Belgrade, 11/5/2021 Istanbul Convention: |
Belgrade, 11/5/2021 Istanbul Convention: |
BeFem Talks "Istanbul Convention: the view of activists from the region" is the introduction to the new campaign "Equality from the drawer: For policies of non-violence!", bringing together again women's rights defenders from Bosnia and Herzegovina, Montenegro, Serbia, Croatia, Slovenia, Northern Macedonia, which have been to this day the bravest part of our societies.
Ana Manojlović, Journalists against violence All these organizations were part of one big regional campaign, Potpisujem.org. (I sign.org.) The campaign was really big, and the idea was to help ratify and implement the Istanbul Convention. It was, indeed, a great undertaking, with great enthusiasm underpinning it all, and many attempts to somehow bring all the countries to accept it, to understand the Istanbul Convention - what it means, why it is important, in general, for the whole region and for each country individually. Now, in 2011, that international treaty was made available by the Council of Europe for accession and ratification by the member states. That was an attempt to stop violence against women, domestic violence ... I have to say "attempt," because all that was done somewhere better, somewhere worse, somewhere clumsily, but it is up to us not to give up, and to make sure the perpetrators get punished, to reduce domestic violence, violence against women, to a minimum. Why are we talking about all this? This is because, ten years later, we are witnessing that it is not enough to adopt something, tackle something and say: "It is over now." No. Every right that has been won must be defended, we must try to make both the authorities and those to whom the laws apply, aware of what this is really about. One of the most drastic things that has happened recently, and that is Turkey, where, although it's the country that first signed this Convention, it happened that there are attempts to pull out of that Convention. We are still waiting to see how this will end. This Convention is important to us, and because it is important, the tenth anniversary is also important, we are making this show today. I hope that we will have a nice discussion about it, and that we will see what the problems are in each country, individually, and in the region. Nada Golubović, from the United Women Foundation in Banja Luka, is with us, we also welcome Maja Raičević, Center for Women's Rights Podgorica, and Tanja Ignjatović from the Autonomous Women's Center, and we will include regional partners from Slovenia, Croatia and North Macedonia. I think we should open, first of all, this discussion, by asking about how much this Convention is on slippery ground in your countries? And the question, indeed, is evocative, and if you convince me that it is not on slippery ground, then we have come a long way after these ten years. Would you like to start? Nada Golubović, United Women Foundation from Banja Luka I live in Banja Luka, Republika Srpska, and I must say that, in the whole of Bosnia and Herzegovina, in Republika Srpska, they have gone the furthest as far as the Istanbul Convention is concerned. However, we adopted amendments to the Law last year, and the amendments are mostly that the focus should be on the victims themselves and not on the perpetrator, as has been the case so far in the Law. For the most part, our requirements have been met. However, now, as of the first of May this year, the Law came into force, and we see that everything we fought for is very difficult to achieve. Practically, the Law in the Federation of Bosnia and Herzegovina, the first to be passed, has not changed at all, there are many shortcomings, and women's NGOs, even at the time when we were trying to push it, struggled to change the law. However, to date, it has not been changed, precisely because that part of Bosnia and Herzegovina is composed of ten cantons, and each canton must give consent for a law to be changed. And we have the third legislative unit in Bosnia and Herzegovina, the Brčko District, where I have to brag that it was the United Women's Foundation that participated in the enactment of this Law in the Brčko District. However, there are still shortcomings in that Law, we will go further and hopefully change it. Ana Manojlović Tanja Ignjatović, Autonomous Women’s Center However, a lot of time was lost, so nothing happened, nothing was being changed, or harmonized. Then, after one serious, I must say, massacre, femicide in which five victims were killed and twenty wounded, finally, the state decided to do something. The best thing we actually got, and what was the biggest step forward, was in 2016, when the Law on Prevention of Domestic Violence was enacted and when certain criminal acts in the Criminal Code were changed. After that, in fact, nothing more was done about harmonization. The implementation has been relatively weak, except for these urgent measures. When you ask whether the Convention is on slippery ground, the European context, unfortunately, is such that in our, especially in our countries, with these weak democracies, every international human rights treaty is on slippery ground. So, it is one thing whether you have ratified it, and quite another whether you know that it exists at all, whether you apply it, whether the judges know that it exists, whether the judges refer to it, because these Conventions are such that in the judiciary, they can be directly applied. What we now see in Serbia is a serious attack on the content of the Convention by conservative intellectuals, whose influence should not be neglected, although they are not numerous, but they are the ones who are able to stop the reforms of the education system, who are able to kick out our educational programs on sexual abuse for children. Thus, we may at some point come to question the content of this Convention. Will it come to the point that the President withdraw his signature? We don’t know. And it is only because Serbia, in fact, is building that external image that we want to be part of the European Union. Ana Manojlović Maja Raičević, Center for Women’s Rights, Podgorica There is officially a political will to implement the Convention, and the Council of Europe Office is helping us a lot to promote the Convention, and we have been training the judiciary on the application of the Convention for years, and we see that we already have rulings referring to the Convention. However, in some of these rulings, despite the reference to the standards of the Convention, you have a very mild penal policy, which says that, even when there is awareness of the obligation to apply the standards of the Convention, somehow this awareness prevails that domestic violence and violence over women can be tolerated, and so we somehow find ourselves facing the problem of that mild penal policy that does not act as a deterrent to perpetrators, nor does it provide adequate protection and satisfaction to victims, i.e., access to justice, so the situation is similar. What is very important to mention that in 2017, we managed to somewhat adapt our Criminal Code to the Istanbul Convention. For the first time, when it comes to the crime of rape, a principle has been adopted relating to the absence of the victim's consent. So, in Article 204 of our Criminal Code, in paragraph 1, there is a provision that if someone does not consent to any forms of sexual behavior whatsoever, unwanted sexual behavior, that it constitutes, in fact, the crime of rape, and that helps us greatly that these acts be now treated quite differently than was the case before, although, of course, further education follows, I would say, of all who apply this law. Ana Manojlović Nada Golubović However, along with that, I also have to say that in Bosnia and Herzegovina the majority of the population lives in rural areas, and that they are very often not informed at all how these women can protect themselves. In general, women do not even know what the Council of Europe Convention on Violence against Women and Domestic Violence is, women do not know that this Convention exists no matter how