Affirmative consent in Australia’s refugee and migrant communities

Refugee and migrant women should be leading culturally-specific education and campaigns addressing affirmative consent, Jenny Maturi writes.

Since the advent of the #MeToo movement, Australia has seen numerous policy and legislative changes around the issue of sexual violence and consent. In recent years there have been government-led media campaigns attempting to define consent, the introduction of affirmative consent laws, and reforms to education programs, with consent education now mandated in schools.

Affirmative consent refers to the conscious, voluntary, and expressed consent to participate in sexual activity, also referred to as an ‘enthusiastic yes’.

While, undoubtedly, any sexual activity should be consensual, power relations and systemic inequalities can complicate consent. These may include the presence of domestic and family violence, or structural or cultural barriers limiting access to services.

There are mainstream beliefs that refugee and migrant women’s cultural backgrounds put them at greater risk of violence, or that they lack awareness of what gendered violence is and how to access support services. As a result, they are often targeted in policy interventions that address gendered violence.

However, in some cases, mainstream strategies can result in ‘unintended consequences’ for marginalised groups. As a multicultural country we need to consider the wide-reaching effects that strategies developed to address gendered violence can have for all groups in Australia, and be careful not to repeat colonial patterns that further entrench discrimination and exclusionary practices. As such, refugee and migrant women should lead responses to gendered violence, rather than considering them merely recipients of services.

My research shows that refugee and migrant women are already doing the work on sexual violence and consent. As frontline workers, policymakers, and community leaders, they are supporting women experiencing sexual violence, consulting with communities, and designing interventions.

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In interviews with women who work in funded organisations or who volunteer in their communities, participants were supportive of the premise of affirmative consent: ‘my body = my consent,’ women’s rights, human rights, and the illegality of sexual violence. Some had even produced resources on sexual violence and consent, with one organisation producing a video and booklet on affirmative consent that was translated into 10 languages.

Compared to larger, mainstream organisations, migrant organisations are often poorly funded and resourced. Many have only a handful of workers, or exist as smaller programs within mainstream organisations, whereas some mainstream organisations or programs have upwards of 50 staff. Two migrant organisations I interviewed had been running as voluntary, self-funded organisations for over 10 years. Despite applying for grants, they have so far been unsuccessful.

Mainstream groups, organisations, and policymakers continue to be more successful in obtaining funding. This could be a result of established organisations being larger and therefore more attractive to funding bodies, and some might even have dedicated positions or teams to write tenders.

Problematically, workers in my study reported that larger, mainstream groups were sometimes replicating work already being done by smaller migrant services. In one instance, a migrant organisation was contacted by a mainstream organisation for ‘help’ to conduct a project, similar to one the migrant service had just completed, but with more time and resources.

There was no partnership or benefit to the smaller migrant organisation, just an expectation of introductions to refugee communities and knowledge sharing. This not only replicates work, but also exploits the knowledge, labour, and skills of refugee and migrant women advocates.

More on this: Temporary migrants are being left in the lurch

Addressing gendered violence in some communities can be complex. Refugee communities in particular face challenges of entrenched gendered norms, intergenerational conflict, and experiences of racism and discrimination.

There are also cultural nuances that can be difficult to identify or understand if you are not from that ethnicity, particularly around sensitive issues of sex and consent.

Importantly, policymakers must understand that what works in one cultural context will not necessarily work in another. Participants in my study reported that it is not enough to just translate information into different languages. Instead, they said, organisations offering these services need to ‘take it right back to the beginning’ and start from where people are at.

In order to effectively engage and support these communities, Australia must support refugee and migrant anti-violence advocates to take the lead on these strategies to address sexual violence and consent. By doing so, it will help diversify who holds positions of power in the sector.

In Australian society, it’s become commonplace to talk about advancing women in business and politics, however, we seldom discuss the lack of diversity among women who ‘make it’, and the discrimination and exclusion that women of colour continue to experience.

Intersectional and critical race feminists urge mainstream groups, including mainstream feminist organisations, to ‘give up their power’ and create the space for those with lived experience of these issues. In some cases, this will mean forgoing funding opportunities when they could go to smaller organisations that are led by refugee and migrant women.

Those with resources could also establish meaningful and mutually beneficial partnerships, or even support them to write funding applications.

These are small steps towards a more equitable distribution of funding, but they could make a significant difference in providing better services for refugee and migrant women.