Domestic Violence Legislation and its Implementation

OVERVIEW OF GLOBAL GOOD PRACTICES
ON DOMESTIC VIOLENCE RESPONSE SYSTEMS
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in character. Moreover, it must also be noted that VOC/VOM models focusing on reintegration
of survivor, offender and the community, in the countries mentioned below have chiefl y been
used in the context of indigenous communities.
In South Africa, the pilot VOC projects were developed in three areas in Gauteng, and
one in North West Province by the Restorative Justice Initiative (RJI). The model has since
been replicated in other areas by RJI. 48 The VOC model follows a similar procedure to any other
mediation, 49 but the distinguishing feature is that the mediator facilitates the discussion through
a story-telling process. If and when an agreement is reached, it is submitted to the court with the
mediator’s report; the court then allows immediate withdrawal of the case. A short-term follow-up
usually takes place under this initiative to ensure compliance with the agreement and to evaluate
the satisfaction of the parties.
The Canadian model of VOM places greater emphasis on reparation and restitution to
the survivor than reconciliation. The VOM of the Mediation and Restorative Justice Centre
(MRJC) in Edmonton, Alberta provides a good practice example of effective implementation of
this approach. The MRJC model, initiated in 1998, undertakes an approach of restorative justice
based on “focus on harm, participant safety, offender accountability, opportunities for dialogue,
and restoration.” 50 The concern for survivor safety involves continuing dialogue and, based on her
needs, referrals to appropriate services. The values that drive the MRJC VOM are survivor safety,
survivor choice, offender accountability, and system accountability. The importance of self-training
and community support for the VOM also forms a part of the scope of activities undertaken by
MRJC.
4. Legislating the Provision of Funding
Violence Against Women Act, USA: In the United States, a combination of civil and criminal
approaches to domestic violence has been developed. The landmark federal legislation in this
regard is the Violence against Women Act, 1994 (VAWA), subsequently reauthorized in 2000 and
2005. The statute provides funding to states for criminal law enforcement against offenders, and
for other assistance, taking into account the particular needs of women of colour and immigrant
women.
VAWA not only expanded the penalties for crimes against women, improved law
enforcement response, and created innovative remedies for women facing violence, but it
also sought to aid the coordinated response providing statutory recognition to several federal
grant programmes. The VAWA 2005 in its Title 1 provides for reauthorization of funding for the
following programs:
48 For details, see Dissel & Ngubeni; Ibid.
49 “Once the case was referred to the VOC site by the court or other referral agency, the mediators would meet separately with both
victim and offender to establish willingness to participate and to prepare for the conference. They also met with any support people
identifi ed by the parties. If the case was accepted, the trial would be postponed to allow for mediation to occur.” Id.
50 Alan Edwards and Jennifer Haslett; Domestic Violence and Restorative Justice: Advancing the Dialogue; .