Making Mainstreaming a Reality –

Gender and the UNHCR Policy on Refugee

Protection and Solutions in Urban Areas.
A Refugee Perspective
By

Eileen Pittaway

Thanks to Heike Lautenschlager and Ana Gacis, UNSW Centre for Refugee Research, for their
research assistance. Special thanks to Dale Busher, Director of Protection, the Women's Refugee
Commission, for his invaluable comments and input, in particular to the section on Livelihoods.

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 Making Mainstreaming a reality – Gender and the UNHCR Policy on Refugee
Protection and Solutions n Urban Areas

A Refugee Perspective.
“Can you imagine how it feels every night when you sit down to eat food with your children and, you know
that the only reason there is food on the table is that your wife works as a prostitute, or as a housemaid,
and every day her employer abuses and rapes her... That is what happens to so many of the men here, and
what can we do? If she does not work we will not eat – the children will starve ... and if she gets pregnant –
who is the father ... is she diseased? These are the things we think the whole time – yet we never talk about
it. The shame is too great” [Refugee man, Cairo, Egypt]

This quote is from a consultation held in Cairo with 23 men from different African communities who were
either refugees or asylum seekers. They were attending training for service providers, and as the week
progressed met out of hours to discuss their experiences as urban refugees. The issue of sexual and gender
based violence (SGBV) was high on their
agenda and the high levels of prostitution
in their communities was quickly Survival sex refers to situations whereby women have to
identified. Initially, there was a call for exchange sex in order to gain food, papers, to avoid being
the women to be jailed. What was thrown into jail, to avoid physical violence, to fulfil material
significant in the consultation was that needs for themselves and their families. It can be in the form
during the course of a week working of prostitution, working for employers who demand sexual
together, they moved from condemning favours, being forced into unwanted sexual relationships,
women who worked as prostitutes as including marriage, because there is no alternative means of
“immoral” and bringing shame on the survival. It results in loss of self esteem, sexual transmitted
communities, to devising strategies to disease, shame and stigmatisation, vulnerability to further
assist women forced into survival sex. abuse, unwanted pregnancies, dangerous abortions,
children born of rape, and domestic violence. It impacts on
Over recent years, the NSW Centre for
individuals, families and communities.
Refugee Research has conducted
community consultations with over 300
urban refugee families in Nairobi, Kenya;
Mae Sot, Thailand; New Delhi and Mizoram in India; Cairo in Egypt; and Kuala Lumpur in Malaysia. We have
seen the appalling conditions in which people live, often comparable to the worst refugee camps. We have
visited the factories, quarries, farms and markets where people are forced to work in dangerous conditions for
exploitive or even no wages. Refugees, both registered and unregistered discussed the lack of livelihoods,
exploitation when work could be found, and lack of access to healthcare and education for themselves and
their children. Often the only income for a family is for the women and girls to work as housemaids. Abuse and
rape is common in these circumstances. In particular the refugees discussed the vulnerability of woman and
girls, and in some cases boys and young men, to sexual abuse in these situations and the almost total impunity
enjoyed by perpetrators. Like so much of the sexual and gender based violence that is endured by refugee
women and girls, this is still shrouded in silence. Not one silence, but multiple silences.

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These issues are not new and many women and girls have been trying to break the silences for many years.
Despite the incredible toll on families and communities, it is women who bear the brunt of this violence. It is
women who contract sexually transmitted diseases; women who become pregnant with children of rape, or
undergo dangerous abortions; women who are beaten by husbands not able to stand the shame, and not
knowing how to handle this; women and girls who are shamed in the eyes of the community and often
isolated and thus placed in even more danger.

She felt so much that she was broken inside,

she felt guilty and she is feeling as though she
has committed a crime and that causes many
impacts on her health. So as she was
experiencing that kind of thing, she might not
feel like being with others, she would be
separated and alone and she will not be open
to anyone. So after being raped they feel like
they are nobody, they have no value, so that
they are committing more crimes, they are
prostitution, they are risking their lives,
because of HIV and violence. She [feels] so
much shame …she might feel like committing
suicide.[Refugee adolescent girl]

This report is based on what the communities have shared. It presents the problems that have been identified
and clearly described and analysed by the refugees. It also presents recommendations from the communities
to address some of these concerns. The recommendations are not exclusively directed towards women and
girls, as the refugees have demonstrated that violence against women and children is a family and community
issue. To address the gender issues in refugee populations solutions must be an integral part of the response
to the community, not an “add on” if resources are available. Quotes have not been attributed to specific sites
to avoid identification of UNHCR offices, implementing partners, staff and refugees. The research was covered
by comprehensive ethics procedures and all data is stored at the University of New South Wales.

A major issue which was clearly identified throughout the consultations was the intersectionality of the areas
of concern. They cannot be viewed and addressed in isolation from each other. Lack of access to basic needs
compounds risks and vulnerability. For example, access to safe and secure accommodation is critical to the
protection of women and girls from sexual violence. It is crucial for the maintenance of good health, and
important to enable an environment in which children and adults can study. Families struggle to maintain
normal familial relationships if they are not afforded some level of privacy. Women who cannot find safe
accommodation are more likely to seek work in unsafe places, which can provide some basic accommodation,
but can result in high risk of rape. Women and girls who are raped face a number of health challenges, but no
access to adequate livelihoods or free health services usually mean that they are not able to seek medical
attention. Poor health outcomes lead to lack of ability to protect children, to access what little employment
there is – so the cycle continues.

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 ‘The men they are like this.
They torture the women as
if they were their property.’
[Refugee Woman]

It can be claimed that these problems are not unique to refugees in urban situations. In many urban refugee
sites there are large populations of local poor who suffer from similar abuses living side-by-side with refugees.
This paper seeks to unpack the additional layers of discriminations and disadvantage which impact on the lives
of refugees and asylum seekers in urban spaces. The debate is often focused on access to social cultural and
economic rights, International Convention on Economic, Social and Cultural Rights, New York, 1966) mainly
material needs, and as noted above, lack of access to these is also experienced by the local populations in the
urban areas in which the refugees reside. Response to these needs therefore has to include nationals with
whom the refugees are sharing spaces. However, refugees also suffer from layers of discrimination and
persecution in urban sites which even the poorest local people do not endure, and these have to be
addressed. These are those rights which are come under the banner of Civil and Political rights (International
Covenant on Civil and Political Rights, New York, 1966). They affect those refugees who, for a wide range of
reasons are not able to gain access to registration and therefore recognition of their refugee status; those
refugees who have been rendered stateless by their refugee status; and all refugees who by definition do not
enjoy active and positive citizenship status and rights in any country in the world.

What this translates to on the ground is lack of access to the most basic levels of legal protection. Lack of legal
protection and citizenship leaves refugees open to abuse by local people and institutions who act with
impunity, knowing that the refugee population has little or no redress. Police and military are often hostile and
unhelpful. UNHCR often has little power and even fewer resources to enable them to provide the international
protection which is meant to sit in place of citizenship until solutions are brokered. Lack of access to these
rights is what sets refugees apart from host populations. They are often despised and exploited and suffer
violence at the hands of the poorest people in the host country. They are seen to be competing for scarce
resources and perceived as having no rights to be there. Host nations are often unable for financial reasons, or
unwilling for political reasons to respond to neither the social, cultural and economic rights of refugees, nor
the civil and political rights. Donor governments have tended to focus on the more visible communities in
camps and to ignore the needs of the ever growing populations of urban refugees. Many have been refugees
for so long that they are effectively being ‘warehoused in the city’.

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This paper is predicated on the belief that
eventually a durable solution will be found for all
refugees. It is argued that whichever of the
three durable solutions are found to be most
appropriate for individuals families and
communities, the international community has a
vested interest in improving the level of services
to a standard which at the least does no further
harm to refugees. These protection measures
should at a minimum preserve existing capacity,
and whenever possible build on and utilise
existing capacity. We need to ensure that when
durable solutions are eventually achieved,
refugees are able to take the maximum advantage of the opportunity to return, integrate or resettle with the
best possible outcomes. It is critical that in this process women and children are seen as players with agency
in their own right, not merely as dependent on spouses and fathers for their protection. Many do not have
adult males to protect them, and in some cases these males are the cause of their problems.

We will also examine the key role of service providers, including both UNHCR and Implementing Partners, in
actively working to make positive change. Many do amazing work around the world. I will always be touched
by a story from the UHCR office in Turkey, where every pay day the staff would collect money to assist in
accommodating unaccompanied minors for whom they could not find any other help. However, at times
negative attitudes and powerlessness due to the overwhelming nature of their need appears to lead to
inaction and negative practice on behalf of this group. This also needs to be addressed if the plight of urban
refugees is to improve, and not deteriorate further as their numbers increase.

The key concerns of all groups consulted were lack of registration and the long waiting times for interviews,
sexual and gender based violence, shelter, problems in obtaining safe and secure affordable accommodation,
and lack of access to livelihoods and income security. They described the major impacts of these human rights
abuses as fear, shame, humiliation, family breakdown and community dysfunction.

In 2008, the CRR held consultations and conducted email surveys with refugee groups in New Delhi, Mae Sot,
and Cairo and with resettled communities in Australia to seek their input into the Draft Urban Refugee Policy
released by UNHCR for public discussion. We are pleased to see that many of the issues that were raised by
refugees have been addressed in the new UNHCR Policy on Refugee Protection and Solutions in Urban Areas.
This document identifies many of the key problems which have been articulated by urban refugees for many
years, and while broad, suggests many positive steps and strategies, which, if addressed will go a long way to
addressing some of the problems. Yet still, the Policy remains silent on many of the gender aspects of the
Urban Refugee situation. The main focus on women is around their reproductive capacity, and there is a
moral overtone to to the brief discussion of survival sex (See appendix 1). The silences around the issues faced
by women and children prevent policy makers and governments from acknowledging and responding to the
issues. If they are not clearly named, they are not acknowledged as problems. The major silences are those
relating to the endemic rates of sexual and gender based violence endured by refugees, and the major
problem of securing accommodation.

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In this paper we will examine the gender impacts of each section of the UNHCR Policy on Refugee Protection
and Solutions in Urban Areas, and unpack what this actually means to the lives of so many women, children
and their families. We will identify policies and procedures already in place in UNHCR and how these might be
implemented to address the problems [See appendix 2]. We will identify good practice and responses in
already known documents, and present solutions suggested by refugee communities themselves.

Under the rubrics of ‘Securing the rights of urban refugees; Expanding protection space; Respecting key
principles; and Implementing comprehensive protection strategies’ the UNHCR Policy on Refugee Protection
and Solutions in Urban Areas (UNHCR,2009) has addressed twelve key areas, which are:

a) Providing reception facilities

b) Undertaking registration and data collection
c) Ensuring that refugees are documented
d) Determining refugee status
e) Reaching out to the community
f) Fostering constructive relations with urban refugees
g) Maintaining security
h) Promoting livelihoods and self-reliance
i) Ensuring access to healthcare, education and other services
j) Meeting material needs
k) Promoting durable solutions
l) Addressing the issue of movement

It is significant to note that only two of the four areas identified by refugees populations are comprehensively
addressed, which are those of registration and livelihoods, while the other critical areas of concern, those of
sexual and genders based violence and shelter, or accommodation, are barely mentioned [see Appendix 1].

