I am every woman

As we mark 100 years of International Women’s Day, Natasha Walter argues that British feminism is sh

A few weeks ago, I found myself sitting in a café in Camden Town, lost for words. I was with Saron, a woman who arrived in the UK seeking asylum some years ago. When she spoke of her youth in her home country, you could catch a spark of the woman she had once been - ambitious, talented and fearless. When she talked of her life now, it was as if a cloud had blocked out the sun.

Afraid, hopeless and with no sense of self-worth, Saron spoke dully about the feeling she had that she was living a life - at the age of 33 - that had come to an end. What silenced me was the way she summed up how she had reached the end of the road. "It wasn't what happened to me at home that broke my spirit. It was what happened to me here."

When she said this, it was shame that stopped my voice. Yes, many men who flee their countries are also treated badly. In the current political climate, we cannot offer a home to everyone who crosses our borders. But the manner in which women are treated when they journey to the west in search of safety shames us all. If you believe that women deserve a voice, you have to listen to their stories. If you believe that they should be entitled to human rights, you must act in response to these stories.

To understand what I mean, listen a little more to Saron's story. She lived a free life in Ethiopia until her early twenties, when, as a young journalist, she went out to report on a student demonstration. Police attacked the protesters, leaving many dead. "Horrible to see," she says succinctly. Because she reported the facts in a newspaper, she was sent to prison. She was naive. "I thought that problems of that kind wouldn't happen to me," she says, explaining why she spoke out.

She got through one episode of imprisonment but, the second time she was jailed, she was raped violently by a police officer. When she was released, her family decided that enough was enough and paid for an escort to get her out of the country. She didn't know where she was going. At first, there was a long journey on foot through the hot, forbidding desert to Sudan; then an aeroplane ride to a cold, forbidding airport in England. She claimed asylum on arrival but was refused.

Saron is articulate about her experiences, yet even now she finds it hard to speak about what happened next. She has, however, been working with a London-based project called Write to Life, run by the Medical Foundation for the Care of Victims of Torture, which has helped her to express herself again through writing.

Her accounts of her life as a refused asylum-seeker in the UK make for chilling reading. Without the right to work, earn money or claim benefits, she was forced for a long time to sleep rough on the streets around King's Cross train station, where, she says: "Men offer you a safe place and then it is like what the policeman did to me in prison."

When she came back into the asylum process for another attempt to secure leave to remain in the country, she was imprisoned, on three separate occasions, in Yarl's Wood, the huge detention centre in Bedfordshire where hundreds of women like Saron are locked up. "I felt nobody was safe in that place," she says. "I thought I'd rather die there than fight. I felt that they had all the power."

During one episode of detention, she stopped eating until she was taken to the hospital. During the third episode, she was placed on suicide watch for a few days before being bundled into a van and driven to the airport. She would be in an Ethiopian jail right now, she tells me, had her lawyer not managed to get her a last-minute reprieve as the van was waiting on the tarmac at Heathrow.

As I walked away from our meeting, what made my heart feel heaviest was not just the thought that this young woman had lived through so much injustice, both in this country and Ethiopia, but also my growing understanding that Saron was not alone. The sad truth is that there are many other Sarons enduring the kind of persecution she suffered as a woman in her own country and the ordeal she went through in the UK when she tried to find refuge here. There are hundreds, even thousands, of other Sarons.

Yet we rarely hear about them, let alone from them. It is as though we edit out the plight of refugee women whenever we talk about equality for women or our desire to help women resist violence. They become the unheard, the voiceless, living among us but invisible. I wonder about the women - perhaps I was one of them - who walked past Saron when she was sleeping rough at King's Cross.

Histories of violence

Many experts are now speaking out about what is happening to women refugees. One of the foremost organisations working for the rights of these women, Asylum Aid, published a telling report in January entitled Unsustainable: the Quality of Initial Decision-Making in Women's Asylum Claims.

