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The Status
of Women Full Document
July 1994 In
Consultation With The National Preparatory Committee And The Women's Desk, This Report examines the status of women in the British Virgin Islands by comparing their situation before and after the 1985 Nairobi Conference and the drafting of the Convention on the Elimination of All Forms of Discrimination Against Women. Research has been based on the eight critical areas of concern outlined by the United Nations Commission of the Status of Women. Information for the report has been obtained from the 1981 census report, 1991 census statistics which other reporters have been able to access from the statistics department, national consultations, documents in the field and interviews. The 1991 population figures report 7,850 females and 8,258 males in the British Virgin Islands and they inhabit 15 of the 40 islands which make up the territory. Although women, who make up about 49% of the population, have run for political office since 1972, none has ever been elected. A Women's Desk was established in 1992 and, in spite of the constraints posed by inadequate staffing it has made a significant positive impact on the lives of women in the British Virgin Islands. There is need for more institutional support to facilitate outreach work to all the islands. An awareness of the need for legal reform has resulted in the establishment by Chief Minister Lavity Stoutt of a law reform committee in December 1993. Poverty in the British Virgin Islands is mainly associated with the female immigrant population. Related factors are low wages, inadequate day care and public housing facilities and discrimination in the work place. Verbal official reports indicate no inequality in access to personal loans, although some women claim that they were denied business loans because they were not accompanied by a man. There is equal access to education at all levels, but although more women graduate from secondary school and apply for tertiary education, there are more male applicants and graduates with technical degrees. Breast and cervical cancer, fibroids and spontaneous abortions have been areas of concern. Health services are generally available but women are calling for more preventive measures. The labour Ordinance ensures equality of employment but women are over-represented in the non-administrative positions while men generally occupy the managerial and administrative posts. The Women's Desk, the catalyst for dealing with violence against women, has intervened at the preventive educational level. A crisis centre is to be establish by a community service organization, and laws which currently help to perpetuate violence are under review. Women in the territory feel that they do not generally get a positive reception or response when they voice their concerns and this acts as a silencer. There is, however, a growing awareness of the issues and a recognition at some governmental and societal levels of the need to effect changes as the issues are not just women's issues but factors which influence the lives of all the people of the British Virgin Islands.
INTRODUCTION WOMAN You don’t want
to continue From: Women’s
Letter from Basal, Nr. 15, June 1992 "Each and every advance in women's rights has meant a gain for all humanity. As we move closer to the twenty-first century one would like to assume that it is.becoming easier for women to defend their rights, as society has learnt to recognize the truism that women are indeed the ones who have traditionally been ultimately responsible for the family. We have come to an agreement on the statement that the family is a microcosm of society and as such not only mirrors what goes on in society but, actually determines the course of social events and socialization. Hence the role of the family is a crucial determinant of development at every level. We have also agreed that the challenges faced by the family today are unprecedented in history. Themes like 'The Family in Crisis' 'Stress in the Family', 'Men at Risk' 'The Breakdown of the Family' have created headlines for newspapers and magazines, book titles and the topics for many symposia. Mounting concern has led to the UN Declaration of this year 1994 as the International Year of Family. It is also no coincidence that discussions on the environment which are predominant in the global consciousness at this time are also focusing on gender and family perspectives. In fact, Murray Booklin (1992) boldly stated the following affirmation:
In spite of the foregoing it remains glaringly apparent that women continue to be severely underrepresented in all strata and circumstance of society which have implications for national development and policy-planning. Women's protests at these inequities have prompted the United Nations to mandate that the Convention for the Elimination of All Forms of Discrimination Against Women be ratified by member nations. Margarita Arias (1991) commented on what appears to be the obvious but is, in reality, still a goal to be worked towards:
The International Decade of Women from 1975 to 1985 was the consequence of increasing international concern on the status of women. Although it was found that "Ten Years was not Enough", the decade did serve as an impetus for a shift in focus. It was realized that one could not assume that in developing the human resource, women would also be beneficiaries. In fact, the converse seemed to be the case in that others, especially men, were being developed at the expense of women. Women's needs and subsequently those of the family were seldom prioritized. During the Decade of Women, and in its aftermath, many organizations, whose membership is drawn from women, communities, churches, academic and professional circles, have convened in conferences to stimulate dialogue on issues which affect women and to devise strategies which would ensure the increased involvement of women in developmental programmes. Resolutions and strategies coming out of these symposia have unilaterally demanded women's input in the development of any local, regional and international policies which affect them even if the policies themselves are not gender-specific. One such treaty is the NGO Treaty on Population, Environment and Development which was produced after deliberations at the NGO Forum at the Earth Summit in Rio. The Preamble of that treaty states that:
Women have also had to insist that there be a systematic integration of a gender perspective in policy-making and programme implementation in all areas and at all levels and that accountability for this inclusion, strategizing and implementation be the responsibility of both sexes. The tendency to negatively correlate the increase in the social ills in contemporary society with the slow improvements in women's conditions, thus attributing blame to women, also points to the need for careful monitoring and dialogue. Women have ensured that they are well represented at all international and regional conferences, both governmental and non-governmental. We have learnt that in order to preserve the little progress we have made and to ensure that we continue to gain ground, no matter how relatively insignificant that progress might appear to be, we have got to be indefatigably visible. Changes at the global level have had mainly negative and few positive impacts on the women of the Caribbean region. Unquestionably, most of these changes have meant a decrease in the financial resources of the region and as women continue to be at the low end of the continuum, both in terms of their access to national resources and in terms of the allocation of those resources, they have been seriously affected. Women in the BVI with their unique dual affiliations politically to Great Britain and nominally, physically and financially (through their legal currency) to the United States Virgin Islands have been affected by changes on several levels. The status of the country has left it relatively insulated from the financial setbacks experienced by its political counterparts, the other British Dependent Territories (BDT's). In fact while other BDT's have suffered the BV~I appears to have flourished and during the 1970's the BVI began to be viewed as the mecca of the Caribbean. This perception which led to the immigration of nationals from other Caribbean countries and from North America has created a unique brand of challenges for women. Or. Joycelin Massiah , Regional Programme Adviser of UNIFEM'S Caribbean office was asked to prepare a presentation on the situation of Women from the global perspective for a Consultation held in Dominica September 1993 in preparation for the 1995 UN WORLD CONFERENCE ON WOMEN. Ms Sonia T. Harris, Senior. Programme Officer Women in Development at the Caricom Secretariat was also asked to prepare a report on The Situation of Women in The Caribbean for the same consultation. The information reviewed here will draw heavily on those sources as these two informed women are better placed than most to present the most appropriate perspectives as they relate to women. The fall of the Soviet Empire and the end of the Cold War has created a wave of social changes which has led to an escalation of wars and political oppression. These events plus the effects of natural disasters and economic problems have increased the refugee population to over fifteen (15) million, of which about seventy-five (75) per cent are women and children. Funds have had to be allocated to provide relief aid which has meant that funds available for development work have been significantly reduced. The trend towards free markets, deregulation and the adoption of structural adjustment policies have affected the economic vulnerability of the Caribbean region. There has been a rise in unemployment, increases in inflation which have coincided with wage freezes, and serious reductions in social services. There have been increased opportunities for self employment and employment in free zone areas, but while these more favourable impacts have not been enough to offset the negative impacts they have also created hazards of their own. Needless to say, the people who have been affected most by these challenges are women and as Joycelin Massiah has pointed out "many of these economic difficulties in which women in these territories find themselves are directly linked to decisions and philosophies and power relations on the international level." Networking among major corporations, the development of trading blocks, and reductions in demand for the type of basic commodities produced by the Caribbean has also negatively impacted the economic resources of the region. Attempts by the Caribbean community to offset these effects by establishing a CARICOM Single Market and Economy which would facilitate the free movement of goods, services, capital and labour will