United States of America
08.05.03
Urgent Interventions
USA: Plans to limit availability of asylum for women refugees who have suffered gender-based violence
Case USA 080503.VAW
Violence Against Women/Potential Expulsion of Women Refugees
The International Secretariat of OMCT requests your URGENT intervention in the following situation in the United States of America.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Lawyer’s Committee for Human Rights, and other reliable sources, of the US government’s intention to limit the availability of asylum to women who have been victims of gender-based human rights abuses, and in particular, of the possible expulsion of Rodi Alvarado, a survivor of severe domestic violence, to her country of origin, Guatemala.
According to the information received, Ms. Alvarado had been granted asylum based on her fear of severe domestic violence committed by her husband. Ms. Alvarado had attempted to leave her abusive husband multiple times, staying within the borders of Guatemala, but her husband had consistently found her. The police offered her no protection from the violence that she suffered at the hands of her husband. Reportedly, her husband whipped her with electrical cords, hit her with mirrors, threw a machete at her, and raped her on a daily basis. Eventually, Ms. Alvarado was able to escape to the United States, where she was granted asylum. On appeal, her asylum claim was reversed, because the Court found that she had not established that she was persecuted on account of her race, religion, membership in a particular social group, political opinion or nationality, as required by the US asylum laws. Organizations and lawyers fighting for Ms. Alvarado’s asylum claim asserted that her status as a victim of domestic violence made her a member of a particular social group and her opinion that women should not be subject to such violence was a political opinion.
Responding to public pressure concerning Ms. Alvarado’s case, former Attorney General Janet Reno agreed to consider the case and vacated the decision of the court of appeal. She sent the case back to the court with instructions to await proposed regulations being developed by the Justice Department concerning the definition of social group, and particularly asylum claims related to domestic violence. These proposed regulations have yet to be issued.
According to the information received, the current Attorney General, John Ashcroft, is planning to issue new regulations that would limit gender-based asylum claims and be severely detrimental to women seeking to escape from violence, such as domestic violence, trafficking, and crimes committed in the name of honor. Additionally, because of new laws transferring immigration functions to the newly created Department of Homeland Security, Secretary Tom Ridge will play a large role in developing the new regulations. Attorney General Ashcroft has also re-certified Ms. Alvarado’s case to himself on March 19, 2003, and could issue a new decision on her asylum claim at any time. Ms. Alvarado’s husband has threatened to kill her and her return to Guatemala would put her in grave danger.
The International Secretariat of OMCT is gravely concerned for the psychological and physical integrity of Ms. Rodi Alvarado, in particular with respect to her potential return to Guatemala where she is in serious danger of being killed. OMCT considers that such an expulsion of Ms. Alvarado would be contrary to international legal norms concerning the protection of refugees. Additionally, OMCT is deeply troubled by indications that the US government plans to limit the availability of asylum to women who base their claims on gender-based violence. OMCT considers that the US should adhere to a gender-sensitive interpretation of refugee law and offer protection to women, as a social group, who are at risk of gender-based persecution.
Action requested
Please write to the authorities in the United States urging them to:
i. guarantee the safety, and the physical and psychological integrity, of Ms. Rodi Alvarado by confirming her claim to asylum and not deporting her back to Guatemala;
ii. guarantee protection to women under their jurisdiction who are at risk of gender-based persecution;
iii. take guidelines provided by the United Nations High Commissioner for Refugees on gender-based persecution into account when applying provisions of domestic immigration law;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the United States in accordance with international human rights standards.
Addresses
· The Honorable John Ashcroft, Attorney General, Department of Justice, 950 Pennsylvania Ave, NW, Room 440, Washington DC 20530-0001, USA, Fax: 1 202 307 6777, Salutation: Dear Attorney General
· The Honorable Tom Ridge, Secretary of Homeland Security, U.S. Department of Homeland Security, Naval Security Station, Nebraska and Massachusetts Ave. NW, Washington, DC 20528, USA, Fax: 1 202 282 8404, Salutation: Dear Secretary Ridge
· The Honorable George W. Bush, President, The White House, Office of the President, 1600 Pennsylvania Avenue, Washington, DC 20500, USA, Fax: 1 202 456-2461, Salutation: Dear President Bush
Please also write to the embassies of the United States of America in your respective country.
