National conference on violence against women
January 6th-7th, Makwanpur, Hetauda, Nepal
Introduction:
Violence against women (VAW) has become pervasive within Nepal. Reporting of incidences of violence has, indeed, increased within recent years. However, it has been observed that the real rate of cases of VAW is also increasing. These rates are rising despite stakeholders’ involvement in the prevention of VAW, and support for survivors of violence. In 2011, cases registered with WOREC[1] numbered 1581. Disconcertingly, WOREC recorded high numbers of VAW while commemorating 16 Days of Activism (2012). Within 16 days, 11 women were murdered and two women were burnt alive[2]
Incidences of VAW would remain in the private sphere if not for the cohesive efforts of local women’s rights activists. The grassroots model of ending VAW through the mobilization and organization of local groups, knowledge transfer, and skills building has encouraged local women’s rights activists to struggle for justice for violence survivors.
The government of Nepal has made considerable progress in prioritizing women’s rights[3]. The government has created a national framework for addressing VAW through laws, policies, and campaigns. This has led to systematic changes where the rights of survivors are being addressed. The government has also worked with diverse stakeholder groups, and invested in educating the civil service and people on women’s rights.
However, existing efforts must be expanded to address the causes of VAW, and the rights of survivors. Improved discourse and new initiatives that address VAW must also be pursued. There continues to be a need to undertake a holistic approach in addressing VAW, and focus on healing the bodies and minds of women who speak out against discrimination.
Context:
Women in Nepal live within a patriarchal social system which reinforces gender inequalities. This patriarchal structure perpetuates values of honor, protection, and the sacredness of family. However, the burden of these values is disproportionately placed on women. These values create difficulty for women to speak up against abuse within the family, and seek redress. Thus, a woman who faces injustice has a nuanced battle against both the perpetrator of the crime, and the structures that stigmatize women and enable the marginalization of their experiences. As a result, the survivor who advocates for her own rights, and resists the subordinate position that she has been given in her society, and her home, faces formidable challenges. By defending herself, she challenges not only the "right" of the abuser to violate her, but she is also contesting the deeply entrenched gender role that is institutionalized within the same system that was created to provide justice and support. This resistance severely limits the ability for an individual to seek justice and, as a consequence, many women are left without any other option but to return to abusive families.
Complicating the situation even further, is women’s inability to seek justice within the police institution. The national and regional police authorities undertake a variety of activities relevant to the prevention and elimination of VAW. In collaboration with a number of civil society actors and government institutions, the government of Nepal has initiated capacity building programs for staff within Nepal policing units. Recently the Nepal police unit has developed the ‘Gender Policy’ to address GBV at the policy level. They are currently in the process of introducing the ‘Gender Policy’ at all levels of the institution. The Nepal Police Headquarters has also developed the ‘Gender Responsive Investigation Skill Training Manual’ for senior and junior police personnel and it is now in the implementation stage.[4]
Exacerbating the situation is the inadequate response of the healthcare system to survivors. Although the ‘One-stop Crisis Management Center’ (OCMC)[5] has been piloted in certain districts to address the need there are number of areas of this initiative that need to be reviewed in order to meet the needs of survivors. In cases of sexual violence, medico-legal reports are considered the most powerful evidence in helping survivors get justice. However, at this stage, there are several inadequacies in the reporting process, requiring structural changes to meet the needs of the survivors.
In a national workshop on medico-legal examinations[6], it was unanimously agreed upon that there should be a holistic policy that directs health providers’ attention to the needs of survivors after a sexual assault. Current services geared toward survivors require structural changes so that it is easier for survivors to register complaints and access services.
Currently, there is a lack of appropriate shelter options for survivors of domestic violence. Many women have no other choice than to stay at home with the perpetrator. In response to this problem, the Government of Nepal has established safe houses[7] in 15 districts to provide necessary support and shelter for women in need. However, these services are far from being adequate. These safe houses are ideologically patriarchal and emphasize mediation and the return of survivors to an abusive environment. Reconciliation in the interest of the family is highly valued.
