Women as a persecuted group

"Becoming a refugee is a gendered experience. Up to 80 percent of the total refugee population (to differentiate from the percentage of refugees who actually make it to the West the majority of whom are males) is composed of women and children"(Yuval-Davis, 1997, p.109). There are a number of these women who are persecuted for their political activities. For example, they secure food for armed forces and convey messages to those underground. They also have been known to take part in armed conflict and guerrilla warfare i.e. there are a significant quantity of Kurdish women involved in the direct combat with the Turkish forces. However, a substantial amount flee owing to the fact that they have become targets of gender specific persecution on account of being women.

The UNHCR Division of International Protection (1997) ascertains that gender-related claims for asylum tend to fall into four broad categories:

"First, where the method of persecution is gender-related. Second, where the issue is one of punishment for having transgressed social mores and more generally of laws which restrict the exercise of fundamental human rights. Third, measures used in carrying out a law or policy even if the latter had legitimate goals. Finally, the law, policy or practice may in itself be persecutory"(p.84).

In the following paragraphs I will elaborate further on these four categories outlined above and provide an example of each to familiarise the reader.

Category 1: Rape and other forms of sexual violence

The principal form of gender-related methods of persecution consist of rape and other forms of sexual violence. Rape is the offence of forcing a person to surrender to sexual intercourse against their will. Article 1 of the Declaration of the Elimination of Violence against Women (1993) states violence against a woman as being:

"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".

The combination of these varying methods of persecution have continued to generate the flow of women and children within their own countries and across international boundaries. Nonetheless, this does not imply that they automatically escape such acts following their flight. In the ensuing paragraphs it will become apparent that these attacks permeate their journey as well as their refuge.

Yuval-Davis (1997) contends that "it is often found that militarisation of the population raises the general level of domestic and other violence in society"(p.106). She goes on to demonstrate how war is a gendered experience. For instance, men for the most part are bound to the front line (in recent times women have also been involved in armed conflict i.e. the Gulf War), and women are impelled to remain behind and subsequently, become particularly vulnerable to rape and sexual attacks by enemy troops.

This form of violence is perceived by the military as having an adverse affect upon opposing forces.

"Besides being viewed by some in the military as a ‘normal’ by-product of war, sexual violence has also been used by armed forces, including insurgent groups, in some regions as a means of intimidating a civilian population perceived to be in political opposition to the armed force in question"(UNHCR, 1993, p.7).

There is evidence to prove that these acts occur on a wide scale. Entire villages are often forced to witness these systematic rapes in order to terrorise them and force them to abandon their homes. "Indeed, the rape of women in war zones is frequently perceived as a legitimate tactic, as a means of emasculation and demoralising opponents through the identification of women with nation"(Women and Geography Study Group, 1997, p.132). Systematic rape was employed by the Serbs as a means of ethnic cleansing. It was believed that if the women conceived the children of Serb soldiers, according to the Serb mentality, this would ensure that the succeeding generations of Bosnians would have Serb blood. Hence, a process of purification began. They viewed the women as mothers of the nation and thus, they implemented rape in order to achieve an ethnically cleansed Serb state.

Rape is not only confined to Bosnia. In the case of the Liberian civil war, rape was used by child soldiers against middle-class women at check points. It was intended to act as a means of humiliating and demeaning them, a form of control. There is often a common pattern which can be observed in times of conflict. There are innumerable accounts of soldiers breaking into houses in order abduct a political adversary or procure supplies. If they discover that there is a woman present it is quite probable that she will be assaulted. These opportunistic rapes have become all too common. Women may be raped as a form of torture for that reason their keeper may be able to force their husbands, fathers and brothers to divulge information concerning their cause. A woman may be vulnerable to sexual attacks for the duration of her confinement. She may not even be involved in the direct conflict, nevertheless, she is still remains as a target on account of her gender.

Even when women do manage to survive such assaults and escape they still continue to be susceptible to these acts while seeking asylum and finally in their place of refuge. They have often proved to be easy prey on their journey to bandits and smugglers. For example, there have been numerous reports of mass rapes in much of the horn of Africa, due to the conflict and disorder that has come to characterise the region . There have been reports too concerning the rape of the Vietnamese boat people, who were abducted by sailors and pirates while they were trying to flee from their country of origin.

Women (chiefly unaccompanied) are frequently at the mercy of border control guards and police. Some have claimed that they were incarcerated for weeks on end and forced to submit to these officials on a regular basis. In Europe there have been allegations that immigration officials have abused women while in transit or while they are being detained and transferred to another country.

