For women migrants and refugees, justice instead of policing!

 


“They are conscious of their impending death, still they would rather float out to sea. That makes one ponder the conditions of life for many in the world,” a woman rescuer on the Aquarius told me. The Aquarius is one of the rare vessels still rescuing people on the border of the territorial waters of Libya. The women, men, and children who embarked on flimsy dinghies after having been dispossessed by all the agents of this drama finally land in Europe. The reasons of the conditions that made them flee are not discussed; what is discussed is constraining the flow they form and managing those people. Although they experienced many levels of torture, they still must “convince the authorities” of their need for protection.

In 1951 in Geneva, the international community agreed on a convention on the protection of refugees. They decided that asylum should be granted to people fleeing persecution or serious harm in their own country. It was the time of post WWII international conventions, when the narrative was “never again.” The convention affirms that no one should be expelled against her or his will to a territory where she or he fears threats to life or freedom.

The main industrial countries have reinterpreted the convention they ratified. As Patrick Young, an attorney for the Central American Refugee Center (CARECEN), told us, in the United States this is the worst period for immigrants in his lifetime and he has been working in immigration for decades. He also told us that they had seen no refugees coming since the election.

The European governments have been designing policies to close their borders to refugees and migrants. In countries previously known to welcome migrants – such as Sweden, Denmark, Norway, Finland, Hungary – anti-immigrant parties have reached unprecedented levels of representation. As a result, those countries have aligned their immigration policies with the more conservative countries. In 2015, the Swedish population grew by an additional 1.6 %, thanks largely to the arrival of 163 000 refugees. As elsewhere, Sweden’s discourse of public debt and unemployment rates has included immigrants as an aggravating factor. This triggered horribly restrictive asylum policies, placing Sweden at the bottom of the 32 European countries. Meanwhile, the Schengen free circulation agreement in EU countries has fallen apart. Now the Swedish border patrol requires passport or photo IDs, even at the iconic Øresund Bridge border between Copenhagen and Malmö.

While asylum policies vary from country to country, they have all been tightened, especially in countries where these policies had been rather generous. Most recently, the newly elected French President announced that he wanted to reform France’s asylum process. He claimed this would provide a more human and just process and at the same time insisted on the importance of managing the problem of smugglers as well as discouraging people from trying to reach Europe.

While President Macron spoke fine words about humanizing French asylum policies, his Interior Minister was showing a “tough on immigration” face. France has not been very welcoming to asylum seekers and the application of its asylum policies does not respect the notion of protection that the Geneva Convention commands.

The Paris-based Primo Levi Center assists women, men, and children who have faced political violence, rape, torture, humiliation, persecution. They provide long term treatments to their patients. Typically, their patients are referred to them up to 3 years after having drifted onto the coast of Europe. Despite having been tortured, 50 % of their patients saw their asylum applications rejected in the first round. The Center published a report that identified the breaches in the process that should have provided protection. They made strong recommendations, among them a reform of Ofpra, the office in charge of first addressing asylum applications, demanding that the office be put under the aegis of the Ministry of Justice as opposed to the current Ministry of the Interior. They demanded justice instead of policing.

The report identified variances of results between the different judges in charge of reviewing the cases and granting asylum, showing that judges’ biases about migrants are a determining factor. In the current climate of “de-welcoming” refugees, refugees are often seen as liars who mislead the officers recording their testimony. This perception obscures the reality of torture that the asylum seeker has lived through. Torture excludes people. Once in Europe the torture continues as the refugees continued to be excluded. As one of the Primo Levi’s patients explained, “How do you make them believe that I was forced to eat parts of a fetus pulled out of the body of a woman who had been executed in front of me by a soldier.” Half of the refugees/migrants are women, who have been raped, abused during their trip, used as weapon of war and then face gender inequality when applying for asylum.

There is no time in these interviews to recognize the psychological trauma of the victims of torture. Now, the President’s reform will accelerate that process. If the improvement of protection rate observed in 2016 with an increase of 35 % compared to 2015 should continue, acceleration of the process shouldn’t mean officers are obsessed with identifying the good refugee from the fake refugee, essentially the economic refugee. Instead, they should give refugees the benefit of the doubt.

The paradigm must change, as determined defender of human rights Giusi Nicollini, Mayor of Lampedusa, declared when she received the Simone de Beauvoir Award, “The people who fled violence defied death, they are a modern example of heroism.” She identified the situation of migrants/refugees to be the new apartheid, a new holocaust. Giusi Nicollini lost her seat in the last election to someone who campaigned on tougher measures toward refugees. The role of conventions and their legality must be reinforced. We must switch the rationale from the balance of power to the balance of justice.

 

(Photo Credit: Yahoo / AFP / Carlo Hermann)

In the US and Europe: women, migrants, and injustice

Two news stories worthy of comment today: first, The New York Times reported yesterday that a nine-man, three-woman jury acquitted a young man from the elite prep school of St. Paul’s of rape charges, even when his 15-year-old victim reiterated over and over, that she had said “no” to her rape, several times during the ordeal.

What part of “No means No” did this jury not get?  In the twenty-first century?

