Category Archives: Migration Headlines

To and from persecution: LGBTI refugees in Africa

Refugees and asylum seekers face a host of challenges when crossing borders, but the obstacles are particularly pronounced for LGBTI persons.

08 MAY 2013 11:42 – KYLE KNIGHT Mail & Guardiandownload

“LGBTI [lesbian, gay, bisexual, transgender, or intersex] asylum seekers and refugees face a range of threats, risks and vulnerabilities throughout the displacement cycle,” said Volker Türk, director of international protection at the UN Refugee Agency (UNHCR).

“And while the world has come a long way since first recognising asylum claims based on sexual orientation and gender identity in the 1980s, residual factors ranging from criminalisation to disbelief result in LGBTI people suffering at the hands of a variety of actors as they flee oppression and seek safety,” he said.

A new edition of the Forced Migration Review (FMR) released on April 29 highlights many of the remaining challenges for LGBTI migrants and asylum seekers.

According to UNHCR, targeting people based on real or perceived sexual orientation and gender identity for persecution, discrimination, and harassment can stem from the belief that they are encouraging unwanted or unnatural social change.

LGBTI people leave home for the same reasons as everyone else: to flee war, persecution, and oppression; to seek stability, education, employment, and freedom.

In situations of upheaval or conflict, sexual and gender minorities have become targets for scapegoating or “moral cleansing” campaigns, compounding the inherent vulnerability created by unrest, activists say.

LGBTI persecution
LGBTI people experience torture, violence, discrimination, and persecution in countries around the world, sometimes deliberately carried out by the state and often conducted with impunity.

Homosexual acts are punishable with the death penalty in five countries (Iran, Mauritania, Saudi Arabia, Sudan and Yemen), as well as some parts of Nigeria and Somalia, the International Lesbian and Gay Association, the oldest and only membership-based LGBTI organisation in the world, reported in 2012.

According to research by Human Rights Watch, gay Iranians are fleeing, frequently to Turkey, due to the state-sponsored persecution they face at home, while thousands of LGBTI people have sought international protection in Europe in recent years on the basis of their sexual orientation and gender identity.

And while few countries keep LGBTI-specific data, Norway and Belgium, which both track asylum decisions based on sexual orientation and gender identity, have shown a steady uptick in recent years.

From 2008-2010, LGBTI asylum decisions in Belgium increased from 226-522.

During the same period in Norway they increased from 3-26.

But information about abuses against LGBTI people – called “Country of Origin Information” (COI) in the asylum process – can be scant in hostile countries, argued Christian Pangilinan, a Tanzania-based refugee lawyer cited in the Forced Migration Review (FMR).

For transgender people, COI can mislead agencies, such as in Iran where authorities “allow transsexual surgery as a forced method of preventing homosexuality rather than supporting trans identities,” according to a gender expert’s FMR chapter.

Crossing borders of geography and identity
The multiple document checks migrants might encounter can be particularly difficult for transgender or gender-variant people.

While international standards for travel documents officially recognise three genders – marked M, F, or X – only a handful of countries have incorporated the third category, meaning that high-security travel environments, such as airports or emergency residential camps, can threaten humiliation or exclusion to people whose gender identity or expression is different from what is indicated by their documents.

Sexuality and gender are nuanced personal matters.

According to research by psychologists, some individuals may have had limited experience expressing or experiencing his or her deeply-felt sexual orientation or gender identity, and may outwardly appear very different than how he or she feels – to the extent of even being in a heterosexual relationship.

With the asylum process taking increasingly extended periods of time, some may start the migration or asylum process with one identity, and change over time, complicating the matter both personally and administratively and exposing the individual to further discrimination or ill-treatment.

UNHCR’s guidelines for claims to refugee status based on sexual orientation and gender identity take the progressive step of acknowledging that “sexual orientation and gender identity are broad concepts which create space for self-identification” which may “continue to evolve across a person’s lifetime”.

Nonetheless, according to UN Office of Drugs and Crime guidelines, discriminatory attitudes regarding sexual orientation and gender identity can mean the credibility of LGBTI people is dismissed by authorities.

“That no one should be compelled to hide, change or renounce his or her identity in order to avoid persecution is a central tenet of refugee law, and this applies to sexual orientation and gender identity on equal footing with other claims,” UNHCR’s Türk told IRIN.

“There is no space for decision-makers determining refugee status to expect them to conceal who they are.”

Safety and security 
“There is harassment in the camp against us, sometimes beatings,” said Yoman Rai, a 19-year-old Bhutanese refugee living in a camp in Nepal.

“We have a protection unit and complaint mechanism, but we are still facing problems,” he said, adding that just last month a transgender woman was beaten by other people in the camp.

Security in refugee camps is complicated and contingent on numerous, unpredictable factors.

For members of the LGBTI community, vulnerabilities are exacerbated.

Sexual abuse is common, but often goes unreported because the right questions are not being asked, and because survivors of sexual violence are reluctant to report events that will “out” them to legal authorities.

Life can be particularly difficult in a refugee camp (David Swanson, IRIN)

Life can be particularly difficult in a refugee camp Explained Rai: “Many Bhutanese are not `out’ to anyone except for the outreach workers because they still believe being LGBTI will put them in danger and negatively affect their resettlement process,” adding that the outreach educators’ network was operated by a Nepalese LGBTI rights NGO.

Emergency shelter settings – such as relief camps or refugee housing – pose specific challenges for transgender people.

Access to male-female gender-segregated facilities, such as dormitories or bathrooms, can be perilous.

New research is exploring how immigration detention centres can respect and protect LGBTI residents, a US-based prisons expert explained in FMR.

For LGBTI migrants who end up in urban areas, research has shown that cities can be unwelcoming and unfamiliar and access to basic social services limited by scant local resources, exclusion of foreigners, or limitations to access including finances, language, and cultural barriers.

“The single most threatening factor for these migrants is isolation,” said Neil Grungras, executive director of the Organisation for Refugee Asylum and Migration (ORAM), a leading advocacy group for refugees fleeing persecution due to sexual orientation or gender identity.

With UNHCR data showing the average major refugee situation lasting 17 years, these circumstances can impinge on a significant portion of an individual’s life.

Migrant populations are generally more at-risk for HIV due to disruption and displacement, and according to UNAIDS are often overlooked in host-country HIV policies.

“It is critical that refugee organisations identify what the best ways of offering protection are, such as providing access to safe shelter, requesting expedited resettlement, and, if possible, working with the police and refugee communities to address specific threats of violence,” said Duncan Breen, a senior associate in the refugee protection programme at Human Rights First.

Evolving frameworks 
Recent UN reports and statements demonstrate increased international attention to the human rights of LGBTI people.

On the programme level, agencies have begun to adjust to include considerations of sexual orientation and gender identity.

For example, the International Organisation for Migration (IOM) is implementing a “safe space” project for refugees at its four US Refugee Admissions Program Resettlement Support Centers.

Jennifer Rumbach, IOM resettlement support centre manager for South Asia, told IRIN the programme is designed to help LGBTI refugees at “every step along the way – whether during counselling, interviews, orientations, travel, or post-arrival … “Disclosing sexual orientation and gender identity overseas works to the refugees’ benefit because it ensures we can provide appropriate and respectful services, ask questions that are critical to their resettlement experience, and try to get them any special help they need while they wait to be resettled,” she explained.

But ORAM’s Grungras warned: “We have to be extra careful to talk with refugees and migrants on their own terms – to understand them as they understand themselves, and not label them as “LGBTI” just because it fits our programmes.

” In spite of challenges such as a dearth of respectful terms used in some languages referring to sexual and gender minorities, IOM’s programmes also attempt to engage with local terminology.

