Feedback on the Draft National Plan of Action for Implementation of Sexual Offences and Domestic Violence Acts

(The Ministry of Social Protection, Guyana has requested comments from the public on the Draft National Plan of Action for Implementation of Sexual Offences and Domestic Violence Acts 2017- 2021. The deadline is 1 October, 2017 . Comments can be sent via email to msodvpu (@) gmail dot com I have uploaded the documents to an online folder. )

I submitted this feedback on the plan.
 
The Ministry of Social Protection has invited comments from the public about the National Plan of Action for Implementation of Sexual Offences and Domestic Violence Acts 2017- 2021.

I have seen the following documents :-

• Draft National Plan of Action for Implementation of Sexual Offences and Domestic Violence Acts 2017- 2021
• Synopsis of the National Plan
• Monitoring & Evaluation of National Plan of Action for implementation of The Sexual Offences Act 2010 And The Domestic Violence Act 1996
• Supporting documents for TORs for National Plan of Action on Sexual Offences and Domestic Violence 2016 – 2020

My comments are based on my participation in the work to eradicate all forms of gender based violence including sexual  violence; and to promote child protection. I was involved in a Caribbean initiative to train Police and Social Workers in 2000/2001. The manual is available at http://www.hands.org.gy/files/5%20Day%20DV%20Manual.doc

I was also involved in the development of a National Domestic Violence Policy (http://www.hands.org.gy/dvpolicy ) in 2008.  That policy to my mind was not implemented after it was launched.


1. Two separate plans, not one

I believe there should be separate plans for the Implementation of the Sexual Offences Act, and a separate plan for the Domestic Violence Act.  The merging of the activities to implement critical legislation diminishes the level of resources and national attention which has to be put to each issue.

The issues of domestic violence and the prevalence of sexual violence are based on patriarchy and on our high tolerance for violence in Guyana.  Patriarchy undermines the effective implementation of these laws.  Physical violence against children is tolerated as discipline and punishment.

There might be similar types of activities which have to be done to deal with both issues. However, there are different responsibilities for different actors in the justice system.

The dynamics of domestic violence require that the Government and others learn about the complex factors which entrap survivors.

There are different levels of responses as outlined in the different legislations.

The Sexual Offences Act (2010) is specific in Section 87 (Annex 1 to this document)  about mandating a National Plan for the Prevention of Sexual Offences. This plan according to the SOA, should be co-ordinated by a National Task Force convened by and accountable to the President of Guyana. 

I understand that the Draft National Plan of Action for Implementation of Sexual Offences and Domestic Violence Acts 2017- 2021 is NOT the National Plan for the Prevention of Sexual Violence. 

The Domestic Violences Act in Section 44  (Annex 2) also proposes a range of actions which the Director of Social Services should engage in to address domestic violence. The DSS could collaborate with different agencies to engage in the actions. It seems that the Government has vested these responsibilities in a Sexual Offences & Domestic Violence Policy Unit in the Ministry of Social Protection.

It should be possible to have different work plans for different issues within the Ministry.  It would be more efficient to manage and resource those plans separately. 
There is reference in the plan to also include training in the Protection of Children Act. The level of training required for this should be based on the duty bearers and their responsibilities under the act. There might be need for additional protocols for this act.

2. Accountability as a priority, lack of training is NOT an excuse
The draft plan envisages a wide range of training with different groups. The trouble is that training without accountability will not bring about any of the changes needed to implement the legislation.

The Guyana Police Force has been exposed to different levels of police training  in domestic violence, since 1997, if not before. 

While training might result in knowledge change, there are times when behaviour change has not happened.

There is need for all agencies to publicly commit their officials to the appropriate behaviour and actions which the public should expect when reporting domestic violence and sexual offences.

There is enough knowledge in Guyana as to designing the appropriate protocols and standards for each agency’s accountability for their role in implementing the legislation. The accountability for the Protection of the Children Act is also vested in the Child Protection Agency, and not the S&DV Policy Unit.  The scope of child protection extends beyond protection from domestic violence and sexual violence.

The first activity in the plan should be the adoption of the different protocols which should be publicised. The training then should be designed to ensure that the public servants and other duty bearers have the appropriate knowledge, behaviour and attitudes.

So when a policewoman allegedly tells a woman who has come to  ‘No crying in this station..” the public should know the course of action to ensure healing for the policewoman and her colleagues who do not object to her comments.

3. Training time to include time for self-examination

It would appear from the draft plan that the training sessions are meant to be short (one and a half days) and intensive, and to focus on the legislation. 

Dr Janice Jackson has been involved in police training. She wrote in a paper “Policing Domestic Violence Context, Status and Prospects” (available from  http://www.hands.org.gy/node/118)  that

“Orienting the minds of officers and ranks to their role in the promotion of self understanding and the practice of responsible behaviour is essential. Therefore, training which addresses self exploration and gender must be provided. Too many persons are unaware of factors which influence their behaviour, beliefs and attitudes. Too many lack knowledge of what makes them a man or a woman. Functioning in this capacity on a daily basis without conscious thought about the meaning of these roles does lead to unnecessary stress and conflict, some of which result in domestic violence.”

