The rights of
women seeking
asylum: a charter
explanatory notes
These notes are to be read in conjunction with
The rights of women seeking asylum: a charter
The rights of women seeking asylum: a charter
/ Explanatory notes
Explanatory notes
These notes are to be read in conjunction with
The rights of women seeking asylum: a charter
Women seeking asylum have the right to have their
1
protection claims determined by an asylum system in
the UK that is informed, in all aspects of its policy and
operations, by a thorough understanding of the particular
forms of persecution and human rights abuses that women
experience because of their gender and of their particular
needs as women
To realise this right, the UKBA should:
a. appoint a women’s champion from its Senior Management Team
b. establish a gender monitoring group to ensure implementation of
relevant policies
c. ensure the role of the Race Monitor, expanded to look at equality
issues and placed within the new independent inspectorate,
includes gender issues
d. undertake a gender impact assessment on all current and proposed
asylum policies and procedures and make any necessary adjustments
to address discriminatory or negative impacts on women
e. include the implementation and monitoring of the Asylum Policy
Instruction on gender issues in the asylum claim (Gender API) in
the Diversity Equality Action Plan (or equivalent)
f. provide appropriate training on a regular basis to ensure that staff
understand the reason for initiatives related to women’s rights and
implement them appropriately
g. promote and demonstrate active commitment to non-discriminatory
practice as expressed in its gender policies both internally and externally
and work within the European Union to promote good practice to ensure
that the EU directives on asylum are interpreted in a gender sensitive way
2
The rights of women seeking asylum: a charter
/ Explanatory notes
1 EXPLANATORY NOTES
a The role of women’s champion is to drive a strategy of gender
mainstreaming by taking an overview of, and responsibility for, issues
affecting women asylum seekers, developing, implementing and monitoring
policies and practices that are relevant to women, liaising with stakeholders
including women asylum seekers and with named UKBA staff in each
region responsible for gender issues.
b The gender monitoring group should ensure implementation of an action
plan based on the points in this charter. The group should include external
stakeholders.
c
As an independent appointment the monitor for equality issues (formerly
the Race Monitor) should provide an oversight of the diversity equality
scheme and action plan including the consultation process, inclusion and
omission of action points, whether objectives have been achieved or not,
etc. The inspectorate is required to report annually to the Secretary of State
and the reports are laid before Parliament.
d
Through undertaking gender impact assessments the consequences
of a proposed policy on different groups of women and men should be
systematically identified, recognising the different circumstances in which
they operate and valuing their difference and diversities.
e
The implementation of the Gender API should become part of UKBA’s
compliance with the Gender Equality Duty
f
New procedures may not be implemented appropriately if staff do not
have a fundamental understanding of the underlying reason for introducing
them, so their training must reflect this. For example, training for Case
Owners should include how women’s experience of persecution may
differ from men’s, how their cases can be interpreted within the Refugee
Convention, how to recognise indicators of sexual violence, such as stress
reactions, dissociative conditions and feelings of shame, how to access
country information relevant to women.
g
for example gender policies should be referred to in reports to international
bodies and the use of UNHCR gender guidelines should be promoted
across EU member states.
3
The rights of women seeking asylum: a charter
/ Explanatory notes
Women seeking asylum have the right to an asylum
2
determination process that recognises and takes into
account their experiences of persecution and human
rights abuses
To realise this right, the UKBA should:
a. revise the gender API to fully meet women’s needs
b. ensure that the full and consistent implementation of the gender API is
monitored and regularly reviewed and that a thorough understanding of
the gender API becomes a core competency for UKBA Case Owners
and a key criterion in their accreditation
c. the detained fast track is incompatible with a gender-sensitive asylum
process but whilst it continues, the screening process must be made
sufficiently robust to exclude from the detained fast track those who
claim to have experienced gender-based harm and, in line with existing
policy, exclude those who are 24 weeks or more pregnant or have
serious health issues
d. ensure that those who may have been trafficked into the UK have full
and appropriate access to the asylum determination system
e. build on the improvement to country information reports in relation to
women and ensure they are used appropriately by Case Owners
2 EXPLANATORY NOTES
a
for example the gender API should include procedures to make it more
likely that women will feel able to disclose their experiences at asylum
interviews (eg female Case Owners and interpreters, provision of childcare)
and recognise (as the criminal justice system does) that late disclosure of
traumatic experiences should not undermine credibility.
b
the gender API should be monitored through the quality audit process
and incorporated as a core competency and criteria for Case Owners
accreditation
4
The rights of women seeking asylum: a charter
/ Explanatory notes
2 EXPLANATORY NOTES CONTINUED
c
The suitability criteria for inclusion in the detained fast track is that a case
should be one where a quick decision may be made. Women who have
experienced gender-based harm such as rape, sexual violence, domestic
violence, honour crimes, forced marriage, female genital mutilation or
persecution because of their sexuality will need time to build up trust in
the officials who interview them. Interpreting their cases in relation to
the Refugee Convention is complex and may not allow quick decisions.
