The
Development Planning Unit
Government of the British Virgin Islands

The Status of Women
In the British Virgin Islands

7. VIOLENCE AGAINST WOMEN

'Reports of domestic violence made to the police have risen in recent years as the tables for 1993 (6.23) and 1994 (6.24) below show.

CRIME PREVENTION UNIT
CRIME STATISTICS RELATING TO
DOMESTIC VIOLENCE, 1993

Source: Royal Virgin Islands, Police Force

In the majority of these cases no charges are brought against the perpetrator. In fact, of the 45 cases reported to the police in 1993 only six resulted in charges being brought against offenders and only two of the six made it to court. The charges in one of the cases were later dropped.

Reasons for the low arrest rate include the women's reluctance to press charges and the perception among some police officers that domestic violence is a private affair in which the state should not interfere. This concept is not altogether uncommon in the society.

Earlier in the report we noted Oswell Legall's very comprehensive review of the BVI law as it pertains to women. Legall, LLM, a former- Senior Crown Counsel in the Attorney General's Chambers, Tortola, made reference to a case in a magistrate dismissed the charges against a husband who was charged with wife abuse because the only witness was the wife. The Magistrate's interpretation of the law was that the wife was not competent to give evidence against her husband. According to Legall all that the section (Section 5) said was that nothing in the Evidence Act made the wife competent to testify against the husband but she retained her competence at common law to testify against her husband in cases of violence against her. . Legall argues:

The Magistrate's court should have allowed the wife to testify. Not allowing her to do so has a wider implication than just being wrong. It shows that old prejudices and stereotypes still prevail in certain circles, coupled with a willingness to take away the woman's rights if an apparently suitable situation arises.( p.44).

While Section 5 was subsequently repealed, Legall's powerful statement is one which corroborates the feeling echoed by women interviewed in gathering data for this report that the legal system does not protect women from domestic violence. There is a general feeling of dissatisfaction among women with the response of the police force to their reports of violence against them. Recognizing the need for training, the Women's Desk has conducted workshops for police officers which are aimed at sensitizing them to both domestic violence and rape.

Reports from the Police Department, however, still attribute the low rate of prosecution to the reluctance of women to give evidence. This is not surprising as Legall has described the discriminatory attitude of the courts.

RAPE AND INDECENT ASSAULT

A report from the Women's Desk noted that five cases of indecent assault had been brought to the attention of the police in 1993. These are the only statistics currently available. In his 1988 review of the law pertaining to rape, Legall pointed to several examples of discrimination which will be described below.

In the BVI a boy of under 14 years is legally incapable of actually committing rape even though he is capable of penetration. Therefore there is no protection for a female against rape by a boy under fourteen. As noted earlier, this law has been abolished in the United Kingdom and Legall has also recommended its abolition in the BVI.

Legall also points to discrimination during the trial when the raped woman is dealt with aggressively by the defendant's lawyer and leaves the victim feeling discredited while the accused is acquitted. This treatment leads to the reluctance of other women to go to the police.

The issues of consent and the corroboration of the victim's story are also areas of humiliation for the woman during the rape trial. legal] (1988) makes the following observation: "if raped women believe it is better to suffer in silence than to go to court with the matter, then this is certainly a breakdown in the confidence in the justice system." p. 46.

Other forms of discrimination against females under fourteen years also occur because of the law regarding the time period during which prosecution must begin and the term of imprisonment. For the crime of unlawful carnal knowledge, prosecution must begin within three months. During the trial if it ‘appears' to the jury that the man believed the girl was 14 years or older he will be acquitted. The maximum term of imprisonment for the crime is only two years. Legall recommends the amendment of this statute. The laws of the BVI also provide for the conviction and imprisonment of a woman who controls prostitutes but does not have a similar provision for a man. Therefore a man can, without fear of recrimination or legal action employ and profit from prostitution.

Discriminatory immigration laws also appear to have some relationship with the sexual harassment of women. Frett-Georges (1986) reported that according to one legislator, women from other islands seem to be the victims here.

ACTIVITIES AND PROGRAMMES

With the approval of the Executive Council the Women's Desk has created a committee to look into the reformation of laws affecting women and children. The law Reform Committee had its first meeting in December 1993. The research done by former Senior Crown Counsel Oswell Llegall (referred to this document) on the BVI laws provides that Committee with a definite headstart.

The Family Support Network is in the process of establishing a crisis centre while a programme for batterers is also being set up.

Workshops have been organized for police officers, social workers and other community groups to sensitize them to the issues involved in domestic violence and rape, to improve male/female relationships through an examination of socialization practices and to empower women to take charge of their lives.

