Making the Global Compact on Refugees Work for All Women and Girls Recommendations September 2017

Transcription

1 Backgrund Making the Glbal Cmpact n Refugees Wrk fr All Wmen and Girls Recmmendatins September 2017 Apprximately half f the ttal number f refugees are wmen r girls 1. T meet the prmise f the New Yrk Declaratin n Refugees and Migrants, the Glbal Cmpact n Refugees (GCR) and its Prgramme f Actin must specifically address their rights and needs at every stage f displacement. Cnflict and disaster threaten every aspect f wmen s and girls lives, ften in ways that are quite distinct frm men and bys. Fr example, the way in which refugee wmen and girls are ften viewed and treated, cmbined with gender discriminatin, can put them in situatins that exacerbate r create vulnerability. They face barriers t accessing the prtectins that shuld be available t all refugees, and equally imprtantly, barriers t participatin in planning and decisin making, ecnmic empwerment, and peace building. Their vices are nt heard enugh. Despite gains in plicy and practice in recent years, the capacities and needs f refugee wmen and girls are t ften verlked. Their skills and abilities g unrecgnized. They are underserved, prly prtected, and excluded frm decisin-making prcesses. The barriers run the gamut, frm inaccessible asylum systems and gender-blind needs assessments t limited access t educatin, reprductive health care, and safe livelihd pprtunities. The detentin f migrants, including refugee wmen and children is n the rise as bth a deterrent and a cntrl mechanism. Gender-based vilence (GBV) is prevalent thrughut the displacement cycle yet remains under-reprted and under-addressed. Intersecting factrs such as age, disability, ethnicity, religin, sect, and sexual rientatin further cmpund the risks. 1 _addressing_large_mvements_f_refugees_and_migrants.pdf

2 In the New Yrk Declaratin, States made a pwerful cmmitment t actin n behalf f and in partnership with refugee wmen and girls: We will ensure that ur respnses t large mvements f refugees and migrants mainstream a gender perspective, prmte gender equality and the empwerment f all wmen and girls, and fully respect and prtect the human rights f wmen and girls. We will cmbat sexual and genderbased vilence t the extent pssible. We will prvide access t sexual and reprductive health care services. We will tackle the multiple and intersecting frms f discriminatin against refugee and migrant wmen and girls. We will wrk t ensure their full, equal and meaningful participatin in the develpment f lcal slutins and pprtunities. We will take int cnsideratin the different needs, vulnerabilities and capacities f wmen, girls, men and bys. 2 States must ensure that the GCR takes these pledges frward by integrating gender cnsideratins int the fur pillars f the Cmprehensive Refugee Respnse Framewrk, which is the fundatin fr the GCR. This paper presents recmmendatins frm nn-gvernmental rganizatins (NGOs) cmmitted t refugee respnses that advance gender equality and respnd fully t the cncerns f refugee wmen and girls. Extensive cnsultatin with refugee wmen and girls thrughut the develpment f the GCR is als vitally imprtant. Recmmendatins Incrprate implementatin f existing agreements under internatinal law regarding the human rights, empwerment, and prtectin f wmen and girls 3. Tgether these prvide pwerful nrmative framewrks, already agreed t by States, which recgnize the gendered risks and barriers t participatin fr displaced wmen and girls. Ensure that the Glbal Cmpact has measurable indicatrs, including n gender and age, s that prgress can be assessed. Recgnize that gender cnsideratins must be addressed at every pint in the displacement cycle frm initial flight, during prtracted displacement, thrugh t durable slutins and that intersecting factrs such as gegraphic lcatin, age, disability, ethnicity, religin, and sexual rientatin als impact pprtunity and vulnerability. These factrs will require targeted actins t address the specific needs f wmen and girls in diverse situatins as well as effective mainstreaming f gender cnsideratins thrughut the respnse. Bth targeted actins and mainstreaming shuld acknwledge that refugee wmen and girls are nt a hmgenus grup; their pririties, needs, and cncerns vary. A rights-based apprach requires acknwledging this diversity. Grund the GCR in the understanding that effective refugee respnses require partnerships with refugee wmen and girls as leaders and cntributrs. Cnsidering refugee wmen and girls slely as victims, members f a vulnerable grup, r beneficiaries is neither accurate nr effective in respnding t their needs. A successful refugee respnse must be guided by, and supprt, the leadership and participatin f wmen and girls. It must recgnize and tap int their skills and capacities fr prgrams and ptential slutins. Ensure that the GCR requires the cllectin and use f sex and age disaggregated data (SADD) at all stages f the refugee respnse t better infrm planning and prgramming. All mnitring and evaluatin These include but are nt limited t the Cnventin n the Eliminatin f All Frms f Discriminatin Against Wmen (CEDAW), UN Security Cuncil Reslutin 1325, 1820 and related reslutins, varius UNHCR Executive Cmmittee Cnclusins including the 2006 Cnclusin n Wmen and Girls at Risk, the 2015 Sendai Framewrk fr Disaster Risk Reductin and the 2030 Agenda fr Sustainable Develpment. A full discussin f these internatinal agreements and dcuments as they relate t the Cmprehensive Refugee Respnse Framewrk can be fund in Strengthening the Respnse t Refugee Wmen and Girls in the Cmprehensive Refugee Respnse Framewrk frm the University f New Suth Wales Frced Migratin Netwrk and the Australian Natinal Cmmittee n Refugee Wmen, Making the Glbal Cmpact n Refugees Wrk fr all Wmen and Girls 2

