Court system failing abused children
-says Help and Shelter
By Kim Lucas
Stabroek News
December 29, 2002

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More cases of incest among city children are being reported to Help and Shelter, but one welfare official says not many of these cases reach the courts.

Help and Shelter, an organisation set up in 1994 to help eliminate domestic violence in society, says reports of child abuse are up for this year compared to the 52 cases in 2001.

According to the organisation's coordinator, Margaret Kertzious, records show a general increase in domestic violence and in particular child abuse with most of these cases being in Georgetown.

But more worrying is the fact that the majority of these cases do not reach the attention of the courts, because, Kertzious claimed, the judicial system only exacerbates the problem.

"It depends on if the parent or the guardian wants to pursue this. But remember, our judicial system... [does not] deal with it the way they should. We don't have facilities to prepare a child for a court scene [but] we try to do it here... But when [children] go to court, and when the magistrate and the lawyer and the prosecutor start bombasting, it is another form of violence they are going through... it is psychological [and] the whole scene comes back to them. So they [the judicial system] are not doing any good to the child," the social worker told Stabroek News in a recent interview.

She cited one case where a child was raped by her uncle when she was about five years old. It was not until the girl was about 13 or 14 years, earlier this year, that the case concluded with her uncle walking out of court a free man.

It is instances like these, said Kertzious, which are frustrating the victims and the efforts of the organisation. As one small step of strengthening their stance against the abusers, the woman said an agency should be established to help prepare children for the courts. The Shelter currently has two lawyers working on its side.

"We had a difficulty with the judicial system; we met the Chief Magistrate and we are supposed to submit reports of cases that we don't like or of what has been happening in the courts."

However, the organisation said it has been providing 'in court' support to victims of domestic and sexual violence and it has been granted a formal standing.

It said this activity has a potential impact on the entire context of how domestic violence is perceived and dealt with by the legal system.

"With assistance from CIDA Gender Equity Fund, we have participated in training sessions with the police, and we have met with magistrates. A colloquium on Domestic Violence for Magistrates was held on October 23-24, 1999. We provide assistance with completion of application forms under the DVA. We have facilitated training with the police. We continue to make inputs into the promotion of related public policies and processes," the organisation said through its website.

Who are abused

The body said in a client base of over 2,000 persons, 85% are female, 13% are under 18 and 73% are victims of spousal abuse.

Approximately 82% of the persons who visit the organisation's Homestretch Avenue office, are in the 18 to 50 age group.

According to reports stated by Help and Shelter, women over 50 find it difficult to challenge the abuser by seeking help. Additionally, the majority of children are female and the victims of sexual abuse.

Further, the body said people of diverse ethnic backgrounds visit, but records show that 60% of the clients come from Georgetown. This, it said, could be the reason the majority of clients are of African origin.

Legislation has little effect

But Help and Shelter has one good thing going for it - The Domestic Violence Act. According to the coordinator, it is remarkable that Guyana is among the few countries in the region with legislation to deal with domestic violence. The only problem is that there are many in the society who are unaware of its existence, or its workings.

"Some of the police and even some magistrates are not aware of the act... also some lawyers," Ms Kertzious revealed. The Act has been in place since 1996.

In an effort to bring greater awareness, the body, through the help of several international agencies, has been conducting a series of public awareness programmes.

Public education in support of the eradication of domestic and sexual violence, the organisation said in its website, is an on-going activity of Help and Shelter.

The organisation said it has facilitated public education sessions with a number of agencies including schools, private sector, service and religious organisations.

The body is also pursuing an on-going media campaign to educate the public on the issue of domestic and sexual violence. Work also continues on advocation against child abuse.

"We try to educate the police, even the magistrates. We've had training programmes in relation to the Domestic Violence Act in collaboration with CAFRA and this is not only happening in Guyana, but we have had it regionally. There, some of our officers and resource persons, such as the social workers, have been to Trinidad and Tobago to continue that training. The aim was to train a few thousand of these officers and social workers so that they would go back into the community and educate other officers in relation to the Domestic Violence Act. But in Guyana, we find that this has not been happening."

The woman said in many instances when, for example, policemen are trained in how to deal with abusive situations in a particular area, they might be transferred to another district after the sessions.

Such resource help is necessary, since the organisation has only one office, in Georgetown, and at the moment, there are no immediate plans to expand.

"What we do, depending on the funding that we received from donor agencies, is to enhance our public education to the various regions. We have in place now an education training officer, who is supposed to go out to all the various regions to talk not only about our services that we render, but also on domestic violence and the Act itself."

