women’s asylum news refugee women’s resource project @ asylumaid issue number 54 october 2005

also in this issue ‘Gender’ and ‘tribal membership’ Other UK News can define social group, USA p. 4 Minister says ‘sex with trafficked Appeal Court reiterates women is rape’ p. 5 Campaign for Indian rape survivor In a decision that stands out against a recent UK Court of Appeal determination UK events & projects (see WAN no. 52, ‘UK Court of Appeal p. 7 deplorable decision on asylum claim re FGM and MPSG’), the 10th Circuit Appeal International news from Ivory Coast, India, Court in the USA found that a Gambia, Papua New Guinea, etc. Senegalese woman from the Tukulor p. 11 Fulani tribe who had been subjected to

Female Genital Mutilation (FGM) may be International events & projects entitled to refugee status if ‘females in p. 14 her tribe constitute a social group and New Publications International and UK she suffered FGM because she is a 1 from p. 16 female in that group’.

Online resources The 10th Circuit Court goes on to refer to p. 18 a previous case Matter of Acosta, 19 I&N Dec. 211 (BIA 1985): ‘Both gender and Notice board tribal membership are immutable p. 19 characteristics. Indeed, Acosta itself

identified sex and kinship ties as If you want to subscribe to our free bulletin ‘women’s asylum news’ by post or by email, characteristics that can define a social th please contact Malak Bagher-Niakan, email (…) group.’ The 10 Circuit court [email protected] or tel: 0207 377 further states: ‘There may be 5123. For details of all of our publications understandable concern in using gender to download or order) please go to: as a group-defining characteristic. One www.asylumaid.org.uk. may be reluctant to permit, for example, half of a nation’s residents to obtain Please send any information that you asylum on the ground that women are would like to see published in our next persecuted there. (…) But the focus with edition by 15 November 2005 (see email respect to such claims should be not on or postal address on back cover). whether either gender constitutes a

1 Source: The case was circulated by [email protected]. Reference: Niang v. Gonzales (10th Cir. 2005) FGC. wan issue number 54 October 2005 1 women’s asylum news

social group (…) but on whether the persecution is not opposition, but the members of that group are sufficiently fact that the victims are female in a likely to be persecuted that one could culture that mutilates the genitalia of its say that they are persecuted “on account females.’ of” their membership’ (…). It may well be that only certain women – say those In re Fauziya Kasinga (13 June 1996), who protest inequities – suffer harm and in accordance with Matter of Acosta, severe enough to be considered previously mentioned, it was found that persecution. The issue then becomes ‘the characteristics of being a “young whether (…) the protesting women woman” and a “member of the constitute a social group.’ Tchamba-Kunsuntu Tribe” cannot be changed. The characteristic of having It says that although an asylum intact genitalia is one that is so applicant’s opposition to FGM can also fundamental to the individual identity of constitute ‘an identifying characteristic a young woman that she should not be of the social group to which she belongs. required to change it.’ (…) The point is only that opposition is not a necessary component of a social group otherwise defined by gender and It is precisely these points that the Court tribal membership.’ of Appeal in the UK failed to identify or recognize in Fornah v SSHD [2005] The 10th Circuit Court in the USA further EWCA Civ 680 (09 June 2005) when it explains the nexus of the asylum claim in set to look at what could constitute a the case of the Senegalese woman from social group in that case.2 The Court of the Tukulor Fulani tribe. It clarifies and Appeal in the UK did consider whether reiterates: ‘For persecution to be “on ‘Sierra Leonean women who have not account of” membership in a social yet undergone the practice and fear it’ group, the victim’s protected could constitute a particular social group characteristic must be central to the (PSG) or not. But it rejected the idea persecutor’s decision to act against the that a woman from Sierra Leone opposed victim. (…) This requirement is relatively to FGM could claim asylum on the basis straightforward. It is important to note, of membership of PSG because, it said, however, that opposition to FGM need ‘as soon as [members who have not not be proved to establish nexus.’ Then been circumcised] have undergone the referring to another decision in the USA practice, they cease to be members of on an FGM case (Mohammed v. the group’ and ‘the persecution here Gonzales, 400 F.3d 785, 797 (9th Cir. would result in a full acceptance by 2005), it quotes: ‘The persecution at Sierra Leonean society of those young issue in these cases – the forcible, women who undergo the practice into painful cutting of a female’s body parts – is not a result of woman’s opposition to 2 'The proposed issue for appeal is (...) whether the the practice but rather a result of her sex persecution that Miss Forna fears, if she were returned and her clan membership and/or to Sierra Leone, would result from her membership of nationality. That is the shared a "particular social group" that exists independently of the feared persecution and, if so, what that "particular characteristic that motivates the social group" is.’ (par. 9), op. cit. wan issue number 54 October 2005 2 women’s asylum news