On the excellent website introduced to inform the debate about the Policy and its implementation, these
points of focus have been reduced to seven areas, and we applaud the fact that both Women and Children and
Shelter have been included in these. They are:

1. Identification and outreach

2. Protection
3. Women and children
4. Education
5. Health
6. Livelihoods
7. Shelter

The analysis presented in this paper addresses the twelve critical areas, but has been grouped according to the
Chapters on the web site. Relevant sections can also be found in each Chapter.

Because of the cross cutting nature of the issues as discussed above, we are presenting this entire paper as the
Paper on Women and Children, examining the intersections between this group and each of the other six
areas. Even while doing this we were at times challenged as to decide which section goes where. Is the need
for secure accommodation a shelter issue or a protection issue? Is rape at work a livelihoods issue or a
protection issue? We met a further definitional challenge, because identification and status determination,

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education, health and livelihoods are all intrinsically and essentially part of the provision of protection. There
are common threads of protection issues and linkages between all sections of the paper.

Another consideration was whether to use the strictly legal definitions, or instead use broader definitions
more likely to be used and understood by practitioners and refugee communities on the ground? As the key
purpose in preparing this paper is to inform the implementation of the Policy and the preparation of guidelines
to assist in this endeavour, we have decided on the latter. Following the lead of the refugee communities, the
major focus is on Protection, Livelihoods and Shelter.

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THE SPECIAL NEEDS OF WOMEN AND CHILDREN IN RELATION TO PROTECTION

It is impossible to separate out the protection needs of women and children from the other cross cutting
themes. When appropriate these have been referenced in the text.

Protection is defined as all activities aimed at obtaining full respect for the rights of the Individual in
accordance with the letter and spirit of the relevant bodies of law, namely Human Rights law,
international humanitarian law and refugee law (Source: http://www.unhcr.org

1. PROTECTION NEEDS FOR WOMEN AND CHILDREN IN IDENTIFICATION AND OUTREACH

[Corresponds to sections a-d; k in the UNHCR policy on refugee protection and solutions in urban areas]

Identification:

“One family unrecognized, husband got sick, she is working but is still breastfeeding. She got sick, she
approached YMCA but as she was not recognized so they would not help. She was so sick she died. The
husband is still not recognized still now”(Refugee CBO worker)

The key issues identified by refugees in all sites were the special needs of refugees who are waiting for
registration or who are not recognised as refugees but are unable to return home because of fear of
persecution. They are without citizenship or any other form of protection, and are sometimes stateless. This
results in refugees being extremely vulnerable to police harassment and arrest. At times they are forced to
resort to bribery to avoid jail or deportation. They have very low social status and are discriminated against
and harassed by the local community. Some reported that they were also discriminated against by UNHCR
officials and staff from Implementing Partners, who did not always following standard operating procedures.
At times refugees were abused by these staff.

“Why should we speak to you, you are a dirty prostitute” (Implementing partner)

“Don’t lie to me about being raped – that will not get you refugee status – I suppose you just want to be
resettled – do you think we would not want to live in the USA too? Why should you go?” (said to a
refugee with an apparently valid claim. following rejection by UNHCR)

Unregistered refugees are often forced to take on the worst jobs unwanted by others in order to live. Because
of their ‘illegal’ status they are open to all forms of exploitation. Women and girls in particular are at increased
risk from sexual harassment and rape and often have to engage in survival sex to support their families. Access
to shelter is critical for unregistered women and children.

“Women who have been rejected are often forced to have sex with men just to have a place to stay. One
woman who was rejected committed suicide by taking poison rather than do this”. [Refugee Woman]

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Those who are unregistered or have had their claims rejected usually have no access to UNHCR services or
Implementing Partners, leaving them without livelihoods or any form of social security. They have no access to
refugee health care services and education. They are not eligible for UNHCR financial support and are denied
access to UNHCR meetings which might provide useful information. They have restricted rights of appeal for
refugee status and no legal recourse when criminal acts are committed against them.

Refugees described a wide range of impacts due to the lack of refugees status described above. These include
the effect on refugees’ mental health, their ability to care for family or look for work, family breakdown and
debt. Social stigma leads to low self-esteem and loss of dignity. Domestic violence is common. At times
children are forced into unsuitable labour. Women and girls are forced into survival sex and suffer a wide
range of serious health problems. There are no resettlement options for asylum seekers without refugee
status. The level of risk induced by these impacts leaves many women and girls vulnerable to trafficking.

“If women are sexually harassed they have nowhere to report it to, because our existence itself is illegal.
It is best not to approach the police because otherwise they will arrest us and send us home” [Refugee
Woman]

These concerns are not only experienced by those people who have been denied refugee status. They also
have an impact on people waiting for refugee determination – often for years at a time. This then has a ripple
effect on the entire community.

“Determinations take so long and asylum seekers can only survive with the help of others in the
community and this puts another pressure on all of us.”

Outreach - Problems in Service Provision

The communities discussed problems in two distinct areas:

1. Community Based Organisations

Many refugee groups form effective and supportive Community based organisations (CBOs) to assist
themselves. This is a good example of the capacity that refugees bring to refugee sites and their strong desire
for autonomy and self sustainability. Women’s groups have been exceptionally active in establishing support
groups for victims of SGBV. Often at great risk to themselves, they document the extent of SGBV and violations
of labour laws. These are attributes which will enable them to re-establish themselves, families and
communities once durable solutions are identified. Yet communities have extreme problems in maintaining
their CBOs. Many host governments refuse to register them, which means that they are not eligible to apply
for any funding. While many CBOs are very effective and productive, others lack the skills and infrastructure
to function effectively. Given the critical role that CBOs have to play in addressing problems experienced by
urban refugees, it is essential that they receive the support that they need.

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2. UNHCR, INGOs and NGOs

“…So the next day the whole community had to leave the house, and they went to UNHCR, and UNHCR said
it was the responsibility of YMCA, so they went to YMCA and they could not do anything. It is like they are a
volleyball between UNHCR and YMCA” [Worker in Refugee CBO]

The second area of concern was with some office and staff of UNHCR and Implementing Partners, both
international and local service providers. It is important to note that there were also many very positive
reports about excellent service provision, people working beyond the call of duty to assist refugees, and
extremely high levels of commitment. Sadly these were not uniform and here were many reports of service
provision which ranged from unsatisfactory, to accusations of criminal malpractice.

While undoubtedly in some cases refugee expectations of both UNHCR and Implementing Partners is
unrealistic, the author of this report has collected adequate evidence and witnessed a significant number of
incidents which confirm the statements made by the refugees.

“The implementing partner’s offices are all in fenced

compounds, when we go there for help, we have to
take a token and wait outside in line. There is no
shelter from the sun and no drinking water. We
often have to wait most of the day and those who
are old and sick can’t do it.” [Refugee Woman]

Refugees are forced to sleep on the streets outside

UNHCR. [Refugee man]

Major issues of concern expressed where limited accessibility to UNHCR offices and staff in all sites. Poor
quality, culturally inappropriate and inadequate services are provided by some Implementing Partners. There
is insufficient consultation with refugees regarding services provided and no recourse to voice concerns about

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Implementing Partners. The result is that community members feel a lack of confidence and trust in UNHCR
and Implementing Partners.

A critical issue is an apparent lack of communication between the UNHCR, CBOs NGOs and INGOs in all sites.
This leads to fragmented service delivery and lack of co-ordination for the refugees concerned. There is also
danger for women who have to travel long distances to access services putting women at greater risk of SGBV.
As mentioned later in the section on SGBV, lack of confidentiality between service providers and the absence
of safe spaces where women can disclose their problems is also a disincentive for women and children to
access services.

Recommendations:

 UNHCR and INGOs negotiate ways to assist essential community based organisations to obtain legal
registration in host countries

 UNHCR and INGOs to work more closely with and provide appropriate resources and support to
essential community based organisations

 A step-by step procedure be developed for case management and cooperation between all service
providers

 Increased dialogue be implemented between UN, host governments, INGOs NGOs and refugees,
asylum seekers as a matter of regular procedure

 Standard operating procedures for Women at Risk cases be developed to facilitate case
coordination mechanisms between agencies

 A comprehensive mapping of services be undertaken in each refugee site, and the information be
made available to all service providers and the refugee communities

 Effective referral mechanisms, confidentiality strategies and agreements be developed between all
service providers

 Safe spaces be established for women to report SGBV and seek coordinated service provision

2. PROTECTION

Sexual and gender based violence

[Corresponds to sections e, f, j and k of the UNHCR Policy on Refugee Protection and Solutions in Urban Areas]

While it is the women and girls who are the primary targets of sexual and gender based violence, the impact
on husbands and fathers, sons and brothers is also enormous. They also share the shame, the powerlessness,
and the knowledge that there is no justice for their female relatives or for the communities. The knowledge
that whole communities are unable to respond, and to neither provide for, nor protect the women and

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children causes enormous anguish. Many of them are carrying the physical and psychological scars of torture
and the horror of war. What is happening in urban situations is a repeat of what happened during conflict.
Instead of fleeing to safety, they have fled to continuing violence. Additionally, they suffer from labour
exploitation, racism and the erosion of their identity as protectors of the family and the breadwinners. Some
of the many forms of violence discussed by refugee women’s groups were rape and sexual harassment of
women and children by local men; rape of girls and women by employers; forced marriage, the breakdown of
families, marital violence and lack of community support for legal redress or divorce trap women into cycles of
violence, and the lack of safe spaces for women and children at risk. This is compounded by the low social
status of women. Even accessing basic needs for their families is dangerous. Rape and sexual abuse of women
when collecting spoiled food from the ground at night markets is a common occurrence.

“If the men go to the market for the spoiled foods they are often kicked beaten and sometimes killed.
The women only get raped and harassed, so we have to go”

The refugees talked of 6 main concerns about SGBV. They are:

1. Rape and sexual and gender based violence perpetrated by the host community, police and military
2. Rape and Sexual Abuse of Children
3. Domestic violence
4. Lack of safe spaces for Women and Children at Risk
5. Lack of access to legal protection
6. Access to Resettlement for Women and Girls at Risk

1. Rape and sexual and gender based violence perpetrated by the host community, police and military

Refugees reported that at times young women are killed after being raped, but this is hidden and people are
afraid to go to the police. There were many reports of police raping women who went to report SGBV.

Marital rape and sexual abuse in the home is endemic, especially in overcrowded accommodation. Other
forms of domestic violence include being raped by in-laws and other relatives. Women and girls cannot report
incidences and have to internalize emotions because of shame and community pressure, which can further
perpetuate abusive and self-abusive behaviors. When there is nowhere for the women to go – the absence of
solutions for the women causes the violence to escalate. Some women work as prostitutes even when they do
not want to, and if they do not entertain the
customer well they are tortured and money is taken
from them. Sexual harassment and threats from
employers are the everyday reality of urban
refugees’ lives.

