Resettlement Assessment Tool: Polygamous Families

Resettlement Assessment Tool: Polygamous Families The Resettlement Assessment Tool: Polygamous Families has been developed to enhance UNHCR s effectiveness and harmonize procedures for assessing polygamous families for resettlement; to assist staff in determining whether to submit a polygamous family for resettlement in accordance with the UNHCR Baseline Standard Operating Procedures on Resettlement; to ensure all considerations and procedural safeguards are taken into account to reach a final decision; and to implement UNHCR s obligations to promote family unity, durable solutions, and protection for refugees in accordance with its mandate. Part One, the User Guide accompanying this tool, provides information related to the protection of polygamous families and an explanation of each step required in the resettlement assessment process. Part Two, the Resettlement Assessment Tool: Polygamous Families, provides a step by step guide for conducting an assessment of polygamous families having specific protection needs to determine whether resettlement is the most appropriate durable solution for the family. For Internal Use Only June 2011 Resettlement Service Division of International Protection http://swigea56.hcrnet.ch/refworld/docid/4dc7a9032.html

User Guide Introduction This Resettlement Assessment Tool: Polygamous Families is designed to assist UNHCR staff: For internal use only to assess the protection needs and legal and social challenges specific to considering polygamous families for resettlement; and to guide staff on the processing if it is decided to proceed with a resettlement submission. Steps 1 through 5 outline the considerations that should guide the determination of whether to pursue resettlement of polygamous families who have resettlement needs or for whom resettlement is the most appropriate durable solution. Steps 6 and 7 provide guidance on the approval process and preparation of the cases for resettlement submission. Note that counselling is a crucial component of resettlement processing. Each step of the process should be clearly explained to all members of the family to ensure transparency, and to manage expectations. What is polygamy? Definition: A person engages in polygamy when he or she is legally married to more than one spouse at the same time, regardless of whether they are living together. Staff should be alert to situations where a person has married a second spouse without legally divorcing the first spouse, as well as situations where a person is living with two spouses. 1 Terminology: Although polyandry (the practice of a woman being married to more than one husband at a time) does exist, polygny (the practice of a man being married to more than one wife at a time) is the more common form of polygamy. For clarity therefore, this tool refers to a husband and his wives. The guidance, however, applies equally to polygamous cases of a wife and her husbands. Under international law: Polygamy is considered a violation of the principle of equality of men and women in marriage. The Human Rights Committee determined that polygamy violates a woman s dignity, is an inadmissible discrimination, and should be abolished. 2 The Committee on the Elimination of Discrimination against Women determined that polygamy is a violation of Article 5 of CEDAW and that it has serious implications for the emotional and financial wellbeing of a woman and her dependants. 3 Under domestic legislation: Most resettlement States have domestic legislation prohibiting polygamy and will not consider submissions of polygamous unions. Other States may recognize a person engaged in polygamy as having only one legal spouse (the legally recognized spouse under their domestic law). The legally recognized spouse is usually either the first woman to whom the man was married or any other wife, provided that the husband has divorced all other wives prior to the resettlement submission. 1 See UNHCR, UNHCR Handbook for the Protection of Women and Girls, January 2008, section 5.2.2, p. 193, http://www.unhcr.org/refworld/docid/47cfc2962.html 2 UN Human Rights Committee (HRC), CCPR General Comment No. 28: Article 3 (The Equality of Rights between Men and Women), 29 March 2000, CCPR/C/21/Rev.1/Add.10, para. 24, http://www.unhcr.org/refworld/docid/45139c9b4.html 3 UN Committee on the Elimination of Discrimination against Women, General Recommendation No 21: Equality in Marriage and Family Relations, 1994 HRI/GEN/1/Rev.8, para. 14, http://www.unhcr.org/refworld/docid/48abd52c0.html User Guide Resettlement Assessment Tool: Polygamous Families 2

