ANNUAL REPORT FOR 2005
andRESOURCE MATERIALSERIES No. 69

UNAFEI
Fuchu, Tokyo, Japan

July 2006

Masahiro Tauchi
Director
United Nations
Asia and Far East Institutefor the Prevention of Crime andthe Treatment of Offenders(UNAFEI)
1-26 Harumi-cho, Fuchu, Tokyo 183-0057, Japan
http://www.unafei.or.jp
unafei@moj.go.jp

CONTENTS
INTRODUCTORY NOTE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

v

PART ONEANNUAL REPORT FOR 2005
Main Activities of UNAFEI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
UNAFEI Work Programme for 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Appendix . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

RESOURCE MATERIAL SERIES No. 69
PART TWOWORK PRODUCT OF THE 130th
INTERNATIONAL TRAINING COURSE“Integrated Strategies to Confront Domestic Violence and Child Abuse”
Visiting Experts’ Papers•

The Implementation of Programmes for Offenders of Intimate Partner
Violence in British Columbia
by Ms. Jane Katz and Dr. Harry Stefanakis (Canada) . . . . . . . . . . . . . . . . . . . . . . . . . 39•

Violence and Public Health: An Integrated, Evidence-based Approach toPreventing Domestic Violence and Child Abuse
by Dr. Alexander Butchart (WHO) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64•

Crimes against Women Cells - The Delhi Police Experienceby Ms. Kanwaljit Deol (India) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77•

Training for Change
by Ms. Kanwaljit Deol (India) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85•

A Comprehensive Approach to Prevention of Child Maltreatment in the Philippines:
Building Partnerships Among Agencies, Organizations and the Community
by Ms. Celia C. Yangco (Philippines) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97

Participants’ Papers•

Country Report - Indonesia
by Ms. Irene Putrie . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112•

Country Report - Malaysia
by Ms. Nor Azilah Hj. Jonit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118•

Country Report - Pakistan
by Mr. Akbar Nasir Khan•

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131

Country Report - Zimbabwe
by Ms. Foelane Chipo Muronda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
iii

Reports of the Course•

Effective Criminal Justice Responses to Child Abuse and Domestic Violenceby Group 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159•

Protective Measures for Victims of Child Abuse and Domestic Violenceby Group 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166•

Treatment Programmes for Perpetrators
by Group 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177

PART THREE

SEVENTH SPECIAL TRAINING COURSE ON
CORRUPTION CONTROL IN CRIMINAL JUSTICE
Visiting Experts•

Investigating Corruption
by Mr. Tony KWOK Man-wai . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191•

Formulating an Effective Anti-Corruption Strategy – The Experience of Hong Kong ICAC
by Mr. Tony KWOK Man-wai . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196•

Introduction to The New South Wales Independent Commission Against Corruption
by Mr. John Pritchard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202•

Case Studies of Actual Corruption Investigations
by Mr. John Pritchard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227

Report of the General Discussion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231
APPENDIX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237

iv

INTRODUCTORY NOTE
It is with pride that the United Nations Asia and Far East Institute for the Prevention of
Crime and the Treatment of Offenders (UNAFEI) offers to the international community
Resource Material Series No. 69.
This volume contains the Annual Report for 2005, the work produced in the 130th
International Training Course that was conducted from 16 May to 23 June 2005 and theSeventh Course on Corruption Control in Criminal Justice that was conducted from 18 October
to 12 November 2004. The main theme of the 130th Course was “Integrated Strategies to
Confront Domestic Violence and Child Abuse”.
Domestic violence and child abuse are problems that plague every nation. They areparticularly harmful because they often affect the most vulnerable members of society, i.e.
women and children, and most often occur in the home – the place where we are supposed tofeel most safe. Up until quite recently such violence and abuse was considered a family matterin all but the most extreme cases. Coupled with the fact that these crimes occur invariably inthe home, and thus are rarely witnessed by others, law enforcement agencies rarelyintervened and the victims were thus left to suffer in silence.
However, there is a growing realization in most societies that domestic violence and childabuse need to be taken more seriously and treated as the crimes they are. Many countries
have now established specific laws, legal procedures and agencies to deal appropriately withthe problem. The United Nations has taken the lead in this matter in order to make theinternational community aware of its responsibilities with the 1978 Convention on the
Elimination of All Forms of Discrimination against Women (CEDAW), the 1989 Convention on
the Rights of the Child, the CEDAW General Recommendations and many General Assembly
resolutions calling for action against domestic violence and child abuse.
Nevertheless, there are still many countries that are behind in taking the necessary
measures to protect their most vulnerable citizens. This topic was chosen for this Course inorder to highlight the need for governments to take the necessary measures to combat
domestic violence and child abuse.
Corruption undermines democratic institutions, retards economic development andcontributes to government instability. It is a problem for both rich and poor nations in both the
public and private sector. It is a perennial evil that constantly needs to be challenged. For thesereasons UNAFEI holds a multiple country course specifically on Corruption Control every
year.
The adoption in 2003 by the United Nations General Assembly of the Convention against
Corruption was a milestone, creating for the first time a treaty specifically intended to address
corruption across the whole of the globe. Its entry into force in December of 2005 will require
States Parties to implement a number of measures to tackle corruption in a comprehensive
way, including measures directed at prevention, criminalization, international cooperation, andasset recovery. It is hoped that all countries, including our participants’ countries, willpromptly ratify this Convention and in so doing take a step closer to a world free of corruption.
In this issue, in regard to the 130th Course, papers contributed by visiting experts, selectedindividual presentation papers from among the participants, and the Reports of the Course are
published. I regret that not all the papers submitted by the Course participants could bev

published. In regard to the Seventh Corruption Course the papers contributed by the visiting
experts and the Report of the General Discussion are published.
I would like to pay tribute to the contributions of the Government of Japan, particularly the
Ministry of Justice, the Japan International Cooperation Agency, and the Asia Crime
Prevention Foundation for providing indispensable and unwavering support to UNAFEI’sinternational training programmes.
Finally I would like to express my heartfelt gratitude to all who so unselfishly assisted in the
publication of this series; in particular, the editor of Resource Material Series No. 69, Mr.
Simon Cornell, who so tirelessly dedicated himself to this Series.
July 2006

Masahiro Tauchi
Director of UNAFEI

vi

PART ONEANNUAL REPORTFOR 2005• Main Activities of UNAFEI• UNAFEI Work Programme for 2006
• Appendix

UNAFEI

MAIN ACTIVITIES OF UNAFEI(1 January 2005 - 31 December 2005)
I. ROLE AND MANDATE
The Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders (UNAFEI)
was established in Tokyo, Japan in 1961 pursuant to an agreement between the United Nations and theGovernment of Japan. Its goal is to contribute to sound social development in Asia and the Pacific region bypromoting regional cooperation in the field of crime prevention and criminal justice, through training andresearch.
UNAFEI has paid utmost attention to the priority themes identified by the Commission on Crime
Prevention and Criminal Justice. Moreover, UNAFEI has been taking up urgent, contemporary problems in
the administration of criminal justice in the region, especially problems generated by rapid socio-economicchange (e.g., transnational organized crime, corruption, economic and computer crime and the re-integrationof prisoners into society) as the main themes and topics for its training courses, seminars and research
projects.

II. TRAINING
Training is the principal area and priority of the Institute’s work programmes. In the international
training courses and seminars, participants from different areas of criminal justice discuss and studypressing problems of criminal justice administration from various perspectives. They deepen theirunderstanding, with the help of lectures and advice by the UNAFEI faculty, visiting experts and ad hoc
lecturers. This so-called “problem-solving through an integrated approach” is one of the chief characteristics
of UNAFEI programmes.
Each year, UNAFEI conducts two international training courses (six weeks duration) and one
international seminar (five weeks duration). One hundred and twenty government officials from various
overseas countries receive fellowships from the Japan International Cooperation Agency (JICA; an
independent administrative institution for ODA programmes) each year to participate in all UNAFEI training
programmes.
Training courses and seminars are attended by both overseas and Japanese participants. Overseas
participants come not only from the Asia-Pacific region but also from Africa, Latin America and Europe.
These participants are experienced practitioners and administrators holding relatively senior positions incriminal justice fields.
During its 44 years of existence, UNAFEI has conducted a total of 131 international training courses andseminars, in which approximately 3192 criminal justice personnel have participated, representing 108
different countries. UNAFEI has also conducted a number of other specialized courses, both country andsubject focused, in which hundreds of other participants from many countries have been involved in. In theirrespective countries, UNAFEI alumni have been playing leading roles and holding important posts in thefields of crime prevention and the treatment of offenders, and in related organizations.

A. The 129th International Seminar
1. Introduction
From 11 January to 9 February 2005, 25 participants from 15 countries attended the 129th International
Seminar to examine the main theme of “Crime Prevention in the 21st Century – Effective Prevention of
Crime associated with Urbanization based upon Community Involvement and Prevention of Youth Crime andJuvenile Delinquency”.
2. Methodology
The objectives of the Course were primarily realized through the Individual Presentations and Group3

ANNUAL REPORT FOR 2005

Workshop sessions. Firstly, the Seminar participants each presented the actual situation, problems andfuture prospects of their country with respect to the main theme of the Course. The participants were thendivided into three group workshops as follows:
Group 1: Effective Measures for the Prevention of Crime Associated With Urbanization
Group 2: Effective Measures for Youth at Risk
Group 3: Role of the Community in the Reintegration of Victims and Offenders into the Community
Each group elected a chairperson, co-chairperson, rapporteur and co-rapporteur in order to facilitate thediscussions. During group discussion the group members studied the designated topics and exchanged
views based on information obtained through personal experience, the Individual Presentations, lectures andso forth. Later, Plenary Meetings were held to discuss the interim outline of the Group Workshop Reports
and to offer suggestions and comments. During the final Plenary Meetings, drafts of the Group Workshop
Reports were examined and critiqued by all the participants and the UNAFEI faculty. Based on these
discussions, the Groups further refined their Reports and presented them in the Report-Back Sessions,where they were endorsed as the Reports of the Seminar. The full texts of these Reports are published in
UNAFEI Resource Material Series No 68.
3. Outcome Summary(i) Effective measures for the prevention of crime associated with urbanizationa) Emphasising repressive measures in combating crime, such as strengthening law-enforcement
and punishment are necessary and some positive results can be expected. However, relying
solely on such measures is insufficient since they do not take into account the prevention ofcrime and reintegration of offenders into the community.
b) An understanding of where and why crimes occur can improve attempts to fight crime. Maps
offer crime analysts graphic representations of such crime related issues.
c) Proper and meaningful urban planning is essential. If we want to change criminal behaviour, wemust first change the environment such as to reduce the opportunities which might lead a
person to offend. Target hardening such as installing CCTV, grills on windows and doors, better
locks for doors and windows and lighting around houses and other security devices act as adeterrent to prevent the commission of crime.
d) The creation of social amenities should be provided for people in urban areas. The youth andchildren for instance, need assistance from the community around them in terms of proper
housing, recreation, education, vocational training, employment, etc. that can make their lives
better so that they are less likely to commit crimes.
e) The family as a whole, local government leaders, religious leaders, etc. should get involved incrime prevention. Youths and juvenile delinquents should be educated and sensitized to improvetheir morals and values.
f) There are bad effects and a loss of confidence from society’s perception of corruption within thepolice administration. Effective measures must be taken by the government to ensure that thereis transparency and accountability.
g) Inter-agency cooperation is very important. A comprehensive anti-crime programme should beplanned in order to have many governmental organizations as well as non-governmentalorganisations share information and work together.
h) There should be a partnership between the police and the community letting the latter bearsome responsibility in preventing crime. That is to say, that the establishment of community
policing is inevitable. As a step forward, introducing a close relationship between theprosecution and the community is of vital importance (Community Prosecution).

(ii) Effective measures for youth at risk
Many new initiatives should be taken by the government, foundations, businesses and nongovernment organizations to combat juvenile delinquency, youth crimes and unemployment asfollows.
a) There should be an emphasis on staff training and development and cross-disciplinary training
should be increased.
b) There should be professional development opportunities for staff and officials at all levels of thesystem.

4

MAIN ACTIVITIES

c)
d)
e)
f)
g)
h)
i)
j)

Measures should be taken to overcome the negative perceptions of juvenile offenders. Negative
public reaction to violent offences committed by youths creates great obstacles for them to seek
access to community services including education, employment and practical training.
Providing public forums that enable young people to tell their stories is an effective way toengage the media, public officials and the public.
More extensive diversionary measures with more respect for victims should be discussed in thecriminal justice system.
Institutional vocational education programmes should offer training only in occupations forwhich there is demand. Efforts to reach out to employers should extend to public sector
employers and small and medium businesses.
The necessary community based services and support for juveniles should be made accessible
in the community.
Youth correctional facilities, local workforce development, education and youth development
providers should work closely together to connect youth to appropriate services prior to theirscheduled release date.
Identifying adequate resources. Policymakers should be informed about the outcome of effective
programmes and the cost savings they can achieve.
Common understandings, goals and desired outcomes should be developed through a multidisciplinary approach involving law enforcers, educators, the judiciary, etc.

The government should put an emphasis on implementing effective early prevention measures,executing criminal justice procedures with more extensive diversionary measures including more
respect for victims; and promoting re-integration of juveniles into society with appropriate court
dispositions.

(iii) Role of the community in the reintegration of victims and offenders into the community
Rehabilitation of offendersa) Develop appropriate offender treatment, support and aftercare measures by utilizing community
resources.
b) Improve the training systems of appropriate organizations and institutions with a view toproviding effective delivery of programme activities and services.
c) Develop appropriate policy guidelines to improve coordination and collaboration among relevant
sector agencies, organizations and institutions and the government to consider embedding
appropriate policies into legislation.
d) Introduction of evidence-based practice for offender treatment, support and aftercare.
Victims of crimea) Develop standards for police, lawyers, medical professionals and others as well as establish
appropriate training and educational courses. There is also a need to raise public awareness on
avoiding victimization, promoting understanding of the victims’ situation and so on.
b) Invest in projects to implement victim assistance and support, including services provided to
women and children by non-governmental organizations, health and police professionals.
c) Develop appropriate policy guidelines to improve coordination and collaboration among relevant
sector agencies, organizations and institutions.
d) Adopt legislation to incorporate the principles of the UN Victim Declaration into appropriate
language of Members States countries in a form that provides a framework for the
implementation of the Declaration.
e) Invest in research to assess the extent to which victims receive services and justice as well as
surveys to measure the extent of victimization and its impact.
Restorative justice approachesa) Consider the recruitment and appropriate professional training of selected facilitators.
b) Establish an expert group of selected and competent officers and facilitators; including
volunteers to develop and facilitate the implementation of appropriate restorative justiceprogrammes.
c) Establish an agency mandated and authorized to provide supervision and monitoring to ensurecompliance and fulfilment of the agreement between the offender and victim in the restorative
justice programme.

5

ANNUAL REPORT FOR 2005d)Develop appropriate legislation to provide a basic legal framework for the restorative justicesystem to protect fundamental human rights.

Other relevant issuesa) Implement national crime prevention programmes consistent with the UN Guidelines and the
Recommendations of the World Health Organization to significantly reduce violence, prioritizing
violence within the family.
b) Foster policing that is focused on strategic approaches to the reduction of crime andpartnerships with agencies such as schools, social services and local government that are likely
to lead to real reductions in victimization specifically focused upon youth at risk.
c) Establish local level government crime prevention strategies to diagnose crime problems,develop plans, and implement strategies and monitor success in reducing crime.
There is no single or easy solution to combating crime, especially as we confront the transition into a
new knowledge based economy and all that comes with it. The challenge is to continue to explore bestpractices, and draw from lessons learnt from other countries.
The re-integration of offenders and victims based upon community involvement is the best vehicle tosupport evidence-based practice in reducing crime levels.

B. The 130th International Training Course
1. Introduction
UNAFEI conducted the 130th International Training Course from 16 May to 23 June 2005 with the main
theme, “Integrated Strategies to Confront Domestic Violence and Child Abuse”. This Course consisted of 23
participants and 2 observers from 19 countries.
2. Methodology
The objectives of the Course were primarily realized through the Individual Presentations and Group
Workshop sessions. In the former, each participant presented the actual situation, problems and future
prospects of their country with respect to the main theme of the Course. The Group Workshops further
examined the subtopics of the main theme. To facilitate discussion, the participants were divided into threegroups to discuss the following topics under the guidance of faculty advisers:
Group 1: Effective Criminal Justice Responses to Child Abuse and Domestic ViolenceGroup 2: Protective Measures for Victims of Child Abuse and Domestic ViolenceGroup 3: Treatment Programmes for Perpetrators
The three groups elected a chairperson, co-chairperson, rapporteur and co-rapporteur to organize thediscussions. The group members studied the designated subtopics and exchanged their views based on
information obtained through personal experience, the Individual Presentations, lectures and so forth.
During the course, Plenary Meetings were held to discuss the interim outline of the Group Workshop
Reports and to offer suggestions and comments. During the final Plenary Meetings the drafts of the Group
Workshop Reports were examined and critiqued by all the participants and the UNAFEI faculty. Based onthese discussions, the Groups further refined their reports and presented them in the Report-Back
Sessions, where they were endorsed as the Reports of the Course. The full texts of the Reports are
published in this 69th Resource Material Series.
3. Outcome Summary(i) Effective criminal justice responses to child abuse and domestic violence (CA/DV)a) Acts pertaining to CA/DV should be criminalized to ensure the purposes underlined by relevant
UN instruments.
b) There is a need for a multidisciplinary approach to victim protection and support.
c) Victim protection should not compromise the accused’s right to due process and a speedy
criminal procedure.
d) There is a need to rehabilitate offenders to prevent re-offending.
e) All stakeholders of the criminal justice system who deal with CA/DV should receive training.

6

MAIN ACTIVITIES

f)
g)
h)

Criminal justice agencies should cooperate and collaborate with other outside agencies.
The possibility of developing programmes to treat offenders should be explored.
Experts and technological improvements should be utilized.

(ii) Protective measures for victims of child abuse and domestic violencea) In order to promote general prevention the role of education and public awareness is critical.
Media and private sector participation at the grass-roots level in this campaign is a key tosuccess.
b) The target of these awareness raising campaigns should be people from all strata of society
including public officers, community and religious leaders, young couples, children, victims andperpetrators.
c) In order to encourage reporting, protection of the source of the information should be ensured
and professionals with information on victims should be exempted from confidentiality.
d) A system of mandatory reporting may be implemented to encourage the public to reportdomestic violence and child abuse.
e) Maximum channels should be available to the public in order to get relief and a well organizedinterdisciplinary coordination mechanism can result in providing relief to victims at theirdoorstep.
f) A timely and appropriate level of intervention is vital to ensure the safety of victims by
secluding victims from perpetrators to prevent repeated victimization and victims should be
encouraged to approach shelters and other help centres.
g) Counselling is not only important for victims to empower them to deal with the situations but
perpetrators should also be targeted to improve their behaviour and break the cycle of violence.
h) Public education is a major way of minimizing secondary victimization by the community.
Moreover, criminal justice practitioners should also be aware of the plight of the victims andequipped with skills to deal with victims appropriately.
i) A legal framework for effective and prompt protective orders should be in place and violations ofthese orders should be criminalized.
j) A holistic approach, e.g. Unified Family Courts, is an alternative solution to the problem but its
practical difficulties should be taken into account. The prime importance is providing relief andprotection to victims and it should be envisaged in existing and future judicial set-ups.
(iii) Treatment programmes for perpetrators
The participants agreed that the perpetrators of CA/DV need to undertake a special perpetrators
programme, utilizing the “Common Hybrid Model” as a model programme/model guideline. In orderto implement this programme/guideline in each field, we have to consider the different settings in
respective countries. For implementation, the following issues should be considered.
a)
b)
c)
d)
e)
f)
g)
h)

States are obliged to promote treatment programmes for CA/DV perpetrators.
Treatment programmes must address the risks, needs and characteristics of target perpetrators.
States must consider the status of perpetrators such as inmates, probationers/parolees.
States can utilize programmes which are proven to be effective based on research evidence.
States may change such programmes depending on the particular conditions of respective
countries.
State government needs to co-operate with other stakeholders, such as, civil organizations, etc.
Staff competency is important for successful treatment programmes; therefore, appropriate
training is essential.
Proper evaluation of the treatment programmes is important.
Safety of victims and their family members should be considered in developing treatment
programmes.

C. The 131st International Training Course
1. Introduction
From 29 August to 6 October 2005, UNAFEI conducted the 131st International Training Course with themain theme, “The Use and Application of the United Nations Declaration of Basic Principles of Justice forVictims of Crime and Abuse of Power - Twenty Years after Its Adoption”. This Course consisted of 24
participants from 17 countries.

7

ANNUAL REPORT FOR 2005

2. Methodology
The objectives of this Course were primarily realized through the Individual Presentations and the Group
Workshop sessions. In the former, each participant presented the actual situation, problems and future
prospects of their country with respect to the main theme of the Course. To facilitate discussions, theparticipants were divided into three groups.
Each group elected a chairperson, co-chairperson, rapporteur and co-rapporteur to organize thediscussions. The group members studied the situation in each of their countries and exchanged their views
based on information obtained through personal experience, the Individual Presentations, lectures and soforth.
Group 1: Protection of Victims of Crime in the Criminal Justice System
Group 2: Response to Needs of Victims of Crime
Group 3: Active Participation of Victims of Crime in the Criminal Justice Process
Plenary Meetings were later held to discuss the interim outline of the Group Workshop Reports and tooffer suggestions and comments. During the Plenary Meetings, drafts of the Group Workshop Reports were
examined and critiqued by all the participants and the UNAFEI faculty. Based on these discussions, theGroups further refined their Reports and presented them in the Report-Back Sessions, where they wereendorsed as the Reports of the Course. The Reports will be published in full in UNAFEI Resource Material
Series No. 70.
3. Outcome Summary(i) Protection of victims of crime in the criminal justice system
It is highly likely that victims suffer secondary victimization more often while in the hands of thepolice than in court. Although considerable efforts are now being made in different countries aimed
at protecting victims and ensuring their active participation in the criminal justice process, much stillneeds to be done to improve the knowledge levels of criminal justice practitioners about the impactof crime on victims. Justice officials need therefore to exhibit positive attitudes towards crime
victims and victims of abuse of power.
The following are recommended as possible measures to take in order to protect victims of crime inthe criminal justice process.
a)
b)
c)
d)

Provide adequate professional training to police investigators, prosecutors and judges in order tochange their attitudes and perceptions towards victims of crime, as well as to improve skills forprotecting them.
Improve the public affairs office in information dissemination through both print and electronic
media to raise awareness levels on the problems and needs of victims.
Consider establishing a substantive and easily accessible victim contact office based, forexample, at the national police agency headquarters.
Improve investigators’ attitudes, questioning skills, etc. when interviewing victims of crime, sothat the victims will not suffer from secondary victimization. Also, ensure that victims areinterviewed at police stations or public prosecutors’ offices in a separate room and/or time from
offenders.

(ii) Response to needs of victims of crimea) States should conduct a survey on the impact of physical, financial and psychological injuries,and secondary victimization of crime victims.
b) Criminal justice personnel should be given training on the impact of secondary victimization andsusceptibility of crime victims.
c) States should endeavour to make various forms of support available to victims of crime at one
place.
d) States should promulgate a code of conduct for criminal justice personnel to deal with victims ofcrime and victims of abuse of power.
e) Private victim support organizations and criminal justice personnel should act in cooperation inorder to extend maximum support to victims of crime. A coordinating body should be set up tocoordinate activities of private victim support organizations and criminal justice agencies.

8MAIN ACTIVITIES

f)
g)
h)

A charter containing rights of victims should be adopted by states, and those rights should be
widely disseminated so that people are more aware of their rights. This charter should be
included in academic curriculum of states.
Victims should be given all information regarding their case as long as it does not jeopardize theinvestigation and trial of cases.
States should create a fund to compensate victims of crime.

(iii) Active participation of victims of crime in the criminal justice process
It was agreed that the United Nations Declaration of Basic Principles of Justice for Victims of Crime
and Abuse of Power was significant and Member States should consider endeavouring to implement
the Declaration as much as possible, based on each country’s situation, culture and the justicesystem.
With this perspective in mind, the following conclusions and recommendations were made:a) Victims should be given an opportunity to express their views and concerns, and those should
be considered carefully by relevant agencies throughout the criminal justice process.
b) In the investigation stage, victims should be given an opportunity to express their views andconcerns by making a complaint.
c) Victims should be entitled to access to basic information on the progress of the case at every
stage of the judicial process.
d) Victims should be treated with compassion and respect for their dignity, and should be
supported in their efforts to participate in the criminal justice process.
e) In a jurisdiction where the basic form of prosecution is public prosecution, it is important tohave an independent and impartial body to review decisions of non-prosecution in order toensure fair prosecution.
f) Private prosecution might be one of the options when the State decides not to prosecute;however, measures should be in place to guard against abuse.
g) It is important that the judicial system of a country has appropriate judicial and administrative
mechanisms to facilitate the victim’s participation in the court proceedings.
h) Victims of crime suffer the most as a result of crime. It is of the utmost importance to give theman opportunity to express their pain and feelings in the form of a Victim Impact Statement andVictim Impact Evidence.
i) With respect to the compensation and restitution of victims, it is important that victims receive
swift restoration for damage inflicted by the offender through the criminal justice process.
j) Victims’ views, amongst other factors, should be considered by the prosecutor in determining
whether to appeal.

D. Special Seminars and Courses
1. Tenth Special Seminar for Senior Criminal Justice Officials of the People’s Republic of China
The Tenth Special Seminar for Senior Criminal Justice Officials of the People’s Republic of China, entitled“Protection of Human Rights for Suspects and Defendants in Criminal Proceedings and Utilization of Noncustodial Measures in the Criminal Justice System”, was held from 21 February to 10 March 2005. Sixteen
senior criminal justice officials and the UNAFEI faculty comparatively discussed contemporary problems
faced by China and Japan in relation to the above theme.
2. The First Seminar on Criminal Justice for Central Asia
The First Seminar on Criminal Justice for Central Asia entitled “Comparative Study on the Criminal
Justice Systems of the Participating Countries and Japan - For the Establishment of a Fair and Efficient
Criminal Justice System” was held from 28 February to 16 March 2005. The participants comprised of
sixteen criminal justice officers from the five Central Asian countries, namely Kazakhstan, Kyrgyz Republic,
Tajikistan, Turkmenistan and Uzbekistan.
3. The Second Special Training Course on Strengthening the Anti-Corruption Capacity in Thailand
The Second Special Training Course on “Strengthening the Anti-Corruption Capacity in Thailand” washeld from 27 June to 21 July 2005 for twenty officials from the Office of the National Counter Corruption
Commission (ONCC), Thailand. Through the Training programme, participants discussed various problems
relating to corruption control, expanding their technical and juridical knowledge on the suppression ofcorruption and asset investigation.

9

ANNUAL REPORT FOR 2005

4. The Sixth Special Training Course on the Juvenile Delinquent Treatment System for Kenya
UNAFEI held the Sixth Training Course on the Juvenile Delinquent Treatment System for Kenya from 17
October to 10 November 2005. The participants comprised officials working for the prevention ofdelinquency and the treatment of juvenile delinquents in Kenya including the children’s department, thechildren’s court, the police, probation officers, corrections officers and volunteer children’s officers. The
Course exposed sixteen Kenyan officials to the workings of the Japanese juvenile justice and treatment
systems through lectures, a practicum and observation visits to relevant agencies.
5. The Eighth Special Training Course on Corruption Control in Criminal Justice
The Eighth Special Training Course on Corruption Control in Criminal Justice was held from 24 October 17 November 2005. In this course fifteen foreign and three Japanese officials engaged in corruption control
comparatively analyzed the current situation of corruption, methods of corruption prevention andsuppression, and measures to enhance international cooperation.
6. Fourth JICA-NET Seminar on the Revitalization of the Volunteer Probation Aid System for the Philippines
A video teleconference was held from 5 to 6 December 2005 to facilitate the development of thePhilippine VPA system. Twenty four participants and twenty four observers from the Parole and Probation
Administration of the Philippines attended and interacted with Japanese VPOs and PPOs.

III. TECHNICAL COOPERATION
A. Regional Training Programmes
1. Short-Term Experts in Kenya
From 28 June to 31 August 2005, three UNAFEI professors were dispatched to Kenya to assist theChildren’s Department of the Vice-President of the Ministry of Home Affairs of Kenya in a project todevelop nationwide standards for the treatment of juvenile offenders.
2. International Training Course on Criminal Justice System Reform in Latin American Countries
UNAFEI dispatched two professors to the Republic of Costa Rica, from 24 July to 12 August 2005, to
jointly host, with ILANUD, a course on Criminal Justice Reform in Latin America in which ten countries
were represented. On 4 August, they travelled to Guatemala to hold a follow-up seminar, focusing on thespecific situation in Guatemala.

B. The 11th Congress
UNAFEI and the Swedish Economic Crimes Bureau organized a workshop on “Measures to Combat
Economic Crime, Including Money Laundering” for the 11th Congress held in Bangkok, Thailand from 20 to
21 April 2005. A comprehensive report on the results of the workshop will be published at the beginning of
2006.
C. Second In-Country Training Course on Strengthening the Anti-Corruption Capacity in Thailand
UNAFEI, in cooperation with the National Counter Corruption Commission (NCCC) of Thailand, held asecond In-Country Training Course in Bangkok, Thailand from 28 November to 2 December 2005. Sixty
participants from Thailand attended the Course. The purpose of the Course was to develop and enhance thecapacity and efficiency of the ONCC (which supports the activities of the NCCC) in the field of suppression,
inspection and prevention of corruption.
IV. COMPARATIVE RESEARCH PROJECT
Reflecting its emphasis on the systematic relevance of training activities and priority themes identified
by the UN Commission, the research activities of the Institute are designed to meet practical needs,
including those for training materials for criminal justice personnel. In March 2005, UNAFEI Published its
Research on the Trends in Drug Abuse and Effective Measures for the Treatment of Drug Abusers in AsianCountries – An Analysis of Innovative Measures for the Treatment of Drug Abusers.
In April 2005, UNAFEI embarked on a two year research project with the research department of the Research
and Training Institute of the Ministry of Justice concerning measures to combat high-tech crime, including
identity theft. Research was carried out by a UNAFEI professor in the United States, Canada and Japan.

10MAIN ACTIVITIESV. INFORMATION AND DOCUMENTATION SERVICES
The Institute continues to collect data and other resource materials on crime trends, crime prevention
strategies and the treatment of offenders from Asia, the Pacific, Africa, Europe and the Americas, and makes
use of this information in its training courses and seminars. The Information and Library Service of theInstitute has been providing, upon request, materials and information to United Nations agencies,
governmental organizations, research institutes and researchers, both domestic and foreign.

VI. PUBLICATIONS
Reports on training courses and seminars are published regularly by the Institute. Since 1971, theInstitute has issued the Resource Material Series, which contains contributions by the faculty members,
visiting experts and participants of UNAFEI courses and seminars. In 2005, the 65th, 66th and 67th editionsof the Resource Material Series were published. Additionally, issues 116 to 118 (from the 129th to the 131st
respectively) of the UNAFEI Newsletter were published, which included a brief report on each course andseminar and other timely information. These publications are also available on UNAFEI’s web site
http://www.unafei.or.jp/english.

VII. OTHER ACTIVITIES
A. Public Lecture Programme
On 28 January 2005, the Public Lecture Programme was conducted in the Grand Conference Hall of the
Ministry of Justice. In attendance were many distinguished guests, UNAFEI alumni and the 129th
International Seminar participants. This Programme was jointly sponsored by the Asia Crime Prevention
Foundation (ACPF), the Japan Criminal Policy Society (JCPS) and UNAFEI.
Public Lecture Programmes increase the public’s awareness of criminal justice issues, throughcomparative international study, by inviting distinguished speakers from abroad. This year, Dr. Vincent E.
Henry (Associate Professor, Department of Homeland Security, Long Island University, United States) andProf. Hans-Jurgen Kerner, (Professor of Tubingen University, President, Institute of Criminology, Tubingen
University) were invited as speakers to the programme. They presented papers on “COMPSTAT Managementin the NYPD: Reducing Crime and Improving Quality of Life in NewYork City” and “Young Delinquents andYouth at Risk: Data and Reflections about a Complex Problem with Regard to Community Level Crime
Prevention Efforts”, respectively.

B. Assisting UNAFEI Alumni Activities
Various UNAFEI alumni associations in several countries carry out research activities in their respective
criminal justice fields. It is, therefore, one of the important tasks of UNAFEI to support these contributions
to improve the crime situation internationally.
C. Overseas Missions
Ms. Tamaki Yokochi (Professor), Mr. Rosei Tada (Staff), Ms. Minako Fujimura (Staff) and Ms. Yukari
Ishikawa (Staff) visited the Philippines from 16 to 20 January 2005 with nine Volunteer Probation Officers to
conduct interaction meetings with Filipino Volunteer Probation Aids at San Pedro, Bacolod and Iloilo.
Mr. Kunihiko Sakai (Director) and Mr. Keisuke Senta (Professor) visited Washington, D.C. to prepare forWorkshop 5 of the 11th U.N. Congress on Crime Prevention and Criminal Justice from 1 to 6 March 2005.
Ms. Tomoko Akane (Former Deputy Director) visited Manila, the Philippines to observe the progress of
the revitalization of the Volunteer Probation Officers and had meetings with JICA Philippines from 8 to 11
March 2005.
Mr. Kunihiko Sakai (Director), Mr. Keisuke Senta (Deputy Director), Mr. Hiroyuki Shinkai (Professor)
and Mr. Seiji Yamagami (Secretariat Officer) visited Bangkok, Thailand to co-host Workshop 5 of the 11th
U.N. Congress on Crime Prevention and Criminal Justice from 14 to 26 April 2005.
Mr. Motoo Noguchi (Professor) visited Bangkok, Thailand for the 11 th U.N. Congress on Crime
Prevention and Criminal Justice from 14 to 26 April 2005 to attend a Working Group on the Role of Criminal

11

ANNUAL REPORT FOR 2005

Justice in Minimizing Socio-economic Damage Subsequent to National Disaster, jointly held by the ACPF,
the Attorney General’s Office of Thailand and UNAFEI. He also attended an Ancillary meeting entitled
Crime Prevention and Criminal Justice in the Context of National Disasters: Lessons Learned, organized by
the ACPF and ISPAC.
Mr. Takafumi Sato (Professor, Chief of Training Division) visited Bangkok, Thailand and presented a paperat Workshop 1 of the 11th Congress on Crime Prevention and Criminal Justice 1 from 17 to 26 April 2005.
Mr. Kunihiko Sakai (Director) and Mr. Takafumi Sato (Professor) visited Vienna, Austria to attend the
U.N. Commission on Crime Prevention and Criminal Justice to present a report on Workshop 5 of the 11th
U.N. Congress from 22 to 29 May 2005.
Mr. Motoo Noguchi (Professor) visited The International Criminal Court in The Hague, Netherlands, as a
Visiting Professional from 4 June to 7 July 2005.
Mr. Masahiro Tauchi (Director), Mr. Hiroyuki Shinkai (Professor), Ms. Tamaki Yokochi (Professor), Mr.
Junichi Ebara (Chief of Secretariat) and Mr. Masayuki Tanuma (Chief of the International Research Affairs
Section, Secretariat) visited China to prepare for the 11th Special Seminar for Senior Criminal Justice
Officials of the People’s Republic of China from 24 to 31 July 2005.
Mr. Iichiro Sakata (Professor) and Mr. Tomoyuki Noge (Professor) visited Costa Rica and Guatemala from24 July to 12 August 2005. In Costa Rica they jointly hosted with ILANUD a course on Criminal JusticeReform in Latin America in which 10 countries were represented. On 4 August, they travelled to Guatemala
to hold a follow-up seminar, focusing on the specific situation in Guatemala.
Mr. Masato Uchida, (Professor, Chief of Research Division) visited Kenya to assist them in enhancing theservices of the Children’s Department of the Ministry of Home Affairs and National Heritage from 28 June
to 31 August 2005. Mr. Keisuke Senta (Deputy Director) and Ms. Tae Sugiyama (Professor, Chief ofInformation and Library Science) joined him from 1 August – 21 August 2005.
Mr. Motoo Noguchi (Professor) visited Copenhagen, Denmark to participate and speak at the 10 th
Conference of the International Association of Prosecutors from 28 August to 1 September 2005.
Mr. Keisuke Senta (Deputy Director) visited the United Arab Emirates from 17 to 21 September 2005.
He presented a paper on “Job Allegiance and Professional Ethics Emphasizing Concepts, Codes of Ethics,
Means of Enhancing Job Allegiance and Maintaining Professional Ethics (Japanese Police and Criminal
Justice Experience)” at a Symposium on Job Allegiance and Professional Ethics at the United Arab Emirates
Ministry of Interior Police College.
Ms. Tamaki Yokochi (Professor) visited Balanga City, Bataan Province, and Manila the Philippines from19 September to 12 October, 2005 to give technical assistance to training courses conducted by the Paroleand Probation Administration of the Department of Justice for local probation officers and volunteer
probation aids.
Mr. Masato Uchida (Professor), Mr. Hiroyuki Shinkai (Professor), Ms. Ayako Tanaka (Staff) and Mr.
Hideyuki Inoue (Staff) visited the Republic of Korea to participate in the 25th Asian and Pacific Conference ofCorrectional Administrators from 25 September. Mr. Uchida addressed the Conference on the activities of
UNAFEI and other delegates participated in various workshops. Mr. Shinkai returned to Japan on 28
September while the other delegates stayed until 1 October.
Director Masahiro Tauchi and Mr. Hiroyuki Shinkai (Professor) visited China to attend the Second
International Congress of the ASEAN and China Cooperative Operations in Response to Dangerous Drugs
from 17 to 21 October, 2005.
Director Masahiro Tauchi, Mr. Keisuke Senta (Deputy Director), Mr. Tomoyuki Noge (Professor), Ms.
Satoko Ikeda (Professor), Mr. Ryousei Tada (Staff) and Mr. Takayuki Aizawa (Staff) visited Bangkok, Thailand

12

MAIN ACTIVITIESfrom 24 to 30 November and 24 November to 3 December 2005 respectively, to attend the In-Country
Training Course under the three-year project on “Strengthening the Anti-Corruption Capacity in Thailand”.
Director Masahiro Tauchi visited Courmayeur, Italy to attend the 2005 PNI coordination meeting from 30
November to 4 December 2005.
Ms. Kayo Ishihara (Professor) visited Shenzhen City, the Peoples Republic of China to attend the First
Asia-Europe Prosecutors General Conference from 9 to 12 December, 2005.

D. Assisting ACPF Activities
UNAFEI cooperates and corroborates with the ACPF to improve crime prevention and criminal justiceadministration in the region. Since UNAFEI and the ACPF have many similar goals, and a large part of
ACPF’s membership consists of UNAFEI alumni, the relationship between the two is very strong. As an
example of this cooperation the Director of UNAFEI Mr. Kunihiko Sakai visited Macau from 24 to 26
November to attend the ACPF World Conference and gave a presentation on the “Specific Objectives to beachieved at the Eleventh United Nations Congress in Bangkok”.
VIII. HUMAN RESOURCES
A. Staff
In 1970, the Government of Japan assumed full financial and administrative responsibility for running theInstitute. The Director, Deputy Director and eleven Professors are selected from among public prosecutors,
the judiciary, corrections, probation and the police. UNAFEI also has approximately 20 administrative staff
members, who are appointed from among officials of the Government of Japan, and a linguistic adviser.
Moreover, the Ministry of Justice invites visiting experts from abroad to each training course and seminar.
The Institute has also received valuable assistance from various experts, volunteers and related agencies in
conducting its training programmes.
B. Faculty Changes
Ms. Tomoko Akane formerly Deputy Director of UNAFEI was transferred and appointed Professor at
Nagoya University Law School and Professor at the School of Law, Chukyo University on 1 April 2005.
Mr. Kei Someda formerly Professor of UNAFEI, was transferred and appointed Director, CaseManagement Division of Tokyo Probation Office on 1 April 2005.
Ms. Tae Sugiyama, formerly Deputy Director of the General Affairs Section of Kanto Regional Parole
Board’s Secretariat, joined UNAFEI as a Professor on 1 April 2005.
Mr. Tomoyuki Noge, formerly a prosecutor with Tokyo District Public Prosecutors Office, joined
UNAFEI as a Professor on 1 April 2005.
Ms. Satoko Ikeda, formerly a prosecutor with Chiba District Public Prosecutors Office, joined UNAFEI as
a Professor on 1 April 2005.
Mr. Haruhiko Higuchi, a Professor and Director for Special Police Studies at the Police Policy ResearchCentre, National Police Academy joined UNAFEI as a Professor on 11 April 2005.

IX. FINANCESThe Ministry of Justice primarily provides the Institute’s budget. The total amount of the UNAFEI
budget is approximately ¥287 million per year. Additionally, JICA and the ACPF provide assistance for theInstitute’s international training courses and seminars.

13

UNAFEI WORK PROGRAMME FOR 2006
I. TRAINING
A. 132nd International Seminar
The 132nd International Senior Seminar, “Strengthening the Legal Regime for Combating Terrorism”,
will be held from 10 January to 9 February 2006. The Seminar will examine the current situation ofterrorism and the legal regime against it and the current problems and challenges in order to come up witheffective strategies and countermeasures, having regard to each country’s resources and individual factors
and the efforts being made by the international community.
B. 133rd International Training Course
The 133rd International Training Course, “Effective Prevention and Enhancement of Treatment for
Sexual Offenders” will be held from 15 May to 22 June 2006. The Course will examine and analyze thecurrent situation of sexual offences, the legal framework for prevention, punishment and treatment ofoffenders and practices and programmes for prevention and treatment. It will identify the current problems
and challenges faced and explore effective measures and strategies to improve prevention and treatment
programmes.
C. 134th International Training Course
The 134th International Training Course, “Challenges in the Investigation, Prosecution and Trial ofTransnational Organized Crime”, will be held from 28 August 5 October 2006. The Course will examine thecurrent situation of transnational organized crime in the respective participant’s countries and their legal
regime to investigate, prosecute and try it. It will also examine the current situation of and problems andchallenges in the investigation, prosecution and trial of these offences in relation to collecting key evidence
and in relation to international cooperation.
D. Eleventh Special Seminar for Senior Criminal Justice Officials of the People’s Republic of China
The Eleventh Special Seminar for Senior Criminal Justice Officials of the People’s Republic of China,“Towards a Criminal Justice System that can meet the Challenges of Globalization and Reflects the Citizen’s
Point of View” is scheduled to be held at UNAFEI from 20 February to 9 March 2006. Twelve senior criminal
justice officials and members of the UNAFEI faculty will discuss contemporary problems faced by China andJapan in relation to the above theme.
E. The Second Seminar on Criminal Justice for Central Asia
The Second Seminar on the Criminal Justice System for Central Asia will be held from 27 February to 16
March 2006 at UNAFEI. The Seminar is entitled a “Criminal Justice System that Meets the Needs of the
New Epoch”. Fourteen criminal justice officials and members of the UNAFEI faculty will discuss
contemporary problems faced by central Asia and Japan in relation to the above theme.
F. Third Special Training Course on Strengthening the Anti-Corruption Capacity in Thailand
UNAFEI will hold the Third Special Training Course on Strengthening the Anti-Corruption Capacity in
Thailand for sixteen officials from the Office of the National Counter Corruption Commission (ONCC),
Thailand. In this final course of a series of three, participants will discuss various problems relating tocorruption control, expanding their technical and juridical knowledge of the suppression of corruption andasset investigation. The Course will be held from 6 to 27 April 2006.
G. First Seminar on the Revitalization of the Volunteer Probation Aide System for the Philippines
UNAFEI will conduct a new seminar entitled the “First Seminar on the Revitalization of Volunteer
Probation Aide System for the Philippines”, which will be held from 28 June to 11 July 2006. Ten Parole andProbation officers of the Parole and Probation Administration of the Philippines and two Volunteer Probation
Aides will attend.
H. Seventh Training Course on the Juvenile Delinquent Treatment System for Kenyan Criminal
Justice Officials
UNAFEI will hold the Seventh Training Course for Kenyan criminal justice officials who are working forthe prevention of delinquency and the treatment of juvenile delinquents in their country. The Course will be

14

WORK PROGRAMME

held around October 2006. The Course will expose Kenyan officials to the workings of the Japanese juvenile
justice and treatment systems through lectures and observation visits to relevant agencies.

I. Ninth International Training Course on Corruption Control in Criminal Justice
UNAFEI will conduct the Ninth International Training Course entitled “Corruption Control in Criminal
Justice” from 23 October to 17 November 2006. In this course, foreign and Japanese officials engaged incorruption control will comparatively analyze the current situation of corruption, methods of corruption
prevention and measures to enhance international cooperation in this regard.
J. Fifth JICA-NET Seminar on the Revitalization of the Volunteer Probation Aide System for thePhilippines.
A video teleconference will be held on the Revitalization of the Volunteer Probation Aide System for thePhilippines. The date has not been decided yet.
II. TECHNICAL COOPERATION
A. International Training Course on the Criminal Justice System Reforms in Latin America
UNAFEI will be represented by two professors at a training programme held in cooperation with JICA
and ILANUD entitled “International Training Course on the Criminal Justice System Reforms in Latin
America”, in El Salvador from 19 to 21 July 2006 and in San Jose, Costa Rica from 24 July to 3 August 2006.
The participants of the training programme will be judges, prosecutors and attorneys (public and private,engaged in defence) and in Costa Rica the Course will be attended by participants from ten countries.
B. Short-Term Experts in Kenya
In August 2006, two UNAFEI professors will be dispatched to Kenya to assist the Children’s Departmentof the Vice-President of the Ministry of Home Affairs of Kenya in a project to develop nationwide standards
for the treatment of juvenile offenders.
C. Second In-Country Training Course on Strengthening the Anti-Corruption Capacity in Thailand
UNAFEI in cooperation with the National Counter Corruption Commission (NCCC) of Thailand will holdan In-Country Training Course in Bangkok, Thailand around November 2006. Sixty Thai participants are
expected to attend.
D. Joint Seminar
UNAFEI will hold a Joint Seminar with Thailand in November 2006. The theme of the Joint Seminar has
yet to be decided.
E. Research
In 2006, UNAFEI will complete a research project with the research department of the Research andTraining Institute of the Ministry of Justice concerning measures to combat high-tech crime, including
identity theft.

15

ANNUAL REPORT FOR 2005

APPENDIX
MAIN STAFF OF UNAFEI
Mr. Masahiro Tauchi
Mr. Keisuke Senta

Director
Deputy Director

Faculty
Mr. Motoo Noguchi
Mr. Haruhiko Higuchi
Ms. Tae Sugiyama
Mr. Hiroyuki Shinkai
Ms. Tamaki Yokochi
Mr. Masato Uchida
Mr. Tomoyuki Noge
Ms. Megumi Uryu
Ms. Kayo Ishihara
Mr. Iichiro Sakata
Ms. Satoko Ikeda
Mr. Simon Cornell

Professor
Professor
Chief of Information & Library Service Division,
Professor
Professor
Professor
Chief of Research Division, Professor
Professor
Professor
Professor
Chief of Training Division, Professor
Professor
Linguistic Adviser

Secretariat
Mr. Junichi Ebara
Mr. Hitoshi Nishimura
Mr. Kazunari Arakawa
Mr. Ryousei Tada
Mr. Masayuki Tanuma

Chief of Secretariat
Deputy Chief of Secretariat
Chief of General and Financial Affairs Section
Chief of Training and Hostel Management
Affairs Section
Chief of International Research Affairs Section

AS OF DECEMBER 2005

16

APPENDIX

2005 VISITING EXPERTS
THE 129TH INTERNATIONAL SEMINAR
Prof. Sir Anthony E. Bottoms

Wolfson Professor/Director Institute of
Criminology
University of Cambridge,
United Kingdom

Prof. Hans-Juergen Kerner

Professor of Tubingen University
President, Institute of Criminology,
Tubingen University,
Germany

Prof. Irvin Waller

Professor of Criminology
University of Ottawa,
CanadaDr. Vincent E. Henry

Associate Professor
Department of Homeland Security,
Long Island University,
United States

Ms. Celia Sanidad-Leones

Commissioner
National Police Commission,
Republic of the Philippines

THE 130TH INTERNATIONAL TRAINING COURSE
Dr. Harry Stefanakis

Registered Psychologist
Private Practice,
Vancouver, B.C., Canada

Dr. Alexander Butchart

Coordinator, Prevention of Violence
Department of Injuries and ViolencePrevention,
Non-communicable Diseases and Mental
Health,World Health Organization,
Geneva, Switzerland

Ms. Kanwaljit Deol

Joint Commissioner of Police
Headquarters,
PHQ,
New Delhi Police,
India

Ms. Celia C. Yangco

Undersecretary for Operations
Department of Social Welfare andDevelopment,
Project Director,
Early Childhood Development Project,
Philippines

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ANNUAL REPORT FOR 2005

THE 131ST INTERNATIONAL TRAINING COURSE
Prof. Prathan Watanavanich

Adjunct Professor of Law
Thammasat University,
Kingdom of Thailand

Dr. Markus Löffelmann

Staatsanwalt
Federal Ministry of Justice,
Germany

Dr. Marlene A. Young

President
World Society of Victimology,
USA

Dr. Pedro R. David

Judge
Argentine Federal Criminal Court ofCassation,Argentina

Mr. Eduardo Vetere

Former Director
Division for Treaty Affairs,
UNODC

Dr. John P. J. Dussich

Director
Tokiwa International Victimology
Institute,
Tokiwa University,
Japan

18

APPENDIX

2005 AD HOC LECTURERS
THE 129TH INTERNATIONAL SEMINAR
Prof. Tsutomu Muramatsu

Professor
Sensyu University

Mr. Yutaka Harada

Director
National Research Institute of Police Science(NRIPS),
Department of Criminology and Behavioural
Sciences

Mr. Keiji Oda

Chairperson
The Alliance of Guardian Angels Japan, Inc.

THE 130TH INTERNATIONAL TRAINING COURSE
Prof. Hidehiko Kawazu

Tamagawa University

Dr. Eiichi Senoo

Tokyo Institute of Psychiatry

Ms. Sayoko Nobuta, Director

Harajuku Counselling Centre

Mr. Takao Kaneko

Chief Family Court Probation Officer
Tokyo Family Court

Prof. Hiroko Goto

Chiba University

Ms. Chiho Hatakeyama

Superintendent
National Police Agency

THE 131ST INTERNATIONAL TRAINING COURSE
Prof. Akira Yamagami, M.D.

Professor of the Department of Criminal
Psychiatry Division of Social Medicine,Tokyo Medical and Dental University

Ms. Emiko Okubo

Director of the Victim Support Centre ofTokyo; Member of the Committee on the Elaborationof the Measures on Crime Victims

Mr. Tatsuya Ota

Faculty of Law
Keio University

Mr. Ryotaro Oba

Counsellor of Minister’s Secretariat
Ministry of Justice

Mr. Koichi Hirota

Director of the Office for Victims of Crime
National Police Agency

19

ANNUAL REPORT FOR 2005

2005 UNAFEI PARTICIPANTS
THE 129TH INTERNATIONAL SEMINAR
Overseas Participants
Mr. Anare Bulainacagilaba

Assistant Superintendent of Police
Nasinu Police District,Fiji Police Force,Fiji

Mr. Conrado Arnulfo Reyes
Sagastume

National Coordinator
The Program of Civil Security in
Guatemala,
GuatemalaMr. Harlan Mardite

Head of Special Crime Section
District Attorney in Metro Lampung,Indonesia

Mr. Bounsavad Boupha

Deputy Director - General
Department of Court Judgement
Execution,
Ministry of Justice,
Laos

Mr. Abd Wahab Bin Kassim

Head of Human Resource Headquarters
Malaysia Prison Department,
Malaysia

Ms. Robiah Binti Abdul Ghani

Assistant Director
Public Affairs Division,
Royal Malaysia Police,
Malaysia

Mr. Vincent Peter

Police Lieutenant
Department of Public Safety,
Republic of the Marshall Islands,
Marshall Islands

Mr. Mustapha Hajjam

Headquarters Adviser’s Member
Nationale,
MoroccoMr. Nasser Abdulla Al-Riyami

Assistant Attorney-General
Public Prosecution,
Oman

Mr. Fasihuddin

Frontier Constabulary
NWFP (Northwest Frontier Province),
Peshawar,
Pakistan

Ms. Judith Del Socorro Gomez
SerranoDistrict Attorney with Speciality inJuvenile Delinquency
Public Ministry,
Panama20

APPENDIX

Mr. Victor Isouve

Acting Director of Crimes
Criminal Investigation Division,
Police Headquarters, Konedobu,
Papua New Guinea

Ms. Negil Kauvu

Director
Community Based Corrections,
Department of Justice,
Papua New Guinea

Mr. Advocate Leonard Nyombi

Officer in charge of Lindi Region
Tanzania Police Force,
Tanzania

Mr. Manat Cheokul

Director
Chiangmai Juvenile Observation andProtection Centre,
ThailandMs. Chirawan Khotcharit

Judge
Burirum Provincial Court,
Thailand

Mr. Silence Pondo

Assistant Commissioner
Operation of Crime in charge ofMatebeleland,
Zimbabwe Republic Police,
Zimbabwe

Japanese Participants
Mr. Kimio Chiba

Director of General Affairs Section
Osaka Probation Office

Mr. Nobuhiko Furuya

Public Prosecutor/Professor
The First Training Department,
Research and Training Institute,
Ministry of Justice

Mr. Masayoshi Kozawa

Public Prosecutor
Tokyo District Public Prosecutors Office

Mr. Noboru Nakatani

Assistant Director/Superintendent
Cyber Crime Division,
National Police Agency

Mr. Souichiro Nishioka

Director of the Rehabilitation Researchand Liaison Office
General Secretariat,
Kinki Regional Parole Board

Mr. Mitsuaki Takayama

JudgeTokyo District Court

Mr. Hideki Tanaka

Principal Programme Supervisor
International Affairs Division,
Fuchu Prison

21

ANNUAL REPORT FOR 2005

Mr. Motohiro Yano

Public Prosecutor/Professor
The Third Training Department,
Research and Training Institute,
Ministry of Justice

THE 130TH INTERNATIONAL TRAINING COURSE
Mr. Lim Thong

Central Department of Justice Police
Commissariat General of Cambodian
National Police, Ministry of Interior,
CambodiaMr. Hossam-Eldin Mohamed Aly Abo
Helw

Judge
Chief of a Family Court- Alexandria
Court,
Ministry of Justice,
Egypt

Ms. Ligia Yvette Turcios Torres

Public Defender
Prowraduria General Office,Public Ministry,
El Salvador

Mr. Jioape Tukitoga Caginidaveta

Prison Officer (Officer in Charge)
Fiji Prisons Service,Prisons Headquarters,Fiji

Ms. Irene Putrie

Public Prosecutor/Attorney
General Attorney of the Republic ofIndonesia,
Republic of Indonesia

Ms. Rosemary Nanjala Nabwana

Senior Probation Officer/Manager
Probation Girls’ Hostel,
Nakuru Probation Department,
Ministry of Home Affairs,
Kenya

Ms. Nor Azilah Hj. Jonit

Head
Sexual Investigation Unit,
Criminal Investigation Department,
Royal Malaysia Police,
Malaysia

Mr. Thuya Thein Tun Aung

Director
Prison Department,
Ministry of Home Affairs,
The Union of Myanmar

Mr. Akbar Nasir Khan

District Police Officer, Chitral
Police Service of Pakistan,
Pakistan

22

APPENDIX

Mr. Hilbert Macagaling Flor

Jail Chief Inspector (Jail National
Training Institute),
Bureau of Jail Management andPenology,
Department of the Interior and Local
Government,
Philippines

Mr. Peleniseaila Ifo

Senior Constable
Criminal Investigation Branch,
Ministry of Police Prisons and Fire
Services,
Samoa

Mr. Delana Mudiyanselage
Sarath Abayagunawardana

Commissioner
Department of Probation and Child Care
Services,
Ministry of Women’s Empowerment andSocial Welfare,
Sri Lanka

Mr. Lameck M.H. Bankobeza

Prison Officer, Legal and Welfare
Officer
Tanzania Prisons Service,Prisons Headquarters,
Tanzania

Ms. Foelane Chipo Muronda

Public Prosecutor
Attorney General’s Office,Zimbabwe

Mr. Chi Keung Kan

Chief Officer (Penal Operations)
Headquarters,
Correctional Services Department,
Hong Kong

Mr. Jae Ho Lee

Education Specialist
Education and Reform Division,
Daejeon Correctional Institute,
Korea

Japanese Participants
Mr. Hiroshi Aoki

Public Prosecutor
Osaka District Public Prosecutors Office

Mr. Tomoyuki Hatakeyama

Chief Specialist
Ichihara Juvenile Training School

Mr. Katsuhiro Kasai

Assistant Judge
Tokyo District Court

Mr. Koji Miura

Invesitigation Specialist
Tokyo Detention House

Mr. Masaki Nagai

Family Court Probation Officer
Chiba Family Court

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ANNUAL REPORT FOR 2005

Mr. Hiroki Sugimoto

Probation Officer
Nagoya Probation Office

Mr. Eiichi Suzuki

Probation Officer
Kanto Regional Parole Board

Ms. Asako Takashima

Public Prosecutor
Yokohama District Public Prosecutors
OfficeMr. Hironori Yokoyama

Assistant Judge
Tokyo District Court

THE 131ST INTERNATIONAL TRAINING COURSE
Overseas Participants
Mr. Mohammad Ashraf

Chief Judge
Primary Court,
Mohammad Aga loger Province,
Afghanistan

Mr. Skerdilajd Bushi

Officer of Judicial Police
Tirana District Prosecution Office,Albania

Ms. Dimpho Margaret Mathumo

Training Commandant
Botswana Local Police Service,
Botswana

Mr. Sothy Veng

Deputy Director
Department of Anti-Human Trafficking
and Juvenile Protection,
Commissarist General of Cambodian
National Police,
Ministry of Interior,
Cambodia

Mr. Gao-Feng Jin

Teacher and Researcher
Chinese People’s Public Security
University,
China

Mr. Errol Selwin Watts

Assistant Superintendent of Police
Guyana Police Force,
GuyanaMr. Jose Miguel Martinez Madrid

Police Chief of Public Affairs/Operations
Secretaria de Segridad,
Honduras

Mr. Yudi Kristiana

Head of Sub-District Attorney
Pagimana Central Sulawesi,
Indonesia

Mr. Abdulla Mohamed Mahmood

Judge
Criminal Court,
Maldives

24

APPENDIX

Mr. Edsel Ioanis Elias

Police Officer
Pohnpei State Department of Public
Safety,Micronesia

Ms. Nant Aye Aye Kyi

Deputy Director
Supreme Court,
Yangon Myanmar

Mr. Azhar Rashid Khan

Assistant Inspector
General /Ops CPO Quetta
Balochistan,
Pakistan

Mr. Jovian Serui Adelbai

Police Officer
Division of Criminal Investigation andDrug Enforcement,
Palau

Mr. Kathwa Vananka Umpake

LawyerPublic Prosecutors Office,Department of the Attorney General,
Papua New Guinea

Mr. Alexis Nobuo Takahashi
CabreraPublic Prosecutor
Public Ministry,
Paraguay

Mr. Davide Jusa

Superintendent Deputy National
Coordinator
Zimbabwe Republic Police,
Zimbabwe

Japanese Participants
Mr. Junichi Ibuki

Senior Programme Supervisor
Fuchu Prison

Mr. Toru Maruyama

Judge
Osaka District Court

Mr. Hideki Murota

Deputy Chief of Security Division
Guard and Rescue Department,
9th Regional Coast Guard Headquarters,
Japan Coast Guard

Ms. Yuka Nakagawa

Public Prosecutor
Nagoya District Public Prosecutors
OfficeMr. Atsushi Nishikawa

Assistant Judge
Tokyo District Court

Mr. Katsuhiko Okumura

Public Prosecutor
Matsuyama District Public Prosecutors Office,Uwajima Branch

Mr. Norikazu Ozeki

Public Prosecutor
Osaka District Public Prosecutors Office

Mr. Genyuu Takeda

Probation Officer
Utsunomiya Probation Office25

ANNUAL REPORT FOR 2005

TENTH SPECIAL SEMINAR FOR SENIOR CRIMINAL JUSTICEOFFICIALS OF THE PEOPLE’S REPUBLIC OF CHINA
Mr. Jun-xing Yan

Deputy Director
Research Office,Ministry of Justice

Ms. Qian Wang

Director
Criminal Legislation Department,
Legislative Affairs Commission ofStanding Committee of NPC

Mr. Xiao-hua Wu

Director
Criminal Legislation Department,
Legislative Affairs Commission ofStanding Committee of NPC

Mr. Jian-ji Zhao

Chief staff
Research Office,Ministry of Justice

Ms. Yang Zhao

Programme Officer
International Division,
Department of Judicial Assistanceand Foreign Affairs,
Ministry of Justice

Ms. Chun-ying Zhuang

Deputy Division Director
Research Office,Ministry of Justice

Mr. You-shui Miao

Judge
Supreme Court of China

Ms. Chu-xiao Song

Judge
Supreme Court of China

Mr. Feng Cao

Supervisor/Senior Prosecutor
Prosecution Department for
Imprisonment and Reformatory,
Supreme People’s Procuratorate of China

Mr. Chang-zhi Zhou

Supervisor/Senior Prosecutor
Rail Transportation Prosecution
Department,
Supreme People’s Procuratorate of China

Mr. Da-min Wang

Deputy Section Chief
Public Security Ministry

Mr. Li-hua Zhou

Division Chief
Police Supervision Bureau,
Ministry of Public Security

26

APPENDIXFIRST SEMINAR ON CRIMINAL JUSTICE FOR CENTRAL ASIA
Mr. Askar Narimanovich Okapov

Deputy Head of the Department of
Investigation
Ministry of Internal Affairs,
Kazakhstan

Ms. Raushan Kasenovna Zhabakova

Deputy Head of the Department ofInternational Relations
General Prosecutor’s Office,Kazakhstan

Mr. Melis Asanbekovich Asanbekov

Senior Prosecutor of Department
General Prosecutor’s Office,Kyrgyzstan

Ms. Damira Uzgenovna Kaimova

Senior Prosecutor
General Prosecutor’s Office,Kyrgyzstan

Mr. Askat Sharshekovich Sydykov

ChairmanCourt of Sverdlovskiy District,
Bishkek City,
Kyrgyzstan

Mr. Kanybek Joldoshbekovich
Turdumambetov

Deputy Head
Department for Investigation of Serious
Crime Cases,
General Prosecutor’s Office,Kyrgyzstan

Ms. Dilbar Sohibovna Goibova

Chief Specialist
Juridical Section,
President’s Office,Tajikistan

Mr. Muhamadjon Khairulloevich
Khairulloev

Head
Department of Control of Legality of
Court Decisions,
Office of Public Prosecutors,
Tajikistan

Mr. Naim Mullaevich Mansurov

ChairmanCourt of Justice by the Name of Sino,
Dushanbe City,
Tajikistan

Mr. Koyunly Akoyliyev

Deputy Chairman
Court of Balkan Region,
Turkmenistan

Mr. Ataberdi Batyrovich
Annaguliyev

Chairman
Kopetdag District Court of Ashgabat,
Turkmenistan

27

ANNUAL REPORT FOR 2005

Mr. Tuvaknazar Sopiyev

Member of Criminal College
Supreme Court,
Turkmenistan

Mr. Fayzulla Abdullaevich
Abduazimov

Judge
Supreme Court,
Uzbekistan

Mr. Muradjan Kabilovich Karimov

Chief of Department
Ministry of Internal Affairs,
Uzbekistan

Mr. Murad Malikovich Khakimov

Head of the International Legal
Department
Ministry of Justice,
Uzbekistan

Mr. Bakhtier Tairovich Samukov

Senior Prosecutor of Department
General Prosecutor’s Office,Uzbekistan

28

APPENDIXTHE SECOND SPECIAL TRAINING COURSE ON STRENGTHENING
THE ANTI-CORRUPTION CAPACITY IN THAILAND
Mr. Chairat Khanittabutr

Senior Legal Officer
Policy and Planning Bureau

Mr. Thammanoon Ruengdit

Senior Legal Officer
Policy and Planning Bureau

Ms. Suphawan Pinyotanmakorn

Senior Prevention Officer
Policy and Planning Bureau

Ms. Piyanooch Aranyakananda

Junior IT Officer
Policy and Planning Bureau

Mr. Chaipat Raungtiravongsa

Senior Legal Officer
Corruption Prevention Bureau 1

Mr. Udomsak Dulyapraphan

Senior Legal Officer
Corruption Suppression Bureau 1

Mr. Monchai Vasuvat

Senior Legal Officer
Corruption Suppression Bureau 1

Mr. Surapong Vichayakitti

Senior Legal Officer
Corruption Suppression Bureau 2

Mr. Pee Chatganpi

Senior Legal Officer
Corruption Suppression Bureau 2

Ms. Songsiri Dechakaisaya

Senior Legal Officer
Legal Affairs Bureau

Mr. Chai Chinnasod

Senior Legal Officer
Legal Affairs Bureau

Mr. Wichean Augchaprasert

Senior Inspector (Auditor)
Assets Inspection Bureau 1

Mr. Pongaek Vijitgool

Senior Inspector (Auditor)
Assets Inspection Bureau 2

Ms. Mookda Kuptaapakul

Senior Inspector (Auditor)
Assets Inspection Bureau 3

Ms. Vallee Tepasit

Senior Inspector (Auditor)
Assets Inspection Bureau 5

Ms. Pol. Lt. Col. Wilasinee
Treematurakul

Senior Inspector (Auditor)
Assets Inspection Bureau 5

Ms. Sirirak Jumnakros Sawangdee

Senior Financial Officer
Finance Division

29

ANNUAL REPORT FOR 2005

Mr. Jumnian Moolsarn

Junior Personnel Officer
Personnel Division

Ms. Chongkonnee Kamonwisatkul

Junior Administrative Officer
Administrative Section

Ms. Sirinuch Siristonphan

Junior Inspector (Auditor)
Administrative Section

30

APPENDIXSIXTH TRAINING COURSE FOR KENYAN OFFICIALS ON
JUVENILE DELINQUENT TREATMENT SYSTEMS
Mr. Noah Mokaya Omambia
Sanganyi

Assistant Director of Children’s Services
Department of Children’s Services,
Ministry of Home Affairs

Mr. Eliud Festus Mutwiri

Provincial Children’s Officer
Central Province

Mr. Peterson Ndwiga

Manager
Kabete Rehabilitation School

Mr. Joseph Sila Mulinge

Manager/Children’s Officer
Kisumu Children’s Remand Home

Ms. Caroline Chepkemoi Towett

Manager
Nairobi Children’s Remand Home

Ms. Loise Mugure Gikuhi

District Children’s Officer
Embu District

Mr. Kenneth Mbito Mvurya

District Children’s Officer
Lamu District

Mrs. Bibiana Robayi Khamete
Andabwa

Volunteer Children’s Officer
Kakamega District

Mr. Johnstone Cheruiyot Koech

Senior Probation Officer
Probation Department,
Ministry of Home Affairs

Ms. Teresia Achieng Oloo

Probation Officer
Probation Department,
Ministry of Home Affairs

Mr. Angus Masoro Kimega

Superintendent in Charge
Shimo La Tewa Borstal Institution

Ms. Rhoda Akinyi Anyim

Officer in Charge
Kisumu Women Prison

Ms. Beatrice Nthiori ThuraniraChildren’s Court Magistrate
Mombasa Law Courts

Mr. Walter Ndolo Nyarima

Acting Principal Magistrate
Busia Law Courts

Mr. Joseph Kipsang Kiget

Senior Superintendent of Police/Officer
Commanding Police
Teso Police Division

Ms. Lilian Gloria Akoth Okembo

Chief Inspector/Officer in Charge
Traffic Department Instructor,
Kenya Police College

31

ANNUAL REPORT FOR 2005

Mr. Jue Wang

Director General
Department of the Guidance of theGrass-roots Work,
Ministry of Justice

Mr. Ming-de Wu

Deputy Director General
Department of the Guidance Lawyers’
and Notaries’ Work,
Ministry of Justice

Mr. Jia-yi Han

Secretary General
Criminal Trial Commission of All China
Lawyers’ Association

Mr. Yong Zhou

Division Director
Institute for Crime Prevention,
Ministry of Justice32

APPENDIXEIGHTH SPECIAL TRAINING COURSE ON CORRUPTION CONTROL
Ms. Irina Kharatyan

Specialist
Department of Legal Expertise Court ofCassation,
Armenia

Mr. Golam Shahriar Chowdhury

District Anti Corruption Officer(Investigator)
Anti Corruption Commission,
Bangladesh

Ms. Lerato Dube

Senior Anti Corruption Officer
Directorate on Corruption and Economic
Crime,
Botswana

Ms. Pen Somethea

Searching and Publishing Law Manager
Criminal and Commutation Affaires
Department,
Ministry of Justice,Cambodia

Ms. Aliti Kiji Choi

Senior Legal Officer
Director of Public Prosecution Office,Fiji

Mr. Arie Sudihar

Head of Section for Special Crime
District Prosecution Service ofManokwari,
Indonesia

Mr. Kadhem Salman Nuhar Altimimi

Investigator
Commission on Public Integrity,
Iraq

Mr. Acksonesinh Vixayalai

Assistant Judge
People’s Supreme Court,
Laos

Mr. Herinavalona Thierry Ravalomanda

Magistrate
Deputy Public Prosecutor,
Chaine Penale Anti Corruption,
Madagascar

Ms. Oyunchimeg Jamsran

Associate Prosecutor GeneralState General Prosecutor’s Office,Mongolia

Pol. Col. Ohn Myint

Deputy Commander
Criminal Investigation Department,
Myanmar Police Force,
Myanmar33

ANNUAL REPORT FOR 2005

Mr. Suresh Adhikari

Under Secretary
Commission for the Investigation of
Abuse of Authority,
Nepal

Mr. Hassan Muslim Sule

Prosecutor
Economic and Financial Crimes
Commission,
Nigeria

Mr. Samuel Precia Rodriguez

Police Superintendent
Internal Audit Office,Philippine National Police,
Philippines

Mr. Vincent Wagona

Acting Senior Principal State Attorney
Directorate of Public Prosecutions,UgandaMr. Daisuke Iwamura

Prosecutor
Morioka District Public Prosecutors
Office,Japan

Mr. Akira Maruta

Judge
Osaka District Court,
Japan

Mr. Takeshi Mochizuki

Prosecutor
Nagasaki District Public Prosecutors
Office,Sasebo Branch,
Japan

34

APPENDIX

DISTRIBUTION OF PARTICIPANTS BY
PROFESSIONAL BACKGROUNDS AND COUNTRIES(1st International Training Course/Seminar - 131st International Training Course/Seminar)
Professional
Background
Countries and Regions
Afghanistan
Bangladesh
BhutanBrunei
Myanmar
China
Hong Kong
India
Indonesia
Iran
Iraq
JordanCambodia
Oman
Korea
KyrgyzLaos
Malaysia
Maldives
Mongolia
Nepal
Pakistan
Palestine
Philippines
Saudi Arabia
Singapore
Sri Lanka
TaiwanTajikistan
ThailandTurkeyUnited Arab Emirates
Uzbekistan
Viet nam

Judicial and
Other
Administration
7
21

Judge

9
13

PublicProsecutors

PoliceOfficials

5

4
12
6

4
5
13
14
15
21
5
5

10
22
11
3

1

2

12
1
9
20
1
1
28
19
1
17
4
10
21
12

3

1
1
53

6
2
2

7
7
1

13
10

11
2

9

23

18
20
4

5
13
2

23
2
1

36
1

10

A S I A
Algeria
Botswana
Cameroon
Cote d'Ivoire
Egypt
Ethiopia
GambiaGhana
GuineaKenya
LesothoLiberia
Madagascar
Mauritius
MoroccoMozambique
NigeriaSouth Africa
Seychelles
Sudan
Swaziland
Tanzania
Tunisia
ZambiaUgandaZimbabwe

303

AFRICA

24

1
3

Correctional
Officials(Adult)

5

37
1

5

2

7

1

203
3

214
2

380

188

27
8
3

Probation
ParoleOfficers

FamilyCourt
Investigation
Officers

Child
WelfareOfficers

4

Social
WelfareOfficers

Training&
Research
Officers

5

Total

Others

2

2
1

2
10
11
51
25
8
5
4
7
3
6
1
10
44
1
2
31
36
1
34
6
12
20
2
1
16
2

5

Correctional
Officials(Juvenile)

24
7
14
6
5

3
1

9
1
3

1

3
2
6

8
1
6

5

2
2

21

4

3

34

8

3

8

1

9
3
10
19
1

3

2
1
11

3
1

10
11

9

11

4
1
1

1

17

1

3

5

1

1
7

1

3
3

1

3

1

2

3
1

5
1
1

6
1
1
1

8

5
1

1
1

4

1

47

41

25

3

1

1

1
3
1
3

66

4

4

3
1
2
3

1
6

38

4

1
1
1

1
3
1
2
5
2
12
1

1
7

7
2

2
1

1
1
1

1
1

4
1
5
2
3
13
2
7
1
6
5
7

14

87

1
1

2
4

1
3

4

1
1
17

1
1
5
3

1
1

1

1
1

2

2

1
20

0

10

0

0

1

9

4

25
62
6
6
9
39
66
97
119
41
28
4
12
4
102
2
32
128
5
3
86
81
4
128
15
73
110
21
1
164
8
1
1
30
1,513
5
4
4
3
11
4
2
8
3
39
3
1
1
1
6
3
12
7
4
19
2
20
1
7
7
9
186

35

ANNUAL REPORT FOR 2005

Professional
Background

Judicial and
Other
AdminCountries and Regions
istration
Australia
VanuatuFiji
Kiribati
Marshall Island
Micronesia
Nauru
New Zealand
Palau
Papua New Guinea
Solomon Islands
Tonga
Western Samoa
THE PACIFIC
Argentina
Barbados
BelizeBolivia
BrazilChile
Colombia
Costa Rica
EcuadorEl Salvador
GrenadaGuatemala
GuyanaHaiti
Honduras
Jamaica
MexicoNicaragua
PanamaParaguay
Peru

PublicProsecutors

Judge

NORTH & SOUTH AMERICA

Albania
Bulgaria
Estonia
Hungary
Macedonia
PolandLithuania
EUROPE
JAPAN
TOTAL

36

Correctional
Officials(Adult)Correctional
Officials(Juvenile)

1
6
1
1

1

9

1
10
3
2
1
25
2

1

4
1

1
3
2

15

1

Probation
ParoleOfficers

FamilyCourt
Investigation
Officers

Child
WelfareOfficers

Social
WelfareOfficers

1
3
21
4
1
1
1
1
15
2
6
2
57
2
1
1

Training&
Research
Officers

1
4

1

1

Others

Total

1

16

1

1

1
10

4

3
30

0

1
1
8

1

2
1

0

0

3

1

1

1

1
3

1

1
2
1
3
3

1
3
2
4
1

15
4
3

2
1
1

4
2
1

1

1
2

1
1
1

1

1
1
4

3
1

1
1

4

10

Saint Christopher and Nevis

Saint Lucia
Saint Vincent
Trinidad and Tobago
Venezuela
U.S.A.(Hawaii)

PoliceOfficials

2
1
4
1

2
9
2
1

1

1
1
1

1

2

1
2

1
1
24
1

1
1
20

20

10
65
1
1

1
7

2

1

1
1

0
89
334

0
78
118

0
186
271

0
61
66

2

1

3

9

0
38
44

0
2
54

0
48
102

0
68
109

1
1
1

3
110
489

0
158
401

1
252
516

1
1
4
95
688

3
3
54
1
5
2
1
2
2
47
6
14
5
145
6
2
2
2
22
7
11
14
6
5
1
2
1
1
5
4
1
1
5
11
24
2
2
2
2
13
1
155
2
1
1
1
1
1
1
8
1,185
3,192

PART TWORESOURCE MATERIAL SERIES
NO. 69Work Product of the 130th International Training Course“INTEGRATED STRATEGIES TO CONFRONT DOMESTIC VIOLENCEAND CHILD ABUSE”

UNAFEIVISITING EXPERTS’ PAPERS
THE IMPLEMENTATION OF PROGRAMMES FOR OFFENDERS OF
INTIMATE PARTNER VIOLENCE IN BRITISH COLUMBIA*
By Jane Katz1 and Harry Stefanakis 2

I. INTRODUCTION
Recent reports (World Health Organization, 1997; Garcia-Moreno, 2000) estimate that one of every three
women around the globe has experienced violence in an intimate relationship at some point in her life.
(Nayak, Byrne, Martin & Abraham, 2003).
It has been almost thirty years since domestic violence entered public and political awareness as apervasive social problem in Canada. Prior to 1970, violence against women in relationships was hidden andusually managed through medical interventions with the women. This frequently involved the prescriptionof tranquilizers and a return to the relationship (DeKeseredy & MacLeod, 1997). Domestic violence started
becoming a public issue through the efforts of a grassroots women’s movement that viewed violence against
women as abuse of power in a patriarchal society. These women’s groups set about building shelters andsupportive counselling for women who wanted to escape abusive relationships. Mental health issues for
women in abusive relationships began to be seen as normal reactions to abnormal events.
In addition to shelters for women, by the late 1970’s “batterer’s” programmes were beginning to emerge in
Canada. Originally programmes for men were created to meet the demands of women who wanted help for
their partners. A parallel process was occurring in the United States. Over the subsequent 25 years in Canada,
a combination of public awareness, an increasingly aggressive response by the criminal justice system,
coordinated community responses, and attention to intervention needs for both women victims and maleperpetrators has helped create a more sophisticated response to domestic violence. Our strategy for
responding to male offenders has involved changes to criminal justice policy and legislation, research into
* Editors note: This paper was presented at the 130th International Training Course by Harry Stefanakis in his role as avisiting expert; however, the paper was written with Jane Katz.
1 Jane Katz, M.A. is a Registered Clinical Counsellor in British Columbia. She has been involved in domestic violence work for
25 years. She has worked with child and adult victims as well as with both male and female adult offenders. Ms. Katz and herhusband, Dr. Zender Katz, developed and co-facilitated the Ministry of Attorney General funded Fraser Valley Family Violence
Programme from 1990-2003. This programme provided group treatment for men on probation for spousal violence as well as
support groups for the women partners. Ms. Katz also developed and delivered the Family Relationships programme for the
Correctional Services of Canada and was involved in development of CSC’s national family violence programmes. Ms. Katz has
developed and delivered programmes for adolescents and for incarcerated women who have used violence in relationships.
She has provided training and supervision for programmes in B.C. and Nova Scotia, and more recently in Japan for a
programme funded through the Bureau of Gender Equity. Ms. Katz has been very involved in community coordination
initiatives and is a founding member of the Ending Relationship Abuse Society of B.C. (current vice-president). Currently Ms.
Katz is a consultant for the Ministry of Public Safety and Attorney General in programme development for male and female
offenders, a trainer for B.C. Corrections and the Justice Institute of B.C., a therapist in private practice and an associate faculty
member in the department of Organizational Leadership and Learning at Royal Roads University.
2 Dr. Harry Stefanakis is a registered psychologist. He has over 12 years experience working with men who have assaulted
their partner and has completed a research project on how men stop using violence and abuse. Dr. Stefanakis has intervened
with men in prison, court-ordered men on probation and with voluntary men using individual and group modalities. He has
designed several community and institutional programmes and has provided training and supervision on domestic abuse. Dr.
Stefanakis has presented his research and theories at national and international conferences. In addition, Dr. Stefanakis has
worked as an advocate for larger social and policy changes through his work with the Ending Relationship Abuse Society of BC(current president) and the BC Community Coordination for Women’s Safety Committee. Dr. Stefanakis was a consultant to
the Ministry of the Attorney General in their Family Violence core programmes initiative. He currently runs a clinical andconsulting practice in Vancouver, B.C.

