In the asylum procedure, the term ‘gender-related persecution’ refers to acts of violence aimed at persons because of their gender. Some of these persecutions only affect women (female genital mutilation - FGM), others mainly affect women (forced marriages, sexual violence, domestic violence, honour killings, forced prostitution). Other gender-related persecutions affect people regardless of their gender: persecution on the basis of sexual orientation (SO), gender identity (GI), gender expression (GE) or sex characteristics (SC) (SOGIESC).
If a well-founded fear of persecution or a real risk is established, international protection is granted. Most cases involve persecution on account of membership of a particular social group, as referred to in the Act of 15 December 1980 regarding access to the territory, residence, settlement and the removal of foreign nationals.
The CGRS has a gender coordination unit, who monitors policy regarding gender-related persecution.
Gender-related applications for international protection
The personal interview
Applicants for international protection (hereafter referred to as applicants) who fear gender-related persecution, may find it difficult to tell their story. The social norms or the nature of the persecution may cause embarrassment. This can influence the way in which certain aspects of the persecution can be told. Therefore, the CGRS has taken various measures for the personal interview:
- Applicants can request a personal interview with a protection officer and an interpreter of a particular gender. Applicants must explain the reasons for this request. If possible, the interpreter will be assigned according to the applicant's request.
- If an applicant feels more comfortable in the presence of a trusted person, the applicant can be assisted during the interview. This person can assist the applicant based on his professional knowledge.
- When intimate subjects are discussed, it may be necessary for applicants to take regular breaks. The applicant can indicate at any time when he needs a break.
- The applicant is strongly discouraged from participating in an interview in the presence of his children. The presence of a child can certainly make an interview difficult when intimate matters are involved. When sexual violence is invoked, children are not allowed to be present during the interview.
The CGRS provides special instructions for the personal interview and specific training for the protection officers, so that persons fearing gender-related persecution are interviewed adequately. The CGRS also offers specific training for interpreters: interpreting in the context of gender-related applications for international protection.
During the personal interview, the protection officer asks open questions and approaches the applicants with an open mind, free of clichés or stereotypes. The protection officer does not only ask questions about the applicant's sexual activities.
The assessment of the application
An application is always assessed individually, including when gender-related persecution is invoked. This means that the personal situation of the applicant is examined in more detail and that specific information about the country of origin is taken into account.
Persecution based on sexual orientation and gender identity
Persons belonging to sexual minorities (i.e. individuals with a different sexual orientation or gender identity than the majority of the population – homosexuals, bisexuals, transgender people, etc. – or people who are perceived as such) may be the victim of gender-related persecution in their country of origin.
However, the fact of belonging to a sexual minority is generally not sufficient to be recognized as a refugee. The situation in the country of origin is decisive in this regard. Therefore, most personal interviews will pay attention to the credibility of belonging to a sexual minority and to the acts of persecution.
Female genital mutilation (FGM)
Female genital mutilation (FGM) is considered an act of persecution according to the Act of 15 December 1980 regarding access to the territory, residence, settlement and the removal of foreign nationals.
Assessment of the application for international protection
When fear of persecution related to FGM is invoked, the CGRS may grant refugee status after an individual assessment has been made.
The CGRS analyses the personal and family situation of the person who invoked fear of persecution because of FGM (level of education, ethnic origin, FGM family history, etc.). The CGRS also takes into account the objective situation in the country of origin (Country of Origin Information - COI) (FGM prevalence, attitude of the authorities, possibility of escaping social pressure, etc.).
FGM monitoring procedure
Despite the fact that refugee status has been granted, there may be a risk of FGM, even in Belgium or in another country. Therefore, the CGRS has set up a specific monitoring procedure for minor girls recognized as refugees in Belgium, to guarantee that they are not subject to FGM after being granted refugee status.
The child's parent(s) or legal guardian are informed of this procedure and give their consent by signing a ‘declaration on honour’, issued at the same time as the decision recognizing the child.
Every three years (starting from the date on which the minor girl was recognized as a refugee), the CGRS contacts the parent or legal guardian by post to ask them to send a medical FGM certificate proving that the minor girl has not been subject to FGM since she was granted refugee status.
There are two exceptions to this rule:
- if the CGRS has good reasons to believe that more strict monitoring is justified;
- if the girl was recognized as a refugee when she was less than two years old and born in Belgium (if no medical certificate was submitted during the asylum procedure);
This procedure applies as long as the minor girls have refugee status; the monitoring stops once the girl reaches the age of 18 or if she acquires Belgian nationality.
When a minor girl proves to have been subject to genital mutilation after her arrival in Belgium, the commissioner general informs the public prosecutor.