Helena Castellà THE SITUATION OF REFUGEE WOMEN IN EUROPE, THE SPANISH STATE AND CATALONIA DIAGNOSIS AND GAPS FOR IMPROVEMENT
BRUSSELS CMC PAPERS | 2017 | 1 THE SITUATION OF REFUGEE WOMEN IN EUROPE, THE SPANISH STATE AND CATALONIA DIAGNOSIS AND GAPS FOR IMPROVEMENT
Helena Castellà
Centre Maurice Coppieters CMC papers I 2017 I 1 CONTENTS
ABSTRACT 5
INTRODUCTION 7 Methodology 8
1. DIAGNOSIS: THE SITUATION OF REFUGEE WOMEN 11 1.1. The numbers 11 1.2. Main situations of discrimination and/or fundamental rights violations 13 1.2.1. Common violations and discriminations in the three stages 15 1.2.2. Violations and discriminations in the origin stage 17 1.2.3. Violations and discriminations in the transit stage 19 1.2.4. Violations and discriminations in the destination stage 20
2. LEGISLATION REGARDING REFUGEE WOMEN 25 2.1. International legislative framework 25 2.2. Legislative framework in the European Union 26 2.3. Legislative framework in the Spanish State 28 2.4. Legislative framework in Catalonia 30
CONCLUSION 33
BIBLIOGRAPHY 37
INTERVIEWS 39
This publication is financed with the support of the European Parliament CENTRE MAURITS COPPIETERS 41 (EP). The EP is not responsible for any use made of the content of this publication. The editor of the publication is the sole person liable. COLOPHON 48
4 3 ABSTRACT
In order to take a stand against the report a diagnosis of the violations of discrimination and violation of rights the human rights suffered by refugee faced by refugee women in Europe, women at their country of origin, dur- it’s important to analyse what these ing transit as well as at their destina- are and how their rights are regulated. tion. This is followed by an analysis of With the objective of understanding international, European, and Spanish this specific issue of the current refu- legislation that could, and should, pre- gee crisis, we have incorporated in this vent the violation of their rights.
4 5 INTRODUCTION
Since 2015, the situation of refugees As will be seen in this report, the eval- in Europe has become one of the uation of the arrival mechanisms in main issues in the European politi- place show that work done by govern- cal agenda. The different procedures ments, humanitarian organizations, in place to deal with the arrival and European institutions and members integration of these refugees, as well as of the civil society is insufficient. They the respect for their rights, have been have not been able to either prevent put into question, and there have been or efficiently deal with the dangers, several critical analyses regarding the exploitation and multiple forms of gen- adequate treatment of those who have der violence which women and girls recently arrived through the Mediter- face on their way to Europe and once ranean coasts. they have arrived.
Within the group of refugees there is This report on the diagnosis of the a high percentage of people, mainly situation of refugee women will ana- women, who are especially vulnerable. lyze their impact on the overall refugee Other groups who also need special population as well as the situations protection include pregnant women, of violence and discrimination which minors, unaccompanied minors, mem- in many cases force them to flee their bers of the LGTBI community, those country of origin but which are also with special needs and the elderly. present during their trip to Europe As the number of refugees arriving and once they have arrived. Secondly, to Europe has risen, the number of it will analyse the legislation that regu- those who are vulnerable has risen lates their reception and which initia- exponentially. Before this latest wave, tives have taken place in the European migration was seen mainly as a male Union (EU), the Spanish State, and phenomenon, but now the percentage Catalonia to improve their situation. of women migrants is approaching Finally, taking into account this anal- 50% of the total. According to the lat- ysis, it will look at what possibilities est figures on refugees, whilst in June exist to reduce the right violations and 2015 women and children accounted discrimination refugee women suffer. for 27% of all new arrivals, this num- ber jumped to 55% in 2016.1
1 EUROPEAN PARLIAMENT, «Report on the situation of women refugees and asylum seekers in the EU».
6 7 METHODOLOGY Commission (EC) —through the direc- tives that refer to refugees and refu- As has been mentioned, the main gee women in particular— and finally objective of this report is to know the with reports by the United Nations’ situation of refugee women in Europe Refugee Agency (UNHCR) which has and identify what kind of discrimina- published several documents regard- tion they face and which of their rights ing the subject of this study, one of are violated. Furthermore, it will ana- which is an evaluation of the reception lyse the legislation that affects them of refugee women in Greece and the at European, Spanish, and Catalan Former Yugoslav Republic of Macedo- levels and what mechanisms can be nia (FYROM). It will also include an introduced to improve it and make it analysis of Spanish legislation, such more effective in protecting them. The as the 12/2009 law which regulates research question that this report will the right to seek asylum and subsidi- try to analyse is: What is the situation ary protection in the Spanish State and of refugee women in Europe and what Catalonia. has to be done to improve the care for this group? Finally, the report has obtained rel- evant information regarding how to To achieve this, the study has focused improve the systems that are cur- on the literature created by three insti- rently in place to welcome refugee tutions such as the European Parlia- women through interviews with some ment (EP) —through its motion on ref- of the key stakeholders that deal with ugee women2, asylum seekers as well as this situation on a daily basis in Cata- other specific studies— the European lonia.
2 EUROPEAN UNION, op. cit.
8 9 1 DIAGNOSIS: THE SITUATION OF REFUGEE WOMEN
1.1. THE NUMBERS and immigrants. In many cases, peo- ple who are not given refugee status One of the most complicated aspects end up becoming illegal immigrants when talking about refugees is that, in Europe. In other cases, people who even though we have approximate fig- for specific circumstances could be ures, it is impossible to know the exact asylum seekers never end up making number of refugee arrivals in Europe the application due to a lack of infor- as well as the amount of refugee mation. Furthermore, in official statis- women that have faced the situations tics, even those who are recognized as of discrimination that this report will refugees also end up being counted as analyse. immigrants. This is due to the fact that refugees are also migrants in the strict The lack of data on refugee women can sense of the word and therefore, statis- be explained through several reasons. tically, the distinction isn’t made when First, due to the difficulty to collect they are counted. data on new refugee arrivals in Europe since a large amount of arrivals fail to It is important to clarify the main dif- sign up to any kind of register. This is ferences between migrants, asylum due to their lack of knowledge on their seekers, refugees and those who ben- rights for international protection or efit from subsidiary protection. because they believe that it will slow down the arrival time to their desti- Anyone who leaves their country to go nation.3 Second, current data is often live in another one for any reason can not segmented by gender. Moreover, be considered a migrant. Therefore, many refugee women don’t speak out both refugees and economic migrants about the different violent situations or those who move to another coun- they have suffered, such as forced mar- try to attend university or change jobs riages or interfamily gender violence, can be considered migrants, and are as they fear being further stigmatized counted as such in the official statis- or suffer reprisals.4 tics.
