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POLICIES TO PREVENT

VIOLENCE AGAINST WOMEN IN

NEW CALEDONIA AND FRENCH

POLYNESIA

Thematic public report

Summary

April 2024

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Summary

Adopted by the United Nations General Assembly in 1993, the Declaration on the

Elimination of Violence against Women defines violence against women as

"any act of

gender- based violence that results in, or is likely to result in, physical, sexual or mental harm

or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty,

whether occurring in public or in private life"

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In New Caledonia (government and provinces) and French Polynesia (government),

while the State is responsible for law enforcement and monitoring the perpetrators of such

violence, care for the victims falls within the health and social field, which is the responsibility

of these authorities. On the other hand, studying the phenomenon, which includes keeping

statistics, is the responsibility of both the State (police, gendarmerie, justice) and local

authorities (social services, public health, social security, employment, etc.) in partnership with

associations.

A phenomenon that has long been poorly understood

Reliable statistics are recent, but they only cover part of the reality of the phenomenon.

National observation initiatives are not always extended to local authorities such as

French Polynesia and New Caledonia, on the grounds that they are responsible for statistical

studies.

What's more, awareness of this issue on the part of local political authorities is relatively recent.

When the New Caledonian government set up the

Grenelle des Violences

in 2019, it

noted that crime statistics did not at the time cover all forms of domestic violence. It began to

rectify the situation by launching a specific statistical survey in November 2020, which revealed

(May 2022) an additional need for knowledge that must be part of a formalised framework

shared between the institutions.

In French Polynesia, observation of the situation is less advanced. In addition, the

geographical fragmentation of the territory, inherent in its multi-island nature and characterised

by the presence of small isolated human communities, makes it more difficult for victims to

reveal the facts on the spot.

However, these statistics only reveal part of the phenomenon.

In both areas, the phenomenon of women's economic dependence, which often acts as

a brake on disclosure, is particularly significant. In 2021, women will still have a lower

employment rate than men. The female employment rate in French Polynesia has not risen

since 2007, so that only 46 % of women are in work compared with 60 % of men, a gender

gap of 14 points.

In 2022 in New Caledonia, the employment rate for women aged 15 to 64 will be 47 %

compared with 56 % for men, a gender gap of nine points. However, they are more highly

educated, with 43 % of 15-64 year-olds holding a

baccalauréat

1

or higher qualification,

compared with 36 % of men.

In France, the employment rate differential between men and women is six points.

In this context, an in-depth assessment of the situation needs to be carried out and

subsequently systematised.

1

A-level or high school diploma.

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Although incomplete, these data reveal a situation that is very damaging

The available data shows that the situation in these two territories is deteriorating:

women in French Polynesia and New Caledonia are victims of violence more often than in the

rest of France.

Number of people involved in cases of domestic violence,

per 100,000 people

Source: based on data from the Criminal Matters and Pardons Directorate

of the ministry of justice

The increase in the number of people implicated may reflect a worsening of the

phenomenon or an increase in the proportion of disclosures made by victims to the police and

gendarmerie, although it is not possible to identify with certainty the influence of each factor.

However, the number of people charged in cases of domestic violence is not comparable

to the national statistics and the results recorded in New Caledonia and French Polynesia. In

2022, when 217 people per 100,000 inhabitants were implicated in this kind of crime in France,

535 were implicated in New Caledonia and 383 in French Polynesia. In addition, the proportion

of people prosecuted out of the total number of suspects is higher in both areas.

Similarly, the number of convictions for cases of domestic violence resulting in prison

sentences is significantly higher in the two territories than in France as a whole, with a sharp

increase per 100,000 inhabitants between 2019 and 2022.

Number of convictions and unsuspended prison sentences

per 100,000 people

Source: based on data from the Criminal Matters and Pardons

Directorate of the ministry of justice

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As a result, not only can there no longer be any political denial, but local public authorities

are beginning to understand the high social cost of such a situation, which has yet to be

assessed. The two local authorities are invited to put a figure on the total budget they are

mobilising to combat violence against women, especially as caring for victims falls within the

health and social sphere, which is the responsibility of the local authorities in New Caledonia

(government and provinces) and French Polynesia (government).

The power to act, but poorly defined means

International commitments entered into by France are automatically applicable in French

Polynesia and New Caledonia by virtue of article 55 of the French Constitution of 4 October

1958. As regards national laws and regulations, article 74-1 of the Constitution combined with

the respective organic laws governing the status of the two territories establishes the principle

of their application when an express mention is inserted in the national text to that end, with

the exception of certain matters which are the direct responsibility of the State such as the

organisation of justice, criminal law and criminal procedure.

