European Network on Statelessness Launches

Exciting news! The long awaited European Network on Statelessness has launched, and has a new website packed with blogs and resources. The aim of the Network is to draw attention to the estimated 600,000 stateless person in Europe, while presenting news and resources useful to people interested in the subject. They'll also have a blog presenting views from the different Network members. Membership is open to organizations, and already many great organizations have joined, such as the Equal Rights Trust, Hungarian Helsinki Committee, and Praxis Serbia. All are dedicated to the aim of promoting accurate information about the problem of statelessness in Europe.

With both government and civil society organisations often unaware of the problem, many stateless persons find themselves stuck in the margins of society without respect for their basic human rights. ENS was set up against this backdrop and to fill a perceived gap by acting as a coordinating body and expert resource for organisations across Europe who work with or come into contact with stateless persons.

Sounds great, right? So go check out the website, and encourage your organization to join!

Freedom of Movement Restrictions: Coming to a European Country Near You

This week has brought some distressing news for fans of freedom of movement. 

German newspaper Süddeutsche Zeitung has published a report revealing that the German and French Ministers of the Interior are seeking to modify the Schengen Agreemment, the treaty that allows for passport and visa-free travel throughout most of the territory of the EU. According to the letter, they seek to reintroduce border controls for temporary periods of 30 days in order to "curb illegal immigration". This comes on the heels of some German admonishments of Greece in failing to protect its borders (instead opting for creepy immigrant round-ups that violate human rights) AND results of immigration surveys showing that many persons from Southern Europe and elsewhere continue to seek asylum in Western European countries.

Der Spiegel quotes sources speculating that this is all political posturing to appeal to far-right voters in time for the French election. But is it? Following Sarkozy's adventures in deporting Roma from France (which, as you'll recall, drew comparisons to Nazi Germany's deportations of persons on the basis of ethnic background) its not so clear that conservative politicians aren't willing to put their money where their mouth is and disregard Schengen.(Just look at Denmark!)

And while we have Germany and France promising not to let people out, we have Macedonia promising to keep certain kinds of people in. What kind of people, you ask? 

In 2011, the ERRC documented at least 10 cases in which Romani people were denied the right to exit the country at Macedonian border crossings to Bulgaria and Serbia. Border guards regularly stop Romani individuals who they believe may be seeking asylum abroad, denying them the right to leave the countries.

..You guessed it. The European Roma Rights Centre is calling on the Macedonian government to end discrimination against Roma people seeking to travel outside of their country. (Which, if I remember correctly, is a basic human right.) But this baseline discrimination might be just the beginning- the government has announced that it will introduce measures to prevent persons from leaving the country who have once claimed asylum in another state. This measure as well is more than likely to heavily target Roma.

Between Southern Europe cracking down on immigrant and refugee rights and making it harder to move north, and Northern European countries disregarding their own treaties for politically opportunistic reasons, we have a real problem in Europe right now. The question is, what do the citizens of Europe value more? Their freedom of movement, or their freedom from foreigners?

Germany and France Seek Reintroduction of Controls

Deja Vu: Greek Immigration Crackdown

Last year I wrote about Greece and the pressure they are facing to get their immigration system to conform with international standards, while dealing with a giant backlog of asylum cases and daily influx of new immigrants. I noted at the time that the current system was at the same time too slow and too cursory to be able to properly consider asylum claims, and that a large new grant from Norway might help them attempt to reform this system.

Evidently, they've taken a different tact.

Police in the Greek capital said they have detained 501 people in an operation they say will be repeated "on a daily basis" to combat illicit trade, illegal immigration, drug dealing and other criminal activities.
The majority of those detained were foreign nationals in a sweep of central Athens.

 As was noted previously, hundreds of asylum seekers in Athens sit in legal limbo waiting for their applications to be processed, some having waited 10 years or more. More than likely, some of these individuals have been caught up in the mass arrests and detained. 

This may be a popular activity among anti-immigrant crowds, who think all crime derives from foreigners, but it doesn't do anything to solve the essential issues: a huge back-log, arbitrary procedures, and wrongful detention.  Not to mention its hugely expensive and engages tons of government employees who could be, just to pick an example at random, going through asylum claims or granting residence permits to those entitled to one.

There are different ways of getting people off the street than throwing them in jail.

500 Detained in Athens Crackdown

Gigantic new CoE report on Roma Rights Tackles Statelessness

Thomas Hammarberg, the Council of Europe commissioner for Human Rights, has been a total rockstar when it comes to defending the rights of Roma and stateless persons in Europe. So it comes as no surprise that he is behind a massive new report coming out today called "Human Rights of Roma and Travellers in Europe". The report is 254 pages covering 47 countries, and covers as many relevant topics as you could ask for: forced sterilization, hate speech, human trafficking, housing issues, and of course- statelessness and access to documentation. 

