Affairs try to monitor violence against women by tracking the number of Domestic Orders issued, the number of cases presenting at the Shelter for Battered Women and the number of women seeking the assistance of the Welfare Department on issues of violence. These numbers are made public through various media to raise awareness concerning the problem of violence against women.
COUNTRY REPORT APPROVED BY THE COMMITTEE OF EXPERTS
ON VIOLENCE (CEVI)
Abstract: A predominant feature in the English-speaking Caribbean, which is shared by Barbados is the tendency for females to predominate numerically in the national census. In Barbados, a small state of 166 square miles, the female population in 2000 stood at 141,516 and represents 51.75% of the total population. In terms of demographics, the highest concentration of females tends to be in the 30-44 age-group which numbers 31,982 women - although it must be noted that there is not a significant difference in the overall sectors, which tend to be all over 26,000. The 60+ group, numerically the least, numbers 26,322 women. The female demographics were not divided into rural and non-rural groups due to the unavailability of data. However, the respondent observed that the rural-urban continuum in Barbados was not very distinguishable; hence the challenge in collecting rural statistics.
Female-headed households are a growing phenomenon in the English-speaking Caribbean more so than the non-Anglophone Caribbean. Barbados has a significant statistic where 44.5% of its households are headed by single women, where although, 48% of the Barbadian labor force is female, there is still the prevalence of the feminization of poverty, where of the 35,000 persons who live below the poverty line, approximately 59% are female. This situation is being addressed by Barbados’ government, which has led to the design and implementation of many poverty-eradication efforts aimed specifically at women; mainly through financial assistance, subsidized child-care services, social assistance, housing, micro-enterprise, employment opportunities and training.
What is commendable as an indicator of progress for Barbados is its noteworthy 97% literacy rate, of which female illiteracy is a mere 1% of the population. Of the female population 15 years and over not attending secondary schools, 20% have attained only primary school level of education. In terms of secondary school, 48% have attained a secondary school education. With regard to tertiary education 20% had attained a tertiary education at university. A further 13% were registered with the national census as having attended other post-secondary institutions.
NATIONAL EFFORTS PRIOR TO 2000: In 1992, Barbados’ National Policy Statement on Women was developed by The National Machinery for Women. This was followed by a National Plan of Action on Women in 1995, for submission to The Platform for Action of the United Nations Fourth World Conference in Beijing. The work for the advancement of women continued in 1997, which saw the formation of the National Advisory Council on Women comprising a handful of NGOs and state actors.
Violence against Women (VAW), especially incidences of spousal violence, remains high in Barbados and continues even today to be one of its more significant and persistent, social problems. Cognizant of the prevalence of domestic violence in Barbados, the Government continues to cite combating Violence against Women (VAW) as one of its priorities in its quest to bring about gender equality and social justice. To this end, a Shelter for Battered Women was established in 1999, which can house up to twenty (20) women for a maximum stay of three (3) months. This facility, while funded by the Government of Barbados is actually operated by an NGO, the Barbados Chapter of the Business and Professional Women’s Club (BPWC). Along with the Shelter, is a small Crisis Center also operated by BPWC and a 24-hour telephone hotline. There is also a privately run facility, “Just for Kids”, which can hold up to fifteen (15) children and which caters to both boys and girls who are victims of domestic violence. In conjunction with BPWC, a variety of stakeholders – namely Family Services Unit of the Ministry of Social Transformation; the Welfare Department, the Psychiatric Hospital, the National Assistance Board, Churches and the Victim Support Unit (formed as an initiative of the Police in 1998); provide counseling and support, in addition to vocational skills and educational training; and small-income generating projects.
In 1999, a new Ministry with responsibility for Social Transformation was formed. One of the units it housed was the National Machinery for Women, until the latter’s nomenclature was strategically changed, to reflect the new concern with gender relations. A central purpose in establishing this new Ministry was to address gender inequalities and inequities, so as to achieve social equilibrium between the sexes and eliminate the obstacles to female advancement. It tackled this through various means to build on the work already done in legal reform. Consequently, a major objective of the Ministry is to implement gender mainstreaming into all of government’s policies, plans and programs.
ADVANCES ACHIEVED 2000–2006: The Ministry established the Bureau of Gender Affairs in 2000, for wider applicability than the national women’s machinery which had existed prior to this. The Bureau is charged with the responsibility of monitoring the implementation of gender mainstreaming and carrying out extensive sensitivity training in the public and private sector on gender issues. In conjunction with the formation of the Bureau of Gender Affairs, a National Advisory Council on Gender was established to assist the Bureau and to function in an advisory capacity to the Government on matters of gender. Additionally, there is an inter-Ministerial and inter-agency Committee comprising sixty-eight (68) focal points representing forty-one (41) Ministries and Departments - primarily from the Social Service sector - who work to ensure that programs within their agencies are gender-focused.
