No-Deportations - Residence Papers for All

                               News & Views Monday 2nd February to Sunday 8th February 2015

Sealing Borders 'Will Continue to Fail on Massive Scale
Migrants will continue to arrive and stay in Europe "no matter what," so the overall goal should be to ensure they use official channels to enter and stay, the United Nations Special Rapporteur on the human rights of migrants.

The Rapporteur, François Crépeau, at end of an official visit to Brussels to follow up on a study on the management of European Union (EU) external borders that was launched in 2012, warned: "Any attempt at sealing borders – as the nationalist populist discourse stridently calls for – will continue to fail on a massive scale. Sealing international borders is impossible," he said. "Migrants will continue arriving despite all efforts to stop them, at a terrible cost in lives and suffering if nothing else is put in place."

Migrants and asylum seekers move due to the 'push factors' in their countries of origin, which may include war, conflict, natural disasters, persecution or extreme poverty, as well as in response to 'pull factors' such as the unrecognized needs in the labour markets of EU Member States, said the release. "These push and pull factors are unlikely to change in the foreseeable future," the expert said. "I urge the EU and EU Member States to progressively establish a human-rights-based, coherent and comprehensive migration policy which addresses these issues and makes mobility its central asset," Mr. Crépeau said. "A common narrative celebrating mobility and diversity, recognizing real labour market needs, as well as the needs of migrants, based on human rights guarantees and access to justice, must be developed."
Read more: UN News, 05/02/15


Exception Remains Exceptional in Medical Treatment Article 3 Cases
The Court of Appeal has confirmed that foreign nationals may be removed from the UK even where their lives will be drastically shortened due to a lack of healthcare in their home states. Removal in those circumstances does not breach Articles 3 or 8 ECHR except in the most exceptional cases.

The appellants were foreign nationals suffering from very serious medical conditions (five from end-stage kidney disease (ESKD) and one from an advanced stage of HIV infection). They were all receiving effective treatment here in the UK. All were at a high risk of very early death if returned to their home states, where the treatment they needed was unaffordable or simply unavailable. The Secretary of State nevertheless decided to remove them, and the Upper Tribunal dismissed their appeals. They appealed to the Court of Appeal on the grounds that removal would breach their rights under Articles 3 and 8 of the ECHR.
Read more: Hanna Hnoyc, UK Human Rights Blog, 05/02/15


EU's Asylum System Dysfunctional - UNHCR
The European Union needs to grant asylum to more refugees and members must share the responsibility of hosting them more equally, the UN High Commissioner for Refugees, Antonio Guterres, said on Tuesday. With wars raging in Syria, Iraq and other countries, 50 million people are displaced worldwide due to conflicts and persecution, the highest number since World War II, according to the UN agency.

But the EU's 28 member countries gave asylum to only 136,000 people in 2013, data from the EU's statistics agency Eurostat showed. Of those, Sweden and Germany, which have populations of just 10 million and more than 81 million respectively, took in the largest portions at about 20 percent each, according to the data. Figures for 2014 were not yet available. "Unfortunately we have today a very dysfunctional European asylum system," Guterres said at a joint press conference.
Read more: Reuters 03/02/15


Surround Harmondsworth/Colnbook IRCs

Saturday 7th February 1:00pm
Colnbrook By-Pass, West Drayton, Middlesex, UB7 0HB

This Saturday the Movement for Justice is holding the sixth Surround Harmondsworth demonstration since last June; It will be a week before the Parliamentary Inquiry into immigration detention is due to issue its report and a month after the latest court ruling that the notorious Detained Fast Track process in Unlawful.

These demonstrations are the focus of a growing national movement exposing the truth about the inherent abuses and racism of immigration detention, fighting to shut it down and end 'Fast Track', and challenging the political system that scapegoats immigrants & asylum seekers for the social problems that its policies have created.

Surround Harmondsworth is the voice for the army of men and women who are fighting or have fought against the detention system on the inside - individually and collectively, from uprisings and mass protests to the courageous action of women detainees in Yarl's Wood who have defied intimidation and cover-up to speak out against sexual abuse. Whether they are now outside or still inside, they are determined to build an integrated movement to eradicate this injustice from British society.

