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men who seek marriage to women through these agencies have a history of violence against
women. For example, the Indonesian NGO, the Health and Humanity Foundation reported that
the most common forms of forced marriages in Indonesia are bride-order marriages and marriage
with minors for debt bondage.
59.
In her report, the Special Rapporteur also made reference to a case of a woman who was
awarded compensatory and punitive damages in a lawsuit against an international marriage
broker who had failed to inform her of a law that would have enabled her to escape her abusive
marriage without fear of automatic deportation. The Special Rapporteur referred to that case as a
victory for those trying to combat trafficking in persons. This case sheds light on the dangers
involved in the use of such marriage agencies.
60.
Countries such as the Philippines have adopted specific legislation in this regard.
According to article 4 of the 2003 Philippines Anti-Trafficking Law, Republic Act 9208, it is
unlawful for any person, natural or juridical, to “offer or contract marriage, real or simulated, for
the purpose of acquiring, buying, offering, selling, or trading them [sic] to engage in prostitution,
pornography, sexual exploitation, forced labour or slavery, involuntary servitude or debt
bondage”.
III. CONCLUSIONS AND RECOMMENDATIONS
61.
The phenomenon of forced marriages of women and girls in the context of
trafficking in persons is widespread, is devastating for its victims and has a serious impact
on women’s status in those societies where it occurs.
62.
To successfully combat forced marriages in the context of trafficking in persons,
States must, in accordance with existing international agreements, put into place measures
that prevent women and children from becoming victims of forced marriages, including
measures that discourage the demand. States are obliged to ensure the safety of victims
and their access to adequate and appropriate assistance. Finally, States are required to
adopt legislation to criminalize forced marriages in the context of trafficking in persons
and prosecute those responsible, while safeguarding the rights of the victims.
63.
The Special Rapporteur recommends that:
Prevention of forced marriage in the context of trafficking in persons,
especially women and children
(a)
Measures to prevent and combat forced marriages be included in national
action plans that focus on trafficking in persons, especially women and children, and,
similarly, in national action plans on violence against women and girls;
(b)
States establish special units and/or working groups, such as the Forced
Marriages Unit of the United Kingdom, within law enforcement agencies or other
appropriate public authorities. These agencies should be responsible for investigating
and/or prosecuting cases of forced marriage in the context of trafficking in persons. In
collaboration with NGOs and organizations in civil society, these agencies could also be
responsible for collecting and publicizing information on forced marriages;
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