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WILL ARMENIA PASS A DRAFT LAW ON DOMESTIC VIOLENCE?
Posted by Nanore Barsoumian on January 29, 2013 in News
A draft law on domestic violence that was to specifically deal with
violence within the home was turned away by the Armenian government
on Jan. 21. Instead of approving the bill, the government recommended
that other existing laws be amended to include clauses that would
help the courts deal with cases of domestic violence. Whether the
government has outright rejected the bill is unclear.
Protesters against domestic violence during Mariam gevorgyan trial.
(Photo: Society Without Violence in Armenia)
According to the Women's Resource Center, a non-profit organization
that is closely following the issue, "the government has based
its rejection of the bill on the fact that the entire Armenian
legislative framework is undergoing a number of changes. Changes
being made in the criminal and criminal procedure codes, as well
as in the code of administrative offenses, would cause a number of
problems in implementing the overruled bill. For this reason and with
the agreement of the government, there will be no separate Domestic
Violence Statute Book."
The chairperson of the Women's Resource Center in Yerevan (WRCA),
Lara Aharonian, told the Armenian Weekly that following internal
deliberations, the bill was rejected-though it has not been made public
yet. The decision shows that "the government is still not aware that
domestic violence is a serious issue in Armenia and that we still
don't have a genuine political will to advance women's rights and
develop adequate policies to ensure gender equality in the country.
This is a direct consequence of the lack of women's political
presence and, in addition, [it shows] that women's realities,
concerns, and needs are not taken into consideration in policies,"
she told the Weekly.
Aharonian believes that amendments to other laws will be less
effective than a separate law on domestic violence because they will,
in effect, fail to acknowledge domestic violence as "a real problem,"
and will fail to invest financial and human resources- to counter it
on a national level. "Armenia is trying to conform to international
conventions and declaring in many international reports that they
support women's rights and gender equality, but they need to put
their money where their mouth is," said Aharonian. "Domestic violence
legislation also includes a set of services and resources that need
to be available for survivors, and money should be allocated for that,
which is something that this government is not ready to do yet."
For Aharonian, the bill on domestic violence is crucial as it
would recognize the existence of the problem in the country, and
criminalize it unambiguously. The law would bring with it adequate
protection mechanisms for the victims, including restraining orders;
reform of the police force and the judicial sector to effectively deal
with cases of domestic violence; and a change to the "it's a private
issue" mentality, explained Aharonian. "What the government is now
suggesting is just a way of watering it down. It's not as efficient
as a separate legislation."
The Women's Rights Center of Yerevan drafted the law and in 2009
submitted it to the Armenian Ministry of Labor and Social Affairs. In
2011, the ministry put together an inter-sectorial working group to
deal with the draft bill. The ministry publicized the bill in November
2012, and subsequently submitted it to the government for approval. In
2010, various non-governmental organizations came together to form
the Coalition to Stop Violence Against Women to raise awareness of the
issue and to pressure authorities to adopt the bill. The coalition is
comprised of the Women's Resource Center, the Women's Rights Center,
Society Without Violence, PINK Armenia, the Women's Support Center,
Zangakatun, and the Sexual Assault Crisis Center. The United Nations
Population Fund (UNFPA) also supported the initiative.
No rejection yet, says ombudsman's office
The Armenian Weekly reached out to the office of Armenia's Ombudsman
Karen Andreasyan, for clarification on the status of the bill. "The
draft law on domestic violence has not been rejected. It is still
being analyzed by the Ministry of Justice, [which] is part of the
routine," Naira Karmirshalyan, head of public relations department of
the ombudsman's office, told the Armenian Weekly. "It is difficult
to give a persuasive answer [as to] why it is taking this long for
the draft law to pass."
In November 2012, Andreasyan submitted a list of recommendations
on the draft law to the Ministry of Labor and Social Affairs. The
proposed amendments dealt with clauses on the interrogation of
juveniles, requiring them to be questioned in the presence of a legal
representative and a police officer specializing in juvenile affairs
or a psychologist. Andreasyan also recommended that victim help
hotlines operate around-the-clock; and for officials to investigate
cases immediately following victim complaints.
According to Karmirshalyan, the recommendations made were all
"important and necessary," and they would bring the bill closer to
reflecting "the best international practice."
