DOCSLIB.ORG

Refugees, Race, and Gender: the Multiple Discrimination Against Refugee Women

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Refugees, Race, and Gender: the Multiple Discrimination Against Refugee Women Refugees, Race, and Gender: The Multiple Discrimination against Refugee Women Eileen Pittaway & Linda Bartolomei Abstract réinstallation. Se basant sur une étude de cas portant sur This paper examines the intersectionality of race and une section de la politique sur les réfugiés en Australie, il gender in refugee situations, and the multiple forms of illustre l’impacte qu’a cette discrimination sur les femmes discrimination experienced by refugee women. It explores réfugiées. La Conférence contre le racisme, qui doit se tenir the notion of racism as a root cause of refugee generation, bientôt, offrira une occasion unique à la communauté and the gendered nature of the refugee experience. The internationale de se pencher sur ce phénomène. manner in which racism and sexism intersect to compound the human rights violations that refugee women experience Introduction is explored in the treatment of sexual violence in interna- ore than per cent of the world’s refugees are tional and domestic law and policy; during armed conflict; women and their dependent children. Violence in refugee camps; in countries of first asylum; and in Magainst women is rampant during armed con- countries of resettlement. Using a case study of one strand flict. It is manifested through involuntary relocation, as of refugee policy in Australia, it illustrates the impact of forced labour, torture, summary executions of women, this discrimination on refugee women. The forthcoming forced deportation, and racist state policies denying or World Conference against Racism offers a unique opportu- limiting public representation, health care, education, nity for this phenomenon to be addressed by the interna- employment, and access to legal redress. Rape and other tional community. forms of sexual torture are now used routinely as strate- gies of war in order to shame and demoralize individuals, Résumé families, and communities. Resettlement policies actively Cet article examine la façon dont des considérations de discriminate against women on grounds of both race and race et de genre se croisent dans les situations concernant gender. The gender blindness of the Refugee Con- les réfugiés, ainsi que les multiples formes de discrimina- vention and international law and domestic policy relat- tion qui frappent les femmes réfugiées. Il explore la notion ing to refugee women has been recognized only relatively du racisme comme cause primaire pour la génération de recently within the international system. The Refu- flots de réfugiés, ainsi l’aspect relié au genre de l’expérience gee Convention does not recognize persecution based on des réfugiées. La manière dont le racisme et le sexisme grounds of gender as a claim for refugee status, nor is it s’entrecoupent pour aggraver encore plus les violations des clear that violence on grounds of gender can be consid- droits de la personne dont sont victimes les femmes réfu- ered as persecution. Rape has been recognized as a crime giées est explorée dans un nombre de contextes, dont : le against humanity, a war crime, and an act of genocide in traitement de la violence sexuelle dans les régimes de loi et the Statutes of the International Criminal Court, but to de politiques au niveaux international et domestique ; date only thirty-two of the sixty nation states needed to dans les situations de conflits armés ; dans les camps de ratify these statutes before they can become operational réfugiés ; dans les pays de premier asile et dans les pays de have done so. 21 Volume 19 Refuge Number 6 Racism as a Root Cause of Refugee Generation country, and despite the acknowledged contribution In an address to the Human Rights Commission in made by refugees to their host countries over the years. Geneva on March , , the United Nations High Commissioner for Refugees, Ruud Lubbers, stated that The Gendered Nature of the Refugee Experience “violations of human rights, racism, and xenophobia At the preparatory committee for the World Conference were to blame for the world’s growing number of up- against Racism held in Geneva in May , a paper titled rooted people.” Preparations for the World Conference “Racism, Refugees, and Multi-Ethnic States” was pre- against Racism (), to be held in Durban in Septem- sented. Prepared by five invited experts on refugee issues, ber , have provided a unique opportunity to address at least four of whom were men, the paper details the the issue of racism as one of the root causes of increased many links between refugee issues and racism. Despite refugee flows in the international public arena. The Office the fact that per cent of the world’s refugees are of the United Nations High Commissioner for Refugees women and their dependent children, not once in the () estimates that there are some million refugees twenty-seven-page document is gender mentioned. Not and an additional million internally displaced peoples once is the well-documented difference in refugee experi- across the world in more than forty countries. Most wars ence between men and women acknowledged or ad- are now intra-state rather than inter-state conflicts. Many dressed. The experience and impact of racism during of these civil wars are characterized by violence resulting armed conflict is clearly a gendered experience: the ma- from heightened ethnic tensions driven by economic jority of those who are killed or “disappeared” are men goals. These include disputes over access to natural re- and male youths. This accounts for the refugee popula- sources and land, which intersect with goals of economic tions, who in the majority