Legislative / parliamentary oversight

Example: Kyrgyzstan Parliamentary hearings on efforts to prevent domestic violence  

In June 2008, the Kyrgyz Minister of Internal Affairs held parliamentary hearings with the deputies of the Zhogorku Kenesh (parliament) and representatives of law enforcement and judicial agencies, crisis centres, non-governmental organizations and the media. The hearings aimed to assess domestic violence prevention efforts and consolidate the proposed criminal procedure measures to increase the effectiveness of police responses in such cases. The assessment resulted in:

• Issuance of two ministerial orders related to:

  • strengthening the activities of the police officers to combat domestic violence (Order of the Ministry of Interior No 844 from 28.09.2009); and

  • increasing control over the issuing of a Temporary Protection Order (Order of the Interior Ministry No 321 from 24.04.2009)  

• Improved gender- disaggregated statistical data. For example, The Law on State Guarantees of Equal Rights and Equal Opportunities for Men and Women (2008) provides for the collection of gender-disaggregated statistics; while the National Plan of Action for Achieving Gender Equality (2007–2010) calls for the development of a gender evidence base and related statistical information. Since 2000, the National Statistical Committee has produced an annual compilation of sex-disaggregated statistics entitled “Women and Men in the Kyrgyz Republic”.

• Decisions to monitor the implementation of the Law "On Social and Legal Protection from Domestic Violence” and make amendments to the Law and develop a new version to be submitted to Parliament.

The initiative has contributed, among other efforts, to a rise in the numbers of temporary orders issued, although the figures are still very low in the context of the large number of domestic violence cases in Kyrgyzstan. The initiative was also highlighted as a positive effort, among other gender-based violence interventions, by the UN Special Rapporteur on Violence Against Women, its Causes and Consequences during her visit to the country in 2009, although she noted that there was a need for sustained implementation of actions over time, and greater outreach to both police and the population to raise awareness and counter negative practices.

Sources: UN Secretary-General's database on violence against women Kyrgyzstan Country Page; Interviews with Gulsara Alieva, gender focal point of Ministry of Internal Affairs and Aleksandra Eliferenko, Association of crisis centres (2010); United Nations General Assembly (2010) Report of the Special Rapporteur on violence against women, its causes and consequences, Mission to Kyrgyzstan

Promising practice: Public Hearings in South African Parliament on implementation of the Domestic Violence Act

In October 2009, the Portfolio and Select Committees of the South African Parliament held two days of public hearings on the implementation of the 1998 Domestic Violence Act. Oral submissions were made by a variety of civil society organizations and experts including the Legal Resource Centre, People Opposing Women Abuse, a University of Cape Town professor, the Centre for the Study of Violence and Reconciliation, Projects Abroad Human Rights Office, Mosaic, the Gender Advocacy Programme, the Saartjie Baartman Centre, REACH, the Cape Law Society, the Women's Legal Centre and Thoyando Victim Empowerment. Several survivors also provided personal testimonies. Key issues raised with respect to the sector’s performance included:

• The lack of adherence to the National Instructions of the South African Police Service on domestic violence

• The absence and lack of clarity of guidelines for police officers

• Pressures on police to reduce crime statistics contributing to failure to accurately record domestic violence incidents

• Failure by police officers to inform victims of their rights

• Impunity for state agents who failed to carry out their duties

Key recommendations made by contributors included the need for:

• Establishment of a specialized police unit to deal with domestic violence complaints

• Provision of adequate and continuous training to police officers

• Regular progress reports to parliament by the Police on their implementation of the Act

• Amendment of the Domestic Violence Act to correct ambiguity concerning arrest warrants, allowing officers to arrest a perpetrator without warrant if imminent harm is suspected

In February 2010, a draft report on the hearings was issued, with various conclusions related to the police:

Non-compliance:

• There appeared to be a disincentive for police to record domestic violence cases; following targets set for reducing contact crime, police often turned away people reporting domestic violence, to create the appearance of a reduction in the figures.

• Firearms were not always confiscated after being used to threaten victims, nor were perpetrators’ licenses suspended.

• The safety of persons with protection orders was compromised, as police were not always willing to serve the protection order or arrest perpetrators who had violated the protection order.

• Numerous incidents were reported citing the appalling attitude of police, who often subjected victims to secondary abuse.

• There was a need for risk assessment to make victim safety a priority when returning to the environment.

• Lack of resources: The police claimed they had no vehicles available and services were not rendered in cases where reports came from outside their jurisdiction, particularly in rural areas.

