Transcript here - CORI - Country of Origin Research and Information

Objective evidence
Documenting persecution worldwide
Well founded fear
Research expertise
Researching human rights in countries of origin
Case specific research for asylum and human rights claims
Resources for the refugee determination process
Analysis and compilation
Individual circumstances
Gender Specialists
Risk on return
Establishing 'well-founded fear', the use
of country of origin information as
objective evidence in refugee status
determination
Bethany Collier
Human Rights Centre, Speakers Series, 11th November 2009
University of Essex
Seminar details
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Use of COI
Status as objective evidence
Production and research methodology
Application by legal representatives,
government decision makers and judges
What is COI?
• Information about conditions in countries
that asylum seekers come from
• Human rights, history, politics, religion,
culture, society, healthcare and legal
issues.
Country of Origin Information is important in establishing whether or
not a person's fear of persecution is well-founded.
"A person who owing to a well-founded fear of being persecuted for
reasons of race, religion, nationality, membership of a particular
social group or political opinion, is outside the country of his
nationality and is unable or, owing to such fear, is unwilling to avail
himself of the protection of that country; or who, not having a
nationality and being outside the country of his former habitual
residence as a result of such events, is unable or, owing to such fear,
is unwilling to return to it.."
Definition of 'Refugee', Article 1 of the 1951 Convention Relating to
the Status of Refugees as amended by the 1967 Protocol; Ukrainian
Law on Refugees 2001, Article 1.
Purpose of COI
• To help determine the substance of an applicants claim
• Ascertaining the plausibility of an applicant’s account of
events with reference to conditions in the country of
origin
• Substantiating an applicant’s assertion that they are at
risk of harm
• Demonstrating whether internal relocation is a valid
option
• Demonstrating whether current country conditions violate
minimum standards and therefore whether return is
feasible
Stakeholders
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Judges
Legal representatives
Government decision makers
NGO’s
COI Researchers
Claimants
COI is used at different stages of the asylum process
Interview:
• to aid the preparation of interviews
First instance
• (preliminary stage):
• to help assess the substance and well-foundedness of
the claim
• to assess whether the treatment claimed meets criteria
for grounds of persecution
• to make a determination and to formulate a decision
Appeal:
• to re-evaluate well-foundedness of claim, consider risks
if returned
Types of COI report
• Country and Thematic reports
• Case Research – specific to individual
claimant
CORI Research Analysis
Date:
Country:
Issues:
9th March 2009
Sierra Leone
Fear of forced initiation into the Poro Secret Society in Freetown
Query:
How are traditional practices and customs used to pressure people to
enter the Poro secret society in Freetown?
This CORI research analysis was commissioned by the United Nations High Commissioner for Refugees Status
Determination and Protection Information Section, Division of International Protection Services.
CORI research analyses are prepared on the basis of publicly available information, studies and commentaries and
produced within a specified time frame. All sources are cited. Every effort has been taken to ensure accuracy and
comprehensive coverage of the research issue, however as COI is reliant on publicly available documentation there
may be instances where the required information is not available.The analyses are not, and do not purport to be,
either exhaustive with regard to conditions in the country surveyed, or conclusive as to the merits of any particular
claim to refugee status or asylum. Any views expressed in the paper are those of the author and are not necessarily
those of UNHCR.
History of Poro society in Sierra Leone
The Poro society is a long established cultural institution in Sierra Leone[1] it is present throughout
the country and in Liberia and Ivory Coast[2]. Membership is restricted to men,[3] in Sierra Leone
members come from several ethnic groups including the Mende (Southern and Eastern Provinces)
and Temne (Northern Province), each comprising 30% of the total population. Poro is also common
among Kono, (3.1%), who originate from the Kono district in the East of the country.[4]
[1]Fanthorpe,
R. (2007) Sierra Leone: The Influence of the Secret Societies, with Special Reference to Female Genital
Mutilation. Writenet, Report commissioned by the United Nations High Commissioner for Refugees (UNHCR). Available
from: http://www.unhcr.org/refworld/docid/46cee3152.html (accessed 6 March 2009).