much we have talked about it. And the same case is with us, like Maja reported about Montenegro, when they come to court, very often the fines are so small that they get discouraged. Other agents of protection, I have to say, and that maybe the police, who are in the front line, they are always there to do investigative actions in some way. However, since it is a criminal offense, it must be taken over by the prosecution. Unfortunately, the situation is such that the prosecution has very often rejected the cases, since we had until recently in the Law the qualification of misdemeanor and that of a criminal offense. Thus, the protective measures that should remove the perpetrator from the house are practically not being applied. We now, in Republika Srpska, have in the new Law “a trusted person”, which I think will mean a lot to women who are victims of violence, because we will represent them before the institutions, and that is something that is legitimate, and that will, I think, help women, help create a better picture of all ways in which the state can help them. We have done a lot of education, both with the agents of protection and with women, and we are constantly working on this. However, I think that everything that we as NGOs do, the state actually does very little, and I think that what we do is the tip of the iceberg, and that, as far as education is concerned, much, much more attention should be paid in the field to women, from rural areas to urban areas, where they are not familiar with all these principles. Ana Manojlović Tanja Ignjatović Ana Manojlović Tanja Ignjatović When you are a woman with a disability, a physical disability, dependent on who should bring you food, prepare food for you, give you your medication, etc. So, if you don't have the support for physical [care], for your life, the bully is often the only person you depend on for your daily care. If you are a Roma woman and your husband excludes you from the community that is actually his community that you came to, then the woman can only gather her things and leave, and she has nowhere to go because she cannot return to her family, for the customs are such. So, we need to see if our laws, equal for all, affect all women, men and human beings, citizens, alike, because they live in different circumstances. Therefore, it is one thing, women may even be informed, but sometimes the circumstances are such that it is not an appropriate solution for them. The other thing is what Nada said, it is trust in institutions. The institutions must know, institutions must have solutions. Unfortunately, we do not have systematic training of people who will be future professionals at the faculties, we do not have good professional training in the workplace, we do not have good systems of support, supervision, and we have almost no supervision mechanisms, we only have formal ones. Whenever the Autonomous Women's Center complained about the internal control mechanisms in the Police, the Prosecutor's office, the Social Welfare Center, about their actions, there was no answer, so it was "No violation was done, everything was ex officio, everything was according to the rules, or with minimal admission that something is wrong. And we, then, do not trust, ordinary women do not trust that the institutions will act impartially, but I must say, since I have been training experts for years, there are still incredibly good professionals in the institutions, regardless of this terrible situation. It's just a question of ... Ana Manojlović Tanja Ignjatović Ana Manojlović Maja Raičević Ana Manojlović Maja Raičević However, just like Tanja said, the focus should be on the expertise of institutions, because women are not obliged to know. When they report violence, they do not have to know what the Istanbul Convention is, they do not have to know what their rights are, but the institutions have the obligation not only to know, but also to act proactively. The Convention itself binds our states to tackle the resolution of these cases with due care, to ensure an effective investigation without any unnecessary delay. This means that everyone in the system, from the police officer who goes to the scene, to the social welfare centers, prosecutors, judges, must know the standards of this Convention, and act in accordance with them, and act in these cases ex officio, not waiting for the victim to dare, for her to offer a solution, for her to propose some protective measure. So, the moment she turns up, the whole system has to be made available to her, which unfortunately is still not always the case. Ana Manojlović Maja Raičević Ana Manojlović Nada Golubović Well, now, I live in Banja Luka, which is a big city, and where there is a section in the social welfare center that deals especially with domestic violence, and they work very well. There are other, smaller local communities where they function very well. However, we have local communities where professionals in general - now I am talking specifically about the social welfare center - are not sensitive to these topics. We live in a country with a lot of stereotypes, in the same way as Montenegro, and I guess Serbia, as well, where so very often the institutions do not function properly in that sense. We, as a non-governmental organization, of which there are also very few in the whole of Bosnia and Herzegovina, are terribly burdened, and I must say that we may in some way have already been burnt out by so much work, because except for safe houses in part of Republika Srpska, in other parts there is no state funding for safe houses, we have no other help from the state, and all the time we work, educate the police, educate judges and prosecutors, educate social welfare centers, and I think they know, but sometimes they can't even react because of that work overload. They are overwhelmed. You have local communities that are not so small in which there are two or three social workers. How can they react? However, I must say that, in fact, the police always come to the scene, they always know what is happening on the ground. However, very often the police are not understood by the prosecution. Furthermore, the Criminal Code in our country, in Bosnia and Herzegovina, is practically based on punishing the perpetrator, and there is no protection of the victim in the court proceedings. She is ... a victim of gender-based violence, domestic violence is, in fact, a witness in court proceedings. It is a great help now that we have a trusted person, where they at least feel safe when they give their testimony, because very often the lawsuits and, afterwards, the verdicts depend on how she will testify. And that is the key question. Ana Manojlović Tanja Ignjatović I think this combination - training, strict procedure and individual responsibility, the one who acts must undersign each of his decisions, and then we can question him for inaction or negligence, or lack of due diligence - greatly improved that short-term, first protection that institutions in Serbia are currently offering. Police emergency measures, extended emergency measures that depend on the prosecutor's proposal and the court's decision, and are obtained within 48 hours - I think we are the only ones in the region to have such regulations. They have contributed, which we see as important, to having a significant increase in reports of violence each year. Reports of violence are not a consequence of the increased incidence of violence, but of increased information and trust of those who report violence that the institutions will react quickly. What do we lack? So, we stopped there, the social welfare centers in our country are too busy with all the problems, the number of cases is multiplying every year, and the number of people is decreasing. We also had a ban on employment, so that reduced the possibility for people to respond, but that is certainly not an excuse. It is a systemic problem, but it is not an excuse for not responding. We do not use all the other mechanisms we have behind that emergency intervention, and as Maja said, the victim does not necessarily know what is available