Gender related issues : relevant considerations in the determination of refugee status?

Abstract

The thesis's objective is to analyse gender issues in the refugee determination process. Through an in depth examination and analysis of Art. IA (2) of the Geneva Convention 1 the author aims to examine relevant gender issues that ought to be taken in consideration in the interpretation of the Convention by the decision-makers. The study is carried out through a comparative analysis between the Maltese and foreign Laws. The introductory part opens by discussing the need for gender awareness in the interpretation of the Convention. This part examines the definition of gender, gender related persecution and gender specific persecution. Particular reference is made to UNHCR studies and EXCOM Conclusions. Furthermore, the chapter refers to initiatives and legal measures carried out in a number of States. This comparative exercise is carried out in more detail in all the subsequent chapters, according to the subject matter under discussion, but the brief introductory part in chapter one, is a useful guide as it lists chronologically the important legislative developments in this area. This part concludes by illustrating the research methodology carried out in Malta. Chapter two examines in depth the concept of 'persecution'. The chapter analyses what acts amount to serious harm. Particular reference is paid to gender-specific forms of harm. The thesis also examines the situations where discriminatory measures may amount to persecution. Reference is also made to the 'internal flight alternative' possibility. The second part of the chapter focuses on the agents of persecution. The analysis of the Convention grounds commences at chapter three. First, the thesis debates on whether 'gender' should be incorporated as one of the Convention grounds. Following this debate, the grounds of 'race', 'nationality, religion' and 'political opinion' are examined. The analysis of the 'particular social group' Convention ground takes place in chapter four. The thesis examines which interpretation of these grounds should be adopted by the Maltese adjudicators. The refugee determination procedure is put under scrutiny in chapter five. Here, recommendations on how to better each part of the asylum process are submitted. The thesis ends with a proposed set of gender guidelines for Malta. The guidelines cover both the five asylum grounds and the refugee procedure. The guidelines aim to provide a comprehensive guidance to all the actors involved in the refugee determination process.