[2] United States Department of State (2006) US Department of State Country Reports on Human Rights Practices 2005
– Sierra Leone. Available from: http://www.state.gov/g/drl/rls/hrrpt/2005/61591.htm (accessed 6 March 2009).; Jean Sybil
La Fontaine, (1986) Initiation, Manchester University Press ND, p93
[3] Fanthorpe, R. (2007) Sierra Leone: The Influence of the Secret Societies, with Special Reference to Female Genital
Mutilation. Writenet, Report commissioned by the United Nations High Commissioner for Refugees (UNHCR). Available
Example research questions
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Is there any evidence of discrimination against the Uzbek minority in
Tajikistan?
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Are adult women subjected to FGM in Sudan, Which ethnic groups practice
FGM and what are the ceremonies and procedures associated with it? What
are societal attitudes towards women who are uncircumcised?
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Which areas of Nigeria are covered by Sha’ria law?
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What are the aims and objectives of the Iraq Action Council, what is the
nature of their activities, how is the organisation governed, what is the
procedure for membership?
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What is the legal status of an unmarried woman in Jordan?
Sudan
•Risk on return for Darfuri’s in Khartoum
•The situation IDPs from Darfur in Khartoum re access to:
housing; food/water; education; and the situation for children.
•Whether there are any forced relocations of IDPs in Khartoum.
•Whether there are any demolitions of IDP/squatter camps in
Khartoum.
•Assistance given to IDPs by the Sudanese government.
Niger
•Treatment of Christians in Niger, including Muslims converted to
Christianity
Algeria
•Description of the ethno-religious composition of Algerian society.
•How does one convert from Sunni to Shia sects in Algeria? What are
the legal (including Sharia) or practical ramifications, if any, of such
conversions?
Ethiopia
•Treatment of members of the Oromo Liberation Front (OLF), including
members of their family
Professional Standards
• Specific to the individual circumstances of
the claimant
• From a publicly available source
• Contain accurate information
• Refer to the relevant time period
• From a reliable source
• Presented in a transparent and traceable
manner (i.e. fully referenced)
Sources of COI
News Agencies:
• e.g. BBC, Guardian, The Times, Institute of War and Peace
Reporting, Local newspapers in countries of origin
Human Rights Organisations and other NGO’s:
• e.g. Human Rights Watch, Amnesty International
Government Bodies:
• e.g. US Department of State, UK Home Office,
Inter-governmental agencies:
• e.g. United Nations (incl. UNIFEM, UNDP, UNHCR etc), World
Health Organisation
Academic Departments/Journals
• e.g. Anthropology, law, sociology and women’s studies departments
Specialist providers of country of
origin information
• Refworld (refworld.org)
• Electronic Immigration Network (ein.org.uk)
• European Country of Origin Information Network
(ecoi.net)
• Asylumlaw.org
• Refugee Documentation Centre – Ireland
• Immigration and Refugee Board of Canada
• Centre for Gender and Refugee Studies
• CORI (cori.org.uk)
Credibility
• Assess the credibility of both the source
organization and source document before
including it in research
Impartiality
• COI research requires an impartial and
objective compilation of information about
conditions in countries of origin
Source Assessment - organisation
• What is the organisation’s remit/mandate
• What is their presence in country of origin
• What is their experience regarding the
issues
• Political/religious bias or other impartiality
• Who funds them and what are they funded
to do
• How is the source organisation
governed/managed
Source Assessment - Document
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Date of publication
Time period information refers to
Accuracy of content
Research methodology and management
Expertise/experience of author
Is the author writing about something of which they have
direct experience/practice-oriented knowledge
• How relevant is the document to your research
question/What evidence does it provide
• Was the research commissioned/ For what purpose was
the document prepared
The International Association of Refugee Law Judges
Relevance and adequacy of the Information
• i) How relevant is the COI to the case in hand?
• ii) Does the COI source adequately cover the relevant issue(s)?
• iii) How current or temporally relevant is the COI?
Source of the Information
• iv) Is the COI material satisfactorily sourced?
• v) Is the COI based on publicly available and accessible sources?
