No-Deportations - Residence Papers for All

                                                    News & Views - Monday 19th to Sunday 25th March 2012

David Moyo - Kenya Airways continue to respect requests not to fly
Thanks to all those who responded to the campaign to stop David's second deportation. He did not go. He once again spoke to the pilot and said he was being forced to go against his will and the pilot refused to take him.
Rose Benton
"Zimvigil co-ordinator" <>

The Vigil, outside the Zimbabwe Embassy, 429 Strand, London, takes place every Saturday from 14.00 to 18.00 to protest against gross violations of human rights in Zimbabwe. The Vigil which started in October 2002 will continue until internationally-monitored, free and fair elections are held in Zimbabwe.

Kenya Airways - unwritten policy not to carry forced removees
An increasing number of people who have phoned Kenya Airway's to try and stay a removal have been told the following!

When the Home Office serves removal directions on Kenya Airway's in accordance with paragraph 9, of Schedule 2 to the 1971 Act to remove some one we do.

However if a person so served at point of flight, that is boarding the plane informs Kenya Airways, they are being forcibly removed and do not want to fly; they will not be taken aboard as it is not Kenya Airways policy to carry a disturbed passenger as he/she may affect the safety of other passengers and crew.

Nigeria: Violence/Death and Displacement in Central/Northern Nigeria
Since January more than 2,000 people have fled from the north-eastern town of Maiduguri following attacks by the Boko Haram Islamist sect. In central and northern Nigeria since the beginning of the year, violent attacks against civilians, suspected to be perpetrated by Boko Haram, the ensuing police and military crackdowns, have occurred on an almost daily basis. These incidents have resulted in death, the destruction of property and the displacement of people from their homes. While large numbers of Nigerians have found refuge in the south of the country, thousands of migrants from Chad and Niger have headed back home.
Refworld: Internal Displacement Monitoring Centre (IDMC)

Yemen: At the crossroads of an "humanitarian catastrophe"
Tribal clashes in northern Yemen have displaced some 52,000 people in the past three months. This figure adds to the 314,000 already displaced from Sa'ada governorate since February 2010. In the south, at least 1,800 people have been newly displaced in the last three weeks following an escalation of fighting in Abyan governorate, adding to the 150,000 people internally displaced since the beginning of May 2011. UNHCR and OCHA have raised further concerns over 120,000 people at risk of displacement as the fighting intensifies.
Refworld: Internal Displacement Monitoring Centre (IDMC)

Burundi: A Deepening Corruption Crisis
Despite the establishment of anti-corruption agencies, Burundi is facing a deepening corruption crisis that threatens to jeopardise a peace that is based on development and economic growth bolstered by the state and driven by foreign investment. The ÒneopatrimonialistÓ practices of the party in office since 2005 has relegated Burundi to the lowest governance rankings, reduced its appeal to foreign investors, damaged relations with donors; and contributed to social discontent. More worrying still, neopatrimonialism is undermining the credibility of post-conflict institutions, relations between former Tutsi and new Hutu elites and cohesion within the ruling party, whose leaders are regularly involved in corruption scandals. In order to improve public governance, the Burundian authorities should Òwalk the talkÓ and take bold steps to curtail corruption. Civil society should actively pursue its watchdog role and organise mass mobilisation against corruption and donors should prioritise good governance.
International Crisis Group, Africa Report N¡185 21 Mar 2012

Asylum Research Consultancy (ARC) COI update volume 30
This document provides an update of Country Guidance case law, UKBA publications and developments in refugee producing countries between
05/03/2012 and 19/03/2012.. Download volume 30 here . . .

Sudan [ Government bombing of villages in South Kordofan ]

The Earl of Sandwich to ask Her Majesty's Government what representations they have made to the Government of Sudan about their alleged aerial bombardment of villages in South Kordofan; what response they have received; and what is their estimate of casualties.

The Minister of State, Foreign and Commonwealth Office (Lord Howell of Guildford): We are greatly concerned by reports that the Sudanese Armed Forces have carried out aerial bombardments, and condemn any such action that puts civilians at risk. We raise these concerns in all contacts with the Government of Sudan, at both ministerial and official level. Most recently, the Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs, my honourable friend the Member for North West Norfolk (Mr Bellingham) raised the issue with Foreign Minister Karti during the African Union summit on 27 January. The Parliamentary Under-Secretary of State at the Department for International Development, the honourable Member for Eddisbury (Mr O'Brien) also raised concerns in his meetings during his visit to Sudan earlier this month.

