women’s asylum news refugee women’s resource project @ asylumaid issue number 69 September/October 2007

In this issue Unlawful Detention of Woman and Children Leading article: Unlawful Detention of Woman and Children The High Court of Justice (Administrative BID launch ‘Refusal Factory’ Court) has ruled that the detention of a p.1-4 breastfeeding Jamaican woman and her 4- year-old daughter and 10-month-old son for RWRP news: Response on the Minister for nearly four months was unlawful1. Women’s Priorities Compounding this decision was the p.4-5 ‘foreseeable and avoidable’ medical impact on the youngest child, the psychological well Sector Update: being of the mother and the length of time Support for Pregnant Women under Section 4 held in detention. This case is significant p.5 because it argues that the detention of a woman and children beyond a reasonable UK news, conferences and courses period can breach their human rights. p.5-9

This article will outline the key details of the International news case and the legal analysis and rationale for p.9-13 the ruling. New UK and international publications p.13-14 Case information th Claimant A arrived in the UK on the 29 For Refugee Women October 2002 from Jamaica then aged 18 p.14-15 with her then 18-month-old daughter (claimant C). They were granted temporary Noticeboard: events admission but were required to return to p.15 Jamaica on the 6th November 2002. However they failed to and Claimant A made Web-based Survey: Asylum Rights Watch no contact with immigration agencies from p.15 November 2002 until she was arrested on 29th July 2005. After interviews with If you want to subscribe to our free bulletin immigration officials, Claimant A revealed ‘women’s asylum news’ by email, please send your her living arrangements with her cousin and details to [email protected] or Tel: 0207 friend between November 2002 and July 354 9631. Details of all of our publications to 2005. During that time she had also had a download or order) can be found online at: son (Claimant D), born in October 2004. www.asylumaid.org.uk. Please send any information that you would After her arrest, Claimant A claimed asylum like to see published in our and agreed to report to Gatwick Airport, nd November/December edition by 2 along with her children in August 2005 to November 2007 to: [email protected] (for postal address see back cover). 1 [2007] EWHC 1654 (Admin) Case No: CO/9745/2005 wan issue number 69 September/October 2007

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begin the fast-track process. Claimant A not normally detained for more than a few was aware that she, together with her two days. Whilst this covered most children would be transferred to Oakington circumstances where detention of a family Detention Centre where she expected to be might be necessary, it did not allow for those held for approximately 14 days. Within a occasions when it is justifiable to detain fortnight Claimant A’s asylum claim was families at other times for longer than just a refused and certified as clearly unfounded few days. Accordingly, families may, where and a written decision was served on 15th necessary, not be detained at other times August. After this date it was decided to and for longer periods than just immediately keep the claimants in detention as they were prior to removal. This could be whilst their considered at risk of absconding. The family identities and basis of claim are established, remained in detention until 1st December or because there is a reasonable belief that 2005. Upon their release, the young son they would abscond…” had developed rickets and anaemia and the mother had experienced severe depression Beverly Hughes, the then Minister for and suicidal thoughts. Citizenship and Immigration also reiterated this shift in a House of Commons debate on Unlawful Detention 8th May 2003. Mr Justice Wyn Williams was asked to assess whether the detention of the family from 2nd Mr Justice Wyn Williams then discussed key August – 1st December 2005 was deemed cases to decipher whether the detention of unlawful. His assessment drew upon the claimants could be considered lawful. He legislative frameworks and legal arguments included the case of R (Saadi) & others2 around detention of families as applicable to and Saadi vs the United Kingdom3. Here this specific case. the claimants argue the detention of families and children is unlawful as it is incompatible He outlines the policy context since the 1998 with Article 5 (1) of the European White Paper ‘Firmer, Faster, Fairer’ which Convention of Human Rights (ECHR) and considers that: Articles 3 and 37 (b) of the United Nations Convention of the Rights of the Child “the detention of families and children is (UNCRC). However the UK has entered a particularly regrettable, but is also reservation on the applicability of the UNCRC sometimes necessary to effect the removal stating that: of those who have no authority to remain in the UK, and who refuse to leave voluntarily. “The reserves the right to Such detentions should be planned to be apply such legislation in so far as it relates to effected as close to removal as possible so the entry into, stay in and departure from as to ensure that families are not normally the United Kingdom on those who do not detained for more than a few days” have the right under the law of the United Kingdom to enter and remain in the United The ‘Secure Border, Safe Haven’ White Kingdom, and to the acquisition and Paper of 2002 states that: possession of citizenship, as it may deem necessary from time to time” “It is especially important in the case of families that detention should only be when In the Court of Appeal for Saadi, Mr necessary and should not be for an Fitzgerald QC agreed that the Home Office excessive period. It was previously the case policy to detain fast-track asylum applicants that families would, other than as part of the fast-track process at Oakington Reception Centre, normally be detained only in order to 2 R Saadi v secretary of state for the Home effect removal. Such detention would be Department [2002] 1 WLR 3131 planned to take place as close to removal as 3 Saadi vs the UK Grand Chamber of the European possible so as to ensure that families were Courts of Human Rights Application number 13229/2003 wan issue number 69 September/October 2007 2 women’s asylum news

