We can’t talk to the imprisoned women, but we can chant with them

Saturday, 5th of March 2011

It is wet and foggy in the fields of Bedfordshire and our shoes fill with mud as we walk away from the group of policemen that have followed us in a circle along the fences of Yarl’s Wood migrants’ detention centre. This Saturday, the 5th March, as women demonstrate in London at the start of International Women’s Week, a group of migrant rights, no border and feminist activists travel to Bedford to bring our solidarity to the migrant women (and men) detained in Yarl’s Wood. We manage to reach the women locked in one of the units. At a distance, we can’t talk to the imprisoned women, but we can chant with them. We cannot hear exactly what they say but one message arising across the barbed wires is simple, loud and clear: ‘freedom, we want freedom’.

Yarl’s Wood is one of the seven privately run ‘Immigration Removal Centres’ in the UK, detaining ‘irregular migrants’ on behalf of the UK Border Agency. Initially the building accommodated 900 people in two blocks, making it the largest immigration prison in Europe. In February 2002 the capacity of the centre was reduced after one of the buildings was burnt down during a protest organized by detainees against staff harassment. At present the centre is composed of 4 units ‘hosting’ about 400 people.

In February of last year, the situation in the removal centre again exploded. The horrible conditions of detention were denounced by migrant detainees as some women decided to start a hunger strike demanding an end to indefinite and abusive imprisonment. In an attempt to end their protest, the management subjected many of the women to violent attacks and various forms of punishment. At that time six women detainees, accused of being ‘ring-leaders’, were moved into isolation and prisons.

On the 25th January, after almost a year in Holloway prison, Denise McNeil, one of the `leaders’, was granted bail at an immigration court. Two women still remain in jail without charge: Aminata Camara and Sheree Wilson. Activists from the campaign to Free the Yarl’s Wood 3, including members of No One is Illegal, No Borders, Crossroads Women’s Centre, Communities of Resistance, Stop Deportation Network and members of the RMT, filled the court for Denise’s bail hearing. They provided an important support and will keep campaigning ‘for Sheree and Aminata and all the people in Yarl’s Wood until the centre will be closed’. (For updates, see Free the Yarl’s Wood 3 campaign Facebook page http://www.facebook.com/pages/Free-Denise-Now/174533002581566 and Twitter feed: @freedenisenow. Also see the NCADC site: http://www.ncadc.org.uk/campaigns/DeniseMcNeil.html).

The reasons for the detention of people in centers like Yarl’s Wood are multiple, and sometimes quite different. One of the activists involved in the campaign to support the hunger strikers explained to me that many of the women who end up in detention have already served a prison sentence, often for a minor offence, such as using fake documents to travel or work. Rather than being released, these women are transferred back to detention as a ‘second punishment’ where they wait for their immigration case to be cleared and eventually granted status or deported. They are trapped in an indefinite space of juridical and existential limbo, from one prison to the other, on the grounds that their migration case is still ‘pending’: they cannot be returned to their country of origin (on complex juridical or humanitarian grounds), and yet their status as asylum seekers is not recognized either.

Denise has just been released on bail, and her status, as well as her future stay in the UK, remains uncertain. However, her case shows how important the external support of migrants’ rights activists to sustain legal individual cases can be by helping access legal advice and to build publicity around their otherwise invisible stories.  While it may appear only a small achievement, these forms of solidarity provide the migrant women with encouragement and help instill confidence as they engage in the hard battles for freedom of movement and the right to stay in a country where they have worked and toiled for many years. In many cases the women are ‘caught’ by the UK Border Agency after many years of residence in the country, where they have probably built a family, found work and made a home. This is a typical story for the women detained in Yarl’s Wood.

(Photo Credit: Open Democracy / IndyMedia.UK)

The Parable of Yarl’s Wood

You have been a refuge for the poor, a refuge for the needy in their distress, a shelter from the storm and a shade from the heat. For the breath of the ruthless is like a storm driving against a wall and like the heat of the desert.  — Isaiah 25: 4-5

“For I was hungry and you gave me something to eat, I was thirsty and you gave me something to drink, I was a stranger and you invited me in…I was sick and you looked after me, I was in prison and you came to visit me.”… “I tell you the truth, whatever you did for one of the least of these brothers and sisters of mine, you did for me.”  — Matthew 25: 35-40.

