Changing laws, changing attitudes - new Family Protection Bill aims to stop violence [1]
Saturday, April 20, 2013 - 20:00. Updated on Sunday, April 20, 2014 - 09:58.
By Linny Folau
Tonga’s new Family Protection Bill 2013 will provide protection orders that will quickly and firmly stop a significant crime in Tonga - a crime that has killed four women and left others hospitalized due to severe beatings from either their partners or husbands.
The proposed bill, to be submitted to parliament later this year, is aimed at providing better protection of victims from domestic violence by introducing a new area of protection orders.
"We have heard that 45 percent of Tongan women have experienced at least one of the three types of violence: physical, sexual and emotional violence in their lifetime, and I hope the bill will change our attitudes towards the significant social problem that is affecting everyone in the community," said an advocate attending an "Upskilling of Journalists and Advocates Reporting on Domestic Violence Workshop" in Nuku'alofa this week.
Protection Orders
The Attorney General Neil Adsett said the bill should be a big help to victims of domestic violence.
“Will this new law change attitudes? – It may by letting everyone know that the law is in place to deal with incidents quickly and firmly.”
He said that under the new law victims can apply for Protection Orders immediately on the same day that will stop the violence and stop the perpetrator living in the house or harassing the victims.
Police would also get the power to issue on the spot Police Safety Orders as soon as they get to the scene, separate the parties and stop the violence.
He said the protection orders must be obeyed or the perpetrator will be arrested until the court looks at the situation and makes protection orders.
There can be custody and access orders for children and many others that have immediate effect and that can be made final after all the parties have had their say, when things cooled down, he said.
Emotional abuse
Lesila Lokotui To'ia
Lesila To’ia of the Women and Children Crisis Centre said they lobbied for the bill with the hope there will be a change in people’s mindsets in regards to family violence.
She said most of their cases were women, with a few men and children. The majority were emotionally abused, mostly because of their partner's or husband’s infidelity.
“Physical abuse came second and female victims were either kicked, punched and smacked, causing severe injuries that resulted in hospitalization.”
In just three months from January to March this year, the centre received 156 victims. Last year they recorded 283 victims, an increase from 262 reported in 2011.
She said some of their victims who have been told about the bill are happy because it provides them with protective measures.
“It is a hard process, because we grew up in a patriarchal society where men dominate and make decisions and domestic violence was seen as a private matter between the husband and wife. We expect the bill can change people’s mindsets because we do not want to break-up families, but we want to put it as deterrent to perpetrators to recognize their wrong behaviours and stop it.”
Attitudes
Lola Koloamatangi, a counsellor at the Tonga National Women and Children Centre said she can’t be certain whether the bill will change attitudes towards domestic violence, but it will help.
She said the family protection bill is good because the victims would be better protected and a big part of the deterrence is the penalty.
“I think I would like it increased if we are looking at seriously addressing deterrence that is in the penalty.”
Proposed penalties for first offence of committing domestic violence is 12 months imprisonment or a fine of $2,000 pa’anga, while a second offending attracts three years imprisonment and fine up to $10,000.
Beatings
She said they had very serious cases that included a wife coming in with serious bruising after being beaten-up by her husband with an electric wire, while another woman came with one of her left fingers crushed.
"In January to March this year we had 72 victims consisting mostly of women seeking help at the centre, while 167 cases were reported last year, a jump from 149 in 2011.
"Emotional violence was the most common that saw women fed-up with their men, or husbands being drunk all the time, among other issues. Physical abuse saw women victims being slapped, punched and beaten."
Lola said it is a long journey as this crime is a behaviour problem, but the bill is good as it addresses domestic violence directly and will play a major role in its reduction.
Change
Cassandra Moala a young woman in her 20’s and technical advisor to Women in Sustainable Enterprises WISE Tonga Inc. said one of the main problems in Tonga and other Pacific countries is the mindset towards domestic violence.
“We need to understand this kind of behaviour is not accepted in any form of culture. It is not a way of living and definitely not a part of our Tongan culture.”
She said one way the new bill can change the attitudes of men is the protection orders that can remove a man from his home although it is his property due to domestic violence.
“In Tonga we have a perception with our men if you live under his house you answer to him. The new protection orders would remove the man from the home regardless if he is the owner of the property when you commit domestic violence.”
Defining violence
The Bill initiated by the Women’s Affairs now under Ministry of Internal Affairs, defines domestic violence as physical abuse, sexual abuse, mental abuse and endangers health, safety or well being of the victim.
A first element is that the perpetrator and the victim must be in a domestic relationship whether married, defacto, extended family or sharing residence.
Protection orders prevent domestic violence and economic abuse. The bill also provides for police duties and promote the health, safety and well-being of victims of crime.
Linny Folau, Matangi Tonga's crime reporter and photo-journalist, was the overall winner of the TNPC-IWD 2013 Journalism Award for the most informative news article on the proposed changes to family violence policy and laws in Tonga.