39

RESOURCE MATERIAL SERIES No.69

understanding men’s violence against their intimate partners and identifying whether or not there is a “profile”
of the man who assaults his partner, all is an effort to provide effective treatment programmes for offenders. We
still have much work to do, but our path to date, with all the pitfalls and successes, may provide helpful
information for other Nations who are looking for ways to stop violence against women in relationships.

II. THE PREVALENCE AND SEVERITY OF DOMESTIC ABUSE
Domestic violence is a pervasive social problem causing significant physical, psychological and economic
impact in Canadian society. Many sources of statistics are available that demonstrate the prevalence, and a
few are cited here.

A. Incidence in Canada
The Canadian Centre for Justice Statistics (2004) cited the following information taken from a
representative sample of 94 police departments in Canada:• In 2002 27% of all victims of violent crimes were victims of family violence, and 62% of these cases
involved spousal violence (population 31,361,311). Over 34,000 cases were reported in this sample(this represents 56% of the national volume).
• Females accounted for 85% of all victims of spousal violence reported to the police.
• Young females aged 25-34 were most likely to be victims.
• 80% of incidents resulted in a charge being laid by police; 82% of incidents involving female victims
and 17% of incidents involving male victims.
• In 2002 there were 67 females and 16 males killed by an intimate partner (based on reports from theentire country, not a representative sample.) Over half of the homicide victims had a reported historyof domestic violence, and the majority (58%) had a previous conviction for a violent offence.
B. Incidence in British Columbia
According to the report Violent Crime in British Columbia (Ministry of Public Safety and Attorney
General, 2004), the following are statistics for 2003 (population 4,130,759):• The lifetime prevalence rates for spousal abuse are 25% in Canada and 32% in BC.
• Fourteen victims of homicide were killed by a spouse or ex-spouse.
• There were 9,186 incidents of spousal assault reported in British Columbia. 81% of offenders weremale, 11% were female. The remainder involved cases where both were charged.
• More than two thirds of those charged have a prior criminal record, and half of those are for aprevious violent offence.
• Over 40% were alcohol related.
III. FACTORS AFFECTING INCIDENCE OF ABUSE
The following are taken from The Canadian Centre for Justice Statistics (2004):• Rates of violence were higher when the spouse was looking for work.
• Rates were higher among those who are heavy drinkers.
• Spouses in step-families are more likely to experience violence.
• Spouses with children under the age of 15 living in the home are more likely to experience violence.
• 80% of victims of criminal harassment had some form of relationship with their stalkers. Females
were most likely to be harassed by a partner.
• Rates of spousal homicide have continued to decline over the past three decades; however data
continue to indicate women are more at risk than men. (Eight women per million couples as opposed
to two men per million couples.) The risk is higher for younger and common law couples.
• In 2002 there were 67 females and 16 males killed by an intimate partner (based on reports from theentire country, not a representative sample.)• Over half of the homicide victims had a reported history of domestic violence, and the majority(58%) had a previous conviction for a violent offence.
• The motivations for spousal homicide vary, but reportedly since 1993 44% resulted from theescalation of an argument, jealousy accounted for 22%, frustration, anger or despair was cited as
16%, revenge 3% and financial gain 3%.
• Between 1993 and 2002, murder-suicides were involved in one third of spousal homicides against
women and 3% of spousal homicides against men.
• From 1997 to 2001 35% of convicted violent offenders were spouses. 19% of these convictions
resulted in prison sentences. 72% resulted in probation. Those under the age of 25 and those
estranged from their spouses were more likely to receive jail sentences.

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Sexual assault against a spouse is more likely to result in a conditional sentence than sexual assault
against someone other than a spouse.

In general the rate of reporting has increased since 1993 as a result of policies, however, in 1993 12% of
women in relationships reported violence and in 2000 this had declined to 8% of women.
The number of reported assaults is staggering and reflects only a portion of what is actually occurring. It
is even more alarming to consider what this represents with respect to other forms of abusive behaviour inrelationships. We know that prior to and concurrent with incidents of domestic violence there are manyother forms of controlling and abusive behaviour (verbal and psychological) occurring that cause tremendous
emotional damage to individuals in families. Studies have indicated that while not all men who are abusive as
adults have experienced or witnessed physical violence as children, almost all report experiencing emotional
abuse and/or neglect (Widom, 1989). The consequences of abuse are far reaching and must be addressed at
the non-physical level in order to avoid escalation to physical violence.

IV. THE IMPACT OF VIOLENCE IN RELATIONSHIPS
Many studies have reported on the social impact of domestic violence. The Centre for Research onViolence Against Women and Children estimated annual costs of domestic violence in Canada to be at least$4.2 billion in 1995. These costs take into account findings that 45% of all women who had experienced
violence had suffered an injury, 43% of those injured required medical attention and 53% had taken time offwork. (Statistics Canada, 1993). In 2000 there were 96,359 admissions to 448 women’s shelters in Canada(57,182 women and 39,177 children). More than 71% of these shelters turned women away on one or more
occasion.
One of the most significant impacts of domestic violence involves children. Many studies have identified
the high co-occurrence of domestic violence against women and abuse of children in the home. In 28% ofchild homicides there was also a known history of domestic violence (Statistics Canada, 1999). In addition,
the impact on children who witness violence is profound. It is estimated that children see or hear over 80%of the violence between their parents. Many studies have suggested children have the same reactions towitnessing violence as children who are the victims of direct violence (Suderman and Jaffe, 1997; Groves,
2002; Jaffe, P. Baker, L. & Cunningham, 2004). These studies report the following: reduced academic
success, aggressiveness, non-compliance, irritability, being easily angered, anxiety, depression, withdrawal,
low self esteem and an increase in somatic complaints. Suderman and Jaffe (1997) also found that 56% ofchildren of women in shelters met the criteria for PTSD. In addition, they reported “subtle” symptoms inchildren, such as inappropriate attitudes regarding conflict and violence against women, condoning
relationship violence, and hypersensitivity about problems at home, and self-blame. These symptoms are
more likely to lead to victimization and/or aggression in relationships as an adult, as well as othersocialization problems. Robinson and Taylor (1994) found that 50% of federal Canadian offenders had
witnessed or been victims of abuse in their families of origin.

V. REDUCTION IN VIOLENCE
Five year prevalence rates suggest a decrease in intimate partner violence in Canada (Statistics Canada,
2002).3 The following reductions were reported:• Severe types of assault (beating, choking, sexual assault) dropped from 50% to 43% of all victims.
• Proportion of victims reporting injury dropped from 47% to 40%.
• Proportion of victims reporting injury requiring medical attention dropped from 21% to 15%.
• Fewer women experiencing chronic (10 or more) assaults.
• The rate of spousal homicide decreased by 26% between 1993-1999.

VI. WOMEN’S USE OF VIOLENCE IN RELATIONSHIPS
Police reports suggest that male on female spousal assault is much more prevalent than female on male.
Some research studies have suggested that women’s use of violence in relationships can be as prevalent as
men’s (Kwong, Bartholemew & Dutton, 1999; Statistics Canada General Social Survey, 2000). These
3 It is important to note that the same study showed the number of women who are afraid has gone up 3%.

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findings have been criticized because the survey questions did not explore the emotional context in which
the violence occurred. In addition, the surveys did not explore sexual abuse in the relationship, othercontrolling behaviours or power imbalances. Furthermore, there is much evidence to suggest the severity ofviolence and the resulting emotional and physical injury is much greater for women (Jiwani, 2000; Dasgupta,
2001; DeKeseredy & Martin, 2003). Critics of the view that abuse is equal between men and women refer toevidence that women are more likely to experience injury, to require medical attention, to be victims of
multiple assaults in the same relationship, to be assaulted after separation and to be victims of domestic
homicide (Report to the Federal-Provincial-Territorial Ministers Responsible for the Status of Women,
2002).
In programmes in B.C. for men who have assaulted their wives or girlfriends it is common to ask theparticipants if they have also been physically assaulted by their partners (Katz, 2002). At least 70% will say
they have been. This is then followed by these questions:• Were you injured?
• Did you require medical attention?
• Were you afraid for your life?
While occasionally there are men who say they were injured or afraid for their lives, the majority said
they were not injured or afraid. Most state the emotion they experienced was frustration or anger.
It is often suggested that embarrassment prevents men from calling the police. This may be acontributing factor, however it is also likely most men don’t call police because they are not afraid of injury.
The emotional context of a violent argument is different for men and women. If a woman starts the physicalconflict by hitting her partner she may be angry at the time (or afraid.) If the man responds with physicalviolence it doesn’t take long before the woman’s anger will turn to fear (or existing fear will escalate) while
his anger likely escalates, and of course people are more likely to call the police when they are afraid. One
finding suggested that 38% of women feared for their lives compared to 6% of men (Report to the FederalProvincial-Territorial Ministers Responsible for the Status of Women, 2002).
Of course women can be violent and cause injury. In B.C. police are becoming increasingly responsive towomen’s use of violence in relationships and increasingly women are being charged. Men are still more
likely to be charged for less severe incidents of violence which may reflect a tendency for men not to call thepolice unless the violence perpetrated by the women is severe. Programmes for women who use violence
are currently only funded in institutional settings and are not available in the community.4

VII. THE DEVELOPMENT OF POLICY AND PROCEDURESFOR RESPONDING TO DOMESTIC VIOLENCEIn Canada, prior to 1983 domestic violence was considered to be primarily a social issue as opposed to acriminal justice issue; charges and convictions were rare, other than in the most extreme cases of violence
or in the case of homicide. In fact, it was not until a report on the prevalence, nature and social/economic
impact of violence against women in relationships was presented to the House of Commons in 1982 that itwas even considered to be a severe social issue. As a result of this report, in 1983 Solicitor General Robert
Kaplan directed police chiefs across Canada to engage in more aggressive arrest and charge policies for
those who engaged in violence in intimate relationships. This resulted in intimate partner assault becoming
recognized in Canada as a serious criminal act, and increased awareness of the pervasiveness of domestic
violence.
In British Columbia, the Ministry of Attorney General responded to the federal directive by creating the1984 Wife Assault Policy. This policy emphasized arrest whenever sufficient evidence was found. A
significant factor in this policy removed the responsibility from the victim to lay the charges against her
partner. Unfortunately, legislation does not change attitudes, and it took some time for attitudes andbehaviours of arresting officers to change and for police to respond with the laying of criminal charges as
4 One of the authors of this paper (Jane Katz) has developed programmes for incarcerated women who use violence inrelationships. In addition, both authors have delivered community programmes for partners of men who use violence, andmany of those women acknowledge having used some form of physical violence and many forms of emotional/verbal abuse in
the relationship, either offensively or defensively. A focus on safety and responsibility is important for both men and women.
When either a man or a woman uses violence in a relationship s/he is not only impacting others’ safety, but also her/his own.

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required. Over time the police and prosecution response became more aligned with the “zero tolerance”
approach outlined by the Ministry of Attorney General. Multiple revisions were required to create aneffective coordinated response, culminating in the 1996 Violence Against Women in Relationships (VAWIR)
Policy which is currently in effect.
The 1996 VAWIR Policy was founded on the principle that society must be given a clear message that
violence in relationships is unacceptable. In addition, to be effective coordination of services is essential. To
this end the following are cited in the policy as being absolutely necessary for an effective coordinatedresponse:••••

victim protection, safety and support through swift police response, shelters, education andadvocacy, no contact orders;involvement with the court system through strong pro-arrest policies, clear guidelines andprocedures for investigation and prosecution to increase convictions, enforcement of protection
orders, probation guidelines, interagency flow of information;legal sanctions with increasingly harsh penalties for repeat offenders;mandatory treatment programmes for offenders, in keeping with Canada’s criminal justice system
philosophy regarding the rehabilitation of offenders.

Since domestic violence is a criminal justice issue in Canada, it is helpful to look briefly at Canada’s
history of responding to criminal behaviour, particularly with respect to treatment. A watershed moment in
Canadian Corrections occurred in 1938 when the Archambault Commission first postulated that treatment
and rehabilitation of offenders (as opposed to just punishment) were objectives of the criminal justicesystem. This was influenced by humanitarian prison reform movements in the United Kingdom; there werealso parallel processes occurring in the United States in the 1930’s (Giardini, 1942). A corollary of thisincreased focus on treatment was the recognition of the differing needs of offenders, leading to the hiring ofclassification officers post WWII. In the mid 1950’s the Correctional Services of Canada began to employ
psychologists and those with psychological training for testing, counselling and psychotherapy.
In the early 1970’s a “nothing works” backlash from US prison reformers resulted in a decline in funding
for treatment programmes in many jurisdictions in the United States (Watkins, 1992). Although this had an
impact in Canada as well, Canada chose to persevere with the philosophy that treatment is required forrehabilitation. Two processes unfolded to help deal with the backlash: 1) a growing focus on ‘evidence-based’
treatment driven by research, evaluation and accountability and 2) an increased use of clinical and appliedsocial psychologists (either under contract or on staff) as practitioners, consultants and researchers in risk
assessment, programme development and programme delivery. The Correctional Services of Canada hasdeveloped a full slate of accredited programmes for offenders aimed at addressing all levels of risk and all
criminal needs, including domestic violence.
Canada has two correctional systems - provincial and federal. Any offender who is sentenced to over two
years of incarceration becomes the responsibility of the Correctional Services of Canada (CSC), whichmeans the vast majority of offenders in the country fall under the jurisdiction of provincial correctional
systems. As with all provincial systems, the Corrections Branch of British Columbia is expected to alignitself with federal policy, and as such was impacted by the initiatives of the federal system toward
rehabilitation. In 1946 the British Columbia Gaol Commission created the foundation for the development ofprocedures for offender management aimed at rehabilitation, including correctional programmes (Doherty &Ekstedt, 1992). As with CSC, the involvement of clinical, forensic and applied social psychologists in thedevelopment of evidence based programmes and risk assessment tools has been a significant focus ofoffender management and rehabilitation in B.C. Programmes in the past twenty years.
The majority of spousal assault convictions, then and now, do not result in federal sentences unless theassault results in significant injury or death. However, Robinson and Taylor (1994) conducted a file review offederal offenders and found that independent of the crime for which they were convicted, 25% had engagedin acts of violence towards a female partner (physical, sexual or psychological assault). This paralleled anearlier study by Dutton and Hart (1992). It is important to point out these reviews only identified those
offenders with reported incidents of violence. In keeping with evidence that all domestic violence isunderreported, it is estimated the actual incidence of domestic violence as defined by physical, sexual or

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psychological abuse is much higher in federal offenders than this file review suggests. In addition, bothstudies found that file information suggested almost half of federal offenders had been victimized or had
witnessed some form of family violence as children. This is certainly a higher proportion than what is seenin the community, and again reflects only what is on the file. Finally, consistent with the general family
violence literature, both studies found that offenders who witnessed or experienced abuse as children were
far more likely to be abusive in their adult relationships. These studies clearly indicate that a focus ondomestic violence programming is important for male federal offenders. (It is also important for female
offenders as the rate of childhood abuse in women offenders has been shown to be equally high, if nothigher.)VIII. DEVELOPMENT OF MANDATED PROGRAMMESIN THE CORRECTIONAL SERVICES OF CANADAIn the early 1990’s CSC developed a ten session educational programme called “Living Without
Violence” which was delivered by trained correctional officers. In various parts of the country psychoeducational cognitive-behavioural, pro-feminist (i.e. viewing violence against women as grounded in a power
imbalance between men and women) treatment programmes were offered by contracted therapists.5 In thelate 1990’s CSC pulled together some of these therapists, along with researchers and other experts in thefield, to consult on the development of accredited National Moderate and High Intensity Family Violence
programmes for male offenders (MIFVP and HIFVP).
The MIFVP and the HIFVP are cognitive-behavioural and 26 and 72 sessions respectively were
implemented in 2000 in federal institutions across Canada. Admission to the programmes is based on the
Spousal Assault Risk Assessment (SARA), identified incidents of physical violence and an offender
risk/needs assessment. Until April of 2005 the CSC Pacific Region in British Columbia also offered a
programme called Family Relationships as an alternative to the Moderate Intensity programme. It had agreater focus on meeting the relationship skills needs of all offenders, not just those who with reported
incidents of violence, and was more preventive in nature. Unfortunately, a focus on accreditation andworking only with reported criminal behaviour has put this programme on hold at this time. This
programme, however, had the highest completion rate of any programme in the Correctional Service ofCanada and speaks strongly to the need for male offenders to learn more about developing healthy, nonviolent relationship skills. Findings that suggest there is a high incidence of domestic violence and abuse in
offender intimate relationships, and that stable relationships are a significant factor in preventing recidivism,
suggests there is a need to address relationship violence pro-actively, not just when incidents have beenreported.

IX. DEVELOPMENT OF MANDATED PROGRAMMESIN BRITISH COLUMBIA CORRECTIONSThe sentences for spousal assault are usually under two years, which means most spousal assault
offenders end up supervised in the community by probation officers. After the implementation of the Wife
Assault Policy in 1984 the police became more efficient in arrest and charge policies, women were no longer
able to drop charges and as a result the incidence of conviction increased. This led to an increased number ofmen on probation for spousal violence. In the province of B.C. these men have been designated as K-fileoffenders, and currently K-files account for approximately 22% of sentenced offenders supervised throughprobation.6 Over 80% of these clients are considered to be medium or high risk.
By 1989 the B.C. Ministry of Attorney General had provided funding for three programmes for male Kfile offenders on probation. These were delivered by The Victoria Family Violence Project, The Vancouver
Assaultive Men’s Programme and the Fraser Valley Family Violence Programme.7 In 1992, based on the

5 Ms. Katz developed and delivered this programme in the Pacific Region for CSC from 1992-2005. It was called the Family

Relationships Programme.
6 This does not include probation clients who are on conditional sentences, peace bonds or bail.
7 Ms. Katz was the Director of the Fraser Valley Family Violence Programme from 1990-2003. Research on this programme’s

effectiveness is included in the study by Kropp & Bodnarchuk, 2001.

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ever increasing numbers of K-files, funding for spousal assault programmes was made available through the
Ministry of Attorney General to over 50 communities in the province.8 Most of these programmes wererequired to include therapist contact with the victims to ensure safety and to become involved in community
coordinating committees to help implement and monitor the VAWIR policies. Some programmes had
additional funding to provide support groups and/or counselling for the women victims.
In order to make it more likely offenders would comply with mandated orders, significant work was done
to ensure the wording of court orders was such that expectations to attend programmes were clear; e.g. Will
attend counselling as directed by the probation officer, and complete to the satisfaction of the probation
officer and the counsellor. Offenders who did not comply were considered to be in breach of their court
order, taken back to court and additional sanctions were levied. While there were significant challenges inthe early years resulting in relatively low completion rates in some of these programmes, it ultimately began
to work well. By 1995 there was a significant turn around in completion rates and many of the programmes
were running successfully.
Consistency in the delivery of these programmes was primarily guided by a set of principles developedby the BC Association of Counsellors of Abusive Men (ACAM). This association was founded in 1989 by agroup of therapists interested in promoting the development and implementation of high quality
interventions for men. A collaborative process between ACAM, representatives of provincial government
ministries (Attorney General, Health, Social Services, Women’s Equality), and community agencies
providing services to women victims of domestic violence resulted in a set of guiding principles for engaging
in responsible and effective work with the men. These principles were based on what was considered bestpractices at the time. They became embedded in programme contracts and provided some consistency forthe delivery of the programmes in the province, although programmes were not otherwise standardized.
The guiding principles developed by ACAM have been adopted by many programmes in Canada. The
direct goals of treatment as defined by ACAM are: to stop the physical violence, reduce the whole array ofabusive and controlling behaviours and provide men with alternatives to abuse which encourage sharing
power and decision making in a respectful relationship. The full document containing 31 principles can befound on the ACAM website (www.bcacam.bc.ca).9 They include:
•
•
•
•
•
•
•
•
•

•
•
•

The safety of women and children is paramount.
Access to women’s safety services and supportive counselling for partners is a prerequisite to theeffective implementation of men’s treatment.
Great care should be taken to be conservative in communicating expectations for change in men’s
behaviour so as not to bias women’s self-protective decision-making.
Ongoing contact with women partners is important for assessment purposes and assurance of her
safety. Contact should be based on her willingness to participate.
A coordinated system of services for women and men ensures a consistency in consequences andresponse.
Cooperation among men’s treatment programmes, probation, Crown counsel and the judiciary isnecessary to allow breach charges to succeed, thereby increasing accountability.
An approach to each individual man that demonstrates respect and compassion, while holding him
accountable, is fundamental to the process of change.
A treatment philosophy focusing on attitude change and skill development is considered mosteffective. A cognitive-behavioural approach is recommended.
Programmes should include strategies to reduce minimization, denial and blame, while raisingawareness of the nature of all forms of abuse, the impact of abuse and teaching skills aimed atmanaging difficult emotions without abusive behaviour. Use of anger management alone is notconsidered effective treatment.
Group counselling is the preferred treatment modality.
Men’s groups should be led by a two-person team, preferably male/female.
Couples counselling is not recommended in early stages of treatment.

8 Dr. Stefanakis facilitated programmes for the Vancouver Assaultive Men’s Programme and developed and ran the
Alternatives to Violence Programme at New Haven Correctional Centre between 1996 and 2001.
9 ACAM has recently changed its name to the Ending Relationship Abuse Society of B.C. Currently ERA is revising theguiding principles.

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•
•
•
•

Careful assessment and evaluation techniques are necessary to maintain the effectiveness of the
programme.
Programmes should not advocate for men in legal proceedings.
Programmes must have a clear policy around responding immediately to situations that suggest
someone is at risk
Alcohol, while often involved, does not cause violence, however might be a barrier to treatment if
not addressed.

ACAM invited all counsellors in B.C. working in the field who agreed with the guiding principles to join
the organization. While not mandatory, most of the people delivering programmes in the province became
involved in the 1990’s. An important purpose of ACAM was to provide opportunities for networking andeducation in a new field; this was done primarily through an annual conference.
In the late 1990’s the Ministry of Attorney General felt pressure to develop greater standardization ofprogramme delivery across the province. In 1997 the Corrections Branch embarked on a new model fortreatment delivery. Between 1999 and 2002, B.C. Corrections consulted with experts in the field including
the authors of this paper, other members of ACAM, researchers from Correctional Services of Canada andvictim services in the development of a two phase treatment programme for men. The first phase is a ten
session pre-treatment educational group programme called Respectful Relationships (RR) that is deliveredby trained Correctional and Probation officers. This programme is delivered both in the provincial jails and in
the community. The second phase is a standardized 17 session psycho-educational, cognitive-behaviouralgroup programme called the Relationship Violence Treatment Programme (RVTP) which is delivered bycontracted therapists. This programme is primarily offered in the community since provincial jail sentences
tend not to be long enough to complete both RR and RVT. This restructuring of programme delivery wasdone in the service of achieving greater accountability and more accurate evaluation.
It is early days yet for these two programmes. Both have undergone revisions as the Corrections Branchappears to be committed to finding a process that is effective.10 A benefit of the RR programme is that allcommunity and many custody corrections staff are being trained to deliver it and therefore are learning tomodel skills and respond to clients both one-on-one and in groups in ways that promote non-violent
relationships. The RVTP programme is currently being managed by one contractor who is required to find,train and supervise over 60 counsellors delivering programmes throughout the province. As a result,availability of programmes and coordination of services have suffered somewhat in the early stages of thisnew initiative. In addition, there is now limited funding for voluntary clients as programmes are being
strictly held to a “corrections clients only” policy. There is also a concern that standardization ofprogrammes in such a new field will limit innovative efforts to meet the varied treatment needs of all
offenders and improve treatment outcomes. The very positive note in this, however, is that B.C. continues
to see domestic violence as a criminal justice issue and is committed to finding solutions.
Currently in B.C. the criminal justice response to violence against women in relationships continues tofollow the 1996 VAWIR policy. This includes the following procedures:• Police are required to respond quickly and arrest and charge if there is any sign of violence.
• Charges are not laid or dropped at the request of the victim.
• No-contact orders are put in place and not dropped solely at the request of the victim, but rather
through recommendation by the probation officer.
• Violations of no-contact orders can lead to a breach of probation charge.
• Victim services and probation officers contact the women and make appropriate referrals to sheltersand counselling services.
• Men are court-mandated to attend programmes and are breached for non-compliance.
Four of the possible outcomes of sentencing include:• Jail sentence and condition to attend counselling as directed.
• Jail sentence, probation and condition to attend counselling as directed.
• Peace-bond and requirement to attend counselling as directed.
• Conditional sentence and requirement to attend counselling as directed.
10 Ms. Katz provides training for facilitators of both RR and RVT, is the author of the current version of RR and significant

portions of the revised RVT.

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The last two sentencing outcomes do not result in a criminal record if the offender meets the conditionsof his sentence. If alcohol was involved in the charge there is also often a requirement to abstain fromdrinking.
The challenge for domestic violence, as with many criminal behaviours, is that without prompting
through the criminal justice system it is unlikely offenders will seek out intervention on their own volition.
The Criminal Code of Canada has made provision for court mandated treatment through the following
sections:• Section 732.1 (1) Optional Conditions of probation order: (3) (g) if the offender agrees, and subject tothe programme director’s acceptance of the offender, participate actively in a treatment programmeapproved by the province.
• Section 742.1 (a) Where the court imposes a sentence of imprisonment of less than two years, and(b) is satisfied that serving the sentence in the community would not endanger the safety of thecommunity . . . . the court may, for the purpose of supervising the offender’s behaviour in thecommunity, order that the offender serve the sentence in the community subject to the offender’scomplying with the conditions.
• 742.3 (1) The court shall prescribe, as conditions of a conditional sentence order, that the offender doall of the following: (e) attend a treatment programme approved by the province, and (f) comply withsuch other reasonable conditions as the court considers desirable, subject to any regulations . . .
While the first section clearly states that the offender must agree, the following sections encourage
compliance with conditions that include counselling. In the federal correctional system an inmate is awarded
early release or parole based on the risk he poses to society. Offenders are considered to be more likely tobe able to manage their risk if they have completed a treatment programme. In the provincial system
programmes are often a condition of probation.
Mandating of programmes has frequently led to questions about programme effectiveness. This of course
has led to the importance of developing programmes that engage offenders in learning and change, and thiswill be discussed later in this paper. There are limited studies examining the differences between voluntaryand court-mandated referrals; however, there is some evidence to suggest voluntary convicted offenders areless likely to complete treatment, or be successful with treatment. Certainly in the many years ofprogramme delivery conducted by the authors of this paper this has been confirmed. With respect todomestic violence, it is frequently the case that even those who are “voluntary” are externally motivated toseek out treatment because their partner has left and refuses to come home, their children have been
apprehended or they are seeking custody. If these external factors are resolved early in the programme it is
not unusual for voluntary clients to drop out. A court mandate is more likely to result in completion oftreatment.

X. PRO-ARREST AND PRO-CHARGE
The pro-arrest, pro-charge guidelines that are part of the VAWIR policy in B.C. reflect a desire toemphasize the criminality of violence against women in intimate relationships. The literature about the
impact of arrest alone on recidivism has provided mixed findings. Studies seem to suggest it has an impactthat is short-lived and most significant with men who are married or employed and have “something to lose”(Sherman & Berk, 1984; Berk, Campbell, Klap & Western, 1992; Gelles, 1993). Studies do suggest,
however, that pro-arrest, pro-charge policies have a significant impact on the safety of women because they
promote the following: immediate protection, time to consider options, access to support services,
information about abuse and time to make alternative living arrangements (Buel, 1988; Jaffe, Hastings,
Reitzel and Austin,1993; Stark, 1996; Tolman, 1996; Varco, Jaffer & Kelln, 2002). Russell (2002) researchedcriminal justice responses in B.C. and found that arrest is the most effective strategy for ensuring safety ofvictims and decreasing the rate of abuse. These policies give a strong message to society about theseriousness and inappropriateness of the behaviour.
In Canada, police make the arrest and the Crown Counsel (prosecution) lays the charges. Pro-arrest, procharge policies have been shown to improve police and crown practice by minimizing the impact of individualbias. A review of the literature conducted by the B.C. Institute Against Family Violence (MacRae, 2003)
cited many research findings that supported the use of a standardized response for the following reasons:• The personal domestic situation of police officers made them more or less likely to arrest.

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•
•
•
•

•
•

Opinions of fellow officers influenced arrest.
If police believed victims were uncooperative they were less likely to arrest. (Research suggests thatmost victims will cooperate with appropriate support.)
Inadequate or inaccurate information in police reports led to failure of prosecution.
Severity of injury, weapon use, property damage, violation of court orders and/or involvement of
alcohol made it more likely arrest would occur and charges would proceed. In the absence of these
obvious factors, police are less likely to arrest, putting the victim at risk by suggesting “call us when
it gets worse”.
Presence of witnesses impacted arrest and charge.
Prosecutors were less likely to charge, and police are less likely to arrest, when the victim’s
attributes lead to questions about her victimization.

Hanna (1996) found these policies have been responsible for a reduction in homicides, and suggests they
have created huge societal gains with respect to changing attitudes and behaviours.
These policies have not existed without criticism. These are typically based on the following factors:• Women feel disempowered by the process and feel their wishes are not being considered. Many
women don’t want a lengthy no contact order or for their partner to have a criminal record (which
could impact employment and travel outside the country). They simply want the abuse to stop.
• The policy has led to more cases coming in to the system than were ever expected (which reflects
the pervasiveness of the behaviour), and there is often not enough time or resources to do it
properly.
• Women (as well as offenders) sometimes complain the information gathered by police is limited andinaccurate in order to facilitate convictions. Victim (and offender) statements, although they may besimilar to one another and different from the police statement, are not seen to have more credibility
than the police statement.
• Overzealous compliance with the policy has resulted in some men being charged and convicted when
they were actually victims of assault themselves and were seeking help.
• Family problems are often multi-levelled. There is no room in the system to treat people asindividuals with varying needs; no room for discretion.
• Rigid policies result in some women not using the system.
These challenges speak to the need to have a coordinated response that takes into account the needs ofboth victim and offender.

XI. A COORDINATED RESPONSE
In a drive to ensure domestic violence is viewed as a criminal justice issue it is important to not lose
sight of the fact that it is also a social issue that involves individuals and families who care about each otherand who may have multiple needs. There have been many studies that demonstrate a coordinated response
which includes arrest, support for the victim and mandated treatment for the offender is more effective thanarrest alone (Pence, 1989; Steinman, 1990; Dutton & McGregor, 1991; Syers & Edleson, 1992). A study by
Steinman (1990) found that police interventions that were not coordinated with other criminal justicesanctions actually led to increased violence. Dobash, Dobash, Cavanagh & Lewis (2000) have reported
evaluation research that suggests arrest and treatment is more effective in reducing men’s physical andemotional abuse than criminal justice sanctions alone. This result is consistent with the general criminology
literature that has pointed out the important role of well developed and implemented programmes on
reducing criminal recidivism when compared to punitive measures alone (McGuire, 1995).
Effective responses depend on a philosophy that domestic violence is both a crime and a social issue.
Comprehensive programmes that engage in a coordinated treatment-criminal justice-victim advocacy
response have a greater impact at reducing recidivism (Gondolf, 1999; Dobash et al., 2000). MacRae (2003)
writes,The literature indicates that while arrest alone may have some positive consequences on the incidence ofrelationship violence, the best results occur when arrest is part of a multi-level, multi-faceted,coordinated criminal justice response in which prosecution is a key component (Russell, 2002;
Wooldredge & Thistlewaite, 2002: Gelles, 1993).

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XII. PROTECTION ORDERS
Emergency intervention is available 24 hours a day through a Justice of the Peace and allows police torestrain communication or contact, remove the abuser from the home and give the victim exclusive
occupation of the home. As soon as the respondent is served this order it must be ratified by the Court of
the Queens Bench.
In B.C. protection or no-contact orders are routinely implemented in cases of domestic violence. Whilesome studies show there is a positive benefit, there is also research that suggests they have little impact on
extremely high risk offenders (Finn, 1991). The effectiveness of protection orders seems to be entirely
related to how they are enforced by the police.
It is not uncommon for victims to willingly violate no-contact orders for a variety of reasons: a desire toallow contact with children, strained finances, the problem of avoiding contact when living in a small
community, wanting to include the spouse in family events. In addition, sometimes as stated above the nocontact order goes beyond the time frame that is helpful for the woman and her wishes to have it removed
are not considered. If a victim willingly violates a no-contact order the police are less likely to act on it if she
requests help. Education for police is critical in this case. A system that understands the difficult dynamics ofrelationships and responds appropriately to any or all incidents of threat or fear is required. An effective
response would include a standing no-contact order that indicates to the police the man can be dangerous,
and that could be invoked during times of threat.

XIII. DIVERSION
In some communities in the United States and Canada diversion has been used to respond to domestic
violence. Diversion means the offender stays out of the court process (i.e., is not officially charged) and isgiven the opportunity to either attend counselling and/or keep the peace. There have been criticisms thatdiversion is more likely to be used with those who are better educated and middle to upper-middle class,that it sends the wrong message about the criminal nature of the offence and puts pressure on the victim toagree to diversion. These issues might reinforce existing power imbalances in the relationship and diversion
is difficult to monitor. Suggested benefits to diversion include: greater flexibility for individual response,
quicker response time, possibly greater compliance with programmes and possibly more women will use thesystem. In B.C. at this time neither diversion nor any other alternate measures are being used to respond todomestic violence. An effective diversion programme requires many levels of coordinated, fully fundedresources which are currently not in place.

XIV. FAMILY VIOLENCE COURTS
The large numbers of domestic violence cases in Canada has led some provinces to set up specialized
court systems; this helps prevent lengthy delays in court proceedings and referral to programmes. Those
working in these systems have specialized training to raise sensitivity to all of the issues relating todomestic violence. Manitoba, Ontario, Alberta and the Northwest Territories have implemented thesesystems which include involvement of court, probation, victim services and programmes for offenders andvictims. These courts place a strong emphasis on victim safety, thorough investigation of the facts,
successful prosecution, appropriate sentencing, monitoring of orders and treatment. They are successful
because everyone working in the system has a knowledge of the issues. These courts are founded on abelief in the need to address this as both a crime and a social problem. Accountability and opportunity forchange are promoted. At this time B.C. does not have a Family Violence Court, however, evaluation resultsfrom these other jurisdictions are promising.

XV. CHARGE AND SENTENCE
In B.C., as in all jurisdictions in Canada, the Crown counsel will decide if there is sufficient evidence toproceed with a charge based on police findings. While victim testimony might be necessary for conviction, if
there is sufficient evidence the Crown will proceed regardless of the victim’s willingness to testify. The
maximum sentence for assault is a $2,000 fine or imprisonment for six months or both. Assault with a
Weapon or Assault Causing Bodily Harm can lead to imprisonment not exceeding ten years. Aggravated
Assault can lead to imprisonment not exceeding fourteen years. Manslaughter and Attempted Murder can
result in imprisonment for life. Murder results in an automatic life sentence. These are the maximum

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sentences and offenders are infrequently sentenced to these maximums. For assault the usual sentence is
probation including an order to attend treatment. Occasionally offenders receive a suspended sentence witha requirement to attend treatment - this means if they complete all requirements they will not have acriminal record. This is more likely to happen for first time offenders who offer a guilty plea and who agree
to attend treatment.

XVI. MEN’S VIOLENCE AGAINST WOMEN IN RELATIONSHIPS:FACTORS FOR TREATMENT
Since violence against women in relationships became a focus in public consciousness there has been agreat deal of effort made trying to understand the men who engage in this behaviour in order to develop
effective programmes. Most studies suggest there are similarities in some behaviours and attitudes, butthere is not a “profile” as such. Domestic violence occurs in all socio-economic groups; however those withlower educations and less income are more likely to find their way into the criminal justice system.
Holtzworth-Munroe and Stuart (1994) conducted a meta-analysis of studies and concluded there are three
distinct groups of men who use violence in relationships: family only (which has the lowest levels ofphysical, psychological and sexual violence, dysphoric-borderline (which may or may not include some extrafamilial violence and is more likely to involve substance abuse and moderate to severe violence), andgenerally violent-antisocial (moderate to severe violence, likelihood of substance abuse and criminal
problems). Saunders (1996) found that 50% are men who assault their partners have problems dealing with
intimacy but are not violent outside intimate relationships, 25% are emotionally volatile and dependent and
25% are generally lacking in empathy. In one study higher levels of narcissistic personality disorder andobsessive-compulsive personality disorder related to increased severity of violence (Bodnarchuck, 2000).
The review of the typology literature by Cavanaugh and Gelles (2005) suggests that these types of batterers
are consistent with low11, moderate and high risk offenders and that it is unlikely for most offenders (lowand moderate categories) to escalate over time or move from one category type to another. Thus, theseauthors caution against matching offenders to wrong treatment (e.g., impulse control for anti-social men).
A number of factors are considered to be related in some way to men’s violence against their intimate
partners. These include: childhood and adolescent experiences including childhood trauma, attachment
disorders, patriarchal attitudes and beliefs, unrealistic expectations in relationships, substance abuse,inability to manage anger and other difficult emotions, head injuries, depression, marital distress, jealousy
and insecurity, dependency, personality disorders and biological and genetic variables.12
The perceived causes or theories for violence have an impact on the treatment that is provided. Theories
of biology, psychopathology, social learning, family systems and feminism have all informed programme
development. Biological theories include brain injury leading to violent impulses and genetic programmingaround safeguarding the sexual mate (jealousy and control). These theories lead to treatment primarily
based on pharmacology. Theories of Psychopathology focus on psychodynamic rather than organic variables;
the focus is often on childhood and other experiential events. Violence is seen to co-exist in a constellationof other interpersonal problems and functional deficits. Psychiatric diagnoses, specifically borderline andanti-social personality disorders, are inherent in a focus on psychopathology. Violent reactions and patterns
are long standing and firmly entrenched, and treatment takes many forms (cognitive-behavioural,
psychotherapy, pharmacology) with a strong focus on risk management.
Social Learning Theory suggests domestic violence is a product of learning and early modelling of
behaviours that achieve a desired result. Proponents of this theory state it is supported by research ontrans-generational violence. Interventions prescribed from this theory are usually cognitive-behavioural innature. Critics say that it does not explain why intergenerational transmission is not universal.
Feminist Theory explains violence against women as being influenced by a patriarchal societal structurethat reinforces men’s superior role and therefore their sense of entitlement to exert power and control over
11 This categorization of low risk is used as a relative reference in comparison to the other two categories in the typology andshould not replace a risk assessment by professionals to ascertain treatment needs.
12 These factors, along with many others, are regularly seen in group participants in varying degrees, and this speaks to thechallenges of providing effective treatment.

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women. Imbalances at a societal level are then reproduced within the family. Interventions are based on
advocacy, the provision of services for women and sensitization aimed at changing attitudes, beliefs andsocial structures that support violence against women.
Family Systems Theory suggests the family is a dynamic organization made up of interdependent
components; action and reaction leads to probability of reoccurrence. Treatment involves exploration of theattitudes, beliefs and behaviours in relation to the many systems in which the offender lives – family, culture,religion, community standards. Intervention includes individual work as well as couple or family counsellingto improve communication and problem solving skills within the family.
Dutton (1995) used the term “nested model” to also explore the belief that violence as multi-determined.
This model takes into account both the psychological features of the offender as well as the interpersonal
context, i.e. influences of family, couple and social systems. Dutton suggests there are four levels that
influence each other:• Macrosystem: Broad societal attitudes and beliefs regarding spousal violence.
• Exosystem: Social structures that influence the immediate context where the assault occurs.
• Microsystem: Immediate environment within which the abuse takes place; the home, the couple’s
relationship pattern.
• Ontogenic Level: Perpetrators individual histories and characteristics.
No one theory emerged as having unequivocal support. Human behaviour is complex and there are noeasy ways to explain it. Integrated approaches that incorporate all aspects of these theories seem to be mostbeneficial.

XVII. DOMESTIC VIOLENCE AND ALCOHOL ABUSE
The involvement of substance abuse, particularly alcohol, in domestic violence has been well
documented. Estimates of concurrent use of violence and alcohol range from 25% to 60%, and “use” does
not imply a drunken state. Abuse of alcohol and drugs contributes to risk and can be a significant barrier totreatment effectiveness, however, it is currently a generally supported view that alcohol does not cause
violence. Some studies found that substance abuse only increased the risk for woman abuse for men who
already approved of situational violence against women, were under socioeconomic hardship, had high levelsof hostility and low levels of marital satisfaction (Kantor & Straus, 1987; Leonard & Blane, 1992). 13
Pernanen (1991 ) found the average amount of alcohol consumed prior to the violent episode was only a few
drinks, which suggests the alcohol is an excuse.
Gondolf (1995) suggests there may be common psychosocial factors which overlap, e.g. substance abuseand violence may share common origins in a need to achieve personal power and control. He cautions thattreatment approaches may have a very different focus in that alcohol and drug treatment is very selffocused.14 He suggests that treating one my have an impact on the effectiveness of treatment for the other.
Katz (1998) suggests that if men become motivated to act in ways that keep themselves and others safe thisshould have an impact on stopping violence in relationships as well as other self-destructive behaviours like
substance misuse.
Some important factors about the link between violence and substance abuse include:• Being drunk may provide a justification - or alibi - for behaviours normally proscribed by society.

13 Both authors have had many participants who claim alcohol as a reason for the violence. When challenged they will
frequently admit to having thoughts about assaulting their partner when they are sober and angry with her, but state they are
more able to control their behaviour more effectively at those times. Even under the influence of alcohol men control where,
when and how much violence they use. It has been both authors experience that when asked about particular behaviours manymen say “no matter how drunk I got, I would never….” which suggests limits have been set that will not be crossed drunk orsober. It is very unlikely that a person who never thinks about sex offending or robbing a bank will suddenly do it because they
are drinking.
14 It has been both authors experience that men in alcohol treatment who have not addressed the issues underlying theirabuse of their partners will use their need to maintain sobriety as an excuse for controlling behaviours. “It will be your fault if I
continue to drink.” Some men who have stopped drinking and continue to be abusive also blame the behaviour on being a “drydrunk”.

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Alcohol may contribute to the misreading of signals by both the offender and the victim.
By reducing inhibitions, alcohol may impair attention to internal behavioural cues and theconsideration of consequences.
Alcohol may decrease frontal lobe functioning, affecting ability to handle new or threatening
situations and to develop alternative strategies to solve problems. Alcohol may affect neuro-chemicalsystems that mediate aggressive behaviour (Boles & Motto, 2003).
Risk of serious violence increases with alcohol.
Cocaine and methamphetamines can increase violent behaviour.
Women with substance abuse problems have an increased risk of being victims of violence.
Completion rate is lower for those with addiction problems.
Addiction leads to increased conflict in the relationships.
Sobriety does not necessarily lead to non-violence or change the nature of the abuse in therelationship.

XVIII. THE NATURE OF DOMESTIC VIOLENCE
Violence against women in relationships includes verbal, emotional, psychological, physical and sexual
abuse. Most programmes have lengthy lists of behaviours that describe these forms of abuse. Various typesof abuse inventories and scales have been developed to help those working with both victims and offenders
to identify the nature and severity of the abusive behaviour (Tolman, 1989; Marshal, 1992: Shephard &Campbell, 1992; Saunders, 1995; Strauss, 1995). The most commonly used document in programmes to dateis the Power and Control Wheel produced by a programme in Duluth, Minnesota (Pence & Paymar, 1993).
This wheel describes many types of behaviours that are designed to intimidate and control. These include:
threats of physical harm to others or to self; verbal abuse that degrades or humiliates; economic abuse
through attempts to control finances; use of the children to control or threats to hurt the children;
minimization, denial and blame for the abuse; property damage, in particular selective property that hasmeaning for the victim; acts of sexual coercion; acts based on beliefs about male privilege and men’s andwomen’s roles in society; acts intended to isolate the victim from others; harassment and stalking
behaviours. Although the violent acts that are sanctioned by the criminal justice system are physicalviolence, sexual violence and threats of physical violence, these other non-physical forms of violence are
equally damaging to individuals and relationships and are always precursors to physical violence.
Programmes must address these behaviours in order to stop physical violence.
The nature of sexual abuse in relationships has not been well researched or addressed in many
programmes. It is not uncommon for women who feel controlled in relationships to lose sexual desire for
their partner (this is also true for men). The loss of desire by a woman who is being abused may lead to anincrease in feelings of powerlessness or rejection in the man, and result in more abusive behaviour. Cycles
of interacting in abusive relationships are often as follows (Katz, 1999):
1. Abuse occurs.
2. Emotional distance between partners increases.
3. Feelings of rejection by the offender increase.
4. Abuse escalates.

IXX. TREATMENT OPTIONSThere are three principles for treatment: risk, needs and responsivity. The risk principle suggests thathigher-risk cases benefit from more intervention; lower-risk cases benefit most from low (or no) levels ofservice. The needs principle suggests the greatest reductions in recidivism can be achieved by targeting
criminogenic needs for treatment and supervision. The responsivity principle suggests treatment
programmes and supervision approaches will be most effective when geared to the offender’s own abilities
and learning style. Currently much has been done on risk and needs; however, responsivity is an area
requiring more attention and speaks to the process of delivery of programmes as opposed to the content.
The current state of knowledge about domestic violence is not sufficient to promote any specifictreatment modality or programme (Cooper, 1995; Hanson & Wallace-Capretta, 2000). Indeed, the question of
how and why cessation of violence occurs remains unclear and has not been directly examined in mostevaluation studies where the focus has been on the more general questions of whether treatment withspousal abusers is at all effective. Much of the focus has been on programme content, while for those52

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working in the field the process of therapeutic alliance and engagement with the offenders is considered
critical for improving responsivity and programme completion. Recent research suggests the highest risk ofrecidivism occurs in those who drop out of programmes (higher than those who never take programmes.)
This suggests keeping men in the room is critically important.
Healey, Smith, and O’Sullivan (1998), in their National Institute of Justice sponsored paper Batterer
Intervention: Program Approaches and Criminal Justice Strategies, conducted a very comprehensive reviewof spousal assault treatment. This study and other literature cited earlier in this paper and below point tosome common principles:
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A cognitive-behavioural focus is most frequently used in correctional programmes based on metaanalytic and theoretical reviews that have identified a cognitive – behavioural approach as the mosteffective treatment orientation to date in reducing criminal recidivism (Losel, 1996; Andrews &Bonta, 1998).
No treatment approach (cognitive-behavioural, psychodynamic or family systems) has been shown tobe significantly better than any other in stopping domestic violence; however the most common
approach is a psycho-educational cognitive-behavioural model that encourages pro-feminist attitudechange while building interpersonal skills (Hanson & Wallace-Capretta, 2000).
Research by Hanson & Wallace-Capretta (2000) highlight the importance of well trained andsupervised staff with a commitment to programme integrity. Modelling of skills and use of
motivational skills are paramount to inviting change. This point is consistent with the generalcriminology literature (Andrews, 1995) and highlights the importance of the facilitators’ skill inengaging men into the change process (Stefanakis, 1998a).
Rondeau, Brodeur, Brochu & Lemire (2001) have noted that, among treatment variables, therapeutic
alliance was the most significant factor in promoting programme completion.
Group processes that do not restrict men’s identities to offender status alone can facilitate
therapeutic engagement (Augusta-Scott, 1999; Stefanakis, 1998b, 2000; Trimble 2000).
Treatment effectiveness depends on matching treatment (intensity and type) and therapists torisk/need of offenders. (Gendreau & Andrews, 1990; Serin & Kennedy, 1997).
Therapists’ attitudes and competence that do not match the aims and content of a programme may
lower treatment integrity and reduce its effectiveness. (Serin & Kennedy, 1997).
Pre-group preparation programmes or treatment readiness programmes (such as the RR programmein B.C.) may be effective in reducing attrition in treatment (Cooper, 1995; Rondeau, Brodeur, Brochu& Lemire, 2001).
Well managed programmes delivering structured intervention focusing on the offender and offending
behaviours are more likely to be effective (Dobash et al., 2000; Gondolf, 1999).
A coordinated treatment/criminal justice system response has a much greater impact on reducing
recidivism than treatment alone or a criminal justice response alone. Programmes embedded within
the criminal justice system, with immediate and strong sanctions for non-compliance had relatively
low attrition rates in Great Britain (Dobash et al., 2000).

Treatment should acknowledge the complexity of the origins of the problem by addressing multiple
targets that are empirically shown to contribute to abusive behaviour. In 1990, B.C. ACAM introduced theterm “The Common Hybrid Model” to describe multi-model programmes that attend to all these theories
and emphasize safety, personal responsibility, self-awareness, compassion, skill development and thepromotion of attitudes of equality and respect that support the maintenance of non-violent relationships. All
programmes tend to have the following: a cognitive-behavioural foundation; pro-feminist based (viewviolence as tactics of power and control and promote equality); hold offenders accountable for the behaviour;
confront rationalizations and excuses; challenge beliefs, attitudes and expectations that support violence andinequality; help offenders identify high risk situations; teach skills which include emotions management,
conflict resolution, problem solving, assertiveness and respectful communication (Pence & Paymar,1992;
Cooper, 1995; Gondolf, 1997; Healey, Smith & Sullivan, 1998; Katz, 2005). Some programmes also
incorporate family systems strategies, trauma work, couple work, a focus on attachment theories andpsychodynamic approaches to meet some of the individual needs of the men in the programmes, but allwithin the framework of promoting personal responsibility and motivation to behave non-abusively toward
others. Modelling of respectful relationships in interactions with the participants and between co-therapists
is a foundation of the ACAM model. The emotional and physical safety of women, children and men is theprimary goal of programme delivery and is reflected not only in the treatment programme itself but also in
pro-active participation in a coordinated community response.

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The Correctional Services of Canada programmes for moderate and high intensity family violence
offenders are accredited based on the following eight criteria that have shown to be effective:
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An explicit empirically based model of change.
Targeting of criminogenic needs.
Use of proven effective methods of facilitating.
A skills development orientation.
Attention to responsivity issues (e.g. culture).
Continuity of care or relapse prevention.
Sufficient intensity or dosage.
Ongoing monitoring of the integrity of programme delivery and programme evaluation.

XX. EVALUATION OF PROGRAMMES
Although programme evaluation of intervention for men who assault their partners is still at a relatively
early stage of development, there is a body of methodologically sound research that supports the overall
effectiveness of treatment (Edelson and Syers, 1990; Edelson, 1995; Dutton, 1995; Gondolf, 1997; Gondolf &Jones, 2001; Healey et al., 1998; Dobash and Dobash, 1999; Kropp & Bodnarchuk, 2001; Gondolf, 2004).
While results from different studies vary in the size of the effect, there is significant evidence to suggest
there is an effect. There remains much to do in identifying the most effective approaches.
Research on programmes report varying levels of effectiveness. In large part this is likely due to thevariability in programmes being measured. Some studies report that as many as 53% – 85% of abusers stop
violence after treatment in follow-up periods ranging up to 54 months (Dobash and Dobash, 1999; Edelson
and Syers, 1990). Jones, D’Agostino, Gondolf and Hekert (2004) found that treatment reduces probability ofassault by 26 – 34%. Dutton (1995) reported strong treatment effects for court-mandate programmes in B.C.;
after six months 16% of untreated and 4% of treated re-offended and after 30 months 40% of untreated and
4% of treated re-offended. Self-reports from men and women supported this reduction and demonstrated
that levels of verbal aggression dropped as well as violence. A more recent review by Gondolf (2004)
suggests variability in results in previous studies, including previous meta-analyses, has to do with problems
with methodological shortcomings. He found that programmes lead to a de-escalation of re-assault and otherforms of abuse, the majority of men do not re-assault but approximately 20% of offenders continuously reassault.15 Gondolf points out that the cognitive-behavioural approach appears to be appropriate, but needs toinclude more intensive programmes for high risk offenders, on-going monitoring of risk and a “swift andcertain response” to violations.
It is important to note that given the large number of incidents of domestic violence “even a small ormodest statistically significant result can have large clinical and social significance in reducing violence inthe community” Gondolf (1999). It is also important to highlight that intervention should be considered andevaluated as part of a larger community response to end violence against women (Edleson, 1995; Healey etal, 1998; Dobash & Dobash, 1999; Dobash, et al. 2000).
The authors of this paper strongly support research that suggests effectiveness of programmes has agreat deal to do with the ability of the therapist to build therapeutic alliance (Stefanakis, 2000, 2001; Katz,
2005). This involves acceptance of the individual with a focus on maintaining dignity, while at the same time
inviting and encouraging change in behaviours that are not helpful in keeping themselves or others safe andin maintaining healthy relationships. Of primary importance is the modelling of skills that help build
compassion (Stefanakis, 1999; Katz, 2001). Corvo and Johnson (2003) have written about the “vilification of
the batterer” shaping some policies around domestic violence interventions that simply serve to reinforce
the problem. This is consistent with research on barriers to desistence from violence (Stefanakis, 1998a). In
B.C. a training focus for those delivering the RR and RVT programmes is understanding the principles ofmotivation and change, learning skills to facilitate motivation and change and understanding the importanceof modelling the skills taught in the programme in order to facilitate offenders’ learning and motivation to
15 This is consistent with the authors’ findings in their own programmes - 20% stop all forms of violence, 20% continue to bephysically violent, and the remaining 60% stop physical violence but continue to engage in some non-physical abusive
behaviour that might escalate over time to a re-offence. In these cases the re-offence tends to be less severe and re-focuses
the offender on managing behaviour.

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change. Katz (2002) suggests viewing clients as “reluctant” to engage in change as opposed to “resistant”
leads to more effective motivational strategies and greater therapeutic alliance.
As stated earlier, offenders are individuals with varying treatment needs. Programme effectiveness isoften based on “one-time” attendance in a “one size fits all” programme, and focuses on a quantitative
measure of violent recidivism. Models of change suggest that offenders enter and leave programmes atdifferent stages of awareness, personal responsibility and motivation to change. It follows that evaluation ofprogrammes would be more meaningful if there was a greater focus on shifts in these factors as opposed tojust recidivism. Programmes must be able to take offenders through the stages from pre-contemplation(denial) of the need for change to maintenance of the change. One example of a process oriented model ofchange was developed from research on men’s desistence from violence (Stefanakis, 1998). A summary ofthis framework is presented below.

XXI. FRAMEWORK FOR CHANGE
Based on research and clinical experience with men who have desisted from violence and the current
literature on desistence, a framework for change was developed (Stefanakis, 1998ab, 2000). This frameworkis useful because it makes visible specific obstacles to change and highlights certain interventions that may
facilitate change by attending to the particular needs of offenders at particular stages in their change
process.
Stefanakis (1998a) identified the following transitional processes in men who desist from violence inrelationships: Acknowledging the Abuse, Creating Commitment, Stopping the Violence, and Sustaining
Change. These transitions are consistent with the stages of change identified by Prochaska, DiClemente andNorcross (1992) in their Transtheoretical Model of Change (TMC). The five stages of change in the TMC arereferred to as the Precontemplation (lack of awareness or acknowledgement of the problem, feel coerced
into changing, no intention to change), Contemplation (some awareness/acknowledgement of the problem
but no commitment to change, not accepting responsibility), Preparation (accepting responsibility, intention
to change), Action (accepting full responsibility, taking consistent steps to change) and Maintenance (relapse
prevention) stages.
Men entering services for assaulting their partners usually enter in the precontemplation orcontemplation stages. This is evident in the vast repertoire of denial, excuses and justification strategies
they offer when accounting for their violence against their partners. An examination of the cultural context
highlights that these responses reflect the common social myths and excuses present in society in general(Davidson, 1998; Stefanakis, 1998b). Men in the preparation stage may still offer some excuses andjustifications but they are also beginning to claim agency and responsibility for their actions. In addition, they
are beginning to talk about the need to change their lives in some way. In the action stage men are taking full
responsibility for their actions and actively using non-violent strategies (e.g., time-outs, appropriate listening
and assertiveness skills, respecting boundaries). Their dialogue about violence begins to centralize aroundthe idea of having choices across most contexts and situations. Finally, the maintenance stage ischaracterized by men’s active involvement in relapse prevention efforts. These efforts may include ongoing
involvement in men’s treatment groups or finding other ways of becoming part of the solution instead of the
problem.
Understanding where each man is at in the stages of change helps identify issues that need to beaddressed in order to facilitate and invite change. Movement past the precontemplation stage involves
Acknowledging the Abuse. Here the men need to accept the notion that they are responsible for their acts ofviolence, while maintaining a belief that they remain redeemable as people. Helpers can engage men in theprocess of change by recognizing this dilemma. This involves naming the abuse explicitly and educating themen around the various forms of abuse without judging the character of the men. It is important to speak
about actions rather than identities (Stefanakis, 1997). For example, it is possible to explicitly label a man’s
actions as abusive without labelling him as an abuser. The difference in emphasis may seem minor but theauthors believe it is an essential component to engaging men in the early stages of treatment andovercoming reluctance to change. It increases the men’s willingness to be accountable. Another usefulstrategy involves helping the men to identify how they have resisted the use of abusive and controlling
behaviours in some difficult situations in the past. This exercise helps the men identify that they are not

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simply seen as abusive men and it challenges the common excuse of “losing it” since, by their own accounts,
they have demonstrated control in difficult situations and reinforced the notion that violence is a choice.
Movement to the preparation stage involves Creating Commitment to change by the men. One way tohelp this process is to document the effects of the violence and abuse across all aspects of the man’s life.
The men are often surprised by the extent of the harm and the amount of people affected by their acts ofviolence and abuse. In addition, they often do not recognize the harm they are causing themselves. Katz
(1998) suggests that commitment comes primarily from recognition of how their abusive behaviour isaffecting their own lives and preventing their own safety, security and sense of self-worth. In addition, theauthors have both witnessed strong motivation in men who suddenly recognize the impact of their behaviouron their children. A need to have a “good father” as part of their identity helps to build commitment. All ofthese factors create a reasonable justification to change; it is easy for participants to recognize that any
reasonable person would move towards change. The decision to change, in the context of this new
knowledge, has the positive effect of supporting a positive identity for the man while allowing him to accept
responsibility for his past violence.
Another barrier to commitment involves the search for the causes of violence, a barrier that is often
supported by well-meaning professionals. Thus, the men identify many theories that explain their violent
behaviours. These may include anger management problems (e.g., impulse control disorder), substanceabuse or family upbringing. Although an identification of these issues is important, treating them as causes
tends to excuse the men from taking full responsibility for their actions (Jenkins, 1990). It is useful todeconstruct many of these misconceptions in a way that helps men recognize that these explanations areunacceptable and argue for their own change (Jenkins, 1990). Consequently, violence, as an inevitable
response to certain circumstances or experiences, cannot be as easily justified or excused and, therefore,
becomes less likely.
Another way to help the men take a stand against violence and abuse involves helping them identify theirown personal values and then contrasting these values with the abusive behaviour in which they haveengaged (Stefanakis, 2000). Similarly the men can be invited to identify with valued identities that areincompatible with abuse (e.g., a caring father). These strategies serve several goals. First, they move themen away from feeling coerced into changing by the system because they are invited to live up to their own
values. Thus, the men begin to argue for their own change rather than having others argue for them tochange. Second, the explicit recognition that their actions are incompatible with their values creates apersonal crisis in meaning that acts as a catalyst for change. Third, the process of identifying positive values
helps the men claim a positive identity even as they accept responsibility for their abusive behaviours. Thus,
they can distance themselves from pathological labels. Finally, a discussion of personal values brings forth, ina secular way, aspects of spirituality into the discussion of change. This spiritual dimension can be a powerful
resource for the men, for ourselves and for the change process (Trimble, 2000; Kiyoshk, 2003).
Movement to the action stage and Stopping the Violence involves helping men make non-violent choices
and helping them claim non-violent identities. Skill development is most appropriate at this stage (e.g.,communication skills, stress management techniques, etc.) with an emphasis on the meaning of the skills
taught. For example, the men can be guided to recognize that having/learning these skills means that they
have choices and, therefore, excuses for using violent or abusive behaviours become untenable. In addition,
it is useful to have the men bring forth situations when they have not acted abusively. This is useful in termsof identifying and reinforcing skills and also in terms of reinforcing the claims of a new non-violent self
identity.
As the men begin to demonstrate changes peer pressure to maintain the status quo may begin to act asan obstacle to ongoing change. The men may also be dealing with personal barriers such as the belief that
their changes will have an immediate positive effect on their relationships. Thus, helping the men form new
supportive relationships that sustain non-violent norms and supporting them in dealing with daily challenges
and unrealistic expectations can be very beneficial.
Finally, Sustaining Change involves helping the men stay active in the process of change. Setbacks need
to be talked about, not as failures of character, but as opportunities to learn. This needs to be done without

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minimizing the impact of an act of abuse on another person. The men will also face ongoing challenges indealing with contradictory cultural expectations (requirements to be aggressive at work or in sports) andpersonal difficulties that may have been hidden through the use of violence and controlling behaviours (e.g.,
personal experiences of victimization). Current and future issues need to be identified and discussed. If
necessary, other resources need to be made available to the men. Strategies that help the men become partof the solution instead of the problem are also useful. These can include helping other men stop violence orvolunteering in other domains of life. Helping others becomes a wonderful reinvestment in self and society.
Teaching others is a way of reinforcing learning in ourselves. In essence, sustaining change requires theability to argue for non-violent solutions to problems.
The strategies discussed here are not meant to be an exhaustive list of effective intervention strategies
for change. This framework of change is most useful as a tool that helps the therapist explore and identify
potential barriers to change and potential interventions to facilitate change. In addition, the framework
highlights that the responsibility for ending violence in our culture lies with everyone. Individual
responsibility by perpetrators of violence does not excuse social or community responsibility from creating
and reinforcing beliefs and institutions that support, legitimize and sustain non-violence in relationships
Therefore, although the men in these programmes must be held accountable for their actions, it isincumbent on society to create change by challenging notions that sustain violence (e.g., anger causes
violence, male-to-male violence is normal) and ensuring all violence is seen as a criminal justice issue.
Finally, any programme is only as good as the manner in which it is facilitated. While content isimportant, the process of interaction between the facilitator and the participant is of critical importance. A
process built on compassion for the individual along with invitations to change behaviour needs to be theframework in which this work is done.

XXII. PROGRAMME CONTENT
Regardless of treatment model, court-mandated programmes have common procedures that include
intake, assessment, participation agreements, victim contact, orientation, group treatment and follow-up(Healey, Smith, and O’Sullivan,1998). Typically programmes for male domestic violence offenders include
the following content areas:• identifying abusive behaviours• identifying the elements of respectful relationships• identifying individual factors that get in the way of having stable relationships and high risk
situations• confronting minimization, denial and blame• changing beliefs that lead to violence• teaching skills for managing difficult emotions• conflict resolution skills and assertiveness skills• understanding the impact of abuse on self, partner and children• empathy and compassion building• communication skills; problem solving skills• self-care• managing jealousy• family of origin work
• parenting skills• financial management• healthy intimacy and sexual interactions
There is a strong focus on stopping all forms of abusive behaviour in programmes since violence inrelationships usually starts with and exists in concert with other forms of controlling and abusive
behaviours. Katz (1998) has suggested that a focus on building the Emotional Intelligence Competencies ofself-awareness, self-regulation, motivation, empathy and compassion and social skills is a useful frameworkfor programmes for both men and women who use violence in relationships. The ability to takeresponsibility for the emotional and physical safety of self and others is required.

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XXIII. VICTIM SAFETY
This work with men has as its primary goal the safety of women and children in relationships. This
doesn’t suggest that the man’s needs are second. In fact, it is easily argued that the programmes are also
about keeping the men safe. It takes time for change to occur, however, and programmes need to provide
external structures for safety while the men are building internal structures. These need to include:• Contact with women partners before and during the programme.
• Referral to resources such as counselling, shelters and legal aid.
• Notification if the man stops attending the programme or if there is any indication she may be at risk.
• A clear message that simply because a man is attending treatment does not ensure her safety.
(Programmes must not be used as part of her safety plan.)• Safety takes priority over confidentiality.
• Programme facilitators do not advocate for custody, removal of no-contact orders or reconciliation.
• While the men are often very likeable in the group programmes it is important to remember the
potential for violence that exists in the primary relationship.
• The development of clear standards of practice regarding safety.

XXIV. COMMUNITY COORDINATIONAs this paper has stressed in various ways, one of the key features in effective programmes is integrationof services. One of the strengths of the response to domestic violence in B.C. in the early years was thestrong focus on community coordination. Many communities had committees comprised of representatives
from victim services, women’s shelters, police, crown counsel, probation, hospitals, mental health services,child welfare services, clergy and other family services. A key component of these committees was torecognize their shared vision of stopping violence and to work in their own agencies and together to develop
policies which would be more likely to lead to reduction of violence against women in relationships. The
following are recommendations that will help make coordination effective:
•
•
•
•
•
•
•
•
•
•

Get the right people on board. Include people with power to make change in their organizations.
Make a commitment to collaboration and hold regular meetings.
Work together on mission, vision and values.
Have the courage to speak up about personal experiences and problems in the system. Address
territoriality, confidentiality and inequality in status and power of those at the table.
Honour each other’s work.
Coordinate activities within and between organizations and initiate multi-disciplinary and interagency education and training.
Establish protocols for interdisciplinary collaboration and service delivery.
Collaborate on projects.
Build trust be undertaking concrete, achievable tasks.
Work together to educate and engage the public.

The benefits of coordination are many for those involved. They include: reduction in duplication ofservices and gaps in service, reduction in competition for resources, reduction of time it takes to get throughthe system, increase in innovative methods of preventing abuse, increased awareness of resources, andreduction in feelings of isolation.

XXV. FUTURE DIRECTIONS
Clearly there remains a great deal of work to do in stopping violence in relationships. In Canada, theeconomy and shifting political agendas has an impact on the funding and availability of programmes. Somesignificant issues we continue to find include the fact that funding for prevention remains limited in scopeand standardization of programmes has the potential to stop innovation and lead to a belief that the job isdone. Despite this, the work in British Columbia and Canada as a whole has done much to inform knowledge
and practice with respect to intervention and treatment.

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130th INTERNATIONAL TRAINING COURSE
VISITING EXPERTS’ PAPERSREFERENCES
Andrews, D. A. (1995). The psychology of criminal conduct and effective treatment. In J Maguire (Ed.) What
Works: Reducing Offending. Chichester: Wiley.
Andrews, D. A. and Bonta, J. (1998) The Psychology of Criminal Conduct (Second Edition). Cincinnati:
Anderson Publishing Co.
Augusta-Scott, T. (1999). Reinventing the wheel. Finding new stories for men who batter. Thesis submitted
in partial fulfilment of the Master of Social Work, Halifax, N.S.: Dalhousie University.
Berk, R. Campbell, A., Klap, R. & Western, B. (1992). The deterrent effect of arrest in incidents of domestic
violence: A Bayesian Analysis of four field experiments. American Sociological Review. 57. 698-708.
Bodnarchuk, M. (2002). Psychological and behavioural typologies of men who assault their female partners.
Vancouver: British Columbia Institute Against Family Violence.
Buel, S.M. (1988). Mandatory arrest for domestic violence. Harvard Women’s Law Journal, 11, 213-246.
Boles, S.M. & Motto, K (2003). Substance abuse and violence. A review of the literature. Aggression andViolent Behaviour. 8, 155-174.
Canadian Centre for Justice Statistics (2004). Family Violence in Canada: A Statistical Profile. Retrieved
May 2005 from: http://ivt.crepuq.qc.ca/english/justice/2004/.
Cavanaugh, M & Gelles, R. (2005). The utility of male domestic violence offender typologies. Journal ofInterpersonal Violence, (20), 155-166.
Cooper, M. (1995). Challenges in programming for wife batterers. Vancouver: B.C. Institute Against Family
Violence.
Corvo, K, Johnson, P. (2003). Vilification of the “batterer”: How blame shapes domestic violence policy andinterventions. Aggression and Violent Behaviour 8(3), 259-281.
Dasgupta, S. (2001). Towards an understanding of women’s use of non-lethal violence in intimate
heterosexual relationships. Violence against women online resources.
Available: http://www.vaw.umn.edu/documents/vawnet/towards/towards.html.
Davidson, A. (1998). The transtheoretical model of change – Working with women. In H. Stefanakis & A.
Hamilton (Eds.), BCACAM 1998 Proceedings (pp. 10-17). Victoria: BCACAM.
DeKeseredy, W. & MacLeod, L. (1997) Woman abuse: A sociological story. Toronto: Harcourt Brace.
DeKeseredy, W. & Schwartz, M. (2003). Backlash and Whiplash: A Critique of Statistics Canada’s 1999
General Social Survey on Victimization. Online Journal of Justice Studies 1(1).
Dobash, R. and Dobash, R. 1999. Rethinking Violence Against Women. Thousand Oaks, CA: Sage.
Dobash, R.E, Dobash, R.P., Cavanagh, K. and Lewis, R. (2000), Changing Violent Men, Thousand Oaks,
Calif: Sage.
Doherty, D. & Ekstedt, J. (1992). Conflict, care and control: The history of the corrections branch in British
Columbia. Vancouver: The Simon Fraser Institute for Studies in Criminal Justice Policies.
Dutton, D. (1995). The batterer: A psychological profile. New York: Basic Books.
Dutton, D. (1995). The domestic assault of women. Vancouver, Canada: University of British Columbia.
Dutton, D. & Hart, S. (1992b). Risk markers for family violence in a federally incarcerated population.
International Journal of Law and Psychiatry, 15, 101-112.

59

RESOURCE MATERIAL SERIES No.69

Edelson, J. (1995). Do batterer’s programs work? Minnesota Centre Against Violence and Abuse. Available:
http://www.mincava.umn.edu/documents/battererprogram/battererprogram.html.
Edelson, J., & Syers, M. (1991). The effects of group treatment for men who batter: An 18-month follow-up
study. Research on Social Work Practice, 1(3), 227-243.
Gelles, R.J. (1993). Constraints against family violence: How well do they work? American Behavioural
Scientist, 36. 575-585.
Gendreau P. & Andrews D. A. (1990). What the meta-analyses of the offender treatment literature tells us
about “what works”. Canadian Journal of Criminology. 32, 173-184.
Giardini, G.I. (1942). The place of psychology in penal and correctional institutions. Federal Probation, 6(2),29-33.
Gondolf, E.W. (1995). Alcohol abuse, wife assault, and power needs. Social Service Review, 69, 275-283.
Gondolf, E. (1997). Batterer Programs: What We Know and Need to Know. Journal of Interpersonal
Violence, 12(1), 83-98.
Gondolf E., (1999). A comparison of four batterer intervention systems: Do court referral, program length,
and services matter? Journal of Interpersonal Violence, 14(1). 41-61.
Gondolf, E. (2004). Evaluating batterer counselling programs: A difficult task showing some effects andimplications. Aggression and Violent Behaviour. 9 (2004). 605-631.
Gondolf, E. & Jones, A. (2001). The program effect of batterer programs in three cities. Violence and Victims
16 (6). 693-704.
Groves, B. McAlister (2002). Children who see too much: lessons from the Child Witness to Violence
project. Boston: Beacon Press.
Hanna, C. (1996). No right to choose: Mandated victim participation in domestic violence prosecutions.
Harvard Law Review, 109. 1850-1910.
Hanson, R. K., & Wallace-Capretta, S. (2000). Predicting recidivism among male batterers. User Report
2000-06. Ottawa: Department of the Solicitor General of Canada.
Healey, K., Smith, C., & O’Sullivan, C. (1998). Batterer intervention: Program approaches and criminal
justice strategies. Washington, DC: National Institute of Justice.
Holtzworth-Munroe, A. & Stuart, G.L. (1994). Typologies of male batterers: Three subtypes and thedifferences among them. Psychological Bulletin, 116. 476-487.
Jaffe, P. Baker, L. & Cunningham. A. Protecting Children from Domestic Violence: Strategies from Domestic
Violence: strategies for community intervention. New York: Guilford Press, 2004.
Jaffe, P. G., Hastings, E., Reitzel, D., & Austin, G. W. (1993). The impact of police laying charges. In N. Z.
Hilton (Ed.), Legal responses to wife assault (pp. 62-94). Newbury Park, CA: Sage.
Jenkins, A. (1990). Invitations to responsibility. Adelaide: Dulwich Centre Publications.
Jenkins, A. (1991). Intervention with violence and abuse in families: The inadvertent perpetuation ofirresponsible behaviour. Australia and New Zealand Journal of Family Therapy, 12, 186-195.
Jennings, J. L. (1990). Preventing relapse versus ‘stopping’ domestic violence: Do we expect too much toosoon from battering men? Journal of family Violence, 5, 43-60.
Jiwani, J. (2000). The 1999 General Social Survey on spousal violence: An analysis. [Online]. Available:
http://www.casac.ca/survey99.htm.

60

130th INTERNATIONAL TRAINING COURSE
VISITING EXPERTS’ PAPERS

Jones, A. S., D’Agostino, R. B., Gondolf, E., & Heckert, A. (2004). Assessing the effect of batterer program
completion on reassault using propensity scores. Journal of Interpersonal Violence, 19 (9), 1002-1020.
Kantor, G., & Straus, M.A. (1987). The drunken bum theory of wife beating. Social Problems, 34, 213-230.
Katz, J. (1998). Power replacement and maintaining dignity: Leading male offenders to non-violence. In A.
Hamilton (Ed.), BCACAM 1998 Proceedings Victoria: BCACAM.
Katz, J. (1999). Family Relationships Program for Federally Incarcerated Males . Chilliwack: J & Z
Consulting Ltd.
Katz, J. (2001). Be nice, be curious, be committed: Moving beyond empathy to compassion. In H. Stefanakis(Ed.), BCACAM 2001 Proceedings. Vancouver: BCACAM.
Katz, J. (2002). Respectful Relationships Program. British Columbia: Ministry of Attorney General.
Katz, J. (2005). Introduction to program delivery. Relationship Violence Treatment Program . British
Columbia: Ministry of Attorney General.
Kiyoshk, R. (2003). Integrating spirituality and domestic violent treatment: Treatment of Aboriginal men. In
D. Dutton & D. Sonkin (Eds.) Intimate violence: Contemporary treatment innovations. New York:
Haworth Press.
Kropp, P.R. & Bodnarchuk, M. (2001). Evaluation of three assaultive men’s treatment programs: A summary
report. Vancouver: BC Institute Against Family Violence.
Available: http://www.bcifv.org/pubs/Evaluation%20of%20Three%20Programs.pdf.
Kwong, M., Bartholemew, K. & Dutton. (1999). Gender Differences in Patterns of Relationship Violence inAlberta. Canadian Journal of Behavioural Science. 31(3). 150-160.
Leonard, K.E. & Blane, H.T. (1992). Alcohol and marital aggression in a national sample of young men.
Journal of Interpersonal Violence, 7, 19-30.
Losel, F. (1996) The efficacy of correctional treatment: a review and synthesis of meta evaluations. Criminal
Justice and Behavior, 22, 91-105.
MacRae, J. (2003). Relationship violence and diversion: A literature review on pro-charge policies andCrown discretion. Vancouver: B.C. Institute Against Family Violence.
Marshall, L. (1992). Development of the severity of violence against women scales. Journal of Family
Violence, 7(2), 103-121.
McGuire, J. (1995). What Works: Reducing Reoffending, Chichester: John Wiley & Sons.
Ministry of Public Safety and Attorney General (2004). Violent Crime in British Columbia. Available:
http://www.pssg.gov.bc.ca/police_services/publications/summary_statistics/Chapter_2.pdf.
Nayak, M.B., Byrne, C.A., Martin, M.K. & Abraham, A.G. (2003). Attitudes toward violence against women:a cross-nation study. Sex Roles, 49, 333-342.
Pence, E. (1989). Batterer programs: Shifting from community collusion to community confrontation. In P.L.
Caesar & L.K.Hamberger (Eds.), Treating men who batter . Duluth, MN: Minnesota Program
Development, Inc.
Pence, E. & M. Paymar (1993). Education Groups for Men who Batter: The Duluth Model, New York:
Springer.
Pernanen, K. (1991). Alcohol in human violence. NY: Guilford.

