Barriers to protection: gender-related persecution and asylum in South Africa
Date
2009-10-12T12:24:42Z
Authors
Middleton, Julie
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Abstract
In 1998, South Africa became the first country to explicitly state within its refugee law that gender
related persecution is a binding basis for asylum, further distinguishing South Africa as a state
with outstanding legal commitments to gender equality. Creating further visibility within the law,
however, is only one step in the process. How the law is implemented determines its real worth
and effectiveness.
This study assesses the manner in which asylum decisions are made, particularly in cases of
gendered harm, questioning readily accepted and essentialised notions of women and gender. It
looks at how the South African asylum system defines legitimate refugees, and the interplay of
fluid interpretations of gender, culture, violence and the political within these constructions.
Through interviews with officials and asylum seekers, the study identifies trends in the refugee
system, and interrogates the reliance on narrow understandings of the political and personal, as
well as the nature of conflict and culture.