WUNRN
EAST TIMOR - DOMESTIC VIOLENCE LAWS
FAILING TO PROTECT WOMEN
By Stephanie Boulet -
Legal experts and NGOs in
The government is nearing the end of a three-year campaign to reduce
rates of violence in the country, but NGOs say perpetrators often go
unpunished.
Patricia de Araujo Fatima, an officer with not-for-profit legal aid
organisation Asisténsia Legál ba Feto no Labarik (ALFeLA), says she sees many
cases of domestic violence in her job.
"In the Oecusse district there is a woman whose husband cut off
both her hands with a machete," Ms Fatima said.
She says the man then slashed his wife across the face, knocking out
multiple teeth and causing permanent damage to her eye.
"This is a very sad case," Ms Fatima said.
In another case, a man stabbed his wife in the back of the head and
struck her repeatedly with a block of wood, after an argument about feeding
their children.
Some women do not know that domestic
violence is a crime.
Patricia
de Araujo
The man received a suspended sentenced of seven months in jail.
Many women are hospitalised as a result of domestic violence.
Every year, about 100 of the worst cases are offered free medical care
and a safe place to stay by an NGO called PRADET.
PRADET says it sees more women go through its doors every year.
In 2010, a comprehensive government
survey found 38 per cent of women were victims of physical
violence.
That same year, the government passed the Law Against Domestic Violence
and launched an education campaigned to raise awareness.
The national action plan also involves protection of victims through
safe houses, as well as legal assistance to victims.
But Ms Fatima says violence against women remains alarmingly common and
is under-reported.
"The situation hasn't improved," she said.
Domestic violence victims face personal
barriers
Ms Fatima says women who experience domestic violence in
"Women are economically dependent on their husbands and that is why
they are scared to report their case," she said.
"They are scared their husband will divorce them and they will be
unable to care for their children."
Furthermore, she says many communities still view domestic violence as a
private issue that should not be dealt with in public.
"Some women do not know that domestic violence is a crime,"
said Ms Fatima.
"Then, when police get reports of domestic violence they keep quiet
about it."
Lisa, a victim of domestic violence whose name has been changed for this
report, says police did nothing when she went to them for help.
"I had a problem with my husband at home, he hit me and my face
swelled up," she said.
"I reported it to police but they sent me back home."
The Australian Federal Police (AFP), which provides training and support
for East Timorese police, says remoteness is another major problem.
"It might take hours or days to get to the police station,"
said Melita Zielonko from the AFP's Timor-Leste Police Development Program,
Gender Equality and Vulnerable Persons Unit.
"One way of dealing with crime is through the village or family,
through negotiation."
Court backlogged with domestic violence
cases
Monitoring by the JSMP shows that East Timorese courts are clogged with
cases of domestic violence.
The JSMP said the system is slow and unreliable and it causes women to
lose faith in the legal process.
One woman, known only as
"My husband was angry and he hit me, then I reported it to police
and they sent my report to the court," she said.
After waiting several hours outside the court room, the judge failed to
turn up and she returned home.
"I want my husband to promise to resolve problems peacefully, so we
don't have to come back to court again," she said.
JSMP says there are only a few prosecutors, which means that the
handling of cases is very slow.
Casa Vida is an NGO that provides permanent accommodation for 60 girls
who are victims of sexual assault.
Program manager Grace Pitanuki says the justice system is weak and slow.
"In five years, since 2008 until now, from 178 cases only five of
them have been resolved in the court," she said.
"Most of the girls don't want to talk about it anymore, because it
is taking some time. They give up."
Punishments not deterring domestic
violence
Nearly all the domestic violence cases monitored by JSMP result in a
suspended sentence, which has not been proven to act as a deterrent.
"The victims are not happy with the punishment the court
gives," said Ms Fatima.
"They feel that the crime is not equal to the sentence they are
given.
"I accompanied one victim who said, 'My husband hit me many times,
he shoved me under the bed, then he pushed me through the window. I wet myself.
Why is it only one year jail, suspended for two years?'"
In another case, a man who hospitalised his wife for not preparing his
lunch was fined $40 by the court.
A man who kicked and slapped his wife because his clothes had not been
washed was given a six-month jail sentence, suspended for one year.
AFP says change will take time
The AFP says when it comes to gender equality,
The
"The government has been very good and positive on socialising the
community about domestic violence," said Ms Zielonko.
"These things take time and I'm sure things will improve."
"It's only a very young police force, established in 2002 and they
need to be brought up to speed to dealing with gender-based violence
crimes," said Ms Zielonko.
But Armando da Costa of the Secretary of State for the Promotion of
Equality admits rates are still high.
"It needs time to change people's attitude and mentality. It's not
an easy thing," he said.
"Step by step, little by little, changes are happening in the
community."