The document is not an easy read, but some of the conclusions jump off the page. Many of the decisions that the Home Office makes every day on whether or not to grant women asylum in the UK are badly thought through: "The research found that women were too often refused asylum on grounds that were arbitrary [and] subjective, and demonstrated limited awareness of the UK's legal obligations under the Refugee Convention" - in other words, one could argue that they were illegal.

There is something quite calm and forensic about this sort of language. It's when you meet a woman such as Saron, however, that you
understand what these arbitrary, subjective decisions of dubious legality mean for the women seeking refuge.

“We all know that awful things happen in Africa," Saron says to me. "Nobody claims otherwise. But then you come to a country where there are supposed to be human rights and you find out that they do not apply to you. That is so hard. That's when you realise that you will never be safe. You feel so alone."

The two books I have written, The New Feminism and Living Dolls: the Return of Sexism, have mapped women's experiences of a certain kind - the inequalities that western women come up against every day, from assumptions about our appearance to pressures on our working lives. These things matter; I wouldn't choose to write about them if I didn't care that I, and all women in the west, live in a world that still stifles meaningful equality. But my recent work has brought me up against issues that overshadow many of those experiences.

Five years ago, I co-founded the charity Women for Refugee Women, which works in partnership with other organisations to increase awareness of the experiences of women seeking asylum in the UK. We work with women who are seeking asylum for any reason, but we have discovered that sexual violence is the thread that runs through their stories.

They have been raped or threatened with rape to punish them for speaking out. They have been raped or threatened with rape for being born into the wrong ethnic group or for worshipping the wrong god. Many of them have fled from other experiences that are very specific to women, such as honour crimes, forced prostitution, female genital mutilation and forced marriage.

Women around the world are suffering such abuses. Most of them have no option but to stay within their own communities. A very few manage to cross over to the west, hoping that the commitments that western Europe, the United States and Canada have made to human rights extend to them, too.

Another woman who talked to Women for Refugee Women recently is Alicia. She lived in a society in Cameroon where it was customary for a widow to be married off to the brother of her dead husband. Most women in that situation consent but Alicia refused to do so. She was raped and beaten by her brother-in-law every day while the community stood aside, until a friend took pity on her, took her out of the house and brought her on a plane to the UK.

Once here, she learned that her uncle, in an act of retribution, had killed one of the sons she left behind. "I know that this is the tradition of my country - that a woman must become the wife of her dead husband's brother. But this is
a bad tradition," she says.

Like Saron, Alicia was refused asylum. Like Saron, she was repeatedly imprisoned in Yarl's Wood, and even taken to the airport for attempted deportation.

Tipping points

Even though I have worked in this field for years, I am still shocked by how casually women are refused asylum here. In its report, Asylum Aid noted that Home Office decision-makers often doubted the credibility of applicants' accounts for no good reason.

Indeed, one of the reasons Saron was given for refusal was that, if she had already been imprisoned for so long and had been treated so badly in Ethiopia but had refused to give the police any information, she would no longer be of interest to the government even if she returned, as they would have given up on her. Alicia, meanwhile, was told that her asylum request had been refused because the Home Office believed that her young children would stop their uncle from attacking her.

By using such spurious grounds to refuse these women's applications, the Home Office is trivialising their experiences. It often compounds a women's trauma to have her asylum claim refused. As in Saron's case, refugee women can become destitute, leaving them open to further abuse and exploitation. Many are detained for long periods, as Saron and Alicia were, and this arbitrary loss of liberty can drive them to despair.

We can't call ourselves feminists or supporters of women's rights unless we listen to these women and learn from them. In many ways,
it does not feel like the right time to try to speak up for migrant women - the cuts and the recession have made it harder to shift people's attention away from the problems that we are all dealing with in protecting our jobs and public services.

And yet, in one important way, this is the right moment to bring the experiences of refu­gee women into the foreground. On 8 March, supporters of women's rights and equality between the sexes will be celebrating 100 years of International Women's Day. Film screenings, festivals, marches and parties will take place across the UK. In these celebrations, links will be made between the interests of women in the west and those of women all other parts of the world. Equals - the coalition celebrating Women's Day - includes both organisations that work in the UK, such as the Fawcett Society and UK Feminista, and those that work internationally, such as Women for Women and the White Ribbon Alliance.

