Category Archives: Migration Headlines

35 Suspected Illegal Immigrants Charged in Gulu

By Emmanuel Omona

Posted on June 13, 2013

Uganda Picks

The 35 suspected illegal immigrants who were arrested last week end [Saturday] from Elegu border posts, between Uganda and Southern Sudan are have pleaded guilty in the Gulu Court.

Namaganda Kasozi, the Immigration Officer at Elegu while in the Gulu court told court that the 32 were arrested on the 6th of June 2013 from Elegu.

“We have found out that some of the suspects do not have work permits, travel documents and some of them have entered the country illegally”, Namaganda told reporters in Gulu town.

Namaganda also maintained that some of the suspected illegal migrants have valid Visas but have been misusing them.

She said that most of them were from Kenya, Somalia and Cameroon.

The court sessions which were conducted in Kiswahili Language charged the 32 Illegal Immigrants with engaging in illegal employment into Uganda which is Contrary to the Sub section 59  Close 2 [a] of Ugandan constitution.

12 of the illegal Immigrants are to be deported to Kenya through the Malaba boarder where they will be picked by their relatives.

The court also ruled that 20 of the immigrants should be given 14 days to legalize their stay in Uganda.

They are still being detained at Gulu Central Prision and would be released after paying their fines which ranges between 100,000 to 150,000 shillings.

However if they failed to pay the above fine, they would be jailed for 2 months.

This is not the first time suspected illegal Immigrants have been arrested from Northern Uganda.

In 2012, about 150 illegal immigrants mainly of Asian origin were deported to their country after most of them did not have any identification or trading documents including passports, work permits and trading licenses.

They were arrested from Lira, Kitgum and Arua towns during an impromptu operation by the police and officials from the immigration department.

In Lira town, the operation team arrested over 40 Indian nationals and one Pakistani national and in Arua town, the immigration team arrested 70 Indian nationals who have been living and trading in the area without any valid documents.

Most of the illegal immigrants in the country especially Asian nationals come into the country as tourists and later turn into either traders or factory workers.

Schumer: ‘Illegal Immigration Will Be a Thing of the Past’

by Matthew Boyle11 Jun 2013

After the U.S. Senate voted to pass the motion to proceed to floor debate on the “Gang of Eight” immigration bill, Sen. Chuck Schumer (D-NY) claimed that this bill would solve illegal immigration and secure the border.

“Illegal immigration will be a thing of the past,” Schumer said on the Senate floor, celebrating the passage of the motion to proceed.

Schumer complained in an impassioned and lengthy speech on the Senate floor that opponents saying the bill does not have border security “is not fair.” Schumer said giving billions of dollars to the Department of Homeland Security (DHS) will lead to increased border security, even if illegal immigrants are given amnesty first. He promised that assurances of future border security measures would be maintained.

Nonetheless, Schumer admitted the bill “is not perfect.” He pleaded with other senators, “If you have a better idea” on how to secure the border “tell us.” Though Sens. John Cornyn (R-TX) and Rand Paul (R-KY) have offered outlines of amendments that would improve the border security provisions in the bill, Schumer did not say he would support them.

Schumer said the Gang of Eight would not compromise by conditioning the path to citizenship on “factors that may not ever happen” like border security. He complained that border security should not be used as a “bargaining chip.”

And while Schumer claims the bill fixes enforcement issues, he also dismissed border security as not a pressing concern.

“We don’t have a problem whereby these people [illegal immigrants] are besieging us with terrorist acts,” Schumer said.

Schumer also said he has been to the border with other Gang of Eight senators and said, “it’s huge.”

Le migrant n’est pas un criminel

Gilles Toussaint

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La politique de l’Union européenne de régulation des flux migratoires est axée sur le répressif et le sécuritaire. Elle bafoue trop souvent les droits fondamentaux des migrants, notamment en recourant à la détention systématique.

Rapporteur spécial des Nations unies sur les droits de l’homme des migrants, François Crépeau faisait escale au Parlement européen ce jeudi. Il y a présenté les résultats de son enquête sur la situation des droits des migrants aux frontières de l’Union. Un bilan loin d’être rose.

Les ONG de défense des droits de l’homme parlent d’une “Europe forteresse”. Cela repose-t-il sur des faits avérés ?

Cette qualification est évidemment un terme “médiadégradable” facilement compréhensible par tout le monde. Mais une chose est sûre : la conception qu’ont la plupart des Etats européens de la question migratoire aujourd’hui est une conception sécuritaire. Ils ne sont pas les seuls, c’est vrai partout dans le monde. Ce n’était pas le cas il y a 30 ans.

On a le sentiment que la politique de l’UE est focalisée sur ce pan sécuritaire, mais qu’elle oublie l’autre volet de sa mission qui est d’aider les migrants dont la présence sur le territoire européen peut se justifier…

La question des droits fondamentaux a été perdue de vue dans ce débat sécuritaire sur l’immigration. On oublie que les migrants – y compris ceux en situation irrégulière – ont les mêmes droits fondamentaux que les citoyens à l’exception du doit de voter et d’être élu; et du droit d’entrer et de rester sur le territoire. Quand on caractérise ces derniers comme des illégaux, c’est souvent pour connoter le fait qu’ils n’auraient aucun droit. C’est là qu’il y a un problème, ils devraient être traités exactement comme les autres citoyens. Cette conception a été perdue de vue, alors même que l’Europe possède un énorme bagage et une vaste jurisprudence en matière de protection des droits fondamentaux.

Ne règne-t-il pas une certaine opacité autour des conditions de rétention de ces personnes qui, a priori, n’ont rien commis de répréhensible ?