is not unlawful as long as detention is limited submitted regarding the Claimants’ removal, to approximately seven to ten days. Within the implied deportation date was two this legislative context, Mr Justice Wyn months, the 13 October 2005. Mr Justice Williams confirms that the detention of Wyn Williams states that: claimant A and her children at Oakington as part of the fast-track procedure from the 2nd “In my judgement a period of detention of –15th August was in line with current and two months, more or less, for these lawful policy. Therefore, the claimants’ legal Claimants was unreasonable and would have challenge that the Home Office’s detention been recognised as being unreasonable by a policy is unlawful failed. decision maker who turned his or her mind to such a period of detention. The detention However, in this particular instance period, after all, was coming immediately Immigration Officials decided to continue to after a period of 13 days in detention when detain the family post the 15th August after the fast-track procedures were operated. the fast-track ruling. This decision was The detainees were a young woman and two based on the following criteria: very young children.”

1) The claimant did not have enough close He further asserts that the transfer of the ties to stay in one place claimants to Yarls Wood on the 14th 2) Had previously failed to comply with September 2005, with no removal direction condition of entry in place, “amounted to detention beyond a 3) Had previously absconded reasonable period of time.” 4) Had previously used or attempted to use deception During this time medical issues arose 5) Had failed to give satisfactory answers regarding Claimant A’s mental well-being. to immigration officers She reported to medical staff that she was 6) Had previously failed to leave the UK contemplating suicide and expressed ideas of when required to do so placing her children for adoption rather than returning with them to Jamaica. In addition, In his assessment, Mr Justice Wyn Williams Claimant D had developed anaemia and states on the contrary that the claimant did rickets whilst in detention and according to have adequate close ties with whom she and evidence submitted: “D’s care fell short of her children had stayed since arrival in 2002. that to be expected of primary childcare In addition, claimant A did prioritise services. Indeed, as I understand from Dr schooling of her children and notably Michie’s report the level of care afforded to D presented herself and her children in August was completely inadequate” 2005, knowing she would face immediate detention. Therefore, he concludes: Mr Justice Wyn Williams declared that the detention of the claimants after the 15th “I do not consider that strong grounds August 2005 was unlawful and a breach of existed for believing that the First Claimant Article 5 of the ECHR (arbitrary detention). would not comply with conditions of Moreover, he declared the lack of medical temporary admission or temporary release care and attention given to Claimant D and I do not consider that all reasonable breached his right to ‘physical integrity’ alternatives to detention were properly under Article 8 of the ECHR. The issue of considered… That means that the decision to damages was to be determined at a later detain was unlawful and the detention itself date. was unlawful and an infringement of Article 5 ECHR.” One of the key contentions for Mr Justice Wyn Williams was the lack of considerations into the length of time Claimant A and her children were to be detained. In evidence

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Related news woman was detained for eleven months. BID assert that there is no sufficient system ‘Refusal Factory’: Women’s experiences in place to identify and release women who of the Detained Fast Track asylum should not be in detention. They also report process at Yarl’s Wood Immigration that many women are unaware of their right Removal Centre to apply for release.

Bail for Immigration Detainees (BID) have In addition, ‘Refusal Factory’ highlights recently published ‘Refusal Factory.’ This serious flaws in the DFT initial screening research report explores the detention of process. The report reveals that 21% of women in Yarl’s Wood under the fast track women in 2006 were removed from DFT asylum process and evaluates the before their case was concluded. The cases implementation and impact of the included women who had experienced government policy. The research draws on gender persecution and implies that the the experiences of 31 women in Detained initial assessment is oversimplified and Fast Track (DFT) programmes and interviews ineffective in many gender related cases. legal representatives and relevant Moreover, this confusion and unnecessary organisations. detention impacts on the women themselves and compounds their fears, anxieties and Since May 2005 the Home Office have trauma. detained over 800 women to fast track their asylum claims. The report reveals that Sarah Cutler, the report author, states: “Fast despite policy rules to only ‘fast track tracking women fleeing persecution, straightforward cases’ many women with including torture survivors, is obscene and complex cases are going through the fast unfair. Hundreds of women every year are track asylum system. This includes women paying the price for this Government’s desire who have fled sexual abuse, domestic to speed up the asylum process” violence, trafficking and torture. BID argue that DFT places women at a huge ‘Refusal Factory…’ can be downloaded at: disadvantage as their cases are assessed in www.biduk.org a matter of days, disallowing adequate time to disclose personal experiences and collect evidence. Statistics reveal that the Home RWRP news Office refuse 99% of women in Yarl’s Wood as opposed to 83% refusal rate for cases determined outside of detention. Similarly, Priorities for the Minister for Women in 2005, 97% of DFT cases were refused on appeal compared to 83% outside of detention. BID state one of the contributory Harriet Harman MP and Barbara Follett MP factors to this disparity is the lack of time published their Priorities for the Ministers for given to cases, appeals and that one third of Women in July 2007. The three priorities DFT women are not represented in court for cover supporting families, tackling violence their appeals. BID argue this lack of against women and empowering black and representation is due to LSC funding and the minority ethnic women to build cohesion merit test being applied incorrectly in some within their communities. At a consultation cases. The views of the Home Office round table organised by the Women’s however are always represented. National Commission, RWRP pointed out that the Ministers’ priorities omitted any The report also discloses that many women reference to women asylum seekers, on DFT are detained for long periods of time refugees or migrant women and Harriet after their case has been refused. BID Harman expressed an interest in this. The interviewed six women who had spent on need for an integrated violence against average over five months in detention. One women strategy is demonstrated by the