“We want UNHCR to help girls and women who

have been raped and sexually abused but
women are afraid that if they report this and the
UNHCR social worker comes to that house that
that will identify what has happened and
everyone will say ‘aah that women has been
raped’ and this will be seen as thing of shame”
[Refugee Woman]

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The inequality in family relationships and the lack of women’s participation in community and family decision
making exacerbates social stigma. Women who are known to have been sexually abused or raped are often
ostracized by the local community. This can lead to feelings of shame, humiliation, and helplessness which in
turn can lead to the neglect of children. Emotional effects of family abuse and breakdown on children can lead
to children copying patterns of behaviour. Physical impacts,
including sexually transmitted diseases, affect livelihoods
and early and unwanted pregnancy can result in dangerous,
self-induced abortions, babies of rape or the deaths of
young women too small to bear children. Lack of access to
political participation and decision making over their own
lives, lack of autonomy and self determination, added to
lack of trust in the local community, perpetuates isolation
and powerlessness. All of these things are de-capacitating
and strip some refugees of the drive and capabilities to
participate fully in the search for durable solutions.

Other groups at particular risk identified by the refugees were widows without any family support and
protection; girls and boys, in particular unaccompanied minors, living in boarding houses, or sharing
overcrowded mixed sex rooms; and women living in same-sex relationships who are often shunned by the
community, and beaten or raped as punishment

2. Rape and Sexual Abuse of Children

“While the mother was in hospital the step father raped her daughter and she became pregnant…”
[Refugee Woman]

The key risk areas identified were those of orphaned girls adopted into other families (foster families) and
living with step fathers who sexually abuse both mothers and daughters. In the urban areas this often
occurred while mothers were away at work. This highlights the fact that all too often the focus on women at
risk ignores the fact that girls and young women often face the same risks of violence and sexual abuse.

“We want UNHCR to think specially about protection for young girls so they are not raped. This is a risk
many are facing.” [Refugee Woman]

“Another issue I want to raise, within the family there can be domestic violence, when the girls stay with
their stepfather, the father rapes the kids, which is becoming DV. They are so shy with their relatives and
their family they will not speak out and they keep silent and it stays in their hearts... when they speak out
the community will not support them and discriminates against them [Worker in Refugee CBO]

Homeless women and children with no income for shelter or basic needs, and girls and boys with a physical
or mental disability were also noted as needing specific attention. The vulnerability of young girls and boys
into trafficking, prostitution and other exploitative employment was also raised as an issue of major

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 concern. Male children and young men are also targeted for sexual abuse urban refugee sites, and there
are few if any services to cater for their needs. A further layer of silence hides these crimes.

Recommendations:

 The UNHCR Heightened Risk Identification Tool (HRIT) be used in urban refugee sites to identify
groups at heightened risk, and local staff trained in the use of the tool and the development of
appropriate responses.

 Specialised training be provided to counselors and health workers who engage with survivors of
rape and sexual violence, including improved protection and health services for women who are
HIV positive.

 Provide training to community leaders to respond effectively to women and girls who have
experienced rape and sexual violence.

 The links between protection between SGBV, livelihoods and shelter be further explored and
addressed.

 Design and implement programs aimed at GBV prevention – such as promoting safe, viable
economic opportunities for women to reduce vulnerability to GBV.

 Address issue of impunity through legal support and access to legal systems for survivors of
GBV.

 Effective measure be developed and implemented to ensure that orphaned and foster children are
placed in secure environments, and their wellbeing regularly monitored.

 Protection measure be put in place for women and children who have no option but to work as
prostitutes

 Protection measures be put in place for women in same sex relationships.

 A uniform legal registration processes be developed and implemented for children born to both
registered and unregistered refugees

Domestic and Family Violence

Domestic violence and marital rape is one of the major risk factors identified by refugee women’s
organisations in urban areas.

“People get poorer and poorer, women have to earn money outside and men get angry because they
want the women to be at home.” [Refugee Woman]

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 “Sometimes it is because they have no way out, they get angry, they
don’t know what to do and they hit their children and hit their wives.

[Refugee woman]

…There is one woman who is orphaned and she married, her husband only has
a father, no mother. Her father-in-law uses drugs like liquor. The father-in-law
abused and raped her. She told her husband and her husband is afraid to tell
others because he is afraid of his father…” [worker in refugee CBO]

In each of the cases shared the risks for women and girls are
compounded by community attitudes and a lack of legal
status, just and effective legal mechanisms, access to
dignified economic opportunities, and confidential referral
systems between UNHCR and Implementing Partners. The
lack of confidentiality was a major concern in all sites. Fear
of shame and stigma often keep women silent about their
experiences of marital rape and domestic violence.
Community based women’s groups are often also at risk
from the perpetrators of domestic violence if they are
known to have provided shelter.

Recommendations:

 Community based training and projects be introduced to explore a community based response to
violence against women.

 Measures be put in place by UNHCR and designated implementing partners to respond to victims of
sexual and family violence.

 GBV programs include men as participants, as role models for other men, and as agents of change.

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3. Lack of Safe Spaces for Women and Children at Risk

Women and men in all sites consulted requested safe houses for women and children at risk. They made
strong connections between protection from further violence and secure shelter. They reported that when
communities attempt to establish Safe Houses, they
are often targeted by local police and forced to
constantly move from one space to another. They
experience problems maintaining security and
confidentiality. There is little donor support for safe
spaces, even though it is well documented that having
survived one experience of SGBV creates a climate of
vulnerability to future occurrences. If women have left
abusive situations, but are still registered with their
husband, they face difficulty accessing resources for
their food and non-food items from UNHCR and
partners agencies. Safe Houses need access to some
resources to support these women and children.

Care has to be taken when establishing safe houses, to ensure that women are not effectively locked up for
their own safety. If this happens they suffer twice for being the victim of a crime.

Recommendations:

 Establish safe houses where women and children identified as at risk can stay while determination
processes are undertaken and other protection measures are determined. Utilize local, existing
facilities when possible to build capacity and include vulnerable women and children from host
communities.

 The UNHCR Heightened Risk Identification Tool be used to determine the level of risk for each
individual and as a basis for access to a safe house.

 Safe houses must be fully secure and properly resourced. The balance must be maintained between
security measures, freedom of movement and protection needs.

 Safe houses must be accessible for unregistered refugees, who are often the most vulnerable because
of their lack of legal status.

 They must be available to refugee women and children with physical and mental disabilities, who are
often targeted for SGBV.

16
 4. Lack of Access to Legal Protection

One of the major risk factors identified for women and girls in Urban refuge sites is the almost complete lack
of access to just and effective legal processes for cases of rape and sexual and gender based violence.
Although it is claimed that the refugee communities are entitled to seek the protection of the host legal
system, in practice prosecutions of the perpetrators of rape, murder and other violent acts are rare. One of the
major reasons for this is the lack legal documentation, lack of safe places for women to live and lack of access
to livelihood while the legal prosecution process is pursued. Local police are often unsupportive and afraid to
take action against powerful figures and institutions in their own communities.

Recommendations:

Develop linkages with host country lawyers and community based groups to provide legal
assistance for surviviros of SGBV.
 Document SGBV occurrences and develop systematic responses to increase community level
protection.
 Document extent of trafficking and the role and function of “labour recruiters” by UNHCR or an
implementing partner.

 Provide training to local police, military and other authorities on the rights of refugees, and on
women’s and refugee rights.

 Develop Women’s Legal clinics in each major urban refugee site.

 Support women who wish to pursue the prosecution of perpetrators, including appropriate legal
support witness protection.

Examples of best practice in this area can be found at:

 Women’s legal clinic such as that supported by UNHCR New Delhi

5. Access to Resettlement for women and girls at risk

Lack of access to resettlement opportunities is seen as major problem for victims of rape and sexual abuse, in
particular widows and single women. The communities in all sites felt that Women at Risk should be identified
as a matter of urgency and resettled before they suffer further harm and abuse. Often this avenue is not open
to them. Access to UNHCR is difficult, if not impossible, and the assessment system is seen to be unfair and
often discriminatory. There is a culture of distrust in UNHCR offices, and many times women and girls were
told that they were making up stories of rape just to be considered for resettlement. Interviewers are not
skilled in discussing sensitive issues. Often male interviewers are assigned to cases of rape. Frequently women
felt that local staff was judgmental and discriminatory. For many reasons, often the incorrect or incomplete
information was collected during interviews and refugees feel that their opportunities for resettlement were
severely prejudiced. There are also major problems with interpreters in all sites. These problems range from
interpreters not being fluent in the dialects of the refugees, interpreters not giving correct interpretations, and
interpreters being biased against certain refugees. There was also misinformation in all sites about what

17
 information should be given to UNHCR and refugees at times had no idea what the interpreters were actually
saying. If the interpreters give incorrect information and the refugee is interviewed a second time with
another interpreter, they will be accused of lying. These problems particularly impact on the protection of
woman and children at risk, who need access to the most accurate and sensitive interview possible.

Recommendations:

 Resettlement should be offered as a solution if there is no other local protection option available.

 Resettlement options must be prioritised for women at risk

 Local staff must receive training about SGBV, local risks and the conditions of the refugees with
whom they work

 Local staff must receive training in appropriate interview techniques with woman and girls who
may be at risk

 Interpreters must be fully screened and well-trained and their ongoing performance monitored to
ensure that they are both suitable and ethical in their work.

3. EDUCATION

[Corresponds to section I of the UNHCR Policy on Refugee Protection and Solutions in Urban Areas]

“In a family of 4, 1 child goes to school [usually the eldest boy]…some children go to park & pluck leaves
which people eat and they sell, when they get older if they don’t go to school future is hopeless”
[Refugee Woman]

One of the most powerful desires for many refugee

families is to gain better and more secure futures for
their children. All communities see education as the
key to this dream, and yet access to education for
refugee children in urban areas is extremely difficult.
Many refugee parents are well educated and aspire to
a good standard of education for their children. They
become frustrated when their children either have no
access to schools, or can only access inadequate
government school systems in host countries. They
are upset when their children are educated in a
language which will not be useful to them if they
repatriate or resettle. They are angry when their children are discriminated against or beaten by local
teachers. Some children refuse to attend school because of this harassment. The result is that children are
not receiving a rounded education and many are illiterate. For a variety for reasons there is little or no access

18
to higher education, which causes great anguish to parents who have children with the potential to study at a
higher level.

Parents find themselves under enormous financial pressure and are often unable to pay school fees. The
education allowance paid by some UNHCR offices is insufficient for all but the most basic schooling needs.
There were many reports of teachers humiliating children because of parent’s inability to pay the fees and
provide the full uniform and books for their children. If parents complain to UNHCR or implementing partners,
they are told that they cannot expect more than the local children have access to, and that they are ungrateful
for what is provide for them. Most teachers have no understanding of the refugee experience, and the impact
which this has on the ability of children to learn. This can include long periods with no access to education due
to conflict, flight and refugee status, living in crowded accommodation, having to work as a family bread
winner and at times caring for sick or traumatised parents. The outcomes of these problems are illiteracy and
limited capacity to function in the community.

“Our children are often mocked, humiliated and beaten at school by their teachers and then sent away
because we do not have the money to pay the fees.” [Refugee Woman]

Without education there are limited work

opportunitiesand refugee youth are relegated to
the lowest paid positions with few prospects of ever
advancing. The communities identified that people
with low levels of education sometimes have a lack
of understanding and a limited capacity to fight for
their human rights and those of their children,
which puts them at a further disadvantage. There
was a strong perception that consideration for third
country resettlement is negatively affected by lack
of educational attainment.