help to increase the competitiveness of the region. However, as many women are not engaged in export marketing, women will not generally benefit from this initiative. For the BVI where the lucrative economy has been "import' in nature both in terms of its importation of finance through its offshore banking facilities and its importation of people through the tourism economy, the opportunities presented by the CARICOM community have not been relevant. The import oriented economy has also been administered mainly by men and women have benefitted chiefly through their involvement as service people. The practical implications of these financial restructurings has been an overall reduction in development aid, grants and loans as scarce resources have been reallocated based on the new priorities of the funding agencies. Developing countries in the South including the Caribbean area are being seen as less needy than the fledgling nations in Europe. This has meant that women's concerns which bad, at best, received only minimal attention were now seriously under served. Structural adjustment programmes, which have been one of the ways in which the Caribbean region has responded to the economic challenges, have "created both opportunities and problems for people of the region" (Sonja T. Harris, 1993). Negative impacts have included drastic reductions in the financing of health care, education and social services, depreciation in national currencies, inflation, public sector layoffs and wage freezes. With the emergence of HIVIAIDS and the re-emergence of infectious diseases like tuberculosis, the paucity of the economic base has been an increasing source of concern. Fortunately this concern has promoted greater collaboration among institutions and individuals to address the health needs of women and society in general. Women, of course, have borne the brunt of most of these negative impacts because of their caretaking role in the family. Fortunately there has been some amelioration of the impacts as Sonja Harris notes:
On the regional level, social issues including the increase in violence against women, the crisis of substance abuse with the accompanying increase in crime, and the increase in unemployment are all affecting the Caribbean family structure and the roles women and men play in the socialization process. Women continue to perform the functions which are vital for the nurturing of the family in an atmosphere which is generally not conducive to their own development. Males in society are themselves beginning to express concerns about their status in the face of poorer performance levels of high school boys and young male workers and negative attitudes which seem to point to self identification difficulties.
Social issues for women in the BVI have the added dimensions of 'separation' and 'alienation' as the immigrant women have often been forced to leave their families behind either because they felt that it was easier to fend for themselves and remit their finances to their homeland or because BVI immigration policies prohibited them from bringing their families with them. The BVI, although not feeling the direct financial pinch of structural adjustment programmes, has felt the sociological effects brought to bear on a society which is fifty per cent expatriate and still continues to absorb those who "cannot make it" in their own deprived societies because of these financial constraints. Human resource development is a concept which is receiving greater attention in the region. Women continue to be restricted in their access to the region's resources and benefits. In an attempt to create more balance the CARICOM Secretariat is promoting the development of National Policy Statements on Women. The majority of CARICOM's member states have now produced these, although some of the BDT's have not yet done so. In order to protect women's human and legal rights, the CARICOM Secretariat, assisted by NGO'S and professionals, has developed eight pieces of model legislation. These models have been written in gender neutral language and therefore protect the rights of men as well if they find themselves in similar circumstances. (Harris, 1993) These models include The Domestic Violence Act, The Sexual Offenses Act, The Sexual Harassment Act, Inheritance, Citizenship, Equal Pay for Equal Work, Equal Opportunity and Treatment in Employment, and Maintenance - including reciprocal agreements between countries. The Convention on the Elimination of All Forms of Discrimination Against Women has been ratified by some countries since 1990. Recalcitrant countries need to address this as a matter of urgency. The Convention has been extended to the BVI, but whether it has been ratified is unclear. The laws of the BVI which will be discussed later in this document will clearly demonstrate the need for the women of the territory to ensure that the legalized, institutionalized and social forms of discrimination which are a part of their everyday experience are reformed.
Women's health concerns rank high on the list of priorities for women in the region. Unfortunately, women are not usually the ones who dictate the policies governing the allocation of resources or even legislation regarding their health. Numerous conferences have been held, regionally and internationally, in order to provide women with opportunities for deliberation and action planning. In fact, the NGO TREATY ON POPULATION, ENVIRONMENT AND DEVELOPMENT (1992) encapsulated the major thrust of their demands in the following statement:
The absence of women among the elected representatives of the BVI and the presence of only one appointed female in the legislative and executive councils means that women have little or no say in determining policies which affect their bodies and their lives. In the entire Caribbean there continues to be discrimination, whether it be legal or socialized regarding the rights of the school-aged girl and boy to continued education after childbirth of pregnancy. While boys are allowed to continue their education, girls are ostracized. The education and training choices of males and females indicate that while men are choosing the technical and more highly paid jobs, women are choosing the social and lower paid jobs. The question of competence, aptitude, or eligibility does not qualify as the deciding factor, because more females than males are noted to attend and complete secondary and tertiary education. Hence there appears to be socialization factors which predicate the choices. The low value which is placed on the work women do at home or in the workplace also provides them with less economic and position power. Paragraph 120 of "Forward looking Strategies for the Advancement of Women" which was ratified by the United Nations in 1985 at the World Conference of the UN Decade for Women in Nairobi, speaks to this in the following statement:
This paragraph has been included in 'A Petition For All Women To All Governments - Women Count - Count Women's Work' which was issued by International Wages For Housework Campaign and International Black Women for Wages for Housework, (London). Nursing has been cited as an area of work which is predominantly serviced by women and which has received so little recognition that the consequent drastic decreases in labour power threaten the delivery of health services, locally, regionally, and internationally. Exploitation of women in the workplace include sexual harassment. Some women are not aware of what constitutes sexual harassment and what their response should be. The American media, (pervasive in the Caribbean) in all its forms has contributed to the sexual exploitation of women. There is, however, presently a wave of consciousness (one of the effects of the women's movement) which is creating pressures against this form of sexual exploitation. The abuse of women and children in prostitution and pornography, however, continues to a concern. George lamming (Anguilla, 1994) created an interesting analogy when he referred to the tourism industry as PLANTATION PHASE 11. He went on to refer to hotels as 'service stations" where we train people to serve those who pay for the services. The workers who usually receive the lowest remuneration in these "service stations' are women and so here again the discrimination is evident. Even the church as a social structure is discriminatory in its relationship with women. Women have been held captive for too long by the patriarchal structures and mentalities represented by church authorities and society. These have served to justify oppression and 'violence against women's minds, bodies, and spirits' (Parvey, 199 ).Women are currently working at affirming their equality in God and Christ and at gaining visibility in the Bible. There is a move towards creating gender inclusive language in church services and in the Bible itself. However, recent opposition towards the ordination of female priests shows that the resistance of centuries will prove to be a serious deterrent to women's acceptance as equals in Christ. Women have long appreciated the fact that in order to influence the decisions which determine the nature of their existence they must become involved in the political process. However, women continue to be underrepresented in regional and international parliaments. The shift in this area will not occur spontaneously. On the contrary, the process must be carefully planned:
A. THE SITUATION IN THE EARLY 1980's It was not until October of 1992, that any Government machinery for the advancement of women in the British Virgin Islands was established. The territory was not involved in the activities that marked the International Decade for Women and did not participate in the Copenhagen or Nairobi Conferences. As a British Dependent Territory, however, the United Nations Convention on the Elimination of All Forms of Discrimination Against Women was extended to the BVI by the United Kingdom in 1986. The early 1980's was a period which saw expansion in the tourism, construction, transport, communications and financial services sectors in the territory. This growth in economic activities was accompanied by an increase in the demand for labour which could not be provided by the local labour force. This resulted in a high rate of in migration. Between 1980 and 1991 the net migration inflow totalled 3,154, with about 44.8% of these being female, and accounted for 62% of the 80% intercensal increase. By 1991 the foreign-born population of the British Virgin Islands accounted for almost 50% of the entire population. This increase in economic development and population was not accompanied by the realization of equality for women. like elsewhere in the Caribbean, women in the British Virgin Islands who accounted for 48.9% of the population (Table A:1), found themselves struggling against legal, institutional and social forms of discrimination.
