Guidelines for the Support and Care of Victims of GBV and HIV and AIDS Related Abuses
MALAWI POLICE SERVICE
COMMUNITY POLICING SERVICES
VICTIM SUPPORT AND CHILD PROTECTION
GUIDELINES FOR THE SUPPORT AND CAREOF VICTIMS OF GENDER BASED VIOLENCE,
HIV AND AIDS RELATED ABUSES,
AND OTHER HUMAN RIGHTS VIOLATIONS
Prepared in collaboration with the Malawi Human Rights Resource Centre (MHRRC)
TABLE OF CONTENTSAcronyms6
Acknowledgements8
Preface9
Chapter 1: Introduction10
1.0Introduction10
1.1Purpose of the Victim Support Unit Guidelines10
1.2To Whom Do the Guidelines Apply10
Chapter 2: The Victim Support Units12
2.0Background12
2.1 Key Concepts Used in a Victim Support Unit12
2.2 Location of a Victim Support Unit15
Chapter 3: Functions of the Victim Support Unit16
3.0Counseling16
3.1 First Aid16
3.2 Giving Advice16
3.3 Referral Unit16
3.4 Private Interview Unit16
3.5 Gender and Domestic Violence Unit17
3.6 Help for Children17
3.7 General Sensitization on Human Rights and Policing17
Chapter 4: Management of the Victim Support Unit18
4.0Criteria for Appointing Police Officers for the Victim Support Unit18
4.1 The Induction Course18
4.2 Legal Human Rights Instruments19
4.3 Work Ethics19
4.4 Composition of Stakeholders in the Victim Support Unit20
Chapter 5: Types of Offences/Abuses handled at aVSU 21
5.0Definitions of Key Terms 21
5.1 Forms of Gender Based Violence21
5.2 Child Abuse23
Chapter 6: Relationship Building24
6.0First Aid Administration24
6.1 Psycho-Social Support24
6.2 Some Clues to Look for When Assisting a Client25
6.3 Importance of Psycho-Social Support 26
6.4 Behaviours in Children that Require Psycho-Social Support26
Chapter 7: Complaint Hearing28
7.0Reporting of Cases to Victim Support Units28
7.1 Modes of Reporting28
7.2 Verification31
7.3 History Taking 31
Chapter 8: Investigations33
8.0Interviews33
8.1 Complaint Received by Telephone33
8.2 Complaint Received in Person34
8.3 Taking Action at the Community Level35
8.4 Invite Witnesses35
8.5 Arrest Suspects35
8.6 Exhibits35
8.7 Referrals36
8.8 Record Keeping37
Chapter 9: Counseling38
9.0Definition of Counseling38
9.1 Nature and Process of Counseling38
9.2 Counseling Skills39
9.3 Counseling Techniques40
9.4 Qualities of a Good Counselor40
9.5 Challenges of Counseling41
9.6 Communicating with Children41
9.7 Rehabilitation41
Chapter 10: Conflict Resolution42
10.0Mediation42
10.0.0Role of VSU Officers in Mediation42
10.0.1Where Can Mediation Take Place?43
10.0.2Most Important Tasks for Mediators43
10.0.3Steps in the Mediation Process43
10.0.4Requirements of a Mediation Officer44
10.1Arbitration44
10.1.0Differences between Mediation and Arbitration44
10.1.1Differences between Arbitration and Court44
10.1.2Role of the Arbitrator45
10.1.3Should the Arbitrator Be a Lawyer?45
10.1.4Importance of Privacy during Arbitration45
10.1.5How to Conduct an Arbitration Proceeding 45
10.1.6Places Where Arbitration Can Be Conducted45
10.2Follow-ups46
10.3Referrals46
Chapter 11: Child Play Therapy47
11.0Basic Principles of Non-Directive Therapy47
11.1Principles for Relating to Children48
11.2Tenets for Relating to Children49
11.3Recommended Toys and Materials for the Playroom49
11.4Procedures for Setting Limits in Child Play Therapy49
11.5 Points to Consider in Terminating Child Play Therapy50
Chapter 12: The Prevention of Domestic Violence Act 51
12.0Purpose of the Act51
12.1 Duties of the Public51
12.2Duties of the Police51
12.3Powers of the Police51
12.4Exercising Powers of Arrest for Breach of a Court Order52
12.5Conduct during the Proceedings53
12.6Application for a Final Order56
12.7Breach of an Order56
Chapter 13: Sensitization57
13.0Definition of Sensitization57
13.1 Importance of Networking and Collaboration57
13.2 Some Topics for Sensitization Sessions57
13.3 Existing Tools for Preventing Violence58
Concluding Remarks59
References60
ACRONYMSACHPRAfrican Charter on Human and Peoples’ Rights
ACRWCAfrican Charter on the Rights and Welfare of the Child
AYISEActive Youth Initiative for Social Enhancement
ADRAlternative Dispute Resolution
AIDSAcquired Immunodeficiency Syndrome
