Our under-resourced legal aid system is dangerous. It needn’t be this way

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Original article by Frances Timberlake republished from Open Democracy under a Creative Commons Attribution-NonCommercial 4.0 International licence.

Having an under-funded legal aid system can ruin lives | Oli Scarff/Getty Images

Extra £20m of spending should be celebrated, but it pales in comparison to funding for hostile environment policies

Navigating the UK’s Kafkaesque immigration system is incredibly challenging. One ‘wrong’ turn – a delay in an application, an incorrect form – can quite literally risk a person’s life.

This is deliberate; the system is designed to be hostile. If you’re someone with an immigration or asylum problem, you’ll probably need a lawyer for specialist advice. But what happens if you can’t afford one?

In theory, everyone claiming asylum in this country has the right to access legal aid if they can’t afford it themselves – which is the case for most people seeking asylum, who are not allowed to work. In practice, though, decades of chronic underfunding have left the system in crisis and many people without the necessary legal support. This year only 43% of people claiming asylum had access to a legal aid lawyer, down from an estimated 73% in 2020.

Last month, after years of concerted organising by communities and legal workers, we received a glimmer of hope. Justice secretary Shabana Mahmood announced an extra £20m of funding for the civil legal aid system – the first increase since 1996.

While this is to be celebrated, it’s nowhere near enough. To put the figure into perspective, the last government spent £22m on using the Bibby Stockholm barge as asylum accommodation, £318m on the failed Rwanda removals plan and £996m on asylum housing contracts with Clearsprings, a private firm that has been accused of “poor accommodation and lack of care for residents”.

We’ve seen almost 30 years of stagnating salaries for legal workers, legal aid providers shutting down, and more people being forced to face injustices without support. Now, we need to see much bolder action from the new Labour government if we are to get out of the downward spiral that legal aid is in.

How did we get here?

The UK’s legal aid system was created in 1949, on the post-war principle that wherever you are, whatever problems you face and however much money you have, you should be able to have legal advice and representation if you need it.

But while it has never actually been that easy for migrants to access legal aid, the last few years have made it particularly punishing.

In the 2010s, as successive governments’ austerity regimes violently stripped away safety nets for working-class people – migrants and UK citizens alike – legal aid was cut drastically. The appropriately named ‘hostile environment’ policies also meant people whose immigration claims fell through faced losing access to healthcare, housing and jobs.

All of this paved the way for Boris Johnson and Rishi Sunak’s governments to house migrants in disused military barracks for years on end and threaten to send them more than 4,000 miles away to Rwanda. At the same time, successive justice secretaries have refused to fund legal aid provision, making it almost impossible for a person to challenge a legal decision that could change their life.

In real terms, at least £950m of legal aid funding has been lost every year since 2012 and many people have lost their right to legal aid altogether as the scope for eligibility has been reduced.

Legal aid workers, meanwhile, have not just had their salaries slashed, but their public value degraded. Immigration lawyers in particular have been demonised, denigrated by ministers and in the press as ‘lefty lawyers’ – leading to them becoming targets of violent hate crimes.

We are now seeing the predictable and painful impacts of this on the people whom we at Migrants Organise, a charity supporting refugees and migrants, work with every day.

A person seeking asylum who doesn’t have access to legal advice is far less likely to be able to put together the evidence and testimony needed to ‘meet’ the Home Office’s stringent burden of proof.

If their case is refused, they’ll face an even more byzantine appeal system and be expected to represent themselves in front of a judge – still without getting any advice on the regulations that they’re expected to meet. But several large immigration firms have also stopped taking on asylum appeal cases because they don’t get paid enough to do so, forcing many people to tackle gruelling and complex immigration procedures without ever speaking to an adviser.

Then if a person is refused again by the court, because they had a poorly prepared application and no one to advise them, they could be detained and deported to a country where their life is in danger.