TABLE A: 1
TABLE A: 2
Women were absent from the highest levels of decision-making within the legislature. As a British colony, a great deal of executive power was allocated to the male representatives of the administering power. The local legislative and Executive Councils were made up entirely of men and the welfare and status of women was a top priority. Women were severely underrepresented in administrative and managerial positions as well as in those higher paying occupational sectors like economics, construction, accounting, finance, engineering, and science. They were congregated instead, in the traditional "female" sectors which included nursing, teaching, domestic, service and clerical categories. Constitutional laws like the British Nationality Act which stipulated the citizenship of the British Virgin Islands discriminated against children born in the territory of foreign parents or born out of wedlock to non-national mothers. Women, unlike their male counterparts could not transfer belongership status to their foreign-born spouses. In addition, a woman who bad gained belonger status through her husband would have her status reverted to that of a non-belonger if she remarried a man who was not deemed to be a belonger. Similarly, if the woman's belonger status was acquired through certification, this status would be reverted to that of a non-belonger if she married a non-belonger. (Legall 1988:18,19). Common law marriages, prevalent in the British Virgin Islands and throughout the Caribbean, were not recognized by law, leaving women and illegitimate children at a disadvantage. Women were also discriminated against in terms of acquisition of property rights and certain property aspects on the ending of a marriage. Violence against women surfaced as a major problem during this period, but there were and still are no specific statutes against domestic violence or even rape. These offences were addressed under the Offences Against Persons Act and the Criminal Law Amendment Act. Indecent assault on a girl carried a maximum term of imprisonment of two years, while indecent assault on a mate carried a maximum four-year term. The Infant life Preservation Act permits abortion to preserve the life of the mother, but women's right to control their bodies is restricted under the Offences Against Persons Act. This Act made abortion illegal and negated even the permission to have abortion to save the life of the mother. Women who came to the territory in search of a better life took jobs not wanted by non-British Virgin Islanders and some who became pregnant were sometimes faced with repatriation. In addition, there was no law for women in general to address sexual harassment. Sexual harassment became a problem, especially for immigrant women who were threatened by deportation. Women were underpaid for certain jobs and in some instances still were not receiving equal pay for work of equal value (Harney et al 1992). It was in this context, where women's lives were negatively affected by abuse, legal and social discrimination, inadequate child care services and lack of representation in the decision-making process, that in 1988, the Women's Focal Point, an umbrella organization for women's groups was established. The organization immediately identified some of the problems and issues affecting women and called for the establishment of government machinery to address the situation.
B. CHANGES SINCE THE EARLY EIGHTIES 1. THE SHARING OF POWER AND DECISION MAKING Like most of the other Caribbean islands, the post-Columbian history of the British Virgin Islands saw the introduction of colonialism along with slavery, capitalism and consequent economic exploitation by Europeans as they battled for global economic and political supremacy. These historical developments have left a legacy not only of economic and political dependence, but also of patterns of inequalities based on race and gender. The political, economic and social structure of the British Virgin Islands was changed with the coming of Columbus in 1493 and under the present Virgin Islands Constitution Order the territory remains a colony of Great Britain. Any consideration of the distribution of power and decision-making within the territory, therefore, must take into account that as a colony, a number of important decisions affecting all levels of society are made outside the territory or by expatriate officials. GOVERNMENT The British Virgin Islands Constitution which was designed in Britain, provides for a Governor who is appointed by the Queen, a Deputy Governor, who is designated by the Queen, an Executive Council and a legislative Council. The position of Governor has traditionally been filled by a male citizen of the United Kingdom. He is responsible for defence, external affairs (including international relations, consular services, treaties and conventions), internal security (including the police and the courts), the public service and the Judicial and legal services, the establishment of Commissions, the National Advisory Council, as well as some home affairs (including passports, nationality, visas, and disaster preparedness). The Governor also holds reserved legislative powers under the authority of the Secretary of State for Foreign and Commonwealth Affairs of the United Kingdom for the exercising of his responsibilities and is only required to consult with the Chief Minister on these matters. On other matters, however, he is required to act according to the advice of the Executive Council. The Deputy Governor is responsible for the administration of the Governor's office and may at the request of the Governor sit in the Executive Council. This position is presently occupied by a local male. The Chief Minister is appointed by the Governor from among the nine elected members of the legislative Council. The Governor normally chooses the elected member most likely to command a majority in the Council to assume this office. Acting on the advice of the Chief Minister, the Governor also appoints the other Ministers of Government. The Chief Minister and the other Ministers have responsibility for any government business which does not come under the jurisdiction of the Governor. This includes the areas of Finance, Economic Development and Planning, Tourism, Natural Resources, Communications and Works and Social Services. The Executive Council, the territory's executive body is chaired by the Queen's representative, who-is the Governor. It includes the Chief Minister, three other Ministers and the Attorney General, who is an ex-officio member appointed by the Governor. The legislative Council is composed of a Speaker, who is chosen from outside the Council, one ex-officio member who is the Attorney General, and nine elected members who represent single-member constituencies. There is also provision for an Official leader of the Opposition. The Executive Council usually clears Bills in draft form before presenting them to the legislative Council for debate. Bills passed by the legislature can only be signed into law by the Governor. While the legislature has the power to make laws for the peace, order and good government of the territory, the administering power has this ultimate authority and all legislation must be submitted to the Governor who may assent or decline to assent. In the final analysis, Buckingham Palace has the power to disallow any Bill assented to by the Governor. The colonial status of the British Virgin Islands has left a limited amount of power allotted to the local government. This was evidenced in the recent disagreement between Britain and the local government over the introduction of an at 'large system' for political elections. The local government opposed the introduction of this system, but this did not affect Britain's power to implement it. This exclusion from power and decision making is even more pronounced when the gender factor is taken into consideration. While twentieth century BVI women have been contesting seats in elections since 1972, to date, not one has been successful. Consequently, the position of Chief Minister has always been held by a male and all the other Ministers and elected officials have also been male. (See Tables 1:1 & 1:2). The only women to break the tradition of an all-male legislative Assembly and Executive Council, have been those who have been appointed to the post of Attorney General, as the Attorney General is an ex-officio member of these bodies. While this has allowed for female representation, the fact remains that women have not yet broken through the electoral barriers to serve as elected representatives. Although the British Virgin Islands comprise some forty islands, with the most populated ones being Tortola, Virgin Gorda, Anegada and Jost Van Dyke there is no local government representation specific to the islands. The whole territory is divided up into nine electoral districts. TABLE 1:1
