Nadia Siddiqui, Sajida Ismail, Meg Allen
The WASP research project was a trans-national study of the complex issues
which impact on Pakistani women who might seek refugee protection in the UK
against domestic violence. In the UK, the study was principally concerned with
examining the ways in which the Home Office’s Border and Immigration Agency,
the immigration judiciary and other relevant service providers address the legal,
welfare and other support needs of Pakistani women as asylum seekers. In Pakistan,
the focus was to examine the nature and extent of domestic violence, of service
provision to protect women across all sectors, and to document women’s
experiences of attempts to gain safety. It also examined the reality of women’s
attempts to relocate intra-country, with particular reference to the internal
flight concept.
The research raised a wide range of issues which are addressed in depth in the
report; here we highlight some of the main themes which emerged from the study.
1The concept of ‘refugee protection’ – As a form of safety against domestic violence this was an unfamiliar concept to many women and service providers in Pakistan.
2The diversity of women’s experiences – There was a need to deconstruct understandings of domestic violence and build a strong conceptual framework recognising the diversity of women’s experiences. This necessitated a move away from singular ‘culturalist’ notions of violence and instead an examination of the interplay between gender, culture and race.
3The context of violence – Our analysis highlighted the ways in which structural, political, cultural, and racial frameworks in Pakistan and the UK were central to the creation of conditions in which women could be subjected to violence. In the UK, for example, this was indicated by fundamental inadequacies and injustices within the immigration and asylum system, whereas in Pakistan, this was demonstrated by the way in which religious and cultural norms were bolstered by a corrupt political system. Our analysis indicated that a credible political, legislative and judicial framework in Pakistan which demonstrated a genuine resolution to end violence would significantly influence Pakistani society’s perception and treatment of women.
4Perceptions of Pakistani women asylum seekers – The research indicated that the prevailing perception within the UK asylum system is that the ‘typical’ Pakistani asylum-seeking woman is an economic migrant. Women who seek asylum are often constructed as ‘immigrant women’, who are defined by their connection to practices such as arranged marriage and gender subordination, which are perceived as somehow ‘backward’(Gedalof, 2007). Within this representation Pakistani women are firmly sited as homogenised symbols of unchanging cultural traditions and so are inevitably ‘victims’. As a result any claim a woman might make to a particular experience of victimisation remains obscured. The claim of victimisation by a Pakistani woman becomes less credible when seated within such constructions and the focus can more ‘plausibly’ shift to the suggestion that the desire or need for economic gain is central to that claim. This analysis highlights a specific experience of domestic violence that is structured by a ‘minoritised’ woman’s minority status as an immigrant or asylum seeker. It exposes the fact that in domestic violence discourse, there has been a tendency to privilege ‘gendered’ experiences of domestic violence over ‘race’ or cultural identification.
5The role of women in Pakistan – Within Pakistan, much of our material
drew attention to Pakistani society’s perception of the specific nature
of the role of women hindering women’s potential for progression to independence.
Significantly, within the UK’s asylum system similar conceptualisations
of Pakistani women exposed flawed approaches to decision making. These included
difficulties in grasping complexities within women’s circumstances, for
example, whilst some women lived as ‘lone’ women, they did this at
the risk of experiencing ‘legitimised’ harassment, potential harm
and also risked serious consequences for their ‘reputation’ and their
family.
1Minoritised women – ‘Other’ women who are similarly presented
in problematic terms, include ‘abandoned women’ and non-Muslim Pakistani
women (for example Christian women) and Ahmadiye women. These women do not fit
into existing models of asylum and do not fit into prevailing conceptualisations
around gender, violence and national responsibilities for service provision.
2‘Culture of disbelief’ – The research revealed a continuing
‘culture of disbelief’ with the Home Office which contributed to the
difficulty of evidencing violence in asylum cases. Evidence in domestic violence
asylum cases consists of ‘subjective’ and ‘objective’ material
although our analysis suggested that most Pakistani women are not able to present
such a body of evidence, and, furthermore, however compelling such evidence
might be, would not succeed in persuading most decision makers. They identified
a number of specific factors connected to women’s class, women’s own
perspectives and understanding of violence, the nature of the Home Office’s
COIS country reports, the role of expert evidence, and the ‘culture of
disbelief’ which appeared to pervade decision-making.