Ce que vous venez de dire est très important. Le migrant en situation irrégulière n’est pas un criminel. L’entrée irrégulière ou le séjour irrégulier est une violation d’une règle administrative, mais ce n’est pas un crime. Cela ne justifie pas nécessairement un enfermement. La détention préventive pour ces personnes, comme pour tout un chacun, n’est justifiée que si elles représentent un danger pour elles-mêmes ou pour d’autres ou si elles risquent de ne pas se représenter à une procédure ultérieure à laquelle elles sont convoquées. La Directive Retour européenne prévoit d’ailleurs que la détention soit un acte de dernier recours et qu’il faut donc utiliser d’autres moyens avant d’en arriver là. Il existe diverses alternatives pour éviter de détenir les gens quand ce n’est pas nécessaire.

Il y a un souci de ce point de vue ?

Oui. Sur le terrain nous n’avons pas observé de la part des Etats la mise en place de ces mécanismes alternatifs. On a également pu constater que les droits des enfants sont mal respectés. J’ai visité des centres en Grèce et en Italie et, de l’autre côté de la frontière, en Tunisie et en Turquie. Et j’ai vu des mineurs partout, particulièrement en Grèce.

Les ONG estiment que certaines opérations de Frontex(1) sont contraires au principe de non-refoulement inscrit dans le droit européen. Partagez-vous ce sentiment ?

Cette protection s’applique aux personnes qui risquent d’être persécutées dans leur pays ou qui s’exposent à des traitements dégradants – par exemple, le fait de ne pas pouvoir être soigné dans de bonnes conditions. Mais ce principe ne peut être mis en œuvre que si quelqu’un de compétent vérifie dans chaque cas s’il y a un besoin de protection. Cela peut-être le HCR, la Croix-Rouge, un personnel spécialisé formé pour cela mais il faut qu’il y ait une évaluation individuelle. Or dans les cas de détention massive que nous avons analysés, cela n’a pas été fait.Autre exemple : l’Italie a passé des accords bilatéraux avec la Tunisie, et l’Egypte pour le renvoi extrêmement rapide (moins de 72 h) de ressortissants de ces pays interceptés en mer. Ils sont amenés dans des centres de détention ad hoc, c’est-à-dire un hangar réquisitionné, et ensuite à l’aéroport de Palerme où deux charters sont affrétés par semaine. Mais aucun des organes qui a pour mission de faire les visites d’évaluation dans ce type de centre n’y a accès. Je n’ai rien contre un renvoi rapide, cela ne sert à rien de donner aux gens l’illusion qu’ils ont le droit de rester quand ce n’est pas le cas. Mais on ne peut pas le faire sans vérifier s’ils n’ont pas besoin de protection.

Pourquoi l’Europe attire-t-elle les migrations irrégulières ?

Parce qu’il y a un bassin d’emplois pour l’immigration exploitable. Il y a des employeurs en Europe dont la compétitivité est assurée parce qu’ils utilisent des gens à 3€ de l’heure dans le secteur agricole, de la construction et autres. Si nous ne payons par la barquette de fraises 17 €, c’est parce des migrants acceptent de travailler 10h par jour dans les champs pour 20€, comme j’ai pu le voir en Italie.

Tant que l’on n’a pas une ouverture à la migration légale pour ces besoins du marché du travail européen, les migrants continueront à arriver irrégulièrement parce que ces employeurs ont de toute façon besoin d’eux. Et plus la frontière est difficile à franchir, plus ils sont en situation vulnérable et facilement exploitables parce qu’ils ne votent pas, ils ne protestent pas et ne se plaignent pas. C’est un cercle vicieux. Il faut diminuer les facteurs d’exploitation et mettre en place un accès à la justice et aux services publics pour que ces personnes reçoivent le soutien nécessaire sans crainte d’être arrêtées et renvoyées chez eux.

The Imperfect Immigrants

Timothy Egan

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VISNJA GORA, Slovenia — Exactly 100 years ago a man of 22 left this village on the eve of a great war to build a life in the United States. To Ignac Vrhovec, the tired old ground of his homeland was tangled in his ancestors’ encumbrances and spent by time. After he left, much of that land would change hands, from the Austro-Hungarian Empire, to Italy, to Nazi Germany.

He traveled from an eyeblink of a town created in 1478 to a sprawling nation not even half as old. According to family lore, he arrived in the United States with only one thing of value: an heirloom earring, to be sold if he was desperate for return money. Over time, he made a home in Minnesota, started a family, became a success — the story of the American Becoming, the only difference being that Vrhovec was Slovenian, a distinct minority in the stew of our country’s immigrants.

A few days ago I went to Vrhovec’s village with his granddaughter, Lisa Verhovek, and her husband, Sam (the surname’s spelling was modified at entry, and Sam, a former Times reporter, took his wife’s name). The clouds hung low over the forested hills and when they fell away, we caught views of fresh snow in the Julian Alps to the north. Our hosts brought out dried meat and apricots, and we drank a stiff mountain blueberry wine while trying to talk through the years.

In many ways, it was the perfect reverse journey: an American trying to understand more about herself by touching the stone of her grandfather’s home and connecting to lost kin. But it was not without surprises — in what had become of the side of the family that stayed behind, and the elliptical tales of the young man who walked away from this village in 1913. Vrhovec, like so many American patriarchs, left a past full of permanent mystery.

When I had tried to retrace the steps of my own Irish Catholic forebears, I found that the first American on my father’s side had most likely slipped over a porous border from Canada into Michigan, without official sanction. He was the imperfect immigrant. Today, you would call him illegal, and somebody with a talk radio show would be railing about how his “type” were ruining the country.

At a moment when the United States is poised to do something historic about immigration, it’s worth unearthing the exact details of how Egans, Vrhovecs and millions of others came to America. Very few were on the Mayflower’s manifest. Very few were perfect citizens. They were ordinary only in the way of all people who left behind extraordinary circumstances. Their secrets, in many cases, did not travel with them.

