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Showing posts with label Israel. Show all posts
Showing posts with label Israel. Show all posts

Wednesday, January 30, 2013

Guest Post: African Migrants to Israel Face Refoulement, Discrimination- by Theodore Baird


I used to be a refugee. In Cairo I had a refugee card. Now I am confused. Am I a refugee or am I with the Israeli government? I just want to know what I am. I need a good visa, a paper to work or to do something good. I don’t get help in Israel, but if I am a refugee, shouldn’t I get help?

Furst-Nichols, Rebecca & Jacobsen, Karen (2011) “African Migration to Israel: Debt, Employment and Remittances,” Tufts University and Feinstein International Center, January 2011: Page 15.

On Wednesday January 2nd 2013 a ceremony was held commemorating the completion of the main section of the border fence between Israel and Egypt. The total length of the border fence is 230 km and reaches a height of 7 meters in parts. The cost of the fence is 1.4 billion shekels, or around 372 million US dollars. It is made of 44,000 tons of building material. It took two and a half years to build. The fence has barbed wire, a dirt road and patrol path, cameras, and radar. The final piece of the border fence is due to be completed in May 2013, and is located near the Taba crossing in a mountainous region near Eilat. The terrain is difficult and is a complex engineering project. Netanyahu reiterated that he is committed to returning Sudanese and Eritrean migrants regardless of international law on non-refoulement. Israel does not have diplomatic relations with either Sudan or Eritrea. Sudan is technically an enemy state of Israel.

Earlier, in July 2012, Netanyahu declared the main goal of the fence and Israel’s policy towards asylum-seekers: “The goal is to turn the tables, and take all necessary actions to have the number of illegal immigrants that leave Israel be larger than the number entering Israel.” Netanyahu was politely reminded by UNHCR in Geneva that returning Eritrean migrants would threaten their lives, and that no country has returned Eritrean refugees from their territory.

Echoing the fears over foreign ‘infiltrators’ in the south, Netanyahu declared that an identical border fence would be built along the Syrian border in the Golan Heights. Fears over jihadists armed with chemical weapons or pro-Palestinian fighters crossing into Israel from Syria, not asylum-seekers, instigated the plans to construct the fence. Armed with the success of preventing African asylum-seekers from entering Israel in the south through the lawless Sinai, the new border is intended to prevent the entrance of foreign fighters coming from Syria or exodus resulting from the collapse of the Assad regime. If Israel completes the fence project along the Golan Heights, it will be completely fenced in. The Golan-Syria border fence would span about 70 km, with a height of five meters, and fortified with trenches, barbed wire and a patrol road, similar to the Sinai-Negev border in the south.

In 2005, Sudanese refugees in Egypt protested against their poor treatment by Mubarak’s regime. The protest was ended violently by the government and the environment in Egypt for Sudanese refugees became increasingly hostile. In response, Sudanese refugees migrated to Israel from Egypt. Since 2005, the number of African refugees entering Israel has increased to more than 60,000, with 17,000 people crossing in 2011. The southern border fence is deemed a success, with 36 asylum-seekers crossing in December 2012, compared with 2153 entering the previous year. Netanyahu is campaigning for national election on January 22nd. Netanyahu reiterated his commitment to return those asylum-seekers who have entered Israel already: “Just as we stopped completely the infiltration into Israeli cities, we will succeed in the next mission - the repatriation of tens of thousands of infiltrators already in Israel to their home countries.”

Photo by: Oren Ziv/Activestills.org
On October 14th, 2012, Sudanese refugees protested against the building of prisons to detain African refugees, shouting ‘We are refugees, not infiltrators!’ and ‘We need rights right now’. According to the recent Anti-Infiltration Law from January 2012, anyone crossing from Sinai is deemed an ‘infiltrator’ by the Israeli state and is treated as a threat. The original law is the 1954 Prevention of Infiltration Law, which was amended in January 2012, to define all irregular border-crossers as ‘infiltrators,’ subject to detention and deportation, with limited or no access to the asylum procedure. Asylum-seekers may be detained for three years or more without charge or access to legal representation. Punishing asylum-seekers for unlawful entry is illegal under international refugee law.