Once, providing asylum to those who needed it was considered a sacred act. In the Book of Numbers, God ordered Moses to create “cities of refuge” or “cities of asylum,” for those fleeing unjust punishment. International conventions written following the Holocaust and World War II confer refugee status on people who face persecution, abuse, torture, or death in their own countries. And even today, the immigration laws of most Western countries have provisions for granting asylum to such refugees—in theory at least. In practice, it’s a different story. In the United States, refugees seeking protection have often found themselves in prison instead. In the United Kingdom, the situation is just as bad or worse.

The United Kingdom has eleven `immigration removal centres.” Seven are privately run. Six are run by G4S, the world’s largest security provider. The seventh, Yarl’s Wood Immigration Removal Centre, is run by Serco. Of the seven prisons, two house women. Tinsley House holds 5 females. Yarl’s Wood has 405 `bed spaces’, which divide into 284 single female bed spaces; 121 family bed spaces. Serco has responsibility for practically all the women and children who apply for asylum.

On February 5, at least 50 women prisoners at Yarl’s Wood went on a hunger strike, which they suspended on March 19. They may resume the hunger strike on April 9.

The women were protesting the Detained Fast Track Asylum System, which discriminates against those fleeing sexual and domestic violence. It is estimated that over 70% of the women at Yarl’s Wood are rape survivors. They were also protesting the length of time many had been detained. One woman who spoke little or no English had been at Yarl’s Wood for two years. Generally, they were protesting degrading and humiliating treatment.

According to Nigerian asylum seeker Mojirola Daniels, on February 8 about 70 women were herded into a long airless hallway and then locked down. They were denied access to toilets, water, anything. There was no heat. Women suffered hypothermia. Blood, urine, faeces covered the floor. Some women passed out. Others were beaten. Finally, hours later, the women were allowed to leave, in pairs: “We were about 70 which consist many Nigerians, Chinese, Jamaicans, Zimbabweans and some nationals that I do not remember. I have been traumatised and victimised because of this experience. I can never believe this can happen in the UK and I am still in shock.”

Another woman reported: “One of the managers told the women they would regret what they have done; she called the Chinese women monkeys, and the Black women black monkeys. Four other women have been locked in other rooms for three hours, and have been told by room mates that their belongings have been packed. They are worried they face immediate removal even though their cases are still being considered. Fifteen women have been locked up in “Kingfisher”, the punishment wing.”

Hunger striker Aisha and non-participant Victoria agree on the conditions in Yarl’s Wood.

35 year old Jamaican asylum seeker Denise McNeil was identified as a `ringleader’, moved to another prison, and placed in solitary. Gladys Obiyan from Nigeria, Sheree Wilson and Shellyann Stupart from Jamaica, and Aminata Camara from suffered a similar fate. Others were suddenly `repatriated’. Leila, an Iranian prisoner, had been at Yarl’s Wood for 20 months, 15 days. After taking part in the hunger strikes and other protests she was placed in solitary: “I want to kill myself, I cannot live here”. Women do try to kill themselves at Yarl’s Wood.

The women are suing Serco. Their lawyers noted: “Serco guards intervened, and according to accounts from our clients “kettled” protestors inside and outside the building, injured some and locked the “ringleaders” in isolation for more than two weeks.”

There will be investigations and trials; poems, plays, and performance pieces; testimony and more. Perhaps the fast-track asylum system will be slowed down. Perhaps detention for women who have been tortured and rape will come to an end. Perhaps no more children will be sent to immigration removal centres. One can hope for these changes.

But asylum will not come until we have cities of refuge: Asylum is a sacred responsibility, not only around Passover or Easter or any other holiday. The building of cities of refuge begins with the end of automatic asylum seeker incarceration. The end of automatic asylum seeker incarceration begins in practice. End the practice of shame and isolation of women asylum seekers now. Walk with the women hunger strikers, the innocent prisoners of Yarl’s Wood, for they are the architects and the carpenters of the cities of refuge to come.

[In a very slightly different form, this was posted at Solitary Watch. Thanks to Solitary Watch, and Jean Casella in particular, for the invitation, editing, and for their great work and labor.]

 

(Video Credit: visionontv / YouTube)

 

What is left: after solitary confinement in schools

Prison is a bad place for children. Solitary confinement is worse yet. Extended solitary confinement is lethal. These are not surprising statements, and the news that underwrites them, though dismaying, is not particularly shocking.