“While it’s important for staff to understand sexual orientation and gender identity terms used by the international community, we make special efforts to use relevant and respectful local terminology in our signs, handouts and interview and counselling scripts,” said Rumbach.

Supporting and protecting LGBTI people as they migrate requires nuance, sensitivity, and an appreciation of evolving identities, legal frameworks, and programmatic potential. – IRIN

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America’s first climate refugees

Newtok, Alaska is losing ground to the sea at a dangerous rate and for its residents, exile is inevitable.
By Suzanne Goldenberg in Newtok, Alaska
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What is a climate refugee?

The immediate image that comes to mind of “climate refugees” is people of small tropical islands in the Pacific or of a low-lying delta like in Bangladesh, where inhabitants have been forced out of their homes by sea-level rise.

The broader phenomenon is usually taken to be people displaced from their homes by the impact of a changing climate – although the strict definition of a refugee in international law is more narrow including people displaced by war, violence or persecution, but not environmental changes.

With climate change occurring rapidly in the far north, where temperatures are warming faster than the global average, the typical picture of the climate refugee is set to become more diverse. Sea ice is in retreat, the permafrost is melting, bringing the effects of climate change in real time to residents of the remote villages of Alaska.

These villages, whose residents are nearly all native Alaskans, are already experiencing the flooding and erosion that are the signature effects of climate change in Alaska. The residents of a number of villages – including Newtok – are now actively working to leave their homes and the lands they have occupied for centuries and move to safer locations.

Unlike those in New Orleans forced to leave their homes because of hurricane Katrina, their exile is not set in motion by a single cataclysmic event. Climate change in Alaska is a slow-moving disaster. But its effects are already very real for the native Alaskans who will be America’s first climate refugees.

Sabrina Warner keeps having the same nightmare: a huge wave rearing up out of the water and crashing over her home, forcing her to swim for her life with her toddler son.

“I dream about the water coming in,” she said. The landscape in winter on the Bering Sea coast seems peaceful, the tidal wave of Warner’s nightmare trapped by snow and several feet of ice. But the calm is deceptive. Spring break-up will soon restore the Ninglick River to its full violent force.

In the dream, Warner climbs on to the roof of her small house. As the waters rise, she swims for higher ground: the village school which sits on 20-foot pilings.

Even that isn’t high enough. By the time Warner wakes, she is clinging to the roof of the school, desperate to be saved.

Warner’s vision is not far removed from a reality written by climate change. The people of Newtok, on the west coast of Alaska and about 400 miles south of the Bering Strait that separates the state from Russia, are living a slow-motion disaster that will end, very possibly within the next five years, with the entire village being washed away.

The Ninglick River coils around Newtok on three sides before emptying into the Bering Sea. It has steadily been eating away at the land, carrying off 100ft or more some years, in a process moving at unusual speed because of climate change. Eventually all of the villagers will have to leave, becoming America’s first climate change refugees.

It is not a label or a future embraced by people living in Newtok. Yup’ik Eskimo have been fishing and hunting by the shores of the Bering Sea for centuries and the villagers reject the notion they will now be forced to run in chaos from ancestral lands.

But exile is undeniable. A report by the US Army Corps of Engineers predicted that the highest point in the village – the school of Warner’s nightmare – could be underwater by 2017. There was no possible way to protect the village in place, the report concluded.

If Newtok can not move its people to the new site in time, the village will disappear. A community of 350 people, nearly all related to some degree and all intimately connected to the land, will cease to exist, its inhabitants scattered to the villages and towns of western Alaska, Anchorage and beyond.

It’s a choice confronting more than 180 native communities in Alaska, which are flooding and losing land because of the ice melt that is part of the changing climate.

The Arctic Council, the group of countries that governs the polar regions, are gathering in Sweden today. But climate change refugees are not high on their agenda, and Obama administration officials told reporters on Friday there would be no additional money to help communities in the firing line.

On the other side of the continent, the cities and towns of the east coast are waking up to their own version of Warner’s nightmare: the storm surges demonstrated by hurricane Sandy. About half of America’s population lives within 50 miles of a coastline. Those numbers are projected to grow even more in the coming decades.

What chance do any of those communities, in Alaska or on the Atlantic coast, have of a fair and secure future under climate change, if a tiny community like Newtok – just 63 houses in all – cannot be assured of survival?

But as the villagers of Newtok are discovering, recognising the gravity of the threat posed by climate change and responding in time are two very different matters.

Remote location

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Newtok lies 480 miles due west of Anchorage. The closest town of any size, the closest doctor, gas station, or paved road, is almost 100 miles away.

The only year-round link to the outside world is via a small propeller plane from the regional hub of Bethel.

The seven-seater plane flies over a landscape that seems pancake flat under the snow: bright white for land, slightly translucent swirls for frozen rivers. There are no trees.

The village as seen from the air is a cluster of almost identical small houses, plopped down at random on the snow. The airport is a patch of cement newly swept of snow, marked off for the pilot by a circle of orange traffic cones. The airport manager runs the luggage into the centre of the village on a yellow sledge attached to his snowmobile.

Like many if not most native Alaskan villages, Newtok owes its location to a distant bureaucrat. The Yup’iks, who had lived in these parts of Alaska for hundreds of years, had traditionally used the area around present-day Newtok as a seasonal stopping-off place, convenient for late summer berry picking.

Even then, their preferred encampment, when they passed through the area, was a cluster of sod houses called Kayalavik, some miles further up river. But over the years, the authorities began pushing native Alaskans to settle in fixed locations and to send their children to school.

It was difficult for supply barges to manoeuvre as far up river as Kayalavik. After 1959, when Alaska became a state, the new authorities ordered villagers to move to a more convenient docking point.

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It takes two hours from Anchorage to fly to Bethel and another 90 minutes in a smaller plane that stops in villages on the way, to reach Newtok.Photograph: Richard Sprenger

That became Newtok. Current state officials admit the location – on low-lying mud flats between the river and the Bering Sea – was far from perfect. It certainly wasn’t chosen with a view to future threats such as climate change.

“The places are often where they are because it was easy to unload the building materials and build the school and the post office there,” said Larry Hartig, who heads the state’s Commission on Environmental Conservation. “But they weren’t the ideal place to be in terms of long-term stability and it’s now creating a lot of problems that are exacerbated by melting permafrost and less of the seasonal sea ice that would form barriers between the winter storms and uplands.”

It became clear by the 1990s that Newtok – like dozens of other remote communities in Alaska – was losing land at a dangerous rate. Almost all native Alaskan villages are located along rivers and sea coasts, and almost all are facing similar peril.

186
Alaskan villages are at risk because of climate change
$130
million could be the full cost of moving just the one village, Newtok
Source: US GAO

federal government report found more than 180 other native Alaskan villages – or 86% of all native communities – were at risk because of climate change. In the case of Newtok, those effects were potentially life threatening.

study by the US Army Corps of Engineers on the effects of climate change on native Alaskan villages, the one that predicted the school would be underwater by 2017, found no remedies for the loss of land in Newtok.

The land was too fragile and low-lying to support sea walls or other structures that could keep the water out, the report said, adding that if the village did not move, the land would eventually be overrun with water. People could die.

It was a staggering verdict for Newtok. Some of the village elders remember the upheaval of that earlier move. The villagers were adamant that they take charge of the move this time and remain an intact community – not scatter to other towns.

And so after years of poring over reports, the entire community voted to relocate to higher ground across the river. The decision was endorsed by the state authorities. In December 2007, the village held the first public meeting to plan the move.

The proposed new site for Newtok, voted on by the villagers and approved by government planners, lies only nine miles away, atop a high ridge of dark volcanic rock across the river on Nelson Island. On a good day in winter, it’s a half-hour bone-shaking journey across the frozen Ninglick river by snowmobile.

