CEDAW/C/71/D/101/2016
to specifically address the issue of the Convention in its decision but failed to do so.
In addition, some members of the Board voted against the negati ve decision in the
author’s case.
4.2 On the merits, the author’s counsel objects that, even if it were to be accepted
that her story lacked credibility, the author is nonetheless a single woman from an
area in Somalia to which she can no longer return. I n addition to the persecution that
she fears from her own family, she also fears other gender-specific forms of
persecution by the male-dominated society in Somalia. The strong patriarchal society
oppresses women seeking independence with very violent methods, including honour
killings. That the author is a single woman in Europe is a clear indication that, by
fleeing alone, she has rebelled. In that connection, he refers to the judgment of the
European Court of Human Rights in R.H. v Sweden (see para. 3.11 above). He
disagrees with the State party’s argumentation thereon and notes that the Refugee
Appeals Board has not concluded that the author would be able to seek the necessary
protection from Mogadishu to travel upon her return. As the author is afraid o f her
family, however, she would be unable to secure the necessary support in question. He
further argues that the Government and AMISOM control some urban areas, but that
the roads are controlled by Al-Shabaab and criminal groups. Arguing that a male
relative would travel to Mogadishu to accompany the author suggests that the male
in question would put his own life at risk.
4.3 The author’s counsel adds that the author had been forced to marry in Somalia
but she refused to do so and fled. A widespread risk of gender-specific violence,
including female genital mutilation, forced marriage, rape and other forms of gender specific violence exists in the country. The author has described having been
subjected to gender-based violence before she left the country. She claimed clearly
that, upon return, she would be exposed to treatment contrary to the Convention. The
Refugee Appeals Board, however, made no reference to her claim about the risk of
gender-specific violence in its decision.
4.4 He maintains that articles 12 and 15 of the Convention have been violated. With
regard to article 12, he specifies that the author has already displayed burn scars and
that she fears being subjected to such treatment again, without providing further
explanation. Article 15 is said to have been violated as the author “did not get a fair
trial” and “something similar could not have happened to a man/boy in the legal
system”.
State party’s additional observations
5.1 The State party provided additional observations on 26 June 2017. It notes that
the author’s claim that she is a single woman fearing persecution by her family cannot
be considered to be new information, as she had already claimed that she was a single
woman before the Refugee Appeals Board and in her communication. Instead, the
claim shows that she disagrees with the Board’s negative decision. With reference to
the Board’s decision of 1 December 2015 and to its previous observations, the State
party points out that, as a result of the assessment made by the Board, the State party
cannot consider it to be a fact that the author will be a single woman without a male
network in Somalia, nor that the author was in conflict with her family when she left
the country.
5.2 As to the author’s counsel’s reference to R.H. v. Sweden and the argumentation
about the author’s ability to seek the assistance of her male relatives for her trip to
her home town, the State party observes that the Refugee Appeals Board made an
addition to its observations of 23 June 2016, in accordance with its usual practice.
Thus, the State party has put no interpretation on the Board ’s decision. The case law
of the European Court of Human Rights requires no male network for women in
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