One must also take into account the An asylum seeker, according to the close relationship between refugees 1951 UN Convention, is a person claim-
3 UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES, «Initial assessment report: protection risks for women and girls in the European Refugee and Migrant Crisis. Greece and the former Yugoslav Republic of Macedonia». 4 Ibid
10 11 ing international protection due to Taking into account this methodologi- As can be seen from Table 1, in the last Furthermore, in the summer of 2016 the risk of persecution in their home cal background, there is international three years the percentage of women refugee women and minors together country.5 If this protection is received, data which can help understand the asylum seekers in the EU has aver- represented over 50% of all new arriv- they become a refugee. In the EU, the magnitude of the movement of refu- aged around 30% of the total amount als, with 10% of women being preg- 2004/83 Directive considers a refugee gees at a global scale. UNHCR’s data of applications. nant. In many cases, these women to be «a third country national who, shows that the total number of dis- begin their trip in the second or third owing to a well-founded fear of being placed people in the world has risen to Table 1. Asylum seekers in Europe by sex (%) trimester of pregnancy which makes persecuted for reasons of race, religion, 65 million, a 55% increase in the last it more likely to give birth during their EU 28 nationality, political opinion or mem- four years. trip or at the country of arrival. This Assylum Men Women bership of a particular social group, is seekers has resulted in an increase of stateless outside the country of nationality and is Based on information given by 164 2014 626,960 70.3 29.7 children.12 unable or, owing to such fear, is unwill- countries, whose data has been segre- 2015 1,322,825 72.1 27.8 ing to avail himself or herself of the gated by gender, the same report con- 2016 925,730 67.2 32.7 The pattern concerning the arrival protection of that country, or a stateless cludes that women represent approxi- of migrant women in Europe has fol- person, who, being outside of the coun- mately 49% of those displaced and that Source: Eurostat lowed that of the arrival of refugee try of former habitual residence for the half of the 65 million people mentioned women. Whilst immigration was tra- same reasons as mentioned above, is are minors. It’s difficult to give an exact number of ditionally seen as a male dominated unable or, owing to such fear, unwilling women arriving in the EU in the last issue, currently half of the immigrated to return to it».6 Other relevant data show that only few years. One of the main reasons is population in the EU are women.13 The 20% of the total number of refugees that data of new arrivals is often put main reason to emigrate is no longer People who benefit from subsidiary in the world are in refugee camps. The into three categories: men, women and to reunite a family with those that had protection also enjoy international rest can be found in informal camps or minors. This makes it difficult to count immigrated before them, but in many protection. They are also defined by urban areas, which can make it diffi- the total number of displaced under- cases, this process is now led by women the 2004/83 Directive as «a third cult to protect those especially vulner- age women as they are lumped into who leave their families behind in their country national or a stateless per- able.8 the category ‘minors’ where there is no country of origin. son who does not qualify as a refugee gender based distinction. In addition, but in respect of whom substantial In Europe, official UNHCR data shows as we mentioned before, the total num- grounds have been shown for believing that during 2015, 25% of new arriv- ber of refugees is also not clear, due to 1.2. MAIN SITUATIONS OF that the person concerned, if returned als were minors, 17% women and 59% the inability to register all arrivals. DISCRIMINATION AND/OR to his or her country of origin, or in the men.9 The country with the highest FUNDAMENTAL RIGHTS case of a stateless person, to his or her number of refugee arrivals was Greece, The European institutions also high- VIOLATIONS country of former habitual residence, with almost one million, but there was light the growth in percentage of would face a real risk of suffering seri- also an important influx through the women and minors —accompanied or In 1985, the United Nations (UN) high- ous harm».7 Italian coasts from Libya and on the unaccompanied— that have arrived lighted the special vulnerability that Spanish coasts through its southern in Europe in the last couple years. refugee women faced due to the fact This report refers to the migrants border. The data concerning women in The EU Commissioner for Migra- that they were confronted with many arriving to the European coasts as each of these ports of arrival is similar. tion, Home Affairs and Citizenship dangers and discrimination situations refugees, even though, legally, they are Refugee women represent less than Dimitris Avramopolous has stressed that could be eliminated or reduced not. This is done mainly to differentiate 50% of the total arrivals in Europe, but how «women and young people are with a differentiated management at them from other forms of immigration just like with minors, there has been a especially at risk in Greece, where the time of their arrival.14 arriving in Europe and to use the same significant rise in their percentage of over 40% of those pre-registered were language that has been established by arrivals.10 women».12 the media and the civil society.
5 UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES, «Convention and protocol relatin to the status of refugees». 6 GIL-BAZO, «Refugee status, subsidiary protection, and the right to be granted asylum under EC law». 11 «Remarks by Commissioner Dimitris Avramopolous at the round table on Addressing vulnerabilities of refugees and 7 Ibid. migrants on their journeys from their countries of origin to their countries of arrival at the UN Migration Summit». 8 UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES, «Tendencias globales. Desplazamiento forzado en 2015. 12 MCHUGH, «Refugee women are carrying more than an uncertain future». Forzados a huir». 13 THE ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT. A profile of Immigrant Populations in the 9 Ibid. 21st Century: Data from OECD Countries. 10 Ibid. 14 UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES. «UNHCR Policy on refugee women».
12 13 Analysing the different dangers and Even if violence against refugee women - Include a gender perspective and administrations to promote dialogue discriminations suffered by refugee is often the result of the intrinsic dis- segregated gender information in between refugee and local women. women we can see three distinct stages crimination that they suffer in a patri- migration and international protec- of their trip —origin, transit and desti- archal and heteronormative society, tion statistics. The EP has therefore provided clear nation. Even though gender based vio- some of it is worsened by the lack of - Establish a list of safe countries requests in order to fight against lence (GBV) and trafficking of human specific spaces and prevention mecha- taking into account how gender may the violation of the rights of refugee beings (THB) can be found in all three nisms in refugee camps.17 As indicated affect which countries are included women. stages, this report will also show how by the EP’s motion, which references in the list. there are certain situations which are many of the needs already detected - Provide refugee women with detailed specific to each stage. by UNHCR in 2001, the specific needs information regarding asylum pro- 1.2.1. Common violations of refugee women and girls are not cedures as well as the rights and and discriminations In March 2016, given the arrival of being correctly addressed.18 The EP specific services available to women in the three stages refugees to the European coast, the demands in its motion a series of nec- asylum seekers. EP published a motion about the situ- essary measures to improve the situa- - Reinforce police and judicial coop- Two of the main right violations that ation of refugee women and asylum tion of refugee women and children in eration to combat THB, to which women suffer, THB and GBV, can be seekers in the EU.15 This motion high- the context of the current refugee cri- women and girls are particularly found at all three stages of the journey lighted that women and girl asylum sis. The most significant demands by exposed. Ensure early intervention that refugee women undertake. Even seekers have different needs from the EP are the following: when there are suspicions of gender though there are some specific mecha- men, and that women and the LGTBI violence and prevent forced mar- nisms to stop them, the difficulty in community are subject to specific - Open legal and safe routes for refu- riages for women and girls once a detecting them makes its eradication forms of gender violence. In the same gees, and the consideration of gender refugee or protection status is given complex. document, the EP detailed the specific in order to achieve an effective pro- to them. needs for refugee women and girls as tection of refugee women and girls. - Ensure full access to healthcare, well as specific situations of discrimi- - Apply measures with a gender per- sexual, and reproductive rights as Trafficking in Human Beings nation and violence that they suffer spective and personalize the atten- well as to protection and assistance in refugee camps, and demanded that tion that refugee women and girls during their stay in refugee camps, According to the 2011/36/EU Direc- all policies and asylum procedures, face in all the stages. border controls, and in their entry tive, which regulates the prevention including the evaluation of the asylum - Ensure the possibility of personal- in the EU. and fight against the trafficking of requests, should have to be applied ized attention and inscription of - Guarantee family reunification. people, THB is defined as the inten- with a gender perspective. women that arrive with a family to - Implement control mechanisms tional capture, transport, or recep- ensure their personal safety. in saturated reception centres, tion of people, including the exchange Once again, there is a general lack of - Guarantee specialized advice in which have to respect the criteria or the transfer of control over those specific quantifiable data that shows trauma and psychological attention to prevent gender violence, such as people, through threats or the use of how many women have faced vio- for women victims of gender violence separated rest and bathrooms for force or other forms of coercion for lence during their trip or once they’ve and with the direct intervention of women as well as adequate spaces the purpose of exploitation. arrived in Europe. One of the main specialist women in these issues. for the care of children. reasons is the lack of trained staff who - Underline the importance of con- - Implement specific measures to It’s hard to estimate how many refugee can detect possible cases of sexual or sidering different forms of gender ensure the inclusion of refugee women and girls have been involved family violence, as well as victims of violence and discrimination as valid women and asylum seekers in their in THB, but on a global scale, data trafficking of human beings. Some reasons to ask for asylum in the EU. new society and in the labour mar- confirms that 98% of all those who reports made by organizations in the Furthermore, keep in mind that ket. have suffered THB are women.19 At field have detected however that in women can be persecuted due to - Take into account local and regional the European level, the latest THB refugee camps or during transit, these their gender even in countries con- administrations as key players for report published in 2016 by Europol situations of violence are plentiful.16 sidered safe. the inclusion of refugee women has detected that a majority of THB and asylum seekers, especially to cases have sexual exploitation as their the labour market. It urges these main aim.20 Furthermore, this report 15 EUROPEAN PARLIAMENT, op. cit. 16 UNITED NATIONS REFUGEE AGENCY, et al., «Commission. Initial report: Protection risks for women and girls in the european refugee and migrant crisis». 17 Ibid 19 GREVE, «Human trafficking: What about the men and boys?». 18 «Mujeres refugiadas y solicitantes de asilo en la Unión Europea». 20 EUROPOL, «Situation Report. Trafficking in human beings in the EU».
