DEMOCRATIC
DISCUSSION DOCUMENT ON THE RIGHTS OF VICTIMS OF CRIME
2007
EXECUTIVE SUMMARY
This concept paper outlines what the
key rights of victims are, what forms of victim support are currently available
and what kinds of victim support are needed to create a situation where
victims’ rights are truly provided for. Date: June 2007
This document is part of the DA’s
campaign on victims of crime and follows the submission of a public member’s
bill which seeks to establish a victims of crime fund, as well as an ongoing
campaign involving our victims of crime website, visits to victims and a
sustained political programme of action on this issue in- and outside of
parliament.
The DA has a number of documents
that relate to criminal justice, safety and security and correctional services,
of which this discussion document forms part of the overall campaign to improve
victims’ rights.
Introduction:
Double Victims
The severe
economic and social consequences of being affected by crime are very serious.
They can range from being unable to work due to physical injuries, high levels
of post-traumatic stress which impacts negatively on the person and the family,
as well as the direct financial costs of attending court, legal fees and insurance
excesses, among others. These are some of the socio-economic costs borne by the
victim and by broader society. The ripple effects are felt by people not
immediately connected with the crime incident itself.
The vocal
dismay and anxiety surrounding the crime rate is not simply due to social perceptions.
Every year more and more people fall victim to crime. Every year, the number of
people directly or indirectly affected increases. We are now at the point where
we face a possible situation where more people have been affected by crime than
those who have not.
In
The
Democratic Alliance (DA) believes that by not placing more emphasis on the
rights of victims of crime, the government is failing to fulfil a key
responsibility to the citizens of this country. Upholding the rights of victims
must become a central focus of the criminal justice system. Ensuring victims’
rights is crucial in order to provide human rights to South Africans, improving
the criminal justice system, preventing crime and working towards developing
restorative justice.
Paying Lip Service to Victims’ Rights: The Current Situation
The key needs
of victims of crime include the following:
The need for access to
justice and fair treatment
The need for safety
The need for information
The need for assistance
and services
The need for continuity
The need to
have a voice
The need for
validation and acknowledgement
The need for
restitution and redress
Access to
specific health services and prophylactic drugs for victims of rape is also
important.
Service
Charter for Victims of Crime or “Victims Charter” – Ministry of Justice;
Victim
Empowerment Programme – Department of Social
Development;
Uniform
Protocol for the Management of Victims, Survivors and Witnesses of Domestic
Violence and Sexual Offences – National Prosecuting Authority.
Overall Problems with existing victims’ policy and practice
The Victims
Charter has not yet reached the stage of implementation. The VEP faces financial and human resource
challenges. It is uncertain whether the Uniform Protocol has reached
implementation stage as yet. Furthermore, the policies have been drafted
separately at different times. This means that different standards, terms and
methods have been proposed by different policies.
There must
be integration and consistency across the board, so that services are not
duplicated, ensuring that best practices are replicated, learning is shared and
gaps in service provision are filled. Equally important, human resources and
financial support need to be prioritised. NGOs and other relevant service
providers, including government departments, need to be in a position to hire
appropriately skilled and experienced staff.
Service
provision to date is only partially effective because a single set of
comprehensive standards is not fully developed, unified or enforceable across
the board. Most importantly, there is no proper victim compensation mechanism
in the current policy.
The quality
and scope of services to victims have been severely curtailed by lack of funds,
lack of measurable quality standards, training, experience and supervision for
victim support workers, a shortage of full-time victim support workers, an
over-reliance on volunteers, and the use of outdated counselling techniques.
Making
Victims a Central Focus of the Criminal Justice System
Real leadership and political will is needed
Victims policy must be brought to life
Training in upholding providing victims’ rights must be provided
The establishment of a state fund
for victims of violent crime
Victims need to be allowed to
participate in decisions concerning them
Improving and rolling out services
to victims
All types of victims need to be given their rights
Greater focus on perpetrators and male victims needed
Restitution and Restorative Justice
Conclusion
The justice
system needs to change its focus to include providing victims of crime with
their rights as a major priority. Strong leadership and political will is
needed to amend and concretise the rights contained in the Victims’ Charter and
other policy documents to make these rights a part of our legislative framework,
and to provide the necessary inputs to ensure that victims of crime are
provided with the necessary services that make these rights a reality.