Jasvinder
Sanghera CBE
Karma Nirvana
The National Conference on the criminalisation of
Forced Marriage
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Increase reporting, reduce isolation & save lives
National Challenges 2014
Jasvinder Sanghera CBE
Victims Experiences/Challenges
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• Multiple perpetrators - Immediate, extended family UK/abroad
• Self policing - organised networks, collusion, use of professionals
• Reporting - Not being believed, undermining perception of risks, lack of
understanding impacts on response
• Responses dealt with as different - Cultural, not as CP/PP, professionals from
same ethnicity, breeches of trust, missed indicators
• Inappropriate family engagement- Believing family over victim, use of
interpreters, mediation
• Increased risk upon leaving - Tracked down by family, lack of
communication between force areas, multi-agency communication
Consequences of FM/HBV
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• Repeated rape - Ongoing DV including by family
members
• Children witness abuse- Promised into marriages
• Self harming & suicide- Higher incidences of South Asian
• Overseas - Perpetrators, imprisonment, abduction
• Murder - Family organise meetings to deal with victims,
involvement of family UK, overseas, bounty hunters
Policing Challenges
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• Identification of risk- Risk management
• Community Impact- Community engagement, denial, challenges
• Investigative challenges- Multiple perpetrators, wall of silence, fear, hostility,
use of interpreters
• Training - Lack of awareness, awareness of first response officers
• Cultural Sensitivities- Impacts on professional confidence, fear of offending,
community relations
• Lack of Force-Wide Ownership - Impacts on responses, reliance on one or two
officers, front line policing knowledge, force policy/action plan?
Sentencing Remarks - Justice Roderick Evan
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‘your concern about being shamed in your
community was greater than the love of your
child”
“Shafilea was a determined, able and ambitious
girl who wanted to live a life which was normal
in the country and in the town in which you had
chosen to live and bring up your children”
“The killing was motivated by cultural issues”
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Prosecutor Andrew Edis QC
• Describes 3 choices within family
dynamic:
• “Escape, submit or die”
• “Alesha has escaped, Mevish has
submitted and Shafilea has died”
• Parents sentenced 2012 to 25
years
Forced Marriage Protection Orders
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• 2009 – 101 FMPO’s
• 2010 – 149 FMPO’s
• 2011 – 157 FMPO’s
• 2012 – 124 FMPO’s
• 2013 – 103 FMPO’s
641 Orders
in total
Approximately: 54% of applications made are for under 17’s
* Statistics based upon Ministry of Justice data collation
Shafilea Ahmed
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'Happy Families‘
I don't pretend like we're the
perfect family no more
Desire to live is burning
My stomach is burning
But all they think about is
honour
I was like a normal teenage kid
Didn't ask 2 much
DOB: 14th July 14 1986
Died Age 17
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Email: info@karmanirvana.org.uk
Website: www.karmanirvana.org.uk
Helpline Number: 0800 5 999 247
Follow us on:
Karma Nirvana
@KarmaNirvanaUK
Please pick up copies of our literature for distribution
Survivor Ambassador
The National Conference on the criminalisation of
Forced Marriage
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Video address
Rt Hon Norman Baker
MP
Minister of State for Crime
Prevention
The National Conference on the criminalisation of
Forced Marriage
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Refreshment break
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Survivor Ambassador
The National Conference on the criminalisation of
Forced Marriage
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Helen Jones MP
Shadow Minister
(Home Affairs)
The National Conference on the criminalisation of
Forced Marriage
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Chaz Akoshile
Joint Head Forced
Marriage Unit
The National Conference on the criminalisation of
Forced Marriage
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National Conference
on the criminalisation
of Forced Marriage
Reasons
Risks
Response
Chaz Akoshile
Joint Head, Forced Marriage Unit
6 May 2014
Forced Marriage Unit
FMU established in 2005.
Government’s main delivery arm for:
• Development of effective policy
• Awareness raising
• Casework
Domestic
Consular
Reluctant Sponsors
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2013 Data
FMU provided advice or support in over 1300 cases related to an
actual or potential forced marriage.
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15% of calls involved victims below 16 years of age
25% involved victims aged 16-17
48% involved victims aged 18-25
7% involved victims aged 26-30
82% involved female victims and 18% involved male victims.
97 instances involving those with disabilities.
12 instances involved victims who identified as LGBT.
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Countries of origin
Pakistan (42.7%), India (10.9%), Bangladesh (9.8%),
Afghanistan (2.8%) Somalia (2.5%),
Iraq (1.5%), Nigeria (1.1%), Saudi Arabia (1.1%),
Yemen (1.0%), Iran (0.8%), Tunisia (0.8%), The Gambia (0.7%)
Egypt (0.6%) and Morocco (0.4%).
The origin was unknown in 5.4% of cases.
* Overall the FMU handled cases involving 74 different countries.