Legal and social challenges in the resettlement context As recognized in international and domestic law, polygamy also poses social and legal protection challenges. In the context of refugee resettlement in particular, these challenges must be carefully considered by UNHCR when determining whether refugees who are members of a polygamous family should be submitted for resettlement. Resettlement State legislation recognizing only one legal wife has frequently led members of polygamous families to opt for separation in order to gain admission to a resettlement State. In cases where the wives are dependent on the husband, this requirement can result in the subsequent separation or abandonment of dependent family members for purposes of resettlement, which may lead to the contravention of the right to family unity and the rights of the child. In other cases where a wife is separated from, but never officially divorced from her husband who has married another woman, she might face social stigmas or other protection issues if she is required to divorce her husband so that he can be resettled with his other wife. In both of these situations, the wife (or wives) and their children who remain behind in the first country of asylum may be rendered more vulnerable to protection risks. UNHCR s considerations UNHCR respects culturally diverse interpretations of family membership and seeks to avoid family members within polygamous unions being put at risk of abandonment as a result of resettlement of other family members. For the purposes of maintaining family unity and promoting protection of all members of a refugees family, UNHCR recognizes polygamous unions in its criteria for eligible unions. 4 Where a polygamous marriage is contractually valid, all family members are eligible for UNHCR assistance. UNHCR has responsibilities to seek most appropriate durable solutions for its persons of concern, including refugees in polygamous families. However, as explained above, most resettlement States have domestic legislation prohibiting polygamy or may require that polygamous unions be dissolved if such cases are to be considered for resettlement. In principle, UNHCR should avoid a situation where one wife is chosen over the others in order for a man and his chosen family members to be submitted to a resettlement State, 5 thereby putting the unity of the polygamous family at risk. However, there may be circumstances where refugees in polygamous families present protection needs or vulnerabilities, which warrant resettlement consideration. Operational contexts also lead UNHCR to consider the cases of polygamous families present in refugee populations being resettled under the group methodology. Given specific and serious social and legal protection challenges that resettlement of refugees in polygamous families would entail, additional considerations and procedural safeguards outlined in this tool are required when assessing the resettlement needs of refugees in polygamous families. 4 UNHCR, Protecting the Family: Challenges in Implementing Policy in the Resettlement Context, June 2001, Background Note, Annual Tripartite Consultations on Resettlement, para. 19, http://www.unhcr.org/refworld/docid/4ae9aca12.html 5 UNHCR, UNHCR Handbook for the Protection of Women and Girls, January 2008, section 4.3.4, p. 170, http://www.unhcr.org/refworld/docid/47cfc2962.html User Guide Resettlement Assessment Tool: Polygamous Families 3

UNHCR may consider the submission of all members of a polygamous family for resettlement in cases where: a member of a polygamous family has a resettlement need and meets the requirements for submission under a resettlement category, and the principle of family unity and physical, financial, psychological and/or emotional dependency dictate that the entire family must be resettled together. The assessment of the physical, financial, psychological and emotional dependency among the spouses is the crucial factor in determining whether polygamous families should be submitted for resettlement. Submitting the case together helps to maintain family unity and to ensure that wives not legally recognized by resettlement States and their children do not become more vulnerable to protection risks by being left behind in the country of asylum. Step 1: Identification of the resettlement need All durable solutions (voluntary repatriation, local integration and resettlement) have been assessed and resettlement is identified as the most appropriate durable solution. The polygamous family has a resettlement need or vulnerability that warrants a resettlement assessment. Step 2: Verification of family composition In the resettlement assessment process, the family composition must be clearly verified, including: wife or wives who have a relationship of material or emotional dependency upon the husband; or on each other; Note that they may have a dependency link even if they are not cohabitating. wife or wives who do not have a dependency link with the husband; or with each other; Note that they may also consider themselves de facto divorced or separated and no longer have a dependency link. the biological parentage and dependency of each child of the husband and of each wife; and any other dependent family members. Step 3: Assessment of protection concerns related to resettlement Dependent family members within polygamous unions risk being abandoned for the purpose of resettlement due to State restrictions on polygamy. It is important to assess what protection needs could arise from separation necessitated by resettlement processing. As detailed in the checklist, each adult member of the polygamous family must be separately interviewed, counselled, and consulted in order to: determine each adult s wishes; confirm their dependency link; identify any protection needs; and elicit elements of an independent refugee claim. Each child member of the family must be separately interviewed, counselled, and consulted in order to: identify any protection needs; and obtain the child s input into the decision making process. User Guide Resettlement Assessment Tool: Polygamous Families 4