61

RESOURCE MATERIAL SERIES No.69

Prochaska, J.O., DiClimente, C.C. & Norcross, J.C. (1992). In search of how people change: Applications to
addictive behaviours. American Psychologist, 47, 1102-1114.
Report to the Federal-Provincial-Territorial Ministers Responsible for the Status of Women (2002).
Assessing violence against women: A statistical profile . Electronic resource: http://www.swccfc.gc.ca/pubs/0662331664/index_e.html.
Robinson, D. & Taylor, J. (1994). The Incidence of Family Violence Perpetrated by Federal Offenders: A File
Review Study. Correctional Service of Canada, Ottawa.
Rondeau, G., Brodeur, N., Brochu, S. & Lemire, G. (2001). Dropout and Completion of Treatment Among
Spouse Abusers. Violence and Victims, 16 (2), 127-142.
Saunders, D.G. (1995). Prediction of Wife Assault. In J.C. Campbell (Ed.) Assessing Dangerousness:
Violence by Sexual Offenders, Batterers and Child Abusers. (pp. 192-221). Thousand Oaks: Sage.
Saunders, D.G. (1996). Feminist cognitive-behavioural and process-dynamic treatments for men who batter:
Interaction of abuser traits and treatment models. Violence and Victims. 11. 393-413.
Serin, R. & Kennedy, S. (1997) Treatment Readiness and Responsivity: Contributing to Effective
Correctional Programming, Research Report R-54. Ottawa, ON: Correctional Service of Canada.
Shepard, M.F. & Campbell, J.A. (1992). The abusive behaviour inventory: A measure of psychological andphysical abuse. Journal of Interpersonal Violence, 7(3) p.291-305.
Sherman, L. W., & Berk, R. A. (1984). The specific deterrent effects of arrest for domestic assault. American
Sociological Review, 49 (2), 261-272.
Stark, E. (1996). Mandatory arrest of batterers: A reply to its critics. In E.S. Buzawa & C.G. Buzawa (Eds.)
Do arrests and restraining orders work? Thousand Oaks, CA: Sage. 115-149.
Steinman, M. (1990). Lowering recidivism among men who batter women. Journal of Police Science andAdministration, 7, 124-132.
Stefanakis, H. (1997). Using metaphors, symbols and stories in interventions with men who abuse theirpartners. In A. Hamilton (Ed.), BCACAM 1997 Proceedings (pp. 107-114). Victoria: BCACAM.
Stefanakis, H. (1998a). Desistence from violence: Men’s stories of identity transformation. Unpublished
Doctoral Dissertation, University of Guelph, Guelph, Ontario.
Stefanakis, H. (1998b). The trantheoretical model of change as a heuristic for exploring how to end men’s
violence against women-Part I: Working with men. In H. Stefanakis & A. Hamilton (Eds.), The
proceeding of the BC Association of Counsellors of Abusive Men Conference: 1998 (pp.1-7). Victoria:
BCACAM.
Stefanakis, H. (1999). Caring and compassion when working with offenders of crime and violence. Paper
presented at the Articulating a Space for Love and Compassion in the Teaching and Healing Arts,
Vancouver, B.C.
Stefanakis, H. (2000). Understanding and Facilitating Change for men who are violent. In H. Stefanakis (Ed.),
The proceedings of the BC Association of Counsellors of Abusive Men Conference: 2000. Victoria:
BCACAM.
Stefanakis, H. (2001). Engaging offenders in the processes of change. Paper presentation for the founding
conference of the International Association of Forensic mental Health Services, Vancouver, B.C.
Straus, M. (1979). Measuring intrafamily conflict and violence: The Conflict Tactics (CT) scales. Journal of
Marriage and the Family, 41, 75-88.
Straus, M. A., Hamby, S. L., Boney-McCoy, S., & Sugarman, D. B. (1996). The revised Conflict Tactics
Scales (CTS2): Development and preliminary psychometric data. Journal of Family Issues, 17: 283.

62

130th INTERNATIONAL TRAINING COURSE
VISITING EXPERTS’ PAPERS

Suderman, M., & Jaffe, P. (1997). Children and youth who witness violence: New directions in intervention
and prevention. In Child abuse. D.A. Wolfe, R.J. McMahon, and R. Peters, eds. Thousand Oaks, CA:
Sage Publications.
Syers, M., & Edleson, J. L. (1992). The combined effects of coordinated criminal justice intervention in
woman abuse. Journal of Interpersonal Violence, 7, 490-502.
Tolman, R.M. (1989). The development of a measure of psychological maltreatment of women by their malepartners. Violence and Victims, 4 (3), 159-177.
Tolman, R.M. (1996). Expanding sanctions for batterers: What can we do besides jailing and counselingthem? In J.L. Edelson & Z.C. Eisikovovitz (eds). Future interventions with battered women and theirfamilies. Thousand Oaks, CA: Sage. 170-185.
Trimble, D. (2000) Working with assaultive men: A deeper meaning. In H. Stefanakis (Ed.), The proceedingsof the BC Association of Counsellors of Abusive Men Conference: 2000. Victoria: BCACAM.
Varcoe, C., Jaffer, F. & Kelln, P. (2002). Protection women: Women’s experiences of seeking protection fromabuse by intimate partners.
Watkins, R. (1992). An historical review of the role and practice of psychology in the field of corrections.
Correctional Services of Canada.
Available: http://www.csc-scc.gc.ca/text/rsrch/reports/r28/r28e_e.shtml.
Woolredge, J. & Thistlewaite, A. (2002). Reconsidering domestic violence recidivism: Conditioned effects oflegal controls by individual and aggregate levels of stake in conformity. Journal of Quantitative
Criminology, 18 (1), 45-70.
Widom, C. S. (1989). Does violence beget violence? A critical examination of the literature. Psychological
Bulletin, 106 (1), Jul, 3-28.

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VIOLENCE AND PUBLIC HEALTH: AN INTEGRATED, EVIDENCE-BASEDAPPROACH TO PREVENTING DOMESTIC VIOLENCE AND CHILD ABUSE
By Alexander Butchart*

I. INTRODUCTION
Domestic violence and child abuse are both serious problems in their own right and highly significant
contributors to the burden of ill health in countries the world over. Along with other types of violence towhich they are causally related - such as youth violence, elder abuse and suicide - child abuse and domestic
violence are therefore challenges for public health. In addition to the massive direct costs of treating injuries
due to violence, most types of violence, but especially child abuse and intimate partner violence, haveenormous non-injury health consequences including alcohol and drug abuse, depression and anxiety
disorders, suicide and suicide attempts, obesity and eating disorders, unsafe sexual behaviour and sexuallytransmitted diseases (including HIV-AIDS) and smoking.
Violence - including child abuse and domestic violence - is, however, preventable. As shown by a growing
body of scientific research, interventions that address the underlying causes of violent behaviour andvictimization are effective in preventing new instances of violence. When applied at the population level toentire communities and societies, such interventions have been shown to be both effective and costeffective.
Although there are relatively few published economic evaluations of interventions targeting interpersonal
violence, available studies show that preventive interventions to stop interpersonal violence occurring costless than the money that they save, in some cases by several orders of magnitude.
For instance, the costs of a USA programme to prevent child abuse equalled 5.0% of the costs of childabuse itself. Also in the USA, interventions that targeted juvenile perpetrators of violence - including
aggression replacement training and foster care treatment - resulted in economic benefits that were morethan 30 times greater than the corresponding costs1.

A. World Report on Violence and Health2
The impacts of violence on public health, the drain on health services of treating the consequences ofviolence, and the fact that violence is preventable are among the main reasons why the World HealthOrganization (WHO) has in recent years scaled up its commitment to promoting the prevention of violence.
In the year 2002, WHO published the World report on violence and health, and this report forms thefoundation of the Organization’s violence and health activities at the global, regional and country levels. The
report represents the first ever comprehensive review of violence on a global scale, and through an
exhaustive review of the best available scientific studies looks at the magnitude and impact of violence, risk
factors, interventions and policy responses, and a set of recommendations for national and international
action, all of which are discussed below.
Violence has many faces, some of which are highly visible and others of which we are only barely aware.
The report addresses all of these, including youth violence occurring among persons aged 10-29 years;* World Health Organization, Department of Injuries and Violence Prevention, Geneva, Switzerland.
1 For a review of the literature on the costs of violence and cost effectiveness of prevention, see Waters H, Hyder A, Rajkotia
Y, Basu S, Rehwinkel JA, Butchart A. The economic dimensions of interpersonal violence. Department of Injuries andViolence Prevention, World Health Organization, Geneva, 2004.
2 Unless otherwise indicated, all statistics and findings cited in this paper are from the World report on violence and health.
Krug EG et al., eds. World report on violence and health. Geneva, World Health Organization, 2002.

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VISITING EXPERTS’ PAPERS

collective violence, particularly armed conflicts; sexual violence, largely against women and girls, but also
men and boys; suicidal behaviour; elder abuse; violence by intimate partners, and child abuse and neglect byparents and caregivers. Also included is a statistical annex with country and regional data from the WHO
Database and Global Burden of Disease project for 2000, and a list of resources for violence prevention.

B. Objectives
This paper has six objectives.
• The first objective is to review the definition and typology of violence developed by WHO and fromthis to highlight the importance of dealing with child abuse and domestic violence in an integrated
way, as part of the larger problem of preventing suicide and interpersonal violence in general.
• The second objective is to describe what is known about the magnitude and impact of different typesof violence, and, as importantly, to highlight how much is not known about this aspect.
• The third objective is to describe what’s known about risk factors and causes, especially those that
underlie multiple types of violence.
• The fourth objective is to review the current status of prevention efforts and describe what is known
about the effectiveness of different approaches – touching upon all types of violence to the extent
possible.
• The fifth objective is to provide a snapshot of WHO’s Global Campaign for Violence Prevention,
focusing upon its recommendations for multi-sectoral prevention programming.
• The sixth and final objective is to highlight some of the implications of the public health approach toviolence prevention for the criminal justice sector’s work on child abuse and domestic violence.
II. DEFINITION AND TYPOLOGY OF VIOLENCE
A. Definition of Violence
The World report on violence and health defines violence as “the intentional use of physical force orpower, threatened or actual, against oneself, another person, or against a group or community, which either
results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment, or
deprivation”. This definition reflects extensive review of other definitions of violence and thoroughconsultation with international experts. While every word of the definition is important, it is worthhighlighting the fact that the definition identifies violence as including both threatened and actual physicalforce or power and that it does not limit violence to only those acts resulting in physical injuries but also
includes psychological harm, deprivation and maldevelopment.
The report also stresses the importance of using operational definitions for particular forms of violence(such as violence involving firearms, knives and blunt instruments, child sexual abuse and intimate partner
violence) that permit their unambiguous identification for measurement purposes, that are shared between
different sectors, and that permit international comparability. The operational definitions contained in thevarious editions of the International Classification of Diseases3 come closest to meeting these criteria.

B. Typology of Violence
To properly understand the problem of violence in a way that assists in showing where and how we canintervene to prevent it, a typology of violence, such as the WHO typology shown in Figure 1, is useful. At
the first level this typology differentiates between violence people inflict upon themselves, interpersonal
violence inflicted by another individual or small group of individuals, and violence inflicted by larger groups
such as states.

3 International Statistical Classification of Diseases and Related Health Problems 10th Revision. Version for 2003

http://www3.who.int/icd/vol1htm2003/fr-icd.htm.

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RESOURCE MATERIAL SERIES No.69
Figure 1: Typology of violence from World report on violence and health

Self directed violence is divided into suicidal behaviour and instances of self-abuse. Interpersonal
violence is divided into family and partner violence, and community violence. Collective violence is divided
into social, political and economic violence. For each subtype of violence, the typology also includes thenature of violent acts, which can be physical, sexual, psychological, or involving deprivation or neglect.
While there is conceptual and practical value in distinguishing between these different types of violence,it also important to emphasize that there are many important links between them, and therefore thatpreventing one type of violence may help prevent other kinds of violence. For instance, war is a major risk
factor for suicide and interpersonal violence, while interpersonal violence involving child maltreatment is arisk factor for suicidal behaviour and for becoming a victim or perpetrator of intimate partner violence inlater life.

III. MAGNITUDE AND IMPACT OF VIOLENCE
A. Fatal Violence
Globally, violence is a substantial problem even when measured in terms of the deaths that it causes,
which, as described below, represent only a small fraction of the full burden of its negative social andeconomic consequences. According to WHO burden of disease estimates, in the year 2000 there was a global
total of over 1.6 million deaths due to violence. This was around half the number of deaths due to HIV/AIDS,
roughly equal to deaths due to tuberculosis, somewhat greater than the number of road traffic deaths and 1.5
times the number of deaths due to malaria.
In the year 2000, and contrary to the impression created by the massive media coverage of collective
violence, the largest number of violent deaths was due not to war but to suicide: 815,000 cases, or one
suicide every 40 seconds. Interpersonal violence accounted for 520,000 deaths: or one murder per minute.
There were 310,000 deaths directly due to collective violence or one war death every two minutes.
1. Global Homicide Rates
Rates of violent death vary by country and region income levels. For the year 2000, homicide rates werehighest in Africa, Latin America and central and Eastern Europe, and lowest in Western Europe and somecountries in the western Pacific. Studies show a strong relationship between homicide rates, economic
development and economic inequality with poorer countries (especially those with large gaps between therich and poor) tending to have higher rates of homicide than wealthier countries, and poorer communities inhigh inequality societies have higher homicide rates than their wealthier counterparts.
By age and sex there were marked differences in homicide rates. Gender differences were least marked
for the age groups 0-4 and 5-14 years. For the age groups 15-29 and 30-44 male rates were four times ashigh as female rates and for the remaining age groups around 2.5 times as high as female rates. From age 15
onwards female rates showed little difference between age groups while male rates varied substantially.

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2. Global Suicide Rates
Suicide rates show a very different geographical distribution to homicide rates. Except for central andeastern Europe which have high homicide and high suicide rates, the highest suicide rates occur in regions
where homicide is lowest, and, at the country level, wealthier countries tend to have higher levels of suicide
than poorer countries (though, this may also reflect gaps in information; for example, there is little
information on suicide in Africa).
Suicide rates showed a clear trend towards increasing gender differences with age. At 5-14 years rates
for males and females were roughly equal, whereas from age 45 onwards male rates were nearly twice ashigh as female suicide rates.
Owing to the inadequacies of data on collective violence, WHO burden of disease statistics do not include
similar information for war deaths, although the World report on violence and health notes that, likehomicide, war death rates were lowest in high-income countries and highest in low- and middle-income
countries.
Deaths are only the tip of the violence iceberg, and even in terms of knowing the real size of this tip
there is a very long way to go. In over half the world’s countries there is no adequate information about how
many people die by violence.

B. Non-fatal Violence
The violence recorded in routinely available data, such as vital statistics and crime reports, is mainly thatwhich leads to fatalities. By contrast, the much larger burden of violence is non-fatal. To count non-fatal
health outcomes one could begin by looking at cases reported to health agencies or to the police. Only small
proportions present at both the health agencies and the police, and studies from several countries show thatfor every victim reporting to the police at least two more report only to health agencies. The health burden
this represents is illustrated by the fact that for every young person murdered at least 20 to 40 other young
people receive hospital treatment for a violent injury. Given that there are approximately 200,000 youth
homicides each year, this means that globally there are between four and eight million hospital presentations
each year for youth violence alone.
Moving away from health facilities, epidemiological studies show that an even larger proportion ofviolence is reported in household surveys and special studies, and it is here that female victims often
outnumber male victims. These studies have shown, for instance, that up to 70% of women report being a
victim of intimate partner violence at some point in their lives. One in five women versus one in 10 men
report being sexually abused as a child. For 90% of cases involving female victims of child sexual abuse theperpetrators are male, as they are for 70% of male child sexual abuse victims. Up to 40% of first sexual
encounters are forced. About 4% to 6% of the elderly report having been abused in their homes bycaregivers, with elderly males and females equally at risk for being abused by spouses, adult children andother relatives. Many older citizens have also been subjected to abuse in institutions.
Unfortunately, a lot of violence never gets reported – whether due to fear, shame, the acceptance ofviolence as normal and therefore unremarkable, or the inadequacy of reporting and recording systems.

C. Health Consequences and Economic Costs of Violence
Beyond counting the deaths and injuries due to violence, the Report shows that it is of critical importanceto look at the non-injury health consequences of violence, which are especially important for childmaltreatment and intimate partner violence. These non-injury health consequences are many and include:
physical consequences, such as gastrointestinal disorders and chronic pain syndromes; mental healthconsequences, such as depression, anxiety disorders and post-traumatic stress disorder; behaviouralproblems such as alcohol and drug abuse, eating and sleep disorders, unsafe sexual behaviour, smoking andother risk-taking behaviours; reproductive health consequences, such as infertility, gynaecological disorders,sexual dysfunction, unwanted pregnancies or pregnancy complications, and sexually transmitted infections,
including HIV/AIDS.
In the case of collective violence, conflicts also destroy infrastructure and disrupt vital services such as
immunization, medical care, and food production and distribution – contributing to infectious diseases andfamine.

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The human toll is only one dimension. Violence also puts a massive burden on national economies
costing billions in US dollars each year when the direct costs associated with health care, emergency
response services and law enforcement are combined with the many indirect costs such as lost productivity,
quality of life and strains on economic development.

IV. RISK FACTORS FOR VIOLENCE
To prevent violence and reduce its consequences it is necessary to understand the causes of violence. A
major finding of the World report on violence and health is that no single factor explains why one individual,family, community or society is more or less likely to experience violence. Instead, it shows that violence isrooted in the interaction of factors ranging from the biological to the political. The Report captures this in an
ecological model that organizes the risk factors for violence into four interacting levels: the individual, close
relationships, community contexts and societal factors.
Individual-level risks include demographic factors such as age, income and education; psychological andpersonality disorders, alcohol and substance abuse, and a history of engaging in violent behaviour orexperiencing abuse.
The relationship level explores how relationships with families, friends, intimate partners and peers
increase the risk of becoming a victim or perpetrator of violence, and risk factors at this level include poor
parenting practices and family dysfunction, marital conflict around gender roles and resources, andassociating with friends who engage in violent or delinquent behaviour.
The community level refers to the contexts in which social relationships occur such as neighbourhoods,
schools, workplaces and other institutions, and the Report identifies a number of community characteristics
that increase the risk for violence – for example, poverty, high residential mobility and unemployment, social
isolation, the existence of a local drug trade, and weak policies and programmes within institutions.
At the societal level the Report identifies broad factors contributing to a climate that encourages
violence, including economic, social, health, and education polices that maintain or increase economic andsocial inequalities, social and cultural norms supporting the use of violence, the availability of means (suchas firearms) and weak criminal justice systems that leave perpetrators immune to prosecution.

V. THE PUBLIC HEALTH APPROACH TO PREVENTION
Violence is often seen as an inevitable part of the human condition – a fact of life to respond to, rather
than to prevent. By contrast, the notion that violence is preventable is a basic tenet of the public healthapproach. In moving from problem to response, the public health approach has four steps. The first step is tostatistically describe and monitor the extent of the problem; to identify the groups and communities at risk.
The next step is to identify and understand the factors that place people at risk for violence – to assess
which factors may also be amenable to intervention. The third step is to develop and evaluate interventions
to reduce these risks, and the fourth is to implement and apply widely the measures that are found to work.
By linking ongoing statistical description and monitoring of the problem to the fourth step of widespread
implementation, the four steps form a feedback loop through which the effectiveness of violence prevention
programmes can be constantly monitored and improved.
The public health approach is population-based. It emphasizes primary prevention – doing something
about the problem before it occurs. It draws upon a wide range of expertise across many sectors, and it isbased in science. It asserts that everything – from identifying the problem and its causes, to planning,
testing and evaluating responses – should be based on sound research and informed by the best evidence.
To look forward and build a future violence prevention agenda, it is useful to have a sense of where thefield of violence prevention is now. The following sections, mainly based upon analysis of the evidencecollected in the World report on violence and health, therefore show the current status of prevention efforts
in order to highlight what works and what’s promising, and to identify areas where more attention is needed.

A. Public Health Interventions
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prevention – approaches that aim to prevent violence before it occurs; secondary prevention – approaches
that focus on the more immediate responses to violence, such as pre-hospital care, emergency medical
services or treatment immediately following a rape or an injury sustained as a result of violence; tertiary
prevention – approaches that focus on long-term care in the wake of violence that has already occurred, suchas rehabilitation and reintegration, attempts to lessen trauma or reduce the long-term disability associatedwith violence. The three levels of prevention are defined by their temporal aspect – whether prevention
takes place before violence even occurs, immediately afterwards or over the longer term. While these levelsof prevention have traditionally been applied to victims of violence and within health care settings, they arealso relevant to perpetrators and have been used to characterize judicial responses.
When we look at where the emphasis of prevention programmes has been placed in terms of timing(before, soon after, or long-term care), there are some differences by type of violence. In youth violence, themajority of efforts have focused on primary prevention. There have been programmes for youth alreadyinvolved in violent and delinquent behaviour and initiatives aimed at “getting tough on crime” – detaining
juveniles, boot camps, shock incarceration programmes, and trying and sentencing youth in adult courts forserious offences – but on balance, there have been many more prevention efforts aimed at curbing violent
behaviour before it occurs. And there has been a growing emphasis on early intervention in childhood – as away of disrupting or changing the developmental trajectories of violence.
With intimate partner violence, sexual violence, child maltreatment and elderly abuse, the majority ofefforts have been focused on secondary/tertiary prevention – that is, identifying victims and providing thenecessary care and services to prevent re-victimization. There have been primary prevention efforts inschools and communities, and efforts aimed at parents and caregivers, but on balance, there have been more
efforts aimed at secondary/tertiary prevention.
It is important to keep in mind that this is not an either/or proposition. As stated in the Report, we must
do what we can to strengthen responses for victims of violence and make sure that offenders are punished,
but we also need to develop and test programmes and strategies aimed at preventing violence fromhappening in the first place.

B. Ecological Model – Systems of Influence
Another way of looking at violence prevention programmes is by their level of influence. The ecologicalmodel was used in the World report to illustrate the complex and multifaceted nature of violence. As
outlined in Section IV above, violence has its roots in the interaction of many factors – biological, social,
cultural, economic and political. It is the outcome of a complex interaction between context and person – notperson alone; and not context alone.
Each level in the ecological model can be thought of as a level of influence and also as a key point forintervention. That is, we can attempt to modify individual behaviour directly; we can modify individual
behaviour by influencing the close, interpersonal relationships of people such as family environments; we
can influence behaviour by modifying the settings people move through – for example, schools, workplacesor neighbourhoods. And we can make more societal, system-wide changes to improve (for example),
educational or economic opportunities or change cultural norms. In short, we can aim to modify individual
behaviour directly, and we can also attempt to change the environments and systems that create the climatesfor violence to occur.
If we look at the emphasis of prevention programmes by their level of influence, we can see that acrossthe different types of violence, there is an imbalance in the focus of prevention programmes – there havebeen far more efforts aimed at changing individual and relationship factors than there have been at changing
community or societal factors. In other words, more emphasis has been placed on changing individual
attitudes, beliefs, and behaviours than on the factors or systems that create the conditions for violence tooccur. It some ways this is not surprising because it is much easier to design these types of programmes andit is also much easier to evaluate them.

C. Types of Outcomes
Outcomes are also very important in violence prevention efforts. We can think of outcomes in terms of acontinuum – with knowledge change at one end and reductions in injuries and deaths at the other end. We

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can also think of these as a causal chain with change in one potentially leading to change in the next one –although this is not always the case. In terms of the outcomes generally studied, there have been more
efforts across the different types of violence geared towards changing knowledge and attitudes than
behaviour. Behaviour change is an important outcome and should be an important goal of prevention efforts.
As one might expect, smaller-scale research efforts have generally not included injuries and deaths. These
are more rare outcomes and it is difficult to see a significant change in these outcomes with a smaller-scale
prevention trial.

VI. EVIDENCE-BASE FOR VIOLENCE PREVENTION PROGRAMMES4
From the perspective of public health, a fundamental question is “Do violence prevention programmes
work?” That is, “Are there certain interventions, programmes or strategies that are effective in preventing
or reducing violence?” To answer this question, this section reviews the evidence base for effective violence
prevention programmes. Before doing so, it is important to note that the evidence-base for prevention
programmes has largely come from developed countries. This is not to say that prevention programmes are
not in place in developing countries, but rather that many have not been systematically and rigorously
evaluated. It is important to keep this in mind when reviewing what is known about the effectiveness ofdifferent approaches.
To begin, it is necessary to define “effective”. Testimonials about a programme are useful because it isimportant to know that a programme is running smoothly and that the participants seem to be getting a lotout of the programme. But testimonials are insufficient when it comes to knowing whether or not the
programme is producing change in behaviour or in the factors that mediate or moderate violence.
Various criteria for effectiveness have been proposed. The most stringent include an evaluation of aprogramme using a strong research design, either experimental or quasi-experimental; evidence of asignificant preventive effect; evidence of sustained effects (that is, they are maintained beyond treatment or
participation in the programme); and replication of the programme with demonstrated preventive effects. As
you might expect, few programmes meet all of these criteria.
In the following sections, the term “effective” refers to programmes that have been evaluated with astrong research design and have evidence of a preventive effect; “promising” to programmes that have been
evaluated with a strong design and have some evidence of a preventive effect, but require more testing; and“unclear” to programmes that have either been poorly evaluated or remain largely untested.
A useful way to review what is currently known about the effectiveness of different interventions is toconsider it according to the different levels of influence mentioned earlier, namely the individual; close
relationships; community and society levels of influence.

A. Individual-Level Interventions
Individual-level interventions are those designed to change an individual’s attitudes, beliefs andbehaviours directly. It does not matter where the intervention takes place, if it is designed to change theattitudes, beliefs, and behaviour of an individual directly it is considered an individual-level intervention.
Programmes designed to prevent unintended pregnancies and to get women to seek adequate prenatal
and postnatal care are believed to be key in ensuring better birth outcomes and reducing the risk for childmaltreatment and the early developmental risk factors for youth violence. Both strategies, however, require
more testing, particularly in terms of these outcomes. Interestingly, a year 2000 study by US economists
John Donohue and Steven Levitt5 attributes the more than 50% decline in the US teenage murder rateduring the 1990s to the impact of legalising abortion 20 years earlier, in 1973. Legalized abortion meant
fewer unwanted children, and fewer unwanted children meant that 20 years later there were fewer
individuals with socialization and substance abuse problems, and less violence.
4 This section is adapted from: Dahlberg LL, Butchart A. State of the Science: Violence Prevention Efforts in Developing andDeveloped Countries. In press, Safety Promotion and Injury Control.
5 Donohue J, Levitt S. The Impact of Legalized Abortion on Crime. The Berkeley Law & Economics Working Papers. Volume

2000, Issue 2, 2001 Article 7.

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Preschool enrichment programmes are designed to strengthen bonds to school and to introduce children
early on to the social and behavioural skills necessary for success in school. Long-term follow-up studies ofprototypes of such programmes have found positive benefits including less involvement in violent and otherdelinquent behaviours (e.g. the Perry preschool programme). This is in the promising category because
there have only been a few long-term studies.
Social development/life-skills training programmes are designed to build social, emotional, cognitive andbehavioural competencies. They are often multi-component programmes that help participants manage
anger, resolve conflicts and develop social and other life-skills. These appear to be an effective strategy for
reducing youth violence and have also yielded positive, although short-term, results for dating violence.
Educational incentives for high risk youth to complete schooling are also among the most effective andcost effective approaches to preventing youth violence. A study by the Rand Corporation6 showed that, in
California USA, graduation incentives for high risk youth were 5-7 times more cost-effective in achieving a
10% reduction in violence and crime than increased incarceration.
The evidence for counselling and therapeutic approaches is mixed. Counselling or psychotherapy is notan effective strategy for reducing youth violence. There is, however, some evidence that cognitivebehavioural therapy administered shortly after a sexual assault can hasten the rate of improvement andlessen trauma, and there is evidence that it may be an effective approach in reducing suicide attempts; inboth cases, while promising, the evidence is not conclusive.
Some programmes provide training to police, health care providers, and employers to make them better
able to identify and respond to the different types of violence. Training police has proved largely ineffective
in changing police behaviour primarily because it has not always been accompanied by or reinforced withefforts to change attitudes and organizational culture. In terms of health care providers, training has led tochanges in knowledge and awareness in the short term, but these changes have not always translated into
behavioural change or changes in practice. And there has been little evaluation of programmes for
employers.
Programmes for men who physically and sexually abuse their partners have helped some men modify
their behaviour, but there is generally a very high drop-out rate and many who are referred to these
programmes never complete them. These programmes work best when they continue for longer rather thanshorter periods; change men’s attitudes enough for them to discuss their behaviour; sustain participation,
and work in tandem with a criminal justice system that acts strictly when there are breaches of theconditions of the programme.

B. Relationship-Level Interventions
Relationship-level interventions focus on changing behaviour by influencing close, interpersonal
relationships and proximal environments, such as the family environment.
The evidence for programmes that focus on family relationships and functioning, particularly on family
management, problem-solving, and parenting practices – is quite strong, consistent, and among the best
evidence we have for reducing child maltreatment and other negative outcomes, including youth violence.
The most successful programmes address both the internal dynamics of the family and the family’s capacity
for dealing with external demands. The earlier these programmes are delivered in the child’s life and thelonger their duration, the greater the benefits. Programmes that simply provide parents with information,
however, are not effective.
For child abuse, evaluations of intensive family preservation services (which are geared towards keeping
the family together and providing intensive services over a short period of time) have been limited and theirfindings inconclusive mainly because these programmes offer a large variety of services (making it difficult
to know which are effective) and relatively few studies have included a control group.

6 Greenwood PW et al. (1996). Diverting children from a life of crime: measuring costs and benefits. Santa Monica, CA, The

Rand Corporation.

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A warm and supportive relationship with a positive adult role model is thought to be a protective factor
for youth violence, and some well-designed studies do suggest that this is the case. However, there is also
substantial variability with respect to mentoring programmes and participation by both the mentors and theyouth can be uneven. Negative effects have been reported particularly where there has been little training
and breakdowns in the relationships with mentors.
Peer interventions emphasize modifying behaviour by changing the nature of peer interactions, changing
peer group norms, or redirecting peer group activities. The latter, for example, have been tried with gangs.
There is little evidence to date that these types of approaches are effective in reducing violent behaviour,
particularly as single component programmes. Some have also led to unintended increases in violent
behaviour. One of the failed ingredients in these types of approaches is the mixing of high-risk youth
together – which has had the unintended consequence of increasing cohesiveness and facilitating
delinquency.

C. Community-Level Interventions
Community-level interventions focus on modifying the characteristics of settings that promote violent
behaviour or create the conditions for violence to occur. Interventions at this level also focus on changes toinstitutional environments by means of appropriate policies, guidelines and protocols.
There have been a number of efforts aimed at improving school settings with policies and programmesthat are designed to promote a consistent, pro-social, non-sexually and physically-violent environment inclassrooms and throughout the school. Attention has been paid to classroom management practices,
promotion of cooperative learning techniques, teacher/staffing practices, student monitoring andsupervision, changes to the physical environment, and efforts to increase student engagement, reducebullying, and involve parents/caregivers. And the evidence to date suggests that these types ofenvironmental change programmes are promising. Several have been evaluated with rigorous designs andhave evidence of a preventive effect. Further evidence of sustained effects and replication will place these in
the effective category.
The evidence-base for other settings, however, is less developed. Active screening for abuse – whether
for intimate partner violence, sexual violence, child maltreatment or elderly abuse – is generally consideredgood practice. Unfortunately, little systematic evaluation has been carried out on whether screening forabuse can improve safety and health-seeking behaviour – and if it does, under what conditions.
Efforts to improve workplace, residential and primary care environments by means of appropriate
policies, guidelines, and protocols for identifying and managing abuse and for promoting healthy and nonviolent behaviour have also not been rigorously and systematically evaluated.
More has been done along the lines of changing community attitudes, beliefs, and norms surrounding
violence with the use of public information campaigns. Multi-component prevention campaigns have beenlaunched to address gang violence, bullying, child maltreatment, and domestic and sexual violence. In
general, these types of campaign have increased knowledge and awareness, as well as shifts in social norms
concerning domestic violence and gender relations, and some have led to increases in disclosure of childabuse and sexual offending, but have not consistently led to changes in behaviour.
Other types of community-level interventions focus on community organizing, coordination of services,
proactive policing, increased cohesion among community residents, the density of housing, and theavailability of alcohol. Most have either been poorly evaluated or remain largely untested. Community
coalitions, coordinating councils or interagency forums, for example, have been used to monitor and improve
responses to intimate partner violence. Their aim is to identify and address problems in the provision ofservices, promote good practice through training, and to promote community awareness and prevention
work. This type of intervention has been popular in the United States, Canada, and the United Kingdom andin parts of Latin America. Coalitions have also been put in place to raise awareness about the problem ofyouth violence, and similar coordinated community interventions have been put in place in parts of Africa toaddress child sexual abuse. These types of intervention have seldom been rigorously evaluated and thelimited findings that do exist suggest that the efficacy of the services provided, particularly in the cases ofpartner violence and child abuse, may be more important than the community organizing per se. Efforts to72

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reduce the availability of alcohol, by, for instance, reducing the number of points of sale, the hours of sale,and the price of alcohol show promise in preventing youth violence.

D. Societal-Level Interventions
Societal interventions focus on the cultural, social and economic factors related to violence – addressing
such issues as access to means, gender, economic or educational inequality – and emphasize changes inlegislation, policies, and the larger social and cultural environment to reduce rates of violence.
Measures for reducing access to means include restricting access to guns (e.g., bans on certain types offirearms, waiting periods, rules on licensing and registration, stricter policing of illegal possession andtrafficking of guns, and rules for storing them safely). With suicide, it also includes fencing in high bridges,
limiting access to roofs and high exteriors of tall buildings, automatic shut-off devices for motor vehicles,
restricting access to pesticides and fertilizers, and measures to make prescription drugs safer (e.g.,
packaging and monitoring size and use).
There is some evidence that restricting access to means is effective in reducing suicide. With
interpersonal violence, there have also been a few studies showing a preventive effect. However, a recent
systematic review of all the measures pertaining to firearms found insufficient evidence to conclude whether
or not such measures are effective – citing inconsistencies in the findings and serious methodological flaws
in the studies themselves.
The evidence for legislative and judicial remedies is also mixed. Measures to criminalize abuse by
intimate partners, to broaden the definition of rape, to criminalize the harsh, physical punishment of children
in various settings, and mandatory reporting laws for child and elderly abuse have been instrumental inbringing these issues out in the open and dispelling the notion that violence is a private family matter. In thisregard, they have been very important in shifting social norms. However, the evidence surrounding thedeterrent value of arrest in cases of domestic violence shows that it may be no more effective in reducing
violence than other police responses such as issuing warnings or citations, providing counselling or
separating couples. Some studies have also shown increased abuse following arrest, particularly for
unemployed men and those living in impoverished areas. Protective orders can be useful, but enforcement isuneven and there is evidence that they have little effect on men with serious criminal records. In cases ofrape, reforms related to the admissibility of evidence and removing the requirement for victims’ accounts tobe corroborated have also been useful, but are also ignored in many courts throughout the world.
As for the other societal approaches, much could be done in the way of educational reforms, policychanges to reduce poverty and inequality, and improve support for families. More could also be done interms of changing social and cultural norms around issues of gender and to address racial and ethnic
discrimination and harmful traditional practices. Unfortunately, although critically important, many remain
largely untested ideas.

E. Multi-sectoral Solutions
From this review of the evidence for what works in preventing violence, it is evident that prevention, as
noted earlier, is a multi-sectoral challenge requiring multi-sectoral solutions, and the involvement, among
others of welfare, education, employment, the police, justice, diplomacy and public health. Within this mix of
sectors, the Report shows that the role of public health should be to add value by assisting with:
•
•
•
•
•
•
•

data collection through mortuary, coroner and medical examiner reports, health agency records,
surveys and other surveillance mechanisms;
research into the underlying causes and risk for violence, such as those discussed in this paper;
prevention, by promoting a primary prevention approach and contributing advice on how to design,
implement and disseminate prevention programmes;
evaluation, by applying public health methods to determine the most effective responses;
policy development;
the provision of more effective trauma and health care services for victims of violence; andadvocating for prevention using the information at the health sector’s disposal about the magnitudeof the violence problem and about its preventability.

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VII. GLOBAL CAMPAIGN FOR VIOLENCE PREVENTION
Using data about the magnitude of the violence problem, the public health model for problem
identification, intervention and ongoing monitoring, and the evidence base for prevention described in thepreceding sections, the Global Campaign for Violence Prevention seeks to raise awareness about violence asa major public health problem, including the impact of violence on public health and the role that publichealth can play in the prevention of violence, and to advocate for increased human and financial resources forscience-based violence prevention efforts at local, national and international levels.

A.World Report on Violence and Health Recommendations
At the heart of the campaign are nine recommendations for the prevention of violence made in the World
report on violence and health and taken up in a number of global and regional resolutions and policy papers(see below).
Recommendations one to six focus on country-level actions for prevention and advocate:
1. creating, implementing and monitoring a multi-sectoral national action plan for violence prevention;
2. enhancing capacity for collecting data on violence;
3. defining priorities for and supporting research on the causes, consequences, costs and prevention ofviolence; and4. promoting primary prevention responses;
5. strengthening responses for victims; and6. integrating violence prevention into social and educational policies and thereby promoting genderand social equality.
Recommendations seven to nine promote international prevention actions, advocating:
7. increasing collaboration and exchange of violence prevention information;
8. promoting and monitoring adherence to international treaties, laws and other mechanisms to protect
human rights; and9. seeking practical, internationally-agreed responses to the global drugs trade and the global arms
trade.

B. Country-level Implementation
A major thrust of the campaign is to promote implementation of the recommendations at the countrylevel. To this end, around 60 countries have involved their ministers of health, justice and others sectors innational launches of the report, often in conjunction with policy discussions about how to strengthen
violence prevention activities. Over 70 countries around the world have officially designated senior ministryof health focal points for violence and health; and around 25 countries have or are currently preparing
national reports and plans of action on violence and health.
C. Resolutions and Declarations
These ongoing efforts to secure political commitment by national governments are complemented bywork with global and regional political and professional bodies to encourage the preparation and adoption ofresolutions and declarations that commit signatories to implementing the World report on violence andhealth recommendations. These include resolutions by the World Health Assembly, United Nations
Commission on Human Rights, the African Union, the Council of Europe and the World Medical Association.
D. Visual AwarenessTo assist partners in violence prevention, WHO has published three poster series’ - the “red” series, the“explanations” series, and, launched at the May 2005 World Health Assembly, the “family album” series copies of which are freely available from WHO. For countries interested in customizing the posters bytranslating the text into local languages, WHO will gladly provide the electronic printer files and permission
to adapt and reprint the posters. Currently being edited, WHO has also collaborated with an independent
television producer on production of a 50 minute television documentary on the problem and prevention ofinterpersonal violence.
E. Implementation Tools
The WHO has also prepared a number of documents7 that provide technical guidance on how to
7 All WHO violence prevention documents and posters can be downloaded or ordered, free of charge, from the WHOPrevention of Violence website, at: http://www.who.int/violence_injury_prevention/violence/en/.

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implement the World report on violence and health recommendations, including Preventing violence which
gives step-by-step advice on how to implement the report’s country-level recommendations; a handbook forthe documentation of violence prevention programmes, guidelines for the medico-legal care of sexual
violence victims, and essential trauma care guidelines.

F. Violence Prevention Alliance
The Violence Prevention Alliance is a network of institutions linked by their voluntary adoption of shared
violence prevention principles and policies derived from the World report on violence and health .
Participation is open to WHO Member State governments, nongovernmental and community-basedorganizations, and private, international and intergovernmental agencies working to prevent violence. The
Violence Prevention Alliance activities will expand the number of agencies that apply a public healthapproach to implementing violence prevention programmes and services. It will enhance the impact ofindividual programmes on national and local policy and practice. The Alliance is part of an ongoing effort tointegrate more countries into the Global Campaign for Violence Prevention, while connecting similar groups
at regional and local levels to facilitate better sharing of knowledge.
VIII. CRIMINAL JUSTICE IMPLICATIONSThis final section briefly comments on some of the main implications of the public health approach toviolence prevention for the criminal justice sector’s efforts to deal with violence in general and with childabuse and domestic violence in particular.
First, encyclopaedic reviews of the empirical research on what reduces crime and interpersonal violence
have been completed by a number of governments, intergovernmental agencies and university groups inrecent years. The findings of these reviews are highly convergent and agree with the World report onviolence and health that rates of interpersonal violence can be significantly reduced through well-planned
and multi-sectoral strategies that tackle multiple causes, using frameworks such as the public healthapproach. They are cautious about the extent to which increasing expenditures on policing and corrections
will reduce rates of crime and victimization, particularly because of the costs involved to achieve minimal
returns. The principal conclusions that these reviews draw are that while policing and corrections are an
essential component of prevention, the policing models and types of intervention involved will strongly
determine whether or not they are effective.
Second, the public health approach implies that child abuse and domestic violence are not free standing
problems, but are causally linked to each other and to causes that are shared with other types of violence.
Their prevention is therefore most likely to be achieved through an integrated approach that establishes
information systems, prevention programmes and victim services relevant to all types of violence, andwithin this develops the specialist programmes (e.g. for home visitation and parent training) required toprevent child abuse and domestic violence. The third implication is that primary prevention is only possible
through a multi-sectoral approach. For instance, the health sector has neither the mandate nor theknowledge to implement situational violence prevention measures, such as CCTV monitoring, which must
be the task of the police, and the police are not equipped to design and deliver parent training and home
visitation services, which must be the job of the social welfare sector. The obvious need for different sectors
to deliver the interventions in a coordinated way highlights the need for clear leadership, which, sinceprevention is still new or unknown in many countries, remains critically underdeveloped.
The third and final implication concerns the importance of sharing data and collaborating across sectors inusing data to identify the size and characteristics of the problem, to target interventions, and to provide
ongoing monitoring of the impact of prevention efforts on violence and risk factors for violence. Because
only a partial view of the problem is provided when using data from a single sector (such as the police orhealth services), it is critical to establish an information working group where data from many sectors can bebrought together, analysed and interpreted with a view to informing prevention programming. An
information working group can facilitate the initiation, continuation, and intensification of cross-disciplinary
collaboration on the prevention of interpersonal violence. Once existing sources of data have been identified
and relationships with the responsible agencies fostered through development and limited dissemination of
the initial profile, interested groups can join the multi-sectoral response to the interpersonal violence
problem by participating in the information working group. The information working group must ensure

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widespread dissemination of the information gathered and all reports that are produced. Dissemination can
inform the public about the extent of the problem and the factors affecting it; can raise the political profile ofthe problem within the community; and is essential to ensure that future plans to address it are based on
appropriate evidence. Finally, an ongoing responsibility of the working group will be to critically assess theeffectiveness of the system that has been created, as well as the quality of the data being produced.

IX. CONCLUSION
This paper has reviewed the World report on violence and health’s key finding that violence ispreventable, and has argued that child abuse and domestic violence should be addressed as part of the larger
problem of violence in general. Practical steps to reduce the amount and severity of violence include
preventing unintended pregnancies; strengthening preschool enrichment programmes; providing home
visitation services to high risk parents; training parents in parenting skills; changing community norms
surrounding violence; reducing alcohol availability; enhancing the fairness and efficacy of the criminal justicesystem; improving access to effective emergency medical care and medico-legal services, and reducing
gender, economic and social inequalities.
There are many concrete things that can be done right now to further strengthen national violence
prevention capacity, including appointing a ministerial violence and health focal point; commissioning anational report on violence and health; developing a national plan of action for violence prevention; raisingawareness of the need for violence prevention through a poster campaign, and joining the ViolencePrevention Alliance, whose founding participants include Belgium, Canada, Germany, Jamaica, South Africa,
the US Centres for Disease Control and Prevention and the California Wellness Foundation.
To end, it is useful to recall the words of Nelson Mandela, who in his foreword to the World report onviolence and health, writes: “We must address the root causes of violence. Only then will we transform thepast century’s legacy from a crushing burden into a cautionary lesson”.

76CRIMES AGAINST WOMEN CELLS - THE DELHI POLICE EXPERIENCE
By Ms. Kanwaljit Deol*

I. INTRODUCTION
A steep decline is evident in the male female ratio in India over the last century. It has declined from 972
females for every 1000 males in 1901 to 927 per thousand in 1991. The northern states show even poorer
ratios than the national average. Along with some other countries in South Asia, India must hold itself
accountable for its missing women.
From cradle to grave there is a systematic discrimination against women. Nutrition, health care,education are all withheld or provided grudgingly to daughters. Son preference is expressed in deep rooted
cultural mores: blessings and rituals at a marriage, foods prescribed for pregnant women, condolences at thebirth of a girl child.
Violent crimes against women are both a continuation of the systematic discrimination against womenand its results. The violator feels his acts are socially sanctioned; the evidence is manifest in all that he has
witnessed since childhood. Women must be kept in their place, else some great calamity may befall society.
The falling sex ratio should be of grave concern to law enforcement and criminal justice agencies.
In simple terms who will the extra men find to marry, start a family with, or harass in a domestic
relationship? Will it not lead to greater street crimes, more harassment of women in public places, morerape, and more violence in marriage as husbands strive to keep control of the increasingly rare commoditythat they have managed to secure?
Looked at in this context an emergency response from law enforcement is almost mandatory. The
experience of the Delhi Police that this paper elaborates is one response that has met with some success.
There have been many course corrections along the way and it is clear that the way ahead may call for many
more.

II. ESTABLISHMENTThe Crimes Against Women Cell was set up in 1983 at a central level in the Delhi Police. It was the firstpolice response meant specifically for women in India; and most likely anywhere in the world.
For hitherto, crimes, or other forms of harassment faced by women were handled by the normal police
stations along with other crime and law and order issues.
The need for a gender-specific police response had been felt for some time earlier due to the following
reasons:(i) The status of women was low and there was little inclination among them to take their problems topolice stations staffed largely by male police officers.
(ii) There were specific problems that women faced due to their low social status which could notreceive adequate attention from a largely overworked and understaffed police force.
(iii) It was being recognized that a more sympathetic response was needed in this area than it wasreceiving.
(iv) The sensitiveness of the average police officer when dealing with a harassed and frightened woman
left much to be desired.

* Joint Commissioner of Police, Delhi Police, India.

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III. THE INSTITUTION OF DOWRY
Women’s organizations in Delhi had been lobbying for a more humane approach to crimes against womenfor some time and had even taken their protests to the streets on several occasions. In particular thepernicious influence of Dowry had been receiving vociferous condemnation from these non-governmentalgroups and considerable media support had also been built up.
Dowry demands start at the time a marriage is being fixed up. Parents with sons regard them as a sort ofinvestment from the time of their birth and are hopeful that their boy will bring a rich dowry that will raise
the standard of living of the entire family. Equally, parents with daughters tend to regard them as a disability
and start to collect and save for their marriages from their infancy itself. In North India, in particular, dowry
can be considered as a major reason for son preference and evil practices such as female infanticide, and in
more modern times female foeticide, can be blamed largely on this retrograde social institution.
Once a marriage is performed the problem of dowry is not over, for demands on the bride’s family may
continue in various socially sanctioned forms. Thus, the bride’s family may be required to bring gifts for thegroom and his family at all major festivals such as Diwali, and at landmark family events such as the birth ofa child to the couple, a marriage of a sister-in-law of the bride, or even the death of the father-in-law. The
continuing comfort and status of a woman in her bridal home could often depend on the diligence andgenerosity with which her parents meet these periodic social obligations and many a woman would complainof frequent taunts and threats of divorce when her family had not been able to satisfy the needs of aparticular occasion. There were also complaints that, when these threats did not succeed, the groom and his
family were capable of taking the extreme step of doing away with the bride altogether so that another brideand another dowry could be arranged. The death would be made to look like an accident and the mostcommonly reviled form of such murder was by burning, given that the woman’s responsibilities in the
kitchen could offer many opportunities for such accidents.

IV. THE POLITICAL WILL
How true such allegations were is debatable, but these bride-burning cases, as they came to be called in
the seventies and eighties, rallied many organizations and women’s groups to the cause. All such incidents
received sensational media attention. It is this concerted action and the public outcry that was generated
that was largely responsible for creating the necessary political will to set up a specialized unit to look into
cases of dowry harassment and death. The first such unit set up in Delhi in 1982 was initially named theAnti-Dowry Cell. However it was some time before the necessary resources could be placed at the disposalof the police.
There was already a Dowry Prohibition Act in existence since 1963, that banned the demanding, giving
and taking of dowry, but it was largely without teeth, and has remained more on paper than in practice. The
act exempts gifts given at a wedding from the definition of dowry and requires that all gifts must be
registered. However in a country where it is not mandatory to register marriages, there is little sense inrequiring that marriage gifts be registered. Both the giver and taker of dowry being proscribed effectively
ensures that there will hardly ever be a complainant. Dowry prohibition officers, empowered with initiating
suo moto action, are mandated to be notified in each district but most states have either not notified thesame or have loaded the task on to some already overworked official of the administration. That the act ishardly ever used is an example of how laws enacted for largely cosmetic reasons, without social involvement
and consultation, can remain dead letters.
The first Anti-Dowry Cell was a lean unit, set up by the Delhi Police from within its own resources,
headed by a part-time Deputy Commissioner of Police who held substantive charge of another unit. The
experience of the unit was however to prove invaluable in assessing the need for changes both in the legal
and investigative framework.
The officers of the Cell visited the scene of every case in which a married woman had been burnt andfound that very few, if any, were outright murders for dowry. Rather, there were an inordinate number ofsuicides by women who had been married only a few years and the method of choice was usually burningwith the help of kerosene oil, which was in common use in kitchens around the country.

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Investigations revealed the reasons for these suicides to be harassment within the bridal home usuallyfor material demands which could not be met by the bride’s family, aka, dowry.
The social system frowned on a bride leaving her husband and becoming, afresh, a burden on her parents,
but in the economics of that era women would rarely have much option, as there were few educated working
women of independent means among the lower and middle classes. Traditionally a girl child would beconsidered as ‘paraya dhan’, another’s assets, in her parents’ home. Once they had arranged a suitable matchfor her with an adequate dowry she was only supposed to ever leave her husband’s home when carried toher funeral pyre. Thus suicide was sometimes the only honourable way out.
The Indian Penal Code of 1862 contains a provision for abetment to suicide, section 306 IPC, but it was
not easy to prosecute the members of the grooms’ family for abetment if no overt act to aid the suicide had
been committed. There were judgements at that time to the effect that, unless the accused had handed the
kerosene and matchbox to the victim saying “You should burn yourself”, he or she could not be held as
abettor. The police were hard pressed, therefore, to find the method by which responsibility for these deaths
could be determined in a way that could lead to prosecution.
Moreover, as it became increasingly clear, there were many forms of domestic abuse which might not end
in the death of the wife and might not strictly arise out of demands for dowry. It was also the experience of
the Cell that women complainants and victims needed specialized attention for offences other than dowryharassment and domestic violence, for example rape and sexual abuse. It also became increasingly evident
that the traditional police response of registration of an offence, investigation, arrest and prosecution leftsomething to be desired in many instances where women did not want to send their abusive husbands to jail,but only wanted them to stop the abuse.

V. LEGAL CHANGESThe experiences of the Cell outlined above were to have a direct contribution in engendering several
legal changes between 1983 and 86 and even thereafter. Most important of these was a new provision,section 498 –A, that was added to the Indian Penal Code. Aiming at domestic violence and harassment for
dowry, this provision defines cruelty, physical or mental, within a marriage. Investigation by police withpowers of arrest is incorporated and responsibility can extend to the husband, his parents or other relatives.
The offence is punishable with up to two years imprisonment.
In addition the laws relating to rape were made more stringent with custodial and minor rapes giving riseto presumptions against the accused and resulting in harsher penalties.
Some time later a section on Dowry Death was added. Section 304B IPC made the unnatural death of any
woman within seven years of her marriage a subject of investigation by the police and prosecutable if it was
found that the death was attributable to harassment for dowry by her husband or his family. Such a death was
also made enquirable by an executive magistrate by introducing changes in the Indian Criminal Procedure
Code. It was thereby ensured that no such death would be filed as an accident or suicide without a detailed
enquiry.

VI. CRIMES AGAINST WOMEN CELL
The Cell itself was re-christened as the “Crimes against Women Cell” to reflect the enhanced field of its
activities. In 1986 separate cells on similar lines were set up in each of the nine districts of Delhi. Most
importantly, the central Crimes against Women Cell was provided with enhanced manpower, infrastructure
and responsibilities. Counselling of families became an essential part of the functioning of these cells.
Although this was informal at first, and resented by many as not a police role, it is now a sanctioned activity
with staff being trained for the purpose and receiving support from social workers and recognized nongovernmental agencies.
Other cities and states in India have set up similar units within their police forces with some southernstates experimenting with all-woman police stations to provide a more enabling environment for womencomplainants.

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A. Overview of Activities
Counselling as a Police RoleCounselling is the first response of the Crimes against Women Cells in domestic matters. Many families
in India still continue to live as joint families and counselling often involves other members of the family
besides the immediate protagonists. The aim of counselling continues to be to remove irritants in themarriage, to prevent abuse or to ensure that there is no further abuse, and to secure the position of thewoman in the marriage.
There has been criticism of this approach from several quarters. Some women’s groups in particularwere opposed to the police taking on the role of counsellors on the following grounds:(i) That the police are not trained for the job and have no experience of counselling.
(ii) That there is a traditional patriarchal mind set displayed in trying to keep the marriage intact evenwhen the woman is patently unhappy in it.
(iii) That there is no guarantee that the woman will not be harassed even after the Crime against Women
Cell has closed the case. In fact intervention by police may be ham-handed and result in increased
abuse.
Over the years the police have responded to this criticism by ensuring better training, posting more
women officers into the cells, and involving social workers and NGO’s to assist in counselling and follow-up.
In any case, the police resort to counselling in several routine and on-street situations, and, therefore,cannot be said to be new to the experience. The same argument applies to criticism from within police
circles that the cells may be overstepping the role of the police. The early fear that it would be difficult tostabilize a marriage once a complainant has brought her husband and his family before the police has also
been seen to be largely unfounded. Credit for this must go to the officers of the cell for handling matters
before them with sensitiveness and restraint. Out of the 8310 complaints brought before the central Crimes
Against Women Cell in 2004 almost 2000 have ended in settlements or compromise.
A secondary object of counselling is to ensure that, if a marriage has to be terminated, it does not end to
the detriment of the woman’s rights. Usually being in a weaker economic position than her husband thewoman is likely to end up deprived or inadequately compensated in a civil divorce action.
The Supreme Court of India, in a celebrated judgement, has defined the gifts a woman receives at her
marriage from her own and her in-laws family and from other relatives and friends as her ‘Istridhan’. In otherwords these are her personal assets over which only she has absolute rights. If the marriage is to beterminated, the officers of the Cells try to ensure that she is either given her complete istridhan, or isadequately compensated for the same. As failure to do so would invite criminal action under section 406 IPC
for criminal misappropriation, most husbands would prefer to return all such gifts. In Indian society, these
gifts would generally comprise amounts of gold and precious jewellery of considerable value and in previous
times the husband’s family routinely kept the entire lot. Other concomitants of divorce such as maintenanceand custody can also be worked out between the couple keeping the needs of the woman in mind so that apetition can then be filed in the court for granting divorce by mutual consent, which is quick and largely
painless.
If the couple is unable to conclude the matter in the ways mentioned above over a period of three months
or so, the position is assessed as per the law and a criminal case registered under the relevant sections forharassment, violence, misappropriation, etc. with a charge sheet being filed after investigation. The Crimes
Against Women Cells are not notified as police stations and the cases are registered by the police stations ofjurisdiction. Usually these police stations carry out further investigations, although some important cases
may be investigated by small investigative units attached to the cells themselves.
Needless to state, in matters where prima facie criminal cases are made out or overt violence is evident,
the above process is short-circuited and a criminal case registered at the outset. The wishes of the victim
may not be respected in such cases, although it is usual to first make intensive efforts to secure her consent
for prosecution.
Although no systematic evaluation is available, the process of dealing with domestic discord outlined
above has stood the test of time and overcome most of the criticism directed against it. It has been upheld by80

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several courts and has been widely duplicated all over the country. In the conditions prevailing in India, it
can be said to be the most suitable way of dealing with domestic discord. It ensures, for instance, that
husbands and family members will appear when they are summoned by the police cells, which they may not
do if called by counselling services or other social service groups. It facilitates a conclusion in the woman’s
favour without resort to lengthy court procedures that, due to the time involved if nothing else, are always
against the interests of the woman. Most importantly, it strikes a balance between unnecessarily
criminalizing the domestic arena on the one hand, and totally screening it from intervention on the other.
An overview of the handling of complaints by the Cell over the last three years is offered as anillustration below:

B. Other Activities of the Cell
Although a large part of their time is taken up with domestic cases, the cells also act on complaints ofsexual harassment, sexual abuse, molestation, rape, and other gender related crimes. Investigation of
selected cases is taken up by the officers of the Cell, while the progress of other cases registered by them ismonitored in the police stations where they are under investigation. The central Cell monitors thefunctioning of the district cells through periodic evaluations and meetings although these cells areoperationally under the control of the supervisors of the districts where they are located. Women
complainants have a choice of approaching either the central Cell or one nearer to their homes at the district
centres.
The Crimes Against Women Cell has also developed as a hub for providing non-police services to womencomplainants. Through liaison with psychological and legal counselling services they are in a position toprovide counselling and free legal advice to needy complainants with the help of reputed NGOs.
Organisations such as Swanchetan, a psychological victim counselling service, and Lawyer’s Collective, an
NGO that advises on both civil and criminal legal matters, hold weekly sittings in the premises of the Cell.
The Cell also forwards appropriate cases to Rescue shelters and Short Stay Homes run by the Governmentand by non-governmental agencies.

C. Crisis Intervention Centres
The need for a multi professional approach to victims of crime has been recognized from the very
inception of the Cell. It has been formalized some years ago by setting up Crisis Intervention Centres in all
the nine districts to deal with cases of rape and sexual abuse. As soon as a case of this nature is reported, arepresentative of non-governmental social organizations is associated to assist in the medical examination of
the victim and to provide assistance in treatment for trauma, counselling and rehabilitation. The
investigating officer remains in touch with this representative who also provides the necessary support to81

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the victim right throughout the trial of the case. The Crisis Intervention Centres have been set up with thecooperation of the Delhi State Commission for Women and associate social workers, doctors, lawyers,
psychologists and prosecutors with their functioning.
As far as possible, cases of rape and sexual abuse are assigned to women investigating officers andwomen prosecutors. Three special courts headed by women judges have also been set up to give speedy
attention to these cases, as long delays in prosecution can inflict further trauma on the victims and dissuade
them from testifying in court. The experiment has met with some success in several high profile cases.
However, there is scope for improving and systematizing the process of consultation and providing
incentives to voluntary workers who have to diligently stay the course through sometimes lengthy legal
procedures. Moreover, although women victims are definitely more comfortable with women investigators,
prosecutors and judges, in the long term the need is to ensure sensitization of the large number of men
involved in these professions, rather than limiting the dealing of such cases to women alone.

D. Round the Clock Helpline
A significant service started by the Crimes against Women Cell is a 24 hour helpline that responds tocallers in distress. The helpline number, 1091, is managed by the Police Control Room which receives andmanages all calls for police help. A caller may directly access the helpline or be diverted from one of thegeneral 100 services. A Women Police mobile team is available round the clock at the Crimes against
Women Cell to attend to distress calls received through the helpline or directly in the Cell. The staff
receives continued training in dealing with distress calls, and are equipped both to initiate criminal action
and to provide counselling and other assistance. The team also provides links to emergency support services
such as shelters and short stay homes, besides offering on the spot counselling and legal advice in needy
cases. On an average the helpline receives 11 calls per day, with 4193 calls having been received in 2004.
Reaching out to women is not always easy. Even when women are aware of the services available, they
may be reluctant to seek help or approach the police. Some may not even have access to a phone. In suchcases the Cell provides an alternative through a post box number where women can send mail asking forassistance. The letters are analysed to identify the kind of assistance that is being sought. Action may thenbe initiated or the letters forwarded by the Cell to other concerned agencies.

E. Anti-Eve Teasing Drives
From time to time the Cell undertakes special drives against what is referred to as “Eve Teasing”, but isactually a form of sexual harassment of women and girls on the street or in public transport. The officers of
the Cell may concentrate on areas around women’s colleges and schools or conduct surprise checks inbuses, markets, cinemas, etc. Announcements are made in the buses to make the passengers aware of thespecial drive and to encourage complaints. At other times officers may travel in plainclothes inside buses todetect such cases or women officers may be used as decoys at public places such as bus stops or university
campuses. Sometimes women students who wish to volunteer, are also co-opted for such exercises. Periodic
Contact Programmes are launched in campuses and women’s colleges to work out joint strategies forachieving a more secure environment for the women students. Complaint boxes have been installed in suchcampuses so that girls can complain anonymously if they so desire. This technique has often assisted the
Cell to identify areas of the city that need its focussed attention.
F. Self-Defence Training
One of the most acclaimed projects of the Cell has been the Self Defence Training Camps launched in a
major way in 2002. While the focus of such training has been school and college girls, working women andhousewives have also volunteered in significant numbers for these camps. The objective of the training is toinstil confidence in women and to make them think positive and act quickly in a vulnerable situation. The
curriculum includes simple concepts of unarmed combat coupled with the knowledge of using common
items that the woman may have on her person such as articles of clothing, bags, books, keys, etc. as
defensive weapons. Each module stretches over a period of ten working days with two hours of training perday. After the training accredited non-governmental organizations are invited to interact with the trainees toinform them about their rights and make them legally aware. The programme has trained about 17,000
women so far and is continuing to perform an invaluable service in building police-community relations, andin making women more comfortable and confident in approaching the police with their problems.

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VII. LESSONS BEING LEARNTWhenever any special provisions are made in the law for a particular group or segment of society in adeveloping nation, initial problems take several generalised forms. Firstly, the persons who need theprotection of the specific provision the most urgently often lack awareness of it or are otherwise unable orincapable of taking advantage of it. Thus the battered wife of a poor building labourer, whose likely source ofsuch knowledge is her husband alone, will probably never find out that she is legally empowered to protest
against the abuse. Despite extensive use of the media, posters and pamphlets to publicise the newprovisions, the Cell found it difficult to make a dent until it roped in NGOs to start mass contact and legal
literacy programmes in the poorest areas. In order to ensure better attendance such programmes were often
clubbed with sessions of religious discourses or devotional songs.
Conversely, the persons who will be the first to take advantage of the special provisions will often be
those who do not, in fact, have any need for the provisions. Thus women with the means to secure
expensive legal advice, who may have other problems of a non-abusive nature with their marital lives, will
be quick to produce excellently drafted complaints that fit into the four corners of the law and wrap into its
snare the whole extended families of their husbands. Although the Cell’s systems of counselling and enquiry
are capable of dealing with such false complaints fairly effectively, the dangers of the law getting a bad nameare quite obvious. In an essentially patriarchal society like we have in our country, there will be strong
voices questioning the very basis of a law that is so amenable to misuse. Essentially such misuse arises outof the fact that the civil laws are relatively undeveloped and inefficacious in their operation, and the gap issought to be filled by the convenience of a powerful criminal law. However, instead of calling for better civil
laws, there is a tendency to focus on the misuse of the criminal law and to demand its substantive dilution.
Another area of concern that arises is the effective awareness and sensitization of the various elementsof the criminal justice system. Police officers, lawyers, prosecutors and judges are all equally wary of a lawthat is moving at a faster pace than society. If they are convinced about the need for change, they caneffectively pull society up by its boot straps by the sincere and judicious implementation of the law. If they
are not, on the other hand, they can claim to be only products of society and focus on perceived
imperfections of the law that render it unimplimentable.
So far it would appear that the battle for retraining the system is being gradually won. The domestic
cruelty law has been understood more widely with applicability beyond the area of dowry harassment. There
have been a few carefully worded judgements that have helped to clarify its basic objectives. The police
response outlined above has been supported in many judgements as being in line with these basic
objectives. The difficult area of defining what constitutes criminal psychological cruelty has received
considered judicial attention also, with chronic verbal abuse being classified as one such criteria. However,attention to the crucial factor of training all elements of the criminal justice system cannot be allowed toslacken.
Many police officers observe that the proactive police approach in an area which is essentially a social
concern, has led to other relevant agencies taking a back seat, and that crimes against women are being
viewed as basically a police problem. When, for instance, a sensational rape case leads to widespread police
bashing in the media, internal debate in the police focuses on whether at all the crime was preventable bypolice action. The fact is that in over ninety percent of rapes the accused is known to the victim and may
even be someone whom the victim holds in trust. Many of these are cases of sexual abuse of children by
adult relatives. Without dwelling overmuch on fields of responsibility, one of the issues that can be flagged
here is the need for institutionalizing a multidisciplinary approach so that the expertise of diverse agencies
can be optimally utilized in the interest of crime prevention and victim protection.
A comprehensive Domestic Violence Bill is currently receiving attention in the country. While it can beargued that the legal provisions are already in place in the Penal Code and elsewhere, if the aim could be forthe comprehensive act to focus on institutionalizing a multidisciplinary approach in the interests of thevictim rather than on defining new offences, it would be a step in the right direction. At present the humbler
goal appears to be to merely gather all the offences at one place. This would probably succeed in drawing
greater attention to the area of domestic violence but could conversely lead to confusion for all concerned.

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VIII. CONCLUSIONSThe experience of the Delhi Police is singular and unique in many ways. Yet there are examples that it
can be duplicated in significantly different circumstances in the various states of the country. Law and order
is a state subject in India, but national laws are applicable everywhere, although the details of theirimplementation may vary. The levelling factor of an all-India police service, that provides the supervisory
officers for all states, is also relevant in this context.
A common strategic thread that can be noted is the launching of specific units initially from within the
resources of the existing police force. Once these have met with success and public appreciation, it has notbeen difficult to secure sanctioned resources.
Recruitment and staff training are ongoing issues to which solutions are still in the process of being
found. There is a greater need for women police officers at all ranks and several states have introduced
policies which envisage that a third of their police forces will comprise women. However, most police forces
are reluctant to give up posts of male police officers in exchange, and states are understandably reluctant tosanction large increases ab initio. Currently, women do not comprise more than five percent of the police
forces nationwide; even if a third of all fresh recruitments were to be devoted to women it would take many
years before the composition of the police forces as a whole could reflect that percentage. Added to this is
the reality of many Indian women not seeing the police as an attractive career option and the consequentdifficulty in finding suitable recruits.
Notwithstanding, a point made earlier in this presentation needs repetition. It is not healthy to determinethat only women police officers, women lawyers, women prosecutors or women judges are required to deal
with issues of domestic violence and other crimes against women. The more pressing need is rather to makethe existing criminal justice system more responsive to what is essentially an exploitative situation withsocial, economic, political and other dimensions. Training acquires centre-stage position.
Whether training of a limited duration can actually result in attitudinal change is a debatable point. A
person can be trained fairly easily to operate a space shuttle in comparison with changing an attitude that heor she has acquired over years of ‘socialization’. Training is also time and resource intensive making it
difficult to secure these resources without being able to demonstrate the efficacy of better training in areasonable time frame.
Still, it is possible to end on a hopeful note because the importance of sensitization and training is
gradually receiving recognition in all sectors of the criminal justice system. In a somewhat complex
relationship it has been the setting up of the Crimes against Women Cells itself that has drawn attention to
the inadequacies of training and helped to secure this recognition.

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TRAINING FOR CHANGE
By Ms. Kanwaljit Deol*

I. INTRODUCTION
In a sense women are victims ab initio. Deprived of their share in health, education and economic
opportunity due to their depressed position in society they lack both the knowledge and confidence to seek
protection from the law. A potential perpetrator of a crime perceives this vulnerability and is encouraged tocommit the crime because of it. A rapist can be reasonably sure his victim will be too cowed down anddebilitated by shame to approach the law. A man who beats his wife can be equally certain she has nowhere
to turn to. Law enforcement officials have essentially to understand this. When a woman approaches the law
she is not a victim of the crime alone but has already been doubly or triply victimised in sequence.
With such a perception law enforcement officials would realize that women victims need to be treateddifferently. Delayed reporting by a rape victim, for instance, would be attributable to her fear and sense of
shame and not to the fact that she is not telling the truth. The criminal justice system in its entirety attaches
this latter negative interpretation to delays in reporting a crime, while studies and experience show that arape victim typically goes through many crises of indecision, seeks advice from any source she can trust anddoes not approach the law unless she receives strong support from a relative, friend or NGO who can
accompany her to make a report. There are also the symptoms of the Rape Trauma Syndrome, which arepractically ignored by all players in the criminal justice system.
Sensitisation and attitude training are essential for all wings of the criminal justice system, but the needcannot be overstressed as far as police, the first port of call, so to speak, are concerned. It is not acceptablethat police personnel continue to profess the attitudes of the society from which they are drawn. But it isnatural they do so, and therefore the vital need for training to overhaul attitudes.
The context for this paper is the Indian police and the criminal justice system of India. However, thecomposition and attitudes of the systems, as also the dominant attitudes in societies, are broadly similar
across the world, resulting for instance in domestic violence and child abuse being matters of concern
everywhere. An attempt has also been made to generalize issues wherever possible so that the concepts
touched upon have relevance across national boundaries, more particularly for developing nations.

II. TRAINING FOR ATTITUDE CHANGE
Attitudes are not so easily transformed through formal training. Prescriptive training, the norm in most
initial training courses for police, is effective only in a certain context: that of making the trainees aware of
the laws and giving them the rules of behaviour. The trainees learn what will be expected of them and which
behaviour will be rewarded and which punished.
However, this alone is insufficient to equip them with their professional requirements. The training has
also to convince them that their existing attitudes cannot be stitched on to the job they are required toperform. Better crafted training modules, with inputs from professionals in training psychology and attitudechange, need to be designed and administered at frequent intervals instead of just once or twice in a police
officer’s career. Additionally, police women should also undergo such training as it cannot be assumed thatthey are immune to the stain of the prevailing social attitude on gender issues.
At the recruit level, the trainee must recognize what his or her attitudes are and learn where these
attitudes are coming from. It is mandatory that every trainee also understand what are unacceptable
attitudes.
On the job, the new recruit will face the problems of acting under conditions of stress and overwork,
facing sudden and emergent situations for which no training can adequately equip her or him. Looking to* Joint Commissioner of Police, Delhi Police, India.

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colleagues and seniors for solutions, the recruit will act as they act, and, not before long, will adopt theirunsaid prescriptions that indicate: do what I do, not what I say.
Frequent retraining is therefore essential. Refresher training has the bonus benefit of removing theofficer from the stresses of formulating immediate responses to unforeseen situations, providing a breather
to reflect and evaluate. The officer can be reacquainted with the values that underpin policing and see how
they relate to her or his work from an objective point of view.
Retraining requires more aggressive methods than initial training. By now, the officer is aware thatsociety condones, and even supports in certain situations, many of the attitudes that were explained as
unacceptable during recruit training. In the position of mentor to fresher recruits who are looking up to andfollowing the officer’s lead, there is the sense of self at stake. The officer is older but not much wiser for the
purposes required of him or her. The function of refresher training should be to shake up, to redirect, andideally to lead to a new understanding, initiating a surging sense of renewed growth after a period ofstagnation. The police officer has to be continually lifted above the level of society and out of the static statethat makes the individual feel that the limits of what she or he is capable of have been reached.
The above is true for training of the entire criminal justice system, and indeed for the training of all
public officials, but it cannot be stressed enough for police officers who are in a constant state of engagementwith society and who are looked to for assistance in the most crucial hours of crisis. In internal circles police
officers regularly report feelings of dissatisfaction and frustration at not being able to be the protectors thatthey are intended and expected to be. Society, their peers and superiors, politicians and government areusually held to be the culprits responsible for this inability. It is not the intention of this paper to hold thattraining is a panacea to all these ills but to argue that police training that does not take these feelings into
account is failing both society and the police forces.

III. TRAINING CURRICULUM
In the context of domestic violence, child abuse and other crimes against these vulnerable sections ofsociety a suggested curriculum for training for attitude change can be outlined. That this curriculum is not
exclusive to police training needs emphasis, for attitude change is a requirement in the present context in allwings of the criminal justice system. Further there are other agencies of government, specifically those that
address issues relating to welfare, development, health and education, which could benefit from both thetraining content and methodology that is suggested. However this aspect will be addressed in some detaillater.
In outline the training curriculum should include the following at both initial and refresher stages:(i) Gender awareness and sensitization;(ii) Human rights and crimes against women;(iii) Where violence is coming from – the roots of gender violence, specific to a particular society andgeneralized to the world situation; and(iv) The crucial role of law enforcement and other elements of the criminal justice system.
The rest of this paper will elaborate on each of these issues suggesting the general content that can besuitably tailored according to the society and the organization being addressed. In addition a final section willaddress strategies that can be adopted to initiate change.

IV. GENDER AND TRAINING
A. What is Gender
Gender is not another word for sexual difference, but a socially constructed difference between womenand men, a difference that reflects each society’s interpretation of biological difference. People are born
female or male, but learn to be girls and boys who grow into women and men. They are taught what theappropriate behaviour and attitudes, roles and activities are for them, and how they should relate to otherpeople. This learned behaviour is what makes up gender identity, and determines gender roles.

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This conceptual difference between sex and gender was first developed by Anne Oakley1. It is a useful
analytical tool to clarify ideas that has now been adopted almost universally. Sex is concerned with biology
whereas gender is socially and psychologically, and that means also historically and culturally, determined.
Gender relations refer to the socially ordered relationship between women and men, men and men,
women and women, at different ages and stages of the life-cycle. Together, these help to turn biologicallydifferent males and females into socially differentiated men and women, through the acquisition of culturally
defined attributes of masculinity and femininity, as well as through the allocation of resources andresponsibilities which are associated with these categories. It is important to note that gender relations varywith society and culture, indeed these two are together the essential determinants of what is referred to as
gender.

B. Gender Perspectives
A perspective that often appears gender neutral, in that it does not specify any particular gender, butwhich takes the life experiences, needs, interests and constraints of the male social actor as the standard one
and therefore representative of both genders can be classified as gender- blind.2 It is not blind in the sensethat justice is said to be blind, for one of the scales is invisibly loaded.
As opposed to this we may consider a gender-aware perspective as one that accepts that men and womenof the same class, and even within the same house, may have some overlapping needs and interests but that
their differing life experiences and the unequal distribution of resources and responsibilities between themwill also give them gender-specific needs and interests which may conflict.

C. Gender Implications
The social construct of gender differentiated roles has profound implications for women. In relation towork both men and women may contribute to production of goods and services or to community and public
life, but tasks associated with the reproduction of society, such as ensuring basic needs at the family level,
are almost always managed exclusively by women. Women have longer working days than men the world
over.
Women’s work is also devalued so that even a woman who labours all day in the household is likely to sayof herself “Oh, I don’t work.”
The oft quoted UN statistics3 still hold true:• women perform 2/3rd of the world’s work
• women earn 1/10th of the world’s income• women are 2/3rd of the world’s illiterate• women own less than 1/100th of the world’s property
Despite national and international human rights laws that guarantee equal rights irrespective of sex,
women do not possess equal rights to men with regard to land, property, mobility, educational andemployment opportunities, shelter, food, health, over decisions concerning their children or even over theirown bodies. In many cultures across the world women’s bodies are ritually maimed and mutilated andwomen are customarily beaten and even murdered in the name of culture and tradition.
Gender oppression takes a multitude of forms and adds another dimension to oppression based on race,
ethnicity, religion, class and caste. On the road to social equity, gender is the last barrier, because it involves
transformation of attitudes and practices in all societies, for all people: it touches all of us, deep down to ourmost intimate relationships. For this reason perhaps, it arouses very strong feelings among both men andwomen and these feelings are often brought out by gender awareness training.
The reality is that legislators as makers of law, and agencies of the criminal justice system as its
enforcers, are predominantly male and likely to be imbued with conventional ideas about the rights and
1 See ‘Why gender is a development issue’ by April Brett in Changing Perceptions, Oxfam.
2 ‘Towards a Sensitive Work Culture’ National Centre for Gender Training, LBS National Academy of Administration,

Mussoorie, India.
3 Source: The Oxfam Gender Training Manual.

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status of women, so it is not surprising that their attitudes and actions are often found to be insensitive toproblems affecting women. Quite often, therefore, the laws are deficient from the point of view of women’s
needs. Many laws intended for the benefit of women, may turn out to have only cosmetic value because they
have been framed from a gender-blind perspective. Legal procedures are too complex and protracted andimplementation of protective legal provisions tardy and inadequate. Besides, the many infringements ofwomen’s dignity and autonomy that are implicit in the realm of personal laws are beyond the pale of public
action.
“Women too have their weaknesses,” is a comment rather regularly heard from male officers undergoing
Gender Awareness training. They will then point to lack of education, legal awareness, confidence andstaying power, etc.
“So who’s responsible for that?” the trainer will ask.

V. HUMAN RIGHTS AND CRIMES AGAINST WOMEN
Crimes that specifically target women, such as trafficking, rape, kidnapping, dowry death and domestic
violence, sexual harassment and molestation, are all more than crimes because they also assault the humanrights of women. They violate the fundamental rights enshrined in our constitution, as each offence deprives
a section of the population of security of life and limb and the basic dignity due to them as members ofsociety. This fact that violence against women violates a woman’s fundamental human rights has not been so
widely recognized and needs to be underlined. It is surprising that even CEDAW, the UN Convention which
recognizes the need to eliminate all forms of discrimination – political, social, economic and cultural –against women, makes no mention of eradicating all forms of violence against women.
Among all crimes, the most heinous are perhaps rape and domestic violence. The first, because thethreat of rape seriously retards individual potential by clipping the wings of a girl ready to take flight into
freedom and achievement. It cripples her mentally and hurts her physically in ways beyond the imaginationof anyone. The fear of rape alone makes it difficult for a young girl to share the freedoms her brothers, forinstance, may enjoy. It intrudes in numerous ways into the dreams she may dream for herself. The second,
because domestic violence provides an entry for fear to creep insidiously through the keyhole of the very
last bastion of her security - her home. It denies the woman respect and dignity even in her own mostpristine and intimate space. In addition it presents her as a helpless victim in front of her children,
diminishes her parental authority and damages the children themselves in many ways that we cannot even
begin to assess.
A study4 based on data on crimes against women maintained by the National Crime Record Bureau ofIndia, which collects crime figures down to the basic administrative unit of the district, reports some
important findings. It would appear that early and continuous deprivation of basic rights suffered by girlchildren is likely to lead to more heinous forms of violence when they become adults. There are indications
that states having high rates for domestic violence and dowry deaths also usually have a low female-maleratio, especially in the crucial 0-6 year age group. The state of Punjab in north India, for instance, which has
comparatively low rates for all other crimes against women, had one of the highest rates of dowry deaths.
This probably explains the high rate of female foeticide in Punjab, which, although successfully evaded in all
crime recording, shows itself through the lowest female-male ratio in all age groups and typically in the 0-6
age group where it is most significant, as the author of the study notes.
Most of the districts with high rates of rape seem to have low dowry death rates and vice versa. As theauthor of the study comments rather chillingly, ‘Those women who seek to come out of the boundary wallsof domestic life, face violence outside, while those who seek to remain inside, face dowry deaths’.
When a woman approaches the criminal justice system, she does so wearing an invisible badge that wewould recognize as a badge of both shame and courage, if we could only see it. Consider that:• Violence against women can begin even before life begins.
• Violence scars the childhood of girls in the shape of child abuse and incest, child prostitution, and4 See Leela Mehendale, ‘Crime, Women and Justice Delivery: Numbers Speak’, Mainstream, 12.1.2001.