Amendments to the Anti-Infiltration Law include new legislative initiatives as well as a bill from 2006. The amendments which passed on 10 January 2012 include: preventing the sending of remittances, taxing employers of asylum-seekers, monthly deposits for each asylum-seeker employed to ensure they have funds to leave Israel, expanding police authority over legally resident asylum-seekers, preventing the appeal of a deportation order, and barring asylum-seekers from filing lawsuits in Israeli courts. These amendments are designed to increase the difficulty in employing asylum-seekers and to make incorporation into Israeli society difficult in order to pressure asylum-seekers to leave Israel.

Israel does not recognize refugees, and only rarely processes refugee claims. The public as well is skeptical of African migrants. In a poll from 2012, a majority (52%) of Jewish Israelis regarded Africans as a ‘cancer’ on society. Only 19% of Arab-Israelis considered African migrants to be harmful to society. Most of the Jewish Israelis responded that they did not live near refugees or lived only near a few.

In preparation for enforcing the new law, a new detention center is being built which can house up to 30,000 people, and hundreds have been deported back to South Sudan. After South Sudan announced independence, hundreds of Sudanese migrants were returned there from Israel in 2011. After an Israeli court judged that 1500 South Sudanese were safe to return home, they were rounded up. Numerous difficulties involved in returning migrants have been cited by human rights organizations.

Sinai is extremely dangerous to transit, with multiple evidence pointing to hostage-taking, abuse, and torture of refugees for money by unscrupulous traffickers. Refugees have been criminalized in Israel, in direct contravention of international refugee and Israeli domestic law, and are also vulnerable to torture and trafficking in Sinai. Survivors of torture and abuse are being detained in Israel since the implementation of the new laws in June 2012. Dozens of Eritrean and Sudanese migrants have been prevented from entering Israel or from asking for asylum, and have been illegally refouled back to Egypt, into the lawless Sinai. In July, 40 Eritreans were detained just inside the border and then forcibly returned to Egyptian authorities. Others waited at the fence itself and provided with some water and food by NGOs, and some waited inside drainage pipes in the area to escape the difficult weather. Those crossing Sinai face serious abuse at the hands of traffickers holding them for ransom.

For more information see:
Physicians for Human Rights – Israel www.phr.org.il

Hotline for Migrant Workers www.hotline.org.il

African Refugee Development Center (ARDC) www.ardc-israel.org

Theodore Baird is a PhD fellow at the Danish Institute for International Studies (DIIS) and Roskilde University (RUC). His thesis investigates refugee smuggling from Sudan and Somalia to the Middle East. More information about his project can be found on the DIIS website at: http://www.diis.dk/sw109325.asp


Friday, August 10, 2012

New Israeli Regulation Bars Some Non-Citizens from Filing Lawsuits

Child of a migrant worker in Israel, photo via Global Post
 The Jerusalem Post reported Tuesday that the Israeli Justice Minister has signed a new regulation requiring an Israeli ID or a foreign passport number to anyone wishing to file a lawsuit. If true, this law would seem to flagrantly violate many international human rights norms by preventing stateless persons, refugees and asylum seekers from having their day in Court.

Just to refresh your memory, the 1954 Statelessness Convention, to which Israel is a signatory, touches on the topic at article 16. 
Article 16: 1. A stateless person shall have free access to the Courts of Law on the territory
of all Contracting States.
2. A stateless person shall enjoy in the Contracting State in which he has his habitual residence the same treatment as a national in matters pertaining to access to the Courts, including legal assistance and exemption from cautio judicatum solvi.
The Universal Declaration of Human Rights also discusses access to Courts in several articles (see, e.g. Art.6-10), and the sentiment of right to legal personhood is echoed continuously throughout the human rights cannon. In other words, Israel could not possibly have failed to notice that a law like this would raise eyebrows, to say the least.

When pressed, the government has responded that,
"amendments were purely technical in nature, and ensured that litigants in possession of an Israeli ID number or foreign passport specified those details on court documents so that court registrars could be certain that they were dealing with the correct individuals.

“The regulation does not alter therefore the current legal situation regarding the basic right to access the courts,” wrote Dr. Peretz Segal, head of the Justice Ministry’s Legal Counsel department. (JPost)
Hmm. So either we have a regulation that would prohibit Palestinians, who de facto do no often possess a government-issued passport, along with a host of other non-citizens, from accessing basic Court procedures, OR we have a meaningless administrative hurdle that does not change the law. If so, why pass it in the first place?