Parents must also be counselled together, in order to: discuss custody issues if they have not been determined through legal means such as divorce proceedings; and if one parent will not be included in the individual case, determine whether that parent is willing to provide informed signed consent for the resettlement of his/her child with the other parent. Note that the signing of the actual consent form may be delayed until after the country of resettlement submission is determined, but the willingness of the non accompanying parent to give consent to the resettlement of her/his child determines whether a BID is required. Presenting independent refugee claims and resettlement needs If each principal applicant/spouse cannot present her/his own refugee claim, there is a heightened risk that one of the wives may be rejected for resettlement, while the other wives(s) are accepted. This places the wife and her children rejected for resettlement in a situation of increased vulnerability, and also results in the violation of the principle of family unity. While the wife legally recognized by the resettlement State will generally benefit from derivative refugee status, any other wife, whether included in the same RRF, submitted as a cross referenced linked case, or submitted independently, must be able to present her own refugee claim in order to be accepted for resettlement. Whether included in the same RRF, submitted as a cross referenced linked case, or submitted independently, each principal applicant / spouse must present her own refugee claim to minimize the risk that one of the wives may be rejected for resettlement, while the other wife is accepted. This places the wife and her children rejected for resettlement in a situation of increased vulnerability, and also results in the violation of the principle of family unity. It is therefore important to conduct individual refugee status determination wherever possible for each adult family member, and to ensure that the individual refugee claim of each adult family member recognized on a prima facie basis is assessed at the time of the resettlement interview. This measure provides each adult family member with the opportunity to inform UNHCR of any individual protection needs they may have and any independent grounds they may have for seeking international protection. 6 This measure also ensures that submissions for resettlement of each adult family member may be made independently and improves their chances of acceptance for resettlement. However, as each case will be reviewed by the resettlement State and assessed under that State s domestic refugee legislation, it is the State who ultimately determines eligibility. Therefore, it is important to counsel the family that although UNHCR may have found each wife to be a refugee with her own claim, there is always a risk that the resettlement State might still reject one or more of these wives for not meeting the criteria for refugee status under its domestic refugee 7 legislation. In addition, UNHCR should identify which resettlement submission category will be used in each crossreferenced case. Each principal applicant/spouse should fall within at least one of the resettlement submission categories. Note that family reunification is not an appropriate resettlement submission category unless the submission is made to reunify with a family member already in a resettlement country. 6 UNHCR, Procedural Standards for Refugee Status Determination Under UNHCR s Mandate, 20 November 2003, http://www.unhcr.org/refworld/docid/42d66dd84.html 7 See UNHCR, UNHCR Handbook for the Protection of Women and Girls January 2008, section 4.3.4, p. 170, http://www.unhcr.org/refworld/docid/47cfc2962.html User Guide Resettlement Assessment Tool: Polygamous Families 5

