Download WOMEN AND CHILDREN IN REFUGEE AND REFUGEE LIKE

TRACING WOMEN 'S AND CHILDREN'S INCLUSION
IN THE REFUGEE REGIME
Asha Hans
Coordinator Centre for Women's Studies
Utkal University
Regional Conference on
WOMEN AND CHILDREN IN REFUGEE
AND REFUGEE LIKE SITUATIONS IN SOUTH ASIA
The British Council Auditorium, Dhaka
12- 13 November 1999
Organised by
Refugee and Migratory Movements Research Unit
303820109Q
TRACING WOMEN'S AND CHILDREN'S INCLUSION IN THE REFUGEE REGIME
Asha Hans
Joining Kargil to Kosovo are thousands of men, women and children who have been forced to leave
their homes to find refuge amongst people who usually do not want them . Conflicts in different parts
of the world have created islands of refugees who are finding it increasingly d i fficult to find a safe
place . This increased hosti lity and apathy to people on the move is targeted towards both refugees and
Internally displaced people (IDPs) The majority of these populations on the move are women and
chi ldren . The women - chi ld dyad is supposed to range upto 80% of the total gl obal refugee
population . The UNHCR in 1977 provided sex desegregated data for four mi ll ion refugees, and it was
found that of those seeking its assistance 14% persons seeking refuge were under 5 years and half
were women (UNHCR, 1987:7).
There are global variations in demographic estimates available. No conclusions can be drawn on numbers
unless complete sex desegregated data is available. Besides, calculation of refugees has always been
difficult , as the kaleidoscopic changes in refugee movement especially large movements in developing
countries defy enumeration. What concerns workers on refugee issues is that women and children have
special needs, to which the international community needs to pay attention.
Gender Issues in Refugee Policies and Studies
Gender dimensions of ethnic nationalism is currently a dominant form of social change world-wide. A
change which is socio-cultural as well as political in aspect. Among the social change ethnicity and
religion, for instance are the reflection of culture and when politicised they perpetuate conflict. The
preoccupation with national, ethnic and cultural identity in the 1990s is significantly visible in South
Asia. There is concurrently a movement of refugee women and children,across borders into neighbouring
countries and some further into the developed countries. It is important to know how gender relations
affects these political and social movements and result in formation of refugee streams, and by the same
token are affected by these highly politicized forms of identity formation . Further as conflicts increase we
need to review the position of children in these streams.
The Missing Women
Gender issues became a concern in refugee policy and studies very late in comparison to concern over
refugees in general. In 1951, the Refugee Convention was adopted and the UNHCR established . The
mandate given by the General Assembly to the UNHCR was to provide protection to refugees and to aim
for durable solutions. The 1951 Convention was androcentric in character. The Convention mentions that,
'owing to a well founded fear of persecution for reasons of race, religion , nationality, membership of a
particular group or political opinion is outside the country o f his nationality is unwil ling to avail himself
of the protection of the country '. The male orientation was in keeping with the tim es (Tctley, 1997:1).
Indra argues that this omission il lustrates "the depth of gender delegitimization in ref u gee contexts (Indra,
1987: 3). No one would have disputed this male orientation , if women 's needs had been paid attent ion by
pol icy makers and implementing agencies. Feminist complaints as Greatbach argues go beyond the
language of the definition to the root of what gender based claims to persecution would look l ike, were it
possible to make them (Greatbach, 1989: 519). The problem was that under the UN system women were
as invisible and their specific concerns of not much interest to anyone for a long time, except i n a general
nature.
Some writers of refugee studies contend that despite the recent attention to th e socia l slalu.s of women
related to their political role and its impact on refugees it still remains the least researched area
(Moghadam, 1994; Moussa, 1993). Besides, as it is, literature in international relations presents basica l ly
amale dominated view <is Kcohanc ( 1989) and Grant and N ewland ( 1991 ) assert. Despite (he continuing
male orientation in refugee studies, the international community especially within the U n i ted Nations is
fr paying attention to women and children. The UNHCR has also widened its
coming
o t realise the need o
scope to include the displaced and environmental refugees. This recent attention by Humanitarian Law,
Human Rights, Women's Studies and involvement of civil society represented by a large numbers of
NGOs has pushed women's rights including refugee women 's rights in the international , UNHCR,
concerned IGOs and some national agendas.