But she pointed out that Guyana is not alone in confronting such issues. The difference is that in Suriname, for example, which experiences the same problems, there are systems in place to handle certain aspects of domestic violence.

"Suriname has an advantage even though they don't have the act. They have a room in [at least] three police stations, especially to deal with domestic violence. When the victims go to the police, they don't have to be outside. They have a particular room with a social worker and the police. We need that here, because when the victim goes to the police station, she or he is also abused."

According to Kertzious, it is difficult for some victims to stand in the presence of others and report their cases. There have been instances, too, of women being sexually abused by policemen when they have gone to report abuse.

In other cases, because there is no privacy, men are reluctant to report cases of abuse against them. In such instances, the social worker pointed out, the man would be laughed at if he were to report that a woman had abused him.

"These are issues that are being just swept under the carpet [but] right now, we have a very small percentage (an average of 10 or 15 a year) of men who come in... They talk about women verbally abusing them. I am not too sure if there were any who were physically abused. And this could be because they have realised that Help and Shelter not only caters for women who are abused, but also for men. Some of them call in on the hotlines as well."

Reaching victims in outlying areas

The only recourse for victims in the rural areas, Kertzious told this newspaper, is for them to use the 24-hour hotline service.

"When they call in, there is supposed to be a welfare officer attached to all the regions and this is through the Human Services and Social Security Ministry. They [the ministry] should have in place a welfare officer attend to these issues... This is the only thing that we could tell persons who call into us on various issues on domestic violence. We don't have immediate solutions to the problem, so all we could do is to refer."

She said there are no immediate plans to do so, but people have been asking the organisation to expand its offices in the rural areas, especially in the Berbice and the Essequibo regions.

"The rural areas, more or less, especially the Amerindian areas, really want that, but what we try to do is, when our public education resource persons go into these areas, we try to make a connection with a particular person, like a contact person who can have all the information available to them concerning our services."

As such Kertzious said the organisation tries to visit the various areas at least twice per year so as to have a follow up to see how effective their education programme is - whether there is a decline or increase in violence.

Men need to cry more

Even as the organisation recognises that there is a serious problem in relation to the increase in violence, efforts are being made to 'reach' the perpetrator.

Already, they have had a workshop on how to deal with and counsel the perpetrator. That was funded by UNIFEM, with a resource person from London.

"But now we want to put that facility in place [through] collaboration with the Ministry of Human Services and Social Security... Because remember, they are human and they were probably abused also as a child. So there is a lot of bitterness or they don't see it as something wrong they are doing. In other cases, they might have come up in an environment [where there was abuse] and if they saw that as children, then they would think now that was the best solution - to beat your wife. So after being abused, a child lives what he/she learns."

To date, 11 persons have been trained and Kertzious said Help and Shelter should be having a follow-up programme to train the trainers.

She noted that many parents abuse their children to the extent that they train their sons not to show their emotions. As such, she said, there are now many very tense people in society.

"If you look at some people, you see the tension in them. They are so pent up. We are walking time bombs and that is because we don't talk enough and the men don't cry enough and they need to. If we don't get them to, they will abuse one partner and then they go on to another partner. It doesn't solve the problem."

Paying for it all

Over the years, Help and Shelter has received funding from a number of agencies, as well as the government. For example, the shelter where battered women and their children are housed is constructed on land donated by the government. That was completed in April 2000.

There, women who are victims of domestic violence are allowed to stay, with their children, for up to six months, during which they receive training in life skills and income generating skills. They also cultivate fruits and vegetables, rear fish and poultry so as to contribute to the sustainability of the facility.

But according to Kertzious, the donations are generated depending on how attractive they make their proposals.

"We have to submit proposals on what we intend to do for the year. So depending on the proposal, how attractive it is to the donor, that is how we get our funds."

Some of the main donors are the CIDA Gender Equality Fund, Building Community Capacity Programme (BCCP), which is another Canadian agency, United Nations Fund for Women (UNIFEM) and UNICEF.

"Locally, we also collect donations or funding from major business entities. We have had half a million dollars from DDL and also other commercial agencies. Those fundings are just for [the Georgetown office] or [a specific purpose] or the project for the crisis centre."

At the moment, the most serious challenge facing the body is finding the material resources, not only to sustain what has already been created, but to expand to new areas in Guyana.

"This is what people are demanding of us and it is moreover, what the spread of domestic violence in Guyana requires of us." Nonetheless, the organisation is confident that it has, and can continue to develop, the human resources to do the work it has set for itself.

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