Stop violence against women: the problem is social, not personal.

"Everyone has the right to life, liberty and security of person. No one shall be subjected to torture or to cruel, inhumane or degrading treatment or punishment. Everyone has the right to recognition everywhere as a person before the law. Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law."

--The United Nations Declarations of Human Rights

Violence is clearly a violation of security of person and is also cruel, inhumane, degrading and torturous. It is the international responsibility of the state to eliminate political and social permissiveness. Yet violence against women in Thailand masks itself in many forms, including the familial--domestic violence and marital rape, and the not so familial--human trafficking, sexual violence, assault and rape. Underlying both of these is the structural violence against women and the lack of adequate laws protecting women's basic human rights. The 2003 World Health Organization Multi Country Study on Women's Heath and Domestic Violence Against Women shows that 41.1% of ever partnered women in Bangkok and 47.4% in rural Thailand have experienced physical or sexual violence by an intimate partner.

The Thai media recently widely publicized a comment made by Thailand's present Minister of Social Development and Human Security, that a "wife should make a bow at her husband's feet before going to bed to reduce family problems." This statement reflects the change in attitude required in government ranks before it can be fully established that domestic violence is a social and human rights problem in Thailand. For widespread change in social attitude, awareness of the structural and cultural causes of violence must be raised and the government must adopt a horizontal approach to resolution of the community wide issue.

The Thai government has implemented a number of campaigns to reduce violence against women over the last five years. There are now increasing numbers of shelters in all regions to provide assistance to women and children who experience gender-based violence. Crisis Centers for victims of gender-based violence have been introduced in twenty hospitals. Since the hospital is the first place the victim will go to attend to her immediate physical injuries (if she goes anywhere at all), hospitals providing this service aim to network with support services and the police to make assistance easily available to her. Another measure taken up by the government was the opening of a Hotline for Violence Against Women services, providing victims with 24 hour advice about assistance and counseling they can access. Many other NGOs also supply this service.

Celebrating November the 25th as the International Day for the Elimination of Violence against Women, was adopted by Thailand in 1999. For the last six years the Thai government has initiated anti-violence advertisements, promoted the White Ribbon Campaign, and organized walk rallies and training workshops for female community leaders and police. In May 2000, the Cabinet also approved policies and plans to "Eradicate Violence against Children and Women".

All of these steps are welcome measures in the elimination of the widespread attitude that domestic violence is not a crime but a personal problem. Governmental offices have given more priority to the issue, but there are still problems in practice. Authorities do not protect battered women and the police do not seriously accept and pursue complaints made by battered women. The Crisis Centers are good in theory, but there are still many hiccups within the model. FFW has found that victims of domestic violence who attend a Crisis Centre often do not have much choice in deciding what assistance they want and are told to go back and live with their husband without any effective assistance to change his abusive behavior. Victims are not provided with easy access to legal redress or support services in the way that the program is designed to provide. While many resources are spent on the advertising campaigns, there remains a lack of support mechanisms such as psychological treatment, compensation and social assistance for abused women. Some of the advertising campaigns themselves are misguided. They minimize the responsibility of the perpetrator and lead the community to think that domestic violence is simply the result of alcohol consumption.

A Prevention and Resolution of Domestic Violence Bill has been drafted by the Ministry of Social Development and Human Security. "The draft bill has been approved by the Cabinet and its details are now being examined by the Council of State, the government's legal arm, before it joins a long queue of draft measures awaiting Parliamentary debate and voting.

What the Bill Says:

Given the weak legal enforcement of criminal laws to punish abusive husbands, the draft Domestic Violence Bill aims to provide victims with immediate assistance while offering an opportunity for abusers to "reform" in order to keep the family unit together.

People falling under the proposed law's protection include spouses, former spouses, common-law spouses, former common-law spouses, children, stepchildren, family members, relatives and servants. In the draft bill an offence is defined as any act intended to hurt another's physical or mental health, but excludes accidents. Cases are also allowed to be settled out of court. When an offence is reported, the law allows the authorities to send the abuser for rehabilitation, have their behavior monitored or put them on probation instead of passing a custodial sentence. The court can also order the abuser to pay medical and other expenses for the victim as well as compensation, and can order the abuser to leave the home and stay away from family members, including children.

In response to complaints of police negligence, the law makes it mandatory for the police to take up such complaints and file charges themselves if the victim is not in a position to do so at the time. The charges must be sent to the Family Court within 48 hours and postponement cannot exceed 18 days. The law will also require the police to support victims with psychiatrists, psychologists, social workers, or other people specified by the victim.