Best Interests of the child A Best Interests Determination is a formal process to determine a child s best interests for particularly important decisions affecting the child and that require strict procedural safeguards. Such a process should ensure adequate child participation without discrimination and should allow the views of the child to be given due weight in accordance with her/his age and maturity. The BID involves decision makers with relevant areas of expertise, and it balances all relevant factors in order to assess the best option. 8 In the context of resettling the children of polygamous families, children risk being separated from either their biological mother or father. Under the Convention on the Rights of the Child, children have the right to know and be cared for by both parents, should not be separated from their parents against their will, and have the right to maintain relations and direct contact with both parents unless it has been determined contrary to their best interests. 9 A separation may only be carried out if it is in the best interests of the child. A BID could be undertaken to advocate for the right of the children to be resettled with both parents (BID Guidelines, page 41). The BID is a procedural safeguard, and it reinforces the dependency link between the spouses in order to advocate for family unity and the rights and best interests of the child(ren). The BID takes into consideration the views of the child, the views of the family members and other persons close to the child, the risk of harm, the family environment and alternative care, the developmental needs of the child, and other relevant factors. 10 BIDs are in principle not required for a child submitted with both biological parents (the husband and the wife legally recognized by the resettlement State) on the same case. However, the child s protection needs should still be assessed and addressed as part of the resettlement assessment process. A BID is required in cases where custody is not resolved and national authorities are unwilling or unable to adjudicate on the custody (BID Guidelines, pages 40 44). Even if the intention is to submit the entire family to the same resettlement country, most situations require the family to be separated into separate cases. In situations where a child is included in a case without one of his/her parents, the other parent must be interviewed, counselled, and consulted: his/her informed written consent should be obtained, even if the cases are cross referenced; if he/she refuses to sign consent form, efforts should be made to engage competent national authorities to make a legal determination of custody; if local authorities are unwilling or unable, or procedures are inaccessible to refugees, UNHCR should undertake a BID to determine if resettlement together with one parent is in the best interests of the child; the parent who travels with the child should be advised to initiate procedures to acquire full custody rights upon arrival in the resettlement country. 8 A BID is necessary to: ensure that specific protection and care is provided to a child who is or may become deprived of the protection of his or her family; enable UNHCR staff and partners to review the situation of the child in a comprehensive manner, ensuring that decisions are in line with the provisions and spirit of the CRC, and other relevant international instruments; allow the child s opinion to be heard, and ensures that his or her views are given due weight according to his or her age, maturity and evolving capacities; help to identify and address protection gaps; and avoid decisions which have a fundamental impact on the child being taken by one individual in isolation. UNHCR, UNHCR Guidelines on Determining the Best Interests of the Child, May 2008, pp. 23 24, http://www.unhcr.org/refworld/docid/48480c342.html 9 UN General Assembly, Convention on the Rights of the Child, 20 November 1989, United Nations, Treaty Series, vol. 1577, p. 3, http://www.unhcr.org/refworld/docid/3ae6b38f0.html 10 See also UNHCR, Field Handbook for the Implementation of UNHCR BID Guidelines, 2011, http://www.unhcr.org/refworld/docid/4dda4cb02.html User Guide Resettlement Assessment Tool: Polygamous Families 6

Note that a decision to carry out a separation of the child should not be based on any balancing of the child s interests with the interests of any other parties, but solely on the best interests of the child. Therefore, as a part of the BID process, each parent and child should be interviewed separately in order to: determine whether the parents are in genuine agreement regarding whether the family should be submitted for resettlement; determine how the family will be divided for purposes of resettlement, and custody arrangements; and ensure that each child gives input into and is involved in the decision making process. Step 4: Identification of the resettlement State and case composition UNHCR should obtain the resettlement State s agreement to the submission prior to any submission of a polygamous family to that State. In cases of polygamous families for whom resettlement is the identified durable solution, some resettlement States whose national legislation prohibits polygamy may, in rare instances, allow the separate resettlement of non legally recognized wives and their children to the same country and community as their husband. Whether or not legal divorces are required in these instances, the marriages would not be legally recognized, and the couple would be prohibited from cohabiting in the resettlement State. Some resettlement countries may also be willing to accommodate polygamous families as separate but cross referenced resettlement cases in order to respect the rights and best interests of the child (ren). 11 However, most resettlement States are not willing to consider cases that have been separated solely for the purposes of resettlement. Therefore, consultation with the resettlement State s policies on polygamy should be undertaken to better understand the implications for the legal rights of the wives and children submitted as crossreferenced cases, including: admissibility criteria and the risk of a split decision; 12 legal rights of each of the wives in the resettlement State; legal rights of the children in the resettlement State; and rights of co habitation in the resettlement State. Where required by the resettlement State, the refugees marital status should be legally documented, including: a legal marriage certificate for the legally recognized wife; and legal divorce certificates for the other wives. 11 During the 2007 UNHCR Executive Committee meeting, States were encouraged to enhance the use of resettlement as a protection and durable solutions tool for children at risk; where appropriate, take a flexible approach to family unity, including through consideration of concurrent processing of family members in different locations, as well as to the definition of family members in recognition of the preference to protect children within a family environment with both parents UNHCR, Conclusion on Children at Risk, 5 October 2007, No. 107 (LVIII) 2007, para. (h) xviii, http://www.unhcr.org/refworld/docid/471897232.html. 12 A split decision refers to an instance where family members were considered for resettlement individually and some individuals were accepted and others rejected. User Guide Resettlement Assessment Tool: Polygamous Families 7

