Friends
It was around 7 or 8 pm – there was no moon….I was preparing the food [in front of the hut] and someone arrived saying he was a visitor for me…he said he loved me and I would be his wife but I said ‘I’m not here to look for a man’. He was just saying nonsense but he wouldn’t go. He began to grab me – he was very tall, like 2 meters, and he [lifted me] like a baby…I couldn’t move…I said ‘My God, if he has Aids I’ll get it and die and I’ll never see my children’ so [I prayed]…He couldn’t [carry] me into the house because the door doesn’t open wide enough. I said I would report him to the police and the commandant, and he said ‘What can they do to me? These are rapes happening in our country right now that Ugandans like Peter Simon Okurut justify for they are selling a concept that if you are a woman in a war zone you must walk with your pants off. It is okay to rape women because it happened in Vietnam. And seriously that is the reasoning I keep on getting from UAH membership. Refugee Law Project Working Paper No. 20 has a heading “GIVING OUT THEIR DAUGHTERS FOR THEIR SURVIVAL” REFUGEE SELF-RELIANCE, ‘VULNERABILITY’, AND THE PARADOX OF EARLY MARRIAGE . We are gladly posting from page 14. Friends we so need to discuss Acholi violence but candidly. 1.1 Sexual Harassment, Peer Pressure, and Early Marriage In all settlements visited, refugees recognised the fundamental connection between early marriage and education. All refugee youth—even those with some means of financial support— face a variety of obstacles to their education, including the cost of school uniforms and supplies and the need to help parents with agricultural activities, particularly at planting and harvest times. Girls must surmount additional impediments that are often justified on the basis of culture, including the gendered-division of household labour and the popular perception that sending girls to school is less likely to benefit the family. As one young woman explained, in addition to directly forbidding their daughters from attending school, some parents indirectly discourage girls from studying: The girls [aren’t given a] chance to read in the night. When you come back home they want you to go and collect water and so some girls end up being the last [ranked] in the class. They get ashamed on their own and simply drop out of school.22 The continual teasing, verbal abuse, and sexual harassment from family, friends, neighbours, and schoolmates—and even from teachers—reported by female students in all four settlements represent additional obstacles that exacerbate the effects of these cultural norms. One 15 year old girl being raised by her older sister described how she walks 2 ½ hours each way to school so that she can live at home and help her sister. As the only female P7 student in her area, she is regularly taunted by other youth—many of them married—who do not study: “They say ‘see, you’re an orphan and you’re studying. Do you think your sister can afford to pay for you?’” As a result of this peer pressure, she said, “I can feel bad. When they’re asking me like that they can discourage me. Even me I can see how my sister lives so how can she buy books and pay school fees?” Despite these negative comments, she explained, “What encourages me to study well in P7 is that I could get a scholarship. Even my sister believed I would get a scholarship.” But now, she continued, “it is nowhere to be seen. Even those who were studying, they chased them.”24 Both girls and boys are affected by such teasing, but girls in particular are frequent targets of sexual harassment including threats of sexual violence. For instance, a group of girls explained that their male classmates used numbers to describe girl’s body types, using “Figure 1” to refer to girls with “collapsed [flat] breasts” and “Figure 2” to describe girls with “shooting [protruding] breasts and bigger bottom.”25 A boy in another school in the same settlement confirmed this practice, explaining how girls are discouraged from continuing their education once they have reached puberty: “Other girls get [verbally] abused in school [for example] that they have big breasts, [so] she should just get pregnant now because she is ready.”26 Harassment does not only come from students. Interviewees in all four settlements reported incidences of teachers impregnating students and either eloping with the girl or running away and leaving her behind. In Kyangwali, for example, a young woman described how her married P4 teacher coerced her into having sex with him at school when she was 16: “He was working on [getting] resettlement…and he told me that once he goes, he would pay [my] fees. So I agreed to have sex with him.”27 She explained that when she became pregnant, she was forced to leave school and raise the child alone: “It was at the end of the year and…[I told him] and that is when he fled back to Congo…He had left [his wife and children] in Congo and I suppose he went back to them.”28 A young man in secondary school in Madi Okollo reported, “Some teachers are also impregnating their students,” and he complained that he and his fellow male students were “competing with them seriously”29 for girls. Accordingly, he and a number of his colleagues saw no problem with relationships between students starting in school, claiming that some of the boys and girls involved “will decide to marry when they complete S6.”30 When asked why he decided to marry, the same young man admitted, “I was really ashamed by my colleagues when they were all having wives and so that is when I decided.”31 Delaying marriage until the completion of S6—or even S4—however is extremely rare for girls living in the settlements. To the contrary, most refugee girls become involved in early marriages for a host of reasons, including factors linked to such sexual harassment and peer pressure. 