FORCED MARRIAGE THE NATIONAL ROUNDTABLE ON HUMAN TRAFFICKING AND SLAVERY COMMUNICATION AND AWARENESS WORKING GROUP
Information about forced marriage for agencies, community organisations and service providers
Purpose: The National Roundtable on Human Trafficking and Slavery Communication and Awareness Working Group has developed this document to provide agreed, best-practice information about forced marriage. This information is intended for use by government agencies, community organisations and service providers in documents and materials. This information is designed to be culturally, gender and age appropriate and is part of the Forced Marriage Community Pack. The resources in the Forced Marriage Community Pack are available online at:
This information is not legal advice and is not intended as a general resource for people in, or at risk of, a forced marriage.
FORCED MARRIAGE FORCED MARRIAGE
FORCED MARRIAGE APPENDIX TWO APPENDIX ONE CASE STUDIES c) Ho Contents AND NON-GOVERNMENT PREVENTION ANDASSISTANCE: GUIDEFOR AUSTRALIAN GOVERNMENT a) AUSTRALIA’S RESPONSETO FORCED MARRIAGE UN INFORMATION ABOUT DERSTANDING FORCED MARRIAGE children andyoung people to government child protection services? Case study three Case study two Case study one What can Idoto assist people in,oratriskof, aforced marriage to gethelporadvice? Do Ihave alegal obligationto report suspected cases offorced marriageinvolving How doAustralia’s lawsagainst forced m What otherdomestic legal frameworks are relevant to forced marriage? What isn’tcovered byAustralia’s lawsagainst forced marriage? What iscovered byAustralia’s lawsagainst forced marriage? What isforced marriage? w can Itell ifsomeoneisatriskofforced marriage? b) a) d) c) b) Terminology explained: whatdoescoerced, threatened ordeceived mean? Terminology explained: whatdoesfreely andfully consenting mean? or atriskof, aforced marriageto access? being taken overseas? Referral pathways What kindofsupportservices can theAustralian Federal Police helpaperson in, What safeguards are available to helpprevent achild oryoung person from The Commonwealth State andTerritory laws Compensation for victims offorced marriage Vulnerable witness protections
–Information aboutmeetingwithaperson in,oratriskof, aforced marriage
– Referral pathways FORCED MARRIAGE FOR AGENCIES, COMMUNITY ORGANISATIONS AND SERVICE PROVIDERS AGE Marriage Act1961 NCIES
arriage supportourinternational obligations? 5 FORCED MARRIAGE FORCED
15 13 11 12 11 11 2 3 7 1 7 7 9 8 8 9 5 5 3 2 3 2 6 6 5 6 FORCED MARRIAGE Australia, theterm ‘forced marriage’isused anyone to getmarriedwithouttheirconsent. In emotionally, orpsychologically pressure background is;nobodyisallowed to physically, is, how old they are, orwhattheircommunity matter where somebodylives, whattheirgender acceptable andisacrimeinAustralia. Itdoesn’t Forcing anybodyto getmarriedisnever W Understanding forced marriage 2 hat isforced marriage? • • • • • • Free andfullconsent is: when they marry. The table below explains whatfree andfullconsent means. Freely andfully Terminology explained: This meansthat some people consent cannot valid to give marriagebecause of theirageorintellectual capacity. Free andfullconsent cannot by begiven somebodywhoisunable to understand what they are consenting to. to marry choosing to marrybecause you you are choosing to marrybecause you feel for others. without fear oftheconsequences being able to choosenotto marry yourself, and without fear oftheconsequences for being able to choosenotto marry means andhow itwillaffect your life understand choosing to marrybecause you to marryyour potential spouse choosing to marrybecause you INFORMATION ABOUT ready whatgettingmarried
to marry consenting
FORCED MARRIAGE FOR AGENCIES, COMMUNITY ORGANISATIONS AND SERVICE PROVIDERS means thataperson wants to getmarriedandisable to chooseif, whoand what doesfreely andfully consenting mean? wish want
• • • • • • • • Free andfullconsent isnot:
about theproposed marriage. documentation from you, suchasyour passport, or including blackmailorsomebodywithholding important or otherforms ofsupport are beingwithheld) (for example, your wages, money for everyday thingslike food, culture orcommunity expect of trust orauthoritysuch asyour parents orgrandparents pressure, includingnotwanting to cause shameto your family or held against your will sexual violence coercion against yourself orothers, includingphysical or agreeing to marrybecause you are beingfinancially abused agreeing to marrywhenyou have beentricked ordeceived agreeing to marrybecause ofotherforms ofcoercion, agreeing to marrybecause thatiswhatotherpeople inyour agreeing to marryoutofobedience to somebodyinaposition agreeing to marrybecause ofemotionalorpsychological agreeing to marrybecause you are beingunlawfully detained agreeing to marrybecause ofthethreat oruseofforce or rights andfreedoms. their equalenjoyment andexercise ofhuman capacity. Forced marriagedeprives people of ceremony understanding thenature andeffect of amarriage or deceived because they have been gets marriedwithout to describewhathappenswhensomebody FORCED MARRIAGE FORCED , for reasons includingageormental , orbecause they are freely andfully consenting coerced, threatened incapable of
, FORCED MARRIAGE