CATConvention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
CAVWOCCentre for Alternatives for Victimized Women and Children
CEDAWConvention on the Elimination of All Forms of Discrimination against Women
CERDInternational Convention on the Elimination of All Forms of Racial Discrimination
CP&ECCriminal Procedure and Evidence Code
CRC Convention on the Rights of the Child
CRECCOMCreative Centre for Community Mobilization
CSOCivil Society Organization
GBVGender Based Violence
HIVHuman Immunodeficiency Virus
ICCPRInternational Covenant on Civil and Political Rights
ICSECRInternational Covenant on Social, Economic and Cultural Rights
MHHRCMalawi Human Rights Resource Centre
MoGCCDMinistry of Gender, Children and Community Development
MoHMinistry of Health
NGONon-Governmental Organization
OPCATOptional Protocol to the Convention against Torture
PDVAPrevention of Domestic Violence Act
PLWHAsPeople living with HIV and AIDS
RHUReproductive Health Unit
SADCSouthern African Development Community
UNICEFUnited Nations Children’s Fund
UNHCRUnited Nations High Commissioner for Refugees
VSUVictim Support Unit
ACKNOWLEDGEMENTS
The production of the “Guidelines for the Support and Care of Victims of Gender Based Violence, HIV and AIDS Related Abuses, and Other Human Rights Violations” was coordinated by the Malawi Police Service ( Community Policing Services Branch) and Malawi Human Rights Resource Centre (MHRRC), a local non-governmental organization (NGO) committed to the promotion of a human rights culture in Malawi by working with civil society organizationsand other institutions such as the Malawi Police Service.
The Malawi Police Service (MPS) and MHRRC gratefully acknowledge the following individuals who willingly participated in the production of these Guidelines:
Mrs. C. Y. Ngauma- Malawi Police Service
Mr. G. H. Kainja - Malawi Police Service; Community Policing Services Branch
Mr. W. Munthali - Malawi Police Service; Kanengo Community Policing Services
Mr. H. Katengeza - Ministry of Health; Reproductive Health Unit
Mrs. J. Phekani - Centre for Alternatives for Victimized Women and Children
Ms. Z. Ntaba - Ministry of Justice
Ms. A. Mkandawire- Ministry of Gender, Children and Community Development
Mr. J. Namoto - Centre for Resource and Community Mobilization
Mr. C. Misuku - Active Youth Initiative for Social Enhancement
The MPS and MHRRC would also like to thank the team of editors who critically looked at the handbook and made constructive comments, namely: Gideon Kachingwe from the Ministry of Gender, Children and Community Development; Naile Salima from Oxfam (Mw.); Darlington Akambadi from the Lilongwe VSU; Noel Kayira and Bernard Chimaimba from National Police Headquarters; Tomoko Horri and Martin Nkuna from the United Nations Children’s Fund (UNICEF) Malawi; and George Phiri from Social Welfare, Lilongwe Office.
The MPS and MHRRC give special thanks to the Norwegian Government and UNICEF Malawi for the financial support they provided to make the process of developing these guidelines possible.
PREFACE
The “Guidelines for the Support and Care of Victims of Gender Based Violence, HIV and AIDS Related Abuses, and Other Human Rights Violations” is a product of the efforts of several individuals over a long period of time. Police officers worked together with other stakeholders, including the Ministry of Gender, Children and Community Development;the Ministry of Justice;the Ministry of Health through the Reproductive Health Unit;the Centre for Alternatives for Victimized Women and Children; Active Youth Initiative for Social Enhancement; Oxfam partners working in the field of gender and HIV and AIDS; and other experts, to come up with the Guidelines. This certainly sets a milestone in police reformation. I thank all those who contributed to making this project a reality. I am expressing my gratitude to the Norwegian Government through the Malawi Human Rights Resource Centre for providing the financial support for the project and hope that this is the beginning and remaina continuous process.
