Annex 1
DOMESTIC VIOLENCE AND HONOUR BASED CRIME—JOINED
UP GOVERNANCE AND AN ISLAMIC APPROACH
In the name of Allah the most merciful, the most
beneficent
1. INTRODUCTION
The aim of this talk is firstly to carry
out a detailed analysis of the UK Labour Government's policy from
1997 to date in respect of domestic violence (DV). The work will
seek to show how factors such as ideology, the shape of the UK's
socio-economic environment, and the change in attitudes which
has taken place globally in respect of the role of the state in
preventing violence in the home, has resulted in the rising prominence
of DV as a significant political issue, and one which the current
government has, with varying degrees of success, sought to make
a real effort in tackling,
"We have invested an extra £70 million
to tackle domestic violence, and on the latest figures that we
have, domestic homicides are down, the number of guilty pleas
is up significantly, and convictions at court have quadrupled.
One of the reasons why that is happening is that there is far
greater co-operation across the agencies and a far greater willingness
in our court system and among the police to take domestic violence
far more seriously". (Blair, PMQ's, 2006—http://www.theyworkforyou.com/debates/,
20 December 2006)
After briefly introducing the key concepts
that form the basis of the essay, I will look at why there have
been significant differences in policy with previous governments,
before then going onto analyse a series of policy initiatives
observed since 1997. I will argue that the concept of joined-up
government (JUG) has taken up a central role within the implementation
and structure of the Labour government's DV policy. Although DV
policy has involved numerous actors, I have chosen to concentrate
on the key governmental and non-governmental actors, which I consider
to have been most utilised and co-ordinated in order to produce
new policy ideas, and then implement those initiatives effectively.
Whilst I acknowledge from the start that the government has not
always been successful in achieving its aims, I will argue throughout,
that the situation for DV victims and their children is now markedly
better now than it was and JUG has proved to be an invaluable
component in bringing about improvement.
For the purposes of this essay, I will
make use of the Home Office's definition of DV as, "Any incident
of threatening behaviour, violence or abuse between adults who
are or have been in a relationship together, or between family
members, regardless of gender or sexuality."(http://www.homeoffice.gov.uk/crime-victims/reducing-crime/domestic-violence/?version=1,
accessed on 24 December 2006) Whilst DV clearly affects both genders,
it is proven by all respected studies world wide that women are
more likely to be victims, and that the violence they suffer is
of a far greater intensity and repetition (World Health Organization
2005), and the analysis will reflect this. In regards to defining
JUG, I feel it is important to note that due to the increasing
involvement of NGO's and voluntary organisations in defining and
implementing government policy, I therefore acknowledge that the
issue is becoming a key example of joined-up governance rather
than government. In respect of this work I do not wish to detract
from the key issues involved and get tied up in a debate on definitions
however. Whilst it is of course important to recognise the differences
between governance and government, I feel strongly that the core
principles of JUG have formed the cornerstone of DV policy under
New Labour, and so I will utilise Pollitt's definition,
"`Joined-up government' is a phrase which
denotes the aspiration to achieve horizontally and vertically
co-ordinated thinking and action. Through this co-ordination it
is hoped that a number of benefits can be achieved. First, situations
in which different policies undermine each other can be eliminated.
Second, better use can be made of scare resources. Third, synergies
may be created through the bringing together of different key
stakeholders in a particular policy field or network. Fourth,
it becomes possible to offer citizens seamless rather than fragmented
access to a set of related services". (Pollitt, 2003, 35)
My second theme is that of the developing
UK approach to Forced Marriage and Honour Based Crime. We acknowledge
them both as forms of domestic violence but that they need a different
approach and understanding given their cultural context and that
the victims' needs and vulnerabilities may be different. Many
(but not all) of the victims of such crimes in the UK are of South
Asian origin—victims of their cultural rather than religious
backgrounds—their plight ignored and hidden by families
and communities by the concept of "Shame" and by the
authorities for fear of accusations of racism. I believe educating
victims, families, communities and statutory bodies on the true
tenets of Islam( and of other religions )provides the best way
forward to protect and prevent such abuses and to nurture healthy
families and societies. We are also looking to learn from countries
(hence my presence in Pakistan) who have long been tackling such
issues and to work in mutually beneficial partnerships with them.