In all its campaign messages, the Equals coalition is drawing connections between the experiences of women in the UK and those of women elsewhere. "Why do women feel forced into having sex?" asks its brochure, backing the question up with statistics drawn from life in the UK. But then it asks, "Is being a woman in a warzone more risky than being a soldier?" - referring to statistics from international surveys. One of the coalition's leaders, Annie Lennox, notes: "From India to Illinois, women face violence just for being female."

Only connect

As a feminist, I am excited to see these links being made so clearly. It is essential to raise our eyes from our own experiences from time to time to see what is happening among our neighbours. We cannot talk about the ways in which women who experience violence are disbelieved in our criminal justice system without also listening to the experiences of the women fleeing violence who are being disbelieved in our asylum system.

We cannot talk about how we want equality in our families unless we listen to those who have been forced to flee their own families. And we cannot talk about the need for economic equality without acknowledging the women who are sleeping on the streets of our capital cities, lacking the papers they need to work or claim benefits.

We cannot talk with a superior air about how women are being oppressed in other countries such as Afghanistan or the Democratic Republic of Congo unless we can understand that, even after women have fled from those places to seek refuge in our countries, they may be treated brutally.
If we want a feminism that rests on true solidarity between women of west and east, north and south, the voices of refugee women must play their part. These women are not just victims: many have an important role in increasing our understanding of what women are experiencing throughout the world.

Female refugees can teach us so much. I would not have any notion of how governments all over the planet use sexual violence against women as a tool of ethnic, religious and political persecution if I had not been working, over the past few years, alongside women from countries where this has become a common experience. I would not know about the ways in which women who resist the norms of femininity are punished so violently in some parts of the world if I had not worked with women who had dared to take this path. Nor would I understand how, despite suffering so much in political or domestic conflicts, women who survive these abuses can come to our shores with the desire to rebuild their lives, learn and contribute. Despite the shocking stories they tell, I count myself lucky to have met these survivors of the international wars waged against women, who are determined to move on from their experiences and walk tall.

If you are talking about rights this International Women's Day, you may be talking about what still needs to be done in the UK. Or you may be talking about what needs to be done in far-flung places across the globe. But please understand that these are not separate issues. We are connected.

Saron lives among us, as do thousands like her. No woman is an island. Only when we recognise this will we be able to build a movement that can ensure safety for women such as Saron and others like her.

Some of the interviews were carried out by Sheila Hayman and Melanie McFadyean. Names have been changed “Journeys", readings by women refused asylum in the UK, will be at the Southbank Centre, London SE1, during the Women of the World Festival on 13 March. For more details visit: refugeewomen.com.

Natasha Walter is the founder of Women for Refugee Women, @4refugeewomen

This article first appeared in the 07 March 2011 issue of the New Statesman, The great property swindle

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Rough justice: who is looking out for the wrongfully convicted?

How internet sleuths - and secret courts - have changed the reporting of miscarriages of justice.

The letter from Whitemoor Prison in Cambridgeshire was in poor English but its message was clear. The writer claimed he was serving a life sentence for a murder that he had not committed. What was also clear was that this was no ordinary case. Not only was the victim a respected author and photographer who lived in one of the most expensive streets in London, but his alleged killer was the grandson of Chairman Mao’s third-in-command and an informant for MI6 whose entire defence at his Old Bailey trial had been heard in secret, with reporters excluded from the court.

It took some weeks to unravel the story of Wang Yam, who was convicted of the murder of Allan Chappelow at his home in Hampstead in 2006. Wang had supposedly broken in to Chappelow’s letter box at his front gate to steal bank details and, according to the prosecution, probably killed him when confronted. The victim’s body was discovered several days later.

