An appellate court on Thursday granted refugee status to a Kenyan woman who fled her country to avoid marrying a man against her wishes as part of her tribe’s custom.

The Seoul High Court’s administrative division ordered the Ministry of Justice to acknowledge the 43-year-old woman, known only by her initial “M,” as a refugee since it is highly likely that she would be forced to marry a man against her will if she returns to the Luo tribe of Kenya. A local court made the same ruling last year.
“Forcing a person to have sexual intercourse and marriage against one’s will is deprivation of rights to make decisions on his/her own,” said Judge Kim Eui-hwan.

The case was filed when the ministry in 2009 rejected her refugee request.

According to the file, M fled to Korea in May 2006 when her brothers-in-law set fire to her house because she refused to marry a man they had chosen after her husband died in 2004. The authorities said, “There is no evidence that she is being persecuted in her homeland.”

In the Luo tribe, if a man dies, one of his brothers or close relatives inherits his widow and must meet all of her marital requirements. She is obliged to marry the brother-in-law or a man designated a successor. They believe those who refuse the order will be cursed to death.

Observers say the system was implemented to support poor widows or orphans but has become a means of female exploitation.

The case, if upheld by the Supreme Court, would be a milestone for women seeking freedom away from their home countries’ traditions.

According to the Justice Ministry, 386 people filed for refugee status as of June. NANCEN, a civic center for refugees, said about 30 percent of them are women. And a substantial number of them, especially those from Africa and the Middle East, came to Korea because of customs such as marriage inheritance, female circumcision, honor killings and more, it said.

Currently, chances are slim that their requests are granted.

“The government does not acknowledge the threats from non-political actions citing it to be a personal matter. The ruling is expected to inspire other judges to make similar decisions on people who are cornered in both Korea and their mother countries,” said Choi Won-geun, PR officer of NANCEN.

By Bae Ji-sook (baejisook@heraldcorp.com)