Mohammed*, an aspiring barrister and a young migrant advocate at the We Belong charity, has experienced this first-hand. “I waited over five years for a decision on my asylum claim, and then my case got refused and my legal representative dropped me because they’d stopped taking appeals,” he explained. “This was a month into my Masters. It took me almost a year to find another legal aid lawyer, and it was only through the support of community organisations who knew good lawyers and could refer me.

“For people who don’t speak English or have the confidence to seek out support, it’s impossible. Now, after having thought I wouldn’t make it to study anything, I’m able to study law and go into the work that I know will help to fix the problems I myself experienced.”

Pushing back

Having an unsupported legal aid system ruins lives – but it does not need to be this way. Experts, lawyers and the communities who need them have increasingly been speaking out and coming together to document and challenge the impacts of not having access to legal aid.

Organisations and legal aid providers from across the country have been working to have their voices heard. Many contributed to a review of civil legal aid that Sunak’s government launched last year to better understand how well the current system works (or, more to the point, doesn’t). And this year, Young Legal Aid Lawyers and Migrants Organise have run a joint campaign to help those most impacted by the legal aid crisis to educate their MPs on it and demand change.

Researchers such as Jo Wilding, the author of The Legal Aid Market, have also shed light on the extent of the crisis and drawn attention to the expanding ‘legal aid deserts’ where no legal aid is available at all. And legal cases have been brought against the government. Most recently, in June this year, Duncan Lewis Solicitors challenged the government’s violation of its duty to ensure legal aid is available as a result of not increasing fees. The case was settled in September on the basis that the new lord chancellor would decide whether to increase rates in November.

This organised pressure has been impossible for the government to ignore. Finally, the new Labour government has taken heed of the decades of evidence shared, and taken a first step towards positive change by committing new funding.

The additional £20m announced last month, which will be spent over the next four years, is intended to “mark the next step in government plans to rebuild the legal aid sector”. The money will be used to increase legal aid fees for those working in the housing and immigration sectors, with the government saying it is aiming for a 10% uplift in hourly rates, to £65 outside London and £69 in the capital.

Though the final figures have yet to be announced, we at Migrants Organise calculate that the proposed payment fees could increase immigration legal aid work by just over 30%. This, we hope, will open up some capacity amongst legal aid providers to take on cases of people who have been waiting without support.

But in the grand scheme of things, this remains a small injection of cash into two severely neglected areas of legal aid, which will struggle to make any significant indent.

A small uplift in fees isn’t enough to make working in legal aid any more attractive, meaning it won’t address the current crisis in the recruitment and retention of legal aid workers. There is also no sign of a commitment to regularly review funding for legal aid, in order to avoid us ending up in the same position we are now after four more years of inflation.

As successive governments have built a profitable industry out of cruelty, money has been syphoned off to private companies at the expense of public services – housing, transport, legal advice – needed to create better futures for our communities. The hostile environment for migrants remains very much alive, with Labour promising more money for immigration detention centresincreased deportations, and terrorism charges brought against those forced to cross the Channel by boat. Many people still face barriers to accessing justice even with the latest announcement – whether due to language issues, misinformation, or delays.

“Yes, we’re fighting to have more legal aid lawyers. But when will the next increase happen?” asked Mohammed. “We need lawyers now that care, especially when the immigration system is so damaging. Quality work, care and compassion should be the core of legal aid. It’s not just about funding, it’s about the ideology and principle.”

So, whilst we’re celebrating the work that went into this change, we’re under no illusion that for people caught up in the hostile environment – or indeed anyone in the UK in need of a lawyer – life is going to get much easier.

In the short term, we need a legal aid system that is better resourced than the government’s current proposal, for funding to be sustained and raised with inflation (like in many other publicly funded services), and for it to be available to all groups of people who need it.

And ultimately, it is only an end to the hostile environment that will prevent people from being forced into precarious situations in the first place and bring about the dignity and justice that we all deserve.

With renewed hope for change, we need to continue organising with all those impacted by the crisis in legal aid to speak out and call for what’s needed.

*Names have been changed

Original article by Frances Timberlake republished from Open Democracy under a Creative Commons Attribution-NonCommercial 4.0 International licence.