Lastly, the media in Nepal has contributed to increasing awareness of VAW. Media is becoming more sensitive to the issues surrounding gender-based violence. However, much like other institutions, the media is also heavily affected by the values and norms of Nepali society. News stories often sensationalize crimes with the objective of titillating the reader, or they may cover stories in ways that further violate the survivor by not respecting their rights to consent and confidentiality. Current reporting styles often distract from the crux of the issues at hand which is that the unjustifiable killing of women is a concern in Nepal.
The Conference:
VAW is a complex problem. Addressing GBV requires coordinated solutions involving the participation of both the state and civil society. Furthermore, the participation of all relevant stakeholders must be sought. Currently, activities are being conducted to address the issues at different institutional levels. Which needs to be discussed among each other and lessons shared to strengthen the actions for a more concentrated and cohesive effort.
The conference intends to provide a learning platform for activists, researchers, and practitioners to review the struggle for freedom from VAW. It intends to bring academia and activists closer to enrich the analysis and actions to strengthen the struggle against VAW in present globalized, militarized and increasing fundamentalized context.
This struggle is situated within the women’s movement, and the social and institutional contexts in which change is sought. The conference aims to outline lessons learned from countries around the globe, and to highlight the work of activists and survivor support mechanisms. The conference will also generate recommendations that are relevant to government agencies and community based organizations (CBOs). An emphasis will be placed on the promotion of policies, programs, and institutional reform that responds to the needs of survivors of violence by ensuring dignity and fundamental human rights.
Objectives:
To generate knowledge on the current situation and complexities of VAW;
THEME 1: Violence against women: Our collective struggle as women in Nepal
This session will look at the struggle against VAW in Nepal. This theme will also look at the engagement of the women's movement with violence. The session will attempt to provide the conceptual underpinnings to the discussion around violence. It aims to analyze VAW and its interface with culture, religion, poverty, and conflict. The politics around funding with regards to VAW, and its impact on national agendas and discourse, will also be reviewed in this session.
THEME 2: Legislative measures: Pushing for structural changes
The session will review the national legislative frameworks to combat domestic violence, sexual harassment, marital rape and rape. The session will focus on experiences with implementation and the surrounding challenges.
THEME 3: Support services for survivors: Ensuring dignity and justice
Sub-theme 1: Safe houses: Another patriarchal structure or a platform for change?
Safe houses and shelters often have patriarchal ideologies embedded within them. Approaches to counseling and mediation techniques used by service providers need closer scrutiny and debate. Counseling and mediation protocols are often non-existent or are inadequately enforced. This encourages a lack of accountability in service provision within these institutions. Discussion within this working group will review counseling and mediation protocols at safe houses across the country. Lessons from implementation, with a focus on ensuring ethical and effective services for survivors of violence, will be explored. Lastly, experiences with changing the structure and environment of shelters will be shared.
Sub-theme 2: Medico-legal protocols and police response to violence: Mechanisms for justice
In Nepal, the sexual history of rape victims is frequently under scrutiny at the time of medical examination. Forensic evidencing has made little progress in securing justice within the context of sexual abuse cases. Nepal currently lacks the facilities necessary for rigorous and consistently available forensic testing, needed for legal investigations of reported cases. This working group will discuss the progress of forensic testing in Nepal, and outline protocols for health professionals and their implementation strategies.
THEME 4: Challenges in working with survivors:
Activists and service providers face a number of ethical dilemmas when dealing with survivors of violence. This session will aim to provide a space for reflection for individuals and groups that work with survivors, and attempt to identify principles or mechanisms that increase accountability to survivors.
THEME 5: Challenging bystanders: Using our power positively
Sub-theme 1: Community responses to women survivors of violence including mediation mechanisms
This session will look at community initiatives where non-state (formal) dispute resolution mechanisms have been instrumental in supporting survivors and condemning acts of violence. It will look at strategies used to engage passive bystanders in the community that have the potential to be part of the solution.
