Charter of Rights of Women Seeking Asylum

Asylum Aid has created a Charter of Rights of Women Seeking Asylum.

The way that we are treating these women is appalling. Completely ignoring the trauma they have suffered, we are locking them up or forcing them to beg and sleep rough, without support, healthcare or money.

Asylum Aid have created this video.

Every single woman from Asylum Aid on Vimeo.

They say,

We believe a change of culture designed to produce a genuinely gender sensitive asylum system is urgently needed to ensure that women seeking asylum receive a comparable standard of treatment to women in similar situations who are settled here already.

There is also a campaign briefing available, and they are campaigning so that all member states of the European Union to adopt gender guidance so that women's asylum claims will be dealt with consistently.

(cross-posted at The F Word)

Free the Thulambo Family

Send to: UKBA and IndPublicEnquiries.

To: UK Border Agency – South Yorkshire Enforcement Unit

Fax Number: 01234 271349

To whom it may concern,

Re: The Thulambo Family HO Ref: T1099914

I am writing in relation to the case of the Thulambo Family currently detained at Yarl’s Wood Immigration Removal Centre who were scheduled to be deported to Malawi on Monday 29th December.

As their removal directions have now been deferred pending Judicial Review and in accordance with the Home Office Enforcement Instructions & Guidance Chapter 55.3, there appears no compelling reason for their continued detention.

They have no imminent travel documentation, there is no evidence of risk of absconding and there is no evidence of risk of harm to the public. I request therefore that the family’s caseworker urgently reviews the justification for the continued detention of this family and considers that as previous victims of persecution and Mrs Thulambo’s diagnosis of Post Traumatic Stress Disorder, their release from detention should be arranged immediately.

Yours sincerely,

Some background (this article was written a few weeks ago and the deportation has been temporarily put off):

Home Office to Deport Zimbabwean Family who fled Mugabe's Regime.

Woman whose husband was killed for his links to the opposition has claim for asylum rejected after eight years in UK
By Jane Merrick and Emily Dugan
Sunday, 14 December 2008

A Zimbabwean woman and her two daughters who fled the Mugabe regime are to be deported from Britain despite promises by the Government to protect the country's citizens.

Priviledge Thulambo, 39, whose husband was murdered by Robert Mugabe's men, and her children are being detained in a controversial immigration centre after being seized by immigration officers on Friday.

Friends of the family said the Home Office would be guilty of "murder by the back door" by deporting the three women. They are all Zimbabwean nationals, but because they entered the UK on Malawian passports – the only way they could escape the Mugabe regime – eight years ago, they have had their claims for asylum rejected.

After spending Christmas in the grim surroundings of the Yarl's Wood detention centre, they will be forced on to a flight to Malawi on 29 December. Because of their Zimbabwean nationality they are likely to be immediately sent to their home country, where they face torture or death.

They are in this desperate situation despite UK government policy that no Zimbabwean nationals will be sent back there unless they are members of the ruling Zanu-PF party.

It follows criticism last week of the Home Secretary, Jacqui Smith, who warned cabinet colleagues of an "influx" of Zimbabwean refugees fleeing the cholera outbreak.

Mrs Thulambo and her daughters Valerie, 20, and Lorraine, 18, have spent eight years in the UK. Mrs Thulambo's Cambridge-educated husband, Macca, was killed for his links to opposition leader Morgan Tsvangirai. His widow tried to leave Zimbabwe but was arrested at the airport, and later tortured and raped.

She and her daughters fled to neighbouring Malawi, where they obtained passports because of her late husband's dual nationality. Immigration officials seized Mrs Thulambo's Zimbabwean passport during their arrest at dawn on Friday.

The Liberal Democrat leader, Nick Clegg, the family's former MP, said it was wrong to assess them as Malawian for immigration purposes.

He added: "It is time this Government gets tough on Mugabe, not his victims. This case illustrates the heartless approach from a Home Office more willing to deport people to their fate rather than do the right thing. Taking such a legalistic approach to Priviledge and her daughters shows that the Home Office is seeking to find any excuse or loophole to deport Zimbabwean nationals."

Mrs Thulambo is an active member of her local church, St Mark's, in Crookes, Sheffield. Valerie was looking forward to studying law at university after passing her A-levels, friends said. According to Kirsten Heywood, a family friend: "As soon as they arrive in Malawi they will be sent back to Zimbabwe – which means death. It is terrible what the Home Office is doing. This is back-door murder."

