| OP-ED Language of fear undermines a much needed humanitarian response The human rights organisation, The Elders, published an article by ECRE that questions the language the media and European leaders are using to describe the current increase in people fleeing conflict and persecution who are arriving in Europe having undertaken dangerous journeys. This relates to the frequent use by European leaders of language designed to engender fear, and cynically emphasises security concerns. "The use of humane, appropriate and accurate language is critically important when describing people on the move and their predicament, especially refugees who have unique legal protection, but also other migrants who travel nonetheless with human rights," write Michael Diedring and John Dorber in their blog. Thus, a humanitarian crisis is being described in combative terms; 'wars' on smugglers, 'threats' to European society, and 'illegal' entry. This toxifies the discussion and provides politicians with a remit to impose sanctions and justify the ill-treatment of people arriving in Europe without prior authorisation. Consequently, there is a frenetic building of fences, illegitimate closing of borders, the widespread detention of asylum seekers, and the creation of further legal barriers to claiming asylum. The result? A further narrowing of safe and legal channels available to people fleeing war and persecution. This, in turn, has only increased the number of people who have had to resort to irregular entry and the use of smugglers and criminal networks to access Europe. ECRE calls for the use of humane, appropriate and accurate language to describe the predicament of people on the move. The continued use of inflammatory language is not a meaningful contribution to what should be a balanced debate; one that fosters respect and calmness in the face of deep human suffering. It is critically important to accurately and humanely describe the plight of refugees who are entitled to protection, and so too for those other migrants whose human rights must also be respected. For further information: ECRE AIDA update on Bulgaria: as asylum applications increase, the system deteriorates The updated AIDA report on Bulgaria informs about worrying deteriorating trends in the Bulgarian asylum system: the duration of the asylum procedure has increased from an average of three months to six or more months and the National State Agency for Refugees (SAR) has failed to provide interpretation services during the asylum procedure. Even though there has been an increase in the number of asylum applications in the country (12,738 until September 2015 compared to a total of 11,081 in 2014), Bulgaria remains prevalently a country of transit. Access to the territory continues to be a concerning issue, with reports of push-backs and violence by the border police, culminating in the killing of an Afghan young man on 16 October 2015. For further information: NATIONAL DEVELOPMENTS Court orders improvements to the human rights situation in Calais A coalition of NGOs, including ELENA-France, filed a legal challenge last week, along with applicants from Eritrea, Iraq, Afghanistan and Syria, to the human rights conditions in the Calais slum. The judge found that the reports of the NGOs involved, and the media, revealed an emergency situation and that the public authorities had to guarantee the basic rights and fundamental freedoms of those living there. She considered that insufficient access to water and toilets and the lack of rubbish collection exposed the camp population to a risk of inhuman and degrading treatment. In a joint press release (in French only) of Medécins du Monde and Secours Catholique-Caritas France, who were involved in the legal challenge, the ruling was welcomed as a 'positive first step in the recognition of this situation and its crisis'. However, the plaintiffs were unsatisfied that their demand for the 6,000 inhabitants of the camp to be sheltered was not agreed to and stated that they would remain vigilant so as to ensure that the emergency measures would be implemented. The judge ordered the authorities in Calais to; install 10 additional water points and 50 latrines, set up a collection system for rubbish, install mobile rubbish containers, carry out a cleaning of the site and make one or more routes available for emergency access. These measures should be implemented immediately; within the next eight days. A 100 euro per day penalty would result in case of delay. The authorities were also ordered to identify unaccompanied minors in distress within 48 hours of the judgment, so that they could be suitably placed. For further information: - EDAL, France - Lille Administrative Tribunal, No. 1508747 – Case Summary, 2 November 2015
- The Guardian, French court orders water, latrines and garbage pickup at Calais refugee camp, 2 November 2015
- Pierre Henry, Calais: Time to tackle a migratory dead-end, 9 October 2015
- Calais exiles Press Release, Médecins du Monde and Secours Catholique calling for justice (in French), October 2015
