Migrants – Compassion or Shame?

Introduction.

Every news bulletin on TV or radio has items about migrants moving from the Middle East or North Africa hoping to arrive somehow in Europe. Linked with those stories are the reactions of governments that are trying to manage this number of people. Set against the official reactions are the reactions of ordinary people across the length and breadth of Europe who are moved into trying to find ways of helping.

The ultimate solution to these problems is found in peace-making and the development of the poorer countries of our world. There are issues of the “Just War” and all the development goals. These topics are well outside the scope of this paper.

Protection Conventions

1951 Geneva Convention on Refugees & 1967 Protocol

This defines what many politicians refer to as genuine refugees. Someone who is outside their country of origin and has a well-founded fear of persecution for one of five reasons and cannot avail themselves of the protection of their government

United Nations Relief & Works Agency –UNRWA

Set up in 1950 to cater for 700,000 Palestinian Refugees. Now deals with 5 million. None of these are covered by the Geneva Convention

2004 Qualification Directive –Council of Europe Art 15c

Offers protection where there is a serious and individual threat to civilian life or person by reason of indiscriminate violence in situations of international or armed conflict

Temporary Protection Directive

Offers minimum standards or protection in situations of large scale movements of migrants. This arose from the Bosnian & Kosovan conflicts

Dublin II Convention.

This insists that a person seeking asylum must do so on and at the first opportunity of reaching a safe country ie any place in Europe

Colloquial definition of a Refugee.

Someone who has lost the protection of their own government for any reason.

Internally Displaced Persons

Someone uprooted from their home but remaining within the boundaries of the own country

Trafficked Person.

Someone who by force or trickery is taken into forced labour, most commonly into prostitution, but also other work such as agriculture or domestic service. NB it is often the case that this has to be understood from their story rather than their first claim.

Irregular Migrants. A person who is in the UK without any kind of leave [permission]. Their only protection is from treaties such as European Convention on Human Rights; the Universal Declaration of Human Right and the UN Convention of the Child. These rules insist on a right to life; not to be tortured or subjected to inhuman treatment and the best interests of a child to be paramount.

Syria & Iraq.

The seeds of the present conflict were sown in the post first world war settlement that dismantled the Ottoman empire. It set up Iraq and Iran as French and UK spheres of influence and failed to honour the 1919 Treaty of Fevre that promised the Kurds a homeland of their own. There was no effective and just settlement after the 2003 Iraq war with result there has been a constant struggle for factional power in the country. More recently there has been the emergence of the IS state –radical Sunni Islam taking control of areas that ignore national boundaries but groups people of similar Sunni beliefs. The long term solutions are in peace-making between the different factions and establishing governments that are seen to operate fairly & justly. At present the super-powers and United Nations seem to be a part of the problem and not of the solution.

Critical at present is finding the ways and means of providing as much basic support and service on the ground in the areas of conflict. At the same time those offering such services need protection.

Neighbouring Countries

Approximate numbers

2 million in Turkey

1.5 million in Lebanon

0.7 million in Jordon.

Barbara Harrell-Bond wrote a book some years ago about “Imposing Aid on Refugees”. It poses difficult questions about how aid can be delivered without taking away the humanity of those dependent upon it for survival. Lebanon for example does not want the Syrian Refugees to establish large camps that become permanent settlements as the Palestinian camps have become. The alternative seems to be desperate poverty, with adults idle and children out of school. $13.5 per month for food is substantially less than $1.5/day criteria defining poverty in the Millennium Development Goals. Managing these people at a level that aspires to the MDG at least needs many governments to contribute significant resources, a willingness to share the burdens and to learn how to do this without causing new problems further down the line.

Within Syria there are many more internally displaced people. These people are being bombed and harassed by all sides with the recent addition of Russian forces. Getting any sort of relief to them is a desperate need. Only finding a peaceful solution offers any longer term hope

Crisis in Europe.

There are two crises in Europe, one of migrant numbers and the other in the response of the nation states to those numbers. UNHCR estimate 400,000. In both Italy & Greece there are individuals whose efforts stand out from the crowd and shame the national responses. See Eric Kempson on YouTube or FaceBook. Statewatch’s reports 2013 & 2014 lead to a Channel 4 documentary.

The European Parliament has proposed a sharing of the numbers of migrants throughout the EEA. Sadly our Government has opted out and is generally hostile to all but the few selected from camps.

It is also clear that in many places ordinary people are involved in rescue and support work for the people arriving in various kinds of boats. You might see some of this by entering Eric Kempson on YouTube or Eric Kempson, Philippa Kempson or Ellenis Workshop on Facebook

http://www.methodist.org.uk/mission/world-church/world-church-news/refugee-crisis-resources-prayers-and-updates? For Methodist Church responses and resources. A fund is now open to receive donations to support Methodist Churches that work with refugees inMacedonia, Serbia, Germany and Italy.Donations to World Mission Fund clearly marked for Methodist Refugee Support

Calais

The Jungle is said to have 3,000 people sleeping rough with little sanitation and medical care. HMG policy of simply building more and higher fences offers no solution to how to deal with them. A joint arrangement with France, preferably as part of the Europe wide programme is needed. This will deal with them as human beings and find places for them. Some in the UK and some elsewhere. A few times in my lifetime HMG has promoted the positive handing of such crises; eg Vietnamese; Kosovans and Ugandan Asians. Resources were made available to help them settle in the context of “good-speak” instead of the current “hate-speak”. There is a mood in many communities that desires to be involved. With the right approach that could happen again

See 1 October Independent Section 2 “By overlooking the conditions here, we condemn the inhabitants to a living hell” Joseph Charlton after three days in the Jungle. He comments on misguided aid. Eg piles of high heeled shoes, things just dumped. There are local charities who can be contacted and helped. CalAid is a charity working in the camp offering aid and support. They can be helped through- https://crowdfunding.justgiving.com/CalAid. Doctors of the World provide the little medical help that is available –doctorsoftheworld.org.uk/pages/calais-appeal.