Today, many Republicans, cornered into rethinking their absolutist position by the nation’s inevitable demographics, still oppose a pathway to citizenship for undocumented people who have been in the United States for years. They want storybook immigrants, nothing less — a blanket fantasy. Of course, there are those who waited in line, and had the money or connections or smarts to come into the country clean. But so many others, who are productive, proud Americans in every way but their citizenship papers, started their new lives in the shadows.

Slovenia, the land of Lisa Verhovek’s ancestors, has been independent only since 1991. A country of two million people virtually unknown to most Americans, it has seen many sons and daughters walk away. An immigrant might have been a third child in line, facing a future without a stake in the family farm — the curse of old-world primogeniture. Or he may have been nothing more than an able-bodied male, which meant conscription to an army that couldn’t care less for your stories, your songs, your foods. In every immigrant’s saga, the reason to leave is stronger than the ties that bind.

And throughout Europe today, where so many young people face a bleak, even hopeless future, with unemployment for those under age 30 at Depression-era levels, you see and hear the same stirrings that motivated the 22-year-old from Visnja Gora. As well, history is never far below the surface in the former Yugoslavia: what your father or grandfather did in World War II, or before, when alliances were tangled, is reason for old grudges to fester.

For the American woman returned to her family home, it is enough simply to walk on ground that has long been trampled by Vrhovec feet, to embrace a cousin with the same cheekbones, to visit a graveyard holding generations. The home where Lisa’s grandfather was born, a farm on a steep hill, is empty now and mildewed, with weeds growing from the roof. It seemed sad and cast-away on a misty Saturday afternoon.

But the surrounding countryside is green, overgrown from a springtime of heavy rain, and gardens are planted, full of promise. There are enough children in the village to fill a school — the best sign of tomorrow.

We sat with a young Slovenian friend, Ziga Pirnat, with the translator skills of a scholar and the sensitive ear of a diplomat, and heard fragments upon fragments of stories. It was hard to know the truth. But even with the gaping holes in the forgotten early life of Ignac Vrhovec, you could not help being proud of his old country, for giving us a founding American family, and of his new country, for taking him in.

(Article first published 30 may 2013 in The New York Times)

Time for US immigration reform?

We discuss whether the Barack Obama administration is doing enough for migrants in the United States.

 

The group tried to take their fight directly to the US president, calling for immediate action after he declined a similar request to halt deportations earlier this year, saying he is focused on “getting reform passed, and not easing up on enforcement”. However more than 400,000 people were deported from the US last year – a record high.

Next month, the US Senate is expected to begin debating a bill that is heavy on enforcement. The proposal was put together by a group of Republicans and Democrats.

It would put 11 million undocumented migrants on a path towards citizenship but only after border security provisions are met, including the deployment of the National Guard to build a border fence along the US-Mexico border as well as the funding of more than 3,500 customs agents.

Only after such security measures are enforced will undocumented workers have a chance to gain legal status in the US.

Nonetheless migrants have proven to be very supportive of the American economy.

A study led by researchers at Harvard Medical School measured immigrants’ contributions to the government-administered fund that covers hospital care for the elderly.

It found that immigrants generated surpluses ranging from $11bn to $17bn every year between 2002 and 2009. This led to an overall surplus of more than $115bn. During the same period, people born in the US incurred a deficit of $28bn.

Non-citizens contributed most of the surplus from immigrants due to the high proportion of working-age taxpayers in this group.

One group, strongly in favour of immigration reform, the ‘Nuns on the Bus’, have been outspoken on a range of social issues. On Wednesday, they embarked on a national tour to put forward the case for change. On Thursday, they held a rally near Capitol Hill in Washington.

“The current proposal that passed out in the Senate committee is a significant step forward, it deals with all of the key issues … I’ll tell you, we cannot afford to lose this opportunity,” Sister Simone Campbell, the executive director of Network, the Catholic justice group that organised the tour, told Al Jazeera.

“We have got to make sure that comprehensive immigration reform passes, passes soon and well, the basic bill is fine, it will be a significant step forward … and later we can worry about tweaking some details, but we got to accomplish it now.

“Immigration absolutely is a moral issue, because we have a moral responsibility to care for all …. But it is also smart economics, because one out of four businesses in the US is started by an immigrant, and the last time we did immigration reform in 96 the economy grew, because immigrants where then able to fully participate, engage in our society, start businesses, employ people, pay taxes, and be a full participating part of our community,” she added.

So, will migrants’ voices ever be heard in the US? Can a reasonable immigration bill be passed in Congress? And can this be achieved under Obama’s administration?

To discuss this, Inside Story Americas, with presenter Shihab Rattansi, is joined by guests: Uriel Sanchez-Molina, one of the 12 immigrant activists arrested (and later released) on Wednesday; Lanae Erickson, the deputy director of the Social Policy and Politics Program at the Third Way think tank; and Sarahi Uribe, the national campaign coordinator for the National Day Laborer Organizing Network.

“I did participate, I did get arrested yesterday, and was later released that same day … and it was really to bring attention to the fact that the president is going to be coming into town, he is going to be blocking traffic coming in through Chicago, and at the same time we are doing the same thing, but really there’s very different reasons. There’s a president that is coming in to remobalise his Democratic base … and then there’s us. Mobilising is really based in trying to get the president to hear us out, and listen to us, because we are speaking out and we are speaking out very loudly.”

– Uriel Sanchez-Molina, activist and one of those arrested on Wednesday

Al Jazeera

Palestinian pawns: Egypt’s refugees

Author visits the “informal village” of Palestinians with no basic rights – not even official refugee status.