For the handling of the issue of VAW, the core governmental entities operate in a tripartite inter-sectoral arrangement between the Bureau of Gender Affairs, the Welfare Department and the Child Care Board. The Bureau of Gender Affairs functions primarily as the designer of policy, plans and programs; and is charged with their implementation. The Welfare Department is the agency mandated to deal with incidences of domestic violence, while the Child Care Board is mandated to deal with issues of child abuse. These three departments under the umbrella of the Ministry of Social Transformation collaborate with each other in order to realize their respective mandates to ensure that the human rights of women and children are protected.
The Bureau of Gender Affairs bears responsibility for the follow-up on the implementation of the Inter-American Convention of Belem do Para. In Barbados, as part of the elimination of domestic violence, there has been an emphasis on the training of relevant personnel - in this case, members of the Judiciary and the Royal Barbados Police Force. In fact, a very strong focus has been placed on sensitization and improving the capacity of the Royal Barbados Police Force. It is requisite that all Barbadian policemen are trained in Domestic Violence Intervention Strategies as part of a Gender and Human Rights course and; all new police recruits are required to undergo such gender-specific training. Courses incorporate modules in domestic violence based on the Commonwealth Secretariat’s Manual entitled: “Guidelines for Police Training on Violence Against Women and Child Sex Abuse”. In 2001, a training manual was prepared by the Caribbean Association of Feminist Research and Action (CAFRA) with assistance from UNIFEM and is used in the curriculum at the Police Training School. Building on these efforts, an instructional handbook on Domestic Violence, was published in 2004 by the Barbados Police Association.
It has been noted that the number of female applicants for the police force has increased over the years, which bodes well for later consideration of a Specialized Domestic Violence Unit within the police force, similar to Brazil’s efforts. For now, there is a Victim Support Unit, which is made up of civilians and volunteers and offers support to victims, particularly female victims, of violent crimes.
In 2000, to realize an exponential impact in training, a two-day workshop for Trainers was hosted at the Barbados Police Training Center. Barbados also utilized the opportunity to participate in a regional seminar on Training of Trainers Program in Domestic Violence Intervention in 2001, where 9 persons were trained including six (6) police officers, who since have been involved in training others. In fact, of particular note are the efforts of an active regional feminist NGO, CAFRA, in conjunction with the Association of Caribbean Commissioners of Police which during the period September 2001 to July 2002, provided an intense and comprehensive training program for police and other frontline social workers in Domestic Violence Intervention. Other participants included staff from the Government Industrial School, guidance counselors, staff from the Queen Elizabeth Hospital and members of the Barbadian Christian Council and the Child Care Board.
Coming out of this focused effort was the formation of The National Forum against Domestic Violence (NFADV) in 2002. This forum encourages the formation of self-help groups for women and specializes in consciousness-raising and sensitization to the problem of domestic violence for the purpose of reducing is incidence in Barbados.
In 2003, The Bureau for Gender Affairs implemented an undisclosed number of programs to combat and eliminate violence against women. These include the provision of services for victims and offenders through referrals to relevant agencies and the provision of funding and technical assistance to women’s groups to engage in education and support services.
In January 2005, the Bureau of Gender Affairs addressed a serious deficit in its fight against domestic violence, by drafting a proposal for enhancing the collection of relevant social and gender indicators related to the measurement of the scope of domestic violence and critical to an understanding of gender-based violence. Following up on this, the Bureau of Gender Affairs in collaboration with UNIFEM will implement a Data Collection Protocol for Domestic Violence during the period 2006-2007.
As of 2006, the National Policy on Gender to address Gender Equity and Equality for the next 20 years is in its developmental stages. This is a much-needed instrument to augment political will and augers well for progress in the provision of strategic objectives to combat VAW.
In conclusion of this section, of special mention is an important initiative made as part of the prevention of the occurrence of VAW, in the area of teacher training. The Bureau of Gender Affairs collaborated with the Erdiston Teachers’ Training College for the establishment of a module on Gender to be incorporated into the curriculum for all teachers entering the college. Another important initiative came out of the collaboration between the Bureau of Gender Affairs and international agencies (such as UNIFEM) to produce televised skits and advertisements on domestic violence. Within the context of the Caribbean, and Barbados in particular, the creative use of the media (especially the broadcast media) has been found to be very effective in broad dissemination of information - especially at the grassroots’ level. This strategic use of the media has the potential to counteract the prevailing negative cultural attitudes and skewered stereotypes which discriminate against women and female empowerment.
OBSTACLES ENCOUNTERED 2000-2006: The absence of a National Plan on Gender to promote Gender Equality has significantly hamstrung the analysis of progress from the perspective of public policy. With regard to VAW and implementation of the Belém do Pará Convention, in this reporting period - and over 10 years after Barbados became signatory to Belém do Pará - there is still the marked absence of a National Plan on Domestic Violence in accordance with the guidelines provided by Belém do Pará.
