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Europe: put human rights protection into border controls
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Border control operations undertaken by FRONTEX at the border in Greece (FRONTEX)
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| The EUROSUR proposal has been presented by the European Commission as a strictly technical tool, when in fact it is a very political issue and has far reaching implications on fundamental rights of migrants and asylum seekers. |
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Brussels, 11 July 2012 – In a letter sent to the Civil Liberties committee of the European Parliament, a group of human rights NGOs expressed concerns that the planned establishment of a European Border Surveillance System (EUROSUR) fails to provide safeguards for asylum seekers seeking protection in the continent.
In the coming months, the Civil Liberties committee will examine the proposal by the European Commission to establish a EUROSUR leading to an integrated management system for external borders, in cooperation with the European border agency Frontex.
"The EUROSUR proposal has been presented by the European Commission as a strictly technical tool, when in fact it is a very political issue and has far reaching implications on fundamental rights of migrants and asylum seekers", the letter reads.
"We urge MEPs to ensure these recent EU border management proposals, such as EUROSUR, Eurodac and Smart borders, are not allowed to turn sea and land borders into zones of heavy surveillance to the detriment of fundamental rights. We would like to ensure legal safeguards are enshrined in the EUROSUR surveillance system, guaranteeing respect for the fundamental rights for all migrants and asylum seekers", said JRS Europe Senior Advocacy Officer, Stefan Kessler.
"The legislative proposal, which states as its objective the improvement of the situational awareness and reaction capability of Member States and Frontex when preventing irregular migration and cross border crime at the external land and maritime borders, does not provide sufficient protections for migrants and does not demonstrate a pressing need for such costly surveillance systems in the midst of pan-European austerity", the letter continues.
Concerns. In the
letter the NGOs outlined seven reasons why the EU Commission proposal
was incompatible with human rights. According to the NGOs, the proposal:
- conflates the fight against cross border crime and irregular migration
- is likely to be ineffective in preventing irregular migration;
- does not provide for effective safeguards for the fundamental rights of asylum seekers;
- does not confer any obligation on Frontex or EUROSUR to undertake search and rescue of stranded migrants;
- rejects EU responsibility towards third countries, leading to an externalisation of borders policy;
- does not guarantee sufficient protection of personal data; and
- relegates the role of European Parliament.
For a full copy of the NGO letter see http://jrseurope.org/news_releases/JRSJointletterEurosur090712.pdf
Global: number of refugees benefiting from JRS services reaches new high
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Education remains the cornerstone of JRS work, with nearly 250,000 persons served in 29 countries. (Peter Balleis SJ/JRS)
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| Hospitality calls JRS staff to advocate for alternatives to detention, oppose xenophobia and all forms of exclusion, and work to create inclusive communities. |
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Rome, 17 July 2012 –The number of forcibly displaced persons benefiting from Jesuit Refugee Service work grew by approximately 10 percent in 2011, according to the figures published in the organisation's latest annual report. The latest increase brings the total number of beneficiaries to more than 700,000 for the first time in the 30-year history of JRS.
Data confirms that education remains the cornerstone of JRS activities, with nearly 250,000 persons served in 29 countries, in diverse projects from pre-primary to tertiary education, vocational skills training, language and computer classes. Psychosocial activities come next, with more than 222,000 persons served in 40 countries. Statistics are also given for other project categories: pastoral, emergency, healthcare, advocacy/protection and livelihoods.
Responding to worsening conflicts and more frequent natural disasters, JRS opened projects, or new frontiers, in Africa and Asia. In 2011, JRS ran a modest project for asylum seekers stuck in Tunisia after they fled the unrest earlier in the year in Libya, where they had first sought refuge. New projects were launched for internally displaced persons (IDPs) in eastern Democratic Republic of Congo, a region plagued by chronic instability and conflict. JRS also started projects to assist persons displaced by floods and Typhoon Sendong in Asia Pacific and the famine in Eastern Africa.
Despite the increase in the number of new forcibly displaced persons, JRS teams began phasing down project in Burundi, Dominican Republic, Nepal, and South Sudan, among others.
Foci. The 2011 report highlights four themes: new frontiers, education, hospitality in action and accompaniment, offering JRS a chance to reflect on work thus far and set the course for the upcoming year.
JRS education projects take on many forms, and the report addresses education as protection, schooling in urban areas, higher education, skills training and best practices. Preferential access for girls is given special attention, as illustrated by stories from Afghanistan, Central African Republic, Chad and South Sudan.
The JRS decision to highlight its work on hospitality followed an appeal made by the Jesuit Superior General, Fr Adolfo Nicolás SJ on the organisation's thirtieth anniversary in 2010: "How can we advocate and promote more actively the Gospel value of hospitality in today's world of closed borders and increased hostility to strangers?"
