We often hear about the conflict in the Democratic Republic of Congo, as in South Sudan, or the continuing violence and reprisals in the Central African Republic. However, we know very little about the people fleeing these conflicts, the refugees, their conditions, and especially about the plight of women fleeing to save both their lives and their families. This is why today we would like to emphasise a part that is often overlooked in conflict narratives: the people who are driven to flee from these contexts and who in the vast majority of cases, contrary to what is often falsely claimed, remain in Africa by seeking asylum in neighbouring states and do not choose to make the very dangerous journey to Europe. One of the African countries hosting a large number of people on the run is Uganda.
Today we would like to talk about this with Maëlle Noir, an Irish Research Council PhD scholar at the Irish Centre for Human Rights, University of Galway. Her PhD research addresses the question of gender-based violence against women refugees through an intersectional and decolonial feminist perspective, exploring the relevance of feminist lawyering as an alternative approach to legal practice in the Ugandan urban refugee setting.
Maëlle has extensive experience in advocacy and community research as she has been working for the past five years with several national and local civil society organisations in India, Ireland, France and Uganda. She is also a part-time research assistant in a European Union Horizon project on democracy and policy, collaborating with researchers in Slovakia, Austria, Italy and Ireland.
Hello, Maëlle, it is a pleasure to have you here with us. Firstly, I would like to ask you about the refugee population reaching Uganda, which are the main nationalities asking for asylum in Uganda, What is the procedure to apply for asylum in the country and where are refugees hosted?
It is important to start by stating that over 1.5 million refugees reside in Uganda which makes it the first-largest refugee population in Africa and the fourth-largest in the world. This can be explained by Uganda’s geographical location, at the crossroad of several conflict zones with neighbouring countries including the Democratic Republic of Congo (DRC), South Sudan, Somalia, Ethiopia, Burundi, Eritrea, Rwanda, etc. Uganda also has a long ‘open door policy’ history which is financially and politically sustained by the Global North which supports the State in welcoming refugees fleeing conflict and prosecution.
With regards to nationality, South Sudan, the DRC and Somalia are refugees’ predominant countries of origin in Uganda as they respectively constitute 57.1%, 32% and 4.1% of the total refugee population. However, when it comes to urban refugees, usually located in the capital city of Kampala, in the Southern part of the country, these are mainly Somali, Congolese, Eritrean, South Sudanese, Burundian and Ethiopian.
The Ugandan Refugee Act 2006 expands the definition of a refugee provided in the 1951 Refugee Convention and the 1969 Organisation of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa by including a gender ground. As such, anybody who is outside of their country of origin, owing to external aggression, occupation, foreign domination or events seriously disturbing public order and has a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, political opinion or gender may be granted a refugee status.
The procedure to seek asylum in Uganda varies depending on if the asylum seeker wishes to settle in a settlement (which is oftentimes granted based on prima facie or ‘automatic’ refugee status. Therefore, groups of people that come from a state UNHCR has recognised as meeting the objective requirements for refugee status. For these individuals, it should be easier and faster to obtain status because the burden of proof of the situation in the country of origin is completely non-existent. Inverted commas have intentionally been left on the term ‘automatic’, however, because in reality this presumption is almost never applied) or in the city (non-prima facie refugee, precisely, individuals not belonging to the ‘automatic’ mode) but in both cases, it remains relatively straightforward. For ‘automatic’ refugee status, asylum seekers who reach the border are transferred to one of the numerous reception centres upcountry for a short interview with an agent of the Office of the Prime Minister (OPM) before registration and obtention of the refugee status. This process takes between a few days and a maximum of a couple of weeks except if there is a particularly important influx of refugees. It is more difficult to obtain ‘non-automatic’ refugee status, especially to be able to settle in a city. The asylum seeker must register with OPM and go through a series of several interviewees before different stakeholders including a police officer, and an OPM reviewing status officer followed by a final case examination by the Refugee Eligibility Committee. According to UNHCR, around 87.5% of the refugee status applications were successful in 2022. By way of comparison, in 2022 in Italy, over 80% of asylum seekers were denied refugee status.
Talking about Ugandan Refugee Camps, what are the reception conditions in the camps?
Uganda is often praised by the international community as well as international media for its exemplary welcoming conditions which foster a ‘safe haven’ or even a ‘paradise’ for refugees. Indeed, on paper and in conformity with the Comprehensive Refugee Response Framework, asylum seekers who have secured their refugee status are automatically provided with a plot of land to cultivate, access to free education and health care as well as the right to work and freedom of movement.
However, we know that theory usually drastically differs from practice and it is the case in the Uganda refugee context as well. The supposedly progressive non-encampment policy promoted by the Comprehensive Refugee Response Framework is not very well implemented as freedom of movement remains conditioned to the obtention of a permit delivered by OPM and UNHCR. In the settlement, the monlthy allowance currently amounts to 13.000 Uganda Shilling per month which is around 3.50 euros only. Health and education services are underfunded and underressourced so not everybody has access to proper healthcare and education. Additionally, settlements are described as places of heightened violence, especially against women and LGBTQ+ communities. Instances of gender-based violence and sexual exploitation committed by humanitarian aid workers as being in charge of the repartition of resources are also reported.
The discourse promoted by the international community about Uganda and its non-encampment policies constituting a ‘safe haven’ refugee is also reflective of the colonial and racist discourse perpetrated in the Global North. An example of ‘exceptional welcoming conditions’ in Uganda that is often put forward, especially by Western media, is the free allocation of a plot of land to refugees, reducing refugees’ only vocational activity to farming.