Karmirshalyan expressed her reservations about the slow-moving
process. "It is disturbing that immediate steps are not being taken
by the government, because prime facie the draft law seems complete,"
she told the Weekly, but reiterated that "the final decision on its
acceptance or rejection has not been made."
"Unfortunately domestic violence is a phenomenon that occurs all
over the world, in every country and in every society. It is our
position that the draft law on domestic violence is a necessity
for our society, the absence of which created a legal gap. In such
cases, the gap becomes an obstacle for preventing these disturbing
actions," she said. "The law would also create the needed mechanism
that would make an attempt in eliminating the latent nature of this
phenomenon in Armenian society. It is of paramount importance, [as]
the law would also give the necessary guarantees-most importantly,
protection and social safeguards to the victims of domestic violence."
By working towards a domestic violence law in 2012, the government-and
specifically the Ministry of Labor and Social Affairs-has illustrated
that it is listening and responding to the calls by international
organizations that have raised the issue of the lack of a domestic
violence bill in their reports, urging the Armenian government to
take immediate steps, said Karmirshalyan.
"However, the timing of actions being taken is becoming an issue,"
she added, referring to the slow process. If the ombudsman's office
judges that the delays in passing a bill are unjustified, then
they are prepared to nudge the appropriate bodies. "We would send
a letter to the government in order to learn the reasoning and/or
justifications behind [the delay]... If necessary, we would recommend
that the government accelerate the process of analyzing and reaching
a decision regarding the draft law."
Aharonian, too, will be watching closely. "In the following weeks we
will have meetings with the Coalition Against Violence and the gender
theme group that includes different non-governmental organizations,
ministries, and international organizations to discuss the next steps,"
she told the Weekly.
If approved by the government, the draft law would have been submitted
to the National Assembly to be reviewed and voted on. "It did not pass
the first step. Now we need to review and strategize what to do next.
Do we accept what the government is proposing, or do we lobby-all of
us together-for a separate law?" added Aharonian.
Currently, the courts deal with domestic violence the same way
they deal with violence in general, which, according to Aharonian,
"makes the court cases even more challenging, especially for women and
children." Recently, attorney Nona Galstyan, representing domestic
violence victim Mariam Gevorgyan, expressed similar concerns over
the lack of a domestic violence law. "The absence of a law means that
female victims of domestic violence are often left defenseless. The
police will not launch a criminal case unless serious injury or death
has taken place," she was quoted by the Institute for War and Peace
Reporting (IWPR) as saying.
Anecdotal evidence suggests that it is not uncommon for authorities
to either dismiss cases of domestic violence, considering them private
matters, or to avoid dealing with them with the required urgency. That
was the case with 20-year-old Zaruhi Petrosyan, who died after severe
beatings by her husband and, allegedly, her mother-in-law. According
to statements made by the victim's sister, Zaruhi had gone to the
police twice before, which resulted in a warning for the husband,
Yanis Sarkisov. The proposed domestic violence bill would provide
victims like Zaruhi with vital resources. For instance, the law would
require that the abuser be removed from the home; and if the victim
did not feel safe at home, she would have the option of going to
a government-funded women's shelter. Currently, there are only two
shelters operating in Armenia, and they are at times forced to turn
victims away, for lack of space and resources.
Zaruhi's death in 2010 led to widespread public outrage, pushing
that most taboo issue out into the national arena. It left no
room for denial that domestic violence exists in Armenia, and that
occasionally it claims lives. Zaruhi's story reverberated throughout
various Armenian communities worldwide. Activists worked hard to raise
awareness of the issue and pressed the government for a national law
against domestic violence; the diaspora echoed those calls, with
petitions circulating in support of such a law. In the meantime,
while policy-makers deliberate on whether to pass the draft law,
other brutal cases of domestic violence continue to take place.
