While much of the criticism of the Harper government’s Zero Tolerance for Barbaric Cultural Practices Act has been directed at its boldly overwrought title, legal and cultural experts today weighed in with warnings about its content.
While the intention of the bill was to protect young women from forced marriages, witnesses told the Senate human rights committee that by criminalizing it, the law would isolate girls and prevent them from getting help. They also argued that sections of the bill need to be scrapped and more focus should be put on providing resources for young girls in forced marriages and women in polygamous marriages.
“Prevention, not prohibition,” exhorted Deepa Mattoo, Acting Executive Director of the South Asian Legal Clinic of Ontario.
Mattoo argued that there is existing law that can be applied to forced marriage situations such as assault, kidnapping and duress statutes and that instead of jumping the gun on criminalizing forced marriage, more research and education needs to be done.
“How is it reasonable to expect a sixteen year old, high school student, who does not understand how to navigate the justice system, to fight against her own parents?” asked Butt.
Mattoo said there exists some protection that young women can take advantage of, but public education is lacking. For example if a young woman contacts the clinic because she suspects that her family vacation may lead to a forced marriage, she can contact the Department of Foreign Affairs and Trade Development so she can be monitored.
The other issue to keep in mind is that this law deals with young women, who are under the protection of their parents.
She said in her experience women who come forward seeking help don’t necessarily want to have to go to court against their parents. Eighty per cent of her clients reunite with their families in some way.
“They do not want their families to be criminalized,” said Mattoo.
Dr Naila Butt, executive director of the Social Services Network, which provides services to the South Asian community in York region, agrees.
“How is it reasonable to expect a sixteen year old, high school student, who does not understand how to navigate the justice system, to fight against her own parents?” asked Butt.
Butt said that criminalizing forced marriage without institutional support for victims, “would only further alienate and harm those facing forced marriage and gender-based violence. With the added insult of being stigmatized that they come from barbaric cultures.”
“Criminalization is the easy part,” said Butt. “The hard work is basically getting people to sit down, work together and address the issue.”
Butt said there have been pilot projects done by the federal government to support South Asian communities as well as women and girls. And that this work needs to continue. Butt said it’s important to engage men, foster education, train service providers, engage schools and police services and disseminate public awareness campaigns.
“Criminalization is the easy part,” said Butt. “The hard work is basically getting people to sit down, work together and address the issue.”
The bill amends sections of The Refugee and Immigration Protection Act, The Civil Marriage Act and The Criminal Code. It includes provisions that make individuals who practice polygamy inadmissible to Canada, would limit the defence of provocation in murder cases and would criminalize those involved in forced marriages.
Re-published with permission.