Most refugee receiving states and states in conflict zones have still to recognise the importance of refugee
n to women, goes much
women 's issues and rights. What is of concern to those who study areas of concer
beyond what the international community sees as important . Women's issues for instance raise
conceptual issues regarding women 's status, of universalization and diversity, vulnerability and
empowerment, of role changes in insurgencies and wars. 1 would argue that the parameters of refugee
studies has to go beyond the conventional paradigm which includes the right to leave, refoulement,
resettlement and repatriation.
Tracing Women 's Inclusion in Ref ugee Policies
In refugee policy, women's issues started to be paid attention in the 1980s, There was a twin reason ,
because as more and more women became defranchised, more and more women concurrently joined
o t gender inequality began to surface within tliese
inter- governmental oraganizations. Frustration due
Women
were
now
in a place to act. Simultaneously there was also the
and
outside
it.
organizations
increased role ofNGOs and human rights activists in global policy making including on women 's issues.
This assisted in women 's issues rinding a space in the international and some national agendas.
In 1984, the Ministry of Social 'Affairs of Netherlands, in a study on sexual violence against women made
alandmark by studying gender specific violence (Neefand Reiter, 1984). It considered that, prosecution
o t cultural traditions, conditions of war made women
based on sexual violence, non-confirmation
vulnerable. This they found to be related to loss of protection of men and families, and especially when
religious or political groups threatened women in an attempt to reinforce their superiority (Netherlands,
Ministry of Social Affairs, 1984).
Following this report the Dutch Refugee Council stated that the persecution for reasons of a membership
of a special social group may also be taken to include persecution because of a social position on the basis
of sex (Dutch Refugee Council, 1984). Two years later they detailed the meaning and forms of sexual
violence, thus making visible women 's problems and needs.
In 1985, for the first time, the Executive Committee of the UNHCR took notice of the fact that women
asylum seekers who 'face harsh or inhuman treatment due to their having transgressed the social mores of
the society in which they Jive may be considered as a 'particular social group' within the meaning of
Article 1 A (2) of the 1951 United Nations Refugee Convention (UNHCR, 1985).
The Executive Committee of the UNHCR recognizing, that as women face certain hazards and threats to
o t them must be specifically mentioned and
physical security and sexual exploitation protection given
implemented (UNHCR, 1988). Following this, UNHCR gave shape to a specific policy on Refugee
women (UNHCR, 1990). Providing a broad framework to women 's issues the Executive Committee
n ational
decided that protection of refugee women must be guided not only by the relevant inter
instruments
such as
instruments relating to the status of refugees but also applicable human rights
CEDAW and the Nairobi Forward Looking Strategies on the Advancement of Women (UNHCR, 1990a).
Refugee Status, it suggested for women should be determined by CEDAW (199b).
Protection guidelines stressing on persecution based gender were realised by UNHCR in 1991. This
document also stressed that women who face persecution because of their membership should be
considered as a member of a social group for the purpose of determining refugee status (U N I ICR , 1991:
24). This guide came to form the basis of Refugee Status Determination (RSD) in a number of asylum
granting countries.
2
In Canada in 1993, the Supreme Court in the Ward case commented on two issues ofRSD
membership
in a particular social group and State Protection (Canada, Attorney General v. Ward ( 1993)
2 SCR.689).
The Immigration Refugee Board of Canada pushed matters further . In the Nambiar v ME 1 (
1994) 2
F.C.42 (T.D.) case, the Court considered any female who has demonstrated fear of
persecution in
connection
o t her public opinion in a country which has demonstrated fear of persecution in connection to
her public opinion in a country where oppression of women is institutionalised any independent poin t of
view or act opposed to the imposition of a clothing code will be seen as manifestaion of opposition
to the
established theocratic regime '.
Women 's problems during conflict and in refuge were not confined to UNHCR or Western
countries
such as Canada. In 1997, the OAU set up an African Women's Commission which looks into
confl ict
management and women 's role in it (SC / 1998/N25 Progress on Refugee Women May 1998). In South
Asia unfortunately no effort has been made to strengthen women 's rights.