Terminology explained: what does coerced, threatened or deceived mean? Coercion means pressuring a person to agree to be married. Some types of coercion are obvious and easy to identify. These types of coercion can include the use of physical or sexual violence or refusing to let somebody leave a particular place or location until they accept the marriage. Other types of coercion are less obvious. These types of coercion can include confiscating important documents like passports, or making a person feel responsible for, or ashamed of, the consequences of not marrying, such as bringing shame on their family. People can also use threats, like blackmail and threats of physical or sexual violence, to force somebody to agree to marriage. Deception means tricking or misleading somebody into getting married by saying or doing things that are incorrect. For example, people might try to make someone to get married by telling them that a wedding ceremony only means that they are engaged or by lying about the reasons for an overseas trip to meet a future husband or wife.
Forced marriage is not limited to any particular The forced marriage offences carry a maximum cultural group, religion or ethnicity, and there penalty of seven years’ imprisonment, or nine years’ are reports of forced marriage from all over imprisonment for an aggravated offence. An offence the world. While men and boys can be victims may be aggravated in several circumstances, of forced marriage, most reported victims are including where the victim is under the age of 18. young women and girls. Forced marriage is If the victim is under the age of 18, and is taken considered a form of gender-based violence. overseas for the purpose of forced marriage, There is little information regarding the extent the maximum penalty increases to 25 years’ of forced marriage in Australia. However, imprisonment. government consultations suggest that forced The crime of forced marriage can apply: marriage in Australia is underreported. Australia’s response to forced marriage sits • to legally recognised marriages, as well within the Australian Government’s strategy to as cultural or religious ceremonies and combat serious forms of exploitation, including registered relationships human trafficking, slavery, and other slavery- A person can be a victim of forced marriage like practices such as servitude and forced even if they are not married in a formal, legal labour. You can find more information about ceremony. To be legally married in Australia forced marriage online at
INFORMATION ABOUT FORCED MARRIAGE FOR AGENCIES, COMMUNITY ORGANISATIONS AND SERVICE PROVIDERS 3 FORCED MARRIAGE to marriagesthat occur (including inAustralia • regardless of theage,gender, orsexual • 4 resident orcorporation. if theoffender isanAustralian citizen, marriages thattake place outside Australia that take place inAustralia, aswell as means thatthey can apply to marriages extended geographical jurisdiction.This Australia’s forced marriage offences have taken overseas to getmarried aswhereget married),aswell aperson is where aperson brought was to to Australia parents are Australian residents. marriage underAustralian lawbecause Kai’s place outside Australia, thisisaforced the marriage.Althoughceremony took by hisparents ifhedoesnotgoaheadwith members andtold thathewillbedisowned attempts to refuse, heisbeaten byfamily woman from hiscommunity. WhenKai parents force himto marryIsabel,ayoung to hiscountry ofbirth.Once Kaiarrives, his with hisparents onafamily holiday overseas his family suspectthatheisgay. Kaitravels Illustrated example sexual orientation. 18 andregardless oftheirgenderor marriage even ifthey are undertheageof A person can beavictimofforced orientation of thevictim recognised underAustralian law. even thoughthemarriageisnotlegally held inAustralia. Thisisaforced marriage to marryhercousin inacultural ceremony high schoolstudent. Herfamily force Sarah Illustrated example INFORMATION ABOUT : Sarah isa14year old : Kaiis16years old and
FORCED MARRIAGE FOR AGENCIES, COMMUNITY ORGANISATIONS AND SERVICE PROVIDERS
to theconduct of any person involved in • and marriagecelebrants family members, planners friends,wedding bringing abouttheforced marriage,including Australian citizen. Australian laweven thoughIslaisnotan Australia. Thisisaforced marriageunder herself, Islaisforced to marryBenjamin in money, passport ormeansofsupporting she willbeunable to return home.Withno that unless sheagrees to marryBenjamin parents confiscate herpassport andtell her to Benjamin,amanshehasnever met.Isla’s parents inform herthatsheisto bemarried holiday. Whenthey reach Australia, Isla’s travel withthemto Australia onanoverseas day, Islaistold byherparents thatshe will and lives overseas inanothercountry. One Illustrated example to enter into aforced marriage. under Australian lawofcausing somebody forced to marryOmar, shemay beguilty it was quite possible thatRuthwould be organised theceremony despite thinking Ruth isforced to marryOmar. Because Mia already beenpaidfor. Duringtheceremony, organising theceremony because ithas marry Omar. However, Miagoesaheadwith significant riskthatshewillbeforced to about Ruthbecause shethinks there isa Mia to seeRuthatall.Miaisworried the ceremony, Ruth’s family donotallow marry thisman.While Miaisorganising friend, andthatRuthdoesnotwant to make hermarryOmar, amucholder family Mia hasheard thatRuth’s family want to wedding ceremony for hercousin, Ruth. I to marry. may contribute to somebodybeingforced reckless aboutwhethertheiractions criminalise theconduct ofanybodywhois Australia’s forced marriageoffences llustrated example : Islaisateenage girl : Miaorganises a
FORCED MARRIAGE
What isn’t covered by Australia’s laws What other domestic legal frameworks against forced marriage? are relevant to forced marriage?