TABLE 1:2
TABLE 1:3
A number of reasons have been offered for the absence of elected female representatives in the legislature. These have ranged from the traditional stereotypic claims that politics is "too rough a game" for women, to those who blame women themselves for not being interested, not being well prepared when they have contested the polls, and not having the ability to "network like the men'. Some claim that it Is women's image of themselves which is the greatest obstacle to women's ascendancy to political office and that women must give themselves "permission to succeed". Others point out that men deliberately exclude women from their cliques, because they feel that women have no place in these arenas of power, while others contend that the women who have to date presented themselves for political office have not been well supported by the political parties they represented. Some British Virgin Islanders feel that electoral reform is necessary because the district system of nine constituencies consisting of one thousand voters or less, favours men and makes it difficult for women to break through. Some of those interviewed felt that women would stand a better chance of being elected to the Legislature in an "at large" system because the district system acts to restrict the ability of newcomers to become elected. These explanations, however, exclude reference to the fact that historically, the common law of Great Britain and the British Virgin Islands has served to discriminate against women. In the late nineteenth century several rulings emphasized the fact that women had no voting rights and consequently did not have the legal right to offer themselves as political candidates or even cast a vote to elect a member of parliament (Legall 1988). In one landmark case, Beresford-Hope v lady SandHurst (1889), legal] notes that a woman who had contested an election and obtained the majority of votes and was consequently declared to be elected was challenged by a man who claimed the seat on the grounds that the woman was disqualified from holding the seat based on her gender. The court held that women were incapacitated legally from holding seats in council and that the votes that the women had received had to be considered as having been 'thrown away"(Legall 1988:11). The legacy of these discriminatory rulings still continues to affect women politically as well as socially in the British Virgin Islands, but in addition, the modern laws have also served to exclude the election of certain women to the legislative Council and prohibit them from enjoying certain residential rights and privileges (Legall 1988). According to Section 28 of the Constitution, anyone who is "deemed to belong to the Virgin Islands" is qualified to be elected to the legislative Council. Section 2(2)(e), however, debars any woman who having obtained citizenship by certificate, then marries a person who is not deemed to belong to the Virgin Islands. In other words, any woman who derived her right to be called a belonger of the British Virgin Islands other than by birth, forfeits this right and the right to hold an elected political office if she chooses to marry someone who does not have belonger status. The discriminatory nature of this section of the Constitution, legal] (1988) points out, is that the said section does not similarly debar a man . In other words, a man who obtained citizenship by certificate and marries a person who is not deemed to be a belonger, does not "constitutionally cease to belong to the Virgin Islands and therefore would be eligible for election under Section 28(b) of the Constitution'. This discrimination against women becomes more serious when we consider that according to the latest census, about fifty per cent of the population is made up of foreign nationals, increasing the likelihood that more women could be alienated. In spite of the many colonial, social, economic and political factors which hinder the political advancement of women to the highest levels of government, some are quick to point out that there are quite a few women in prominent positions in the British Virgin Islands. It is one of the few territories that can boast of a female Attorney General. Two of the five (40%) of the Permanent Secretaries are women and slightly less than half of the government departments statutory boards and other agencies are headed by women (Women's Desk 1994). PARTICIPATION IN THE ECONOMIC AND ADMINISTRATIVE SECTORS Women, who make up 48.7% of the population are still underrepresented in the economic decision-making and the administrative and managerial arena, however. (See Tables 1:4 & 1:5). Of the 685 employers or own account workers in 1980, 144 or 21% were women. While female participation in this sector grew by 7.7% by 1992, only 301 of the 1088 persons in this category were women. In the administrative/managerial sector, the number of female participants grew from 66 (31.6%) in 1980 to 334 (40.7%) in 1992. TABLE 1:4
TABLE 1:5
While it is obvious that female participation in these areas of decision-making has been increasing over the years, women are still underrepresented, for the majority of female workers are still concentrated in the service or clerical sectors. JUDICIARY The Constitution of the British Virgin Islands and other Dependent Territories does not establish or create the judiciary . It is established instead by ordinary legislation (Legall 1988). The law of the land is the common law of the United Kingdom of Great Britain and Northern Ireland, together with the locally enacted legislation. The law is administered by the Court of Summary Jurisdiction, the Magistrate's Court, the Juvenile Court, and by special arrangement, the Eastern Caribbean Supreme Court, which comprises a High Court of Justice and a Court of Appeal ( UN Special Committee on Decolonization - Working Paper 1992). Women make up about 33.3% of the lawyers and some of the visiting judges have also been women. CONCLUSIONS Although, according to the statistics presented later in this report, women seem to be more advanced in terms of education than men, by and large men constitute the overwhelming majority of the persons who make the decisions which influence policy developments. This is amply illustrated in the establishment of an influential task force on investment in 1993. As pointed out by the Women's Desk, only two of the eleven appointees were women. As 1995 approaches more attention is being drawn to the under-representation of women in the higher levels of the decision-making process. One of the awareness-building programmes organized by the Women's Desk has been a "Women in Politics" seminar, aimed at educating women about the techniques of successful campaigning (Women's Desk 1994). It is hoped that such thrusts will help equip women to break through the traditional barriers and participate in the higher echelons of the decision-making process. The creation of a law Reform Committee in December 1993, another result of the efforts of the Desk, should also assist in the elimination of the legal discrimination which prevent certain women from participating in the parliamentary process (See Section 3 for further discussion). While certain amendments to the Constitution will contribute to the implementation of legal equality for women, as a British colony, the only means for British Virgin Islanders to gain access to the highest levels of decision-making and power , is the acquisition of independence. While some feel that the colony is not ready for independence, like most of the existing colonies it is not an issue which has received much public debate and discussion. This in itself, however, must be addressed in the context of equal sharing of power and the decision-making for both women and men.
