Transcript Slide 1

SERVICE CHARTER FOR VICTIMS OF
CRIME
Presentation to KZN PIJF
Durban, Kwa Zulu Natal
4 April 2007
Overview of presentation
• Background
• Draft Implementation Plans
• Provincial Consultation
– Plan
– Feed back
• Questions and Discussion
Why do we need a Victims Charter?
• ‘Balance’ interest between victims and offenders
• Build on / strengthen legislation and policy that provides for rights
of victims:
– Constitutional right to privacy and dignity
– Criminal Procedure Act of 1977 right to claim compensation for loss or
damage to property
• Fulfilment of government’s commitment to address needs of victims
• Fulfilment of government’s international agreement to the UN
Declaration of the Basic Principles of Justice for Victims of Crime
• Advocacy tool/ instrument for NGOs and CBOs working with victims
of crime
Background
• Government adopted the National Crime Prevention Strategy in
1996, which included the Victim Empowerment Programme (VEP).
• The VEP includes various initiatives to address victimization and
the Service Charter for Victims of Crime (also referred to as the
Victims Charter) is one of the initiatives.
• The President, in his address to the Joint sitting of Parliament, 21
May 2004, made a commitment that government will finalise the
Victims Charter and attend to the needs of victims of crime.
• Cabinet approved the Victims Charter on 1 December 2004.
• The Charter was not accompanied with implementation plans, thus
making it difficult to hold departments accountable.
Background
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An Inter-Departmental Committee (IDC) has been established at national level to
facilitate the implementation, monitoring and evaluation of the Victims Charter.
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The IDC is chaired by the Department of Justice & Constitutional Development, with
Ms Joyce Maluleke as chairperson.
IDC members consist of:
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Department of Justice & Constitutional Development
National Prosecuting Authority
South African Police Services
Department of Correctional Services
Department of Health
Department of Social Development
Department of Education
SA Human Rights Commission
Commission on Gender Equality
The IDC meets on a quarterly basis and reports to the Development Committee
About the Victims Charter and Minimum Standards
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The Victims Charter aims to reduce secondary victimization of victims in the criminal justice system
and to ensure that victims are central to the criminal justice process.
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The Charter contains seven rights:
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The right to be treated with fairness and with respect for your dignity and privacy
The right to offer information
The right to receive information
The right to protection
The right to assistance
The right to compensation
The right to restitution
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In order to ensure that rights become meaningful to victims; two processes have been embarked
on:
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Drafting Minimum Standards – that provide further explanation of what victims can expect from
service providers
Drafting Implementation plans – that align the Victim Charter with the respective departmental 5
year Strategic Plans to ensure consolidated budgeting (MTEF) and Performance Management
(KPI’s).
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About the Victims Charter and Minimum Standards
• The Minimum Standards provides a definition of a ‘victim’.
– A victim of crime is defined as a person who has suffered harm,
including physical or mental injury, emotional suffering; economic loss;
or substantial impairment of his or her fundamental rights, through acts
or omissions that are in violation of our criminal law.
• The Minimum Standards is divided into four parts:
– Your rights as a victim of crime
– The processes and responsibilities of the relevant departmental role –
players within the criminal justice system
– Minimum Standards on Services for victims of crime
– Complaints Mechanism
Why do we need implementation plans?
International experiences
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Research from New South Wales and the United Kingdom showed why
implementations for the Victims Charter are important:
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‘As a quality assurance mechanism for internal evaluation
As a set of indicators for external evaluations
As a review mechanism for breach of the Charter
As a guide for best practises to be followed by agencies’ New South Wales 2001
Canada approved its implementation plan on the Victims Charter in
February 2000, with a federal budget allocation of 25 million dollars for a
five year period
Scotland and Ireland do not have implementation plans for their Victims
Charter, however
They have a fund: Criminal Injuries Compensation Scheme which can pay
victims between 1,600 – 800 000 Euros.
In addition Victim Support Services, National telephone toll free lines, and
funding for NGos working with victims is provided for.
Draft Implementation Plans
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International research has shown the importance of developing implementation
plans on the Victims Charter to hold government and departments accountable.
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Each Department responsible for implementing the Victims’ Charter commits to
implement measures that will ensure that commitments made in the preamble and
individual rights are realized.
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Draft Implementation plan represents the following departments:
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Justice & Constitutional Development
National Prosecuting Authority
South African Police Services
Correctional Services
Health
Social Development
The Department of Education has not submitted any plans.
The implementation plans do not represent provincial input.
