Border CTRL: Access to documentation

Border CTRL: Access to documentation

In October 2023, IWRAW Asia Pacific’s annual Global South Women’s Forum (GSWF) took place online over the course of four days, bringing together women from diverse corners of the world. The theme of GSWF 2023 was the interface between border policies and women’s experiences, viewed through a feminist lens. This piece is the first of three, offering a nuanced understanding of the multifaceted injustices faced by women on a global scale, specifically in connection to borders.

Among the three areas of focus at GSWF 2023 was the disconcerting reality of access to documentation, underscoring the disproportionate role of paperwork in granting individuals their fundamental rights. In a discussion on the globalised double standards of visa regimes, panellist Pooja Badarinath quoted the former UN special rapporteur on racism, Tendayi Achiume, whose article on racial borders called attention to the Global North’s historical influence in this domain: “European imperialism in the nineteenth century played a crucial role in producing the migration and military regimes that we should consider the progenitors of the contemporary regime.” Discussions at GSWF vividly demonstrated how this influence creates unequal barriers for people based on how they present, and focused on the challenges faced by women, emphasising the urgent need for policy change and enhanced protection mechanisms.

The resulting classification of individuals into two binary categories emerged as a recurring theme. Those who cross or attempt to cross borders face common outcomes which ripple through various aspects of life, affecting work opportunities, travel processes, access to healthcare, and government services. Their enjoyment of rights hinges on their designation as deserving (‘expatriates’ and higher-income travellers, who are usually middle-class, fair-skinned, Global North or perceived as being sufficiently Global-North-adjacent) or undeserving/suspicious (‘immigrants’, ‘migrants’, ‘foreign workers’, and those who are considered likely to seek asylum or overstay visas due to coming from poor or conflict-affected countries). This means that even in instances where people choose to cross borders to seek better opportunities, and when documentation is successful, those in the latter category encounter a disproportionate emotional burden just to be permitted to travel. And people who are forced to leave their home countries, seeking safety from conflict, war and oppressive systems which threaten their lives – such as in the case of Afghanistan or Syria – find themselves at the very bottom of the global passport index.

Illustration by Appolonia Tesera for GSWF 2023

This preoccupation with documentation also presents a profitable opportunity to private actors. For example, companies that manage visa and passport issuance-related administrative tasks for various governments have been criticised for additional steps which increase bureaucratic hurdles, including prolonged wait times and increased costs, alongside concerns about data breaches and technical glitches. All of these elements exacerbate stress amid often challenging circumstances, with human rights taking a backseat to the financial gains of profit-driven enterprises.

As conversations unfolded, the spotlight turned to Mexico, Guatemala, and Spain. Testimonies laid bare the violence faced by racialised migrant women throughout their journey – from their countries of origin through transit, to their destinations, and even upon return. The focus here was on understanding the different challenges women encounter based on their specific location in the migration journey. A standout intervention was from Leni Alvarez Perez, who emphasised the involuntary nature of return to Mexico for many migrant women. She described how returnee mothers struggle with the bureaucratic process in Mexico to obtain documents such as birth certificates for children born abroad, which in turn affects  their access to other papers required for purposes such as education, residence, healthcare, and other basic rights.

Speaking from Malaysia, Bina Ramanand, founder of the Foreign Spouses Support Group, shared heart-wrenching case studies of transnational families who faced separation on top of bereavement, illness and care responsibilities, due to draconian visa restrictions implemented during the COVID-19 pandemic. On a personal note, she also spoke of the almost two decades she spent fully dependent on her husband, because Malaysia did not allow her to work until she was finally granted permanent residency.

For those in relationships which are not recognised by the state, even these limited opportunities are denied. Kelly, a migrant who took part in a panel discussion on LGBTIQ+ experiences of borders, spoke of the anxiety that came with her job applications being roundly rejected because employers were unwilling to sponsor her as a foreigner, while a partner or spousal visa remained an impossibility. This dependency on an employment visa in order to stay with her partner threatened to keep her in toxic work environments, and limited her career options rather than allowing her to make her own choices.

An illustration of a woman sitting inside a suitcase. The woman is wearing an orange robe and a blue hijab. Both the woman and the suitcase lies on an island in the middle of the ocean. Small houses, trees and hills can be seen on the island. From the corners of the suitcase, a silhouette of a house emerges hovers above the woman.

Illustration by Appolonia Tesera for GSWF 2023

In that same session, Farah Abdi of Transgender Europe spoke of the practice of sending asylum seekers into immigration detention, and how this specifically impacts trans people whose documents reflect their assigned rather than true gender. Compounding the default violence of incarceration are the sometimes catastrophic consequences of imprisoning trans women alongside cis men. Although they might ultimately be granted asylum and expected to integrate, she cautioned that “the damage that the states do in the very beginning of your life in this new country can take years, if not decades, to fix.”

The cruel priorities of our current world were highlighted once again in GSWF 2023’s closing plenary session: “We’re all harmed when violence is normalised and threatened; when the state can feel comfortable, for example, inflicting torture into the bodies of people because of inadequate paperwork.” These words were shared by Amnesty International Malaysia executive director Katrina Jorene Maliamauv, reflecting on the millions spent on the country’s immigration detention centres. This theme was picked up again by her co-panelist Imane El Hayek of Anti-Racism Movement Lebanon, who spoke of the exploitation incurred through the country’s kafala system, whereby, just like in Malaysia, those who escape abusive employers automatically become undocumented and are subject to punishment. Their points connect the issue of access to documentation with the second theme of GSWF 2023: carceral violence in border regimes.

 

Olga Septemba is a passionate human rights practitioner and feminist, dedicated to advocating for marginalised communities, particularly those affected by forced migration. With extensive experience in addressing sexual and gender-based violence, she has worked to support individuals facing discrimination, displacement, and disability in Uganda, always striving to ensure protection and dignity. Grounded in intersectionality, Olga’s approach addresses the complex challenges faced by migrant populations. Through her Interrogating Borders fellowship with IWRAW Asia Pacific, she organised convenings for women affected by border-related marginalisation, shaping advocacy priorities, expanding networks of peacebuilders, and fostering intergenerational collaboration.

Nine leads IWRAW Asia Pacific’s programme Interrogating Borders and their Impact on Women’s Human Rights. She is driven by an interest in the necropolitics of bordering practices, and the intersections of oppression and privilege which influence the outcomes of migration journeys. As co-founder of Garabtaag, she coordinates grassroots assistance to refugees in Malaysia; and as a new migrant in Malta, she is a member of Malta LGBTIQ+ Rights Movement (MGRM)’s working group on asylum and migration.

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