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International Journal of Refugee Law Advance Access originally published online on September 24, 2007
International Journal of Refugee Law 2007 19(3):471-510; doi:10.1093/ijrl/eem052
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© The Author (2007). Published by Oxford University Press. All rights reserved. For Permissions, please e-mail: journals.permissions@oxfordjournals.org

Examining Sexual Violence in the Military Within the Context of Eritrean Asylum Claims Presented in Norway

Cecilia M. Bailliet*

* Associate Professor, Department of Public & International Law, University of Oslo, Norway

Discussion of rape by soldiers as a form of persecution has largely been directed towards the context of war or actual conflict. Nevertheless, there is a need for attention to be directed towards the phenomenon of rape within the military in the post-conflict period. This article discusses asylum claims presented in Norway by Eritrean female soldiers claiming risk of persecution in the form of sexual violence, rape, or torture within the military. First, presentation is made of the history of Eritrean women's participation in the war of independence and the ensuing political and legislative gains won at the end of the war against Ethiopia. Review of Eritrea's report and responses to the Committee on the Elimination of Discrimination Against Women (CEDAW) reveal a state of backlash against women in the post-conflict period. Second, examination of how rape within the military and desertion may fall under the criteria of the definition of a refugee according the 1951 Convention on the Status of Refugees is pursued. Comparison is drawn to instances of rape of women soldiers in the US and Israel, as well as sexual violence by United Nations Mission in Ethiopia and Eritrea (UNMEE) peacekeepers, revealing common challenges affecting prevention and protection strategies. Third, a comparative review is conducted of evidentiary standards in order to highlight the importance of maintaining a flexible approach responsive to the special circumstances of sexual violence. The Norwegian practice indicated a tendency to provide protection for compassionate grounds or humanitarian protection, rather than asylum. This resulted in non-recognition of the legitimacy of claims based on gender related persecution as requiring legal protection under the 1951 Convention on the Status of Refugees.


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