Another major obstacle has been the absence of instruments and a dearth of mechanisms for monitoring progress in achieving the member state’s commitment to the implementation of Belém do Pará. It was observed that there must be some element of limited capacity, in terms of having adequately trained personnel in all the relevant sectors, to handle the enormity of commitment which combating VAW requires - since in the reporting period, there seems to be limited implementation of Belém do Pará despite efforts made. For example, there is no specific monitoring agency for citizens on VAW to assess impact in the wider society. Additionally, there is no established monitoring body to deal with complaints and to monitor issues as they arise; and to ensure the implementation of the recommendations made for combating VAW.
With regard to VAW, over the years it has tacitly been subsumed in a gender-blind approach. For example, all acts of violence are tried under Offences against Persons Act, which lumps men and women into the same category. This has had an impact on assessing the scope of violence against women in particular. In fact, not even in the last national census were there questions posed on gender-based violence, despite it being declared a priority area. While there is inter-ministerial and inter-agency Committee devoted to the task of effecting gender mainstreaming in all public sectors, there is a question of efficacy where reportedly focal points tend to be at the junior-level.
In the reporting period there is a serious lack of data collected on important aspects of VAW. While the much-needed Data Collection Protocol ought to come on stream by 2007, in the reporting period there has been a serious lack of data to form a body of research and statistics to be applied to the examination of VAW with a view to determining the progress made since 1995 when Barbados signed on to Belém do Pará. For example, there is no data available on hospital admissions as a result of VAW; none on reported cases which have ended in femicide; and none on convictions of the perpetrators of femicide. Where statistics are available, they are not disaggregated by sex. This is a serious gap.
However, one of the major obstacles cited by the respondent was capacity in terms of the physical structure for housing of the victims of violence. Yet, the respondent was not of the view that there was need for the construction of an additional Shelter for Battered Women, given Barbados’ size and the fact that the government-subsidized shelter, managed by an NGO, was deemed adequate for an island of 166 square miles. Said shelter is equipped with 17 beds and 4 cribs and can accommodate 22 persons, women and child combined. Yet, it was also observed that the existing shelter was too small to accommodate the demand. However, there is another shelter which is completely private and there are also emergency shelters for both males and females offered by the State through the Welfare Department - and those offered by NGO’s.
CHAPTER ONE
LAWS, REGULATIONS IN FORCE AND NATIONAL PLANS
Legislation: Barbados became a signatory to the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (Belém do Pará) in 1995. However, it already had had certain aspects of domestic violence (assault, battery, rape etc) criminalized as part of its penal code. In keeping with its commitment to CEDAW, Barbados enacted the Domestic Violence Act and the Sexual Offences Act of 1992. This legislation aims to ensure the eradication of domestic and sexual violence, protection for victims; and behavior modification in the public and the private sphere. Yet, the respondent did not indicate if there has been a review and subsequent amendment of the 1992 legislation to determine its adequacy in handling VAW to ensure wider applicability. However, Barbados’ country report to CEDAW in 2002 indicated that there was a Sexual Harassment Act in the final drafting stages in Parliament and a commitment to re-evaluating the legislation on marital rape for more comprehensive application. Also, no mention was made by the respondent whether there had been the abolition of any discriminatory legislation, which is important for determining the full legal commitment of governments to VAW. The respondent also failed to address the question on the impact of the member state’s ratification of Belém do Pará. Rather, said respondent seemed to suggest that pertinent legislation came about primarily as a result of CEDAW’s instrument.
In 1999, Barbados supplemented its domestic violence legislation by enacting a section on Protective Orders. However, one should note that while Barbados’ Domestic Violence Law applies equally to marriages and common-law relationships, it is gender-neutral in that it provides protection to members of the family, including men and children. Criminal penalties for violent crimes are the same regardless of the sex of the offender or the victim. However in practice, female offenders usually receive lighter sentences than their male counterparts for similar offenses. Penalties depend on the charge and severity and include a fine for a first time offence (unless the injury is serious) up to the death penalty for a killing. Many of the cases of domestic violence involve assault or injury. Victims may request restraining orders for themselves and abused children as well, which the courts often issue.
One of the salient and commendable aspects of the law is that it mandates the abuser to continue paying the rent, mortgage, utilities or taxes for the home, even if said abuser has been removed from the home. No specific mention on penalties for the harming of the victim’s property, especially in the case where assets are jointly-owned. The matter of posting bail for abusers was not addressed. However, it was stated that the abuser could be arrested and taken back to court. The penalties for domestic violence make for an interesting study with regard to the severity of the crime - for while the abuser could be fined a considerable sum of BDS$5000.00, sentencing, in comparison, seems to be somewhat less since it speaks to imprisonment for up to twelve (12) months. This can be perceived as a deficit in strong legal commitment to criminalizing domestic violence, especially when women predominate as victims. By comparison, the laws governing prostitution - whether coercive or consensual – are markedly stiffer, where an offender can get up to fifteen (15) years imprisonment for this illegal act. This type of legislation, if enforced, especially in a growing climate of sex tourism, sends an unequivocally strong message about prostitution.
