This article considers the often-overlooked rights and special needs of refugees living with disabilities. It invites discussion from the Fahamu Legal Aid Newsletter’s readers, and shares the experiences of a refugee living with a physical disability in South Africa. Katherine Rehberg is an intern at the Fahamu Refugee Programme.

Despite the fact that there is growing attention to the capabilities as well as the needs of the disabled around the world, why are refugees so seldom included in the mainline services provided to this group?

It is clear that refugees face many challenges, ranging from pre-displacement persecution or violence and arduous migration journeys, to complicated and time-consuming refugee status determination processes and lack of legal assistance. They are frequently unable to work, study, or travel, and rely on insufficient humanitarian assistance or public support. These conditions can be challenging or even life-threatening in any situation, but particularly so for the estimated 2 - 3 million refugees living with physical, mental, intellectual, learning, or sensory impairments around the world.

Research  performed in five countries by the Women’s Refugee Commission in 2008 found that there is very little data available on the ‘number and profile of displaced persons with disabilities’ in the first place, and that disabled refugees are frequently ‘excluded from or unable to access mainstream assistance programs as a result of attitudinal, physical or social barriers.’ A 2011 discussion paper prepared for the International Association of Refugee Law Judges World Conference highlights similar gaps, not only in the receipt of humanitarian assistance but also in disabled asylum seekers’ access to legal protection and refugee status determination.

This lack of attention given to the needs of disabled refugees has persisted despite increasing attention given to the rights of disabled persons more generally in recent years. The Convention on the Rights of Persons with Disabilities (CRPD), which came into force in May 2008, employs a rights-based approach to disability, acknowledging that the limitations associated with disabilities result not just from the impairment itself, but also from the society’s inadequate response to persons with such impairments. The CRPD thus seeks to ‘promote, protect and ensure the full and equal enjoyment of human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.’ UNHCR has incorporated the principles of the CRPD into its policies and operations, and produced guidance on working with persons with disabilities in forced displacement in 2011, yet it specifically expresses concern about the 'invisibility' of disabled refugees.

The Fahamu Refugee Legal Aid Newsletter is in contact with a physically disabled Somali refugee recognized and resident of South Africa. He shares his experiences in order to illustrate the myriad challenges confronting refugees before, during, and after their initial displacement. His experiences illuminate some of the additional challenges facing disabled refugees who may need specialised services, and who, under international law, are entitled to 'full and effective participation in society on an equal basis with others.'

Abdi’s [pseudonym] experiences also help to frame a discussion about disability and forced migration. We are aware that our network of legal aid providers around the world may lack information about the experiences of disabled refugees or possible avenues for serving and supporting them. Alternatively, we wonder whether there exist resources that could be shared to contribute to filling the gap in information, research and knowledge about this pressing issue.

Therefore, we invite input, feedback, and discussion from our readers on the theme of disability and forced migration. What are the experiences of disabled refugees in your context? What gaps in protection or service delivery exist? What existing tools have been employed to assist refugees with disabilities? What further research and information is needed?

With regard to Abdi’s story, what similarities or differences do you see in the experiences of disabled refugees in your own context? How can the rights-based approach adopted by the CRPD be promoted both in the conceptualisation of refugees with disabilities and in the delivery of humanitarian assistance and process of gaining legal protection? Finally, we request you to share any resources you have found to be helpful that are in addition to the resources listed below.

Abdi’s Story

Abdi* was born in 1981 in a city on Somalia’s south eastern coast. When he was four years old, following a severe illness, he lost the use of both legs. He is unable to walk or stand, and he relies on braces, crutches and a wheelchair for basic transportation.

Excluded from educational opportunities in Somalia as a result of his disability, which was seen there as a ‘curse from God,’ Abdi and his mother moved to Nairobi in 1993. They stayed with an aunt, and Abdi attempted to enroll in a local school. He continued to face discrimination, however, until he was accepted at a school for children with disabilities. He began his first grade education at age twelve.

Abdi succeeded academically and learned to be self sufficient, comfortable taking care of himself and able to do daily tasks ranging from laundry and cooking to gardening and even sports.

‘My disability does not require special care. All I need is financial support, protection and just my own personal space where I can move around,’ Abdi says.

Abdi continued to thrive in Kenya, pursuing additional education and eventually obtaining training in IT, computer networking, web development, and graphic design.

In 2005, Abdi returned to Somalia to be with his family. He was married shortly after. However, in 2007 Abdi’s family was personally targeted by members of a different clan fighting for control of the area. His house was burned down, and several family members were killed. The attackers threatened the rest of the family should they return.  They fled to Kenya, where they arrived in early 2008.