Apart from making displaced people feel welcome, hospitality implies defending their right to protection, helping them to integrate in their host community, to live in dignity and not in destitution, and have enough to meet their family's needs. Hospitality calls JRS staff to advocate for alternatives to detention, oppose xenophobia and all forms of exclusion, and work to create inclusive communities.
While adapting to meet the ever-changing needs of refugee and displaced populations, accompaniment is fundamental to this work and can take many forms. The annual report looks at accompaniment in detention, in refugee camps and in cities. For a copy of the JRS 2011 Annual Report see https://www.jrs.net/assets/Publications/File/ar2011en1.pdf
Malta: NGOs urge government to initiate independent inquiry into the death of a migrant in custody
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Group of some 260 migrants arrive in Marsaxlokk, a traditional fishing village located in southeastern Malta, (Darrin Zammit Lupi/Times of Malta)
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| Malta is duty-bound to ensure that all persons deprived of their personal liberty – for whatever reasons – are effectively protected from torture or cruel, inhuman or degrading treatment or punishment. |
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Valletta, 3 July 2012 – Nine Maltese NGOs have expressed their condemnation of the use of violence by state officials following the tragic death of Malian migrant, Mamadou Kamara, while in the custody of the Detention Service on 30 June.
"Appalled and saddened by the tragic death of Mamadou Kamara in Detention Service (DS) custody on 30 June 2012 we the undersigned NGOs unequivocally condemn this act of violence and call upon the government to take all the steps necessary to ensure that his death, not the first to occur in such circumstances, is the last", according to the statement released by the NGOs, including JRS Malta, on 1 July.
According to press reports, Mamadou attempted to escape from detention on Friday afternoon. He was captured by DS officers, who took him to Paola polyclinic in the early hours of Saturday 30 June, in line with established standard operating procedures. He was found to be dead on arrival, having sustained various injuries to his groin and lower back, presumably as a result of being severely beaten.
"We believe that these and other violent incidents that have occurred over the years demonstrate that Malta's initial reception system has repeatedly failed and that the costs of the mandatory detention policy far outweigh the potential benefits for all concerned", said JRS Malta Director, Dr Katrine Camilleri.
We are also concerned that political discourse on the part of the government and the main opposition parties has contributed to the dehumanisation of asylum seekers. The consequences of this are nothing less than horrific.
Malta's human rights obligations demand that the individual officers involved in the incident are called to account for their actions, yet we believe that this alone is insufficient.
"Malta is duty-bound to ensure that all persons deprived of their personal liberty – for whatever reasons – are effectively protected from torture or cruel, inhuman or degrading treatment or punishment. Their right to life must be safeguarded and any alleged violations must be investigated and perpetrators brought to justice. Importantly, any institutional failures should be addressed in order to prevent future violations", said Aditus Foundation Director, Dr Neil Falzon.
We therefore call upon the Office of the Prime Minister to demonstrate its true commitment to ensure that all persons are treated with the equal respect and dignity by:
- ensuring that the present inquiry is truly independent and effective, and that its findings, recommendations and any consequential actions are made public;
- conducting a comprehensive and inclusive review of Malta's policy of mandatory detention, including implementing non-custodial alternatives for asylum seekers and migrants in an irregular situation for whom there is little or no prospect of removal;
- acting speedily and decisively to implement recommendations made following inquiries into such incidents; and
- strengthening the mandate and capacity of the Detention Visitors Board, the body established by law to monitor conditions in detention, to fulfil the onerous task with which it has been entrusted, not least by making its recommendations binding on the Commander of the Detention Service.
NGO signatories
Aditus foundation, Jesuit Refugee Service (Malta), SOS Malta, Integra Foundation, Migrants Network for Equality, Emigrants' Commission, GetUpStandUp, Organisation for Friendship in Diversity, KOPIN, Foundation for Shelter and Support to Migrants.
For further information contact: Dr Katrine Camilleri +356 7985 8099 Dr Neil Falzon +356 998 92 191
Jordan: offering education in an emergency
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Children eagerly jostle for a chance to have their faces painted at a social gathering for Syrian and Iraqi families in Amman, Jordan. (JRS)
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| The hope is to restore a semblance of order to their lives through the structure of the informal school. |
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Amman, 9 July 2012 – As increasing numbers of Syrians arrive in Jordan fleeing the deterioration in security back home, the Jesuit Refugee Service has expanded its latest project, offering emergency education to children and adolescents.
According to the UN refugee agency (UNHCR), nearly 30,000 Syrians have registered with the organisation since the beginning of the exodus last March. In response to the worsening situation, many NGOs, community-based organisations, local charities and UN agencies have coordinated efforts to provide the necessary emergency assistance to Syrians upon arrival in Jordan.