2. FROM
THATCHERISM TO
THE "THIRD
WAY"
I am in no respect attempting to argue
that the Thatcher governments condoned DV in any way, but through
the influence of New Right ideology, and an aim to solve many
of the social and economic problems of 1970's Britain through
the restoration of "family values" founded upon a patriarchal
society, Thatcherism as a political concept has been recognised
as adopting an attitude that the family is "private",
an area in which the state should largely remain unobtrusive,
"Thatcherism as a political project sought to reassert the
importance of a strong nation and the patriarchal family. Both
were significant in the construction of its electoral bloc, and
helped to justify government indifference to the increased burden
that the recession and government cuts in welfare services had
inflicted on women." (Gamble, 1994, 199)
Through the use of highly divisive rhetoric,
Thatcherism created an atmosphere within British society of "them"
(ie the unemployed, ethnic minorities, single mothers etc), as
compared to "us" (ie, the "hard working",
white, middle-class majority). Although in reality this attempt
to restore a patriarchal society was largely non-existent in respect
of firm policy, mainly due to the fact that the Thatcher government
realised that the highly flexible and easily hired/fired labour
which women offered was essential as part of the move away from
a manufacturing dominated economy. The often hostile attitude
with which Thatcher appeared to regard some women such as single-mothers
however, contributed significantly to the lack of a determined
effort to firstly recognise that DV was a major problem within
society, before even attempting to develop any serious initiatives
with which to deal with the issue. Any intrusion into family life
was often viewed by the New Right as being part of the failings
of the post-war social democratic consensus, "The growth
of the welfare state and the increased intervention into family
life have been paralleled by a growth in concern for the privacy
of the home and for the rights of the private individual. This
issue is raised in a particularly acute form in the problem of
wife abuse." (Pahl, 1985, 3)
The fact that no new DV legislation was
brought into effect between 1979 and 2004 is testament to the
lack of action taken by the Thatcher governments. The reasons
behind this lay not only from the ideological influence, but also
due to the economic reality in that one of the key aims of Thatcherism
was to reduce public spending as part of a contested concept often
labeled as the, "rolling back of the state". (Gamble,
1994, 235) This cut in resources inevitably reduced the capacity
of the state to deal with acknowledged problems such as the negative
effects of unemployment on society, never mind a relatively "unknown"
policy area, which DV was at the time. This failure to recognise
the far reaching costs of DV to society and the economy, is one
of the key distinguishing features of the Thatcher and Blair governments,
"The total cost of DV to services (Criminal Justice System,
health, social services, housing, civil legal) amounts to £3.1
billion, while the loss to the economy is £2.7 billion. This
amounts to over £5.7 billion a year". (Walby, 2004,
1)
Whilst the Thatcher and Major years produced
little in the form of DV related policy, the same can not be said
following the election of New Labour into power in 1997. There
are several factors why Labour has taken up the issue under Blair,
none more so than the presence of a significant number of female
MP's, with 101 elected into office in 1997, alongside a recognition
of how vital it was for New Labour to appeal to women in order
to achieve electoral success. The issue has also tied into many
of the core principles of New Labour's "Third Way" style
of social democratic politics, combining sound economics with
an aim to tackle the negative consequences of society, and rather
than demonizing single-mothers for example, "The (Labour)
government wanted women to take their place as `economic equals
to men' while still supporting them in their accustomed nurturing
role. The government's ultimate objective was to encourage as
many single parents as possible to enter the labour market".
(Fielding, 2003, 200)
As Pollitt (2003) notes, the concept
of JUG is not a new one, as is often portrayed by New Labour,
and can be observed to varying degrees in every post-war government.
JUG offered New Labour not only a "catchy" term from
which to promote an image of change and "modernisation"
of the British state, but of much greater significance, JUG was
a tool which would allow the government to improve public services,
without risking the political dangers of increasing public spending
too early after the election victory, "(JUG) could take forward
the government's agenda without requiring large increases in spending
in the short term, or major structural re-organisation which might
prove a distraction." (Perri et al, 2002, 20) The
degree to which significant changes had to be initiated within
the DV issue is shown by the statistic that a victim "may
go to 10 different agencies before she eventually gets help"
(Judicial Studies Board, 2004, 6), and so whilst Blair did not
have DV specifically in mind when he promoted the idea of JUG,
I would argue that it would be difficult to find another area
or issue in which the core objectives of JUG were so desperately
required, "DV is a complex issue and is not something that
one agency, acting in isolation, can resolve. It demands a multi-agency
approach, where both statutory and voluntary agencies engage to
meet the needs of the victim." (ACPO, 2004, 2)
3. INTER-MINISTERIAL
DOMESTIC VIOLENCE
GROUP
In 2002, as a result of consultation
between myself and the Chancellor Gordon Brown, the Treasury brought
about the revival of the dormant Inter-Ministerial Group on DV.
This has become the main engine for bringing about change through
JUG. The group is headed by Baroness Scotland of the Home Office,
and includes senior ministers from inter alia Health; DCA;
ODPM (Housing [now Communities and Local Government (CLG) since
May 2006) and Education. The group meets at a ministerial level
at least quarterly to co-ordinate and initiate new DV policy.
Senior civil servants supporting the group meet more regularly
to carry out the detailed work. Before this group came into being,
there was little or no co-ordination or communication on DV issues
between departments and different parts of the country, resulting
in a huge waste of resources, lack of a spread of best practice,
and the response for the victim becoming a "post code lottery".