Unfortunately, Zaruhi was not the last victim whose life was cut
short due to domestic violence. In July 2012, Anahit Babayan was
beaten to death with a concrete slab and a wooden bar by her husband
of 30 years. For activists like Aharonian, the time for real action
is long overdue.
http://www.armenianweekly.com/2013/01/29/will-armenia-pass-a-draft-law-on-domestic-violence/comment-page-1/
Posted by Nanore Barsoumian on January 29, 2013 in News
A draft law on domestic violence that was to specifically deal with
violence within the home was turned away by the Armenian government
on Jan. 21. Instead of approving the bill, the government recommended
that other existing laws be amended to include clauses that would
help the courts deal with cases of domestic violence. Whether the
government has outright rejected the bill is unclear.
Protesters against domestic violence during Mariam gevorgyan trial.
(Photo: Society Without Violence in Armenia)
According to the Women's Resource Center, a non-profit organization
that is closely following the issue, "the government has based
its rejection of the bill on the fact that the entire Armenian
legislative framework is undergoing a number of changes. Changes
being made in the criminal and criminal procedure codes, as well
as in the code of administrative offenses, would cause a number of
problems in implementing the overruled bill. For this reason and with
the agreement of the government, there will be no separate Domestic
Violence Statute Book."
The chairperson of the Women's Resource Center in Yerevan (WRCA),
Lara Aharonian, told the Armenian Weekly that following internal
deliberations, the bill was rejected-though it has not been made public
yet. The decision shows that "the government is still not aware that
domestic violence is a serious issue in Armenia and that we still
don't have a genuine political will to advance women's rights and
develop adequate policies to ensure gender equality in the country.
This is a direct consequence of the lack of women's political
presence and, in addition, [it shows] that women's realities,
concerns, and needs are not taken into consideration in policies,"
she told the Weekly.
Aharonian believes that amendments to other laws will be less
effective than a separate law on domestic violence because they will,
in effect, fail to acknowledge domestic violence as "a real problem,"
and will fail to invest financial and human resources- to counter it
on a national level. "Armenia is trying to conform to international
conventions and declaring in many international reports that they
support women's rights and gender equality, but they need to put
their money where their mouth is," said Aharonian. "Domestic violence
legislation also includes a set of services and resources that need
to be available for survivors, and money should be allocated for that,
which is something that this government is not ready to do yet."
For Aharonian, the bill on domestic violence is crucial as it
would recognize the existence of the problem in the country, and
criminalize it unambiguously. The law would bring with it adequate
protection mechanisms for the victims, including restraining orders;
reform of the police force and the judicial sector to effectively deal
with cases of domestic violence; and a change to the "it's a private
issue" mentality, explained Aharonian. "What the government is now
suggesting is just a way of watering it down. It's not as efficient
as a separate legislation."
The Women's Rights Center of Yerevan drafted the law and in 2009
submitted it to the Armenian Ministry of Labor and Social Affairs. In
2011, the ministry put together an inter-sectorial working group to
deal with the draft bill. The ministry publicized the bill in November
2012, and subsequently submitted it to the government for approval. In
2010, various non-governmental organizations came together to form
the Coalition to Stop Violence Against Women to raise awareness of the
issue and to pressure authorities to adopt the bill. The coalition is
comprised of the Women's Resource Center, the Women's Rights Center,
Society Without Violence, PINK Armenia, the Women's Support Center,
Zangakatun, and the Sexual Assault Crisis Center. The United Nations
Population Fund (UNFPA) also supported the initiative.
No rejection yet, says ombudsman's office
The Armenian Weekly reached out to the office of Armenia's Ombudsman
Karen Andreasyan, for clarification on the status of the bill. "The
draft law on domestic violence has not been rejected. It is still
being analyzed by the Ministry of Justice, [which] is part of the
routine," Naira Karmirshalyan, head of public relations department of
the ombudsman's office, told the Armenian Weekly. "It is difficult
to give a persuasive answer [as to] why it is taking this long for
the draft law to pass."
In November 2012, Andreasyan submitted a list of recommendations
on the draft law to the Ministry of Labor and Social Affairs. The
proposed amendments dealt with clauses on the interrogation of
juveniles, requiring them to be questioned in the presence of a legal
representative and a police officer specializing in juvenile affairs
or a psychologist. Andreasyan also recommended that victim help
hotlines operate around-the-clock; and for officials to investigate
cases immediately following victim complaints.
According to Karmirshalyan, the recommendations made were all
"important and necessary," and they would bring the bill closer to
reflecting "the best international practice."