1.2 Early Marriages and Physical Security Settlements can be dangerous places to live. Located in isolated rural areas of Uganda, their agricultural orientation means they are spread out over large areas32; although some refugees live nearer to neighbours than others, almost all live quite far from understaffed police posts and OPM offices. Officials working in all four settlements cited assault, defilement, and simple theft as the most common crimes. Although less common, more serious crimes such as rape and murder were also reported, and contribute to the subjective fear of violence that many refugees— particularly women living without adult male relatives—expressed to researchers. Alcohol abuse is common in the settlements, and is often related to the lack of educational and economic opportunities amongst encamped refugees. As one official explained: “If these boys…drop out of school and parents cannot afford [secondary] education, what do you expect of them? They just resort to drinking.”33 In practice, officials working in all four settlements blamed alcohol abuse for increased incidences of petty crimes, assault, domestic violence, sexual assault, rapes, and even murder. Insofar as alcohol contributes to a sexually threatening atmosphere, it encourages parents to seek marriages for their daughters—whatever their ages— as a means of protecting them from SGBV. Referring to the large number of girls who are sexually abused, one police official working closely with refugees explained the dilemma that parents and other guardians face: “The only way [to prevent this] is to marry you off, so you find there is a very high rate of marriages and pregnancy of adolescents.”34 Therefore, although such marriages are illegal and constitute defilement, many parents consider them a practical necessity representing the lesser of two evils. Paradoxically, the majority of those who brew alcohol are women—and even girls in their early teens—who lack alternate income generating activities to pay for school fees, food, and other necessities. For example, one widowed woman explained cultivation alone was not enough to provide for her four children: “What can I do? Just from digging I can’t get the children soap and clothes. There is nobody to help me.”35 Although she described it as hard work and dangerous, she said brewing the local alcohol known as waragi was her only means of supporting her family: I sell it at the market and use the money to buy food for the children…Men come here and they are drunk and beat me…even 2 times per month! They can hit me with sticks because they have no money [to pay].36 One of these men, she explained, raped her at her home, and she became pregnant. Nevertheless, she said she has no choice but to continue brewing alcohol: “The children are hungry and I have to give them food – where else will I get the money to feed them?”37 Although not as common as defilement, rape represents another serious threat to the physical security of refugees living in settlements. Girls and women reported that they feared assault whilst carrying out everyday tasks such as fetching water and firewood, or walking to school, church, or the market, especially given the low population density in most areas of the rural settlements and the presence of only a handful of police. In the words of a 19 year old orphan living with her sisters: We are fearing…the situation because the [nationals living] within the settlement are making bad things... if you are going to the market they want to rape you, and if you are a boy, they will take your bicycle. You know the market is far.38 Moreover, women living either by themselves or with other females explained that they were commonly targeted by men who knew they lacked adult males to ‘protect’ them. One such woman described how she came to be living alone after her husband was killed in Congo and how she became separated from her two children while fleeing to Uganda. She explained that inebriated men would threaten her and other women at their homes: “Men even take the drug they call bhang [marijuana] and come to the house at night…they can also come after drinking.”39 She proceeded to describe the first of three such incidents that she survived: It was around 7 or 8 pm – there was no moon….I was preparing the food [in front of the hut] and someone arrived saying he was a visitor for me…he said he loved me and I would be his wife but I said ‘I’m not here to look for a man’. He was just saying nonsense but he wouldn’t go. He began to grab me – he was very tall, like 2 metres, and he [lifted me] like a baby…I couldn’t move…I said ‘My God, if he has Aids I’ll get it and die and I’ll never see my children’ so [I prayed]…He couldn’t [carry] me into the house because the door doesn’t open wide enough. I said I would report him to the police and the commandant, and he said ‘What can they do to me?’ Many refugees expressed little confidence in the ability of official actors—and particularly police—to protect them from violence in the settlement. Structural factors are much to blame for this reality. For example, when asked to describe obstacles to protection, a government official focused on the financial and other difficulties facing police working in the settlements.40 Chief among the problems he mentioned was the lack of manpower; in Rhino Camp, for example, this means there is only one officer to every 1500 refugees, not to mention nationals living in the area. Such understaffing is common throughout Uganda’s refugee settlements, and indeed, most of the country with the exception of Kampala and a few major towns. Although the introduction of a community policing approach was widely cited as improving the handling of crimes—and particularly SGBV—and yielding improved relations between refugees and nationals, police are significantly hampered by their extremely limited means of transportation and communication. Other problems mentioned by the official cited above included inadequate provisions for huts where individuals in need of special protection can be temporarily housed, and delays and mishandling in the Ugandan judicial system. Although most of these problems could be resolved with increased funding, he referred to police training as one key area in which additional