Continue ReadingOur under-resourced legal aid system is dangerous. It needn’t be this way

Starmer’s counter-terror plan for migration woefully misses the mark

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Original article by Ruben Andersson republished from Open Democracy under a Creative Commons Attribution-NonCommercial 4.0 International licence

Italian Prime Minister Giorgia Meloni and British Prime Minister Keir Starmer take a walk after meeting to discuss migration in Rome | Filippo Monteforte/AFP/Getty Images. All rights reserved

There’s no smuggling ‘kingpin’ to take down. Instead, Labour’s security rhetoric risks putting more people in danger

Labour lost no time burying the Conservatives’ tawdry Rwanda plan in favour of something a little more, well, Churchillian. In July, as he welcomed European leaders to Winston’s birthplace of Blenheim Palace, Keir Starmer framed border security not as some nationalist vote-fishing expedition but rather as a pragmatic British undertaking “at the heart of the Government’s reset with Europe”.

It would also involve fighting them on the beaches. Gangs would be suitably smashed, he told his guests, by a new Border Security Command armed with “counter terrorism-style powers”. Elsewhere Starmer has also enthused over Giorgia Meloni’s ‘upstream’ fight against irregular migration — including offshoring asylum processing to Albania and outsourcing crackdowns to Tunisia.

So far, so familiar. If there’s anything European political leaders of different stripes and nationalities have united around since the 1990s, it’s more border security. But what will a counterterror-style crackdown actually achieve this time around?

Is Labour offering anything new on migration?

For some of those relieved to see Rishi Sunak exit stage right, his meaningless “stop the boats” sign tucked under his arm, there are grounds for optimism. The counterterror rhetoric, they say, hides humane openings elsewhere, especially when it comes to breaking the massive backlog of asylum cases. Respecting the European Court of Human Rights also looks like a welcome return to normality – and legality.

Starmer has further promised that his approach will be more cost-efficient. That’s easy enough to believe, as it’s hard to imagine anything more wasteful than spending “£700m to persuade four volunteers to go to Rwanda,” as Starmer himself described it. Supporters will add that smuggling is a rapacious business. Going after its economics is key, as is respectful collaboration with partner states rather than grandstanding. Reinstating EU returns (lost after Brexit), cracking down on smugglers, and expediting asylum cases will work where ‘invasion’ rhetoric failed.

In this take, Starmer offers strategic “competence with compassion” that also helps placate the tabloids. It’s a method that, if it works out, means everybody wins except the cold-hearted smugglers.

Not so fast. A brief look at the past decades’ border dynamics suggests that Starmer’s initiatives may well end up being as gimmicky as those they replace. If politicians genuinely want to stop profiteering as people drown in the English Channel or the Mediterranean Sea, they must first understand the drivers of migration and the smuggling business. Otherwise they will simply fail again – with more lives lost, and even harder rhetoric to come from the hard right.

Smuggling 101: supply and demand

It’s peculiar how difficult it is for mainstream politicians, who are otherwise so keen on market economics, to learn that human smuggling is a market driven by demand. It responds to incentives, and its strongest incentive by far is the disappearance of legal routes. The market is further buoyed by crackdowns of the kind seen around the Channel Tunnel in recent years. The displacement of routes has predictably increased danger and desperation – and thus reliance on professional smugglers. The border security system perversely feeds on the very problem it ostensibly combats.

True, deterrence-signalling measures may put a damper on the market – for a while. Cue Starmer’s nod towards Italy, where Meloni and her authoritarian Tunisian partner claim credit for bringing down maritime migration this past year. But sooner or later, the market will re-emerge unless the underlying dynamics and drivers are addressed.

Ever-tougher approaches targeting the supposed ‘kingpins’ have merely shifted the modus operandi

Reproducing new versions of the same threat and then combating them again is bad enough. But Starmer’s reference to counterterrorism — now accompanied by a doubling of the funding for the new Border Security Command — raises additional red flags.