Sarah Mousa graduated from Princeton University’s Woodrow Wilson School of Public and International Affairs in 2010, and was a 2010-2011 Fulbright Scholar in Egypt

 

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While Palestinians commemorate the 1948 “ethnic cleansing” of Palestine – the Nakba – the “catastrophe” neither started that year nor has it ended. The Palestinian people have suffered for generations. Today, they continue to be treated as second class citizens in their own homes, denied basic rights of mobility and secure livelihoods in the occupied Gaza Strip and the West Bank and live precariously in refugee camps in Lebanon, Syria and Jordan.

The Egyptian role in Palestine has historically differed from its Arab neighbours. In 1948, Egypt was the only country to close its borders to Palestinians, out of a principled interest in keeping Palestinians within their nation. The policy was in some ways long-sighted, as many of those who fled in 1948 have not been allowed to go back. It has often been suggested that the relative dearth of Palestinians in Egypt, or the higher socio-economic status of this group, could be attributed to this policy.

Palestinian refugees in Egypt

Recently, however, Arab activists have stumbled upon a sizeable group of 1948 Palestinian refugees in Egypt. A few months ago, a group of four Palestinian and Egyptian friends came across the mention of a mass exodus of Palestinians from Bir il-Saba’ village in 1948; the refugees were said to have gone to Egypt. The friends found it strange, as they and others had persistently inquired about the existence of Palestinian refugee groups in Egypt at the Palestinian embassy and organisations in Cairo. They called on others to help them locate this community, which they eventually tracked down.

A few hours north of Cairo, in the Nile Delta governorate of Sharqiya, is the village of Gezirat Fadel. It is aptly named “Gezira” – island – because of its physical isolation at the time of its foundation, and Fadel after the name of one of the founders of the village. For the past 65 years, this village has been almost completely off the radar, by choice or ignorance, of any institution – whether be it the Egyptian or Palestinian authorities, non-governmental organisations or activists.

Neither the village nor the people are officially recognised by the Egyptian government, and thus the informal village is left with no infrastructure or public services, and the people with no basic rights – not even official refugee status. Since locating the village, the friends have visited it several times, gathering information on its history and current conditions, and have been lobbying Arab and Egyptian media to shed light on the neglected community.

For the anniversary of the Nakba, they called on other activists to join them to visit Gezirat Fadel, to commemorate the occasion and convey the simple message that this community of refugees would not be forgotten. As Syrine, a Palestinian activist from Jerusalem, put it: “These people, the refugees, are the biggest victims of the Nakba. They are the ones we should commemorate it with.”

I joined over 80 activists, who were predominantly Egyptian and Palestinian, but included Swedes, French, Iranians and others. On an early Friday morning, the buses drove out of Cairo, past the lush Delta fields, through the busy Sharqiya capital of Zaqaziq, and on to a dirt road that eventually became too narrow for the buses to continue.

The activists descended from the buses with dozens of Egyptian and Palestinian flags in hand and a banner that read:

“In memory of the Nakba, Gezirat Fadel will no longer be forgotten. Egypt and Palestine, one people, one struggle. From Egypt to Palestine, the revolution continues and will prevail. We will return, one day, to Bir il-Saba’.”

As we walked towards the village, the path, filled with rubbish and lined with mud brick walls, was an indicator of what lie ahead. After a 20-minute walk, clay houses and Palestinian flags waving from hay rooftops appeared. The villagers, overwhelmingly young children, were excited by the news of visitors and lined the streets, Palestinian kufiyas draped from their necks and greeted us in their mixed rural Palestinian-Egyptian dialect.

While the trip was primarily humanitarian in purpose – the group came with toys for the children and doctors who paid house visits – the political nature of it was effusive. Though the organisers insisted upon the independence of the initiative, the identity of involved activists as core actors from the ongoing Egyptian revolution was belied either subtly or quite explicitly as it appeared on the banner. The ideals of the Arab uprising – ones that insist uncompromisingly on freedom and social justice – translate very directly into political stances which in the case of Palestine not only oppose Israeli forces’ brutality, but also reject intermediaries and facilitators of ongoing occupation and displacement, Palestinian authorities included.

Mired in poverty

In Gezirat Fadel too, politics was palpable. It became starkly apparent throughout the day that the isolation of this village has nothing to do with geography or ignorance, but rather has been constructed by Egyptian and Palestinian authorities and beneficiaries.

As we entered the village, we were greeted by a village head, the “omdeh“. One of the few educated members of the village, he works in Cairo and dressed in a suit that contrasted with a population where village elders were donned in traditional Palestinian dress and others in simple, often tattered clothing.

Standing on an elevated veranda before the villagers and visitors, the omdeh proceeded to warmly welcome the activists and referred to the Nakba as a celebration, a marker of the day that Palestinians will return to their homes, with all the embellishments of Arab oratory. The omdeh described the village in shining terms, claiming that villagers earn decent incomes and thanked for the support from Palestinian authorities and the Egyptians who have welcomed them as “guests”.

The performance stood in stark contrast to the private interactions of the omdeh with organising activists and with the realities of village life. The refugee audience was markedly acquiescent as the omdeh spoke. Among the crowd, an event organiser spotted an employee from the Palestinian embassy in Cairo.

The activists had brawled with the employee days before in Cairo, over the embassy’s persistent denial of the existence of a Palestinian refugee community in Egypt, despite evidence that the embassy had direct ties with the village omdeh and that the ambassador had himself paid a visit to the community. The activists have also had a turbulent relationship with the omdeh since first visiting the village; the omdeh had initially threatened the activists, telling them that he would inform Egyptian intelligence services if they returned to Gezirat Fadel.

