WUNRN
NICARAGUA - WOMEN DO NOT WANT VAW
LAW CHANGED TO PRESSURE FOR MEDIATION
Nicaraguan women protest against
the recent reform of Law 779. Photograph: EPA
Women's groups protest over
introduction of mediation for crimes such as violent assault and sexual
harassment
9-27-2013-Thousands of women in Nicaragua have taken to the
streets to protest against legal changes that could push female victims of
crime to sit face-to-face with their abusers.
Law 779, which came into effect in June 2012 and criminalises
violence against women, has been under siege from conservative, religious and
men's groups, who say the legislation is discriminatory towards men and is
causing the breakup of families. Opponents of the law object to a section of the legislation that
prohibits mediation between victims and abusers.
These groups
presented a case to the Nicaraguan supreme court claiming that Law 779 was
unconstitutional. The supreme court decided that it should be considered for
reform and presented a proposal to the Nicaraguan parliament for a final
decision. The two parliamentary commissions responsible for reviewing the
reforms announced on 20 September that the reforms were approved, without any
consultation with rights organisations.
The
parliamentary decision is regarded as a huge blow to Nicaraguan women's groups
that have spent decades lobbying for Law 779. The legislation was the first in
Nicaragua's history to make violence against women illegal and was seen as a
step towards gender equality. The law makes femicide illegal and protects
women's physical, emotional and economic wellbeing.
Official
approval of the reforms came through after a wider parliamentary vote where
there were only four votes against. The changes mean the law allows mediation
for crimes with penalties of less than five years. This includes cases of
domestic violence where the physical injuries are considered "light",
as well as psychological violence, sexual harassment and assault either at home
or in the workplace. The only crimes that would surpass the five-year penalty
were the infliction of "grave physical injuries" and femicide.
The head of
the supreme court has insisted the mediation must be voluntary, can be
requested or denied by either party and that women will be under no obligation
to participate in mediation processes. However, these changes are widely
regarded as a severe setback for women in Nicaragua, placing thousands of
abused women in a position where they may face fresh victimisation and
continued abuse.
Nicaragua's
patriarchal society has forced women to be economically reliant on their
husbands or boyfriends, and leave them charged with the responsibility of
keeping the family unit together. This pressure often leads to women agreeing
to mediation, even when their life could be at risk.
Last year of
85 femicides registered in Nicaragua, 13 of the victims had agreed to
mediation. Women's organisations insist mediation does not protect women's
lives and that Law 779 must remain intact as initially passed.
Despite the
introduction of the legislation, violence against women in Nicaragua is rising
at an alarming pace. Between January and August, there have been 60 femicides,
a 19% increase on the same period in 2012. Women's organisations attribute this
to the fact that Law 779 is not being implemented correctly. However, there is
no clear indication whether an increase in reporting of violence is
attributable to the law, which has made the issues more visible, with the expectation
that women will now have more protection.
Instead of
seeking to undermine the law, many believe the Nicaraguan government should
strengthen the existing processes in place to support the law and further
protect women from violence.
The Gender
Network is working with Nicaraguan police officers and judges so they can
properly support women who have been affected by violence, but these needs are
barely met.
Women's
organisations are stepping up their objections to the reforms leading to the
recent protests outside the parliament buildings. They have the option of
lobbying international bodies, but there is little guarantee that this would
influence the Nicaraguan government.
While the
Gender Network and other women's groups continue to educate Nicaraguan women
about Law 779, and emphasise that mediation is not compulsory, many women still
feel obliged to go through the process. This could lead to fewer violent crimes
being reported.