Consider the US Homeland Security behemoth spawned by the George W. Bush administration after 9/11. Rather than changing dynamics at the US-Mexico border – the stage of spectacular enforcement all through the 1990s – it worsened it.

The cartels started playing an unpaid role in ‘prevention through deterrence’. At the same time, border crackdowns and technology imported from the war on terror pushed migrants away from smaller smuggling operations and into the hands of larger, more predatory players with the necessary economic margins.

Yet that inconvenient reality was never really acknowledged. As I heard some years ago, Customs and Border Protection bureaucrats repeatedly magicked up models showing their method ‘works’ by denting the revenue of smugglers and ramping up deterrence. It didn’t. Instead it reproduced a deadly dynamic and spawned fresh political crises.

Or consider Italy itself. Rome has deployed anti-mafia methods against smugglers, but it has little to show for these efforts except perverse results such as jailing a presumed “Al Capone of the desert”, who was later released in a case of mistaken identity. As the man’s lawyer said, “After three years, finally the judge confirmed what we have been saying: we had a farmer in jail and a smuggler at large.” The prosecutors kept insisting they had the right man, waging a war less on smugglers than on reality.

Fighting an elusive enemy

For years, ever-tougher approaches targeting the supposed ‘kingpins’ have merely shifted the modus operandi, in Libya and elsewhere. Instead of piloting a boat, the smugglers make passengers steer it. The latter then bear the legal — or lethal — consequences when it is seized or sinks.

People on the move, of course, also adapt their behaviour to crackdowns. As one Senegalese man explained to me 15 years ago, before his wooden fishing boat approached the Canary Islands, he threw “food, GPS and the compass into the sea”. The shift in tactics in response to enforcement has hugely increased the risk, pushing responsibility of the vessels onto migrants who cannot navigate or do not want to be seen doing so.

It is possible that Labour’s smuggling crackdown will not get stuck either in the bureaucratic swamp of ‘Homeland Security’, or get distracted by the catch-the-small-fry fracas. But its own alarmist rhetoric, combined with tabloid and Tory pressure, feed bureaucratic incentives to produce ‘results’ – and these are the easiest ways of showing such results. So beware the hyperbole: it makes meaningful ‘results’ more difficult to achieve.

Underneath all the tactics and rhetoric, however, a more fundamental analytical problem is lurking. Unless the threat has been correctly diagnosed, there’s little chance the remedy will work.

Starmer’s approach is based on the idea that smuggling is in the hands of very well-organised, transnational crime. That there is, somewhere, a kingpin to take down. But while it is true that human smuggling has become more predatory, profitable and professional as the market has grown with each short-sighted crackdown, that model is, at absolute best, extraordinarily incomplete.

The outsourcing of draconian migration controls has benefited repressive state and para-statal actors, while increasing the very dangers that drive people to move

Precision is needed, not alarmism. On the Spanish borders, for instance, politicians, police and reporters for years talked of ‘mafias’, even while small operators and migrants themselves kept organising crossings.

‘Upstream’, in North Africa and the Sahel, the authorities themselves are involved. They benefit from the security largesse provided by their European ‘partners’ in fighting irregular migration, and from the ever-increasing bribes needed to evade their own controls. Rather than a straightforward ‘battle’ between clear adversaries, we see here more of a symbiosis between the border security and smuggling businesses.

The outsourcing of draconian migration controls has benefited repressive state and para-statal actors, such as Libya’s militias, while increasing the very dangers that are driving people to move with the aid of smugglers. If we account for this political dynamic, Meloni’s ‘success’ looks fragile indeed. It is based on a drop of arrivals in 2024 from the previous year. Yet the chaos in Italian ports in 2023 was, to no small extent, the result of Tunisia’s president using African migrants as a bargaining chip with Europe.

Kelly Greenhill has called it “weapons of mass migration”. It’s something the EU says it wants to combat. Instead, European leaders seem to be rewarding it.