In his letter, Wang claimed that because the press had been barred from reporting his defence he had not received a fair trial. With my colleague Richard Norton-Taylor, I wrote a story about the case that appeared in the Guardian in January 2014. Shortly afterwards, a former close neighbour of Chappelow contacted us to say that, after Wang was already in custody, someone had tried to break into his letter box, too, and that the intruder, when discovered, had threatened to kill him and his family. In April, the Criminal Cases Review Commission announced that, as a result of this fresh evidence, the case was going back to the Court of Appeal. It is now expected to be heard soon.

Even though no murder trial had ever been heard in such secrecy at the Old Bailey before or since, the media largely ignored the story. Tales of alleged miscarriage of justice don’t make many waves these days.

As it happens, Wang Yam’s referral to the Appeal Court came just as a large book entitled The Nicholas Cases arrived in my mail. It is by Bob Woffinden and the slightly obscure title is a reference to St Nicholas, better known as Santa Claus, who in early Byzantine times halted the execution of three innocent men and could thus claim to be the patron saint of the wrongfully convicted. And, boy, do they need a saint these days. The author takes ten cases, introduces us to the accused, tells their stories and shares the frustration of the convicted men and women as well as their lawyers and families.

Some of the cases may be familiar. Jonathan King, the former singer and music entrepreneur, was sentenced to seven years in 2001 for sexual offences against boys aged 14 and 15. What is less well known is that he was convicted not of offences relating to his original arrest, but of others that came to light as a result of the media publicity surrounding his case. Another case is that of Gordon Park, convicted of the murder of his wife, Carol, who disappeared in 1976 and whose body was found in Coniston Water in the Lake District in August 1997 (the media named it the “Lady in the Lake trial”). Park was convicted in January 2005. He hanged himself in prison and in despair in January 2010.

Other cases, such as that of Emma Bates, received less press coverage. In 2009 Bates was convicted of the murder of her violent and abusive ex-partner Wayne Hill in Birmingham. She killed Hill with a single stab wound in a confrontation at her home, and it is hard, reading her story, to understand why she is now serving a minimum of 15 years. Woffinden believes that all ten suspects should not have been convicted but he tells their stories in enough detail for one to understand why they were. Each tale unfolds like an intriguing television drama, with our judgements and preconceptions
of innocence or guilt tugged both ways.

Woffinden has ploughed an increasingly lonely furrow on the subject, following in the footsteps of two other campaigning authors. The first was Ludovic Kennedy, whose book 10 Rillington Place, published in 1961, exposed the wrongful hanging of Timothy Evans. The second was Paul Foot, who campaigned relentlessly in Private Eye, the Daily Mirror and in books on many cases, including that of the Bridgewater Four, convicted of the murder of a newspaper boy, Carl Bridgewater, in 1978. Woffinden produced a volume called Miscarriages of Justice
in 1987, and in 2015 he published Bad Show, in which he suggests that Major Charles Ingram, convicted of rigging the TV quiz show Who Wants to Be a Millionaire? by placing allies in the audience who coughed strategically, was innocent.

What is striking about Woffinden’s latest volume, however, is his criticism of the media on three counts. “It is not merely that the media fails to draw attention to wrongful convictions when they occur; it is not just that trials leading to these injustices are misleadingly reported; it is that, in some instances, the media itself has played a key role in bringing about the wrongful conviction,” he writes.

***

For over two centuries, the media have been crucial to both freeing and convicting innocent suspects in murder cases. In 1815 Eliza Fenning, a household cook, appeared at the Old Bailey, charged with attempting to poison her employers with arsenic in their steak and dumplings. It was suggested that she had done so after being scolded for consorting with young male apprentices.

She protested her innocence and a radical writer, William Hone, took up her case, visited her in Newgate Prison and launched a newspaper, the Traveller, to fight for her release. It probably did no harm to her cause that she was young and beautiful; the artist Robert Cruikshank drew her reading the Bible in her cell. It was all to no avail: Fenning was hanged. And yet, ever since, writers and journalists have taken up such cases.

