- Improving the court system:
In February of 2019, a CADV delegation met with Chief Justice Ivor Archie to discuss improvements to the justice system for victims of domestic violence. This delegation comprised Roberta Clarke (President of CADV), Lynette Seeberan-Suite (Chair, Equal Opportunity Commission), Donielle Jones (Attorney at Law), Carolyn Fifi (CADV Director), Onika Mars (Women of Substance, Tobago), and Sabrina Mowlah-Baksh (GM, CADV). The delegation pointed to improvements needed in the administration of justice. Concerns about the majority of applications for protection orders not resulting in actual protection orders was discussed. Weaknesses were attributed to inadequate budgeting, lack of information or awareness on the part of victims and their families, inadequate responsiveness on the part of an over-taxed administration of justice, inaccessibility of the court system in some areas, lack of trust in the justice system as well as a pervasive culture of acceptance or indifference to gender-based violence against women. The CADV proposed a review of the implementation of the Domestic Violence Act as a measure to strengthen its evidence-based law and policy advocacy to improve the state response to domestic violence. This review would allow for an examination of the ways in which domestic violence applications are received and resolved by the courts. This review is seen as a foundation for informing improvements in all aspects of women’s access to justice, victim safety, and perpetrator accountability. It could also guide capacity development of the judiciary, court personnel, social services, and police to improve the efficiency of the administration of justice in Gender-Based Violence cases.
- Non-Profit Organisations Bill:
Cognizant of the impact of the Non-Profit Organisations Bill (2019) on civil society and non-profit organizations, the CADV worked with an alliance of NGOs to review and inform the contents of the legislation. Because the legislation sought to regulate the NGO sector, CADV joined other NGOs to demand time to consider, review and make inputs mindful of the caution of the UN Human Rights Council Resolution (A/HRC/38/L.17) that legislation should not hinder the work of civil society actors nor undermine their capacity to solicit, receive and utilize resources for their work. As a result of solidarity amongst NGOs, the Act was passed with the NGO inputs being taken into account to reduce the onerous reporting obligations while strengthening the guidance
on the accountable financial management of the NGO sector.
- Domestic Violence Workplace Policy:
On September 6th, 2019, a Domestic Violence Workplace Policy was launched as a collaborative effort between the Crime and Justice Committee of the Trinidad & Tobago Chamber of Commerce and the CADV. This partnership commenced in late 2018 with the aim of guiding businesses to develop systems in their own organizations to address the experiences of harm and insecurity that follows both victims and perpetrators in the workplace. The intent of this policy is two-fold, to signal to employees that companies will be safe spaces to disclose confidentially and seek support and gives companies a range of immediate assistance and support to victims of violence. The development of this policy is only but the first step. Companies will now have the responsibility to endorse, adopt and implement. As such, the next phase includes outreach to companies across the diversity of the business sector nationally to ensure that proper sensitization occurs. Comprehensive workplace training on domestic violence and the policy itself will ensure that the responsibilities of both employers and employees are understood. A number of leading companies such as Ansa McAl, Imjin Security Limited, Massy Holdings, L.I.F.E. Programme – Massy, Massy Motors, Regency Recruitment and the Trinidad and Tobago Chamber of Commerce have pledged support for the Policy.
- Sexual Harassment Legislation:
On Wednesday, November 13, 2019, the Coalition against Domestic Violence was invited to participate in a Joint Select Committee (JSC) convened by the Attorney General, the Honourable Faris Al-Rawi, representatives of the Office of the Prime Minister, the Ministry of Labour and Small Enterprise Development, and several other NGOs. The JSC which focused on human rights, equality and diversity was established to draft legislation on Sexual Harassment.
Guided by the inputs of other NGOs, a number of recommendations were made:
– The Bill should address the range of spaces where sexual harassment occurs, not just limited to employment relations; e.g. accommodation, educational institutions, in the provision of goods and services, and in institutions (as is included in the CARICOM Model). Also sexual harassment in public transportation.
– The draft should define sexual harassment as sex and gender discrimination.
– The definition of SH should stay away from concepts of unreasonableness. The international best <BR> practice is that sexual harassment (in its elements) is unwanted and unwelcome words, conduct, circumstances, etc.
– The CARICOM Model will be closely considered as will the laws from Barbados and countries like New Zealand.
– The Act should be clear that words and conduct constitute harassment not only because it is conduct that is outside of what is appropriate and required for the functioning of a workplace but especially because it is unwelcome and unwanted.
– The Act should apply to all persons, without discrimination.
– Stand-alone act is preferable with remedies through Industrial Court or EOC/EOT as appropriate.
– The Act (gender-neutral) would apply to all persons without exception. In this regard, there was some discussion on how certain categories of workers will be supported and protected against reprisals.
– Whistleblower protection to be included.
– The duties of employers should be outlined