The omdeh‘s remarks were incongruent with observations of village life. The conditions in which the Palestinians of Gezirat Fadel live are nothing short of appalling. The village is home to over 3,000 people. Other than a “guest building” – which consists of a large room that is used for community gatherings and is internally adorned with a banner thanking Palestinian Authority President Mahmoud Abbas for his contributions to the community – the village contains literally no public services. To say that the village was marked by poverty would be an understatement – on the way to the village, I spotted a young boy retrieving a tattered shirt from a pile of garbage and sewing it together to wear.

While the Gamal Abdel Nasser government had extended state services to Palestinians in Egypt, making it possible for Gezirat Fadel villagers to use state institutions at the same free or highly subsided prices offered to Egyptians, these rights were revoked in the Sadat era. The refugees must pay international fees to access most basic services; they have no right to property ownership.

A majority of the villagers are employed as day labourers on large tracts of land owned by Egyptian companies or families, as mechanics or in small shops in neighbouring villages, or collect and sort garbage. Donia, a 12-year-old refugee who walks for two hours each morning to join a reading class in a neighbouring village, said she aspires to work “for anyone who will employ me”.

While some mentioned the lack of legal rights, they were quick to thank Egypt for hosting them for so long. The hardships of their present lives were masked with evocations of their lost homeland. While most villagers have never laid eyes on Bir il-Saba’, even the youngest children describe it vividly, adding illustrative accounts of the night their grandparents were bombarded by Israeli fire in 1948, listing the death of relatives and recounting the journey to Egypt.

“We are Palestinian guests in Egypt, and will one day return to Bir il-Saba’,” was an unprompted phrase echoed by villagers of all ages. Eight-year-old Samih offered to show me his grandfather’s olive tree seeds, which he definitively told me that he will one day plant outside his family home in Bir il-Saba’.

Manipulation of power

While the population of many Egyptian villages may suffer from stark inequality and poor services, it seems particularly exasperated in the Palestinian case.

Basic rights for Palestinian refugees have often been presented by Arab officials as a contributor to resettlement, counter-productive to the right of return. What is apparent, though, is that these same institutions, while loudly touting their nationalism and dedication to the Palestinian cause, are largely removed from daily hardships experienced by the refugees.

One activist from Ramallah lamented the irony in the statements of Gezirat Fadel refugees who linked any hardships to a greater national cause and expressed pride in PA President Abbas, while in his home city political elites live relatively luxurious lives.

The link between personal interests and political institutions is a phenomenon that continues to have a real impact on people’s livelihoods in the Arab world. In the case of the Palestinian refugees, this is often intense, as in addition to community dynamics and Palestinian leadership, host countries add a layer of complication.

In the context of the Arab uprising, people are recognising and openly rejecting this manipulation of power. Despite the omdeh‘s threats, activists returned to Gezirat Fadel, openly challenged his statements in front of villagers and refused his monopolisation of the story of the refugee experience.

While for 65 years the right of return has been, and will continue to be, the essential demand of the Palestinian refugees, there is an evident need for an extension of basic rights to a community that suffers exponentially due to the politicisation of its identity. Arab governments’ hypocritical lip service to the Palestinian cause has long been transparent; Arab activists are now determined to bring it to an end.

Sarah Mousa graduated from Princeton University’s Woodrow Wilson School of Public and International Affairs in 2010, and was a 2010-2011 Fulbright Scholar in Egypt. She is currently a graduate student at the Center of Contemporary Arab Studies at Georgetown University.

Source: Al Jazeera

Nowhere to go: The plight of refugees

South2North discusses human rights in Zimbabwe and the unfolding human tragedy in Myanmar.

Imagine being declared stateless and not able to return to your country of birth because of your tribe, ethnicity, skin colour or religion.
Myanmar is Asia’s newest democracy after elections last year, which saw the end of a military dictatorship and the return to world favour. But the United Nations says the long-running conflict between the Buddhist majority and Muslim minority population is a humanitarian tragedy in the making.
Ethnic Rohingyas are being denied citizenship in their own country and herded into camps where they face a triple threat from violence, starvation and disease. The UN estimates about 13,000 Rohingya fled western Myanmar and Bangladesh in 2012, and an estimated 500 refugees have already died at sea with more deaths expected.

South2North talks to Maung Tun Khin, a human rights activist from Myanmar:

“The military government is killing the Rohingyas silently. They are blocking aid. And many Rohingyas cannot go to the hospital. More than 230 Rohingya women are facing serious difficulty in delivering their babies.”
Kennedy Gihanna, a Rwandan refugee and now successful human rights lawyer in South Africa, explains that the situation in Myanmar concerns him, knowing the patterns that lead to genocide.

Fourteen years ago Gihana wrapped his school graduation certificate in a piece of plastic and tied it around his body with a piece of banana rope. Then he walked 3,000 kilometers from Kigali to Johannesburg bypassing roadblocks, soldiers and gangsters. It took him six months.
“I have been watching the issue of Myanmar. I see it on TV; it’s very sad. Nobody wants to listen to these people. Nobody even wants to protect them. Everybody, the UN, the Europena Union, the Asian Pacific, nobody wants to find a solution. And you make these people stateless in their own country. They are unwanted people,” Gihanna says.
On Sunday, March 17, in Zimbabwe, three senior officials of the Movement for Democratic Change, together with internationally renowned human rights lawyer Beatrice Mtetwa, were arrested by plain-clothes officers at the home of a top adviser to opposition leader and Prime Minister Morgan Tsvangirai. These arrests have followed months of harsh crackdowns.

Just a few days before she was arrested, Mtetwa was a guest on this week’s South2North. She came on to explain her own work in defending human rights and how she had previously been harassed by the police for her work.

She said: “Well, I mean if the ground is uneven and you do defend people you know I’m not in the good books with those who are enjoying political power. You do expect to become part of the problem for them. You ought not to defend them and if you are defending them you are saying that what they are doing is correct.”

