Understanding the phenomenon of GBV
The United Nations’ definition of GBV is, “any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women…whether occurring in public or private life.” GBV is a human rights violation that disproportionately affects women. It involves any harmful threat or act directed at an individual or group based on actual or perceived biological sex, gender identity and/or expression, sexual orientation and/or lack of adherence to varying socially constructed norms around masculinity and femininity.
Seven interrelated types of GBV are commonly reported in the GBV literature.
- Physical violence
- Verbal violence
- Psychological/Emotional violence
- Sexual violence
- Sexual harassment
- Socio-economic violence
- Cyber violence
The international literature acknowledges that the scope of GBV has widened to cover a more diverse spectrum of relationships, in different settings, reflecting the changing nature of societies and the broader ranges of relationships that may constitute “intimate partner relations”. Encompassing a range of behaviour including sexual, physical, mental and economic harm inflicted in public or in private, including online, GBV also includes threats of violence, coercion and manipulation, and can take many forms, such as inter alia, online / cyber forms of GBV, harassment and human trafficking as categorised as:
Extent of Gender Based Violence
It is acknowledged that globally around one in three women have experienced some form of violence based on their gendered identity, including some thirty-five percent of women, of all socio-economic backgrounds, having been subjected to either physical and/or sexual intimate partner violence or non-partner sexual violence; seven percent of women having been sexually assaulted by an individual other than their partner; and thirty-eight percent of murders against women are committed by an intimate partner. According to international surveys every third to every fifth women after the age of 15 years old experiences violence (FRA, 2014 and OSCE, 2019). Whilst there is a significant researched social repercussion to survivors of GBV and their families, violence against women also bears an economic cost. Globally, the economic cost of violence against women (VAW) accounts to around 0.7% of the country’s GDP. In Mauritius, the High-Level Committee on the Elimination of Gender Based Violence was informed that one in four women have experienced some form of violence. The UNDP estimated that the associated costs amount to 0.6% of GDP.
Actions taken at National Level
Gender- Based Violence is a cross-cutting issue. In an endeavour to address the scourge of GBV, the following measures were taken by the Ministry:
• The Protection form Domestic Violence Act was further amended in 2016 to ensure more protection of women victims of domestic violence and also broadening the acts of domestic violence and also increasing the power of enforcement officers to act diligently in cases of domestic violence amongst others;
• A Hotline 139 operational on 24/7 basis was made free of charge since 2016;
• Moreover, a High Level Committee on the Elimination of Gender-Based Violence under the chairpersonship of the Hon. Prime Minister was set up since February 2020. Thereafter, in November 2020, the National Strategy and Action Plan of the High Level Committee on the Elimination of Gender-Based Violence was launched on the occasion of the International Day for the Elimination of Violence Against Women with a view to improve coordination and accountability, achieving great operational effectiveness and creating safer communities, amongst others. A multi-sectoral approach has been adopted for the implementation of the National Strategy and Action Plan;
• In November 2020, a mobile application, LESPWAR, was launched as a rapid response system to victims of gender-based violence. This mobile App enables a victim of GBV to rapidly connect with the Main Police Command and Control Centre. This application can be downloaded on a smart phone and clear instructions are provided for registration and use of the panic button. In line with international experiences, such App serves to increase Victim’s Safety by giving priority and enhanced access to support services at the touch of a button for those at greatest risk;
• A Family Support Service (FSS) was launched at Abercrombie on 26 Nov 2022 and subsequently, it became operational at Port Louis, Rose Hill, Souillac and Phoenix. Through the FSS, Officers of this Ministry and Brigade Pour la Protection de la Famille (BPF) work under the same premise to ensure streamlining of procedures and to provide holistic services to victims of domestic violence. A standard Operating Procedures was also signed between the Ministry and the Mauritius Police Force;
• Besides the mobile application, a wide array of services are offered to victims of GBV at the level of the Family Support Bureaux, ranging from psychological assistance, to legal advice and legal representation at Court for cases of domestic violence;
• Victims reporting acts of domestic violence and who are at risk under their conjugal roof or place of residence, measures are taken by the Ministry and the Police to refer them and their children for temporary accommodation in shelters run by NGOs;
• Economic Empowerment Programmes are also conducted for survivors of domestic violence to enable them to become financially independent and break the cycle of violence.