By way of example, at one point, there were two separate groups
in the Home Office and one in the DCA, working on the issues of
Data Protection and the sharing of information in DV cases, without
even being aware of each others existence.
An extremely successful piece of JUG
which could not have been contemplated in the Thatcher era, and
which was not without its difficulties for government due to the
competing interests of the two major DV charities, was the setting
up and funding by government of a national DV helpline (2003),
a project run jointly by Women's Aid and Refuge. Another example
of the role which JUG has played within the group has been the
creation in 2005, of a joint specialist unit in partnership between
the Home Office and the Foreign Office, to create the highly effective
Forced Marriage Unit. It is very unlikely that any of the initiatives
to be set-out below would have taken place without the authority
behind the Inter-Ministerial DV group, together with the active
support to it of both the Chancellor and PM.
Figure 3.1 below is a snapshot of many
of the projects which have been brought about since 1997, and
although I will not discuss them all within this essay, I still
feel the table still provides a valuable picture of how vital
JUG has been to the Labour government's policy on DV:
Figure 3.1
AN OVERVIEW OF DOMESTIC VIOLENCE PROJECTS
|
| Project | Initiatives/Area
| Research/Monitoring Body | Aims/Objectives
|
| Criminal and Civil Justice | — Intimidated witness support service (Brighton)
— "Standing Together": Making the Law work for women
— Co-ordinated Community Responses
| Criminal Policy Research Unit, South Bank University, London
| — To decrease police and CPS discontinuance levels and increase the number of individuals prosecuted and convicted
— Increase the number of initial reports and decrease repeat victimisations
— Raising Awareness and training of police and magistrates
|
| Protection and Intervention | — Use of Cameras and Development of a Multi-Agency Database (Thurrock)
— Alarm Systems (Wales)
| Criminal Policy Research Unit, South Bank University, London
| — To reduce repeat victimisations and the fear of reporting
— Enable women to stay in their homes and provide an improved and more integrated service to those experiencing violence
|
| BME | — Reducing DV Project (Birmingham)
— Victim Advocacy and Safety Counselling (Tower Hamlets)
— DV Advocacy Service (Croydon)
| University of East London | — To raise Awareness in Asian and other BME communities
— Reduce levels of violence and repeat victimisation
— Increase efficiency & protection through use of culturally sensitive services
|
| Health | — Early Intervention Project (North Devon)
— Enhanced Evidence Gathering Scheme (Salford)
— DV Programme (Birmingham)
— Primary Care Project (Wakefield)
| Faculty of Health & Social Care, South Bank University, London
| — To reduce repeat victimisations
— Improve Partnership Working
— Raise awareness amongst health professionals
— Encourage safe disclosures in health settings, improve access to support
— Improve training & awareness, recording & monitoring
— Developing information sharing protocols
|
| Multi-Service | — "Staying Put" (Bradford)
— Safety Net (Camden)
— Multi-Agency DV Project (Cheshire)
— Sunflower Centre (Northampton)
— Tools for Practitioners (Suffolk)
| School for Policy Studies, University of Bristol
| — To increase initial reporting
— Reduce repeat victimisation
— Increase women's self-esteem
— Develop multi-agency working
— Increase women's safety through screening
— Help lines and legal support
|
| Education & Awareness | — Violence Against Women Project (Bridgend)
— NSPCC Patchwork Initiative (North Yorkshire)
— STAR project (Southampton)
— Respect Initiative (Thurrock)
| Canterbury Christ Church University College
| — Raise Awareness
— Changes Attitudes
— Educate children and professionals and challenge existing attitudes through curriculum delivery, media campaigns, drama & websites.
|
|
Source: Home Office Website, "Tackling Domestic Violence: Effective Interventions & Approaches
http://www.homeoffice.gov.uk/rds/pdfs05/hors290.pdf, accessed on 20 December 2006)
|
4. POLICE AND
THE CRIMINAL
JUSTICE SYSTEM
Up until 1997, there was no national police policy
or training in respect of DV, and little or no acknowledgement
of its seriousness as an offence. The only relationship between
the police, other government agencies and NGO's, was that of mutual
distrust, the NGO's being regarded as dangerous feminist lead
organisations, hell-bent on destroying the "family",
and the NGO's regarding the Criminal Justice System, and other
governmental agencies, as being upholders of a patriarchal society
which endangered women and their children. The changes within
the police commenced rapidly from 1997 onwards, and were tied
up to the alterations in attitudes to hate and race crime. Pockets
of excellence developed throughout the UK, in particular in the
Metropolitan Police's Hate Crime Unit, which was significantly
also responding to the Lawrence Enquiry. (1999) A Met led project
named "Adhikhar International" in 2000, brought together
for the first time in true partnership NGO's, Criminal Agencies
and the Judiciary to initiate national policy changes.
