ACCESS TO JUSTICE AND THE REFUGEE WOMAN IN AFRICA

Abstract

Refugee women flee from their countries of residence for reasons including war, violence, conflict, harmful cultural practices, and persecution. They cross international borders to escape the violence from their countries of origin and find safety in their destination countries. For these women, they hoped that the countries of destination would offer the much-needed safety generally lacking in their countries of origin. However, is this significantly required safety generally attainable in the countries of destination in Africa? Could it be that, in most cases, the vulnerability of these women has exposed them to further violence, often with no criminal accountability? Using South Africa as a case study, this paper examines the vulnerability of refugee women to violence. It also discusses the various forms of violence they experience and the challenges they encounter in accessing justice. This article demonstrates that the cross-cutting expressions of violence against refugee women across the African continent, as well as the challenges they face in accessing justice, explain the expectation of safety they generally envisage in deciding to cross international borders. The paper draws on some best practices across the African continent to suggest ways of ensuring that refugee women are not only protected from violence but also that they can access criminal justice when violence does occur.