Common Forms of Data Collection based on Legal Frameworks
Domestic Violence
Domestic Violence is the most common form of documented form of GBV in Mauritius, although, quantitative and gender-disaggregated data being collected at different data collection points has expanded from domestic violence, intimate partner violence and family violence to include some categories of gender-based violence. However, sex disaggregated data collection is still largely based on the Duluth Power and Control Wheel Model as it relates to Domestic Violence.
Domestic violence is defined in Protection from Domestic Violence Act as…including… any of the following acts committed by a person against his spouse, a child of his spouse or another person living under the same roof–
(a) wilfully inflicting, or attempting to inflict, a wound or blow, or threatening to inflict a wound or blow.
(b) wilfully or knowingly placing or attempting to place, or threatening to place, the spouse or the other person in fear of physical injury to himself or to one of his children.
(c) intimidating, harassing, stalking, ill-treating, insulting, brutality, or cruelty.
(d) compelling the spouse or the other person by force or threat to engage in any conduct or act, sexual or otherwise, from which the spouse or the other person has the right to abstain.
(e) confining or detaining the spouse or the other person, against his will.
(f) harming, or threatening to harm, a child of the spouse.
(g) causing or attempting to cause, or threatening to cause, damage to the spouse’s or the other person’s property.
(h) depriving, without any lawful excuse, the spouse or other person of resources which the spouse or other person is entitled to or requires, or of payment for rent in respect of shared residence.
The term “spouse” means a person who –
(a) is or has been civilly or religiously married to a person of the opposite sex.
(b) is living or has lived with a person of the opposite sex as husband and wife.
(c) whether living together or not with a person of the opposite sex, has a common child with that person. Types of reported cases of GBV in Mauritius by the lead gender machinery includes physical assault by spouse or partner; verbal assault by spouse or partner (ill treatment, harassment, abuse, and humiliation); threatening assault by spouse; physical assault by others living under the same roof.
In Mauritius, the most glaring manifestations of GBV is domestic violence or Intimate Partner Violence (IPV). According to the Protection from Domestic Violence Act (PDVA), domestic violence includes any acts committed by a person against his spouse, a child of his spouse or another person living under the same roof.
General causes of domestic violence
Numerous risk factors and causes have been identified by research as contributing to domestic violence, but they all share the demand for total control by the abuser. According to several studies, both environmental and personal factors interact to contribute to domestic violence. In essence, this means that when abusers mature from children to adults, they learn to manipulate others through the impact of their family, their environment, and cultural customs. Common triggers that of violent behaviour are disagreement with their intimate partner, financial issues, anger escalation, humiliation stemming from problems at work, jealousy, or envy among others. However, other causes include personal characteristics, community as well as societal factors.
Consequences of domestic violence
The consequences of domestic violence are also diverse in nature. They have a long-lasting effect on the individual, family members, community, and the economy.
Pyramid of violence
Signs of Abuse
Violence can occur in all settings and among all socioeconomic, religious, and cultural groups. Any form of abuse can be perpetrated by men or women and there is no restriction on marital, heterosexual, or homosexual relationship. Violence consists of a pattern of physical, verbal, sexual and psychological abuse. In order to understand the magnitude of violence, it is vital to recognise the signs of abuse. Some are signs include:
Based on Domestic Abuse Intervention Programs’ The Duluth Model.
Dynamics of Abuse
The dynamic of abuse commonly takes shape in varying modes of manipulation, and intimidation, aggression. Domestic violence victims do not commit acts of violence against themselves, they do not always lack confidence, and they are not equally violent as the abuser. It is only one when one partner feels they are entitled to power and control over the other and decides to use abuse to seize and hold onto that control that violence emerges in the relationship. There is usually one individual in a relationship who is primary, ongoing source of power, control, and abuse.