14 15 warned that there were over 5,000 tex and the European Asylum Support a distorted perception of its extent.27 same rights as those who flee war».29 In unaccompanied minors (UM) that had Office to combat it effectively. The EP One of the great threats of GBV is fact, in many armed conflicts, women disappeared in Italy, and 10,000 in the considers the establishing of legal and therefore the low percentage of com- are used as weapons to further attack whole of the EU, some of whom could safe routes key for the arrival of women plaints which can be explained due to the population. A clear example are the have fallen under the control of exploi- refugees and their families and thus a vast array of reasons: from the vic- Yazidi people, whose women have suf- tation networks.21 reduce the possibility of them becom- tims blaming themselves, lack of trust fered gross violations of their rights by ing victims of THB during transit. in authorities, and fear of reprisals. fighters of the Islamic State (IS).30 31 It’s important to keep in mind that, Furthermore, in many cases integra- even though the most common form of tion policies from host countries make Gender is not included in the list of THB is related to sexual exploitation, Gender Based Violence refugee women more economically reasons for persecution established there is also an important percent- and social vulnerable. The difficulty in the 1951 definition of refugees by age of THB cases for labour exploita- There is also a high risk of refugee for some refugee men to find a job or the Geneva Convention. Nonetheless, tion or others where the percentage of women and girls to suffer from GBV suddenly finding themselves with a UNHCR has stated that women belong men affected is significant and which during the three stages of their jour- lower amount of decision making abili- to a social group that can be victims of require special intervention to end ney. GBV encompasses different types ties in their host country can develop right violations and can therefore seek with the exploitation of humans world- of violence and in the case of women into an increase of violence on their asylum for this reason. The special wide.22 According to the latest data refugees it can be found mainly part to impose their authority.28 To situation of refugee women makes it presented by the International Organ- through sexual abuse and physical increase the percentage of women that hard in many cases to show this need ization for Migration, in the central violence. This kind of abuse can even report being victims to GBV it’s vital to of asylum in third countries.32 This Mediterranean route —through the explain their need to leave their coun- give all transit and arrival spaces with is added to the fact that the criteria to Italian coasts— 76% of migrants and try of origin. personnel trained on these issues and determine the list of safe countries does potential asylum seekers have experi- women interpreters. not take into account gender issues and enced situations that could be defined Another type of GBV suffered by therefore does not distinguish between as exploitation and human trafficking. women and one which can be harder safe and non-safe countries for vulner- This can be compared to 14% of those to detect is violence within the family. 1.2.2. Violations and able groups such as women. This can using the eastern routes through Tur- This kind of abuse can also be found discriminations lead refugee women to third countries key and Greece.23 The data presented in all the stages of their trip, and can in the origin stage where their rights can also be violated. makes self-evident the great danger be a constant in the life of refugee involved for all those undertaking the women either from their partner or Women who ask for international pro- Other reasons to seek asylum for rea- journey due to the non-existence of from other family members. The EP tection sometimes flee their countries sons of gender can be: female genital any safe routes and the increased dan- has demanded mechanisms to pre- due to gender persecution. These cases mutilation (FGM), forced marriages, ger of the central route. vent this kind of violence by increasing are often not visible, but some organi- honour killings, or dowry killings. the autonomy of refugee women with zations that work towards defend- As the aforementioned EP motion sug- regards to their family.25 A clear exam- ing asylum rights have tried to make gests, criminal gangs profit from the ple of this can be found in the need to them more visible. A clear example is nonexistence of safe routes, regional make asylum applications individual the Spanish Commission for Refugee instability and the special vulnerabil- and not only for the whole family. Aid (CEAR) who in 2016 launched a ity of women and girls to abuse them campaign reporting this situation and through human trafficking and sexual One of the main problems when deal- claiming that these women have «the exploitation.24 The motion asks the ing with GBV is the lack of data and Member States to improve political the fact that many times victims are and judicial cooperation as well as rarely willing to report abuse or seek 26 SANSONETTI, «Female refugees and asylum seekers: the issue of Integration». 26 their cooperation with Europol, Fron- help. This means that there is often 27 Ibid. 28 Ibid. 29 COMISIÓN ESPAÑOLA DE AYUDA AL REFUGIADO. «Refugio por genero: el mismo derecho a asilo que quienes huyen de la guerra». 21 TOWNSEND, «10,000 refugee children are missing, says Europol». 30 Ibid. 22 GREVE, «Human trafficking: What about the men and boys?». 31 Recently, the valour of Yazidi women was recognized by the EP with the Sakharov Prize for Freedom of Thought to two 23 INTERNATIONAL ORGANIZATION FOR MIGRATION, «Analysis: flow monitoring surveys. The Human Trafficking and of them who had been kidnapped and became sexual slaves to IS fighters. NAVARRO, «Premio Sajarov para dos esclaves other exploitative practives prevalence indication survey. Reporting period June 2016-September 2016». sexuales del Estado Islámico, defensores de la minoria yazidí». 24 EUROPEAN PARLIAMENT, «Report on the situation of women refugees and asylum seekers in the EU». 32 CASTRO, «L’asil per motius de persecució de gènere. El supòsit del tràfic d’éssers humans amb finalitat d’explotació 25 Ibid. sexual».
16 17 Female genital mutilation Forced marriages, and honour of violence or harassment relating and that the actions by governments, and dowry killings to the dowry that can occur before humanitarian actors, European insti- According to data from 2014, between or after their marriage or during its tutions and civil society to change this 100 and 140 million girls and women The three main right violations of mar- celebration».40 This kind of gender has not been adequate.44 worldwide have suffered from FGM ried women that occur in the coun- violence can be found for example in and it is estimated that over three mil- tries of origin are forced marriages, India, where it is calculated that 8,233 The same report highlights the lack lion girls are currently at risk of suf- and honour and dowry killings. Even women were murdered in 2012.41 of vision by the authorities to see fering from it every year in Africa.33 though they can occur at any age, the sexual violence that women are FGM is usually done on girls between forced marriages are strongly related exposed to, since there is no offi- 4 and 12 years old, even though in to underage brides who are sometimes 1.2.3. Violations and cial data to measure this. As in other some cultures it is carried out shortly forced to marry men that are much discriminations cases, sexual violence survivors rarely after being born or before marriage. older than them. In some developing in the transit stage explain the situation or look for help There are different types of FGM but countries, over 70% of girls are mar- for fear of being stigmatized or not they all have both physical as well as ried off before their 18th birthday, Even though in many occasions refu- wanting to re-live yet again such a psychological consequences that can many by force. In many cases, these gee women don’t flee their country of traumatic experience. The team that affect the victims all their lives. Some forced marriages imply the kidnapping origin for gender related reasons, dur- led the report found that there was a of these consequences are, among oth- of a woman who is forced to marry ing the transit between their country lack of programs in place to prevent ers, haemorrhages, infections, severe their kidnapper.37 of origin and destination, they can find this kind of violence. They also con- urinary problems, difficulties when themselves in situations where their sidered there was a lack of safe spaces giving birth and the development of Honour killings can be defined as acts rights can be violated. for women and girls, including spaces mental health problems. of violence, often resulting in death, for personal interviews, nor separate caused by the male members of the In addition to the discriminations accommodation, or segregated water FGM is internationally recognised family against female members who described before, during this stage sanitation and hygiene facilities. In as a violation of the human rights of are considered to have dishonoured there are some further issues worth the case of women that travel alone or women and girls since it affects their the family.38 The reasons that lead to mentioning. Several studies have with minors, this has aggravated their rights to