Asylum Research Consultancy (ARC) COI Update Volume 56
This document provides an update of Country Guidance case law and UKBA publications and developments in refugee producing countries between 23/04/2013 and 06/05/2013 - Volume 56 <> here . . .
Don't Let Home Secretary Load Dice Over Human Rights
There is no justification for the new immigration bill – and it's a move guaranteed to harm unpopular minorities. In the Queen's Speech the Government announced plans to limit the use of Article 8 of the European Convention on Human Rights. The changes are likely to be popular, thanks to longstanding campaigns by some newspapers to restrict the rights of foreigners who have committed crimes here.
But there are reasons why we should be very wary about this proposal, as it could greatly alter the balance of power between judges and the Executive.
Read more: Adam Wagner, < >New Statesman, 08/05/13
Keep Mary Safe! - Tribunal Hearing - Friday 10th May
Asylum and Immigration Tribunal
1st Floor Piccadilly Exchange
2 Piccadilly Plaza
Mosley Street
Manchester
M1 4AH
We look forward to seeing many of you on Friday 10th May!
For more information about the case see <> Mary's Campaign page
Solidarity With Mohammed Al Halengy
The Foreign Office's 2012 report into Human Rights and Democracy (available <> here) asserts that "the human rights situation in Sudan deteriorated in 2012, including new restrictions on civil and political rights" while also acknowledging that "there are widespread reports that security forces routinely carry out torture, beatings, rape and other cruel and inhumane treatment or punishment". Despite clear acknowledgement of the poor human rights record of President Bashir's Sudanese state, the UKBA are continuing in their attempts to deport dissidents and victims of torture back to the Sudan.
For more information please see <> Mohammed's campaign page
Tougher to be a Mum in Britain Than Most of Europe
Britain is a worse place to be a mother than most of its European neighbours, including Germany, France and Ireland, claims a global survey of women's health and political influence. This country's levels of maternal and infant mortality are higher than in many Western nations, while numbers of women in government in Britain are far lower than around the world. The UK was ranked 23rd in the annual Mothers' Index compiled by Save the Children.
Ten Worst Countries for Childbirth
Every year, nearly 3 million babies die within the first month of life, most from preventable causes. More than a third of these babies die on their first day of life – making the birth day the riskiest day for newborns and mothers almost everywhere.
10 worst countries: DR Congo, Somalia, Sierra Leone, Mali, Niger, Central African Republic, Gambia, Nigeria, Chad, Côte d'Ivoire
Why such slow progress in reducing newborn deaths? One reason is that until recently many believed – incorrectly – that little could be done to save newborn lives in the poorest countries. We now know that newborn deaths are not inevitable and that low-income countries can make significant progress in reducing newborn mortality. We have identified the three major causes of these deaths – complications during birth, prematurity and infections – and we have developed a set of interventions that can prevent or treat each of these causes.
Read more: <> Save the Children, 07/05/13
Tougher to be a Mum in Britain Than Most of Europe
Britain is a worse place to be a mother than most of its European neighbours, including Germany, France and Ireland, claims a global survey of women's health and political influence. This country's levels of maternal and infant mortality are higher than in many Western nations, while numbers of women in government in Britain are far lower than around the world. The UK was ranked 23rd in the annual Mothers' Index compiled by Save the Children.
Communal Clashes In Nigeria Kill At Least 39
Clashes between rival ethnic groups have killed at least 39 people in eastern Nigeria's Taraba state since they erupted on Friday, police said. Members of the Jukun were marching through the small commercial town of Wukari to a funeral when an argument broke out with local Hausa and Fulani youths, which quickly degenerated into pitched battles with guns and machetes. Attackers set fire to around 40 houses, police said.
Taraba state is part of a volatile "Middle Belt" where Nigeria's largely Christian south and mostly Muslim north meet. Violence often flares in the Middle Belt over land disputes between semi-nomadic, cattle-keeping communities such as the Fulani and settled farming peoples like the Jukun.