However, the time to do the relevant self-examination would take much longer depending on the experience of the individuals and the context of their work.   Time is needed to understand the effects of the violence, and the needs of the survivors.

In my experience, sessions which last two or three days BEFORE getting into the law are needed for persons to fully understand and hopefully empathise with survivors of domestic violence and survivors of sexual violence.

4. Training modes
The Ministry might want to explore delivering some aspects of the training in online mode. These aspects, for example the specific aspects about the legislation and court system, could be designed and made available publicly. There could be a reduction of costs associated with training especially with the refresher modes. “Refresher training’ for those who have already been trained but are still not performing could also be done online.

There might be some mentoring for them to understand why they are not performing their roles as outline in the legislation.

There are plans to expand the access to the Internet across Guyana. The University of Guyana IDCE could be a partner in designing and delivering the courses – whether asynchronously or synchronously.  There could be incentives for persons who complete the courses – perhaps credits in their professional development.

5. Regional/jurisdiction level Plans
There is mention in the plan in conducting education and awareness at the Regional level. Each region has different resources available to survivors of domestic violence and sexual violence. 
The training then should be tailored to each Region as there are different dynamics as it relates to the implementation of legislation.

There should be some focus as well on Regional plans to improve the access to justice and services within each Region for persons who experience sexual violence. 

6. Court support advocates/community monitors
Red Thread, Help & Shelter , Roadside Baptist Skills Training Centre are three NGOs which have had a system of providing support to persons who have to access the police and the courts. There is no doubt that this service is necessary and critical.

The Ministry of Social Protection should be expanding their staff to include budgets to pay for Court support advocates and community monitors. The National Plan should include a component of recruitment and training of court support advocates and community monitors, and protocols established with the courts and police stations for the work.






Annex 1 : Section 87 of the Sexual Offences Act (2010) says :-

(1) There shall be established an inter-agency task force to be known as the National Task Force for the Prevention of Sexual Violence which shall have the duty to develop and implement a national plan for the prevention of sexual violence.

(2) The President shall appoint the members of the Task Force, which shall include the Ministers of Legal Affairs, Home Affairs, Human Services and Social Security, Amerindian Affairs, Education, Health, Local Government, Youth, Sport and Culture, senior public officers with responsibility for law enforcement, health and human and social services and persons from non-governmental organisations.

(3) The Task Force shall carry out the following activities either directly or by one or more of the constituent ministries as appropriate –

(a) develop and publish within a reasonable time of the coming into force of this Act, a National Plan for the Prevention of Sexual Offences, which shall include the necessary steps to eradicate sexual violence in Guyana;

(b) develop initiatives for prevention of sexual violence;

(c) co-ordinate the implementation of the National Plan;

(d) commission and co-ordinate the collection, publication and sharing of data among government agencies;

(e) establish policies to enable the Government to work with non- governmental organisations, faith-based organisations, community-based organisations and other elements of civil society to prevent sexual violence and provide assistance to victims of sexual violence;

(f) provide guidance to the Sexual Violence Unit;

(g) develop national policy guidelines and protocols for victims of sexual violence and address matters relating to police services, prosecution, medical services, social service, probation service and prison service;

(h) monitor the implementation of this Act, the National Plan and the National Policy Guidelines and protocols;

(i) co-ordinate national education and awareness programmes;

(j) focus special attention on the issues of sexual violence in remote areas, including access to police support and medical attention, court services;

(k) determine the effectiveness of public awareness exercises and measures to be taken to ensure effectiveness;
And provide guidance on the development of training programmes specified under section 91 of the act. These training programmes are for police, magistrates, judges and others who work in the Criminal Justice system.


Annex 2  Section 44 (1) of the Domestic Violence Act of 1996 

Section 44 (1) of the Domestic Violence Act of 1996  says :-  The Director of Human Services in the Ministry of Labour, Human Services and Social Security shall be responsible for—

(a) promoting and developing educational programmes for the prevention of domestic violence;

(b) studying, investigating and publishing reports on the domestic violence problem in Guyana, its
manifestations and scope; the consequences and the options for confronting and eradicating it in
conjunction with the Police Force and other agencies and organisations;

(c) identifying groups and sectors in society in which domestic abuse is manifested and educating these groups and sectors making them aware of the skills required to combat domestic violence;

(d) creating an awareness among society with regard to the needs of victims of domestic violence and their families;

(e) developing strategies to encourage changes in the policies and procedures in government agencies in order to improve their response to the needs of the victims of domestic violence;

(f) establishing and encouraging the establishment of programmes on information, support and counselling services for victims of domestic violence;

(g) encouraging programmes of services for boys and girls who come from homes where there is abuse and violence;

(h) providing training and orientation services for police officers and persons who assist in the treatment and counselling of victims of domestic violence and abuse; and

(i) analysing and carrying out studies on the need for education and retraining for persons who engage in conduct that constitutes domestic violence and abuse and for their rehabilitation.

(2) In carrying out his responsibilities the Director of Human Services may collaborate with such governmental, non-governmental and inter-governmental organisations as he thinks fit.