While these problems are common to all refugee

children, girls suffer from an additional layer of discrimination. When families have limited finances,
preference is often given to male children to attend school. Many girls are denied educational opportunities
and this has serious consequences for their futures. Some male teachers have suggested that girls give sex
instead of fees. Uneducated girls are sometimes forced into early marriage with older men, where there is
inequality in relationships. Women and children without education are often forced into unsafe work
environments, including survival sex. They also may experience limited participation in community and family
decisions.

“We were told by the men that we could not sit on the Community Committee because we were
illiterate. They said that even if UNHCR made them let us join, we could not vote because we could not
read and write” [Refugee Woman]

19
In every site, children expressed the desire to go to school. Going to school is a normalising experience for
children, which, if there is a good school
environment, can help them to feel part of
the host community. Many adults also feel
the need for ongoing education to ensure
that they could take meaningful roles While
limited, in some sites, INGOs and NGOs are
providing some adult community education,
in particular in computer literacy and
vocational training. When this occurs, it is
very well received and it is reported that in
places where this is linked to actual
employment opportunities, it can have an
immediate impact on the emotional, social
and financial wellbeing of the participants.

Recommendations:

 UNHCR and Implementing partners, working with host governments, establish strategies and
programs within government schools to take into account the specific needs of refugee children,
such as language skills, and missed educational opportunities.

 Training is provided to school staff and management to increase understanding of the possible
challenges faced by refugee youth.

 Training be given to school teachers about the rights of the child, in particular the rights of refugee
girls not to suffer rape and sexual abuse from people in power.

 Steps be taken to ensure that schools are safe and that those who harass and sexually abuse
refugee boys and girls be prosecuted.

In urban areas it is vital to using international donor funding to strengthen existing educational
capacity and not to create parallel structures. The humanitarian community’s efforts should focus
on ensuring access to existing systems for all refugees including those with disabilities and special
needs.
 Donor governments be encouraged to provide funding to ensure the education of all refugee
children.

 Educational allowances paid by UNHCR be sufficient to enable all children in a family to attend
school

 Community education strategies be introduced to encourage the education of girl children.

20
  Child and adult education should be structured towards successful outcomes when accessing a
durable solution. Special measures must be taken to ensure that girls and women are included.

 INGOs and NGOs should, whenever possible, introduce adult education course linked to viable job
opportunities in the community in which the refugees live and be equally suitable and available for
women and men.

4. HEALTH

[Corresponds to section I of the UNHCR Policy on Refugee Protection and Solutions in Urban Areas]

Lack of access to adequate health service provision is

another cross cutting theme in the provision of protection
in urban refugee sites. Women reported low health status
and decreased life expectancy because of unsanitary living
conditions and insufficient food, causing malnutrition and
health deficiencies and increased vulnerability to
preventable diseases and illness. Children suffered stunted
growth, resulting in long-term complications. Their
refugee status, in particular unregistered refugees, limits
access to health services.

“Many people are suffering from malnutrition due to lack

of good food, their bodies are thin and bloated, their skin
wrinkled, and many including children are having problems
with their eye sight.” [Refugee Woman]

Private medical services and medicines are too expensive:

“a pregnant women had to have a caesarean has to pay 13,000 and women who didn’t pay money, they
wouldn’t do the operation until they had the money and the women die waiting for the money to be
raised. Sometimes just the women die and the children live and sometimes both mother and child die”
[Refugee Woman]

There were many reports of discrimination by local doctors, who place refugees at the end of long queues.
Often people wait all day in the street to see a doctor and then are told to come back the next day. There
were several reports of refugee women giving birth in the streets while in these queues. Maternity wards
have up to three women per bed, and many hospitals do not serve food. While this is also true for local
populations, lack of livelihoods and work permits make it extremely difficult for many refugees to afford to do
this. Hospitals are usually far from where the refugees live, involving expensive journeys. The medicines
distributed are often out of date, or inappropriate, and at times refugees cannot read the labels, either
because they are pre-literate, or because they are in a foreign language.

21
Many refugees are suffering from conflict and flight
related trauma, and this is made worse by conditions in
urban areas. Mental health issues include depression and
suicide and attempted suicide. Many women cannot
work as they are caring for sick family members and
children’s educational ability and school attendance is
affected. Many children are the sole care providers for
sick adults causing isolation and loneliness.

Women reported experiencing lack of interest in normal

sexual activity due to illness, leading to marital rape and
domestic abuse. Increased drug and alcohol abuse are reported to be much higher than in their previous lives,
and there are very few services for refugees with a disability. Health conditions affect refugee’s ability to
access livelihood and employment. They have to go into debt in order to obtain essential medication.

“People are dying because we cannot access health services. If there is an emergency we have to go to
the hospital but if we do not have the money to pay we are sent away.” [Refugee Woman]

Specific to women and girls are complications in female menstrual cycles and in pregnancies due to lack of
adequate diet, stress and lack of sanitation. Safe abortion, even for women who are pregnant from rape is
seldom available and reproductive health services are scarce.

“One young woman who got pregnant and went to the clinic for an abortion was sent away by the
doctor – he told her that she had got pregnant just to get money from UNHCR and should be ashamed.”
[Refugee Woman]

Due to the number of women and girls forced to engage in survival sex, there is an increase in cases of sexually
transmitted diseases, including HIV/AIDS and hepatitis. There are few services for women, and they face
additional discrimination from the community and service providers. Poor health status also decreases
possibility for resettlement, as resettlement countries often have strict health criteria.

Recommendations:

 Given the critical importance of good health status and access to medical services for women and
children in urban refugee sites, UNHCR and INGOs must prioritise access to services for this
population as matter of urgency.

 Ensure that health services include access to reproductive health services including for men and
adolescents.

 Support existing health services instead of establishing parallel systems and programs.

22
  If refugees have to travel long distances for medical treatment or to care for relatives, safe and
affordable means of transport must be provided for them, given that women and girls are often
harassed on local transport and many refugees cannot afford even modest bus fares.

 Training be provided to refugees and CBOs in the provision of paramedical services and resources
made available to them to take this role.

 Training be provided to refugees and CBOs to provide psycho social support to people suffering
from trauma, victims of sexual abuse and people suffering from depression and other mental
illnesses.

5. LIVELIHOODS

[Corresponds to section H of the UNHCR Policy on Refugee Protection and Solutions in Urban Areas]

“Because of the phasing out of the Subsistence Allowance many are not having sufficient food to eat and
also with the landlord they cannot pay the rent on time”

The link between livelihoods and protection is well documented and livelihood issues for women have been
recently flagged as a key issue by UNHCR, launching a new initiative called ‘Women Leading for Livelihoods’
(WLL). The work of Dale Buscher and the Women’s Refugee Commission is also groundbreaking in this area
and provides positive models for the future. It is therefore not surprising that livelihoods and access to income
security is a key issue for all of the refugees who attended consultations. Particularly for women, access to
livelihoods is the best protection they can have against sexual and gender based violence and can assist them
to provide adequate protection for their children. However it is also equally important that men can access
livelihoods. This is also beneficial for women and children, as it can lessen the responsibility placed on the
women to be the breadwinner in the family.

In urban areas, refugees often compete for work in environments where unemployment is high and there are
few economic opportunities – even for host country nationals. When coupled with language and cultural
differences, discrimination and the lack of legal status and work permits, refugees are left in an extremely
vulnerable position – one that is ripe for exploitation and abuse. In these settings, the priority has to be on
securing legal status and the right to work for refugees and then designing interventions that provide safe,
dignified, market-driven opportunities for both refugees and vulnerable host country nationals.

“Sometimes they have to be sex workers and also sometimes they do things that people don’t want to
do, and work on crushing rocks on the roads. And sometimes illegal things, (such as) drugs and alcohol.”
[Refugee Woman]

It is important to note that access to paid employment does not cover the social security needs of all refugees.
Some are unable to work, often work is not available, and refugees should not be forced to work in conditions
that are both dangerous and exploitative. Provision has to be made so that all refugees in urban areas can
fulfill their need for livelihoods and social security with dignity and in safety. While a good goal to aim for, self-
reliance will never be possible for all refugees.

23
 “It is a type of torture, sometimes we are sad,
sometimes we are angry, sometimes we get scolding.
We are just like putting in jail, like in a cell…..Sometimes
we feel like committing suicide, it’s because of the
difficulties in our country we can’t even think of our
own education, our own brighter future, we are
struggling for our own survival.” [Refugee Woman]

“They used to get abused by rape and exploitation

working in the homes and because women have no
right to business they are forced to do this work at risk.”
[Refugee Woman]

“When the girls say no, when they are being touched,
harassed, employers say ‘you are Burmese, how can
you say no?’ or say they are kidding, it is no big deal”
[Refugee Woman]

Key challenges and barriers discussed by the groups in terms of lack access to livelihoods were the lack of
labour rights and permits to work in host countries. This was exacerbated by the usually long delay in the
processing of UNHCR refugee status applications, during which time newly arrived refugees have no access to
financial support. Even when financial assistance is available, it is often inadequate and is paid for only limited
periods. Additionally, UNHCR financial support policies are confusing and subject to change which makes it
impossible to maintain families. There are delays and problems with UNHCR recognising wives and children of
refugee men, and men and women who are over 50 who are not well enough to work and are too old to find
jobs are unable to survive except on the charity of other refugees.

“And there is an old women

she is sitting with no food, and
she has to work even though
she is very old. They are
working even when they are
80.” [Refugee Woman]

24
 “Many people are suffering from malnutrition due to lack of good food, their bodies are thin and
bloated, their skin wrinkled, and many including children are having problems with their eye
sight.”[Refugee woman]

Women may be forced to collect spoiled food from the ground at the markets at night; many have no
alternative to survival sex:

“The women have to go to the market at night to get the spoilt vegetables. The women are sexually
harassed at the market. They ask the stallholders for the spoiled vegetables – but the stallholders just
laugh and throw the vegetables to the animals and crows, so people are fighting with the animals for
food.” [Refugee Woman]

Facing a lack of safe employment opportunities, refugees are forced to take dangerous and undesirable jobs.
They face discrimination in the workplace by employers who provide unequal pay and conditions in
comparison with local employees and make unreliable and inconsistent wage payments. Refugees are often
forced to pay bribes in order to gain employment, or to stop employers or work colleagues from reporting
their illegal status.

“Once a year the police come round to all the

factories (because these refugees are the easiest to
find) and arrest the refugees. They are taken back to
the police station and sent back to the border. At
the police station they separate women and men.
They then call the women in individually and say “if
you sleep with us we will let you go back to the
factory.” Some women do this because they have no
choice, most of the women who are arrested are
forced to sleep with the police officers, and others
bribe the police by paying thousands of rupees.”
[Refugee Woman]

25
Women are paid significantly less than men and for this reason are often employed ahead of their husbands,
placing the often culturally new burden of breadwinner on their shoulders. This double burden means the
woman has to work outside to get money and has to work at home to look after and feed the family. In
addition, in many urban areas it is easier for the women to find jobs than the men as most jobs in the informal
sector are as domestic workers, cleaners, child care providers, and cooks. However, these positions offer few
protections and there are many examples of discrimination in the workplace and women and girls face
continues sexual harassment and rape.