are women and their depen- and ethnic supremacy, as evidenced through recent and dent children, who generally have been exposed to ongoing conflicts in Sierra Leone, Angola, Fiji, and Indo- extreme physical violence. Research has shown that the nesia. legal protections for women around the world, including There are multiple manifestations of racism in the ex- refugee women who have experienced violence, are perience of refugees and other displaced peoples. Refu- largely gender blind and do not address the reality of gees are forced to leave their country or community of women’s lives. Charlesworth and Chinkin have argued origin because of a well-founded fear of persecution for that “the very nature of international law has made deal- reasons of race, ethnicity, or nationality, religion, political ing with the structural disadvantages of sex and gender opinion, or membership of a particular social group. difficult.” Refugee women continue to be discriminated Once the conflicts that caused them to flee are declared against in situations of armed conflict, in refugee deter- over, often following the intervention of superpowers, minations, and in resettlement because of their gender. racism can preclude safe return and integration of refu- The special needs of refugee women have not been ac- gees back into the communities from which they fled. knowledged within the system except in relatively re- Despite this knowledge, repatriation is often forced on cent years. Only since the thirty-fourth session of the refugee communities by host countries and agencies General Assembly held in has there been a special unable or unwilling to sustain the financial cost of the emphasis on the urgent and particular needs of refugee refugee population. Internal armed conflict, generating women. Kourula indicates that it was not until that large numbers of internally displaced peoples, is most of- the specific needs of refugee women were included as a ten institutionalized racism and must be recognized as such. separate agenda item at ’s annual Executive Com- As the flow of uprooted peoples increases, many states mittee () meeting. In Conclusion No. are increasingly reluctant to host refugees. Narrow defini- () considered the link between the widespread na- tion and interpretations of refugees, as reflected in the ture of sexual violence perpetrated against refugee Convention and the Protocol, often leave those women and their coerced displacement. This trend to discriminated against on the grounds of minority or eth- single out the special needs of refugee women has contin- nic status unprotected. Refugees are routinely demonized ued ever since. However, “efforts to address the particular by Western countries and the media as “illegal immi- situation of refugee women have so far fallen short of the grants” and “economic migrants.” This is despite evi- adoption of any legally binding international instru- dence that the majority of people seeking asylum have a ments singling them out as a specific group.” Despite a genuine fear of persecution if returned to their home small number of judgments by refugee review tribunals 22 Refugees, Race, and Gender in resettlement countries including Canada, America, though all women are subject in some manner to dis- and Australia—which have accepted that in certain situa- crimination based on gender, this distinction is com- tions, for the purposes of the Convention, women can be pounded for some women when gender discrimination considered as a social group—there has been strong resis- “intersects” with discrimination on other grounds, which tance within the international community to accepting may include, among other things, race, class, and colour. gender-based asylum as grounds for refugee status. This notion of “intersectionality” has been defined in the There have been some advances by and in some following manner: domestic government policy towards recognizing the The idea of ‘intersectionality’
Load more

Recommended publications
  • Nutritional Situation Among Syrian Refugees Hosted in Iraq, Jordan, and Lebanon: Cross Sectional Surveys S
    Hossain et al. Conflict and Health (2016) 10:26 DOI 10.1186/s13031-016-0093-6 RESEARCH Open Access Nutritional situation among Syrian refugees hosted in Iraq, Jordan, and Lebanon: cross sectional surveys S. M. Moazzem Hossain1, Eva Leidman2*, James Kingori1, Abdullah Al Harun1 and Oleg O. Bilukha2 Abstract Background: Ongoing armed conflict in Syria has caused large scale displacement. Approximately half of the population of Syria have been displaced including the millions living as refugees in neighboring countries. We sought to assess the health and nutrition of Syrian refugees affected by the conflict. Methods: Representative cross-sectional surveys of Syrian refugees were conducted between October 2 and November 30, 2013 in Lebanon, April 12 and May 1, 2014 in Jordan, and May 20 and 31, 2013 in Iraq. Surveys in Lebanon were organized in four geographical regions (North, South, Beirut/Mount Lebanon and Bekaa). In Jordan, independent surveys assessed refugees residing in Za’atri refugee camp and refugees residing among host community nationwide. In Iraq, refugees residing in Domiz refugee camp in the Kurdistan region were assessed. Data collected on children aged 6 to 59 months included anthropometric indicators, morbidity and feeding practices. In Jordan and Lebanon, data collection also included hemoglobin concentration for children and non- pregnant women aged 15 to 49 years, anthropometric indicators for both pregnant and non-pregnant women, and household level indicators such as access to safe water and sanitation. Results: The prevalence of global acute malnutrition among children 6 to 59 months of age was less than 5 % in all samples (range 0.3–4.4 %).
