Women are particularly susceptible to breaches of human rights. Furthermore, reasons for fleeing concerning women are insufficiently taken into account in the asylum process. Persecution of women is played down in its seriousness. Many of these women do not even obtain asylum. Without regard for their particular exposure to persecution they are often rejected from the German asylum process. The main reason here is that violence against women is deemed to be 'non political' and therefore regarded as insignificant in asylum processes. The exclusion mechanisms developed from the establishment of the rights of asylum as well as the lack of awareness of the problems affecting women and the need for sensitivity lacking in those persons and institutions dealing with asylum decisions, are additional reasons why women are often rejected from the asylum process.
The grounds for asylum and constituent facts of a case of persecution must be made plausible. The courts therefore consider it necessary that asylum seekers set forth their persecution trail, from the first day onwards, as detailed as possible and descriptive in regard to all deciding factors, and identical in each case (see initial interview). This is also expected of women, although it should be obvious that women who have suffered degradation and mistreatment, which usually touches on their most intimate spheres, are not able to 'relate descriptively and in detail', and most certainly not in front of a number of unknown men. As a consequence, the persecution of women is in many such cases not even taken seriously.
Persecution is only then considered as 'political', when someone, because of his/her 'race', religion, nationality, relationship to a social group, or because of political conviction, is exposed to forms of persecution. The majority of courts do not accept that acts of persecution against women can be associated with one of these asylum-relevant points. In such a way this 'political' aspect is interpreted as a non political' one. Contrary to human rights, this threat of assault to women (for whom for example a breach of the work ban or dress code incurs severe penalties), is a religiously embellished misuse of power, and it remains unrecognised.
Additionally, cases of persecution specifically against women are usually evaluated as private attacks by a third party, even if the persecutors are public officials misusing their positions, and/or the state tacitly allows persecution and fails to provide the necessary protection.
In the case of the petitioner returning to her country of origin, the threat of renewed persecution must surely be present. Whether or not rape may be allowed to be evaluated to the same status as persecution, the threat of persecution is regularly denied. It is unappreciated that women who have suffered such persecution specific to women, in many cases are considered (by their religion or by their ethnic social codes) to have brought shame upon themselves and their families and are rejected according to a rigid moral code. As a result these women lose the protection of their families or groups and suffer the threat of further attacks.
Again and again it is maintained that the Bundesamt has been presented with additional information (presented especially by the German foreign office) about gender-related persecution in certain countries. Indeed one finds a typical keyword in the muster-samples of situation reports of German overseas representatives submitted to the German foreign office. If one reads such reports, it is quite evident that there is a marked lack of sensitivity for this subject. In the majority of cases brief and scanty obligatory acts are carried out, in which a basic lack of interest and an absence of research are manifest. In other cases it is simply maintained that evidence of gender-specific persecution does not exist in the country in question.
If a positive decision (for asylum) occurs in which it is recognised that women, in a specific instance are in need of at least the protection of 'life and limb', then it often happens that the federal representative for matters of asylum (Bundesbeauftragte für Asylangelegenheiten) will act against it.
© unlimited - Stadtratte, 99-07-22 - www.nadir.org/nadir/initiativ/migration/