• vi) Has the COI been prepared on an empirical basis using sound
methodology?
Nature / Type of the Information
• vii)Does the COI exhibit impartiality and independence?
• viii) Is the COI balanced and not overly selective?
Prior Judicial Scrutiny
• ix) Has there been judicial scrutiny by other national courts of the COI in
question?
Conducting research
• Methodology
• Analysis of individual claimants
circumstances
• Identifying research issues arising from a
claim
• Identifying and evaluating sources
• Content, structure and presentation
COI and Women
• Gender persecution
• Gender-specific forms of persecution are
marginalised in human rights reports
• Information relating to women is harder to locate
• Many organisations producing country of origin
information focus on the male experience as
indicative of human rights situation in a country
• Invisible group
“It is important to recognise that in relation to genderrelated claims, the usual types of evidence used in other
refugee claims may not be as readily available.
Statistical data or reports on the incidence of sexual
violence may not be available, due to under-reporting of
cases, or lack of prosecution. Alternative forms of
information might assist, such as the testimonies of other
women similarly situated in written reports or oral
testimony, of non-governmental or international
organisations or other independent research…”
‘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, 7 May 2002.
“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, the prevalence of such harmful traditional practices, the
incidence and forms of reported violence against women, the
protection available to them, any penalties imposed on those who
perpetrate the violence, and the risks that a woman might face on her
return to her country of origin after making a claim for refugee status.”
‘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, 7 May 2002.
Refugee Women’s Legal Group
“Gender relations, and therefore gender differences, are
historically, geographically and culturally specific, so that
what it means to be a woman or a man varies over place
and time. Any analysis of the way in which gender (as
opposed to biological sex) shapes the experiences of
asylum seeking women, must therefore contextualise those
experiences.”
Gender specific research questions
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Domestic Violence
1. Is there legislation outlawing domestic violence and spousal rape in
XXX?
2. Have any prosecutions been made? Are there examples of successful
prosecutions?
3. What punishment/sentence is given to those found guilty of domestic
violence?
4. Are there obstacles to women in accessing the legal system to gain
protection?
5. What is the attitude of police towards women who want to report
domestic violence?
6. Are cases pursued by the police?
7 What are the socio-cultural attitudes towards gender roles within
marriage? (What is expected of a
‘wife’ and of a ‘husband’?)
8. What are the socio-cultural attitudes towards domestic violence?
9. Are there women’s shelters in XXX?
10. How many women can they accommodate and for how long?
11. What financial support or social security is available for women
who have separated from partners due
to domestic violence in XXX?
12. How can a separated woman support herself financially in XXX?
13. Is domestic violence grounds for divorce in XXX?
14. What are a woman’s child custody rights if she divorces/leaves
her husband?
15. Is there stigma attached to leaving an abusive relationship?
16. Are there cultural practices which increase the pressure to stay
within an abusive relationship e.g. family
having paid a bride price/dowry, girls having been promised to the
son of another family since an early
age?
17. Would a woman fleeing domestic violence be able to relocate in
another part of the country and
support herself as a single/separated/divorced woman?
Government COI Units
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Canadian IRB
Australian RRT
Refugee Documentation Centre Ireland
UKBA COIS
APCI/IAGC
• Monitoring and quality assurance
• Set up by act of parliament
• Members and observers
CORI
CORI provides the following services;
• Country and Thematic Research Analysis
• Case Specific Research and Court Ready
Research Bundles
• International Consultancy and Training
• Knowledge and Information Management
• Capacity Building
Key Reference Documents
• Common EU Guidelines for processing country of origin
information (COI), 2007
• UNHCR, Country of Origin Information: Towards
enhanced international cooperation, 2004
• UNHCR Handbook on Procedures and Criteria for
Determining refugee Status Under the 1951 Convention
and the 1967 Protocol relating to the Status of Refugees
• ACCORD Researching Country of Origin Information: A
Training Manual, 2004
• Collier, Bethany, Country of Origin Information and
Women: Researching gender and persecution in the
context of asylum and human rights claims, Asylum Aid,
London, 2007
Beth Collier
Director, CORI
[email protected]
www.cori.org.uk