Immigration detention centers in the US, such as the Eloy Detention Center in Arizona, run by Corrections Corporation of America, or the Reeves County Detention Center, run by GEO, are lethal, fatal black holes for all residents. Joe Arpaio’s jail in Maricopa County is only the best known example of humiliation and terror against all Latinas and Latinos, irrespective of status, and which results in increased anxiety and mental health problems for Latina and Latino children.

And it is estimated that more than 60 of those held in Guantanamo were under 18 when they were arrested and sent to Cuba.

In England, Yarl’s Wood Immigration Removal Centre is so terrible for children that the entire nation is now considered unsafe for children of immigrant parents, including those seeking asylum and refuge. The place literally drives children mad.

Juvenile centers in the United States report that sexual abuse of prisoners, by other prisoners and, more, by staff, is off the charts. In 2008 – 2009, in more than a few juvenile detention centers, a recent study suggested that nearly one out of every three prisoners suffered some sort of sexual abuse.

When children go to prison, how are they educated? According to some, they’re not at all. California is being sued in a federal class action case for failing to educate youth in their `probation camps.’

These are terrible and tragic and all too familiar. Prison is a bad place, after all. Bad things happen.

Those bad things that happen to children are not restricted to prisons. Take “seclusion rooms”, for example: “Seclusion is the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving. This includes situations where a door is locked as well as where the door is blocked by other objects or held by staff.”

This happens in schools all over the United States.

In the state of Georgia, public schools have “seclusion rooms,” solitary confinement cells. The doors are double bolted on the outside: “Seclusion rooms are allowed in Georgia public schools provided they are big enough for children to lie down, have good visibility and have locks that spring open in case of an emergency such as a fire. In 2004, Jonathan King, 13, hanged himself in one such room, a stark, 8-foot-by-8-foot “timeout” room in a Gainesville public school.” Time out. When schools put children into solitary confinement, what time is left?

What is left for Jonathan King’s parents, so many years later? Pain, anguish. Only now is Georgia finally responding by considering a law that protects all students from seclusion and restraint. It only took the State legislature six years … equal to almost half of Jonathan King’s entire life.

In May 2009, the Missouri state legislature passed a law giving the school districts two years in which to devise written policies governing the use of seclusion rooms. Before that, there were no policies, only the practice of solitary confinement of school children without a single written guideline or rule. This is now an issue in the upcoming GOP primary for State Senate. One candidate sees restrictions on solitary confinement of children as a violation of local sovereignty.

Florida state legislators are also considering a bill to restrict the use of restraint and seclusion. There are seclusion rooms all over the state school system, from elementary on up. Up til now, there has been no written policy.

Not surprisingly, solitary confinement is of particular concern to parents of children living with disabilities. Here are two stories from Florida:

When a twelve year old girl with autism repeated names of movies, shoved papers off her desk or waved her arms and kicked her legs toward approaching teachers, they responded by grabbing the eighty pound girl, forcing her to the ground and holding her there. This happened forty-four times during the 2006-07 school year.  She was held once for an hour, and, on average, twenty-two minutes at a time.  At least one incident left her back badly bruised.

When a seven year old girl, diagnosed with autism and bipolar disorder had her head pushed to the floor, the parents discovered several other frequent inappropriate uses of restraint and seclusion. The county where they live leaves it to individual schools to write their own policies on restraint or seclusion use.

These come from a 2009 report issued by the National Disability Rights Network: School is not supposed to hurt: Investigative Report on Abusive Restraint and Seclusion in Schools.  The stories come from all over the United States.

On the cover is the picture of a lovely, smiling seven year-old girl, from Wisconsin:

A seven year old girl was suffocated and killed at a mental health day treatment facility when several adult staff pinned her to the floor in a prone restraint.  This child, who was diagnosed with an emotional disturbance and Attention Deficit Hyperactivity Disorder, died because she was blowing bubbles in her milk and did not follow the time-out rules regarding movement.

Greenfield School District, outside Milwaukee, Wisconsin, applied to use Federal stimulus funds to build seclusion rooms in elementary and middle schools. The Wisconsin Department of Public Instruction recently rejected the application, instructing all school districts in the state that stimulus funds and special education funds not be used for that purpose. Greenfield is disappointed.

