Committee split over proposal to make domestic violence awareness a legal duty

BROWN BURKE... it is a national crisis that we are facing, and therefore it requires that bold step. Calls are mounting for Jamaica to make public education on domestic violence a legal requirement, with some legislators arguing that awareness campaigns must be mandated by law rather than left to Government policy. This step, they argue, will send a signal that the country is serious about reducing gender-based violence. The proposal emerged on Thursday as Parliament’s joint select committee reviewing the Domestic Violence Act debated recommendations that would require public education, school-based interventions and data collection to be written into the legislation rather than remain matters of Government policy. While all members of the committee supported the need for more public education to combat gender-based violence, they were divided over whether those efforts should be mandated by law. Among the strongest supporters of that position was Opposition Member of Parliament (MP) Dr Angela Brown Burke, who argued that although the Bureau of Gender Affairs has carried out extensive public education campaigns over the years, the country’s response should no longer depend on the priorities of the Administration of the day. “I really want to move it from just simply the grace and kindness and the enlightenment of who runs the Gender Affairs Bureau, or who the minister is, but [ensure] that it is a national commitment that we are making… Let’s mandate it because Jamaica is at a point where we cannot afford to leave it simply to the policy of a Government so minded. We all need to take it seriously enough to understand that it is a national crisis that we are facing, and therefore it requires that bold step,” she declared. Brown Burke said the issue has become too urgent to continue relying on goodwill alone, noting that Parliament repeatedly expresses outrage whenever another brutal case of domestic violence or femicide makes headlines. “I personally am tired of coming to Parliament to talk about how sad we are about a case that is in the news, whether it actually ends up as a death or it is some really very horrific act… And honestly, we’re just kind of tired of our international commitments leading the way. This is a national commitment that we need to make,” she argued. Her position found support from Opposition MP Denise Daley, who argued that stronger public education is essential because many Jamaicans still do not recognise behaviour that would amount to domestic violence or other criminal offences. Drawing on conversations within her constituency, Daley said some people genuinely did not understand that actions they consider normal could attract criminal sanctions under the law. However, while members broadly agreed that public education is indispensable, there was less consensus on whether it belongs in legislation. Government Senator Rose Bennett Cooper questioned whether Parliament should create laws when there may be no way to penalise those who break them. “A part of my concern, colleagues, is that I think it is unwise for us to legislate certain types of behaviour where we cannot impose actionable sanctions… if there are no actionable sanctions that can follow certain things, why is it a matter of law instead of policy or otherwise?” she questioned. In response, Solicitor General of Jamaica Marlene Aldred told the committee there are occasions when Parliament deliberately creates statutory duties without attaching criminal penalties. She pointed to the Tobacco Control Bill as an example where public education was included in legislation to help Jamaica fulfil international obligations and strengthen the case for Government funding. Government MP Marlene Malahoo Forte also accepted that sustained public education is vital, but urged the committee to proceed carefully before writing such provisions into law. “Jamaica is not short of statutes. However, there is a huge gap between the enforcement and implementation of the law… At this stage, as well-intentioned as I find the suggestion and as important as the areas are, I wouldn’t recommend that we consider it for new provisions in the law,” she said.