But the cost of the move could run as high as $130m, according to government estimates. For the villagers of Newtok, finding the cash, and finding their way through the government bureaucracy, is proving the challenge of their lives.

Five years on from that first public meeting, Newtok remains stuck where it was, the peeling tiles and the broken-down office furniture in the council office grown even shabbier, the dilapidated water treatment plant now shut down as a health hazard, an entire village tethered to a dangerous location by bureaucratic obstacles and lack of funds.

Village leaders hope that this coming summer, when conditions become warm enough for construction crews to get to work, could provide the big push Newtok needs by completing the first phase of basic infrastructure. And the effort needs a push. When the autumn storms blow in, the water rises fast.

Changing climate

Climate change remains a politically touchy subject in Alaska. The state owes its prosperity to the development of the vast Prudhoe Bay oil fields on the Arctic Coast.

Even in Newtok, there are some who believe climate change is caused by negative emotions, such as anger, hate and envy. But while some dispute the overwhelming scientific view that climate change is caused primarily by human activities, there is little argument in Alaska about its effects.

Life in the arctic climate

In Newtok, Alaska, almost half of the year the temperature is below freezing.

Today’s forecast – livSource: Forecast.ioWeather.com

The state has warmed twice as fast as the rest of the country over the past 60 years. Freeze-up occurs later, snow is wetter and heavier. Wildfires erupt on the tundra in the summer. Rivers rush out to the sea. Moose migrate north into caribou country. Grizzlies mate with polar bear as their ranges overlap.

Even people in their 20s, like Warner and her partner Nathan Tom, can track the changes in their own lifetimes. Tom said the seasons have changed. “The snow comes in a different timing now. The snow disappears way late. That is making the geese come at the wrong time. Now they are starting to lay their eggs when there is still snow and ice and we can’t go and pick them,” Tom said. “It’s changing a lot. It’s real, global warming, it’s real.”

On days when the clouds move in, and the only sound is the crunch of boots on snow and the distant buzzing of snowmobiles, it’s difficult to imagine a world beyond the village, let alone a threat.

But Warner has seen the river rip into land and carry off clumps of earth. “It’s scary thinking about summer coming,” she said. “I don’t know how much more is going to erode – hopefully not as much as last year.”

Warner was raised in Anchorage and Wasilla, mainly by her non-Yup’ik father. But she was introduced to Yup’ik food and Yupi’ik ways by her mother, and she has taken to village life since moving to Newtok in December 2011 to be with Tom.

Even in those short months, she said she can see the changes carved out on the land behind the family home. “When I first got here the land used to be way out there,” she said, pointing towards the west. “Now that doesn’t exist any more. There is no land there any more.”

The river claims more of the village every year. Warmer temperatures are thawing the permafrost on which Newtok is built, and the land surface is no longer stable. The sea ice that protected the village from winter storms is thinning and receding, exposing Newtok to winter storms with 100mph winds and the waves of Warner’s nightmare.

When the wind blows from the east or south, the land falls away even faster. The patch of land where Warner picked last summer to practice shooting was gone, on the other side of a sharp drop-off to the river. “The summer came, 15 or 20ft of land went just from melting, and then after we had those storms in September another 20ft went,” she said. In an average year the river swallows 83ft of land a year, according to a report by the Government Accountability Office. Some years of course it’s more.

Living on the edge

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Erosion is bringing the Ninglick River to Sabrina Warner and Nathan Tom’s doorstep

The reddish-brown house where Tom and Warner live with their son Tyson and elderly relatives is the closest in the village to the Ninglick.

Warner fears her house will soon be swallowed up by that hungry river. “Two more years, that’s what I’m guessing. About two more years until it’s right up to our house,” she said.

The house is now barely 200 paces away from the drop-off point. It’s become a sort of tourist stop for visitors to the village, and an educational aid for teachers at the local school. Last year, one of the teachers set out stakes to mark how fast the river was rising. At least one has already been washed away.

But it won’t be long before nobody in the village is safe. Other homes, once considered well back from the river, now regularly flood.

Over the years the river, in its attack on the land, engulfed a few small ponds – some fresh water, some used as raw sewage dumps – spewing human waste across the village. Last summer it almost carried off a few dumpsters filled with old fridges and computers. It swept away the barge landing, and infested the landfill.

Sometimes, though, the river gives up treasure: villagers walking newly exposed banks have discovered mammoth tusks and fossil remains.

During one storm last autumn, Warner stayed up until 4am, waiting to see if the waves would engulf the house. “I was scared because it looked so close because our window is right there. I was just looking out, and you can see these huge waves come at you,” she said.

It’s not easy living with that fear every day, she concedes. Anxious residents want to know that their future will be safe. They are exhausted by the years of uncertainty and fed up with a village left to decay, with leaders’ energy and every scrap of funding focussed on the relocation.

“Considering that our house is the closest, I would like it if they would at least let us know if we are going to have a house over there [at the new site]”, said Warner. Tom’s grandmother, who needs oxygen, lives with the couple. It would be tough to move her in the event of a disaster, although she claims she is not at all afraid.

The young couple go through times when they can’t deal with the talk of relocation. Tom bought a big tent some time ago and the couple have talked about camping out at the site chosen for the new village, just to get away – from the stress, from the drama of village politics – until things are settled.

But the relocation keeps being put off.

“A few years ago, they said next year. And then last year they said next year. And next year, they are probably going to say next year again,” said Tom. But he soon perks up. The village has sent local men, including Tom, for training as construction workers.

“It’s picking up,” he said. “I’m not afraid any more. The erosion is really fast. I know the state is going to deal with it pretty fast. They are not going to leave us hanging there.”

Mary Venerato Laki, South Sudan returnee: “We want to go to our own homeland”

Mary Venerato Laki

RENK-UPPER NILE STATE, 6 May 2013 (IRIN) 

Years ago, Mary Venerato Laki fled conflict in South Sudan, moving north to Sudan, where she worked as a teacher for 42 years. But after a January 2011 referendum paved the way for South Sudan’s independence, Mary, now a 60-year-old widow and sole guardian of four nieces, decided to move back home.

To prevent the family’s savings from being stolen by officials, she converted their money into material goods, which she transported as luggage to South Sudan’s border port of Renk.

That was over a year ago.

Since then, Laki has been living in a squalid transit camp in Renk County, along with 20,000 other returnees – some of whom have been waiting there for two years. Without the means to transport their luggage onward, they are faced with the difficult choice of remaining in Renk or selling off all that remains of their families’ assets to proceed to their final destination.

Laki, like many, has been waiting with her possessions in Renk. She told IRIN her story.

“I am 60 years old, and I come originally from Juba. We went [to Sudan during the] war. Then, [we learned] there is peace in the south, and we had to return home with our children.

“I have the children of my sister, as all of [my family] died. My two sisters, my husband, my brother and my parents are all dead. I am left alone.

“[With] the little money we had, we had to rent the big vehicles that brought us here. I arrived on April 2, 2012.

“It’s a terrible life here – there are so many snakes coming from the river. It’s terrible. First of all, rain, wind, mosquitoes – we have been suffering with this.

“And since we came here, we have not been given any food. Some of us have been given that, and some of us not.

“There are no services. Since I came here, it’s only [in the] last month I got grain and some oil. There is even no plastic sheeting for the houses.

“We are going – we want to go. We want to go to our own homeland. Our children are suffering there, and we are suffering here.

“They said there will be steamers coming to collect us. They used to tell us. that we will be going, we will be going. But until now we are waiting.

“Our money in the north, they don’t use it in the south. [For] many of the people, [with] the little money they have, they bought things. If they bring money, it will be taken on the way. This is why the boat [transport barges along the Nile River] has to come to take the things.