adulthood.’ Because of the way the legal be subsequently persecuted for not representative had initially defined the undergoing the practice. social group under which the appellant claimed asylum, it also agreed with the In the case of the Senegalese woman Tribunal decision that ‘young Sierra claimant, the 10th Circuit Court found Leonean women who [had] not that the US Board of Immigration Appeal undergone female genital mutilation’ (BIA) had failed to address the broader could not constituted a particular social social group and nexus claims and the group because it said a particular social Court ordered the case to be remanded group could must exist independently to the BIA to decide them. Along with from of the persecution (referring to the BIA, several circuit courts in the USA Shah & Islam [1999] 2 AC 629). have recognized that FGM constitutes persecution. Despite having undergone Unlike the 10th Circuit Court and in fact FGM, the Senegalese female appellant other Appeal Courts in the USA, the was able to make an asylum claim Court of Appeal in the UK failed to refer because in the USA the regulation to the analysis in Matter of Acosta which provides that an applicant can claim has previously been quoted in UK refugee status based on past asylum caselaw: that precisely because persecution: ‘An applicant shall be found of her gender in a given society (where to be refugee on the basis of past FGM which is regarded as traditional and persecution if the applicant can establish part of the cultural life is only practiced that he or she has suffered persecution on women) the claimant could claim to in the past in the applicant's country of be member of a social group, whose nationality..., and is unable or unwilling immutable characteristics are gender to return to, or avail himself or herself of and being from Sierra Leone which are the protection of, that country owing to quite independent from the persecution such persecution.' itself (FGM). RWRP caseworker Ezinda Franklin- In addition, the UK Court of Appeal Houtzager says: ‘In the US, once past failed to acknowledge that these persecution is proved there is a ‘members’ remain opposed to the rebuttable presumption that there is a practice whether or not they are forcibly risk of future persecution. The burden of subjected to it and thus can claim to proof then shifts to the state to show constitute a social group on the basis of that there is no risk of further their opposition to the practice too – as persecution. In contrast, in the UK, the pointed out by the Appeal Courts in the burden always seems to remain on the USA. appellant to prove all aspects and the law is more forward looking so past As we have mentioned in WAN No. 52, persecution has less force here.’ the fact that the practice in Sierra Leone is fully accepted as a rite of passage into adulthood does not make it more acceptable for the person who objects to it and feels it constitutes torture or could wan issue number 54 October 2005 3 women’s asylum news

Correction & Clarification dozen girls from Lithuania and Eastern Anne Holliday (not Holloway) is the co- Europe into working as prostitutes in the 5 author of the report on the IAA Gender UK. The gang’s despicable trade was Guidelines we mentioned in the front revealed after one 16 year-old girl feature of last month’s edition of WAN thought she was coming to England for a (No. 53). The authors would also like to holiday. The alarm was raised when her point out that the IAA Gender Guidelines mother realised her daughter had are not mandatory or legally binding as disappeared. According to The Times, the headlines might have suggested. the story was subsequently followed by the Lithuanian television and the BBC which tracked down enough leads for the

UK News police to raid one of the London brothels and rescue her. Four men deny charges including ‘trafficking women for sexual

exploitation, causing them to engage in Traffickers jailed for up to 21 years sexual activity without consent, and whilst Minister says ‘sex with controlling prostitution.’ The girls they trafficked women is rape’ held were told ‘there was no escape, Trafficking for sexual exploitation hit the they were fearful for themselves and headlines at the end of September when their families’. the BBC reported that 19 women had been rescued by police from a brothel in Amidst news of these trials, Home Office Birmingham.3 Minister Tony McNulty told The Observer that ‘whenever a man knowingly has sex But this month, in another case, three with a woman against her will, that is traffickers, two men from Kosovo and rape’.6 The Observer goes on to Albania both aged 18 and a woman from describe how ‘women, some as young as Lithuania, 20, were jailed for 21, 16 and 15, are lured to Britain on the false 11 years respectively after being promise of jobs as nannies or waitresses convicted of trafficking women into the only to be raped, beaten and forced to UK and forcing them to work as sex work as so-called sex slaves’. slaves in brothels.4 The court heard how their two victims, two young Lithuanian According to the newspaper, his view is girls, had been transported to Sheffield supported by a number of ministers like ‘cattle’ before being forced into increasingly concerned at the rising prostitution. numbers of women lured to the UK and into the sex trade by criminal gangs. In a further case Southwark Crown Court They believe that men who have sex heard of an Albanian Gang who tricked a with trafficked prostitutes should be charged with rape. 3 30 September 2005, online at: Hhttp://news.bbc.co.uk/1/hi/england/west_midlands/4 296412.stmH. 5 The Times, ‘Albanians “forced girls to be sex slaves”’, 4 BBC News, ‘ Sex trade gang “beggared belief”’, 18 28 September 2005, found online at: October 2005, found online at: www.timesonline.co.uk/. Hhttp://news.bbc.co.uk/2/hi/uk_news/england/south_ 6 Sources: The Observer, ‘Sex with trafficked women is yorkshire/4353344.stmH. rape, says mininster’, 16 October 2005. wan issue number 54 October 2005 4 women’s asylum news

The summary report contains a list of matters for further consideration which related publication ‘Evaluation of include a review of the current eligibility the victims of trafficking pilot criteria, better co-operation underpinned by operational protocols between POPPY project – POPPY Summary findings’ staff, the police and the Immigration (September 2005). The purpose of the Service, review of amount of resources report published by the Home Office available and resolution of the Research, Development and Statistics organisational tension between (RDS) is to help Ministers’ decision supporting trafficked women seen as making by providing information about victims and attempts to remove them as services for women trafficked for sexual illegal immigrants. exploitation. Eaves Housing, the service provider, conducted interviews with The summary findings are downloadable members of stakeholder agencies and from the Home Office’s website at: with women accepted on the scheme www.homeoffice.gov.uk/rds/whatsnew1. between March 2003 and July 2004. Of html. A printed copy of the full report the 169 referrals, 43 women were placed will be available on request in the near (70% of whom were from the former future. Soviet Union and Eastern Europe).

