Migration

In my personal experience as a legal advisor to refugee claimants in Canada there was a duty to follow the laws, respect the country I was living in and do the best for my clients. While many cases were falsified, and others were very legitimate, there was always one problem in the system that stood out as an irritant to preserving the rights of individuals in Canada. The lack of morality of those representing clients was always my personal main concern while working within the Canadian Refugee System. More often than not, clients would gain representation from what are known as Immigration Consultants. While many are honest and good at their job, mostly they are unregulated, have no standards or guidelines in assisting their clients, and in many cases with abusive consultants they would overcharge for services that their clients could not afford or did not understand. There are many great Consultants and Lawyers in the system, but some are too awful to consider discussing in this forum.

A recent report by TheStar.com set out to challenge the legitimacy of the Immigration Consultant system by placing hidden cameras in some consulting sessions. What was found is that a few of those Consultants were overcharging their clients to an extreme degree, and even more disturbing falsifying information on their client’s documentation in order to obtain their immigration papers or win their claims for refugee status.

In the article above many of the Immigration lawyers claimed to get a lot of business from clients who’s lives have been destroyed by the unethical actions of their Immigration Consultants. I have found this to be true in many cases, but as well many lawyers have not been completely fair in their work with immigration cases either.

While lawyers in Canada are certified by the local Province’s Law Society, and many Immigration Consultants are now becoming registered with the Canadian Society of Immigration Consultants, the vulnerability of many clients and their perception that they lack certain fundamental rights in a foreign country often lead them to trust much of what their representatives advise them to do while their applications are in process. While moral and legal obligations to their clients and their membership in their respective professional societies gear those agents to assist their clients, it is often not the case. Do you believe foreign citizens should have rights abroad? It is a question which needs to be asked in every society and implemented if respect for these individuals shall become part of the institutions and people who work with immigration issues.

The UK’s immigration policy has always been viewed as one of the most open in Europe and possibly worldwide. Since 1997, the Labour government has adopted a relaxed immigration policy, swelling the immigrant population in the UK by 1.5 million people since the Labour government came into power in 97’.

While the UK was praised for such open policies, there has been a recent realization that being British, or becoming British is not as easy as sitting for a 4 O’clock Tea and humming along to God Save the Queen. According to the Daily Express, Britain’s open immigration policy has done much to fuel divisiveness among Britain’s ethnic populations and is fuelling chronic divisions that were “bubbling under the surface” of British society.

As discussed in the LSE Discussion Paper by Manning and Roy: Culture Clash or Culture Club: The Identity and Attitudes of Immigrants in Britain, with the new member states of the EU producing a flood of new immigrants from East and Central Europe towards Britain’s major cities and traditional immigration from former colonies and neighboring countries in the region, there has been a not only a flood of new residents to the UK, but a very culturally and economically diverse challenge in its wake.

Since the London bombing, British society was forced to reconsider its position on what it is to be British, as it was evident in the aftermath of the attacks that being born in Britain and being raised in Britain may not be enough to have someone “feel” British. The idea of “British Values” were reconsidered by many academics and journalists and in communities across the UK when the news was leaked that those who attacked London’s Tube system were born and raised in England itself.

British values have been challenged and moved back and forth since that time. Muslim clerics entering and residing in the UK were often made subjects of debate, as it was felt by some in British society that words against Britain were enough to expel certain clerics from entering the country. Ironically, while Free Speech was considered a right of many clerics to use freely, some others were expelled outright although it was never clear where those rights end or begin.

Recently in Britain, the University and College Union in the UK again challenged Freedom of Speech in the attempted boycott of Israel. While the UK government will likely legally challenge the boycott, there has been much debate surrounding the freedom of Israeli or pro-Israel academics to voice their research and point of view within the UK University system and in British society in general.

When PM Blair departs and British soldiers leave Iraq, the debate on who is British is not likely to subside. The UK still remains a hub for individuals from around the world to work, live and study. The question of culture however seems to be changing, for better or for worse, into a case of origin vs. citizenship. A possible future could become similar as seen in the next article on Canada. The idea of being a citizen as a motive for legal status as opposed to adopting a culture and society may be the post-modern result of a cultural debate which has no real conclusion. In the end, what it is to be British may depend on the legal papers and rights you possess as opposed to historical ties in the land in which you currently live.