The existing legislation seemed heavily weighted in examining domestic abuse at the level of the household; for the respondent did not indicate if there was wider application for the law in non-domestic or non-domiciled situations where VAW is practiced. Legislation on VAW needs to be comprehensive enough to encompass new realities, especially those presented by transnational forms of violence. It was noted that Barbados has no penalties for trafficking in women per se, since no laws specifically address trafficking in persons, possibly under the assumption that this can be handled within the existing legal framework of prostitution - an offence in that country, liable on conviction on indictment, to imprisonment for 15 years. Forced marriage and kidnapping for purposes of sexual intercourse are also offences, liable on conviction to imprisonment for a period of 10 years. Additionally, laws against slavery and forced labor could be applied, although these were not supplied by the respondent. However, there may be aspects of transnational violence and trafficking in women and children which the existing framework of legislation may not comprehensively address and which may not be covered by legislation against prostitution; forced marriage or forced labor.
In the case of the sexual abuse of minors under fourteen years of age, the penalties are stiff and the perpetrator is liable on conviction on indictment to imprisonment for life and in the case of a minor fourteen to sixteen years, liable on conviction on indictment to a term of ten years. However, one of the loopholes in the law is that a person shall not be charged for an offence under this section if the minor is the spouse of that person. This is a section of the law which needs amending for it is an avenue for the exploitation of minors, since it allows for sexual violence against minors in marriage.
With regard to VAW and marriage, an aspect of the law worthy of mention involves the criminalization of spousal rape, which is liable on conviction on indictment to imprisonment for life for the husband. However, special conditions apply, which limit the applicability of the law against marital sexual violence. These include: a decree nisi of divorce; a separation order under the Family Law Act, a separation agreement or an order for the husband not to molest his wife or have sexual intercourse with her. The implication is that the law is silent on marital rape while the husband and wife are still sharing a home, which leaves room for sexual abuse of wives and common-law partners to occur.
Regulations in Force: While the limited capacity of small states must have an impact on the financial and human resources allocated to combating VAW, Barbados has to be commended for its strong linkages with the NGO community, especially in the area of advocacy and the provision of training. Of note, was the intense 9-month training program for police officers and other frontline social workers offered by CAFRA, in domestic violence intervention strategies. However, there is no legal or administrative provision that makes ongoing training on gender issues for public officials, compulsory. This is a serious impediment to progress in combating VAW, since having a cadre of well-trained, up-to-date public officials (in conjunction with a well-trained police force and other legal enforcement personnel) is an imperative for sustainability of national efforts for the eradication of VAW through effective intervention strategies and the education and sensitization of the wider society.
Outside of the tight focus on police officers, the methodology for training of other public officials is of some concern. There was mention made of public officials having the option of participating of their own volition – and possibly utilizing their own resources - in the University’s Center for Gender and Development’s one-month Summer Certificate course in Gender and Development. The respondent clearly stated that through the focal points, all social agencies receive training on gender issues and VAW and that gender training is provided primarily through workshops for people who elaborate and apply instruments to collect statistical information. However, the frequency of such training was not specified – neither was it given as to the specific content of the training programs on the whole to determine how up-to-date they were. Coupled with the admission that there are no studies nor statistics on training programs for the prevention, punishment and eradication of VAW, one is left to conclude that a more systematic approach with a solid methodology for periodic follow-up and consistency in measurement of progress, could much improve gender training in this member state. With the exception of the mandatory training provided for the police and specific training in domestic violence intervention to members of the judiciary - and follow-up seminars at the national and regional level - there seems to be a marked dearth of established ongoing and up-to-date training in VAW for other relevant public officials.
With regard to public officials who fail to enforce laws against violence, there is a significantly stronger emphasis placed on law enforcement officers - especially the police - than other public officials. One of the commendable initiatives regarding the police force is that if any member of the Royal Barbados Police Force fails to enforce laws against violence, he/she can be charged with neglect of duty or discreditable conduct. In fact, they are informed of the penalties to which they could be liable for interaction or misconduct in connection with proceedings on VAW. Consequently, if said persons are found guilty, they can be dismissed from the service, suspended or fined. The actual time frames of punishment or dollar amounts were not specified.
Although the questionnaire affirms the existence of supervision of officials who handle and implement proceedings on VAW, the context suggests that the focus is primarily on the police. Hence, the matter of oversight for members of the judiciary, for example, and other pertinent public officials was not addressed by the respondent. One is led to conclude that this may be a blind-spot in the system, where it fails to specify comparatively stern penalties for public functionaries involved in combating VAW, for it fails to take into account the seriousness of the responsibility of social workers, medical personnel and other members of the legal system in preventing systemic failures.