In a letter to the Home Secretary, Mr Clegg said: "I have met Mrs Thulambo on several occasions. She has suffered severe mental and physical health problems after the persecution she and her family suffered in Zimbabwe. She has become a respected and well-liked member of the community; her daughters attended the local schools and have integrated into society and have many friends.

"I believe this is a clear-cut case for the Home Office to demonstrate clemency and leniency on Mrs Thulambo's case and on others like her."

The Home Office yesterday declined to comment on individual cases, but added: "We only seek to remove families who are in the UK unlawfully after all appeal rights have been used and the courts agree that they have no further right to remain in the UK.

"Once all appeal rights are exhausted, we would much rather that those here illegally left voluntarily. Sadly, some families choose not to do so even though they are given every opportunity to leave voluntarily. We then have a duty to enforce the law."

Meanwhile, a landmark ruling has given hope to thousands of impoverished asylum-seekers, including those from Zimbabwe, who are barred from working while the Home Office resolves their cases. The Government's refusal to allow those who are trapped in the system for long periods to seek employment has been branded unlawful by the High Court.

According to current estimates, up to 280,000 refused asylum-seekers in the UK are forced into destitution – often for years – as they wait for their cases to be processed. Now the blanket policy that bars employment for those stuck in the Home Office backlog has been declared illegal under human rights legislation.

The Government has pledged to process its backlog of several hundred thousand cases by 2011, but for many this could mean facing a life of poverty for up to a decade with no hope of a job.

There is also this 'Comment Is Free' article from The Guardian:

A Callous Immigration System

Deporting Zimbabwean asylum seekers from the UK contradicts our condemnation of Mugabe's regime

by Jeremy Sare
guardian.co.uk, Saturday 27 December 2008 15.00 GM

Gordon Brown has roundly condemned Mugabe's murderous regime on several occasions. But at the same time, the government continues to deport asylum seekers back to Zimbabwe via neighbouring countries.

Priviledge Thulambo and her two daughters, Valerie and Lorraine, fled Zimbabwe in 2000, shortly after Priviledge's husband, Macca was murdered by Mugabe's Central Intelligence Organisation. She used her husband's dual nationality to obtain false documentation from Malawian authorities and flew to Britain.

The UK Border and Immigration Agency (BIA) has ruled that the family has no case for seeking asylum and after seven years in Sheffield, they will be deported to Malawi on December 29. As Zimbabwean citizens, they fully expect to be sent back to Harare, no doubt with a welcome from the local constabulary.

The judge in the Thulambo case found some inconsistencies in Priviledge's testimony and declared her to be "wholly unreliable". He cited her previous possession of a Malawian passport, through her late husband's dual status, as evidence of a "longstanding connection" to Malawi. The fact remains that Mrs Thulambo lived her life in Zimbabwe and her daughters were born and raised there.

Deporting this family is an outrage and another example of how callous the immigration authorities have grown under a Labour government. Macca Thulambo's murder is not a matter of dispute; his family, if returned, would be sure to be targets of the government-controlled police. The current spate of abductions indicates the high level of danger for any political activism in Zimbabwe. Mrs Thulambo finds the prospect of their return "terrifying… we are facing death."

In July, Gordon Brown proudly announced to parliament a moratorium on deportations to Zimbabwe. The Immigration Agency seems to be applying a technicality of the Thulambos' use of Malawian documentation. The level of oppression and degradation in Zimbabwe has inspired several world leaders to call for Mugabe's removal. Deportations cannot continue alongside such condemnation.

This case follows other high-profile deportations where the actions of officials, at the behest of ministers, appeared particularly callous. In January, Ama Sumani, 39, was deported to Ghana when her visa expired, despite her continuing chemotherapy for cancer of the kidneys. She died two months later, leaving two children. The Lancet described Mrs Sumani's treatment as "atrocious barbarism".

The government is still considering a proposal to withdraw primary healthcare from GPs for failed asylum seekers in the teeth of opposition from health professionals. Ministers have struggled to find a coherent argument for allowing such discrimination, which can counter the General Medical Council's guiding principle for doctors: 'Make the care of your patient your first concern'.