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inconsistencies between the way women For further information see: victims of sexual and domestic violence are http://www.publications.parliament.uk/pa/jt dealt with by the criminal justice system in 200607/jtselect/jtrights/134/134.pdf the UK and the way women who come to the UK to seek protection from such crimes are dealt with by the asylum system. The UK News lessons learned within the former have not been transferred to the latter. Examples are the need for female staff to interview women and the recognition that late disclosure of Plans to deport lesbian to Iran rape should not affect credibility. Pegah Emambakhsh fled Iran and claimed asylum in the UK in 2005 after her partner For the full document on the priorities for the was arrested, tortured and sentenced to Ministers for Women see:http://www.official- death by lapidation (stoning). Her father documents.gov.uk/document/cm71/7183/71 has also been arrested, tortured and forced 83.pdf to reveal her whereabouts.

For RWRP’s response see: The Border and Immigration Agency (BIA) www.asylumaid.org.uk have refused Pegah’s asylum application and several appeals. Pegah was arrested in Sheffield on the 13th August 2007 to face Sector Update immediate deportation. She is currently being held in Yarl’s Wood detention centre until her removal date is confirmed. It is feared that if returned to Iran Pegah will be Agreed additional support under arrested, face a public lashing and a possible Section 4 for pregnant women death sentence.

Section 4 applies when asylum seekers reach The government’s decision to deport Pegah the end of the process with their asylum has sparked widespread international claim. Section 4 is designed to alleviate condemnation from a range of human rights some forms of destitution and permits organisations, lesbian, gay, bisexual and access to housing and some minimal transgender (LGBT) groups, academics, provisions. Not all end of line asylum NGOs and international government seekers can access Section 4 as there are institutions. A campaign has been launched criteria and conditions attached including to repeal the decision to deport Pegah and agreeing to make ‘all reasonable steps to several demonstrations and rallies have been return’. In a recent speech Liam Byrne, held outside the British Embassies in Rome, Immigration Minister agreed that Paris and Tokyo. In America, leading concessions would be made to Section 4 activists have met the Deputy British Consul asylum seekers who are unable to return to in San Francisco and the International Gay their country of origin for reasons beyond and Lesbian Human Rights Commission in their control. This may include for example New York have written to the Home where no flights are available or national Secretary Jaqui Smith. Their letter states: governments not granting visas and “we are at a loss to understand how the facilitating returns. Liam Byrne states the circumstances facing LGBT Iranians could concessions will include additional support not have led to a decision to grant asylum.” for pregnant women and mothers with European Parliament President, Hans Gert children. The concession will be available Pöettering has agreed to take up the case later in 2007 and will include allowing with Prime Minister Gordon Brown to convey pregnant women and mothers with children opposition to the ruling. The decision has to access basic clothing, toiletries, food and led to an Italian government minister travel.

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proposing that Pegah should be given For full article see: asylum in Italy if refused by the UK. http://society.guardian.co.uk/crimeandpunis hment/story/0,,2153312,00.html This case is continuing and this article conveys issues publicly available at the time For Metropolitan University’s of WAN going to print. Children and Women’s Abuse Studies Unit

(CWASU): ‘Its like going to the For further information see: supermarket’: Men buying sex in East http://ukgaynews.org.uk/latest.htm London’ see: http://www.cwasu.org/

Shopping for sex fuels trafficking African children forced into reports “buying a trafficked woman for sex is as easy as ordering a servitude pizza.” Based on findings by the Croydon Several NGO’s are campaigning on the Community Against Trafficking (CCAT), the trafficking of African children to the UK and article outlines a recent increase in brothels highlighting how children are smuggled into and the use of overseas and trafficked the UK for the purpose of domestic or sexual women in the area. CCAT submitted a exploitation. Dragan Nastic, Unicef UK's dossier of evidence to the local police Policy and Parliamentary Officer states how highlighting a 35% increase in brothels in no prosecutions have been made in the UK Croydon between February – October 2006, of people using African children for domestic subsequently fuelling a demand for cheap labour. The article reports that Nigeria is a sex. This is supported by similar research main source country for children as parents conducted by London Metropolitan are either persuaded or receive payments to University’s Children and Women’s Abuse give their children up on the false promise Studies Unit (CWASU). CWASU interviewed they will receive a better life, education and 137 men who have paid for sex in East work. Once in the UK, young children are London and the findings revealed two thirds forced into domestic or sexual slavery, of men equate buying sex similar to forced to work long hours with no pay, shopping. One man stated “it’s like going to beaten if work is not complete and stopped Tesco’s”. The report argues the proliferation from going to school and even leaving the and accessibility of sex and sexual imagery house. In June 2007 the Home Office on the internet, magazines, lap and pole published a scoping study on child trafficking dancing clubs etc has turned sex into a which revealed that over one third of the commodity for many men. More than 40% 330 children trafficked into the UK were from of men interviewed were under 29 years of Africa. Christine Beddoe, Director of Ecpat age, suggesting a younger age than stated that they believed there was "a previously recorded for men buying sex. culture of disbelief in the offices looking at The findings also suggest the men were asylum claims" which causes escaped child undeterred by threats of jail sentences, slaves to be treated as illegal immigrants naming or shaming. In line with the report’s rather than unwitting, isolated victims. She recommendations to tackle the states "Having suffered the most debilitating ‘normalisation of sex as a commodity’ experience, they get no support….. they are messages, the Home Office have often here without a legal basis to stay, then commissioned a Sex Education Forum. This are treated within the system as undeserving Forum will produce a fact-sheet for schools of help." The article outlines the story of outlining issues around sexual exploitation Tolu, a Nigerian girl. When she was 13 her and prostitution. CWASU researchers, along parents were tricked to give her up on the with Denise Marshall from the Poppy Project promise of accessing a good education in call on the government to do more than just Britain. Upon arrival in the UK she was banning sex advertisements. forced into domestic work, looking after children, cooking, cleaning, not permitted to go to school. She worked long hours, was wan issue number 69 September/October 2007 6 women’s asylum news

