Technical Support secretariat/UNSRT

July 2006

UNSRT Mandated Research Questionnaire:

The following Questionnaire concerns the issue of forced-marriages for the preparation of the next annual report of the United Nations Special Rapporteur on Trafficking in persons, Especially Women and Children (UNSRT) to the UN Human Rights Council, according to the Commission on Human Rights Decision 2004/110 and Human Rights Council’s decision 2006/102.

I.            What are the most common forms of Early/Forced Marriages (FM) present in your country? How do the existing governmental policies and legal frameworks in your country differentiate between Arranged and Forced Marriages in your country?

II.            Is Forced Marriage an offence under your national law? How is Forced Marriage defined? Please mention the minimum legal age for marriage (male/female) in your country and the legal consequences for violation of the legal restrictions.

III.            What is the legal framework/practice in your country for addressing and preventing Forced Marriages and their consequential ends (including forced labour, trafficking, etc.)?

IV.            Have instances of Forced Marriages been found in your country or concerning citizens of your country? Please provide available data/statistics disaggregated by age, gender, nationality, ethnicity, religious orientation, education/skills levels, etc. Please also provide details about the nature of the phenomenon and cultural, socio-economic and/or other circumstances surrounding it.

V.            How do the existing policies and practices in your country negotiate between the occurrences of Forced Marriages and relevant ethnic culture (where appropriate) that prefer or accept Arranged Marriages?

[In this context please consider the fact that many communities are known to practice Forced Marriages of their offspring as a way to bring in labour or even sell their children to the highest bidder].

VI.            What legislative, administrative and/or other measures are in place in your country to prevent and combat Forced Marriages? Do your immigration and/or anti-trafficking legislation address the issue of Forced Marriages? Have there been any convictions for Forced Marriages? If yes, please provide relevant details.

VII.            What kind of protection, assistance and avenues for redress are available to the victims of Forced Marriages? Are these measures effective? Do victims avail themselves of available protection, assistance and redress measures? What are the possible obstacles/challenges in this regard? Are special measures in place for children?

Please reorganise the question with the one below:

What is the nature of assistance provided to victims/complainants in relation with cases of Forced Marriages? What resources, support and facilities are currently available (and required) to address the issue of Forced Marriages ((e.g. protection, training and capacity building, material assistance, social services, education and vocational training, etc)? Please narrate briefly.

[Please respond to this question both in terms of national situation as well as in the regional/international contexts].

VIII.            Is there any on-going programme in your country to address the issue of Forced Marriage in your country/organisation? If yes, please briefly narrate the key activities and initiatives?

IX.            What resources and services to address Forced Marriages already exist within your country/organisation?[1] What in your opinion are the main gaps/challenges to address the issue of Forced Marriages?

X.            What mechanisms are in place for identifying and recording Forced Marriage cases? [Identifying/recording/Protection/Remedies/Follow-up, etc.]. What mechanism do you have in place for analysing Forced Marriage trends in your country and their linkages with trafficking/forced labour?

XI.            What in your opinion are the appropriate methodologies, approaches and strategies for addressing the problem of Forced Marriage and trafficking?

XII.            Does your country/organisation have any programmes to reintegrate victims of Forced Marriages into the mainstream society?

XIII.            What regional and/or international cooperation are existing for the protection and repatriation of victims and their subsequent reintegration into society.

XIV.            Does the ethnic community accept the concept of Forced Marriage as being an unaccepted practice? Do they look at the Government initiatives to prevent Forced Marriage as interference to their right to enjoy their traditions and customs?