The new Labour government had within it, female ministers
such as Harriet Harman (now Minister of State in the Department
for Constitutional Affairs), who had campaigned for DV victims
from a grass roots level throughout their political careers, and
were now in a position to provide government support and also
seek funding in order to effect change. A further factor was the
advent of the Office of the Mayor of London, and the election
of Ken Livingstone, himself a lifelong campaigner on issues of
DV. He appointed and funded renowned NGO leaders in the field
such as Anni Marjoram, to bring about joined-up change within
the capital, the good practice of which spread nationwide. By
way of example, the Mayor's DV newsletter has in effect, become
the national means of sharing current best practice and information,
"The Mayor published the London DV Strategy in November 2001.
It is the first citywide strategy to coordinate the work of organisations
dealing with the problem of DV".
(http://www.london.gov.uk/view_press—release.jsp?releaseid=1046,
24 December 2006)
Arising directly from the Adhikhar project, the government
supported and funded the "Raising the Standards" (DCA,
2003) inter-governmental initiative (which I Chair) from 2000
to date, whereby the governmental agencies and NGO's of England,
Wales, Scotland, Northern Ireland, the Channel Islands and the
Isle of Man, meet regularly to share and develop justice and other
policy initiatives throughout the British Isles, with one of the
published terms of reference being the, "Identifying and
sharing what is considered to be best practice in relation to
all aspects of dealing with victims and perpetrators of DV including
strategies leading to the prevention of future incidents".
(DCA, 2006, 2) Adikhar carried out a nationwide 24 hour snapshot
of reported DV incidents, providing for the first time a database
of the extent of the issue, and discovered for example, "An
average of 3% of all calls to the police for assistance are for
DV. This equates to over 570,000 each year". (Hall, 2004,
7)
In the newly proactive climate, the Association of
Chief Police Officers (ACPO), under its then lead, ACC Jim Gamble,
developed between 2002-06, the full partnership of NGO's and government,
agreement over national standards and training programmes for
all police officers, a policy on the disciplining of police officers
who were themselves perpetrators (annex 1), and a protocol between
the police and the Civil courts for the exchange of information
on perpetrators. Her Majesty's Inspectorate of Constabulary (HMIC)
followed this up with a year long thematic inspection report on
all 43 forces, with the recommendations being continually monitored.
The Crime Prosecution Service (CPS) in conjunction with ACPO and
other agencies developed a national proactive policy on the prosecution
of DV offences, with specialist training for all prosecutors,
and 43 specialist officers. Partnership between heads of ACPO
and the CPS was the foundation of the DV and Witnesses Act 2004,
which was personally initiated by the Prime Minister and taken
forward by Harriet Harman, through which the government consulted
nationally, including the Lord Chancellor's multi-agency DV Advisory
Board. As a good example of JUG in action, in every case were
police are called to an incident of DV regardless of the outcome,
if children are present in the home, a report is automatically
made to social services. (APCO, 2004)
Judicial training, non-existent pre-1997 at all levels
in this area, has been and continues to be expanded and improved.
Most recently in December 2006, the Family Justice Council, (of
which I am a member together with Chairing its Domestic Violence
Steering Group) in response to Lord Justice Wall's report into
the Women's Aid investigation into a growing number of deaths
during contact, made far reaching proposals for change within
the Family Justice System, including enhanced multi-agency awareness
training for all participants in the system.( summary Annex 2)
A national programme for training in DV awareness for all 100,000
plus lay magistrates is being rolled out nationwide by 43 nationally
trained specialist advisors.
As part of the 2004 DV Act, multi-agency homicide
reviews including voluntary organisations, the police and social
services and previously piloted by the Metropolitan Police, will
be rolled out nationwide to investigate and learn from the causes
of the current grim statistic that, "Two women are dying
each week and one man almost every other week". (Hall, 2004,
6)
The partnership between the DCA, Home Office, CPS,
Probation Service, Judiciary and NGO's, has lead to the creation
of nationwide multi-agency specialist DV Criminal Courts and the
first integrated DV Court located in Croydon (based on the New
York model and developed under advisance of the New York Court
System), by which the same Judge deals with all aspects of a case;
civil, family and criminal, operating a joined-up "one-stop
shop". In 2007 the government will be funding a national
network of Victim Advocates who will support the victim throughout
the court process and be his/her liaison with housing, health,
education, counselling and all aspects of the court process. This
support system is expected to lead to a dramatic reduction in
retraction of victim's statements, and vastly increase the rate
of successful prosecutions, in stark contrast to the situation
during the Thatcher era when, "Studies demonstrated the reluctance
of both the police and the CPS to pursue the prosecution process
in cases of domestic assault due to an unwillingness to `interfere'
between husband and wife". (Barron, 1990, 28e)
In the Family Justice System, the Family Justice Council
DV steering group has initiated in 2006, a national multi-agency
training programme on DV risk assessment and awareness, for all
43 local Family Justice Councils, and works in close partnership
with ACPO, other government agencies and NGO's, offering advise
to ministers in order to enhance the response of the family system
to DV. We distribute, in conjunction with the DCA, a quarterly
newsletter to the local justice councils and by their website,
including all the latest news and information. I have just completed
the development of a DVD, which will be distributed nationwide,
to prepare and explain to victims the court process of injunctive
relief and to act as training tool of best practice for practitioners
and judiciary at all levels. This is funded and developed as a
partnership between the FJC, DCA and the Family Law Bar Association
and is particularly aimed to assist victims from ethnic minorities.
