News & Views Monday 31st Augut to Sunday 6th September 2015

The Refugee Crisis That Isn't

European leaders may differ about how to respond to the asylum-seekers and migrants surging their way, but they seem to agree they face a crisis of enormous proportions. Germany's Angela Merkel has called it "the biggest challenge I have seen in European affairs in my time as chancellor." Italian Foreign Minister Paolo Gentiloni has warned that the migrant crisis could pose a major threat to the "soul" of Europe. But before we get carried away by such apocalyptic rhetoric, we should recognize that if there is a crisis, it is one of politics, not capacity.

This "wave of people" is more like a trickle when considered against the pool that must absorb it. The European Union's population is roughly 500 million. The latest estimate of the numbers of people using irregular means to enter Europe this year via the Mediterranean or the Balkans is approximately 340,000. In other words, the influx this year is only 0.068 percent of the EU's population. Considering the EU's wealth and advanced economy, it is hard to argue that Europe lacks the means to absorb these newcomers.

Read more: Huffington Post, 03/09/2015


Europe Can Do More To Protect Refugees
For many years European countries have been warned about the inadequacy of their immigration and asylum systems. Now, with increased refugee arrivals and more frequent tragedies, this system is showing all its weaknesses. But refugee arrivals are not the real cause of this collapse. The real reason is political.

Regrettably, more often than not, politicians ignore facts. With the outstanding exception of Germany, in the majority of the EU countries politicians are competing with each other in sending bad signals to the public. France and the United Kingdom – the latter being a country where asylum applications have remained stable over the last few years - could not find a better answer to the needs of some 3,000 migrants in Calais than to send the police and allocate money to reinforce surveillance. In Denmark – where asylum applications have not increased significantly compared to 2014 - the parliament approved last Wednesday a cut in refugee benefits, with the declared intent to make the country less attractive to refugees. In Poland – where asylum applications in 2014 dropped by 50% compared to 2013 - the country’s president spoke against the possibility of taking more asylum seekers, although the number of asylum applications remained low in the first half of 2015 too.
With a steep increase in asylum applications and little if any help from fellow EU countries, Bulgaria and Hungary have made the bad choice of sealing off their borders. This is certainly not the right answer to those who seek international protection. But the inconvenient political truth is that this comes also as the result of an EU asylum system which penalises countries placed at the border of Europe.
The real problem is not the arrival of refugees, but this desultory, almost hysterical response to it. More than a refugee crisis, this is a political one, where States demand less Europe, when in reality we need more. To save a Europe of solidarity and human rights, we must rethink its approach to migration.
Nils Muižnieks, EU Commissioner for Human Rights  02/09/2015


Longest Recorded Lengths of Detention @ 31st June 2015

One person has now been detained for over five years

[UKHO will not give the name or location of the detainee, incarcerated for the last five years; if anyone on list, knows and is in contact please get back with details.]

 As at 30 June 2015, National Statistics show that of the 3,418 people currently detained solely under Immigration Act powers in immigration removal centres, short term holding facilities and pre departure accommodation, the 20 longest recorded lengths of detention were:

1,880 days – 5.1 Years

1  Male

1,391 days – 3.8 Years

1  Male

1,364 days – 3.7 Years

1  Male

1,358 days - 3.7 Years

1  Male

1,212 days – 3.3 Years

1  Male

1,138 days – 3.1 Years

1  Male

1,064 days – 2.9 Years

1  Male

1,015 days – 2.7 Years

1  Male

1,012 days - 2.7 Years

1  Male

973 days – 2.6 Years

1  Male

959 days – 2.6 Years

1  Male

932 days – 2.5 Years

1  Male

907 days 2.4 Years

1  Male

872 days – 2.3 Years

1  Male

867 days  – 2.3 Years

1  Male

866 days - 2.3 Years

1  Male

860 days - 2.3 Years

1  Male

833 days  - 2.2 Years

1  Male

790 days  -  2.1 Years

1  Male

789 days   -  2.1 Years

1  Male


Home Office Refuse MP's Request to Visit Yarl's Wood IRC
Catherine West MP has written to the Home Secretary today to express her disappointment at the Home Office's refusal to let her visit Yarl's Wood Immigration Removal Centre and to urge her to intervene.

As the new Member of Parliament for Hornsey and Wood Green, Catherine first wrote to the Immigration Minister James Brokenshire on 17 June to request a visit to see conditions at the centre for herself. Two months later she was finally told that her request had been denied.

The response from the Home Office said that all requests are "carefully considered" to protect the privacy of those detained and that "we are not able to agree to a visit out of general interest in the centre".