Gender Based Issues
Arefugeewomen is the product of a system over which she has no control. In her journey from her home
o t exile and back she undergoes various transformations most of which are related to violence which
permeates her life. In conflict situations, women have always been considered part of the spoils of war.
This has repeatedly drawn the attention of researchers (Tetrault, 1993; Elshatain, 1987). The
existing
international refugee regime rarely provides her protection, to gender based and gender specific
persecution . The Convention does not automatically give refugee status to women based on gender
specific violence. In South Asia none of the member states are party to the 1951 Convention . In the
absence of an international refugee convention and political will , violation of rights of a refugee women
or use of gender specific violence such as rape continues.
Rape poses a continual threat to women. Women are vulnerable to rape whether displaced within the
country or when seeking refuge outside. They are targeted by soldiers, security forces, mi litants, camp
officials and other refugees. Other forms of gender based violence includes sexual humiliation ,
trafficking , forced marriage, prostitution , abduction and domestic violence. Rape by soldiers of women of
vanquished territories has been documented . In the 12"' century the Crusaders raped in th e name of
religion, Americans raped indigenuous women, German army in the First World War and Soviets in
World War I I raped women systematically. Rape was outlawed by the Geneva Convention of 1949 which
stipulated that women should be treated with all consideration due to their sex. Art . 27 (2) of the Geneva
Convention specified that women shall be especial ly protected against any attack in their honour in
particular against rape, enforced prostitution or any form of indecent attack . The increase in attacks
against civil ians from approximately 5% during World War 1 to more than 50 during World War II
increased the problems of women and children . As security forces in peace times increased, civil wars
created an environment of intense violence. During the 1980s Vietnamese women fleeing in boats were
targeted by pirates in the Gulf of Thailand . In 1992, UNHCR documented the sex u al violence of Musl im
refugee women who fl ed from Myanmar to Bangladesh . Since 1992, systematic campaign of (error
against Musl ims refugee women of Bosnia Herzegovina has been documented ((The State of the World 's
R efugees, 1993: 70 ; Andrcie-Ruzierie, 1999). In Kosovo in 1999 Serb forces have perpetuated large scale
violence against women . The women are still too traumatised to speak about it yet (Personal information
from Kosovo and Gordana, 1999: 2). Desecration of women 's honour to demoral ise the army came to
form an important war time strategy.
In 1994, the United Nations appointed a Special Rapporteur on Violence Against Women . Together with
her. Human Rights Commission monitors the compliance of States in cases relating ( o violence against
women .
The War Tribunals at Bosnia Herzegovina and Rwanda began to consider rape as a war crime. Earlier the
Nuremberg Tribunal had paid no attention to it, the Tokyo Tribunal had considered rape as a crime
against humanity. Till recently violation of a woman 's personal dignity fel l into the 'private ' and has not
been considered as a serious crime. In Bosnia the recognition of rape as a war crime and crime of
n ational War Crime Tribunal for the Former
genocide has been recognized by Den Haag the Inter
Yugoslavia (Andre- Ruziere, 1999). The first major breakthrough in recent years lias been by the
International Criminal Tribunal o
fr Rwanda (ICTR). On May, 1997 a brief was filed in the Akeyesu case
by a coalition of women 's human rights activists and NGOs including 35 Rwandan women 's coalition,
n ational Centre for Human Rights and Democratic Development (ICHRDD). In
coordinated by the Inter
September, 1998 the ICTR in its first conviction of genocide by an International Court or tribunal found
former Rwandan Mayor Paul Akeyesu guilty of 9 counts of genocide...,war crime. It is the first time an
inter
n ational court has found rape to be an act of genocide when it is committed with the intention to
destroy a particular group. The Ayeksu decision is a gigantic step in the protection of human rights during
armed conflict. Now rapeconstitutes as an act of genocide and sexual violations as war crimes and crimes
against humanity (Personal communication from ICHRDD).
Nurjehan Marwani, Canada's Chairperson of the Refugee Board defined this increasing violence against
women as going beyond sexual violence and includes sexual discrimination as a major problem (IRB,
Guidelines, 1996). Women's access to food and medical care has still not fallen under a first rights
guarantee, When states and societal norms act as barriers to women 's access to these fundamental needs
the interntational community does not consider them of either paramount value or issues in prioritization
of human rights abuse. Kelkar argues that defining violence as being only physical is an incomplete
concept, as violence also includes exploitation, discrimination, unequal economic and social structures,
the creation of an atmosphere of religio - cultural and political violence. He also argues that violence
against women also encompasses structural violence and forms of control and coercion exercised through
hierarchical and patriarchal gender relationships in the family and society (Quoted in Schiller, 1992).