Contact Movement for Justice
Antonia Bright (MFJ chair) 07930 302 263
Tony Gard (MFJ National Organiser) 07587 693 316
email mfj@ueaa.net / More info <> here . . . .


Continuing Conflicts that Create Refugees - January 2015

8 actual or potential conflict situations around the world deteriorated and 1 improved in January 2015, according to CrisisWatch N°138

Deteriorated Situations: Bangladesh, Lebanon, Nepal, Nigeria, Philippines, Sudan, Ukraine, Yemen

The year opened with a worsening of the ongoing conflicts in Yemen, Nigeria and Ukraine, each with potentially major regional implications. Violence escalated in Sudan, as well as in Lebanon's Tripoli and along its southern border with Israel, and a deadly clash between police and militants in the southern Philippines threatened to derail the peace process there. In South Asia, both Bangladesh and Nepal saw political tensions intensify. On a positive note, the Sri Lanka elections resulted in a peaceful transition of power from long-time President Mahinda Rajapaksa to Maithripala Sirisena, despite initial fears of election-related violence.

Yemen's downward spiral took yet another dramatic turn. President Hadi and the government resigned on 22 January after Huthi rebels consolidated control over Sanaa and put Hadi under virtual house arrest. The entire political process established with the signing of a UN-backed peace and power-sharing agreement in September has been thrown into question, raising the prospect of territorial fragmentation, economic meltdown and widespread violence – as outlined in our Conflict Alert. There is little external actors can do at this point, except possibly Saudi Arabia and Iran, to influence Yemen's internal political dynamics. The Huthis have set a 4 February deadline for all parties to reach a power-sharing agreement or they will assume control of the state through a "revolutionary leadership". Yemen again made international headlines for its connection with global terrorism as al-Qaeda on the Arabian Peninsula (AQAP), Yemen's local branch, claimed responsibility for the 7 January Charlie Hebdo attack in Paris.

The significant increase in Boko Haram attacks in Nigeria's north throughout 2014 was compounded by what may have been the insurgent group's deadliest attack yet. Reports suggest in early January they killed anywhere between 150 and 2,500 civilians in Borno state. As the February elections loom, there is a danger that ongoing insecurity in the north could worsen potential political violence and undermine the credibility of the polls, as discussed in our recent report on violence and the elections.

The most intense fighting for many months in eastern Ukraine resulted in heavy civilian and military casualties and a significant increase in internally displaced civilians, and further undermined peace talks. It also led to heightened concern in Western capitals that Russia has not abandoned the idea of open military intervention. The stated aim of the separatists is to seize the totality of Donetsk oblast, but there is so far no conclusive change in the balance of military power in the east. The possibility of a resumption of full-fledged hostilities, and the risk of a humanitarian crisis during winter, were discussed in our recent report. Without immediate and forceful international intervention to end the fighting, the current offensive could herald the beginning of a new and very costly military conflict.

As anticipated last month, violence once again increased in Sudan following the collapse of peace talks between the government and rebel groups in Darfur, Blue Nile and South Kordofan, as both sides launched major offensives in the disputed areas. (See our new report). In late January, a Hizbollah attack on an Israeli military convoy along Lebanon's southern border – retaliation for an Israeli airstrike that killed six of its fighters in the Golan Heights – caused fears of an impending all-out confrontation, although both parties said they wanted to avoid a costly escalation. Earlier in January, a deadly suicide attack in Tripoli shook the relative calm that had prevailed in the city for months. In the southern Philippines, 44 police and at least seven civilians were killed in a clash between police and MILF militants, undermining support for last year's historical peace agreement between the government and the longstanding rebel group at a critical time in its implementation.

In South Asia, the first anniversary of Bangladesh's disputed January 2014 elections saw dozens killed in clashes between government and opposition groups, and marked the start of a new phase of the political deadlock between the ruling Awami League and opposition Bangladesh National Party. Tensions between Nepal's political parties worsened when they failed to reach consensus on a draft constitution before a self-imposed 22 January deadline. Sri Lanka's long-time President Mahinda Rajapaksa surprised many observers when he conceded defeat to opposition candidate Maithripala Sirisena in the 8 January presidential election, following a largely peaceful election day. Sirisena has promised reform, including more meaningful devolution of power and accountability. However, international pressure and support will be needed for those promises to be met and the political transition to succeed (as discussed in our recent briefing).