The Women's Desk has also set up a Women's Studies Section in public libraries in the Virgin Islands. Here material relating to violence against women and other issues are readily available.

The Desk has initiated discussions on the use of the Sex Crimes Evidence Kit which has been effective in increasing the number of rape convictions in the USVI and the legitimization of the kit in the BVI is being researched.

More than thirty women in the BVI have attended a course in self defense to help them better defend themselves against violent acts.

The Women's Desk has also responded to invitations from several groups to address them on a variety of topics relating to domestic violence, rape and sexual harassment. In addition to this the Desk has used the print medium and the radio to disseminate information on women's health and the abuse of women. Two informational pamphlets which have been produced and circulated are "Stop the Violence" and "Shatter the Myths of Domestic Violence".

The Women's Desk plans to continue to sensitize the community to women's concerns and to collaborate with other groups governmental and rion-governmental and individuals in the community to empower women to "be full and equal partners in the task of developing the territory they call home.' (Women's Desk, 1994).

8.     EFFECTS ON WOMEN OF CONTINUING NATIONAL AND INTERNATIONAL ARMED AND OTHER KINDS OF CONFLICT

This indicator does not specifically apply to the BVI. Issues related to this indicator which do apply have been discussed in the context of other indicators.

IDENTITY

Information for this section is drawn directly -from the reports on the interviews with BVIslanders conducted by Pat Ellis & Associates and the researchers.

The proximity of the British Virgin Islands to the US Virgin Islands, Puerto Rico and the mainland United States has a strong influence on the territory. The fact that most of the visitors to the BVI come from the United States is also significant.

When probed on the issue of independence, adults expressed the view that "the country is not ready, they are too small, they have no resources and therefore would be unable to survive on their own". The experience of independent CARICOM states who have entered into structural adjustment programmes is also used to strengthen the argument against independence.

While adults strongly identify with the Union Jack and "God Save The Queen", youths reportedly have not internalized these symbols, nor do they identify strongly with them. Rather, they are more oriented towards the United States and its culture, which is part of their daily experience, given the prevalence of cable television and the ease of travel between the countries. This situation raises questions about identity and belonging, the future of the country and the role of culture as a vehicle for maintaining a sense of identity and integrity.

IMMIGRATION STATUS

Almost 50% of the population of the BVI is foreign-born with the majority of expatriates coming from other islands in the Caribbean, particulars.; the Eastern Caribbean and the Dominican Republic. Most of these have left their homeland in search of a better standard of living.

A report from the Women's Desk prepared by Eugenia O'Neal, quite succinctly describes the situation and has been-included here:

Most of the immigrants, because of their status, are reluctant to speak on those issues of particular concern to them, many of which are directly related to exploitive labour conditions. Due to overcrowding in the schools and other institutional problems, there are some immigrant women who are discouraged from bringing their children to live with them causing obvious disruptions to family relationships. The children are often left with grandparents or other relatives in the country of origin until the woman is finally allowed to bring them in or feels financially able to do so. In addition women are unable to include their spouses on their work permits - a privilege reserved for male immigrants.

Many immigrant women work in low income jobs; some work two shifts or have more than one job. This takes an obvious toll on their health, their ability to take part In the developmental process or to better themselves and works to restrict their choices in all areas of life. Efforts to reach out to them have been confounded by their not totally unfounded fear of reprisals from their employers and by their work schedules.

The generally chilly climate, when it comes to speech and expression in the BVI, must also be noted because it is this climate which silences women's voices. Immigrant women, battered women, women who feel that they have been discriminated against in any way are reluctant to speak out about the issues which confront them. The letters' columns of the two weekly newspapers are not often filled but when they are it is usually by male writers. Callers to talk shows are most often male. The experts quoted in newspaper articles are usually male, unless the issue being highlighted is seen as a woman's issue. The history books written about the BVI have been written by males and little information is to he found in them about women. Encouraging women to research women's lives and creating a climate where women feel that their opinions count is important but it must be preceded by an acknowledgment of the need to obliterate restrictions such as are contained in the General Orders which effectively prohibits any speech of "a public or administrative nature" by civil servants. Until a Bill of Rights allowing for freedom from discrimination and for the freedoms of expression and speech is adopted, however, it is unlikely that there will be substantial change.

As a colony the above issue is complicated by other factors. The Commissioners and Governors that have been assigned to the BVI by Britain have always been male, the members of the Board of Management which has been established to superintend the remaining British colonies in the Caribbean are ail male, and the persons who have visited the BVI as representatives of the British government have usually been male. Within this larger framework of leadership.the input of BV]slanders, particularly BVI women, is constrained. As a colony the BVI can have only observer status at various international fora which restricts discussion of those issues, including women's issues, which may be of particular concern to Dependent Territories.