2. MECHANISMS TO PROMOTE THE ADVANCEMENT OF WOMEN It was some seventeen years after the declaration of the International Decade for Women, in October of 1992, that governmental machinery for the advancement of women in the British Virgin Islands was established. The Women's Desk was created as a result of the lobbying efforts of the Women's Focal Point, an umbrella body for the various non-governmental women's groups in the territory which was mandated to press for change. The Women's Focal Point group was established in October 1988 out of the expressed need for some type of machinery to focus on the growing number and intensity of the issues and problems which were affecting women in the territory. The mandate for the increasing pressure on government came out of the now historic 1988 national seminar on women. This forum identified the main problems affecting women in the British Virgin Islands as inadequate child care services, the abuse of women and children, the lack of representation by women within the legislature - the highest decision-making body; and inadequate legal coverage for women in the society. (Quoted in Harney et al 1992). In advocating for change in these areas, the Women's Focal Point proposed that Government establish a Women's Desk. The Desk, the group argued, would be responsible for educating the public about gender issues, the development of women and the need for women to be fully integrated into the development process. The specific objectives outlined for the Desk included:
Four years after the submission of this proposal, Eugenia O'Neal, a former Information Officer, was appointed to the Women's Desk in the Chief Minister's Office. The Desk, literally, is physically located within the department of Information and Public Relations and is staffed by one person who, until recently, shared a cramped office with an Information Officer. The restricted office space and the lack of any formal support staff presents some obvious difficulties for the Desk to carry out its mandate, and the Officer in charge has had to rely on the support of the other Departments in the Chief Minister's Office. Operating with a budget amounting to less than 0.02% of the national budget, the Desk acts as an advisory body to government departments and ministries on "women's affairs", and also organizes programmes and co-ordinates projects with private and public sector agencies. Its terms of reference include;
Realizing that there is great disparity between the few prominent women in the society who have apparently "..made it" and the majority of the invisible women who struggle to survive in the face of inadequate incomes, food, housing, health services, domestic and sexual violence, the Desk's goal is to strike a balance in catering to the needs of women at all levels of the society. Since its inception it has launched a series of public awareness and education campaigns aimed at all levels of society. Its Plan of Action to the year 2000 includes:
The implementation of this Plan of Action has seen the Desk, now in its second year of operation, forging important linkages with other government departments. Its programmes call for the involvement of the Health, Social Development, Education, legal, Police and labour Departments, as well as the Development Planning Unit. The Development Planning Unit, in particular, has committed itself to provide gender-based statistics on income, expenditure and all other economic activities. Other departments are also being made aware of the need to have these types of statistics in order to provide a data base to be used in the formulation of gender-specific policies and programmes. The Desk's inter-departmental linkages allows it to refer persons seeking assistance to the appropriate departments for services such as counselling, legal aid and welfare. In turn, its seminars on domestic violence and sexual abuse have been aimed at sensitizing police officers, members of the Social Development Department and the general public to the issues surrounding physical and sexual violence. A project aimed at forming a low-income workers association is being carried out in conjunction with the labour Department with assistance from the Social Security Board and the Immigration Department. One important achievement has been the creation of a law Reform Committee which will review the legislation relating to women and make recommendations to Government. The Committee is made up of representatives from the Women's Desk, the Attorney General's Chambers, the Social Development Department and non-governmental organizations. The Desk also ensures the consideration of gender issues in the formulation of policies, programmes and projects in other government departments. This has included submissions to the Constitutional Review Commission and the Health Reform Project. The establishment of the Women's Studies Section at the Public library should highlight the importance of these issues at that department as well. The Women's Desk which was established at the instigation of the national women's group, also works in close collaboration with non-governmental church and community organizations including the Family Support Network, a group which provides services for victims of domestic violence. The Desk has collaborated with this group and other groups like the Sea Cows Bay Community Club and the Methodist Women's Guild to organize public education programmes on female/male relationships, constitutional law, health and nutrition. The placement of the Women's Desk in the Chief Minister's Office for administrative purposes, its physical location in the Department of Information and Public Relations and its staffing by a former Information Officer allows the division a high degree of visibility, exposure and political viability. The Senior Administrative Officer has capitalized on this to accomplish the goals of the Desk and has made extensive use of the print and voice media in public awareness efforts. Given the multi-island nature of the British Virgin Islands and the challenging Plan of Action for the Desk, it is quite obvious that a one-person unit is insufficient to carry out its mandate. Additional staff and resources are required in order to make the Desk more viable and responsive to women's needs in the territory and to allow it to initiate the social action and legal changes that will impact positively on the lives of women. Currently, most of the Desk's activities have been focused on Tortola. This has been due to the lack of adequate mechanisms and human resources, but it has led to the reinforcement of feelings of alienation on the part of women in the "out islands". At a consultation in Virgin Gorda women claimed that not enough emphasis was placed on these 'out islands" and felt that programmes should be developed specifically for their island. They recommended that as a start, the Desk should forge linkages with the service organizations on Virgin Gorda in order to strengthen its ability to respond to the needs of the women on that island. While Tortola accounts for about 80% of the population it is important that additional mechanisms for the advancement of women be established in the other islands. It is critical that the programmes and projects be undertaken simultaneously on all the islands in order to avoid the perceptions of bias and favouritism which would only detract from the overall objectives. While the Desk has been able to forge linkages with other government and non-government agencies the format establishment of focal points for the advancement of women within government ministries would facilitate the process and strengthen the Desk. Efforts should also be directed at consolidating the relationships between the Desk and the women's non-governmental organizations. More concerted action in these areas could only enhance the move for equality development and peace.
NON-GOVERNMENTAL ORGANIZATIONS Records indicate the existence of at least 17 non-governmental church and community service women's organizations. (Harney et al 1992). While all of these may not be active, the activities of agencies whose efforts are directed at the advancement of women are highlighted here. Some of them have special programmes which may be effectively duplicated elsewhere. The Family Support Network The Family Support Network ~(FSN) was established in 1981 as an outreach ministry of St. George's Anglican Church. It has since evolved into a non-denominational community service organization. Currently under the Directorship of Marlene Penn-Evans, the group is especially noted for services provided to victims of domestic violence, the overwhelming majority of whom are women. FSN provides short-term shelter, group counselling and referrals to the Social Development Department as well as to a psychologist. It also organizes educational seminars aimed at increasing awareness about the various forms of abuse, as well as the causes of stress and the development of coping skills. The group, comprised mainly of women, meets weekly and is now seeking to establish a Crisis Centre. FSN has collaborated with the Women's Desk in its awareness building campaigns, co-sponsoring workshops like the one on 'Women and the Constitution', and the Desk is also assisting FSN in the drive to establish the Crisis Centre. The BVI Council on Alcohol and Drug Abuse (CADA) CADA is a non-profit community organization whose aim is the prevention and reduction of alcohol/drug abuse problems. Established in 1981, it is governed by a Board of Directors and has a salaried Executive Director and 121 members. CADA collaborates with the National Drug Advisory Council and, through the Council, introduced a community-based drug treatment model for an Out-Patient Drug Treatment Facility in 1992. Its programmes include Alcoholics Anonymous, Narcotics Anonymous, A]-Anon Family Group, and Food Addicts Anonymous. In addition, it has established an Employee Assistance Programme which is run by a family therapist and, provides help to deal with substance abuse and other personal problems CADA also conducts Work Release Programme for the Prison. The organization, which is led by Executive Director Joanne Penney, also has a female President and Vice-President and has established a Women's Group. This therapeutic group is led by a trained psychologist and addresses the impact of substance abuse problems on the lives of women. The weekly, lunchtime session costs $10.00, but CADA provides subsidization if it is necessary. CADA's public awareness campaigns have included information on drugs and pregnancy and the 'Fetal Marijuana Syndrome' in particular. CADA has a 24 hour hotline, as well a resource library and a Server Training Programme which provides on-going training in Responsible Beverage Service. CADA emphasizes proper responsibility to children and has initiated a school programme, CADA also provides support services for Parent's Meetings and is exploring the implementation of 'Babes' a puppet story-telling prevention programme for preschool and day care centres. In its efforts to provide efficient services, in 1992 CADA conducted Community Resource Meetings and created a Community Referral Network Directory. CADA has also made submissions to the Constitutional Review Commission calling for, among other things, the amendment of the BVI Constitution to reflect 'the UN covenants that guarantee women the right to equality before the law, the right to nationality, the right to marry/found a family and the right to vote.'(CADA letter to the Constitutional Review Committee, November 1993). Tortola Ladies Club 'A fellowship and community service organization', the Tortola Ladies Club was another one of the organizations which was established in 1981. The objectives of the 65 member group include the promotion of friendship and understanding, learning from each other through speakers and interest groups. The group which provides grants and services to special projects like CADA, the Adina Donovan Home for the Elderly and an Annual Community College Scholarship. (TLC Membership Application Form). TLC has recently adopted a more "activist" direction has undertaken to increase awareness among its members about the problems affecting women, including domestic violence and rape, the plight of domestic workers and the need for lobbyists on women's issues. (Women's Desk Report 1993). The Club has also made submissions to the Constitutional Review Commission calling for amendments to sections of the Constitution which discriminate against women and ensuring the rights of the child. Methodist Women's Guild This group which was reactivated in 1988, offers enlightenment and the enrichment of spiritual well-being through guest speakers, creative activities and friendship and is open to members of other denominations. The group has organized discussions on various issues affecting women including stress, discriminatory laws, AIDS, effective parenting and domestic violence, and has expressed concern about the lack of a shelter for victims. Lions Club of Tortola II Formerly the Lionesses Club, members opted to separate when international developments led to the merging of the Lions and Lionesses Club into Lions Club, in order to ensure female leadership and focus. The club however, may admit males. It is involved in a number of community projects including a Diabetic Awareness Programme, Sight First, assistance to the elderly, the disabled and children. The group also supports the Health Department's Immunization Programme. Women's Focal Point As noted above, this organization was established in 1988 and succeeded in getting Government to set up the Women's Desk to deal with the issues facing BVI women. The organization which has not been very visible or vocal since that accomplishment of its original goal, is now identifying its next goal (CADA, 1992).