Karmirshalyan expressed her reservations about the slow-moving
process. "It is disturbing that immediate steps are not being taken
by the government, because prime facie the draft law seems complete,"
she told the Weekly, but reiterated that "the final decision on its
acceptance or rejection has not been made."
"Unfortunately domestic violence is a phenomenon that occurs all
over the world, in every country and in every society. It is our
position that the draft law on domestic violence is a necessity
for our society, the absence of which created a legal gap. In such
cases, the gap becomes an obstacle for preventing these disturbing
actions," she said. "The law would also create the needed mechanism
that would make an attempt in eliminating the latent nature of this
phenomenon in Armenian society. It is of paramount importance, [as]
the law would also give the necessary guarantees-most importantly,
protection and social safeguards to the victims of domestic violence."
By working towards a domestic violence law in 2012, the government-and
specifically the Ministry of Labor and Social Affairs-has illustrated
that it is listening and responding to the calls by international
organizations that have raised the issue of the lack of a domestic
violence bill in their reports, urging the Armenian government to
take immediate steps, said Karmirshalyan.
"However, the timing of actions being taken is becoming an issue,"
she added, referring to the slow process. If the ombudsman's office
judges that the delays in passing a bill are unjustified, then
they are prepared to nudge the appropriate bodies. "We would send
a letter to the government in order to learn the reasoning and/or
justifications behind [the delay]... If necessary, we would recommend
that the government accelerate the process of analyzing and reaching
a decision regarding the draft law."
Aharonian, too, will be watching closely. "In the following weeks we
will have meetings with the Coalition Against Violence and the gender
theme group that includes different non-governmental organizations,
ministries, and international organizations to discuss the next steps,"
she told the Weekly.
If approved by the government, the draft law would have been submitted
to the National Assembly to be reviewed and voted on. "It did not pass
the first step. Now we need to review and strategize what to do next.
Do we accept what the government is proposing, or do we lobby-all of
us together-for a separate law?" added Aharonian.
Currently, the courts deal with domestic violence the same way
they deal with violence in general, which, according to Aharonian,
"makes the court cases even more challenging, especially for women and
children." Recently, attorney Nona Galstyan, representing domestic
violence victim Mariam Gevorgyan, expressed similar concerns over
the lack of a domestic violence law. "The absence of a law means that
female victims of domestic violence are often left defenseless. The
police will not launch a criminal case unless serious injury or death
has taken place," she was quoted by the Institute for War and Peace
Reporting (IWPR) as saying.
Anecdotal evidence suggests that it is not uncommon for authorities
to either dismiss cases of domestic violence, considering them private
matters, or to avoid dealing with them with the required urgency. That
was the case with 20-year-old Zaruhi Petrosyan, who died after severe
beatings by her husband and, allegedly, her mother-in-law. According
to statements made by the victim's sister, Zaruhi had gone to the
police twice before, which resulted in a warning for the husband,
Yanis Sarkisov. The proposed domestic violence bill would provide
victims like Zaruhi with vital resources. For instance, the law would
require that the abuser be removed from the home; and if the victim
did not feel safe at home, she would have the option of going to
a government-funded women's shelter. Currently, there are only two
shelters operating in Armenia, and they are at times forced to turn
victims away, for lack of space and resources.
Zaruhi's death in 2010 led to widespread public outrage, pushing
that most taboo issue out into the national arena. It left no
room for denial that domestic violence exists in Armenia, and that
occasionally it claims lives. Zaruhi's story reverberated throughout
various Armenian communities worldwide. Activists worked hard to raise
awareness of the issue and pressed the government for a national law
against domestic violence; the diaspora echoed those calls, with
petitions circulating in support of such a law. In the meantime,
while policy-makers deliberate on whether to pass the draft law,
other brutal cases of domestic violence continue to take place.
Unfortunately, Zaruhi was not the last victim whose life was cut
short due to domestic violence. In July 2012, Anahit Babayan was
beaten to death with a concrete slab and a wooden bar by her husband
of 30 years. For activists like Aharonian, the time for real action
is long overdue.
http://www.armenianweekly.com/2013/01/29/will-armenia-pass-a-draft-law-on-domestic-violence/comment-page-1/