to her. In fact, after that emergency intervention, we have 30 days for the three key services - the police, the prosecutor's office and the social welfare center - to consider each individual case and make a protection plan for three or six months. Behind that are the mechanisms that are available. Unfortunately, these protection plans, according to research conducted by the Autonomous Women's Center together with the Protector of Citizens, are very modest, very scarce, do not contain the measures they should, and do not offer long-term protection in these proceedings in which the victim will be involved, or if it is not part of the procedures, then what are the other support measures - social, health, financial, educational, employment - for her, her children, so that she can recover, be empowered and independent, because the idea is to stop the violence so that the victim could go on with her life. Ana Manojlović Nela Pamuković, Rosa Center for Women Victims of War in Zagreb Namely, when we started the Signature campaign, the Convention was completely unknown and out of any focus of interest of political decision makers. It was difficult to find out which institution is competent to initiate the signing and ratification process. So, at that time, we were a big step ahead of our countries, including Croatia. As for the question of what has been done and what has not been done so far, I would first like to say that Croatia signed the Convention on January 22, 2013 and ratified only on April 13, 2018. From the initial invisibility of the Convention, there was an unusual reversal of the situation. Given that extreme right-wingers and Catholic fundamentalist groups and the church chose this Convention as the main target of their attacks, in order to limit women's rights and prevent the ratification of the Convention, far-right currents in the already right-wing government used the Convention in their factional power struggles. Incredible accusations against the Convention were made en masse, and demonstrations were organized in Zagreb, Split and other cities, which in 2018 almost led to the brink of a coup, and we were, of course, forced to organize counter-protests to expose this mass hysteria against women’s rights. |
Fortunately, political pressure from the European Union and the Council of Europe helped the ratification of the Convention in the end. As is customary, however, there is now a real struggle to make the standards of the Convention a reality. Experience shows that Croatia has not actually implemented the Istanbul Convention until today, even to the point that the experiences from fifteen years ago in our work with victims of violence were in some respects more positive than today. First of all, the state and its institutions do not recognize gender-based violence as one that is directed against women because they are women.It is persistently sought to objectify violence by not talking about the fact that women are disproportionately affected by severe forms of violence such as partner violence, domestic violence, sexual harassment, rape and other forms of violence that constitute a serious violation of human rights.
Very often, provisions aimed at protecting women from violence are not implemented, but are even implemented to their detriment. Partner violence continues to be prosecuted as a misdemeanor, not a criminal offense. Thus, there is an instance where a man has been fined seven times for violent behavior towards his ex-wife, but no criminal proceedings have ever been instituted against him. Apart from this, there is still a bad police practice of double arrest of victims of violence and perpetrators of violence, where, despite the conducted trainings, police officers do not recognize the real aggressor even in situations when he had previously been found guilty of violence, either under criminal, or misdemeanor charges. In such cases, it is up to the victim to defend herself against the accusations of the state authorities that were obliged to protect her. Furthermore, there is no standardized risk assessment procedure, where a form would have to be filed out, as used by other States Parties to the Istanbul Convention, while the Croatian police rely on the education of individual officers, which is clearly insufficient. This is just a small part of the problems we are facing nowadays and are working on, and given the time constraints, I would stop with that. Thank you very much. Ana Manojlović Maja Raičević Ana Manojlović Nada Golubović I have to say that in Bosnia and Herzegovina, we are often invited by colleagues with whom we cooperated, from Slovenia, Croatia and Serbia, and if we are to do that in Bosnia and Herzegovina, it is only owing to that regional cooperation. Then, the exchange of experiences and the exchange of knowledge - when we want to do something, we first look at the pages of our sister organizations, how they did it, so we try the same models. I guess they probably look at something we did, too. That means a lot to us. Our countries, our country Bosnia and Herzegovina, has now had its first report to the GREVIO Committee, which was set up precisely to see how the Istanbul Convention is being implemented. Colleagues from the region, Serbia and Montenegro, and Croatia have already had these experiences, their experiences have helped us a lot, and I think that this regional cooperation is very important. And I would go back to ten years before, and even to everything that happened later, that campaign that we did in the whole region, that is, Slovenia, Croatia, Montenegro, Serbia, Macedonia, was simply visible. We all have those televisions now, you can watch everything from Slovenia to Skopje, and when we saw our joint campaigns, common messages, I think it was the best campaign ever conducted, and the most visible in the whole region, and that it may have raised the level of awareness about domestic violence and violence against women in the region of these Western Balkans. Ana Manojlović Tanja Ignjatović Ana Manojlović Tanja Ignjatović So, that one level that is not only our cooperation, for which I have to say - the idea for this campaign did come from Belgrade, because it was completely clear that the Convention will be the most important event for women's organizations - but our cooperation still exists ever since the early 90's, i.e., since the late 80's, when the first SOS telephones were formed, Ljubljana, Zagreb, Belgrade, all one year after the other. Our cooperation, our organizations, existed throughout the wars, when any form of communication was very difficult, women remained connected, women's organizations remained connected, to help one another, regardless of national affiliations and our governments, and it continued naturally. A good part of our region speaks related languages or can be mutually understood, and that connects us in some way because we communicate more easily, and I have to say that we are also very… all our organizations, that is, our six leading organizations in that project and all 29 women's organizations from six countries, we are all very well connected with the two largest European networks, one in Vienna, which deals with violence against women, and the other is the European Women's Lobby in Brussels, which deals with all topics, but also has a section for violence - we are in a constant communication, because what happens in Spain can come to us, what happens in Turkey, can come to us. Or, good solutions from Italy are very important for us, because it is all the same legal space. The European Court of Human Rights sets standards for all of us, for our states, for all members of the Council of Europe, even if we have not ratified this Convention, these are the same standards that are set for all states. Ana Manojlović Dubravka Hrovatič, SOS hotline for women and children victims of violence from Ljubljana What happened in Slovenia at that time? The Law on Prevention of Domestic Violence was adopted, which sets some minimum standards that should be guaranteed by the state in access to rights and support, and protection of all victims of domestic violence. Along