This week’s news roundup covers EU initiatives to create a Common European Asylum System as well as France’s possible new focus on immigration policy as well as highlighting opinion tools for Americans on their attitudes towards immigration after the failure of the Immigration Bill to be passed through the US Senate. Also stories on Aid workers killed in Lebanon and links towards the refugee tragedy in the Mediterranean are highlighted:

• French Foreign Minister Bernard Kouchner said last Friday in his tour of Africa that France will not tolerate waves of African migrants coming to France. Since the election of France’s new President Nicolas Sarkozy, many migrants have been worried about the possible changes to France’s immigration policy. While Kouchner did show a tough stance on France’s new approach to immigration, he did clarify that France’s immigrants should be treated fairly and that much of the concern came from the high risk illegal immigrants. He may have been influenced by events last week where 110 bodies where discovered in the Mediterranean Sea between Malta and Libya, thought to be illegal immigrants who became victim to their “uncertain vessels” and a fortuneless journey.
• On June 6th 2007 the European Comission published a Green Paper to create the Common European Asylum System (CEAS) as well as an evaluation of the Dublin System and a Directive on long-term residence for the beneficiaries of International Protection. It is hoped that the focus on irregular migrations, which has dominated European Immigration Policy in the past, will be refocused towards the rights and obligations of all EU Member states on the rights of Asylum seekers in the EU. After the tragedy mentioned above, a mechanism to ensure the rights of Asylum seekers needs to be established equally in all EU states.
• With the failed progression on the Immigration Reform Bill, MSNBC has created a website to gain American’s opinions on the immigration issue and the reform bill from American citizens. While the Bill has been set aside indefinitely, the issue of immigration in the US still holds strong among many people. See the links here for opinions.
• In a June 11th article for the Guardian Newspaper, two Red Cross workers were killed and one seriously wounded today in Lebanon. The shell that hit their vehicle came from Fatah Islam militants held up inside the Northern edge of the Nahr al-Bared camp. For more information see the Lebanon post below.

The focus of President Bush’s weekly radio address often takes to speaking about how support for the war in Iraq is necessary and how his immigration policy must be supported. While unfortunately there is no end to the War in Iraq in sight, the President’s Immigration Reform might have had met it’s final end this past weekend when the Immigration Bill was set aside indefinitely.

Bush’s attempts at reforming the US Immigration system are unique in his eight year Presidency. While Democrats often shy away from supporting any policy of the Bush Administration, with regards to immigration varied opinions from both Democrats and Republicans placed members of both parties at different ends of the chess board. Ironically many Democrats supported much of the Bill’s reforms, while many Republicans felt the Bill offered too much of an Amnesty and not enough security against illegal immigrants and possible terrorist threats. Not all Democrats supported the Bill however, seeing the Bill not going far enough in forming a realistic immigration policy. In the end, the lack of support from both parties allowed the Bill to be set aside last Thursday in the US Senate.

Bush and supporters of the legislation still are seeking to push the Bill forward despite the major setback in the US Senate. While Bush attempted to placate some Republican’s concerns over the Bill by saying in his Radio Address that the Bill is far from being an “Amnesty” for illegal immigrants, he also is fully aware that the Bill is not perfect. Supporters of the Bill, both Democrats and Republicans feel that the Bill was extinguished much too soon, and that “stall tactics” and “fear mongering” (see video in above link) on both sides arising from past tensions has really not given a chance to immigration reform that was really lost too soon for legislation that is too crucial to be forgotten.

Bush’s legacy will not be one of the Compromising President, but with regards to immigration reform the work and efforts and necessity of the new Bill should be considered more important than the quick dismissal it has received in the US Senate last week. While immigration reform is most likely a dead deal right now in the US, its importance has not diminished despite bi-partisan conflict and lack of support for Presidential initiatives on all fronts. The next President, whoever they will be, will likely face similar bi-partisan challenges on all policy decisions in the future…and it is likely that the lack of support for this Bill and the millions of legal and illegal immigrants in the US will be one of the next major campaign issues for the future President….Second as always to Iraq of course!

Last week was the 40th Anniversary of the Six Day War between Israel and its Arab neighbors in 1967. The attention on the Anniversary however was not given a glorious Battle of Britain style remembrance by much of the international media. Unlike many states who often take pride in remembering their victories in times of conflict, the Six Day War is blamed for being the catalyst of the Israel-Palestinian conflict inherited today by much of the international community. Last week’s Economist focused their front page and introspective articles on the problems since the conflict. The BBC in their program this past weekend Our World on BBC World showed a mini-documentary on the effects of the conflict as well.