health, safety and personal these crimes can range from refus- reported that in temporary refugee health further as in many transit cen- integrity, the right to be free of torture ing an arranged marriage, becoming camps in Greece, as well as in other tres, where men and women sleep in and degrading situations, and their victims of rape, asking for a divorce places, the needs of women have not the same tents and use the same facili- right to life.34 from their husband or an accusation of been properly addressed.42 This has ties, some women decide not to eat or adultery. Sometimes these crimes are meant an increase in their vulnerabil- drink so as not to have to use the same Even though this kind of violence is the result of the perception by the fam- ity and a higher chance to suffer from bathroom facilities as men. In some mainly found at their country of ori- ily that a female member has dishon- GBV or to become victims of THB.43 cases, these women leave the camps to gin, it is important to state that there oured their name. In many cases these sleep outside as they feel safer.45 are also cases of FGM in girls that live women have no chance to flee and it is UNHCR, The United Nations Popula- in Europe. An example is the United estimated that over 5,000 women are tion Fund and the Women’s Refugee UNHCR’s report also denounced a lack Kingdom where a study has shown assassinated each year as a result of Commission have elaborated a report of gender separate distribution lines that 137,000 women living in England these crimes.39 that analyses the situation of refugee for food, segregated bathrooms, and and Wales had been victims of FGM.35 women and girls in the camps based separate rest rooms for specific groups In some cases, some FGM victims even Dowry killings are usually perpetrated in Greece and the FYROM. They con- such as women traveling alone and in travel to their country of origin to have by the victim’s in-laws. According to cluded that both migrant and refugee families.46 the procedure performed.36 the UN, it can be defined as «any act women and girls face grave dangers,
40 UNITED NATIONS, «Good practices in legislation on “harmful practices” against women». 33 FELDMAN-JACOBS, and CLIFTON, «Female Genital Mutilation/Cutting: Data and Trends. Update 2014». 41 LEÓN, «El país que asesina a las mujeres por la dote y aborta a las niñas». 34 SANSONETTI, op. cit. 42 UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES, «Initial assessment report: protection risks for women and 35 RHODES, «Charity warns of FGM 'parties' taking place in England». girls in the European Refugee and Migrant Crisis. Greece and the former Yugoslav Republic of Macedonia». 36 GUTIÉRREZ, «Creix el nombre de noies en risc de patir ablació a Catalunya». 43 Ibid. 37 UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES, «Matrimonio forzoso». 44 Ibid. 38 «Item 12- Integration of the human rights of women and the gender perspective: Violence Against Women and 45 AMNESY INTERNATIONAL, «Female refugees face physical assalt, exploitation and sexual harassment on their journey “Honor” Crimes». through Europe». 39 RIVERA DE LA FUENTE, «Crímenes de honor: peligro de muerte a mujeres que se rebelan contra el mandato familiar». 46 UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES, op.cit.
18 19 In 2001, taking into account that half refugee women. This in turn makes data of this specific profile. In many to prevent violations of their rights of refugees were women and girls, and them more susceptible to suffer from cases, they are included in the gen- such as GBV or THB. These fields are: that their risk of suffering GBV dur- sexual violence or to fall prey to THB eral statistics of migrant women even housing, training and language, access ing the transit stage was high, a series without the authorities being able to though their needs are different. to the labour market and access to the of compromises were adopted by intervene. healthcare system. UNHCR. These included the establish- There are several fields of special ment of integrated strategies against impact for the effective integration of Regarding housing, it is clear that violence, individual registration of 1.2.4. Violations and refugee women and girls in their host for the whole refugee community the refugee women and provision of perti- discriminations country. These are key elements for the access to a permanent home is essen- nent documentation to guarantee their in the destination stage prevention of new violations of their tial, especially after living the first cou- individual safety, the need for half of rights or to ensure that they don’t con- ple of months in centres managed by the refugee representatives to UNHCR Women also face specific challenges tinue suffering the same problems that organizations in charge of their recep- to be women, and the standardization when they arrive in their host country. they’ve encountered in their country of tion. Refugees have to face several of UNHCR’s help programs have to As a consequence, reception and inte- origin or during transit. One of these obstacles in order to access safe hous- ensure that all women receive sani- gration policies have to be applied with key elements is access to information. ing, such as prejudice by landlords. To tary products that fulfil their specific a gender perspective if they are to suc- In many cases, the lack of information change this situation, the study sets needs.47 ceed. It is therefore instrumental that and cultural barriers makes it harder out a proposal to launch an awareness public institutions and NGOs conduct for asylum seekers and refugees to campaign in the hosting society and Ten years later, the analysis of the integration measures that take into properly integrate themselves into, for improve the access to adequate hous- implementation of these compromises account the needs of all people that example, the labour market or their ing for refugees.54 was positive and helped in improving seek asylum. One of the most adequate host country’s healthcare system.51 the protection of refugee women dur- methods to achieve this is through the For women refugees, the lack of an ing transit. The results showed that participation of women in the creation The EU does not have specific legisla- adequate space can expose them to 93% of refugee women in the camps of policies that allow the empower- tive powers regarding refugee inte- GBV by both those who live in the were registered individually and that ment of women in their new host soci- gration which explains the lack of same quarters as them, as well as by 51% received the necessary documen- eties.49 legislation regarding the protection landlords. It is therefore essential tation to guarantee their individual of refugee women. The reception and to guarantee an alternative and safe security, freedom of movement, and In the discrimination suffered in their integration of refugees is an affair left space and a solution for those women access to services. 83% of women who host country, we can also find that to the MS, which in turn also limits the who need to recover from the trauma reported cases of violence received those women who have left their coun- ability of regional governments, such that this violence entails, or to prevent assistance. Women were also propor- try and have asked asylum for reasons as the Generalitat de Catalunya, to that it occurs. In the case of women tionally represented in a third of the of gender are not on equal footing as have a say in the matter.52 traveling alone or with minors, the committees in the camps, more than those who have asked for asylum for study proposes that in the first recep- half of women received hygienic prod- other reasons, be it politics, race, or Despite this lack of powers by the EU, tion, they should be placed in separate ucts, and at least 50% of those working religion among others. Each State has the EP’s policy department published spaces from men to prevent any kind of in the distribution of food at refugee regulatory legislation that makes asy- a study in 2016 to analyse the main abusive or violent situations. camps were women.48 lum applications more or less difficult challenges regarding integration of for reasons of gender. The particulari- refugee women and asylum seekers.53 Training and learning the language Despite these advances, one can see ties of the Spanish State will be ana- This study incorporates some inter- of the host country is a key element to that in the current arrival of refugees, lysed later on in this report.50 esting initiatives, not all of which are ensure the quality of life and economic especially through Greek and Italian within the scope of the EU, to make independence of all new arrivals. coasts, the facilities, which in many The first difficulty faced in the imple- integration more effective. It includes According to the EP’s study, this train- cases are overcrowded, sometimes mentation of integration measures for a classification of what it considers to ing must also promote the integration are unable to deal with the needs of refugee women and girls is the lack of be the basic fields for integration and of refugees and asylum seekers into the
47 UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES, «Los cinco compromisos del ACNUR con las Mujeres 51 SANSONETTI, op. cit. Refugiadas». 52 «Dolors Bassa: “Fem una crida a accedir als fons europeus d’asil i immigració per gestionar des de Catalunya l’acollida 48 Ibid. de les persones refugiades”». 49 SANSONETTI, op. cit. 53 SANSONETTI, op. cit 50 CASTRO, op. cit. 54 Ibid.