Geneva, May 8, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Violence Against Women/Potential Expulsion of Women Refugees
The International Secretariat of OMCT requests your URGENT intervention in the following situation in the United States of America.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Lawyer’s Committee for Human Rights, and other reliable sources, of the US government’s intention to limit the availability of asylum to women who have been victims of gender-based human rights abuses, and in particular, of the possible expulsion of Rodi Alvarado, a survivor of severe domestic violence, to her country of origin, Guatemala.
According to the information received, Ms. Alvarado had been granted asylum based on her fear of severe domestic violence committed by her husband. Ms. Alvarado had attempted to leave her abusive husband multiple times, staying within the borders of Guatemala, but her husband had consistently found her. The police offered her no protection from the violence that she suffered at the hands of her husband. Reportedly, her husband whipped her with electrical cords, hit her with mirrors, threw a machete at her, and raped her on a daily basis. Eventually, Ms. Alvarado was able to escape to the United States, where she was granted asylum. On appeal, her asylum claim was reversed, because the Court found that she had not established that she was persecuted on account of her race, religion, membership in a particular social group, political opinion or nationality, as required by the US asylum laws. Organizations and lawyers fighting for Ms. Alvarado’s asylum claim asserted that her status as a victim of domestic violence made her a member of a particular social group and her opinion that women should not be subject to such violence was a political opinion.
Responding to public pressure concerning Ms. Alvarado’s case, former Attorney General Janet Reno agreed to consider the case and vacated the decision of the court of appeal. She sent the case back to the court with instructions to await proposed regulations being developed by the Justice Department concerning the definition of social group, and particularly asylum claims related to domestic violence. These proposed regulations have yet to be issued.
According to the information received, the current Attorney General, John Ashcroft, is planning to issue new regulations that would limit gender-based asylum claims and be severely detrimental to women seeking to escape from violence, such as domestic violence, trafficking, and crimes committed in the name of honor. Additionally, because of new laws transferring immigration functions to the newly created Department of Homeland Security, Secretary Tom Ridge will play a large role in developing the new regulations. Attorney General Ashcroft has also re-certified Ms. Alvarado’s case to himself on March 19, 2003, and could issue a new decision on her asylum claim at any time. Ms. Alvarado’s husband has threatened to kill her and her return to Guatemala would put her in grave danger.
The International Secretariat of OMCT is gravely concerned for the psychological and physical integrity of Ms. Rodi Alvarado, in particular with respect to her potential return to Guatemala where she is in serious danger of being killed. OMCT considers that such an expulsion of Ms. Alvarado would be contrary to international legal norms concerning the protection of refugees. Additionally, OMCT is deeply troubled by indications that the US government plans to limit the availability of asylum to women who base their claims on gender-based violence. OMCT considers that the US should adhere to a gender-sensitive interpretation of refugee law and offer protection to women, as a social group, who are at risk of gender-based persecution.
Action requested
Please write to the authorities in the United States urging them to:
i. guarantee the safety, and the physical and psychological integrity, of Ms. Rodi Alvarado by confirming her claim to asylum and not deporting her back to Guatemala;
ii. guarantee protection to women under their jurisdiction who are at risk of gender-based persecution;
iii. take guidelines provided by the United Nations High Commissioner for Refugees on gender-based persecution into account when applying provisions of domestic immigration law;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the United States in accordance with international human rights standards.
Addresses
· The Honorable John Ashcroft, Attorney General, Department of Justice, 950 Pennsylvania Ave, NW, Room 440, Washington DC 20530-0001, USA, Fax: 1 202 307 6777, Salutation: Dear Attorney General
· The Honorable Tom Ridge, Secretary of Homeland Security, U.S. Department of Homeland Security, Naval Security Station, Nebraska and Massachusetts Ave. NW, Washington, DC 20528, USA, Fax: 1 202 282 8404, Salutation: Dear Secretary Ridge
· The Honorable George W. Bush, President, The White House, Office of the President, 1600 Pennsylvania Avenue, Washington, DC 20500, USA, Fax: 1 202 456-2461, Salutation: Dear President Bush
Please also write to the embassies of the United States of America in your respective country.
Geneva, May 8, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.