My name is Khadija – South Africa’s asylum system is failing me

03 April 2021

Khadija is a Yemeni ex- Muslim who grew up in Saudi Arabia under the patriarchal strangle of her fanatically religious family, and the unjust laws that imprisoned her in an abusive household. In 2019, she gathered the courage to flee her city of birth, Riyadh, to seek asylum in South Africa. Her journey has not been an easy one. Her fight to remain here continues. This is her story.

Khadija is the sixth of thirteen children. Her family is ethnically Yemeni, but she was born in Riyadh and lived there her whole life, visiting Yemen only once on a family vacation. Her life, growing up in the puritanical Saudi Arabian society was often brutal on her as a woman and as a Yemeni. Her family household was not a haven of relief, or a sanctuary from the discrimination she faced outside. Instead, her father and brothers created a prison for her. She says: “Since my birth and my awareness of life, I was a prisoner of my extremely radical and religious family.”

The toxicity of her home life started young when at the age of four she was forced into hijab, and physically abused if she dared to remove it. She says she was even threatened with murder by her father.
Later she was sexually abused by her brother.

As she grew older, Khadija was abused more frequently by her brothers and father. She recalls a time in 2015 when she “spent five months locked alone in the bathroom by my family. This was because my father thought I was attempting to ¬flee.” She says that she was locked away, had her phone taken and was restricted from engaging with the outside world because her family feared she would run away.

She began to doubt her future in Riyadh after discovering that she was asexual and had no intention to be in a relationship with a man. Her father and brothers beat her violently for rejecting marriage proposals. They refused to understand her sexuality or her preference to remain unmarried as a woman. They considered her a source of shame.

Khadija has scars on her arms, legs and face, as well as a stab mark on her back as testimony of the abuse she faced in her past.

Furthermore, she found that she no longer identified with the religion of her family, she knew that if she renounced Islam publicly, she would be killed, if not by her abusive family than by the blasphemy laws of her birth country.

After years of trauma, Khadija approached a Human Rights organisation in Saudi Arabia, but claims that she was not assisted and instead that she was turned away and told to go to the Yemen Embassy.

In January 2019, Khadija did just that. She visited the Yemeni Embassy, but instead of being assisted, the officials there insisted that they speak to her father. Recounting her traumatic ordeal in her testimony at the Asylum Office at Home Affairs Marabastad in Pretoria, she says “On 22nd January of 2019, my father visited the Yemeni embassy and they insisted that my father forces me into marriage…They also told him to ‘honour’ kill me. All of this took place in the Yemeni embassy in the presence of the lawyer Zahir Al-Hamdani, the consul Mohamed Saif, and many other embassy employees.’’ She says that her choice to go to the Yemeni Embassy with her complaint angered her family: ‘’This caused me psychological and physical abuse and pain, and I was constantly death threatened.”

Determined to continue her fight for freedom, Khadija went on hunger strike which landed her in hospital where she confided to nurses of her ordeal. In turn the police were called in. They gave her an ultimatum, either she returns to her abusive family or be jailed for disobedience.

This was when she made up her mind to leave forever.

Khadija says that at the time she had a volunteer job in Alesha, Riyadh. One day after her brother dropped her off at work, she took an Uber to the airport where she boarded a flight to Johannesburg.

Image: Khadija in Riyadh wearing compulsory niqab as she leaves the mosque, a form of clothing that she says is oppressive


Her first attempt to secure asylum was rejected. The officials she spoke with at the Asylum Office in Pretoria in 2019, claimed that she did not properly explain the dangers posed to her life in Saudi and Yemen where she has citizenship. Her inability to speak English fluently meant that she could not properly articulate her situation and that the officials involved rushed the process. She claims the entire process lacked empathy. It was purely bureaucratic and discriminative.

“My fingerprints, a personal photo, and my personal information were taken. My passport was taken in by Home Affairs and I was given a date for my first interview on October 29, 2019, and after the interview, my request was initially rejected.”

She says that her asylum application document allowed her to remain in the country for three months, then upon renewal another three months. Then it was extended by a year.