The report reveals a number of tensions between key stakeholder groups Campaign for Indian rape survivor involved in running the pilot. Whilst who fled domestic violence but women who were accepted into the was refused asylum POPPY project ‘spoke highly about most Ms X fled India more than two years ago aspects of the service’ they received, the to escape the violence of her ex evaluation report finds that the project husband. She was forced to marry her raised different expectations for Eaves cousin after he raped her (to save Housing (the service provider), the police honour). He divorced her the next day, and the Immigration Service. The police disputing her dowry and continued to said that they found the project of very harass her and her family. limited capacity which means ‘many women were not able to access support’. Ms X’s father was found dead in There were also no arrests or suspicious circumstances and her prosecution as a result of information mother died subsequently. Ms X provided by women in the project (which therefore has no one to protect her. Her constitutes one of the criteria for vulnerability was endorsed by expert selection). The Immigration Service evidence from a respected Consultant indicated some disappointment with the Anthropologist who stated that it would project and they said it clashed with be almost impossible for Ms X as a lone their statutory duty to remove illegal woman to safely relocate in India and entrants. make a new life. It is widely accepted that in India the police are unwilling to protect women in Ms X’s situation.

wan issue number 54 October 2005 5 women’s asylum news

However the Home Office has refused secularism in 2004.7 Born in Tehran, her Ms X asylum and she faces imminent family fled Iran after the establishment deportation to India. of the Islamist Republic. After graduating in the USA, she worked in Sudan with Ms X volunteers for a refugee Ethiopian refugees but was threatened organisation in Dover. She is by the Islamic government for setting up additionally studying nursing on a pre a clandestine human rights organisation access course. Friends and colleagues and had to leave the country. A have set up a campaign to fight for Ms prominent campaigner for women’s X’s right to remain in the UK and she has rights in the Middle East, she has worked received enormous support from her tirelessly against the Iranian theocracy local community. Ms X also has the as well as the rise of political Islam in backing of her MP. A model letter to the the world. She has written extensively Minister for Women, Tessa Jowell is on women’s rights issues, in particular being circulated which both individuals violence against women. and their MPs are being asked to sign and send a copy to Immigration Minister Another nominee for the award was Tony McNulty. Ms X’s campaign Somali-born Dutch politician Ayaan Hirsi highlights the Government’s failure to Ali who has also extensively spoken acknowledge domestic violence as about violence against Muslim women. persecution and therefore has implications for all women seeking asylum in this situation. For a copy of Return of failed Zimbabwean the model letter and more information asylum seekers blocked contact: Kate Adams Tel 07940964551 In a crucial test case, an Asylum and or Delia Hazrati 07795842238. Immigration Tribunal has blocked the Alternatively Write to: Kent Campaign to return of failed asylum seekers to Defend Asylum Seekers, PO BOX 192, Zimbabwe.8 The BBC says that ‘in short Whitstable, Kent CT5 1JU, or email: the tribunal said that no matter how [email protected]. fraudulent a Zimbabwean's asylum seekers' claim to be, they cannot be See also India and failure of state returned because the very act of seeking protection in ‘International news’ below. refuge in Britain marks them out for

7 Source: ‘Maryam Namazie wins the NSS Irwin prize Refugee woman activist receives for Secularist of the Year award’, 9 October 2005 ‘Secularist of the Year’ award available online at: Hwww.butterfliesandwheels.com/articleprint.php?num Maryam Namazie was presented with the =152H See also Nick Cohen, ‘One woman’s war’, in Irwin Prize, the National Secular The Observer, 16 October 2005 at Society’s award, earlier this month for Hhttp://observer.guardian.co.uk/comment/story/0,69 03,1593291,00.htmlH. her contribution to the promotion of 8 See BBC News. ‘Zimbabwean wins asylum test case’ and ‘Decision “blasts hole” in asylum policy’, 14 October 2005, online at: Hhttp://news.bbc.co.uk/1/hi/uk/4341226.stmH and Hhttp://news.bbc.co.uk/2/hi/uk_news/4342196.stmH respectively. wan issue number 54 October 2005 6 women’s asylum news

possible abuse from the authorities on return.’ Other asylum seekers from other UK events & projects countries can potentially challenge their deportation on similar grounds.

Launch of research on women Commenting on the decision, Keith Best, Chief Executive of Immigration and Asylum Seekers from Pakistan Advisory Service (IAS) said: ‘Once again, fleeing domestic violence civilised justice in the way of the courts The Big Lottery Fund has awarded South has prevented an abuse of executive Law Centre (SMLC) a grant authority’. He further stated: ‘Finally, to conduct research on the complex the judgement shows up the need for a issues affecting Pakistani women asylum wholly independent source of advice on seekers who have fled domestic violence the situations in countries which, again, and sought refugee protection in the UK. we have been calling for over many years. This is what happens in Canada.’ The Law Centre recognises that there is an urgent gap in knowledge and RWRP/Asylum Aid have also long called understanding of the experiences and for the set up of an independent treatment of Pakistani women survivors documentation centre on country of domestic violence who seek asylum in information and has highlighted in recent the UK. There are indications, based on publications the unfairness of current HO its experience and initial research, that policies, in particular the use of ‘safe list’ these women are not gaining justice countries and subsequent detention of under the 1951 Refugee and Human asylum seekers. The use of such a list is Rights Conventions and not gaining a violation of one of the most appropriate levels of support when fundamental principles embodied in the accessing appropriate services. The Law Refugee Convention, according to which Centre finds that the voices of the each case should be assessed on its own Pakistani women who have fled their merits. But this has only now become marital homes, their families and their an issue for the Home Office which communities because of domestic declared: ‘The tribunal has decided that, violence, are absent within the process unlike claimants from every other of service development. It also finds that country, the individual merits of their rights are largely limited within the Zimbabwean asylum claims do not count legal system. when assessing whether it would be safe for them to return to Zimbabwe.’ This new project aims to generate knowledge and understanding that will We dare to ask: what about the blanket contribute to the development of more policies such as the fast-track process effective support and legal services for and ‘safe list’ implemented by the HO in Pakistani women in the UK and recent years? How does the individual improved access to justice within the UK merit of an asylum seeker’s claim in this asylum system. It aims to seek to country fit in with these? convey the complexity and gender-

