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LEAD NGO www.cear.es GENDER-RELATED ASYLUM CLAIMS IN EUROPE ASYLUM GENDER-RELATED OFICINAS CENTRALES C/ General Perón 32, 2º drcha. 28020 MADRID Tel: 915980535 - Fax:915972361 DELEGACIONES: Cataluña, Extremadura, Valencia, Euskadi, Canarias, Madrid, Andalucía The Spanish Ministry of Labour and Immigration co-financed the project. PARTNERS co-financed by the European Commission GENSEN PROJECT European Refugee Fund – Community Actions 2009 GENDER-RELATED ASYLUM CLAIMS IN EUROPE: COMPARATIVE ANALYSIS OF LAW, POLICIES AND PRACTICE FOCUSING ON WOMEN IN NINE EU MEMBER STATES FRANCE, BELGIUM, HUNGARY, ITALY, MALTA, ROMANIA, SPAIN, SWEDEN AND THE UNITED KINGDOM May 2012 1 GENDER-RELATED ASYLUM CLAIMS IN EUROPE ACKNOWLEDGMENTS This report was written by Hana Cheikh Ali, Christel Querton and Elodie Soulard. The partners involved in the project were the Comisión Española de Ayuda al Refugiado (Spain – coordinator), France terre d´asile (France), Asylum Aid (United Kingdom), Consiglio Italiano per i Rifugiati (Italy) and the Hungarian Helsinki Com- mittee (Hungary). The research was undertaken by: Belgium and France: Elodie Soulard (France terre d’asile) Hungary: Gruša Matevžič (Hungarian Helsinki Committee) Italy: Daniela Di Rado (Consiglio Italiano per i Rifugiati) Malta: Daniela Di Rado and Anna Galosi (Consiglio Italiano per i Rifugiati) Romania: Bianca Albu and Luiza Burlibasa (Jesuit Refugee Service) Spain: Hana Cheikh Ali (Comisión Española de Ayuda al Refugiado) Sweden: Maria Bexelius (Consultant for Asylum Aid) United Kingdom: Christel Querton (Asylum Aid) Cover designed by Rami Abbas www.ramiabbas.blogspot.com.es Design and layout by Jesús Correal This comparative analysis was the main activity of the GENSEN project aiming at enhancing gender-sensitivity and a harmonised approach to gender issues in Euro- pean asylum practices in order to better identify and serve the needs of vulnerable asylum seekers. This project was co-financed by the European Commission through the European Refugee Fund (October 2010-May 2012). We would like to thank all the women asylum seekers and refugees who accepted to be interviewed for the purpose of this research. We are also grateful for all the lawyers, advocates, UNHCR, OIM, national authorities, reception centres, NGOs and judges who responded to the questionnaires. Additional support was provided by Nuria Díaz Sacristán, Gábor Gyulai, Russell Hargrave, Asisé Mateo, Ramiro Muñiz-Garcìa, Debora Singer and Matthieu Tardis. 2 3 ACKNOWLEDGMENTS The GENSEN partners would also like to thank all those who participated in the Ex- perts Meeting in September 2011 on Enhancing the Inclusion of Gender in Asylum Policies and Practice in Europe: Selmin Caliskan - European Women’s Lobby; Ian Cheeseman – UK Border Agency; Mirela Grozdanic – Swedish Migration Board; Maria Hennessy – European Council on Refugees and Exiles; Sabine Jansen – COC Netherlands; Catriona Jarvis – judge of the Immigration and Asylum Chamber UK; Jean Lambert – Member of the Euro- pean Parliament; Joël Le Déroff – International Lesbian, Gay, Bisexual, Trans and Intersex Association Europe; Florence Malvasio – French National Court of Asylum; Didier Mouton – European Asylum Support Office; Frances Nicholson – Regional Representative for Western Europe UNHCR; Fadela Novak-Irons – Bureau for Euro- pe UNHCR; Elise Petitpas – Amnesty International EU Office; and Andrej Zernovski – Parliamentary Assembly of the Council of Europe. 2 3 GENDER-RELATED ASYLUM CLAIMS IN EUROPE ACRONYMS CEAS Common European Asylum System CEDAW Convention for the Elimination of All Forms of Discrimination against Women CCE The Belgian Council for Aliens Law Litigation (Conseil du contentieux des étrangers) CGRS Belgian Office of the Commissioner General for Refugees and Stateless Persons CNDA French National Court of Asylum (Cour nationale du droit d’asile) COI Country of Origin Information EAC European Asylum Curriculum EASO European Asylum Support Office ECRE European Council on Refugees and Exiles EMHRN Euro-Mediterranean Human Rights Network ERF European Refugee Fund EU European Union ExCom Executive Committee FGM Female Genital Mutilation FRA European Union Agency for Fundamental Rights GBV Gender-based violence IAC Immigration and Asylum Chamber (UK) LGTBI Lesbian, gay, bisexual, trans and intersex people NGO Non-Governmental Organisation OAR Spanish Office for Asylum and Refuge OPT Occupied Palestinian Territory OE Belgian Aliens’ Office (Office des étrangers) OFPRA The French Office for the Protection of Refugees and Stateless Persons (Office français de protection des réfugiés et apatrides) OIN Hungarian asylum authority – the Office for Immigration and Nationality PACE Parliamentary Assembly of the Council of Europe QADT The United Kingdom Border Agency Quality Audit and Development Team RIO-DAI Romanian Immigration Office – Directorate for Asylum and Integration SMB The Swedish Migration Board TC Italian Territorial Commissions UKBA United Kingdom Border Agency UNHCR United Nations High Commissioner for Refugees 4 5 ACRONYMS 4 5 GENDER-RELATED ASYLUM CLAIMS IN EUROPE Contents I. Introduction and Background ....................................................................................... 