“If women are sexually harassed they have

nowhere to report it to, because our
existence itself is illegal.” [Refugee Woman]

Children are forced to work in dangerous conditions for long hours causing them to miss schooling. Families
may be forced to separate to find work. There can be conflict with landlords due to inability to meet rent
payments. This leads to a loss of dignity and low social status and extreme poverty. It is a serious failure of
international protection.

Many of the problems in obtaining secure safe and sustainable livelihoods are linked to the lack of the right to
work in host countries. However, some preliminary studies have shown that if refugees were legally absorbed
into the labour market, paying for business licenses and tax, their labour could have significant advantages for
the host government. They often do contribute both legally as consumers, and sometimes illegally, as
employees and business owners to the local economy in the areas in which they live, and the benefits of this
participation could be enhanced to spur further economic development in impoverished urban settlements.

Recommendations:

 Host Governments grant work permits to registered refugees.

 UNHCR and its donors recognize that some refugees in urban centres will require long-term social
welfare support – just as do vulnerable host community members.

 UNHCR’s implementing partners in urban areas must include those with strong economic program
experience. Economic interventions must be based on market opportunities and should include
vulnerable host community members as a means of enhancing host government support and
mitigating discrimination and misunderstanding between the host and refugee communities.

26
  Skills training programs should be offered to both refugees and host community members and
should build the quality of the labour supply to meet labour market demand. These programs
should be careful not to perpetuate gender stereotypes but should promote access and inclusion in
non-traditional occupations for women as those traditionally male fields are generally higher
paying and afford greater status.

 Urban refugees’ skills and experiences should be assessed and capitalized on. Many refugee
women and men have expertise and training in areas that could benefit the communities where
they reside.

 Women and children at risk be identified, and income security made available to ensure that they
do not have to engage in dangerous and insecure employment in order to survive.

 UNHCR and INGO’s conduct research which examines the cost and benefit to host governments of
hosting refugee populations, with a focus on the potential benefits of granting work rights to
refugee populations.

 Subsistence allowance and other forms of material aid be made available to refugees while waiting
registration

 Subsistence allowance be sufficient to cover all basic needs and continue until genuinely viable
alternatives are found

 UNHCR and INGOs continue to focus on creating sustainable livelihood opportunities for women
and men, but ensure the long term viability and security of employment that before subsistence
allowance is cut

6. SHELTER

[Corresponds to section g and j of the UNHCR Policy on Refugee Protection and Solutions in Urban Areas]

Lack of safe secure and affordable accommodation was

one of the major problems facing refugee communities in
all sites. Refugees reported that up to 20 people may live
in tiny slum rooms. The limited sleeping space on the
floor is shared through a roster system. There is limited
or no provision of electricity, gas, sewage, sanitation,
water and a lack of adequate cooking and food storage
facilities. Refugees suffer from health problems and
illness due to lack of sanitation and overcrowding.

27
 “we live in overcrowded, airless single rooms. there is no fresh water, no kitchen and many people share one
toilet.” [Refugee Woman]

The lack of affordable and suitable accommodation can leave many refugees homeless. Single young men and
women, often under the age of 18, are forced to share cramped accommodation and women are frequently
raped.

“The widow and two daughters had to share a

room with another family because they had no
money. The landlord took her daughter when
his wife was out. He raped her and beat her
and hid her in the bathroom but the mother
found her. They all had to run from the house
and had nowhere to go” [Refugee Woman]

Refugees face difficulty gaining accommodation without references or a secure source of income and receive
limited or no assistance in finding and maintaining accommodation.

“One man died in March 2006, aged 39. He had two children, and the same day he died the landlord
chased the wife out because he did not think she could pay the rent. The children could not go to school.
They prepare snacks and sell house to house.” [Refugee Woman]

There are major problems with landlords

who exploit the refugees, especially if they
are not registered. Evictions are common,
and refugees have little or no recourse
against discrimination from the landlords.

“we have to hide our shoes because if the

landlord sees many shoes outside, he will
know how many people are living in and will
kick us all out.” [Refugee Woman]

28
Refugees reported discrimination, rape and harassment from landlords and local communities, who act with
impunity, knowing that the police will not act on behalf of the refugees.

The impact of the lack of accommodation is devastating for the women and their families. Overcrowding leads
to a lack of privacy, with several families often sharing one small room. This leads to a loss of dignity,
especially for women and girls. Relationships can break down and children are severely affected. Refugees
reported many mental health issues because of the living conditions they were forced to endure.

“Even in the camp we had a tent for the family” [Refugee Woman]

“I sometimes think I was better in the jungle – I could toilet without being seen, I could hide under a bush
when men came looking for girls. Here there is nowhere to hide – but there was no food and no work in
the jungle” [Refugee Woman]

Recommendations:

 Recognising the critical importance of shelter to the protection of women and children, as a matter
of urgency, UNHCR and INGO’s investigate ways of providing safe, secure and affordable
accommodation for refugees in urban settings

 UNHCR INGOs and NGOs work with CBO’s to negotiate with landlords, both to secure
accommodation and to mediate disputes about conditions, rents and procedures for maintenance
and evictions

 Emergency accommodation be provided for women and children at risk and for other vulnerable
groups

 The need for accommodation be linked to the provision of social security through either
subsistence allowance or livelihood opportunities

CONCLUSION

At times, culture is evoked as an argument against perceived ‘western’ models of service provision in refugee
sites. This is particularly pertinent in relation to services targeting women and children, especially those from
traditionally strong patriarchal societies. The recommendations in this report come from refugee communities
themselves. They, more than academics and western services providers, know the reality of their lives. They
realise that to survive they have to be part of the modern world. Culture is not static, it is a fluid concept and
rules and norms change in all societies over time. The refugee experience changes culture, often brutally and
rapidly, and refugee communities struggle to maintain their former cultures. Some claim that after 20 years in
exile, their predominant culture is that of “refugee”. Women and men are forced into new and unfamiliar roles

29
and both need to re-negotiate a new private and a cultural space. In some cases opportunistic community
leaders evoke old cultural practice to assert and maintain power in new situations.

The refugee who participated in the consultations which inform this report all articulated the need for men
and women, boys and girls to have access to all of their rights in order for their communities to survive. In all
cases this included examining and adapting previous cultural practice. Without this, the refugee experience
will become a form of culture genocide.

It is critical that appropriate and effective services be provided in urban refugee sites to address the protection
needs of all women and children, their families and communities.

A fully referenced version of this paper, with accompanying theoretical analysis will be available on
www.crr.unsw.edu.au in December.

30
Appendix 1: Paragraphs of the UNHCR Policy on Refugee Protection and Solutions
in Urban Areas

I. Introduction: Securing the rights of urban refugees:

5. Today, however, large numbers of refugee women, children and older people are also to be found in
urban areas, particularly in those countries where there are no camps. They are often confronted with a
range of protection risks: the threat of arrest and detention, refoulement, harassment, exploitation,
discrimination, inadequate and overcrowded shelter, as well as vulnerability to sexual and gender-based
violence (SGBV), HIV-AIDS, human smuggling and trafficking.

III: Respecting key principles: Age, Gender and Diversity:

35. The work of the Office in urban areas will be based on the principles of Age, Gender and Diversity
Mainstreaming (AGDM). This approach recognizes that the different groups to be found within any refugee
population have varying interests, needs, capacities and vulnerabilities, and seeks to ensure that these are
taken into full account in the design of UNHCR programmes. The Office will consequently strive to map and
respond to the specific situation of groups such as women, children, older persons, unaccompanied and
separated minors, as well as ethnic minorities.

36. In urban settings, the AGDM approach may have some specific characteristics and implications. For
example, while young refugee men are not normally considered to be particularly vulnerable, those who
work illegally and in the informal sector of cities and towns may be at particular risk of detention,
deportation, exploitative and hazardous employment. Refugee women and girls may also be threatened if
steps are not taken to address the diminished role and self-esteem of men when they lose their role as
family breadwinner

IV: Implementing comprehensive protection strategies:

a) Providing reception facilities

48. Second, UNHCR will provide appropriate facilities in the waiting rooms and reception areas that are
established in urban areas. Such facilities will include access to clean drinking water and bathrooms,
adequate shade or heat, and special facilities for people with disabilities and women, especially pregnant
and lactating mothers. UNHCR will engage with UNICEF in the establishment of child-friendly spaces in
reception areas.

b) Undertaking registration and data collection

55. Non-assisted refugees remain of concern to UNHCR, and may well encounter difficulties in relation to
their protection and solutions. In view of this fact, the Office will support the registration and collection of
data on all urban refugees, and strive to disaggregate that data in accordance with AGDM principles. Legal
and social counselling and the services of trained interpreters will to the extent possible be available to
refugees and asylum seekers at the point of registration.

31
c) Ensuring that refugees are document

66. Children born to refugees and asylum seekers will be registered and provided with individual identity
documents, either by the authorities or by the Office. UNHCR will also strive to ensure that persons of
concern are issued with marriage and death certificates, as well as documentary proof of any qualifications
they gain.

e) Reaching out to the community

81. UNHCR will make particular efforts to reach out and respond to the needs of refugee women and girls,
especially those who are destitute and who may resort to survival sex and other negative coping
mechanisms. Programmes that are designed to offer women and girls constructive and productive
alternatives to such mechanisms will be formulated, drawing on effective practices in past and current
operations.

82. The Office will also take steps to prevent and respond to gender-based violence and human trafficking.
Action will be taken to ensure that victims and potential victims of such crimes can report on them in full
confidentiality and safeguard their identity. Those people will be protected from reprisals and receive
appropriate clinical and counselling support.

83. In the urban context, special efforts are also required to identify unaccompanied and separated minors,
who run the risk of becoming ‘street children’ and subjected to exploitation and abuse. In order to locate
and protect these children, UNHCR will work closely with national child protection agencies, as well as UN
agencies, NGOs and civil society organizations that work in the area of child protection. All of UNHCR’s
work in this area will be guided by the principle of the ‘best interest’ of the child.

i) Ensuring access to healthcare, education and other services

115. Given the need to prioritize its efforts and allocation of resources, UNHCR will focus on the provision
of services to those refugees and asylum seekers whose needs are most acute. While these priorities will
vary from city to city, they will usually include:

 safeguarding the well-being of pregnant and lactating women, children under five, unaccompanied
and separated children, older people and those who are seriously ill, including those with HIV and
TB;

 providing care and counselling to people with specific needs, especially people with disabilities,
those who are traumatized or mentally ill, victims of torture and SGBV, as well as those with
complex diseases requiring specialized care; and,

 ensuring that children receive primary school education, as well as identifying and supporting those
who are unaccompanied, separated or otherwise at risk.

j) Meeting Material Needs

130. UNHCR is fully aware that the minimization and premature termination of the assistance it provides to
urban refugees may be contrary to the organization’s commitment to the principles of AGDM. As one
UNHCR report has pointed out, “ensuring the healthy development of children and assisting refugee

32
women engaged in building the future of their family must mean a level of engagement which goes some
way beyond providing the minimum level of support for the shortest possible time.”5 This observation will
be taken into full account in the implementation of UNHCR’s urban refugee policy, drawing on the
specialized expertise of UNICEF and other relevant agencies.