Improved Situations: Sri Lanka

February 2015 Outlook

Conflict Risk Alert: Yemen

Conflict Resolution Opportunity: None
Source: Crisis Watch, <> 03/02/15


Human Rights Information Project - Seeking Volunteers
Project Volunteers will play a key role in building Human Rights Information Project (HRIP). They will be fully attributed for doing so. Unfortunately, HRIP cannot offer financial compensation but volunteers will be central to developing a grass-roots human rights project which will make a real difference. It will also be a lot of fun.

This is what HRIP are looking for:
Essential
Passion for revolutionising the way we communicate human rights;
Strong research skills;
Strong writing skills
Proven ability to work to tight deadlines;
Good knowledge of human rights concepts, history and/or of human rights law;
Ability to work well in a team;
Understanding of social media;
Time to devote to HRIP, particularly between now and the end of April 2015;
Access to a computer and the internet.

Desirable
Professional skills in designing apps for iOS/Android
Professional skills in writing (e.g. journalism/novels/poetry)
Professional skills in the visual arts (e.g. documentary filmmaking, design/painting).
Experience of public relations, marketing and/or politics.

Project Volunteers will mostly work from home but there will be occasional meetings in Central London. Attendance by Skype will be possible.

Closing date for applicants, 10:00pm on Thursday 12 February 2015

If you are interested, please go <>here . . . . .


UKBA/CIG- Somalia: Women Fearing Gender-Based Harm / Violence
This document provides guidance to Home Office decision makers on handling claims made by nationals/residents of – as well as country of origin information (COI) about – Somalia. This includes whether claims are likely to justify the granting of asylum, humanitarian protection or discretionary leave and whether – in the event of a claim being refused – it is likely to be certifiable as 'clearly unfounded' under s94 of the Nationality, Immigration and Asylum Act 2002.

Decision makers must consider claims on an individual basis, taking into account the case specific facts and all relevant evidence, including: the guidance contained with this document; the available COI; any applicable caselaw; and the Home Office casework guidance in relation to relevant policies.

Published on Refworld, 04/02/15

http://www.refworld.org/docid/54d1daef4.html


UKBA/CIG- Somalia: Women Fearing Gender-Based Harm / Violence
This document provides guidance to Home Office decision makers on handling claims made by nationals/residents of – as well as country of origin information (COI) about – Somalia. This includes whether claims are likely to justify the granting of asylum, humanitarian protection or discretionary leave and whether – in the event of a claim being refused – it is likely to be certifiable as 'clearly unfounded' under s94 of the Nationality, Immigration and Asylum Act 2002.

Decision makers must consider claims on an individual basis, taking into account the case specific facts and all relevant evidence, including: the guidance contained with this document; the available COI; any applicable caselaw; and the Home Office casework guidance in relation to relevant policies. Published on Refworld, 04/02/15


Campsfield House IRC - Well-Run, Safe and Decent
Campsfield House was a safe and decent establishment where staff worked professionally and sensitively with detainees, said Nick Hardwick, Chief Inspector of Prisons. As today Tuesday 3rd Feruary 2014 he published the report of an unannounced inspection of the immigration removal centre in Oxfordshire. Campsfield House, at the time of its inspection, held 209 adult male detainees. This was the latest in a sequence of positive reports, all of which have found consistent improvement. In the six months before the inspection, 842 detainees had left the centre. About a third had been removed, a third released and a third moved to another centre. Inspectors made 69 recommendations

Inspectors were concerned to find that:
- rule 35 reports, which should have provided a safeguard for detainees who had been tortured, did not provide adequate clinical judgements to inform caseworkers' decisions.
- some detainees had been adversely affected by significant weaknesses in the immigration processes outside the control of those working in the centre;
- 14 detainees had been held in the centre for more than six months and some of these delays were unreasonable;
- three children had been held since 2013: in two cases it took too long to carry out an age assessment and in one, the detention had been authorised despite knowledge that the detainee was under 18;