Women in developing countries where poverty is an important component makes the redefining of
violence of significant concern .
Gender related persecution also involves domestic violence as well as persecution by state or societ
y . The
role of State controlled violence is exhibited without fear in states where a war/ civi l war situation exists.
Nations use violent acts of segregation, physical and mental torture , police brutali ty and economic
coercion for self-preservation and unity . The status of women is governed by these factors. It lias been
seen that violence where refugees are concerned takes different forms, depending on the situation. In
Cambodia fami lies did not get ration unless women cooperated (Kanwerayothin, 1989). In Nicargua,
Honduras and Guatemala control under military authorities meant trauma and abuse and silence (Spencer
Nimmons). In Kenya, Somali women were raped by local people when gathering fuclwood as they had
'raped their trees'.
Children and the Refugee Regime
The child as an issue of concern came on the international agenda in 1924, when the League of Nations
declared that they had rights. The refugee regime took little notice of this direction and the 1951
Convention paid no special intention to children seeking refuge. The issues of refugee children became
important only after 1989 when the UN Convention of the Rights of the Child (CRC) was formulated .
n ed protection and assistance. Goodwin Gill argues that the Convention lias
Article 22 specifically concer
no general derogation clause for times of emergency and may ensure that in some circumstances children
are better protected than adults (Goodwin-Gill, 1996:257).
The UNHCR in 1994 brought out Guidelines on the Care of Refugee Children which recognized
children 's needs before, during and after refuge. This was strengthened in 1996 by the Graca Machel
Report and presented to the General Assembly as the Impact of Armed Conflict on Children. It
documented the plight of refugees and displaced children separated from their famil ies, physically
abused, exploited and abducted into military groups and perishing from hunger and disease. The
Assembly while incorporating a number of recommendations especial ly appointed d Pcrin<incnt Special
Representative of the Security General on Children and Armed Conflict (UNICEF, 1996).
As a response to this study the UNHCR 's Executive Committee defined new programm es for children
and adolescents for all phases of UNHCR operations and therefore included reuni fication, military
recruitment and sexual education, health services and reintegration (UNHCR
, 1997 in Boothby,
Amertunga and Abramson, 1997: 1-15).
Issues in Refugee Children 's Lives
The problem of refugee children is connected to children 's roles in war. An estimated 250,000 children
under 18 are supposedly serving gover
n ment and insurgent forces (Bret and Mccallin, 1996). While
women and men join war as consenting adults in the case of children there can be no volunteemess and
the trauma and o
tu
tre
r
they undergo is imposed (Victorian Foundation for Survivors
of Torture, 1996).
Children as Levine argues suffer from flagrant violation of their
rights to life, health, education, an
adequate standard of living, protection of abuse, exploitation , neglect,
oppression, discrimination and
recruitment into the military (Levine, 1997: 6).
Flora MacDonald, human rights activist imprisoned during the Kosovo Crisis, speaking after the Bosnian
Crisis suggested that since children presented particular challenges, especially as many had fought as
child soldiers, for these children reconstruction meant rebuilding
their fractur ed lives which required the
services of psychological professionals on a scale that had never been
mobilized (UNHCR, 1998).
Leaving home has a profound physical emotional and psychological
impact on children. This affects their
mental and physical development. Refugee children's lack of access
to health, food and schooling is
universal. Born in refuge where there are no RCH services and
to mothers who themselves are
undernourished children 's health remains an issue of concern. This becomes
much more when the mother
lias been raped and faces psychological trauma. Young girls have also
been known to be victims of STD
and HIV as a result of rape. Many girls take to prostitution (UNICEF,
1996; UNHCR, 1997).
Unsanitary conditions in camps especially in developing countries where
there breaking out of water
borne diseases is common, infant mortality is high. There is also high levels of psychiatr
c
i problems
among children separated from their fami lies. They face threat from
insurgents who try to recruit them.