The smuggler factory

A ‘counterterror’ approach to smuggling, combined with further reliance on non-European buffer states, risks further skewing the border-crossing market from smaller players to more organised and rapacious ones while shifting the risks from smugglers to their increasingly desperate passengers. This, in turn, risks fuelling the trend towards captive markets that we see today from Libya to northern Mexico.

It’s been said many times that a ‘war on smugglers’ swiftly turns into a war on migrants. As David Keen and I show in our book Wreckonomics, politicians have kept learning the wrong lessons from their various short-sighted ‘wars’ against smuggling, terror, crime and drugs.

They keep choosing to go in hard with the security theatre and target the symptoms not the causes, hoping to reap short-term electoral rewards. They keep producing figures showing that the ‘fight’ is succeeding – and numbers may even really go down for a bit. But they don’t create sustained change. Look at the long term and we see above all a displacement of routes and methods – whether in the Channel, the Mediterranean or across the Rio Grande – with a corresponding boost for the smuggling market.

Starmer may still play smart and prioritise reinstating European returns, speeding up processing, and going after the big players and the money. The UK does not have Italy’s Mediterranean border, after all, and its main ‘outsourcing’ partner is France not Libya.

But in this context, it’s all the more worrying that we hear the language of counterterror and ‘upstream’ controls dominate the messaging. If the measures don’t match the problem, and if the relevant actors themselves remain poorly understood, the problem will simply keep being reproduced — as indicated by the past two decades of Labour and Tory enforcement efforts around the Channel.

For a more visionary political figure there is surely a chance here to offer a different kind of security

To Starmer’s supporters — eyeing tabloids and Faragists on the warpath — the gambit may still look appealing, or at least like some kind of lesser evil. Yet here awaits one further fallacy. For if there’s one other group besides smugglers that has predictably and consistently gained from ‘securitisation’ over the past decades, it is the far right.

Offering a lighter version of hard-right securitisation simply increases voter appetite for the full-fat version. The political appeal of repeatedly announcing an ‘emergency’ or ‘invasion’ is not based on numbers. Channel crossings, we know, are vanishingly small relative to overall immigration into the UK. But if the big politics of ‘small boats’ is not driven by numbers, the corollary is that even if Starmer were to get numbers down temporarily, the appetite for more border security would remain.

Starmer’s problem today is that of the left in general, which increasingly finds itself trapped in security logics — something we’ve equally seen in the recent US elections. This is unfortunate, since for a more visionary political figure there is surely a chance here to offer a different kind of security.

Instead of dismissing legal pathways, for instance, these could be reframed as bringing humanity, control and predictability to migration policy — while fundamentally creating a disincentive to use smugglers, as border guards themselves often insist.

Instead of trumpeting ‘counterterror’, there is scope for a sophisticated overarching strategy against organised crime and exploitative actors that targets the regulations and loopholes that these actors feed upon. This means working inland, where the exploitation of migrant labour, for instance, is a huge and neglected problem. Waiting in the wings is also a much wider conversation about how politicians’ economic choices and foreign policy fuel migration and displacement.

But all this involves open democratic debate and oversight. Counterterror approaches have tended to do the opposite: fuel a fear-based politics, increase secrecy, sidestep audits, benefit the big criminal players and corrupt partner authorities. They also unfailingly feed the very crises forcing people to leave countries such as Afghanistan in the first place.

A Churchillian rhetoric of unity-through-security is tempting. So is the language of counterterror. But to end with a warning from the failed war on terror, let’s perhaps listen to Richard C. Holbrooke, the US special representative to Afghanistan and Pakistan, who said: “We may be fighting the wrong enemy in the wrong country.”

Starmer may at least be in the right country. But if he insists on misunderstanding the problem he will confront the wrong enemy yet again.


Explore the rest of the series

This series looks at how the UK, EU and bordering countries are increasingly treating migration as a criminal offence, and targeting migrants and solidarity actors in the name of ‘anti-smuggling’ and ‘border control’.

