Alia Hogben, Executive Director of CCMW, was asked to present to the Senate Committee on Human Rights. You can watch the clip here.
You can also read the presentation below:
Bill S-7 – An Act to amend the Immigration and Refugee Protection Act; the Civil Marriage Act; and the Criminal Code, and to make consequential amendments to other Acts. This Act can be referred to as Zero Tolerance for Barbaric Cultural Practices Act.
The Canadian Council of Muslim Women thanks the Committee for this opportunity to respond to this proposed Act.
Within the allocated five minutes I will focus on the most significant issues.
Our organization of believing Canadian Muslim women has been working to improve the lives of women and their families by collaborating with sister organizations, advocating for their full participation, development of educational resources on Islam and Canadian values and norms. It is critical for us that our objectives are founded on the shared values of Islam and the Canadian Charter – equality, social justice and compassion.
First let me acknowledge how pleased we are that the government is paying attention to these issues within Violence against women and girls. There is definitely a kernel of genuine concern being expressed by this Act, and we support the intent of addressing the issues of forced/early marriages, polygamy and other forms of gender based violence.
However, it is unclear and puzzling regarding the government’s rationale for creating these new amendments. The reality is that all the issues raised can be dealt with under existing laws, as the current legal framework is sufficient.
What is badly lacking is the application and enforcement of the current legal provisions.
We are sure that the government means well, and so we highly recommend that the lack of adequate resources for the system should be addressed promptly. What is required is increased effective supports to be provided for ALL victims – immigrants and other Canadian women and girls. There is no need to focus on one group of families and women, such as immigrants, when we know there is widespread violence against women in all strata of our society.
The highly disturbing issue which affects, not only Canadian Muslim women, but all women, is the title of the Act. It is disheartening that we Canadians would use such language for any of our legislation.
The title is racist, discriminatory and further exacerbates the racism and stereotyping of some of us in Canadian society.
The overt message of this Act is that these barbaric practices will be brought into pristine Canada where there is no violence; where women and girls are not subjected to these horrible practices of forced or early marriages; where polygamy is abhorred; and where there is no femicide – no killings of women and girls.
As one example, please let us not ignore how little has been done for the women in the Mormon community of Bountiful, where many of these “barbaric” practices are taking place.
The Mormon community has been using most of these practises since the 1950s. Their justification is based on their “religious freedom,” and as a society we have been reluctant to address the welfare of the Mormon women and girls. A question which needs clarification is how will the government deal with other religious communities such as the Muslims, who may also use the same argument of “religious freedom” for the practice of polygamy?
Why would our government committed to a Constitution which includes the Charter of Rights and Freedoms, and the Multicultural Act consider using such racist language?
So what should be done? We do not need these amendments. Rather we must strengthen the existing legislation and policies so that they are implemented promptly and appropriately. We must strengthen our resolve and our commitment to ensure that there are adequate resources, across the country, to provide essential services and to do this for all Canadian women and girls. Included in these services are educational programs in schools, with families and with service providers.
We commend the government for playing a leading role, with Zambia at the U.N, on banning child marriages and forced marriages, and would suggest that using the language of “barbaric practices” will not be seen as nuanced and sensitive at the UN.
Thank you for your consideration.
