Gov’t backtracks, domestic violence to be listed as public crime

The campaign to list domestic violence as a public crime has been ongoing for over a year, as this June 2013 picture shows

The government will be suggesting listing domestic violence as a public crime, the Social Welfare Bureau’s president revealed yesterday.
After months of discussion, Iong Kong Io has said that consensus has been reached and the current draft legislation will treat domestic violence as a public crime. This means that the investigation and prosecution of domestic violence cases will no longer depend on a complaint filed by the victim.
Speaking to reporters yesterday, the president of the Social Welfare Bureau (IAS), Iong Kong Io, said that they hope to finish drafting the bill this month. “According to society’s current will, it will be [listed as] a public crime. The government agrees,” he revealed, adding that it will not only include cases of physical violence but also of psychological abuse.
The last version of the domestic violence bill, however, was quite different, as the authority was still considering listing domestic violence as a public crime only in cases of “repeated violence.” The term had raised controversy, with domestic violence concern groups urging the government to change its position, arguing that Macau’s administration had failed to acknowledge the complexity of the crime and its impact on victims and their families.
Iong Kong Io brought attention to the fact that the government and IAS took into account public opinion when deciding to list domestic violence as a public crime. “After gathering stakeholders’ opinions, particularly those of social solidarity associations, the government conducted a in-depth study of the matter,” he said.
More controversial issues of the domestic violence bill are also being re-assessed, IAS president stressed, cited by TDM.
Iong Kong Io stated that IAS and the government are still working on the concept of domestic violence. He said it has to be limited, but they’re hoping to reach a clear definition of this type of violent behavior.
Recently, local LGBT advocacy group, Rainbow of Macau, launched a campaign pushing for same-sex couples to be protected by the domestic violence bill. However, this is unlikely to happen, Iong Kong Io confirmed yesterday. He added that domestic violence cases involving same-sex couples will be considered aside from the domestic violence legislation, since there is no legal framework in Macau for same-sex marriage.
He added that the government is being cautious regarding this matter, but if any victim has any difficulties, “IAS will provide support.”
The authoriry’s decision to list domestic violence as a public crime comes right after another report issued by the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW), released last Friday. The Committee had urged Macau to list domestic violence as a public crime.
The UN entity provided a series of recommendations to the MSAR’s administration, including strengthening the system of data collection on all forms of violence against women, particularly on rape; encouraging the reporting of all forms of violence against women; and ensuring effective investigation of complaints and the prosecution of violence acts against women.
CEDAW also urged the government to ensure that the future bill will provide for the use of protection orders. It also advocates for the provision of sufficient and adequate shelters for women who are victims of violence.
The Committee noted that progress has been made by the MSAR’s government in combating violence against women, but said it remains concerned “at the prevalence of violence against women.”
CEDAW is especially concerned that the MSAR has not yet established a human rights institution.
Local anti-domestic violence groups have been advocating for the recognition of domestic violence as a public crime over the past few years. Scholar and member of the Macau Anti-Domestic Violence Coalition, Melody Lu, had already revealed on Sunday that the government was considering listing domestic violence as a public crime. She recalled that after the bill is drafted, it will be submitted for civil groups’ scrutiny.
Professor of the Macau Polytechnic Institute, Cecilia Ho, welcomed the government’s decision and said Macau’s administration was very open to society’s opinions, Radio Macau reported.
She stressed that it is crucial to ensure a good coordination between entities dealing with domestic violence. The scholar thinks there is a need to look at domestic violence as a human rights issue, and not as a mere private matter. CP