Original article by Ruben Andersson republished from Open Democracy under a Creative Commons Attribution-NonCommercial 4.0 International licence

Continue ReadingStarmer’s counter-terror plan for migration woefully misses the mark

Starmer’s new immigration bill is just as racist as the Rwanda plan

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Original article by Julia Tinsley-Kent Fizza Qureshi republished from Open Democracy under a Creative Commons Attribution-NonCommercial 4.0 International licence.

Starmer announces plan to stop the boats in May 2024 | Dan Kitwood/Getty Images

The UK immigration system is racist by design. The Border Security Bill will make it worse

Over the past few years of increasingly hostile migration policies, many in the migrant, including refugee, charity sector have looked to the dawn of a new government with eager anticipation. Surely, a Labour government would undo so many of these cruel anti-migration laws and mark a more ‘progressive’ chapter in migrant rights?

Unfortunately, at the Migrants’ Rights Network, we have not shared this optimism.

While the new government wasted little time in scrapping the infamous Rwanda Plan (and rightly so) it has diverted funds from that scheme into yet another anti-migrant policy in the form of the Border Security, Asylum and Immigration Bill. The announcement of this bill proves our caution was completely justified. It’s simply a continuation of the UK’s track record of enacting immigration policies that disproportionately impact people of colour.

We only have to look at the record of the last Labour government to see that they are no different to the Conservatives in embedding anti-migrant policies and rhetoric. Let’s not forget it was a Labour home secretary who first coined the term ‘hostile environment’ and it was New Labour that brought in the restrictive Immigration and Asylum Act 1999 and Nationality, Immigration and Asylum Act 2002, which laid the foundation for the hostile environment policies of the past 14 years.

In the past year itself, now-prime minister, Keir Starmer, has made plenty of not-so-subtle signs indicating what approach his government would take towards people seeking safety, including a promise to treat so-called ‘smugglers’ like “terrorists”.

Fast forward one year and these ideas have materialised in the form of the new Border Security Bill. The bill was announced as part of the King’s Speech and is part of a turn towards approaching migration through counter-terror, making space for even greater surveillance of and denial of rights for migrants, including refugees.

This dangerous bill would introduce powers previously been confined to alleged terror offenders, including travel bans and restrictions in the UK and abroad, restrictions on access to the internet and banking, and the ability to apply these measures before someone is even convicted of smuggling offences.

UK’s immigration policy has always been racist

Successive UK governments have essentially tried to ‘outdo’ each other when it comes to making the lives of migrants, including refugees, and racialised communities unbearable. In fact, these rafts of policies stem from a long history of targeting ‘unwelcome’ groups based on colonial constructions of the ‘threat’ and who are considered to be of ‘good character’.

In the Migrants’ Rights Network’s new Hostile Office report, we demonstrate that from the 1905 Aliens Act to the inhumane Migration Act 2023 (Illegal Migration Act), as well as the suffering of the Windrush victims and the government’s ability to deprive people of their citizenship, it should be evident to all of us that immigration laws are underpinned by a desire to limit the presence and freedom of racialised people in the UK.

Proposed powers in the new Border Security Bill would enable border force officers to search people and examine and seize their belongings, including copying data from and retaining people’s mobile phones, without a requirement for reasonable suspicion. It mirrors Schedule 7 of the Terrorism Act 2000, where someone can be arrested and convicted for refusing to hand over sensitive and personal information, including passcodes to devices, in addition to failing to answer all questions or refusing to provide biometric data – all without the need for reasonable suspicion.

However, implementing counter-terrorism policies into immigration is hardly surprising or new. It marks just another chapter of an increasingly cruel, racist and Islamophobic trajectory in the immigration system.

Take citizenship laws, for example. Deprivation of citizenship and counter-terror laws are linked: most cases of deprivation on ‘public good’ grounds have been justified using counter-terror legislation. We have been campaigning against the expansion of deprivation of citizenship powers and highlighting the racist, Islamophobic nature of them.

Since the 2003 ‘Hamza amendment’ to the British Nationality Act 1981 (an amendment that was passed specifically to deport one man, Abu Hamza, a naturalised British citizen), of those who have had their citizenship revoked since 2002, the majority of people affected have been British Muslims.

