Dr. Salome Mbugua:

Thank you so much for the opportunity to speak to the committee today. I am joined by colleague, Ms Leina Ibnouf, from AkiDwA, which was established in 2001. Our work is informed by migrant women through service provision, outreach, networking, and research. Migrant women's access to justice is rendered by many factors which are intersectional based on their race, gender and ethnic background. Given their particular racial and gender-based needs and challenges, migrant women have reported to AkiDwA on their experience of racism and discrimination while trying to access legal services or enter into legal service provision, including verbal abuse, intimidation, disbelief, mistranslation and culturally insensitive behaviour.

Allow me to share with the committee some of the experiences of migrant women as a minority group engaging with the structures and institutional apparatus of the justice system in Ireland. Based on our work with migrant women, we have noted an under-reporting of crimes. Women do not come forward to report. AkiDwA members have experienced a lack of cultural understanding among legal service providers and a lack of awareness of culturally sensitive issues which leads to misunderstandings, negative perceptions and stereotypes which hinder delivery of proper support and services. Complaints have been made about poor service from An Garda Síochána and racial profiling is still a problem.

Many migrant women struggle to access information about legal services in Ireland. As a result, many do not know where or how to receive legal assistance or access justice in Ireland. The legal and justice systems in Ireland are very different to what many migrant women are used to. A lack of awareness of their rights including legal rights and protections in the context of domestic violence, hampers them.

I will now focus on issues facing migrant women as minorities engaging with the justice system. An area of enormous concern to our members is that of immigration and asylum. There are particular legal issues facing refugee women and those in direct provision centres, especially surrounding the asylum and interview processes. This includes long delays in the application process, without definitive decision dates which causes demoralisation and damages women's mental health and well-being.

Another key area of concern for IkiDwA is sexual and gender-based violence. So many women are affected by such violence, as is clear from reports from Women's Aid but their legal status is a particular issue for those women who depend on their husbands to be able to stay in this country. We also have a problem with the habitual residency condition which means that many women find themselves destitute, together with their children. While Ireland has a policy which allows to women in abusive relationships to apply for legal resident status independent of their abuser, this is at ministerial discretion and not on a statutory footing. There should be an urgent review of all policies that hamper women in terms of safety and equality.

AkiDwA also empowers professionals and front-line staff working with migrant, refugee and asylum-seeking women to understand cultural differences. We also work with many women who have been affected by female genital mutilation, FGM. While we appreciate that we have the Criminal Justice (Female Genital Mutilation) Act 2012 in Ireland, we still do not have a national action plan to address FGM in Ireland. Trafficking is also a huge problem, and many migrant women are treated as criminals when they are caught. They are not supported to relate their experiences or to tell what has happened to them during the trafficking process.

Access to legal supports and services are limited for these women, sometimes due to language barriers, fear of alienation, lack of cultural competency or fear of stigma due to cultural and religious traditions. There is a need to increase legal support and to provide access to appropriate interpretation and support facilities. There are many others issues we would like to bring to attention of the committee. These can be seen in our report. We have not even mentioned the victims of racism. We welcome any questions in that regard. My colleague, Ms Ibnouf, can answer them because she is working on an organisation called Community Alliance Against Racism. This will provide victim support for people who are experiencing racism.