The two local governments therefore need to pay particular attention to existing

international and national instruments in order, on the one hand, to assess their own

responsibilities and obligations in this area and, on the other, to develop their capacity to

mobilise local communities using the mechanisms for which they are responsible.

Prevention and social and health care for victims and perpetrators are the responsibility

of the government of French Polynesia and, in the case of New Caledonia, of the provinces

and the government.

In addition, although the governments of New Caledonia and French Polynesia each

allocate funds to support the fight against violence against women, it is not easy to keep track

of these funds, as this issue is for the most part included in the budgets as part of a broader

package that includes violence and vulnerable people (the elderly, street people, children,

battered women).

Most of this local public funding is in the form of operating and investment grants,

particularly to associations. Direct expenditure by local authorities is often scattered throughout

their budgets (funding studies, prevention support, etc.).

What's more, in French Polynesia, associations working in this field are largely supported

through the French Polynesia Solidarity Budget (RSPF), which, as far as payment is

concerned, is the responsibility of the Social Welfare Fund (CPS). It is fully funded by the local

government budget. In the absence of complete monitoring due to the lack of a clearly

identified perimeter, the local government is unable to provide a complete statement of the

sums actually paid out.

Nor has New Caledonia been able to gather figures on the funds used to combat violence

against women. It justified this situation by the need to contact all the local authorities and

communities involved, including the provinces, before being able to consolidate the financial

information.

For its part, the ministry of justice has indicated that it does not isolate the budget

appropriations allocated to combating violence against women.

For the future, the two local governments and the State are invited to keep track of all

the public financial support given to each private partner.

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A response from the local governments that is taking shape but still needs

to be consolidated

Today, the main areas (prevention, communication, information, training) are identified

but not always implemented in a relevant way, in the absence of any overall prevention

strategy.

This is particularly important because effective long-term prevention is likely to increase

the proportion of disclosures by victims, and ultimately reduce the prevalence of violent acts.

In New Caledonia, however, the government is taking a number of preventive measures,

including a necessary educational component. A 3E committee (Education for Equality at

School), set up in 2015 by the local education authority of New Caledonia, promotes and

coordinates educational projects around this theme, involving both teachers and pupils'

parents.

In French Polynesia, the initiatives undertaken by the local authority to prevent violence

against women have been carried out without an appropriate strategic framework being

formalised, either in terms of social policy or public health, with the risk of actions, funding and

monitoring being fragmented.

New Caledonia still needs to set up a women's rights reference tool for the professionals

concerned, while French Polynesia has followed the recommendation made by the territorial

chamber of accounts of French Polynesia in its report published in 2022 and produced and

distributed a guide for professionals in 2023.

Over and above the actions to be carried out or extended, fluid and structured

cooperation between authorities must be sought and implemented.

New Caledonia and French Polynesia are characterised by the large number of players

involved in the field of domestic violence, which needs to be better coordinated. The result is

unequal access to rights and services.

Similarly, a structured, long-term approach that has yet to be defined for each region will

help to affirm this collective commitment.

The New Zealand example illustrates this approach: in December 2021, New Zealand

launched a 25-year national strategic plan

"Te Aorerekura"

for government and communities

to eliminate domestic and sexual violence in the country.

In addition to these areas of prevention and coordination, these two areas need to

develop a public policy that provides better protection for victims, in particular by supporting

women in the various stages of leaving violence behind.

However, the screening and warning system is still inadequate in these areas.

For example, French Polynesia and New Caledonia have chosen not to take part or to

withdraw from the 3919 national call box.

French Polynesia is thus depriving itself of useful feedback for the call centre project for

female victims of violence, without putting in place an alternative solution that is satisfactory

for the time being. In fact, it plans to provide women who are victims of violence with a warning

button device. This project, if it can be operational in all the islands, which remains to be

verified, has the disadvantage of only benefiting women who have already been identified by

the public authorities. A local call box is indispensable.

For its part, New Caledonia has set up a local call box and other tools aimed at

developing ways of identifying victims.

Likewise, the two authorities must ensure that victims and perpetrators are able to move

out of their homes. This is difficult in French Polynesia due to a lack of accommodation

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capacity, especially outside Tahiti and Moorea islands. The assessment is better in New

Caledonia, where there are several shelter and accommodation facilities

2.

At the same time, these two governments also need to focus on empowerment

frameworks.