A variety of these additional forms of abuse frequently accompany one or more violent occurrences. They are harder to spot, but they firmly establish an intimidating and dominating pattern in the relationship.
Abuse occurs in a cyclical manner, as the wheel shows. There are times when things may be quieter, but those moments are followed by a rise in abuse, which typically leads to the abuser reaching their peak and escalating their severity of abuse. After that, the cycle frequently begins to repeat, usually intensifying over time. Every relationship is unique, and not all relationships adhere to the same pattern. Some abusers may repeat this pattern rapidly, while others may do it on a more lengthened frequency. However, abusers deliberately employ a variety of abusive techniques to engender dread in the victim and retain control over them.
Why do victims stay?
Victims of abuse often adopt strategies to maximize their safety and that of their children. There are various reasons why victims may stay in violent relationships, including:
- Fear of revenge.
- The rationalization of the victim that their abuser’s behaviour is caused by stress, alcohol, problems at work, unemployment, or other factors.
- The victim’s lack of knowledge of or access to safety and support.
- Lack of means to support themselves and/or their children financially or lack of access to cash, bank accounts, or assets.
- Concern for their children.
- Religious or cultural beliefs and practices may not support divorce or may dictate outdated gender roles and keep the victim trapped in the relationship.
- Lack of support from family and friends.
- Stigma or fear of losing custody of children associated with divorce.
- Love and the hope that the partner will change.
- Police officers and law enforcement may treat violence as a “domestic argument,” rather than a crime in which one person physically attacks another person, leading to a lack of support for victims.
International and National Commitments to GBV
The Convention on the Elimination of All Forms of Discrimination Against Women At the international level, the Convention on the Elimination of All Forms of Discrimination Against Women recommends collection of data on incidence of all forms of violence against women. Similarly, the Beijing Platform for Action (Equality, Development and Peace) contains a specific strategic goal pertaining to the collection and compilation of data and statistics on the different forms of violence.
Para 17(h) of the Concluding Comments of the Convention on the Elimination of Discrimination Against Women (CEDAW) noted the limited availability of data on gender-based violence in Mauritius. The Committee noted the
…lack of accurate statistical data on cases of gender-based violence against women and the frequent recording of acts of domestic violence as offences under the Criminal Code, such as under sections 228 to 232 on assault, sections 224 to 227 on threats and section 239 on involuntary homicide and wounds and blows.
The CEDAW Committee called upon Mauritius as a state party to the Convention to take steps to improve the accuracy and disaggregation in the recording of statistical data in particular with regards to gender-based violence (GBV) as per Para 18(h), while ensuring that data collection systems be disaggregated by age, sex, disability, ethnicity, location, and socio-economic status, in line with Para 40.
The Sustainable Development Goals (SDGs)
Goal 5 (Achieve Gender Equality and Empower all Women and Girls) of the Sustainable Development Goals provides a comprehensive list of indicators and metadata to measure violence against women. Target 5.2 under Goal to “Eliminate all forms of violence against all women and girls in the public and private spheres, including trafficking and sexual and other types of exploitation” contains 2 additional indicators (and their related meta data) to specifically measure violence/ gender-based violence.
- Indicator 5.2.1: Proportion of ever-partnered women and girls aged 15 years and older subjected to physical, sexual, or psychological violence by a current or former intimate partner in the previous 12 months, by form of violence and by age; and
- Indicator 5.2.2: Proportion of women and girls aged 15 years and older subjected to sexual violence by persons other than an intimate partner in the previous 12 months, by age and place of occurrence
National Strategy and Action Plan
The Mauritius National Strategy and Action Plan (2020 – 2024) to eliminate GBV across the Island is the primary document outlining a coordinated multisectoral response, demonstrating political will and commitment by its many stakeholders.
