Legal Assistance Centre-Namibia

DOMESTIC VIOLENCE
GENDER RESEARCH & ADVOCACY PROJECT

Click here to see how GR&AP has been involved in tackling the problem of domestic violence in Namibia.

THE COMBATING OF DOMESTIC VIOLENCE ACT
The Combating of Domestic Violence Bill introduced into Parliament in October 2002 was very close to the proposals initially put forward by GR&AP. The GR&AP shared information about the bill and lobbying strategies at various forums with NGOs, such as the Multi-Media Campaign on Violence Against Women and Children, Namibian Women's Voice, and also with both majority party and opposition MPs.

In February 2003, the GR&AP worked together with a range of civil society groups to plan a demonstration on the domestic violence bill to coincide with the opening of Parliament. The government efforts to obstruct this demonstration and the resulting urgent application in the High Court actually resulted in increased publicity for the bill, even though the application to remove the restrictions imposed by the police was unsuccessful. Simultaneous demonstrations organized by grassroots-based NGOs were held nationwide. In the weeks that followed, GR&AP provided background briefings to interested groups to assist them with independent lobbying efforts.

GR&AP studied the amendments which were made to the Bill by the National Assembly and mobilised an NGO response. Joint representations opposing one amendment were made to the National Council, but were unsuccessful. However, the GR&AP still considers the bill which was passed a victory, as it remains substantially in the form promoted by the NGO community.

Once the bill passed, the GR&AP assisted the Ministry of Justice with the drafting of regulations and forms to accompany the Act, placing particular emphasis on the need for simple, user-friendly forms. The Act came into force on 17 November 2003.

Since then, GR&AP has focused on training and awareness raising around the new law. For example, domestic violence has been a key topic at community workshops and on radio programmes aimed at the general public. GR&AP regularly trains professionals and service providers such as police officers and social workers on the new law, and we have also produced a training video on domestic violence for clerks of court.

OVERVIEW OF THE COMBATING OF DOMESTIC VIOLENCE ACT
The law covers a range of forms of domestic violence, including sexual violence, harassment, intimidation, economic violence and psychological violence. It covers violence between husbands and wives, parents and children, boyfriends and girlfriends and between family members. The law gives those who have suffered violence alternatives to laying criminal charges, by setting up a simple, free procedure for getting a protection order from a magistrate's court. A protection order is a court order directing the abuser to stop the violence. It can also prohibit the abuser from having any contact with the victim. In cases of physical violence, it can even order the abuser to leave the common home. It is possible for people who have suffered domestic violence to seek a protection order and lay a criminal charge at the same time if they wish. There are social provisions to protect the privacy of a complainant who lays a charge, and provisions which will make the court process less traumatic.

STUDY TO MONITOR THE IMPLEMENTATION OF THE ACT
The Combating of Domestic Violence Act 4 of 2003 is an excellent piece of legislation designed to protect the most vulnerable. Unfortunately, the Legal Assistance Centre received reports that applicants for protection orders are sometimes turned away, or experience long delays in urgent cases. In many cases no assistance is given in filling out the forms – which can lead to incomplete information and a refusal by the magistrate to grant a protection order. The terms of protection orders do not always suit the situation and protection is thus not afforded to those most in need. In order to assess the situation more comprehensively, the Legal Assistance Centre commenced a study in 2006 which will examine the implementation of the provisions on protection orders in the Act.

Data collection from the field was virtually complete in December 2007, with information on some 1000 protection orders collected from 18 locations. Interviews were conducted with service providers in most of these locations. Specific research was carried out on the question of why many clerks of court are not designated as Commissioners of Oaths, as this appears to be an obstacle to effective assistance from clerks to applicants for protection orders. Meetings with South African and regional experts to discuss implementation issues took place in October. Data analysis is expected to be complete in February 2008. It has proved to be difficult to extract data from the protection order applications in a form which can be usefully categorised.

In early 2008 the data will be incorporated into a draft report which incorporates a literature review. Draft recommendations will be discussed with key stakeholders, and their feedback incorporated into the final report which will be launched at a Workshop in mid-2008.

GENDER-BASED VIOLENCE ADVISORY BOARD
The GR&AP Coordinator has been named as a representative to the Gender-Based Violence Advisory Board established with a Cabinet mandate in the wake of the National Conference on Gender-Based Violence convened by the Ministry of Gender Equality and Child Welfare in June 2007. This Advisory Board held its first meeting on 25 October 2007, and GR&AP was instrumental in guided the formulations of its terms of reference at this meeting.

OTHER ACTIVITIES
In 2003, the GR&AP produced another local feature-length film, entitled Whispers in the Wind, which ties the theme of domestic violence to the issues of child abuse and HIV/AIDS.

Another recent awareness-raising initiative was the publication of Cry the Abused Mother and Child, a book of poetry by local writer Petrus Hakskeen, illustrated by secondary school students from three schools in different parts of Namibia. The book was launched at an event hosted by the Multi-Media Campaign on Violence Against Women and Children for the Day of the African Child on 16 June 2003, and copies have been distributed to all secondary schools in Namibia.

In November 2005 members of the GR&AP participated at a National Conference on Women and Child Protection hosted by the Woman Child Protection Units and UNICEF. The GR&AP lead two panel discussions at the conference, one on the reporting of suspected child abuse by professionals and another on case withdrawals and ways to support complainants and discourage withdrawals.