Inspectors were pleased to find that:
- the centre was very safe, reception arrangements were efficient and arrangements for early days in custody were good;
- there was very little violence or bullying and the centre cared well for vulnerable detainees who might be at risk of self-harm;
- force and separation were seldom used;
- there had been one self-inflicted death since the last inspection and the centre had implemented all the recommendations arising from the Prisons and Probation Ombudsman's investigation;
- the on site Home Office team were conscientious in their work;
- relationships between staff and detainees at the centre were excellent;
- the provision of activities had improved significantly, with good education provision and paid work available;
- detainees had appropriate access to the internet; and
- welfare staff assisted by Asylum Welcome and the British Red Cross helped detainees prepare for removal or release.

Nick Hardwick said: "Overall, this was a very positive inspection. Staff and managers at Campsfield House should be congratulated in dealing professionally and sensitively with detainees who were going through what, for many, was a difficult and unhappy time. However, whatever the strengths of the centre, detention should not be used for children, victims of torture or anyone for unreasonable lengths of time. Further improvements to national processes are required to ensure this does not happen."


1,375 Iraqis Killed In January, Most of Them Civilians
Fighting and other violence in Iraq killed at least 1,375 people including 790 civilians in January, the United Nations said on Sunday. The dead included 585 members of the Iraqi army which is struggling to rebuild itself after Islamic State militants seized large sections of the country last year. At least 2,240 civilians and soldiers were wounded during the same period, the U.N. Assistance Mission for Iraq said in a statement.
Read more: Reuters, 01/01/15


Rights Aren't Wrong in Tough Times

HRW World Report 2015:

[2nd bulletin: Important Tools for Anti-Deportation Campaigners - 2015]

Human Rights Watch's 25th annual review of human rights practices around the globe. Summarizes key human rights issues in more than 90 countries and territories worldwide.

Governments make a big mistake when they ignore human rights to counter serious security challenges, Human Rights Watch said today in releasing its annual world report. In the 644-page World Report 2015, its 25th edition, Human Rights Watch reviews human rights practices in more than 90 countries. In his introductory essay,

Executive Director Kenneth Roth highlights the counterproductive circle-the-wagons approach to human rights that many governments adopted during the past tumultuous year. "Human rights violations played a major role in spawning or aggravating many of today's crises," Roth said. "Protecting human rights and ensuring democratic accountability are key to resolving them. In too many countries, including Kenya, Egypt, and China, governments and security forces have responded to real or perceived terrorism threats with abusive policies that ultimately fuel crises.

In Egypt, the government's crushing of the Muslim Brotherhood sends the utterly counterproductive message that if political Islamists pursue power at the polls, they will be repressed without protest – which could encourage violent approaches. In France, there is a danger that the government's response to the Charlie Hebdo attacks – using counterterrorism legislation to prosecute speech that does not incite violence – will have a chilling effect on free expression and encourage other governments to use such laws to silence their critics.

The rise of the extremist group Islamic State (also known as ISIS) is among those global challenges that have sparked a subordination of human rights, Human Rights Watch said. But ISIS did not emerge out of nowhere. In addition to the security vacuum left by the US invasion of Iraq, the sectarian and abusive policies of the Iraqi and Syrian governments, international indifference to them, have been important factors in fueling ISIS.

A similar dynamic is at play in Nigeria, where human rights concerns are central to the conflict. The militant Islamist group Boko Haram attacks civilians as well as Nigeria's security forces, bombing markets, mosques, and schools and abducting hundreds of girls and young women. Nigeria's army has often responded in an abusive manner, rounding up hundreds of men and boys suspected of supporting Boko Haram, detaining, abusing, and even killing them. But winning the "hearts and minds" of the civilian population will require that the government transparently investigate alleged army abuses and punish offenders.

In Egypt, the government's crushing of the Muslim Brotherhood sends the utterly counterproductive message that if political Islamists pursue power at the polls, they will be repressed without protest – which could encourage violent approaches. In France, there is a danger that the government's response to the Charlie Hebdo attacks – using counterterrorism legislation to prosecute speech that does not incite violence – will have a chilling effect on free expression and encourage other governments to use such laws to silence their critics.
Download the full report <> here . . . .



Last updated 6 February, 2015