Child soldiers escaping ( o refugee camps are always threatened by violence.
Literacy su ff ers as there arc
few schools in camps.
In 1992, 125,000 Sudanese child soldiers crossed into Kenya (The State
of the World 's Refugees, 1993:
73). Unaccompanied Bosnians from Serbrenica in 1993 were targets of adoption rackets (The
State of the
World 's Refugees, 1993: 73). Sri Lankan Tami l chi ldren in India have
remained hidden as destit utes
falling prey to hunger, ill health and crime.
Looking After Refugees
Refugees are the responsibility of the international community. As many
countries have not signed the
1951 Convention they arc not bound by its legalities. Even signatori es
of the Convention arc known more
for contravening the Convention than being governed by it. Refugee women
as they are not considered as
economic assets are the last to be considered for asylum. Canada which has a gender sensitive policy lias
seen fewer women refugees find asylum. As per the Canadian Council
of Refugees (OCR) data the
principal women applicants and dependants were 44% in 1996, 42.4% in 1997
and 44,5 % in 1 998. Of
these women as principal applicants were only 30.8% in 1996, 28.3 % in 1997
and 3 1 .5% in 1998 (CCR,
1999).
Looking a
e
tfr refugees falls usually to host states and communities . This is not an
easy task and
sometimes considered as unpatriotic. The Women in Black against War in Belgrade,
for instance in
October 1998 circulated their stand despite physical threats while others refused
lo help refugees. They
staled ;
Iconfess :
That I fed women and children in refugee camps,schools churches mosques
That I o
to
k care of others while the patriots took care of themselves
The UNHCR as it has promoted gender specific policies and has tried to assist women in refuge with
special policies . Their job does not end in refugee camps but continues
o t resettlement . This is of special
concern with land mines creating a war like situation even after peace is established. For instance in
Croatia 10% of its territory is still covered by landmines, creating problems for women and especially
children (Gordana, 1999: 2). The Women at Risk Programme of the UNHCR lias been formulated to
enhance the eligibility for refugee women exposed to additional risk due to their particular vulnerability.
Refugee Women and Children in South Asia
Refugees in South Asia are the result of dynamic political changes. Women and Children (0- 1 7) form the
largest numbers in the Sub-Continent as elsewhere. UNHCR data which is limited to only a small
percentage of refugees in South Asia taken as a sample shows as below that refugee women and children
n :
are of special concer
Their population is in Pakistan 76 %, India 97%, Bangladesh 73% and Nepal 87% (UNHCR, 1998: 6163). Detailed sex desegregated data of Sri Lankan camps in India showed that 54% were women (Hans,
1996). No data was available on children, but from the camps it was obvious that there were few
adolescents as recruitment from camps was regularly carried out.
The South Asian nations are not signatories of the Convention. None of the countries have a national
Law. In the absence of a law rel iance can only be placed on municipal law and international conventions.
It is a patriarchal belt where women's role is defined by society and religion . In refuge sometimes the
religious orders play an important role as in Pakistani camps where Afghan women have sought refuge.
In South Asia, Sri Lankan women have faced sexual assaults at the hands of security forces, the LTTE
and the Indian Peacekeeping Forces (Hoole). Gender specific violence is common, and the same women
have been open to abuse by security forces and pol ice in India where they sought refuge. In Afghanistan
is another country ravaged by a conflict in which civilians, far from being protected by their non combatant status, have been deliberately targeted and where women, far from being protected by their
gender have been attacked because of it (Amnesty International, 1995; 34). In Pakistan where they sought
refuge they have been targeted by religious leaders.
Chakma women left their homes because they were facing torture and sexual violence. Women between
the age of 13 and 60 were raped by soldiers and Bengali Muslims (Jana Samhati Samity : 35, 45, 60). The
same groups of women in India have been subject to molestation by local population . Children in refuge
have faced fear, chronic i ll health and decline in their standards of living.
Contextualising the problem
Iwill contextualize the problem of refugee women and children through two refugee streams in India.
The first the Afghans in Delhi looked after by UNHCR and the second the Sri Lankan Tami ls in Tamil
Nadu under the care of the Government of India. I wil l also look at the Displaced women and children of
Kargil.
