#fahamu refugee programme

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EXECUTIVE COMMITTEE OF THE HIGH COMMISSIONER’S PROGRAMME STANDING COMMITTEE

EXECUTIVE COMMITTEE OF THE HIGH COMMISSIONER’S PROGRAMME STANDING COMMITTEE

Agenda Items 3 (a) i, ii, iii, iv & v

In March 2013 the Fahamu Refugee Programme presented the statement on behalf of African NGOs before the 56th meeting of the Standing Committee at UNHCR in Geneva. The regional statements, designed to report NGO concerns and recommendations to the Executive Committee, are coordinated by the International Council of Voluntary Agencies (ICVA), which provides the documents on their website. We reproduce the regional statements below.

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Dear Colleagues, The Fahamu Refugee Programme is currently drafting an NGO statement on the situation of refugees in Africa to be submitted to the UNHCR Standing Committee on 5-7 March 2013. We are calling for input from NGOs operating in Africa so as to highlight all major developments and concerns. The drafting process is co-ordinated by the International Council of Voluntary Agencies (ICVA), a global network of NGOs with offices in Geneva, that provides direct contact with UNHCR and its Executive Committee (government representatives). ICVA advocates for effective humanitarian action. How can you participate? To draft a comprehensive NGO statement on Africa, Fahamu requires updates on the refugee situation in African countries. If your organisation is able to comment, please send a paragraph describing developments in your country (countries). We wish to include political, socio-economic, humanitarian, legislative and human rights developments concerning refugees and IDPs. Last year's Africa statement and other statements can be view here. When? Submissions must be received by Wednesday, 6 February so as to be included in the first draft.

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Canada court condemns anti-smuggling law

Katherine Rehberg is an intern at the Fahamu Refugee Programme.

The Supreme Court of British Columbia struck down one of Canada’s anti-human smuggling laws last week, saying that the legislation was too broad and risked incriminating humanitarians or close family members assisting refugees and other vulnerable migrants to enter Canada (R. v. Appulonappa, 2013 BCSC 31). The Court ruled that Section 117 of Canada’s Immigration and Refugee Protection Act (IRPA), which states that ‘No person shall knowingly organise, induce, aid or abet the coming into Canada of one or more persons who are not in possession of a visa, passport or other document required by this Act,’ violates the country’s Charter of Rights and Freedoms.

Section 117 represents Canada’s effort to incorporate international anti-smuggling instruments into domestic law. However, the Court noted that its language does not include a specific definition of smuggling, and therefore risks being applied to non-smugglers who may assist people (such as those seeking asylum) to enter Canada without proper documentation. Explaining his decision, Judge Arne Silverman stated, ‘I am satisfied that 117 is overbroad in that it infringes life, liberty or security of the person. I am also satisfied that it does so in a manner that is unnecessarily broad, in that it captures a broader range of conduct, and persons, than is necessary to achieve the government’s objective’ (Para. 140).

The law has indeed been applied in this way. In 2007, refugee advocate Janet Hinshaw-Thomas was arrested after assisting 12 Haitian asylum seekers to enter the country. Her case was eventually dropped, but it served as an example of the potential application of the broadly written law and was condemned by refugee advocates such as the Canadian Council for Refugees. In this case, the law had been applied to four defendants assisting Sri Lankan migrants to enter Canada by boat. At the time of the decision, some of the migrants had been granted refugee status, while others had not.

Refugee advocates have praised the recent ruling, which they argue harms migrants needing protection rather than protecting them. Canada’s Immigration Minister Jason Kenney has defended the country’s anti-smuggling efforts and expects the government to appeal.

Those concerned with anti-smuggling and refugee protection would benefit from reviewing the case in detail, which analyses the application of international legal frameworks to Canada’s domestic legislation. States attempting to strengthen anti-smuggling and trafficking laws could as well learn from this judgement. The case also serves as a reminder of the need for clear and specific language in migration-related legislation.

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Tightening of Swiss asylum law introduces new form of accommodation for ‘recalcitrant’ asylum seekers and curtails access to asylum

Friederike Vetter is a full-time intern at the Fahamu Refugee Programme where she co-manages the Post-Deportation Monitoring Network.

At the end of September 2012, a change in the Swiss asylum law introduced a new regulation according to which ‘recalcitrant’ asylum seekers can now be accommodated in special centres. The law also abolished embassy procedures for asylum applications and dropped conscientious objection to military service, as well as desertion, from the reasons for granting asylum.

The amendment to the law was passed by ‘Dringlichkeitsbeschluss’ (emergency legislation), a legislative procedure which is only available for ‘Federal acts whose coming into force cannot be delayed’ (Art. 165 para. 1 Federal Constitution of the Swiss Confederation). Green politician Balthasar Glättli deems this course of action disproportionate and points to procedural flaws during the discussions of the law in the National Assembly, which prevented any criticism of the draft amendments. Since September 2012, refugee rights organisations have been collecting signatures and have paved the way for a referendum aiming to change the amendment of the asylum law. The referendum will end on 17 March 2013.

Amnesty International and Marie-Claire Kunz of the Protestant Social Centre Geneva argue that abolishing the possibility to apply for asylum in Swiss embassies forces refugees into the hand of smugglers, creating further vulnerability for those in need of protection. Furthermore, eliminating conscientious objection to military service and desertion from reasons for asylum is considered an infringement of the 1951 Geneva Convention.