Read more: <> Reuters 4th May
Enough religion in the world to make humanity hate each other, but not enough to make them love one another
Worst State Violators of Religious Freedom 2013
Burma, China, Eritrea, Iran, North Korea, Saudi Arabia, Sudan, and Uzbekistan
Not far behind: Egypt, Iraq, Nigeria, Pakistan Tajikistan, Turkmenistan, and Vietnam
U.S. Commission on International Religious Freedom (USCIRF), an independent federal advisory body created by the International Religious Freedom Act (IRFA) to monitor religious freedom abuses abroad, has released its 2013 Annual Report. The Report highlights the status of religious freedom globally and identifies those governments that are the most egregious violators.
ÒThe state of international religious freedom is increasingly dire due to the presence of forces that fuel instability. These forces include the rise of violent religious extremism coupled with the actions and inactions of governments. Extremists target religious minorities and dissenters from majority religious communities for violence, including physical assaults and even murder. Authoritarian governments also repress religious freedom through intricate webs of discriminatory rules, arbitrary requirements and draconian edicts,Ó said Dr. Katrina Lantos Swett, USCIRFÕs Chair.
For the individual country reports go <> here . . . .
Primark Complicit in Murder of 622 Bangladeshi Garment Workers
The recent Savar tragedy in Bangladesh could have been prevented. Despite cracks appearing on walls and warnings from local engineers on the day before Rana Plaza building collapse, the owner of the factory forced workers to occupy the building.
Organize a Protest outside Your Local Primark
Give Primark CEO a piece of your mind
Email/fax/Phone Primark Chief Executive Officer Paul Marchant
Paul.Marchant@primark.co.uk
Primark Stores Ltd (Head Office)
41 West Street
Reading
Berkshire
RG1 1TT
Tel: 0118 960 6300 / Fax: 0118 960 6301
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Woman, 81, Left To Starve After Immigration Raid
Gloria Foster, 81, a frail widow with dementia, was entirely dependent on four daily visits from carers, who fed her, helped her get out of bed and gave her medicine. But for nine days in January she was left to starve after an immigration raid on the private care company contracted to look after her.
Somehow in the days following the raid and closure of the agency Carefirst24, the local authority forgot about her. She was discovered on a chance visit by a district nurse and taken to hospital, where she died in early February.
Read more: Guardian <> 09/05/13
Hindu Hell On Earth: Families Flee Persecution In Pakistan
They had waited for years. So when the opportunity came they took it, even if it meant leaving behind friends and neighbours, brothers and husbands. Even a three-day-old baby boy. Seven weeks ago, almost 500 Hindus from Pakistan crossed into India on the pretence of visiting a religious festival. In reality, they had come to escape religious persecution and poverty. Some said they would rather commit suicide than go back.
Though Pakistan was established as a state for Muslims, the original vision of its founder, Mohammad Ali Jinnah, was of a place of tolerance and inclusion. "You are free to go to your temples, you are free to go to your mosques or to any other place or worship in this State of Pakistan. You may belong to any religion or caste or creed – that has nothing to do with the business of the state," he said in speech in August 1947. Yet Jinnah's vision has steadily been eroded. Today, as Pakistan prepares for a historic election on 11 May, its Christians and Hindus, which together comprise perhaps 3 per cent of the population, face persecution and assault. Some have fled.
Read more: <> Indpendent, 07/05/13
Inquest Death Of Jimmy Mubenga Begins Monday 13th May
The inquest into the death of Jimmy Mubenga will begin at *Isleworth Crown Court on Monday 13 May 2013. Before Karon Monaghan QC, Assistant Deputy Coroner for Hammersmith and Fulham . It is scheduled for 8 weeks. There will be no evidence heard on the first day. Evidence will begin on Tuesday 14 May with a statement from Jimmy Mubenga's wife, Adrienne Makenda Kambana, followed over the next few days by evidence from the escorting officers involved in the restraint of Mr Mubenga.
Jimmy Mubenga, a healthy 46 year old Angolan man, died on 12 October 2010 following restraint by three G4S security guards on a flight from Heathrow airport to Angola. G4S is a private security firm which was contracted by UK Border Agency to escort deportees on flights until the end of April 2011. Reliance (now known as Tascor), also a private security company, took over the contract in May 2011.
Mr Mubenga left behind a widow and five children aged one to 17 years at the time of his death.
The family hopes the inquest will address the following questions:
- Did the officers or any one of them use unreasonable force while detaining Mr Mubenga on the aircraft?
