Barbados-29th Session, January 2018-Violence against women / gender-based violence

National Report
Para 41) In August 2022, Barbados deposited its Instrument of Ratification of the International Labour Organisation (ILO) Convention 190 – Violence and Harassment in the World of Work, 2019. The Convention is the first international treaty to recognise the right of everyone to a world of work free from violence and harassment, including gender-based violence and harassment. Para 53) During the period under review, the Ministry of People Empowerment and Elder Affairs, through the Bureau of Gender Affairs, cognisant of the need to develop a coordinated approach to the issue of violence against women, began a series of meetings with partners and stakeholders drawn from various ministries of Government, around the issue. A Cabinetapproved Working Committee the National Committee on Gender-based Violence - was subsequently established in 2019. The Committee is charged with the task of developing a national action plan against gender-based violence. Para 54) The issue of gender-based violence (GBV) in the workplace has also come into focus during the period under review. The Ministry of Labour and Social Partnership Relations (MLSP), in collaboration with UN Women, developed a project - Gender-based Violence in the Workplace. The 2-year project was officially launched in March 2021. The aims of the project are to: • Bring about greater awareness and to address GBV and harassment in the workplace with a focus on the International Labour Organization’s Convention 190, Recommendation 206 and relevant supporting legislation; and • Determine the main stressors that contribute to gender-based issues, provide solutions for improved communication and build positive relationships between the different genders. It also seeks to promote wellness and general safety and health in the workplace. Para 55) With respect to the legislature, Barbados has continued to provide training for the Judiciary in GBV cases. In 2018 and 2019, as had been done in 2017, the Judicial Reform and Institutional Strengthening (JURIST Project) conducted training courses with members of the judicial system. In this regard, Barbados participated in the Train-the-Trainer Gender Responsive Adjudication Training. This training was designed to build capacity of judicial officers to be more gender sensitive as well as increase their competence throughout the application of gender equality protocols in the adjudication of family law and cases involving GBV. It also sought to increase the competence of officers, in applying gender equality protocols in their day to day adjudication. Para 56) The recognition that any attempts to reduce violence against women must take the youth into consideration, has seen a number of initiatives to create awareness of and sensitise them to GBV. Accordingly, the Soroptimist International of Barbados provided the opportunity children to share their views on the topic, through the staging of an online video contest in the schools. The contest was designed so that young minds could explain how men and boys could act as activists for change in the campaign to end GBV. For its part, the Bureau of Gender Affairs continued to stage its annual workshop which targets young males from secondary schools and introduces them to concepts of gender, masculinity and the relationship of these concepts to GBV. Despite the COVID-19 restrictions in 2021, the Bureau was able to stage successfully an online workshop with young males from one of the country’s secondary schools. Para 57) The Ministry of Education, Technological and Vocational Training (METVT) has implemented the Schools Positive Behavior Management Programme and the Barbados School Code of Conduct to address violence in schools. Para 58) In terms of reporting, the Ministry of People Empowerment and Elder Affairs established a COVID-19 hotline for vulnerable persons as well as persons who were experiencing violent acts. A Public Service Announcement was also created to sensitize the public about the hotline and to encourage those persons who were aware of any cases to call the hotline. This information was advertised through radio, print and social media as well as being televised. Special arrangements were made for those who were deaf or blind to access the hotline. Para 59) The Government of Barbados has over the years provided subventions to support a number of Non-governmental Organisations (NGOs) which are actively involved in the fight to reduce gender based violence. In addition, the Ministry of People Empowerment and Elder Affairs, through the Bureau of Gender Affairs work in tandem with these organisations to commemorate the 16 Days of Activism Against Gender-based Violence, which runs annually from 25 November, International Day for the Elimination of Violence against Women, to 10 December, Human Rights Day. Para 69) Under the Household Mitigation Unit of the Prime Minister’s Office, women and children temporarily accommodated in shelters in refuge from domestic abuse and who require assistance over a 6-month period to regulate their new lives, may apply to for such assistance. Para 70) With respect to promoting public awareness of gender-based violence (GBV), the Bureau of Gender Affairs has partnered with the Barbados Professional Womens’ Club on initiatives such as the “The Power of Knowing Info Fair and Bazaar” held in November 2022 in support of activities built around the 16 Days of Activism against GBV international campaign. Para 71) Whilst there is no single, specific legislation which speaks to violence against women and children, both those groups are protected through the general offences provisions under the Offences against the Person Act (e.g., the provisions thereunder that speak to serious bodily harm); Sexual Offences Act, and its 2016 amendment (e.g., the provisions that treat to rape and sex with a minor); and Domestic Violence (Protection Order) Act which, protects, victims against acts of domestic violence. This latter Act also makes provisions for the definition of domestic violence, counselling or therapy for victims and enrolment of perpetrators into rehabilitative programmes. The Act further prioritises the safety and protection of victims and seeks to ensure that perpetrators are held accountable for the violation of human rights. The fact that the offences acts occurred in the context of a relationship or against a child would be aggravating factors considered in sentencing. Para 72) Barbadian law courts have been using the guidance from the Caribbean Court of Justice (CCJ) in the Linton Pompey vs the Director of Public Prosecution (DPP), Guyana [2020] CCJ 7 (AJ) case. That case provides that the sentence for rape of a minor should be between 15 to 17 years imprisonment, as a starting point. This sentence may increase or decrease depending on the other aggravating or mitigating factors. There is no specific judicial guidance in relation to rape of an adult, but sentencing on conviction may be in the vicinity of 10 years. Para 73) Additionally, the Employment Sexual Harassment (Prevention) Act, 2017, protects women against sexual harassment in the work place. Para 74) At the policy level, the Barbados Police Service is guided by the Laws of Barbados with respect to combatting violence and discrimination against women and incorporates a gender-based and human rights approach. There is a victim-centred approach, ensuring that all perpetrators are held accountable for their actions, through the provisions of the relevant laws. The constitutional commitment to protect the human rights of the citizens of the country, represents the State’s proactive obligation to defend women and girls from domestic and sexual violence. Training and sensitisation continue within the Police Service to ensure compliance and a high level of knowledge-based officers’ response. Training is conducted in conjunction with the Regional Police Training Centre. Para 97) The above-mentioned services as well as those provided by the Public Health system, continues to promote early detection and intervention under state legislation which guides the provision for equitable and inclusive services such as: … • Legislative protection against sexual and gender-based violence.
State under Review
Stakeholder Summary
Para 26) HUMB stated that the Employment Sexual Harassment (Prevention) Act provided a sense of protection to those within the workplace, but there was no such act for the general public. Though the common law can be used to provide remedies to persons who were victims of sexual harassment, there was a need for affirmative legislation offering women protection from forms of violence and harassment. Para 37) The Inter-American Commission on Human Rights welcomed the March 2021 launch of the Gender Violence in the Workplace Project, in collaboration with UN-Women, which seeks to increase knowledge on the subject through various training tools. The Inter-American Commission on Human Rights noted its concern regarding the adoption of measures that limit the protection of women victims of violence, the lack of updated information on situations of violence faced by women, the increase in domestic violence cases during the pandemic, …
UN Compilation
Para 48) The subregional team noted that the United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women) had signed a memorandum of understanding with the Ministry of Labour on managing gender-based violence in the workplace. Para 50) The United Nations subregional team noted that physical distancing measures, including business and school closures implemented to contain the spread of COVID-19, had resulted in many challenges, including increased gender-based violence.