JRS teams are no different in this regard, working closely with a variety of civil society groups on the ground to deliver emergency food and other basic necessities to approximately 170 families, around 1,000 individuals.
Of equal importance to the emergency response, but often neglected, is the provision of education. At the JRS informal education project in Ashrafiyeh, a working class neighbourhood of Amman, there are now more than 100 Syrian children and adolescents in attendance. Many have been housebound since arriving in Jordan, with very little interaction with other people and a complete breakdown in their educational development.
Restoring normality. With many children suffering from trauma, the hope is to restore a semblance of order to their lives through the structure of the informal school. The daily recreational activities, arts and basic language instruction help to create an environment that is safe and predictable for these children.
A recent social gathering held for Syrian and Iraqi families was a welcome chance to meet outside the confines of their temporary homes and to associate freely with one another. An array of activities were organised for the children, who were entertained for hours by clowns and magicians – the simple joy of a carefree day has been missing in their lives for many months.
"Seeing all the Syrian children so excited at the social gathering reminded me of the universality of children. Children all over the world love face-painting and it was touching to see them having so much fun", commented JRS Staff member, Mike Skrak.
At the present, JRS is actively in touch with 150 Syrian families in Amman, providing them emergency assistance. In northern Jordan, where the bulk of Syrians are hosted, teams continue to conduct family visits as the process of needs assessments is being conducted.
Their most pressing needs are money for rent, basic food items and hygiene products for women and young children, said Laith Eskandar, the JRS family visits team coordinator.
Up until now, most Syrians have congregated in the northern region around the towns of Irbid, Ramtha and Mafraq where they have been receiving assistance.
Tunisia: resettlement is needed for refugees
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Sudanese refugee says farewell to friends in Shousha camp. She and her family have been accepted for resettlement in Norway. (UNHCR/ R Nuri)
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| Going back to Libya now is not an option. Sub-Saharan Africans are being detained and tortured. |
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Oxford, 5 July 2012 – With Tunisia experiencing wide-ranging political, social and economic change, there is an imperative need to alleviate the burden of hosting people fleeing Libya who are unable to return to their countries of origin.
The countries neighbouring Libya were not in a position to provide more than temporary refuge for many people who had experienced multiple displacement from their countries of origin and previous countries of asylum.
"I am very happy but also fearful", says Tigi1, a 21-year-old Eritrean woman who has been living in Shousha camp in southern Tunisia since the early days of the war in Libya and who has been selected to go through a resettlement programme to Australia. She fled her country when she was 15 years old, first to Sudan and then Libya.
"Life in Libya was very difficult. I worked as a domestic worker", she adds.
Musse has been less lucky. Also from Eritrea, his resettlement application to Norway and USA has been rejected and his life is about waiting.
"Going back to Libya now is not an option. Sub-Saharan Africans are being detained and tortured", he explains.
Some of his friends went back to Libya to take a boat towards Europe.
"They are now in Italy. We have to wait for a slow solution here in the camp, so they decided for the quick solution. We are young but time is against us", he continues.
Talking to these young men, one realises how many of them are ready to risk their lives taking a boat for Lampedusa or Malta. For many the alternative is Shousha, so they believe they have little to lose.
Extended stay in Shousha camp poses considerable risks to families with small children, unaccompanied minors, persons with serious medical conditions and other vulnerable persons. Resettlement is, for the time being, the only realistic durable solution for the refugees in Shousha. Yet there has been a limited response by European countries thus far in providing resettlement spaces for refugees living in Shousha camp with the majority of refugees being submitted to the US.
Moreover, vulnerable cases face significant difficulties because of the slower processing time of the US (6-12 months before departure is the norm). In addition, some refugees in Shousha camp will be ineligible to be submitted for resettlement to the US due to its restrictive approach to persons perceived to be affiliated to certain opposition groups. Alternative solutions need to be found for these individuals.
Of the people who are stranded in Shousha, more and more are going back to Libya, despite facing serious risks there, in order to board boats for Europe and embark on a perilous sea journey.
Thomas from Nigeria says, "Arriving in Lampedusa is a question of luck. If you fail, ok; if you succeed, it's fine.2 One needs to have courage in life to continue moving forward. Here we are stuck… but how can we go back to Nigeria empty-handed? Our families paid so we could earn money to send it back home. If we could go back at least with some money, we would not feel ashamed."
If the International Organisation on Migration and the UN refugee agency (UNHCR) were to provide some financial assistance to migrants, as well as assistance in terms of transportation and documentation, they would be in a better position to decide to go back home.