After a few days of back and forth with the government (while Israel steadily garnered increasing attention from the media for this rule, see here, here and here) the Justice Ministry has agreed to review the rule, but is sticking to the story that this does not change anything, really.

Au contraire, says the Association for Civil Rights in Israel, among others.
Attorney Oded Feller of the Association for Civil Rights in Israel warned Neeman the regulations will immediately deprive Palestinian residents of the territories, migrant workers and stateless individuals who have no passports the right to file claims in Israeli courts. ..."Technical matters become fundamental when they specify explicitly who will not be able to file claims in court."
Hopefully the negative attention this rule has attracted in advance of its debut in September will force the Israeli government to reconsider whether this is a step they really want to take. If not, I predict we will see continuing major action on the subject in the Fall. 

Friday, May 4, 2012

Non-Citizen News Roundup

Protestor in Hungary- photo via ENAR
Kuwait: After last week's promise to grant citizenship to 3000 of the 100,000 stateless residents of Kuwait, the Bidoons are in the spotlight again for protests against the government. At a protest on Tuesday police used force, including batons, to disperse the crowd of over 200 and accused the protestors of violence against the police. The protestors were angered by a promise of identification that would have indicated their stateless status, thereby ensuring discrimination.
 Meanwhile, still convinced that this is not really their problem, the Kuwaiti government has requested some 42,000 passports for Bidoons from Iraq so that they can be issued work documents. (I'm sure Iraq was all, "Totally, we'll just send those right over!") Facing arrests, deportation and jail time the protestors continue on, which demonstrates that this problem is not going to go away without serious efforts by the government.


Hungary: As part of the continuing effort to shock the EU with their human-rights deviant behavior, Hungary is now being accused of locking up asylum seekers alongside criminals for months after arrival. Some have apparently been beaten and denied the opportunity to apply for asylum. If Hungary is indeed violating human rights norms on detention and refoulement, let's hope they manage to straighten out the system before 800 more ECtHR cases are filed against them. (Strasbourg must be SO sick of getting cases from Hungary..)

Hungary as a Country of Asylum (PDF via RefWorld)
And in short: 

Israel: Are asylum-seekers, particularly from Africa, facing discrimination and violence?

Australia: Politicians offer an idea for their asylum woes: Pay citizens to host asylum families. Well, its a better idea than detention or return, but will Aussies go for it?
Govt Defends Asylum Seeker Homestay Plan (via Sydney Morning Herald)

Afghanistan: Following a (fund-raising) conference in Geneva held by UNHCR, several countries have agreed to contribute $1.9 billion to support the return of refugees to Afghanistan. Wonder how much the US chipped in?
Countries Agree on 1.9B Afghan Refugee Strategy (via AP)

Monday, November 28, 2011

Non-Citizen News Roundup

Photo via AP
Israel: On Sunday, hundreds of immigrants and allies protested at the Israeli Immigrant Absorption Ministry after a recent government recommendation to reduce the number of Ethiopian Jews accepted monthly as part of aliyah. The idea comes at a time when the government claims it is having trouble keeping up with the pace of immigration and assimilation needs. Opponents of the plan claim that there are already close to 4,000 recognized Ethiopian Jews waiting to immigrate and that the Government is looking for excuses to avoid its obligations. (There's probably a little truth to both positions.)
Ethiopians Protest Govt's Proposal to Reduce Aliyah (via Jerusalem Post)

UK: The United Kingdom is getting some increased (and probably unwanted) attention in the wake of a new report by UNHCR describing the legal limbo that stateless persons there live in. Many have been denied asylum or any right to remain, but are also un-deportable because no country will accept them. Therefore, they live on the street or hang out in detention centers- not a good situation.
Mapping Statelessness in the UK (via UNHCR)
What its like to be Stateless in Britain- Nischal's Story (via Alertnet)

Australia: Shockingly, Australia has more asylum trouble this week, as 3 Kurdish aslyum-seekers have sewn their lips together in the wake of having their asylum applications denied. Due to the fact that the young men are stateless, they cannot be repatriated anywhere and instead have remained in detention for between 18 and 22 months each. Much like the UK problems described above- it sounds like governments are going to need to reevaluate how they handle non-deportable stateless persons- endless detention and legal limbo are not the answer!
3 Kurdish Men Sew lips together in Protest (via Courier Mail)
Asylum Seekers sew lips together in Australia Protest (via AsiaOne)