The crime of forced marriage does not include: a) The Commonwealth Marriage Act 1961 • arranged marriages – while an arranged In addition to the forced marriage offences in marriage involves the introduction of the Criminal Code, Australia also has other potential spouses through the involvement legislation relevant to forced marriage. The of a third party or family member, it requires Commonwealth Marriage Act 1961 includes the consent of both parties, who can agree provisions whereby a marriage may be void if or refuse to marry. Arranged marriages are the consent of a party was not real, or if a party legal in Australia. was not of marriageable age. The Marriage Act Illustrated example: Stephen is 18 and wants to permits a marriage where one person is aged get married. His aunt is in charge of organising between 16 and 18 years of age, where there is his marriage, including by selecting his new wife, both the required consent (usually parental) and Priya. Stephen and Priya think carefully before an Australian court order is in force from a judge both deciding that they would like to marry each or magistrate authorising the marriage. It is other. No one tries to make Stephen or Priya illegal for any person under the age of 16, or two marry and there are no negative consequences people under the age of 18, to marry. for them if they decide not to marry. b) Vulnerable witness protections • sham marriages – a sham marriage is a Australia’s response to forced marriage is fake marriage willingly entered into by both complemented by federal legislation to protect parties for fraudulent purposes. vulnerable witnesses and victims giving evidence Illustrated example: Emannuel and Maria are in Commonwealth criminal proceedings, not in a genuine relationship but decide to enter including victims of forced marriage. Protections into a sham marriage for immigration purposes. available under the Commonwealth Crimes By marrying Emannuel, Maria is able to apply for Act 1914 include the ability to give evidence by a more favourable visa status. closed-circuit television, video recording or video link, and to have a support person accompany • servile marriage (where a person is sold or the witness when giving evidence. The Crimes inherited), or circumstances where a spouse Act also makes it an offence to publish material is treated like a possession, including through identifying a victim of specified crimes, ongoing exploitation within the relationship. including forced marriage. The protections These are also serious exploitative practices apply automatically to victims of human condemned by the Australian Government, trafficking, slavery and slavery-like offences, but are separate crimes. including forced marriage, in recognition of the Illustrated example (inheritance): Zhang is married extreme forms of trauma and exploitation they to Peter. When Peter dies, Zhang is inherited by may have experienced. All individual victims Peter’s brother who marries her in accordance of Commonwealth offences, including forced with the cultural practices of their community. marriage, are also able to make a victim impact statement, outlining to the Court the harm they Illustrated example (exploitation within a have experienced as a result of the offence. marriage): After her marriage to Dmitry, Angela is subjected to verbal and physical abuse and forced to undertake menial labour in her home by Dmitry and his extended family. If Angela does not complete her tasks effectively she is refused food and water. This exploitation continues for an extended period of time.