The defense lawyer’s bizarre and illogical closing argument, which clearly found favor with at least some of the jurors, was this: “He’s not a saint. He’s a teenager.”  As if all male teens (and all men, it seems to imply), unless they are saints, will rape and assault young girls, and that that is a normal, acceptable thing; as if somehow, rape by teenagers should not be named or punished in the same way as rape by those who are not teenagers.  One of the six men who brutally raped and killed the bus commuter Jyoti Singh in Delhi in 2012 was a 17-year-old teenager.  Describing someone’s age status is not an argument. It is shameful that it became one, with a whole set of unspoken assumptions about acceptable sexual behavior, and seems to have been accepted by a majority of the members of that jury.  How this majority male jury was selected to decide a case involving a young girl’s rape, gender bias, and other serious concerns about this grave failure of the justice process also emerge.

The other story takes us to violence against a different vulnerable population: those Syrian, Iraqi, Eritrean, and Afghani refugees dying on Europe’s roads and shores, in its fields and seas– those that European countries and international media dishonestly and dehumanizingly call “migrants.”  As Hannah Arendt forcefully argued, based on the experience of Jewish refugees in the mid-twentieth century, these minorities have lost the protection of their states, and are “stateless people” – NOT “migrants.”  Even the term “refugee,” she argued, hid from view the fact that these people were in the position they were in because their states could/would no longer protect them and their basic human rights.  Instead of dehumanizing these stateless people by building more walls and pushing them out to sea, Europe needs to deliver on its promises in the 1951 Geneva Convention—made in the wake of the independence of most of the world from over 300 years of brutal British and European exploitation, dehumanization, enslavement, and colonization—to respect and protect the human rights of refugees.  Somini Sengupta nailed it when she noted, “Countries are free to deport migrants who arrive without legal papers, which they cannot do with refugees under the 1951 convention. So it is not surprising that many politicians in Europe prefer to refer to everyone fleeing to the continent as migrants.”

If European states refuse to help these human beings and turn them away from refuge, they are no better than the state governments people are fleeing. In the dissembling name “migrant” that denies people their history and human identity, Europe simply reproduces the inhumane state violence of those regimes it disparages.

 

 

(Photo Credit 1: Telesurtv.net) (Photo Credit 2: EurActiv.com)

They have no names: Europe’s unmournable women

There is the work of mourning, and then there is the labor of the unmournable. Two weeks ago, the Institute of Race Relations published Unwanted, Unnoticed: an audit of 160 asylum and immigration-related deaths in Europe. Of 160 deaths from January 2010 to December 2014, 123 resulted from the immigration and asylum system. While the numbers are chilling, this is pure ice: “Because migrants who suffer inside Europe are denied access to welfare, entombed within detention centres or forced into a sub-subsistence life at the very margins of society, their deaths are unmournable, or, to use a phrase that one would have hoped would be obsolete, ‘Life unworthy of life’ (Lebensunwertes Leben).”

The numbers and data come from largely from local media reports and from local migrant and anti-racist support groups. Many governments don’t keep records of migrant deaths, and the ones that do are filled with black holes. The 160 is both a snapshot and the tip of a growing iceberg, and here’s a picture of the world of the unmournable: “In too many cases, those who die are unidentified. Sometimes only a nationality and an age are recorded, sometimes not even that. None of the twenty-three who died in Norway’s reception centres are identified, and we know the names of only four of the eighteen who died, mostly in direct provision hostels, in Ireland in the past five years. Eight of those who died in Greece are unidentified, seven of the dead in France, eleven of those who died in Germany. In such cases, the dead are in a very literal sense ‘unmournable’.”

The dead are in a very literal sense unmournable, and among those dead, the women are even more so. Of the 123 who died as a consequence of the immigration-and-asylum system, 13 were women. Some of them, like Samba Martine and Christine Case, are well known. Others, like Alta Ming, Tatiana Serykh, and Yeni P. should be. And the remaining 8, more than half of the group, are “unidentified.” These women are the unmournable unmournables. Their families may not know, their friends and even those who hunted them down don’t know, and the nation-States where they died refuse to know.

Of the 123 people who died as a result of the immigration-and-asylum system, 60 committed suicide. Of the 13 women who died in this nightmare, only three committed suicide. Three others died of “illnesses”, which means they were left to die. Christine Case was left to die in Yarl’s Wood. Samba Martine was left to die in the Aluche immigration detention center in Madrid. Alta Ming was left to die by both France and the Netherlands. One woman, an unidentified Nepalese undocumented migrant in Cyprus, heard police enter her building. Thinking it was a raid and fearing deportation, she jumped from a fifth-floor balcony to her death. There was no raid, and there has been no subsequent investigation. That was 2012. Three years later, she remains “unidentified.” Undocumented even in death.

And then there’s the Irish Five: five unidentified women asylum seekers who died of “unknown causes”. Two died in 2010, two in 2012, and one in 2013. Unidentified, unknown, unmournable.

This is the house of unmourning, and within its walls women are. They have no names.

 

(Photo Credit: David Sleator / The Irish Times)