Afghan refugees have been coming into India since 1979 after the invasion of the country by the Soviet
Union. It has been one of the world 's largest case loads of refugees. Most have found refuge across the
border in Pakistan . Some have found their way to asylum countries such as Canada and tlic United States.
As per UNHCR figures there are a total of .......Afghan refugees. Of these . . . . . -are in India, arc male
are female. All Afghan refugees in India are under the care of UNHCR. They arc considered by
and
India as foreigners temporarily residing in India . They arc thus subject to the Forcignci-i; Act of 1946.
There are two groups of Afghans seeking refuge in India, both having a near equal representaion . One are
the returnee Indians, who mostly migrated to Afghanistan approximately 400 years ago. The others are
ethnic Afghans fleeing the country due
o t a variety of political and religious reasons. While the Afghans
of Indian origin can find a home in India, the ethnic Afghans are only entitled to a temporary residence
till they find a third country resettlement. As this has not been easy most of them have resided in the
country for more than ten years. Languishing in India among the persons seeking third country
resettlement arc a number of Sikhs.
The Afghan group is UNHCR 's second largest urban case load in the world . They are provided
residential permits in India which need to be updated regularly. Many do not have passports or any legal
documents, making their stay in India difficult. They can be imprisoned or deported at any time .
Till recently the Afghan refugees received complete payment from UNHCR . There were a number of
complaints regarding their high l ife styles in comparison
o t not only other refugees in India, which meant
increasing pressure on the government to increase payments to refugees under its care, but also
complaints by local people. In 1995, after conducting a study the UNHCR made provisions for th eir
training and a one time grant for self employment. (UNHCR , 1997: 60). Though subsistence need of
women , the disabled and the elderly continued to be met there were many problems initially . This
affected the women the most, especially single headed households. Reports of suicide arc known as a
result of this withdrawal .
Though legally employment is not permitted in India, many Afghans have been able
o t n
fid jobs and self
employment opportunities . Lacking skills and training, women have always faced the problem o f
unemployment. Recently, with the assistance of UNHCR many women have been trained and joined or
opened beauty palours. There lias been resistance from religious heads but women have withstood it. As
health care is provided by the Voluntary Health Association of Delhi it makes their qual if y of life better
than before. In spite of this health input, Afghan women's health remains a matter of concern. With a
decade long stay in Delhi, without the existence of extended families they arc prone to Post Traumatic
Stress Disorders (PTSD). They have very low self esteems and many are increasingly open lo domestic
volencc.
In regard to children,the basic problem is education. As the fiscal assistance is not suff
i cient, to meet the
demands of an English education, many Afghans have to study in Hindi schools. This makes their
resettlement difficult. Professional schools and University are also inaccessible due to their high cost.
This has become a perennial problem for Afghans especially those who are themselves highly educated.
i d jobs nor can their children be educated the way they were. Many of these children
Neither can they fn
take up drugs and become extremely violent. A whole generation of Afghans have thus been lost.
t pressure by the government of India on
Since the Kargil war in 1999, there has been increasing cover
A fghans to leave (lie country. As Arianc Air has been refused landing facil ity Afghan refugee entry has
been stopped. The fear of detention among refugees is very high, especially in the case of male refugees,
including adolescents. The women live in constant fear of husbands and sons being sent to prison. Many
have lost their jobs as sales persons or in the beauty parlours. Parlour owners, in fear of police t hreats
have asked them to resign. The financial problems of women who relied on these jobs , lias increased. The
money from UNHCR is not sufficient and many face forced eviction from their rented homes and near
starvation.
In the Kargil conflict the number of persons displaced are supposed to be approxiametely 3,000,000
(Government of India). The majority who moved were women and children and most have returned to
rm
f
the border areas of Kargil, Drass, Batalik, Punjiih ;in< l west Jammii
their homes. The displaced wereo
and kashmir. Kargil lias ;) very low density populat ion and even t hough t he conHicI w;is in Kashmir,
those forced to flee their homes were mostly from Punjab.