3Internal flight – The controversy surrounding the concept of internal
flight stems from the lack of uniform and principled application of it by decision-makers.
Despite this confusion and lack of consistency, it is increasingly used to deny
Pakistani women asylum when they cannot produce ‘enough’ or ‘appropriate’
evidence to negate it. Whilst decision-makers appear willing to attach some
importance to the impact of internal flight on children, there is insufficient
consideration of potential harm to the mother. Developments on the meaning and
scope of internal flight are ongoing in asylum case law. Nonetheless, as indicated
in the preceding section, the credibility of evidence on concepts such as internal
relocation is perceived to be undermined by the notion of a pervading ‘culture
of disbelief ‘.
4Service provision in the UK – Domestic violence support services in the
UK were consistently perceived to be poorly resourced, thin on the ground, over-subscribed,
culturally unaware or, at times, culturally inappropriate. These were also described
as being at their most inadequate at ‘crisis point’ leading to ‘service
breakdown’. A common perception, particularly of the statutory sector,
is that they were often unwilling to intervene; whether that was due to complacency
or to avoid being culturally insensitive. Service providers could unwittingly
reinforce negative cultural perceptions of Pakistani women by simply failing
to respond to women’s needs. Services which specifically came under scrutiny
were those provided by interpreters, the police, legal practitioners, health
and social care providers, and women-specific services. Criticisms of Home Office
policy and practice which contributed to the perpetuation of violence against
women also pervaded much of the discussions. These failures in practice were
seen as potential deterrents for women who might be considering seeking protection
from violence. A woman’s fear of racism from service providers, and from
the immigration and asylum system, was more likely to limit her disclosure of
violence and keep her in violent circumstances. The immigrant-specific factors
which exacerbate Pakistani women’s already vulnerable position illustrate
the critical point at which these women are likely to retreat from services,
a point at which they are most likely to need them. What is often deemed to
be culturally-sanctioned behaviour renders many women silent with fear, undermining
self-protection to safeguard family honour.
5No recourse to public funds – the rule on ‘no recourse to public funds’ (NRPF) came under criticism in the research as did the system of accommodation and support administered by the Border and Immigration Agency (BIA; formerly administered by NASS). The NRPF rule now represents a major and serious barrier to accessing services and justice. It is regarded as underpinning the reasons why many women with insecure immigration status are unable to leave violent relationships. The asylum support system in the UK presents further problems. Contradictory responses from the BIA to women’s refuges concerning provision of resources for bed spaces have led to much confusion about its stated policy and implementation of it, a problem compounded by inconsistencies in practice across different regions.
1Service provision in Pakistan: service ‘breakdown’ – There are parallels which can be drawn between deficiencies in both UK and Pakistani provision, although the particularly severe lack of provision in Pakistan creates extreme difficulties and issues for women who are fleeing domestic violence. This inadequacy of service provision in Pakistan can be seen at all levels, from legislation through to over-subscribed women’s shelters which are limited in number and in resources, and crucially, to the lack of rehabilitation or aftercare. There is no system of state care or re-housing for women made homeless following violence; this fact alone plays a major role in the decisions many women make to return to violent relationships, exacerbated by their weak socio-economic position, lack of education and financial dependence. Additionally, the attitudes towards women who attempt to live without a male relative that pervades society in Pakistan results in their isolation and ostracism, exposing women to further risk of harm.
2Shelters in Pakistan: specific concerns – The majority of shelters are grossly under resourced and offer very poor or no childcare provision. Policies within shelters which exclude boys over the age of five create severe dilemmas for women, and provide disincentives to access shelters. They are usually overcrowded, provide sub-standard facilities, rarely have a key worker system, offer poor working conditions, no casework supervision, and no training or worker accountability. The workers often appear to run shelters with very little input from trustees. Life after leaving a shelter often means returning to a violent situation, remarriage or returning to the natal family if they are willing or able to allow her access. In the absence of any of these ‘options’, women are often open to sexual exploitation to support their children and to avoid destitution.
