Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694500143398.pdf (Australia)
SENATE REFERENCES COMMITTEE INQUIRY REGARDING THE ADEQUACY OF CURRENT AUSTRALIAN POLICY SETTINGS AND LEGAL FRAMEWORKS REGARDING DOWRY AND DOWRY ABUSE Submission from Slavery Links Australia Inc.: The aspect of forced marriage and servitude Annex: Submitted 6 November 2018 Annex Forced marriage: community-based programs for cultural change An extract from Section 5 of Australians and Modern Slavery (© Slavery Links Australia Inc) 2011 As submitted in May 2015 to the Joint Standing Committee on Foreign Affairs, Defence and Trade, Human Rights Sub- Committee Inquiry into Human rights issues confronting women and girls in the Indian Ocean – Asia Pacific region What does slave-making in the Indian Ocean - Asia Pacific mean for Australian programs in Australia and overseas From: Slavery Links Australia Inc www.library.slaverylinks.org © Slavery Links 2018 The practice of dowry and the incidence of dowry abuse in AustraliaSubmission 74 - Attachment 1 Australians and modern slavery Roscoe Howell Foreword by The Hon Catherine Branson QC President Australian Human Rights Commission Slavery Links Australia Inc December 2011 The practice of dowry and the incidence of dowry abuse in AustraliaSubmission 74 - Attachment 1 Cover Photo: Girl on road to Battambang, Cambodia Photo: Tim Page.
Used with permission.

National Library of Australia Cataloguing-in-Publication entry Author: Howell, Roscoe Title: Australians and modern slavery / Roscoe Howell ISBN: 978-0-9872596-0-8 (pbk.)
Notes: Includes bibliographical references and index Subjects: Slaves – Emancipation Human rights Liberty Community development Social planning Dewey number: 306.362 Published by Slavery Links Australia Inc, Melbourne 2011 © Roscoe Howell 2009, 2010, 2011 © Slavery Links Aust Inc. Oct. 2010 Cartoons Reg Lynch © 2000 First published as a collection in Bulk Reg (Pluto Press, Annandale, NSW) Editorial assistance Judi Kiraly Nathan Hollier Publication Design Andrew Hateley Permissions Photographs from M. Crozet, P. Deloche, E. Gianotti, A. Kemka and J. Maillard used with permission of the International Labour Organisation (ILO) Photographs from Peter Mentzel’s book Hungry planet used with permission of Australian agent Norma Molloy of Emerald City Images Poster from The Greatest Silence: Rape in the Congo and photograph of Lisa Jackson used with permission from Jackson Films Report ‘Hard boss to please’ by Natalie Sikora and the photograph by Bill McAuley used with permission of the Herald and Weekly Times Limited Report ‘Pennsylvania Judge in ‘Cash for Kids’ Scandal Sentenced to 28 Years’ by David Stout, 11 August, 2011, used with permission of Mary Jacoby of mainjustice.com Other Photo credits: abcscience.net.au: Chris Mburu from ‘A small act’ fairtradefilms.com.au: Chris Payne from Trafficked: The reckoning: Gendercide: King Leopold ll UNICEF: Debt bonded labour.
Ref.

2,0,1020,1048834,00 UNICEF: Mother and daughter in refuge after the genocide in Rwanda.
Ref: 0,1020,104,8860,00 UNICEF: David Turley’s photograph of David Beckham in Sierra Leone UNICEF: Ropger LeMoyne’s photograph of drawings in a child’s exercise book at a UNICEF-assisted transit centre at Bukavu, South Kivu province, DR Congo United Kingdom, Parliament: Child migrants from Britain The practice of dowry and the incidence of dowry abuse in AustraliaSubmission 74 - Attachment 1 Contents Foreword Stop slavery: Says who?

Acknowledgements Introduction 1.

What is Slavery?

2.


Forms of modern-day slavery 3.

How and where Australians might encounter Slavery 4.