It shows real judges, courts and women's aid workers in action—with
the voices of real survivors being heard. It was developed from
a similar DVD made in Northern Ireland and distributed through
the auspices of RTS- joined up governance in action this week!
5. HEALTH
Prior to 1997, apart from a small number of isolated
initiatives, there was no response within the health service to
DV despite the fact that, "The cost to the NHS for DV related
physical injuries is around £1.2 billion a year. Whilst the
estimated cost of cases related to mental health is an additional
£176 million". (Walby, 2004, 1) Indeed Ann Keen MP (PPS
to the Chancellor), told me of when she was a senior nurse at
a London teaching hospital, and requested the development of a
DV policy for the hospital, she was threatened with disciplinary
action is she persisted. The government have now appointed a national
DV advisor—to the NHS, and in 2006 published a series of
early intervention training guidelines to be distributed and supported
nationally. In 2004 DV was added to the curriculum for the training
of all medical students and the Nurse's Union CDNA in conjunction
with the DCA and APCO have developed national best practice guide
for health workers on the specialist DV issue of elder abuse.
Through the "Raising the Standards" initiative and the
work of the national health advisor—Christine Mann, a national
screening programme for all pregnant women has been brought into
effect throughout the British Isles. Figure 5.1 shows how important
the role of health workers is in identifying possible DV cases:
Figure 5.1
DOMESTIC VIOLENCE INCIDENTS IDENTIFIED
|
| Agency | DV Cases Identified
| |
| Year 1
| Year 2 | Total across years 1 & 2
|
|
| Health Visitors | 12 (11% of those screened)
| 24 (38% of those screened)
| 36 (20% of those screened)
|
Social Care Services:
Immediate Needs Team
| 11 | 34
| 45 |
|
Source: Home Office (2005) "Tackling Domestic Violence: Effective Interventions & Approaches, 33—
http://www.homeoffice.gov.uk/rds/pdfs05/hors290.pdf accessed on 20 December 2006
|
Despite the full co-operation of nurses, psychiatrists
and A&E staff, all bodies locally and nationally continue
to experience difficulties in engaging General Practitioners in
the multi-agency response to tackling DV, of particular importance
as GP's are often on the front line and first point of contact
for the majority of people seeking assistance, "Normalising
victimisation through failing to respond to the disclosures of
DV, either because of an acceptance that this is normal within
a relationship, or that violence is the outcome of non-compliance
with patriarchy". (Williamson, 2000, 184)
The NHS through its specialist advisor has however
been at the forefront of the particular current interest of the
Inter-Ministerial Group in developing a corporate and work-place
response to DV, with policies to assist employers to respond to
staff who are victims. In the case of the health service, research
carried out by the Corporate Alliance and the several Health Trusts
has disclosed that, "Employees are themselves subject to
domestic violence and so cost the service in terms of increased
sickness absence, lost productivity and medical and psychiatric
care. By raising awareness of the issue and implementing supportive
policies, the NHS will be helping to reduce the number of DV cases
and the costs to the service". (NHS, 2006, http://www.nhsemployers.org/practice/practice-222.cfm,
accessed on 20 December 2006). In 2007 the "Raising the Standards"
international conference will concentrate on the effects of DV
to industry, the conference being sponsored by major financial
institutions.
One of the primary reasons why we have been able to
make advances in the response of all agencies to DV in the UK
has been the acknowledgment—slow in coming—(led by
renowned child psychiatrics such as Drs Danya Sturge and Clare
Glazer from Great Ormond Street Children's Hospital) of the dire
effects DV has on the development of children and the cost to
society in terms of their health/housing costs,propensity to crime,
failure to make future successful partnerships and inability to
develop their educational economic potential. A £2 million
project commenced in 2006 as a partnership between Liverpool and
Manchester Universities and a major Merseyside teaching hospital
to study the effects over a five year period on the physical,
educational and psychological development of children living in
families where DV is present in comparison to a control group.
The children are selected and studied from in utero and I am proud
to be a board member and advisor to the project.