20 21 labour market and prevent the social notably in that of healthcare with low cies can reduce the possibilities for exclusion of this group. To achieve wages and bad conditions. them to suffer GBV or THB which in this, the participation of employees some cases can be intensified when the and employers is necessary. Regarding access to healthcare, one integration is not successful and they can find a great amount of refugee are excluded from their host society. For refugee women one must take women that during transit have seen into account their responsibilities at how their sexual and reproductive home and in taking care of the family health was put at risk and in many children when designing the training cases have arrived to their host coun- programs. Learning the language of tries with different kinds of problems the host country will also be a key ele- such as unwanted pregnancies, sexu- ment for their independence as they ally transmitted diseases and absence will not need help from anyone else in of family planning. This is added to their family to act as their interpret- physical and mental health problems ers. of all those who flee a war or persecu- tion such as malnutrition, psychologi- Access to the labour market is another cal trauma, and violence, as well as essential issue for the integration of the gender based problems for asylum women refugees in the host society. seekers such as FGM. There is often a negative relationship between the employment of refugees Furthermore, there is a great amount in their country of origin and that in of refugee women that arrive preg- their host country. This is often the nant in host countries or which have case due to the lack of recognition of given birth to their babies during professional and academic experience transit. This means they have spe- by the legislation and labour market cific health needs which are added to of the host country. their other requirements. To deal with all these challenges it is necessary to In the case of women refugees, the improve the access of refugees to pub- segregation that the female popula- lic health systems, to break language tion suffer in the labour market is barriers and to provide them with all exacerbated by the discrimination the necessary information. One of they suffer as newly arrived. This the main elements to achieve this is leads to double discrimination. In through the correct training of health many cases this is made more difficult workers and the participation of refu- by barriers that are often imposed gees that can be trained in this area. by their own families seeing as how This is added to special training for in some cultures it is not acceptable interpreters of the community who for women to work if the man of the can help in transmitting information family has a job.55 Breaking through between the healthcare workers and these barriers and promoting dig- the refugees. nified work for these women is key to increase their independence and There are therefore many aspects empowerment as well as to prevent which make the integration or refugee situations of violence and abuse. In women to the host country difficult. the end, many of these women end up In any case, as has been mentioned, working in secondary markets, most the design of specific integration poli-
51 Ibid.
22 23 2 LEGISLATION REGARDING REFUGEE WOMEN
When analysing legislation, one can see some of which have been discussed that special action regarding refugee in this report. Even though many of women and children can be found at these documents are not laws in the the international, European, national strict sense of the word, the EU and its and regional levels. Most of the leg- Member States use them as guidelines islation has been as a consequence of when they need to prepare legislation the 1951 UN convention regarding the regarding refugees and refugee women status of the refugee and its 1967 pro- in particular. tocol.56 This legislation should have as its main objective to improve the situ- Some of the most important docu- ation of refugee women to end with the ments by international institutions violation of the rights that have been that have expanded on the original previously described. documents by the UN include:
- UNHCR Guidelines on the Protec- 2.1. INTERNATIONAL tion of Refugee Women (1991). LEGISLATIVE FRAMEWORK - UN Security Council Resolution No. 1325/2000 on Women and Peace The first document at an interna- and Security (2000). tional level which looked at the spe- - UNHCR Five Commitments to Ref- cial situation of refugee women was ugee Women (2001). UNHCR’s Policy on Refugee women in - UNHCR Guidelines on Interna- 1990. Even though the special status tional Protection: Gender-related of women had been discussed before, Persecution within the Context of this document was the first to specifi- Article 1A(2) of the 1951 Convention cally talk about policies that needed to and/or its 1967 Protocol relating to be developed for their protection as a the Status of Refugees ( 2002).57 differentiated group. - UNHCR Sexual and Gender-based Violence against Refugees, Return- From that moment, several other UN ees and Internally Displaced Per- declarations and documents regarding sons. Guidelines for Prevention and refugee women have been published, Response (2003).
56 UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES, «Convention and protocol relatin to the status of refugees». 57 UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES. «Guidelines on International Protection: Gender-Related Persecution within the context of Article 1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees».
24 25 - UNHCR Guidelines on Interna- 2.2. LEGISLATIVE FRAMEWORK This directive has as its main objec- tion of this directive Member States tional Protection: the Application of IN THE EUROPEAN UNION tive to ensure a more common and were forced to take into account the Article 1A(2) of the 1951 Convention coherent European framework in the needs of vulnerable groups. It also and/or its 1967 Protocol relating to Taking the UN’s guidelines as a start- fight against THB with the objective asked Member States to provide spe- the Status of Refugees to Victims of ing point, the EU has also developed a of protecting its victims in different cific medical help to pregnant refugee Trafficking and Persons at Risk of series of norms with which to regulate Member States. It had to be trans- women and GBV survivors. Being Trafficked (2006). the arrival of refugees in general as posed into national law by April 2013, - UN General Recommendation well as that of refugee women. With which has been the case in all Member - Directive 2012/29/EU of the Euro- No. 32/2014 of the Committee on regards to this particular group, the States except for Belgium, Germany pean Parliament and of the Coun- the Elimination of Discrimination EU doesn’t have any powers to legis- and Denmark.63 The implementation cil of 25 October 2012 establishing against Women on the Gender- late. Nonetheless, their rights can be of this directive has nonetheless been minimum standards on the rights, related Dimensions of Refugee Sta- regulated through other legislative inconsistent. The evaluation of the support and protection of victims tus, Asylum, Nationality and State- areas such as gender or ethnic discrim- transposition reveals many difficulties of crime, and replacing Council lessness of Women (2014). ination, as well as through the mecha- to ensure the quick identification of Framework Decision 2001/220/ nisms established to promote equality victims, an indispensable prerequisite JHA. Apart from these guidelines, recom- between men and women. In the same to develop measures that can support mendations and compromises, there way, if the EU does not have a specific and protect the victims. There is also a This directive is considered to apply to are also other documents relating to budget dedicated to the integration of lack of gender perspective in its imple- all refugee and asylum seeking women GBV or women’s day to day situations refugee women, it can still invest in it mentation, even though the majority of without taking into account their that also have some implication for through other finance lines from the the victims are women. country of residence. Member States refugee women. As has been previ- social cohesion, immigration or asy- are forced to inform and protect the ously mentioned, the 2002 UNHCR lum budgets.61 Regarding the implementation in the victims of crimes committed in the EU. Guidelines over Gender Persecution Spanish State, and as has been previ- specify that it isn’t necessary to include Furthermore, worried about the situ- ously reported by SICAR64, the only - Directive 2013/32/EU of the Euro- persecution for reasons of gender in ation of refugees and refugee women, protection that THB victims have pean Parliament and of the Council the original definition of the Conven- the EP has published some motions derives from immigration legislation, of 26 June 2013 on common proce- tion since, with the correct interpreta- asking MS, the Commission, as well which excludes from protection those dures for granting and withdrawing tion of the text, this is already included as other European institutions for fur- THB victims where the traffic has international protection. within the concept of social groups. ther cooperation to improve the situa- started in a Member State. The definition of social groups is a tion of these groups.62 Its main objective is to establish com- group of people that are perceived as - Directive 2011/95/EU of the Euro- mon procedures with regard to Direc- such by society or who share a com- The directives that affect the situation pean Parliament and of the Council tive 2011/95/UE. It further develops mon characteristic. It is irrelevant if of refugee women more directly and of 13 December 2011 on standards the needs of third country citizens that the persecuted feel as if they belong to that develop Europe’s asylum policy for the qualification of third-coun- seek asylum in Europe once they have this group, what is most important is started with the 1997 Amsterdam try nationals or stateless persons arrived and determines the concept that the actors that persecute believe Treaty. These include: as beneficiaries of international of safe third country and safe country them to be so.59 Taking into account protection, for a uniform status for of origin. Furthermore, it also makes this definition, according to the - Directive 2011/36/EU of The Euro- refugees or for persons eligible for several references to the manage- UNHCR, «sex can properly be within pean Parliament and of the Council subsidiary protection, and for the ment of the protection of international the ambit of the social group category, of 5 April 2011 on preventing and content of the protection granted. unaccompanied minors. Even though with women being a clear example of combating trafficking in human it was included at a global level, the a social subset defined by innate and beings and protecting its victims, Its objective is to standardize the sta- text makes no reference to the specific immutable characteristics, and who and replacing Council Framework tus of refugees, those with subsidiary needs of women who ask for interna- are frequently treated differently than Decision 2002/629/JHA. protection and the minimums of guar- tional protection or to the victims of men».60 anteed protection. In the implementa- THB.
