Women migrants vulnerable to abuse

 

Mlauzi’s story echoes the experiences of many women who travel far from home to seek opportunities and livelihoods that they cannot find in their home country. Both women and men who migrate face a number of challenges, but the nature of these challenges and their impact is often very different.

 

Problems often begin for women as soon as they decide to leave her country. The border post is one of the most dangerous places in a woman’s journey. Syndicates of smugglers based at the borders are responsible for widespread violence against women.

 

Moreover, added to the risks of sexually transmitted diseases and unwanted pregnancy, survivors of these attacks often face social stigma and exclusion, rather than support. The stigma attached to victims of sexual violence is what makes it a particularly effective way to harm women. This is one reason why during times of conflict, including the xenophobic attacks of May 2008, rape is such a common and effective weapon used against foreign women.

 

Once a woman crosses the border, she faces a number of challenges. Overall, women, who bear the primary responsibility for the care of children, find migration with children extremely difficult and more expensive than migrating alone. On arrival in South Africa, they have greater difficulty in finding work given their childcare responsibilities.

 

They may even have greater difficulties finding low cost accommodation that will accept children. Research also shows that women who migrate with their children tend to earn far less than those who do not. As with all poor women, they also face difficulty in finding safe and affordable childcare for their children whilst at work.

 

Like men, many women arriving in South Africa find themselves unable to access the documents needed to legalise their stay in the country. However, the effects can be much more serious for women than for men, as lack of documentation makes women particularly vulnerable to violence. Undocumented women migrants who suffer from domestic violence, or any other form of gender-based violence so widespread in South Africa, are unlikely to report to the police or access any other social service.

 

Research by the Forced Migration Studies Programme (FMSP) shows that xenophobia and discrimination from service providers acts as a significant barrier to accessing services for women who were in abusive relationships. In addition, abusive men used the woman’s migrant status to justify their abuse, and their inability to go to the police was a reason for their ongoing abuse.

 

In her story, Mlauzi recounts how she was first afraid to tell of being raped by her brother-in-law in her home, and later how she endured abuse because she had no money and no where to go. Fear of repercussions means that these women are not only unable to seek justice, but also do not access psychological and health support, such as post-exposure prophylaxis for HIV.

 

There has been a great deal of attention paid to the trafficking of women and children, particularly into the sex work industry. Although the numbers of trafficking victims is likely to be very small, it is a particularly horrific form of gender-based violence. A person is a victim of trafficking if they have been moved or relocated through force, threat or deception.

 

Proposed anti-trafficking legislation, whilst claiming to be victim centered, does not offer women much protection from deportation and is, therefore unlikely to encourage trafficked women who to report to the authorities. In addition to trafficking, there is a range of labour exploitation that migrant women face, which may not count as trafficking. Women often work in “private” industries such as domestic work and therefore their exploitation, including very low wages, violence or other kinds of abuse, are often less visible.

 

Women asylum seekers also face a difficult time in getting their trauma and experiences recognised. Under the refugees act, a person may apply for asylum if they have a well-founded fear of persecution because of gender or sexual orientation. South Africa therefore has one of the most progressive refugees acts in the world as it explicitly states that gender based persecution is a grounds for asylum.

 

However, in practice, research by FMSP points to poor implementation of this policy. For example, some forms of gender-based violence, such as rape and domestic violence, are considered so normal that do not consider these a form of persecution by. In addition, the perception of gender being about “women” means claims made based on sexual orientation by men have typically not been successful.

 

Women also report feeling ashamed to speak about their experiences in front of the status determination officers and the interpreters who were often skeptical and hostile towards them. In addition, many women were not aware that their experiences of gender-based violence could be included in their application and so did not mention it.

 

Emphasis on border control and prevention of migration only forces migrant women to evade social services and officials such as the police, health departments and even organisations for fear of deportation.

 

In order to ensure that migrant women are able to access vital services, there is a need to understand their special situation, and the obstacles that they face.  For example, addressing gender-based violence against this group means that identity documents should not be a requirement for accessing such services, and strategies are needed to facilitate migrant women’s access to justice and heath care. For the thousands of women who cross our border every year, their safety and survival depends on it.