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2013 National scale
• London 24.9%
• West Midlands 13.6%
• South East 9.9%
• North West 9.3%
• Yorkshire and Humberside 6.8%
• East Midlands 4.2%
• East 3.5%
• Scotland 2.9%
• North East 2.0%
• South West 1.6%
• Wales 1.6%
• Northern Ireland 0.3%
19.4% of cases were classed as unknown.
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How we help in the UK
 Reassure confidentiality when a call is made to our public
helpline.
 Work with police, social workers, teachers, welfare officers,
health professionals and others in UK to protect people at
risk and highlight warning signs.
 Provide support, information and contacts.
 Arrange safe accommodation in UK.
 Collaborate with UK Visas and Immigration to prevent
entry clearance or have an individual removed from the
UK.
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Assisting Overseas
• Signposting to BHC/Embassies.
• Arrange safe accommodation overseas.
• Assistance with their return to the UK – providing local
knowledge linked to exit visas.
• Organise repatriation - and rescues in extreme cases.
• Accompanying victims to the airport – especially in the
case of minors.
• Organise emergency flights/ travel documents with safe
pick-up and transport from airport.
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Legal Assistance
FORCED MARRIAGE PROTECTION ORDERS
(FMPOs)
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Who can take one out?
VICTIM
A person ‘at risk’ could effectively take out an order themselves.
3RD PARTY
• Social Services.
• NSPCC.
• Police.
• Local authorities.
• NGOs.
ANY PERSON GIVEN (LEAVE) PERMISSION BY THE COURT.
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Forced Marriage Protection
Orders (FMPOs)
• Effective method of assisting victims both in UK and overseas.
• Contains legally binding conditions targeting any number of
perpetrators, with the aim of ensuring victims are not forced into a
marriage against their will.
• FMPOs allow for a victim to be protected, assisted and supported
without the need to bring the situation into the criminal justice system.
• Please note: If a child is under 16, it is invariably necessary to also
obtain an Interim Court Order – thereby giving the Court powers to
make decisions for the child’s wellbeing.
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Policy Development
LEGISLATION
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Future for Victims
Although forcing someone into a marriage and/or luring
someone overseas for the purpose of marriage will become a
criminal offence – the civil route and the use of FMPOs will
still be available and can be used as an alternative to entering
the Criminal Justice System.
Perpetrators may be prosecuted if it is overwhelmingly in the
public interest to do so, however, victims should be able to
choose how they want to be assisted.
New offence will come into effect in June 2014.
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Penalties
Forced Marriage offence
• Maximum penalty on conviction on indictment will be imprisonment for
a term not exceeding seven years and/or a fine.
• Maximum penalty on summary conviction will be imprisonment for a
term not exceeding six months and/or a fine.
Breach of FMPO
• Maximum penalty on conviction on indictment will be imprisonment for
a term not exceeding five years and/or a fine.
• Maximum penalty on summary conviction will be imprisonment for a
term not exceeding six months and/or a fine.
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Benefits
Further protection
Deterrent
Support for professionals
Clarity of message
EMPOWERS THE VICTIMS
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Statutory Guidance
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•
•
•
•
•
•
•
•
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Senior Management Commitment.
Defined Roles & Responsibilities.
Clear Lines of Accountability.
Staff Training & Awareness Raising.
Signposting Practice Guidelines.
Record Keeping.
Risk Assessment – on-going/links.
Victim-centred approach.
Danger of Family Mediation.
Agency-specific requirements.
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Multi-Agency Practice Guidelines
• Police, Social Care, Health, Education
and Housing Professionals.
• Best practice guidance: UK & overseas,
including legal remedies.
• Detailed step-by-step guidance.
• E-Learning course for practitioners.
• Forced Marriage & Learning Disabilities.
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Publicity materials
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Survivors’ Handbook.
Forced Marriage and Learning Disabilities.
Guidance for Registrars.
Guidance for MPs and Councillors.
LGBT booklet.
Smartphone app
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Get in touch
• Call us on (+44) 207 008 0151
• E-mail us at: fmu@fco.gov.uk
• Follow us on
• http://www.facebook.com/forcedmarriage
• www.gov.uk/forced-marriage
•
@FMUnit
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Nazir Afzal OBE
Chief Crown Prosecutor for
the North West of England
“Women in Chains”
The National Conference on the criminalisation of
Forced Marriage
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Lunch
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Tom Winsor
HM Chief Inspector of
Constabulary
The National Conference on the criminalisation of
Forced Marriage
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Commander Makhdum
(Mak) Ali Chishty
ACPO National lead for HBV
and Forced Marriage
The National Conference on the criminalisation of
Forced Marriage
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Tackling
Honour Based Violence
...moving beyond transaction into
service
Commander Mak Chishty QPM
National Policing Lead for HBV, FM, FGM
Notable UK cases
Rukhsana NAZ (pregnant- held down by mother and
strangled by brother)
Heshu YONES (killed by her father)
Benaz MAHMOD (killed by father, uncle & Kurdish
community members)
Tulay GOREN (killed by her father)
Shafilia AHMED (killed by her mother & father)
Honourin
g their
lives and
learning
from their
deaths
Honour based violence
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Crime - criminals who deserve prison
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Human Rights Abuse - torture and slavery
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Child Abuse - child protection plans
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Sex Crimes - rapes
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Which community, race, faith, culture can claim honour
in any of these?
