Attorney General Anil Nandlall on Friday announced plans to revamp the domestic violence laws and related legislation and to rollout 24-hour units to help abuse victims.
The announcements coincided with the opening of Domestic Violence Interview and Virtual Hearing Rooms at seven courts within the Berbice Magisterial District as a result of a partnership between the judiciary and UNICEF.
Speaking at the opening of the special room at the New Amsterdam Magistrate’s Court, Nandlall acknowledged the devastating spin-off effects of domestic violence, which he said destroys the social unit of the family that forms the basis of modern society. He said the effects of the attack on the family manifest not only in the form of violent crimes but also in suicide, alcoholism, prostitution, sexual abuse, trafficking in persons, etc. “A whole series of crime and social conduct that are unacceptable to a civilized society,” he said.
He added that the government has long recognised that domestic violence is both a “destructive social problem as well as a gruesome human rights tragedy,” which is entrenched across Guyana, and transcends ethnic barriers, racial barriers, class barriers, religious barriers, and even professional barriers, “Importantly the government recognizes it as a serious problem and we continue to remain committed to stamping it out in every form and fashion that it exists in our society,” he stressed.
Nandlall, however, noted that addressing the issue is not a job alone for a government but rather it’s a “societal problem,” hence everyone must commit themselves to stamping it out. He added that there is need to continue to explore new initiatives, whether they may be legislative, social, or political, to deal with domestic violence at all levels of society, “whatever measures are necessary that can have a curative effect on this fundamental problem that we face as a people and a country, it is our duty to explore and embark on those policies and initiatives.”
Law reform
Focusing on government’s response, Nandlall announced that the Domestic Violence Act and Sexual Offences Act are among the legislation that would be overhauled next year. “Revamping the Domestic Violence Act would be a small measure only, but that will be done. A new Trafficking in Persons legislation will also be tabled shortly in the National Assembly. Our Sexual Offences Act will be subjected to an overhaul in 2022 as well. A Restorative Justice Bill will be tabled in the National Assembly very shortly in the year 2022,” he said.
Speaking on restorative justice, he explained that the concept involves going “into the mind of the person guilty of the deviant behaviour and to examine the circumstances that may have precipitated the impugned conduct and try to implement a process of reform that will address those source issues with a view of removing them permanently from their place of abode so that not only would the offender not have that issue to go back to but it will not exist for others.”
He said if the root problem is found to be domestic violence, it will be addressed as he pointed out that failing to do so could see recidivism. “Restorative justice is this new concept that is different from the type of penal sanctions to which we are accustomed. It is a lighter side of punishment influenced severely by the rehabilitative factors and reformative elements as opposed to punitive sentiments,” he added.
Nandlall added that local personnel have already been trained in restorative justice, while both the judiciary and magistracy have had workshops. “… Prosecutors have been trained, the Amerindian communities we have trained toshaos, on the coastal areas we have trained religious and other social leaders in this science called restorative justice, so 2022 will see the government pursuing that measure. The bill is already completed and shall go to Parliament in the New Year,” he noted, while also mentioning that government will also be tabling a sexual harassment law and would be strengthening the anti-discriminatory laws.
Meanwhile, Nandlall also announced that the Ministry of Human Services and Social Security in collaboration with the Ministry of Legal Affairs, UNICEF, and other agencies will soon launch a 24-hour unit that will offer a range of services largely targeting the domestic/sexual violence victims.
He said they will be launched in strategic areas across Guyana, “where abuse victims can go to this unit at any hour and they should be able to have access to the police, to medical services, to legal services, to counselling, and any related services in one centre 24 hours per day because we know the difficulties that domestic violence victims continue to face as they try desperately to access the justice system and to seek the protection of our law enforcement agency.”
Nandlall then pointed out that yesterday’s opening of the special rooms is an initiative of the judiciary to address the very problem.
Conscious
Also present for the yesterday was acting Chancellor of the Judiciary Justice Yonette Cummings-Edwards, acting Chief Justice Roxane George, Chief Magistrate Ann McLennan, UNICEF representatives and other officials.
Justice Cummings-Edwards, who also delivered remarks at the opening in New Amsterdam, spoke of the need for such hearing rooms at the courts. She also pointed out that domestic violence transcends all barriers, while also pointing out that it is one of the most unreported crimes worldwide. “We find that when they [victims] come forward, the experience that they relay is that engaging with the police or with the court is an experience that sometimes [feels] as if they are going through the original offence all over again,” she highlighted.
As a result, the rooms have been added to allow victims the opportunity to feel comfortable to come to court and speak out.
She said, “We in the judiciary are conscious. We are aware and that is why we are here today. We are aware of the experiences of the witnesses, the virtual complainants when they have to come to court,” she noted.
She said the rooms provide the opportunity for victims or witnesses to provide their testimony away from the alleged perpetrator, while also allowing for them to be crossed-examined “so we are seeking to establish equal justice for all the parties.” The rooms also cater for children.
Justice Cummings-Edwards also mentioned that in conjunction with UNICEF the judiciary partnered with the University of Guyana for a training programme to build the capacity of its staff and to give them better awareness and understating of the issues that confront the survivors when they bring their cases before the court.
