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Paper Details
Paper Code: AIJACLAV7RP2024
Category: Research Paper
Date of Submission for First Review: May 16, 2024
Date of Publication: December 11, 2024
Citation: Khushi Awana, “Beyond Borders: Analysis Of Gender Justice In The Refugee Crisis", 4, AIJACLA, 68, 68-74 (2024), <https://www.aequivic.in/post/beyond-borders-analysis-of-gender-justice-in-the-refugee-crisis>
Author Details: Khushi Awana, Student
Abstract
It is concerning how millions of Refugees around the globe are struggling every moment to be protected and accepted in new states. How they are fighting to survive in such uncertain conditions. The pursuit of Gender Justice amidst this pressing humanitarian crisis becomes prominent but is often overlooked. This paper delves into the multifaceted dimensions of Gender in the existing refugee crisis intersecting with the reasons for displacement, resource location, violence, health, and opportunities for resettlement. Using a variety of multidisciplinary research, this analysis reveals the varied experiences and vulnerabilities that men, women, and gender minorities who are refugees confront. It draws attention to the ways that institutional injustices, conventional gender norms, and power relations interact to influence the experiences of refugees and their access to resources and rights. Moreover, the paper critically analyses the existing legal framework for the protection of refugees intersecting with gender. This research advocates for more inclusive and gender-responsive methods in refugee support, protection, and legislation by amplifying their perspectives and experiences and advancing a more nuanced understanding of the interconnections between genders amongst refugees.
Keywords
Violence, Gender, Rights, Refugee, Migration
Introduction
People who have crossed an international boundary in search of protection in another nation after fleeing war, violence, conflict, or persecution are classified as refugees by the UNHCR.[1] Refugees are often forced to leave their countries due to grave human rights violations or discrimination based on race, caste, gender, ethnicity, nationality, or natural disasters. Their governments are usually incapable of providing them with protection. Syria has the largest refugee crisis in the world, representing nearly 25% of the total global refugee population[2] followed by Afghanistan due to the Taliban conflict, then Ukraine under attack for the past 2 years, next up South Sudan since its independence, and Bangladesh in the 5th place. The refugee crisis has a significant impact on gender dynamics, influencing displaced people's experiences and susceptibility in unique ways. With more than 36.4 million refugees around the globe, half of them constitute women. Women refugees and internally displaced women suffer from marginalization, sexual and gender-based violence, and child marriage[3]. Limited availability of resources including food, water, medical care, and education increases their marginalization and susceptibility. Furthermore, in the context of displacement, conventional gender roles and norms may be upheld or challenged, impacting power structures in families and communities. Men and boys also encounter difficulties such as the need to uphold traditional ideas of masculinity, which may impede their access to support services or their capacity to seek treatment for mental health concerns, as well as increased responsibilities to support their families in frequently precarious circumstances. Angry, ashamed, and destitute, they are often asked to stay back in their native states and fight back. In media narratives and public discourse, the representation of gender-varied persons and refugee women frequently reinforces established dynamics of power and negative stereotypes. Refugee women are often portrayed by the media as passive victims, with an emphasis on their helplessness and susceptibility rather than their agency and strength. Similarly, those who identify as gender non-conforming are frequently ignored or excluded, and their identities and experiences are seldom and respectfully portrayed.
The definition of Refugees worldwide is not gender inclusive. Women often face gender-specific problems intersected with race culture and nationality. Reconceiving the definition within the context of present refugee movements, and broadening it to include persecution on account of gender or generalized violence is the only way refugee law can be made more relevant and responsive to the needs of present-day movements.[4] The current legal Framework is also less structured for gender disparities. Only The United Nations High Commission for Refugees has a specific policy for Refugee women. It is committed to the Women, Peace, and Security agenda and works to dismantle barriers to the equal and meaningful participation of forcibly displaced and stateless women and girls, including through partnerships, inter-agency processes, as well as board memberships in the Compact on Women, Peace and Security and Humanitarian Action, and the Women’s Peace and Humanitarian Fund.[5] The United Nations General Assembly adopted the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1979. A thorough framework for achieving gender equality and the elimination of discrimination in a range of contexts, such as the workplace, healthcare, and education, is outlined in CEDAW. Although CEDAW does not specifically mention refugees, its tenets apply to them and support the protection and rights of refugee women.