Other parts of the immigration estate have recently suffered scathing criticism. The Children's Commissioner, Sir Al Aynsley-Green, condemned the annual incarceration of 2,000 children in deportation centres such as Yarl's Wood in Bedfordshire as "shameful" "cruel" and "inherently harmful".

Nick Clegg has campaigned on a number of immigration issues since becoming Liberal Democrat leader. He successfully championed the cause of the Gurkhas when many faced deportation despite long military service for Britain. He is now lobbying for Mrs Thulambo and her daughters directly to home secretary, Jacqui Smith.

He said: "The Home Office seems determined to exploit every possible loophole in order to deport people who have clearly fled Zimbabwe. This government must get tough on Mugabe, not his victims. New Labour has presided over an asylum system which is at once incompetent and cruel. Bureaucratic incompetence means that some refugees must wait years for an answer, during which time they have no means to support themselves. Then, for no apparent reason, they are bundled out of the country even if they and their family have developed roots here. It is an inefficient and inhumane way to treat people fleeing violence and persecution."

Jacqui Smith has caused conflict within the cabinet about raising fears of an "influx" of Zimbabweans wishing to escape the cholera epidemic. Mugabe may make absurd announcements denying the existence of the disease but a spokeswoman for the South African Health Department described the outbreak as being "on a massive, unprecedented scale." The epidemic alone should be sufficient reason to not even contemplate deportation for the Thulambos.

Despite cases of asylum falling by two-thirds since 2000, the BIA has been taking an increasingly tough line on applicants. The agency is employing a degree of hardheartedness that feels well outside our national character and traditions for sheltering the persecuted. The appointment of Phil Woolas as immigration minister in the autumn appears to herald an even less sympathetic approach. Woolas has complained the solicitors representing asylum seekers were just "an industry … undermining the law and playing the system".

Mr Woolas's saloon-bar philosophy obscures an immigration system with significant flaws in its decision-making process and manned by a dispirited and undervalued civil service. The solicitors play a vital role in highlighting mistakes made in the fair consideration of asylum applications. The Refugee Council can show nearly 50 per cent of rejected cases from East African countries such as Eritrea are upheld on appeal.

The Council welcomed the halt to deportations to Zimbabwe, but then they found Zimbabweans were being deported to neighbouring countries. A spokesman for the Refugee Council said, "The UK government should simply be looking after the relatively small number of refugees who are here from Zimbabwe - rather than trying to remove them to countries which are themselves struggling to deal with the tens of thousands who have had to flee recently."

Mrs Thulambo and her daughters are fast running out of time. Her constituency MP, Labour backbencher Angela Smith, has offered her full support, lobbying ministers directly and instigating an urgent review of the case. Nevertheless the tickets for Monday evening's flight are still booked and the return to Mugabe's brutal dictatorship beckons.

Women demand asylum from rape

Press release from Black Women's Rape Action Project
On 25 November 2008, International Day for the Elimination of Violence against Women, we demand that the UK government meet its international obligations to provide protection to women seeking asylum from rape and other sexual torture.

In June 2006, Black Women's Rape Action Project issued the "Asylum from Rape" petition demanding official recognition of rape as torture and persecution, and practical help for women to overcome the many obstacles they face in making their asylum claims. Thousands of people have already signed the petition including journalists Victoria Brittain and Caroline Moorhead, lawyer Gareth Peirce, actress Juliet Stevenson and poet Benjamin Zephaniah.

An estimated 50% of women seeking asylum in the UK are rape survivors. Women are spearheading the movement for asylum rights and exposing the hidden atrocities in the asylum process. This self-help activity has encouraged opposition from many quarters, including high level protests against the detention of children and vulnerable people. The "Asylum from Rape" petition is one way of informing people about who seeks asylum and why, and is a tool to demand change.

We are calling on all concerned UK and international organisations to endorse the "Asylum from Rape" petition.

• Whilst International courts recognize that rape is routinely used as a weapon of war and also as an act of genocide [1] , asylum claims by women seeking asylum from rape are routinely dismissed by the Home Office and the courts, flouting government guidelines, UK case law and international conventions [2] .
  
  
• Whilst the conviction rape for reported rape in the UK is an appalling 6%, racism and official contempt for those who are from other countries and vulnerable compounds the sexism all women are up against.
  