Information provided above is not based on observation as my research focuses exclusively on urban refugees but it stems from scholarly literature as well as testimonies provided by interviewees in my research who fled the settlements in search of a more peaceful and violence-free life.
On this note, how do Ugandan police hamper the access to services for gender-based violence cases and which policies are in place in the country that may hinder a gender-sensitive approach?
Although Ugandan laws and policies on refugee status determination and protection appear to account for the gendered nature of the refugee experience, their implementation crucially lacks gender and cultural sensitivity. Indeed, we saw that the 2006 Refugee act is particularly progressive as it adds the failure to conform to gender discriminating practices as a ground for asylum. Gender-based violence and abuse are also addressed in the Comprehensive Refugee Response framework.
For refugees located in the settlements, gender-based violence services are often extremely remote and refugees cannot afford to travel on a boda-boda (motorbikes in Uganda) to report a case to the police. If survivors reach the police station, many report not being believed or even being asked for money to register their case. Sometimes UNHCR’s implementing partners have an on-site presence but they are under-ressourced and cannot address every claim.
Be it in the settlements or in the uban context, empirical research demonstrates that gender-based violence service providers are not sufficiently trained to adopt a gender sensitive policy. Many instances of re-traumatisation and normalisation of violence, sustained by a persisting culture of disbelief towards refugees’ claims were reported by participants in my research (survivors and refugee service providers). This is also explained by a lack of structural and intersectional understanding of gender-based violence against refugees. Indeed, gender and migration status intersect to create a unique form of discrimination that calls for a unique form of redressment. Other systems of oppression can also intervene such as transphobia, ableism, colourism, tribalism, etc., in the exercise of violence and in the way violence is addressed by service providers.
In Uganda, we also notice an institutionalised monopoly of international and Ugandan-led organisations in service delivery. Organisations selected by the office of the prime minister (OPM) and registered according to the NGO Act 2016 are the only ones able to deal with refugees. This has particular gendered effects as OPM retains an important level of control over GBV service providers as well as funding allocation.
In a 2018 audit by the UN Office of Internal Oversight Services (OIOS) a variety of concerning arrangements between the Ugandan representation and OPM were found, including the selection of partners who had engaged in fraudulent activities and mismanagement of funding in 2016 and partners who were not recommended by the UNHCR Representation’s Implementing Partnership Management Committee. The audit also finds that numbers of refugees were inflated by 300 000 to attract more international funding.
As such, refugee women’s cases are often dealt by under-trained personel and survivors may even be denied access to services. Indeed, a reccurring theme that came back during the interviews is that UNHCR and implementing partners’ service providers do not systematically believe survivors as refugees would often lie to obtain resettlement. Indeed ‘survivors of toruture and/or gender-based violence’ and ‘women and girls at risk’ are submission categories for resettlement. However, only 0.034% of the total refugee population in Uganda has been resettled in 2022.
Thus, many refugees argue that Uganda’s policies would force women refugees in a state of vulnerability as a way to attract international funding without allocating such funding to refugees themselves. Many feel like their stories are used for financial interest, ultimately objectifying survivors and replicating mechanisms of power at stake in the exercise of inter-personal violence.
This is to be analysed in light of a broader phenomenon of externalisation of borders whereby Global North States ‘invest’ in the so-called ‘refugee crisis’ so that refugees are contained in the Global South, directly impacting refugee women’s rights to be free from violence (amongst other issues).
One of last year’s main news concerning urban refugees was the huge crackdown in Gargaresh quartier in Tripoli, where the Lybian police broke into homes and temporary shelters and rounded up over 5000 men, women and children from Sub-Saharan Africa holding them in horrible conditions where torture and sexual violence were rampant. However, apart from this news, we know little about urban refugees and their conditions in the cities. Could you expand more on women in refuge living conditions outside Uganda’s refugee camps?
Yes, it is true that urban refugees and especially women refugees living in the city are the forgotten subjects of refugee protection, both in law and policy-making as well as in the scholarship. This is to be explained by a stereotypical vision of refugees as systematically living in camps or settlement and being dependent on humanitarian aid as passive recipients of charity.
In Uganda, around 8% of the total refugee population live in a city, mainly Kampala, and nearly half of urban refugees are women. Refugees have to demonstrate that they are economically self-reliant in order to secure a permit to move to the city which, in an of itself discriminates against refugees based on economic status, a form of discrimination that disproportionately affects women.
Refugees’ living conditions in the city are particularly difficult due to a widespread refugee-phobic climate and tensions with the host communities. Indeed, because of the carefully-crafted ‘safe haven’ narrative, refugees are often belived to be in a privileged position, benefitting from a monlty allowance, free health care and education and land. This being said, as soon as a refugee settles in a city, they are no longer entitled to such humanitarian aid. Many refugees try to set up businesses but report not feeling supported by nationals who are themselves struggling to live in decent conditions. Exploitation of financial difficulties are also reported including when it comes to accessing accommodation and employment.
Overall, all the participants to my research testify facing discrimination because they are refugees but especially for women who are located at the intersection of several forms of oppression due to their transidenty, disability or their status of sex worker for instance. Many women refugees testify of instances of corruption and sexual exploitation by police forces and government medical personel asking for money or sexual intercourse to women in order to provide a service that should not be sold.
At Large Movements APS, we would like to thank Maëlle for this interview, and commit ourselves to delve further into a topic that is still little discussed but – as we saw during this interview – has a huge impact in terms of human rights and gender issues.
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