Sub-theme 2: Men as change makers
This session intends to draw upon experiences of working with men across country and involving them to take affirmative action for ending VAW. Men being included as part of the solution to ending VAW are an idea that excites us all; however, it also invites its fair share of criticism. This session will attempt to reflect upon the potential of men to contribute to the elimination of VAW. It will also highlight lessons and challenges of working with men and boys on GBV.
Outcomes:
Academia intervention on the subject of VAW will assist to link theories and practice, and generate a new volume of knowledge for intervention;
Methodology:
There will be two days conference with Inaugural, plenary and closing sessions. The program will be inaugurated by Survivors/ change makers of violence representation five regions with their inaugural speech. This will be followed by speeches from the following representative:
1. Representative from OPMCM
2. Representative from Ministry of Women Children and Social Welfare
3. Representative from National Women Commission
4. Representative from National Human Right Commission
The Inaugural session will be chaired by Dr. Renu Rajbhandari, chair National alliance of women Human right Defenders. There will be working panels in five above mentioned themes. Each panel will be moderated by Activists engaged in the work and there will be panel to lead the session. Survivors /change makers will be the key presenters for each panel
Participants: There will be around 150 participants. WHRDs active in all 75 districts (One from each district) will be invited for the conference. Beside this the representative of all women right groups will be invited to be part of this conference. Leading personalities with experience on work of VAW and Media personnel's will be the guest of this conference. Representative from respective ministries, Police and commissions will be the guest of this conference. Beside this any interested person can register to the conference by paying Nrs. 1000/- as registration feel and 500/- for the students.
Closing session will be a declaration session where the conference will pass a declaration with recommended areas of actions for various stakeholders which will determine the future area of action of struggle against VAW.
[1] For the last 22 years, WOREC Nepal has been working for the protection and promotion of human rights, with a special focus on women’s rights. WOREC’s vision is to transform society to ensure women's rights and social justice. Within their work, WOREC has been collaborating with UNFPA to implement ‘Gender and Reproductive Health’ programs in 18 districts to prevent GBV. In particular, the programs aim to reduce domestic and sexual violence through improved policy, protection systems, legal enforcement and sexual and reproductive education for emergency situations.
[2] WOREC and Media monitoring, 2012.
[3]Interim Constitution of Nepal prohibits physical, mental or any other form of VAW and declares that such acts shall be punishable by law (Article 20(3); Domestic Violence (Crime & Punishment) Act 2066 has made provisions for interim relief to the victim of the domestic violence. The court can order interim protective measures for the entire duration of the case proceedings; Human Trafficking Act (2007): The Act helps to control human trafficking and affords needed support and care for victims; Gender Equality Act 2006- amended 56 discriminatory provisions of various previous Acts and also incorporated provisions to ensure women’s rights; the plan focuses on empowerment of women and prosecution, protection and prevention. It highlights the need for a special commission to investigate cases of violence against women.
[4] the gender responsive skill training manual was developed in collaboration with WOREC/UNFPA project
[5]The guidelines of the OCMC were endorsed by the government of Nepal under the Ministry of Health and Population in 2011 to establish the program in 15 districts of Nepal where safe houses are currently being operated. Recently, OCMC has been piloted in eight new districts including: Kathmandu, Baglung, Makwanpur, Sunsari, Kanchanpur, Panchthar, Navalparasi, Kavreplanchowk.
[6]The national workshop was organized in coordination with the Nepal Medical Association, UNFPA, and WOREC on medico-legal examination and challenges. This was organized in response to the needs of survivors, particularly survivors of sexual abuse. Medico-legal reports are considered the most powerful source of evidence in the process of survivors' justice. The workshop facilitated the enhancement of knowledge for health service providers and helped review the availability of resources, technologies, and materials needed to ensure the accuracy and reliability of the tests. The workshop recommended immediate action to strengthen and revise the existing practices around medico-legal examination.
[7] Safe houses have been established by GON under the Ministry of Women, Children and Social Welfare in 15 districts of Nepal including: Baglung, Makwanpur, Sunsari, Kanchanpur, Panchthar, Navalparasi, Kavreplanchowk.