wan issue number 54 October 2005 7 women’s asylum news

specific nature of the factors that affect For more information visit the Medical the persecution of these women. Foundation website at: www.torturecare.org.uk/articles/news/70 6. The launch event will take place on Tuesday 8th November 2005 from 1pm – 3pm (refreshments and snacks provided) New GP Practice for refugees and at the Cross Street Chapel, Cross Street, asylum seekers Manchester. Please confirm attendance Harrow’s Mayor, Councillor Paddy Lyne, by contacting Nadia Siddiqui on Tel, and Harrow PCT Chief Executive, Andrew direct line: 0161 248 1879, Fax: 0161 Morgan, officially opened a new GP 225 0210 or email: [email protected] practice in Harrow for refugees, asylum by Friday 28 October. Women Asylum seekers, travellers and homeless people Seekers of Pakistan, South Manchester on 12 September.9 The Butler Avenue Law Centre, 584 Stockport Road, Access Unit will be able to take up to Manchester, M13 0RQ. 1,500 new patients not registered with a local GP. To help patients, it can be arranged for an interpreter to be New Medical Foundation office in present. The Unit will assess patients’ North East to help torture victims health needs and provide them with The Medical Foundation has opened a medical treatment. new office in Newcastle-Upon-Tyne to offer training to health professionals and others working with the estimated 7,000 Greater London Domestic Violence asylum seekers and refugees in the Project Conference North East in how best to improve the On the 27th and 28th of October, the mental wellbeing of survivors of torture. conference “A Bitter Pill to Swallow: This will include the development over Untangling perceptions about domestic two years of models of good practice violence, substance use and mental with primary care mental health workers distress” is being held at the Stella at Newcastle Primary Care NHS Trust Project, 1 London Bridge, The working with refugees and asylum Downstream Building, SE1 9GB. For seekers who have been tortured. At the more information, ring: 020 7785 3862. end of the Department of Health funded project, the models of good practice will be shared with primary care mental health workers across the UK. The Medical Foundation North East also plans to develop a counselling / casework service to work with particularly vulnerable individuals with complex 9 Source: Tracy Treanor, ‘New GP practice for needs for whom a service is not available refugees’, 14 September 2005, in Harrow Times elsewhere. online at Hwww.harrowtimes.co.uk/news/localnews/display.var. 630246.0.new_gp_practice_for_refugees.phpH. Story circulated by Hwww.asylumpolicy.infoH. wan issue number 54 October 2005 8 women’s asylum news

Rights of Women 30th anniversary (Slawo) and Drugs and Diversity conference Awareness Project (Ddap) is intended to A full day conference for women, bring together service providers, local examining current domestic law on government, police, and the local Black violence, will be held on the 3rd of and Minority Ethnic communities to take November from 9:30am to 4:45pm at action against domestic violence and Hamilton House, Mabledon Place, London substance abuse with a key focus on WC1H 9BD. The aim is to inform, culture, intervention and prevention. educate and empower women about Topics to be discussed will include their legal rights and to examine the among others: • Refugees and Asylum impact of violence on women from Black seekers • Cultural and religious and Minority Ethnic communities and challenges faced by victims of domestic asylum seeking and refugee women. violence, the Police and service providers. A light lunch, refreshments

RWRP will be facilitating a workshop at and a crèche will be available. Date: 9 the Conference on women seeking November 2005 (from 10am-4pm). asylum – seeking protection from Venue: Pollards Hill, Community Centre, violence. South Lodge Avenue, Mitcham, CR4 1LT. The cost is £70 for women’s For further information please call organisations, NGOs, CABx and Law Gennifer on 0208 648 1808, Michelle Centres; £100 for all others. For more 0208 545 3213 or Charles on information, call 020 7251 6575/6 or see 07950818088. Alternatively email: www.rightsofwomen.org.uk [email protected].

By Women, For Women Services Voices in exile for global justice The Women’s Resource Centre is holding 16 November 2005 a free consultation from 1pm – 3:30pm An evening of poetry, music, speech and on 4 November, 2005, 23 January and song with artists and campaigners from 16 February, 2006. The consultation around the world, including Algeria, Iran, meeting will strategise with other Kurdistan and Bosnia, organised by The women’s groups on the need for services Refugee Project, Exiled Writers Ink and delivered ‘by women, for women’. Stop Deporting Children. Venue: St James's Church, 197 Piccadilly, London Space is limited to 15 participants. To W1J 9LL (nearest tubes: Piccadilly and book, contact 020 7324 3030 or email: Green Park) at 6.30pm on 16 November [email protected]. 2005. All profits from this event will go to a grassroots project in Sri Lanka working with communities affected by Conference on Culture, Domestic the tsunami in 2004. violence and Substance misuse in BME communities The conference organised by South London African Women’s Organisation wan issue number 54 October 2005 9 women’s asylum news