beaten and bullied by the woman she worked for. After two years she was allowed Women’s organisations, Charities, CABx, Law out one evening a week. Eventually Tolu Centres: £100, All Others: £200 escaped aged 19 after being severely beaten Rights of Women members receive a 10% for using the telephone. She has now discount applied for asylum in the UK and it is unclear whether she will be granted leave to remain. Thanks to the generosity of the Feminist Review Trust, Rights of Women is able to For full article see: offer 20 complimentary places to the http://news.independent.co.uk/uk/this_britai conference for women delegates from n/article2859092.ece organisations with a low income that support BMER women. Please contact Rights of For Child Operations Online Protection Women to enquire about applying for a (CEOP) Report ‘A Scoping Study of Child complimentary place. Email: Trafficking’ for the Home Office, June 2007 [email protected]; Telephone 020 see: 7251 6575/6; Textphone 020 7490 2562; http://www.homeoffice.gov.uk/documents/c Fax 020 7490 5377. eop-child-traffick-report-0607?view=Binary

Behind Closed Doors: Exploring Causes UK conferences and courses to Find Solution to Violence Against Women Ethnic Society

4th October, London BMER Women: The Law and Violence –

Where’s the Justice? This one-day conference will look at Rights of Women complexity of issues associated with violence 26 September 2007, Hamilton House, against women in a multicultural, ethnically London and religiously diverse context. Exploring

possible causes and solutions the conference This one day national conference for women will discuss victim support, gender safety, will examine recent and forthcoming laws reforms and human rights conventions. The affecting domestic violence, sexual violence conference will look at the legal perspective and abuses predominately experienced by including investigation and criminal justice Black and Minority Ethnic Religious (BMER) policy and legal failings. This conference will women and women seeking asylum including also include issues around honour-based forced marriage, honour crimes, FGM and violence. trafficking.

Key speakers include: Dr Habiba Sarabi, Speakers and workshop leaders include Lord previous Minister of Women’s Affairs in Lester, QC • Shaminder Ubhi, Ashiana Afghanistan; Nazir Afzal OBE, Crown •Yasmin Rehman, Metropolitan Police Prosecution Service London West; Hon Service •Marai Larasi, Nia project and Justice A Barua and Commander Steve Allen, Women’s Aid Federation of • Association of Chief Police Officers (honour Heather Harvey, Amnesty International UK • based violence). Tania Pouwhare, Women’s Resource Centre • Cost: Government, Local Authorities, Police Pragna Patel, Southall Black Sisters • Alison and NGOs - £279 +VAT Stanley, Bindmans Solicitors • Jasvinder Reduced rate for voluntary organisations and Sanghera, Karma Nirvana • Khatun Sapnara, Trade Unions - £149+VAT and Chair of Ashiana • Anne Marie Individuals - £99+VAT Hutchinson OBE, Dawson Cornwell Solicitors For further information see: and Chair of Reunite http://www.ethnicsociety.com/social_vision_ conference/oct4/

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‘A study of Women Asylum Seekers Seeking Asylum: A Scottish Perspective from Pakistan who seek refugee One-Day Conference, protection against domestic violence’ Monday 8th October 2007 Glasgow Royal Concert Hall, Scotland South Manchester Law Centre Friday 7th December 2007, Manchester This conference will discuss current government policy affecting asylum seekers One day Conference to launch WASP and explore the Scottish experience. Key research report speakers include: Baroness Vivien Stern, Joint Committee of Human Rights; Phil South Manchester Law Centre’s Women Taylor, Scotland & Northern Ireland Border Asylum Seekers from Pakistan (WASP) and Immigration Agency; Sally Daghlian, project are pleased to announce the launch Scottish Refugee Council; Jonathan Cox, of their research project. The WASP project Independent Asylum Commission and John is a large trans-national research project and Watson, Amnesty International. has included conducting interviews across The conference will cover: England and Wales as well as across four Asylum Commission regions in Pakistan. This complex study has inquiry and the Joint Committee on focused on identifying the key issues relating Human Rights regarding the treatment of to the nature of domestic violence issues as asylum seekers they affect Pakistani women who become How have communities in Scotland entangled in the asylum system in the UK. reacted to asylum seekers? The research pays particular attention to the What is government policy regarding nature and extent of protection in Pakistan; asylum seekers? the difficulties associated with internal flight; How have asylum seekers impacted on the difficulties Pakistani women have service providers? experienced with their attempts to access What are the forthcoming legislative justice within the asylum system and changes? ongoing problems with access to services in How can the Scottish Executive influence the UK. policy nationally? What are the benefits of accepting A one-day conference is being organised to asylum seekers into our communities? present and discuss key findings. Keynote speakers at the conference will be: Hina This one day conference is aimed at Jilani, human rights lawyer based in Pakistan professionals working with asylum seekers and UN Special Rapporteur on Freedom of including social workers, housing officers, Religion; Pragna Patel, chair of Southall teachers, researchers, immigration lawyers, Black Sisters; Melanie Plimmer, barrister at police officers and voluntary and NGO Garden Court North specialising in asylum professionals. For further information see: and women's rights issues; and Alison http://conferences.holyrood.com/content/vie Stanley, solicitor and Head of Immigration at w/152/ Bindmans and Partners.