3Services for young women and girls – The absence of specific provision for young women and girls, reinforces the complex relationship between perceptions of girls in particular, as adult women, and the lack of attention to their specific needs in domestic violence contexts.
4Building an infrastructure for service provision in Pakistan – Given the poor state of service provision for women in Pakistan, a thorough review and evaluation of existing services and of future need in each of the regions, including both rural and urban areas, is urgently required to begin the process of building infrastructural support which can respond to women’s crises speedily and effectively.
5Training for service providers – Calls continue in the UK and in Pakistan for ‘cultural awareness’ training and training on domestic violence issues for the diverse services we interviewed. However, appropriate training, whilst vital, does not represent an adequate response to attend to the many complex themes which intersect in numerous and harmful ways. ‘Cultural’ movements in attitudes and behaviour are equally, if not more critical, to laying foundations for protecting women.
6Consequences of domestic violence – Globally, gender discourse now links violence against women to broader issues of national welfare and development. Women’s isolation, contributes to their ill-health and lack of well-being. In many situations women ‘disappear’, whether from familial threats or, as in the UK, from the threat of detention and removal. This has a direct consequence on their ability to access services and support. Access to education, employment, good health, shelter, financial security and mobility, enabling women to progress and to live as independent and free citizens, is deemed to be ‘good for the nation’. Impediments such as physical and mental ill-health resulting from violence, its impact on their ability to become educationally and economically active, and to participate in public life, for example, by making an economic contribution to national development, is likewise deemed to have far-reaching consequences for women, children and society as a whole. Beyond this, there is a need to take into account the underreporting of the cost to society of the intergenerational transmission of violence and of the ensuing resource implications for protecting and empowering victims/ survivors.
7Children – This study aimed to primarily focus on adult women and not
on children. We identified a range of situations in which women are defined
by their ‘childlessness’, mothers are themselves treated like children,
and where children are deemed to be women. For this study, the overarching feature
of these complex intersections was the nature of (predominantly) male power
and control, manifested through domestic violence, to regulate women and (usually
female) children. This raised two key issues: the role of children if they are
present when domestic violence takes place and effects on them not only of what
they witness, but also of the process of accessing safety which they subsequently
experience. The central challenge is to continue to find appropriate ways of
recognising the ‘indivisible and interconnected character of rights’
whilst meeting the particular needs of women and children.
State provision for protecting children in these situations in Pakistan and
the UK presented the study with surprising information. Whilst there is differential
state treatment in the two states on the basis of child protection, support
provision for children and custody matters, it is necessary to again bear in
mind some parallels. The UK has entered reservations to the UN Committee on
the Rights of the Child with regard to protecting their rights to legislate
on immigration and asylum control, enabling the UK government to limit its international
responsibilities to non-British children.
1Pakistan and the UK – Throughout the study we have focused on different,
yet linked elements of systems and practice within the two countries. Structural
commonalities within the different national contexts emerged, maintained by
laws, political structures, cultural norms and socioeconomic barriers, which
maintained women’s subjugation. The corpus of material on Pakistan presented
a complex picture, demonstrating both the commonalities and differences across
regions and cultures within Pakistan. The lack of a welfare system in Pakistan
has exposed numerous women to the risk of destitution and yet, within the UK,
the ‘no recourse to public funds’ rule is recognised as keeping many
women tied to violent relationships. The inadequate regulation of the NGO sector
in Pakistan has contributed to the provision of chaotic, oversubscribed and
under-resourced services; conversely, in the UK, the regulatory bureaucracy
and audit culture has hampered many service providers from responding effectively
to women’s needs when they most critically need help. The intersection
between abusers’ tactics in Pakistan and in the UK is indicative of the
heightened dangers women face. Much of the interview material in both contexts
described the connections in Pakistan between men, family members, the police
and other state agents which effectively coerce many women to remain in violent
circumstances; in the UK, the intersection between an abuser’s tactics
with state laws demonstrates a similar process of ‘collusion’ in the
abuse of women.