Four engines of Slavery 5.

Responding to Slavery at a local or community level 6.

Single-issue programs that have a place in the menu of anti-slavery options 7.

Adjusting to being emancipated 8.

Official attempts to control modern Slavery 9.


Calls to action Appendix: Slavery Links Australia Inc Application for membership List of abbreviations References Index viii 1 11 13 59 85 115 147 171 193 225 233 235 237 239 273 The practice of dowry and the incidence of dowry abuse in AustraliaSubmission 74 - Attachment 1 5.
Responding to slavery at a local or community level 5.3 Programs to counter forced marriage in south Asia We have argued that the engines of slavery facilitate systems of bonded labour and child trading.

What about systems of forced marriage?

Forced marriage is defined in the 1956 Supplementary Convention.
It takes three forms, in which:17 • A woman18 without right to refuse is promised or given in marriage on payment of a consideration in money or in kind • The husband, family or clan of a woman can transfer her to another person for value received or otherwise; or 17 See the precise definitions in text boxes in Section 2.7 and Section 7.4.
Our repetition in those sections and here is deliberate, to encourage readers to discern forced marriage, to differentiate and not conflate with other aspects of the status of women.

• A woman on the death of her husband is liable to be inherited 18 In the UK, experience shows that both men and women can be adversely affected by the forcing of marriage.

(Section 2.7 refers to this.)


19 In countries where there is no social security system or safety net, to have a widow and children cared for by a brother-in-law may seem humane.

However, UNICEF reports: “If the husband dies, even before consummation, the girl is treated as a widow and given in nata to a widower in the family.

Officially she is then his wife, but in fact under the practice of nata she becomes the common property of all the men in the family”.

UNICEF (2001) Op.
UNICEF (2001) Op.

Cit., Page 9 20 UNICEF (2001) Early marriage: Child spouses, Innocenti Digest, Innocenti Research Centre, Florence, Italy by another19 5.3.1 How do the engines of slavery sustain systems of forced marriage?

At the core of forced marriage is the status of a woman as property: a chattel that can be married off by others (see Section 2.7).

Do the engines of slavery play a part?

What roles do poverty and power- lessness play?


UNICEF’s summary Digest20 covers forced marriage and early marriage (where lack of consent amounts to forcing).

UNICEF makes repeated reference to the association between early / forced marriage and poverty (where ‘poverty’ refers to both material want and the exclusion of women from social benefits and services).

Further, early marriage contributes to a cycle of poverty through “the ‘feminization of poverty’ and its resulting impact on children”.
UNICEF also describes systematic disempowerment of girls before marriage, during marriage and in arrangements following separa- tion divorce or widowhood.

Young women and older can be trapped as players in a cycle of disempowerment.

Older women are often excluded from the ‘modernisation’ of thinking that is assumed to come along with the demographic transition.
We are left with a paradox, that older women may support arrangements that continue the oppression of young women through early and forced marriage.

127The practice of dowry and the incidence of dowry abuse in AustraliaSubmission 74 - Attachment 1 Australians and modern slavery What about crime and corruption?

Forced marriage – slavery - is a crime against humanity.

On occasion the law explicitly colludes in sexual forcing of women.
In Algeria, California, Chad, Costa Rica, Lebanon, Libya, Romania and Uruguay, “the law allows a perpe- trator of rape, including statutory rape of a minor, to be excused of his crime if he marries his victim; a judge simply legitimizes the union”.

From the point of view of women and their rights, the law has failed.

The UNICEF Digest points out another failure, in which “the use of law as a means of regulating early marriage is in no way sufficient”.
In these cases, the law excludes women explicitly or in effect: In Cameroon, Jordan, Morocco, Uganda and Yemen “women (are) specifically not granted by law the right to ‘full, free and informed consent’ to their marriage.