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Source: Al Jazeera

 

 

Canada’s culture of mean: Beating up on refugees

Matthew Behrens

| May 21, 2013

Photo: GRC-RCMP/ Frontière-Border/flickr

Toronto’s legendary refugee rights lawyer Barb Jackman has a unique way of framing issues at their most human level, an art often lost by those who spend their lives in courts and immigration tribunals fighting for their clients’ right not to be deported to torture and other cruelties. Testifying recently before a Senate committee on a repressive piece of deportation legislation, Jackman aptly summed up the mean political culture that increasingly grips the land.

Bill C-43 (a.k.a., most inappropriately, the Faster Removal of Foreign Criminals Act) could be called the double punishment bill, because that’s essentially what it does: individuals without full citizenship status in Canada not only face a sentence if criminally convicted, but automatic deportation following that, without ministerial discretion to examine the context of the conviction and the severe consequences of forced removal on individuals, families and communities.

“Taking away humanitarian discretion, which we have never not had, is a fundamental change in the way we look at non-citizens,” Jackman told the Senate. “I believe there should have been a national debate about whether or not we want to go there in terms of being a mean, petty, disgusting country.”

C-43 removes from a whole class of people access to the immigration appeal division and, in a masterstroke of fundamental unfairness, also applies retroactively to permanent residents who’ve served sentences of over six months that predate the new legislation. Hence, someone who has a criminal conviction from 15 years ago may now be uprooted from their family and deported without access to any kind of appeal. Pre-C-43, if the sentence was 2 years less a day, one could appeal for discretionary relief from a deportation order. But if the sentence was 2 years or over, even by a day, that appeal disappeared. Under C-43, the benchmark is reduced to a six-month sentence, and applies retroactively to someone who, when they negotiated a sentence, thought they would have access to an appeal if facing deportation.

The issue was explored in the Supreme Court’s Pham decision earlier this year, in which an individual who seems to have been caught up in circumstances beyond his control was sentenced to two years behind bars, removing the possibility that he could appeal to the Minister to consider the context of his case and humanitarian reasons for allowing him to stay. The Supreme Court reduced his sentence by one day so that Pham could have access to a deportation appeal; C-43 removes that possibility.

Destroying lives under C-43

The Canadian Bar Association’s Gordon Maynard provided numerous examples to Senators of folks whose lives will be destroyed under the new legislation. For example, “a permanent resident in Canada since 11 years of age, here for 20 years, with parents here and siblings, married with children but suffering from alcoholism and mental illness, loses his employment, falls into substance abuse and engages in petty frauds and credit card thefts. He is convicted of his first criminal offences in Alberta; he is given a six-month sentence. By Bill C-43, there is no review of his circumstances upon issuance of a deportation order. His time in Canada, his illnesses, his family and his lack of any prior record will not be considered. There is no appeal to the appeal division.”

A Canadian citizen facing the same circumstances would only be punished once and, perhaps, be directed towards help for mental illness and addiction issues. Not so for the permanent resident or refugee. Maynard posed another possibility, whereby a  “Mr. Singh, a permanent resident in Canada, is vacationing in Hawaii. While socializing in a bar, there is a racial insult, an argument and a fight. He punches someone in the nose; it is a good punch. He is arrested and appears before a judge the next day. Mr. Singh does not want to spend his time in Hawaii fighting a charge that he does not believe he is guilty of, but he pleads guilty to go home. He pleads guilty to assault causing bodily harm and pays a $200 fine. He is released and allowed to return to Canada…. It is a conviction outside of Canada for an offence in Canada that is classified as serious. It does not matter what penalty he got. Under Bill C-43, when he is issued a deportation order, there is no review in the appeal division.”

Criminal lawyers point out that the new legislation will likely cram the already overcrowded prison systems with permanent residents who are fearful that taking a conditional sentence in the community will harm their chances of staying in Canada. Indeed, conditional sentences for minor offences tend to be longer than those behind bars, but if a conditional sentence is over six months, that is a ticket to deportation; a four-month jail term may be sought instead, increasing the cost of punishment and also blocking the individual from community programs.

Who does this legislation most affect? Not ‘foreign’ criminals

While Immigration Minister Jason Kenney crows from atop his deportation perch that this legislation is necessary, those most affected are not “foreign” criminals but rather long-time residents who have made mistakes but, because of their status in Canada, face far greater consequences than those born here, with no right of appeal. They are not alone. The legislation stretches into the Twilight Zone by nailing individuals who are only suspected of having committed an offence outside of Canada — no actual proof of conviction required — with no chance to review the CBSA officer’s decision.

In a shout-out to CSIS, Canada’s scandal-ridden spy agency, C-43 also requires that individuals applying for citizenship attend a mandatory interrogation, in which they must answer all questions “for the purposes of an investigation,” a significant change from the current requirement, which limits the need of the interviewee to answer questions to those that are “reasonably required.” Canadian citizens can refuse to answer questions from CSIS; but refugees and permanent residents are losing any wiggle room, exposing them to a grilling that, should they fail to co-operate in a broad-ranging questioning that may have nothing to do with their application (a common enough practice as it is), will result in a failure to pass security screening.

In yet another example of officially legalizing what has been a standard practice of Mr. Kenney’s (such as in the high-profile case rejecting entry of British MP George Galloway), the Minister under C-43 can deny entry to Canada to anyone for a period of three years based on undefined “public policy grounds.” The Canadian Bar Association condemns this as an unprecedented Ministerial power that “invites arbitrary application and abuse. It is repugnant to the fundamental principles of Canadian democracy and the freedoms protected in the Canadian Charter of Rights and Freedoms. The lack of accountability and the vague criteria would allow Ministers who may so choose, to deny entry to persons whose views are unpopular or simply objectionable to the government of the day.”