For further details about the conference contact the project workers Nadia Siddiqui by email: [email protected] or by telephone on 0161 248 1879 or Sajida Ismail by email on [email protected] or by telephone on 0161 2481 884.

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‘Violence Against Women and HIV: Short Course in Violence Against Dimensions and Responses’ Women: Issues, Research and Policy October - November 2007 Department for International Development (DFID) & London School London Metropolitan University, The of Economics (LSE) lecture Department of Applied Social Sciences, in 7th November collaboration with the Child and Woman 18.30-20.30 (LSE, Tower 1, Room U8) Abuse Studies Unit (CWASU)

Professor Charlotte Watts, London School of This course is aimed at professionals working Hygiene and Medicine will discuss how or interested in developing specialist violence against women contributes towards services, policy or enhancing knowledge. The their vulnerability to HIV. The lecture course is delivered over six days, in three presents evidence of how violence against two-day blocks; 4,5,18,19 October and women undermines current HIV prevention 15,16 November 2007 initiatives. The lecture will include key recommendations. The course will introduce research on the For further information see: prevalence, contexts and consequences of a http://www.lse.ac.uk/collections/LSEAIDS/e range of forms of violence as well as: vents/dfid_lectures_seminars.htm • Theories of gender and human rights • Intimate partner violence • Harmful traditional practices e.g. female Forced Marriage Course genital mutilation, honour crimes Ashiana • Trafficking and sexual exploitation 29th November Leytonstone, London The course costs: £400 - £450 per short course4. This one-day training course aimed at For further information and reservation professionals will develop a greater contact: Rosie Mgbeojikwe, Tel: 020 7133 understanding of forced marriage. 5174 E-mail: [email protected] Details are also on www.cwasu.org The course will cover: • Definitions of forced and arranged marriage International News Articles • Understanding the differences and similarities of the two

• Knowledge of the cultural roots DRC: sexual violence committed on surrounding forced marriage • Information on marriage law massive scale • An insight into the effects of forced UN Special Rapporteur on Violence against marriage Women, Professor Yakin Ertürk, recently conducted an official visit to Democratic • Tips on how to deal with forced marriage th th situations Republic Congo (16 -27 July 2007) and prioritised issues around sexual violence. The course costs £90 She reported that ‘violence against women seems to be perceived by large section of For further details and booking information society as normal.’ Professor Ertürk believes please telephone: 020 8539 0427 Fax: 020 the situation in South Kivu Province ‘is the 8539 6800 or email: [email protected] worst crisis I have encountered so far’ and

4 If successfully completed and taken as a credit towards a masters or postgraduate certificate, this will be deducted from the overall course fee.

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requires urgent address. 4500 cases of http://www.upiasiaonline.com/human_rights sexual violence cases have been reported in /2007/08/07/commentary_banarass_wholes the first half of 2007, although actual cases ale_market_for_women/ are likely to be much higher. Many of the cases are extreme forms of sexual violence Related news including brutal gang rape, forcing fathers at gunpoint to rape their daughters and the Trinidad and Tobago: sex tourism shooting and stabbing of genital organs. drives trafficking of women There is also a severe lack of psychological Trinidad and Tobago is becoming a key and physical health support for women and transit point for the trafficking of women. girls who have experienced such horrific Although prostitution is illegal in Trinidad crimes. Moreover, many of these women and Tobago a large underground sex tourism are subsequently rejected from their families network exists and generates a high demand due to the stigma attached to rape and are for sex workers. A local newspaper recently left destitute. A full report will be submitted reported that ‘scores of women and girls to the UN Human Rights Council with from Venezuela, the Dominican Republic, findings and key recommendations. Colombia and Guyana are being trafficked into Trinidad and Tobago’. In addition, a For full article see: recent raid on a hotel by the police, army http://www.monuc.org/News.aspx?newsID= and immigration officials found women who 15065 had also come from Africa and Asia and were working in the illegal brothels. The United Related news States Agency for International Development’s (USAID) Office for Women India: trafficking of women and Development states the country has a The United Press International Asia writes growing sex tourism industry. Traffickers about the situation of women who have been are able to lure women into Trinidad and trafficked to Banaras (also known as Tobago on the promise of lucrative Varanasi) in India. The article discusses the employment opportunities, due to the gruesome process of forcing women into sex poverty and political instability in several work through ‘seasoning’ and the use of neighbouring countries. Survivors Rights ‘trainers.’ Some ‘trainers’ are policemen and International reports that the region is politicians who subject women to different becoming a key transit post to transport forms of sexual abuse, rape and violence. trafficked women into America, Europe and The women will be locked in houses during Australia. The article states that Venezuela the ‘training’ process until they are ‘ready’ to has also become a key transit country and be sold into brothels within India and the government is not complying with overseas. The article also reports on the minimum standards. difficulties local human rights group Guria have experienced trying to ‘rescue’ trafficked For full article see: women from Banaras. Guria have been http://www.newsday.co.tt/news/0,61837.ht charged by the police with breaking and ml entering to ‘rescue’ the women after the police did not arrive. In addition, the report Related news argues that due to fears that a notorious local trafficker would name police officers Mauritius: sex workers unprotected involved in the sex trade he was not arrested against violence and allowed to continue to work. His body Loga Virahsawmy, President of Media Watch has since been found dead, reportedly he Organisation argues that gender based was shot whilst resisting arrest. violence exists across Southern Africa For full article see: especially for women who work in the sex industry. She states that in Mauritius, the national press have reported on many cases wan issue number 69 September/October 2007 10 women’s asylum news