She has been allocated a case worker and was instructed to submit a written testimony which she has, but has seen no change to her status. Without being granted asylum, Khadija lives in limbo. She is unable to secure proper employment or get a driver’s licence and she cannot even open a bank account.

Khadija says she is still hoping for a change to her situation. She is hoping that her application, after review, will be approved, and she is relying on her case worker at the Asylum Office in Pretoria to make this a reality.

The process has been long, financially and emotionally draining. Without a secure revenue of income, she could not afford a lawyer and without a lawyer she feared that her case was as good as rejected again.

Desperate and alone, Khadija reached out to a friend for assistance; Dr Elham Manea. Another Yemeni living in Sweden and working as a Professor at the University of Zurich. She asked Manea to help highlight the urgency of her situation in a letter to the Asylum Office. From the Institute for Political Science at the University of Zurich, Dr Elham Manea, Khadija’s friend, writes “Her (Khadija’s) situation is doubly compounded by real and direct threats of persecution in Yemen and Saudi Arabia.” Manea has studied the political situation for years and works in advocacy campaigning for Human Rights in the region. In a three-page letter she outlines Khadija’s plea, the death penalty for apostacy in both Yemen and Saudi, the raging war in Yemen, and the threat of male violence in the form of honour killings. Still, no response from the Asylum Office or Khadija’s case worker.

Another of Khadija’s friends, a Saudi expat, who was in a similar situation as Khadija, and who has been granted asylum in Canada, also wrote to the Asylum Office in Pretoria attempting to explain Khadija’s predicament and need for asylum. Nourah Mazhar describes herself as a “feminist and women rights activist… former Muslim and Bisexual [and a] dissident.” Like Elham Manea, Nourah Mazhar pleads for Khadija’s case to be taken seriously saying that “several have lost their lives already” trying to flee Saudi’s patriarchal hold on women. Again, the plea falls on deaf ears. From the Asylum Office, only silence.

Khadija has spent the past year and a half frantically pleading with government departments, NGO’s and civil society organisations to help her secure her residency. She fears she is running out of time. Her asylum documentation expires in just eighteen months. It will be renewed as per government COVID-19 protocols, but Khadija will continue to live country-less, without a job or financial security and unable to attain basic support.

Furthermore, Khadija is afraid that if her application is rejected, she will be deported, she tells me, “I don't want to lose my right to asylum and be deported and killed.”

In March of this year, she was finally heard somewhere. An Australian NGO gave her $700 to hire a lawyer.

When I asked her why she thinks the case worker refuses to attend to her case, she said “The employee in the Asylum Office who picked up my case is not interested in my life.” She also said: “The Asylum office doesn't have an idea about Islam and Yemen and Saudi Arabia.”

Saudi Arabia’s blasphemy laws include the death penalty for apostacy. Guardianship laws mean that women who disobey the authority of their male guardians can be imprisoned where they would experience extreme violence and injustice, including rape and prolonged jail sentences.

And in Yemen, the destruction of war places the possibility of justice for Khadija and others far from within reach.

All of this has been well documented in the media and by advocacy campaigns and international NGOs.

Khadija keeps a wealth of evidence of her ordeals; photographs and documents, legal recordings and letters, still, she says, “The Asylum Office does not believe me.”

Khadija says that her dream is to be a journalist or a pilot. She wants to live in safety so that she can be free to realise her aspirations and live her life without fear of persecution.

When I asked Khadija why she chose South Africa as her destination of asylum she said she was inspired by Nelson Mandela “his struggle, and his long imprisonment followed by success due to persistence.” She says this reminds her of her own struggle against oppression and injustice.

“South Africa is a democratic country,” she says, “where all its citizens and residents have the freedom of belief and are protected by the law.”

For asylum seekers like Khadija, the dream of a just, democratic South Africa is far from a reality.
Xenophobia, corruption, broken and dysfunctional government structures and procedures, ignorance, as well as a general lack of interest or empathy are all hinderances in Khadija’s path to freedom.

If you, or someone you know, can assist Khadija with her case, please send us an email at
info@atheistmuslims.co.za


-- AMSA
 



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