“As a family, how can I go to start [a new life] there in Juba? I am an old woman; I’m now 60 years [old]. There’s no money. I’m taking this [luggage] for the children. Also, in Juba, if there is nothing, I will sell [our possessions].

“In fact, we have to sell [some now], but [we will earn] little money, and we have to buy food with it. I have already sold some chairs and a bed.

“The clinics here are no good. I have cancer and some back problems, and they cannot help me.”

Available at IRIN

UK targets Kenya as host for immigrants

PHOTO | FILE This photo taken on July 31, 2011, shows Somali refugees walking in the new Ifo-extension at the Dadaab refugee camp in Kenya, the largest refugee camp in the world.

By PETER LEFTIE pmutibo@ke.nationmedia.com

PHOTO | FILE This photo taken on July 31, 2011, shows Somali refugees walking in the new Ifo-extension at the Dadaab refugee camp in Kenya, the largest refugee camp in the world. Kenya has been identified as one of the countries that will host people seeking asylum in Britain as their applications are processed.  AFP

Kenya has been identified as one of the countries that will host people seeking asylum in Britain as their applications are processed.

Reports in the Business Daily and the UK’s Guardian said a group of British MPs forwarded the proposal to Prime Minister David Cameron’s government asking that it pays Kenya and other countries to host immigrants in “processing camps.”

The proposal, contained in a report by the Conservative Way Forward group and authored by Tory MP Julian Brazier, says the influx of immigrants is putting a strain on infrastructure.

“We must consider making treaties with democratic Third World countries with plenty of space (few are as crowded as the UK)… if we could secure a deal with Kenya, it would be worth our while to make a considerable payment per capita to them to provide a haven for Somali asylum seekers, sent from Britain to have their cases examined,” Mr Brazier is quoted saying.

Kenya, however, says it has not received any formal proposal from the UK to provide “safe houses”.

“We have not received any request from the UK. I have only read about the reports in the Press,” the Political and Diplomatic Secretary at the Foreign Affairs ministry, Mr Patrick Wamoto, said.

If approved, the proposal could see thousands of asylum seekers confined in leased houses in Kenya.

The move, the Conservative MPs argue, will help stem illegal immigrants.

Approve move

Most immigrants are housed in secure locations inside Britain.

Kenya hosts thousands of refugees, mainly from war-ravaged Somalia. It remains to be seen if the new government will approve the move. The country also hosts some 10,000 British soldiers in training.

Last month, Mr Cameron called for stringent measures to curb “easy” granting of citizenship to foreigners.

Caribbean and African Immigrants Getting Blocked In New US Immigration Reform Bill

Immigration Reform Bill photo

The new immigration reform bill only betters the plight of Mexican border jumpers

AFRICANGLOBE – Black lawmakers and civil rights groups are concerned by a proposal in the Senate’s immigration reform bill that would do away with “diversity” visas that are often a pathway for African and Caribbean immigrants to enter the United States.

Advocates said they haven’t seen evidence yet that a new merit-based program is an acceptable replacement for the diversity visas, which total 55,000 each year and are granted via a lottery.

Hilary Shelton, director of the NAACP Washington bureau, said he is telling lawmakers not to eliminate the diversity program when comprehensive immigration reform moves forward.

“At this point, we are urging lawmakers not to eliminate the diversity visa program,” Shelton told reporters. “This is one of the places in the bill that needs to be addressed. We will work with our friends in the Senate, and we have started working with our friends in the House as well.”

Rep. Hakeem Jeffries (D-N.Y.), co-chairman of the immigration task force for the Congressional Black Caucus (CBC), called the Senate bill “a significant step in the right direction” but said his caucus is worried about the plan to eliminate diversity visas.

“With respect to the abolishment of the diversity visa lottery program, the CBC is extremely concerned that it might limit the future flow of immigration for people from certain parts of the world,” Jeffries said. “That’s troublesome, and we’re evaluating the merit-based visa proposal to determine if it’s fair and balanced.”

The diversity program makes 55,000 visas available each year to countries with low immigration rates to the United States. Those awarded the visas are chosen by a lottery, with about half typically going to African immigrants.

Republican lawmakers have targeted the program in the past for elimination, arguing the program’s lottery system can lead to fraud and undermine national security.

The Senate bill proposes ending the diversity visas in 2015 and creating a new, merit-based visa program. It would make 120,000 visas available per year, rising to a maximum of 250,000, depending on the need for them and the unemployment rate. Immigrants would earn points toward visas based on their education, employment, family ties and other criteria.

“The jury is still out on whether the merit-based visas will be sufficient to address the concerns we have identified with diversity visas,” said Wade Henderson, president and CEO of the Leadership Conference on Civil and Human Rights. “We are concerned but we are still looking, and we are still making a decision.”

Some groups are furious with lawmakers for putting the diversity program on the chopping block.

“This is not a zero-sum game where we take from one to give to another. That is not how comprehensive immigration reform should work,” said Bertha Lewis, president of The Black Institute. “We are really, really angry about this diversity visa business.”

Jeffries said it was “too early to say” whether he would support the Senate bill without changes. The CBC is in talks with lawmakers negotiating a House immigration overhaul, he said.

“The situation is still very much in flux, and we won’t know until the end of the month what that bill might ultimately look like,” Jeffries said.

Rep. Steven Horsford (D-Nev.), another co-chairman of the CBC’s immigration task force, said the group met on Wednesday afternoon to discuss the diversity visa issue.

“We continue to be concerned about the discontinuation of the diversity waiver, and the fact that … African and Caribbean immigrants who are participating in the diversity visa [program] per year could lose that pathway,” Horsford said.

Horsford said CBC leaders have been in talks with immigration reform negotiators in both the House and the Senate. He suggested the merit-based replacement program was included in the Senate bill at the urging of the CBC.

“In large part, this alternative has been proposed because of our concerns with the diversity visa [discontinuation]. Meaning, we brought this issue up when we heard that it was being talked about [being] eliminated,” Horsford said. “And we said, ‘Look, without some meaningful alternative that ensures that all communities, including Caribbean and African immigrants, are protected, then, you know, we [the CBC] would have major concern.’”

Horsford said Rep. Yvette Clarke (D-N.Y.), another leader of the CBC’s immigration task force, has been in talks with Sen. Charles Schumer (D-N.Y.), a member of the Senate’s “Gang of Eight,” about diversity visas.

“And now that we have the language, and now that we can see the alternative specifically, we can, you know, begin to work on how it affects our communities,” Horsford said.

Horsford said he expected the House immigration reform bill would have similar language related to diversity visas and the merit-based replacement program.

Shelton of the NAACP said he was hoping for “a strengthening” of the diversity visa program in the immigration reform bill by increasing its numbers of visas and expediting their processing time.

“It has not been demonstrated yet that the merit-based visas that are being lifted up will solve the problems that diversity visas were intended to solve,” Shelton said. “There may be a need for an amendment to fix this problem in the future to help African and Caribbean immigrants.”

 

By: Kevin Bogardus and Russell Berman 

Steps to expand the visa pools are critical for the success of any comprehensive immigration reform bill.

 201341894558116734_8
Laura Enriquez is a doctoral candidate in sociology at the University California, Los Angeles, where she does research on the experiences of undocumented young adults. She is a dedicated scholar-activist in the US immigrant rights movement.

In recent months, comprehensive immigration reform has become central to the political debate. Elected officials are in the process of developing the specifics of a law which will update current immigration system and address the 11 million undocumented individuals living in the US. Polls show that nearly 60 percent of Americans support immigration reform and the creation of a pathway to citizenship. Yet, we still do not know what this new law will look like. I believe that four provisions are key to making it a success:

Help people ‘waiting in line’: Address the visa backlog and amend visa caps

At present, US immigration policies are structured to promote family reunification. However, these policies were developed not so much as a way to value and strengthen families, but as a nativist tool to increase immigration opportunities to European-origin individuals.