Exploring Gender Diversity and Inclusivity
Within refugee communities, non-binary and transgender people frequently encounter unique challenges that relate to their gender identity and status as displaced people. Their conduct and demeanour might be interpreted as defying religious, cultural, and societal standards, which could put them in danger. Thus, they often hide their sexual orientation to be treated as equals and safely like the rest of the refugees. LGBTQ refugees and asylum-seekers face rampant persecution around the world, yet only 37 countries recognize their claims as legitimate grounds for protection.[6] The first time Oksana, a queer Ukrainian refugee, travelled abroad was when she fled to Poland to escape the war last year. ‘I thought I was coming to Europe, so the society will be open [towards gay people],’ says Oksana, ‘but, turns out, it is not that different from Ukraine here. [7]As the traditional norms are being broken several organizations have come up that support gender inclusivity in refugees. The Organisation for Refugee, Asylum and Migration seeker works to protect LGBTQ asylum and refugees around the globe. Over the years it has worked extraordinarily in Kenya, Mexico, and Germany providing queer populations with both short-term and long-term safe homes, technical and vocational training, and online job opportunities. Under their Ukraine Response program, they have expanded to provide short-term housing for LGBTIQ Ukrainians and third-country nationals across Europe.[8] Hebrew Immigrant Aid Society based in New York, provides LGBTQ refugees with Legal services, mental health and psychological support, economic inclusion, and resettlement services.
Gender-Based Violence in Refugee Settings
Female Refugees are often the most vulnerable to Gender-based sexual and physical violence. Apart from the threat posed by opposing armed factions, those fleeing the war area run the possibility of experiencing abuse at the hands of human traffickers or border security personnel[9] One of the biggest refugee camps, housing over 800,000 Rohingya refugees escaping severe persecution in Burma (Myanmar), is located near the coastal city of Cox's Bazar in Bangladesh.[10] The International Rescue Committee reports that one in four Rohingya women living in refugee camps in Bangladesh have experienced gender-based abuse.[11] GBV has serious, varied repercussions that include bodily harm, psychological distress, unintended pregnancies, STDs, and even fatalities. Survivors frequently experience persistent emotional pain, guilt, and stigma, which negatively affects their general and mental health. GBV can also make it more difficult for women to get vital services, employment chances, and education, which serves the cycle of poverty and marginalization. Women are not even safe with the security officers. In an interview with Amnesty International, a 22-year-old Iraqi woman said that a uniformed security officer offered her some clothing while she was in Germany in return for "spending time alone" with him. [12] A type of sexual gender-based violence known as "survival sex" occurs when women and children are coerced into having sex out of a desperate need to earn products and/or money to relieve the financial strain brought on by the higher expenses of living in a refugee camp. It entails paying women and children for sex in exchange for cash or products (like food). The lack of resources and assistance accessible to refugees may be the cause of this violence, or it may result from relief workers withholding resources and assistance for personal benefit. It has been reported that Syrian refugees as young as 10 years old have been forced to engage in survival sex.[13] To begin with, the disintegration of support systems and social institutions brought about by migration increases the susceptibility of women refugees to violence. Second, confined living quarters with inadequate lighting and crowding, as well as restricted access to resources like water, sanitary facilities, and employment prospects, raise the likelihood of gender-based violence. Lastly, violence against women, girls, and gender non-conforming people is further perpetuated in refugee situations by pre-existing gender disparities and discriminatory societal norms.