Here in the UK.

Home Office hostility towards migrants sores to ever higher peaks. Reports on the asylum system from groups of very different political persuasions have recommended remarkable similar changes. Eg The Asylum Rights Campaign; Ian Duncan Smith’s policy think tank and the Joint Committee on Human Rights –Parliamentary group. Key features, early legal advice, proper support and a single caseworker to see each case from start to decision. In fact legal aid advice is virtually non-existent; asylum support is half of the basic benefit level and a multitude of people look at each case in a muddled manner typified by the report “Minded to Refuse”.

It is within the Geneva Convention to seek asylum by arriving with false documents. Many are prosecuted for this offence and they are advised by duty solicitors to plead guilty to avoid a long stay on remand- the resulting prison sentence is likely to result in them being deported. More recently a £180 fee is required to have a case heard in court for any offence, an asylum seeker simply cannot pay and will end up in prison

The Immigration Act 2014 aims to deny any irregular migrant access to services, ie having a bank account; a driving license; renting a property or having anything other than minimal health care. The 2015 Immigration Bill seeks to make the enforcement of destitution under the threat of criminal sanction. It also aims to further reduce rights of appeal before deportation in the context of immigration decisions that are found by UK courts to be wrong in over one third of cases.

One of my favourite quotations is from LJ Browne “No civilised country deliberately make people destitute” A question that I cannot answer for you is when does the policy of destitution become degrading and inhuman treatment

In a letter to The Times and the Guardian that was signed by 354 retired Judges, active and retired Barristers & Solicitors said that the HMG response to these situations is hopelessly inadequate response of HMG. You can read it at http://www.lawyersrefugeeinitiative.org [and below]. These four principles look atmigration and legal process across Europe as well as in the UK.

Justine Greening, the International Development Secretary, told the World Bank’s annual meeting in Lima that short-term emergency assistance was not enough and that a strategy was needed to provide schools, hospitals and work for those displaced. The question is how does that get into the forefront of our own government’s policy. If that were to happen we might have some real leadership in this matter in asking for changes in European policy.


Possible role for churches.

1/ I hope that the above has convinced you that the question of refugees etc in the UK is more than concern about the few that have been and will be brought from refugee camps in countries neighbouring Syria. Many more Syrians and from many other nations are seeking asylum or other forms of protection in the UK. The first task is to be aware of the differences and the procedures involved. Too many ministers have said to me “I did not know the system was so evil until “X” came into our congregation.

2/ Some churches offer supplies of food and other support. Whether that is appropriate for your church depends on where asylum seekers and others are dispersed. More and more churches are involved in Food Bank schemes. Locally that maybe your local need or of course it maybe both.

3/ Some towns and cities are planning schemes to rent houses to accommodate “Syrian refugees”. North Yorkshire County Council are planning to take 1% of the 20,000; seven councils will share those with 28 to each District. It is vital that this is done properly. The model of the reception for Vietnamese at Kirbymoorside should be examined to learn and improve so that the incoming people have the best chance of settling for as long as they need to do.

There will be issues about the “good ones” here by HMG arrangement and the others who have made their own way here. It is somewhat ironic that the photo that has moved so many people concerns a family destined to be in the wrong group

I suspect that the housing for Syrian refugees selected to come under the government programme will have central funding promises behind it. The much larger problem relates to the asylum seekers from any country who find their way to the UK. The asylum support system is now approximately 50% of the normal benefit system payments. If their application is refused they mostly lose all support and depend on sofa surfing or sleeping rough. Some are entitled to “Section 4” support. This comes in the form of vouchers that can only be used at certain stores. The consequence is that they cannot shop at the cheapest shops and get any service that requires cash.

The Boaz Trust in Manchester manages some properties to provide accommodation and support for those who have nothing and nowhere. From 1st February landlords will be required to check the immigration status of tenants and lodgers.

4/ There is a desperate shortage of legal advice in the field of immigration and asylum. Put together with the absence of legal aid. Great care must be taken to ensure that well-meaning help does not have seriously bad consequences. Manuel Bravo in Leeds ask for pro bono work from firms to help their case work. Asylum Justice use the expertise of non-immigration solicitors to help prepare submissions of evidence without giving advice. In university towns it may be possible to find help in the university law departments.

Office of the Immigration Services Commissioner OISC regulate people who are entitled to give immigration advice and not regulated by the Law Society or Bar Council. Their website shows where to find and adviser and how to obtain training.

The Law Society website enables a search for specific areas of law and the people in that firm who deal with immigration law.

5/ Towns and cities will form support groups; some out of the immediate interest stimulated by the “Syrian” issue. I hope that they will not ignore the long standing groups or experience of others working with asylum seekers and immigrants. Groups need to know of others providing services. Some will provide food, others counselling, conversation groups or translations. Knowing where other services can be obtained is vital as it is unlikely that any group can provide everything needed.