58 Ibid. 59 CASTRO, op. cit. 60 UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES, op. cit. 61 SANSONETTI, op. cit. 63 EUROPOL, «Situation Report. Trafficking in human beings in the EU». 62 EUROPEAN PARLIAMENT, op. cit. 64 The leading organizaton that leads with THB victims in Catalonia
26 27 - Directive 2013/33/EU of the Euro- situation of women refugees in other different actors that work with asylum vulnerable groups —specifically men- pean Parliament and of the Council documents such as the communication seekers is precisely this implementa- tioning pregnant women and those of 26 June 2013 laying down stand- on the European Migration Agenda66 tion gap, as well as the ambiguity of who have been victims of torture, rape ards for the reception of applicants —where it has asked for more effec- interpretation of the law. Moreover, or other acts of violence such as THB, for international protection. tive measures to combat THB— or its the Spanish State has one of the lowest but not applying to women in general. conclusions in the Gender Action Plan percentages in granting international Its main objective is to establish mini- 2016-2020 where it stressed the need protection, and it can take up to two There is no specific mention to THB mum standards when receiving peo- to protect women and men from GBV years for it to provide a resolution to victims, of which women are a major- ple who have asked for international in crisis situations.67 applications. According to data pro- ity. Without any rules to deploy the protection. Regarding requests of asy- vided by CEAR, during the refugee cri- law, the exact measures to fight against lum by women, it establishes that all sis in 2015, the Spanish State refused THB are also not detailed. Organiza- MS must ensure segregated sleeping 2.3. LEGISLATIVE FRAMEWORK 69% of all applications, providing tions that work for the protection of arrangements from men, except in the IN THE SPANISH STATE refugee status to 220 people and 800 this group such as SICAR report sev- case that a family wants to be roomed subsidiary protection statuses. No pro- eral shortcomings in their protection in the same space. It also asks MS to European and international legisla- tection was awarded for humanitarian at a legislative level. On one hand, they keep in mind the specific situation of tion is applicable in the Spanish State, reasons. denounce the low number of accepted vulnerable people when applying this and its government has transposed refugee applications of THB victims, directive such as pregnant women, sin- the European directives into national The aforementioned law, contrary to which in some cases are not admitted gle parent families and victims of traf- laws. One must keep in mind that the 1951 Geneva Convention and Pro- from the start even though the Spanish ficking, torture, psychological, physi- transposition of directives can be done tocol, does include gender and sexual State is one of the main destinations cal or sexual violence, and FGM. through the addition of new legislation orientation in their definition of a refu- of THB victims. On the other hand, or by referencing old legislation that gee. Nonetheless, the same law points the fact that help and protection of It also specifically mentions victims covered the new European directive. out that this alone cannot be the rea- THB victims is organized by the same of torture and violence, ensuring their In the case of the Spanish State, the son to provide international protection administration that deals with general adequate medical treatment. Finally, it texts have been transposed in a num- for reasons of membership to a social immigration, where the personnel is also makes a special reference to the ber of different laws and rules, many group. In fact, there are less than 6 not specifically trained in these issues importance of training responsible of which already existed before the women in the Spanish State who have means that European citizens victims personnel to help the specific needs of European directive.68 It must also be received international protection for of THB would be unprotected. the applicants. noted that the EC started procedures this reason.70 This restriction is not against the Spanish State for not hav- present in the 1951 Geneva Conven- For the protection of THB victims, In addition to these five directives, ing adequately communicated the tion, which only asks for one of the per- some organizations demand the crea- there are other documents from the transposition of directives 2011/95/ secution criteria to be established in tion of an integral law seeing that European institutions that can have EU, 2013/32/EU, 2013/33/EU in the order to be considered a refugee, and currently there is a vast array of laws an impact in the day to day protec- established timetable.69 also does not follow UNHCR’s policies that have been used to transpose the tion of refugee women. This is the case in this matter.71 European directives. This dispersion of the EP’s motion from 2016 which The main law that regulates the inte- in the transposition of the European has been previously described.65 This gration of refugees and asylum seekers The 12/2009 law regulates the condi- directives means that THB victims motion highlights the need of new in the Spanish State is that of 12/2009 tions under which the Spanish State are not on the same footing as other directives made with a gender per- from the 30th of October, which by the can accept or deny the international refugees as they have less possibilities spective for those who seek interna- end of 2016 had still not been used as a protection applications, the proce- to be granted international protection. tional protection. The Commission framework to develop any kind of reg- dures to recognize international pro- This is due to the fact that in the Span- has also expressed its concern for the ulation. One of the main critiques by tection, procedures of family reuni- ish State, applications by THB victims fication for those with international are covered through the law regarding protection, the end or revocation of the rights and freedoms of foreigners 65 EUROPEAN PARLIAMENT, «Report on the situation of women refugees and asylum seekers in the EU». international protection, and the spe- in Spain and their integration instead 66 EUROPEAN COMMISSION, «Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions a European Agenda on Migration». cific situation of the minors and other of the 12/2009 law. Nonetheless, oth- 67 COUNCIL OF THE EUROPEAN UNION, «Council conclusions on the Gender Action Plan 2016-2020». 68 Detailed transposition of Directives 2011/36/EU, 2011/95/EU, 2012/29/EU, 2013/32/EU and 2013/33/EU can be found at: eur-lex.europea.eu. 69 CONSEJO GENERAL DE LA ABOGACIA ESPAÑOLA, «Procedimientos de infracción abiertos contra Estados Miembros de 70 Information provided by CCAR. la UE por inclumplimiento del paquete legislatiu sobre asilo». 71 CASTRO, op. cit.
28 29 ers believe that, in order not to dupli- declared that it considers the option of Catalan government still has room for cate legislation and to establish better allowing embassies to process asylum improvement: it can create a strategic coordination between the THB vic- applications unfeasible, as this would and operational plan with regards to tims applying for international protec- oversaturate their capabilities.74 those requesting international protec- tion, the ideal would be to approve a tion. new law which directly substitutes the current 12/2009 law. By doing so, the 2.4. LEGISLATIVE FRAMEWORK intention is for the new law to make the IN CATALONIA refugee/international protection sta- tus and that of THB victims the same, Regarding asylum regulation at the thus guaranteeing them the same Catalan level, it is important to high- rights since both have suffered grave light that, even though the Catalan violations of their fundamental rights. Government has powers of legislation This is the model used by other coun- in the integration of immigrants, all tries such as the United States to avoid refugee legislation is done at national duplicating structures and benefits.72 level. This gives autonomous commu- nities, who in the end will be the actors Finally, it is important to highlight a that deal with the day to day of the procedure that was included in Span- refugees, with a small leeway to adapt ish legislation that is no longer in use the policies relating to the reception of since 2009. This procedure allowed refugees in Catalan territory according the possibility to ask for asylum from to their social, cultural or economic the Spanish embassy located in a third needs. country. The 12/2009 law has not elim- inated this possibility outright, but it Nonetheless, the Catalan government has made this process more difficult created the Committee for the Recep- as it only gives embassies the power to tion of Refugees in 2015 with the provide a visa to travel to the Spanish objective of coordinating the different State where the asylum procedure can civil society organizations, depart- begin. Nevertheless, this law cannot be ments, and administrations that work applied since there is no specific mech- on this issue. It is formed by members anism in place to allow this to happen. of competent authorities of the Cata- lan administrations in this matter, the In the context of the latest refugee Catalan Fund for Development Coop- crisis, many organizations and politi- eration, the Council of Catalan Bar cal parties demand that this mecha- Associations and organizations spe- nism become an option to establish cializing in the field of refugee recep- safe pathways into Europe. Refugee tion. The committee has included women, who usually travel within a the treatment of refugee women and family or alone with minors usually refugee LGTBI into the agenda of their look for these safe paths, so the imple- working group on refugee reception in mentation of this kind of mechanism order to properly address their needs. would be extremely useful in reduc- The absence of jurisdiction and leg- ing situations of significant danger islative power that the Catalan gov- and discrimination that they can face ernment suffers from accounts for during transit.73 The EC however, has their lack of action in this area. The
72 Information provided by SICAR. 73 EUROPEAN PARLIAMENT «Report on the situation of women refugees and asylum seekers in the EU». 74 «Bruselas ve “inviable” tramitar el asilo en Embajadas fuera del territorio de la UE, como propone Unidos Podemos».