Greece: so close to safety, so far from protection From Wednesday to Sunday last week, over 60 people died in the Aegean Sea in a series of dramatic shipwrecks during the crossing from Turkey to the Greek islands of Lesbos, Samos, Kalymnos and Rhodes. On Wednesday alone, five shipwrecks were reported, the worst of which involved a large wooden boat carrying up to 300 people. At least 34 people were identified as missing. On the same day, 630 people were rescued in Greek waters. On Sunday, eleven refugees, including four babies, died off the coast of Samos. This year has seen a remarkable increase in arrivals of people by sea, with the latest UNHCR statistics putting the number at 752,072 people, of which 608,970 arrived in Greece. Worsening weather and sea conditions are not stopping people, desperate to reach Europe, from attempting the dangerous passage, as they fear the imminent closure of some borders. On the other hand, smugglers are demanding more money for the crossing, as they now need to rely on larger boats, such as that which sank on Wednesday. This week has also seen a first group of 30 asylum seekers being relocated from Greece to Luxembourg, following the start of "hot spot" operations in Lesvos on Friday 16 October 2015. This puts the total number of people relocated from Italy and Greece at 116, out of the pledged 160,000. The slow process undermines the very aim of the relocation mechanism, as it fails to take proper account of the needs of thousands of people arriving each day, seeking protection in Europe. Moreover, the relocation process still relies on people reaching Europe; and as there are almost no legal ways to do so, refugees fleeing from dramatic situations in their home countries are forced to pay smugglers and undertake dangerous and possibly life-threatening journeys. On a number of occasions, ECRE has advocated for the opening of safe and legal channels to protection in the European Union. These include humanitarian visas, expansion of resettlement programmes and better family reunification policies. For further information: Western Balkans: Temporary refugee centres remain inadequate, despite improvements Between 24 and 30 October, media reports and accounts by humanitarian organisations active in Macedonia, Serbia and Croatia state that many refugees have not been adequately registered, due to insufficient registration capacities. Additional improvements to temporary centres were urgently requested to ensure sufficient heating and adequate sanitation facilities. In Macedonia, at the Reception Center "Vinojug" in Gevgelija, due to the continuing arrivals not all refugees registered their intention to seek asylum. Though refugees stay only for few hours, the centre has insufficient electricity to heat the facilities and ensure adequate conditions in winter. On 30 October, the Mayor of Gevgelija announced that heating capacities, potable water supply and garbage collection at the Vinojug centre will be improved. In Serbia, at the registration centre of Presevo, further improvements are needed in the registration procedures, especially in the age determination of children and their protection needs. Moreover, according to MSF, Presevo has insufficient sanitary facilities, with only twelve toilets and limited heating capabilities. In the past week, three shelter areas were established outside the registration centre. This is in addition to places at the new registration centre in Bujanovac, made available since 17 October, in case Presevo capacities would be insufficient to shelter refugees waiting to be registered. Furthermore, between 19 and 22 October, it was reported that there was an urgent need to create emergency shelters at the Bapska/Berkasovo border crossing with Croatia, where resources and supplies for refugees are insufficient. At the Opatovac centre, between 19 and 22 October, the identification and assistance of people with specific needs, especially unaccompanied and separated children, became more challenging and required more staff and better coordination due to the large number of arrivals. In addition, tents have proven to be inadequate shelter for winter conditions. Also, sanitation services were insufficient due to the large number of people in need. The centre at Opatovac will be replaced by a transit registration centre in Slavonski Brod, expected to open the 3rd November. The new centre could accommodate 10,000 people and will be better equipped for the winter. On 29 October, the European Commission issued a follow up to the 25 October mini-summit on the Western Balkan route. So far, only some of the countries concerned have made commitments, which will only provide 12,000 reception places out of the 50,000 targeted for the end of the year. For instance, Serbia committed 3,000 places and Croatia 2,000. In Macedonia no measures have been presented yet, though the government said that only 2,000 refugees could be accommodated for a lengthy period. For further information: EUROPEAN COURT OF HUMAN RIGHTS ECtHR condemns conditions of detention at Tychero border post in Greece The European Court of Human Rights (ECtHR) has ruled that the conditions in which an Iraqi asylum applicant A.Y. was held in detention at the Tychero border post amounted to 'inhuman and degrading treatment' which violated Article 3 of the European Convention on Human Rights. It also found failures in the procedures for registering his asylum claim, which meant that A.Y. was at risk of deportation to either Turkey or Iraq throughout his detention. A.Y. is an Iraqi national who left Iraq because he had cooperated with the American forces and had received threats from extremists. He was arrested in October 2010 after entering Greece and was detained at the Tychero border post. A deportation order was made for his return to Turkey, which was delayed as the Turkish authorities refused to admit him. The attempts from ECRE member, the Greek Council for Refugees (GCR), to have his asylum claim registered were rejected. He later requested release from detention on the basis that the GCR could offer him accommodation, he could not be removed, his asylum claim was pending, and that the poor conditions of detention were worsening his asthma. He was released in January 2011. This follows a line of ECtHR cases in which detention centres in Greece have been criticised as failing to meet minimum human rights standards, such as Mahammad and Others v. Greece, Aarabi v. Greece, AL.K. v. Greece, A.E. v. Greece, F.H. v Greece and Tatishvili v. Greece For further information: UNHCR Concerns over abuse of women and children on the move in