According to the association ‘Netzwerk Asyl Aargau’ the new article especially targets Eritrean asylum seekers. In order to avoid violating the principle of non-refoulement, Eritrean asylum seekers will be granted leave to remain for humanitarian reasons, but not full refugee status. This will prolong family reunifications by years and push asylum seekers into precarious living situations. Besides these two amendments limiting the access to asylum, it is especially the creation of new accommodation facilities for ‘recalcitrant’ asylum seeker which has provoked an outcry by human rights activists.

Taking into consideration UNHCR’s ‘Detention guidelines’, the National Assembly has argued that the new accommodation facilities will not ‘detain’ asylum seekers as defined in the guidelines, reports the online platform. Instead, the National Assembly is concerned about confining asylum seekers to a certain area, especially those who are defined as ‘recalcitrant’. Simonetta Sommaruga, member of the Federal Council of Switzerland and Head of the Federal Department of Justice and Police, described what ‘recalcitrant’ meant in a debate of National Assembly. According to her, recalcitrant asylum seekers were those disturbing day-to-day business, were drunk in accommodation facilities, molested others, provoked resentment in public places, caused brawls and got themselves involved in fights or sexually harassed others. Asylum seekers can thus be found guilty of offences which are normally punished on the basis of the Criminal Code, yet in the case of the so-called ‘recalcitrant’ asylum seeker, no legal procedure is necessary: a strong violation of the rule of law. According to the online platform, Netzwerk Asyl Aargau and Amnesty International the new rule opens floodgates for arbitrariness.

While the plan of ‘special’ centres is new for most cantons, the canton, Grisons, established centres for ‘recalcitrant’ asylum seekers three years ago. Michaël Rodriguez describes the appalling living conditions of asylum seekers who are considered troublemakers. According to him such banishment can be prolonged a number of times over several years. Tightening of Swiss Asylum Law introduces new form of accommodation for ‘recalcitrant’ asylum seekers and curtails access to asylum.

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Vacancies

Volunteer Intern needed to work for the Fahamu Refugee Programme, hosted by Fahamu Trust, to do research and work on completing the website. Must have knowledge of or interest in learning about refugee issues, refugee law and statelessness, and developing research skills; live or be able to work in Oxford; and have good English writing and computing skills. Individual projects within this work include family reunion, deportation, sexual orientation, torture and PTSD assessment, fund-raising, and web design; French, Spanish, Portuguese, Arabic and most any other language skill a distinct asset. Send cover letter and curriculum vitae to Dr. Barbara E. Harrell-Bond.

Asylum Aid is currently recruiting a Managing Solicitor to join their small and committed legal team. S/he will play a key role in enabling Asylum Aid to enhance its profile as a recognised centre of excellence in the provision of legal representation for people seeking protection in the UK. The closing date for application is Monday, 8 October 2012 (10.00 am) and completed applications should be sent here. For more information and a full job description, click here.

AMERA-Egypt is recruiting a Durable Solutions Team Leader (DS TL). Interested candidates should send a Cover Letter and CV here. In the subject line of your email, please include your last name and ‘DLP application’. The deadline to receive applications is Tuesday 9 October 2012. For a full job description, click here.

The Resettlement Legal Aid Project (RLAP) at St. Andrew’s Refugee Services is looking for a staff attorney provide legal aid, protection advocacy, assistance in testimony drafting, and referral services for vulnerable refugees in Cairo. The deadline for applications is the 12 October 2012. For a full job description, click here.

Georgetown University's Center for Applied Legal Studies (CALS) announces that it is now accepting applications for its annual fellowship program in clinical legal education. CALS will offer one lawyer a two‑year teaching fellowship (July 2013‑June 2015). To apply, send a resume, an official or unofficial law school transcript, a writing sample, and a detailed statement of interest (approximately 5 pages). The application deadline is 3 December 2012. For a full position description, click here.

The Scalabrini Centre of Cape Town is seeking an intern to join their Advocacy Rights team from January to June 2013. Scalabrini is a non-profit organisation that offers assistance to refugees and their children. Candidates must be fluent in written and spoken English and will ideally have experience and academic background in human rights, law and/or migrant/refugee issues. The internship is unpaid and requires a six month commitment. All candidates are required to submit both a CV and letter of motivation. For more information or to apply, please email the Scalabrini Centre Volunteer and Intern Manager, Kate Shurtleff.

The Center for Gender & Refugee Studies (CGRS) is looking for someone to fill a summer 2013 Refugee and Human Rights Law Clerk position. The law clerk functions as a full--time fall law clerk for 10-12 week terms. Law Clerks are involved in the full range of CGRS’s work, and work closely with CGRS lawyers and staff in other projects as needed. To apply, submit a cover letter, resume, brief writing sample (5-10 pages), and list of three references here. To read a full job description, click here.

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Fahamu Refugee Programme announces new Co-Director

The Fahamu Refugee Programme has announced that Themba Lewis has joined Dr Barbara Harrell-Bond as a co-director of the programme. Mr Lewis is a founding editor of the Fahamu Refugee Legal Aid Newsletter, and a graduate of the MSc Refugee Studies at Oxford University and the Forced Migration and Refugee Studies Programme at the American University in Cairo. He adds experience in urban refugee related research and legal aid to the programme, and has most recently worked throughout sub-Saharan Africa with the US Refugee Admissions Programme.