A/HRC/21/41 53. To help to reduce servile marriage, the Government of India launched conditional cash transfer initiatives to provide incentives to families to delay their daughters’ marriages. The “Apni beti apna dhan” (“Our daughter, our wealth”) programme was established by the local government of Haryana to issue long-term savings bonds redeemable on a girl’s eighteenth birthday, provided that she is unmarried. D. Conflict 54. Conflict and post-conflict situations have also contributed to an increase in servile marriage, given that girls and women recruited or abducted by armed groups have been forced to marry combatants. Armed groups such as the Lord’s Resistance Army have been found to force girls into servile marriage in the Central African Republic, the Democratic Republic of the Congo and South Sudan (see S/2012/365). 55. As mentioned above, the issue of servile marriage in conflict was recently highlighted by the adoption of a landmark judgement by the Special Court for Sierra Leone in Prosecutor v. Brima et al, in which it recognized forced marriage as a crime against humanity under international criminal law for the first time. E. Cultural and religious practices 56. Cultural relativism is often given as an excuse for slavery-like violations such as servile marriage and sexual slavery committed against women and girls. Societies that permit servile marriage are based on an overwhelming fear of female sexuality and culturally believe that it should be curtailed and regulated. 57. In Sindh, a province of Pakistan, the custom of swara is practised, by which women are used as commodities to settle disputes between clans and tribes. They are either forced to marry the men from the receiving tribe or used by them as sex slaves. This form of servile marriage continues to occur even in the face of legislation prohibiting this practice and the upholding of that legislation by the Supreme Court of Pakistan (see EGM/GPLHP/2009/EP.14). 58. South Africa has given individuals and couples the right to choose the law that should govern their marriage, enabling them to opt out of traditional systems (that they may feel are oppressive or discriminatory) in favour of a law based on the Convention on the Elimination of All Forms of Discrimination against Women. Such an approach should be further explored to ensure that all laws are brought into conformity with international standards (E/CN.4/2002/83, para. 9). 59. In many countries, there is a widespread belief, which also finds expression in law, that a husband is entitled to sexual intercourse and may insist on this entitlement by force. There is a growing trend by countries to repeal such laws, however. For example, Ghana, after much public debate and consultation with stakeholders, amended its legislation in order to protect women from marital rape and enacted new legislation criminalizing physical, sexual and physiological abuse, intimidation, threats and harassment between spouses, other intimate partners and former partners, among others (A/HRC/7/6/Add. 3, paras. 37 and 74). 60. As a result of cultural beliefs, girls and women with dual nationality are sometimes abducted by their families from one country and forced to marry men from their parents’ country of origin. This has happened in the United Kingdom to women from Asian diaspora communities. The Governments involved have worked through consular assistance and judicial proceedings to provide victims with effective remedies. In 2005, the United Kingdom set up a forced marriage unit under the Foreign and Commonwealth Office and the Home Office to tackle the issue. 11

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