Openletter[1]on the necessity ofpassing
the Legislation on Domestic Violence Prevention in Belarus
based ongender equality principles and international standards
The Ministry of Internal Affairs of the Republic of Belarus
The Ministry of Labor and Social Protection of the Republic of Belarus
The Ministry of Foreign Affairs of the Republic of Belarus
General Prosecutor’s Office of the Republic of Belarus
The Supreme Court of the Republic of Belarus
UnitedNationsPopulation Fund in Belarus/UNFPA
United Nations Development Program in Belarus/UNDP
Delegation of the European Union in Belarus
TheNationalGenderPlatform
TheRepublicanPublicAssociation “Pravovaya Iniciativa” (Legal Initiative)
We, representativesofwomen’snon-profitorganizationswithextensive practical experience indomestic violence prevention and rendering assistance towomen-survivors and their children in Belarus,
Public Association
«Belarusian Young Women’s Christian Association»,
International Public Association «Gender Perspectives»,
Public Association
«Mogilev Women’s Centre for Support and Self-Education» (Mogilev),
BorisovWomen’sSocialPublicAssociation “Province” (Borisov),
Public Association “Radislava” (Minsk),
welcome thecontribution of governmental bodies, international agencies and non-profit organizations into development of the national system of addressing domestic violence, and in draftingthe Law onDomestic Violence Prevention, in particular. Webelievethatthis specific legislationwillbeadoptedin the near future, and the Republic of Belarus will join more than 120 countries in the world thatregarddomestic violence a crime.
Having said that, weexpress our concernthat during the process of drafting such a lawthereappears to beariskofignoring theguidingprinciplesfortheeffectivelegislationinsphereofdomesticviolence prevention.
As with anysocialphenomenon domesticviolencecanbeviewed through different lenses– asacriminologicalproblem, anissue of non-violent communication, as a public safety concern, a human rights issue, a problem of psychological culture. However,the experienceofmostUN member countriesinimplementationoftheeffectivepolicyin thesphereofdomestic violence prevention is guided above all by the gender equality principles, which do not allow to overlook the evidence-based facts that women all over the world are disproportionally affected by (male) violence in the family. The resultsofinternationalstudiesondomesticviolenceprevalence suggest strongcorrelationbetweengenderinequality, a woman’s status in society and the level of domestic violence.
In this regardweexpressourfundamental objection tothe proposals oftheCommission onwomen’srightsoftheRPA “LegalInitiative” proclaimed attheinternationalseminar “Exchangeofleading experienceandbestpracticesinthe sphereofcombatingtraffickinginhumanbeings: domesticviolenceastherootcause”,September 22-23, 2015tointroduceintothedraft LawonDomesticViolence Prevention the approach based on victim mentality (victimisation).
Introducingvictim mentalityapproach for treating domestic violence survivorsintothedraft Lawposes thefollowingthreats:
1. Introducing the liability for victim-like“provocative” behavioron behalf of domesticviolencevictim/survivorwilllead to diminishingaperpetrator’s responsibilityforhiscriminal actionsanddenial of his guilt. Victim-like behavior is not the cause of domestic violence but is its consequence, a result of long-term, deliberate and continuous violent acts inflicted by a perpetrator, whichresult ina victim/survivor losing her human dignity, developing the feelings of fear, guilt and shame, and a lack of internal resources to seeksupport.
2. Preventionofvictim-like “provocative”behaviorintheformofcorrectionalprogrammesimposed asmandatory fordomestic violence survivors/victims,willnegativelyaffectthe current modest, butpositivedynamicsofidentifying such cases of domestic violence, survivors willstop seekinghelp, thenumberofoffences and domestic violence crimes will increase.
3. Taking into account the current lack ofservicesfordomesticviolencesurvivorsandcorrectionalprogrammesforperpetrators, itiscounterproductiveand meaninglesstoallocate state budget and other financial resources for preventionofvictim-likebehaviorbyeducating professional groups, establishing correctional centersforvictimsandsubsequentlymonitoring the impact of such activities.
4. Exercisingthisapproachwillundermine the progressachievedasaresultoflong-termandmultilateral process of development of the national system fordomestic violenceprevention. Theinternationalanalysissuggests thatnoneofthecountrieswith the legislation against domestic violence employs legal responsibility for “provoking” violence.
5. Introducingprovisions on victim-like“provocative” survivor’sbehaviorintothedraft Law on Domestic Violence Preventionwillinstitutionalize threatsmentionedabove. Moreover, it willcontradict totheinternationalobligationsofBelarusrelated to theimplementationoftheUNConventiononthe EliminationofAll Forms of Discrimination against Women (CEDAW) and achievement of the Sustainable Development Goals, as well as will make it impossible to join the Council of Europe Convention on preventing and combating violence against women and domestic violence.
Weexpressourconfidencethatthedraft LawonDomesticViolencePreventionwillcontainprogressivestandardsextending protection to domestic violence survivors and enabling the principle of punitive actions againstperpetrators.
GeneralSecretaryPA “Belarusian Young Women’s Christian Association” / Olga Yanchuk
ChairpersonoftheBoardIPA “Gender Perspectives” / Irina Alkhovka
Chairperson of the Board
PA “MogilevWomen
CentreforSupportand
Self-Education” / Valentina Gvozdeva
Chairperson of the Board BWSPA “Province” / Elena Avtushko
ChairpersonoftheBoard
PA “Radislava” / Olga Gorbunova
November 5, 2015
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[1]Translation from Russian