    [Show full text]
  • July 15, 2020 Submitted Via
    July 15, 2020 Submitted via https://www.regulations.gov/ Re: Comments in Response to the United States Department of Homeland Security (DHS) United States Citizenship and Immigration Services (USCIS) and Department of Justice (DOJ) Office for Immigration Review (EOIR) (the Departments) Joint Notice of Executive Proposed Rulemaking (NPRM or the rule): Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review; RIN 1615-AC42 / 1125-AA94 / EOIR Docket No. 18-0002 / A.G. Order No. 4714-2020 The Tahirih Justice Center1 (Tahirih) submits the following comments to DHS USCIS and DOJ EOIR in response to the above-referenced NPRM issued by the Departments on June 15, 2020.2 Tahirih opposes the rule as both a matter of public policy and because it patently violates numerous laws, including the Immigration & Nationality Act (INA), the Administrative Procedure Act (APA), and the international obligations of the United States as a State party to the United Nations (UN) Convention Relating to the Status of Refugees and 1967 Protocol (collectively, the Convention). See generally UNHCR, The 1951 Refugee Convention.3 While we condemn the rule in its entirety, in light of our particular mission, experience, and expertise, our comments highlight the devastating impact the rule will have on a uniquely vulnerable population of asylum seekers: immigrant survivors of gender-based violence. See generally U.S. Dep’t of State, Gender and Gender-Based Violence.4 I. Introduction Tahirih is a national, nonpartisan policy and direct services organization that has answered calls for help from nearly 29,000 survivors of gender-based violence since its inception twenty-three years ago.
    [Show full text]
  • “From One Hell to Another” the Detention of Chinese Women Who
    WOMEN FOR REFUGEE WOMEN “From one hell to another” The detention of Chinese women who By Gemma Lousley, haveSamantha been Hudson trafficked to the UK and Sarah Cope Summary Since summer 2018, Women for Refugee Women has been receiving an increasing number of phone calls from women originally from China who are detained in Yarl’s Wood, many of whom are survivors of trafficking. In spite of the exploitation they have suffered, the Home Office has locked them up for months on end, and has only released them following sustained efforts by Duncan Lewis, the solicitors to which we have referred them. By reviewing the legal files of 14 of these women, it is clear that the Home Office is deliberately refusing to protect them, and is knowingly inflicting further harm and trauma on them. The case against detention has been made time and again. The Home Office has made promises of reform by introducing an “Adults at Risk” policy, which states that people who are vulnerable, including survivors of gender-based violence and trafficking, should not be detained. It has also repeatedly promised to help and support survivors of trafficking.1 But we show here that despite this, vulnerable women are still routinely being locked up and harmed by detention. The UK government needs to end its use of detention, and resolve people’s immigration cases in the community. Contents About Women for Refugee Introduction 3 Women Background to our research 4 Women for Refugee Women supports women Women from China in detention 4 who are seeking asylum in the UK and The cases in this research 4 challenges the injustices they face.