with the Law on the Prevention of Domestic Violence protocols were also adopted for the conduct of institutions, cooperation and information, and a ban on corporal punishment of children. During this period, the Family Law was changed, the statute of limitations for sexual offenses was extended, and at the moment, laws in the field of rape are being adopted, namely according to the model "Only yes means yes." Accommodation in safe houses for victims of violence was provided, cooperation between institutions was provided, and this year - finally - a 24-hour national line for victims of violence. The most important realization of this Convention is the duty of all bodies, organizations, and the state, regarding the education of all those involved in the system of assistance to victims of violence. A change in the Law alone would not bring about changes in social norms. All the movements I have been observing lately confirm what Article 3 of the Istanbul Convention states: that violence against women is gender-based violence. Thus, it is made known that, as a rule, violence against women is committed by men, because they learned such behavior in the long history of patriarchy, and that women defend themselves poorly because they were poorly educated about their rights. Our experience shows us that it is important that the state has adopted international acts and at the same time action plans for the implementation of these laws. In the field of prevention, we notice that it is necessary to enter the contents about violence and awareness about it into the school system. That means integration at all levels of the school system: from kindergarten to college. In the area of assistance to women, it is necessary to ensure that the procedures are fast, that those who decide in the procedures have information about violence, that they do not equate it with conflict, because this can retraumatize the victims; contacts are decided regardless of the violence, and the victim is again exposed to threatening situations. Expert opinions also do not consider domestic violence as an important factor in deciding on contact with children. In the areas of prosecution and protection measures, greater orientation towards the elimination of perpetrators and control over the implementation of these procedures is needed. It should be mandatory to refer perpetrators of violence to social skills trainings. Withdrawal from the Istanbul Convention would mean weaker protection for victims of violence. Given the number of increased femicides, and reports of sexual abuse, that move would be quite irresponsible on the part of the state. Ana Manojlović Maja Raičević However, what is also a problem is a kind of structural discrimination, I would say, of women who report violence by the very inaction of institutions, because if institutions fail to act ex officio or to apply the principle of due diligence and timely response to violence, they engage in some kind of institutional discrimination, and many women complain to us precisely about not getting that timely response and a lot of understanding from those who are there to protect them. So, unfortunately, these examples are numerous. I would say that one example is the qualification of acts related to violence against women and domestic violence. In Montenegro, for example, and that speaks a lot about this tolerant attitude towards violence, about 2000 cases are processed daily as a misdemeanor - "daily", sorry, annually ... Ana Manojlović Maja Raičević Ana Manojlović Nada Golubović Ana Manojlović Nada Golubović Ana Manojlović Nada Golubović Secondly, generally, in the highest positions in the state of Bosnia and Herzegovina, we have never had a female President but we have always had a male President. The cantons are also mostly dominated by men. We have a female President in the Republika Srpska, however, women who are in high positions, in any part of the state of Bosnia and Herzegovina, simply do not treat the women's issue as a priority issue. In general, in order to reach these high positions, they take on the roles that their male colleagues have, and I think that this is already something that is visible at the highest level as absolutely clear discrimination against women in society. Ana Manojlović Tanja Ignjatović Serbia has a serious problem, nothing has changed regarding the most serious acts of violence, that is, attempted murder and murder. The number of women killed on an annual basis is not decreasing significantly, it is only lower in those years when we did not have a mass murder, when a larger number of women from one family were killed. Unfortunately, I have to say that the weakest point at the moment is actually supporting women. So, there are no specialized support services well distributed, we still do not have crisis centers for women victims of rape, we still have the weakest procedure, the most difficult procedure when it comes to victims of sexual violence. Here, since the beginning of this year, Serbia has had four serious, big scandals involving sexual abuse, sexual harassment and rape. So, it remains to be seen whether we will systematically improve the way it is handled. We have not changed anything in the education of young people ... Ana Manojlović Tanja Ignjatović Ana Manojlović Tanja Ignjatović Ana Manojlović Tanja Ignjatović Ana Manojlović Savka Todorovska, National Council for Gender Equality from Skopje At the same time, the impact on the public regarding violence is very important, as well as the basic violation of human rights. Following the ratification of the Istanbul Convention, in December 2017, government institutions developed an action plan for the implementation of the Convention for the Prevention and Combating of Violence against Women and Girls, as well as against Domestic Violence. A new Law has been prepared and measures have been improved, while an institutional system for the protection of victims has been established. The harmonization of national laws with the provisions of the Istanbul Convention has been established, and amendments to all other laws related to this issue have been drafted. At the same time, standards for the provision of specialized services to victims of gender-based violence have been developed, as well as standard operating procedures in accordance with the Istanbul Convention. In 2012, together with all of you, we began to work intensively to change and improve the situation related to violence against women, to increase the institutional responsibility and protection of victims, and to help women get out of the position of victims. With the change of the political context, the message of the I sign.org campaign was heard and a large part was filled with the adoption and improvement of the Law, as well as changes in perception and overcoming stereotypes about the position of women in the family and society. Certainly, some questions and tasks remain open, especially regarding the full implementation of the Law and the Istanbul Convention, as well as regarding the professional attitude of institutional officials and their full sensibility and responsibility in working with victims. Ana Manojlović Maja Raičević Ana Manojlović Tanja Ignjatović Nada Golubović Ana Manojlović Nada Golubović Ana Manojlović Maja Raičević Ana Manojlović Thank you for speaking for this episode of BeFem Talks, thank you for fighting for years. I really want you to continue to cooperate, not to give up and that the next time we meet, we won’t be talking about the fact that we have to defend our rights by all means, but that we are aware that we have reached something that is taken for granted and is being implemented by the institutions. Tanja Ignjatović, Nada Golubović, Maja Raičević – Thank you. |
BeFem Talks "Istanbul Convention: the view of activists from the region" is the introduction to the new campaign "Equality from the drawer: For policies of non-violence!", bringing together again women's rights defenders from Bosnia and Herzegovina, Montenegro, Serbia, Croatia, Slovenia, Northern Macedonia, which have been to this day the bravest part of our societies.
