Addressing Gender-Based Violence in Windhoek, Namibia: Enhancing Protection Order Enforcement

Gender Based Violence in
Windhoek, Khomas Region,
Namibia
Effective enforcement of Protection Orders
Team members
Dr Mitonga – UNAM School of Public Health
Ms. Kahitu – City of Windhoek Health Services
Mr. Usurua – Ministry of Health Planning
Ms. Kaunatjike – WHO Namibia  Health
Promotion
Context and importance of problem
Context and importance of problem
Context and importance of problem
Critique of policy option
Applications forms are complicated to fill
Clerks are unable or unwilling to commission affidavits,
many potential applicants are forced to visit both a
magistrate’s court and a police station, which slows
down the process and creates additional obstacles for
complainants
There are no uniform  procedures in  dealing  with
protection order applications -  some of the procedural
innovations used in practice are inappropriate and
carry the risk of discouraging deserving complainants
In some cases a single application form is used to
request protection orders against multiple respondents
There is currently no uniform system for dealing with
after-hours applications
Policy Critique
High withdrawal of cases and high number of
complainants disappear
No clear procedure for protection of  children once
applications are made
Delay in serving  protection orders is a weak point in
the chain of procedure which may put complainants at
increased risk.
At present 40% of interim protection orders are apparently
being served ten days or more after being issued and
11% are being served only one month later.
This is simply not good enough – especially taking into
account  that half of those complainants have been
threatened with murder.
Consequences of the delays
Increased exposure to the violence and abuse
Some women become suicidal  and are
stigmatized
Societal consequences such as children being
orphaned, dysfunctional families, and
disruption of social support systems
Key Recommendations for Action
Simplify  the application forms and the procedure
by  making interim orders final, since the
procedure is not well understood
 Implement standard procedure for making
protection orders available after-hours and on
weekends – which at present seems to be based
only on the goodwill of individual officials.
Intensify  training for the relevant officials,
particularly clerks of court who usually assist
complainants in completing the application
forms.
Give urgent attention to the service of protection
orders on respondents
Key Recommendation continue
Review current legislation and regulations
particularly to address the need for more
safeguards for children and for complainants
who approach the court and then disappear.
Avail more counselling services for
complainants, including assistance with “exit
strategies” for leaving a violent relationship –
such as referrals to shelters and advice on
divorce and maintenance procedures.
Okuhepa
Tuatotela Mukwayi
Thank you
Merci Beaucoup
Siyabonga
Re a leboga
Obrigado
Baie Dankie
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Exploring the challenges and shortcomings in enforcing protection orders related to gender-based violence in Windhoek, Khomas Region, Namibia. The team members from various health and public service sectors collaborate to tackle issues like complicated application procedures, delays in serving protection orders, and lack of clear procedures for protecting children. The critique points out areas for improvement to better support victims and ensure effective enforcement of protection orders.


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  1. Gender Based Violence in Windhoek, Khomas Region, Namibia Effective enforcement of Protection Orders

  2. Team members Dr Mitonga UNAM School of Public Health Ms. Kahitu City of Windhoek Health Services Mr. Usurua Ministry of Health Planning Ms. Kaunatjike WHO Namibia Health Promotion

  3. Context and importance of problem Year Indecent Assault Grievous Bodily Harm(GBH) Attemp ted rape Rape Murder Total 2013 111 10 602 238 1 050 351 12 352 2012 76 6 840 0 1 117 275 8 408 2011 13 6 414 20 1 084 293 7 824 2010 89 10 025 262 1 072 322 11 770 2009 108 10 052 218 1 036 350 11 765

  4. Context and importance of problem

  5. Context and importance of problem

  6. Critique of policy option Applications forms are complicated to fill Clerks are unable or unwilling to commission affidavits, many potential applicants are forced to visit both a magistrate s court and a police station, which slows down the process and creates additional obstacles for complainants There are no uniform procedures in dealing with protection order applications - some of the procedural innovations used in practice are inappropriate and carry the risk of discouraging deserving complainants In some cases a single application form is used to request protection orders against multiple respondents There is currently no uniform system for dealing with after-hours applications

  7. Policy Critique High withdrawal of cases and high number of complainants disappear No clear procedure for protection of children once applications are made Delay in serving protection orders is a weak point in the chain of procedure which may put complainants at increased risk. At present 40% of interim protection orders are apparently being served ten days or more after being issued and 11% are being served only one month later. This is simply not good enough especially taking into account that half of those complainants have been threatened with murder.

  8. Consequences of the delays Increased exposure to the violence and abuse Some women become suicidal and are stigmatized Societal consequences such as children being orphaned, dysfunctional families, and disruption of social support systems

  9. Key Recommendations for Action Simplify the application forms and the procedure by making interim orders final, since the procedure is not well understood Implement standard procedure for making protection orders available after-hours and on weekends which at present seems to be based only on the goodwill of individual officials. Intensify training for the relevant officials, particularly clerks of court who usually assist complainants in completing the application forms. Give urgent attention to the service of protection orders on respondents

  10. Key Recommendation continue Review current legislation and regulations particularly to address the need for more safeguards for children and for complainants who approach the court and then disappear. Avail more counselling services for complainants, including assistance with exit strategies for leaving a violent relationship such as referrals to shelters and advice on divorce and maintenance procedures.

  11. Okuhepa Tuatotela Mukwayi Thank you Merci Beaucoup Siyabonga Re a leboga Obrigado Baie Dankie

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