Conclusion

There are 7 paragraphs specifically addressing women and children, while a further 4 paragraphs
address gender related issues. In total, there are only 11 out of 159 paragraphs of the policy that
make mention of women and children or gender related issues.

33
Appendix 2: Urban Refugee Policy Gender Analysis

Section of the Relevant UNHCR Implementation of Policy:

UNHCR policy: document:
a) Providing Executive Committee “(b) Recommends that the reception of asylum-
Reception Conclusion No. 93 seekers should be guided by the following general
facilities (LIII)2002: considerations:
‘Conclusion on reception
of asylum- seekers in the iii) Gender and age-sensitivity should be reflected
context of individual in reception arrangements, these should address
asylum systems’ in particular the educational, psychological,
recreational and other special needs of children,
especially unaccompanied and separated children.
They should also take into account the specific
needs of victims of sexual abuse and exploitation,
of trauma and torture, as well as of other
vulnerable groups;

v) For the purpose, inter alia, of protection against

refoulement, as well as access to reception
arrangements, both male and female asylum-
seekers should be registered and be issued
appropriate documentation reflecting their status
as asylum-seeker, which should remain valid until
the final decision is taken on the asylum
application”
‘ Procedural Standards Unit 3, pg 2: "Reception procedures should
for Refugee Status include measures to identify promptly asylum
Determination under seekers who may have special protection or
UNHCR’s Mandate’, assistance needs, and to refer them for
2005, Unit 3-23 appropriate support in the RSD procedures or
other available assistance as required"

Unit 3, pg. 22 ‘Applicants who may be vulnerable

or have special needs:
 Victims of torture and persons suffering
from trauma
 Women with special needs
Unit 3, pg. 23 ‘ Women who are victims of sexual
or domestic violence and women who may be at
risk in the host country because of cultural,
domestic, social or economic conditions, should
be promptly referred to counseling with a
qualified female UNHCR staff member or
implementing partner. UNHCR staff or
implementing partners who provide counseling to
women should have knowledge of UNHCR RSD
procedures and should be trained in interviewing

34
 and assisting women with special needs.
Counsellors should also be knowledgeable about
available resources in the host community for
appropriate medical treatment, psychological
counseling, and social and legal supports to which
women may be referred’

Executive Committee [Preamble] Recognizing that, while women and

Conclusion on Women girls may be exposed to certain risks, such as
and Girls at Risk No. trafficking, in any location, the different nature of
105 (LVII) - 2006 camp and urban environments can expose women
and girls to different protection risks and that in
camps, for example, their freedom of movement
and capacity to earn a livelihood may be more
restricted and they may be more exposed there to
sexual and gender-based violence (SGBV),
whereas in urban situations, they may be less able
to exercise their rights effectively, to access
protection and services or reach UNHCR or
implementing partner offices,

b) Undertaking UNHCR Handbook for “Challenges and obstacles related to ensuring

registration the Protection of women and girls have access to registration and
and data Women and Girls identity documentation are discussed further
collection (2008) Section 4.2.1, below and include:
pg. 112 • practice of registering only the “head of the
family”;
• registering female asylum-seekers in urban
areas;
• risk of exclusion of refugee girls from the
registration process;
• difficulties refugee girls face obtaining birth
registration documentation;
• difficulties older women face obtaining identity
documentation; and
• internally displaced women and girls who
encounter obstacles obtaining
government-issued documentation in their own
names”

Challenge: Registering only the head of the family:

the “head of the family” – usually the eldest male.
This has meant that female family members have
too often been interviewed for registration as part
of a “case” and not individually heard. There is
then no space for them to express their specific
needs, especially when it comes to SGBV
(including domestic violence), exploitation and
abuse. This creates a host of protection problems

35
for women and girls. It means that refugee
women, especially those separated from their
husbands, who
are not registered and/or have no individual
identity documents, are either dependent on male
family members for access to food, assistance or
essential services or have no such access. They are
therefore unable, for instance, to seek support for
their children or to claim or inherit property when
they return home.

Challenge: Reaching female asylum-seekers in

urban areas: In urban areas, asylum-seeking and
refugee women and girls may be virtually
imprisoned indoors by male family members or
exploitative employers and so cannot come to
UNHCR offices. If we do not find ways to
reach, register, and document them, they are
likely to be at risk of abuse and, where they are
able to go out, to be arrested, detained, and/or
deported because they do not have
documentation.

Challenge: Girls’ exclusion from registration

process: Asylum-seeking and refugee girls may be
at risk of being excluded from the registration
process because
• parents or caretakers do not want to register
girls to avoid interference when marrying them at
a young age for dowries;
• adults do not want to declare girls who are
separated from their parents or normal caretakers
and are living with them, working as unpaid
servants;
• registration is organized in such a way that it is
impossible to bring all children to the registration
centre and parents leave girls (or older women) at
home to take care of infants, cook or look after
family belongings; and
• fear that registration may be linked with sexual
exploitation. Girls who are not registered are at
greater risk of sexual exploitation, early and
forced marriage, slavery, trafficking, permanent
separation from their
families, unauthorized and illicit adoption, and
other human rights abuses.”

p.115: How to Respond:

Actions to strengthen the protection of women

36
and girls through registration or profiling include
actions to:
• ensure registration and profiling data are
disaggregated by sex and age;
• ensure registration on an individual and ongoing
basis for refugees, recognizing the need to protect
the confidential nature of personal data;
• ensure all adult members of a refugee
household are registered and given
documentation to avoid problems resulting from
registration of only male heads of household;
• ensure all groups with specific needs are
registered and that individuals in these groups are
given documentation, including
− unaccompanied and separated refugee girls,
− lone and/or older women − girl-headed and
grandmother-headed households, and
− women and girls with disabilities;
• ensure that, in operations where proGres is
used, the specific needs of every individual are
registered to facilitate the identification of those
at heightened risk and regular monitoring of their
individual situation;
• build contacts with local displaced communities,
including schools, religious organizations and IDP
associations, to locate women, girls, men and boys
living in urban environments as a first step to
registering them;
• organize regular visits by registration teams in
detention centres where persons of concern may
otherwise risk deportation;
• establish protection monitoring systems to help
identify refugees and internally displaced persons
at risk, including women and girls;
• work through an individual case management
system, as outlined in chapter 3, section 3, to
review responses to the situation of all individuals
at heightened risk; and
• strengthen protection monitoring of individuals,
including by working with the community and
monitoring of access to, and enjoyment of,
protection, assistance and services by women and
girls.”

Recommendation: UNHCR should operate a

mobile office in situations of large urban refugee
clusters to assits women unable to reach UNHCR
offices. Precedent to this has been set in Ecuador
and Columbia: (HPWG, pg 116) “The UNHCR Office

37
 in Colombia initiated a project in 2000 in
partnership with the National Registry Office to
register and provide identity documents to the
many Colombians, who were internally displaced
or at risk of displacement
and who did not have documents, whether
because they had never had them or because they
had lost them during flight. The initiative targeted
in particular women, children, indigenous, afro-
Colombians and those in
remote rural areas. Without documents, they face
serious protection problems, including
• when armed groups demand their identity
documents at check points, since these groups
may presume that undocumented individuals
belong to another armed group and may kill them;
and
• because identity documents are required to
access vital State services such as health and
education.
Under the joint project with the National Registry
Office, documentation campaigns are carried out
in areas where many people are internally
displaced and where they may be at risk of
displacement. Mobile Registry Office units go to
the areas concerned to issue the population with
documentation. The unit is connected by satellite
to the national Registry Office databases and is
equipped to print identity documents on the spot.
The exercise has provided grandmothers with
documentation for the first
time in their lives, allowed mothers to access
reproductive health care, and has meant that girls
have been able to go to school
Executive Committee Preventive strategies:
Conclusion on Women (i) Identification, assessment and monitoring of
and Girls at Risk No. risks faced by women and girls in the wider
105 (LVII) - 2006 protection environment are to be strengthened by
partnerships and actions to:
i) provide disaggregated data by sex and age;
ensure registration on an individual and ongoing
basis for refugees, recognizing the need to protect
the confidential nature of personal data, and
promote mechanisms to identify the internally
displaced; strengthen protection monitoring of
individuals by working with the community;
monitor access to and enjoyment of protection,
assistance and services by women and girls;
ii) incorporate gender issues into early warning

38
 mechanisms, alerts and contingency plans,
conduct a rapid situation analysis at the start of a
new emergency and integrate gender-based risk
analysis into inter-agency assessments

‘Handbook for Pg. 158; 17.2.1 Household representatives (heads

Registration: of household)
Procedures and “In general, both a female and a male
Standards for representative rather than a simple head of
Registration, Population household should be identified. These are the
Data Management and persons in the household or family who are
Documentation’, 2003 acknowledged as the representatives of the
household or family by the other members.
Relationships within the household or family are
then designated in relation to one of these
persons. The use of the term ‘household
representative’ is a change from the practice in
many locations. The role of women within the
household or family has particular importance to
UNHCR for protection and assistance reasons;
hence UNHCR’s insistence on designating joint
representatives. The term “head-of-household”
assumes that most households are family
households (i.e., that the persons within the
household are related by blood), and that one
person has primary authority and responsibility
for household affairs and is its chief economic
support. However, spouses are
increasingly considered equal in household
authority and responsibility and often share
economic support of the household. Even in
countries where the traditional head-of-
household concept is still relevant, women who
serve in this role are often not recognized as such
and have difficulties accessing resources,
protection and legal representation as a result. For
these reasons, UNHCR has
adopted the use of the term “household
representative” when working with registration
information. Normally the two household
representatives are the male head of household
and his spouse. However, this is not always the
case, and interviewing staff should be aware of
other possibilities within the community. There
may be only one household representative in
some households, such
as some single-parent families and female-headed
households. If the wife had died or is no longer
part of the family, an eldest daughter or sister

39
 may fulfill the role of the female household
representative, and should be designated as such.
Be sure to refer child-headed households to
proper care and attention. These households
tend to be particularly vulnerable and should be
treated accordingly. By definition, the children in
such household are unaccompanied children and
should be designated as such and referred to
appropriate services. When conducting
registration for refugee status determination,
collect as much information about family
members as possible from each individual
registering. The designation of family
representatives is still needed, but must be done
in a way that preserves and protects the right of
each applicant to make an independent claim to
refugee status.”
c) Ensuring Statelessness – An The Statelessness-Analytical Framework for
that refugees Analytical Framework Prevention tool cab be used to identify and
are for Prevention, analyse how the country is responding to
documented Reduction and Statelessness in order to reduce the incidence of
Protection, UNHCR stateless refugees in urban contexts.
(2008) Particular emphasis should be on the following
issues:
1. Safeguards for children of Stateless
parents
2. The ability of women to pass on their
citizenship to children born both in and
out of wedlock
3. Women who lose their nationality upon
divorce of a foreign national or marriage
to a foreign national
4. Women who lose their nationality upon
the death of their foreign national spouse

UNHCR Handbook for Pg. 185 Some of the challenges women and girls
the Protection of face in securing and/or keeping their nationality,
Women and Girls even in situations of displacement and/or return
(2008) – 5.2.1 as well as more generally include:
Nationality • discrimination against girls and women in regard
to birth registration and
issuance of personal identity documents;
• renunciation or loss of nationality upon marrying
nationals of another country;
• delays obtaining their husband’s nationality; and
• inability to pass on their nationality to their
children and associated custody issues in the
event of divorce.