National Plan: The proper implementation of policy requires a National Plan of Action and in this case one which has specific mandates on VAW. This was not in evidence during the period of reporting, since The Bureau of Gender Affairs is mentioned as being charged with the design of the new national strategy or plan of action. The last National Plan of Action on Women was developed in 1995 for submission to the United Nations’ Fourth World Conference’s Beijing Plan of Action. Measurable results from that Plan of Action which have been achieved prior to the reporting period were: provision of adequate shelter for abused women and girls; an increase in the number of female police officers to assist with women who have been victims of crime; reviewing and streamlining of the judicial procedures relating to sexual offences; hearing rape cases in camera; appointment of female judges and counseling for victims of rape and other sexual offences.
The Bureau of Gender Affairs has responsibility for the follow-up on the implementation of the Convention of Belem do Para. Clearly, an updated evaluation of the plan of action or strategies cannot be furnished since no evaluation has been performed within the time frame under review. More than likely, the new National Plan of Action will be designed following the advent of the National Policy on Gender.
CHAPTER TWO
ACCESS TO JUSTICE
Legal Process: The Welfare Department is the agency mandated to deal with incidences of domestic violence, while the Child Care Board is mandated to deal with issues of Child Abuse. Visits to the legislature by experts on violence have occurred and information on VAW has been distributed to the relevant law-making bodies, despite the absence of a parliamentary committee specifically concerned with Gender. There was no mention of a specific court which handles domestic relations, such as a Family Court. Therefore, cases are handled by the Magistrate’s Court for the district in which the victim lives. According to the respondent, the relevant offices are deemed to be adequate for the caseload in terms of geographic coverage, although no figures have been produced regarding the incidence of violence in that area.
There are efforts made to ensure prompt, regulated proceedings to protect victims of violence. Therefore, to expedite the legal process of obtaining a Protection Order - which remains in force for at least twelve (12) months – it is the law that the application for such from a complaint filed should be heard within a two-day period after the Court receives notice of it. If the court cannot deal with the application within the two-day period, it deals with it as soon as possible. The respondent assured that these matters are afforded utmost priority and dealt with quickly. Additionally, to ensure the protection of victims of violence, the Court can grant an Interim Protection Order to ensure that the victims and their offspring are safe. There is also the provision which allows a member of the police force to enter any premises, without a warrant, upon invitation to assist a victim if there are reasonable grounds to suspect that the protection order is being violated; or that the victim or the children have suffered or are in immediate danger of suffering by the abuser.
However, there was no mention made of any existing witness protection services or whether there were any further measures in place to protect women and their families who make the decision to prosecute their abusers. The effectiveness of Protection Orders in acting as a deterrent to abusers from further acts of intimidation and aggression on victims cannot be measured, since no data is available with regard to recidivism, repeat attacks on victims, femicide or the rate of violation of said orders. One University of the West Indies, Cavehill Campus study in progress states that 12 women were victims of femicide between 1993 – 2003; yet it is inconclusive as to whether these deaths occurred prior to or post Protection Orders or were as a result of any inadequacies in the legal enforcement system. In terms of the scope of applicability of the Protection Order, the importance of psychological violence seems to be overshadowed by the prevalence of physical and sexual violence, since the Protective Orders does not address harassment through the telephone, electronic means or through correspondence.
Despite the limited capacity which is the bane of small states, in Barbados there is a demonstrated significant level of legal commitment, even to the provision of pro bono legal assistance to victims of violence, provided by the Family Services Division of the Division of the Welfare Department; as well as Legal Aid Services. Of special note in specialized services provided to victims, is the provision of interpreters to translate in the particular language of the victim. If no interpreter in the specific language is available, then the Department contacts the respective Embassy responsible for the individual.
However, there are a few perceived weaknesses in the legislative system to make the system accessible for all. For example, it was not stated what administrative provisions are in place for victims of violence who are vulnerable through disability, incapacity; etc. which begs the conclusion that there may not be any special services for categories of vulnerable women. Also, determining the level of knowledge which women have about their rights before the law, especially in matters of violence, is inconclusive.
On the matter of fair restitution and compensation for damages, in Barbados victims of violence, including women, have to depend on the discretion of the presiding judge who has the authority to order the accused to compensate the victim for injuries sustained. The issue of psychological damage, property damage and loss of work time, etc seemed not to be fully addressed by the law, as reported by the respondent.
A couple service providers handle special programs on mediation and conciliation between the abuser and his partner and family (e.g. PAREDOS). However, a notable gap in Barbados’ approach to VAW occurs where there are no legal provisions on compulsory assistance/intervention and re-education for violent men. For, if a male is convicted of a violent crime, the court can order some kind of anger management or rehabilitation for him, which implies that this is discretionary.