CONCLUSIONS While the preceding overview of the mechanisms for the advancement of women in the BVI is unlikely to be comprehensive, it does point to the existence of government machinery which has made considerable impact in its short term of existence. This has been accomplished in spite of very limited human and financial resources. The creation of strong collaborative relationships between the Desk and many of the non-governmental service organizations, many of whom have developed their own special programmes for women, can only work for the development of a more equitable society. This process, however, will require Government's financial commitment and the allocation of support staff in order to allow the Desk to accomplish its goals and extend its work to all areas of the territory.
In spite of impressive pronouncements of the virtues of equality of the sexes, many developing countries and indeed some developed ones, still have in place legal mechanisms which foster inequality of the sexes. When one wonders at the logic behind these inconsistent positions, one comes up with the possible answer that the particular aspects of this inequality are not specifically known, though known generally; or that there is an indifferent attitude towards this problem. In either case, remedial action is not being fully taken ... for in the BVI there can be found in the legal system scattered pieces of legislation which, it is submitted, discriminate against the woman. (Legal] 1988:1). In his comprehensive overview of 'Women, Discrimination and the Law in the British Virgin Islands', Oswell Legall, a former Senior Crown Counsel in the Attorney General's Chambers argues that the BVI's adoption of the UN Convention on the Elimination of All Forms of Discrimination Against Women in 1986, obligated the Government to conform to the Convention by taking remedial legislative action and by seeking to eradicate all forms of discrimination against women in the society. Legall uses his familiarity with BVI, British and other laws to locate the de jure and de facto instances of discrimination against BVI women in the context of traditional common law practices. He notes that:
Historically, inequalities have been prevalent in areas of contract, property ownership, tort (wrongful acts), voting rights and residence among others. Up to the beginning of the twentieth century a married woman's inability to own property .or make a simple contract, or to sue was compounded by the fact that women in general, were not even considered . persons' when it came to voting, and even those women who possessed freehold interest were barred from voting or holding political office. Added to this, a woman lost all property rights on her marriage, as everything she owned became the exclusive property of her husband. The basic assumption was that a woman was not capable of being able to represent or maintain herself and was not seen as a person distinct from her husband. Progressive legislation has rectified some of the common law discriminations against women, and today, the remaining discriminatory laws in the BVI are being reviewed. This has come largely from Legall's exposure of these laws and the education and awareness building programmes initiated by the Women's Desk and other groups like the Family Support Network. In recent times in its drive to effect changes in the legislation, the Women's Desk has drawn public attention to Legall's work and initiated the establishment of a legal Reform Committee in December 1993. This Committee is currently reviewing all the legislation applicable to women with a view to their reform which should bring the laws into closer conformity with the Convention. (O'Neal 1994). It was recommended that the Committee use Legall's review as a base. This section of the report also draws heavily on Legall's work. Changes in the legislation have seen women's acquisition of voting rights and the right to be elected to Council, but most of the amendments and remaining discriminatory aspects centre around women's role within the family. The Married Women's Property Act (1897) This Act made some significant changes to the status of married women. She gained the right to own property independent of her husband, make contracts and be held liable for her own actions. While the woman came to be viewed as a separate person distinct, from her husband, the legacy of the 'non-person' status of the married woman still influences her position under the common law and in the society at large. The Matrimonial Causes Act Chapter 48 This Act stipulates that the grounds for divorce are adultery, desertion, cruelty and insanity.
Legall points out, however, that under common law there are specific provisions which allow the man and not the woman to have the marriage dissolved. The Matrimonial Causes Amendment Act (1986) This Act gives a BVI married woman the right to establish residence independent of her husband's residence. The Act stipulates that 'the married woman's domicile shall not be deemed to be the domicile of her husband and that she may independently change her domicile'. (Legall 1988:59). Until this amendment in 1986, a married woman was not legally allowed to take up residence independent of her husband. The Maintenance of the Household Based on a number of common law decisions which have been handed down by influential judges indicating that it is the wife's duty to manage the household and do the housework, Legall recommends that the 'law in the BVI should take the initiative and make it quite clear that housework is the responsibility of both parties to the marriage'. He notes that this could be done by making an appropriate amendment to the Marriage Act or the Matrimonial Causes Act. (1988:37). Regulation 6 of the Pensions Amendment Regulation (1962) This provides for the early retirement upon retirement of a female government officer after five or more years of service. This Regulation, Legall notes, makes the assumption that a female public servant would wish to retire to take care of the home on marriage and encourages the woman to leave the service on getting married. This possibility of early retirement of married females could negatively affect their chances for job training and career advancement. Conjugal Rights It should be noted that while women have been granted the right of domicile, BVI common law gives the husband the right to apply to the court for restitution of conjugal rights in cases where the wife is guilty of not cohabiting. The law grants no corresponding right to the wife. Further, the husband has the right to maintain an action for damages against any third person whose wrongful act deprives him of his 'wife's consortium'. According to Legall, research has not produced any corresponding right of consortium for the wife. (1988:32). The Maintenance of Spouses Section 114 of the Magistrates Code of Procedure Act Chapter 45 of the laws of the BVI states that:
While this Act seems to indicate no gender discrimination, Legall points out that because the Act does not state who is under a duty 'to provide reasonable maintenance', the common law definition of such a person will have to be taken. At common law, he notes, it is the husband who has such a duty and riot the wife. This is probably why it is automatically assumed that it is the husband who must pay maintenance to the wife, and it is only when the court is satisfied of his insufficiency that the woman is ordered to pay maintenance. Legall argues that the notion that the husband has the legal duty to maintain his wife is a handdown from the historic common law view that the woman was not physically or mentally capable of taking care of herself. He suggests that the BVI replace this legislation with legislation similar to the United Kingdom's which leaves no room for ambiguity. The Legitimacy Act, Chapter 234 This Act makes provisions for the legitimation of persons born outside of wedlock. It further stipulates, however, that such legitimation can occur only 'if the father of the illegitimate person was or is at the date of the marriage domiciled in the BVI' This subsection does not give the right of legitimation to the mother, and as Legall points out, even the father who may establish residence outside the BVI after marriage, or who may die, has this power, while his wife who may be alive and well in the BVI has no such right. It should be pointed out here that the law of inheritance with respect to children born out of wedlock, is one that should also be given consideration under any legal reforms. Granting equal status to illegitimate children would take into reality the fact that more than half of children born in any given year in the BVI and the Caribbean are born out of wedlock. The Guardianship of Infants Act, Chapter 233 This Act grants the mother equal rights with the father in applying for custody. The legislation stipulates that in these cases it is the 'the welfare of the infant' which is given "paramount consideration". On the death of the father, the mother will be declared guardian and similar provisions prevail if the mother dies, and either father or mother (before death) may appoint a person to be guardian by deed or will. This equality is dispensed with within Section 5 of the Wills Act as it relates to the disposition of the custody of an infant during the father's life time. Only the father is given the power to dispose by will, the custody of a child. (Legall 1988:59-60; also quoted in Roett et al 1992:51). Income Tax Act Section 22 There are other instances of discrimination against the married woman and among these is the requirement of the Income Tax Act Section 22, to have a married woman's income charged in the name of her husband instead of her own