Note that divorce or marriage registration may be difficult to obtain or document in the refugee s current country of asylum. It is important to consult the resettlement State to determine whether evidence of a formal marriage or divorce is required, particularly when one of the other wives is not a refugee. Case Composition: In extremely rare instances, a resettlement State may permit the submission of all family members on a single RRF, but this takes place only if specifically agreed upon with the resettlement State in advance for a particular population of refugees. Even where all wives not legally recognized by the resettlement State are included on a single RRF, they will still have their individual refugee claims assessed separately from their husband. When a single RRF is not acceptable, one solution would be to separate the polygamous family unit into two or more cases, whereby one wife and her biological children are included in one Resettlement Registration Form (RRF), and the other wife(wives) and her children are included in a separate RRF that is cross referenced to the first case. The willingness of States to accept such submissions must be confirmed early in the process. Step 5: Counselling and informed consent It is important to assess all of the specific legal and social consequences for each of the wives and their children and to discuss these consequences thoroughly with each family member before they make a decision regarding their consent to the submission (and separation into individual cases, where applicable) of the case to be submitted for resettlement. As detailed in the checklist, in both scenarios where wives wish to be resettled together and those where wives wish to be resettled separately or to remain in the country of asylum, the family should be counselled about the following: the separate assessment of their refugee claims and possibility that one of the wives may be rejected for resettlement; the resettlement State s domestic legislation regarding the legality of their relationships; and any legal requirement that they not cohabit in the resettlement State. If available, counselling could also include information regarding the wives rights to property, pensions, or inheritance; and the rights of their children. Families also should be counselled regarding the inclusion of children under either their father or their mother s file in cases where the family is separated into two or more cases and submitted as crossreferenced cases. If included on one parent s file, in instances where the other parent was submitted separately as a crossreferenced case and rejected by the resettlement State, or where the other parent is a national of the country of asylum, the child(ren) may be able to apply to bring the other parent to the resettlement State under family reunification programmes, depending upon the resettlement State s national legislation. However, the possibility for children to sponsor a parent under such immigration procedures in resettlement States is very limited as most States have requirements that narrow this right, such as requiring that the child first reach the age of majority (usually 18 years old) and demonstrate that s/he has the financial resources to support the parent. User Guide Resettlement Assessment Tool: Polygamous Families 8

Each member of the family should be separately advised and consulted to obtain their individual consent. The decision to submit a polygamous family for resettlement should be the prerogative of the family wherever possible, and each member of the family must consent to the submission (and separation into individual cases, where applicable) of the case before it can be submitted for resettlement. It is very important that these cases are carefully evaluated to determine that no issues of coercion are influencing each family member s decision. In addition, UNHCR must counsel each family member that their decision will remain confidential so as to alleviate as much as possible potential concerns about repercussions from other family members should the individual not consent to the submission of the family for resettlement, and the family not be submitted for resettlement. Spouses who DO wish to be resettled together In the joint submission of cross referenced cases, it is necessary to ensure that the wife (wives) not legally recognized by the resettlement State and their children s family unity rights and protection needs are addressed. Therefore, if spouses wish to be resettled together, UNHCR should consider submission of the husband and the wife legally recognized by the resettlement State on the condition that the wives not legally recognized by the resettlement State and these wives children will also be submitted for resettlement to the same State as cross referenced cases. Note that if there is a dependency link between the cases, such as between two of the wives married to the same husband (for example one wife is a refugee woman, and the other wife is her disabled sister who depends upon her for care and support), it is important to determine how best to ensure the protection of both wives and to consult resettlement States regarding any possible solutions. The Resettlement Registration Form (RRF) should clearly stipulate that one case cannot be resettled without the other. The submission of cross referenced cases of a polygamous family separated for purposes of resettlement should be based upon the following: a dependency link between the husband and his wives; the consent of all of the spouses to separate the case for resettlement purposes and to be submitted for resettlement; the written consent of the parent not included on the case for the other parent to have custody of their child; and, most critically, the understanding of the wives not legally recognized by the resettlement State that their relationship with the husband will not be considered legally valid in the resettlement State. The non legally recognized wives and the husband s cases should be cross referenced on the RRF and submitted to the same resettlement State within the same time frame. Spouses who do NOT wish to be resettled together In some cases, a wife may wish to separate from the family, and not be resettled to the same country as the husband. This may be the case in situations where a wife considers herself separated or divorced from and is no longer cohabiting with the husband. Often in such cases a formal divorce or separation may not have occurred, but the husband and wife consider themselves de facto divorced or separated. It may also be the case where the wife wishes to leave the marriage, but due to societal or other pressures, has been unable to obtain a separation or divorce from the husband. User Guide Resettlement Assessment Tool: Polygamous Families 9