Provision of Services: The Family Services Unit of the Welfare Department is mandated in domestic violence legislation to provide follow-up support to families affected by domestic violence. Barbados seems to have at its disposal the human and technical resources of a strategic network of State and NGO entities to provide services to victims of violence. The collaboration between the state and civil community can be an effective tool for achieving a multiplier effect, especially when resources are scarce. With regard to technical training, expertise and promoting advocacy in VAW, Barbados is fortunate to have the feminist NGO, CAFRA headquartered nearby in Trinidad - in conjunction with the fact Barbados is the host country for The Gender and Development Unit of the University of the West Indies. This augurs well for the production of research and statistics to assist in the combating of VAW.
However, potential drawbacks may emerge from weak coordination and harmonization of efforts, where duplication of efforts; dilution of focus and a lack of genuine progress can occur if the state machinery does not have the stature or power to effectively drive the work of VAW; and coordinate this national cooperation effort. To this end, there is need for the state machinery to maintain its leadership role in matters of violence against women even as the Bureau continues to strengthen its linkages with its stakeholders to keep the issue of domestic violence and other forms of gender-based violence in the public domain.
Under the umbrella of the National Forum Against Domestic Violence (NFADV), a coalition of stakeholders, including the religious community and the island’s mental health institution, have created linkages along a broad spectrum from advocacy to services; to be in place to address and reduce the occurrence of VAW. For example, NFADV, along with Parent Education for Development in Barbados (PAREDOS), augments the work of the Bureau and the Welfare Department by encouraging the formation of self-help groups for women, although the exact number of these island-wide, was not specified; neither was any relevant statistics given to determine the sphere of influence. The existence of the Victim Support Group, established in 1998 by the Royal Barbados Police Force to offer psychological and practical support to nationals, non-nationals and their family and friends who have suffered traumatic experiences as a result of crime, while considered a much-needed resource could not be evaluated for impact due to the lack of statistics.
Of special mention is the BPWC which plays a pivotal role by providing free crisis intervention, emotional support and information to non-resident members of the community who are experiencing family violence. Funded by government subvention, BPWC operates a hotline which is operational 24 hours a day to men, women and children in need and provides follow-up counseling to women who are victims of violence and assists them with finding alternative housing and employment. This invaluable NGO also operates the island’s main shelter and crisis center.
In addition to counseling programs, there are rehabilitation programs which are offered to victims of violence, including women, for education and empowerment. These include: Computer Training Courses, Drug Awareness Programs, Parenting Conferences, Housekeeping Courses, Health and Safety in the Workplace, Regional Domestic Violence Conferences for client advocates, Money Management Courses. Victims of violence in need of social assistance as well, can apply to the Welfare Department for monetary grants and assistance-in-kind. No specific amounts were given to be able to determine the level of assistance which is available.
No mention was made of the provision of special medical services to victims, especially victims of violence who have special needs; such as women and children who are physically or mentally disabled. While the Ministry of Social Transformation operates a Disabilities Unit for an estimated disabled population of 10,000-12,000, there is no legislation that specifically prohibits discrimination against persons with disabilities.
CHAPTER THREE
INFORMATION AND RECORDS
The Welfare Department and the Bureau of Gender Affairs attempt to monitor VAW by tracking the number of Domestic Orders issued, the number of cases presented at the Shelter for Battered Women and the number of women seeking assistance of the Welfare Department on issues of violence. These numbers are made public through various media to raise awareness concerning the problem of VAW.
However, one of the major deficits in the system is the absence of a formal mechanism to control, evaluate and follow-up on the processes or systems in place that seek to rehabilitate women victims of violence. The bulk of statistics and data on violence and abuse are collected by the Probation Department, the Police and the Registrar’s Department. Statistics are also collected by the service providers. However, much of the impact of the state’s efforts cannot be empirically assessed on a holistic basis, while separate service providers (especially that of the NGO community with their own databases), remain uncoordinated into a centralized agency to be able to effectively monitor progress and assess the impact of the services and programs being offered in Barbados. At present, assessment is done through periodic workshops or seminars hosted by the relevant stakeholders agencies.
With regard to examining the statistics provided for 2005 on the emergency hotline, it is interesting to note that for the Crisis Centre - the only source of statistics furnished - that almost half of the calls (353) were from repeat callers out of a possible 781 calls. 261 were first time calls, of which 62 were for possible intake. 103 calls were for information and 4 calls were to volunteer. Following is a breakdown of clients utilizing the services of the shelter:
Jan 01 1999 - Dec 31, 2000 73 (35 adults and 39 children)
Jan 01 2001 – Dec 31, 2002 133 (68 adults and 65 children)
Jan 01 2003 – Dec 19, 2003* 58 (23 adults and 35 children)
Total: 264
(*Note: Statistics were not available for period December 20, 2003 – December 2004)
The statistics were not disaggregated according to sex, which is an impediment to assessing the impact which violence has on women, per se, from the perspective of intake at the shelter and the effectiveness of the services of shelter for women. While VAW is a scourge emerging from unequal and unjust gender relations, affecting women from all strata of the society, in Barbados it is interesting to note that of the victims who actually become clients of the shelter, that 53% of them earn less than BDS $1000.00 (approximately US$500) a month. This suggests that there may be a strong correlation between extreme poverty, gender and the use of services for female victims of violence. According to the respondent, the Crisis Centre on an average receives 50 people, including adults and children on a quarterly basis. Authorities are cognizant that the problematic of violence against women has to be measured beyond the statistics of those who utilize the services of the shelter.