There is no typical case, murders in the name of so called honour (honour
killings) are “atypical” and they fall within the "umbrella" of honour
crimes and
honour based violence –a collection of practices, linked by the
motives that
drive them.
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Acid Attacks
Child Abuse
Suicide
Bride Price
Land Feuds
Kidnapping
Rape
Slavery
Honour Killing
Torture
Blood Feuds
Female Infanticide
Child Marriage
Forced Marriage
Female Genital
Mutilation
Our duty
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Protect - people from harm of Death, Injury, Loss, and
Distress
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Prevent - abandonment of practice through community
driven solutions
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Pursue and Prosecute - Police/CPS joint investigative
strategies
Present status
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Processes and systems - flagging, risk assessing,
case tracking
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Framework - local, national, cross governmental
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Strategy and plan - Ending Violence against Girls and
Women
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Well done and thank you... but we need to move
beyond transactional approaches into the next
stage of service
work in progress
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Good practice Multi Agency Public Protection Arrangements
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Regional and National problem profiles
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Good practice Multi Agency Risk Assessment Conferences
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Neighbourhood level engagement
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2014 joint National Conference with Karman Nirvana - victim and survivor led
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Police / CPS joint training sessions for FM & FGM (across 13 CPS Regions & associated police forces)
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Police / CPS Protocol [38/42 Forces signed up so far]
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National Policing Curriculum: Level I & II public protection training for police officers – incl HBV, FM, FGM.
Supported by 6 scenario based e-learning modules (College of Policing – COP)
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Authorised Professional Practice – HBV, FM & FGM (COP)
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Updated ACPO HBV Strategy (draft) , Comms , Tactics etc.
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Partnership with Europol & Member States law enforcement agencies to tackle travelling offenders, exploit
Intelligence
A case of reflection and a
cause for change
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ASB - ‘A Step in the Right Direction’
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Domestic Abuse - ‘Everyones Business’
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Hate Crime - ‘Getting Away with Murder’
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Savile - ‘Giving Victims a Voice’
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Child Sexual Exploitation - ‘Don’t Look Away’
HBV - The real challenge
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Vastly under-reported and requiring victim, survivor
and community confidence
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Attitude - Our culture (domestic abuse)
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Aptitude - Knowledge and Ability gained
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Appetite - Protection for all must be a priority
Forced marriage a new opportunity to Bridge Process and culture together
•A
marriage conducted without the valid
consent of both parties, where duress is a
factor
•A
criminal offence - a first conference to talk
about this well needed statutory legislation
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Forced Marriage Legislation – Enactment June 2014
Present Approach
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HM Government’s Violence Against
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Women & Girls Strategy & Police Service
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Public Protection
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UK National Policing structure
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9 ACPO Regional leads
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43 Force champions
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NGO & IAG specialist support
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HM Government’s FM Unit
ACPO national Action plan themes of work
1.Making HBV unacceptable in all communities
2.Victim Confidence
3.Breaking offending behaviour
4.Justice Seen, Justice Done
5.Continuous Learning
6.Communication and engagement
1. Making HBV unacceptable
in all communities
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Recognise change – the world in 2014
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Community driven solutions
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Breaking the generational cycle
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Challenge where appropriate
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Fundamental Human Rights
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….The majority of young people from immigrant
communities are well integrated. Yet in many
households, old traditions are still a powerful force
……’
•
[Why? ………the community ‘back home’ has also
been moving on. Things haves been changing
……….]
2. Victim Confidence
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Trust & belief in police & others - work with KN survivors
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Early identification of HBV
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Right Service, First Time. Never turn a victim away
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Meeting needs of victims
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Accessibility
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No judgement
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Respect & dignity [fundamental right to be believed].
3. Breaking offending
behaviour
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Risk assessment & safety planning
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National Intelligence Model – Intelligence requirement
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People at risk of offending [ID of intervention
opportunities]
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Making it shameful
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Early intervention
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Positive role models
4. Justice Seen, Justice Done
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The legal framework (criminal / civil)
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Specialist prosecutors
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Specialist courts
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What does justice mean?
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Community buy in
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Restorative Justice?
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Enhanced sentencing
5. Continuous Learning
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Not just a police issue
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Community reach
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Community values
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Democracy
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Rights & Entitlements
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We must learn from each other & other people to be the
best that we can be
6. Communication &
Engagement
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Victims & potential victims
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Offenders & potential offenders
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Communities (UK / international)
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Inter-agencies
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Information sharing
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Whole (cross) government approach
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Vertical / Horizontal approach
Thank you