Catherine West MP said "I'm appalled that as a Member of Parliament I'm being denied the opportunity to visit Yarl's Wood Immigration Removal Centre and it concerns me that the Home Office is so keen to avoid scrutiny. My diverse constituency is home to many people from all over the world and the conditions of vulnerable women being held in centres like Yarl's Wood is an important issue here. I want to see this for myself and have written to Theresa May to urge her to step in and get this decision overturned"

Natasha Walter, director of Women for Refugee Women said: ‘We are disappointed that the Home Office has refused permission to Catherine West MP to visit Yarl’s Wood detention centre and see for herself how women, including survivors of sexual violence and pregnant women, are treated in detention. This shows a worrying lack of transparency about what is happening in Yarl’s Wood and suggests that the Home Office feels that there is something to hide. We welcome MPs’ growing interest in Yarl’s Wood and their desire to see for themselves what is going on. Our research suggests that too many survivors of sexual violence and torture are locked up for long periods and that detention is extremely distressing as well as unnecessary. On 10 September there will be a backbench debate in Parliament about immigration detention; this has become an urgent concern for MPs in all parties and we feel it is time for the Home Office to respond transparently and positively to calls for reform.’

Sign the petition calling on the Home Office to reverse this decision.


Female Genital Mutilation: Grounds for Seeking Asylum
A growing number of asylum claims are being made on grounds based in Female Genital Mutilation/Cutting (FGM/C), also commonly referred to as 'female circumcision'. Claims are made by parents on behalf of their daughters, by girls, and by adult women on their own behalf. This page aims to provide resources for lawyers representing such claimants.
A 2013 UNICEF report stated that more than 125 million girls and women worldwide have undergone genital cutting. FGM/C is prevalent throughout west, east, north and north-eastern regions of Africa, as well as in parts of Asia, the Middle East, and among migrant and refugee communities from these regions living in Europe, Australia, New Zealand, Canada and the US. 
FGM/C comprises of procedures that surgically alter female genital organs for non-medical reasons. The procedure is generally carried out on young girls between infancy and 15 years of age, most commonly before just puberty. In some countries, for example Sierra Leone, there are efforts to make it illegal until a girl is 18 and can consent.  These laws have had perverse effects, encouraging circumcision before such laws can take effect.
Read more: Rights in Exile


Alarming Attacks Against Refugees in Germany
The list of attacks against centers for asylum seekers in Germany is alarming. During the first six months of this year alone, the German Interior Ministry registered 173 such offences, the majority of which were arson attacks. And the list is getting longer.

Almost every day, the media reports new xenophobic attacks and hate-motivated demonstrations, most recently from the town of Heidenau in Saxony, where right-wing extremists rampaged in front of a center for asylum seekers for three consecutive nights and attacked police with bottles, stones, and fireworks.

Read more: Human Rights Watch, 31/08/2015


UKHO CIG: Democratic Republic of Congo: Treatment on Return

1. Introduction
1.1 Basis of Claim
1.1.1 Fear of serious harm by the state on return to the Democratic Republic of Congo (DRC) because the person has unsuccessfully claimed asylum in the UK and/or has been convicted of an offence in the UK.

1.2 Summary of Issues to Consider
1.2.1 Is a failed asylum seeker (FAS) and / or a foreign national offender (FNO) who is to return to the DRC (voluntarily or by force) at risk of mistreatment or harm by virtue of having claimed asylum in the UK and / or having been convicted of an offence in the UK?
1.2.2 If refused, is the claim likely to be certifiable as ‘clearly unfounded’ under section 94 of the Nationality, Immigration and Asylum Act 2002?

Published on Refworld, 03/09/2015
http://www.refworld.org/docid/55e8596a4.html


Continuing Conflicts that Create Refugees - August 2015

9 Actual or potential conflict situations around the world deteriorated and 3 improved in August 2015, according to CrisisWatch 145

Deteriorated Situations:Afghanistan, Burundi, Central African Republic, Colombia/Venezuela, Guatemala, Kashmir, Lebanon, Nepal, Yemen

Political crises and violent protests rocked a number of countries in August, including Guatemala, Nepal, Lebanon and Iraq, where popular unrest threatens to topple the government and overturn the post-2003 political order. Deadly conflict worsened in Yemen, Afghanistan and Kashmir, while violence increased in Burundi following President Nkurunziza’s successful run for a third term, and instability remained the norm in the Central African Republic where UN peacekeeping efforts faced a series of setbacks. A border crisis also prompted a dangerous spike in tensions between Colombia and Venezuela. On a positive note, August saw a peace agreement in South Sudan, strengthened prospects for political and constitutional reform in Sri Lanka, and an important political agreement ahead of October elections in Guinea.

A wave of anti-establishment protests over the systemic inadequacy of service delivery has brought Iraq to the edge of yet more serious conflict, despite Prime Minister Haider al-Abadi’s introduction of sweeping reforms to halt the deterioration. Crisis Group’s recent Conflict Alert warns that a sustainable course correction will be needed if Abadi is to survive politically and Iraq is to avoid what could become in effect a military takeover. Meanwhile protests against Lebanon’s political paralysis and the ongoing garbage crisis in Beirut turned violent in late August when riot police fired tear gas and water cannons on demonstrators. As discussed in our latest blog, the clashes, which have left dozens wounded, increase instability in a country highly polarised along politico-sectarian fault lines and overwhelmed by over a million Syrian refugees.