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exploitative child labour.
It bars her from the street and public places as a teenager and young woman.
It follows her into marriage and family life. In most cultures only the tip of this iceberg has begun
gradually to emerge.
Finally, it can culminate in murder or suicide as evidenced in dowry deaths, or honour killings notedin other Asian cultures.

The latest advances in medical technology are used to wreak violence on the unborn female foetus(femicide). And, even after half a century of independence, it has not been possible to entirely wipe out
female infanticide and abandonment of female new-borns. Indeed, certain districts of the otherwise
progressive Tamil Nadu state in southern India, such as the district of Salem, are notorious for the killing ofgirl babies.
Female foeticide over the last 15 years has distorted male/female sex ratios at birth (SRB) in several
Asian countries. Along with East Asia, North Africa and West Asia, the societies in the Indian subcontinent
exhibit a strong preference for sons over daughters. China adopted a ‘one child family’ norm in 1979 and thephenomenon of millions of ‘missing girls’ was recognised by the early 1990s. A study in 19945 reported
female foeticide to be a major cause of this imbalance. As fertility rates declined rapidly in east Asian
countries (South Korea, Taiwan, Hong Kong), selective abortion of female foetuses increased, leading torising sex ratios at birth over the last 10 years6.
Transfer of reproductive technology to India has resulted in reinforcement of patriarchal values, withparents tending to choose the sex of the next child basing their calculations on the birth order, sex sequenceof previous children and the number of surviving sons. Foetal sex determination clinics have mushroomed
over the last 20 years from the late eighties, especially in many northern and western cities, as professional
medical organizations have seemed to be indifferent to the ethical dimensions. (Indian medical researchers
who pioneered amniocentesis in 1975, felt that it would assist those women who keep on reproducing just to
have a son, and also aid measures for population control).
The population sex ratio which was 1.03 in the 1901 census rose relatively consistently to 1.08 in 1991.
Although there is no reliable data for the incidence of female foeticide, the Central Committee on Sex
Determination described it as an epidemic across the length and breadth of the country7. A rough estimateof female foeticide and direct infanticide together, obtained by indirect demographic techniques on census
data, is 1.2 million ‘missing girls’ in India during 1981-91. But, as most of the selective abortions occurred
during the second half of the nineties, it was predicted that we should expect to see more. In 2000 a national
daily8 reported: “Femicide is gaining in popularity. Banned in government hospitals it is clandestinely
available in mushrooming private clinics and is justified even by some family planning officials as an effective
method of birth control in a country with a strong son preference. Nearly two million foetuses are assessedby NGOs to be aborted each year. In some states like Bihar the sex ratio has declined to 600 females per
thousand males. Demographic surveys undertaken by several research bodies indicate that the issue of
female infanticide has been further vitiated by prenatal sex determination shops”.
In rural areas access for rural populations to sex determination shops enhanced substantially after
sophisticated ultrasound machines, portable by car along untarred roads, became widely available in India
from the early nineties. But a comparative study of the 1981 and 1991 Indian censuses was already showing
a marked shift towards excess masculinity of SRB in 1991 in the rural areas of north and north-west India.
An empirical study9 reveals that part of the increase may reflect discrimination against girls following foetal
sex determination of the place of birth. Male babies may be given the privilege of safer hospital deliveries,
while for females, delivery at home in the village is considered adequate.
Some professionals hoped that the national law against Sex Determination Tests (SDT) passed in 1994,
5 Coake and Banister, 1994.
6 Park and Cho, 1995.
7 National Commission for Women 1994.
8 The Times of India (P), 6.2.2000.
9 George, Sabu M; Dahiya, Ranbir, S.: Female Foeticide in Rural Haryana, Economic and Political Weekly, Aug 1998.

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will prevent female foeticide. But the experience of the state of Maharashtra, where a similar law has beenin place since 1988, does not give much hope. Before the legislation, in Bombay city alone, the number of
STD clinics went up from 10 to 248 during the period between 1982 and 87. After the legislation the practicejust went underground, and over the last 10 years, not even one doctor has been penalised for breaking thelaw10.
On another plane, the Human Rights Watch, an independent international organization set up in Helsinkiin 1978, has gathered evidence of ‘epidemic levels of violence against women and rampant sex
discrimination’ around the world11. The evidence shows a striking commonality in women’s vulnerability toviolence across cultures and countries, with sexual assault being its ‘most visible and least condemned
expression’. It points out that, while on the one hand sexual abuse is looked upon as a private matter ofindividual concern, on the other hand the priority given to women’s ‘purity’ and ‘honour’ make them targets
for violence directed, through them, against their families or against the communities to which they belong.
How the world can be so ‘modern’ and so primitive in its ideas about sexual abuse, in the same thought as it
were, can never cease to amaze.

VI. THE ROOTS OF VIOLENCE
When we try to unravel the roots of this gender-based violence, we realize that violence has always beena tool for exercising domination and appropriating control in a particular situation, or at a particular time, orin a particular sphere in life. In the domestic sphere too then, violence must be a means for domination andcontrol – of women’s bodies, their labour, their assets and their mobility and on another plane, of theiremotions, ideas and attitudes. Male violence generates an over-all climate of fear which then succeeds in
imposing the values of male superiority and female subordination. According to one view12, ‘ Far from being
abnormal behaviour, the violence of men towards the women they live with, should rather be seen as anextreme form of normality, an exaggeration of how society expects men to behave… it is concerned with thewider issues to do with power and equity and to do with how we perceive manhood.”A tendency to justify and condone the violence, and thus mitigate criticism and punishment has been
noted, at least in the Indian context. The battered woman may be projected as mentally ill, morally depraved,or even some sort of a witch; the man as a helpless victim of poverty or driven beyond his control by drugs
or alcohol.
The need to prove the guilt of the offender beyond reasonable doubt, which is the cornerstone of the
Indian criminal justice system, can often translate into what is reasonable for the individual judge.
Sometimes researchers detect a conscious or unconscious philosophy to be working even in the judgementsof the highest court of appeal: that of protecting the privacy of the home and family honour at any cost. In
one case13 in a charge of murder of a housewife the court ruled that the husband’s guilt could not be proved
beyond reasonable doubt as the woman may well have committed suicide out of depression.
A large body of national and state-level data related to domestic violence became available through thesecond National Family Health Survey of 1996-98 (NFHS 2). The survey reports that at least one in five of
all ever-married women above the age of 15 years experienced physical violence and at least one in nine
reported experiencing it in the 12 months immediately preceding the survey. Secondly, the beatings weretypically administered by their husbands. Thirdly, domestic violence appears to be ‘democratic’- in that it
cuts across religion, community, the rural-urban divide, even women’s employment status.
The findings of the survey expose some commonly held beliefs as myths:• That wife battering affects only small groups of the population

10 ibid.
11 The Human Rights Watch, Report on Women’s Human Rights, OUP, Delhi, 1998.
12 Elizabeth Wilson, ‘What is to be done about Violence against Women?’ as cited in ‘Indian Women: From Darkness toLight….’, Shoma Chatterjee, Calcutta, 2000.
13 Flavia Agnes, ‘Protecting Women against Violence? Review of a Decade of Legislation’, as cited in Dr. Mukul Mukherjee,‘Human Rights and Gender Issues’, Institute of Social Sciences, N. Delhi.

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Only poor women get battered
Battered women are uneducatedBattered women are free to leave home

The NFSH 2 also collected data on women’s perceptions about the legitimacy of husbands beating theirwives. A substantial proportion of the women surveyed, between 33 to 40%, felt that a husband would bejustified in beating his wife if there is a particular lapse on her part, such as neglecting the home or children,
going out without informing the husband, being unfaithful, showing disrespect to in-laws or not cooking
properly. Over-all almost three out of every five women surveyed, 56%, justified domestic violence on one
or the other grounds mentioned above.
The NFHS 2 report14 comments: ‘The experience of violence, and the silent acceptance of violence by
women, undermine attempts to empower and will continue to be barriers to the achievement ofdemographic, health and socio-economic goals.’
Let us look for a moment at this ‘silent acceptance of violence’ by women. An aspect of the power
structures operative in society is explicated by Lukes15. “The most insidious exercise of power” he says,“…. (is) by shaping perceptions, cognition and preferences in such a way that they can see or imagine noalternative to it, or because they see it as natural and unchangeable, or because it is divinely ordained andbeneficial.”
Police officers dealing with cases of domestic violence report similar perplexities all the time, such as abattered woman justifying a previous beating as of no consequence with the explanation that she had
forgotten to put salt in the food on that occasion.

VII. THE IMPORTANT ROLE OF THE CRIMINAL JUSTICE SYSTEM
A. Domestic Violence
Domestic Violence is not a private issue but a violation of the fundamental rights of women. Domestic
violence, or its threat, could affect the right to equality, livelihood, life and liberty, speech and expression,mobility, freedom of religion, education and to form associations of the victims. As the state is responsible
for the protection of the fundamental rights of the individual, their infringement, and the failure of the state
to take steps for its prevention and punishment, would make the state liable for the acts and omissions of its
agents. Thus, apart from its role in the maintenance of law and order, the criminal justice system is an agent
with liability of rights delivery through social justice and empowerment in cases of domestic violence.
The rising trends in crimes against women, as well as a low conviction rate, at least 10% less for rape, forinstance, than for all crimes at the all-India level, both imply constriction of women’s human rights.
Some of the reasons for the acquittals in cases of violence against women are attributable to failures ininvestigation by the police, and a rough check-list can be drawn up to suggest how one should overcome
these:• Initial efforts at counselling should be recorded and documents preserved to be used later if the casetakes a serious turn, even in cases where there is a settlement.
•

Delays in recording the First Information Report (FIR) should be explained.

•

Specific role of each accused should be mentioned•

Statements of witnesses should not be recorded in a stereotypical fashion. The evidence ofneighbours is important. Special precautions should be taken while recording dying declarations.

•

The quality of photographs and forensic evidence should be improved and the chain of evidence
should be meticulously preserved.

14 National Family Health Survey: 1998-99 – India, (NFHS2, All-India Report) 2000.
15 S. Lukes, Power: A Radical View, Macmillan, London, 1974.

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On the legislative side we need to look at the gender perspective of laws on Domestic Violence. Critics ofthe draft Domestic Violence Bill before the Indian Parliament point out that:• It protects only women related by blood, marriage or adoption but not those in common law
relationships or otherwise living in intimacy with the man.
•

There is a risk and ambiguity inherent in the key phrase ‘habitual violence’ that is the object ofpunishment, and that it may furnish an easy escape route to the accused.

•

The self-defence clause which provides for the right to self-defence on grounds of self-protection orprotection of property is completely misplaced.

The delivery of justice by the courts also needs to address both attitudes and procedures:• Judicial standards such as the test of a “reasonable prudent man” reflect the subjective standards ofmostly male judges, and there is a need for greater gender sensitivity in dealing with cases ofdomestic violence.
•

There is a crying need for a coordinated approach to both civil and criminal remedies. Civil remedies
such as injunctions, perpetual and temporary, preventive and mandatory, can be obtained asking forvarious relief such as restraint orders against abuse/molestation, ousting the woman from thematrimonial home or creating any third party rights on it and directing the husband to allow entry
into the matrimonial home and visitation rights of children, etc.

•

Matrimonial proceedings such as divorce, maintenance, judicial separation, restitution of conjugal
rights and custody are also relevant. Damages can also be claimed on various counts.

•

The difficulties in obtaining such civil relief which are long and time consuming and involve paymentof court and lawyer’s fees. Protection orders are also difficult to obtain, are not granted immediately
and, in case of failure of compliance, need separate contempt or execution proceedings to be filed.

It needs to be pointed out that training of lawyers has hardly ever been addressed and that curricula inlaw schools, as well as professional councils, should be required to cover gender sensitization andprofessional ethics.

B. Rape and Sexual Abuse
Rape investigation is one of the most challenging and frustrating responsibilities that a police officer canundertake. The major task is to prove that the sexual act occurred by force and without consent. When thevictim has been beaten into insensibility, or otherwise injured there may be not much difficulty in proving
lack of consent but it is more usual to find that the victim was threatened with a weapon or was paralysed byfear into submission and no actual physical injury was inflicted on her. Relatively recent studies by
behavioural scientists have, however, identified certain stress reactions in victims which may be linked tothe crime of rape and thus serve as a basis for corroborating their testimony. It is essential therefore that theinvestigator be trained to recognize such reactions and be familiar with ways to develop and document such
stress related evidence. Other players in the criminal justice system should also be familiarized with such
evidence that can substantiate the victim’s testimony when more traditional evidence is not available.
The source of most psychological evidence of force lies in the victim’s reactions after the incident andpresents so specific a pattern that it has been named the Rape Trauma Syndrome by the first mental healthresearchers who studied the problem. It consists of somatic, cognitive, psychological and behaviouralsymptoms resulting from an active stress reaction to a life threatening situation and it usually has twophases. The first phase begins immediately after the threat to the victim is over, and is characterized bydisorganization with the victim experiencing alternating feelings of shock and fear. She then usuallydevelops one of two forms of coping – an expressed style in which she may display her feelings by crying,sobbing, smiling or laughing and be restless and tense. Alternatively, she may display a controlled style ofcoping, appearing calm and composed. I have seen both reactions and regret that I was not trained torecognize them at that time.
The second phase is the reorganizing phase when the victim will try to cope with the rape and assure
herself that she will not suffer it again, and this phase typically begins two to three weeks after the incident.

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Collecting rape evidence should thus entail questioning the victims about her feelings and reactions
besides the basic facts and should be followed by a second interview two to three weeks after the incident. A
third interview should follow after 45 days before closing the investigation. At all times informationconsistent with the rape trauma syndrome should be clearly documented.
The Rape Trauma Syndrome is a specific sub-set of the general category of Post-Traumatic Stressdisorder. It is characterized by recurrent and intrusive recollections or dreams of the event. As the victim
adjusts to the trauma, the theme of the dreams may change to one in which she is able to gain mastery of thesituation, or even mutilate or kill her assailant. Further symptoms may involve sudden acting or feeling thatthe event was recurring because of an association with an environmental or ideational stimulus, markedly
diminished interest in one or more significant activities, feelings of detachment or estrangement fromothers, constricted or withdrawal from life effects, hyper-alertness or exaggerated startle responses, sleep
disturbance, guilt, memory impairment, avoidance of activities that arouse recollections of the event, etc.
Loss of appetite, depression, excitability and nausea are further symptoms. In the reorganization phase thevictim may change her residence, or, as documented in one case, disappear altogether.
While it is not suggested that police officers should attempt to make diagnoses they are not qualified tomake, an ongoing consultation with a qualified mental health professional who can testify in court isrecommended. However, the need to ensure that training encompasses these behavioural aspects both toensure sensitive handling of the victim and to not miss essential evidence cannot be overstressed. The
police officer should also be aware that the victim may not share his or her priorities and may, in fact,
abandon the process of evidence gathering altogether.
While we have had some judgements convicting the accused on the uncorroborated testimony of thevictim, applying gender analysis to these always brings out the fact that the judge has held that the victim
would not suffer the harm to her honour and future life by bringing a false accusation. While this may be arealistic assessment, one cringes at the implication that rape is still considered as an offence injuring thevictim’s honour rather than her person and her sense of self. Many victims never recover from the physicaland psychological effects, and quite a few choose suicide as an escape.
The position of section 376, the offence of rape, in the Indian Penal Code is illustrative of this attitude,
coming at the very end of the chapter on crimes against the body that starts with murder at section 300, andgoes through the entire gamut of bodily injury with grievous hurt at section 325. Only two places removed
from section 379, the offence of theft, which starts the chapter on crimes relating to property. The mind setof the early lawmakers that women are closely akin to property and that rape damages the property owner:
the husband, father or brother, rather than the woman herself, is inescapable. There is no reason why thisshould not be changed, and sufficient reason to infer that placing it directly after the offence of murder willemphasise its gravity in the eyes of all who study and apply the law.

VIII. STRATEGIES FOR CHANGE
Organizational Change
The organizational culture of any agency is a strong binding factor that assists each individual member tocontribute effectively to the common goal. However, it can also act as an obstacle to change and is aparticularly pervasive stumbling block to change of attitudes. Police, para-military and armed force
organizations that require a high degree of individual commitment have correspondingly more powerfulorganizational cultures that are highly resistant to change. Commitment to change at the highest levels istherefore a definite plus. One of the advantages of constant interaction with the community, which mostpolice forces will have regardless of whether definite policies are in place to this end, is that thiscommitment can be secured more easily if influential and respected members of the community outside thepolice are also convinced of the need for change.
Almost everyone recognizes the need for more women police officers. Their importance, however,extends beyond the role of reporting and investigating officers with whom women and child victims are more
comfortable. It is their ability to foster organisational change in the police forces, a most difficult and crucialtask, which is invaluable and which requires to be focused on.

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A certain critical mass of agents of change is necessary in an organisation before the culture begins to
respond to their influence. Small numbers on the other hand are prone to succumb to the dominant culture,sometimes even supporting it with greater vigour than the majority elements in a bid to gain acceptability
and approval. It is for this reason that some women complainants may articulate that they have found more
sympathy from male rather than female police officers.
The critical mass recommended is at least a third of the organizational strength. The difficulties inachieving such numbers are not insurmountable, but as they also involve reserving posts that could go tomen for women, there is considerable reluctance among police managers to accept modifications in
recruitment policies.
One of the results of low numbers of women police officers is that women may be marginalized into ‘soft’jobs; the inference that women are unsuitable for tough police duties thus becomes self-perpetuating. Even
specialist duties such as handling women and child complainants, or deployment at reporting desks in police
stations can become identified as ‘soft’ in this context. Mainstreaming of women officers and posting suitablytrained male police officers to posts like the ones mentioned is an important step towards change inorganizational culture as well as in ensuring that the needs of women and children are not themselves
marginalized.
It is also essential to improve the environment for women in the police organization so that the situationof carrying women vacancies or not finding suitable women recruits is mitigated.

IX. BUILDING PARTNERSHIPS
Empowerment, the process by which the powerless gain greater control over the circumstances of theirlives, has to be seen as a primary stepping stone for the realization of women’s human rights. It includes
greater control not only over tangible and intangible resources (physical, human, intellectual, financial) but
also over ideology (beliefs, values and attitudes).Women’s ability to make choices and decisions must extend
to all walks of life - family, household, community, and society as a whole.
A National Policy for the Empowerment of Women was announced by the Government of India in 2001.
On violence against women the policy states, “All forms of violence against women, physical or mental,
whether at domestic or societal levels, including those arising from customs, traditions or accepted
practices, shall be dealt with effectively with a view to eliminating its incidence. Institutions andmechanisms/schemes for assistance will be created and strengthened for the prevention of such violence. A
special emphasis will also be laid on programmes and measures to deal with trafficking in women and girls’.
(para. 7.1).
On the rights of the girl child, the policy says ‘All forms of discrimination against the girl child andviolation of her rights shall be eliminated by undertaking strict measures, both preventive and punitive,
within and outside the family. These would relate specifically to strict enforcement of laws against prenatal
sex selection and the practices of female foeticide, female infanticide, child marriage, child abuse and childprostitution, etc. In implementing programmes for eliminating child labour, there will be special focus on girlchildren’.
The relevance of the policy can be judged not just by the comprehensiveness of its objectives but moreby the efficacy with which it is translates into practice and achieves results in a reasonable time span.
The unfinished task of building a well-extended, responsive and humane infrastructure geared to theneeds of women in distress needs to be acknowledged and pursued in a coordinated manner. This includes
setting up special courts/judicial bodies and legal aid services for speedy disposal of cases of human rights
violations, arrangements for interim relief for affected women such as financial assistance and rescue homes,
and arrangements for educational and vocational training so that they can be economically self-reliant and ina better position to access their rights.
A critical point can be made with regard to infrastructural and other support for the lot of victims of crimein general. The criminal justice system is prosecution oriented and has little scope for victim support. Other94

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agencies, where such support could be based are usually not adequately engaged by the criminal justicesystem. For women victims, burdened as they are by restricted choices, this issue requires more pertinence,
and alternatives have to be created for them. It should not be the lot of victims of domestic abuse, forexample, to stay on and suffer because there is nowhere else to go. Law enforcement agencies themselves
are often at a loss in the absence of such support.
A victim-centred multidisciplinary approach which enables inputs from police, medical, legal, social andvoluntary services would be ideal to fill in this major void. It is surprising how quickly sound partnerships
can be forged once common goals and their importance are acknowledged. A common goal of victim support
can well lead to other areas of concern, such as the long delays endemic in the judicial systems in the
country being highlighted for action. Judicial delays work against the interests of all victims and women
victims in particular, and efforts to reduce these would yield the best results when addressed in acoordinated manner. Various initiatives to reduce these delays are underway in India and the need forsupport from all agencies concerned can hardly be over emphasized.
Another unexpected windfall from forging partnerships can be to find how strong individual organizational
cultures can become receptive to change and how the talents and competencies of one organization can flow
in to fill gaps in another.

X. INNOVATIVE TRAINING STRATEGIES
Training methodology is almost as important as training content. Creating empathy, i.e. putting oneself inthe victim’s place is seminal to creating a gender aware perspective. Role play as an innovative form of
training that can be very effective in creating this internalization of the victim’s needs and teaching theofficer the correct way to respond to them. I can do no better than to quote briefly from a report on one suchrole play exercise.
‘He is the woman complainant approaching a co-trainee who is the duty officer in the reporting room. He
complains of beating by his (her) husband. The reporting officer, aware that he is under observation, starts
off very polite and considerate but things soon begin to go wrong. The complainant is taking her job too
seriously and the reporting officer is beginning to lose his temper with her inability to state clearly what it isshe desires or expects him to do.
“What did you do to make him beat you?” he finally says in exasperation.’
A video or other audio visual training aid can serve the place of weeks of lectures.
The most effective of these was a training video that contained the simple testimony of an American malepolice patrol officer who had had the bad luck to be in the wrong place at the wrong time. As he cruised
slowly down a main road he observed a garbage can that was lying squarely in the middle of a side road andturned his patrol car up the alley. As he leaned over to remove the can he felt a gun thrust into his spine andtwo big men abusively order him to remain as he was and lower his pants. He was then raped by both men
and forced to perform other sexual acts that he related plainly in the language of his assailants. His feelingsat the time and the physical revulsion that he felt are also related in a similar manner.
Eventually he was freed and returned to the precinct where he was allocated to make a report. He thendescribes his treatment at the hospital where he is called up out of a line up, is sure that everyone present
there knows exactly what has happened to him and that they are all staring at him and whispering amongst
themselves. The pain of the medical comes next and then the finishing coup.
Returning to the precinct he feels all his colleagues are uncomfortable, will not meet his eye. Finally twoof his best buddies come up to him. One of them puts an arm on his shoulder and says, “Hey George, did you
know these guys from before or what?”

XI. CONCLUSION
Domestic violence is an issue pertaining to both men and women and has to be addressed with both ofthem. By this we cannot mean just the victim and the perpetrator, but law enforcement and other authorities

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who have a role to play, as well as the community and elements of society who are in a sense the context inwhich the tragedy of violence plays itself out.
A predilection for tokenism has to be avoided when framing laws and policies towards addressing such
issues, no matter what the pressures for quick action are. As a former President of India said, “Before wecan address ourselves to legal enactments for the prevention of oppression and the protection of the rights
of women, we have to fight the attitude and atmosphere of prejudice against and neglect towards women”.
Of course when legal or other change is mooted in this sphere one has to contend with the difficulty ofbalancing the need to strengthen social institutions such as marriage and the family with the individual’s
rights for justice, equality and recognition. This would bring us full circle to the beginning, the introduction
to this paper that observes how women are more heavily victimized because of social attitudes and neglectof their rights. The criminal justice system possesses the inherent power to make a significant difference ininitiating gender related changes in social institutions by first changing itself. As a law enforcer I feel wehave to understand that and provide, in mitigation and response, a far more humane and sensitive approachto the women among the victims.

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A COMPREHENSIVE APPROACH TO PREVENTION OF CHILD
MALTREATMENT IN THE PHILIPPINES: BUILDING PARTNERSHIPSAMONG AGENCIES, ORGANIZATIONS AND THE COMMUNITY
By Celia Capadocia Yangco*

I. INTRODUCTION
The Philippines has a young population, with 36 million or 43% of its population of around 76 million as of2000 consisting of children below 18 years of age. As such, it has a vast reservoir of future and potential
human resources that can contribute to its progress as a nation, culture and people.
Children in the Philippines are guaranteed their rights, and their best interests are enshrined in theConstitution, the basic law of the country, as well as in other laws. All institutions of the land – from family,
school, church, community and others – are called upon to protect and promote the welfare of the Filipino
child. In fact, the Philippines is among the first countries in the world that has adopted a Child and YouthWelfare Code. Passed in 1974, the Child and Youth Welfare Code, also known as Presidential Decree 603 (PD603), contains provisions that articulate not only the rights and privileges of children but also the
responsibilities of the State and its institutions towards children and youth.
Like any other country, however, the Philippines is constantly affected by global changes and adjustmentsthat somehow also affect its families and their children. Some of these changes, while intended to bringprogress and developments, have negatively impacted on families specially children. The fast pace of living,
rapid technological development, urban migration and congestion, and increased participation of women in
the labour force are some developments that put stresses and pressures on the family.
The stresses and pressures on families are eventually communicated, transmitted and manifested inchildren, who are among the most vulnerable members of a family, because of their young age andmalleability. At worst, these changes lead to maltreatment or abuse of children and, therefore, the violationof their rights.
Thus, the Philippine government, through the Department of Social Welfare and Development (DSWD)
and the Council for the Welfare of Children (CWC), among other agencies, have embarked on acomprehensive and integrated approach to children’s development along the areas of survival, protection,
development and participation. Part of this holistic approach is the prevention and early detection of childmaltreatment as well as the recovery, rehabilitation and after-care for maltreated or abused children.
This approach is part of the Philippine National Strategic Framework for Plan Development for Children
for years 2001 to 2025 otherwise known as Child 21. Child 21 is a comprehensive guide for various
stakeholders in designing their plans and programmes for Filipino children. Using the United Nations (UN)Convention on the Rights of the Child (CRC) as its framework, Child 21 follows a rights-based approach toachieving its vision of a child-sensitive and child friendly society.

II. CHILD MALTREATMENT IN THE PHILIPPINE CONTEXTChild abuse or maltreatment, whether habitual or not, as defined in the Philippines, includes any of thefollowing:• Psychological or physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment• Any act by deeds or words which debases, degrades, or demeans the intrinsic worth and dignity of achild as a human being.
• Unreasonable deprivation of his/her basic needs for survival such as food and shelter.
* Undersecretary, Philippine Department of Social Welfare and Development, Philippines.

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Failure to give medical treatment to an injured child resulting in serious impairment of his/her
growth and development or in his/her permanent incapacity or death.

Child abuse may be categorized in specific cases as follows:
1. Physical Abuse
Physical abuse refers to inflicting physical harm by beating, hitting, punching, kicking, biting, burning or
any other act, which causes physical pain. This type of abuse can be caused by over-discipline or punishmentthat is inappropriate for the child’s age and size.
2. Sexual Abuse
Sexual abuse includes activities by a parent or caretaker such as fondling a child’s genitals, penetration,
incest, rape, sodomy, indecent exposure and exploitation through prostitution or the production of
pornographic materials.
3. Emotional/Mental Abuse
Emotional/mental abuse refers to a pattern of behaviour that impairs a child’s emotional development orsense of self-worth. This may include constant criticism, threats, or rejection, as well as withholding love,support, or guidance. Emotional abuse is often difficult to prove and is almost always present when otherforms are identified.
4. Child Neglect
Child neglect is the failure to provide for a child’s basic needs, whether physical, educational oremotional. This can include refusal of or delay in seeking health care, poor nutrition, abandonment,
expulsion from home or not providing shelter and inadequate supervision.
5. Child Labour
Child labour is the participation of children in a wide variety of work situations, on a more or less regularbasis, to earn a livelihood for themselves or others. Poverty of the child worker’s family is a reason for the
emergence of child labour and the fact that it is relatively cheap and accessible. Child labour is tapped as a
coping strategy of families who view children as potential income providers and as part of the family support
system.
The worst forms of child labour include:(i) All forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt
bondage and serfdom and forced or compulsory recruitment of children for use in armed conflict;(ii) The use, procuring or offering of a child for illicit activities, in particular for the production of
pornography or of pornographic performances;(iii) The use, procuring or offering for illicit activities, in particular for the production and trafficking ofdrugs as defined in relevant international treaties;(iv) Work, which by its nature or the circumstances in which it is carried out, is likely to harm the health,safety or the morals of the children.
6. Commercial Sexual Exploitation of Children (CSEC)
Commercial sexual exploitation of children consists of practices that are demeaning, degrading and manytimes life threatening to children. It is a fundamental violation of the human rights of a child. It comprises
sexual abuse by the adult and remuneration in cash or kind to the child or a third person or persons. The
child is treated as a sexual and commercial object.
There are four primary and interrelated forms of CSEC. These are:(i) Child Prostitution which is the use of a child in sexual activities for remuneration or any other formof consideration. Children whether male or female, who for money, profit or any other considerationor due to coercion or influence of any adult, syndicate or group, engage in sexual intercourse orlascivious conduct, are deemed children exploited in prostitution and other sexual abuse.
Those who engage in or promote, facilitate or induce child prostitution, those who commit the actof sexual intercourse or lascivious conduct with the child and those who derive profit or advantage
as owner or manager of the business establishment can be prosecuted for child prostitution.

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VISITING EXPERTS’ PAPERS(ii) Child Pornography which is any representation, by whatever means, of a child engaged in real or
simulated, explicit sexual activities or any representation of the sexual parts of a child for primarily
sexual purposes. These include photographs, negatives, slides, magazines, books, drawings, movies,
videotapes and computer disks or files.
(iii) Child Trafficking for Sexual Purposes which is the recruitment, transportation, transfer, harbouring
or receipt of a person below 18 years of age for the purpose of prostitution, pornography or otherforms of sexual exploitation, the geographical transfer of the child’s body from one place to another,both within the country (internal) and outside of the Philippines (external).
(iv) Child Sex Tourism which is the commercial sexual exploitation of children by persons who travelfrom their own country to another, usually less developed country, to engage in sexual acts with thechildren. Child sexual tourism also includes local Filipino tourists who travel to other parts of thecountry to engage in sex with children.
Different studies and research on child abuse/domestic violence show the following common findings on
the victims and the abusers or perpetrators.
Factors

Profile of Victims

Profile of Abuser
Abusers/Perpepetrators
rators

1. Age• The average age is 12 years, with age
ranging between 7-16 years old at thetime of reporting• Initial occurrence is between 7-12 years
old• Abuse had been happening from 2-4
years if perpetrators are family members.

• Majority of perpetrators are in theirmiddle and late adulthood (30-59 years
old)• Average age is 35 years old

2. Sex• Females are usually the victims rather
than males (90%)• Perpetrators are usually males rather
than females

3. Educational Attainment• Majority of the victims reachedelementary level while others stopped
schooling due to poverty or due to thecase filed in court• More educated than his victim• Majority are skilled workers

4. Socio-Economic Status• Victims generally come from lower class(90%)• Perpetrators usually come from lower
class

5. Relationship Between
Perpetrator and Victim• Victim of kin offender is much younger
than victim of other relation types. The
closer the relationship between thevictim and offender, the more likely theabuse is committed more than once.

• The offenders know most victims; 33%
would include incest (father-daughter
relationship is most frequent)With the increasing numbers of victims of domestic/family violence and child abuse, the DSWD, incoordination with other government agencies, developed programmes and services that address the needs ofthe victims. These programmes and services are focused on the three major aspects of prevention,
recovery/rehabilitation and after care.

III. THE PHILIPPINE DSWDThe Department of Social Welfare and Development (DSWD) is the premier national social welfare
agency of the country involved in poverty reduction and the social protection of the most vulnerable anddisadvantaged sector, namely children, youth, women, persons with disabilities (PWDs), older persons (OP)and disadvantaged or needy families, including victims of disasters.

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A. DSWD Vision and Missions
It has for its vision, “a society where the poor, vulnerable and disadvantaged families and communities
are empowered for an improved quality of life”.
It’s mission is “to provide social protection and promote the rights and welfare of the poor, vulnerable andthe disadvantaged individual, family and community to contribute to poverty alleviation and empowerment
through Social Welfare and Development (SWD) policies, programmes, projects and services implemented
with or through Local Government Units (LGUs), Non-Government Organizations (NGOs), People
Organizations (POs), other Government Organizations (GOs) and other members of civil society”.

B. DSWD Goals
The DSWD’s goals are:1. Formulation and advocacy of a just and responsive SWD legislative agenda, policies and plans, aswell as ensuring their effective implementation;
2. Identification, development and marketing of technologies for building up social capital;
3. Setting up and enforcement of SWD standards to protect the rights of the poor and the disadvantaged
to quality services;
4. Provision of technical assistance and resource augmentation to intermediaries in the implementationof SWD programmes and services; and5. Provision of preventive, protective, rehabilitative and developmental programmes and services.
C. DSWD Functions
Since Philippine governance is devolved to the local government units (LGUs), the main responsibility ofdelivering basic social welfare services is latched in the provincial, city or municipal governments. There are
79 provinces, 115 cities and 1499 municipalities in the Philippines. Thus, there is a great diversity in theactual implementation of programmes and services, including those for children.
In the meantime, the DSWD continues to be in-charge of the following:
1. Policy Formulation and Programme Development, which involves coordination and networking withvarious stakeholders in coming up with policies and plans designed for social protection and poverty
alleviation and eventually the development of programmes.
2. Social Technology Development - the development of a new programme which involves technologies
addressing emerging needs.
3. Standards Setting and Compliance Monitoring which include registration, licensing and accreditationof social welfare agencies, programmes and services of intermediaries such as local government
units, non-government organizations and people’s organizations.
4. Provision of Technical Assistance and Resource Augmentation to intermediaries needing such.
5. Capability Building of Intermediaries involving training and other forms of capacity building.
6. Implementation of national centre-based and community-based programmes and projects which
include those for families, children, youth, women, older persons and persons with disabilities.
7. Management of Special Projects that are in keeping with national or flagship projects of government.

D. DSWD Structure and Network
The Department has a central office, five bureaus, seven services and sixteen field offices all over thecountry. It has three major organizational groups, namely the Policy and Programmes Group; General
Administration and Support Services Group and the Operations and Capacity Building Group where all thefield offices belong. Under the field offices are residential facilities and non-residential programmes.
It has three attached agencies: the Council for Welfare of Children (CWC), Inter-Country Adoption Board(ICAB) and National Council for the Welfare of Disabled Persons (NCWDP). Recently, the National
Commission on the Role of Filipino Women (NCRFW) and the National Youth Commission (NYC) wereattached to the DSWD for oversight purposes.
The DSWD has a working relationship with 79 provincial social welfare offices, 115 city social welfare
offices and 1499 municipal social welfare offices. It has partnerships with 536 NGOs which it has registered,licensed and accredited.

E. The Council for the Welfare of Children (CWC)
One of the major thrusts of P.D. 603 is the creation of the Council for the Welfare of Children (CWC)
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composed of several agencies, namely: the Department of Social Welfare and Development (DSWD),
Department of Health (DOH), Department of the Interior and Local Government (DILG), Department of
Education (DepEd), Department of Labour and Employment (DOLE), Department of Justice (DOJ),
Department of Agriculture (DA), National Economic and Development Authority (NEDA), the National
Nutrition Council (NNC) three private individuals concerned with the welfare of children and youth and ayouth representative. The CWC is the overall body for the formulation, coordination, monitoring andevaluation of plans, programmes, projects and services for children. The CWC is an attached agency of theDSWD, with the Secretary of Social Welfare and Development as Chair of the Council, alternating with theSecretaries of Health, Education and Interior and Local Government.
It has for its powers and responsibilities the following:
1. Coordinate the implementation and enforcement of all laws relative to the promotion of child andyouth welfare;
2. Formulate an integrated national policy and long range programmes, monitor and evaluate theimplementation of this policy, and all programmes and services relative to the development of thegeneral welfare and protection of the best interests of children and youth;
3. Advocate and recommend to the President and other appropriate agencies for implementation on anationwide scale when appropriate, new, innovative, pilot programmes and services for the general
welfare of children and youth;
4. Mobilize resource assistance and call upon and utilize any department, bureau, office, agency, or
instrumentalities, public, private, or voluntary, for such assistance as it may require in theperformance of its functions;
5. Submit annually to the President, through the Secretary of Social Welfare and Development, acomprehensive report on its activities and accomplishments.

IV. ROLES AND RESPONSIBILITIES OF DSWD IN RELATIONTO DOMESTIC VIOLENCE AND MALTREATMENT OF CHILDREN
The roles and responsibilities in coping with child maltreatment and family violence are classified into
four major aspects: prevention, early detection and intervention, recovery and after-care.
The DSWD plays a vital and pivotal role in the management of both domestic violence and child abuse or
maltreatment cases. Aside from the Child and Youth Welfare Code, several republic acts have mandated
DSWD to lead in the policy formulation, planning, development, implementation, monitoring and evaluationof programmes and services geared towards addressing these phenomenon.
Republic Act 7610 “An Act Providing for Stronger Deterrence and Special Protection Against Child
Abuse, Exploitation and Discrimination, mandates the DSWD and the Department of Justice (DOJ) in
coordination with other government agencies and the private sector concerned, to come up with acomprehensive programme to protect children against child prostitution and other sexual abuse, childtrafficking, obscene publications and indecent shows or other acts of abuse and circumstances which
endanger survival and normal development. RA 7610 was further amended by RA 9231 to provide for theelimination of the worst forms of child labour and afford stronger protection for working children.
In the meantime, Republic Act 9262, known as the Anti-Violence Against Women and their Children Act
of 2004, seeks to prevent all forms of violence against women and children to secure their physical, sexualand psychological well-being, and has specific mandates for the DSWD. Under this law, violence against
women and their children is considered a public crime. Temporary protection orders are issued to restrain
the offender from causing further violence. The same is true for RA 9208 or the Anti-Trafficking in Persons
Act which institutes policies to eliminate trafficking in persons, specially women and children.

A. Prevention
Prevention entails the setting up of wholesome and developmental programmes and services that will
enable children to grow wholly and develop fully. It includes programmes and services that enhance family
life, and promotes effective and responsible parenthood. Under this phase, the DSWD leads in thedevelopment, implementation and monitoring of the following programmes:
1. Early Childhood Development Project (ECDP)
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nutrition, and early education services for disadvantaged children 0-6 years old. This project aims to reduce,by half, the infant mortality rate, child mortality rate, protein-energy malnutrition and dropout rates inelementary schools. It also aims to improve psychosocial development, school-preparedness of children andachievement levels of Grade 1 pupils.
2. Day Care Service for Children
This is the provision of supplementary parental care to 0 to 5-year old children of parents who find it
difficult to fully take care of their children during part of the day because of work or some other reason.
Day care services are provided in day care centres or child minding centres. If these centres are notphysically available, a community may avail of a supervised neighbourhood playground under anaccredited service provider, child development worker or a day care mom.
A child who undergoes day care can expect to:• become physically fit through proper care and nutrition;• develop self-confidence, self-expression and self discipline;• relate well to peers, parents and other adults;• develop mental, intellectual, verbal and language skills;• develop strong spiritual, socio-cultural and nationalistic values as well as positive attitudes
towards one’s family and community; and• be provided comfort, safety and protection from neglect, abuse and exploitation.
3. Night Care for Children of Working Mothers
Night care involves the provision of temporary substitute custodial care for young children while theirmother is working on the night shift.
4. Pre-Marriage and Marriage Counselling
Such counselling prepares about to be married couples (for pre-marriage) and spouses to understandtheir roles and obligations as couples and parents, among others.
5. Parent Effectiveness Service (PES)This is a community-based service providing and expanding the knowledge and skills of parents andcaregivers on parenting to be able to respond to parental duties and responsibilities on the areas of earlychildhood development, behaviour management of younger and older children, husband-wife relationships,
prevention of child abuse, healthcare and other challenges of parenting. It assists parents and parent
substitutes to develop and strengthen their knowledge and skills so that they can assume a major
educational role in their child’s growth and development.
6. Empowerment and Reaffirmation of Paternal Abilities (ERPAT)
This is a service that gives importance and emphasises the development and enrichment of knowledge,
attitude and skills of fathers in performing their paternal roles and responsibilities. It involves conducting
community-based sessions for fathers and training of and organization of father leaders and volunteers in thecommunity to facilitate collective action and participation in promoting the important role of fathers to thefamily. It sees the significant role of fathers in performing multiple roles in all aspects of child rearing anddevelopment, including the care and behaviour management of adolescent children.
It gives emphasis to eliminating traditional gender role differentiation as manifested through theproliferation of the “macho” image of men as seen and observed in the norms, role expectations andbehaviour patterns of Filipino males. It helps them achieve a broader and fairer definition of gender roles andunderstanding of oneself as nurturing and caring individuals both for their children and spouses.

B. Early Detection and Intervention
Programmes and services under this category consist of interventions meant to detect
abuse/maltreatment and protect the child and his/her parents, usually the mother, from harm and further
trauma. It tries to reduce the frequency, intensity and severity of early signs of abuse or maltreatment
through early case finding and immediate responses.
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1. Child Protective Behaviour ProgrammeThis is a safety programme addressing issues relating to safety including abuse of children, adolescentsand adults. It has the following objectives:• Provide simple practical skills and strategies to keep children safe;• Assist children in identifying and coping with situations where they may be unsafe;• Encourage children to recognize early warning signs, i.e. bodily responses/signals;• Encourage children to further develop communication, problem solving and relationship skills;• Assist children to increase their self protective skills against forms of abuse and assault;• Encourage children to recognize their early warning signs to network with a trusted adult and toreport their concern.
2. CounsellingThis intervention focuses on assisting the clients overcome their problems and enables them to move on
and pursue activities that will restore their socio-economic functioning. Counselling is carried out either
individually or in groups.
3. Clearance for Travelling Unaccompanied Minors
A travel clearance is a document issued by the DSWD through its Field Offices or its attached agency, theInter-Country Adoption Board (ICAB), whichever is applicable, to a Filipino minor who is below 18 years ofage travelling outside of the Philippines, unaccompanied by his/her parents or those exercising parental
authority and legal custody of the child. It certifies that a minor is authorized to travel abroad for valid
reasons based on the assessment of the social worker.
A travel clearance is issued to:• Protect the child from abuse and exploitation while abroad;• Prevent child trafficking;• Ensure that the travelling companion is duly authorized and able to look after the welfare of theminor;• Ensure that the sponsor has the capability to protect and support the minor’s needs while abroad.
4. National Family Violence Prevention Programme (NFVPP)
This is a community-based strategy of preparing family members to protect themselves against violence
and manage resolution of conflict within the context of family relations.
The main goal of the project is the reduction of violence against women, children and other vulnerable
members of the family. The programme uses the following strategies:• Training and continuing technical assistance• Organization and strengthening of support groups/community based structures• Research and documentation• Public information and advocacy• Installation of a data based system on family violence
5. Comprehensive Package of Social Development and Social Welfare Services for Single Parents and theirChildrenThis is a response to address the needs of single parents and their children. The package of services
initially includes livelihood, self-employment and skills development, employment-related benefits,
psychosocial, educational, health and housing services.
The programme emanated from the enactment of Republic Act 8972, otherwise known as the Solo
Parents Welfare Act of 2002. The law mandates various government agencies and other sectors toconsolidate their efforts to help address the needs of single parents.

C. Recovery and Rehabilitation
Recovery and rehabilitation involves the process of transformation of a child from a dysfunctional to astate of renewed functional condition where he/she shows competence in the performance of his/her roles.
The DSWD utilizes two approaches in the provision of recovery services to victims of domestic/family
violence and child abuse. These are the community-based and centre-based approach.

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1. The Community-based Approach of Recovery/Rehabilitation
The community-based approach refers to the provision of community-based programmes and services.
This includes the System of Referral, which is a support service that the social worker may use to link andnetwork the needs of women and children for services and interventions available within the community
such as health, education, livelihood, etc.
Aside from referral, the 16 Field Offices of the DSWD maintain Crisis Intervention Units (CIU), wherethe victims of domestic violence and child abuse may be provided with counselling services. Other services
provided by the CIU are: stress debriefing, financial assistance to defray medical expenses in case the victim
needs immediate treatment and medical attention, transportation assistance, and temporary shelter.
Through the CIU, working arrangements with appropriate government, non-government, professional andcivic organizations are established for the benefit of the clients.
Other types of community-based services that seek to address the recovery or rehabilitation of a childabuse victim are the following:(i) Child Care and Placement (CCP) which is the provision of alternative care to children in especiallydifficult circumstances whose parents are unable to provide for their basic needs, temporarily or
permanently, brought about by problems in family relationships, illness, extreme poverty, abuse andneglect. This may be provided through kinship care, local adoption, foster family care or legal
guardianship.
(ii) Child and Family Counselling which provides information, options and opportunities and emotional
support to strengthen child-family relationships and coping capabilities to enable the child and family
to reach a decision about family and child care.
(iii) Casework/Group-work Services which focuses on treatment and rehabilitation of children who haveundergone traumatic experiences that may affect their growth and development as human beings.
(iv) Psychological and Psychiatric Interventions through tests and other modes of assessment as well as
therapeutic sessions extended to the child to determine aptitudes, capacities, interest andbehavioural problems to facilitate treatment in accordance with individual needs and characteristics.
(v) Medical Services in the form of referral for medico-legal examinations, hospitalization and medical
treatment, if indicated.
(vi) Legal Services through referral to volunteer lawyers in pursuance of the victim’s case, litigation of
the perpetrator or termination of parental authority.
(vii) Livelihood Services which provide skills training and capital grants to enable the child, when able,
and his/her family to engage in income producing activities to alleviate their financial difficulties andimprove their economic conditions.
2. The Centre-Based Approach of Recovery/Rehabilitation
The centre-based approach is done through the provision of activities geared towards the victim’s
recovery in a residential setting, managed either by the DSWD, LGUs or licensed/accredited agencies, andis commonly known in the Philippines as residential care service.
Residential care service is 24-hour group care that provides alternative family care arrangements to poor,
vulnerable and disadvantaged individuals and families in crisis whose needs cannot be adequately met by
their families and relatives or by any other forms of alternative family care arrangements over a period oftime.
Under the guidance of trained staff, residents in centres and institutions are cared for under a structured
therapeutic environment with the end in view of reintegrating them with their families and communities associally functioning individuals.
To date, there are sixty-six DSWD-managed centres and institutions. Of this number, twelve are forwomen victims of domestic/family violence and twenty-five are for children/youth victims of abuse. The rest
are for children in conflict with the law, persons with disabilities and older persons.
In addition, three Therapy Centres are being pilot tested for the conduct of therapy sessions for victimsof sexual abuse. These are located in the cities of Manila, Cebu and Davao.
The following are the major services provided to victims of domestic violence and child abuse while they104

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are temporarily sheltered at the different centres and institutions:• Treatment and Rehabilitation services - which refers to the process of providing appropriate
intervention to a woman/child whose behaviour is inappropriate and unacceptable and has a negative
impact on her and others. The social worker’s focus is to facilitate the determination of the functional
level of the woman/child. It also refers to the series of activities that would facilitate restoration,
healing and recovery of the women/children from the trauma of neglect and other forms ofabuse/maltreatment and exploitation and make them return to normal functioning for eventual social
reintegration.

•

•

•
•

Among the activities provided to women/children are: casework, counselling, group work, group
counselling, therapy and referral.
Group Life and Home Care Services which refers to the daily living experience of thewomen/children that provides opportunities for self-discovery, social control and discipline thatwould promote a sense of responsibility and strengthen capability for decision-making andrelationships with others. This includes: in-house training and daily living; self-enhancement skills
and development; and maternal and child care skills development (for women).
Health and Nutrition Services which includes preventive, curative and rehabilitative services toensure physical, mental and psychological conditions of the women/children that would promote a
healthy and productive environment through information dissemination, waste/ecologicalmanagement, nutrition education and a health campaign against epidemics and contaminations. The
health and nutrition services include: medical and dental care, STD clearance, psychiatric,
psychological, and dietary.
Productivity Skills Training to the women/children based on their needs and capability in preparation
for future economic independence and gainful employment.
Legal Services that would help women/children needing legal intervention while their cases are inlitigation through coordination with other government agencies, private individuals, and groups
providing legal services.

D. After-Care Services
After-care and follow-up services are necessary to ensure the smooth return and reintegration of thesurvivor to their families and communities. It is the provision of interventions, approaches and strategies
with the end goal of ensuring effective reintegration and relapse prevention of the children and women
victims of violence discharged from residential facilities.
The centre and community workers formulate a discharge plan as a basis in the provision of appropriate
services to both the client and her/his family/guardian. The discharge plan indicates the interventions thatwill prepare the client, family/guardian and the community for their eventual return to the community.
The City/Municipal Social Welfare Development Office (C/MSWDO) under the city/municipal LGU
provides after-care and follow-up services within a period of one year from discharge, in coordination withother government and non-government organizations. A contract/agreement is signed by both thecommunity social workers and the client to carry out the reintegration plan.
The following are the components of the after-care service for women/children:• Educational Assistance: the provision or access for scholarship and/or financial assistance to school
age children to support the educational needs of those who decide to pursue their education/studies.
• Family Counselling: the provision/conduct of counselling sessions to the client and her/his family toenable them to be aware of the factors which caused the problem; their roles and responsibilities inorder to improve their coping capabilities and strengthen their family relationships.
• Self-Enhancement Service: continuous provision of opportunities for the improvement of the self toenable her/him to fully participate and be fully mainstreamed into society. These include: personality
development through values education, formation and inculcation: values clarification, gendersensitivity and the process of sustaining positive attitudes, habits and values acquired in the centre.
• Social and Vocational/Practical Skills Development: to further develop positive work habits, attitudes
and skills in crafts and trades for the economic productivity of the client. The training is provided toeither individuals or groups. It is conducted in existing community centres, facilities in theneighbourhood where clients reside through self-sheltered workshops and/or referral for appropriate
employment to the client.
• Spiritual Services: provision of activities to maintain the moral and spiritual development of the client.

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Referral Services: provides the client the opportunity to avail of other services from other agencies
like medical, laboratory examinations, psychological treatment and medication in the hospitals/clinicsof the client who are sick/suffering from any disease or illness.

In all the major aspects of prevention, recovery or rehabilitation and after-care or follow-up service, thenecessity of building partnerships among local government units, government agencies, non-governmentorganizations and the community is of utmost importance. Convergence of existing programmes andservices to eliminate domestic/family violence and child abuse/maltreatment is indispensable.

V. IMPORTANCE OF PREVENTIVE MEASURES AND NECESSITY OF BUILDINGPARTNERSHIPS AMONG AGENCIES, ORGANIZATIONS AND THE COMMUNITY
The quotation an “ounce of prevention is better than a pound of cure” is still very much relevant today,
especially in the management of domestic violence and child abuse and maltreatment. Preventive measures
ensure that domestic problems and situations in the family that spawn violence and abuse are nipped in thebud, so to speak. It brings about peace and development at the micro (family) as well as the macro levels ofsociety.
At the family level, couples’ or parents’ capabilities are enhanced and their potential as role models are
honed. Parents are able to demonstrate to their children the responsibilities that go with parenting, as well
as of responsible, productive and contributing citizens of a community and society. They are able to live out
their God-given roles as inter-generational purveyors of priceless values such as love, peace, joy, unity,
kindness, generosity, etc.
In the meantime, preventive measures at the community and societal level ensure that citizens abide by
the laws of the land, contribute to the progress of the nation and ultimately produce better and brighter
citizens of the world.
Thus, it is important that the State lead in building partnerships among agencies, organizations and thecommunity to prevent and address domestic violence and child maltreatment. Towards this end, thefollowing have been established and institutionalized in the Philippines to prevent child abuse/maltreatment
and promote children’s development.
1. Local Councils for the Welfare of Children
The CWC at the national level have been replicated at the regional and sub-regional levels. At theregional level, a regional sub-committee for the welfare of children (RSCWC) is created under the Social
Development Committee (SDC) of the 16 Regional Development Councils (RDC) in the country. The RDCs
are the regional coordinating bodies for all concerns and issues confronting a region. There are presently
sixteen geographical regions throughout the Philippines consisting of several provinces, cities andmunicipalities. The RDCs have four major committees: economic development, social development, infrastructure and development management.
At the provincial level, there is a Provincial Development Council, under which is a committee in chargeof the welfare of children and women. This is true for city and municipal councils.
2. Barangay Council for the Protection of Children
As provided for under the Child and Youth Welfare Code, every village is encouraged to organize abarangay council for the protection of children (BCPC) which draws up and implement plans for thepromotion of child and youth welfare in the barangay. The functions of this Council are as follows:• Foster the education of every child in the barangay• Encourage the proper performance of the duties of parents, and provide learning opportunities on
the adequate rearing of children and on a positive parent-child relationship• Protect and assist abandoned or maltreated children and dependents• Take steps to prevent juvenile delinquency and assist parents of children with behavioural problems
so that they can get expert advice• Adopt measures for the health of children• Promote the opening and maintenance of playgrounds and day-care centres and other services that106

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are necessary for child and youth welfare
Coordinate the activities of organizations devoted to the welfare of children and secure theircooperation
Promote wholesome entertainment in the community, especially in movie houses
Assist parents whenever necessary in securing expert guidance counselling from the proper
governmental or private welfare agencies.

In addition, the BCPC shall hold classes and seminars on the proper rearing of children. It shall distributeto parents available literature and other information on child guidance. The BCPC shall assist parents, withbehavioural problems whenever necessary, in securing expert guidance counselling from the proper
governmental or private welfare agencies.
3. Parent Teacher Associations (PTAs)
Parent Teacher Associations are required to be organized in all elementary and secondary schools toprovide a forum for the discussion of problems and their solutions, relating to the total school programmes,and for insuring the full cooperation of parents in the efficient implementation of such programmes. It is also
mandated to aid municipal and other local authorities and school officials in the enforcement of juvenile
delinquency control measures, and in the implementation of programmes and activities to promote childwelfare.
4. Associations of Private or Non-Government Agencies involved in Child Development and Welfare
Among the private sector and non-government agencies, there are a number of associations that havebeen organized to address child development and welfare and specifically to prevent child abuse andmaltreatment. Foremost among these are Plan International, World Vision, ERDA Foundation and ChristianChildren’s Fund. The Association of Child Caring Agencies of the Philippines (ACCAP) is a main supporter
for community and centre based interventions.
5. Business Initiatives for Children
There are also a number of business establishments that have as a group or on their own support and/or
established, programmes and services for children and/or their families. Such establishments include
banking institutions, manufacturing firms and trading and service companies. Their support comes in terms
of programmes, advocacy, resources and funding.
6. Professional Organizations
Professional organizations for children’s causes such as those of lawyers, medical practitioners, social
workers, etc. also have programmes for child development and welfare. They focus on specific areas where
their particular expertise is needed. Medical practitioners for instance assist in the medical recovery ofclients while lawyer groups assist in the legal aspects of cases.
7. Youth Organizations
Youth organizations at the local level are likewise actively involved in helping their peers or younger
children, through participation in children’s programmes and services such as in day-care centres andresidential facilities. The older youth act as facilitators and guides for the younger children and serve as aresource group.

VI. PROGRAMMES AND ACTIVITIES FOR THE PREVENTION
OF CHILD ABUSE/MALTREATMENT
A. Preventive and Developmental
Programmes, services and activities that are in place in the Philippines for children in addition to thoseenumerated in Section IV of this paper, and which highlight partnerships among the sectors of thecommunity are as follows.
1. Mainstreaming Child 21
Mainstreaming Child 21 is an advocacy and planning programme at the national and local level, aimed at
integrating children’s concerns and services in all development plans at these levels. The three concrete
manifestations of the outputs of this programme are having local child welfare codes or ordinances, local

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children’s plans and investment plans and functional local councils for the welfare or protection of children.
2. Bright Child ProgrammeThis is basically a campaign strategy to accord children up to six years of age a full range of health,nutrition, psycho-social stimulation and early education services to ensure their holistic development. Ledby the Departments of Health, Social Welfare and Development and Education, the programme counts as its
supporter other government agencies, LGUs, non-government organizations, the private sector, the media
the church and inter faith groups and the community.
3. Search for Child Friendly LGUs
Search for Child Friendly LGUs encourages LGUs to provide a child-friendly environment for thechildren in their localities, through the granting of a Presidential Award from the President of thePhilippines. The LGUs are adjudged child-friendly based on certain criteria. This initiative has increased
awareness of LGUs and improved their governance by making them responsible to the needs of children.
4. Bantay Bata Programme
Initiated and led by the TV-radio network ABS-CBN, the programme has an emergency responsecomponent through a 24 hour trunk line which the people can call for child-related concerns. Much like theUSA’s American 911, Bantay-bata specializes in the rescue of maltreated, abused or neglected children incollaboration with the DSWD and other agencies.
5. Children’s Hours
Children’s Hours is a fund raising campaign that taps individuals and companies to donate one hour’sworth of earnings once a year to programmes committed to the welfare and development of marginalized
Filipino children including education, shelter, rehabilitation, health, nutrition, and medical services.
6. Adoption of a Comprehensive Programme on Child Protection
In keeping with RA 7610 (Special Protection of Children Against Child Abuse), a comprehensive
programme for the special protection of Filipino children was prepared by the Special Committee for theProtection of Children led by the Department of Justice and the DSWD. The programme addresses areas ofprevention, reporting, rescue and investigation of child victims, the judicial trial involving children’s cases
and their eventual reintegration into society.
7. Proclamation No. 731
Proclamation No. 731 declared the second week of February of every year as “National Awareness Week
for the Prevention of Child Sexual Abuse Exploitation” to highlight awareness of the issue.
8. Training Programmes for Personnel Handling and Managing Children’s Cases
Initiated by the Philippine National Police Academy for policemen, the Philippine Judicial Academy forjudges and the DSWD’s Social Welfare Institute for social workers, these training programmes are meant toenhance the knowledge, skills and attitudes of the different groups of practitioners who handle or manage
children’s cases. Special training is given to police officers in charge of women and children’s desks in police
stations, for Family court judges and for social workers in charge of children who are abused/maltreated.
9. Conduct of Juvenile Justice Dialogues
Dialogues among the leaders of the community including representative of parents, the police,prosecutors, judges and correction officials are done at least once a year at the regional and sub-regional
levels to take up issues and concerns such as child and youth development, including concerns aboutchildren in conflict with the law, substance and drug abuse, including victims of abuse and maltreatment.
Recommendations at both policy and operational levels are made during these dialogues which are
thereafter elevated to the concerned organization or entity.
10. Child Participation in GovernanceIn addition to the above practices and activities, children’s participation in all aspects of life involving
them, including in planning and decision making in the Philippine society, has been continuously encouraged
and supported.

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A concrete manifestation of this is the appointment of a child commissioner at the National Anti-Poverty
Commission (NAPC), which is headed by the President, and which coordinates poverty alleviation efforts.
The Child Commissioner spearheads and articulates the concerns of the Filipino children, including thevictims of child abuse/maltreatment. A child/youth is now also a member of the Council for the Welfare ofChildren.
11.International Linkages for Children’s Welfare
Aside from local initiatives, the Philippines has also embarked on regional and international linkages toprotect and nurture children. Among these are:• tie up with the International Social Services in Hong Kong, Japan and Singapore through thesecondment of social workers in these countries;• the posting of social workers in certain areas (Taiwan, Dubai, Kuwait, Abu Dhabi, Riyadh) to focus
attention on the threat to Filipino women and children;• establishing a bilateral Working agreement with Malaysia to protect migrant’s children particularly in Sabah;• training on specialized services on children’s protection with New Zealand, the Netherlands and theUnited States of America; and• cooperating closely with international organizations and groups such as the ASEA, ILO, UNICEF,
UNDP, etc. for children programmes.

VII. LESSONS LEARNED, CHALLENGES METChild maltreatment or abuse is a threat to the safety, security, and development of young people
everywhere. It is also a risk to the development of the country’s human resources. The Philippines has its
own share of the problem and has also its way of addressing and managing this challenge as describedearlier. Thus, many lessons are learnt in addressing this phenomenon. However, problems and challenges
also emerge in the process of managing child maltreatment.
Among the lessons learned are:
• Children are capable of much more than what adults believe them to be capable of, given thenecessary nurture and support. A child’s own qualities, characteristics and emerging competencies
are themselves important protective factors that will prevent their abuse and maltreatment. By
teaching them developmentally – appropriate ways to stay healthy and safe, children can beempowered to protect themselves. While young, children can participate actively in the process ofself protection.
• Child abuse and maltreatment should always be understood in the context of the child’s family andcommunity, and therefore his/her environment. The family should thus be strengthened andsupported to provide quality care and education for children. The family should thus be the focus andlocus of all development efforts.
• The incidence of child abuse and maltreatment is exacerbated by the presence of drug abuse,
alcoholism, vices, diseases, the separation of parents, poverty, and other social problems. Thus,
there is a need to educate families and the communities on the menace and ills of these phenomenon
and how to address them.
• The foremost objectives for prevention of child maltreatment are to reduce risks and vulnerabilities
and enhance factors and capacities advantageous to the child, hence the need to have a wholesome,learning environment supportive of growth with quality.
• Governments must invest in education as it is the most potent element in the development of
citizens and the nation and in child abuse prevention. Education must not just be for children, but forthe parents and community as well.
• Clear laws, policies and procedures to protect children and policies advocating “children first”
heighten people’s awareness on the need to promote child welfare and development. The presenceof a legal framework to protect children is thus a must. The adoption of Child 21 and thecomprehensive programme for child protection are thus welcome developments.
•
An efficient and effective system of identification, detection, reporting and processing/managing
among the key members of society (government, non-government, business, church, media, thecommunity) on the incidence of child abuse/maltreatment is crucial to reducing or eliminating thisproblem. A systematic, standard, integrated and comprehensive approach is therefore required torespond effectively to child maltreatment. Thus, a multi-disciplinary approach is called for in order toprevent and manage child maltreatment well.

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A. Challenges Met and Encountered
Protecting the rights of children and promoting their best interests is a challenging task. While thePhilippines has initiated many laws, programmes, services and initiatives for children, a lot remains to bedone, especially in regard to child abuse and maltreatment. Presently, these challenges include the following:
1.

Unavailability, inappropriate or lack of alternative parental care and custody of some children,
including street children. While foster care and adoption are alternatives, there are children who are
hard-to-place. This situation puts the children at risk and makes them vulnerable further to abuseand exploitation.

2.

Existing penalties and fines against child abuse are not sufficient thus fail to be deterrents againstchild maltreatment.

3.

Incidents of child abuse inflicted by parents to children under the guise of discipline are at times
tolerated and remain unchecked. While some cases are filed in courts, these do not prosper as thechild victims often execute an affidavit of desistance for pity by other members of the family, or after
being brain-washed by parents themselves.

4.

In some areas, there is lack of professionally trained staff (psychiatrists, child psychologists,
paediatricians) to attend to the victims of child abuse and maltreatment.

5.

Confidentiality of records of children are sometimes breached especially by the media and the police.

6.

Responses to reports of child abuse cases in the country are still viewed as segmented, as functionsof each agency of government are compartmentalized, thus the possibility of “re-victimization”.

7.

In view of the devolution, programmes and services for children at the local level are not as holistic
and comprehensive as they were conceptualized especially in low income municipalities because oflimited resources.

8.

A continuing burgeoning young population and a very high dependency ratio present risks andhazards of child abuse/maltreatment.

9.

The insufficient budget allocated for basic social services that directly impinge on children’s growthand development continues to be a problem and a challenge.

10. Globalization, especially in regard to economic aspects, and information technology, has also brought
about challenges in children’s growth and development.

B. Future Prospects in Handling Child Maltreatment
Child maltreatment or abuse is a traumatic experience that occurs throughout the world in many forms,
with the victims belonging to a variety of socio-economic strata, culture and population. While almost all
countries are state signatories to the United Nations Convention on the Rights of the Child, the international
law that protects and promotes children’s rights, child maltreatment continues to be a challenge for thesecountries, the Philippines included.
From a review of what the Philippines has adopted and implemented for the prevention and management ofchild abuse/maltreatment, a great deal has been achieved, but more needs to be done. Having codes and lawsthat are specific to child protection, welfare and development has established the legal framework from which
the Child 21 and Comprehensive Programme on Child Protection were built on. These laws and framework
plan have likewise laid the network for an integrated and multi-disciplinary approach to tackle thephenomenon. It likewise somehow articulated the political will to prioritize the issues relating to children.
There remains a bright future for children, particularly those who are abused and maltreated. Amongthese prospects are the following:
1.

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The passage of the Comprehensive Juvenile Justice System (CJJS) Bill before 2007 when the present
13th congress will end. The CJSS Bill provides for a comprehensive and integrated programme on
the prevention of juvenile delinquency and treatment of juveniles in conflict with the law. With its

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passage, certain issues related to non-standardization of procedures and processes in handlingchildren’s cases will be addressed.
2.

The strengthening of the Special Committee for the Protection of Children at the national level andthe Regional sub-Committees for the Welfare of Children at the national level.

3.

The launching of a convergence programme for poverty alleviation in the poorest provinces andmunicipalities of the country with a focus on disadvantaged and marginalized families.

4.

The passage and implementation of the Early Childhood Care and Development programme toensure the best interests of children. One of the significant features of this programme is the
adoption of a child development checklist against which the development of each child is matched toensure that they develop well in seven critical domains, namely: cognitive; gross motor; five motor;
receptive language; expressive language; social-emotional; and self-help.

Preventing child abuse/maltreatment as a concern and intervention needs adjustment according to thesize of the targeted population, whether these are individuals, families and communities or even an entire
nation. At the individual level, interventions are primarily designed for children’s healing recovery andrehabilitation which may be expensive and require individualized services from highly trained staff. At thelevel of the family, preventive interventions focus on the child within the context of his/her family both
nuclear and extended, and on strategies to promote the well-being of the family as a unit, with special
attention given to the parents or couples.
The next level of intervention addressed to the community include among others education of the public,
training of service providers, support for community leaders, empowerment of local authorities and thecommunity and preservation of local social infrastructures. At the national level, the interventions needed
are designed for the entire population or general public such as laws, public policy, public institutions andservices supporting child welfare, social protection and poverty alleviation. The aim at the societal level is toremedy the situations that are inherent in the social structure creating violence, inequality, injustice,exclusion or marginalization.
Thus, if we translate these preventive measures into an inverted pyramid with targets in descendingorder i.e., from society or nation to the individual, the resulting model will be as follows:
Examples of Preventive Measures•

Public policy(codes, laws)•

Pre-marriage counselling•

Early childhood care projects•

Public education and awareness raising•

Parent education•

Family enterprises•

Self-enhancement services•

Counselling•

Behaviour modification techniques

Levels of Intervention

SocietyCommunity

FamilyIndividual

Clearly, the prevention of child abuse/maltreatment is everyone’s duty. It involves the active participationand cooperation of the government, non-government organizations, the private and business sectors as wellas the community and families. It entails the creation of an environment that is conducive to healthy, brightand productive children who will be the global citizens of tomorrow.

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COUNTRY REPORT - INDONESIA
By Irene Putrie*
I. BACKGROUND
In recent years, domestic violence and child abuse is no longer a local or a national issue, but has become
an issue of concern for the international community. In 1978, the General Assembly of the United Nations
adopted the Convention on the Elimination of All Forms of Discrimination against Women and states parties
agreed to pursue, by all appropriate means and without delay, a policy of eliminating discrimination against
women. Other international instruments are:• Vienna Declaration and Programme of Action (1993)• Convention on the Elimination of Violence against Women (1993)• Beijing Declaration and Platform for Action (1995)
As an archipelago state from west to east, Indonesia has 200 million citizens and more than 85% of the
population is Moslem. Belonging to nearly 500 linguistic groups and many ethnic groups, Indonesia is also
concerned with domestic violence and child abuse.

II. THE CRIMINAL JUSTICE SYSTEM IN INDONESIA
There are four pillars of the Indonesian Criminal Justice System. First, an investigation is carried out by
the police. All investigations for criminal cases, except corruption cases, are carried out by the police, butduring the investigation, the police have to inform the prosecutor about the case and if they arrest or detain
the suspect.
Second, the Prosecution is carried out at the Public Prosecutor’s Office. The Public prosecution service
is a government institution that executes the state’s power especially in the field of prosecution. The
Attorney General, who is appointed by and responsible to the President, heads the public prosecution
service. The Attorney General’s Office is located in Jakarta, the High Public Prosecution Offices are locatedin the capital city of every province and the District Public Prosecution Offices. In criminal cases, the dutiesof the Public prosecutor are: to institute a prosecution in criminal cases; to execute a judge’s stipulation andlaw in courts judgment; to supervise the execution of a verdict of parole; and to make a complete dossier ofcase (s) and to carry out the necessary additional examination.
Third, the pillar of the criminal justice system in Indonesia is Indonesia’s judicial power, under theSupreme Court (Mahatma Agung) under Act No. 14/1970 and Act No. 35/1999. Indonesia has four types ofcourt: General Court (for criminal cases and private disputes); Military Court; Administrative Court; andReligious Court. Indonesia has neither a jury nor lay judge system. All cases are handled by a three-judge
panel.
The Fourth pillar is the execution power under the Ministry of Justice and Human Rights. Actually, theexecutor in Indonesia is a Public Prosecutor, but the prisons or correctional institutions are under the
Ministry of Justice.

III. CURRENT SITUATION OF DOMESTIC VIOLENCE AND CHILD ABUSE IN INDONESIA
A. Domestic Violence
Mitra Perempuan, a Women Crisis Centre in Jakarta through its Hotline Services receives complaints
from their clients. In General, the clients do not want to report their cases to the police. In 1998, Mitra
Perempuan handled 89 domestic violence cases. The cases concerned physical, emotional, psychological,
sexual and economic violence. In 1999, 15.2% of its clients chose the criminal court to solve their problems.
45.7% left their homes and went to their parents’ or relatives’ homes. 23.9% remained silent and did
nothing. It is important to note that victims of domestic violence show signs of post-traumatic stressdisorder.

* Public Prosecutor, Indonesia.

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A survey conducted by the Community Health and Nutrition Research Laboratory at Purworejo Districtin Central Java in 2000 has shown that many women in Central Java suffer physical and sexual violence fromtheir husbands at different times in their lives. From a sample of the survey are 765 women (approximately
7.5% of the population in that region), data was collected by a longitudinal study on nutrition during
pregnancy. Among them, the prevalence of partner violence against women: physical or sexual violencecombined are 27%, sexual violence only is 22%, physical violence only is 11% and emotional violence is
34%.
The National Commission on Violence against Woman (Komnas Perempuan) stated that in 2003, they
dealt with 5,934 incidents of domestic violence (Jakarta Post, June 30, 2004).
There are many “dark numbers” (not reported) of domestic violence. It is because of the perception ofpeople or the community about domestic violence, lack of victim protection and/or rehabilitation
programmes and a lack of consciousness of criminal justice agencies. Besides, the victims may be silent
about the abuse and violence because of embarrassment, shame, fear that their batterers will hurt them ifthey tell other people about the violence and economic dependence on the batterers.
Domestic violence is rooted in a male dominating culture. In Indonesia, a patriarchal family systemdominates domestic relations. Male domination and control over females, and parent’s domination andcontrol over children, were regarded as natural in the society where patriarchs predominate. The role andstatus of men and women is influenced by the interpretations of Islamic teaching: men are the heads and theleaders of the family and women are the household keepers. State policy emphasizes the importance of
maintaining harmony and unity in the family.
Very few people identify themselves as abusers or victims. They may remain silent about the issue
because of the havoc domestic violence creates in their workplace and family lives. Abusers may minimize
their actions or blame the victims for provoking the violence. Both victims and abusers may characterize
their experiences as family quarrels that “got out of control”.
There is no typical victim. Domestic violence occurs among all ages, races and socio-economic classes. It
occurs in families of all educational backgrounds. Individuals may be living together or separated, divorced or
prohibited from contact by temporary or permanent restraining orders. The majority of victims had little
choice because they depended on the perpetrators for their survival.
Domestic (husband-wife) and gender violence are also common among socio-economically middle andhigh-class people with higher education. Some Indonesians argue that the law in Indonesia has failed toprotect women from sexual abuse (ranging from verbal to physical abuse) because of the “phallic-centrism
culture”, which is still dominant in the country. Another consequence of a phallic-centrism culture is thatmost traditional women in the culture are not used to expressing their own will, making them unable todifferentiate between voluntary intimate relationships and rape. The research conducted by CHNRL in 2000
shows that most of the women who had been battered or sexually abused are those who accept traditionalsex roles and most of the men who have battered or abused women are the ones who endorse more
traditional gender roles. However, gender violence and child abuse is not typical to Indonesian. Domestic
violence prevails across racial and socio-economic boundaries.

B. Child Abuse
The most well known case of child abuse in Indonesia is the case of Arrie Hanggara, who was just 10
years old when he died after being tortured by his own father in the early 1980s in Jakarta. The boy’s mother
did not help him. The neighbours, who had heard Arries’s screams for days, also neither intervened nor
called the police, because they considered it as a domestic affair. When interrogated by the police, the father
justified himself by saying that his intention was just to discipline his son, which is not unusual for socioeconomically lower class people like him. He even did not understand how his treatment of his son could
cause his son’s death.
Although this case concerns people from the lower class, it does not mean that violence happens only
among the lower class.

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Child abuse, such as the Arrie Hanggara case, is certainly under-reported in Indonesia. Partly it isbecause child abuse within the family is considered a private family affair and not a subject for outside
intervention. Secondly, most of the abuse cases among lower class people are generally outside of the social
work services. Thirdly, most caregivers failed to identify the children as being abused when they meet theabused mothers. Fourthly, many physicians also have barriers in the assessment of assault violence.
Moreover, especially in Indonesia, medical services are hardly available to most lower class people.
The issue of child abuse is rife but the government has yet to take any necessary measures to reduce thenumber of cases across the country. Media reports in 2003 provide a figure of 2,184 child abuse cases, inwhich most victims were female. Most cases have been settled in court, but no measures have been taken toprevent future cases.
Hard data concerning the number of such children in Indonesia is non-existent, but the rate can perhaps
be extrapolated from the number of cases of wife abuse.
For children, the impact of witnessing domestic violence can be devastating. Children may witness acts ofdomestic violence by being present in the room during the abusive incidents, by hearing the violence fromanother room or by seeing their mother’s bruises, black eyes or broken limbs. Some children are so
traumatized they need intensive therapeutic interventions after witnessing the abuse, while others may
require only removal from the situation and support. Clearly, the impact of living in a home where domestic
violence is present is detrimental to the emotional, developmental and physical well-being of such a child.
Children may be inadvertently injured during a violent episode. The children may lie terrified in theirbeds as the violence rages outside their bedroom doors or cower within the safety of a closet or other hiding
place. In the worst case scenario, children may suffer serious injury or be killed in the batterer’s continuingendeavour to control his victim completely.
Many children exhibit signs of post-traumatic stress disorder after witnessing domestic violence.
Symptoms may include inability to sleep throughout the night, bedwetting, anger acted out through tempertantrums or anger directed inward manifested in such ways as withdrawal or disassociation. As children
grow older, they may experience feelings of guilt for not protecting their mothers and may turn to drugs or
alcohol to numb these feelings. School-aged children tend to have poor academic performance, are absent
frequently from school and may have either behavioural or psychological problems such as withdrawal anddisassociation.
Children who grow up in homes where domestic violence occur are also more likely to abuse others or
become victims of abuse as adolescents or adults. At a very early age, male children who have witnessed
their fathers’ abusive behaviours may begin to behave similarly toward their mothers and female siblings. By
age five or six, some children are disrespectful of the victim of domestic violence for her perceived
weakness and begin identifying with the batterer. Female children learn early that their mothers are
subjugated by the abusiveness of their partners. Unfortunately, those perceptions are normalized andchildren actually begin to believe that their experiences are no different from the experiences of their friends
or classmates.
Witnessing violence can trigger an array of problems in terms of physical health, as well as cognitive,
emotional and behavioural aspects. The impacts of conjugal violence on children vary, are multi-dimensional,
and also depend on their emotional and intellectual maturity.
The more visible impacts upon these children are manifested in so-called mood related disorders such as
excessive crying, sadness and anxiety. The child may suffer from sleeping and eating disturbances due to thedisruption of the normal routine at home. The aftermath of violence also fosters lack of responsiveness toadult stimulation.