According to a recent CEDAW country report (2005) on Barbados, an estimated 30% of its women are being physically abused by intimate partners, whether in marital, cohabiting or visiting relationships. Cited in a 2002 report, one high-ranking police official reported that 1 of every 5 injured women treated in the emergency room was a victim of domestic violence, where there were 84 rapes for that year. However, the respondent clearly stated that the percentage of hospital admissions as a result of violence against women was unavailable. Statistics were provided on women who died as a result of homicide; however the figures have not been disaggregated to determine the number who died as a result of domestic violence. For example, in the period 1984 – 1993, a total of 77 women were murdered. A study in progress states that 12 women were victims of femicide for the period 1993 – 2003 (Angela Dixon, M. Phil. Student at UWI)
There are no statistics available on the number of reported cases which have resulted in femicide from the women who lodged the complaint. Neither is data available on the number of cases of femicide which have led to convictions of the perpetrator.
There are currently 51 women who are incarcerated in jail, however no indication was given as to what percentage of these were woman assailants of domestic violence. In fact, Barbados has no models of intervention for women assailants.
CHAPTER FOUR
NATIONAL BUDGET
This area of the questionnaire is an area of utmost concern since there seemed to be no established, non-arbitrary fiscal plan for the sustainability of national mechanisms and programs; to finance anti-violence measures. In fact, there is not a specific head under the national budget for this. Consequently, there are no specific appropriations to prevent violence against women. Moreover, there is no mention made of actual dollar amounts devoted to gender programs.
Programs and initiatives developed by various departments seeking to reduce violence on the whole are financed from the national budget (including the government-funded shelter). The Bureau of Gender Affairs and the National Organization of Women (NOW) have been allocated funding from the national budget for gender sensitization and other program activities - including the prevention of VAW. However, it was not specified whether said funding was a specific head or part of the general allocation of the Ministry of Social Transformation.
RECOMMENDATIONS:
1. While an integrated National Plan on Gender is important, priority ought to be given to working on Violence Against Women, by establishing a National Task Force to work exclusively on a distinct five year National Plan on VAW, which can later be incorporated into the 20-year National Plan on Gender.
2. There ought to be established as soon as possible a specific permanent unit within the Bureau of Gender Affairs devoted to the handling of VAW to generate a concentrated focus and approach to the topic. Ideally, having a Ministry of Gender Relations gives much more clout and visibility to handling issues of women and gender. In the absence of such, a possible upgrading of the Bureau to being a Department ought to be considered.
3. Stiffer sentencing should apply to consider increasing the minimum incarceration period to at least 36 months from 12 months of imprisonment to act as a deterrent to abusers, by strengthening the law against domestic violence to be commensurate with the severity of the crime. This would go a long way in overriding any perceived deficit in strong legal commitment to addressing domestic violence, especially when women predominate as victims.
4. Focus ought to be given to enacting specific legislation on Violence against Women (VAW); especially the need to address the important aspect of transnational violence presented by the occurrence of trafficking in women and children. This would form part of continued review of existent legislation and regulations from a gendered perspective with a view to amending and amplifying those areas which may need modernizing.
5. Legal and administrative provision for compulsory and comprehensive ongoing training on gender issues for public officials, including medical personnel to realize greater progress in implementing Belém do Pará.
6. A blind-spot in the system which needs to be immediately addressed is to provide specific stern penalties for public functionaries involved in combating VAW, who fail to enforce laws against violence in the execution of their duties (similar to what obtains for the police).
7. Strict and enforceable guidelines be in place for the judiciary to ensure that fair restitution become compulsory and not be dependent solely on physical injury - since the issue of psychological damage, property damage and loss of work time, etc also needs to be fully addressed by the law.
8. Formation of an institution exclusively for past and present perpetrators of VAW, mandated by law to undergo intensive and comprehensive counseling and rehabilitation, including an assessment of progress.
9. A database of VAW offenders, available to the police
10. Establishment of a centralized agency for the collection of data, disaggregated by sex and other social indicators, into a national database gleaned from the respective service providers. This critical information is imperative for effectively monitoring progress and assessing the impact of the services and programs being offered in Barbados.
11. Criminalisation of a wider range of actions which constitute violence Against women and Children
12. A specific head under the national budget devoted to financing anti-violence measures.
CONCLUSION
In the final analysis, given the perennial limitations in financial and human resources which small, vulnerable states face in addressing their development needs, Barbados must be commended for the steps that it has taken to implement the Belém do Pará Convention. It has demonstrated commitment to examining and eradicating the existence of discrimination against women and efforts have been made to tackle violence, including violence against women. Nevertheless, much more progress needs to be realized which would require an even greater political will and a commensurate commitment of resources. Barbados cannot afford to plateau in its efforts to combat VAW, where inertia would set in and impact the quantum benefits to be realized from initiatives undertaken by the national machinery, in conjunction with the NGO community.
