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Newszine - 27 - July - August - September - 2002

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

These Guidelines are intended to provide legal interpretative guidance for governments, legal practitioners, decision-makers and the judiciary, as well as UNHCR staff carrying out refugee status determination in the field.

Extracts:

in order to ensure that gender-related claims, of women in particular, are properly considered in the refugee status determination process, the following measures should be borne in mind:

i. Women asylum-seekers should be interviewed separately, without the presence of male family members, . . . . . . . . .

ii. It is essential that women are given information about the status determination process, access to it, as well as legal advice, in a manner and language that she understands.

ii. It is essential that women are given information about the status determination process, access to it, as well as legal advice, in a manner and language that she understands. . . . . . . . . . . . ..

iii. Claimants should be informed of the choice to have interviewers and interpreters of the same sex as themselves, . . . . . . . . . .

iv. An open and reassuring environment is often crucial to establishing trust between the interviewer and the claimant, . . . . .

vi. The interviewer should remain neutral, compassionate and objective during the interview, . . . . . . . . ..

vii. Both ‘open-ended’ and specific questions which may help to reveal gender issues relevant to a refugee claim should be incorporated into all asylum interviews. . . . . . . . . .. . .

viii. Particularly for victims of sexual violence or other forms of trauma, second and subsequent interviews may be needed in order to establish trust and to obtain all necessary information. . . . . . . .

x. Country of origin information should be collected that has relevance in women’s claims, such as the position of women before the law, the political rights of women, the social and economic rights of women, the cultural and social mores of the country and consequences for non-adherence, . . . . . . . . .

xi. The type and level of emotion displayed during the recounting of her experiences should not affect a woman’s credibility. . . . . . . . .

xii. . . . . Best practice recommends that trained psycho-social counselors be available to assist the claimant before and after the interview. . . . . . . .

37. . . . . . . It is important to recognise that in relation to gender-related claims, the usual types of evidence used in other refugee claims may not be as readily available. . . . . . .

 

Last updated 26 August, 2008