For example, a wife may not have agreed to the polygamous family arrangement when it was made, but was forced to marry the husband. 13 Or a wife may be a victim of domestic violence at the hands of the husband or one of the other wives, but has been unable to obtain protection from this violence. In such cases, when it is the clearly stated wish of one of the wives to separate the case and not be resettled to the same country as the husband, UNHCR should carefully consider all the reasons behind this decision and the best interests of any children involved, and assist the couple to reach written agreement on the custody of any dependant children of the marriage. All of these factors, as well as a BID report if one has been conducted, should be considered by UNHCR when deciding whether to go forward with the resettlement submission of only the husband and the legally recognized wife, or only of the other wife with or without her children. UNHCR should also take these issues into consideration to determine whether to submit the separated case to a different resettlement State or to the same resettlement State, but not as a cross referenced case. Step 6: Recommendation and authorization The UNHCR staff conducting the resettlement assessment should recommend whether or not to submit the family for resettlement. The recommendation is based upon the assessment conducted in Step 1 through Step 5. If resettlement is recommended, then the UNHCR staff should indicate the recommended case composition: if and how the family will be separated and who will be the Principal Applicant(s) (PRA); which dependent children will accompany each PRA; the resettlement State for each PRA; and whether the cases should be cross referenced. The Reviewing Officer and Authorizing Officer must both review the assessment and sign off on the recommendation or provide their views where applicable. Step 7: Completion of the Resettlement Registration Form (RRF) If Steps 1 6 as described above lead UNHCR to determine that the submission of the polygamous family for resettlement is the best option and durable solution for ensuring the family s protection and family unity, the next step is to complete the Resettlement Registration Form(s). RRFs for all cross referenced case(s) should be prepared and submitted to the same resettlement State within the same time frame. 13 See UNHCR, UNHCR Handbook for the Protection of Women and Girls, January 2008, section 5.2.2, p. 192, http://www.unhcr.org/refworld/docid/47cfc2962.html User Guide Resettlement Assessment Tool: Polygamous Families 10

The UNHCR staff completing the RRFs for the family should ensure that the following information is included in the RRFs: Sections 1 and 3 of the RRF: All cross referenced cases submitted to the same resettlement State should be listed in Sections 1 and 3 of each of the RRFs. Section 4 of the RRF: Separate refugee claims of all adults on the case should be included in Section 4. The resettlement State may agree to receive a single RRF for all family members, but may still evaluate the refugee claims of the non legally recognized wives separately. A separate refugee claim for each dependent adult (with the possible exception of the wife legally recognized by the resettlement State) listed in Section 2 of the RRF should be included in Section 4. Section 6 of the RRF: Any BIDs conducted are summarized in this section, listed as attachments in Section 9 of the RRFs, and submitted with the relevant RRFs. Section 7 of the RRF: The submission of the polygamous family and the agreement of the resettlement State to consider this family should be noted in each of the RRFs. The UNHCR should describe the nature of the dependency bonds, and clearly stipulate that in order to ensure family unity and the best interests of the children involved, one wife should not be accepted and should not depart without the others. If legal documentation of marital status is unavailable, UNHCR should provide an explanation. Section 9 of the RRF: Legal documentation of each spouse s marital status is listed in Section 9 and attached to the RRF. Custody consent forms signed by the parent not on the case with the dependant child are listed in Section 9 and attached to the RRF. Note on split decisions: Since UNHCR pursues resettlement of the polygamous family only after close consultation with and agreement by the resettlement State to consider the family together, it is expected that the submission of such case(s) will not normally result in split decisions by the resettlement State. However, should the State decide to accept only some of the family members, UNHCR staff should carefully assess a possibility of withdrawal and resubmission of all the entire family as outlined in the UNHCR, Guidelines on the Resubmission of Resettlement Cases, 2011 revision, http://swigea56.hcrnet.ch/refworld/docid/49818ae73a6.html User Guide Resettlement Assessment Tool: Polygamous Families 11

