GIVING VICTIMS THEIR RIGHTS: THE DA'S POSITION PAPER ON VICTIMS OF CRIME

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 full document is attached.)

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 South Africa, many victims of crime complain that they are victimised twice, first by the criminals and then by the criminal justice system, which emphasises crime as an offence against the state and displays insufficient concern for the plight of victims. Victims state that the system often gives them little or no information on the processing of their cases and little or no voice in the ultimate resolution of those cases.

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. South Africa does have measures in place to provide for some of the rights of victims of crime. A range of intradepartmental policies do exist. In particular, three major policies for victims form the backbone of South Africa’s current victims’ policy environment. These are:

1. Service Charter for Victims of Crime or “Victims Charter” – Ministry of Justice;
2. Victim Empowerment Programme – Department of Social Development;
3. 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

1. Real leadership and political will is needed
2. Victims policy must be brought to life
3. Training in upholding providing victims’ rights must be provided
4. The establishment of a state fund for victims of violent crime
5. Victims need to be allowed to participate in decisions concerning them
6. Improving and rolling out services to victims
7. All types of victims need to be given their rights
8. Greater focus on perpetrators and male victims needed
9. 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.

Download supporting documents (Victims Of Crime 2007.doc)