Due to the lack of access in the state of Southern Kordofan, we cannot corroborate any estimate of the number of casualties resulting from these bombings.
House of Lords / 20 Mar 2012 : Column WA160

Ensuring the right of all children to acquire a nationality
Possession of a nationality is essential for the protection of every child. As set out in article 7 of the Convention on the Rights of the Child (CRC) and other human rights instruments, every child has the right to acquire a nationality. Enjoyment of this right requires that statelessness be prevented and reduced. This is important because while human rights are generally to be enjoyed by everyone, selected rights may be limited to nationals. For example, only 'citizens' have the unrestricted right to enter and reside in a country under international law. Stateless persons may therefore end up without any residence status or, worse, in prolonged detention. Statelessness also causes difficulties in a range of other areas, including travel, access to education and healthcare, and heightens the risk of trafficking. Statelessness may lead to displacement.
Read more, Refworld, 19/03/12

Second Attempt to Deport David Moyo

Urgent Action Needed: Removal Tomorrow Tuesday 20th March @ 19:00 hrs

The Zimbabwe Vigil is campaigning to prevent the second deportation attempt of one of its supporters David Moyo who was living in North East Coventry. He has been detained and is due to be forcibly removed from the UK from Heathrow Airport on Kenyan Airways flight KQ101 to Nairobi at 19.00 hrs on Tuesday 20th March 2012 and then onwards to Zimbabwe

The Vigil believes that David will be at considerable risk if returned to Zimbabwe. He is a human rights activist with the Zimbabwe Vigil which has been demonstrating outside the Zimbabwe Embassy in London every Saturday since October 2002 in protest at human rights violations in Zimbabwe and in support of free and fair elections.

What you can do to help

1. Contact Kenya Airlines, particularly by phone and fax as this ties up their phone lines and sends a strong message. Phone on 020 8759 7366 and 020 8283 1800 to urge them not to carry out the removal of David Moyo on Kenya Airways flight KQ101 at 19.00 hours on Tuesday 20th March 2012 from Heathrow, UK to Nairobi, Kenya. Ask the airline to refuse to take David on their flight, explain that David is being forcibly removed against his will.

Email Sam Okwulehie, Group Area Manager Kenya Airways, model letter <DavidMoyoKenyaAirways.doc> attached:

Fax: Kenya Airways Head Office 020 8745 5027 (Or from outside the UK + 44 20 8745 5027). If you are able to fax letters this is great as it ties up their fax lines.

2. Please fax/phone/email, Secretary of State for the Home Office, Rt. Hon Theresa May, MP. Ask her to exercise her discretionary powers to stop the flight, ands release David Moyo from detention and to grant him protection in the UK. You can use the attached model letter DavidMoyoTM.doc or alternatively write your own one. Please remember to quote David's Home Office Reference number M1429470 in any correspondence:

Rt. Hon Theresa May, MP
Secretary of State for the Home Office,
2 Marsham St
London SW1 4DF
Fax: 020 7035 4745


Please let the campaign know of any actions taken:

Zimbabwe Vigil Co-ordinators
The Vigil, outside the Zimbabwe Embassy, 429 Strand, London, takes place every Saturday from 14.00 to 18.00 to protest against gross violations of human rights in Zimbabwe. The Vigil which started in October 2002 will continue until internationally-monitored, free and fair elections are held in Zimbabwe. <>

End of Bulletin: Source for this Message
"Zimvigil co-ordinator" <>

Charter Flight to Pakistan PVT120 Monday 19th March @ 22:00 hrs

We the detainees in Harmondsworth IRC, hereby make this statement, "That our lives would be in danger if we are sent back to Pakistan on Charter Flight to Pakistan PVT120 Monday 19th March @ 22:00 hrs, please help us fight this injustice".

As yet 'No-Deportations' has not received any campaign materials from the detainees, we will post them as soon as we do, this may be later today or over the weekend.

Have also heard that a number of detainees were returned to IRCs yesterday after captain refused to board them. First stop was Accra/Ghana and Ghanaian removees were boarded but those for onward transit from Accra were not boarded as captain had no adequate information that onward flights had been arranged.