User Guide Resettlement Assessment Tool: Polygamous Families 12

Resettlement Assessment Tool: Polygamous Families The following seven steps should be followed and checked off ( ) in determining whether to submit a polygamous family for resettlement. See the attached User Guide for further guidance. Step 1: Identification of the resettlement need Step 2: Verification of family composition Step 3: Assessment of protection concerns related to resettlement Step 4: Identification of the resettlement State and case composition Step 5: Counselling and informed consent Step 6: Recommendation and authorization Step 7: Completion of the Resettlement Registration Forms (RRFs) If all items are checked yes or N/A, then the important procedural requirements have been met, and the family may be submitted for resettlement. Any items that are checked no raise critical issues that must be considered in determining on a case by case basis whether resettlement is the most appropriate durable solution for the family. Any necessary explanations for the Yes/No answers should be provided in the Remarks field. Where a question is not applicable, the N/A box should be checked. Resettlement Assessment Tool: Polygamous Families 1

Resettlement Assessment Tool: Polygamous Families Step 1: Identification of the resettlement need Resettlement need 1.1 All durable solutions (voluntary repatriation, local integration, and resettlement) have been assessed and resettlement is identified as the most appropriate solution. 1.2 The polygamous family has a resettlement need or vulnerability that warrants a resettlement assessment. Step 2: Verification of family composition Identification of family members 2.1 2.2 2.3 2.4 The material or emotional interdependency between spouses is identified. (Note: A wife may have a dependency link to the husband or to another wife even if they are not cohabiting.) The wives who do not have a dependency link with their husband are identified. (Note: They may consider themselves de facto divorced or separated and no longer have a dependency link.) All biological children of the husband and of each of the wives are identified and their dependency is assessed. All other dependent members of the family are identified. Step 3: Assessment of protection concerns related to resettlement Interviews with each adult 3.1 3.2 Dependency link between each wife and the husband is described. The husband and each wife are interviewed separately to counsel them on their options, and to identify their wishes. All spouses are counselled on the restrictions of resettlement States. Yes No N/A Resettlement Assessment Tool: Polygamous Families 2

Interviews with each adult 3.3 Protection needs (i.e. SGBV, forced marriages, etc.) are identified. Yes No N/A 3.4 3.5 Independent refugee claim established for each wife not legally recognized by the resettlement State and also for the husband engaged in polygamy. (Note: Where the wife legally recognized by the resettlement State Yes No does not wish to be resettled with the partner, the elements of her separate refugee claim should also be established.) Counselling on custody issues conducted, and written consent obtained for the resettlement of any child that will be submitted separately from one of his/her biological parents. (Note: A BID is required if the custody is not resolved through legal Yes No means such as divorce proceedings, or if the other parent does not willingly give consent for the child s resettlement.) N/A N/A Best Interests Assessments or Determinations 3.6 3.7 If appropriate, BID conducted to advocate with the resettlement State for the right of the children to remain with both parents. If custody is unresolved, BID is conducted for each dependent child considered for submission without one of its parents. BID recommends resettlement, and identifies which parent s case should include the child. Step 4: Identification of the Resettlement State and Case Composition Resettlement State 4.1 4.2 The UNHCR has obtained the agreement of the resettlement State to consider the polygamous family. Where required by the resettlement State, marital status is legally documented: Legal divorce certificates are obtained for the other wives. Yes No A legal marriage certificate is provided for the legally recognized couple. N/A Resettlement Assessment Tool: Polygamous Families 3