Arthur Conan Doyle campaigned in the Daily Telegraph for George Edalji, ­convicted on the bizarre charge of disembowelling a horse in Staffordshire in 1903. Edalji, an Anglo-Indian solicitor, served three years’ hard labour but was eventually pardoned and concern about his conviction led partly to the creation in 1907 of the Court of Criminal Appeal. (Julian Barnes’s book Arthur & George is based on the case.)

Conan Doyle, too, was active in the campaign to prove the innocence of Oscar Slater, a German Jew convicted of the murder in Glasgow in 1908 of Marion Gilchrist, a wealthy, elderly single woman. Class and anti-Jewish prejudice clearly played a part in the police investigation, and the initial press coverage of the campaign to free him was dismissive. “Efforts most harmful and ill-advised are being made to work up popular feeling and to receive signatures with the object of obtaining a reprieve,” the Scotsman sniffed. “However amiable may be the sentiments that may have prompted some of those who have taken part in the movement, it is one that cannot be otherwise than mischievous and futile.” It took nearly two decades to prove Slater’s innocence. Scottish journalists played an important part in keeping the story alive.

Yet for many years there remained the feeling that such miscarriages of justice were very few. Those who sought to question convictions in contentious cases were often mocked, as was the case when the earliest doubts were expressed about the guilt of the Birmingham Six. “Loony MP backs bomb gang” was the headline in the Sun when the Labour politician and journalist Chris Mullin challenged their conviction. But with the vindication of the Birmingham Six, the Guildford Four, the Maguire Seven and suspects in other so-called “Irish cases”, there was finally a recognition that something was very rotten in the justice system.

There followed a flowering of investigations into dubious cases. In 1982, the BBC launched the TV series Rough Justice, which carried out investigations over the next quarter-century. Some of its journalists went on to found Trial and Error, which did the same for Channel 4 from 1993 to 1999. Concerns about the extent of such cases led to the formation in 1997 of the Criminal Cases Review Commission. It has since referred 629 cases back to the Court of Appeal, 414 of which had been successful; a further 689 cases are under review. But both Rough Justice and Trial and Error were discontinued, victims of media austerity.

Investigations into such cases take time and money. With broadcasters and news­papers forced to tighten their belt, there is little appetite for researching complex claims that may lead nowhere. Meanwhile, the introduction in 2013 of new rules affecting funds for criminal cases has sharply reduced access to legal aid lawyers. Lawyers also suffer from the arcane effects of the Criminal Procedure and Investigations Act 1996, with some solicitors still unsure about what can be released to the media.

There has been a change in the political climate, too. Tony Blair encapsulated this in 2002 when he said: “It is perhaps the biggest miscarriage of justice in today’s system when the guilty walk away unpunished.” The subtext to this is that we shouldn’t be too soft-hearted with every plea of innocence. This attitude is reflected in the way that even those who are eventually cleared on overwhelming evidence are treated.

Previously, victims of miscarriages of justice were compensated financially for their lost years. No longer. Victor Nealon, a former postman, was convicted of attempted rape in 1996 and served 17 years – ten years longer than his recommended tariff, because he continued to protest his innocence. In 2013, after new DNA evidence from the clothes of the assault victim pointed to “an unknown male” as the one responsible for the crime, he was freed with just £46 in his pocket. The Ministry of Justice has declined to compensate Nealon financially because, under the new rules, his innocence has to be proved “beyond reasonable doubt” – that is to say, someone else has to be convicted of the crime. It is an absurd state of affairs.

***

The internet – social media in particular – has given platforms and publicity to those who claim to have been wrongfully convicted. Yet, as Woffinden points out, the web has also had a negative effect, because there are now hundreds of sites dedicated to claims of miscarriages of justice. “The whole history of miscarriages of justice in the UK in the postwar era was based on the ‘top of the pile’ principle,” he argues. “A case reached the top of the pile. It was focused on; it was rectified. Another case then took its place at the top of the pile. Now there are far too many cases jostling for attention, with the result that no case gets adequate attention. As the newspapers’ ability to campaign on these issues has been weakened, so they are less inclined to publish stories that they think aren’t going anywhere.”