INFORMATION ABOUT FORCED MARRIAGE FOR AGENCIES, COMMUNITY ORGANISATIONS AND SERVICE PROVIDERS 5 FORCED MARRIAGE FORCED MARRIAGE Centres can befound at Further information onCommunityLegal possible pathways for financialcompensation. forced marriageto obtain legal advice about of theoffence. Itisimportant for anyvictimof or anyexpense incurred, bythevictimreason make reparation to avictimfor anyloss suffered, person convicted ofaCommonwealth offence to 21B oftheCrimesAct,Courtmay order a Commonwealth forced marriagemay alsobemadeunder the marriage. Reparation orders for victimsof These schemesmay apply to victimsofforced provided byeachAustralian State andTerritory. the experiences ofvictimscrimeare generally schemes for financialpayments that recognise Under Australia’s domestic legal system, c) 6 each spouse. entered into withthefree andfullconsent of forced marriageandensure thatmarriagesare international obligationsto prevent andaddress forced marriageisconsistent withAustralia’s equality asahumanbeing.Criminalising is central to theirlife andtheir dignityand A person’s rightto choosewhether to marry international obligations? forced marriagesupportour How doAustralia’s laws against the specificcircumstances ofeachcase. jurisdiction andtheirapplicability willdependon violence orders. Theselawsare different ineach civil protections suchasdomestic orfamily to marry. Victimsmay alsobeable to access apply to situationswhere somebodyisforced domestic orfamily violence offences, may child abuse,assault, sexual assault and Some State andTerritory legislation, including d) Compensation for victimsof State andTerritory laws forced marriage INFORMATION ABOUT Crimes Act1914
FORCED MARRIAGE FOR AGENCIES, COMMUNITY ORGANISATIONS AND SERVICE PROVIDERS . UnderSection
. • • • • relevant to forced marriage: The following international instruments are • • • • the the the the the the the the full consent oftheintending spouses shall beentered into withoutthefree and Political Rights family oranyotherperson orgroup money orinkindto herparents, guardian, marriage onpayment ofaconsideration in right to refuse, ispromised orgiven in or practice whereby awoman, withoutthe Abolition of Slavery the intending spouses into only withthefree andfullconsent of provides thatmarriageshallbeentered for thevalidity ofamarriage. provides thatfree consent isarequirement Recognition of theValidity of Marriages and from allforms ofviolence andexploitation, provides thatchildren are to beprotected right to marriageandchoice ofspouse Forms of Racial Discrimination official registry compulsory’ to make theregistration ofmarriagesinan specify aminimumagefor marriageand including legislation, shallbetaken to no legal effect, and allnecessary action, and themarriageofachild shallhave relations andprovides thatthe‘betrothal matters relating to marriageandfamily discrimination against women inall requires States Parties to eliminate Forms of Discrimination Against Women consent oftheintending spouses marriage must beentered into withthefree Rights andCultural Social International Covenant onEconomic, International CovenantonCiviland Universal onHumanRights Declaration Supplementary Convention onthe Supplementary Hague ConventiononCelebration and Convention ontheRights of theChild Convention ontheElimination of All Convention ontheElimination of All provides thatnomarriage prohibits anyinstitution states that protects the
FORCED MARRIAGE
Prevention and assistance: guide for Australian government and non-government agencies
How can I tell if someone is at risk of It can be difficult to identify the signs of forced forced marriage? marriage and you should always seek help and advice as soon as possible. It is important that If someone you know is in, or at risk of, a forced you always act in the best interests of the person marriage, they might find it hard to tell you in, or at risk of, a forced marriage, including by about their situation. However, if you notice being mindful of their safety as well as your own. some of the following signs, this could mean If you plan to meet with a person in, or at risk of, a that a person is in a forced marriage, or at risk forced marriage it is important that you read and of being made to enter into a forced marriage: understand the information in Appendix One. • a sudden announcement that the person is engaged Do I have a legal obligation to report • the person’s older brothers or sisters suspected cases of forced marriage stopped going to school or were involving children and young people to married early government child protection services? • the person’s family have a lot of control If you have a reasonable suspicion that a over the person’s life which doesn’t seem child or young person is at risk of physical, normal or necessary (e.g. the person is sexual or emotional abuse, it is important never allowed out or always has to have that you seek help. Under State and Territory somebody else from the family with them) legislation, certain groups of people have a legal obligation to report suspected cases • the person displays signs of depression, of child abuse and neglect to government self-harming, social isolation and authorities. Every Australian State and Territory substance abuse has enacted mandatory reporting laws, but • the person seems scared or nervous about these laws are different in each jurisdiction. an upcoming family holiday overseas As well as differences describing who is a • the person spends a long time away from mandated reporter across jurisdictions, there school, university or work are differences in the types of abuse and neglect which must be reported. It is important that • the person often doesn’t come to, or you are familiar with the mandatory reporting suddenly withdraws from, school, university requirements for child abuse and neglect in your or work State or Territory. Information about mandatory • the person does not have control over reporting requirements is available from the their income Government departments concerned with children and families in your State or Territory. • the person is unable to make significant If you do not have a legal obligation to report, decisions about their future, including you can still contact My Blue Sky or the without consultation or agreement from Australian Federal Police (AFP) if you suspect their parents, and/or someone is in, or at risk of, forced marriage. • there is evidence of family disputes or conflict, domestic violence, abuse or running away from home.
