CEDAW/C/73/D/86/2015
8.6 The Committee observes that, relying heavily on the author ’s credibility
assessment, the Refugee Appeals Board decided not to request verification of the
authenticity of the arrest warrant issued against her and, presuming that the document
indeed existed, to assess the risks that the author, as a woman and as a citizen of
Palestinian origin, would face if she were prosecuted for the abduction of the children.
8.7 The Committee notes the author’s contention that she has no prospect of seeking
protection from the Jordanian authorities, given their discriminatory practices and the
powerful status of her husband’s family. The Committee observes the State party’s
submission in response to that claim, in which it declared that, since the State party
authorities were unable to accept the author’s allegations as facts regarding her illtreatment throughout her marriage or the future risk of being subjected to ill treatment, the State party did not find it necessary to assess whether the Jordanian
authorities were indeed unable to ensure adequate protection for the author and her
daughters upon their return. In that regard, the Committee recalls that, in line with
paragraph 29 of its general recommendation No. 32, as a matter of international law,
the authorities of the country of origin are primarily responsible for providing
protection to the citizens, including ensuring that women enjoy their rights under the
Convention, and that it is only when such protection is not available that international
protection is invoked to protect the basic human rights that are seriously at risk. In
the present case, the Committee is of the view that the author ’s claims that she could
not seek the protection of the authorities in Jordan prior to her departure and that she
would not be able to do so upon her return should not have been rejected outright by
the State party authorities, especially taking into account the level of tolerance
towards violence against women in Jordan, in particular the persistence of so -called
“honour crimes”, despite recent legal amendments, the pattern of failure in
responding to women’s complaints of abuse and the continuous recourse of the
Jordanian authorities to the administrative detention or “protective custody” of
women and girls at risk of becoming victims of those crimes, which were reflected in
the Committee’s concluding observations on the periodic report of Jordan (ibid.,
para. 33) and the additional country information provided by the author.
8.8 The Committee also considers that the State party accorded no due weight to the
author’s vulnerable status as a Palestinian refugee, especially in the light of the
concluding observations of the Committee on the periodic report of Jordan, and other
reports, in which concern was expressed about instances of arbitrary withdrawal of
Jordanian nationality from citizens of Palestinian origin, including women (ibid.,
para. 11 (e)). The Committee underlines that the withdrawal of nation ality in the
author’s case would render her stateless and that the Committee has already expressed
its concerns about the vulnerable status of stateless women in Jordan, in particular in
relation to the gender dimension of their situation. Therefore, the C ommittee
considers that a more thorough risk assessment would have been required by the
exigencies of the case.
8.9 In view of the above findings, the Committee concludes that the State party
failed to give sufficient consideration to the real, personal a nd foreseeable risk of
serious forms of gender-based violence faced by the author and her daughters should
they be returned to Jordan.
9.
Accordingly, acting under article 7 (3) of the Optional Protocol to the
Convention, the Committee concludes that the State party has failed to fulfil its
obligations and that the deportation of the author and her daughters would amount to
a breach of articles 2 (d) (e) and (f), read in conjunction with article 1, of the
Convention, taking into consideration the Committee’s general recommendations
No. 19 and No. 35.
10.
12/13
The Committee makes the following recommendations to the State party:
19-15427