Second Glance: Domestic Violence by any other Name

"Temporary Shelters" in Mae La

  Yet, of course, there is always reason for a follow up glance – which revealed startling practices.  Domestic violence was an incredibly touchy subject, but one that was of serious importance to our research team of four young women from Thailand, Taiwan, Indonesia and the United States.  We came from seriously different backgrounds in how our governments dealt with the issue, and we were curious to see how domestic violence was handled in the camp.

Perhaps most interestingly, was the fact that when we first asked, it was clear our translator did not understand the term “domestic violence.”  I assumed it was just a translation error, and we explained through gestures and further explanation to which our translator, once he understood, responded with a nervous laugh.  It was only until later in the day after conducting more research at a Karen Women’s Organization who provides shelter for women fleeing their husbands, did it occur to us that the term “domestic violence” had no equivalent in the Karen language and no one knew of the term.

Food rations awaiting distribution at the camp

Later in the conversation – we learned a new definition for the term “rape.”  In the camp, “rape” referred to an unmarried girl under the age of 18 who was forced to have sex with a man.  My heart sank as I heard this, and before my classmate even finished asking her questions, I anticipated another blow.  Narisara asked, “Well what does that mean if there is an unmarried woman who is forced to have sex but she is over 18, or a wife who is forced to have sex with her husband without consent?”  The response, which goes without need to elaborate, was gut-wrenching.

At first, the judge answered that when there are disagreements between male neighbors, mainly because one is drunk, they bring that man into the detention center for 24 hours until the alcohol wears off.  When we continued to pry into the issue of violence within the home and within the family as we were more interested in the pursuit of justice for women, the judge shifted uncomfortably in his chair.  He gave a one-line answer about how these issues were typically dealt within the family.  But this wasn’t an acceptable answer for us – and he should have known that four educated women would pounce at his shady response.  All four of us at the same time opened our mouths to further question, and it became quickly clear to us that this issue had personal interest for our entire group.

Outside the Camp Justice Center

As we continued to ask guiding questions such as “how would I go about reporting that my husband hits me?” or, “what happens to someone when they hurt someone else” the truth came out, and as the judge responded honestly to our questions and prompts, the hurt of the answer was worn on each of our faces…

In response to our question about how a woman would go about reporting a crime, she is to report directly to the Zone leader – the male that is in charge of the section of the camp.  He must then decide if the case is worth pursuing, and if an investigation is to take place.  If a woman is raped, before she can report the crime, she must first seek treatment from the hospital to confirm that a rape has taken place.

Collecting plastic near the road in Mae La

As if that weren’t enough, we continued to pry into the criminal procedures for punishment of domestic violence.  After a domestic violence crime is reported and investigated (and as the judge notes, it is often by concerned neighbors and not the wife herself) the wife is brought before the court and her husband, and is asked to forgive him.  He then takes an oath, saying that he will not hurt her again.  Of course – stunned, I blurted out, “But what if he does it AGAIN?!”  The translator tried to answer himself saying, “well that doesn’t really happen all that often around here…” but the judge said he would answer and without translation, knew what we were asking.  He said, if it happens again, the husband is jailed for 24 hours and again the wife is brought before her husband and the court to forgive him.  The same oath is taken, and they go home.  Should the issue continue, they will alert higher authorities of the Karen Refugee Committee and often UNHCR is brought in to “resettle” the woman faster.  Reading between the lines, this means that should a woman continue to report domestic violence, she will be removed from the camp and sent away from her family, her friends, her community, her religion, her language, etc. and sent to a foreign place.  What person in their right mind would want that?!

The judge of the Elders

Coming in with social preconditions, it was very difficult to hear some of these issues that women in the camp face today.  Although I scolded myself for being so judgmental in the beginning about the differences in the legal systems (“What do you mean you don’t write the law down?!”), by the end, I was simply silent, internally reflective, and incredibly grateful for the avenues of justice that are available to me as a woman.  Although they are not perfect, I have words to describe what happens when a woman, regardless of age, is forced to have sex without consent and I have remedies to seek for the wrongdoings against acts of violence against women.  

I looked at the judge.  I looked directly into his eyes, confused, upset, angry, and looked for answers.  His face was incredibly wrinkled with age and as he spoke, I watched his beetle-nut stained lips answer our questions.  I respected him for his honest answers, and for taking the time to answer each question with care.  And as I looked up into his eyes, I could see our pain stricken faces and closed gestures were taken to heart by this man.