Belgium: The protection provided by the authorities for Kurdish women who are threatened by members of the Kurdish community (2010-August 2013)

1.1 Treatment of Kurdish Women by Members of the Kurdish Community

In its 2010-2014 National Action Plan to End Domestic and Other Forms of Family Violence (Plan d'action national de lutte contre la violence entre partenaires et d'autres formes de violences intrafamiliales 2010-2014), the Belgian government acknowledged that [translation] "a number of tragic events have drawn attention to the matter of honour crimes and, more broadly, to so-called honour-related violence" (Belgium 23 Nov. 2010, 29). During a telephone interview with the Research Directorate, a representative of the Kurdish Institute of Brussels (Institut kurde de Bruxelles), a Belgian not-for-profit association founded in 1978 that works to help Kurds integrate into the Belgian community and to raise awareness among Belgians of the situation of Kurds (Institut kurde de Bruxelles 24 June 2007), stated that the problem of [translation] "honour crimes" exists in the Kurdish community in Belgium and that [translation] "it is a problem that exists in many conservative Kurdish families" (ibid. 8 Aug. 2013). The institute had no statistics or other information on the frequency of [translation] "honour crimes" in Belgium's Kurdish community (ibid.). In addition, the representative stated that domestic violence is not generally covered by the media (ibid.). No corroborating information and no other information on the treatment of Kurdish women by the Kurdish community in Belgium could be found among the sources consulted by the Research Directorate within the time constraints of this Response.

1.2 Treatment of Kurdish Women by Belgian Authorities

No information on the treatment of Kurdish women by Belgian authorities could be found among the sources consulted by the Research Directorate within the time constraints of this Response; however, the following information might be useful.

Sources indicate that most Kurds are Muslim (L'aménagement linguistique dans le monde n.d.; The Washington Post n.d.). Muslims in Belgium reportedly suffer discrimination (UN 21 Feb. 2011, para. 26 and 28; US 19 Apr. 2013, 16; AI 2013). Amnesty International (AI) reports that in 2012 there were cases of discrimination against Muslims, in public education and in the workplace (ibid.). Also, according to Country Reports on Human Rights Practices for 2012, published by the United States' Department of State, "Muslim women who wore headscarves faced discrimination in professional-level employment" (US 19 Apr. 2013, 16). A report by the United Nations Human Rights Council indicated that "the ban of headscarves in schools may increase the discrimination faced by girls from ethnic and religious minorities" (UN 21 Feb. 2011, para. 26). The report also stated that there had been an "increase in Islamophobic remarks and acts," including in the media, and that there was "increasingly widespread use of Islamophobic rhetoric by, among others, political parties" (ibid., para. 28).

Belgium has laws against discrimination, including discrimination based on race (Freedom House 2013; US 19 Apr. 2013, 10). However, Country Reports for 2012 states that, according to data released by the Belgian Ministry of Justice, "in 2011 the courts dismissed 61.5 percent of cases of alleged discrimination based on ethnicity or sexual orientation" (ibid.).

2. Protection Provided by the State to Kurdish Women

Little information on the protection provided by the state to Kurdish women in Belgium could be found among the sources consulted by the Research Directorate within the time constraints of this Response; however, the following information might be useful.

According to the representative of the Institut kurde de Bruxelles, the Belgian government has launched some initiatives to help women who are victims of violence, but [translation] "it is not likely that Kurdish women would ask for help because many of them view [domestic violence] as a private matter that should not be discussed" (8 Aug. 2013). The Belgian government has included [translation] "so-called honour-related violence" in its action plan and planned to conduct qualitative and quantitative research on the matter and to create a working group to look at, among other things, improving communication among the various stakeholders and identifying [translation] "the most effective ways to provide support and assistance to victims of so-called honour-related violence" (Belgium 23 Nov. 2010, 29-31). No information on the implementation of the action plan could be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The representative of the Institut kurde de Bruxelles also stated that there are shelters in Belgium for women who are victims of violence and that their locations are kept secret; he also stated that there is a help line for women who are victims of domestic violence, where they can get information on the services available to them (Institut kurde de Bruxelles 8 Aug. 2013). The Belgian government has also launched a campaign to raise women's awareness of this service (ibid.). In addition, according to Country Reports for 2012, in Belgium, "a number of government-supported shelters and telephone help lines were available across the country for victims of domestic abuse" (US 19 Apr. 2013, 11).

According to the 2012 annual report of Women Against Violence Europe (WAVE), a network of European NGOs that work to combat violence against women and children (WAVE Mar. 2013, 2), Belgium has 26 shelters with a total of about 460 places, that are predominantly funded by the state; 22 of them are in Flanders, 3 are in Wallonia, and 1 is in Brussels (ibid., 63). These shelters accommodate women survivors of all forms of violence (ibid.). According to a Human Rights Watch report on migrant women's access to protection from domestic violence in Belgium, in Flanders,

... there are seven shelters for survivors of family violence and 17 other women-only shelters. The latter accept women who escape domestic violence but also women with other socio-psychological problems and, unlike the former, do not have secret addresses, making them less suitable for domestic violence victims who can be subject to new threats and violence if an abusive partner locates them. The total capacity across both types of shelters is 318 beds for women and their dependent children (Nov. 2012, 50).

The report also states that, "there are only three specialized women's shelters for survivors of family violence, with a total capacity of 102 beds" in Wallonia and in Brussels (Nov. 2012, 51).