IV. REGULATION OF DOMESTIC VIOLENCE AND CHILD ABUSE AND LIMITATIONS
A. Regulation of Domestic Violence and Child Abuse
In the Indonesia Penal Code, there are several offences that may be applicable to domestic violence and114

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child abuse. They are:
• Violence (Article 89)
Using physical violence - when one person uses force to inflict injury• Harassment, stalking (Article 284, 289)
• Rape (Article 285)
• Abuse (Article 351-354)
These offences are still general and not specific enough to deal with domestic violence and child abuse.
For example, the term “rape” does not include marital rape. This means marital rape is not a crime underthe Indonesian Criminal Code. The Code defines rape as an act of forced penetration that takes place outsideof marriage. So the “rape” occurs only between a man and a woman who is not the man’s wife. Article 285
explicitly states this, “Those who...force a woman to have intercourse outside of marriage are under threatof imprisonment....because they have committed rape”.
Indonesia has ratified the international documents concerning domestic violence and child abuse. Theinternational documents that have been mentioned above influence Indonesian regulations.
The last decade has been marked by an increasing awareness of domestic violence and child abuse inIndonesia. On September 22, 2004, the country enacted the Domestic Violence Protection Act No. 23/2004(UU Perlindungan Kekerasan Dalam Rumah Tangga), which aims at protecting and ensuring the safety offamily members from violence within the domestic environment. This Act legally assures the protection of
wives, husbands, children, relatives, domestic workers and any others who work and/or reside within thefamily.
However, Indonesian law does criminalize domestic violence specifically through the Domestic Violence
Protection Act. Under this Act, the definition of domestic violence is:When the family members use physical violence, psychological violence, sexual abuse, and abandonmentof family
The offence of marital rape is enacted in Article 5 and Article 8 of the Act. Domestic violence in the Act
includes physical, psychological and sexual violence and the abandonment of family member(s).
Victim’s protection and rehabilitation programmes are included in the Domestic violence Protection Act.
In Article 16, the victim’s rights are:1. protection from family, police, public prosecutor, court, advocate, social institution, or other party, fora while or based on court stipulation;
2. medical treatment;
3. special investigation related to victim’s secrecy;
4. social advice and advocacy through the legal process; and5. Religious advice.
In 1997, the country enacted the Child Protection Act (Act No. 23/1997). A child is someone below 18
years old and includes the unborn baby. In Article 13-16, the child’s rights are protection from:discrimination; exploitation, economical or sexual; neglect; violence, abuse; unfairness; and others.

B. Treatment of Offenders
Besides imprisonment and fines, Judge can give additional punishment such as:• An order to refrain the offender from approaching the victim;• An order to the offender to vacate if it is necessary to prevent the victim from having to meet theoffender;• An order for the offender to follow a counselling programme.
C. Legal and Implementation Problems
Domestic violence is recognized as a criminal act, but it is still considered rather a family affair because
the husband is seen as the leader who has the right to educate or to correct his wife. Besides, cultural
attitudes toward the law do not support woman’s demands for legal rights.

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Although Indonesia enacted the Domestic Violence Protection Act, the court process is not easy.
Domestic violence is an offence that warrants a complaint (offences on complaint). The victim can giverights to her family to report the violence but still needs to frame it as a “victim” report. This means that if
the victim does not report the incident of violence to the investigator, there is no case.
It must be noted that domestic violence in general is an under-reported crime. The actual number ofincidents would be far greater if there was not such a strong social stigma attached to it, in addition to thelimitation of services available to victims. However, based on the aforementioned statistics, we can assume
that the number of children who suffer in silence from the effects of domestic violence is also significant.
In Indonesia, every criminal case is tried in a general court. There is no special court such as a family
court to handle domestic violence cases.

V. STRATEGIES TO CONFRONT DOMESTIC VIOLENCE AND CHILD ABUSEIn recent years due to the seriousness of their effects, domestic violence and child abuse is not just a
local or a national issue, but has become an issue of concern to the international community.
In consideration of the above mentioned, domestic violence seems to be an interdisciplinary problem
relating to politics, socio-culture, economics and others. A patriarchal family system has dominated domestic
relations.
The strategies to confront domestic violence and child abuse, it is recommended, should be aware ofthree aspects of law: substance, structure and culture.

A. Substance
Law reform especially the Domestic Violence Protection Act and Marriage Act.
B. Structure• Governments need to be aware that their actions may be considered an unreasonable invasion offamily and personal privacy and parental rights when they intervene in such cases. Governments are
required to establish appropriate legislation and guidelines for criminal justice practice and tomonitor its implementation. (Article 11, 12).
• Criminal justice agencies are required to develop an integrated approach and to implement it into
practice through networking with related sectors. This should include an integrated programme forvictims witness protection and rehabilitation.
• Create Crisis Referral Services.
Another recommendation is to create local hotline or crisis referral services that can take calls fromwomen or family members or concerned neighbours regarding a given case or incident, or an inquiry
about legal, medical or psychological services. Such a service would allow organizations to reachthose women who are less willing to come in person to a station or centre to access services andinformation. It would also give others the opportunity to speak on behalf of frightened
women/children.
C. Culture
The public should acknowledge that the issue of domestic violence and child abuse is not just a private,family matter, but also a serious crime, which needs to be prevented by the community as a whole.
It appears that proactive or holistic efforts to address domestic violence through community development
schemes, women’s self-help collectives, efforts to raise public consciousness on the issue of domestic
violence and on the economic and political empowerment of women, are also important. These strategies
attempt to change conditions that might be responsible for domestic violence. These efforts can potentiallyreach the vast majority of women who do not or cannot come forward to complain about domestic violence.
Violence is a learned behaviour. Domestic violence is cyclical, which is often transferred acrossgenerations. This is a form of multigenerational violence and people just attempt to eradicate its prevalence
through prevention, rehabilitation and advocacy. Nevertheless, it is recommended that woman’s andchildren’s activists in particular continue to promote this issue, otherwise we will be guilty of sanctioning

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the legacy of multigenerational violence in our societies.
•

•

•
•

Raise public awareness of women’s rights through legal training:
Public awareness programmes that are carefully imagined, designed and coherently oriented aroundeconomic and political initiatives, and that include gender sensitization components ought to be
utilized in a variety of settings. In order to accomplish this, networks between organizations,
between activists, and between state officers need to be strengthened; funding needs to bechannelled towards improving mutual contact and communication between the state and voluntary
sectors; and meetings and conferences to address strategies need to be systematically encouraged.
Address physical and emotional trauma of victims and perpetrators:
An awareness of the relationship between violence and trauma, the complexities of psychologicalhealth and/or the need for longer-term counselling is an important component, which needs to befurther examined. Furthermore, efforts to reach the batterer or perpetrator of violence are currently
nearly non-existent, yet important to develop.
Raise awareness of criminal justice agencies.
Raise awareness of the mass-media.

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COUNTRY REPORT - MALAYSIA
By Nor Azilah Binti Haji Jonit*
I. INTRODUCTION
Malaysia has always been against any form of violence especially to women and children and in ratifying
the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
and the United Nations Convention on the Rights of the Child (UNCRC), Malaysia has since developed
programmes, legislation and education to protect them. The government has always regarded these issues
as very important and very crucial to the nation.
In 1999 the government set up the Ministry of Women, Family and Community Development headed bya female minister to oversee, handle and resolve some of the issues surrounding women, family andchildren. Since then, there has been much focus and emphasis on women’s development and child care,
protection from violence and women’s and child’s rights. The development of legislature, programmes onawareness and community based projects are progressing tremendously.
Thousands of women and children from all communities, class, background, race and religion are
experiencing these abuses daily in our society. Mostly, they suffer in silence. They do not know the optionsof getting help and support. They are not aware of the law and the legislation to get protection, to seek
justice and demand their rights.
Domestic violence and child abuse are two profound areas that have been widely discussed by both thegovernment and the non-government agencies. Over the years, Malaysia has developed its own strategies
and plans to help protect women and children from violence and abuse.

II. CURRENT SITUATION
Since the Domestic Violence Act 1994 and The Child Act 2001 being enforced, there has been wide
coverage on this particular legislation in the media. Women and children are more aware of the laws that canprotect them, voice their rights and demand justice for them. Though, cases of both domestic violence andchild abuse are increasing yearly, this of course draws much concern for the fact that this violence isprevalent and the victims now know and are aware of the avenues to get help.
As for domestic violence, in the year 2004, the Royal Malaysia Police received 3101 reports of domestic
violence as compared with 2555 in 2003, an increase of about 21.3%. In 2002, there were 200 more cases
than in 2003. (Please refer to Appendix, Table 1).
Most of the perpetrators are family members, those who are closest to the victim and those they love somuch. Table 2 shows the relationship of the perpetrators to the victims.
It is also noted that one of the main reason for domestic violence are misunderstandings besides jealousy,
alcohol and drug abuse and money matters.
As for cases of child abuse (physical) it was noted that 158 cases were reported as compared with 134
cases in the previous year, an increase of about 17.9%. (Please refer to Table 3). Fathers are the mostcommon child abusers in Malaysia (Please refer to Table 4).
As for incest, the reported number of cases are shown in Table 5. It shows an increase every year and is a
cause of grave concern. Girls of 16 and below, are considered raped whether with or without their consent tothe act (see Table 6).
Like domestic violence, most of the sexually abused children know their perpetrators. Table 7 shows therelationship of the perpetrators to the victims. For incest cases, the perpetrators are their own loved ones,* Head, Sexual Investigation Unit, Criminal Investigation Department, Royal Malaysia Police, Kuala Lumpur, Malaysia.

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those most dear to them. Section 376A of The Penal Code defines incest as having sexual intercourse withanother person whose relationship to him or her is such that he or she is not permitted, under the law,religion, custom or usage applicable to him or her, to marry that other person.

III. INTERVENTION AND PROTECTION OF VICTIMSFor the purpose of intervention, the Welfare Department has already provided a hotline number 1-800883040 for any information from the public about any abuse that they know of. Any person who has reason tobelieve that an offence involving domestic violence is being or has been committed may give the information
to an enforcement officer. No person who gives such information in good faith shall incur any liability for
defamation or otherwise in respect of giving such information as stipulated in Section 18 (1) and (2) of theDomestic Violence Act.
Provisions under both Acts also provide protection to victims as below:

A. Domestic Violence Act (DVA)
Under this Act there are two types of protection the victims can ask for. They are:
1. Interim Protection Order
This special provision is to protect women from further abuse after a complaint is formally lodged.
Section 4 (1) of DVA states that, the court may, during the pendency of investigations relating to thecommission of an offence involving domestic violence, issue an interim protection order prohibiting
the person against whom the order is made from using domestic violence against his or her spouseor former spouse or a child or an incapacitated adult or any other member of the family, as the casemay be, as specified in the order.
Section 4 (2) states that an interim protection order shall cease to have effect upon the completion of
the investigations.
2. Protection Order
Section 5 (1) the court may, in proceedings involving a complaint of domestic violence, issue any one
or more of the following protection orders:(i) a protection order restraining the person against whom the order is made from using
domestic violence against the complainant;(ii) a protection order restraining the person against whom the order is made from using
domestic violence against the child;(iii) a protection order restraining the person against whom the order is made from using
domestic violence against the incapacitated adult.
Section 5 (2), the court in making a protection order under paragraph (1) (a) or (b) or (c) may
include a provision that the person against whom the order is made may not incite any otherperson to commit violence against the person or persons.
One of the problems faced by the police is in serving the order upon the perpetrator as mostof them try to avoid this by moving to a new address or place of work without leaving aforwarding address.
Other kinds of protection are:•

Safe houses
It’s the option of the victim whether to choose to stay in a safe house or otherwise. The Welfare
Department has 28 houses all over Malaysia to give temporary shelter to these women. More arebeing designed to meet the purpose at the state level and these premises are called ‘Rumah Nur’ orHouse of Light.

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Court proceedings
Giving evidence in court against a person who is very close to the victim is another area thatsometimes affects the smooth flow of the proceedings. Victims may request to give evidence
through a video link in court. She/he will not be in the court room with the perpetrator/s.

B. Child Act 2001
The Child Act provides provisions to protect abused children or children in need of care and protection as
follows:
1.
2.
3.
4.

Restrictions on media reporting and publications;
Duty of Protector/Police Officer taking a child into temporary custody and putting them in a safe
house;
Duty of medical officer to report any finding of abuse on a child to a protector or a police officer while
examining the child; andDuty of family member/child care provider to inform protector.

IV. CRIMINAL INVESTIGATION AND SENTENCING PROCESSAll domestic violence and child abuse cases are classified under the Penal Code, except those not statedherein. There are two types of investigations. Firstly, investigations carried out by the Welfare Department
where sometimes the victims or the family do not wish to indict the perpetrators for reasons best known tothem. But if the officer finds that an offence has been committed the victims or any family members will beadvised to file a formal complaint to the police. Secondly, an investigation carried out by the police
commences once a report is formally lodged directly to the police.
Some of the common problems faced by the police during investigations are as follows:

A. Process of Investigation
1. Domestic Violence Offences
Under the Domestic Violence Act 1994, all provisions shall be read together with the provisions of thePenal Code. Though there are sufficient provisions for physical abuse, there is no provision for psychologicalabuse. Such abuses are quite commonly reported but in view of the absence of such an offence under the
Penal Code, investigation procedures will not be initiated.
2. Withdrawal of Reports
Almost 80 per cent of the cases reported ended up with a request of withdrawal by the complainants who
are normally the victims of violence. Though the prerogative of granting withdrawals lies with the publicprosecutors, it is quite apparent that the victim’s request most of the time needs to be adhered to as they
will foil prosecution by not giving their cooperation e.g. not attending court or giving unfavourable evidence
during prosecution. Only 8.6% or 266 of the cases reported in 2004 were prosecuted.
3. Lack of Cooperation
There are cases where victims do not get support from other witnesses who are family members. In suchcases, victims will seek not to proceed with the case. There are also instances where victim themselves do
not follow the requirement to be medically examined.
4. Delay in Reporting
Victims of domestic violence cases, more often than not, will only report to the authorities after a certain“consultation” period. By such time physical evidence is no longer visible or has fully healed. His/her
credibility will be questioned.
5. Reluctance
Reluctance to seek assistance due to shame, fear of retaliation from their spouses and lack of awarenessthat domestic violence is a crime are some of the factors that contribute to continuous abuse.
6. Attitude
All domestic violence cases are investigated by the police. Complaints regarding insensitivity of the law

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enforcers from domestic violence survivors are seldom received. Nonetheless, efforts to consistently teach,remind and reinforce the practice are carried out at regular intervals.
As for child abuse cases, the limitations of investigation are as follows:(i) victim is too young to understand the questions posed to him/her;(ii) the answers given are not rational and do not answer the questions being asked;(iii) delay in lodging a police report and therefore it is hard to trace back the physical injuries suffered by
the victim and to some extent the injuries are already fully healed;(iv) the abuser is closely related to the victim and therefore the victim is reluctant or refuses tocooperate with the authorities during the investigation for the following reasons:a)
b)
c)
d)

fear that they might lose their family ties and shelter;
being separated from the family;that the abuser is the ‘sole bread winner’ of the family;
being accused as a problem maker in the family;(v) As far as sexual abuse is concerned, the police encounter difficulties in getting corroborative
evidence. This is so as a ‘rule of prudence’, for the simple reason that it’s very seldom that they get
an independent witness to the act that mostly happened between the perpetrator and the victim only.
Though corroboration can be in the form of a DNA test, chemistry reports and medical reports, thefact is that when these cases are reported to the Police, the victim has actually washed away all theevidence when he/she takes a bath.
In these types of cases too, the problem will only come to light when the child, mostly teenagers, getpregnant and other factors such as an infection of a sexually transmitted disease, is active in sexual
activities while at a very young age and changes in behaviour.

B. Prosecution
The prerogative to charge lies in the hands of the police and in more serious offences, the Deputy Public
Prosecutor. In court the prosecutor can be either a Deputy Public Prosecutor or a Police Prosecutor.
Some of the problems in prosecuting are as follows:1.

the court proceedings take such a long time and therefore the victim or the witness finds it difficult
to recall the fact of the case or evidence or sometimes they do not want to remember a bitter
experience that had happened previously (emotionally disturbed/sad);2.

difficulties in tracing the witness/victim who have moved to other places;3.

application by the victim to withdraw the case after being induced by family members for reasons
best known to them;4.

the victim feels uncomfortable, scared and ashamed especially when the accused person is in thesame court room.

C. Sentencing
The court takes into account the offence charged and the seriousness of the case when sentencing an
accused. The court has to examine all the evidence put before it from all points of the law such as credibility
and competency of witnesses and corroborative evidence before convicting an accused person. If theprosecutor or the defence counsel feels that the punishment is inappropriate, an appeal is filed in the High
Court.
A child as a witness may affect the trial proceeding dynamics considering the child’s age, mental andpsychological development and language and literacy ability. The child’s competency and understanding of
the obligation of oath and telling the truth will be looked upon as vital before a court can make a decision.

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V. TREATMENT OF OFFENDERSConvicted offenders will be sent to prison accordingly. As rehabilitation, they will undergo counsellingsessions and also attend religious classes conducted by the appointed prison religious officers. They are also
given vocational training and education. At the moment, there is no psychologist attached to the Departmentof Prisons in Malaysia to carry out psychological evaluation and treatment necessary for them. There arealso no programmes yet to be developed, especially community based programmes for these ex-offenders.
However, proposals and recommendations for parole and probation systems are in the pipeline.

VI. PROBLEMS
The statistics, which are only the tip of the iceberg, show that many women and children have comeforward to get help. Undeniably, many women prefer not to report the violence because of factors statedbelow.

A. Society
Women will stay in an abusive relationship/marriage because they may fear the stigma of being divorced.
They will be looked upon as having failed in the marriage. They are also made to bear the burden of being
responsible for the “make” and “break” of the marriage. Many women fear being branded as a bad motherand wife who does not keep the wedding vows they made. Her knowledge of available community services
may be limited and therefore she believes she has no other choice but to stay in the abusive relationship.
B. Emotional
The longer the woman lives in an abusive relationship the harder it is to leave as the woman loses her
sense of worth and dignity along the way. This may cause her to have a very low self-esteem, andconsequently contributes to her inability to leave. Other reasons may include her fear of the unknown anduncertain future, her love for the spouse and the hope that the spouse will change for the better. These
women too are made to believe that they provoke the violence and that her children need their father, hence
an abusive father is better than no father.
C. Economic
In many cases involving domestic violence, husbands have made sure that their wives do not work eventhough they are unable to provide for the family. This is a form of control over his wife. It becomes a problem
for the woman because she cannot leave home, having no money and being unemployed. One of the otherreasons why women stay is because they may have nowhere else to go. The children may be young andtherefore she is unable to get a fulltime job as she has to take care of the children. She may feel bad that she
cannot provide her children with the best food, shelter and security.
VII. THE CURRENT LEGISLATION
A. The Domestic Violence Act (DVA) 1994
In 1985, women’s groups started campaigning to create awareness of violence against women. A special
committee was formed in 1989 comprising of the Association of Women Lawyers, Women’s Aid Organization(WAO), All Women’s Action Society and other groups of societies to discuss and propose new legislation.
Royal Malaysia Police (RMP) officers were invited in the discussion pertaining to investigation andprosecution of perpetrators. This enabled the RMP to contribute and played a major role in enacting the Act.
Two years later, the draft was ready. In 1994 a special act was enacted to provide legal protection insituations of domestic violence and matters incidental thereto and is called the Domestic Violence Act 1994
(Act 521). It came into force in 1996.
The Domestic Violence Act 1994 was designed to grant both civil and criminal remedies for the survivors
or victims of domestic violence, irrespective of race, religion, and cultural and family background differences.
Domestic violence per se is not a specific crime under the Act. However, Section 3 of the DVA is to be read
together with the provisions under the Penal Code and thus bind the investigation under the Criminal
Procedure Code.
The Act provides protection to all persons in Malaysia including the spouse (including de facto spouse),
former spouse, child, incapacitated adult or any member of the family.

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This Act is enacted to curb the use of violence as a weapon to settle domestic disputes and to safeguard
the marriage institution. It also acts as an instrument for the victims to seek protection and justice. It is notmeant to destroy the family institutions.
1. Definition of Domestic Violence
Section 2 of the DVA states that – domestic violence means the commission of any of the following acts:(i) wilfully or knowingly placing or attempting to place the victim in fear of physical injury;(ii) causing physical injury to the victim by such act which is known or ought to have been known would
result in physical injury;(iii) compelling the victim by force or threat to engage in any conduct or act, sexual or otherwise, fromwhich the victim has a right to abstain;(iv) confining or detaining the victim against the victim’s will; or(v) causing mischief or destruction or damage to property with intent to cause or knowing that it islikely to cause distress or annoyance to the victim,
by a person against –a) his or her spouse;b) his or her former spouse;c) a child;d) an incapacitated adult; ore) any other member of the family.
“Spouse” includes a de facto spouse, that is to say, a person who has gone through a form of
ceremony according to the religion or custom of the parties concerned, notwithstanding that such
ceremony is not registered or not capable of being registered under any written law relating to thesolemnization and registration of marriages.
2. Enforcement Officers(i) the Police(ii) officers from the Social Welfare Department.
3. Duties of Enforcement Officers(i) assisting victim to file a complaint(ii) providing and arranging transportation to hospital(iii) explaining rights to protection available(iv) accompanying victim to collect their belongings(v) exercising power of arrest(vi) removing or supervising the removal of a person excluded from a shared residence.

B. The Child Act 2001
The death of baby Sundram, a two year old boy, in 1999 as a result of continuous abuse by an adult,
triggered grave concern amongst the government, community and non-governmental organizations. There
was a hue and cry by almost all walks of society that something had to be done to protect vulnerable children
from being physically tortured. Although the Child Protection Act was in force at that time, there was a needfor it to be reviewed together with the Juvenile Courts Act and the Young Women and Girls Protection Act
that also concerned both the victims and young perpetrators, thus The Child Act 2001 (Act 611) was born.
Malaysia being a country that ratified the UNCRC has since developed and drawn-up programmes toprotect children from physical, emotional and sexual abuse. Articles 19 and 20 specially demand the stateparty to be responsible for the well-being of abused children.
All cases are classified under the Penal Code except on ill-treatment, neglect, abandonment or exposureof children in a manner likely to cause him/her physical or emotional injury or causes or permits him/her tobe abused, neglected or exposed which is an offence under this Act.

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The Act also provides:
1. Protection of children in need of care and protection;
2. Temporary shelters and houses for victims;
3. Rehabilitation and Probation Institutions;
4. Powers of Investigation;
5. Roles and Responsibilities of the Court for Children.

VIII. INTEGRATED APPROACH
1.
Besides civil and criminal remedies and procedures, at the ministerial level action plans are being
structured. The National Policy on Women Action Plan is one that responds to CEDAW. This plan wasendorsed by the Malaysian Cabinet in 1989 and one of the special sectors that have drawn concern andactive response is of course, violence against women. Positive and effective solutions to address the
problems have been carried out by raising public awareness and to bring about positive attitude changes.
2.
The Ministry of Health has set up One-Stop Crisis Centres in all major hospitals to handle survivors
efficiently without having to go through much hassle queuing up with other patients.
3.
A similar approach is being adopted by the Royal Malaysian Police Force in handling survivors ofviolence relating to sexual crime and also domestic violence. A “One stop centre” has been setup in a
number of District Police Headquarters for victims of not only domestic violence but other criminal cases
too, where they are put in a special room to be attended to. The newly set up Victim Care Centres, haveconducive surroundings attended by trained police personnel who will facilitate and assist the survivor tolodge reports and to further furnish information about his/her encounter. Initial counselling sessions will be
carried out by qualified counsellors. Referrals to appropriate agencies will be carried out accordingly.
4.
They have the opportunity to be given an option whether to give evidence in the court room itself or
through a video link facility when they testify in court. Even though there is only one court in Kuala Lumpurthat has been equipped with such facility, the positive feedback from the public was very encouraging,enough for the government to equip other courts with the same facilities.
5.
The Department of Social Welfare, under The Ministry of Women, Family and Community
Development and related NGOs have carried out awareness campaigns periodically in the mass media but
it’s impact has been minimal and limited especially to the urban areas and the need to reach-out more widelyis imperative. To address this issue, they have since in April 2002, begun a nationwide campaign throughposters and billboards as the main source of medium. The posters were posted at various vantage locations
for maximum coverage.
6.
Another on-going programme launched by the Department of Women’s Development under the same
ministry is a campaign known as Wave (Women against Violence). This programme’s major concern is to
educate the public about their rights, the law and procedures governing them and also the different forms ofabuse that are prevalent in society. It also provides information on options on how to deal with the situation
when it occurs. Recently, the department has recruited, vetted and trained 388 volunteers nationwide tohelp these battered women.
7.
The National Social Policy was recently launched. It is a holistic approach to incorporate physical,
emotional and intellectual prowess in the race to attain economic development. The Social Welfare
Department is one of the main referral resources. They provide shelter for abused women and to-date there
are a total of 28 safe houses run by the Welfare Department. These facilities are adequately equipped toensure the comfort and safety of the victims and their children.

IX. OTHER PROGRAMMES DEVELOPEDThere are other programmes developed by the various organizations such as follows.
1. Good parenting training – aimed at improving the emotional bonds between parents and their children,
encouraging parents to use consistent child-rearing methods and helping them with the necessary skills todevelop self-control in bringing up children. These programmes are on-going and being conducted by variousorganisations both government and non-government.

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2. The non-governmental organizations are actively keeping abreast with these issues. There are alsosimilar programmes carried out by them, such as AWAM (All Women against Violence in Malaysia) andWAO (Women’s Aid Organisation). They have been very active, vocal and work hard to combat this menace.
They also provide counselling; conduct training for trainers and organize seminars and workshops toenhance knowledge and awareness.
3. The Islamic Religions Department has set up temporary shelters for Muslim survivors of domestic
violence throughout Malaysia. They also provide legal and counselling services to their clients.

X. NEW LEGISLATION/PROCEDURES
Giving evidence in court can be very traumatic for a child. A child has always been seen as a fragile
witness, who doesn’t understand or differentiate between fantasy and reality. Sometimes they are seen as
liars in court. The rule of prudence requires corroboration for a child witness, and the adversarial systemand cognitive level of development of a child, hinder a conviction of the perpetrators.
There are a number of programmes developed to help these children when they become victims tocertain crimes perpetrated by adults. With the introduction of “child friendly policing” by the Royal Malaysia
Police in 2000, and with the assistance by the British Government, a special committee was set up to help
children testify in courts. The committee headed by The Legal Affairs Division; The Prime Minister’s
Department, with various agencies concerned, formed the technical committees as follows:
1.
2.
3.
4.
5.

Legal Affairs Division (Policy) – Technical Committee on Working Together Documents;
Attorney General’s Chambers - Technical Committee on Legal Frameworks;
Royal Malaysia Police – Technical Committee on Video Recording of Child Witnesses;
Welfare Department – Technical Committee on Witness Support Service; andJudicial Department – Technical Committee on Infrastructure in Courts.

As of today, about 450 children have been given the opportunity to have their testimony recorded throughvideo. Even though the proposed new legislation has not been passed yet, two tapes have been tendered incourt through Section 65 of the Evidence Act that is about admittance of secondary documents such as video
recording. When the new law is passed by Parliament, the evidence of the child will be accepted andadmitted as direct oral evidence during examination-in-chief.
A distressed child needs intervention and support from their parents and other people. Through thisproject, the Welfare Department set up the Witness Support Service to help prepare these children for acourt hearing. A social worker will be assigned to the child and to explain about the system, what a hearing
is all about and take the child around the courthouse before the trial. This worker will attend to the childthroughout the proceedings.
Working with an abused child requires an investigation by each of the various agencies from their own
perspective. The Police have a different role and responsibility when treating a child as a victim of abuse,
likewise the Welfare Department and the Health Department. After an investigation is completed, theAttorney General’s Chambers will decide whether to prosecute after weighing all the evidence. These
procedures and roles of the different agencies are compiled in a working together document and are now in
the final stage to be forwarded to the Cabinet.
As for the perpetrators, recommendations have gone to Parliament to make it compulsory for exoffenders in sexual offence cases to report to the nearest Police Station in the area he/she wishes to stay andbe put under police supervision for the duration deemed by the court.

XI. CONCLUSION
The problem of domestic violence and child abuse cannot be solved by having laws and procedures alone,which must be seen as just one method of providing a solution to the problem. Legal methods of deterrence
may in many cases simply not be an appropriate or effective method of preventing violence in the family.

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More efforts have to be taken to make society aware of the dimensions of the problem throughcampaigns, seminars and conferences. Mass media must be more effectively used to create a respectful,concerned and highly moral society because violence and abuse are about self-respect and respect of otherhuman beings, irrespective of their relationships.
Community based projects which involve the society at large should be developed to create awarenessamong the people that domestic violence and child abuse are crimes. They should be made well aware of thecurrent situation, the law concerning the issues and measures taken by the government and nongovernment agencies.
The Prime Minister recently launched a new concept based on Fundamental Principles of Islam, Islam
Hadhari or “Modern Islam” and introduced ten principles, one of which is protection of the minorities
including protection of women. This is seen as one of the platforms for the advancement of women, family
and the community as a whole in Malaysia and to steer the nation to be a well developed nation,
economically and psychologically, by the year 2020.

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APPENDIX
Table 1: Reported Cases of Domestic Violence According to States in Malaysia
for the Years 2002, 2003, 2004 and 2005 (January – February)
State

2002

2003

2004

200
2005
5 ( Jan – Feb)

Perlis

39

32

53

4

Kedah

177

179

264

44

P/ Pinang

269

231

255

47

Perak

135

123

85

14

Selangor

942

805

932

151

K/ Lumpur

131

96

95

16

N/Sembilan
N/
Sembilan

242

301

262

23

Melaka

67

68

104

36

Johor

187

234

465

56

Pahang

202

188

206

31

Terengganu

10

9

21

2

Kelantan

47

19

27

2

Sabah

85

69

124

11

Sarawak

222

201

208

40

Total

2755

2555

3101

477

Table 2: The Perpetrators in Domestic Violence Cases in Malaysia
Relationship

2002

2003

2004

200
2005
5 ( Jan – Feb)

Husbands

1700

1540

2018

300

Wives

47

49

41

6

Fathers

72

69

102

11

Mothers

18

17

30

4

Father-In-Laws

25

26

35

3

Mother-In-Laws

5

10

4

4

Sisters

13

16

23

1

Younger Brothers

91

74

112

20

Brothers

105

88

118

11

Sister-In-Laws

17

12

8

1

Brother-In-Laws

184

160

150

37

Ex-Wives

11

1

12

6

Ex-Husbands

91

95

88

16

Offspring

104

83

110

30

Others

272

315

250

27

Total

2755

2555

3101

477

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RESOURCE MATERIAL SERIES No.69

Table 3 : Child Abuse Cases (Physical Abuse)
State

2000

2001

2002

2003

2004

Perlis

0

0

0

0

2

Kedah

7

8

8

8

15

P/Pinang

27

28

14

11

11

Perak

11

2

6

8

8

Selangor

40

49

43

34

56

K/Lumpur

16

15

13

6

7

N/Sembilan

6

7

4

12

7

Melaka

6

8

5

16

5

Johor

23

20

14

12

23

Pahang

7

6

7

5

6

Terengganu

0

2

2

3

3

Kelantan

3

1

1

3

2

Sabah

0

2

9

10

5

Sarawak

0

2

6

6

8

Total

146

150

132

134

158

Table 4: The Perpetrators of Child Abuse
2000

2001

2002

2003

2004

Father

31

27

21

35

37

Mother

29

25

26

32

30

Step-Parents

3

18

11

16

15

Uncle

3

3

4

2

0

Aunty

2

6

2

2

2

Other Relatives

8

0

1

2

1

Guardian

28

25

15

12

24

Teacher

10

11

2

2

3

Unknown

19

27

47

24

42

Grandparents

1

1

2

7

3

Adopted Family

7

4

1

0

1

Neighbour

4

2

0

0

0

Employer

1

0

0

0

0

Brother

0

1

0

0

0

Total

146

150

132

134

158

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Table 5: The Number of Incest Cases in Malaysia
State

2000

2001

2002

2003

2004

Perlis

1

1

4

1

4

Kedah

21

12

31

21

28

P/Pinang

6

13

11

3

11

Perak

16

14

27

29

27

Selangor

29

32

47

35

39

K/Lumpur

9

15

10

9

21

N/Sembilan

7

17

10

14

22

Melaka

13

8

10

15

14

Johor

29

34

47

47

52

Pahang

13

18

35

19

21

Terengganu

16

18

15

6

13

Kelantan

9

21

16

11

16

Sabah

24

30

27

29

44

Sarawak

20

13

16

15

25

Total

213

246

306

254

334

Table 6: Age of Victims
Victim’ss Age
Victim

2000

2001

2002

2003

2004

Below 16

137

166

196

166

214

Above 16

76

80

109

88

120

Total

213

246

306

254

334

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Table 7: Relationship of Perpetrators to Victims
Relationship

2000

2001

2002

2003

2004

Father

67

77

77

72

99

Uncle

34

42

65

42

60

Older Brother

13

15

29

22

24

Younger Brother

1

0

2

0

1

Cousin

15

18

33

33

41

Grandfather

6

6

14

8

7

Step Father

41

52

40

42

60

Brothers-In-Law

26

23

22

20

21

Step Brother

1

4

10

6

6

Fathers-In-Law

0

1

0

0

2

Step Grandfather

3

0

2

3

4

Step Children

0

1

0

0

0

Offspring

0

0

2

1

0

Nephew

0

0

0

0

2

Adopted Father

3

7

9

5

7

Adopted Brother

3

0

1

0

0

Total

213

246

306

254

334

130

COUNTRY REPORT - PAKISTAN
By Akbar Nasir Khan*
I. INTRODUCTION
Domestic Abuse includes spousal and child abuse by parents and/or guardians. Anyone can be a victim ofdomestic violence...young, old, rich or poor; white, brown, black, yellow or red; professional or unemployed;
educated or uneducated; male or female. Domestic Violence encompasses mental, emotional, verbal, sexualor physical abuse such as constant demeaning and humiliating remarks, threats, slapping, kicking, hitting,choking, and destroying property, economic deprivation, forced sexual activity, isolation and starvation.
There have been no comprehensive studies of domestic violence in Pakistan. The main method of
gauging domestic violence in the country is by interviewing the women in the shelters, from newspaper
reports, and from interviewing the doctors and police who come in contact with the victims in extreme
cases. From conversations with women at social gatherings, in shelters, in prisons, in government, in theprofession of law and women organized into professional and social welfare groups, it seems that abuse of
women at home and wife battering in particular is very commonplace. One informal study, conducted by the
Women’s Ministry, concluded that, at minimum, 80% of all women in Pakistan were subjected to Domestic
violence’ in their lifespan in one way or other.

A. Cultural Understanding of the Issue
Approaching the subject from a human rights perspective, I believe that all forms of violence and childabuse, whatever their cultural justification, are wrong and need to be eradicated. While I stress theimportance of recognizing cultural differences and avoiding essentialism when studying domestic violence indifferent countries, this is not from a cultural relativist stance that tries to avoid cultural imperialism byrefusing to impose ‘western’ values on other cultures. I emphasize recognition of cultural differences instudying domestic violence for reasons of efficiency in effecting reforms.
It is only by recognizing culturally specific forms of violence and culturally defined perceptions of social
relations that foster abuse that we can have the most workable and realistic means of combating domestic
violence and child abuse.

B. ‘Public’ and ‘Private’ Violence
To see the difficulty presented in addressing the issue of domestic violence and child abuse, we have toanalyze the dichotomy created between (a) public and private lives and (b) public and private violence.
‘Public’ life facilitates people’s struggle against violence insofar as it is easier to collectively act and organize
against the violence. Seeing Lives as ‘private’ on the other hand, disempowers people-firstly, by failing to
see their problems as one shared by many others; secondly by making it impossible to organize against thisproblem; and thirdly by constricting horizons and limiting options. The ‘private’ life becomes subservient to‘public’ life because the later incorporates the former (or has the tendency to) while the former is excluded
from the latter’s sphere of action. As far as the nature of violence is concerned, ‘public’ violence has beenmuch easier to address because it is open to public scrutiny and condemnation. ‘Private’ violence has been
traditionally protected from public exposure. Privacy stands as the main impediment to recognition ofviolence. Firstly, private violence is shielded from public eye (as well as other private eyes). Secondly, even
if this violence and abuse of children reaches public notice, public action is deterred by non-familiarity withthe setting of the violence and the conditions that led to it. And thirdly, there is a hesitation on the part ofpeople who lead public lives to interfere in aspects of their peers’ ‘private’ lives for fear that such meddling
could jeopardize their own ‘privacy’.
‘Women and children have, historically, been relegated to the ‘private’ sphere. In addition, the home isseen as a bastion of privacy, effectively taking domestic issues out of the public eye. Domestic violence andchild abuse, thus suffers a double disadvantage to recognition (being recognised) in that (a) structurally it
affects private lives and (b) it takes place in a ‘private’ sphere. If we link recognition of domestic violence andchild abuse on a continuum from ‘public’ to ‘private’ (meaning that public violence will be recognized and* District Police Officer, Chitral N.W.F.P., Pakistan.

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addressed before private violence will) and we also view the development process as moving women andchildren’s lives along the continuum from ‘private’ to ‘private-public’ to ‘public’ then it should come as no
surprise that studies on domestic violence and child abuse, in particular, come from developed countries
because it is only in these countries that this issue has transcended the ‘private’ sphere to a great extent.
Women and children of most developing countries are still struggling to get recognition of ‘public’ violenceagainst weaker sections of society (mainly women and children) and efforts to study or systematically deal
with domestic violence are a distance away. It is only by making the home ‘public’ to the extent of the abuse
it fosters and by exposing ‘private’ relationships to public view that child abuse and domestic violence can beseen as a social problem.

C. Role of Religion
Pakistan is a Muslim country that purports to live by Islamic laws. However, the culture of Pakistan is notentirely shaped by ISLAM because historically the area that now forms Pakistan has been influenced byvarious other religions and cultures. There is no unified Pakistan culture due to variations in traditions in thefour provinces and in different regions within each province. Nevertheless, on a broad scale it is possible tocollectively talk about the ideology attached to the nature of the relationship in a Pakistani family. Thisideology stems from, or is justified by, Islamic thought. But this does not mean that problems faced indomestic life are determined by Islam. While Islamic ideology of the roles of sexes may lie at the base ofgender relations in Pakistan, the actual position of women, as manifested by social and legal attitudes
towards women, is the result of overlying pre-Islamic tribal cultural trends. For example, Honour Killings ofboth men and women are pre-Islamic tribal customs that are not sanctioned by Islam. The perpetrators often
try to give Islamic legitimacy to pre-Islamic culture.
Ironically, some of the religious leaders try to legitimize the maltreatment of women by men in theirhomes by quoting Quranic verses. The most problematic Quranic text for many women is the following
where Allah states: “As for those women on whose part you fear disloyalty and ill-conduct admonish themfirst, then refuse to share their beds, and then (as a final measure) beat them lightly. If they heed your callthen do not treat them unjustly” (Q. 4: 34). At the outset it would do us well to remind ourselves that the
Quran is the last document in which we can expect to stumble across apologetics of any kind. In its diversityof expression it represents the very spirit of divine freedom. It is in this spirit that the Quran addresses in
the most pragmatic of ways the physical, spiritual, intellectual, emotional, psychological, and even biologicalnatures of humankind. The verse, however, cannot be used to support narrow chauvinistic designs or tounderpin notions of privileged masculine authority. Shaykh Seraj Hendricks in his article ‘Authority and theAbuse of Power in Muslim Marriages’ describes that this is a total misinterpretation of the Quranic text.
(Later discussion can also be seen at http://www.crescentlife.com/articles/islamic.) The Theory of ‘modern
enlightenment’ by President Pervaiz Musharraf can be very useful to address the issue in a more pragmaticway.
Islam condemns atrocities, arrogance and humiliation in the name of honour or baseless allegations.
Therefore, the last Prophet Mohammed (Peace be upon him) advised all men to be fair, kind and courteous
towards women. “You must treat those (women) with all kindness, “The best among you is the one whotreats his family best.”

II. FORMS OF DOMESTIC VIOLENCE
Broad categories of domestic violence and child abuse include physical, sexual, psychological andemotional abuse. These types of violence tend to merge, and each abusive situation may involve different
combinations of these types. Different classes of people may be subjected to different types of abuse. It is
generally thought that victims of educated classes suffer more emotional and psychological abuse while
those from feudal, tribal and lower classes are subjected to greater physical abuse. Forms of domestic
violence and child abuse, other than beating, and that are common in Pakistan and that result in death or
disfigurement include stove burning, acid burning and honour killing (locally known as Karo-kari murders ofmen and women allegedly involved in illicit relations). Forced marriages which include child marriages,
watta satta marriages, Foregoing the right of marriage by a female (Haq Bakhshwan) and swara (giving of
women in exchange of a compromise), are forms of domestic violence that incorporate elements of physical,
psychological and emotional abuse. In addition there is the sexual abuse in the home which encompasses
marital rape and incest.

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We will try to focus on different forms of violence and child abuse according to the intensity of theviolence from battering to honour killings. We have discussed the issue from the start of a marriage. Even
the beginning is so violent that the end becomes automatically tragic. Most of the figures are fromindependent sources and can be challenged by official authorities. I have just included them to present their
viewpoint to make this discussion more impartial.

A. Battering and Yelling
In the context of Pakistani society, yelling is not taken as a violent action by partners in a home. Evenchildren take it as very normal that there parents are arguing in high tones. This happens even in lightmodes. ‘Curtain Lectures’ are given in the open theatre of the home in most of the cases. But battering is
not that easily digested in all strata’s of society. It has deep psychological consequences. According to asurvey, battered mothers are eight times more likely to hurt their children when they are being abused thanwhen they are safe from violence. We have discussed the issue from the start of a marriage.
B. Non-consensual Sex
The greatest risk of violence for women and children comes from the male family members i.e. husbands
and in the case of children from their father or stepfather. Sexual abuse of women and children includes
marital rape and incest. Marital rape is not a crime in Pakistan. Unwanted sexual attacks are seen as a part ofthe institution of marriage and the concept of exercising sexual choice does not exist in the majority ofcases. In very few cases the status of women in the home and her status in the society do empower them toexercise this right but that is exceptional even in educated classes.
C. Stove Burning
Incidents of women catching fire and burning to death while cooking on kerosene stoves is a common
form of domestic violence by husbands and in-laws of the bride. This can be equated with ‘Dowry deaths’ inIndia. It is always regarded as an accident but in the majority of cases it has been observed that it has beenused as a means of getting rid of unwanted female partners by their male partners and in-laws, including
females.
According to the ‘State of Human Rights 2004’ published by the Human Rights Commission of Pakistan(HRCP)’, “statistics compiled by the HRCP until the end of October 2004 indicated that 91 women fell
victim to burnings out of which 43 were burnt after accidents involving stoves and 48 were set on fire. The
causes of the burns in other cases were not reported. The majority of the victims were critically burnt. The
accused were in-laws and husbands in most of the cases. It was also thought that in a large number of cases,
accidents caused by stoves may in fact have been deliberate burnings. A First Information Report (FIR) was
registered in 22 cases, while only nine accused were arrested.”

D. Acid Attacks
It is a form of violence that takes place in the home and in the streets. In the first case the issue isdomestic violence as the perpetrator is normally the husband or in-laws. In other cases the main motive isrevenge. ‘Private’ cases of violence do not evoke the same response because there is a lingering feeling thatthe wife must have deserved it. HRCP opines that “acid attacks, a trend that is seen to be growing
alarmingly over the past three years, continued to rise sharply in south Punjab. Figures compiled by HRCP
showed at least 42 cases of acid attacks were reported from across the country up to the end of October
2004, mostly, over issues of a domestic and matrimonial nature. Thirty one victims were women and 11
men. An FIR was registered in ten cases while the accused were arrested in four cases”. These domestic
issues may vary from infertility to suspicion of illicit relations.
E. Honour Killing (Karo Kari)
Domestic Violence knows no bounds, with murder being its ugliest manifestation; a former or current
partner is responsible for half of all the women murdered in England and the United States. Honour killing iswhere a man murders a woman of his family due to her ‘immorality’- that is, her actual or perceived
involvement with a man who is not her husband. Although the murderer in this can be any relative of thefemale but in so many cases husbands are also involved actively in this crime. Statistics collected by the
HRCP up to the end of October showed that 464 women fell victim to honour killings, including Karo Kari.
Three hundred and eighty four killings have been carried out on allegations of having illicit relations. One
hundred and fifty one murders were carried out by husbands......”

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LHRLA, a Karachi based NGO, claim that 790 people were declared Karo Kari, 762 among them killed,
across the country during the first seven months of 2004.
Domestic violence is not only restricted to partners in wedlock. It also includes child abuse. Some of its
forms are specific to children which we will discuss now.

III. CHILD ABUSEChild abuse means physical, sexual and emotional abuse and neglect of a child by his/her (a) parents or(b) guardians. Generally, it is not believed that child abuse takes place by parents who are supposed to be theguardians and architects and most loving people of children in the world. Many people believe that parents
who abuse their children are mentally ill. Studies show that only 10% of people suffer mental illnesses who
abuse their children. The Daily Times reported a study by a non-governmental organization, Lawyers for
Human Rights and Legal Aid (LHRLA) which suggests, from a newspaper scanning over the last five years,
that a 280% increase in child abuse in Pakistan has taken place. The number of cases reported in the media
went from 4530 in the year 2000 to 1612 in 2004.

A. Forms of Child Abuse
As we discussed above, physical abuse of children is coupled with emotional abuse. In the above
discussion we have described child marriages and it is not a hidden fact that children are also sold by theirparents due to economic reasons. Stories of camel jockeys as young as three years old trafficked from India
and Pakistan are sufficient to shock any sane person.
1. Physical Abuse
Battering is the most common form of physical abuse. This is not limited to partners only. This generates
anger in the children in the family even if they are just spectators. If they are also subjected to violence by
their parents, the situation is worse. It commonly includes repeated verbal abuse of a child in the form of
shouting, threatening, or degrading or humiliating criticism. An interview study of 300 parents in Lahore,
Pakistan found 83 per cent reporting that they used corporal punishment — mostly slaps or kicks. About
three per cent reported using sticks, belts and other implements.
2. Child Marriages
Child marriages, a common practice among the poor in the rural and tribal areas by definition seem to beacts of violence against the little couple who are married off at ages as young as five or six or even before
that. The reasons for these marriages may be economic (when a child is sold off in marriage), Watta sattabarter, compensation for the wrong doing of a family member (Swara), tribal custom, or simply concern for
the well being of the daughter and the wish to see her settled as early as possible.
3. Emotional Abuse
Other types of emotional abuse are confinement, such as shutting a child in dark closet and social
isolation, such as denying the child a friend. The normal reactions to such hurts should be anger and pain;
however, since children in this hurtful kind of environment, are forbidden to express their anger and since itwould be unbearable to experience their pain all alone, they are compelled to suppress their feelings, repress
all memory of trauma, and idealize those guilty of abuse. According to a report by the Ministry of Social
Welfare, an average of 10,000 children flee their homes every year after being maltreated or tortured bytheir schoolteachers, parents and other family members. As per a survey by the NGOs’ Coalition on Child
Rights (NCCR), on the basis of data collected from eight districts in the NWFP last year, some 404 children
ran away from home to escape torture by family members and teachers.
4. Neglect
The most common form of child abuse is neglect. This emotional abuse destroys a child’s self esteem.
Physical neglect involves a parent’s failure to provide adequate food, clothing, shelter, or medical care to achild. It may also include inadequate supervision and a consistent failure to protect a child from hazards or
dangers. Emotional neglect occurs when a parent or caretaker fails to meet a child’s basic need of affection
and comfort and encourages him to engage in delinquency. Another form is depriving the child of his basic
right to education, either by failing to enrol a child in school or by permitting him to skip school. In middle

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and lower middle classes this behaviour is condoned by mothers and the father is not aware of the situation.
Both do not address the issue and it often results in the child dropping out of school.
5. Discrimination
In Pakistan parents pray to God to have a boy in their home. One of the major arguments for polygamy
and an increase in population is a desire to have a ‘crown prince’. It is not difficult to understand in a maledominated society like Pakistan where gender inequality lies at the root of most serious crimes like honour
killings.
This generates an inferiority complex in girls at home and results in the inappropriate growth of thepersonality of the child. It also affects the personality of boys at home, where they learn to dominate theirsisters by virtue of their gender only. This is a time of shaping their behaviours. The lessons learnt fromhome are repeated in their whole life. This generates a reaction and anger in sensitive children which may
cause their poor performance at home and in school and result in them leaving home in extreme cases.
6. Sexual Abuse
If Sexual abuse cannot be attributed directly to the parents then it definitely falls under the category ofsheer neglect on their part as a failure to take care of their children allowing them to be exposed to suchcircumstances leading to this heinous crime. Sexual abuse of children has been defined as inappropriate
sexual contact with a child, where the abused child is used as an object of sexual gratification.
Mona Koser, a sociologist, who has carried out research on child abuse, told IRIN that it was difficult forher to find accurate data because people were reluctant even to respond to introductory questions. “Childabuse is on the rise because of a lack of parental attention and sex education”, she said. “There is a lot ofrepression of sexuality so this shows up in unhealthy forms. You rarely find healthy expressions of sexuality
in everyday life [in Pakistan] so sexual abuse becomes very common”, clinical psychologist Liaqat Tabssum
told IRIN.
7. Incest
Incest cases are seldom reported. The response of the public, police and courts is poor. A large number ofcases are kept under the carpet. The victims are ‘advised’ to be silent. It involves extreme shame anddishonour for the family so the victim is pressurized from all quarters to hush up. Some NGO’s note that thisissue is seldom recognized by the courts as well. The judiciary gives maximum benefit to the accused in thename of ‘saving’ the family unit. In addition, incest usually involves the defilement of young girls which, if
publicly acknowledged, would destroy their chances of marriage.
According to a non-governmental organization ‘SAHIL’ in the first four months of 2003, 39 cases of incest
were reported and only eleven were dealt with in the courts, seven out of eleven accused were acquitted by
the courts due to a lack of evidence. In 36.6 % of cases the father was accused, in 10.8% of cases stepfathers,in 6.8% cases grandfathers, in 15.10% cases paternal or maternal uncles and in 11.9% cases other relatives.

B. Some Reasons for Child Abuse
There are various reasons for abuse of children but a few are mentioned here:
1. Poverty is one main reason causing frustration and an inability of the parents to discharge theirduties in an effective manner. Forced marriages, child marriages and giving away of daughters as areplacement of compromise stem from poverty. Child trafficking and bonded labour it’s larger offshoots.
2.

Illiteracy is another big reason for abuse of children at home. Even educated people who are notaware of the subject keep on repeating the same cycle of violence which they have observed in theirown childhood.

3.

Social injustices, police tyranny, mental torture suffered by people in hospitals and district courts
generate frustration in people, which makes them less caring parents.

4.

Women who get married early and bear several children in a short span of time or those who aremaltreated by their in-laws are most likely to abuse their own children.

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5.

Similarly, the ever-growing trend of violence in society and lack of appropriate laws to checkdomestic violence make children vulnerable to torture by their parents and other members of theirfamily.

6.

Religion is also used as a tool to justify disciplining children by parents. Obedience and respect toparents is always taken as keeping quiet for all kinds of atrocities by them.

7.

Pakistan is a country situated in an area of wars for the last fifty years. Pakistan has had three wars
with India and a long war in Afghanistan has been waged over the last three decades among different
countries. India and China were also at war in the past. Being in one of the most dangerous battle
grounds, having two nuclear neighbours, it has been in the eyeball of storms for the last five
decades. There is no political stability and has been ruled by a military bureaucracy time and again.
All this conflict has not allowed a sufficient peaceful time to develop a tolerant and prosperous
society. This has directly affected the population and violent behaviour is common in many houses.

IV. LEGAL RESPONSE
A. International Obligations
Pakistan is bound to respond positively to implement the policies of CEDAW (1992) and the Beijing
Declaration (2000) and platform of Action. In general Recommendation 19 (Para 11) of CEDAW it is clearlymentioned that “traditional attitudes by which women are regarded as subordinate to men or as having
stereotype roles perpetuate widespread practices involving violence or coercion, such as family violence andabuse, forced marriage, dowry deaths, acid attacks and female circumcision”. These international binding
agreements and so many other directives and laws are obligatory for the states to effectively deal with theissue of violence against women.
B. Constitutional Guarantees
In the present Constitution, Article 25 in the Chapter on Fundamental Rights of the Citizens states asfollows:• All citizens are equal before law and are entitled to equal protection of law.
• There shall be no discrimination on the basis of sex alone.
• Nothing in this Article shall prevent the State from making any special provision for the protection of
women and children.
Article 9: “no person shall be deprived of life or liberty except in accordance with law”. Article 8: Anylaw, or any custom or usage having the force of law, in so far as it is inconsistent with the Fundamental
Rights of citizens of Pakistan, shall, to the extent of such inconsistency, be void”.

C. Provisions of the Pakistan Penal Code to Confront Domestic Violence and Child Abuse
Domestic Violence is not treated under some specific law as a crime in Pakistan. Its different aspects aretreated under different laws. As domestic violence ranges from minor injuries to causing death so all thelaws related to injury and the death penalty are very crucial. It was in 1979 that Hudood Laws were enforced
as part of the ‘Islamization processes’ of Gen Zia-ul-Haq in Pakistan. These laws included the Zina (Rape)
ordinance and Qazaf (Allegation of adultery on the spouse) ordinance 1979 as well. Different categories ofcrimes and punishments ranging from criminal intimidation to murder are also available in the Pakistan
Penal Code of 1860 but at this stage both the parties would have already decided to go their separate ways.
When the parties go to a police station for registration of cases against each other then it is presumed thatthey are no longer in a spousal relationship, rather it is a sign of enmity and an end of all negotiation andmediation.
D. Family Laws
Family courts are established to resolve family disputes related to divorce in different circumstances. It
also decides the issues related to custody of children in case of separation between the spouses. In normal
conditions, the right of divorce rests with males in Islam; however, it can be given to women at the time ofsolemnizing the marriage. Even after that a wife can ask for Khula (a divorce claimed by the wife) throughfamily courts. Under Family Laws if the husband treats the wife with ‘cruelty’ then she can get a divorce by
the intervention of the court. Courts try to mediate the issue if both parties agree, otherwise the marriage
can be dissolved. Similarly, issues of child care and non-provision of proper facilities of life for the wife and136

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children are the responsibility of the husband. If he fails to provide this, the wife can go to court forintervention. It is up to the court to decide whether she was treated with ‘cruelty’ or not.
In case of serious disputes, the family court judge nominates a three member committee, one from bothparties i.e. husband and wife and a local responsible person to settle the issue amicable. In the light of areport submitted by this committee, the judge finalizes the case. In this way public participation is also
ensured and so many cases do not result in separation or divorce. Family courts have been successful inmediation in a large number of cases. In a situation when there are no alternatives available for victims by
the state or by the private sector, victims are left with no option but to compromise on the situation.

E. Convention on the Rights of Children
In ratifying the CRC, governments committed themselves to protecting all the rights of the child - socialand economic, as well as civil and political. Under the CRC, children are not only protected from abuses ofstate power, but from all forms of physical or mental violence or abuse while in the care of “parents, legal
guardians or any other person who has the care of the child”, including schools. The CRC affirms that every
child has the right to an adequate education and standard of living. It establishes the right of the child to be
free from sexual abuse and exploitation and the illicit use of drugs. It commits states to protecting children
from economic exploitation and work that may interfere with education or damage their health.
The CRC clearly states in Article 28-2 and Article 37 that a child must be protected against all forms ofphysical and mental violence while in the care of parents or anyone for that matter. Article 37 of the CRC
reads: “No child shall be subjected to torture or other cruel, inhuman or degrading treatment or
punishment”.
The CRC, to which Pakistan is a signatory, clearly forbids corporal punishment. The Law Ministry seems
determined to push through the legislation. Parents and teachers need to be educated about the psychology
of a child to curb child abuse.

F. Child Marriages Restraint Act 1929
Legally Child Marriages are prohibited under the Child Marriages Restraint Act, 1929 (CMRA). Although
CMRA makes child marriages illegal, the punishment under this law act is minimal (one month
imprisonment and/or a fine of Rupee 1000=16$ app.) for marrying an adult person, the person whosolemnizes the marriage and for the person who is the guardian/parent of the child. A conviction under thislaw does not serve to nullify the marriage.
G. National Commission on the Status of Women in Pakistan
The Government established a National Commission on the Status of Women in 2000. It has been tasked
with:• Reviewing and recommending the amendment of laws, rules and regulations that affect women’s
rights;• Examining the policies for women’s development and making recommendations for their effective
impact and implications;• Monitoring violence against women, especially domestic violence; and• Collaborating with NGOs at the national and international level.
The Commission also has a complaint resolution role.
The National Commission on the Status of Women Ordinance 2000 established the Commission and set
out its procedures. According to the Ordinance, the Commission shall consist of a Chairperson and between
ten and twenty members appointed by the Federal Government. Members shall be from persons “ofintegrity and standing having substantial experience in law, legislation and knowledge and standing on socioeconomic and legal problems of women”. The majority of members shall be women, including one member
from each Province, Azad Jammu and Kashmir, Northern Areas and at least one member from the minorities(Art. 3 (2)). At present, the commission is performing its duties well as per its constitution. Serious
attention has been paid by the advisor to the Prime Minister for Woman’s Welfare Issues to get theauthorities to give a timely response to complaints by victims.

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H. Recent Legislation
The most important step taken by the present government is increased (33%) representation of females
in representative bodies from the council level to national assemblies. This is a sea change and it is expected
to bring very positive results. The advisor to the prime minister for the welfare of women’s affairs, being awoman, is also pursuing these issues earnestly at all levels.
As every journey begins with the first step and that step has already been taken by introducing thedomestic violence bill in one of the four provinces. Member of the Punjab Assembly, Dr. Anjum Amjad,
presented the bill on domestic violence in the assembly on October 14, 2003 but the MMA opposed it. With
more women coming into parliament with a heavy mandate, recently a private bill against domestic violence
has been introduced in the Punjab Assembly. All the bill needs is thorough support in terms of finance,
judicial and legislature flexibility with transparent de jure accountability to curtail this injustice. The bill has
not been passed yet.
The latest development in this scenario was seen on December 31, 2004 when a bill on honour crimes
was passed. This bill amended the Pakistan Penal Code and detailed discussions were carried out before andafter the bill was passed.

I. Criticism by Human Right Activists and Limitations of Laws
The Criminal Law (Amendment) Bill 2004 against honour killings, however, did not address the realissue of waiver or compounding in which the perpetrators were given the advantage of seeking forgivenessfrom the heir of the victim. The major flaw in the Qisas and Diyat law, which covers all offences against thehuman body, is that it makes such offences compoundable (open to compromise as a private matter between
two parties) by providing for qisas (retribution) or diyat (blood-money). The heirs of the victim can forgive
the murderer in the name of God without receiving any compensation or diyat (Section 309), or compromise
after receiving diyat (Section 310).
Often, the victims are the most vulnerable members of the family or community. In either case, if andwhen the case reaches a court of law, the victim’s family may ‘pardon’ the murderer (who may well be one ofthem), or be pressurized to accept diyat (‘blood-money’) as compensation. The murderer then goes free.
Impunity has been the single most important factor encouraging honour killings. As the Criminal Law
Amendment Bill does not address the issue of waiving and compounding, the perpetrators will continue tobe able to escape punishment.
Insufficient penalties are given by the Child Marriages Restraint Act 1929. It does not nullify a childmarriage. The fines are too small i.e. $16 and just one month imprisonment in no way helps to prevent childand forced marriages.
Marital Rape is not covered under any law. Hudood laws need to be amended as these are discriminatory
laws directed against women. These laws do not cover the incidence of rape for minor girls under the age oftwelve years. Similarly in the absence of four witnesses, the victim has the possibility of turning into theaccused. The female has to face charges of adultery if she fails to prove that she has been raped.

V. RECOURSE FOR VICTIMS
A. First Information Report
Section 154 of the Criminal Procedure Code of 1898 clearly defines the procedure to launch a complaint
to the Police about a cognizable crime in Pakistan. The victims have twenty four hour access to police
stations and they can register a First Information Report (FIR) under section 154, free of cost. A verbal
report over the telephone by any person is also sufficient to get the police involved. The legal proceedings of
FIR can also be done on verification of these reports. It is only after registration of FIR that the law comes
into motion and an investigation starts. After the completion of investigation the case is sent to theprosecution department which scrutinizes the case and the case goes to the courts which decide the caseaccording to the available evidence.
B. Quick Response Centres/Hot Lines
In the last five years greater stress has been given to improving the law and order situation andprotection from terrorist attacks. This has, indirectly, resulted in equipping the police force with new138

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techniques and improved their response to all crime. Police manage Rescue 15 and Madadgar (meaning
helper) managed by a non-governmental organization LHRLA) are steps in these directions. The responseunits Rescue 15 (mainly in urban areas) respond to information provided about heinous crimes that theyreceive by phone but also address the issues of domestic violence and child abuse and public complaints ofall types. ‘Madadgar’ is a private hotline available only in Karachi to address the issues of women in the city.
These centres have special information about missing children and they help in finding lost children.

C. Shelters
Government run shelters are available in limited numbers which admit women and children referred bycourts and other departments including the police. Due to limited capacity, and an ever increasing populationand victims of a different nature, these shelters are unable to actually serve as Dar-ul-Aman (House of
Peace). This has resulted in the establishment of shelters by non-government organizations. Due toincreased pressure of victims and their helplessness the need for more shelters is on the rise.
There is no place available for children suffering from parental abuse and society views it as a ‘private
matter’. The situation has worsened due to a lack of financial resources and other material constraints forthe people who want to help the victims. When the cases of child abuse are reported, law enforcement
agencies are also left with no option but to rely on the relatives of the children. In emergency situations
community members voluntarily come forward and local leaders, religious leaders or representatives are theavailable sources for the safety of victims.

D. Reporting of Cases
The society, in general, does not think that domestic violence is a crime and due to extreme poverty andthe subordinate culture of women in society, there are not many alternatives available to them. Where thesefacilities are available it is observed that the divorce ratio is increasing, especially in urban areas. One ofmajor reasons is the violent attitudes of husbands against their wives. As divorce is considered a stigma for awoman in society so women, despite these sufferings, prefer to live with it. In this situation the social set up
condones domestic violence. Even if the cases are referred to the police, both sides want to settle the issue
one way or another. According to a police officer, they just try to pressurize the other party by getting the
support of the law enforcement agency.
In practice, when cases of domestic violence are reported to a police station then it is normal to treat it asa non-criminal case. Police officers try to patch up the matter by consultations with elders of the locality orby elders of both families of the spouses. In most of the cases, this solution works. It becomes imperative forthe police to do it because there is no other standard of practice available to support the victim or to proceedagainst the offenders. Normally, the efficiency of a police station is measured by the number of criminalcases handled by that station so it is normally taken as a non-police job and a service which will not berecognized by anybody including the victims. As a result the focus from victim is shifted to hush up thematter. This results in secondary victimization in most of the cases.

E. Legal Aid
In the form of public prosecutors, the government is bound to provide legal help to the victim if he/shecannot afford the expenses. But victims do not rely on them and for better results they prefer private
attorneys. Human Rights organizations and NGOs working in this area also claim to provide free legal aid tosome victims.
F. Victim Support Programme
Victims, as far as they are in government owned shelters, are provided all necessities by the government
and their security and participation in the criminal proceedings is the responsibility of the state. However, nocompensation is paid to them for any loss they have borne during this hardship. If victims are in a criticalcondition and do not want to go back or they do not have a safe haven, they are supposed to be protected bygovernment owned Dar-ul-Aman (House of Peace), under the law. In the majority of cases thesecomplainants are only witnesses as well.
G. Witness Protection Programme
There is no witness protection programme available which is directly needed in the prevalent social
settings. In very high profile cases, the government may take such steps for the victims or witnesses.

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VI. DUE PROCESS FOR PERPETRATORSIt is important to recognize that abusive relationships are painful for both parties. These relationships areusually highly reactive and drama driven, therefore mutually abusive on some level. Clear-cut lines are hardto draw, and the victim/abuser dichotomy is an oversimplification. Abusers don’t make a conscious choice tobe abusive, just as victims don’t make a conscious choice to be victimized; they are generally doing the best
they can - given the emotional and psychological issues they face. However, it is a choice to the extent thateveryone is ultimately responsible for their own actions... whatever the underlying cause may be.
Accountability is a concept that both have to learn.
The rights of perpetrator and his/her access to appellate authorities are never impeded by any means. If
he/she is arrested then he/she cannot be detained more than 24 hours by the police and for further detention
and interrogation and collection of evidence permission from the court is compulsory. One can argue about
the problems faced by them in the criminal justice system but these problems are faced by all people whocome across the system, they are not specific to perpetrators. Rather, it is generally believed that the policeand courts favour these perpetrators due to the social status of these perpetrators or for some other ulterior
motives.
Although, some vocational and academic activities are available in prisons these are not specifically aimed
at addressing the psychological mindset of perpetrators or convicts. A systematic and organized plan of
psychiatric treatment for offenders has not been established so far.

VII. CONFRONTING DOMESTIC VIOLENCE AND CHILD ABUSE
It is imperative to develop an integrated strategy to combat domestic violence and child abuse as bothissues are connected to the same place - home. So far the issue had been handled from a gender perspective
now its time to act preventively with the support of the criminal justice system and on a long term basis
from the parameters of public health as proposed by the World Health Organization. A long term strategy
should be adopted to achieve the targets and in the meantime it is incumbent upon all concerned to
implement a short term strategy in order to prevent further damage to individuals and society.

A. Long Term Strategy• Social Development and poverty alleviation are two sides of the same coin. By improving the social
conditions, peace in homes can be restored.
•

Education for all is a key to resolve all basic issues in all societies; the Government should stressuniversal primary education. Parents should be bound to educate their children and penal sanctions
should be included in law for violators.

•

There should be an integrated national strategy coordinated with different departments of the
judiciary, social welfare departments, law enforcement agencies and with the participation of the
public to devise such plans which ensure the proper treatment of victims and provide them sufficient
support to settle their disputes and improve life.

•

New Legislation should be made to criminalize domestic violence and child abuse. The state should
promulgate relevant laws which bind the state organs to specifically intervene in cases of domestic
violence and child abuse of any nature should become a ‘public issue’. Like Japan and Malaysia, aneasy procedure is needed for reporting and mandatory reporting for people who are directly involved
with children and women at risk.

•

The State should ensure that a structural imbalance in society does not destabilize the family units.
As mentioned in the constitution of Pakistan, there should be no discrimination on the basis ofgender and women and children should be given equal rights and opportunities in all policies. The
Ministry for Women’s Development should go out of their way to monitor its programme and toensure proper implementation of its programmes.

•

Viable alternatives should be provided to victims by helping them to establish themselves andshelters should work as safe havens. These centres should be equipped with better facilities andthere number should be increased.

140130th INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS•

Perpetrators Treatment programmes should be launched. Their supervision by local elders and areport to a local committee about their behaviour should be the basis of a lenient view taken by the
court of their misconduct with their partner. Chances should be given to them to improve theirconduct in their home.

B. Short Term Strategy
A short term strategy should be implemented until the macro level goals are achieved. It should aim at
preparing the ground for meeting the goals as envisaged in the long term strategy. From state authorities toan individual, all should be committed to this action plan. The different roles of state, society and individuals
are given below.
1. Role of State• There is need to conduct a nationwide survey to systematically access the real situation of DV and
CA. Government departments like police, health and social welfare departments should be tasked torecord the cases and coordinate, regardless of any action taken by the state, in all cases. After
gathering concrete data, necessary steps can be taken.
•

Criminalizing domestic violence and child abuse is highly desired. Implementation of existing laws intheir true spirit is highly recommended to achieve the desired results. There is a need to amend the
Hudood laws as recommended by the National Commission for the Status of Women. Clauses likecompounding deliberate murder and injury should be amended.

•

Members of the judiciary, at the lower level, who deal with cases of domestic violence on a regularbasis should be sensitized.

•

Training of police officers and a coordinated effort by the police and the Judiciary through alreadyestablished Criminal Justice Committees in the districts can bring fruitful results for victims.

•

NGO’S are already working in this sector and with their collaboration new horizons can be explored.
This private-public venture can improve the situation. At the moment the issue is owned by NGO’s
only. This should be changed and the Government should collaborate with NGO’s to achieve theircommon goals.

•

Victim friendly practices (free legal aid and/or establishing more women police stations, children
response centres) should be adapted by establishing legal desks in rescue centres of the police andother departments of the district government. Incentives should be given to the workers to achieve
better results.

2. Role of Society• The importance of awareness campaigns cannot be underestimated and it is due to these raised
voices that the situation is improving in Pakistan. People are more aware of the subject and in theurban classes and educated families there is a growing sense of treating the partners with care andaffection, which is the basis of a happy married life.
•

It will be pertinent to mention here that NGO’s and the Pakistani media have played a vital role inhighlighting this issue and enlightening the public at large. The media can play a vital role and with
the increased number of TV channels the situation is further improving. It should present
programmes and talk shows which sensitize the people about domestic violence and child abuse andabout ways and means to counter it.

•

The role of religious leaders cannot be underestimated. They can work as a catalyst if the true
dimensions of the issue are brought to their notice. It is by winning partners from all strata of society
which will yield a better output.

•

Community participation should be ensured and citizens, supported by government, should comeforward and take up the challenge of treatment of offenders and victims under the supervision ofexperts. They are the ultimate losers and gainers in this situation.

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3. Role of the Individual• Every citizen is bound to refrain from domestic violence and is responsible for his or her own
behaviour and should also report to the responsible agencies any knowledge they have of potential
victims i.e. in their neighbourhood or workplace.
•

As mentioned in the domestic violence law in Japan, medical officers or other people giving any kindof aid to victims should also be brought into the network of early reporting as a measure to intervene
by state authorities.

VIII. CONCLUSION
Domestic violence and child abuse remains one of the least legally addressed topics in Pakistan. The
number of domestic violence cases is alarming and there is no concrete information or data available which
can gauge the magnitude. The home is a private place and every abuse inside the four walls is considered tobe out of the realm of the law. Cultural and religious beliefs are used as a cover to legitimize themaltreatment by abusers. Different interpretations of quaint injunctions are given to get social approval forbattering and physical abuse of partners and children.
Domestic violence is a structural rather than causal problem, says Human Rights Watch in its report‘Crime or Custom?’ on the issue of violence. ‘It is the structure of the family that leads to or legitimizes theacts, emotions, or phenomenon that are identified as causes of domestic violence under the causal analysis.
This family structure is a “structure that is mirrored and confirmed in the structure of society, which
condones the oppression of women (and men) and tolerates male (female) violence as one of the
instruments in the perpetuation of this power balance”. In order to change this structure, in the words of
Ms. Nathalie Kimaro, a High court judge of Tanzania, ‘It is imperative for people to bring a change in theirattitude (towards the issue)’.
There is a dire need to bring the abuse of partners and children by their parents and guardians out into
the public and make them accountable. This daunting task can be achieved by devising an integrated
strategy in society. From awareness raising plans to proper implementation of existing and new laws, allrequires a political will by the government and political parties. ‘The failure to uphold the fundamental rightsof people guaranteed under the Constitution is at the heart of the crisis, not lack of provisions in the
Pakistan Penal Code to combat domestic violence and child abuse’.
The most neglected part is treatment of offenders and protection of their rights, rehabilitation andintervention by the state and society at the intermediate stage. This process should be started as soon as
possible with the active participation of social welfare organizations, departments and the public. It is time toaddress the issue on a war footing to save future generations in Pakistan. Neglecting the perpetrators, who
are in the majority, will result in a recurrence of the problem.

142130th INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERSREFERENCES
Constitution of Pakistan.
Pakistan Penal Code 1860.
Family Laws in Pakistan.
www.ncsw.gov.pk.
The Heaven Becomes Hell: ‘A study of domestic violence in Pakistan’ by Yasmeen Hassan. Most of the firstpart of the paper is derived from her views.
http://www.omct.org/pdf/cc/pakistan_report_09_2003_en.pdf.
Is domestic violence endemic in Pakistan by Masood Ali sheikh.
http://www.crescentlife.com.
http://www.crescentlife.com/articles/islamic.
Database of violence against women prepared by AURAT (an NGO working for Women and Children Rights)
Foundation, Peshawar.
‘Who’s Laws? Human Rights and Violence against women in Pakistan’ by Hina Jilani. Courtesy UNAFEI.
Report on Human Rights 2004 by Human Rights Commission of Pakistan.
Interviews with Uzma Mehboob, A social worker and lawyer working for women’s rights at the Aurat
Foundation, Peshawar, Pakistan and Kamila Hayat, Joint Director, Human Rights Commission of Pakistan.
‘Children of Pakistan’ by Asma Jahangir.
www.hrw.org/hrw/reports/1999/pakistan.
Review by Prof. Tomoyuki Noge, UNAFEI.

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COUNTRY REPORT - ZIMBABWE
By Foelane Chipo Muronda*
I. INTRODUCTION
Zimbabwe employs a dual system of law that is the traditional law and the Roman Dutch Law. The
traditional law is mainly applied by the traditional chiefs, who are the custodians of the traditional law. The
conventional law is the Roman Dutch Law. However, both laws are accepted and the decision arrived atbased on each of these systems is legally binding.
The issues pertaining to child abuse and domestic violence are thus recognized in each of these systems.
Zimbabwe is a signatory to some of the international conventions pertaining to Domestic Violence and Child
Abuse.
The conventions have thus been assimilated into the justice system. This has greatly influenced the legal
system and the approach to offences pertaining to domestic violence and child abuse. There is somelegislation governing child abuse, but there is no legislation pertaining to domestic violence.

II. THE CURRENT SITUATION AND PROBLEMS CONCERNING
THE PREVALENCE OF DOMESTIC VIOLENCE
Recent research in Zimbabwe indicates that most acts of violence have gender aspects to them. The vast
majority of acts of violence against women are perpetrated by men who have some sort of relationship withthe victims be it in an intimate relationship, a working relationship or an acquaintance relationship.
A discussion on domestic violence must be based on an understanding of gender violence. Genderviolence is defined “as any act of gender based violence that results in, or is likely to result in physical,
sexual or psychological harm, or suffering to women including threats of such acts, coercion or arbitrary
deprivation of liberty whether occurring in public or private life.” (United Nations Declaration on the
Elimination of Violence against Women).
Domestic violence therefore is the gender violence that occurs in private. This is because domestic
violence specifically refers to any form of gender based violence that occurs in the home or in domestic,
intimate relationships.
Domestic violence takes many forms; including:
1. Physical Abuse
Physical abuse takes the form of battery and sometimes results in permanent disability or death. This is
the most common and can easily be identified since there is visible evidence of abuse.
2. Psychological Abuse
Psychological abuse may be verbal or psychological abuse which has the effect of undermining a woman’s
dignity, self worth and self confidence. This is a subtle form of violence as oftentimes there is no visible
residual evidence of abuse.
3. Economic Abuse
Economic abuse is aimed at denying or controlling a person’s financial resources. This form of violence issubtle for example, where a person is denied the right to work or a partner makes major financial decisions
without consultation.
Research carried out in 2002 by a local non-governmental organization has shown that domestic violence* Public Prosecutor, Attorney General’s Office, Zimbabwe.

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in any of its forms is more likely to happen to women and girl children. Where 1.5 million women wereabused or raped only 8% of that number were men who suffered partner abuse.
A survey was conducted on the prevalence of domestic violence in the Midlands Province, Zimbabwe, in
2002. This survey revealed that one in every three women has experienced domestic violence in one of its
many forms at some point in life and more particularly in intimate relationships i.e. a love relationship or
marriage.
4. Wife Beating
Traditionally in our culture wife beating has been considered an appropriate way of correcting a woman’s
behaviour.
The position in customary law is that wife beating is not considered wrong or actionable under customarylaw. It is comparable to chastisement of a child. If a wife disobeys, or neglects any duty, her husband may
punish her by assaulting her but he must not cause her any visible injury. The wife belongs to the husband.
As head of the family he controls her and the children. If the beatings have reached unacceptable levels she
may report to her in-laws who may intervene. If the family authorities rule that the husband’s behaviour is
unacceptable the husband must apologize with a gift.
However, the society is undergoing a process of rapid social change. This has an effect on how the issueof wife beating is regarded within our society. The change in the legal position may be summed up thus:
Under both customary and common law the husband had the right to physically chastise his wife as acorrectional measure. There is no case law saying that the husband’s right to chastise his wife is no more.
Nonetheless it is quite clear that this purported right is no more. The legal position is therefore, that
violence against wives is just as criminal as any other crime.
Husband battering has also been reported. However, there are no statistics, and also men are normallyashamed to make reports of assaults as this is normally seen as a sign of weakness.
5. Sexual Assault
Sexual assault may take the form of unwanted sexual touching, attention, attempted or actual forced
sexual intercourse.
In Zimbabwe the Sexual Offences Act now recognizes marital rape. A husband can rape his wife if she
does not consent to the act. In the past, the law stated that a husband cannot rape his wife. However, if heforces her to be intimate, then he can be convicted of indecent assault and punished.
Although, The Sexual Offences Act is a progressive piece of legislation, cultural inhibitions make it
difficult in this case for the women to report rape. As such it’s rare for the criminal courts to handle cases of
spousal rape.

III. CHILD ABUSE
On the 20th of November 1989, the General Assembly of the United Nations, unanimously adopted theconvention on the “Rights of the Child”. This convention states that:“The state shall protect the child from all forms of maltreatment by parents or others responsible forchild care and establish appropriate social programmes for the prevention of child abuse and treatment ofvictims (Art. 19), and the state shall protect the child from sexual exploitation, prostitution andinvolvement in pornography (Art 34).”
Zimbabwe is a signatory and it began to work on examining the ways in which its laws reflected andprotected children’s rights. In 1992, Zimbabwe drew up a National Action Plan for Children, which
considered issues such as child labour, abandonment of babies, child education and health. In Zimbabwe legal
protection against abuse of children in various forms is provided for by the Marriage Act and the Sexual
Offences Act. While the Zimbabwean law has its shortcomings it generally conforms to the United Nations
Conventions.

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A child is considered abused or at risk of abuse when the basic needs of the child are not met throughavoidable acts of omission or commission. In the Children’s Act, any person under the age of 16 is a child,
while the legal age of majority states that anyone under the age of 18 is a minor.

A. The Law on Rape and Sexual Abuse
In Zimbabwe it is illegal to have sexual intercourse with a girl until she is sixteen, even if she is yourwife. Sexual intercourse with a girl who is younger than sixteen is a crime of statutory rape which isgoverned by the Sexual Offences Act. It is a crime even if she agreed to have sex and even if she wasphysically sexually mature at the time. This is the law, but unfortunately in practice, this behaviour is often
condoned. If the victim is less than 12 years the crime is called rape.
The law in this regard has been made to protect girls because at that age even if they consent they are
not old enough to fully realize what it will mean in their lives if they have a sexual relationship.
Sexual offences against children also include indecent assault, sodomy, incest and abduction.