of rape and gang rape (including a girl of still prevalent. In July 2007, three lesbians 14), however hundreds of attacks remain were attacked and murdered. Currently, the unreported including violence against sex legislation does not reflect the reality for workers. She writes that many people many black lesbians. believe sex workers cannot be victims of rape or sexual assault as it is deemed ‘part For further information see: of their work’. Her article states that the http://news.bbc.co.uk/1/hi/world/africa/693 Ministry of Women (Mauritius) recorded 239 8714.stm cases of violence against women between January–May 2007, and believes none of For Human Rights Watch’s letter to Thabo those cases will be women who work in the Mbeki see: sex industry as crimes against them are http://hrw.org/english/docs/2007/08/08/safr hidden. She stresses that all members of ic16618.htm the Southern Africa Development Community (SADC) have signed the UN Related news Declaration on the Elimination of Violence against Women. This defines violence Uganda: calls for arrest of homosexuals against women as “any act of gender-based In Uganda homosexuality is punishable with violence that results in, or is likely to result life imprisonment. In a recent radio in, physical, sexual or psychological harm or announcement, Deputy Attorney General suffering to women, including threats of such Fred Rubin declared that: “I call upon the acts, coercion or arbitrary deprivation of relevant agencies to take appropriate action liberty, whether occurring in public or in because homosexuality is an offence under private life.” Loga believes that although the laws of Uganda.” Human Rights Watch countries have signed the Convention, many argue President Museveni has “drummed up including Mauritius do not protect women homophobia and denied the basic rights of against violence, especially women who work lesbian, gay, bisexual and transgender in the sex industry. (LGBT) people for his own political advantage.” On the 16th August a coalition For full article see: group called ‘Sexual Minorities in Uganda’ http://www.lexpress.mu/display_search_res (SMUG) launched a ‘let us live in peace’ ult.php?news_id=91649 campaign condemning violence and discrimination inflicted upon LGBT people. For UN Declaration on the Elimination of However to counter this, a rally was Violence against Women see: organised and attended by hundreds of http://www.unhchr.ch/huridocda/huridoca.n people in Kampala. During the rally Pastor sf/(Symbol)/A.RES.48.104.En Martin Ssempa demanded “the government take action against LGBT people.” Human Rights Watch calls upon the Ugandan Other international news government to ensure the full integration of LGBT people in Uganda and to stop South Africa: lesbians targeted homophobic statements from top Human Rights Watch calls upon South government officials. Africa’s President Thabo Mbeki to do more to protect lesbians living in South Africa For further information see: especially in the wake of recent murders. http://hrw.org/english/docs/2007/08/22/uga South Africa has some of the worlds’ most nda16729.htm progressive constitutions promoting equality and permitting same sex weddings. However, despite these legal commitments homosexuals especially black lesbians are targeted for rape and murder and homophobic discrimination and violence is wan issue number 69 September/October 2007 11 women’s asylum news

natal care and poor nutrition, leaving many Other international news mothers and children anaemic. UNICEF statistics reveal that the maternal mortality Saudi Arabia: domestic workers rates in Iraq have increased by 65 per cent killed in the last 15 years. Human Rights Watch report on the killing of For full article see: two Indonesian domestic workers in Saudi http://www.irinnews.org/Report.aspx?Report Arabia, another two workers are critically ill. Id=73719 The women were severely beaten after being accused by their Saudi employers of practising ‘black magic.’ Saudi Arabia Senegal: FGM continues employs approximately two million domestic The community of Malicounda Bambara in workers, predominantly from Indonesia, The Senegal abandoned FGM 10 years ago, Philippines and Sri Lanka who work long however it is reported that FGM is still widely hours, are underpaid, subject to abuse and practiced. During celebrations to prohibited from leaving the house. There commemorate the anniversary a village have been several recent incidences in Saudi leader stated that the practice still exists and Arabia of domestic workers being accused of that many girls within the community have theft, witchcraft and adultery and not having been subjected to FGM, some as recently as access to legal aid, translators and the previous week. Aminata Toure form the information about their cases. In November UN Population Fund (UNPFA) also reveals 2006 Human Rights Watch interviewed that a worrying trend is developing whereby imprisoned Sri Lankan women who were girls are being cut at an increasingly younger pregnant after rape by their employers and age, some almost immediately after birth. also received lashes as part of their The UN children’s fund (UNICEF) is sentence. The Women’s Rights Division of advocating for greater laws and Human Rights Watch states that: “Not only implementation outlawing the practice of do the authorities typically fail to investigate FGM. Nearly half of the African countries or prosecute abusive employers, the criminal that practice FGM have legislation opposing justice system also obstructs abused workers the practice, however in reality this is rarely from seeking redress.” implemented. For full article see: For full article see: http://www.irinnews.org/Report.aspx?Report http://hrw.org/english/docs/2007/08/17/sau Id=73680 dia16699.htm