    [Show full text]
  • Aftermath: Women in Postgenocide Rwanda
    Aftermath: Women in Postgenocide Rwanda By Catharine Newbury Hannah Baldwin Working Paper No. 303 July 2000 Center for Development Information and Evaluation U.S. Agency for International Development Washington Contents Preface iii 1. Introduction 1 Country Context and the Nature and History of the Conflict ..................................................... 1 Present Situation ...................................................................................................................... 2 2. Genocide and Rwandan Women 3 Effects of the Conflict on Women ............................................................................................. 3 Destruction of Trust ........................................................................................................... 3 Sexual Violence and Social Stigma ...................................................................................... 4 Expanded Family Responsibilities ....................................................................................... 5 New Political Roles and Responsibilities ............................................................................. 6 Woman-Headed Households ..................................................................................................... 6 Gender Issues and Challenges ................................................................................................... 8 Prevalence of Poverty ......................................................................................................... 9 Education
    [Show full text]
  • Health Care of Refugee Women Series
    CLINICAL PRACTICE Refugee health Health care of refugee women series BACKGROUND Women refugees have endured major discrimination and poverty in their countries of origin or countries of displacement. This has had a major impact on their physical and psychological health. The experience of resettlement places a further burden on their health. Daniela Costa OBJECTIVE MBBS, FRACGP, FPFA, is senior This article aims to provide a simple approach to the health assessment and management of women refugees, taking medical practitioner, Womens into account specific issues related to migration and resettlement. Health Statewide, North Adelaide, and visiting senior DISCUSSION medical practitioner, Migrant Because of the complexities of their realities related to gender, social and economic status, and premigration and Health Service, Adelaide, resettlement experiences, women refugees need a multiplicity of health interventions. The identification of the major South Australia. danielac@ physical and psychological health issues with consideration of gender issues and premigration and resettlement chariot.net.au experiences, represents more adequate basis for the assessment and management of the health care of women refugees. The complex experiences of women refugees in their Health issues – physical countries of origin and in refugee settings have a • Chronic diseases including diabetes, hypertension major impact on their health. In recent years, primary and heart disease health care services in Australia and other countries of • Infectious and parasitic
    [Show full text]
  • Immigrant, Refugee and Internally Displaced Women and U.S. Policy
    Immigrant, Refugee and Internally Displaced Women and U.S. Policy omen and children currently constitute more than 80 percent of the 40 million The internationally refugees and internally displaced persons worldwide.1 The United States assists accepted defi nition refugees through overseas assistance (the largest contributor to humanitar- Wian and refugee assistance globally) and U.S. refugee resettlement and asylum.2 In 2004, of a refugee, which Congress gave the State Department Bureau of Population, Refugees and Migration (PRM) has been adopted $800 million for regular and emergency refugee assistance. The majority of these funds support the work of the United Nations High Commissioner for Refugees and nongovern- by the United mental relief organizations, while a smaller portion supports internally displaced persons States, does not through the U.S. Agency for International Development (USAID).3 explicitly recognize While considerable provisions are made by the U.S. for refugee and internally displaced gender and age as populations, the unique experiences of female refugees, the most vulnerable, is often overlooked or ignored in policy, funding and services. Refugee and internally displaced grounds for refugee women living in refugee camps worldwide must provide for their children in an at- protection, making mosphere in which their security is threatened and the likelihood of sexual violence is heightened, and they are often discriminated against for access to food, shelter, health, the presentation education, and training. of claims based Within the U.S., immigration laws of the 1990s signifi cantly undermined asylum oppor- on such issues tunities for refugee women and since September 2001, procedures for immigration have become even more stringent.5 In 2004, 53,000 refugees were admitted into the U.S.