B. Customary/Traditional Approach to Child Sexual Abuse
Culturally, discussions pertaining to sexual issues have fallen away because of urbanization. Customarily,elders were elected to discuss this with children. This has made children susceptible to abuse. Below are a
few traditional methods that leave a child open to abuse:
1. Chikwambo and Ritual Murders
Chikwambo means the use of human organs and parts to make the holder richer. Even Customary law
does not condone ritual murders, and the use of human portions to enhance wealth. Normally children are at
risk; they are vulnerable and thus can easily be targeted in these rituals.
2. Kuzvarira: Bethrothment
This is when a young girl is forced into marrying usually an elderly man, by her parents and family.
3. Inheritance of Right of Marriage
Normally, it is considered compulsory that in case of death of a wife the husband automatically gets theright to marry the sister of the deceased. In fact, it is the choice of the widow and her parents to agree tothis. There should be clear message for all to avoid this misunderstanding as most people were abusing thiscustomary concept.
4. Chiramu: In-law
This is a practice in which a brother in law can indecently assault his young and unmarried sister in law
under the guise of culture. This is meant to teach young girls how a man proposes and how to avoid him.
The girl would also learn how to look after a husband, as she would be doing it for the brother-in-law. Manygirl children have been abused as a result but most of these offences have gone unreported.
5. Kuputsa or Kutengesa
This is a practice in which a young child is sold so as to benefit her family; this could also be referred toas trafficking.
6. Customary Marriage
Customary law allows marriage to girls of 12 years. The consent of the girl child is required before themarriage is conceptualized. However, these girl children are still too young to marry and are also too young
to give an informed consent.
Traditional beliefs have resulted in the increase of child abuse which in most cases is not reported since
this happens in family circles. This is an example of where customary law and the Roman Dutch Law, thoughboth recognized, conflict.

The forms of reported sexual abuse include:(i) Youth rape at music concerts.
(ii) Rape and indecent assault by school teachers, school caretakers and headmasters. In 1988 the146

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Minister of Education indicated that 800 school teachers were convicted of theft, statutory rape, andassault every year.
(iii) Rape by family members, incest.
(iv) Rape by traditional healers.
(v) Rape when a man wants to claim a child as his bride to stake his claim.

Official Data on Harare Rape Cases 1989 – 1995
Records

1989-1995

1989-1992 Court Records

Age of victim

70% > 13 years

36% > 12 years

Sex of victim

All female

Not specified

Age of perpetrator

60% > 20 years

Not specified

Victim perpetrator relationship

9% strangers
29% family/relatives
29% domestic worker

98% strangers
7% family/relatives
4% lodgers

Use of threat/violence

42% of cases

CommonMeans of disclosure

41% victims told someone

Not specified

Site of incident

27% injury discovered
39% in victims home

Often injury/STD
discovered/reported

Offence to trial time lapse

Over one year 66%

Trial outcome

57% found guilty and jailed

Sentencing

Average 7 years

Although rape is the most common offence against children, other forms of abuse of children occur. In
1998, 535 indecent assault cases involving boys living in the streets and rich men were reported.

Number of Abused Children: City of Marondera
Victims

Age 0-5 Yrs

Age 6-10 Yrs

Age 11-15 Yrs

Total

2002

Girls
Boys

3
Nil

16
Nil

7
Nil

26
Nil

2003

Girls
Boys

2
Nil

13
Nil

9
Nil

24
Nil

2004

Girls
Boys

3
Nil

9
Nil

5
Nil

17
Nil

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Forms of Sexual Abuse: City of Marondera
Abuser/Accused
2002

2003

2004

Total

Rape

32

17

16

65

Sodomy

Nil

Nil

Nil

Nil

Statutory Rape

Nil

Nil

Nil

Nil

Indecent Assault

1

2

Nil

3

Males

Age

13-17

18-19

20-30

31-60

61+

2002

6

6

10

6

1

2003

3

5

1

9

2

2004

1

2

8

5

Nil

Age

13-17

18-19

20-30

31-60

61+

2002

Nil

Nil

Nil

Nil

Nil

2003

Nil

Nil

Nil

Nil

Nil

2004

Nil

Nil

Nil

Nil

Nil

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Data on Child Sexual Abuse in Harare Region
All Forms of Abuse
Victims

Age 0-5

Age 6-10

Age 11-15

Total

2002 – Girls

26

35

58

119

Boys

4

3

2

9

2003 – Girls

21

37

72

130

Boys

3

2

-

5

2004 – Girls

33

64

120

217

Boys

-

2

-

2

2002

2003

2004

Total

Rape

119

122

207

448

Sodomy

3

8

2

13

Statutory Rape

1

4

3

8

Indecent Assault

5

1

7

13

Forms of Sexual Abuse

Abuser/Accused
Males

Age 13-17

18-19

20-30

31-60

61+

2002

8

28

13

47

23

2003

29

32

12

40

17

2004

17

22

18

123

37

2002

1

2

-

6

-

2003

-

-

1

1

-

2004

-

-

2

-

-

Females149

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Risk Factors
2002

2003

2004

Abused at own home

86

78

95

Abused at abuser
abuser’ss home

12

18

73

Abused elsewhere

30

39

51

Abused/Abuser Relationship
Number of Cases

Total

Father Mother
Father/97

97

Step-parent

93

93

Step-brother/sister48

48

Uncle /aunt
Uncl

84

84

Cousin ( Male and female)13

13

Brother/sister-in-law

43

43

Neighbour

60

60

Teacher17

17Stranger

15

15

Healer

6

6

Other

-

-

Relationship

From the data available, it can be concluded that the children are abused by people known to them, whomthey trust and who are related to them.

Most of the information on the extent of sexual abuse is anecdotal at best. Studies indicatedunderreporting due to:(i) Children unable to verbalize that abuse has taken place.
(ii) Threats by offenders, especially those known to children.
(iii) Difficulties faced by children in reporting to parents with cultural inhibitions making it difficult.
(iv) Cultural factors involving family privacy.
(v) Respect for adults by children.
(vi) Barriers in the police and legal systems to accepting information from children.
(vii) Affected children e.g. street children fear investigations.
(viii) Children are unable to give adequate evidence in court.
(ix) Stigma and social problems arising after reporting making people hide the problem.
(x) Lack of time and awareness of professionals in contact with children.
It should be pointed out that many children and families do not report abuse to the system because theyfear the unknown, do not understand the system or simply want to make the problem go away throughdenial, and also because there is a feeling that the system does not offer an appropriate remedy for them.

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Child sexual abuse is a multi-dimensional problem. It is viewed as both a moral and legal wrong. It is asexual act that entails the use of physical violence upon the child. It has individual family and social
implications in both modern and traditional culture and has economic causes and consequences.

C. Child Trafficking and Children in the Commercial Sex Trade
This is an area that has failed to attract adequate attention, despite the fact that many children andwomen have been victims of trafficking. This is more so with the advent of street children. They are more
likely to be subjected to trafficking.
Trafficking involves the recruitment, or transportation of people within a country or across borders andinvolves some elements of deception, coercion, force, debt bondage or fraud and normally the reason is toput such people under situations of abuse or exploitation e.g. pornography, prostitution and slavery.
Trafficking, although not well documented, is happening in Zimbabwe because there is a high increase inincidents of commercial sex work involving adolescents living on the streets, where they have become
obvious victims of commercial sexual exploitation and trafficking. Statistics pertaining to trafficking are so
hard to come by since the syndicates involved in this are highly organized and are unlikely to release any
data.

IV. THE CURRENT SITUATION OF ACTUAL CRIMINAL PROCEEDINGS(INVESTIGATION AND SENTENCING) AGAINST PERPETRATORSOF DOMESTIC VIOLENCE AND CHILD ABUSE AND THEIR LIMITATIONSIn Zimbabwe, a “Victim Friendly System” was adopted. This system improved the way in which
vulnerable witnesses could be treated in the criminal justice system. This is necessitated by the fact that if
the victims were badly treated, the abusers, upon being taken to court, were acquitted. This was attributed
to the threatening and intimidatory nature of the legal and court system to sexual abuse victims, from thepolice station to the courts.
This has all changed with the introduction of the “Victim Friendly System”. All stakeholders, from thepolice, the social welfare services, the doctors, prosecutors and magistrates have all received training to be
victim friendly.

A. The Investigations
The courts in Zimbabwe do not carry out investigations but use information gathered by the police. If a
victim is badly treated at this level secondary trauma will have been caused and careful handling at otherlevels will not be able to empower the child/victim as a witness.
The changes that have been introduced at this level are:
1. Place of interview
2. Interviewing techniques
3. Accurate recording of the complainant to avoid repeated questioning
4. Confidential handling of information from the complainant
5. Sensitivity of the investigating officer
In the past social welfare services did not play a role at the early stages and did not play a role in cases
which did not need a probation officer’s report. In the victim friendly system, they now come in to provide
support for the victims at the investigation stage, medical examination, and the trial stage. They give advice
to the investigators on how to communicate with the victim, and how to avoid secondary trauma. If ajuvenile offender is involved, then a social welfare officer, appointed by a Minister for social welfare, in termsof the Children’s Act, will carry out a thorough investigation into the juvenile’s social and personal
background. He will then give an opinion as to the factors that may have influenced the juvenile offender incommitting the offence. The probation officer also gives recommendations on whether there is room forreform and will also recommend the nature of the punishment most suitable in the circumstances and what
the recommended punishment is meant to achieve.
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personnel and doctors are also trained to be victim friendly. There are special medical institutions, called“Family Support Units”, which have been set up. This examination of the victims is done in liaison with thesocial welfare services. Based on the examination, a medical report is prepared which forms part of thedocket.
These documents are referred to the court. At the court, the evidence is assessed by the prosecutor, who
may then make a decision to take the matter to court. The trial prosecutor has also received training in thehandling of victims of abuse.
When the matter is taken to court criminal proceedings start. The Criminal Procedure and Evidence Act
brought changes to the handling of vulnerable witnesses in the courtroom. The victim can testify in a
separate room in the presence of an intermediary using closed circuit television.
The important aspect of the Victim Friendly System is that the victim does not have to see the accusedand is able to give evidence freely. This system is for vulnerable witnesses regardless of age sex, or offence.
A key player in the victim friendly court is the intermediary, who acts as a buffer by absorbing the hostilequestion from the accused, and conveys it to the Victim, in a friendly way. The role of the intermediary is not
only interpreting from one language to another, but to tone down the question. The Criminal Procedure andEvidence Act provides for the prosecution to make an application to the court, showing cause why thewitness should be treated differently. Where the perpetrator does not oppose the application the case is heldin the victim friendly court. The court can also order that the matter be held in the Victim Friendly Court.

B. Anatomically Correct Dolls
There are some anatomically correct dolls, in the Victim Friendly Court, with which the child candemonstrate what happened to him or her. The purpose of the dolls is to encourage the witness especiallychild witnesses to talk about the alleged abuse. However, the use of the dolls is not covered by the Criminal
Procedure and Evidence Act.
The victim friendly courts have got their practical constraints. These constrains affect the effectivenessof the victim friendly court procedures.
Firstly there is a shortage of manpower and shortage of resources. Secondly most of the people who
could ordinarily benefit from the victim friendly courts are not aware of its existence. Thirdly, in someinstances, the geographical location of the victim friendly courts make it difficult for the otherwise deserving
victims to benefit from the system.

C. The Juvenile Offender
The procedures for the arraignment or indictment of juvenile offenders are generally the same as thoseof adult persons as outlined in the Criminal Procedure and Evidence Act. Minors can be prosecuted andsentenced by the ordinary courts. However, in practice minors of tender age, for example ten years andbelow are normally referred to the juvenile court. If the matter is dealt with in the magistrates’ court, afterconviction, the matter can be referred to the Juvenile court.
The Juvenile Court in terms of the Children’s Act, can order placement of a child in a certified institution
or training institution or the placement of the offender in the hands of a suitable person or return of thejuvenile offender to the custody of the parents.
Where a minor/Juvenile offender is charged with the commission of an offence the magistrate may
instead of releasing him into the custody of the parents, refer him to a place of safety in terms of theChildren’s Act. A juvenile offender should not be detained in a prison cell or lock up unless his detention isnecessary and no suitable place of safety is conveniently available for his detention.
The juvenile court effectively protects the interests of children. Zimbabwe Law, through the Children’sAct, provides for the establishment of these courts. These courts are not bound by rules relating to civil or
criminal procedure. They are required to conduct their business in such a manner, as the officer presiding
deems best suited to do substantial justice.

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The proceedings in the juvenile courts are held in camera. This means that only those persons whose
presence is necessary or the legal practitioners involved or any other persons authorized by the court willbe allowed to be present. It should also be pointed out that in terms of the Criminal Procedure and Evidence
Act, an ordinary court which is not a juvenile court has the power to exclude from attendance any person
whose presence is not required when the court is dealing with a juvenile accused or with a juvenile witness.
Furthermore the publication of the identity or the name, address, school or place of occupation of any
juvenile accused or witness is prohibited except where the court has authorized such publication where it issatisfied that this is not prejudicial to the interests of the minor or juvenile involved.
The exclusion of the public is intended to protect the dignity, self respect and general interest of theminor children involved in judicial proceedings.

V. OUTLINE OF APPLICABLE PUNISHMENTS AND SANCTIONS AGAINST PERPETRATORSThe juvenile offender has got a peculiar vulnerability and this has to be considered in meting punishment.
There are three important considerations with respect to juvenile offenders:
1. These offenders are themselves children and require assistance if the cycle of the abuse is to bebroken.
2. Many offenders have witnessed or been victims of similar and related traumas in their lives.
3. Young offenders are likely to benefit from psychological intervention. Imprisonment is not the way toprepare young offenders for a healthy adult sex life.
It is well established that sexual offenders have a high propensity to re-offend and therefore a successfulprogramme of intervention for young offenders would have considerable benefits for society.

A. Sentencing Options when Dealing with Juveniles and their Limitations
There are various options open to the court when considering how to treat a juvenile after conviction. A
probation officer’s report is a requirement and should be made available to the court before the juvenile issentenced. The probation officer’s report makes the court’s task easier in arriving at the sentence but the
court is not bound by the report.
1.

Imprisonment: Generally imprisonment is inappropriate for juveniles and should only be imposed asa last resort and only after obtaining a probation officer’s report. Imprisonment is likely to be
confined to adult juveniles or those approaching adulthood say 17 to 20.
The limitation in this regard is that imprisonment does not curb recidivism. This is likely to harden
the juveniles. In the case of juveniles a number of offences committed relate to homelessness andother offences are a result of adolescent reaction to difficult socio-economic family circumstancesand need for survival in a harsh environment. There is therefore a need to shift away from
imprisonment as this is punitive and retributive and advance towards rehabilitation, education andrestoration of the juvenile.

2.

Fines: small fines may be suitable in some cases but the court should always consider the fact that itis the juvenile’s parents or guardian who is likely to foot the bill.

3.

Community Service: this can be one of the most effective penalties for juveniles. In a case where thecourt intends that the juvenile experiences the punishment, rather than impose a fine that is likely to
be paid by an adult, this is an appropriate punishment. This is generally more suitable for those whoare 16 years or older.

4.

Corporal Punishment: in appropriate cases this can be useful alternative to imprisonment. It is
normally imposed in cases where imprisonment would have been appropriate had the offender beenan adult. This is normally used in sexual offences like rape, attempted rape and indecent assault.

However, the constitution of Zimbabwe prohibits the infliction of inhuman and degrading punishment or
treatment. This is in line with article 37 of the Convention on the Rights of the Child, which mandates states
to ensure that no child is subjected to cruel, inhuman or degrading treatment. Corporal punishment isthought to be degrading and inhuman.

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B. Wholly Suspended Sentence of a Fine or Imprisonment
The court should be particularly careful with wholly suspended prison sentences on juveniles as such asentence may be too burdensome on the juvenile. The court should keep in mind that if the condition ofsuspension is breached a very young and immature offender may end up in prison, an eventuality which thecourt may be trying to avoid.
C. Outline of Applicable Punishment and Sanctions against Perpetrators: Adults
In Zimbabwe in 1995, studies revealed that domestic violence accounted for more than 66% of murdercases that were going through the High Court in Harare. In looking at the sentencing patterns in these
femicide cases it is worthwhile having some further background details of the nature of the crimes so as tocompare this information with the sentence passed. The types of femicide cases identified related to:
1.
2.
3.
4.
5.
6.

Intimate femicide where women were killed by boyfriends or husbands in so called domestic
disputes.
Women killed by other family members usually male, who wish to control the behaviour of thewoman or girl.
Sexual murders where rape is often followed by murder either to cover up the rape or leave nowitnesses or simply because the killer enjoys this form of ultimate violation.
Witch killings and ritualistic murder where for instance, in Zimbabwe, they maybe stoned whenaccused of being witches. There are also cases in which women and children were killed and organs
removed for ritual purposes.
Suicides by women experiencing violence usually at the hands of the husband or other male family
relatives.
Women killed by thieves in the course of robberies and because women are vulnerable both within
their homes and on the streets.

The causes of death per the autopsies showed that the immediate cause of death was often a result of
assaults, beatings and whippings. 14% of deaths in Zimbabwe were through stabbing, 10% were killed usingaxes. This shows just how many femicides are connected to some form of torture where the women are
brutalized using a range of weapons and methods mainly by people with whom they are in some form of
relationship.
The age range of the victims of femicide in Zimbabwe in a survey carried out by the National Sentencing
Committee in 2002 showed the majority to be in the 21 – 30 age group, followed by the 31 – 40 age groupand the 51 and over age group.
This is slightly different from the age analysis of the rape victims who tended to be younger;
predominantly in their teens.
In the Zimbabwean High Court which has the jurisdiction to try these matters 36% were convicted ofmurder, 51% convicted of manslaughter, 13% a special verdict was returned, (that is a plea of insanity isreturned) and 7% were acquitted.
The possible punishments and sanctions which can be passed against perpetrators include:(i) imprisonment(ii) fines(iii) customary law: compensation at times the victim’s family is paid compensation and this is acceptableas settling the matter(iv) referral for psychiatric treatment for those who committed offences due to an underlying psychiatricillness(v) compensation can also be ordered by the court.
In conclusion, when dealing with cases of rape, sexual or physical abuse and femicide, there is need toenact laws specifically outlawing domestic violence, marital rape and other crimes. These would enable thepresiding courts to pass sentences which effectively curb the continued abuse of both women and children.

D. The Current Treatment Programmes for Perpetrators and their Limitations
Under traditional law and culture, offences pertaining to child sexual abuse are serious and are heavily154

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punished. The abused is taken away to an elder for counselling. The abuser is barred from visiting the area.
The abuser would undergo traditional forms of punishment. However, the limitation of such form ofpunishment lies in the fact that the abuser may not reform, and the compensation paid does not benefit thevictim but her family.
In Zimbabwe ‘Rehabilitation’ of the abuser is even well less provided for. The department of social
welfare deals only with people under the age of 18 and has no jurisdiction to deal with adult offenders. If theabuser is the father of the victim and goes to jail, social welfare can provide some support for the family
through public assistance.
In cases involving minor abusers, the Department of Social Welfare prepares a probation officer’s reportto assist the court in sentencing the abuser, outlining the abuser’s family surroundings, and peer influence.
Those between 16 and 18 are referred to a training institute which is like a prison. At both institutions theminor abusers undergo normal schooling, receive training in vocational courses and receive counselling.
While this is in the interests of the juvenile offender the problem is that the minor abusers are not separated
by crime such that sexual abusers are mixed with other offenders. The Department of Social Welfare should
not only provide counselling to the offender, but also provide counselling to the minor abuser’s family.
It was noted however that counselling resources are still inadequate relative to need. A wider range ofcommunity institutions needs to be supported in healing the family and child.
The other shortcoming in the treatment of the offender is the omission of rehabilitation. The law needs
to incorporate knowledge of criminal psychology. The following are also some suggestions for sentencing
which could be considered alongside the conventional sentences:
1. Psychotherapy and other character building opinions especially for young offenders.
2. Marital counselling should be mandatory to prevent domestic violence.
3. Drug rehabilitation/alcoholism and other anti-drug programmes should also be made available
especially where it is proven that the commission of the offence is directly linked to the abuse of
substances.
The weakness of the Zimbabwean system is that after conviction there is no follow up. A case follow up
database would be a useful tool for monitoring the different types of interventions for individual offenders.
This would enable us to move closer to punishment that suits the crime and rehabilitation that rebuilds thesociety.
In terms of the Criminal Procedure and Evidence Act, there are a number of non-custodial alternatives
that need to be developed.
(i) Payment of compensation or damage or pecuniary loss caused by the offence. This is particularly
suitable in cases of arson or malicious injury to property. The person should be made to pay
restitution. This should be encouraged to ensure that the convicted pays compensation to his victim.
This is one way in which the victim could benefit from the criminal justice system.
(ii) Submission to an institution for treatment. This could be useful in cases involving delinquentjuveniles, youthful offenders and drug addicts. The perpetrators can be directed to undergo
instruction at a particular institution or undergo therapy under the supervision of a medical expert.
(iii) Submission to the control of a probation officer, appointed in terms of the Children’s Act, or
submission to the supervision of any other suitable person. This option would apply in situations inwhich the perpetrator is a juvenile. The juvenile could be directed to submit to the control of aprobation officer or other persons occupying positions of authority in the community such as school
headmasters or heads of institutions involved in child welfare.
(iv) Compulsory attendance or residence at some specified centre for a specific purpose. The perpetrator
can be directed to attend a particular place for training purposes. This option is well developed inwestern countries. Juvenile offenders are made to attend certain training or other educational
institutions during the day or even reside at some of those training institutions for a specified period.

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One other option which has hardly been applied is periodical imprisonment. In terms of the Criminal
Procedure and Evidence Act, such a sentence can be imposed on people who fail to pay maintenance. This
option should be revisited to cater for infractions of the law.

VI. THE CURRENT SITUATION OF CIVIL, ADMINISTRATIVE OR OTHER MEASURESAGAINST DOMESTIC VIOLENCE AND CHILD ABUSE AND THEIR LIMITATIONS
One of the most serious problems for women who have been abused is how to keep the violent man away
or how to stop him from beating his partner. This is when the abused seeks remedies in the civil courts.
In Zimbabwe the only way to do this is by getting a binding over order or an interdict. A binding overorder is issued by a magistrate whereas an interdict is issued by a judge of the High Court. Both are court
orders to stop the assailant’s violent or threatening behaviour. However, an interdict naturally carries moreweight since it is issued by the High Court.
The Criminal Procedure and Evidence Act provides for the issuing of peace, binding over orders orinterdicts against violent people, including husbands or boyfriends and or women who assault their partners.
This kind of order instructs the spouse not to behave violently towards the partner.
This Act also allows a court to order the ‘abuser’ to make payment to his victim in compensation fordamages. This may be ordered if the victim specifically asks for compensation.
It should be noted that an interdict will only be issued if attached to a more substantial claim, for example
divorce. A court may issue an interdict ordering a husband not to assault his wife if a divorce or judicial
separation has been applied for.
In deciding whether or not to interdict a violent spouse, the judge is supposed to look at how likely theother claim is to succeed. If for example he thinks that the woman will change her mind about divorce, hewill probably not consider her application for an interdict favourably. The limitation of this procedure
therefore is that this limits the usefulness of interdicts for abused parties. This procedure is clearly not easy.
What makes it more difficult is that a woman can only go ahead with an interdict application if she has acertificate of urgency signed by a legal practitioner. Although the interdict procedure is relatively simple, shecannot get an interdict unless she can afford a lawyer.
The interdict carries far more weight than a binding over order from the magistrates court.
Unfortunately, this is only one example of justice for those who can afford it.

VII. THE LAW AND STATUTES DEALING WITH ISSUESPERTAINING TO CHILD ABUSE
A. Children’s Act
There is a need to prevent child sexual abuse by including in the Children’s Act provisions prohibiting
forced sexual acts or forced marriages with minors, first as a responsibility of the parent or guardian andwhere this fails, through state intervention.
B. Sexual Offences Act
This Act is mainly aimed at:
1. Protecting young persons and persons with disabilities from sexual exploitation.
2. To combat prostitution.
3. To punish the deliberate transmission of H.I.V and Aids.
4. To provide for the compulsory H.I.V and Aids testing of sexual offenders.
5. To remove discriminatory acts against women.
The limitations of this piece of legislation are that the Act recognizes that it is a defence to claim
ignorance of the victim’s age and disability.
• The act requires that one has to have prior knowledge of one’s H.I.V status prior to the156

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commission of the offence. In a situation in which one has not been tested then that person is
not liable.
•

The Act is silent to crucial issues of restorative justice - that is reparation of victims andrehabilitation of offenders.

•

Although the Customary Marriage Act forbids the pledging of young girls and women in
marriage the Act does not set a minimum age for marriage. According to Zimbabwean
Customary law, the parent or guardian of a minor girl can facilitate a valid marriage to becontracted with the girl even if she is below the age of 16.

•

It is important to note that while the Act ruled out the irrebutable presumption that a boy under
the age of fourteen years is incapable of sexual intercourse by lowering this presumption to boys
below the age of 12, the Act is silent on rehabilitative programmes for juvenile sex offenders.

•

Although this Act does not deal specifically with youth, it may have been important indetermining the degree of culpability of an offender or in establishing a basis for departure froma sentence proportionate to the seriousness of the offence.

The other acts which apply to child abuse are:
1. Censorship and Entertainment Act
2. Customary Marriage Act
3. Labour Act
The limitations of these pieces of legislations are that:(i) Most of this legislation is in English and legal jargon is used. This may be difficult for most people tounderstand. As such members of the public and the abused remain ignorant of their rights. There has
been a suggestion that some pieces of legislation should be in vernacular.
(ii) There is generally a lack of awareness campaigns and at times copies of the legislation are notdistributed to the intended target.

C. An Integrated Approach to Domestic Violence and Child Abuse
The criminal justice system in Zimbabwe should be made to work in order to reduce the incidence ofDomestic Violence and Child Abuse.
It is important to have appropriate legislation that sends a message to communities that such behaviour
is unacceptable. Legislation should stipulate sentences that act as a deterrent. To this end the sentence thatis stipulated for a given crime is a determinant in the consideration of whether the crime is seriously
regarded or not and increases or decreases the probabilities of the recurrence of the crime. A sentencing
committee was therefore established to address people’s concerns with regards the sentences passed on
abusers and whether they are effective in reducing the incidence of domestic violence.
The second major point of intervention is to make court procedures accessible to survivors of violence.
This has been achieved to a large extent by setting up the Victim Friendly Court. These were set up as alegal response to victims of sexual assault and other violence and allowed the victims to give evidence
without intimidation from the accused person or counsel. However, there is a need to set up Victim Friendly
Courts throughout the country so that they are accessible to all victims. Resources have to be madeavailable.
The other intervention that should/could be resorted to is the imposition of mandatory sentences. There
have been pleas to legislators for the imposition of mandatory sentences. The arguments are that legislativeintervention takes away judicial discretion.
In Zimbabwe there is a Domestic Violence Bill, specifically dealing with issues pertaining to domestic
violence. This has been tabled before Parliament but has not yet been enacted into law.
It is also important to note that many women who wish to pursue a legal remedy to their problems but

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lack finances may eventually consult a non-governmental organization as a way of accessing legal advice andassistance to pursue their claim. The clientele of most non-governmental organizations are mostly women.
For instance the Musasa Project a local non-governmental organization has women constituting 95% of its
clientele. This non-governmental organization specializes in domestic violence. There is the Zimbabwe
Women Lawyers Association and the Catholic Commission for Justice and Peace, which are local nongovernmental organizations.
These organizations complement each other and have developed a broad based assistance and referral
network amongst themselves and also with the justice delivery system. The justice delivery system and thegovernment also refer cases to non-governmental organizations. This system is advantageous since there isa reciprocal relationship between the courts and the organizations that is beneficial to the victims.
The Zimbabwe Republic Police and state prosecutors have also received training from the nongovernmental organizations on domestic violence and child abuse. Networking has yielded some practicaladvantages given the limitations of capacity (human and material). The victim’s needs are addressed. Nongovernmental organizations have mainly shouldered the burden of information dissemination on the issues
pertaining to child abuse and domestic violence. The result has been that there has been an increase in thenumber of reported domestic violence cases. The non-governmental organizations in collaboration with thegovernment agencies have played a pivotal role in providing services to women which include counselling,
shelter, rehabilitation and legal representation.
With regards children’s rights, the bulk of the burden has also been shouldered by some nongovernmental organizations such as Girl Child Network, Child Law Foundation. They provide shelter andcounselling. These link up with the justice delivery system on behalf of the children. Awareness campaigns
to sensitize people on the plight of children have also been carried out through:(i) Awareness campaigns in schools(ii) The establishment of a help line for children(iii) The erection of billboards with information on child abuse and what constitutes child abuse(iv) The media has been used to inform people of children’s rights. The effect is that there has been an
increase in the number of children who have reported abuse, be it physical or sexual.
There is a need for continued networking and cooperation between players in the justice delivery system
so as to produce a system that can better serve the needs of the victims, especially in the realm of domestic
violence and child abuse. Traditional leaders who are the leaders of the customary law courts should also be
included in the network. This will help fight abuse in the name of culture or tradition through the traditional
chiefs. The community at large can be sensitized on issues involving domestic violence and child sexual
abuse.

VIII. CONCLUSION
It is recognized that the issue pertaining to Domestic Violence and Child Abuse is a multi-sectoral
dimensional problem. These are viewed as both a moral and legal wrong. There are individual family andsocial implications in both modern and traditional culture and it has economic causes and consequences. The
causes of abuse should be curbed. Although Zimbabwe has not yet enacted a domestic violence act, thelegislation available can adequately deal with the issues arising from domestic violence. With regard tochildren it has been stated that the laws generally conform to United Nations regulations. What is required isa lot of education for the public so as to counter some of the cultural practices that encourage domestic
violence and child abuse. The continued networking between various organizations and the justice system
will go a long way in relieving the plight of the victims and assisting victims of child abuse and domestic
violence.

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REPORTS OF THE COURSEGROUP 1

EFFECTIVE CRIMINAL JUSTICE RESPONSESTO CHILD ABUSE AND DOMESTIC VIOLENCE
Chairperson (GW 1-6)
Chairperson (GW 7-12)
Rapporteur
Co-Rapporteur

Mr. Lim Thong
Mr. Hossam Eldin Mohamed Aly Abo Helw
Ms. Irene Putrie
Ms. Foelane Chipo Muronda
Mr. Hironori Yokoyama
Ms. Ligia Yvette Turcios Torres
Mr. Hiroshi Aoki
Mr. Masaki Nagai(Cambodia)(Egypt)(Indonesia)(Zimbabwe)(Japan)(El Salvador)(Japan)(Japan)Visiting Expert

Ms. Kanwaljit Deol

(India)Advisers

Deputy Director Keisuke Senta
Prof. Motoo Noguchi
Prof. Takafumi Sato
Prof. Tomoyuki Noge
Prof. Satoko Ikeda(UNAFEI)(UNAFEI)(UNAFEI)(UNAFEI)(UNAFEI)

Members

I. INTRODUCTION
The Group was assigned to discuss “Effective Criminal Justice Responses to Child Abuse (herein afterreferred as “CA”) and Domestic Violence (herein after referred as “DV”)” and conducted its discussion inaccordance with the following agenda:
1.

Problems inherent in the investigation/adjudication of CA/DV(i) Criminalizing CA and DV(ii) Evidential sparseness(iii) Need for a multidisciplinary approach to victim protection and support

2.

Beginning of Investigation(i) Means to induce and maximize reports from relevant agencies, personnel, etc.
(ii) Ways and extent of criminal intervention

3.

Technical improvements of criminal justice procedures(i) Prioritizing victim safety(ii) Speediness(iii) Obtaining valid and admissible testimony from children/DV Victims(iv) Minimizing secondary victimization

4.

Effective dispositions(i) Desirable dispositions(ii) Utilization of diversion(iii) Holistic legal approach (Ex. Unified Family Court)

II. PROBLEMS INHERENT IN INVESTIGATION AND ADJUDICATION OF
CHILD ABUSE AND DOMESTIC VIOLENCEThe Group first reviewed the problems inherent in investigation/adjudication of CA/DV such that those
problems set the limit to criminal justice intervention.
The first subtopic, criminalizing CA and DV literally limits the authority of criminal justice agencies
because criminal justice agencies are basically institutions for pursuing the criminal responsibilities ofoffenders. The Group considered three points, (1) there are two types of offence, generic and procedural, (2)in which laws the acts of CA/DV are prescribed as crimes and (3) to what extent should psychological

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violence and neglect be criminalized.
In regard to the first point, the Group identified generic offences in CA/DV as, in accordance with theUnited Nations guidelines, physical, sexual and psychological violence for DV and with the addition ofneglect for CA. The procedural offences in CA/DV are those offences which penalize disobedience ofprotective legal measures, such as a restriction order, to further condemn those acts of CA/DV.
For the second point, the Group agreed that formality of the law is irrelevant as long as the necessary
acts of CA/DV are prescribed as crimes. In Zimbabwe, there are two types of law, traditional law and modern
law. Ms. Muronda (Zimbabwe) said that in traditional law, CA and DV are not criminalized and people
generally follow traditional law. The participant from Indonesia, Ms. Irene, said that in her country CA/DV
are increasing in numbers. As a result, Indonesia enacted new legislation in September 2004, the “Domestic
Violence Protection Act”. Ms. Turcios (El Salvador) said that her country criminalizes DV in a special
Domestic Violence Act but CA is criminalized only in the Penal Code. Law reforms in El Salvador are noteasy. Mr. Lim, participant from Cambodia, said that CA/DV are considered as a private matter in Cambodia.
There is no specific law dealing with CA/DV. Such offences are normally dealt with as rape, assault andmurder and these are criminalized in Cambodia by the Penal Code. Mr. Hossam, the participant from Egypt,said that there is no specific law of CA/DV because it is criminalized under the Penal Code. Mr. Aoki and Mr.
Yokoyama, participants from Japan, said that Japan enacted special laws for CA/DV but these are not tocriminalize the violent act itself and criminalization is stipulated in the Penal Code.
Most of the participants agreed that acts pertaining to CA/DV should be criminalized. The fact that theviolence takes place within a marriage or a family is irrelevant. CA/DV should be taken as seriously as othercrimes of violence.
For the third point of discussion, most of the participants said that neglecting children constitutes a crime
but most countries do not criminalize neglect of a spouse. In Japan, however, neglecting a spouse could be acrime when a person abandons his/her spouse who is in need of help by reason of senility, immaturity,
deformity, or illness.
Psychological violence is not criminalized in most countries either. However, if the verbal abuse is so
grave, it may constitute the crime of threat (intimidation). Also, if the psychological damage became so
serious to reach the point that doctors could diagnose it as post-traumatic stress disorder (PTSD) or someother illness, it may constitute the crime of bodily injury (Japan).
Mr. Lim (Cambodia) and Mr. Hossam (Egypt) pointed out the evidential and investigation difficulties incases of neglect or psychological abuse if those were criminalized. Yet considering the grave damage causedby those acts, guidelines pertaining to the criminalization of neglect and psychological violence should be put
into place.
Subtopic two is evidential sparseness. There may be some difficulties in gathering evidence of CA/DV,
particularly in cases of repeated abuse. The difficulties are:
• There may be lack of witnesses because the offence was committed in a private setting, or thewife/children as the victim may be the only witness.
• Difficulties in determining whether the injuries were accidental or were the result of violence.
• The victim (wife/child) may wish to protect the offender (husband/parent, guardian).
• The victim may be unable to report the violence because of such factors as fear and dependency.
Due to the difficulties mentioned above, in some countries, such as Indonesia, evidential law is eased forthe prosecution such that a single witness is sufficient to prove a case of CA/DV when a regular crime
requires corroborating evidence. Most of the participants also confirmed that for CA/DV, a single witness isnormally sufficient to prove the crime.
However, as Ms. Muronda (Zimbabwe) said, the crucial problem of evidential sparseness in CA/DV is notabout the amount of evidence to be submitted to trial because if the case is being prosecuted, that means theprosecutor found enough credibility in that evidence. The problem in CA/DV is that the evidence is so
scarce, such that the investigator cannot distinguish the cause of the incident as intentional abuse or an

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accident, thus it is hard to proceed it as a criminal case. In these aspects, the level of evidential sparsenesssets another limit to criminal justice intervention in CA//DV cases.
For subtopic three, reflecting the above two limitations of criminal justice agencies to handle CA/DV
cases, all participants agreed that there is a need for a multidisciplinary approach to victim protection andsupport. Victim protection and support is needed not only in terms of practical living support but also
emotional support. Even during investigation/adjudication, it is necessary for criminal justice agencies towork together with other fields such as social workers, educators, psychiatrists and medical personnel tomake a proper assessment of the case to deliver the most plausible outcome. Victim support is necessary forboth the short and long-term period, but some participants stated that their state lacks sufficient finances forlong-term support.

III. BEGINNING OF INVESTIGATION
The first subtopic was means to induce and maximize reports from relevant agencies, personnel, etc. As
Mr. Lim (Cambodia) analyzed, the Group agreed that criminal agencies come to know about the incident of
CA/DV from the report of the victim, eye witnesses or relevant agencies.
To maximize the reports from victims, Ms. Turcios (El Salvador) pointed out, and the Group agreed, thatat first the victim needs to know what has been done to him/her, so promoting education/public awareness ofthe mechanism of abuse is important.
The Group also agreed that priority should be given to protect the victim after the incident has became
known to the police so victims do not have to fear their lives are endangered because of reporting. At least
for the police, Ms. Turcios (El Salvador) said that the police need to respond to an emergency call or they
could be held accountable for neglecting their occupational obligations. Also to not embarrass victims ofsexual abuse or of martial rape, Mr. Yokoyama (Japan) proposed for police to assign female officers to receive
the complaint. In regard to that proposal, the Group generally agreed on the importance of having a special
unit of police to be well-trained to handle CA/DV.
On the other hand, Mr. Lim (Cambodia) pointed out the fact that many victims of CA/DV do not want toreport an incident fearing that the perpetrator, who tends to be the person earning the means of living in thehousehold, may be kept in custody thus leaving the household without any income. Therefore, to assess thetrue needs of victims and not to go overboard with excessive criminal intervention against the victims’ will,
Mr. Hossam (Egypt) stressed the importance of good judgement in each criminal proceeding by receiving
help from other disciplines such as welfare services and psychiatrists.
To maximize reports from eye witnesses, Ms. Muronda introduced the Zimbabwean practice ofanonymous suggestion boxes. Also, if the witness takes the injured child to hospital, the law requires theincident be reported to the police before the hospital treats the child on the state’s expense. To expedite
reporting to the police and hospital treatment, Mr. Hossam stated that in Egypt, there are police officers
present in every public hospital.
Ms. Turcios spoke about the Salvadorian practice to obligate medical professionals to report suspected
incidents of CA/DV to the police instead of the victim or witnesses having to report the incident. Mr.
Hossam also added that it is the same for private hospitals in Egypt. By obligating, the Group also found that
it is necessary to exempt these reporters from their professional confidentiality obligation. Further, theGroup generally agreed to obligate not only medical personnel but to obligate school/kindergarten teachers,
welfare agencies, or other relevant agencies to report to the police. The establishment of the before
mentioned special unit of police and notifying its hotline number to those relevant agencies should make iteasier for them to report.
The second subtopic was ways and extent of criminal intervention.
The Group based its discussion on the Canadian policy of mandatory arrest when there is evidence toindicate CA/DV. However, at first, the Group found that the term “arrest” infers different legal contexts
depending on the system. Therefore, the Group decided to use “mandatory intervention” instead of161

RESOURCE MATERIAL SERIES No.69“mandatory arrest” to mean “mandating police officers to initiate a criminal investigation on the reported
incidents of DV or CA”.
The Group did not reach agreement on three points. First, there was no consensus whether to deal with
DV similarly to CA. An opinion was raised that the victims’ opinions should be respected in DV cases withregard to handling the case criminally but the policy of mandatory intervention should be applied in CA
cases. This is due to the fact that victims in DV are mature enough to be able to make an informed decision,
whereas victims in CA cases are often very young and need protection.
A second point of disagreement was whether to mandate police officers to intervene in every incident asa beginning of criminal procedure. In this, Mr. Nagai (Japan) disagrees with a mandatory intervention policy
given the current Japanese criminal justice practice which has a possible detrimental effect on future family
reintegration. Therefore, he considers the police should be given the discretion on whether or not tointervene. Irene also suggested that police should not be mandated to intervene in all cases of DV.
Mr. Aoki (Japan), on the other hand, believes that the prosecutor should make the decision whether or
not to go further with the criminal procedure when he/she prosecutes the case. He says the decision ofwhether or not to intervene criminally should not be left entirely to the police’s decision because theprosecutor would have more information as a result of investigation and could assess the needs of theparticular family better. Ms. Muronda (Zimbabwe) also suggested that a mandatory intervention policy
should be affected in all cases of CA/DV since criminal intervention has deterrent effects and could serve tomodify the abuser’s behaviour.
The third point of disagreement was whether there is need to take offenders into custody. Ms. Turcios (ElSalvador) suggested that perpetrators should be detained for the victim’s safety but for a short time only andthere should be respect for human rights. Mr. Hossam (Egypt) indicated that victim protection should begiven priority. He then preferred to respond in terms of restriction orders instead of detaining the offender.

IV. TECHNICAL IMPROVEMENTS OF CRIMINAL JUSTICE PROCEDURES
At first, the Group discussed the first two subtopics together; prioritizing victim safety and speediness ofcriminal justice procedures, because the Group agreed that delays in the criminal justice systemcompromise victim safety.
So in order to achieve speediness and not to sacrifice the victim’s needs, the Group agreed that criminal
justice agencies need to be aware of the victims’ needs for safety, security and a restored sense of wellbeing. There also is a need to change the attitude of criminal justice agencies towards the offences of CA/DV.
Criminal justice agencies that are in contact with potential victims should be specially trained to recognize
the signs of CA/DV. They also need to know the appropriate steps to respond to the problem.
There also were several suggestions to prevent re-offending and thus protect victims from further
violence. The first strategy is to reduce the offenders’ access to means of violence. For example, where theabuse is mainly linked to firearms, there is a need to limit accessibility to firearms. Likewise, where violence
is linked to alcohol, there is need to reduce availability of alcohol. One of the visiting experts, Dr. Butchard,
introduced in his lecture a study, which found this method to be very effective to reduce the prevalence ofabuse and thus protect victims from re-victimization. Secondly, Ms. Muronda (Zimbabwe) suggested thatmaking a database on CA/DV offenders would make follow-ups by law enforcement easier. She said thatmany countries lack such a database but this database, if made not only after conviction but right after arrestor prosecution may benefit courts to see whether the offender went through behavioural changes because of
criminal intervention and then may make wiser decisions in the selection of punishment or other means of
rehabilitation.
In terms of speediness, it was generally agreed that cases of CA/DV have to be dealt with speedily.
However, in some countries, for instance, the police may lack even basic tools, such as transportation. Ms.
Muronda (Zimbabwe) raised this problem, that it is difficult to process cases quickly due to the overload ofcases compared to the few number of police officers, prosecutors and courts. However, considering victim’s
safety issues, an opinion was offered that the police need to respond to the initial report of the incident as162

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soon as possible to assess the seriousness of the case and even if there are not enough officers to dispose of
the case quickly, the police, by cooperating with welfare agencies, need to follow-up on the case in a timely
manner to make sure the victim is not endangered.
Also, Mr. Hossam (Egypt) said that the first intervention does not have to be a criminal intervention. He
added victims of violence and abuse require practical, emotional and legal support. These may not be given
by criminal justice agencies but may be obtained by networking with various agencies such as health, social
welfare and non-governmental organizations. Mr. Lim (Cambodia) also agreed that these organizations
complement each other in their activities, thus, ensuring the victims’ safety. Networking is thus
advantageous in meeting the victims’ short-term and long-term needs. Ms. Irene (Indonesia) also added thatlegal intervention, such as a protection order, injunction or interdict, can also be put in place to ensure thevictims’ safety even if a speedy criminal response is not possible. The advantage of such an order is thatthese orders prevent perpetration of violence on the victim without penalizing the perpetrator.
Mr. Yokoyama (Japan) remarked that delays in the criminal proceedings may not always contradict
victim’s safety because victims may be traumatized to such an extent that they are unable to testify. Delays
are also occasioned by the fact that some of the witnesses of CA/DV may be too young to testify. There is aneed to establish a rapport with the child before commencement of trial; this could also result in a delay.
In general, the Group agreed that the criminal justice procedure needs to respect the offenders’ rights
but the Group also agreed to Ms. Deol’s, the visiting expert’s comment, that protection of the accusedshould not jeopardize the victim’s safety. To make a compromise between the offenders’ right to a speedy
trial with the possible delays of a court date due to the victim’s incapability to testify, Ms. Turcios introduced
the Salvadorian practice to allow the prosecution to postpone the trial date one time for a reason but not asecond time for the same reason. The Japanese members of the Group also introduced the Japaneseevidential rule that allows, under limitation, usage of victims’ statements taken at the investigative stage
instead of court testimony where the victim is unable to give proper facts due to psychological strain.
For the third topic, obtaining valid and admissible testimony from children/DV victims, in some countries,
such as in Indonesia, the spouse is not allowed to testify under an oath thus theoretically has limited
credibility compared to testimony given under oath. However, since this limitation is a legal categorization of
testimony and judges have authority to determine the credibility of particular testimony in relation withother details of the case, the lack of oath does not present any problems with admissibility of such testimony.
In terms of child witnesses, some countries, like Egypt have similar legal limitations such that a person
under 14 years old cannot take the stand in a trial as a “witness”. However, Mr. Hossam (Egypt) added thateven a child under the legal age may make a statement in the court as a different category of evidence thus
this age limitation does not present any problems with admissibility of child witness testimony.
In terms of validity of the context of testimony, the Group did not find the particular necessity to view DV
victims any different from other adult witnesses in other types of crime. Mr. Hossam (Egypt) considered theissue of psychological strain on DV victims to present private issues in a public trial thus the Group decided
to address the issue under the subtopic of “minimizing secondary victimization”.
For child witnesses, Mr. Yokoyama (Japan) raised two possibilities for the child to give false statements.
First, the child faces the psychological burden of presenting negative statements against the offender, theparent of the child. This point overlaps with the psychological strain of DV victims; therefore, the Groupaddressed the issue of minimizing secondary victimization. The second possibility is the suggestibility of achild to adult opinions. Ms. Turcios also explained that in El Salvador, some mothers pressure their children
not to testify against the defendant; the father. She suggested that there is a need for the involvement ofsocial welfare services in the initial stages of investigation, to protect the victims. In this context, Mr.
Yokoyama (Japan) suggested the need to educate the legal importance of the statement to initialinterviewers. Ms. Muronda (Zimbabwe) introduced her country’s “victim friendly practice”. This practice isto question the child through an intermediary or interpreter who is trained to work with children. This
practice may allow the intermediary to block prosecutors or defence counsel’s suggestive questioning.
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victimization. The Group understood the meaning of “secondary victimization” as victimizing the victim byhaving him/her go through the criminal justice procedure.
In the context of giving testimony at trial, Ms. Irene (Indonesia) said that a video link system is useful for
obtaining valid testimony from children and the victims of DV. Members from Japan stated that sometechnological improvements in most countries have actually enhanced victims’ safety when testifying for
instance:(i) the use of a screen;(ii) the use of Video-link; and(iii) the recording of evidence by the court in the absence of the accused.
Where countries are not technologically advanced, they have developed alternative strategies which seek
to protect the victim. Many allow cases of CA/DV to proceed behind closed doors away from the public.
The Group also recognized the need to try to make full use of expert testimony or other means to provethe case without the victim’s statement so criminal justice agencies can minimize the number of cases inwhich the victim has to go through the criminal justice procedure.

V. EFFECTIVE DISPOSITIONSThe subtopics were: desirable disposition, utilization of diversion and holistic legal approach but theGroup discussed all issues together as possible dispositions.
Ms. Muronda (Zimbabwe) suggested that pre-trial diversion is preferable because there are a number ofsituations where a prosecution does not meet the best interests of the victim, the offender, the criminal
justice system and society. In terms of diversion, Ms. Turcios introduced three types of diversion in El
Salvador. First, when the accused admits the offence, the prosecutor or court may suspend the procedure
under the condition to refer the offender to some rehabilitation programme such as drug rehabilitation or
alcoholics anonymous. Second, where the offender pleads guilty, he/she may be diverted to a rehabilitation
programme instead of incarceration. In this procedure, the penitentiary judge is to intervene when he/she
finds it necessary to protect the rights of the victims. However, the problem in El Salvador is that there are
no officers to assist the judge thus the judge is over-burdened to make proper decisions. Third, conciliation,or mutual agreement between the offender and victim, could suspend the procedure even if the offender
does not admit his/her conduct. Ms. Turcios pointed out that there is a need for the involvement of an officer
to ensure the victim’s free will but the current Salvadorian system lacks such a process.
Ms. Muronda (Zimbabwe) said even when the case is not suitable to incarcerate the offender, there
should be some way to hold the offender accountable for his/her conduct. In this context, she offered an
example of Zimbabwean practice to order the perpetrator to compensate the victim. The Group generally
found this compensation practice favourable and believed it would give the victim a benefit from the criminal
justice system unlike in the past where he/she had been just used as evidence to prove the state’s casewithout any reward. However Mr. Yokoyama (Japan) questioned the realistic advantage of a compensation
order in the case of CA/DV where the income of the offender and victim are common if the victim is notseparated from the offender.
The Group generally agreed on the need to rehabilitate offenders alongside of compensation to prevent
re-offending. In this context, Mr. Aoki said that in Japanese practice, the public prosecutor has no means tofollow-up on the offenders after suspending the prosecution. Mr. Aoki realizes the importance of diversion torehabilitation programmes but said that it would be difficult to obligate offenders to go through such a
programme under current laws without a conviction. Mr. Yokoyama (Japan) indicated the difference between
the purpose of the criminal justice system and rehabilitation programmes. He stated that the criminal justiceprocedures are designed to clarify the facts and the extent of criminal liability for offences committed in thepast but rehabilitation needs to assess the future thus it may go beyond the ability of criminal justiceagencies. In addition, he said, to determine from various options including diversion to rehabilitation
programmes, it is necessary for the criminal justice agencies to consult psychologists or someone withexpertise on CA/DV to make an appropriate decision. The Group then agreed on the need to collaborate withoutside agencies.

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Members disagreed with the idea of a unified court to handle criminal cases and civil cases together
because of the legal difficulty of combining two types of procedures together. Mr. Hossam (Egypt), however,offered a favourable opinion about one court to deal with criminal and its relevant civil case simultaneously.
The other members saw a difficulty with the idea because it still requires changes in the law of jurisdictionof courts in most countries. Instead, Mr. Aoki (Japan) said it would be better to utilize the result of criminal
proceedings in related civil suits.

VI. CONCLUSION AND RECOMMENDATIONS
A. Conclusion
The Group agreed on the general importance of education/public awareness of the mechanism of abuse
but as criminal justice agencies, the Group agreed that:
1. Acts pertaining to CA/DV should be criminalized.
2. There is a need for a multidisciplinary approach for victim protection and support.
3. Victim protection should not compromise the accused’s right to due process and a speedy criminal
procedure.
4. There is a need to rehabilitate offenders to prevent re-offending.
B. Recommendations
The Group, emphasizing the international perspective on the issue of CA/DV obtained from this training
course and through discussion among members, agreed to make the following recommendations:
1. Criminalize CA/DV acts to ensure the purposes underlined by relevant UN instruments.
2. Train all stakeholders of the criminal justice system who deal with CA/DV.
3. Cooperate and collaborate with other agencies outside of the criminal justice system.
4. Search for a possibility to develop programmes to treat offenders.
5. Utilize experts and technological improvements for better performance as criminal justice agencies.

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GROUP 2

PROTECTIVE MEASURES FOR VICTIMS OF CHILD ABUSEAND DOMESTIC VIOLENCE
Chairperson
Co-Chairpersons

Mr. Jioape Tukitoga Caginidaveta
Mr. Katsuhiro Kasai
Mr. Delana Mudiyanselage Sarath
Abayagunawardana
Ms. Nor Azilah Hj. Jonit
Ms. AsakoTakashima
Mr. Akbar Nasir Khan
Ms. Rosemary Nanjala Nabwana
Mr. Tomoyuki Hatakeyama(Sri Lanka)(Malaysia)(Japan)(Pakistan)(Kenya)(Japan)Visiting Experts

Dr. Alexander Butchart
Ms. Celia Yangco
Ms. Kanwaljit Deol

(WHO)
(The Philippines)(India)Advisers

Prof. Haruhiko Higuchi
Prof. Tae Sugiyama
Prof. Megumi Uryu
Prof. Iichiro Sakata(UNAFEI)(UNAFEI)(UNAFEI)(UNAFEI)

Rapporteur
Co-Rapporteurs
Members(Fiji)(Japan)I. INTRODUCTION
The Group discussed the following agenda:

A. General Prevention
Raising public awareness through publicity and education
B. Minimizing Victimization
1. Encouragement to increase reporting(i) Exemption from confidentiality(ii) Mandatory reporting(iii) Increasing channels to report victimization
2.

Interdisciplinary coordination to respond to a report for early intervention

3.

Providing safety to victims(i) Seclusion from the perpetrator(ii) Shelters and other living support(iii) Counselling(iv) Minimizing secondary victimization

C. Legal and Policy Solutions
1. Prompt and effective protective orders and criminalizing violation
2. Holistic legal affirmations
II. SUMMARY OF DISCUSSION
A. General Prevention Situations of Public Awareness in each Member’s Country
1. General Discussion
The Group agreed that this topic is very important since domestic violence and child abuse are prevalent
everywhere in the world. Some societies regard domestic violence and child abuse as private matters andthey are not crimes.

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The discussions started with the member from Kenya describing her country’s effort in raising publicawareness especially to children with the setting up of a Children’s Department. Campaigns and seminars
were organized by trained officers at the grassroots levels. They also have plays and songs to promotechildren’s rights among the children and their teachers. The member from Sri Lanka said that his country
has elected 300 CRPO (Child Rights Promotion Officers) to promote child rights to school teachers and staff,
parents and also children. They have a ‘flag day’ for the children to create awareness among them anddistribute leaflets and posters. The member from Malaysia spoke about the commitment of NGOs in her
country to promote the same kind of awareness.
2. Proposed Measures(i) Public awareness through publicity and education
The discussion continued focusing on public awareness programmes and measures for prevention ofdomestic violence and child abuse. The Group unanimously agreed that education about the subject
is important and it should be publicized. Publicity, depending upon available resources in eachcountry, comes in the form of print and electronic media and the contents should include:a)

Understanding of the problems of domestic violence and child abuse is important and needs tobe publicized widely. The nature, the extent and the causes of both issues should be understoodby the general public. The examples in this case can be quoted from Japan and Malaysia where it
has already been carried out by producing booklets, brochures and billboards on the subject. The
same can be done in other countries in official and native/local/national languages.

b)

Rights of women and children should be made public. These target Groups should be well awareof their rights and this will make them realize that they have to play an active role in therestoration of these rights.

c)

The present position of the legislation and legal framework available in each country is anotherimportant step so that everyone knows the protection provided by the state.

d)Cultural and religious values are the core of all societies. In some countries like Pakistan and
Malaysia it is vital to inform the religious leaders to play a positive role in this drive against
domestic violence. Fiji has Community Leaders and Kenya has churches to help deal with theseissues.
It is important for people to know what support is available and provided by the government andnon-government agencies. They need to be educated on the following issues:• The reporting system available in the society;• Counselling session outlets and their locations;• Victim protection facilities i.e., shelters, kinds of treatment provided to victims and theirinterests; and• Help centres established by state and private organizations (for example, TOUCH Child andFamily Support Centre in Fuchu) and other social and awareness activities promoted bydifferent organizations.
There is a need to publicize these issues in an effective manner. The Group discussed whatmechanisms should be adopted in a persistent way to bring these points home for the public.
These methods vary from country to country depending on their social and political set up andaccording to the demographic realities of each country. The Group discussed and agreed on thefollowing points:•

Use of electronic and print media should be properly exploited to form public opinion infavour of protection of women and children’s rights. Even in the absence of these facilities
the message can be delivered by reaching the community in the home and playing dramas
or street plays as mentioned by the Pakistani member.

•Approaching educational institutions and informing teachers and children about domestic
violence and child abuse will be an effective tool to equip children with knowledge. The
subjects should include all forms of violence – physical violence to sexual abuse and taught
to children at an early age in a proper way by their teachers. The same can be done atcolleges and universities.

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These publicity campaigns should not be limited to children and women only but the wholecommunity should be involved. There is a need to approach the community leaders,notables, elders and religious leaders who matter in the social set up of each society. Youthleaders and unmarried young men and women should also be the targets of these education
campaigns as they are potential parents and can work as watchdogs in their own specificspheres.

•

These target groups should be involved in discussions, workshops and seminars. Training
workshops should be arranged by state departments and NGO’s to raise the level of publicawareness. Youth leaders and community representatives should be educated in theseworkshops about the subject and they can carry this message to the community as theirown.

•

Government departments like the police, social welfare agencies, and women related
departments, ministries of religious and cultural affairs and similarly all concerned official
stakeholders should take an active part in publicizing and educating the general public about
the issue.

•

In this campaign, Non-Governmental Organizations should also be encouraged to comeforward and play their part. Human Rights NGOs should also take this objective farther incollaboration with all interested Groups.

•

Celebrating the special days of children and women is another way to highlight the issues
specific to them. If the issue of domestic violence and child abuse is addressed particularly,
then it can also help to stir the minds of the public.

•

Continuity of these programmes should be stressed. Countries, which have severe financial
constraints, should try to ensure proper funding beforehand. Continuous availability ofresources is a prerequisite for these programmes and a source of satisfaction for all who arecommitted to this uphill task.

•

Follow up campaigns should be carried out to assess the ongoing campaigns and any
problems resolved.

The Group, after long deliberations, reached the above conclusions. One advisor pointed out thatsometimes even educated people like doctors or teachers become perpetrators of domestic violence andchild abuse. He raised the question whether the education system had not been successful in these cases toprevent violence by these people. However, most of the members expressed the view that although
education may not be perfect and sometimes not effective, it is very important and the only means ofcreating public awareness and prevention.

B. Minimizing Victimization
1. Encouragement to Increase Reporting(i) Exemption from confidentiality
Public servants and professionals, such as medical doctors and teachers, should be exempted from
confidentiality as these are the persons most likely to recognize problems with regards to domestic
violence and child abuse cases. A Japanese member reported a recent amendment on the exemptionof confidentiality of doctors and lawyers, who are legally bound to keep their clients mattersconfidential on domestic violence and child abuse cases. In mandatory reporting, it might be a good
option to exempt them from confidentiality.

(ii) Protection of the reporting source
The general public should also be encouraged to report freely and their identities should remain
confidential. The Malaysian member explained that their DV Law provides protection of the source
because they are not liable to incur any liability for defamation providing the reporting is done ingood faith. A Japanese member pointed out that in spite of such provisions it is quite easy for theperpetrators to recognize the source of information.

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130th INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE(iii) Mandatory reportinga) Child abuse
One of the approaches for encouraging reporting in child abuse incidents is mandatory reporting
because a child is vulnerable and not capable of making decisions for himself/herself and usuallydependent on the abuser. He/she might not be able to relay to other persons his/her plight. So it
is very important and necessary that we should consider imposing mandatory reporting on
those who are likely to discover child abuse first-hand such as:
•
•
•
•
•

medical practitioners;
law enforcement agents;
child care takers/service providers;teachers; andfamily members other than parents.

An adviser explained the mandatory reporting policy in some states in the USA, where failure toreport suspected child abuse can result in criminal liability (although the liability is typically amisdemeanour punishable by a fine) and can also result in civil liability. We then discussed therange of persons to be mandated to report suspected child abuse. In Malaysia, as reported by its
member, medical practitioners, family members and child care providers are subject tomandatory reporting and failure to report constitutes an offence. A Japanese member, opposedto the mandatory reporting policy with criminal sanctions, pointed out that if doctors andteachers are forced to report then it might result in breaking the trust of the parents of theteachers and patients of the doctors.
With regard to family members being responsible for reporting violence and abuse in the home,a Japanese member questioned whether this imposed an excessive responsibility andpenalization on them. On the other hand, the Pakistani member opined that it is important toimpose these responsibilities on family members so that they do not become mere spectators ofabuse. It was his view that they should play an active role to end this cycle of violence,
especially in extended family systems.
During a plenary meeting the Group proposed discussing views and opinions on having
mandatory reporting for third parties such as family members, neighbours and the public atlarge. A Japanese participant pointed out that making reporting mandatory for medical doctors
could be a heavy responsibility for them and may discourage people sending their children to thedoctor. The visiting expert from Canada pointed out that in Canada, as for child abuse cases, allcitizens have to report because it is a crime, and medical doctors, teachers and psychologists are
required by law, and they are exempted from confidentiality.
After the plenary meeting, the Group discussed the issue of mandatory reporting at length.
Many of the members were in favour of mandatory reporting. The Malaysian member remarked
that in case a person fails to report abuse then he/she can be fined in Malaysia but in practice,
this has not happened so far. The members from Fiji and Sri Lanka were also in favour ofpenalizing those who failed to fulfil the requirements of mandatory reporting. However, there
were reservations about penalizing third parties in case of non-reporting. One Japanese member
pointed out that this will amount to penalizing the public for an act they didn’t do. So there
should be some other means to involve the general public in reporting crimes of violence andabuse. One adviser mentioned that if someone reports such crime and it results in saving andprotecting the victims then he/she might be rewarded for this noble act of exposing the violence
and for helping the victim. According to him, a reward system might be a possible alternative tomandatory reporting with criminal sanctions.
b)

Domestic violence
Members discussed the difference between violence to children and violence suffered by an
adult. Children are vulnerable and may not be able to make decisions about their own safety andtherefore mandatory reporting is important, whereas for adults mandatory reporting may not benecessary.
In regard to cases of domestic violence, a Japanese member pointed out that the consent of169

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victims should be respected. The professionals, such as medical doctors examining the victims,
should ask the victim if they wish to report it or not. It should only be made mandatory to report
regardless of her/his wish in cases where the injury is very serious and is suspected toconstitute a criminal offence.
The Pakistani member suggested that reporting of violence is very important and even after
reporting by a third party, the consent of the victim to proceed against the perpetrator/s throughthe criminal justice system can be ensured.

(iv) Increasing channels of reporting
Most of the members agreed that more channels for the victims should be made available in:• the public sector (welfare, police, hospitals, courts, child guidance centres, one stop centres,etc.) and• non-government organisations and human rights organisations.
However, one Japanese member thought that if there were too many channels, these would confuse
the victim, or third persons going to report, because they basically have little knowledge of available
channels.
Although some countries have hotlines or toll free lines, usually they are too long and not many
people are aware of such numbers. All members agreed that the numbers should be simplified andeasy to remember.
In domestic violence and/or child abuse cases, sometimes the victim or the third party does not want
to initiate an investigation or penalize the perpetrator but merely wants to have psychologicalsupport or wants to prevent further abuse/violence. In this context, the number and types ofchannels, besides the police, should be increased. Here the Pakistani member mentioned thecommunity police in some parts of Europe, like Kosovo where it is the police’s job to settle domestic
disputes and they may or may not follow it up by an official investigation.
Sometimes not only the victims and/or a third parties but also the perpetrators themselves report
the abuse in order to receive support and help them overcome the problem. So there should also beoutlets for them such as Child and Family Support Centres (like the one in Fuchu, Japan) whereparents can consult with experts to resolve their problems.
2. Interdisciplinary Coordination for Early Intervention
Members listed up a number of agencies involved in interdisciplinary coordination, which can begovernment, or non-government agencies such as follows:• Child guidance centres• Schools (teachers/principals)• Police and other law enforcement agencies• Consultation support centres• Hospital/medical services• Courts• Peer groups/community leaders/NGOs• Welfare departments• Children councils (as in Kenya and Sri Lanka)• International organizations (UNICEF, JICA, Red Cross, etc)
• Media
The Group agreed that the key players in coordinating would be the first agency to receive the report, toform the Multi Disciplinary Team or Inter Disciplinary Team which are currently practiced in somecountries.
From here the Group explored the current situation of interdisciplinary coordination for earlyintervention in the respective countries. The Malaysian member explained the establishment of a Child
Protection Team where three permanent members i.e. protector (welfare department), medical officer andthe police are required under the Child Act. A Japanese member explained that in Japan when a report isreceived in a centre for domestic violence, then they guide the victim and ensure her/his security. Then

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necessary steps follow, for her/his financial support by the welfare department if she/he is in need of suchsupport. She mentioned that it is one practical example of interdisciplinary coordination. The member from
Kenya mentioned that there cannot be a single method of coordination and a single agency cannot always be
the lead agency because the nature of domestic violence and child abuse cases varies enormously. So
depending upon each case the response for intervention may be varied and key players also vary looking at
the abuse from different perspectives.
The Pakistani member suggested that there should be a core group of departments who can play anactive role to protect the victims and can intervene effectively. They should share the information and thekind of help they can extend for intervention. He mentioned that this core group should also invite privategroups who run shelters and work for the common cause.
Members agreed that not only intervention after the incident occurred is important, but earlyintervention by inter disciplinary coordination prior to the serious/severe incident would act as prevention.
One of the advisors mentioned that before any kind of intervention, it is important to assess the nature of
the report and to decide about the possible responses. He further elaborated that in ‘minor cases’ there may
not be any requirement of exhaustive coordination and it may be tackled by even a single agency. To this,another advisor mentioned that in many cases intervention by a single agency, like the police, createsproblems for frontline officers who are not able to make decisions on their own due to limitations imposed byhuman rights directives. The Pakistani member mentioned the need to involve different agencies to expand
the possibilities of intervention to avoid this situation.
After exploring the current situation of the respective countries, the Group discussed the effective
implementation of interdisciplinary coordination. A Japanese member remarked that in all such groups
where different departments are represented there is always a problem of conflicting interests and a lack oftransparency of individual departments and this results in poor coordination. He further raised the question
why there should not be a single department having the authority and capability to deal with the problem ofdomestic violence and child abuse.
On the other hand, the Malaysian member thought that the capability and role of each department is
altogether different from other departments in essence. It is one common goal and objective which requires
their input from different angles and it cannot be accomplished by one single department. One of theadvisors mentioned that there may be some crisis management cells to deal with different issues on war
footings. He mentioned the Homeland Security Department of the US as an example but he remarked thatthe overall cost and expense of such a set up would be far more than most countries could afford, so it isbetter to avail of the existing resources to deal with the issue.
The visiting expert from the World Health Organization (WHO) mentioned best practices models like US,
Canada and Australia where they have established Child Protection Units. He also suggested setting up
Child Death Review Teams, like the USA and Canada, in order to closely monitor the circumstances every
time the death of a child takes place due to some kind of abuse. The team may comprise of different
disciplines that share information.
He stressed the necessity of studying the weaknesses and bad practices of the system, and then came up
with recommendations for future reference and guidelines. These guidelines must be formalized. Agreeing
to that, the member from Malaysia mentioned again a ‘working together document’: guidelines on roles andresponsibilities of each agency. The visiting expert from the WHO also mentioned joint training of those
officers/workers concerned in order to strengthen the network and further understanding of the issue andresponse from all concerned agencies.
3. Providing Safety to Victims(i) Seclusion of victims from perpetrators, shelters and other living support:a) Domestic violence victims
All members agreed that seclusion of domestic violence victims from perpetrators is a very
complex situation. Nevertheless, it’s the victim’s option to go out and get help in shelters
provided both by government and non-government agencies and this seclusion is only on a

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temporary basis to buy time to get out of a tense situation or maybe before a petition for a
protection order (like Japan) or any other legal remedy, if available. A Japanese member wasconcerned about maintaining the secrecy of the movement of victims, because despite
seclusion, the victim may not be actually ‘safe’ at the shelters.
The member from Kenya raised the point that this approach may not work in her community
because of local traditions where cultural values are very strong. In Kenya when a husband pays
Dowry money then it becomes almost impossible for the society to seclude the wife from him.
Moreover, if she is not financially stable, the financial cost of bearing this victim along with her
children becomes a liability for her parents or supporters. The member from Pakistan also
supported this point of view and it was further corroborated by the Sri Lankan member. Bothmembers voiced their opinion that this option of seclusion of the victim is possible only in thosecircumstances where there is an organized support mechanism available for victims.
The Pakistani member pointed out that in case of rural areas where there are no shelters madeavailable by the state or any other agency, normally relatives of victims or some local elders docome forward to help the victim and seclude them from the perpetrators. One advisor
mentioned that in Japan before setting up these shelters, some temples, mainly managed by
women, were informally facilitating female victims suffering different hardships, including
domestic violence. The member from Sri Lanka mentioned that there was no such activity intemples of his country. The member from Fiji mentioned that in his society shelters do not exist
and this is still a private matter dealt with by the elders of each family.
The member from Kenya raised the point about the duration of stay of victims in these shelters.
A visiting expert opined that in most of the cases it is for a very short duration but depending on
the situation they may stay for either a long or short period of time. So along with counselling,
the provision of vocational training skills is important for long term victims. The visiting expert
from WHO mentioned that such arrangements incur a huge amount of resources.
In the second plenary meeting, commenting on the issue of seclusion of victims fromperpetrators where there are no shelters or living support available, the member from
Zimbabwe stated that the residence of a community leader becomes a temporary shelter andhe/she provides all necessary support. The government also supports these leaders to discharge
this responsibility effectively. A member from Japan stated that in these special circumstances
the existing public buildings can be used for temporary relief for victims.
b)Child Abuse Victims
The Group agreed that children’s seclusion from perpetrators is necessary in certain situations
to secure their safety. A Japanese member mentioned that the Child Guidance Centre can takeaway a child from the parents even without the parent’s permission with a Family Court order. A
Kenyan member said in her country, seclusion of children depends on the report submitted by aChildren’s Officer to the Juvenile Court. From three to eight years old, the child can be taken toa Children’s Home. From eight to twelve years old, the child can be sent to a rehabilitation
centre until they attain the age of eighteen. While in the centres, the children are given formal
education and vocational training. At the age of seventeen to eighteen, they will be committed toa National Youth Camp. There, they are also given vocational training in areas like carpentry andwelding so they can get a job from the government for self-sustenance.
A visiting expert explained that in the Philippines, there was a protection order for the family toprotect the whole family. The perpetrator is removed from the family by the Police to reduce thetrauma on the child rather than taking the child away from the perpetrator. She also pointed outthat if both the parents are abusive, then the child will be given to a suitable member of theextended family, who can give financial, emotional and psychological support to the child, orcommunity services. The government will provide funds to support the child.
The Sri Lankan member said in his country, if a child of ten years and above has to be takenfrom the family it must be with the consent of the child. The member from Fiji mentioned thatin his country, there is no standard law for seclusion of perpetrators. An adviser reminded theGroup that the seclusion of a child from the family should be the last resort, because separation

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can be more stressful for the child.

(ii) Counselling
The Group shared the view that it is important to provide counselling for domestic violence and childabuse victims and also for perpetrators. Counselling, a visiting expert said, is about behaviour
modification; change from abnormal behaviour to normal behaviour and finding a solution with theinformation available. She added that counselling of perpetrators should not be ignored, and was also
relevant in child abuse cases because it is important to modify their behaviour.
A Japanese member mentioned that in Japan, there is a shortage of professional counsellors, andthey do it on a part-time basis. An adviser also suggested that school counsellors in every school
should be trained by the Criminal Justice System to help abused children attend school. A Japanese
member mentioned that in Japan, where a regular medical check for children is provided, publichealth officers, can also give counselling to children and perpetrators.
In regard to counselling programmes for perpetrators, a visiting expert stated that in the Philippines,
there are counselling programmes for perpetrators to break the cycle of violence and to prevent
repeated victimization. She also mentioned that there should be a case conference to exchange thegood experiences and to find out best practices to deal with issues of children between concerned
authorities. The Kenyan member said that in her country a Probation Officer will deal with theoffender but not in a proactive manner like Canada or Japan. The Pakistani member suggested thathome visitation can be used as a kind of counselling. The visiting expert thought targeting young
perpetrators would be productive since they would be more receptive to new ways of thinking. The
Malaysian member stated that in domestic violence cases, when a protection order is sought, thecourt may order counselling for the perpetrator with a protection order or either one of them orboth.
As it relates to counselling programmes for victims, an adviser suggested that counsellors should beequipped with accurate information on the criminal justice system as well as social resources, which
are available for victims. In regard to counselling child abuse victims, it was agreed by all membersthat in the case of children it has more intervention characteristics rather than just counselling. A
visiting expert mentioned that a role-play or usage of dolls or sand play therapy will help the childbetter understand the situations and at the same time freely express what has happened to him/her.

(iii) Minimizing secondary victimization
The Group agreed on the scope of this topic; discussing victimization after the incident, by third
parties, including the criminal justice system e.g. law enforcement agents, the media, members of
the community and relatives. All the members were of the view that an interdisciplinary approachshould be adopted to minimize secondary victimization. All members agreed to examine this subject
by dividing it into four stages:a) reception of reports and investigation process;b) during the trial;c) post trial; andd) others, among the community in particular.
a)

Reception of reports and investigation process• Attitude towards victims in evidence collection
All members shared the view that, in the case of domestic violence, officers andinvestigators should be considerate to victims without bias and be empathetic with victims
to understand their situation. In the case of child abuse, they should have a ‘child friendly
approach’ to deal with the victims.
•

Training and education for front desk officers and investigators
In order to change the attitude of officers and investigators, more training and education isnecessary. It is more important for front desk officers who deal with these issues first-hand.

•Presence of female officers/volunteers
The Malaysian member mentioned that it was important to appoint female investigators torecord testimony of the victims in domestic violence cases. Where there are no female

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officers available, the presence of a female social worker or relative should be ensured toassist the victim.
•

Single desk approach
OSC (one stop centre in Police Stations and OSCC (one stop crisis centre) in hospitals canlighten the physical/psychological burden of victims.

•

Guidelines for questioning by different Agencies
A visiting expert mentioned that principle officers from agencies such as police, prosecutors,social workers and correction officers should organize workshops and decide the minimum
required questions to be answered by victims to save her/him from the trauma of repeating
her/his plight to different agencies.

•

Sharing victim’s testimony
As the Malaysian member explained, a video recording of a child’s testimony can be sharedby other agencies, if applicable.

b) During the trial• All members were in favour of in camera proceedings for certain cases in order to remove
the presence of spectators in the courtroom.
•

A legal response for victim friendly procedures e.g. video recorded testimony & video linktestimony can be adopted like in Japan and similar steps, at the introductory level in
Malaysia and Pakistan, as mentioned by their members in the Group.

•

A shield between the perpetrators and the witness/victim are effective to prevent victims
from facing perpetrators.

•

A different perspective of court officials towards testimony of a child also could cause
secondary victimization as mentioned by the Malaysian member. It was also suggested by
two visiting experts that not only judges should be trained but also police officers, publicprosecutors and lawyers should be aware of the sensitivity of the issue. Moreover, a code of
ethics in law schools and institutions should be taught with special focus on victim friendly
practices.

c)

Post trial
In some countries, such as Japan, they have a system to inform victims of the date of the releaseof offenders in order to prevent victims from ‘re-victimization’. However, this may result in a
flashback and trauma for the victims and is another form of secondary victimization.

d)

By the community
Secondary victimization by the community, such as the stigma of being abused that is attached
to victims through no fault of their own. The member from Fiji mentioned that the victim isnormally ignored by the community and even family members start avoiding her/him in manycases. One visiting expert stated that in many cases it’s the victim’s own family which stops
her/him being accepted by the community. She/he is taunted and targeted by friends as being
abused and this results in secondary victimization from the people who are supposed to support
the victim in her rehabilitation and reintegration in society. The Pakistani member mentionedthat it is crucial for the community to be aware that such allusions and references and whispers
are detrimental to the victim and cause secondary victimization. All members agreed that only
public awareness can result in minimizing secondary victimization by society.
In the second plenary meeting members discussed the issue of the role of community inminimizing secondary victimization. A visiting expert mentioned that public education is one
vital means of creating mass awareness and this may start from schools to higher levels as aform of primary prevention. A member from Japan mentioned that seminars in public by thepolice, with close coordination in the community, may result in better understanding of thecommon problem and this issue of secondary victimization can be addressed effectively.

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C. Legal and Policy Solutions
1. Prompt and Effective Protective Orders and Criminalizing Violations(i) Domestic violence cases
In Japan, Malaysia and Sri Lanka the court is entitled to issue protection orders. Regarding thepromptness of the issuance of protective orders, in Malaysia, an interim protection order can beissued by the court once an investigation of the abused has commenced and it has to be accompaniedwith a medical report of the victim which may take a little bit of time. A Japanese member said thatin Japan there are no temporary protection orders. It takes about one week to issue a protection
order after the receipt of a petition from a victim because of the time taken for official
correspondence between the court and the perpetrators. An adviser introduced here the Stalking
Prevention Law of Japan, which stipulates that each Prefectural Public Safety Commission, instead of
the courts, is authorized to issue Stalking Protective orders, so timely action can be taken for thesafety of victims of stalking. A Japanese member stated that in Japan victims who ask for protection
orders from the court are usually protected by shelters or by their own families and since thecontents of the protection orders includes strict restrictions on the perpetrators rights, such as aprohibition against going home, which might be his own property, hearing from the perpetrator isnecessary.
Likewise, the Kenyan member mentioned that in her country a community leader in remote areas
has the same power to issue protective orders and violation of these orders is also criminalized. The
Pakistani member agreed that the same is being done by elders in his country informally. The
visiting expert from the Philippines mentioned that the Barangay (the village leader) is given theauthority to issue an interim protection order before the actual proceedings of the court.
Relating to the contents of the protection order, a Japanese member asked whether counselling canalso be included in the order. Most of the members supported the Malaysian practice, where thecourt may issue a protection order, counselling, either one or both depending on the case.
The Group agreed that violation of the order should be criminalized like in Malaysia and in Japan. A
Japanese member thought that having only a fine for such a violation is not enough. The Malaysian
member added that both a fine and imprisonment are stipulated in the Malaysia DV law forcontravention of the order. A Japanese member explained that it is the discretion of the court toimpose either a fine or imprisonment depending upon the severity of the case.