Despite freedom from political persecution in Kenya, Abdi again continued to face significant discrimination from his wife’s Somali family in Kenya on account of his disability. He was again forced to flee, this time completely on his own, and travelled to South Africa, where he was granted refugee status. However, the journey was difficult, and the expected challenges of traveling in lorries, trucks, and through harsh conditions were compounded by his physical limitations.

Although he has obtained refugee status, life in South Africa has continued to be difficult for Abdi. In spite of his independence and self-reliance, his physical disability makes him more vulnerable to the challenges that all refugees and asylum seekers face.

     Abdi has received assistance from UNHCR, Jesuit Refugee Service and Refugee Aid Organisation, and several other agencies. However, funds to support refugees in South Africa are limited and it is difficult for non-citizens to obtain employment. Several refugee assistance programmes focus on small business development, but Abdi’s disability limits the range of work he is able to pursue. He has received a small grant from the South African government fund for persons with disabilities but the amount is insufficient to pay for his monthly rent and food costs.

There are also more immediate dangers. Threatening letters are distributed in neighbourhoods with high concentrations of refugees, instructing South Africans to ‘keep your eyes open, if you see [refugees], take there [sic] details, their photographs, their vehicles registration numbers, their residential address with pictures, their business address with pictures.’ ‘You are supposed to be refugees,’ another letter says, ‘but you are traitors.’ Ethiopians, Kenyans, Somalis, Sudanese and Tanzanians are labelled as ‘terrorist threats.’ Abdi’s disability, which makes him more visible and easily identifiable in the community as an outsider, a Somali, and a refugee, puts him especially at risk.

To compound these problems, racial discrimination continues to be an issue in the country. Despite South Africa’s commitment to providing protection for refugees, many experience significant discrimination. No legal mechanisms exist to protect refugees from ethnically or racially motivated hate crimes. Access to educational and employment opportunities are limited by arduous documentation application processes and negative public perception toward refugees.

In 2010 Abdi was robbed at gunpoint. His documents, money and even his wheelchair were stolen. Neighbours have personally delivered threatening letters and warned him to expect further attacks. In 2012, he was assaulted while crossing the street at a pedestrian cross walk; he was injured, his wheelchair was broken, and many bystanders declined to assist him, presumably because he was a foreigner. Abdi filed police reports in both instances but no formal investigations have followed.

Despire repeated efforts to seek help from other Somalis living in South Africa, Abdi has

encountered members of the same clan responsible for his persecution in Somalia and fears for his

safety. He has been warned that the Somali terrorist group, al-Shabab, which has controlled his

home region since 2008, is reported to be looking for him in South Africa in hopes of repatriating or

killing him.   

As demonstrated by Abdi’s story, refugees living with disabilities remain frequently excluded from discussion and programming by both mainstream disability and refugee protection initiatives.  This corroborates the findings of recent research and highlights the need for further discussion of this important topic.

Resources

Conclusion on refugees with disabilities and other persons with disabilities protected and assisted by UNHCR, No. 110 (LXI) (EXCOM, 2010).

Convention on the Rights of Persons with Disabilities (UN, 2008)

Disability and Displacement (Forced Migration Review Issue 35, July 2010): Issue of Forced Migration Review focusing on disability and displacement including thematic articles as well as articles relating to disability issues for forced migrants in Sudan, Sri Lanka, Uganda, Kenya, Sierra Leone, New Zealand, England, Yemen and Pakistan.

 NGOs and UN Agencies Assisting Persons with Disabilities (UNHCR, 2008): Reference list of agencies working with persons with disabilities, organized by country.

Vulnerable or Invisible? Asylum seekers with disabilities in Europe (Straimer, Clara, 2010, UNHCR Working Paper No. 194): Article discusses the relevance of disability in the context of asylum and investigates the causes for the limited attention it has received to date, particularly focusing on the Common European Asylum System.

 Where Disability and Displacement Intersect: Asylum Seekers and Disabilities (International Association of Refugee Law Judges World Conference in Bled, Slovenia, 7-9 September 2011): Discussion paper prepared for the Vulnerable Persons Working Group International Association of Refugee Law Judges World Conference. Includes discussion of whether CRPD is applicable to refugees and its relevance to RSD; discussion of implications of CRPD on decision making of asylum claims; consideration of the extent to which disability impacts a person’s ability to qualify for protection under the 1951 Refugee Convention.

Women's Refugee Commission Research and Resources on Refugees with Disabilities (Women’s Refugee Commission, Ongoing): Includes ‘first major report and resource kit’ to address issue of disability and displacement, as well as fact sheet and materials for 3-day training to ‘raise awareness and facilitate participation of people with disabilities in community decision-making.’