Answer to Oral Question PT067

QUESTION

Yang Berhormat Dayang Hajah Rosmawatty binti Haji Abdul Mumin

YANG BERHORMAT DAYANG HAJAH ROSMAWATTY BINTI HAJI ABDUL MUMIN asks the MENTERI DI JABATAN PERDANA MENTERI to state how the Ministry plans to strengthen legal protection against domestic violence through a comprehensive and inclusive act (including men), as well as provide effective support to victims?

ANSWER

Yang Berhormat Menteri Di Jabatan Mentiri

Yang Berhormat Yang Di-Pertua,

بسم الله الرحمن الرحيم
السلام عليكم ورحمة الله وبركاته

I. Kaola would first like to express thanks to Yang Berhormat Dayang Hajah Rosmawatty binti Haji Abdul Mumin regarding the question on the issue of strengthening legal protection against domestic violence through a comprehensive and inclusive act (including men), as well as providing effective support to victims.

II. From the legal aspect, although it is not under any one law, there are several laws that address the issue comprehensively.

III. In answering Yang Berhormat's question, allow Kaola to answer it from two aspects, namely first from the legal aspect and second from the policy aspect.

LEGAL ASPECT

IV. Among the laws referred to are:

• Penal Code (Chapter 22) and Syariah Penal Code Order (2013)

  Both acts provide that it is an offence if any individual uses force against another individual. Although this is a general offence, it also covers domestic violence without regard to the gender of the perpetrator or the victim.

• Islamic Family Law Act and Married Women Act

A Protection Order may be applied for regardless of gender, namely based on Dharar Sharie as provided under Chapter 60B of the Islamic Family Law Act for Muslims, while for those who are not Muslims it is provided under Chapter 18B of the Married Women Act (Chapter 190).

In addition, protection from such domestic violence may also be extended to Family Members including children, mother, father, mother-in-law, father-in-law, husband/wife, former husband/wife, grandfather/grandmother and any person considered a Family Member in the view of the Court.

In addition, there are also powers provided under those laws that give authority to the Royal Brunei Police Force and any enforcement officer to take immediate action such as detaining any individual if domestic violence is believed to have occurred, including involving any family member.

V. Both of those laws also provide several powers or rights considered to contribute to protection from domestic violence comprehensively from the legal aspect. This includes provisions to obtain an expedited order if required, the right for victims to claim compensation, expanding the responsibilities of enforcement officers¹ and providing for a Place of Protection.

VI. In brief, it is assessed that the existing laws provide comprehensive rights and powers regardless of gender.

¹ (a) assisting a victim to file a complaint regarding the Dharar Syar’ie/Domestic Abuse; (b) providing or arranging transportation for the victim to an alternative residence or to a place of protection if such transportation is required; (c) providing or arranging transportation for the victim to the nearest hospital or medical facility for treatment of injuries if such treatment is needed; (d) explaining to the victim his rights to protection against Dharar Syar’ie/Domestic Abuse; (e) accompanying the victim to his residence or previous residence to collect his personal belongings; (f) such other duties as are necessary or expedient for giving effect to and carrying out the provisions of this Part.

POLICY ASPECT

VII. Next, from the policy aspect, several measures and initiatives have been implemented to contribute towards strengthening legal protection against domestic violence. Among the key measures and initiatives implemented are as follows:

• Domestic violence is a social issue that is increasingly being given attention by the government through various holistic and integrated approaches. The National Council on Social Issues (MKIS) plays a key role as a policy and action coordination platform among relevant agencies in addressing major social issues in this country, including domestic violence.

• From the perspective of law enforcement and investigation, the Royal Brunei Police Force, through the Women and Children Abuse Crime Investigation Unit (USJPWK), as well as related agencies such as the Department of Community Development under the Ministry of Culture, Youth and Sports, and the Ministry of Health, consistently carry out their responsibilities fairly regardless of the victim's gender. Every report of domestic violence is investigated professionally and according to existing procedures.

• Under MKIS priority areas, several working committees have been established focusing on aspects of victim protection, increasing public awareness, as well as coordination among enforcement authorities, welfare institutions and health institutions. MKIS has also identified that domestic violence not only affects all household members. In this matter, MKIS supports an inclusive and non-discriminatory protection approach towards all victims.

• In addition, Brunei Darussalam through its representative in the ASEAN Commission on the Promotion and Protection of the Rights of Women and Children (ACWC) also supports regional efforts in combating violence against women and children as well as promoting gender equality. ACWC has put forward regional guidelines and action plans which also touch on the need for inclusivity in the protection of domestic violence victims, as well as the need to provide and improve support mechanisms in terms of law and services.

• Among the initiatives that have been or are being pursued through MKIS and ACWC include:

  • The provision of more inclusive intervention guidelines and protocols for domestic violence;
  • Public awareness campaigns to encourage all victims to come forward and make reports without fear or shame;
  • Strengthening professional training for frontline personnel such as Police, social workers and health workers on gender sensitivity in handling domestic violence; and
  • Reviewing existing policies and legislation so that they are more responsive to various forms of violence, including emotional and psychological abuse.

VIII. In conclusion, with the existence of comprehensive laws and ongoing initiatives, this shows that the Government takes the issue of domestic violence seriously. At the same time, Yang Berhormat's suggestion to further strengthen legal provisions relating to domestic violence is well received and this Ministry will continue to examine the need for amendments and improvements to the law by also taking into account current needs and developments in ensuring that the rights of all individuals including the vulnerable are always safeguarded in order to maintain the peace and prosperity of Negara Brunei Darussalam.

That is all that Kaola is able to convey. Thank you.