Our findings show that between 2002 and 2022, 85% of those stripped of their citizenship had, or were deemed to have, nationalities of countries in Africa, South Asia or West Asia (the Middle East) and 83% were from former British colonies. Of this, 41% were South Asian, all being Pakistani or Bangladeshi.

It is, therefore, not a huge leap to understand that the presence of counter-terror measures serves to limit the freedom, security and sense of belonging for racialised people in the UK, particularly those from a Muslim background.

Meanwhile, in December 2023, the Home Office published an Independent Review of Prevent’s report and the government’s response by William Shawcross (Independent Reviewer of Prevent) in which he recommended the Government explore extending Prevent into the immigration and asylum system. Make no mistake, linking the racist criminal (in)justice and counter-terror systems will further the harm and punishment to people seeking safety and a new life. It will do nothing to target the true roots of why people migrate and are forced to make dangerous border crossings.

The answer to a lack of safe routes is not further criminalisation through the introduction of counter-terror powers, which are often opaque and almost impossible to challenge. This lack of safe routes is why brokers exist, to capitalise on people’s desperation.

The Border Security Bill, and the counter-terrorism approach as part of a package deal, will just continue a long tradition of punishing people of colour at the UK border.

Original article by Julia Tinsley-Kent Fizza Qureshi republished from Open Democracy under a Creative Commons Attribution-NonCommercial 4.0 International licence.

Continue ReadingStarmer’s new immigration bill is just as racist as the Rwanda plan

Right to Asylum Must Be Protected in EU, Says Human Rights Coalition

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Original article by Jessica Corbett republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0).

The Doctors Without Borders vessel Geo Barents intercepted two small boats full of migrants navigating toward Europe
in the Central Mediterranean on March 16, 2024. (Photo by Simone Boccaccio/SOPA Images/LightRocket via Getty Images)

“As this legislative cycle starts, the E.U. can and must do better than abandon its commitment to the global refugee protection regime,” said an Amnesty campaigner.

Nearly 100 human rights organizations came together Tuesday to emphasize that members of the European Union “must guarantee the right to seek and enjoy asylum and uphold their commitments to the international refugee protection system.”

The joint statement from groups including Amnesty International, Human Rights Watch, and Oxfam came as members of the European Parliament prepare for the July 16 plenary sitting, the first meeting scheduled since the bloc’s June elections, which resulted in the far-right “Patriots for Europe” becoming the third-largest alliance in the legislative body.

The human rights coalition underscored obligations under Article 18 of the E.U. Charter of Fundamental Rights and expressed concern about “the recent and increasing attempts by the E.U. and its member states to evade their asylum responsibilities by outsourcing asylum processing and refugee protection risk undermining the international protection system.”

As the groups detailed:

Italy, for instance, is currently seeking to process asylum applications of certain groups of asylum-seekers outside of its territory, from detention in Albania—which risks leading to prolonged, automatic detention, a denial of access to fair asylum procedures with necessary procedural guarantees, and delayed disembarkation for people rescued or intercepted at sea. Others, such as Denmark and Germany, are assessing the feasibility of this type of arrangement. Fifteen E.U. member states and some political groups have endorsed similar shortsighted measures to shift asylum processing outside E.U. territory and encouraged the European Commission to explore ways to facilitate this through further legislative reform, including through a watered-down ‘safe third country’ concept.

These attempts must be seen in the context of parallel containment efforts that seek to stem departures and prevent the arrival of asylum-seekers to E.U. territory through partnership agreements with third countries, with little to no attention to the human rights records of those authorities.

The coalition stressed that “as the extensive track record of human rights violations in partner countries such as Libya demonstrates, the E.U. and Member States have no adequate tools and competencies to effectively monitor or enforce human rights standards outside of E.U. territory.”

A report published in November by Doctors Without Borders features stories of violence that migrants endured in nations including Libya and Tunisia while trying to get to the E.U. That publication also points out that 2023 was the deadliest year for migration in the Central Mediterranean since 2017, due in part to E.U. countries failing to assist those at risk of drowning.