Yemen’s war became potentially even more deadly. The government-in-exile and the Saudi-led coalition made significant military gains against the Huthi/Saleh alliance in the south, and are pushing north into Huthi strongholds. The coalition’s gains could serve as a springboard for a ceasefire and political talks, as advocated in Crisis Group’s latest report, but instead both sides now appear to be gearing up for a battle for the capital Sanaa. In Afghanistan, a spate of insurgent attacks targeted Kabul, including bombings on 7 August that inflicted more than 350 casualties including 50 killed. The Afghan government blamed Pakistan for the violence, as relations between the two countries reached their worst point since President Ashraf Ghani’s inauguration last year.

In Central Africa, Burundi continued to slide into chaos following President Nkurunziza’s controversial election to a third term in July. Arbitrary arrests, kidnappings and deadly attacks on both opposition members and the president’s supporters have compounded an atmosphere of fear, which not only threatens a return to full scale civil war but also negatively impacts security in the wider Great Lakes region. In the Central African Republic, the UN’s MINUSCA mission was further discredited by a failed operation to secure Bangui’s PK-5 district and more allegations of abuses, including against children. As the mission falters, security remains elusive in significant swathes of the country.

In Latin America, tensions flared between Colombia and Venezuela after three Venezuelan soldiers were killed near the border, allegedly by Colombian paramilitaries according to Venezuela. Further incidents could destabilise the already fragile border region. Political tensions escalated in Guatemala as prosecutors named President Otto Pérez Molina and former Vice President Roxana Baldetti ringleaders of a major customs fraud scandal. Ongoing demonstrations calling for the president to resign swelled to over 100,000 on 27 August. As we warn in a statement, ahead of general elections on 6 September protests could give way to unrest if the government ignores popular demands for justice and transparency.

In South Asia, Nepal saw widespread protests and deadly clashes between protesters and security forces over a proposed federal model opposed by several groups who claim it violates previous agreements on state restructuring and does not address their aspirations. With national political leaders carrying on the constitution-drafting process without having begun negotiations with dissenting groups, there is a risk of intensifying tensions and further violent confrontation. In Kashmir, clashes across the Line of Control (LoC) and the Working Boundary dividing Pakistan and Indian-administered Kashmir again escalated. Nine civilians were killed and dozens wounded in a shooting between Indian and Pakistani border guards on 28 August. In Sri Lanka, the peaceful political shift that began with the January victory of President Maithripala Sirisena was consolidated following parliamentary elections on 17 August, and with a new national government opening up the possibility of political and constitutional reforms.

On a positive note in Africa, the Guinean government and opposition leaders signed an agreement on electoral preparations on 20 August, marking a major breakthrough in the country’s prolonged political deadlock. The opposition however has already cast doubt on its implementation and long-term viability. Lastly, in a significant step forward, South Sudan’s warring parties finally reached an agreement to end the twenty-month conflict following months of stop-start negotiations. President Salva Kiir and armed opposition leader Riek Machar announced a permanent ceasefire starting 30 August.

Improved Situations: Guinea, South Sudan, Sri Lanka

September 2015 Outlook
Conflict Risk Alert: Colombia/Venezuela, Guatemala, Iraq, Nepal, Yemen

Conflict Resolution Opportunity:South Sudan

Download the full report: Crisis Watch 145


Home Office Refuse MP's Request to Visit Yarl's Wood IRC
Catherine West MP has written to the Home Secretary today to express her disappointment at the Home Office's refusal to let her visit Yarl's Wood Immigration Removal Centre and to urge her to intervene.

As the new Member of Parliament for Hornsey and Wood Green, Catherine first wrote to the Immigration Minister James Brokenshire on 17 June to request a visit to see conditions at the centre for herself. Two months later she was finally told that her request had been denied.

The response from the Home Office said that all requests are "carefully considered" to protect the privacy of those detained and that "we are not able to agree to a visit out of general interest in the centre".

Catherine West MP said "I'm appalled that as a Member of Parliament I'm being denied the opportunity to visit Yarl's Wood Immigration Removal Centre and it concerns me that the Home Office is so keen to avoid scrutiny. My diverse constituency is home to many people from all over the world and the conditions of vulnerable women being held in centres like Yarl's Wood is an important issue here. I want to see this for myself and have written to Theresa May to urge her to step in and get this decision overturned"

Natasha Walter, director of Women for Refugee Women said: ‘We are disappointed that the Home Office has refused permission to Catherine West MP to visit Yarl’s Wood detention centre and see for herself how women, including survivors of sexual violence and pregnant women, are treated in detention. This shows a worrying lack of transparency about what is happening in Yarl’s Wood and suggests that the Home Office feels that there is something to hide. We welcome MPs’ growing interest in Yarl’s Wood and their desire to see for themselves what is going on. Our research suggests that too many survivors of sexual violence and torture are locked up for long periods and that detention is extremely distressing as well as unnecessary. On 10 September there will be a backbench debate in Parliament about immigration detention; this has become an urgent concern for MPs in all parties and we feel it is time for the Home Office to respond transparently and positively to calls for reform.’

Sign the petition calling on the Home Office to reverse this decision.


 

Last updated 4 September, 2015