Draft Implementation Plans
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The implementation plan is structured to include:
Action
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Deliverable
Milestone
Budget
Other Resources
Common action / activities include:
– Training of service providers
– Development of Victim Charter Policy
– Provision of victim friendly services
– Hospitals – dedicated clinical forensic services
– Police stations – separate waiting rooms and interview rooms
– Courts – one way mirrors, separate waiting rooms, information desks, electronic
equipment – CCTV
– Specialized courts – sexual and domestic violence
– Prisons – separate waiting rooms
– Transport for victims
– Social Development – setting up shelters
– Case management and work flows
– Establishment of toll free line and website
– Public education
– Research
Draft Implementation plans
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Draft implementations are not complete and some departments have
submitted a second version – Department of Health and Correctional
Services.
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Deadline for (National Departments) second draft is 5 April 2007.
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Provincial plans are to be submitted by departments.
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Provincial consultations will take place with stakeholders (NGOs, CBOs etc)
after presentations to departments.
Consolidated implementation will be submitted to the Development
Committee, the JCPS and Social Cluster and Cabinet.
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Victims Charter and Implementation plans to be launched in 2007.
Progress on the Victims Charter – Activities from DOJ & CD
• Victims Charter and Minimum Standards have been translated into
all official languages and Braille
• Hosted radio education slots on the Victims Charter in all African
languages
• 2151 DOJCD personnel trained / briefed
• Toll free lines established but not activated due to permanent toll
free line not having been appointed and no complaints management
system in place
• Conducted secondary research on Conceptual Framework of
‘Victim’ – International experience
• Set up web page on DOJ & CD website with information on Victims
Charter
Testimonies from victims
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From website, emails submitted included:
– Request and intervention from a family who did not attend parole
hearing. They were not informed of the date of the hearing and could
not make presentation.
– Request from a daughter who’s mother was killed in a house-breaking.
She has relocated to the UK and has tried, unsuccessfully, since 2001,
to find out what the outcome of the case was.
– Request from a NGO on behalf of a woman who was raped and could
not access ARV because the hospital has a policy to only give to those
who have reported rape to police
– Request from a victim involved, as a bystander, in a shoot off between
police and robbers in 2000. Her car was confiscated and she is still
trying to trace it.
– Request for information from a victim about why the case was
dismissed. The accused was charged with rape of the victim who was a
teenager at the time.
Provincial Consultation
Phase 1: Consultation with Provincial Departments
Presentation on the Victims Charter and implementation to
provincial government departments
February – April 2007
Phase 2: Collation of Provincial input and planning of Stakeholder workshops
All provincial departments to submit input to be collated into
department’s implementation plans. Convene Provincial
Stakeholder Consultation workshops to be completed.
1 May 2007
Phase 3: Consolidation of inputs and presentation of final implementation plans
Final implementation plan to be presented to structures.
Final plans to be given to Provincial departments.
Role of Provincial Departments
• Submit name of person responsible or allocated to implement
Victim Empowerment Programme to Department of Justice &
Constitutional Development OR National Department representative
on the IDC
• Submit provincial plans/ information on services provided by 1 May
2007
• Provide reports on implementation to Provincial Development
Committee (or Provincial JCPS or MANCOM)
Feedback from other Provincial presentations
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From February – April 2007, the following provincial presentations have
been made:
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19 February 2007 – Northern Cape (NGO Victim Empowerment Forum)
7 March 2007: Eastern Cape
9 and 16 March 2007: Gauteng (NGO and Government Department Structures)
20 March 2007 : Western Cape
26 March 2007: Free State
4 April 2007: KZN
18 April 2007: Northern Cape
19 April 2007: North West
Feedback from presentations
– No proper coordination between national and provincial departments
– Implementation of services to victims still continue even in the absence of
implementation plan
– Request for inter-sectoral training for all service providers and NGOs
– Victims Charter to be placed on agenda of all meetings so as to track progress,
identify challenges. This should be communicated with Department of Justice.
National representatives on the IDC
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Department of Justice & Constitutional Development
– Joyce Maluleke : 012 315 1670: [email protected]
– Naomi Webster : 012 315 1296 : [email protected]
– Lulama Nongogo : 012 315 1830 : [email protected]
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Department of Social Development
• Zoditi Tshotsho: 012 312 7883: [email protected]
• Joan Groenewald: 012 312 7568: joang@ socdev.gov.za
• Phumza Govuza: 012 312 7362: [email protected]
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Department of Health
– C. C Kotzenberg: 012 312 0218: [email protected]
– Joel Mokonoto: 012 312 0395: [email protected]
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National Prosecuting Authority
– Brandon Lawrence: 012 845 6132: [email protected]
– Alta Eksteen: 012 845 6717: [email protected]
National representatives on the IDC
• South African Police Services
– Gladys Mangwani: 012 421 8072: [email protected]
– E L Mapetla: 012 421 8234
• Department of Correctional Services
– Joyce Mashego: 012 305 8043: [email protected]
– Minette Plaatjies: 012 307 2441: [email protected]
• SA Human Rights Commission
– Jennifer Joni: 011 484 8300: [email protected]
• Commission on Gender Equality
– Maretha de Waal: 011 403 7182: [email protected]