Resettlement State law 4.3 4.4 4.5 4.6 The risk of a split decision (one case but not the other accepted) is determined. Legal rights of each of the spouses in the resettlement State are identified. Legal rights of the children in the resettlement State are identified. Rights of cohabitation in the resettlement State are determined. Step 5: Counselling and informed consent Individual counselling for each spouse 5.1 5.2 5.3 5.4 5.5 The legality of the spousal relationships in the resettlement State is explained. Legal rights of the spouses in the resettlement State, including rights to property, pensions, and inheritance are explained. The separate assessment of each refugee claim and risk that one of the spouses may be rejected for resettlement is explained, and UNHCR s possible actions to maintain family unity in such an event are discussed. Legal restrictions on cohabitation in the resettlement State are explained. Legal rights of the children in the resettlement State are explained. Yes No N/A Yes No N/A Informed consent 5.6 Each spouse provided informed consent to the submission of the family for resettlement in the recommended case composition. 5.7 If one wife will not be resettled with the other spouse(s), she is asked whether she wishes to be resettled in the same State. Resettlement Assessment Tool: Polygamous Families 4

Step 6: Recommendation and authorization 6.1 Recommendation by the Case Officer The family should be submitted for resettlement with the following case composition Case Number Principal Applicant (PRA) Dependants accompanying the PRA Resettlement State Cross referenced case Each of the following procedural requirements, where applicable, have been met: Based on the individual protection interviews, BIDs, counselling, and informed consent of each of the spouses, submitting the family for resettlement is determined to be the best durable solution and the best means of ensuring family unity. Each Principal Applicant and the dependent children who will accompany them on the case have been identified. The dependent child(ren) are included on their parent s case with consent of the other parent and/or as recommended by the BID. Each wife not legally recognized by the resettlement State or submitted separately has an independent refugee claim. Each wife not legally recognized by the resettlement State or submitted separately falls within at least one of the resettlement submission categories. Yes Yes Yes Yes Yes No No No No No The cases should NOT be submitted for resettlement at this stage Reasons: Name: Signature: Title: Date: 6.2 Recommendation by the Reviewing Officer The case(s) should be submitted Name: Signature: The case(s) should be submitted BUT in a different case composition or to a different resettlement State as follows: The case(s) should NOT be submitted for resettlement at this stage for the following reason(s): Title: Date: Resettlement Assessment Tool: Polygamous Families 5

6.3 Approval by the Authorizing Officer The case(s) should be submitted Name: Signature: The case(s) should be submitted BUT in a different case composition or to a different resettlement State as follows: The case(s) should NOT be submitted for resettlement at this stage for the following reason(s): Title: Date: Step 7: Completion of the Resettlement Registration Form (RRF) If the family is recommended and authorized for resettlement submission in Step 6, the following information should be included in the submission for each RRF. RRFs 7.1 All cross referenced cases are listed in Sections 1 and 3 of each of the RRFs. 7.2 The resettlement claim of each Principal Applicant is detailed in Section 4 of the RRF. 7.3 If the resettlement State agrees to receive a single RRF for all family members, a separate claim is included in Section 4 for each adult dependent listed in Section 2 of the RRF. 7.4 The submission of the cross referenced cases and the agreement of the resettlement State to consider them are noted in Section 7 of each of the RRFs. 7.5 UNHCR clearly stipulates in Section 7 of each RRF that in order to ensure family unity and the best interests of the children involved, one cross referenced case should not be accepted without the others. 7.6 If legal documentation of marital status is unavailable, an explanation is provided in Section 7 of the RRF. 7.7 Any BIDs conducted are summarized in Section 6, listed as attachments in Section 9 of the RRFs and submitted with the relevant RRFs. 7.8 The cross referenced RRFs are all submitted to the same resettlement State within the same time frame. 7.9 Legal documentation of each spouse s marital status is listed in Section 9 and attached to the RRF. Resettlement Assessment Tool: Polygamous Families 6