I haven't had a chance to read through the entire thing yet (I did just get it 10 minutes ago, after all) but from what I can tell there is serious attention paid to the issue of statelesssness among Roma. Interestingly, the report doesn't fuss around with distinctions between de facto and de jure statelessness, nor does he bother characterizing people as "at a risk for statelessness" or "legally invisible." Nope, for the purposes of this report, anyone not having access to citizenship rights is stateless, an admirably bold position for the CoE to take.

I would of course recommend reading through the entire document as it is packed with damning evidence and will be an extremely useful compilation of Roma rights violations in this decade. However I would like to just except this portion from the statelessness section, offering recommendations for tackling the problem.

-Providing free legal aid for proceedings aimed at securing
documentation;
–Waiving fees for civil registration for those in destitution;
– Making it possible to establish personal status through simplified
procedures such as witnesses’ testimonials when no other
evidence can be obtained;
– Strengthening the role of Ombudsperson institutions to solve
these issues;
– Acceding to the 1997 European Convention on Nationality, the
2006 Council of Europe Convention on the avoidance of statelessness
in relation to state succession as well as to the two UN
conventions on statelessness. (Section 7)

I fully agree with these ideas, and it sounds very much like Hammarberg has been listening to the NGO world in framing solutions.

You can find the full report here.

On Topic around the Web

Everybody learns in different ways (or at least that's how my Algebra teacher used to console me). So while some people seeking to understand non-citizen issues may be best served by a dry and factual NGO report, others may get the picture better from an evening news piece, a politician's rant, or a short story. Here are a few interesting pieces on non-citizens that may be worth a read or a look to round out your knowledge. 

McSweeney's has a fantastic series of articles by an anonymous "Bible-college educated evangelical" Christian who decided to try out her missionary skills on a group of Somalian refugees in Portland. The resulting tales are funny and often heartbreaking, drawing a comparison between people trying to adjust to a entirely new way of life, and those among us who feel like outsiders wherever they are.
Assimilate or Go Home: Dispatches from the Stateless Wanderers by DLM

Aleksander Hemon, author of several books about the immigrant experience including the bitter and beautiful novel "The Lazarus Project," has a piece out in Guernica Magazine this month about ethnic education in Bosnia and Herzegovina. This look at how the "ridiculous and demeaning" peace-process has played out in the classroom offers a cutting intro into a complex and fascinating subject.
National Subjects by Aleksander Hemon

Surprising Europe, a series from Al Jazeera, has some great pieces covering the experience of African Migrants in Europe. The episode below is especially salient, about undocumented migrants in Berlin and Amsterdam trying to live inside the paper maze.
Running out of Luck- Surprising Europe

And last but not least, below is a video by the Serbian NGO Praxis (whom I work with) regarding the situation of the legally invisible in Serbia.

Non-Citizen News Roundup

Dia de los Muertos in Mexico City

Mexico: Maybe its not strictly relevant, but it is timely: Brujas and Brujos in Mexico find themselves in high demand for problems related to drug cartels. Some witches charge for protection from extortion, or use their senses to find a missing kidnapped relative. And its not just victims turning to the craft: some of the wizards and witches report visits by cartel members and police officers as well.
Mexicans turn to witchcraft to ward off drug cartels (via NY Times)

Australia: Sad news this morning as a capsized  boat carrying asylum seekers left at least 8 dead and 10 still missing,. The boat carried some 70 Iranian, Afghan, and Pakistani asylum seekers determined to make the passage from Indonesia to reach Australia's shores. The incident is causing a big rehashing of the Malaysian swap deal. As Immigration Minister Chris Bowen stated, "it is a fact that when you have more boats coming to Australia you will see more deaths." (So it's either flout the 1951 Convention OR death at sea? Is there possibly a third option?)
10 asylum seekers still missing off Java  (via Sydney Morning Herald)
Australia shock at asylum boat tragedy off Indonesia (via BBC)

Croatia: At a meeting in Zagreb on birth and civil registration, the UNHCR urged Southeastern European countries to accede to the 1961 Convention on the Reduction of Statelessness. Currently, both Croatia and Bosnia and Herzogovina have acceded, but many other nations in the region have not. Among other protection, the 1961 convention provides that a child born in the country who would otherwise be stateless receives the nationality of the birth country. The UNCHR argued this would help the plight of the region's Roma, who currently represent a majority of the stateless and legally invisible. I couldn't agree more.
UNCHR drives effort to reduce statelessness in Southeast Europe (via Alert Net)

UNHCR Report: Trends for the first half of 2011

Serbian asylum seekers, via Serbian Herald

Today UNHCR released a report detailing asylum trends in 44 countries for the first half of 2011. It by no means offers a complete picture, given that it basically covers the Council of Europe plus a handful of other industrialized countries, but it is still packed with interesting findings. Among them:

• Asylum applications are up overall by 17%, with the large majority (73%) being filed in Europe, but the USA accounting for the one single country receiving the most applications.

• Asylum trends are not consistent over Europe, with applications down by 27% in the Nordic region (Danish immigration crackdown, anyone?) and asylum claims jumping by 57% in Southern Europe, especially in Turkey, Malta and Italy.