Barbados’ overdue proposal for social and gender indicators will provide critical information on: the incidence and extent of domestic violence; the gender distribution of the incidence of domestic violence; the characteristics of the offenders and victims including age-group, economic status, relationship and household characteristics; the types of violence, maintenance cases; health indicators, status determinants and the use of healthcare services. The importance of the collection of this vital information will be an extremely useful tool for Barbados’ analysis of its implementation of Belém do Pará. Consequently, this ought to be strongly encouraged. Moreover, adequate financial and technical assistance ought to be sought from external sources for this methodology to be replicated in other small and vulnerable states of the Caribbean for the purpose of making a diagnostic of the sub-region effort with respect to VAW.
At the sub-regional level, a strengthening of activities and programs to focus on sexual violence, sexual crimes, incest and prostitution (especially that associated with sex tourism) will go a long way to resurrect any lag in interest in this important topic. On a related note, the very pertinent issue of HIV/AIDS and its nexus with VAW also needs to be seriously addressed at both the sub-regional and hemispheric level, especially with regard to cooperation on best practices, exchange of information and technical cooperation.
Lastly, it ought to be specified at the hemispheric level that an agreed-upon minimum amount of the national budget needs to be allocated for the financing of gender-specific programs – especially aimed curbing the prevalence of VAW. This needs to be promoted and endorsed as a best practice, so as to demonstrate the active commitment of governments to international instruments, which address discrimination against women and the human rights of women and children.
OBSERVATIONS BY THE COMPETENT NATIONAL AUTHORITY (CNA)
The Country Report has taken into consideration the issues highlighted in the response to the first draft. Concern was expressed with the tone of the report and the language used. This has been satisfactorily addressed. Attention has also been applied to linking Barbados’ response to the questionnaire to the narrative of the report.
In the latest draft, under ‘ABSTRACT,’ it is stated that of the 35,000 persons who live below the poverty line, 59% are female. This 59% actually represents the number of female headed households that fall below the poverty line. It is further stated that the National Advisory Council on Women comprise ‘a handful of NGOs’, this should really be NGO representatives. Further, in assessing, ‘NATIONAL EFFORTS,’ it is necessary to clarify that the Family Services Unit is a section of the Welfare Department, which in turn falls under the portfolio of the Ministry of Social Transformation.
Under ‘ADVANCES ACHIEVED,’ there is reference to ‘a tripartite inter-sectoral arrangement.’ Barbados would wish to include mention of the roles played by the National Assistance Board and the National Disabilities Unit which have oversight for violence/abuse the elderly and the disabled respectively. This section should also make mention of the annual commemoration of the international ‘Sixteen Days of Activism against Gender based Violence’ where a number of state actors, NGOs and other stakeholders come together to increase awareness of violence against women and to combat the practice through a variety of media. It should also be noted that the official name of the organization quoted as the ‘Barbadian Christian Council’ is the Barbados Christian Council.
In the section ‘OBSTACLES ENCOUNTERED,’ Barbados would wish to include mention of the fact that research that has been commissioned on the Social and Economic Costs of Domestic Violence in an effort to provide empirical information to assist with the policy formulation process. This is in response to the challenges presented by inadequate data gathering and compilation systems as well as the lack of recent research on the issue. Drafts have been received and are being reviewed while a data collection protocol on domestic violence as recently been piloted to supplement this effort.
In ‘ACCESS TO JUSTICE,’ it should be noted that White Papers on the Elderly and the Disabled have been formulate to address the welfare of these specific populations. In addition, it should be pointed out that the National Assistance Board is mandated to deal with issues of elder abuse and the National Disabilities Unit with issues concerning abuse of the disabled.
Concerning the ‘NATIONAL BUDGET,’ funds are allocated to the budget of the Bureau of Gender Affairs on an annual basis to support gender programmes. It should also be noted that additional funds are allocated to the budgets of the Welfare Department, the Child Care Board and the National Disabilities Unit to address violence for their respective clientele.
Within the ‘CONCLUSION,’ although it is accurate to state the issue of HIV/AIDS and its nexus with VAW needs to be seriously addressed at the regional and hemispheric level, it should be pointed out that Barbados has implemented a comprehensive and consistent programme on Gender and HIV/AIDS as part of the strategy to combat this pandemic. The strategy involves utilizing awareness campaigns in communities and institutions to highlight the different vulnerabilities and impacts of HIV/AIDS on women and men with a view to encouraging behavioral change in the efforts to reduce prevalence rates.
Generally the report can be classified as a fair assessment of Barbados’ response to the issue of VAW and the concerns and recommendations contained therein are noted. Some of these are already in process but fall outside the reporting period.
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