Submission to Home Affairs Committee Immigration Detention Inquiry
|Black Women’s Rape Action Project (BWRAP) was founded in 1991. Women Against Rape (WAR) was founded in 1976. Together the two organisations have worked closely with women in detention, particularly in Yarl’s Wood IRC, over many years documenting the traumatic impact of rape and other violence on women’s asylum and immigration cases and helping women win justice and safety. BWRAP and WAR have been the primary support and vehicle by which women detainees have been able to publicise their complaints about the treatment and conditions inside detention.
In 2005 BWRAP and WAR contributed to “A Bleak House in Our Times: An Investigation into Women’s Rights Violations in Yarl’s Wood Removal Centre”, which found that over 70% of women inside were victims of rape or other sexual violence prior to being detained. In 2015 the two organisations published “Rape and Sexual Abuse in Yarl’s Wood Immigration Removal Centre”, documenting incidents of abuse of women detainees by guards over a decade.
CONDITIONS IN DETENTION AND TREATMENT BY GUARDS
• Conditions in detention are harsh. Survivors or rape and other violence who are traumatised, suffer particularly from the isolation and abuse of detention. We have seen some groups say that detention serves no purpose. We disagree. Based on what women describe to us we have no doubt that a primary aim of detention is to inflict harm onto people with the purpose of instilling fear in them and others; that is a form of domestic terrorism.
• Women’s complaints include the torment and injustice of indefinite detention, being separated from children and other family and friends, violence from guards, being denied much-needed health care, inadequate, inedible food and having their asylum claims sabotaged by guards. In some cases, a self-help guide by Legal Action for Women, which we send to every woman that contacts us, has been confiscated and was only returned after protests.
• Violence during enforced deportations continues. We work closely with the All African Women’s Group, and one of their members was recently deported. She was strapped across her chest into the seat and had two guards, one on each side holding her down. She suffers from extremely high blood pressure and she was trying to call out and signal that she was in terrible distress. Eventually, an air steward intervened. She arrived in her country of origin weak and traumatised and later described to us by phone that nearly died. The 24 March audio recording of a man in distress during a deportation confirms that violence from guards is common.
• In February 2018, women and men detainees in Yarl’s Wood went on hunger strike raising demands which we list below. We urge the Home Affairs Committee to act on these demands.
• Bail applications to be speeded up: Legally they should only take 3-5 days to come to court. Delays of up to a month are common.
• Amnesty for those who have lived in the UK 10 years and more.
• End indefinite detention so that no-one stays inside for longer than 28 days.
• End Charter flights. These are inhumane because women get no prior notifications and no time to make arrangements with family members.
• No more re-detention. No-one should be re-detained if you are complying with the law.
• Stop separating families. Some women inside are married or have British partners and children outside.
• No detention of people who came to the UK as children. They should not be punished for their parents’ immigration histories.
• The beds need to be changed. Some of us have been here for a year on the same bed and they are the most uncomfortable beds.
• LGBT+ people’s sexuality to be believed. It should be understood that explaining your sexuality is difficult.
• Fit emergency alarms in every room in the detention centre. Only some rooms have them, and people have got very ill in places where they can’t call for help.
• Access to proper healthcare. Women with serious conditions have been left for days without treatment.
• Nutritious food.
• Release people with outstanding asylum and immigration applications.
The hunger striker’s statement describes conditions inside as “torture”:
“At any point an officer could turn up and take your room mate; you’re constantly on edge, not knowing what will happen next. Those who are suicidal have their privacy taken away because officers come in without warning. You don’t know if an officer is coming to check on you or take you away. Our rooms are searched at random and without warning; they just search first and explain later.”
• None of the serious issues which hunger strikers are raising over and over again have been addressed or investigated with any sense of urgency.
RAPE AND SEXUAL ABUSE.
• BWRAP and WAR’s 2015 Dossier Rape and Sexual Abuse in Yarl’s Wood Immigration Removal Centre documented serious abuse by guards that Serco, the company that continues to run Yarl’s Wood, had either ignored or actively covered up. The situation we documented has not changed. Yarl’s Wood remains open and Serco remains in charge. Shamefully in 2014 the government renewed its contract to run Yarl’s Wood.