Inspector General J.P. Birdi estimates that over a quarter of million people left their homes on the Punjab
border. The worst affected being Khcm Karan and Khaira sectors from where people mostly moved to
Taran Taran or Amritsar. As people living in these areas suffered heavily in the 1965 and 1971 wars this
time round they were prepared and moved the women and children out of the expected war zone (Birdi,
1999). Since partition the violence associated with displacement has not stopped in these women and
children's lives. In Kashmir, in places other than the Line of Control (LOC) for instances from Kupwar,
Uri, Gurez in Kashmir and Poonch and Rajauri in Jammu most people have moved on their own. In
neighbouring Himachal Pardesh, in the Chhamb region people joined this exodus.
On the LOC, most people have not moved on their own. The village of Toko was empty in June- July.
Villagers from Chaukyal were shifted
o t 'safer areas'. Somat, Leh and Gagangeer became home to
many. While men were recruited by army to carry out menial work, the women and children were shifted
o t safety. The men were not o
td
l where the families were being shifted resulting in searches from missing
members. The facilities and financial assistance from the gover
n ment is bare minimal .
The women have been dispossessed of their ownership of goods and autonomy exercised within their
homes. They have been removed not only from their homes and families but also their communities and
all that is well known to them. In this vacuum they have created an island where they have learned
ot
manage their survival needs. Though isolated they manage
o t support themselves and their children. In
the short period of displacement they lear
n ed to network with local communities and mastered the a
r
t of
negotiating with local bureaucracies. They have proved that women when in refuge or when displaced
though vulnerable are also empowered .
In the case of Sri Lankan refugees most live in camps, whi le some do live outside. Those in camps are
provided rehabil itation facilities by the Government of India. Those living outside the camps are
financially independent. They receive money from abroad from relatives or friends. Outside the camps
are also adolescents, mostly boys. These were earlier on run from the militants and did not remain in
camps o
fr fear o f recruitment. Most were destitutes. Today most of those who stay outside arc youth
involved in criminal activities, selling drugs, smuggling or petty crimes. Many on the coast have joined
fishing communities for a living. As these youth have been living outside the camps and most are
unaccompanied minors they have not continued their education in India.
The women in the camps have been living here at least since 1990-91, some came in 1996-97. Those who
came earlier went back after the 1987 Indo Sri Lanka Pact. They live in large wel l designed camps with
medical and other facil ities as at Mandapam, or in small circular storm shelters lining the coast of Tamil
Nadu . Their lives revolve around daily needs which remain unfulfilled . A cash dole which is not
sufficient, a ration that is at a starvation level and difficult to get. They face increasing domestic violence,
stress and despise of local communities. Despite this their lives are better than those displaced in Sri
Lanka, they are safer physically, have access to health facilities and education for their children . Many
facilities were withdrawn after the assassination of Rajiv Gandhi, but some were restored though, not all
such as a higher education quota. Women have learnt
o t adapt to local norms of behaviour and customs,
or in some cases found methods to circumvent it. For instance, in Madurai where some refugee women
had taken to prostitution , they started to speak in the local Tamil dialect. They have been exposed to
molestation by local security forces but found ways to overcome it. Their stories are of change and of the
power
o t meet challenges.
Conclusion
The refugee regime has come a long way since 1951. It has been based on certain rights of the individual
and responsibilities of me States. The South Asian States are not signatories of the Convention, but as
refugee receiving States India, Pakistan and Bangladesh are represented in EXCOM and arc therefore
part of the international refugee regime. As signatories to most Human Rights Conventions including
o t protect women 's and children 's rights, and refugee women
CEDAW and CRC they have promised
cannot be left out of this group. Under such circumstances analysing the needs of the three streams of
women and children, one can argue that their rights have not been completely fulfil led. Besides, women
arc discriminated against in their societies and continue to do so in refuge, the host State lias not
intervened in cases of violation .
8
Taking an overall view there are certain issues which need attention . Among these is
the situation of
Afghan refugee women in India. While India has given them asylum since 1978-79 and
allowed them to
stay their stay has been in many cases traumatic. The government of India needs
to review its policy
towards them . Tliere has to be stability and safety in refugee lives. The international
community has not
co-operated as third country resettlement for them has been limited to very few numbers forced on
countries by UNHCR . In the case of the Kargi l War displaced, India does not allow any
interference due
to 'national security' reasons resulting in no control of the State over cases of human
rights abuse. The Sri
Lankan case shows a lack of empathy by the international community towards refugees.
These arc al l
nowhere people in a nowhere place .