  
• Many women are accused of "fabricating" their account of rape. In other cases, sexual violence is dismissed as "simple lust" or "random acts" by "unruly officers", or women are told it is safe to live somewhere else in the country they fled.
  
  
• Many mothers are also suffering the unspeakable violence of being separated from their children who they were forced to leave behind when they fled to the UK. See their campaign here.
  
  
• Contrary to the government's own rules against the detention of victims of torture, over 70% of women in Yarl's Wood Removal Centre are rape survivors [3]. Some are imprisoned as soon as they claim asylum. The petition calls for an end to this "Detained Fast Track" procedure.
  
  
• Many are being sent back to further torture because they weren't able to put before the UK authorities the full evidence of the rape and violence they suffered or were arbitrarily dismissed when they did. Most of the few women who have been able to stay in touch with BWRAP and Women Against Rape, report being raped or tortured again. Many are destitute and some have been forced into prostitution to survive.
  
  
• Whilst only 7% of racist attacks in the UK result in a conviction, many women asylum seekers report increased racial violence, fuelled by government and media witch-hunts against so-called "bogus asylum seekers"
  
  
• On this fifteenth anniversary of the creation of the post of UN Special Rapporteur on Violence against Women, we urge the current Rapporteur Yakin Ertürk to intervene against UK government's policies which deliberately make women asylum seekers destitute and force women back to countries where they may face rape, other violence and even death.

Women in all of the above situations are available for interview. For more information, including how you can help, contact BWRAP@dircon.co.uk or call 020 7482 2496

1. In the coming weeks, three judges of the International Criminal Court in The Hague will decide whether Sudan's president will stand accused of masterminding the use of rape as a form of genocide against several ethnic groups in Darfur. [David Scheffer, "Rape as genocide in Darfur", Los Angeles Times 13 November 2008]
http://www.latimes.com/news/opinion/commentary/la-oe-scheffer13-2008nov13,0,4968269.story

2. "Misjudging Rape - Breaching Gender Guidelines & International law in Asylum Appeals", BWRAP & WAR, December 2006].

3. Legal Action for Women's research into women's rights violations at Yarl's Wood Removal Centre. [A "Bleak House" for Our Times, December 2005]

Disgraceful!

A terminally ill Ghanaian woman has been removed from hospital in Wales to be deported, because her Visa had run out. I'm so disgusted with my country's lack of care, humanity and basic respect.

Cancer Patient Loses Visa Battle
A Ghanaian woman who came to the UK five years ago and became a student is being flown back to the African country, despite being terminally ill.

Ama Sumani was taken by immigration officers from a Cardiff hospital where she has been receiving dialysis for a year after cancer damaged her kidneys.

Ms Sumani, 39, whose visa has expired, said she cannot afford care in Ghana.

Her solicitor said they had pleaded compassionate grounds. The Home Office said it examined each case "with care".

Before leaving, she had been comforted by a nurse in a day-room at the University Hospital of Wales.

The immigration service arrived at 0800 GMT.

Ms Sumani was tearful but calm when she left hospital in a wheelchair with five immigration officials, one carrying her suitcase, and she was driven away.

She left on a flight from Heathrow to Ghana at 1435 GMT.

The cancer she is suffering from - malignant myeloma - would ordinarily be treated with a bone marrow transplant, but she was not entitled to the treatment.

The dialysis treatment she has been receiving is helping to prolong her life and her last treatment was on Tuesday evening.

Legal status

But it needs to be repeated regularly and there are concerns she would not be able to access dialysis treatment centres in Ghana.

Health care there is also private but Ms Sumani said she could not afford it.

A spokesman for Ghana's high commission in London said the country had two fully-equipped hospitals in Accra and further north in Kumasi.

He did concede that access to treatment was costly but said that if Ms Sumani was a member of the Ghana national health insurance scheme she would still receive treatment.

A friend Janet Simmons said Ms Sumani was a widow and a mother of two children, who were currently being looked after by members of her church in Ghana.

She first came to the UK as a visitor in 2003, but then changed her status to student and attempted to enrol on a banking course at a city college, her solicitor explained.

Ms Sumani's lack of English prevented her from pursuing the course and she went to find work which contravened her student visa.

In 2005 she returned to Ghana to attend a memorial service for her dead husband.