Education as a Tool for Empowerment to Refugee Women
Education serves as a critical catalyst for societal advancement, particularly for marginalized populations such as refugees, offering a pathway toward financial independence. Education's influence extends beyond academic achievement, impacting health literacy, which in turn mediates the relationship between education, health status, and health behaviours.[14] Thus, addressing gender disparities in skill-building programs and promoting broader educational opportunities can potentially improve health outcomes and empower marginalized communities. Regardless of the importance of education, there are significant differences in its access by refugee women. Even though females make up half of the school-age refugee population, secondary school enrolment rates for refugee girls are barely half that of their male counterparts, according to a UNHCR report titled "Her Turn".[15] Domestic duties often exacerbate this issue. Refugee girls who are responsible for collecting water are about 10 percentage points less likely to be enrolled in school.[16] Females' reluctance to pursue education is also due to safety concerns, including the fear of sexual assault and commuting great distances to schools. Moreover, women who are determined to be educated hardly get access to higher education, further perpetuating the cycle of inequality. Various organizations like UNICEF, the International Rescue Committee, Roads to Refugee, and Room to Read are leading successful schooling in refugee camps. Despite the efforts of educational initiatives, the perpetuation of gender norms hampers broader empowerment goals. However, Skill-building and cash-for-work programs for Syrian refugee women in Jordan are confined to traditional “women’s” work, hobbies, or unpaid/low-paid labour, thus preserving gender roles and perpetuating the already-limited agency of women.[17]
Healthcare Disparities and access
The lengthy and exhausting treks that refugees undergo, along with their lack of access to basic amenities like food and water, sanitation, and other necessities, make them more susceptible to food- and waterborne illnesses as well as communicable diseases like measles.[18] Furthermore, accessing healthcare services is extremely difficult for refugees, particularly women. Factors like inadequate levels of knowledge about human sexuality; inappropriate or poor-quality reproductive health information services; the prevalence of high-risk sexual behaviour; discriminatory social practices; negative attitudes towards women and girls; and limited power that women and girls have over their sexual lives are few barriers for women to access reproductive healthcare. [19]Menstrual Hygiene is often another neglected aspect. Rohingya women refugees in Cox's Bazar, Bangladesh, expressed difficulties with access, safety, privacy, and dignity, they mentioned the necessity for separate washing areas for period hygiene products. Refugees who lack UNHCR documentation risk threats of arrest and detention when seeking treatment at public medical care facilities, especially when they are unable to pay medical fees, resulting in fear and distrust of public healthcare staff.[20] Many pregnant female clients seeking assistance from the Refugee Council Organization chose not to access antenatal care but instead only presented themselves at the time of delivery as they harboured fears of being charged, detained, or deported if they engaged with healthcare services, perceiving them as an arm of the Home Office tasked with enforcing immigration controls without consideration for their welfare.[21] At times despite having access to healthcare services, the quality of care available often fails to meet satisfactory standards. During field studies in Kampala and the Nakivale Refugee Settlement, the investigated reproductive health needs of Congolese refugees in Uganda revealed inadequacies in maternal healthcare including insufficient human resources, poor facilities, medication shortages, long wait times, instances of bribery, discrimination, and language barriers.[22] Expanding healthcare coverage to all refugees, regardless of their immigration status, offering culturally sensitive treatment, and boosting the provision of reproductive health services should be the main goals of initiatives to enhance access to healthcare. It is crucial to make investments in healthcare infrastructure to guarantee that refugee women receive the high-quality treatment they require. This includes building well-equipped healthcare facilities and educating healthcare professionals.
Mental Health Challenges
With no place to call home, no security of food or self, Trauma of war and displacement, rape, violence, losing loved ones, non-acceptance in the new society, and scarcity of resources, refugees tend to develop mental illnesses. Common mental illnesses in displaced adults include PTSD (31%), depression (31%), anxiety disorders (11%), and psychosis (1.5%).[23] Women tend to be at a higher risk of mental illnesses like depression and stress as compared to men. Pregnant women often are victims of prenatal depression and postpartum depression. Those who are Victims of gender-based violence, including trafficking, domestic abuse, and sexual assault, cause severe psychological anguish and long-term effects on their mental health. In a study at the Kenyan Refugee camp, it was found that Refugee women who experienced past-year intimate partner violence or conflict-related violence may be at increased risk of depression, anxiety, or PTSD.[24] On the other hand, men's mental health is often overlooked. Although women and girls are the most vulnerable group of refugees, men too are particularly susceptible to certain aspects of the refugee experience. For example, men have a harder time able to maintain their traditional masculine identities, roles, and relationships due to the loss of the "provider and protector" role, the stigma associated with relying on relief organizations following a disaster, and the lack of self-determination that comes with being a refugee.[25] They consequently develop depression and have higher chances of having suicidal thoughts. Additionally, Pervasive societal stigmas surrounding mental illness and apprehensions about acceptance within their communities deter them from seeking out benefits of the medical services.
