2019 RLLR 83

2019 RLLR 83 Citation: 2019 RLLR 83 Tribunal: Refugee Protection Division Date of Decision: February 5, 2019 Panel: R. Jackson Counsel for the Claimant(s): Rodney L Woolf Country: Djibouti RPD Number: TB7-05577 ATIP Number: A-2020-01459 ATIP Pages: 000020-000022 DECISION [1] MEMBER: This is the decision of [XXX], a written version will be sent to you. So, you allege you are a citizen of Djibouti and you are being forced to marry someone against your will. [2] You allege the Government of Djibouti won’t protect you and there is no safe place for you anywhere in Djibouti. [3] You provided your Djiboutian passport and we have the copy in Exhibit 1, and I accept that you are a citizen of Djibouti and I am satisfied you have established your identity. [4] Your testimony was straightforward and there were no major inconsistencies or contradictions between your testimony and that of your Basis of Claim Form. [5] Your father passed away and you testified that arranged marriages are common in Djibouti, and in this case your uncle on your father’s side has the power to determine who you will marry. Your uncle had arranged for you to marry a much older man whom you had no interest in marrying and you had a long-term boyfriend already. [6] You explained this to your uncle and he threatened you and beat you up. So, then you ran away from Djibouti rather than getting married to this older man. A letter of support from your long-term boyfriend in Djibouti was presented. [7] On a balance of probabilities, I accept that your testimony is credible and trustworthy. [8] I took notice of the Chairperson’s Guidelines for claims based on gender. Also, Item 5.3 in the National Documentation Package, which indicates that forced marriages are common practice in Djibouti. [9] You would have no or little protection from the coercion exercised by your uncle and that pressure would not stop until you agree to go through with the marriage that he arranged for you. [10] And whether this is treated as a case of domestic violence or forced marriage, the documentary evidence in Item 2.1 indicates the police will not intervene to protect you from your uncle. [11] With regard to State protection, civilian authorities maintained effective control over security forces, but there were many significant human rights issues such as interference with privacy rights; harassing, abusing and detaining government critics; restrictions on freedom of speech, assembly, association and religion. [12] There is government corruption, violence against women and children with inadequate government action for prosecution and accountability, trafficking in persons, restrictions on worker rights, and child labour. Impunity is reportedly a problem in your country. The government seldom takes steps to prosecute or punish officials who commit abuses, whether in the security services or elsewhere in the government. [13] One of the reasons that police rarely intervene in cases of domestic violence is that the culture in Djibouti is that families and clans handle cases of violence against family members. [14] Under these circumstances, it is clear that it is not reasonable for you to ask the protection of the State of Djibouti. [15] It is relatively a small country and the documentary evidence indicates that asking you to attempt to relocate within your country as a single woman with no family connections is unreasonable, and so therefore I find it is not reasonable for you to seek an internal flight alternative in your particular circumstances. [16] Having considered all the evidence, I find that you have discharged your burden of establishing that there is a serious possibility of persecution on a Convention ground if you were to return to Djibouti, and so I therefore conclude that you are a Convention refugee and the Division accepts your claim. [17] So, this hearing is now concluded. [18] Thank you all for your participation today. [19] COUNSEL: Thank you. [20] CLAIMANT: Thank you. ———- REASONS CONCLUDED ———-