In addition to sounding the alarm about current E.U. policies and practices, the coalition on Tuesday cited examples including Australia’s offshore detention scheme, which “demonstrates how these models have created prolonged confinement and restricted freedom of movement, deeply harming both the mental and physical health of people seeking protection.”

The organizations also pointed to an asylum scheme attempted by the United Kingdom—which left the E.U. in 2020 following the 2016 Brexit vote—and Rwanda, which the statement notes “is not yet in effect following the U.K. Supreme Court declaring it unlawful and in any event is unlikely to be operationalized at any significant scale.”

The U.K.’s failed attempt to forcibly remove people to the African country was “projected to cost a staggering £1.8 million per asylum-seeker returned,” which is equal to €2.13 million or $2.3 million. The coalition called such schemes “not only an unjustifiable waste of public money, but also a lost opportunity to spend it in ways that would truly aid people seeking asylum by investing in fair and humane asylum systems and the communities that welcome them.”

Olivia Sundberg Diez, Amnesty’s E.U. advocate on migration and asylum, said in a statement Tuesday that “attempts by states to outsource their asylum responsibilities to other countries are not new—but have long been criticized, condemned, and rejected for good reason.”

“Just as the U.K.-Rwanda scheme is, rightly, collapsing, the E.U. and its member states should pay attention, stop making false promises, and wasting time and money on expensive, inhumane, and unworkable proposals,” she continued. “As this legislative cycle starts, the E.U. can and must do better than abandon its commitment to the global refugee protection regime.”

The meeting scheduled for next week will follow the Pact on Migration and Asylum that the European Parliament passed in April and the Council of the E.U. adopted in May. The coalition highlighted that “civil society organizations have been clear about their serious concerns” regarding the reforms while also explaining that “the transfer of asylum-seekers outside of E.U. territory for asylum processing and refugee protection is not provided for in the pact, nor within current E.U. law.”

“After the E.U. and member states have spent close to a decade attempting to reform the E.U.’s asylum system, they should now focus on implementing it with a human rights-centered approach that prioritizes the right to asylum per E.U. law and fundamental principles of international refugee law to which they remain bound,” the coalition concluded. “They should not, mere weeks after the reform has passed, waste further time and resources on proposals that are incompatible with European and international law.”

Original article by Jessica Corbett republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0).

Continue ReadingRight to Asylum Must Be Protected in EU, Says Human Rights Coalition

James Cleverly humiliated as recording of aide describing ‘crap’ Rwanda policy leaks

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https://morningstaronline.co.uk/article/james-cleverly-humiliated-recording-aide-describing-crap-rwanda-policy-leaks

Home Secretary James Cleverly speaking to the media outside BBC Broadcasting House in London, after appearing on the BBC One current affairs programme, Sunday with Laura Kuenssberg, June 23, 2024

HOME SECRETARY James Cleverly was left red-faced today after a recording of his parliamentary aide describing the Rwanda policy as “crap” was leaked to the BBC.

James Sunderland, who is standing for re-election in Bracknell, made the comments after asking if no-one was recording at a Young Conservatives’ event in April.

“The policy is crap, OK? It’s crap,” he said, but argued that the effect of the policy was what mattered. “There is no doubt at all that when those first flights take off, that it will send such a shockwave across the Channel that the gangs will stop.”

On Sky News today Mr Cleverly insisted that Mr Sunderland was “very supportive” of the plan to send asylum-seekers on a one-way trip to the east African country.

https://morningstaronline.co.uk/article/james-cleverly-humiliated-recording-aide-describing-crap-rwanda-policy-leaks

Home Secretary James Cleverly issues guidance that contradicts parliament's intentions to chase votes.
Home Secretary James Cleverly issues guidance that contradicts parliament’s intentions to chase votes
Continue ReadingJames Cleverly humiliated as recording of aide describing ‘crap’ Rwanda policy leaks