work is necessary: “[There is a] lack of skills in handling protection cases by the police. So they need in-service training and workshops because most don’t have the training of handling refugees.”41 Unfortunately he said, “After you have created capacity, after a very short time these [police] are transferred and new people are brought in, and [it] costs you again for more trainings.”42 The latter was a common complaint in all four settlements. Although the curriculum in which police officers train has been greatly expanded in recent years,43 there is no guarantee that officers who gain on-the-job experience with refugees will be assigned to work with refugees, and even those who do are not exempt from the system in which all police are rotated to different posts throughout the country every 6 months. Although officers recognised that this was simply part of their job, most spoke of a desire to see the system reformed for the sake of the communities in which they work. Police interviewed in Kyaka II, for example, suggested that there be an overlap of at least a few days so that the departing officers could introduce their replacements to the settlement. In Arua, officials have associated the repatriation process with increased rates of crime, including defilement, within the settlements. Certain crimes are committed by nationals against refugees—particularly theft of animals and other property—owing to belief that it is time for them to go home. Moreover, southern Sudanese refugees suspected of crimes are taking advantage of the relative stability at home—especially since the signing of the Comprehensive Peace Agreement (CPA) in January 2005—to flee to Sudan, where tracing them is often impossible. According to police, OPM, and other relevant officials, most of those who flee have been accused of defilement. As one government official explained, “Defilement cases…are very difficult to follow now. Once [suspects] know there is some follow-up, they go to Sudan.”45 These shortcomings have a critical impact on the safety and security of refugees living in settlements. After recounting a recent incident in which three boys raped a girl who had gone to grind her ration of maize, the 19 year old girl quoted above reported how, while returning home from the market with empty soda bottles, she and her female neighbour survived an attempt by two boys to rape them outside a church near their homes. Her description of the incident demonstrates the dangers girls and women in particular face in the settlements while challenging traditional conceptions of female vulnerability: We had just reached the church here [when] they stopped us. They had followed us…[and told us] ‘I love you, I want you as my girlfriend’…and said that they will give us 5,000 Shillings [less than 3 US Dollars] and they want to play sex with us. We refused…And they got annoyed. >From there, the boy started to remove his shirt, he start to come and catch me >so that he will throw me down, then I just pick a bottle…to beat him, but the bottle fell down, then I take a stool of the church and I start beating him. He now starts fighting. Allah, the boy was big! I then take a stick and start beating him and making noise. Meanwhile my friend also helped me beat. The other ran. I know his name because we were schooling in the same class in P3.46 Encouraging examples such as this are rare, however, and in the absence of effective official protection many refugees view marriages as the best—and often only—means of protecting women and girls from SGBV and other forms of violence. Paradoxically, refugees reported that girls and women who become pregnant from rape are sometimes forced to marry the rapist. This particularly affects underage girls without guardians. When asked how marriages were conducted in her settlement, one woman who herself survived a rape there explained that: Those that don’t have [a father], they can get married younger…[sometimes when] somebody sees a girl, like in the centre, and knows…that she doesn’t have anybody [looking after her], he can take her and ‘marry’ her, rape her at 16, 17.47 Early marriages take place in an environment where relationships with men are commonly considered an acceptable means for single adult women—and especially widows—to meet their needs. Although they work to prevent early marriages, some officials working with refugees do not do enough to explicitly challenge this belief; indeed, a few may even actively encourage it. In the words of one widowed woman who became involved in such a relationship in the settlement: “One day [an official] addressed people and said women without help should get themselves men to take care of them because [officials] were not able to do every thing for [us].” She explained that although such ‘marriages’ were often detrimental for the women involved, there were few alternatives: These women are looking for how to survive: they cannot do certain things that need men. Even if you come crying to the leaders they won’t help you…[and yet] men keep laughing at women who don’t have husbands, and knocking at their doors, telling them to get men to help them. It’s too much for single women [so] that’s why they look around for men who end up mistreating them.48 Therefore, in a climate where relationships with men are widely viewed as necessary to protect women from the pervasive insecurity of the settlements, early marriages that themselves may constitute human rights abuses—and a form of sexual violence—are often seen as the only means of ensuring girls’ physical safety. 