Second Stage Immigration Appeals

Compelling reasons but no need for truly drastic circumstances: second stage immigration appeals revisited

JD (Congo) and others v Secretary of State for the Home Department, Public Law Project [2012] EWCA Civ 327

The Court of Appeal has considered the test for the second stage of appeal in immigration cases, when someone wishes to appeal from the Upper Tribunal to the Court of Appeal.
Read more: Isabel McArdle, UK Human Rights Blog, 23/03/12

Deportation: Offenders [ Evidence not considered at trial ]

Jeremy Corbyn: To ask the Secretary of State for the Home Department in contesting deportation appeals by those convicted of criminal offences before the first-tier and upper tribunal of the Asylum and Immigration Chamber, for what reason and on how many occasions the UK Border Agency has disclosed evidence from police officers and field intelligence officers to judges that had not been considered as part of their criminal trials.

Damian Green: There are no central records held on the number of occasions upon which evidence from police officers or field intelligence officers have been disclosed to judges. In order to answer this question, the UK Border Agency would need to analyse a large volume of paper and electronic records, which would incur a disproportionate cost.

Public protection is the primary consideration when presenting information at deportation cases. The UK Border Agency will provide all relevant evidence, including convictions and other information relevant to whether an individual's presence is conducive to the public good.
House of Commons / 21 Mar 2012 : Column 786W

Human rights violations during DRC general elections
A UN report released Tuesday details serious human rights violations, including killings, disappearances and arbitrary detention, committed in Kinshasa by Congolese security forces in the context of the 2011 presidential and legislative elections in the Democratic Republic of the Congo (DRC).

The report, based on investigations conducted by the UN Joint Human Rights Office** in the DRC, documents the killing of at least 33 people in Kinshasa by security forces, between 26 November and 25 December 2011. The investigation found that at least 83 were wounded – mostly by bullets – and at least 16 people remain unaccounted for. More than 265 people were arrested and the majority of them were arbitrarily detained in various detention facilities in Kinshasa. There was also consistent, corroborated testimony of torture in detention.

Most of the reported violations involved Republican Guards, National Congolese Police – in particular agents of the Légion nationale d'intervention and agents of the Groupe mobile d'intervention – or the national intelligence agency. To a lesser extent, soldiers of the Armed Forces of the Democratic Republic of the Congo (FARDC) were also involved, according to the report.

Many of the reported violations targeted people because of their real or perceived affiliation to the political opposition party of Etienne Tshisekedi, the main opponent of President Joseph Kabila in the presidential elections or to a province where he reportedly enjoyed strong support.
Reliefweb, 20/03/12

Sri Lanka [ Credible allegations of abuse of Human Rights ]

Alistair Burt: The UN Secretary General's Panel of Experts Report, which was published in April 2011, found credible allegations, which if proven, indicate that a wide range of serious violations of international humanitarian law and international human rights law was committed by both the Government of Sri Lanka and the Liberation Tigers of Tamil Eelam. That is why we support an independent, thorough and credible investigation into the grave allegations. We were disappointed by the findings and recommendations on accountability for alleged war crimes in the Sri Lankan Lessons Learnt and Reconciliation Commission's report which was published in December 2011, though we believe it made other recommendations that the Government of Sri Lankan should implement.

We have serious concerns about human rights in Sri Lanka, including disappearances, political violence, reports of torture in custody and restrictions on free expression. Sri Lanka is a Country of Concern in our annual Human Rights and Democracy Report. We continue to raise our concerns directly with the Government of Sri Lanka and call upon it to investigate reports of human rights abuses wherever they occur.
House of Commons / 20 Mar 2012 : Column 596W

South Africa - A sick system abuses its refugees
Sadly, the situation for migrants in South Africa is often precarious and sometimes dangerous. Refugees, asylum seekers and undocumented migrants face hostility and violence from local communities and discrimination by government institutions. Human Rights Watch's research shows that they face discrimination in public health facilities and abuse from healthcare providers just because they are foreigners. The South African government, instead of addressing these problems, has taken policy steps that risk worsening the human rights abuses that asylum seekers and migrants already face.
Read more: Refworld, 19th March 2012

European Parliament resolution on the situation in Nigeria
1. Strongly condemns the recent violence - in particular the attacks carried out by the terrorist Islamist sect Boko Haram - and the tragic loss of lives in the stricken regions of Nigeria, and extends its sympathies to the bereaved and the injured;

2. Urges all communities to exercise restraint and seek peaceful means to resolve differences between religious and ethnic groups in Nigeria;

3. Urges the government of Nigeria to end the violence as quickly as possible, and to guarantee the security and protection of its population and respect for human rights;
Read more: Refworld, 15 March 2012

ARC: Commentary on the UKBA December Sri Lanka OGN
This commentary identifies what the 'Still Human Still Here' coalition considers to be the main inconsistencies and omissions between the currently available country of origin information (COI) and case law on Sri Lanka and the conclusions reached in the December 2011 Sri Lanka OGN. Where we believe inconsistencies have been identified, the relevant section of the OGN is highlighted in blue. The commentary is intended as a tool to assist legal practitioners and to help ensure that all relevant material is considered by decision-makers.