Women in Management The Human Rights Awards 2005 – A women in management conference is call for nominations being held on 22 & 23 November at the Liberty, JUSTICE and the Law Society are Hilton London Docklands. There is a calling for nominations for the Human two-day delegate fee of £146.87. To Rights Awards 2005. The Awards join the programme or to receive more recognise and encourage individuals and information please contact Nicola organisations whose work is dedicated to Bridgett, Susan Batchelor or Laura protecting and promoting the rights of McCartney on 020 8596 5392 or visit the others. We are calling for nominations website for three awards: www.womenintomanagement.com Human Rights Lawyer of the Year – for all lawyers, from trainees to judges. The Human Rights Award – for Women’s march organisations and non-legal On 25 November, a march is being individuals. organised in support of the UN The Peter Duffy Award – for individuals International Day to End Violence in any area of work, aged 35 or under. Against Women. There will be a mixed rally at 8 pm. Please visit By nominating an individual or www.ldnfeministnetwork.ik.com/ for organisation for an Award, you not only location and times. acknowledge their contribution to the advancement of human rights, but help them become an inspiration to others. A national conference on You can find more information about the destitution amongst asylum Awards at www.liberty-human- seekers rights.org.uk. Deadline for nominations: 5pm Tuesday 8 November. On 3 December, a national conference on the destitution of asylum seekers will be held at Brunswick Parish Church, Brunswick St., Manchester, M13 9YX. Free Training for Refugees Workshops will be given on engaging The Enterprise & Employment for churches, campaigning, accommodation, Refugees project is being delivered by destitution projects, worship and Community Action Network in spirituality, understanding legislation, partnership with London Employment health and mental health and advocacy. Focus, the Refugee Council and the School for Social Entrepreneurs. The The cost is £15 if funded by an project provides training to refugees organisation, £10 for individuals, £2-5 across London who want to set up a for students and unwaged and is free to business or social enterprise. Training is refugees and asylum-seekers. Please provided FREE of charge and travel and tel: 020 8778 7788 or email: childcare expenses are reimbursed. [email protected]. The Business Skills Training covers 8½ days and includes sessions on business planning, marketing, finance and

wan issue number 54 October 2005 10 women’s asylum news

national insurance & tax. The Social Sahira, an Iraqi Kurd and Ndaba, a Enterprise Skills Training covers 10½ victim of Mugabe’s regime. days and includes management, legal and environmental issues, business For more information on the production, planning and funding. Throughout, the times of performance and special offers Refugee Council will be providing ESOL on tickets, go to: for Business training. www.rosemarybranch.co.uk/theatre.htm and download the theatre’s programme. For more, please contact: Enterprise & 24 hr. Box Office: 020 7704 6665. Employment for Refugees Project, (Source: Refugee Council Newsletter). Community Action Network, 1st floor, Downstream Building, 1 London Bridge,

London SE1 9BG, Tel: 020 7785 6231, International news Fax: 9845 456 2538, email: [email protected].

Ivory Coast: Killings, torture and

Free specialised group advice and rape committed with impunity UN guidance for Asylum Seekers says A UN report released this month says The Looking Ahead project offers advice human rights violations in war-torn Ivory to asylum seekers without permission to Coast go unpunished and are committed work looking for future studies and with total impunity by all sides in the career. It will provide information about conflict.10 The report covers a period of the UK education system and training three months from June this year. opportunities. To register please call the Violations include summary executions, Refugee Assessment and Guidance Unit beatings, detentions, torture, rape and (RAGU) on Tel: 0207 133 2110. Email: politically motivated arrests and are [email protected]. Travel expenses perpetrated in all parts of the country. will be paid. The UN says ‘the level of violations we

observe is still so high that we continue

to be concerned’’. It also says that ‘more ‘I’m an Asylum Seeker - Get Me and more violations are taking place’ and Into Here’ that the risk of more killings remains. This is a new play by Tim Lafferty at the Women and children are reported to be Rosemary Branch Theatre in North amongst those disemboweled and London, 02 - 20 November 2005. Tickets beheaded in the violence. But they are £8 - £12. The play, which is supported also targeted for sexual violence and by the Refugee Council, centres around trafficking to Nigeria where village girls four failed asylum seekers who compete are promised work as street vendors by in a reality TV show in a last-ditch organized traffickers. attempt to stay in the country. It follow the fortunes of Vladimir, a Russian 10 Source: doctor, Carmel, a Sri Lankan Tamil, Hwww.irinnews.org/report.asp?ReportID=49545&Selec tRegion=West_Africa&SelectCountry=COTE_D_IVOIRE H wan issue number 54 October 2005 11 women’s asylum news

hands and he was killed in front of According to the UN, ‘sexual violence Nagpur district court. Now the against women and girls, including rape, authorities have charged one woman forced marriage and genital mutilation, with his murder despite the fact that she is on the rise particularly in the northern was not on the site of the crime. Charges rebel town of Korhogo. And in poor against her include ‘“anti-nationalist” areas married women are increasingly crimes amounting to treason.’ She says turning to prostitution to make ends she has been singled out because she meet’. has openly criticised the police for their inaction and corruption. She is not the only one. India: Police failed to protect dozens of ‘dalit’ rape victims Following the murder, An outspoken woman from the ‘dalit’ reports that ‘prominent lawyers issued a (untouchable) community is awaiting statement saying the women should not trial in Nagpur, Central India, following be treated as the accused, but as the the murder of a local gang leader who victims’. A retired High Court Judge, raped women in ‘every other house’ of Bhau Vahane, also publicly stated: ‘In the Kasturba Nagar, a slum the circumstances they underwent, they neighbourhood in the city. According to were left with no alternative but to finish residents, the gang leader raped women Akku [the gang leader]. The women to ‘break and humiliate’ the community repeatedly pleaded with the police for of 300 families and control men, for their security. But the police failed to more than ten years.11 Girls as young protect them.’ are 12 were dragged by his henchmen into derelict buildings to be gang-raped, The case demonstrates India’s state The Guardian reports. He was also authorities inability to protect the weak accused of extorting money and and vulnerable, and in particular women, murdering three neighbours. against violence.