3 indicatrs must incrprate gendered and age-based cnsideratins. SADD reprting shuld be a standard element f all respnses, allwing fr the cmparative analysis and disseminatin that enables mre infrmed and equitable decisin making. Recmmended Actins by Phases f Displacement 1) Receptin and Admissin Suggested Cmmitments: a) Create gender-respnsive internatinal minimum standards fr receptin cnditins. Thrughut the receptin and admissins prcess, take accunt f the equal rights, specific needs, cntributins, and vices f refugee wmen and girls. Mbilize wmen as equal partners. Take actin t prevent and cunter gender-based vilence and discriminatin. Develp tls t assess wmen s frmal and infrmal skills and identify areas where supprt is needed t ensure maximum participatin. Set best practices with guidance n timelines and financial and human resurces required. b) Detentin r family separatin shuld nt be used as a deterrent r in any cases f refugees r asylum seekers unless based n individualized determinatins fr security reasns. Children shuld never be detained. Where detentin is used, cnditins must take int accunt wmen s and children s needs including pregnancy, sanitary needs, risk f sexual assault and trauma. c) As a pririty, cnduct a thrugh gender analysis as early as pssible in refugee arrivals. Gender analysis shuld include an analysis f any discriminatin acrss sciety and cnsider the diversity f refugees, using the UNHCR Heightened Risk Identificatin Tl 4 t ensure that the mst marginalized and at-risk wmen and girls are identified and supprted apprpriately. This requires the active participatin f refugees. d) Recgnizing that being a refugee presents persistent risks, challenges, and vulnerabilities fr wmen and girls, anticipate and be prepared t address refugee wmen s and girls needs. This includes, but is nt limited t, access t sexual and reprductive healthcare services, GBV preventin and respnse prgramming, access t educatin, access t livelihds, and addressing the risks f smuggling and trafficking. Prvide infrmatin and services that meet the immediate needs f wmen and girls upn receptin in an easily accessible manner, taking accunt f varying literacy and language abilities. e) Register wmen and girls as individuals upn arrival in the cuntry f asylum. Wmen shuld be registered independently frm their husbands r ther male husehld members. Identify unaccmpanied girls, given their particular needs and risks f vilence and explitatin. f) Implement existing internatinal standards n birth registratin, including ensuring registratin f children brn during flight. Wrk t ensure the immediate birth registratin fr all refugee children brn n the territry f the receiving cuntry. Prvide adequate assistance at the earliest pprtunity t refugees in btaining ther necessary dcuments, as apprpriate, relating t civil status, such as marriage, divrce and death certificates, and ensuring wmen and girls, men and bys equal and independent ability t acquire civil dcuments. g) Receive refugees and assess their needs in a sensitive manner. Interview wmen and girls in a safe envirnment with female interviewers and interpreters trained in interviewing ptential survivrs f trauma and age-sensitive interviewing techniques. Give them time t relay stries and make them feel cmfrtable t cmmunicate their needs and cncerns. h) Ensure scial wrkers and casewrkers fr refugee wmen and girls are trained and present, and accmpany them thrughut the registratin prcess. Apprpriate training shuld be inclusive f the rights f and diverse risks fr wmen and girls, including thse wh have disabilities, married 4 Making the Glbal Cmpact n Refugees Wrk fr all Wmen and Girls 3