Ana Manojlović, Journalists against violence All these organizations were part of one big regional campaign, Potpisujem.org. (I sign.org.) The campaign was really big, and the idea was to help ratify and implement the Istanbul Convention. It was, indeed, a great undertaking, with great enthusiasm underpinning it all, and many attempts to somehow bring all the countries to accept it, to understand the Istanbul Convention - what it means, why it is important, in general, for the whole region and for each country individually. Now, in 2011, that international treaty was made available by the Council of Europe for accession and ratification by the member states. That was an attempt to stop violence against women, domestic violence ... I have to say "attempt," because all that was done somewhere better, somewhere worse, somewhere clumsily, but it is up to us not to give up, and to make sure the perpetrators get punished, to reduce domestic violence, violence against women, to a minimum. Why are we talking about all this? This is because, ten years later, we are witnessing that it is not enough to adopt something, tackle something and say: "It is over now." No. Every right that has been won must be defended, we must try to make both the authorities and those to whom the laws apply, aware of what this is really about. One of the most drastic things that has happened recently, and that is Turkey, where, although it's the country that first signed this Convention, it happened that there are attempts to pull out of that Convention. We are still waiting to see how this will end. This Convention is important to us, and because it is important, the tenth anniversary is also important, we are making this show today. I hope that we will have a nice discussion about it, and that we will see what the problems are in each country, individually, and in the region. Nada Golubović, from the United Women Foundation in Banja Luka, is with us, we also welcome Maja Raičević, Center for Women's Rights Podgorica, and Tanja Ignjatović from the Autonomous Women's Center, and we will include regional partners from Slovenia, Croatia and North Macedonia. I think we should open, first of all, this discussion, by asking about how much this Convention is on slippery ground in your countries? And the question, indeed, is evocative, and if you convince me that it is not on slippery ground, then we have come a long way after these ten years. Would you like to start? Nada Golubović, United Women Foundation from Banja Luka I live in Banja Luka, Republika Srpska, and I must say that, in the whole of Bosnia and Herzegovina, in Republika Srpska, they have gone the furthest as far as the Istanbul Convention is concerned. However, we adopted amendments to the Law last year, and the amendments are mostly that the focus should be on the victims themselves and not on the perpetrator, as has been the case so far in the Law. For the most part, our requirements have been met. However, now, as of the first of May this year, the Law came into force, and we see that everything we fought for is very difficult to achieve. Practically, the Law in the Federation of Bosnia and Herzegovina, the first to be passed, has not changed at all, there are many shortcomings, and women's NGOs, even at the time when we were trying to push it, struggled to change the law. However, to date, it has not been changed, precisely because that part of Bosnia and Herzegovina is composed of ten cantons, and each canton must give consent for a law to be changed. And we have the third legislative unit in Bosnia and Herzegovina, the Brčko District, where I have to brag that it was the United Women's Foundation that participated in the enactment of this Law in the Brčko District. However, there are still shortcomings in that Law, we will go further and hopefully change it. Ana Manojlović Tanja Ignjatović, Autonomous Women’s Center However, a lot of time was lost, so nothing happened, nothing was being changed, or harmonized. Then, after one serious, I must say, massacre, femicide in which five victims were killed and twenty wounded, finally, the state decided to do something. The best thing we actually got, and what was the biggest step forward, was in 2016, when the Law on Prevention of Domestic Violence was enacted and when certain criminal acts in the Criminal Code were changed. After that, in fact, nothing more was done about harmonization. The implementation has been relatively weak, except for these urgent measures. When you ask whether the Convention is on slippery ground, the European context, unfortunately, is such that in our, especially in our countries, with these weak democracies, every international human rights treaty is on slippery ground. So, it is one thing whether you have ratified it, and quite another whether you know that it exists at all, whether you apply it, whether the judges know that it exists, whether the judges refer to it, because these Conventions are such that in the judiciary, they can be directly applied. What we now see in Serbia is a serious attack on the content of the Convention by conservative intellectuals, whose influence should not be neglected, although they are not numerous, but they are the ones who are able to stop the reforms of the education system, who are able to kick out our educational programs on sexual abuse for children. Thus, we may at some point come to question the content of this Convention. Will it come to the point that the President withdraw his signature? We don’t know. And it is only because Serbia, in fact, is building that external image that we want to be part of the European Union. Ana Manojlović Maja Raičević, Center for Women’s Rights, Podgorica There is officially a political will to implement the Convention, and the Council of Europe Office is helping us a lot to promote the Convention, and we have been training the judiciary on the application of the Convention for years, and we see that we already have rulings referring to the Convention. However, in some of these rulings, despite the reference to the standards of the Convention, you have a very mild penal policy, which says that, even when there is awareness of the obligation to apply the standards of the Convention, somehow this awareness prevails that domestic violence and violence over women can be tolerated, and so we somehow find ourselves facing the problem of that mild penal policy that does not act as a deterrent to perpetrators, nor does it provide adequate protection and satisfaction to victims, i.e., access to justice, so the situation is similar. What is very important to mention that in 2017, we managed to somewhat adapt our Criminal Code to the Istanbul Convention. For the first time, when it comes to the crime of rape, a principle has been adopted relating to the absence of the victim's consent. So, in Article 204 of our Criminal Code, in paragraph 1, there is a provision that if someone does not consent to any forms of sexual behavior whatsoever, unwanted sexual behavior, that it constitutes, in fact, the crime of rape, and that helps us greatly that these acts be now treated quite differently than was the case before, although, of course, further education follows, I would say, of all who apply this law. Ana Manojlović Nada Golubović However, along with that, I also have to say that in Bosnia and Herzegovina the majority of the population lives in rural areas, and that they are very often not informed at all how these women can protect themselves. In general, women do not even know what the Council of Europe Convention on Violence against Women and Domestic Violence is, women do not know that this Convention exists no matter how much we have talked about it. And the same case is with us, like Maja reported about Montenegro, when they come to court, very often the fines are so small that they get discouraged. Other agents of protection, I have to say, and that maybe the