R.m.m.wallace April 2008 Women Refugees in Conflict and Post Conflict Situations. The Challenges and...

r.m.m.wallace April 2008

Women Refugees in Conflict and Post Women Refugees in Conflict and Post Conflict Situations.Conflict Situations.

The Challenges and The Challenges and Opportunities.Opportunities.


International ContextInternational Context

Vienna Declaration and Programme of Vienna Declaration and Programme of Action 1993;Action 1993;

Declaration on the Elimination of Violence Declaration on the Elimination of Violence Against Women 1993; See also SG Report Against Women 1993; See also SG Report 2006; and GA Resol. Jan 2007;2006; and GA Resol. Jan 2007;

CEDAW;CEDAW; Yugoslavia, Rwanda, Sierra Leone, SudanYugoslavia, Rwanda, Sierra Leone, Sudan UNHCR Ex Comm;UNHCR Ex Comm; 2002 Global Gender Related Guidelines 2002 Global Gender Related Guidelines

UNHCRUNHCR


GenderGender Not same as biological sex. Not same as biological sex. Refers to socially & culturallyRefers to socially & culturally constructed constructed

experience of being woman/man & experience of being woman/man & power power relations relations betweenbetween them them

Affects women’s/men’s social identity, status, Affects women’s/men’s social identity, status, roles &roles & responsibilities. responsibilities.

Gender relations & gender differences are Gender relations & gender differences are historically,historically, geographically & culturally specificgeographically & culturally specific

What it means to be a woman/man may vary over What it means to be a woman/man may vary over time/place & may be affected by other factors, time/place & may be affected by other factors, e.g. race, age, class & marital status.e.g. race, age, class & marital status.


Definition of refugeeDefinition of refugeeA person who;A person who;

““owing to a well-founded fear of being owing to a well-founded fear of being persecuted for reasons of race, religion, persecuted for reasons of race, religion, nationality, membership of a particular nationality, membership of a particular

social group, or political opinion, is social group, or political opinion, is outside the country of his nationality and outside the country of his nationality and

is unable, or owing to such fear, is is unable, or owing to such fear, is unwilling to avail himself of the protection unwilling to avail himself of the protection

of that country; or who, not having a of that country; or who, not having a nationality, and being outside the country nationality, and being outside the country

of his former habitual residence as a of his former habitual residence as a result of such events, is unable, or owing result of such events, is unable, or owing to such fear, is unwilling to return to it.”to such fear, is unwilling to return to it.”


Gender in asylum claimsGender in asylum claims

Asylum seeker may be persecuted in a Asylum seeker may be persecuted in a ·· gender specific manner gender specific manner for reasons for reasons

unrelated to gender (e.g. raped because unrelated to gender (e.g. raped because of membership of political party), of membership of political party),

·· may be persecuted in may be persecuted in non-gender non-gender specific manner, specific manner, but because of gender but because of gender (e.g. flogged for refusing to wear veil), & (e.g. flogged for refusing to wear veil), &

·· persecuted in persecuted in gender specific manner &gender specific manner & because of gender because of gender (FGM or honour killing).(FGM or honour killing).


Barriers Women have had to Barriers Women have had to Surmount Surmount

Convention definition gender neutralConvention definition gender neutral Jurisprudence – developed from male Jurisprudence – developed from male

perspectiveperspective Women experience gender specific Women experience gender specific

persecutionpersecution Procedural & evidential requirements not Procedural & evidential requirements not

equally accessible to women & menequally accessible to women & men Response to increased awareness of role Response to increased awareness of role

of gender of gender


Particular social groupParticular social group

UNHCR definition:UNHCR definition:

““a group of persons who share a common a group of persons who share a common characteristic other than their risk of being characteristic other than their risk of being persecuted, or who are perceived as a persecuted, or who are perceived as a group by society. The characteristic will group by society. The characteristic will often be one which is innate, often be one which is innate, unchangeable, or which is otherwise unchangeable, or which is otherwise fundamental to identity, conscience or the fundamental to identity, conscience or the exercise of one’s human rights.” exercise of one’s human rights.”


Examples of particular social groupExamples of particular social group

unprotected ---women subject to unprotected ---women subject to wife abuse”;wife abuse”;

““women who have more than one women who have more than one child and are faced with forced child and are faced with forced sterilisation”; sterilisation”;

““women”;women”; ““family”;family”; ““former victims of traffickingformer victims of trafficking””


UK CasesUK Cases

R.v Immigration Appeal Tribunal, ex p R.v Immigration Appeal Tribunal, ex p Shah and Islam HL Shah and Islam HL [1999] 2 AC 629;[1999] 2 AC 629;

Secretary of State for the Home Secretary of State for the Home Department (Respondent) v. K (FC) Department (Respondent) v. K (FC) (Appellant) Fornah (FC) (Appellant) v. (Appellant) Fornah (FC) (Appellant) v. Secretary of State for the Home Secretary of State for the Home Department (Respondent) Appellate Department (Respondent) Appellate Committee Committee [2006] UKHL 46.[2006] UKHL 46.

SB SB (PSG-Protection Regulations- Reg (PSG-Protection Regulations- Reg 6)Modova CG [2008] UKAIT 000026)Modova CG [2008] UKAIT 00002


Guidelines in the Determination Guidelines in the Determination ProcessProcess

IRB Guideline on Women Refugee IRB Guideline on Women Refugee Claimants Fearing Gender-Related Claimants Fearing Gender-Related Persecution 1993, updated 1996 & Persecution 1993, updated 1996 & 2003.2003.

US Gender Guidelines 1995US Gender Guidelines 1995 Guidelines on Gender Issues for Guidelines on Gender Issues for

Decision Makers (Australia 1996)Decision Makers (Australia 1996) United Kingdom 2000United Kingdom 2000 Sweden 2001Sweden 2001


What Gender Awareness does What Gender Awareness does NOT doNOT do

dilute the standard of proof dilute the standard of proof demanded for a claim to succeed.demanded for a claim to succeed.

open the ‘floodgates’open the ‘floodgates’


Nation Building Nation Building The Four RsThe Four Rs

Repatriation;Repatriation; Reintegration;Reintegration; Rehabilitation;Rehabilitation; Reconstruction. Reconstruction.

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