Tortured exiles in danger of secondary victimization
South African law provides for the protection and care of those who have been tortured in their home countries and wish to seek political asylum. A recent analysis of the health needs of exiled torture survivors living in South Africa shows a gloomy picture.
The study estimates that as much as 13,500 tortured exiles are
in need of health services, and very few of those are receiving
appropriate treatment.
The report "Human Dignity Has No Nationality", conducted by the
Centre for the Study of Violence and Reconciliation and funded by
the RCT, draws attention to the fact that the South African
government has not yet met its obligations with respect to the
domestication, implementation and monitoring of the principles laid
down and ratified under the United Nations Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (UNCAT).
Despite being tortured, only 8% of the exiles participating in the
study had been granted refugee status, with 80% currently listed as
asylum seekers. The majority of exiles had been in the country for
at least two years with some having been in the country for six
years of more. 65% of the exiles were in need of health care, while
another 66% wanted assistance with mental health issues. The data
confirms other research which demonstrates that the impacts of
torture on health tend to be both multi-faceted and lasting. Only
20% of the exiles felt that they had recovered from their torture
experiences.
No short cut to refugee status
One very disturbing finding to emerge from the study is the high
proportion of asylum seekers in the sample. Earlier studies of
exiles in South Africa (including people with and without a torture
history) have showed that 60% were asylum seekers and 40% had
managed to secure refugee status. In this analysis, comprised of
exiles all of whom have a history of torture, 80% were asylum
seekers while only 20% had been able to secure refugee
status.
Given that a person who has been tortured in their country of
origin is much more likely to meet the criteria for refugee status,
this is surprising and very worrying. Could it be that for a
history of torture makes it more difficult for people to get
refugee status?
The data in this study suggest different explanations. One very
possible answer is that the hardships involved in the application
process disproportionately disadvantage tortured exiles as compared
with their countrymen and women who have not been tortured.
Ironically, the people who are most clearly deserving of refugee
status end up being least likely to receive it, a cruel secondary
victimization.
Victimization once again
Over and over again, tortured exiles describe the hardships and
frustration of the asylum seeking process. They speak of lack of
information, queuing for days and nights on end without adequate
protection and food, violence breaking out among waiting asylum
seekers, and rude, corrupt and incompetent officials. This may be
one of the reasons why so few torture survivors in the study have
refugee status. For most torture exiles the realities of the
current asylum seeking process have to be disproportionately
terrifying and arduous.
The physical consequences of torture often involve such symptoms as
muscular and skeletal pain that is exacerbated by long periods of
standing, and of nausea that is exacerbated by poor diet and
dehydration. The psychological consequences include depression
which makes it very difficult to find the energy for prolonged and
frustrating enterprises, and anxiety disorders which leave people
hypersensitive to triggers associated with violence and
danger.
Invisible fates
Torture and its consequences remain largely hidden from the
official and public eye because the subject is off limits. Only
half of the tortured exiles in the study had informed refugee
reception officers that they had been tortured. Others did not
either because they had not been asked or because they were afraid
to talk about those experiences.
In many cases torture remains a hidden aspect of refugee and asylum
seekers' lives. Accordingly, it is essential that torture cases are
consistently identified, documented and met by care providers and
social services during the asylum seeking process.
Call for urgent action
The study concludes that if South Africa is to continue to deserve
its international reputation as a country in which human rights are
valued and protected, it is essential that services to asylum
seekers and refugees are urgently improved. It is hoped that the
report offers some starting points for how these services might be
more effectively provided in the near future