6. HOUSING/EDUCATION
Government sponsored research, having disclosed the
effects of DV on childhood development and education and the necessity
for early intervention, lead to the PM himself initiating a Cabinet
Office/DFES initiative taking the form of a "soap" opera
DVD to be shown in schools with a full teaching support package,
and is called "Watch Over Me", dealing amongst other
issues with DV and forced marriage. (I have copies with me to
give away). Similarly the Treasury sponsored "Sure Start"
(1998) pre-school scheme identifies small children effected by
living in a home in which DV is a feature, and employs councillors
and health workers to address their trauma. It has still proven
difficult due to pressures of the national curriculum and inevitable
costs, in order to have "Watch Over Me" utilised nationally,
and for DV awareness to become part of every schools personal
development programme, and this is still an area in which a great
deal of work is still required.
One of the most staggering statistics I came across
during research was that, "40% of all homeless women stated
that DV was a contributor to their homelessness . . . and DV was
found to be the single most quoted reason for becoming homeless".
(Hall, 2004, 7) Large amounts of government investment have also
been made in partnership with the women's organisations to upgrade
existing refuge provision to provide on-suite accommodation, with
the ability to also accommodate families with disabilities. A
growing number of refuge places are now funded through the CLG
department, including the recent "Safe Room" initiative
(2006), however there continues to be a long running disagreement
between the government and the entirety of the women's associations
over the funding of refuge places of those who constitute probably
the most vulnerable group of DV victims, namely immigrant women
who have not yet obtained the right to remain in the UK and therefore
have "no recourse to public funds".
7. DV POLICY DEALING
WITH BME COMMUNITIES
On the issue of violence Islam directs people in the
Qur'an. It states:
"O ye who believe! Stand out firmly for justice, as witnesses
to Allah, even against yourselves, your parents, or your kin,
whether it is against rich or poor, for Allah can protect both.
Follow not the lusts (of your hearts), lest you swerve, and if
your distort or decline to do justice, verily Allah is well-acquainted
with all that you do"1 Sura an Nisa 4:135
In recent years we in the UK have made the connection
between Forced Marriage, Honour Crime and Domestic Violence and
have reached out into the communities were these practices take
place and commenced a process of bringing perpetrators to justice,
supporting victims and most importantly, through education in
all its forms, seek to change hearts and minds.
In 2000 following an extensive consultation, the working
group on Forced Marriage published "A Choice by Right".
The Government has since produced guidelines for Police, Social
Services, education Professionals on tackling forced marriage
and will preparing similar guidelines for health Professionals
later this year. We have also commissioned international guidance
for lawyers.
My Government takes forced marriage very seriously.
It is a form of domestic violence and an abuse of the human rights.
Victims can suffer many forms of physical and emotional damage
including being held unlawfully captive, assaulted and repeatedly
raped.
"I sobbed. `I will come back, but I can't marry that man'.
Don't bother. In our eyes you're dead."
"Shame", Jasvinder Sanghera—2007.
The UK Government sponsored a series of six nationwide
multi-agency conferences, which I Chaired, between 2003-04 on
the issues effecting victims from the Asian community, with a
government minister speaking at each. The strength of a joined-up
response has been of particular value in this area, due to the
sensitivity and barriers created by cultural, religious and race
issues. ACPO has setup a specialist "honour" based violence
working group, which is developing a co-ordinated national police
response, and sponsoring research into, this increasingly recognised
form of DV. The government, again through the Inter-Ministerial
group, is using its now established procedures for multi-agency
engagement in seeking to develop an effective response, in particular
utilising the auspices of the Women's National Commission, to
consult and engage with otherwise hard to reach Asian women's
organisations. Specialist BME refuge's and out-reach services
are being setup nationally and in conjunction with Derby University
in 2006, developed a government sponsored mentoring scheme for
victims of forced marriage.
The British Council and the Foreign and Commonwealth
Office have undertaken an extensive three year programme to tackle
Honour Crime in Sindh- including a World Conference, education
and media programmes. Last week I was in Karachi with Her Majesty's
Inspector of Constabulary—Robin Field-Smith and a team of
officers from South Yorkshire and the Metropolitan Police, as
part of that ongoing work.
Forced marriage is not solely a "Muslim"
or "South Asian" problem. The Forced Marriage Unit (FMU)
has dealt with cases from East Asia, Africa, the Middle East and
Europe. Freely given consent is a prerequisite of Christian, Jewish,
Hindu, Muslim and Sikh marriages.
It affects both young women and young men—around
15% of the cases the FMU deals with involve males.
What help is there available for people at risk of forced marriage?