Three programmes or approaches which have been beneficial to women in the BVI are as follows:

1) The establishment of seminars to sensitize police officers, governmental and non-governmental agencies and others to the problems of domestic violence and rape. These have been conducted by a local attorney and members of the Women's Coalition of St. Croix and the St. Croix Police Department. Topics covered have included BVI legislation covering assault, stalking and rape, myths about rape and domestic violence, how to respond during an incident and more. These seminars have worked to educate ,participants about the issues, to heighten awareness of the needs of women in crisis and to spark a greater commitment on the part of the relevant agencies to finding and implementing solutions to the problem.

2) The establishment of a "Know Your Body" series along with radio interviews and newspaper columns to educate women about health issues ranging from breast cancer to AIDS to rape. A Women's Studies Section established at public libraries in the territory in 1993 also contains a significant amount of information on various health issues of special relevance to women.

3) The establishment of a "Women in Politics" seminar aimed at educating women about the basics of effective campaigning, the process of government, public speaking and more. This took place for the first time in April.

Guaranteeing women's safety in the home and on the workplace, putting into place legislation which is aimed at ensuring that women's rights are fully protected, creating an environment where women are empowered to speak and where the social conditions are hospitable to women's needs summarize the aims of the above programmes. With these, women can become full partners in development i.e. can realize their potential and can make an equitable contribution to their society and its betterment.

SECTION II
REVIEW AND APPRAISAL OF INTERNATIONAL SUPPORT

The BVI was left out of the activities that marked the International Decade for Women. There was no participation in the Mexico City, Copenhagen and the Nairobi Conferences. In addition, there is no indication that there was any involvement in the regional movement. The territory was among the first in the region, however, to have the UN CEDAW extended to it. This was as a result of its colonial status.

The first lobbying for the establishment of government machinery for the advancement of women did not come until the end of 1988 and the Women's Desk was eventually set up in October of 1992. It was probably the absence of any government machinery and any national women's organization, as well as the territory's colonial status which accounted for the lack of BVI involvement in many of the regional and international fora and activities relating to women.

In 1992 UNICEF conducted one of the most significant studies to date on the situation of women and children in the territory. The recommendations from this study have resulted in a series of activities designed to improve the status of women and children in the context of UNICEF. These activities are being carried out through the Ministry of Health between 1993 and 1998. The British Development Division is also assisting the BVI Government with a comprehensive programme of activities to improve the delivery of health care to all residents in the territory. These include the areas of maternal health care, health policy adjustment and sexual and reproductive health. (ICPD Report 1994).

The compilation of this National Report on the Status of Women and the inclusion of the BVI in the Regional Report as well as the preparations for the Fourth World Conference on Women, are the result of deliberate efforts by the British Development Division in Barbados and CARICOM to ensure the inclusion of dependent territories in the process. Dependent territories are not part of CARICOM, and without this intervention, they would have probably been excluded from the process.

The Canadian International Development Agency (CIDA) has provided assistance for the establishment of a Women's Studies Section at the Road Town Public library. CIDA's contribution has been used to purchase books, pamphlets, a VCR and a television as well as magazine subscriptions, video tapes and other materials.

As the BVI commits itself to the elimination of all forms of discrimination against women, the Government, the Women's Desk and other non-governmental organizations will no doubt be calling on the international community and the donor agencies to assist in the process.

SECTION III
FUTURE STRATEGIC GOALS AND OBJECTIVES AND CORRESPONDING FINANCIAL ARRANGEMENTS

The Women's Desk in the BVI produced at its inception in October 1992, of a Draft Plan for Women Till the Year 2000. That document has provided much of the information and recommendations for this section of this report.

The plans which will be outlined will be defined under the critical areas of concern identified by the Commission on the Status of Women

1) Inequality in the sharing of power and decision-making at all levels.

Goal:
To sensitize and educate women so that they will be freed from their internalized oppression and both support other women who are willing to involved in political office and administrative positions and also prepare themselves to share power and decision-making at all levels

Measures:
Strategies for achieving this goal will include forum discussions, leadership and management workshops and the use of media education and programmes. Women will be helped to realize their collective lobbying power. The Women in Politics seminar was crucial.

2) Insufficient mechanisms at all levels to promote the advancement of women.

Goal:
To widen the influence and scope of the Women's Desk by increasing staffing and resources, thereby enabling the Desk to impact on women in all the islands of the territory.

Measures:
Lobbying with government through women's pressure groups. The information in this report will be discussed with government and recommendations will be made to help improve the status of BVI women.