40
Pg. 189; ‘How to Respond’
Coordinate:
• Coordinate with the national office or ministry
for gender, women, and family affairs, relevant
UN agencies, NGOs, including women’s rights
organizations, and the displaced/returnee
community involved.
• UNICEF is a particularly important partner when
it comes to registration and certification of births,
since it has an important role to play in promoting
this and supporting governments in establishing a
birth registration programme for the general
population. (See field practice example relating to
Papua New Guinea in chapter 4, section 2.2.)

Assess, analyse and design:

• Work with relevant ministries and other
partners to identify discriminatory provisions in
legislation relating to civil status and nationality
and establish safeguards to prevent statelessness
in cases of change of nationality.
• Work with partners to identify particular groups
that are at risk of becoming stateless or are at risk
because they do not have a nationality.
• Undertake participatory assessments with
stateless women and girls to identify and analyse
the particular protection risks they face.
• Work with partners to establish programmes
e.g. for the registration of births of refugee
children born in exile and to address the causes
and consequences of women’s and girls’
statelessness.

Intervene to protect:
• Intervene with the authorities in individual cases
to persuade them to grant nationality to girls and
boys born on their territory who would otherwise
be stateless.
• Intervene with national authorities to grant
residence (and readmission if necessary) of
stateless women and girls who have a genuine and
effective link with a country so that such
individuals have somewhere to reside and are not
at risk of refoulement.
• Intervene with national authorities to ensure
stateless women and girls can gain a nationality
and are able to enjoy resulting rights.

Strengthen protection capacity of national bodies:

41
• Work with relevant ministries and other
partners to
− analyse nationality laws and revise such
legislation if it provides for automatic loss of
citizenship when women or men marry non-
nationals;
− ensure that the restoration of nationality is
facilitated or even automatic when someone has
lost his/her nationality because of a change in
his/her marital or other status; and
− ensure that women, as well as men, can pass on
their nationality to their children, regardless of
whether the latter were born in or out of wedlock.
• Advocate at high levels within UNHCR and with
relevant ministries to persuade parliaments to
revise discriminatory laws and to enact and/or
enforce legislation that guarantees the equality of
women and men in relation to nationality.
• Train government officials to raise their
awareness of State obligations regarding
nationality and of problems that arise e.g. if
women cannot pass on nationality to their
children or lose their own nationality upon
marriage.

Strengthen community capacity to support

solutions:
• Use training sessions, communication networks
and school classes to raise the awareness of
women, girls, men, and boys about the equal
rights of women and men in relation to civil
status, including nationality.
• Help empower women and girls to exercise and
enjoy their rights in relation to civil status and
family relations, including by improving birth
registration, access to documentation and
participation in citizenship campaigns.
• Provide information on the consequences of
marriage where women may be at risk of losing
their nationality.

Monitor, report and evaluate:

• Evaluate whether all relevant individuals have
been included in
programmes to identify stateless persons.
• Ensure birth registration programmes facilitate
registration of all children on the territory on an
on-going basis.
• Monitor and report on women’s and girls’ access

42
 to, and inclusion in, citizenship campaigns.
Executive Committee (j) ensure the individual documentation of refugee
Conclusion on Women women and separated and unaccompanied
and Girls at Risk No. refugee girls and register births, marriages and
105 (LVII) - 2006 divorces in a timely manner

d) Determining Executive Committee Solutions:

Refugee Status Conclusion on Women (k) The empowerment of displaced women and
and Girls at Risk No. girls is to be enhanced including by partnerships
105 (LVII) - 2006 and actions to:
i. strengthen women's leadership, including
by enhancing their representation and
meaningful participation in displaced
community and camp management
committees, in decision making, and in
dispute resolution systems, by enhancing
their access to and control over services
and resources, promoting their rights and
leadership skills and supporting
implementation of UNHCR's Five
Commitments to Refugee Women;
ii. strengthen women's and girls' capacities,
including by enabling their access to
quality education, including secondary
education, in safe school environments
and by enhancing food security, livelihood
opportunities, freedom of movement and
economic independence, including where
appropriate through access to labour
markets; and
iii. work with the displaced community,
including men and boys, to rebuild family
and community support systems
undermined by conflict and flight and to
raise awareness of the rights of women
and girls and understanding of gender
roles.

(n) Ensuring early identification and immediate

response involves partnerships and actions to:
i. establish mechanisms, based on an
analysis of the risk factors outlined above,
to identify individual women and girls at
risk, determine and implement
appropriate immediate responses and
subsequent solutions;
ii. provide women and girls at risk with
information, counselling, medical and
psychosocial care, as well as access to safe

43
 houses if they face domestic violence and
abuse or attack by other members of the
community, especially where there are no
mechanisms to remove perpetrators;
provide emergency voluntary relocation,
e.g. to another town or camp, or
emergency resettlement;
iii. determine the best interests of girls at
risk, provide alternative accommodation,
physical protection and interim foster care
as required, as well as initiate family
tracing and ensure family unity wherever
possible and in their best interests; and
iv. ensure that refugee status determination
procedures provide female asylum-
seekers with effective access to gender-
sensitive procedures and recognize that
gender-related forms of persecution in
the context of Article 1A (2) of the 1951
Convention relating to the Status of
Refugees may constitute grounds for
refugee status.
e) Reaching Executive Committee “(i) Identification, assessment and monitoring of
out to the Conclusion on Women risks faced by women and girls in the wider
community and Girls at Risk No. protection environment are to be strengthened by
105 (LVII) - 2006 partnerships and actions to:
iii) mobilize women, men, girls and boys of all ages
and diverse backgrounds as equal partners
together with all relevant actors in participatory
assessments to ensure their protection concerns,
priorities, capacities and proposed solutions are
understood and form the basis of protection
strategies and solutions;
iv) mainstream age, gender and diversity analysis
into all programmes, policies and operations to
ensure all can benefit equally from activities and
inequality is not perpetuated;”

44
Sexual and Gender- Pg 44: “Include the Community when Planning,
Based Violence against Designing and Implementing Activities:
Refugees, Returnees Programmes to prevent sexual and gender-based
and Internally Displaced violence will only be successful when the
Persons: Guidelines for community is actively involved in all stages of their
Prevention and development, from identifying and discussing the
Response, 2003 problem at the outset, to monitoring and
evaluating activities designed to prevent such
violence.”
Pg.45: “You may need to adapt prevention
strategies somewhat so they are effective when
working with returnee populations and urban
caseloads. Unlike camp-based populations, which
are restricted to a limited space, returnees are
often dispersed within the community.

To be sure these populations are protected

against sexual and gender-based violence:
 Mobilise women from returnee and urban
caseloads to form associations and
support networks that can play a lead role
in prevention activities.
 Target prevention programmes not only at
returning refugees but also at leaders and
community representatives residing in
areas to which refugees are returning.
 Convene awareness raising and rights
awareness training on preventing sexual
and gender-based violence to build the
capacity of established local organisations
and associations in the returnee areas.

Pg 54: “[Acknowledged that] When

refugees/returnees
are dispersed in urban settings, a greater number
of actors may be needed to organise appropriate
response packages.
Summary of Response Actions
 develop community education and
awareness activities
 train actors in how to respond to
victims’/survivors’ needs
 establish referral, reporting, monitoring
and evaluation mechanisms
 empower refugee communities to
respond
 develop a response to the health/medical
needs of victims/survivors
 plan to meet the psycho-social needs of

45
 victims/survivors
 ensure a security and safety response
 establish a legal/justice response
 identify the roles of other potential actors
 develop a plan to work with perpetrators”

f) fostering Sexual and Gender- Pg 36: “Strengthen Community Networks

constructive Based Violence against The refugee community should play a significant
relations with Refugees, Returnees role in designing, implementing and evaluating
urban and Internally Displaced strategies to prevent sexual and gender-based
refugees Persons: Guidelines for violence. Humanitarian actors should work with
Prevention and different sectors of the refugee community –
Response, 2003 women’s groups, youth groups, health workers,
teachers, refugee leaders etc. – to identify
volunteers from the community who will help run
these activities. Efforts should be made to ensure
a gender balance in the recruitment of community
volunteers. These individuals can work as
community/peer educators, counselors, and,
together, as crisis intervention teams.”

Pg. 87 “Framework for Action: The programmes to

prevent and respond to sexual and gender-based
violence that are most successful are those that
have been designed through consultations with
the refugee community, and that are based on
multi-sectoral and inter-agency collaboration. To
design effective programmes, the team needs to
develop a common action plan.”

46
 Pg. 88 “Key actors will likely include
representatives from at least the following:
 Refugee leaders, both male and female.
 Refugee women’s and youth groups.
 Refugee groups and individuals who are
influential in the community
 (e.g. members of religious or traditional
organisations, educators or other
professionals).
 Representatives from the host
communities.
 Host government authorities from:
refugee liaison/oversight, police and
security forces, court and criminal justice
system, ministries of health, social
services, women, family, and child
welfare.
 Health care providers.
 Community services agencies.
 Counselling groups, crisis centre
personnel.
 National and international partner NGOs,
including camp management personnel.
 National lawyers knowledgeable about
laws related to sexual and gender-based
violence in the country.
 UNHCR head of office and field staff,
protection, community services, security,
and programme officers/assistants.
 UN agencies.
g) Maintaining
Security
h) promoting Sexual and Gender- Pg. 38: “You can begin to change women’s roles in
livelihoods and Based Violence against society and women’s perceptions of themselves
self-reliance Refugees, Returnees by offering activities that promote their
and Internally Displaced independence and economic self-reliance and
Persons: Guidelines for their leadership and decision-making abilities.
Prevention and These activities can include:
Response, 2003  Offering literacy programmes.
 Providing vocational training.
 Developing income generating and micro-
credit projects.
 Ensuring balanced representation of women
on refugee management and assistance
delivery committees.
 Applying a gender balanced approach when
providing employment opportunities to
refugees.

47
  Providing equal access to education for
refugee girls.
 Supporting women’s groups and associations.
 Offering leadership training.
Executive Committee (o) Developing medium-term responses for
Conclusion on Women individuals includes partnerships and actions to:
and Girls at Risk No. iii) strengthen identified individuals' access to
105 (LVII) - 2006 education, vocational training and recreational
programmes with childcare and promote
community-based livelihood strategies which
target women and girls at risk, especially in
prolonged displacement situations.”
UNHCR Handbook for Pg. 307, 5.7.1 Livelihoods and food security
the Protection of Summary of Challenges: Women and children are
Women and Girls the most at risk when they have no livelihood
(2008) opportunities. Some of the specific challenges
faced by displaced and
refugee women and girls in their attempts to
secure livelihoods include:
• lack of access to physical assets;
• cultural and behavioural norms;
• physical security risks when collecting firewood,
including for income;
• unsuitable environments for cultivation near
camps;
• movement restrictions in refugee camps;
• engagement in negative coping mechanisms in
order to survive;
• obstacles to finding employment; and
• risk of exploitation while generating income in
camps and urban settings.