If anyone fears they may be forced into marriage overseas,
or know someone else who may be, the FMU can help. The sooner
they know about the case, the more they can do to help. The FMU
can be contacted by calling 020 7008 0230, 020 7008 0135 and 020
7008 8706 or e-mailing fmu@fco.gov.uk. All calls and e-mails will
be dealt with on a confidential basis by skilled caseworkers fully
aware of the cultural, social and emotional issues surrounding
this abuse.
As well as giving advice, our caseworkers can also
take practical steps to intervene is we are asked to do so. For
example, they can liaise with other authorities for young people
in the UK to be made a ward of court and their passports confiscated
to prevent them being taken and married overseas. If the young
person has already been taken overseas, FCO consular staff can
work with the local police and judiciary to try to help those
at risk, and, in extreme cases, can mount a "rescue mission"
to rescue and repatriate victims.
Over the last four years, the Government has helped
almost 1000 cases of forced marriage and has rescued and repatriated
around 200 young people from overseas. However, many more cases
are not reported and others are dealt with by other agencies.
The minimum age for marriage entry clearance has
been raised from 16 to 18. This is to give those who face forced
marriage extra time in which to mature and resist familial pressure
to enter a marriage that they do not want. In support of this
an extra entry clearance officer has been established in
Islamabad. This officer will help these reluctant spouses, as
well as assisting those who have been abandoned in Pakistan by
their partners, and who have a right to return to the UK. This
increases our ability to support victims and stop further abuse
in the wake of forced marriage.
The Forced Marriage Unit also undertakes a great deal
of publicity, outreach and awareness raising work to target
communities. They speak at around 75 events each year across the
UK. They also work closely with the media and have appeared in
everything from Eastern Eye to Dear Deidre in The Sun. They have
funded missdorthothy.com to provide a range of videos and online
resources particularly aimed at young people. One of these videos
is the "Someone to watch over me" soap, a copy of which
has been distributed to every secondary school. They also acknowledge
the work the community themselves are undertaking on this issue.
For instance, a range of youth, women's and race groups have been
campaigning on this issue for many years, and it is usually women's
groups who organise awareness raising events to which we are invited.
Faith groups too are playing a role—for example, there has
been a conference of Imams in Tower Hamlets, the Sikh community
in Walsall has held events, and the Muslim Parliament is very
active.
The Home Office has also provided funding for a National
Forced Marriage Steering Group bringing together partners
from the voluntary sector, statutory agencies and central government.
On 26 January 2005 the Home Office and Foreign and
Commonwealth Office launched a new joint Forced Marriage Unit.
The new unit is a one-stop shop to undertake policy, projects
and give practical advice to people at risk of being forced into
marriage. The Unit works closely with a wide range of community
groups, women's groups and NGOs in combating forced marriage.
The UK Police initiatives have been led by the Metropolitan
Police and I wish to pay credit here to Commander Steve Allen
and Laura Richards of the Homicide Prevention unit and to Nazir
Afzal of the Crown Prosecution Service for their dedication to
the victims of murder in the name of so called honour. They have
developed new and innovative ways of analysing, understanding,
investigating and preventing honour based violence. Their work
has informed Police training and best practice nationally particularly
with regard to risk assessment and risk management. They have
concluded that there is no typical case of Honour Based Violence
(HBV). Honour Killings are "atypical" and they fall
within the "umbrella" of honour crime and hbv. Many
of these crimes are interlinked—being drivers for one another.
— Female genital mutilation.
Victims are often subject to psychological pressures
that can lead to mental breakdown, self-harm and even suicide.
We are not judging cultures we are judging murderers
and those that shield them from justice.
Most countries have signed up to Human Rights conventions
and there has been a great deal of research and international
co-operation on these issues yet we seem powerless to date to
effect change. We now understand the misguided concept of "Honour"
that crime committed in its name is based in feudalism, lack of
education and denial of the fundamental human rights of women.
We acknowledge that it is forbidden by all of the major religions
and in particular Islam. I believe that change will only come
when there is determined, assertive, consistent action by governments,
faith leaders, judiciary, police, the media and educationalists.
Abu Said Al Khudri narrates that he heard that
Prophet (PBUH) say "Whosoever of you sees an evil action,
let him change it with his hand; and if he is not able to do so,
then with his tongue; and if he is not able to do so, then with
his heart, and that is the weakest of faith".[252]
This hadith of the Prophet places an obligation on all Muslims
to stop abuse actively. It is actually a sign of a deficient heart
if all the Muslim does is feel that an action is evil, but takes
no action.
— Governments need to enact legislation that
outlaws all forms of Honour crime. Only this week our Prime Minster
has given his personal support to the enactment of legislation
making Forced Marriage unlawful (annex 4) They need to make funds
available (with international help if needed) for training of
professionals, education in schools, Media campaigns, protection
of potential victims and support of NGOs.