By making these Guidelines a resource document for all Police formations, awareness of the challenges of abuse will be raised and in turn the detection rate of such abuses will increase. These Guidelines focus on the care and support of women and children as they are the ones who frequently suffer as victims of abuse. However, it is acknowledged that men are also victims of abuse, and these Guidelines address a range of abuses that apply to all individuals, both men and women.
It is believed that the implementation of these Guidelines come at an opportune time when the Malawi Police strongly desires to fulfill its aspirations of becoming a more humane and responsive police service. The Malawi Police Service never takes for granted the mutual relationship that exists between itself and the communities in the country as a result of the Community Policing Programme.
As Inspector General of the Malawi Police Service, I am well aware of the huge burden that we face as regards to the high rates of gender based violence and HIV and AIDS related abuses. It is crucial for the future of this country that we win the battle against gender based violence, child abuse and HIV and AIDS related abuses. It is for this reason that I believe these Guidelines will be of great assistance. As our officers become aware, understand and appreciate what these Guidelines are and how they relate to law enforcement, gender based violence, child abuse and HIV and AIDS related abuses will be history.
I, therefore, recommend these Guidelines as they will assist us in ensuring that our communities are crime free and that the Police can enjoy the trust and earn the respect and appreciation of all our people.
Mr. Peter M. Mukhito
Inspector General of the Malawi Police Service
CHAPTER 1: INTRODUCTION1.0Introduction
These guidelines have been developed by a multi-sectoral team of professionals within Malawi as a guiding instrument to Victim Support Unit (VSU) Officers and other interested parties on how to provide care and support to victims/survivors of gender based violence (GBV),HIV and AIDS related abuses, and other human rights violations. These guidelines serve to stipulate the roles and responsibilities of all the stakeholders in GBV, HIV and AIDS, and other human rights issues. Further, they highlight the roles, responsibilities and procedures to be followed by all service providers working in VSUs from the time that a victim/client discloses that an act of GBV,HIV and AIDS related violence, or other human rights violation has occurred.
This handbook was developedbecauseof the need expressed by communities and service providers for a clear procedure for offering support and care to victims of abuse. These guidelines will minimize further trauma and distress to victims of abuse and maximize the efficiency of the service providers who are there to support them. These guidelines have been produced to uphold the rights of vulnerable victims who have faced various forms of abuse.
1.1Purpose of the Victim Support Unit Guidelines
The purpose of the Guidelines is to:
- Provide a coherent, uniform and complementary plan to assist victims of GBV, HIV and AIDS related, and other human rights abuses.
- Safeguard GBV, HIV and AIDS related, and other human rights abuse victims who report their cases so that they receive the most effective and efficient services that willreduce the distress and trauma of the abuse.
- Highlight the roles, responsibilities and functions of all involved in the reporting procedure.
- Provide a uniform and standard set of procedures in handling victims of abuse.
- Ensure that all interventions forvictims of abuse are conducted in a systematic and comprehensive manner.
- Improve victim support services for all police officers working in aVSU.
- Provide police officers with information about the knowledge and skills that are necessary for the management of victims.
- Offer standard operations for victim support, care and guidance during evidence collection and counseling.
1.2To Whom Do the Guidelines Apply?
The following departments and organizations are bound by these guidelines due to their commitment to and involvement in serving victims of abuse:
- VSUOfficers under the Community Policing Services Branch of the Malawi Police Service
- Community members serving in VSUs in Malawi
- Officers of the Ministry of Gender, Children and Community Development (MoGCCD) – the Department of Social Welfare, the Gender Affairs Department, and the Department of Community Development
- Members of the Judiciary
- Ministry of Health (MoH)
- Staff of civil society organizations (CSOs) that provide support, care, shelter and counseling to victims of abuse
CHAPTER 2: THE VICTIM SUPPORT UNITS
2.0Background
Victim support and child protection is a critical component of the community policing initiatives of the Malawi Police Service. VSUs wereestablished in 2001 with the aim of protecting, promoting and upholding the rights of victims/survivors of various forms of criminal and civil activities,especially those of vulnerable women and children. The VSUs were established as part of the Police Reform Programme in which the police were expected to diversify their services and provide assistance in a holistic manner. The VSUswere also introduced in order to offer much needed assistance to victims of various crimes. In the past, the police focused their efforts onoffenders,ignoring victims who, in the process, suffered even greater harm.
Violence, abuse, neglect, exploitation and discrimination affect women and children across all the social strata in Malawi, greatly endangeringtheir safety and security and at the same time limiting their opportunities for development. Women and children are exposed to different types of violence and abuse, including psychological, physical and economic abuse. Such abuse occurs in homes, institutions and public places, or even underthe custody of those who are supposedto offer protection including government officials, parents and spouses.
