Georgetown : Minister of Human Services and Social Security, Jennifer Webster officially launched the Domestic Violence Regulations.
The regulations are in accordance with the Domestic Violence Act, Chapter 11:09, and serve to address deficiencies, which were identified in the said Act.
During the ceremony yesterday, which was held at Cara Lodge, Quamina Street, Georgetown, Minister of Legal Affairs and Attorney General (AG), Anil Nandlall, pointed out that the regulations were developed, after a series of consultations with legal practitioners, and those who are required to interpret the act, such as the magistrates, and those who are responsible for enforcing several provisions of the Act, such as the Guyana Police Force (GPF).
He said that, “Deficiencies were identified in the Act, short comings were identified practically, in terms of getting the benefits of the act enjoyed by the victims of domestic violence, and as a result, those consultations culminated in a consultancy, which made the recommendations out of which the regulations finally came forward…and it is expected that the best possible use will be made of them.”
Further, he noted that the Act itself will soon undergo amendments, as such things like the definition of Domestic Violence was omitted. He emphasised that these regulations are separate and they do not depend on those amendments being made. “They are intended to address deficiencies, omissions, difficulties that one confronts, when trying to get the intended relatives under the legislation,” he said.
Some of the issues addressed by these regulations include clarification that the remedies offered by the Act are not limited merely to the protection order, but include the tenancy and occupation orders. The supplicant may apply for any of those remedies at the same time.
It also addresses issues such as complaints about respondents represented by an attorney-at-law, seeking leave to reply to the application, which delays the process and exposes the applicant to further potential harm. While the respondent is permitted to respond to the application at the hearing of the application, the hearing shall not be delayed to allow response prior.
Further, there were no guidelines in the Act for the magistrates to make a decision on what was “practicable. The regulations have remedied this by adding the word “reasonable” and defining “reasonably practicable.” This means that the personal service by the applicant is not “reasonably practicable” if it will endanger the life of the applicant or the person making the application on his/her behalf, or if the court deems it so for any other reason. The applicant does not need to be present at the time service is executed, as abusers often become particularly violent when they learn that legal action is being taken against them.
These are followed by several other such regulations which were listed by the Attorney General.
He also pointed out that according to the World Bank, women aged 15-44 are more at risk from rape and domestic violence than from cancer, car accidents, war, and malaria, combined. Further, the data indicate that half of the women who died by homicides are killed by their current or former husbands or partners.
The AG added that these regulations are not intended to be conclusive because “the regulations by their very nature are changeable and are likely to be … modified to meet the exigencies of situations that will develop, so we will begin another round of scrutiny of monitoring, to see whatever problem t
As regards the Act, he also acknowledged that “a menu of amendments will be done to the substantive legislation early in the next parliament (because it cannot be done outside the sitting of the National Assembly), but the regulations can be done without any parliamentary intervention, and therefore we will continue to ensure that we monitor the situation, so that more regulations can be drafted, regulations can be expanded, so that we treat, with every major difficulty which is encountered, as we seek to prosecute domestic violence complaints with a view of total annihilation.”
Further, the minister pointed out that much effort has been made over the years, to address this issue. “At the level of the police station, for example, we had and perhaps still have the difficulty of getting police officers to react to complaints of domestic violence with requisite seriousness and gravity that they deserve, but the situation has changed. I’m not saying it’s perfect, but a lot of it has changed for the past 15-20 years. Today, we have at most, if not all police stations, a dedicated desk to deal with domestic violence complaints, we have police officers who have undergone some training in treating with domestic violence applications, and special efforts have been made to ensure their familiarity with the Domestic Violence Act, so at the level of the law enforcement agency, and at the level of the judiciary, substantial work has been done and I have no doubt that it is going to be a work in progress.”
In addition to that, there have been other legislative changes that directly or indirectly impact upon domestic violence complaints being smoothly ventilated in the court system, he stated.
These include The Prevention of Crimes Act 2008, which he pointed out, makes it mandatory for those convicted of domestic violence, to be supervised by the police for three years after completion of their sentence; The Evidence (Amendment) Act No. 19 of 2008, which further protects witnesses, including victim witnesses, by allowing for the taking of oral evidence and making of submissions, via visual links and the use of audio-visual link facilities for conducting identification parades; and the Criminal Law (Procedure) (Amendment) Act No. 17 of 2008, which allows the magistrate to exercise his/her discretion, and admit into evidence, a written statement in lieu of the actual presence of the witness (paper committal).
Meanwhile, Minister of Education and the former Minister of Human Services and Social Security, Priya Manickchand, in her brief remarks at the event, noted that domestic violence springs from the inequality of genders, and although the world has been working towards curbing it, millions are being spent on developmental aid worldwide, but Guyana has recognised the root cause, that is, gender inequality.
She added that by doing so, the government has moved to empower its women, and there have been tremendous results in this regard.
Minister Manickchand further stated that the stamping out of domestic violence will never be a success, if it is solely a governmental effort.
Meanwhile Minster Webster reiterated that “today is another day in Guyana’s history book.” She added that it is government’s priority to protect the victims as she urged the enforcement of these regulations and law.
Further, the Minister urged greater collaboration among the frontline workers especially doctors and other medical professionals who may see signs of abuse while treating patients.
In closing, the AG reaffirmed government’s commitment to curbing this situation by saying “domestic violence has been with us for a very long time and may be with us for a long time but we are doing all that we are required to and all that we can possibly do to ensure that we stamp it out.”
In the gathering at the event, were members of the diplomatic corps, various governmental and non-governmental agencies.
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