When comprehensive immigration laws were developed and enacted in the mid-1900s, they sought to promote immigration from Europe by prioritising family-based petitions with opened pathways for migration for family members of US citizens, most of whom, at the time, had origins and thus family members in Europe.

In addition, they restricted immigration from non-European countries by limiting the number of visas available in each country. While these visa caps have been increased in the past, they still exist to limit immigration.

While there is no limit to visas available for the spouses, minor children and parents of citizens, there are limits on the number of visas available to the married children, siblings and extended family members of citizens as all family is sponsored by legal permanent residents. These limits mean that the “lines” for visas are extraordinarily long.

As of November 2012, 4.4 million people had been petitioned for and approved for a visa but are waiting for the availability of a visa. If you are lucky enough to be in one of the higher preference categories – an unmarried child of a US citizen – the wait averages seven years. However, demand in high migration countries creates backlogs so the wait reaches 15 years if you are from the Philippines and 20 if you are from Mexico.

While these numbers are dismal, they are worse for individuals lower on the preference categories. In fact, the longest wait time surpasses almost two lifetimes – 163 years for a citizen to reunite with a sibling from Mexico.

These wait times mean that undocumented migration is one of the few options open for individuals who do not want to be separated from family members for a lifetime. Additionally, it means that undocumented immigrants, who were fortunate enough to have family members petition for their legalisation upon their arrival, are still waiting for the availability of visas.

In the past, immigration reform has included increases to the number of visas available in each country. Similar steps to expand the visa pools are critical for the success of any comprehensive immigration reform bill. Though current proposals aim to clear this backlog, there needs to be consideration of how future backlogs will be prevented. Proposals for a shift away from family reunification to skill-based assessments could potentially reproduce these family-based backlogs, or worse deny visas and permanently separate families.

201313092744761734_20

Help people who want to ‘get in line’: Eliminate the 10-year bar

While current immigration law provides pathways to legalisation for undocumented immigrants via the family reunification methods discussed above, many immigrants are dissuaded from even applying due to the complicated nature of this process.

Specifically, a 1996 immigration reform law enacted a 3- and 10-year bar process which requires individuals who entered “without inspection” (that is, without a visa) to return to their country of origin to obtain their visa. Once back, they face a 3-year bar to their return if their stay was less than one year and 10-year bar if their stay was longer.

While individuals can petition to lift this “bar” based on the undue hardship it will place on their citizen petitioners, it is a risky process with uncertain outcomes. As a result, many eligible undocumented immigrants choose not to apply for legalisation once they find out about the “bar”.

In recent months, comprehensive immigration reform has become central to the political debate. Elected officials are in the process of developing the specifics of a law which will update current immigration system and address the 11 million undocumented individuals living in the US. Polls show that nearly 60 percent of Americans support immigration reform and the creation of a pathway to citizenship. Yet, we still do not know what this new law will look like. I believe that four provisions are key to making it a success:

Help people ‘waiting in line’: Address the visa backlog and amend visa caps

At present, US immigration policies are structured to promote family reunification. However, these policies were developed not so much as a way to value and strengthen families, but as a nativist tool to increase immigration opportunities to European-origin individuals.

When comprehensive immigration laws were developed and enacted in the mid-1900s, they sought to promote immigration from Europe by prioritising family-based petitions with opened pathways for migration for family members of US citizens, most of whom, at the time, had origins and thus family members in Europe.

In addition, they restricted immigration from non-European countries by limiting the number of visas available in each country. While these visa caps have been increased in the past, they still exist to limit immigration.

While there is no limit to visas available for the spouses, minor children and parents of citizens, there are limits on the number of visas available to the married children, siblings and extended family members of citizens as all family is sponsored by legal permanent residents. These limits mean that the “lines” for visas are extraordinarily long.

As of November 2012, 4.4 million people had been petitioned for and approved for a visa but are waiting for the availability of a visa. If you are lucky enough to be in one of the higher preference categories – an unmarried child of a US citizen – the wait averages seven years. However, demand in high migration countries creates backlogs so the wait reaches 15 years if you are from the Philippines and 20 if you are from Mexico.

While these numbers are dismal, they are worse for individuals lower on the preference categories. In fact, the longest wait time surpasses almost two lifetimes – 163 years for a citizen to reunite with a sibling from Mexico.

These wait times mean that undocumented migration is one of the few options open for individuals who do not want to be separated from family members for a lifetime. Additionally, it means that undocumented immigrants, who were fortunate enough to have family members petition for their legalisation upon their arrival, are still waiting for the availability of visas.

In the past, immigration reform has included increases to the number of visas available in each country. Similar steps to expand the visa pools are critical for the success of any comprehensive immigration reform bill. Though current proposals aim to clear this backlog, there needs to be consideration of how future backlogs will be prevented. Proposals for a shift away from family reunification to skill-based assessments could potentially reproduce these family-based backlogs, or worse deny visas and permanently separate families.

Help people who want to ‘get in line’: Eliminate the 10-year bar

While current immigration law provides pathways to legalisation for undocumented immigrants via the family reunification methods discussed above, many immigrants are dissuaded from even applying due to the complicated nature of this process.

Specifically, a 1996 immigration reform law enacted a 3- and 10-year bar process which requires individuals who entered “without inspection” (that is, without a visa) to return to their country of origin to obtain their visa. Once back, they face a 3-year bar to their return if their stay was less than one year and 10-year bar if their stay was longer.

While individuals can petition to lift this “bar” based on the undue hardship it will place on their citizen petitioners, it is a risky process with uncertain outcomes. As a result, many eligible undocumented immigrants choose not to apply for legalisation once they find out about the “bar”.

Those individuals who choose to apply and risk being barred from the US have to return to their country of origin to file petitions with their consular office. In the Mexican case, this happens in Ciudad Juarez, a border city plagued by violence and death. Petitioners can wait for months to years for appointments and processing and often are separated from family members during this time.

Interviewing recently legalised young adults who had to travel to Mexico revealed that these stays often had significant emotional consequences. One man spoke about how he had to watch his son learn to talk via Skype. Another spoke of the post-traumatic stress he developed after spending a night hiding in his hotel room bathtub while there was a shoot-out outside.

On the other hand, individuals who are allowed to complete the legalisation process in the US, report fairly positive experiences with the immigration system. This suggests that the proposed immigration reform law should make provisions to eliminate this provision. Dropping the 3- and 10-year bars would allow, and in fact encourage, eligible individuals to legalise their status in a safe and streamlined manner. This would help to reduce the undocumented population by encouraging them to apply through some avenues that are already open.

Help people who want to legalise: Increase acdeptable Documents

The Immigration Reform and Control Act of 1986, or IRCA, was the most recent immigration law to create a pathway to legalisation. While it legalised approximately 1.6 million undocumented immigrants, some eligible individuals were unable to apply due to a lack of acceptable documents to prove their work status and length of time in the US.

This was a lot harder for undocumented women to do, as they tended to work in private homes as housekeepers and nannies – where their employers did not want to confirm their employment – and did not have bills or accounts in their names, because it was their husbands’ responsibility.

This historical fact suggests that finding documentation of an undocumented life is hard. Many undocumented individuals strive to leave no mark of their existence for fear of deportation. In addition, many have their accounts and/or bills set up under citizen family member or friend because having a social security number makes it easier to open these accounts.

Imagine if you spent most of your life paying in cash and had few, if any accounts, in your name. How would you prove that you have been somewhere? This is a consideration that needs to be addressed as the specifics of a legalisation pathway are developed.