• Service of protection orders: Protection orders often did not serve the purpose they were intended, because the victim had to return to the abusive environment; cost implications were not applied uniformly across the country; and reluctance of police to serve protection orders, or undue delay, placed the victim in grave danger.

• Training: The Police Service provided training, but was insufficient on its own and there was a need to review existing training modules and to monitor and evaluate their application, and to debrief officials to keep them sensitive to the issues they were dealing with.

• Specialized Units: The reestablishment of the Family Violence Child Protection Unit and Sexual Offences Units was welcomed, but more information was needed, particularly around the mandate regarding domestic violence.

Overall, it was recommended that certain sections of the Domestic Violence Act be amended, including police powers to arrest a perpetrator and the precise meaning of ‘imminent harm’. The report suggested police training on the Act be improved, particularly around serving protection orders, and made additional recommendations as follows:

• the need for training norms and standards that were consistent around the country.

• amendment of the Department of Police‘s National Instructions to provide clear guidelines to police officers on when perpetrators should or should not be arrested.

• the need for a five-year plan and an indication from the Department of Police looking at decreasing the incidence of domestic violence, clearly stating the role of South African Police Service Evaluation Service in monitoring progress on those targets.

• close monitoring of referrals made by police officers to domestic violence survivors for health care services and counselling.

• maintenance and monitoring of domestic violence registers, including accountability for those responsible.

• development of a mechanism to deal with withdrawals or situations where women did not wish to pursue charges but still required help and protection.

• allocation of sufficient resources in terms of obtaining forensic evidence.

• the parliament should insist on reports from the Department of Police on its compliance with the Act and Firearms Control Act as it relates to domestic violence.

Sources: Parliamentary monitoring Group; Public Hearings on the 11 year implementation of the Domestic Violence Act. 

Promising practice: The role of women parliamentarians and women’s organizations in creating gender-responsive security policies in South Africa

The Republic of South Africa’s National Defense Review was conducted between 1996 and 1998. At the insistence of women parliamentarians and others, the Parliamentary Joint Standing Committee called for the Review to be undertaken as a nationwide consultation process, with contributions made by members of the defense industry, civil society groups, including defense-related NGOs and women’s organizations as well as representatives of the academic community. A variety of measures were taken to ensure public participation, including the use of military planes and buses to transport religious and community leaders, NGO activists and representatives of women’s groups to regional meetings and workshops. The consultative and transparent nature of the process changed the perception of the military in the eyes of the public, giving the Review legitimacy and credibility.

The Review included a focus on ‘human security’ and emphasized the creation of a non-sexist institutional culture, including an obligation of the Ministry of Defense to identify and eliminate discriminatory practices and attitudes in the armed forces. It called for affirmative action and equal opportunity programmes, acknowledgment of women’s right to serve in all ranks and positions, including combat roles.

Women at the grassroots level and in rural areas demanded greater freedom; equality in the eyes of law and society; the right to property ownership; access to safe housing, employment, and education; and protection from all forms of violence. Grassroots women’s organizations were vital in drawing attention to previously ignored issues such as the needs of dispossessed communities whose land had been seized for military use, the environmental impact of military activities, and sexual harassment by military personnel, which contributed to the formation of a defense sub-committee on sexual harassment of women by military personnel.

Following the two-year participatory defense review process and the issuance of the White Paper, a number of mechanisms were instituted to address the issue:

• the Defense Act of 2002, which classifies sexual harassment and discrimination as criminal offences;

• creation of a Gender Focal Point within the Equal Opportunities Directorate, with outreach across the services and divisions;

• a Gender Forum to implement gender policies in the Department’s lower levels;

• a telephone hotline to report cases of sexual harassment and gender-based violence by defense personnel; and

• a Gender Sensitization Programme within the Department to raise awareness and understanding of gender policies.

• The process also resulted in the government’s recognition of the need to integrate gender-based training into peacekeeping operations, drawing upon the expertise of non-governmental organizations.

Sources: Anderlini, S.N. and C.P. Conaway (2004), ‘Negotiating the Transition to Democracy and Reforming the Security Sector: The Vital Contributions of South African Women’, Washington DC: Women Waging Peace Policy Commission, quoted in Enhancing Security Sector Governance in the Pacific Region, a Strategic Framework, UNDP, PIFS, DCAF January 2010; Luciak, I. (2008), ‘Parliamentary Oversight of the Security Sector and Gender – Tool 7’, Gender & Security Sector Reform Toolkit, Eds. Megan Bastick and Kristin Valasek, Geneva: DCAF, OSCE/ODIHR, UN-INSTRAW: DCAF.