Nepal: girl 15 raped by army Iraq: pregnant women suffer amid personnel country’s violence The Asian Human Rights Commission (AHRC) IRIN report how the conflict and violence in is appealing for the investigation and Iraq is having a major consequence on prosecution of a member of the Nepal army pregnant women accessing health services and a civilian who raped a 15-year-old girl. and during delivery. The article outlines how The crime was reported along with the many women are often restricted in getting names of the accused, however currently no to hospital or district nurses getting to their arrests or official response have been made. homes because of violence clashes on-route, The AHRC report that authorities are nightly curfews or road-blocks. Dr Ibrahim hindering the investigation and represent Khalil, a gynaecologist at Al-Karada barriers to justice. The statement outlines maternity hospital, Baghdad, believes that at the case details and events. The incident th least two in every 12 women who access an was reported to the police on the 20 July emergency delivery results in the mother or 2007 and the girl underwent a medical child dying. Coupled with these conditions examination that supported her claims. there are also issues around the lack of pre- Upon questioning by the police the girl was wan issue number 69 September/October 2007 12 women’s asylum news

told she needed to include the full details, New Publications - UK including home addresses of the two perpetrators (which she did not have).

Eventually on the 3rd August 2007 the girl ‘Motherhood, Apple Pie and Slavery: was permitted to submit the First Reflections on Trafficking Debates, Information Report (FIR) on the case, amid Bridget Anderson’ pressure to remove the name of the army Centre of Migration, Policy and Society official. AHRC state “the army has (COMPAS) Working Paper No. 48 consistently ensured impunity for its soldiers This research working paper brings together in this way concerning widespread and grave key debates and issues around human human rights violations, including rape, trafficking. It outlines definitions of torture, forced disappearance and extra- trafficking within current international social judicial killing.” AHRC call for this and political context and the Palermo investigation to progress and crimes against Protocol. It debates the use of the term civilians committed by army personnel to be ‘trafficking’ for prostitution and the migrant tried in civilian courts. labour force. The working paper also For full statement see: discusses a contested trafficking case study http://www.ahrchk.net/ua/mainfile.php/200 (Kalayaan vs the UK Home Office) to analyse 6/2534/ practical implications and areas of conflicting

agenda’s. Other international news For Full working paper see: http://www.compas.ox.ac.uk/publications/W US: Mexican mother returned orking%20papers/Bridget%20Anderson%20 The case of Elvira Arellano and her eight- WP0748.pdf year-old son born in the US has received much press coverage in America. Elvira and her son Saul have campaigned in America to New Publications – International keep the families of illegal immigrants together. Elvira entered America illegally in 1997 and worked as a cleaner until 2002 when she was arrested for having a false ‘My Heart is Cut: Sexual Violence by social security number. In August 2006 Rebels and Pro Government Forces on Elvira was expected to be deported however Cote d’ Ivoire’ she, together with her son hid in a Chicago This extensive research report argues that Methodist church for a year to stay together. 1000’s of women and children have Elvira was arrested after leaving the Church experienced sexual violence, rape, gang and attending a demonstration calling for rape, forced incest, sexual slavery and brutal changes to immigration reforms in Los sexual assaults during the five-year military Angeles. She has been deported back to political crisis in Cote d’ Ivoire. Over 180 Mexico and Saul remains with friends in people were interviewed for the research, America. For full article see: including women who experienced or http://news.bbc.co.uk/1/hi/world/americas/ witnessed sexual violence. The interviews 6954639.stm revealed that rebel and pro government forces were responsible for sexual violence against women and children of all ages including children of six and grandmothers. Some sexual attacks were so severe women have died from their injuries, or have suffered long-term health effects from severe bleeding, fistula and problems through abortions. Human Rights Watch calls for the national government to investigate and prosecute perpetrators.

wan issue number 69 September/October 2007 13 women’s asylum news

For full ‘My Heart is Cut…’ research report forces and other groups and outlines that the see: http://hrw.org/reports/2007/cdi0807/ abuses may constitute war crimes. They call upon the Sudanese government to do more to protect women and children from gender ‘Sierra Leone: The Influence of the based abuse and violence and to investigate Secret Societies, with Special Reference the crimes committed. to Female Genital Mutilation (FGM)’ For full report see: Dr Richard Fanthorpe http://www.crin.org/docs/OHCHR_Deribat_r Commissioned by UNHCR Status eport_0807.pdf Determination and Protection Information Service (DIPS). For Refugee Women This research reports on the cultural institutions in Sierra Leone referred to as