The National Strategy calls for a shared understanding of the issues of GBV including the root factors and triggers, strengthened levels of coordination, monitoring and evaluation of GBV trends, services, impacts and opportunities; leveraging community resources, individual group motivation, the ability to invest and sustain, and a dynamic process of learning and innovation.
The National Strategy comprises 4 sub-strategies focusing on changing social norms; enhancing priority services; assessing and improving legislative frameworks; and strengthening monitoring and evaluation processes.
Within Mauritius, there are different points of contact where GBV survivors are able to report violence. The inaugural meeting of the High-Level Committee on the Elimination of GBV was advised that survivors were more likely to report cases to the Police and Ministry of Gender Equality and Family Welfare. Other administrative data collection points include the National Human Rights Commission; Courts; the Citizen Support Unit; Ministry of Health and Quality of Life (Hospitals); NGOs/ Shelters.
The multiple entry points available for survivors of GBV has provided greater opportunity for increased availability and accessibility of services but has also in some cases resulted in more complicated navigation of accessing services, referrals, data collection challenges, privacy, and confidentiality breaches as well as limited follow-up reintegration and recovery support. These challenges have been and continue to be experienced internationally, with an emerging trend towards a more integrated, collaborative, and holistic service delivery model, with associated Indicators that meet both international, regional, and national commitments.
Legislation
Comprehensive legislations are fundamental for an effective and coordinated response to Gender-Based Violence. Mauritius is one on the leading African countries who have adopted all-inclusive laws to address gender-based violence. The Government supports the adoption and effective implementation of legislations which prevent violence against women, men, and children, punishes perpetrators, and ensures the rights of survivors. The main legislations that protect the victims of abuse at home and workplace are mainly imposed by the Ministry of Gender Equality and Family Welfare. The legislations are as follows:
Link Name | Associated documents |
---|---|
1. Protection Domestic Violence Act (2004) | The Protection from Domestic Violence (Amendment) Act 2004 |
Protection Domestic Violence Act Amendments (2007) | The Protection from Domestic Violence (Amendment) Act 2007 |
Protection Domestic Violence Act Amendments (2011) | The Protection from Domestic Violence (Amendment) Act 2011 |
Protection Domestic Violence Act Amendments (2016) | The Protection from Domestic Violence (Amendment) Act 2016 |
2. Children’s Act (2020) | Children’s Act 2020 |
3. Protection of Elderly Persons Act (2005) | Protection of Elderly Persons Act 2005 |
4. Equal Opportunities Act (2008) | EQUAL OPPORTUNITIES ACT, No 42 of 2008 |
5. A Consolidated Version of the Workers’ Rights Act 2019 | Workers Rights Act 2019 |
6. The Cybersecurity and Cybercrime Act 2021 | THE CYBERSECURITY AND CYBERCRIME ACT 2021 |
The State of Mauritius is party to a series of regional and international human rights instruments as listed below:
Treaty/ Convention | Date of ratification (r)/accession (a) |
Convention on the Rights of the Child (CRC) | 1990 (a) |
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) | 1992 (a) |
African Charter on the Rights and Welfare of the Child | 1992 (r) |
African Charter on Human and Peoples’ Rights | 1992 (r) |
Beijing Declaration and its Platform for Action | 1995 |
Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights | 2003 (r) |
Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT-OP) | 2005 (a) |
Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (CRC-OP-SC) | 2011 (r) |
Maputo Protocol to the African Charter on Human and People’s rights on the rights of Women | 2005 |
International Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) | 2008 (a) |
Optional Protocol to the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW-OP) | 2008 (r) |
Convention on the Rights of Persons with Disabilities (CRPD) | 2010 (r) |
The Common Market for Eastern and Southern Africa (COMESA) Gender Policy | 2002 |
The African Solemn Declaration on Gender Equality | 2004 |
The African Union Gender Policy | 2009 |
SADC Protocol on Gender and Development | 2016 |