One woman was killed. One more! One of them was killed on her place of work. ‘Alor ki li pe al rod lavi, li perdi lavi’. And the crime was committed by none other than her ex companion.
Yet the same morning, she had filed a complaint with the police for assault against the man. We imagine her feeling confident whilst leaving the police station, thinking that she would be able to quietly indulge in her end-of-year preparations. Yet a few minutes later, she was no longer of this world.
Despite the legal framework to protect and support victims of domestic violence, it is far from being realised. The main question is: Why is the protection of victims of domestic violence in Mauritius still a challenge?
What is the extent of the phenomenon and is it effectively being dealt with by the authorities? How far the state has afforded protection to survivors of victims of domestic violence with regard to the enforcement of the law?
It is crucial to establish the shortcomings of legislation and measures and determine why despite the provisions of the legislation, the law continues to be violated.
Does our legislation fall short of the international standards, thereby exposing victims instead of protecting them?
Mauritius is signatory of international obligations that provide for the criminalisation of domestic violence and the protection of survivors namely the CEDAW. At the regional level, we are party to the African Charter on Human and People’s Rights on women (The Maputo Protocol).
At the domestic level, the Protection from Domestic Violence has been enacted with amendments on several occasions.
What concrete measures have Governments put in place to ensure the protection of victims?
We must identify loopholes in the legal framework and the law enforcement agencies as well as obstacles in the protection mechanisms with regard to protection of victims of domestic violence.
What is the efficacy of the legal framework; the protection mechanisms put in place so far?
How many prosecutions have there been since the enactment of the legislation and what is the outcome? How many perpetrators have been put behind bars? How many of them have successfully been put to therapy and rehabilitated?
Are these figures available? Statistics may be used to put pressure on the state to deliver overhaul of domestic abuse treatment by the criminal justice system. We must see to it that the number of domestic violence cases reach the courts.
Is the police force sufficiently trained to address the issue? Are there sufficient means and effective use of resources in terms of human, vehicle amongst others?
In 2014, the Domingue Report recommends further criminalizing all forms of domestic violence and suggests a series of measures to enhance the justice system response to domestic violence and concurrently to afford better protection to victims.
Domestic violence is an abhorrent crime perpetrated on victims by the one who is supposed to love and care for them.
However, it would seem that it is difficult for some to depart from the old and outdated concept that, women are considered to be an object, the possession of her husband/companion or ex. This is the result of the internalization of gender stereotypes which purports that women’s space is restricted to the family and private real of life whilst men would dominate the public sphere.
This myth must be dispelled. Is there a political will? Isn’t there a certain casualness on the part of those who govern us?
NGOs are mobilising their efforts to sensitise over the issue and are trying their level best with their limited means and resources to help survivors. But this is not enough.
UK’s Domestic Abuse Act places a duty on local authorities to provide accommodation based support to victims of domestic abuse and their children in places of safety. Thus, the support programmes are community-based and every one feels concerned. Mauritius, being a small island, this measure can be very easily and rapidly adopted.
There is a need to coordinate and share experiences for best practice.
This role of coordination could be attributed to a Domestic Abuse Commissioner (DAC). In the UK, statutory powers are given to the DAC and legal duties are placed on the public sector bodies to cooperate with the Commissionner and respond to any recommendation made to them by the latter.
Thus, the DAC will be able to drive forward change, and hold local agencies and the government to account for their role in responding to domestic violence.
Unless a sustained and co-ordinated programme is put in place, together with a change in the manner in which the entire society, specially the government and its officials, the police treat and deal with victims, there will not be an effective service delivery in terms of protection to victims of domestic violence.