‘secret societies’ whose main function is to Voices of Courage Awards 2008 regulate sexual identity and social conduct. The Women’s Commission for Refugee The report examines the historical and Women and Children have announced that current role of ‘secret societies’ within post nominees are welcome to apply for the war Sierra Leone and discusses their key Voices of Courage Awards 2008. The influence in the practice of FGM. The theme of the luncheon is Ending Violence research investigates the cultural ‘rights of against Refugee and Internally passage’ secret societies associate with FGM Displaced Women and Girls. alongside the health risks and trauma experience by girls and women. The Criteria includes: research also charts recent opposition to • Candidates should be refugees or FGM and argues that the secret societies internally displaced women or youth who may limit this progress. work or have worked to provide For full research report see: innovative, successful programmes that http://www.unhcr.org/cgi- address and reduce violence against bin/texis/vtx/refworld/rwmain?docid=46cee3 refugee, internally displaced and/or 152 returnee women and girls.

• Candidates should be passionate

advocates against violence against ‘Women Abducted, Raped and Kept as women and girls in all of its forms, Sex Slaves Following the September including rape, sexual exploitation and 2006 Attacks on Deribat’ abuse, genital mutilation and domestic

violence. Eight Periodic Report of the UN High • Candidates must be able to travel to New Commissioner on the Human Rights York for a week in May (the luncheon is Situation in Sudan Tuesday May 6 2008) to accept their

award (all travel and housing expenses The Office of the High Commissioner for will be paid). Human Rights presents a detailed report on the sexual violence, rape and abductions of For further information of Award and how to women in the south Darfur region of Sudan. nominate a candidate see: In cooperation with the United Nations www.womenscommission.org Mission in Sudan (UNMIS), this follow up or email: [email protected] report contains the personal accounts of women who were abducted, became sex DEADLINE for receipt of nomination is slaves and subjected to abuse by the OCTOBER 15th 2007 Sudanese Armed Forces and associated PLEASE NOTE: Only applications in English groups. The report maintains the will be considered. government responsibility for the armed

wan issue number 69 September/October 2007 14 women’s asylum news

New web-based survey Free Directory of Sexual Violence Services (London and Home Counties)

Eaves Directory of Sexual Violence Services Asylum Rights Watch is a booklet listing organisations supporting Since its launch in June 2007, Asylum Aids women who have experienced rape and Asylum Rights Watch has received over 140 sexual abuse in the London area. submissions from asylum seekers and people

working with them. If you would like to receive a copy please send a self-addressed A5 envelope for 23p The web-based survey allows people to to: Lilith Directory, Eaves share their experiences of the UK’s asylum 2nd Floor Lincoln House system with us. There are many people in 1-3 Brixton Road the UK who come across examples of the London, SW9 6DE unfair treatment given to asylum seekers,

but who do not have opportunities to Low waged or unwaged women can obtain a publicise these examples to the public or copy by emailing [email protected] policymakers themselves. Asylum Aid has with their address. created the Asylum Rights Watch survey so

people can share these examples with us. To order in bulk please email Asylum Aid will use the data collected [email protected] to request an through this facility as part of our lobbying, order form research and campaigning work.

Readers are reminded that they can still Noticeboard: events contribute to Asylum Rights Watch. The Asylum Rights Watch survey can be easily accessed from the Asylum Aid website Public hearings (www.asylumaid.org.uk). The Independent Asylum Commission is holding the following public hearings to All submissions sent before the end of independently review the UK asylum September 2007 will be considered for a process. A full report will be published in dossier of all the evidence, which will be 2008 making key recommendations for launched in October 2007. reform based on the evidence presented. If you would like any further information or • Leeds: Asylum Appeals, September 20th would like to help us publicise this forum 2007 please contact [email protected]

• Manchester: Asylum Support and Destitution, October 17th 2007

• London: National Hearing, November 29th 2007

For further information see: http://www.independentasylumcommission. org.uk/

wan issue number 69 September/October 2007 15 women’s asylum news

Produced by RWRP (for more Any views expressed in this publication are those of the authors. Any information on this issue, please legal information in this bulletin is intended as a general guide only, contact: Claire Bennett) and should not be used as a substitute for legal advice. Any Asylum Aid, Club Union House contributions from, or references to, external sources (including 253-254 Upper Street London N1 1RY website links), agencies or individuals do not necessarily reflect the Tel: 020 7354 9631 views of Asylum Aid nor receive our endorsement. Fax: 020 7354 5620 Email: [email protected] Website: www.asylumaid.org.ukT

Asylum Aid provides free legal advice and representation to asylum-seekers and refugees, and campaigns for their rights. We rely on the generosity of individuals to help us continue our work. Your support would be greatly appreciated.

A gift of just £5 each month could support our free legal advice line. Name

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To: The Manager, Bank, Asylum Aid (Address of Bank) Registered Charity no. 328729 If you are a UK taxpayer, Asylum Aid can claim back 28p for every £1 you Please pay ASYLUM AID the sum of £______each donate, making your donation worth almost a third more at no extra cost to you. Please complete and return this declaration. month/quarter/year (delete as appropriate) until further notice Name and debit my account no. Address sort code: starting on (date) □ I would like Asylum Aid to treat my donations as Gift Aid donations Name: (please tick)

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wan issue number 69 September/October 2007 16