A glimpse into how this can be successfully implemented can be taken from the Deferred Action for Childhood Arrivals programme which provides a 2-year deferral of deportation and access to a work permit for undocumented youth who entered before the age of 16 and are under the age of 31.

To prove their length of residence in the US, these young adults have been using a variety of documents – Facebook check-ins, gym records and receipts. Immigration officials have been open to these various types of non-traditional documents which have made it easier for many eligible individuals to apply.

The successful deployment of this Deferred Action programme suggests that future programmes should replicate its process. The proposed law should include such provisions to improve the current system

Help people become full members of society: Create a shorter path to citizenship

The current proposed immigration reform bill suggests that there will be a 13-year pathway to citizenship – a 10-year provisional residency followed by a 3-year permanent residency at which point they can apply for citizenship.

However, my discussions with undocumented young adults has made it clear that years of feeling socially rejected only makes them feel like they do not belong. Many feel that it becomes increasingly unlikely that these negative feelings will go away as they wait longer to legalise their status.

Longer wait times only serve to make sure that the people we intend to admit in the future will be less likely to act like full members of a society when we finally do admit them. While legalisation will help undocumented immigrants’ transition out of what some refer to as second-class citizenship, lengthened wait times will only strengthen their feelings that they are second-class citizens who do not belong in the US. This not only hurts immigrants, but it hurts US society as a whole.

Laura Enriquez is a doctoral candidate in sociology at the University California, Los Angeles, where she does research on the experiences of undocumented young adults. She is a dedicated scholar-activist in the US immigrant rights movement and is a contributor to the Huffington Post Latino Voices DREAMers Blog Series.

Palestinian Refugees in Jordan and the Revocation of Citizenship

Palestinian Refugees in Jordan and the Revocation of Citizenship: An Interview with Anis F. Kassim

Jan 28 2013
by Hazem Jamjoum

[Palestinian Refugees, 1948. Public Domain. From Wikimedia Commons.]
[Anis F. Kassim is an international law expert and practicing lawyer in Jordan. He was a member of the Palestinian legal defense team before the International Court of Justice (ICJ) in the 2004 landmark case on Israel’s separation wall, and that led to the ICJ’s Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory. The following interview was originally published by BADIL Resource Center for Palestinian Residency and Refugee Rights in their quarterly magazine al-Majdal.]

Hazem Jamjoum: What legal status was afforded Palestinians who came under Jordanian control after the 1948 Nakba?

Anis Kassim: On 19 May 1948, the Jordanian army entered the area of central Palestine that the Zionist forces were unable to occupy, and began the process of legally incorporating central Palestine into the Jordanian Kingdom. As part of this process, on 20 December 1949, the Jordanian Council of Ministries amended the 1928 Citizenship Law such that all Palestinians who took refuge in Jordan, or who remained in the western areas controlled by Jordan at the time of the law’s entry into force, became full Jordanian citizens for all legal purposes. The law did not discriminate between Palestinian refugees displaced from the areas that Israel occupied in 1948 and those of the area that the Jordanian authorities renamed the “West Bank” in 1950.

On one hand, this citizenship was forced upon the Palestinians who did not really have much of a say in the matter. On the other, this was a welcome move because it saved those Palestinians the hardship of living without citizenship.

HJ: How was the process for the revocation of citizenship complex?

AK: First of all, I should note that the law itself has not been officially amended, so what I am about to describe is still what is officially in effect today. First of all, the Jordanian Constitution, adopted in 1952, states that citizenship is a matter to be regulated by a law, and the Jordanian Citizenship Law was indeed adopted in 1954, replacing that of 1928 and its amendment. According to this law, it is possible to revoke the citizenship of a Jordanian citizen who is in the civil service of a foreign authority or government. The citizen must be notified by the Jordanian government to leave that service and, if the citizen does not comply, the Council of Ministries is the body with the authority that is able to decide to revoke his citizenship. Even if the Council does decide to revoke the citizenship, this decision must then be ratified by the King, and even then, the citizen whose citizenship was revoked has the right to challenge the Council of Ministries’ decision in the Jordanian High Court, and it is this court’s decision that is binding and final. These procedures are being completely ignored when the citizenship of a Jordanian of Palestinian origin is revoked.

HJ: Did the status of Palestinians in Jordan change after the 1967 War with the Israeli occupation of the West Bank?

AK: No. their status remained as Jordanian citizens.

HJ: When did the differentiation between Palestinian citizens of Jordan begin?

AK: Today we can speak of five kinds of Palestinian citizens of Jordan. The first differentiation came in the early 1980s, when the Jordanian government was concerned that Israeli policies and practices aimed to squeeze out the Palestinian inhabitants of the occupied West Bank; to empty out the Palestinian territories to replace them with Jewish settlers. The Jordanian government then created the first real differentiation between its Palestinian citizens by issuing differentiated cards.

Those who lived habitually in the West Bank were issued green cards, while those who habitually lived in Jordan but had material and/or family connections in the West Bank were issued yellow cards. The sole purpose of these cards at the time was so that the Jordanian authorities at the King Hussein (Allenby) Bridge—the only crossing point between Jordan and the occupied West Bank—could monitor the movement of these card holders, enabling the Jordanian authorities to know how many Palestinian West Bankers had crossed into Jordan, and to ensure that they returned, essentially a kind of statistical device. Indeed, this was a wise policy in terms of countering the Zionist plans to continue the ethnic cleansing of Palestine.
The major turning point came with the Jordanian disengagement (fak al-irtibat) from the West Bank on 31 July 1988.

HJ: What was the disengagement?

AK: Since 1948, when central Palestine came under Jordanian control, the Jordanian government has claimed the West Bank as part of the kingdom. By 1988, the Palestine Liberation Organization (PLO) had come to be recognized on an Arab and, to some extent, international level as the sole legitimate representative of the Palestinian people, but the Israelis and Americans were still refusing to recognize the PLO, let alone to officially communicate with it. Jordan’s King Hussein shrewdly took the decision to disengage from the West Bank as a message to the United States and Israel that if they were going to negotiate with anyone over the fate of Palestinians in the West Bank, it should be with the PLO. In the famous speech he delivered on 31 July 1988 [1] in which he declared the disengagement—and we have to remember that this was during the most intense period of the first Intifada— King Hussein stated that the purpose of the disengagement was to support the Palestinians’ struggle for self determination by relinquishing his claim to that territory.

HJ: How was the disengagement a “turning point” for Palestinians’ status as Jordanian citizens?

AK: When the disengagement was declared, the color of the cards (yellow and green), that had been used as a statistical device, became the criteria for determining the citizenship status of a citizen. The government issued instructions to the effect that those who habitually lived in the West Bank, that is green card holders, on 31 July 1988 were “Palestinian citizens,” while those who were living in Jordan or abroad were Jordanian. Put another way, over one-and-a-half million Palestinians went to bed on 31 July 1988 as Jordanian citizens, and woke up on 1 August 1988 as stateless persons.

HJ: You previously mentioned that we can speak of five kinds of Palestinian citizens of Jordan. What are the different kinds of status among Palestinians citizen of Jordan currently?

AK: The first category we can call hyphenated Palestinian-Jordanians. These are Palestinians who were in Jordan on the date of the disengagement with no material connection to the West Bank or Gaza Strip, or who were Jordanian citizenship holders abroad. These are regarded as Jordanians for all legal purposes.

The Palestinians in the second category are the green card holders whose citizenship was revoked by the government orders that I described earlier.

The Palestinians in the third category are the yellow card holders, who kept their citizenship after the disengagement, but many of whom have more recently faced the revocation of their Jordanian citizenship rights.