You can download the commentary here . . . .

Previous commentaries on Afghanistan, Eritrea, Iran, Iraq, Jamaica, Somalia, Sudan and Zimbabwe can be accessed here . . . .

Jimmy Mubenga death: CPS weighs up whether to charge G4S guards

The investigation into the father of five's death has been ongoing for 17 months, prompting complaints from his family and asylum-seeker campaigners. Keir Starmer, the director of public prosecutions, has now given a detailed account of the delays and suggested the final decision will be taken shortly.

In a letter to Keith Vaz MP, the chairman of parliament's home affairs select committee, said prosecutors had been reviewing detailed pathology reports and information from experts in restraint and resuscitation. They have also had access to 320 witness statements, including 145 from passengers on the aircraft. Starmer said the guards have been bailed eight times over the past 17 months. Their next bail date is 28 March. Police arrested the three guards two days after Mubenga's death, after a Guardian investigation revealed accounts from passengers who said the Angolan had been forcibly restrained before losing consciousness.

Starmer, who met Mubenga's family last month, said the Crown Prosecution Service received its preliminary file on the case in April last year – six months after the death. It took an additional eight months to compile the expert statements. "Subject to further issues that may arise in the process, the reviewing crown prosecutor considers that he now has the information required to complete the review," he said in his letter.
Paul Lewis and Matthew Taylor,, Friday 16 March 2012

UN/DR Congo army drive could displace 100,000 people, analysts warn

UN peacekeeping troops are backing a Congolese army drive against jungle-based rebel groups that is expected to displace at least 100,000 people and trigger a new wave of instability and human rights abuses across war-ravaged eastern Congo, aid workers and independent analysts have warned.

The new offensive by 5,400 troops of the Democratic Republic of Congo army (FARDC), largely unreported until now, began in South Kivu province, bordering Rwanda and Burundi, on 15 February and is being extended into North Kivu, bordering Uganda, this month.
Simon Tisdall in Bukavu,, Friday 16 March 2012

Sri Lanka's North: The Denial of Minority Rights
Deepening militarisation and the lack of accountable governance in Sri Lanka's Northern Province are preventing a return to normal life and threaten future violence. Scene of the most bitter fighting in the civil war, the Tamil-majority north remains under de facto military occupation, with all important policies set by Sinhala officials in Colombo. The slow but undeniable movement of Sinhala settlers into the fringes of the north and other forms of government-supported "Sinhalisation" are reigniting a sense of grievance and weakening chances for a real settlement with Tamil and other minority parties to devolve power. The international community, especially those governments and aid agencies supporting the reconstruction of the area, should demand a fundamental change of course and should structure their assistance so as to encourage the demilitarisation and democratisation of the former war zone and full respect for minority rights.
ICG: Asia Report N°219 16 Mar 2012

Sri Lanka's North: Rebuilding under the Military
Sri Lanka's military is dominating the reconstruction of the Northern Province, weakening international humanitarian efforts and worsening tensions with the ethnic Tamil majority. Since the war ended in 2009, hundreds of millions of dollars have poured into the province, but the local populations, mostly left destitute by the conflict, have seen only slight improvements in their lives. Instead of giving way to a process of inclusive, accountable development, the military is increasing its economic role, controlling land and seemingly establishing itself as a permanent, occupying presence. Combined with what many Tamils see as an effort to impose Sinhala and Buddhist culture across the whole of Sri Lanka and a failure to address many social aspects of rebuilding a society after conflict, these policies risk reviving the violence of past decades. Donors should put government accountability, the needs of returnees and the expansion of a democratic political role for the Tamil minority at the heart of their aid policies or risk contributing to a revival of ethnic extremism.
ICG: Asia Report N°220 16 Mar 2012


Last updated 29 April, 2012