name. While there is provision for the wife to pay her proportion of taxes separately, there is no requirement that a married man's income be deemed to be his wife's income. (Legall 1988:60). Common law Unions or De Facto Relationships Like in many other Caribbean countries, common law unions are prevalent in the BVI, but they are not recognized by law. The woman in a common law union in the territory does not have any legal right to the property which may be in the man's name; this, despite the fact that both of them may have contributed to the development or accumulation of the property. In addition, persons in a common law union, living together, but not legally married, cannot jointly adopt a child, even where one of the persons is the natural parent of the child. Further, under the Intestates Estate Act (Chapter 40) a woman in a common law union is not entitled to a share in the property of her common law partner when that partner dies. Given that common law unions were part of the historical developments of post-Columbian BVI and other Caribbean nations, serious consideration should be given to these unions and the negative effect that the laws have on women's rights to property within the relationship. The legislation is also reflective of the tendency to belittle women's contributions to the family and also of the practice of ignoring women's unwaged work, the work carried out in the maintenance of the family. Women in common law unions, even more than women in legal unions, must be aware of the importance of having property registered in their names and in securing documents which can support their ownership claims in the event of separation or in the event that their partners die intestate. Citizenship and Immigration Rights The question of equality with regards to citizenship is perhaps the issue which has received the most public attention. The BVI is a British colonial territory and there is therefore no local Citizenship Act. As in the other British colonies, it is the British Nationality Act 1981 which stipulates who is entitled to citizenship in the BVI. This Act, which some claim is "an instrument whereby the UK has decided to use the BVI as an outlet for some of its people" (Legall 1988), treats women and men equally as far as achieving citizenship is concerned. The inequalities, Legall points out, arise in the local application of the legislation, for it is only after citizenship is conferred on the woman that she faces inequality in respect to immigration and Council membership matters. Section A and Section B (1) of this report have highlighted how the Section 2 (2) (e) discriminates against the woman who, having obtained belongership through marriage or certification and then marries or remarries a non-belonger, has her citizenship revoked and her status reverted to that of a non-belonger. These provisions do not apply to the man. Section 2 (2) (f) also discriminates against women in that the BVI man can confer belongership status to his foreign-born spouse, but the BVI woman does not have this same right. In addition, according to Section 2 (2) (h), as long as a woman remains the widow of a BVI man, she maintains her belongership status. The same does not apply for the widower of a BVI woman. legall argues that these sections which are reflective of the BNA of 1948, are discriminatory in that they make the man and not the woman, the operating vehicle for the conferment of belonger status. Some of the legal restrictions which these inequalities place on women have been noted in the preceding chapters, but 27 the fact is that they also restrict the woman's choice of mate as she may be forced to choose citizenship or marriage. With the launching of the education awareness programmes, these discriminatory sections have been the subject of much discussion in women's groups and other fora and they were also raised in the interviews and national consultations leading up to the writing of this report. They have also been part of the recommendations for change submitted to the Constitutional Review Commission. (E.g. Submission by CADA and The Tortola Ladies Club). Immigration Under section 18 (1) of the Immigration and Passports Act 1977 any person has the right to apply for a certificate of residence. Section 18 (2), however, allows the man to have his certificate endorsed to include his "wife and any dependent child". The same right is not extended to the woman who has obtained a certificate of residence. This discrimination seems to have been extended to other immigration policies, in that male work permit holders have less difficulty including their mates on their work permits, while it is discouraged for the female holder of a work permit. The preference given to the man is also evident in the Passport Application Form 13, which requires female applicants to give particulars regarding her husband's birth, whether he is dead or alive, but not regarding her own birth. The man, however, is not required to give particulars regarding his wife. Legall notes that this may be an offshoot of the legislation in which a woman takes citizenship from the man and not vice versa. Women and Criminal Law There are no specific laws against either domestic violence or rape; these are covered under legislation like the Offenses Against the Person's Act and the Criminal Law Amendment Act. In the BVI rape is a felony which carries a maximum sentence of ten years imprisonment, with or without hard labour. Rape, which is defined in common law as having sexual intercourse with a woman without her consent by force, fear or fraud, is only considered to have taken place if actual penetration occurs. It is important to note here, that BVI common law renders a male under 14 years incapable of rape. This leaves a female who is raped by a male under 14 years without any legal recourse. The common practice of defence lawyers trying to put rape victims on trial by bringing the victim's sexual history into question violates the rights of the victim and, some women argue, should be prohibited by legislation. In addition, cross-examination techniques regarding the consent and the requirement of corroboration are all aspects of rape trials which cause humiliation for the victim and result in many women opting to suffer in silence. It has been recommended that the law be sensitive to this and create a balance between ensuring the victim's rights and guarding against false accusations. It is noteworthy that while a jury may convict someone accused of rape without corroboration or witnesses, although they are usually warned to be careful about doing so, a jury cannot convict without corroboration in cases which deal with 'procuring girls to have unlawful carnal knowledge'. This 1887 statute is archaic and should be repealed. The Criminal Law Amendment Act 1987 stipulates life imprisonment for the rape of a girl under 12. "Indecent assault" of a 13 year-old-female however, carries a maximum sentence of only two years but the law stipulates a four-year maximum penalty for indecent assault on her male counterpart. In addition, the legislation also stipulates that in these cases the defendant must be acquitted if it "appears" to the jury that the defendant reasonably thought that the girl was above the age of 14. This outrageous legislation is further compounded by prohibiting prosecution after three months have elapsed. Recommendations include amendments to the legislation to increase sentences and extend the period during which prosecution can take place. The Women's Desk has also recommended that statutory rape should apply to victims of sexual abuse who are 18 years and under, instead of those under 12. Incest by males or females is punishable under the Offences Against the Person Amendment Act 1988, and the Desk has argued that the law should make it easier for victims of child abuse to testify in court. This could be accomplished through written statements or the' use of closed circuit television. The Desk has also recommended revisions to make marital rape Illegal. Eugenia O'Neal of the Women's Desk has also argued for revisions to the laws relating to domestic violence. One change recommended by Legall was recently introduced, when Section 5 of the Evidence Act was repealed. This Act which restricted a wife from testifying against her husband was repealed in order to remedy the problem posed for married victims of domestic violence as was the case when a Magistrate dismissed a case of spouse abuse against the husband on the grounds of that Act. (Legall 1988:42,43). Prostitution In the BVI prostitution is a criminal offence which carries a six-month sentence. It is also an offence for any person to allow her/his premises to be used for prostitution. According to Section 29 (2), however, any female who is guilty of forcing others into prostitution faces imprisonment. Women's Reproductive Rights While it is the right of all individuals and couples to decide freely and responsibly the number and spacing of their children, (UNFPA 1994), in the BVI family planning policies seek to hold down the fertility rates through the distribution of contraceptives, information, education and the promotion of sexual health (ICPD Report 1994). The focus on family planning has been the choice of contraceptive rather than the choice about contraceptives. These are not rights which are normally debated in the BVI, but the question of abortion is one which gives rise to debate wherever and whenever It is discussed. Abortion is a criminal offence in the BVI. Under the Infant Life Preservation Act (Chapter 34) it is an offence to commit an abortion except for the purpose of preserving the life of the mother. Chapter 54, Section 53 of the Offences Against the stipulates, however, that