But when she came back to the UK her student visa was revoked and she was only given temporary admission which effectively meant she was given notice she would be removed, her solicitor said.

She did not keep in touch with immigration officials and was first taken ill in January 2006. Without the dialysis doctors fear she only has weeks to live.

Her solicitor said she accepted her removal was fair but said they had made representations on her behalf on compassionate grounds.

Ms Sumani is being removed from the country rather than deported because of her expired visa which means she has no legal status in the UK.

A removal means that in theory she could apply to return to the UK in the future.

A spokesman for the Border and Immigration agency said said it would not remove from the UK anyone who they believe is at risk on their return.

"Part of our consideration when a person is removed is their fitness to travel and whether the necessary medical treatment is available in the country to which we are returning," he added.

"Removals are always carried out in the most sensitive way possible, treating those being removed with courtesy and dignity." (my emphasis. Bastards)

Snippets

Great news, via the Indie and the f-word, Major airline refuses to help with forcible removal of immigrants.

By Robert Verkaik, Law Editor
Published: 08 October 2007

An important part of the Government's immigration policy has suffered a serious blow after a leading airline announced it would no longer carry failed asylum-seekers who were being forcibly removed from the United Kingdom.

XL Airways, which has a fleet of 24 aircraft, said it was opposed to the policy because it had "sympathy for all dispossessed people in the world".

Last week, The Independent revealed that hundreds of failed asylum-seekers have claimed they have suffered physical and racial abuse during the removal process at the hands of private security guards.

The Government relies on airlines using chartered and scheduled aircraft to deport asylum-seekers who have failed to win a right to remain in the UK.

In an email to a campaign group which supports failed asylum seekers, XL said its chief executive had told the Government it had not "fully understood" the political dimensions of these flights. In February, one of its aircraft was used to deport 40 failed asylum-seekers to the Democratic Republic of Congo as part of the Government's "operation castor".

Now it has emerged that the airline has written to the National Coalition of Anti-Deportation Campaigns confirming its decision to pull out of any further flights. The XL email, sent on 12 September, said: "We had a contract with the Government along with other carriers, for a range of flying. Under this contract we operated one flight in February to DR Congo as part of this contract, without full understanding of the political dimensions involved.

"Our chief executive [Phillip Wyatt] had made it quite clear to all concerned that we will not be operating any further flights of this nature ... We are not neutral on the issue and have sympathy for all dispossessed persons in the world, hence our stance."

A spokesman for the airline told The Independent the Government had been informed of its decision. Other airlines are now expected to make their own objections public.

It is not known how many airlines have contracted to carry failed asylum-seekers but it is estimated that the Government pays out several million pounds each year. Emma Ginn, of the National Coalition of Anti-Deportation Campaigns, said last night: "It's time airlines rethink what they are doing. Shareholders and customers will be horrified by the reality of what happens to deportees taken for these flights."

The Borders and Immigration Agency, the government body that has responsibility for forced removals, has refused to disclose details, requested under the Freedom of Information Act, about deportation flights. The agency said: "If we were to disclose the information you have requested, this would prejudice the number of airlines willing to contract with the agency on charter operations and could drive up the cost of such operations. In addition, the release of information could damage commercially those airlines who offer this service."

British Airways and Virgin, who were contacted by The Independent, said their aircraft had been used for the purposes of escorted deportations as they were under a legal obligation to return failed asylum-seekers. A Virgin spokesperson said: "That is a matter for the Home Office, who makes immigration policy. We are simply not qualified to make those decisions."

British Airways refused to say how many removals it carried out each year, but said it adopted a policy of permitting one escorted or two unescorted removals per flight : "It is UK law and we comply with it – it's like asking whether we are happy paying income tax."

But a Home Office spokesman said the Borders and Immigration Agency only contracted with airlines willing to operate removal flights. He added: "The agency uses agents/brokers to arrange both charter and scheduled removals. Airline captains have the right to refuse carriage of a passenger

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Helen Mirren is Impossibly Beautiful. But she looks so much better without!

Be proud to make a difference - Subvert an Army Ad

Market Forces, Many men consider buying sex as just another form of shopping, but their attitude is fuelling the trafficking of women to work in the trade
from The Guardian.

Let the Brailleway take the strain - very funny article about Braille signs in train toilets from BBC Ouch.

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