Suteera Vichitranonda
Gender and Development Research Institute, Thailand

Violence against women in Thailand has been prevalent despite the intensive efforts to eliminate it. Against the backdrop of patriarchy and power relations which form the core of the problems facing women and children, there have been improvements in the services provided to the survivors, particularly by NGOs.  However, in the realm of laws, justice to women remains a big challenge.    

The government's failure to address discrimination against women and the minority groups implies that women face multiple levels of discrimination in their life which increase their chance of being abused.

Attitudes / culture / values condone domestic violence  and justify inaction in bringing perpetrators to justice and providing appropriate remedies for survivors of violence against women.

Most of our advocacy for justice for survivors of violence against women takes place within the framework of the justice which the legal system provides.  While the law is an important mechanism for providing justice to women, it is also important that we look beyond the law because the law frequently fails to deliver justice to women and meet women's diverse needs and concepts of justice.  Many of their identified needs may be far removed from the crime /punishment and perpetrator/victim model, which the legal system offers.  It is important that the women's movement frames its advocacy for justice for VAW survivors from a point of being responsive to the needs and wishes of the survivor.  Then we can effectively lobby government to meet their obligations to provide access to real justice for women.

In the framework of justice, the pictures reflect the inadequacy of law and law enforcement as well as discriminatory laws. Law enforcement has been weak however, in certain cases, strict law enforcement aggravates the severity of violence against women and human rights may unintentionally be violated.  Gender perspective is required in state mechanisms.  However, while gender sensitivity is lacking, community mechanisms could facilitate the state mechanisms to be much more effective. State and community mechanisms need to be linked together.

In Thailand, in 2004 two new laws were enacted to provide better protection for women which include Witness Protection Act and Damage Compensation Act. The draft bill on domestic violence which has long been overdue, is still at the start of the legislative process  and it is estimated that it will take about one and a half to two years before it could be promulgated. In the Thai context, to provide better access to justice for women, international conventions need to be recognised as significant instruments in improving.  The state and the civil society must be fully aware of such a powerful instrument as CEDAW (Convention on the Elimination of all forms of Discrimination against Women).  With regard to the civil society, the awareness may be more easily heightened than the policy making level.  This poses a real challenge as there is a lack of understanding.  Wide dissemination of knowledge and understanding on CEDAW as well as all the related UN instruments is truly necessary.

The National Consultation on Justice and Women Confronting Violence, hosted by the Gender and Development Research Institute on 7 October 2005 was one channel to highlight UN mechanisms in addressing violence against women.  The Consultation had the UN Special Rapporteur on Elimination of Violence Against Women, Dr Yakin Erturk, as a special guest.

The main objective of the consultation was to enable Thai NGOs and their networks to directly consult with the UN Special Rapporteur on justice issues and matters relating to the elected topic of the SR's report as well as to provide a forum for exchanges and strengthening the networks.  
    
The consultation brought about 110 participants representing diverse groups within the government and private sectors.  These included the NGOs, police, attorneys, academics, grassroots women leaders from different regions of the country and local government administrators at the sub-district levels.  

The Consultation  resulted in a better awareness among the participants on the role of UN Special Rapporteur on Violence against Women and how her position can be utilised to hold the government accountable for providing justice mechanisms in both prevention and rehabilitation for the violence survivors.