The end result of the 1967 war was seen by many as the start of a refugee crisis that in large part affects the stability of the Middle East region today. During the intensive conflict, Israeli forces took the Gaza Strip and West Bank. Many of the inhabitants of the West Bank in 1967 were displaced earlier after conflicts in 1948 in the Israeli War of Independence and in 1967 there was a further movement of people inside the West Bank but also towards Jordan and Lebanon. The end result of intensive fighting on both sides in 48’ and 67’, but also related conflicts in 56’, 73’ and later in 1981-82 in Lebanon and the Golan Heights lead to the external and internal displacement of many Palestinian people outside their initial historical villages. Today the Palestinian people reside mostly in the Gaza Strip, West Bank, Jordan, Saudi Arabia, Lebanon and even inside Israel proper.

Many of these Palestinian refugees have settled in refugee camps since 1948, as well as ones established after 1967 in the West Bank and Gaza Strip, in Jordan, and in Lebanon. In the last two weeks conflict inside Lebanon between the Lebanese armed forces and radical groups operating inside Palestinian refugee camps inside Lebanon itself have erupted. After 40 years of being refugees, many of these camps have grown to beyond tents and unpotable water and sewage to become small concrete towns, often cut off from the rest of Lebanese society and wholly supported by charities and international relief funds. The UN mission in Lebanon, UNRWA details the situation of the Refugee Camps, which while having minimal concrete infrastructure, suffer from lack of proper supporting infrastructure, unemployment, and severe overcrowding.

In the past three weeks, militant forces have used these camps to fight against Lebanese forces. Many of the refugees have been caught in the crossfire, and while precise information is limited on the effects and casualties of the conflict inside the camps, it is certain the conflict is growing at an exponential rate.

Many of the concerns of Palestinians in Lebanon have shadowed activities in Gaza and the West Bank. The two main political parties of Hamas and Fatah in the Gaza Strip have fallen into quite severe and violent conflict in Gaza since Israel pulled out of Gaza a year and a half ago. While Hamas, often referred to as a militant group by many of its critics was elected with a majority in Gaza, in Lebanon the nature of militants and their response have lead to more of a push by Palestinians in Lebanon to form coalitions to reject militant actions and cease conflicts with the Lebanese army and inside the camps themselves. In any interview with Steve Paiken on The Agenda, a summary of the situation for Palestinians was said to be the worst since 1967 by a table of four leaders in the Palestinian community interviewed in Canada two weeks ago. It is likely that with conflict in Gaza, Lebanon and perhaps the West Bank soon enough, the state of the Palestinians will be the worst case scenario for refugees for years to come.

This week’s news roundup covers the worrying situation of African migrants adrift at sea between the coasts of Libya and Malta and the failure of EU member states to act quickly and adequately to this human tragedy. We have also gathered the newest reports on the growing Iraqi refugee crisis and what European countries can do to help ease the situation.