8 II. Methodology ...................................................................................................................12 III. Legal Framework ..........................................................................................................15 i. International Legal Framework ..............................................................................15 ii. European Legal Framework ...................................................................................17 IV. Gendered Statistics on asylum applications and decisions ..................................20 V. Gender Guidelines ......................................................................................................... 29 i. Introduction ............................................................................................................. 29 ii. Implementation of UNHCR Gender Guidelines .................................................. 31 iii. Adoption of national Gender Guidelines ........................................................... 34 VI. Refugee Status Determination Process .................................................................... 38 i. Introduction ............................................................................................................. 38 ii. Legal Framework ................................................................................................... 38 iii. Interpretation of persecution .............................................................................. 40 iv. Forms of Persecution ............................................................................................ 43 v. Gender related persecution by non-State actors ................................................ 52 vi. Interpretation of the Convention Grounds ........................................................ 55 vii. Credibility and evidence ..................................................................................... 77 viii. Country of Origin Information ......................................................................... 89 ix. Internal flight alternative .................................................................................... 92 x. Safe countries of origin ........................................................................................ 98 xi. Audits ................................................................................................................... 102 VII. Asylum Procedures .................................................................................................. 104 i. Introduction ........................................................................................................... 104 ii. International and European Legal Framework ................................................ 104 iii. Border Procedures .............................................................................................. 106 iv. In-Country Procedures ....................................................................................... 109 v. Accelerated and prioritised procedures ............................................................. 116 vi. Women and victims of gender-based violence: a vulnerable group with special procedural needs? ...................................... 118 vii. Interviews .......................................................................................................... 123 viii. Subsequent applications ................................................................................. 133 ix. Dublin ................................................................................................................. 135 x. Appeals ................................................................................................................. 136 6 7 CONTENTS VIII. Training of interviewers, decision-makers and legal representatives ........ 140 i. Interviewing officers and decision-makers at the first instance level .......... 140 ii. Judges ................................................................................................................... 142 iii. Legal representatives ......................................................................................... 143 IX. Reception conditions for women asylum seekers .............................................
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