• Our Dossier contained complaints from current and former detainees, collected from hundreds received between 2005 and 2015 including:
• A rape survivor from Uganda reported a male guard entering her room when she was semi-naked, causing her to be re-traumatised.
• Several women reported that strip searching and suicide watch made them feel humiliated: “Male guards are present when women are strip searched.” “If you are put on suicide watch the guards watch you when you go to the toilet, they come into your room when you are sleeping. I woke up and a guard was standing over me shining a light in my face. I was very scared.”
• A pregnant woman reported a guard repeatedly propositioning her for sex and witnessed the same happening to other women: “He flirted with me. I was scared, fragile and pregnant. The guards double date the women. Some women believe that a guard has their best interests at heart but they are easily taken in because they have no other option to get help. Guards give the impression that they have the power to get women released.”
• Some women reported that guards preyed on their vulnerability and desperation to abuse them. “If you have to open your legs you will. You think that is the only way that you are able to speak to your family. You have to give in.”
FALSE CLAIMS THAT CONDITIONS IN DETENTION HAVE IMPROVED
• In evidence to the Home Affairs Committee (20 March 2018) Serco claimed that conditions inside Yarl’s Wood had improved. The Serco representatives cited evidence given before them from the organisation Women for Refugee Women that women inside Yarl’s Wood were no longer complaining about the conditions but only about the process:
“We have got better over the last two to three years and the debate among the NGOs is now less about Serco running a place that is cruel and inhumane to saying that conditions are “good” in the Centre and that the main complaints about are the process that people are in.”
• We strongly disagree with these claims. The hunger strike and list of demands from women inside cited above confirm that women are still suffering serious injustices and abuse.
“ADULTS AT RISK” POLICY
• The new “Adults at Risk” policy issued in September 2016 was meant to address the public outcry about victims or rape and other torture suffering further trauma as a result of detention in the UK. But the policy was almost unanimously criticised as a step backwards.
• Women for Refugee Women (WFRW) were the only organisation to publicly welcome the policy on the grounds that it appeared to concede to some of their proposals on detention. Other prestigious organisations providing legal and other assistance to people in detention called for “an urgent review before the policy was implemented” on the grounds that the new policy put vulnerable people at more risk of detention. It defined “torture” in a more limited way (excluding victims of domestic violence and violence by “non state agents”).
• This change was clearly sexist in that women are more likely to have suffered domestic violence and/or have the torture and other violence they suffered assessed as “non political”. It also gave the Home Office the power to prioritise ‘any immigration control factors’ over a person’s vulnerability. We immediately saw a change in that more rape and domestic violence victims were detained or found it harder to get released.
• One women who contacted Women Against Rape from Yarl’s Wood was refused bail even though she reported to medical staff that she was suffering nightmares and other symptoms of PTSD because Yarl’s Wood reminded her of being held in detention in Uganda (where she suffered multiple gang rape by soldiers). Women Against Rape’s independent expert evidence about her experiences was dismissed and instead assertions made by medical staff that detention wasn’t having a negative impact were relied on to keep her in detention.
• As the Committee will know the “Adults at Risk” policy was in October 2017 ruled unlawful. We are calling for it to be scrapped altogether.
DEPORTATION IS NO ALTERNATIVE TO DETENTION
• We note that there is a push in some quarters for the alternative to detention to be an increase in so-called voluntary returns. The Home Office is spending over £30 million, including on funding voluntary organisations and charities, to manipulate and force asylum seekers and refugees to ‘volunteer’ to be deported. There is widespread and growing opposition to this. Whatever recommendations the Committee makes it cannot be acceptable for detention to be reduced by fast tracking people out of the UK regardless of the risks they may face on return.
· We support the demands of the hunger strikers listed above and we urge the Home Affairs Committee to press for their implementation.
· We take our lead from women asylum seekers who are demanding an end to detention and deportation.
We work closely with the All African Women’s Group, a 100 strong group of women asylum seekers. In a recent statement they commented:
“We all have the right to be here in the UK. African and other Third World people have contributed over centuries to the wealth in the UK. We have suffered enough through imperial conquest, slave trades, proxy wars, Western backed dictatorships, rape and other torture…and through long treacherous journeys getting to the UK. We demand the right to asylum, safety and protection.”
Black Women’s Rape Action Project & Women Against Rape