(ii) Child abuse cases
As for the child, the Group thinks that a protection order is important and should be delivered as
early as possible for the safety of the child. Criminalizing a violation is necessary and even tougher
penalties should be imposed upon the violator. The Pakistani member mentioned in case bothparents are perpetrators, then a protection order should be issued for the child. The Malaysia
member mentioned that a protection order for a child can be issued to the perpetrators in domestic
violence cases as stipulated in DV law and the perpetrators can be the parents.
2. Holistic Approach (ex. Unified Family Courts)
Most of the members expressed their agreement on the idea of having a legal holistic approach such as
Unified Family Courts. Members considered whether the idea could be implemented in their own countries
by exploring each circumstance. A Japanese member explained that in Japan there are three types of courts.
district civil courts are responsible for issuing protective orders. Then if there is any case of domestic
violence then it is dealt with by a district penal court as there are no separate domestic violence and childabuse courts in Japan. The family courts do exist in Japan but they are used to disposing of cases of divorce
and matters of granting custody of children to the parents. So he explained that there is no unified family
court in Japan. It was suggested by the member that if these protection orders are issued by family courts
then it’s also a type of holistic approach.
One advisor explained that a holistic approach aims at dealing with all the cases of a family by one judge
only. He elaborated that if there is a domestic violence case between a couple and there is another caseconcerning their delinquent child then it may be dealt with in the same court so that the judge can be awareof all the issues of the family; an ideal holistic approach. The Pakistani member expressed his understanding

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that a holistic approach may be adopted to deal with all the cases between the same litigants, whether of acivil, criminal or familial nature between the same couple. He explained that this will involve professional
training of all the staff and will require a legal basis to establish such courts. The Malaysian member addedthat in her country, family courts are about to be established but their formation and full scope is not clear
yet. Notwithstanding, the idea of a holistic approach still exists as the magistrates who issue the protection
orders is also hearing the criminal proceedings in the same case between the litigants. Therefore, victims do
not have to approach different courts and different judges.
Some members mentioned that it is difficult to set up such a specialized branch of the judiciary due to ascarcity of resources in underdeveloped and developing countries. An advisor mentioned that it is notnecessary to establish a new building and resources can also be allocated to deal with these issues
separately.
The Pakistani member said that they have family courts and this holistic approach can be experimented
with if the prerequisites of the promulgation of DV law and proper funding are met. An advisor added that aholistic approach of unified courts also requires cross training and long tenures for judges in the same court.
She pointed to the drawbacks of such an approach that if the judge is biased then one party will be sufferingin all cases. The Group agreed that a unified family court can be very easy from a victim’s point of view, but
its administrative and operational implications should be carefully examined before a final implementation ofthis approach.

III. RECOMMENDATIONS
After detailed deliberations the Group came up with the following recommendations which can help
protect victims of domestic violence and child abuse.
1.

In order to promote general prevention the role of education and public awareness is critical. Mediaand private sector participation at the grass roots level in this campaign is a key to success.

2.

The target of these awareness raising campaigns should be people from all strata of society including
public officers, community and religious leaders, young couples, children, victims and perpetrators.

3.

In order to encourage reporting, protection of the source of the information should be ensured andprofessionals with information on victims should be exempted from confidentiality.

4.

Depending on different social and cultural backgrounds, a system of mandatory reporting may be
implemented to encourage the public to report domestic violence and child abuse.

5.

Maximum channels should be available to the public to approach in order to get relief and a wellorganized interdisciplinary coordination mechanism can result in providing relief to the victims attheir doorstep.

6.

A timely and appropriate level of intervention is vital to provide safety to victims by secluding thevictims from the perpetrators to prevent repeated victimization and victims should be encouraged toapproach shelters and other help centres.

7.

Counselling is not only important for victims to empower them to deal with the situations but
perpetrators should also be targeted to improve their behaviour and break the cycle of violence.

8.

Public education is a major way of minimizing secondary victimization by the community. Moreover,criminal justice practitioners should also be aware of the plight of the victims and equipped withskills to deal with victims appropriately.

9.

A legal framework for effective and prompt protective orders should be in place and violations ofthese orders should be criminalized.

10. A Holistic approach e.g. Unified Family Courts is an alternative solution to the problem but its
practical difficulties should be taken into account. The prime importance is providing relief andprotection to victims and it should be envisaged in existing and future judicial set-ups.

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GROUP 3

TREATMENT PROGRAMMES FOR PERPETRATORS
Chairperson
Co-Chairpersons

Mr. Jae Ho Lee
Mr. Hiroki Sugimoto
Mr. Lameck M.H. Bankobeza
Mr. Chi Keung Kan
Mr. Koji Miura
Mr. Hilbert Macagaling Flor
Mr. Eiichi Suzuki
Mr. Thuya Thein Tun Aung
Mr. Peleniseaila Ifo(Korea)(Japan)(Tanzania)(Hong Kong)(Japan)(Philippines)(Japan)(Myanmar)(Samoa)Visiting Expert

Dr. Harry Stefanakis(Canada)Advisers

Prof. Tamaki Yokochi
Prof. Hiroyuki Shinkai
Prof. Masato Uchida(UNAFEI)(UNAFEI)(UNAFEI)

Rapporteur
Co-Rapporteurs
Members

I. INTRODUCTION
Group three was assigned to discuss “Treatment Programmes for Perpetrators of Domestic Violence(“DV”) and Child Abuse (“CA”)”. A tentative agenda for discussion was worked out as follows:(1) The treatment programmes for perpetrators (“the Programme”) in respective countries;(2) The purposes of the Programme;(3) The target participants of the Programme;(4) The Programme setting;(5) The methodology of the Programme;(6) The time frame of the Programme;(7) The funding of the Programme;(8) The staffing arrangements of the Programme;(9) The schedule of the Programme; and(10) The title of the Programme.

II. THE TREATMENT PROGRAMMES FOR PERPETRATORS IN RESPECTIVE COUNTRIESThe Group first reviewed the Programmes of the participants’ countries. While some participants statedthat their countries did not have any specific Programmes for DV and CA, other participants said they hadsome for certain categories of perpetrators. Detailed situations in respective countries are as in Appendix A.
The Group proceeded to discuss the definitions of perpetrators and offenders which would be usedthroughout this study. After discussion, the Group agreed with the following definitions:(1) “Perpetrator” means any person who commits the act of DV/CA or both, whether convicted or not.
(2) “Offender” means any person who commits the offences of DV/CA, or both.

III. THE PURPOSES OF THE PROGRAMMEIn the course of discussing the purposes of the Programme, participants of the Group raised different
issues for consideration including reducing the perpetrators’ violent behaviour, protecting the victims’ safety,
promoting the awareness of the perpetrators, preventing further violence of perpetrators and reintegrating
the perpetrators into their family. After discussion, the Group agreed that the main purposes of theProgramme could be summarized as preventing further violence, rehabilitating perpetrators and protecting
victims’ safety.

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However, the Group was divided on whether to include reintegration of perpetrators into their family as
one of the Programme purposes or not. As pointed out by the Japanese participants, most victims of DV
and CA in Japan might not welcome the return of perpetrators to their families. Hence, the Group would
only recommend including “reintegration” as one of the Programme purposes when both the perpetratorsand the victims wished for a family reunion. The detailed opinions of each participant are contained inAppendix B.
In order to obtain opinions on the “reintegration” issue from the participants of other Groups, this issue
was tabled in the first plenary session for further discussion. The visiting experts said that we had toconsider many factors when we provided perpetrators with any treatment Programme such as the wishes of
perpetrators and their family members or partners, the safety of the perpetrators’ new family, thepossibilities of perpetrators’ rehabilitation, and the accommodation needs of the perpetrators after release.
While it was good to include reintegration as one of the elements of the Programme, we should not force
reintegration in principle. Another advisor drew our attention to a sexual abuse case in which the victim wasremoved away from her family after the perpetrator had returned home. The victim was deprived of her
family’s protection because she had to live alone from the family and we had to consider providing her withnecessary protection.
The participant from Egypt would like us to consider the possibilities that an offender might take revenge
against a victim who reported the case to the Police and led to his incarceration. The participant from
Malaysia suggested if we could consider making reference to the arrangement of sexual offenders being
adopted in the USA which made known the offenders’ identity to their neighbours.

IV. TARGET PARTICIPANTS
The Group went on to discuss the target participants of this Programme. In general, the Group agreed
that perpetrators included two main categories, i.e. perpetrators who had been arrested by the Police, andperpetrators who had not been arrested but they requested to take part in the treatment Programme. The
former category included perpetrators who had been charged by Police and convicted by a court,
probationers and Parolees.
Some Group participants suggested focusing our studies on the treatment Programmes taking place
inside prisons due to their personal interest and work experience. A Group participant from Japan suggested
our target participants should also cover probationers and parolees in order to study the issue of victim’s
safety after the offenders returned to the community. Another Group participant from Japan suggested weshould cover more target participants in order to have a fuller picture of the problem. Besides, it would not
be too time-consuming to do so because the components of each programme were similar to each other.
With advice from Dr. Stefanakis, the Group identified four types of target participants including inmates,
parolees/probationers, persons given a suspended sentence/conditional sentence, and persons taking part in
the programme voluntarily. After deliberation, the Group agreed to focus our studies on the former two
types of perpetrators which were of more interest to the Group participants. The Group then went on to
discuss the advantages and disadvantages of the treatment Programmes for them.

A. Programme for Inmates
The programme for inmates had many advantages. Firstly, inmates were more risky than non-inmatessince inmates had committed more serious crimes than non-inmates. It was necessary to provide them witha treatment Programme in order to change their behaviour and reduce recidivism. Secondly, it was more
economical to conduct an intensive treatment programme on inmates who were kept in custody. Thirdly, it
was convenient to conduct the treatment Programme for both service providers and inmates, and as a result,the dropout rate might be reduced. However, this Programme also had many disadvantages. Some inmatesmight join the Programme only because they wished to secure a better opportunity of parole. The
effectiveness of the Programme was in doubt because its content would be very general and did not suit the
specific needs of each individual inmate. Moreover, as a prison setting was very different from their homeenvironment, the effectiveness of the Programme might be affected after the release of inmates from prison.
Mr. Miura stated that it was always difficult for an inmate to reform himself. Some Group participants also
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treatment Programme. As a result, inmates were unable to complete the Programme before the expirationof their sentences. Besides, some inmates would prefer not to take part in the Programme as no sanction
would be taken against them. A participant raised a concern over the cost-effectiveness to run the
Programme. Sometimes, the number of target participants incarcerated in a particular prison was very small
and we had to group them together to participate in the treatment programme in one single prison.

B. Programme for Probationers/Parolees
Regarding the advantages of the Programme for probationers/parolees, the Group agreed that it waseasier for relevant authorities to set conditions requiring probationers/parolees to attend the programme.
The motivation for them to take part in the Programme would be higher because it was laid down as one of
the conditions in the Probation/Parole Orders and breach of such condition would be met by appropriate
sanction. Moreover, the Programme content was more geared to the home environment. Research results inmany countries showed that the Programme conducted in the community was more effective in reducing reoffending behaviour than in penal institutions. Besides, probationers/parolees could voluntarily continue totake part in the Programme even if they could not complete the Programme after the expiration of
Probation/Parole terms. The community could also offer assistance to the Programme. Mr. Miura suggested
that probationers would be more likely to change their behaviour than inmates because probationers had alower criminal tendency. However, Dr. Stefanakis pointed out that probationers were found to have a“medium to high” level of risk to commit DV according to the studies conducted in Canada.
On the other hand, the programme for probationers/parolees had its disadvantages. First of all, thedropout rate for this group of perpetrators would be higher as they were not incarcerated and might notattend the Programme. The probationers/parolees could access the victims while inmates could not.
A Group participant from Myanmar commented that there was a problem with the aftercare system in his
country. While most perpetrators would need post-release supervision, some of them were subject to suchrequirements unnecessarily.
Dr. Stefanakis suggested that in order to establish any treatment programmes, it was necessary toconsider the available options based on research evidence.

V. CHARACTERISTICS OF PERPETRATORS AND PROGRAMME SETTING
A. Characteristics of Perpetrators
Mr. Miura suggested that we should amend our agenda by studying the characteristics of DV perpetratorssuch as their behaviour, attitude and thinking before proceeding to discuss the Programme setting. He
explained that we should identify the common characteristics of DV perpetrators and target the traits. We
should then select an appropriate approach such as education or counselling in correcting perpetrators’
behaviour, attitude and thinking. Mr. Suzuki and Mr. Flor agreed with his suggestion. However, Mr.
Bankobeza pointed out that firstly, there was no treatment Programme for perpetrators in his home country
and secondly, the proposal of Mr. Miura was very difficult to understand by some Group participants. He
opined that we should study the relationship between the Programme and the perpetrators’ characteristics
such as age, sentence, number of previous offences, etc. Mr. Suzuki considered it was necessary for us tounderstand the cause of the perpetrators’ behaviour before mapping out their correction plans and Dr.
Stefanakis agreed with him.
Mr. Suzuki suggested that we deal with DV and CA perpetrators altogether, as most of theircharacteristics were common. For example, they usually committed the offence against their family
members and would try to rationalize their behaviour or put the blame on the victims. Mr. Miura suggested
that male adult DV perpetrators, the majority group of perpetrators, as our target of intervention. Dr.
Stefanakis supported this idea because the characteristics of DV and CA perpetrators were similar, and we
could avoid confusion by only focusing on male adult DV perpetrators.
The Group then proceeded to discuss the typical attitude, cognition/thinking, competence and behaviourof perpetrators based on a literature review and their personal experience. The observations of the Groupare summarised in Appendix C.

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Mr. Ifo commented that in Samoa, the perpetrators would usually show respect to the Police when being
investigated. Perpetrators would cooperate with the Police and give all the information required. Sometimes,
perpetrators would argue that the victims had first stirred up the confrontation. Mr. Miura and Sugimoto
shared their experience in handling perpetrators and both of them had similar observations on perpetrators.
The perpetrators would be nice persons in the community but turned out to be tyrannical in the family. The
Group interpreted such behaviour as a typical example of perpetrators who were the dominator in the family,
tended to shift responsibilities to others, and had the ability to control when to use violence.

B. Feedback from the Second Plenary Meeting
The Group consulted the opinions of other participants on selecting the target participants for the
Programme in the 2nd Plenary Meeting on 15th June 2005 and Mr. Ifo gave the presentation on behalf of theGroup.
During the meeting, Professor Ikeda opined that selection of target participants depended very much on
which agencies were responsible to provide the services. Of course, it would be desirable to provide theservice to all perpetrators particularly those who joined the Programme voluntarily. Dr. Stefanakis suggested
that even though the criminal justice system had a mandate to treat court ordered offenders, one to two
persons could be allowed to receive the treatment voluntarily if space permitted. Professor Senta suggested
classifying the perpetrators into three main groups including inmates, persons undergoing mandatory
treatment programmes in the community, and persons undergoing a voluntary treatment programme. The
group of persons undergoing a mandatory treatment programme could include probationers, parolees, andpersons given suspended/conditional sentence. While the Group discussed and agreed on the suggested
classifications made by Professor Senta, it decided to focus solely on probationers/parolees among the biggroup of persons undergoing mandatory treatment programmes for the continuity of the discussion.

C. Programme Setting
After an explanation by Mr. Miura, the Group agreed to adopt the “Common Hybrid Model” when
considering treatment Programmes for inmates and probationers/parolees based on the successful results in
Canada. A brief description of the model is shown in Appendix D.
In order to speed up the discussion process, the Group also agreed to split itself into two sub-groups
chaired by the Chairperson and the Co-chairperson and to work out the details of the treatment Programme
for inmates and probationers/parolees respectively in their leisure time. Each Group would submit theirobservations in the formal meeting for the consultation of the entire Group.

VI. DETAILED ARRANGEMENTS OF THE TREATMENT PROGRAMMEFOR INMATES AND PROBATIONERS/PAROLEESThe Group conducted an in-depth discussion on the arrangements of the treatment Programme forinmates and probationers/parolees. It examined relevant issues including the service providers, time frame,funding, venue, staffing arrangements, staff training curriculum and treatment curriculum. The observationsof the Group on the programmes for inmates and probationers/parolees are summarised in Appendix E and F
respectively.

VII. CONCLUSION
Group three agreed that the perpetrators of DV/CA need to undertake a special perpetrators programme,then we decided to utilize the “Common Hybrid Model” as a model programme/model guideline. In order toimplement this programme/guideline in each field, we have to consider the different settings in respective
countries. For implementation, the following issues should be considered:
1.
2.
3.
4.
5.

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States are obliged to promote treatment programmes for DV/CA perpetrators.
Treatment programmes must address the risks, needs and characteristics of target perpetrators.
States must consider the status of perpetrators such as inmates, probationers/parolees.
States can utilize programmes which are proven to be effective based on research evidence. States
may change such programmes depending on the particular conditions of respective countries.
State government needs to co-operate with other stakeholders, such as, civil organizations, etc.

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6.
7.
8.

Staff competency is important for successful treatment programmes; therefore, appropriate training
is essential.
Proper evaluation of the treatment programmes is important.
Safety of victims and their family members should be considered in developing treatment
programmes.

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APPENDIX A
Treatment Programmes for Perpetrators in Different Countries
Countries

Treatment Programmes for Perpetrators

Hong Kong• There are some programmes for offenders in prisons and in society.
• Also, some programmes are available for victims as provided by the government NGOs.

Japan• There is one pilot programme for DV offenders within prisons.
• There are specified manuals on DV and CA for the Probation Office to follow when handling
parolees who are under supervision, with the assistance of Volunteer Probation Officers.
• Some programmes are provided by NGOs.

Korea• There are programmes organized by social welfare services and within prison.
• Similar services may be introduced to prisons by NGOs.

Myanmar• There is no specific programme.
• However, perpetrators including the families and police should be educated on DV and CA witha view to modifying their behaviour.

Philippines

Some treatment programmes for DV and CA perpetrators are treated under the Penal Code before
enactment of a new law.

Samoa

• The Police and Women’s Commission arrange a periodic publicity campaign to promote publicawareness of DV and CA.
• Also, inmates will also be given lectures to prevent them from committing DV and CA.

Tanzania• DV and CA are seen as serious problems.
• They are treated as crimes under the existing criminal law in order to protect the victims.
• However, there is no specific treatment programme for perpetrators of DV and CA

APPENDIX B
Opinions as to whether “Reintegration of Perpetrators into their Family” should
be one of the Programme Purposes
Agreement

Disagreement

A perpetrator deserves an opportunity to change his
behaviour and support his family.

Some victims of DV and CA and their family members
might not welcome the return of perpetrators. This
amounts to undesirable and unwanted reintegration.

In some countries of different cultural background, afamily may have to depend on the perpetrators to
support them.

Unfounded expectation of the perpetrator:
A perpetrator may think that if he participates in the
programme, he could go back to his family automatically.

To evaluate the performance of the perpetrator and theeffectiveness of the treatment programme

Victim’s safety cannot be secured.

Burden on the government or non-governmentalorganizations to take care of the perpetrators’ family
members particularly when the family is large.

The purpose of this programme should be only
“rehabilitation of offenders” and “prevention of violence”
and should not be “re-integration” because we should
respect victims’ will firstly.

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APPENDIX C
Observations on the Attitude, Cognition/Thinking, Competence and Behaviour of Perpetrators
Attitude• Attitude is similar to belief, it talks about the way that one thinks and feels about something.
• Typical examples of perpetrators’ attitudes are gender dominance, power dominance and believingthat violence can solve problems.
• Life examples include “a wife must obey her husband”, “my wife must take care of me”, “if mypartner makes me angry, I can hit her and teach her what is correct”, “men are superior towomen”.

Cognition/
thinking• It refers to the mental process of understanding that affects how one sees and understands anevent. If one person has an improper cognition, he often misinterprets the situation.
• Typical examples of perpetrators’ cognition/thinking are cognitive distortion, minimization/denial/justification/lack of awareness of violence.
• A life example is that when a man watches his wife talking with her colleague, he may think that
she is having an affair with that guy.

Competence• Refers to whether the perpetrators have the skills or not.
• Typical examples of perpetrators include lack of empathy for others/understanding of others
behaviour, and lack of skills in problem solving/communication/conflict-resolution/assertiveness/anger management.

Behaviour• Refers to acts of people.
• Typical examples of perpetrators’ behaviour include physical abuse, sexual abuse, neglect,
psychological abuse (e.g. emotional abuse, use of abusive language, low respect for family),shifting the blame to the victims, abuse of alcohol or drugs, inconsiderate, superficial obedience toauthority and selective use of violence.

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APPENDIX DBRIEF DESCRIPTION OF THE COMMON HYBRID MODEL
In 1990, the B.C. Association of Counsellors of Abusive Men (ACAM) (recently re-named the Ending
Relationship Abuse Society) introduced the term “The Common Hybrid Model” to describe multi-model
programmes that emphasize safety, personal responsibility, self-awareness, compassion, skill development
and the promotion of attitudes of equality and respect that support the maintenance of non-violent
relationships. All programmes tend to have the following: a cognitive-behavioural foundation; are profeminist based (view violence as tactics of power and control and promote equality); hold offenders
accountable for their behaviour; confront rationalizations and excuses; challenge beliefs, attitudes andexpectations that support violence and inequality; help offenders identify high risk situations; teach skills
which include emotions management, conflict resolution, problem solving, assertiveness and respectfulcommunication. Some programmes also incorporate family systems strategies, trauma work, couple work, afocus on attachment theories and psychodynamic approaches to meet some of the individual needs of themen in the programmes, but all within the framework of promoting personal responsibility and motivation to
behave non-abusively toward others. Modelling of respectful relationships in interactions with theparticipants and between co-therapists is a foundation of the ACAM model. The emotional and physicalsafety of women, children and men is the primary goal of programme delivery and is reflected not only in thetreatment programme itself but also in pro-active participation in a coordinated community response.
The Correctional Services of Canada programmes for moderate and high intensity family violence
offenders are accredited based on the following eight criteria that have shown to be effective:• An explicit empirically based model of change• Targeting of criminogenic needs• Use of proven effective methods of facilitating• A skills development orientation• Attention to responsivity issues (e.g. culture)• Continuity of care or relapse prevention• Sufficient intensity or dosage• Ongoing monitoring of the integrity of programme delivery and programme evaluation.

Framework for Change
Dr. Stefanakis identified the following transitional processes in men who desist from violence inrelationships: Acknowledging the Abuse, Creating Commitment, Stopping the Violence, and Sustaining
Change. The five stages of change are referred to as the Precontemplation (lack of awareness or
acknowledgement of the problem, feel coerced into changing, no intention to change), Contemplation (someawareness/acknowledgement of the problem but no commitment to change, not accepting responsibility),
Preparation (accepting responsibility, intention to change), Action (accepting full responsibility, taking
consistent steps to change) and Maintenance (relapse prevention) stages.
Programme Content
Programmes for male domestic violence offenders include the following areas:• Identifying abusive behaviours• Identifying the elements of respectful relationships• Identifying individual factors that get in the way of having stable relationships and high risk
situations• Confronting minimization, denial and blame• Changing beliefs that lead to violence• Teaching skills for managing difficult emotions• Conflict resolution skills and assertiveness skills• Understanding the impact of abuse on self, partner and children• Empathy and compassion building• Communication skills; problem solving skills• Self-care• Managing jealousy• Family of origin work
• Parenting skills• Financial management184130th INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE•

Healthy intimacy and sexual interactions

Victim Safety
This work with men has as its primary goal the safety of women and children in relationships. This
doesn’t suggest that the man’s needs are second. In fact, it is easily argued that the programmes are also
about keeping the men safe. It takes time for change to occur, however, and programmes need to provide
external structures for safety while the men are building internal structures. These need to include:• Contact with women partners before and during the programme.
• Referral to resources such as counselling, shelters and legal aid.
• Notification if the man stops attending the programme or if there is any indication she may be at risk.
• A clear message that simply because a man is attending treatment does not ensure her safety.
(programmes must not be used as part of her safety plan.)• Safety takes priority over confidentiality.
• Programme facilitators do not advocate for custody, removal of no-contact orders or reconciliation.
• While the men are often very likeable in the group programmes it is important to remember the
potential for violence that exists in the primary relationship.
• The development of clear standards of practice regarding safety.
Community Coordination
One of the strengths of the response to domestic violence was the strong focus on community
coordination. Many communities had committees comprised of representatives from victim services,
women’s shelters, police, crown counsel, probation, hospitals, mental health services, child welfare services,clergy and other family services. A key component of these committees was to recognize their shared visionof stopping violence and to work in their own agencies and together to develop policies which would be
more likely to lead to reduction of violence against women in relationships. The following arerecommendations that will help make coordination effective:• Get the right people on board. Include people with power to make change in their organizations.
• Make a commitment to collaboration and hold regular meetings.
• Work together on mission, vision and values.
• Have the courage to speak up about personal experiences and problems in the system. Address
territoriality, confidentiality and inequality in status and power of those at the table.
• Honour each other’s work.
• Coordinate activities within and between organizations and initiate multi-disciplinary and interagency education and training.
• Establish protocols for interdisciplinary collaboration and service delivery.
• Collaborate on projects.
• Build trust be undertaking concrete, achievable tasks.
• Work together to educate and engage the public.
Extracted from the paper on “The Implementation of Programmes for Offenders of Intimate Partner
Violence in British Columbia” presented by Dr. Harry Stefanakis at UNAFEI in June 2005.

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APPENDIX E
Treatment Programme for Inmates
Service
ProvidersService providers include the government (e.g. Prisons, Social Welfare Department), NGOs (withexpertise in handling inmates, family affairs and treatment programmes), and religious groups.
Good collaboration will be maintained among all service providers. Training for relevant personnel
should be conducted by experts.

Time Frame

Based on the Canadian experience, the treatment programme should last from six months to one
year. According to the Risk Principle, higher risk cases benefit most from higher levels of service,whereas lower risk cases should have a low level of service.
However, if the imprisonment term is shorter than the duration of the treatment programme, theaftercare office should be empowered by the law to arrange for ex-convicts to undergo theremaining treatment programme after release. Alternatively, we can arrange ex-convicts to takepart in the Programme voluntarily in NGOs, or a modified Programme should be worked out for the
short-termers.

Funding

Funding can come from national and local governments and NGOs.

Venue

Prison should be the venue considering the security requirements.

Staffing
Arrangement

Prison officers, psychologist, psychiatrist, and relevant professionals in the government and NGOs
could be employed to deliver the service. According to the Canadian experience, the typicaltherapeutic team should be mixed gender. It should include at least two counsellors with interns.
All staff engaged should possess professional qualifications to ensure standards of ethics andpractice are maintained in providing the treatment programme. Staff should also have knowledge ofthe dynamics of abuse, skills at therapeutic engagement and the attitudes that are respectful to men
and women

Staff Training
Curriculum

All staff assigned to conduct the treatment Programme must have the minimum academic
qualifications and attend induction training on the programmes provided in the organizations.
Any staff that do not have the professional qualifications should work under the guidance of qualified
staff. They should be provided with on-the-job training.
All staff should attend regular refresher and development courses, e.g. seminars, workshops,
conferences, international training courses, etc.

Treatment
Curriculum

According to the Canadian experience, the treatment should start with an assessment stage firstwhich will identify risk, suitability, and other treatment needs. Preferably, the inmates’ partner
should be contacted at the assessment stage to obtain more information.
“The stages of change” include pre-contemplation, contemplation, preparation, action, maintenance.
A detailed description of each stage can be found in this report. If there is not adequate time tocomplete the whole programme in prison, we may conduct only pre-contemplation/contemplation/
preparation in the prison, and collaborate with the aftercare office to follow up the remaining parts ofthe programme.
The content of the treatment programme should include identifying abusive behaviours/theelements of respectful relationships/individual factors that get in the way of having stable
relationships/high risk situations, confronting minimization, denial and blame, challenging beliefs
that lead to violence, teaching skills for managing difficult emotions/gender issues/conflict
resolution / communication / problem-solving / assertiveness / parenting / empathy & compassionbuilding, understanding the impact of abuse on self, partner and children/jealousy/healthy intimacy
and there should be relapse prevention plans.

OthersIn order to make the treatment programme successful, the service providers should bear in mind thatsafety and support of the victims and their family members and perpetrators are of vital importance.
Besides, good liaison and collaboration must be maintained among all parties involved.
Programme evaluation should be carried out regularly.

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APPENDIX F
Treatment Programme for Probationers/Parolees
Service
ProvidersService providers include government agencies (e.g. Social Welfare Department, Probation Office,Prisons), NGOs (with expertise of handling family affairs and relevant treatment programmes),
religious groups, etc.
The government must take part in the services. It is essential for the government to provide
adequate protection to both victims and perpetrators. The government should also work hand inhand with other NGOs so that their services can be complementary with each other, e.g. thegovernment could provide resources while the NGO could provide expertise and other assistance.
The Group is open to the idea of allowing private professional associations like psychologists andpsychiatrists to take up the services provided they have the competence and expertise. The
standard of services should be properly monitored by the government through contracts,
memorandums of understanding, etc.

Time Frame

The Group has studied the Japanese Model (18 sessions) and the Canadian Model (27 sessions in 52
weeks). Considering that the Japanese Model is still under trial and targeted to voluntary
participants, the Canadian Model is a better option which runs once every two weeks. The Groupconsiders that the sessions should not be too frequent as it may affect the job of probationers/
parolees.
Judges should preferably be asked to take note of the programme requirements for probationers/
parolees when passing sentences. In the Philippines, Korea, and Hong Kong, probation reports on
the offenders will be submitted to the judge for consideration.
Mr. Bankobeza considered that the subjects’ consent should be a prerequisite for participating in thetreatment programmes considering the practical difficulties in providing treatment programmes toreluctant clients. Some other participants considered that the experts should determine which
offenders should take part in the treatment programme based on different factors, e.g. the safety ofthe victim and offenders. However, Dr. Stefanakis stated that in Canada, offenders ordered to take amandatory programme would be sanctioned if they did not attend the programme or they turned
hostile in the programme. He remarked that if offenders could have the choice, most of them would
not take part in the programme. Anyhow, trained personnel could handle reluctant clients
effectively in most cases.
The Group also considered the question of whether it is strictly necessary to immediately send aprobationer/parolee back to jail for breaching any probation/parole conditions. While the practices
vary between countries, the Group agreed that each country should promulgate relevant guidelines
for enforcing the Probation and Parole Orders.

Funding

Possible sources of funding include national and local governments, NGOs, religious bodies,
donations from a Trust Fund or individuals, and overseas funding such as Official Development
Assistance. Probationers and parolees should pay some fees fixed at a rate affordable for them.

Venue

The venues can be provided in the Probation Offices, NGO offices, Community Centres, or religious
houses.
The venue should be comfortable, warm and friendly so that probationers/parolees can take part in
the treatment programme more easily. The venue design should allow the identities ofprobationers/paroles to be kept confidential and not cause any embarrassment to them.

Staffing
Arrangement

The service should be delivered by qualified staff from the government/NGOs/religious groups suchas competent professional social workers, clinical psychologists, psychotherapists, prison officers(with relevant training) and probation officers. Mixed gender teams should be employed in providing
the services.
A suitable staff and participants ratio should be fixed and the group size for a Psycho-educational
orientation group should be 15-20 participants whereas a Therapeutic group should be 8-12 men.
Staff should preferably be multi-skilled and willing to work shifts.

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Staff Training
Curriculum

All staff assigned to conduct the treatment Programme must have the minimum academic
qualifications and attend induction training on the programmes provided by the organizations.
Staff who do not have the professional qualifications should work under the guidance of qualified
staff. They should be provided with on-the-job training.
All staff should attend regular refresher and development courses, e.g. seminars, workshops,
conferences, international training courses, etc.

Treatment
Curriculum

The treatment content should have three stages, i.e. Assessment stage, Therapeutic stage andPost-parole Supervision stage. The former two stages were similar to the Assessment Stage andprovisions of “Stages of Change” specified in the Programmes for inmates.

OthersIn order to make the treatment programme successful, the service providers should bear in mind
that the safety and support of the victims and their family members and perpetrators is of vital
importance.
Besides, good liaison and collaboration must be maintained among all involved parties.
Programme evaluation should be carried out regularly.

188PART THREE

Work Product of the Seventh Special Training Course
on Corruption Control in Criminal Justice

UNAFEIVISITING EXPERTS
INVESTIGATING CORRUPTION
By Tony KWOK Man-wai*

I. INTRODUCTION
The Hong Kong ICAC is popularly regarded as a successful model in fighting corruption, turning a very
corrupt city under colonial government into one of the relatively corruption free places in the world. One of
the success factors is its three-pronged strategy - fighting corruption through deterrence, prevention andeducation. All three are important but in my view, deterrence is the most important. That is the reason why
the ICAC devoted over 70% of its resources into its Operations Department, which is responsible forinvestigating corruption. Nearly all of the major corruption cases I have dealt with were committed bypeople in high authority.
For them, they have certainly been educated about the evil of corruption and they may also be subject toa certain degree of corruption prevention control. But what inspired them to commit corruption? The
answer is simply greed, as they would weigh the fortune they could get from corruption with the chance ofthem being discovered. So how can we deter them from being corrupt? The only way is to make themrealize that there is a high risk of them being caught, which is therefore the mission of the ICAC Operations
Department - to make corruption a high risk crime. To do that, you need a professional and dedicatedinvestigative force.

II. DIFFICULTIES OF INVESTIGATING CORRUPTION
Corruption is regarded as one of the most difficult crimes to investigate. There is often no crime scene,
no fingerprints, no eye-witnesses to follow up. It is by nature a very secret crime and can involve just two
satisfied parties, so there is no incentive to divulge the truth. Even if there are witnesses, they are often
parties to the corruption themselves, hence tainted with doubtful credibility when they become prosecution
witnesses in court. The offenders can be equally as professional as the investigators and know how to coverup their trails of corruption. The offenders can also be very powerful and ruthless in enforcing a code ofsilence amongst related persons through intimidation and violence to abort any investigation. In this modernage, the sophisticated corrupt offenders will take full advantage of the loopholes in cross jurisdictions andacquire the assistance of other professionals, such as lawyers, accountants and computer experts in theirclandestine operations and to help them launder their corrupt proceeds.

III. CORRUPTION AND ORGANIZED CRIME
Corruption rarely exists alone. It is often a tool to facilitate organized crime. Over the years, the ICAC
has investigated a wide range of organized crimes facilitated by corruption. Law enforcement officers havebeen arrested and convicted for corruptly assisting drug traffickers and smugglers of various kinds; bankmanagers for covering up money laundering for the organized crime syndicates; and hotel and retail staff for
perpetuating credit card fraud. In these cases, we need to investigate not only corruption, but some very
sophisticated organized crime syndicates.

IV. PREREQUISITES FOR AN EFFECTIVE INVESTIGATION
Hence, there is an essential need for professionalism in corruption investigation. There are several
prerequisites to an effective corruption investigation:

A. Independent
A corruption investigation can be politically sensitive and embarrassing to the Government. The* Honourary Course Director, Corruption Studies Programme, Hong Kong University SPACE and Former Deputy
Commissioner & Head of Operations, ICAC, Hong Kong.

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investigation can only be effective if it is truly independent and free from undue interference. This depends
very much on whether there is a top political will to fight corruption in the country, and whether the head of
the anti-corruption agency has the moral courage to stand against any interference.

B. Adequate Investigative Power
Because corruption is so difficult to investigate, you need adequate investigative power. The HK ICAC
enjoys wide investigative power. Apart from the normal police power of search, arrest and detention, it has
power to check bank accounts, require suspects to declare their assets, require witnesses to answer
questions on oath, restrain properties suspected to be derived from corruption, and hold the suspects’ travel
documents to prevent them from fleeing the jurisdiction. Not only is the ICAC empowered to investigate
corruption offences, both in the Government and private sectors, they can investigate all crimes which areconnected with corruption. I must hasten to add that there is an elaborate check and balance system toprevent abuse of such wide power.
C. Adequate Resources
Investigating corruption can be very time-consuming and resource intensive, particularly if the cases
involve cross jurisdiction. In 2002, the HK ICAC’s annual budget amounted to US $90 million, about US $15
per capita. You may wish to multiply this figure with your own country’s population and work out the anticorruption budget that needs to be given to the equivalent of ours! However, looking at our budget fromanother angle - it represents only 0.3% of our entire Government budget or 0.05% of our Gross Domestic
Product (GDP). I think you will agree that such a small “premium” is a most worthwhile investment for aclean society.
D. Confidentiality
It is crucial that all corruption investigations should be conducted covertly and confidentially, at least
before arrest action is ready, so as to reduce the opportunities for compromise or interference. On the other
hand, many targets under investigation may prove to be innocent and it is only fair to preserve theirreputation before there is clear evidence of their corrupt deeds. Hence in Hong Kong, we have a law
prohibiting anyone, including the media, from disclosing any details of the ICAC investigations until overt
action such as arrests and searches have been taken. The media once described this as a “press gag law” butthey now come to accept it as the right balance between press freedom and effective law enforcement.
E. International Mutual Assistance
Many corruption cases are now cross jurisdictional and it is important that you can obtain international
assistance in the areas such as locating witnesses and suspects; money trails, surveillance, exchange ofintelligence, arrest, search and extradition, and even joint investigation and operation.
F. Professionalism
All the investigators must be properly trained and professional in their investigation. The HK ICAC strives
to be one of the most professional law enforcement agencies in the world. The ICAC was one of the firstagencies in the world to interview all suspects under video, because professional interview technique and theneed to protect the integrity of the interview evidence are crucial in any successful corruption prosecution.
The investigators must be persons of high integrity. They must adhere strictly to the rule of confidentiality,
act fairly and just in the discharge of their duties, respect the rights of others, including the suspects andshould never abuse their power. As corruption is so difficult to investigate, they need to be vigilant,innovative and be prepared to spend long hours to complete their investigation. The ICAC officers are often
proud of their sense of mission and this is the single most important ingredient of the success of the ICAC.
G. An Effective Complaint System
No anti-corruption agency is in a position to discover all corrupt dealings in the society by itself. They
rely heavily on an effective complaint system. The system must be able to encourage quality complaints
from members of the public or institutions, and at the same time, deter frivolous or malicious complaints. It
should provide assurance to the complainants on the confidentiality of their reports and if necessary, offer
them protection. Since the strategy is to welcome complaints, customer service should be offered, making it
convenient to report corruption. A 24 hours reporting hotline should be established and there should be aquick response system to deal with any complaints that require prompt action. All complaints, as long as there
is substance in them, should be investigated, irrespective of how minor the corruption allegation. What

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appears to be minor in the eyes of the authorities may be very serious in the eyes of the general public!

V. METHODS TO INVESTIGATE CORRUPTION
Investigating corruption can broadly be divided into two categories:• Investigating past corruption offences• Investigating current corruption offences

A. Investigating Past Offences
The investigation normally commences with a report of corruption and the normal criminal investigation
techniques should apply. Much will depend on the information provided by the informant and from there, thecase should be developed to obtain direct, corroborative and circumstantial evidence. The success of suchinvestigation relies on the meticulous approach taken by the investigators to ensure that “no stone is left
unturned”. Areas of investigation can include detailed checking of the related bank accounts and company
ledgers, obtaining information from various witnesses and sources to corroborate any meetings or corrupt
transaction, etc. At this stage, the investigation should be covert and kept confidential. If there is noevidence discovered at this stage, the investigation should normally be curtailed and the suspects should not
be interviewed. This would protect the suspects, who are often public servants, from undue harassment.
When there is a reasonable suspicion or evidence discovered in the covert stage, the investigation can enterits overt stage. Action can then be taken to interview the suspects to seek their explanation and if
appropriate, the suspects’ home and office can be searched for further evidence. Normally a further followup investigation is necessary to check the suspects explanation or to go through the money trails as a resultof evidence found during searches. The investigation is usually time-consuming.
B. Investigating Current Corruption Offences
Such an investigation will enable greater scope for ingenuity. Apart from the conventional methods
mentioned above, a proactive strategy should always be preferred, with a view to catch the corrupt person
red-handed. In appropriate cases, with proper authorities obtained, surveillance and telephone interception
can be mounted on the suspects and suspicious meetings monitored. A co-operative party can be deployed
to set up a meeting with a view to entrap the suspects. An undercover operation can also be considered toinfiltrate a corruption syndicate. The pre-requisite to all these proactive investigation methods areprofessional training, adequate operational support and a comprehensive supervisory system to ensure thatthey are effective and in compliance with the rule of evidence.
One unique feature of corruption investigation is that the investigators must not be content withobtaining evidence against one single offender. Corruption is always linked and can be syndicated. Everyeffort should be explored to ascertain if the individual offender is prepared to implicate other accomplices or
the mastermind. In Hong Kong, there is a judicial directive to allow a reduction of 2/3 of the sentence of
those corrupt offenders who are prepared to provide full information to the ICAC and give evidence against
their accomplices in court. The ICAC provides special facilities to enable such “resident informants” to bedetained in ICAC premises for the purpose of de-briefing and protection. This “resident informant” system
has proved to be very effective in dealing with syndicated or high-level corruption.

C. Interview Technique
As corruption is a secret crime involving parties who are often sworn to the code of secrecy and silence,a successful corruption investigator should always be a good interviewer, so as to break the code of silence.
Interview technique always forms a very important part of the professional training of corruption
investigators. Interview techniques should include the following elements:•

Proper preparation and planning before the interview – the interviewer must study the casethoroughly – the background of the interviewee, the available evidence against him, the list ofquestion areas, etc. He should then formulate the structure of the interview.

•

Ability to deal with a reluctant witness – it is fully understandable that the interviewees in
corruption cases are reluctant to come forward in the interview. The interviewer must have theability to identify the reasons behind the interviewee’s reluctance, whether it is due to his dislike ofthe agency, fear of intimidation, fear of going to court, his relations with the corrupt offenders, etc.

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Ability to build rapport – by putting the interviewee at ease in a hospitable environment, giving him
reassurance, and handling him with patience and sympathy.

•

Need for active listening and flexibility in the line of questioning, depending on what the interviewee
has said.

•

Maintain eye-contact and watch the body language, which often give you a clue as to the truthfulnessof what the interviewee is saying. Always attempt to test the truth and to identify the motive of thestatements made by the interviewee.

•

If the interviewee is prepared to relate the full version, ensure that maximum details are obtained –when, where, who, what and how, in chronological sequence, and most important of all, who else isalso involved in the corruption.

•

Always retain control of the interview.

D. Investigative Support
Apart from the core investigation units, there should be strong operational support units, and thefollowing are essential for the reasons given:
1. Intelligence Section
As a central point to collect, collate, analyze and disseminate all intelligence and investigation data,
otherwise there may be major breakdown in communication and operations.
2. Surveillance Section
A very important source of evidence and intelligence. The Hong Kong ICAC has a dedicated surveillance
unit of over 120 surveillance agents and they have made a significant contribution to the success of anumber of major cases.
3. Technical Services Section
This section provides essential technical support to surveillance and operations.
4. Information Technology Section
It is important that all investigation data should be managed by computer for easy retrieval and proper
analysis. In this regard, computers can be an extremely useful aid to investigation. On the other hand,
computers are also a threat. In this modern age, most personal and company data are stored in computers.
The anti-corruption agency must possess the ability to break into these computers seized during searches to
examine their stored data. Computer forensics is regarded as vital for all law enforcement agencies
worldwide these days.
5. Financial Investigation Section
The corruption investigations these days often involve a sophisticated money trail of proceeds ofcorruption, which can go through a web of off-shore companies and bank accounts, funds, etc. It is necessary
to employ professionally qualified investigative accountants to assist in such investigation and in presenting
such evidence in an acceptable format in court.
6. Witness Protection Section
The ICAC has experienced cases where crucial witnesses were compromised, with one even murdered,
before giving evidence. There should be a comprehensive system to protect crucial witnesses, including 24
hour armed protection, safe housing, a new identity and overseas relocation. Some of these measuresrequire legislative backing.

VI. CONCLUSION AND OBSERVATIONS
In conclusion, the success factors for an effective corruption investigation include:•194

An effective complaint system to attract quality corruption reports

SEVENTH COURSE ON CORRUPTION CONTROL IN CRIMINAL JUSTICEVISITING EXPERTS•

An intelligence system to supplement the complaint system and to provide intelligence support toinvestigations•

Professional & dedicated investigators who need to be particularly effective in interviewing
techniques and financial investigation•

More use of proactive investigation methods, such as entrapment and undercover operations•

A good system of protection for whistle-blowers and key witnesses•

International co-operation

It is obvious that corruption is getting more and more difficult to investigate. The offenders have taken
full advantage of the high technology and cross jurisdiction loopholes. The conventional investigation
method and the current legal system may not be adequate to win the battle against the corrupt. We should
adopt a more proactive approach in investigation such as the wider use of undercover operations and the useof telephone interception. In addition, there is also a need to strengthen the legislation to provide a betterbalance between human rights and effective law enforcement. There are two proposals:

A. Right of Silence
Corruption is a secret crime and there is a need to break the secrecy if we want to find out the truth.
Many countries follow the old British system of allowing the suspect to exercise their right of silence whenquestioned by the investigators. If they have a lawyer, the first thing the lawyer will advise them is tomaintain his right of silence! However, when the case comes to court, the offender will have ample time toconcoct a story, which does not allow the prosecution sufficient time to verify its truthfulness. In the end, it
defeats the objective of the criminal justice system in enabling full facts to be presented to the court so as toarrive at a fair verdict. Under the new British cautioning system, the suspects are now warned that any
delayed response to questions may prejudice their defence in subsequent legal proceedings. The new caution
reads like this, “You do not have to say anything. But it may harm your defence if you do not mention whenquestioned something which you later rely on in court. Anything you do say may be given in evidence”. I
believe this new caution strikes a better balance between the human rights of suspects and the public interest
to investigate crime. Alternatively, we should also consider adopting the Continental system where thesuspect can be interviewed by an examining magistrate where he cannot exercise any right of silence.
B. Telephone Intercept
It is no longer a secret to the criminal world that most law enforcement agencies have access totelephone intercept in their investigation. There appears to be two broad ways in dealing with telephoneintercept in different countries. In the United States, Canada and Australia, telephone intercept requires
judicial approval authority and its products can be used as evidence in court. In Britain and some othercountries, telephone intercept is approved by the Executive and cannot be used as evidence in any courts.
Experience over the world has proven that telephone intercept is an extremely useful tool in investigatinghigh level organized crime and corruption and its production in court often forms the crucial evidence
against the mastermind offenders. To disallow the use of telephone intercept evidence in court is in my view
simply to hamper the effective investigation and prosecution of major corrupt offenders. So long as there is aproper check and balance system built into the use of telephone intercept, there is no valid reason why theevidence obtained from it should not be used as evidence in the criminal trial.
In addition, consideration should also be given to introducing new legislation to protect whistle-blowers,
offer witness protection and allow a greater degree of entrapment to facilitate successful undercover
operations, and the international mutual assistance in corruption investigation and money laundering.
Finally, the key to successful enforcement against corruption can be summarized in the new Mission
Statement of the Operations Department of the Hong Kong ICAC: “By enforcing the law vigilantly andprofessionally, we are determined to seek out and eradicate corruption wherever it exists”

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FORMULATING AN EFFECTIVE ANTI-CORRUPTION STRATEGY –THE EXPERIENCE OF HONG KONG ICAC
By Mr Tony KWOK Man-wai*

I. SHORT HISTORY AND THE ACHIEVEMENTS OF THE ICAC
Let me explain briefly about the Hong Kong ICAC which has a particularly interesting history and story
to tell. It was established in 1974 at the time when corruption was widespread, and Hong Kong, as a British
Colony, was probably one of the most corrupt cities in the world. Corruption was a way of life and existed“from womb to tomb”. There was at that time a particularly close “business” association between law
enforcement agencies and organized crime syndicates. Nearly all types of organized crimes, vice, gamblingand drugs were protected. As a taxi-driver, you could even buy a monthly label stuck on your taxi and it
would guarantee you from any traffic prosecution. Such was the scale of open corruption in Hong Kong.
When ICAC was set up in 1974, very few people in Hong Kong believed that it would be successful. They
called that “Mission Impossible”. Within three years, the ICAC smashed all corruption syndicates in the
Government and prosecuted 247 government officials, including 143 police officers. In its thirty years ofhistory the ICAC has achieved the following success:
•
•
•
•
•

Eradicated all the overt types of corruption in the Government. Corruption now exists as a highly
secretive crime, and often involves only satisfied parties.
Amongst the first in the world to effectively enforce private sector corruption.
Ensures that Hong Kong has clean elections.
Changed the public’s attitude to no longer tolerating corruption as a way of life; and support the fightagainst corruption and are not only willing to report corruption, but are prepared to identify
themselves in the reports.
As an active partner in the international arena in promoting international co-operation. ICAC is the
co-founder of the International Anti Corruption Conference (IACC).

No doubt the fight against corruption in Hong Kong is a success story and has had wide ramifications tothe change of culture in Hong Kong. In the Year 2000 Millennium public opinion survey in Hong Kong, theestablishment of the ICAC was voted the 6th most important event in the 150 years of history in HongKong. In promoting Hong Kong as an ideal place for foreign investment, we use this slogan: “Thecompetitive advantage of Hong Kong is the ICAC”!

II. NEED FOR A COMPREHENSIVE STRATEGY IN FIGHTING CORRUPTION
The experience of Hong Kong is that you cannot rely on one single solution to fight corruption. Fighting
corruption requires a well thought out and comprehensive strategic plan. I have been running a number ofstrategic planning workshops in different countries and I recommend the following model.

A. Step 1 – Taking an External Environmental Scanning
You should examine the various external factors that may affect the fight against corruption in the
country and through this process, identify the problems:
1. Political Environment• Is there adequate political will to fight corruption?
• Is there any political interference in investigating corruption?
• Is the political system defective? Are there any political elections? Is there any corruption in theelection process?
• Is there support from the Legislature in fighting corruption?
• Is there adequate accountability and transparency in the government?
* Honourary Course Director, Corruption Studies Programme, Hong Kong University SPACE and former Deputy
Commissioner and Head of Operations, Independent Commission Against Corruption (ICAC), Hong Kong.

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2. Economic Environment• Is the poverty of the state related to corruption?
• Are the salaries of the civil servants adequate and comparable with the business sector?
• Is the Government providing sufficient funding in its budget for fighting corruption?
• How prevalent is corruption in the business sector?
3. Social Environment• What is the public attitude towards corruption?
• Are people willing to report corruption? Anonymously or non-anonymously?
• What is the public perception of the government’s effectiveness in fighting corruption?
• Is there any ethics education in school and universities?
• Is the media supportive of fighting corruption?
4. Legal Environment• Is the anti-corruption legislation adequate and effective?
• Is the election law adequate in preventing corruption?
• Is there a right balance between effective enforcement and human rights? And between effective
prosecution of corrupt offenders and protection of the innocent?
• What is the standard of the public prosecutors and judges?
The above list of questions is not exhaustive. They are merely guidelines to assist you to examine theunique environment of your countries to identify the barriers in fighting corruption.

B. Step 2 – Taking an Internal Environmental Scanning
The next step is to examine the designated agency tasked with fighting corruption to assess its
effectiveness. One common method is the use of the Seven S model, i.e. you examine the agency’s
Structure, System, Style, Staff, Skill, Strategy and its Shared Values, so as to analyze its respective
Strengths, Weaknesses, Opportunities and Threat (SWOT analysis). The followings are some of the areas
you can go through in this analysis:
1. System• Is the system conducive to efficiency, value for money and accountability?
• Is there a review mechanism to review enforcement decisions and results?
• Are there adequate operational guidelines for staff?
• Is there a strict confidentiality rule to protect the integrity of the corruption investigation?
2. Staff• Are the human resources management, i.e. recruitment, promotion, termination built on theemphasis of staff integrity and professionalism?
• Is there an internal monitoring system to ensure staff integrity?
3. Skill• Is there a comprehensive skill list?
• Is there adequate training and refresher training to ensure the professionalism of staff?
• Is there adequate professional support service?
4. Structure• Is the structure based on priority targets in fighting corruption?
• Is the structure built on professionalism?
• Does the structure ensure supervisory accountability?
5. Style• What is the management style?
• Is there effective communication and staff consultation?
6. Strategy• Is there a comprehensive corporate plan?

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Is the fight against corruption based on a reactive or proactive approach?
Is there a clear strategy in formulating partnerships with outside agencies in fighting corruption?
Is there a strategy in dealing with the media?

7. Shared Values• Is the leadership setting a good example?
• Does the staff have a passion and sense of mission to fight corruption?
• Is there a code of ethics for staff? With adequate training?
• Is there a fair reward and sanction system?

C. Step 3 – Identify the Major Problems
Having scanned through the external and internal environment, it should not be difficult to identify the
major problems or barriers in effectively fighting corruption. In most of the corruption-prevalent countries,
they usually share the following major problems:
•
•
•
•
•
•
•
•
•
•

Lack of or inadequate top political will to fight corruption.
Lack of independence in investigating corruption. Investigations are often subject to politicalinterference.
The law is inadequate in dealing with corruption.
There are inadequate resources in fighting corruption.
There is public apathy to corruption.
Low salary of public servants.
Widespread corruption in law enforcement agencies and judiciary seen as a mockery of the law.
Anti-corruption agency is ineffective, lack of professionalism and determination.
Lack of strategic partnership in fighting corruption.
Lack of international assistance in tackling extra-territorial corruption offences and tracing ofcorrupt assets.

D. Step 4 – Formulation of Strategy and Strategic Plans
Having identified the major problems, it would be up to the country to come up with a comprehensive
anti-corruption strategy, and then to translate the strategy into an action plan for implementation.
III. WHAT IS THE HONG KONG ICAC STRATEGY
As a result of the success of the Hong Kong model in fighting corruption, many countries followed Hong
Kong’s example in setting up a dedicated anti-corruption agency. However, many of them are not effective
and hence there are queries as to whether the Hong Kong model can be successfully applied to othercountries. The point is whether there is a thorough understanding of the working of the Hong Kong model.
In my view, it consists of the following eleven components

A. Three Pronged Strategy
As stated earlier, there is no single solution in fighting corruption. Hong Kong ICAC adopts a threepronged approach: deterrence, prevention and education. As a result, the Commission consists of three
separate departments: the Operations Department to investigate corruption: the Corruption Prevention
Department to examine the systems and procedures in the public sector, to identify corruption opportunities
and to make recommendations to plug the loopholes; and the Community Relations Department to educate
the public against the evil of corruption and to enlist their support and partnership in fighting corruption.
B. Enforcement Led
The three prongs are equally important, but ICAC devotes over 70% of its resources to the Operations
Department. The reasons are that any successful fight against corruption must start with effective
enforcement on major targets, so as to demonstrate to the public the government’s determination to fightcorruption at all costs, as well as to demonstrate the effectiveness of the anti-corruption agencies. Without
that, the public would be reluctant to come forward to report corruption. Successful enforcement assists in
identifying problem areas for corruption prevention review and can clear any human obstacle in the review.
The successful enforcement stories also provide a basis for public education and act as deterrence for theother corrupt officials.

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C. Professional Staff
Fighting corruption is a very difficult task, because you are confronting people who are probably very
intelligent, knowledgeable and powerful. Thus the corruption fighters must be very professional in theirjobs. The ICAC ensures that their staff are professionals in their diverse responsibilities – the Operations
Department has professional investigators, intelligence experts, computer experts, accountants and lawyers
on their staff. The Corruption Prevention Department has management/technical experts and theCommunity Relations Department pools together education, ethics and public relations experts. Apart fromprofessionalism, all ICAC staff are expected to uphold a high level of integrity and to possess a passion andsense of mission in carrying out their duties. The ICAC strives to be highly professional in theirinvestigations. The ICAC is one of the first agencies in the world to videotape interviews of all suspects;
they have a dedicated surveillance team with over 120 specially trained agents for whom surveillance istheir life-long career. They also have a number of specialized units such as witness protection, computer
forensics and financial investigation.
D. Effective Deterrence Strategy
The ICAC’s strategy to ensure effective enforcement consists of the following components:
•
•
•
•
•

An effective public complaint system to encourage reporting of corruption by members of the public
and referrals from other institutions. The ICAC has a report centre manned on a 24 hours basis andthere is a highly publicized telephone hotline to facilitate public reporting.
A quick response system to deal with complaints that require prompt action. At any time, there is aninvestigation team standing by, ready to be called into action.
The ICAC adopts a zero tolerance policy. So long as there is reasonable suspicion, all reports ofcorruption, irrespective of whether it is serious or relatively minor in nature, will be properly
investigated.
There is a review system to ensure all investigations are professionally and promptly investigated.
Any successful enforcement will be publicized in the media to demonstrate effectiveness and to
deter the corrupt.

E. Effective Prevention Strategy
The corruption prevention strategy aims at reducing the corruption opportunities in government
departments and public institutions, through the following methodology:
•
•
•
•
•
•

Enhance system control
Enhance staff integrity
Streamline procedures
Ensure proper supervisory checks and control
Ensure efficiency, transparency and accountability
Promote a staff code of ethics

F. Effective Education Strategy
The ICAC has a very wide range of education strategies, in order to enlist the support of the entire
community in a partnership to fight corruption. It includes:
•
•
•
•
•
•
•
•

Media publicity to ensure effective enforcement cases are well publicized, through press releases,
media conferences and interviews, as well as the making of a TV drama series based on successful
cases.
Media education – use of mass media commercials to encourage the public to report corruption;
promote public awareness of the evils of corruption and the need for a fair and just society, and as adeterrence to the corrupt.
School ethics education programme, starting in kindergarten up to the universities.
Establish an ICAC Club to accept members who wish to perform voluntary work for the ICAC incommunity education.
Corruption prevention talks and ethics development seminars for public servants and businesssectors.
Issue corruption prevention best practices and guidelines.
In partnership with the business sector, set up an Ethics Development Centre as a resource centre
for the promotion of a staff code of ethics.
Organize exhibitions, fairs, television variety shows to spread the message of a clean society.

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Wide use of websites for publicity and reference, youth education and ethics development

G. Adequate Law
Hong Kong has comprehensive legislation to deal with corruption. In terms of offences, apart from thenormal bribery offences, it created two unique offences:
1.
2.

Offence for any civil servant to accept gifts, loans, discounts and passage, even if there is no related
corrupt dealings, unless specific permission is given.
Offence for any civil servant to be in possession of assets disproportionate to his official income; orliving above means.

On investigative power, apart from the normal police power of search, arrest and detention, the ICAC has
the power to check bank accounts, require witnesses to answer questions on oath, restrain properties
suspected to be derived from corruption, and hold the suspects’ travel documents to prevent them fromfleeing the jurisdiction. Not only are they empowered to investigate corruption offences, both in the
Government and private sectors, they can investigate all crimes which are connected with corruption.

H. Review Mechanism
With the provision of wide investigative power, there is an elaborate check and balance system to prevent
abuse of such wide power. One unique feature is the Operations Review Committee. It is a high poweredcommittee, with the majority of its members coming from the private sector, appointed by the Chief
Executive. The committee reviews each and every report of corruption and investigation, to ensure allcomplaints are properly dealt with and there is no “whitewashing”. It publishes an annual report, to betabled before the Legislature for debate, thus ensuring public transparency and accountability. In addition,
there is an independent Complaint Committee where members of the public can lodge any complaint against
the ICAC and/or its officers and there will be an independent investigation. It also publishes an annual report
to be tabled before the Legislature.
I. Equal Emphasis on Public & Private Sector Corruption
Hong Kong is amongst one of the earliest jurisdictions to criminalize private sector corruption. The
ICAC places equal emphasis on public and private sector corruption. The rationale is that there should not
be double standards in society. Private sector corruption can cause as much damage to society, if not more sothan public sector corruption. Serious corruption in financial institutions can cause market instability;
corruption in the construction sector can result in dangerous structures. Effective enforcement against
private sector corruption can be seen as a safeguard for foreign investment and ensures Hong Kong
maintains a level playing field in its business environment.
J. Partnership Approach
You cannot rely on one single agency to fight corruption. Every one in the community and every
institution has a role to play. The ICAC adopts a partnership approach to mobilize all sectors to fightcorruption together. The key strategic partners of ICAC include:
1.
2.
3.
4.
5.
6.
7.
8.

Civil Service Commission
All government departments
Business community
Professional bodies
Civic societies & community organizations
Educational institutions
Mass media
International networking

K. Top political Will, Independence and Adequate Resources
In Hong Kong, there is clearly a top political will to eradicate corruption, which enables the ICAC to be atruly independent agency. The ICAC is directly responsible to the very top, the Chief Executive of HongKong. This ensures that the ICAC is free from any interference in conducting their investigations. The
strong political support was translated into financial support. The ICAC is probably one of the mostexpensive anti-corruption agencies in the world! In 2002, its annual budget amounted to US$90M, about
US$15 per capita. You may wish to multiply this figure with your own country’s population and work out the200

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anti-corruption budget that needs to be given to the equivalent of Hong Kong’s! However, looking at the
ICAC budget from another angle – it represents only 0.3% of the entire Government budget or 0.05% ofHong Kong Gross Domestic Product (GDP). I think you will agree that such a small “premium” is a mostworthwhile investment for a clean society.

IV. CONCLUSION
There is no single solution in fighting corruption. Every country has to examine its unique circumstancesand come up with a comprehensive strategy, which should embrace the three pronged approach deterrence, prevention and education. Ideally there should be a dedicated and independent anti-corruption
agency tasked to co-ordinate and implement such strategy, and to mobilize support from the community.
The Hong Kong experience offers hope to countries which have a serious corruption problem whichappears to be insurmountable. Hong Kong’s experience proved that given a top political will, a dedicatedanti-corruption agency and a correct strategy, even the most corrupt place like Hong Kong can betransformed into a clean society.

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INTRODUCTION TO THE NEW SOUTH WALESINDEPENDENT COMMISSION AGAINST CORRUPTION
By John Pritchard*

I. INTRODUCTION
The New South Wales (NSW) Independent Commission Against Corruption is a statutory bodyestablished by the Independent Commission Against Corruption Act 1988 (“the Act” or “the ICAC Act”) by
the NSW (State) Parliament.
It is not a national body and its jurisdiction is limited to the state of New South Wales, the largest state in
the Commonwealth of Australia.
There are similar bodies in the states of Western Australia (the Corruption and Crime Commission) andQueensland (the Crime and Misconduct Commission).
In NSW there is also a Crime Commission, an Ombudsman and a Police Integrity Commission, all ofwhich have separate jurisdiction over varying aspects of misconduct, criminal conduct and corruption.
The Commission is headed by a Commissioner who is appointed for a term not exceeding five years andwhich cannot be renewed. The ICAC Act also provides for the appointment of Assistant Commissioners (ofwhich the writer is one) who assist the Commissioner in the exercise of the Commission’s powers and theoverall management of the organization. Assistant Commissioners may also only be appointed for a nonrenewable period of up to five years. The Commissioner or an Assistant Commissioner presides at hearingsof the Commission.
To be eligible for appointment as a Commissioner or Assistant Commissioner, a persons must be
admitted as a barrister and/or solicitor and be eligible for appointment as a Judge of the NSW Supreme Courtor the Federal or High Court of Australia.

II. THE ESTABLISHMENT OF THE ICAC
The comments made in the Second Reading speech of the Independent Commission Against Corruption
Bill in May 1988 by the Hon. Nick Greiner, MP, the then NSW Premier, Treasurer and Minister for Ethnic
Affairs, describes the background leading to the establishment of the Commission:

There was a general perception that people in high office in this State were susceptible to impropriety
and corruption. In some cases that has been shown to be true.
In recent years, in New South Wales we have seen: a Minister of the Crown gaoled for bribery; an
inquiry into a second, and indeed a third, former Minister for alleged corruption; the former Chief
Stipendiary Magistrate gaoled for perverting the course of justice; a former Commissioner of Police inthe courts on a criminal charge; the former Deputy Commissioner of Police charged with bribery; aseries of investigations and court cases involving judicial figures including a High Court Judge; and a
disturbing number of dismissals, retirements and convictions of senior police officers for offences
involving corrupt conduct.1* Deputy Commissioner, Independent Commission Against Corruption Sydney, Australia.
1 Hansard, 26 May 1988 (Volume 507, pp. 672-678).

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As spelled out in the Second Reading speech, the major points or strategies underlining theestablishment of the Commission were as follows:•

Restoring the integrity and accountability of public administration through:reform of practices and procedures for awarding government contracts
reform and clarification of the criminal law in relation to corruption, graft and perverting thecourse of justicereview of codes of conduct operating across the public sector.

•

Establishing a body charged with the responsibility not just to investigate public corruption but also
the very specific purpose of preventing corruption and enhancing integrity in the public sector.

•

Giving to it an extensive jurisdiction that applies across the entire ambit of the public sector
including Ministers, Members of Parliament, the judiciary, all holders of public offices and all
employees of departments and authorities, local government members and employees.

•

Establishing a body truly independent from the Executive, with the discretion to decide what it will
investigate and how it will be investigated, subject only to being required to investigate mattersreferred to it by both Houses of Parliament.

•

Acknowledging the secretive nature of corruption and the associated difficulty in detecting it, the Act
would vest the Commission with very formidable powers akin to the coercive powers of a Royal
Commission.

•

Obliging and empowering the Commission to make definite findings about persons directly andsubstantially involved in allegations of corrupt conduct and not simply to allow such persons’
reputations to be impugned publicly by allegations without coming to some definite conclusions.

Having enunciated these underlying principles or objectives, Mr Greiner commented:

The bottom line is simply this; the people of this State are fed up with half hearted and cosmetic
approaches to preventing public sector corruption. This legislation will establish an institution that has
strong and effective powers and has jurisdiction to look at the entire public sector. That is what thepeople expect. It is our responsibility to ensure that that expectation is met and not disappointed.2
It is also clear that Mr Greiner saw the Commission as having a continued existence beyond responding
to the immediate public sector integrity problems of the late 1980s:

Indeed, in the long term I would expect its primary role to become more and more one of advising
departments and authorities on strategies, practices and procedures to enhance administrative integrity.
In preventing corruption in the long term, the educative and consultancy functions of the commission will
be far more important than its investigatory functions.
Although the then Premier envisioned the primary role of the Commission would over time become thatof corruption prevention, it is clear from the experience of the Commission that the investigation andprevention roles are mutually complementary functions, both of which are needed for an anti-corruption
organisation to effectively meet the responsibility of monitoring and improving integrity in the public sector
and to deal effectively with an ever-changing public sector landscape.
Following assent given to the Independent Commission Against Corruption Act 1988 (“the Act”) on 6
July 1988, the Commission commenced operations with a public sitting on 13 March 1989.

A. Fifteen Years of Operation of the ICAC
Since commencement the Commission has received over 25,000 complaints or reports. It is relevant
here to note that in its first year of operation the Commission reported receiving 1,091 complaints while in
2 Hansard ibid.

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the last financial year (2003-2004) the Commission received 1,884 complaints or reports relating tocorruption. It is clear that there continues to be a demand for the investigative, corruption prevention andeducation functions of the Commission.
To date the Commission has:3• published over 90 formal investigation reports• made over 800 corruption prevention recommendations4 in Commission publications, the majority ofwhich have been implemented5• held over 2,000 days of hearings• published over 60 corruption prevention reports and resources• published over 25 research reports• provided formal corruption prevention advice in response to over 3,000 requests• delivered over 1,000 training sessions and public presentations.
In addition to the above, Commission investigations which have exposed corrupt conduct by an individual
have been followed by their resignation – in terms of outcomes, removal of a corrupt public official frompublic office is an important outcome regardless of whether it is achieved through a disciplinary process orresignation.
Since the inception of the Commission, public administration in New South Wales has undergone
significant cultural change and improvement – this has been due in no small part to the efforts and successesof the Commission.
ICAC research has also shown that wide ranges of public sector organisations have adopted corruption
prevention strategies and the implementation of these types of strategies across organisations continues toincrease. Similarly the broader community see a continuing role for the Commission.

B. The ICAC Today
The Commission currently has a budget of $16.45 million and employs approximately 118 staff.6 The
organisational structure is based on the principal functions of the Act and is comprised of five sections:• Strategic Operations Division• Corruption Prevention, Education and Research Division• Legal Division• Corporate Services Division• Assessments
The operational areas comprise staff from a wide range of professions and disciplines including criminal
investigators, intelligence and financial analysts, research and policy officers, forensic accountants andlawyers.
The jurisdiction of the Commission extends to over 130 public sector organisations, employing over
300,000 people across the State. This is approximately 12 per cent of the entire NSW labour force.7 In
addition, the Commission has jurisdiction over some 159 NSW Councils, comprising approximately 1,800
Councillors and more than 40,000 employees8, as well as NSW-based universities and NSW Boards andCommittees.9

3 These figures are approximate only. Data sources are annual reports (including unpublished data for the 2003-2004 period),internal figures for the period 1 July 2004 to 16 August 2004, and the ICAC Publication List.
4 Corruption prevention recommendations range from those concerning changes to legislation to those concerning the internal

policies and procedures of an organisation.
5 Recommendation for corruption prevention action - RECOS (ICAC website).
6 NSW Budget Estimates 2004-05, Budget Paper No. 3 - Volume 1 Page 2-61. Budget is for 2004-2005. Staff number

represents the estimated average full time equivalent staff for 2004-05.
7 Source: NSW Premiers Department – Public Employment Office. Site visited 16 August 2004.

http://www.premiers.nsw.gov.au/WorkAndBusiness/WorkingForGovernment/.
8 Source: Local Government and Shires Association. Site visited 16 August 2004. http://www.lgsa.org.au/site/councils.html.
9 There are 10 universities within the ICAC jurisdiction and it is estimated there are over 1000 NSW boards and committees.

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Major investigations conducted by the Commission have revealed extensive and systemic corrupt
conduct resulting in corrupt conduct findings against a number of different individuals, recommendations forconsideration of prosecution action arising from those findings and recommendations for changes tolegislation and improvements to corruption prevention and risk management systems, policies andprocedures.
The functions of investigation and public reporting play an important role in corruption prevention andeducation. While these functions are often referred to in the context of the Commission “exposing” corrupt
conduct, this term is not used in the ICAC Act. The focus of the Commission’s investigative and reporting
work is broader than simply the exposure of corrupt conduct and corrupt individuals.
The duality of functions to “expose” corruption continues today to be an important element as problemsof corruption and serious systemic issues continually emerge. Most recently, the Commission has heard in
public hearings evidence to suggest systemic and possible widespread problems in the area of building
licensing. Another soon to be released report will highlight the systemic issues in the production of false
trade and vocational qualifications and fraudulent documents. In both cases the Commission will have asignificant corruption prevention response.
As an integral part of investigating and reporting on specific instances of corrupt conduct, theCommission investigates and reports on any systems deficiencies that may have provided opportunities forthe corrupt conduct to occur. The Commission makes detailed recommendations to the relevant public
sector organisations to help them redress these deficiencies. The Commission also seeks to analyse andemphasise the impact of corrupt conduct upon public sector systems.
A clear example is the Commission’s recent (June 2004) report on investigation into the fraudulent issueof competency and safety certification in the NSW construction industry. In investigating and reporting on
the corrupt conduct of a number of accredited assessors, the Commission also analysed and emphasised thesystems weaknesses that related to the actual conduct, and analysed the potential impact of the conduct on
public safety, including the potential for holders of fraudulent safety and competency certification to work
interstate under national accreditation arrangements.
Outside of investigations, the Commission undertakes other significant corruption prevention andeducation work, recent examples include:•

The delivery of a state-wide train-the-trainer programme for dealing with conflicts of interest in
Local Government.

•

A campaign to raise awareness of corruption issues in Non-English Speaking Backgroundcommunities.

•

The release of a number of publications including:
Developing a statement of business ethics.
Providing advice on corruption issues: A guide for Members of NSW Parliament.
Providing advice on corruption issues: A guide for NSW Government Councillors.
Fact-Finder. A 20-step guide to conducting an inquiry in your organisation.
Regulation of secondary employment for Members of the NSW Legislative Assembly:
Report to the Speaker of the Legislative Assembly.

The increasing trend for Governments to outsource and contract important public functions and vital
infrastructure has opened up different and challenging issues calling for the attention of the Commission.
Similarly, continual changes to systems of administration, restructuring of government infrastructure andtrends toward greater reliance on information technology systems creates new corruption risks that require
identification and attention.
One important issue to note is that the jurisdiction of the Commission does not cover sworn police
officers of the NSW Police Service. In 1996, following the Royal Commission into the NSW Police, the Police
Integrity Commission (“the PIC”) was established.

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Under its Act the PIC is now responsible for dealing with complaints of misconduct and corrupt conduct
involving sworn officers of the NSW Police. The definition of “public official” under the ICAC Act howeverstill includes “police officer” and the corruption prevention and education function for the NSW Police still
remains with the Commission. The Commission also retains responsibility for investigating corrupt conduct
concerning civilian employees of the NSW Police.

C. Functions of the ICAC
The principal functions of the Commission are set out under section 13 of the Act and can be summarised
as follows:•

To investigate allegations of corrupt conduct and where appropriate report the results of thoseinvestigations.

•

To provide advice and assistance to the public sector on preventing and eliminating corrupt conduct
and to do so in co-operation with public authorities and public officials.

•

To advise and educate the public sector and the community at large on strategies to eliminate andprevent corrupt conduct and to generally enlist and foster public support in the task of doing so.

The “other functions” set out in section 14 of the Act include assembling evidence that may be
admissible in subsequent criminal proceedings, furnishing this evidence to the Director of Public
Prosecutions and providing other evidence or information as appropriate to other authorities.

III. MEASURING THE ICAC’S EFFECTIVENESS
For agencies like the ICAC it is sometimes suggested that the success of its activities may be measured
by the success of prosecutions arising from its investigations.
Advocating the use of conviction rates to measure the overall effectiveness of the Commission inachieving its objectives or functions demonstrates a failure to understand that the Commission is first andforemost a fact–finding and investigative body. This fails to understand the synergy between the functions ofinvestigation, prevention and education in respect to corrupt conduct and that these functions are
inextricably linked.
In noting the importance of this duality of objectives, Mr Greiner in his Second Reading Speechcommented as follows:

Honourable members will note that the Commission is given specific functions to educate and advise
public authorities and to co-operate with the Auditor General … and similar bodies. For these sorts ofreasons it would be crass and naive to measure the success of the … Commission by how many
convictions it gets or how much corruption it uncovers. The simple fact is that the measure of its successwill be enhancement of integrity and most importantly of community confidence in public administrationin this State.10
While it is impossible to quantitatively measure the extent to which integrity in public administration in
New South Wales has been enhanced or to measure the prevalence of corruption, it is possible to commenton some indirect measures relating to implementation of key corruption prevention policies and procedureswith New South Wales public sector organisations. Comment can also be made on community perception
about corruption in NSW.

A. Implementation of Corruption Resistance Strategies and Corruption Prevention Recommendations
In late 2001, the Commission commenced a major research project to develop a snapshot of corruptionrelated issues facing the diverse NSW public sector. The subsequent report published in January 2003
showed a generally healthy picture of the NSW public sector’s current identification and management ofcorruption risks – among the positive findings, it was particularly significant that a wide range of public
10 Hansard ibid.

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sector organisations had, or were in the process of, implementing a range of corruption resistance strategies
that have been promoted by the Commission.
In 2004 the Commission commenced further research to follow up on its findings in the January 2003
report. Preliminary unpublished results indicate that since publication of the report:11
•
•
•
•
•
•

implementation of a Code of Conduct had increased from 82% to 93%, with an additional 1% oforganisations in the process of implementation
implementation of a Risk Management Strategy had increased from 56% to 66%, with an additional
12% of organisations in the process of implementation
implementation of an Internal Audit Plan had increased from 78% to 88%
implementation of an Internal Auditor had increased from 72% to 86%, with an additional 1% oforganisations in the process of implementation
implementation of a Gifts and Benefits Policy had increased from 69% to 83%, with an additional 3%of organisations in the process of implementation
implementation of an internal investigation system had increased from 82% to 93%, with anadditional 4% of organisations in the process of implementation.

The Commission has also sought to follow up on the corruption prevention recommendations made in
ICAC investigation reports. A review of the information available indicates the majority of recommendations
have been implemented in some form by the public sector organisations concerned.12

B. Public Perceptions of Corruption and the ICAC
Since 1993, the Commission has conducted a series of surveys of the NSW community to ascertain
perceptions of corruption and its effects. It is relevant to note that in 1993 92% of respondents thought
corruption to be a problem in NSW as opposed to 82% in 2003 – it is very difficult to change public
perception on such issues, so this decrease is very positive. Another important element is the proportion of
respondents who perceived corruption to be a “major” problem in NSW versus a “minor” problem in NSW.
As the following table demonstrates, while there is still concern about corruption in NSW there has been ashift in the perception of how serious that problem is.
Date

Major Problem

Minor Problem

Total

1993

55%

37%

92%

2003

31%

51%

82%

Source: Community attitudes to corruption and the ICAC (December 2003).

The public perception that “the ICAC is a good thing for the people of NSW” has remained stable overtime (93% in 1993 and 94% in 2003). The public perception is that the ICAC has also succeeded in exposing
corruption in NSW (80% in 1993 and 74% in 2003). Similarly, the public perception of the Commission’s
success in reducing corruption has also remained stable (53% in 1993 and 55% in 2003).

C. ICAC Recommendations for Consideration of Prosecution
The above two sections highlight the achievements of the ICAC in the context of prevention and public
perception. This is not to ignore however the prosecution action resulting from ICAC investigations, but torecognise that prosecution is not a principal function of the Commission under the Act – nor should it be.
Section 14(1)(a) of the Act provides as one of the “other functions” of the Commission to assemble briefs

11 Preliminary unpublished data, August 2004. The recent example does not include boards or committees or Local

Government organisations.
12 Recommendation for corruption prevention action - RECOS (ICAC website).

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of evidence that may be admissible in the prosecution of a person for an offence in connection with corrupt
conduct and to provide that evidence to the Director of Public Prosecutions (“the DPP”). This complements
the function of the Commission to form opinions as to whether consideration should be given to, amongst
other things, prosecution action against particular persons. Further, when preparing investigation reports
under section 74A of the Act, in respect of “affected” persons,13 the report must include a statement as towhether or not in all the circumstances the Commission is of the opinion that consideration should be given
to the prosecution of the persons for a specified criminal offence.
These provisions emphasise the role that the Commission plays in the prosecution process relating tocorrupt conduct – to recommend consideration of prosecution action by the independent body charged withthe statutory duty of making that decision and conducting those proceedings, being the DPP.

