SURABHI VANALIA
By the end of 2017, there were 68.5 million forcibly displaced people in the world, including 25.4 million refugees.[1] Some of the largest groups of internationally displaced people have been covered extensively by the media. We are well aware of the Syrian refugee crisis and of the Rohingya people leaving Myanmar in droves. What we often do not see portrayed in the media, is the scale at which vulnerable men, women, and minors have the additional danger of being subject to sexual abuse every step of the way.
A report by Amnesty International[2] discloses reports of interviews conducted with female refugees fleeing from Syria and Iraq. These women faced sexual abuse from the onset of conflict to landing on European soil, which was considered to be a safe haven by the refugees fleeing from this region.
This report is further corroborated by an inquiry by the UNHCR which relies on a study by Caritas Lebanon[3], a non-governmental organisation based in Lebanon, one of the host countries with the largest population of refugees. This study provides that “half of the Syrian female refugees who sought aid from their workers reported having been sexually abused”. Crucially, “Caritas says, many of these women reported wishing that they could return to Syria immediately” this statement is a devastating illustration of the deeply traumatic effects of sexual abuse, to the extent that it is compelling displaced women to want to return to their war-torn country.
Across the world, displaced women are facing the same horrors, a report by UN Women[4] states that “women and girls have experienced sexual‑ and gender‑based violence, perpetrated by both the Myanmar army and by Rakhine locals (the incidence of this violence has increased in frequency over the last two years).” Therefore, a large proportion of the displaced are Rohingya women, some of whom are singularly responsible for their families. This results in them resorting to drug and sex trade in order to provide for their families. Meanwhile, at the camps, young displaced Rohingya girls are kept indoors at all times to avoid the risk of sexual harassment or trafficking.
A recent study by the Women’s Refugee Commission[5] reports that there is restricted knowledge about the occurrence of sexual violence among refugee men. From what little is known, it seems men are subject to the similarly high instances of sexual abuse. Reports focused on regions such as Sub-Saharan Africa reveal that 1 in 3 displaced men from the Democratic Republic of Congo have been victims of sexual violence.[6] Similarly, sexual torture is used as a weapon of war against young boys in Syria.
Above all, unaccompanied minors are the highest risk of being trafficked into slavery and prostitution. A study by UNICEF (reported in the Guardian)[7] focuses its attention on the risk of abuse faced by minors in Sub-Saharan Africa, where two-thirds of victims are minors. This report also shows that of the 14- to 17-year-olds who arrived in Italy, more than 75% reported being held against their will.
While these specific examples highlight the abuse within larger groups of displaced people, patterns of sexual abuse are similarly prevalent in all parts of the world where smuggling of migrants takes place.
What about access to justice?
The absence of justice for victims of sexual crimes partly stems from a lack of reporting due to the customary derogations that are placed on survivors, who are often restrained by fear of being ostracised from their communities. Women’s reputation is often tied to men’s; they have no autonomy to pursue legal claims in court. Meanwhile, male victims are often reluctant to report sexual violence, due to the stigma of homosexuality and traditional notions of ‘manhood’.
Moreover, this issue is exacerbated by states that do not extend legal channels to refugee groups to allow them to seek any protection or compensation. With many countries not even having the basic legal framework to recognise refugees; there are a host of additional issues that would deter access to justice, such as a lack of recognition of male victims of sexual abuse.
There is an array of existing legal and administrative measures undertaken by UNHCR to tackle these specific issues, as with above, the problem lies with lack of implementation by host countries. For example, there is a 2008 UNHCR Handbook for the Protection of Women and Girls which restates the need for the implementation of codes of conduct that eliminate sexual assaults by humanitarian and authorized personnel.[8] Violations by humanitarian and authorized personnel are particularly repugnant due to the power and position of trust they are supposed to be holding. It is also alarming how far this issue has permeated beyond the remit of smugglers and traffickers.
While legal avenues provide retributory justice, sexual violence and trafficking is an issue that could be improved by a better enactment of legal channels through which displaced people can seek refuge. One of the primary reasons they are subject to such exploitation is due to the unsafe and illegal methods through which they must seek safety. Countries adopting closed policies for dealing with the crisis provides opportunities for some criminal activities to flourish, says Keane Shum[9], spokesperson for the United Nations Refugee Agency regional office for Southeast Asia.
We cannot rely solely on the improvement of the rule of law, but we must rather ensure that victims of political and humanitarian crises are not subject to such deplorable violations to their rights in the first place.
[1] http://www.unhcr.org/uk/figures-at-a-glance.html
[2] https://www.amnesty.nl/actueel/female-refugees-face-physical-assault-exploitation-and-sexual-harassment-on-their-journey-through-europe
[3] https://unu.edu/publications/articles/protecting-female-refugees-against-sexual-and-gender-based-violence-in-camps.html
[4] http://www2.unwomen.org/-/media/field%20office%20eseasia/docs/publications/2017/10/gender-advocacy-paper-for-rohingya-refugee-crisis-response-in-bangladesh-r10.pdf?la=en&vs=2521
[5] https://www.womensrefugeecommission.org/gbv/resources/1272-mean-streets
[6] https://reliefweb.int/report/world/male-victims-sexual-violence-wars-silent-sufferers
[7] https://www.theguardian.com/global-development/2017/may/17/traffickers-smugglers-exploit-record-rise-unaccompanied-child-refugees-migrants-unicef-report
[8] https://unu.edu/publications/articles/protecting-female-refugees-against-sexual-and-gender-based-violence-in-camps.html
[9] https://www.cnbc.com/2018/06/27/refugee-crisis-fuelling-criminal-network-and-human-trafficking.html