Role of NGOs in Gender Inclusivity
NGOs play a crucial role in promoting gender equality among refugees by advocating for changes in humanitarian practices to include and protect refugee women. The advocacy efforts of NGOs have led to significant policy changes within organizations like the United Nations High Commissioner for Refugees (UNHCR), with the adoption of a Policy on Refugee Women and the establishment of positions dedicated to refugee women. Today, many humanitarian organizations have explicit gender equality policies and emphasize the importance of a gender perspective in aiding refugees. Enhanced decision-making and readiness for return were facilitated by group calls, Go & See visits, educational materials, protection trainings, and awareness campaigns. Economic empowerment was boosted through livelihood training, access to credit and markets, and networking. Leadership initiatives aimed at increasing social and political influence for refugee and returnee women. Conducted for Tamil and Kerenni refugees it has successfully increased access to government livelihood assistance & documentation services for women & their families reportedly 8,229 in Sri Lanka, and 435 in Myanmar. [26]Another NGO, the Women's Refugee Commission advocates for gender equality across humanitarian responses, aiming to ensure equal access, dignity, and well-being for all refugees. They work towards promoting resilience among refugee women, children, and youth by strengthening their assets, skills, and capacities. Initiatives focus on including women in decision-making processes, addressing gender-based violence, and advancing gender equality within displacement settings.[27] Besides, networks such as the Action Network on Forced Displacement - Women as Agents of Change volunteer to promote gender equality in displacement settings by fighting gender-based violence, involving women and girls in decision-making at all levels, and strengthening relationships with women-led groups.[28]
Conclusion
The examination of gender justice within the refugee crisis reveals a complex interplay of historical, social, and political dynamics that shape the experiences of refugees. Within refugee environments, women, men, and gender minorities encounter distinct obstacles shaped by prevailing gender norms, systemic inequalities, and power structures. When it comes to sexual and physical abuse, women and girls are frequently the most at risk, both on the way to safety and in refugee camps or host communities. In addition to causing physical and psychological suffering, gender-based violence feeds the cycles of poverty and marginalization and prevents women from gaining access to chances for empowerment and necessary services. Furthermore, refugee females are frequently less likely than their male counterparts to enrol in school. Obstacles including childcare responsibilities, security worries, and restricted access to postsecondary education sustain gender disparities and impede more comprehensive objectives of empowerment. These disparities stem from a lack of access to menstrual hygiene products, mental health treatments, and reproductive health services.
Whereas men may grapple with societal pressures related to masculinity and the erosion of traditional roles. The international laws should be made stronger, to address the refugee resettlement challenge. These laws must address gender-based violence and Women centric health policies must be brought about. Besides this, the governments of host states have to realize and implement more inclusive policies that cater to the needs of all in the refugee groups. Regarding healthcare refugee services, there is a need to include targeted interventions to the health issues that impact displaced women. This measure encompasses having resources and infrastructure for the welfare of women with problems specific to gender like reproduction and menstrual hygiene. To overcome these inequities, new medical camps and healthcare facilities must be built, as well as gender-responsive and culturally sensitive healthcare services that are aware of and cater to the unique requirements of refugees. Education must be prioritized for women and safety must be ensured in such settings. Gender inclusion and the meaningful participation of refugees in decision-making processes must be aided by empowerment programs, community engagement efforts, and cultural sensitivity training for humanitarian workers and service providers. Therefore, we can fight to create safer, more equal, and more supportive situations for refugees of all genders by making gender inclusion a priority in refugee care, protection, and law. All parties involved must work together to identify and resolve the many types of marginalization and prejudice that refugees experience while upholding social justice, human rights, and dignity for everyone.
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