Israeli High Court Outlaws Detention Centre for African Migrants

The Israeli high court on Monday, 22 September 2014 ordered for the closure of a detention facility for African migrants. The court further directed that close to 2,000 inmates currently held at the facility — known as Holot Residency Centre — be released within the next 90 days.

The court ruling was in response to an appeal by human rights groups against the decision by Israel’s parliament (Knesset) to enact a law that authorised the indefinite incarceration of migrants — mostly from the Sudan and Eritrea.

The law, which was passed in December 2013, allowed for the detention of illegal African immigrants for up to one year without trial. Proponents of the law had cited the migrants as illegal job seekers whereas it opponents had defended the migrants as asylum seekers who were escaping persecution and hardships in their countries.

The Knesset’s decision sparked widespread protests by tens of thousands of African refugees who wanted the former to rescind the decision. Efforts by close to 10,000 African refugees to seek audience with the speaker of Knesset were unsuccessful after they were barred from accessing parliament buildings. 

 Protests by these immigrants fell on deaf ears as the Knesset refused to rescind its decision (Image cerdit: www.forward.com)

Seven judges out of the nine-judge bench that presided over the case agreed that incarceration of the migrants would be a gross violation of their rights to freedom in addition to infringing on their right to dignity.

Justice Uzi Vogelman, one of the seven judges who argued for the closure of the detention centre, stated that under the circumstances, there was no option other than to order for the repeal of the law. “The measure is disproportionate and unconstitutional. There is almost no right that isn’t violated as a result of incarceration,” Justice Vogelman stated.

Reacting to the ruling, Bill Frelick, the Refugee Programs Director at Human Rights Watch urged the Israeli government to comply with the order. “The Israeli government should treat the people it locks up with basic dignity,” Frelick added.

However, Gideon Sa’ar, Israel’s Interior Minister, criticised the ruling adding that it would be hard to accept the ruling. “This is a mistake that means we cannot achieve a Jewish democratic state because our borders will be infiltrated by the illegal immigrants,” Sa’ar claimed.

Construction on the Holot Residency Centre began in 2012 in the Negev desert and was meant to house close to 8,000 migrants. The facility accommodated both male and female migrants including children and initially detained them for up to three years before deportation to their countries of origin. However, refugees from Sudan who could not be deported would be detained indefinitely. 

Refugee camp or detention centre? The Holot Residency Centre (Image courtesy of www.newsdaily.com)

 In September 2014, a Human Rights Watch report criticised Israeli authorities for using an unlawful coercion policy to force close to 7,000 African asylum seekers to return home — of this number, 6,400 were Sudanese whereas 367 were Eritreans. These actions, according to the report, put the returning refugees at the risk of torture and imprisonment in their home of countries.

According to the United Nations High Commission for Refugees (UNHCR), Eritreans constitute the largest number of asylum seekers in Israel. Its statistics indicate that there were over 37,000 Eritrean asylum seekers in the country as at 2012; up from over 31,000 recorded in 2011. During the same period (2012), there were over 10,000 Sudanese asylum seekers up from 9,000 in 2012.

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EU Grapples with Aftermath of Lampedusa Tragedy as Eritrea and Italy Make Funeral Plans for Victims

The Lampedusa boat tragedy occurred on October 3 2013 when a 20m-boat ferrying over 500 illegal immigrants—mostly from Eritrea and Somalia—capsized in the Mediterranean Sea near the Sicilian Island. Those on board had moved to one side of the overloaded boat after it caught fire. Fishermen who were the first to arrive on the scene managed to rescue 155 people.

 So far, divers have retrieved 311 bodies from the wreckage, which represent one of the worst boat disasters involving illegal immigrants. Rescue efforts have been hampered by the fact that most of the bodies are trapped in the wreckage of the boat.

Eritrea has sought to assure its citizens that it is planning on returning the bodies of the Eritrean victims of the Lampedusa boat tragedy for a state funeral. This announcement comes in the wake of Italy’s declaration to honour the over 300 victims with a state funeral.

However, the Eritrean Embassy in Italy announced that it is negotiating with Italian authorities so that the deceased can be taken back to their homeland for burial by their kin. Furthermore, the Eritrean government has undertaken to cater for transport costs as well as other expenses that may be involved. 

 

Eritrea has set aside a day of national mourning for the Lampedusa victims (Photo Credit: www.tesfanews.net)

The Eastern African country’s plan, however, may never come to fruition after the Italian government granted posthumous citizenship to the victims. Ironically, the fate of the survivors of the tragedy is unknown. Under the 2002 Bossi-Fini Immigration Law, the survivors were to face criminal charges for ‘clandestine immigration’—an offence, which carries a fine of €5,000. 

