Country presenters outline struggle against violence - 02 December 2003

United Nations, Bangkok – The challenge of creating adequate legislation to deal with domestic violence was discussed today at the East and Southeast Asia Regional Workshop, Domestic Violence Legislation: Moving Towards Regional Networking and Strategies.

All the countries attending were asked to present the current state of domestic violence legislation, and the challenges still remaining to enact effective legislation.

The three-day conference being held in Bangkok on 1-3 December 2003 is the final stage of the UNIFEM Regional Programme on the Elimination of Violence Against Women (EVAW). The goal of the conference is for participants from 14 Asian countries to exchange lessons on drafting domestic violence legislation, as well as plan for a regional network to strengthen the fight against gender-based violence in each country.

Among the comments made by country presenters were the following:

Cambodia

The challenge of enacting legislation to deal with domestic violence in Cambodia was discussed today at the East and Southeast Asia Regional Workshop, Domestic Violence Legislation: Moving Towards Regional Networking and Strategies.

“We need to break the silence and provide survivors of domestic violence a voice,” said H.E. Ms. You Ay of the Ministry of Women’s and Veteran’s Affairs.

“If the domestic violence bill passes, it will help keep families together, not break them apart,” Ms. You Ay told delegates.

The three-day conference being held in Bangkok on 1-3 December 2003 is the final stage of the UNIFEM Regional Programme on the Elimination of Violence Against Women (EVAW). The goal of the conference is for participants from 14 Asian countries to exchange lessons on drafting domestic violence legislation, as well as plan for a regional network to strengthen the fight against gender-based violence in each country.

All the countries attending were asked to present the current state of domestic violence legislation, and the challenges still remaining to enact effective legislation.

Ms. You Ay outlined the lengthy – and as yet unsuccessful – attempt to get a domestic violence bill passed in Parliament.

Ms Ay said that when the draft bill was debated in parliament last year, debate focused on issues like the ‘all under one roof’ clause, which included domestic workers, as well as several MPs rejecting the notion of emotional violence. Many parliamentarians could not accept a clause that permitted police to intervene in domestic situations without a warrant.

Ms Ay said some MPs were simply not willing to debate the issue, and parliament sessions were cancelled under ‘no quorum’ rules when not enough members turned up.

Nonetheless, Ms Ay said her ministry and the new government remain committed to the issue, and a new draft will be tabled for discussion as soon as possible.

Mongolia

‘The struggle for a domestic violence law was the first successful cooperation between NGOs and Parliament members in Mongolia,’ said Oyuntsetseg Khurts, explaining that a core of about 20 women MPs was instrumental in advocating for a draft bill.

Ms Oyuntsetseg told conference delegates that despite the important collaboration, a law may not pass soon – as 90 percent of parliament members are men.

Nonetheless, Mongolia has made important progress in recognizing women’s rights in the past decade.

Beginning in 1996, the Mongolian Women Lawyers’ Association and the National Center against Violence have been working to create a draft law on domestic violence, and an ongoing public awareness campaign was launched in 1997.

Some success came in 2002, when the Parliament formed a task force to study the issue and draft a domestic violence bill.

Ms Oyuntsetseg said the process involves many obstacles, particularly as the law should involve a lot of community control – which is a new concept in Mongolia.

The Philippines

The challenge of enacting legislation to deal with domestic violence in the Philippines was discussed today at the East and Southeast Asia Regional Workshop, Domestic Violence Legislation: Moving Towards Regional Networking and Strategies.

‘We are trying to erase a whole tradition going back thousands of years – not just a few incidents,’ Maria Sarabia of Kalakasan said of the fight to end domestic violence.

Ms Sarabia told conference delegates of the history of the effort to pass domestic violence legislation in the Philippines, including the recent division between two competing bills, the AWIR and the Domestic Violence drafts.

Ms Sarabia’s comments came at the three-day conference being held in Bangkok on 1-3 December 2003. The conference is the final stage of the UNIFEM Regional Programme on the Elimination of Violence Against Women (EVAW). The goal is for participants from 14 Asian countries to exchange lessons on drafting domestic violence legislation, as well as plan for a regional network to strengthen the fight against gender-based violence in each country.

All the countries attending were asked to present the current state of domestic violence legislation, and the challenges still remaining to enact effective legislation.

Despite the long debate over the merits of the two draft bills, legal consultant Ms Rowena Guanzon informed the conference that the senate announced that it will fast track the AWIR and DV bills and pass them in early 2004.

‘These laws, although they have taken time, will be among the most progressive in the region,’ Ms Guanzon said. She said they will be very strong from a punitive standpoint, with possible jail terms for physical violence extending to six year imprisonment.

Vietnam:

‘Domestic violence legislation is relatively adequate, but scattered and some sanctions are inappropriate,’ said Le Thi Ngan Giang, head of the Legal Counsel unit of the Vietnam Women’s Union.

Giang told the conference delegates that while the Vietnamese government has long recognized domestic violence as a public matter, they are still debating how best to tackle, from a legal perspective, the widespread nature of domestic violence.

The three-day conference being held in Bangkok on 1-3 December 2003 is the final stage of the UNIFEM Regional Programme on the Elimination of Violence Against Women (EVAW). The goal of the conference is for participants from 14 Asian countries to exchange lessons on drafting domestic violence legislation, as well as plan for a regional network to strengthen the fight against gender-based violence in each country.

All the countries attending were asked to present the current state of domestic violence legislation, and the challenges still remaining to enact effective legislation.

Ms. Giang outlined the provisions of the 1999 Criminal Code that related to domestic violence, including article 151 on the maltreatment or battering of grandparents, parents, spouses or children.

The Criminal Code stipulates punishments for violence in the marriage and family, thereby affirming that domestic violence is not a private matter.

However, Ms. Giang admitted the ongoing problem: “These civil measures are difficult to address, due to the special relationship between the victims and the offenders.

Reconciliation is a common approach in Vietnam, but Giang said the government recognizes that more research is needed to study the problem, and the immediate goal will be to include a charter on domestic violence in the Gender Equality Law that will be debated in Vietnam in 2004.

Also representing Vietnam at the regional conference were Ms Nguyen Thi Hoai Thu and Ms. Tran Thi Minh Chanh of Parliament Committee for Social Affairs, and National Assembly delegate Ms. Nguyen Tuyet Suong.

Please check back soon to download copies of the conference papers, and the kit ‘A Life Free of Violence:  It’s Our Right!’

The UNIFEM Regional Programme on Eliminating Violence Against Women works in seven countries to raise awareness, strengthen legislation, build capacity and support innovative pilot models to stop gender-based violence. For more please see the EVAW programme page.

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