But in a large number of coun- tries, these (formal) legal provisions are merely symbolic.” Often a gap is accepted in practice between formal legal requirements and custom.
UNICEF concludes that “the more important practical issue is, therefore, whether or not the idea of consent is socially rated”.

(This is muddy territory, where rights can be upheld or compromised by local customary tribunals.

We re-visit ‘custom’ below, with help from the International Council on Human Rights Policy.)
Finally UNICEF presents evidence that where people and their society are stressed by conflict (arising from war, disaster or epidemic such as HIV AIDS) the incidence of forced marriage may actually increase, apparently as a hopeful or last-ditch attempt to protect girls within a marriage.
The NGO ‘Plan-UK’ reports findings along similar lines: “Disasters and emergencies increase economic pressures on households and many families that would not previ- ously have considered early marriage turn to it as a last resort.
Food insecurity in Kenya has led to the phenomena of ‘famine brides’, drought and conflict in Afghanistan have forced farmers to arrange and receive money for the early marriage of their daughters, and girls in Indonesia, India and Sri Lanka have been pressed into marriages with ‘tsunami widowers’, in many instances doing so to receive state subsidies for marrying and starting a family.

Often, the pressures caused by disasters and humanitarian emer- gencies are not only economic.
Early marriage increased in Indonesia after the 2004 tsunami as families in refugee 128The practice of dowry and the incidence of dowry abuse in AustraliaSubmission 74 - Attachment 1 5.

Responding to slavery at a local or community level camps saw it as the only protection for their daughters from rape and in Sri Lanka, where rates of early marriage are normally relatively low, girls have been married to protect them from recruitment into militia.”21 The costs of conflict are not equally distributed.
Elites tend to capture benefits.

People who belong to excluded groups tend to lose.
In societies “where the lines between customary and formal legal norms are often blurred, leaders and elites are better posi- tioned to leverage plural legal orders to their advantage because of their access to information and authority.” Customary tribunals or tribal councils can diminish human rights in peace time too; and we consider the impact of this below.22 5.3.2 Snapshots of some programs that bring change in the status of women in context of forced marriage Women are not chattels.
Their right to gender equality cannot be set aside or offset by religious practice or cultural tradition.23 The persistence of forced marriage requires one to bring change to the status of women.

The following programs illustrate such change from top-down and bottom up: the programs we describe have formal legal sanction or standing with government (top-down); and they engage families and the community in accepting a form of marriage that respects a woman’s right to consent (bottom-up).
We provide only snapshots because limited evidence-based research and evaluation is available.

Jain and Kurz (2007), reporting for the International Center for Research on Women (ICRW), identified 66 early marriage programs.

However only 8 per cent of these programs involved some research, evaluation or a report on how results were determined.24 Clearly an effort is needed to bring more rigour to research about forced marriage.

In the meantime, the following examples will have to do.
21 Plan (2011) Breaking vows: Early and forced marriage and girls’ education, Plan International, UK, June, Page 9.

Web site: www.

becauseiamagirl.org.


For the report, Go to: http:// reliefweb.int/sites/ reliefweb.int/files/resources/ Full_Report_1483.pdf 22 International Council on Human Rights Policy (2009) When Legal Worlds Overlap: Human Rights, State and Non-State Law (International Council on Human Rights Policy, 48 chemin du Grand-Montfleury, 1290 Versoix, Switzerland) Page 82 23 International Council on Human Rights Policy (2009) Op.

Cit.
Page 34 24 Jain, S. and Kurz, K., (2007) New Insights on Preventing Child Marriage: A Global Analysis of Factors and Programs, Interna- tional Center for Research on Women (ICRW), Washington D.C., reported in Governance and Social Development Research Centre (2010) Help Desk Research Report: Child Marriage, GSD-RC, Page 4-5 Go to: http://www.icrw.org/files/ publications/New-Insights-on- Preventing-Child-Marriage.pdf http://www.gsdrc.org/ docs/open/HD663.pdf 129The practice of dowry and the incidence of dowry abuse in AustraliaSubmission 74 - Attachment 1 Australians and modern slavery Example 1: Marriage, consent and wellbeing in Indonesia and Sri Lanka Where marriages go unregistered, women can more easily be deprived of their rights (powerlessness) in relation to giving consent, parenting of children, property maintenance and access to health services (poverty).
UNICEF reports that: “Programmes to promote birth and marriage registration, via community structures and religious leaders, should be promoted.