1.3 Early Marriages and Economic Security In addition to motivations of physical security, early marriages are often viewed as an essential economic survival strategy for girls and their guardians. Besides the financial benefits of a relationship with an economically productive man, girls—and more commonly their parents, relatives, or other guardians—receive bride price which can be used to meet certain needs including to start businesses, pay debts, buy more land, or even pay for education. As one UNHCR official explained, the desire for bride price is a major cause of early marriage; in fact, it is “the root cause actually, and what brings this up is poverty.”49 For example, when discussing early marriage, the brewer quoted above contrasted her relatively secure financial position in Sudan with her diminished circumstances in Uganda: “My father was [well off] in Sudan – he worked a lot and had money. My mother was good also [so] I married when I was 17.”50 She lamented, however, that her economic situation in the settlement was such that her own 13 year old daughter might not have the opportunity to marry at an appropriate age: “If somebody comes with money that I can use to eat and feed the children, I will sell her.”51 She explained that although the bride price would be “little”, it would be “enough to provide for us” and that if she herself met a man with money to support her family she would “go [with him] right away.”52 In the context of the settlements, education is typically the first sacrifice that refugees must make in order to survive. Indeed, when asked about the differences between national and refugee students, teachers pointed out that the inability to pay school fees and other financial constraints commonly leads to early marriage among refugees, particularly those staying without parents. For many teenage girls, staying with an extended family member or a foster parent could actually worsen their prospects for education as compared to staying with parents or even alone. As one female teacher explained, Among the refugees, most of the girls are not staying with parents, and are with family members or others who are just helping them. They are not their real children, [these people are] just assisting them. So they see [girls] go early in the morning [to school] and coming late at night and not be contributing much to the house, and they don’t like it. So some are told to get married, to get their own home.53 One young orphan—herself a Ugandan Acholi who became pregnant and was subsequently forced by her guardian to marry her Sudanese boyfriend and move with him to Madi Okollo— explained that orphans and other girls living without their parents in the settlement were particularly likely to view a sexual relationship and an eventual marriage with a boy or a man as the only means of meeting material needs: “Some girls don’t have a mother or father so there is nobody to buy the things she needs, so she marries.” 54 An NGO official explained the detrimental effect of such relationships on girls involved, lamenting their inevitability in the absence of resources: The girl begins to have a divided allegiance between school and the boy. In most cases the only way to prevent this is to support the girl but because of limitations at our level and at the community level this ‘solution’ would continue until the girl gets trapped into pregnancy and marriage.55 As a government official explained, male refugees sometimes take advantage of unaccompanied girls: “If you are a female and [a man is] interested in sex, [he] can use you because your father is not around.”56 Indeed, a number of female students told the RLP that men came to the school grounds to proposition them for sex, offering them money for school fees and other needs. One NGO official working closely with refugees with specific needs recognised the link between vulnerability, limited livelihood options, and the unfeasibility of the Self-Reliance Strategy: One reason they get settlements is self-reliance: if they dig they can sell [their produce] to buy basic necessities. We expect [self-reliance] within one year, apart from EVIs. It makes most of young girls become women at risk if there is a boy who can offer them soap, etc. It leads to abductions [for] attempted forced marriage.57 Crisp refers to such exploitative sexual relationships as “forms of concubinage” that—in addition to commercial prostitution—are “one of the most frequent means for refugees to survive in a protracted situation.”58 Female students trapped in such relationships inevitably become pregnant, and are forced to drop out of school and seek the means to support another life, often with little or no assistance from the man who impregnated them. As a male teacher explained: “In a desperate attempt to survive, you can do anything, especially on the side of girls.”59 Many officials echoed this sentiment: without financial support, refugees often had little choice but to arrange marriages for themselves or for their daughters. While a number of officials interviewed have maintained that parents need sensitisation on the importance of education as means of discouraging early marriages, research indicated that the situation is actually more complex and is linked to established gender roles. Early marriage in many cases is viewed a means to education—of boys: “Of course, the parents want to get bride price out of girls so maybe they can educate the boys.”60 Thus, sisters—whether older or younger—are frequently expected to marry in order to provide for their brother’s futures, underscoring the value placed on education despite limited resources and the need for greater awareness of the importance of educating girls and women. Parents motivated by their own financial concerns may actively promote their daughters’ involvement in relationships inevitably leading to early marriages: “A number of our school girls you find them with a boyfriend who is known to the parents and [who] is giving some support to the parents and so the parents allow him to interact with her at any time.”61 The same official continued to explain that “The set-up of the settlement provides rich ground for parents to push for early marriages. If they see the neighbours are well mannered they tend to encourage.”62 These financial motivations do not stop once a girl has been married. Although many girls might return to school once their first child is old enough to be cared for by a family member or friend, they are often prevented from doing so by husbands who want more children. In