Despite numerous complaints to the Earlier this year a two-member Division police, in a country where rape remains Bench of the Kerala High Court let off all taboo, the local gang leader was never but one of the 36 men convicted by a charged. The police, who are said to lower court in the Suryanelli sex racket have been bribed, offered him protection case, a decision that shocked many. The and accused the women of being ‘loose’ case was about a 16-year-old girl instead. In August 2004 however the allegedly sexually harassed continuously community took the law into their own for 40 days by 42 men, who were convicted on charges of abduction, conspiracy, illegal detention, rape and 11 Source: The Guardian, ‘Arrest us all’, 16 September gang rape. Overturning an earlier verdict 2005, Hwww.guardian.co.uk/print/0,3858,5287061- by a special court which convicted 36 of 103680,00.htmlH. Source: M Suchitra, ‘Suryanelli 42 accused, the High Court acquitted all verdict: justice overturned?’ online at: the 36 individuals of the charges of rape Hwww.indiatogether.org/2005/apr/wom- surynelli.htm#continueH. and gang rape. It also reduced the wan issue number 54 October 2005 12 women’s asylum news

sentence given by the trial court to the prime accused Advocate Dharmarajan, The UN body voiced its concern about from life imprisonment to five-year’s the lack of legislation, policies and imprisonment. Despite testifying to programmes to protect women against having been threatened with death and violence against women - including drugged, the Judges felt that the girl had domestic violence – and bring many opportunities to escape. perpetrators to justice. Likewise the UN Committee called on the Gambian government to take all measures related news llll Also in India: necessary to discourage and punish the Proposal to tighten laws re: anti- practice of Female Genital Mutilation which remains widespread especially in trafficking A proposed amendment to rural areas. current anti-prostitution laws in India calls for a more severe punishment for It also voiced its concern about Section traffickers.12 According to the 33 (5) of the 1997 Gambian Constitution amendment put forward by the which derogates from the principle of Department of Women and Child and non-discrimination: according to Section awaiting cabinet clearance, those 33 girls can remain discriminated against convicted of trafficking will face with respect to education whilst women imprisonment of up to 10 years in remain discriminated against in divorce addition to a fine. The proposed law also and inheritance matters. Lastly, despite seeks to confiscate all the property of some progress in terms of women’s those guilty of trafficking. The new political participation, the UN body noted proposal proposes to set up a central that women’s representation in public agency in order to control large scale and private life remained low. human trafficking nationwide.

The Committee report is based on a

review of the combined initial, second Gambia fails its commitment on and third periodic report submitted by women rights, CEDAW says Gambia, as well as submissions and It has been more than ten years since concerns expressed by the International Gambia ratified the Convention against Federation on Human Rights (FIDH) in Elimination of All forms of Discrimination its own report on the situation of women against Women (in 1993). Yet according in Gambia. See: FIDH ‘The UN to CEDAW, the Committee charged with Committee on the Elimination of monitoring the implementation of the Discrimination against Women expresses Convention in state party, Gambia has concern regarding the human rights failed to incorporate CEDAW provisions situation in Gambia’, online at into its domestic legislation. www.fidh.org/article.php3?id_article=26 38.

12 Source: The Times of India, ‘Antiprostitution laws in for drastic revamp’, 1 October 2005, online at Hhttp://timesofindia.indiatimes.com/articleshow/1248 700.cmsH. Story circulated by Sexism and Women’s Rigths, Bulletin 2005 – 10. wan issue number 54 October 2005 13 women’s asylum news

Papua New Guinea: Police violence International events & projects widespread A Human Rights Watch (HRW) article, published in the Far Eastern Economic Burmese women receive Review Vol. 168 No. 8 (September 2005) international women’s rights prize reports that ‘severe beatings, rape and At the end of September, two women’s torture are widespread police practices’ organisations campaigning against in Papua New Guinea. The article further systematic violence against women in states: ‘Teenage boys and young men - Burma received the prestigious 2005 typed as raskols (members of criminal Women’s Rights Prize of the Peter gangs) – are frequent targets, although Gruber Foundation worth $200,000.13 even politicians’ children have been The Shan Women’s Action Network beaten. (…) Girls and women, as well as (SWAN) and the Women’s League of boys and men, report being raped in the Burma were selected by an international bushes, in police cars, in police barracks panel of experts. Representatives of the and in police stations – often by more two groups travelled to the USA to than one officer. (This is called “pack receive the award as well as raise rape” or “lineup sex” in Papua New awareness of the human rights violations Guinea).’ women suffer under the Burmese

military dictatorship. They also met with Despite these widespread violations and the Burmese community to encourage abuse of power, HRW says that there is women’s political participation in the no willingness on the part of the police to movement for political and social change investigate or prosecute its members. in Burma. Furthermore, the human rights organisation reveals that many judges SWAN was set up in 1999 in Thailand by and magistrates in the country ‘appear a group of Shan refugee women and to ignore or accept police violence’. In runs community-based programs for order to tackle the problem of refugee women and children who have widespread violence amongst the police, fled the civil war in Burma’s Shan State. HRW states that the use of violence In 2002 SWAN and the Shan Human should be publicly denounced by police Rights Foundation jointly released a officials, perpetrators prosecuted for report entitled ‘License to Rape’ which their crimes and violence by law provided details of a systematic military enforcement officers independently campaign against ethnic dissidents monitored. It calls on the international including widespread gang-rapes and community, which supports Papua New rapes of Shan women, as well as other Guinea in the form of development aid, forms of sexual violence used as a to take action by prioritising police violence. A copy of the full article: HRW, ‘Upholding Public Disorder’, is available online at 13 Source: Peter Gruber Foundation at http://hrw.org/english/docs/2005/10/11 www.petergruberfoundation.org/Women's%20Rights/ women_news.htm. And Noelle Straub, ‘Burmese /png11855_txt.htm. women expose rape by military regime’, Women’s Enews, 30 September 2005, www.womensenews.org. wan issue number 54 October 2005 14 women’s asylum news