- What oversight and safeguards were in place to monitor enforced removals?
- What action was taken by UKBA/ Ministry of Justice/G4S in response to growing cross sector knowledge about the risks of restraint in the seated position?
Adrienne Makenda Kambana, Jimmy Mubenga's widow said: "Jimmy has gone forever. We need justice. Justice will help Jimmy rest in peace. Justice will give the other passengers on the plane piece of mind about what happened. Justice will protect people in the future because I don't want anyone else to be in my shoes. Justice will help my children not to feel angry about what happened to their father. I need justice especially for my daughter who did not get the chance to know her father. We will never forget Jimmy."
Deborah Coles, co-director of INQUEST said: "INQUEST is extremely concerned about this brutal death at the hands of private G4S security guards. A wealth of evidence exists about the dangers of restraint techniques following other restraint related deaths and is well known to both the Home office, UKBA and G4S.
"Restraint in a seated position was known to be extremely dangerous following the death of 15 year old Gareth Myatt in 2004 in Rainsbrook STC, which was also contracted to G4S. The inquest must explore both the actions of the guards, the legality of the restraint used as well as the actions of those with corporate control and oversight."
INQUEST has been working with the family of Jimmy Mubenga since his death in 2010. The family is represented by INQUEST Lawyers Group members Mark Scott from Bhatt Murphy solicitors and barristers Henry Blaxland QC of Garden Court and Fiona Murphy of Doughty Street.
*Isleworth Crown Court, 36 Ridgeway Road, Isleworth, Middlesex TW7 5LP
UKBA Guidance:Applications Leave to Remain as a Stateless Person
This UKBA Caseworkers Guidance: provides information for caseworkers dealing with applications for leave to remain as a stateless person. /
Updated: 01 May 2013 - Download here . . . .
Garden Court Chambers - Immigration Law Bulletin - Issue 323
DR Congo: UN Food Relief Agency Warns of 'Triangle of Death'
The United Nations World Food Programme (WFP) has warned that the security situation remains volatile in the so-called "Triangle of Death" – the area between the towns of Pweto, Mitwaba and Manono, in the Katanga province of the Democratic Republic of the Congo (DRC).
According to WFP Spokesperson Elisabeth Byrs, deteriorating humanitarian conditions and ongoing attacks from Mai Mai fighters have forced more than 200,000 people to flee their homes since April. "Inside this triangle, because of attacks of armed groups, the population have left and they have taken refuge in the three cities," she said, adding that the constant attacks, lootings, rapes had first sent the population fleeing into the bush. They then took refuge in the cities, where the World Food Programme is assisting them with food rations and humanitarian assistance.
Read more: <> Reliefweb, 03/05/13
Europe's Pariah State? Future of Human Right in Britain
Since taking office in September 2012, Grayling has made no secret of his desire to get rid of the Human Rights Act and to 'dramatically curtail' the role of the European Court of Human Rights in the UK.2 In October he refused to rule out an exit from the European Convention, despite the concerns of senior Tories such as Grieve and Kenneth Clarke (Grayling's predecessor in the ministry). Grayling's front-bench colleague, home secretary Theresa May, was said to be drawing up a manifesto promise to repeal the Human Rights Act. And in April, the prime minister was reportedly considering temporary withdrawal from the Court in order that Abu Qatada can be deported
Frances Webber, a retired human rights barrister and author of Borderline Justice: the fight for refugee and migrant rights, examines Britain's difficult relationship with the European Human Rights Convention.
Download the article <> here . . . .
7 actual or potential conflict situations around the world deteriorated and two improved in April 2013, according to CrisisWatch.
Deteriorated Situations: Afghanistan, Bangladesh, Central African Republic, Iraq, Lebanon, Pakistan, Venezuela
Download the full report: <> CrisisWatch N°117
ILPA Latest Service Update and Information Sheets
Update 53: Topics Covered include
Legal Aid including Changes from 1 April 2013 and New Legal Aid Consultation / The Agency formerly known as the UK Border Agency
Asylum Operating Model / Visit Visa Appeals
Information Sheets:
Legal Aid: New proposals
Exceptional Case Determinations
Asylum Operating Model
Kind Regards. Sarah Myerscough
Legal Officer / Immigration Law Practitioners' Association
ILPA website
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