4 adlescents, unaccmpanied girls, lder wmen, and thse wh are gender nncnfrming. Where pssible, hire staff wh have cultural cmpetencies including apprpriate language skills and experience wrking with wmen and girls and include refugee wmen themselves. 2) Supprt fr Immediate and Onging Needs a) Ensure services are planned, designed, and implemented t prvide equitable access fr wmen and girls frm the start f the respnse by cnsulting with a diverse range f refugees. This must include actins t: Increase supprt fr market-based, prtective, gender-sensitive and graduated livelihd interventins, as well as linkages t financial services fr refugee wmen and girls t prmte ecnmic empwerment. Recgnize the need fr and prvide childcare and ther services s that wmen can pursue livelihds. Prvide prmpt access t safe and apprpriate labr market pprtunities fr all refugees in rder t prmte integratin, refugee self-reliance, and wmen s ecnmic empwerment, and t cntribute t hst ecnmies. Supprt cash-based prgramming fr basic needs and prtectins using tailred, targeted appraches that reach all thse in need, including the mst marginalized and vulnerable, such as lder wmen and wmen with disabilities. Include a financial literacy cmpnent fr thse wmen wh have nt had experience with financial services, as well as gender discussin grups fr all husehlds receiving cash assistance in rder t mitigate wmen s risks f vilence. Prvide access t cmprehensive health care services that meet wmen s and girls needs, especially t sexual and reprductive health care services 5. Adlescent-friendly services fr girls are fundamental. Prvide access t sanitary materials, including necessary hygiene prducts, t enable them t fully participate in all activities. Prvide access t mental health and scial services fr wmen and girls. Cnsider culturally and linguistically apprpriate ways t deliver these services withut stigma. Prvide preventin f sexual abuse and explitatin (PSEA) training t all actrs engaged in the refugee respnse effrt and in asylum prcessing. Mitigate GBV risks in all prgramming, acrss all sectrs in line with the Inter-Agency Standing Cmmittee Guidelines fr Integrating GBV Interventins in Humanitarian Actin (2015) 6. Establish respectful, safe, cnfidential, and nn-discriminatry GBV respnse services and functining referral pathways that are applicable and accessible fr refugees and hst-cuntry natinals. Ensure access t targeted services, including psychscial supprt, trauma cunselling, legal advice, safe spaces, and cmprehensive health care. Design and implement Safe Access t Fuel and Energy (SAFE) prgramming in all relevant cntexts 7 t help avid envirnmental degradatin and defrestatin while preventing sexual vilence 8. Prvide access t safe, quality, and inclusive educatin fr refugee wmen and girls at all levels. In additin t frmal educatin, early childhd educatin, life skills, vcatinal training, and language classes are essential and must be inclusive f thse with disabilities. Natinal and lcal service prviders shuld be cmpensated apprpriately. Refugees shuld be included in Natinal Educatin Plans as early as pssible Including camps, rural, and peri-urban areas that lack access t natinal energy grids 8 Making the Glbal Cmpact n Refugees Wrk fr all Wmen and Girls 4

5 Ensure access t justice, including the prvisin f free legal aid and access t genderrespnsive and culturally/linguistically apprpriate legal representatin, cunselling, and infrmatin, including interpretatin and translatin services. b) Mbilize and supprt cmmunity-based prtectin interventins, scial prtectin netwrks, and natinal prtectin systems t ensure the needs f marginalized refugees are cnsidered and met. This includes refugee-led grups and rganizatins (frmal r infrmal), as well as relevant hstcmmunity/lcal civil sciety and human rights rganizatins, including wmen s rights rganizatins. c) Ensure access t infrmatin and cmmunicatin with refugees. Strategies fr tw-way cmmunicatin are imprtant, including early preparatin f infrmatin and materials in apprpriate languages and means t enable cmmunicatin, including female interpreters. Prvide multiple avenues f cmmunicatin with refugees t take int accunt restrictins n females mvement, illiteracy, disability, and ther factrs. d) Ensure prgram planning is based n cnsultatin with refugees, including a diverse representatin f refugee prfiles (i.e. persns with disabilities, LGBTI individuals, adlescents, yuth, and elderly individuals). 3) Supprt fr Hst Cuntries and Cmmunities a) Ensure training is prvided t bth gvernment fficials and brder management agencies t be able t cnduct gender-respnsive receptin and admissins exercises, nging needs assessments based n thrugh gender analysis, and cmprehensive prgramming t meet refugee wmen s and girls needs. b) Incrprate the needs f refugee wmen and girls in natinal develpment plans and ther apprpriate natinal plicies 9. c) Wrk with and apprpriately resurce civil sciety rganizatins, including wmen s rights rganizatins that already serve typically marginalized grups in hst cmmunities. These rganizatins can ffer essential expertise and supprt but must be resurced apprpriately t d s. This supprt shuld include cst sharing as well as training and technical assistance fr thse nt familiar with refugee respnse systems. Ensure that resurce allcatins fr civil sciety partners is accessible t and inclusive f civil sciety rganizatins representing marginalized and/r hard-treach ppulatins, such as wmen and girls with disabilities, adlescent girls, trans wmen, and thse with intellectual disabilities, fstering prtective peer netwrking between refugee and hst ppulatins. d) Apprpriately resurce the natinal structures that prvide essential health, educatin, livelihd, legal, and ther supprt services t the hst cmmunity s that they can als serve refugees. In urban and nn-camp cntexts, supprt fr municipal services and hst city rganizatins is essential. Training and sensitizatin initiatives may be needed fr lcal health and educatin service prviders t recgnize and respnd t the particular needs f refugee wmen and girls. 4) DURABLE SOLUTIONS a) Ensure refugee wmen and girls have access t infrmatin, which is essential t make infrmed chices abut all ptential durable slutins (vluntary repatriatin, resettlement, r lcal integratin) and the intermediate decisins they must make. This includes equal access t the same 9 This will include, but is nt limited t, natinal gender plans and Natinal Actin Plans n Wmen, Peace and Security. Gender issues in Natinal Develpment Plans must be included in reginal/lcal levels detailed develpment plans. Implementatin f the Natinal Develpment Plan at reginal/district levels shuld be based n the Sphere, Minimum Standards fr Child Prtectin in Emergencies, Inter-Agency Netwrk fr Educatin in Emergencies Standards n Educatin in Emergencies, and Guidelines fr Safer Schl Envirnments standards. Making the Glbal Cmpact n Refugees Wrk fr all Wmen and Girls 5