According to a report that presents the conclusions of a study conducted by the Université libre de Bruxelles and the Université de Gand at the request of the Federal Ministry of Internal Affairs (Service public fédéral intérieur) and the Belgian Institute for the Equality of Women and Men (Institut pour l'égalité des femmes et des hommes, IEFH) on honour-related violence in Belgium, [translation] "[u]sually, the shelters are full and there is no room for victims. It is not always clear whether there is a real lack of capacity or whether it is a case of poor coordination of existing capacity" (Université libre de Bruxelles and Université de Gand [2012], Sec. 4.2). Similarly, according to Human Rights Watch, "even though the insufficient number of shelter places is a structural problem for all abuse survivors, there are different consequences for migrant women, who are disproportionally represented in the shelters" (Nov. 2012, 51).

According to the WAVE report, there are national helplines that provide support to those in crisis, but "they are not specialized in domestic violence or violence against women" (WAVE Mar. 2013, 63). Nevertheless, each Flemish region has five toll-free helplines that provide counselling to victims of domestic violence, all run by a social services centre (ibid.). Human Rights Watch reported that the 13 regional social services centres in Flanders run the shelters and "offer services for survivors of domestic violence, including counseling, social and legal aid" (Nov. 2012, 50).

According to the representative of the Institut kurde de Bruxelles, in general, police officers are trained to refer women to social workers when they need help, but practices vary from region to region (8 Aug. 2013). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The report by the Université libre de Bruxelles and the Université de Gand noted that employees of assistance services [translation] "have little or no knowledge of honour-related violence" ([2012], Sec. 3.3). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Some sources indicate that on 20 December 2012, a court in the Belgian province of Namur convicted the parents of a woman who was murdered [the woman was Pakistani (Liberté 24 Dec. 2012)] in 2007 (US 19 Apr. 2013, 11; IEFH n.d.a). The father was sentenced to 25 years in prison; the mother, 15 years in prison (US 19 Apr. 2013, 11; IEFH n.d.a; Liberté 24 Dec. 2012). According to Country Reports 2012, the woman was murdered for having refused an arranged marriage (US 19 Apr. 2013, 11). According to the IEFH, a federal government agency that works to promote gender equality (n.d.b), the court found that the murder was premeditated and that there was [translation] "an aggravating circumstance of discrimination on the basis of gender" (n.d.a). The father was also convicted of attempting to force his daughter into an arranged marriage (Liberté 24 Dec. 2012; IEFH n.d.a).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

L'aménagement linguistique dans le monde. N.d. Jacques Leclerc, associate member at Trésor de la langue française au Québec (TLFQ), Université Laval. "Le Kurdistan." [Accessed 12 August 2013]

Amnesty International (AI). 2013. "Belgium." Amnesty International - Report 2013: The State of the World's Human Rights. [Accessed 12 August 2013]

Belgium. 23 November 2010. Plan d'action national de lutte contre la violence entre partenaires et d'autres formes de violences intrafamiliales 2010-2014. [Accessed 9 August 2013]

Freedom House. 2013. "Belgium." Freedom in the World 2013. [Accessed 12 August 2013]

Human Rights Watch. November 2012. "The Law Was Against Me": Migrant Women's Access to Protection for Family Violence in Belgium. [Accessed 8 August 2013]

Institut pour l'égalité des femmes et des hommes (IEFH). N.d.a. "Procès Sadia." [Accessed 8 August 2013]

_____. N.d.b. "L'Institut." [Accessed 9 August 2013]

Institut kurde de Bruxelles. 8 August 2013. Telephone interview with an official.

_____. 24 June 2007. "Institut kurde de Bruxelles : présentation." [Accessed 8 August 2013]

Liberté [Alger]. 24 December 2012. Arezki Mokrane. "Un crime d'honneur sanctionné par la justice belge." [Accessed 8 August 2013]

United Nations (UN). 21 February 2011. Human Rights Council. Compilation prepared by the Office of the High Commissioner for Human Rights in accordance with paragraph 15 (b) of the annex to Human Rights Council resolution 5/1: Belgium. (A/HRC/WG.6/11/BEL/2) [Accessed 12 August 2013]

United States (US). 19 April 2013. Department of State. "Belgium." Country Reports on Human Rights Practices for 2012. [Accessed 8 August 2013]

Université libre de Bruxelles and Université de Gand. [2012]. Recherche scientifique sur le phénomène des violences liées à l'honneur en Belgique. Rapport final. [Accessed 9 August 2013]

The Washington Post. N.d. "Who Are the Kurds?" [Accessed 12 August 2013]

Women Against Violence Europe (WAVE). March 2013. "Belgium." Country Report 2012: Reality Check on Data Collection and European Services for Women and Children Survivors of Violence: A Right for Protection and Support? [Accessed 8 August 2013]

Additional Sources Consulted

Oral sources: Attempts to contact representatives at the following organizations were unsuccessful: Centre de prévention des violences conjugales et familiales; Max Planck Institute for the Study of Religious and Ethnic Diversity; Service public fédéral intérieur de la Belgique; University of Leuven. Local mediation representatives of the association Bruxelles Avance Brussel Vooruit could not provide any information.

Internet sites, including: AHA Foundation; Aljazeera; Bruxelles Avance Brussel Vooruit; Centre de prévention des violences conjugales et familiales; Council of Europe - Commissioner for Human Rights; ecoi.net; European Commission; Factiva; Islamic Human Rights Commission; Kurd Net; SOS Femmes; United Nations - Office of the UN High Commissioner for Human Rights, Refworld.