Concluding Observations on the Eighth Periodic Report of Chile

Refugee, asylum-seeking and migrant women and girls

49. The Committee notes with concern that refugee, asylum-seeking and migrant women and girls face intersecting forms of discrimination and disproportionate levels of gender-based violence in the State party, in particular in border areas, and that undocumented migrant women are exposed to a high risk of sexual exploitation and forced labour, including by human trafficking networks. The Committee also notes with concern:

(a) The significant obstacles faced by women in need of international protection, especially Venezuelan and Haitian women, in gaining access to the territory and refugee status determination procedures in the State party;

(b) The limited use of the complementary protection measures under Law No. 21,325, with restrictions on eligibility for those who applied for asylum before the promulgation of the Law;

(c) Persistent discrimination against refugee, asylum-seeking and migrant women, particularly lesbian, bisexual, transgender and intersex women and Afrodescendent women, in gaining access to education, employment, free healthcare and affordable housing;

(d) The lack of disaggregated data on the social and economic situation of asylum-seeking, refugee, migrant and stateless women and girls.

50. In accordance with its general recommendations No. 32 (2014) on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women, No. 30 (2013) on women in conflict prevention, conflict and post-conflict situations and No. 26 (2008) on women migrant workers, the Committee recommends that the State party address intersecting forms of discrimination against refugee, asylum-seeking and migrant women, protect them from gender-based violence and prosecute and adequately punish perpetrators. It further recommends that the State party:

(a) Ensure that every woman in need of international protection has access to its territory and impartial, fair and gender-responsive refugee status determination procedures;

(b) Implement and broaden the complementary protection procedure established by Law No. 21,325, ensuring it is gender-responsive, effective and accessible without unreasonable time limits, including for women who applied for asylum before the promulgation of the Law;

(c) Combat discrimination against asylum-seeking, refugee and migrant women, particularly lesbian, bisexual, transgender and intersex women and Afrodescendent women, in gaining access to education, employment, free healthcare and affordable housing;

(d) Collect and provide comprehensive disaggregated data on the social and economic situation of asylum-seeking, refugee and stateless women and girls, including their access to justice, education, employment, healthcare and housing, in the next periodic report;

(e) Consider seeking technical assistance from relevant United Nations agencies, including the Office of the United Nations High Commissioner for Refugees, in implementing these recommendations.