In parts of Indonesia, for example, registration of marriage is dependent on evidence that the marriage is neither forced nor polygamous and on attendance at a session on reproduction”.25 Legislative reforms in Sri Lanka make marriage more transparent.
They require “that all marriages be registered and that the consent of both marriage partners be recorded … Moreover, Sri Lankan courts have ruled that specific cases of non-consensual marriages arranged by parents on behalf of their children are invalid.”26 UNICEF reported that average age at marriage in Sri Lanka had risen to 25 years (more education, less poverty).

These provisions promote consent (power).

By creating transpar- ency they may hamper impunity (crime / corruption).
These examples use a direct approach: the law is applied top-down in a way that changes how things happen in local communities.

Moreover specific action in relation to forced marriage is linked to a generalist program for information on (reproductive) health and wellbeing.

The language of health and wellbeing can reduce conflict.
In south Asia the Naari Adaalat customary courts (Example 5 below) re-framed messages against family violence in talk about health consequences; and gradually opposition to family violence increased.

25 Angarita, Ana and OJ Sikes.

‘Review and Analysis of Premarital / Newlywed Education Activities in Mexico, Indonesia and the Philippines’, in UNFPA (1990), Review and Analysis of Premarital / Newlywed Education Activities, The Population Council, 1987.

Cited in UNICEF (2001) Op.


Cit., Page 15 26 Goonesekere, Savitri (1998), Children, Law and Justice.

A South Asian Perspective (UNICEF-ICDC, Sage Publications, New Delhi), Pp 117 & 324.

Cited in UNICEF (2001) Op.

Cit., Page 15 130The practice of dowry and the incidence of dowry abuse in AustraliaSubmission 74 - Attachment 1 5.
Responding to slavery at a local or community level Example 2: Postponing marriage with incentives to value girls more highly In south Asia, parents may be reluctant to raise or educate girls.

Why invest in a girl who will require a dowry and then leave to live with (work for) her husband’s family?

What approach can change the notion that girls are a burden?

Think bursary, endowment or scholarship.
A simple idea has been adopted in Rajasthan, Karnataka and Haryana: Endow a girl soon after birth with an annuity or scholar- ship that can be redeemed at the age of 18, if she is still unmar- ried.27 The World Bank has also taken up the idea, in the Indian state of Haryana.28 The Apni Beta Apna Dhan (Our Daughter Our Wealth) program offers financial incentives “of an immediate cash grant and a long-term savings bond redeemable on the daughter’s 18th birthday provided she is unmarried, with additional bonuses for education”.
A similar program was introduced in Bangladesh in the early 1990s.

“Parents responded to the incentives, partly because they knew that daughters with a better education would marry men who are better providers.”29 Also in Bangladesh a Pathfinder program of stipends for girls (and advocacy meetings with families) had the effect of keeping girls in schools and delaying marriage.30 These programs keep girls alive, keep them at school and postpone early marriage (poverty and powerlessness).
Advocacy promotes local assent and transparency.

Assent may reduce conflict about forms of marriage.

Transparency may reduce crime / corruption.

Do these scholarship programs address forced marriage?

Yes, if we assume that older girls who have a secondary education are better able to negotiate with family or clan.

No, if we remember that British women who have completed tertiary studies have neverthe- less been abducted and trapped into forced marriages in south Asia.
Education of the girl does not necessarily convince a parent that the girl has inalienable rights to choose her marriage partner.