police, who are in the front line, they are always there to do investigative actions in some way. However, since it is a criminal offense, it must be taken over by the prosecution. Unfortunately, the situation is such that the prosecution has very often rejected the cases, since we had until recently in the Law the qualification of misdemeanor and that of a criminal offense. Thus, the protective measures that should remove the perpetrator from the house are practically not being applied. We now, in Republika Srpska, have in the new Law “a trusted person”, which I think will mean a lot to women who are victims of violence, because we will represent them before the institutions, and that is something that is legitimate, and that will, I think, help women, help create a better picture of all ways in which the state can help them. We have done a lot of education, both with the agents of protection and with women, and we are constantly working on this. However, I think that everything that we as NGOs do, the state actually does very little, and I think that what we do is the tip of the iceberg, and that, as far as education is concerned, much, much more attention should be paid in the field to women, from rural areas to urban areas, where they are not familiar with all these principles. Ana Manojlović Tanja Ignjatović Ana Manojlović Tanja Ignjatović When you are a woman with a disability, a physical disability, dependent on who should bring you food, prepare food for you, give you your medication, etc. So, if you don't have the support for physical [care], for your life, the bully is often the only person you depend on for your daily care. If you are a Roma woman and your husband excludes you from the community that is actually his community that you came to, then the woman can only gather her things and leave, and she has nowhere to go because she cannot return to her family, for the customs are such. So, we need to see if our laws, equal for all, affect all women, men and human beings, citizens, alike, because they live in different circumstances. Therefore, it is one thing, women may even be informed, but sometimes the circumstances are such that it is not an appropriate solution for them. The other thing is what Nada said, it is trust in institutions. The institutions must know, institutions must have solutions. Unfortunately, we do not have systematic training of people who will be future professionals at the faculties, we do not have good professional training in the workplace, we do not have good systems of support, supervision, and we have almost no supervision mechanisms, we only have formal ones. Whenever the Autonomous Women's Center complained about the internal control mechanisms in the Police, the Prosecutor's office, the Social Welfare Center, about their actions, there was no answer, so it was "No violation was done, everything was ex officio, everything was according to the rules, or with minimal admission that something is wrong. And we, then, do not trust, ordinary women do not trust that the institutions will act impartially, but I must say, since I have been training experts for years, there are still incredibly good professionals in the institutions, regardless of this terrible situation. It's just a question of ... Ana Manojlović Tanja Ignjatović Ana Manojlović Maja Raičević Ana Manojlović Maja Raičević However, just like Tanja said, the focus should be on the expertise of institutions, because women are not obliged to know. When they report violence, they do not have to know what the Istanbul Convention is, they do not have to know what their rights are, but the institutions have the obligation not only to know, but also to act proactively. The Convention itself binds our states to tackle the resolution of these cases with due care, to ensure an effective investigation without any unnecessary delay. This means that everyone in the system, from the police officer who goes to the scene, to the social welfare centers, prosecutors, judges, must know the standards of this Convention, and act in accordance with them, and act in these cases ex officio, not waiting for the victim to dare, for her to offer a solution, for her to propose some protective measure. So, the moment she turns up, the whole system has to be made available to her, which unfortunately is still not always the case. Ana Manojlović Maja Raičević Ana Manojlović Nada Golubović Well, now, I live in Banja Luka, which is a big city, and where there is a section in the social welfare center that deals especially with domestic violence, and they work very well. There are other, smaller local communities where they function very well. However, we have local communities where professionals in general - now I am talking specifically about the social welfare center - are not sensitive to these topics. We live in a country with a lot of stereotypes, in the same way as Montenegro, and I guess Serbia, as well, where so very often the institutions do not function properly in that sense. We, as a non-governmental organization, of which there are also very few in the whole of Bosnia and Herzegovina, are terribly burdened, and I must say that we may in some way have already been burnt out by so much work, because except for safe houses in part of Republika Srpska, in other parts there is no state funding for safe houses, we have no other help from the state, and all the time we work, educate the police, educate judges and prosecutors, educate social welfare centers, and I think they know, but sometimes they can't even react because of that work overload. They are overwhelmed. You have local communities that are not so small in which there are two or three social workers. How can they react? However, I must say that, in fact, the police always come to the scene, they always know what is happening on the ground. However, very often the police are not understood by the prosecution. Furthermore, the Criminal Code in our country, in Bosnia and Herzegovina, is practically based on punishing the perpetrator, and there is no protection of the victim in the court proceedings. She is ... a victim of gender-based violence, domestic violence is, in fact, a witness in court proceedings. It is a great help now that we have a trusted person, where they at least feel safe when they give their testimony, because very often the lawsuits and, afterwards, the verdicts depend on how she will testify. And that is the key question. Ana Manojlović Tanja Ignjatović I think this combination - training, strict procedure and individual responsibility, the one who acts must undersign each of his decisions, and then we can question him for inaction or negligence, or lack of due diligence - greatly improved that short-term, first protection that institutions in Serbia are currently offering. Police emergency measures, extended emergency measures that depend on the prosecutor's proposal and the court's decision, and are obtained within 48 hours - I think we are the only ones in the region to have such regulations. They have contributed, which we see as important, to having a significant increase in reports of violence each year. Reports of violence are not a consequence of the increased incidence of violence, but of increased information and trust of those who report violence that the institutions will react quickly. What do we lack? So, we stopped there, the social welfare centers in our country are too busy with all the problems, the number of cases is multiplying every year, and the number of people is decreasing. We also had a ban on employment, so that reduced the possibility for people to respond, but that is certainly not an excuse. It is a systemic problem, but it is not an excuse for not responding. We do not use all the other mechanisms we have behind that emergency intervention, and as Maja said, the victim does not necessarily know what is available to her. In fact, after that emergency