Let us protect female refugees

THE month of March marks several opportunities for reflections about the challenges relating to the realisation of social justice, human rights and equality at international and national levels, and how this deficit is widening exponentially in South Africa.

There is International Women’s Day ( March 8), and Human Rights Day in SA (March 21). There is also the shameful second anniversary of the outbreak of xenophobic assaults in Durban, and such sporadic attacks are now becoming a daily feature of the toxic culture of violence in South Africa. And most frequently women are the victims, especially refugees.

The UN defined violence against women as “any act of gender-based violence that results in, or is likely to result in physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty whether occurring in public or private life”.

Female refugees are more affected by, and are vulnerable to, violence before, during and after forced migration, than any other women’s group worldwide. During conflict, women were at risk of forced impregnation, rape, abortion, sexual slavery and trafficking. After conflict, many were subjected to domestic violence, suicide, murders, xenophobic attacks and discrimination.

Prejudiced

According to a recent study by Sinenhlanhla Memela, (formerly from UKZN, now at Rhodes), refugee women were experiencing domestic violence, verbal abuse, sexual harassment, and xenophobic attacks in South Africa. Women were also perceived to represent the permanent settling of foreigners as they give birth to babies, creating families, while men are regarded as temporary visitors. A major challenge for refugee women was to access schools for their children as administrators were prejudiced towards foreigners from Africa.

Forced migration also removes the household division of labour between a man and woman. Sometimes women and children receive more support from humanitarian aid organisations. Hence, women may be more empowered, receive training, start their own businesses or find employment.

Refugee men may spend most of their time at home and end up participating in domestic work. Hence, traditional family structures may change.

Male refugees can lose their role and status as heads of households, and may be unable to rebuild their position as self- respected decision makers. Forced migration can result in the adoption of a new style and culture, which can frustrate men and challenge their authority and traditional gender stereotypes. Men may want to reassert their authority to impose traditional cultural practices, and this can lead to an increase in domestic violence against women.

There have been many cases where women were denied refugee status, were unable to feed their families and themselves, and were exposed to sexual violence perpetrated by government officials. These crimes should be recognised as a violation of their human rights.

Female refugees were also afraid of using public space (which includes parks, recreation areas, streets and all publicly managed and owned outdoor space) because they were subject to physical attacks, verbal abuse and sexual harassment from local people on the streets, and taxi drivers and conductors. This was aggravated by the high levels of xenophobic violence in South Africa, tensions between local people and foreigners, and the knowledge that police protection was limited.

South African police stations were an area where refugees experienced the worst xenophobic behaviour. Police officers discriminated against foreigners and were not gender sensitive.

Refugee women were not taken seriously when reporting domestic violence cases, and were cynically advised by police to file cases in their “home countries”.

Because of limited police protection, female refugees tend to keep quiet about domestic violence. Police stations need to ensure that there are female police officers on every shift to attend to women, especially those who experience genderbased violence.

Female refugees also encountered discrimination and prejudice at public hospitals and clinics. They were sometimes denied services due to their nationality. For example, pregnant refugee women reported being denied access to ambulance services.

This resulted in some female refugees losing their loved ones and putting their own lives in danger.

Refugees are protected by the Refugee Act, No. 130 of 1998, which grants them rights to refugee status permits, and they are also entitled to the rights enshrined in Chapter 2 of the South African Constitution, with the exception of the right to vote.

This includes the right to: equality, human dignity, freedom and security; not being subjected to servitude, slavery and forced labour; freedom of belief and religion; freedom of expression and opinion; freedom of residence and movement; freedom of occupation, trade and profession; access to emergency and primary health care services, water, food and social security; access to primary, secondary and tertiary education; and freedom from detention and arbitrary arrest.

Trauma

However, the government has failed to progress beyond political rhetoric, and the assertion by the president and his deputy that “We are not a xenophobic country” sounds hollow.

Refugees have been a concern worldwide for many years, with considerable flows from all corners of the globe. Their challenges are aggravated in the Trump era.

South Africa has become the main destination area for refugees in Africa, due to economic and political crises, continued conflict and insecurity across the continent.

The fear of violence compounds the trauma that most female refugees experienced in their home countries. South African refugee policies and international legal instruments have failed to protect refugee women. Female refugees are an extremely vulnerable group that need special protection.