Televising Canada’s culture of meanness

While the new law — which passed the Senate committee last week without amendment and is up for third reading later this month — will likely be the subject of litigation, another exercise of this government’s culture of meanness ran into rough waters earlier this year when a grassroots campaign was brilliantly organized to end the exploitation of some very vulnerable souls.

Readers may recall the high-profile arrest of a group of B.C. workers that was filmed by the reality TV program Border Security, a Force Four “entertainment” enterprise airing on National Geographic TV. While in detention, the arrestees had waivers placed in front of them, demanding they sign away their right to privacy so the show could air their arrests, interrogations and deportations.

Based on a highly rated Australian show that, according to unclassified memos sent to the Canadian Border services Agency (CBSA) minister, “reinforces main compliance messages,” Border Security was recommended as a good investment for the federal government, especially since the U.S. Customs and Border Protection also pursues “a robust program to engage the film and television industry.” That’s how the CBSA became a television producer.

Like the 1976 satire on news media, Network, whose corporate executives hire armed groups to film themselves while engaging in bank robberies and other headline-grabbing events in order to boost ratings, Border Security has a built-in incentive to produce dramatic events that will draw viewers. Indeed, the CBSA calls itself “de facto executive production authorities and, as such, would identify scenarios, sites and storylines, as well as provide active engagement in, as well as oversight and control of, all film shoots.”

CBSA’s history of using migrants as fodder for attention

This is not the first time CBSA has used migrants as fodder for attention. Its notorious “Wanted by the CBSA” website maligned dozens of individuals by posting their pictures and describing them as war criminals, among other disparaging terms. Follow-up to that campaign resulted in a September 11, 2012 CBSA memo from agency vice-president Pierre Sabourin, who advised that his website would “feature a minimum of 35 individuals who will be continuously refreshed and updated with cases from the CBSA immigration warrant inventory.”

Notably missing in that memo was the human element of wrongly named individuals whose privacy is obliterated, and whose safety is put in serious jeopardy if they are in fact arrested and deported with the “national security” label strapped across their CBSA mug shot. No, they are merely part of the CBSA’s collateral damage inventory, people whose lives have no meaning other than as tools for carrying out their propaganda campaign either on websites or TV programs.

Like CBC or NBC executives considering their fall lineup of comedies and police dramas, the CBSA was faced with a conundrum, concluding there just aren’t enough alleged threats out there to keep the most-wanted program continually refreshed. As a result, “a proposal for the expansion” of the program’s criteria was said to be forthcoming. Shortly afterward, CBSA decided to both expand the criteria for inclusion on the Most Wanted list while dropping the inventory from 35 to 20. The briefing note does acknowledge, in one of those bureaucratic sops to that archaic notion of presuming innocence, that including the wider net of cases on the website may “be perceived negatively by the public as these individuals have not yet been determined to be inadmissible to Canada.”

The solution to this lack of inventory likely feeds into Border Security, where CBSA control of storylines could contribute to a greater public involvement in the Most Wanted program, noting, “Communications is exploring additional avenues to generate additional public interest and exposure to the ‘Wanted by the CBSA’ program, including pro-active media releases.”

While the CBSA’s most-wanted program is facing lawsuits and privacy complaints (forcing the agency to perhaps reconsider the use of such inflammatory labels as war criminal), its biggest concession to public pressure was the response to the Deportation is Not Entertainment campaign, which rallied thousands to decry the abuse of migrants for entertainment purposes. The agency will not air footage from the original immigration enforcement raid (though numerous of the detainees have since been deported), and CBSA seems slightly humbled. But the offensive program remains on the air, and efforts to derail it continue.

Meantime, it is never too late for Canadians to ask themselves just how mean, petty, and disgusting they are prepared to let things get. There are plenty of opportunities to get involved in grassroots efforts to reverse the tide.

Matthew Behrens is a freelance writer and social justice advocate who co-ordinates the Homes not Bombs non-violent direct action network. He has worked closely with the targets of Canadian and U.S. ‘national security’ profiling for many years.

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Quelling xenophobia in South Africa’s townships

Abdullahi Wehliye’s shop in Philippi has been robbed seven times since 2010

PHILIPPI, 14 May 2013 (IRIN) – This week marks five years since tensions between foreigners and South Africans living in impoverished communities across the country erupted in xenophobic violence, leaving more than 60 people dead and tens of thousands displaced, their homes and businesses robbed and abandoned. 

Since May 2008, various initiatives have been established to detect early warning signs of future xenophobic attacks and to improve responses. But while no further outbreaks have occurred on the scale of the violence five years ago, attacks on foreign nationals have continued. On average, one person was killed every week in 2011, according to the Consortium for Refugees and Migrants in South Africa (CoRMSA).

The looting and victimization of foreigners has also remained a feature of the frequent service delivery protests that have rocked South African townships in recent years, as has the near impunity of perpetrators.

In a statement released on 13 May, CoRMSA concluded that “much more still needs to be done to promote peaceful communities”.

Tensions high

Philippi Township, 25km southeast of Cape Town, has been a hotspot for xenophobic violence in Western Cape Province post-2008. In an area where nearly 60 percent of residents are unemployed, according to census data, Ward Counsellor Thobile Gqola, estimated that foreign nationals run more than half of businesses.

“Generally, people are happy to live side-by-side; the problem starts when it comes to business,” he told IRIN.

Most of the violence has been directed at Somali refugees who run many of the small grocery stores known as ‘spaza’ shops in the township. Like many other Somali traders in Philippi, Abdullahi Wehliye, 28, opened a shop there after losing his shop in neighbouring Khayelitsha Township during the 2008 xenophobic violence.

“I lost everything; I had to start over,” he told IRIN as he served customers through a metal grill, a security precaution that has done little to protect him from crime.