The fourth category is that of blue card holders. These are 1967 Palestinians refugees from the occupied Gaza Strip who are in Jordan and who were never given citizenship rights. They are in a very miserable position because, since they are not Jordanian, they cannot enjoy any of the benefits of citizenship in this country: they cannot access public schools or health services, they cannot get driving licenses, they cannot open bank accounts, or purchase land. They are mostly concentrated in the refugee camps in the Jerash area, specifically the one called “Gaza Refugee Camp,” which is generally known as the worst of the refugee camps in Jordan in terms of living conditions. To build a tiny house in the camp, they need to get several permits from several government departments. While they receive some modest support from UNRWA, any support that comes from the rest of the society has to be approved by Jordanian security authorities.

The fifth, and newest, of the categories is that of Jerusalem residents. These have always been a special case: the Israelis consider them permanent residents of Israel without any citizenship rights, while for Jordan they are citizens whose status was not affected by the disengagement. The problem now is that the Israelis, as part of their ongoing ethnic cleansing project, are revoking the residency rights of Palestinians in Jerusalem who cannot prove that their “center of life” is in that city, to use the terms of the Israeli High Court. The Jordanian government has yet to officially take a position on the Jordanian citizenship rights of these Jerusalemite Palestinian citizens of Jordan whose residency in Jerusalem has been revoked by Israel. This is now another emerging problem.

HJ: You mentioned that yellow card holders have been facing the revocation of their Jordanian citizenship in recent years. Can you expand on this?

AK: The main institution that handles this issue is the Follow-up and Inspection Department (al-mutaba’a wa al-taftish) of the Jordanian Ministry of Interior. To understand what’s happening you need to understand that the way Jordanian citizenship works since 1992 is that every citizen must have a “national number” (raqam watani). Anyone who does not have this number is not a citizen.

In recent years, the Follow-up and Inspection Department has been expanding on the scope of its authority in interpreting the 1988 government regulations dealing with the revocation of Palestinians’ Jordanian citizenship. We need to keep in mind also that these regulations were never made public, and that in fact no policy, let alone law, dealing with the revocation of Palestinians’ citizenship in Jordan has ever officially been made public. Originally, as I described, 31 July 1988 was treated as a cut-off date, if you were a green card holder in the West Bank, your citizenship was revoked, and otherwise you remained a citizen. The Department has since expanded to the revocation of citizenship from others under other pretexts.

For instance, many Palestinian citizens of Jordan were able to acquire Israeli-issued West Bank residency permits through such procedures as family reunification since 1967. Of course, part of Israel’s ethnic cleansing policies manifested as revocation of West Bank residency permits over the years under various pretexts. For example, at one point West Bank residency permit holders who were away from the West Bank for more than three years had their residency revoked by the Israelis. The Follow-up and Inspection Department of the Jordanian Interior Ministry has revoked national numbers (i.e. citizenship) from many Palestinians who had their West Bank residency permits revoked by the Israelis under the pretext that these people should have kept these residency permits, and that the Palestinian should go and get the Israelis to reissue them their West Bank residency permits.

Another example is that of PLO or Palestinian Authority (PA) employees. Even though a Jordanian citizen can work for any other government, many Palestinian citizens of Jordan who have taken jobs in PA institutions have been stripped of their national numbers. A more recent example is that of the Jordanian parliamentary elections [November 2010]. Many of the Palestinians who went to register as voters were sent to the Follow-up and Inspection Department, where they had their national numbers revoked.

Ultimately, however, it is difficult to discern a particular logic to the post-1988 revocations. In some cases, one person or group within the family has their citizenship revoked, while others in the same family remain citizens. With regards to employment in the PLO or PA, there are PA parliamentarians and ministers with Jordanian national numbers, while some Palestinian citizens of Jordan, for example, have had their citizenship revoked for working for a PA-owned company or civil institution. We can only say that so far it seems very arbitrary. I should also add that this wave of citizenship revocation means that yellow card holders live with the perpetual fear of any interaction with the government bureaucracy, since this could result in being sent to the Follow-up and Inspection Department and having their citizenship revoked.

HJ: Is there a way to know how many Palestinians have had their Jordanian citizenship revoked since 1988?

AK: No, these numbers are kept secret by the Jordanian Ministry of Interior and are not made public. There are various estimates, but these numbers vary. The most well-known of these is that of the Human Rights Watch report that stated that over 2700 Palestinians citizens of Jordan had their citizenship revoked between 2004 and 2008, but this number is based on a journalistic article in a Jordanian newspaper, and so, in addition to not giving information on the years before or after the period, are not to be taken as authoritative.

HJ: What is the effect of the revocation of citizenship on the people involved?

AK: They become like the blue-card holders from the Gaza Strip that I talked about before without the ability to access any government services, open bank accounts, etc. It should be mentioned though that there is a potentially very dangerous situation for Jordan; if this trend continues it will become a “ghetto state.” When you forfeit a Jordanian’s citizenship and keep him in Jordan because you don’t have the power to send him to Palestine—because the Israelis of course refuse—you will end up with over a million stateless Palestinians within your borders, and who have nowhere to go.

HJ: Earlier you described the Jordanian law of citizenship and the various levels of government and judiciary through which the revocation of citizenship must pass to become final. Can Palestinians who have had their Jordanian citizenship revoked make use of what you described as an advanced citizenship law to challenge the Follow-up and Inspection Department’s actions?

AK: As I described above, there is no question that the revocations of citizenship that the Jordanian authorities have carried out since 1988 contradict the written law and indeed the constitution. Under the law, the revocation of citizenship must follow the procedures I spoke about earlier, and are not the subject to such things as the color of your card or regulations. As it stands, however, a junior officer of the Follow-up and Inspection Department can decide the fate of a citizen’s citizenship rights. It is now a more simple matter to revoke a yellow card-carrying citizen from his citizenship than it is to revoke their driving license! With the revocation of a driving license, the citizen has the right to challenge the revocation in a court. The Inspection and Follow-up Department is indeed the only government department that is not subject to judicial review.

The government justifies this by stating that the revocation of citizenship by this Department is an “act of state.” There is one judge, Justice Farouq Kilani, who was president of the Jordanian High Court of Justice who did challenge the government’s position, and stated that citizenship is a matter regulated by law and not regulations, and that therefore the actions of the Department are null and void. As a result of his ruling—this was in 1998—the Minister of Justice demanded his resignation, and Kilani resigned. He subsequently gave two public lectures on the topic, and wrote a book called Independence of the Judiciary, an excellent treatise in which he describes in detail both his landmark ruling and his encounter with the Justice Minister. His ruling was very correct, constitutionally sound and legally unchallenged. The Jordanian judiciary has a long tradition of reviewing administrative decisions, including decisions involving citizenship. As it stands now, the situation in Jordan is very suffocating on this issue of citizenship revocation because there is no right to appeal since the government treats these decisions as “acts of state,” and it is practically impossible to take these issues to an international court.

It is also important to mention that there is no refugee law in Jordan. As such, once the citizenship is revoked, the Palestinian refugee is left with no political, civil, or economic rights.

HJ: Besides the position that citizenship revocation is an “act of state,” how does the Jordanian government justify stripping its Palestinian citizens of their citizenship rights and rendering them stateless?

AK: There have been several justifications or excuses given. Jordanian officials maintain, for example, that the revocations are designed to force Palestinians to stay in Palestine, to stop the Zionist leadership from implementing its ethnic cleansing project. This argument is usually framed within the paradigm of the “alternative homeland” project, the Israeli right-wing’s position that Palestinians have a homeland, and this homeland is Jordan. We do not debate the importance of these goals, and of full-fledged rejection of the “alternative homeland” project on all fronts. Mixing this in with the issue of Palestinian citizenship rights in Jordan is like mixing apples and pears. The “alternative homeland” is a national issue, and thus should not be treated solely at the Jordanian level, but through Jordanian-Palestinian-Arab coordination as an Arab summit item. Such a political issue should not and cannot be mixed with a human rights issue such as the rights of Palestinian citizens of Jordan. Moreover, the people who are fighting the “alternative homeland” project are the Palestinians themselves who have fought it with their own bodies in these decades of spilled Palestinian blood. Actually, if Jordanian officials are sincere about their political position, they should take more credible action against the Israelis to force them to leave the Palestinians in peace and to allow the refugees to return, as is their internationally recognized right.