School is not supposed to hurt. It’s not only the children sent to isolation who suffer. What are the other children in the classrooms, in the hallways, in the school offices, who witness these acts and know of these rooms as part of the norm, what are they being taught? What becomes of a generation of child witnesses to torture?

 

(Video Credit: Vimeo/StopHurtingKids.com)

The rule of lawless

The United States immigrant detention system has been called a gulag. The California state prison system has been called a golden gulag. Millions of women, children, men inhabit severely overcrowded, ferociously under-resourced, rigorously unmonitored and opaque `centers’. This gulag has been likened to sites of bare life where national sovereignty is articulated by the power and capacity to kill and to reduce life to physical survival, and less. These descriptions are accurate, but they miss something. It turns out that the U.S. immigration detention system is just the most recent articulation of the rule of lawless.

The rule of lawless haunts the rule of law. In fact, when the rule of law looks in the mirror, it’s the lawless it sees, and then quickly names as dangerous other. This became clear this past week, when the Obama administration announced its intention to overhaul the immigrant detention system.

National Public Radio reported, “The Obama administration is planning to overhaul the nation’s immigrant detention system.” According to The New York Times, “The Obama administration intends to announce an ambitious plan on Thursday to overhaul the much-criticized way the nation detains immigration violators, trying to transform it from a patchwork of jail and prison cells to what its new chief called a `truly civil detention system.’” The Austin American-Statesman called it a larger and then, the next day, a broader “overhaul of the nation’s immigration detention system”.

Everyone cried overhaul. Overhaul, to change significantly, abruptly, swiftly, with force or violence.

The first site of this supposed overhaul is the T. Don Hutto Residential Center, in Taylor, Texas, a notorious private prison, run by the Corrections Corporation of America, and just down the road from Austin.

Hutto came to public attention over the past few years for its abysmal treatment of children and women. The ACLU, the Women’s Refugee Commission and others weighed in and waged mighty campaigns. Now, children will no longer be sent to Hutto. In fact, `families’ will no longer be sent to Hutto. They’re going to the Berks Family Shelter Care Facility, in Leesport, Pennsylvania.

But Hutto will stay open, as an all-women’s immigration detention center. Michelle Chen, of RaceWire, wrote a terrific piece, “New Direction for Detention?”, that explains in great detail what Hutto means for women, what immigrant detention has meant for women. It’s been terrible, and there’s no reason to think it will improve.

At the same time, and here’s where the rule of lawless kicks in, many think the only way to overhaul the system would be to actually overhaul the system. NPR reporter Michelle Brand interviewed NPR reporter Daniel Zwerdling on the overhaul. Zwerdling reminded Brand that immigrant detainees are “civil detainees”. They are charged with having broken civil, or administrative, laws, “like overstaying a visa”, but are housed with “regular criminals”, and so are treated accordingly: beaten, overcrowded. Many die for lack of medical care. Treated like prisoners in the U.S. system. Ask California, under order to release 43,000 prisoners. The difference is that the immigrants are, again, civil. As Zwerdling explained, “government officials have told me that 90 percent of the immigrants they detain never have a lawyer. So they can’t really even challenge their own detention.”

Why don’t they have lawyers? Because constitutionally, they don’t exist.

“Zwerdling: ` lawyers say the best way to make sure the jails treat immigrants humanely is to pass a law that requires it. Period.’

Brand: ` So, wait, there’s no law that says treat detainees humanely?’

Zwerdling: ` No, absolutely not. The detention standards are legally just guidelines, you know, so nobody can actually force the government and the jails to obey them.

And now some members of Congress have introduced bills that would turn those standards into law. And I asked the Homeland Security spokesman today, will you support that? And he said, no. And I said, why? And he did not give me an answer.’”

That, in a nutshell, is the rule of law. If no law says your category must be treated humanely, you have no legal, juridical protection. Period. And you will not get an answer from members of State about that. More accurately, radical silence shall be your answer.

According to Michelle Brané, Director of the Detention and Asylum program at the Women’s Refugee Commission, when it comes to immigrants, “Our current laws are unforgiving and unrealistic.” Yes, but our current system of non-laws is lethal.

This legal system is one of negation. Everywhere, this negation, this system of absence-of-law, this reliance on written law as the only means of preventing abuse and atrocity, as the only means of `protection’, this is the rule of lawless. The rule of lawless haunts the rule of law, and it targets women. Don’t send women to Hutto. Shut it down.

(Image Credit: WomensRefugeeCommission.org)