Wehliye said his shop had been robbed seven times since it opened in 2010. During one incident in 2012, his brother was shot and killed. Although he reported all of the robberies, no arrests have been made. Of 60 Somali shopkeepers in the area, who have formed an association that Wehliye chairs, all have had their shops robbed and the vast majority have experienced shootings, Wehliye said.

A 2012 study by Vanya Gastrow and Roni Amit, of the African Centre for Migration and Society at Witwatersrand University in Johannesburg, found that Somali-run shops suffered disproportionately from crime, including attacks orchestrated by competing South African traders. Their vulnerability to such attacks was found to be partly the result of their lack of access to informal justice mechanisms and community structures.

In township settings, noted the researchers, leaders of local street committees, most of which fall under the authority of the South African National Civic Association (SANCO), often play a more important role in responding to crime than the formal justice system.

“People in townships still respect their ‘chiefs’,” said Charles Mutabazi, director of the Agency for Refugee Education, Skills, Training and Advocacy (ARESTA), a Cape Town-based NGO.

Peace monitoring, community building

ARESTA partnered with the International Organization for Migration (IOM) to start a project in Philippi in 2012 that identified 20 community leaders in each of the townships’ five wards and trained them to be “peace monitors”. The three-day training included mediation and conflict-resolution skills as well as information about the rights of migrants and refugees.

“There’s a lot of conflict here,” said Vra Mdledle, a SANCO member and secretary to a ward counsellor who went through the training last year. “When you’re in SANCO, they don’t give you training, they just nominate you. ARESTA gave us skills we could use in our communities.”

She gave the example of a Somali shopkeeper in her area who had recently experienced an arson attack. Following a similar attack last year, he alleged that local police had pressured him to drop the case.

“I called all the peace monitors, and we decided to accompany him to the police station,” said Mdledle. “We asked to see the station commissioner and demanded that the previous case be reopened. I saw the police are not really doing their job.”

Although the focus of the project is to promote diversity and quell xenophobic tensions, the peace monitors do not limit themselves to advocating for foreign nationals. Locals also suffer as a result of police negligence, said Mdledle, and there are many situations that demand conflict-resolution skills in this densely populated township.

Voyiseka Nzuzo, 24, who went through the ARESTA training in February, said peace monitors in her area had recently intervened after the family of a nine-year-old rape victim beat and stabbed a man they believed to be the perpetrator. “We found that the child had pointed out five different people. We went to the police station and tried to convince the case investigator they had the wrong suspect,” she told IRIN.

Peace monitor, Lufefe Mdunyelwa in his barber shop

As the owner of a barber shop with foreign customers and the founder of a local business association that includes South Africans and migrants, Lefefe Mdunyelwa said he already had friends from other countries before he became a peace monitor, but that he still learned a lot from the training. “I learned that each and every person is just living for themselves; nobody’s trying to steal your business,” he told IRIN.

Noticing that the foreign members of his association were often discriminated against when it came to the issuing of business permits and the charging of rent by municipal officials, he said his association is now advocating for equal treatment.

Although ARESTA has made efforts to include members of Philippi’s Somali community in the peace monitor training and quarterly peace marches, Mutabazi said participation had been disappointing.

Wehliye, who is one of eight Somalis to have gone through the training, said language remained a barrier, and Gqola, the ward councillor, said foreign nationals often stayed away from meetings aimed at facilitating dialogue between local and foreign business owners because they felt intimidated.

Wehliye said he signed up for the training because “after we’d been robbed so many times, I wanted to know what rights I had. I learned I had the same rights [to justice] as local people. I feel empowered.”

Becoming a peace monitor has also brought him into contact with local leaders whom he works with to resolve conflicts. “I now feel like a member of the community,” he told IRIN.

Mutabazi said the success of the peace monitor project lay in its emphasis on changing the mindset of influential community leaders. Whether it will be rolled out in other townships will depend on funding, but Mutabazi is convinced that the value of the training has been tested.

“It’s empowering [participants] to be better community leaders. If we’re leaving that kind of legacy behind, it’s very good for promoting social cohesion.”

From IRIN

Margaret Cho, Alice Walker and 100 More Artists Call for Humane Immigration Reform

From colorlines

by Julianne Hing, Wednesday, May 8 2013, 1:05 PM EST

Artwork by Ray Hernandez

On Tuesday more than 100 artists, comedians, writers and musicians issued a statement calling on Congress and President Obama to pass humane, inclusive and just immigration reform.

The signers, whose statement is available at MigrationIsBeautiful.com, say immigration reform must include five basics:

End the detentions and deportations that cause separation and suffering for families; Preserve families by expediting the visa process and retaining longstanding policies that reunite and stabilize families; Ensure all immigrants have basic workers’ rights; Provide equal immigration rights to LGBTQ individuals and families; and Create a clear roadmap to citizenship that includes all 11 million undocumented immigrants.

Because, they contend, “Migration is natural and beautiful. The human truth is that all people move, and all people have rights. Creating a just and humane immigration process is a moral and cultural imperative that secures the future of a vibrant nation.” Their calls come just as the Senate is taking up its immigration bill.

Take a look at the list of supporters in full; it’s a who’s who of smart artists. Novelists Ha Jin and Teju Cole support humane immigration policy. As do filmmakers Mira Nair and Robert Redford, along with comedians Negin Farsad and Margaret Cho, and actors Rosario Dawson, Blythe Danner and Alfre Woodard. Who wouldn’t want to be in such good company?

To kick off the campaign, which is a collaboration between The Culture Group, Air Traffic Control, and CultureStrike, artists Favianna Rodriguez, Ray Hernandez, Julio Salgado and Jason Carne created images with the campaign’s signature butterfly attached to it. Check out their work below:

by Favianna Rodriguez

by Jason Carne

by Julio Salgado

by Ray Hernandez