The challenges to the protection of women and children include poverty, HIV and AIDS, and food insecurity. The ongoing effects of HIV and AIDS raise new challenges for protecting children and women, especially for those who are already vulnerable. Access to medical, psychological, rehabilitative and legal services remainslimited. This compounds the suffering of victims of violence and serves to maintain the culture of impunity, in which victims are reluctant to report abuses and perpetrators remain out of the reach of the justice system.
In recent years, with the help of some key stakeholders and CSOs, VSUs have been established that have such service providers as police officers, healthcare workers, social workers and legal service providers. These service providers have helped to handle cases of GBV, HIV and AIDS related, or other human rights abuses that are taking place within communities.
However, some VSUs have operated without adhering to proper guidelines, leading to the fragmentation of services. As such, there is a need to have a set of guidelines on how VSUs throughout the country should operate.
In order to understandvictim support, one needs to understand that a victim is not necessarily someone whose rights have been directly violated. Victims include all those peoplewho are close to the “direct” victim andwho have been emotionally affected by the violation. VSUsare there to assist all victims. Acts that may cause violations of people’s rights are also dealt with in the VSUs to prevent those violations from occurring.
2.1Key Concepts Used in aVictim Support Unit
Victim Support UnitA room set aside at a police station where victims of violent crime who need privacy cango toreport their cases. This room offers an environment that is conducive to assistance, support and protection. Victims are made to feel comfortable and build confidence, encouraging them to give the required information which will helpservice providersunderstandthe position of the cases at hand.
VictimA person who in one form or another has suffered harm, including physical, mental, emotional, or economical, or loss or substantial impairment of her/his fundamental rights through another’s acts or omissions which are a violation of criminal and/or civil law.
Victim Support ServicesAssistance rendered to victims of such crime as GBV, HIV and AIDS related, or other human rights abuse. It entails the following:
- Treating victims/complainants and their families with respect and courtesy.
- Taking statements in a professional manner.
- Providing victims/complainants with their case number as well as details about the investigating officer.
- Informing and educating victims/complainants about the procedures of the Police investigation and the criminal justice system.
- Providing advice on crime prevention.
- Referring victims/complainants to medical, counseling and/or support services in the community.
Gender Based ViolenceAny unlawful act perpetrated by a person against another person on the basis of their sex whichcauses suffering on the part of the victim and results in, among others, physical, psychological/ emotional harm and economic deprivation.
Service ProviderAny person or body of persons approved to provide assistance to victims of abuseby the Minister by order published in the Gazette, including the police, community policing forums, faith-based organizations, government institutions, and non-governmental voluntary and charitable organizations.
RapeUnlawful carnal knowledge of a woman or girl without her consent, or with her consent if the consent was obtained by force; means of threats or intimidation of any kind; fear of bodilyharm; or means of false representations as to the nature of the act, or in the case of a married woman, by personating her husband.
Girls under the age of 13 years cannot legally consent to sexual intercourse; therefore irrespective of the circumstances, such sexual intercourse will always be rape. In some areas in Malawi, girls between the ages of 12 and 15 years can be victims of statutory rape.
DefilementUnlawfully and carnally knowing any girl under the age of thirteen yearswith or without her consent.
IncestAny male person who has carnal knowledge of a female person who is to his knowledge his grand-daughter, daughter, sister, or mother, or any female person of or above the age of sixteen years who with consent permits her grand-father, father, brother, or son to have carnal knowledge of her knowing him to be her grand-father, father, brother, or son.
Indecent AssaultUnlawful and indecent assault on any woman or girl.
(This may involve touching another person in a sexually explicit way).
Attempted RapeAttempt to commit rape.
Child Sexual AbuseThe act of an adult or someone older involving a child in any form of sexual activity, ranging from fondling the child’s sexual parts to actual or attempted penetrative sex.
SodomyUnlawful and intentional sexual relations between two males involving penetration of the anus.
(The law finds consent to be irrelevant in sodomy.)
Statutory RapeSexual intercourse with girls, who are under the age of 16 years but over13 years, with their consent.
(Girls under the age of 13 years are considered to be incapable of consenting to sexual relations.)
IntermediaryA specially trained interpreter through whom achild communicates with the court.
Support PersonA person appointed by the court, such as a parent, guardian, relative or any other person,who the court considers is able to give moral support to a vulnerable witness while the witness gives testimony in court.