Can Femicide Policy Prevent the MMIWG Crisis in Canada?
Should Canada look at its legal systems to address gender-based violence against Indigenous women?
May 5 marked the National Day of Awareness for Missing and Murdered Indigenous Women and Girls (MMIWG) in Canada, also known as Red Dress Day.
The final report of the National Inquiry for Missing and Murdered Indigenous Women and Girls in Canada concluded that the disproportionate rates of violence against Indigenous women are an ongoing genocide. It has documented thousands of cases of missing women and girls across the country, spanning decades.
Indigenous women account for 16% of female homicide victims and 11% of missing women, despite Indigenous people comprising only 4.3% of Canada’s population. According to the Assembly of First Nations, Indigenous women are twice as likely to experience violence from their current or former partner, compared to non-Indigenous Canadians.
Notably, Canada does not have a specific national gender-based violence or femicide policy. Nonetheless, there has been a recent surge in advocacy from various Canadian organizations urging the government and other authorities to acknowledge femicide as a distinct criminal offence, or to address it through dedicated legislation.
Examining global development and femicide approaches is a solid starting point. Could codifying femicide into Canadian law make a difference?
Positioning development in the violence against Indigenous women
Considering Canada is framed as a “developed” country according to international measures, how does development fit into the MMIWG picture?
Violence against Indigenous women is a development problem, as outlined by the United Nations Human Rights OHCHR. Global Indigenous women face exploitation, discrimination, and other human rights violations, with development indicators consistently worse compared to non-Indigenous demographics. This demographic experiences barriers to socio-economic security and safety, apparent in the disproportionate rates of violence.
The final report . . . concluded that the disproportionate rates of violence against Indigenous women are an ongoing genocide
Canada has historically perpetuated the problem via settler colonialism and continues to neglect First Nation, Métis, and Inuit communities by not tackling this violence sooner.
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) articulates that “Indigenous individuals have the rights to life, physical and mental integrity, liberty and security of person.” This promise is not fulfilled in Canada.
Could implementing a national femicide policy as legal protection make a difference? No national strategy like this exists yet. While a femicide policy cannot knock down every barrier, the inclusion of such an action adds a layer of protection that can further support communities.
What is Femicide? Global Femicide Approaches
The term “femicide” was first coined in 1976 by Diana Russell. She defined it as “the murder of women by men motivated by hatred, contempt, pleasure, or a sense of ownership” and “the misogynistic killings of women by men.” The World Health Organization’s understanding is the “intentional murder of women because they are women” and “any killings of women or girls.”
Globally, women and girls face distinct forms of violence, requiring nuanced state responses. However, there is often inadequate legal action against femicide, leading to high levels of impunity for perpetrators.
This problem does not just exist in Canada. There is an ongoing global crisis regarding women disappearing or being killed. Before the COVID-19 pandemic, 243 million women and girls were subjected to physical or sexual violence by an intimate partner within a year. Since the onset of the COVID-19 pandemic, emerging data and frontline reports indicate an increase in all forms of violence against women and girls, with domestic violence being especially pronounced.
Globally, women and girls face distinct forms of violence, requiring nuanced state responses. However, there is often inadequate legal action against femicide, leading to high levels of impunity for perpetrators.
Due to the increasing global attention on this issue, various countries have codified femicide as a crime and passed legislation intending to mitigate it. This strategy can be argued as effective, as it requires lawmakers to acknowledge the seriousness of gender-based violence. For instance, countries in South America have been adopting femicide-framed policy approaches to combat exceptionally high rates of violence against women and perpetrator impunity.
While it is too soon to measure its legal effectiveness, it is a step in the right direction to increase accountability, seek justice, and provide prevention measures. It also ensures law enforcement incorporates a gender analysis into their investigation and prosecution steps.
A femicide legal step could encourage Canada to approach MMIWG with an intersectional framework. This lens examines the overlapping and interdependent forms of discrimination targeting gender, race, and Indigeneity. Implementing femicide as a distinct crime can further allow Indigenous women and girls to reach the safety and security outlined by UNDRIP and OHCHR. The creation of femicide legislation works towards increasing development indicators for Indigenous women and girls, and importantly, codifying their right to life.
Preventing gender-based violence increases social and economic participation and raises human development around human rights
The literature surrounding violence against women in the development sector suggests that gender-based violence limits the efficiency and effectiveness of implementing development projects. Preventing gender-based violence increases social and economic participation and raises human development around human rights, bodily integrity, and freedom of choice.
Many communities across Canada struggle to meet basic living standards, including access to clean water, safe living conditions, and adequate housing. Indigenous women and girls have been advocating to raise these standards, while also fighting for their safety. Reducing the rates of violence through femicide policies could save lives and improve the quality of other development projects across Turtle Island.
But, Is That Enough?
While femicide policies could be a step in the right direction, it is not enough to solve the crisis which requires more research. A multi-faceted problem cannot be solved with a single-factor solution.
The underlying causes must be addressed, and we cannot just treat the surface issues. National laws are crucial for promoting gender equality and ensuring justice for victims. Publicly condemning violence against women can help erode the acceptance of such acts, especially towards marginalized groups like Indigenous women and girls. This empowers everyone to recognize and help women facing the threat of femicide.
What needs to change is societal attitudes towards gender-based violence, which cannot happen overnight. Education, advocacy, and public awareness campaigns can support this. In addition, cross-sector work in health, social services, economic development, justice, and others can, too.
Moving Forward
Femicide legislation could disrupt cycles of abuse and mistreatment that have resulted in the MMIWG crisis. Canada currently lacks national legislation denouncing all forms of violence against women, particularly one that could promote the protection of Indigenous women and girls.
Diana Russell advocated that “you can’t mobilize against something with no name,” speaking true to the necessity of naming “femicide” policy and going beyond the gender-neutral “homicide”.
What needs to change is societal attitudes towards gender-based violence, which cannot happen overnight
Despite alarmingly high figures of violence and Canada’s complicit role, First Nation, Métis, and Inuit communities have consistently displayed collective resilience. Their tireless activism, community engagement, and mobilization efforts continue to seek justice and accountability.
It is time to make change and listen to community voices, giving them control over their futures.
This article was originally written in Fall 2020 for POLS 6730 “Development and Global Justice” through the University of Guelph’s graduate program.
Victoria Caravaggio is a policy analyst, supporting First Nations jurisdiction and sovereignty. She received her Master’s degree in Political Science & International Development at the University of Guelph. She completed her Honours Bachelor’s degree in History & Political Science at McMaster University, Summa Cum Laude. Her research centres on settler colonialism, human rights development, resource extraction, and femicide.
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