The UKBA’s instruction for the detained fast track states that a suitability
assessment must be carried out throughout the life of a claim. UKBA
already has a policy of not accepting women over 24 weeks pregnant or
with serious health conditions into detention and it is important that this is
strictly adhered to
d
Where an issue of trafficking has been raised, there is a need to allow for
a reflection period as required by the European Convention on Trafficking,
implement the UKBA’s policy not to detain or fast track such cases, not
remove to a third country (ie suspend the Dublin Convention), maintain an
in country right of appeal (ie don’t certify cases), not prosecute for offences
which women were forced to commit due to their trafficking situation (eg
documentation fraud) and ensure country information covers trafficking
issues
e Information on all types of harm affecting women and their social-
economic and cultural status in their countries of origin should be
incorporated throughout country information reports
Women seeking asylum have the right to accommodation,
3
support and healthcare appropriate to their particular
needs as women
To realise this right, the UKBA should:
a. develop and implement minimum standard procedures for UKBA
accommodation and support providers
b. ensure girls and young women (including those where there is an age
dispute) are placed in women only accommodation
c. suspend reporting requirements on women who are pregnant or have
babies or young children
d. provide for the particular needs of women on section 4 (hard case)
support
e. alleviate the gender impact of policies that lead to destitution
5
The rights of women seeking asylum: a charter
/ Explanatory notes
3 EXPLANATORY NOTES
a for example, provide women-only accommodation if required, have
systems to monitor security in mixed accommodation, adhere to Policy
Bulletin 70 on Domestic Violence, provide or pay for childcare for attending
legal/medical appointments, deliver s4 vouchers and other services in a
timely manner. In considering quality and effectiveness of accommodation,
the independent Monitor of Accommodation Centres should take gender
issues into account.
b where there is an age dispute young women should be treated as girls for
the purposes of providing appropriate accommodation
c women with young children or babies or those who are pregnant should
not be expected to undertake long complicated journeys to comply with
reporting requirements; their childcare responsibilities make the risk of
absconding very low
d automatically give priority A status to applications from women for section
4 support, ensure women who are pregnant and new mothers receiving
section 4 support receive the same entitlements such as maternity grants
as women on section 95 support, ensure that women with young children
or those with health problems do not have to travel long distances to use
their section 4 vouchers
e destitute women are vulnerable to sexual violence or exploitation. To
alleviate this, the UKBA should grant permission to work, provide financial
support, accommodation, access to education and healthcare and provide
s4 support to women experiencing domestic violence
6
The rights of women seeking asylum: a charter
/ Explanatory notes
Women seeking asylum have the right to be treated
4
with dignity in a way that is appropriate to their needs as
women and that ensures their safety when in detention
or during removal.
To realise this right, the UKBA should:
a. prevent women who have suffered gender-based harm from
being detained
b. ensure the dignity and safety of women in immigration removal centres
c. take women out of detention immediately if it is discovered that they
have experienced gender-based harm
d. not detain women who are breastfeeding or at any stage of pregnancy
e. cease to detain asylum seekers who have their children with them
f. establish a pre-removal risk assessment process ensuring that it is
sensitive to the particular needs of women
g. ensure an appropriate gender balance for staff involved in
enforcement activity is achieved and that they are appropriately
trained and monitored
4 EXPLANATORY NOTES
a during screening the UKBA should facilitate access to legal advice and
comprehensive health assessments with female medical staff including
specific questions regarding experiences of torture or sexual violence and
ensure such assessments are carried out before decisions are made on
detention
b The UKBA should provide a staffing ratio in women’s immigration centres
at the same level as in women’s prisons, employ female medical and social
work staff, provide access to appropriate healthcare for mental health needs
c The UKBA already has a policy that people who have independent evidence
of having been tortured are not generally suitable for detention.
d The API on the suitability for the detained fast track states women
whose pregnancy is 24 weeks or more are unlikely to be accepted. This
is inconsistent with the Operating Standards Manual, which states that
women should not normally be detained at any stage of pregnancy.
Additionally women who are breastfeeding should never be detained.
7
The rights of women seeking asylum: a charter
/ Explanatory notes
4 EXPLANATORY NOTES CONTINUED
e In January 2008 Minister for Immigration, Liam Byrne, announced that he
hoped to avoid detaining children who are awaiting removal in most cases
and that they would be piloting alternatives to detention
f Pre-removal assessments need to take into account factors specific to
women including pregnancy, post-natal problems, childcare, etc.
g All enforcement teams should include women and all staff need training on
particular sensitivities of working with women.
For further information contact
[email address]
8