• Afghanistan leads asylum seeker sending states, followed by China, Serbia (incl. Kosovo), Iraq and Iran.

• The next 5 biggest sending states are Russia, Pakistan, Somalia, Eritrea and Nigeria

• The top 5 receiving countries; USA, France, Germany, Sweden and the UK, received 53% of all the applications.

There are plenty of interesting findings within the report, but to me there are two big take-aways. First, "Arab Spring" didn't have the tremendous overall impact that one would expect- none of those countries involved made it into the top 10 asylum-seeker sending states, at least not for industrialized countries. On the other hand, Southern Europe's big jump in applications are partially attributable to Tunisia and Libya, which adds verification to the region's reputation as Europe's gatekeeper, and perhaps explains the upswing in anti-migrant violence we saw in Italy earlier this year.

The second interesting fact is Serbia's continued presence in the top 5 asylum-sending countries. Keeping in mind that Serbia has just been given the go-ahead for EU Applicant status, possibly to be agreed upon as soon as December, one can only hope that this will increase scrutiny of Serbia's human rights situation. Especially when it comes to the Roma, whom for my money probably make up the majority of asylum seekers.

You can read the whole report here:  Asylum Levels and Trends in Industrialized Countries

Sweden: Refoulement of Kurds to Iran?

According to Change.org, 20 Kurdish refugees have sewed their mouths shut in Sergels torg while facing imminent deportation to Iran.

With their lives on the line, the asylum seekers -- all of whom are documented refugees with the United Nations -- have taken the extraordinary step of going on a hunger strike to protest their deportation. Several of them have been hospitalized after collapsing from hunger. Those remaining have sewn their mouths shut.

This isn't the first time that Sweden has been in the limelight for  deportation of Kurds. Last January UNHCR spoke out against the deportation of Iraqi Kurds back to some of the most dangerous regions in Iraq, and stated that they most likely should have been covered by the Refugee Convention or the Qualifications Directive.

Now there is a petition to the Swedish Migration Board to save these Iranian Kurds from being deported, and it already has more than 36,000 signatures. You can add yours here.

Non-Citizen News Round Up

Photo by Sandy Huffaker for the NY Times

US: Programs aimed at helping settled refugees to start their own farms are gaining traction across the country, as well as making farmer's market offerings more diverse.
When the Uprooted Put Down Roots (via the NY Times)

Australia: UNHCR endorses the controversial Malaysian refugee swap deal? According to this article, the High Commissioner feels refugees are better off in Malaysia, where at least they can work.
Australia's Malaysia Refugee Swap Deal Gets Support from UNHCR (via All Headlines News)

Cuba: Numbers of emigrants going up, likely due to stalling economy
Number of Cuban Migrants Has Surged in 2011 (via Miami Herald)

Mozambique: UNHCR will follow up last years program of mapping and documenting statelessness with a program this year to register Mozambique-born stateless persons. An estimated 2 million people are at risk.
UNHCR to Support Registration of Stateless People (via All Africa Global Media)

Norway: As "paperless" youth gain increased intention in Norway, some are calling for the revival of the Nansen Passport.
Effort Grows to Revive Nansen Passport (via Norway International Network)

Denmark: Points and Palestinians

Denmark's ousted Immigration Minister

For the last few weeks Denmark has been rocked by a political scandal featuring leaked documents, intrepid reporting, a shady minister and... stateless Palestinians?

That's right. Denmark, being a signatory to the 1961 Convention on the Reduction of Statelessness, is required to offer citizenship to children born in the country who would otherwise be stateless. On the contrary, it was recently revealed that a number (36, to be exact) of youngsters of Palestinian heritage had been rejected when they applied for citizenship- and that far more had never been informed about their right to become Danish.

Worse, it turns out that this human rights violation was more than just an oversight. The Immigration Minister, Birthe Hornbech, when questioned earlier in the month about her possible involvement, denied any prior knowledge of the mistake and claimed the rejections occurred under earlier administrations.  However, leaks soon made their way out that confirmed that Hornbech knew about the error- as far back as 2008- and failed to inform anyone. She even asked for and recieved legal advice that directly contradicted Denmark's procedure. Now, being forced to file a report at the prompting of a media investigation, Hornbech has been fired as the government tries to distance itself from her actions. But so long as its just an isolated incident, alls well that ends well, right?

Or, one could see this in the context of further worrying anti-immigrant developments that have been occurring in the country in the last year. For instance, in January the government announced a new point system that would make the country's already strict requirements for foreign spouses even tougher. It requires, among other things, that the Danish spouse put up a large sum of money, that both spouses be 24 years old, and that the foreign-born spouse pass a language and knowledge test. In other words, they are trying to make it extremely difficult for Danes to marry foreigners, and possibly violating the ECHR by interfering in the right to private and family life.

These developments are worrying, and are significant of a larger swing to the right throughout Europe. The question is, to what extent can countries' prior generous human rights commitments restrain them from making the temporarily popular decisions that violate them? Denmark would be a good case to watch.