27 Barbara S. Mensch Judith Bruce and Margaret E. Greene, (1999) The Uncharted Passage: Girls’ Adolescence in the Developing World, The Population Council.

Cited in UNICEF (2001) Op.


Cit., Page 15 28 Sinha, N. and Young, J., (2009) Long-Term Financial Incentives and Investment in Daughters: Evidence from Conditional Cash Transfers in North India, World Bank Policy Research Working Paper, No.

4860, World Bank, Washington D.C. Reported in Governance and Social Development Research Centre (2010) Help Desk Research Report: Child Marriage, GSD-RC, Page 9.
For the World Bank report, Go to: http://wwwwds.worldbank.org/ external/default/WDSContent- Server/IW3P/IB/2009/03/09/0 00158349_20090309091453/ Rendered/PDF/WPS4860.pdf 29 Arends-Kuenning, Mary and Sajeda Amin (2000) The Effects of Schooling Incentive Programs on Household Resource Allocation in Bangladesh, Policy Research Division Working Paper No.

133, Population Council, New York, 2000 Cited in UNICEF (2001) Op.
Cit., Page 4 30 Pathfinder International (2006) Raising the Age of Marriage for Young Girls in Bangladesh, (Pathfinder International, Bangladesh) http://www.pathfind.org/site/ DocServer/PF_Bangladesh_ FINAL.pdf?docID=6601 131The practice of dowry and the incidence of dowry abuse in AustraliaSubmission 74 - Attachment 1 Australians and modern slavery Example 3: Empowering young people: Direct action in Bangladesh, Pakistan and Nepal There are anecdotal stories of children in south Asia who discover that a friend is to be married young (poverty, crime) and who seek help from a teacher, union official or civic officer to stop the marriage (power, conflict).
In Bangladesh: “When one group found out that their friend ‘Samina’ was to be married, they went to her family on her wedding day and asked that the wedding be stopped.

When Samina’s father became angry and asked them to leave, rather than give up, the children immediately went to lobby their local union council and took the members down to the wedding venue.

The wedding, already in progress, was interrupted and eventually stopped.
Samina was able to go back to school and is now very happy to be studying at college.

She is very thankful to her friends for stopping the marriage.”31 The children were intrepid.

Their instincts were sound.

Can such bravery be upheld in a systematic way, a way that also encourages officials to act?

The following three projects say ‘Yes’.


UNICEF describes a pilot project in Pakistan32 which “empowers adolescent boy scouts to promote and protect children’s rights, including the girl’s right to education – a key defence against early marriage.

After training, each boy collects data from 10 neigh- bouring households on health, sanitation and the educational status of the children.
In return, they provide each household with infor- mation on various issues, including the importance of education for girls.

They then monitor the progress of each household.” If the pilot project is successful, it is hoped that 10,000 boy scouts will eventu- ally reach 100,000 households and more than 500,000 people.

31 Plan (2011) Op.
31 Plan (2011) Op.

Cit., Page 19 32 Innocenti Insight (2001) Promoting Children’s Participation in Democratic Decision-Making, (Gerison Lansdown, UNICEF Innocenti Research Centre) Cited in UNICEF (2001) Op.

Cit., Page 14 In Nepal, the NGO ‘Care’ trained 1008 peer educators (PEs).
“PEs identify households with children of marriageable age and make regular home visits to these households to provide information as well as to negotiate and convince the parents and all other critical people involved to delay the marriages.
The project has also estab- lished Child Marriage Eradication Committees (CMECs) to help stop child marriages …”.33 33 CARE Nepal (2011) Strategies and Interventions on Preventing Child Marriage, CARE Nepal, Kathmandu Reported in Governance and Social Development Research Centre (2010) Cited in Help Desk Research Report: Child Marriage, GSD-RC, Page 9.