    [Show full text]
  • Refugee Council the Vulnerable Women's Project
    Refugee Council The Vulnerable Women’s Project Refugee and Asylum Seeking Women Affected by Rape or Sexual Violence Literature Review February 2009 Refugee Council The Vulnerable Women’s Project Refugee and Asylum Seeking Women Affected by Rape or Sexual Violence Literature Review February 2009 Acknowledgements Thanks go to Sarah Cutler, Gemma Juma, Nancy Kelley and Richard Williams (consultant), as well as Elena Hage and Andy Keefe from the Vulnerable Women’s Project, for their contributions to this report. We are grateful to Comic Relief for funding the Vulnerable Women’s Project and the publication of this literature review. 2 Refugee Council report 2009 Contents Executive Summary 4 Chapter One – Introduction 8 Chapter Two – The Refugee Council’s vulnerable women’s project 9 Chapter Three – Definitions 11 Chapter Four – How many refugee women are affected by rape, sexual assault or sexual exploitation? 13 Chapter Five – Sexual violence and exploitation in the UK 26 Chapter Six – Access to Justice 34 Chapter Seven – Access to health care 52 Chapter Eight – Conclusion 54 Bibliography 55 Appendix 1 62 The Vulnerable Women’s Project 3 Executive Summary Refugee women are more affected by violence form of violence in their lifetime – sexual assault, against women than any other women’s population stalking, or domestic violence. Although in most in the world and all refugee women are at risk of cases the perpetrator is an intimate partner, 20% – rape or other forms of sexual violence. Sexual 40% of women have experienced sexual assault by violence is regarded the UN as one of the worst men other than partners in their adult lifetime.
    [Show full text]
  • Barriers and Opportunities to Refugee Women Engaging in the Digital Economy in Jordan and Lebanon
    Barriers and Opportunities to Refugee Women Engaging in the Digital Economy in Jordan and Lebanon Final Report IN PARTNERSHIP WITH For the best reading experience, the authors of this report recommend selecting ‘Two Page Scrolling’, ‘Show Cover Page in Two Page View’ from the Page Display menu under the View heading located at the top left of the main menu. © International Finance Corporation 2021. All rights reserved. 2121 Pennsylvania Avenue, N.W. Washington, D.C. 20433 Internet: www.ifc.org The material in this work is copyrighted. Copying and/or transmitting portions or all of this work without permission may be a violation of applicable law. IFC encourages dissemination of its work and will normally grant permission to reproduce portions of the work promptly, and when the reproduction is for educational and non-commercial purposes, without a fee, subject to such attributions and notices as we may reasonably require. IFC does not guarantee the accuracy, reliability or completeness of the content included in this work, or for the conclusions or judgments described herein, and accepts no responsibility or liability for any omissions or errors (including, without limitation, typographical errors and technical errors) in the content whatsoever or for reliance thereon. The boundaries, colors, denominations, and other information shown on any map in this work do not imply any judgment on the part of The World Bank concerning the legal status of any territory or the endorsement or acceptance of such boundaries. The findings, interpretations, and conclusions expressed in this volume do not necessarily reflect the views of the Executive Directors of The World Bank or the governments they represent.
    [Show full text]
  • Alumni Profile Ossai Miazad American University Washington College of Law
    Human Rights Brief Volume 9 | Issue 1 Article 11 2001 Alumni Profile Ossai Miazad American University Washington College of Law Follow this and additional works at: http://digitalcommons.wcl.american.edu/hrbrief Part of the Biography Commons Recommended Citation Miazad, Ossai. "Alumni Profile." Human Rights Brief 9, no. 1 (2001): 33. This Column is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in Human Rights Brief by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. Miazad: Alumni Profile alumni profile by Ossai Miazad* ing human rights abuses. Since its establishment in 1996, the Center has offered legal counseling to an estimated uman rights, civil rights, and social change were the 1200 women and has litigated 300 cases. “The need is issues that motivated Layli Miller to enroll in the overwhelming and we want to be better equipped,” Miller Hjoint JD-Masters in International Relations pro- remarks, noting that in addition to its current caseload, the gram at American University. It was through her experi- Center, with a staff of eight, gets an average of five requests ence working on social justice issues as an undergraduate, a day. interning for the Jimmy Carter Presidential Center, and To become better equipped to serve the women who working as a student trainer and organizer for the Martin seek the Center’s services, an increased effort in fundrais- Luther King, Jr.