intervention, we have 30 days for the three key services - the police, the prosecutor's office and the social welfare center - to consider each individual case and make a protection plan for three or six months. Behind that are the mechanisms that are available. Unfortunately, these protection plans, according to research conducted by the Autonomous Women's Center together with the Protector of Citizens, are very modest, very scarce, do not contain the measures they should, and do not offer long-term protection in these proceedings in which the victim will be involved, or if it is not part of the procedures, then what are the other support measures - social, health, financial, educational, employment - for her, her children, so that she can recover, be empowered and independent, because the idea is to stop the violence so that the victim could go on with her life. Ana Manojlović Nela Pamuković, Rosa Center for Women Victims of War in Zagreb Namely, when we started the Signature campaign, the Convention was completely unknown and out of any focus of interest of political decision makers. It was difficult to find out which institution is competent to initiate the signing and ratification process. So, at that time, we were a big step ahead of our countries, including Croatia. As for the question of what has been done and what has not been done so far, I would first like to say that Croatia signed the Convention on January 22, 2013 and ratified only on April 13, 2018. From the initial invisibility of the Convention, there was an unusual reversal of the situation. Given that extreme right-wingers and Catholic fundamentalist groups and the church chose this Convention as the main target of their attacks, in order to limit women's rights and prevent the ratification of the Convention, far-right currents in the already right-wing government used the Convention in their factional power struggles. Incredible accusations against the Convention were made en masse, and demonstrations were organized in Zagreb, Split and other cities, which in 2018 almost led to the brink of a coup, and we were, of course, forced to organize counter-protests to expose this mass hysteria against women’s rights. Fortunately, political pressure from the European Union and the Council of Europe helped the ratification of the Convention in the end. As is customary, however, there is now a real struggle to make the standards of the Convention a reality. Experience shows that Croatia has not actually implemented the Istanbul Convention until today, even to the point that the experiences from fifteen years ago in our work with victims of violence were in some respects more positive than today. First of all, the state and its institutions do not recognize gender-based violence as one that is directed against women because they are women.It is persistently sought to objectify violence by not talking about the fact that women are disproportionately affected by severe forms of violence such as partner violence, domestic violence, sexual harassment, rape and other forms of violence that constitute a serious violation of human rights. Very often, provisions aimed at protecting women from violence are not implemented, but are even implemented to their detriment. Partner violence continues to be prosecuted as a misdemeanor, not a criminal offense. Thus, there is an instance where a man has been fined seven times for violent behavior towards his ex-wife, but no criminal proceedings have ever been instituted against him. Apart from this, there is still a bad police practice of double arrest of victims of violence and perpetrators of violence, where, despite the conducted trainings, police officers do not recognize the real aggressor even in situations when he had previously been found guilty of violence, either under criminal, or misdemeanor charges. In such cases, it is up to the victim to defend herself against the accusations of the state authorities that were obliged to protect her. Furthermore, there is no standardized risk assessment procedure, where a form would have to be filed out, as used by other States Parties to the Istanbul Convention, while the Croatian police rely on the education of individual officers, which is clearly insufficient. This is just a small part of the problems we are facing nowadays and are working on, and given the time constraints, I would stop with that. Thank you very much. Ana Manojlović Maja Raičević Ana Manojlović Nada Golubović I have to say that in Bosnia and Herzegovina, we are often invited by colleagues with whom we cooperated, from Slovenia, Croatia and Serbia, and if we are to do that in Bosnia and Herzegovina, it is only owing to that regional cooperation. Then, the exchange of experiences and the exchange of knowledge - when we want to do something, we first look at the pages of our sister organizations, how they did it, so we try the same models. I guess they probably look at something we did, too. That means a lot to us. Our countries, our country Bosnia and Herzegovina, has now had its first report to the GREVIO Committee, which was set up precisely to see how the Istanbul Convention is being implemented. Colleagues from the region, Serbia and Montenegro, and Croatia have already had these experiences, their experiences have helped us a lot, and I think that this regional cooperation is very important. And I would go back to ten years before, and even to everything that happened later, that campaign that we did in the whole region, that is, Slovenia, Croatia, Montenegro, Serbia, Macedonia, was simply visible. We all have those televisions now, you can watch everything from Slovenia to Skopje, and when we saw our joint campaigns, common messages, I think it was the best campaign ever conducted, and the most visible in the whole region, and that it may have raised the level of awareness about domestic violence and violence against women in the region of these Western Balkans. Ana Manojlović Tanja Ignjatović Ana Manojlović Tanja Ignjatović So, that one level that is not only our cooperation, for which I have to say - the idea for this campaign did come from Belgrade, because it was completely clear that the Convention will be the most important event for women's organizations - but our cooperation still exists ever since the early 90's, i.e., since the late 80's, when the first SOS telephones were formed, Ljubljana, Zagreb, Belgrade, all one year after the other. Our cooperation, our organizations, existed throughout the wars, when any form of communication was very difficult, women remained connected, women's organizations remained connected, to help one another, regardless of national affiliations and our governments, and it continued naturally. A good part of our region speaks related languages or can be mutually understood, and that connects us in some way because we communicate more easily, and I have to say that we are also very… all our organizations, that is, our six leading organizations in that project and all 29 women's organizations from six countries, we are all very well connected with the two largest European networks, one in Vienna, which deals with violence against women, and the other is the European Women's Lobby in Brussels, which deals with all topics, but also has a section for violence - we are in a constant communication, because what happens in Spain can come to us, what happens in Turkey, can come to us. Or, good solutions from Italy are very important for us, because it is all the same legal space. The European Court of Human Rights sets standards for all of us, for our states, for all members of the Council of Europe, even if we have not ratified this Convention, these are the same standards that are set for all states. Ana Manojlović Dubravka Hrovatič, SOS hotline for women and children victims of violence from Ljubljana What happened in Slovenia at that time? The Law on Prevention of Domestic Violence was