the context of agricultural settlements, the traditional practice of bearing many children who can help with cultivation remains important. Moreover, many refugees have recognised that under the system, having more children means a larger population on ration cards, and therefore more food that can be divided amongst the whole family. When rations are reduced in accordance with the SRS, this becomes a particular concern for students and others who unable to devote the majority of their time to agriculture. According to one young husband who returned to school after marriage, when he proposed that he and his wife use family planning, she refused: When I tried to tell her to use family planning, to use condoms, she told me that I [was] joking. For her [she wants] to produce kids so that our ration card will increase, and [we get] more food…so I just put the thing aside to avoid conflict.63 Given the low rate of reporting relative to the high numbers of early marriages evident in the settlement, it appears that most cases are indeed resolved among families and within communities in a process that most refugees appear to recognise as a legitimate response. In addition to the financial incentive to arranging marriages rather than reporting a crime, the costs of pursuing a legal case represent a major disincentive to reporting. Refugees have explained that such costs might include paying money to Refugee Welfare Councillors (RWCs) to write letters attesting to the situation, transport costs for police and for the suspect to be brought to town, and the cost of attending trials. Some refugees, however, have exploited the process for their own financial enrichment. As one young man complained, “Once you are caught with a certain girl, [her parents] just charge you money, even for just talking.”64 In some cases, the threat of reporting defilement to the police is used to ensure that a boy or his family accepts the marriage and pays whatever amount of money the girl’s family demands. In other cases, males might be able to avoid what amount to forced marriages—some of which are also early for the male as well as the female involved—by paying ‘penalty’ fees to girls’ families and remain unmarried.65 The actual amount of money to be paid varies according to a number of factors including tribe, nationality, the financial position of the male and his family, and the age or education level of the female, but might range from 50,000 to 2,000,000 UGX. In order to raise the necessary money, males often do leja leja, or casual labour, that—when available—enables them to earn a small daily wages as opposed to waiting for harvest time to sell produce. Many were forced to drop out of school to focus on such work. The consequences of not paying are severe. Boys who are unable or unwilling to pay—with or without the help of their families—face being accused of defilement. In addition to the risk of imprisonment, boys who will not or cannot pay are frequently subjected to harassment, ostracism from their communities, and even violence. One teenage student spoke of the risk of being attacked for not paying bride price, which in his community was often as much as two million Shillings: “So if you are [only] digging maize, especially with price fluctuations, you [can’t afford this and] have to run away.”66 Indeed, many young men in this situation see little alternative but to escape to other settlements, to towns, or increasingly, back to safe areas in their countries of origin. Moreover, while girls are likely to experience pressure to drop out of school to get married to secure bride price for their parents or guardians, boys are more likely to be pressured to drop out of school to do agricultural work. Once they have dropped out, boys typically experience familial and societal pressure to marry and start families, making them unlikely to return to school. One young woman explained how initial demands that boys miss days of school to work eventually leads many to drop out altogether: “The only way [to survive] is cultivation, which is not that easy. Before school, kids have to work in the garden, then they are late and they might be sent back [home].”67 As a result, refugees face a dilemma: “The very kids who are to help [parents] are the very ones to go to school so how can they concentrate [on their studies]?”68 2 REFUGEE SELF-RELIANCE AND VULNERABILITY Early marriages clearly represent a survival strategy for encamped refugees. In theory, however, Uganda’s Self-Reliance Strategy is intended to provide the means by which beneficiaries can overcome at least some of the vulnerabilities inherent in being a refugee, while also benefiting host communities. As a UNHCR report explained: The promotion of self-reliance is essential in developing and strengthening [refugees’] livelihoods, protecting their dignity and enabling them to positively contribute to the local economy. Self-reliance is a form of empowerment, and is also considered a protection tool as it helps to reduce factors which make refugees vulnerable to various forms of violence and exploitation The widespread nature of early marriage indicates that these aims are not being realised in practice. Indeed, two major factors—limited freedom of movement and declining official assistance, particularly in the education sector—not only prevent refugees in Uganda from attaining true self-reliance, but in many cases exacerbate existing dependence and vulnerability. Following a brief analysis of the history and content of the Self-Reliance Strategy, this section will examine these two obstacles in greater detail, and assess their impact on refugee youth and their communities. Stay in the forum for Series two hundred and twenty on the way ------> EM On the 49th Parallel Thé Mulindwas Communication Group "With Yoweri Museveni, Ssabassajja and Dr. Kiiza Besigye, Uganda is in anarchy" Kuungana Mulindwa Mawasiliano Kikundi "Pamoja na Yoweri Museveni, Ssabassajja na Dk. Kiiza Besigye, Uganda ni katika machafuko"
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