It is also much harder for journalists to meet people who claim to be victims. When I wanted to visit Kevin Lane, who has long protested his innocence of the 1994 murder of Robert Magill, shot in a hitman killing in Hertfordshire, it took months before officials granted permission. I was accompanied by a Home Office official and our entire interview at Frankland Prison in County Durham was tape-recorded.

Wang Yam, the MI6 informant, was told at Whitemoor after his story first appeared in the Guardian that he was not allowed to correspond with us again, though the Ministry of Justice claims this is now no longer the case. In the United States, a prisoner who wants to contact a journalist has an automatic right to do so, making investigative reporting much easier.

What about the Innocence Project? This US organisation was founded in 1992 and harnessed the energy of law students to investigate cases of alleged wrongful conviction. For a while, the idea flourished in Britain, too; Bristol University launched a version in 2004. However, such projects now struggle to overcome the same hurdles of access and resources as the media.

Not everyone who claims to be innocent is telling the truth, especially if the crime is especially heinous. One case which received much publicity was that of Simon Hall, who was convicted in 2003 of the horrific murder of Joan Albert, aged 79. It was taken up by Rough Justice after an active campaign on Hall’s behalf but then, in 2013, he told prison officials that he was guilty. In doing so, he gravely undermined the claims of many of the genuinely innocent. He hanged himself in prison the following year. As the former armed robber Noel “Razor” Smith notes in his wry poem “The Old Lags”, prison is full of people who claim they were wrongly convicted:

Yeah, I been stitched right up

It’s funny you should ask

I’m here for what I didn’t do

I didn’t wear a mask!

But there is little editorial outrage about a murder trial being held in secret and scant concern that so many dubious convictions slip by, unreported for reasons of economy, indifference or fashion. Contrast those sil­ences about the law with the apoplectic response to the Supreme Court decision last year to uphold an injunction against the Sun on Sunday reporting the names of the “celebrity threesome”. The Sun called it “the day free speech drowned” and quoted the Tory MP Jacob Rees-Mogg, who described the decision as “a legalistic hijack of our liberty”. The Daily Mail informed readers soberly: “Supreme Court judges yesterday declared that people in England and Wales have no right to know about the sex lives of celebrities.” As if. All that was missing was Tony Hancock: “Does Magna Carta mean nothing to you? Did she die in vain?”

***

Where now for wrongful convictions? Louise Shorter, a former producer on Rough Justice, sees a glimmer of hope. She now works for Inside Justice, the investigative unit attached to the prisoners’ newspaper Inside Time, that was set up in 2010 to investigate wrongful convictions. She acknowledges the current difficulties: “Unravelling a miscarriage of justice case can take a decade or more. Television wants a beginning, middle and end to any story and wants it now, and that’s hard to achieve when the criminal justice wheels turn so very slowly.”

Yet Shorter says that her phone has been ringing off the hook following two successful American ventures: the podcast Serial and the Netflix series Making a Murderer. In September, she presented the two-part BBC documentary Conviction: Murder at the Station, in which she investigated the case of Roger Kearney, who protests his innocence of the murder of his lover Paula Poolton. Her body was found in her car at Southampton train station in 2008. “The media finally latched on to what the public has known for years: real-life whodunnits – or did-they-do-its – always have been and remain immensely popular,” Shorter says.

As Wang Yam awaits his appeal hearing and hundreds of others hope that their cases are heard, let us hope that she is right and that we have not returned to the days when only a “loony MP” or the “mischievous and futile” could challenge the law. 

“We’ll All Be Murdered in Our Beds! The Shocking History of Crime Reporting in Britain” by Duncan Campbell is published by Elliott & Thompson

This article first appeared in the 24 February 2017 issue of the New Statesman, The world after Brexit