War is inherently dehumanising. It is characterised by wide-scale violence, bloodshed, loss of lives, and property. Recently, the unprovoked and unjustified war of aggression started by the Russian Federation resulted in an immediate refugee crisis. As of 20 March, the United Nations High Commissioner for Refugees (UNHCR) reports that around 3,489,644 refugees have fled Ukraine to neighbouring member states like Poland, Hungary, Romania, Slovakia, and many other European states, since the outbreak of violence on 24 February. It is currently one of the fastest-growing refugee crises in the world.
Undoubtedly, the invasion is a blatant violation of article 2(4) of the United Nations Charter. The repercussions of the reckless war have resulted in a humanitarian crisis but it has also shown the systematic racism faced by non-Ukrainian nationals, with countless examples shared across social media, documenting confrontations with law enforcement officers at various borders of the member states of the European Union (EU).
WARFARE AND INTERSECTIONAL DISCRIMINATION
While so much international solidarity is shown towards the Ukrainian war, little to no respect is offered to refugees from other parts of the world. It is not unknown that war does not affect everyone equally. Discrimination based on sex, race, colour, and nationality is already prohibited under international law in article 14 of the Universal Declaration of Human Rights and under the European Convention on Human Rights.
However, there are certain vulnerable classes of persons such as women, children, the elderly, persons with a disability, and members of the LGBTQI+ community who suffer from intersectional discrimination in warfare. Intersectional discrimination happens when more than one ground of discrimination operates simultaneously. For instance, a black woman fleeing warfare will face multiple grounds of discrimination based on her gender, race, and status as a refugee.
The credit for recognising intersectional theory in anti-discrimination laws goes to Kemberle Crenshaw, who first coined the term in 1989. Since then, intersectional discrimination has informed Queer Rights, Feminism, and the Black Lives Matter movement, to name just a few examples.
Normally, discrimination is understood through a status specific approach such as gender, sex, race, ethnicity, or other identifying factors, which is also adopted by the Convention on the Persons with Disability (CRPD). The Committee, through General Comment No. 6 observed that “intersectional discrimination can be direct, indirect, denial of reasonable accommodation, or harassment”. But it also adopts a twin-track approach, by specifically recognising the multi-faceted discrimination faced by disabled girls and women under article 6. A better understanding of intersectional discrimination as a part of gender equality is reflected through a fluid approach in the Convention on Elimination of all forms of Discrimination Against Women.
PREJUDICED NOTIONS OF WESTERN MEDIA ON NON-UKRAINIAN REFUGEES
The issue is not just a concern of persisting complex and intersecting discrimination. Western media is trying to normalise warfare in third world countries by constantly positioning refugees as migrants, which only exacerbates the issue.
This deeply-rooted racism became evident in the coverage of the Ukrainian crisis. Ukraine’s Deputy Chief Prosecutor, David Sakvarelidze, made his stance clear to the BBC, claiming “it’s very emotional for me because I see European people with blue eyes and blonde hair being killed”.
CBS Foreign correspondent, Charlie D’Agata, referred to the bombing in Kyiv by saying “this is not Iraq or Afghanistan… This is a relatively civilised, relatively European city”.
When speaking on the Ukrainian refugees, an Al-Jazeera anchor stated “what’s compelling is looking at them, the way they are dressed. These are prosperous, middle-class people. These are not obviously refugees trying to get away from the Middle East or North Africa (MENA). They look like any European family that you did live next door to”.
BFM TV (France) reported; “We are in the 21st century, we are in a European city, and we have cruise missiles as though we were in Iraq or Afghanistan, can you imagine!?”. Another dehumanising coverage by BFM stated; “it’s an important question. We are not talking here about Syrians fleeing…We are talking about Europeans”. According to ITV (UK); “the unthinkable has happened. This is not a developing, third-world nation; this is Europe”. The Daily Telegraph published an article by Daniel Hannan, with the view that; “this time, war is wrong because the people look like us and have Instagram and Netflix accounts. It’s not in a poor, remote country anymore”.
In reference to this recent prejudiced coverage, the African Union Commission released a statement saying that; “all people fleeing international borders during conflict should enjoy the same right to cross to safety, notwithstanding their nationality or racial identity”. This was also reiterated by UNHCR, acknowledging the fact that they are aware of the challenges faced by third-country nationals while seeking international protection in Poland.
The Arab and Middle Eastern Journalists Association also released a statement condemning the reporting, which has the ability to normalise tragedy and conflict in certain parts of the world.
MIGRANTS VS. REFUGEES
The Ukraine situation brings about the question: what is the correct terminology for someone fleeing their home?
In 2015, when the EU witnessed an unprecedented influx of refugees, mostly from Afghanistan, Syria, and Iraq, they were yet again termed “migrants” by the media. A Wall Street Journal correspondent explained this as; “Europe is struggling with a migrant crisis…these people…they want to get to Germany, United Kingdom, and Sweden, where better economic conditions are available and they will be able to find jobs”.
Refugees are people constantly on the move, only because they are unable to get the protection of their home state. The 1951 Refugee Convention defines a refugee as someone who has faced persecution based on political opinion, nationality, religion, race, and membership of a particular social group.
It is horrendous to refer to these people as migrants, despite knowing they may have crossed deadly sea routes, on flimsy boats, to arrive at a place of safety. According to IOM, more than 3500 refugees alone have died whilst crossing the Mediterranean Sea.
DOUBLE STANDARDS OF EU REFUGEE PROTECTION
Nothing has changed in the last decade for these refugees from developing nations. Days before the invasion, the Poland-Belarusian border crisis resulted in a humanitarian crisis. According to Grupa Granica, refugees mainly from Syria, Afghanistan, and Iraqi Kurdistan were continuously pushed back and forth between Polish and Belarusian borders. The refugees were not welcomed into the EU, and were treated like animals; left to die in shivering temperatures without food or warm clothes. Ukrainian refugees on the other hand were welcomed by Poland’s EU Commissioner, who even offered to host a family in his home in Warsaw. Contrary to this, it was found by the European Court of Justice in the European Commission v. the Republic of Poland, Hungary and the Czech Republic that they failed to meet their obligations to accept and relocate asylum seekers by mandate in 2015. The crisis back then, which still permeates through today, saw EU members continuously offer discriminatory treatment to refugees.
The persisting disparity reflects the huge gap in the refugee protection system. These factors challenge the core purpose of refugee law, which is to grant a place of safety to refugees. The refugee law aims to provide durable solutions such as resettlement and integration, but these objectives would fail if the asylum systems of nations do not align with international human rights standards.
Refugees are not a synonym of brown people. If anything can be learnt from this war, it is that anyone can become a refugee.
Gursimran is a graduate of the National University of Study and Research in Law. She writes frequently on LGBTQI refugees and rights of transgender people. She is associated with Rethinking Refugees which is a Poland based organisation working for the rights of refugees.