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Jamaica: Protection and/or redress available to victims of domestic violence and attitudes of the police and the judiciary toward women who report such cases (1995-present)

Several sources state that gender-based violence including domestic violence is widespread in Jamaica (Country Reports 2000; The Gleaner 6 Mar. 2001; ibid., 9 Feb. 2001; IPS 31 May 2000; UNDP 29 May 2000). The Jamaica Women's Crisis Center, which provides counselling and shelter for abused women, reportedly handled 2, 226 cases of domestic violence including rape and incest, in 1989, and by 1999, that figure had risen to 6,680 (IPS 31 May 2000).

Information in The Gleaner corroborates this information:

more than 6,000 women sought assistance from the Women Crisis Centre in 1999 because of domestic violence and last year more than 100 women were killed, 870 raped and 434 [were]victims of carnal abuse. In addition, 3,326 women called the Centre between January and June 2000 seeking help and the numbers are growing (9 Feb. 2001).

The Gleaner also reported that by March 2001, 14 women had been killed so far in the year. An average of 93 women had been killed per year over five years, mostly through domestic violence (ibid.).

A UNDP report on gender-based violence in Jamaica states that in 1998, 3,844 victims were assisted at the Kingston Crisis Center, including 109 for rape, 58 for incest, 1,037 for domestic violence, 1,510 for domestic crisis, 48 requests for shelter, 25 for reoccurrence, and 1,057 for other types of violence (29 May 2000).

The UNDP report, quoting data provided by the Emergency Unit of the Kingston Public Hospital, revealed that everyday in 1998, approximately 20 women were treated on an outpatient basis for wounds requiring stitches, and that 90% of these cases were the result of domestic violence (ibid.).

According to the report, judicial instruments for protection of persons affected by gender-based violence and for punishment of offenders include the Matrimonial Causes Act. Act 2 of 1989; the Domestic Violence Act, Act 15 of 1995, and the Offenses Against the Person Act (ibid.).

Country Reports 2000 elaborates that the "Domestic Violence Act of 1995" provides remedies for domestic violence, including restraining orders and other noncustodial sentencing. Breaching a restraining order is punishable by a fine of up to $250 (JS10,000) and/or 6 months' imprisonment " (Mar. 2001). See other Responses for reports of the application of the Act.

In separate interviews with the Research Directorate, a counsellor at the Women Inc Crisis Centre for Women (WICCW), and the programme officer at the Women's Media Watch, in Kingston, Jamaica, both agreed that although laws to protect women exist, they are not enforced (21 Aug. 2001).

The counsellor at the (WICCW) in Kingston explained that the manner in which the police handle a case of domestic violence depends on its gravity: in cases of severe bodily harm, the police will encourage the woman to seek medical help and will also carry out an investigation (21 Aug. 2001). In most cases, however, the tendency is to send women to the Women Inc Crisis Centre for Women for counselling (ibid.).

According to the programme officer at the Women's Media Watch, the police are "ineffective" in enforcing laws because of "traditional attitudes" towards women, which permeate the police and the judiciary (21 Aug. 2001). However, the counsellor at the Women Inc Crisis Centre for Women explained that laws are not enforced because women are not willing to see their spouses, who are also fathers to their children, prosecuted. This, she explained, is due to the fact that women are still dependent on men and sometimes they lack the financial resources to take the case to the courts of justice.

The counsellor further explained that in most instances, cases of domestic violence are handled by Family Courts, where women are provided with counselling, and where efforts are made to reconcile the women with her spouse. She acknowledged, however, that Family Courts only provide temporary respite as the violence often recurs (ibid.). Apparently,

Family Court was established in 1975 to deal exclusively with matters not wholly criminal or civil which need not be dealt with by High Court. These matters include issues such as financial maintenance of the wife and children, affiliation between the father and children, adoption and custody. With the creation of Family Court came the provisions for special counselling services to deal with family problems, as well as a child abuse unit to confront the ill treatment of children (Canadian High Commission Nov. 1993).

The counsellor with Women's Inc Crisis Centre for Women and the programme officer at the Women's Media Watch both acknowledged that currently there is an improvement, as police attitudes towards cases of domestic violence is beginning to change. They explained that the change has come about as a result of training provided to the police and the judiciary by the Women's Inc Crisis Centre for Women in collaboration with the Jamaican Constabulary Force (21 Aug. 2001).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please see below the list of additional sources consulted researching this Information Request.

References

Canadian High Commission, Kingston, Jamaica. November 1993. Joan Howe-Glandish. "An Overview of Violence Against Women in Jamaica: Attitudes of Authorities and Facilities for Assisting Victims."

Country Reports on Human Rights Practices for 2000. 2001. <http://www.state.gov/g/drl/rls/hrrpt/2000/wha/index.cfm?docid=805> [Accessed: 21 Aug. 2001]

The Gleaner [Kingston]. 6 March 2001. "Nearly 100 Women Killed Each Year." (NEXIS)

_____. 9 February 2001. "Women's Bureau Lobbies for Household Helpers." (NEXIS)

Inter Press Service [Bridgewater]. 31 May 2000. "Women-Caribbean: Still A Long Way To Go." (NEXIS)

United Nations Development Programme (UNDP). last modified. 29 May 2000. Barbra Bailey. "Jamaica." <http://www.undp.org/rblac/gender/jamaica.htm> [Accessed: 21 Aug. 2001]

Women Inc Crisis Centre for Women, Kingston. 21 August 2001. Telephone interview with Counsellor.

Women's Media Watch Jamaica, Kingston. 21 August 2001. Telephone interview with Programme Officer.

Additional Sources Consulted

The Association of Women's Organisation (AWOJA), Kingston, Jamaica.

The Women's Bureau, Kingston, Jamaica.

Internet sources including:

Amnesty International.

Human Rights Watch.

Search engine including:

Google

Lycos

Topics: Domestic Violence, Violence against women, SGBV,