30 31 CONCLUSIONS
The systematic violation of refugee gee women on gender perspective and women’s rights is one of the most wor- GBV in order to improve their ability rying situations in Europe, especially to identify situations of right violations taking into account the current arrival that often go unnoticed, or the possi- of hundreds of refugees every month to bility of individual inscription to those the Mediterranean borders of the EU, women who ask for international pro- and the rise of women and children tection. that have decided to make this trip. To detect and eliminate the discrimi- As can be seen by UNHCR’s «Policies natory situations faced by women who on refugee women» and «Guidelines ask for international protection, it is for the protection of refugee women» essential to rely on adequate legisla- published in 1990 and 1991 respec- tion which applies effective measures. tively, the international community is In this regard, the report has analyzed aware of the vulnerable situation refu- the different legislative frameworks gee women face. This report highlights which regulate the situation of women some of the specific situations of dis- refugees worldwide. First, the conven- crimination and right violations refu- tions, guidelines and declarations by gee women and girls can suffer in the the UN and UNHCR as well as the EU three stages of their trip to Europe. directives which regulate the hosting of refugees and the fight against THB The violations of their rights can or crime. come in many shapes, from GBV and THB to FGM and dowry killings. The With regards to the transposition of report has also shown how the correct the European directives, the report has integration of refugee women in their analyzed how these have been done in host society is key to empower them the Spanish State, focusing especially and prevent further discrimination on the 12/2009 law which regulates once they arrive in their host country. the right to asylum and subsidiary The EP, aware of this situation, pub- protection. We have shown how, even lished in 2016 a motion on the situ- though it is an innovative law since it ation of refugee women where these incorporates gender as a reason to ask discriminations were highlighted and for asylum specifically, the law doesn’t suggested measures which could be consider gender by itself a reason to globally adopted by the MS to end this belong to a determined social group situation. Among others these include which can ask for international pro- training the staff that work with refu- tection. Therefore persecution due to
32 33 gender is not on equal footing as other legislation regarding the arrival of kinds of persecution. Furthermore, the asylum seekers. Its only legislative 2009 Spanish law still has no regula- powers are in reference to the arrival tions to deploy it in 2016, which makes of migrants. This makes the Catalan the application of some of its articles government less effective to deal with more difficult. This is the case of arti- these issues, even though in 2015 it cle 38 which states that embassies can has created a committee to coordinate provide visas to potential seekers of the work done by several organizations international protection so they can who deal with the hosting of recently travel to the Spanish State and make arrived refugees. To reverse this, the the official request for asylum. The Catalan government has demanded application of this article would be a in several occasions the devolution huge step forward towards creating of these powers since, at the lowest safe paths into Europe and improve administrative level, it can more effec- the lives of asylum seekers. tively deal with the hosting of refu- gees according to their specific needs Finally, the help provided to THB and that of the hosting community victims in the Spanish State is not and its labor market, a key element to at the same level as that provided to empower refugees. refugees or people who have been pro- vided with subsidiary protection. The In conclusion, once the main right vio- organizations that work with these lations of refugee women have been victims in Catalonia demand changes detected, it is necessary that current in the 12/2009 law, to make the status legislation includes all the needed of refugees and those with subsidiary mechanisms to be effectively imple- protection the same as those of THB mented as a measure to eliminate the victims, thus guaranteeing the same current discriminations faced by refu- rights to all. gee women. As has been shown, when one analyzes the arrival of refugees to In the case of Catalonia, the govern- the European coasts, this doesn’t seem ment does not have jurisdiction on to be the case.
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— UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES. «Acción contra la violència Rosa Cendón, advocacy coordinator, SICAR. sexual y de género: Una estratègia actualizada» [online]. Geneva, June 2011. Interviewed on October 24th, 2016. Available at:
38 39 CENTRE MAURITS COPPIETERS
The European Parliament recognized among European decision makers in a the Centre Maurits Coppieters (CMC) broad sense, including European Insti- as a Political Foundation at a European tutions (like the European commis- Level in 2007. Since then the CMC has sion, European Parliament, Council developed political research focusing and Committee of the Regions), other on European issues, also in the fields political actors, think tanks, research of multilevel governance, management centers and contributors to the Euro- of cultural and linguistic diversity in pean integration process. complex (multi-national) societies, decentralization, state and constitu- On behalf of the Centre Maurits Cop- tional reform, succession of states, pieters and our partners I sincerely conflict resolution and protection of wish to thank the author of the report human rights. for his groundbreaking approach to the subject and his passionate, con- So far, every little step has been impor- ceptually robust and well structured tant to the steady consolidation and factual presentation. growth of the Centre, that’s why I’m especially proud of this publication. Finally I also wish to thank you (the Indeed, it undoubtedly represents a reader) for your interest in our organi- crucial contribution to the current state zation and for reviewing our modest of affairs and will certainly have a noto- contribution to a much wider Euro- rious impact both in the Academia and pean political debate in this area.
Günther Dauwen Secretary of Centre Maurits Coppieters www.ideasforeurope.eu
40 41
GOALS OF THE EUROPEAN POLITICAL FOUNDATION MAURITS COPPIETERS CENTRE MAURITS COPPIETERS (CMC)
According to its general regulations, the Centre Maurits Coppieters asbl-vzw The Fleming Maurits Coppieters persues the following objectives and references: studied history and later became a Doctor of Laws and obtained a mas- • Observing, analysing and contrib- • Developing actions to open infor- ter’s degree in East European stud- uting to the debate on European mation sources and historical ies. During the Second World War, he public policy issues with a special information sources in a structured refused to work for the German occu- focus on the role of nationalist and and controlled way with the aim to pier. After many years as a teacher, he regionalist movements and the build a common data network on worked as a lawyer for a while. He was process of European integration; issues of Nationalism and Region- one of the people who re-established • Serving as framework for national alism in Europe; the Vlaamse Volksbeweging (Flemish or regional think tanks, political • Maintaining contacts with all People’s Movement), of which he was foundations and academics to work organisations who are active in the President from 1957-1963. together at European level; national movements and with the ent Groupings and Members in the • Gather and manage information for Institutions of the EU; Coppieters’ political career began European Parliament (TCDI). Among scientific purposes on all nation- when he became a member of the other things, he made a name for him- alist and regionalist movements, The Centre Maurits Coppieters asbl- Flemish-nationalist party Volksu- self when he championed the cause organisations, structures,… in all vzw takes all the necessary actions to nie (VU) which was formed in 1954. of the Corsicans. In the meantime, its appearances situated in a Euro- promote and achieve the higher stated With the exception of two years, Cop- Coppieters also played a pioneering pean context; goals always observing the princi- pieters was a town councillor between role in the formation of the European • Making available information to ples on which the European Union 1964 and 1983. He was also elected Free Alliance, of which he became the public on the implementation is founded, namely the principles of as a member of the Belgian Chamber the Honorary President and in whose of the principle of subsidiarity in a liberty, democracy, respect for human (1965-1971) and Senate (1971-1979). expansion he continued to play a role, context of a Europe of the Regions; rights and fundamental freedoms, At the same time, Coppieters became even after he said farewell to active • Promoting scientific research on and the rule of law. President of the newly formed ‘Cultuur politics in 1981. In 1996, Coppieters the functioning and the history of raad voor de Nederlandstalige Cul joined forces with the president of all national and regional move- tuurgemeenschap’ (Cultural Council the Flemish Parliament, Norbert De ments in the EU and making the for the Dutch-speaking Community, Batselier, to promote ‘Het Sienjaal’, results public to as many people as from which later the Flemish Parlia- a project with a view to achieve politi- possible; ment emanated), when the VU formed cal revival beyond the party bounda- part of the government. In 1979, Cop- ries. Coppieters died on November 11, pieters was moreover elected during 2005. the first direct elections for the Euro- pean Parliament. Among other things, Coppieters was the author of: ‘Het jaar van de Klap As a regionalist, he became a mem- roos’; ‘Ik was een Europees Parle ber of the Group for Technical Coor- mentslid’; ‘De Schone en het Beest’. dination and Defence of Independ- He is Honorary member of the EFA.