As previously stated, vulnerability persists in places of refuge.

"In many refugee situations particularly those involving the confinement of refugees in closed camps, traditional behavioural norms and restraints break down. In such circumstances refugee women and girls may be raped by other refugees, acting either individually or in gangs, and self-appointed leaders may thwart attempts to punish offenders"(UN report 1993).

Such circumstances regularly compel women to marry out of convenience. The convenience being that their new husband can protect them from further attacks. Life in a refugee camp is already difficult without the prospect of being sexually assaulted.

From the above it is apparent that women are constantly exposed to rape and other forms of sexual violence on account of their gender. While these acts do transgress all areas of life and culture, they are more likely to be a continual threat to a refugee. From the causes of their flight, their journey and their final destination, they are vulnerable to rape. While the refugee generating situations of the world may differ from one location to another, rape is a factor that all female refugees have in common. It has become a collective experience.

Another type of gender-related persecution which is a common form of torture is practised in Iraq. This entails the tying of woman up-side-down for extended periods of time. When the women begin to menstruate, the blood is unable to escape. This results being that when the women menstruate the blood is unable to escape. Consequently the woman is sure to develop painful infections and prolonged difficulties such as Pelvic Inflammatory disease, which may cause infertility in the individual.

Category 2: Female Genital Mutilation

Female Genital Mutilation (FGM) is regarded as a traditional custom which is a human rights violation. It has been practised for centuries by a legion of cultural groups throughout Africa. For example, it has been discovered in Egypt, Sudan, Somalia, Senegal and Nigeria. The manner of the procedure varies regionally. The three forms that it takes include clitoridectomy (partial or total removal of the clitoris), excision (the removal of the clitoris and the labia minora), and infibulation (commonly referred to as Sunna). This requires the complete removal of the clitoris and labia minora; as well as the inner surface of the labia majoral; the vulva is then stitched together so that a tiny opening is maintained in the vagina to provide for the passing of urine and menstrual blood. "Immediate medical complications include haemorrhage (bleeding), post-operative shock (most are carried out by older women with traditional instruments and without anaesthetics) tetanus and septicaemia (blood infection). Among the long term complications are infections of the uterus and vagina, scarring, cysts and abscesses, and extremely painful menstruation and intercourse"(Focus, 1992, p.19). In the case of infibulation the vulva is reopened for childbirth and then restitched. This further endangers the life of a woman because they are again subjected to the aforementioned risks that the initial operation comprised.

Women and children who do not allow themselves to be laid open to these procedures are presumed to be shameful and abnormal by both men and women in their societies. Therefore, "in cases where FGM is an accepted and compulsory practise, women who refuse to undergo it may be considered to have transgressed social mores and, depending on the particular circumstances, their treatment as a result may amount to persecution"(UNHCR, 1996, "FGM" paper).

Category 3: Sterilisation and forced abortion

Sterilisation and forced abortion constitute a process that is persecutory in its application that may have possible legitimate goals. Numerous states have may utilise these techniques in order to curtail their populations. However, this approach is extreme and women who refuse to succumb to these measures suffer from the prospect of prosecution i.e. China. The well being of the entire population may be in jeopardy as a result of overpopulation. However, the approach taken by the state is reduce its population is excessive and subsequently provides ground for refugee status.

There a plethora of incidents where the law implemented by a state is persecutory. In nations such as Iran and Afghanistan, women must comply with austere traditions that circumscribe their lifestyle and behaviour. For example, being unable to work and attend educational institutions, wearing the chador, being unable to wear make-up and being forced to conceal all elements of their person. "The authorities or other agents of persecution may perceive the failure of women to conform to this role or model of behaviour as the failure to practise or to hold to certain religious beliefs and as such an attempt to corrupt the society or even as a threat to the religions continued power"(UNHCR, 1997, p.103). Thus, those who deviate from the social mores of the ruling state are considered to be deviant and are subject to punishments which are equally austere and persecutory in their application. Women who are vocal and speak out against the offending regime are also identified as deviants and punished accordingly. Hence, the above also establishes grounds for refugee status as it may be considered as having a political opinion for which one is persecuted.

In conclusion, it is apparent that the majority of the world’s refugees are women and children. They are as a group continually persecuted by virtue of their political opinions and political actions. However, they are also targets of gender specific persecution and as such are constantly in danger of rape and sexual assault in all aspects of their lives. Their lives and behaviour are also curtailed by traditional practises (FGM) and oppressive regimes. Women as a group constitute a wide range of reasons for the granting of refugee status.

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