Given their proximity to the affected region and their comparatively greater resources, EU states should be taking a leading role in responding to the grim situation of these refugees. EU states bear a heavy responsibility for the way in which in recent years they have ignored Libya's dire human rights record on the one hand, while actively seeking the collaboration of Colonel Gaddafi's government to stem the flow of people arriving in Europe from Africa, on the other. The policies of the EU resulted in serious violations of the human rights of refugees, asylum seekers and migrants.
EU countries' poor resettlement response so far to the plight of displaced refugees on Europe's doorstep also ignores the fact that some European countries, by participating in NATO operations in Libya, have been party to the very conflict that has been one of the main causes of the involuntary movement of people.
Amaya Valcárcel, International Advocacy Coordinator, Jesuit Refugee Service
This article was first published in the June edition 2012 of Forced Migration Review, click here for a copy
1.The names used in this article are not their real names.
2. In 2011 the Mediterranean took the record for being the deadliest stretch of water in the world: more than 1,500 people drowned or went missing (and these numbers may be an underestimate).
Burundi: women, advocates of community solidarity
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A young mother during the literacy classes in the JRS agricultural school in Kibimba, Burundi (Danilo Giannese/JRS)
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| For me learning reading, writing and arithmetic means becoming aware of my potential, which before I had ignored. |
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Bujumbura, 10 July 2012 – Since the end of the civil war in 2005, hundreds of thousands of refugees have returned home from exile in Tanzania. Excruciatingly high population density, poverty and ethnic tensions result in frequent out breaks in communal conflict. Enhancing the role of women and reducing food insecurity have long been a strategy of the Jesuit Refugee Service in Burundi.
The last element of this strategy has been establishment of the JRS agricultural school for women, offering courses in agricultural technical, animal husbandry, literacy and civic education. At the end of June, 144 women concluded the first semester of lessons, and the desire among the students to strengthen inter-communal solidarity and promote peaceful cooperation between returnee refugees and the local communities was already palpable.
Expecting too much in so little time would be unwise. The challenges facing Burundians trying to build a stable future are immense. Yet after only a few months in the new JRS agricultural school, these women from the southeastern village of Kibimba are clearly more aware of their potential as both breadwinners and peace advocates.
"We women always work in the fields. It's always us who put the food on the table at home. Here I have understood how important our role is, both in the family and the community. And now I'm able to read and write I could become a local counsellor and do my part in resolving conflicts between neighbours in the village. I think we women have the capacity to help the community come together in solidarity and peace", said Cyrilla Ndabarushimana, an 18 year-old participant in the project.
Peaceful coexistence. In recent years, thousands of Burundian refugees have returned home to Rutana, the province in which the school is situated. To prevent the outbreak of land conflicts between new arrivals and the local population JRS established a food security project in Giharo, which will close before the end of 2012, after four years.
The agricultural school seeks to consolidate local progress made in the field of food security, and the consequent good inter-communal relations, by helping local women strengthen their capacities. This includes teaching modern agricultural and animal husbandry techniques, but also offering education, knowledge of their rights and of methods of family management.
"For me learning reading, writing and arithmetic means becoming aware of my potential, which before I had ignored. I feel stronger and also see that my husband and neighbours have a higher opinion of me", said 25 year old Odette Niyonzima.
"Now I have improved my household sanitation skills, learned ways of taking care of the animals without annoying the neighbours, and taken responsibility for my children's education. And all this is an example for others, that they asked me to teach them all I have learned", she added.
Defusing conflicts between neighbours. Odette explains that she has also embraced a more decisive role within the community.
"Tensions rise and conflicts break out frequently among us, particularly between former refugees and locals. People accuse each other for the most banal reasons, like if one family has their animals outside their house and this annoys their neighbours. Neighbours become overwhelmed by hate for no reason. I want to work to ensure peace reigns so that in moments of tension, we can sit the parties around a table and examine the situation together. I try to make them to reason and come together to agreement in a very simple way", Odette continued.
Attending the JRS courses, Denise Sindayihebura, 23 years of age, has made friends with women from other hill communities.
"Before, I was always at home, alone, closed in on myself. Now it's great to share and discuss things with other women like me. I feel more open and no longer want to distrust anyone only because she or he is a former refugee or from another hill community. I want to go out and meet these new friends of mine", Denise said.
Students of the JRS agricultural school have also decided to create some associations for women, local community members and former refugees for the cultivation of land and to put into practice what they have learned to increase their harvests.
"We want to be examples to our neighbours. Seeing us together they will understand that a more united and cohesive community is a place in which it is easier to live. If we are together and we put conflicts aside, we'll be a stronger community than before", Denise said convinced.
If overcoming the challenges ahead means building the foundations for stability, then much can be learned from the wealth of human resources available among the women of Kibimba.
Danilo Giannese, Advocacy and Communications Officer, JRS Great Lakes Africa
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