42 43 CENTRE MAURITS COPPIETERS MEMBERS ASSOCIATED MEMBERS
Arritti Home of the Macedonian Culture Kurdish Institute of Brussels 5, Bd de Montera, 20200 BASTIA, Stefanou Dragoumi 11, P.O. BOX 51, Rue Bonneelsstraat 16, 1210 Brussels Corsica 53100 Florina Member since 2010 Member since 2008 Member since 2008 www.kurdishinstitute.be www.p-n-c.eu Le Peuple Breton Transylvanian Monitor Fundación Alkartasuna Fundazioa Brittany Str. J. Calvin 1, 410210 Oradea, Portuetxe 23, 1º, 20018, Donostia/ Member since 2013 Romania San Sebastian, Euskadi www.peuplebreton.bzh Member since 2009 Member since 2008 www.emnt.org www.alkartasunafundazioa.org Welsh Nationalism Foundation Wales Centre International Escarré per les Fundació Emili Darder Member since 2008 Minories Ètniques i les Nacions Isidoro Antillon 9, Palma de Mallorca www.welshnationalismfoundation.eu C/Rocafort, 242, bis Iles Baleares 08029 Barcelona, Catalunya Member since 2008 Ezkerraberri Fundazioa Member since 2011 www.fundacioemilidarder.cat Basque Country www.ciemen.cat Member since 2015 Fundació Josep Irla www.ezkerraberri.org Istituto Camillo Bellieni Calàbria 166, 08015 Barcelona, Via Maddalena, 35 Catalunya Fundació Nexe 07100 Sassari Member since 2008 Valencian country Member since 2012 www.irla.cat Member since 2015 www.istituto-bellieni.it www.fundacionexe.org Fundacion Aragonesista 29 de junio, Free State of Rijeka Association Conde de Aranda 14-16, 1°, ADEO – Associacion pel Užarska 2/3 50003 Zaragoza, Aragon Desvelopament de l’Escrich Occitan 51000 Rijeka – Fiume Member since 2008 Occitania Member since 2012 www.fundacion29j.org Member since 2016 www.adeo-oc.eu Fundación Galiza Sempre Av. Rodriguez de Viguri 16, Baixo 15702 Santiago de Compostela, Galicia Member since 2008 www.galizasempre.org
44 45 Previous Centre Maurits Coppieters studies Previous Centre Maurits Coppieters policy papers
CMC 2016 — SIZE, EFFICIENCY AND EQUALITY Successful cases in the global economy CMC 2016 | 3 — 'Yes Scotland' versus 'Better together' how did it all happen? by Xavier Cuadras-Morató, Modest Guinjoan and Miquel Puig by Carlos Neira Cortizas and Sandrina Ferreira Antunes
CMC 2016 — The emergence of a democratic right to self-determination in Europe CMC 2016 | 2 — Europe: a dream and a project. Multiple identities, multifaceted nation by Daniel Turp and Marc Sanjaume-Calvet by Bernat Joan i Marí
CMC 2015 — Democracy and emerging European values CMC 2016 | 1 — The Economic Strategy of Stateless nations in the framework of the coordinated by Gerard Bona, language review by Emyr Gruffydd European Cohesion, by Nuria Fernandez Conejero, Rocio Cortés Fuentes and Luis H. Rodríguez Ruiz CMC 2015 — A quality democracy for a new state by Jaume López CMC 2015 | 3 — What future for minority languages in Europe? Conference organized by Jill Evans, Herbert Dorfmann and Csaba Sógor MEPs CMC 2014 — Paradiplomacy by Adam Grydehøj, Linda Fabiani, Jordi Solé i Ferrando, CMC 2015 | 2 — Cross-border Cooperation and Cultural Communities in Europe Lorena Lopez de Lacalle Aristi, Maria Ackrén by Jordi Baltà Portolés
CMC 2013 — An alternative economic governance for the European Union CMC 2015 | 1 — Which Federalism for Europe? by Xavier Vence, Alberto Turnes and Alba Noguera by Antonello Nasone and Attilio Pinna
CMC 2012 — The Future of Europe An integrated youth approach CMC 2014 | 1 — The Fiscal Balance of Stateless Nations with the EU by Jaume Garau and Félix Pablo CMC 2012 — The Ascent of Autonomous Nations 2nd edition The institutional advantages of being an EU member state, CMC 2013 | 2 — Globalism vs Internationalism by Matthew Bumford In a joint effort with the Welsh Nationalism Foundation by Josep Bargallón Isidor Marí and Santiago Castellà
CMC 2012 — Variations autour du concept d’empreinte culturelle CMC 2013 | 1 — Law and Legitimacy: the denial of the Catalan voice Définition du concept et metodes de Mesure, by Elna Roig Madorran et by Huw Evans Jordi Baltà Potolés CMC 2012 | 3 — Making ideas spread New Media, Social Networks, CMC 2011 — Approaches to a cultural footprint Proposal for the concept Political Communication, advocacy and campaigns, by Jorge Luis Salzedo Maldonado and ways to measure it, by Elna Roig Madorran and Jordi Baltà Potolés CMC 2012 | 2 — The size of states and Economic Performance in the European Union, CMC 2010 — The Internal Enlargement of the European Union 3rd edition by Albert Castellanos i Maduell, Elisenda Paluzie I Hernàndez and Analysis of the legal and political consequences in the event of secession or Daniel Tirado i Fabregat. In a joint effort with Fundació Josep Irla dissolution of a Member State, by Jordi Matas, Alfonso Gonzalez, Jordi Jaria and Laura Roman. In a joint effort with Fundació Josep Irla CMC 2012 | 1 — 2014-2020 Un autre cadre financier pluriannuel pour une nouvelle Europe: Pour une Europe des peuples, by Roccu Garoby CMC 2009 — Electoral contestability and the representation of regionalist and In a joint effort with Arritti nationalist parties in Europe, by Simon Toubeau CMC 2011 | 3 — From Nations to s, CMC 2008 — A different kind of kinetics Establishing a network of heritage and by Lieven Tack, Alan Sandry and Alfonso González research institutions for the (historical) study of national and regional movements in Europe, by Luc Boeva CMC 2011 | 2 — Diversité linguistique un défi pour l’Europe
CMC 2011 | 1 — Tourism and identity, by Marien André In a joint effort with Fundació Josep Irla
CMC 2010 | 1 — Language Diversity a challenge for Europe
46 47 COLOPHON CMC PAPERS | 2017 | 1
Editorial Centre Maurits Coppieters (asbl-vzw), Boomkwekerijstraat 1, 1000 Brussels www.ideasforeurope.eu
Publication date 2017
Publication series and number CMC PAPERS | 2017 | 1
Coordination Ignasi Centelles, Jaume Garau and Iva Petkovic
Editorial board Xabier Macías Günther Dauwen José Miguel Marinez Tomey Alan Sandry Josep Vall Antonia Luciani
Scientific board Alan Sandry Advisor on the field of Political Science. (Scientific Board member since 2008) Luc Boeva Advisor on the field of History of Nationalism. (Scientific Board member since 2008) Ruben Lois Advisor on the field of Geography (Advisory Scientific Council member since 2014) Carmen Gallego Advisor in the field of Anthropology. (Scientific Board member since 2012) Josep Huguet Advisor in the fields of Contemporary history and Public governance. (Scientific Board member since 2012) Jaume Garau Advisor in the fields of economic development and promotion. (Scientific Board member since 2012) Daniel Turp Advisor in the fields of international law and self-determination (Scientific Board member since 2013)
Graphics and Layout Wils&Peeters - Lier
© CMC, Centre Maurits Coppieters - asbl, Brussels, January 2017 No items of this publication can in any way be copied or used without the explicit permission of the author or editor.
48 49 The Centre Maurits Coppieters (CMC) is a European Political Foundation recognized by the European Parliament. CMC is linked to the European political family of the European Free Alliance (EFA). It’s aims are: observing, analysing data and contributing to the debate on European public policy issues with a special focus on the role of democratic-nationalist and regionalist movements and the process of European integration.