Page 10-11 132The practice of dowry and the incidence of dowry abuse in AustraliaSubmission 74 - Attachment 1 5.
Responding to slavery at a local or community level Boys and men are part of the ‘Plan-UK’ program on early and forced marriage.

“ … we recognise that there is a need to also address its impact on boys and young men.

… it can have profound psychological consequences and is no less a violation of their rights.

Equally, we recognise that boys have a powerful role to play in ending early and forced marriage.
Plan works with boys around the world who have recog- nised the negative impact that the practice is having on their friends, their families and communities, and who have taken action against it.
Far from seeking to marginalise boys in the debate on early and forced marriage, we regard them as important development partners with perspec- tives that should be understood and opinions that should be respected.”34 Example 4: A whole community declares respect for consent In Senegal, west Africa, the peoples of 300 villages declared their respect for consent in marriage (power, crime / corruption).
The villagers had worked with the NGO Tostan, whose “model for peaceful social change is based on the belief that communities them- selves must pursue the process of change from within”.

Tostan‘s Community Empowerment Program used: “... local facilitators to teach community education sessions on issues such as child marriage and female genital cutting (FGC).

Participants pass on their new knowledge through inter-village meetings.
An evaluation of the Tostan model found that the program was able to bring about change in knowledge, attitudes and behaviours in 90 intervention villages, and these were reinforced by a public declaration by approximately 300 villages against child marriage and FGC.”35 Tostan regarded these public declarations as a significant moment in the decision-making process for the community.

There was some actual abandonment of the practice following this demonstration of collective commitment.
Evaluation indicated that there was a slight 34 Plan (2011) Op.

Cit., Page 2 35 Tostan, 2009, Evaluations: The Impact of the Community Empowerment Program, Tostan International, Senegal.

Go to: http://www.tostan.org/data/ files/tostan%20evaluations.pdf 133The practice of dowry and the incidence of dowry abuse in AustraliaSubmission 74 - Attachment 1 Australians and modern slavery reduction in the prevalence of marriage of girls under 15 years old, with a stronger delay for women aged 15-18 years.
It is not clear why younger girls continued to be more vulnerable to early marriage while older girls achieved a delay.

Example 5: Women sitting on customary courts in India Forced marriage is sometimes characterised as a custom or tradi- tional practice where woman and families are trapped by local tradi- tion backed by customary courts.

These courts may have customary jurisdiction over a village, caste or tribe (Shura or Jirga in Pakistan or Afghanistan and Panchayats in India).
On occasion blood curdling stories emerge of women who have received harsh treatment for breaking local customary rules.

In India two constitutional amendments passed in 1993 introduced a mechanism whereby women have been granted seats on customary courts (power), the local, taluka36 and district level decision-making bodies – the panchayats.37 “The Naari Adaalats build on both a caste panchayat struc- ture, and an ideology of gender equality and women’s human rights ...
The courts are run by women for women.

Their style reflects the traditional village panchayat (or council), which is a local dispute resolution mechanism.

All discourse is in the open and flows freely.

The panch (council members) are women, who are usually poor wage- earners and belong for the most part to lower castes with little or no formal education.

… The court offers justice quickly and cheaply in a cultural idiom accessible to all.
The women judges use the language of rights (huq) but extend it to include protection from violence, property rights and rights to sustenance.
They also incorporate symbols of the formal legal system, including ... rubber stamps to portray a sense of authority.” “Rather than associating courts with alien, distant institu- tions that are expensive and corrupt, adaalat have become part of the daily vocabulary of women in Padra, for whom it is an institution that dispenses justice quickly and fairly, in a familiar way.” 36 Taluka refers to the sub-district administrative unit, consisting of around or fewer than 100 villages; 33 per cent of the seats in the panchayats, talukas and at district levels, as well as in urban corporations and municipalities, have to be set aside for women 37 N. Rajaram, N. And Vaishali Zararia (2009) Translating women’s human rights in a globalizing world: The spiral process in reducing gender injustice in Baroda, India, in Global Networks, Vol 9, Issue 4, October, Pp 462 – 484.
The quote is drawn from Pp 468 ff.