In light of the tragic events, the government has set in motion plans to repeal this law.

Italy’s decision to grant posthumous citizenship to deceased and deprive survivors of the same has been labelled as a politically motivated move that is aimed at salvaging its conscience. Mary Dejevsky described in her article  in The Spectator, that “this is grotesque and proves to would-be refugees and activists that receiving countries prefer dead migrants than those who make it alive”.

Prime Minister Enrico Letta met a hostile reception when he visited the Southern Italian island of Lampedusa alongside European Commission President Jose Manuel Barroso. Shouts of ‘disgrace’ and ‘killers’ filled the air as the two arrived at a makeshift mortuary to meet survivors and rescue workers.  One protester shouted, “Shame on them! They should solve this humanitarian crisis”.

Barroso announced the disbursement of 30 million Euros to assist Italy resettle the refugees. He also explained that the EU would focus on people who smuggle illegal migrants into Europe and cooperate with the illegal immigrants’ countries of origin. 

Lampedusa residents throw flowers at the scene of the boat disaster in memory of the victims (Photo Credit: www.dailymail.co.uk)

 On his part, PM Letta promised to push for migration to be included at the centre of the EU’s agenda. He acknowledged the mushrooming of a huge humanitarian drama on Lampedusa. France has already called for an urgent EU meeting to discuss Italy’s concerns.

Lampedusa has been one of the three key entry points for illegal immigrants into Europe. Other routes include the West African route via the Canary Islands and the West Mediterranean route. Lampedusa was in the news back in 2010 when 63 illegal immigrants lost their lives—an event that incurred the anger of activists on Spanish and French military for ignoring the immigrants’ distress calls.

According to BBC, 2013 has seen over 30,000 illegal immigrants enter Italy by sea. Three thousand Eritreans often try to flee their country every month because of political persecutions and forced conscription into the army. The Al Shabab menace in Somalia is one of the reasons many Somalis flee the country for a better life in Europe. This situation is compounded by the lawlessness in the country, which has been rocked by over 20 years of war.

In light of the Lampedusa boat disaster, should EU be more accommodative of illegal immigrants fleeing their countries?

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New BBC Investigative Report Unearths Immigrant Rights Violations in Morocco

A new investigative report by BBC’s economic editor Paul Mason has unearthed the human rights violations that illegal immigrants in Morocco undergo at the hands of security authorities. It implicates the police and criminal gangs in violations ranging from physical violence, exploitation and sexual violence.

The documentary—which can be viewed here— was aired on Wednesday 4th September and features interviews with several migrants who are stuck in Morocco after being denied entrance into Europe. One of the interviewees, a Cameroonian only identified as Amadou, narrated his ordeal after he was caught along with others trying to scale the border fence at Melilla—a Spanish border town—into Spain. “They landed with a helicopter and started hurling stones at us; beating us with batons,” he explains.

Amadou and his friends were then deported to Algeria—an act, which was in contravention of the 1951 Geneva Convention that prohibits the deportation of people to countries where there is no guarantee of their safety as well as without considering their individual cases.

Another interviewee, a Gambian called Ibrahim, recounted to Mason how the Spanish coastguard handed him over to their Moroccan counterparts who subjected him to physical assault. “The 35 of us were handed over to Moroccan cops who beat us with batons before taking us to Oujda, across the border with Algeria,” he narrates. Now stuck in Morocco, Ibrahim depends on a nearby mosque for food.

Things are looking up: Illegal immigrants resting after arriving at Spain's Canary Island of Tenerife. Many more have had their journey into Europe cut short by Moroccan and Spanish authorities (Image courtesy of www.boston.com)

The investigative trip also brought Mason into contact with Mustapha and Josui, two Senegalese bricklayers who tried to gain entry into Spain, having transited through Algeria, Mali and Niger. “We tried to jump over the border fence into Melillia but the Spanish police arrested us,” they narrated.

Having made it into Spanish territory, they expected to be allowed to claim asylum but instead, they were turned over to the Moroccan authorities. “They beat us everywhere while handcuffed behind our backs and even shot at us,” Mustapha explains.

Mason’s investigative report also lays blame on the European Union (EU), which has provided Morocco with €1.6 billion to deter illegal immigrants from its territory. The financial support is part of its ‘Enlargement and European Neighbourhood Policy’ that aims to improve the capacity of the North African kingdom in handling migration issues, such as, border management. Morocco is a major source of migration into Europe with the city of Tangier being a chief transit route.