Furthermore, as a sovereign state, the Jordanian government could have taken steps during the negotiation of the Wadi Araba Israeli-Jordanian peace settlement to insist on such things as allowing Jordanian citizens to maintain their West Bank residency permits, and to restore those that had been stripped. As it stands now, the Jordanian government does not have the power to push for such a residency permit to be issued to an individual, and so by stripping them of their Jordanian citizenship, these individuals are left stranded with nowhere to go. But also as it stands, the Jordanian government can stop security coordination with Israel, and can stop the marketing of Israeli products in Jordan. Lately, the Jordanian Ministry of Industry has allowed the entry of 2500 types of Israeli products into the Jordanian market.

Another justification that Jordanian officials forward is that they are not revoking citizenship, rather they are “correcting the situation” of certain individuals who were wrongly classified, that all they are doing is simply dropping the national number. “Correcting the situation” is the new catch-phrase you see. They say this to avoid contradiction of the Follow-up and Inspection Department’s actions with the law and constitution, but the fact remains that simply dropping the national number is in effect the total revocation of citizenship.

HJ: Do you see any way that this situation can be reversed?

AK: The January 2010 report of Human Rights Watch [2] about the citizenship revocation raised some awareness both locally, on an Arab level as well as internationally, but this was short-lived and has not alleviated the situation. This issue requires an international campaign of human rights organizations because there is no venue left to air your grievances. Ultimately, the situation would best be alleviated by addressing the root-cause of the situation of these Palestinians, which is the implementation of Palestinians’ right to return to the lands from which they were displaced. Until then however, more attention needs to be given to this thus far largely-ignored issue, and the Jordanian laws and constitution need to be respected and implemented by restoring the citizenship of those whose rights were revoked, and ensuring that the law is followed in any future case of citizenship revocation.

_______________________

[1] See the text of the speech at: http://www.kinghussein.gov.jo/88_july31.html

[2] Human Rights Watch, “Stateless Again: Palestinian-Origin Jordanians Deprived of their Nationality,” Human, January 2010: http://www.hrw.org/node/87906

Displacement in Myanmar

From IRIN
BANGKOK, 22 March 2013 (IRIN) – More than 1,000 people have been displaced following sectarian violence in central Myanmar this week, government officials tell IRIN.

“The numbers are still unclear, however, between 1,000 and 2,000 have been displaced,” Ye Htut, Myanmar’s presidential spokesman, said on 22 March. Many of the displaced are now staying in a local football stadium in the town of Meiktila, where they are receiving relief assistance, while others are staying with family and friends.

The comments follow two days of violence in Meiktila, in Mandalay Division – the worst communal unrest to shake Myanmar since clashes between ethnic Rakhine Buddists and Rohingya Muslims in western Rakhine State in 2012. That earlier violence left 167 dead, hundreds injured and over 120,000 people displaced. More than 10,000 homes were burned or destroyed.

The current conflict erupted after an argument broke out between a Muslim gold shop owner and his Buddhist customers. A Buddhist monk was reportedly among the first killed, leading a Buddhist mob to set fire to Muslim homes and at least five mosques, local media reports say.

Government reports suggest at least five people have been killed, but unconfirmed reports say the number is much higher.

Potential to spread

“This is an extremely worrisome situation,” Phil Robertson, deputy director of Human Rights Watch in Asia, said. “The government is not doing enough to head this off, and further sectarian violence in Myanmar is a real risk.”

The government must promote reconciliation and tolerance in the multi-ethnic, multi-religious society, while at the same time holding those responsible for the violence accountable, he explained.

“What happened in one place could easily happen in another,” Basil Fernando, director of policy and programmes for the Asian Human Rights Commission, said from Hong Kong. “It’s imperative the government takes action against those responsible.”

But according to Ye Htut, action is already being taken.

“We take this very seriously and will hold accountable those responsible,” he said, noting 13 people were arrested on the morning of 22 March alone.

“At the moment, the situation is under control. However, there are still small groups of people trying to incite trouble. It’s important we have the full cooperation of local residents,” he said.

“This is quite unusual. People are being manipulated,” said one local journalist who used to live in the area. He cited extremist views, such as anti-Muslim sentiment by some groups, as a possible underlying factor in the violence.

Myanmar’s Muslims account for approximately 4 percent of the country’s roughly 55 million inhabitants, however, the last nationwide census was conducted in 1983. The government lists 135 ethnic groups, which are grouped into eight national races: Burman, Kachin, Kayah, Karen, Chin, Mon, Rakhine and Shan.

Photo: Courtesy of the Arakan Project
More than 100,000 Muslim Rohingya are displaced
Condolences

On 21 March, Vijay Nambiar, the UN Secretary-General’s Special Adviser on Myanmar, arrived in Yangon, where he expressed sorrow over the loss of lives and destruction in Meiktila.

“While firm action by the authorities was needed to prevent further loss of life or spread of violence, the continued fostering of communal harmony and preservation of peace and tranquillity among the people was the most urgent priority, and this was the responsibility of all sections of society. Religious leaders and other community leaders must also publicly call on their followers to abjure violence, respect the law and promote peace,” he said.

In a brief statement on 21 March, the US embassy said it was closely monitoring the situation and extended its “deepest condolences to the families of those who lost their lives and property in the violence.”

The latest violence is seen as yet another test for Myanmar’s reform-minded President Thein Sein, who has been praised for opening up and liberalizing the once-pariah Myanmar, also known as Burma, since taking office in March 2011.

Council votes in favour of motion to help undocumented residents

Chris Kitching, cp24.com,   Published Thursday, Feb. 21, 2013 11:04AM EST

City council has voted in favour of a motion that makes it easier for people without full and secure immigration status to access city services already available to legal residents of Canada.

According to advocates, the proposed measures within the motion make it easier for newcomers to receive aid from places such as food banks and access health, employment and recreation services, and ensure their children can attend local schools.

Syed Hussan, a spokesman for the Solidarity City Network, said there are about 400,000 people in Toronto who don’t have full immigration status.

City hall

Toronto City Hall is shown in this file photo. (The Canadian Press/Michelle Siu)

“These people live here, they’re part of our community,” Hussan told CP24 reporter Katie Simpson ahead of the vote. “They should be in our schools, they should be able to walk down the street to the food bank or a shopping centre or go into a shelter without fear of detention and deportation.”

Hussan, who was at city hall Thursday to watch council debate the motion, said that having the motion approved would help newcomers take one “small step” towards that goal.

He is also calling on the provincial and federal governments to eliminate restrictions.

The motion not only calls on improved access to city services, it also calls for the federal government to create a regularization program for undocumented residents, and asks the province to review its policies for provincially-funded services to ensure access to health care, emergency services, housing and other social supports.

“We need the province to join in, we need the federal government to make its moves and we need Toronto to set the path forward,” Hussan said.

Dozens of supporters, wearing yellow T-shirts reading “Access without fear,” attended the city council meeting to watch the vote.

By passing the motion, Toronto becomes the first city in Canada to have “sanctuary city” type policies, according to Solidarity City Network.

Read more: http://www.cp24.com/news/council-votes-in-favour-of-motion-to-help-undocumented-residents-1.1165807#ixzz2O5OI7lKb

Watch the Video Here:  Council votes in favour of motion to help undocumented residents | CP24.com.