INFORMATION ABOUT FORCED MARRIAGE FOR AGENCIES, COMMUNITY ORGANISATIONS AND SERVICE PROVIDERS 7 FORCED MARRIAGE • • • marriage to: can helpaperson in,oratriskof, aforced trained to dealwiththese situations.TheAFP at riskofaforced marriageandare specially responsible for protecting people whoare inor or atriskof, aforced marriage.TheAFPare The AFPcan alsoassist people whoare in, 0481 070844. [email protected] message. You can alsogethelpbyemailing 9am and5pm,withanoutofhours recorded Sky marriage helpline,on0295148115.The is available from confidential legal advice aboutforced marriage, Preliminary assistance, includingfree, general community. frontline responders, service providers andthe support services, aswell asusefulresources for marriage withimportant information andlinks to org.au> The immediately. In anemergency, call Triple Zero (000) get helporadvice? or atriskof, aforced marriageto What can Idoto assist people in, 8 The Terminology explained: wishes. of achild needto beconsidered, actingin their be madebasedonanumber offactors, especially theirultimate safety andwellbeing. Althoughtheviews helplineoperates Monday to Friday between MyBlueSky legal advice andcounselling. safe accommodation, financialsupport, access specialsupportservices including to getmarried,and make sure thatthey won’t betaken overseas stay safe best interests INFORMATION ABOUT provides people in,oratriskof, forced website My BlueSky of achild isalegal term andmeansthatanydecisionaboutthe welfare ofachild must , orsendinganSMSto FORCED MARRIAGE FOR AGENCIES, COMMUNITY ORGANISATIONS AND SERVICE PROVIDERS , thenationalforced what doesbest interests mean? My Blue best interests Consulate for helporcontact the24hour contact thenearest Australian Embassy/ If theperson isalready overseas, they can via theirwebsite: Stoppers viatelephone on1800333000oronline marriage can bereported anonymously to Crime Information onpeople in,oratriskof, forced computer orphoneto contact theAFP. it isimportant thatyou helpthemto useasafe the person in,oratriskof, aforced marriage, by calling 131AFP(131237).For thesafety of • • • that theCourtisable to: that achild cannot betaken overseas. Thismeans Federal Circuit Courtcan make orders to ensure against thelawinAustralia andtheAustralian taken overseas to beforcibly married.Thisis Sometimes, children and young people can be a) +61 262613305orbySMSon421269080. Consular Emergency Centre inCanberra on au/online_forms/human_trafficking_form> on theAFPwebsite: an onlineform onthehumantrafficking page You can refer amatter to theAFPby fillingout the AFPwillalways actintheir the person isachild (younger than18years old), to assist withaninvestigation orprosecution. If of, aforced marriageeven ifthey donotwant The may sometimes involve going against their What safeguards are available to help being taken overseas? prevent achild or young person from AFP Airport Watch Lis Australia and place thechild’s nameonthe court, and accompanying adult’s passport to the restrain theremoval ofachild from require aperson to deliver achild or prevent apassport beingissued for achild are able to helppeople in,or or . . FORCED MARRIAGE If you are concerned that a child may be taken c) Referral pathways overseas to be forcibly married it is important that As with all other forms of serious exploitation, the you contact the AFP for assistance. You can also AFP is the appropriate first point of referral for seek legal advice about making an application forced marriage cases. However, some specialist to the Australian Federal Circuit Court from a non-government organisations may also be qualified community legal centre. You can find able to provide advice and assistance to people information about the types of legal services in, or at risk of, forced marriage. A list of these available from community legal centres in your organisations is at Appendix Two. area at b) What kind of support services can Prevention and assistance: Working the Australian Federal Police help a safely and ethically with people in, or person in, or at risk of, a forced at risk of, forced marriage marriage to access? The Guidelines for NGOs: Working with trafficked The AFP can refer people in, or at risk of, forced people are an important resource that promote marriage to the Australian Government’s Support the best interests of trafficked people including by for Trafficked People Program. The Support emphasising the importance of informed consent, Program provides individual case management privacy protection and culturally appropriate support, including assistance to access suitable services. They provide practical advice to NGOs accommodation that meets safety and security dealing with victims of human trafficking, slavery requirements, financial support, medical and slavery-like practices, including forced treatment, counselling, access to legal and marriage. migration advice, appropriate skills development The guidelines establish 10 principles for working training, including English language and safely and