A/HRC/4/23
page 13
women to Israel for the purpose of prostitution. The State of Israel is aware of approximately
four or five such cases. Moreover, the Government reported that “Israeli men, often
handicapped, marry women from poor countries in order to have them work as service providers.
The women consent in the hope that this will enable them to break the cycle of poverty”.
35.
In addition, the Government of Mexico reported that cases of forced marriages that led to
trafficking in persons for the purpose of commercial sexual exploitation had been detected in
several states/municipalities of the country. Data indicate that some families traffic their minor
daughters to be married to older men with economic resources. The girls are too young to be
able to make a decision, and in some cases the consent is given by the family. The Iraqi NGO,
SOITM Foundation reported that owing to the current situation in Iraq, a large number of Iraqi
women were being recruited by sex traffickers and that some who had been taken to the Gulf
States as wives were later used in the local prostitution industry.
36.
Moreover, there is evidence that adolescent females have been trafficked over
international borders between polygamous communities in the United States and Canada to enter
into arranged polygamous marriages.10 A 2005 Canadian report on polygamy challenged the
idea that “women who participate in polygamy actively consent to this, given the social isolation
and religious indoctrination to which they have been subjected throughout their lives”.11
Polygamy could, therefore, be seen in certain contexts as akin to a forced marriage and thus akin
to slavery and bondage, when women and girls are married without their free and full consent.
37.
The NGO La Strada in Moldova informed the Special Rapporteur that in the
years 2002-2004, it registered two cases of forced marriage for the purpose of
trafficking in human beings: in one case the victim “married” a United States citizen, and
the other case involved a Moldovan citizen in Germany. In addition, the Serbian NGO
ASTRA-Anti-Trafficking Action reported that in its work it had come across women who had
been forced into marriage with a pimp following their sexual exploitation. The marriages had
been concluded to conceal a criminal offence, eliminate a potential witness or misrepresent the
situation of the woman. The ASTRA legal team is currently seeking to annul the forced
marriage of a victim to her trafficker. A Norwegian research report of 2004 concluded that a
large number of women trafficked to Oslo for prostitution originally arrived in Norway through
marriage with a Norwegian man.12
E. Forced marriage in the context of trafficking
in persons, especially women and children
38.
There is a clear recognition in United Nations and regional agreements, as well as in
national legislation, that many women and girls around the world live under conditions where,
10
Angela Campbell, et al., Polygamy in Canada: Legal and Social Implications for Women and
Children - A Collection of Research Papers (Ottawa, Canada: Status of Women, Canada, 2005).
11
Ibid.
12
Anette Brunovskis and Guri Tyldum, Crossing Borders, Oslo, Fafo-report 426, 2004.
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