6 infrmatin prvided t men and/r bys, as well as additinal infrmatin relevant t the particular rights, pririties, and prtectin cncerns f wmen and girls. b) Put plicies and prgrams in place fr vluntary repatriatin that specifically cnsider wmen s and girls needs and capacities and the unique risks they may face upn return. Prtectin mnitring systems fr returnees shuld ensure that the particular prtectin needs f wmen and girls are assessed. c) Aim lcal assistance prgrams t supprt the cnditins fr wmen s self-reliance and access t basic services when lcal integratin is the nly slutin available. Prgrams t supprt wmen s self-reliance thrugh livelihds, educatin, and access t financial services shuld be develped and regularly assessed in terms f utcmes. The integratin f refugee wmen and girls int existing develpment prgrams shuld be a pririty; crdinating with develpment actrs t ensure this inclusin is cnsidered a pririty and part f respnses. d) Refrm natinality laws that discriminate n the basis f gender t ensure the rights and prtectin f displaced wmen and girls. These discriminatry laws harm wmen and girls at multiple stages during crisis and displacement. By impeding access t natinality as well as identity and civil dcuments, gender discriminatin in natinality laws can inhibit wmen and their families frm fleeing cnflict and crisis cntexts and exacerbate the vulnerability f refugee wmen and girls. Gender-discriminatry natinality laws als create barriers t the repatriatin f displaced wmen and their families. e) Create r expand resettlement pprtunities fr wmen and girls at risk. Criteria fr resettlement shuld incrprate their specific prtectin risks, including dmestic vilence and ther frms f GBV. UNHCR, wrking with States and ther partners, shuld ensure that gender-sensitive resettlement mechanisms are in place, and in particular shuld strengthen partnerships with cmmunity-based rganizatins and NGOs fr the identificatin and referral f wmen, girls, and female-headed husehlds wh qualify fr resettlement under the wmen-at-risk criteria. UNHCR shuld further ensure that resettlement fficers have the necessary training, skills, and capacities t identify, screen, and refer wmen and girls fr resettlement. Actrs receiving resettled refugees in third cuntries shuld strengthen their capacity t ensure attentin t the specific needs f wmen and girls (including wmen at increased risk) in their integratin plans, recgnizing that wmen and girls are ften dependent n male family members fr infrmatin regarding their legal status during resettlement and may therefre be less willing t seek available services when needed. f) Ensure refugee wmen s and girls equitable access t new and increased pathways, such as humanitarian visa prgrams, educatinal visas, and emplyment prgrams, t access safe cuntries where they can realize their rights and live in dignity. UNHCR, NGO partners, and gvernments shuld wrk tgether t recgnize refugee wmen s and girls skills and carry ut thrugh analysis and recmmendatins fr cmplementary and alternative pathways t be part f expanded slutins ptins. Making the Glbal Cmpact n Refugees Wrk fr all Wmen and Girls 6