ethically with trafficked people, vocational guidance, and social support. If the including those in, or at risk of, forced marriage. person referred to the Support Program is a child, These principles are set out below. A full version he or she would also be referred to the relevant of the guidelines is available to download on State or Territory child protection authority for the Attorney-General’s Department website at: appropriate assistance. Information about the INFORMATION ABOUT FORCED MARRIAGE FOR AGENCIES, COMMUNITY ORGANISATIONS AND SERVICE PROVIDERS 9 FORCED MARRIAGE FORCED MARRIAGE that are appropriate for theperson’s age,sex, forced marriage.Know how to provide services People from diverse backgrounds may experience 6. all records secure. people in,oratriskof, forced marriage, andkeep Know therisks ofrecording information about information for thepurposesyou collected it. provide services to theperson. Only usepersonal 3). Only collect information thatisnecessary to with thatperson’s informed consent (seePrinciple risk of, forced marriageshould only bedisclosed Generally, information aboutaperson in,orat 5. providing information regarding thelegal process. done whenseekinginformed consent andwhen preferred language. Inparticular, thisshould be interpreters orprovide information inaperson’s consider whetheryou needto useaccredited can helpthemassoonpossible. Ifnecessary, about theirrights, entitlements, andservices that Visa Framework. Always give people information Trafficked People Program andHumanTrafficking access to theAustralia Government’s Supportfor such asfinancialassistance, compensation, and well asservices thatmay beavailable to them of people in,oratriskof, forced marriage,as Be aware ofthelegal rights andentitlements 4. may apply inyour State orTerritory. reporting obligationsinrelation to children that their best interests. Beaware ofanymandatory seek andlisten to theirwishes,butalways actin Consider achild’s ageandrelative maturity, they may notbeable to provide informed consent. need to make adecision.Iftheperson isachild, and considering allthefacts andinformation they (which may includedoingnothing)after receiving when aperson freely agrees to acourse ofaction need theirinformed consent. Informed consent is To provide advice oractonsomeone’s behalf, you 3. whether information andservices provided are and linguistically diverse background, consider has adisability. Iftheperson isfrom aculturally gender, culture, andare appropriate iftheperson 10 the individual Provide services thatare appropriate for Protect privacy andconfidentiality Provide appropriate referrals Obtain informed consent INFORMATION ABOUT FORCED MARRIAGE FOR AGENCIES, COMMUNITY ORGANISATIONS AND SERVICE PROVIDERS 9. legal advice. not take anyfurtheractionuntilyou have received marriage thatasubpoenahasbeenserved. Do away. Tell theperson in,oratriskof, forced court andgive evidence) getlegal advice straight order to produce documents and/orto attend If served withasubpoena(anenforceable court 8. forced marriage. and ethical services to people in,oratriskof, Train staff andvolunteers onhow to provide safe Do notpromise helpyou cannot deliver. 7. whether anaccredited interpreter isrequired. culturally appropriate andinclusive, including and unlawfulinterference with that right. obligation to protect thechild from thearbitrary children have therightto privacy andthere isan mandatory reporting requirements, notingthat Organisations should beaware ofrelevant all decisionsoractionsthataffect thechild. the child should beaprimaryconsideration in to thosewhoare adults. Thebest interests of means thatthey may require additionalsupports and theirincreased vulnerability to exploitation, in, oratriskof, forced marriagewhoare children, psychosocial harmthatmay besuffered bypeople The particularphysical, psychological and 10. about thecase. person should nottalk withanyotherwitnesses courtroom. After leaving thecourt, you andthe or magistrate, they should notremain inthe given evidence andbeenexcused bythejudge they are givingevidence. After theperson has may suggest thatyou are coaching themwhen are to beawitness, or behave inanyway which court, donotdiscuss thecase withthemifthey person whohasexperienced forced marriageto about court proceedings. Ifyour accompany a Prosecutions (CDPP)provides advice to witnesses The Commonwealth Director ofPublic and otherrequests for information of children court proceedings Know how to support witnesses in Know how to respond to subpoenas Provide professional andethical services Recognise theparticularneeds FORCED MARRIAGE Case studies Case study one • Ayla is a 17 year old high school student in Australia. Ayla’s teacher notices that Ayla seems depressed and has taken a lot of time off school for overseas travel. Her teacher also observes that Ayla’s family seem to be very strict and controlling. Ayla always has someone with her outside school hours and the teacher has heard from Ayla’s classmates that she isn’t allowed to go out with friends