Report Launch | Time to UnMute: Understanding Forced Marriage in Hong Kong

The Zubin Foundation

Rabia Siddiqi

Improving the lives of Hong Kong’s ethnic minorities by reducing suffering and providing opportunities

Ethnic Minority Well-Being Centre

Time to UnMute Understanding Forced Marriage in Hong Kong

Agenda

Introduction

Shalini Mahtani, Founder and CEO, The Zubin Foundation

Findings

Sala Sihombing, Author of The Zubin Foundation’s Understanding Forced Marriage in Hong Kong Report

Scan to read the full report in English

Panel Discussion:

Where is Hong Kong on Forced Marriage and What Should We Do?

10.40 am

End of programme

Scan to read the Executive Summary in Chinese

Time to UnMute

The Zubin Foundation's Work on Forced Marriage

2018

First Case at The Zubin Foundation

2019 Dreams of Pakistani Children

2021 Chief Imam says consent of women is required for marriage in Islam

2024 Understanding Forced Marriage in Hong Kong

Sala Sihombing

Author of the report

Forced Marriage Myths

Forced Marriage means only physical violence

Forced Marriage only happens to girls

Forced Marriage is the same as arranged marriage

Forced Marriage only happens in South Asian communities

Forced Marriage doesn’t happen in Hong Kong

Forced Marriage is an event

Forced Marriage is condoned by religion

Characteristics of the Interviewees

17 women were invited to participate

All educated in Hong Kong

7 women born in Hong Kong

4 women came to Hong Kong as children

11 women were interviewed

10 Pakistani ethnic minority and 10 active / completed tertiary education

8 felt pressured to marry and 8 asked for a delay

6 felt forced to marry and 6 were emotionally abused

5 were engaged as children

2 were physically abused and 2 were married as children

Family Characteristics

“It’s about the system they created, and they wanted us to grow up in the system they created. I do think they were very afraid that the biggest reason is because [children] will go out of control but some people have hopes and dreams…. We were like no, we want to get out of poverty, and we wanted to create a different lifestyle and we wanted to give our parents a better life that we had…even today we still hope to bring them out of that whole poverty lifestyle

“

It is usual in our country that men wouldn’t agree with girls studying. It is very unusual for a girl to continue studying after marriage. I feel very lucky that I can study and pursue my career

Coercion / Pressure

“

I cannot [marry]. I cannot risk my life. It’s about 40/50 years. If I have children with him, I need to make sure he will be a good father like you…I don’t want you to do this sin. I rather that God hates me [because] I disobey you, but I don’t want him…there will be a judgement day and you will say it’s a sin – why did you do that to your own daughter? I don’t want to see that day

Coercion and violence

Comfort of faith

Common tactics

Future Hopes

Cultural Gap

Spirit of forgiveness

Forced Marriage

UN Declaration of Human Rights (1948)

“marriage shall only be entered into with the free and full consent of the intending spouses” (ICCPR / CEDAW)

-based violence’ (GBV) UN definition includes forced and early marriage – gendered also impacts boys when reinforcing gender-based inequitable norms

Sustainable Development Goals – SDG5

UN estimate will take 300 years to end child marriage at current rate

Hong Kong Social Context

Relatively higher rate of unemployment

Poor educational attainment

Direct or indirect racial discrimination

Low rate of female participation in workforce

(Source: Dreams Report, Kapai)

Hong Kong Legal Context

International treaties e.g. UNDR, ICCPR, CEDAW

HK Bill of Rights Ordinance (Cap. 383) (Article 19(3))

'no marriage entered into without free and full consent'

Criminal offences: physical / sexual abuse, forcible detention (Offences Against the Person Ordinance (Cap.200))

Civil remedies injunctions: non-molestation (Domestic and Cohabitation Relationships Violence Ordinance (Cap. 189))

Family law i.e. annulment of marriage (Matrimonial Causes Ordinance (Cap. 179)) e.g. recent case of RM v AY [2023] HKFC 59

Global responses

Criminal offence: Australia -

Modern Slavery Act 2018

Immigration legislation:

Denmark - presupposition rule / 21

Civil remedies: UK - FMU and FMPOs

Community-based response and social change: India -

National Action Plan and NGOs

Understand Safety Mindset

Legislation

• Mandatory Reporting of Child Abuse Law

• Forced Marriage Assistance List

• Data Collection

•Support

•Special nature of loss for victims

•Education programme

•Engage youth

•Create special material

•Engage community, e.g. parents and older forced marriage victim / survivors

• Civil regime

• Immigration

• Criminal offence

Stage 1: Understand

Recommendation 1

Awareness for mandatory reporters

Coercion which is part of the forced marriage process can be child abuse

Recommendation 2

Forced Marriage Assistance List

Recommendation 3

Data collection

Provide victimsurvivors with easily accessible information

Collate and collect data to enable appropriate resources

Stage 2: Safety and Support

Recommendation

4 Support

Recommendation

5

Special nature of loss for victims

Provide shelter, social welfare assistance, etc.

Consider the nature of potential loss for victims e.g. safe reconnection process

Stage 3: Mindsets

Recommendation

6 Education programme

Recommendation

7 Engage youth

Recommendation 8

Create special material

Tailored programme for frontline responders

Culturally sensitive materials to engage boys and girls in Hong Kong

Create tailor made material to engage young readers

Stage 3: Mindsets

Recommendation 9

Engage with community

Raise awareness of forced marriage and opportunities for girls in Hong Kong

Recommendation 10

Engage parents

Encourage completion of education for girls

Recommendation 11

Engage with older forced marriage victim-survivors

Amplify their voices as role models for empowerment

Stage 4: Legislation

Recommendation

12

Legislation: civil regime

Consider utility of civil orders specifically for forced marriage

Recommendation

13

Immigration

Collect data. Consider individual spousal interviews

Recommendation 14

Legislation: criminal offence

Create specific offence e.g. draft Modern Slavery Bill

Panel Discussion

Where is Hong Kong on Forced Marriage and What Should We Do?

Dr. Arfeen Bibi

Puja Kapai

Hina Butt

Sala Sihombing Azan Marwah

Noorel Haque

Moderator

Panel Discussion

Where is Hong Kong on Forced Marriage and What Should We Do?

Time to UnMute

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Scan to read the full report in English

Scan to read the Executive Summary in Chinese

Closing Remarks

Local and Global Problem

Culture not Religion

Children are Abused

Forced Marriage Starts Young

Lacking Support: Forced Marriage Emergency List

Time to UnMute Understanding Forced Marriage in Hong Kong