Challenge: Access to physical assets: Refugees and

displaced persons, particularly women, do not
own or have access to assets such as land, farm
implements, fishing boats and nets, livestock or
credit facilities. Their assets are human.”

Challenge: Physical Security: As already noted in

section 3.1.1 of this chapter on SGBV challenges,
the collection of firewood and water is a survival
strategy that frequently puts women and girls at
risk of sexual assault and rape. In internal
displacement and returnee situations, there is the
added risk that women and children may look for
firewood or water in mined areas. The need to
collect firewood and water is, in addition, directly
and indirectly
related to numerous protection concerns. It often

48
means, for instance, that women and children
have no time for education, skills training, income
generating activities or participation in leadership
and decision-making bodies. Firewood may not
only be collected for household use, which may be
limited, women and girls may need to gather it to
sell in local markets for cash so that they can buy
other necessary household items, like food,
sanitary materials, clothing, and toiletries.

Pg. 311 “How to Respond:

Coordinate Phase:
 Identify local partners and authorities who
could be stakeholders in economic activities,
including local NGOs involved in micro-credit
projects and women’s associations able to
provide skills training.
 Involve women from displaced and returnee
communities, as well as local communities in
developing plans and mechanisms to address
potential disputes about property, land,
custom, and culture so that obstacles to
women’s ability to seek livelihoods and food
security are removed.

Assess, Analyse and Design Phase:

 Assess markets so that existing skills within
the displaced community can be matched to
labour needs in the camp or surrounding area
and so that targeted livelihood strategies can
be designed.
 Consult the community, including women and
girls, to ensure the design of livelihood
programmes reflects their concerns, at the
same time working also to ensure that these
programmes do not automatically reinforce
traditional gender roles.
 Design comprehensive skills training
programmes for women, including pre-
counselling, apprenticeship, job placement,
and micro-finance, so that skills training does
not only raise expectations but is also more
likely to lead to job placements. Provide
guidance on how to invest remittances and
income and diversify economic activities and
risks.

Intervention and Protection Phase:

49
 Since women often play multiple roles, do not
overburden them with the responsibility for
developing time-consuming or costly business
ideas. Be sensitive about the specific needs of
women, such as for day care centres and
women’s organizations.
 Strengthen women's and girls' capacities,
including by enhancing food security,
livelihood opportunities, freedom of
movement and economic independence,
including through access to labour markets;
 Ensure sufficient basic assistance, especially to
women and girls at heightened risk.

Strengthening National Capacity Phase:

 Support government reviews of laws, policies
and regulations relating to refugee
employment, taxation, movement, access to
markets, legal support etc., in order to identify
opportunities to strengthen livelihood
opportunities and secure tangible benefits for
refugees and asylum-seekers.
 Examine, for instance, whether refugees are
granted legal rights to work on an employed
basis and whether refugees are discriminated
against by potential employers.
 Work with governments to persuade them to
give asylum-seekers permission to work and
allow them freedom of movement, on the
basis of international human rights standards,
 Build host country capacity and strengthen
regional and local institutions to support
community development and provide services
for both host and refugee/internally displaced
populations.

Strengthening community capacity to support

solutions:
 Promote community-based livelihood
strategies that target women and girls at risk
so they can take care of themselves and their
families and as a prelude to solutions,
especially in prolonged displacement
situations.
 Promote women’s access to skills training,
including in literacy/numeracy, credit and
employment opportunities, to job placements,
agricultural, and income-generating projects
and microfinance institutions, focusing

50
 specific activities on women, such as business
skills training courses for women only.
 Reduce the risk of friction within the family or
community by raising awareness of the
positive aspects of women’s
entrepreneurship. Work in particular with
male community members to enhance their
understanding of the benefits derived from
women being self-reliant and help them
appreciate and support women’s
entrepreneurial activities.
 Work with grassroots women’s organizations
to strengthen the coping skills of displaced
and returnee women, upgrade their livelihood
skills, and encourage their participation in
decision-making.
 Before launching large-scale micro-credit
schemes, promote land-based agricultural
activities and introduce diversification with
small-scale home- based enterprises, such as
rearing poultry and small animals, that
provide not only additional income but also
nutritional supplements.
 Support education for girls, including
leadership training for adolescents, so that
they can aspire to better work and
employment.
 Build on positive traditional and community
mechanisms, such as common property
resources and customary rights for the poor.
 Include agricultural tools for women in non-
food item (NFI) distribution
i) ensure Executive Committee j) Secure environments are to be established and
access to Conclusion on Women strengthened, including by partnerships and
healthcare, and Girls at Risk No. actions to:
education and 105 (LVII) - 2006
other services i) prevent and respond to SGBV in accordance
with international standards set out in UNHCR and
other relevant guidelines,1 including through
provision of quality health services to address the
specific needs of women and girls at risk;

Convention on the States have a responsibility to “take all

Elimination of all forms appropriate measures to eliminate discrimination
of Discrimination against women in the field of health care in order
Against Women to ensure, on a basis of equality of men and
(CEDAW, 1979), Article women, access to health care services, including
12. those related to family planning”

51
UNHCR Handbook for Pg 285
the Protection of “Lack of sanitary material undermines their
Women and Girls opportunity to participate in community activities,
(2008) registration, food distribution, training
programmes, and employment opportunities.
When menstruating, they may be forced to
remain in their homes all day and only creep out
at night to wash their clothes so as not to be seen.
In order to obtain money to buy sanitary
materials, some women and girls resort to survival
sex, putting them at risk of HIV, pregnancy, and
exclusion from their communities.

Strategies for Implementation 5.5.2 Reproductive

health

 Analyse with women and young adolescent

girls the challenges they face in exercising
their rights to reproductive health and
accessing the services they consider
important.
 Work with men and boys to analyse their
perspectives on these issues.
 Work with government and NGO partners, as
well as the displaced community, to raise
awareness of sexual and reproductive health
rights and how they can be incorporated into
protection and programme strategies.
 Design health programmes based on a full
analysis with partners, especially women and
men, and agree on an implementation
strategy.
 Examine where necessary the possibility of
engaging alternative counterparts, when
partners’ do not feel able to support the
implementation of certain aspects of sexual
and reproductive health care from a rights-
based perspective and highlight UNHCR’s role
in upholding women’s and girls’ rights to
health and reproductive health.
 Establish a reproductive-health focal point at
the beginning of an emergency in order to
ensure that reproductive health issues are
addressed and that the
 Minimum Initial Service Package (MISP) can be
implemented.

Ensure reproductive health interventions are

guided by the following principles:

52
  women’s and girls rights and needs,
 community participation,
 quality of care,
 skilled personnel
 integration of services,
 access to services,
 information, education, and communication
activities,
 advocacy for reproductive health, and
 coordination among relief agencies.
 Offer reproductive health care in the early
emergency phase of a displacement
situation by implementing the MISP and
increase this to provide comprehensive
services as soon as the situation allows.
 Ensure women and girls at risk can access
support, such as medical and psycho-
social care, to facilitate their recovery and
integration, whether this be in the context
of local integration, return, resettlement
or other humanitarian programmes.
 Provide culturally appropriate sanitary
packs to all women and girls from at least
13 to 49 years of age, based on
discussions with them.
 Make sanitary materials and separate
washroom facilities available for girls in
schools.
j) Meeting Rights of Refugees in [page 28]
Material needs the Context of Persons requiring additional protection and rights
Integration: Legal (including against discrimination), especially
Standards and women and children, are also afforded particular
Recommendations, attention with regard to social security in
2006 international instruments such as ILO conventions,
the CRC and CEDAW.

Article 26 of the CRC for instance, requires States

Parties to recognize and to take measures to
achieve the full realization of the child’s right to
social security, in accordance with their national
law, though unfortunately no minimum standards
for such benefits are offered.

Article 11(1)(e) of CEDAW requires States to

ensure that women enjoy the same right to
(employment-related) social security as men,
especially with respect to benefits connected to
retirement, unemployment, sickness, invalidity,
old-age, and other circumstances rendering them

53
 incapable of working, as well as paid leave. Article
13 of the same Convention further endeavours to
ensure women equal rights to social security
which are not dependant on employment,
including access to family benefits, and other
types of financial assistance such as in the form of
bank loans. Under CEDAW, rural women receive
particular attention and protection against
discrimination in relation to social security
programmes available through the State. Amongst
other things, article 14(2)(c) stipulates that the
State has the obligation to ensure that rural
women “benefit directly from social security
programmes”, though these are not defined. This
provision seeks to ensure nonetheless, that social
security for rural women is at least equal to that
available to men, and sufficient to ensure
adequate living conditions.282 For its part, CERD
includes in article 5 protection from racial
discrimination in relation to economic, social and
cultural rights, and more specifically with regard
to the right to favourable conditions of work and
to social security.

UNHCR Handbook for Pg 211: Access to safe houses :

the Protection of Provide women and girls facing domestic violence
Women and Girls and abuse or attack by other members of the
(2008) community with access to safe houses, especially
if there are no mechanisms to remove
perpetrators so that they can find immediate
safety and can begin to recover from and reflect
on their ordeal before medium- and longer-term
solutions can be implemented, thereby reducing
the risk of further abuse.
Ensure that such safe housing alternatives:
 are in a confidential location to avoid stigma
and maximize security;
 provide safety and security for those living at
or managing the shelter;
 allow women and their children to be
accommodated together;
 develop plans, as soon as a survivor is
referred, for a longer-term arrangement;

Sexual and Gender- P42 Provide housing to female-headed

Based Violence against households without adult male family members.
Refugees, Returnees Be sure that essential items, such as food, water
and Internally and cooking fuel, are either given directly to
Displaced Persons: women or are distributed through women. Make

54
 Guidelines for sure that these items are easily accessible so that
Prevention and women do not have to go into isolated areas to
Response, 2003 collect them.

P58: Provide safe shelter and immediate

emergency assistance to victims/survivors.

p60: Establish “drop-in” centres where

victims/survivors can receive confidential and
compassionate care, information and counselling.
Develop women’s support groups or support
groups specifically designed for victims/survivors
of sexual violence and their families.

k) Promote Executive Committee Reaffirming that voluntary repatriation, local

durable Conclusion No. 104 on integration and resettlement are the traditional
solutions Local Integration, 2005 durable solutions, and that all remain viable and
important responses to refugee situations;
reiterating that voluntary repatriation, in safety
and dignity, where and when feasible, remains the
most preferred solution in the majority of refugee
situations; noting that a combination of solutions,
taking into account the specific circumstances of
each refugee situation, can help achieve lasting
solutions; and agreeing that local integration is a
sovereign decision and an option to be exercised
by States guided by their treaty obligations and
human rights principles, and that the provisions of
this Conclusion are for the guidance of States and
UNHCR when local integration is to be considered.

55
56