The initial welcome of the victim in a shelter is aimed above all at ensuring his or her

safety in the face of the perpetrator's re-offending or repetition, but also at starting the work of

rebuilding his or her identity. The ultimate aim is to empower women economically and socially.

It is currently difficult to provide second-level care because New Caledonia and French

Polynesia do not have the resources to offer a comprehensive service to women who are

victims of violence.

Against this backdrop, there are many ways for progress: allowances to stabilise the

victim's economic situation, real estate security deposit for female victims of violence, shorter

or more flexible working hours, priority funding for vocational training programs, preferential

access to social housing, construction of transit accommodation, etc.

These two local authorities must also work with the national government services to

support women in their legal careers.

In this respect, the welcome and care of victims needs to be improved, despite the

progress made thanks to a formalised welcome protocol (in police stations and gendarmeries),

a reduction in the time taken to protect victims and the identification of new shelters with trained

staff.

The Act of 30 July 2020 (articles 12 and 28) waiving medical confidentiality in cases of

domestic violence, the provisions of which are applicable in French Polynesia and New

Caledonia, aims to provide better protection for victims.

This text introduces new provisions enabling a healthcare professional to make a report

when he or she observes an immediate danger to the physical or psychological integrity of his

or her patient who is a victim of domestic violence and if he or she observes that it is impossible

for the person to protect him or herself or to lodge a complaint because he or she appears to

be under the influence.

In New Caledonia, a medical reporting system has been set up, and if these two

conditions are met, the practitioner can fill in a form and send it by e-mail to the Nouméa

prosecutor's office, with a view to opening an investigation.

In French Polynesia, the gendarmerie and police services help to find accommodation

for victims of criminal offences. To this end, a

"French Polynesia family protection centre"

has

been set up within the gendarmerie central station for French Polynesia. In addition, since

2020 a committee has brought together the gendarmerie, the prosecutor's office and a leader

association involved in the matter. In particular, this operational group is tasked with developing

a cross-functional approach to the ongoing procedures handled by the parties and with training

the gendarmes. The public security department has a family protection brigade that is sensitive

to the issue of domestic violence. The desk at the Papeete police station has been redesigned

to provide the appropriate conditions for confidentiality and listening welcome.

Lastly, stronger legal measures are being put in place in different ways.

Introduced by Act no. 2010-769 of 9 July 2010, the purpose of the protection order is to

support victims of violence perpetrated by the person who shares or has shared their life, by

granting them protective measures for themselves and any children they may have. It enables

the family court to provide urgent protection for victims of domestic violence. The court will

issue the order if it considers the alleged acts of violence and the danger to which the plaintiff

2 A reception centre in the Lifou island since 2017, two emergency reception beds in the North Province with the

reception centre for women in difficulty (Cafed), several reception facilities in the South with

the Béthanie hostel,

Les Manguiers, Le Relais and SOS Violences Sexuelles

.

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or her children are exposed to be credible. It is not subject to the existence of a prior criminal

complaint.

In New Caledonia, the local act of 5 January 2022 on the protection of victims of violence

reforms the protection order within the jurisdiction of the family court in civil matters. At the time

of its delivery, after having heard the parties' observations on each of the following measures,

the family court judge is competent, among other things, to prohibit the defendant from going

to certain places and to offer the defendant health, social or mental care. The family court

judge can also order preventing and combating gender-based violence training session within

the couple, and rules separate or common residence of the spouses.

In this area, French Polynesia has so far taken a back seat.

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Recommendations

The Court makes the following recommendations:

1.

from 2024 onwards, focus on exhaustive interdepartmental and gendered statistical

monitoring to provide detailed knowledge of the phenomenon throughout each territory

(ministry of the interior and overseas territories, ministry of justice, Governments of French

Polynesia and New Caledonia; 2024);

2.

from 2024, ensure budgetary traceability of all actions and allowances provided to combat

violence against women

(ministry of the interior and overseas territories, ministry of justice,

Government of New Caledonia; 2024);

3.

from 2024 onwards, produce and keep up to date a guide for operators involved in

combating violence against women

(Government of New Caledonia, 2024);

4.

by 2024, design and lead a long-term strategy to combat violence against women, bringing

together all the public authorities and private operators concerned

(Governments of French

Polynesia and New Caledonia; 2024);

5.

from 2024, ensure reliable first-level care for women victims throughout the year by

telephone service 24/7

(Governments of French Polynesia and New Caledonia; 2024);

6.

subject to the availability of the necessary financial resources, from 2024 onwards, expand

the local network of services for victims of violence

(Governments of French Polynesia and

New Caledonia; 2024)

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