‘weapon of war’ in Shan State between Program recently found that roughly 1/3 1996 and 2001. of the children are chronically malnourished. Hundreds of thousands of According to the Peter Gruber workers have fled to Thailand over the Foundation, ‘the report shocked the last decade in search of better world and moved many sympathizers, opportunities and to send money back to including those in the U.S. Congress and their families. State Department, and the United Nations, to action. In response the The vast majority of Burmese nationals Burmese regime pressured Thai do not possess passports and returning authorities to shut down the SWAN to Myanmar unofficially by avoiding office. Undeterred, SWAN has continued immigration checkpoints can result in to operate discreetly and supports and imprisonment for one year and a fine. encourages the growth of similar The practice of forced labour violates organizations.’ Myanmar's international obligations as well as its own domestic law. The The Women’s League of Burma is an routine denial of the right to leave and umbrella organization of eleven women’s return to their country is in groups representing different ethnic contravention of customary international backgrounds. Also set up in 1999 with law. the help of SWAN and in response to human rights abuses, it advocates for For the full report, see: economic gender equity, peace and www.amnestyusa.org/countries/myanma reconciliation, and women’s participation r_burma/document.do?id=ENGASA1602 in decision-making processes and the 32005 pro-democracy movement. It also works to oppose violence against women through its ‘Stop State Violence against 2006 Voices of courage awards Women in Burma’ campaign. For more Each year the Women’s Commission for information see: www.shanwomen.org Refugee Women and Children holds a and www.womenofburma.org. luncheon to honour individual refugee women and young people who are working on behalf of other refugees. related publication ‘Myanmar: They are now seeking candidates for the Leaving Home’ 2006 Voices of Courage awards to be has produced a report detailing the bestowed at their May 2006 luncheon. persistent human rights violations The theme of the luncheon is ‘Promoting occurring in Myanmar. The military Education in Emergency Situations.’ They routinely subjects citizens to forced will honour individuals and organizations labour, forcible relocation, extortion of in the and overseas who food, money and other personal have been key players in promoting possessions, house destruction and the education for children and adolescents denial of freedom of movement. The displaced by armed conflict. Executive Director of the World Food Nominations must be received by November 1, 2005. For more see wan issue number 54 October 2005 15 women’s asylum news

Women's Commission for Refugee Online discussion on violence Women and Children against women [email protected]. A three-week online discussion on www.womenscommission.org. violence against women was hosted by the United Nations Division for the Advancement of Women (UNDAW) from Vivre en clandestinité 26 September to 14 October. Results of This conference aims to investigate the the discussion can be viewed at: current development of asylum policies http://esaconf.un.org/%7Evaw. in Europe and which opportunities, in this context, women have to claim

asylum on the basis of their experiences. new publications It will also talk about the vulnerability of women without status who have no international social or economical rights. Contributors will be coming from a wide range of ‘Refugee and returnee children in sectors (medical, academic, social Southern Africa: Perceptions and service providers, refugee organisations) experience of violence’ as well as regions (Canada, London, The report, commissioned by the UN Spain, Brussells, Switzerland, etc.). High Commissioner for Refugees RWRP will be speaking on the current (UNHCR), looks into refugee and situation in the UK and how legislation returnee children in Angola, South Africa and policies affect women asylum and Zambia between February and seekers. March 2005.14 In all three countries, children experienced high levels of The conference, which is free for all, is aggression and sexual and gender-based organised by the organisation Women in violence. The overarching concern is Black Against Detention Centres and that such sustained discrimination could Removals (Collectif Femmes en noir lead to a loss of identity for these contre les centres fermés et les children. expulsions) in partnership with the Women’s University (l’Université des In Angola, many of the estimated femmes). Date: 19 November 2005, 300,000 refugees have found local from 9.00 to 17h30. Venue: ULB, Institut residents to be the main perpetrators of de sociologie, sale Henri Baugniet, av. discrimination. Returned refugees are Jeanne 44, 1050 Bruxelles. For more forced to compete with their neighbours information, please contact: 00 32 2 242 for scarce resources, especially for water 7813, 00 32 2 660 81 35 or 00 32 2 229 and children’s education. In South 38 25 or email Africa, children felt they were ‘outsiders’ [email protected] and were afraid of being falsely accused indicating ‘Colloque Vivre en Clandestinité’ in the subject box. 14 Source: UN Integrated Regional Information Network, ‘Child refugees suffer rejection and abuse’, 22 September 2005, onlineU at Hwww.irinnews.org/report.asp?ReportID=49194&Selec tRegion=Southern_AfricaH. wan issue number 54 October 2005 16 women’s asylum news