without a family member going with her. • When the teacher asks Ayla if she is okay, Ayla says that her parents took her to visit relatives overseas. When they arrived, her parents told Ayla that she would only be able to go back to Australia if she agreed to marry her cousin, who she had never met. With no passport or money, Ayla was forced to marry her cousin overseas so that she could return to Australia. Ayla’s parents have also told her that, when she turns 18, she will have to sign migration papers for her cousin so that he can come to Australia to live with her. • Ayla tells her teacher that she feels like a slave and never wanted to marry her cousin. Ayla says that she feels trapped and is scared about what might happen if she tries to leave. Ayla asks her teacher for help. • Ayla’s teacher contacts the AFP for help. Although Ayla does not want her parents or ‘husband’ to be prosecuted, the AFP are able to help her access support, including safe accommodation, financial support, legal advice and counselling. As a result of this assistance, Ayla is able to work towards establishing the future she wants for herself. Case study two • Lucas is 17 years old and lives in Australia. While in high school, Lucas begins a secret relationship with a girl from outside his community. • When Lucas’ parents discover his relationship they become very angry. Lucas’ parents tell him that he has dishonoured his family and forbid him from seeing the young woman again. • Shortly afterwards, Lucas is told by his parents that they have arranged for him to marry another young woman named Joana, who they believe is better suited for him and belongs to his community group. Lucas is told that if he refuses to marry the young woman his parents have chosen, he will be disowned by his family. • Although Lucas is not old enough to marry legally in Australia, his parents tell him his age does not matter because they will organise a religious marriage. • Lucas does not know what to do. Although he does not want to marry the woman his parents have chosen, he also does not want to disgrace his family or to lose them. Lucas feels that he must also respect his parents’ authority. INFORMATION ABOUT FORCED MARRIAGE FOR AGENCIES, COMMUNITY ORGANISATIONS AND SERVICE PROVIDERS 11 FORCED MARRIAGE 12 • • • • • • • Case study three Lucas’s parents disagree withhiswishto have arelationship withagirlfrom outside his • Withthehelpoflawyer, Lucas contacts theAFPbutdecidesthathedoesnotneedanyhelp • Alawyer from • Lucas decidesnotto askhisfriendsorcommunity leaders for helpbecause hefeels ashamed • and herhusbandfather are prosecuted. Nikhila thenreturns to schooland,withherteachers’ help,isable to finishherschoolyear. support whichassists herto return to live withothermembers ofherfamily, where shefeels safe. support includingfinancialsupport,legal advice andcounselling. TheAFPalsorefer Nikhilato someone from hercommunity andisworried abouthersafety. TheAFPhelpNikhilato access from theAFP. concerned aboutNikhila’s welfare. they notice thatNikhila’s motherseemsupset.Nikhila’s boyfriend andfriendsare alsovery and herfamily tells theschoolthatNikhilahasmoved interstate. that shehasdisplayed increasingly highlevels ofanxiety. Nikhila’s community. grades andhasjust begunarelationship withamale student. This young manisfrom outside The AFP investigate Nikhila’sinvestigate forcedAFP The marriage.Nikhilachoosesto cooperate withtheinvestigation The AFPare able to locate Nikhilainterstate anddiscover thatshehasbeenmadeto marry Nikhila’s teachers have received training aboutforced marriagefrom anNGO andseekadvice The teachers speakwith Nikhila’s father, whodoesnotseemto beconcerned. However, After theterm break, Nikhiladoesnotreturn to school.Herfriendsare unable to contact her During theyear, Nikhila’s teachers notice thatheracademic performance hasdeteriorated and Nikhila isastudent inherfinalyear ofhighschool.Sheusually receives excellent authority, they cannot make himgetmarried. at thisstage. Instead, Lucas talks to hisparents andexplains thatalthoughherespects their can helphimto access supportservices like counselling andsafe accommodation. Australia isagainst thelaw. Thelawyer alsotells Lucas thattheAustralian Federal Police (AFP) Instead, heanonymously contacts about thesituation.Lucas isalsoworried thatifheasks for helphisparents willfindout. against hiswill. the topic withLucas, hisparents recognise thatLucas cannot beforced to marrysomeone community. Lucas tells themthatforced marriage isacrimeinAustralia. After discussing INFORMATION ABOUT My BlueSky FORCED MARRIAGE FOR AGENCIES, COMMUNITY ORGANISATIONS AND SERVICE PROVIDERS explains to Lucas bySMSthatforcing somebodyto bemarriedin My BlueSky bySMSto askfor advice. FORCED MARRIAGE Appendix One – Information about meeting with a person in, or at risk of, a forced marriage The most important consideration at all times is your safety and the safety of the person you are meeting. DO Read the information available online at: Consider if you need to contact My