A report by Médecins Sans Frontiéres (MSF), titled Violence, Vulnerability and Migration: Trapped at the Gates of Europe documents the increasing incidences of degrading treatment, violence and abuse of migrants in Morocco. The report also reveals the high levels of sexual violence against the Sub-Saharan migrant community in the country.

The Moroccan Ministry of Foreign Affairs has, however, reiterated that it adheres to the human rights of all immigrants while implementing its readmission procedures and border management. It states that the kingdom has become a country of destination for Sub-Saharan African migrants because of its joint border control efforts with European countries.

What are your thoughts? Is Morocco right to cooperate with EU in stopping illegal immigrants from entering Europe through it?

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Reprieve for 400 African Immigrants as Malta Cancels Repatriation Flights

The Maltese government has been forced to cancel its plans to repatriate 400 immigrants from Somalia and Eritrea after the European Court of Human Rights (ECHR) issued a temporary order halting the repatriation.

The court order came after a group of non-governmental organisations (NGOs) requested for a stop to the repatriation plans amidst media reports that the government had arranged two flights to send these migrants to Libya.

The NGOs argued that the government’s plan constituted ‘push-back’, which was a strategy outlawed by the ECHR last year after former Italian Prime Minister Silvio Berlusconi used it persistently in 2009.

Malta Prime Minister John Muscat denied that plans to repatriate the immigrants amounted to push-back but acknowledged that he was in contact with Libya regarding the return of the migrants.

Malta's nightmare: Constant arrival of African immigrants is causing headaches to the island (Photo courtesy of www.haaretz.com)

The island, home to an estimated 40,000 people, has bore the brunt of African immigrants who use it as a gateway to other European countries. According to the Mail Online, the situation often worsens during the summer where boats ferrying migrants escaping war and poverty arrive on the shores of the island. 

The Italian island of Lampedusa has also been affected by the influx of African immigrants. In 2010, 63 immigrants lost their lives on the Mediterranean Sea after Spanish and French military ignored their distress—an action that has attracted a lawsuit from two surviving immigrants.

Muscat has criticised the European Union (EU) for not supporting Malta in its efforts to curtail the constant streaming of immigrants to the island. However, the EU, through its commissioner for home affairs Cecilia Malmstrom, reiterated the importance of obeying EU and international obligations by properly assessing the situation of all immigrants and allowing them to file an asylum request.

Considering Malta’s situation, do you think it is justified in its desire to repatriate the immigrants?

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UK Immigration Policy Discouraging Foreign Students

The United Kingdom’s (UK) immigration policy is increasingly furthering the notion that foreign students are unwelcome. A study conducted by University and College Union (UCU), a professional association of lecturers, trainers, academics and researchers working in UK universities, reveals that 52 percent of the respondents in the study, who hail from non-EU countries, admit that they feel unwelcome in the UK.

The study, conducted between May 13 and 15 2013, came against the backdrop of the government’s decision to group overseas students from non-EU states as one of its net migration targets. Net migration is the balance between the number of people who come to live in the UK for long periods and those who are leaving. In formulating the policy, the government hopes to reduce the net migration rates to less than 100,000 by 2015.

British universities will be the hardest hit by the policy. Even as early as September 2012, statistics released by Universities UK indicated that student arrivals from India, Saudi Arabia and Pakistan had declined by 32, 31 and 22 percent respectively. 

Students from Africa will also undoubtedly feel the effects of the policy—many Africans go to UK to further their education. GoStudy UK revealed that Africans constituted 12 percent of non-EU students in the country in 2011. Nigeria accounted for 48 percent of these students while Libya and Kenya came in second and third with 7 percent and 6 percent respectively.

UCU president Simon Renton criticised the government for its indifference to the ramifications of its tough talk on immigration.“UK has built a reputation for excellent education services, which attract the brightest brains worldwide to our institutions. The government needs to take care not to reverse the gains achieved thus far,” Mr. Renton stated.

His comments could not be farther from the truth. The same study conducted by UCU, reveals that UK universities are held in high esteem by foreign students. Eighty-two per cent of the interviewed non-EU students applaud the level of support offered by teachers whereas eighty-one percent believe that these universities offer quality teaching.

Parliament has also voiced its concerns over the immigration policy and its effects on UK as an attractive academic destination. In January, the chair persons of five parliamentary committees (Home Affairs, Business, Public Accounts, Science and Technology and Europe sub-committee) wrote to Prime Minister David Cameron asking him to balance between the need for tougher restrictions and the need for economic growth. They requested him to remove overseas students from the net migration targets. However, the government insists that the policy aims to stifle the abuse of UK’s immigration system.

What do you think? Would you feel comfortable in the UK with the policy in existence?

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