— Faith leaders are needed to educate their
communities to understand that such crimes are abhorrent to God
and all religions The Qur'an forbids any equation where the
product is violence or abuse. The Qur'an says "Let there
be a community (or Ummah) among you, advocating what is good,
demanding what is right, and eradicating what is wrong. These
are indeed the successful (3:104). You are the best community
ever raised; you enforce what is right, fight what is wrong, and
believe in Allah (3:110).
— Police need to develop and enforce best
practice and training so that thy protect the victims and not
the perpetrators. Our Police have been at the forefront of seeking
to outlaw Forced marriage (Annex 3) The Qu'ran states that
"Indeed if any do help and defend themselves after a wrong
(done) to them, against such (them) there is no blame. The blame
is only against those who oppress by wrongdoing and insolently
transgress beyond bounds through the land, defying right and justice,
for which there will be a penalty grievous".[253]
1 Sura ash Shura 42:41/42
— The Judiciary must be well trained to understand
the causes and effects of Honour based crime. They have a clear
and heavy duty to protect the oppressed without fear or favor.
Not only must they ensure that laws are enforced but also put
in place measures so that the courts are safe places which victims
can access without suffering further at the hands of their oppressors,
Our Judiciary have been at the forefront of developing innovative
ways of using the civil law to prevent Forced Marriage and protect
its victims and have been major supporters of the new proposed
legislation.
The Qur'an states that "And him that seeks thy
help thou shalt never chide"
8. CONCLUSION
The Labour Government's record on tackling DV through
the use of JUG has been successful to a degree, however as with
other core New Labour policy initiatives, there have been significant
problems. As with other projects utilising JUG, there have been
the usual difficulties associated with adopting a more holistic
approach to governance, namely issues of accountability, the institutionalising
of new structures, a lack of clear communication of aims and objectives
by central government, and a scarcity of funding. One has to recognise
that in some areas, political rhetoric and "sound bites"
have not been backed up with adequate resources. An example of
this came following the DV Act (2004), in which despite the Treasury
being in full knowledge of what it costs not to deal with DV issues,
it has still proved very difficult for the respective agencies
and projects to obtain long term funding. Although the Act came
into force in 2004, due to this lack of funding most of the provisions
will not actually come into effect until July 2007, and this was
only after a sustained period of pressure from both within and
outside of the government, including senior ministers and members
of the judiciary. This is even more surprising as the Chancellor's
wife is a patron of the Women's Aid organisation and Cherie Blair
QC has been a high profile DV campaigner and supporter of Refuge,
however maybe due to the fact that DV is often perceived as a
"women's issue", this has in turn hampered efforts when
decisions are made in the Treasury under electoral related pressures.
A report on the government's record in this area entitled,
"Making the Grade" (2005), identified key failings,
including an inadequate response in some regions of the UK due
to a lack of effective police training, and a severe lack of response
by some social services due to a lack of understanding and resources,
"The report identifies that in almost every area a more integrated
and co-ordinated approach would bring about huge benefits.
"Attempts at inter-departmental working and partnerships
are evident, but are duplicated across DV, sexual offending, prostitution
and trafficking. The Home Office could really take the lead in
co-ordinating cross-departmental work and it is disappointing
to see it is still not reaching its full potential in all areas
in this regard." (Women's National Commission, 205, 27)
Whilst there have indeed been clear problems, I believe
however that the situation for DV victims is significantly better
now than it was pre 1997, and JUG has played an invaluable role
within the achievements and changes which have been brought about
since 1997. There is of course a lot of work still to be done,
but the Labour government has identified and attempted to tackle
an issue which lies at the core of many of society's problems
through a circle of violence, the extent to which is still being
discovered. If New Labour has started a process which will eventually
lead to the long term reduction in the number of people within
the UK who are victims of DV, then this could definitely prove
to be an area in which the Blair legacy is a positive one. I have
no doubt at all that any future UK government of any persuasion
would continue the improvements that have been made—public
opinion would not allow other wise and the Conservative party
of today is a very different creature from the past—indeed
its leader David Cameron has been advocating the criminalisation
of Forced Marriage.
Funding and the lack of it is a constant difficulty
for those wishing it bring about improvements for victims of DV
and child abuse in the affluent First World. NGOs are swamped
and under resourced and receive only short term funding making
it very difficult for them to plan ahead. Many women continue
to be turned away from refuges due to lack of space. These problems
are magnified a thousand fold in developing nations. However,
many of the advances I have outlined above have come about due
to changing attitudes and methods of practice and by inspired
leadership from very small number of men and women of good will
and insight. Much can be achieved on small budgets particularly
if there is cooperation between agencies, countries and regions
in seeking to find solutions suitable for Asian culture and circumstances
and if we in the privileged first world stand alongside our brothers
and sisters offering our support, encouragement, advances and
wherever possible finances. Our Prophet (PBUH) was a man who dreamed
big dreams and so must we.
Marilyn Mornington
8 March 2007
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