3) Lack of awareness of, and commitment to, internationally and nationally recognized women's rights.

Goal:
To eliminate all forms of discrimination against women and children by providing a legal framework that will act to protect their welfare.

Measures:
Reviewing laws pertaining to women and children and reforming discriminatory legislation through the already established law Reform Committee. Education via public campaigns, by adding human rights to the school curriculum and examining and modifying textbooks.

4) Poverty

Goal:
To improve the circumstances of all women to provide a better measure of social, political, and economic equality.

Measures:
Developing programmes aimed at improving job skills. Establishing public supported day-care facilities.

5) Inequality in women's access to and participation in the definition of economic structures and policies and the reproductive process.

Goal:
To eliminate the cultural, institutional, behavioral and attitudinal discrimination which prohibit or limit women's access to land, capital and other productive resources.

Measures:
Educating women on their rights to have their name on the title of property. Educating women for self reliance.

6) Inequality in access to education, health, employment and other means to maximize awareness of rights and the use of their capacities.

Goal:
To provide equality in access to education, health and employment.

Measures:
Public education progammes to make women aware of the possibilities of their involvement in non-traditional occupations. Working with the labour Department to decrease discrimination against women in the work aide (belongers and non-belongers) through the establishment of a low Income Workers Association. Reducing women's levels of hypertension, diabetes and obesity by ensuring that women's concerns are included in the Health Reform Project.

7) Violence Against Women

Goal:
To control prevent and reduce the impact of violence on women.

Measures:
Law reform to reduce the incidence of violence through community awareness of legal consequences. legitimating the use of the Sex Crime's Evidence Kit for rape convictions. Training women in self-defence techniques. Expanding the Women's Studies library in Tortola and setting up similar libraries on the other islands. Continuing public education programmes for women, men police officers, social workers, and other community groups. Encouraging the establishment of other services for abused women and children including shelters, and crisis centres.

8) Identity

Goal:
To help reduce the alienation of immigrant women and to increase unity among women and men in the BVI so that they can work together to improve the plight of wornen.

Measures:
Public education programmes, workshops, formation of National women's groups.

RESOURCES

The above strategies will be coordinated through the Women's Desk which will be responsible for organizing women to lobby for additional personnel and financial resources to help in the realization of there goals. The research which has been documented in this report can be used to help politicians become more aware of women's needs and women's intention to unite to improve their quality of life.

BIBLIOGRAPHY

Baronville, Eileene, Unpublished, no date.

British Virgin Islands, 1980/1981 Population Census Report, British Virgin Islands.

British Virgin Islands Council on Alcohol & Drug Abuse (CADA) Community Referral Network Data 1992; CADA Profile 1992; Submissions to the Constitutional Review Commission, 1993.

CARICOM, March 1994, Family Code For the Caribbean (Draft).

Decade link, No 12, Dec. 1992, World Council of Churches. Geneva Switzerland

Development Planning Unit, 1994, Single Heads of Households. (Extracted from the 1991 Census Data). Tortola BVI.

O'Neal,Eugenia, Nov. 1993, Women's Desk, Women in Focus. Tortola, BVI

O'Neal, Eugenia, March 1994, Preliminary Report on the Status of Women in the BVI. Tortola, BVI.

O'Neal, Eugenia, April 1994, Women's Desk, The Situation of Women in the BVI. Tortoa, BVI

Frett-Georges, Rita, 1986, Mental Health Status of Women in the British Virgin Island. Tortola, BVI

Government of the British Virgin Islands, 1994, A Healthier Future for BVI, Health Sector Reform in BVI. Tortola, BVI

Harney, 1. Roett, P, Samuel, W.A., 1992, Situation Analysis of Children and Women in the British Virgin Islands. UNICEF, Barbados

Legall, Oswell, 1988, Women's Discrimination and the law in the British Virgin Islands. Tortola, BVI

Pat Ellis & Associates, Inc. 1994, Summary of Issues Raised During Consultations in Tortola and Virgin Gorda, British Virgin Islands. Barbados.

Peebles Hospital, 1992, Morbidity Data by Age:and Sex. Tortola, BVI

Population Affairs and Statistics Division of the Development Planning Unit, 1994, National Report for the International Conference on Population and Development (ICPD) 1994. Tortola, BVI

Public Health Department, Annual Report 1987. Tortola, BVI

UNFPA, Population Issues Briefing Kit, 1994.

University of West lndies, 1994, British Virgin Islands Country Paper for the Seminar on Financing Education in the Caribbean. Mona, Jamaica.

Women's Desk Oct. 1992, Draft Plan for Women Till the Year 2000. Tortola, BVI.

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