IV. PRINCIPAL FUNCTIONS - SECTION 13 ICAC ACT
Section 13 of the Act sets out the principal functions of the Commission:

13. Principal functions(1) The principal functions of the Commission are as follows:(a) to investigate any allegation or complaint that, or any circumstances which in the Commission’s
opinion imply that:(i) corrupt conduct, or(ii) conduct liable to allow, encourage or cause the occurrence of corrupt
conduct, or(iii) conduct connected with corrupt conduct,
may have occurred, may be occurring or may be about to occur,(b) to investigate any matter referred to the Commission by both Houses of Parliament,(c) to communicate to appropriate authorities the results of its investigations,(d) to examine the laws governing, and the practices and procedures of, public authorities andpublic officials, in order to facilitate the discovery of corrupt conduct and to secure the revisionof methods of work or procedures which, in the opinion of he Commission, may be conducive tocorrupt conduct,(e) to instruct, advise and assist any public authority, public official or other person (on the requestof the authority, official or person) on ways in which corrupt conduct may be eliminated,(f) to advise public authorities or public officials of changes in practices or procedures compatible
with the effective exercise of their functions which the Commission thinks necessary to reduce
the likelihood of the occurrence of corrupt conduct,(g) to co-operate with public authorities and public officials in reviewing laws, practices andprocedures with a view to reducing the likelihood of the occurrence of corrupt conduct,(h) to educate and advise public authorities, public officials and the community on strategies tocombat corrupt conduct,(i) to educate and disseminate information to the public on the detrimental effects of corrupt
conduct and on the importance of maintaining the integrity of public administration,(j) to enlist and foster public support in combating corrupt conduct,(k) to develop, arrange, supervise, participate in or conduct such educational or advisory

13 As defined in section 74A(3).

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programmes as may be described in a reference made to the Commission by both Houses ofParliament.
(2) The Commission is to conduct its investigations with a view to determining:(a) whether any corrupt conduct, or any other conduct referred to in subsection (1) (a), has
occurred, is occurring or is about to occur, and(b) whether any laws governing any public authority or public official need to be changed for the
purpose of reducing the likelihood of the occurrence of corrupt conduct, and(c) whether any methods of work, practices or procedures of any public authority or public official
did or could allow, encourage or cause the occurrence of corrupt conduct.
(3) The principal functions of the Commission also include:(a) the power to make findings and form opinions, on the basis of the results of its investigations, inrespect of any conduct, circumstances or events with which its investigations are concerned,
whether or not the findings or opinions relate to corrupt conduct, and(b) the power to formulate recommendations for the taking of action that the Commission considers
should be taken in relation to its findings or opinions or the results of its investigations.
(4) The Commission is not to make a finding, form an opinion or formulate a recommendation which
section 74B (Report not to include findings, etc. of guilt or recommending prosecution) prevents theCommission from including in a report, but this section is the only restriction imposed by this Act on
the Commission’s powers under subsection (3).
(5) The following are examples of the findings and opinions permissible under subsection (3) but do notlimit the Commission’s power to make findings and form opinions:(a) findings that particular persons have engaged, are engaged or are about to engage in corrupt
conduct,(b) opinions as to whether consideration should or should not be given to the prosecution or thetaking of other action against particular persons,(c) findings of fact.
These principal functions (or objectives) as set out above are valid and appropriate for an anti-corruption
agency - that is to investigate, prevent and educate. The Commission was created because of a need torespond to issues of public concern that could not be dealt with through traditional law enforcement/criminal
investigation and criminal courts processes – to suggest that the primary objectives or functions of theCommission should align to such processes would defeat the very purpose for which the Commission wasestablished.
It is the balance of investigating, examining laws, work practices and procedures of public authorities andpublic officials and exposure that enable the Commission to operate so effectively. Since the commencementof the Commission there is now general acceptance, both at a community level and by other investigativeand complaint handling agencies, that the Commission through the experience, knowledge and expertisethat it has accumulated on the subject, is the premier or lead agency ideally placed to deal with allegations ofpublic sector–related corruption, in terms of investigation and corruption prevention and education,
regardless of whether the alleged conduct could amount to a criminal offence.
The ever-increasing numbers of complaints of corruption and requests for corruption prevention advice
and training that the Commission receives suggests that the Commission is considered the lead agency for
dealing with allegations and issues of corruption or other misconduct within the public sector. It would befair to say that the Commission has successfully created a branding that associates its name with these209

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functions in the public mind. Reinforcing the importance of the branding associated with the “ICAC” are theresults of the most recent Community Attitude Survey. Most respondents (88%) were able to recognise the“ICAC” name when they heard it. In addition, most respondents recognised the ICAC to be independent of
the government of the day and to also have jurisdiction in respect of corruption in local government andMembers of Parliament.14
The Commission also provides information and assistance to counterpart bodies interstate and overseas,
as well as providing input to the development of transnational legal instruments such as the UN Convention
against Corruption. The level and frequency of requests for information, advice and collaboration that theCommission receives testifies to the Commission’s profile and reputation as a lead anti-corruption agency.
Directly linked with the principal function of investigating allegations of corrupt conduct is theCommission’s function to make findings or reach conclusions about the truth or otherwise of the allegations
that are referred to it as provided for in section 13(3) of the Act.
The complementary nature of the functions to investigate allegations and reach conclusions on thoseallegations was highlighted during the Second Reading speech on the Bill. In the course of that speech Mr.
Greiner noted the importance of empowering a fact-finding agency such as the Commission to make definite
findings about persons directly and substantially involved in allegations of corrupt conduct and not simply toallow such persons’ reputations to be impugned publicly by allegations without coming to some definite
conclusions.15
The efforts of the Commission in dealing with specific allegations of corruption through a dual process ofinvestigation and corruption prevention, however, has been balanced against the other principal functions ofproviding advice and assistance more generally on corruption prevention and education/community
awareness outside of investigations. In this respect, as the PJC has recently noted, the Commission is
widely respected for its role and activity in corruption prevention by building corruption resistance in the
New South Wales public sector.16
The Commission’s proactive corruption prevention and education functions, that is those which are notinitiated as part of the Commission’s response to specific corruption allegations, are based on informationand intelligence drawn from a range of sources. These sources include complaints and reporting data,
information acquired during investigations and enquiries, research activity and other intelligence
information.
The effective discharge of all the Commission’s principal functions relies on the fact that relevant
information and activities are housed together in the one organization – this ensures the resources that areavailable for proactive prevention and education work are strategically directed toward the most significant
and current corruption issues.

V. OTHER FUNCTIONS OF THE COMMISSION - SECTION 14 ICAC ACT
Section 14 sets out the “other” or secondary functions of the Commission.

14. Other functions of the Commission(1) Other functions of the Commission are as follows:(a) to assemble evidence that may be admissible in the prosecution of a person for a criminal
offence against a law of the State in connection with corrupt conduct and to furnish any such
evidence to the Director of Public Prosecutions,

14 ICAC, Community Attitudes to Corruption and the ICAC. December 2003.
15 Hansard, 26 May 1988 (Volume 507, pp. 672-678).
16 PJC Report No 1/53 May 2004 – at paragraph 3.10.

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be admissible in the prosecution of a person for a criminal offence against a law of another State,
the Commonwealth or a Territory) to the Attorney General or to the appropriate authority of
the jurisdiction concerned.
(1A) Evidence of the kind referred to in subsection (1) (b) may be accompanied by any observations that
the Commission considers appropriate and (in the case of evidence furnished to the Attorney
General) recommendations as to what action the Commission considers should be taken in relation
to the evidence.
(1B) A copy or detailed description of any evidence furnished to the appropriate authority of anotherjurisdiction, together with a copy of any accompanying observations, is to be furnished to the
Attorney General.
(2) If the Commission obtains any information in the course of its investigations relating to the exerciseof the functions of a public authority, the Commission may, if it considers it desirable to do so:(a) furnish the information or a report on the information to the authority or to the Minister for theauthority, and(b) make to the authority or the Minister for the authority such recommendations (if any) relating
to the exercise of the functions of the authority as the Commission considers appropriate.
(2A) A copy of any information or report furnished to a public authority under subsection (2), together
with a copy of any such recommendation, is to be furnished to the Minister for the authority.
(3) If the Commission furnishes any evidence or information to a person under this section on theunderstanding that the information is confidential, the person is subject to the secrecy provisions ofsection 111 in relation to the information.
These “other” functions of the Commission are secondary to the principal functions set out in section 13of the Act. These functions permit the Commission to provide information to other bodies or agencies that is
appropriate to the broader landscape of law enforcement, public sector accountability and criminal
prosecution.
The Commission has the power to compel witnesses to answer questions when summoned to appear
before the Commission, regardless of whether the answers will tend to incriminate the witness, on the basisthat in doing so, their answers are not admissible against them in any later civil or criminal proceedings17 this reflects the primacy of the Commission’s fact–finding function compared to other functions, as set out in
the Act.
The Commission’s ability to assemble admissible evidence in support of prosecution action would begreater if evidence it received under compulsion such as answers to questions or documents produced
during hearings was admissible in subsequent criminal proceedings. However, long-established andfundamental principles of the criminal justice system, particularly the privilege against self–incriminationand the requirement that admissions and confessions be made voluntarily, would have to be set aside inorder to allow the admissibility of such evidence.
Section 17 of the Act also provides that the Commission is not bound by the rules or practice of evidence
and can inform itself on any matter in such manner as it consider appropriate. This section also reflects therole of the Commission as a fact–finding body and assists in avoiding unnecessary formalism in the manner itgoes about this task especially during the conduct of its hearings.
The Commission is like any other investigative agency that collects information or evidence with a view

17 Section 37 of the Act.

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to supporting prosecution action. The Commission also has available to it other extensive means forcollecting admissible evidence in later prosecution proceedings such as powers under the Listening Devices
Act 1984 (NSW), the Telecommunications (Interception) Act 1979 (Cth) and search warrant powers underthe ICAC Act.

VI. PUBLIC INTEREST TO BE PARAMOUNT - SECTION 12 ICAC ACT
Section 12 of the Act states:

In exercising its functions, the Commission shall regard the protection of the public interest and theprevention of breaches of public trust as its paramount concerns.

VII. DEFINITION OF CORRUPT CONDUCT – SECTIONS 8 AND 9 ICAC ACT
The definition of corrupt conduct is provided for in sections 8 and 9 of the Act.
The definition is very broad and covers a wide range of conduct not necessarily amounting to criminal
conduct.
Section 8(1) provides a follows;

8. General nature of corrupt conduct(1) Corrupt conduct is:(a) any conduct of any person (whether or not a public official) that adversely affects, or that could
adversely affect, either directly or indirectly, the honest or impartial exercise of official functions
by any public official, any group or body of public officials or any public authority, or(b) any conduct of a public official that constitutes or involves the dishonest or partial exercise of
any of his or her official functions, or(c) any conduct of a public official or former public official that constitutes or involves a breach of
public trust, or(d) any conduct of a public official or former public official that involves the misuse of information ormaterial that he or she has acquired in the course of his or her official functions, whether or notfor his or her benefit or for the benefit of any other person.
(2) Corrupt conduct is also any conduct of any person (whether or not a public official) that adversely
affects, or that could adversely affect, either directly or indirectly, the exercise of official functions by
any public official, any group or body of public officials or any public authority and which could
involve any of the following matters:(a) official misconduct (including breach of trust, fraud in office, nonfeasance, misfeasance,
malfeasance, oppression, extortion or imposition),(b) bribery,(c) blackmail,(d) obtaining or offering secret commissions,(e) fraud,(f) theft,(g) perverting the course of justice,(h) embezzlement,(i) election bribery,(j) election funding offences,(k) election fraud,(l) treating,(m) tax evasion,(n) revenue evasion,(o) currency violations,(p) illegal drug dealings,(q) illegal gambling,212

SEVENTH COURSE ON CORRUPTION CONTROL IN CRIMINAL JUSTICEVISITING EXPERTS(r) obtaining financial benefit by vice engaged in by others,(s) bankruptcy and company violations,(t) harbouring criminals,(u) forgery,(v) treason or other offences against the Sovereign,(w) homicide or violence,(x) matters of the same or a similar nature to any listed above,(y) any conspiracy or attempt in relation to any of the above.
The second limb - or test of seriousness - of the definition is provided for in section 9 of the Act. It
provides a follows:

9. Limitation on nature of corrupt conduct(1) Despite section 8, conduct does not amount to corrupt conduct unless it could constitute or involve:(a) a criminal offence, or(b) a disciplinary offence, or(c) reasonable grounds for dismissing, dispensing with the services of or otherwise terminating theservices of a public official, or(d) in the case of conduct of a Minister of the Crown or a member of a House of Parliament---a
substantial breach of an applicable code of conduct.
(2) It does not matter that proceedings or action for such an offence can no longer be brought orcontinued, or that action for such dismissal, dispensing or other termination can no longer be taken.
(3) For the purposes of this section:“applicable code of conduct” means, in relation to:(a) a Minister of the Crown---a ministerial code of conduct prescribed or adopted for the purposesof this section by the regulations, or(b) a member of the Legislative Council or of the Legislative Assembly (including a Minister of the
Crown)---a code of conduct adopted for the purposes of this section by resolution of the House
concerned.
“criminal offence” means a criminal offence under the law of the State or under any other law
relevant to the conduct in question.
“disciplinary offence” includes any misconduct, irregularity, neglect of duty, breach of disciplineor other matter that constitutes or may constitute grounds for disciplinary action under any law.
The key concepts behind this definition are honesty, impartiality and upholding the public trust. These
remain as relevant today as when the ICAC Act was first enacted.
The current definition of corrupt conduct is not limited to conduct that could constitute or involve a
criminal offence.
As recognised by those who drafted the original legislation, and those responsible for subsequent
amendments, notions of corrupt conduct are wider than the commission of a crime.
Whilst the commission of a crime, within the context of ss. 8 and 9 of the ICAC Act, continues to be an
important indicator of corrupt conduct, there is other conduct which, although not necessarily amounting tocriminal conduct, may, depending on the circumstances, nevertheless be widely regarded as no less corrupt.
For example, the intentional release of confidential tendering information by a public official to a privatecompany, which allows that company to gain an unfair advantage over its competitors, may not necessarily
constitute a criminal offence. Nevertheless, such conduct would likely involve a disciplinary offence orgrounds for termination of employment and would be regarded by ordinary members of the community as
being corrupt. It is certainly the type of conduct that the Commission should have jurisdiction to investigate
and determine.

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A. Capacity to Make Corrupt Conduct Findings
Under section 13 of the Act as set out above, the Commission is specifically empowered to make findingsof corrupt conduct.
The ability to make findings of corrupt conduct is highly relevant to the Commission’s deterrent andeducative roles.
The ability to make findings as to whether or not particular conduct is corrupt has become wellestablished in the public mind. Any removal or diminution of this power is likely to create public unease.
Furthermore, the seriousness of the conduct in question, and the effect of that conduct, cannot be
determined exclusively by reference to whether or not it may, in all the circumstances, constitute a criminal
offence.
It is often argued that the use of a two-track system may avoid criticism that the “stigma” of corrupt
conduct may be attached to individuals whose actions are relatively minor. What constitutes “minor”
conduct, in the context of corruption, is largely subjective. As demonstrated below the process adopted by
the Commission in considering whether a finding of corrupt conduct is available is unlikely to produce unjust
results or to be based on “minor” conduct. In any event it is not clear that labelling a person’s conduct as“official misconduct” etcetera would ultimately produce any less of a “stigma”.
Some of the concerns previously expressed about the ability of the Commission to make findings ofcorrupt conduct appear to arise out of a concern that conduct might be labelled as corrupt conduct where it“technically” comes within the definition, even though the person whose conduct is in question acted
innocently and without any corrupt intention. These concerns however do not reflect the reality of theprocess that the Commission must follow in order to form an opinion that corrupt conduct has occurred.

B. Findings of Fact and Findings of Corrupt Conduct
In accordance with the judgement of the NSW Court of Appeal, Mahoney JA in Greiner -v- ICAC (1992)
28NSWLR125 (in particular pages 155-158, 167-169), the process by which a determination of corrupt
conduct is made in a particular case involves three essential steps. First, findings need to be made as to thebasic facts. Secondly, there is a need to classify the factual matters in order to be able to determine whether
the conduct in question falls within one of the categories in s. 8(1) and/or s. 8(2) of the ICAC Act. The third
stage is to determine whether the conduct then satisfies s. 9 of the ICAC Act.
Findings of fact are only made after taking into account the totality of evidence before the Commission,and those affected by that evidence have been afforded an opportunity to respond to that evidence. Those
responses are part of the material considered in drawing conclusions as to the factual matters. In reachingsuch conclusions, the civil standard of proof is applied however, the degree of persuasion necessary toestablish findings on the balance of probabilities will vary according to seriousness of the issues involved(see Briginshaw –v- Briginshaw (1938) 60CLR336).
While often referred to as the civil standard of proof it is by no means an easy standard to meet. The
Commission recently expanded upon this standard and what it involved:

As has already been observed, the ICAC does not sit as a criminal or civil court. It does not determine
the rights of any person. Nevertheless, a finding of corrupt conduct against an individual is a serious
matter. It may affect the individual’s reputation. It is appropriate to observe that the standard of proof tobe applied by the ICAC in making findings of fact and findings of corrupt conduct is the civil standard,
proof on the balance of probabilities, being qualified having regard to the gravity of the questions to be
determined. The test has been said to be whether the issue has been proved to the reasonablesatisfaction of the Tribunal, such satisfaction not being produced by inexact proofs, indefinite testimony
or indirect inferences: Briginshaw -v- Briginshaw (1938) 60 CLR 336 at 362; Rejfek -v- McElroy (1965)
112 CLR 517 at 521. Before an adverse finding of fact is made or a finding of corrupt conduct is reached,
the ICAC should be comfortably satisfied on the balance of probabilities that the finding should be made:214

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Bannister -v- Walton (1993) 30 NSWLR 699 and 711-712 (at p13)18.
Findings of fact are only made after taking into the account the seriousness of the issues and the degreeof persuasion required to reach such conclusions.
Partiality and the exercise of official functions is potentially a broad concept. A decision which favours aperson may be regarded as “partial” but should not come within s.8(1) simply because it is “wrong” inadministrative law terms, or negligent in a civil law sense. In considering s.8, the Commission takes into
account the state of mind of each person whose conduct is in question.
The Commission considers whether there was an actual or imputed appreciation that what was being
done was, in the context in which it was done, carried out for a reason that is unacceptable (see Mahoney JA
at 162 in Greiner). This does not, however, mean that simply because a person does not at the relevant time
believe that his or her conduct is corrupt, the Commission is precluded from making an adverse finding (seeGleeson CJ at 140 in Greiner). Apart from dishonest conduct, conduct beyond negligence but not amounting
to dishonesty in the accepted meaning of that term, may be conduct within s.8(1) of the ICAC Act if, forexample, it amounts to a reckless disregard of indicators of dishonest or partial behaviour of others. Conflict
between an official’s duty and his personal interest is also significant. Emphasis was placed on this latteraspect by Gleeson CJ in Greiner.
Finally, it is necessary to consider s.9 of the ICAC Act. It is appropriate to apply the provisions of s.9 to
conduct found to be in s.8 in accordance with the approach of Priestley JA outlined in Greiner where by theword “could” was construed as meaning “would if proved”. In relation to s.9(1), the approach is to consider
whether, in the case of a criminal charge which would be tried before a jury, the facts found by theCommission would, if the jury were to accept them as proved beyond reasonable doubt, constitute theoffence charged. The approaches required in relation to s.9(1)(b), s.9 (1)(c) and s.9(d) are similar.
The above illustrates the seriousness and care with which the Commission approaches its capacity tomake findings of corrupt conduct.

VIII. JURISDICTION OF THE ICAC
The key definitions relating to the jurisdiction of the Commission under the ICAC Act are “public official”
and “public authority which are to be found in section 3 of the Act. They are defined as follows:“Public authority” includes the following:
(a)
(b)
(c)
(d)

a Government Department, Administrative Office or Teaching Service,a statutory body representing the Crown,a declared authority under the Public Service Act 1979,
a person or body in relation to whom or to whose functions an account is kept of administration or
working expenses, where the account:(i) is part of the accounts prepared under the Public Finance and Audit Act 1983, or(ii) is required by or under any Act to be audited by the Auditor-General, or(iii) is an account with respect to which the Auditor-General has powers under any law, or(iv) is an account with respect to which the Auditor-General may exercise powers under a law
relating to the audit of accounts if requested to do so by a Minister of the Crown,(e) a local government authority,(f) the Police Force,(g) a body, or the holder of an office, declared by the regulations to be a body or office within thisdefinition.

“Public official” means an individual having public official functions or acting in a public official capacity,and includes any of the following:

18 Report into conduct of the Hon. J Richard Face, (June 2004) at p 46.

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(a)
(b)
(c)
(d)
(e)

the Governor (whether or not acting with the advice of the Executive Council),a person appointed to an office by the Governor,a Minister of the Crown, a member of the Executive Council or a Parliamentary Secretary,a member of the Legislative Council or of the Legislative Assembly,
a person employed by the President of the Legislative Council or the Speaker of the Legislative
Assembly or both,(f) a judge, a magistrate or the holder of any other judicial office (whether exercising judicial, ministerial
or other functions),(g) an officer or temporary employee of the Public Service or a Teaching Service,(h) an individual who constitutes or is a member of a public authority,(i) a person in the service of the Crown or of a public authority,(j) an individual entitled to be reimbursed expenses, from a fund of which an account mentioned inparagraph (d) of the definition of “public authority” is kept, of attending meetings or carrying out thebusiness of any body constituted by an Act,(k) member of the Police Force,(k1) an accredited certifier within the meaning of the Environmental Planning and Assessment Act 1979,(l) the holder of an office declared by the regulations to be an office within this definition,(m) an employee of or any person otherwise engaged by or acting for or on behalf of, or in the place of, oras deputy or delegate of, a public authority or any person or body described in any of the foregoingparagraphs.

The Commission was established to investigate, prevent and educate in respect of corruption affecting
the NSW public sector. This role continues to remain relevant.
To fulfil this role the Commission was given jurisdiction not only over public officials and publicauthorities but also over others whose conduct could or does adversely affect either directly or indirectly thehonest or impartial exercise of official functions by a public official or public authority. It is important to itsrole that the Commission continue to have jurisdiction to examine the conduct of those who seek to corrupt
public officials or public authorities.

A. Government Businesses
As in other jurisdictions throughout the world a number of Government service providers have been
corporatised (e.g. electricity generators, water, rail services). In NSW the State Owned Corporations Act
1989 covers State owned corporations. Section 36(2) of that Act provides:
For the purposes of the Independent Commission Against Corruption Act 1988:(a) State owned corporations and their subsidiaries are public authorities, and(b) directors, officers and employees of State owned corporations or their subsidiaries are public
officials,
but s.23 of (the ICAC Act) does not apply in relation to a Company State Owned Corporation or any of its
subsidiaries or to persons who are public officials by virtue of their connection with a Company State
Owned Corporation or any of its subsidiaries.
Schedule 1 of the State Owned Corporations Act operates as a list of “Company State Owned
Corporations”. Presently, it does not appear that there are any such organisations.
The Auditor General also has certain powers in respect to State owned corporations (e.g. s.24 and s.24Aof the State Owned Corporations Act) which, irrespective of s.36, would bring State owned corporations
within the definition of “public authority” in s.3 of the ICAC Act.
Although set up as corporations, these organisations remain in public ownership and are accountable tothe public, through the State Government, for the way in which they exercise their functions and utilise
their resources. Whilst these organisations continue to be in public ownership it is appropriate that theCommission continue to have jurisdiction over them.

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B. Outsourced Government Functions
The current trend for contracting and tendering out Government services, and for privatising or
corporatising Government enterprises, raises general questions about the continuing accountability for
those services.
In considering the Commission’s jurisdiction over contracted–out Government services, care needs to betaken to ensure that there remains a nexus between the conduct being investigated and public official
functions. It is not, and should not be, the role of the Commission to investigate conduct in the private sector
where such conduct has no nexus with the exercise of public official functions.
In this context it is also important to note that the meaning of “public official functions” is changing.
Some services, which were traditionally seen as the province of Government are being or have been
completely privatised. The former State Bank of NSW is an example. Since its sale by the Government,
however, the State Bank ceased to be a public authority and accordingly, and appropriately, the Commission
no longer has jurisdiction.
In other cases, however, the position will be less clear. This is particularly the case where a Government
agency remains responsible for the provision of services to the public but elects to contract–out to theprivate sector the provision of those services. In these instances the provision of the services remains apublic function.
Corruption in the provision of such services is likely to undermine confidence in the public sector agency
responsible for the service, and may have a flow-on detrimental effect on the confidence of the community inthe processes of the public sector and Government as a whole. Given that public money is being paid toprivate sector organisations to provide public services, it is important that the State have a role inoverseeing how the money is utilised and ensuring that the appropriate corruption prevention andinvestigation mechanisms are in place. This argues strongly that the Commission should continue to have arole in this area.
Contracted–out services are likely to fall within the Commission’s current jurisdiction given thedefinition of “public official” in s.3 of the ICAC Act.
This definition includes an individual having public official functions or acting in a public official capacity
and includes “…an employee of or any person otherwise engaged by or acting for or on behalf of, or in placeof, or as deputy or delegate of, a public authority or any person or body described in any of the foregoingparagraphs”.
An example of this extended definition is instructive.
The Commission also recently examined the role of WorkCover NSW outsourced accredited assessors
responsible for assessing the competency of operators of certain heavy plant and equipment (Report on
Investigation into Safety Certification and Training in the NSW Construction Industry – June 2004).
Although not directly employed by WorkCover, these assessors were fulfilling WorkCover responsibilities
and accordingly the Commission found they were exercising “public official functions” within the meaning ofs.3(1) of the ICAC Act and undertook assessments on behalf of WorkCover within the meaning of s.3(1)(m)of the ICAC Act. The Commission was also satisfied that WorkCover accredited trainers are “public officials”
as they exercise public official functions and do work on behalf of WorkCover.

C. Members of Parliament
From the time of its inception the ICAC Act was intended to apply to Members of Parliament. The
definition of “public official” specifically includes Ministers and members of the Legislative Council andLegislative Assembly, being the two houses of the NSW Parliament. This inclusion is clearly in line with
community expectations that Members of Parliament be in the same position as other public officials for the
purpose of the Commission’s jurisdiction.
Section 9(3) of the Act provides that a substantial breach of the applicable code of conduct shall bring
Members of Parliament under the jurisdiction of the Commission for the purposes of section 9(1)(b).

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Sections 9(4) and (5) apply only to Members of Parliament.
The Commission has a unique relationship with the Parliament and its Members. The nature of thisrelationship was considered by the Commission in its Report on investigation into conduct of the Hon. J
Richard Face (June 2004). In that report Assistant Commissioner Johnson quoted (p.42) with approval thefollowing comments of the current Clerk of the Legislative Assembly;

The ICAC has a special relationship with the Parliament. In general terms the Parliament created the
ICAC to protect the public interest, prevent breaches of public trust and guide the conduct of public
officials. The legislation gives the ICAC significant powers and discretion to expose corruption throughinvestigations, to prevent corruption by giving advice and developing resistance to corrupt practices inpublic sector organisations, and to educate the public sector and the community about corruption and therole of the Commission. Viewed from one perspective, the ICAC Commissioner is one among a numberof public officials who assist the Parliament to carry out its role of scrutinising the executive and thereby
holding it accountable. Such officials are often referred to as ‘officers of Parliament’ as they perform thework that the House, if it wished, might perform. The ICAC reports to Parliament and there is oversightof its work by a parliamentary committee. On the other hand, under section 3 of the ICAC Act theCommission has jurisdiction over all Members of Parliament, their staffs and the staff of Parliament
generally. In respect to the Parliament therefore the ICAC plays a number of distinct roles, including anactive role in educating members of Parliament about their rights and obligations.19
It is appropriate that the Commission continue to be able to investigate allegations of corruption
involving Members of Parliament to help maintain public confidence in our political administration andsystem of government.

IX. POWERS OF THE ICAC
Under its Act, the Commission is entrusted with extensive and coercive powers. These powers are
essential to the Commission’s performance of its functions under the Act. In particular they also reflect thenature of the Commission’s role or function as a fact–finding body charged with getting to the truth ofallegations and complaints that are referred to it. As the Commission said in its Report on the Investigation
into North Coast Development (Volume 5): 20

The rules that apply in our courts, particularly in our criminal courts, are not designed to ferret out thetruth. They serve a different purpose. From time to time, matters arise which cause concern in thecommunity, and lead to a decision that other methods are necessary. It is felt that it is more important to
get to the truth, than simply to pursue offenders. Disclosure and control are the prime goals, rather thanconviction and punishment. The opportunity for conviction and punishment will not be lost, if what isrevealed can lead to criminal proceedings, within the constraints imposed by the system, and the need tomaintain scrupulous fairness in the prosecution and trial process. But they are not the main objective.
A number of matters disclosed in the course of this Inquiry, had been the subject of rumour for years.
Traditional methods of criminal investigation lacked the powers necessary to uncover them. That is why
it was appropriate for the Commission to undertake the investigation, with the special powers conferred
by Parliament for the control of corruption in the public sector. It is the same approach that leads, fromtime to time, to the establishment of Royal Commissions.
The objective was more limited. It was to disclose sufficient to enable corrupt practices, and practices
conducive to corruption, to be identified. That disclosure enables the problem to be met, not only bychanges to the law, as are recommended, but also by public awareness, which provides the opportunity
for public attitudes to be developed, and community expectations to be made clear to all in public life.

19 “Constitutional and Parliamentary Reform Issues in the Reform of Parliament” contained in Peace, Order and Good
Government: State Constitutional and Parliamentary Reform (edited by Macintyre and Williams), Wakefield Press, 2003, at
261-262.
20 1990, pp 35-36.

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Amongst other things, the Commission is empowered to:
•
•
•
•
•
•

compel public officials to produce a statement of information (section 21)
compel any person or agency to produce documents and other material (section 22)
enter the premises occupied by a public authority and inspect and copy documents (section 23)
conduct private and public hearings (section 30)
summon witnesses to appear before its hearings (section 35) andapply for and obtain search warrants (section 40).21

The Commission may also apply for listening devices under the Listening Devices Act 1984 and fortelephone intercepts under the Telecommunications (Interception) Act 1979.

A. Power to Obtain Information – Section 21 ICAC Act
Section 21 of the Act gives the Commission the power to require, by notice in writing, a public authority
or public official to produce a statement of information. Section 21 notices are often used to obtain details ofa person’s financial situation so that the Commission can prepare a financial profile. Public officials can writein the relevant information in answer to the questions in the notice. It is not necessary for them to provide
original documentation such as bank statements, receipts, etc. For persons who are not public officials, a
section 22 notice requiring the production of relevant original documentation can be issued, however thisrequires the recipient to locate and produce original documentation, thereby causing possible inconvenienceto the individual concerned.
B. Power to Enter Public Premises - Section 23 ICAC Act
Section 23 empowers the Commission to enter public premises, inspect documents and take copies of
those documents. It provides as follows:
23. Power to enter public premises(1) For the purposes of an investigation, the Commissioner or an officer of the Commission authorisedin writing by the Commissioner may, at any time:(a) enter and inspect any premises occupied or used by a public authority or public official in thatcapacity, and(b) inspect any document or other thing in or on the premises, and(a) take copies of any document in or on the premises.
(2) (Repealed)(3) The public authority or public official shall make available to the Commissioner or authorised officer
such facilities as are necessary to enable the powers conferred by this section to be exercised.
Section 23 is potentially a very useful power. This is especially so where the Commission wishes toobtain highly relevant documents and material quickly but unlike a search warrant, it does not require any
threshold of belief or suspicion to be satisfied about the existence of documents or material on the premises
before it may be issued. It also lends itself to be executed covertly where the Commission does not wish its
interest in a matter to be known. Unlike a section 22 notice it also allows the Commission to obtain the
documents or material directly through its own inspections without having to rely on the searches of a third
party.

C. Hearings - Division 3 ICAC Act
Under its Act the Commission has the power to conduct hearings. These hearings may be either in public
or private or both. In considering whether to hold hearings as part of an investigation the Commission isrequired to have regard to what it considers relevant to the public interest under section 31 of the Act. That
section provides as follows:

21 The power for the Commissioner to issue search warrants under section 40(4) of the Act has never been exercised.

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31. Public and private hearings(1) A hearing may be held in public or in private, or partly in public and partly in private, as decided by
the Commission.
(2) Without limiting the above, the Commission may decide to hear closing submissions in private. Thisextends to a closing submission by a person appearing before the Commission or by a legal
practitioner representing such a person, as well as to a closing submission by a legal practitioner
assisting the Commission as counsel.
(3) In reaching these decisions, the Commission is obliged to have regard to any matters which it
considers to be related to the public interest.
(4) The Commission may give directions as to the persons who may be present at a hearing when it isbeing held in private. A person must not be present at a hearing in contravention of any suchdirection.
Significantly, contrary to the position with the common law applicable to the criminal courts of Australia,
the Commission during its hearings can compel a person to answer questions and produce documents
notwithstanding that to do so may tend to incriminate them in the commission of a criminal offence; in effectthe privilege against self incrimination is overridden and a witness must answers questions and produce
documents regardless.
This is provided for by section 37 of the Act as follows:

37. Privilege as regards answers, documents, etc.
(1) A witness summoned to attend or appearing before the Commission at a hearing is not entitled torefuse:(a) to be sworn or to make an affirmation, or(b) to answer any question relevant to an investigation put to the witness by the Commissioner orother person presiding at a hearing, or(c) to produce any document or other thing in the witness’s custody or control which the witness isrequired by the summons or by the person presiding to produce.
(2) A witness summoned to attend or appearing before the Commission at a hearing is not excused fromanswering any question or producing any document or other thing on the ground that the answer or
production may incriminate or tend to incriminate the witness, or on any other ground of privilege,or on the ground of a duty of secrecy or other restriction on disclosure, or on any other ground.
(3) An answer made, or document or other thing produced, by a witness at a hearing before theCommission is not (except as otherwise provided in this section) admissible in evidence against theperson in any civil or criminal proceedings or in any disciplinary proceedings.
(4) Nothing in this section makes inadmissible:(a) any answer, document or other thing in proceedings for an offence against this Act or inproceedings for contempt under this Act, or(b) any answer, document or other thing in any civil or criminal proceedings or in any disciplinary
proceedings if the witness does not object to giving the answer or producing the document orother thing irrespective of the provisions of subsection (2), or(c) any document in any civil proceedings for or in respect of any right or liability conferred or
imposed by the document or other thing.
(5) Where:(a) a legal practitioner or other person is required to answer a question or produce a document orother thing at a hearing before the Commission, and(b) the answer to the question would disclose, or the document or other thing contains, a privileged
communication passing between a legal practitioner (in his or her capacity as a legal

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practitioner) and a person for the purpose of providing or receiving legal professional services inrelation to the appearance, or reasonably anticipated appearance, of a person at a hearing before
the Commission,
the legal practitioner or other person is entitled to refuse to comply with the requirement,
unless the privilege is waived by a person having authority to do so.
The qualification to this requirement is that any evidence given by the witness cannot be subsequently
used against them in any later criminal or civil proceedings.
A legal practitioner may be granted leave to appear on behalf of the witness who has been summonsed toappear before a hearing of the Commission.
The power to conduct hearings, particularly public hearings, has attracted considerable attention since
the Commission’s inception.
In particular, the decision whether to hold public hearings as part of an investigation is a significant one.
The Commission is well aware of the publicity and media attention that its public hearings attract and thepotential effects on the reputation of those appearing as witnesses before them. In this respect, when
conducting public hearings the Commission is obliged to observe the rules of natural justice. The
Commission’s obligation in this regard follows from the possibility that a hearing might result in an adverse
report and consequent harm to the reputation of persons against whom allegations are made.22
In determining whether to hold public hearings the Commission will have regard to such issues as:••••

the investigative purpose and value of hearings
their deterrent effecttheir educative value, particularly in addressing significant, widespread or systemic corruption
the accountability and transparency of the Commission in the conduct of its investigations.

In deciding to hold private hearings, the Commission may have regard to:••••

the need to define the issues to be further investigated
the integrity of the investigation, particularly the opportunity to test evidence to establish its
potential value to the investigation, and obtain evidence from a number of persons without them
being aware of evidence given by others
protection of reputations from unnecessary damage
potential impact on other investigations or proceedings.

In considering the role of public hearings for the Commission, it must be remembered that theCommission is not a judicial body. It is an investigative body, and hearings are conducted with that function inmind.
1. Public Versus Private Hearings
To assist in determining whether it is in the public interest to hold public hearings, the Commission has
regard to a list of possible considerations. These considerations include:•••

the integrity of the investigation (it may be prejudicial to the investigation to publicly divulge the fact
the Commission is conducting an investigation, to identify the witnesses or make known the extent
of evidence obtained)
protection of reputation from anticipated but untested or unverified evidence
whether information is being sought at a preliminary stage for the purposes of determining whether
further investigative effort is required. In this regard if it is ultimately decided not to proceed further
there is no requirement for the Commission to prepare a report in relation to the matter (see s.74(3)22 ICAC v. Chaffey (1993) 30 NSWLR 21 per Gleeson CJ at 30.

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•
•

•
•

of the ICAC Act)the need to protect the identity of a witness or an informant
the requirements of s.18(2) of the ICAC Act which requires that where there are proceedings for anindictable offence conducted by or on behalf of the Crown, in order to ensure that the accused’s rightto a fair trial is not prejudiced, the Commission must, to the extent it thinks necessary, ensure that,as far as practicable, any hearings are conducted in private during the currency of the proceedings
any application made by, or on behalf of those appearing before the Commission that it is in the public
interest for the hearing to be conducted in private
whether the hearing involves closing submissions. Section 31(2) of the ICAC Act provides that theCommission may decide to hear closing submissions in private.

The possible advantages of holding hearings in public include:
•
•
•
•
•
•

public hearings allow a wide exposure of corrupt conduct
public hearings are an important mechanism for educating the public about corruption
public hearings provide a mechanism for public officials to be publicly accountable for their actions
public hearings can be an important deterrent to corrupt conduct. If people know their conduct may
be subject to public exposure they may be less likely to engage in corrupt activity
public hearings sometimes encourage others to come forward with information, including
information relevant to the investigation
public hearings provide transparency to the Commission’s fact–finding process and as such enhance
public confidence in that process.

Private hearings allow the detection of inconsistencies in evidence given by different parties, as
witnesses give their evidence unaware of what else might have been said by other parties. This isparticularly the case where the investigation plan involves hearing from key individuals towards the end of ahearing to test their evidence against that provided by other witnesses earlier in the proceedings.
There have been occasions where witnesses have given much more full and frank evidence in private
than when they have been recalled to give evidence in public hearings. This may be due to concern or
trepidation about having their evidence exposed to colleagues and associates by way of a public forum. It has
also been observed that some witnesses at public hearings seem to play up to the media or the publicgallery.
Hearings are merely one tool in the investigative arsenal for the Commission. As previously indicatedthe Commission is not a court and nor does it attempt to operate like one (such as requiring the equivalent
standard of proof beyond reasonable doubt). The Commission’s hearings are part of the investigative
process. A court only hears matters at the conclusion of an investigation where there are grounds toconsider a case. As an investigative tool, it will not always be appropriate for the Commission to conducthearings in public.
2. Private Hearings – Public Reports
The Commission is required under its Act to prepare a report to Parliament of the results of its
investigation where it has conducted public hearings.
It should also be appreciated that the Commission has the capacity to conduct hearings in private but
produce a public report to account for the findings made in the matter.
The power to conduct public hearings is particularly important in carrying out the Commission’sfunctions. Public hearings are perhaps best used to highlight corrupt conduct that may be significant,systemic or widespread. Given that public hearings involve significant Commission resources, considerationmust also be given to maximizing the impact of public hearings, particularly in addressing systemic
corruption risks.
The Commission employs public hearings as appropriate, but undertakes other measures, including thecollection and dissemination of evidence to the appropriate authorities in individual instances, and the
conduct of systemic reviews of corruption risks, as a means of addressing and preventing corruption. The

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pre-occupation with the Commission’s public hearings must also be seen against the regularity with which
they are now held. As previously noted, for the 2002/03 reporting year, the Commission conducted just 18
days of public hearings involving four investigations.
A further relevant consideration is that public hearings are of little value unless sufficient evidence isgathered beforehand. Unless they are underpinned by effective prior investigative work, public hearings will
become a blunt tool for investigating corruption.
It is often said that the Commission’s hearing powers amount to no more than “naming and shaming”.
This suggestion fails to understand the roles that hearings play in the Commission meeting its objectives
and carrying out its functions under the Act, as outlined in this section.
The Commission submits that the current regime, where it must consider the public interest in making
the decision to hold hearings, as well as the requirements of procedural fairness established by the Courts23
is sufficient to ensure consideration is given to the protection of the rights of individuals. Furthermore, thedecision to hold a public hearing does not in itself involve a denial of natural justice.24
In deciding whether to hold public hearings, the Commission also gives consideration to the possibility ofinterfering with pending criminal proceedings. While the Commission is given authority by s.18 of the ICAC
Act to run public hearings alongside court proceedings, it is also required to ensure that as far as possible
Commission hearings do not prejudice proceedings for Crown prosecution of indictable offences.
Section 18 provides that:(1) The Commission may do any or all of the following:(a) commence, continue, discontinue or complete any investigation,(b) furnish reports in connection with any investigation,(c) do all such acts and things as are necessary or expedient for those purposes,
despite any proceedings that may be in or before any court, tribunal, warden, coroner, Magistrate, justiceof the peace or other person.
(2) If the proceedings are proceedings for an indictable offence and are conducted by or on behalf of the
Crown, the Commission must, to the extent to which the Commission thinks it necessary to do so toensure that the accused’s right to a fair trial is not prejudiced:(a) ensure that, as far as practicable, any hearing or other matters relating to the investigation are
conducted in private during the currency of the proceedings, and(b) give directions under section 112, having effect during the currency of the proceedings, and(c) defer making a report to Parliament in relation to the investigation during the currency of theproceedings.
(2A) Subsection (2) does not apply:(a) (in the case of committal proceedings) before the commencement of the committal hearing, thatis, the commencement of the taking of the evidence for the prosecution in the committal
proceedings, and(b) (in any other case) after the proceedings cease to be proceedings for the trial of a person before
a jury.
(3) This section has effect whether or not the proceedings commenced before or after the relevant
investigation commenced and has effect whether or not the Commission or an officer of theCommission is a party to the proceedings.
In practical terms, court proceedings are one of the matters given consideration in determining whether

23 ibid at ICAC v. Chaffey (1993) 30 NSWLR 21 per Gleeson CJ at 30.
24 ibid at 31.

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it is in the public interest to hold public hearings. In fact, in conducting its investigations prior to hearings,
the Commission has due regard to any relevant court proceedings that may be under way at the time.
It has been suggested that public hearings may operate to poison the evidence that may be relied upon inany subsequent prosecution proceedings. This suggestion appears to be based on the notion that the
publicity that public hearings attract somehow taints the evidence that might be adduced in any later
prosecution proceedings.
The Commission submits that it is highly unlikely that public hearings could have this effect on evidence
adduced at those hearings. There are different rules governing the admissibility of evidence during criminal
proceedings and there is often a considerable delay (often between one and two years) between theCommission’s public hearings, its report and any later criminal proceedings flowing from its
recommendations.

X. ACCOUNTABILITY MECHANISMS OF THE ICAC
As can be appreciated, the Commission is entrusted with extensive and significant coercive powers.
Those powers reflect the Commission’s role as a fact–finding body and are essential to assist theCommission in its primary functions of investigating and preventing corrupt conduct. As a corollary, theCommission accepts that it must be held accountable for the exercise of those powers.
Under the current provisions of the Act, there are two major mechanisms by which the Commission isheld accountable in exercising its powers under the Act. These are:••

The Parliamentary Joint Committee
The Operations Review Committee

There are other mechanisms of accountability or external supervision aside from those found in the Act
such as judicial review and legislative accountability (for example, various inspection powers given to the
NSW Ombudsman in relation to powers under other legislation such as the Telecommunications
Interception Act 1979 and the Law Enforcement (Controlled Operations) Act 1998.

A. The Parliamentary Joint Committee (“the PJC”)
The PJC is provided for under Part 7 of the Act. It is comprised of eleven members drawn from bothhouses of the NSW Parliament.
The primary functions of the PJC are to:
•
•
•
•
•

monitor and review the exercise by the Commission of its functions
report to both Houses of Parliament matters appertaining to the Commission or connected with theexercise of its functions to which, the attention of Parliament should be directed
examine each annual and other report of the Commission and report to both Houses of Parliament on
any matter appearing in, or arising out of, any such reportexamine trends and changes in corrupt conduct, and practices and methods relating to corrupt
conduct, and report to both Houses of Parliament any change which the Joint Committee thinks
desirable to the functions, structures and procedures of the Commission
inquire into any question in connection with its functions that is referred to it by both Houses ofParliament, and report to both Houses on that question.

In particular the provisions of s.64(2) of the Act should also be noted. That section provides as follows:(2) Nothing in this Part authorises the Joint Committee:(a) to investigate a matter relating to particular conduct, or(b) to reconsider a decision to investigate, not to investigate or to discontinue investigation of aparticular complaint, or(c) to reconsider the findings, recommendations, determinations or other decisions of theCommission in relation to a particular investigation or complaint.

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As the PJC itself has noted, the rationale for this is clear;

The Committee [PJC] does not have the ability to review the Commission’s decisions and findings, toinvestigate, or to examine the legality and propriety of the Commission’s actions with respect toparticular complaints. It is the Committee’s opinion that these statutory restrictions imposed upon theCommittee under s. 64(2) are appropriate. Committee members have neither the qualifications nor
expertise to conduct investigations, nor does the Committee have the resources to serve as an appeal
mechanism for individuals dissatisfied with the decisions and findings of the Commission.
Moreover, it is the Committee’s opinion that since Committee Members (in common with all Membersof Parliament) fall within the investigative jurisdiction of the ICAC, it would be inappropriate forMembers to be involved in investigating complaints against the ICAC. The Committee is concerned thatsuch a circular oversight system could give rise to allegations of either conflicts of interest or “paybacks”
for previous investigations (paragraph 2.2.3).
It would be undesirable for a class or category of public officials subject to the jurisdiction of the Act to bealso able to investigate or review particular investigative decisions taken by the Commission in relation topersons from that same class or category.

B. The Operations Review Committee (“the ORC”)
The ORC has eight members, comprising the Commissioner (chairperson), Assistant Commissioner
nominated by the Commissioner (the Deputy Commissioner), one 25 person appointed on therecommendation of the Attorney General and four26 persons appointed on recommendation of the Minister
and with the concurrence of the Commissioner. Pursuant to s.60 of the ICAC Act, the Commissioner of
Police is also a statutory member of the ORC. Under the provisions of the Police Act 1990, this function
cannot be delegated.
Under the current provisions of the Act the ORC operates as a consultative mechanism, providing advice
to the Commissioner on whether the Commission should investigate a complaint or discontinue theinvestigation of a complaint. The functions of the ORC are provided for under part 6 of the Act. Section 59(1)in particular provides as follows:(a) to advise the Commissioner whether the Commission should investigate a complaint madeunder this Act or discontinue an investigation of such a complaint;(b) to advise the Commissioner on such other matters as the Commissioner may from time to timerefer to the Committee.
It should be noted however that while the ORC must be consulted in relation to complaints made unders.10 of the Act there is no statutory requirement to consult the ORC regarding complaints referred to it byprincipal officers unders.11 of the Act nor any matter received by the Commission that is categorised as“Information” rather than as a complaint. The Commission itself makes the determination on classifying or
categorising a complaint.
It is also important to bear in mind that the ORC’s function is to provide advice, and that advice is notbinding on the Commissioner.
Notwithstanding these statutory provisions, it has been the practice of the Commission to refer s.11
complaints to the ORC where those complaints have proceeded to a formal investigation or what theCommission now refers to as a Category 1 investigation, that is the more serious and lengthier complex
investigations. A schedule of matters that are also classified as ‘Information’ is also provided at each meetingof the ORC.

25 Governor appointed position.
26 Governor appointed positions.

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Under the Act the Commissioner must also meet with the ORC at least every three months. Originally
the ORC met once every month, however, since March 2002 the ORC has met every two months, its
members noting the increased quality and high standard of reports that it now receives.
The statutory relationship between the ORC and the Commission has, however, been supplemented bybroad terms of reference which extends its functions beyond those provided for under the Act.

XI. CONCLUSIONThe ICAC continues to play an important and strategic part in public administration and the body politic
generally in New South Wales. Reference has already been made to the importance of the dual role ofcorruption investigation and prevention – the two activities are inextricably linked. The success of theprevention function depends on it being linked to that of investigation.
Bodies like the ICAC must however continue to be ever vigilant in identifying and anticipating new andchanging forms of corruption and be innovative in their response to dealing with this. They must also be
prepared to accept that their success in carrying out their functions and tasks will not always meet with
universal approval, often least of all from their political masters who create them. It remains, however, amost noble and essential pursuit necessary to any system of fair and equitable public administration.

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CASE STUDIES OF ACTUAL CORRUPTION INVESTIGATIONSBy John Pritchard*

CASE I: INVESTIGATION INTO THE HANDLING OF APPLICATIONS FOR PUBLIC
HOUSING BY AN OFFICER OF THE DEPARTMENT OF HOUSING
A. The Investigation
On 27 June 2002, the ICAC received a report from the Department of Housing that a Client Service
Officer (CSO) of the Department had solicited a bribe from an applicant for housing. It was alleged that theapplicant paid $2000 to the CSO as part payment to approve an application for priority housing. It wasalleged that further payments were to take place.
The ICAC commenced its formal investigations of this matter on 1 July 2002, under the direction of ICAC
Commissioner Irene Moss AO.
The investigation focused on whether any officials of the Department of Housing or anyone acting on
their account had attempted to solicit a corrupt payment in relation to attempting or agreeing to place any
applicant on a priority list for housing.
The ICAC made use of a range of its powers in this investigation.
ICAC investigators searched through all files that were handled by the suspect person from January 2001
to June 2002, served a number of notices to produce relevant documents, obtained a search warrant tosearch the premises of the suspect person and obtained warrants to listen to and record telephone
conversations and private conversations between specific persons.
The ICAC also held a number of private hearings between 4 July 2002 and 19 August 2002. Public
hearings were held on 18 and 19 September 2002. Ten witnesses were summonsed, examined and crossexamined during those hearings.

B. Why did the ICAC Investigate these Matters?
Housing is one of the most basic of personal and social needs in our society. For those who cannot obtainsuitable accommodation in the private sector, whether through cost or other needs, public housing is a vitalsocial support. Just over 5% of householders are in public housing in New South Wales. It is a scarce
resource that needs to be allocated fairly and equitably and there is a public interest in ensuring that thisoccurs.
There is a long waiting list for public housing, and those in greatest need may apply for priority housing.
It is damaging to community confidence in the integrity of allocating scarce public resources if the processes
used to allocate public housing and priority housing are tainted by corruption or other improper means. It isin the public interest to ensure the maintenance of a fair and equitable system designed to provide for thosein real need.
It is also in the public interest to expose conduct by public officials which may weaken the integrity of
public institutions. It is essential to the proper functioning of our society that the public has complete
confidence in our public institutions, especially when it concerns the allocation of scarce resources.
The investigation also assessed some suggestions as to how the integrity of allocating housing may bepreserved and how some of the identified risks of corruption and misallocation of public resources may beminimised.
There was a high level of public interest in the ICAC’s hearings, reflecting the substantial importance tothe community of the fair and equitable provision of public housing.
* Deputy Commissioner, Independent Commission Against Corruption Sydney, Australia.

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C. What Happened?
Steven Klimoski was employed as Client Service Officer (CSO) in the Burwood office of the Departmentof Housing. His responsibilities included assessing client needs, determining applicants’ eligibility for public
housing, including priority housing, and providing recommendations to his team leader.
Priority housing is available for those in urgent need of public housing through factors such as unstablehousing circumstances, ‘at risk’ factors such as being a victim of domestic violence and inappropriateness ofcurrent accommodation. The median waiting time for priority housing was 1.7 months in 2001-02, while themedian waiting time for all applicants for public housing was 39 months in the same period.
The ICAC investigation found that Klimoski, using his position as a CSO responsible for assessing andproviding recommendations on applications for priority housing, had offered to expedite an applicant’s
application for priority housing in return for a cash payment of $8000.
In early 2002, the applicant had met an acquaintance, Anthony Severino, and asked him if he knew
anyone working for the Department of Housing who might be able to assist her with an application for public
housing.
Severino contacted Klimoski and arranged a meeting with the applicant. At this meeting Klimoski
informed the applicant that he could assist her to obtain priority public housing, but that he would require
payment. Severino was to secure a portion of the total payment for his role in facilitating the arrangement.
After making an initial payment of $2000 to Klimoski, the applicant told a friend about the payment andafter determining that the payment was improper, informed the Department. The Department reported thematter to the ICAC, pursuant to Section 11 of the ICAC Act.
The ICAC lawfully recorded and videotaped a subsequent meeting between the applicant, Severino andKlimoski during which arrangements for the payment of money to Klimoski were confirmed. At thismeeting the applicant gave Klimoski a further $2000 in cash.
Following this meeting, Klimoski was made aware that the ICAC was conducting an investigation into
matters including his role in processing applications for priority housing. Klimoski subsequently gave
evidence to the ICAC in a private hearing on 4 July 2002.

D. What were the ICAC’s Findings?
The ICAC’s investigation found evidence that Steven Klimoski, an officer of the Department andAnthony Severino, a tenant of the Department, engaged in corrupt conduct.
There is no evidence that any other person employed with the Department discharged their duties
corruptly.
Recommendations are made in the report that the Director of Public Prosecutions give consideration to
the prosecution of Steven Klimoski for the offences of corruptly obtaining benefit [Section 249B of the
Crimes Act 1900 (NSW)] and the prosecution of Anthony Severino for the offences of aiding and abetting thereceipt of corrupt benefit [Section 249F of the Crimes Act 1900 (NSW)] and giving false and/or misleading
evidence pursuant to Section 87 of the Independent Commission Against Corruption Act 1988.
A recommendation is made in the report that consideration be given to disciplinary action by the
Department against Steven Klimoski pursuant to s.74A(2)(b) of the ICAC Act.
The report also makes a number of specific recommendations to the Department for it to review its
systems and policies for priority housing, establish appropriate audit processes to review allocation decisions
and verify the assets of applicants; and strengthen and promote its policy on gifts, benefits and bribes.

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CASE II: INVESTIGATION INTO CORRUPT CONDUCT ASSOCIATED WITH
DEVELOPMENT PROPOSALS AT ROCKDALE CITY COUNCIL
A. The Investigation
This ICAC investigation examined the conduct of two Rockdale City Council (RCC) councillors, Adam
McCormick, the Deputy Mayor, and Andrew Smyrnis in relation to corrupt dealings with certain property
developers. The conduct of persons who acted as intermediaries between Councillor Smyrnis and thesedevelopers in soliciting bribes is also examined.
B. Why did the ICAC Investigate?
Over one third of the matters currently received by the ICAC concern local government. The one issue
that is the subject of most complaints to the ICAC from the public concerns planning decisions made bycouncils. Over 16% of all the complaints received by the ICAC from the public concern development
approvals.
Development Applications represent a significant economic investment. Councillors make decisions daily
on a vast range of projects that impact on our economy, our community and our quality of life. It is vital thatthe public is assured that planning decisions are made on their merits and not out of self interest or financial
gain for the decision makers.
In the present case there was evidence to suggest that two councillors were involved in soliciting
substantial bribes from developers in return for supporting their development proposals. Such actions go to
the core of the integrity of the planning process. There was a clear public interest for such allegations to bethoroughly investigated to determine if they were accurate and if so to identify those involved.

C. What Happened?
There were four areas of interest to the Commission’s investigation
1.

In October 2000 Manuel Limberis, at the request of Andrew Smyrnis sought money from thedeveloper of property at 2-4 Parker Street, Rockdale, knowing that in return Smyrnis would give
favourable consideration as an RCC councillor to the Development Application. The amount ofmoney sought was $150,000 to obtain approval for a five level development and $90,000 for a fourlevel development. He did not tell the developer the money was to be a bribe but was to pay him tolobby Councillor Smyrnis. The developer rejected the offer.

2.

In July/August 2001, Manuel Limberis entered into an agreement with Con Chartofillis, who was
proposing a development at 2-4 Frederick Street, Rockdale, for a payment of up to $320,000
depending upon the number of floors approved by RCC. Money was sought and obtained from
Chartofillis on behalf of Smyrnis with the purpose of influencing Smyrnis in relation to theDevelopment Application and for Smyrnis to organise support from other councillors for theDevelopment Application. Between 28 August 2001 and 14 January 2002, Chartofillis madepayments to Limberis totalling $54,500. Of this sum, $49,500 was transferred to Smyrnis, thebalance being retained by Limberis.
Smyrnis agreed with Councillor Adam McCormick to pay McCormick $70,000 in return for
McCormick supporting the Chartofillis Development Application and obtaining the support of other
ALP RCC councillors. Later, McCormick sought to renegotiate this agreement for the purpose ofobtaining a larger sum of money.

3.

Between October and December 2001 Anthony Retsos, at the request of Andrew Smyrnis, met witha developer codenamed R1 and sought payment from him of between $240,000 and $250,000 inreturn for Smyrnis giving favourable consideration as an RCC councillor to R1’s Development
Application for a proposed development in Rockdale.
Retsos understood that in return for dealing with R1 on behalf of Smyrnis he could expect to receive
a payment of money of at least $20,000 to $25,000.

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Smyrnis agreed with Councillor Adam McCormick to pay McCormick $70,000 in return for
McCormick supporting R1’s Development Application for Site 1, and obtaining the support of other
ALP RCC councillors.
No monies were paid by R1 to Retsos, Smyrnis or McCormick, either directly or indirectly.
In early 2002, a developer, Terry Andriotakis, offered to provide benefits to Councillor Smyrnis by
way of free advice in relation to property deals (which Andriotakis told Smyrnis was worth a lot ofmoney), referring potential customers to a mortgage business in which Smyrnis said he wasinvolved, and assisting Smyrnis in joint ventures, including the possibility of Smyrnis becoming abeneficiary in a development. These offers were made by Andriotakis and accepted by Smyrnis with
the intention that Smyrnis would, in his capacity as a councillor of RCC, lobby other RCC councillors
to ensure that a draft Development Control Plan proposed by Andriotakis for sites at Arncliffe, wasapproved by RCC as soon as possible.

D. What Were the ICAC’s Findings?
The ICAC’s report: Report into Corrupt Conduct Associated with Development Proposals at Rockdale
City Council, published in July 2002, at the conclusion of the investigation, contains findings that Andrew
Smyrnis, Adam McCormick, Manuel Limberis, Tony Retsos, Con Chartofillis and Terry Andriotakis engaged
in corrupt conduct.
Recommendations are made in the report that the Director of Public Prosecutions give consideration to
the prosecution of Andrew Smyrnis, Adam McCormick, Manuel Limberis, Con Chartofillis and Tony Retsos
for bribery-related offences and offences of giving false and misleading evidence to the ICAC. A
recommendation is made that the Director of Public Prosecutions give consideration to the prosecution of
Terry Andriotakis for bribery-related offences.
Recommendations were made that consideration be given to the suspension of Councillor Adam
McCormick from civic office under s.440C of the Local Government Act 1993 with a view to his dismissal
for serious corrupt conduct. Councillor McCormick resigned however, the day the report was released. No
such recommendation was made in respect of Smyrnis as he resigned from RCC during the course of the
ICAC hearings.
The evidence before the ICAC did not indicate the level of systemic corruption within RCC to warrant a
recommendation that consideration be given to the dismissal of all councillors.
There was no evidence that any staff member of RCC acted other than professionally and properly in the
discharge of their duties and no suggestion that they had acted corruptly.
The report canvasses the need for reform of development control systems, and controls on political
donations and influence at the local government level. Recommendations addressing these issues will bemade in a subsequent report.

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REPORT OF THE GENERAL DISCUSSION
Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteur
Co-Rapporteur

Mr. Georgi Rupchev
Ms. Ana Maria Rosero Rivas
Mr. Raymundo Julio A. Olaguer
Mr. Saito Masato
Mr. Kaspars Dreimanis(Bulgaria)(Ecuador)(Philippines)(Japan)(Latvia)

Members

Ms. Mariana Lara Palacios
Ms. Soraya Lizette Morales
Mr. Souphy Norintha
Mr. Jacques Randrianasolo
Mr. Ganesh Babu Aryal
Mr. Rana Zahoor Ahmad
Mr. Fred Saeni
Mr. Sukit Chua-intra
Mr. Thammarat Limkulpong
Mr. Tashiro Masahiro
Mr. Tomita Kan(Guatemala)(Honduras)(Lao PDR)(Madagascar)(Nepal)(Pakistan)(Solomon Islands)(Thailand)(Thailand)(Japan)(Japan)Visiting Experts

Mr. Kwok Man-wai, Tony
Mr. John Pritchard(Hong Kong)(Australia)

Advisers

Director Kunihiko Sakai
Deputy Director Tomoko Akane
Prof. Motoo Noguchi
Prof. Keisuke Senta
Prof. Takafumi Sato
Prof. Iichiro Sakata(UNAFEI)(UNAFEI)(UNAFEI)(UNAFEI)(UNAFEI)(UNAFEI)

I. INTRODUCTION
This Final Report is the result of four General Discussion sessions which were conducted over two daysby the above course participants, visiting experts and advisers.

Paradigm ShiftHistory reveals that the idea of corruption has not always been an open topic. Discussions on corruption
are usually made in whispers and in secret to prevent possible persecution, ostracism, and alienation.
Consequently, tyranny and corruption characterized most governments and corrupt government officials
enjoyed the fruits of corruption without obstacle.
The last three decades have seen a radical shift in the perception of corruption. The social malaise hascome to be recognized and the general public has become aware, not only of its existence, but more
importantly, its adverse effects on society. The fear and anxiety that came with discussion of corruption in
the open slowly melted in the sunshine of public awareness. Significantly, peoples of the world grew to abhor
corruption.
The present course marks a gigantic step in the paradigm shift the world is presently experiencing.

II. WEAKNESSES IN ANTI-CORRUPTION MEASURES
A. Legislation
Most of the participating countries have corruption punishable by the Penal Code only. A great majorityof the participants believe that their laws are sufficient to criminalize corrupt acts. The problem, however, isin the actual implementation of those laws and the corrupt officials in government.

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B. Investigation
1. Investigation Authorities
Most of the participating countries have specialized investigative authorities against corruption.
The majority of the participating countries do not appear to have functionally independent agencies which
are capable enough to be relied upon. It seems that the investigators and prosecutors in these countries do
not deal with corruption properly. This is because their anti-corruption agencies may be open to informal
influence by high-ranking officials that constitute several levels of hierarchical bureaucracy. If theirinvestigators or prosecutors do not adhere to the decisions of their superiors they may risk losing their jobs.
2. Investigative Tools(i) Most participating countries do not have the power to conduct wiretapping which is inadmissible inevidence while the majority of the participating countries have access to bank accounts during theinvestigation stage.
(ii) Almost all participating countries have the power to conduct compulsory investigation (arrest,
search, etc.) as well as use undercover agents and the power of entrapment. Most of the participant
countries do not have judicial bargaining.
3. Reporting from the Public
Most participating countries do not have measures for anonymous complaints, thus complaints against
officials for corruption are quite rare due to fear of reprisal. Not much protection is given to whistle-blowers.

C. Trials
It appears that a minority of the participating countries have a judiciary that enjoys the trust of thegeneral public. The judiciary in the other countries is not sufficiently independent to make fair judgments incorruption cases. Sometimes even the judiciary itself is corrupt.
D. Lack of Political Will
The majority of the participating countries experience lack of political will in stamping out corruption in
their respective measures against negative bureaucratic behaviour. Political will to eradicate corruption canbe described as the readiness and willingness on the part of the government and the citizenry as a whole doso. It cannot be denied that, unfortunately, the governments of the participating countries consist mostly of
officials who belong to the old paradigm wherein corruption was still considered as normal bureaucratic
behaviour. This old school of thought obviously is crumbling in highly developed countries of the world but
is still predominant in developing countries.
Due to the prevailing culture of corruption in governments of developing states, it is quite natural that
their citizenry would adhere to such an arrangement. Obviously, they are left with no choice but to be part ofsuch a culture lest they be ostracized as social deviants.

E. Lack of a Code of Ethics
The majority of the participating countries do not possess a code of ethics. A code of ethics serves as a
general guideline for government officials and employees to observe in the course of their official duties andfunctions. It is usually embodied in legislation. It underlines moral uprightness, official honesty andtransparency, an appropriate standard of living, and such other matters related to clean and honest
governance at the personal level. This may be viewed as closely linked with lack of political will as,
naturally; a government characterized by rampant corruption would not be minded to draw up a code of
ethics.
A country where a code of ethics is wanting surely cannot have effective measures to fight corruption as
there would not be a crucible on which corrupt activity is measured and identified.

F. Low Salaries of Government Officials and Employees
Again, all the participating countries, save for Japan, have low salaries for their government officials andemployees. In Japan, every year, the salaries of public servants are compared and adjusted to those of
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participating countries. The average take-home pay of an ordinary government employee in a typicaldeveloping country is barely enough to answer for their periodic expenses such as, but not limited to, food,clothing, shelter, education, electricity, and telephone bills.
The low salary of government employees was identified as one of the main causes of corruption. Due tothe scarcity of funds, government employees are often forced to engage in activities that are not entirely
accepted as correct bureaucratic behaviour. It is not uncommon that an ordinary policeman or a clerk in thevehicle licensing agency in a developing country would not think twice about receiving, worse, evendemanding, a certain amount from traffic rules violators or applicants for renewal of vehicle registration.
It is, however, posited that the low salary of government employees is non sequitur and should not be
underscored as a major cause of corruption since corruption is even more rampant and on a larger scale
when it comes to high-ranking officials. Also, it cannot be said that the low salary of government employees
is part of a vicious cycle revolving around corruption. Public servants suffer low salaries due to a corrupt
government that, in turn, suffers lack of public funds to raise the salaries of government employees due toerosion of public funds lost to corruption.

G. Lack of Education Concerning Corruption
Education is undoubtedly a very important factor in the fight against corruption. The general public must
be immersed in the knowledge of the existence of corruption, its pernicious effects on society and theeconomy, and, most of all that corruption does not pay.
A great majority of the participating countries have no education with regard to corruption. As a result,the masses have accepted corruption as a normal occurrence in their culture and social life. Such a situation
creates the defeatist impression that nothing can be done about corruption. In some countries, corrupt
officials occupying high-ranking positions are bestowed respect by the poor and uneducated people.

H. Lack of Cooperation between the Citizens and the Government in Anti-Corruption Measures
It is a fact that no measure against corruption can be entirely successful without the active cooperation of
the public. Anti-corruption agencies should have the full cooperation of the citizenry. This is not true in theparticipating countries.
The general public does not cooperate with anti-corruption measures because of the fear of possible
negative repercussions and because of the loss of trust and confidence in the government. Hence, citizens
are in a lethargic state and do not report corrupt practices and instead turn a blind eye on shenanigans ingovernment. Even victims of corrupt acts suffer in silence rather than live a life of endless paranoia of whatmight happen to them if they report the corrupt act.

I. Lack of Personnel in Anti-Corruption Agencies
Anti-corruption agencies in some of the participating countries are lacking investigators and prosecutors.
Consequently, investigators and prosecutors handle more than the number of cases they can effectively
handle.
This is also related to the low salary of investigators and prosecutors. Most often, the best lawyers do notfind it practical to pursue a career in government, especially in a high-risk, thankless, and low-paying job in
anti-corruption agencies. Consequently, the anti-corruption agencies are undermanned which is a major
obstacle in the war against corruption.

J. Lack of Training
Anti-corruption agencies also suffer from a lack of training in basic skills in anti-corruption measures ininvestigation and prosecution. Most often, investigators and prosecutors merely learn the rudiments ofinvestigation and prosecution in the course of their work. Thus, we see a scenario where an inexperienced
neophyte investigator or prosecutor handles cases of corruption resulting in the eventual dismissal of thecase due to lack of training.
The weaknesses of a lack of personnel training are caused by a lack of budgetary support. Most
governments in developing countries still do not regard corruption as a major problem. Again, we have a233

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vicious cycle consisting of a lack of resources to fund effective anti-corruption machinery which is itself
caused by a cash-strapped corrupt government.

III. SOLUTIONS
A. Legislation
More vigilance, involvement, awareness, and strategy on the part of anti-corruption agency officials andmore political will should be harnessed.
The participating countries stated that their Penal Codes or special laws on corruption do not specificallydefine the term – corruption, but define crimes of corruption. All agree that the definition of corruption itself
is not necessary in the Penal Code. All participants have the same understanding regarding public officials.
The laws of most participants` countries do not have differences in penalty corresponding to the official rankof the public official. However, in practice a higher penalty is imposed on higher ranking officials according to
the discretion of the Court.

B. Investigation
The specialized agencies should be independent constitutionally, structurally, functionally and financially.
Financially means a fixed budget e.g. ICAC Hong Kong which enjoys 0.3% of the annual budget. Legislation
allowing wiretapping and access to bank accounts in the investigation of corruption. The right to privacy
must be balanced with the interests of the state and public welfare in accordance with the doctrine of police
power.
The requirements for access to the transaction records of banks and financial institutions should be
liberalized and made easier for investigations to prosper.

C. Reporting from the Public
Anonymous complaints should be allowed and report centres should be established to receive thesecomplaints. Protection should be given to whistle-blowers by means of legislation (safe houses, bodyguards,etc.) for serious cases.
D. Trials
The system of appointment of judges should be transparent and based strictly on integrity and skill. In
the course of the training, it was found that the judicial system of Japan has been working successfully, andthis experience helped the participants to bring some positive ideas for their respective judicial systems. For
example, in Japan, the applicants for the position of judges are trained by the Legal Training and ResearchInstitute and chosen by the Supreme Court which nominates them to the Cabinet for approval. The Cabinet
almost always approves such nominations in practice.
E. Education
As mentioned above, education is the primary tool to instil the necessity of a clean and honest
government for the attainment of a socially just society. The norms of conduct that tolerated corruption as
an accepted way of life can only be removed by education.
Education should come in the form of school orientation as well as media advertisements depicting theundesirable effects of corruption on the society as a whole, and on the individual, in particular.

F. Legislation of a Code of Ethics for Government Officials and Employees
Legislative bodies should enact laws embodying a code of ethics to be strictly enforced by anti-corruption
agencies and the courts. This code of ethics should be completely disseminated to all public servants andseminars and workshops should be held to ensure that all public servants are aware of this.
G. Adequate Opportunity for the Mass Media to Investigate and Report Corruption
In many countries, depending on their institutional structures, mass communication should be equippedwith adequate opportunities to inquire into government transactions and to detect corruption objectively.
Reporting corruption to the public is an effective deterrent on government officials and employees fromcommitting corruption as no one would want to be known as a corrupt official. In fact, this deterrent comes

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even before actual conviction for a crime in a court of law.

H. A Sound Recruitment System for Public Servants Based on Merit, Skill, and Integrity
An independent Civil Service Commission should be in place to oversee the recruitment and promotion
process of government officials and employees. It should be independent so as not to be unduly influenced
by the powers that be. Recruitment and promotion should truly be based on exact measurements of merit,
integrity and skill.
I. Higher Salaries for Government Officials and Employees
An effective incentive for government officials and employees to forget about corruption is a salary thatwould best cover their expenses for decent and comfortable living conditions. This should include provisions
for education of their children to provide them with a bright future.
J. Higher Mandatory Budgetary Allocations for Anti-Corruption Agencies and Measures
Anti-corruption measures cannot be truly effective without the budgetary support of government. As
mentioned above, a fixed budget commensurate to a reasonable percentage of the annual budget should beallocated for anti-corruption measures. This will ultimately solve the problem of the low salaries ofinvestigators and prosecutors, the lack of investigators and prosecutors, and their lack of training.
K. Domestic and International Training of Investigators and Prosecutors in Anti-corruption Agencies
and Justice Departments in the Skills, Techniques, and Strategies in Anti-Corruption Activities
With financially viable anti-corruption machinery, training of investigators and prosecutors, both domestic
and international, is possible. This will spurn a truly effective campaign against corruption with personnel
specially trained in the field of anti-corruption measures. As a result, ICAC Hong Kong and ICAC Australia
may be replicated in our countries.
L. International Cooperation in the Field of Anti-Corruption Measures
Participation in international conventions such as the U. N. Convention against Corruption is a must if wewant to see a holistic approach against corruption. The provisions in these international instruments should
serve as a model for all anti-corruption legislation. Further, international cooperation in terms of extradition,transfer of persons, and transfer of proceedings would surely produce a favourable impact in the fight against
corruption.
In addition, informal international help measures should also be resorted to for a flexible and quick
response against corrupt officials who have fled the country and are seeking refuge in a foreign land.

IV. CONCLUSIONFighting corruption is a lonely and risky job; lonely, because societies in developing countries still cling to
the myth that corruption is an accepted way of life, and risky, because the persons being investigated andprosecuted occupy positions in the government. It is just and proper that considerable significance must beafforded to anti-corruption measures. This is to protect the very government from itself and avert the moral
degradation and economic crisis that is indubitably caused by the cancer of corruption. It’s a tough job but
somebody’s got to do it.
The participants of this course have to do it. The investigators and prosecutors in the anti-corruption
agencies have to do it. And the citizens also have to do it. To complete the paradigm shift, every single
individual in society must do his or her share in eradicating corruption. At the end of the day, no one isspared from being a victim of this social scourge.
Corruption is the effect of the mistaken notion of short-cuts to financial success. Corrupt officials don’t
want to wait in line, don’t want to work hard for their compensation, and don’t want to live simple and honest
lives. One finds truth in the adage that money is the root of all evil. Siddhartha Gautama, otherwise known
as Buddha, said that desire leads to suffering. As long as we desire material wealth and the good life, we willcontinually suffer since nothing in this material world can ever satisfy our wants. In short, desire takes away
our freedom.

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It is our duty to keep our peoples free. Freedom from corruption is our goal. This can only be achieved bystrong political will, an educated citizenry, and an effective anti-corruption campaign. Sending corrupt
officials to jail will send a clear message to all that corruption does not and will not pay. This will have theeffect of deterrence on the part of government officials and employees who are minded to commit corrupt
acts.
Only with this environment will the government regain the trust and confidence of its people. Only thenshall we enjoy the fruits of a truly just society.

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APPENDIXCOMMEMORATIVE PHOTOGRAPHS• 130th International Training Course• Seventh Special Training Course on Corruption Control in Criminal Justice

UNAFEIThe 130th International Training Course

Left to Right:
Above:
Ms. Yangco (Philippines), Dr. Butchart (WHO), Prof. Noguchi, Prof. Uryu
4th Row:
Mr. Saito (Staff), Mr. Tanuma (Staff), Mr. Inoue (Staff), Mr. Yamagami (Chef), Ms. Yanagisawa (Staff),
Ms. Matsuoka (Staff), Ms. Tanaka (Staff)
3rd Row:
Mr. Tada (Staff), Mr. Tatsuda (Staff), Mr. Kasai (Japan), Mr. Nagai (Japan), Mr. Suzuki (Japan), Mr.
Miura (Japan), Mr. Flor (Philippines), Mr. Bankobeza (Tanzania), Mr. Ifo (Samoa), Mr. Sugimoto (Japan),
Mr. Hatakeyama (Japan), Ms. Minemura (JICA), Ms. Inamasu (Staff)
2nd Row:
Mr. Yokoyama (Japan), Mr. Aoki (Japan), Mr. Lee (Korea), Mr. Aung (Myanmar), Mr. Kan (HongKong), Mr. Abo Helw (Egypt), Ms. Binti HJ Jonit (Malaysia), Ms. Putrie (Indonesia), Mr. Thong(Cambodia), Mr. Sarath (Sri Lanka), Mr. Caginidaveta (Fiji), Ms. Muronda (Zimbabwe), Ms. Nabwana(Kenya), Ms. Takashima (Japan), Ms. Turcios (El Salvador), Ms. Ishikawa (Staff), Mr. Khan (Pakistan)
1st Row:
Mr. Iida (Staff), Prof. Sakata, Prof. Uchida, Prof. Sugiyama, Prof. Ikeda, Prof. Sato, Dr. Stefanakis(Canada), Director Sakai, Ms. Deol (India), Deputy Director Senta, Prof. Yokochi, Prof. Higuchi, Prof.
Shinkai, Prof. Noge, Mr. Ebara (Staff), Mr. Cornell (L.A.)

Seventh Special Training Course
on Corruption Control in Criminal JusticeLeft to Right:
Above:
Mr. Pritchard (Australia), Prof. Someda, Prof. Yokochi, Prof. Shinkai, Prof. Uchida
4th Row:
Mr. Koyama (Staff), Mr. Sano (Staff), Ms. Aruga (Staff), Ms. Yamashita (Staff), Ms. Yanagisawa (Staff)
3rd Row:
Mr. Saito (Chef), Mr. Tatsuda (Staff), Mr. Yamagami (Staff), Mr. Tada (Staff), Mr. Miyake (Staff), Mr.
Miyakawa (Staff), Ms. Rosero (Ecuador), Ms. Morales Romero (Honduras), Ms. Palacios (Guatemala),
Mr. Norintha (Laos), Ms. Nakamura (JICA), Ms. Miyagawa (Staff), Ms. Ishikawa (Staff)
2nd Row:
Mr. Tomita (Japan), Mr. Saito (Japan), Mr. Limkulpong (Thailand), Mr. Tashiro (Japan), Mr. Saeni(Solomon Islands), Mr. Olaguer (Philippines), Mr. Aryal (Nepal), Mr. Rana (Pakistan), Mr. Chua-Intra(Thailand), Mr. Randrianasolo (Madagascar), Mr. Rupchev (Bulgaria), Mr. Dreimanis (Latvia)
1st Row:
Mr. Iida (Staff), Prof. Sato, Prof. Noguchi, Deputy Director Akane, Director Sakai, Mr. Kwok (HongKong), Prof Senta, Prof. Sakata, Mr. Edura (Staff), Mr. Cornell (L.A.)