Amendments Nos. 10a, 11, 11a and 12 are related and may be discussed together.
SECTION 5.
I move amendment No. 10a:
In page 6, line 26, afterr "life" to insert ", bodily integrity".
Section 5 deals with the prohibition of refoulement, which is a fundamental concept in asylum law. The section states:
"A person shall not be expelled from the State or returned in any manner whatsoever to the frontiers of territories where, in the opinion of the Minister, the life or freedom of that person would be threatened on account of his or her race, religion, nationality, . . .
I propose to protect individuals from refoulement to a country where they have a well-founded fear of violence, which falls short of fatal violence. This is in line with an earlier proposal to update the definition of a refugee, which the Minister was well-disposed to accept.
As regards "bodily integrity", I refer to the incidents regarding gender persecution, where many women refugees are threatened with sexual violence in the countries from which they are in flight. I outlined some instances earlier. The use of rape as an instrument of torture and a weapon of war has been well documented by human rights observers over the years. My amendment deals with threats to life or freedom falling short of fatal violence. In other words, women fleeing gender persecution would be fleeing from the threat of the invasion of their bodily integrity, that is, rape.
I outlined instances of the threat of forced abortion or sterilisation and I understand that in countries such as Tibet, the nuns are terrified of sexual violence. I understand that eugenics are being carried out on women in East Timor. I highlight the need for a broader definition of, and flexibility in relation to, the rights of refugees, which we are enshrining in our domestic legislation. We should broaden the concept of "life or freedom" to include "bodily integrity".
I support Deputy O' Donnell's amendment. What she said is well-founded, particularly in relation to the practices in some countries with oppressive regimes, and, perhaps, it should be expressly provided for in the section which deals with prohibition of refoulement.
We discussed amendments Nos. 11 and 12 in the name of Deputy Gilmore under section 2, and unless the Minister's says something different on this occasion, I presume the arguments on the definition included in the convention would also apply here. It may be wiser not to extend the definition in particular areas, therefore leaving it open to challenges, where, in other cases, it is not expressly included. If the Minister has a different opinion now I would like to hear it but I support Deputy O'Donnell's amendment No. 10a.
I accept the same arguments can be made on these four amendments as were made on amendments Nos. 5, 5a. and 6 when we were talking about Section 2. I will therefore give a commitment on the basis I gave one on amendments to Section 2, that between now and Report Stage we will see if it is possible to broaden the definition without making it difficult for court interpretation later.
Amendment, by leave, withdrawn.
Amendments Nos. 11, 11a. and 12, inclusive, not moved.
Section 5 agreed to.