1.1
The Joint Standing Committee on Foreign Affairs, Defence and Trade (JSCFADT) on 24 February 2021 resolved to inquire into the Department of Foreign Affairs and Trade (DFAT) Annual Report 2019-20. This has enabled the Committee and its Sub-Committees to explore various issues using a relatively concise approach. As part of this inquiry, the Human Rights Sub-Committee of the JSCFADT agreed to canvass matters relating to Australia’s strategy and advocacy to eliminate child and forced marriage.
1.2
This report does not provide a comprehensive examination of child and forced marriage matters. Instead, the report focuses on the advocacy work being undertaken by the Australian Government to eliminate child and forced marriage practices.
1.3
Global commitments have been made towards the elimination of child and forced marriage practices as part of the United Nations Sustainable Development Goals. The Committee in commencing this inquiry activity announced that it was seeking to better understand ‘how combatting child and forced marriage can be a targeted, coordinated and effective focus of Australia’s international development strategy and programs.’
1.4
Through examining these matters, the Committee received some information on Australia’s domestic legal framework, and the support provided by government and civil society organisations to individuals at risk of being in, or facing, child and forced marriage situations.
1.5
The Committee understands that child and forced marriage cases are sensitive to resolve, with each case presenting vastly different circumstances due to the personal family and relationship dynamics involved. The Committee also understands that additional complexity is introduced due to the cross-jurisdictional challenges that can arise when multiple nations are involved, which may not be easily resolved.
1.6
On Thursday 13 May 2021, the Committee called for submissions, and invited expressions of interest to appear at a public hearing. The Committee posed the following questions to guide discussion at the public hearing:
1
How does Australia currently engage internationally to promote the elimination of child and forced marriage?
2
What additional steps can Australia take to advocate for the elimination of child and forced marriage? For example, by:
a.
engaging with international institutions and likeminded countries;
b.
cooperating with non-government organisations;
c.
bilateral engagement or other diplomatic activities; and
d.
other appropriate means.
1.7
The Committee received 7 submissions and 11 exhibits to the inquiry. These documents are listed in Appendix A and B respectively.
1.8
The Committee held public hearings on 18 June 2021 and 25 August 2021. Witnesses appearing at these hearings are listed in Appendix C.
1.9
At the 18 June 2021 hearing, the Committee heard from government and civil society organisations. There is a large range of government departments that have responsibility or provide input on child and forced marriage matters. The Committee heard from representatives of these departments in a roundtable format, and learned about the role each department plays.
1.10
The Committee also heard at its 18 June 2021 hearing from experts and representatives from non-government organisations who research, advocate and provide support for victim-survivors. The Committee was pleased to learn about the range of engaged actors that are active in this space.
1.11
The Committee heard further from the Australian Border Force at the 25 August 2021 hearing.
Previous committee inquiries and reports
1.12
The Joint Standing Committee on Foreign Affairs, Defence and Trade, as well as other parliamentary committees have previously undertaken inquiries exploring modern slavery, human trafficking or family violence matters where child and forced marriage has been discussed.
1.13
While not canvassing each of the inquiry’s recommendations, or the nature or detail of government responses, the Committee understands that the issues relating to child and forced marriage remain a subject of national and international interest and advocacy. This suggests that more work can be done; the Committee was therefore interested in hearing views from key stakeholders on these issues specifically.
1.14
A selection of these inquiries is listed below:
April 2021 – Inquiry into family, domestic and sexual violence – House of Representatives Standing Committee on Social Policy and Legal Affairs (no government response to date);
December 2017 – Inquiry into establishing a Modern Slavery Act in Australia – Joint Standing Committee on Foreign Affairs, Defence and Trade (government response tabled 19 October 2020);
July 2017 – Inquiry into human trafficking, slavery and slavery-like practices – Parliamentary Joint Committee on Law Enforcement (government response tabled 19 October 2020); and
December 2015 – Inquiry into human rights issues confronting women and girls in the Indian Ocean – Asia Pacific region – Joint Standing Committee on Foreign Affairs, Defence and Trade (government response tabled 10 April 2017).
Report structure
1.15
By way of introducing discussion of this issue, Chapter 2 and 3 describe background and contextual material that was received by the Committee. Chapter 2 provides an overview of child and forced marriage. This includes broad definitions, prevalence of child and forced marriage both globally and in Australia. It also includes a discussion of domestic and international legal frameworks to address child and forced marriage practices.
1.16
Chapter 3 discusses the policy framework established by the Australian Government to respond to child and forced marriage, including the National Action Plan to Combat Modern Slavery 2020-2025.
1.17
Chapter 4 discusses the drivers of child and forced marriage, and the work of changing social norms to prevent child and forced marriage. This includes consideration of how these drivers have informed initiatives including the provision of official development assistance by the Australian Government to other nations. The COVID-19 pandemic has also exacerbated many of these underlying issues.
1.18
Chapter 5 outlines the assistance and services provided to Australian citizens and permanent residents overseas. This details the work of key programs run by civil society organisations, as well as DFAT’s consular operations and the AFP’s policing operations to assist those experiencing child and forced marriage situations across national borders.
1.19
Chapter 6 reviews the advocacy undertaken by the Australian Government in multilateral forums to progress the elimination of child and forced marriage practices. Alignment on approach across nations is key to coordinated multilateral advocacy, and evidence received on international approaches is also discussed in this chapter.