• The pictures of 27 African would-be migrants clinging to tuna nets for dear life in the Mediterranean for over three days, while EU governments deliberated who might be responsible for them, have finally prompted the EU to admit its policies were endangering lives. The International Herald Tribune’s Dan Bilefsky reports EU Commission spokesman Friso Roscam Abbing both admitting failure and demanding member states do a better job: “We call on EU member states to do a better job of sharing the burden to avoid humanitarian tragedies.” The Commission has also announced a full investigation into the incident that left the migrants stranded at sea after their boat sank off the coast of Libya. The Maltese fish trawler had refused to take the Africans onboard to transport them to safety in Malta. An Italian boat finally came to their rescue. The situation has sparked an outcry by human rights organizations. The European Council on Refugees and Exiles, ECRE, and the UNHCR issued press releases urged Malta to accept the recent amendments to the maritime conventions (SAR and SOLAS Conventions), which aim to ensure that the obligation of the ship master to give assistance is complemented by a corresponding obligation of states to co-operate in rescue situations. Malta is one of the few countries that did not accept these amendments. ECRE Secretary General, Bjarte Vandevik said ““It is shocking and shameful to see how humans are abandoned to their fate at sea, while States of the European Union argue about who is to bear the responsibility, instead of fulfilling the humanitarian imperative to rescue and protect people facing the risk of drowning at sea.” Laura Boldrine, a Rome-based spokeswoman for the UNHCR meanwhile warned states of creating a “Wild West in which human life has lost its value and people in danger are left to fend for themselves.” The UNHCR points out that another vessel with 51 to 53 Africans on board remains missing at sea, after an SOS call was issued (the BBC reports on the story here). The EU’s border control operation FRONTEX is stepping up its efforts to react quickly to these incidents, though is having a number of equipment sourcing problems. At the same time, any border control measures must respect existing human rights laws and with that assure and create legal means for refugees and asylum seekers to gain access to safe third countries, some of which might be EU member states. Human rights organizations will likely reissue these claims on June 20, the international refugee day.
• Migration from Iraq and the internal displacement of those seeking to escape the sectarian violence that rocks the country remains a hotly discussed topic, as countries refuse to take on additional migrants (see our earlier story on Switzerland). One of the countries most committed to international agreements on accepting Iraqi migrants is Sweden. In its international edition, German newsmagazine, Der Spiegel, reports on the life of Iraqi refugess in the small town of Alvesta, Sweden. Author Charles Hawley chronicles the life of a few of Alvesta’s 144 newest residents, who appreciate the calm respite their new home offers them. The crisis, however, is far from over. A photo gallery illustrates the hardships migrants face. The article quotes ECRE statistics according to which the number of Iraqis displaced within Iraq — already some 1.9 million — is growing by 40,000 to 50,000 each month. Well over 2 million have made it across the border to neighboring countries — Syria now hosts some 1.2 million Iraqi refugees, and Jordan has crammed in 750,000, representing an almost 15 percent boost to that country’s population. The UNHCR recently awarded $2.06 million in aid for the rehabilitation of public hospitals in Damascus, capacity-building for medical staff and the provision of new medical equipment. This agreement, the fourth between UNHCR and the Syrian government, is part of UNHCR’s commitment to supporting the country’s response to the crisis of Iraqi refugees. ECRE meanwhile has issued a set of comprehensive guidelines on the treatment of Iraqi asylum seekers and refugrees in Europe. In it, ECRE calls for the suspension of mandatory return of Iraqi migrants to their country, as their safety cannot be guaranteed and calls upon EU member states to refrain from transferring migrants to other member countries under the Dublin II Convention (which regulates which EU country is responsible for managing a migrants’ claim based on point of entry), if that country is known to not properly consider Iraqi refugee claims. The report includes a detailed annex on the situation in all Iraqi provinces.
• If they weren’t close before, they surely are spending a lot of time together. The EU interior ministers have almost settled into a groove of seeing each other every few days in a different constellation. On May 20-21 they followed German interior minister Wolfgang Schaeuble’s call to the quaint Rheingau town of Eltville to discuss the future of EU Home Affairs policy after 2010. Over a few glasses of Riesling, the newly established ‘Future Group,’ consisting of Commissioner Franco Frattini, the six interior ministers of the current and upcoming “trio presidencies,” (Germany, Portugal and Slovenia, and France, the Czech Republic and Sweden) a representative of the subsequent “trio presidency” (Spain, Belgium or Hungary), and experts from individual member states, discussed recommendations on European home affairs policy after the end of The Hague Programme. The ‘Future Group’ is to compile a report to present to the Commission as a basis for a post-2010 program.
• Just two days later (some of them are starting to look like the travelling Wilbury’s), G8 interior ministers met in Munich to discuss the integration of immigrants in the context of state security, among other issues. While the meeting apparently brought “major breakthroughs” on international judicial cooperation and counter-terrorism, the section of concluding document on immigration and integration leaves much to be desired: “The G8 agree that migration and integration have become everyday experiences in our globalised world. The phenomenon of major, sustained migration flows, with all the attendant problems, is here to stay.” (You don’t say!!) “If migration is not to become a problem for inner tolerance and for the stability of our accustomed system of civil liberties, migrants must manage to integrate into their host society.” Indeed, now, what are you really going to do about it? I say: Talk, talk and more talk.
• Speaking of talk, The New York Times is giving its readers the means to talk expertly on the opinions of US presidential candidates with their excellent compilation of their views on the immigration question, as arguments on Capitol Hill and the campaign trail continue to fly left and right.

That’s all folks..at least for now..