For years now, migrant and refugee women have taken up their own fights by drawing attention to the underlying patriarchy that enables the objectification, vilification and sexual violence of women in the workplace.
Before Brittany Higgins’ precedent-setting case, Dhanya Mani, Indian-Australian activist spoke out about her experience of being assaulted by another staffer while working in the NSW Liberal Party. She wrote to the office of former Prime Minister, Scott Morrison, for help but did not receive any. As Higgins mentioned in one of her speeches, the bravery of Dhanya Mani and women like her inspired her to speak out about her own experience. In 2019, Dhanya Mani and Chelsea Potter launched the movement, Changing our Headline (later changed to Kate’s List) and has been advocating to make Australian politics and workplaces safer for women and minorities to participate ever since.
Outside of the corridors of federal and state politics, there is much evidence to suggest that even after decades of dialogue and reform, many Australian workplaces, continue to remain unsafe for women. Of those who experienced workplace harassment in the last 5 years, 91 percent were women. Again, migrant and refugee women are at the forefront in the fight for safer workplaces. Twelve migrant women – 11 of whom are on temporary visas – have sued Perfection Fresh, one of Australia’s largest fresh produce companies, for workplace sexual harassment and assault. The experiences of the ‘Perfection 12’ as they are now known, are reminiscent of others who have come to Australia under the Pacific Australia Labour Mobility (PALM) scheme as seasonal workers. A significant proportion of women employed under the scheme have reported experiencing various forms of violence, including sexual assault and harassment, and feeling unsafe in their accommodation.
The stories of unchecked sexual violence committed against seasonal workers on farms has been a well-documented issue and have shone a light on the stark power that employers hold and the systems that enable different forms of exploitation. Many migrant workers, especially those on temporary visas, often endure a vicious system that enables wage exploitation and migration precarity. As a result, women are forced to tolerate mistreatment and unsafe working conditions out of fear for what seeking support and help could mean for their employment or visa status, or pathways for future permanent residency.
Everyone has the right to a workplace that is gender equitable, safe, and free from sexual violence. The positive duty obligation brought about by the Australian Human Rights Commission is a step in the right direction, where businesses and workplaces in Australia are now required to actively prevent sex-based discrimination and sexual harassment from occurring at work. However, like all one-size-fits-all approaches to complex social issues, this is not enough.
Our Government and institutions need to address visa conditions that favour exploitative employers and the lack of access to social security payments, which can result in migrant and refugee women’s experiences of financial abuse. We need policies that don’t ignore the gender discrimination and racism that exists in our labour market. Migrant and refugee women encounter significant barriers in the workforce, namely the devaluing of overseas qualifications and lack of leadership or networking opportunities, resulting in social decline and de-skilling over time. Add to this to the fact that migrant women bear the brunt of unpaid care and we can see why race and gendered discrimination can push women off their chosen career paths and into insecure, precarious work.
At this pivotal moment, we need to listen to migrant and refugee women workers to better understand the ways inequality and racism can lead to workplace violence and harassment.
Like Dhanya Mani, the ‘Perfection 12’, and countless migrant and refugee women have courageously taught us, it’s time we all fight for meaningful change and amplify migrant and refugee voices in order to prevent all forms of gender-based violence in the workplace.
If you would like to be a part systemic change, the Australian Law Reform Commission is currently accepting submissions on Justice Responses to Sexual Violence until 24 May 2024.
If you would like to learn more about how to support the ‘Perfection 12’ please visit the United Workers Union campaign website.
This article was first published in edition #132 of The WRAP on April 2024.