Europe UNHCR has raised concerns over credible testimonies relating to the sexual abuse of refugee and migrant children, on the move, in Europe. Similarly, the Chief of Staff of Europol has warned of traffickers exploiting vulnerable refugees travelling across Europe, forcing them into prostitution and slave labour. Both Melissa Fleming, UNHCR spokesperson, and Brian Donald of Europol, noted that these groups were at a heightened risk of being targeted for violence and abuse, including sexual violence, emphasising the particular vulnerability of unaccompanied children. UNHCR has received reports of people resorting to 'survival sex' in order to pay smugglers to continue on their journeys through Europe. Refugee and migrant children in Europe were also at risk in crowded reception sites and other locations where refugees and migrants gather, such as train stations. The UNHCR has called on national authorities in Europe to take measures to ensure the protection of women and girls, including by providing adequate and safe reception facilities, tailored to the needs of single women and families with children. ECRE has also called on European countries to ensure adequate reception conditions and for the EU to open safe and legal channels for people who seek refuge in the EU, so as to avoid forcing people to undertake dangerous, life-threatening journeys in hope of finding safety. For further information: UNHCR urges States to stop returning asylum seekers and migrants to Libya According to UNHCR, no asylum seeker or migrant should be returned to Libya, including people rescued at sea and those who are not eligible for international protection. Returns would expose migrants to widespread violations of human rights and humanitarian law, including abuses, torture and ill treatment, especially against asylum seekers and refugees. Libya criminalises irregular entry, stay, or departure from the country. As a result, thousands asylum seekers and refugees, including women and children are detained for indefinite periods in abusive conditions. During detention, asylum seekers and migrants routinely face torture and persecutions. Many women and girls have been sexually abused. In addition to arbitrary detention asylum seekers, refugees and migrants are at risk of abduction, different forms of ill treatments, exploitation, extortion and killings. Within the current situation of ongoing insecurity, increased violence and widespread violation of human rights in Libya, thousands of people, including women and children, are systematically abducted, tortured or killed. These persecutions are based on religious, political, ethnic, family affiliation or nationality grounds; perpetrated by internationally recognised government and allied forces, as well as other armed groups. Asylum seekers, refugees and migrants are among the most vulnerable, not only to the above-mentioned abuses, but also in terms of access to basic services, such as shelter, healthcare, food or education. At present, in Libya about 2.4 million of people, nearly half the population, are in need of protection. This also includes internally displaced people, many of whom are living in a situation of protracted displacement, together with refugees, asylum seekers and migrants. For further information: BEYOND EUROPE Amnesty International denounces Australia's involvement in smuggling of asylum seekers A new Amnesty International report found that in May and June 2015, the Australian authorities paid smugglers to return asylum seekers to Indonesia, without examining whether they would have faced risks of persecutions or serious abuses in the country of return. During the operations, asylum seekers faced abuses, including detention and ill-treatment. According to evidence-supported reports, Australia breached the UN protocol against smuggling of migrants and the prohibition on refoulement, thus violating asylum seekers' human rights. In May and June 2015, many asylum seekers, including children and a pregnant woman were returned to Indonesia and thus prevented from seeking asylum in Australia. Australian officials instructed and paid smugglers to put asylum seekers in overcrowded vessels with insufficient fuel. This placed asylum seekers and migrants in a situation that endangered their lives. Further human rights violations were witnessed by people detained in cells for several days, on board Australian ships. Many migrants and asylum seekers were denied access to medicine and adequate health care. "When it comes to its treatment of those seeking asylum, Australia is becoming a lawless state," said Anna Shea, Refugee Researcher at Amnesty International. "Australia must once and for all start taking its international obligations towards refugees seriously. All people seeking asylum deserve to have their claims fairly dealt with. And instead of continuing with turnbacks, Australia must engage in effective dialogue to improve regional protections for vulnerable populations in the Asia-Pacific region, and expand safe and legal routes for people to reach safety." For further information: EVENTS - 11-12 November, Valletta, Valletta Summit, European Union and African States
- 13 November, Dublin, Future Planning: Durable Solutions for Separated Children in Europe Conference, Irish Refugee Council, UCD School of Social Policy, Social Work and Social Justice and TUSLA the Child and Family Agency
- 18 November, Brussels, Refugees' integration in the EU labour market: seizing the opportunities - tackling the challenges, ILO
- 24 November, Brussels, Border Stories: From there to here. How innovative research into personal experiences can help the EU address Intra EU mobility and Third Country Migration, London Higher Europe
- 25 November, London, Asylum Aid 25th Anniversary Party, Asylum Aid
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