The law prohibits media reporting of cases of domestic violence and those who violate this provision are subject to a maximum jail sentence of six months/or a maximum fine of 10,000 baht--10 times the maximum fine leviable on the abusers themselves. The draft bill makes it clear that the courts must give primary consideration to reconciliation and out-of-court settlements to preserve the family unit. To aid with reconciliation, the police or the court can set up a team of mediators, consisting of the spouse's parents and other suitable people to help resolve any conflicts. If successful, a reconciliation contract must be drawn up and signed." (3)

In 2005 the Foundation for women and the Alliance for the Advancement of Women organized 4 public hearings of the Bill--in the North, North East, Central and Southern regions of Thailand. At each hearing domestic violence victims, experts and police outlined changes that should be made to the Bill before it is approved by the State Council.

The Public Hearings--what the Public Says:

The present wording of the Bill does not address the serious problem of marital rape and it is unclear if gay couples or non-Thai nationals are protected. The maximum penalty under the Bill is six months jail where as Article 295 of the Criminal Act states that the maximum penalty for physically assaulting a person is a two year jail term. The discrepancy between the two laws concerning violence opens room for selective use of the law, in favor of the offenders, and assumes that domestic violence is a lesser offence than violence which occurs publicly. The Bill's "statute of limitations", preventing victims from accessing legal remedy after three months of the assault occurring, is simply too short, and doesn't take into consideration how difficult and complex the decision to seek legal remedy is for battered women. The "accident" provision could provide a loophole, allowing abusers to avoid prosecution. Those who provide refuge to victims receive little protection.

The Bill emphasizes the importance of the family, even above the welfare of the victim, and gives too much authority to the police, the court and the victim's relatives in deciding the victim's future. This only further disempowers her rather than enabling her to take control over her life and exercise a personal choice to enjoy a safe and non-violent environment. Without proper training for the police and judicial personnel, the law will be entrusted into the hands of those who have little understanding of domestic violence.

"The male-dominated police force has long been the target of criticism for ignoring domestic violence and for trivializing such complaints by treating them as insignificant family quarrels. Yet the draft bill gives the patriarchal police force near total power over the handling of domestic violence complaints. Judges are also entrusted with the authority to decide on what measures to take to keep a family together. The victim's voice and needs have little room in the legislation purportedly designed to protect them.

"Return to reality" cautioned psychiatrist Prasert Palitponkarnpim. With only about 300 psychiatrists available nationwide, he said it will be impossible for the law--that requires psychiatrists to be on hand to support the victims--to work. "We also need legal clarification in order to implement the law," added policewoman Pavina Ekachat. Phrases contained in the draft such as "the acts leading to danger", or "necessary measures in time of urgency" must be clearly defined, she urged. The police are also at a loss as to where to detain abusers if the need arises. "And where is the support?" questioned the policewoman. At present, she said, the police must pay--out of their own pockets--for the video tapes, phone calls and other expenses in cases concerning children. Believing that more severe punishment will discourage abusers, many have suggested that sentences should be calculated consecutively, with each instance of domestic violence adding to the total sentence. It has also been suggested that a special fund be set up to help ease the implementation of the domestic violence law." (4)

On behalf of women in Thailand who are subjected to domestic violence, rape, and spousal abuse every day, in their own homes, and their own beds, the Foundation for Women will compile the recommendations developed at the four Public Hearings and advocate for these recommendations to be adopted into the draft bill, so that the long awaited legislation will be of an international standard in women's human rights protection rather than a backwards piece of law robbing women of their right to exercise choice.

Spousal Rape:

In 2005 AAW and FFW also ran a campaign to remove the exemption on spousal rape under article 276 in the Thai Criminal Code, which states "Anyone who rapes other woman who is not his wife will be punished by being imprisoned from 4 to 20 years". More than 10,000 signatures have been collected in support of amendment to this legislation which allows spousal rape to occur unpunished, since it is not defined as a crime. Recently the United Nations handed down a recommendation that the Thai government delete the words "who is not his wife", so that women are protected from marital rape under Thai Law. At present changes the Article are "still being considered".

(3) Bangkok Post Outlook, Tuesday November 25, 2005, Violence in the Home, by Sanitsuda Ekachai

(4) Bangkok Post Outlook, Tuesday November 25, 2005, Violence in the Home, by Sanitsuda Ekachai