adopted, which sets some minimum standards that should be guaranteed by the state in access to rights and support, and protection of all victims of domestic violence. Along with the Law on the Prevention of Domestic Violence protocols were also adopted for the conduct of institutions, cooperation and information, and a ban on corporal punishment of children. During this period, the Family Law was changed, the statute of limitations for sexual offenses was extended, and at the moment, laws in the field of rape are being adopted, namely according to the model "Only yes means yes." Accommodation in safe houses for victims of violence was provided, cooperation between institutions was provided, and this year - finally - a 24-hour national line for victims of violence. The most important realization of this Convention is the duty of all bodies, organizations, and the state, regarding the education of all those involved in the system of assistance to victims of violence. A change in the Law alone would not bring about changes in social norms. All the movements I have been observing lately confirm what Article 3 of the Istanbul Convention states: that violence against women is gender-based violence. Thus, it is made known that, as a rule, violence against women is committed by men, because they learned such behavior in the long history of patriarchy, and that women defend themselves poorly because they were poorly educated about their rights. Our experience shows us that it is important that the state has adopted international acts and at the same time action plans for the implementation of these laws. In the field of prevention, we notice that it is necessary to enter the contents about violence and awareness about it into the school system. That means integration at all levels of the school system: from kindergarten to college. In the area of assistance to women, it is necessary to ensure that the procedures are fast, that those who decide in the procedures have information about violence, that they do not equate it with conflict, because this can retraumatize the victims; contacts are decided regardless of the violence, and the victim is again exposed to threatening situations. Expert opinions also do not consider domestic violence as an important factor in deciding on contact with children. In the areas of prosecution and protection measures, greater orientation towards the elimination of perpetrators and control over the implementation of these procedures is needed. It should be mandatory to refer perpetrators of violence to social skills trainings. Withdrawal from the Istanbul Convention would mean weaker protection for victims of violence. Given the number of increased femicides, and reports of sexual abuse, that move would be quite irresponsible on the part of the state. Ana Manojlović Maja Raičević However, what is also a problem is a kind of structural discrimination, I would say, of women who report violence by the very inaction of institutions, because if institutions fail to act ex officio or to apply the principle of due diligence and timely response to violence, they engage in some kind of institutional discrimination, and many women complain to us precisely about not getting that timely response and a lot of understanding from those who are there to protect them. So, unfortunately, these examples are numerous. I would say that one example is the qualification of acts related to violence against women and domestic violence. In Montenegro, for example, and that speaks a lot about this tolerant attitude towards violence, about 2000 cases are processed daily as a misdemeanor - "daily", sorry, annually ... Ana Manojlović Maja Raičević Ana Manojlović Nada Golubović Ana Manojlović Nada Golubović Ana Manojlović Nada Golubović Secondly, generally, in the highest positions in the state of Bosnia and Herzegovina, we have never had a female President but we have always had a male President. The cantons are also mostly dominated by men. We have a female President in the Republika Srpska, however, women who are in high positions, in any part of the state of Bosnia and Herzegovina, simply do not treat the women's issue as a priority issue. In general, in order to reach these high positions, they take on the roles that their male colleagues have, and I think that this is already something that is visible at the highest level as absolutely clear discrimination against women in society. Ana Manojlović Tanja Ignjatović Serbia has a serious problem, nothing has changed regarding the most serious acts of violence, that is, attempted murder and murder. The number of women killed on an annual basis is not decreasing significantly, it is only lower in those years when we did not have a mass murder, when a larger number of women from one family were killed. Unfortunately, I have to say that the weakest point at the moment is actually supporting women. So, there are no specialized support services well distributed, we still do not have crisis centers for women victims of rape, we still have the weakest procedure, the most difficult procedure when it comes to victims of sexual violence. Here, since the beginning of this year, Serbia has had four serious, big scandals involving sexual abuse, sexual harassment and rape. So, it remains to be seen whether we will systematically improve the way it is handled. We have not changed anything in the education of young people ... Ana Manojlović Tanja Ignjatović Ana Manojlović Tanja Ignjatović Ana Manojlović Tanja Ignjatović Ana Manojlović Savka Todorovska, National Council for Gender Equality from Skopje At the same time, the impact on the public regarding violence is very important, as well as the basic violation of human rights. Following the ratification of the Istanbul Convention, in December 2017, government institutions developed an action plan for the implementation of the Convention for the Prevention and Combating of Violence against Women and Girls, as well as against Domestic Violence. A new Law has been prepared and measures have been improved, while an institutional system for the protection of victims has been established. The harmonization of national laws with the provisions of the Istanbul Convention has been established, and amendments to all other laws related to this issue have been drafted. At the same time, standards for the provision of specialized services to victims of gender-based violence have been developed, as well as standard operating procedures in accordance with the Istanbul Convention. In 2012, together with all of you, we began to work intensively to change and improve the situation related to violence against women, to increase the institutional responsibility and protection of victims, and to help women get out of the position of victims. With the change of the political context, the message of the I sign.org campaign was heard and a large part was filled with the adoption and improvement of the Law, as well as changes in perception and overcoming stereotypes about the position of women in the family and society. Certainly, some questions and tasks remain open, especially regarding the full implementation of the Law and the Istanbul Convention, as well as regarding the professional attitude of institutional officials and their full sensibility and responsibility in working with victims. Ana Manojlović Maja Raičević Ana Manojlović Tanja Ignjatović Nada Golubović Ana Manojlović Nada Golubović Ana Manojlović Maja Raičević Ana Manojlović Thank you for speaking for this episode of BeFem Talks, thank you for fighting for years. I really want you to continue to cooperate, not to give up and that the next time we meet, we won’t be talking about the fact that we have to defend our rights by all means, but that we are aware that we have reached something that is taken for granted and is being implemented by the institutions. Tanja Ignjatović, Nada Golubović, Maja Raičević – Thank you. |