We welcome that the UK Government complied with the IC Act - and was on time in reporting the progress it has made towards ratifying the Istanbul Convention.
This report states that the only barrier for the UK government to ratify is compliance with Article 44 - Extra-territorial jurisdiction. In other words, across the UK we need domestic legislation that means perpetrators of violence against women and domestic abuse from the UK can be held accountable for their actions if they commit crimes abroad.
The report falls short by not providing clear actions and a timeframe to make sure this can move forward. Particularly how compliance can be assured in Wales, Scotland and Northern Ireland, and what steps the UK government is taking to work with devolved nations to see the convention written into domestic law.
We are calling for a clear timetable of actions to end this impunity for perpetrators of violence by legislating for article 44. After six years of stalling, the UK government needs to actively work with the devolved administrations and civil society to ensure ratification of the Istanbul Convention.
The UK Government signed a commitment to ratify the Istanbul Convention six years ago.
The UK government states that it already complies with most of the Convention’s articles. However, a key element of the Convention has been missing. This is to make sure that all the nations that make up the UK can all use their national law to prosecute gender-based violence offences when they are committed by their nationals abroad. The legal term for this is ‘extraterritorial jurisdiction’ (ETJ).
In other words, across the UK we need domestic legislation that means perpetrators of violence against women and domestic abuse from the UK can be held accountable for their actions if they commit crimes abroad.
Domestic Abuse Bill
We are pleased that, following campaigning by IC Change and a coalition of women’s organisations, the Government will put the necessary measures for Extra-Territorial Jurisdiction in place for England and Wales in the forthcoming draft Domestic Abuse Bill. This is due to be published later this parliamentary session.
There is still work to do
However, as the draft Domestic Abuse Bill only covers England and Wales, we would like to see more detail on how the UK government is working with devolved administrations in Scotland and Northern Ireland towards ETJ and ratification.
We need a timetable for ratification
The UK Government first signed the Convention in 2012, but are yet ratify which gives full legal effect. Six years on, the situation for women and girls remains critical, and how the Istanbul Convention is taken forward in the DV Bill and the devolved nations remains of the utmost importance.
The Government is yet to set out a timetable for ratification as required in Section 1 of the Preventing and Combating Violence Against Women and Domestic Violence (Ratification of Convention) Act 2017 - also known as the IC act. This law passed in April 2017 following tireless campaigning from IC Change in partnership with many women’s rights organisations, and (former MP) Dr. Eilidh Whiteford. We call for the UK Government and the devolved governments of Scotland, Wales and Northern Ireland to create a comprehensive timetable for ratification of the Istanbul Convention.