of crimes they didn’t commit. Boys were In a parallel publication by the United particularly afraid of going to the toilet at Nations Population Fund - ‘The Promise school for fear of being raped by bigger of Equality: Gender Equity, boys. In Zambia, children were wary of Reproductive Health and the bandits and of being raped. Girls were seen to be most at risk from local Millennium Development Goals’ Zambian residents and fellow refugee (available at www.unfpa.org), it is men. Some girls engaged in reported that ‘violence kills as many ‘transactional sex’ to make money. women and girls between the ages of 15 and 44 as cancer ... Worldwide, one in three women has been beaten, coerced ‘Addressing violence against into unwanted sexual relations, or abused, often by a family member or women and achieving the MDGs’ acquaintance. Roughly 80% of the 800 This document by the World Health 000 people trafficked across borders Organisation (September 2005) re- each year are women and girls.’15 examines the prevention of violence against women in light of the Millennium The main body of the report details the Development Goals (MDGs). It specific links between violence against concludes that many of the MDGs will be women and each of the 8 MDGs and how missed if violence against women, an MDG targets can be used to eliminate extreme manifestation of gender violence against women. The final inequality, is not addressed. However, section offers recommendations and such gender-based violence is not discusses modes of action. included in any of the targets or their The full report can be found at: indicators. Nevertheless, the report www.who.int/gender/documents/MDGs& emphasises that working toward the VAWSept05.pdf. MDGs can help reduce violence against women and, vice versa, preventing violence against women will contribute to new publications achieving the MDG targets. UK The report briefly offers a context for Report on the unannounced gender and the MDGs, noting that the inspections of four short-term UN recognised in 2000 that violence detention facilities against women is a major threat to social HM Inspectorate of Prisons published a and economic development and is closely report (September 2005) on four connected to complex social conditions unannounced investigations of non- such as poverty, lack of education, residential, short-term holding facilities gender inequality, child mortality, (Gatwick Airport North and South maternal ill-health and HIV/AIDs. Perhaps most importantly, MDG 3 is directed at the promotion of gender 15 Source: Owen Dyer, ‘Battle against poverty equality and female empowerment. hampered by sex discrimination’ in British Medical Journal online version at: Hhttp://bmj.bmjjournals.com/cgi/content/full/331/752 1/861?ecollH. wan issue number 54 October 2005 17 women’s asylum news

Terminals, London City Airport and The report can be downloaded at Dover Asylum Screening Centre) under www.statewatch.org/news/2005/sep/uk- the control of the Immigration and holding-centres-rep.pdf. Nationality Directorate (IND). The visits took place between November 2004 and January 2005. The resultant report Medical Foundation Clients Produce summarises the significant findings, Book of Short Stories About Their offers recommendations and then gives Experiences individual reports on each of the Torture survivors from the Medical facilities. Foundation’s Write to Life project have produced a book of short stories about Chief Inspector of Prisons Anne Owers their experiences. Writing is one of found that none of the four facilities were many forms of therapy used by the suitable for overnight stays although all Medical Foundation to process the stories of them may hold detainees for periods of people who have experienced torture up to 36 hours. Detainees were forced and other forms of persecution. Many to sleep on tables or in plastic chairs, clients who are authors in this book were sometimes without adequate heating, already accomplished writers before they blankets or bedding. came to this country. The book is available from Parvis Albooye, Medical None of the centres had proper facilities Foundation for the Care of Victims of for separating men, women or children Torture, 111 Isledon Road,London N7 nor did they have regular visits from 7JW. £3.50 (including p&p). For more healthcare staff nor offer routine medical on the Write to Life Project or the book, check-ups for detainees. see www.torturecare.org.uk/.

Procedures and training on dealing with suicide and self-harm were lacking in online resources three of the centres. All were found to have inadequate child protection international arrangements, and the London City Airport was found entirely unsuitable for ‘The rights of women in armed holding children. conflict: an activists' guide’ As part of the toolkit for activists in the Information about legal status, any Stop Violence Against Women campaign, appeal rights and how to make a bail Amnesty International has published a application was lacking in all four guide on using international law to press facilities. There was no information governments to uphold obligations available in any language about the towards women in armed conflict. The function of the holding rooms or their guide offers an overview of violence facilities. Access to telephones was against women in armed conflict and either inadequate or inexistent (London related legal bodies, relevant City Airport). None of the centres had a international and regional laws, treaties complaints procedure. and conventions specific to women, women’s role in international wan issue number 54 October 2005 18 women’s asylum news

humanitarian law and armed conflict law, notice board international criminal law and international refugee law. It lastly offers conclusions and considers whether new international laws are needed. MODA's Directory of Ethnic Minority Community Organisations The guide is aimed at those with 2006 influence over public services, such as If you wish to be included in the lawyers, teachers and police officers, as Directory of Ethnic Minority Community well as human rights campaigners and Organisations in London 2006 edition groups. To read ‘Making rights a reality: published by MODA's (Migrant Violence against women in armed Organisations’ Development conflict’, please go to: Agency), please complete and submit http://web.amnesty.org/library/index/en the Directory Form online at gact770502005. www.moda.org.uk/news/form- directory/form-directory2006.htm. The deadline for submission has been ‘Turning Pain into Power: extended to 31 October 2005. All Trafficking Survivors' Perspectives second-tier and other voluntary on Early Intervention Strategies’ organisations that offer substantial Supported by the World Childhood services to Black and Ethnic Minority Foundation, the Family Violence groups are welcome to apply. For more, Prevention Fund and its partners contact Tel: 0208 432 0590, Fax: 0208 conducted groundbreaking research to 432 0592 or email: [email protected] examine the health care system as an (see also the 2005 edition by visiting: ideal place to focus education and www.moda.org.uk/services/directory.ht intervention efforts on victims of slavery. m.). The Directory will be printed in Through interviews with trafficking December and published in January survivors themselves, this book includes 2006. their recommendations on how to direct future intervention and policy efforts. For an online copy, please go to: Funding Bulletin for Refugee and http://endabuse.org/programs/immigran Asylum Projects t/files/PaintoPower.pdf. You can also The October 2005 version of this funding order a hard copy by visiting: bulletin for refugee and asylum related http://store.yahoo.com/fvpfstore/tupain projects is now available online: potrsu.html. www.refugeeaccess.info/uploads/funding /ATF_Oct05.doc.

wan issue number 54 October 2005 19 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 Sophia Ceneda) and should not be used as a substitute for legal advice. Any Asylum Aid, 28 Commercial street contributions from, or references to, external sources (including London E1 6LS Tel: 020 7377 5123 website links), agencies or individuals do not necessarily reflect the Fax: 020 7247 7789 views of Asylum Aid nor receive our endorsement. Email: [email protected] Website: www.asylumaid.org.uk

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