134The practice of dowry and the incidence of dowry abuse in AustraliaSubmission 74 - Attachment 1 5.

Responding to slavery at a local or community level Protection from violence (conflict), access to property and to suste- nance (poverty), women adjudicators using a language of rights (power) and discourse that is open and transparent and which chal- lenges impunity (crime / corruption) – the adaalat would seem to have the four engines of slavery covered.
Our conclusion might be not quite so positive if we move from pragmatic thinking to prin- cipled, rights-based thinking.

The International Council on Human Rights Policy (ICHRP) has concerns about non-state tribunals such as the adaalat.
While recognising that state tribunals may have failed to deliver from the point of view of excluded people, ICHRP argues that decentralisation and plural court systems can dilute consideration of human rights, restrict access to justice and undermine the formal court system.38 Further “that current trends to privatise, fragment and decentralise law enlarge the space for local autonomy on one hand, but on the other often aggravate existing inequalities and social exclusion.”39 Inequalities are exacerbated by “a ‘gender blindspot’ and the influence of religious fundamentalisms on standard-setting, (which) have encouraged the emer- gence of approaches that seek to ‘balance’ gender equality against the rights to culture or religious freedom.
This false dichotomy is an analytical trap, notably for women’s human rights.”40 ICHRP considers plural legal orders and their impact on rights, with examples ranging from Guatemala to the Gulf.

It concludes with a framework for analysing the role of state and non-state actors in applying human rights law; an exercise beyond the scope of the present book.

38 International Council on Human Rights Policy (2009) Op.

Cit., Page 78 ff 39 International Council on Human Rights Policy (2009) Op.
Cit., Page 82 40 International Council on Human Rights Policy (2009) Op.

Cit., Page vi 135The practice of dowry and the incidence of dowry abuse in AustraliaSubmission 74 - Attachment 1 Australians and modern slavery 5.3.3 Is current research relevant to the problem of forced marriage?

The above program examples are snapshots.

Few evidence-based studies are available.
Few programs on forced marriage reported research or evaluation or indicated how results were determined.41 For some reason, a lot of energy is being directed to sort-of-related- but-actually-not-slavery issues of adolescent marriage;42 43 44 45 or sexual violence against young women within marriage;46 47 or the contribution of the dowry system to early marriage and or daughter aversion; 48 49 or the problem of patriarchy and crimes that are trig- gered when women are thought to embody family honour;50 51 52 or the supposed role of religion;53 54 or debate about whether ‘tradi- tional’ marriage customs should be construed as a cultural question or an issue of human rights.
55 56 57 43 Jarallah, Rand (2010) Adolescent marriage: Crossroad or status quo?
in UN Chronicle, Vol 47, Issue 4, Pp42 - 44 preference and daughter aversion in rural Tamil Nadu, India in Culture, Health and Sexuality Vol 10, Issue 7, Pp 697 – 708, October 41 Jain, S. and Kurz, K., (2007) New Insights on Preventing Child Marriage: A Global Analysis of Factors and Programs, (Inter- national Center for Research on Women (ICRW), Washington D.C.), reported in Governance and Social Development Research Centre (2010) Help Desk Research Report: Child Marriage, GSD-RC, Page 4-5 Go to: http://www.icrw.org/files/ publications/New-Insights-on- Preventing-Child-Marriage.pdf http://www.gsdrc.org/ docs/open/HD663.pdf 42 Plan (2011) Breaking vows: Early and forced marriage and girls’ education Plan International, UK, June.
Web site: www.becauseia- magirl.org.

For the report, Go to: http:// reliefweb.int/sites/ reliefweb.int/files/resources/ Full_Report_1483.pdf and Brahman practice in relation to early and forced marriage.]