    [Show full text]
  • Strengthening the Response to Refugee Women and Girls in the Comprehensive Refugee Reponse Framework
    STRENGTHENING THE RESPONSE TO REFUGEE WOMEN AND GIRLS IN THE COMPREHENSIVE REFUGEE REPONSE FRAMEWORK Recommendations from the University of New South Wales Forced Migration Network, (Australia) and the Australian National Committee on Refugee Women, for amendments to Annex I: Comprehensive Refugee Response Framework (CRRF), from the New York Declaration for Refugees and Migrants, UNGA September 19 2016, with suggested models of implementation. Assoc. Prof.Eileen Pittaway, Charlotte Bell and Dr Linda Bartolomei TABLE OF CONTENTS Introduction 3 Part 1 - Annotated Annex I: Comprehensive Refugee Response Framework (Crrf), From The New York Declaration For Refugees And Migrants, Unga September 19 2016 4 References 13 Part 2 Pathways To Implementation – Actions To Operationalize The Promise Of The CRRF (Work in Progress) 16 Appendix 1: Full Text Of Supporting References 28 Appendix 2: References And Evidence For Rationale (Work in Progress) 51 Appendix 3: Details Of Suggested Models Of Good Practice (Work in Progress) 52 2 Introduction PART 1 AN ANNOTATED VERSION OF THE COMPREHENSIVE REFUGEE RESPONSE FRAMEWORK This section contains amendments and recommendations specifically to address the protection needs of refugee women and girls. They are based on significant research conducted by the UNSW Centre for Refugee Research over the past decade in 18 refugee camps and urban sites, multiple community consultations run by the Australian National Committee on Refugee Women in 2016 and 2017 with refugees resettled in Australia. They include the outcomes of a workshop at “The Refugee Alternatives” conference convened by the Refugee Council of Australia and the UNSW Forced Migration Network in Sydney, February 2017. We applaud the inclusion of, and direct reference to gender issues, in particular, sexual and gender based violence in both the New York Declaration and the Draft Comprehensive Refugee Response Framework.
    [Show full text]
  • Discrimination of Migrant and Refugee Women on the Labour Market in Germany and Hungary
    Discrimination of migrant and refugee women on the labour market in Germany and Hungary Szilvia Sipos Spring Semester 2020 Student Thesis in Law, 15 Credits [Master’s programme in Law, Gender and Society] Supervisor: Lena Wennberg Abstract I wrote my thesis about the discrimination of women, focusing on migrant and refugee women on the labour market in Germany and Hungary. First of all, it was essential to review the relevant legal sources of the European Union, as well as the two above mentioned countries. The central concepts of my study are the discrimination – as a legal concept, used socio- legally to examine how women face discrimination -, as well as intersectionality – as the theory to understand and discuss the unequal treatment, and how the women’s situation can be improved -. The study aimed to analyze the countries separately due to inter alia the level of development of the issue preventing and combating discrimination against women. From discriminating women on the labour market I narrowed down my research to discriminating migrant, afterwards refugee women in each country. 1 Table of contents Introduction ...................................................................................................................................... 2 The aim of the study ......................................................................................................................... 2 Research questions ....................................................................................................................... 3
    [Show full text]
  • Working Together for Local Integration of Migrants and Refugees in Paris Paris in Refugees and Migrants of Integration Local for Together Working
    Working Together for Local Integration of Migrants and fugees in ris Re Pa Working Together for Local Integration of Migrants and Refugees in Paris Working Together for Local Integration of Migrants and Refugees in Paris This document, as well as any data and any map included herein, are without prejudice to the status of or sovereignty over any territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city or area. Please cite this publication as: OECD (2018), Working Together for Local Integration of Migrants and Refugees in Paris, OECD Publishing, Paris. https://doi.org/10.1787/9789264305861-en ISBN 978-92-64-30585-4 (print) ISBN 978-92-64-30586-1 (PDF) The statistical data for Israel are supplied by and under the responsibility of the relevant Israeli authorities. The use of such data by the OECD is without prejudice to the status of the Golan Heights, East Jerusalem and Israeli settlements in the West Bank under the terms of international law. Photo credits: Cover © Marianne Colombani Corrigenda to OECD publications may be found on line at: www.oecd.org/about/publishing/corrigenda.htm. © OECD 2018 You can copy, download or print OECD content for your own use, and you can include excerpts from OECD publications, databases and multimedia products in your own documents, presentations, blogs, websites and teaching materials, provided that suitable acknowledgment of the source and copyright owner(s) is given. All requests for public or commercial use and translation rights should be submitted to [email protected]. Requests for permission to photocopy portions of this material for public or commercial use shall be addressed directly to the Copyright Clearance Center (CCC) at [email protected] or the Centre francais d’exploitation du droit de copie (CFC) at [email protected].
    [Show full text]