Blue Sky or the Australian Federal Police (AFP) for specialist assistance and advice. Read the information available in the Guidelines for NGOs: Working with trafficked people, available online at: Meet with the person alone in a secure and private place where they will not be recognised and will feel comfortable and safe. • Where possible, ensure that the person is able to choose the gender and ethnicity of the person who meets with them. Consider if an accredited interpreter will be required. If so, consider what gender and ethnicity is appropriate. • Ensure that the interpreter and client do not know each other. You also need to carefully check that the interpreter does not have any links to the client’s community. Remember that these links may not always be obvious. Explain your organisation’s confidentiality policy and make it clear that you will not give any information to the person’s friends, family or community without their permission except in particular circumstances, including due to mandatory reporting requirements. Ensure you are very clear about the types of situations in which you will have to share information about the person (for example, if their safety is at immediate risk). • Ensure that you are familiar with relevant child protection frameworks and mandatory reporting guidelines, which will provide guidance for acting in a child’s best interests. • Ensure that you always inform the person if information about them is shared. • Ensure that you are familiar with and understand the requirements about privacy and sharing information that apply in Australia. • Obtain written consent to release the person’s information, specifying what can be shared, with whom and for what period of time. Let the person know that forced marriage is a crime and that they can contact My Blue Sky or the AFP for help. Contact with both My Blue Sky and the AFP can be anonymous. INFORMATION ABOUT FORCED MARRIAGE FOR AGENCIES, COMMUNITY ORGANISATIONS AND SERVICE PROVIDERS 13 FORCED MARRIAGE DO NOT 14 Establish iftheperson isanAustralian citizenorresident. Establish ifthere are anyotherpeople atrisk(for example othersiblings). Establish iftheperson requires anyimmediate medical treatment, ormental andemotionalsupport. Clearly explain allpossible optionsto the person andrecognise andaccept theirwishes. Never ignore ordisregard theinformation theperson provides (even ifthey are achild). with you again. Attempt to gatherasmuchinformation aspossible astheperson may beunable to meetdirectly Give advice thatyou are notqualifiedto provide, inparticularlegal ormigration advice. Make promises thatyou are unable to keep. an interpreter. Use anyone from thecommunity (includingfriends,neighbours orcommunity leaders) as Allow family members to bepresent atmeetings. Speak to orapproach theperson ifthey are inthecompany ofpeople you donotknow andtrust. Attempt to contact family orcommunity members withouttheexpress permission oftheperson. the situation. Attempt to setupameetingwiththeperson andtheirfamily orcommunity members to discuss marriage. Detailed information isavailable atAppendixTwo. organisations whoare able to provide specialist assistance andsupportto people in,oratriskof, aforced Understand theappropriate referral pathways, includingthenamesandcontact details ofappropriate • immigration status. registered migration agentortheDepartmentofImmigration andBorder Protection abouttheir If theperson isnotanAustralian citizenorpermanentresident they should seekadvice from a INFORMATION ABOUT FORCED MARRIAGE FOR AGENCIES, COMMUNITY ORGANISATIONS AND SERVICE PROVIDERS FORCED MARRIAGE Appendix Two – Referral pathways In addition to the Australian Federal Police Australian Muslim Women’s Centre (AFP), the following specialist non-government for Human Rights (AMWCHR) organisations may also be able to provide advice and assistance to people in, or at risk The AMWCHR is based in Melbourne and works of, forced marriage. to advance the rights and status of Muslim women in Australia. The AMWCHR provides case work, referrals, secondary consultation and My Blue Sky outreach services for people in, or at risk of, a Call: (02) 9514 8115 forced marriage. SMS: 0481 070 844 Phone: 03 9481 3000 Email: [email protected] Website: 1800 RESPECT (1800 737 732): The The Australian Red Cross is a humanitarian National Sexual Assault, Domestic & organisation dedicated to meeting the needs of Family Violence Counselling Service vulnerable people in the community. The National Sexual Assault, Domestic & Family Email: [email protected] Violence Counselling Service is a confidential Website: INFORMATION ABOUT FORCED MARRIAGE FOR AGENCIES, COMMUNITY ORGANISATIONS AND SERVICE PROVIDERS 15 FORCED MARRIAGE contacted on131450 The Translating andInterpreting Service can be Translation services Email: Phone: 1300352000 The Family LawCourts NationalEnquiryCentre Family lawinformation 1 6 [email protected] INFORMATION ABOUT FORCED MARRIAGE FOR AGENCIES, COMMUNITY ORGANISATIONS AND SERVICE PROVIDERS FORCED MARRIAGE FORCED