1.19. Safe to return? – In Pakistan, women are required to travel vast
geographical distances and to overcome considerable practical, cultural and
psychological barriers to seek safety. Conversely, the vastness of geographical
possibility within Pakistan is frequently relied upon in UK asylum and immigration
contexts as an opportunity to relocate to ‘safety’ without ‘undue
hardship’. The tensions presented by these opposing positions suggest a
need to explicate what ‘safety’ in the context of this study means.
Notions and concepts of safety, commonly associated with the provision of and
access to physical, material, structural, social and psychological support are
heavily circumscribed. This study has demonstrated the limited and temporary
circumstances in which women reach a ‘place’ which can be deemed ‘safe’.
The specific conditions relevant to women in both Pakistan and the UK (where
they may face involuntary return), place most women in circumstances which,
rather than offer safety, heighten potential danger.
2.There are similar tensions when considering where in Pakistan a woman should
‘return’. This study demonstrates that women cannot return to the
place, house, family or situation from which they have fled. A woman’s
return therefore has to take her to a new ‘place’ within Pakistan,
but her safety is not assured by geographical distance since, for example, she
is likely to lack support networks, be isolated, and be unable to retain anonymity.
In a UK context, return is more commonly associated with an involuntary process
of removal to a ‘safe’ airport in the country of origin, beyond which
the UK state is absolved from any further responsibility. For the purposes of
this study, this is indicative of further structural parallels between the UK
and Pakistan and misconceptions concerning the nature of ‘return’
and dangers to women.
2Potential areas for further research
• Further quantitative and qualitative evaluation in both the UK and Pakistan
across a wider geographical remit following up barriers to, and gaps in, legal
and other support services that have been identified in this study.
• Examination of how the interests of children and women do and do not
relate in cases in which domestic violence and asylum issues intersect, in a
national and trans-national context.
Specifically with regard to children, the impact of these issues on their physical
and mental health, their well-being, education and their perceptions of how
systems and services operate to protect them. Additionally, the nature and extent
of provision in shelters for children, the interface between shelters and other
services providing for children both in the UK and Pakistan and the particular
challenges for children in these contexts.
• Further study of developments in the definition of ‘membership of
a particular social group’ in relation to evolving and emerging concepts
and definitions of violence. This should include an exploration of how, keeping
in mind the importance of the Convention ground, it nonetheless gives rise to
conceptual challenges imposed by tensions between notions of particularity and
generality as applied to Pakistani women.
• A detailed investigation into the long-term physical, and psychological
effects for Pakistani women and children of seeking refuge and protection against
domestic violence.
• Research to devise and develop services in the UK and in Pakistan in
ways which offer positive interventions for Pakistani women who experience domestic
violence, specifically services offering mental health support. In Pakistan,
this applies specifically to the development of shelter and crisis centre provision,
not only in the context of building on the physical infrastructure of these
support services, but also ways in which ‘holistic’ services are best
utilised.
• An examination of the impact of new and emerging legislation in the UK
on immigration control and on domestic violence in Pakistan.
• A consideration of the findings of the Independent
Asylum Commission’s report, due for publication in 2008.
• Beyond Pakistani women, research to identify and establish appropriate
links and experiences of other women nationals who seek refugee protection against
domestic violence.
As this report goes to press, President Musharraf’s imposition of emergency
rule, suspension of the judiciary and corresponding unrest in Pakistan continue.
It is indeed a volatile and uncertain situation. The complexity of the relationships
between domestic violence and cultural and political structures in Pakistan,
including the parallel legal and administrative systems, means that much more
than a cosmetic change of personnel, or even legal reform, is needed to alter
this situation. Rather, changes that will make a significant impact on domestic
violence rates, and service provision, will need to be structural and systemic.
It is anticipated, therefore, that the analyses presented in this report will
remain of substantial relevance until such time as the structural, legal, and
systemic shortfalls and problems identified here in both the UK and Pakistan
are addressed.