abortion is a felony which carries a ten year sentence, and makes no exception for preserving the life of the mother. Whether or not abortion should be legalized is an issue which will, no doubt, be debated in the BVI, but some of those interviewed argue that it should be legalized because many of the females who wish to have abortions go to the US territories where it is legal. If abortion is to be legalized, however, the lobby would probably come from women's groups or groups concerned about the welfare of women. While this may take quite some time, the legislation should be amended to eliminate contradictions concerning abortions to preserve the life of the mother. Rights of the Child Issues relating to the rights of the child, including the girl child, have also been raised in the recommendations to the Constitutional Review Commission. These urge that the Constitution should be in keeping with the UN Convention on the Rights of the Child and provide protection for children from physical and sexual abuse or exploitation, discrimination based on parents' marital status, drug trafficking and drug use. Children should also be assured access to health care and education. In addition, there are calls for the children to be allowed to acquire a nationality, for as pointed out earlier in the report, children born out of wedlock to non-national mothers and national fathers cannot automatically claim citizenship (CADA, 1993 Submission to the Review Commission). The rights of the pregnant teenager to continue schooling in the face of social pressure is another area which is subject to much debate, and supporters point to the fact that there are no similar societal pressures on boys who father children. Labour Code Ordinance (1975) Section C 4 (1) of this Ordinance prohibits discrimination against a worker on the basis of sex. It states:
While the Ordinance appears to protect the rights of the woman, Legall argues that this section gives an employer the power to discriminate in certain circumstances. He points out that there is no need to have the proviso regarding the taking of personnel actions in the Ordinance because common law already gives the employer these powers and including it here may provide a vehicle to discriminate against a woman. Women are also entitled to three months maternity leave under this Ordinance. Sexual Harassment Sexual harassment is not specifically mentioned in the law. Instances of this nature on the job are reported to the labour Department and treated as labour disputes. The Chief labour Officer points cut that most of cases are not reported, however because women are afraid of losing their jobs. Even when complaints are made, women sometimes ask that no action be taken which would involve them. As most sexual harassment victims seem to be immigrant women, there is also the fear of being deported. The Labour Department keeps those companies against which complaints are made under observation and limits the number of work permits issued to them. This method of dealing with sexual harassment obviously has its limitations and points to the need for legislation to prohibit it. Women and immigrant women in particular, need to have confidence in a system which will take action against sexual exploiters and protect them from repercussions. This, of course, will require more than legislation, it will also require the raising of the consciousness of the society with regards to the issue. Human Rights The absence of fundamental rights provisions, such as freedom from discrimination based on sex, freedom of speech and freedom of movement, from the BVI Constitution should also be noted here. Any move to ensure the rights of women should include the entrenchment of these fundamental rights in the Constitution. Language The traditional use of the masculine gender when referring to persons of both sexes is an issue which is raised by many women and women's organizations. Feminine gender is only used when there is a reference to matters relating to women. This has been the case in legislation and in written documents in general. The exclusive use of the masculine gender to refer to both sexes tends to reinforce the myth of male superiority. Attempts should be made, to either use the alternative 'he or she I she or he' or have the equal use of both she and he interchangeably in the legislation. (cf. Legall 1988). Textbook review to ensure equal gender representation is another issue which warrants attention. CONCLUSIONS The preceding review of the legislation and other factors affecting the rights of women in the BVI is not exhaustive, but it does indicate the need for urgent changes and revisions to the legislation. As pointed out earlier in the report the move for change has been initiated by the Women's Desk. The Desk has undertaken various education and awareness building projects since its inception in October 1992. These have included the extensive use of the print and voice media. Government Information Bulletins and newspapers have been used to publicize issues. Pamphlets dealing with sexual abuse and domestic violence have been created and/or freely distributed in areas where they would- be read, like beauty salons and doctors' offices. A radio programme has also been introduced. The popular open phone line method increases public participation and also serves to create interest in and debate on the issues. The establishment of a Women's Studies Section in the Public Library in 1993 is also part of the Desk's programme. This Section contains both written and audio-visual material and has been intentionally made user friendly by its lounge setting. The Women's Desk has also facilitated networking between various community and government groups and encouraged NGO activities geared at promoting the advancement of women's welfare. The Desk's Head has made use of opportunities to speak at several women's and community service clubs' meetings to acquaint them with the issues. This has led to these groups undertaking further initiatives to ensure that their members and others are also made aware of the issues. Numerous discussions have been held by various organizations on the.discriminatory laws which affect women. The Desk has also been instrumental in setting up the Law Reform Committee which is presently reviewing the legislation affecting women with a view to making recommendations for changes to the Government. This is a very important step in realizing the legal implementation of the UN Convention on the Elimination of All Forms of Discrimination Against Women. In addition to the foregoing, the Desk has also made and encouraged submissions on related gender issues to the Constitutional Review Commission and the Health Reform Project currently being carried out by the Ministry of Health. The Women's Desk has also made a case for the creation of gender-based statistics which will serve as a data base for the formulation of gender-specific policies and programmes. This process has already been started by the Development Planning Unit. We would be remiss if we did not give credit to Oswell Legall's contributions to the education awareness process. His work preceded the establishment of the Women's Desk and was underway even before the establishment of the Women's Focal Point, the group which lobbied for the setting up of the Desk. Legall's work was obviously motivated by his commitment to the eradication of gender discrimination. ' His insights and understanding of the issues affecting women have been very useful in identifying the discrepancies and clarifying some of the legal jargon which is usually incomprehensible to the ordinary person. His work has made the education and awareness building process and the legal reform much more effective by concentrating most of the legal inequalities in a single readable document and providing a point of reference for the Women's Desk and the Legal Reform Committee.
4. POVERTY With a 1992 GNP per capita totalling some US$11,000.00, an inflation rate of 3.1%, 56.4% of its population in the labour force and an unemployment rate of only 3.3%, British Virgin Islanders claim that they are able to enjoy a relatively high standard of living, when compared to most of their Caribbean neighbours. Poverty is associated mainly with the high number of immigrants who make up almost half of the population. Poverty is easily identified wherever it exists. It is its measurement, however, which has posed much difficulty for Caribbean analysts. GNP per capita and such statistics are widely acknowledged to be inadequate in assessing the standards of living for an entire population. In acknowledging this fact, the World Bank has recently introduced its Human Development Index in an attempt to assess real human development as opposed to the number-oriented economic development. The 'poverty line' concept which is used in the more industrialized countries, categorizes any household which falls below a certain income level as poor. This indicator, which has its own shortcomings in those societies, is almost inapplicable to most of the Caribbean islands, including the British Virgin Islands (Harney et al 1992). The reason for this, Harney et a point out is that our Caribbean economies are not as highly monetized as the "more developed" countries and in addition, much of our trade is effected via the exchange of goods. This is further compounded by the fact that, like many other Caribbean islands, households in the BVI have been traditionally sustained by remittances from family members abroad. Remittances may be in the form of money, food, clothing and other consumer items. These add to the overall wel | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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