Go to: http://www.volunteeraid- nepal.org/resource/articles/ child-marriage-in-nepal/ 44 UNICEF (2001) Op.

Cit.
45 Raj, Anita et al (2009) Child marriage in India: a tradition with alarming implica- tions in The Lancet Vol 373, Issue 9678, 30 May – 5 June, Pp 1883 – 1889 46 Quattara, Mariam, Sen, Puma and Thomson, Marilyn (1998) Forced marriage, forced sex: the perils of childhood for girls in Gender and Development Vol 6, Issue 3, November 47 Population Council (2004) Forced sexual relations among married young women in developing countries, (Population Council, India Habitat Centre, New Delhi; and World Health organisation), June.
Go to: http://www.popcouncil.org/pdfs/ popsyn/PopulationSynthesis1.pdf 48 Diamond-Smith, Nadia, Luke, Nancy and McGarvey, Stephen (2008) Too many girls, too much dowry: son 49 Shenk, Mary (2007) Dowry and Public Policy in Contemporary India in Human Nature, Vol 18, Issue 3, Pp 242 – 263, September 54 Sardar, Ziauddin (2008) Forced marriages disgrace Islam in New Statesman Vol 137, Issue 4890, Pp 23- -23 50 Epstein, Cynthia Fuchs (2010) Death 55 Baxi, Pratiksha, Rai, Shirin and Ali, by Gender in Dissent, Vol 57, Issue 2, Pp 54—57, Spring 51 McGowan, Jo (2010) Above the Law, Beneath Contempt in Commonweal, Vol 137, Issue 5, Pp 6 – 6, 9th October 52 Raval, Vaishali, Raval, Pratiksha and Raj, Stacey (2010) Damned if they flee, doomed if they don’t: Narratives of runaway adolescent females from rural India in Journal of Family Violence Vol 25, Issue 8, Pp 755 - 764 53 Dhital, Rupa (n.d.) Child marriage in Nepal.
[Includes a guide to Hindu texts Shaheen Sadar (2006) Legacies of common law: ‘crimes of honour’ in India and Pakistan in Third World Quarterly Vol 27, Issue 7, Pp 1239 – 1253, October 56 Reddy, Rupa (2008) Gender, culture and the law: Approaches to ‘honour crimes’ in the UK in Feminist Legal Studies, Vol 16, Issue 3, Pp 305 - 321 57 Razack, Sherene (2004) Imperilled Muslim women, dangerous Muslim men and civilised Europeans: Legal and social responses to forced marriages in Feminist Legal Studies, Vol 12, Issue 2, Pp 129 - 174 136The practice of dowry and the incidence of dowry abuse in AustraliaSubmission 74 - Attachment 1 5.
Responding to slavery at a local or community level Forced marriage is clearly defined in the Supplementary Conven- tion.

The means used to control women have also been defined (Section 1).

Clearly an effort is needed to bring more focus and rigour to research about forced marriage.

5.3.4 Summary: What can we do with these case studies?

The engines of slavery drive systems of slavery.


So far in Section 5 we have considered three of the slave-making systems identified in the 1956 Supplementary Convention.

We considered debt bondage in Section 5.1, child trading in Section 5.2 and forced marriage in Section 5.3.

There is a need for research: not necessarily more research, but more focus on slavery-as-ownership and more rigour about how the means of control (set out in Section 1) do operate.
Child trading is serious and deserves to be assessed for what really happens without being filtered through a prism of western concepts (such as the anti-trafficking protocol).

Forced marriage treats women as chattels and it deserves to be addressed as such without any excuse as to custom or tradition.

One needs to grasp the nettle; and the case studies illustrate that we can do so in a way that enables slaves and former slaves to take a meaningful place in the world.
In the next part of Section 5, we explore how relationships to counter slavery can be developed at community level.

137The practice of dowry and the incidence of dowry abuse in AustraliaSubmission 74 - Attachment 1